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JULY 8, 2003 MINUTESCITY COUNCIL MAYOR MEYERA E OBERNDORF, At-Large VICE MAYOR LOUIS R JONES, Baystde -Dtstrtct 4 HARRY E DIEZ, EL, Kempswlle -Dtstrtct 2 MARGARET L EURE, Centervtlle - Dtstr~ct I REBA S Mc( LANAN, Rose Hall - Dt~trtct 3 RICHARD A MADDOX, Beach - D~trtct 6 JIM REEVE, Princess Anne -Dtstrtct 7 PETER W SCHMIDT, At-Large RON A VIi, LANUEVA, At-Large ROSEMARY WILSON, At-Large JA]VIES L WOOD, Lynnhaven -Dt3trtct 5 JAMES K SPORE, CttyManager LESLIE L L1LLEY, Ctty Attorney RUTH HODGES SMITH, MM(, Ctty( lerk CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA ( lit HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGI¥IA BEACH, VIRGINIA 23456-8005 PHONE (757) 427-4303 FAX (757) 426-5669 E MAIL Ctycncl~vbgov corn 8 July 2003 I. CITY MANAGER'S BRIEFING - Conference Room - 2:30 PM to RED WING and STUMPY LAKE GOLF COURSES C/ndy Curt/s, D/rector - Department of Parks and Recreat/on 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 A 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 o RESOLUTION IN MEMORY OF RODNEY F. POCCESCHI Mrs. Rodney Poccesschl Chief A. M. Jacocks I. PUBLIC HEARINGS 1. ELECTION VOTING PRECINCT name change from PROVIDENCE to EDWIN 2. EXCESS PROPERTY at 2201 East Berne Circle, District 4 - Bayslde J. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinances to AMEND the C~ty Code: a. § 10-1 changing the Election Voting Prowdence 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 C~ty Manager to convey th~s 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- BAYSIDE) bo W~ndsor Oaks Boulevard and Independence Boulevard by RAYMOND GOTTLIEB, Manager for SANDLER DEVELOPMENT AT TOWNE SQUARE L.C. to construct and mmntmn irrigation ~n a new development for s~ngle family homes; and AUTHORIZE the C~ty Manager to execute all necessary documents. (DISTRICT 3 - ROSE HALL) Atlantic Avenue, 30th Street and the Greenbelt by THIRTY FIRST STREET, L.C. to construct and mmntaln 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 Serwces Board (CSB) and V~rg~ma Mental Health/Mental Retardation/Substance Abuse Serwces (MH/MR/SA) re funding for servmes C. PLANNING Application of GLENDA PALMER for a Con&ttonal Use Permtt re a tattoo parlor (permanent make-up salon) at 3617 V~rgmm Beach Boulevard. ( DISTRICT 3 - ROSE HALL) Recommendation: APPROVAL M APPOINTMENTS ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION DEVELOPMENT AUTHORITY HAMPTON ROADS PLANN1NG DISTRICT COMMISSION (HRPDC) MINORITY BUSINESS COUNCIL PARKS AND RECREATION 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 427-4303 Hearing impaired, call. TDD only 427-4305 (TDD- Telephonic Devine for the Deaf) Agenda 07/03/gw wwwvbgov com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 8 July 2003 Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFING re RED WING AND STUMPYLAKE COURSES tn the Ctty Counctl Conference Room, Ctty Hall Butldtng on Tuesday, July 8, 2003, at 2 30 P M Council Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Counctl Members Absent Ron A Ytllanueva [Entered 3 20 P MI -2- CITY MANAGER'S BRIEFING RED WING AND STUMPY LAKE COURSES 2:30 P.M. ITEM # 51400 Ctndy A Curtis, Director -Parks and Recreatton, advised the Pohcy Report relattve the Red Wing Lake and Stumpy Lake Golf Courses was dtstrtbuted to Ctty Councd and ts hereby made a part of the record The Vtrgmta Beach Department of Parks and Recreatton has operated the 288-acre Red Wing Lake Golf Course smce tt first opened tn 1971 on land leased from the Commonwealth of Vtrgtma After many years of dtscusston and negottatton, the Ctty recorded the Deeds of Sale and Property Settlement for Red Wing Lake in July 2002. Additional land was acquired for a total of 420 acres. The City acquired the 300-acre Stumpy Lake Golf Course in June 200I from the City of Norfolk, as apart of the 1500-acre Stumpy Lake tract In 1953, the City of Norfolk opened the Robert Trent Jones, Sr, destgned 18-hole golf course When the Ctty acqutred the Golf Course, the Lease Agreement for Stumpy Lake was also transferred A revtsed lease, wtth Stumpy Lake Golf Course, Inc , (Merv Troyer, PrestdenO has been wrttten and ts tn place The Lease Agreement can be cancelled by ettherparty wtth a 90-day nottce and wdl expire no later than September 30, 2006 The corporatton pays the Ctty a ttered percentage of the gross revenue In FY2001-02, over 45,000 rounds were played at the Course The Ctty recetved over $130,000 in lease payments. Ms Curtis advtsed past studies addressing golf tssues tn Vtrgtma Beach The Golf Destination Study, PKF Consulting, January 1996, tndtcated Vtrgtnta Beach had the potenttal to become a golf desttnatton The Report of the Virginia Beach Golf Committee, September 1996, included recommendattons to develop two (2) Tter 1 courses (Tournament Players Club (TPC) on the Lake Rtdge property, elevate Red Wing to a championship Tter 2 course and develop a Tier 2 course at the West Neck property (Heron Rtdge) The Financial Feasibility Study regardtng the renovatton and expanston of Red Wmg Golf Course, PKF Consultmg, May 1998, provtded projected costs and revenue mdtcattng the bustness mtght not be able to support the investment assoctated wtth the upgrades and a 9-hole expanston The Analysis of City of Virginia Beach Municipal Golf Courses, National Golf Foundation, March 1991, "revealed an oversupply of pubhc golf opportuntttes for restdents of the Ctty" &nce that report, pubhc courses at Heron Rtdge, TPC and &gnature at West Neck have opened tn our Ctty In addttton, Bay Creek, Cahoon Plantatton, Rtverfront and Nansemond Rtver Golf Courses have opened tn the regton Btde-A- Wee and Ocean Vtew muntctpal recreatton golf courses also re-opened with extensive renovattons There are multiple "high- end" dady fee golfing options avadable to the regtonal's Golfers July 8, 2003 -3- CITY M/INAGER'S BRIEFING ~D WING/IND STUMPY LAKE COURSES ITEM # 51400 (Continued) "Members of the pubhc brtng new perspectives tnto a process, mteractton among parttctpants wtth dtfferent perspecttves ts hkely to generate tdeas and tnstghts that would not otherwtse be obtatned" (excerpt from a 1992 trade arttcle on Quahty Envtronmental Management, authors Btngham and Church) The trends in rounds of golf played in the City since 1997 are tmpacted by The number of golf courses has increased from 6 to 10 since 1997 These new courses are high-end quahty with more expensive greens fees The population has increased 2% since 1997, yet golf rounds have rtsen 39% durtng that same ttme frame Golfers expect better quality playing conditions for reasonable rates New courses have modern constructed greens and use vartettes of turf that green-up earher and provtde better playtng surfaces The newer courses have also addressed surface and putttng green dratnage Weather conditions provided extended playing seasons in late Fall of 2001 and unacceptable playing conditions during the Summer and late Fall of 2002 Most golfers frequent facilities that are less punitive in play and are fairly priced. The Ctty has entered tnto two (2)publtc-prtvatepartnershtpsfor htgh-end golf courses Heron Ridge and Tournament Players Club (TPC) Stnce these two (2) courses are not yet at opttmum profitabthty, butldtng another htgh-end course could be seen as tmpedtng future profitabthty of these courses In each of these pubhc-prtvate partnershtps, the Ctty contrtbuted tnfrastructure asststance or allowed adjacent land to be rezoned for restdenttal development Both agreements for the TPC and Heron Rtdge golJ courses requtre yearly lease payments to the Ctty However, taxes generated at these facthttes can offset their yearly lease payments The Heron Rzdge agreement also guarantees a netpercentage bepatd to the City begtnnmg wtth the thtrd year of operatton Durtng the past calendar year, the Ctty recetved over $340,000 tn lease payments and/or taxes pard collecttvely from the two agreements The Executtve Dtrector of the Vtrgtnta Beach Golf Assoctatton and staff from Conventton and Vtsttor Development agree tt would be more beneficial to take Red Wing Lake "offltne "for several months to improve the product for both our cmzens and vtsttors There ts suffictent capactty tn other courses to absorb Red Wtng's potenttal rounds durtng the renovatton July 8, 2003 -4- CITY MANAGER'S BRIEFING RED WING AND STUMPY LAKE COURSES ITEM # 51400 (Continued) Relattvepubhc tnformatton, the Parks and Recreatton Commission held twopubhc meetings tn October 2000 to obtatn optntons on posstble renovattons to Red Wing Lake Golf Course Both meetmgs resulted tn mnety (90%) percent support for Parks and Recreatton to renovate the Red Wing Lake Golf Course rather than contract for another orgamzatton to renovate and operate the facthty The Golf Course Admtmstrator has met and wtll conttnue to share tnformatton wtth representattves from the tndependent golfassoctatzons ustng Red WtngLake At an Open House conducted tn October 2001, a "Ctttzens Chotce Board"process tndtcted etghty-stx (86%) of respondents favored the Ctty conttnutng to own and lease the Stumpy Lake Golf Course on a long-term basts with the leaseholder making necessary course improvements Alternative Courses of Action Refurbish by the City Plans to upgrade, moderntze and matntatn Red Wtng and Stumpy Lake Golf Courses have been prepared These tmprovements would tnvolve extendtng water and sewer to the stte, new trrtgatton systems, new greens complexes, addresstng course dratnage, cart path renovattons and improvements to the matntenance complexes Each renovatton plan ts esttmated to cost $5-MILLIONper course wtth the assoctated debt financed through a moderate tncrease tn green fees Replacement of the clubhouse and cart storage are not tncluded tn this tnzttal renovatton financtng plan but would be phased tn after the course ts back tn operatton Refurbish by the City including structures This alternattve would provtde fundtngfor the constructton of a clubhouse, cart storage, new on-course restrooms (portable totlets are currently used), repavtng of parktng lots, addresstng the entrance and landscaptng around the clubhouse A feastbtltty study completed tn 1997 tndtcated that tt would be more effictent to replace the extsttng structures (accommodattng the eventual needs of a 27-hole golf facthty) than to expand and brtng them tnto acceptable standards The esttmated cost to provtde the structures and improvements ts an addmonal $3-MILLION above the $5-MILLION tn fundtng tdenttfied tn Alternattve #1 The extsttng clubhouse and cart storage butldtngs are not ADA comphant Public-Private Partnership Thts alternattve would tnvolve entertng tnto a land lease wtth aprtvate developer who would finance, construct and operate tmprovements to the golf course, whtch could tnclude a teachmg academy and other amenities There ts no residential component permttted at etther golf course stte to attract stgntficant prtvate sector tnvestment There ts no avatlable land adjacent to the courses for restdenttal development In many cases, restdenttal sales normally offset golf course development or renovatton expendttures July 8, 2003 -5- CITY MANAGER'S BRIEFING RED WING AND STUMPY LAKE COURSES ITEM # 51400 (Continued) Sale of Property: The properttes could be sold with an additional deed restrtctton reqmrtng new ownership to develop and operate a pubhc golf course The City worked over twelve (12) years to obtam ownershtp of the Red Wtng Lake property The representattves tn our legtslature may not favor the tdea of a qutck release of thts land The commumty expressed strong reststance to the sale of the Stumpy Lake property by Norfolk to a developer wtth tnterest tn butldtng homes surroundtng the course Status Quo There have been hmtted matntenance enhancements to the two golf courses (wtth the exceptton of the recently resodded greens at Stumpy Lake) Improvements and renovattons have been prudently placed on bom Extsttng condtttons are playable, but not destrable Weather and mfrastructure fatlures have resulted tn closure of the courses on numerous days when other courses are open Many restdents and tourtsts have elected not to return or chose to play other courses due to the fact that tmprovements have been delayed and other courses provtde better greens, tees and fairways RECOMMENDATIONS Alternative #1, creating a $5-MILLION Capital Improvement Project for Parks and Recreation SI-MILLION, tn the first year, wtll be provtded for the mtttal destgn, permttttng, stuches, tnstallatton of electrtcal servtce and constructton of a new trrtgatton pump house at Red Wmg Lake Golf Course In the followtng year, $4-MILLION wtll be contrtbuted to complete the project The proposed fundmg source for the first year wtll be SI-MILLION from the Parks and Recreatton Spectal Revenue Fund's balance Theproposed fundtng sources for the second year wtll be $250, O00 from the Parks and Recreatton Spectal Revenue Fund's balance, $1,250, O00 from the General Fund and an tssuance of $2 5- MILLION tn general debt, wtth the understandtng that the general debt funds wtll be repatd, wtth tnterest, by Parks and Recreatton through use of thetr Golf Course Operattons revenue stream Postpone the decision to contract the renovatton and management of Stumpy Lake Golf Course until FY 2004-05 This would provtde additional time for the golf market to stabthze and to determtne the best way for needed renovattons to be undertaken The delay wtll enable the local golf market to mature, allow the current leaseholder to recover the recent tnvestment tn soddtng the greens and provtde an opportumty for the economy to stabthze Rtchard T Nutter, Golf Course Admtntstrator, advtsed relattve the study, a Tier 1 was recommended (TPC) and two (2) Tter II (West Neck and Redwtng (elevated to Tter II) &nce that ttme stgnature golf courses have come on hne The Tter IV would be etther prtvate or mthtary golf courses 2003 -6- CITY MANAGER'S BRIEFING RED WING AND STUMPY L.4KE COURSES ITEM # 51400 (Continued) Ms Curtts advtsed to matntatn the tmprovements, a modest fee tncrease ts proposed $3-$5 per round for residents and $10per round for non-residents (not in effect until 2005) The Summer rates of the ten (1 O) golf courses were dtstrtbuted to Ctty Counctl and are hereby made a part of the record Fees for the Ctty's four (4) courses Stumpy Lake, Red Wing Lake, Bow Creek and Kempsville Greens, are the least expenstve Counctl Members Eure, Reeve and Dtezel suggested tncreastng the fees earher (t e a modest advance of $! 00) to start butldtng a reserve, thus reductng the debt Counctl Members Eure and Dtezel are the Counctl Ltatsons for Golf Courses Information relative this price increase shall be provided Ms Curtts introduced the two (2) tnterns of Parks and Recreatton tn attendance Both young men are graduates of James Ma&son Untverstty Craig Bryant and Jtm Nebgen July8,2003 -7- AGENDA RE VIEW SESSION 3:00 P.M. ITEM # 51401 K I Or&nances to AMEND the City Code ADD 3%~ 2-23, 2-91 and 2-451 1 re post employment activities of former Counctl Members, officers, employees and certain appotntees The Ctty Attorney advtsed thts Ordtnance prohtbtts former Counctl Members, Ctty officers and employees from betngpatd to asstst any party tn connectton wtth any proceedtng, apphcatton, case, contract, or other matter tnvolvtng the City or a City agency, for a period of one year from the date their term of office expired The tntent ts to prevent someone who has served as an officer or employee of the City from actually being a halson or one of the negottators on a project and then leavtng and gotng tnto employment wtth a prtvate firm representtng that firm trytng to do bustness wtth or for the Ctty ITEM # 51402 K 3 Ordinance to AUTHORIZE temporary encroachments tnto porttons of the Ctty's rtght-of-way a 4850 and 4857 Haygood Road by DA VID and DONNA GA TLING to construct and matntatn a conduff re communication wires for Allsafe Self Storage. (DISTRICT 4 - BA YSIDE) b Windsor Oaks Boulevard and Independence Boulevard by RAYMOND GOTTLIEB, Manager for SANDLER DE VEL OPMENT A T TO WNE S Q UARE L. C. to construct and matntatn irrigation tn a new development for smgle faintly homes, and AUTHORIZE the Ctty Manager to execute all necessary documents (DISTRICT 3 - ROSE H~L£) Jtm Lawson, Pubhc Works - Real Estate, advtsed there ts a $150 O0 apphcatton fee for all encroachments July 8, 2003 -8- AGENDA RE VIEW SESSION ITEM # 51403 BY CONSENSUS, the followtng shall compose the CONSENT AGENDA: ORDINANCES/RES OL UTION K 10rdtnances to AMEND the Ctty Code a ~ 10-I changtng the Provtdence Electron Vottng Prectnct to Edwin Precinct b ADD ~3~ 2-23, 2-91 and 2-451 1 repost employment activities of former Counctl Members, officers, employees and certain appomtees K 20r&nance to DECLARE EXCESS PROPER TYon aparcel of land from Lake Bradford to Lake Joyce, and, AUTHORIZE the Ctty Manager to convey thts property to Yelrah Emit Enterprises, L.L.C. (DISTRICT 4 - BA YSIDE K 30r&nance to AUTHORIZE temporary encroachments tnto portions of the Ctty's right-of-way a 4850 and 4857 Haygood Road by DA VID and DONNA GA TLING to construct and matntatn a conduit re communication wires for Allsafe Self Storage. (DISTRICT 4 - BA YSIDE) b Wtndsor Oaks Boulevard and Independence Boulevard by RAYMOND GOTTLIEB, Manager for SANDLER DEVELOPMENTA T TO WNE SQUARE L. C. to construct and matntatn irrigation tn a new development for stngle faintly homes, and AUTHORIZE the Ctty Manager to execute all necessary documents (DISTRICT 3 - ROSE HALL) Atlanttc Avenue, 30'h Street and the Greenbelt by THIRTY FIRST STREET, L.C. to construct and matntatn roof overhangs, balconies, domestic water main, fire main, awning and pavers at the Hdton Resort and Conference Center (DISTRICT 6 - BEACH) K 4 Resolution to AUTHORIZE the FY2003-04 Performance Contract between Vtrgtnta Beach Communtty Servtces Board (CSB) and Vtrgtnta Mental Health/Mental Retardatton/Substance Abuse Servtces (MH/MR/SA) re fundtng for servtces July 8, 2003 -9- AGENDA RE VIEW SESSION ITEM # 51403 (Continued) PLANNING L I Apphcatton of GLENDA PALMER for a Condtttonal Use Permtt re a tattoo parlor (permanent make-up salon) at 3617 Vtrgtnta Beach Boulevard (DISTRICT 3 - ROSE HALL) Counctl Lady Wdson wdl ABSTAIN on Item K 3 c Vtce Mayor Jones wtll ABSTAIN on Item L 1 Juzy -10- CITY COUNCIL LIAISON REPORTS 3:30 P.M. LIGHT RAIL AND ECONOMIC DEVELOPMENT ITEM # 51404 Counctlman Maddox, Vtrgtnta Beach Commtsstoner - Hampton Roads Transportation District Commission (HRT), advtsed several months ago Ctty Counctl expressed a destre to acquire the Norfolk Southern Railroad right-of-way as a vital east/west corridor within our City Norfolk ts vtgorouslypursumg the light rail project extendmg from Eastern Vtrgtnta Me&cai School (EVMS) to Newtown Road (Sentara/Letgh HospttaO As a result of the Ctty's mterest, Councdman Maddox was approached by the Ctty of Norfolk as to the posslbthty of extendtng thetr hne to Towne Center, therefore, connecting the two (2) financial districts of the two cities Thts would be the essence of regtonahsm wtth the cooperattve jotnt project of hnkmg both Norfolk and Vtrgtnta Beach symbohcally and economtcally Thts concept even has the future potenttal of hnktng an eventual htgh speed ratl hne The presentatton wtll be dtvtded tnto three (3) parts Norfolk Southern Railroad Right-Of-Way Corridor acquisition Norfolk Light Rail project Virginia Beach Potential dayne B Whttney, Chtef Development Officer - Hampton Roads Transtt, advtsed tn 1996 a Letter of lntent wtth Norfolk Southern detatled the servtce tssues whtch tnvolved runntng passenger servtce wtth fretght servtce In February 2002, ajotnt appratsal was performed wtth Norfolk Southern re the enttre rtght-of-way between Norfolk and Vtrgtnta Beach Ms Whttney &splayed a map deptcttng the rtght-of-way Norfolk Southern Railroad Corridor Preservatton of rtght-of-way Norfolk Southern Radroad ts filmgfor abandonment of the hne Fretght servtce has been dtsconttnued wtth only one customer conttnutng to be served pen&ng other arrangements Lmear rtght-of-way ts very scarce Preserve opttons for future transportatton and development uses Stakeholders must work together to preserve Norfolk Southern rtght-of-way Stnce the dtsconttnuatton of servtce, and other new factors, HRT has updated the Letter of Intent to Norfolk Southern Thts tncludes recogmtton of some of the project ttems, whtch no longer need to be referenced There are a number of stakeholders HRT wishes to preserve the right-of-way for future transportatton purposes tn partnershtp wtth the City and make sure a Memorandum of Understan&ng (MEO) protects Vtrgtnta Beach's tnterests as the project moves forward Norfolk Southern reqests one party be the "lead negottator" July 8, 2003 -11- CITY COUNCIL LIAISON REPORTS LIGHT RAIL AND ECONOMIC DEVELOPMENT ITEM # 51404 (Continued) Norfolk Southern Railroad Corridor A votd the "New Orleans Experience" Linkage available from DownWwn to Airport Followed abandoned Kansas City Southern Railroad Only 85% of Railroad is still intact Norfolk Southern Railroad negotiations with HRT and other interested parties that include: Norfolk Virginia Beach Norfolk State University Goal is to complete negotiation by end of 2003 Relattve the Memorandum of Understanding (MOU), Hampton Roads Transff (HRT) would be the lead negottator A new appratsal ts betng conducted, esttmated to be accomphshed tn July A paragraph tn the MOU ts the pursutt ora lease purchase rather than outrtght purchase A title search and encroachment survey of the rtght-of-way ts currently betng conducted for the Ctty of Norfolk and wtll ensue for the Ctty of Vtrgmta Beach durmgfurther discussions of the MOU. One of the advantages of preservmg the rtght-of- way and posstbly utthztng a portion of this right-of-way for mass transtt purposes, ts to be able to request the Federal Transtt Admtntstratton to provtde any fundmg the Ctty would put forth tn purchasing the ratlroad rtght-of-way HRT wall follow negottattons of Norfolk Southern wtth the Surface Transportatton Board, whtch should be completed by the end of the year Hopefully tn the Fall, there wtll be a conveyance of property from the rtght-of-way Michael Townes, President and Chtef Executive Officer - Hampton Roads Transit, advised once the acqutsttton of the rtght-of-way occurs, there would not be an ongoing cost In the course of developing the Memorandum of Understanding, thefinanctal responstbthttes of all theparttes would be detatled The mam responstbdtty of the Ctty of Vtrgtnta Beach would be to pay the cost of acqutrmg the hne Jhere mtght be some restdual legal fees HRT at the present ttme ts only requesttng Vtrgtnta Beach to parttctpate tn the negotiations for the purchase of a rtght-of-way Mr Ray Amoruso, Prtnctpal- Norfolk Ltght Ratl project - URS Corporatton, provtded a brtef update relattve Norfolk Light Rail Transit Currently in Preliminary Engineering 8 miles double-track, I I proposed stations $207-MILLION tn Year 2006 (about $28-MILLION per mtle) Cost effecttve project when compared to other Untted States Ltght Ratl projects Uses tnnovattve destgn and constructton techntques Anttctpated opentng tn 2008 Serves Norfolk employment centers July $, 2oo - 12- CITY COUNCIL LIAISON REPORTS LIGHT RAIL AND ECONOMIC DEVELOPMENT ITEM # 51404 (Continued) Virginia Beach Potential Virginia Beach Town Center Spans 17 ctty blocks (about 70 acres) Town Center ts the heart of a new mtxed-use "Matn Street" style development wtthtn the Ctty's emergtng Central Bustness Dtstrtct Equtdtstant from 85% of the regton's populatton Has more than 330, O00 people hvtng tn a 5-mile radmm Wtll have 832, 500 square feet of retatl space 334 restdenttal untts Eleven mtles to Norfolk's downtown Downtown Norfolk and Vtrgtnta Beach Town Center Ltnktng major financtal centers Light Rail Transit LRT is a catalyst which Connects major developments tn a regton Promotes stgntficant redevelopment projects wtthtn a ctty Provtdes an alternattve mode of access and ctrculatton tn a downtown Rail Transit Results in an Economic Return on the Public's Investment Dallas $150-MILLION hotel Telecom corrtdorjotnt development 24 7% increase tn commerctal/office land value near LRT stattons San Diego Typtcal home value tncreased $2 72for every 1 O0 meters closer to statton Portland Investments exceed the cost of the project five-fold Restdenttal property values tncrease$ 75 for every 100feet closer to station St. Louis 15% of downtown retatl traffic ts from Metrohnk Santa Clara County Commerctal property values increase 23% ($4 per square fooO 1/4-mtle from statton duly & 2003 - 13- CITY COUNCIL LIAISON REPORTS LIGHT RAIL AND ECONOMIC DEVELOPMENT ITEM # 51404 (Continued) Twenty-six (26) of the thirty (30) largest transtt systems tn the Untted States are buthhng or currently operattng fixed gutdeway systems Denver's Central Corridor Five Points LRT Development $50-MILLION tn new homes, stores and offices planned $12 5-MILLION development (The PonO underway, 6, 000 square feet of groungfloor retatl, office, condo, 35 apartments, 33 condomtntums Denver's Southwest Corridor Englewood City Center 55 acres, $15 5-MILLION tnvestment 500 restdences, 126, 000 square feet of retatl, 50, 000 square feet of offices, new Ctty Hall Outdoor plaza wtth dtrect pedestrtan access to LRTstatton Aspen Grove Lifestyle Center At current termtnus of Southwest Corrtdor LRT 280, 000 square feet of retad open (54 stores and restaurants) Addtttona1300, 000 square feet of office and/or multtfamtly houstng planned Portland Downtown Plan 60% ground floor retail Htghest denstty on Mail Mtx of uses Development at a pedestrtan scale Blank walls dlegal Restdenttal Parking Strategy Ltmtts on parktng Maxtmum parktng rattos 1 space for every four (4) office workers Retatl parktng program July 8, 2003 - 14- CITY COUNCIL LIAISON REPORTS LIGHT RAIL AND ECONOMIC DEVELOPMENT ITEM # 51404 (Continued) Downtown Portland ts boomtng Portland's employment has increased from 56, 000 to 109, O00jobs One thtrd of the work trtps are by transtt (hght ratl specifically)Ltnktng transportatton and land use has made a dtfference as Portland's share of regional housing has grown nearly 3-fold (7 65% tn 1986 to 18 2% tn 1998) Portland has grown up, not out From 1979 to 1997, Portland grew by 30% m populatton and 16% tn land area From 1990 to 1995, Atlanta sprawled 40 trines faster than Portland tn 20years The Federal Transtt Admtntstratton has land use pohctes that encourage thts type of development Under the New Starts Program, there are fundtng tncenttves for Transit Oriented Development (TOD): Contatnment of sprawl Focus grown on corrtdor Transtt friendly zoning Mtx of uses Pedestrtan scale Increased denstty Parktng hmtts Mr Amoruso dtsplayedphotographtc examples of a TOD netghborhood development Kentlands, Maryland and San Dtego, Cahfornta Mr Amoruso advtsed the technologtes of the Old Domtmon Umverstty Mag Lev and Ltght Ratl are dtfferent Mag Lev, tn the eyes of the Federal Transtt Admtntstratton, ts sttll tn the research and development phase and FTA prefers fundtng be provtded to proven technology Mr Townes advised tn conversation with the Board Members and OId Domtmon Umverstty, Amertcan Mag Lev and Domtnton Vtrgtnta Power, they have been assured tf thts technology reaches the potnt where fundable, rehable and safe, HR T would be proud to be the first transtt agency to demonstrate the low speed urban Mag Lev Councdman Maddox advised the Governor relayed his support of this tmttattve Vtrgtnta Beach has only to fund the tncremental 3 ~ mtles to tte these two ctttes together The Ctty Manager advtsed the Light Rail Transit Referendum was November 2, 1999 Should the City Council adopt an ordinance approving the development and financing of the proposed Virginia Beach-Norfolk- Naval Base Light Rail Transit Project? The Referendum LOST: YES NO 3&11o 41,499 July & 2003 - 15- CITY COUNCIL LIAISON REPORTS LIGHT RAIL AND ECONOMIC DEVELOPMENT ITEM # 51404 (Continued) Relattve comparison of costs of highway and light rail per mile, Mr Amarusso advtsed Light Rail $28-MILLION (double track) Highway $ 75-MILLION (two lanes) Mr Townes requested the Resolutton* (ADOPTED November 9, 1999), be revtsed or correspondence furmshed tn order for Mr Townes to provtde further tnformatton *Resolution to declare, as a result of the Vtrgtnta Beach voters' expresston (November2, 1999, Advtsory Referendum) that the Ctty wtll not parttctpate further tn the Ltght Ratl Transtt ProJect Mr Townes referenced none of the mumctpahttes have expended funds tn the study of Light Rail B Y CONSENSUS, Ctty Counctl chrected staffrefinahzmg the Memorandum of Understanding (MOU) for acqutrtng the Norfolk Southern Railroad Corridor to preserve the rtght-of-way Ctty Counctl will be kept appratsed relattve all negottattons However, no commitments are made relattve Light Rail. Information relative the Referendum, Resolutton ADOPTED by City Council on November 9, 1999, and prevtous studtes relattve Ltght Ratl wtll be provtded Bastc stattsttcs shall also be furmshed relative the number of tndtvtduals who populate Town Center and the new Conventton Center The Conventton Center and Town Center were not a reahty when the prevtous Light Rail Referendum fatled Revtsed constructton costs concerntng Light Rail shall be provtded Thts toptc shall be dtscussed durtng the City Council Retreat, after asstmtlatton of ~nformatton Mr Dale Castellow, Transportatton Plamng Coor&nator, advtsed bullet potnts shah be asstmdated from the old study July 8, 2oos -16- CITY COUNCIL LIAISON REPORTS ITEM # 51405 Counctl Members Wood and Schmtdt, Counctl Ltatsons- Performing Arts Theatre, advtsed meettng wtth School Board Ltatsons Ned Rose and Jtm DeBelhs, last Thursday, July 3, 2003, to chscuss the Performing Arts Theatre/Academy. Counctlman Schmtdt referenced correspondence tn Ctty Councils 'packages There ts prehmtnary tnterest Counctl Members Wood and Schmtdt, wtth the Ctty Manager and staff, requested permtsston to make a presentatton to the School Board on July 15, 2003, relattve the Performing Arts Theatre A report wtll be provtded to Ctty Counctl durtng thetr Retreat July 8, 200s -17- COUNCIL COMMENTS 5:00 P.M. ITEM # 51406 Councdman Vdlanueva referenced the events durtng the Fourth of July Weekend The Filipino Friendship Day Picnic was a great success and the fireworks were beauttful Councdman Vdlanueva referenced the unfortunate tnctdent, the death of Anthony Buco David II, Saturday mormng, July 5, 2003 Davtd's cause of death was blunt force trauma to the head and neck, resulting from an attack by a group Counctl Members Wood, Reeve, Maddox, the City Attorney, members of the Pohce Force, and representattves of the resort tndustry, were walktng the Resort area thts past weekend Thts was defimtely not a 'family friendly" ctty at 11 30 that evemng The four had walked the Beach last Fourth of July weekend Thts weekend behavtor had detertorated Councdman Maddox referenced concerns of businesses tn the resort area There ts much to be accomphshed to allevtate these problems Councdman Wood advtsed there are stgns tnstalled by resort owners, whtch vtolate the Zomng Ordmance Hotel owners squtrt ketchup and mustard on the fronts of thetr hotels to prevent loitering Parktng lots, whtch did not comply wtth the parktng lot ordtnance, are open and completely occupted There are booths on the stdewalks erected to sell merchandtse Councdman Reeve expressed concern relative loitering and promottngfamdy entertainment after a certatn ttme Last year the Beach Street mustctans were very promtnent and surrounded byfamdtes The frequency and ttme frame of these events has been reduced Famthes were not congregattng on Atlanttc Avenue The Highway to the Resort was closed down at 1 O0 A M Councdman Vdlanueva beheved most of the bar estabhshments were complytng wtth the ABC regulattons, however, the matn problem were the groups lottertng on the stdewalks, blocktng estabhshments t e tce cream shops, restaurants The Ctty Attorney advtsed thts ts a complex soctal phenomena, assoctated wtth the resort area There ts an ongotng soctal expertment to find the rtght balance Constttuttonal rtghts are tnvolved Extraordtnary costs are assoctated wtth large groups lottertng after all estabhshments have closed Thts concentratton requtres a pohceforce and manpower to mamtatn order The Ctty Manager advtsed relative behavtoral problems, a group meets every other week A resort area group meets wtth all representatives to dtscuss these tssues and make changes A tlanttc Avenue can be closed for traffic purposes due to grtdlock Mayor Oberndorf advtsed the Youth Intervention Team has been an asset, armed only wtth thetr smde and tntellect Colonel Fuller worktng wtth the Friendship Patrol, although not tn as great a number as prevtous years, creates a perceptton of famdy ortented entertainment The church groups have not been provtdmg as many volunteers for thts Frtendshtp Patrol Councdman Maddox referenced Beach Street started tn 1997, wtth twenty-four (24) acts (three (3) acts per block for etght (8) blocks) Mustc dramatically changed the envtronment Saturday mght, July 5, 2003, there were only stx (6) acts The pohce are dramattcally outnumbered A PA system wtth suttable mustc ts essenttal after culmtnatton of the acts An Adult Ntght Club Dtstrtct needs to be created off of Atlantic Avenue July 8, 2003 - 18- COUNCIL COMMENTS ITEM tt 51406 (Continued) Mayor Oberndorf referenced the Amertcan Mustc Festtval as betng a postttve famtly experzence Entertatnment was made avatlable free The Ctty Attorney wtll review whether the Ctty can regulate parktng fees Mayor Oberndorf expressed deep sorrow for the loss of a young hfe and concern relattve the regulatton of bars Relattve enforcement by the Vtrgtnta State Alcohol Beverage Control Board (ABC), Chtef dacocks, Pohce Department, shall provtde tnformatton July 8, 2003 - 19- ITEM # 5140 7 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Councd Conference Room, Ctty Hall ButMmg, on Tuesday, July 8, 2003, at 5 35 PM Councd Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf dsm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Absent Rtchard A Maddox July 8, 200. - 20- ITEM # 51408 Mayor Meyera E Oberndorf entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgmta, as amended, for the followtng purpose PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of prospecttve can&dates for employment, asstgnment, appotntment, promotton, performance, demotton, salartes, dtsctphntng, or restgnatton of spectfic pubhc officers, appomtees, or employees pursuant to Sectton 2 2-3 711 (A) (1) To Wtt Appotntments Boards and Commtsstons Arts and Humantttes Commtsston Beaches and Waterways Commtsston Development Authortty Hampton Roads Economtc Development Alhance Hampton Roads Planmng Dtstrtct Cotnmtsston Mmortty Bustness Counctl Parks and Recreatton Commtsston Performtng Arts Theatre Advtsory Commtttee Pubhc Ltbrary Board Shore Drtve Advtsory Commtttee Towtng Advtsory Board Youth Servtces Coordtnattng Counctl Upon motton by Vtce Mayor Jones, seconded by Councilman Wood,, Ctty Counctl voted to proceed tnto CLOSED SESSION. Vottng 10-0 Counctl Members Vottng Aye Counctl Members Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Vottng Nay None Counctl Members Absent Rtchard A Maddox (Personal Recess 5:3 7 P.M. - 5:40 P.M.) (5:40 P.M. - 6:00 P.M. ) July 8, 2003 -21 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL Jul. v & 2oos 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Butldmg, on Tuesday, July 8, 2003, at 6 O0 P M Counctl Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Counctl Members Absent None INVOCATION Reverend Davtd Howard Pastor Brook Bapttst Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA July 8, 2003 Item V-E. - 22 - CER TIFICA TION OF CLOSED SESSION ITEM # 51409 Upon motton by Councilman Wood, seconded by Counctlman Reeve, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc business matters lawfully exempted from Open Meetmg requtrements by Vtrgtnta law were &scussed tn Closed Sesston to whtch this certtficatton resolutton apphes, AND, Only such pubhc bustness matters as were tdenttfied tn the motton convening the Closed Sesston were heard, dtscussed or constdered by Vtrgtnta Beach Ctty Counctl Vottng 11-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None July 8, 200s RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The V~rg~ma Beach City Council convened ~nto CLOSED SESSION, pursuant to the affirmative vote recorded m ITEM # 51408, page 20, and ~n accordance w~th the provm~ons of The Virginia Freedom of Information Act, and, WHEREAS Section 2 2-3 711 (A) of the Code ofV~rglma reqmres a certification by the govermng body that such Closed Session was conducted m conformity w~th V~rg~ma law NOW, THEREFORE, BE IT RESOLVED That the V~rg~ma Beach C~ty Council hereby certifies that, to the best of each member's knowledge, (a) only pubhc bus~ness matters lawfully exempted from Open Meeting reqmrements by V~rg~ma law were &scussed ~n Closed Sessmn to which th~s cert~fi cat~on resolution apphes, and, (b) only such pubhc business matters as were ~dent~fied ~n the motion convemng th~s Closed Session were heard, d~scussed or considered by V~rg~ma Beach C~ty Council i~t~h Hodge~Sm~, MMC C~ty Clerk July 8, 2003 - 23 - Item V-F. 1. MINUTES ITEM # 51410 Upon motton by Vtce Mayor Jones, seconded by Councdman Schmtdt, Ctty Counctl APPROVED the Mtnutes of the INFORMAL and FORMAL SESSIONS of July 1, 2003. Vottng 11-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Council Members Vottng Nay None Counctl Members Absent None July 8, 2003 - 24 - Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 51411 BY CONSENSUS, Ctty Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION ~uly ~, 2oo_~ Item V-H. 1. - 25 - MA YOR 'S PRESENTATION ITEM # 51412 Mayor Meyera E Oberndorf presented RESOLUTION IN MEMORY OF RODNEY F. POCCESCHI to Mrs. Rodney Pocceschi Mrs Rodney (Marta) Poccescht accompamed by Chtef Jacocks, ACCEPTED the Resolutton Rodney F Poccescht, grew up tn the Wilkes-Barre, Pennsylvama, area and received a degree tn Crlmtnal Justtce from Bloomsburg Umverstty where he played football, wrestled and began his career tn law enforcement with the Untverstty Pohce Department tn 1992 Rodney F Poccescht was appomted to serve as a Vtrgtnta Beach Pohce Officer on August 8, 1999, where he proudly served and was the rectptent of a Spectal Commendation Award for hts work tn the estabhshment and tmplementatton of a successful Commumty Pohctng initiative destgned to reduce netghborhood crime, Officer Poccescht worked diligently to tmprove the quahty ofhfe for all our ctttzens, espectally those of the Fourth Pohce Prectnct where he served prtor to jotmng the Spectal Enforcement Team on June 1, 2003 Officer Rodney F Poccescht, who served honorably, gave his hfe on June 23, 2003, while executmg hts duttes as a Law Enforcement Officer, thus demonstrating excepttonal strength, courage and valor tn the htghest tradttton of the professton and the Vtrgtnta Beach Pohce Department The Counctl of the Ctty of Vtrgtnta Beach wtshes to express tts great sorrow and regret at the tragtc death of thts exemplary Pohce Officer Officer Poccescht ss survived by his wife, Maria and his son, Carson, nine months July 8, 2003 WHEREAS, 1~odney F Pocceschz, grew up tn the Wdkes-Barre, Pennsylvania area and received a degree tn Crtmtnal Justice from Bloomsburg University where he played football, wrestled and began his career tn law enforcement wtth the Umverstty Police Department tn 1992, WHEREAS, Rodney F Poccesch~ was a devoted husband to Marta and proud father to 9 month oM Carson, the joy ofhts hfe, WHEREAS, Rodney F Poccescht was appotnted to serve ~' a Vtrgznta Beach Pohce Officer on August 8, 1999, where he proudly served and was the rectptent of a Spectal Commendatton Award for his work tn the estabhshment and tmplementatton of a successful Communtty Poltctng zntttattve destgned to reduce neighborhood crime, WHEREAS, Officer Poccescht worked chhgently to improve the quahty of hfe for all our citizens, espectally those of the Fourth Pohce Prectnct where he served prtor to jotnmg the Special Enforcement Team on June I, 2003, WHEREAS, Officer Rodney F Poccescht, who served honorably, gave his life on June 23, 2003, whtle executtng hts duties as a Law Enforcement Officer, thus demonstrattng exceptional strength, courage, and valor tn the highest trachtton of the professton and the Vtrgtma Beach Pohce Department, WHEREAS, The Councd of the C~ty of Vtrgtnta Beach wtshes to express tls great sorrow and regret at the tragtc death of this exemplary Pohce Officer, NOW, THEREFORE, BE IT RESOLVED, that the Ctty Clerk of the City of Vtrgmta Beach ts hereby dtrected to prepare a copy of thts resolutton for presentatton to the faintly of Pohce Officer Rodney F. Poccescht as an expresston of the high regard tn whtch he was hem and the affection with whzch he wtll be remembered by the Members of the Czty Council, hts colleagues and the citizens he served Reba S McClanan, Counctl Member James ~ood, ~'Counctl Member I ]~eyera E Oberff~orf Mayor - 26- Item VJ. 1. PUBLIC HEARING ITEM # $1413 Mayor Oberndorf DECLARED A PUBLIC HEARING: ELECTION VOTING PRECINCT name change from PROVIDENCE to EDWIN There betng no speakers regtstered, Mayor Oberndorf CLOSED THE PUBLIC HEARING July 8, 2003 -27- Item V-I. 2 PUBLIC HEARING ITEM # 51414 Mayor Oberndorf DECLARED ,4 PUBLIC HE,4RING: EXCESS PROPERTY at 2201 East Berrte Ctrcle, Dtstrtct 4 - Baystde Dane Lambert, Manager and Member of Yelrah Emtt Enterprtses, L L C proposes to acqutre a portton of 25-foot strtp of Ctty owned property runntng between Lake Bradford and Lake doyce There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HE,4RING July 8, 2003 - 28- Item V-K. ORDINANCES/RESOL UTION ITEM # $1d15 Upon motton by Vtce Mayor Jones, seconded by Councd Lady Eure, City Councd APPROVED IN ONE MOTION Ordtnances/Resolutton la~b, 2, 3al'o, and 4 of the and Planmng 1 of the CONSENTAGENDA. Votmg 11-0 (By ConsenO Councd Members I,'ottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf dtm Reeve, Peter IV Schmtdt, Ron A l/tllanueva, Rosemary IVtlson and James L IVood Council Members Vottng Nay None Councd Members Absent None Councdman Jones ABSTAINED on Item L 1 (GLENDA PALMER), as hts funeral home property ts adjacent to the subject property (3600 l&rgmta Beach Boulevard) July 8, 2003 Item V-K.l. afo. ORDINANCES/RES OL UTION - 29- ITEM # 51416 Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED: Ordtnances to AMEND the Ctty Code A 3~ 10-1 changtng the Providence Electron Vottng Prectnct to Edwin Precinct B ADD 3%~ 2-23, 2-91 and 2-451 I repost employment activities of former Counctl Members, officers, employees and certain appotntees Votmg 11-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None July 8, 2oos 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 5O 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 Berrie F. Williams Elementary School Eastern Shore Chapel St. Aidan'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 Catholic 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 94 95 Shannon Shell Shelton Park Sherry Park Sigma South Beach Stratford Chase Strawbridge Thalia Thoroughgood Timberlake Trantwood Village Windsor Oaks Witchduck 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 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 8TM day of July, 2003. CA-8921 DATA/ORDIN / PROPOSED/10- lord. wpd RI June 19, 2003 Requested by Councilmember Reba S. McClanan 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 agency thereof, if that matter is one in which the former member of council participated personally and substantially as a member of council throuqh decision, approval, or recommendation. 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 26 any party, in connection with any proceedinq, application, case, 27 28 29 30 contract, or other particular matter involving 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. 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 involving the City or an agency thereof, if that matter is one in which the former appointee participated personally and substantially as a council appointee through decision, approval or recommendation. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 8TM day of July, 2003. CA-8909 DATA/ORDIN / PROPOSED/02-23 & 9 lord. wpd R3 June 21, 2003 VIRGINIA ACTS OF ASSEMBLY-- 2003 SESSION CHAPTER 945 An Act to amend and reenact ~ 15 2-1408 of the Code of Vtrgmta, relating to act~vtttes of former local officers and employees Approved March 24, 2003 IH 17881 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 actlmt~es of former officers and employees by certain counties and cities The provisions of this section apply to any county having a population between 48,000 and 50,000, or between 60,000 and 62,000, or to any ctty havmg a populatton of more than 425,000 In any such county or ctty, the board of :',:pe:'v:gers governmg 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, In connection with any procee&ng, apphcat~on, case, contract, or other particular matter ~nvolvlng the county or ctty or an agency thereof, ff that matter is one in which the former officer or employee partlc~pated personally and substantially as a county or ctty officer or employee through dec~slon, approval, or recommendation The term "officer or employee," as used in this section, includes members of tho beard of superv:sers local governing bo&es, county or ctty officers and employees, and individuals who recmve monetary compensation for service on or employment by agenmes, boards, authorities, sanitary &strlcts, commlss~ons, committees, and task forces appmnted by the beard of supep.':sers local governmg body Item V-K. 2. - 30- ORDINANCES/RESOL UTION ITEM # 51417 Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, City Counctl ADOPTED: Or&nance to DECLARE EXCESS PROPERTY on a parcel of land from Lake Bradford to Lake Joyce, and, AUTHORIZE the City Manager to convey thts property to Yelrah Emit Enterprises, L.L.C. (DISTRICT 4 - BA YSIDE Vottng 11-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Councd Members Vottng Nay None Counctl Members Absent None July a, 2003 AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING CITY MANAGER TO CONVEY SAME TO YELRAH EMIT ENTERPRISES, L L C WHEREAS, the City of V~rginla Beach (the "City") acquired btle from the C~ty of Norfolk in and to a parcel of real property which included a strip of land 25 feet wide 7 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 11 PROPERTY referenced as "APPROX. 3,002 S F / 0.069AC "as shown on Location Map 12 is in excess of the needs of the City of Virginia Beach and should be sold to Yelrah Emit 13 Enterprises, L.L.C, and WHEREAS, an appraisal of market value has been prepared by a qualified 1.5 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 is hereby declared to be ~n excess of the needs 2o of the City and that the C~ty Manager ~s hereby authorized to convey 21 said port~on of the Property to Yelrah Emit Enterprises, L L.C. 1 2. That the appraised value of NINE THOUSAND DOLLARS ($9,000) ~s to be the sale price of the porbon of the property 3. That the approximately 3,002 square foot site (the "Site") shall be conveyed subject to the resubd~wsion of Lots 22 and 23 to ehm~nate interior lot I~nes for each lot This ordinance shall be effective from the date of ~ts adopbon Adopted by the Council of the City of Virginia Beach, V~rginia, on the 8th day of 8 July ,2003. 9 10 CA-8845 PREPARED June 5, 2003 APPROVED AS TO CONTENT /',~~wo;r'~k~ C,~ APPROVED AS TO LEGAL SUFFICIENCY De~w 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 Emerprises, 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. N GREENWELL RiD. I\ I II 3,002 S.F./0.069 AC 1111 II II ii II LOCATION MAP SHOWING EXCESS CITY OWNED PROPERTY ADJACENT TO 2201 EAST BERRIE CIRCLE (LOT 22) & LOT 23 WEST BERRIE CIRCLE SCALE. 1" : 200' / / I I / I I I I I I I I I~..I PIN(F) P~PC(F) 32 39' LOT 23 N 05"05'00' E LOT 22 PLA T OF- B~-t~RIE GARDEN (M~ 25, PC ~) LOT 2~ 26.33' 25' S TEIP HERFB Y VACA TED AREA = ~,002 SF CR O. 069 ACRES GPIN' 1479- 58- 2551 AREA = 16,852 SF or 0.,386 ACRES LOT 26 PIN(F,) LOT 25 -.- 36.07' PIN(F,) N 05 '05 E 125.74. £A S T eEt~t~IE CIRCI £ ('50' PLAT SHOWING  A PORTION OF A 25' STRIP OF PROPERTY TO BE VACATED ON - , . [F,~_-."_~~___.c~.'~,~-~_.~,r~ PLAT OF BERRIE GARDEN ~ , ~_~0~ / VIRGINIA BEACH, VIRGINIA  SEPTEMBER 24, 2002 MS,,A, P.C. Landscape Architecture - Plan~g ' Surveying! ,1[.. Eng/neering · Environmental Sciences ROUSE DRIVE, VIRGINIA BEACH, VA 23462-3708 PHONE (757) 490-9264 FAX (757) 490-1RJ34 DWN BY: JBN FB: 300, PG 152 JOB# 02159 SCALE: 1"= 25' Item V-K. 3. a. - 31 - ORDINANCES/RES OL UTION ITEM # 51418 Upon motton by Vice Mayor Jones, seconded by Council Lady Eure, Ctty Counctl ADOPTED: Ordtnance to AUTHORIZE a temporary encroachment tnto porttons of the Ctty's rtght-of-way 4850 and 4857 Haygood Road by DAVID and DONNA GA TLING to construct and matntatn a conduit re communication wires for Allsafe Self Storage. (DISTRICT 4 - BA YSIDE) The followtng condtttons shall be requtred The temporary encroachment shall be constructed and matntatned tn accordance wtth the laws of the Commonwealth of Vtrgtnta and the Ctty of Vtrgtnta Beach and tn accordance wtth the Ctty's spec~ficattons and approval as to stze, ahgnment and locatton The temporary encroachment shall termtnate upon nottce by the City to the apphcant and, wtthm thtrty (30) days after such nottce ts gtven, the temporary encroachment must be removed from the encroachment area by the apphcant and the apphcant wtll bear all costs and expenses of such removal 3 The apphcant shall tndemmfy and hold harmless the City, tts agents and employees from and agatnst all clatms, damages, losses and expenses, tncludtng reasonable attorney's fees tn case tt shall be necessary to file or defend an actton artstng out of the location or extstence of the temporary encroachment Nothing heretn contatned shall be construed to enlarge the permtsston and authortty to permtt the matntenance or constructton of any encroachment other than that spectfied heretn and to the hmtted extent spectfied heretn, nor to permtt the matntenance and constructton of any encroachment by anyone other than the apphcant 5 The apphcant agrees to matntatn the temporary encroachment so as not to become unstghtly or a hazard 6 The apphcant agrees that no open cut ofthepubhc roadway wtll be allowed except under extreme ctrcumstances Requests for excepttons must be submttted to the Htghway Operattons Dtvtston of the Department of Pubhc Works for final approval July 8, 2003 Item V-K. 3. a. - 32- ORDINANCES/RESOLUTION ITEM # 51418 (Continued) 7 The apphcant must obtatn a rtght-of-way permtt from the Development Servtces Center of the Planntng Department prtor to commenctng any constructton wtthtn the encroachment area The apphcant must also carry comprehenstve general habthty tnsurance tn an amount not less than Ftve Hundred Thousand Dollars ($500,000), combined stngle hmtts of such msurance pohcy or pohctes The apphcant must provtde endorsements provtchng at least thirty (30) days'wrttten notice to the Ctty prtor to the cancellatton or termtnatton of, or material change to, any of the msurance pohctes The apphcant assumes all responstbthttes and habthttes, vested or contingent, wtth relatton to the temporary encroachment The apphcant shall submit, for revtew and approval, a survey of the area betng encroached upon, certtfied by a regtstered professtonal engtneer or a hcensed land surveyor and/or "as budt" plans of the temporary encroachment, sealed by a regtstered Professional Engmeer, tf required by the Ctty Engtneer's Office or the Engtneertng Dtvtston of the Department of Pubhc Utthttes 10 The Ctty, upon revocatton of such authority and permtsston so granted, may remove the temporary encroachment and charge the cost thereof to the apphcant and collect the cost tn any manner provtded by law for the collectton of local or state taxes, may require the apphcant to remove such temporary encroachment, and, pendtng such removal, the Ctty may charge the apphcant for the use of such portton of the Ctty's rtght-of-way encroached upon the eqmvalent of what would be the real property tax upon the land so occupted tf tt were owned by the apphcant, and tf such removal shall not be made wtthtn the ttme ordered heremabove by thts Agreement, the Ctty shall tmpose a penalty tn the sum of One Hundred Dollars ($1 O0 00) per day for each and every day that such temporary encroachment ts allowed to conttnue thereafter, and, shall collect such compensatton and penalttes tn any manner provtded by law for the collectton of local or state taxes .luly & 2003 - 33 - Item V-K. 3. a. ORDINANCES/RESOLUTION ITEM # 51418 (Continued) Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wdson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None July 8, 2003 Requested by Department of Public Works 2 3 4 5 6 7 8 9 10 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 11 WHEREAS, DAVID GATLING AND DONNA GATLING desire to construct and maintain a 1½" condu~t for communication wires upon the C~ty's right-of-way known as Haygood Road. 14 WHEREAS, C~ty Councd ~s authorized pursuant to §§ 15.2-2009 and 15 2- 2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachment upon the City's property subject to such terms and conditions as Council may prescribe. 17 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' 19 That pursuant to the authority and to the extent thereof contained ~n §§ 15 2- 2009 and 15 2-2107, Code of Virgin~a, 1950, as amended, DAVID GATLING AND DONNA GATLING, their heirs, assigns and successors in t~tle are authorized to construct and 22 maintain a 1½" conduit for communication wires upon the City's right-of-way known as 23 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 26 BE IT FURTHER ORDAINED, that the temporary encroachment ~s expressly 2 7 subject to those terms, conditions and criteria contained in the Agreement between the City of V~rginia Beach and DAVID GATLING AND DONNA GATLING (the "Agreement"), which ~.9 is attached hereto and incorporated by reference; and 3O BE IT FURTHER ORDAINED, that the C~ty Manager or his authorized 3 ~ designee is hereby authorized to execute the Agreement; and 32 BE IT FURTHER ORDAINED, that this 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. 35 3 6 day of Adopted by the Councd of the City of Virginia Beach, Virginia, on the 8th Jul y ,2003. 37 38 39 40 41 /D~DPROVED AS TO CONTENTS SIGNATURE DEPARTMENT 42 43 44 45 46 47 48 CA- PREPARED June 11,2003 H \WP8\KENNEDY~ENCS\gathng ord wpd APPROVED AS TO LEGAL SUFFICIEN~%~TD 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 (¢)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this ~ Sh day of ~-~ ~4~- 20~ , 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 i 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 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 OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: David Gatl ing --~ ~/ v Donna Gatling -~ this 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 ~~'~F ~ , to-wit: The foregoin~trument was acknowledged before me this ~/~- day of ~ , 20~ , DAVID GATLING and DONNA GATLING, husband and wife. by My Commission Expires: APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY APPROVED AS TO CONTENT -;& ~2ITY REAL ESTATE AGENT ............... LOCATION MAP FOR ENCROACHMENT FOR DAVID AND DONNA GAIklNG (ALLSAFE SELF STOOGE) AT 4850 & 4857 HAYGOOD ROAD ALLSAFE.DGN MJ.S. PREPARED BY P/W ENG. CADD DEPT. APRIL 2g, 2003 Item V-K. 3. b. - 34- ORDINANCES/RES OL UTION ITEM # 51419 Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED: Ordtnance to AUTHORIZE a temporary encroachment tnto porttons of the City's right-of-way Wtndsor Oaks Boulevard and Independence Boulevard by RAYMOND GOTTLIEB, Manager for SANDLER DE VELOPMENTA T TO WNE SQUARE L.C. to construct and matntatn irrigation tn a new development for stngle famtly homes, and AUTHORIZE the Ctty Manager to execute all necessary documents (DISTRICT 3 - ROSE HALL) The followtng con&ttons shall be requtred The temporary encroachment shall be constructed and matntatned tn accordance wtth the laws of the Commonwealth of Vtrgtnta and the Ctty of Vtrgtnta Beach and tn accordance wtth the Ctty's spectficattons and approval as to stze, ahgnment and locatton The temporary encroachment shall termtnate upon nottce by the Ctty to the apphcant and, wtthtn thtrty (30) days after such notice ss gtven, the temporary encroachment must be removed from the encroachment area by the apphcant and the apphcant wtll bear all costs and expenses of such removal 3 The apphcant shall tndemntfy and hold harmless the Ctty, tts agents and employees from and agatnst all clatms, damages, losses and expenses, tncludtng reasonable attorney's fees tn case st shall be necessary to file or defend an actton artstng out of the locatton or existence of the temporary encroachment Nothtng heretn contatned shall be construed to enlarge the permtsston and authortty to permtt the matntenance or constructton of any encroachment other than that spectfied heretn and to the hmtted extent spectfied heretn, nor to permit the matntenance and construction of any encroachment by anyone other than the apphcant 5 The apphcant agrees to matntatn the temporary encroachment so as not to become unstghtly or a hazard 6 The apphcant agrees to submtt and have approved a traffic control plan before commenctng work tn the encroachment area July 8, 2003 Item V-K. 3. b. - 35- ORDINANCES/RESOLUTION ITEM # 51419 (Continued) 7 The apphcant agrees that no open cut ofthepubhc roadway wtll be allowed except under extreme ctrcumstances Requests for excepttons must be submttted to the Highway Operattons Dtvtston of the Department of Pubhc Works for final approval The apphcant agrees to obtatn a permtt from the Development Servtces Center of the Planntng Department prtor to commencing any constructton wtthtn the encroachment area Prtor to issuance of a right-of-way permtt, the apphcant must post surettes tn accordance with the project engtneer's cost estimate to the Office of Development Servtces Center/Planmng Department 10 The apphcant shall obtain and keep tn force all risk property insurance and general habthty or such tnsurance as ts deemed necessary by the Ctty, and all tnsurance pohctes must name the Ctty as addtttonal named tnsured or loss payee, as apphcable The apphcant must also carry comprehenstve general habthty tnsurance tn an amount not less than Ftve Hundred Thousand Dollars ($500,000), combtned stngle hmtts of such insurance pohcy or pohctes The apphcant must provide endorsements provtdtng at least thtrty (30) days' written nottce to the Ctty prtor to the cancellatton or termtnatton of, or matertal change to, any of the tnsurance pohctes The apphcant assumes all responstbthttes and habthttes, vested or conttngent, wtth relatton to the temporary encroachment 11 The Ctty, upon revocation of such authortty and permtsston so granted, may remove the temporary encroachment and charge the cost thereof to the apphcant and collect the cost tn any mannerprovtded by law for the collectton of local or state taxes, may requtre the apphcant to remove such temporary encroachment, and, pending such removal, the Ctty may charge the apphcant for the use of such portton of the Ctty's rtght-of-way encroached upon the equtvalent of what would be the real property tax upon the land so occupted tf tt were owned by the apphcant, and if such removal shall not be made wtthtn the ttme ordered heretnabove by thts Agreement, the Ctty shall tmpose a penalty tn the sum of One Hundred Dollars ($1 O0 00) per day for each and every day that such temporary encroachment ts allowed to conttnue thereafter, and, shall collect such compensatton and penalttes tn any manner provtded by law for the collectton of local or state taxes July 8, 2003 - 36- Item V-K.$.b. ORDINANCES/RESOLUTION ITEM # 51419 (Continued) Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf dtm Reeve, Peter I,V Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None Jury 8, 200 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Requested by Department of Publmc 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 maintain irrzgatmon into the City's rmght- of-way located at Wzndsor Oaks Boulevard and South Independence Boulevard. WHEREAS, City Council zs authorized pursuant to ~§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachments upon the Czty's right-of-way 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 mn §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended Sandler Development at Towne Square, L.C., asszgns and successors in title are authorized to construct and malntamn a temporary encroachment for zrrzgatzon zn the Czty's rmght-of-way as shown on the map entitled: "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 whzch is on file in the Department of Public Works and to which reference is made for a more particular descrzptzon; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, condmtlons and criteria contamned mn the Agreement between the C~ty of Vmrgmnia Beach and Sandler Development at Towne Square, L.C., (the "Agreement") whmch is attached hereto and ~ncorporated by reference; and BE IT FURTHER ORDAINED that the Cmty Manager or h~s authormzed desmgnee ms hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordmnance shall not be mn effect until such t~me as Sandler Development at Towne Square, L.C. and the City Manager or hms authormzed deszgnee execute the Agreement. Adopted by the Council of the Cmty of V~rginza Beach, Virginia, on the 8th day of July , 2003. 42 43 44 45 46 47 48 49 5O 51 52 CA-# gsalmons / stownesquare/ord. R-1 PREPARED: 06.12.03 ~ROVED AS TO CONTENTS S iG~NATU~E DEP~~ APPROVED AS ~L~GAL C I TI~ATTO~NE~ LOCATION MAP SHOWING ENCROACHMENT REQUESTED BY SANDIER DEVELOPMENT AT TOWNE E~_ ~i~~-,~,~' SQUARE, L.C. ,~ o ,~llNTO CITY RIGHT-OF-WAY (~ i~ NDEPENDENCE BOULEVARD ~. ~ AND ~ .~WINDSOR OAKS BOULEVARD~ TOWN SQUARE DGN MJ S PREPARED BY P/W ENG CADD DEPT JAN 2, 2003 PREPARED BY VIRGINIA BEACH CITY ATI'ORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-811(a)(3) AND 58 1-811(¢)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this t-¥3~ day of, ._~Wh~. ,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 TN E 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 ofthe 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 Encroachmem", 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 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 onthat certain plat entitled: "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 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, fi.om 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 ofthe 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 right 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 nmned insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or comingent, with relation to the Temporary Encroachmem. 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 Encroachmem 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 Agreemem, 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 cominue 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 Sandier Developmem at Towne Square, L.C. has caused this agreemem to be executed by Raymond Gottlieb, Manager of Sandier 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. By Raymond Gottlieb, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrumem was acknowledged before me this ,2003, by 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 STATE OF ~/~AtA_6~ D , CITY/COUNTS/aOF ~/'~_gg, lt,~ ~) to-wit: 0 The foregoing instrument was acknowledged before me this day of 2003, by Raymond Gottlieb, Manager on behalf of Sandler Developmem at Towne Square, L.C. My Commission Expires: Notary Pubt/c APPROVED AS TO LEGAL SUFFIC~Y CITY ATTORNEY APPROVED AS TO CONTENT ! (2(TY REAL ESTATE AGENT Rev 07 24 02 6 (.~ o n~ Z a_ a3 0 b.. C~l ,-- 0 Z ~: mh- ZO~r'~o NOW OR FORMERLY CITY OF VIRGINIA BEACH D.B 2232. P 1775 -J IL GPIN 1476-84--4100 I III I / ~ _~"' u) r,- ~11 I / III. I / z I <'"~"'& III '~ \ I ~ -" .<~ III ~ \ · S45'26' ~ 5'~ 157 20' WIN~ OAK8 BOULEVARD 96' AND VAR R/W (M.B. 305, P. 4)// EXIST. 8' WL- \ // \ :=~,...=._ -..~_ -- EXIST. 10" SS=----"~:'I~"'~----~"'~'-'~~"~-~ EXIST. 12" FM A I i I I ' ' S45'26' 15"W 157.20' Exhibit "A" 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 MATCH LINE - SEE SHEET 1 N~ o - ~ 2" IRRIGATION LINE WITH FIXED SPRAY HEAD EXHIBIT SHOWING IRRIGATION ENCROACHMENT AT TOWNE SQUARE VIRGINIA BEACH, VIRGINIA SCALE 1" = 30' APRIL 28, 2003 SHEET 2 OF 9 Z ~40' UTILITY · -~,MB. 305, P. 4.-12 1%,~:~On," '- I ,.~ n LI :D r~ 0 '"'~ e,I "~'Z '"- 0~0 _ ~ZZ~O~ MATCH LINE - SEE SHEET 4 MATCH LINE- SEE SHEET 2 UTILITY ESMT. M.B. 305, P. 4--12 N65'52'O3"W 122.50' n,,' D 2" IRRIGATION LINE WITH FIXED SPRAY HEAD EXHIBIT SHOWING IRRIGATION ENCROACHMENT AT TOWNE SQUARE VIRGINIA BEACH, VIRGINIA SCALE 1" : 30' APRIL 28, 2003 SHEET 5 OF 9 , , · MATCH LINE - SEE SHEET 5 II ~ I II I I II I I I ~ I II I , ~ I II I ~ II ~ II I I II I I I oo~ I II o ~ o · z~ I _~z~ o I II I ~ z I II I I II ~ ~ 2" IRRIOATION LINE X ~ I ~ ~ II I EXHIBIT SHOWING ~ I ~ II I IRRIGATION ENCROACHMENT ~~ ' I AT ~ I g II TOWNE SQUARE ~ I ~ II I o . VIRGINIA B~CH, VIRGINIA ~ I ~m I ,, ~ ~ II SCALE: 1 ~ I II I APRIL 28, 2003 I ~ II I ~ I 0 II I SHE~ 4 OF 9 ~ ~o I I II ~ I I II I CAIN~Y ~N~ I = ~ =12 OJ~ =~j ~=EXIST lB" SS ....... ~ I II /~5~ - -~ m - _ _ ~EXlST. 8"WL- il[ MATCH LINE - SEE SHE~ 3 MATCH LINE - SEE SHEET ,6 I ~1 20' SAN SEWER ESMT (.I') (INSTiR. ~200304-140057195) UJ II III 12.00' J I 15' UTILITY ESMT. M.B 505, P. 4-12 = -- EXIST 8~ 2" IRRIGATION LINE WITH FIXED SPRAY HEAD EXHIBIT SHOWING IRRIGATION ENCROACHMENT AT TOWNE SQUARE VIRGINIA BEACH. VIRGINIA SCALE: 1" = ,:30' APRIL 28, 200,:3 SHEET 5 OF 9 MATCH LINE - SEE SHEET 4 ~ ~, MATCH LINE - SEE SHEET '- m o ~L'-I ,-o n,. o I.~-~ ~ o,¢ oo. I I I I I I I / , MATCH LINE - SEE SHEET 5 --~ 2" IRRIGATION LINE WITH FIXED SPRAY HEAD EXHIBIT SHOWING IRRIGATION ENCROACHMENT AT TOWNE SQUARE VIRGINIA BEACH, VIRGINIA SCALE: 1" = 30' APRIL 28, 2003 SHEET 6 OF 9 _jrt W r~O 4-77 co(j1 'o MATCH LINE - SEE SHEET 6 PARCEL E M B. 305, P 4--12 536.19' d · ,,'-, '~' "~ 0~,-'' I o- [3. ~Z~ 2" IRRIGATION LINE WITH FIXED SPRAY HEAD S65'52'23"E '~z rn~°~rn-z ,", a. 199.29' EXHIBIT SHOWING IRRIGATION ENCROACHMENT AT TOWNE SQUARE VIRGINIA BEACH, VIRGINIA SCALE: 1" = ,30' APRIL 28, 200,3 SHEET 7 OF 9 40' UTILITY ESMT. M.B. 305, P. 4-12 MATCH LINE SEE SHEET 3 II J PARCEL H-1 ..': I ,ii INST. ,20021009304.6515 NOW OR FORMERLY SANDLER DEVELOPMENT D.B. 4675oP. 1 G~I~ ~ 48~-03-0004 MATCH LINE SEE SHE~ 4 2' IRRIGATION LINE WITH FIXED SPRAY HEAD MATCH LINE SEE SHEET 3 MATCH LINE SEE SHEET 4 40' UTILITY ESMT I M B. 305, P 4--12 I PARCEL G MB. 305, P. 4.-12 NOW OR FORMERLY SANDLER DEVELOPMENT AT TOWNE SQUARE, L L.C. D.B. 4-675,P. 1069 GPIN 1486-12-3970 EXHIBIT SHOWING IRRIGATION ENCROACHMENT AT TOWNE SQUARE VIRGINIA BEACH, VIRGINIA SCALE 1" = 30' APRIL 28, 2003 SHEET 8 OF 9 15' UTILITY ESMT. (M B 305, P. 4-12 PARCEL H- 1 IN ST.#200210093046515 NOW OR FORMERLY SANDLER DEVELOPMENT AT TOWNE SQUARE, EEC. D B. 4675,P. 1069 GPIN 1486-03-9094 MATCH LINE- SEE SHEET 5 2" IRRIGATION LINE WITH FIXED SPRAY HEAD MATCH LINE - SEE SHEET 5 35' UTILITY ESMT (M.B 305, P. ~-12 PARCEL G M.B. 305, P. 4-12 NOW OR FORMERLY SANDLER DEVELOPMENT AT TOWNE SQUARE, L L.C. D B 4675,P. 1069 GPIN 1486-12-3970 EXHIBIT SHOWING IRRIGATION ENC,~OACHMENT TOWNE SQUARE VIRGINIA BEACH, VIRGINIA SCALE. 1" = ,30' APRIL 28, 200,3 SHEET 9 OF' 9 Item V-K. 3. c. -37- ORDINANCES/RES OL UTION ITEM # 51420 Attorney Eric Hauser, 222 Central Park Drtve, Phone 473-5310, represented Thtrty Ftrst Street, LC, spoke tn SUPPORT. Barbara Messner, Post Office Box 514, Phone 422-1902, represented Frtends of 31st Street Park, and spoke tn OPPOSITION Upon motton by Vtce Mayor Jones, seconded by Councdman Schmtdt, Ctty Counct1.4DOPTED: Ordtnance to .4 UTHORIZE temporary encroachments tnto porttons of the City's rtght-of-way Atlantic Avenue, 30'h Street and the Greenbelt by THIRTY FIRST STREET, L.C. to construct and matntam roof overhangs, balconies, domestic water main, fire main, awning and pavers at the Htlton Resort and Conference Center (DISTRICT 6 - BEACH) The temporary encroachments shall be constructed and matntatned tn accordance wtth the laws of the Commonwealth of Vtrgmta and the Ctty of Vtrgtnta Beach and tn accordance wtth the Ctty's spectficattons and approval as to size, ahgnment and locatton 2 The temporary encroachments shall termtnate upon notice by the Ctty to the Contract Lessee and, wtthtn one hundred etghty (180) days ~er such nonce ts gtven, the temporary encroachments must be removed from the encroachment area by the Contract Lessee and the Contract Lessee wtll bear all costs and expenses of such removal The City shall promptly tssue all necessary permtts for satd removal to ensure that the Contract Lessee may complete the removal wtthtn the nme pertod set forth heretn Nothtng heretn shall prohtbtt the Ctty from tmmechately removtng, or ordertng the Contract Lessee to remove, all or any part of the encroachments tn the event of an emergency orpubhc necesstty The Contract Lessee shall tndemntfy and hold harmless the Ctty, its agents and employees, from and agatnst all clatms, damages, losses and expenses, tncludtng reasonable attorney's fees tn case tt shall be necessary to file or defend an actton artstng out of the locatton or extstence of the temporary encroachments July & 2003 - 38- Item V-K. 3. c. ORDINANCES/RESOLUTION ITEM # 51420 (Continued) The Contract Lessee agrees that nothtng heretn contained shall be construed to enlarge the permtsston and authortty to permtt the matntenance or constructton of any encroachments other than that spectfied heretn and to the hmtted extent spectfied heretn, nor to permtt the matntenance and constructton of any encroachment by anyone other than the Contract Lessee 6 The Contract Lessee agrees to matntatn the temporary encroachments so as not to become unstghtly or a hazard The Contract Lessee agrees to submit and have approved a traffic control plan before commencmg work tn the encroachment area The Contract Lessee agrees that no open cut of the pubhc roadway wtll be allowed except under extreme ctrcumstances Requests for excepttons must be submttted to the Htghway Operattons Dtvtston of the Department of Pubhc Works for final approval The Contract Lessee agrees to obtatn a permtt from the Development Servtces Center of the Planmng Department prtor to commencing any construction wtthtn the encroachment area 10 Prtor to tssuance of a rtght-of-way permtt, the Contract Lessee mustpost sureties, tn accordance wtth theproject engtneer's cost esttmate, to the Office of Development Servtces Center/Planmng Department 11 The Contract Lessee shall obtatn and keep tn force all rtsk property tnsurance and general habthty or such tnsurance as ts deemed necessary by the Ctty, and all msurance pohctes must name the Ctty as addtttonal named tnsured or loss payee, as apphcable The Contract Lessee agrees to carry comprehenstve general habthty tnsurance tn an amount not less than Ftve Hundred Thousand Dollars ($500,000), combtned stngle hmtts of such tnsurance pohcy or pohctes The Contract Lessee must provtde endorsements provtdtng at least thtrty (30) days' wrttten nottce to the Ctty prtor to the cancellatton or termtnatton of, or matertal change to, any of the tnsurance pohctes The Contract Lessee assumes all responstbthttes and habthttes, vested or conttngent, wtth relatton to the temporary encroachments 12 The Contract Lessee agrees that the temporary encroachments must conform to the mtntmum setback reqmrements, as estabhshed by the Ctty July 8, 2003 - 39- Item V-K. 3. c. ORDINANCES/RESOLUTION ITEM # 51420 (Continued) 13 The Ctty, upon revocatton of such authortty and permtsston so granted, may remove the temporary encroachment and charge the cost thereof to the Contract Lessee and collect the cost tn any mannerprovtded by law for the collectton of local or state taxes, may requtre the Contract Lessee to remove such temporary encroachments, and, pendmg such removal, the City may charge the Contract Lessee for the use of such portton of the Ct ty's rtght- of-way encroached upon the equivalent of what would be the real property tax upon the land so occupted tf tt were owned by the Contract Lessee, and tf such removal shall not be made wtthtn the ttme ordered heretnabove by thts Agreement, the Ctty shall tmpose a penalty tn the sum of One Hundred Dollars ($100 00) per day for each and every day that such temporary encroachments are allowed to conttnue thereafter, and, shall collect such compensatton andpenalttes tn any mannerprovtded by law for the collectton of local or state taxes Vottng 10-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva and James L Wood Counctl Members Vottng Nay None Counctl Members Abstamtng Rosemary Wtlson Counctl Members Absent None Counctl Lady Wtlson DISCLOSED and ABSTAINED Pursuant to 3~ 2 2-3115(E) regardmg Ctty Counctl's dtscusston of an ordtnance to authorize temporary encroachments, sought by Thtrty First Street, L C, regardtng the Htlton Resort and Conference Center and the Ctty's rtght-of-way located at Atlanttc Avenue, 30'h Street and the Greenbelt Her husband ts a prtnctpal tn the accounttng firm, Goodman and Company Her husbandpersonallyprovtdes servtces to Thtrty Ftrst Street, L C Counctl Lady Wtlson wtshes to dtsclose her tnterest tn thts transactton and abstatn Counctl Lady Wtlson's letter of duly 8, 2003, ts hereby made a part of the record July 8, 2003 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 Requested by Department of Public 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, Thirty First Street, L.C., desires to construct and maintain roof overhangs, balconmes, domestic water ma~n, fire main, awnmng, and pavers ~nto the C~ty's rzghts-of-way located at Atlantzc Avenue, 30th Street, and the Greenbelt. WHEREAS, Cmty Council ms authormzed pursuant to §§ 15.2- 2009 and 15.2-2107, Code of Virg~nma, 1950, as amended, to authorzze temporary encroachments upon the C~ty's rmghts-of-way sub]ect to such terms and condmtions as Councml 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 contazned in ~ 15.2-2009 and 15.2-2107, Code of Vmrgmnma, 1950, as amended Thirty-First Street, L.C., assigns and successors in title, are authorized to construct and maintazn a temporary encroachment for roof overhangs, balconies, domestic water ma~n, f~re ma~n, awnmng, and pavers zn 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 file in the 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Department of Public Works and to whzch reference ms made for a more partmcular descrmption; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criterza contazned in the Agreement between the City of Vzrginma Beach and Thlrty-Fmrst Street, L.C., (the "Agreement") whzch is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the C~ty Manager or h~s authorized deszgnee ms hereby authorzzed to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordmnance shall not be ~n effect until such time as Thirty-F~rst Street, L.C. and the C~ty Manager or his authorized designee execute the Agreement. Adopted by the Council of the Cmty of V~rglnma Beach, Virginma, on the 8th day of July , 2003. 40 41 42 43 44 45 46 47 48 49 50 CA-# gsalmons/31st/ord. R-1 PREPARED: 07.01.03 D AS TO CONTENTS " SIGNATURE DEPARTMENT APPROVED A~ TO LEGAL CITY ATTORNEY L OCA TION LOCATION MAP SHOWi NG ENCROACHMENT REQUESTED BY THIRTY-FIRST STREET, L.C. INTO CITY RIGHT-OF-WAYS ATLANTIC AVENUE, 30th STREET & THE GREENBELT SCALE:I" = 200' PREPARED BY PA/V ENG DRAFT 18-JUN-2003 City of Virginia Beach ROSEMARY WILSON COUNCIL LADY - AT-LARGE PHONE (757) 422-0733 FAX. (757) 426-5669 July 8, 2003 Mrs. Ruth Hodges Smith, MMC City Clerk Mumcipal Center V~rginia Beach, Virginia 23456 Dear Mrs. Smith: Re: Disclosure Pursuant to Code of Virginia § 2.2-3115(E) Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: I am executing this written disclosure regarding City Council's discussion of an ordinance to authorize a temporary encroachment, sought by Thirty First Street, L.C., regarding the Hilton Resort and Conference Center and the City's nght-of-way located at Atlantic Avenue, 30th Street, and the Greenbelt. . A party involved in the transaction-Thirty First Street, L.C.-~s a chent of the accounting finn, Goodman and Company. My husband is a principal ~n Goodman and Company. 3. My husband personally provides services to Thirty First Street, L.C. . I wish to disclose my interest in this transaction and abstain from C~ty Council's consideration of the matter. 310 53RDSTREET, VIRGINIA BEACH, VA 23451 Mrs. Ruth Hodges Smith -2- July 8, 2003 Re: Disclosure Pursuant to Code of Virginia § 2.2-3115(E) Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sinc,erely, Rosemary A. Wilson Councllmember RAW/RRI Enclosure 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 TItIRTY-FIRST STREET, L.C., Grantee, its ASSIGNS AND SUCCESSORS IN TITLE, "Contract Lessee", even though more than one. WI TNE S S E TH: WHEREAS, the City of Virginia Beach Developmem Authority is the owner of that certain lot, tract, or parcel of land designated and described as "Block 73 Lots 1 ttma 6", as shown on that certain plat emitled, "Property of Virginia Beach Development Co., Virginia Beach Va. North of 25th 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 Comract Lessee is the lessee and it is proposed by the Comract Lessee to construct and maintain roof overhangs, balconies, domestic water main, fire main, awning, and pavers, "Temporary Encroachmem", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachmem, it is necessary that the Comract Lessee encroach into portions of existing City rights of way known as Atlantic Avenue, 30~ Street, and the Greenbelt, "The Temporary Encroachmem 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 entitled: "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. Provided however, nothing here in shall prohibit the City from 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 Encroachmem Area, the equivalem of what would be the real property tax upon the land so occupied if k 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 cominue 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 agreemem to be executed on its behalf by Bruce 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 agreemem 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 THIRTY-FIRST STREET, L.C. BY PROFESSIONAL HOSPITALITY RESOURC;S~~ MANAGER/MEMBER b/Bmce ~hompson, CEO~resident STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument 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 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 6 STATE OF kd '~ ~ ~, a, CITY/COUNTY OF ~ ~ 0_t%; ~..~ ~ a~Oto-wit: The foregoing instrument was acknowledged before me this day of ,-~'~-t~.t~ ,2003, by Bruce L. Thompson, CEO/Presidem on behalf of Thirty-First Street, L.C., by Professional Hospitality Resources, Inc., Manager/Member. My Commission Expires: Notary Public APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY PROVED AS TO CONTENTI REAL ESTATE AGENT Exhibit "A" ATLANTIC OCEAN _ _ -- = 259' ~-PAVERS AND TEMPORARY ROOF OVERHANG 4,5' I ~ ~14' ABOVE GRADE ~ "- -~ ~ 2,3 O' X- BALCONY - 17' ABOVE GRADE / I '-' ~ ~ I., / / ~ ~ ~ ST PROPERTY LINE  ~1 ~1 UNDERGROUND ~, ~ 6" WATERLINE~ ~ ~ ~ ~S~n' ~-~-- SOUT~ P~OP~,~ U~ ~~~ ~ ~ I~ NORTH PROPER. LINE ~~ ~ . _~ /-L ~~-- ~- I ~ ' ~ ' ~ ' ~ " ~ AT~NTIC AVENUE / -- -WgST PROPER~ LINE ~ / ~ ~ R F V RHAN ' R F H " ~ I OVER ANG 45~ ~ ABOVE GRADE ABOVE GRADE / L,~ HIltON ~SO~ AND CONF~NC~ C~N~E~ VIrgINIA ~ACH, VA THIRTY FIRST STREET LC ~t~~Eng~ng s~ ~,~,~ ~s~o~ C P ~ 6 / 26/0 ENCROACHMENTS ~AW~ dAW ,~o~ ~o ~777 2 SKC- C,~CXED CP SCA~ ~ "= 50' SHT ..... o o 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 Item V-K. 4. - 40- ORDINANCES/RES OL UTION ITEM # 51421 Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED: Resolutton to AUTHORIZE the FY2003-04 Performance Contract between Vtrgtnta Beach Communtty Servtces Board (CSB) and Vtrgtnta Mental Health/Mental Retardatton/Substance Abuse Servtces (MH/MR/SA) re fun&ng for servtces Vottng 11-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None July 8, 2003 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 8th day of July , 2003. CA-8926 Ordin/Noncode/mhord. wpd R-1 June 18, 2003 APPROVED AS TO CONTENT- ! · ~ommun~y ,~ervi~es Board APPROVED AS TO LEGAL SUFFICIENCY: City Attorne~ Office DATE: June 3, 2003 TO: FROM: Citizens of Virginia Beach Martha S. McClees, Virginia Beach Community Services Board Chair SUBJECT: 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 ~n 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 distribution reflects both operational and admimstrative 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 Proposed # of Program Service Unit Fundin~l Units of Service Consumers Mental Health Emergency Services $871,519 9,000 Hours 1,140 , Outp,at~ent Services $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 Transitional/Supported Employment $ 84,974 1,500 Hours 32 Alternabve Day Support Arrangements $ 62,110 2,550 Bed Days 18 Supportive Services (Residential 581 ) $899,029 12,500 Hours 103 Dischar~le Assistance Pro~ect $330,121 Various Units 8 Chddren w~th SED Non-CSA Mandated $340,539 Various Umts 90 i Mental Retardation I I Case Mana~lement Serv,ces $1,169,404 I s,928 Hours 385 ] Rehabd~tabon $286,505 10,351 Hours 13 Family Support 136,806 N/A 309 Supportwe Services (Res~denbal) $644,971 21,499 Hours 28 Trans~bonal or Supported Employment $111,441 2,184 Hours 27 Superwsed Res~denbal Services $715,429 2,803 Bed Days 8 H~hl¥ Intenswe Res~denbal $909,439 2,767 Bed Da~'s 8 Home and Commumty Based Wawer $4,862,849 Various Umts 458 Serwces *Bdlable Umts as Defined by Medicaid Substance Abuse I Outpat,ent $602,452 [ 7,200 ] 475 Da)/Treatment/Part Hosp $448,954 14,630 120 H~lhl¥ Intensive (Res~denba!) $707,910 2,475 525 Ja~l-Based Habdltabon $519,701 27,700 320 Supporbve Res~denbal Services $359,551 7,500 150 Facility Admission D~vers~on Project $121,530 Various Umts 52 Prevenbon $1,200,647 20,800 N/A ~,dministration I Adm~n~strabve Support 1,990,921 NA The full proposal ~s avadable for rewew and public comment beginning 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 V~rgin~a Beach Public Information Off~ce Municipal Center, Bldg. #22 Phone: 427-4111 The proposal wdl be d~scussed w~th opportumty for public comment at June d~sab~l~ty committee meetings as follows Mental Retardation Committee June 10, 2003 Pembroke 6, Suite 218 8:00 a.m Mental Health and Substance Abuse Committee June 17th Pembroke 3, Suite 126 12 00 pm The contract wdl 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 Councd for consideration and approval tentatively scheduled for July 8th Follow~ng C~ty Councd 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, Administrative Services Manager V~rgm~a Beach Depart Of MHMRSA 297 Independence Blvd Pembroke 6, Suite 208 V~rg~n~a Beach, VA 23462 or emad to/br~ckee@vb.qov com THE-BEACON ;Sunday; June 8, 2003 PUBLIC NOTICE As required by Section 37 1 - 198 of the Code of VIrg~ma, the Virg~ma Beach Commumty Services Board is pleased to make its proposed 2004 state performance contract available for rewew and ~nv~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 avadable for public mental health, mental retar- dat~on and substance abuse services Beginning Thursday June 5th through July 4th the public may rewew the draft document at the following locations Community Services Board Web Page http//www vbgov com/dept/csb/announce asp VB DMHMRSA 297 Independence Blvd Pembroke 6, Suite 208 Phone 437-5760 C~ty of Wrgm~a Beach Clerk's Off~ce Mumc~pal Center- Bldg 1, Room 281 Phone 427-4303 Wrgm~a Beach Central L~brary 4100 Virginia Beach Blvd Phone 4313001 City of V~rg~ma Beach Public Information Off~ce Mumc~pal Center, Bldg 22 Phone 427-4111 The full document can be rewewed at each of these locations Cop~es of a summary of the funding port,on of the document writ also be ava~l- able'to the pubhc If you would hke the summary document, please call 437 5760 Please prowde written comments to the following address Jerry Bnckeen, Administrative Services Manager V~rgm~a Beach Commumty Services Board 297 Independence BIvd Pembroke 6, Suite 208 Wrgmla Beach, VA 23462 There will be opportumt~es for pubhc comment at the Board's June dlsabdlty 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 Retardation Committee, June lOth at 8 O0 a m, Pembroke 6, Suite 218 The V~rgm~a Beach Commumty Services Board wdl consider the con- tract at ~ts June 26th meeting, and the contract ~s proposed to be on C~ty Council's agenda for consideration on July 8th Ruth Hodges Smith, MMC C~ty Clerk If you have any questions, please call 437-5760, TDD 437-6157 Beacon June 8, 2003 10388375 - 41 - Item V-L. PLANNING ITEM # 51422 1. GLENDA PALMER CONDITIONAL USE PERMIT July 8, 2003 Item V-L. 1. - 42 - PLANNING ITEM # 51423 Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Council APPROVED the Ordtnance upon Apphcatton of GLENDA PALMER for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF GLENDA PALMER FOR A CONDITIONAL USE PERMIT FOR A TATTOO PARLOR (PERMANENT MAKE-UP) R070331111 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Apphcatton of Glenda Palmer for a Conditional Use Permit for a tattoo parlor (permanent make-up) on property located at 3617 Vtrgmta Beach Boulevard (GPIN 1487644208) DISTRICT 3 - ROSE HALL The followtng con&ttons shall be requtred The Con&ttonal Use Permtt for a permanent makeup (tattoo) estabhshment ts approved for a pertod of one year, wtth an admtnzstrattve revtew every year thereafter A business hcense shall not be tssued to the apphcant wtthout the approval of the Health Department for conststency wtth the provtstons of Chapter 23 of the Ctty Code No stgnage more than four (4) square feet of the enttre glass area of the extertor wall(s) shall be permitted on the wtndows There shall be no other stgns, tncludtng neon stgns or neon accents tnstalled on any wall area of the extertor of the butldtng, wtndows and / or doors The actual permanent makeup (tattoo) operatton on a customer shall not be vtstble from any pubhc rtght-of-way adjacent to the estabhshment Thts Ordmance shall be effecttve tn accordance wtth Sectton 107 Or) of the Zontng Ordmance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgmta, on the Etghth of duly, Two Thousand Three July 8, 2003 - 43 - Item V-L. 1. PLANNING ITEM # 51423 (Continued) Vottng 10-0 (By ConsenO Counctl Members IZottng Aye Harry E Dtezel, Margaret L Eure, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Vottng Nay None Counctl Members Abstatntng IZtce Mayor Louts R Jones Counctl Members Absent None Counctlman Jones ABSTAINED as one of hts funeral homes ts adjacent to the subject property (3600 lZtrgtnta Beach Boulevard) July 8, 2003 - 44 - Item V-M. 1. APPOINTMENTS ITEM # 51424 BY CONSENSUS, Ctty Councd RESCHEDULED the following APPOINTMENTS: DEVELOPMENT AUTHORITY MINORITY BUSINESS CO UNCIL PARKS AND RECREATION COMMISSION PERFORMING ARTS THEATRE AD VISOR Y COMMITTEE SHORE DRIVE AD VISOR Y COMMITTEE TO WING AD VISOR Y BOARD YOUTH SER VICES CO UNCIL . uly 2oo - 45- Item V-M. 2. APPOINTMENTS ITEM # 51425 Upon NOMINATION by Vtce Mayor Jones, City Counctl REAPPOINTED: Kathleen M. Carter Thomas A. Felton, Jr. 2-year terms 07/01/2003 - 06/30/2005 APPOINTED: Beatriz Amberman Jean Rawls 2-year terms 07/01/2003 - 06/30/2005 ARTS AND HUMANITIES COMMISSION Vottng 11-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None July 8, 2003 Item V-M. 3. - 46- APPOINTMENTS ITEM # 51426 Upon NOMINATION by Vtce Mayor clones, Ctty Counctl REAPPOINTED Dan H. Brockwell Thomas R. Pritchard Whit G. Sessoms, III S. Grady Viccellio 3-year terms 07/01/2003 - 06/30/2006 BEACHES AND WA TER WA YS COMMISSION Vottng 11-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None duly 8, 2003 Item V-M. 4. -47- APPOINTMENTS ITEM # 5142 7 Upon NOMINATION Vtce Mayor Jones, Ctty Counctl REAPPOINTED Margaret L. Eure James K. Spore 2-year terms 07/01/2003 - 06/30/2005 HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) Vottng 11-0 Counctl Members Voting Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None July 8, 2003 - 48 - Item V-M. 4. APPOINTMENTS ITEM # 51428 Upon NOMINATION by Vtce Mayor Jones, City Counctl APPOINTED Marrilu P. Ablowich 3-year term 09/01/2003 - 08/30/2006 PUBLIC LIBRARY BOARD Vottng 11-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None July 8, 2003 - 49- ITEM # 51429 Mayor Meyera E Oberndorf entertatned a motton to permtt Ctty Council to conduct tts second CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followmg purpose PERSONNEL MA TTERS Dtscusston, constderatton or tntervtews of prospecttve candtdates for employment, assignment, appomtment, promotion, performance, demotion, salaries, dtsctphmng, or restgnatton of spectfic pubhc officers, appotntees, or employees pursuant to Sectton 2 2-3 711 (A) (1) To Wtt Appotntments Boards and Commtsstons Development Authortty Hampton Roads Economtc Development Alhance Mtnortty Bustness Counctl Parks and Recreatton Commtsston Performing Arts Theatre Advtsory Commtttee Shore Drive Advtsory Commtttee Towtng Advtsory Board Motton by Vtce Mayor Jones, seconded by Counctlman Wood, Ctty Counctl voted to proceed tnto CLOSED SESSION (6:22 P.M.). Voting 11-0 Council Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None (6:22 P.M. - 6:57P. M. ) July 8, 2oo3 - 50- ITEM it 51430 Mayor Meyera E Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldmg, on Tuesday, July 8, 2003, 6 57 P M Counctl Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Absent None July & 2003 - 51 - CER TIFICA TION OF CLOSED SESSION ITEM # 51431 Upon motion by Counctlman Schmtdt, seconded by Counctlman Vdlanueva, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS at 6:22 P.M. Only pubhc bus~ness matters lawfully exempted from Open Meettng requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch thts certtficatton resolutton apphes, AND, Only such pubhc busmess matters as were tdentzfied tn the motton convemng the Closed Sesston were heard, dtscussed or considered by Vtrgmta Beach Ctty Counctl Vottng 11-O Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Counctl Members Voting Nay None Counctl Members Absent None July 8, 2003 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The V~rg~ma Beach C~ty Councd convened ~nto CLOSED SESSION, pursuant to the affirmative vote recorded ~n ITEM # 51429, page 49, and ~n accordance w~th the provisions of The Virginia Freedom of Information Act, and, WHEREAS Section 2 2-3 711 (.4) of the Code ofV~rg~ma reqmres a certification by the govermng body that such Closed Session was conducted ~n conformity with Vlrg~ma law NOW, THEREFORE, BE IT RESOLVED That the V~rg~ma Beach C~ty Councd hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting reqmrements by V~rglma law were d~scussed in Closed Session to which this certification resolution applies, and, (b) only such public business matters as were identified in the motion convemng this Closed Session were heard, d~scussed or considered by V~rg~ma Beach C~ty Council t{uth ~' Hodges Smith, MMC City Clerk July 8, 2003 - 52 - Item V-O ADJOURNMENT ITEM # 51432 Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 6:58 P.M. Beverly 0 Hooks, CMC Chtef Deputy Ctty Clerk Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta July 8, 2003