APRIL 26, 2005 MINUTES
CITY OF VIRGINIA BEACH
COMMUNITY FOR A LIFETIME
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
HARRY E. DlEZEL Kempsville - District 2
ROBERT M DYER, Centerville - District I
REBA S. McCLANAN, Rose Hall - District 3
RICHARD A. MADDOX, Beach - District 6
JIM REEVE, Princess Anne - District 7
PETER W SCHMIDT, At-Large
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL
CITY COUNCIL AGENDA
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, ViRGiNiA 23456-8005
PHONE:(757) 427-4303
FAX (757) 426-5669
E-MAiL: Ctycncl@vbgov.com
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESUE L. LILLEY
CITY CLERK - RUTH HODGES SMITH, MMC
26 April 2005
I.
CITY MANAGER'S BRIEFINGS
- Conference Room -
12:JlP.Ml
A. WORKFORCE and AFFORDABLE HOUSING NEEDS ASSESSMENT
Andrew Friedman, Director - Housing and Neighborhood Preservation
B. CODE ENFORCEMENT RENTAL INSPECTION PROGRAM
Andrew Friedman, Director - Housing and Neighborhood Preservation
C. JOINT LAND USE STUDY (JLUS)
Robert Scott, Director - Planning
II.
BUDGET WORKSHOP
- Conference Room -
3:00 PM
A. ECONOMIC VITALITY
B. CULTURAL and RECREATIONAL OPPORTUNITIES
C. F AMIL Y and YOUTH OPPORTUNITIES
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA ITEMS
V. INFORMAL SESSION
- Conference Room -
5:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- Council Chamber -
6:00PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. . INVOCATION:
Reverend Charles H. Williams
Pastor, Morning Star 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
April 12,2005
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARINGS
1. THOROUGHGOOD HOUSE Preservation Easement at 1636 Parish Road
2. OPERATING BUDGET re EFFECTIVE TAX RATE
I. CONSENT AGENDA
J. ORDINANCES
1. Ordinance to AMEND the City Code SS 1-2,6-3,6-30,6-114 and 31-28 re the term "Resort
Season", incorporate the term in certain ordinances and amend provisions ofthe City Code
re prohibited beach activities during the Resort Season.
2. Ordinance to TRANSFER $335,000 from the FY 2004-2005 Operating Budget of the
Department of Human Services and $100,000 from the Reserve for Contingencies-Juvenile
Detention to the FY 2004-2005 Operating Budget of the Department of Juvenile Probation
re Less Secure Detention Services.
3. Ordinance to AUTHORIZE acquisition of property in fee simple for the right-or-way for the
Seaboard Road project and the acquisition oftemporary and permanent easements, either by
agreement or condemnation.
4. Ordinance to AUTHORIZE a temporary encroachment into a portion ofthe right-of way at
Princess Anne Road and Nimmo Parkway by COURTHOUSE MARKETPLACE, LLC to
construct and maintain a monument sign.
K. PLANNING
1. Application of VICTORY CHAPEL for the Modification of Condition No.3 on a
Conditional Use Permit re a nonconforming sign approved by City Council on August 12,
2003 at 6644 Indian River Road. (DISTRICT 2 - KEMPSVILLE)
RECOMMENDATION:
DENIAL
2. Application ofCSM, L.L.c. for a Change of Zoning District Classificationjrom A-i8
Apartment District to R-5S Residential Single Family District at Rosemont Road and
Bancroft Drive. (DISTRICT 3 - ROSE HALL)
RECOMMENDATION:
INDEFINITE DEFERRAL
3. Application of BAY BREEZE CONDOMINIUMS, INC. for the discontinuance, closure
and abandonment of a portion of Summerville Court. (DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROVAL
L. APPOINTMENTS
COMMUNITY POLICY AND MANAGEMENT TEAM - CSA AT RISK
COMMUNITY SERVICES BOARD
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE
MINORITY BUSINESS COUNCIL
OPEN SPACE SUBCOMMITTEE
PARKS AND RECREATION COMMISSION
PERFORMING ARTS THEATRE ADVISORY COMMITTEE
PERSONNEL BOARD
THE PLANNING COUNCIL
SHORE DRIVE COMMITTEE
TIDEWATER TRANSPORTATION DISTRICT COMMISSION
TOWING ADVISORY BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. 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: VIRGINIA RELAY at 1-800-828-1120
**********
EVENT
Reconciliation
Workshop
Adoption of FY
2005-2006
Resource
Management
Plan
2005-2006 RESOURCE MANAGEMENT PLAN SCHEDULE
TOPIC LOCATION
Council
Conference Room
City Council Vote on Resource Council Chamber
Management Plan
DATE
May 3, 2005
May 10, 2005
6:00 PM
Agenda 04/26/05 sib
www.vbgov.com
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
26 April 2005
Mayor Meyera E. Oberndorf called to order the City Manager's Briefing re WORKFORCE and
AFFORDABLE HOUSING NEEDS ASSESSMENT in the Council Conference Room, City Hall, on
Tuesday, April 26, 2005, at 12:30 PM
Council Members Present:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones,
Reba S. McClanan, Richard A. Maddox, Mayor Meyera E.
Oberndorf, Jim Reeve, Peter W Schmidt and Rosemary Wilson
Council Members Absent:
James L. Wood
[Entered: 12:55 PM, assisting
Father home from surgery}
Ron A. Villanueva
[Entered: 6:00 PM. Formal Session,
returning from Quantico}
- 2-
MAYOR'S CONCERNS
ITEM # 53829
12:30 P.M.
Mayor Oberndorf referenced the invitation to accompany Empower Hampton Roads to attend the
Inclusionary Zoning Workshop in Fairfax, Virginia (May 16 through May 17, 2005).
Tim McCarthy, representing Empower Hampton Roads, advised two of their members hadpreviously toured
and heard the fifteen (I5)- year experience of Fairfax relative Inclusionary Zoning. They advised this
workshop was an extraordinary event, Mr. Friedman, Director - Housing and Neighborhood Preservation,
and Mr, McCarthy, representing Empower Hampton Roads, have scheduled a flight on Monday, May 16,
2005, leaving at 5:30 P.M, and arriving at 6:30 P.M. at Dulles Airport. On May 17,2005, the bus trip starts
at 8:00 A,M and concludes at 2:00 P,M They will be attend the Workshop,
BY CONSENSUS, Mayor Oberndorf and Councilman Dyer will attend. Vice Mayor Jones will Chair the City
Council Workshop on May 17,2005.
April 26, 2005
- 3 -
CITY MANA GER 'S BRIEFING
WORKFORCE and AFFORDABLE HOUSING NEEDS ASSESSMENT
ITEM # 53830
12:30 P.M.
Andrew Friedman, Director of Housing and Neighborhood Preservation, , distributed the "final draft" of
the Housing Needs Assessment and Market Analysis, prepared for the City by the Center for Housing
Research, Virginia Tech, Blacksburg, Virginia. Mr. Friedman introduced Dr. C. Theodore Koebel, author
of the study.
Dr. Koebel advised this study is a comprehensive assessment of affordable housing demand and needs of
the City. This assessment reviewed the most recent demographic and housing data available, evaluated past
trends and projected housing demand.
Mr, Friedman advised this Briefing is the first of two (2) parts, The first part will encompass housing costs
and values, housing needs and resources of our residents, market conditions and the gaps between needs and
market conditions. The second part, scheduled for a future City Council Session, will encompass wages,
household composition, commuting and migration, trends in households and population, as well as policy
issues and work in progress,
Mr. Friedman recognized the other members involved in this Study:
Ragaei Abdelfattah
Marilyn S. Cavell
Amy E. Crum
Joanna M Paulson
Mr. Friedman displayed a table from the current Real Estate Assessor's report:
Housing by Assessed Value
Assessed Value
Percent of Homes
Under
$100,000
14%
$100,000 to $150,000
$150,000 to $200,000
$200,000 to $250,000
27%
21%
13%
Subtotal under $250,000
75%
A chart entitled: Trends in Assessed Value and Income, indicated housing prices increasing while incomes
are barely increasing. This is indication of a future problem, if not a present one. Virginia Beach owners hip
market has a very low vacancy rate (0,2%) compared to the State and the Nation. This indicates many more
buyers than sellers, which drives the prices up,
April 26, 2005
- 4 -
CITY MANA GER 'S BRIEFING
WORKFORCE and AFFORDABLE HOUSING NEEDS ASSESSMENT
ITEM # 53830 (Continued)
Worst case housing is defined as "households with incomes less than 50% of the Area Median Family
income that have one or more of the following conditions:
Pay 'half or more of their income for housing, have zero income
Occupy units with incomplete plumbingfacilities or are overcrowded
(1.51 + persons per room), "
Any of these conditions qualifies a household as having a worst case housing need. The Chart entitled "Top
Ten Owner-Occupied Worst Case Housing Needs in Virginia" depicts Virginia Beach as ranked Second
with 4,730 units.
Conclusions: Owner Occupied Housing
Although there is a large stock of housing that is potentially affordable, it is:
Not available because of the extremely low vacancy rate, due to the
imbalance between supply and demand
Not available to low/moderate income households because about three-
quarters of the affordable owner-occupied units were occupied by
higher income owners
There is a significant number of existing owner occupants who are
experiencingfinancial burdens in order to afford their current housing
Owner Occupied
Housing by Occupancy
Renter Occupied
69,2% - 112,330
30.8% - 49,997
Renter vacancy rates are very low and in 2003 were 2,5%. The Tidewater Multifamily Housing Counsel
Survey indicated the vacancy rate for Virginia Beach was reaching 1% in August 2004, thus a very small
supply with a huge demand. The Median gross rent increasedfrom $734 in 2000 to $804 in 2003. Virginia
Tech has estimated that in 2000, about 'half of the affordable rental units were occupied by higher income
renters. This translates into a gap of 8,000 units of affordable rental housing. This problem is expected to
continue and worsen due to continued low vacancy rates and demand for rental housing. In 2003, 18.3%
(or 9,000 households) of the Virginia Beach renters were paying more than 50% of their income. Virginia
Beach is ranked Fifth with 7,195 households of the Top 10 Renter Occupied Worst Case Housing Needs
in Virginia.
Conclusions: Rental Housing
There is a deficit of rental housing affordable to households earning
less than 50% of median income
There is an overall deficit in rental units as compared to demand
Some current renter households are experiencing severe financial
stress affording the housing they occupy
Dr, Koebel believes military stipends for housing "lag" costs of housing rather than "lead".
April 26, 2005
-5-
CITY MANA GER 'S BRIEFING
CODE ENFORCEMENT RENTAL INSPECTION PROGRAM
1:20 P.M.
ITEM # 53831
Andrew Friedman, Director - Housing and Neighborhood Preservation, advised in the General Assembly
2004 Session, legislation was proposed to change the existing state law regarding rental inspections. The
goal was to adjust the City's program to State legislation taking effect July 1, 2005, while preserving the
ability to ensure decent and safe rental housing and prevent blight. Lynn Rountree, Code Enforcement
Supervisor, has been the lead re developing changes to the Rental Inspection Program.
New State Requirements take effect on July 1, 2005
Changes what localities must do to operate a Rental Inspection
program
Requires the local governing body to declare Rental Inspection
Districts
Extends the time given of "exemptions" and expands the types of
properties that can get an exemption
City Council must make the following findings in order to declare
Rental Inspection Districts:
There is a need to protect the public health, safety and welfare of
the occupants of dwelling units inside the designated Rental
Inspection District
The residential rental dwelling units within the designated Rental
Inspection District are either (a) blighted or in the process of
deteriorating, or (b) the residential rental dwelling units are in
the need of inspection by the building department to prevent
deterioration, taking into account the number, age and condition
of residential dwelling rental units inside the proposed Rental
Inspection District
The inspection of residential rental dwelling units inside the
proposed Rental Inspection District is necessary to maintain
safe, decent and sanitary living conditions for tenants an other
residents living in the proposed Rental Inspection District
City Council authorized a Rental Inspection Program in 1989. Since then, areas subject to rental inspection
have been expanded by authority of the City Manager. Mr, Friedman displayed a map depicting these areas.
Currently, approximately 3, 600 rental inspections are conducted annually. The new State Legislation passed
in 2004 requires compliance by July 1, 2005.
April 26, 2005
- 6-
CITY MANA GER 'S BRIEFING
CODE ENFORCEMENT RENTAL INSPECTION PROGRAM
ITEM # 53831 (Continued)
Current versus Proposed Program
Current Program Proposed Program
134 Block Groups 106 Block Groups
31,990 Rental Units (estimated) 28,.926 rental units (estimated)
Inspect upon a change of occupancy/not more Inspect upon declaration of eligible area and not
than once/year more than once/year
2-year exemption only to professionally managed 4-year exemption to any units (regardless of how
complexes based on sample inspection managed) that pass initial inspection
City Manager declares eligible areas City Council declares eligible areas or properties
Fees are not charged Fees are chargedfor the secondfollow-up
inspection and all subsequent ones
Items Common to Both Programs
Certificates of Compliance are issued upon a successful inspection
Temporary certificates of occupancy are issued for minor violations,
subject to correction by a defined date
Occupancy of unsafe units is prohibited
How Areas Were Selected
Designation of Rental Inspection Districts must be in accordance with
the three (3) state criteria reviewed earlier
We have chosen to designate census "block groups ", which are
smaller than census tracts, in order to allow more narrow targeting of
appropriate areas
We started with the areas currently designated for rental inspections
to determine if they meet the state criteria.
The information used to decide on what Districts to propose:
Exterior housing condition - non-standard housing greater than
25%
Code enforcement statistics
The City Staff further selected Districts based on:
Percent of property in the District that is rental
Districts that are adjacent to selected Districts and have a higher
percentage of non-standards and/or rental property
April 26, 2005
- 7 -
CITY MANA GER 'S BRIEFING
CODE ENFORCEMENT RENTAL INSPECTION PROGRAM
ITEM # 53831 (Continued)
The Staff presented the proposed program to:
Tidewater Builders Association - Multifamily Housing Council
Hampton Roads Realtors Association - Property Management
Institute for Real Estate Management
Next Steps
City Council provides feedback on proposed program today and in the
following weeks
City staff prepares a final ordinance for adoption in May
Conduct public information campaign in June
Implement the new program in July, including additional public
notification
A reduced readable map of the areas, subject to rental inspections shall be provided to City Council,
Robert Matthias, Assistant to the City Manager, advised Former Delegate Chip Dicks was the Patron of
these new State requirements. These requirements evolved as there were a number of localities, primarily
college towns, illegally chargingfees for home inspections and other items under which these localities had
no authority.
April 26, 2005
-8-
CITY MANA GER 'S BRIEFING
JOINT LAND USE PLAN (JLUS)
1 :40 P.M.
ITEM # 53832
The City Manager advised the Joint Land Use Study (JLUS) Regional Policy Committee voted on April 21,
2005, to endorse the Joint Land Use Study Final Document.
Robert J. Scott, Director of Planning, distributed the document and reviewed the timeline:
TIMETABLE PAST AND FUTURE
Past Sessions:
08/23/94 City amends Zoning Ordinance to include AICUZ provisions
12/19/02 Operational Navigation Instruction (OPNA V) released by Department of Defense
02/25/03 City Council adopts TATAC (Transition Area Technical Advisory Committee)
Recommendations
12/02/03 Virginia Beach Comprehensive Plan adopted
01/06/04 City commits to participate in the Joint Land Use Study
06/04 through 03/2005 JLUS Meetings, Workshops and Open Houses are held
04/05/05 City Council provides direction to the JLUS Policy Committee Liaisons
04/21/05 Regional JLUS Policy Committee endorses final JLUS document
04/26/05 City Council Briefing on JLUS
05/03/05 City Council Public Hearing on JLUS
05/10/05 City Council consider vote on JLUS
Following adoption of JLUS, begin City process on Comprehensive Plan changes and creation of an AICUZ
overlay district
Summary of the "Statement of Understanding"
between the City of Virginia Beach and the United States Navy
AICUZ Review Processes
The City will create a new process for Navy officials to review and
comment earlier in the process on all proposed development that might
encroach on NAS Oceana
The City will ask any person or organization proposing development
that might be incompatible with the Navy's Air Installations
Compatible Use Zones (AICUZ) to meet with Navy officials to discuss
alternatives
April 26, 2005
- 9-
CITY MANAGER'S BRIEFING
JOINT LAND USE PLAN (JLUS)
ITEM # 53832 (Continued)
Summary of the "Statement of Understanding"
between the City of Virginia Beach and the United States Navy
(Continued)
Zoning Ordinance Changes
The City will adopt an AICUZ Overlay Ordinance in all noise zones
greater than 65 dB DNL to help prevent encroachment at NAS Oceana,
The City will consider fundamental changes in the zoning ordinance to
substantially reduce the number of residential units allowed by current
zoning in the Resort Area.
The City recognizes the importance of NAS Oceana's Interfacility
Traffic Area in the City's Transition Area by:
Retaining agricultural zoning of one residential lot per 15 acres
in the highest noise zone, 75 dB DNL and above.
Amend the Comp Plan to retain residential density not to exceed
one dwelling per five acres in the 70-75 dB DNL noise zone, as
allowed by a conditional use permit.
Limit density to one dwelling per acre in the 65-70 dB DNL noise
zone
Councilman Reeve believes the second bullet should be amended: "Amend the Comp Plan to retain
agricultural zoning , eJ ide,ttiaf zoning not to exceed one dwelling per five acres in the 70-75 dB DNL noise
zone, as allowed by a conditional use permit.
Sound Attenuation & Disclosures
Based on legislation passed by the General Assembly at the request of
the City, sound attenuation laws will be expanded to certain non-
residential uses.
Based on legislation passed by the General Assembly at the request of
the City, disclosures of noise and/or accident potential zones will be
improved for the sale or lease of residential units.
The City will initiate a working group with NAS Oceana to work with
the Virginia Real Estate Board to review, and possibly revise, all
disclosures currently in use for noise and/or accident potential zones
and determine where disclosures might be needed where none are used
now.
April 26, 2005
- 10-
CITY MANAGER'S BRIEFING
JOINT LAND USE PLAN (JLUS)
ITEM # 53832 (Continued)
Strengthened Working Relationship
The City recognizes the Navy's significant concern about the impact of
future development on transportation needs by agreeing to keep the
Navy effectively involved in such planning processes.
The City will continue to include the Navy as a vital stakeholder in
revising the Oceanfront Resort Area Concept Plan,
The City will strengthen its working relationship with the Navy and
create an ongoing, open dialogue to address the Navy's concerns
about potential encroachment at NAS Oceana,
Proposed Frameworkfor the AICUZ OVERLAY ORDINANCE
General Considerations
An AICUZ Overlay District" is to be established. The District will
include all areas within the City except the < 65 dB DNL Noise Zone.
The ordinance WILL NOT restrict the uses of property in the 65-70 dB
DNL Noise Zone.
The ordinance WILL NOT restrict the uses of property that are allowed
by right per the CZo.
HOWEVER: Sound attenuation will be required everywhere in the
AICUZ Overlay District, (i,e., in all Noise Zones >65 dB DNL) for
ALL residential development and for non-residential uses within the
following use groups:
Assembly (churches, movie theaters, bars restaurants, bowling
alleys, etc);
Business (banks, barber shops, car showrooms, professional
offices, etc);
Educational (schools through 12th grade);
Institutional (hospitals, day care, nursing homes, etc); and
Mercantile (department stores, drug stores, grocery stores, etc)
The restrictions WILL apply to development that requires approval by
the City Council (i.e., rezonings & conditional use permits) in the
70-75 DNL Noise Zones and
> 75 dB DNL Noise Zones
April 26, 2005
- 11 -
CITY MANA GER 'S BRIEFING
JOINT LAND USE PLAN (JLUS)
ITEM # 53832 (Continued)
Mr, Scott displayed the 1999 AICUZ Map. All colored areas will be affected by the AICUZ Overlay District.
The area depicted in green (65 - 70 dB), will not be affected by the land use portion described, but would
be affected by the disclosure and sound attenuation elements. The other colored areas would reflect
significant land use impacts. Mr. Scott also displayed an excerpt from the OPNA V Instructions 11010.3 6B
(portion of Table 2),
In the 70 -75 dB DNL Noise Zones
Discretionary development (i. e" needing a rezoning or conditional use
permit) may be allowed only if:
It is compatible or conditionally compatible with the AICUZ
recommendations in Table 2 (noise zones) and/or Table 3 (APZs)
ofOPNA V Instructions 11010.36B; or
If not compatible or conditionally compatible, such development
will be allowed only if the City Council makes a finding that no
other reasonable development options that are compatible with
the OPNAV Instructions 11010.36B recommendations in Table
2 and/or Table 3 exist.
In such cases, development must be at the lowest
reasonable density or intensity, as determined by the
City Council.
Special Area: Interfacility Traffic Area
(Western Portion of the Transition Area)
65-70 dB DNL Noise Zone:
Current zoning and Comprehensive Plan provisions retained;
70-75 dB DNL Noise Zone:
Residential development requiring City Council approval, i,e.,
rezoning (or by CUP) allowed at a density no greater than one (1)
dwelling unit per five (5) acres of developable land.
>75 dB DNL Noise Zone:
Residential development limited to one (1) dwelling unit per fifteen (I 5)
acres of developable land unless the City Council determines that such
density is unreasonable and that no other use (non-residential) is
reasonable, In such a case, allowed density would be the minimum
reasonable density.
Where the subject property lies within more than one Noise Zone,
dwelling units must be located in lower Noise Zones if practicable.
April 26, 2005
-12 -
CITY MANA GER 'S BRIEFING
JOINT LAND USE PLAN (JLUS)
ITEM # 53832 (Continued)
Special Area: Resort Area
The total number of residential units will not exceed the aggregate
number of units allowed under current zoning. The City will endeavor
to work with all stakeholders to reduce the number of residential units
significantly below that number through zoning ordinance
amendments.
The Navy shall be among the stakeholders involved in the revision of
the Oceanfront Resort Area Concept Plan dated June 28, 1994,
Councilman Reeve referenced page 5-18 of the Final Hampton Roads Joint Land Use Study Report re
establish an avigation easement program. The City of Virginia Beach would establish an avigation
easement program in noise and safety affected areas. The program would protect air rights and be available
as a voluntary option to developers during proffer or other special permitting processes for properties being
considered for development in the AICUZ. Appendix 3 of said report provides a sample easement that was
developed for properties around NAS Pensacola, The Avigation Easement is considered a part of the
Overlay Ordinance,
The City Attorney advised if this avigation easement program is considered, there would be extensive
discussion, This would be more ideal with a huge track of land as if the whole Interfacility Traffic Area was
undeveloped and one developer then came in to develop and wis hed to place something of this nature on the
whole track of land. This is an educational and notice tool.
April 26, 2005
-13 -
AGE N DA REV IE W S E S S ION
2:40 P.M.
ITEM # 53833
Councilman Wood requested the items for the Consent Agenda be MOVED ahead of the Public Hearings.
ITEM # 53834
Ordinance to AMEND the City Code ~~ 1-2,6-3,6-30,6-114 and 31-
28 re the term "Resort Season ", incorporate the term in certain
ordinances and amend provisions of the City Code re prohibited beach
activities during the Resort Season.
Mike Eason, Resort Services Co-ordinator - Convention and Visitors Bureau, clarified some of the concerns
of City Council, The existing ordinance states "no ball playing on the beach between Memorial Day and
Labor Day". The proposed ordinance defines the Resort Season as the time beginning May 1 and ending
September 30, 2005 of each year. The staff is proposing the prohibition of ball playing be addressed only
on the boardwalk and in the area from the water's edge to the lifeguard station. This particular area is very
congested. The area between the boardwalk behind the lifeguard stands is approximately 250 feet and has
more than ample room to play ball. The other area of concern wasfishing, primarily surf casting, from the
beach extending the prohibition between the hours of 10:00 A.M. and 4:00 P.M. weekdays and 10:00 A,M,
and 6:00 P.M. weekends. September is a busy time and the interface of hooks, sinkers and children is not
a good mixture, The other restrictions re boat and kayak launching, which are allowed on the north end of
the Beach, are not encouraged. The existing ordinance states the trash cans can only be placed on the
streets between 6:00 A.M. and 10:00 A.M. between Memorial Day and Labor Day, The City is proposing
to extend this prohibition an additional month in the Spring and Fall. The City is becoming a year 'round
destination,
ITEM # 53835
J2, Ordinance to TRANSFER $335,000 from the FY 2004-
2005 Operating Budget of the Department of Human
Services and $100,000 from the Reserve for
Contingencies-Juvenile Detention to the FY 2004-2005
Operating Budget of the Department of Juvenile Probation
re Less Secure Detention Services,
Vice Mayor Jones expressed concern re the transfer of $335,000, Terry Jenkins, Director of Human
Services, advised the Detention Center did not open until the Fall; therefore, there were revenue lapses. This
funding is a transfer from the Juvenile Detention Center to the Court Services Unit. Mr, Bright advised this
transfer would enable the children in the Detention Center to be moved out and placed under supervision
in Home Detention. Instead of spending $140 per day, only $41 per day should be expended. Some of the
children, who cannot be detained according to State Standards on certain violations, can receive intensive
supervision with electronic monitoring at home, thus not being a continued risk to the community,
Council Lady McClanan expressed concern as the parents are not assisting with the payment of detention,
April 26, 2005
- 14 -
AGENDA RE VIE W SESSION
ITEM # 53836
BY CON!:J"'ENSUS, the following shall compose the CONSENT AGENDA:
ORDINANCES
J1. Ordinance to AMEND the City Code991-2, 6-3, 6-30,6-
114 and 31-28 re the term "Resort Season ", incorporate
the term in certain ordinances and amend provisions of
the City Code re prohibited beach activities during the
Resort Season,
J2. Ordinance to TRANSFER $335,000 from the FY 2004-
2005 Operating Budget of the Department of Human
Services and $100,000 from the Reserve for
Contingencies-Juvenile Detention to the FY 2004-2005
Operating Budget of the Department of Juvenile Probation
re Less Secure Detention Services.
J3, Ordinance to A UTHORIZE acquisition of property infee
simple for the right-or-way for the Seaboard Road project
and the acquisition of temporary and permanent
easements, either by agreement or condemnation.
J4, Ordinance to AUTHORIZE a temporary encroachment
into a portion of the right-of way at Princess Anne Road
and Nimmo Parkway by COURTHOUSE
MARKETPLACE, LLC to construct and maintain a
monument sign.
Council Lady McClanan shall vote a VERBAL NAY on Item J4,
April 26, 2005
-15 -
AGE N DA REV IE W S E S S ION
ITEM # 53837
BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA:
PLANNING
1.1, Application of VICTORY CHAPEL for the Modification
of Condition No.3 on a Conditional Use Permit re a
nonconforming sign approved by City Council on August
12, 2003 at 6644 Indian River Road. (DISTRICT 2 -
KEMPSVILLE)
1.2. Application of CSM, L.L. C. for a Chanrze of Zoninrz
District Classification from A-18 Apartment District to R-
5S Residential Single Family District at Rosemont Road
and Bancroft Drive. (DISTRICT 3 - ROSE HALL)
1.3, Application of BAY BREEZE CONDOMINIUMS, INC.
for the discontinuance, closure and abandonment of a
portion of Summerville Court. (DISTRICT 6 - BEACH)
Item 1.1. shall be DENIED, BY CONSENT.
Item 1.2. shall be DEFERRED, BY CONSENT, until the City Council Session of May 10, 2005,
April 26, 2005
- 16-
BUDGET WORKSHOP
ECONOMIC VITALITY
2:58 P.M.
ITEM # 53838
Catheryn Whitesell, Director - Resource Management, advised the Economic Vitality business area is
comprised of the Department of Agriculture, Convention and Visitors Bureau, Economic Development, and
Housing and Neighborhood Preservation. Economic Vitality represents approximately 5.4% or $84-
MILLION of the FY 2005-06 Operating Budget and 6.31% of the Capital Budget. Dedicated taxes
includes the dedication of taxes for tourism and advertising programs, Tax Increment Financing Districts
(TIF), the Town Center Special Tax District and the Tourism Growth Investment Fund (TGIF), which
represent 36% of the funding available in this business area. Federal funding is provided to the Department
of Housing and Neighborhood Preservation primarily in support of Section 8 Voucher Programs, the
Community Development Block Grant (CDBG), as well as other Federal Housing Assistance Programs. At
the present time, the Community Development Block Grant (CDBG) funding is not included in the
President's budget, This funding comprises approximately fzfleen (I 5%) percent of the total Housing and
Neighborhood Operating Budget. Economic Vitality includes the following projects: Bus Rapid Transit
(BRT), Cape Henry Lighthouse Restoration, Convention Center, Development ofRudee Loop Parking and
the Spot Blight Abatement,
Core Services
Research, technical and marketing assistance regarding
agriculture-related issues
Family issue programming and home management
Administer the Agriculture Reserve Program (ARP)
Review proposed projects for erosion issues and oversee civil penalties
Operation of Farmer's Market
Tourism promotion and advertising
Operation of Visitor's Center
Marketing and operation of City's convention center
Schedule and coordinate special events at the Oceanfront and
Resort Area
Development of resort business opportunities
Support Resort Advisory Commission initiatives
Coordinate Resort Area Capital Improvement Program projects
Parking management
Coordinate various public/private partnerships on behalf of the City
Retain and expand existing Virginia Beach businesses and assist with
the identification of new foreign and domestic markets,
Work with the Community to develop a qualified worliforce
Provide staff support to the Virginia Beach Development Authority
Provide grants to homeowners for home repair and improvement
Coordinate the homeless system in the City
Enforce building and property maintenance codes
Provide rental assistance vouchers for affordable rental housing
Provide neighborhood organizing and improvement services and
youth services in identified areas
Administer the Regional Housing Opportunities for People with Aids
Promote fair and equip access to housing in the City
April 26, 2005
- 17-
BUDGET WORKSHOP
ECONOMIC VITALITY
ITEM # 53838 (Continued)
Enhancements/Commitments
5.17 positions for the new Convention Center
Part-time position to coordinate Friendship Patrol and oversee
Behavior Campaign
Two (2) positions to meet City-wide parking management demands and
provide oversight on weekends and nights
Town Center - Phase III
Bus Rapid Transit (BRT) System
Courtney Dyer, Conventions and Visitors Bureau, advised re the Convention Center, there are some very
high endfinishes in the new building (wood, metal, glass). Custodial operates in three (3) shifts and multi
tasks with deep cleaning and interaction with the event set-up personnel. Therefore, they are not confined
to ONLY housekeeping.
Mrs. Whitesell advised there is approximately $60-MILLION in the Reserve for Contingencies throughout
all the funds in the Operating Budget. Mrs. Whitesell distributed information entitled FY 2005-06 and FY
2006-07 Biennial Budget Reserve for Contingencies - all funds and Reserve for Future Commitments -
All Funds. Information shall be provided relative a Housing Trust Fund.
Andrew Friedman, Director of Housing and Neighborhood Preservation, advised some of the Community
Development Block Grant (CDBG) funds are used to support code enforcement and some of the operational
costs of the Department.
David Sullivan, Chief Information Officer and Interim Chief Financial Officer, advised efficiencies have
been gained with improved technology, as in the example of the Commissioner of the Revenue, who has been
able to reduce his staff. The positions added over the lastfew years have primarily been in the area of Public
Safety: Police, Fire and Sheriff's Deputies, There is no technology substitute for any of these positions. New
facilities have also incurred additional staff, such as the Oceanfront and Princess Anne Libraries. The
number of administrative staff is remaining almost level as the government has been growing.
April 26, 2005
- 18-
BUDGET WORKSHOP
CULTURAL AND RECREATIONAL OPPORTUNITIES
ITEM # 53839
Catheryn Whitesell, Director - Resource Management, advised the Cultural and Recreational Opportunities
business area is comprised of the Museums and Cultural Arts and Parks and Recreation. Cultural and
Recreational Opportunities represents approximately 3.97% or $62-MILLION of the FY 2005-06 Operating
Budget and 10.23% of the Capital Budget. Dedicated taxes represent 13% of the funding. Approximately
30% of all revenues in this business area are derived from fees and administrative charges to the program
users, There are forty-two (42) projects identified to support the Cultural and Recreational Opportunities
business area.
Core Services
Operation of the Virginia Aquarium and Marine Science Center
Marine Science Educational programming
Operating of two (2) historic houses and the Virginia Beach Historic
register
Financial and operational support to the Virginia Beach Arts and
Humanities Commission
Financial assistance for Contemporary Art Center
Management and maintenance of park infrastructure and management
of acquired undeveloped park land
Management of Open Space Program
Implementation of Virginia Beach Outdoors Plan
Landscape Services for all public infrastructure
Operation and maintenance of municipal golf courses
Recreation services to adults and children
Enhancements/Commitments
Aquarium exhibit renovations
Aquarium elevated pedestrian crosswalk
Aquarium animal care annex
Inclusion Specialist to ensure that physically challenged customers
have full access to Parks and Recreation program
Four (4) positions for new Princess Anne Park
Enhanced bikeways and trails
Four (4) positions in Landscape Services for the opening and
expansion of new facilities
Two (2) positions as initial staffingfor the Performing Arts Center
April 26, 2005
- 19-
BUDGET WORKSHOP
CULTURAL AND RECREATIONAL OPPORTUNITIES
ITEM # 53839 (Continued)
Councilman Wood referenced CIP Project 4-045 Parks and Recreation Administrative Offices Relocation
(approximately $8-MILLION). A circular identifying a specific piece of property proposed by a willing
seller to the City was distributed to all the City agencies, The property is a 20,000 square-foot office building
for a fraction of the cost proposed to construct the new building.
Cindy Curtis, Director of Parks and Recreation, advised this project involves relocation of the Parks and
Recreation 'city wide' and administrative facilities into a single office complex at the new Princess Anne
District Park. The relocation of the facility will include the design and construction of an 18,000 square foot
office building and a 5,000 square foot storage building, to relocate the entire staff and all recreation
program services from the 'citywide' office on Lynnhaven Parkway. The relocation of administrative offices
will include the design and construction of a 12,000 square foot office building and will also relocate all staff
from the Municipal Center. Closer proximity to satellite locations will allow the department to more
effectively coordinate the management of the new athletics complex and the entire Princess Anne Commons,
including the Sportsplex and the Us. Field Hockey Training Facility, The City Wide Programs Office
building dates back to World War II and was first utilized for City offices in the 1960 's, as the administration
office buildingprior to the relocation of the administrative staff to the municipal center complex, The current
facility is in extremely poor condition, overcrowded and has become increasingly difficult to maintain.
Barry Frankenfield advised the actual construction cost for the 30,000 square foot building itself is $120
per square foot, with the 5,000 square foot storage building estimated at $ 75 per square foot, The most
economic construction methods and grouping of the facilities will be reviewed.
April 26, 2005
- 20-
BUDGET WORKSHOP
CULTURAL AND RECREATIONAL OPPORTUNITIES
ACTION SPORTS PARKS
ITEM # 53840
Cindy Curtis, Director of Parks and Recreation, advised on November 23, 2005, City Council supported
previous recommendations:
Add vert ramp/half pipe at Mount Trashmore Skate Park for vert
skaters and bmx-riders
Half pipes put Virginia Beach "on the map "for vert riders in the
1980's and 1990's
Will support local, regional and potentially national demos and
competitions.
Build a street course/skate plaza at another staffed park location
Stimulation of urban plaza and elements of streets cape
According to survey results and trends, majority of skaters and
bmx-riders are "street" riders
Ms, Curtis displayed a depiction of the Vert Ramp, encompassing a budget of approximately $150,000.
Vert Ramp - Proposed Timeline
Confirmed direction from Committee -February 16, 2005
BriefCity Council on recommended action - today April 26, 2005
Advertise and evaluate bids and select vert ramp - May through July 2005
Develop plans and build concrete base for vert ramp April to July 2005
Vert ramp built by August 2005
Skate Plaza Recommended Location
First Choice: Woodstock Community Park on Providence Road near
Interstate 64 Interchange with Indian River Road
Second Choice: Red Wing District Park on General Booth Boulevard
The recommended Phase I Budget is $250,000, which encompasses 10% for design, $225,000 for
construction, an estimated cost of$20-25/square foot, and park size of approximately 9,000 to 11,000 square
feet, The design would commence August 2005 through March 2006 with construction April to July 2006.
Municipal Skate Park CIP Status
Vert ramp - $150,000 available fun ding
Skate Plaza at Woodstock - $42,000 fo existing funding for design
and remaining toward construction
$208,000 additional needed to complete construction of skate place-
Requested but not funded for FY 2005-06 CIP Budget.
Estimated operating funding impact for Second park is: 1.7 FTE's
=$27,749
April 26, 2005
- 21 -
BUDGET WORKSHOP
CULTURAL AND RECREATIONAL OPPORTUNITIES
ACTION SPORTS PARKS
ITEM # 53840 (Continued)
BY CONSENSUS, Parks and Recreation shall proceed with the Vert Ramp. Parks and Recreation shall
attempt to identifY cost savings in the Parks and Recreation Administrative Offices Relocation, The
Relocation and the Skate Plaza at Woodstock shall be added to the Reconciliation list with Parks and
Recreation identifYing additional funding.
April 26, 2005
- 22-
BUDGET WORKSHOP
FAMILY AND YOUTH OPPORTUNITIES
ITEM # 53841
Catheryn Whitesell, Director - Resource Management, advised the Family and Youth Opportunities
represents approximately 6.20% or $96.9-MILLION of the FY 2005-06 Operating Budget and .14% of
the Capital Budget. Approximately 39% of the funding is derived from local sources. The State provides
approximately 36% of the total funding and the Federal Government provides the remaining 25%. The
Public Health Department receives approximately $2.5-MILLION in State Funding. The Department of
Human Services oversees an estimated $176-MILLION in direct payments, not flowing through the City's
budget, to individuals and families.
Core Services
Child health and welfare programs
Healthy Start
Dental program
Immunization program
Restaurant inspections
Public recreational water testing
Festival food permitting
Rapid response to communicable disease threats
At-risk elderly access to medical services
Preventative health care
Family planning clinics
Child health clinics
Blood pressure and cholesterol screening clinics
Virginia Beach Medical Reserve Corps
Child Protective services
Foster Care services
Employment services for low-income citizens
Assistance to families working through issues of custody, support and visitation
Public assistance programs
Pendleton Child Service Center
Adult protective services
In-home companion services for the elderly
Training in effective parenting skills
Youth Intervention Program
Financial assistance to prevent homelessness
Operation of Juvenile Detention Center
Mental Health and Substance Abuse services for families and individuals
Services for infants, children and adults with mental retardation and
developmental delay
April 26, 2005
- 23-
BUDGET WORKSHOP
FAMILY AND YOUTH OPPORTUNITIES
ITEM # 53841 (Continued)
Enhancements/Commitments
Seventeen (17) positions for Biznet Village for citizens with profound
retardation
Initiatives helping children
5 Social Workers in Child Services
2 Mental Retardation Clinicians for case management services
to special education graduates
Capital improvements at Pendleton Child Services Center
Comprehensive Services Act funding to place children in care
facilities outside the home
Three (3) positions for Virginia Initiative for Employment not Welfare
(VIEW)
Two (2) positions for Fraud Reduction and Elimination
Annual licensing and other operating expenses associated with Human
Services Client Information System
New transportation routes for Special Education Support Services
funded in FY 2004-05
Terry Jenkins, Director - Human Services, advised the State Department of Mental Health directed the City
to examine the period of January 1 through March 3 r re the demand for services in Virginia Beach mental
health, mental retardation or substance abuse and then forward this information for compilation for the
Governor to utilize as a basis for his Budget request to the General Assembly. In that period of time Oust
in Virginia Beach) more than 650 adults and children were waitingfor services,
The City Manager was requested to provide variable information re the Reconciliation Workshop for a
lowering of the real estate tax rate i,e, $1.04 and the services that could be provided at such rate,
Council Lady McClanan wished the issue of compression relative the public safety officials addressed.
Councilman Reeve referenced two major issues (continuingfunding of open space and local road projects)
be considered on a November Referendum with additional tax rate of2t/: and 5t/: respectively. Mrs. Whitesell
shall provide the schedule of activities necessary for a Referendum,
Council Members Diezel and Schmidt will bring forward a proposal re compensation. The City Manager
shall compile a list of options re compensation.
April 26, 2005
- 24-
CITY COUNCIL COMMENTS
4: 52 P.M.
ITEM # 53842
Mayor Oberndorf advised she welcomed a National Group of Judeo Experts who were competingfor the
World Team.
The instructors expressed appreciation to the Mayor for the unselfish dedication of the Pavilion staff. The
competitions have been held throughout the United States and this was the first time all services promised
have been delivered. The staff stayed up the entire night tearing down the previous exhibit and installed all
the equipment for the Judeo Show at 5:00 A.M. by the next morning. This is a true depiction of a World
Class City.
ITEM # 53843
Councilman Schmidt referenced the news article concerning False Cape State Park. Councilman Schmidt
spoke with the Director of Conservation and Recreation, who advised he hoped to have the problem rectified
by the end of the week. The Southeastern Public Service Authority (SPSA) is ready to help, The City
Manager, Charles Meyer - Chief Operating Officer and Wade Kyle - Administrator, Waste Management,
indicated the City would stand by to assist, Private individuals are also anxious to address the situation.
Councilman Reeve was very surprised to see the article and had never seen an accumulation of trash in
False Cape that was not immediately handled.
April 26, 2005
- 25 -
ITEM # 53844
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended,for the following purpose:
PERSONNEL MA TTERS: Discussion, consideration or interviews of prospective
candidates for employment, assignment, appointment, promotion, performance,
demotion, salaries, disciplining or resignation of specific public officers, appointees
or employees pursuant to Section 2,2-3711 (A) (1),
To Wit: Appointments: Boards and Commissions:
Community Policy and Management Team - CSA At Risk
Community Services Board
Francis Land House Board of Governors
Health Services Advisory Board
Human Rights Commission
Investment Partnership Advisory Committee - PPEA
Minority Business Council
Open Space Committee
Parks and Recreation Commission
Performing Arts Theatre Advisory Committee
Personnel Board
The Planning Council
Shore Drive Advisory Committee
Tidewater Transportation District Commission
Towing Advisory Board
LEGAL MA TTERS: Consultation with legal counselor briefings by staff members,
consultants, or attorneys pertaining to actual or probable litigation, or other specific
legal matters requiring the provision of legal advice by counsel pursuant to Section
2.2-3711 (A)(7).
Cavalier Hotel at 42nd Street
Upon motion by Councilman Schmidt, seconded by Councilman Wood, City Council voted to proceed into
CLOSED SESSION (4:55 P.M.).
April 26, 2005
- 26-
ITEM # 53844 (Continued)
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva and Rosemary Wilson
Council Lady Wilson left at 3:00 P.M., as her Mother is critically ill in Sentara Leigh Memorial Hospital.
(Closed Session: 4:55 P.M. - 5:45 P.M.)
(Dinner: 5:45 P.M. - 6:00 P.M.)
April 26, 2005
- 27-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
April 26, 2005
6:07 P.M.
Mayor Meyera E, Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 26, 2005, at 6:00 P.M.
Council Members Present:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E, Oberndorf,
Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, and James L.
Wood
Council Members Absent:
Rosemary Wilson
[Left at 3:00 P.M., as her Mother is critically ill in
Sentara Leigh Memorial Hospital).
INVOCATION: Reverend Charles H. Williams
Pastor, Morning Star Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman
and Company and is directly and indirectly involved in many of Goodman and Company's transactions.
However, due to the size of Goodman and Company and the volume of transactions it handles in any given
year, Goodman and Company has an interest in numerous matters in which her husband is not personally
involved and of which she does not have personal knowledge, In order to ensure her compliance with both
the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to
thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters
in which she might have an actual or potential conflict. If, during her review she identifies any matters, she
will prepare andfile the appropriate disclosure letter to be recorded in the official records of City Council.
Council Lady Wilson regularly makes this disclosure, Council Lady Wilson's letter of January 27,2004, is
hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker
Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not
personally involved and ofwhich she does not have personal knowledge, In order to ensure her compliance
with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her
practice to thoroughly review the agenda for each meeting of City Council for the purpose of identi.fj;ing any
matters in which she might have an actual or potential conflict. If, during her review she identifies any
matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of
City Council, Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January
27,2004, is hereby made a part of the record.
April 26, 2005
- 28-
Item V-Eo
CERTIFICATION OF
CLOSED SESSION
ITEM # 53845
Upon motion by Councilman Dyer, seconded by Councilman Reeve, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council,
Voting:
10-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones,
Reba S. McClanan, Richard A. Maddox, Mayor Meyera E,
Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
April 26, 2005
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 53844, page 25, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3711(A) of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
~~~.~.-i;-
h Hodges Smith, MMC
City Clerk
April 26, 2005
- 29-
Item V-F.1.
MINUTES
ITEM #53846
Upon motion by Councilman Reeve, seconded by Councilman Dyer, City Council APPROVED the
Minutes of the SPECIAL FORMAL SESSION of April 26, 2005.
Voting: 10-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones,
Reba S. McClanan, Richard A. Maddox, Mayor Meyera E.
Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
April 26, 2005
- 30-
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM #53847
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
April 26, 2005
- 31 -
Item V-H.J.
PUBIC HEARING
ITEM #53848
Mayor Oberndorf DECLARED A PUBLIC HEARING:
THOROUGHGOOD HOUSE Preservation Easement at J636 Parish Road
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
April 26, 2005
- 32-
Item V-H.2.
PUBIC HEARING
ITEM #53849
Mayor Oberndorf DECLARED A PUBLIC HEARING:
OPERATING BUDGET re EFFECTIVE TAX RATE
The following registered to speak:
Robert Goodman, Phone: 624-3238, Chair of the Citizens Steering Committee for the Convention Center,
referenced the positive impact from the new Convention Center and spoke in support of 19th Street
Corridor Plan
Barbara Yates, 318 24th Street, Phone: 428-8052, Vice President - Resort Beach Civic League, spoke in
opposition to the combined Virginia Beach Middle School. Mrs. Yates requested the implementation phase
of the 19th Street Corridor Plan commence this year and recommended there be no real estate tax reduction.
The extra funding could be utilized to solve the compression problem,
Dan Coureas, 800 Coverdale Lane, Phone: 340-7227, requested the tax rate be reduced considerably
Curtis Karvala, 1529 Seafarer Lane, Phone: 481-1930, requested a revised tax rate of$1.04
Gray Edwards, 3836 Croonenberg Way, Phone: 463-9131, requested the tax rate be reduced
Diane Gillespie, 710 Winston Sale Avenue, Phone: 437-1422, expressed appreciation to the City Council
re the issue of the combined Virginia Beach Middle School and the quality of life provided by the City
Dan Creedon, representing Cape Henry Shores and the Shore Drive Coalition, 2605 Heston Road,
Phone: 496-3813, requested supportfor the conversion of Osprey Point, the Spoils are near Lesner Bridge
into a natural area and support for Phases II and III of the Shore Drive Beautification program (CIP 2,117
and 2.118)
Nancy Perry, Executive Director - Virginia Beach Hotel/Motel Association, supportive of the magnificent
new Convention Center and supported the implementation of the 19th Street Corridor
Mary Mathena, legally blind, representing Endependence Center, 5608 Pawnee Road, requested support
of the Center in the City's Operating Budget
Thomas E. Coghill, 804 Surfside Avenue, Phone: 422-3425 Member - Tidewater Builders Association and
representing the 800 or more bicyclists, participating in the (Jh Annual Celebration of Life Bicycle Ride on
May 14, 2005. Mr. Coghill requested support of the Bikeways and Trails Improvement Plan. Said statement
is hereby made a part of the record.
Carolyn McPherson, Executive Director - Samaritan House, Post Office Box 2400 #226, Phone: 631-0710
spoke in support of affordable housing. Ms. McPherson requested the Department of Housing and
Neighborhood Preservation's budget be changed so the federal funds intended for housing, not be
used for administrative, general management, indirect costs and code enforcement. All of these funds
being utilized for housing.
Doug Huston, President - Virginia Beach Community Development Corporation, 629 Wesley Drive,
Phone: 463-9516, spoke in support of affordable housing and relative Community Development Block
Grant Funds being utilized for the mission intended.
Reverend Randy Orwig, 1189 Hopemont Drive, Phone: 636-9959, Chair of the Winter Shelter TaskForce
for the Homeless, Co-chair of the Interfaith Advisory Board to Human Servir:es and Member Empower
Hampton Roads
Gary Baskin, 605 Lynnshores Drive, Phone: 486-6995, spoke in support of a reduced tax rate
Ken Jobe, 304 Croatan, Phone: 428-0328, representing Daniel Baxter - President of the Council of Civic
Organizations, spoke in support of a revised tax rate of $1.04 per 'hundred dollars of assessed value
Al Wallace, 4601 Chippendale Court, Phone: 497-2187, spoke in support ofa revised tax rate of$1.04 per
'hundred dollars of assessed value
April 26, 2005
- 33-
Item V-H.2.
PUBIC HEARING
ITEM #53849 (Continued)
John 0. Parmele, 1316 Yawl Point, Phone: 481-1259, suggested a compromise of 13. 7~ per $100 of
assessed value
Drew Izes, 1424 Rylands Road, Phone: 460-7953, represented Lakeview Park Civic League, and spoke in
support of a revised real tax rate of $1.04 per 'hundred dollars of assessed value
Mary Goldrich, 4709 Oceanfront, Phone: 422-9196. spoke in support of a reduced real estate tax rate
Helen Allsbrook, 312 53rd Street, Phone: 491-1183, supports a revised real tax rate of$l,04 per 'hundred
dollars of assessed value
John Allsbrook, 312 53rd Street, Phone: 491-1183, submitted a petition containing 1,050 signatures in
support of a revised real tax rate of $1.04 per 'hundred dollars of assessed value. Said petition is hereby
made a part of the record
Robert D. O'Connor, 204 52nd Street, Phone: 425-0902, supports a revised real tax rate of$1.04 per
'hundred dollars of assessed value. After copies have been made, Mr, 0 'Connor will submit a petition to
the City Clerk containing approximately 4,000 signatures in support of the revised tax rate.
Darl Anderson, 4425 Jeanne Street, Phone: 373-1407, advised the City Council should adhere to the
State's allowance of an increase in the real estate tax of 1 % over last year and adjust the Operating
Budget accordingly.
William Bailey, 4841 Rosecroft Street, Phone: 495-0637, represented the Virginia Beach Professional
Firefighters. Mr. Bailey expressed concern re firefighter staffing (hiring 10 firefighters per
year), pay compression (vertical) and the pay plan. There is a shortage of paramedics, firefighters and
police officers, User fees take the burden off the real estate rate so the City should bill for EMS Services
Eliminate the proposed 6-laning of Shore Drive
Dorinda Ennis, 3556 Shore Drive, Phone: 363-1740: eliminate the proposed 6-lane Lesner Bridge and
review other options as a 4-lane (pedestrian and bike path on a separate level), utilize the newest
technology to repair older bridges, examine the Great Neck Interchange at 1-264.
Robert Dean, Communications Director - Virginia Beach Taxpayers Alliance, 1204 Shawn Drive,
Phone: 427-6606, and 44-year resident, Mr. Dean referenced producing the Cox Cable ad: "No more than
$1.04 or out the door", 84.4% of the real estate tax base is comingfrom residents. The Oceanfront hotels
provide 1. 9%. Commercial and industrial only provide 13, 7%. He also gave a public apology to the Mayor
and her husbandfor the April 2]" Public Hearing comment concerning placing the Mayor's personal
telephone number on their ad.,
Paul Johnson, retired Navy and retired Elementary Teacher, 612 Piney Point Road, Phone: 498-1438,
supports a revised real tax rate of $1.04 per 'hundred dollars of assessed value
Vantoria Clay, Housing Policy Co-ordinator - Endependence Center, 3316 Sugar Creek Drive,
Phone: 368- 9872
Martha McClees, represented Community Services Board of Directors, 1828 Staple Inn Drive,
Phone; 427-0766, Some essential functions the municipal government provides must trump the desire
for a lower tax rate. Said statement is hereby made a part of the record.
James A. Roth, 1442 West Little Neck, Phone: 409-0203, 82-year old resident and legally blind. Mr, Roth
spoke in support of a revised real estate tax rate of $1,04 per 'hundred dollars of assessed value and
requested eliminating the tax or cutting it in 'half to citizens 65 years and older.
Maury Jackson, 1125 Ditchley Road, Phone: 428-1470, spoke in support of a revised real estate tax rate
of $1.04 per 'hundred dollars of assessed value
Mona Saferstein, 748 Virginia Dare Drive, Phone: 422-0401, spoke in support of a revised real estate tax
rate of$l,OO or at least $1.04 per 'hundred dollars of assessed value
Sandy Linkous, 5225 South Lake Road, Phone: 464-1947, spoke in support of a revised real estate tax rate
of $1,04 per 'hundred dollars of assessed value
Paul Schettler, 2000 Portules Court, Phone: 531-6234, associated with Law Enforcement for twenty-four
years, requested support of the public safety pay plan and the issue of compression
George Bryant, 2320 Dodd Drive, Phone: 481-3309, spoke in support of a revised real estate tax rate of
$1,04 per 'hundred dollars of assessed value
April 26, 2005
- 34-
Item V-H.2.
PUBIC HEARING
ITEM #53849 (Continued)
Robert Semel, 1205 Moorefield Court, Phone: 481-6104, spoke in support of a revised real estate tax rate
lower than $1.04 per 'hundred dollars of assessed value. Assessment has increased 37% this year.
Wally Erb, 150 Cayuga Road, Phone: 497-7451, spoke in support of a revised real estate tax rate of
$1.04 per 'hundred dollars of assessed value
Bob Denney, 520 Bushnell Drive, Phone: 437-2579 spoke in support of a revised real estate tax rate of
$1,00 per 'hundred dollars of assessed value
Richard Detz, 1135 Five Point Road, Phone: 481-6718, 43-year resident of Virginia Beach, spoke in support
of a revised real estate tax rate of $1,04 per 'hundred dollars of assessed value
Karen Nuszkiewicz, President - Homestead Civic League, 1000 Fireside Lane, Phone: 424-5657, spoke in
support of a revised real estate tax rate of $1.04 per 'hundred dollars of assessed value
Phil Terrana, 2312 First Settles, Phone: 427-2166, spoke in support of a revised real estate tax rate of
$1.04 per 'hundred dollars of assessed value
John Moss, Chair - Virginia Beach Taxpayers Alliance, 4109 Richardson Road, Phone: 363-7745, expressed
concern re the 10.6% increase in spending. The real estate tax rate should be established at $1.04 or less,
Joe Watson, 50-year resident, requested the tax rate be lowered.
Bob Hedrick, 1132 Blackburn Lane, requested the tax rate be lowered
John Gadzinski, 2005 Plowshares Court, Pilot with Southwest Airlines, requested the tax rate be lowered
to 904:
Todd Solomon, 2260 First Landing Lane, represented the Shore Drive Community Coalition, and requested
support of CIP Projects 2-116 and 2-117 Shore Drive Traffic and Aesthetic Improvements
Tim Solanic, 3612 Dupont Circle, spoke re transcriptions of all City Council Meetings being placed on
www.vbgov.com and requested elimination of CIP 2-857 (6-laning of Shore Drive) from the Capital
Improvement Program, although a requested but unfunded item,
John C. Ludford, 4425 Delmer Drive, Phone: 552-6644, President - Bayville Park and Garden Civic
League, spoke in support of the Shore Drive Corridor Plan and of a revised real estate tax rate
of $1,04 per 'hundred dollars of assessed value
Leslie Cornwell, 4209 Bounty Road, President of Baylake Pines/Baylake Beach Civic League, spoke in
support of a revised real estate tax rate of $1.04 per 'hundred dollars of assessed value, next two phases
of the Shore Drive Improvement Project, and dedication of 14: to the Open Space fund making Pleasure
House Point a priority
Laura Baines, 825 18th Street, Phone: 437-4911, represented the homeless and disabled and requested
the Community Development Block Grant (CDBG) funds be directed for non-profit programs.
Greg May, 820 Virginia Beach Boulevard, Phone: 219-2700, (both he and his wife are Police Officers),
requested support of the public safety pay plan and compression
Lisa Lawrence, 1806 Arctic A venue, Phone: 749-9200, spoke relative the issue of drainage vs the storm water
fee
James Morris, Rocking Chair Lane, Phone: 430-1852, requested support of the public safety pay plan and
compression
Albert Belbusti, 1521 Hidden Cove Phone: 481-4703, City Council should adhere to the State's allowance
of an increase in the real estate tax of 1 % over last year.
Richard Shelley, 3220 Burnt Mill Road, Phone: 486-3987, spoke relative a real estate tax reduction
April 26, 2005
- 35 -
Item V-J.
ORDINANCES/RESOLUTIONS
ITEM # 53850
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED IN ONE
MOTION Items 1, 2, 3 and 4 of the CONSENT AGENDA.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones,
Reba S. McClanan, Richard A. Maddox, Mayor Meyera E.
Oberndorf, Jim Reeve, Peter W Schmidt, RonA, Villanueva, and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
Council Members McClanan, Reeve and Wood voted a VERBAL NAY on Item 1.1. (Resort Season)
Council Lady McClanan voted a VERBAL NAY on Item 1.4. (Courthouse Marketplace, LLC)
April 26, 2005
- 36-
Item V-J.1.
ORDINANCES/RESOLUTIONS
ITEM # 53851
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance to AMEND the City Code991-2, 6-3, 6-30, 6-114and31-
28 re the term "Resort Season ", incorporate the term in certain
ordinances and amend provisions of the City Code re prohibited beach
activities during the Resort Season
Voting:
7-3 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W
Schmidt and Ron A. Villanueva
Council Members Voting Nay:
Reba S. McClanan, Jim Reeve and James L. Wood
Council Members Absent:
Rosemary Wilson
April 26, 2005
1 AN ORDINANCE TO AMEND THE CITY CODE TO DEFINE
2 THE TERM "RESORT SEASON" AND INCORPORATE THE
3 TERM IN CERTAIN ORDINANCES AND TO AMEND
4 PROVISIONS OF THE CITY CODE PERTAINING TO
5 PROHIBITED BEACH ACTIVITIES DURING THE RESORT
6 SEASON
7
8 SECTIONS AMENDED: City Code Sections 1-2, 6-3,
9 6-30, 6-114 and 31-28
10
11
12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA:
14
15 That Sections 1-2, 6-3, 6-30, 6-114 and 31-28 of the City Code
16 are hereby amended and reordained, to read as follows:
17 Sec. 1-2. Definitions and rules of construction.
18
In the interpretation and construction of this Code and of all
19 ordinances of the city, the following definitions and rules of
20 construction shall be observed, unless they are inconsistent with
21 the manifest intent of the councilor the context clearly requires
22 otherwise:
23
24
Resort season.
The term "resort season" shall mean the time
25 beginning May 1 and ending September 30 of each year.
26
27
28
29
30
Sec. 6-3. Playing ball, using frisbee, etc., on beach in certain
areas prohibited.
(a) It shall be unlawful for any person to engage in ball
31
playing or the use of a frisbee or any activity of like kind which
32 may endanger the safety of others on the o~nd be~ch, the sandy
33 portion of the beach area between the surf and the area east of the
34 lifeguard stands, the boardwalk and the grassy area west of the
35 boardwalk to the property lines from C~mp rendleton Rudee Inlet on
36 the south to 42nd Street on the north from 10:00 a.m. to 4:00 p.m.
37 weekdays and 10:00 a.m. to 6:00 p.m. weekends and holidays ~
38 P1emori~l D~y Weekend through L~bor D~y Weekend during the resort
39 season of e~eh ye~r. For the o~nd be~ch ~re~ betr.:een C~mp
40 rendleton ~nd Rudee Inlet, knmm ~o Cro~t~n I3e~ch, thio oection
41 oh~ll ~pply only on ',:eekendo ~nd holid~yo 10:00 ~.m. to 6:00 p.m.
42 during the reoort oe~oon ~nd oh~ll not ~pply to the ~re~o on
43 Cro~t~n I3e~ch ~o referenced in p~r~gr~ph (b) below.
44 (b) For purpooeo of thio oection, pqemori~l D~y Weekend oh~ll
45 be deemed to commence ~t 6: 00 p. m. the Frid~y before pqemori~l D~y
46 ~nd L~bor D~y Weekend oh~ll be deemed to end ~ t 6. 00 p. m. L~bor
47 Bay. It shall be unlawful for any person to engage in ball playing
48 or the use of a frisbee or any activity of like kind which may
49 endanger the safety of others on the sand beach area between Camp
50 Pendleton and Rudee Inlet, known as Croatan Beach, on weekends and
51 holidays 10:00 a.m. to 6:00 p.m. during the resort season.
52 (c) The city manager or his designee lS authorized to
53 designate locations within the sand beach area set forth in
54 subsection (a) of this section where activities such as playing
55 ball or using a frisbee or any activity of like kind may be
56 allowed. Such areas shall be designated with appropriate markers.
57
58 Sec. 6-30. Fishing from sand beaches.
2
59 It shall be unlawful to fish from the sand beaches of the city
60 from 42nd Street to Rudee Inlet between the hours of 10:00 a.m. and
61 4:00 p.m. weekdays and 10:00 a.m. and 6:00 p.m. weekends and
62 holidays from Hemori.::l.l D.::l.Y Weekend through L.::l.bor D.::l.Y Weekend during
63 the resort season.
64 For purpooeo of thio oection, Nemori.::l.l D.::l.Y Weekend oh.::l.ll be
65 deemed to commence .::l.t 6: 00 p. m. the Frid.::l.Y before Hemori.::l.l D.::l.Y .::l.nd
66 L.::l.bor D.::l.Y Weekend oh.::l.ll be deemed to end .::l.t 6.00 p. m. L.::l.bor D.::l.Y.
67
Sec. 6-114. Restrictions on launching, landing, parking or
stationing recreational vessels in certain areas.
68
69
70
71
(a) It shall be unlawful for any person to launch or land a
72
sailboat, motorboat, motorized personal watercraft, canoe, rowboat,
73 flatboat, kayak, umiak, scull or any other similar recreational
74 vessel on the beach area north of Rudee Inlet to the center line of
75 42nd Street prolongated eastward, bet",:een ~4emori.::l.l D.::l.Y Weekend .::l.nd
76 L.::l.bor D.::l.Y Weekend during the resort season between the hours of
77 10:00 a.m. and 4:00 p.m. weekdays and 10:00 a.m. and 6:00 p.m.
78 weekends and holidays. The provisions of this subsection shall not
79 be applicable to any person who is awarded a contract, based upon
80 competitive procurement principles, to conduct an operation for the
81 rental of designated recreational vessel(s) or to any person who
82 rents a vessel from an authorized rental operator provided the
83
vessel(s)
so rented is launched or landed within the area
84
designated in such contract.
For purpooeo of thio oection,
85 Hemori.::l.l D.::l.Y Weekend oh.::l.ll be deemed to commence .::l.t 6: 00 p. ill. the
3
86 FridCl.Y before MemoriCl.1 DCl.Y, Cl.nd LCl.bor DCl.Y Weekend ohCl.11 be deemed
87 to end Cl.t 6:00 p.m. LCl.bor DCl.Y.
88
89 Sec. 31-28. Points of collection.
90
91
(b)
Mobile containers in the resort collection zone may be
92 placed on the curb line of a city right-of-way by 6:00 a.m. on the
93 day of collection.
94 The collection of refuse from any mobile or bulk container by
95 a private contractor in the resort collection zone bet".;een l',pril 15
96 Cl.nd October 15 during the resort season of eCl.ch yeCl.r shall be
97 restricted to between the hours of 6:00 a.m. and 10:00 a.m. daily.
98 Any mobile container in the resort collection zone placed on the
99 curb line of a city right-of-way betr.,;een l\.pril 15 Cl.nd October 15
100 during the resort season must be removed from said right-of-way no
101 later than 10:00 a.m. If mobile containers are not removed by that
102 time, the city may remove them and take temporary custody of such
103 containers with posted written notice to the property owner as to
104 the location of the containers and the procedure for reclaiming
105 such containers.
106
107 Adopted by the City Council of the City of Virginia Beach,
108
Virginia,
on
this
26th
day
of
April,
2005.
4
- 37-
Item V-J.2.
ORDINANCES/RESOLUTIONS
ITEM # 53852
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance to TRANSFER $335, 000 from the FY 2004-2005 Operating
Budget of the Department of Human Services and $100,000 from the
Reserve for Contingencies-Juvenile Detention to the FY 2004-2005
Operating Budget of the Department of Juvenile Probation re Less
Secure Detention Services.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones,
Reba S. McClanan, Richard A, Maddox, Mayor Meyera E.
Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
April 26, 2005
1
2
3
4
5
6
AN ORDINANCE TO TRANSFER $435,000 TO THE FY
2004-05 OPERATING BUDGET OF THE DEPARTMENT OF
JUVENILE PROBATION FOR LESS-SECURE DETENTION
SERVICES
WHEREAS, there has been a significant increase in the number of
7 Court ordered less-secure detention services, such as Detention
8
Outreach and Electronic Monitoring for juveniles,
resulting in
9 increased costs for detention services.
10
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12
That $335,000 is hereby transferred from the FY 2004-05
13 Operating Budget of the Department of Human Services and $100,000 is
14 hereby transferred from the FY 2004-05 Reserve for Contingencies -
15 Juvenile Detention to the FY 2004-05 Operating Budget of the
16 Department of Juvenile Probation for court ordered less-secure
17 detention services.
18
19
on
Adopted by the Council of the City of Virginia Beach,
the 26th day of April
Virginia
2005.
Approved as to Content
Approved as to Legal Sufficiency
!JJ~ IVI. /Y!~
f)~u;~
City Attorney's Office
CA9594
Ord&Res/Dentention Services ORD
April 12, 2005
R-1
- 38-
Item V-J.3.
ORDINANCES/RESOLUTIONS
ITEM # 53853
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance to A UTHORIZE acquisition of property in fee simple
for the right-or-way for the Seaboard Road project and the
acquisition of temporary and permanent easements, either by
agreement or condemnation.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones,
Reba S. McClanan, Richard A, Maddox, Mayor Meyera E.
Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
April 26, 2005
1
, 2
3
4
5
6
7
8
9
10
11 public
AN ORDINANCE TO AUTHORIZE
ACQUISITION OF PROPERTY IN FEE SIMPLE
FOR RIGHT OF WAY FOR SEABOARD ROAD
PROJECT (CIP 2-107) AND THE ACQUISITION
OF TEMPORARY AND PERMANENT
EASEMENTS, EITHER BY AGREEMENT OR
CONDEMNATION
WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a
necessity exists for the construction of this important roadway project to improve
12 transportation within the City and for other public purposes for the preservation of the safety,
13 health, peace, good order, comfort, convenience, and for the welfare of the people in the City of
14 Virginia Beach:
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA:
17
Section 1. That the City Council authorizes the acquisition by purchase or
18 condemnation pursuant to Sections 15.2-1901, et seq., Section 33.1-89, et seq., and Title 25.1
19 Code of Virginia of 1950, as amended, of all that certain real property in fee simple, including
20 temporary and permanent easements (the "Property") as shown on the plans entitled
21 "SEABOARD ROAD (CIP NO. 2-107)", (the "Project") and more specifically described on the
22 acquisition plats for the Project (collectively the "Plans"), the Plans being on file in the
23 Engineering Division" Department of Public Works, City of Virginia Beach, Virginia.
24 Section 2. That the City Manager is hereby authorized to make or cause to be made
25 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer
26 to the owners or persons having an interest in said Property. If refused, the City Attorney is
27 hereby authorized to institute proceedings to condemn said property.
28
ADOPTED by the Council of the City of Virginia Beach, Virginia, on the 26th day
t
29 of April
, 2005.
30
31
32
APPROVED AS TO CONTENTS
33
34
35
~ C. ~S4.
S NATURE
PLO Rf)lJ Esfdr
DEPARTMENT
36
37
38
39
40
41
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
42
43
44
45
46
47 CA-9072
48 PREPARED: March 28,2005
49 F:\Data\ATY\OID\REAL ESTATE\Acquisitions\WORKING - COND\Acquisition Ordinances\CA9072.00C.2005.rtf
50
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SEABOARD.DGN M.j,S.
PREPARED BY pm ENG, CADD DEPT.
JAN, 15, 2004
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ENCROACHMENT REQUEST BY
COURTHOUSE MARKETPLACE, L.L.C.
FOR A
MONUMENT SIGN
GPIN 1494-63-5606
SCALE: 1" -
200'
COURTHOUSE MARKETPLACE.DGN M.).S,
PREPARED BY PIN ENG. CADD DEPT.
MARCH 28, 2005
- 39-
Item V-J.4.
ORDINANCES/RESOLUTIONS
ITEM # 53854
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance to A UTHORIZE a temporary encroachment into a portion
of the right-of way at Princess Anne Road and Nimmo Parkway by
COURTHOUSE MARKETPLACE, LLC to construct and maintain a
monument sign.
The following conditions shall be required:
1. The temporary encroachment shall 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.
2. The temporary encroachment shall terminate upon notice by the
City to the applicant and, within thirty (30) days after such notice
is given, the temporary encroachment must be removed from the
encroachment area by the applicant and the applicant will bear
all costs and expenses of such removal,
3. The temporary encroachment will meet all relevant provisions of
the City Zoning Ordinance regarding signs, including
landscaping, meeting or exceeding the requirements of Section
214(c).
4, The applicant will adhere to all applicable provisions of the
proffers attached to the rezoning application of this site by
Courthouse Marketplace, LL C.
5. The applicant will relocate the temporary encroachment,
including all utilities and landscaping, at the applicant's expense
at such time that the City notifies the applicant the right-ofway
is required due to the imminent construction of CIP 2-035,
Princess Anne Road Phase IV (Ferrell-Phase II) and that said
construction, including utility relocations, may begin as early as
in 2005.
6. The applicant 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,
April 26, 2005
Item V-J.4.
- 40-
ORDINANCES/RESOLUTIONS
ITEM # 53854 (Continued)
7. 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 applicant.
8, The applicant agrees to maintain the temporary encroachment so
as not to become unsightly or a hazard.
9. The applicant must submit and have approved a traffic control
plan before commencing work in the encroachment area.
10, The applicant 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.
11. The applicant agrees to obtain a permit from the Office of
Development Services Center/Planning Department.
12, The applicant 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 applicant agrees to carry comprehensive general liability
insurance in an amount not less than Five Hundred Thousand
Dollars ($500,000), combined single limits of such insurance
policy or policies. The applicant 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 applicant assumes all
responsibilities and liabilities, vested or contingent, with relation
to the temporary encroachment.
13, The applicant shall connect with sanitary sewer facilities when
they become available, within the time stipulated by the City and
that plans must be submitted to the Department of Public Utilities
for review.
14. The temporary encroachment must conform to the minimum
setback requirements as established by the City.
April 26, 2005
- 41 -
Item V-J.4.
ORDINANCES/RESOLUTIONS
ITEM # 53854 (Continued)
15, The City, upon revocation of such authority and permission so
granted, may remove the temporary encroachment and charge
the cost thereof to the applicant and collect the cost in any
manner provided by law for the collection of local or state taxes;
may require the applicant to remove such temporary
encroachment; and, pending such removal, the City may charge
the applicant for the use of such portion of the City's right-of- way
encroached upon the equivalent of what would be the real
property tax upon the land so occupied ifit were occupied by the
applicant; and ifsuch removal shall not be made within the time
ordered herein above, the City may impose a penalty in the sum
of One Hundred Dollars ($100.00) per day for each and every
day that such temporary encroachment is allowed to continue
thereafter; and, shall collect such compensation and penalties in
any manner provided by law for the collection of local or state
taxes.
Voting:
9-1 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter
W Schmidt, Ron A. Villanueva, and James L. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Rosemary Wilson
April 26, 2005
I .
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE A
4 TEMPORARY ENCROACHMENT INTO
5 A PORTION OF THE RIGHT-OF-WAY
6 LOCATED ON PRINCESS ANNE
7 ROAD, NORTH OF ITS
8 INTERSECTION WITH NIMMO
9 PARKWAY BY COURTHOUSE
10 MARKETPLACE, LLC, ITS HEIRS,
11 ASSIGNS AND SUCCESSORS IN
12 TITLE
13
14 WHEREAS, Courthouse Marketplace, LLC desires to construct and maintain a
15 monument sign within the City's right-of-way located on Princess Anne Road, about
16 315+- feet north of its intersection with Nimmo Parkway.
17 WHEREAS, City Council is authorized pursuant to SS 15.2-2009 and 15.2-2107,
18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
19 City's right-of-way subject to such terms and conditions as Council may prescribe.
20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22 That pursuant to the authority and to the extent thereof contained in SS 15.2-
23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Courthouse Marketplace,
24 LLC, its heirs, assigns and successors in title are authorized to construct and maintain a
25 temporary encroachment for a monument sign in the City's right-of-way as shown on
26 the map entitled: "ENCROACHMENT EXHIBIT COURTHOUSE MARKETPLACE
27 VIRGINIA BEACH, VIRGINIA," Scale: 1 "=50', dated March 28, 2005, a copy of which is
28 on file in the Department of Public Works and to which reference is made for a more
29 particular description; and
I '
30 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly
31 subject to those terms, conditions and criteria contained in the Agreement between the
32 City of Virginia Beach and Courthouse Marketplace, LLC (the "Agreement"), which is
33 attached hereto and incorporated by reference; and
34 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
35 is hereby authorized to execute the Agreement; and
36 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
37 time as Courthouse Marketplace, LLC and the City Manager or his authorized designee
38 execute the Agreement.
39 Adopted by the Council of the City of Virginia Beach, Virginia, on the
40
26thdayof April
,2005.
41
42 ~. PROVED AS TO CONTENTS
43 _ _u. C. CJ(WJ.s.tv\..
44 NATURE
Pm R[JiI 66iuJ€.
DEPARTMENT
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50
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APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
I llfHv ~ /lIf'1i/ il tV
CITY AT ORNEY
CA-9517
PREPARED: 4/7/05
F:\Data\A TY\Ordin\NONCODE\PW ORDIN\CA9517 Courthouse Marketplace, LLC,doc
. ,
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58,l-811(c) (3)
THIS AGREEMENT, made this 'lion day of M af'c..h , 2001 by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and COURTHOUSE MARKETPLACE. L.L.C., ITS HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE, "Grantee", even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "PARCEL A 21.072 ACRES" on that plat entitled,
"RESUBDIVISION PLAT OF COURTHOUSE MARKETPLACE VIRGINIA BEACH,
VIRGINIA" Scale 1 "=50', dated September 24, 2004 and being further designated and described
as GPIN 1494-63-5606.
WHEREAS, it is proposed by the Grantee to construct and maintain a monument
sign, "Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of an existing City right of way known as
Princess Anne Road "The Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
GPIN 1494-63-5606
1
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 COURTHOUSE MARKETPLACE VIRGINIA
BEACH, VIRGINIA," a copy of which is attached hereto as
Exhibit "A" and to which reference is made for a more particular
description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment
from The Encroachment Area in the event of an emergency or public necessity.
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 Temporary Encroachment
will meet all relevant provisions of the City Zoning Ordinance regarding signs, including
landscaping, meeting or exceeding the requirements of Section 214( c).
2
It is further expressly understood and agreed that the Grantee will adhere to all
applicable provisions of the proffers attached to the rezoning application of this site by
Courthouse Marketplace, L.L.C.
It is further expressly understood and agreed that the Grantee will relocate the
Temporary Encroachment, including all utilities and landscaping, at the Grantee's expense at
such time that the Grantor notifies the Grantee the right-of-way is required due to the imminent
construction of CIP 2-035, Princess Anne Road Phase IV (Ferrell-Phase II) and that said
construction, including utility relocations, may begin as early as in 2005.
It is further expressly understood and agreed that the Grantee shall indemnify and
hold harmless the City, its agents and employees, from and against all claims, damages, losses
and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an
action arising out of the location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall
be construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain
the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must submit and
have approved a traffic control plan before commencing work in The Encroachment Area.
It is further expressly understood and agreed that the Grantee agrees that no open
cut of the public roadway will be allowed except under extreme circumstances. Requests for
3
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 a bond or other security, in accordance with their engineer's
cost estimate, to the Office of Development Services Center/Planning Department.
It is further expressly understood and agreed that the Grantee must obtain and
keep in force all-risk property insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the City as additional named insured
or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability
insurance in an amount not less than $500,000.00, combined single limits of such insurance
policy or policies. The Grantee will provide 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 connect with
sanitary sewer facilities when they become available, within the time stipulated by the City and
that plans must be submitted to the Department of Public Utilities for review.
It is further expressly understood and agreed that the Temporary Encroachment
must conform to the minimum setbacks requirements, as established by the City.
4
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, the said Courthouse Marketplace, L.L.C. has caused
this agreement to be executed by David Y. Faggert, Manager of Courthouse Marketplace, L.L.C
a Virginia limited liability company, with due authority to bind said limited 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
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
,2005, by
, CITY MANAGER! AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
My Commission Expires:
Notary Public
STATE OF
CITY/COUH'f~ OF VIRal NIA BFArJ.l to-wit:
,
The foregoing instrument was acknowledged before me this L day of
~ittGh
L.L.C.
,2005, by David Y. Faggert, Manager on behalf of Courthouse Marketplace,
My Commission EXPires:cJan. 3iJ .2009
6
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ENCROACHMENT EXHIBIT
COURTHOUSE MARKETPLACE
VIRGINIA BEACH, VIRGINIA
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engineering services, inc.
Civil Engineering - Land Surveying
3351 Stoneshore Road, Virginia Beach, VA. 23452
(757) 468-6800 FAX (757) 468-4966
E-mail: email@esiofva.com
Date
03/28/05
Pro'ect
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STATE CORPORATION COMMISSION
1?jclimond, JIpri[ 25, 2003
rr'liis is to certify tliat tlie certificate of organization of
Courthouse Marketplace, l.l.C.
was tliis day issued and admitted to record in tliis office and that
tlie said Cimited Cia6iCity company is autliorized to transact its
6usiness su6ject to a[[ Virginia Caws appCica6[e to tlie company
and its 6usiness. Pffective date.' JIpri[ 25, 2003
State Corporation Commission
jIttest.'
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CIS0313
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, ARTICLES OF ORGANIZATION
OF
COURTHOUSE MARKETPLACE, L.L.C.
Pursuant to Chapter 12 of Title 13.1 of the Code of Virginia
of 1950, as amended, the undersigned states as follows:
1. The name of the limited liability company is Courthouse
Marketplace, L.L.C.
2. The address of the initial registered
Virginia is 1435 Crossways Boulevard, Suite 200,
Virginia 23320. Such office is located in the City of
Virginia.
office in
Chesapeake,
Chesapeake,
3. The registered agent's name is David Y. Faggert, whose
business address is identical with the registered office.
The registered agent is an individual who is a resident of
Virginia and a member of the Virginia State Bar.
4. The post office address of the principal office where
the records will be maintained pursuant to Virginia Code Section
13.1-1028 is c/o Courthouse Marketplace, L.L.C., 1435 Cross\<lays
Boulevard, Suite 300, Chesapeake, Virginia 23320.
5. The period of the limited liability company's duration
is perpetual.
IN WITNESS WHEREOF, I have hereunto set my hand, this 23rd
day of April, 2003.
G:\Temp\courthouse-ao.doc
OPERATING AGREEMENT
OF
COURTHOUSE MARKETPLACE, L.L.C.
THIS OPERATING AGREEMENT (the "Agreement"), dated as of April
25, 2003, is made by and between DAVID Y. FAGGERT ("Faggert") and
JOANN B. FAGGERT (" J. Faggert").
ARTICLE 1
DEFINITIONS
"Capi tal Account" means the capital account maintained for
each Member in accordance with Section 704 of the Internal Revenue
Code of 1986, as amended (the "IRC").
"Capital Transaction" means any sale, exchange, refinancing,
condemnation or other disposition of any portion of the LLC IS
assets.
"Manager" means Faggert.
"Members" means Faggert and J. Faggert and any parties who
execute an agreement agreeing to be bound by the terms hereof and
any additional or substitute member.
"Net Cash Flow from Operations"
operating revenues less cash operating
determined by the Manager.
means the LLC's cash
expenses and reserves
"Net Proceeds from a Financing" means the excess net cash
proceeds from a borrowing less all costs and reserves determined
by the Manager.
"LLC" means Courthouse Marketplace, L.L.C.
"Ownership Interests" means the percentage interest of a
Member in the LLC. The initial Ownership Interests are the
amounts of cash or the property as agreed upon with the Manager on
the date such Member executed this Agreement.
"Prime Rate" means the prime rate of Bank of America, N.A. in
effect from time to time.
"Property" means those certain parcels of real estate
situated in the City of Virginia Beach, Virginia which are more
particularly described on Exhibit "A" attached hereto and made a
part hereof.
"Pro Rata" means an allocation based upon Ownership
Interests.
1
ARTICLE 2
FORMATION OF LIMITED LIABILITY COMPANY
The Members hereby form a limited liability company (the
"LLC") pursuant to the Virginia Limited Liability Company Act,
(the "Act") Section 13.1-1000, et seq., of the Code of Virginia of
1950, as amended (the "Va. Code").
ARTICLE 3
NAME AND ADDRESS OF BUSINESS, REGISTERED AGENT AND MANAGER
The name of the LLC is Courthouse Marketplace, L.L.C. and its
principal place of business is 222 Central Park Avenue,
Suite 1300, Virginia Beach, Virginia 23462. The registered agent
and Manager of the LLC is David Y. Faggert, 222 Central Park
Avenue, Suite 1300, Virginia Beach, Virginia 23462.
ARTICLE 4
PURPOSE
The LLC I s business and purpose shall consist solely of the
following:
(i) To own, operate and manage the Property pursuant to
and in accordance with this Agreement; and
(ii) To engage in such other lawful activities necessary or
convenient to the conduct, promotion or attainment of the business
or purposes otherwise set forth in this Agreement.
ARTICLE 5
TERM OF LLC
The term of the LLC shall be perpetual unless sooner termi-
nated pursuant to the terms hereof.
ARTICLE 6
CAPITAL CONTRIBUTIONS AND ADVANCES
Each Member shall contribute to the initial capital of the
LLC the amount of cash or the property as agreed upon with the
Manager on the date such Member executed this Agreement. No
interest shall be paid on any capital contribution and no Member
may withdraw any capital contribution without the consent of the
Manager. No Member shall be obligated to make any capital
contribution in excess of those initially required by this
Agreement and any advance of money by a Member to the LLC, unless
otherwise agreed, shall be a loan repayable on demand, bearing
2
interest at a fluctuating annual rate of two percent (2%) above
the Prime Rate.
ARTICLE 7
DISTRIBUTIONS
1. No Member shall have the right to demand the return of
his capital contributions prior to the termination of the LLC,
unless agreed to by the Manager.
2 . Net Cash Flow from Operations shall be distributed to
the Members in accordance with the Members' Ownership Interests
not less frequently than annually.
3. Net Proceeds from a Financing or a Capital Transaction
to the extent not otherwise reasonably required for the operation
of the business of the LLC or for LLC reserves, and any cash
arising from the reduction of LLC reserves that were previously
funded from proceeds of Capital Transactions, shall be distributed
to the Members in accordance with the Members' Ownership
Interests.
ARTICLE 8
PROFITS AND LOSSES
Income and loss and all items of tax credit shall be
allocated Pro Rata to the Members.
ARTICLE 9
THIRD PARTIES
No person or entity shall be considered a Member unless named
in this Agreement, or unless admitted to the LLC as a Member as
herein provided. No Member other than the Manager shall have the
authority to bind the LLC except as provided for in this Agreement
or unless he is specifically authorized in writing to do so by the
Manager. If any Member shall, without authority, bind or attempt
to bind, the LLC, he shall indemnify the LLC and/or the other
Members for any loss suffered or expense incurred by the LLC in
connection therewith.
3
ARTICLE 10
BOOKS AND RECORDS
The Manager shall maintain or cause to be maintained at the
principal office of the LLC the information and records required
by Section 13.1-1028 of the Va. Code.
ARTICLE 11
MANAGEMENT AND RIGHTS, DUTIES AND OBLIGATIONS OF MEMBERS
A. The Manager shall have complete power and authority for
the management and operation of the LLC' s assets and business
(including the borrowing of money and the incurring of
indebtedness and the sale, encumbrance or other disposition of any
or all of the LLC' s assets, including real property), and may
delegate any aspect of his authority to one or more persons.
B. The LLC shall have such agents, officers and other
representatives as the Manager shall determine. The selection,
removal, compensation, duties, terms and all other matters
relating to such agents, officers and representatives shall be
within the sole power and authority of the Manager.
C. The Manager, while acting on behalf of the LLC, shall
not be liable for any act or omission performed or omitted by it
in good faith. The Manager shall be liable for action on behalf
of the LLC only for fraud or willful misconduct. To the extent of
the net assets of the LLC, the LLC shall indemnify and save
harmless the Manager from any loss or damage incurred by it by
reason of its acts or omissions performed or omitted in good faith
for or on behalf of the LLC.
D. Only the signature of the Manager is required to
execute and deliver on behalf of the LLC any instrument,
including, but not limited to, any deed, deed of trust, bill of
sale, promissory note, lease agreement, financing statement,
contract of sale, or other instrument purporting to conveyor
encumber, in whole or in part, any or all of the assets, including
real property, of the LLC, or at any time held in its name. No
other signatures shall be required.
E. Any Member may engage in or possess an interest in
other business ventures of every nature and description,
independently or with others, including, but not limited to, the
ownership, financing, leasing, operating, managing, or developing
of real property, whether or not such real property is in
competition with the business of the LLC. Neither the LLC nor the
any of the Members shall have any rights by virtue of this
Agreement in or to such independent ventures.
4
F. Nothing contained herein shall be deemed to prohibit
the LLC from entering into a contract with any Member, or an
affiliate of any M~mber, for the sale of goods to, or the
performance of servlces for, the LLC, if (and only if) the
compensation paid for such goods or services is at a commercially
reasonable and competitive rate and the other terms of the
contract are at least as favorable to the LLC as would be
obtainable in an arms-length transaction. As used in this Article
11, "affiliate" shall mean any person or entity who directly or
indirectly, through one or more intermediaries, controls, is
controlled by, or is under common control with a Member.
ARTICLE 12
WITHDRAWAL, DISSOLUTION AND WINDING UP
A. No Member shall have the right or power to (i) cause
the dissolution and winding up of the LLC by court decree or
otherwise, (ii) withdraw or resign from the LLC, or (iii) require
a partition of the LLC's assets or the redemption of its interest
in the LLC.
B. The LLC shall be dissolved and wound up upon the occur-
rence of anyone of the following events: (i) the sale of all or
substantially all of the LLC's property, real and personal; (ii)
the expiration of the term set forth in this Agreement or (iii)
the occurrence of an event causing dissolution under the Act
unless the remaining Members holding a majority-in-interest of the
interests of the LLC elect to continue the business of the LLC.
ARTICLE 13
ASSIGNABILITY OF MEMBERS' RIGHTS AND INTERESTS
No Member may assign, sell, encumber, transfer or otherwise
dispose of all or any portion of his interest in the LLC without
the prior written consent of the Manager. All costs and expenses
relating to any permitted transfer shall be paid by the assignor
and may be offset against any LLC distribution. Any permitted
assignee shall only become a substituted Member after paying all
costs and expenses of the substitution, agreeing to be bound by
the terms of this Agreement, and upon the agreement of the Members
owning at least a majority of the Ownership Interests of the LLC.
The transfer of an interest shall not release the assignor from
any liability to the LLC.
5
ARTICLE 14
AMENDMENTS
Except as otherwise provided herein, this Agreement may be
amended by the Members in any manner wi th the approval of the
Manager and of Members owning a majority-in-interest of the
Ownership Interests in the LLC; provided, however, that any
amendment to this Agreement that would adversely affect the
federal income tax treatment to be afforded a Member, adversely
affect the liabilities of a Member, modify any consent and
approval rights reserved by the Members or change the method of
allocation of income, loss, gain, deduction, credit, liabilities
or the distribution of funds available for distribution, shall
require the approval of the Member affected.
For the purpose of complying with this Agreement, each Member
(and substituted Member) does hereby constitute and appoint the
Manager, with full power of substitution as his irrevocable true
and lawful attorney-in-fact coupled with an interest, for him and
in his name, and on his behalf, to sign, and/or swear under oath
and/or acknowledge (i) any amendment to this Agreement for the
purpose of admitting any new Member (ii) to execute any
instruments necessary to admit a new Member or to transfer an
Ownership Interest, (iii) to carry out any purpose of this
Agreement and (iv) such other instruments as the Manager deems
advisable.
ARTICLE 15
MISCELLANEOUS
A. Any notice provided hereunder shall be deemed given
when delivered or two (2) days after being sent by registered or
certified mail to a Member at his address shown on the documents
which each Member executes in order to become a Member of the LLC,
or at such other address as may be specified in writing to the LLC
at its principal office in accordance with this paragraph.
B. This Agreement constitutes the entire operating
agreement of the LLC and supersedes any prior agreements, whether
written or oral, respecting the subject matter hereof.
C. If any provision of this Agreement shall be held to be
invalid or unenforceable, the remaining provisions of this
Agreement shall nevertheless remain in full force and effect.
D. This Agreement
construed and enforced
Commonwealth of Virginia.
is
in
made in
accordance
and shall
with the
be governed,
laws of the
6
E. When the context in which the words used in this
Agreement indicate that such is the intent, words in the singular
number shall include the plural and vice versa, and words in the
masculine gender shall include the feminine and neuter genders and
vice versa.
F. This Agreement shall be binding upon the Members, and,
if and when assigned in accordance with the provisions hereof,
their respective assigns, successors, representatives, estates,
heirs or legatees.
WITNESS the following signatures
(SEAL)
(SEAL)
7
EXHIBIT "A"
TO
OPERATING AGREEMENT
DATED APRIL 25, 2003
OF
COURTHOUSE MARKETPLACE, L.L.C.
Members
Initial Cash
Capital Contribution
David Y. Faggert
222 Central Park
Avenue, Suite 1300
Virginia Beach, VA
23462
$ 99.00
Percentage Interest
99.0%
JoAnn B. Faggert
222 Central Park
Avenue, Suite 1300
Virginia Beach, VA
23462
1. 00
$100.00
S:\Clients\Slll\002\OPERATING AGREEMENT-09-09-04.doc
8
1. 0%
100.0%
EXHIBIT "A"
PROPERTY DESCRIPTION
PARCEL ONE
PARCELS A and C:
ALL THOSE certain lots, pieces or parcels of land,
buildings and improvements thereon, situate, lying and
the City of Virginia Beach, Virginia, and being known,
and designated as PARCEL "A" and PARCEL "c" as shown on
entitled "SUBDIVISION OF PROPERTY OF JOHN M. BURGESS,
ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA", dated July 30,
made by W.B. Gallup, Surveyor, which said plat is duly
in the Clerk's Office of the Circuit Court of the
Virginia Beach, Virginia in Map Book 80 at page 53.
wi th the
being in
numbered
the plat
PRINCESS
1969 and
recorded
Ci ty of
PARCEL B:
ALL THAT certain tract, piece or parcel of land, situate, lying
and being in the Princess Anne Borough of the City of Virginia
Beach, Virginia and being more particularly designated as Parcel
"B" 1.48 acres on the certain plat entitled "SUBDIVISION OF
PROPERTY OF JOHN M. BURGESS, PRINCESS ANNE BOROUGH, VIRGINIA
BEACH, VIRGINIA," which plat is dated July 30, 1969, and recorded
in Map Book 80, at page 53, and was made by W. B. Gallup,
Surveyor, and which property is more particularly bounded and
described according to said plat as follows:
BEGINNING at a pin on the Western edge of the right-of -way of
Princess Anne Road, which pin is located .65 miles more or less
from the intersection of said Princess Anne Road with North
Landing Road, and from said pin running thence S 30 0 49' W.
609.47 feet to a pipe; thence turning and running N 40 0 27' W.
41.24 feet to a pipe; thence continuing and running N 40 0 27' W
69.28 feet to a point; thence turning and running N 30 0 22' E
600.46 feet to a pipe at the Western edge of Princess Anne Road;
thence turning and running S 45 0 35' E 112.54 feet to a pipe;
being the point of beginning, less and except that certain piece
or parcel dedicated to the City of Virginia Beach, Virginia for
road purposes.
PARCEL TWO
ALL THAT certain tract, piece or parcel of land, with the
improvements thereon and the appurtenances thereunto belonging,
situate, lying and being in Seaboard Magisterial District,
Virginia Beach, formerly Princess Anne County, Virginia, at or
near Princess Anne Courthouse consisting of Parcel No. 1 and the
eastern part of Parcel No.2, shown and designated on a certain
9
plat and survey thereof, made by Frank D. Tarrall, Jr. &
Associates, Surveyor, June 15, 1948 and recorded in the Clerk's
Office of the City of Virginia Beach, Virginia in Map Book 23 at
page 3, by which the said property is more particularly bounded
and described as follows:
Beginning at a point in the Southern line of the right of way of
the highway for Norfolk to Princess Anne Courthouse in the
dividing line between Parcels One (1) and Two (2) as shown on
said plat and from said point extending along the right of way of
said highway South 45 degrees 35 minutes 10 seconds East 149.90
feet to a point in the line of the property of Nicholson; thence
along the center line of a ditch separating this property from
property of Nicholson South 30 degrees 15 minutes 50 seconds West
629.43 feet to a point; thence North 39 degrees 32 minutes 30
seconds West 36.13 feet to a point in the center line of another
ditch; thence along the center line of the last mentioned ditch
South 46 degrees 39 minutes 40 seconds West 1061. 50 feet to a
point in the center line of an intersecting ditch separating this
property from the property of Saneca; thence along the line of
the property of Saneca North 55 degrees 38 minutes 50 seconds
West 163 feet, more or less, to the center line of a ditch
running Northeasterly through the above parcel of land; thence
Northeasterly along the center line of the last mentioned ditch
North 46 degrees 39 minutes 40 seconds East to a point in the
center line of a ditch running North 39 degrees 32 minutes 30
seconds West from the angle shown on the said plat in the Eastern
line of the property hereby conveyed, the distance of said angle
being shown as 36.13 feet; thence South 39 degrees 32 minutes 30
seconds East to a point intersecting the line running South 30
degrees 22 minutes 00 seconds West from the point of beginning;
thence North 30 degrees 22 minutes 00 seconds East to the
Southwest corner of Parcel No. One (1) shown on the aforesaid
plat, and continuing North 30 degrees 22 minutes 00 seconds East
along a ditch forming the Western boundary of Parcel No. One (1)
as shown on said plat 350 feet to the point of beginning.
LESS, SAVE AND EXCEPT 0.065 acres conveyed to the City of
Virginia Beach by Deed dated August 18, 1992 and recorded in the
aforesaid Clerk's Office in Deed Book 3133 at page 1312.
PARCEL THREE
ALL THAT certain tract, piece or parcel of land, with the
improvements thereon and the appurtenances thereunto belonging,
lying, situate and being in Princess Anne Borough in the City of
Virginia Beach, Virginia, consisting of the western part of
Parcel No. 2 as shown on that certain plat entitled, II Physical
Survey of Property of William A. Cooper, II made by Frank D.
Tarrall, Jr. and Associates, June 15, 1948 and recorded in Map
Book 23 at page 3 in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia and more particularly
bounded and described as follows, to-wit:
10
.'
Beginning at a point in the southern line of the right of way of
the highway from Norfolk to Princess Anne Courthouse in the
western line of Parcel 2, as shown on the aforesaid plat, and in
the eastern line of the property of Hicks in the center line of a
ditch, and from said point extending along the center line of
said ditch South 29 degrees 12 minutes 30 seconds West 615.38
feet to a point in an intersecting ditch; thence along the center
line of the last mentioned ditch North 40 degrees 19 minutes West
59.48 feet to a point in the center line of another ditch; thence
continuing along the center line of the last mentioned ditch
separating the property hereby conveyed from the property of
Hicks South 46 degrees 29 minutes 10 seconds West 1136.75 feet to
a point in the center line of another ditch separating the
property hereby conveyed from the property of Seneca; thence
along the center line of the last mentioned ditch separating the
property hereby conveyed from the property of Seneca South 55
degrees 38 minutes 50 seconds East 164.22 feet, more or less, to
the center line of a ditch separating the property hereby
conveyed from the property conveyed by William A. Cooper and wife
to Horace W. Kea and wife, by deed dated April 24, 1950, and
recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach (formerly Princess Anne County); thence
northeasterly along the center line of the ditch separating the
property hereby conveyed from the property heretofore conveyed to
Kea as aforesaid North 46 degrees 39 minutes 40 seconds East to a
point in the center line of a ditch running North 39 degrees 32
minutes 30 seconds West from the angle shown on the said plat in
the Eastern line of the property conveyed by William A. Cooper
and wife to Kea as aforesaid; thence South 39 degrees 32 minutes
30 seconds East to a point intersecting a line running South 30
degrees 22 minutes 00 seconds West from the dividing line between
Parcels 1 and 2 as shown on the said plat, which dividing line
commences at the edge of the aforesaid highway; thence North 30
degrees 22 minutes 00 seconds East continuing along the dividing
line between the property hereby conveyed and the property
conveyed by William A. Cooper and wife to Kea as aforesaid to the
southwest corner of Parcel I, as shown on the aforesaid plat, and
continuing along the Western boundary of said Parcel I, which is
the western boundary of the line of the property conveyed by
William A. Cooper and wife, to Kea as aforesaid, North 30 degrees
22 minutes 00 seconds East along a ditch forming the western
boundary of said Parcel 1 350 feet to the edge of the highway
from Norfolk to Princess Anne Courthouse; thence along the edge
of the right of way of said highway North 45 degrees 35 minutes
10 seconds West 157.05 feet to the point of beginning; being the
Western part of Parcel No. 2 as shown on said plat.
LESS, SAVE AND EXCEPT 0.041 acres acquired by the City of
Virginia Beach in Certificate No. 1277 as described in Deed Book
3116 at page 411 and in Order recorded in Deed Book 3245 at page
949.
11
City of Virginia Beach
DEPARTMENT OF PLANNlNG
(757) 427-4621
(757) 426-5801 (DIRECTOR)
(757) 563.1762 FAX
OPERATIONS BUR-DING. ROOM lIS
240S COURTHOUSE DRIVE
MUNICIPAL CENTER
VIRGINIA BEACH. VIRGINIA 23456-9019
September 30, 2004
Brian R. Lucas, Assistant Development Manager
Armada Hoffler
222 Central Park Avenue, Suite 2100
Virginia Beach. Virginia 23462
RE: Certificate of Appropriateness #01-04b - Proposed Retail Development of
Courthouse Marketplace -located on property at the northwest comer of Princess
Anne Road and Nimmo Parkway
Dear Mr. Lucas:
In accordance with the Historic Review Board's recommendation, your request for a Certificate of Appropriateness
(COA) for development of a retaY center (please see attachment) has been approved. The retail center wit be located
at the intersection of the northwest comer of Princess Anne Road and Nimmo Parkway, on properties with GPINs
1494-64-7111; 1494-63-6417, 1494-63-4587, 1494-63-1439 and 149-63-3867.
The approval applies to the following attached exhibits:
Building Materials:
. The brick will complement the Municipal Center in color, texture and coursing.
. The Clapboard will be selectiVely used throughout the development to breakup large expanses
of brick and will be of a material similar in quality as Hardiplank.
The wood, faux wood, reinforced fiberglass panels and EIFS detailing for the building cornices,
balusters, window sills/head, dentil moldings, columns and other features will be of similar color
and style to the Municipal Center.
. Shingles will be architectural roofing shingles as used on the City's Juvenile Detention Building.
. Windows will have applied muntins used with patterns similar to the Municipal Center in
keeping with the architectural style and design presented in the submitted rendering.
LETTER: Brian Lucas
September 30, 2004
Page 2
Building Mounted Signage:
. All signs are to be externally lit. No neon shall be visible from the exterior.
. Sign letters will be individually fastened to the structure.
. Emblems or logos may be used in conjunction with the sign letters.
. Signage panels shall be synthetic material to simulate wood.
Paint colors will be from the Benjamin Moore Historic Color palette
Monument Entrance Signs:
. Exterior material will be high-density urethane with a polyarmour hardcoat surface, painted off-
white to match the retail center buildings.
. Paint colors will be from the Benjamin Moore Historic Color palette
Light Fixtures:
. The exterior lighting fIXtures from the WLS Lighting Systems, 748 series with a decorative arm
and a black finish.
Landscape Plan:
. 10 additional American Holly trees shall be added to the landscaping in the front promenade.
Each outparceI for this site is also subject to review and approval by the Historical Review Board and the Director of
Planning for aU future development activity before a building permit can be issued.
A Certificate of Appropriateness #01-o4a, dated April 1, 2004, for the demolition of the existing structures located on
the proposed development site of Courthouse Marketplace has already been approved and its conditions met.
This COA replaces the Preliminary COA issued May 3, 2004 for this project.
If we can be of further assistance, please contact Robert Davis of my staff at 427-8613.
Sincerely,
1UJ-9. ~.:tf
Robert J. Scott
Planning Director
c: Current Planning
Ron Frink, DSC
- 42-
PLANNING ITEM # 53855
1. VICTORYCHAPEL MODIFICATIONOF CONDITION No.3
of CONDITIONAL USE PERMIT
(APPROVED: August 12, 2003)
2. CSM, L.L.c. CHANGE OF ZONING
3. BAY BREEZE CONDOMINIUMS, INC. STREET CLOSURE
April 26, 2005
- 43-
Item K.I.
PLANNING
ITEM # 53856
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED IN ONE
MOTION Items 1 (DENIED), 2 (DEFERRED), and 3 of the PLANNING BY CONSENT AGENDA.
Item 2 was DEFERRED, BY CONSENT, until the City Council Session of May 10, 2005..
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. OberndorJ, Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
Vice Mayor Jones ABSTAINED on Item K.l. (Victory Chapel), as he is the owner of property within close
proximity of that in the application.
April 26, 2005
- 44-
Item K.1.
PLANNING
ITEM # 53857
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council DENIED the Ordinance
upon application of VICTORY CHAPEL for the Modification of Condition No.3 on a Conditional Use
Permit re a nonconforming sign approved by City Council on August 12, 2003:
ORDINANCE UPON APPLICATIONOF VICTORY CHAPEL FOR THE
MODIFICATION OF CONDITIONS FOR A CONDITIONAL USE
PERMIT APPROVED BY CITY COUNCIL ON AUGUST 12,2003,
Ordinance upon Application of Victory Chapel for the Modification of
Conditions for a Conditional Use Permit approved by City Council on
August 12, 2003, Property is located at6644 Indian River Road (GPIN
14560509420000). DISTRICT 2 - KEMPSVILLE
Voting:
9-1 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Reba S. McClanan, Richard A,
Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt,
Ron A. Villanueva, and James 1. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor Louis R. Jones
Council Members Absent:
Rosemary Wilson
Vice Mayor Jones ABSTAINED on Item K.1. (Victory Chapel), as he is the owner of property within close
proximity of that in the application.
April 26, 2005
- 45 -
Item K.2
PLANNING
ITEM # 53858
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council DEFERRED, until the
City Council Session of May 10, 2005, Ordinance upon application of CSM, L.L. C. for a Change ofZoninf!
District Classification
ORDINANCE UPON APPLICATION OF CSM, L.L. c. FORA CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM A-18 APARTMENT
DISTRICT TO R-5S
Ordinance upon Application of CSM, LL C. for a Chanf!e of Zoning
District Classification from A-18 Apartment District to R-5S Residential
Single Family District on property located on the east side ofRosemont
Road, 295 feet south of Bancroft Drive (GPIN 14866502900000). The
Comprehensive Plan designates this site as being part of the Primary
Residential Area, suitable for appropriately located suburban residential
and non-residential uses consistent with the policies of the
Comprehensive Plan. The purpose of the zoning change is to develop the
site with a dwelling. DISTRICT 3 - ROSE HALL
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A, Villanueva, and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
April 26, 2005
- 46-
Item K.3.
PLANNING
ITEM # 53859
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED, subject to
compliance of conditions by July 26, 2005, Ordinance upon application of BAY BREEZE
CONDOMINIUMS, INC. for the discontinuance, closure and abandonment of a portion of Summerville
Court:
Ordinance upon application for the discontinuance, closure and
abandonment of a portion of Summerville Court beginning at a point
250 feet north of its intersection with Carver A venue and running 46.99
feet in a northerly direction (DISTRICT 6 - BEACH).
The following conditions shall be required:
1. The City Attorney's Office will make the final determination
regarding ownership of the underlyingfee, The applicant shall
dedicate certain right-of way to the City for a turn space at the
new terminus of Summerville Court. The net area of right-ofway
being closed and vacated by the City, in excess of the area of
right-of way being dedicated to the City by the applicant, will be
purchased from the City. The purchase price to be paid to the
City shall be determined according to the "Policy Regarding
Purchase of City's Interest in Streets Pursuant to Street
Closures. "
2, The applicant is required to construct a turn space at the new
terminus of Summerville Court at no cost to the City of Virginia
Beach. A construction plan for the turn space must be approved
and bonded through the Development Services Center of the
Planning Department prior to recordation of the street closure
plat, The construction plan shall include a row of evergreen
shrubs (three (3) tofour (4)feet in height) to beplanted along the
northern and western edge of the turn space to provide a screen
for the proposed condominiums.
3. The applicant is required to resubdivide the property and vacate
internal lot lines to incorporate the closed area into the
adjoining parcels. The plat must be submitted and approved for
recordation prior to final street closure approval.
4. The applicant is required to verifY that no private utilities exist
within the right-ofway proposed for closure. Preliminary
comments from the utility companies indicate that there are
private utilities within the right-ofway proposedfor closure and'
an easement satisfactory to the utility company must be provided.
April 26, 2005
- 47-
Item K.3.
PLANNING
ITEM # 53859 (Continued)
5, Closure of the right-of way shall be contingent upon compliance
with the above stated conditions within 365 days * of approval by
City Council. If the conditions noted above are not accomplished
and the final plat is not approved within one year of the City
Council vote to close the right-of way, this approval shall be
considered null and void.
*Compliance with the above conditions is extended ninety (90) days to July 24, 2005.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R, Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A, Villanueva, and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
April 26, 2005
ORDINANCE NO.
2 AN ORDINANCE EXTENDING THE DATE FOR
3 SATISFYING CONDITIONS IN THE MATTER OF
4 THE CLOSING, V ACA TING AND
5 DISCONTINUING OF A PORTION OF
6 SUMMERVILLE COURT, UPON THE
7 APPLICATION OF BAY BREEZE
8 CONDOMINIUMS, INe.
9 WHEREAS, on Apri127, 2004, the Council of the City of Virginia Beach acted upon the
10 application ofthe Bay Breeze Condominiums, Inc. for the closure of portion of Summerville Court;
11 WHEREAS, on April 27, 2004 the Council adopted an Ordinance to close the aforesaid
12 street, subject to certain conditions being met on or before April 26, 2005; and
13 WHEREAS, on AprilS, 2005, the applicant requested that they be granted an extension or
14 time to satisfy the conditions attached to the aforesaid street closure.
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA:
17 That the date for meeting conditions of closure as stated in the Ordinance adopted 011 Apri I
18 27,2004, upon application of the Bay Breeze Condominiums, Inc., is extended to July 26,2005.
19 GPIN: 1455-68-3796-0000
20
Adopted by the Council of the City of Virginia Beach, Virginia, on the 26
day of
21
April
22
CA-9524
23
24
25
,2005,
I [ \OID\REAL ESTATE\Strcct Closure\Bay Breeze ca9524.ext.ord,doc
Date: 4/18/05
Rl
26
27
28
29
30
31
APPROVED AS TO CONTENT:
~ s.f-l1-oS"
Planning Department
A~T~UFFICIENCY:
City Attorney's Office
~. . CROSSHA TCHEf) AREA REPRESD.....J AREA
OF SUMMERVILLE COURT TO BE CLOSED BY
THE VIRGINIA BEACH CITY COUNCIL
AREA=810 s.F. OR 0.019 ACRE
CAR~R A ~NUE r"'';'1'F1''''''''''''1 SHADED AREA REPRESENTS AREA TO Be
(FORMERL Y UNNAMED STREET) :)~}~~{~~~~~);~;~i~;n)~ DED/CA TED TO THE CITY OF VIRGINIA
(30' R/W) t~*t~tt?i~~t\1.(M~~r; BEACH. VIRGINIA FOR R/W PURPOSES
(M.B. 18. Pc. 39) ...,.....,........,...,.,.............,.............,...'. AREA=398 s.F. OR 0.009 ACRE
NO TE:
THIS PLA T WAS PREPARED
WITHOUT THE BENEFIT OF A
TITLE REPORT AND MA Y NOT
SHOW ANY/ALL EASEMENTS
OR RESTRICTIONS THA T MA Y
AFFECT SAID PROPERTY AS
SHOWN.
EXHIBI T f1'
PLA T SHOWING
PORT/ON OF
SUMMERVILLE COURT
TO BE CLOSED BY THE
VIRGINIA BEA CH CITY
COUNCIL
VIRGINIA BEACfI, VIRGINIA
BL OCK 1
(M.B. 18. Pc. 39)
LOT 8
PT. GPIN: 2417-56-3442
t
\~ \
~
'- +
~E \2
""'~ c:i
(..) II) c;:;- ~
tr)
ll,J ~ ~ ~ -t-
-l~~~
~;t. to
~~g-
~ ).. --.:. n::i
eJe5 ~
~~
~~
~
LOT 8
GPIN: 2417-56-1434
'+\b
o 0
o .
c:i I::)
Ie) K
t'\j t'\j
-t-
r-rw. t/1.1/0tJ
BLOCK 2
(M.B. 18, Pc. 39)
~
PROPOSED R/W LINE
~
AREA TO BE
DEDICA TED
TO THE CITY
OF VIRGINIA
BEACH. VA.
FOR R/W
PROPOSED
R/W LINE
N 74"49'51. W
LOT 7
PT. GPIN: 2417-56-3442
~--------------------
PORTION OF SUMMERVILLE COURT
TO BE CLOSED BY THE VIRGINIA BEACH
CITY COUNCIL
LOT 9
GPIN: 2417-56-1520
30.15'
. S 74 "49 '51" E
PARCEL 1
(M.B. 202, PG, 47)
GPIN: 2417-56-2566
EXIST. R/W LINE
(M.B. 18, PG. 39)
REVISED: 02/27/04
REVISED: 02/26/04
GRAPHIC SCALE
o 10 20 40 60
~L_~~>Bt~
"'. ROOD & SMITH P.C.
LAND SURVEYORS
SCALE:
TEl: 757.466. 1111 DATE:
FAX: 757.466.9384 REF:
56,9758
1 "=20' DRAWN BY: W. W.L.
10 14 03 10-09-03 56975.RAW
M.B. 18, PG. 39
5737 BARTEE STREET
NORFOLK,VA 23502
EXHIBIT nAil
Item V-L.l.
- 48-
APPOINTMENTS
ITEM # 53860
BY CONSENSUS, City Council RESCHEDULED:
COMMUNITY POLICY AND MANAGEMENT TEAM - CSA - AT RISK
COMMUNITY SERVICES BOARD
FRANCIS LAND HOUSE BOARD OF GOVERNORS
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE
MINORITY BUSINESS COUNCIL
OPEN SPACE SUBCOMMITTEE
PARKS AND RECREATION COMMISSION
PERFORMING ARTS THEATRE ADVISORY COMMITTEE
SHORE DRIVE COMMITTEE
TOWING ADVISORY BOARD
April 26, 2005
- 49-
Item V-L.2.
APPOINTMENTS
ITEM # 53861
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Jim Reeve
Unexpired to 6/30/05
7/1/05 - 6/30/07
HAMPTON ROADS PLANNING DISTRICT COMMISSION
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A, Villanueva, and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
April 26, 2005
- 50-
Item V-L.3.
APPOINTMENTS
ITEM # 53862
Upon NOMINATION by Vice Mayor Jones, City Council
APPOINTED:
Mary Redd Nelson
4/1/05 - 3/31/08
REAPPOINTED:
Vicky Gray
4/1/05 - 3/31/08
HEALTH SERVICES ADVISORY BOARD
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
April 26, 2005
- 51 -
Item V-L.4.
APPOINTMENTS
ITEM # 53862
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
William A. Dyson
J.P. Godsey
4/1/05 - 3/31/08
HUMAN RIGHTS COMMISSION
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R, Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
April 26, 2005
- 52-
Item V-L.5.
APPOINTMENTS
ITEM # 53863
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Robert W. Hall
3/1/05 - 2/28/08
PERSONNEL BOARD
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E, Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A, Villanueva, and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
April 26, 2005
- 53-
Item V-L.6.
APPOINTMENTS
ITEM # 53864
Upon NOMINA TION by Vice Mayor Jones, City Council REAPPOINTED:
Rosemary Wilson
4/1/05 - 3/31/06
THE PLANNING COUNCIL
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
April 26, 2005
- 54-
Item V-L. 7.
APPOINTMENTS
ITEM # 53865
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Jim Wood
Unexpired to 6/30/06
TIDEWATER TRANSPORTATION DISTRICT COMMISSION
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E, Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A, Villanueva, and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
April 26, 2005
- 55 -
Item V-D.
ADJOURNMENT
ITEM # 53866
Mayor Meyera E, Oberndorf DECLARED the City Council Meeting ADJOURNED at 9:13 P.M.
c;J~__t2~_((~~~(~
Beverly t5! Hooks, CMC
Chief Deputy City Clerk
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~;ges Smith, MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
April 26, 2005