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HomeMy WebLinkAboutMARCH 4, 2003 MINUTESCITY COUNCIL MAYOR MEYERA E OBERNDORF, At-Large VICE MAYOR LOUIS R JONES, Baystde - District 4 HARRY E DIEZ, EL, Kempsvdle ~Dtstrtct 2 MARGARET L EURE, Centervtlle -Dtstrtct 1 REBA S McCLANAN, Rose Hall- Dtvtrtct 3 RICHARD A MADDOX, Beach - Dtvtrtct 6 JIM REEVE, Prmcess Anne -Dtstrtct 7 PETER W SCHMIDT, At-Large RON A VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L WOOD, Lynnhaven -Dtstrtct 5 JAMES K SPORE, Ctty Manager LESLIE L LILLEY, Ctty Attorney RUTH NODGES SMITH, MMC, Ctty Clerk CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 4 March 2003 CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGII~TA 23456-8005 PHONE (757) 427-4303 FAX (757) 426-5669 E MAIL Ctycncl~vbgov corn I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:00 PM to Bo C. Photo Red Lights A.M. Jacocks, Chief- Pohce Department Comprehensive Plan Robert Scott, Director - Planning Department Sandbndge Road E. Dean Block, Director - Pubhc Works II. REVIEW OF AGENDA ITEMS III. COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room- 4:00 PM to Bo CALL TO ORDER- Mayor Meyera E. Obemdorf ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION D. CERTIFICATION OF CLOSED SESSION E. CITY COUNCIL INFORMAL DISCUSSION VI FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Rod Puckett Associate Pastor, Avalon Hills B~ble Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. MINUTES 1. INFORMAL AND FORMAL SESSIONS February 25, 2003 F. AGENDA FOR FORMAL SESSION A. CONSENT AGENDA H. PUBLIC HEARING 1. Excess property at 1876 Wildwood Drive re Powell Development, LLC. I. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the C~ty Code: ao §7-9 re Bicycles, Mopeds and Rental Agencies, comphance with advertising restrictions. b. § 21-356 re Reflective Materials on vehicles . Ordinance to DECLARE the EXCESS PROPERTY at 1876 Wildwood Drive; AUTHORIZE the City Manager convey to same to Powell Development, L.L.C. containing approximately 2 acres, and said revenue to be applied to the Beach House acquisition and Community Service Board (CSB) land acquisition reimbursement. (DISTRICT 5- LYNNHAVEN) , Ordinances to AUTHORIZE temporal_ encroachments into City-owned right of way at Wilderness Lane in West Neck Villages for Baymark Construction re a concr6te golf cart- path. (DISTRICT 7 - PRINCESS ANNE ) , Ordinance to ACCEPT and APPROPRIATE a $118,849 Grant from the United States Justice Department re computer software, technology upgrades, and tratntng tn leadershtp and ethtcs for the Police Department. J. PLANNING o Applications of HARBOUR DEVELOPMENT CORPORATION, L.L.C. at North Landing and West Neck Roads, containing 65.1 acres, (DISTRICT 7 -PRINCESS ANNE) ao Change of Zontng Dtstrtct Classtficatton from AG-1 and AG-2 Agricultural to Conditional R-30 Residential re single family lots no less than 18,000 sq. ft b. Condtttonal Use Permit re Open Space Co Variance Appeal re certain elements of the Subdivision Ordinance, Section 4.1 (m), that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) and reduce required street width Deferred: July 9, August 13, October 8, 2002, January 14 and February 4, 2003. Recommendation: APPROVE Revised Plan & Proffers K. APPOINTMENTS HUMAN RIGHTS COMMISSION THE PLANNING COUNCIL L. UNFINISHED BUSINESS M NEW BUSINESS No ADJOURNMENT 2003 April 1 April 8 April 15 April 22 April 24 April 24 May 1 May 1 May 6 May 13 Resource Management Schedule Presentation to Clt Council of FY 2003-04 Proposed Resource Management Schedule Economic Vitality and Cultural and Recreational Oppormmtles RMP Workshop Quahty Education and Lifelong Learning RMP Workshop Quality Orgamzatlon RMP Workshop Safe Community RMP Workshop Public Hearing - Proposed FY 2003-04 Resort ManagementPlanmng - Kellam High School - 6 00 P M Family and Youth opportunities RMP Workshop Public Hearing -Proposed FY Resort Management Plarmlng - City Council Chamber - 6 00 P M Reconciliation Workshop City Council ADOPTION FY 2003-04 Resort Management Plan City Council, in trying to be more responsive to the needs of citizens who attend the meetings, has adopted the following t~me limits for future Formal Sessions: Applicant or Applicant's Representative 10 Minutes Attorney or Representative for Opposition 10 Minutes Other Speakers - each 3 Minutes Apphcant's Rebuttal 3 Minutes THESE TIMES WILL BE STRICTLY ADHERED TO. Agenda 03/04/03/bib www vbgov com If you are physically disabled or visually impaired and need assistance at th~s meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call' TDD only 427-4305 (TDD- Telephonic Device for the Deaf) MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 4 March 2003 Mayor Meyera E Oberndorf called to order the CITYMANAGER '$ BRIEFING re RED LIGHTPHOTO ENFORCEMENT tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, March 4, 2003, at 100PM Council Members Present Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Rosemary Wtlson and James L Wood Counctl Members Absent Peter W Schmtdt [Entered 1 07 P MI Ron A. Vtllanueva [Entered Formal Session 6 O0 P MI -2- C I T Y MA N A G E R 'S BRIEFING RED LIGHT PHOTO ENFORCEMENT 1:00 P.M. ITEM # 50845 The Ctty Manager tntroduced Pohce Chtef A M dacocks to present addtttonal tnformatton relative Red Light Photo Enforcement, a tool proposed to be benefictal tn reducing traffic accidents at mtersecttons Chtef dacocks advtsed "red light running" ts a problem tn l/'trgmta Beach and a concern of a great number of ctttzens These concerns are expressed tn many different venues Chtef dacocks mtroduced Lteutenant Tony Zucaro, Spectal Operations Lieutenant Zucaro advtsed six (6)jurisdictions tn Northern Vtrgtma currently have this type of technology tn place There are approxtmately seventy (70)jurisdictions throughout the Umted States utthztng the red lightphoto enforcement The Vtrgtnta State Code allowtng the use of thts technology has a sunset clause of July 1, 2005 At the next and following Sesstons of the General Assembly, there wtll be concerted effort on the part of Legtslators prtmartly from Northern Vtrgtnta, to etther extend or remove thts sunset clause. Lteutenant Zucaro, advtsed a considerable amount of research has been conducted relattve "red light running". Information was dtstrtbuted "Talking Points", "`4utomated Red Light Enforcement Executive Summary" and a booklet: ",4 Guide to Red Light Camera Programs" Extenstve research has been conducted, encompasstng "face to face" mtervtews wtth experts and vtstts to Northern Ftrgmta wtth fieM studtes at Washmgton, D C and Arhngton, lZtrgmta The Red Light Violators Each year tn the Umted States, red hght vtolators cause 1-MILLION crashes 250,000 injuries 2,000 deaths Fatahttes resulttngfrom red hght vtolattons have mcreased three trines that of any other traffic related fatahty In terms of tnjurtes, deaths and property damage, the annual cost of red hght vtolattons exceed $7-BILLION From a local perspecttve, utthztng the Nattonal Htghway Traffic Safety and Admtntstrattons Formula examines the key components producttvtty losses, property damage, medtcal, rehabthtatton, legal and court costs, as well as emergency servtces, the Ctty ts looking at close to $2.$-MILLION in loses for 2001. Deputy Chtef James Cervera, Operattons, adwsed the $2.5-MILLlONcost resulttngfrom acctdents tn 2001, also tncludes the cost to the ctttzen, t e tnsurance Thts ts notjust a City cost March 4, 2003 -3- C I T Y MA N A G E R 'S BRIEFING RED LIGHT PHOTO ENFORCEMENT ITEM # 50845 (Continued) Multiple Vehicle Accident Numbers for the City of Virginia Beach 2000 - 374 crashes out of 7681 multtple vehtcle crashes tn Vtrgtnta Beach were caused by dtsregar&ng Stop Ltghts Thts was 4 8% of the crashes tn Vtrgtnta Beach 2001-393 crashes out of 7519 multtple vehtcles crashes tn Vtrgtnta Beach were caused by dtsregardtng Stop Ltghts Thts was 5 2% of the crashes tn Vtrgtnta Beach The aforementtoned tnformatton was comptled from the data submttted by the City's Pohce Officers and thetr acctdent tnformatton The use of cameras wtll enable the tntersectton to be momtored for vtolattons wtthout a untformed pohce officer betng present Cameras wtll allow the Pohce Department to focus on other Pohce servtce needs The cameras wtll be tn operatton 24-hours a day, thus gtvmg the Ctty the proverbtal pohceman on every corner for the momtored tntersecttons Only the vtolators would be captured on the photographs The camera system only becomes active after the signal goes tnto the red cycle If there ts not a red hght runmng vtolatton, no photograph ts captured There ts no momtortng of the tntersectton durtng the green hght cycle Cameras can be a force multiplier for the Pohce Department The technology of prectse, objecttve and conststent enforcement leads to tncreased rates of comphance to the "red light running" vtolattons Owner Liability Virginia law ts wrttten as an "owner habthty state" The drtver ts not tdenttfied as thts ts a ctvd matter handled by the Ctvtl or Traffic Court Vtolatton notice ts sent to the owner of vehicle, not the drtver No potnts agatnst the driver's record or the owner's record No tnsurance tmphcattons Stmtlar to a parking summons Fleet and rental vehtcles are also handled tn the same manner as parktng vtolattons Virginia State Code mandates the City adopt a paralleling City Code should the City effect this technology March 4, 2003 -4- C I T Y M ~4 N,4 G E R 'S BRIEFING RED LIGHT PHOTO ENFORCEMENT ITEM # 50845 (Continued) Consistent enforcement leads to a reduction in red light violations throughout the City Other locahttes have noticed a reduction tn red hght vtolatton and acctdents at monttored tntersectlons They have also recorded a drop tn vtolattons at non-momtored tntersecttons Fatrfax County, Vtrgtnta Vtolattons dropped 36% over the first 3 months of enforcement with cameras Vtolattons dropped 69% after 6 months of enforcement wtth cameras Acctdents at the monttored tntersecttons dropped 40% At monttored tntersecttons rear-end colhstons tncreased 5% - lO%for the first few months as a result of vehtcles stopping that would normally travel through the red hght After the tntttal few months, these numbers drop back to the ortgtnal numbers prior to cameras Pubhc approval rating of 80% for the system Lteutenant Zucaro &splayed a series of photographs The first photograph was taken before the vehtcle crosses the stop bar There wtll be "looped" detectors tn the htghway, whtch wtll be placed on a mtle per hour threshold designated by the Pohce Department, Traffic Engtneertng and the selected vendor If the mtle per hour threshold ts 20 mtles per hour, a vehtcle has to cross these loops at least 20 mtles per hour to acttvate the camera, then the firstphotograph will be recorded All photographs would show the red hght vtolatton For clartficatton, each photograph ts tmprtnted wtth tnformatton that details the date, ttme and locatton The second photograph ts taken after the vehtcle ts tn the tntersectton Addtttonal tnformatton deptcts the ttme lapsed between photographs The thtrd photograph would deptct the aforementtoned tnformatton and be marled to the owner of the vehtcle tn vtolatton Lieutenant Zucaro &splayed a sample photo deptcttng an acctdent at the intersection The first two photographs would be utthzed by the Pohce Officers tn courtroom testtmony As per request of Ctty Counctl, the term "vtolattons" rather than vtolator shall be utthzed durtng pubhc educattons sesstons Red hght cameras are currently being used tn over seventy (70) localtttes Artzona, Caltfornta, Colorado, Delaware, Dtstrtct of Columbta, Maryland, New York, North Carohna, Ohto, Oregon, Vtrgtnta and Washtngton New York's program ts the longest standtng program and has been tn operation since 1993 March 4, 2003 -5- C I T Y MA N A G E R 'S BRIEFING RED LIGHT PHOTO ENFORCEMENT ITEM # 50845 (Continued) Out of the seventy (70) municipalities, New York Ctty ts the only ctty operattng the technology and program 100°.4 with city staff All other mumctpahttes have vartous levels of outsourctng wtth the vendor Six (6) cities in Virginia utthze red hght photo enforcement Alexandrta, Arhngton, Fatrfax Ctty, Fatrfax County, Falls Church and Vtenna Steps involved in complete processing service Violation Detected Data retrieved-reviewed for violations Vehicle owner identified Contest summons-violator due process Notice mailed Police verify violation Payment received or court date set 70-75°.4 return ~4nalysis/reports Continuous public information campaign Lteutenant Zucaro advtsed the vehicle owner can techntcally state, under an affidavtt sworn before a Notary Pubhc, that were not the drtver, or thts ts not their vehicle If the tndtvtdual ts not the driver, they would be asked to tdenttfy who was tn possession of the vehtcle Then, the pohce would reaccess to determtne whether to proceed further wtth the ctvtl violation Vtolatton Crtterta Vtolatton crtterta will be set by Traffic Engtneertng and the Pohce Department Spectal Ctrcumstances Emergency Vehicles Funeral Processtons If vehtcles move through an tntersectton for a spectal ctrcumstance, then no vtolatton nottce wtll be tssued Two of the cities tn Vtrgtma have "zero tolerance" threshold Once the red hght turns red, any vehicle gotng through that mtersectton ss tn vtolatton Fairfax County has the most hberal threshold of. 4 The Ctty of Vtrgtnta Beach would be revtewtng somewhere tn between these thresholds The tntersectton of Independence and Vtrgtnta Beach Boulevard has a current ttmtng tnterval of the yellow hght at 4 3 seconds If the Ctty's threshold was tmplemented at .4, thts would enable the drtver to have almost five (5) seconds to stop for the red hght Relattve the sttuatton tn Cahfornta concerntng the matters of fund ratsmg and traffic safety, Lteutenant Zucaro advised the dtlemmas encountered on the West Coast were researched Part of the problem was viewed by the courts as the vendor betng revenue driven vs a pubhc safety issue The Court actually dtsmtssed several hundred of these vtolattons The vendor had improperly and tnsuffictently placed cameras up there[ore they captured only the first photograph The Court could not make a final dectston of the vtolatton wtthout the second photograph March 4, 2003 -6- C I T Y MA N A G E R 'S BRIEFING RED LIGHT PHOTO ENFORCEMENT ITEM # 50845 (Continued) The Requests for Proposals (RFP) were constructed tn a transacttonal based sttuatton, t e the vendor was pard by the ttcket As part of the Ctty's recommendattons, a contract wtll be sohctted seektng a flat based fee, graduated over the length of the contract, approximately three (3) years. The State Code allows a ctty to have a maxtmum of twenty-five (25) cameras The Ctty would be evaluating between five (5) and ten (10) cameras and revtewmg the core tssues of the troubled tntersecttons Part of the stte selectton, wouM be revtewtng the method the sttes are engtneered, runntng ltghts violations, crash data and how problemattc the tndtvtdual sttes would be concermng enforcement and revtewmg the tntersecttons from a pedestrtan aspect ShouM a Request for Proposal be accepted, a thirty-day grace period would ensue for the tssumg of the actual summons vtolattons In thts thtrty-day wtndow nottces of warntng would be marled Summary from Arlington County Three momtored tntersecttons From August 1998 to December 1999 Marled 22, 462 cttattons Recetved payment on 15,872 cttattons (71%) Reduced the number of red hght vtolattons at momtored sttes by 42% Recetved an 80% approval rattng wtth the pubhc Received a 65% approval rattngfor expan&ng the system Reduced red hght vtolattons by 9 6% over the last stx months for the enttre county Police Department Recommendations City implement Red Light Photo Enforcement Vendor will be responsible for the majority of the outsourcing Fixed monthly fee No up-front costs Vendor installs all equipment Vendor leases cameras to the City March 4, 2003 -7- C I T Y M A NAG E R 'S BRIEFING RED LIGHT PHO TO ENFOR CEMENT ITEM # 50845 (Continued) Lteutenant Zucaro advtsed the top five (5) tntersecttons, based on total crash data and red hght runmng vtolattons, have been revtewed and are being considered A range of five (5) to ten (10) cameras ss bemg constdered The placing of one or two cameras would depend upon the mechamcs and geography of the tntersectton Data has been comphed from 1999 to 2001 hsttng the top twenty-five (25) acctdent tntersecttons Thts ss further detat[ed concerntng the top tntersecttons for "runntng red hght" vtolattons and types of acctdents Charts and stattsttcs from Traffic Engmeemng tncorporate the nattonal formula Coptes of tnformatton shall be provtded to Ctty Council relattve the five (5) intersections concernmg the reasons chosen, types of vtolattons, number of crashes as well as other problems Cameras cost approxtmately $7,000 to $8,500 a month, tfleased from the vendor The matntenance package and tnstallatton costs are tncluded Deputy Chtef Cervera advtsed tn Northern Vtrgtnta essentially summons are very high and "sptke" very qutckly However, the good news ts the pubhc decides to stop runntng red hghts, accidents and therefore summons decrease Informatton shah be provtded relative the number of fatalities in 2001 resultmgfrom crashes Lteutenant Zucaro advtsed Virginia, as a state, was written as an "owner liability" versus a "driver Hability" Some of the states do have a driver liability, however, this places more burden on the muntctpahty to provide tdenttficatton of the driver Vtrgmta took the optton to go wtth owner habthty and handle same as a ctvtl matter ,4 three prong approach ss betng constdered education of the communtty, engmeertng of the sites and enforcement There ts no Dtvtston of Motor Vehtcles (DMV) and no insurance tmphcatlon Therefore, no points are depicted on the record When the court packages are recetved by the Pohce Department, the Vendor must provtde a certtficate stattng the crtterta and quahty control has been met The Vendor and the Pohce staff would conductjotnt tramtng The Officers testtfytng tn Court would be able to respond to the chatn of evtdence, mtegrtty and credtbtltty of the system March 4, 2003 -8- C I T Y MA N A G E R 'S BRIEFING COMPREHENSIVE PLAN 2:03 P.M. ITEM # 50846 Robert d Scott, Dtrector of Planntng, advtsed, as requtred by Vtrgtnta law, every locahty must have a Comprehensive Plan whtch must be revtewed at least once every five years The current "award winning" Comprehensive Plan was adopted November 4, 1997. Thts Plan was adopted on Tuesday of that week and on Frtday, the Mayor turned the valve to commence the flow of water from the Lake Gaston project In Vtrgtnta, the Comprehensive Plan ts a "Gutde" The Comprehensive Plan, tn some states, ts a mandatory element whtch must be followed wtth every decision on land use The Comprehensive Plan ts Ctty Counctl's offictal pohcy re the phystcal development of the Ctty All Comprehensive Plans must include certam elements housmg, transportatton and envtronmental The most important aspect of the Plan ts to balance competing interests. The first Comprehensive Plan was adopted tn 1979, with revisions in 1985 and 1991. In 1997, the Comprehensive Plan was amended The Plannmg Commtsston ts the author of the Comprehensive Plan. The Commtsston ts responstble for drafting the Plan and forwardtng tt to Ctty Counctl for review The current Plan has been strongly based upon ctttzen tnput Thts added addtttonal strength The Planntng Commtsston has already conducted rune (9) open houses throughout the communtty After the DRAFTof the Plan ts comptled, the Planntng Commtsston will agatn seek revtew by thepubhc Addtttonal workshops have been conducted and the meetings of the Planmng Commtsston are open to the pubhc One stgmficant advantage ts the City Webstte whtch provtdes more readily avatlable tnformatton to the general pubhc Tom Pauls, Comprehenstve Planner, has been very mdustrtous tn meetmg wtth mdtvtdual groups around the communtty (t e ctvtc leagues, bustness organtzattons, homeowners assoctattons). The Planntng Commtsstons ts conttnutng to have contact with adjacentjurtsdtcttons, most notably Chesapeake A Jotnt Meeting may be scheduled wtth the Chesapeake Planntng Commtsston to dtscuss matters of common tnterest In the last two months, the Planntng Commtsston has been conducttng Workshops approxtmately weekly to complete the DRAFT Comprehensive Plan. These workshops are planned to continue through the Sprtng The Planntng Commtsston should forward a DRAFT to the Ctty Counctl approxtmately mtd to late Summer The United States Census Bureau projects by the year 2050 the populatton will be 403-MILLION This ts an addttton of l 28-MILLION more than the current populatton Thts equates to 28,000 more square mtles of housing, 63-MILLIONaddtttonaljobs and l O0-MILLIONaddtttonal motor vehtcles Approxtmately one (1) out of every six hundred (600) Amertcans ts a Virginia Beach resident As opposed to the 130,000 populous added tn the decade of the 1980's, about 30,000 was added tn the decade of the 1990's The Ctty's population growth rate is now between 1/2 % and 3/4 % a year Thts ts a comfortable rate of growth, unhke the raptd rates of growth faced tn recent years Smce the 1990 Census, those trends are conttnutng There ts demonstrattvely a shortage of undeveloped land north of the Green Line (approxtmately 6, 000 acres) Much of thts acreage has condtttons assoctated that are not favorable for development Development proposals are smaller but more troublesome projects More vartances are requested and there are more tmpacts on some of our envtronmental areas The Wetlands and Chesapeake Bay Preservatton Area Boards are buster than tn prevtous ttmes Pohctes and programs must be tn place to protect our ctty agamst these effects The Ctty needs to redefine the meaning of growth In the 1960's, 1970's and 1980's, growth clearly was population based. There should be growth of quality jobs, tax base, amenities to our citizens and the quality of life The Ctty should consMer what means are necessary to achteve those elements of growth, thus deahng wtth the Comprehensive Plan becomes a more comfortable exercise March 4, 2003 -9- CITY MA NA G E R 'S BRIEFING COMPREHENSIVE PLAN ITEM # 50846 (Continued) The Ctty Councd, durtng thetr Retreats, dtscussed redevelopment as an tmportant aspect Redevelopment would be defined as the replacement of extsttng uses and structures wtth uses and structures that better achieve prtvate and pubhc sector goals Redeveloping certatn porttons of the City north of the Green Ltne tnto land use and development configurattons seems to be the best chotce The Comprehensive Plan will be based on three (3) principals Need to trace all elements back to the City Counctl ~ desired outcomes (butldmg blocks) Economtc Vttahty, Safe Commumty, Quahty Educatton and Ltfelong Learntng, Quahty Phystcal Environment, Cultural and Recreattonal Opportuntttes, Famtly and Youth Opportuntttes and Quahty Ctty Organtzatton Parts of Virginia Beach are becoming more unhke each other every day The rural area ts a dtsttnct area of the city and deserves pohctes and treatment which would not work tf apphed to the Lynnhaven Dtstrtct The majortty of restdents hve tn the suburban areas (well developed and healthy) These areas also require pohctes of protectton relattve tnapproprtate tnfill pohctes, envtronmental tntruston, etc The Tourtst area between the Martne Sctence Museum and 42"a Street, needs treatment by the Ctty whtch would be tnapproprtate tf apphed anywhere else Distinct neighborhoods also extst Chtc's Beach, Stratford Chase, North Vtrgtnta Beach These netghborhoods all have thetr own challenges and need to be dtfferenttated The I-264 Vtrgtnta Beach Boulevard Corrtdor (stretchmgfrom Newtown to Btrdneck Road) has etght (8) tnterchanges, whtch ts prtmartly tndustrtal, commerctal and retatl tn nature Redevelopment should probably be concentrated tn these areas The Comprehenstve Plan must have a redevelopment strategy that defines the process In order to matntatn the charactertsttcs and keep the Ctty vtbrant and healthy, certatn aspects must change Open Space wtll be an "important glue" which, tn the future, holds the Ctty together The City Counctl ts an tmportant leader tn open space Strategic growth areas wtll be discussed If the City grows the 1/2% to 3/4% per year, as tn the past fifieen (15) years, thts wtll sttll add approxtmately 75,000 individuals in 2 ~ decades. Through the efforts of Economtc Development and the Development Authortty, thousands of meantngful jobs have been attracted to the Ctty Mr Scott shall have coptes of this Brtefing dtstrtbuted to the Mayor and Ctty Counctl Mayor Oberndorf expressed concerns relattve redevelopment Indtvtduals equate redevelopment wtth pubhc houstng Some of the mtstakes of other Houstng /luthortttes tn thts regton have chased restdents out of thetr parttcular ctty and tnto Vtrgtnta Beach Mr Scott advtsed the first step would be the definttton of redevelopment March 4, 2003 -10- C I T Y MA N A G E R 'S BRIEFING COMPREHENSIVE PLAN ITEM # 50846 (Continued) The Planntng Commtsston has coptes of the voluntary tool box which the Ctty Attorney developed and City Counctl utdtzed durtng thetr retreat. Tax lnvestment Fund (TIF) and the Economic Development lncentive Fund (EDIP) are tools already betng utthzed The Plannmg Commtsston ts chscusstng how these tools mtght be better utthzed and whether to add other tools Changes tn character of the netghborhoods are betng revtewed tn the Comprehensive Plan Concern was expressed relattve mega homes in Sandbridge with ten (10) bedrooms Wtthtn the Rose Hall District, rooms are rented out and manyfamthes occupy one home Home occupattons for repatr of automobiles ts prevalent Concern was expressed relative code enforcement On Newtown Road, lovely homes on the Carolanne stde have extsted for decades and now eleven (11) new homes are bemgproposed to be bmlt on the Norfolk stde (agatnst the sound walls) wtth no curb and gutter Stormwater runoff comes onto the Carolanne stde The Planntng Commtsston also needs to meet wtth the City of Norfolk Mr Scott advtsed tn 1990, the Ctty had approxtmately 17,000 houses over the age of thirty (30)years. By 2002, the City will have approximately 140,000 houses over thirty (30) years old. The Ctty Manager advtsed the Neighborhood Revitalization Plan Briefing has been scheduled for the City Counctl Sesston of April First Mr Scott advtsed approxtmately 33% of the residents Hve in rental housing, whtch ts almost prectsely the nattonal average Mr Scott advtsed relattve occupatton of homes by multt-famthes, the legal systems seem to prevent the government tnterfertng wtth blood relattonshtps The Supreme Court has guaranteed the right of a certatn number of people, unrelated by blood, to occupy the same house Over a certam number ts a reahsttc problem The Ctty Attorney advtsed Deputy City Attorney Btll Macah has written a paper concermng occupatton of multi family homes A Briefing shall be scheduled for a Workshop Sesston March 4, 2003 -11- CITY MANAGER'S BRIEFING SANDBRIDGE ROAD 3:25 P.M. ITEM ii 5084 7 E Dean Block, Director of Pubhc Works, at the request ofCouncdman Schmtdt, shared another approach relattve Sandbrige Road and Nimmo Parkway A prehmtnary compartson of the Sandbridge/Nimmo Parkway Corridor was presented to City Counctl October 8, 2002 A brtefing re the Sandbridge Corridor improvements was dehneated on January 14, 2003 Mr Block &splayed a map of the extsttng Master Transportation Plan: There are four lanes of extstmg roadway on Ntmmo Parkway from General Booth to Upton Drtve by the new WalMart. There ts a 2-lane connector from Upton down to Atwoodtown whtch provtdes an alternative access to the netghborhood The hne deptcted tn "purple" ts a 4-lane dtvtded roadway on Prtncess Anne Road from General Booth to Upton (from 7 Eleven to Food Lton) also part of the Transttton area The other two specific ttems currently on the MTP ts a four lane segment of Sandbrtdge Road runntngfrom Prtncess Anne / Upton to Atwoodtown and a two-lane upgraded roadway on Sandbrtge Road Counctlman Reeve advtsed the certatn potnt afier Atwoodtown ts no longer on Sandbrtdge Road, but Lotus Drtve In the last five years the stgnage has been changed to dtrect traffic from Sandbridge to Lotus Drive. Mr Block referenced Alternative Package Proceed wtth Sandbrtdge Safety Improvements (approxtmately $2 4-MILLION cosO Proceed wtth expanston of Princess Anne Road from General Booth to Upton Drtve (Food Lton) Proceed with Ntmmo Parkway 2-lane collector from Upton Drtve to Atwoodtown Road (Cost Parttctpatton with VDOT) Retain Sandbrtdge Road on the Master Transportatton Plan from Upton Drive to Atwoodtown Road as 4-lane facthty to preserve developer commttments Delete Sandbrtdge Road from the Master Transportatton Plan east of Atwoodtown Road Thts would Provtde the safety tmprovements There ts no fundtng avatlable for approximately 10 years Thts would allow Ctty Counctl to constder ctrcumstances and need when fundmg can be reahsttcally constdered March 4, 2003 - 12- CITY MANAGER'S BRIEFING SANDBRIDGE ROAD ITEM # 5084 7 (Continued) The fundamental tssue ts the ehmtnatton from the Master Transportatton Plan of any roadway east of Atwoodtown Road The Nimmo Parkway Phase VII right-of-way would also be retained Relattve costs, the Nimmo 2-lane connector was esttmated at $3.8-MILLION, however, the actual Ctty costs rematn to be determined The "blue" portion of Sandbrtdge Road (as a 4-lane htghway) would entail a cost of approxtmately $12-MILLION The utthzatton of tolls has not been constdered Councilman Reeve quoted The Beacon article August 29/30, 1990, entitled "Sandbridge Access" "A new road from General Booth Boulevard to Sandbrtdge ts not tn the Ctty's 10-year htghway constructton plan Ctty Counctlman Harold Hetschober thtnks thts ts a bad tdea and the road should be moved up on the prtortty hst He ts absolutely rtght To spend taxpayers' money ($2.8- MILLION to start) on eroston control at Sandbrtdge without bmldtng safer and more conventent access to the beach ts not fart Ntmmo Parkway to the Beach has been on the Transportatton Plan for thtrty (30)years .... The two-lane road that now serves the area ts unsafe" The matn dtscusston potnt ts to determtne whether the permtt can be obtatned for Ntmmo Parkway from the U S Army Corps of Engmeers If obtatned, the permtt would be good for 10 to I S years, therefore, the Ctty can watt for funding The benefit of Ntmmo ts to have two (2) routes Counctlman Schmtdt explatned hts alternattve for constderatton Councilman Schmtdt wtshed an alternattve not tnvolvtng the envtronmental tmpacts of Ntmmo Phase VII or the Sandbrtdge wtdentng The Ctty does not have the $42-MILLION to wtden Sandbrtdge Road or the $37-MILLION for Ntmmo VII Pressing needs of the Ctty need to be addressed Item 6 of hts alternattve package shall be The Ntmmo Parkway Phase VII rtght-of-way should be retamed Vice Mayor Jones advtsed the current route of Sandbrtdge Road going through Lotus Creek tmpacts the maxtmum number of homes Vice Mayor dones suggested the route come down through the large open space rather than gotng through Lotus Creek Mr Block advtsed thts was the proposal of the Pohce Ctttzens ~ldvtsory Commtttee The Plan shouM have as httle dtsruptton to the communtty as posstble The CAC alternative goes back behtnd the houses on the western stde of Sandbrtdge Road Informatton relattve the cost of the CA C recommendatton wtll beprovtded The safety tmprovements for Sandbrtdge Road (estimated at $2.4-MILLION) have not been destgned, however, the tmprovements have been estimated, based on a focus mtntmtze any ktnd of rtght-of-way acqmsttton (not to tnvolve the Ftsh and Wtldhfe Servtce and stay wtthtn extsttng rtghts-of-way), no dramattc tmprovement tn the curves, better delmeatton of the curves, more hghttng to make the curves more vtstble, stgnahzatton, changes of stgnage even traffic calmtng acttvtttes Counctlman Reeve referenced hts Resolutton relattve Ntmmo Parkway Phase VII extenston to Sandbrtdge Road as bemg the long range Transportation Corridor to the Beach and MODIFY the Master Transportation Plan (as tt extsted 2-~ years ago) Counctlman Reeve requested thts Resolutton be constdered as the first ttem on March 11, 2003 Mr Block advtsed Ntmmo Parkway VII on the MTP ts a 4-lane sectton from Upton to Atwoodtown and a 2- lane sectton from Atwoodtown to Sandbrtdge Beach Mr Block advtsed all three (3) proposed Resoluttons modtfy the Master Transportatton Plan and need to be referred to the Planntng Commtsston March 4, 2003 -13- CITY MANA GER 'S BRIEFING SANDBRtDGE ROAD ITEM # 5084 7 (Continued) Mr Block advtsed presentattons related to these Resolutions shall be tncluded tn C~ty Councd's package Resolutions shall be scheduled for the Ctty Counctl Session of March 11, 2003, and placed on the Agenda after the Planmng ttems to allow for suffictent pubhc comment Safety improvements to Sandbrtdge Road Ntmmo Parkway Phase VII extenmon from current termmus of Atwoodtown Road to Sandbrtdge Beach (Mo&fy MTP) Incorporate Citizens Advtsory Councd (CAC) Recommendatton for Sandbrtdge Road west of Atwoodtown Road (Mo&fy MTP) Delete from Master Transportation Plan Sandbrtdge Road east of Atwoodtown Road The Ntmmo Parkway VII rtght-of-way would also be retatned (Mo&fy MTP) March 4, 2003 - 14- AGENDA RE VIEW SESSION 4:55 P.M. ITEM # 5O848 I 10rdtnance to AMEND the City Code b 3~ 21-356 re Reflective Materials on vehtcles Deputy Ctty Attorney Macah advtsed relattve sectton (b), the amendment ts hne 15 No person shall leave any vehtcle, attended or unattended, upon the paved, tmproved or matn traveled portton of any htghway, o~,~ide of 1... _-2 ..........-I ..... -I_ ~ .... ~ The REVISED Ordznance was distributed ITEM # 50849 12 Or&nance to DECLARE the EXCESS PROPERTY at 1876 Wildwood Drive, AUTHORIZE the City Manager convey to same to Powell Development, L.L.C. containing approxtmately 2 acres, and satd revenue to be apphed to the Beach House acquzsttton and Community Service Board (CSB) land acquzsztton reimbursement (D[S TRIC T 5 - L YNNHA VEN E-mad correspondence from Robert W Horton was referenced expresstng concern the property was not offered for pubhc btd Mr Horton advtsed the assessed land value of the property at 1876 Wddwood Drtve ts $609,849. The $615,000purchaseprtce offered by the Ctty ts far below what the Ctty should recetve Mr Horton was prepared and tmme&ately wdlmg to pay $700, O00 for the property. The City Manager advtsed staff ts recommendtng INDEFINITE DEFERRAL and to &rect the staff to readverttse the property for btd The Ctty Attorney advtsed the land would not be bid, rather proposals would be solicited The Ctty ts not reqmred to adverttse this sale The Ctty would be reqmred to advertise re a lease of property The Ctty ts not obhgated to take the htghest offer Counctlman Wood advtsed thts ttem was dtscussed tn Closed Sesston prevtously and the Ctty Counctl gave dtrectton to the Real Estate Department Thts conveyance was the result Counctlman Wood wtshed thts ttem dtscussed tn the Formal Sesston ITEM # 50850 Mayor Oberndorf advtsed all items on the Ctty Counctl Agenda shall be constdered separately March 4, 2003 - 15- ITEM # 50851 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, March 4, 2003, at 5 06 PM Counctl Members Present Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dsm Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Council Members Absent Ron A Vtllanueva March 4, 2003 -16- ITEM # 50852 Mayor Meyera E Oberndorf entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of I~trgtnta, as amended, for the followtng purpose PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of prospecttve candidates for employment, asstgnment, appotntment, promotton, performance, demotton, salartes, dtsctphntng, or restgnatton of spectfic pubhc officers, appointees, or employees pursuant to Section 2 2-3 711 (A) (1) To Wit Appotntments Boards and Commtsstons Human Rtghts Commtsston Mtnortty Business Council The Planntng Counctl PUBLICL Y-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real propertyfor a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where dtscusston tn an open meeting would adversely affect the bargatmngposttton or negottattng strategy of the pubhc body pursuant to Sectton 2 2-3711(A)(3) Lake Gaston Rehcenstng Agreement Acqutsttton/Dtsposttton of Property - Baystde Dtstrtct Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl voted to proceed tnto CLOSED SESSION. Voting 10-0 Council Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt,, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Ron A Vtllanueva (5:06 P.M. - 6:00 P.M.) March 4, 2003 -17- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL March 4, 2003 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Butldtng, on Tuesday, March 4, 2003, at 6 O0 P M Counctl Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Absent None INVOCATION Reverend Rod Puckett Assoctate Pastor, Avalon Halls Btble Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Oberndorf congratulated Counctlman Ron Vtllanueva on the btrth of hts daughter, Ehse, Frtday, February 28, 2003, at 3 52 A M wezghtng 7pounds 2 ounces The Vtllanuevas' are also movtng tnto a new home March 4, 2003 Item V-E. - 18- CER TIFICA TION OF CLOSED SESSION ITEM # 50853 Upon motton by Vtce Mayor Jones, seconded by Counctlman Wood, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meettng requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch thts certtficatton resolutton apphes, AND, Only such pubhc bustness matters as were identified tn the motion convemng the Closed Sesston were heard, discussed or considered by Vtrgtnta Beach Ctty Counctl Vottng 10-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dsm Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Councd Members Vottng Nay None Councd Members Abstatntng Ron A Vtllanueva Counctl Members Absent None Counctlman Vtllanueva ABSTAINED as he was not tn attendance during the Ctty Council Closed Sesston March 4, 2003 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 # 50852, page 16, and m accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS Section 2 2-3 711(A) of the Code of Vlrglma 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 Vlrg~ma 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 .R/uth H0dges S~mltl~, MMC City Clerk March 4, 2003 -19- Item V-F. 1. MINUTES ITEM # 50854 Upon motton by Counctl Lady Wtlson, seconded by Councilman Schmtdt, Ctty Counctl APPROVED the Mtnutes of the INFORMAL AND FORMAL SESSIONS of February 25, 2003. Voting 11-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None March 4, 2003 - 20- Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM ii 50855 BY CONSENSUS, Ctty Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION March 4, 2003 Item V-G.I. - 21 - INTRODUCTION ITEM # 50856 Mayor Oberndorf recogmzed the following Boy Scouts tn attendance who are worktng on their "citizenship in the community" badge BOY SCOUT TROOP 79 Sponsored by Eleventh Battalion at Fort Story David Stevenson Scout Master Ken Stevenson Merit Badge Counselor Josh Gully Juan Davila Daniel Lewis Blair Brennan Danny Anderson March 4, 2003 Item V-H. 1. - 22 - PUBLIC HEARING ITEM # 50857 Mayor Oberndorf DECLARED A PUBLIC HEARING: Excess property at 1876 Wtldwood Drtve re Powell Development, LLC The followtng regtstered to speak tn OPPOSITION: Robert Horton, 3288 Page Avenue #309, Phone 655-5064, expressed concern theproperty was not offered for pubhc btd Mr Horton advtsed the assessed land value of the property at 1876 Wtldwood Drtve ts $609,840. The $615,000 purchase prtce offered by the City ts far below what the City should recetve Mr Horton was prepared and verbally offered $ 700, O00 for the property Mr Horton proposes to construct town house condomtntums, range of $350, 000, conststmg of all or parttal brtck extertor There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING March 4, 2003 Item V-I.l.a. ORDINANCES - 23 - ITEM # 50858 Upon motton by Vtce Mayor Jones, seconded by Councdman Reeve Ctty Counctl ADOPTED: Orchnance to AMEND Ctty Code ~ 7-9 re Bicycles, Mopeds and Rental Agencies, comphance with advertising restrictions Vottng 11-0 Counctl Members Voting Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Voting Nay None Counctl Members Absent None March 4, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Requested by Councilmember Richard Maddox AN ORDINANCE TO AMEND AND REORDAIN SECTION 7-9 OF THE CITY CODE PERTAINING TO BICYCLE EQUIPMENT REQUIREMENTS AND ADVERTISING PROHIBITIONS Section Amended' § 7-9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 7-9 of the City Code is hereby amended and reordained to read as follows: CHAPTER 7. BICYCLES AND MOPEDS ARTICLE I. IN GENERAL · · · · Sec. 7-1. Definitions For the purposes of this chapter, the following words shall have the meanings ascribed to them in this section, unless clearly indicated to the contrary: Bicycle: A device propelled solely by human power, having pedals, two (2) or more wheels, and a seat height of more than twenty-five (25) inches from the ground when adjusted to its maximum height. Sec. 7-9. Rental agencies to comply with equipment requirements~l advertising prohibitions. k No rental agency or other establishment shall r~rt rent or offer any bicycle, electric power-assisted bicycle or moped for 27 28 29 30 31 32 33 rent unless the bicycle or moped is equipped with all equipment required by this chapter, nor shall any such agency or establishment rent or offer any bicycle which displays any signage or other advertisinq matter for use on the Boardwalk or bicycle path east of Atlantic Avenue except for one siqn not exceedinq one (1) square foot in area and displaying only the name and location of the rental agency or establishment. 34 35 36 37 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day of March, 2003. CA-8765 wmm\ordre s ~bikerent alordin, wpd February 24, 2003 R-2 Item V-Ll.b. ORDINANCES - 24 - ITEM # 50859 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve Ctty Councd ADOPTED, AS REVISED: Ordinance to AMEND City Code ~ 21-356 re Reflective Material on vehtcles Sec 21-345 Stopptng or parktng on htghway generally (b) No person shall leave any vehtcle, attended or unattended, upon the paved, tmproved or mare traveled portton of any highway, - ..... J- of a L ................. ~ ..... J ........ Vottng 1 I-O Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor MeyeraE Oberndorf Jim Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Voting Nay None Councd Members Absent None March 4, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Alternative Version AN ORDINANCE TO AMEND AND REORDAIN SECTION 21-356 OF THE CITY CODE REQUIRING REFLECTIVE MATERIAL ON CERTAIN VEHICLES SECTION AMENDED- ~ 21-356 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA- That Section 21-356 of the City Code is hereby amended and reordained, to read as follows: Sec. 21-356. Stopping or parking on highways generally. (b) No person shall leave any vehicle, attended or unattended, upon the paved, improved or main-traveled portion of any highway, outside of a business or residence district, when it is practicable to leave such vehicle standing off the paved, improved or main-traveled portion of such highway. In no instance shall such vehicle be parked with the rear wheels farther than six (6) inches from the curb. .Further, all trailers with a gross vehicle weight of less than 10,000 pounds shall either be fitted with reflective tape or sheeting on the rear upright side posts of the trailer in a manner clearly visible to approaching traffic, or shall place a reflective cone behind the rear portion of the trailer which is closest to the center of the street. 26 27 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 4th day of March, 2003. CA-8758 DATA/ODIN/PROPOSED/Sec.21-356(b).ord.wpd FEBRUARY 14, 2003 RI Item V-I.2.a. ORDINANCES - 25 - ITEM # 50860 Attorney R E Bourdon, represented the apphcatton, Phone, 499-897], &str~buted a concept of theproject A MOTION was made by Councdman Wood, seconded by Counctlman Schmtdt to ADOPT Ordtnance to DECLARE the EXCESS PROPERTY at 1876 Wtldwood Drtve, AUTHORIZE the City Manager convey to same to Powell Development, L.L.C. contatnmg approxtmately 2 acres, and satd revenue to be apphed to the Beach House acqutsttton and Community Service Board (CSB) land acqutsttton retmbursement (DISTRICT 5- L YNNHA VEN) Vottng 8-2 (MOTION TO ADOPT FAILED FOR LACK OF 9 VOTES) Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Rtchard A Maddox, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Councd Members Voting Nay Mayor Meyera E Oberndorf and Reba S McClanan Councd Members Abstatntng Jtm Reeve Councd Members Absent None Councdman Reeve ABSTAINED as he was not present durtng the particular CLOSED SESSION when dtsposttton of thts property was dtscussed March 4, 2003 - 26- Item V-l.2.b. ORDINANCES ITEM # 50861 Upon motion by Vice Mayor clones, seconded by Councilman Schmtdt, Ctty Counctl DIRECTED the Real Estate Agent to READ VERTISE FOR REQUEST FOR PROPOSAL (RFP) (development, acquisition, sale of two (2) acres of property located at 1876 Wildwood Drive) Vottng 11-0 Counctl Members Voting Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R clones, Reba S McClanan. Rtchard A Maddox, Mayor Meyera E Oberndorf, dsm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and dames L Wood Counctl Members Voting Nay None Counctl Members Absent None March 4, 2003 Item VJ. 3. ORDINANCES -27- ITEM # 50862 Upon motion by Counctlman Reeve, seconded by Vtce Mayor Jones, Ctty Council ADOPTED: Ordinances to AUTHORIZE temporal_ encroachments tnto Ctty-owned right of way at Wtlderness Lane tn West Neck Vtllages for Baymark Construction re a concrete golf cart-path (DISTRICT 7 - PRINCESS ANNE) The followtng condtttons shall be requtred The temporary encroachment shall be constructed and matntamed tn accordance wtt the laws of the Commonwealth of Vtrgtnta, the City of Vtrgtnta Beach and tn accordance wtth the Ctty's spectficattons and approval The temporary encroachment shall termmate upon nottce by the Ctty to the Grantee, and that wtthtn thtrty (30) days after the notice ts gtven, the temporary encroachment must be removed from the encroachment area by the Grantee, and the Grantee will bear all costs and expenses of such removal The Grantee shall tndemntfy and hold harmless the Ctty, tts agents and employees from and agatnst all claims, damages, losses and expenses, tncludtng reasonable attorney's fees tn case tt shall be necessary to file or defend an actton artstng out of the locatton or extstence of the temporary encroachment Nothing herein contained shall be construed to enlarge the permtsston and authortty to permit the matntenance or constructton of any encroachment other than that spectfied heretn and to the hmtted extent spectfied heretn, nor to permtt the matntenance and construction of any encroachment by anyone other than the apphcant 5 The Grantee agrees to matntatn the temporary encroachment so as not to become unstghtly or a hazard The Grantee must obtatn a permtt from the Office of Development Servtces Center/Planntng Department prtor to commenctng any constructton wtthtn the encroachment area Prtor to tssuance ora rtght-of-way permit, the apphcant must post surettes tn accordance wtth the project engmeer's cost estimate, to the Office of Development Servtces Center/Planntng Department March 4, 2003 Item V-L3. ORDINANCES Vottng 11-0 - 28 - ITEM # 50862 (Continued) The Grantee shall obtatn and keep tn force all rtskproperty insurance and general habthty or such tnsurance as ts deemed necessary by the Ctty, and all tnsurance pohctes must name the Ctty as addtttonal named tnsured or loss payee, as apphcable The apphcant must also carry comprehenstve general habthty tnsurance tn an amount not less than five hundred thousand dollars ($500,000), combtned stngle hmtts of such insurance pohcy or pohctes The apphcant must provtde endorsements provtdtng at least thtrty (30) days wrttten nottce to the Ctty prtor to the cancellatton or termtnatton of, or material change to, any of the msurance pohctes The apphcant assumes all responstbthttes and habthttes, vested or conttngent, wtth relatton to the temporary encroachment The City, upon revocation of such authortty and permtsston so granted, may remove the temporary encroachment and charge the cost thereof to the apphcant and collect the cost tn any mannerprovtded by law for the collectton of local or state taxes, may requtre the apphcant to remove such temporary encroachment, and, pendtng such removal, the Ctty may charge the apphcant for the use of such portton of the Ctty's rtght-of- way encroached upon the equtvalent of what wouM be the real property tax upon the land so occupted tf tt were owned by the apphcatnt, and tf such removal shall not be made wtthtn the ttme spectfied by the Ctty, the Ctty shall tmpose a penalty tn the sum of One Hundred Dollars ($100 00) per day for each and every day that such temporary encroachment ts allowed to conttnue thereafter, and, shall collect such compensatton and penalttes tn any manner provtded by law for the collectton of local or state taxes Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Voting Nay None Council Members Absent None March 4, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHT-OF-WAY OF WILDERNESS LANE BY BAYMARK GOLF, L.L.C., ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, BAYMARK GOLF, L.L.C., desire to maintain a concrete golf cart-path into the City's r~ghts-of-way located along Wilderness Lane. WHEREAS, City Council ~s authorized pursuant to ~ 15.2- 2009 and 15.2-2107, Code of V~rgin~a, 1950, as amended, to authorize a temporary encroachments upon the C~ty's right-of-way subject to such terms and condmt~ons as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §~ 15.2-2009 and 15.2-2107, Code of Virgmn~a, 1950, as amended Baymark Golf, L.L.C., assigns and successors in t~tle are authorized to maintain a temporary encroachment for a concrete golf cart-path ~n the City's r~ght-of-way as shown on the map entitled' "EXHIBIT OF THE VILLAGES at WEST NECK SHOWING ENCROACHMENTS BY GOLF CARTPATHS INTO WILDERNESS LANE RIGHT-OF-WAY SEPTEMBER 11, 2002", a copy of whzch is on file mn the Department of Public Works and to which reference is made for a more partmcular descr~ptzon; and 25 26 27 28 29 30 31 32 33 34 35 36 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contamned mn the Agreement between the City of Vmrglnma Beach and Baymark Golf, L.L.C., (the "Agreement") which is attached hereto and ~ncorporated by reference; and BE IT FURTHER ORDAINED that the C~ty Manager or hms authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that thms Ordmnance shall not be in effect until such time as Baymark Golf, L.L.C. and the City Manager or hms authorized designee execute the Agreement. Adopted by the Council of the City of Vmrginia Beach, V~rglnma, on the 4th day of March , 2003. 37 38 39 40 41 42 43 44 45 46 47 48 CA-# gsalmons/baymark/ord. R-1 PREPARED: 01.22.03 ~OVED AS TO CONTENTS S I~NA~ DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND/-P~ CITY AT~ORNE~ -~ PREPARED BY VIRGINIA BEACH CITY ATFORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-81 l(a)(3) AND 58 1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this day of ,2003, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and BAYMARK GOLF, L.L.C., 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 known as The Signature at West Neck Golf Course, further designated and described as follows: PARCEL ONE: ALL THOSE CERTAIN pieces or parcels of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "GOLF COURSE PARCEL 1-3", "GOLF COURSE PARCEL 4-11, 17, 18", "GOLF COURSE PARCEL 12-13", and "GOLF COURSE PARCEL 14-16", all as shown on that certain plat emitled "SUBDIVISION OF VILLAGE E, F, G, H, & GOLF COURSE AT 'WEST NECK' FOR BAYMARK CONSTRUCTION CORPORATION, REF. D.B. 4129 PG. 1937, D.B.4129 PG. 1939, D.B. 4081 PG. 700, M.B. 279 PG. 82-84, GPIN: 1493-63-7894-0000 VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office ofthe Circuit Court ofthe City of Virginia Beach, Virginia in Map Book 303, at pages 96 through 107, inclusive. PARCEL TWO: ALL THOSE CERTAIN pieces or parcels of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "PARCEL C" and "PARCEL D", as shown on that certain plat emitled "SUBDIVISION OF VILLAGE A AT 'WEST NECK' FOR BAYMARK CONSTRUCTION CORPORATION, REF. D.B. 4129 PG. 1939 M.B. 279 PG. 82-84, VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office ofthe Circuit Court ofthe City of Virginia Beach, Virginia in Map Book 290, at pages 1 through 8, inclusive. Parcel One BEING the same property conveyed to the Grantee by Deed of Baymark Construction Corporation dated March 19, 2002 and duly recorded in the aforesaid Clerk's Office in Deed Book 4655, at Page 0604. Parcel Two BEING the same property conveyed to the Grantee by Deed of Baymark Construction Corporation dated June 19, 2002 and duly recorded in the aforesaid Clerk' s Office in Deed Book 4721, at Page 0834. WHEREAS, it is proposed by the Grantee to maintain an existing concrete golf-cart path, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in maintaining the existing Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way along Wilderness Lane "The Temporary Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachmem within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachmem Area for the purpose of maintaining the existing Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment has been constructed and will bemaintained 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: "EXHIBIT OF THE VILLAGES at WEST NECK SHOWING ENCROACHMENTS BY GOLF CARTPATHS INTO WILDERNESS LANE RIGHT-OF-WAY SEPTEMBER 11, 2002," 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 atter the notice is given, the Temporary Encroachment must be removed from The Encroactunent Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional nmned insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost 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 herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Baymark Golf, L.L.C. has caused this agreement to be executed by Richard S. Foster, Manager of Baymark Golf, L.L.C., a limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia has caused this agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk BAYMARK GOLF, L.L.C. Richard S. Foster, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2003, by , City Manager/Authorized Designee of the City Manager of the City of Virginia Beach, Virginia, on its behalf. He / She is personally known to me. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrmnent was acknowledged before me this day of ,2003, by RUTH HODGES SMITH, City Clerk for the City of Virginia Beach, Virginia, on its behalf. She is personally known to me. My Commission Expires: Notary Public STATE OF [,il r01fl ~ ii, CITY/COUNTY dF ~Jl r'[J ~1 i/4 ~t~/Lto-wit: I' The foregoing instrumem was acknowledged before me this day of 0Fi,r~ U{{. ~'t,~ ,2003, by Richard S. Foster, Manager, on behalf of Baymark Golf, L.L.C. He -r j is personally known to me or~ DO~ __as i&ntin~ation. I My Commission Expires: APPROVED AS TO LEGAL SUFFICIENCY APPROVED AS TO CONTENT "', ,, t~,, -~ EITY REAL ESTATE AGENT Rev 07-24-02 0o HAYDEN No d) FRYE 352 200 INDEX SHEET EXHIBIT OF THE VILLAGES at WEST NECK SHOWING ENCROACHMENTS BY GOLF CAR'I'PATHS INTO WILDERNESS LANE RIGHT-OF-WAY SEPTEMBER 11, 2002 1 O0 0 200 4-00 6OO SCALE 1"=200 SHEET 1 OF 6 1 PARCEL 4-ii, ~7,18 BAYMARK GOLF, LL.C. M.B 303, PG. 96-107 DB 4655, PG 604 GPIN-1493-63-7894 29 ~LTH o HAYDEN R 77-1E ' ITAF l~t~OUP GOLF COURSE PARCEL l-3 BAYMARK GOLF, L L.C. IV[ B 303, PG 96-107 D B 4655, PG. 604 GPIN=1493-63-7894 INDICATES ENCROACHMENT AREA EXHIBIT OF THE VILLAGES at WEST NECK SHOWING ENCROACHMENTS BY GOLF CARTPATHS INTO WILDERNESS LANE RIGHT-OF-WAY SEPTEMBER 11, 2002 50 15 0 30 60 90 SCALE 1"= 50 SHE'_ET 2 OF 6 PARCEL 4-11, 17,18 BAYMARK GOLF, L L.C. M.B 303, PG. 96-107 D.B. 4655, PG 604 GPIN=1498-63-7894 3 20' HAYDEN r_~ No F~ INDICATES ENCROACHMENT AREA TAF IGROUP [OOI~.Ni')MARK SQUAR[:~ VIRGiN'IA IIFACII VA 23452 PHONI- (757~ 3aO-50$5-1',~X ~757~a22 30 15 0 EXHIBIT OF THE VILLAGES at WEST NECK SHOWING ENCROACHMENTS BY ~LF CARTPATHS INTO WILDERNESS LANE RIGHT-OF-WAY SEPTEMBER 11, 2002 30 60 90 SCALE 1"= 30 SHEET 3 OF 6 PARCEL 4-11, 17,18 BAYMARK GOLF, L.L.C. M.B. 303, PG 9~-107 D.B. 4655, PG 604 GPIN=1493-63-7894 4 96' F-'-~ INDICATES ENCROACHMENT AREA TAF GROUP 100 LANDMARF~ SQUARE. ". IRG[NIA BF..ACll V ~ 23452 PtlONF (7~7~ 34O-5O55 F%X (759) 422 I?qO 30 15 EXHIBIT OF THE VILLAGES at WEST NECK SHOWING ENCROACHMENTS BY GOLF CARTPATHS iNTO WILDERNESS LANE RIGHT-OF-WAY SEPTEMBER 11, 2002 50 60 90 SCALE 1"= 30 SHEET 4- OF 6 ARCEL 4-11, 17,18 BAYMARK GOLF, L.L.C. M.B. 303, PG. 96-107 D.B 4655, PG. 604 GPIN=1493-63-7894 ~' GOLF COURSE PARCEL 1-3 BAYMARK GOLF, L.L.C. M.B 808, PG 96-107 DB G r'~j INDICATES ENCROACHMENT AREA 7-f./E' ]TAF I~,~UP PHONE (~57~ 340-$05S · F ~.X. (757) 421 50 15 0 EXHIBIT OF THE VILLAGES at WEST NECK SHOWING ENCROACHMENTS BY GOLF CARTPATHS INTO WILDERNESS LANE RIGHT-OF-WAY SEPTEMBER 11, 2002 30 60 90 SCALE 1"= 50 SHEET 5 OF 6 GOLF COURSE PARCEL 4-11, 17 AND 18 BAYMARK GOLF, L.L.C. M.B. 303, PG 96-107 D.B 4655, PG. 604 GPIN=1493-63-7894 98 4,5' GOLF COURSE PARCEL 1-3 BAYMARK GOLF, L.L.C M B 303, PG 96-107 DB 4655, PG 604 GPIN=1493-63-7894 15 66' 4,8. 30 15 0 30 6O SCALE 1"= J0 /~~7-HE TAF IGROUP ~-~ INDICATES ENCROACHMENT AREA EXHIBIT OF THE 9o VILLAGES at WEST NECK SHOWING ENCROACHMENTS BY GOLF CARTPATHS INTO WILDERNESS LANE RIGHT-OF-WAY SEPTEMBER 11, 2002 SHEET 6 OF 6 LOCATION MAP / / // I I // ) /.... // '"" // \ \ /{" <" / \ / ~ ~ "'/~/ / ~", I f ~'/-" × // '~ ~ - ~ - ,....!,,/ ,-,,, x..x,/5..,., ~,~ ,,.;:: x' ,, Y"' ~., I\ ...~.~<,,.~,,~ // ',,. // SEE "EXHIBIT~/OF THE VILLAGES AT ~V~EST NECK" FO R DETAILS (A'TTACH ED) ,/ h // // LOCATION MAP SHOWING ENCROACHMENT REQUESTED ~-? BY BAYMARK GOLF L.L.C. ,,, INTO CITY RIGHT-OF-WAY ALONG WILDERNESS LANE /; ,,/' SCALE: 1" -- 200' / / / ' '/1 BAYMARK GOLF.DGN M.J.S. PREPARED BY PM/ ENG. CADD DEPT. JAN. 9, 2003 - 29 - Item V-I. 4. ORDINANCES ITEM # 50863 Upon motton by Counctl Lady Wtlson, seconded by Counctlman Dtezel, Ctty Counctl ADOPTED: Ordtnance to ACCEPT and APPROPRIATE a $118, 849 Grant from the United States Justtce Department re computer software, technologF upgrades, and trammg tn leadershtp and ethtcs for the Police Department Vottng l I-O (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None March 4, 2003 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE TO ACCEPT AND APPROPRIATE $118,849 IN GRANT FUNDING FROM THE UNITED STATES DEPARTMENT OF JUSTICE TO THE POLICE DEPARTMENT'S FY 2002-03 OPERATING BUDGET FOR THE PROFESSIONAL STANDARDS DIVISION TO IMPLEMENT A NEW COMPUTER SOFTWARE SYSTEM, TECHNOLOGY UPGRADES FOR EQUIPMENT, AND DEPARTMENTAL TRAINING IN LEADERSHIP AND ETHICS WHEREAS, the City of Virginia Beach Police Department has received a federal grant for $118,849 from the United States Department of Justice to implement new computer software, technology upgrades, and training in leadership and ethics. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, Virginia: That $118,849 in grant funds from the United States Department of Justice is hereby accepted and appropriated to the Police Department's FY 2002-03 Operating Budget for new computer software, technology upgrades, and training in leadership and ethics, with revenue increased accordingly. 20 21 Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day of March , 2003. CA-8761 Ordin/Noncode/integrityord.wpd R-4 - February 21, 2003 Management Services Approved as to legal sufficiency- ~ 'Department U.S. Department of Justice Office of Community Oriented Policing Services ! 100 Vermont Avenue, NW Washington, D.C 20530 February 3, 2003 Alfred Jacocks, Jr. Chief of Police Virginia Beach, City of 2509 Princess Anne Road Virginia Beach, VA 23456 RE: Grant # 2002-HS-WX-0035 Dear Chief Jacocks: I am pleased to inform you that your award for "Creating a Culture of Integrity" has been approved in the amount of $118,849. The project period for this Grant is 9/1/2002 - 8/31/2003. Your agency will have one full year to implement your grant. No-cost extension requests will be considered in the last quarter of the grant period. Enclosed in this packet is the award document that you and your Government Executive must sign. On the back of the award document is a list of terms and conditions that will apply to your award. Be sure to familiarize yourself with these terms and conditions. To officially accept the terms and the award, please sign this document and return the original to the COPS Office within 45 days. Failure to submit the signed award document in this 45-day period could result in COPS withdrawing your program and de-obligating your funds. The most updated version of the OJP Financial Guide is now on the Intemet at www. ojp.usdoj.gov/FinGuide. Please contact us if you have questions concerning the most updated OJP Financial Guide or its use in the proper financial management of this award. Also in this packet are additional materials relating to payment methods and procedures for receiving your award funds. Should you have any questions concerning matters related to this award, please do not hesitate to contact Tamara Clark of my staff, at (202) 514-6568. Congratulations again on your award. We look forward to working with you to complete this important project. Sincerely, ~ Acting Depfity Director Enclosures - 30- Item V-K. PLANNING ITEM # 50864 1. HARB O UR DEVELOPMENT CORPORA TION, L.L. C. CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT SUBDIVISION VARIANCE March 4, 2003 Item V-K. 1. - 31 - PLANNING ITEM # 50865 Attorney R E Bourdon, Phone 499-8971, represented the apphcant, dtstrtbuted aertal photographs and letters of support re the proposed Vtctorta Park The cash proffer for open space acqutsttton has been tncreased to $1, O00per lot or $65,000 to the Ctty Attorney Bourdon wtllplace on theplat a statement that all open spaces are pubhc use Thts area will be matntatned by the commumty assoctatton Thts plan assures connecttvtty of trails to other neighborhoods The Vtctorta Park Open Space system tncorporates the proposed tratl hnktng North Landtng Elementary School and West Neck Park and Greenway There wtll be a left turn lane for west bound traffic comtng tnto the stte and artght turn lane Jot east bound traffic Steve Kmght, 2812 North Landtng Road, Phone, 42 7-252 7 The followtng regtstered tn OPPOSITION: Martlyn Danner, 2601 West Landtng Road, Phone, 426- 7390 Georgette Constant, 110 82na Street, Phone 422-2948 Upon motton by Counctlman Reeve, seconded by Counctlman Schmtdt, Ctty Counctl ADOPTED WITH OPEN SPA CE AREA BEING PUBLIC and APPROPRIA TEL Y NOTED ON EA CH PLA T, Ordinances upon apphcattons of HARBOUR DEVELOPMENT CORPORA TION for a Condtttonal Change of Zontng, Con&ttonal Use Permit and a Vartance Appeal to the dectston of Admtntstrattve Officers re certain elements of the Subdtvtston Ordtnance, Sectton 4 4(b), that requtres all newly created lots meet the requtrements of the Ctty Zontng Ordtnance (CZO) ORDINANCE UPON APPLICATION OF HARBOUR DEVELOPMENT CORPORATION, L L C, A VIRGINIA LIMITED LIABILITY COMPANY, FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TIONFROMA G- 1 AND AG-2 TO CONDITIONAL R-30 Z03032134 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcatton ofHarbour Development Corporatton, L L C, a Vtrgtnta hmtted habthty company, for a Change of Zontng Dtstrtct Classtficatton from AG-1 and AG-2 Agrtcultural Dtstrtcts to Condtttonal R-30 Restdenttal Dtstrtct on certatn property located on the south stde of N Landtng Road, west of West Neck Road (GPIN #1493-58-7581) The proposed zontng to Condtttonal R-30 ts for stngle famtly land use on lots no less than 18, 000 square feet The Comprehensive Plan recommends use of thts parcel for approprtate growth opportuntttes, conststent wtth the economic vttahty pohctes of Vtrgtnta Beach Satd property contatns 65 I acres DISTRICT 7 - PRINCESS ANNE The followtng condttton shall be requtred 1 An Agreement encompasstngproffers shall be recorded with the Clerk of Ctrcutt Court, As Revtsed March 4, 2003 Item V-K. 1. - 32 - PLANNING ITEM # 50865 (Continued) ORDINANCE UPON APPLICATION OF HARBOUR DEVELOPMENT CORPORATION, L L C, A VIRGINIA LIMITED LIABILITY COMPANY, FOR A CONDITIONAL USE PERMIT FOR AN OPEN SPACE PROMOTION R030331085 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton ofHarbour Development Corporatton, L L C, a Vtrgtma hmtted habthty company, for a Condtttonal Use Permttfor an Open Space Promotton on certatn property located on the south stde of N Landtng Road, west of West Neck Road (GPIN #1493-58-7580 Satd property contatns 65 1 acres DISTRICT 7 - PRINCESS ANNE AND, Appeal to Dectstons of Admtmstrattve Officers tn regard to certatn elements of the Subdtvtston Ordinance, Subdtvtston for Harbour Development Corporation Property ts located on the south stde of N Landtng Road, west of West Neck Road (GPIN #1493-58-7581) Satd property contatns 65 1 acres DISTRICT 7 - PRINCESS ANNE The followtng condtttons shall be requtred The proffers have also been revtsed to brtng the open space acreage numbers and other provtstons of the revtsed plan tnto conststency wtth the language of the proffers The proffers also tnclude an tncrease tn the amount of money to be contrtbuted to the Ctty per lot for the purpose of acqutrtng land for open space purposes conststent wtth the Outdoors Plan The amount has increased from $750 to $1000, for a total of $65,000 When development takes place upon that portton of the property whtch ts to be developed, tt shall be as a stngle famdy restdenttal communtty of no more than 65 butldtng lots and shall be landscaped substanttally tn conformance wtth the Exhtbtt entitled 'REZONING EXHIBIT OF VICTORIA PLACE, CITY OF VIRGINIA BEACH, VIRGINIA, SHEET 2 OF 2", dated May 15, 2002, prepared by Hassell & Folkes, P C, whtch has been exhtbtted to the Vtrgtnta Beach Ctty Counctl and ss on file wtth the Vtrgtnta Beach Department of Planntng Thts tncludes adherence to the spectes of plants hsted on the plan, the destgn of the bto-retentton benches tn the stormwater management ponds, and all other notes on satd plan March 4, 2003 - 33 - Item V-K. 1. PLANNING ITEM # 50865 (Continued) The entry feature shall be constructed substanttally tn conformance wtth the Exhtbtt entitled "Entry Feature for Vtctorta Park, "dated May 28, 2002, whtch had been exhtbtted to the Vtrgtnta Beach Ctty Councd and ts on file wtth the Vtrgtnta Beach Department of Planntng The destgn and butldtng matertals for the proposedptcmc shelters shall be of stmtlar style and quahty of the spectficattons of the shelter entttled "The Timberland" destgn, tdenttfied tn the En Wood Structures catalog, a detatl of whtch has been exhtbtted to the Ctty Counctl and ts on file with the Planmng Department The final design shall be submttted to the Planntng Director for revtew and approval prtor to the tssuance ora butldtng permtt 5 Open space area shall bepubhc and approprtately noted on each plat These Ordtnances shall be effecttve tn accordance wtth Sectton 107 09 of the Zonmg Or&nance Adopted by the Counctl of the City of Virginia Beach, Vtrgmta, on the Fourth of March, Two Thousand Three Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None March 4, 2003 City of Virginia Beach I~r'fE~-OFFI CE CORRESPOIql)F.~ICF. In Reply Refer To Our File No. DF-5542 DATE: January 6, 2003 TO- Leslie L. Lilley "~ DEPT: City Attorney FROM: B. Kay Wilso~kF DEPT: City Attorney RE: Conditional Zoning Application Harbour Development Corporation, L.L.C., et als The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 14, 2003. I have reviewed the subject proffer agreement, dated May 21, 2002, 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 Enclosure PREPARED BY SYK[S. t~OI~DON. A~E~N &LEVY. PC HARBOUR DEVELOPMENT CORPORATION, L.L.C., a company, BURCH FAMILY LTD. PARTNERSHIP, ARLINE M. ROSENMEIER, Successor Trustee of the Revocable Trust MICHAEL J. STAFFORD, REVOCABLE TRUST Virginia limited liability Joseph H. Howlett, Jr., SR., Trustee of the ROBERT E. STAFFORD, SR. TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 218t day of May, 2002, by and between HARBOUR DEVELOPMENT CORPORATION, L.L.C., a Virginia limited liability company, Grantor, party of the first part; BURCH FAMILY LTD. PARTNERSHIP, ARLINE M. ROSENMEIER, Successor Trustee, and MICHAEL J. STAFFORD, SR., Trustee, Grantor, parties of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WlTNESSETH: WHEREAS, the parties of the second part are the owners of that certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing a total of approximately 65.1 acres and described in Exhibit "A' attached hereto and incorporated herein by this reference. Said parcel is hereinafter referred to as the "Property"; and WHEREAS, the party of the first part is the contract purchaser of the Property and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from AG-1 and AG-2 Agricultural Districts to Condxtional R-30 Resident;al District with a Conditional Use Permit for Open Space Promotion; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 1493-58-7581 PREPARED BY ,~l SYKES. i}Ot~DON. AllE~N & L~/. PC WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of 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 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public heanng before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-30 Zoning District by the existing overall Zoning Ordinance, 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 Zoning Map relative and applicable to the Property, whxch has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its 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 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 this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatxves, assigns, grantee, and other successors in interest or title and which will not be required of the Grantor until the Property is developed: 1. When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more than sixty-five (65) building lots substantially in conformance with the Exhibit entitled "REZONING EXHIBIT OF VICTORIA PARK" (Sheets 1 and 2), dated May 15, 2002, prepared by Hassell & Folkes, P.C., which has been exhibited to the Virginia PREPARED BY I$Y14[$. ~OUI~DON. AtI~N & lEVY. PC Beach City Council and is on V~e ~ith the Virginia Beach Department of Planning {"Concept Plan"). Each building lot shall be developed with double (i.e. two times) the "Total Canopy Cover Required" as specified in the City of Virginia Beach's "Residential Tree Requirement Table" published by the Virginia Beach Department of Planning as of the date hereof. 2. When the property is developed, a central park with connected open space areas containing approximately 28.4 acres of landscaped parklands, lakes, passive recreation areas, community activity areas featuring an extensive pedestrian pathway system, park benches, covered shelters and picnic areas lying outside the residential lots and roadways depicted on the Concept Plan shall be dedicated to and maintained by the Property Owners Association. 3. When the property is developed, the pedestrian pathway system and open space improvements shall be constructed and the installed landscaping shall be substantially as depicted on the Concept Plan. 4. At the entrance to the community the Party of the First Part will construct both right and left turn lanes from North Landing Road and a brick wall, 18 inches in height parallel to North Landing Road on each side of the entrance road as depicted on the Concept Plan. 5. When the Property is subdivided it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions {"Deed Restrictions") administered by a Property Owners Association which shall be responsible for maintaining all common areas, including the community owned open space with pedestrian pathway system, the entrance feature and community activity area. 6. All residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roof, trim, windows, and doors, which is no less than fifty percent {50%) brick, stone, stucco or similar quality materials. Any one story dwelling shall contain no less than 2400 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2600 square feet of enclosed hying area excluding garage area. The Deed Restrictions shall require each dwelling to have, at a minimum, a two {2) car garage. PREPARED BY SYKES. t~OUt~DON. Att~N & LEVY. PC 7. The Grantor recognizes that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on November 4, 1997. The Comprehensive Plan states that development taking place ~n this area should support the primary purpose of advancing open space and recreational uses. In addition to committing fifty percent (50%) of the Property to open space preservation, via the dedication of 28.4 acres to the Property Owners Association as permanent open space and provision for 3.9 acres of green ways within the dedicated public right of ways within the community, the Grantor agrees to contribute the sum of One Thousand and 00/100 Dollars ($1,000.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If the funds proffered by the Grantor in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. Grantor agrees to make payment for each residential lot shown on any subdivision plat prior to recordation of that plat. 8. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the R-30 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdiwsion Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference ~ncorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded m the PREPARED BY S'~q~[S. tlOUttDON. Atl~N & LEVY. P C Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, prowded 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 which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said ~nstrument shall be void. The Grantor covenants and agrees 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 and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions 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 these provisions, the Grantor shall petition 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 Property, and the ordinances 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 they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, %rginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY S~Y[[S. I~OIIt/DON Atl[RN & LEVY. P C WITNESS the following signature and seal: GRANTOR: STATE OF VIRGINIA CITY OF VIRGINIA BEACH , to-wit: HARBOUR DEVELOPMENT CORPORATION, L.L.C., a Virginia limited liability company By: (SEAL) Robert R. Kins Member June The foregoing instrument was acknowledged before me this lOth day 2002, by Robert R. Kinser, Managing Member of Harbour Development Corporation, L.L.C., a limited liability company, Grantor. Notary Public My Commission Expires: August 31, 2002 PREPARED BY AtlERN & L[~. PC WITNESS the following signature and seal: GRANTOR: BURCH FAMILY LTD. PARTNERSHIP e (SEAL) Timothy~ eneral Partner STATE OF VIRGINIA._ C~I=f/COUNTY OF ~-~/~ ~t~x , to-wit: The foregoing instrument was acknowledged before me this ~--.~27 day of May, 2002, by Timothy A. Burch, Sr., General Partner, of the Burch Family Ltd. Partnership, Grantor. Notary Public My Commission Expires: MI/Coammon ~pk~ ?,~-ch 31.202 PREPARED BY WITNESS the following signature and seal: GRANTOR: · ~cla~ AL) ~ . - ~ .- / Arline M. Rosenme~er, Successor Trustee of the Joseph H. Howlett, Jr. Revocable Trust I,J .C . STATE OF ~ CITY/COUNTY OF ~(~ ., to-wit: The foregoing instrument was acknowledged before me this day of 4~p, i 2002, by Arline M. Rosenmeier, Successor Trustee of the Joseph H. Howlett, Jr. Revocable Trust, Grantor. Notary Public My Commission Expires: PREPARED BY SYI~[S. tlOUIIDON. AI1ERN & [D/Y PC WITNESS the following signature and seal: GRANTOR: Michael J. St~orci, ~I~, Trustee of the Robert E. Stafford, Sr., Revddable Trust STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: 2002, by Michael d. Stafford, Trust, Grantor. The foregoing instrument was acknowledged before me this '~[~ ~k day of May, My Commission Expires: 0(o-s0 e o I~ert E. Stafford, Sr. Revocable Notary Public PREPARED BY gYK[$. I~OIII~DON Ali[liN & I.B~Y, PC EXHIBIT "A" All of that certain piece or parcel of land situate near Princess Anne Courthouse in the Seaboard Magisterial District in the County of Princess Anne, Virginia, and more particularly described by metes and bounds as follows: BEGINNING at a point on the southern side of State Highway Route 165 known as North Landing Road, as evidenced by the dedication of a fifteen (15) foot strip of land to Princess Anne County, where same intersects the eastern line of the lane to the Boomer residence, as shown on the plat entitled "Survey of M. W. Flora Property, Seaboard Magisterial District, Princess Anne County, Virginia", dated December 5, 1961, made by Wilfred P. Large, Certified Land Surveyor, said plat to be recorded simultaneously with this deed; and running thence easterly along the southern side of North Landing Road, N. 70° 15' E. a distance of 419.47 feet to a point and running thence S. 23° 19' E. a distance of 279.01 feet to a point; and running thence N. 66° 41' E. a distance of 189.39 feet to a point; and running thence S. 32° 01' E. a distance of 365.79 feet to a point; and running thence S. 32° 32' E. a distance of 733.05 feet to a point; and running thence S. 32° 37' E. a distance of 997.11 feet to a point; and running thence S. 32° 27' 45' E. a distance of 402.31 feet to a point; and running thence S. 49° 56' 35' W. a distance of 1144.41 feet to a point; and running thence N. 32° 24' 51' W. a distance of 1483.87 feet to a point; and running thence N. 26° 40' 06 W. a distance of 102.86 feet to a point; and running thence N. 13° 48' 31' W. a distance of 107.93 feet to a point; and running thence N. 8° 37' 24' W. a distance of 553.62 feet to a point; and running thence N. 11° 59' 58" W. a distance of 909.02 feet, to the point of beginning. GPIN: 1493-58-7581 CONDREZN/HARBOUR/PROFFER7 REV 5/m/02 10 - 34- Item K-K. 1. APPOINTMENT ITEM # 50866 BY CONSENSUS, Cay Councd RESCHEDULED the following APPOINTMENTS: HUMAN RIGHTS COMMISSION THE PLANNING COUNCIL March 4, 2003 - 35 - Item V-M. 1. APPOINTMENT ITEM # 50867 Ctty Counctl chscussed the securtty of Ctty Hall and requested the Ctty Manager assure access to thts pubhc bmldtng durtng pubhc meetings for all citizens March 4, 2003 - 36- Item V-N. 1. ADJOURNMENT ITEM # 50868 Mayor Meyera E Oberndorf DECLARED the Ctty Councd Meettng ADJOURNED at 7:25 P.M. Beverly 0 Hooks, CMC Chtef Deputy Ctty Clerk Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta March 4, 2003