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APRIL 1, 2008 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYORMEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER" Centerville - Districtl BARBARA M. HENLEY, Princess Anne - District 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN E. UHRIN, Beach - District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 1 APRIL 2008 II , CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY COUNCIL BRIEFING - Conference Room - 3:30 PM A. REAL ESTATE ASSESSMENT ANNUAL REPORT J erald Banagan, Real Estate Assessor II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION I II VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Steve Christenson Senior Chaplain, Virginia Beach Correctional Center 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 March 25, 2008 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. CONVEYANCE of EXCESS CITY-OWNED PROPERTY - First Court Road a. Joan C. Harper and Cleveland Forrest Martin 2. LEASE of CITY-OWNED PROPERTY - Farmer's Market a. Princess Anne County Grill, Inc. b. Linda K., William E. and Andrew D. Skipper (tla Skipper Farms) c. Jesse B. Spry (tla Holland Produce) d. Jesse B. Spry (tla S & H Produce) I 'I I. CONSENT AGENDA J. ORDINANCES 1. Ordinances to AUTHORIZE the City Manager to execute a leases for less than five (5) years (May 1,2008 through April 30, 2011) at the FARMER'S MARKET: a. Princess Anne County Grill, Inc. - Space #26 b. Linda K., William E. and Andrew D. Skipper (t/a Skipper Farms) - Space #9 c. Jesse B. Spry (t/a Holland Produce) - Spaces #5 and #6 d. Jesse B. Spry (t/a S & H Produce) - Space #13 2. Ordinance to DECLARE City-owned land fronting First Court Road as excess property; and, AUTHORIZE the City Manager to convey the property to JOAN C. HARPER and CLEVELAND FORREST MARTIN. 3. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property known as Treasure Canal for DENNIS L. and BRENDA J. PHILLIPS to construct and maintain a proposed boatlift, piles, vinyl bulkhead, deck, floating dock and returns at 2249 Leeward Shore Court. DISTRICT 5 - L YNNHA VEN K. PLANNING 1. Application of NIMMO CHILDCARE and RESOURCE LEARNING CENTER, INC., for the Modification of Conditions on a Conditional Change of Zoning (approved by City Council on November 23, 1993) re childcare at 2244 General Booth Boulevard. DISTRICT 7 - PRINCESS ANNE DEFERRED APPLICANT REQUESTS RECOMMENDATION FEBRUARY 26, 2008 DEFERRAL TO MAY 6, 2008 DEFERRAL TO MAY 6, 2008 2. Ordinance to AMEND the Comprehensive Plan by incorporating the APZ-lIClear Zone Master Plan as an appendix. RECOMMENDA nON APPROV AL j 'I L. APPOINTMENTS BIKEWAYS AND TRAILS ADVISORY COMMISSION COMMITTEE re LATE PAYMENT OF REAL ESTATE TAXES HUMAN RIGHTS COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** PROPOSED RESOURCE MANAGEMENT PLAN WORKSHOPS April 8 Workshop Council Conference Room 9AM April 15 Workshop Council Conference Room 9AM April 17 Public Hearing Green Run High School 6PM April 22 Workshop Council Conference Room 9AM April 22 Public Hearing Council Chamber 6PM April 29 Workshop Council Conference Room 9AM May 6 Reconciliation Workshop Council Conference Room 9AM May 13 Adoption Council Chamber 6PM I 'I I CITY COUNCIL ONE-DAY RETREAT MAY 12, 2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER * * CITY COUNCIL TWO-DAY RETREAT AUGUST 22-23, 2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 03/26/08 mb www.vbgov.com 'I I - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April], 2008 Mayor Meyera E. Oberndorf called to order the CITY COUNCIL BRIEFING re REAL ESTATE ASSESSMENT ANNUAL REPORT in the City Council Conference Room, City Hall, on Tuesday, April], 2008, at 3:30 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Rosemary Wilson and James 1. Wood Council Members Absent: John E. Uhrin [Out of the City] Ron A. Villanueva [Entered: 3:40 P.M] April],2008 j 'I I - 2 - MA YOR 'S COMMENTS ITEM # 57455 Mayor Oberndorf referenced the "thank you" note from the family of Henry Herbert, Father of Steven Herbert, Chief Development Officer, acknowledging with great appreciation City Council's kind expression of sympathy Mayor Oberndorf advised the City Manager, City Attorney and Chief Development Officer were missed last week. Heartfelt sympathy was extended to all. April], 2008 i II - 3 - CITY COUNCIL BRIEFING REAL ESTATE ASSESSMENT ANNUAL REPORT 3:30 P.M. ITEM # 57456 Jerald D. Banagan, Real Estate Assessor, advised the laws governing real estate assessments are State Statutes, not City Codes. The State provides that the City appraise property at fair market value at least every two (2) years. By City Ordinance, Virginia Beach's assessment is conducted on an annual basis. The majority of jurisdictions in the United States perform this function on an annual basis. With the downturn in the real estate market, the assessments were made as close to the statutory requirement as possible, having the assessments completed in January. Sales data from all the neighborhoods (January 2007 to December 2007) was utilized. On Friday, April 4, 2008, the Assessor's Office will mail Notices of Assessment for the fiscal year 2009. Normally, only those property owners whose assessment changed will receive an assessment notice. However, members of City Council asked the Assessor to provide some form of notice to all property owners. Approximately seventeen (]7%) of all properties will receive a decrease in assessment and approximately forty-four (44%) will receive an increase. The projected FY 2009 real estate assessment was $56,554,640,697 representing a 2.7% increase over the current assessment. Projected FY 2009 Real Estate Assessments Assessments $ 56,554,640,697 Tax Revenue * $ 503,336,302 *Based upon FY 2008 tax rate of $0.89 Each $.01 of the tax rate will generate $5,655,000 A verage Appreciation (Excluding Growth) Residential Apartment CommerciaVIndustrial Overall Median Change 0% 0% 9.02% 5.02% Residential Apartment Commercial/Industrial Overall Mean Change 2.56% 2.34% 8.36% 6.09% 25,169 Assessments were reduced 56,421 Assessments remained the same 69,307 Assessments were increased Average Appreciation (Excluding Growth) Fiscal Year Average Change 2009 2008 2007 2006 2.56% 18.54% 19.61% 19.78% April], 2008 - 4 - CITY COUNCIL BRIEFING REAL ESTATE ASSESSMENT ANNUAL REPORT ITEM # 57456 (Continued) Mr. Banagan referenced the recent Old Dominion University 2008 Economic Forecast, a small portion of which included housing in Hampton Roads. ODU determinedfrom their research that average resales in Hampton Roads were bordering around 4%. Mr. Banagan spoke wit Professor Agarwal, Co-Author of the ODU report. His findings mirrored approximately those experienced in Virginia Beach. The appreciation of housing for the region is really driven by the appreciation for houses that are below the median sales price. Most of the appreciation is occurring on housing valued at less than $250,000. Average Residential Values ~ Mean Assessment. Chanae in Mean Single Family $363,700 $3,600 1.0% Townhouse $178,200 $11,000 6.5% Low Rise Condominium $268,400 -$2,300 -0.8% High Rise Condo/Co-op $398,400 $10,600 2.7% Duplex/Home with Apartments $465,800 -$9,100 -1.9% All Residences $327,200 $4,200 1.2% .Rounded to nearest $100 The average home assessment has increased/rom $323,000 to $327,200. Assessment Comparison by Classification Classification 2009 Assessment 2008 Assessment General Commercial 8.3% 8.0% Hotel 1.7% 1.5% Office 2.3% 13.7% 2.3% 13.0% I nd ustrial 1.3% 1.2% Apartment 4.6% 4.3% Residential 64.7% 66.2% Townhouse 6.3% 86.3% 6.0% 87.0% Condominium 10.3% 10.0% Agriculture 0.4% 0.5% April], 2008 I 'I - 5 - CITY COUNCIL BRIEFING REAL ESTATE ASSESSMENT ANNUAL REPORT ITEM # 57456 (Continued) New construction for the past twelve (12) months amounted to $732,900,000, which is an increase of 6.3% from the previous year. This was the largest new construction year on record. Residential new construction amounted to 74% of the total yearly construction, while commercial/industrial represented 26%. Change in land due to re-zonings and subdivisions amounted to approximately $239,000,000. The number of new housing units declinedfrom 1,439 to 1,376. Only forty-five (45) apartments were built this year. Total housing units declined from 1,913 to 1,439. The average assessment on a New home increased from $500,000 to $550,000. However the median new home actually declined $20,000. Last year the median new construction was $338,000 and this year it dropped to $378,000. The overall assessment increase is predicted to be 2. 7%. Tax Increment & Special Service Districts Lynnhaven Mall Shopping District TIF Base Year FY 1998 $225.3 Million Preliminary FY 2009 $463.11 Million Sand bridge District TIF & SSD Base Year FY 1998 $206.1 Million Preliminary FY2009 $1.316 Billion Central Business District South TIF Base Year FY 1999 $151.8 Million Preliminary FY 2009 $653.9 Million SSD First Year " FY 2003 $18.5 Million Preliminary FY 2009 $291.0 Million *These are preliminary figures, TIF's are actually determined by Accounts Receivable at the end of the year. Current State Limitations Income $ 62,000 Net Worth $350,000 Current Vindnia Beach Limitations Income: · Deferral · Freeze · Exemption · 100% · 20% $62,000 $62,000 $0 - $46,000 $48,000 - $62,000 Net Worth $350,000 (All Programs) April 1, 2008 I 'I I - 6- CITY COUNCIL BRIEFING REAL ESTATE ASSESSMENT ANNUAL REPORT ITEM # 57456 (Continued) A Bill has passed both Houses of the General Assembly increasing the income to $67,000, and if passed by the Governor, will be effective July First. The City's written policy is to increase the limits by the average appreciation of residential property, which is 2.34% Real Estate Tax Program for Senior Citizens & Disabled Persons Number of Recipients Tax Deferred Tax Reduction FY 2008 6,408 $35,304 $14,011,232 FY 2007 5,420 $79,342 $9,651,395 FY 2006 4,539 $72,806 $6,147,803 FY 2005 3,803 $36,849 $4,660,146 FY 2004 3,396 $21,710 $3,462,498 Mayor Oberndorf and Councilman Wood expressed concern that citizens will not be notified if there is no change in assessment. Primarily the elderly would be confused and most do not utilize a computer to find the assessment. Mr. Banagan advised this has been a policy for several years. if City Council is concerned, the Assessor will work on this problem. if City Council desires, notification can be forwarded Council Lady Wilson suggested postcards. Mr. Banagan advised the notifications will also include a Senior flyer re the Real Estate Tax Program for Senior Citizens and Disabled Persons. April 1, 2008 I II - 7 - CITY COUNCIL COMMENTS 3:53 P.M. ITEM # 57457 Mayor Oberndorf referenced correspondence relative honoring an individual by naming a Park in their honor. Mayor Oberndorf requested the City Attorney determine if there was a policy adopted, or in effect, concerning a request of this nature. The City Attorney advised there is an Administrative Directive, issued in 1994, that no parks will be named for individuals. It is within City Council's prerogative to follow that Directive or amend same. This is not a City Council Policy. This was an Administrative Directive of Parks and Recreation. Council Lady McClanan was advised, when first elected to City Council that Virginia Beach City Schools have decided to no longer name schools after individuals. Councilman Dyer suggested recognition by plaques honoring great citizens for their dedicated efforts and place these plaques in a designated area. Mayor Oberndorf referenced the Volunteer Garden, where trees could be dedicated in honor of the citizen. Mayor Oberndorf will reply to the citizen. The Francis Land House sells bricks to award contributors. Susan Walston, Chief of Staff, advised the current expansion of the Volunteer Garden is through a number of in-kind contributions. There may be the opportunity to make contributions to the Volunteer Garden. Mayor Oberndorf will circulate the letter prior to distribution and each member of City Council may sign. ITEM # 57458 Council Lady Henley referenced the notice in The BEACON, Sunday, March 30, 2008, re the Public Forum re Adoption-Friendly Animal Control Facility. City Council Members wish to hear from residents and receive public comments and ideas at a round table discussion re the Adoption-Friendly Animal Control Facility. This type of format was exactly what Council Lady Henley suggested concerning comment on the City's Historic Preservation Plan. Council Members McClanan and Wilson believes the Volunteers should also be a part of this Public Forum. The Historic Preservation Committee should be appointed and then invite the public. Council Lady Henley wished the Forum could be scheduled prior to the appointment so the individuals interested in appointment could be present. The City Council's three-step process is a Briefing, Public Comment and then adoption. Concerning review of the Biennial Budget, the Historic Homes Component of the Department of Museums contains five (5) Budget Units: Francis Land House Adam Thoroughgood House Lynnhaven House Combined Historic Homes Unit $ 93,774 $ 99,685 $ 88,590 $244,923 The 4.0 fulltime employees will provide support for all three (3) houses April 1, 2008 I 'I - 8 - CITYCOUNCIL COMMENTS ITEM # 57458 (Continued) The fifth budget unit (Historic Preservation) had a reduction of $111,000. The primary component of this was the contribution to the DeWitt Trustees Foundation ($87,500) which is no longer necessary. However instead of rolling this into preservation, it was simply taken out and placed elsewhere in the budget. There is a decrease of6% to the Atlantic Wildfowl contributionfor operating the DeWitt Cottage and a 6% reduction to the Life Saving Museum for operation. Other structures are owned, but operated by non-profit organizations. The dedicated volunteers operating the houses should be given respect and invited to attend the Public Forum. Council Lady Henley is requesting all interested in the preservation component have the opportunity to have their opinions heard. Council Lady Henley referenced the Preservation Partnership enacted in 1999, which has been meeting for eight (8) years and, which has already accomplished some of the goals outlined. Council Lady Henley does not wish to continue to duplicate effort. The purpose was to establish a revolving fund, but this was not funded. Mayor Oberndorf suggested a Workshop will all historic groups involved. Council Lady Wilson supported the Round Table, but wished the Historic Preservation Commission will be appointedfirst. These activities could be noted in the City Page. Council Lady McClanan believes there are many in the City who do not believe they need to be a part of a group to be heard Council Lady Henley advised a Public Hearing re Historic Sites Organizing Committee shall be scheduled prior to adoption of the Committee's recommendations. Council Lady Henley advised a third of the Committee did not agree on these recommendations and should have the opportunity to address the City Council. April 1, 2008 I II I - 9 - AGENDA RE VIE W SESSION 4:30 P.M. ITEM # 57459 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: J. ORDINANCES 1. Ordinances to A UTHORIZE the City Manager to execute leases for less than five (5) years (May 1,2008 through April 30, 2011) at the FARMER'S MARKET: a. Princess Anne County Grill, Inc. - Space #26 b. Linda K., William E. and Andrew D. Skipper (t/a Skipper Farms) - Space #9 c. Jesse B. Spry (t/a Holland Produce) - Spaces #5 and #6 d. Jesse B. Spry (t/a S & H Produce) - Space #13 2. Ordinance to DECLARE City-owned land fronting First Court Road as excess property; and, AUTHORIZE the City Manager to convey the property to JOAN C. HARPER and CLEVELAND FORREST MARTIN 3. Ordinance to A UTHORIZE a temporary encroachment into a portion of City property known as Treasure Canalfor DENNIS L. and BRENDA J. PHILLIPS to construct and maintain a proposed boatliji, piles, vinyl bulkhead, deck, floating dock and returns at 2249 Leeward Shore Court. DISTRiCT 5 - LYNNHA VEN April 1, 2008 I II I - 10 - AGE N DA REV I E W S E S S ION ITEM # 57460 BY CONSENSUS, the following item shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING 1. Application of NIMMO CHILDCARE and RESOURCE LEARNING CENTER, INC., for the Modification of Conditions on a Conditional Change of Zoning (approved by City Council on November 23, 1993) re childcare at 2244 General Booth Boulevard. DISTRiCT 7 - PRiNCESS ANNE The applicant (NIMMO CHILDCARE has requested DEFERRAL, until the City Council Session of May 6, 2008. ITEM # 57461 Mayor Oberndorf advised and complimented the City Clerk for listing the Proposed Resource Management Plan Workshops on the Agendafor full public notice. PROPOSED RESOURCE MANAGEMENT PLAN WORKSHOPS April 8 Workshop Council Conference Room 9AM April 15 Workshop Council Conference Room 9AM April 17 Public Hearing Green Run High School 6PM April 22 Workshop Council Conference Room 9AM April 22 Public Hearing Council Chamber 6PM April 29 Workshop Council Conference Room 9AM May 6 Reconciliation Workshop Council Conference Room 9AM May 13 Adoption Council Chamber 6PM ITEM # 57462 The City Manager distributed the Proposed City Council Budget//CIP Workshop Agendas, which is hereby made a part of the record. April 1, 2008 j 'I I City of -V-irginia Beach VBgov.com OFFICE OF THE CITY MANAGER 757-385-4242 FAX (757) 427-5626 TDD (757) 385-4305 MUNICIPAL CENTER 8UILDING NUM8ER 1, ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA 8EACH, VA 2345&-9001 INTER-OFFICE MEMORANDUM To: March 31, 2008 James K. Spore, City Manager ,.~ Dave Hansen, Chief of Finance and Techn~ Date: From: Subject: Proposed City Council Workshop Agenda(s) Following the Tuesday, March 25, City Council Meeting, Management Services has drafted a proposed Council Workshop Agenda for our meetings scheduled in April. Attached you will see the specific City Council Goals, Key Functional Area Topics, Key Departments and Key CIP Sections which would be discussed at each of the scheduled workshops. Concept of this Workshop Agenda strategy would be to provide three different categories of briefings and subsequent discussions so that the workshops remain interesting and relevant. The agendas are focused on the City Council's ,established strategic goals while incorporating our largest operational departments and our Capital Improvement Program. The proposal covers a full spectrum of the City's biennial budget. Staff is prepared to adjust topics in accordance with City Council's wishes so, as a starting point, we provide this draft. DLH/s Attachment: Proposed City Council Workshop Agenda(s) c: MLT Catheryn Whitesell I 'I PROPOSED WORKSHOP AGENDAS -- April 8 - Council Goals: . Create a financially sustainable city providing excellent services · Grow the Economy · Key Topics: Economy & Revenues State Budget Impact Capital Construction Funding Education · Key Departments: Schools Libraries · Key CIP Sections: Quality Education for Lifelong Learning April 15 Council Goals: · Grow the Economy . Be a competitive, first class resort for residents, businesses and tourists . Create a financially sustainable city providing excellent services · Key Topics: Compensation Health Care Strategic Growth Areas · Key Departments: Economic Development Convention and Visitor Development Constitutional Offices Treasurer Commissioner of the Revenue Human Resources Finance · Key CIP Sections: Economic Vitality I 'I I April 22 Council Goals: · Improve Transportation . Create a financially sustainable city providing excellent services · Key Topics: Road Construction and Maintenance Storm Water Water & Sewer Utilities Bike and Pedestrian Trails Mass Transit Facilities Maintenance and Modernization Recreation Centers & Parks · Key Departments: Public Works Public Utilities Planning Parks and Recreation · Key CIP Sections: Quality Physical Environment Cultural and Recreational Opportunities April 29 Council Goals: . Revitalize Neighborhoods and Plan for the Future . Create a financially sustainable city providing excellent services · Key Topics: Public Safety Mental Health Services Workforce Housing Historic Properties · Key Departments: Housing and Neighborhood Preservation Human Services Health Police Fire Emergency Medical Services Constitutional Offices Sheriff Commonwealth's Attorney Clerk of the Circuit Court · Key CIP Sections: Safe Community May 6: Reconciliation · Key Topics: City Council Changes to the Proposed Budget and Capital Improvement Program I II I - 11 - ITEM # 57463 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of, 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)(l) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 4:40 P.M. Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin (Break: 4:43 P.M. - 4: 53 P.M.) (Closed Session: 4:53 P.M. - 5:30 P.M.) (Dinner: 5:30 P.M. - 6:00 P.M.) April 1, 2008 I II I - 12 - FORMALSESSION VIRGINIA BEACH CITY COUNCIL April], 2008 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 1, 2008, at 6:00 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin [Out of the City] INVOCATION: Reverend Steve Christenson Senior Chaplain, Virginia Beach Correctional Center PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial '') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record 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 agendafor 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 a part of the record April 1, 2008 I II I - 13 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL (Continued) 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 a part of the record. April 1, 2008 I II - 14- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 57464 Upon motion by Councilman Dyer, seconded by Councilman Villanueva, 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: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin [Out of the City] April 1, 2008 I II I 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 # 57463, Page ll, 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 RESOL VED: 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. Aprill, 2008 I II - 15 - Item V-F.l ITEM # 57465 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of March 25, 2008. Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin April 1, 2008 I II - 16 - Item V-G.1 ADOPT AGENDA FOR FORMAL SESSION ITEM # 57466 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION April 1, 2008 i 'I - 17 - Item V-G.2 MAYOR'S PRESENTATION ITEM 57467 Mayor Oberndorf recognized the following Boy Scouts in attendance to fulfill requirements for their "Citizen of the World Merit Badge" Troop 65 Tidewater Council Foundry United Methodist Church Mark Campbell Scoutmaster Todd Blaher Assistant Scout Maser Si Simons Committee Chair John Duke Jeanne Hall Committee Members Andrew Duke Senior Patrol Leader Tyler Blaher Steve Skamagos Jacob Hall B. J. B udetich Mathew Guertin Devin Holbrook Troop 504 Ryan Michaels Mayor Oberndorf presented the Scouts City Seal pins April 1, 2008 I 'I - 18 - Item V-H.I. PUBLIC HEARING ITEM 57468 Mayor Oberndorf DECLARED a PUBLIC HEARING: CONVEYACE OF EXCESS CITY-OWNED PROPETY - First Court Road a. Joan C. Harper and Cleveland Forrest Martin There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING. April 1, 2008 I II - 19 - Item V-H.2. PUBLIC HEARING ITEM 57469 Mayor OberndorJ DECLARED a PUBLIC HEARING: LEASE of CITY-OWNED PROPERTY - Farmer's Market a. Princess Anne County Grill, Inc. b. Linda K, William E. and Andrew D. Skipper (tla Skipper Farms) c. Jesse B. Spry (tla Holland Produce) d. Jesse B. Spry (tla S & H Produce) There being no speakers, Mayor Oherndorf CLOSED the PUBLIC HEARING. April 1, 2008 j 'I - 20- Item V-J. ORDINANCES ITEM # 57470 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items lalble/d, 2 and 3 of the CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin April 1, 2008 I II - 21 - Item V-J.1. ORDINANCES ITEM # 57471 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: 1. Ordinances to AUTHORIZE the City Manager to execute leases for less than jive (5) years (May 1, 2008 through April 30, 2011) at the FARMER'S MARKET: a. Princess Anne County Grill, Inc. - Space #26 b. Linda K., William E. and Andrew D. Skipper (t/a Skipper Farms) - Space #9 c. Jesse B. Spry (t/a Holland Produce) - Spaces #5 and #6 d. Jesse B. Spry (t/a S & H Produce) - Space #13 Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin April 1, 2008 , 'I 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR LESS 3 THAN FIVE YEARS WITH PRINCESS ANNE 4 COUNTY GRILL, INC. FOR CITY-OWNED 5 PROPERTY KNOWN AS SPACE #26 IN THE 6 VIRGINIA BEACH FARMER'S MARKET IN THE 7 CITY OF VIRGINIA BEACH 8 9 WHEREAS, the City of Virginia Beach ("the City") is the owner of The Farmer's 10 Market located at the corner of Princess Anne Road and Dam Neck Road in Virginia 11 Beach, Virginia (the "Property"); 12 13 WHEREAS, Princess Anne County Grill, Inc. ("County Grill") would like to enter 14 into a new formal lease arrangement with the City for Space #26 in the Property (the 15 "Premises"); 16 17 WHEREAS, the Premises will be utilized as a restaurant and for the retail sale of 18 minor items of prepackaged food (Le. candy, cookies, chewing gum) and for no other 19 purpose; 20 21 WHEREAS, County Grill has agreed to pay the City $840.00 per month 22 ($10,080.00 per year) for the use of the Premises for a three-year period; 23 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager is hereby authorized to execute a lease for a term of less 28 than five (5) years between Princess Anne County Grill, Inc. and the City, for the 29 Premises in accordance with the Summary of Terms attached hereto and such other 30 terms and conditions deemed necessary and sufficient by the City Manager and in a 31 form deemed satisfactory by the City Attorney. 'I I 32 Adopted by the Council ofthe City of Virginia Beach, Virginia on the .Fi..r.s.:@ay 33 of ApT;]' 2008. APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~~~ CA 10560 V:lapplicationslcitylawprodlcycom32lWpdocslD013lP00310005147 4.DOC R-1 March 24, 2008 APPROVED AS TO CONTENT \ '~y \ \ 1,1 JrW' -- WI Signature ~ r\~ -;.l~\ C-.V \.... \'.J ~ Department I II I SUMMARY OF TERMS LEASE FOR SPACE # 26 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Princess Anne County Grill, Inc. PREMISES: Space #26 TERM: 36 months: May 1,2008 - April 30, 2011. Two (2) options to extend for twelve (12) months each. RENT: $840 per month ($10,080 per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: . Use leased space as a restaurant and for the retail sale of minor items of prepackaged food (i.e. candy, cookies, chewing gum) and for no other purpose. . Maintain leased space. . Payment of all utilities (including electrical and telephone) serving the Premises EXCEPT FOR water and sewer. . Purchase commercial general liability insurance and workers' compensation insurance. . Keep Premises open from 8:00 AM to 4:00 PM every day (excepting Thanksgiving, Christmas and New Year's Day), and from 4:00 PM to 10:00 PM on Friday evenings when hoedowns or other special events are being held. RIGHTS AND RESPONSIBILITIES OF CITY: . Maintain common areas of the Property and structural elements of the Premises. . Repair and replace heating and air conditioning systems and/or heat pump. . Repair and maintain electrical and plumbing services (including grease traps). . Pay for water and sewer. TERMINATION: . After one year, either party may terminate by providing the other party sixty (60) days' notice. . City also has special right to terminate if necessary for public purpose by giving sixty (60) days' written notice. 3(;40.'- tuECIt nOAP ~ttGfl'IU 111lJlC11. v t %3458 \ ,,?(~(\teSS !\""e- \ CO",<"-'" Gn \\ ~ \ Oc.o.-~'D" . ~\--~. I -- c ,,/ - ..... l~ >>l<<1g. 4 C'4 -\ \\ 1".1 t . f' "\ \\ ~, \\ ~ k // \'1 t\ .~: .~, ,..i ~ i ,.- t~- .; \ h' 1: .1 c.-, I- i r.- ; V) ~ ,:\ \ ~~\ -. t -J r,\ ,....J _J 1\ \" . ~ a y ~ ~_...-""""",--_. - ---- . ~ NJ!CIi..- ---- - .... r:; ~ \ ..\ ~, I .. '" 00'1 .. lilt. ... . .1 ., ~ .:--- sf> ... I ' .. I \ ., \ ... " " ... 11 ... "' o ---- ' " ./ - ...- , 'I 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR LESS 3 THAN FIVE YEARS WITH LINDA K. SKIPPER, 4 WILLIAM E. SKIPPER AND ANDREW D. SKIPPER 5 (COLLECTIVELY TIA SKIPPER FARMS) FOR CITY- 6 OWNED PROPERTY KNOWN AS SPACE #9 IN THE 7 VIRGINIA BEACH FARMER'S MARKET IN THE 8 CITY OF VIRGINIA BEACH 9 10 WHEREAS, the City of Virginia Beach ("the City") is the owner of The Farmer's 11 Market located at the corner of Princess Anne Road and Dam Neck Road in Virginia 12 Beach, Virginia (the "Property"); 13 14 WHEREAS, Linda K. Skipper, William E. Skipper and Andrew D. Skipper 15 (collectively t/a Skipper Farms) ("Skipper Farms") would like to enter into a new formal 16 lease arrangement with the City for Space #9 in the Property (the "Premises"); 17 18 WHEREAS, the Premises will be utilized as a retail establishment of produce 19 and related items and for no other purpose; 20 21 WHEREAS, Skipper Farms has agreed to pay the City $468.00 per month 22 ($5,616.00 per year) for the use of the Premises for a three-year period; 23 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager is hereby authorized to execute a lease for a term of less 28 than five (5) years between Linda K. Skipper, William E. Skipper and Andrew D. Skipper 29 (collectively t/a Skipper Farms) and the City, for the Premises in accordance with the 30 Summary of Terms attached hereto and such other terms and conditions deemed 31 necessary and sufficient by the City Manager and in a form deemed satisfactory by the 32 City Attorney. I II I Adopted by the Council of the City of Virginia Beach, Virginia on the 1 sot day of ]\pril ,2008. APPROVED AS TO LEGAL SUFFICIENCY AND FORM APPROVED AS TO CONTENT jw~~~l\!- Signatur ~t~r~\~ ~wJ ~ J~c-~~~ Department CA10561 "". Jpplh.'JlllInS ~lt!la\\rn)d c!cum31 \\'pJncs 0014 roo::; 00051 57Q.f){)(' R-1 March 24, 2008 I 'I SUMMARY OF TERMS LEASE FOR SPACE #9 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: LINDA K. SKIPPER, WILLIAM E. SKIPPER and ANDREW D. SKIPPER (tla Skipper Farms) PREMISES: Space #9 RENT: 36 months: May 1,2008 - April 30,2011 $468 per month ($5,616 per year) TERM: RIGHTS AND RESPONSIBILITIES OF LESSEE: . Use leased space for the retail sale of produce and related items only and for no other purpose. . Maintain leased space, including heating and air conditioning units and/or heat pump units. . Payment of all assessed fees. . Purchase commercial general liability insurance. . Keep Premises open from 10:00 a.m. to 5:00 p.m. Monday, Tuesday, and Thursday through Saturday, and from 12:00 p.m. until 5:00 p.m. on Sundays (closed Wednesdays). Lessee is not required to open during months of January through April. RIGHTS AND RESPONSIBILITIES OF CITY: . Maintain common areas of the Property and structural elements of the Premises. . Provide water and sewer. . Provide electrical service unless Lessee has its own account with Dominion Power. TERMINATION: . After 18 months, either party may terminate by providing the other party sixty (60) days' notice. . City also has special right to terminate if necessary for public purpose by giving sixty (60) days' written notice. \\vbgov com\dfs 1 \appl ications\citylawprod\cycom32\Wpdocs\D021 \P003\00052134. DOC 3MO ej\Ji tltECt{ ttOAD wtlloGlliU- IlIlACIl, V" %345. I '::,y, \ r;>\><' C stw l'<\S ~__ \ __~-_I-DC"- ~o" \\ r\ n q ~\ ;/;, ( \\ ;(7 H //( \ \;1 ~\ .,:~ .... ;-i , I .. . ~f- ~"\ U, \:. \ \il ; V'~. I f' \ t~;\ '.', \ 'OJ .....t .' . 1\ \ I " 1,/ '~ l.- >>ldg. 4 -, t,tt: ' ~. c-I . ~ a a )/ ~ ~ \ ..\ t--:' I ..' .., "" ... III, ... - .;1 .~ 44 .:---- ,. ... I .- I \ ~ \ ~" " If ... 11 .. ,I. .., 'CJ SWJ'U J~ .I!y~ ---- ----------. ~ -~-- ' . ' . ...---- __ tIE.Pi ..- ---- --- .J - I 'I I 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR LESS 3 THAN FIVE YEARS WITH JESSE B. SPRY (T/A S & 4 H PRODUCE) FOR CITY-OWNED PROPERTY 5 KNOWN AS SPACE #13 IN THE VIRGINIA BEACH 6 FARMER'S MARKET IN THE CITY OF VIRGINIA 7 BEACH 8 9 WHEREAS, the City of Virginia Beach ("the City") is the owner of The Farmer's 10 Market located at the corner of Princess Anne Road and Dam Neck Road in Virginia 11 Beach, Virginia (the "Property"); 12 13 WHEREAS, Jesse 8. Spry (Ua S & H Produce) ("S & H Produce") would like to 14 enter into a new formal lease arrangement with the City for Space #13 in the Property 15 (the "Premises"); 16 17 WHEREAS, the Premises will be utilized as a retail establishment of produce 18 and for no other purpose; 19 20 WHEREAS, S & H Produce has agreed to pay the City $468.00 per month 21 ($5,616.00 per year) for the use of the Premises for a three-year period; 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute a lease for a term of less 27 than five (5) years between Jesse B. Spry (Ua S & H Produce) and the City, for the 28 Premises in accordance with the Summary of Terms attached hereto and such other 29 terms and conditions deemed necessary and sufficient by the City Manager and in a 30 form deemed satisfactory by the City Attorney. i 'I I Adopted by the Council of the City of Virginia Beach, Virginia on the 1 s t day of April ,2008. APPROVED AS TO LEGAL SUFFICIENCY AND FORM APPROVED AS TO CONTENT j$~t~/ Signatur . ~ Signatu e I 1~~\iN~ Department CA 10563 v :lapplicationslcitylawprodlcycom32\ WpdocslDO 14IP003100051583. DOC R-1 March 24, 2008 I 'I I SUMMARY OF TERMS LEASE FOR SPACE #13 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: JESSE B. SPRY (tla S&H Produce) PREMISES: Space #13 RENT: 36 months: May 1, 2008 - April 30, 2011 $468 per month ($5,616 per year) TERM: RIGHTS AND RESPONSIBILITIES OF LESSEE: . Use leased space for the retail sale of produce only and for no other purpose. . Maintain leased space, including heating and air conditioning units and/or heat pump units. . Payment of all assessed fees. . Purchase commercial general liability insurance. . Keep Premises open from 10:00 a.m. to 5:00 p.m. Monday, Wednesday through Saturday and from 12:00 p.m. until 5:00 p.m. on Sundays (closed Tuesdays). Lessee is not required to open during months of January through April. RIGHTS AND RESPONSIBILITIES OF CITY: . Maintain common areas of the Property and structural elements of the Premises. . Provide water and sewer. . Provide electrical service unless Lessee has its own account with Dominion Power. TERMINATION: . After 18 months, either party may t~rminate by providing the other party sixty (60) days' notice. . City also has special right to terminate if necessary for public purpose by giving sixty (60) days' written notice. Ilvbgav camld!s 1 lappl icatianslcitylawprodlcycam321WpdacslD021 IP003100052134. DOC \\ } ,1 n q i\ /J, \\ I/. U /1"" , ti\ .~: 'l\' ='1 : i ..' i~' .;\ hi t'\ ,- , {:.- \f ~~ '_ t ~1 t,\ ~ t~\ ~: i ~~\-------.. . 5 -\- \\ '\'(' ~u.t..e LoC.O. \,0('\ 3&40 pAJi1 IdCl' llOAD V1~ JItiACIl. 1I~ ~ . -" . ~ Bldg. 4 ., f>/ti . ~. 'ICI , ~, <IS ~ 0 \ ..\ M'( C'4 r-; . .... :: " .., ct. ;it " .... ~~ ~, u sS " "" ;..--- ,t ... I . .. , I ., \ .... tZ '" 6. l) .. 11 '" 0 t4. ---- ~---....----" - - - ----- ......, . . . ~--..- ---- --- ~ "/ - I II I 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR LESS 3 THAN FIVE YEARS WITH JESSE B. SPRY (T/A 4 HOLLAND PRODUCE) FOR CITY-OWNED 5 PROPERTY KNOWN AS SPACES #5 AND #6 IN 6 THE VIRGINIA BEACH FARMER'S MARKET IN THE 7 CITY OF VIRGINIA BEACH 8 9 WHEREAS, the City of Virginia Beach ("the City") is the owner of The Farmer's 10 Market located at the corner of Princess Anne Road and Dam Neck Road in Virginia 11 Beach, Virginia (the "Property"); 12 13 WHEREAS, Jesse B. Spry (t/a Holland Produce) ("Holland Produce") would like 14 to enter into a new formal lease arrangement with the City for Spaces #5 and #6 in the 15 Property (the "Premises"); 16 17 WHEREAS, the Premises will be utilized as a retail establishment of produce 18 and for no other purpose; 19 20 WHEREAS, Holland Produce has agreed to pay the City $468.00 per month 21 ($5,616.00 per year) for the use of the Premises for a three-year period; 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute a lease for a term of less 27 than five (5) years between Jesse B. Spry (t/a Holland Produce) and the City, for the 28 Premises in accordance with the Summary of Terms attached hereto and such other 29 terms and conditions deemed necessary and sufficient by the City Manager and in a 30 form deemed satisfactory by the City Attorney. 'I I Adopted by the Council of the City of Virginia Beach, Virginia on the 1 !':t- day of April ,2008. APPROVED AS TO LEGAL SUFFICIENCY AND FORM APPROVED AS TO CONTENT ~~tJLe L Signatur j Signatur ~~~ Department CA 10562 v :lapplicationslcitylawprodlcycom321 WpdocslDO 141POO3100051582.DOC R-1 March 24, 2008 i II I SUMMARY OF TERMS LEASE FOR SPACES #5 AND #6 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: JESSE B. SPRY (t1a Holland Produce) PREMISES: Spaces #5 and #6 RENT: 36 months: May 1, 2008 - April 30, 2011 $468 per month ($5,616 per year) TERM: RIGHTS AND RESPONSIBILITIES OF LESSEE: . Use leased space for the retail sale of produce only and for no other purpose. . Maintain leased space, including heating and air conditioning units and/or heat pump units. . Payment of all assessed fees. . Purchase commercial general liability insurance. . Keep Premises open from 10:00 a.m. to 5:00 p.m. Monday, Wednesday through Saturday and from 12:00 p.m. until 5:00 p.m. on Sundays (closed Tuesdays). Lessee is not required to open during months of January through April. RIGHTS AND RESPONSIBILITIES OF CITY: . Maintain common areas of the Property and structural elements of the Premises. . Provide water and sewer. . Provide electrical service unless Lessee has its own account with Dominion Power. TERMINATION: . After 18 months, either party may terminate by providing the other party sixty (60) days' notice. . City also has special right to terminate if necessary for public purpose by giving sixty (60) days' written notice. IIvbgov comldfs 1 lapplicationslcitylawprodlcycom321WpdocslD021 IP003100052134. DOC \\ r1 n q 1\ tJ/, \\ 11- h // \1\ .~: .1<' :,i . I ,.' I~. .~l :. ' U' \:J 1 \il \t ,~ -J ~, t,) t.! \\ \ I ~O\\o."c. ,,<c0-"~e. ~ \OC~~C" . -\--~- . 3G40 _AJI N11eJ{ ttOA.D vtJlGllllllo limP- 'II. Z34!iB / \ ~/ . ", l~ >>ldg. 4 ., t,"; . ~. r-:; .., "" ~ ... , .. 'd ct. t., .... tot u .~ 1- .. I \ ;#::;D ~ \ ~ o~ ,.e.~ ... ~.. )! "' It ~ .. 11 ,., 0 t' ----..-.--..-.-. -~ - --~..... .. .. . C"l . ~ a l) ------ .. . / _# ~.." ...,.,.... ...AD ~ ft~- . ....- ----- ---- j II - 22- Item V-J.2. ORDINANCES ITEM # 57472 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to DECLARE City-owned land fronting First Court Road as excess property; and, A UTHORIZE the City Manager to convey the property to JOAN C. HARPER and CLEVELAND FORREST MARTIN Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin April 1, 2008 i 'I ' AN ORDINANCE DECLARING CERTAIN UNIMPROVED PROPERTY FRONTING FIRST COURT ROAD (GPIN 1479-55-2286) AS EXCESS OF THE CITY'S NEEDS AND AUTHORIZING THE CITY MANAGER TO CONVEY SAME TO JOAN C. HARPER AND CLEVELAND FORREST MARTIN 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 30 31 32 33 34 35 36 37 38 39 40 41 ~ 42 ~ C. ~U'\. 43 P /Real Estate WHEREAS, by Deed recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1187, page 684, the City of Virginia Beach acquired title in and to the real property described in Exhibit A attached hereto; and WHEREAS, the City Council is of the opinion that the property is in excess of the needs of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the property described in the attached Exhibit A is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City Manager is hereby authorized to execute the attached Quitclaim Deed and convey the property to Joan C. Harper and Cleveland Forrest Martin. That the excess property shall be conveyed in accordance with the attached Summary of Terms marked as Exhibit B, and such other terms, conditions or modifications as may be satisfactory to the City Manager and the City Attorney. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 ~ t-day of ~['r i 1 ' 2008. CA-10554 V:\applications\citylawprod\cycom32\ Wpdocs\D029\P003\00050516. DOC R-1 PREPARED: 03/04/08 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY LuM qJ UMJloN City Attorney's Office I 'I I EXHIBIT A ALL that certain lot or parcel of land situate on the North side of First Court Road (formerly Garrison Road or Old Ocean Park Road) in Bayside Borough in the City of Virginia Beach, Virginia, and more particularly bounded and described as follows: BEGINNING at a point in the North boundary line of First Court Road (formerly Garrison Road or Old Ocean Park Road), which point is North 86 degrees 09 minutes West 150 feet from the eastern boundary line of the property of Chester Williams as described in Deed Book 329 at pages 216, 217 and 218, which deed is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and from said point of beginning running thence North 86 degrees 09 minutes West, along the North boundary line of the aforesaid First Court Road, 21.33 feet to a point in the said North boundary line of First Court Road, which point is also in the east boundary line of property now or formerly belonging to Cordelia Walton; thence turning and running North 1 degree 31 minutes West, along the east boundary line of the property now or formerly belonging to Cordelia Walton, 123.35 feet, more or less, to a point, which point is in the east boundary of the property now or formerly belonging to Cordelia Walton and also in the south boundary line of property now or formerly belonging to C. Roger Malbon; thence turning and running South 86 degrees 09 minutes East, along the south boundary line of property now or formerly belonging to C. Roger Malbon 21.33 feet to a point the west boundary line of property now or formerly belonging to Elizabeth Cornick Kelley; thence turning and running South 1 degree 31 minutes East, along the West boundary line of the property now or formerly belonging to Elizabeth Cornick Kelley, 123.35 feet, more or less, to a point in the North boundary line of First Court Road aforesaid, which point is also the point and place of beginning. i 'I EXHIBIT B SUMMARY OF TERMS CONVEYANCE OF EXCESS PROPERTY FRONTING FIRST COURT ROAD SELLER: City of Virginia Beach PURCHASER: Joan C. Harper and Cleveland Forrest Martin PROPERTY: An unimproved 21.33' x 123.35' strip of land fronting First Court Road (GPIN 1479-55-2286) LEGAL DESCRIPTION: See Attached Exhibit A SALE PRICE: $0.00, if conditions below are met CONDITIONS OF SALE · Dismissal with prejudice of pending litigation. . The Buyer shall resubdivide the property to vacate interior lot lines and submit a site plan for review and approval by the Planning Department prior to any development of the property. X:\Projects\CITY PROPERTY\1479-55-2286 (220)\Terms.doc I II ,I THIS INSTRUMENT PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(C)(5) THIS DEED OF QUITCLAIM IS made this _ day of 2008, by and between CITY OF VIRGNIIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantor") and JOAN C. HARPER and CLEVELAND FORREST MARTIN, (the "Grantee"), whose address is 4720 Hook Lane, Virginia Beach, Virginia 23455. WIT N E SSE T H: That for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby releases, and forever QUITCLAIMS unto the Grantee all its right and interest, if any, in the following described property: ALL that certain lot or parcel of land situate on the North side of First Court Road (formerly Garrison Road or Old Ocean Park Road) in Bayside Borough in the City of Virginia Beach, Virginia, and more particularly bounded and described as follows: BEGINNING at a point in the North boundary line of First Court Road (formerly Garrison Road or Old Ocean Park Road), which point is North 86 degrees 09 minutes West 150 feet from the eastern boundary line of the property of Chester Williams as described in Deed Book 329 at pages 216, 217 and 218, which deed is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and from said point of beginning running thence North 86 degrees 09 minutes West, along the North boundary line of the aforesaid First Court Road, 21.33 feet to a point in the said North boundary line of First Court Road, which point is also in the east boundary line of property now or formerly belonging to Cordelia Walton; thence turning and running North 1 degree 31 minutes West, along the east boundary line of the property now or formerly belonging to GPIN: 1479-55-2286 I II I Cordelia Walton, 123.35 feet, more or less, to a point, which point is in the east boundary of the property now or formerly belonging to Cordelia Walton and also in the south boundary line of property now or formerly belonging to C. Roger Malbon; thence turning and running South 86 degrees 09 minutes East, along the south boundary line of property now or formerly belonging to C. Roger Malbon 21.33 feet to a point the west boundary line of property now or formerly belonging to Elizabeth Cornick Kelley; thence turning and running South 1 degree 31 minutes East, along the West boundary line of the property now or formerly belonging to Elizabeth Cornick Kelley, 123.35 feet, more or less, to a point in the North boundary line of First Court Road aforesaid, which point is also the point and place of beginning. IT BEING a part of the same property conveyed to the City of Virginia Beach by deed from Edwin B. Lindsley, Jr., dated December 26, 1970, and recorded in Deed Book 1187, at page 684 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. The herein described property is not a separate building site. The future development of the property is conditioned upon it being resubdivided into the adjoining parcel(s) and that internal lot line(s) are vacated in such a way as to comply with all applicable City ordinances. This conveyance is made subject to conditions, restrictions, easements, and reservations of record in the chain of title, if any, constituting constructive notice thereof. WITNESS the following signatures and seals: [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 2 I II I CITY OF VIRGINIA BEACH By: City Manager/Authorized Designee of City Manager COMMONWEAL TH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _ day of , 2008, by , City Manager/Authorized Designee of the City Manager of the City of Virginia Beach, on its behalf. Notary Public My commission expires: My registration number: (SEAL) ATTEST: Ruth Hodges Fraser, City Clerk COMMONWEAL TH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _ day of 2008, by Ruth Hodges Fraser, City Clerk of the City of Virginia Beach, on its behalf. Notary Public My commission expires: My registration number: 3 , II I Approved As To Content Approved As To Form Real Estate Law Department V: \applica tions\ci tylawproct\cycom32\Wpdocs\D005 \POD3 \ 000507 64. DOC 4 o c( o )-0:: ~~ W':) Q.. 0 to ti OOco ::> () ex: t- N () Q.. Q.. ", N 1- A v,. If) ..... 0 0:: \,() ~f c _ \,() \:!:;: ~ -=-Wu... ?: ~ z ~ 0) a:: ." OS~~ ~ '--O~~~ w~ t- a- ct o~Z~ t: ~ O-O~ g ..J 0 ex: ""' <(. (/) u.. ~ (/) )- fu w t- 1f, o 0:: .~ ~~ o ex: Q.. I II - 23 - Item V-J2. ORDINANCES ITEM # 57473 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to A UTHORIZE a temporary encroachment into a portion of City property known as Treasure Canal for DENNIS L. and BRENDA J. PHILLIPS to construct and maintain a proposed boatliJt, piles, vinyl bulkhead, deck, floating dock and returns at 2249 Leeward Shore Court. DISTRiCT 5 - LYNNHA VEN 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. Nothing herein shall prohibit the City from immediately removing, or ordering the Applicant to remove, all or any part of the Temporary Encroachments from the Encroachment Area, in the event of an emergency or public necessity, and the applicant, to the extent of their respective interests therein, shall bear all costs and expenses of such removal. 3. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 4. 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. 5. 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. 6. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard 7. The applicant must obtain a permit from the Planning Department prior to commencing any construction. April 1, 2008 - 24- Item V-J.2. ORDINANCES ITEM # 57473 (Continued) 8. The applicant must establish and maintain a riparian buffer, which shall be a minimum of fifteen (15) feet in width landward from the shoreline, shall run the entire length of the shoreline with the exception of the area on the easternmost portion of the shoreline where the applicant currently has a gravel surfaced area and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants. The buffer shall not be established during the months of June, July, or August so that it has the greatest likelihood of survivability. Prior to the issuance of a permit, the applicant must post a bond or other security, in an amount equal to the estimated cost of the required buffer plantings, to the Planning Department to ensure completion of the required buffer. The applicant shall notify the Planning Department when the buffer is complete and ready for inspection; upon satisfactory completion of the buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the buffer to the shoreline is allowed. 9. The temporary encroachment must conform to the minimum setback requirements, as established by the City. 10. 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 owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin April 1, 2008 'I I 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO TREASURE CANAL, A PORTION 6 OF CITY PROPERTY LOCATED AT 7 THE REAR OF 2249 LEEWARD 8 SHORE COURT BY DENNIS L. AND 9 BRENDA J. PHILLIPS. 10 11 WHEREAS, Dennis L. and Brenda J. Phillips desire to construct and maintain a 12 boatlift, piles, vinyl bulkhead, deck, floating dock, and returns upon a portion of the 13 City's property known as Treasure Canal, located at the rear of 2249 Leeward Shore 14 Court, in the City of Virginia Beach, Virginia. 15 16 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107, 1 7 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 18 City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in 99 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Dennis L. and Brenda J. 25 Phillips, their heirs, assigns and successors in title are authorized to construct and 26 maintain the temporary encroachments for a boatlift, piles, vinyl bulkhead, deck, floating 27 dock, and returns, upon the City's property as shown on the map marked Exhibit A and 28 entitled: ENCROACHMENT EXHIBIT A FOR SCALE: 1" = 40' DENNIS PHILLIPS 2249 29 LEEWARD SHORE COURT VIRGINIA BEACH, VA 23451 GPIN: 2409-19-2683," a 30 copy of which is on file in the Department of Public Works and to which reference is 31 made for a more particular description; and 32 33 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 34 subject to those terms, conditions and criteria contained in the Agreement between the 35 City of Virginia Beach and Dennis L. and Brenda J. Phillips (the "Agreement"), which is 36 attached hereto and incorporated by reference; and 37 38 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 39 is hereby authorized to execute the Agreement; and 40 41 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 42 time as Dennis L. and Brenda J. Phillips and the City Manager or his authorized 43 designee execute the Agreement. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on 46 the 1 st day of ApT; 1 ,2008. CA-10559 X:\OIDIREAL EST A TElEncroachmentslPW Ordinances\CA 1 0559 Phillips Ordinance. doc V .\applications\citylawprod\ycom32\ WpdocsID0291P003\0005053 2 .DOC R-1 PREPARED: 02/29/2008 APPROVED AS TO CONTENTS II i APPROVED AS TO LEGAL SU FICIENCY AND FORM l .~ TTORNEY I 'I PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 17th day of March, 2008, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DENNIS L. and BRENDA J. PHILLIPS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 213" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA L YNNHAVEN MAGISTERIAL DISTRICT," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15A, and being further designated, known, and described as 2249 Leeward Shore Court, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a boatlift, piles, vinyl bulkhead, deck, floating dock, and returns, collectively, the "Temporary Encroachment", in the City of Virginia Beach; GPIN: 2409-19-2683 No GPIN Assigned (Treasure Canal) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property located at the rear of 2249 Leeward Shore Court known as Treasure Canal, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT EXHIBIT A FOR DENNIS PHILLIPS SCALE: 1" = 40' 2249 LEEWARD SHORE COURT VIRGINIA BEACH, VA 23451 GPIN: 2409-19-2683," a copy of which is attached hereto as ENCROACHMENT EXHIBIT A and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 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, includ ing reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Planning Department prior to commencing any construction (the "Permit"). It is further expressly understood and agreed that the Grantee must establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline with the exception of the area on the easternmost portion of the shoreline where the applicant 3 , 'I I currently has a gravel surfaced area, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August so that it has the greatest likelihood of survivability. Prior to the issuance of a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to ensure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the 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 4 'I I 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, Dennis L. and Brenda J. Phillips, the said Grantee, have caused this Agreement to be executed by 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. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 'I I CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2008, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, On its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2008, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 , II i r;Jp~~ g~ Dennis L. Phillips (~~(-~~ Brenda J. Phil@ tfJ STATE ~~GIN~~. ' CITY/C~,,, TY OF4\) l. ~l J. a. 1 I to-wit: The foregoing instrument was acknowledged before me this J 1~ day of ~~ ' 2008, by Dennis L. and Brenda J. Notary Registration Number: 281739 My Commission Expires: August 31, 2011 eM .. 1M'" ...... .... ~.n~. _ .. leI' da .". 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OCl)m V . cX.~.cr 0- ~~~ V Wo ~.CU ~ V-K. PLANNING 1. NIMMO CHILDCARE and RESOURCE LEARNING CENTER 2. APZ-1 /CLEAR ZONE MASTER PLAN - 25 - ITEM # 57474 i 'I I MODIFICATIONS OF CONDITIONS (Conditional Change of Zoning Approved on November 23,1993) AMEND the Comprehensive Plan (incorporating as an appendix) April 1, 2008 i 'I' - 26- Item K.1. ITEM # 57475 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED to the City Council Session of May 6, 2008, Ordinances upon application of NIMMO CHILDARE and RESOURCE LEARNING CENTER, INC. for the Modification of Conditions on a Conditional Change of Zoning (approved by City Council on November 23, 1993) re childcare: ORDINANCE UPON APPLICATION OF NIMMO CHILDCARE & RESOURCE LEARNING CENTER, INC. FOR THE MODIFICATION OF CONDITIONS FOR A REQUEST APPROVED BY CITY COUNCIL ON NOVEMBER 23, 1993 (DONALD G. PRATT). Ordinance upon application of Nimmo ChildCare and Resource Learning Center, Inc. for the Modification of Conditions for a request approved by City Council on November 23, 1993 (Donald G. Pratt). Property is located at 2244 General Booth Boulevard (GPIN 2414066572). DISTRiCT 7 - PRiNCESS ANNE. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin April 1, 2008 i 'I I - 27- Item K.2. ITEM # 57476 PLANNING The following registered to speak in SUPPORT: Joe Ferrara, 209 Cheltenham Drive, Phone: 498-0650, resides in the APZ-1. As one of the members serving on the Oceana Land Use Conformity Committee, Mr. Ferrara believes the plan is a significant step in the right direction. This Plan preserves existing neighborhoods while preventing incompatible development within APZ-1 and the Clear Zones. Mr. Ferrara thanked Tom Pauls and the remainder of the City Stafffor their many hours of dedication to the Comprehensive Plan with this Amendment. The City needs to move forward quickly with the next step in the process of preserving the neighborhoods. The vacant lots need to be sold and homes built on these lots. Sam Reid, 1533 Virginia Beach Boulevard, Phone: 284-1067, President - Oceana Coalition of Civic Leagues (comprised of approximately 740 homes infour (4) different neighborhoods). Mr. Tom Pauls and the Planning Department's staff will provide the ensured security all of the neighborhoods deserve. After a presentation to the January General Meeting of the Civic League, the members of the Civic League voted unanimously to support the Comprehensive Plan with this Amendment.. Upon motion by Vice Mayor Jones, seconded by Councilman Dyer" City Council ADOPTED: Ordinance to AMEND the Comprehensive Plan by incorporating the APZ-l/Clear Zone Master Plan as an appendix. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin April 1, 2008 j 'I I 1 AN ORDINANCE TO AMEND THE COMPREHENSIVE 2 PLAN BY INCORPORATING THE APZ-1/CLEAR ZONE 3 MASTER PLAN AS AN APPENDIX 4 5 WHEREAS, the public necessity, convenience, general welfare and good zoning 6 practice so require; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, 12 amended and reordained by the addition of that certain document entitled "APZ-1/CZ 13 Master Plan, Final Draft February 2008" as an Appendix. Such document is made a 14 part hereof, having been exhibited to City Council and on file in the Department of 15 Planning. 16 17 Adopted by the Council of the City of Virginia Beach, Virginia, on this 1 st day of 18 April, 2008. I II I CITY OF VIRGINIA BEACH AMENDMENT TO THE COMPREHENSIVE PLAN: APZ-1/CLEAR ZONE Agenda Item 13 March 12, 2008 Public Hearing REQUEST: An Ordinance to amend the Comprehensive Plan by incorporating the APZ-1/Clear Zone Master Plan by reference. SUMMARY OF AMENDMENT In late 2007, the Oceana Land Use Conformity Committee (OLUCC) directed staff to prepare an Accident Potential Zone -1 (APZ-1) / Clear Zone Master Plan. The goal is to reinforce the integrity of the area's established neighborhoods affected by these zones while ensuring that the way land is used is compatible with the Navy's OPNAV (AICUZ) Instructions and the BRAC requirements for keeping NAS Oceana as the East Coast master jet base. The proposed APZ-1 / Clear Zone Master Plan provides policy guidance in the areas of general land use planning and community design for properties located within the Accident Potential Zone 1 and Clear Zones around NAS Oceana. The master plan's land use policies address overarching and topic specific planning principles relating to residential, commercial, open space and transportation issues. Accompanying maps describe where such uses are deemed compatible with the City's AICUZ provisions. The plan also includes 'infill development' and 'community design' guidelines. An appendix includes information on relevant definitions, timelines, a list of incentives created to attract compatible uses to the APZ-1 zone. It also shows how to access a variety of online support documents that will help users of the plan better understand other related policies and ordinances. On October 18, 2007, the City hosted an advertised public open house at the Virginia Beach Convention Center where citizens were given the opportunity to present their ideas on the development of this master plan. The draft policies, guidelines and related maps prepared for the master plan were presented at another advertised public meeting held at the Convention Center on November 8th. The Oceana Land Use Conformity Committee received the draft master plan on December 10 and reviewed it at its January 7 session. On February 11, the Committee endorsed a revised version of the master plan and reaffirmed that it should move forward in the process to be incorporated as part of the City's Comprehensive Plan. CITY OF VIRGINIA BEACH Agenda Item 13 Page 1 , 'I i RECOMMENDATION Staff recommends approval of the incorporation, by reference, of the APZ-1 / Clear Zone Master Plan as a component of the Comprehensive Plan. The Master Plan will reinforce the integrity of the area's established neighborhoods affected by these zones while ensuring that the way land is used is compatible with the Navy's OPNAV (AICUZ) Instructions and the BRAC requirements for keeping NAS Oceana as the East Coast master jet base. CITY OF VIRGINIA BEACH Agenda Item 13 Page 2 , 'I Item # 13 City of Virginia Beach An Ordinance to amend the Comprehensive Plan by incorporating The APZ-l/Clear Zone Master Plan by reference March 12, 2008 REGULAR Donald Horsley: The next item is item 13, the City of Virginia Beach, an ordinance to amend the Comprehensive Plan by incorporating the APZl/Clear Zone Master Plan by reference. Mr. Pauls. Tom Pauls. Thank you Mr. Horsley. Madame Chair, Commission members, I am pleased to be here today. I want to walk you through a little of the process that we went through to get this Master Plan where it is today, and then, talk a little bit about the plan itself. I'll be brief in this presentation. This originated back in August 2007, when the Oceana Land Use Conformity Committee directed the staff to prepare a Master Plan for the APZ-lIClear Zone areas. The purpose of this plan is to outline in very general terms, but as specific as possible, general land use recommendation and policy design guidelines and other elements to help property owners, citizens, the business community, the Navy and, the City policy makers to make better decisions about what should or shouldn't go in to the APZ-lIClear Zone areas. On October 18,2007, we held a very large and what I thought was a successful open house at the Convention Center. Over l50 people showed up; l, 700 notices went out to all those who lived in the APZ-l/Clear Zone areas. The purpose of that meeting was to seek public input. To find out what the public wanted to see in this plan. On November 8, 2007, we went back out again to the Convention Center for a follow-up meeting to show them what we heard them say, and hoped that it was a shared vision of what they wanted to see. Following that, we had three meetings before the Oceana Land Use Conformity Committee, which is made up of neighborhood representatives, Navy representatives, business committee, development authority, City elected officials and executives, and City Attorney. On December 10, 2007, they considered the plan. They did also on January 7,2008. On February 11,2008, they endorsed the plan, and it is now before you for your consideration prior going to the City Council. Should this plan receive favorable consideration today, the intent is for it to then go to the City Council on Tuesday, March 18, 2008 for a briefing, and then March 25, 2008 for a public hearing, and then April l, 2008 for consideration of final vote. That is the process that we're going through. We think it was a fairly good process, and we've had a lot of positive work with those stakeholders who were involved in this we think. The product itself is a document that, I think, is very well put together. And what it tries to do is it tries to use maps, and through text, outline a fairly clear proposal and plan for where residential land should be and where non-residential land should be. In addition to that, open space is provided, and what we are calling a Transitional Area, and this Transitional Area is land that is now zoned residential but we believe should be converted, on a voluntary basis, only to non-residential. There are criteria that are established for this so we don't "swiss cheese" the neighborhoods. The most important component of this plan is to protect the neighborhoods - and those that are existing. But we also recognize that we don't want to increase the density in those neighborhoods, and we also want to make sure that what we do is to provide a way Item #13 City of Virginia Beach Page 2 for the non-conforming, non-residential uses to relocate out of the APZ-l/Clear Zone, and find a way to bring conforming non-residential uses into the APZ-l, and, of course, the Clear Zone because that is the area right next to the runway. We're trying to get as much as we can on a voluntary basis to remove all incompatible uses. There are design considerations, as I mentioned. There is also support information in this document to help the reader understand exactly what we're trying to do here. There are incentives that identify the vested properties. The vested properties are those houses that are being developed now, and they are wondering why. The reason for that is because they received their approvals prior to the December 20, 2005 vote, which established the Oceana Land Use Conformity Program, and as a result of that they were vested and moved forward. So, I think, given that, this plan really does, in my estimation, do a very good job in providing clear guidance for those who wish to see where these kind of uses ought to be located in the APZ-l/Clear Zone. We hope that you will give this your favorable consideration today. Thank you. Janice Anderson: Thank you Mr. Pauls. Donald Horsley: We have one speaker registered in favor. Sam Reid. Sam Reid: Good afternoon Madame Chair, Planning Commission. My name is Sam Reid, and I'm President of the Oceana Gardens Coalition of Civic Leagues. It is roughly 740 homes in four neighborhoods. We worked diligently with Mr. Tom Pauls, several working meetings, and Mr. Pauls came out to our civic league meeting. He gave us a briefing and was amenable to some changes to the plan, as you see it today, which were in the process of trying to help us keep our neighborhood stable. Not only is the APZ-l/Clear Zone Master Plan not detrimental to our neighborhoods, but on many levels this plan, being incorporated in our City's Comprehensive Plan, will provide protection, continuity, and stability to our neighborhoods and the homeowners of the APZ-1 areas. So, based on those reasons, and as President of the Oceana Gardens Coalition of Civic Leagues, I endorse this ordinance, and I hope you will incorporate it into the Comprehensive Plan. We did have a vote at our civic league meeting. It was unanimous. Everybody supported it. Janice Anderson: Thank you Mr. Reid. Sam Reid: Are there any questions? Thank you. Janice Anderson: Mr. Reid, thank you for your input and your involvement in it. Thank you. Sam Reid: Yes ma'am. Donald Horsley: Our next speaker is Gene Meekins? Unknown voice: Mr. Meekins left. Donald Horsley: Mr. Meekins left. Madame Chairman, we don't have any more speakers. I II Item #13 City of Virginia Beach Page 3 Janice Anderson: Is there any discussion? Eugene Crabtree: I move that we accept the amendment to the Comprehensive Plan as presented. Janice Anderson: A motion by Gene Crabtree. We have a second by Kathy Katsias. Tom, I just wanted to thank you for all your efforts in this plan. It has several maps and colors, and it is very colorful and very easy to follow. You've done an excellent job on it. Tom Pauls: Thank you very much. I want to comment too. This plan was put together by a number of people. Let me mention two people off the top who have put an immense amount of work into this. One is Melisa Ingram and another is Debbie Zywna. There are a lot of others, but those I want to recognize. Thank you. Janice Anderson: Thank you. Go ahead with the motion. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the amendment for the APZ-lIClear Zone Master Reference has been approved. - 28 - Item V-L.1.. APPOINTMENTS ITEM #57477 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT: HUMAN RIGHTS COMMISSION I 'I ,I April 1, 2008 - 29- Item V-L.2. APPOINTMENTS ITEM #57478 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Natasha Clarke Unexpired term through 06/30/09 BIKEWAYS AND TRAILS ADVISORY COMMISSION Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin I 'I I April 1, 2008 i 'I ,I - 30 - Item V-L.3. APPOINTMENTS ITEM #57479 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: City Council City Council City Treasurer Management Services Citizen Council Lady Rosemary Wilson Councilman James Wood John Atkinson Catheryn Whitesell Todd Solomon COMMITTEE re LATE PAYMENT OF REAL ESTATE TAXES Committee's Legal Advisor Roderick R. Ingram, Deputy City Attorney Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin April 1, 2008 I 'I ,I - 31 - Item V-O. ADJOURNMENT ITEM # 57480 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:24 P.M. ~~_~___~!9~ '7:::t;~-Hooks, CMC Chief Deputy City Clerk th Hodges Fraser, MMC City Clerk ~do~-fJ Mayor City of Virginia Beach Virginia The Public Comment Session adjourned at 6:45 P.M. April 1, 2008 I 'I II - 32 - OPEN DIALOGUE Non Agenda Items The following citizens expressed their concerns: Travis Beach, 995 Levy Road, Phone: 301-7436, represented (VCAN) Virginia Coastal Access Now. VCAN is still adamantly opposed to the City or Public Works placing any form of dredged spoils facility at the Lvnnhaven Boat Ramp facility. The only acceptable use, for this excess land at the Lynnhaven Boat Ramp facility is for additional parking to accommodate the thousands of boaters and citizens who came to use this facility. Reid Greenmun, 2405 Cliff Cutter Drive, Phone: 615-4533, Transportation Chair - Virginia Beach Taxpayer's Alliance. Mr. Greenmum distributed a copy of a Resolution, rescinding the May 8, 2007, Resolution approving the unconstitutional powers granted by the General Assembly to the Hampton Roads Transportation Authoritv pursuant to the Transportation Authority Act, Sections 33.1-391.6 Et Seq of the Code of Virginia of 1950, ASAMENDED Said proposed Resolution is hereby made apart of the record. Mr. Grennmum urged the ADOPTION of this Resolution Marlayne Castelluzzo, 5189 Stratford Chase Dive, Phone: 474-4346,former officer of her Citvic League and current Board Member of several non profits is speaking as a private citizen. The City Manager's budf!et proposals' were extremely disturbing. The proposal to fund a $3.5-MILLION cross- over bridge from Town Center to Pembroke Mall is outrageous. Ms. Castelluzzo suggested adjusting the traffic light timing. Ms. Castelluzzo is opposed to the closing of the Consumer Affairs Program, only a savings of $339,000. This program directly impacts citizens at Virginia Beach. John McMullen, 504 Ben Hogan Drive, Phone: 499-3799, advised on March 25, 2008, he referenced opposing the payment of the annual allocations of the Development Authoritv debt, which is approximately $100-MILLION a year to pay for a $l-BILLION debt. The majority of the debt went to the Resort area. On page 38 of the Executive Summary, the Town Center TIF brought in $5.1-MILLION This does not come close to paying for $100-MILLION in debt.. The Virginia Beach Development Authority authorization form the General Assembly states the Authority is to pay for debt incurred from proceeds of their projects. John D. Moss, 4109 Richardson Road, Phone: 363-7745, Chairman - Virginia Beach Taxpayers Alliance, expressed appreciation to the brave men and women in uniform "defending our liberties, which are exercised tonight". The City Manager's proposed budf!et falls short of recognizing the financial hardship whichfamilies and small businesses are under and the needfor real tax relief The proposed Budget recommends increased taxes andfees on already overly taxed businesses. Over the last seven (7) years, when private sector wages have failed to keep pace with the real cost of living, City Council has annually increased spending almost nine (9%) percent while population has increased only two (2%) percent and student enrollment has declined. April 1, 2008