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JUNE 27, 2006 MINUTESCITY COUNCIL MAYOR MEYERA E. OBERNDORF, At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville -District 2 ROBF,RT 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 RONA. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large .LAMES L. WOOD, Lynnhaven -District 5 CITY MANAGER -JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CiTYC'LERK - RUTH HODGES SMITH, MMC CITY OF VIRGINIA BEACH A COMMUNITY FOR A LIFETIME CITY COUNCIL AGENDA 27 June 2006 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 E-MA1L: Ctycncl@vbgov.com I. CITY MANAGER'S BRIEFING Conference Room A. MUNICIPAL PARKING LOTS: Pilot project to close entry after midnight Charles W. Meyer, Chief Operating Officer II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION Conference Room A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 2:OOPM 3:OOPM V. FORMAL SESSION Council Chamber 6:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Mark Pullen Bayside 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 June 13, 2006 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS I. LEASE OF CITY -OWNED PROPERTY a. Commonwealth Support Systems 2. LEASE AGREEMENTS OF CITY -OWNED PROPERTY — Farmers Market a. Chapman's Flowers, Inc. b. Elsie Creekmore, T/A Creekmore's Place C. Laurie Moser, T/A Reflections of the Heart d. Lauris Moser, T/A Secret Garden e. Country Butcher, Inc. £ Michele Shean, T/A Virginia Garden I. CONSENT AGENDA J. ORDINANCES Ordinances to AMEND and REPEAL the City Code: a. AMEND Article Il: ADD §2-15 re Mayoral, City Council and School Board elections on the first Tuesday in November b. AMEND §36-96 re taxicabs operated pursuant to "public agency" contracts (PAC) C. AMEND §1-12.1 re assessment of additional court costs for construction, maintenance or renovation of the Courthouse and facilities d. AMEND Chapter 7, §§7-2 through 7-5, 7-6.1 through 7-11, 7-21, 7-22, 7-24, 7- 25, 7-29 through 7-32, 7-46, 7-49, 7-50, 7-58, 7-59 through 7-64; and, REPEAL §§7-6, 7-46 through 7-48, 7-51 through 7-57 re bicycles and other wheeled devices to conform with revisions to the State Code e. REPEAL §5-5 re control of dangerous or vicious dogs; and, AMEND §5-9 re nuisance animals f. REPEAL §6-116.1 re surfing 2. Ordinances to AMEND the City Code and Criteria re Towing: a. AMEND §§21-422,21-425,21-426,21-429 re tow truck service to enforce parking restrictions on private property b. ADD §21-422.1 requiring tow truck services to obtain written authorization of the property owner (or agent) before towing a trespassing vehicle from the property without consent C. AMEND §21-426 re charges for towing and storage of vehicles d. Police Department wrecker list criteria (revised June 6, 2006) 3. Ordinance to ACCEPT a Zodiac Classic Mark 2 inflatable marine vessel as a donation from Zodiac Boats to the Police Marine Patrol Unit 4. Ordinances to AUTHORIZE the City Manager to execute leases of less than five (5) years with the Commonwealth of Virginia for office space in the Judicial Center at 2425 Nimmo Parkway: a. Department of General Services, [eight thousand (8,000) square feet] re housing and operating the adult probation and parole office. b. Support Systems [two thousand three hundred (2,300) square feet on the ground floor] Ordinance to AUTHORIZE the City Manager to lease six (6) spaces at the Farmers Market beginning July 1, 2006 through June 30, 2009: a. Chapman's Flowers, Inc. b. Elsie Creekmore, T/A Creekmore's Place C. Laurie Moser, T/A Reflections of the Heart d. Lauris Moser, T/A Secret Garden e. Country Butcher, Inc. f. Michele Shean, T/A Virginia Garden 6. Ordinances to AUTHORIZE temporary encroachments into Lake Wesley: (DISTRICT 6 — BEACH) a. Timothy D. Moody into Croatan Road and Virginia Dare Drive to construct and maintain landscaping and an open wrought iron fence with brick columns, maintain existing rip -rap, construct and maintain mooring piles, fixed pier, ramp floats, boat lift and gazebo. RECOMMENDATION Approve the existing rip -rap and deny all other proposed encroachments b. Carl A. Eason and Katherine F. Ripberger to construct and maintain a pier extension, deck, gazebo, floating piers, boat lift, mooring piles and rip -rap at 528 Kerry Lane. (DISTRICT 6 — BEACH) RECOMMENDATION DENY 7. Ordinances to APPROPRIATE and or TRANSFER: a. APPROPRIATE $175,000 in earned revenue to the Virginia Aquarium Special Revenue Fund re funding expenditures b. APPROPRIATE $6,812 from the Chesapeake Bay Preservation Ordinance violation charges to the FY2005-2006 Department of Agriculture's operating budget for wetlands and coastal sand dune restoration and enhancement projects TRANSFER $140,000 from the General Fund regular Reserve for Contingencies to the FY 2005-2006 operating budget of the Convention and Visitors Bureau plus $269,000 within the FY 2005-2006 operating budget of the Convention and Visitors Bureau re increased utility costs at the Virginia Beach Convention Center. 8. Ordinance to APPOINT the Directors of Parks and Recreation, Planning and Public Works as Viewers for one-year terms beginning July 1, 2006, re closures of City streets and alleys. K. L. IM RESOLUTIONS Resolution DIRECTING the Planning Commission to propose amendments to the Comprehensive Plan removing recommendations re the establishment of a Redevelopment and Housing Authority within 60 days after the date of adopting this Resolution (requested by Council Lady McClanan). 2. Resolution AUTHORIZING and DIRECTING the City Manager to implement the Historic Kempsville Area Master Plan 3. Resolution to APPOINT Kamala H. Lannetti as Deputy City Attorney effective July 1, 2006 and Marjorie A. Smith as Associate City Attorney effective June 16, 2006. PLANNING — NO ACTION Application of the CITY OF VIRGINIA BEACH for a Conditional Use Permit re filling a borrow pit on the east side of Oceana Boulevard, north of Credle Road. (DISTRICT 6 — BEACH) PLANNING 1. Application of BOBBY DANIELS, FAITH FOR DELIVERANCE OUTREACH CENTER for a Conditional Use Permit re a church at 649 Newtown Road. DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 2. Application of LITTLE NECK SWIM AND RACQUET CLUB for a Conditional Use Permit re a recreational facility of an outdoor nature (addition of 2 tennis courts and parking) at 864 Little Neck Road. DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL Application of KAREN A. SPAULDING for a Conditional Use Permit re a home occupation (day care) at 2060 Antelope Place. DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 4. Application of NELIN BROTHERS fora Change of Zoning District Classification from R-10 and R-20 Residential Districts to Conditional 0-1 Office District at 2122 General Booth Boulevard for an office building. DISTRICT 7 — PRINCESS ANNE DEFERRED INDEFINITELY RECOMMENDATION MARCH 22, 2005 APPROVAL N. Eel N N 5. Application of BEACH DEVELOPMENT GROUP, L.L.C. for a Change of Zoning District Classification from R-51) Residential Duplex District to Conditional B-2 Community Business District on the north side of Euclid Road, east of Onondaga Road for an office building. DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 6. Application of RADHAKRISHNA RENUKUNTA and KAVITHI VURIMINDI, A/K/A KAVITHI VURMINDI for a Change ofZoninjzDistrict Classi ication from AG -1 Agricultural District to Conditional R-10 Residential District at the eastern terminus of Chestnut Oak Way to subdivide the property into five (5) single-family dwellings. DISTRICT 7 — PRINCESS ANNE DEFERRED INDEFINITELY DEFERRED RECOMMENDATION APRIL 11, 2006 APRIL 25, 2006 APPROVAL 7. Resolution DIRECTING the Planning Commission to study means of regulating bars and nightclubs, including requiring conditional use permits (CUP) for these establishments and make recommendations to the City Council within sixty (60) days after the date of adopting this Resolution. APPOINTMENTS BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF ZONING APPEALS BUILDING CODE OF APPEALS — New Construction EASTERN VIRGINIA HEALTH SYSTEMS AGENCY INVESTMENT PARTNERSHIP ADVISORY COMMITTEE — PPEA OCEANA LAND USE CONFORMITY COMMITTEE PARKS AND RECREATION COMMISSION SPORTS AUTHORITY OF HAMPTON ROADS UNFINISHED BUSINESS NEW BUSINESS ABSTRACT OF SENATE PRIMARY ELECTION VOTES — June 13, 2006 ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 CITY COUNCIL SESSIONS RESCHEDULED July 4, 2006 ALL SESSIONS CANCELED July 11, 2006 Briefing, Informal and Formal Sessions Reorganization of City Council July 18, 2006 Briefing, Informal and Formal Sessions July 19 - August 7, 2006 City Council Vacation August 8, 2006 Resume Regular Schedule Agenda 6/22/06 gw -1- M S S �F OUF NnT��N MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 27 June 2006 Mayor Meyera E. Oberndorf called to order the City Council Comment Session in the City Council Conference Room, City Hall, on Tuesday, June 27, 2006 at 2: 00 P.M. Council Members Present: 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 Absent: Harry E. Diezel [Family Vacation] Rosemary Wilson [Entered: 2:15 P.M.] kon A. Villanueva [Entered: 2:05 P.M.] June 27, 2006 -2 - CITY MANAGER'S BRIEFING MUNICIPAL PARKING LOTS 2:00 P.M. ITEM # 55335 Charles W. Meyer, Chief Operating Officer, advised relative the pilot project to close Municipal Parking Lots entry after midnight, the issue focuses on the increasing crowd size on Atlantic Avenue during the late night hours. With this growth, steps must be taken. Several businesses, landowners and area residents in the Resort Avenue have expressed serious concerns about public safety stemming from overcrowding of pedestrians on the Atlantic Avenue and adjacent sidewalks. In response to these concerns, the Police Department has identified several issues to be considered by restricting late-night, public parking access to mitigate crowd problems before they develop. The Police suggest closing the municipal parking lots before large crowds develop because: Sidewalks can become too congested for safe pedestrian use Pedestrians are being forced into the streets because the sidewalks are overcrowded The crowds of pedestrians are so large they are interfering with the free flow of traffic The crowds of pedestrians are so large they are interfering with normal business operations Staff suggested the current three (3) Municipal Parking facilities, 9`h Street Garage, the 19`h Street North/South, and 25th Street Parking Lots be closed at Midnight. These procedures would be implemented administratively. Mr. Meyer advised the staff has not had the opportunity to meet with the normal representative groups (i.e. Resort Advisory Commission (RAC). There have been industry representative discussions and meetings; however, this concept has not gone through the normal process. The staff wishes to implement this concept immediately (in time for the July 4, 2006, weekend and the remainder of the Summer). The closing would be monitored. Mr. Meyer indicated he attended a meeting of the Resort Advisory Commission (RAC) Subcommittee this morning, June 27, 2006 The concern was to implement solutions quickly. Council Lady McClanan expressed concern there would be no public comment during the Formal Session and was disturbed with the process. Council Lady McClanan advised when she was first elected to City Council, staff would provide a report concerning citations at the Oceanfront. Council Lady McClanan referenced this report strictly addresses the monetary reduction (lost revenue) occurring as a result of Closing Resort Area Municipal Parking Lot at 12:00 MIDNIGHT. Mr. Meyer introduced Captain Dennis E. Free, Commanding Officer of the Second Precinct and Deputy Chief Gregory G. Mullen, Police Operations Division, in attendance to respond to City Council concerns. Captain Free advised Oceanfront statistics involving arrests, and the areas of occurrence could be provided. The disturbance on the 1600 block of Virginia Beach Boulevard was addressed through common nuisance. Atlantic Avenue is vastly improved from ten (10) years ago. However, late night crowds are appearing, which had been partying elsewhere and around 10: 00 A.M. start coming down to Atlantic Avenue, the 200 block of 17`h Street, and mill around (relatively young 18 to 25). This crowd does not frequent any establishment. Issues have occurred. Tensions are higher and result in incidents. The crowd is not unmanageable at this point. June 27, 2006 -3 - CITY MANAGER `S BRIEFING MUNICIPAL PARKING LOTS ITEM # 55335 (Continued) Simply being in a public space is not illegal, but crowding too many people into a public space causes other behaviors that can become illegal. An inordinate amount of manpower is devoted to managing these crowds. Usually the 200 Block of 17`h Street, routinely has to be closed as the sidewalks cannot support the pedestrian traffic. This entails three (4) or four (4) Police Officers. Similar occurrences occur at 19`h Street and 2100`h Block of Atlantic and must be closed. There is frustration with large, unmanageable crowds. On the Fourth of July weekend, often no parking spaces are available. Councilman Maddox advised the troublemakers do not seem to be averse to expending $25 to park their car and was concerned this would force individuals into private lots and into the neighborhoods. Councilman Maddox was concerned re quantifiable data to support these measures. Councilman Maddox was concerned relative the lack of public comment. This is a "resort " and a signal will be sent to tourists not to come to the Oceanfront after Midnight. Captain Free advised the closing of the parking lots at 2:30 A.M., did have a positive impact. There were crowds at the Resort until 5:00 or 6:00 A.M. Police Officers were often working 12 hour shifts on weekends (6:00 P.M. to 6:00 A.M.) and the manpower was exhausted. The effect of closing the municipal parking lots at 12:00 MIDNIGHT will be monitored. Taping on Atlantic Avenue is available and this resource can be utilized to depict the size of the crowds' pre and post closing. This might also show the measures as being ineffective. By measuring calls for Police service and filming, this program can be monitored. Councilman Schmidt urged a closer examination of the Residential Parking Program (RPP) , which has been very successful. Mr. Meyer advised after Midnight approximately 250 to 300 vehicles come into the Resort area. These individuals are great carpoolers (3 or 4 per vehicle). As the Oceanfront Behavior Liaison with Councilman Maddox, Councilman Villanueva advised he was not informed until last week concerning this issue. The process must be followed to continue goodwill. Councilman Villanueva referenced Ordinances in effect to control the crowds. Captain Free advised there is no longer a loitering ordinance in effect, as the Supreme Court deemed them unconstitutional. The ordinance relative "obstructing the sidewalks" is used accordingly. The Music Festival and Strawberry Festival tend to be an older crowd and preoccupied with an activity. Mr. Meyer advised the increased lighting and music has turned out to be an amenity to the City and a positive impact re behavior. Mr. Meyer and Captain Free met with the Oceanfront Enhancement Committee of RAC this morning, June 27, 2006 This step (closing municipal parking lots at Midnight) is being proposed as a moderate measure. Mayor Oberndorf requested information be provided whether any of the other cities in the Region close their parking lots after a certain hour to maintain decorum. Information shall also be furnished re the method other competing Resort cities, such as Ocean City, do to maintain decorum. Statistics shall also be provided re the number of manpower expended for public safety. BY CONSENSUS, City Council concurred the current three (3) Municipal Parking facilities, 9`h Street Garage, the 19`h Street North/South, and 25th Street Parking Lots shall be closed at Midnight for the July Fourth Weekend. Closure of the municipal parking lots the remainder of the Summer season shall be discussed during the City Council Session of July 11, 2006 June 27, 2006 CITY COUNCIL LIAISONREPORTS 3:17 P.M. ITEM # 55336 Council Members Wood and Schmidt, Liaisons to the SANDLER CENTER FOR THE PERFORMING ARTS, distributed their report and the new fund raising brochure `Newsletter for Friends of the Sandler Center for the Performing Arts" which is hereby made apart of the record. Present Status November 1, 2004: Notice to Proceed was issued to Clancy and Theys Construction Company January 2005: Formed Capital Campaign/Non-Profit Foundation Steering Committee January 2005: Developed Campaign Plan, timeline, roles and responsibilities of members February, 2005 - March 2005: Update Business Plan/Activity Profile - completed April 1, 2005: Issued RFP for Programming and/or Management June 2005: Non -Profit Foundation awarded tax exempt status by Internal Revenue Service Summer 2005: Demolition of Pavilion theatre December 5, 2005: City Council Briefing on final interior design and plaza design details February 14, 2006: Capital Campaign reached 50% of $12.5 - MILLION goal February 21, 2006: Council Briefing on Management Company - Council continues negotiations with Global Spectrum. June 21, 2006 - $1.46-MILION awarded from the Commonwealth of Virginia Ongoing: Recruit members to the Campaign Steering Committee and Honorary Advisory Committee. The Advisory Committee to work in design review, facility usage and public awareness Construction Activity Highlights State house concrete: columns elevation 80' at twelve (12) locations is in-place P level balcony (17'— 10'): North, South and East balconies are in place Stage house CMU between columns in progress to top out Mechanical room almost complete. Chiller, cooling tower and boilers in place Fireproofing of columns, beams, joists in Area "A " P floor Installation of rough -in waste/vent piping Southwest IS` and 2"d floors in progress Installation of rough -in HVAC ductwork P and 2"d floors (Area B) in progress Exterior brick in progress along Independence Boulevard June 27, 2006 -5 - CITY COUNCIL LIAISONREPORTS ITEM # 55336 (Continued) THE SANDLER CENTER FOR THE PERFORMING ARTS Near -Future Actions Spring 2006 - Management Pre -Opening Services Contract Execution Spring 2006 - Management Post -Opening Services Contract Execution Fall 2007 -Opening of new Performing Arts Theatre Unresolved Issues/Issues Under Study Block 6 Northeast Parcel: Cost and schedule impact under review for a concurrent PAC and 6E parcel construction with a mid- September 2007 inaugural performance. June 27, 2006 CITY COUNCIL COMMENTS 3:19 P.M. ITEM # 55337 Council Lady McClanan referenced the City Council Retreat. The City Manager advised the Retreat had been scheduled for August 11 and 12, 2006, in the Economic Development Conference Room, Town Center. June 27, 2006 -7- A GENDA REVIEW SESION 3:22 P.M. ITEM # 55338 Councilman Wood distributed a proposed Resolution to be ADDED to the Agenda: Resolution re "Midtown" at City View apartment project Andrew Friedman, Director — Housing and Neighborhood Preservation, advised the Midtown Apartments will be financed in part by the Virginia Housing Development Authority (VDEHA). There are legal requirements prior to issuing this financing. Virginia Code §36-55.30.2 provides that VDHA may provide financing for projects outside of a "revitalization area" only if City Council adopts a Resolution making certain findings required in the statue. The public purpose is to create mixed income housing in order for low and moderate income persons to benefit from this environment. Median income is below $90,000 combined income. ITEM # 55339 1. Ordinances to AMEND the City Code: b. AMEND §36-96 re taxicabs operated pursuant to 'public agency " contracts (PAC) Vice Mayor Jones advised there are many `public agency" contracts under which taxicabs not licensed in Virginia Beach operate, and carrying paper copies of all such contracts in each taxicab is burdensome This amendment will allow those taxicabs to file the contracts with the Police instead of carrying paper copies, but only if their taxicabs are capable of displaying `P.A.C. " (public agency contract) on the digital printout that the taxicab receives from its dispatcher. This printout will assist Police Officers in determining whether a taxicab is operating pursuant to a Public Agency Contract. ITEM # 55340 1. Ordinances to AMEND and REPEAL the City Code: e. REPEAL §5-5 re control of dangerous or vicious dogs; and, AMEND §5-9 Re nuisance animals Council Lady McClanan expressed concerns of the postal department re the response they received from Virginia Beach Animal Control and the possible elimination of controlling vicious dogs. The City Attorney has advised the law does not allow the City to define as the most dangerous dogs by breed. Steve Snyder, Animal Control Supervisor, advised the 2006 General Assembly made several changes to Virginia Code § 3.1-796.93:1, which addresses "dangerous" dogs. As a result, it is no longer necessary to have a local dangerous dog ordinance, because the City many now rely on the dangerous dog provisions of the State Code. When the Post Office or anyone calls a complaint, Animal Control immediately investigates. The revision to state law also necessitates changes to City Code § 5-9 (Nuisance animals generally), because a dog that bites or seriously injures a person or domestic animal is now a "dangerous dog", not a "nuisance animal". Also, although state law authorizes the City to regulate nuisance animals, that authorization does not include requiring the destruction of a nuisance animal. Accordingly, the reference to destroying nuisance animals has been deleted. June 27, 2006 A GENDA REVIEW SESION ITEM # 55341 5. Ordinance to AUTHORIZE the City Manager to lease six (6) spaces at the Farmers Market beginning July 1, 2006 through June 30, 2009: a. Chapman's Flowers, Inc. b. Elsie Creekmore, TIA Creekmore's Place C. Laurie Moser, TIA Reflections of the Heart d. Lauris Moser, TIA Secret Garden e. Country Butcher, Inc. f. Michele Shean, TIA Virginia Garden Council Lady McClanan requested a copy of the report re the amount funded through the General Fund support. It is not her proposal to increase the cost of the leases; however, she believes more analysis should be conducted as the General Fund support for the past years was $245,000. Farmer's Market is an asset to the City. Last week, the Hoe Down had an extremely large attendance. Jack Whitney, Director of Agriculture, advised there are approximately twelve (12) leases which are staggered for City Council's consideration. Councilman Villanueva concurred with Council Lady McClanan as Farmer's Market is truly a gem. Enhancements might be a good subject for discussion during the City Council Retreat. Council Lady Wilson advised next week, a proposal re a Green Market for Town Center from Peter Coe will be scheduled for the City Council Session of July 11, 2006 ITEM # 55342 6. Ordinances to AUTHORIZE temporary encroachments into Lake Wesley: (DISTRICT 6 — BEACH) a. Timothy D. Moody into Croatan Road and Virginia Drive to construct and maintain landscaping and an open wrought iron fence with brick columns, maintain existing rip -rap, construct and maintain mooring piles, fixed pier, ramp floats, boat lift and gazebo. b. Carl A. Eason and Katherine F. Ripberger to construct and maintain a pier extension, deck, gazebo, floating piers, boat lift, mooring piles and rip -rap at 528 Kerry Lane. Councilman Maddox advising meeting with representatives of the Croatan Civic League. As per their request, Mr. Moody has agreed to grant a "line of sight" easement. Nothing above two (2) feet will be built, which would obstruct the view. A ten (10) foot access will also be built to the water. Jim Lawson, advised Public Utilities advised the existence of water and sanitary sewer lines located in the right-of- way and being in conflict with the proposed location of the wrought iron fence and brick columns. These utility lines need to remain unenclosed to allow for maintenance, operation and repairs. With the compromise proposed, there appears to be two (2) access points for the utility lines: culvert proposed to be used for public access (canoe, kayak launch) and the applicant's driveway coming off of Croatan Road. Councilman Maddox advised the Eason application does not meet the twenty -five-foot (25 ) setback required. These encroachments do not block and are not interfering with access. The adjacent property owners do not object. to this request. These items shall be discussed during the Formal Session to enable conditions to be cited. June 27, 2006 M A GENDA REVIEW SESION ITEM # 55343 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: J. ORDINANCES 1. Ordinances to AMEND and REPEAL the City Code.- b. ode: b. AMEND §36-96 re taxicabs operated pursuant to 'public agency " contracts (PAC) AMEND §1-12.1 re assessment of additional court costs for construction, maintenance or renovation of the Courthouse and facilities d. AMEND Chapter 7, §§7-2 through 7-5, 7-6.1 through 7-11, 7-21, 7-22, 7-24, 7-25, 7-29 through 7-32, 7-46, 7-49, 7-50, 7-58, 7-59 through 7- 64; and, REPEAL §§7-6, 7-46 through 7-48, 7-51 through 7-57 re bicycles and other wheeled devices to conform with revisions to the State Code e. REPEAL §5-5 re control of dangerous or vicious dogs; and, AMEND §5-9 re nuisance animals f. REPEAL §6-116.1 re surfing 2. Ordinances to AMEND the City Code and Criteria re Towing: a. AMEND §§21-403, 21-406, 21-407, 21-410 re tow truck service to enforce parking restrictions on private property b ADD §21-403.1 requiring tow truck services to obtain written authorization of the property owner (or agent) before towing a trespassing vehicle from the property without consent C. AMEND §21-407 re charges for towing and storage of vehicles d. Police Department wrecker list criteria (revised June 6, 2006) 3. Ordinance to ACCEPT a Zodiac Classic Mark 2 inflatable marine vessel as a donation from Zodiac Boats to the Police Marine Patrol Unit 4. Ordinances to AUTHORIZE the City Manager to execute leases of less than five (5) years with the Commonwealth of Virginia for office space in the Judicial Center at 2425 Nimmo Parkway: a. Department of General Services, [eight thousand (8,000) square feet/ re housing and operating the adult probation and parole office. b. Support Systems [two thousand three hundred (2,300) square feet on the ground floor] June 27, 2006 -10 - AGENDA REVIEW SESION ITEM # 55343 (Continued) 5. Ordinance to AUTHORIZE the City Manager to lease six (6) spaces at the Farmers Market beginning July 1, 2006 through June 30, 2009: a. Chapman 's Flowers, Inc. b. Elsie Creekmore, TIA Creekmore's Place C. Laurie Moser, TIA Reflections of the Heart d. Lauris Moser, TIA Secret Garden e. Country Butcher, Inc. f. Michele Shean, TIA Virginia Garden 7. Ordinances to APPROPRIATE and or TRANSFER: a. APPROPRIATE $175, 000 in earned revenue to the Virginia Aquarium Special Revenue Fund refunding expenditures b. APPROPRIATE $6,812 from the Chesapeake Bay Preservation Ordinance violation charges to the FY2005-2006 Department of Agriculture's operating budget for wetlands and coastal sand dune restoration and enhancement projects TRANSFER $140, 000 from the General Fund Reserve for Contingencies to the FY2005-2006 operating budget of the Convention and Visitors Bureau plus $269, 000 within the FY 2005-2006 operating budget of the Convention and Visitors Bureau re increased utility costs at the Virginia Beach Convention Center. 8. Ordinance to APPOINT the Directors of Parks and Recreation, Planning and Public Works as Viewers for one-year terms beginning July 1, 2006, re closures of City streets and alleys. K. RESOL UTIONS 1. Resolution DIRECTING the Planning Commission to propose amendments to the Comprehensive Plan removing recommendations re the establishment of a Redevelopment and Housing Authority within 90 days after the date of adopting this Resolution (requested by Council Lady McClanan and Council Member Dyer). 2. Resolution AUTHORIZING and DIRECTING the City Manager to implement the Historic Kempsville Area Master Plan 3. Resolution to APPOINT Kamala H. Lannetti as Deputy City Attorney effective July 1, 2006 and Marjorie A. Smith as Associate City Attorney effective June 16, 2006 Mayor Oberndorf, Council Ladies McClanan and Wilson shall vote a VERBAL NAY on Item J. 2c (towing charges) Council Lady McClanan shall ABSTAIN on Item K.2 (Kempsville Master Plan) as she and her husband are major property owners in this area. Council Lady McClanan has not participated in any discussions relative this matter. June 27, 2006 -11 - AGENDA REVIEW SESION ITEM # 55344 6. Application of RADHAKRISHNA RENUKUNTA and KAVITHI VURIMINDI, A/K/A KAVITHI VURMINDI for a Change of Zoning District Classi zcation from AG -I Agricultural District to Conditional R-10 Residential District at the eastern terminus of Chestnut Oak Way to subdivide the property into five (5) single-family dwellings. DISTRICT 7 — PRINCESS ANNE Mayor Oberndorf referenced memorandum from Ray Firenze, Community Planning Liaison Officer — Naval Air Station OCEANA, advised he will attend the City Council Session, but does not intend to speak.. Residential development in the 75-75 dB DNL is incompatible with the DOD, DON, USAF and FAA AICUZ program and would be considered an encroachment upon Oceana NAS. The City Attorney advised an ordinance associated with this application requires the City Council to determine there is no reasonable use designated as compatible can be made of the property. The proposed density is the lowest density reasonable under the facts and circumstances of the application. This item will be discussed during the Formal Session. ITEM # 55345 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: M. PLANNING Application of BOBBYDANIELS, FAITH FOR DELIVERANCE OUTREACH CENTER for a Conditional Use Permit re a church at 649 Newtown Road. DISTRICT 2 — KEMPSVILLE 2. Application of LITTLE NECK SWIM AND RACQUET CLUB for a Conditional Use Permit re a recreational facility of an outdoor nature (addition of 2 tennis courts and parking) at 864 Little Neck Road. DISTRICT 5 — LYNNHAVEN 3. Application of KARENA. SPA ULDINGfor a Conditional Use Permit re a home occupation (day care) at 2060 Antelope Place. DISTRICT 7 — PRINCESS ANNE 4. Application of NELIN BROTHERSfor a Change of Zoning District Classification from R-10 and R-20 Residential Districts to Conditional 0-1 Office District at 2122 General Booth Boulevard for an office building. DISTRICT 7 — PRINCESS ANNE 5. Application of BEA CH DEVELOPMENT GROUP, L.L.C. for a Chanize o Zoning District Classification from R -5D Residential Duplex District to Conditional B-2 Community Business District on the north side of Euclid Road, east of Onondaga Road for an office building. DISTRICT 2 — KEMPSVILLE June 27, 2006 -12 - ITEM # 55346 Mayor Meyer E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-371 ](A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: 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: Council Appointments: Boards, Commissions, Committees, Authorities and Agencies Council Appointee Evaluations PUBLIC CONTRACT. Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms and scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A) (30) TPC PUBLICLY -HELD PROPERTY.• Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly -held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of Property - Virginia Dominion Power ROW SE Parkway ROW Rose Hall District Princess Anne District LEGAL MATTERS: Consultation with legal counsel or 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). Upon motion by Councilman Wood, seconded by Vice Mayor Jones, City Council voted to proceed into CLOSED SESSION (4:15 P.M.). June 27, 2006 -13 - ITEM # 55346 (Continued) Voting: 10-0 Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel [Family Vacation] Break: 4:19 P.M. — 4:30 P.M (Closed Session: 4:30 P.M. - 5:45 P.M.) (Evaluation of Appointees: 5:20 P.M. — 5:45 P.M) (Dinner: 5 455 P.M. —6:00 P.M. June 27, 2006 -14 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL June 27, 2006 6:00 P.M. Mayor Meyer E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 27, 2006, at 6:00 P.M. Council Members Present: 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, Rosemary Wilson and James L. Wood Council Members Absent: Harry E. Diezel [Family Vacation] INVOCATION: Reverend Mark Pullen Bayside 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 accounting firm 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 and file 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 apart 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 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 and file 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 apart of the record. June 27, 2006 -15 - Item V -E. CERTIFICATION OF CLOSED SESSION ITEM # 55347 Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, 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.- Robert ye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel *Verbal Aye June 27, 2006 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 # 55346, Page 12, and in accordance with the provisions of The Virginia Freedom of Information Act and, WHEREAS Section 2.2-3712 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. uth Hodges Smith, MMC City Clerk June 27, 2006 Item V -F.1. MINUTES -16 - ITEM #55348 Upon motion by Councilman Schmidt, seconded by Councilman Dyer, City Council APPROVED Minutes of the INFORMAL and FORMAL SESSIONS) of June 13, 2006. Voting: 10-0 Council Members Voting Aye.- Robert ye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel June 27, 2006 -17 - Item V -G. ADOPT AGENDA FOR FORMAL SESSION ITEM #55349 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED: Resolution re "Midtown" at City View apartment project Resolution affirming City's Plan for compliance with BRAC's decision re NAS Oceana. Ordinance re Compensation for City Council Appointees: City Manager City Assessor City Attorney City Clerk June 27, 2006 Item V -H.1 PUBLIC HEARING • ITEM #55350 Mayor Oberndorf DECLARED A PUBLIC HEARING: LEASE OF CITY -OWNED PROPERTY Commonwealth Support Systems There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING June 27, 2006 Item V -H.2. PUBLIC HEARING -19 - ITEM #55351 Mayor Oberndorf DECLARED A PUBLIC HEARING: LEASE AGREEMENTS OF CITY OWNED PROPERTY a. Chapman's Flowers, Inc. b. Elsie Creekmore, T/A Creekmore's Place C. Laurie Moser, T/A Reflections of the Heart d. Laurie Moser, T/A Secret Garden e. Country Butcher, Inc. f. Michele Shean, T/A Virginia Garden There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING June 27, 2006 Item V -H.3. ADD-ON -20 - ITEM #55352 Upon motion by Councilman Wood, seconded by Vice Mayor Jones, City Council ADDED to the Consent Agenda as Item K 4. Resolution re "Midtown" at City View apartment project Voting: 10-0 Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel June 27, 2006 Item V -H.3. ADD-ON -21 - ITEM #55353 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADDED to the Consent Agenda as Item K 5. Resolution affirming City's Plan for compliance with BPAC's decision re NAS Oceana. Voting: 10-0 Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel June 27, 2006 Item V-H.3.a/b/c/d -22 - ITEM #55354 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADDED to the Consent Agenda as Item K 6. Ordinance re Compensation for City Council Appointees: City Manager City Assessor City Attorney City Clerk Voting: 10-0 Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel June 27, 2006 -23 - Item V.J./K RESOLUTIONS/ORDINANCES ITEM #55355 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Ordinances 1. c -f, 2a -d, 3, 4a. and Resolutions], 2, 3 and ADD-ON 4, 5 and 6 of the CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel Mayor Oberndorf and Council Ladies McClanan and Wilson voted a VERBAL NAY on Item J.2c (Towing Charges) Council Lady McClanan ABSTAINED on Item K2. (Kempsville Master Plan) Council Lady McClanan voted a VERBAL NAY on K 4 (City View) and K 6 (Compensation for City Council Appointees). June 27, 2006 -24 - Item V.J11a ORDINANCES ITEM #55356 The following registered to speak: J.A. G. "Buddy " Parrish, 1025 Collection Creek Way, Phone: 481-7270, President of the Virginia Beech Electoral Board, offered his observations based on eighteen (I8) years as Chair. Decreasing the apathy percentage cannot be accomplished by changing election procedures, but may be accomplished only by improvement of the public's perception of their voting responsibility. The longer the ballot, the more "drop off 'in votes. The total estimated addition cost to move the election from May to November would be approximately $85,000 William P. Bailey, 7841 Rosecroft Street, Phone: 495-0637, spoke in SUPPORT. The voter turnout has been dismal. A Virginian -Pilot on-line poll depicted 73% of the voters desire moving the elections to November Judith K. Connors, 3958 Whispering Oaks Place, Phone: 464-3640, over 30 year resident, represented Citizens for Accountable Government, and registered in OPPOSITION. This organization helped defeat the Ward System in 1996. Virginia Beach is unique because of the non-partisan elections Marjorie Smallie, 3912 Richardson Road, Phone: 464-4818, registered in OPPOSITION. Eliminating the local elections will ultimately lead to a 'push "for a Ward system Brent McKenzie, 1400 Brookwood Place, Phone: 478-3439, proud Democrat, but hardly a Partisan. Moving elections to November does not save the City from special interest groups. The days when a regular citizen could be elected to serve will be gone. Exorbitant funds will be necessary to compete in the election. In November 2004, Richmond candidates expended over $400, 000 without any competition. Upon motion by Councilman Wood, seconded by Councilman Maddox, City Council ADOPTED, AS AMENDED*: Ordinance to AMEND the City Code: Article IT ADD § 2-15 re Mayoral, City Council and School Board elections on the first Tuesday in November * Lines: 48, 49, 50 (references to year shall be deleted) (c) Councilmembers, the Mayor, and School Board Members whose terms expire as of June 30, 2885 shall continue in office until their successors have been elected at the November 2805 election and take office on January 1, 2889-" June 27, 2006 -25 - Item T! J11a ORDINANCES ITEM #55356 (Continued) Voting: 7-3 (By Consent) Council Members Voting Aye.- Robert ye: Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A. Villanueva and James L. Wood Council Members Voting Nay.- Reba ay: Reba S. McClanan, Peter W. Schmidt and Rosemary Wilson Council Members Absent: Harry E. Diezel June 27, 2006 I AN ORDINANCE TO AMEND ARTICLE II OF 2 THE CITY CODE BY ADDING SECTION 2-15 3 TO PROVIDE FOR MAYORAL, CITY 4 COUNCIL, AND SCHOOL BOARD ELECTIONS 5 TO TAKE PLACE ON THE FIRST TUESDAY 6 IN NOVEMBER 7 8 SECTION ADDED: § 2-15 9 WHEREAS, the continued success of a democratic government 10 depends upon the participation of its citizens in the democratic 11 process; and 12 WHEREAS, government functions best when there is a high degree 13 of participation by citizens in electing government leaders; and 14 WHEREAS, more than twice as many Virginia Beach residents vote 15 in November elections than in May elections (to wit: there were 16 97,644 voters in the November 2005 election, but only 44,985 votes 17 in the May 2006 election; 177,234 voters in November 2003, but only 18 41,572 voters in May 2004; and 93,480 voters in November 2001, but 19 only 47,333 voters in May 2002); 20 WHEREAS, financing the cost of one election is significantly 21 less than the cost of financing two separate elections; and 22 WHEREAS, Virginia law provides that the governing body of a 23 city may provide, by ordinance, that the City Council and School 24 Board shall be elected at the November general election for terms 25 to commence the following January 1; and 26 WHEREAS, it is the desire of the City Council to facilitate 27 the exercise by its citizens of their right to vote; 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 31 That Section 2-15 of the City Code is hereby added, to read as 32 follows: 33 Sec. 2-15 Mayoral, City Council and School Board Elections 34 (a) City Council and School Board elections shall take place 35 during the general election in November 2008, and during the 36 November general election in even years thereafter, for 37 councilmembers and school board members whose terms expire at the 38 end of December of that year. The term of office for each 39 councilmember and school board member shall commence on January 1 40 next following the date of the November election and shall continue 41 until his or her successor has been duly elected and qualified. 42 (b) The mayor shall be elected at the general election in 43 November 2008, and each fourth year thereafter. The mayor's term 44 of office shall commence on January 1 next following the date of 45 the November election and shall continue until his or her successor 46 has been duly elected and qualified. 47 (c) Councilmembers, the mayor, and school board members whose 48 terms expire as of June 30 shall continue in office until their 49 successors have been elected at the November election and take 50 office on January 1. 51 (d) Except for the changes to the date of elections and 52 corresponding changes in the terms of office established in this 53 section, all other provisions of the City Charter relating to the 54 election of councilmembers, the mayor, and school board members 55 shall remain in effect. 56 Adopted by the Council of the City of Virginia Beach, 57 Virginia, on the 27th day of June, 2006. Approved As To Legal Sufficiency: City Attorney's Office CA9774 H:\PA\GG\OrdRes\Council Election ORD R-6 June 27, 2006 -26 - Item V.J11b. ORDINANCES ITEM #55357 The following registered in SUPPORT. - Winder H. Bill, CPA, 203 85`" Street, Phone: 422-1140, represented Norfolk Black and White Cabs and Norview Cabs, Inc. This would not add any additional competition. The Code currently recognizes public agency contracts. This amendment will allow those taxicabs to file the contracts with the Police instead of carrying paper copies, but only if their taxicabs are capable of displaying "P.A. C. " (public agency contract) on the digital printout that the taxicab receives from its dispatcher. The following resisted in OPPOSITON. Richard L. Yount, 3407 Norfeld Court, Phone: 368-0505, represented Atlantic Coast Cab Company. Mr. Yount suggested the Norfolk cab public agencies be investigated. If the Norfolk cab does not already have a fare when it comes into Virginia Beach city limits, and is here without good cause, the cabs should be forced out Regina Williams, 4956 Great Lakes Drive, Phone: 319-1424 Alister Campbell, 1305 Millington Court, Phone: 328-3652, owner of Al's Taxi, advised the electronic device is just a "trick" to take customers from Virginia Beach taxi cabs Tara Marsh, 417 Chinaberry Court, Phone: 460-0605. Without a customer in their cab, Norfolk cabs should not come into Virginia Beach Buddy Paul Baynum, 775 Spence Circle, Phone: 675-3100, advised the majority of Virginia Beach cab companies use only a paging system and have no way of printing this information. Danny Wieland, 425 Burr Oak Court, Phone: 340-3442, advised the operation is a `private" company, not `public ". Norfolk cabs are `picking up in "Virginia Beach " and "dropping off" in Virginia Beach Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinance to AMEND the City Code: AMEND §36-96 re taxicabs operated pursuant to 'public agency" contracts (PAC) June 27, 2006 -27 - Item V.J11b. ORDINANCES ITEM #55357 (Continued) Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Mayor Meyera E. Oberndorf Council Members Absent: Harry E. Diezel Mayor Oberndorf ABSTAINED as she wished the " playing field " more level for both Norfolk and Virginia Beach cab drivers June 27, 2006 1 AN ORDINANCE TO AMEND SECTION 36-96 OF THE 2 CITY CODE PERTAINING TO TAXICABS OPERATED 3 PURSUANT TO PUBLIC AGENCY CONTRACTS 4 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 36-96 of the City Code is hereby amended and 8 reordained to read as follows: 9 Sec. 36-96. Required; reciprocity. 10 It shall be unlawful for any person to operate or cause to be 11 operated, within the eCity, any taxicab, unless a certificate 12 therefor has been issued to the owner thereof in accordance with 13 the provisions of this division or unless the taxicab is being 14 operated pursuant to a contract with a public agency, a copy of 15 which ffrust shall be kept in the taxicab at all times. 16 Alternatively, a public agency contract may be filed with the 17 Police Department, and when the taxicab is in operation pursuant to 18 the provisions of such contract, the taxicab's digital readout 19 shall display the letters "P.A.C" throughout the trip. Nothing 20 contained herein shall prohibit a taxicab duly licensed in another 21 city or county from delivering a passenger to some location in this 22 city, provided the passenger was picked up outside the limits of 23 this city and the taximeter is in operation while any such taxicab 24 is in operation in this city. 1 25 Adopted by the City Council of the City of Virginia Beach, 26 Virginia, on this 27th day of June, 2006. OWN Item V JI. c f ORDINANCES ITEM #55358 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinances to AMEND and REPEAL the City Code: C. AMEND §1-12.1 re assessment of additional court costs for construction, maintenance or renovation of the Courthouse and facilities d. AMEND Chapter 7, §§7-2 through 7-5, 7-6.1 through 7-11, 7-21, 7-22, 7-24, 7-25, 7-29 through 7-32, 7-46, 7-49, 7-50, 7-58, 7-59 through 7- 64; and, REPEAL §§7-6, 7-46 through 7-48, 7-51 through 7-57 re bicycles and other wheeled devices to conform with revisions to the State Code e. REPEAL §5-5 re control of dangerous or vicious dogs; and, AMEND §5-9 re nuisance animals f. REPEAL §6-116.1 re surfing Voting: 10-0 (By Consent) Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: Harry E. Diezel June 27, 2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE TO AMEND SECTION 1-12.1 OF THE CITY CODE PERTAINING TO THE ASSESSMENT OF ADDITIONAL COURT COSTS FOR CONSTRUCTION, MAINTENANCE OR RENOVATION OF THE VIRGINIA BEACH COURTHOUSE AND FACILITIES WHEREAS, the State Code requires that the combined fee imposed in civil actions in the Virginia Beach court system in support of the local law library and courthouse maintenance cannot exceed $4.00; WHEREAS, to impose a law -library fee of $4.00, the $1.00 fee imposed for courthouse maintenance must be eliminated in civil cases. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That section 1-12.1 of the City Code is hereby amended and reordained to read as follows: Sec.1-12.1. Assessment of court costs for construction, maintenance or renovation of courthouse and facilities. (a) As an addition to other fees prescribed by law, the clerks of the circuit court, general district court and the juvenile and domestic relations district court shall charge and collect, as a part of the fees taxed as costs, a fee of two dollars ($2.00) in each criminal and traffic case, anel a— fee —ef ene della-r- ($1.99) i e lar($1.99)—i n—eaeh eivil aet i -en . (b) Each such clerk shall remit such fees to the treasurer of the City of Virginia Beach. (c) The treasurer shall hold such fees subject to disbursements authorized by city council for the construction, 30 renovation or maintenance of courthouse or jail facilities and 31 court -related facilities and to defray increases in the cost of 32 heating, cooling, electricity and ordinary maintenance. 33 2. That estimated revenue and appropriations in the FY 2005- 34 06 operating budget are hereby reduced by $70,000. 35 Adopted by the Council of the City of Virginia Beach, Virginia 36 on the 27`h day of June, 2006. 1 AN ORDINANCE TO AMEND CHAPTER 7 OF THE CITY 2 CODE PERTAINING TO BICYCLES AND OTHER WHEELED 3 DEVICES 4 SECTIONS AMENDED: §§ 7-1 thr. 7-5, 7-6.1 thr. 7-11, 7-21, 5 7-22, 7-24, 7-25, 7-29 thr. 7-32, 7-46, 7-49, 7-50, 7-58, 6 7-59 thr. 7-64 7 8 SECTIONS REPEALED: §§ 7-6, 7-46 thr. 7-48, 7-51 thr. 7-57 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That Chapter 7 is hereby amended and reordained, to read as 12 follows: 13 Chapter 7 BICYCLES AND OTHER WHEELED DEVICES 14 ARTICLE I. IN GENERAL 15 Sec. 7-1. Definitions. 16 For the purposes of this c -Chapter, the terms "all -terrain 17 vehicle," "bicycle," "electric personal assistive mobility device," 18 "electric power -assisted bicycle," "golf cart," "highway," "low 19 speed vehicle," %Nmoped," "motor -driven cycle," "motorized scooter," 20 "motorized skateboard," "vehicle," "wheelchair," and "wheel chair 21 convevance" are defined as set forth in Code of Virginia §§ 46.2- 22 100 and 46.2-1993, as amended. Additionally, the following words 23 shall have the meanings ascribed to them in this section, un.i.ess 24 clearly indicated to the contrary: 25 A41 t ez-,-a4mn v eh=e l e.2A--h e e—wl4 e e l e d era f e ci,--w� n 3` 2 6r�_ e l e- p e v a e, - e d 19Y a gas ern e --e 3 —die eta—moi_ Re-- 27i e w pz=ssk- e el t4 ,es ; a seat 28s .gid t 1}e c-4 iq _ t 9 r 4--' --b s e_La e= 29 30 31 32 33 34 35 36 37 38 a- 39 t-4 40 41 e 42 43 44 45 46 47 48 49 50 51 52 2 Im -�-}er-r 53 peg ae,- - a s sus to E4 ]g } eye4:e s l:4 all be a �e�4:le wl:4e i4 epeEat ed an 54 55 9!ee ,-_ - l-4eeleEi dea ee ! ARy wl4eeleel Eievlee 56 an e4:ee;6,4:e Faete,e�batcery,wiiieI4 4ms eapalgle-eE lqe4mng sems€ 5 7 p,e F e l l ed e,-rE4e s4: gi4 ek fer self -p Eepcils4meizi and p,-eeliriees 58 a F<<aiiimmaizt of t-�4:,-:t 30) Ri4:4:es pe,- lzieuiF e'er --per eses eJE--t4e 59 ei4aptei�, an e4meet-,-4: e,-eEi wl4eeleel elevrmee sallRE)t 4:i4e-1{i e , fr 60 ea,-ts, lew-speeel vel�i4m-eles, er wheelelzia4 61 4efn this e, p t e r, bi:it -shall 4:Fie l a ele-wh e e-rEe-Qev�: ees =sill e h as 62 ..n �� , . �e teE t 4:eeti=4me-pe e e Ei M}aa ems= ^ V ��Ze � s , e�� sears-e-e�e3� s , e w ,- L L - , 63 e4eet-,-±'e-pewe,-eE4 qe-pe4s and Eiev-4ees . Fe,- purpeses of t 64 ehapte - , an e4:eet-,4:e-pe were E4 wl4 eel eEi aie v } e e shall Ige a veh4:e4:e 65 q-4sz -aperazeEen-a h4:h6aayaiiei sabjeet to the same laws and 66 -est,- 4:et-1 e n s as el:eet,-ame jq9wera s s 4: s t e Ei b 4 -eye l es. 67 Gas-pewe,-eE' ,,'4ee, eE' eev4ee2 Any wizieeled elevieepeeae,-eE4 ]By -ga-, 68 e,- any s3�44a,- type Euel, 6alci4me�i }s eapalgle-e�g be4mi�g se4:fz-pre e, , 69 e- eles4:gned f e r—s e l f -p-,-ells i e n, a n d p,-e"e e s speeds up—t e a 70 e E (Z�O) FR�Ie s pe,- I:I e U r. F' e,- a pe s e s e�g ti4= s 71 el4apteV, a Ejaspewe,-eE4 wheeleEi Eiev4mee shall raelude elev4mees sahas 72 , 73 Fft F1 _ l4 eppe,-s , g-a-s-pewe eei g e -ped sa n Ei s 4! Eft a e v} e e s z 74 pa-,pes e s-ef :61�4s elziapteE, a }as e, - eel wl:4 ee l ed eie vie e siziall Ige-a 75 veh4m e l e wl-ize-e p e,ateel- en a 4'ghway ai4el-s w ee tte--14-� e 76 a 14 E g.#-r r-.#-; i+iees 77 Gez E earl i A s elE-p,- egelle d v e hie l e--th a t --4s d es4mgn e die 78 ti a n s p e,-:6 pers e n s p l awn g 9844 a n d tie},--eEflaipMefit e n aEJ84 79 eea,- se. 80 i:xglzi ache—entire-k4dth between ther-y 4 roes of L=y 81 w -ay eE plaee-ef wl4ateveeaw e epen to the-tise of tl=fepidbl4me f 82 ptirpeses efveh}eulaEtEa-ve! 4:n tiis e;}y, ze,,,d-i-ng the stEee , 83 alleys anEi pub3-4:el * , ed V' lets thee4!tyr- 84 ae6d speed vehmele• An eaE-wheeled eleetE ally-pewer 85 0eh=ele, e�Eeept a mete,- veh4:ele eelew speed vel::iele haus used 86 e�E e l n spa e l y fz e,- a gel et to E a l e r p u' -P e s es er—agel€ 87 cart, cchooe speed is gEeate,- than twent per - 88 h 88 e aE,b a t net gzea t eEthan twenty - l v e --(2z5) PFt lames- pe,- he'd anei i--& 89 manufaetaEed to eemply k4th safety staiielar-ds ee^tarmed 4onT-itle 44 90 erti4e G�E,an,a F l �'SWC 599 - 91 H epe d- A -e e nv e ya n eethat is ei t h e,- (l)—awe le—1 } e ale =ee 92 dart h -Fe da l fir -and a helper- -FRe t er—w14e his r a t e E' at ee F tee than t w e 93 (2)bra k e h ers epe w era n d w h}e hie d -u ees-spe e es -i p} 94 +- r 39) m4mles- pe -,her eL= (44) a e Fle—i4t4:i ante 95 Ei spl-a6ei:aent ef- fifty (b g) -ems' n}; e t e V steless and a FRaHiffilaRi 96 spee�'-r- -e-E less tlran th4Ety(39) FR}les per . 97 Resort area: The area, from and including, the sidewalk on the 98 west side of Pacific Avenue to the Atlantic Ocean between R.udee 99 Inlet and 42nd Street. 100 Resort season: The time period from May lst through September 4 101 30th. 102 Riding: This term is used interchangeably throughout this 103 Chapter with the term "operation". device, 104 Surrey: A four -wheeled pedal -powered vehicle capable of 105 seating two (2) or more persons. 106 VeI44!eleE;ve=yde�-4!ee-4!izi, upen e 107 108 109 ; l trae]Es . 110 111 witizi wlzieem6s, 112 -ear n- of p1ziys4:ea! E4saJqrr:i}y, 113 114 feeledde�ees se leng as 4:t E ' ,;e`' NN y � Al l -, ...1 115 �� 6 7 7 , a—s elFrpre pelrrc� F dh��Cirrrchircr3:�Ar—S eif '� i l l 116 w1=ie-ha}E eenveyanee—shall net be Bens-4mdereei a ve144mel 117 Sec. 7-2. Violations of eChapter generally. 118 Except as otherwise specifically provided, any person who 119 shall violate any provision of this c -Chapter shall be guilty of a 120 Glass —4-miscleRteane,-. traffic infraction punishable by a fine of not 121 more than two hundred dollars ($200.00). 122 Sec. 7-3. Inspections. 123 A police officer at any time, upon reasonable cause to believe 124 that a bicycle, electric personal assistive mobility device, E 125 electric power -assisted bicycle, le8 ,-;^-^^ d wl4eeleddee4mee, 126 pe ,'^e' wl:ieel ^'' E4ev4!^^ motorized skateboard, motorized scooter, 127 golf cart, low -speed vehicle, surrey or moped is unsafe and not 128 equipped as required by this chapter or that the equipment is not 129 in proper adjustment or repair, may require the person riding such 130 wheeled device or vehicle to stop and submit the wheeled device or 131 vehicle to an inspection and such test with reference thereto as 132 may be appropriate. 133 ARTICLE II. POSSESSION, SALE, RENTAL AND REGISTRATION OF 134 WHEELED DEVICES 135 136 Sec. 7-4. Violations of eArticle. 137 Unless otherwise specifically provided, a violation of any 138 provision of this Article II shall constitute a Class 3 139 misdemeanor. 140 Sec. 7-5. Removing, altering, etc. identification numbers. 141 It shall be unlawful for any person to remove, change, alter 142 or mutilate the frame number of any bicycle, electric personal 143 assistive mobility device, electric power -assisted bicycle, 144 eleet,-±'e-pawered wheeled dev4wee, C,s pewereel wlzieel ^'' ''^T" ^ motor - 145 driven cycle, motorized skateboard, motorized scooter, golf cart, 146 low -speed vehicle, surrey or moped. 147 Sec. 7-6. Dealer not to sell bicycle, electric personal assistive 148 mobility device, electric power -assisted bicycle, 149 150 151 eleetrie-powered wheeled—tee tee; motor -driven cycle, motorized scooter, golf cart, y gas -powered wheeleQ motorized skateboard, low -speed vehicle, surrey 152 or moped without an identification number. 6 153 154 No person engaged in the business of selling bicycles, 155 electric personal assistive mobility devices, electric power - 156 assisted bicycles, eeetr-:�e pewe,-ed wheeled d -e -epee, 157 wIziee ee elev ee motor -driven cycle, motorized skateboard, motorized 158 scooter golf carts, low -speed vehicles, surreys or mopeds at retail 159 shall sell any such wheeled device or vehicle unless the wheeled 160 172 device or vehicle has an identifying number permanently stamped or 161 cast on its frame. 162 Sec. 7-6.1. Stickers required on mopeds and gas-pewered wheele 163 elevieea motorized skateboards and motorized 164 scooters 165 166 Any deale,- lobe sells at r-eta44 ,^E' any. person who offers for 167 rent or lease any moped - ^ ' wl:ieel eE ''^"' ee, motorized 168 skateboard or motorized scooter shall affix to any such moped e -r- 169 gas--peWe,-eel wl4eeleEi Eiev ee , motorized skateboard or motorized 170 scooter, or verify that there is affixed, a permanent decal or 171 sticker which states-l.- tates= 172 ( 1) T -that the operation of mopeds e,- g-as-pewe�-_ed ieeleel 173 de�d:ee_&, motorized skateboards or motorized scooters on highways 174 and public vehicular areas by persons under the age of sixteen (16) 175 for mopeds, or under the age of fourteen (14) (unless under the 176 immediate supervision of a person who is at least eighteen (18) 177 nears old) for motorized skateboards or motorized scooters, is 178 prohibited by Virginia law_— 179 (2)--14e Fttaii±FRc�-hersepewe,- ef the R�eped e,- gas-pewe,- 180 wheel e E' Ei ey , , anel 181 182 wheeleEi Eie,.iee FRayIge-4:dden- 18 3 iny-de a l e rr wh e sells aFiEi any pe, -sen whe e f f er-BEe i� � e nt 184 lease any sueh Fteped e - ^,a ,reel ^`' ''" h, eh ''" 185 ha�,;e aff4miieel tee=eto siielzi a19e,ttanentdeeal e,stleke,- e,- ,,h^ sells 186 a Fttetereyele 6a4mth sided a stieke,- e, decal-tettazred—ti�erete, 18 9 ( 3 0) is toe sperm shall Ige gti j: l t y ez aeras s-r;;At_Jsd ^^ e anew 190 Sec. 7-7. Record to be kept by dealers in secondhand bicycles, 191 electric personal assistive mobility devices, electric 192 power -assisted bicycles, eleetEie-peweed 193 deviees, gas-pewered wheeled deviees-motor-driven 194 cycles, motorized skateboards, motorized scooters, golf 195 carts, low -speed vehicles, surreys or mopeds. 196 197 Every person engaged in the business of buying, selling, 198 exchanging or trading in used or secondhand bicycles, electric 199 personal assistive mobility devices, electric power -assisted 200 bicycles, elee4�Tde-pewe,-ee6aheeled dem}ees, 201 degree& motor -driven cycles, motorized skateboards, motorized 202 scooters, golf carts, low -speed vehicles, surreys or mopeds shall 203 keep a record of all such transactions, including the make and 204 frame number, and the name and address of the person from whom 205 purchased or acquired or to whom sold and delivered, as the case 8 206 may be, or each such wheeled device or vehicle purchased, sold or 207 exchanged. Such records shall be open for police inspection. 208 Sec. 7-8. Dealers not to purchase secondhand bicycles, electric 209 personal assistive mobility devices, electric power - 210 assisted bicycles, eleetLsie-powered wheeled dev ees, 211 gas-pe;:zEed—wheeled dev ees, motor -driven cycles, 212 motorized skateboards, motorized scooters golf carts, 213 low -speed vehicles, surreys or mopeds from minors. 214 215 It shall be unlawful for any person engaged in the business of 216 buying, selling, exchanging or trading in used or secondhand 217 bicycles, electric personal assistive mobility devices, electric 218 power -assisted bicycles, e4!eet,-e eweEed sal:ieeleeEie�iee , g s- 219 pewereel wl=ieelee dct 4:ees motor -driven cycles, motorized skateboards 220 motorized scooters, golf carts, low -speed vehicles, surreys or 221 mopeds, to purchase any such secondhand wheeled device or vehicle 222 from a person under eighteen (18) years of age. 223 Sec. 7-9. Rental agencies to comply with equipment requirements; 224 advertising prohibitions. 225 226 No rental agency or other establishment shall rent or offer 227 for rent any bicycle, electric personal assistive mobility device, 228 electric power -assisted bicycle, e!eet,-4:e-pewe,-ee1 dahee4-ed dee ee, 229 gas-pewe,-ed wee -led eleviee motorized skateboard, motorized 230 scooter, golf cart, low -speed vehicle, surrey or moped, unless such 231 wheeled device or vehicle is equipped with all safety equipment 232 required by this -&Chapter. No such agency or establishment shall 233 rent or offer to rent any such wheeled device or vehicle which P7 234 displays any signage or other advertising matter for use on the 235 boardwalk or bicycle path east of Atlantic Avenue except for one 236 (1) sign not exceeding one (1) square foot in area and displaying 237 only the name and location of the rental agency or establishment. 238 Sec. 7-10. Signs required at rental agencies. 239 (a) Mopeds org-as-pewe-,ee-wheeled Eieviees. Each owner of a 240 business intending to rent or lease mopeds er 241 devreee to the public shall post a clearly legible sign in a 242 prominent place on his premises where such sign will be seen and 243 read by a reasonably observant customer. Such sign shall contain 244 the following information: 245 (1) Operators must be sixteen (16) years or older. 246 (2) Valid identification is required of all customers. 247 (3) Customers must be familiar with and obey traffic laws. 248 Violations will be prosecuted by police. 249 (4) Riding is prohibited on the Boardwalk and the adjacent 250 grassy area and bicycle path, oceanfront parks and plazas, the 251 beach, all city sidewalks; 252 (5) Riding is prohibited on Atlantic Avenue from May 1st 253 through September 30th. 254 (b) Low -speed vehicles. Each owner of a business intending to 255 rent or lease low -speed vehicles to the public shall post a clearly 256 legible sign in a prominent place on his premises where such sign 257 will be seen and read by a reasonably observant customer. Such sign 10 258 shall contain the following information: 259 (1) Operators must be sixteen (16) years or older to operate. 260 (2) Valid driver's license is required of all customers. 261 (3) Customers must be familiar with and obey traffic laws. 262 Violations will be prosecuted by police. 263 (4) Operation is prohibited on the boardwalk and the adjacent 264 grassy area and bicycle path, oceanfront parks and plazas, the 265 beach, and all sidewalks. 266 (c) Electric personal assistive mobility devices, electric 267 power -assisted bicycles, a:R4 e4 c—t,-4e jaEwe,-ed—vc44teled 268 motorized skateboards and motorized scooters. Each owner of a 269 business intending to rent or lease electric personal assistive 270 mobility devices, electric power -assisted bicycles and cle�c 271 motorized skateboards and motorized 272 scooters to the public shall post a clearly legible sign in a 273 prominent place on his premises where such sign will be seen and 274 read by a reasonably observant customer. Such sign shall contain 275 the following information: 276 (1) Operator must be fourteen (14) years or older unless 277 under the immediate supervision of a person who is at least 278 eighteen (18) years old. 279 (2) Valid identification is required of all customers. 280 (3) Customers must be familiar with and obey traffic laws. 281 Violations will be prosecuted by police. 11 282 (4) Riding is prohibited on the boardwalk and adjacent grassy 283 area and bicycle path, oceanfront parks and plazas, the beach and 284 all sidewalks in the resort area. 285 (5) Riding is prohibited on Atlantic Avenue from May lst 286 through September 30th. 287 Sec. 7-11. Restrictions on renting mopeds, gas -powered wheeled 288 de:iees, low -speed vehicles, electric personal 289 assistive mobility devices, electric power -assisted 290 bicycles er eleetEie-paweNed wheeled dev ee 291 motorized skateboards or motorized scooters. 292 293 It shall be unlawful for an owner, manager, operator or 294 employee of a business engaged in the rental of mopeds, 295 heeled 6e�,;4:ees-, low -speed vehicles, electric personal assistive 296 mobility devices, electric power -assisted bicycles, eN elee}V;^ 297 _.ewe, eE wl-,ee, e'' ele-,,4ees. motorized skateboards or motorized scooters 298 to: 299 (1) Lease or rent a moped, gas pe _-ed wl-,eeleEi .aevie_ or low - 300 speed vehicle to any person under sixteen (16) years of age. 301 (2) Lease or rent, or offer to lease or rent, a moped eE gas - 302 pe _.Vey' w1: ee4e^' e'evT ee which produces speeds in excess of thirty - 303 five (3-95) miles per hour on a level surface. 304 (3) Lease or rent, or offer to lease or rent, a low -speed 305 vehicle which produces speeds in excess of twenty-five (25) miles 306 per hour on a level surface. 307 (4) Lease, rent, offer to lease or rent an electric personal 308 assistive mobility device, electric power -assisted bicycle, e -r- 12 309 e t V - ^e' wl, iee e de^� ee motorized skateboard or motorized 310 scooter to any person under fourteen (14) years old unless such 311 person is under the immediate supervision of a person who is at 312 least eighteen (18) years of age. 313 (5) Require or accept as security or surety any operator's 314 license, military identification card or other permit or pass 315 issued by any state or federal agency. 316 Secs. 7-12--7-20. Reserved. 317 Sec. 7-21. Authority to register. 318 Anyone may register a bicycle, electric personal assistive 319 mobility device, electric power -assisted bicycle, e-1eet,4:e-j9ewe,-e4 320 wheeled de�4ee, gas-pewe,-ed wlzieeled4ev4mee motor -driven cycle, 321 motorized skateboard, motorized scooter or moped in the eCity as 322 provided in this ,-Article. 323 Sec. 7-22. Application. 324 (a) The registration of bicycles, electric personal assistive 325 mobility devices, electric power -assisted bicycles, e,,�e- 326 pewe,ed wheeled dee4:ees, gas =wee, -ed wl4eeled de;:4ees, motor -driven 327 cycles, motorized skateboards, motorized scooters or mopeds shall 328 be upon written application therefore made to the treasurer of the 329 city, on forms provided for that purpose. 330 (b) All persons engaged in the business of selling bicycles, 331 electric personal assistive mobility devices, electric power - 332 assisted bicycles, e eet,- e-pewer-eel wl:reeled eeviees, 13 333 wY4e-leE ele-i ^^s, motor -driven cycles, motorized skateboards 334 motorized scooters or mopeds shall have application forms or 345 335 registration available to all persons buying such wheeled devices 336 or vehicles. 337 Sec. 7-23. Reserved. 338 Sec. 7-24. Fee. 339 The fee for registration of a bicycle, electric personal 340 assistive mobility device, electric power -assisted bicycle, 341 e4:eet,-4'!e-pewe,ed wheeled dev}Ee, Ejas pewe,-edwlzteel eE '^TT; ^ motor - 342 driven cycle, motorized skateboard, motorized scooter or moped 343 under this Article shall be one dollar ($1.00), which fee shall be 344 paid to the c -City Treasurer at the time of such registration. 345 Sec. 7-25. Issuance of card and decal. 346 (a) Upon proper application and the payment of the 347 registration fee provided for in this a•Article, the Treasurer of 348 the City shall issue to such applicant a bicycle, electric 349 personal assistive mobility device, electric power -assisted 350 bicycle, Pzeet,-�epewe,-ed wl4eeled 4ev4: ee, gae pewe,-ed wl4ee ^E' 351 aev4wee, motor -driven cycle, motorized skateboard, motorized scooter 352 or moped registration card and a decal, to be affixed to such 353 wheeled device or vehicle, bearing the registration number assigned 354 to the wheeled device or vehicle and the name of the c -City. 355 (b) Disabled applicants desiring to use an electric personal 356 assistive mobility device, power -assisted bicycle or an electric or 14 357 gas -powered seated scooter (excluding mopeds, mini choppers, motor - 358 driven cycles and pocket bikes or similar devices) in lieu of a 359 wheelchair or wheel chair conveyance as a mode of transportation, 360 shall so indicate on the application form and a special plate, tag 361 or adhesive decal for the disabled shall be issued upon proper 362 application and payment of the prescribed fee. 363 (c) No person shall be required to register or obtain any 364 plate, tag or decal or pay any registration fee for any self - 365 propelled wheelchair or self-propelled wheelchair conveyance 366 provided it is: 367 (1) Operated by a person who is capable of operating it 368 properly and safely but who, by reason of physical disability, is 369 otherwise unable to move about as a pedestrian; and 370 (2) Not operated on any highway or street in the c -City except 371 to the extent necessary to cross the street or highway. 372 Secs. 7-26--7-28. Reserved. 373 Sec. 7-29. Replacement of mutilated, lost or stolen decal. 374 When any decal issued under this Article is badly mutilated, 375 lost, stolen or misplaced and cannot be found, upon presentation to 376 the t -Treasurer of the City of satisfactory evidence of such fact 377 and proof of ownership, together with payment of a fee of twenty - 378 five cents ($0.25), the t -Treasurer shall issue another decal and 379 shall change the registration of the bicycle, electric personal 380 assistive mobility device, electric power -assisted bicycle, 15 381 eleet,-ame—pewe�-ed wheeled --div Ee , gas-pewe,-ed wl4ee, e `'"�'; ^ motor - 382 driven cycle, motorized skateboard, motorized scooter or moped in 383 question accordingly. 384 Sec. 7-30. Records to be kept. 385 The t -Treasurer of the c -City shall maintain a complete record 386 of all bicycles, electric personal assistive mobility devices, 387 electric power -assisted bicycles, e-leet,-4:e=pewee eeled 4ev4:ees, 388 gas-pewer-e E4 wheeled eleviees motor -driven cycles, motorized 389 skateboards, motorized scooters or mopeds registered pursuant to 390 this a -Article, showing the name, address and phone number of such 391 wheeled device or vehicle, the number of the decal issued therefore 392 and a record of all fees collected by him under this &Article. 393 Sec. 7-31. Disposition of fees. 394 Fees collected under this aArticle shall be used for the 395 purpose of defraying the costs and expenses incident with the 396 registration of bicycles, electric personal assistive mobility 397 devices, electric power -assisted bicycles, el -e t, -4:e pewe,eel wl:4eel ed 398 de:,,4ees, Ejas-peweiced ., ieel ed desr ces motor -driven cycles, motorized 399 skateboards, motorized scooters or mopeds and for carrying out the 400 provisions of this c -Chapter. 401 Sec. 7-32. Disposition of unclaimed bicycles, electric personal 402 assistive mobility devices, electric power -assisted 403 bicycles, eleetrie.ewere 1 wheeled devieesF gas - 404 peweEed wheeled deviees motor -driven cycles, motorized 405 skateboards, motorized scooters, golf carts or mopeds 406 in custody of police department. 16 407 408 The disposition of unclaimed bicycles, electric personal 409 assistive mobility devices, electric power -assisted 414 bicycles, 410 e leer= le-pewered wlzieel e d de-�,;}e e s, g a she w ewe d wl4 Bele el dev } e e 411 motor -driven cycles, motorized skateboards, motorized scooters, 412 golf carts, low -speed vehicles, surreys or mopeds in the custody of 413 the police department shall be in accordance with the provisions of 414 Article II of Chapter 27 of this Code. 415 Secs. 7-33--7-45. Reserved. 416 ARTICLE III. EQUIPMENT AND LOCAL OPERATING RULES 417 See . 7-4-6. Vielatieas e€ aAdet4:e_e . 418 Qirre-s s ^otl�ie,-P4: s ism„ e= f-= e ,, y p ,- e�4deei, a v el a s e f t 419 p,-ev±s4meR e f-A-r-t4mele—! I! shallle e s tit t t e a t r amffg4me4!Rf-Eaet4m e n ear 420 s l be p4s 14aJg! e b ya LEi-n e—e f net e e t h ai; e n e14unEi'-eei-dem laraa 422 See -7-47. Lights and reffleeters. 423 (a)—gveEy b e -le , e l . c t V — _ peE sen -a-1 a s sus tery e m e ]9 = , - } y 424 4ev4ee, ele^}N-,ss4mstedIgcyele, e!eet,-4:e-pe --eE ;44ee, e 425 dere , Ej as—ewe i-cE4 Fhie e l ed d e vie e and Rite p e Ei when 4:n u s e ]g e tw ee � 426 sunset an4 s unE4ms e -s acerb e eeju4mppeeiw-4-t h a h e a digh t 83f; t h e:_FL=eH:6- 427 wlT�s l4 a:4eFRi t o wl-ii e4=g hit _Jn e l e a E d e a t h e,- f4e i:R a 429 a red r^EI^^teE en tie—reaE eJE atylge a eved bye 17 430 431 432 4 433 434 ' 435 , 436 4 sides 437 438 47 439 ' 440 441 E }:-,a+i e e-eg-a t--4-ee s -t- 442 ' 443 444 445 446 447 IF ME 450 451 ' 452 453 18 454 4 5 5 ( l�9) E v e, -y e l e e tie-geEs e n a 1 a s s�st4:v eR� e ], ;,; t., izie , w 456 epeEated en a 141EIhway, 457 aet}gated er-engaged, w441 enable the ate,- tor- ng th^ elev; •, 459 Sec. 7-49. Safety equipment required, moped and ga 460 ---w^^'^a devi ^ operators and passengers. 461 462 (a) Every person operating a moped e - reel wheeled 463 Eie�iee_on a public street or highway of the city shall wear a face 464 shield, safety glasses or goggles approved by the superintendent of 465 state police, or shall have his moped or gas -powered wheeled device 466 equipped with safety glass or a windshield at all times while 467 operating such vehicle; and any operator and any passengers 468 thereon, if any, shall wear protective helmets of a type approved 469 by the superintendent of the state police. 470 (b) Any person who knowingly violates this -&Section shall be 471 guilty of a traffic infraction and shall be subject to a fine of 472 not more than fifty dollars ($50.00). 473 Sec. 7-50. Helmets required for riders of bicycles, electric 474 personal assistive mobility devices, electric power- 475 ower- 475 assisted bicycles and eleetrie-pewewea wheel ^'' 476 dea=ees, motorized skateboards and motorized scooters 477 fourteen years of age or younger. 478 479 (a) Every person fourteen (14) years or younger shall be 480 required to wear a protective helmet which meets the standards 19 481 promulgated by the Consumer Product Safety Commission Standards 482 whenever riding or being carried on a bicycle, electric personal 483 assistive mobility device, electric power -assisted bicycle e -r- 484 e4:eet,-J':e r ,-e wl4ee4eE ''^""" , motorized skateboard or motorized 485 scooter on any highway, street, sidewalk or bicycle path. 486 (b) A violation of any provision of this section shall be 487 punishable by fine of twenty-five dollars ($25.00). However, with 488 respect to any person riding or being carried on a bicycle, 489 electric personal assistive mobility device, electric -powered - 490 assisted bicycle e,- =i d wheeleE ` e - - , motorized 491 skateboard or motorized scooter, such fine shall be suspended (i) 492 for first-time violators or (ii) for any violator who, subsequent 493 to the violation but prior to imposition of the fine, purchases a 494 helmet of the type required by this section. 495 - - 498 9 o- 500 501 f a s tart h a n t h4Ety(z Q)Ft44e s p e E 1e ci E ez(44) 1 n `' 502 :he age eEs4:xteen (16) yea= - 503 504 ele;:4 e e s h a_ le arr-y-w a! ti4 h=m s e m e—fea=FR ez ;'^^ ;^,} i e — 505 505 3 n e l cites 144:s Ramey add, -e s s and gaze ez�Izi- t E 5 0 6 e�I �� h acerb e u nza ed��Tea n -p ems en t�e_ 20 507 a gas 508 509 510 511 512 513 e e l e E4 �eSo Ee, 514 515 w 4 e e I e 516 517 518 i ftY 48 i E8 ic5 nn 519 see. Peelal on 520 521 and elee-- 522 , 523 524 525 � �Y�_�� e� eel w 4: t i &P34- r e --g-el �['��dTC e '`J 526 527 528 529 2z5) z 14) 530 531 532 21 533 534 1 _a- __ , , 4 535 536 537 538 539 540 541 ' 542 d8l:Re4E:eE-, an 543 eneIle e 1:6' 544 545 �2l44 e! 546 547 548 Ret L9Le 549 550 551 552 553 554 555 556 22 581 (5) bTtlzi apassenge,- at any t-zFte, unless saes a4m, _tern; ^ 583 (1 ` 584 (b) Any Tem6az!eEs e l ing any all -e,,-a4:n-ve e les lziall aEf-4mii 585 6 li ere t e, e, -v er ',E y t l4 a t -t4 ewe- m s a-ffl�iecEtc h e E }^ a Eie eureT 5 8 6 64me k e , afire �Le E4 19y the sztpe,-} nten ele nt o f t lzt e state pel4mee, w144_ 587 eze a=zea n d e efftpe t o ly—states the-re�:�4:4 e tie e nt awn e der 589 (e) ;= elat=e 14 efa n y P, e�4: s l o n e E mt �4 s -s e et4men shall 590 19y a e�e41 peRalty egret Ftere th-„-, 94:�,Feh,,,-,.-]re de , 593 (1) Te any all-teEEa=e ee4}ele Jqe4mng eseelamn ^}; 4m pJ' 594 z rr,-r J __^t4mT,4:es; and 595 (2` m '^ r sef tlzie-l4 e u s elzi e!4 e,-ei:tpeye e s e ft h e ewnemE e 596 lessee ems, -o=at e-p,-epe,-tye n -wl:4 8131 the-alrcer r a4mR verhr4 eleTs 597^__,ted. �l ^ 598 See. 7 52. Reqaiatieas peEtaining to riding bieyeies , e ,., tri- . 599 peEsenal assistive mobility deviees, eieetwie pe - 600 assisted hieyeies eieet i?ed wheeled deviee 601 . 602 603 (a) Any pe, -sen egeEat4:ng a b4!eyele, eleet,-}e , 604 a s s i s��e Rte aim t y ��i e e, eleez,-4:e- fie w era s s4: s ted i 4eye l e, 605 e + - e,e d w 4 e e s ed�aiee , g a s- pe 5 a eked 6d� e e l ed Ei -11, ee -ems' 606 e ,;idpen,a w., at less t 4 a n m6 h e- -speed-elE--:,ate 4 e a� 24 557 1 +-lq �+ ^ 558 559 560 561 562 563 hiele 564 See :— 5-1-3. Speeial tervair 565 566 ' 567 568 569 570 575 r, `nom 576 577 type er ase 578 lay r -s 579 580 23 607 608 609 610 611 612 613 614 43) 41 615 r 616 r r ' 617 618 ' 619e€=fie 620 , 621 r 622 l9ass Safe '04mi lane. n mi FRUS;6 turn 8E 623 624 625 626 627 f e � 628 ' 629 25 631 632 633 Ip 634 ql-a4:ekl�L as ams 635 636 637 638 639' 640 tlqe 641 642 3-eF�-a �e- 643 644 645 646 647 648 ---__--- 649 M8194:44 jeeEi b: 650 eele4' St 651 652 1 ' 653 la Fie, eP �-�-44:g ems€ z e 654 26 ive amt e 655 ' 656 je8tE4:e pew 6e, ��ee 657 658 659 FReveMa t to --be :Fla E e 660 661 662 663 664 665 666 667 eeleei 668 ' 669 670 671 672 673' 674 675 witrc —___ 676 677 ' 678 ' , 679 680 te, �� 27 681 682 �.., �.��_---- 683 684 685 686 14 687 688 iii✓, .� ---1 690 Ei at 691 692 693 ` 694 695 696 ' 697 wlziee 698 699 700 by deiT-4ees }eaAal. a,. 702 ' 703 704 28 705 Fftepea en a i44:g��iayea4:tlzi4:n tie ee,pe,-ate-44�s-erthe-e; ty sh,, , '^ 706 g-ra n to Ei all t }4P--�:gl4 i s a n El shall IgesulqTe et t o -alit i4e-E4,atiesana 707 resile s it es-appli 6al9l ete ire efz i:ftcae�;:;el44e4!e^ E ^ r 708 t-1zle laws o f t lzi e state and ;6�3 e t E amore er64mn a n e e s ef ti4E'�} 1— 709 eiieept as tethiesh es�31:sjensoa ieI4, Jqy thei,- 710 --l ^L L - _ Lien. 711 See 7-54. EemPii:anee with tEa€fie signals and peliee '" r et " 712 Eve ,-y pe, -sen -±d4mng a b4meye l e, earl e p eEs e n a l a s s i stamve 713 x;Reb4m4m4:tyEiev4: ee , Beet re peweE-a s s i s ted 194meyele, e seetL-4^ _ ,-e 714 wlcieeleEi Eiex4mee, gas-ppeweyed wizieeled eeviee, lew speeek;=el4ems^ ^ 715 xaepea en any14}gl4waysl4all eefI94:y w4wt14 all t�aff-4:e 84:EJ14s ^; Jna, 716 anei 14gl4ts anEi w4:tlzi all 44:,eet4mens byreiee, wand e,- et-14e,-6amse, 717 glee n lay a FaeRilg eEect l�i e pel4mee-lepa r tTM e iz t e f the e4:ty.- 718 See. 7-55. Signals. 719 epe,az e,- efa-cmc-vele , e et r; e sonar a s s3 st-i.e 720 FReI94:14m:tyelevr4mee, eleet-Eame pewees -assisted Ig}eyele ^, eeti ; e-peweEe,:' 721 tedea Eie3a4:ee, gashe6aereel wl4eeleE4 Eiev-J ee-e 722 Iga eiE, step, e,- pa,-tt nz r e et l4mne-s j�j all E_, - s;6 see 723 Hilar= siaei FRovcx ent eaFi Ige R4ade saf-elyanEi, 6d ie 3eTde tole ^i," }4:e T 724 eT-a nyez�i e,- v elzie l e-maw-Ige-a f f e e ted 19y s aeh Rievement, ell lie 725 t i e sTgnalsr-e gti4mre E4 in tlzt} s s e e tie n -p l awn l y v 4ws4:J9le-fie t�i eeiE-jV-T 7 2 6 e ou e l r et -x i e E cxiTCTeolE rxrs� nt e nt=ie R t e zira k e s u eh i:R esvLe RE e n t. 727 -PaEt-ly 728 to rn sl4a=rIge-g4mven 19y a pe, -sen - 4':^ a 194:ey6le, 29 729 eleper-sei 730 731 8 -all be 732 ef at and' 733 734 fty` 8W 4: REJ wn 736 net Ige- 737 ' 738 4ev 4 qss±steel p 739 740 741 ' e El 742 , ' 743anel ar-FR 4:n a7 , 744 746 ' 747 ` 748 749 750 See. naquiNed; eavEying 751 A peEsen epe ' 752b�eyele' 30 753 wlcieel etiae-F=eels--pew ewe d wl4ewe el ele �j:e e eE fftelgeel sl=fall net -4:e 754+�.,e,--613aapen 6E astErEje a pe,- tanent and Eeq la,seat a}+a8l-i e^} 755 z13c-rete id n=e s s t i"3 e-vel3Te l ers en e'I-d e s:� g n e Ei f e ,- e i e t; n -,a- 756 a 756 star t . 757 (b) Die 19=eye l e, e l eet,-} e -pe, -s e n ala s s i s��e-Rieb} dem } ee , 758 e=ee t Pepe w ez- a s s4: s t eE4 B ele , ele e hep e, e,-eEi=wlziee l eE4 elegy } e e, 759 760 761 762 elztel less t l4an s± H (6) years e=A } f s a el4 e�44:d 4ms r e, 1, 763 aTae4eel to t -14e 194:eyele in a seat ez tra4mle,-des4:gne4 'Ee 764 el:4 4,-e 765 See 7-5:7. Rider te L r onehand hand" ebams 766 �i epees est slzi all -44e a19}eyele , eleetE4me n eEs e n a4w s t 767 ftt e b i=rcyEle b'4me e,, -e l e cz i e pe w ei=a s s4: s t eE4 14eye l e, e l eecrrePcwci-e - 768 wlcieeleEi Eiev4mee, asheweweEi , ^ ' Eiev4mee ec g a� 769 at - 770 least e R e (1) l4 anE tape ntl4^ ,anter^tea=s 771 Sec. 7-58. Duty to stop before eressing, sidewalk or -li derum —14 772 area. Operation of other wheeled devices_ 773 774 E-,�eEy peEsen—rd4mng a b4meyele, ^eleetE4me e, -sepal assis �� 775 Otteb4:44ty eles4ee, eieet,-aime-pe5ae uss3ste 194meyele eleet,-ame-pewer-p-d. 776 wl4eel eel 4 e v 4m ee-Eja C p ego e r— eel wl4eeleel Eiey ii e e -e , 777 alleyed,- ova t e-Eivewa y a 6-e s s a s4melewalk-e E e4elewa l k area- 31 778 �=g stiEh wheeled dev4mee-e�teh-eelms st-e�ere-ewes-"Ili 1 779 s!dewelk er s4:4ewalk a,,ea. Unless specifically authorized by Title 780 46.2 of the Code of Virginia or this Chapter, it shall be unlawful 781 for any person to operate any type of wheeled device or vehicle on 782 any City street, in the Resort Area or at Town Center. 783 Sec. 7-59. Regulations pertaining to riding on city sidewalks and 784 bicycle paths other than the resort area. 785 786 (a) It shall be unlawful for any person to ride a moped e -r- 787 gas -pewereEi wl4ee ^e' Eie,,;ice or motor -driven cycle on any sidewalk or 788 designated bicycle route within the &City. 789 (b) Except as otherwise provided in this -&Chapter, riding a 790 bicycle, electric personal assistive mobility device, electric 791 power -assisted bicycle, er eseet,-ie eyed wheeled —El e- �i -_ 792 motorized skateboard or motorized scooter is permitted on the 793 sidewalks and designated bicycle paths of the City. 794 (c) A person riding a bicycle, electric personal assistive 795 mobility device, el-eet�ie-per^d wheeled ee motorized 796 skateboard, motorized scooter or electric power -assisted bicycle 797 upon and along a sidewalk, or across a roadway upon and along a 798 crosswalk, shall yield the right-of-way to any pedestrian, shall 799 give an audible signal before overtaking and passing such 800 pedestrian, and shall dismount and walk the bicycle, electric 801 personal assistive mobility device, el-eetri-eked- wheeleel ele; ee 802 motorized skateboard, motorized scooter or electric power -assisted 32 803 bicycle when necessary to avoid physical contact with any person; :1�. • 805 ( 4 ) A—pe,-s e i:i r -rd u n g a 194:eyc-fie , e leet,-4me—p ems e n a3 a s c i s# 806 FReJ94,tydevi e e; e l e etre 807ay 808 809 p e d e sti,-4:an iin dept h e s ��ei,-e�_-im eta ne e s 810 4 -e4 -(d) A violation of s�seeti^e) eR (e) e,- eE th}s seet-i_ 811 this Section shall be punishable by a civil penalty of not more 812 than fifty dollars ($50.00). 813 Sec. 7-59.1. Regulations pertaining to riding wheeled devices or 814 vehicles in the resort area. 815 (a) During the resort season, it shall be unlawful for any 816 person to ride an electric personal assistive mobility device, 817 electric power -assisted bicycle, eletr ere wheeled dee r=e, 818 moped, eE a gas-pewe-r-eEi wheeled 4:e& motorized skateboard or 819 motorized scooter on Atlantic Avenue. 820 (b) It shall be unlawful at any time for any person to ride 821 on any sidewalk in the resort area an all -terrain vehicle, a 822 bicycle, electric power -assisted bicycle, electric personal 823 assistive mobility device, elee r; ^-pewer-eEi wi-eeled 4ev4mee; —Ejas- 824 pewe,-eEi wheeleeEeviee7- motorized skateboard, motorized scooter, 825 skateboard, scooter, or any pedal -powered vehicle that is muscle - 826 powered or any muscle -powered device. However, the use of roller 33 827 blades and roller skates is permitted. A violation of this sub - 828 section shall be punished by a civil penalty of not more than fifty 829 dollars ($50.00). 830 Sec. 7-59.2. Regulations pertaining to riding on the beach, upon 831 sand dunes, or the boardwalk. 832 (a) It shall be unlawful for any person to ride on the beach, 833 upon sand dunes or on the boardwalk a motor vehicle, an all -terrain 834 vehicle, a bicycle, electric power -assisted bicycle, electric 835 personal assistive mobility device, eleet,i —peered wlzieel^' 836 demi gas -pew -^d wiziee e ''^" motor -driven cycle, motorized 837 skateboard, motorized scooter, moped, scooter, skateboard or a 838 pedal -powered vehicle that is muscle -powered or any other muscle - 839 powered device, unless specifically authorized in a special event 840 permit. 841 (b) The use of roller blades and roller skates on the 842 boardwalk is permitted. 843 (c) The use of electric personal assistive mobility devices 844 on the boardwalk is permitted pursuant to a temporary permit 845 authorized by the City Manager. A temporary permit may be issued 846 for a pilot program offering guided tours on the boardwalk, between 847 the hours of 6 A.M. and 12 noon, utilizing electric personal 848 assistive mobility devices. Specific provisions for the temporary 849 permit will be developed by the City Manager. The provisions of 34 850 this subsection shall expire on September 30, 2006. 851 Sec. 7-59.3. Regulations pertaining to riding wheeled devices or 852 vehicles on the grassy area or bicycle path adjacent 853 to the boardwalk and oceanfront parks and plazas. 854 (a) It shall be unlawful for any person to ride on the 855 bicycle path adjacent to the boardwalk an all -terrain vehicle, 856 electric personal assistive mobility device, electric power - 857 assisted bicycle, eleet,-4ms pewe,-eel w4eeled elev}e - pewee ed 858 wl ee ^,a 6e;:4 ee; motor -driven cycle, motorized skateboard, motorized 859 scooter, moped, roller blades, roller skates, scooters or 860 skateboards or a pedal -powered vehicle that is muscle -powered or 861 any other muscle -powered device other than a bicycle as defined in 862 this chapter. 863 (b) It shall be unlawtul to rine an all -terrain venicle, 864 bicycle, electric personal assistive mobility device, electric 865 power -assisted bicycle, eleet4me-pewereE-6aheeled , Ejas- 866 pie..... ;44e .lee de;�i_ce,_ motor -driven cycle, motorized skateboard, 867 motorized scooter, moped, roller blades, roller skates, scooters or 868 skateboards or a pedal -powered vehicle that is muscle -powered or 869 any other muscle -powered device on the grassy area adjacent to the 870 boardwalk and the oceanfront parks and plazas. Provided, however, 871 that bicycles are allowed in the oceanfront plazas for the purpose 872 of accessing the bicycle path adjacent to the boardwalk. 873 (c) Surreys shall be permitted on the bicycle path and the 35 874 oceanfront plazas subject to the provisions of this -&Chapter. 875 (d) For purposes of this -&Section the term "oceanfront parks" 876 refers to the grassy and non -grassy areas of the parks located at 877 7th, 13th, 17th, 24th, 25th, and 31st Streets. The term "oceanfront 878 plazas" or "plazas" refers to the paved areas connecting Atlantic 879 Avenue to the bicycle path. 880 Sec. 7-59.4. Regulations pertaining to riding wheeled devices in 881 Town Center. 882 (a) It shall be unlawful for any person to ride on any 883 sidewalk or plaza in the Town Center an all -terrain vehicle, 884 bicycle, electrical personal assistive mobility device, electric 885 power -assisted bicycle, eleet,- e-pewereEi s44eeled dev}ee, Eja s- 886 pewee-eE wl:i e ed de«ice- motor -driven cycle, motorized skateboard, 887 motorized scooter, moped, roller blades, roller skates, scooters or 888 skateboards, or a pedal -powered vehicle that is muscle -powered or 889 any other muscle -powered device. 890 (b) For purposes of this -,Section, the term "Town Center" 891 means the area bounded by and including the sidewalk on the south 892 side of Virginia Beach Boulevard, the Norfolk Southern Corporation 893 property line, the sidewalk on the east side of Independence 894 Boulevard, and the sidewalk on the west side of Constitution Drive. 895 (c) A violation of this Section shall be punished by a civil 896 penalty of not more than fifty dollars ($50.00). 897 Sec. 7-59.5. General provisions applicable to &Sections 7-59.1 898 through 7-59.5. 36 899 (a) For purposes of -&Sections 7-59.1 through 7-59.4, the term 900 "scooter" use of baby carriages, is a muscle -powered device having two (2) or more wheels, 901 a platform on which the rider stands, and a steering mechanism such 902 as handlebars. 903 (b) The provisions of Section 7-59.1 through 7-59.4 shall 904 not be applicable to the use of baby carriages, strollers or 905 related modes of transportation of infants, or the use of 906 wheelchairs and wheelchair conveyance used for the transportation 907 of disabled persons or electrical personal assistive mobility 908 devices, electric power -assisted bicycles or e!tetrie 909 sera motorized scooters equipped with a seat used for the 910 transportation of disabled persons for either a (i) state -issued 911 placard for the disabled has been issued and is prominently 912 displayed thereon or (ii) special decal has been issued by the city 913 pursuant to section 7-25 and is prominently displayed thereon. 914 (c) The prohibitions set forth in -&Sections 7-59.1 through 7- 915 59.4 shall not be applicable to city employees or city contractors 916 on officials business, or to employees of any franchise or 917 permittee authorized to provide services at Town Center, or on the 918 beach, boardwalk and adjacent bicycle path, oceanfront parks and 919 plaza, while on duty, or when authorization is granted by the &City 920 Manager or his designee for special events. 921 Sec. 7-60. Reckless riding; speed. 37 922 (a) No person shall ride a bicycle, electric personal 923 assistive mobility device, electric power -assisted bicycle, 924 e4: ee t - r- 4: e -p ew e Eed dah e el eE4 d e m wee , gas =-pewe,-e d wl4 e e l e d Eie�,iee 925 motorized skateboard, motorized scooter, low -speed vehicle or moped 926 recklessly or at a speed faster than is reasonably proper, or in a 927 manner so as to endanger the life, limb or property of the rider or 928 of any other person. 929 (b) It shall be unlawful for any person to use or operate 930 roller blades, roller skates or any similar devices on wheels or 931 runners whether such use is permitted or not, recklessly or at a 932 speed faster than is reasonably proper, or in a manner so as to 933 interfere with pedestrians or to endanger the life, limb or 934 property of the rider or any other person. 935 Sec. 7-61. Racing. 936 (a) Bicycle, electric personal assistive mobility device, 937 electric power -assisted bicycle, el ^^}~-; ^e' wl: ^^l e ''^"; c, 938 gas-pewe,-eEi wl4eeled 4ev4me motorized skateboard or motorized 939 scooter, low -speed vehicle or moped racing on the highways is 940 prohibited except as authorized in this -&Section. 941 (b) Bicycle, electric personal assistive mobility device, 942 electric power -assisted bicycle, e! ^^}r; ^-pew ,=ems ''heel ^E' de^' -4 ^^ 943 motorized skateboard as pe r-ee wl4eeleEi elev4meea motorized scooter, 944 low -speed vehicle or moped racing on a highway shall not be 945 unlawful when a racing event has been approved by the c -City 38 946 mManager on any highway under the jurisdiction of the -&City. 947 Approval of bicycle, electric personal assistive mobility device, 948 electric power -assisted bicycle, e4:e8t,4!-ewe-,-eEi wlzteeled 949 motorized skateboard gas red wl4eeleE elev4meem motorized scooter, 950 low -speed vehicle or moped highway racing events shall be granted 951 only under conditions which assure reasonable safety for all race 952 participants, spectators and other highway users, and which prevent 953 unreasonable interference with traffic flow which would seriously 954 inconvenience other highway users. 955 (c) By agreement with the approving authority, participants 956 in an approved bicycle, electric personal assistive mobility 957 device, electric power -assisted bicycle, ele tri -e peaT,-eEi wizieeled 958 de�ee motorized skateboard, gas e,-eEi wl-iee' ^E' eleTT ^^ motorized 959 scooter, low -speed vehicle and moped highway racing event may be 960 exempted from compliance with any traffic laws otherwise applicable 961 thereto, provided that traffic control is adequate to assure the 962 safety of all highway users. 963 Sec. 7-62. Clinging to vehicles. 964 No person riding upon any bicycle, electric personal assistive 965 mobility device, electric power -assisted bicycle, e4:eet,-4:e--pewe,-eeI 966 wl4ee _.E'_ e v gas—pewe,-ed wl:ieelee deer=ee, motorized skateboard, 967 motorized scooter, low -speed vehicle, moped, roller skates, 968 skateboards, toys, other devices on wheels or runners shall attach 969 the same or himself to any moving vehicle upon a roadway. 39 970 Sec. 7-63. Parking of bicycles and other wheeled devices. 971 (a) Except as otherwise prohibited or restricted by an 972 official traffic -control device, a person may park a bicycle, 973 electric power -assisted bicycle, electric personal assistive 974 mobility device, e!eet,-4:e-pewe,-ed wheeled d-ev4me , 975 wl4eeleE4 elev ee motorized skateboard, motorized scooter, or moped on 976 a sidewalk in such manner so as to not impede the normal and 977 reasonable movement of pedestrian or other traffic. 978 (b) Except as otherwise prohibited by this Code, a bicycle, 979 electric power -assisted bicycle, electric personal assistive 980 mobility device, eleet,-} -pewe ed wheeleE4 dev}ee, L. e e ed 981 wl4eelee elev;ee motorized skateboard, motorized scooter, low -speed 982 vehicle or moped may be parked on the roadway at any angle to the 983 curb or edge of the roadway or abreast of another such wheeled 984 device or vehicle, but in such manner so as not to (i) impede the 985 normal and reasonable movement of vehicular or pedestrian traffic, 986 or (ii) obstruct the movement of a legally parked motor vehicle. 987 Sec. 7-64. Use of earphones while operating a bicycle, electric 988 personal assistive mobility device, electric power - 989 assisted bicycle, eleetwie-pewered wheeled dev 990 gas-powewed--wheeleddeviee motorized skateboard, 991 motorized scooter or moped. An 993 (a) It shall be unlawful for any person to operate a bicycle, 994 electric personal assistive mobility device, electric power - 995 assisted bicycle, elee:�,-4!e-pewe,-eel wloieele , 40 996 wheeled Ei^"'^e motorized skateboard, motorized scooter or moped on 997 the highways in the city while using earphones on or in both ears. 998 (b) For the purposes of this -&Section, "earphones" shall mean 999 any device worn on or in both ears that converts electrical energy 1000 to sound waves or which impairs or hinders the person's ability to 1001 hear, but shall not include any prosthetic device that aids the 1002 hard of hearing. 1003 BE IT FURTHER ORDAINED: 1004 That this ordinance shall become effective on July 1, 2006. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 27th day of June, 2006. 41 1 AN ORDINANCE TO REPEAL CITY CODE SECTION 5-5 2 PERTAINING TO CONTROL OF DANGEROUS OR VICIOUS 3 DOGS AND AMEND CITY CODE 5-9 PERTAINING TO 4 NUISANCE ANIMALS GENERALLY 5 6 SECTION REPEALED: 5-5 7 SECTION AMENDED: § 5-9 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That Section 5-5 is hereby repealed and Section 5-9 of the 12 City Code is hereby amended and reordained to read as follows: 13 see. s S—eentrel of dangereus-ez deg. 14 (a) Definitions. As—ate ed in this seetien, eaeh ez—tl=ie 15 fellevoo ng terms —shall have the ffteaning—respeeti erganizeel, lawEul deg hanelling event. el : ti-.ee' 16 therete,- -a--r ht e f rt , he�as g r-_ L _- _ j 17 18 bitten, -at t aelfeel, or inflre to 19 aniffta , er killeel a eempan±en anifftal; hewever, when a ,leg ,ttaev.. 20 elites--anetheideg, tire--attaeking er biting deg shall net be 21 Eleei eel elangeratts (i) )) i # ne serieus phy sieal injury as e _t _r..,._n _a 10-y- 22 23 e fthe attae3 er bite er(ii) bethde ewned by the saffte 24 25 biting, attaeleing er inf=lieting injury en anether deg while engaged 26 with an ager er e rstedi-a=was—p}rt ef 1awzEul hunting —$r- 27 partieipating in an erganizeel, lawEul deg hanelling event. 28 �:�-rer-s��r�re3-�xdper-sen -a--r ht e f rt , he�as g r-_ L _- _ j 1 29 ) keeps s ez-am ers , (iii) h in his r h e3� ere; (iv) --aha 3 0 as eusteelian o f ,, er (v) p -t erefaalnr-ones e,ie- e h� 31 44 , 45 46 be heard anel avrre t -renelere if- 33 artimal centre l e f f- i eer- 47 , 34 ineltiding- multiple -btes,-s-ei-±eus he er she may -permit t dis €igui�--efne t serietts impairment - 35 efhelth er serietts impairment of abeam -€unbar; er--(iiiT 36 e entinu ed te emhibitthe -type e#—behavi ei�t that resin teein—a 37 he- animlif, after earing the evielen��, 53 38 , 39 a eanine er eanine—eressbreed-within his er her jurise i `inn ±S � J 40 41 42 etisteelian, if Iffiewn, 43 a speeif-ieel time. The sufmens shall advise the ewner eE the nature 44 45 46 be heard anel avrre t -renelere if- the artimal centre l e f f- i eer- 47 48 manner that pJreteets the publi-e-sa€ety, he er she may -permit t 49 ewrer er etisteeli air—to—eenf-ine- the n ifna , tintil stteh tifne--a:s 50 evielenee shall be hearel anel a vereliet rendereel. The eeurt, threu 51 its eentempt pewers, fnay eempelth , ears t-elian ei-=arb e r ere f 52 the -animal: -te-preduee- he- animlif, after earing the evielen��, 53 , 178 harbor or conceal any animal which has been ordered disposed of or 179 removed by the gGeneral dDistrict e•Court, or to fail to confine or 180 restrain an animal when such an order has been entered by the 181 court. 182 ) if the anifftal eentre l: warden -ems h i s 4.,y t h e i. ; z 183 agent has reasen te believe that any and:fftal has, tAthettt 184 preveeatien, 185 taken into etasto4y and -eenfinedbthe bureat-ef—aniffta n`re' 186 187 (dc) Any person who owns any dog, cat or other animal that has 188 been adjudged a nuisance pursuant to this sSection by the gGeneral 189 4District eCourt and who appeals that decision to the ecircuit 190 eCourt shall be responsible for the fees connected with the 191 impounding of the animal by the bBureau of faAnimal eControl. If on 192 appeal the eCircuit e -Court determines that the dog, cat or other 193 animal is not a nuisance, no such fees for the impounding of the 194 animal shall be imposed. 195 BE IT FURTHER ORDAINED: 196 That this ordinance shall become effective on July 1, 2006. 197 Adopted by the City Council of the City of Virginia Beach, 198 Virginia, on this 27th day of June, 2006. 8 I AN ORDINANCE TO REPEAL SECTION 6-116.1 OF THE 2 CITY CODE PERTAINING TO SURFING GENERALLY 3 4 SECTION REPEALED: § 6-116.1 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 6-116.1 of the City Code is hereby repealed: 8 see- 6 116 Surfing gene-` ll__i iEffeetiye July 1 1999, th.........,.�., i 9 Gete-barl; 1999)-. 10 11 ) F er ptrpe s es e f this s eetien, the€e 1 -le -i -ng phrases sh 12 have the meanings :eespeeti e,.1' ;, ee to them:._ 13 (1) eity manager shall mean the eity manager ei- his duly 14 - - heti--a a. -, --- . 15 (2) Laber Day Weekend shall be eleemed te end at 6*99 p.m. e.. 16 Laber Day. 17 (-) Meffterial Day eeleen�shall --deemea-te-beg3n--at—o-99 18 p.m. en the bmf=-= M=- ---al T)aj _ 19 (4) Sher-ebreale shallEfteanthe-area between the s ere, _ a f 20 the A t-1 an t i -e -9e eran-el a -e e t i nu eus-tee-runn±ngrT4 21 (39) Feet -east of the shere i 22 , 23 Weekend te Laber Day Weekend, it shall be unlawful fer any pers 24 , between t 25 hears ef 11:09 a.fft. anel , r J 26 in any e f the f _'_'_ = .. _ g areas 2 7 T e-a-�ea�t-he-�o 1) I�aT�I t i,. ��-� b e trnel��ez-�z-�a f T i t t l e T s e -.....7 1 28 parte to --the setithern betinda5ey—ef the designated 29 as e`henoATe-previeled herein, frefft Meme-ri-a3Pay 30 of n .-.... al-..,.: elg e n e -. a_ 31 nelary ef the elesignate 32 and 4:99 p.fft. weeleelays-acid n - nn net 6 - onv 33 34 Fleet Ge:; bat Training Fester 35 (3 ) T the frefft the nertheL-n b n...,,.p F e,�.-.... ..,a..i Y v i �. cu �+a, ea -e 36 te- the setithe-rn jetty eE Rtieleeinlet, -inlet to -mac r \ 3 7 T4T—I�-�-�'P---a-��;�a�-�e-�e��-� F.... line F n.,,a Street te ti 4��r-,�r�-�--�� 38 eenr er line of 96th Stt-*eet;-ana 39 (5) in the -arecr-T1�eisthe -eelite=- line --ez-v-czrStreet cv--crrc 40 saiathern beundary ef Fert 41 (e) Emeep` as e`henoATe-previeled herein, frefft Meme-ri-a3Pay 42 43 / between t 44 hetirs eE !9:90 and 4:99 p.fft. weeleelays-acid n - nn net 6 - onv 45 46 (1) ift tire—dee-i-gnato 47 1eeaated-crt the fermi is of S_.,.at-...,._age R,....a, 48 (2) in the area frefa the nerthern jetty of Rupee -inlet to -mac 49 een t e r line -e f 42'dStreet; and 50 (3) in the --a-rea f rem the-eenter line -e f 56th Street ` e `� 51 eenteL- line o f 58th Sreef 52 (el) the�� i ee=�i �,z er-9t3b4P__eti8i3e r15-i—aixerE-� 53 ez��is seetien, the of aard in the watevs ef to 54 Ztlant=e-6eea- sh-all be-perEftitteH ,'-,a-Te felle6v=meg areas-- ees55 55in the area F em the seuthern-b etinela-e f--TAttle 191a 56 Pan e t e -he state -line, -u e 57 L.��w�ww.wwsw�� .rrtw�� :: s�� :' �► i �� w�i ws��.�� i��i 60 61 (:3 in the area re-setrthern -jetty-ef Rudee inrete--a 62 63 (4-)--- Wit- the free- nerthern jetty -ei Rudee-inlet t o -a 64 peint five hundreel (5)feet name}ereef; 65 (5) in the area beginning three hundreel H G O) -feet nerth eF 6 6 the een ter line e f 3 rel Street ane-e3e€eneling-be 67 erre-hunelred (199) feet north e Et re-eenteline-ems 68 Std; 69 (`` in any area--determineel to -be iansa€e fer swiffffting-e-r- 70 wading, ptirstiant to seet-ien 6-1:7 efthis mer; ana 71 , . , in any ether- area- 72 fixe-des-ignate asa surfing area. 73 (e) in adelitien-te- he prehibitiens-set ferth in subseetiens 74 (b) and (e)ef this seetien, 75 (1) Pio - persen shall: use -a—stirf-15era- between sense �-anR 76 sunrise; 77 (2) Ne -hers cis -shall: use a-sur€bearel :unless a leash ate her 78 je±ns- the —surfer to the rfes ear _ 79 (3) 1je persen shall use a surfbearel in the area between 80 smith anel nerth jetties ef Ruelee n! 81 (4-)--- Ne- p ersen shall, f-refft Pgefaer' 82 Weekend, use F1-eaL-dmawithin the sherebs....,_ tinless 83 sueh Fei-sen padelling, er w eli rgbesrele the r f-be,re 84 85 b eaeh, er unlessstreheL=se sy i f e a,,. 86 elesignateel by this seetien er the eity manager as -a 87 stirfing—ares ; and 88 (5) Nepersenrshall: engage in any aetivitye tyre than stirQ 89 er as a surfing area. 91 (f) Netwithst-aneling—anypreoisien herein—to—th , 92 93 area pe s es—athre e f Bang eL-t-e the general ptib3ie , he may 94 prehibit sttL-fing in sueh area fer the p rieel e# tiffs- lurinom _,hie 95 the threat ef dangeL= exists. Any sueh area shall be eensp . e -y- "Ne Budin"s±gars, -signs shall---e-maint in 96 irk whieh plaee 97 trit�_ thehas been liAte`,—anal it shall be aisFa.l fe r 98 any persen tersurf in any area se markeek.- 99 100 shall be guilty of a Glass-4iselemeaner 101 102 Adopted by the City Council of the City of Virginia Beach, 103 Virginia, on this 27th day of June, 2006. -29 - Item V.J.2.a/b/d ORDINANCES ITEM #55358 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinances to AMEND the City Code and Criteria re Towing: a. AMEND §§21-403, 21-406, 21-407, 21-410 re tow truck service to enforce parking restrictions on private property b. ADD §21-403.1 requiring tow truck services to obtain written authorization of the property owner (or agent) before towing a trespassing vehicle from the property without consent d. Police Department wrecker list criteria (revised June 6, 2006) Voting: 10-0 (By Consent) Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: Harry E. Diezel June 27, 2006 1 AN ORDINANCE TO AMEND THE CITY CODE SECTIONS 2 21-403, 21-406, 21-407, AND 21-410 PERTAINING 3 TO USE OF TOW TRUCK SERVICE TO ENFORCE PARKING 4 RESTRICTIONS ON PRIVATE PROPERTY 5 SECTIONS AMENDED: §§ 21-403, -406, -407, and -410 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Sections 21-403, -406, -407, and 410 of the City Code are 9 hereby amended and reordained, and section 21-403.1 is hereby 10 added, to read as follows: 11 Sec. 21-400. Definitions. 12 Unless a different meaning is required by the context, the 13 following terms, as used in this division, shall have the meaning 14 hereinafter respectively ascribed to them: 15 Custodian means any person who is in possession and control of 16 a vehicle whether or not such person is the registered owner of the 17 vehicle. A person who is in possession of the ignition key to a 18 vehicle, and who is also in possession of a valid driver's license, 19 shall be deemed to be the "custodian" of such vehicle. 20 Decal -controlled parking area means a parking area in which 21 parking is limited to vehicles on which a decal, sign, placard or 22 similar authorization issued by the owner, lessee or agent of the 23 parking area is conspicuously displayed. 24 Operator means any person operating a tow truck for a tow 25 truck service. 26 Tow truck service means a person engaged in any business which 27 provides the services of one or more tow trucks for hire or use to 28 tow, transport or move motor vehicles on or from public streets or 29 on or from private property by way of public streets. 30 Tow truck service storage yard means any property, including 31 the premises of any service station, upon which vehicles are stored 32 that have been towed from privately owned lots or property at the 33 request of the owner, lessee or agent of such lot or property and 34 without the consent of the owner of the vehicle towed. 35 Sec. 21-401. Applicability of division. 36 The provisions of this division shall apply only to tow 37 services which tow vehicles on or from privately owned lots or 38 property, at the request of the owner of such lot or property and 39 without the consent of the owner of the vehicle towed. 40 Sec. 21-402. Violations of division. 41 (a) It shall be unlawful for any person to violate or refuse, 42 fail or neglect to comply with any of the provisions of this 43 division. Each day that a continuing violation of the provisions of 44 any section of this division occurs shall constitute a separate 45 violation. 46 (b) Any person violating any provision of this division shall 47 be guilty of a Class 1 misdemeanor. 48 49 Fd 50 Sec. 21-403. Signs required on property. 51 (a) Each owner of private property having parking facilities 52 accessible to the public, and offering parking to its customers, 53 clientele, residents, lessees or guests, who intends to enforce 54 parking restrictions by the use of a tow truck service, shall post, 55 at each point of ingress and egress to the parking area, clearly 56 legible signs, visible and unobstructed day and night upon entering 57 the parking area, that contains the following wording and sets 58 forth the hours of enforcement: 59 PRIVATE PARKING 60 NAME OF BUSINESS 61 RESIDENTS/CUSTOMERS/CLIENTELE/ 62 LESSEES/GUESTS ONLY 63 TOWING ENFORCED 64 HOURS OF ENFORCEMENT 65 Unauthorized cars towed at owner's expense: $ day or night. 66 Call (telephone number of tow truck service) for location and 67 information concerning return of car if towed. With respect to 68 retail establishments, this sign shall also contain the wording 69 "WHILE ON THE PREMISES" following the wording "CUSTOMERS ONLY." 70 Finally, this sign or an accompanying sign shall indicate whether 71 the parking area is decal -controlled and shall contain the name and 72 telephone number of any contracted towing service. 3 73 (b) The signs required by this section shall be at least 74 thirty-six (36) inches in width and thirty (30) inches in height. 75 Lettering for the capitalized words shall be at least three (3 ) 76 inches in height and, for all other lines, at least one and one - 77 half (1 1/2) inches in height. The face of the sign shall be 78 composed of ea�r engineering grade reflectorized sheeting or like 79 material. The name of the business may be on a separate sign, but 80 must be adjacent to the primary sign containing the information 81 required by this section. The provisions of subsection (a) above 82 shall be applicable to any parking area located on private property 83 including parking areas of apartment houses, condominiums and 84 nonprofit organizations. 85 (c) In addition to the provisions of subsections (a) and (b) 86 above, if towing is enforced twenty-four (24) hours a day, the sign 87 or signs required by this section shall include the wording "TOWING 88 ENFORCED TWENTY-FOUR (OR 24) HOURS A DAY" in letters at least three 89 (3) inches in height. In the alternative, an accompanying sign 90 containing this wording in letters of the same height may be placed 91 adjacent to each sign required by subsection (a) above. 92 (d) Vehicles may be towed from designated fire lanes approved 93 by the fire department on private parking areas open to the public 94 on which are posted signs as required by subsection (a) above, 95 provided that such fire lanes are properly marked, including the 96 posting of above grade signs stating FIRE LANE -TOWING ENFORCED. 4 97 (e) It shall be unlawful for any tow truck service or 98 operator to tow or otherwise move a vehicle from any privately 99 owned land or property within the city, unless such land or 100 property is properly signed in accordance with this section. 101 (f) An owner or operator of private property who enforces 102 parking restrictions on the property by use of a tow truck service 103 shall offer a copy of the survey and comment form developed by the 104 Towing Advisory Board to anyone who contacts the owner, operator, 105 or any employee or representative of the owner or operator, 106 regarding a vehicle that has been towed or released after hookup 107 from the owner's property. 108 Sec. 21-404. Business license requirements; identification of tow 109 trucks. 110 111 (a) No tow truck service or operator shall remove any vehicle 112 from public or private property unless the tow truck service 113 possesses a valid business license issued in accordance with 114 Chapter 18 of this Code. 115 (b) All tow trucks operated by a tow truck service shall 116 display the name, address and telephone number of the owner thereof 117 on both sides of the tow truck on permanently mounted signs or 118 painted directly on the body of the truck in reflectorized letters 119 large enough to be readily legible, but in no case less than two 120 (2) inches in height. It shall be unlawful to operate a tow truck 5 121 displaying an incorrect name or address, or a telephone number 122 which is incorrect or not in service. 123 Sec. 21-405. Release of vehicle to owner or custodian prior to 124 towing. 125 126 (a) If the owner or custodian of any vehicle not authorized 127 to be parked in a private parking area returns after a tow truck 128 service has arrived but before the vehicle has been towed from the 129 private parking area, he may reclaim the vehicle whether or not it 130 is fully hooked up to the tow truck, and it shall be unlawful for 131 the tow truck service or operator to refuse to release the vehicle. 132 However, if the vehicle has been hooked up, or is in the process of 133 being hooked up, the tow truck operator may charge a drop fee not 134 to exceed twenty-five dollars ($25.00) before releasing the vehicle 135 or discontinuing the towing process. The process of hooking up 136 shall be defined as (i) the removal and/or unreeling of any towing 137 equipment from the tow truck after the truck is positioned to 138 effect the tow, whether or not the equipment has been attached to 139 the vehicle, or (ii) the lowering of a hydraulically -operated lift 140 in preparation for loading the vehicle. 141 (b) If the owner or custodian is unable or refuses to pay the 142 fee set forth in subsection (a) above, the vehicle may be towed and 143 the tow truck service may charge its basic fee for the tow. 144 Whenever a vehicle is towed under these circumstances, the tow 145 truck operator shall permit the owner or custodian to remove 146 personal items from the vehicle prior to the tow. 147 (c) No tow truck operator shall request payment of the fee 148 set forth in subsection (a) above or tow any vehicle thereafter if 149 the charge is not paid unless he shall first provide to the owner 150 or custodian of the vehicle a copy of this section. The tow truck 151 operator, upon receiving such payment, shall provide to the owner 152 or custodian a legible receipt containing the name of the towing 153 service, the date, time and place of vehicle release, and the name 154 of the tow truck operator. A copy of the receipt shall be retained 155 by the tow truck service for a period of one (1) year and shall be 156 made available for inspection by city police or the commissioner of 157 the revenue during the normal business hours of the tow truck 158 service. 159 (d) Notwithstanding any provision of this section to the 160 contrary, if a police officer determines that a vehicle is needed 161 as evidence in a criminal matter, or concludes that, based upon 162 surrounding circumstances, the failure to release a vehicle is 163 likely to result in a disturbance of the public peace and good 164 order, such officer may order release of the vehicle without 165 immediate payment by the owner or custodian thereof of the fee set 166 forth in subsection (a) above; provided, however, that nothing 167 herein shall preclude a tow truck service or operator from civilly 168 pursuing payment of such fee at a later date from the owner or 7 169 custodian of the vehicle, or from the owner, lessee or agent of the 170 parking area. 171 Sec. 21-406. Peliee Public Information office to be notified of 172 removal of vehicle. 173 174 (a) At the time of removal of any vehicle by a tow truck 175 service operator, or no later than thirty (30) minutes thereafter, 176 the City's Public Information Office shall be 177 notified of such removal, specifying the location of the storage 178 yard to which the vehicle will be towed and the telephone number 179 which the owner should call to reclaim the vehicle. The peliee 180 a:spate er Public Information Office shall be given the license 181 number and state of issuance of the license and, if known, the 182 vehicle identification number and the make, model, and year of the 183 vehicle towed or to be towed. 184 (b) If notified by the a;spateh Public Information Office 185 or any law enforcement officer that the vehicle is subject to 186 seizure by law enforcement authorities for evidentiary purposes, 187 the tow truck operator or towing service shall forthwith relinquish 188 the vehicle to such authorities and shall not be entitled to 189 recover any costs or fees. 190 Sec. 21-407. Charges for towing and storage of vehicle; 191 receipt required. 192 193 (a) No tow truck service or operator operating within the 194 city shall, at any time, charge a basic towing fee greater than the 195 fees set forth below: s 196 TABLE INSET: 3ross weight of vehicle Maximum fee 11,000 pounds or less $ 85.00 11,001 pounds or more 285.00 197 The basic fee shall be inclusive of any additional towing services 198 such as the use of a dolly. This subsection shall apply only when a 199 vehicle is moved or towed without the prior consent and agreement 200 of the owner or custodian of the vehicle. 201 (b) No tow truck service or operator shall assess any charges 202 for storage for the initial twenty-four (24) hours, nor charge more 203 than twenty dollars ($20.00) per twenty -four-hour period 204 thereafter, for any vehicle with a gross weight of 11,000 pounds or 205 less removed from private property without the consent of the owner 206 or custodian of the vehicle, whether such tow originates in this 207 city or any other jurisdiction. For vehicles with a gross weight of 208 more than 11,000 pounds, a storage fee not to exceed twenty dollars 209 ($20.00) per twenty -four-hour period may be assessed after the 210 first twenty-four (24) hours. Delays caused by storage yard 211 personnel shall not be included when computing storage charges. 212 (c) If any vehicle is not redeemed within seven (7) days 213 after it is towed, the tow truck service shall be entitled to 214 recover an additional fee, not to exceed fifty dollars ($50.00), as 215 payment for the cost of any search conducted to determine the 216 registered owner and lien holder, if any, of the vehicle. Q, 217 (d) No tow truck service or operator shall charge any fee for 218 mileage, or any other fee in addition to the basic towing fee set 219 forth in subsection (a) above. In order to ensure that no tow 220 truck service or operator collects more than the fees authorized by 221 this section, tow truck services and operators shall provide change 222 for cash payments made by any person whose vehicle has been towed 223 or released after hook up. 224 (e) A monetary receipt for each and every fee collected must 225 be given to those persons whose vehicles have been towed by a tow 226 truck service, or released after hook up, upon release of the 227 vehicle. The information on the receipt must be clearly legible and 228 include the time, date and place of the tow, the name of the tow 229 truck operator who made the tow, and the name of the tow truck 230 service for which said operator works. The receipt must also list 231 the amount of money paid for the release of the vehicle, any 232 additional charges incurred in the tow, and the reason for said 233 additional charges. The following shall be printed conspicuously on 234 every receipt: "NOTICE: Virginia Beach City Code § 21-407(f) 235 requires the tow company to offer you a Survey and Comment Form 236 with this receipt." A copy of the receipt must be retained by the 237 tow truck service for a period of one (1) year and shall be made 238 available for inspection by city police or the commissioner of the 239 revenue during normal business hours of the tow truck service 240 owner. 10 241 (f) A survey and comment form, developed by the Towing 242 Advisory Board, shall be offered to those persons whose vehicles 243 have been towed by a tow truck service, or released after hookup, 244 upon release of the vehicle. 245 Sec. 21-408. Requirements for storage yard. 246 (a) At the storage yard of each tow truck service, there 247 shall be a sign prominently displayed specifying tow and storage 248 rates. 249 (b) If an attendant is not on duty twenty-four (24) hours a 250 day, seven (7) days a week, to return vehicles upon the payment of 251 towing and storage charges, the sign provided for in subsection (a) 252 hereof shall also contain a telephone number where the owner, 253 manager or attendant of the tow truck service storage yard may be 254 reached at any time so that a towed vehicle may be reclaimed by its 255 owner in a minimum amount of time, not to exceed two (2) hours. 256 (c) Each tow truck service storage yard shall provide 257 reasonable security and protection for all vehicles towed, whether 258 such tow originates in this city or any other jurisdiction, 259 including illumination of the storage area during hours of 260 darkness, and including a fence enclosing the storage yard if an 261 attendant or security guard is not on duty twenty-four (24) hours a 262 day, seven (7) days a week. 11 263 (d) During the hours of darkness, the operator shall provide 264 an area sufficiently illuminated to enable an owner to inspect a 265 vehicle prior to removing it from the storage yard. 266 (e) It shall be unlawful to operate any tow truck service 267 storage yard or to deposit, impound or store any towed vehicle 268 herein, unless said yard is in full compliance with the sign, 269 security and lighting requirements of this section and with all 270 applicable zoning regulations, licensing requirements and use 271 permits, established by this Code. 272 Sec. 21-409. Tow truck service operator's log. 273 Tow trucks service operators shall, within thirty (30) minutes 274 of vehicle hook up, complete a record of the make, model, year and 275 vehicle identification number, if known, of the vehicle, its 276 license number and state of issuance, the time, date and place of 277 removal, the name of the tow truck operator who made the tow and, 278 for each entry of tow, the signature of the owner of the private 279 lot, or his representative, requesting and authorizing the tow 280 shall be required. A letter of authorization from the owner of the 281 private lot or his representative, when carried in the tow truck 282 making the tow, shall be sufficient to meet this latter 283 requirement. Such record shall be retained by the tow truck service 284 for not less than one (1) year, and shall be available for 285 inspection by city police during normal business hours of the tow 286 truck service owner, including any time that a vehicle is being 12 287 impounded or reclaimed. Failure to keep and retain such a record, 288 or omitting to make a true and complete entry for each vehicle 289 towed, or failure to surrender such record to any police officer 290 upon request shall be unlawful. 291 Sec. 21-410. Miscellaneous prohibited acts by tow truck service or 292 operator. 293 294 Except when acting as an agent in the legal repossession of a 295 vehicle, it shall be unlawful for any tow truck service or operator 296 to: 297 (1) Tow or otherwise move a vehicle from any area or portion 298 of a public street without either the consent of the owner or 299 custodian of the vehicle or authorization from a police officer or 300 other designated official of the city. 301 (2) Block the movement of or tow or otherwise move a vehicle 302 from any private road, driveway or any other privately owned land 303 or property within the city without the consent of the owner or 304 custodian thereof, unless: 305 (i) The vehicle is parked in a designated parking space 306 of a decal -controlled parking area and is not 307 displaying a decal or other form of authorization 308 issued by the owner, lessee or agent of such 309 parking area; 310 (ii) The vehicle is parked in a designated parking space 311 of a non -decal -controlled parking area during any 13 312 period when the business(es) serviced by the 313 parking is (are) open, and the tow truck operator 314 obtains the written consent of the owner, lessee or 315 agent of such parking area prior to towing the 316 vehicle; or 317 (iii)The vehicle is parked in a non -decal -controlled 318 parking area during any period when the 319 business(es) serviced by the parking area is (are) 320 closed, and towing is enforced twenty four (24) 321 hours a day by such business(es); or 322 (iv) The vehicle is parked on any portion of a parking 323 area in such manner as to block ingress or egress 324 to the parking area, or to block access to a 325 dumpster or properly marked service or delivery 326 area, or is otherwise parked in a portion of the 327 parking area that is not specifically designated, 328 by lines, curbs or similar markings, as an area for 329 the parking of vehicles. 330 No vehicle shall be towed pursuant to subsections (i) (ii), 331 (iii), or (iv) unless there is a written contract between the tow 332 truck service and the owner, lessee or agent of the parking area to 333 remove all unauthorized vehicles from the parking area, the tow 334 truck operator has a copy of such contract in his or her 14 335 possession, and the owner, lessee or agent has complied with all of 336 the signage requirements set forth in section 21-403. 337 (3) Tow or otherwise move a vehicle from any private road or 338 driveway, or from any other privately owned land or property within 339 the city to a place out of the city without the consent of the 340 owner or custodian of the vehicle; provided that, after a period of 341 not less than twenty-four (24) hours following the initial towing 342 of a vehicle, as recorded in the police dispatcher's log, any such 343 vehicle may be moved to a storage area located outside of the city, 344 with prior notification to and approval of the police department. 345 Notwithstanding the above, if a tow truck service or operator owns 346 or leases a storage area located outside of the city, and such 347 storage area is closer to the location from which a vehicle is 348 towed than the closest in -city storage area owned or leased by the 349 tow truck service or operator, such vehicle may be initially towed 350 to the storage area located outside of the city, provided the tow 351 truck service or operator is authorized to do business in both 352 cities, charges a fee not greater than that fee authorized in 353 Virginia Beach and invoices the tow in Virginia Beach. 354 (4) Block any vehicle, other than when on the property of the 355 tow truck service, to prevent the movement thereof by its owner or 356 custodian who has appeared prior to the vehicle being hooked up and 357 desires to move the vehicle. 15 358 (5) Wait for employment by standing or parking on public 359 property. 360 (6) Drive a tow truck or wrecker along any street to solicit 361 towing. 362 ( 7 ) Tow or otherwise move a vehicle from any place in the 363 city utilizing a wrecker or tow truck which is not insured as 364 required by section 18-55.1 of this Code. 365 (8) Provide false information to any police dispatcher 366 concerning any vehicle towed. 367 (9) Require the owner of any towed vehicle to wait for a 368 period exceeding two (2) hours for release of a vehicle. Any delay 369 over two (2) hours caused by failure to monitor or respond to calls 370 placed to the operator's designated telephone number shall 371 constitute a violation of this section. 372 (10) Move any vehicle to any intermediate place of storage, or 373 to any location other than to the registered secure storage yard of 374 a tow truck service, unless specifically requested by the owner or 375 custodian of said vehicle. 376 (11) During the initial twenty-four (24) hours after the 377 vehicle is towed and upon request by any owner or custodian of a 378 currently licensed vehicle, deny or prevent access to said vehicle 379 for the purpose of removing personal items, whether or not the 380 owner or custodian is then able to reclaim the vehicle. After the 381 initial twenty-four (24) hours has expired and upon the request by 16 382 any owner or custodian of a currently licensed vehicle, no tow 383 truck service or operator shall refuse to allow such owner or 384 custodian access to such vehicle once per day between the hours of 385 8:00 a.m. and 5:00 p.m. 386 (12) Assess or collects any charge or fee in excess of, or in 387 addition to, the charges and fees authorized by this division. 388 (13) Fail to provide a monetary receipt, for each and every 389 fee collected, containing the notice provision outlined in section 390 21-426(e). 391 (14) Fail to make the survey and comment form developed by the 392 Towing Advisory Board available when the vehicle is retrieved. 393 Adopted by the City Council of the City of Virginia Beach, 394 Virginia, on this 27th day of June, 2006. 17 REQUESTED BY COUNCILMEMBERS DIEZEL AND MADDOX 1 AN ORDINANCE TO ADD SECTION 21-403.1 TO THE 2 CITY CODE TO REQUIRE WRITTEN AUTHORIZATION 3 BEFORE A VEHICLE IS TOWED FROM PRIVATE 4 PROPERTY WITHOUT THE VEHICLE OWNER'S CONSENT 5 SECTION ADDED: § 21-403.1 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 21-403.1 of the City Code is hereby added, to 9 read as follows: 10 Sec. 21-403.1 Written authorization required. 11 (a) No tow truck service or operator shall remove any 12 trespassing vehicle from private property without first obtaining, 13 at the time the vehicle is towed, specific written authorization of 14 the owner of the property from which the vehicle is towed, or the 15 owner's agent. Such written authorization shall identify the 16 vehicle to be towed by make, model, and color and shall include the 17 legibly printed name of the agent or owner, as well as the agent's 18 or owner's signature. This written authorization shall be in 19 addition to anv written contract between the tow truck service and 20 the owner of the property or his agent. For purposes of this 21 subsection, "agent" shall not include any person who either (i) is 22 related by blood or marriage to the towing and recovery operator or 23 (ii) has a financial interest in the towing and recovery operator's 24 business. 25 (b) Written authorization shall not be required if the owner 26 or operator of the private property is a business and the business 27 is closed at the time of the tow. 28 (c) This section shall not apply to residential parking lots, 29 decks, garages, or spaces. 30 BE IT FURTHER ORDAINED that this ordinance shall become 31 effective on July 1, 2006. 32 33 Adopted by the City Council of the City of Virginia Beach, 34 Virginia, on this 27th day of June, 2006. 2 1 AN ORDINANCE APPROVING THE VIRGINIA BEACH 2 POLICE DEPARTMENT WRECKER LIST CRITERIA 3 (REVISED JUNE 6, 2006) 4 WHEREAS, the Virginia Beach Police Department directs tows of 5 vehicles from private property; 6 WHEREAS, the Police Department has established criteria for 7 tow companies that are authorized to carry out Police -directed 8 tows; and 9 WHEREAS, the "Virginia Beach Police Department Wrecker List 10 Criteria (Revised June 6, 2006)" has been reviewed by the City of 11 Virginia Beach Towing Advisory Board and City Council has received 12 its advice with respect to the same. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 1. That the City Council hereby approves the "Virginia Beach 16 Police Department Wrecker List Criteria (Revised June 6, 2006)," a 17 true copy of which is attached hereto; and 18 2. That this ordinance shall become effective on August 1, 19 2006. 20 Adopted by the Council of the City of Virginia Beach, 21 Virginia, on the 27th day of June , 2006. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Att.orc;ey's Office CA10070 H:\GG\Ordres\Tow Wrecker List Criteria.doc R2 June 22, 2006 VIRGINIA BEACH POLICE DEPARTMENT WRECKER LIST CRITERIA Revised June 6, 2006 I. Statement of purpose: A. The Virginia Beach Police Department administers a wrecker list for the purpose of towing vehicles for police necessity. Reasons for the requests include driver arrests, motor vehicle accident disability, traffic hazards and illegal parking on city property. B. Those wrecker services on the list have agreed to abide by the criteria as indicated on this Wrecker List Criteria. The Criteria do not include protocols for every conceivable towing problem or issue that may arise; wrecker list services are expected to use common sense and courtesy when dealing with the public, the police department and their fellow wrecker services. C. The police department intends to administer the list in a fair manner. However, there is no guarantee that each wrecker service on the list will have any specified number of calls, nor is there a guarantee that all wrecker list services will have an equal number of calls. D. Tow truck services accepted for the Police Wrecker List will be used on wrecker requests in the areas nearest their places of business. In the event multiple wrecker companies are located in close proximity, they will be called in rotation as needed. E. Due courtesy and professionalism are required of all wrecker service's staff. F. The criteria are in the best interests of the citizens, tow truck services and the City of Virginia Beach. They are subject to change with thirty days notice to all companies on the police wrecker list. G. Adherence to these criteria does not exempt any tow truck service operator from complying with Chapter 21, Article XI, Division 3 of the Code of the City of Virginia Beach or any applicable state laws regulating tow truck service operations. H. A violation of these criteria or applicable laws may result in the suspension or removal of a wrecker service from the Police Wrecker List. Compliance and violations are the purview and determination of the Chief of Police or his designee. Wrecker services are to fully cooperate with any investigation conducted by the police department. H. Qualifying criteria: A. An application is to be filed by the owner or manager for a wrecker service. This applicant must have control over the business practices and policies of the wrecker company. After each two-year period on the list, wrecker services must reapply. A wrecker service applicant can voluntarily have his wrecker service removed from the list at anytime with adequate notice to the Special Operations' Administrative Officer. B. The applicant may not have a conviction for any felony or any misdemeanor assault, fraud or larceny within 10 years of the application date. C. A wrecker service must have and maintain a current City of Virginia Beach business license and have been operating in good standing for at least a year prior to application. D. A wrecker service's business office and storage facility/compound must be collocated within the boundaries of Virginia Beach. E. A wrecker service's facilities must be in compliance with all provisions of the City Zoning Ordinances applicable to tow truck operations and storage of motor vehicles. F. The wrecker service facility must have signage indicating the business name that is capable of being read from the street on which its address is indicated. G. The office area where customers are received during business hours must have signage which can reasonably be seen from the outside of the business; this signage must list the name of the business, the hours of operation, and a method of contacting the business for vehicle recovery after business hours. H. In addition to above signage requirements, a sign shall be prominently displayed (so that it can be seen by customers in the parking lot) specifying the tow and storage rates. I. The office of a wrecker must have an entrance for customers that is outside of the locked fenced storage compound, or an unencumbered method for customers to enter the fenced compound to get to the office, or a means for a customer to contact an on-site staff member to gain entry. J. The office must be a building with a working heat source. A clean toilet facility must be available for customer use. A telephone must also be made available for customer use. K. A fenced locked compound (or capable of being locked during non -business hours) is required. The fencing is to be a minimum six-foot chain link fence with barbed wire across the top; if City Zoning Ordinances do not allow for this type of fencing in the zone where the wrecker service is located, then other appropriate security fencing is required. L. Wrecker services must have sufficient lighting to illuminate their customer parking area and the fenced compound area. M. Business operations: A. Every wrecker service must carry insurance meeting the requirements of the City's Office of Risk Management as specified in section 18-55.1 of the Code of the City of Virginia Beach. The applicant wrecker service must send a copy of their certificate of insurance to the Special Operations' Administrative Officer where it will be kept on file. Whenever the policy is renewed, the wrecker service is to send an updated copy of the insurance certificate. It is imperative that the Special Operations' Administrative Officer be informed of any changes to a company's insurance. B. All tows done under police authority shall be charged using rates not exceeding those specified under City Code 21-407 for non-consensual tows from private property, except as noted below. 2 C. Notwithstanding the tow charge authorized in IIIB of these criteria, for vehicles towed at police request from accident scenes, arrest scenes or as recovered stolen vehicles, an additional recovery charge is authorized in the following circumstances: the wrecker service has been on scene in excess of 30 minutes and the vehicle, due to its location or circumstance, requires the use of a winch for recovery. Such location or circumstance that would justify recovery costs are: the vehicle is in a ditch, down a slope, over a guard rail, in a body of water, intruding into a building or structure, abutting or adhering to a tree or similar object, within a wooded area, where the vehicle is overturned or in cases in which more than one wrecker is required for recovery. The allowable recovery charge in these circumstances is half the authorized tow rate (as stated in IIIB) per 30 -minute period beyond the first 30 minutes a wrecker is on scene. In order to document this recovery time, a wrecker driver may request the on scene investigating officer (or his designee) to record the arrival and completion times on the police department tow form (PD50-6). If it is determined that a wrecker service is intentionally delaying the time for recovery or misrepresenting the recovery time, that will be grounds for removal of that wrecker service from the police wrecker list. D. In circumstances in which police have requested a wrecker for which a driver is unavailable at the time of the request and an eligible driver arrives on the scene while the vehicle is being hooked up or after hook up but prior to leaving the scene, the vehicle is to be released for a drop fee in keeping with the rate not to exceed that specified in City Code 21-405. E. Wrecker service offices are to be staffed at a minimum of Monday — Friday from 9:00 A.M. to 5:00 P.M. During non -business hours, a wrecker service representative must be reachable to release a towed vehicle or allow release of personal property within the vehicle to the owner/custodian (as defined in City Code 21-400) in a minimum amount of time not to exceed two hours. However, in a case in which the vehicle was towed due to the arrest of the driver, the owner/custodian may only reclaim it between 9:00 A.M. to 5:00 P.M. seven days a week, or during normal business hours (if those hours exceed the hours stated above). In no case should a vehicle be released to a driver/custodian who appears to be alcohol or drug impaired. F. Tow trucks are to respond promptly when summoned. Reasonable response times are no longer than 20 minutes for a call during business hours and 30 minutes after business hours. If a delay in response occurs, the wrecker service is to immediately notify E911 Communications. There are exceptions for responses needed in rural areas or other extenuating circumstances. However, the importance of prompt response cannot be over -emphasized. When a wrecker service is called for a police requested tow, the operator is to advise the dispatcher of an E.T.A. G. In addition to cash payment of fees the acceptance of at least one of two commonly used nationally recognized credit cards is mandated by the City for all tows from public property (acceptance of credit card payment for drop fees is not mandated but is within the discretion of the tow truck service provider). Customers must be Oven reasonable notice of which major credit card is 3 acceptable as payment This notice is to be offered via telephone when a customer calls about retrieving a vehicle and posted on the office signage. If cash is offered for payment the wrecker service will provide change for customers who do not have the exact fee amount due. H. Wrecker operators may not accept a call from E911 Communications and then pass the call to another company. I. Any wrecker service unable to accept calls for a period of longer than two hours shall notify E911 Communications. Likewise, the wrecker service is to advise E911 Communications when it is again available for police calls. It is not necessary to notify E911 Communications each time a wrecker service is occupied with other than a police call, unless that wrecker service is going to be tied up longer than two hours. J. Companies must provide 24-hour service for the towing of vehicles at police request. K. Vehicles towed at police request must be towed to the company's Virginia Beach location and maintained there until otherwise lawfully removed. L. Each wrecker service must produce an invoice for each police requested tow. That invoice is to reflect that the tow was made from Virginia Beach. Additionally, the customer copy of the invoice or receipt will have the following conspicuously printed on it (or on a sticker attached to it): "NOTICE: Virginia Beach City Code 21-426(f) requires the tow company to offer you a Survey and Comment Form with this receipt." The Survey and Comment Form will be made available to those retrieving vehicles towed at City request. M. For vehicles that have not been retrieved by their owners within seven days of the tow, a VSA 41 Form (Mechanics or Storage Lien Application) is to be submitted to the Virginia Division of Motor Vehicles. Should a wrecker service encounter a problem while completing this process, they may contact the below listed police employee: Ms. Janice Little Virginia Beach Police Department Support Division — Records 2509 Princess Anne Road Virginia Beach Police Department Fax # 427-4089 Desk # 427-8172 If a vehicle is not recovered within seven days, wrecker services may charge a fee, not to exceed the amount authorized for private non-consensual tows in City Code 21-407(c), for the owner or lien holder search. N. Police requests to tow trailers, including boat trailers with boats, will be handled as motor vehicles for towing purposes. However, the Virginia Department of Game and Inland Fisheries is the agency for obtaining owner registration and lien holder information on boats. Assistance in this matter can be obtained from Ms. Janice Little, as noted in IIIM above. O. For cases in which a vehicle was impounded under the authority of Virginia State Code 46.2-301.1 and a court order had been issued for release of that vehicle, the wrecker service will release that vehicle to the owner/custodian. If the court order notes that the vehicle is to be released without cost to the owner, the wrecker F11 service shall release it without charging the owner/custodian; the wrecker service may then submit paperwork to the court for reimbursement of his tow and storage services as authorized by Virginia State Code 46.2-301.1B. However, if release of the vehicle is ordered but the court order does not specify that the release is to be without cost to the owner, then the vehicle may be released upon payment of applicable tow and storage charges by the owner/custodian. P. For cases in which a wrecker service tows a verified stolen vehicle (as determined by the assigned investigating officer), the wrecker service will release the vehicle to the owner/victim without charge. The wrecker company may then submit paperwork for reimbursement of tow and storage services as authorized by Virginia State Code 46.2-1209. Q. In order to maintain public peace and good order, a police officer may order the release of a vehicle for city requested tows in keeping with circumstances outlined for private non-consensual tows as noted in City Code 21-406(d). IV. Wrecker requirements: A. Tow trucks must be of sufficient size and adequately equipped to handle any vehicle (up to 8,000 pounds) involved in an accident or otherwise disabled. B. Each tow truck must be equipped with a winch with a minimum pulling or hoisting power of 8,000 pounds. C. In addition to standard lighting required on motor vehicles, tow trucks must be equipped with flashing, blinking or alternating (rotating) amber lights as required by Virginia State Code 46.2-1025. D. Tow trucks are required to have either permanently mounted signs or signs painted directly on the sides in keeping with the direction of Virginia Beach City Code 21-404. Removable magnetic signs are not acceptable. Lettering must be at least two inches in height. These signs must state the name, Virginia Beach address and phone number of the wrecker company. E. Tow truck operators are responsible for the clean up and removal of debris from an accident scene before departing as required by section 18.2-324 of the Code of Virginia. Therefore, wreckers are to be equipped with a broom, shovel, debris container, and a minimum of five gallons of a fluid absorbing substance•, this five gallons is the minimum that is to be carried on board; however, if more is needed, wrecker operators are to have quick access to more. If two or more wrecker operators are summoned to police scenes, they are equally responsible and cooperation is expected for clean up. Debris from clean up is not to be deposited into a vehicle towed from the scene. F. Wrecker operators are not to remove a vehicle from an accident or arrest scene until directed to do so by the investigating officer or his designee. Officers should stand by the scene of a tow until the tow truck operator has completed any necessary clean up and is ready to depart the scene with the vehicle. G. All wreckers to be used on police requested tows will be inspected by the Police Department Special Operations' Administrative Officer. Any and all deletions, additions and replacements of wreckers must be reported immediately to the Police Department's Special Operations' Administrative Officer so inspection can be performed. H. Wrecker operators must possess a valid operator's license. Operators of wreckers in excess of 26,000 pounds must also possess a Class "A" commercial operator's license and current medical examiner's card. All wrecker drivers must be sober, reliable and responsible in the operation of their equipment. V. Special Considerations for Resort Area Towing: A. Those wrecker companies on the Police Wrecker List located in close proximity to the Oceanfront may be considered for use in towing police requests for RPP violations, city parking deck/lot violations, and other city parking violations. Those wrecker services used for this purpose will be at the discretion of the Chief of Police or his designee. B. Those wrecker companies selected to assist the City by towing for these violations must also staff their offices between 7:00 P.M. and 4 A.M., seven days a week from Friday of Memorial Day weekend through Labor Day. C. When a wrecker has been requested to tow a vehicle using the RPP sticker system, the wrecker service shall report the tow information regarding that vehicle to E911 Communications within 30 minutes of the tow. If a vehicle is gone upon arrival of the requested wrecker service, that wrecker service shall report that fact to E911 Communications within 30 minutes of that discovery. D. Response to police requests for RPP towing will be as soon as practical. However, other (accident, arrest and traffic hazard) police calls are to take priority. Approved as to Content: A. M. Jacocks, Jr., Chief of Police 3 Approved as to Legal Sufficiency: Kathy D. Rountree, Public Safety Attorney -30 - Item V J.2.c. ORDINANCES ITEM #55359 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinances to AMEND the City Code and Criteria re Towing: C. AMEND §21-407 re charges for towing and storage of vehicles Voting: 7-3 (By Consent) Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: Mayor Meyera E. Oberndorf, Reba S. McClanan and Rosemary Wilson Council Members Absent: Harry E. Diezel June 27, 2006 1 AN ORDINANCE TO AMEND CITY CODE SECTION 21-407 2 PERTAINING TO CHARGES FOR TOWING 3 4 SECTION AMENDED: § 21-407 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 21-407 is hereby amended and reordained, to read 8 as follows: 9 Sec. 21-407. Charges for towing and storage of vehicle; receipt 10 required. 11 12 (a) No tow truck service or operator operating within the 13 city shall, at any time, charge a basic towing fee greater than the 14 fees set forth below: 15 TABLE INSET: Gross weight of vehicle Maximum fee 11,000 pounds or less $x§125.00 11,001 pounds or more $285.00 16 The basic fee shall be inclusive of any additional towing services 17 such as the use of a dolly. This subsection shall apply only when a 18 vehicle is moved or towed without the prior consent and agreement 19 of the owner or custodian of the vehicle. 20 (b) No tow truck service or operator shall assess any charges 21 for storage for the initial twenty-four (24) hours, nor charge more 22 than twenty dollars ($20.00) per twenty -four-hour period 23 thereafter, for any vehicle with a gross weight of 11,000 pounds or 24 less removed from private property without the consent of the owner 25 or custodian of the vehicle, whether such tow originates in this 26 city or any other jurisdiction. For vehicles with a gross weight of 27 more than 11,000 pounds, a storage fee not to exceed twenty dollars 28 ($20.00) per twenty -four-hour period may be assessed after the 29 first twenty-four (24) hours. Delays caused by storage yard 30 personnel shall not be included when computing storage charges. 31 (c) If any vehicle is not redeemed within seven (7) days 32 after it is towed, the tow truck service shall be entitled to 33 recover an additional fee, not to exceed fifty dollars ($50.00), as 34 payment for the cost of any search conducted to determine the 35 registered owner and lien holder, if any, of the vehicle. 36 (d) No tow truck service or operator shall charge any fee for 37 mileage, or any other fee in addition to the basic towing fee set 38 forth in subsection (a) above. 39 (e) A monetary receipt for each and every fee collected must 40 be given to those persons whose vehicles have been towed by a tow 41 truck service, or released after hook up, upon release of the 42 vehicle. The information on the receipt must be clearly legible and 43 include the time, date and place of the tow, the name of the tow 44 truck operator who made the tow, and the name of the tow truck 45 service for which said operator works. The receipt must also list 46 the amount of money paid for the release of the vehicle, any 47 additional charges incurred in the tow, and the reason for said 48 additional charges. The following shall be printed conspicuously on 49 every receipt: "NOTICE: Virginia Beach City Code § 21-407(f) 2 50 requires the tow company to offer you a Survey and Comment Form 51 with this receipt." A copy of the receipt must be retained by the 52 tow truck service for a period of one (1) year and shall be made 53 available for inspection by city police or the commissioner of the 54 revenue during normal business hours of the tow truck service 55 owner. 56 (f) A survey and comment form, developed by the Towing 57 Advisory Board, shall be offered to those persons whose vehicles 58 have been towed by a tow truck service, or released after hookup, 59 upon release of the vehicle. 60 Adopted by the City Council of the City of Virginia Beach, 61 Virginia, on this 27th day of June, 2006. 3 -31 - Item V.J.3. ORDINANCES ITEM #55360 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ACCEPT a Zodiac Classic Mark 2 inflatable marine vessel as a donation from Zodiac Boats to the Police Marine Patrol Unit Voting: 10-0 (By Consent) Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel June 27, 2006 I AN ORDINANCE TO ACCEPT A DONATION OF A 2 121/ FOOT ZODIAC CLASSIC MARK 2 3 INFLATABLE MARINE VESSEL FROM ZODIAC 4 BOATS TO THE VIRGINIA BEACH POLICE 5 MARINE UNIT PATROL 6 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That a donation of a 12 1/z foot Zodiac Classic Mark 2 11 Inflatable Marine Vessel valued at approximately $9,000.00 from 12 Zodiac Boats is hereby accepted. This equipment will be used by 13 the Virginia Beach Police Marine Unit Patrol. The City of 14 Virginia Beach shall not be responsible for the replacement of 15 this equipment. 16 Adopted by the Council of the City of Virginia Beach, 17 Virginia on the 27th day of June, 2006. -32 - Item V J.4.a. ORDINANCES ITEM #55361 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to execute a lease of less than five (5) years with the Commonwealth of Virginia for office space in the Judicial Center at 2425 Nimmo Parkway: a. Department of General Services, [eight thousand (8,000) square feet] re housing and operating the adult probation and parole office. Voting: 10-0 (By Consent) Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel June 27, 2006 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE FOR LESS THAN FIVE YEARS WITH THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF GENERAL SERVICES, FOR 8,000 SQUARE FEET OF OFFICE SPACE IN THE JUDICIAL CENTER LOCATED AT 2425 NIMMO PARKWAY IN THE CITY OF VIRGINIA BEACH TO HOUSE AND OPERATE THE ADULT PROBATION AND PAROLE OFFICE WHEREAS, the City of Virginia Beach ("the City") is the owner of the Judicial Center located at 2425 Nimmo Parkway in 14 Virginia Beach, Virginia; 15 WHEREAS, the Commonwealth of Virginia, Department of 16 General Services ("the Commonwealth") would like to enter into a 17 formal lease arrangement with the City for approximately 8,000 18 square feet of office space located in the Judicial Center (the 19 "Premises"); 20 WHEREAS, the Premises will be utilized as an Adult 21 Probation and Parole office; 22 WHEREAS, the Commonwealth has agreed to pay the City 23 $106,000 for the use of this property for the first twelve-month 24 period; 25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 26 CITY OF VIRGINIA BEACH, VIRGINIA: 27 That the City Manager is hereby authorized to execute a 28 lease for a term of less than five (5) years between the 29 Commonwealth of Virginia, Department of General Services and the 30 City of Virginia Beach for the Premises in accordance with the 31 Summary of Terms attached hereto and such other terms, 32 conditions or modifications as may be satisfactory to the City 33 Attorney and the City Manager. 34 Adopted by the Council of the City of Virginia Beach, 35 Virginia on the 27th day of July , 2006. CA10004 X:\OID\REAL ESTATE\LEASES\Commonwealth of Virginia (DOC)\Adult Probation Parole ORD.doc R-1 6/16/2006 APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM fv C't A torney r Departm nt of anagement Services SUMMARY OF TERMS LEASE FOR THE USE OF 8,000 SQUARE FEET OF OFFICE SPACE OF CITY REAL PROPERTY LESSOR: City of Virginia Beach LESSEE: Commonwealth of Virginia, Department of General Services PREMISES: Office Space comprised of approximately 8,000 square feet in the Judicial Center located at 2425 Nimmo Parkway in the City of Virginia Beach TERM: June 1, 2006 through May 31, 2010 RENT: Rent for Year one (1) shall be $106,000, payable in equal monthly installments of $8,833.33. Rent will increase annually by 3% per year. RIGHTS AND RESPONSIBILITIES OF THE COMMONWEALTH OF VIRGINIA: • Will use the Premises for housing its Adult Probation and Parole office. • Will maintain hours of operation between 7:15 a.m. and 7:00 p.m. Monday through Friday. • Will be responsible for all liabilities caused by the negligence or omissions of its agents and employees. • Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF THE CITY: • Will keep, repair, and maintain the Premises at its expense and will do so in a workmanlike manner. • Will maintain insurance coverage on the Premises against casualty loss and general commercial liability insurance. • Will have access to the premises at any time, without prior notice, in the event of an emergency. TERMINATION: Either party may terminate the Lease at the end of the Initial Term or any Renewal Term upon providing a minimum of three (3) months' written notice to the other party. HY �; El1ai1MIIWAIO T T T lA co M i6 V OcmN u = m.2 ED N � W E y L � o 7 L1 O .0 CL a� t 0 V O .>`. y N.~ .p i❑e X U O M 0 =° C p •� G � d � 'C ° G o c> u � is � � moo � ° ° � o y bD � � a R: U. Gai UT a � •, �-7 C N U V] Q q G . C o .° C N G N N C o ti O U�"oU°C°oroHon�Aaaon� a.��.��dQ�v.��m�o�oi�"° c o Q u °p µ 3 y c v� d 5 w g c g o.,^ u.F �U�o Q',xAUwc,a+a,a.0 �,� � 0U o q �U�v'ci WU?Uw'Siidwv",v°iU�n.�vpiaOw� C70aFwaw _ _ -33 - Item V J.4.b. ORDINANCES ITEM #55362 Phil Back, 2585 Alleghany Loop, Phone; 430-2043, Executive Director — Commonwealth Support System, expressed concern relative the verbiage of the agenda item. The Contract is with the Commonwealth support systems not Commonwealth of Virginia Commonwealth Support Systems is a non-profit organization that assists person with disabilities. Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to execute a lease of less than five (5) years with Commonwealth Support Systems for office space in the Judicial Center at 2425 Nimmo Parkway (2,300 square feet of space located on the ground floor). Voting: 10-0 Council Members Voting Aye.- Robert ye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel June 27, 2006 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR LESS 3 THAN FIVE YEARS WITH COMMONWEALTH 4 SUPPORT SYSTEMS FOR 2,300 SQUARE FEET 5 OF SPACE LOCATED ON THE GROUND FLOOR OF 6 THE JUDICIAL CENTER AT 2425 NIMMO 7 PARKWAY, VIRGINIA BEACH, VIRGINIA 8 9 WHEREAS, the City of Virginia Beach ("the City") is the 10 owner of a 2,300 square foot cafeteria on the ground floor of 11 the Judicial Center located at 2425 Nimmo Parkway in Virginia 12 Beach, Virginia (the "Premises"); 13 WHEREAS, Commonwealth Support Systems, a non-profit 14 organization that assists persons with disabilities, 15 ("Commonwealth") would like to enter into a formal lease 16 arrangement with the City for the operation of the Premises; 17 WHEREAS, the Premises will be utilized as a Cafeteria for 18 visitors and employees of the Judicial Center and also be 19 utilized as a training center for disabled employees; 20 WHEREAS, Commonwealth Support Services due to the 21 charitable nature of the organization, has agreed to pay the 22 City $1.00 per year for an initial one-year term with four 23 (4)mutual one-year renewal options; 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 25 CITY OF VIRGINIA BEACH, VIRGINIA: 26 27 28 29 30 31 32 33 That the City Manager is hereby authorized to execute a lease for a term of less than five (5) years between Commonwealth Support Systems and the City, for the Premises in accordance with the Summary of Terms attached hereto and such other terms, conditions or modifications as may be satisfactory to the City Attorney and the City Manager. Adopted by the Council of the City of Virginia Beach, Virginia on the 27th day of June , 2006. CA -9999 X:\OID\REAL ESTATE\LEASES\COMMONWEALTH SUPPORT SYSTEMS\ordinance.DOC R-1 June 16, 2006 APPROVED AS TO LEGAL SUFFICIENCY AND Signature APPROVED AS TO CONTENT Si�,gnat re r Department SUMMARY OF TERMS LEASE FOR THE USE OF 2,300 SQUARE FEET OF CITY REAL PROPERTY AND IMPROVEMENTS THEREON LESSOR: CITY OF VIRGINIA BEACH LESSEE: COMMONWEALTH SUPPORT SYSTEMS, INC. PREMISES: Approximately 2,300 Square Feet of City property, comprising the cafeteria on the ground floor of the Judicial Center located at 2425 Nimmo Parkway in Virginia Beach, Virginia. TERM: August 1, 2006 through July 31, 2007 with four optional one-year renewals upon mutual agreement. RENT: Rent shall be One Dollar ($1.00) Per Annum RIGHTS AND RESPONSIBILITIES OF COMMONWEALTH SUPPORT SYSTEMS, INC: • Will use the Premises as a food services cafeteria. • Will remain open to the general public every Monday through Friday except for holidays observed by the City of Virginia Beach or the Commonwealth of Virginia. • Will maintain commercial general liability insurance with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. • Will assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF THE CITY: • Will have access to the Premises at reasonable times, during normal business hours, for the purposes of inspecting or repairing the Premises; however, no notice need be given in the event of an emergency. • Will maintain the Premises in good condition and repair, including all buildings and improvements, sidewalks, and landscaping. • Will provide payment for all water, sewer, and stormwater utility costs, and for the costs of waste collection. TERMINATION: In the event of a default by the Tenant, the City may terminate the Lease whereupon Tenant shall quit and surrender the Premises to the City. X:\OID\REAL ESTATE\LEASES\COMMONWEALTH SUPPORT SYSTEMS\SUMMARY OF TERMS.doc JUDICIAL CENTER CAFETERIA LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease"), made this day of , 2006 by and between the City of Virginia Beach, a municipal corporation, party of the first part, hereinafter referred to as the City, and Commonwealth Support Systems, Inc., a Virginia corporation, party of the second part, hereinafter referred to as Tenant, whose place of business is located at 349 Southport Circle, Suite 107, Virginia Beach, VA 23452. WITNESSETH: That for and in consideration of the terms, conditions, covenants, promises, and agreements herein made, the City does hereby lease to Tenant the following described premises (hereinafter referred as the "Premises" or the "Demised Premises"), being all that certain space shown on the floor plan hereto attached, made a part hereof and marked as Exhibit A, together with that certain equipment designated to be provided by Owner listed on Exhibit B hereto attached and made a part hereof, upon the terms and conditions hereinafter set forth. 1. USE OF PREMISES: (a). The Demised Premises shall be used only as a food services cafeteria and for the retail sale of minor items of prepackaged food, such as candy, cookies and chewing gum. Tenant shall not use, or allow the Demised Premises to be used, for any other purpose other than expressly stated in this Agreement. (b). No alcohol or alcoholic beverages shall be sold or consumed in or upon the Demised Premises at any time. Tenant shall not permit containers of alcohol or alcoholic beverages, unopened or otherwise, in or upon the Demised Premises. Tenant shall not conduct, or allow to be conducted, any illicit activity in or upon the Demised Premises at any time. (c). Tenant shall not allow any person, other than bona fide employees or other persons approved by the City, to remain in or upon the Demised Premises at any time except during regular business hours when the Premises is open to the general public. 2. TERM OF LEASE: The term of this lease shall be for one (1) year, commencing on 2006 ("Commencement Date") and expiring, unless sooner terminated in accordance with the provisions of this Agreement, at midnight on 2007 (the "Initial Term"). Upon mutual agreement of the parties hereto, the Agreement may be renewed for four additional one -year terms on the same terms and conditions as set forth herein ("Renewal Term"). Unless otherwise terminated as provided herein, at the end of the Initial Term this Lease shall automatically renew and continue in full force and effect from year to year at the same annual rental, subject to all terms, conditions, covenants, promises, and agreements herein contained. It is understood this contract is being made with a non-profit corporation and if the ability to operate for cost ceases, Tenant may provide the City 30 days' notice to terminate the Lease. 3. RENT: Rent for the Demised Premises, beginning with the Commencement Date of the Initial Term of this Lease, shall be $1.00 annually during the term of this Lease and any Renewal Term hereof, which Tenant shall pay to the City, in advance, at such place as may be designated by the City. 2 4. BUSINESS RECORDS: (a). Tenant shall keep on the Demised Premises, or at a location made known to the City by Tenant, for a period of at least one (1) year following the end of each lease year, a complete and accurate record of all gross sales of merchandise and service and all other revenue derived from business conducted at, in, from and upon the Demised Premises during each fiscal year (July -June). Tenant further agrees to keep for at least (1) year after the expiration of each preceding lease year all original sales records, sales slips, sales checks and other original sales records. (b). Accurate nonresettable cash registers or an alternative form or other modern system shall be furnished, installed, kept and used by Tenant within the Premises, which register or system shall record and preserve, in complete detail, all items comprising gross sales. All such items, including sales tax reports, business and occupation tax reports, and all other records and books kept by Tenant in relation to its business conducted at the Demised Premises, shall be open to the inspection and audit of the City, or persons designated by the City, during ordinary business hours. Such records shall be kept separately and apart from any records maintained by Tenant in connection with any other business enterprise. 5. HOURS OF OPERATION: (a). The food services cafeteria contemplated by this Agreement shall be open for business Monday through Friday, with the exception of holidays observed by the City of Virginia Beach and/or Commonwealth of Virginia or for reasons of emergency. Presently, City observed holidays are: New Year's Day, Martin Luther King, Jr. Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Friday after Thanksgiving 3 Day, Christmas Day, and one-half the regular workday the twenty-fourth day of December except when Christmas Eve falls on a Friday, Saturday, or Sunday. (b). In the event major repairs to the Demised Premises are necessary, and such repairs cannot be made practicably during normal business hours, Tenant shall be required to close the food services cafeteria while such repairs are being performed. 6. SERVICE: (a). It will be the direct responsibility of the Tenant to manage the Premises in accordance with such policies, standards, and procedures as may be established by the City. (b). The Tenant shall prepare and serve food and beverage on the City's regular business days. Advertised meal times will be promptly observed regarding opening of the cafeteria and the serving lines. 7. PERSONNEL: (a). The Tenant shall employ Manager (s), acceptable to the City of Virginia Beach, responsible for all food service functions at the Demised Premises and sufficient staff to operate the food services cafeteria. (b). The Tenant will recruit, train, supervise, direct, discipline, and if necessary, discharge any and all of its personnel working in the Premises. All personnel furnished by the Tenant shall at all times and for all purposes be solely in the employment of the Tenant. (c). The Tenant shall require employees to comply with all instructions, regulations, and codes of conduct as specified by the City. 0 (d). The Tenant shall require all employees to meet the appropriate health standards prescribed by municipal, state and federal laws and regulations. (e). Employees of Tenant whose duties require direct contact with customers must be able to effectively communicate regarding menu items and other matters involving customer service. (f). Employees of the Tenant shall be appropriately attired and easily recognized when performing their work assignments at the premises. The term "appropriate attire" is interpreted to include all apparel, name tags, hats, hair nets, etc. Attire will be distinctive so as to clearly identify Tenant's personnel. (g). Attire shall be clean, unstained, well -fitting, and repaired. They shall not contain commercial advertising except that hats or name tags may contain the Tenant's name. Shoes shall meet sanitation and safety requirements. Open -toed shoes or sandals shall not be worn. (h). All personnel shall wear name tags furnished by the Tenant with a minimum of the last name, i.e., Mr. Edwards, Mrs. or Ms. Jones, etc. In addition, the tags worn by the Managers and Supervisors shall indicate their job titles. (i). The Tenant shall require all employees to utilize authorized and designated entrances and exits during working hours. 0). The Tenant shall assure that the Manager or an immediate assistant will be in the premises during all hours of operation and will be available to customers during peak hours. (k). The Tenant shall bear financial responsibility for any vandalism or loss due to dishonest acts on the part of his employees. 5 (1). The Tenant shall notify the Facilities Management Office of impending labor, employee, vendor, or any other circumstances that could adversely affect the operation of the food services cafeteria. 8. GOODS AND FOODSTUFFS: Tenant shall keep upon the Demised Premises, or have ready access to, sufficient quantities of goods and foodstuffs to have the same available for use without disruption of the business of Tenant. All foods served or sold by Tenant shall be of good quality and shall meet or exceed all applicable federal, state and local regulations and standards. The specifications for these products shall be no less than the following federally recognized grades: Dairy Products Butter Meat Fish Frozen Fruits & Vegetables Poultry Products 9. QUALITY STANDARDS: Grade A 93 Score U.S.D.A. Inspected Choice U.S. Government Inspected Highest Quality Available U.S.D.A. Inspected -Grade A The Tenant shall serve tasty, appetizing, wholesome, and nutritional foods under clean and sanitary conditions. The Tenant shall maintain the high-quality standards of the City through strict adherence to established purchase specifications, standard recipes, cooking techniques and temperatures, and portion sizes. n 10. SANITATION AND SAFETY: Tenant shall maintain, at all times, the premises in a clean and sanitary manner in accordance with all federal, state, and municipal laws, codes, and regulations. The Tenant shall train all employees to follow a "clean -as -you -go" policy. The premises are subject to inspection by the City of Virginia Beach Department of Environmental Protection as well as authorized health officials and others at any time. Pest Control and like services shall be provided by Tenant on a regularly scheduled basis. 11. MENUS: The Tenant shall be responsible for providing a variety of quality and nutritionally prepared foods at a reasonable price. 12. CASHIERING: (a). The Tenant shall be responsible for providing the necessary electronic cash registers for the food service facility, to include their installation, and assumption of their maintenance requirements. A cash register system shall be selected according to the following specifications. (i) The machines shall be electronic cash registers. (ii) The registers shall issue an itemized receipt. (iii) An abstract of food items sold with price extensions will be automatically prepared by the register on a daily basis. (b). The Tenant shall insure that a sufficient number of cash registers are available to adequately meet the requirements of each food service area. 7 13. PERFORMANCE STANDARDS: In addition to the requirement specified in this Agreement, the following performance standards are required of the Tenant. (a). Current weeks' menus posted at all times. (b). Cafeteria manager or immediate assistant shall be on serving area or dining area floor during lunch period to monitor operations and assist customers. Under no circumstances will managers replace cashiers on a full-time basis. (c). A cashier shall be at registers at all times. (d). All prices must be clearly marked and posted, and displayed next to item, i.e., salads, deserts, bottled juices. (e). Calorie, fat, and cholesterol counts, for all entrees shall be posted and displayed. Fiber and sodium counts shall be provided when available. (f). Tenant shall provide customer comment and suggestion cards at food service cafeteria and also conduct a quarterly Customer Satisfaction Survey. Results of survey are to be submitted to the Facilities Management Office. (g). The Tenant is expected to be especially attentive about cleanliness in all areas: serving, dining, cooking, kitchen, storage, dishwasher, and refrigerator. 14. REFUSE: Tenant shall deliver refuse to the Trash Room located on the ground floor of the Court Building, Rm. B002, and ensure that all refuse is placed in such containers as may be required by the City. Grease shall not be disposed of through the building sanitary sewer system. 1.1 15. UTILITIES: (a). The City shall provide the following utilities and services for the premises: Electricity; Gas; Heating per building policies of the City of Virginia Beach Government's Energy Conservation Program; Air conditioning per building policies of the City of Virginia Beach Government's Energy Conservation Program; hot and cold running water; Ventilation; Building maintenance and repairs for major structural items such as surfaces, walls, and ceiling, and the replacement of light bulbs in all light fixtures requiring relamping. (b). The City shall not guarantee the uninterrupted provision of the above utilities and service except to insure that all reasonable and diligent efforts will be pursued in restoring any interrupted service. The City shall not be liable for product or revenue loss which may result from interruptions or failure of the above services. 16. OFFICE EQUIPMENT: The Tenant shall be responsible for procuring, installing, and maintaining its own telephone, copier, computer, and general office equipment used in the premises. Unless otherwise authorized, the Tenant shall be prohibited from using telephone, copier, computer or general office equipment that is owned, rented, or leased by the City. 17. EQUIPMENT AND MAINTENANCE: (a). The Tenant shall make, or cause to be made, repairs to equipment, fixtures, paraphernalia and utensils used in the preparation, handling and serving of food and beverage, or otherwise used in connection with the operation of the cafeteria whether supplied by the City or the Tenant. Any item not repairable shall be replaced at Tenant's expense. The Tenant shall not E make or cause to have made any major repairs or modifications to the physical structures (walls, ceilings, floors, etc.) without the prior written approval of the Facilities Management Office. (b). The Tenant shall be responsible to maintain all kitchen equipment provided by the City and Tenant. (c). The Tenant shall prepare, initiate, and maintain a complete preventive maintenance program for the food service equipment located in the premises. (d). The City shall provide and install, and replace at its end of useful life, either new or used, all food service equipment listed in Exhibit B_ Exhibit B may be modified as mutually agreed by both parties during any equipment replacement process. Equipment supplied by the Owner (City) shall remain the property of the City. (e). Damage to any equipment, facilities, or property of the City due to misuse or neglect on the part of the Tenant or his employees shall be repaired or replaced to the satisfaction of the City at the expense of the Tenant. (f). Tenant shall be responsible for the periodic maintenance of the three grease traps located in the demised premises. 18. GRAPHICS: The Tenant will be authorized to display his logos within the food service areas of the City of Virginia Beach. 10 19. ASSIGNMENT OR SUBLETTING: Tenant shall not assign this Agreement or sublet or encumber the Demised Premises or any portion thereof, or permit the Demised Premises or any portion thereof to be used by any person or entity other than Tenant or its patrons without the prior written consent of the City. 20. ALTERATIONS AND ADDITIONS: (a). Tenant shall not make, or cause or allow to be made, any alterations, additions or improvements to the Demised Premises without the prior written consent of the City. All alterations, additions or improvements, except as may be removed without damage to the Premises, and all fixtures, shall become the sole and entire property of the City upon the expiration or termination of this Agreement. (b). Tenant shall not place, or cause or allow to be placed, any sign or other advertising display or device upon or about the Demised Premises, without the prior written consent of the City. 21. FIRE AND OTHER EMERGENCIES: The Tenant shall immediately call the City of Virginia Beach Fire Department and notify the Facilities Management Office in the event of fire or other emergency. All employees shall be trained by the Tenant and shall comply with respect to fire, civil defense, bomb threat, and other emergency procedures established by the City of Virginia Beach. 11 22. SECURITY: The Tenant's security perimeter includes all of the food service space previously described and identified. The areas under the Tenant's jurisdiction shall be their responsibility relative to security at all times. The City of Virginia Beach provides periodic patrol of the City Municipal Center buildings during non-business/working hours. The food service facilities have been equipped with locking systems separate and apart from other areas of the City Office buildings. Designated employees of the Tenant shall have the responsibility to secure the areas following normal operating hours; designated employees of the Tenant shall have the responsibility for determining that all appropriate equipment and lights have been turned off, and appropriate doors locked as necessary when facilities are closed. A complete set of keys (excluding those used for cash control) for the premises shall be supplied to the Facilities Management Office upon request. 23. LIENS AGAINST DEMISED PREMISES: Tenant agrees to do or permit no act which will cause a lien of any nature to be placed upon the Demised Premises, and further agrees to indemnify the City for any and all liabilities incurred by Tenant, or its agents or employees, claimed or charged against the Demised Premises. 24. INDEMNITY AND HOLD HARMLESS: It is understood and agreed that Tenant hereby assumes the entire responsibility and liability for any and all damages to persons or property caused by or resulting from or arising out of any act or omission on the part of the Tenant, its subcontractors, agents or employees under or 12 in connection with this Agreement or the performance or failure to perform any work required by this Agreement. The Tenant shall save harmless and indemnify the City and its agents, volunteers, servants, employees and officers from and against any and all claims, losses or expenses, including but not limited to attorney's fees, which either or both of them may suffer, pay or incur as the result of claims or suits due to, arising out of or in connection with any and all such damage, real or alleged, and Tenant shall, upon written demand by the City assume and defend at the Tenant's sole expense any and all such suits or defense of claims. 25. INSURANCE: The Tenant agrees to secure and maintain in full force and effect at all times during the period this Agreement is in effect, the following policies of insurance: (a). Workers' Compensation Insurance as required under title 65.1 of the Code of Virginia. (b). Comprehensive General Liability Insurance, including contractual liability and products and completed operations liability coverage in an amount no less than one million dollars ($1,000,000) combined single limits (CSL). Such insurance shall name the City of Virginia Beach as an additional insured. All policies of insurance required herein shall be in a form and written by insurance companies acceptable to the City, and shall carry the provision, that the insurance will not be canceled or materially modified without thirty days (30) prior written notice to the City. 13 26. INSPECTION AND ACCESS: (a). The City shall have the right to enter the Demised Premises at any reasonable time, upon reasonable advance notice to Tenant, for the purpose of inspecting the same or to make such alterations, repairs or improvements as the City may deem necessary or desirable. (b). The City, by its authorized personnel or agents, shall have the right to enter the Demised Premises at any time, with or without notice to Tenant, in cases of emergency. 27. FORCE MAJEURE: Neither party shall be obligated to perform hereunder and neither shall be in default if performance is prevented by fire, earthquake, flood, act of God, failure of utilities, riot, civil commotion or other occurrences of like nature, and law, ordinance, rule, regulation, or order of any public or military authority. Tenant shall not be deemed to be in default to the extent that its performance is prevented by strikes or labor disputes other than strikes and labor disputes between Tenant and its own employees and, provided further, that this provision shall not excuse performance where any alternate supply of products, labor or services is available. 28. BANKRUPTCY OR INSOLVENCY: In the event Tenant shall file for bankruptcy or reorganization or be adjudicated bankrupt or insolvent or make any assignment for the benefit of creditors, or in the event Tenant's leasehold interest in the Demised Premises shall be subjected to execution or legal process, or in the event Tenant shall go into receivership, the City shall have the right to terminate this Agreement immediately, irrespective of whether Tenant is in default of any of the terms of this Agreement. 14 29. ABANDONMENT OR BREACH: In the event Tenant shall abandon the Demised Premises or breach any of the provisions of this Agreement and such abandonment or breach is not cured by Tenant within five days of delivery or mailing to Tenant of written notice of such abandonment or breach, the City shall have the right to terminate this Agreement. Such termination shall be effective upon the mailing or delivery to Tenant of notice of termination. In the event of termination hereunder, the City shall have the right to reenter and relet the Demised Premises and shall have the right to exercise any of its rights and remedies under applicable law. 30. NOTIFICATION: Any notifications required by this Agreement shall be delivered in person to, or mailed, certified mail, to: Tenant: City of Virginia Beach Facilities Management Office Municipal Center, Building #18 - Room 228 Virginia Beach, VA 23456 (757) 427-8234 Commonwealth Support Systems, Inc. 349 Southport Circle, Suite 107 Virginia Beach, VA 23452 31. SURRENDER OF PREMISES: (a). Tenant shall, upon the expiration or earlier termination of this Agreement, surrender the Demised Premises to the City in as good condition and repair as at the commencement of the term of this Agreement, reasonable wear and tear excepted. 15 (b). Tenant's equipment and service wares shall be removed from the City's premises within forty-eight (48) hours following the expiration of the term of this Agreement. (c) Tenant shall provide the City with a list of equipment and service wares that are supplied by Tenant throughout the term of this Agreement. 32. EXCLUSIVITY: During the term of this Agreement, Tenant shall have the exclusive right to operate a food services cafeteria located in the Premises. 33. LOSS OF PROPERTY: The City shall not be liable for the loss of any property of Tenant, or of its employees or agents, irrespective of the cause thereof. 34. NO PARTNERSHIP OR JOINT VENTURE: (a). It is understood and agreed by the parties hereto that they do not stand in the relationship of partners or joint venturers in connection with the operation of the restaurant establishment contemplated by this Agreement. It is further understood and agreed by the parties that neither party shall be held responsible for the debts or obligations of the other. (b). Tenant hereby acknowledges and agrees that its employees and agents are those of Tenant and not of the City, and nothing in this Agreement shall be deemed or construed to create or imply any employment or agency relation between the City and any of Tenant's employees or agents. 16 35. APPLICABLE LAW: This Agreement shall be deemed to be a Virginia contract and shall be governed as to all matters whether of validity, interpretation, obligation, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Agreement shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. 36. COMPLIANCE WITH ALL LAWS/NONPROFIT STATUS: Tenant shall comply with all federal, state and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the performance of scope of work set forth herein. Tenant represents that it possesses all necessary licenses and permits required to conduct its business and will acquire and additional licenses and permits necessary for performance of this contract prior to the initiation of work. Tenant further represents that it is a corporation in good standing in the Commonwealth of Virginia and will remain in good standing throughout the term of the Agreement. Tenant further represents that it is a tax-exempt organization as described in Internal Revenue Code (IRC) Section 501 (c) (3) and will maintain this status during the Initial Term of this Lease and any subsequent Renewal Terms. Tenant shall at all times observe all health and safety measures and precautions necessary for the sanitary and safe performance of the contracted work. 17 37. VENUE: Any and all suits for any claims or for any and every breach or dispute arising out of this contract shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. 38. SEVERABILITY: In the event any of the provisions of this Agreement shall be declared invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. 39. NONDISCRIMINATION CLAUSE: (a). During the performance of this Agreement, the Tenant agrees as follows: (i) The Tenant, shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of the Tenant. The Tenant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (ii) The Tenant, in all solicitations or advertisements for employees placed by or on behalf of the Tenant, will state that such Tenant is an equal opportunity employer. `R (iii) Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements herein. (b). The Tenant shall include provisions of the foregoing subparagraphs, (i), (ii), and (iii) in every subcontract or purchase order of over ten thousand dollars ($10,000.00), so that the provisions will be binding upon such subcontractor or vendor. 40. SIGNATURE OF THE PARTIES: As evidence of their agreement to the terms and conditions set forth herein, the parties affix their authorized signatures hereto: 19 CITY OF VIRGINIA BEACH, VIRGINIA: Purchasing Agent TENANT: COMMONWEALTH SUPPORT SYSTEMS, INC. Un Title: EAL) Approved As To Content: Facilities Wnagemene Approved As To Legal Sufficiency d Form: [(/w � q, gnature STATE OF CITY/COUNTY OF Approved to Risk Management: to -wit: Signature The foregoing instrument was acknowledged and sworn before me this of , 2006 by STATE OF CITY/COUNTY OF Notary Public My commission expires: to -wit: The foregoing instrument was acknowledged and sworn before me this of , 2006 by Notary Public My commission expires: X:\OID\REAL ESTATE\LEASES\COMMONWEALTH SUPPORT SYSTEMSUCCafeterlaLeaseCLEAN.DOC 20 day day -34 - Item V J.5.a f ORDINANCES ITEM #55363 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to lease six (6) spaces at the Farmers Market beginning July 1, 2006 through June 30, 2009: a. Chapman's Flowers, Inc. b. Elsie Creekmore, TIA Creekmore's Place C. Laurie Moser, TIA Reflections of the Heart d. Lauris Moser, TIA Secret Garden e. Country Butcher, Inc. f. Michele Shean, TIA Virginia Garden Voting: 10-0 (By Consent) Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel June 27. 2006 SUMMARY OF TERMS LEASE FOR RETAIL SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Chapman's Flowers, Inc. TERM: July 1, 2006 through June 30, 2009 RENT: $ 564.00 per month RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for retail enterprise consistent with the purpose of the Farmers Market. • Maintain leased space, including heating and air conditioning units; pay all assessed fees. • Purchase commercial general liability insurance. • Keep retail space open during hours of Farmers Market operation. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the leased space. • Pay for water, sewer and electrical service. TERMINATION: City may terminate by providing Lessee sixty (60) days notice. SUMMARY OF TERMS LEASE FOR RETAIL SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Elsie Creekmore, t/a Creekmore's Place TERM: July 1, 2006 through June 30, 2009 RENT: $ 468.00 per month RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for retail enterprise consistent with the purpose of the Farmers Market. • Maintain leased space, including heating and air conditioning units; pay all assessed fees. • Purchase commercial general liability insurance. • Keep retail space open during hours of Farmers Market operation. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the leased space. • Pay for water, sewer and electrical service. TERMINATION: City may terminate by providing Lessee sixty (60) days notice. SUMMARY OF TERMS LEASE FOR RETAIL SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Laurie Moser, t/a Reflections of the Heart TERM: July 1, 2006 through June 30, 2009 RENT: $ 564.00 per month RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for retail enterprise consistent with the purpose of the Farmers Market. • Maintain leased space, including heating and air conditioning units; pay all assessed fees. • Purchase commercial general liability insurance. • Keep retail space open during hours of Farmers Market operation. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the leased space. • Pay for water, sewer and electrical service. TERMINATION: City may terminate by providing Lessee sixty (60) days notice. SUMMARY OF TERMS LEASE FOR RETAIL SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Laurie Moser, t/a Secret Garden TERM: July 1, 2006 through June 30, 2009 RENT: $ 468.00 per month RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for retail enterprise consistent with the purpose of the Farmers Market. • Maintain leased space, including heating and air conditioning units; pay all assessed fees. • Purchase commercial general liability insurance. • Keep retail space open during hours of Farmers Market operation. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the leased space. • Pay for water, sewer and electrical service. TERMINATION: City may terminate by providing Lessee sixty (60) days notice. SUMMARY OF TERMS LEASE FOR RETAIL SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Country Butcher, Inc. TERM: July 1, 2006 through June 30, 2009 RENT: $ 564.00 per month RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for retail enterprise consistent with the purpose of the Farmers Market. • Maintain leased space, including heating and air conditioning units; pay all assessed fees. • Purchase commercial general liability insurance. • Keep retail space open during hours of Farmers Market operation. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the leased space. • Pay for water, sewer and electrical service. TERMINATION: City may terminate by providing Lessee sixty (60) days notice. SUMMARY OF TERMS LEASE FOR RETAIL SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Michele P. Shean, t/a Virginia Garden TERM: July 1, 2006 through June 30, 2009 RENT: $ 672.00 per month RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for retail enterprise consistent with the purpose of the Farmers Market. • Maintain leased space, including heating and air conditioning units; pay all assessed fees. • Purchase commercial general liability insurance. • Keep retail space open during hours of Farmers Market operation. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the leased space. • Pay for water, sewer and electrical service. TERMINATION: City may terminate by providing Lessee sixty (60) days notice. -35 - Item V.J. 6. a. ORDINANCES ITEM #55364 Attorney R. E. Bourdon, Pembroke Office Park — Building One, 281 Independence Boulevard, Fifth Floor, Phone: 499-8971, represented the applicant. Attorney Bourdon distributed a letter of support from Tom and Catherine Cooney in support. Said letter is hereby made apart of the record. The applicant has agreed to modify the proposal. The extension of the pier is at the end of navigable water and does not affect anyone's ability to navigate in Lake Rudee. Tom Pritchard, 529 Virginia Dare Drive, Phone 422-4496, 20 year resident of Croatan and Lake Wesley, Member — Board of Directors Croatan Civic League, made the motion at the Civic League meeting requesting a "line ofsight" easement, which was accepted by unanimous vote. Ken Jobe, President — Croatan Civic League, 304 Croatan, Phone: 428-0328, had requested, per e-mail to the City Manager, a view shed easement at this particular property. The applicants have been requested to attend the July Civic League meeting and explain the details to members. Upon motion by Councilman Maddox, seconded by Council Lady Wilson, City Council ADOPTED: Ordinances to AUTHORIZE temporary encroachments into Lake Wesley: (DISTRICT 6 — BEACH) a. Timothy D. Moody into Croatan Road and Virginia Drive to construct and maintain landscaping and an open wrought iron fence with brick columns, maintain existing rip -rap, construct and maintain mooringpiles, fixed pier, ramp floats, boat lift and gazebo. The applicant has agreed to modify the proposal. In terms of style, the wall will have a two (2) foot brick base to match the wall in front of Schooner Quay. There will be brick columns every twenty-five (25) feet and in between the wrought iron style fencing will be wide open. All landscaping will be limited to no greater than two (2) foot in height. A view -shed easement to the public shall be provided across his property (located east of the right-of-way and going down into Lake Rudee). There will be no plantings or other encroachments in anyone' s view. A gap will be left from their wall to the first column in the applicant's wall of thirty-two (32 ) feet. This will provide ample access to any type of equipment for maintenance re sewer and water lines. 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 herein authorized terminates upon notice by the City to the applicant, and that within thirty (30) days after the 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 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. June 27, 2006 -36 - Item Y.J.6.a. ORDINANCES ITEM #55364 (Continued) 4. 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. 5. The applicant agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 6. The applicant must submit and have approved a traffic control plan before commencing work in the Encroachment Area 7. The applicant must obtain a permit from the Office of the Planning Department prior to commencing work in the Encroachment Area. 8. Prior to issuance of a right-of-way permit, the applicant must post a bond or other security, in accordance with their engineer's cost estimate, to the Office of the Planning Department. 9. 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 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. 10. The applicant shall submit for review and approval a survey of the area being encroached upon, certified by a registered professional engineer or a licensed land surveyor and/or "as built"plans of the temporary encroachment, sealed by a registered professional engineer, if required by the City Engineer's Office or the Engineering Division of the Public Utilities Department 11. 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 if it were occupied by the applicant; and if such 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. June 27, 2006 -37 - Item V.J. 6. a. ORDINANCES ITEM #55364 (Continued) APPLICATIONS J. 6a and J6b WERE VOTED UPON IN ONE MOTION Voting: 10-0 Council Members Voting Aye.- Robert ye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel June 27, 2006 I Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO PORTIONS OF EXISTING CITY 6 RIGHTS-OF-WAY KNOWN AS 7 CROATAN ROAD AND VIRGINIA 8 DARE DRIVE AND CITY PROPERTY 9 KNOWN AS LAKE WESLEY, BY 10 TIMOTHY D. MOODY, HIS HEIRS, 11 ASSIGNS AND SUCCESSORS IN 12 TITLE 13 14 WHEREAS, Timothy D. Moody desires to construct and maintain landscaping, 15 open wrought iron fence, 60' in height and brick columns, 25' apart and 72" in height 16 within the City rights-of-way known as Croatan Road and Virginia Dare Drive, to 17 maintain existing rip -rap and to construct and maintain mooring piles, fixed pier, ramp, 18 floats, boat lift and gazebo into City property known as Lake Wesley, located adjacent to 19 573 Virginia Dare Drive, Virginia Beach, Virginia. 20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 21 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 22 City's property subject to such terms and conditions as Council may prescribe. 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Timothy D. Moody, his heirs, 27 assigns and successors in title are authorized to construct and maintain landscaping, 28 open wrought iron fence, 60' in height and brick columns, 25' apart and 72" in height 29 within the City rights-of-way, to maintain existing rip -rap and to construct and maintain 30 mooring piles, fixed pier, ramp, floats, boat lift and gazebo into City property as shown 31 on the map marked Exhibit "A" attached hereto and entitled "PROPOSED 32 ENCROACHMENT FOR MOORING PILES, FIXED PIER, RAMP, FLOATS, BOAT LIFT 33 AND GAZEBO FOR TIMOTHY D. MOODY", and the map marked Exhibit "B" attached 34 hereto and entitled: "project: LOT 16 & PARCEL A 573 VIRGINIA DARE DRIVE GPIN: 35 36 37 38 39 40 41 42 2426-29-7201 AND GPIN 2426-29-5231 CROATAN BEACH (M.B. 37, PG. 11) VIRGINIA BEACH, VIRGINIA," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Timothy D. Moody (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 43 is hereby authorized to execute the Agreement; and 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 45 time as Timothy D. Moody and the City Manager or his authorized designee execute the 46 Agreement. 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 27thc.'ay of June 2006. 50 51 52 53 54 55 56 57 58 PPROVED AS TO CONTENTS (=Es C. GSw, NATURE DEPARTMENT APPROVED AS TO LEGAL SUF ICI NCY AND FORM ITY ATTOR Y 59 CA9529 60 PREPARED: 2/23/06 61 X:\Projects\Enc roach ments\Applicants\Moody - Virginia Dare Dr. - 1490 RAB\Ordinance Encroachment All.doc X:IOIDIREAL ESTATEIEncroachmentsIPW OrdinancesICA9529 Moody.doc ��_ ' � .� ��- 1I View NW directly across water View NE PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-81 I (c) (3) THIS AGREEMENT, made this day of , 2005, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and TIMOTHY D. MOODY, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "16" and "PARCEL A", as shown on "RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO, VA" (Map Book 37, page 11), and being further designated and described as 573 Virginia Dare Drive Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain mooring piles, fixed pier, ramp, floats, boat lift and gazebo, "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 property known as Lake Wesley "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN No GPIN Assigned to Lake Wesley 2426-29-7201 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 Encroachynent 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 adcordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "PROPOSED ENCROACHMENT FOR MOORING PILES, FIXED PIER, RAMP, FLOATS, BOAT LIFT AND GAZEBO FOR TIMOTHY D. MOODY LOT 16, RESUB. OF PART OF CROATAN BEACH BEACH DISTRCT VIRGINIA BEACH, VA," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses 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. 2 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 must obtain a permit from the Office of 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 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 J the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/oT "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Derartmert 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, Timothy D. Moody, the said Grantee has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 e (SEAL) ATTEST: CITY OF VIRGINIA BEACH ROM City Manager/Authorized Designee of the City Manager City Clerk Timothy D. Moody STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of QS, 20by 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 rrv, Y 200, by RUTH HODGES SMITH, City Cleric for the CITY OF VIRGINIA Notary Public My Commission Expires: STATE OF CITY/COUNTY OF{,i�l,t,;.�',<,�,- , to -wit: The foregoing instrument was acknowledged before me this `/"day of 2005, by Timothy D. Moody. Notary Public My Commission Expires: APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM C. o�i AA %NATURE DEPARTMENT X:\Projects\Encroachments\Applicants\Moody 2 - Virginia Dare Dr. 1750 RAB\Agreement Encroachment AlUnn.doc Exhibit "A" OLD IDA', 149.0' \ \, o , L A K E W E S L E Y MIT OF CITY 1 , PROPOSED v — —EASTERN LI PER CITY s 1 GAZEBO OF ��ti� moo. CHANNEL AS SURVEYS \PARCELI--A C. EASON Q p MAPPING AND C OPS oFv REF. PT. „ ... ONE :1 -P LOT 16 O o� o� , �1 2 O �z 0 :tll..Ylfl.itl,) 1. IS 1.1,G_1l 1 No. 1833�Ow5 st O sS -Io N� AI..�.��,� PLAN VIEW SCALE 1 " = 30' GPIN: 2426-29-7201-0000 Al \ j _ E -CENTER �\ OF GAZEBO REMOVE ALL EXISTING PIERS (HATCHED)IN v _ ON Conic. Porfla CONC%w 'STs,3 1 r 18 i ip CONC. DRIVEWAY/ ® A-`89.84'.. R=9 REF. PT TWO m co o r�l o F- o VIRGINIA DARE DRIVE (FORMERLY SECOTAN ROAD) (SO' R/W) I WATERFRONT PROPOSED ENCROACHMENT FOR MOTORING PILES, FLAM ED PIER, RP, FLOATS, BOAT, CONSULTING, INC Livi AND GAZEBO FOR 1112 JENSEN DRIVE, STE. 206 TIMOTHY D. MOODY VIRGINIA BEACH, VA 23451 LOT 16, RESUB. OF PART OF CROATAN BEACH PHONE: (757) 425-8244 BEACH DISTRCT VIRGINIA BEACH, VA FAX: (757) 216-6687 (M. B. 37 PG. 11) DATE: JUNE 20, 2005 1 OF 1 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(c) (3) THIS AGREEMENT, made this 15th day of December, 2005, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and TIMOTHY D. MOODY, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "16" and "PARCEL A", as shown on "RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO, VA" (Map Book 37, page 11), and being further designated and described as 573 Virginia Dare Drive Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain existing rip -rap and to construct and maintain landscaping, open wrought iron fence, 60' in height and brick columns, 25' apart and 72" in height, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing, reconstructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Wesley and existing City rights of way known as Croatan Road and Virginia Dare Drive "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN No GPIN Assigned to Lake Wesley, No GPIN Assigned to Right of Way 2426-29-7201 and 2426-29-5231 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: "project: LOT 16 & PARCEL A 573 VIRGINIA DARE DRIVE GPIN: 2426-29-7201 & GPIN 2426-29-5231 CROATAN BEACH (M.B. 37, PG. 11) VIRGINIA BEACH, VIRGINIA," copies of which are attached hereto as Exhibits "A" and `B" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses 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 Lan;ig'Ady 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 must obtain a permit from the Office of 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 pennit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, to the Office of Planning Department. It is further expressly understood and agreed that the Grantee must obt,,iii 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 must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Departrr unt. 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, Timothy D. Moody, the said Grantee has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Cleric. (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager Timothy D. Moody 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 k& 200Y, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary PWolic t✓Iy Commission Expires: STATE OF CITY/COUNTY OF; , ., �t = - a !� , to -wit: The foregoing instrument was acknowledged before me this 1)-"4- day of /Jz--_� -.4 , 2005, by Timothy D. Moody. My Commission Expires: i) APPROVED AS TO CONTENTS Sp ATUREMA &dr - DEPARTMENT \\\\\\ Notary Public APPROVED AS TO LEGAL SUFFI IENCY AND FORM X:\Projects\Encroachments\Applicants\Moody - Virginia Dare Dr. - 1490 RAB\Agreement Encroachment AII.Frm.doc 6) FENC \- EX\ SID CONC. C ,mss EXISTING -�� Q Exhibit "A" CP, BULKHEAD �? DITCH AS SCALED R1P FROM RECORDED PLAT EX., N 367.f E c�G� PAAC�L- RIP -RAP SHOWN HEREIN TO MIMIC JPA DATED 9-9-03 AND 2-18-03 2426-29-52 PREPARED BY LEWIS H. BRIDGES, JR EX. SSMH N0. 3394. (NOT PART OF THIS ENCROACHMENT) `n FILL SHOWN HEREIN TO MIMIC JPA EX. H \ DATED 9-9-03 AND 2-18-03 t 0,, PREPARED BY LEWIS H. BRIDGES, _ J,, �,1\ JR NO. 3394. (NOT PART OF THIS a y ENCROACHMENT) 5 v�. �.��,LTH opft RMA PRITCHARD NO. 002266 10/03/05 SURVEY 041 Land Surveyorswplsite.com ENCROACHMENT INTO Landscape Architects scale: drawing title: 242 Mustang Trail, Suite 8 1r- 50"1 CROATAN ROAD & VIRGINIA DARE DRIVE Virginia Beach, VA 23452 \0 EXISTING s EDGE OF WATER \ � (PGR F1 LD) ,A N E � TOP OF --L o r-16 OF 426-29-7201 ,yq Rsy CONC. jPNTIO EXISTING CP - CONCRETE urs 1' U'[ - MEAN LOW WATER PER RECORDS PLAT EXISTING - PIER To Be Demolished RETAINING WALL 0.05' INSIDE OF T- Q) � LOT- 17 �o 12-14' W 0 - .. 8 W DATR — E�= IG E S H EX. SIGN "+8"ss 's /N/A DA RE DR/ VE (F MERL > SECO TAN ROAD) (50' R/W) (M. S. 37, PG. 11) date: 1/13/05 revised: 9/30/05 prof no 204-0919 file: 204-0919.dwg tech: EAG project: LOT 16 & PARCEL A 573 VIRGINIA DARE DRIVE GPIN: 2426-29-7201 & 2426-29-5231 CROATAN BEACH (M.B.37, PG. 11) VIRGINIA BEACH, VIRGINIA -- 5RI(�K COLUMN r WROUGHT I PON FENCE FENCE ELEVATION DETAIL PLTH of Gr rIVMR. IHAIR1.1� NO. 002266 10/03/05 1/211 a I 1_011 LA6ER5TROEMIA INDICA (CREPEMYRTLE) (OR EQUIVALENT) QUANTITY: 17 INSTALLED SIZE: 6-8' (TREES NOT TO BE INSTALLED UNDERNEATH EX. OVERHEAD POWER LINES) RHAPHIOLEPI5 INDICA (INDIAN HAWTHORNE) (OR EQUIVALENT) -6q LIGU5TRUM JAPOMCA (PRIVET) (OR EQUIVALENT)- HEBE PENGIFOLIA (HERE) (OR EQUIVALENT) -107 INSTALLED SIZE FOR ALL: 3 GALLON CONT. RIVER ROCK (OR EQUIVALENT) LLJQUANTITY: 2,225 S.F. INSTALLED SIZE: 2-3" FLANTING BED MATERIAL LEOEND Land Surveyors wpl Landscape Architects 242 Mustang Trail, Suite 8 Virginia Beach, VA 23452 041 site.com date: 1/13/05 revised: 9/30/05' proj. no. 204,-0919 file: 204-0919.dwg tech: EAG project: LOT 16 & PARCEL A 573 VIRGINIA DARE DRIVE GPIN= 2426-29-7201 & 2426-29-5231 CROATAN BEACH (M.B.37, PG.11) VIRGINIA BEACH, VIRGINIA scale: drawing title: ENCROACHMENT INTO 1"= NTS, CROATAN ROAD & VIRGINIA DARE DRIVE r .,hI .^. IL R. 5 }}l Y ��s w Y I A !s r ti N�r� ! `R1 * IL R. 5 }}l Y I A ti 3 i `R1 * g j IL R. 5 }}l Y I A g j Item T!J.6.b. ORDINANCES ITEM #55365 Tom Pritchard, 529 Virginia Dare Drive, Phone 422-4496, 20 year resident of Croatan and Lake Wesley, Member — Board of Directors Croatan Civic League Ken Jobe, President — Croatan Civic League, 304 Croatan, Phone: 428-0328 Upon motion by Councilman Maddox, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachments into Lake Wesley: (DISTRICT 6 —BEACH) b. Carl A. Eason and Katherine F. Ripberger to construct and maintain a pier extension, deck, gazebo, floating piers, boat lift, mooring piles and rip -rap at 528 Kerry Lane. 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 herein authorized terminates upon notice by the City to the applicant, and that within thirty (30) days after the 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 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. 4. 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. 5. The applicant agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 6. The applicant must obtain a permit from the Office of the Planning Department prior to commencing work in the Encroachment Area. 7. Prior to issuance of a right-of-way permit, the applicant must post a bond or other security, in accordance with their engineer's cost estimate, to the Office of the Planning Department. June 27, 2006 -39 - Item V J. 6. b. ORDINANCES ITEM #55365 (Continued) 8. 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 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. 9. The applicant shall submit for review and approval a survey of the area being encroached upon, certified by a registered professional engineer or a licensed land surveyor and/or "as built" plans of the temporary encroachment, sealed by a registered professional engineer, if required by the City Engineer's Office or the Engineering Division of the Public Utilities Department. 10. The Temporary Encroachment must conform to the minimum setback requirements as established by the City. 11. 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 if it were occupied by the applicant; and if such 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. APPLICATIONS J. 6a and J6b WERE VOTED UPON IN ONE MOTION Voting: 10-0 Council Members Voting Aye.- Robert ye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel June 27, 2006 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 CITY PROPERTY KNOWN AS LAKE 6 WESLEY LOCATED AT THE REAR OF 7 528 KERRY LANE BY CARL A. 8 EASON AND KATHERINE F. 9 RIPBERGER, THEIR HEIRS, 10 ASSIGNS AND SUCCESSORS IN 11 TITLE 12 13 WHEREAS, Carl A. Eason and Katherine F. Ripberger desire to 14 construct and maintain a proposed 81'x 16' pier extension with a 15 16'x 16' deck with 18'x 18'roof (Gazebo) and maintain two (2) 16 existing floating piers, one (1) fixed pier, one (1) boat lift, 17 seven (7) mooring pilings and rip rap in City property known as 18 Lake Wesley at the rear of their property located at 528 Kerry 19 Lane, Virginia Beach, Virginia. 20 WHEREAS, City Council is authorized pursuant to §§ 15.2- 21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 22 authorize temporary encroachments upon the City's property 23 subject to such terms and conditions as Council may prescribe. 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 That pursuant to the authority and to the extent thereof 27 contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 28 as amended, Carl A. Eason and Katherine F. Ripberger, their 29 heirs, assigns and successors in title are authorized to 30 construct and maintain temporary encroachments for a proposed 31 8'x16' pier extension with a 16'x16' deck with 18'xl8'roof A. EASON AND 32 (Gazebo) and maintain two (2) existing floating piers, one (1) 33 fixed pier, one (1) boat lift, seven (7) mooring pilings and rip 34 rap in a portion of City property known as Lake Wesley as shown 35 on the map entitled: "PROPOSED ENCROACHMENT SHORELINE 36 IMPROVEMENTS FOR CARL A. EASON AND KATHERINE F. RIPBERGER, LOT 37 15, SCHOONER QUAY AT CROATAN BEACH DISTRICT, VIRGINIA BEACH, VA 38 (M. B. 160 PG. 18 ) DATE: MARCH 22, 2005," a copy of which is on 39 file in the Department of Public Works and to which reference is 40 made for a more particular description; and 41 BE IT FURTHER ORDAINED, that the temporary encroachments 42 are expressly subject to those terms, conditions and criteria 43 contained in the Agreement between the City of Virginia Beach 44 and Carl A. Eason and Katherine F. Ripberger (the "Agreement"), 45 which is attached hereto and incorporated by reference; and 46 BE IT FURTHER ORDAINED, that the City Manager or his 47 authorized designee is hereby authorized to execute the 48 Agreement; and 49 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 50 effect until such time as Carl A. Eason and Katherine F. 51 Ripberger and the City Manager or his authorized designee 52 execute the Agreement. 2 53 Adopted by the Council of the City of Virginia Beach, 54 Virginia, on the 27th day of June r 2006. CA- 9858 PREPARED: 2/23/06 APPROVED AS TO CONTENTS q�&mts C atkb GNATURE fw �a Fz. DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM i�IU,G+, q• uNu�c► CITY ATTORNEY X:IOIDIREAL ESTATEIEncroachmentsIPW OrdinancesICA9858 Eason*Ripberger.doc 3 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 13th day of January, 2006, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and CARL A. EASON and KATHERINE F. RIPBERGER, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 15, Schooner Quay at Croatan" and being further designated and described as 528 Kerry Lane, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a proposed 8'x16' pier extension with a 16'x16' deck with 18'x18'roof (Gazebo) and maintain two (2) existing floating piers, one (1) fixed pier, one (1) boat lift, seven (7) mooring pilings and rip rap, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into City property known as Lake Wesley, "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in GPIN 2426-29-3244-0000 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: "PROPOSED ENCROACHMENT SHORELINE IMPROVEMENTS FOR CARL A. EASON AND KATHERINE F. RIPBERGER LOT 15, SCHOONER QUAY AT CROATAN BEACH DISTRICT, VIRGINIA BEACH, VA (M.B. 160 PG. 18) DATE: MARCH 22, 2005"," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses 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. 2 It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. 3 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, CARL A. EASON and KATHERINE F. RIPBERGER, the said Grantee has caused this Agreement to be executed by his/her/their signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: City Clerk 11 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager Carl A. Eason Kdtherine F. Ripberger STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 200,, 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 200_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: STATE OF E Notary Public CITY/Gter OFA- to -wit: The foregoing instrument was acknowledged before me this day of GtnV�� , 200, by Carl A. Eason. -0 C6" Notary Public My Commission Expires: . 31 a STATE OF VIRGINIA CITY/CZaM= OFk—P'c-to-wit: � The foregoing instrument was acknowledged before me this, day of 200, by Katherine F. Ripberger. Notary Public My Commission Expires: • 3' _ C,; S APPROVED AS TO CONTENTS f (. t.rA SIGNATURE Pig,) f� DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM G:\USERS\SHARED\WP80\RE\Rea1 Estate Forms\WORD DOCS\ENCROACHMENTS\ENCROACHMENT.AGREEMENT.doe m EXHIBIT "A" —EBB (-FLOOD— 6-!,,} z Epe) — PROPOSED CITY CHANNEL AS - 16' x 16' DECK WITH RECORDED PER CITY 18' X 18' ROOF MAPPING AND SURVEYS 18.0' ROOF 16.0' DECK 11!2' EMP EMP EMPi,/' ?3.2' i8' X 16' PIER EXT.--= EPPv� r EMP EMP EMP EXIST. MOORING PILE CORNER PILE OF PATEL PIER IL/L1LLI MARSH` RICHARD T. BAR No. 18335 zr Off, IAYANABEN R. PATEL 2426-29-3345 PLAN VIEW SCALE 1" = 40' REV: 06/20 WATERFRONT CONSULTING, INC 1112 JENSEN DRIVE, STE. 206 VIRGINIA BEACH, VA 23451 PHONE: (757) 425-8244 FAX: (757) 313-9788 N=3469319.75 E=12222277.07 i�WSt aYNI +1, �aWY• • U aw9 �"� A 0 Ln Ln D N aws awl- auus I IX En 0 ¢inN o O .u. C N=346g�71,16 O E=122T25%.71^ r1 yL j Ji aWr- •7Nr y� y� wur mum au O- MLW NAIL(F) EX. RESIDENCE 2-S-FRM (FOOTPRINT NOT SHOWN TO SCALE) # 528 GPIN 2426-29-3244 LOT 15 p, j" R/rB NAIL(F) Z n w N O T A 0 Ln Ln D Z En 0 o O D O r1 0 'F) DH (F) N 9'55'05" E 100.00' KERRY LANE (301) N=3469221.24 E=12222259.85 PROPOSED ENCROACHMENT SHORELINE IMPROVEMENTS FOR CARL A. EASON and KATHERINE F. RIPBERGER LOT 15, SCHOONER QUAY AT CROATAN BEACH DISTRCT VIRGINIA BEACH, VA (M.B. 160 PG. 18) DATE: MARCH 22. 2005 1 nF SHINGLES OVER HEAVY FELT PAPER OVER 1/2" MARINE PLYWOOD OVER 2x8 RAFTERS AT 16" 0/C Aco 12 (2) 2x8 BAND THRU BOLTED TO PILES W/ 5/8"0 HARDWARE SHINGLES TO MATCH EXISTING HOUSE NOTE: HURRICANE CLIP RAFTERS TO BAND 00 0o HALF WALLS — MATERIAL AV OWNERS DISCRETION 1 11 1 111 n 1 11 I lu i li 1 u 1 dl I 11 I I I II 1 1 I 111 111 I 1 I I �1 ' I I h 111 I Ip fill 11 1111 I II 11 I II 1 1 I III 111 I 1 I 1 1 11 q 111 1 II I I I n III I I II, I II I I I 111 111 1 1 I I 11 I I 11 III I I I 111 I II I III 1111 I11 I II I I 1 III 111 I :11 11 I I I I q I I I I I I III I I I I ill 1I it III I 1 1, I III 111 1 I I 1 1 � 1 6 I I! 1 "1 I I V II11 it IIII II Il 111 1 I II 11 1 111 I 11 II I �II 1 I I I I I 1,1 III I II I III � 111 III I I I I 11 1 111 I 11 II 1 it I I I I � I I III III I II III II I11 III I, I 11 ' l l 111 I II I 1 Il 1111 ` I 1 1 III 1111 II III II 111 III I II I II 1 III I 11 I 1 II 1 1 I , III I II ' 1, I II I III � 111 III I II 1 11 I 111 1 II I 1.1 2x8 JOISTS AT 12" O/C Is 1 1.1 MHW 3.0 MLW 0.0 2" x 8" 'X' BRACING WITH 314"0 BOLTS L BOTTOM - 10" BUTT x 30' PILE PILES DRIVEN TO 14' PENETRATION 0 MATERIAL SPECS: PILING: CCA Z5 PCF FRAMING: CCA 0.8 PCF ALL TIMBER ABOVE DECK LEVEL GCA 0.4 PCF ALL HARDWARE H.D. GALVANIZED © 2004 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED. COMPOSITE DECKING EL: 6.0' 1 l DBL. 2x8 PILE 1 CAPS EA. BENT THRU—BOLT WITH 3/40 HARDWARE I 1 ' 1 ' 1 ' 1 ' 1 I 1 I 1 � 1 ' 1 ' 016 Z lS WATERFRONT PROPOSED ENCROACHMENT CONSULTING, INC SHORELINE IMPROVEMENTS FOR 1112 JENSEN DRIVE, STE. 206 1 CARL A. EASON and KATHERINE F. RIPBERGER VIRGINIA BEACH, VA 23451 LOT 15, SCHOONER QUAY AT CROATAN PHONE: (757) 425-8244 BEACH DISTRICT VIRGINIA BEACH, VA FAX: (757) 313-9788 (M B. 160 PG. 18) DATE: JULY 12, 2004 2 OF 2 - - i M&A42 w , F x' A E. I /-7 �� r -LOCATION V LOCATION MAP SHOWING ENCROACHMENT REQUEST FOR CARL A. EASON & KATHERINE F. RIPBERGER GPIN 2426-29-3244 SCALE: 1" = 200' ARED BY PAW ENG. DRAFT. 02 -FEB -2006 __x nom, „ s i , s � ` •• *.. k oY *6' i rk i`y `,J - �x p� d" k it x w.. x PS , � r V 'Pup Moor } ,k- � ��x� �� `�'�'` a. mow' ,. �_•a,' 41 Nk ,m AA' � M e�3 F 31 K � �.,�. X"�.,+' �:, 'i ro'c'k,*x j��.1.*•§ L"^� j�� +� �, _' y� .. k +' �} Q �D M P4 0 f4 Item V J. 7. a/b/c. ORDINANCES ITEM #55366 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinances to APPROPRIATE and or TRANSFER: a. APPROPRIATE $175,000 in earned revenue to the Virginia Aquarium Special Revenue Fund refunding expenditures b. APPROPRIATE $6,812 from the Chesapeake Bay Preservation Ordinance violation charges to the FY2005-2006 Department of Agriculture's operating budget for wetlands and coastal sand dune restoration and enhancement projects C. TRANSFER $140, 000 from the General Fund regular Reserve for Contingencies to the FY 2005-2006 operating budget of the Convention and Visitors Bureau plus $269, 000 within the FY 2005-2006 operating budget of the Convention and Visitors Bureau re increased utility costs at the Virginia Beach Convention Center. Voting: 10-0 (By Consent) Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel June 27, 2006 I AN ORDINANCE TO APPROPRIATE $175,000 IN 2 EARNED REVENUE TO THE VIRGINIA AQUARIUM 3 SPECIAL REVENUE FUND 4 WHEREAS, revenues earned through Aquarium admissions, IMAX 5 theater admissions, Aquarium stores and memberships are 6 projected to exceed the budgeted appropriation by $175,000. 7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 8 OF VIRGINIA BEACH, VIRGINIA: 9 That $175,000 in earned revenue is hereby appropriated to 10 the Virginia Aquarium Special Revenue Fund, with revenue from 11 Charges for Services increased accordingly. 12 Adopted by the Council of the City of Virginia Beach, 13 14 Virginia, on the 27th day of June , 2006. APPROVED AS TO CONTENT: B "0,- Management Services CA10062 PA/GG/Aquarium ORD.doc June 14, 2006 R-2 APPROVED AS TO LEGAL SUFFICIENCY: I " L�, �L,� City Attorney's gffice 1 AN ORDINANCE TO APPROPRIATE $6,812 IN 2 ORDINANCE -VIOLATIONS REVENUE TO THE DEPARTMENT 3 OF AGRICULTURE FY 2005-06 OPERATING BUDGET FOR 4 WETLANDS AND COASTAL SAND DUNE RESTORATION AND 5 ENHANCEMENT PROJECTS 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 1. That $6,812 from Chesapeake Bay Preservation Ordinance 9 violation charges are hereby appropriated to the FY 2005-06 10 Operating Budget of the Department of Agriculture for wetlands and 11 coastal sand dune restoration and enhancement projects. 12 2. That estimated revenue in the FY 2005-06 Operating Budget 13 is hereby increased by $6,812 from Chesapeake Bay Preservation 14 Ordinance violation charges. 15 Adopted by the Council of the City of Virginia Beach, 16 Virginia, on the 27th day of June , 2006. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: Q City Attorney's Oytice CA10058 X:\PA\GG\OrdRes\Ches Bay Preservation Fines ORD R-2 June 14, 2006 1 AN ORDINANCE TO TRANSFER $140,000 FROM THE 2 GENERAL FUND REGULAR RESERVE FOR CONTINGENCIES 3 TO THE FY 2005-06 OPERATING BUDGET OF THE 4 CONVENTION AND VISITORS BUREAU AND $269,000 5 WITHIN THE FY 2005-06 OPERATING BUDGET OF THE 6 CONVENTION AND VISITORS BUREAU TO COVER 7 INCREASED UTILITY COSTS AT THE VIRGINIA BEACH 8 CONVENTION CENTER 9 WHEREAS, utility costs at the new Virginia Beach Convention 10 Center have exceeded original estimates. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 That $140,000 is hereby transferred from the General Fund 14 Regular Reserve for Contingencies to the FY 2005-06 Operating 15 Budget of the Convention and Visitors Bureau and that $269,000 is 16 hereby transferred within the FY 2005-06 Operating Budget of the 17 Convention and Visitors Bureau to cover increased utility costs at 18 the Virginia Beach Convention Center. 19 Requires an affirmative vote by a majority of the members of 20 the City Council. 21 Adopted by the Council 22 Virginia, on the 27th day of APPROVED AS TO CONTENT J�"U,� Management Services of the City of Virginia Beach, June 2006. CA10064 PA/GG/orders/CVB Utilities ORD.doc June 14, 2006 R-1 APPROVED AS TO LEGAL SUFFICIENCY , Lu � 4 n2l�- City Attorney's fice -41 - Item V J. 8. ORDINANCES ITEM #55367 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to APPOINT the Directors of Parks and Recreation, Planning and Public Works as Viewers for one-year terms beginning July 1, 2006, re closures of City streets and alleys Voting: 10-0 (By Consent) Council Members Voting Aye.- Robert ye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel June 27, 2006 I AN ORDINANCE APPOINTING THREE (3) VIEWERS 2 FOR ONE-YEAR TERMS BEGINNING JULY 1, 2006, 3 TO VIEW EACH STREET OR ALLEY PROPOSED TO BE 4 CLOSED 5 6 7 WHEREAS, Section 33-11.2 of the City Code provides that 8 1'[t]hree (3) viewers shall be appointed each year to serve terms 9 of one year beginning July 1 to view each and every street or 10 alley proposed to be altered or vacated during the term;" and 11 WHEREAS, it is the desire of City Council to appoint the 12 Directors of the Departments of Planning, Public Works and Parks 13 and Recreation to serve as viewers for one-year terms, beginning 14 July 1, 2006 and ending June 30, 2007. 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA: 17 That the Director of Planning, Director of Public Works and 18 Director of Parks and Recreation of the City of Virginia Beach 19 are each hereby appointed as a viewer to serve a one-year term 20 beginning July 1, 2006 and ending June 30, 2007, to view each 21 and every application to close a street or alley, and to report 22 in writing their opinion of what inconvenience, if any, mould 23 result from disconti1_1L1i_ng the street or al_ ((-.`J or portion 24 the r.eof:. F,(�apt.,-(- }_; t't.e Council &f thc,- City of �7o 27tha<' f June 1 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: A%' ` ? - o ,ow"4w Departme t of Planning City Attorney'Y Office CA10072 X:\PA\GG\OrdRes\Viewers ORD.doc R-2 June 20, 2006 2 -42 - Item V K.1. RESOLUTIONS ITEM #55368 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, AS AMENDED: Resolution DIRECTING the Planning Commission to propose amendments to the Comprehensive Plan removing recommendations re the establishment of a Redevelopment and Housing Authority within 40 90 days after the date of adopting this Resolution (requested by Council Lady McClanan and Council Member Dyer). Voting: 10-0 (By Consent) Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: Harry E. Diezel June 27, 2006 I REQUESTED BY COUNCILMEMBERS REBA S. MCCLANAN AND BOB 2 DYER 3 4 A RESOLUTION DIRECTING THE PLANNING 5 COMMISSION TO PROPOSE AMENDMENTS TO THE 6 COMPREHENSIVE PLAN REMOVING RECOMMENDATIONS 7 FOR THE ESTABLISHMENT OF A REDEVELOPMENT AND 8 HOUSING AUTHORITY AND OTHER AMENDMENTS 9 RELATING TO THE ESTABLISHMENT OF A 10 REDEVELOPMENT AND HOUSING AUTHORITY 11 WHEREAS, at the election of May 2, 2006, in accordance 12 with Virginia Code Section 36-4.1, the question whether there is 13 a need for a redevelopment and housing authority to be activated 14 in the City of Virginia Beach was on the ballot; and 15 WHEREAS, a majority of the qualified voters in the 16 said election indicated that there is not a need for such an 17 authority; and 18 WHEREAS, it is the sense of the City Council that the 19 provisions of the Comprehensive Plan relating to the creation of 20 a redevelopment and housing authority within the City of 21 Virginia Beach should be removed; 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 23 CITY OF VIRGINIA BEACH, VIRGINIA: 24 That the Planning Commission is hereby directed to 25 propose amendments to the Comprehensive Plan (the "Plan") 26 removing recommendations that a redevelopment and housing 27 authority be established in the City of Virginia Beach, as well 28 as such further amendments to the Plan that are cons i..,teni_ with I 29 the removal of references to a redevelopment and housing 30 authority. 31 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 That the Planning Commission shall transmit to the 34 City Council its recommendations within ninety (90) days of the 35 date of adoption of this Resolution. 36 Adopted by the Council of the City of Virginia Beach, 37 Virginia, on the 27th day of June , 2006. CA -10073 OID\ordres\redevauthresl.doc R-3 June 27, 2006 APPROVED AS TO LEGAdSUFF IENCY: � 1 City Attorney's Office 7 -43 - Item 43 - Item V K.2. RESOLUTIONS ITEM #55369 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution AUTHORIZING and DIRECTING the City Manager to implement the Historic Kempsville Area Master Plan Voting: 9-0 (By Consent) Council Members Voting Aye.- Robert ye: Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: PAT=- Council Members Abstaining: Reba S. McClanan Council Members Absent: Harry E. Diezel Council Lady McClanan ABSTAINED as she and her husband are major property owners in this area. Council Lady McClanan has not participated in any discussions relative this matter June 27, 2006 I A RESOLUTION AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO IMPLEMENT THE HISTORIC 3 KEMPSVILLE AREA MASTER PLAN 4 WHEREAS, the City of Virginia Beach has identified 5 relieving traffic congestion at the intersection of Kempsville, 6 Princess Anne and Witchduck Roads (the "Intersection") as one of 7 the most pressing transportation needs in the City; and 8 WHEREAS, the City will have direct oversight and management 9 of the Intersection road project (the "Project") through the 10 design, acquisition and construction phases of the Project; and 11 WHEREAS, the City Council has established and funded CIP 12 Project #2-048 for the Project; and 13 WHEREAS, on January 24, 2006, City Council adopted, as part 14 of the Comprehensive Plan, the Historic Kempsville Area Master 15 Plan (the "Master Plan"), which includes, without limitation, 16 recommendations for architectural design guidelines; trees and 17 other plantings, City Zoning Ordinance amendments and other 18 ordinances; and 19 WHEREAS, on January 24, 2006, City Council also adopted 20 ordinances establishing the Historic Kempsville Area Overlay 21 District and a new B -4K Historic Kempsville Area Mixed Use 22 District_; and 23 WHEREAS, the Master Plan recommends 1 inking rcc'><..y, 2 4 ,,:)nstr.uct i. on in Lt,,e area generally surrounding } �I: 25 to other recommendations in the Master Plan as a means of 26 creating a sense of place for the area; and 27 WHEREAS, the Master Plan identifies the boundaries of each 28 of the quadrants of the Intersection, as realigned, and sets 29 forth a conceptual plan for each quadrant; and 30 WHEREAS, City Council finds that it is necessary and 31 advisable that a strategy be developed to implement the 32 remaining recommendations set forth in the Master Plan, 33 including a strategy to encourage the voluntary assemblage of 34 private and public property within the area as a means to 35 facilitate and coordinate the orderly development of the 36 quadrants of the realigned Intersection in a manner compatible 37 with the Master Plan; 38 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 39 CITY OF VIRGINIA BEACH, VIRGINIA: 40 1. That the City Manager is hereby authorized and 41 directed to develop a strategy to implement the recommendations 42 contained in the Historic Kempsville Area Master Plan, including 43 a strategy to encourage the voluntary assemblage of private and 44 public property within the area, through purchase, exchange or 45 other means, to facilitate development in the quadrants of the 46 realigned Intersection; 47 2. That the City Manager is authorized and dir-cted to 48 work in coordination with the Virginia Beach Le�.,eiopmen'L 49 Authority in implementing the recommendations of the Master 50 Plan; and 51 3. That, to the extent of available funding, the City 52 Manager, in coordination with the development Authority, is 53 authorized to engage the services of experts to assist in the 54 effort of stimulating private sector investment in the 55 redevelopment of properties contained in the area identified in 56 the Master Plan. 57 58 Adopted by the Council of the City of Virginia Beach, 59 Virginia, on the 27th day of June , 2006. APPROVED AS TO LEGAL SUF ICIENCY: f Y City Attorney's Office CA -10075 OID\landuse\ordres\Historic Kempsville Master Plan res.doc June 21, 2006 R-4 I -44 - Item V.K.3. PESOL UTIONS ITEM #55370 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution to APPOINT Kamala H. Lannetti as Deputy City Attorney effective July 1, 2006 and Marjorie A. Smith as Associate City Attorney effective June 16, 2006 Voting: 10-0 (By Consent) Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: Harry E. Diezel June 27, 2006 1 2 3 4 5 6 7 8 9 10 11 12 13 A RESOLUTION APPOINTING KAMI LANNETTI AS DEPUTY CITY ATTORNEY AND MARJORIE A. SMITH AS ASSOCIATE CITY ATTORNEY BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, pursuant to § 2-166 of the Code of the City of Virginia Beach, 1. Kamala H. Lannetti is hereby appointed as Deputy City Attorney, effective July 1, 2006; and 2. Marjorie A. Smith is hereby appointed as Associate City Attorney, effective June 16, 2006. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th day of June , 2006. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney's Office CA10068 H:\GG\Ordres\Appoint Lannetti Smith Res.doc R-3 June 21, 2006 -45 - Item V K.4. RESOLUTIONS ITEM #55371 ADD-ON Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution re "Midtown " at City View apartment project Voting: 9-1 (By Consent) Council Members Voting Aye.- Robert ye: Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay.- Reba ay: Reba S. McClanan Council Members Absent: Harry E. Diezel June 27, 2006 11 u � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Concerning the Midtown at CityView Apartment Project MEETING DATE: June 27, 2006 ■ Background: The developer of the Midtown at CityView Apartment Project has requested that the City Council adopt a Resolution in conformity with Virginia Code§36- 55.30:2B so as to allow the developers to obtain HDA financing. ■ Considerations: Virginia Code§36-55.30:2 provides that HDA may provide financing for projects outside of a "revitalization area" only if the council adopts a Resolution making certain findings required in the statute. ■ Public Information: To be distributed at the meeting ■ Recommendations: Adopt Resolution ■ Attachments: Resolution with Attachment A; Letter from F. Andrew Heatwole explaining the project and the need for the Resolution. Recommended Action: Approval Submitting Department/Agency: Houlsin j *d Neighborhood Preservation City Manager: C:\Documents and Settings\pdeming\Local Settings\Temporary Internet Fi1es\0LK2D4\b1ank arf.doc 1 A RESOLUTION CONCERNING THE MIDTOWN AT CITY 2 VIEW APARTMENT PROJECT 3 WHEREAS, the City Council of the City of Virginia Beach, 4 Virginia, desires to make the determination required by Section 36- 5 55.30:2.B of the Code of Virginia of 1950, as amended, in order for 6 the Virginia Housing Development Authority to finance the 7 economically mixed project (the "Project") described on Exhibit A 8 attached hereto; 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 10 OF VIRGINIA BEACH, VIRGINIA THAT: 11 (1) the ability to provide residential housing and supporting 12 facilities that serve persons or families of lower or moderate 13 income will be enhanced if a portion of the units in the Project 14 are occupied or held available for occupancy by persons and 15 families who are not of low and moderate income; and 16 (2) private enterprise and investment are not reasonably 17 expected, without assistance, to produce the construction or 18 rehabilitation of decent, safe and sanitary housing and supporting 19 facilities that will meet the needs of low and moderate income 20 persons and families in the surrounding area of the Project and 21 will induce other persons and families to live within such area and 22 thereby create a desirable economic mix of residents in such area. 23 Adopted by the Council of the City of Virginia Beach, 24 Virginia, on the 27th day of June 1 2006. APPROVED AS TO CONTENT: Ho i g anYINI ighborhood Preservation CA 10082 H:\GG\Ordres\CV Resolution R-2 June 27, 2006 2 APPROVED AS TO LEGAL SUFFICIENCY: �Ci Attorney's Office EXHIBIT A MidTown at City View MidTown at CityView will have 196 urban style apartment homes. The dwellings will be in three mid -rise buildings with 28 loft apartments on the top floors. A convenient covered parking structure, accessed via elevated walkways, will connect to each of the buildings. On-site amenities include a fitness center, community / club room, resort style pool with lounging areas, barbeque pit and the Thalia Greenway. MidTown Statistical Information Urban Style Mid -rise (2) Four Story; (1) Five Story buildings; interior climate controlled hallways; 3 elevators Building A-95,965 +/- Square Feet Building B-88,477 +/- Square Feet Building C-57,817 +/- Square Feet Parking Structure -110,000 +/- Square Feet, 337+/- spaces Surface Parking -61+/- spaces Building Materials—Cast Stone Masonry, Fiber -Cement Lap Siding, Brick and Brick Accents, Cast Stone Jack Arch, Thermoplastic Railings, Vinyl DH Windows Item V.K.S. RESOLUTIONS ITEM #55372 ADD-ON Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution affirming City's Plan for compliance with BRAC's decision re NAS Oceana. Voting: 10-0 (By Consent) Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry K Diezel June 27, 2006 tSrVw� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Reaffirming the City's Plan For Compliance With the Base Realignment and Closure Commission's Decision Regarding Naval Air Station Oceana MEETING DATE: June 27, 2006 ■ Background: On December 20, 2005, the City Council adopted a series of ordinances as part of its Base Realignment and Closure Commission (BRAC) Compliance Plan. Those ordinances were intended primarily to halt incompatible development in APZ-1 and restrict it elsewhere in the AICUZ footprint. On March 28, the City Council adopted another series of ordinances, intended primarily to roll back incompatible development in APZ-1, as the second part of its Compliance Plan. On May 24, 2006, the Inspector General of the Department of defense concluded that, although the City has complied with 5 of the 6 conditions set forth in the BRAC Commission's decision, the City had failed "to enact state and local legislation and ordinances to establish a program to condemn and purchase all the incompatible use property located within the Accident Potential Zone 1 areas for Naval Air Station Oceana." Accordingly, the Inspector General declined to certify compliance with the BRAC Commission's decision. ■ Considerations: The property acquisition components and zoning, tax and financial incentives in the City's BRAC Compliance Plan have engendered considerable interest among the private sector. In addition, the application of the APZ-1 Ordinance (prohibiting new incompatible development in APZ-1) has resulted in the involuntary condemnation of a number of properties within APZ-1, giving rise to a legal obligation to compensate affected property owners. Notwithstanding the Inspector General's adverse decision, all of the various components of the City's BRAC Compliance Plan, including the APZ-1 Ordinance, the AICUZ Overlay Ordinance, the APZ-1/Clear Zone Use and Acquisition Plan, the Interfacility Traffic Area Property Acquisition Plan and the Oceana Land Use Conformity Plan, remain in effect. If it is to remain viable, the Plan must be implemented. The proposed Resolution: (1) reaffirms the City's plan for compliance with the Base Realignment and Closure Commission's decision regarding Naval Air Station Oceana; (2) authorizes and directs the City Manager to commence property acquisition in APZ-1 and the Interfacility Traffic Area; and (3) requests that the state provide $7.5 million in funding for fiscal year 2006-07. ■ Public Information: No special form of advertising or other public notice is necessary ■ Recommendations: Adoption of the resolution ■ Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: City Manager City Manager: 1 A RESOLUTION REAFFIRMING THE CITY'S PLAN FOR 2 COMPLIANCE WITH THE BASE REALIGNMENT AND 3 CLOSURE COMMISSION'S DECISION REGARDING 4 NAVAL AIR STATION OCEANA; AUTHORIZING AND 5 DIRECTING THE CITY MANAGER TO COMMENCE 6 PROPERTY ACQUISITION IN ACCIDENT POTENTIAL 7 ZONE 1 AND THE INTERFACILITY TRAFFIC AREA; 8 AND REQUESTING THAT THE STATE PROVIDE $7.5 9 MILLION IN FUNDING FOR FISCAL YEAR 2006-07 10 WHEREAS, on December 20, 2005, the City Council 11 adopted "An Ordinance Adopting the City's Plan for 12 Compliance with the Base Realignment and Closure (BRAC) 13 Commission's Decision Regarding Naval Air Station Oceana" 14 and other related ordinances as an initial response to the 15 aforesaid BRAC Commission's decision; and 16 WHEREAS, the aforesaid Ordinance authorized and 17 directed the City Manager, on behalf of the City, to 18 acquire property in Accident Potential Zone 1 and the 19 Interfacility Traffic Area in accordance with the APZ-1 Use 20 and Acquisition Plan and Interfacility Traffic Area 21 Acquisition Plan, respectively, to the extent funds are 22 available; and 23 WHEREAS, on March 28, 2006, the City Council adopted 24 "An Ordinance Establishing the Oceana Land Use Conformity 25 Program and Implementing Committee" and other related 26 ordinances as the remaining portion of the City's response 27 to the BRAC Commission's decision, including an ordinance 28 appropriating $15 Million, effective July 1, 2006, to 29 administer and implement both the APZ-1 Use and Acquisition 30 Plan and the Oceana Land Use Conformity Program; and 31 WHEREAS, the City Council has also established Capital 32 Project #9-060, Oceana and Interfacility Traffic Area 33 Conformity & Acquisition, from which funds are available to 34 purchase properties in the Interfacility Traffic Area; and 35 WHEREAS, on May 24, 2006, the Inspector General of the 36 Department of Defense, in his interpretation of the 37 requirements of the BRAC Order, found that the Commonwealth 38 of Virginia and the Cities of Virginia Beach and Chesapeake 39 had satisfied five of the six criteria prescribed by the 40 BRAC Commission for certification of compliance with the 41 BRAC Commission's decision, but that the actions taken by 42 the Commonwealth and Cities did not satisfy the requirement 43 "to prevent further encroachment of Naval Air Station 44 Oceana. . . , to wit. . . enact state and local legislation 45 and ordinances to establish a program to condemn and 46 purchase all the incompatible use property located within 47 the Accident Potential Zone 1 areas for Naval Air Station 48 Oceana. and for that reason declined to certify 49 compliance with the BRAC Commission's decision; and 50 WHEREAS, the decision of the Inspector General is 51 based upon an erroneous interpretation of the language of 2 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 the BRAC Order and his interpretation would require an unprecedented and unauthorized order of the federal government to a state and locality to condemn 3400 private homes to support a military installation; and WHEREAS, notwithstanding the decision of the Inspector General, the City Council desires to reaffirm the commitments it made to the United States Navy, the public at large and the owners of property in Accident Potential Zone 1 (APZ-1), the Interfacility Traffic Area, and other areas directly affected by the ordinances and policies adopted by the City Council in response to the BRAC Commission's decision and to implement the programs comprising the City BRAC Response Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council hereby reaffirms the City's plan for compliance with the Base Realignment and Closure Commission's Decision Regarding Naval Air Station Oceana, including, without limitation, the ordinances, plans and policies adopted by the City Council on December 20, 2005 and March 28, 2006; 2. That the City Manager is hereby authorized and directed forthwith to take all necessary measures to 3 75 implement the Oceana Land Use Conformity Program adopted by 76 the City Council on March 28, 2006; and 77 3. That the City Manager is hereby authorized and 78 directed forthwith to take all necessary measures to 79 implement the APZ-1/Clear Zone Use and Acquisition Plan and 80 the Interfacility Traffic Area Acquisition Plan, by 81 purchasing eligible property on behalf of the City, to the 82 extent of funds appropriated for such purposes. 83 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY 84 OF VIRGIBNIA BEACH, VIRGINIA: 85 That the Commonwealth of Virginia is hereby requested 86 to provide to the City $7.5 Million in funding for fiscal 87 year 2006-07 for property acquisition in Accident Potential 88 Zone 1 (APZ-1) and the Interfacility Traffic Area, as has 89 been within the shared contemplation of the City and 90 Commonwealth. 91 The City Clerk is hereby directed to forward certified 92 copies of this Resolution to the Chief of Naval Operations, 93 the Commanding Officer of Naval Air Station Oceana, the 94 Governor of Virginia, the Attorney General of Virginia, the 95 members of the City's Congressional Delegation, the members 96 of the City's General Assembly Delegation, and the Mayor of 97 Chesapeake. F WIj Adopted by the City Council of the City of Virginia each on the 27th day of June 1 2006. CA -10074 OID\land use\ordres\reaffirmbracplanres.doc R-2 June 21, 2006 Approved as to Content: Ci y anager Approved as to Legal Sufficiency: 5 -47 - Item V.K.6.a-d ORDINANCES ITEM #55373 ADD-ON Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance re Compensation for City Council Appointees: City Manager City Assessor City Attorney City Clerk Voting: 9-1 (By Consent) Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: Harry E. Diezel June 27, 2006 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY MANAGER 3 4 WHEREAS, City Council has evaluated the performance of 5 the City Manager; and 6 WHEREAS, based upon this evaluation, City Council has 7 determined that an increase in the City Manager's compensation 8 would be appropriate. 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 10 CITY OF VIRGINIA BEACH, VIRGINIA: 11 1. That, consistent with pay increases applicable 12 to all City employees, effective July 1, 2006, the salary of the 13 City Manager is hereby increased by one and one-half percent, 14 and effective December 1, 2006, the salary of the City Manager 15 is hereby increased by an additional three percent. 16 2. That the City's contribution to the City 17 Manager's deferred compensation plan is hereby increased from 18 $18,000 to $20,000 annually. 19 3. That the car allowance of the City Manager 20 shall be $12,000 annually. 21 4. That the City will pay up to $2,684 annually on 22 behalf of the City Manager in premiums for long term care 23 insurance. 24 Adopted by the Council of the City of Virginia Beach, 25 Virginia, on the 27 day of June , 2006. I AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL 3 ESTATE ASSESSOR 4 5 6 WHEREAS, City Council has evaluated the performance of 7 the City Real Estate Assessor; and 8 WHEREAS, based upon this evaluation, City Council has 9 determined that an increase in the City Real Estate Assessor's 10 compensation would be appropriate. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 12 CITY OF VIRGINIA BEACH, VIRGINIA: 13 That, consistent with pay increases applicable to all 14 City employees, effective July 1, 2006, the salary of the City 15 Real Estate Assessor is hereby increased by one and one-half 16 percent, and effective March 1, 2007, the salary of the City 17 Real Estate Assessor is hereby increased by an additional three 18 percent. 19 Adopted by the Council of the City of Virginia Beach, 20 Virginia, on the 27th day of June , 2006. CA10081 V:\citylaw\00017084.DOC June 27, 2006 R1 I AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY ATTORNEY 3 4 5 WHEREAS, City Council has evaluated the performance of 6 the City Attorney; and 7 WHEREAS, based upon this evaluation, City Council has 8 determined that an increase in the City Attorney's compensation 9 would be appropriate. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 11 CITY OF VIRGINIA BEACH, VIRGINIA: 12 1. That, consistent with pay increases applicable to 13 all City employees, effective July 1, 2006, the salary of the 14 City Attorney is increased by one and one-half percent, and 15 effective November 1, 2006, the salary of the City Attorney is 16 increased by an additional three percent. 17 2. That the City's contribution to the City 18 Attorney's deferred compensation plan is hereby increased from 19 $18,000 to $20,000 annually. 20 3. That the car allowance of the City Attorney shall 21 be $10,000 annually. 22 Adopted by the Council of the City of Virginia Beach, 23 Virginia, on the 27th day of June , 2006. CA10078 V:\citylaw\00017081.DOC June 27, 2006 R1 I AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY CLERK 3 4 5 WHEREAS, City Council has evaluated the performance of the 6 City Clerk; and 7 WHEREAS, based upon this evaluation, City Council has 8 determined that an increase in the City Clerk's compensation 9 would be appropriate. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 11 OF VIRGINIA BEACH, VIRGINIA: 12 1. That, consistent with pay increases applicable to all 13 City employees, effective July 1, 2006, the salary of the City 14 Clerk is hereby increased by one and one-half percent, and 15 effective November 15, 2006, the salary of the City Clerk is 16 hereby increased by an additional three percent. 17 2. That the car allowance of the City Clerk shall be 18 $10,000 annually. 19 Adopted by the Council of the City of Virginia Beach, 20 Virginia, on the 27th day of June , 2006. CA10079 V:\citylaw\00017082.DOC June 27, 2006 R1 Item V-L/M PLANNING NO ACTION 1. CITY OF VIRGINIA BEACH PLANNING I NE ITEM # 55374 1. BOBBY DANIELS, FIA THFOR DELIVERANCE 2. LITTLE NECK SWIM AND RAQUET CLUB 3. AARENA. SPA ULDING 4. NELIN BROTHERS 5. BEACH DEVELOPMENT GROUP, L.L.C. 6. RADHAKRISHNA RENUKUNTA and AAVITHI VURIMINDI 7. PLANNING COMMISSION TO STUDY REGULATING BARSINIGHTCLUBS CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING REQUIRING CONDITIONAL USE PERMITS June 27, 2006 -49 - Item V -L.1. PLANNING ITEM # 55375 City Council TOOK NO ACTION: Ordinance upon application of the City of Virginia Beach for a Conditional Use Permit for the filling of a borrow pit on property located on the east side of Oceana Boulevard, approximately 2890 feet north of Credle Road (GPINs 2417203479; -3629; -1699; -3952; 2417226139,-2417129346). DISTRICT 6 — BEACH This request was deferred by the Planning Commission at their June 14, 2006 hearing, as the applicant lacked the appropriate form of signed permission from property owners necessary to proceed with the request. June 27, 2006 -50 - Item TQM. PLANNING ITEM # 55376 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Items 1, 2, 3 and 5 of the PLANNING BY CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel June 27, 2006 -51 - Item V.M.I. PLANNING ITEM # 55377 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of B OBB Y DA NIELS, FAITH FOR DELIVERANCE OUTREACH CENTER for a Conditional Use Permit: ORDINANCE UPON APPLICA TION OF BOBB Y DANIELS, FAITH FOR DELIVERANCE OUTREACH CENTER FOR A CONDITIONAL USE PERMIT FOR A CHURCH R070634159 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Bobby Daniels, Faith for Deliverance Outreach Center for a Conditional Use Permit for a church on property located at 649 Newtown Road (GPIN 1468313784). DISTRICT 2 — KEMPSVILLE The following conditions shall be required: 1. The membership of the congregation at this location shall not exceed the number established by the City's Fire Marshall. 2. Prior to the issuance of an Occupancy Permit for this unit, the applicant shall comply with all applicable City requirements pertaining to building codes and fire safety and suppression for the change of use to a place of assembly. This includes obtaining a Fire Inspection, a Fire Code Permit and a Certificate of Occupancy from the Building Official's Office This Ordinance shall be effective in accordance with Section 107 (1) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of June Two Thousand Six. Voting: 10-0 (By Consent) Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel June 27, 2006 -52 - Item V.M.2. PLANNING ITEM # 55378 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of LITTLE NECK SWIM AND RACQUET CLUB for a Conditional Use Permit ORDINANCE UPON APPLICATION OF LITTLE NECK SWIM AND RA CQ UET CLUB FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AN OUTDOOR NATURE 8070634160 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Little Neck Swim and Racquet Club for a Conditional Use Permit for a recreational facility of an outdoor nature (addition of 2 tennis courts and parking) on property located at 864 Little Neck Road (GPIN 1488926559). DISTRICT 5 — LYNNHAVEN The following conditions shall be required: 1. The installation of the tennis courts and parking shall generally conform to the submitted plan set, entitled "Little Neck Swim and Racquet Club, " and dated 9/27105. Said plans may be modified as necessary to satisfy site plan review requirements. 2. No construction related to the tennis courts shall commence until the existing lighting on the site has been adjusted and modified to substantially reduce glare onto the adjacent properties. The Zoning Administrator shall make a determination as to whether the lighting has been adequately adjusted and modified before any construction may commence. This Ordinance shall be effective in accordance with Section 107 ()9 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of June Two Thousand Six. Voting: 10-0 (By Consent) Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel June 27, 2006 -53 - Item V.M.3. PLANNING ITEM # 55379 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of KARENA. SPA ULDINGfor a Conditional Use Permit: ORDINANCE UPON APPLICA TION OF KAREN A. SPA ULDING FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (DAY CARE) NATURE RO70634161 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Karen A. Spaulding for a Conditional Use Permit for a home occupation (Day Care) on property located at 2060 Antelope Place (GPIN 1484093159). DISTRICT 7 — PRINCESS ANNE The following conditions shall be required: 1. This Day Care facility shall be limited to a total often (10) children during a 24 hour day 2. The hours of operation will be restricted to 6:30 a.m. to 6:30 p.m. 3. No signs advertising the home daycare shall be permitted on the premises, whether installed on the lot or buildings on the lot, at any time 4. The applicant must maintain a Family Day Care Home license with the Commonwealth of Virginia. Failure to maintain a Family Day Care Home license will result in revocation of the Conditional Use Permit 5. The existing fence shall be replaced with a minimum six (6) foot high, solid privacy fence surrounding the rear property where the children will play outside This Ordinance shall be effective in accordance with Section 107 (1) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of June Two Thousand Six. Voting: 10-0 (By Consent) Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel June 27, 2006 -54 - Item V M.4. PLANNING ITEM # 55379a Attorney Kevin M. Brunick, 2101 Parks Avenue, Phone: 422-4700, represented the applicant and concurred there was a verbal agreement to move the dumpster to the opposite side and change the site plan accordingly. Gregory Nelin, applicant, committed to moving the dumpster to the opposite side, and a construction fence shall be erected. Brenda Jarrell, 1208 Hickman Arch, Phone: 301-9919, neighboring property owner, registered in Opposition and wished to have conditions agreed upon in writing i. e, moving the dumpster. Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of NELIN BROTHERS for a Conditional Change of Zoning District Classification, subject to moving of the dumpster, a fence and Best Management Practices agreements. ORDINANCE UPON APPLICATION OF NELIN BROTHERS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-10 AND R-20 RESIDENTIAL DISTRICTS TO CONDITIONAL 0-1 Z0606159 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Nelin Brothers for a Change of Zoning District Classification from R-10 and R-20 Residential Districts to Conditional 0-1 Office District on property located at 2122 General Booth Boulevard (GPIN 2414183444). DISTRICT 7 — PRINCESS ANNE The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. During site plan review, the condition re moving the dumpster to the opposite side and constructing a fence will be required. This Ordinance shall be effective in accordance with Section 107 ()9 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of June Two Thousand Six. Voting: 10-0 Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel June 27, 2006 ��F OU NP"pN5 In Reply Refer To Our File No. DF -6096 TO: Leslie L. Lilley FROM: B. Kay Wilsoio CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: June 12, 2006 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application: Nelin Brothers, Inc. The above -referenced conditional zoning application is scheduled to be heard by .u., the City Council on June 27, 2006. 1 have reviewed the subject proffer agreement, dated December 28, 2004 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/as Enclosure cc: Kathleen Hassen TO (COVENANTS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia Beach, VA THIS PROFFER AGREEMENT, made this 281h day of December, 2004 by and between NELIN BROTHERS, INC., A Virginia corporation, (contract purchaser, herein referred to as "Nelin Brothers"), Russell Lee Rainey (owner in fee simple), Grantor; and CITY OF VIRGINIA BEACH, a municipal corporation of the_ Commonwealth of Virginia, Grantee; WITNESSETH THAT: WHEREAS, Nelin Brothers has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition of Nelin Brothers addressed to the Grantee, so as to rezone Grantor's property, from R-10 and R-20 to 0-1 Conditional on certain property located in the Princess Anne Borough of the City of Virginia Beach, Virginia; said property being more particularly described in the attached Exhibit A; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including industrial purposes, through zoning and other land development legislation; and WHEREAS, the Grantor and Nelin Brothers acknowledge that in order to Prepared by: Kevin M. Brunick, Esquire Stallings & Bischoff, P.C. 2101 Parks Avenue, Suite 801 Virginia Beach, VA 23451 (757) 422-4700 GPIN# 2414-18-3444 recognize the effects of change, and the need for various types of uses, including a specific conditional purpose for the development of the property with strictly limited uses rather than the existing uses allowed by the existing 0-1 zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land in the 0-1 zoning classification are needed to cope with the situation to which the Grantor's proposed development gives rise; and WHEREAS, the Grantor and Nelin Brothers have voluntarily proffered in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulation provided for in the 0-1 Zoning District or zone by the existing overall City Zoning Ordinance, the following reasonable conditions related to the physical development and operation of the property to be adopted as a part of said amendment to the new Zoning Map relative to the property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning and proposed development; and WHEREAS, said conditions having been proffered by the Grantor and Nelin Brothers and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject property at the time of recordation of such instrument, provided, further, that said instrument is consented to by the Grantee in writing, as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of Code of Virginia Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent; NOW, THEREFORE, the Grantor, for himself, his successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions as to the physical development and operation of the subject property and governing the use thereof and hereby covenants and agrees that this declaration shall constitute covenants running with the said property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, their successors, personal representatives, assigns, grantees, and other successors in interest or title, namely: The following shall be substantially adhered to, however, further conditions may be required by the Grantee during detailed site plan review and administration of applicable City codes by all cognizant City agencies and departments, including the City Arborist, to meeting all applicable city Code requirements: 1. Development on the site shall conform with that as shown on the exhibit entitled, "Proposed Office Development For General Booth Boulevard" prepared by Engineering Services, Inc., dated October 26, 2004; which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter, "Site Plan"). 2. The architectural design of the office building depicted on the Site Plan will be as depicted on the exhibit entitled, "PROPOSED ELEVATIONS NEW OFFICE BUILDING, VIRGINIA BEACH, VIRGINIA", made by Covington/Hendrix Architects, dated 12/03/04, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. A photometric plan depicting such lighting shall be submitted to the City of Virginia Beach for approval. 4. Any freestanding sign shall be monument style, no greater than six feet (6') in height with a brick base matching the brick on the exterior of the Office Building. 5. It is recognized that further conditions may be required during the application of City ordinances and that there will be detailed site plan review to meet all applicable City codes, and that further conditions may be required during the administration of applicable City ordinances. 6. All references hereinabove to 0-1 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of City Council action approving the amendment sought by the Grantor, which is by this reference incorporated herein. 7. The Grantor and Nelin Brothers covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and Grantee. Witness the following signatures and seals. NEL1N BROTHERS, INC. By: President At " i Russell Lee Rainey COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: I, the undersigned Notary Public in and for the Commonwealth of Virginia at Large, do hereby certify that PZWV_-r 14611k4 Net_z 1-1 , President of Nelin Brothers, Inc., a Virginia corporation, whose nanfe is signed to the foregoing instrument, p,RY ebgaring date on the 28`x' day of December, 2004, has acknowledged the same before me in o•....••... •••- 'sdiction aforesaid and who is personally known to me. g ' Given under my hand thisday of _lC'Qh� �'L- 200 WO Ism y ••• ' ". �Na►aant"a�,a Notary Public My commission expires:0,3.3 ILS COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: I, the undersigned Notary Public in and for the Commonwealth of Virginia at Large, do hereby certify that Russell Lee Rainey, whose name is signed to the foregoing instrument, bearing date on the 28`'' day of December, 2004, has acknowledged the same before me in the jurisdiction aforesaid and who is personally known. to me. Given under my hand this day of �c�G�ir„-��v 20 G. i Notary Public My commission expires:6' S/ Legal Description: All that certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia and known, numbered and designated as Parcel 6 as shown on that certain plat entitled, "Subdivision of Property of Charles Carlton Hickman and Russell Lee Rainey, Princess Anne borough, Virginia Beach, Virginia", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 248, at pages 24 and 25. I.7.le Item V.M.S. PLANNING ITEM # 55380 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of BEACH DEVELOPMENT GROUP, L.L.C. for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF BEACH DEVELOPMENT GROUP, L.L. C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROMR-5D TO CONDITIONAL B-2 I ZO606160 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Beach Development Group, L.L. C. for a Change of Zoning District Classification from R -5D Residential Duplex District to Conditional B-2 Community Business District on property located on the north side of Euclid Road, approximately 600 feet east of Onondaga Road (GPIN 1477229179). DISTRICT 2 — KEMPSVILLE The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made apart of the record. This Ordinance shall be effective in accordance with Section 107 (1) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of June Two Thousand Six. Voting: 10-0 Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel June 27, 2006 Of aVR NP<�� In Reply Refer To Our File No. DF -6454 TO: Leslie L. Lilley FROM: B. Kay WilsoAl�:) CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: June 12, 2006 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application: Beach Development Group, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on June 27, 2006. 1 have reviewed the subject proffer agreement, dated January 31, 2006 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/as Enclosure . cc: Kathleen Hassen AGREEMENT THIS AGREEMENT is made this 31st day of January, 2006, by and between Amos S. DODSON and Anna G. DODSON, (collectively the "Dodsons"), the current owners of that certain property located on Euclid Road, Virginia Beach, VA and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"), and BEACH DEVELOPMENT GROUP, LLC, a Virginia limited liability company ("Beach") the contract purchaser of the property (hereinafter collectively referred to as the "Grantors") and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee".) WITNESSETH: WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the property from R -5D to Conditional B-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that competing and sometimes in compatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the Prepared by: Christina E. Meier, P.C. 5700 Cleveland St., #330 Virginia Beach, VA 23462 GPlN. #9477 22 9179 0000 change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing zoning districts by the existing City's Zoning Ordinance (CZ)), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, 2 that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan ,building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely:. 1. When developed, the Grantors shall develop the Property in substantial conformity with the conceptual site plan prepared by Ionic DeZign Studios dated January 31, 2006, and titled, Euclid Office Condominiums, Site Plan, (the "Conceptual Plan") a copy of which is on file with the Department of Planning and has been exhibited to the City Council. Q 2. When developed, the Grantors shall develop the structures on the Property using architectural designs and building materials in substantial conformity with the elevations and plan titled "Euclid Office Condominiums, Elevations, A3.0" dated January 31, 2006, prepared by Ionic DeZign Studios, which have been exhibited to the City Council and are on file in the Department of Planning. 3. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site pan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator an din the Department of -Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. Upon acquisition of the Property by Beach, Beach shall succeed to all rights and obligations of the Dodsons under this Agreement, and the Dodsons shall have no further rights or obligations of a "Grantor' under this Agreement. IN WITNESS WHEREOF, the undersigned Grantors execute this Agreement as of the date first written above. GRANTORS: .y r r Amos S. Dodson A nn a G. Dodson BEACH DEVELOPMENT GROUP, LLC Name: Kathleen P. Owens Title: Member E COMMONWEALTH OF VIRGINIA, CITY OF NORFOLK, to -wit: The foregoing instrument was sworn to and acknowledge before me this 31 st day of January, 2006, by Amos G. Dodson and Anna G. Dodson. Notary Public My Commission expires: 9/30/06 COMMONWEALTH OF VIRGINIA, CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was sworn to and acknowledged before me this 1 st day of February, 2006, by Kathleen P. Owens, as a member of Beach Development Group, LLC on behalf of the Company. My Commission expires: 9/30/06 2 i N&Mfi Public -56 - Item V.M.6. PLANNING ITEM # 55381 Attorney R. E. Bourdon, Pembroke Office Park — Building One, 281 Independence Boulevard, Fifth Floor, Phone: 499-8971, represented the applicant and advised the application is comprised of a 2.4 -acre parcel and is zoned Agricultural. This property is located directly adjacent to the Greenwood neighborhood, which is zoned R-10 Residential. Passive open space is to the north and west and is a part of Saville Gardens, which is a 229 -unit townhome community (developed at twice the density of Greenwood). The applicant will dedicate and approve a pedestrian trail from the proposed terminus of the cul -du -sac extending south to provide a linkage with the large amount of open space. Daniel Wood, 2852Saville Garden Way, Phone: 468-4269, represented the Parkside Green Community, registered in Opposition and expressed concern re flooding problems Reference was made to a Memorandum from Ray Firenze, Community Planning Liaison Officer — Naval Air Station Oceana, who advised he was attending the City Council Session, but did not intend to speak. Residential development in the 70-75 dB DNL is incompatible with the DOD, DON, USAF and FAA AICUZ programs and would be considered an encroachment upon this installation. A MOTION was made by Councilman Reeve, seconded by Councilman Maddox to ADOPT an Ordinance upon application of RADHAKRISHNA RENUKUNTA and KAVITHI VURIMINDI for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF RADHAKRISHNA RENUKUNTA and KAVITHI VURIMINDI FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG -1 TO CONDITIONAL R-10 Ordinance upon Application of Radhakrishna Renukunta and Kavithi Vurimindi for a Change of Zoning District Classification from AG -1 Agricultural District to Conditional R-10 Residential District on property located at the eastern terminus of Chestnut Oak Way (GPIN 14955126640000). DISTRICT 7 — PRINCESS ANNE Voting: 4-6 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox and Jim Reeve Council Members Voting Nay.- Robert ay: Robert M. Dyer, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Harry E. Diezel June 27, 2006 -57 - Item V.M. 7. PLANNING ITEM # 55382 The following registered in OPPOSITION: Attorney Kevin Martingyle, 2101 Parks Avenue, Suite 801, represented a number of small restaurants and ABC license holders, who oppose the concept of the Conditional Use Permit Attorney Neal Insley, 800 Seahawk Circle, Suite 100, Phone: 368-4300, former ABC Agent assigned and responsible for portions of the Oceanfront, and former Prosecutor for the City. Attorney Insley represented the interests of the business owners in the area. Louie Ochave, 800 Seahawk Circle, Suite 110, Phone: 544-1303, owner of four (4) locations in the Beach area and actively involved with the Virginia Beach Restaurant Association, the Resort Retailers Association and the Oceanfront Enhancement Committee Andrew W. Edwards, 800 Seahawk Circle, Suite 110, Phone: 544-1299, expressed concern re lack of equal rights. Upon motion by Councilman Schmidt, seconded by Councilman Wood, City Council ADOPTED: Resolution DIRECTING the Planning Commission to study means of regulating bars and nightclubs, including requiring conditional use permits (CUP) for these establishments and make recommendations to the City Council within sixty (60) days after the date of adopting this Resolution Voting: 7-2 Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Rosemary Wilson and James L. Wood Council Members Voting Nay: Richard A. Maddox and Ron A. Villanueva Council Members Abstaining: Jim Reeve Council Members Absent: Harry E. Diezel Councilman Reeve ABSTAINED as he is the owner of a restaurant. June 27, 2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 A RESOLUTION DIRECTING THE PLANNING COMMISSION TO STUDY MEANS OF REGULATING BARS AND NIGHTCLUBS, INCLUDING REQUIRING CONDITIONAL USE PERMITS FOR SUCH ESTABLISHMENTS, AND TO TRANSMIT TO THE CITY COUNCIL RECOMMENDED AMENDMENTS TO THE CITY ZONING ORDINANCE CONCERNING SUCH REGULATION WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Planning Commission is hereby directed to study means of regulating of bars and nightclubs within the City of Virginia Beach, and to transmit to the City Council recommended amendments to the City Zoning Ordinance concerning such regulation. Such study shall include consideration of: 1. A definition of the use "bar or nightclub" that appropriately distinguishes such use from other eating and drinking establishments; 2. The classification of bars and nightclubs as a conditional use in the RT -1, RT -2 and RT -3 Resort Tourist Districts and in such other zoning districts as may be appropriate; 3. Appropriate means of enforcing zoning regulations pertaining to bars and nightclubs; 1 28 4. Provisions concerning eating and drinking establishments 29 rendered nonconforming by the adoption of the 30 contemplated City Zoning Ordinance amendments; and 31 5. Such other and further potential City Zoning Ordinance 32 amendments as the Planning Commission may deem advisable. 33 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 34 BEACH, VIRGINIA: 35 That the Planning Commission be, and hereby is, directed to 36 complete its study and transmit to the City Council its 37 recommendations no later than sixty(60) days after the date of 38 adoption of this Resolution. 39 Adopted by the City Council of the City of Virginia Beach, 40 Virginia, on the 27th day of June, 2006. 2 APPROVED AS TO LEGAL SUFFICIENCY: Cit ttorney's Office CA -10076 OID\land use\codechanges\barsreferralRES R-1 June 22, 2006 =i1:m Item V -N.1. APPOINTMENTS ITEM # 55383 BY CONSENSUS, City Council RESCHEDULED: BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF ZONING APPEALS BUILDING CODE OF APPEALS — New Construction EASTERN VIRGINIA HEALTH SYSTEMS AGENCY INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA OCEANA LAND USE CONFORMITY COMMITTEE PARKS AND RECREATION COMMISSION SPORTS A UTHORITY OF HAMPTON ROADS June 27, 2006 -59 - Item V -N.2. APPOINTMENTS ITEM # 55384 Upon NOMINATION by Councilman Villanueva, City Council APPOINTED: Angelica M. Ceron Unexpired term thru 05/31/2007 Michael W. Chinn Two-year term 06/01/2006 — 05/31/2008 MINORITY BUSINESS COUNCIL Voting: 10-0 Council Members Voting Aye.- Robert ye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel June 27, 2006 -60 - Item V -P. NEW B USINESS ITEM # 55385 BY CONSENSUS, the City Clerk shall record: ABSTRACT OF SENATE PRIMAR Y ELECTION VOTES — JUNE 13, 2006 June 27, 2006 Item V -Q. ADJOURNMENT -61 - ITEM # 55386 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 9:35 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk Ruth Hodges Smith, MMC City Clerk City of Virginia Beach Virginia Meyera E. Oberndorf Mayor June 27, 2006