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NOVEMBER 12, 2002 MINUTESCITY COUNCIL MA YOR MEYERA E OBERNDORF, At-Large MARGARET L EURE, Centervdle - District 1 LOUIS R IONES, BaysMe -Dtstnct 4 REBA S McCLANAN, Rote Hall - Dt~trtct 3 RICHARD A MADDOX, Beach ~ Dtqrwt 6 HM REEVF, Prmcet~ Anne - Dtttrtct 7 PETER W ~CHM]DT, At-Large RON A VILL4NUEVA, At-Large ROSEMARY WILSON At-Large JAMES L WOOD, Lynnhaven -D~strwt 5 JAMES K SPORE, Ctty Manager LESLIE L LILLEE Ctty Attorney RUTH HODGES SMITH MMC, Ctty Clerk City of Virginia Beach "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 427-4303 FAX (757) 426-5669 E MAIL Ctycncl~vbgov corn November 12, 2002 I CITY COUNCIL BRIEFING - Conference Room- 2:00PM Ao VOLUNTEER COUNCIL ANNUAL REPORT Mary Russo - Volunteer Council Coordinator II CITY MANAGER'S BRIEFINGS A Bo LOCAL VEHICLE REGISTRATION Patncla Phdhps - D~rector - F~nance NEIGHBORHOOD REVITALIZATION STRATEGY Andrew Friedman - D~rector - Housing and Neighborhood Preservation III. REVIEW OF AGENDA ITEMS IV CITY COUNCIL COMMENTS V INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor Meyera E Obemdorf B ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM Ao CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Constance Lew Associate Pastor Umon Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS November 5, 2002 G AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. Conveyance of City's Utility Easements - Indian River Road and Llla Lane O RD IN AN CES/RESO L UTI O N S o Ordinances to AMEND the City Code' a. Tax revisions. (1) Receipt and collection of meal taxes (2) Admission and lodging taxes (3) New penalty and interest provisions for these taxes § 6-8 re the use of wheeled devices with a wheel diameter of less than twelve (12) Inches on any dune cross-over timber walkways located at the beach accesses between 59th and 89th Streets ADD {} 21-321.2 re mammum speed hm~ts wlthtn designated neighborhoods (traffic calming): Mdburn Manor. Daws Street Lake James. Lake James Drive Larkspur: Edwin Drive from Princess Anne Road to Independence Blvd. . Ordinance to AUTHORIZE the City Manager to convey of a permanent utlhty easement on City-owned property, known as Indian River CITGO, to VIRGINIA ELECTRIC AND POWER COMPANY [VEPCO]; and, EXECUTE the necessary Easement Agreement . Ordinances to AUTHORIZE temporary encroachments into portions of City-owned properties a.o Sandbndge Shores by JULIO and EBBIE CABRAL: construct a new pier and access to replace a deteriorated structure at 2864 Blueblll Drive (DISTRICT 7- PRINCESS ANNE) bo Back Bay Meadows by JOHN E. and AUDREY D. SETTLE. construct and maintain a wharf at 2957 Sand Bend Road. (DISTRICT 7 - PRINCESS ANNE) Ordinance to AUTHORIZE acqmsltlOn of temporary and permanent easements for the PEMBROKE MANOR storm water upgrade at Independence Boulevard and Jeanne Street by agreement or condemnation. . , . Ordinance to AUTHORIZE the Memorandum of Understanding and Operating Agreement between the City and VIRGINIA MUSEUM of MARINE SCIENCE FOUNDATION. Resolution to ESTABLISH the City Council's relationship with VIRGINIA BEACH COMMUNITY DEVELOPMENT AUTHORITY (VBCDC). Ordinance to AUTHORIZE a third supplement to the Development and Post-Closing Escrow Agreements ("the Supplemental Documents") for the Town Center project. Ordinance to APPROPRIATE a total of $10,397,000 in FY 2001-2002 School Reversion Funds: a. $8.8-Million: (1) $3,000,000 (2) $2,000,000 (3) $3,200,000 (5) $ 400,000 (6) $ 200,000 FY 2002-2003 School Capital Budget Telecommunication Infrastructure Replacement Instructional Technology Equipment and Vehicle Replacement Student Data Management System Landstown High School/Princess Anne Road Pedestrian Bridge b. $1,597,000: (1) $1,400,000 (2) $ 197,000 Instructional Category SOL Incentive Program Athletic equipment Ordinance to APPROPRIATE a grant of $15,000 from the of FRANCIS LAND HOUSE TRUST FUND to FY 2002-2003 operating budget of the Department of Museums and Cultural Arts re support for programs, events, exhibits and general operating expenses at the Francis Land House and Adam Thoroughgood House. J. PLANNING Vartance to Sustatn 4 4 Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for FOUR PINES ASSOCIATES, L.L.C. at the southwest intersection of West Great Neck Road and Adam Keeling Road, containing 40.46 acres (DISTRICT 5 - LYNNHAVEN) Recommendation APPROVAL Petitions re the dtscontznuance, closure and abandonment of a portions of certmn streets: a, DEMERTRIOUS KOULOUKIS for Admiral Wright Boulevard on the east side of Euclid Street, south of Virginia Beach Boulevard, containing 15,111 square feet. (DISTRICT 2 - KEMPSVILLE) Staff Recommendation DEFER TO NOVEMBER 26, 2002 DAKOTA ASSOCIATES, LLC to MODIFY the closed area (approved August 27, 2002 with five conditions) re Joseph Place, north of Maple (DISTRICT 6 - BEACH) Recommendation: APPROVAL UNITED JEWISH FEDERATION of TIDEWATER re EXTENSION of time for compliance [approved November 27, 2001, with nine conditions] for' · Moms Avenue · Katie Brown Drive Recommendation APPROVAL o Application of CHARITY UNITED METHODIST CHURCH re a Conditional Use Perrntt for a church expansion and preschool at Chanty Neck and Gum Bridge Roads (4080 Chanty Neck Road), containing 3.58 acres. (DISTRICT 7 - PRINCESS ANNE) Recommendation. APPROVAL . Application of THAO L. NGUYEN for a Conditional Use Permit re a church at the east side of Pnncess Anne Road, south of Green Meadows Drive, containing 1 acre (DISTRICT 2 - KEMPSVILLE) Recommendation. APPROVAL o Application of NEW LIFE PRESBYTERIAN CHURCH for a Conditional Use Permit for expansion on the west side of Dam Neck Road, north of Monet Drive (3312 Dam Neck Road) containing 6.3 acres (DISTRICT 3 - ROSE HALL) Recommendation: APPROVAL o Apphcatlon of A. J. VENTURES, INC. for a Condtttonal Use Permit re a carwash, at Shore Drive west of Treasure Island Drive (4357 Shore Drive) containing 34,630 square feet (DISTRICT 4- BAYSIDE) Recommendation' APPROVAL Application of PRINCESS ANNE COUNTRY CLUB for a Condtttonal Use Permit re a golf cart storage facility on the northeast comer of Holly Road and Llnkhom Drive, containing 16,988 square feet. (DISTRICT 5 - LYNNHAVEN) Recommendation APPROVAL o Application ofJANICE L. ROWLEY for a Conchttonal Use Permit re a recreational use of an outdoor nature (skateboard ramp)on Summerset Lane south of New Castle Road (808 Summerset Lane), and contmmng 15,225 square feet. (DISTRICT 5 - LYNNHAVEN) Recommendation: APPROVAL Application of TRITON PCS, Inc. for a Conditional Use Permtt re a monopole and stadium Ii on northwest comer of North Great Neck Road and Shorehaven Drive (2425 Shorehaven Drive) and, contmmng 49.995 acres. (DISTRICT 3 - ROSE HALL) Recommendation: APPROVAL K. APPOINTMENTS FRANCIS LAND HOUSE BOARD OF GOVERNORS PARKS AND RECREATION COMMISSION L UNFINISHED BUSINESS M NEW BUSINESS 1 Abstract of Votes - General Elect~on November 5, 2002 N ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 11/07/02 AGENDA 11/12/02\blb v~-~vw vbgov corn 0~. OUR MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 12 November 2002 Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFING re VOLUNTEER COUNCIL ANNUAL REPORT tn the Ctty Councd Conference Room, Ctty Hall Building, on Tuesday, November 12, 2002, at 2 O0 P M Counctl Members Present Margaret L Eure, Louts R Jones, Reba S McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Absent. Peter W Schmtdt, [Meettng tn Rtchmond Entered 3 08 P M] -2- CITY COUNCIL BRIEFING VOL UNTEER COUNCIL ANNUAL REPORT ITEM # 50366 2:00 P.M. Mary Russo, Volunteer Counctl Coor&nator, tntroduced Doris Hindlin (formerly employed by the Virgima Employment Commtsston)- Volunteer, Angela Garner- Vtrgtnta Beach Quality Servtce System and Martetta Connor (Accountant, rettred from AT & T), Chatrman, Technology Commtttee- Volunteer Counctl. Dave Denms, who formulates the Volunteer Web Page and asststs Mrs Connor wtth the data base program, ts a rettred Computer Analyst The Sunday BEACON featured a veteran, Jack Peterson, who ts also one of the Volunteers tn Mrs Russo's office Mrs Russo expressed apprectatton to the Mayor and City Manager for thetr valued assistance and support Mission Statement The Vtrgtnta Beach Volunteer Counctl exists to promote volunteertsm wtth Vtrgtnta Beach government agenctes to enhance the economtc, educattonal, soctal and phystcal quahty of the commumty and to support muntctpal services valued by ctttzens Volunteers Support City Government Strengthentng programs and servtces Expan&ng servtces Intttattng special projects Enhanctng rapport between Ctty government, ctttzens and bustnesses Brtngtng tnnovatton, expertmentatton and advocacy Mrs Connor advtsed durtng FY 01-02, there were 15,496 volunteers ANNUAL REPORT COMPARISONS Ftscal Year Number of Hours Worked FTE (Full Time Dollar Value Volunteers Employee) Equtvalent 9 7/98 1 O, 418 1,592, 900 766 $17, 329, 946 98/99 11,635 1,819, 923 8 75 $19, 660, 288 99/00 14, 912 1,961, 80 7 943 $ 20, 069, 822 00/01 15, 945 1, 4 77, 209 710 $16, 245, 640 01/02 15,496 1,496,392 713 $15,896,280 Susan Walston, Chtef of Staff, advtsed she ss appointed by the City Manager to co-lead the Volunteer Counctl The Ctty's program ss known nattonwtde and has a great reputatton based on the aforementioned stattsttcs Mrs Walston ctted A CHIE VEMENTS IN EXCELLENCE Ftscal Year 2000/2001 Hours Value Emergency Medtcal Servtces 458, 436 $ 6,191,102 Shertff's Office 538, 302 $ 4, 419, 561 Parks and Recreatton 177,241 $1,221, 756 November 12, 2002 -3- CITY COUNCIL BRIEFING VOL UNTEER CO UNCIL ANNUAL REPORT ITEM # 50366 (Continued) 0 VER A CHIE VERS Department Hours Value Agrtculture 35, 311 $ 654, 416 Communtty Servtces Board 18, 767 $ 341,989 Ftre 8,200 $108,879 General Servtces 19, 058 $ 254,139 Juventle Court Servtce Untt 1 O, 73 7 $ 280, 933 Museums and Cultural Arts 112, 606 $ 970, 722 Office of the Mayor 3, 452 $12 7, 950 Pendleton Chtld Servtce Center 7, 365 $125, 043 Pohce 27, 640 $ 294,234 Pubhc Ltbrartes 25,306 $ 218,344 Soctal Servtces 23, 580 $ 34 7, 349 Other Highlights Recognition at US Mayor's Conference Program on Volunteertsm and Informattonal Resources estabhshtng programs tn local communtttes Volunteer Vision Conference (ODU Htgher Education Center) - ninety (90) attendees Twenty-seven (2 7) new certified Coordinators/eleven (11) recertified (Totaling seventy-one (71) certified Coordinators to date) Volunteer forms available on Internet Youth Volunteers' city-wide recognition Volunteer Garden expansion fund raising Promoted Volunteerism at ten (10) Job Fairs Recognition of Volunteers with twenty (20) +years of service Performance Measures Clean the Bay Day/Adopt-A-Program(s) - 1,091 miles were cleaned, 108,945pounds of debris were collected through these programs Volunteer Inspectors Program - hosted by the Department of Housing and Neighborhood Preservation. 824 waste management notices and 882 recreational vehicle notices were issued. 10,110 illegal signs were removed. Mrs Russo presented a facstmtle check to the Ctty Counctl from the volunteers $15,896,280.42 November 12, 2002 -4- CITY M/INAGER'S BRIEFING LOCAL VEHICLE REGISTRATION 2:20 P.M. ITEM # 50367 The Ctty Manager advtsed on June I, 2002, Ctty Councd approved a plan to tmprove the local vehicle regtstratton process by combtmng the local vehicle registration fee with the state vehicle registration process to eliminate city decals No decals wdl be sold tn 2003 and they wdl not have to be displayed on vehicles afier December 31, 2002 The transttton plan enables the ctty to eltmtnate the decal sooner and offer taxpayers an "easter to understand" approach Patrtcta Phdltps, Director of Ftnance, brtefed Ctty Council re the status and proposed contract wtth the Dtvtsion of Motor Vehtcles (DMV) The requtred ordtnances wdl be scheduled for the Ctty Councd Sesston of November 26, 2002 Patrtcta Phdhps advtsed the new Local Vehicle Registration (L VR) Program, Overstght Committee and work groups at both the Dtvtston of Motor Vehtcles and the Ctty were formed and have been developtng the bustness rules to tmplement the L VR program Mrs Phdltps ctted the members of the Overstght Commtttee: Patricia Phillips DirecWr of Finance David Sullivan Chief lnformation Officer Steve Thompson Chief Financial Officer Philip Kellam Commissioner of the Revenue Gwen Cowart Director of ComlT Nancy Leavttt, Finance, has been the ProJect Coordinator The Commissioner of Revenue's Office, Management Servtces and Me&a and Commumcattons have also been a vttal part of process Mrs Philhps tntroduced Phtltp Vasquez - Deputy Commtsstoner and Larry Harrtson- Asststant Commtsstoner for Planmng and Budget, Dtvtston ofMotor Vehtcles (DMV) Senators Stolle and Wardrup have been supporttve of this project GOALS Improve service to customers No negative revenue impacts Better, more efficient process A plan has been developed by the work groups to transttton Vtrgtnta Beach ctttzensfrom a common-to-all vehtcle regtstratton schedule to one that matches the month when thetr vehicle's state regtstratton exptres. November 12, 2002 -5- CITY MANAGER'S BRIEFING LOCAL VEHICLE REGISTRATION ITEM # 50367 (Continued) TRANSITION PLAN No decals soM tn 2003 Decals no longer required on vehtcles after December 31, 2002 DMV transtttons all Vtrgtnta Beach ctttzens during the 2003 local vehtcle regtstratton process rescheduled for June 13 Local renewal nottce to be marled to all Vtrgtnta Beach ctttzens on May 13 Regtstratton fee due on June 13 Fee owed equal to 1/12 the annual fee times the number of months from January 2003 to the state regtstration exptratton month DMVprocesses the btlls and tssues a L VR (Local Vehtcle Regtstratton) comI~hant re$tstratton card MA Y 2003 BILLING AMOUNTS WILL VARY BASED ON THE STATE REGISTRATION EXPIRATION DA TE - EXAMPLES # Months Exptratton Date Btll Amount Annual State Regtstrattons 7 July 2003 $14 58 12 December 2003 $25 O0 2-Year State Regtstrattons 19 July 2004 $39 58 30 June 2005 $62 50 After the tntttal transttton bdhng, the local vehtcle regtstratton fee will be $25 at the state regtstratton exptratton date (for vehtcles under 4, O00 pounds Key Points Thts plan wtll meet the vehicle regtstratton revenue budgeted tn FY 2003 ors 7 97-Mtlhon Savtngs from not selhng decals wtll be used to compensate DMV for admmtstertng the 2003 transttton process Transttton wtll occur tn a one month pertod from May 13 - June 13 Everyone wtll be transtttoned by the State L VR program on July 1, 2oos Decals wtll be ehmtnated on year earher than ortgtnally planned Treasurer's Office staff will be freed to tmplement the Vehtcle Regtstratton Wtthholdtng Program DMV will be able to track who pays the local regtstratton fee tn 2003 through the use of admtntstrattve "stops" Thts plan can be extended to other locahttes as theyjotn the L VR Program November 12, 2002 -6- CITY MANAGER'S BRIEFING LOCAL VEHICLE REGISTRATION ITEM # 50367 (Continued) The Dtvtston of Motor Vehtcles wtll charge a 1. 7% fee (70¢) The fee already assumes a certain amount of uttltzatton cre&t cards, therefore, there wtll be no addtttonal charge to the Ctty PA YMENT OPTIONS FOR SPECIAL TRANSITION BILLING Payment by lnternet and telephone wtll not be available for thts spectal btlhng only Payment by lnternet and telephone wdl be avadable for L VR customers begtnntng duly 1, 2002 Payment by credtt card will be avadable for the spectal btlhng L VR AND TRANSITION COSTS Costs associated with the L VR Program and the Transition Plan are estimated to be $442,780 The $300,000 budgeted in FY-O3 for selling decals can be used for the proposed transition process instead COST DETAILS City to compensate DMV for administering the transition process in 2003 $228,228 A public information campaign needed to explain the transition process to the citizens $ 77,000 ComIT resources to develop an application to produce Virginia Beach reports $ 61,000 Temporary staff during the transition period to handle citizen inquiries $ 52,000 Annual funding for the new military discovery process to take the place of the decal $ 24,552 TO TAL: $442,780 Catheryn Whttesell, Administrator - Resource Management, advised $300,000 ts being transferred from the Ctty Treasurer's office to thts program The ComlT department has agreed to redtrect some of tts resources to cover the $61,000 re development of the apphcatton For the most part, these costs are betng observed wtthm the currently approved Operating Budget The decal process wdl be absorbed parttally wtthm the $300, O00 fundtng The temporary staff wtll be a one-trine cost and eliminated tn next year's Operatmg Budget PERMANENT LOCAL VEHICLE REGISTRATION OPTIONS The State offers permanent regtstratton opttons for traders, anttque cars, and anttque motorcycles The Ctty does not offer any permanent regtstratton opttons Recommend that the permanent local vehtcle regtstratton per fee opttons match the State's regtstratton November 12, 2002 _ CITY MANAGER'S BRIEFING LOCAL VEHICLE REGISTRATION ITEM # 50367 (Continued) PROPOSED PERMANENT RATES The proposed rates for the permanent local vehtcle regtstrattons are. Trailers $52.00 Antique cars $13.50 Antique motorcycles $13.50 Same rates as the State Fees opttonal- not requtred PUBLIC INFORMATION PLAN Informatton nottces wtll be maded to the ctttzens tn January 2003 explatntng the transttton plan and new mdttary qualificatton procedures Btll stuffers to go out with personal property tax notices tn May or posstbly a second ctttzen mathng Publtcattons, such as Ctty page and the BEAM, wtll carry educattonal arttcles A short tnfomerctal wtll be produced wtth VBTV DRAFT CONTRA CT PRO VISIONS The Vehtcle Regtstratton Wtthholdtng (VR W)fee wtll be reduced from $20 to $5 A Letter of Agreement for the L VR (Local Vehtcle Regtstratton) Program wtll acknowledge the tntent of both parttes unttl a contract ts stgned The City's regtstratton fees wtll be depostted tn a trust account as collected, and transferred to the Ctty on a monthly basts The DMY fee for admtmstertng the L I/R Program will be 70¢ per transaction RECOMMENDATIONS City Council Briefing November 12, 2002 Advertise Public Hearing ion Permanent Registrations November 17, 2002 Approve the revised ordinance pertaining to local vehicle licenses November 26, 2002 Transition Plan for DMV to administer 2003 registrations Authorize City Treasurer to stop selling decals on December 31, 2002 Create Permanent local registration classification and fees Approve ordinance to transfer funds for payment to DMV to administer the transition program, temporary personnel, application development and public information November 26, 2002 Continue to work with the DMV staff to develop the business rules documentation and the contract November 2002 - June 2003 Implement public information plan December 2002 - June 2003 November 12, 2002 -8- CITY M/INA GER 'S BRIEFING LOCAL VEHICLE REGISTRATION ITEM # 50367 (Continued) Phthp Yasquez - Deputy Commtsstoner, Dtvtston of Motor Vehtcles (DMV), advtsed hts pleasure wtth the Local Vehicle Registration program The Governor ts tn sync with thts tnnovattve program whtch brtngs more services to the taxpayer, creates more convemences, dertves benefit to the locahttes and demonstrates government can work d~fferently The Ctty has the abtltty to request DMY to withhold regtstratton for dehnquent taxes Larry Harrtson- Asststant Commtsstoner for Planmng and Budget, Dtvtston of Motor l/ehtcles (DMV), advtsed thts program has benefits and advantages tn terms of effictency, reduced costs for the ctttzen, the local government and the DMV Thts brtngs together two separate stmtlar processes the hcenstng of vehtcles, and makes tt a seamless transaction handled at one ttme Through the economtes of scale, the fee can be reduced as more jurtsdtcttons parttctpate tn the program Phtlhp Kellam, Commtsstoner of the Revenue, advtsed the process of formulattng tnformatton for Ctty Counctl to constder tncluded a work group, as well as an overstght commtttee As a practtcal matter, the decals have not been ordered If they were not ordered by the begtnmng of the month, the decals cannot be distrtbuted ttmely by the Ctty Treasurer The overstght committee made a dehberate dectston to say tt ts not hkely the Ctty wtll have "decals" Mr Kellam advtsed he probably mrs spoke when "I satd that we wdl not have decals" Certatnly, that ts the purvtew of Ctty Counctl As a practtcal matter, we wtll not be able to tssue decals at the begtnntng of January Relattve the benefits to the decal for restdents, Mayor Oberndorf advtsed the person's drivers license wtth the home address would provtde the after 5 O0 P M special $I OO park~ng at the Oceanfront and serve as proof to allow sohd waste &sposal November 12, 2002 -9- CITY M,4NA GER 'S BRIEFING NEIGHBORHOOD RE VI T,4 L IZ,4 TI O N STRATEGY ITEM # 50368 3:00 P.M Andrew Frtedman- Dtrector, Houstng and Netghborhood Preservation, advtsed Netghborhood Revttahzatton ts one of Ctty Counctl's top prtortttes Thts ts intended to be a Type III Brtefing "to brtef Mayor and Ctty Counctl of major tssues." Proposed Vision for our Neighborhoods Vtrgtnta Beach wtll be a ctty without bhght All our ctttzens will have the opportunity to hve tn vital, safe, and attractive neighborhoods that provtde a high quahty ofhfe and help our ctttzens achteve thetr goals "Blight is not inevitable" Mr Friedman &splayed a photograph ora town home tn the Princess ,4nne Plaza neighborhood Houstng and NetghborhoodPreservatton asststed tn the rehabthtatton and the owner clearly has tnvested stgntficant energy to make a contrtbutton to the netghborhood and the Ctty It ts not the value of the house, but who ts matntatntng the property A "vttal" netghborhood ts a place that people are putttng energy tnto (thorough tnvestment, maintenance and social activity) because they want to hve there and beheve tn tts future Revttahzatton means "to keep or return a netghborhood to vttahty " A conttnuum approach to netghborhood vttahty tdenttfies four approaches to matntammg vttahty, which are utthzed based on an assessment of netghborhood conchttons The four approaches are Maintenance of public infrastructure and improvements, and the ongoing provision of city-wide services Re-investment to achteve ortgtnal con&ttons or matntatn current condtttons vta replacement or upgrading of tnfrastructure Revitalization a comprehensivelyplanned and tmplemented approach to achtevtng vttaltty Redevelopment A partial or total change of structures, land or both, to achteve vttahty and/or to address changing condtttons, ctrcumstances and pubhc goals Revitalization or redevelopment ts needed when ongotng market forces are not worktng to matntatn vttahty The Ctty's role ts to tdenttfy areas where thts ts occurrtng, or has occurred, and to mobthze al stakeholders tn a coordinated effort to reserve that Successful revttahzatton enhances ctttzen wealth, results tn "the market" functtonmg effecttvely, and mcreases the tax base Mr. Frtedman ctted examples of successful neighborhood revitalization: The "target neighborhood program" revttahzed 10 tdenttfied areas Water, sewer, streets, dratnage, houstng asststance and code enforcement were provtded Results tncluded stgntficant prtvate tnvestment and accelerated increases tn assessments Vtrgtnta Beach's Atlanttc Avenue area ts an example of revttahzatton Acttvtttes undertaken tncluded Infrastructure and phystcal envtronment tmprovements Enhanced safety through more pohctng Intenstfied tnspecttons of prtvate property Increased pubhc servtces November 12, 2002 - 10- CITY MANAGER'S BRIEFING NEIGHBORHOOD REVITALIZATION STRATEGY ITEM # 50368 (Continued) Revitalization Work Under Way The Resort Area Netghborhoods project ts ustng a storm waterproject as a platform to tmprove traffic, street scape and landscaptng The Fatr Meadows Neighborhood ts an example of the QPE Team's "Multiple Outcome "pohcy of using already-planned tnvestments to leverage more improvements Lake Edward revttahzatton acttvtttes began in 1999 and tnclude stgntficant tnvestments tn houstng tmprovements, recreation youth programs and communtty pohctng Assessments tn Lake Edward tncreased 18% from FY 01-02 to 02-03 Thts ts more than trtple the average tncrease tn assessments for townhouses that year of 4 9% Vtrgtma Beach ts acttvely worktng to tmprove netghborhoods Programs tnclude. Ongotng enforcement of butldtng, property matntenance, zonmg, fire safety and health codes (over 35, 000 annually), pro-active communtty pohctng to acttvely tmprove safety, and, conducting netghborhood leadershtp courses for civic leaders What's Our Environment The Ctty's houstng ts tn good conchtton Eighty-four percent (84%) of houstng meets exterior code requirements The Ctty's houstng ts agtng There are over 160,000 houstng units tn our city, representtng over 90% of what wtll be here for the next l O years At least 60,000 houstng untts are over 20years old Aging houstng ts more expenstve to matntatn Some houstng requires more matntenance due to lack of tntttal quahty Some houstng wtll become economtcally tnfeastble to matntam The Ctty ts almost fully developed Under current pohctes, most development tn the Ctty wtll occur tn already developed areas -wtll be etther tnfill or redevelopment Restdenttal property represents the majortty of the Ctty's prtvate and pubhc wealth In 2002-2003, the total assessed value of restdenttal property was $20 5-BILLION, or 82% of the total value of real property tn the ctty Thts represents the majortty of the wealth of our ctttzens and of the tax base needed to provtde ctty servtces Problems tn housmg affordabthty extst Not all of our ctttzens can comfortably afford the houstng tn which they hve Thts can create severe famtly stress Increases tn maintenance requtrements wtll increase affordabthty problems and can contrtbute to netghborhood dechne Some rental property ts poorly managed A key contrtbutor to netghborhood dechne ts poorly managed rental property Landlords themselves, or thetr tenants, can contrtbute to netghborhood dechne These landlords are generally not professtonal management compantes, but prtvate tnchvtduals The Ctty's netghbors are tmprovtng thetr houstng and netghborhoods The Ctty of Norfolk has estabhshed an ambtttous housmg strategy Norfolk ts provtchng $150-MILLION tn tmprovements for the Board Creek area Portsmouth ts actively redeveloping large areas into quahty rental and home ownership netghborhoods Hampton has a healthy netghborhood tntttattve November 12, 2002 -11- CITY MANAGER'S BRIEFING NEIGHBORHOOD REVITALIZATION STRATEGY ITEM # 50368 (Continued) RE COMMENDATIONS Keep dotng what we are doing Quahty ctty servtces, tnfrastructure investments and quahty pubhc schools provtde the basts for quahty netghborhoods Add capactty as needed Conttnue to ensure that our capabtltty to do thts work matches the demands of our changing ctty Add new capabthttes aging houstng and netghborhood dechne requtre new resources, tools, tdeas Constder utthztng extsttng resources for new uses Tap new resources for houstngfinance Engage ctttzens pro-acttvely, early and at the neighborhood level Increase coordtnatton of and prtortttze tnfrastructure tnvestments Create gutdehnes for long term quahty good design and tntttal quality tn houstng and netghborhoods more than pays for ttself over ttme Provtde tncenttves to tnsure gutdehnes are followed Enhance Markettng create accurate, postttve tmpresstons of our netghborhoods for current and potenttal future residents and stakeholders Plan for Redevelopment redevelopment ts one part of the conttnuum approaches to revttahztng netghborhoods Redevelopment ts the parttal or total change of the use and ahgnment of land, structures or both The Ctty should, with the help of ctttzens, develop prtnctples and practtces to gutde redevelopment as part of tts approach to constdertng a Redevelopment and Housing Authority. November 12, 2002 - 12- AGENDA RE VIE W SESSION 3:30 P.M. ITEM # 50369 I 10rdtnances to AMEND the Ctty Code a Tax revlstons (1) Recetpt and collectton of meal taxes (2) Admission and lodgtng taxes (3) New penalty and tnterest provtstonsfor these taxes Mayor Oberndorf referenced the correspondence of the Ctty Manager requesttng deferral of any Counctl actton re transferrtng Trustee Taxes from the Treasurer's Office to the Commissioner of the Revenue. There have been btlhng, assessment and tracktng issues that have artsen over the last couple of years that warrant research prtor to maktng organtzattonal adjustments In addition, both of these offices are subject to state findtng reductions that may hmtt thetr abthty to fulfill extsting programs much less take on new functtons wtthout addtttonal revenues To address these concerns, the Ctty Manager recommends a transfer from the regular Reserve for Contingencies of not more than $100,000 to fund a management review of the best managementpracttces and effictency gatns related to the assessment and collectton of vartous Ctty Taxes Thts revtew would tnvolve the Department of Ftnance, Real Estate Assessor, CtO, Treasurer and Commtsstoner of the Revenue The Ctty Manager advtsed the $100,000, ts a rough esttmate and the study ts not to just examine the Trustee Taxes, but more of a comprehenstve assessment of the functtons of the Treasurer's, Commtsstoner of Revenue's and Real Estate Assessors offices There are real areas where effictenctes can be achteved and better services rendered as well as better utthzatton of technology Phtlhp Kellam, Commtsstoner of the Revenue, advtsed he has been attempttngfor the last three years to get this ordtnance before City Council This ts almost a duphcate of the Ordtnance re telecommuntcattons adopted by Ctty Counctl on September 3, 2002 The Ctty Manager dtd not stgn off on thts Ordinance Mr. Kellam does not beheve a best practtces revtew ts necessary There was an internal au&t, whtch revtewed thts process tn August 2001 Coptes of thts audtt were dtstrtbuted by Mr. Kellam There has been an on- going 3-year revtew entttled the Revenue, Assessment and Collectton System The most effictent manner of collecttng these taxes ts not being executed John T Atktnson, C~ty Treasurer, advtsed one area of &spute ts the process re whether the Commtsstoner of the Revenue should collect the money The staff dtd review thts process two years ago and essenttally approved essentially the request of Mr Kellam Mr Atktnson beheved the delinquency rates can be analyzed very qmckly Staff ts more than capable of performtng the analysts The Ctty Attorney advtsed the key element re the Trustee Taxes ts the City Treasurer has extraordtnary powers to be able to collect these taxes The Treasurer must be on board and ts gotng to collect these taxes under thts Ordtnance The Ctty Attorney beheved there are unresolved tssues whtch are not surfacing at the moment The power of collectton of the Ctty Attorney is a ctvtl process of fihng a motton with the Circutt Court or General Dtstrtct Court and obtatmng a judgment The Treasurer's powers tnclude levytng on property and clostng bustnesses tn order to collect taxes Council Lady McClanan expressed concern relattve page 3, hne 98' Thts esttmated assessment shall be payable along with penalty and mterest wtthm five (5) days from the date such notice ts marled by the treasurer Counctl Lady McClanan beheved two members of City Counctl should be a part of the study The Ctty Treasurer suggested a commtttee of two be appotnted by Ctty Counctl to confer wtth Mr. Kellam and htmself and be the arbttrators The Ctty Treasurer did not beheve thts would entatl more than three hours Mayor Oberndorf appotnted Vtce Mayor Jones and McClanan as the arbttratton Commtttee. Thts item shall be DEFERRED until the City Council Session of December 10, 2002. November 12, 2002 - 30- Item V-I.l.a. ORDINANCES/RES OL UTIONS ITEM # 50399 Upon motton by Counctlman Jones, seconded by Councd Lady Wdson, Ctty Councd DEFERRED to the City Council Session of December 10, 2002. Or&nances to AMEND the Ctty Code a Tax revtstons (1) Recetpt and collectton of meal taxes (2) Admtsston and lodgtng taxes (3) New penalty and tnterest provtstons for these taxes Vottng 10-0 (By ConsenO Councd Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Councd Members Vottng Nay None Councd Members Absent None November 12, 2002 - 13- AGENDA RE VIEW SESSION ITEM # 503 70 I 10rdtnance to AMEND the City Code b ~ 6-8 re the use of wheeled devtces wtth a wheel &ameter of less than twelve (12) snches on any dune cross-over timber walkways located at the beach accesses between 59th and 89'h Streets Phsllsp Roehrs, Engsneersng - Pubhc Works, Beach Management, advssed the purpose of the or&nance ss three-fold The first pedestrtan safety, second the tssue of nosse and thtrd the damage occurrtng Thts or&nance tncludes recreattonal modes of transportatson wsth a wheel &ameter of less than twelve (12) snches Councsl Lady Eure beheves thss should also apply to BMXbskers, who can nde on any surface. Councdman Reeve suggested the addstson of prohsbsttng trsck rsdsng Thss stem wsll be dsscussed dursng Formal Sesston ITEM # 503 71 I 10r&nance to AMEND the Ctty Code c ADD 3~ 21-321 2 re maxsmum speed limsts wtthsn dessgnated netghborhoods (traffic calmsng) · Lake James' Lake James Drtve Councd Lady Eure requested the ressdents had suggested to her another the street whsch ss as great or even greater was not tncluded Thts has not been approved by the Ctty Councd, but ss#ns have already been placed re the traffic calmsng Mrs Eure beheves that the nesghborhood would hke Belvosr Lane added to the traffic calming, whtch ss all the same ctrcle around the Lake From the entrance, Lake ,lames goes to the rtght and Belvosr to the left Counctl Lady Eure requested snformatson be provsded ITEM # 503 72 15 Ordsnance to AUTHORIZE the Memorandum of Understan&ng and Operating Agreement between the Csty and VIRGINIA MUSEUM of MARINE SCIENCE FO UNDA TION Councd Lady McClanan expressed concern relattve the automattc renewal of the Agreement after the tntttal five-year term Councsl Lady McClanan also expressed concern relatsve tscket access to the Museum Lynn Clements - Dsrector, Department of Museums and Cultural Arts, advssed the agreement can be termsnated wsth a twelve month notsce at any tsme The Agreement can certatnly be renewed by City Council every five years Mrs Clements advssed people can call ahead for ttckets to the Marine Scsence Museum At all the hotels, there are "rack" cards and the phone contact who would provsde asststance One of the sssues of the IMAX theatre ts tsme tsckettng Coordtnattng thss aspect ss a bst of a challenge and hopefully when the software ss upgraded, web based ttcketsng can be achseved tn the future Agreement shall be revssed to snclude the document shall be revsewed by the Csty Counctl every five (5) years November 12, 2002 -14- AGENDA RE VIE W SESSION ITEM # 503 73 17 Ordtnance to AUTHORIZE a thtrd supplement to the Development and Post-Closing Escrow Agreements ("the Supplemental Documents '9 for the Town Center project Asststant Ctty Attorney Carol Hahn advtsed there have been two changes tn the Third Supplement and the Post-Closing Escrow Agreements Exhtbtt 9 1 2 &splays the reduction from 3 75, 000 to 345, 000 square feet There was a small change to one of the condtttons in the release of the Escrow There ts a condition that the Development Authortty wtll bom back about $2-MILLION from the $22.5-MILLIONpurchaseprice to be released to the Developer upon sattsfactton of certatn condtttons. $50,000 wtll be released when unanttctpated needs are tdenttfied by the Developer and the Authortty The "punch hst" escrow wtll be held back unttl completton of the ''punch hst" About $1 2-MILLION wtll be held back unttl completton of the structural shell of two (2) of the elements on Block 4 The requtrement to the release of any of those montes that there not be a breach of warranty clatm by the Authortty agatnst the Developer has been removed. Counctlman Jones DISCLOSED and wtll ABSTAIN as he has an ownershtp tnterest tn Resource Bank, whtch exceeds three percent (3%) of tts total equtty Resource Bank has entered tnto a Parttctpatton Agreement wtth Monarch Bank for a line of credit to Armada Hoffler Properttes It ts hkely that Armada Hoffler Properties will manage the Town Center for the project's Developer, Town Center Assoctates. Also, Resource Bank ts tn negottatton to lease a new butldtng at the Town Center ITEM # 503 74 18. Ordtnance to APPROPRIATE a total of $1 O, 397, 000 tn FY 2001- 2002 School Reverston Funds $&8-Million: (1) $3,000,000 (2) $2,000,000 (3) $3,200,000 (4) $ 400,000 (5) $ 200,000 FY 2002-2003 School Capital Budget Telecommumcatton Infrastructure Replacement Instructtonal Technology Equtpment and Vehtcle Replacement Student Data Management System Landstown High School/Prtncess Anne Road Pedestrian Bridge $1,597,000: (1) $1,400,000 (2) $ 197,000 Instructional Category SOL Incentive Program Athlettc equipment Counctl Lady Wilson advtsed she watched the rebroadcast of the School Board meeting and was chsappotnted re thetr dectston not to expedtte the pay raises Counctl Lady Wtlson was pleased wtth the recognttton of rehef for Baystde Mtddle School ITEM # 503 75 19 Ordtnance to APPROPRIA TEa grant of $15, O00 from the FRANCIS LAND HOUSE TRUST FUND to FY 2002-2003 operattng budget of the Department of Museums and Cultural Arts re support for programs, events, exhtbtts and general operatmg expenses at the Francts Land House and Adam Thoroughgood House. Councd Lady McClanan adwsed an update has been requested relative the status of the Adam Thoroughgood House As long as the Ctty ts gotng to be "caretakers "for thts House, she does not wtsh to approprtate funds from the Francts Land House to the Adam Thoroughgood House. Lynn Clements -Dtrector, Department of Museums and Cultural Arts, advtsed spealang with Harry Lester, Member, Board of Trustees - Chrysler Museum, and he ts acttvelypursmng the Thoroughgood House project to have the House conveyed t. f not to the Ctty of Vtrgtnta Beach to another enttty that wouM coordtnate wtth the Ctty relattve the House's operation These funds are needed not only for the Adam Thoroughgood House, but the Francts Land House Mrs Clements advtsed Mr Lester has been advtsed the Ctty ts tnterested tn owtng the Adam Thoroughgood House The Ctty Manager advtsed havtng conversattons with the City Manager of Norfolk and trytng to have the Chrysler Board coordinate the project November 12, 2002 - 15- AGENDA RE VIEW SESSION ITEM # 503 75 (Continued) Mayor Oberndorf advtsed the Chrysler Museum has ratsed $30-MILLION and ts not purstng $50-MILLION for a permanent endowment for the Museum Counctl Lady Eure concurred wtth Councd Lady McClanan and tt has been well over a year the Ctty has been operattng the Adam Thoroughgood House Council Lady McClanan advtsed Counctlman Reeve the Friends of the Francts Land House ts the group of tnterested volunteers that supports the programs and activtttes of the Francts Land House Thts Or&nance would take funds that have been ratsed by these Frtends for the Francts Land House and use tt for both houses In order for the Frtends of the Francts Land House to meet and vote on thetr preference, thts item will be DEFERRED, B Y CONSENT, until the City Council Session of November 26, 2002. ITEM # 503 76 B Y CONSENSUS, thefollowtng shall compose the CONSENTAGENDA: ORDINANCES/RES OL UTIONS I 10rdtnances to AMEND the City Code a Tax revtstons (1) Recetpt and collection of meal taxes (2) Admtsston and lodgtng taxes (3) New penalty and tnterest provtstons for these taxes b 3~ 6-8 re the use of wheeled devtces wtth a wheel diameter of less than twelve (12) roches on any dune cross-over ttmber walkways located at the beach accesses between 59th and 89~h Streets c ADD 3~ 21-321 2 re maxtmum speed hmtts wtthtn destgnated neighborhoods (traffic calming) · Lake James Lake James Drtve L2 Or&nance to AUTHORIZE the City Manager to convey a permanent utthty easement on City-owned property, known as Indian River CITGO, to VIRGINIA ELECTRIC AND POWER COMPANY [VEPCO]; and, EXECUTE the necessary Easement Agreement L3. Ordtnances to AUTHORIZE temporary encroachments tnto porttons of Ctty-owned properttes: Sandbrtdge Shores by JULIO and EBBIE CABRAL construct a new pier and access to replace a deteriorated structure at 2864 Bluebtll Drtve (DISTRICT 7 - PRINCESS ANNE) Back Bay Meadows by JOHN E. and A UDREYD. SETTLE construct and maintain a wharf at 295 7 Sand Bend Road (DISTRICT 7 - PRINCESS ANNE) L4 Ordinance to AUTHORIZE acqmsttion of temporary and permanent easements for the PEMBROKE MANOR storm water upgrade at Independence Boulevard and Jeanne Street, by agreement or condemnatton November 12, 2002 -I6- AGENDA RE VIE W SESSION ITEM # 503 76 (Continued) 15 16 17 Or&nance to AUTHORIZE the Memorandum of Understandtng and Operatmg Agreement between the Ctty and VIRGINIA MUSEUM of MARINE SCIENCE FOUNDATION Resolutton to ESTABLISH the Ctty Counctl's relattonshtp wtth VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORA TION (VBCDC) Or&nance to AUTHORIZE a thtrd supplement to the Development and Post-Clostng Escrow Agreements ("the Supplemental Documents ")for the Town Center proJect 18 19 Or&nance to APPROPRIATE a total of $1 O, 397, 000 in FY2001-2002 School Reverston Funds $& 8-Million: (1) $3,000,000 (2) $2,000,000 (3) $3,200,000 (4) $ 400,000 (5) $ 200,000 FY 2002-2003 School Capital Budget Telecommumcatton Infrastructure Replacement Instructtonal Technology Equipment and Vehtcle Replacement Student Data Management System Landstown Htgh School~Princess Anne Road Pedestrtan Brtdge $1,597,000: (1) $1,400,000 (2) $ 197,000 Instructional Category SOL Incenttve Program Athlettc equtpment Ordtnance to APPROPRIATE a grant of $15, O00 from the FRANCIS LAND HOUSE TRUST FUND to FY 2002-2003 operating budget of the Department of Museums and Cultural Arts re support for programs, events, exhtbtts and general operattng expenses at the Francts Land House and Adam Thoroughgood House Item L l.a. DEFER, BY CONSENT, until the City Council Session of December 10, 2002 Item LS. ADOPT, AS AMENDED, BY CONSENT Item L 7 ADOPT, AS REVISED, BY CONSENT Vice Mayor Jones will ABSTAIN on Item L 7. Item L9 DEFER, BY CONSENT, until the City Council Session of November 26, 2002. Council Lady McClanan will vote NAY on Item 1.9. November 12, 2002 -17- ,4 GENDA RE VIE W SESSION ITEM # 503 77 J1 Vartance to Sustatn 4 4 Subdtvtston Or&nance that reqmres all newly created lots meet the requtrements of the Ctty Zontng Or&nance (CZO) for FOUR PINES ASSOCIATES, L.L.C. at the southwest tntersectton of West Great Neck Road and Adam Keehng Road, contatntng 40 46 acres (DISTRICT 5 - LYNNHA VEN) Stephen Whtte, Plantng, advised the apphcant has requested an INDEFINITE DEFERRAL. ITEM # 503 78 J2 Petttton re the dtsconttnuance, closure and abandonment of a porttons of certatn streets DEMERTRIOUS KOULOUKIS for Admiral Wright Boulevard on the east side of Euchd Street, south of Vtrgtnta Beach Boulevard, contatntng 15,111 square feet (DISTRICT 2 - KEMPSVILLE) Thts ttem wtll be DEFERRED, BY CONSENT, until the City Council Session of November 26, 2002. ITEM # 503 79 J2 Petttton re the dtsconttnuance, closure and abandonment of a porttons of certam streets UNITED JEWISH FEDERATION of TIDEWATER re EXTENSION of time for comphance [approved November 27, 2001, wtth ntne condtttons] for ·Morrts Avenue ·Katte Brown Drtve Mayor Oberndorf advtsed the apphcant has requested extension for comphance for 90 days to March 26, 2003 ITEM # 50380 J4 Apphcatton of THAO L. NGUYEN for a Conditional Use Permtt re a church at the east stde of Prtncess Anne Road, south of Green Meadows Drtve, contatntng 1 acre (DISTRICT 2 - KEMPSVILLE) Ifa stgn ts gotng to be tnstalled, Counctl Lady McClanan requested an addtttonal condttton The stgn shall be monument t_¥pe of stmtlar butldmg matertals tn accordance wtth the Ctt¥'s stgn ordtnance ITEM # 50381 ,17 Apphcatton of PRINCESS ANNE COUNTRY CLUB fora Condtttonal Use Permtt re a golf cart storage facility on the northeast corner of Holly Road and Ltnkhorn Drive, contatmng 16, 988 square feet (DISTJ',JCT 5 - L I?,?4IIA VEN) (DISTRICT 6- BEA CH) Counctlman Wood advtsed thts apphcatton ts tn the Beach Dtstrtct The Ctty Attorney advtsed Counctl Lady Wtlson, even though she ts a member of the Club, she could parttctpate tn the dtscusston and vote This ts asoctal club and she does not recetve any benefit or detrtment November 12, 2002 -18- AGENDA RE VIE W SESSION ITEM # 50382 J8 Apphcatton of JANICE L. ROWLEY for a Con&ttonal Use Permtt re a recreattonal use of an outdoor nature (skateboard ramp)on Summerset Lane south of New Castle Road (808 Summerset Lane), and contaimng 15,225 square feet (DISTRICT 5 - L YNNHA VEN) Thts stem will be dtscussed tn Formal Sesston ITEM # 50383 ,19 Apphcatton of TRITON PCS, Inc for a Condtttonal Use Permtt re a monopole and stadium light on northwest corner of North Great Neck Road and Shorehaven Drtve (2425 Shorehaven Drtve) and, contatntng 49 995 acres (j.~/ ~r'~ T P,"~ I'b T /'"~ '"I~ '9 Tb /'~ ~"~ ~ T T J T T ~ o~.~ · ~ - ~,~o~ ~.~/ (DIST~CT 5 - L~NHA VEN) Counctl Lady McClanan advtsed thts apphcatton ss not tn Rose Hall, but ss tn the Lynnhaven Dtstrtct ITEM # 50384 B Y CONSENSUS, thefollowtng shall compose the CONSENTAGENDA J1 Vartance to Sustatn 4 4 Subdtvtston Or&nance that requtres all newly created lots meet the requtrements of the Ctty Zontng Ordinance (CZO)for FOUR PINES ASSOCIATES, L.L.C. at the southwest tntersectton of West Great Neck Road and Adam Keehng Road, contatntng 40 46 acres (DISTRICT 5 - L YNNHA VEN) J2 Pettttons re the &sconttnuance, closure and abandonment of a porttons of certatn streets DEMERTRIOUS KOULOUKIS for Admiral Wright Boulevard on the east stdeof Euchd Street, south of Virginia Beach Boulevard, contatntng 15,111 square feet (DISTRICT 2 - KEMPSVILLE) DAKOTA ASSOCIATES, LLC to MODIFY the closed area (approved August 27, 2002 wtth five condmons) re Joseph Place. north of Maple Lane (DISTRICT O- BEACH) UNITED JEWISH FEDERATION of TIDEWATER re EXTENSION of trine for comphance [approved November 2 7, 2001, wtth ntne condtttons] for ·Morrts Avenue ·Katte Brown Drtve J3 Apphcatton of CHARITY UNITED METHODIST CHURCH re a Condtttonal Use Permtt for a church expansion and preschool at Chartty Neck and Gum Brtdge Roads (4080 Chartty Neck Road), contatntng 3 58 acres (DISTRICT 7- PRINCESS ANNE) J4 Apphcatton of THAO L. NGUYEN for a Condtttonal Use Permit re a church at the east stde of Prtncess Anne Road, south of Green Meadows Drtve, contatntng 1 acre (DISTRICT 2 - KEMPSVILLE) November 12, 2002 - 19- AGENDA RE VIEW SESSION ITEM # 50384 (Continued) J5 J6 J7 Apphcatton ofNEWLIFE PRESBYTERIAN CHURCH for a Condtttonal Use Permtt for expanston on the west stde of Dam Neck Road, north of Monet Drtve (3312 Dam Neck Road) contatntng 6 3 acres (DISTRICT 3 - ROSE HALL) Apphcatton of A. J. VENTURES, INC for a Conchttonal Use Permit re a carwash, at Shore Drtve west of Treasure Island Drtve (435 7 Shore Drtve) contammg 34, 630 square feet (DISTRICT 4 - BA YSIDE) Apphcatton of PRINCESS ANNE COUNTRY CLUB for a Con&tional Use Permtt re a golf cart storage facility on the northeast corner of Holly Road and Lmkhorn Dr~ve, containing 16,988 square feet (DISTRICT 5 - (DISTRICT 6- BEACH) J9 Apphcatton of TRITON PCS, Inc for a Condtttonal Use Permtt re a monopole and stadium light on northwest corner of North Great Neck Road and Shorehaven Drtve (2425 Shorehaven Drtve) and, contamtng 49 995 acres j.T%T O ~T~ ~t T [-~ ~I~ T~ ~ ~ ~. Y T ~ T T ~ ~/ (DIST~CT 5 L~NHAVEN) Item J. 1: DEFER INDEFINITEL Y, B Y CONSENT. Item J. 2a: DEFER, BY CONSENT, until the City Council Session of November 26, 2002 Item J. 2c: APPROVE, BY CONSENT, FOR EXTENSION OF NINETY (90) DAYS FOR COMPLIANCE. Item ,I. 4.: APPROVE, BY CONSENT, with additional condition. November 12, 2002 - 20 - CITY COUNCIL COMMENTS 4:35 P.M. ITEM # 50385 Counctl Lady McClanan referenced Police Officer Johnson, who was tnvolved tn an acctdent His fellow pohce officers wtsh to asstst btm She asked the Ctty Manager for a status report The Ctty Attorney advised the Ctty Manager thts ttem can not be &scussed tn Closed Sesston The City Council does not appotnt thts official The Ctty Manager dtstrtbuted correspondence relattve thts ttem. ITEM # 50386 Counctlman Vtllanueva referenced correspondence relattve the proposed questionnaire to be submitted to the Kempsville District applicants to whtch they wtll each respond tn wrttten form Counctlman Vtllanueva requested each Member of Ctty Council provtde proposed questtons to him by Wednesday, November Thtrteenth, tn order for btm to assemble the questtonnatre and have the City Clerk dtstrtbute same to the declared can&dates ITEM # 5038 7 Mayor Oberndorf advtsed, based on the voter turnout relattve the Referendum, the Ctty of Rtchmond has forwarded a request to the General Assembly re Counctlmamc electrons to take place on the first Tuesday tn November Mayor Oberndorf agatn requested the Ctty staff to prepare Or&nance to amend the City Code relattve electrons Mayor Oberndorf dtstrtbuted coptes of the newspaper arttcles from the Rtchmond Ttmes Dtspatch and her proposed ordinance for Ctty Counctl's revtew Ordinance to add sectton 2-15 of the Ctty Code to provtde for Mayoral, Ctty Councd and School Board electrons to take place on the Ftrst Tuesday tn November ITEM # 50388 Mayor Oberndorf referenced the selectton of the Vtce Mayor and read the "ground rules" The Chatr wtll call for nomtnatzons from the floor (Ctty Counctl) When a name ts placed tn nomtnatton, no second ts requtred When tt appears no one else wishes to make a further nomtnatton, the Chatr wtll ask if there are any further nomtnattons If there ts no response, the Chatr wtll declare the Nomtnattons CLOSED. The Nomtnees will be voted upon tn the order nomtnated As soon as one of the Nomtnees recetves a majortty vote (meantng slx (6) votes), the Chatr wtll declare that Nomtnee to be elected and no further votes wtll be taken ITEM # 50389 Counctlman Reeve advtsed the Virginia Beach Transition Area Technical Review Committee dtd not meet on Monday, November 11, 2002 (VETERANS' DA Y) The next meettng ts scheduled for November 18, 2002 ITEM # 50390 Counctlman Reeve advised he had prevtously referenced the tssue at Sandbridge relative the BMP's constructed for stormwater management Correspondence from ctttzens has been forwarded to the Mayor and the Ctty Manager relattve thetr concerns Counctlman Reeve has spoken with E Dean Block, Dtrector of Pubhc Works, who has agreed to reevaluate these BMP's to attempt to find a solution whtch wtll appease the restdents from an aesthettcs and safety standpoint November 12, 2002 - 21 - CITY COUNCIL COMMENTS ITEM # 50391 Counctlman Reeve advised last Frtday, November 8, 2002, five members of City Counctl went to Phtladelphta and Charlotte to tour their Convention Centers This was an enhghtemng and educattonal trip On Wednesday, November 13, 2002, Counctl Members Eure, Maddox and Reeve wtll fly to Chtcago to meet with Skidmore, Owings & Merrill LLP (SOM) and tour the McCormick Center These VlSttS wtll definttely assist tn the final dehberatzon relative the Conventton Center Mayor Oberndorf dtstrtbuted a copy of the Travel Policy and an ordinance to establish a reimbursement Policy for in-city travel and meal expenses incurred by Members of City Council (adopted June 2, 1992) There has been no formal process at thts time by which the City Council has etther approved or &sapproved travel The Ctty Counctl has only been the recipients of the announcements of travel The Ctty Attorney dtstrtbuted correspondence advtstng that due to the fact that more than two (2) members are travehng, thts constitutes a "meettng" and he was unable to make the proper nottficatton for thts trtp The City Attorney requested thts trtp be rescheduled The statue requtres nottce of three (3) worktng days for any meettng of 3 or more members of City Counctl Counctlman Reeve advtsed the ttckets have been purchased and are non-transferrable and non-refundable. If at least two members do not make the trtp, the funds wtll be lost Counctlman Maddox, advtsed the tnvttatton was extended by SOM James Rtcketts, Admtntstrator - Conventton and Vtsttor Development, ts tn Chtcago Counctlman Maddox advtsed a transportation consultant wtll also be present Counctlman Maddox beheves attendance to be vttal Counctl Lady Eure advtsed, tf Counctl Members Reeve and Maddox wish to be the representattves, she wtll be pleased to dechne Mayor Oberndorf requested the representattves of SOM be present for a Brtefing relattve the Conventton Center durtng the Ctty Counctl Workshop on November 19, 2002 November 12, 2002 ~ 23 - ITEM # 50393 Mayor Oberndorf entertained a motton to permtt Ctty Councd to conduct tts CLOSED SESSION, pursuant to Section 2 1-344(A), Code of Vtrgmta, as amended, for the followmg purpose PERSONNEL MATTERS Dtscusston, consideration or tntervtews of prospecttve can&dates for employment, asstgnment, appointment, promotton, performance, demotion, salartes, &sczplmmg, or resignation of specific pubhc officers, appmntees, or employees pursuant to Section 2 2-S71 ~ (A) To Wit Appotntments Boards and Commtsstons Parks and Recreatton Commtsston Planntng Commtsston Resort Advtsory Commtsston PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the acqmsmon of real property for a pubhc purpose, or of the disposmon of pubhcly-held real property, where dtscusston tn an open meettng would adversely affect the bargatntng positron or negottattng strategy of the pubhc body pursuant to Sectton 2 2-3711(A)(3) Dtsposttton of Property -Prtncess Anne Dtstrtct LEGAL MA TTERS Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertatmng to actual or probable httgatton, or other spectfic legal matters requtrtng the provtston of legal advtce by counsel pursuant to Sectton 2 2-3771(A)(7) Ctty of Vtrgtma Beach v F Wayne McLeskey, Jr Upon motton by Councdman Jones, seconded by Councdman Maddox, Ctty Councd voted to proceed tnto CLOSED SESSION. Vottng 10-0 Councd Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Councd Members Absent None (5:08 P.M. - 6:00 P.M.) November 12, 2002 - 24 - FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL November 12, 2002 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Butldtng, on Tuesday, November 12, 2002, at 6. O0 P M Counctl Members Present Margaret L Eure, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter Il; Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Absent None INVOCATION Counctlman Louts R Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA November 12, 2002 Rem ~E - 25 - CERTIFICATION OF CLOSED SESSION ITEM # 50394 Upon motton by Counctlman Wood, seconded by Councilman Jones, Ctty Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc business matters lawfully exempted from Open Meettng requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch thts certtficatton resolutton apphes, AND, Only such pubhc business matters as were tdenttfied tn the motton convemng the Closed Sesston were heard, dtscussed or constdered by Vtrgtnta Beach Ctty Council Voting 10-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Vottng Nay None Counctl Members Absent None November 12, 2002 I OUR Nh RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virgima Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 50393, page 23, and ~n accordance w~th the prov~slons of The Virginia Freedom of Information Act, and, WHEREAS Section 2 2-3 711(A) of the Code ofV~rglnla reqmres a certification by the governing body that such Closed Session was conducted in conformity with Vlrglma law NOW, THEREFORE, BE IT RESOLVED' That the Virginia Beach City Council hereby certffies that, to the best of each member's knowledge, (a) only pubhc bus~ness matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which th~s certification resolution applies; and, (b) only such public business matters as were identified ~n the motion convening this Closed Session were heard, discussed or considered by Vlrglma Beach C~ty Council. _~.ff[h Hodges SC~th, MMC City Clerk November 12, 2002 - 26- Item V-F. 1. MINUTES ITEM # 50395 Upon motton by Councd Lady Wdson, seconded by Councilman Reeve, City Council APPROVED the Mmutes of the INFORMAL AND FORMAL SESSIONS of November $, 2002. Vottng 10-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Voting Nay None Counctl Members Absent None November 12, 2002 -27- Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 50396 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION November 12, 2002 - 28 - Item V-H. PUBLIC HEARING ITEM # 5039 7 Mayor Oberndorf DECLARED A PUBLIC HEARING Conveyance of City's Utility Easements - Indian River Road and Lila Lane There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. November 12, 2002 Item V-L - 29- ORDINANCES/RES OL UTIONS ITEM # 50398 Upon motion by Councilman Jones, seconded by Council Lady Wtlson, City Counctl APPROVED IN ONE MOTION Items la (DEFERRED) lb/c 2,3a/b, 2 a, 3, 4, 5 (AMENDED), 6, 7 (REVISED), 8 and 9 (DEFERRED) of the CONSENT AGENDA Item la was DEFERRED B Y CONSENT, unttl the City Council Session of December 10, 2002. Voting 10-0 (By Consent) Counctl Members Voting Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wdson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None Counctlman Jones DISCLOSED and ABSTAINED (Item L 7 (Town Center), as he has an ownershtp mterest tn Resource Bank, whtch exceeds three percent (3%) of tts total equtty Resource Bank has entered tnto a Parttctpatton Agreement wtth Monarch Bank for a line of credit to Armada Hoffler Properttes It ts hkely that Armada Hoffler Properttes wtll manage the Town Center for the project's Developer, Town Center Assoctates Also, Resource Bank ts tn negottatton to lease a new butlchng at the Town Center Counctl Lady McClanan voted a VERBAL NAY on Item L 9. (Adam Thoroughgood House) November 12, 2002 - 30- Item V-I.I.g ORDINANCES/RES OL UTIONS ITEM # 50399 Upon motton by Councdman Jones, seconded by Councd Lady Wdson, Cay Councd DEFERRED to the City Council Session of December 10, 2002. Ordtnances to AMEND the Ctty Code a Tax revtstons (1) Receipt and collectton of meal taxes (2) Admtsston and lodgtng taxes (3) New penalty and tnterest provtstons for these taxes Voting 10-0 (By ConsenO Councd Members Votmg Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Councd Members Absent None November 12, 2002 Item V-l.l.b?c. -31 - ORDINANCES/RESOL UTIONS ITEM # 50400 Upon motton by Counctlman Jones, seconded by Counctl Lady Wilson, Ctty Councd ADOPTED: Or&nances to AMEND the Ctty Code b ~ 6-8 re the use of wheeled devtces with a wheel chameter of less than twelve (12) inches on any dune cross-over ttmber walkways located at the beach accesses between 59'h and 89tn Streets c ADD 3g 21-321 2 re maxtmum speed hmits withtn destgnated netghborhoods (traffic calmtng) · Melbourne Manor Davts Street · Lake dames Lake dames Drtve Vottng 10-0 (By Consent) Counctl Members Votmg Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None November 12, 2002 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE TO ADD A NEW SECTION TO THE CITY CODE PERTAINING TO MAXIMUM SPEED LIMITS IN DESIGNATED NEIGHBORHOODS SECTION ADDED' 21-321.2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows- Sec. 21-321.2. Traffic Calming v~a Maximu~n speed limits in certain residential d~stricts; penalty. Pursuant to section 46.2-878.2 of the Code of Virginia, any person who operates a motor vehicle in excess of the maximum speed limit established for any portion of the following highways located within the designated neighborhoods, on or after the effective date, shall be guilty of a traffic infraction punishable by a non-prepayable fine of not more than $200, in addition to other penaltzes provided by law: 20 21 22 23 24 25 26 27 28 Effective as of February 12, 2001: 1. L & J Garden: Norwich Avenue; Tajo Avenue; Fairlawn Avenue; Dulcze Avenue. 2. Acredale: Andover Road; Langston Road; Bonneydale Road; Olive Road, Alton Road; Old Kempsville Road. 3. Lake Shores: Jack Frost Road; Lake Shores Road. 4. Little Neck: Harris Road. 29 30 31 Effective as of August 14, 2001' 1. Lake Shores- Oak Leaf Lane, Tern Road; Lake Road S; Regina Lane; Meredith Road, School Road, Mosby Road, 10 11 12 AN ORDINANCE TO ADD SECTION 6-8 TO THE VIRGINIA BEACH CODE PERTAINING TO USE OF WHEELED DEVICES WITH A WHEEL DIAMETER OF LESS THAN TWELVE (12) INCHES ON DUNE CROSS-OVERS SECTION ADDED' 6-8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That Section 6-8 of the Code of the City of Virginia Beach, Virginia, is hereby added to read as follows- Sec. 6-8. Use of wheeled devices w~th a wheel diameter of less than 13 14 15 twelve (12) ~nches on dune cross-overs. (a) It shall be unlawful at any time for any person to use any wheeled device with a wheel diameter of less than twelve (12) 16 17 18 19 20 21 inches on any of the dune cross-over timber walkways located at the beach accesses between 59th Street and 89th Street. (b) The provisions of this section shall not be applicable to the use of wheelchairs for the transportation of disabled persons, the use of baby carriaqes, strollers or related modes of transportation for infants, or waqons or other cart-like devices. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of November, 2002. CA-8575 ORDINkPROPOSEDk06-008ord.wpd RI - October 23, 2002 OCT--11--0~ 0~ :40 ~M ~. K. tlILLI~M~ ~ CO. 7574~17142 P. 02 take two months or more to get on thc agenda and another couple; of we;ks to schedule the work. The ear wash payment is $2,700.00 per month and the lost car wash sales are at least $10,000 00 per month The gasoline sa]es are down tremertdously due to no ear wash. In June, July, and August our net loss was $31,000.00. C'ur September loss will be about $9,100.00. I am going to have to close the t;tore next week if I can't find some way to solve this nightmare. The pluses for the city are many; a nice, clean facility for the residents of%rginia Beach to buy their fuel, We have invested $632,000.00 in this p~operty and are literally on the verge of losing everything. The net revenue loss monthlylby not having our car wash open is at least $6,000.00. Plea ' se try tn some way to .help mc. John Richardson saic~ that he could file an injunction and get before a judge tn three to four weeks. He felt ~hat since there was no problem with the easement, thc judge would probably order the ~ity to grant thc casement without C~ty Council approval. I It just seems as though, somehow, there has to be an easi, on Friday and see if you have any thoughts that might help me i~ certainly call me on my cell phone at 477-6532 or my home at 41 Thank you for taking the time to read this. :r way. I will call you this matter or you can ~2-0555. Yours truly, m Thomas Owg -2---net, Indian River Citgo REQUESTED BY COUNCILMEMBER EURE ORDINANCE AN ORDINANCE AUTHORIZING THE CITY MANAGER TO CONVEY A 200 SQUARE FOOT UTILITY EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY WHEREAS, the C~ty of V~rg~n~a Beach (the "C~ty") ~s the owner of a certain parcel 2 of real property located off Indian R~ver Road and L~la Lane ~n the C~ty of V~rg~n~a Beach, 3 V~rg~n~a, designated as GPIN 1465-28-9376 and containing approximately 0 037 acres (the "Property") as shown on Map Book 152, at page 54, WHEREAS, V~rg~ma Electnc and Power Company (the "Company") ~nstalled a three- phase power facd~ty (the "Facility") upon the Property on or before July, 1985 to provide electrical power to the Property and adjacent properties, WHEREAS, the Company desires to provide electncal power from the Facd~ty to a 9 parcel of real property adjacent to the Property designated as Parcel B GPIN 1465-28- 9458, located on 5337 Indian R~ver Road, and more commonly known as the" Indian River 11 CITGO"; 12 WHEREAS, ~n order to provide electrical power from the Facdity to the Indian River 13 CITGO, the Company must obtain a 5' by 40' utility easement (200 square feet)("the 14 Easement") from the C~ty; and 15 WHEREAS, C~ty staff has determined that the conveyance of the Easement ~s 16 appropriate, will not be detrimental to the C~ty's future use of the Property, and w~ll allewate 17 an undue hardship upon the owner of the Indian R~ver CITGO 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA 2O That the C~ty Manager ~s authorized to convey to V~rgima Electric and Power 21 Company a 200 square foot ubhty easement 5 feet ~n width and 40 feet in length in 2 2 accordance w~th Easement Agreement attached hereto 2 3 This ordinance shall be effecbve from the date of ~ts adoption 24 Adopted by the Council of the City of V~rg~n~a Beach, V~rgima, on the 12. day of 25 Nov~.mb~r , 2002 26 27 CA- 8614 PREPARED 10/23/02 28 Approved as to Content 30 ent of Public Works Approved as to Legal Sufficiency City At~orney~ Prepared by VIRGINIA ELECTRIC AND POWER COMPANY THIS AGREEMENT, made this ~-~~tay of ~~o~ , 20~ between THE CITY OF VIRGINIA BEACH, a Vn'glma municipal corporation, hereinafter called "Owner", GRANTOR, and VIRGINIA ELECTRIC AND POWER COMPANY, a Vtrginia Corporation, hereinafter called "Company", GRANTEE. WITNESSETH: That for the sum of One Dollar ($1.00), and other valuable considerations, the receipt whereof is hereby acknowledged, Owner grants unto Company and its successors, the perpetual right, privilege and easement of right of way five (5) feet in width by forty (40) feet in length, approximately 200 square feet m area, to lay, construct, operate and maintain one or more lines of underground conduits and cables, as Company may from tune to time deem expedient or advisable, located on the right of way hereinafter described, for the purpose of transmitting and distributing electric power by one or more circuits; together with all wires, conduits, cables, transformers, transformer enclosures, concrete pads, manholes handholes, connection boxes, ground connections meters, attachments, equipment, accessories and appurtenances desirable in connection therewith (hereinafter referred to as "facilities"), over, under, across and through certain lands of Owner situated in The City of Virginia Beach, Virginia, as shown on plat number 25-02- 0176 showing a five (5) feet in width by forty (40) feet in length, approximately 200 square feet in area, easement to be acquired by Dominion Virginia Power from the City of Virginia Beach. This easement ties into R/W 39227 (copy attached). Owner also grants unto Company and its successors, the perpetual right, privilege and easement of right of way five (5) feet in width and forty (40) feet in length, approximately 200 square feet in area, to construct, operate and maintain a pole line for transmitting and distributing electric power, including all wires, poles, attachments, ground connections, equipment, accessories and appurtenances desirable in connection therewith (hereinafter referred to as "facilities"), and lnclu&ng all telephone wires, over, upon and across the land of Owner situated in the City of Virginia Beach, Virginia, as shown on plat number 25-02-0176, hereto attached and made a part of this agreement; the location of the boundary lines of said right of way being shown ~n broken lines on said plat. The facihties erected hereunder shall remain the property of Company. Company shall have the right to inspect, rebuild, remove, repair, improve, relocate on the right of way described above, and make such changes, alterations, substitutions, additions to or extensions of its facilities as Company may from time to time deem advisable. Company shall at all times have the right to keep the right of way clear of all buildings, structures and other obstructions (except fences), trees, roots and undergrowth. Company shall promptly remove from the right of way any trash or debris resulting from the exercise of the rights hereby granted. All trees and hmbs cut by Company at any time shall remain the property of Owner. GPIN ]465-28-9376 For the purpose of constructing, inspecting, maintaining or operating ~ts facilities, Company shall have the right of ingress to and egress from the fight of way over the lands of Owner. Company shall exercise such right in such manner as shall occasion the least practicable damage and inconvenience to Owner. Company shall repair damage to roads, fences or other improvements and shall pay for all other damage when such damage results from the construction, inspection or maintenance of Company's facilities, provided Owner gives written notice thereof to Company within sixty (60) days after such damage occurs. Owner, its successors and assigns, may use the fight of way for any purpose not inconsistent with rights hereby granted, provided such use does not interfere with or endanger the construction, operation and maintenance of Company's facilities and prowded that not buildings, structures, or other obstructions (except fences) may be constructed on the right of way. It is further understood and agreed between the parties that: The rights granted herein to Company are non-exclusive and Owner shall at all t~mes have the right to make or grant such other use of the easement area as shall not be inconsistent with the exercise by Company of the rights and privileges granted to it hereunder. The easement hereby granted is subject to existing rights, if any, of third persons to the extent that such rights are of record so as to constitute constructive notice to Company. If Company shall discontinue the use of the easement area all rights granted hereby shall cease and terminate, and upon demand of Owner, Company will at its cost and expense remove its facilities from the easement area and restore the land to substantially the condition in which it was at the time when the easement was granted. Upon demand by Owner, and upon the granting to Company of an equivalent right of way in a reasonably practicable location, Company will, at its own expense, relocate its facilities upon such right of way, whereupon all rights hereby granted in respect of the vacated portion of the fight of way herein described shall cease and terminate. NOTICE TO LANDOWNER: You are conveying rights to a pubhc service corporation. A public service corporation may have the right to obtain some or all of these fights through exercise of eminent domain. To the extent that any of the rights being conveyed are not subject to eminent domain, you have the fight to choose not to convey those rights and you could not be compelled to do so. You have the right to negotiate compensation for any rights that you are voluntarily conveying. IN WITNESS WHEREOF, Grantor has caused its name to be signed hereto by its C~ty Manager/Authorized Designee of the C~ty Manager and its corporate seal to be affixed and attested by its ., as of the day and year first above written, and Grantee has caused its name to be signed hereto by its Vice President/Authorized Designee of the Vice President, as of the day and year first above written. THE CITY OF VIRGINIA BEACH By: City Manager/Authorized Designee Of the City Manager ATTEST: VIRGINIA ELECTRIC AND POWER COMPANY By: '~~~ . Vice President/Authorized Designee of the Vice President STATE OF VIRGINIA City of Virginia Beach, to wit: I, , a Notary Public in and for the State of Vu'gmla at Large, whose commission expires , do hereby certify that and , whose names are s~gned to the foregoing writing dated the day of 20 , as City Manger/Authorized Designee of the City Manager and City Clerk' respectively, of The City of Vtrginia Beach, who are personally known to me or have shown proper identification to prove their identity, have acknowledged the same before me on this day of ., 20 , in the City and State aforesaid. -APPROVED AS TO CO',,iTEN'i' .~ . $IGI',tATU RE DEPARTMENT Notary APPROVED AS TO LEGAL SUFFICIENCY STATE OF VIRGINIA City of ~)C~K--kS~h~'X, to wit: I ,~~ k'~ a No ~~a&.~ , [ag3' .Pu.b. lic in and for the State of Vn'ginia at Large, whose.~ commission_ expires '~x\{b~ , do hereby certify that ~,,..~'4e.xN 1~. ~ , whose name is signed to the foregmng writing dated the ~__~ day of ~~e.~ , 20~ as Vice President/Authorized Designee of the Vice President of Virginia Electric and Power Company, has acknowledged the same before me on this ~ day of ~ ,20~ in the City and State aforesaid. Notary Pubhc PARCEL B (;PIN: 1465-28-9458 GPIN: 1465-28-9265 ,~/ %~. // . ~ .._,,,~~ // PARCEL C-1 ~ ~5~" ..... //~[ (;PIN: 1465-58-0598  ~' ~" EXHIBIT A PROPERTY OF: CITY OF VIRGINIA BEACH INITIALS' 5'W X 4-O'L 200 SQUARE FEET IN AREA TO BE ACQUIRED FROM THE CITY OF VIRGINIA BEACH MB. 0171 P. 54 Legend Locabon of Boundary Lines of R~ght-of-Way 5' X 40' Page 5 of 5 Plat to Accompany Right-of-Way Agreement VIRGINIA ELECTRIC AND POWER COMPANY doing business as Dominion Virginia Power OH/U(; District VA BEACH District-Township-Borough County-City State KEMPSVILLE VA BEACH VA Office Plat Number VA BEACH 85-08-0176 Estimate Number Grid Number 5119548 N0714 Dote By M/L 208V 3~ 200A PS 1 N0714 SE05 300kVA 3~ 208V INS: LT340 EXHIBIT "B" CONSTRUCTION PLAT Voltage:208 Amps: 200 Phase: 5 Drawn By: PROCH IPhone No.: 671--5412 Est. Demand: 29 IVoltage Drop: <3% Tax DSstrict: 23000 I M!ss "U" 552-7001 Fault Current: 10656 S.A. Flicker:. Easement No.: 25-02-0176 Tele. Co.~ Sponsor: Address: 5337 INDIAN RIVER RD. Tele. Eng: IPhone No.: VA BEACH, VA TRS. ~ 395 F 25 ~Substation: THOMPSONS CRNR Work Request ~ 5119548 IDote 8/27/02 .... CITY-OWNED PROPERTY LOCATED OFF OF INDIAN RIVER ROAD AND LILA LANE Picture #1 View of City site facing northeast. Picture #2 View of City site facing northwest. See location map for direction of pictures SITE j/ LOCATION MAP SCALE: 1" = 1,600' /,,,~ / · PUMP. DGN MJ.S. GPIN 465.28.9376 PROPOI - ~ ~ 5'x40' ~ 1U~~ ..~ EASEMENT E-~CATION MAP SHOWING CITY OWNED PROPERTY AT REAR OF 33 7 INDIAN RIVER ROAD PREPARED BY P/W ENG. CADD DEPT. OCTOBER 24, 2002 - 33 - Item V-L3. a. ORDINANCES/RES OL UTIONS ITEM # 50402 Upon motton by Councdman Jones, seconded by Counctl Lady Wdson, Ctty Counctl ADOPTED: Ordtnance to AUTHORIZE temporary encroachments tnto porttons of Ctty-owned properttes a Sandbrtdge Shores by JULIO and EBBIE CABRAL construct a new pier and access to replace a deteriorated structure at 2864 Bluebdl Drtve (DISTRICT 7 - PRINCESS ANNE) The followtng conchttons shall be required The temporary encroachment wtll be constructed and matntatned tn accordance with the laws of the Commonwealth of Vtrgtnta and the Ctty of Vtrgmta Beach, and tn accordance wtth the Ctty's spectficattons and approval The temporary encroachment shall termtnate upon nottce by Ctty to the Grantee, and that wtthtn thtrty (30) days after the nottce ts gtven the temporary encroachment must be removed from the encroachment area by the Grantee, and that the Grantee will bear all costs and expense of such removal The apphcant shall tndemntfy and hold harmless the Ctty, tts agents and employees, from and agamst all clatms, damages, losses and expenses, tncluchng reasonable attorney's fees, tn case tt shall be necessary to file or defend an actton artstng out of the locatton or existence of the temporary encroachment Nothtng heretn contatned shall be construed to enlarge the permtsston and authority to permtt the matntenance or construction of any encroachment other than that specified heretn and to the hmtted extent spectfied heretn, nor to permtt the maintenance and construction of any encroachment by any one other than the Grantee 5 The apphcant agrees to matntatn the temporary encroachment so as not to become unsightly or a hazard The apphcant shall obtatn a permtt from the Waterfront Operattons Dtvtston of the Planntng Department prtor to commenctng any constructton wtthtn the encroachment area The apphcant must obtatn an approved Jotnt Permtt Apphcatton from the Waterfront Operattons Dtvtston of the Planntng Department before commencing any constructton wtthtn the encroachment area The apphcant shall obtain and keep tn force all-rtsk property msurance and general habthty msurance or such tnsurance as ts deemed necessary by the City, and all tnsurance pohctes must name the Ctty as addtttonal named tnsured or loss payee, as apphcable The Grantee also agrees to carry comprehenstve general habthty insurance tn an amount not less than $500,000 00, combtned stngle hmtts of such tnsurance pohcy or pohctes The Grantee wtll provide endorsements provtchng at least thtrty (30) days written nottce to the Ctty prtor to the cancellatton or termtnatton of, or matertal change to, and of the tnsurancepohctes The Grantee assumes all responstbthttes and habthttes, vested or conttngent, wtth relatton to the temporary encroachment November 12, 2002 - 34- Item V-I.3. a. ORDINANCES/RESOLUTIONS ITEM # 50402 (Continued) 9 The apphcant must conform to the mtntmum setback reqmrements as estabhshed by the Ctty 10 The apphcant must submtt, for revtew and approval, a survey of the encroachment area certtfied by a registered professtonal engineer or a hcensed land surveyor, and/or "as butlt" plans of the temporary encroachment sealed by a regtstered professtonal engtneer, tf requtred by etther the Ctty Engtneer's Office or the Engtneertng Dtvtston of the Department of Pubhc Utthttes 11 The Ctty, upon revocation of such authortty and permtsston so granted, may remove the temporary encroachment and charge the cost thereof to the Grantee and collect the cost tn any manner provtded by law for the collectton of local or state taxes, may reqmre the Grantee to remove the temporary encroachment and, pending such, removal, the Ctty may charge the Grantee for the use of the encroachment area the equtvalent of what would be the real property tax upon the land so occupted tf tt were owned by the Grantee, and, tf such removal shall not be made wtthtn the ttme ordered heretnabove by thts Agreement, the City may tmpose a penalty tn the sum of One Hundred Dollars ($100 00) per day for each and every day that the temporary encroachment ts allowed to conttnue thereafter, and may collect such compensatton and penalties tn any manner provtded by law for the collectton of local or state taxes Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None November 12, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S PROPERTY KNOWN AS BASS INLET EAST BY JULIO CABRAL AND DEBBIE CABRAL, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, JULIO CABRAL and DEBBIE CABRAL, desire to construct and maintain a pier and access upon the City's property located at Bass Inlet East in Sandbridge Shores. WHEREAS, City Council is authorized pursuant to §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachment upon the City's property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, JULIO CABRAL and DEBBIE CABRAL, their heirs, assigns and successors in title, are authorized to construct and maintain a temporary encroachment for a pier and access upon the City's property as shown on that certain plat entitled: "PROPOSED PIER IN NORTH BAY (SANDBRIDGE) VIRGINIA BEACH, VA. APPLICANT: JULIO CABRAL", a copy of which is on file in the Department of Public Works to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and II II JULIO CABRAL and DEBBIE CABRAL (the Agreement ), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as JULIO CABRAL and DEBBIE CABRAL and the City Manager or his authorized designee execute the Agreement. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of November , 2002. 39 40 41 42 CA#- TKENN\ENCROACH\CABRAL-B ORD R-1 PREPARED: 8/20/02 APPRaiSED AS TO CONTENTS c./ SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND CITY ATTO~N E'Y LOCATION MAP SCALE: 1" =. 1,600' · · · \ R/W LOCATION MAP FOR ENCROACHMENT FOR JULIO AND DEBBIE CABRAL 2864 BLUEBILL DRIVE SCALE: 1" = 100' PREPARED BY PAN ENG. DRAFT. Of--AUG-2002 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811 (a)(3) AND 58 1-811 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT made this ~ ~' ~ ~%~ ~ , day of ~ ° , 20C~, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, the "City", Grantor, and JULIO CABk%L and DEBBIE CABRAL. his wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, the "Grantee" (even if more than one) . WI TNE S SETH: WHEREAS, the Grantee is the owner of that certain lot, tract or parcel of land designated and described as: Lot 18, in Sandbridge Shores, Section iA, South Area (M.B. 72, at Page 2), and being further designated and described as 2864 Bluebill Drive, Virginia Beach, VA 23456; and WHEREAS, it is proposed by the Grantee to construct and maintain a pier and access, a "Temporary Encroachment" in the City of xTirginia Beach; mmd WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Bass Inlet East, the "Encroachment Area", and the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. GPIN: 2433-34-1950 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee, and for the further consideration of One Dollar ($1.00) in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining a Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to- wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "PROPOSED PIER IN NORTH BAY (SANDBRIDGE) VIRGINIA BEACH, VA. APPLICANT: JULIO CABRAL", Dated: 4/8/02, a copy of which is attached hereto as Exhibit "A" to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized shall terminate upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given the Temporary Encroachment must be removed from the Encroachment Area by the Grantee, and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Waterfront Operations Division of the Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain an approved Joint Permit Application from the Waterfront Operations Division of the ~anning Department before' commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability insurance, or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. It is further expressly understood and agreed that the Grantee must submit, for review and approval, a survey of the Encroachment Area certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove ~he Temporary Encroachmen~ and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment and, pending such removal, the City may charge the Grantee for the use of the Encroachment Area the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and, if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, JULIO CABRAL and DEBBIE CABRAL, his wife, the said Grantee has caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its city Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager ( SEAL ) ATTEST: City Clerk (SEAL) Debbie Cabral ( SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , city Manager/Authorized Designee of the City Manager, on behalf of the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: The foregoing instrument was acknowledged before me this ;L~ day of ~UC~3~ , 20~_~__, by JULIO CABRAL and DEBBIE CABRAL, his wife. My Commission Expires: Notary Pu-b-1 ic ? / 6~5'TO TUNA LANE EX.D~TERIORATED PiER (TO SE RE.YEa & DISPOSED . PROPOSED PIER OF OFF SITE INALAWFUL.ANNER) ~ (6'WIDE X2q°LONGI 8ASS INLET (EASI) ~ CANAL ~ ~ 75'WIDE a .Lw , ~ ~ I , OFF PL ~,o°~s'E,oo, '~ ~ ..... FI ~ , I J ' ..... ~.--~- _~...-~- -.~Y~-.. -..-. ~- ~', .... ~ """ ~'~ ~c.+3.8'*-~ // '~ ' L~ I J J PRIED ACCESS P,ER 7 J POOL STAIRS DECK OVER 2-STORY FRAHE ON PILING NIO°q)'V 100.00' BLUEBIL~ DRIVE 50'RW PLOT PLAN 1"-~0' EL.+5.0' PURPOSE: FLOORINGS DATUN: l~l.W I '0.q' PROPERTY OWNER JULiO CABRAL 5057 CrTTt. E ISLAND RD VIRGINIA BEACH,VA.2)q56 APPLICANT: JULIO CABRAL 285q 8LUEBILLE DRIVE VIRGINIA BEACH,VA. 2~56 AGENT: KEN THaPIPSON )705 mOSUN D.[vE C~ESAi~A~E,VA.2~21 VICINITY MAP [. SWANE]I NC). 05478 LOT lB SANDBRIDGE SHORES SECT. ~-A SOUTH AREA HB 72,PG 2 PROPOSED PIER IN NORTH BAY (SANDBRIDGE) VIRGINIA BEACH,VA. APPLICANT: dULIO CABRAL SHEET 1 OF 2 2864 Blucbdl Dr. Looking North Shows old pier (to be removed) and location of new pier w/access plus bulkhead on adjacent property 2864 Bluebill Dr Looking South Shows old pier (to be removed) and location of new pier with access Plus piers on adjacent properties Item V-I. 3. b. - 35- ORDINANCES/RES OL UTIONS ITEM ii 50403 Upon motton by Counctlman Jones, seconded by Counctl Lady Wtlson, City Councd ADOPTED: Or&nance to AUTHORIZE temporary encroachment tnto porttons of Ctty- owned properttes Back Bay Meadows by JOHN E. and AUDREY D. SETTLE construct and maintain a wharf at 2957 Sand Bend Road (DISTRICT 7 - PRINCESS ANNE) The followtng condtttons shall be requtred' The temporary encroachment wtll be constructed and matntained tn accordance wtth the laws of the Commonwealth of Virgtnta and the Ctty of Vtrgmta Beach, and tn accordance wtth the Ctty's spectficattons and approval The temporary encroachment shall terminate upon nottce by Ctty to the Grantee, and that wtthtn thtrty (30) days after the notice ts given, the temporary encroachment must be removed from the encroachment area by the Grantee, and that the Grantee wtll bear all costs and expense of such removal The apphcant shall tndemntfy and hold harmless the Ctty, tts agents and employees, from and against all claims, damages, losses and expenses, tncluchng reasonable attorney's fees, tn case tt shall be necessary to file or defend an actton artstng out of the locatton or existence of the temporary encroachment The apphcant must obtatn a permtt from the offtce of Development Servtces Center/Planntng Department prtor to commenctng any constructton wtthtn the encroachment area Nothing heretn contatned shall be construed to enlarge the permtsston and authortty to permtt the matntenance or constructton of any encroachment other than that spectfied hereto and to the hmtted extent spectfied heretn, nor to permtt the matntenance and constructton of any encroachment by any one other than the Grantee 6 The apphcant agrees to matntatn the temporary encroachment so as not to become unstghtly or a hazard The apphcant shall obtatn and keep tn force all-rtsk property tnsurance and general habthty tnsurance or such insurance as ts deemed necessary by the City, and all tnsurance pohctes must name the Ctty as addtttonal named tnsured or loss payee, as applicable The Grantee also agrees to carry comprehensive general ltabthty insurance tn an amount not less than $500,000 00, combtned stngle hmtts of such tnsurance pohcy or pohctes The Grantee wtll provide endorsements provtchng at least thtrty (30) days wrttten nottce to the Ctty prtor to the cancellatton or termmatton of or matertal change to, and of the msurancepohctes The Grantee assumes all responstbthttes and habthttes, vested or conttngent, wtth relatton to the temporary encroachment November 12, 2002 Item V-I. 3. b. - 36- ORDINANCES/RESOLUTIONS ITEM # 50403 (Continued) The Ctty, upon revocation of such authortty and permtsston so granted, may remove the temporary encroachment and charge the cost thereof to the Grantee and collect the cost tn any manner provtded by law for the collectton of local or state taxes, may requtre the Grantee to remove the temporary encroachment and, penchng such, removal, the Ctty may charge the Grantee for the use of the encroachment area the equtvalent of what would be the real property tax upon the land so occupted tf tt were owned by the Grantee, and, tf such removal shall not be made wtthtn the ttme ordered heretnabove by thts Agreement, the City may impose a penalty tn the sum of One Hundred Dollars ($I00 00) per day for each and every day that the temporary encroachment ts allowed to conttnue thereafter, and may collect such compensation and penalttes tn any manner provided by law for the collectton of local or state taxes Vottng 10-0 (By Consent) Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, RtchardA Maddox,, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None November 12, 2002 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF CITY PROPERTY BY JOHN E. SETTLE, JR. AND AUDREY D SETTLE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE l0 WHEREAS, John E. Settle, Jr. and Audrey D. Settle desires to construct and l l maintain a wharf upon a city waterway known as Mill Creek. 12 WHEREAS, C~ty Council is authorized pursuant to §§ 15.2-2009 and 15 2- 13 2107, Code of Virginia, 1950, as amended, to authorize tem.porary encroachments upon the City's property subject to such terms and cond~bons as Council may prescribe 15 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: l? That pursuant to the authority and to the extent thereof contained in §§ 15 2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, John E. Settle, Jr. and Audrey D. Settle their heirs, assigns and successors ~n btle are authorized to construct and 20 maintain a temporary encroachment for a wharf in the City's waterway as shown on the map entitled: "Plat Showing Encroachment of Wharf in Mill Creek for Audrey & John Settle 22 at 2957 Sand Bend Road" a copy ofwh~ch ~s on file in the Department of Public Works and 23 to which reference ~s made for a more particular descnpbon; and 24 BE IT FURTHER ORDAINED, that the temporary encroachments are 25 expressly subject to those terms, conditions and criteria contained in the Agreement between the C~ty of V~rg~n~a Beach and John E. Settle, Jr. and Audrey D. Settle (the "Agreement"), which ~s attached hereto and incorporated by reference; and 28 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee ~s hereby authorized to execute the Agreement; and 3O BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such bme as John E. Settle, Jr. and Audrey D. Settle and the C~ty Manager or h~s 32 authorized designee execute the Agreement. 33 34 35 36 37 38 39 4O Adopted by the Council of the C~ty of Virginia Beach, Virginia, on the 1 2 day of November , 2002 A/~~:%VED AS TO CONTENTS DEPARTMENT 41 42 43 44 45 46 CA- PREPARED October 24, 2002 APPROVED AS TO LEGAL PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-81 l(a)(3) AND 58 1-811 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this ff~t~4 day of , 20c9,.d~, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and JOHN E. JR and AUDREY D SETTLE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH' That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "SEC 3 LOT 75 BACK BAY MEADOWS" and being further designated and described as 2957 Sand Bend Road, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a 12' x 24' replacement wharf, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it IS necessary that the Grantee encroach into a portion of an existing city's waterway known as North Bay Inlet "The Temporary Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1 00), in hand paid to the City, receipt of which 1S hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and malntalmng the GPIN 2433-33-3019 Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Vlrglma and the City of Virginia Beach, and in accordance with the City's specfficatlons and approval and is more particularly described as follows, to wit A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled "Plat Showing Encroachment of Wharf in Mill Creek tbr Audrey & John Settle at 2957 Sand Bend Road" a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses ~nclud~ng reasonable attorney's fees ~n case ~t shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It ~s further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Serwces Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that nothing herein contained shall be i construed to enlarge the permission and authority to permit the maintenance or construction of any '1 2 encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard It is further expressly understood and agreed that the Grantee must obtain and keep force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance pohcles The Grantee assumes all responslbdlt~es and habdltles, vested or contingent, with relation to the Temporary Encroachment It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes, may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the eqmvalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee, and if such removal shall not be made within the time ordered herein above by this Agreement, the C~ty may impose a penalty ~n the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes IN WITNESS WHEREOF, John E Jr. and Audrey D Settle, the said Grantee has caused this Agreement to be executed by his/their/her signature and seal duly affixed Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by Its City Clerk. CITY OF VIRGINIA BEACH (SEAL) ATTEST By City Manager/Authorized Designee of the City Manager City Clerk Settle, Jr ~(U~-~y~]~;rS ettle CITY/COUNTY OF The foregmng ~nstrument was acknowledged before me this , 20 0____~, by JOHN E SETTLE, JR i( Notary Public My Commission Expires' STATE OF CITY/COUNTY OF 19-,i ~[,~.-~.~-~k._ , to-wit The foregmng instrument was acknowledged before me th~s day of :1 day of ' ,20o-L, by AUDREY D. SETTLE. My Commission Expires. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-w~t Notary Pubhc DESIGNEE OF THE CITY MANAGER The foregmng ~nstrument was acknowledged before me this day of ,20 , by , CITY MANAGER/AUTHORIZED Notary Pubhc My Commission Expires STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing Instrument was acknowledged before me this ~ day of ,20 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commlss~on Expires' Notary Public APPROVED AS TO LEGAL SUFFICIENCY CITY ATt;~EY APPROVED AS TO CONTENT ~ITY REAL ESTATE AGENT Rev 10-09-02 Construction Sequence 1- Exm,ng res~dentml structure/drives to be demolished 2- Exsst,ng bulkhead/wharf to be demolished 3 - Filter Fence adjacent property hnes 4 - Complete bulkhead restoratton/wharf/ramp ' 5 - Filter fence Seed/straw cover enure rear alignment 6 - lmtmte constructmn of new residence rFLOOD ~BB-'~ IY C~ty of. Vzrgmza Beach NORTH BAY INLET - MILL CREEK ,~-"' Wharf 12' x 24' ~ I00' Repl Jet Skz Lift Pde (Replacement) 8" d,a, x 20', 2 5 pcf- CCA Top elevatmn - As per I,ft m£g Req'mt (Dr,~ven to 6' below mud llne -mm ) l,~th - ~HW-MHW - 500+' "~ ] 0' RetuTM "r-- ~4i-tw I I I' .... 1 LJm~tofFfll-lO' 12' , J~ ~ To be Demolished ' · . .. -;J ., JUL o 1 g00Z , , ~ To be DemoXxshca,_~ [l .. ~ ~ ,~ .-~ u .'.,' ', ..... , ~ /~J1 460 ~7~' Scale 1" = 30' Adjacent Phelps, Gerald &Beverly S lO° 54 E 2 3 2002 Wo:~d Fenc~ T'~st ( F) ,~, 4 7'0 ~72 fdoe ~ ~:~vemem SAND BEND ROAD (50' R/W) - Adjacent Property Owners - E. Falcon KnJght - Gerald & Beverly Phelps Exhibit A Plat Showing Encroachment of Wharf m Mdl Creek for Audrey & John Settle at 2957' Sand Bend Road Mill Crk. (Tnb. to Back Bay) Location: Sandbr~dge Beh, Va Bch VA -kpplJcant: Audrey &John Settle Date: July 20.2002 SITE LOCATION MAP SCALE: 1" = 1,600' CVB J R/W lee LOCATION FOR MAP ENCROACHMENT AT 2957 SAND BEND ROAD GPIN 2433-33-3019 SCALE: 1" = 100' / SAND BEND RD.DGN M.J.S. PREPARED BY PAN ENG. CADD DEPT. 26-SEP-2002 Property with wharf proposed to be replaced Property across canal from owned property Property adjacent to the north Property adjacent to the south -37- Item V=I. 4. ORDINANCES/RESOL UTIONS ITEM # 50404 Upon motton by Counctlman Jones, seconded by Councd Lady Wdson, Ctty Councd ADOPTED: Ordinance to AUTHORIZE acquisition of temporary and permanent easements for the PEMBROKE MANOR storm water upgrade at Independence Boulevard and Jeanne Street, by agreement or condemnatton Vottng. 10-0 (By Consent) Councd Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox,, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Councd Members Absent. None November 12, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AN ORDINANCE TO AUTHORIZE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS FOR PEMBROKE MANOR STORM WATER UPGRADE, (CIP 7-063.017), EITHER BY AGREEMENT OR CONDEMNATION WItE~AS, in the opimon of the Council of the City of Virginia Beach, Virginia, a pubhc necessity exists for the constmcnon of this nnportant storm water project and improvements to provide adequate drainage for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Council authorizes the acquimtion by purchase or condemnation pursuant to Sections 15.2-1901, et seq., Code of Virginia of 1950, as amended, of all those certain temporary and permanent easements (collectively the "Easements") as shown as a part of the project plans entitled "Pembroke Storm Water Upgrade, CIP 7-063.017" (the "Project"), and more specifically described on the acquisition plats for the Project (collectively the "Plans"), the Plans being on file in the Eng4neering Division, Department of Public Works, City of Virginia Beach, Virginia. Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in the Easements. If refused, the City Attorney is hereby authorized to institute proceedings to condemn the Easements. Adopted by the Council of the City o£ Virginia Beach, Virginia, on the 1 2 day of November ,2002 AP/P~OVED AS TO CONTENTS ~// SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM CI~'~ATYOi~NE V IRGINIA 8EACH ~LVD LOCATION MAP SCALE: 1" B 1,600' PROPERTIES WITH PROPOSED TEMPORARY CONSTRUCTION EASEMENTS AND DRAINAGE EASEMENTS lee PEMBROKE LOCATIONMAP " ' · FOR '" MAN 0 R STORM WATER UPGRADE EMENT SCALE: 1" -- 100' ..- /- ./ PEMBROKE MANOR. DGN M.J.S. PREPARED BY P/W ENG. CADD DEPT. OCT. 31, 2002 - 38 - Item V-I.$. ORDINANCES/RES OL UTIONS ITEM # 50405 Upon motton by Counctlman Jones, seconded by Councd Lady Wdson, Ctty Councd ADOPTED, AS AMENDED: Or&nance to AUTHORIZE the Memorandum of Understandtng and Operating Agreement between the Ctty and VIRGINIA MUSEUM of MARINE SCIENCE FO UNDA TION Agreement shall be amended to tnclude the document shall be reviewed by City Council everyfive (5) years Votmg 10-0 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Louis R Jones, Reba S McClanan, Rtchard A Maddox,, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Voting Nay None Council Members Absent None November 12, 2002 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING AND AN OPERATING AGREEMENT BETWEEN THE CITY AND THE VIRGINIA MUSEUM OF MARINE SCIENCE FOUNDATION WHEREAS, the City of Virginia Beach (the "City") is owner and operator of the buildings, grounds and related facilities located in the City of Virgima Beach, known as the V~rginia Marine Science Museum (the "Museum"); WHEREAS, on October 29, 1981, prior to the construction of the Museum, the :1. 2 Virginia Museum of Marine Science Foundation ( the "Foundation") was organized and chartered 21. 3 as a private, non-stock, corporation under the prowsions of Chapter 2, Title 13.1 of the Code of :1_4 V~rginia (1950), as amended, with a tax exempt status under section 501(c) (3) of the Intemal Revenue Code; 16 WHEREAS, the Foundation was formed and has functioned for many years for the :1. 7 purpose of: (i) supporting the Museum and its programs; (ii) acquiring, leasing or holding real estate :1_ 8 necessary for the purposes of the Museum; (in) assisting in the ~dentification, acquisition and construction of exhibits; (iv) providing financial support;(v) receiving gifts, bequests, monies, bonds, 2 0 grants, scientific equipment and objects of art in support of the Museum, and (vi) increasing public 2:1. knowledge of Virginia's unique marine environment, and 22 WHEREAS, the Foundation and the City wish to assure the continued success and 2 3 prosperous growth of the Museum in the future by memorializing their long-standing relationship 2 4 and their respective responsibilities as they relate to certain operational activities in a Memorandum 2 5 of Understanding and an Operating Agreement. 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 2 ? VIRGINIA BEACH, VIRGINIA' 28 That the City Manager is hereby authorized to execute the Memorandum of 2 9 Agreement and the Operating Agreement between the City and the V~rginia Museum of Marine 3o Science Foundation in substannally the same form as attached hereto. 3:1. Adopted by the Council of the City of Virginia Beach, Virgima, on the 1 2 day of 32 Novmmbmr ,2002. CA- ,~'~ C LDocuments and Settlngs\dcwhlt¢\Local Scttmgs\Temp\vmsm ord wpd R-I 10/23/02 APPROVED AS TO CONTENT Dep~rtment df Museums & Cultural Arts APPROVED AS TO LEGAL SUFFICIENCY Department of Law MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF VIRGINIA BEACH AND THE VIRGINIA MUSEUM OF MARINE SCIENCE FOUNDATION THIS MEMORANDUM OF UNDERSTANDING ("MOU")executed this day of , 2002, memorializes the working relationship between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City"), and the VIRGINIA MUSEUM OF MARINE SCIENCE FOUNDATION, INC., a private, non-stock Virginia corporation, (the "Foundation") 1 The City ~s owner and operator ofthe buildings, grounds and related facdit~es located in the City of Virginia Beach, known as the Virginia Marine Science Museum (the "Museum") 2. On October 29, 1981, prior to the construction of the Museum, the Foundation was organized and chartered as a private, non-stock, corporation under the provisions of Chapter 2, Title 13.1 of the Code of Virginia (1950), as amended, with a tax exempt status under section 501(c) (3) of the Internal Revenue Code. 3 The Foundation was formed and has functioned for many years for the purpose of' 0) supporting the Museum and its programs; (ii) acquiring, leasing or holding real estate necessary for the purposes of the Museum; (iii) assisting in the identification, acquisition and construction of exhibits, (iv) providing financial support,(v) receiving gifts, bequests, monies, bonds, grants, scientific equipment and objects of art in support of the Museum; and (vi) increasing public knowledge of Virginia's unique marine environment. 4. The Foundation is governed by an independently elected Board of Directors, none of whom are employees of the City 5. The City operates and maintains the Museum and repairs, and as necessary, replaces at its sole expense, any item, facility, or portion of the building occupied bythe Museum which was part of the original capital improvement project to construct the buildings which constitute the Museum In addition, the City provides or pays the cost of routine repair and maintenance of all Museum exhibits up to an amount not to exceed Two Thousand Five Hundred ($2,500) Dollars for any single repair or replacement. The Foundation pays for repair, maintenance or replacement applicable to any single permanent exhibit which exceeds Two Thousand Five Hundred ($2,500) Dollars in cost. 6 The Foundation owns all of the animals acquired for the Museum and all permanent exhibits located in the Museum which have been constructed, funded or purchased by the Foundation. 7. The Foundation provides the funds necessary for programmed upgrading of permanent exhibits, for the acquisition of new animals, for the acquisition and display of temporary exhibits and for the acquisition, construction and installation of new permanent exhibits. In the event the Foundation dissolves, becomes inactive, or discontinues its active ~ support of the Museum, all of the exhibits, including the animals owned bythe Foundation and all monies pledged or dedicated to the Museum for any existing project shall become the property of the City, and shall be used by the City for the purpose for which they were pledged or dedicated. 8. In return for the Foundation's contributions to and support of the Museum and its programs, the City provides the Foundation with designated office space in the Museum, and with filing cabinets, desks, and other office supplies and equipment, including use of computers owned by the City. The City also provides the Foundation, through City employees working at the Museum, with administrative, accounting and financial services. 9. All Foundation correspondence, minutes, financial and other records and documents will be maintained and stored separate and apart from all City records, and will be clearly identified as property of the Foundation. 10. The City provides insurance coverage for the Museum which includes coverage for physical damage to or liability arising from the exhibits owned by the Foundation that are located in the Museum, whether permanent or temporary; automobile liability arising from the ownership or use of motor vehicles owned or leased by the Foundation and operated by City employees in the scope of their employment; and for liability arising out of the activities funded or sponsored by the Foundation and conducted by City employees normally employed at the Museum. Such insurance is provided through the City's self-insurance program or may be provided through any program of insurance established by the City' s Risk Management Administrator. 11. The Gift Shops in the Museum buildings are operated and maintained by the City and the City retains all re',enues received from their operation 12 The City operates the Museum admission facilities and sells both admission tickets and basic memberships in the Museum. The City retains all revenues derived from admission charges and from basic membership charges. Any surcharge added to normal admission charges covering admission to temporary exhibits which have been obtained by the Foundation, whether or not designated as a surcharge, will be paid to the Foundation 13 The Foundation sells annual philanthropic memberships in the Museum to businesses, corporations, and members of the public. The Foundation reimburses the City for the cost of the basic membership and IMAX Theater tickets included in each philanthropic membership. 14 The Foundation uses portions of the Museum for its fund raising activities and for other private functions which generate revenue for the Foundation. The Foundation pays to the City twenty-five (25%) percent of the net revenues received by the Foundation as a result of the use of Museum facilities by third parties for private functions arranged by the Foundation. 15. Under a separate lease agreement, the Foundation pays the City Five Hundred Dollars ($500 00) a month for the use of the space in the Museum occupied by the Osprey Caf6 and the p~cnic area. The Foundation contracts wxth a third party for the operation of the restaurant and retains all revenues it receives under its contract with the restaurant operator, including revenues paid by the restaurant operator for its provision of catering services for private functions arranged by the Foundation and held at the Museum. 16 The Foundation reimburses the City, no less frequently than quarterly, for the cost of the salaries paid by the City to part-time City employees who operate certain educational programs at the Museum on behalf of the Foundation. All revenue received from such educational programs is retained by the Foundation. 17. The Foundation operates the Museum's Stranding Program, which has the mission of researching, rescuing, rehabilitating, and, when possible, releasing stranded marine animals. This program, together with other related educational programs operated by the Foundation, is housed in a bmld~ng which is leased by the City and which is currently known as the Museum Annex The Foundation pays the City thirty percent (30%) of the cost of the lease and reimburses the City for the cost of the salaries of the City employees who operate the programs for the Fotmdatlon. 18. The City and the Foundation acknowledge that neither entity is the agent, employee, partner, joint venturer or associate of the other. However, the Foundation's Board and the City's Museum staff consult with each other and work closely together to improve the Museum and its facilities, to enhance its educational mission, to facilitate its ability to serve the pubhc, and to plan for future growth and expansion. 19. The Foundation acknowledges that during the term of this MOU, the Foundation will promptly remove or release any mechanic's or materialman's lien attached to or on the subject property or any portion, by reason of any act or omission by the Foundation, ~ts contractors or agents in connection with the activities performed by the Foundation, and hold harmless the City and its agents, employees, volunteers, servants, and officials from any such lien or claim of lien. 20 The City and the Foundation acknowledge that certain activities involving revenue sharing, grant solicitation, jmnt promotional efforts, cost participation or jointly funded capital improvement projects, and the insurance, record keeping, appropriations and indemnity issues which are pertinent to said activities shall be memorialized through the execution of a separate operating agreement. 21. The initial term of this MOU will be for five (5) years effective July 1, 2002 through June 30, 2007 The MOU will be automatically renewed for additional five-year terms unless terminated by either party upon 12 months written notice to the other party prior to the end of any five-year term. CITY OF VIRGINIA BEACH APPROVED AS TO LEGAL SUFFICIENCY: - Foundation Counsel APPROVED AS TO CONTENTS Dei~artment of Museums & Cultural Arts By. C~ty Manager/Authorized Designee of the C~ty Manager VIRGINIA MUSEUM OF MAR/NE SCIENCE FOUNDATION, INC. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's office ~ OPERATING AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE VIRGINIA MUSEUM OF MARINE SCIENCE FOUNDATION THIS OPERATING AGREEMENT ("Agreement") made and entered into as of this day of ,2002, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City"), and the VIRGINIA MUSEUM OF MARINE SCIENCE FOUNDATION, INC., a private, non-stock Virginia corporation, (the "Foundation"). RECITALS WHEREAS, the City is owner and operator of the buildings, grounds and related facilities located in the City of Virginia Beach, known as the Virginia Marine Science Museum (the "Museum"); WHEREAS, prior to the construction of the Museum, on October 29, 1981, the Foundation was organized and chartered as a private, non-stock corporation under the provisions of Chapter 2, Title 13.1 of the Code of Virgima (1950), as amended, with a tax exempt status under section 501 (c) (3) of the Internal Revenue Code, WHEREAS, the Foundation was formed and has functioned for many years for the purpose of supporting the Museum and its programs, assisting in the identification, acquisition and construction of exhibits, providing financial support, and increasing public knowledge of Virginia' s unique marine environment; and WHEREAS, the Foundation and the City wish to assure the continued success and prosperous growth of the Museum in the future by memorializing the responsibilities and obligations of City and the Foundation as they relate to certain operational activities. AGREEMENT The parties to this Agreement, for and in consideration of the mutual efforts to promote and support the development of the Museum agree as follows. 1. OPERATING PROCEDURES A. The City Manager shall be the official responsible for the administration of this Agreement for the City. The Director of the Museum, who shall be responsible for its day to day operations, shall be selected by the City Manager and employed by the City. Subject to the approval of the City Manager and the Board of Directors of the Foundation, the Director of the Museum shall also serve as Executive Director of the Foundation. The Director ofthe Museum shall receive no remuneration from the Foundation and shall have no voting rights with respect to Foundation business or affairs, but may be reimbursed by the Foundation for travel and other expenses incurred on its behalf. The City Manager may also employ a Director of Development who shall have such duties as the City Manager may prescribe, but who may assist the Foundation in planning and implementing its fund raising activities, and who may solicit funds on behalf of the Foundation The Foundation may supplement the salary of the Director of Development as compensation for services to the Foundation. B. The City and the Foundation acknowledge and agree that all Foundation correspondence, financial records and all Foundation documents shall be kept separate and apart from all City records. C. The Foundation shall not contract for the installation ora new or substantially expanded exhibit to be housed in the Museum without first obtaining the approval of the Director of the Museum. D The City and the Foundation may engage in joint promotional efforts, ~ncludlng marketing and the solicitation of funding through grants. However, any funds or grants received by the City, regardless of whether solicited by the Foundation separately or jointly with the City shall not be appropriated to the Foundation unless so directed by the City Council pursuant to an ordinance adopted by City Council. Any funds or grants received by, or awarded or donated to the Foundation, regardless of whether solicited by the Foundation separately or jointly with the City shall be accounted for in the Foundation's records and disbursed in accordance with the donor or grantor's instructions. E. Any and all jointly funded capital improvement projects which are included in the City' s capital improvement budget shall be memorialized through the execution of a specific agreement and under terms and conditions mutually agreed to by the City and the Foundation. No such capital improvement project shall proceed until the City appropriates the funds for such project and until the Foundation transfers its share of the appropriation or provides assurances acceptable to the City of the timely availability of such funds. F. With the City Manager's approval, the Director of the Museum and city employees authorized by the Director may, at the request of the Foundation, solicit donations on behalf of the Foundation. No other city employee shall actively solicit any donations on behalf of the Foundation unless the City Manager specifically approves such activity. G. The Foundation shall function for the purpose of: (i) supporting the Museum and ~ts programs; (ii) acquiring, leasing or holding real estate necessary for the purposes of the Museum; (iii) assisting in the identification, acquisition and construction of exhibits; {'iv) providing financial support; (v) receiving gifts, bequests, monies, bonds, grants, scientific equipment and objects of art in support of the Museum; and (vi) increasing public knowledge of Virgima' s unique marine environment. The Foundation serves in an advisory role to the Director of the Museum and shall not have directory or supervisory functions in the operation of the Museum. 2. INSURANCE The Foundation shall provide to the City's Risk Management Administrator evidence of liability insurance coverage for any non-city employees All policies of insurance required herein shall be written by insurance companies licensed to conduct the business of insurance in Virginia and shall carry the provision that the ~nsurance will not be cancelled or materially modified without thirty (30) days prior written notice to the City. 3. RECORD KEEPING A The Foundation shall provide annually to the City an audited financial statement. The audit shall be made in accordance with generally accepted auditing standards by an independent certified public accountant covering all monies which are the subject of this Agreement. The statement will be provided on or before June 30th of each year during this Agreement but shall not include any information regarding individual Foundation donors. B. The Foundation shall provide the City with an updated copy of its articles, bylaws and officers and directors The Foundation shall also provide the City with a copy of its IRS Form 990 (Return of Organization Exempt from Income Tax) without accompanying documentation providing information concerning any specific Foundation donor. 4 INDEPENDENT CONTRACTORS In the performance of this Agreement, both the City and the Foundation will be acting in an individual capacity and not as agents, employees, partners or joint venturers or associates of one another. The agents or employees of the one shall not be construed to be the agents or employees of the other City employees shall remain employees of the City notwithstanding the fact that they may assist the Foundation or their salary or any portion thereof is reimbursed by the Foundation. Neither the City nor its agents, volunteers, servants, employees or officials shall be responsible or liable for any claim or suit arising from contracts, agreements, understandings or arrangements made by the Foundation with any person or entity covering services or goods procured by the Foundation, or for the neghgent or willful acts of the Foundation or those tbr whom the Foundation is legally liable 5. TERM The initial term of this Agreement will be for five (5) years effective July 1, 2002 through June 30, 2007. This Agreement will be automatically renewed for additional five-year terms unless terminated by either party upon 12 months written notice to the other party prior to the end of any five year term 6. DISPUTE RESOLUTION The parties agree that if there is a dispute as to any provision in this Agreement or if either party materially breaches or fails to perform its obligations under this Agreement, the other party may give notice in writing of the dispute or material breach. The parties agree to meet to resolve the dispute or material breach within thirty (30) days of the receipt of the notice. If the parties fall to resolve the dispute within sixty (60) days of such notice or such longer period if agreed to in writing by the parties, the parties agree to bring in a mediator to resolve the dispute. 7. NOTICES Any notice or notices required or permitted to given pursuant to this Agreement shall be give by certified mall, postage prepaid, return receipt requested as follows: To the City: Lynn B. Clements, Director Department of Museums and Cultural Arts 717 General Booth Boulevard Virginia Beach, Virginia 23451 To the Foundation. President Virginia Marine Science Museum Foundation, Inc. 717 General Booth Boulevard, Suite 1 Virginia Beach, Virginia 23451 8. GOVERNING LAW/COMPLIANCE WITH APPLICABLE LAW/VENUE This Agreement shall be deemed to be a Virginia contract and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Agreement shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virgima. The Foundation shall comply with all federal, state and local statutes, ordinances, and regulations now in effect or thereafter adopted, in the performance of its obligations set forth herein. Any and all suits for any claims or for any and every breach of dispute arising out of this Agreement shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. 9. MECHANIC'S LIENS During the term of this Agreement, the Foundation will promptly remove or release any mechanic' s or materialman' s lien attached to or on the subject property or any portion, by reason of any act or omission by the Foundation, ~ts contractors or agents in connection with the activities performed by the Foundation, and hold harmless the City and its agents, employees, volunteers, servants, and officials from any such lien or claim of lien. This provision shall survive the termination, cancellation or expiration of the Agreement. 10. ENTIRE AGREEMENT The parties agree that this writing constitutes the entire agreement of the parties and that there may be no modification of this Agreement, except in writing, executed by the authorized representatives of the City and the Foundation. As evidence ofthmr agreement to the terms and conditions set forth herein, the parties affix their authorized signatures hereto: ATTEST: Ruth Hodges Smith City Clerk CITY OF VIRGINIA BEACH By: City Manager/Authorized Designee of the City Manager ATTEST VIRGINIA MUSEUM OF MARINE SCIENCE FOUNDATION, INC. STATE OF CITY/COUNTYqOF~,M,ff~.,~,~ ~'.~, to-wit: The foregmng instrument was ow ¢dged before me tNs /~ d~ff of (, ~~ , 2Q02, by ~ ~~ ~);~ , and ~~ ~~ , ~c~,,~~ =d ~.~4~ ~~ (t~tle), respectively,' ~of~ the VIRG~IA MUSEUM OF MA~E SCIENCE FOUNDATION, ~C., on its behalf Notary Public My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregmng instrument was acknowledged before me this 1 2 day of November , 2002, by , City Manager/Authorized Designee of the City Manager of the City of Virginia Beach, on its behalf He/She is personally known to me. Notary Public My commissmn expires. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~ day of , 2002, by Ruth Hodges Smith, City Clerk of the City of Virginia Beach, on its behalf. She is personally known to me. Notary Public My commission expires: APPROVED AS TO LEGAL SUFFICIENCY: Foundation ~ounsel APPROVED AS TO CONTENTS Department of Museums & Cultural Arts APPROVED AS TO RISK MANAGEMENT: Risk Management APPROVED AS TO t/~SUFFIC~: City Attorney's Offi~// - 39- Item V-I. 6. ORDINANCES/RES OL UTIONS ITEM # 50406 Upon motton by Councdman Jones, seconded by Councd Lady Wdson, Ctty Councd ADOPTED: Resolutton to ESTABLISH the Ctty Councd's relattonshtp wtth VIRGINIA BEA CH COMMUNITY DE VEL OPMENT CORPORA TION (VBCDC). Vottng' 10-0 (By Consent) Councd Members Voting Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Counctl Members Vottng Nay None Councd Members Absent None November 12, 2002 A RESOLUTION ESTABLISHING THE CITY COUNCIL'S RELATIONSHIP WITH THE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WHEREAS, the Virginia Beach Community Development 5 Corporation ("VBCDC") was created in 1985 for the purpose of 6 creating housing opportunities for low and moderate income 7 citizens; WHEREAS, VBCDC's bylaws provide that its directors are 9 appointed by the Virginia Beach City Council and that amendments to 10 these bylaws must be approved by the City Council; 11 WHEREAS, the U.S. Department of Housing and Urban 12 Development ("HUD") has concluded from reviewing these bylaw 13 provisions that the City Council has considerable control over the 14 VBCDC; and 15 WHEREAS, HUD has requested that the City Council, in the 16 form of a resolution, state whether it wishes to retain this level 17 of control over the VBCDC, the purpose of retaining such control, 18 and that the Council does not intend to exercise such control for 19 profit or gain. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: 22 That City Council hereby states the following: 23 (a) that it intends to retain its current level of 24 control over the Virginia Beach Community Development Corporation 25 ( "VBCDC" ); 26 (b) that it retains such control solely for the purpose 27 of insuring that the VBCDC continues to provide housing 28 opportunities and operate in alignment with the City of Virginia 29 Beach's neighborhood improvement goals; and 3O (c) that the City Council has no intention of exercising 31 any level of control it has over the VBCDC to derive any gamn or 32 profit from the VBCDC's operations. 33 Adopted by the Council of the City of Vmrginia Beach, 34 Virginia on the 12th day of November 2002 ! CA-8681 Noncode/HUDVBCDC. wpd November 4, 2002 RI APPROVED AS TO CONTENT' H ' '~e[~borhood Preservation APPROVED AS TO LEGAL SUFFICIENCY' City Attorney~ Offi~e VIRGINIA BEACH CDC 629 Wesley Drive, Suite 101 Virginia Beach, VA 23452 (757) 463-9516 FAX (757) 463-1382 M. K. Horoszewskl Executive Director September 30, 2002 Dear Andy, I am writing you to follow up on our conversation this moming. Please review the following information and let me know what I can do to help resolve this issue. Background VBCDC is required to submit a biannual application for recertification to the U.S. Department of Housing and Urban Development. The approval of this recertification application allows VBCDC to be on HUD's list of approved non-profits for participation in FHA activities. This enables VBCDC to purchase HUD properties at a discount, provide secondary financing to low- income first-time home buyers, and obtain FHA-insured mortgage financing. One of the items that is requested, as part of the recertification package, is a certification signed by an authorized representative of the organization certifying to HUD that the nonprofit is acting on ~ts own behalf and is not under the influence, control, or direction of any party seeking to derive a profit or gain from the proposed project, such as, but not limited to, a landowner, real- estate broker, banker, contractor, builder, lender, or consultant. THE NONPROFIT MUST OVERSEE AND MAINTAIN CONTROL OF THEIR OPERATIONS AND MAKE ALL DECISIONS. VBCDC sent th~s certification to HUD in the last recertification application that was submitted in June 2002. HUD provided a response to the package dated August 19, 2002. Their response was as follows: While your application did contain the required certification, it appears from your Bylaws that the organization is under the direct control of the City Council for the City of Virginia Beach. Pursuant to your By-laws, Article III- Directors, Section 2- Composition, states "The Board shall be composed of eleven (11) directors who shall be appointed by the City Council of the City of Virginia Beach." Section 4- Vacancies and Removals, further states, "Vacancies shall be filled upon appointment by the City Council." and "Directors shall serve at the pleasure of the City Council." Also, Article X- Amendments, states, "Such amendments to these bylaws shall be subject to approval by the City Council." While it is assumed that the City of Virginia Beach is not seeking to derive a profit or gain from the proposed project, it is apparent that they have considerable control over the internal operations of your organization. Considering this, they have asked us to provide one of the following options. 1. Provide documentation that we are an instrumentality of the local government. This would require an ordinance or charter that clearly states our relationship with the City of Virginia Beach, their purpose in forming us, and an indication that they maintain control over the non- profit. HUD's rationale is that if we are an instrumentality of the local government, then they would expect the City of Virginia Beach to maintain control over the non-profit. Was this ordinance or charter a part of the original organization of VBCDC which occurred ~n November, 19857 2. The City of Virginia Beach could provide HUD with a statement of their purpose and intent in mmntmning control over the nonprofit and also state that they will not exercise their authority to derive a profit or gain from VBCDC's programs. 3. The C~ty of Virginia Beach could relinquish their control over VBCDC by documenting that they will no longer appoint our Board of Directors or require their approval to change our by- laws. One of these actions must be completed and the required documentation must be submitted to HUD no later than October 31, 2002.If we do not meet this deadline, then VBCDC will be removed from I-IUD's list of approved non-profits. We will then have to wait 90 days before we eau resubmit our application for approval to be on the list of approved non- profit. You may contact Mr. Bradley Payne of the HUD Cleveland, Ohio office for further clarification. His number is 216-522-4058 extension 7215. His fax number is 216-522-2975. I appreciate you assistance in responding to their request. Executive Director Sharon Shoff, VBCDC VBCDC Board of Directors Mr. Bradley Payne, HUD Item V-I. 7. - 40- ORDINANCES/RES OL UTIONS ITEM # 50407 Upon motton by Councdman Jones, seconded by Councd Lady Wdson, Ctty Councd ADOPTED, AS REVISED Ordtnance to AUTHORIZE a thtrd Supplement to the Development and Post-Clostng Escrow Agreements ("the Supplemental Documents ")for the Town Center project Votmg 9-0 (By ConsenO Councd Members Vottng Aye Margaret L Eure, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Councd Members Abstatmng Vtce Mayor Louts R Jones Councd Members Absent None Councdman Jones DISCLOSED and ABSTAINED (Item L 7 (Town Center), as he has an ownershtp interest tn Resource Bank, whtch exceeds three percent (3%) of its total equity. Resource Bank has entered mto a Paractpatton Agreement wtth Monarch Bank for a line of credit to Armada Hoffler Properttes It is hkely that Armada Hoffler Properttes wdl manage the Town Center for the project's Developer, Town Center Assoctates Also, Resource Bank ts tn negottatton to lease a new buddmg at the Town Center. November 12, 2002 AN ORDINANCE TO APPROVE A THIRD SUPPLEMENT TO THE DEVELOPMENT AGREEMENT AND A POST-CLOSING ESCROW AGREEMENT FOR THE TOWN CENTER PROJECT AND RECOMMENDING APPROVAL AND EXECUTION BY THE VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, the City of Vlrglma Beach Development Authority (the "Authority") and Town 7 Center Associates, L.L C (the "Developer") are parties to a certain Development Agreement dated 8 as of March 6, 2000, as supplemented by that certain First Supplement to Development Agreement 9 dated as of February 28, 2001, as modified by that certain Second Modification to Development 10 Agreement dated as of August 30, 2002 (the "Town Center Development Agreement"), regarding 11 the development of a Central Business District ProJect known as "The Town Center of Virginia 12 Beach" (the "ProJect"), 13 WHEREAS, in connection with the closing on the Authonty's purchase of the Phase I 14 Parking Garage as provided in the Town Center Development Agreement, the parties have identified 15 certain necessary and desirable modifications to the ProJect documents and have pursued the 16 preparation of a Third Supplement to Development Agreement and a Post-Closing Escrow 17 Agreement (the "Supplemental Documents") which document the modifications to the ProJect 18 documents necessary to facilitate and consummate the Authority's purchase of the Phase I Parking 19 Garage 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA 22 1 The City Council approves the Third Supplement to Development Agreement and 23 the Post-Closing Escrow Agreement (the "Supplemental Documents"), complete copies of which 24 have been provided to the members of City Council and which are on file with the City Clerk, which 25 implement necessary and desirable modifications to the ProJect documents to faclhtate and 26 consummate the AuthorIty's purchase of the Phase I Parking Garage 27 2 On behalf of the City of Vlrgima Beach, the City Manager and the City Attorney are 28 hereby authorized and directed to proceed with the preparation of any additional documents 29 necessary and appropriate or contemplated by the Supplemental Documents, to facilitate and 30 consummate the Authonty's purchase of the Phase I Parking Garage, containing terms as are 31 consistent with the terms contained in the Supplemental Documents 32 3. The City Manager, or his designee, is authorized to execute and deliver the 33 Supplemental Documents in substantially the form as are on file in the City Clerk's Office, with such 34 insertions and modifications of a minor and technical nature which are acceptable to the City 35 Attorney 36 4 The City Council requests that the City of Vlrglma Beach Development Authority 37 adopt a Resolution consistent with this Ordinance approving the Third Supplement to Development 38 Agreement and the Post-Closing Escrow Agreement and authorizing their execution and delivery 39 on behalf of the Authority. 40 Adopted by the Council of the City of Vlrglma Beach, Vlrglma on the 1 2 day of 41 November, 2002. 42 43 44 CA-8649 F ',Data\ATY\Ordm\NONCODE\ca8649 ord wpd November 6, 2002 45 46 47 City Attomey 48 CITY OF VIRGINIA BEA CH AGENDA ITEM TO: FROM: ITEM. The Honorable Mayor and Members of Council James K. Spore, City Manager An Ordinance to Approve a Third Supplement to Development Agreement and a Post-Closing Escrow Agreement for the Town Center Project and Recommending Approval and Execubon by the V~rg~n~a Beach Development Authority MEETING DATE November 12, 2002 Background: The C~ty of Virginia Beach Development Authority (the "Authority") and Town Center Associates, L.L.C. (the "Developer") are parties to a Development Agreement regarding the development of a Central Business District Project known as "The Town Center of Virginia Beach" (the "Project") Construcbon of Phase I of the Project ~s nearing complebon and the Authonty's purchase of the Phase I Parking Garage should be closing in the next few weeks. In connection with the purchase, the part~es have ~dent~fled certain necessary and desirable mod~flcabons to the Project Documents and have pursued the preparation of a Third Supplement to Development Agreement and a Post-Clos~ng Escrow Agreement which document the modifications to the Project Documents to necessary to facditate and consummate the Authonty's purchase of the Phase I Parking Garage. Summary of Third Supplement to Development Agreement Changes to Exhibits. · Replaces Exhibit 6 1 (Master Plan) · Replaces Exhibit 9 1 2 (Reimbursement Amount Calculation) · Adds Exhibit 8 5 2 (Post-Closing Escrow Agreement) Change to Master Plan Confirms the adjusted master plan that the Developer and VBDA have been implementing for the last year which modifies the scope of the infrastructure for Phase I and Phase II w~th respect to the Iocabon of certain streets and the orientation of the public plaza. Change to Reimbursement Amount. Changes the due date of the first ~nstallment of the Reimbursement Amount from June 5, 2003, to December 31, 2003, and prowdes a calculation mechanism to allow Developer to construct hotel improvements, as well as other commercial ~mprovements, to "earn out" of the Reimbursement Amount obligabon Cond~bons to Closing on Purchase of Phase I Parking Garage Cond~bons VBDA's purchase of Phase I Parking Garage on Developer's delivery of a Post Closing Escrow Agreement [see summary below] Construction of Phase I Public Infrastructure. Confirms that Phase I Public Infrastructure construcbon does not ~nclude any public street or streetscape construction west of Central Park Avenue. Additional Phases Technical amendment to delete references to addibonal phases of Town Center Summary of Post-Closing Escrow Agreement. Establishes an escrow of a port~on of the purchase price for the Phase I Parking Garage as follows (a) $50,000 conbngency reserved for unanbc~pated ~tems to be released to Developer as agreed to ~tems are completed, (b) 150% reta~nage for punchiest ~tems released to Developer when the punchlist ~s complete as evidenced by Architect's Certificate; and (c) a reserve for incomplete structures on Block 4 (North Office Budding and South Retad Budding) released to Developer upon structural shell completion of those structures (in place of requiring structural shell completion of these two ancillary project elements at closing) Considerations: Attached to th~s Agenda Request Form ~s an Ordinance approving the Third Supplement to the Development Agreement and a Post-Clos~ng Escrow Agreement to ~mplement necessary and desirable modifications to the Project Documents to facilitate and consummate the Authonty's purchase of the Phase I Parking Garage and recommending approval and execution by the V~rg~n~a Beach Development Authority Public Information: Copies of the Third Supplement to Development Agreement and the Post-Clos~ng Escrow Agreement are on file with the C~ty Clerk's Office. Attachment(s): Ordinance Recommended Action: Approval of Attached Ordinance Submitting Department/Agency. City Attorney City Manager [~... ~G¢3- Item V-I.& - 41 - ORDINANCES/RES OL UTIONS ITEM # 50408 Upon motton by Councdman Jones, seconded by Counctl Lady Wdson, Ctty Councd ADOPTED: Or&nance to APPROPRIATE a total of $10,39 7, 000 tn FY 2001-2002 School Reverston Funds a $&8-Million: FY 2002-2003 School Capital Budget (I) $ 3, 000, 000 (2) $ 2, 000, 000 (3) $3,200,000 (4) $ 400,000 (5) $ 200,000 Telecommuntcatton Infrastructure Replacement Instructtonal Technology Equtpment and Vehtcle Replacement Student Data Management System Landstown Htgh School/Prtncess Anne Pedestrtan Brtdge b $1,59 7,000: Instructional Category (1) $1,400,000 (2) $ 197,000 SOL Incenttve Program Athletic eqmpment Road Vottng 10-0 (By ConsenO Councd Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Councd Members Absent None November 12, 2002 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO APPROPRIATE A TOTAL OF $10,397,000 IN FY 2001-02 VIRGINIA BEACH SCHOOL REVERSION FUNDS, WITH $8,800,000 APPROPRIATED TO VARIOUS SCHOOL PROJECTS IN THE FY 2002-03 CAPITAL BUDGET AND $1,597,000 APPROPRIATED TO THE INSTRUCTIONAL CATEGORY IN THE SCHOOL OPERATING FUND AND THE SCHOOL ATHLETIC SPECIAL REVENUE FUND IN THE FY 2002-03 OPERATING BUDGET 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 WHEREAS, on September 11, 2002, the School Board was presented with a summary financial statement indicatzng that $18,290,278 in unexpended FY 2001-02 School Board appropriations is available to be re-appropriated by the City Council; WHEREAS, of this amount, $400,000 has been previously appropriated by the City Council and $17,890,278 has not been appropriated; WHEREAS, by resolutions dated June 25 and October 1, 2002, the School Board formally requested the City Council to approve the appropriation of $8,800,000 of school reversion funds to the City's FY 2002-03 Capital Budget and $1,597,000 to the School Operating Fund and the School Athletic Special Revenue Fund in the FY 2002-03 Operating Budget for one time only costs for instructional materials for the SOL Incentive Program and equipment; and WHEREAS, the School Board has requested that $7,493,278 remain in the General Fund for CIP projects that will be determined at a later date. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $8,800,000 of Virginia Beach Public School Reversion funds from FY 2001-02 are hereby appropriated from the fund balance of the General Fund to the FY 2002-03 Capital Budget in the amounts and to the projects as set forth below: (a) $3,000,000 to CIP #1-030, "Telecommunication Infrastructure Replacement," for replacement of telephone equipment; 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 (b) $2,000,000 to CIP #1-196, "Instructional Technology," for the Instructional Technology Replacement Program; (c) $3,200,000 to CIP #1-011, "Equipment and Vehzcle Replacement," for replacement of school buses, fleet vehicles, copiers and risographs, bus video camera and custodial equipment; (d) $400,000 to CIP #1-195, "Student Data Management System," for implementation of the Speczal Education Modules for SASI; (e) $200,000 to CIP #1-023, "Landstown High School/Princess Anne Road Pedestrian Bridge"; 2. That $1,400,000 of Virginia Beach Public School Reversion Funds from FY 2001-02 are hereby appropriated from the fund balance of the General Fund to the instructional category of the School Operating Fund in the FY 2002-03 Operating Budget for instructional materials for the SOL Incentive Program. 3. That $197,000 of Virginia Beach Public School Reversion Funds from FY 2001-02 are hereby appropriated from the fund balance of the General Fund to the School Athletic Special Revenue Fund in the FY 2002-03 Operating Budget for equipment. 4. That revenue in the FY 2002-03 Capital Budget is hereby mncreased by $8,800,000, and revenue in the FY 2002-03 Operating Budget is increased by $1,597,000. 61 62 63 64 Adopted by the Council of the City of Virginia Beach, Virginia, on the __1_2__ day of November , 2002. Requires an affirmative vote by a majority of the members of City Council. CA-8676 Noncode/School Reversion Funds.ord.wpd October 25, 2002 R5 Approved as to Content: Management Approved as to Legal Sufficiency: Cmty Attof~r~'ey's O~ffmce - 42 - Item V-I.~. ORDINANCES/RESOL UTIONS ITEM # 50409 Upon motton by Councdman Jones, seconded by Councd Lady Wdson, Ctty Counctl DEFERRED to the City Council Session of November 26, 2002: Or&nance to APPROPRIATE a grant of $15, O00 from the of FRANCIS LAND HOUSE TRUST FUND to FY 2002-2003 operattng budget of the Department of Museums and Cultural Arts re support for programs, events, exhtbtts and general operattng expenses at the Francts Land House and Adam Thoroughgood House Voting 9-1 (By ConsenO Councd Members Vottng Aye Margaret L Eure, Louts R Jones, Richard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay Reba S McClanan Councd Members Absent None November 12, 2002 - 43 - Item V-J. PLANNING ITEM # 50410 1. FOUR PINES ASSOCIATES VARIANCE 2tr DEMER TRIO US KO UL O UKIS STREET CLOSURES b. DAKOTA ASSOCIATES, LLC (MODIFY) c. UNITED JEWISH FEDERATION OF TIDEWATER 3. CHARITY UNITED METHODIST CHURCH CONDITIONAL USE PERMIT 4. THAO L. NGUYEN CONDITIONAL USE PERMIT 5. NEW LIFE PRESBYTERIAN CHURCH CONDITIONAL USE PERMIT 6. A.J. VENTURES, INC. CONDITIONAL USE PERMIT 7. PRINCESS ANNE CO UNTR Y CLUB CONDITIONAL USE PERMIT & JANICE L. ROWLEY CONDITIONAL USE PERMIT 9. TRITON PCS CONDITIONAL USE PERMIT November 12, 2002 - 44 - PLANNING ITEM # 50411 Upon motion by Councdman Jones, seconded by Counctl Lady Wtlson, Cay Counctl APPROVED IN ONE MOTION Items la (DEFERRED) 2a (DEFERRED), 2b (MODIFIED), 2c (EXTENSION), 3, 4, 5, 6, 7, and 9 of the PLANNING BY CONSENT AGENDA Item 1 was DEFERRED INDEFINITEL Y, BY CONSENT Item 2a was DEFERRED TO NOVEMBER 26, 2002, BY CONSENT Item 2b was MODIFIED, BY CONSENT Item 2c EXTENDED COMPLIANCE FOR 90 DA YS (02/11/03) B Y CONSENT Vottng 10-0 (By Consent) Counctl Members Voting Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Voting Nay None Counctl Members Absent None November 12, 2002 Item V-J.2. - 45 - PLANNING ITEM # 50412 Upon motion by Counctlman Jones, seconded by Counctl Lady Wtlson, Ctty Counctl DEFERRED INDEFINITEL Y, Vartance to Sustam 4 4 Subdtvtston Ordtnance that requtres all newly created lots meet the requtrements of the Ctty Zoning Ordtnance (CZO) for FOUR PINES ASSOCIATES, L.L.C. Appeal to Dectstons of Admtntstrattve Officers tn regard to certatn elements of the Subchvtston Ordinance, Subchvtston for Four Ptnes Assoctates, L L C Property ts located at the southwest tntersectton of West Great Neck Road and Adam Keehng Road and contatns 40 46 acres, more or less (GPIN 1499452850) DISTRICT 5 - L YNNHA VEN Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None November 12, 2002 Item V-J.2. a~ - 46- PLANNING ITEM # 50413 Upon motion by Counctlman Jones, seconded by Counctl Lady Wdson, Ctty Councd DEFERRED to the City Council Session of November 26, 2002, apphcatton of DEMERTRIOUS KOULOUKIS for chsconttnuance, closure and abandonment of Admtral Wrtght Boulevard Apphcatton of Demertrtous Kouloukts for the &sconttnuance, closure and abandonment ofa portton of Admtral Wrtght Boulevard located on the east stde of Euchd Street, 450 feet more or less south of Vtrgmta Beach Boulevard Satd parcel contams 15,111 square feet DISTRICT 2 - KEMPSVILLE Vottng 10-0 (By Consent) Councd Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Voting Nay None Counctl Members Absent None November 12, 2002 -47- Item V-J.2 b. PLANNING ITEM # 50414 Upon motton by Counctlman Jones, seconded by Counctl Lady Wtlson, Ctty Counctl MODIFIED DAKOTA ASSOCIATES, LLC closed area (approved August 2 7, 2002 wtth five con&ttons) for the &sconttnuance, closure and abandonment of a portton of Joseph Place Apphcatton of Dakota Assoctates, LLC to mo&fy the portton of Joseph Place closed on August 27, 2002, begtnmng lOO feet more or less north of Mabel Lane, runmng a &stance of 67 63 feet along the eastern property hne and runntng a &stance of103 93feet along the western property hne Said parcel ts 50 06 feet tn wtdth and contatns 3,604 68 square feet DISTRICT 6- BEA CH The followtng con&ttons shall be required The Ctty Attorney's Office will make the final determtnatton regar&ng ownershtp of the underlytng fee The purchase prtce to be patd to the Ctty shall be determtned accor&ng to the Pohcy Regar&ng Purchase of Ctty's Interest tn Streets Pursuant to Street Closures, approved by Ctty Counctl Coptes of the pohcy are avatlable tn the Planmng Department The apphcant shall de&cate right-of-way and construct a cul-de- sac tn heu of the extsttng through street A revtston to the approved construction plan (DSC Ftle #J06-519) shall be submttted for revtew and approval by the Development Servtces Center (DSC) The apphcant shall resub&vtde the property and vacate tnternal lot hnes to tncorporate the closed area tnto the adjotntngparcels and de&cate the ad&ttonal rtght-of way necessary to construct the cul-de-sac Any pubhc uttltty or dratnage easements necessary for the new development shall also be de&cated The plat shall be submitted and approved for recordatton prtor the final street closure approval The apphcant shall vertfy that no prtvate utthttes extst wtthtn the rtght-of-way proposed for closure Prehmtnary comments from the utthty compantes tn&cate that there are no prtvate utthttes wtthtn the rtght-of-way proposed for closure If prtvate utthttes do exist, easements sattsfactory to the utthty company shall be provtded Closure of the rtght-of-way shall be conttngent upon comphance wtth the above stated con&ttons wtthtn 365 days of approval by Ctty Counctl If the con&ttons noted above are not accomphshed and the final plat ts not recorded wtthtn one year of the Ctty Counctl vote to close the rtght-of-way thts approval shall be considered null and votd The apphcant ts only requestmg to mo&fy the area proposed for closure and ts not requesting to mo&fy any of the above con&ttons of the street closure The adopted Or&nance currently descrtbes the area to be closed as "AREA TO BE CLOSED 3, 604 68 SQ FT (0 083 AC)" The apphcant ts requesting to reduce the area to be closed to 3,589 47 SQ FT (0 082 AC) The apphcant and ctty staff concur that theplat should be revtsed to draw the southern boundary of the street closureperpen&cular across the rtght of way, thereby reductng the area to be closed by 15 21 SQ FT (0 001 AC) The mo&ficatton of area requested by the apphcant wtll correct an error on the plat and wtll only reduce the area of the street closure by approxtmately 15 square feet November 12, 2002 - 48- Item V-J.2 b. PLANNING ITEM # 50414 (Continued) Voting 10-0 (By ConsenO Councd Members Votzng Aye Margaret L Eure, Lores R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A. Vdlanueva, Rosemary Wdson and James L Wood Councd Members Voting Nay None Councd Members Absent None November 12, 2002 Item V-J. 2 c. - 49- PLANNING ITEM # 50415 Upon motton by Counctlman Jones, seconded by Counctl Lady Wdson, Ctty Counctl EXTENDED COMPLIANCE FOR 90 DAYS TO MARCH 26, 2003, of a UNITED JEWISH FEDERATION of TIDEWATER {approved November 2 7, 2001, with rune condtttonsJ in the matter of the discontinuance, closure and abandonment ora portton of Morrts Avenue and Katte Brown Drtve Apphcatton of UmtedJewtsh Federatton of Tidewater for extenston of the date for sattsfytng condtttons tn the matter of the dtsconttnuance, closure and abandonment of a portton of Morrts Avenue and a portton of Katte Brown Drive Satd parcels contains 29, 544 square feet and 36, 341 square feet respecttvely DISTRICT 2 - KEMPSVILLE The followtng condtttons shall be reqmred The Ctty Attorney's Office wtll make the final determtnatton regarding ownershtp of the underlytngfee The purchase prtce to be patd to the City shall be determined accor&ng to the Pohcy Regar&ng Purchase of Ctty's Interest tn Streets Pursuant to Street Closures, approved by Ctty Counctl Coptes of the pohcy are avatlable tn the Planntng Department Apphcant must secure title to all porttons of Katte Brown Drtve currently owned by the Commonwealth of Vtrgtnta (as to a portton of the cul-de-sac) and Eugene Taylor, Jr and Anne Taylor, as well as the Ctty of Vtrgtnta Beach The apphcant must secure tttle to all porttons of Morrts Avenue currently owned by the Commonwealth of Vtrgtnta (as to a portton of the cul-de-sac), Edwtn B Ltndsley, Wtlham Albrttton or hts descendants (as to a portion of the cul-de-sac) as well as the Ctty of Vtrgtnta Beach Formal wrttten consent must be provtded by the adjacent property owner on Katte Brown Drtve, Mr Edwin B Ltndsley, stattng hts agreement to thts street closure and alternattve access to hts property Formal wrttten consent must be provided by the adjacent property owners on Morrts avenue, Mr W Letgh Ansell and Mr Edwin B Ltndsley, stattng thetr agreement to thts street closure and alternative access to thetr property The apphcant ts required to resub&vtde the property and vacate internal lot hnes to tncorporate the closed area tnto the adjotntngparcels Theplat must be submttted and approved for recordatton prtor to final street closure approval Alternattve access must be provtded on the street closure plat for the properties tdenttfied as GPIN #1467-82-7483 (Edwin B. Lmdsley), GPIN#1467-92-1260, 1467-92-1213, 1467-92-8268 (Edwin B Lmdsley), and GPIN # 1467-92-1208 (Ansell w Letgh, et aO The apphcant ts requtred to vertfy that no prtvate utthttes extst wtthtn the rtght-of-way proposed for closure Prehmtnary comments from the utthty compames tn&cate that there are no prtvate utthttes wtthtn the rtght-of-way proposed for closure If prtvate uttltttes do extst, easements sattsfactory to the utthty company, must be provtded November 12, 2002 Item V-d. 2 e. - 50- PLANNING ITEM # 50415 (Continued) Closure of the rtght-of-way shall be contmgent upon comphance wtth the above stated condtttons wtthtn ninety (90) days of thts approval by Ctty Counctl on November 12, 2002 If the condtttons noted above are not accomphshed and the final plat ts not approved wtthtn mnety (90) days (2/11/03) of the City Counctl vote to close the rtght-of-way thts approval shall be constdered null and votd Vottng 10-0 (By ConsenO Councd Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Voting Nay None Counctl Members Absent None November 12, 2002 - 51 - Item V-d.3. PLANNING ITEM # 50416 Upon motton by Counctlman Jones, seconded by Counctl Lady Wtlson, Ctty Councd ADOPTED Ordtnance upon apphcatton of CHARITY UNITED METHODIST CHURCH re a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF CHARITY UNITED METHODIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH EXPANSION AND PRESCHOOL RO110231053 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Chanty Umted Methochst Church for a Condtttonal Use Permtt for a church expansion and preschool at the northeast and northwest corners of Chartty Neck Road and Gum Bridge Road (GPIN 2411547132, 2411632857) Satd parcel ts located at 4080 Chartty Neck Road and contatns 3 58 acres DISTRICT 7- PRINCESS ANNE The followtng con&ttons shall be requtred The property shall be developed as shown on the stte plan entttled, "Concept Plan for Chartty Untted Methodtst Church" dated September 23, 2002 by Gallup Surveyors and Engtneers In the locattons shown on the plan, street frontage landscaptng shall be tnstalled to meet current plant spectficattons Shrubs shall be matntamed no htgher than three feet tn areas where stte vtstbthty ts compromtsed [ntertor parktng lot landscaptng shall be added to the parktng area to meet current requtrements. Credtt can be gtven for extsttng trees tn thts area The exact spectficattons shall be determtned durtng the detatled stte plan revtew process Theproposed two-story addttton shall be constructed as depicted on the elevatton entttled, "Chartty Untted Methodist Church, Church School Addttton "dated 10/30/01 The extertor matertals shall be red brtck to match the extsttng butldtng The design, matertals, and colors of the proposed "Famtly Ltfe Center "shall be subject to revtew and approval by the Planmng Dtrector or Destgnee This Ordtnance shall be effecttve tn accordance wtth Sectton 107 O0 of the Zontng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtma Beach, Vtrgtma, on the Twelfth of November, Two Thousand Two Vottng 10-0 (By Consent) Counctl Members Voting Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Vottng Nay None Counctl Members Absent None November 12, 2002 - 52 - Item V-J. 4. PLANNING ITEM tt 50417 The following spoke tn OPPOSITION: Betty Btddle, 4797 Marlborough 23464, Phone 467-4465 Lydta Katser, 3908 Rokedy Avenue, Chesapeake 23325, Phone 523-9822 Upon motion by Councdman Jones, seconded by Councd Lady Wdson, Ctty Councd ADOPTED Ordtnance upon apphcatton of THAO L. NGUYEN for a Condtttonal Use Permtt re a church: ORDINANCE UPON APPLICATION OF THAO L NGUYEN FOR A CONDITIONAL USE PERMIT FOR A CHURCH ROI 10231054 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Orchnance upon Apphcatton of Thao L Nguyen for a Con&ttonal Use Permit for a church on certatn property located on the east stde of Prtncess Anne Road, 208 71 feet south of Green Meadows Drtve (GPIN 1476435202) Satd parcel contatns 1 acre more or less DISTRICT2 - KEMPSVILLE The followtng con&ttons shall be reqmred 1 The fence surroundtng the courtyardshall be no more than four feet tn height The destgn and matertals for the fence surrounding the courtyard and the gate shall be submttted to the Planntng Dtrector for approval during detaded stte plan revtew The landscape plan shall be revtsed to tnclude a planttng area at least five (5) feet in wtdth planted with low shrubs and/or small trees between the fence and Prtncess Anne Road No extsttng vegetatton shall be removed from the buffer areas untd afield inspection ts performed to determtne the locattons for supplemental planttngs o f Japanese black ptne as spectfied A separate hghttngplan shall be submttted aspart of the detaded stte plan for review by the Pohce Department for Crtme Preventton Through Envtronmental Destgn elements Ltghtpoles shall not be more than fourteen (14)feet tn hetght The radtt on the south stde of the entrance shall be tncreased to 35 feet mtntmum and the north stde of the entrance shall be tncreased to 25feet mtntmum Wtth the exception of condtttons 1-6 above, the site shall be developed tn substanttal accordance wtth the stte plan entttled "Prehmtnary Stte Plan for Tin Hau Assoctatton on Princess Anne Road" dated September 25, 2002 and prepared by Burgess & Ntple A copy of thts site plan has been exhtbtted to Ctty Counctl and ts on file tn the Planning Department. 8 No vehicles shall beparked tn the grassed area shown for future Phase Il parktng at any ttme 9 No regularly scheduled events or assembhes shall be held at the shrtne November 12, 2002 Item V-J. 4. PLANNING - 53 - ITEM # 50417 (Continued) 10 11 The butldtng and courtyard shall be developed tn substanttal accordance wtth the archttectural elevattons entitled "Shrtne Sketch Ttn Hau Assoctatton Prtncess Anne Road" prepared by Porterfield Destgn Center A copy of the elevation has been exhtbtted to Ctty Counctl and ts on file tn the Planning Department The stgn shall be monument t_¥pe of stmtlar butldtng matertals tn accordance wtth the Ctt_¥ 's stgn ordtnance Thts Ordtnance shall be effecttve tn accordance with Sectton 107 09 of the Zomng Or&nance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twelfth of November, Two Thousand Two Vottng 10-0 (By ConsenO Counctl Members Votmg Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A. Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None November 12, 2002 - 54 - Item V-J. 5. PLANNING ITEM # 50418 Upon motton by Councilman Jones, seconded by Councd Lady Wtlson, City Counctl ADOPTED Ordtnance upon apphcatton of NEWLIFE PRESBYTERIAN CHURCH for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF NEW LIFE PRESBYTERIAN CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH EXPANSION R0110231055 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of New Life Presbyterian Church for a Conchttonal Use Permtt for a church expanston on the west stde of Dam Neck Road, 750 feet more or less north of Monet Drtve (GPIN 149503684 7) Satd parcel ts located at 3312 Dam Neck Road and contatns 6 3 acres DISTRICT 3 - ROSE HALL The followtng condtttons shall be reqmred The apphcant shall obtatn all necessary permtts, tnspecttons and a Certtficate of Occupancy from the Permtts and Inspecttons Dtvtston of the Planmng Department prtor to occupytng the modular umt (trader) If mtertor alterattons do not vtolate the mdustrtahzed butldtng cert~catton of the untt, then the untt shall comply wtth approprtate sound attenuatton measures for the 70 to 75 AICUZ 2 Sktrttng of a neutral color shall be installed around the base of the modular untt (trader) Category I screemng shall be tnstalled around the base of the modular untt (tratler) except for necessary tngress/egress openings 4 The modular umt (trader) ts approved for apertod not to exceed five (5) years This Ordtnance shall be effective tn accordance wtth Sectton 107 (/) of the Zoning Ordinance Adopted by the Counctl of the Ctty of Vtrgmta Beach, Vtrgmta, on the Twelfth of November, Two Thousand Two Vottng 10-0 (By Consent) Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None November 12, 2002 - 55 - Item V-J. 6. PLANNING ITEM # 50419 Upon motton by Counctlman Jones, seconded by Counctl Lady Wilson, Ctty Councd ADOPTED Ordinance upon apphcatton orA. J. VENTURES, INC. for a Conchttonal Use Permtt ORDINANCE UPON APPLICATION OF A J VENTURES, INC FOR A CONDITIONAL USE PERMIT FOR A CARWASH RO110231056 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of A J Ventures, Inc for a Con&ttonal Use Permtt for a carwash on the south stde of Shore Drtve, 550feet more or less, west of Treasure Island Drive (GPIN 1479870621) Satd parcel ts located at 4357 Shore Drtve and contatns 34,630 square feet DISTRICT 4 - BA YSIDE The followtng conchttons shall be reqmred The stte shall be re-developed substanttally as deptcted on the stte plan entitled, "Prehmtnary &te Plan Coastal Water Works for A d Venture Inv "dated June 17, 2002 by Burgess & Ntple Landscaptng shall be installed as depicted on the stte plan referenced above In addttton to the landscaping shown on the plan, addtttonal Iandscaptng shall be provtded tn the center landscape island, the pervtous area on the northern stde of the butldmg, and the foundatton area on the western side of the butldtng Plant matertals for all new landscaptng shall be chosen from the recommendedplant matertals hst from the Shore Drtve Corrtdor Plan The bud&ng shall be reconstructed as deptcted tn the elevations entttled, "Draft North Elevatton of Coastal Waterworks for A J Ventures, Inc" and "Draft West Elevatton of Coastal Waterworks forA J Ventures, Inc "dated 6-17-02 by Porterfield Destgn Center A structure destgned to stmulate the butldtng deptcted tn the elevattons shall be constructed around the vacuum center The extsttng nonconformmgfreestan&ng stgn shall be removed The new freestan&ng stgn shall be an externally tllumtnated monument style sign no more than etght (8)feet tn hetght and wtdth The base of the stgn shall be constructed of the same colors and matertals as the butldtng Indivtdual letter hetght shall not exceed 12 mches Butldtng stgnage shall comply wtth the Shore Drtve Corrtdor Destgn Gutdehnes 5 Hours of operatton shall be hmtted to 8 30 a m. to 8 30 p m. everyday No water produced by acttvtttes on the zontng lot shall be permitted to fall upon or dratn across pubhc streets or stdewalks or adjacent properties Auto detathng, other than vehicle wtpe-down and window washtng, shall take place wtthtn the butldtng tn the detatl bays Garage doors shall be closed at all ttmes except for transporttng vehtcles tnto and out of the bays 8 No auto repatr beyond vehicle washtngshall takeplace on the stte Thts Ordtnance shall be effecttve tn accordance wtth Section 107 (]) of the Zomng Or&nance Adopted by the Council of the Ctty of Vtrgtma Beach, Vtrgtnta, on the Twelfth of November, Two Thousand Two November 12, 2002 - 56- Item V-J. 6. PLANNING ITEM # 50419 (Continued) Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rwhard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W. Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members Vottng Nay None Councd Members Absent None November 12, 2002 -57- Item V-J. 7. PLANNING ITEM # 50420 Upon motton by Counctlman Jones, seconded by Counctl Lady Wtlson, City Counctl ADOPTED Ordtnance upon apphcatton of PRINCESS ANNE COUNTRY CLUB for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF PRINCESS ANNE COUNTRY CLUB FOR A CONDITIONAL USE PERMIT R 011023105 7 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Prtncess Anne Country Club for a Condtttonal Use Permtt for a golf cart storage facthty on the northeast corner of Holly Road and Ltnkhorn Drtve (GPIN 2418848585, 2418659235) Satd parcel contatns 16,988 square feet DIST.'CT .5 - r x~rxrrr ~,,.~TDISTRICT6 BEACH 1-~11 ¥1¥11z'1 g .~11¥ -- The followtng conchttons shall be reqmred Foundatton landscaptng shall be tnstalled along the enttre budding facade and screen/wall factng Holly Road Thts plant matertal must be a mtntmum of etghteen (18) tnches in hetght at the ttme of tnstallatton and planted at no greater a &stance than four (4)feet on center Satd landscaptng shall be depicted on etther the final stte plan or on a separate landscape plan to be submttted to the Development Servtces Center for revtew No repatr, washtng, storage or matntenance of golf carts or any other vehtcles shall be performed outrode the hmtts of the screened area deptcted on the concept plan The storage of hazardous, flammable or combusttble materials on site, such as waste ods and petroleum products, shall comply wtth the provtstons of the Vtrgtnta Statewtde Ftre Preventton Code 4 All wastewaterfrom cart washtng shall be chsposed ofaccordtng to federal, state and local gutdehnes 5 A Certtficate of Occupancy shall be obtatnedfrom the Butldtng Offictal's Office prtor to occupancy When the property ts developed, the butl&ng shall be constructed tn substanttal conformance wtth the elevattons entttled, "Prtncess Anne Country Club, Cart Barn, Ltnkhorn Elevatton, Holly Road Elevatton, North Elevatton,& East Elevatton," prepared by Dtedrtch/NBA-Archttects, dated August 15, 2002, whtch have been presented to the Ctty Counctl and are on file tn the Department of Planntng The two (2) extsttng mature trees along the northern property hne shall be preserved These trees shall be deptcted on the final stte plan and adequately protected durtng constructton of the proposed facthty Thts Ordtnance shall be effecttve tn accordance with Sectton 107 (jr) of the Zomng Ordinance Adopted by the Counctl of the Ctty of Vtrgmta Beach, Vtrgtnta, on the Twelfth of November, Two Thousand Two November 12, 2002 - 58- Item V-d. 7. PLANNING ITEM # 50420 Vottng 10-0 (By Consent) Councd Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members gottng Nay None Counctl Members Absent None November 12, 2002 - 59- Item V-J.& PLANNING ITEM # 50421 The followtng regtstered tn SUPPORT: Jantce L Rowley, 808 Summerset Lane, Phone 486-7370 Petttton tn SUPPORTchstrtbuted by Mrs Rowley ts hereby made a part of the record Karen Sttllwell, 800 Summerset Lane, Phone 431-0156 Alex Rowley and Andrew Sttllwell, sons and parttctpants on the skateboard ramp The followtng regtstered tn OPPOSITION: Carroll Dohrn, 301 Lots Street, Dtrector of Zontngfor Ktng's Grant Ctvic League Mr Dohrn chstrtbuted Pettttons tn OPPOSITION, whtch are hereby made a part of the record Al Wallace, 4601 Chtppendale Court 23455, Phone 497-2187, Prestdent of Council of Ctvtc Organtzattons Dorothy Anderson, 3000 Mayvtew Place, Phone 486-4165, Prestdent- Ktng's Grant Ctvtc League A MOTION was made by Counctlman Wood, seconded by Council Lady Wtlson to DENY an Ordtnance upon apphcatton of J,4NICE L. ROgYLEY for a Conchttonal Use Permtt re a recreattonal use of an outdoor nature (skateboard ramp) ,4 SUBSTITUTE MOTION was made by Counctlman Vtllanueva, seconded by Counctlman Schmtdt to DEFER to allow the Ctvtc League to meet and vote re the skateboard ramp There wtll be no acttvtty on the ramp unttl the League reaches a dectston Counctlman Vtllanueva I'I"ITHDREYt'his morton Upon morton by Counctlman }Food, seconded by Counctl Lady Wtlson, Ctty Council DENIED an Ordtnance upon apphcatton of J,4NICE L. ROgYLEY for a Condtttonal Use Permtt re a recreattonal use of an outdoor nature (skateboard ramp) ORDINANCE UPON APPLICATION OF JANICE L ROWLEY FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL USE OF AN 0 UTDOOR NATURE (SKATEBOARD RAMP) Ordtnance upon Apphcatton of Jantce L Rowley for a Condtttonal Use Permttfor a recreattonal use of an outdoor nature (skateboard ramp) on the east stde of Summerset Lane, 227 74feet south of New Castle Road (GPIN 14888209082) Satd parcel ts located at 808 Summerset Lane and contatns 15,225 square feet DISTRICT 5 - LYNNHA VEN Vottng 6-4 Counctl Members Vottng Aye Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Rosemary Wilson and James L Wood Counctl Members Voting Nay Rtchard A Maddox, Jtm Reeve, Peter W Schmtdt and Ron A l,'tllanueva Counctl Members Absent None November 12, 2002 SKATEBOARD PETITION I I I You here by agree that the skateboard ramp in the backyard of 808 Summerset Lane shall be allowed to remain there You also agree to the rules that are posted on the fence leading into the backyard You also agree to tell the residem's (the Rowley family) about any requests or problems dealing with the skateboard ramp By signing this petition you grant permission to allow the ramp to remain at above said address ! PETITION ~~ SIC4~~OARD RAMP- ON 808 SUMMERSET DroVE KINGS GRANT CIVIC LEAGUE PETITION OPPOSING THE CONDITIONAL USE PERMIT FOR A LARGE SKATEBOARD RAMP AT 808 SOMERSET LANE. _ IlL PETITION~ ~_ SKA;I'E~OARD RAMP ON 808~SUMMERSET DRIVE NAME ADDRESS KINGS GRANT CIVIC LEAGUE PETITION OPPOSING THE CONDITIONAL USE PERMIT FOR A LARGE SKATEBOARD RAMP AT 808 SOMERSET LANE. KINGS GRANT CIVIC LEAGUE PETITION OPPOSING THE CONDITIONAL USE PERMIT FOR A LARGE SKATEBOARD RAMP AT 808 SOMERSET LANE. KINGS GRANT CIVIC LEAGUE PETITION OPPOSING THE CONDITIONAL USE PERMIT FOR A LARGE SKATEBOARD RAMP AT 808 SOMERSET LANE. ~ J L I I. ~ _ j I IL II KINGS GRANT CIVIC LEAGUE PETITION OPPOSING THE CONDITIONAL USE PERMIT FOR A LARGE SKATEBOARD RAMP AT 808 SOMERSET / LANE. ~.~ KINGS GRANT CIVIC LEAGUE PETITION OPPOSING THE CONDITIONAL USE PERMIT FOR A LARGE SKATEBOARD RAMP AT 808 SOMERSET LANE. KINGS GRANT CIVIC LEAGUE "~o axto 6- .Sc, p~/~l':~iaf,. PETITION OPPOSING THE CONDITIONAL USE PERMIT .-~ b~ra FOR A LARGE SKATEBOARD RAMP AT 808 SOMERSET LANE. 7 PETICI'iONj~i~ SKATEBOARD RAMP ON 805 S'UMMERSET DRIVE NAME ADDRESS c NAME PETITION-~ 'SKATEBOARD RAMP ON 808 SUMMERSET DRIVE . ~DDR - 60 - Item V-J. 9. PLANNING ITEM # 50422 Upon motion by Councilman Jones, seconded by CounctI Lady Wilson, Ctty Counctl ADOPTED Ordtnance upon apphcatton of TRITON PCS, INC for a Condtttonal Use Permit for a 125foot monopole/stadtum hght ORDINANCE UPON APPLICATION OF TRITON PCS, INC FOR A CONDITIONAL USE PERMIT FOR A 125 FOOTMONOPOLE/STADIUM LIGHT ROI 1023108 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordmance upon Apphcatton of Trtton PCS, Inc for a Condtttonal Use Permtt for a 125foot monopole/stadmm hght on the northwest corner of North Great Neck Road and Shorehaven Drive (GPIN 1499818657) Satd parcel ts located at 2425 Shorehaven Drtve and contatns 49 995 acres ~,,o ~ ~ ~ , ., - ,~ ~,o~ , ,~ ,~ DISTRICT5 - L YNNHA VEN The followtng condtttons shall be reqmred The proposed tower and support buddtng shah be developed tn substanttal accordance wtth the stte plan entttled "Triton ~ Cox Htgh School" prepared by Lewts White and Assoctates, dated 03/18/02 A copy of the plan has been presented to Ctty Counctl and ts on file tn the Planntng Department 2 The proposed tower and equtpment shed shall be destgned to accommodate two (2) users The proposed tower shah not exceed 125 feet tn overall hetght and shall be a spun concrete pole that meets or exceeds the structural crtterta tn the Zontng Ordtnance Antennae on the tower shall be flush mounted at or near the elevation shown on the submttted plan Prior to construction, the apphcant shall provtde City staff wtth a letter from a hcensed structural engtneer stattng that the tower, with the planned flush mounted antenna arrays and the stadtum hght fixture, meets the structural standards estabhshed by the Electronics Industry Association and the local Bmldtng Code In addttton to the NIER letter filed wtth thts apphcatton, the apphcant shall also provtde a letter from a hcensed racho frequency engmeer nottng that the cumulattve non-tontztng electromagnettc radtatton emttted from the tower does not exceed, at ground level or at any potnt wtthtn the bleacher area, the lowest apphcable standards estabhshed by the federal government or the Amertcan Nattonal Standards Instttute Unless a watver ts obtatned from the Ctty of Vtrgtnta Beach Department of Commumcattons and Informatton Technology (COMIT), a radto frequency emtsstons study (RF study), conducted by a quahfied engtneer hcensed to practtce tn the Commonwealth of Vtrgtnta, showtng that the tntended user(s) wtll not mterfere wtth any Ctty of Vtrgtnta Beach emergency communtcattons facthttes, shah be provtded prtor to stte plan approval for the ortgtnal tower and all subsequent users In the event interference wtth any Ctty emergency commumcattons facthttes artses form the users of thts tower, the user(s) shall take all measures reasonably necessary to correct and ehmtnate the mterference If the tnterference cannot be ehmtnated wtthtn a reasonable ttme, the user shall cease operatton to the extent necessary to stop the tnterference November 12, 2002 Item V4.9. PLANNING - 61 - ITEM # 50422 (Continued) In the event antennae on the tower are tnacttve for a pertod of two (2) years, the tower shall be removed at the apphcant's expense and replaced wtth a hght pole to match the other hght poles tn place at thts stachum Thts Or&nance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance Adopted by the Counctl of the Ctty of Vtrgima Beach, Vtrgtnta, on the Twelfth of November, Two Thousand Two Vottng 10-0 (By Consent) Council Members Voting Aye Margaret L Eure, Loms R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None November 12, 2002 Item V-K. 1. ELECTION OF VICE MA YOR ITEM # 50423 Mayor Oberndorf requested NOMINATIONS FOR VICE MA YOR. Counctlman Reeve NOMINA TED Margaret L. Eure - Centerville - District 1 Counctlman Schmtdt NOMINA TED Rosemary Wilson - At-Large The first can&date to recetve stx (6) votes, accordtng to Parhamentary Procedure, shall be elected Vtce Mayor Vottng 4-4 Councd Members Voting Aye for Counctl Lady Eure Margaret L Eure, Louts R Jones, Richard A Maddox and Jim Reeve Counctl Members Vottng Nay for Counctl Lady Eure Mayor Meyera E Oberndorf, Peter W Schmtdt Rosemary Wtlson and James L Wood Counctl Members Abstatntng Reba S McClanan and Ron A Vtllanueva, Counctl Members Absent None (City Council ELECTED THE VICE MAYOR PRIOR TO THE VOTE ON PLANNING ITEM J. 8 (ROWLEF) November 12, 2002 Item V-K.2. ELECTION OF VICE MA YOR ITEM # 50424 The first can&date to receive six (6) votes, accor&ng to Parhamentary Procedure, shall be elected Vice Mayor Vottng 4-4 Counctl Members Vottng Aye for Counctl Lady Wtlson Mayor Meyera E Oberndorf, Peter W Schmtdt Rosemary Wtlson and James L Wood Councd Members Vottng Nay for Counctl Lady Wtlson Margaret L Eure, Louts R Jones, Richard A Maddox and Jim Reeve Counctl Members Abstatntng Reba S McClanan and Ron A Vtllanueva, Counctl Members Absent None November 12, 2002 Item V-K. 3. ELECTION OF VICE MA YOR ITEM # 50425 There betng no electron due to the lack of stx affirmative votes, Mayor Oberndorf requested NOMINATIONS FOR VICE MA YOR. Counctlman Vtllanueva NOMINA TED Louis R. Jones - Bayside - District 4 Councilman Schmtdt NOMINATED Rosemary Wilson -At-Large Counctlman Reeve NOMINA TED Margaret L. Eure - Centerville - District 1 The first can&date to recetve stx (6) votes, accor&ng to Parhamentary Procedure, shall be elected Vice Mayor Vottng 5-5 Counctl Members Vottng Aye for Counctlman Jones Louts R Jones, Reba S McClanan Rtchard A Maddox, Mayor Meyera E Oberndorf and Ron A Vtllanueva, Counctl Members Votmg Nay for Counctl Lady Eure Margaret L Eure, Jtm Reeve, Peter W Schmtdt Rosemary Wilson and James L Wood Counctl Members Absent None November 12, 2002 Item V-K. 4. ELECTION OF VICE MA YOR ITEM # 50426 Vottng 4-4 Council Members Vottng Aye for Council Lady Wdson Mayor Meyera E Oberndorf, Peter W Schmtdt Rosemary Wtlson and James L Wood Counctl Members Vottng Nay for Counctl Lady Wtlson Margaret L Eure, Louts R Jones, Rtchard A Maddox and Jtm Reeve Counctl Members Abstatntng Reba S McClanan and Ron A Vtllanueva, Councd Members Absent None November 12, 2002 - 66- Item V-K. 5. ELECTION OF VICE MA YOR ITEM # 5042 7 Vottng 3-5 Councd Members Vottng Aye for Councd Lady Eure Margaret L Eure, Rtchard A Maddox and dtm Reeve Counctl Members Vottng Nay for Counctl Lady Eure Louts R Jones, Mayor Meyera E Oberndorf, Peter W Schmtdt, Rosemary Wdson and James L Wood Councd Members Abstatntng Reba S McClanan and Ron A Vtllanueva, Councd Members Absent None November 12, 2002 - 67- Item V-K. 6. ELECTION OF VICE MA YOR ITEM # 50428 There betng no electron due to the lack of stx affirmattve votes, Mayor Oberndorf called for NOMINATIONS FOR VICE MA YOR. Upon NOMINATION by Councdman Wood, and unantmous vote, Cay Counctl ELECTED: Louis R. Jones. Bayside - District 4 Vice Mayor Vottng 10-0 Counctl Members Vottng Aye Margaret L Eure*, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None Counctl Lady Eure changed her ABSTENTION to a VERBAL A YE November 12, 2002 Item V-L.I. APPOINTMENTS ITEM # 50429 B Y CONSENSUS, Ctty Councd RESCHEDULED thefollowtng APPOINTMENTS FRANCIS LAND HOUSE BOARD OF GOVERNORS November 12, 2002 - 69- Item V-L. 2 APPOINTMENTS ITEM # 50430 Upon NOMINATION by Counctlman Maddox, Ctty Council APPOINTED: Charles & Kiley 3 year term 11/01/02 - 08/31/05 PARKS AND RECREATION COMMISSION Vottng l O-O Counctl Members Vottng Aye Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None November 12, 2002 - 70- Item V-L.3. APPOINTMENTS ITEM # 50431 Upon NOMINATION by Counctlman Wood, Ctty Counctl APPOINTED: Katherine K. Katsias Lynnhaven - District 5 4 year term 01/01/03 - 12/31/06 PLANNING COMMISSION Vottng 10-0 Councd Members Votmg Aye Margaret L Eure, I/tce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Council Members Absent None November 12, 2002 - 71 - Item V-M. 1. NE W BUSINESS ITEM ii 50431 B Y CONSENSUS, City Council ADDED/DIRECTED CITY CLERK TO RECORD: Abstract of Votes in General Election November 5, 2002 November 12, 2002 Item V-N.I. ADJOURNMENT ITEM # 50432 Mayor Meyera E Oberndorf DECLARED the Ctty CounctI Meeting ADJOURNED at 7:45 P.M. Chtef Deputy Ctty Clerk Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta November 12, 2002