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JULY 8, 2003 AGENDACITY COUNCIL MAYOR MEYER.4 E OBERtlDORF. At-Large VICE M/IYOR LOUIS R JONES, Baysute - D~tnct 4 HARRY E DIEZ, EL, Kempsvdle -Dtstrtct 2 MARGARET L EURE, Centervdle -Dtstrtct 1 REBA S McC_,LA~AN. Rose Hall -Dtstrtct 3 RICHARD A MADDOX, Beach -Dtstrtct 6 JIM REEVE, Prtncess Anne -Dtstnct 7 PETER W SCHMIDT. At-Large RON A VILLANUEYA, At-Large ROSEMARY WILSON, At-Large JAbtES L WOOD, Lynnhaven -Dtstrtct 5 JAMES K SPORE, Oty Manager LESLIE L LILLEY, Oty Attorney R~a~I'H HODGES SMITH, MMC, Ctty Clerk CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BE~ICH, WIRGINIA 23456-8005 PHONE (757) 427-4503 FAX (757) 426-5669 E MAIL Ctycncl~vbgov corn 8 July 2003 I, CITY MANAGER'S BRIEFING - Conference Room- Ao RED WING and STUMPY LAKE GOLF COURSES C~ndy Curtis, Director - Department of Parks and Recreation 2:30 PM II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. 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 V. FORMAL SESSION A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend David Howard Pastor Brook 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 July 1, 2003 G. AGENDA FORA FORMAL SESSION H. MAYOR'S PRESENTATION RESOLUTION IN MEMORY OF RODNEY F. POCCESSCHI Mrs. Rodney Poccesschi Chief A. M. Jacocks I PUBLIC HEARINGS 1. ELECTION VOTING PRECINCT name change from PROVIDENCE to EDWIN 2. EXCESS PROPERTY at 2201 East Berrie Circle, D~stnct 4 - Bayslde Jo CONSENT AGENDA Ko ORDINANCES/RESOLUTION 1. Ordinances to AMEND the City Code: a. § 10-1 changing the Election Voting Providence Precinct to Edwin Precinct bo ADD § § 2-23, 2-91 and 2-451.1 re post employment activities of former Council Members, officers, employees and certain appointees . Ordinance to DECLARE EXCESS PROPERTY on a parcel of land from Lake Bradford to Lake Joyce; and; AUTHORIZE the City Manager to convey this property to Yelrah Emit Enterprises, L.L.C. (DISTRICT 4- BAYSIDE) . Ordinances to AUTHORIZE temporary encroachments into portions of the City's right-of- way: 4850 and 4857 Haygood Road by DAVID and DONNA GATLING to construct and maintain a conduit re communication wires for Allsafe Self Storage. (DISTRICT 4- BAYS]DE) Windsor Oaks Boulevard and Independence Boulevard by RAYMOND GOTTLIEB, Manager for SANDLER DEVELOPMENT AT TOWNE SQUARE L.C. to construct and mamtatn irrigation in a new development for single family homes; and AUTHORIZE the City Manager to execute all necessary documents. (DISTRICT 3 - ROSE HALL) Co Atlantic Avenue, 30th Street and the Greenbelt by THIRTY FIRST STREET, L.C. to construct and maintain roof overhangs, balconies, domestic water main, fire main, awning and pavers at the Hilton Resort and Conference Center. (DISTRICT 6 - BEACH) . Resolution to AUTHORIZE the FY2003-04 Performance Contract between Virginia Beach Community Sermces Board (CSB) and V~rginia Mental Health/Mental Retardation/Substance Abuse Services (lVlH/MR/SA) re funding for services. Lo PLANNING Application of GLENDA PALMER for a Conditional Use Permtt re a tattoo parlor (permanent make-up salon) at 3617 Virginia Beach Boulevard. ( DISTRICT 3 - ROSE HALL) Recommendation: APPROVAL i M. APPOINTMENTS ARTS AND HLrMANITIES COM2VIISSION BEACHES AND WATERWAYS COMMISSION DEVELOPMENT AUTHORITY HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) MINORITY BUSINESS COUNCIL PARKS AND KECP~ATION COMMISSION PERFORMING ARTS THEATRE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD SHORE DRIVE ADVISORY COMMITTEE TOWING ADVISORY BOARD YOUTH SERVICES COUNCIL N. UNFINISHED BUSINESS O. NEW BUSINESS P ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 4274303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephomc Device for the Deaf) gw www vbgov com I. CITY MANAGER'S BRIEFING - Conference Room - 2:30 PM A. RED WING and STUMPY LAKE GOLF COURSES Cindy Curtis, Director - Department of Parks and Recreation II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. 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 V. FORMAL SESSION A. CALL TO ORDER - Mayor Meyem E. Obemdorf B. INVOCATION: Reverend David Howard Pastor Brook 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 July 1, 2003 G. AGENDA FORA FORMAL SESSION II I CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3 712 of the Code of Virginia reqmres a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies, and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. MAYOR'S PRESENTATION o RESOLUTION IN MEMORY OF RODNEY F. POCCESSCHI Mrs. Rod_ney Poccesschi Chief A. M. Jacocks WHEREAS, Rodney F Pocceschl, grew up zn the Wilkes-Barre, Pennsylvania area and received a degree tn Cnmznal Justtce from Bloomsburg Unzverszty where he played football, wrestled and began hts career tn law enforcement wtth the University Pohce Department tn 1992, WHEREAS, Rodney F Pocceschi was a devoted husband to Marta and proudfather to 9 month old Carson, the joy of his hfe, WHEREAS, Rodney F Pocceschl was appointed to serve as a Vlrgtma Beach Police Officer on August 8, 1999, where he proudly served and was the rectplent of a Spectal Commendat, on Award for hts work m the estabhshment and tmplementat~on of a successful Commumty Pohcmg tntttatlve destgned to reduce neighborhood crtme, WHEREAS, Officer Poccescht worked &hgently to improve the quahty of hfe for all our cittzens, espectally those of the Fourth Pohce Precinct where he served prtor to jotmng the Special Enforcement Team on June 1, 2003, ~t~EREAS, Officer Rodney F. Poccescht, who served honorably, gave his life on June 23, 2003, while executing his duttes as a Law Enforcement Officer, thus demonstrattng exceptional strength, courage, and valor tn the highest tradttton of the professton and the Vtrgtma Beach Pohce Department, WHEREAS, The Counctl of the City of Vtrgtnta Beach wtshes to express its great sorrow and regret at the tragtc death of this exemplary Pohce Officer, NOW, THEREFORE, BE IT RESOLVED, that the Cay Clerk of the City of Vtrgtnla Beach ts hereby dtrected to prepare a copy of thts resolutton for presentation to the family of Police Officer Rodney F Poccesch~ as an expresston of the high regard tn which he was hem and the affection w,th which he will be remembered by the Members of the Ctty Council, his colleagues and the cztlzens he served Councd Member ~j~g/~f~~n~tlMember Loui Ro~A Vdlanueva, Council Member Rt >er R os e~~o~ ~ Counct i Member Reba S McClanan, Councd Member James ~ood, Counctl Member I 3(~eyera E Ober~'~orf, Mayor //t I. PUBLIC HEARINGS 1. ELECTION VOTING PRECINCT name change from PROVIDENCE to EDWIN 2. EXCESS PROPERTY at 2201 East Berrie Circle, District 4 - Bayside PUBUC HEARING CHANGING THE NAME OF THE PROVIDENCE VOTING PRECINCT CITY OF VIRGINIA BEACH The Crty Council of V~rg~n~a Beach. V~rgmla, at ~s Formal Session on July 8, 2003, at 6.00 p n~., will consider an ordinance to change_the name of the Providence Vobng Precinct The ordinance proposes that the name of the Providence Precinct be changed to "Edwin Precinct" The name change w~ll become effecbve after adoption by City Council, contingent upon approval by the United States Department of Jusl]ce, as required by the Voting R~ghts Act of 1965 A description and maps of the precinct and its boundaries (which will not change), as well as a ; copy of the aforesaid ordinance, may be inspected in the Voter ' Reglstrar's Office, which is located at 2449 Princess Anne Road ,, Mumc~pal Center, Budding 14, Virg;nla Beach, V,rgm[a, 23456 I The Pubhc Hearing will be conducted in the C~ty Councd Chamber, Budding No I at the Muntclpal Center if you are physically d~sabled , or wsually m~pa~red and need assistance at th~s meeting, please call the CITY CLERK'S OFFICE at 427-4303, Heanng Impaired, call TOD only 427-4305 (TDD - Telephomc Dewce for the Deaf). Ruth Hodges Smith. MMC C~ Clerk Beacon Ju,3e 22 ano June 29 2003 10415847 PUBLIC HEARING SALE OF CiTY PROPERTY The V~rgm~a Beach City Council will hold a PUBLIC HEARING oq the dlspositlor~ and sale of approximately 3,002+ SF undeveloped c~ty property to Yelrah Emit Enterprises, L L.C, Tuesday, July 8, 2003 at 6 O0; m, in the Council Chamber of the C~ty Hall Building (Building #1) at the ¥~rg, nla Beach Municipal Center, V~rgmla Beach, Vlrg~ma Both ~arcels are located at 220! East Berne C~rcle and Lot 23 In West Berne Circle in the Berne Garden Section of the Crty (ref GPIN'S 1479-58-2531 and 1479-58-1561) The purpose of th~s hearing wdl be to obtain pubhc input to determine ~'hether this property should be declared "Excess of the City's qeeds' and conveyed to Yelrah Em,~ Enterpnses, L L C If you are physically d'~abled o~ visually ~mpaired and need asses- tance at th~s meeting, please call the CITY CLERK'S OFFICE at 427-4303; Hea~ing impaired, call TDD only 427-4305 (TDD- Tele- phone De¥~e for the Deaf). Any cluestlons concermng th~s matter should be dlrec[ed to the Office of Real Estate, Building #2, Room 392, at the VIrg~n~a Beach MumcF pal Center The Real Estate Office telephone number ~s (757)427-4161 Ruth Hodges Smr~h, MMC City Clerk Beacon June 22 and June 29, 2003 10411639 $. CONSENT AGENDA Ko ORDINANCES/RESOLUTION 1. Ordinance to AMEND the C~ty Code: a. § 10-1 changing the Election Voting Providence Precinct to Edwin Precinct bo ADD § § 2-23, 2-91 and 2-451.1 re post employment activities of former Council Members, officers, employees and certain appointees o Ordinance to DECLARE EXCESS PROPERTY on a parcel of land fi.om Lake Bradford to Lake Joyce; and; AUTHORIZE the City Manager to convey this property to Yelrah Emit Enterprises, L.L.C. (DISTRICT 4- BAYS]DE) . Ordinances to AUTHORIZE temporary encroachments ~nto portions of the City's right- of-way: a. 4850 and 4857 Haygood Road by DAVID and DONNA GATLING to construct and maintain a conduit re communication wires for Alisafe Self Storage. (DISTRICT 4- BAYS]DE) b. Windsor Oaks Boulevard and Independence Boulevard by RAYMOND GOTTLIEB, Manager for SANDLER DEVELOPMENT AT TOWNE SQUARE L.C. to construct and maintain irrigation m a new development for single family homes; and AUTHORIZE the City Manager to execute all necessary documents. (DISTRICT 3 - ROSE HALL) Atlantic Avenue, 30~ Street and the Greenbelt by THIRTY FIRST STREET, L.C. to construct and maintain roof overhangs, balconies, domestic water main, fire main, awning and pavers at the Hilton Resort and Conference Center. (DISTRICT 6 - BEACH) . Resolution to AUTHORIZE the FY2003-04 Performance Contract between Virgima Beach Commumty Servmes Board (CSB) and Virl0nia Mental Health/Mental Retardation/Substance Abuse Services (MI-FM~SA) re funding for services. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MEETING DATE: An Ordinance To Amend and Reordain Section 10-1 of the City Code by Changing the Name of the Providence Precinct to Edwin Precinct July 8, 2003 Background: The Virginia Beach Electoral Board has voted to change the name of the Providence Precinct to Edwin Precinct. This change is intended to clarify the location of the precinct for voters. Considerations' Providence Precinct is currently located at the Kempsville Recreation Center located at 800 Monmouth Lane. Only the name of the precinct will change. The polling location and boundary lines will remain the same. The name change to Edwin Precinctwill become effective immediately, contingent upon approval by the U.S. Department of Justice (required by the Voting Rights Act of 1965). Public Information: As required by Virginia Code § 24.2-306, notice of this proposed name change was published in the newspaper once a week for two consecutive weeks. Voters ~n the precinct will receive new voter cards with the name and address of the polling location. An advertisement will be placed in the newspaper prior to the next election to remind voters and a press release will also be prepared. Budgetary Impact: The cost for the notification of citizens will be $600, which is available in the FY 2003-2004 budget. Recommendations: Adopt the proposed change. Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Voter Registrar; Marlene Claya Hager City Manager: ~ L ~~hL F \Users~LSpencer\Wp\Work~Name change 603 wpd AN ORDINANCE TO AMEND THE CITY CODE BY CHANGING THE NAME OF THE PROVIDENCE PRECINCT TO EDWIN PRECINCT SECTION AMENDED: ~ 10-1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 10-1 of the City Code is hereby amended and reordained to read as follows: Sec. 10-1. Establishment of precincts and polling places. There are hereby established in the city the following precincts and their respective polling places, as set forth below: Precinct Alanton Aragona Arrowhead Baker Bayside Bellamy Blackwater Bonney Brandon Brookwood Buckner Cape Henry Polling Place Alanton Elementary School Kemps Landing Magnet School Arrowhead Elementary School Heritage United Methodist Church Bayside Elementary School Salem Middle School Blackwater Fire Station Center for Effective Learning Brandon Middle School Brookwood Elementary School Holy Spirit Catholic Church Research and Enlightenment Building (Edgar Cayce Library) 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 Capps Shop Centerville Chesapeake Beach College Park Colonial Colony Courthouse Creeds Culver Dahlia Davis Corner Eastern Shore Edinburgh Fairfield Foxfire Glenwood Great Neck Green Run Holland Homestead Hunt Indian Lakes Kings Grant Kingston Back Bay Christian Assembly Centerville Elementary School Bayside Baptist Church College Park Elementary School Colonial Baptist Church Lynnhaven Colony Congregational Church Courthouse Fire Station Creeds Fire Station Ocean Lakes High School Green Run High School Bettie F. Williams Elementary School Eastern Shore Chapel St. Aldan's Episcopal Church Fairfield Elementary School Princess Anne Middle School Glenwood Elementary School All Saints Episcopal Church Green Run Elementary School Holland Elementary School Providence Presbyterian Church Princess Anne Recreation Center Indian Lakes Elementary School St. Nicholas Catholzc Church Kingston Elementary School 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Lake Smith Landstown Larkspur Linkhorn London Bridge Lynnhaven Magic Hollow Malibu Mt. Trashmore North Beach Ocean Lakes Ocean Park Oceana Old Donation Pembroke Plaza Point O'View Providence Edwin Red Wing Rosemont Forest Roundhill Rudee Salem Seatack Bayside Church of Christ Landstown Community Church St. Andrews United Methodist Church Virginia Beach Community Chapel London Bridge Baptist Church Grace Bible Church Roma Lodge No. 254 Malibu Elementary School Windsor Woods Elementary School First Baptist Church of Virginia Beach Ocean Lakes Elementary School Bayside Christian Church Scott Memorial United Methodist Church Old Donation Center for Gifted Pembroke Elementary School Lynnhaven Elementary School Kempsville Church of Christ Kempsville Recreation Center Seatack Elementary School Rosemont Forest Elementary School Salem High School Virginia Beach Volunteer Rescue Squad Building Salem United Methodist Church Seatack Community Recreation Center 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 90 91 92 93 Shannon Shell Shelton Park Sherry Park Sigma South Beach Stratford Chase Strawbridge Thalia Thoroughgood Timberlake Trantwood Village Windsor Oaks Wltchduck Wolfsnare Woodstock Central Absentee Voter Precinct Church of the Ascension Unity Church of Tidewater Shelton Park Elementary St. Matthews Catholic Church St. John the Apostle Catholic Church Contemporary Art Center of Virginia Providence Elementary School Strawbridge Elementary School Thalia Elementary School Independence Middle School White Oaks Elementary School Virginia Beach Christian Church Thalia Lynn Baptist Church Windsor Oaks Elementary School Bayside Presbyterian Church Virginia Beach Christian Life Center Avalon Church of Christ Agriculture/Voter Registrar Building 94 95 96 COMMENT The proposed ordinance changes the name of the Providence precinct to "Edwin" precinct. The change is intended to clarify the location of the precinct. 97 98 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2003. CA-8921 DATA/ORDIN/PROPOSED/10- lord. wpd R1 June 19, 2003 APPROVED AS TO CONTENTS: /Vo ~e r Registr~ APPROVED AS TO LEGAL SUFFICIENCY: Departmen~ f Law~ III CITY OF VIRGINIA BEACH AGENDA ITEM II ITEM: An Ordinance to Amend the City Code by Adding Sections Pertaining to Post-Employment ActMties of Former Council- members, Officers, Employees and Certain Appointees MEETING DATE: July 8, 2003 Background: As part of its legislative package, City Council requested that the General Assembly authorize the City to prohibit former officers and employees from receiwng compensation for services they provide in connection with matters for which they participated personally and substantially as a C~ty employee. Council's concern was that officers and employees may leave City employment and then provide the same services to the city through a contractor. Specifically, City Council asked that the authorization for counties to restrict post-employment activities of former employees be extended to large cities, including Virginia Beach. The requested change was approved by the General Assembly and is effecbve July 1, 2003. Considerations: The legislation permits the City to restrict former officers and employees from receiving compensation for services they provide to any party, including but not limited to the City, ~n connecbon w~th matters for which they personally participated as an officer or employee. The Virginia Code section broadly defines "officers and employees" as including members of City Council, City officers and employees, and individuals who receive monetary compensation for service on City Council-appointed boards or commissions. Public Information: This ordinance will be advertised in the same manner as other Council agenda items are advertised. Alternatives: City Council may adopt restrictions with respect to only (1) officers and employees, (2) former members of Council, or (3) boards and commissions appointees who are financially compensated for their service, or Council may have the restriction apply to any combination of these three categories. The ordinance as written applies to all three categories. · Recommendations: Adopt ordinance. · Attachments: Ordinance and 2003 Acts of Assembly, Chapter 945. Recommended Action: Adoption Submitting Department/Agency: City Attorney City Manager~ l~-. ,'~~ F ~Data~ty\Ord~n~Noncode\02-23 arf wlxl Requested by Councilmember Reba S. McClanan 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 AN ORDINANCE TO AMEND THE CITY CODE BY ADDING SECTIONS PERTAINING TO POST-EMPLOYMENT ACTIVITIES OF FORMER COUNCILMEMBERS, OFFICERS, EMPLOYEES AND CERTAIN APPOINTEES SECTIONS ADDED: §§ 2-23, 2-91, and 2-451.1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 2-23, 2-91 and 2-451.1 of the City Code are hereby added to read as follows: Sec. 2-23. Restrictions on post-employment activities of former members of council. For one (1) year after their terms of office have ended, members of council may not provide personal and substantial assistance for remuneration of any kind to any party, in connection with any .proceedinq, application, case, contract, or other particular matter involvinq the City or an aqency.thereof, if that matter is one in which the former member of council participated personally and substantially as a member of council through decision, approval, or recommendation. COMMENT This section prohibits former councilmembers from being paid to assist any party in connection with any proceeding, application, case, contract, or other matter involving the City or a City agency, for a period of one year from the end of their term of office, if the matter is one in which the former councilmember personally and substantially participated as a councilmember through decision, approval, or recommendation. 27 28 29 3O 31 Sec. 2-91. Restrictions on post-employment activities of former officers and employees. For one (1) year after their terms of office have ended or employment has ceased, City officers and employees may not provide personal and substantial assistance for remuneration of any kind to 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 any party, in connection with any proceeding, application, case, contract, or other particular matter involvinq the City or an agency thereof, if that matter is one in which the former officer or employee participated personally and substantially as a City officer or employee through decision, approval or recommendation. COMMENT This section prohibits former City officers and employees from being paid to assist any party in connection with any proceeding, application, case, contract, or other matter involving the City or a City agency, for a period of one year from the end of their employment, if the matter is one in which the former officer or employee personally and substantially participated as a City officer or employee through decision, approval, or recommendation. Sec. 2-451.1. Restrictions on post-employment activities of certain appointees. For one (1) .... year after their terms of office have ended, appointees of council who received monetary compensation for service on any agency, board, commission, authority, committee, or task force may not provide personal and substantial assistance for remuneration of any kind to any party, in connection with any proceeding, application, case, contract, or other particular matter involvinq the City or an a~ency thereof, if that matter is one in which the former appointee participated personally and 53 54 substantially as a council appointee throuqh decision, recommendation. approval or 55 56 57 58 59 60 61 62 63 64 COMMENT This section applies to Council appointees to any board, commission, agency, authority, committee, or task force who received compensation for their service. Currently, members of the following entities receive compensation: Beaches & Waterways Commission, Board of Zoning Appeals, Chesapeake Bay Preservation Area Board, Personnel Board, Planning Commission, Social Services Board, Virginia Beach Development Authority, and the Wetlands Board. A member of one of these entities will be prohibited from being paid to assist any party in connection with any proceeding, application, case, contract, or other matter involving the City or a City agency, for a period of one year from the end of their term of office, if the matter is one in which the former appointee personally and substantially participated as an appointee through decision, approval, or recommendation. 65 66 Adopted by the City Council of the City of Virginia Virginia, on this day of , 2003. Beach, CA-8909 DATA/ORDIN/PROPOSED/02-23&91ord.wpd R3 June 21, 2003 APPROVED AS TO LEGAL Department of Law VIRGINIA ACTS OF ASSEMBLY- 2003 SESSION CHAPTER 945 ~ln ~4ct to amend and reenact 3~ 15 2-1408 of the Code of ~'trgtnta, relating to activities of former local officers and employees [H1788] Approved March 24, 2003 Be it enacted by the General Assembly of Virginia: 1. That § 15.2-1408 of the Code of Virginia is amended and reenacted as follows: § 15 2-1408 Restrictions on activities of former officers and employees by certain counties and cities The prowsmns of th~s section apply to any county having a population between 48,000 and 50,000; or between 60,000 and 62,000, or to any city having a population of more than 425,000. In any such county or city, the beard ~ ~ governing body, by ordinance, may prohibit former officers and employees, for one year after their terms of office have ended or employment ceased, from providing personal and substantial assistance for remuneration of any land to any party, m connection with any proceeding, apphcat~on, case, contract, or other particular matter revolving the county or city or an agency thereof, if that matter ~s one m which the former officer or employee partmlpated personally and substantmlly as a county or city officer or employee through decision, approval, or recommendation The term "officer or employee," as used ~n th~s section, includes members of t~ beard of supe."¥:se~ local governtng bo&es, county or c~ty officers and employees, and lnchv~duals who receive monetary compensation for service on or employment by agencies, boards, authorities, samtary d~stncts, commissions, committees, and task forces appointed by the beard of :uperv::c. rs local governing body CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Sale of Excess City Property - 2201 East Berrie Circle (Lot 22) and Adjacent Lot 23 West Berrie Circle MEETING DATE: July 8, 2003 Background: Mr Dane Lambert, Manager and Member of Yelrah Emit Enterpnses, L L.C proposes to acquire a portion of a 25' strip of CIty owned property that runs between Lake Bradford and Lake Joyce. The City owned property runs through several subdivisions in the Chesapeake Beach area of the C~ty and was acquired by Virginia Beach from the City of Norfolk July 21, 1967. On December 11, 2001 the City of Norfolk released the reversionary rights and use restriction that were part of the original deed. Mr. Lambert is interested in purchasing approximately 3,002_+ SF (0.069_+ Acre) of the approximately 25' X 120' strip that runs through two parcels of land GPIN #1479-58-2531 (Lot 22) and GPIN #1479-58-1561 (Lot 23) in the Berrie Garden section of the city Council has previously declared portions of the 25' strip as excess and has sold excess to adjacent property owners. The most recent being August 27, 2002, on Pleasure House Road ~n the Chesapeake Beach Section of the city Considerations: The Excess City Owned Real Property Committee reviewed the applicant's request and recommended that the approximately 25' X 120' strip requested be declared excess by City Council and had no objection to its conveyance. The City does not need the land and staff has no objection to declaring the approximately 25' X 120' strip in excess of the City's needs and conveying same to Yelrah Emit Enterprises, L L.C The approximately 25' X 120' stnp of land which runs through the aforementioned parcels contains 3,002+ SF (0.069+_ Acre) and has an appraised value of $9,000 Yelrah Emit Enterprises, L L.C. owns the adjacent property on both sides of the 25' X 120' strip Public Information: Advertisement for public hearing as required by §15.2-1800 of the Code of Virginia and advertisement of City council Agenda Altsmatives: Sell the approximately 25' X120' strip to Yelrah Emit Enterprises, L.L.C. or retain ownership of the subject site. Recommendations: Approve the request subject to the terms and conditions of the agreement. Attachments: Ordinance, Summary of Terms, Location Map, and Plat Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works ! Real Estat~//~ AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING CITY MANAGER TO CONVEY SAME TO YELRAH EMIT ENTERPRISES, L L.C. WHEREAS, the City of Virginia Beach (the "City") acquired title from the City 6 of Norfolk in and to a parcel of real property which included a strip of land 25 feet w~de extending eastwardly from Lake Bradford to Lake Joyce (the "Property") by deed recorded 8 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed 9 Book 1018, at Page 15, as shown on Location Map, attached hereto. 10 WHEREAS, the City Council is of the opinion that a portion of the PROPERTY referenced as "APPROX. 3,002 S.F./0.069AC." as shown on Location Map 1 2 is in excess of the needs of the City of Virginia Beach and should be sold to Yelrah Emit Enterprises, L L.C, and WHEREAS, an appraisal of market value has been prepared by a qualified 15 appraiser and has been delivered to and approved by staff of the City 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA 18 1. That the portion of the Property containing approximately 3,002 19 square feet in area ~s hereby declared to be in excess of the needs 2o of the City and that the City Manager ~s hereby authorized to convey 21 said portion of the Property to Yelrah Emit Enterprises, L.L.C. 2. That the appraised value of NINE THOUSAND DOLLARS ($9,000) is to be the sale price of the portIon of the property 3. That the approximately 3,002 square foot site (the "SIte") shall be conveyed subject to the msubdivision of Lots 22 and 23 to eliminate interior lot lines for each lot This ordinance shall be effective from the date of its adoption. Adopted by the Council of the C~ty of Virginia Beach, Virg~ma, on the day of 8 ,2003. 9 10 CA-8845 PREPARED' June 5, 2003 APPROVED AS TO CONTENT ks APPROVED AS TO LEGAL SUFFICIENCY SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 2201 EAST BERRIE CIRCLE AND LOT 23 WEST BERRIE CIRCLE SELLER: City of Virginia Beach PURCHASER: Yelrah Emit Enterprises, L.L.C. PROPERTY: Approximately 3,002~ SF (0.069-~ Acre) SALE PRICE: $9,000 as per appraisal CONDITIONS OF SALE The Property shall be resubdivided to eliminate interior lot lines for GPIN #1479-58- 2531 and GPIN #1479-58-1561. The Buyer shall submit a site plan for review and approval by the Planning Department prior to any construction. ! I N. GREENW£LL __ L_d- L__L_ _ ~ I I ---- :' [] I J * ~.L.__~ r ------------' "'/~---'~-~ ,--, ~_ ~ -~--~':-~ Fl', I___~ ~!/-7----- ----J ,~- ' ~ ¢, - ' _ ~- i I i~ Cf 2201 H J_ _ _ ~ .~',.~-¢_ ~ -~:- :'] ' : ....... l'--q L~ / II ~'-.I/ I LOCATION MAP ~--..__._ SHOWING - [XCESS CITY OWNED PROPFR'[Y I ! '---____ ADJAC[NI 10 / ~--~2201 EASI BERRIF CIRCLE (1_O1 22) / kOl 23 W[SI BFRRIF CIRCI_[ SCALE: 1" = 200' .,/ ii i i i _-_.[--~ LOT 23 LOT 22 {' ' .......f/' 2201 PIN(F) roPE(r) 32.39' N 05"O5'00' E LOT 2~ LOT22 (Me 25, PC 4) lOT 24 126.33' 25 ' S TRIP HE_R~-B Y VACA ~ AREA = 3,002 SF ~ 0,O69 A~ES GPIN' 14.79-58-2531 AREA = 16,8,.32 SF or 0.386 ACRES LOT 26 mN(r) LOT 25 --,- 36.07' EA $ T BERRIE PIPE(F) PLAT SHOWING TION OF A 25' STRIP OF PROPERTY TO BE VACATED ON LOT 22 AND LOT 25 PLAT OF BERRIE GARDEN '" (MB 25, PG 4) VIRGINIA BEACH, VIRGINIA SEPTEMBER 24., 2002 OWN BY: JBN I .FB: 300, PG 152 { M .S..A., P.C. i i Landscape Architecture - Phnning - Surveying Engineering- Environmental Sciences 5oJ~ ~ousE DVav~, VmC~N]. ~V_.~C~, v^ 2~2-37o8 PHONE (757) 490-92.64 - FAX (757) 490-0634 JOB# 02159 SCALE: 1" = 25' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment Request for David Gatl~ng and Donna Gatl~ng at 4857 Haygood Road MEETING DATE: July 8, 2003 Background: David and Donna Gatling have requested permission to encroach into a portion of Haygood Road for the purpose of boring under the roadway of Haygood Road to install a 1¼" conduit for communication w~res between a new building at 4857 Haygood Road and an ex~st~ng building across the street at 4850 Haygood Road. These two buildings are known as AIIsafe Self Storage. Considerations: Staff has reviewed this request and has no objections to this encroachment from an operational and maintenance standpoint. The conduit w~ll be installed using the jack-and-bore method. No open cut of Haygood Road will be allowed. Public Information: Advertisement of City Council Agenda. Alternatives: Approve the encroachment as requested, deny the encroachment, or add conditions as desired by Council. Recommendations: Staff recommends approval of th~s encroachment subject to the applicant complying w~th conditions set Attachments: Ordinance, Agreement with plat attached, Photos, Locabon Map Recommended Action: Approve request and authorize City Manager to s~gn agreement Submitting Department/Agency: Public Works '~( ~z.~ City Manager~ [/~- · ~)~¢'~z' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Requested by Department of Pubhc Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S RIGHT-OF-WAY OF HAYGOOD ROAD BY DAVID GATLING AND DONNA GATLING, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, DAVID GATLING AND DONNA GATLING desire to construct and maintain a 1¼" conduit for communication w~res upon the C~ty's right-of-way known as Haygood Road WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 2107, Code of Virgima, 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 Virginm, 1950, as amended, DAVID GATLING AND DONNA GATLING, their heirs, assigns and successors in title are authorized to construct and maintain a 1~" conduit for communication w~res upon the City's right-of-way known as Haygood Road as shown on that certain plat entitled "ENCROACHMENT EXHIBIT FOR ALLSAFE SELF STORAGE", a copy of which is on file in the Department of Public Works and 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 28 29 30 31 32 33 34 35 36 of Virginia Beach and DAVID GATLING AND DONNA GATLING (the "Agreement"), which is attached hereto and ~ncorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or h~s authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that th~s Ordinance shall not be in effect untd such time as DAVID GATLING AND DONNA GATLING and the C~ty Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ day of ,2003. 37 38 39 40 41 42 43 44 45 46 47 48 CA- PREPARED June 11, 2003 H \WP8\KENNEDY~ENCS\gatlIng ord wpd ,PROVED AS TO CONTENTS DEPARTMENT APPROVED AS TO LEGAL SUFFI CI EN(~D FORM CITY ATTORNEY 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 .~$h~ day of 20~3 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, the "City", and DAVID GATLING and DONNA GATLING, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, the "Grantee", even though more than one. W I T N E S S E T H: THAT, WHEREAS, the Grantee is the owner of that certain lot, tract or parcel of land designated and described as "Parcel A-3, containing 72,081 sq. ft.", as shown on that certain plat entitled: "Subdivision of the Remaining Portion of Parcel 'A', Aragona Village, Section Six (M.B. 161, Pg. 36)", dated July 8, 1997, and prepared by Gallup Surveyors & Engineers, Ltd., and recorded in the Virginia Beach Circuit Court Clerk's Office in M.B. 262, at Page 66, and being further designated and described as 4857 Haygood Road, Virginia Beach, VA 23455; and WHEREAS, it is proposed by the Grantee to construct and maintain a 1%" conduit for communication wires, a "Temporary Encroachment" in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Haygood Road, the "Encroachment Area"; and the Grantee has requested that the GPIN: 1478-14-5868 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 is hereby acknowledged, the City doth grant to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the 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: "ENCROACHMENT EXHIBIT FOR ALLSAFE SELF STORAGE", dated April 10, 2003, 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 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 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 agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works for final approval. It is further expressly understood and agreed that the Grantee must obtain a right-of-way permit from the Development Services Center of the Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee 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 3 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 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 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 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, DAVID GATLING and DONNA GATLING, 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 Clerk (SEAL) ATTEST: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: this CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager David Gatling Donna Gatling -~ The foregoing instrument was acknowledged before me day of , 20 , by , City Manager/Authorized Designee of the City Manager, on behalf of the CITY OF VIRGINIA BEACH. He/She is personally known to me. 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 , City Clerk/Authorized Designee of the city Clerk, on behalf of the CITY OF VIRGINIA BEACH. He/She is personally known to me. Notary Public My Commission Expires: STATE OF ~ CITY/COUNTY this , to-wit: The foregoing_instrument was acknowledged before me ~ day of ~~ , 20~- , by DAVID GATLING and DONNA GATLING, husband and wife. My Commission Expires: APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY APPROVED AS TO CONTENT ~ITY REAL ESTATE AGENT m -r ~ Ji X ,,,o~ u. I.l.I 'f--to.o~ _-- "~'/"~ ..~~A ~~'~;~'~i~'~ ~~~ ~PROX. LO~TION OF PROPOSED ~ ~. CONDUIT ENCROACHMENT FOR ~ DAVID AND DONNA GATLINO (ALLSAFE SELF STOOGE) ¢~Q Al 405O & 4857 HAYGOOD ROAD 5'~~ ALL.RAFE.DGN M.J.S. PREPARED BY P/W ENG. CADD DEPT. APR/L 29, 2003 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment Request to construct and maintain irrigation in City right-of-way MEETING DATE: July 8, 2003 Background: Mr Raymond Gottlieb, Manager on behalf of Sandier Development at Towne Square, L.C. desires to construct and maintain ~rrigation in the City's right-of-way at Windsor Oaks Boulevard and South Independence Boulevard. Th~s is a new development that will be single family homes Considerations: City Staff has rewewed the requested encroachments and has recommended approval of same, subjected to certaIn condibons outlined in the agreement Public Information: Advertisement of City Council Agenda Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. Recommendations: Approve the request, subject to the terms and conditions of the agreement Attachments: Ordinance, Location Map, Agreement, Plat, and Pictures. Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works I Real Estate City Manager: (~ ~' ~~ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHT-OF-WAY AT WINDSOR OAKS BOULEVARD AND SOUTH INDEPENDENCE BOULEVARD BY SANDLER DEVELOPMENT AT TOWNE SQUARE, L.C., ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Sandler Development at Towne Square, L.C., desmres to construct and mamntain mrrmgatlon mnto the Cmty's right- of-way located at Windsor Oaks Boulevard and South Independence Boulevard. WHEREAS, City Councml ms authorized pursuant to §~ 15.2- 2009 and 15.2-2107, Code of Virgmn~a, 1950, as amended, to authormze a temporary encroachments upon the Cmty's rmght-of-way sub]ect to such terms and cond~tmons as Councml may prescrmbe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authormty and to the extent thereof contamned mn ~§ 15.2-2009 and 15.2-2107, Code of Vmrgmnla, 1950, as amended Sandler Development at Towne Square, L.C., assmgns and successors mn tmtle are authorized to construct and mamntain a temporary encroachment for mrrmgatmon mn the Cmty's rmght-of-way as shown on the map entmtled: "EXHIBIT SHOWING IRRIGATION ENCROACHMENT AT TOWNE SQUARE VIRGINIA BEACH, VIRGINIA SCALE: 1" = 30' APRIL 28, 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 2003", a copy of whmch is on fmle mn the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and crmter~a contamned in the Agreement between the Cmty of Vzrglnla Beach and Sandler Development at Towne Square, L.C., (the "Agreement") which zs attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authormzed desmgnee ms hereby authorzzed to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordmnance shall not be mn effect until such tmme as Sandler Development at Towne Square, L.C. and the City Manager or hzs authorized designee execute the Agreement. Adopted by the Council of the City of Vzrgznia Beach, Virglnma, on the day of , 2003. 42 43 44 45 46 47 48 49 50 51 52 CA-% gsalmons/stownesquare/ord. R-1 PREPARED: 06.12.03 LOCATION MAP SHOWING ENCROACHMENT REQUESTED BY SANDI_ER DEVELOPMENT AT TOWNE .~~! SQUARE, L.C. INTO CITY RIGHT-OF-WAY NDEPENDENCE BOULEVARD AND WINDSOR OAKS BOULEVARD g?~ TOWN SQUARE DGN MJ S PREPARED BY PAN ENG CADD DEPT JAN 2, 2003 PREPARED BY VIRGINIA BEACH CITY ATFORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-81 l(a)O) AND 58.1-811 (e)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this ~'~ day ,2003, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and SANDLER DEVELOPMENT AT TOWNE SQUARE, L.C., ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WI TNE S SETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "PARCEL 'A', PARCEL 'B', PARCEL 'C', PARCEL 'D', PARCEL 'E', PARCEL 'F', PARCEL 'G' PARCEL 'H'", as shown on "SUBDIVISION OF A PORTION OF THE MAST FARM AS SHOWN IN M.B. 251 - PG. 88 AND M.B. 259 - PG. 48 VIRGINIA BEACH, VIRGINIA", as recorded in M.B. 305, at page 5 in the Clerks Office of the Circuit Court of the City of Virginia Beach, Virginia and being further designated and described as Windsor Oaks Boulevard and South Independence Boulevard; WHEREAS, it is proposed by the Grantee to construct and maintain irrigation, "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 right of way known as Windsor Oaks Boulevard, "The Temporary Encroachment Area"; and GPIN: 1486-02-4677 WHEREAS, the Grantee has requested that the City permit a Temporary Encroachmem 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 is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachmem Area for the purpose of constructing and maintaining the Temporary Encroachrnem. 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 onthat certain plat emitled: "EXHIBIT SHOWING IRRIGATION ENCROACHMENT AT TOWNE SQUARE VIRGINIA BEACH, VIRGINIA SCALE: 1" = 30' APRIL 28, 2003," 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 Encroachmem herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachmem must be removed from The Encroachmem 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 agems 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 submit and have approved a traffic control plan before commencing work in The Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a fight of way permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in 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 endorsemems 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 City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereofto 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, the said Sandler Development at Towne Square, L.C. has caused this agreemem to be executed by Raymond Gottlieb, Manager of Sandler Developmem at Towne Square, L.C., a Virginia liability company, with due authority to bind said liability company. Further, that the City of Virginia 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 SANDLER DEVELOPMENT AT TOWNE SQUARE, L.C. /' ,/ Raymond Gottlieb, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ,2003, by c~" day of , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2003, by RUTH HODGES SMITH, MMC, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public CITY/COUNTSPOF ~//~~ to-wit: 0 The foregoing instrumem was acknowledged before me this -'-~~~ ,2003, by Raymond Gottlieb, Manager on behalf of Sandler Development at Towne Square, L.C My Commission Expires: ~r~/~/~ ~ Notary Pub~/c APPROVED AS TO LEGAL SUFFIC~Y CITY ,~TT'-ORNEY APPROVED AS TO CONTENT REAL ESTATE AGENT Rev 07 24 02 NOW OR FORMERLY CITY OF VIRGINIA BF__ACH o ,~, D.EI. 22,32, P 1 (;;PIN 1476-84-41 ~o~_~.? o Exhibit "A" WIN~ OAK8 BOULEVARD 95' ,~D v,~. R/W (M.Ed. 3OS, P. ~-)// 2" IRRIGATION LINE WITH DIRECTIONAL SPRAY HEAD 2" IRRIGATION LINE WITH FIXED SPRAY HEAD EXHIBIT SHOWING IRRIGATION ENCROACHMENT AT TOWNE SQUARE VIRGINIA BEACH, VIRGINIA SCALE: 1" = 30' APRIL 28, 2003 SHEET 1 OF 9 L MATCH LINE - SEE SHEET 1 2" IRRIGATION UNE WITH FIXED SPRAY HEAD EXHIBIT SHOWING IRRIGATION ENCROACHMENT AT TOWNE SQUARE VIRGINIA BEACH, VIRGINIA SCALE 1" = ,30' APRIL 28, 2003 SHEET 2 OF 9 _ MATCH LINE - SEE SHEET 4 _ UJ fl LL Z II UTILrrY ESMT. --~ ..140' UTILITY N65'52'O3"W MATCH LINE- SEE SHEET 2 N65'52'O3'W 122.50' d 1.1.1 b.. ~1'-~ ,,.~ I 2" IRRIGATION UNE WITH FIXED SPRAY HEAD EXHIBIT SHOWING IRRIGATION ENCROACHMENT AT TOWNE SQUARE VIRGINIA BEACH, VIRGINIA SCALE 1" = .:30' APRIL 28, 200;.3 SHEET 3 OF 9 · =, MATCH LINE - SEE SHEET II III I1! II ~ II ~ II I I II I I I ~' o ~-,~J~ I I oao~ I I ~ ~zz~a~ ~zz~ II ~o I II I ~ ~ 2" IRRIGA~ON UNE ~ ~ : m W~ RXED SP~Y H~ m x ~ I ~ ~ II I EXHIBIT SHOWING ~ I ~ II I IRRIGATION ENCROACHMENT ~~ ' I AT ~ I ~ II TOWNE SQUARE ~ I ~ II I . VIRGINIA B~CH, VIRGINIA ~ II I APRIL 28, 2003 ~ I m ~ II SCALE: 1 = 30' I ~ II I I 0 II I SHE~ ~ OF 9 ~ I 0 ~ II ~ ~o I ~ I I CAI~Y ~NE ~ =~'== =i ~ = =EXIST. i ~l MATCH UNE - SEE SHE~ 3 , U3 oO n ~,_h (:3r ' ! ooo~_z ~zZ~C3~ MATCH LINE - SEE SHEET 6 12.00' II SAN SEWER ESk, IT. (INST R. ~200304140057195) / I II ~ -- =j= ==(,~= ~ ~-EXIST. I II , 15' UTILITY ESMT. JJ M.B so5, P. 4-~2 II II II 8# MATCH LINE - SEE SHEET 4 2" IRRIGATION UNE WITH FIXED SPRAY HEAD EXHIBIT SHOWING IRRIGATION ENCROACHMENT AT TOWNE SQUARE VIRGINIA BEACH, VIRGINIA SCALE: 1" = 30' APRIL 28, 2005 SHEET 5 OF 9 .-, ~, MATCH LINI= - SI=E SHEET 7 I 1"'3.,~j J· '~1°°' ii '<~ ~z ~ II I - - '" I II I '" I II I ,¢ I II I I II I I .~, II I I t3 . II I I ~;" !1 I I '"' I I ~)'~ I I md I _i ?~° ~°-'< ~ ~ I '"~ _-" 2.o ~,,,', °~" z~ I ~,o~.,.,~~ ""' _o o ,,, ~- ~-~ = · z ~ o · J I II I I II I I II I I II I MATCH LINE - SEE SHEET 5 I>' 2" IRRIGATION LINE WITH FIXED SPRAY HEAD EXHIBIT SHOWING IRRIGATION ENCROACHMENT AT TOWNE SQUARE VIRGINIA BEACH, VIRGINIA SCALE: 1"= ,30' APRIL 28, 200~ SHEET 6 OF 9 L~J N6' 477, MATCH LINE- SEE SHEET 6 PARCEL E M.B. ,305. P 4-12 S64'54'29"E 536.19' 2" IRRIGATION LINE WI'IH FIXED SPRAY HEAD S65'52'23"E 199.29' EXHIBIT SHOWING IRRIGATION ENCROACHMENT AT TOWNE SQUARE VIRGINIA BEACH, VIRGINIA SCALE' 1" = 30' APRIL 28, 200,3 SHEET' 7 OF 9 4O' UTILITY ESMT M.B. 305, P 4-12 I MATCH LINE SEE SHEET 3 I I>I MATCH LINE SEE SHEET 4 PARCEL H-1 INST. ~200210093046515 NOW OR FORMERLY SANDLER DEVELOPMENT AT TOWNE SQUARE, I..LC. D.B. 4675,P. 1069 GPIN 14-86-03-9094 2' IRRIGATION UNE WITH FIXED SPRAY HEAD MATCH LINE SEE SHEET 3 MATCH LINE SEE SHEET 4 40' UTILITY ESMT -- M.B. 305, P 4--12 PARCEL G MB. 505, P 4-12 NOW OR FORMERLY SANDLER DEVELOPMENT AT TOWNE SQUARE, L L.C. D B. 4-675, P 1069 GPIN 14-86-12-3970 EXHIBIT SHOWING IRRIGATION ENCROACHMENT AT TOWNE SQUARE VIRGINIA BEACH, VIRGINIA SCALE' 1" = 50' APRIL 28, 2003 SHEET 8 OF 9 15' UTILFI'Y ESMT. (MB 305, P. 4.-12 "i PARCEL H-1 I NST.~?.O021009504.6515 NOW OR FORMERLY SANDLER DEVELOPMENT AT TOWNE SQUARE, I_LC. D.B. 4.675,P. 1069 (:;PIN 1486-0,3-9094 MATCH LINE- SEE SHEET 5 · - 2" IRRIGATION UNE WITH F1XED SPRAY HEAD MATCH UNE - SEE SHEET 5 35' UTILITY ESMT (~ B 305, P 4--12 PARCEL G M.B. 505, P. 4-12 NOW OR FORMERLY SANDLER DEVELOPMENT AT TOWNE SQUARE, L.L C. D.B. 4-675,P. 1069 (;PIN 14.86-12-3970 EXHIBIT SHOWING IRRIGATION ENC,~.OACHM ENT TOWNE SQUARE VIRGINIA BEACH, VIRGINIA SCALE: 1" = 30' APRIL 28, 2003 SHEET 9 OF 9 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment Request to construct and maIntain roof overhangs, balconies, domestic water main, fire main, awning, and pavers MEETING DATE: July 8, 2003 Background: Thirty First Street, L.C. has requested permission to encroach into the City right-of- way for the purpose of constructing and maintaining roof overhangs, balcomes, domestic water main, fire main, awning, and pavers. Thirty-First Street, L.C. w~ll be leasing the property from the City of Virginia Beach Development Authority. Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subjected to certain conditions outlined ~n the agreement. Public Information: Advertisement of City Council Agenda Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council Recommendations: Approve the request subject to the terms and conditions of the agreement. Attachments: Ordinance, Location Map, Agreement, Plat, and Pictures Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works ! Real Estate 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Requested by Department of Publmc Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHTS-OF-WAY AT ATLANTIC AVENUE, 30TM STREET, AND THE GREENBELT BY THIRTY-FIRST STREET, L.C., ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Thlrty Fmrst Street, L.C., desmres to construct and malntamn roof overhangs, balconzes, domestmc water mamn, fmre main, awnmng, and pavers mnto the Czty's rzghts-of-way located at Atlantzc Avenue, 30th Street, and the Greenbelt. WHEREAS, Czty Counczl ms authormzed pursuant to ~ 15.2- 2009 and 15.2-2107, Code of Vmrglnma, 1950, as amended, to authorzze temporary encroachments upon the Czty's rzghts-of-way subject to such terms and condmtmons as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authormty and to the extent thereof contamned mn ~ 15.2-2009 and 15.2-2107, Code of Vmrginia, 1950, as amended Thmrty-First Street, L.C., assmgns and successors mn title, are authormzed to construct and mamntazn a temporary encroachment for roof overhangs, balconmes, domestmc water mamn, fmre main, awnzng, and pavers mn the City's right-of-ways as shown on the map entitled: "HILTON RESORT AND CONFERENCE CENTER VIRGINIA BEACH, VA THIRTY FIRST STREET LC", a copy of which is on fmle mn the 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained ~n the Agreement between the City of Virginia Beach and Thirty-First Street, L.C., (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 t~me as Thirty-First Street, L.C. and the C~ty Manager or his authorIzed designee execute the Agreement. Adopted by the Council of the City of V~rglnla Beach, Virginia, on the day of , 2003. 40 41 42 43 44 45 46 47 48 49 5O CA-# gsalmons/31st/ord. R-1 PREPARED: 07.01.03 DEPARTMENT APPROVED AS TO LEGAL CITY ATTORNEY LOCATION LOCATION MAP SHOWING ENCROACHMENT REQUESTEDBY THIRTY-FIRST STREET, L.C. INTO CITY RIGHT-OF-WAYS ATLANTIC AVENUE, 30th STREET & THE GREENBELT SCALE: 1" = 200' PREPARED BY P/W ENG. DRAFT 18-JUN-2003 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 day of , 2003, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor and Grantee, for purposes of indexing, "City", and THIRTY-FIRST STREET, .L.C., Grantee, its ASSIGNS AND SUCCESSORS IN TITLE, "Contract Lessee", even though more than one. WI TNE S SETH: WHEREAS, the City of Virginia Beach Development Authority is the owner of that certain lot, tract, or parcel of land designated and described as "Block 73 Lots 1 tt~ru 6", as shown on that certain plat entitled, "Property of Virginia Beach Development Co., Virginia Beach Va. North of25~ St. ", as recorded in M.B. 3, at page 177 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and being further designated and described GPIN #2428-02-7087-0000; WHEREAS, the Contract Lessee is the lessee and it is proposed by the Contract Lessee to construct and maintain roof overhangs, balconies, domestic water main, fire main, awning, and pavers, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Contract Lessee encroach into portions of existing City rights of way known as Atlantic Avenue, 30t~ Street, and the Greenbelt, "The Temporary Encroachment Area"; and GPIN: 2428-02-7087-0000 WHEREAS, the Contract Lessee 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 Contract Lessee 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 Contract Lessee permission to use The Encroachment Area for the purpose of constructing and maintaining the 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 entkled: "HILTON RESORT AND CONFERENCE CENTER VIRGINIA BEACH, VA THIRTY FIRST STREET LC", 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 Contract Lessee, and that within one hundred and eighty (180) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Contract Lessee; and that the Contract Lessee will bear all costs and expenses of such removal; and that the Grantor shall promptly issue all necessary permits for said removal to ensure that the Contract Lessee may complete the removal within the time period set forth herein. 2 Provided however, nothing here in shall prohibit the City fi.om immediately removing, or ordering the Contract Lessee to remove, all or any part of the encroachment in the event of an emergency or public necessity. It is further expressly understood and agreed that the Contract Lessee 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 Contract Lessee. It is further expressly understood and agreed that the Contract Lessee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Contract Lessee must submit and have approved a traffic control plan before commencing work in The Encroachment Area. It is further expressly understood and agreed that the Contract Lessee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Contract Lessee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Contract Lessee must post sureties, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Contract Lessee must obtain and keep in 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 Contract Lessee 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 Contract Lessee 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 Contract Lessee 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 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 Contract Lessee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Contract Lessee to remove the Temporary Encroachment; and pending such removal, the City may charge the Contract Lessee for the use of The Encroachment Area, the equivalem of what would be the real property tax upon the laud so occupied if it were owned by the Contract Lessee; 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 Encroachmem is allowed to continue thereatter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Thirty-First Street, L.C. has caused this agreement to be executed on its behalf by Brace L. Thompson, Manager of Thirty-First Street, L.C., a Virginia limited liability company, with due authority to bind said limited liability company. 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 hereumo affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH (SEAL) ATTEST: By City Manager/Authorized Designee of the City Manager City Clerk THIRTY-FIRST STREET, L.C. BY PROFESSIONAL HOSPITALITY RESO .I~e,~.- MANAGER/MEMBER fBruce ?~ompson, CEO/President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing insmanent was acknowledged before me this ~ day of . ,2003, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrumem was acknowledged before me this ~ day of ,2003, by RUTH HODGES SMITH, MMC, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public STATE OF ~vt ~ ~ o, .a, CITY/COUNTY OF ~/\ C,'~ ~ .~ ~ ~)to-wit: The foregoing instrumem was acknowledged before me this ~ day of ~t~ ,2003, by Bruce L. Thompson, CEO/President on behalf of Thirty-First Street, L.C., by Professional Hospitality Resources, Inc., Manager/Member. Notary Public My Commission Expires: APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY TyPRO~D AS TO CONTEN~ REAL ESTATE AGENT[ Exhibit "A" ATLANTIC OCEAN _ ~, } - ,,~~ .' = 259 -- v-PAVERS AND TEMPORARY ROOF OVERHANG 45' ~ -c:, \AWNING STRUCTURES ABOVE GRADE .-~ 'o t e,~ ~14' ABOVE GRADE ~ ~ '-- / / "' "' / 20'-----r~-- -= / ~->'~>- ,-, w; EAST PROPERTY LINE ~-I ~1 UNDERGROUND ~ .... .~l I 2' : __~m ~ ~,lI' I~:~ TiC ~v[~U£ / / ~. ATLANTIC AYENU£ W T P P 'Ih' --/ !, . / ,~,.. ~~- /.~ :. ~ ABOVE GRADE ABOVE GRADE I '~ , HILTON RESORT AND CONFERENCE CENTER VIRGINIA BEACH, VA ~ ~/~.~~ THIR~ FIRST STREET LC ~~ s~ ~,~ 9~s~c~ C P ~,~ 6 / 26 ENCROACHMENTS D~w~ JAW JO~ ~o 1777 2 SKC-1 c~c~o CP SC~L~ 1 "=50' SHT I ROOF OVERHANG ENCROACHMENT TEMPORARY AWNING ENCROACHMENT EAST PROPERTY LINE LOOKING SOUTH SOUTH PROPERTY LINE LOOKING WEST WEST PROPERTY LINE LOOKING SOUTH TEMPORARY ENCROACHMENT INTO GREENBELT CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Approving the FY 2003-2004 State Performance Contract Between the Virginia Beach Community Services Board and the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services MEETING DATE: July 8, 2003 · Background: The Commonwealth of Virginia provides funds for public mental health, mental retardation and substance abuse services through the performance contract with local community services boards. The contract requires Iocahties to identify in detail how funds will be utilized and the number of persons to be served with State, federal and Medicaid funding. It also contains a number of outcome and patient information reporting requirements. · Considerations: The expense of paperwork and reporting requirements associated with the performance contract remains a concern; however, the contract provides a substantial amount of funding needed to maintain important services. As required by law, the Community Services Board endorsed the performance contract at its June 26, 2003 meeting. Since the contract itself ~s more than 50 pages, a summary ~s enclosed with the proposed resolution. · Public Information: Public comment on the contract was solicited for 30 days, pursuant to Code of Virginia §37.1-198. Copies of the proposed contract were placed in a number of Iocabons around the City, including CSB offices, the Central Library and the C~ty Clerk's Office, and was made available through the City's intemet site. · Alternatives: Pursuant to Code of Virginia §37.1-198, if City Council does not approved the proposed performance contract by September 15, 2003, the contract shall be deemed approved. Rejecting the performance contract would mean losing millions of dollars in state and federal funding. · Recommendations: It is recommended that City Council adopt the attached resolution approving the FY 2003-2004 State Performance Contract between the Virginia Beach Community Services Board and the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services. · Attachments: Resolubon and Summary of Performance Contract Recommended Action: Adoption of Resolution Submitting Department/Agency: Department of MH/MR/SA ~ City Manager~ ~ ,~~ F:\Data~ATY~Ord,n~I~ON~(Z)DE~harf wpd 10 11 12 13 A RESOLUTION APPROVING THE FY 2003-04 PERFORMANCE CONTRACT BETWEEN THE VIRGINIA BEACH COMMUNITY SERVICES BOARD AND THE VIRGINIA DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby approves the FY 2003-04 performance contract between the Virginia Beach Community Services Board ("CSB")and the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services, which provides state- controlled and performance contract funding to the CSB. 14 15 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2003. CA-8926 Ordin/Noncode/mhord. wpd R-1 June 18, 2003 APPROVED AS TO CONTENT: ~ommun~y ~e~vi~es Board APPROVED AS TO LEGAL SUFFICIENCY: City Atto DATE: June 3, 2003 TO: FROM: SUBJECT: Citizens of Virginia Beach Martha S. McClees, Virginia Beach Community Services Board Chair FY 2004 Community Services Performance Contract This summary of the proposed SFY 2004 (July 1, 2003 - June 30, 2004) Community Services Performance Contract that makes Performance Contract funds available for locally provided public mental health, mental retardation, and substance abuse services is provided for your review and comment. This summary addresses only Performance Contract funds. Several items should be noted regarding this proposal: 1. While there has been significant reduction in the number of forms required for the contract and subsequent reports, there remain substantial reporting and administrative requirements placed on the CSB. 2. Proposed funding distribubon reflects both operational and administrative support costs; 3. Funding and Service Levels account for a 10% reduction in State Funding. The following is a summary of the core services and covered MR Waiver services, units of service, and proposed funding levels supported by Performance Contract dollars. FY 2004 Community Services Performance Contract Proposal Summary z .~ f Proposed # of Program Service Unit Fund!n~l Units of Service Consumers Mental Health , Emergency Services $871,519 9,000 Ho,urs 1,140 _Outpabent Serwces $1,129,617 8,400Hours 940 Intensive In-Home $142,778 1,500Hours 18 Case, Mana~lement Services $1,407,357 24,000Hours 1,140 Rehabd,tabon $1,025,416 120,000 Hours 300 Trans,~bonal/Supported Employment $ 84,974 1,500 Hours 32 AIternabve Day Support Arrangements $ 62,110 2,550 Bed Days 18 Supportive Services (Residential 581 / $899,029 12,500 Hours 103 ,, D~schar~le Assistance Project $330,121 Various Umts 8 Chddren w~th SED Non-CSA Mandated $340,539 Various Umts 90 Mental Retardation I Case Mana~lement Serwces $1,169,404 18,928 Hours I 385 Rehab~l~tabon $286,505 10,351 Hours 13 Famd¥ Support 136,806 N/A 309 Supporbve Serwces (Residential) $644,971 21,499 Hours 28 Transitional or Supported Employment $111,441 2,184 Hours 27 ,, Supervised Res~denbal Services $715,429 2,803 Bed Days 8 H~ghly Intensive Remdenbal $909,439 2,767 Bed Days 8 Home and Commumty Based Waiver $4,862,849 Various Umts 458 Services *Bdlable Un~ts as Defined by Med~cmd Substance Abuse I Outpatient $602,452 7,200 475 Da)/Treatment/Part Hosp $448,954 14,630 120 H~ghly Intensive (Res~denba!) $707,910 2,475 525 Jarl-Based Habd~tabon $519,701 27,700 320 Supporbve Res~denbal Services $359,551 7,500 150 Facd~t¥ Admission D~vers~on Project $121,530 Various Un~ts 52 Prevenbon $1,200,647 20,800 N/A ~,dmimstration [ Adm~n~strabve Support 1,990,921 NA J NA The full proposal Is avadable for rewew and public comment beg~nmng June 5, through July 4 at the following locations Department of MHMRSA Administrative Offices Pembroke 6, Suite 208 Phone 437-5760 C~ty of Virginia Beach Clerk's Office Municipal Center, Bldg. #1, Room 281 Phone 427-4303 Virginia Beach Central L~brary 4100 Virginia Beach Boulevard Phone: 431-3001 City of Virginia Beach Public Information Office Municipal Center, Bldg #22 Phone: 427-4111 The proposal w~ll be discussed w~th opportunity for public comment at June d~sab~l~ty committee meetings as follows. Mental Retardation Committee June 10, 2003 Pembroke 6, Suite 218 800am. Mental Health and Substance Abuse Committee June 17th Pembroke 3, Suite 126 12'00 pm The contract w~ll be acted on by the V~rg~ma Beach Commumty Services Board at ~ts June 26th meeting Once approved by the Board, the proposal wdl be forwarded to C~ty Council for consideration and approval tentatwely scheduled for July 8th Following C~ty Council approval, the proposal wdl be submitted to the State Department of Mental Health, Mental Retardation, and Substance Abuse Services Please prowde written comments to the following address by June 25th: Jerry Bnckeen, Adm~mstrat~ve Serwces Manager V~rg~ma Beach Depart Of MHMRSA 297 Independence Blvd Pembroke 6, Suite 208 V,rg~ma Beach, VA 23462 or ema~l to ibnckeet'~,vb.qov com THE-BEACON ;Sunday, ~unb 8, 2003 PUBLIC NOTICE AS requ,red by Sectmn 37 1- 198 of the Code of V~rgm~a, the V~rg~ma Beach Commumty Serwces Board ~s pleased to make ~ts proposed 2004 state performance contract avadable for review and ~n~tes the pubhc to comment on the document for thirty days The FY 2004 per- formance contract ~s the mechamsm through which performance con* tract funding ~s made avadab)e for pubhc mental health, mental retar- dation and substance abuse services Beginning Thursday June 5th through July 4th the pubhc may rewew the draft document at the fo{lowing locations Commumty Services Board Web Page http//www vbgov com/dept/csb/announce asp VB DMHMRSA 297 Independence Blvd Pembroke 6, Suite 208 Phone 437 5760 Qty of V~rgm~a Beach Clerk's Office Municipal Center- Bldg 1, Room 281 Phone 427-4303 V~rg~ma Beach Central L~brary 4100 V~rg~ma Beach Blvd Phone 431-3001 City of V~rgm~a Beach Pubhc Information Office Mumc~pal Center, Bldg 22 Phone 427-4111 The full document can be reviewed at each of these locations Cop~es of a summary of the funding port~on of the document wdl also be avafl- able to the pubhc If you would hke the summary document, please call 437 5760 Please provtde written comments to the following address Jerry Bnckeen, Admm~stratwe Ser~ces Manager ~ V~rgm]a Beach Community Services Board - 297 Independence Blvd Pembroke 6, Suite 208 V~rgm~a Beach, VA 23462 There w~ll be opportunities for pubhc comment at the Board's June d~sab~l~y committee meetings at the following locations, dates and t~mes Mental Health and Substance Abuse Committee, June 17th at 12 O0 p m, Pembroke 6, Suite 126, Mental Retardatmn Committee, June loth at 8 O0 a m, Pembroke 6, Suite 218 The V~rgm~a Beach Community Services Board will consider the con tract at ~ts June 26th meeting, and the contract ~s proposed to be on Qty Councd's agenda for consideration on July 8th Ruth Hodges Smith, MMC C~ty Clerk If you have any questions, please call 437-5760, TDO 437~o157 Beacon June 8, 2003 10388375 [ Il I ' Il I I I I I L. PLANNING o Application of GLENDA PALMER for a Condtttonal Use Permtt re a tattoo parlor (permanent make-up salon) at 3617 Virginia Beach Boulevard. ( DISTRICT 3 - ROSE HALL) Recommendation: APPROVAL Map Cr-7 Glenda Palmer No~ ~,o Sco]e Gpm 1487-64-4728 ZONING HISTORY 1. 11-27-01 -CONDITIONAL USE PERMIT (motor vehicle rentals)- Granted 2. 1-11-88- CONDITIONAL USE PERMIT (auto sales & service)- Granted 3. 6-10-85 - REZONING (I-1 bght Industnal to B-2 Community Bus~ness) - Granted 11-18-74- REZONING (B-2 Community Business to I-2)- Granted 4 11-10-86 - CONDITIONAL USE PERMIT (auto sales & service) - Granted 5. 5-19-86 - CONDITOINAL USE PERMIT (auto paint) - Granted 6. 12-13-71 -CONDITIONAL USE PERMIT (gas stahon) - Granted II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Glenda Palmer-Conditional Use Permit MEETING DATE: July 8, 2003 · Background: An Ordinance upon Apphcabon of Glenda Palmer for a Conditional Use Permit for a tattoo parlor (permanent make-up) on property located at 3617 V~rg~n~a Beach Boulevard (GPIN 1487644208). DISTRICT 3- ROSE HALL The purpose of th~s request ~s to operate a permanent makeup salon Permanent makeup is considered a form of tattooing and is thus regulated by the same portions of the C~ty Code that regulate tattooing. Considerations: The applicant proposes to operate a permanent makeup salon. Customers will come by appointment only, and only one customer wdl be present at any one bme. The salon will be operated on a part-bme bas~s, w~th peak usage dunng the summer months. The bus,ness wdl have only one to two employees The applicant has already received approval from the Health Department for th~s Iocabon. As required by the Zoning Ordinance, the s~te is not within 600 feet of any other tattoo parlor or body p~ercing establishment, Res~denbal or Apartment D~stnct, or school. The Planning Commission placed this item on the consent agenda because it ~s a part-time, one customer at a bme use and would generate less traffic than other commercial uses Staff recommended approval. There was no oppos~bon to the proposal. Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve th~s request w~th the following cond~bons: Glenda Palmer Page 2 of 2 o The Cond~bonal Use Permit for a permanent makeup (tattoo) establishment ~s approved for a period of one year, w~th an administrative review every year thereafter . A bus~ness I~cense shall not be ~ssued to the apphcant w~thout the approval of the Health Department for consistency w~th the prows~ons of Chapter 23 of the C~ty Code . No s~gnage more than four (4) square feet of the enbre glass area of the exterior wall(s) shall be permitted on the w~ndows There shall be no other s~gns, including neon s~gns or neon accents ~nstalled on any wall area of the exterior of the building, w~ndows and / or doors. 4 The actual permanent makeup (tattoo) operation on a customer shall not be wsible from any pubhc right-of-way adjacent to the establishment · Attachments: Staff RevIew D~sclosure Statement Planning Commission M~nutes Locabon Map Recommended Action: Staff recommends approval. Planning Commission recommends approval Submitting Department/Agency: Planning Department City Manage~ ~L- -~ ~d~. GLENDA PALMER I # 3 June 11, 2003 General Information: APPLICATION NUMBER: G07 - 218 - CUP - 2003 REQUEST: Condibonal Use Permit for a tattoo parlor (permanent makeup) ADDRESS: 3617 Virginia Beach Boulevard GPIN: ELECTION DISTRICT: 14876442080000 3 - ROSE HALL Planning Commission Agenda June ~11, 2003 GLENDA PALMER I # 3 Page 1 SITE SIZE. STAFF PLANNER: PURPOSE: I 05 acres (entire parcel) 500 square feet (apphcant's space) Ashby Moss To operate a permanent makeup salon Permanent makeup is considered a form of tattooing and ~s thus regulated by the same portions of the City Code that regulate tattooing Major Issues: Comphance w~th the requirements of the Zomng Ordinance, Secbon 242 1, and Chapter 23 of the C~ty Code pertaining to tattoo / body p~ercing establishments · Compatibility of th~s use w~th the surrounding uses ~n the area Land Use, Zoning, and Site C hara cteristi cs: Existin.q Land Use and Zoninq The property ,s used for a variety of office and retail uses and is zoned B-2 Community Bus,ness District. Surround~nq Land Use and Zon~n,q North: South: East: West: Across V~rg~n~a Beach Boulevard, funeral home / B-2 Community Business District · Norfolk Southern Radway and Interstate-264 · Thnft store / B-2 Community Bus~ness District · Music store, drug store / B-2 Commumty Bus~ness Distnct Planning Commission Agenda June 11, 2003 GLENDA PALMER I # 3 Page 2 Zoning History Most of the zoning activity m the v~cimty has been auto related and was approved over 15 years ago. No tattoo parlors have been requested or approved in the vicinity of this application. Air Installation Compatible Use Zone (AICUZ) The s~te ~s ~n an AICUZ of less than 65dB Ldn surrounding NAS Oceana Public Facilities and Services Water and Sewer c~ty water and sewer currently serve the budding on the site Transportation Traffic generation for the permanent makeup business wdl be equal or less than other permitted uses that could occupy the space Public Safety Police: No comments. Fire and Rescue: Adequate - no further comments Comprehensive Plan The Comprehensive Plan recommends retad, service, office and other compabble uses w~th~n commercial centers serving surrounding neighborhoods and commun~bes Summary of Proposal Proposal The apphcant proposes to operate a permanent makeup salon Customers will come by appointment only, and only one customer will be present at any one time The salon wdl be operated on a part-time basis, with peak usage Planning Commission Agenda June 11, 2003 GLENDA PALMER I # 3 Page 3 dunng the summer months The bus~ness wdl have only one to two employees The applicant has already received approval from the Health Department for th~s location As required by the Zoning Ordinance, the s~te is not within 600 feet of any other tattoo parlor or body p~erc~ng establishment, Residential or Apartment D~strict, or school Site Des~,qn · The strip center ~s an "L" shaped 13,000 square foot building, w~th parking ~ns~de the "L" on the west s~de of the building. · The parking lot has a total of 51 parking spaces Vehicular and Pedestrian Access · The office/retad center has one access point on Virginia Beach Boulevard Landscape and Open Space Desi,qn Whde some landscaping ~s present, landscaping w~thin the site does not meet current requirements s~nce the s~te was developed prior to the adoption of these requirements Evaluation of Request The applicant's request for a Cond~bonal Use Permit for a tattoo parlor ~s acceptable. Although ~t falls under the definihon of a tattoo parlor, the applicant's bus~ness wdl be restricted to application of permanent makeup only. Whde I~m~ted parking may be an issue w~th the office/retad center, th~s ~s not a problem that wdl be exacerbated by this request. Tattoo parlors and permanent makeup salons do not generate any more parking than a standard retail operabon. Further, the applicant's bus~ness will serve only one customer at a time and will be operated only on a part time basis Therefore, th~s application is recommended for approval subject to the following conditions Planning Commission Agenda June '11, 2003 GLENDA PALMER i # 3 Page 4 Conditions 1. The Cond~bonal Use Permit for a permanent makeup (tattoo) establishment approved for a per~od of one year, with an administrative review every year thereafter. 2. A bus~ness I~cense shall not be ~ssued to the applicant w~thout the approval of the Health Department for consistency w~th the prowslons of Chapter 23 of the C~ty Code No s~gnage more than four (4) square feet of the entire glass area of the exterior wall(s) shall be permitted on the w~ndows There shall be no other signs, ~nclud~ng neon s~gns or neon accents ~nstalled on any wall area of the exterior of the building, windows and / or doors 4 The actual permanent makeup (tattoo) operation on a customer shall not be v~sible from any public right-of-way adjacent to the establishment NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval See Section 220(g) of the City Zoning Ordinance for further information. Planning Commission Agenda June 11, 2003 GLENDA PALMER I # 3 Page 5 Planning Commission Agenda June 11, 2003 GLENDA PALMER ! # 3 Page 6 Planning Commission Agenda June 11, 2003 GLENDA PALMER I # 3 Page 7 Applicant's Name' L~st Ail Current Property Owners' APPLICANT DISCLOSURE If the apphcant ~s a CORPORATION, hst all officers of the Corporatton below (Attach hst mf necessary) .. If the apphcant ms a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, hst all members or partners ~n the orgamzabon below (Attach l/st tf necessary) [] Check here ~f the appl,cant ~s NOT a corporabon, partnership, firm, or other un ~ncorpo rated orgamzabon, if the applicant is not the current owner of the property, complete the Property Owner Dlsciosure sectlon below: PROPERTY OWNER DISCLOSURE ' "' If the property owner ~s a CORPORATION, hst all officers of the Corporation below (Attach l/st ff necessary) If the property owner ms a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, hst all members or partners ~n the organ~zabon below (Attach i/st /f necessary) /~ ' x~'~.~ [] Check here ff the property owner ~s NOT a corporation, partnershmp hrm, or other unincorporated orgamzahon CERTIFICATION ! certify that the information contained herein is true and accurate. Signature Print Name Cond~bonal Use Permmt Apphcat~on Page 8 of 12 Planning Commission Agenda June 11, 2003 GLENDA PALMER i # 3 Page 8 Item #3 Glenda Palmer Conditional Use Permit 3617 Virginia Beach Boulevard District 3 Rose Hall June 11, 2003 CONSENT Ronald Ripley: Alright The next order of business is our Consent agenda and Dot Wood will conduct this portion of our business. Dorothy Wood Thank you Ron This afternoon, we have five ~tems on the Consent agenda. As I call the item. would you please step up to the podium, state your name, ff you have read the conditions and agree with them. After that. as Ms Katsias read, anyone will have an oppomm~ty to object to come forward also. The first item we'll hear today on the consent agenda is Item #3 It is Glenda Palmer An ordinance upon Application of Glenda Palmer for a Cond~tmnal Use Permit for a tattoo parlor for permanent makeup on property located on Virginia Beach Boulevard in the Rose Hall District with three conditions Yes ma'am Glenda Palmer. I accept the conditions Dorothy Wood Would you please state your name for the record. Glenda Palmer: Glenda Palmer. Dorothy Wood: And have you read the conditions Ms Palmer? Glenda Palmer: Yes I have. Dorothy Wood. And you accept them? Glenda Palmer: Yes Dorothy Wood: Thank you Is there any oppos~tlon to Item #3 on 3617 Virgima Beach Boulevard, Rose Hall for permanent makeup? Hearing none. I would move to approve this item on the consent agenda, number 3 for Glenda Palmer with three conditions but before we vote on it, I would like to have Mr Knight talk about Item #3. Barry Knight: Item #3 The application proposes to operate a permanent makeup salon. And the customers will come by appmntment only w~th only one customer being present at any one time. And the salon will be operated on a part-time basis Although it falls under the definition of a tattoo parlor, the applicants business will be restricted to the application of permanent makeup only And while hmlted parking may be an issue, this is not a problem that is commensurate by this request Tattoo parlors and permanent makeup salons do not generate more parking than standard retail operation And further the applicant's business will only serve one customer at a time and as before stated will only be operated on a part-time basis So, we feel this is an acceptable use of the property subject to the two conditions. Mr Ripley, I would move to approve ti'ns ~tem on this consent agenda wuth the conditions. Ronald Ripley' You already read the conditions and the item number Do I have a second? Seconded by Mr. Gene Crabtree to approve this item on the consent AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE SALLE' STRANGE AYE WOOD AYE ABSENT Ronald Ripley: By a vote of 10-0, the motion carries M. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION DEVELOPMENT AUTHORITY HAMPTON ROADS PLANNING DISTRICT COMMISSION (HDC) MINORITY BUSINESS COUNCIL PARKS AND RECREATION COM/VIISSION PERFORMING ARTS THEATRE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD SHORE DRIVE ADVISORY COMMITTEE TOWING ADVISORY BOARD YOUTH SERVICES COUNCIL N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT