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HomeMy WebLinkAboutJUNE 11, 2002 MINUTESCi CITY COUNCIL MAYOR MEYERA E OBERNDORE At-Large VICE MAYOR WILLIAM D SESSOMS, JR, At-Large LINWOOD 0 BRANCH, 111, Beach -Dtstrtct 6 MARGARET L EURE, Centervdle -Dtstrtct 1 WILLIAM W HARRISON, JR, Lynnhaven -Dtstrtct 5 BARBARA M HENLEY, Prtncess Anne -Dtstrtct 7 LOUIS R JONES, Baystde -Dtstrtct 4 REBA S McCLANAN, Rose Hall - Dtstrlct 3 ROBERT C MANDIGO, JR, Kempsvtlle -Dtstrtct 2 NANCY K PARKER, At-Large ROSEMARY WILSON, At-Large JAMES K SPORE, City Manager LESLIE L LILLEE City Attorney RUTH HODGES-SMITH, MMC, City Clerk of Vir inia Beach "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE (757) 427-4304 FAX (757) 426-5669 EMAIL Ctycncl@ctty vtrgtnta-beach va us June 11, 2002 I. CITY COUNCIL'S BRIEFING - Conference Room- 3:00 PM Il. Ao MAG LEV Vice-Mayor Sessoms and Council Lady Parker CITY MANAGER'S BRIEFING - Conference Room- III. A PRINCESS ANNE BALLFIELDS RELOCATION Steven T. Thompson- ChlefFlnanc~al Officer REVIEW OF AGENDA ITEMS 1V CITY COUNCIL COMMENTS V INFORMAL SESSION - Conference Room - 5:00 PM A Bo CALL TO ORDER - Mayor Meyera E. Obemdorf ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber- 6:00 PM Ao CALL TO ORDER - Mayor Meyera E Obemdorf B INVOCATION: C Reverend Jess Jackson Westwood Hill Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS June 4, 2002 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1 AGRICULTURAL RESERVE PROGRAM (ARP) a. 114 14 acres b. 17.98 acres c 56.37 acres d. 64.94 acres e 59 7 acres - Crags Causeway and West Gibbs Road - 6316 Crags Causeway - 2253 Vaughan Road - 2253 Vaughan Road - 2253 Vaughan Road 2 MASTER LEASE - 31 st Street Parking Garage ORDINANCES/RESOLUTIONS Ordinances to AUTHORIZE the acquisition of Agricultural Reserve Preservation (ARP) easements and issuance of contract obligations: (DISTRICT 7 - PRINCESS ANNE) a John P. Lancaster 114.14 acres $335,201 Installment Purchase Agreement No. 2002-45 b. Margaret Patsel 17.98 acres $55,738 Installment Purchase Agreement No. 2002-46 c. Robert P. and Edward L. Vaughan 56 37 acres $318,087 Installment Purchase Agreement No. 2002-47 d. Edward L. Vaughan 64.94 acres $229,188 Installment Purchase Agreement No. 2002-48 e Kathy Vaughan 59.7 acres $268,767 Installment Purchase Agreement No 2002-49 . Ordinance to AMEND §§ 21-71 through 21-77, 21-79, 21-85, 21-86 and 21-364, 21- 75.1, 21-78, 21-80 through 21-84 and 21-87 of the City Code re DMV collection of local vehicle license fees. . Ordinance to AMEND §§ 21-424, 21-426 and 21-429 of the City Code re fees and access trips for towing of vehicles from private property. 4 Ordinances re temporary encroachments into a portion the City's rights-of-way: London Budge Creek by GEORGE J. AND MARSHA A. DANCIGERS re a pier, wharf and stone revetment at 2701 Cattayle Run (DISTRICT 5 - LYNNHAVEN) Easement at London Bridge Creek by L & S ASSOCIATES, LLC (WAWA) re a 300-foot canal at the rear of Parker Lane (DISTRICT 6- BEACH) Ordinance to ACCEPT and APPROPRIATE a $2,519,000 Congestion Mitigation and A~r Quality Grant for upgrading cltywlde traffic signal system wlthVDOT funding. o Ordinance to APPROPRIATE $80,000 from the General Fund for an Interest-Free loan to Kempsvllle Rescue Squad re ambulance replacement. o Ordinance to APPROPRIATE $23,350 revenues received through Wetlands and Coastal Primary Sand Dunes Zoning violations to the FY-2001-02 operating budget re Department of Agriculture's special projects. 8 Ordinances re COMPENSATION a. City Manager b City Attorney c. City Clerk d. City Assessor . Resolution to AUTHORIZE the City Manager to make application for the proposed Green Sea Scenic Byway designation for certain roadways between Sandbrldge, Newbndge and Sandfiddler Roads. 10. Resolution to ACCEPT the Shore Drtve Transportatton Study with its recommendations. 11. Resolution to AUTHORIZE reconstruction/relocation of a nonconforming duplex at 305 26 ½ Street, subject to certain limitations. J PLANNING . MODIFICATION OF CONDITIONS to extend the April 24, 2001, approved Conditional Use Permit for a borrow pit in behalf of MR. and MRS. MICHAEL L. CULLIPHER at 772 Pnncess Anne Road. (DISTRICT 7 - PRINCESS ANNE) Recommendation' APPROVAL Application of L.B.H., L.L.C. for the &sconttnuance, closure and abandonment of the unimproved portion of Ferry Point Road south of Indian River Road, containing 2,383 square feet (DISTRICT 1 - CENTERVILLE) Recommendation: APPROVAL Applications of General Booth Storage, Inc., a Virginia corporation, on the west side of General Booth Boulevard. (DISTRICT 6- BEACH) a. Modtficatton of Condtttons placed on the application for a conchttonal use permtt for mira-warehouses on October 9, 2001, to allow this variance Vartance re subdividing three lots into two and provide for a more orderly development of this site Recommendation: APPROVAL . Application of Robert E. Steinhilber for a Vartance of the Subdivision Ordinance, located on the west side of Crags Causeway, south of Baum Road to meet lot width and street frontage requirements (DISTRICT 7- PRINCESS ANNE) Recommendation: APPROVAL . Apphcatlon of Charlie Falk Auto Wholesaler, Inc., for a Conditional Use Permtt re motor vehicle sales and service on the south side of Virginia Beach Boulevard, east of Groveland Road, (3237 Virginia Beach Boulevard), containing 1.549 acres. (DISTRICT 3 - ROSE HALL.) Recommendation: APPROVAL . Application of City of Virginia Beach, Virginia re the City's Comprehensive Plan amendment to add the Shore Drive Corridor Design Guidelines. Recommendation APPROVAL Apphcatlon of CHARLES F. BOWDEN for a Change ofZomng Dtstrtct Classtficatton from R-30 Residential D~strict to Conditional R-20 Residential District on the west s~de of Wakefield Drive, south of Delray Drive on Parcel A, Section 8, Part 4, Thoroughgood. (DISTRICT 4- BAYSIDE) Deferred: Staff Recommends: Planning Commission Recommends. April 23, 2002 APPROVAL DENIAL Application of SUDHAKAR J. LAVINGIA for a Change ofZomng Dtstrtct Classtficatton from R-10 Residential District to PD-H2 Planned Unit Development District - PUD, on the north side of Stumpy Lake Lane (Glenwood), containing 3.9 acres. (DISTRICT 1 - CENTERVILLE) Recommendation. APPROVAL K. APPOINTMENTS AIRPORT AUTHORITY BEACHES AND WATERWAYS COMMISSION HAMPTON ROADS PLANNING DISTRICT COMMISSION MINORITY BUSINESS COUNCIL SHORE DRIVE ADVISORY COMMITTEE SOCIAL SERVICES BOARD SPORTS AUTHORITY OF HAMPTON ROADS TIDEWATER COMMUNITY COLLEGE BOARD TIDEWATER REGIONAL GROUP HOME COMMISSION TIDEWATER TRANSPORTATION DISTRICT COMMISSION L UNFINISHED BUSINESS M NEW BUSINESS 1. ABSTRACT OF C1VIL CASES RESOLVED - May 2002 N ADJOURNMENT If you are physically d~sabled or wsually impaired and need assistance at th~s meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing ~mpmred, call TDD only 427-4305 (TDD - Telephonic Dewce for the Deaf) 06/06/02st AGENDA 06/11/02 www vbgov com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia dune 11, 2002 Mayor Meyera E Oberndorf called to order the CITY COUNCIL'S BRIEFING re MAG LEV tn the Ctty Counctl Conference Room, Ctty Hall Butldmg, on Tuesday, June 11, 2002, at 3 '00 P M. Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure,, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Absent Wtlham W Harrtson, dr [Entered 3 30 P M] -2- MAYOR'S CONCERNS 3:00 P.M. ITEM # 49 729 Mayor Oberndorf referenced correspondence chstrtbuted from the Diverse Communities Coalition Approxtmately 30 members' of the Coahtton had ptcketed m front of Ctty Hall The Coahtton thanked the Mayor for her responses Mayor Oberndorf quoted from the letter "Elected offictals must assume mdtvtdual and collecttve responstbihty for thetrpubhc remarks and acttons Elected officials are accountable to all of thetr constttuents The Dtverse Communtttes Coahtton remains dtssattsfied and questions whether the elected offictals of Vtrgtnta Beach understand the gravtty of Mr Atkmson's repeated, tnsenstttve pubhc remarks Consequently, we would hke to know the Plan of Actton that your office, the Vtrgtnta Beach Ctty Counctl, Constttuttonal Officers and City Treasurer will execute to ensure that pubhc dtsrespect for your constttuents no longer occur" Meanwhile, we will conttnue to exerctse our rights to demonstrate and facthtate pubhc parttctpatton tn ongotng efforts to ensure human dtgntty, equahty, and mutual respect tn the Hampton Roads commumty " The Mayor advtsed the City Council cannot censure Constitutional Officers The City Attorney advised this ts correct The Ctty Counctl does not have any dtrect control over the personal or operattonal acttvtttes of those parttcular offices There ts pohcy overstght with performmgfinanctal functtons for the Ctty Mayor Oberndorf advtsed the Ctty needs to find a way to open meanmgful dtalogue Counctl Lady Eure responded also and was not aware of anythtngfurther she could do Counctl Lady Parker advtsed because of the umqueness of the sttuatton, the Members should have requested thts Constttuttonal Officer to choose hts words more carefully Thts ts a learntng lesson for the Ctty Counctl tn the future Thts Ctty Counctl goes out of thetr way not to "hurt tndtvtdual's feehngs " Mayor Oberndorf requested the Ctty Attorney rewew, after the completton of the respecttve terms of office (approxtmately 3 ~ years), the posstbthty of a Referendum for the people to dectde at the next electron, whether they wtsh the offices of the two Constttuttonal Officers to contmue or have thts functton assumed by the Dtrector of Fmance Counctl Lady McClanan advtsed the Ctty Counctl Members are elected by the same ctttzens as the other Constttuttonal Officers What the Diverse Communtttes Coahtton ts requesttng is tmposstble The Ctty Attorney advtsed he ts not aware of any control other than utthztng the posttton of these offices as you have already done to request the responstble offictals to refram from such acttvtty Further recourse would be the posstbthty of the aforementtoned Referendum The Ctty Attorney advtsed Counctlman Branch the Ctty Counctl can censure one of its own members (bastcally adopt a Resolution requesttng the parttcular Counctl Member refram from certatn behavtor). Thts ts not an enforceable actton Counctl Lady Henley tnqutred tf thts type of procedure could be utthzed concerntng the behavtor of a Constttuttonal Officer The Ctty Attorney advtsed the Mayor, on behalf of Ctty Council has already made two (2) statements If the Ctty CounctI wishes to make a dotnt statement, a Resolution could be drafted Counctlman Man&go does not beheve he has the rtght to censure a Constttuttonal Office Counctl Lady Wtlson advtsed she had tnformed the Members of the Coahtton that the Mayor has wrttten two letters and she speaks on behalf of the body Counctl Lady McClanan ctted an example of when she was first elected to Ctty Council She was accused of shartng tnformatton from the Closed Sesston wtth the Press Thts went on forever Her solutton to address thts accusatton was to stay out of the Closed Sesstons Amaztngly, thepress sttll received all the tnformatton. It made no dt. fference that she dtd not attend the Closed Session Councd Lady McClanan stated the Mayor handled the sttuatton tn an outstandtng manner and questtoned how much further the Ctty Counctl must go Thts has been blown totally out of proportton June 11, 2002 -3- CITY COUNCIL'S BRIEFING MA G LEV 3:20 P.M. ITEM It 49 730 Vtce Mayor Sessoms, Councd Lady Parker, Norfolk Councd Member Randy Wright, Senator Ken Stolle, Reid F Greenmun, DCS Corporatton, Oral Lambert -ChtefOperatmg Officer, and Robert Matthtas, ,4sststant to the Ctty Manager, vtstted Edgewater, Flortda, to vtew the Mag Lev, whtch wall be comtng to ODU Mr. Matthtas &splayed a shde program of the Mag Lev American Mag Lev has the technology of "smart car/dumb track" The Japanese and German systems utdtze a "smart track/dumb car" The German and Japanese systems use the repeahngforce of electro magnettsm to hft the car America Mag Lev bastcally utthzes the attractton force and bastcally have U-bolts that come around the bottom of the car. The tratn ts pulled up tnto the track through magnettc traction, but then you get the refrtgerator magnet effect (a magnet too close to a refrigerator chcks agatnst it) A computer measures that &stance 10,500 trines a second There ts a short test track tn Edgewater, but they were able to prove the technology FT,4 standards requtred the Mag Lev car to stop wtthm two feet of a certain potnt The Edgewater, Florida, track achteved a 2 tnch standard This ts exctttng technology Thts parttcular car can achteve 110 mdes per hour, utdtzes locomottve force wtth a magnettc tnductton motor Thts type of motor has been utdtzed by roller coasters stnce 1970 The Councd Members were able to levttate the car, but a ctrcutt board had burned out the day before Therefore, they could not move the car back and forth The tdeal world for American Mag Lev would be a system whtch would transverse from Virginia Beach to Washington, D.C. by 2007 tn ttme for the 400th Anniversary f Jamestown The cost would be approxtmately $18-$19-MILLION per mtle (not including land) TI:ts tncludes apprommately 55 cars for the system between here and Washmgton, D C .4 4 x 4 foot post ts necessary every 98feet on a high speed system Thts would be a dual ghde way, allowmg a car m each &recaon The speed would reach 275 miles per hour. Above thts speed an acttve suspenston ts necessary A system of thts nature utthztng, as an example Vtrgima Martne Sctence Museum to downtown Norfolk, could run down the me&an of Vtrgmta Beach Boulevard. ,4 swttch could be developed for a spur hne to Oceana or Lynnhaven Mall The system ts 20feet tn the air and, therefore, confltcts wtth emsttng traffic are ehmtnated The cars do not have to be designed to wtthstand a crash with an 18,000 ton truck This has ~ "G" (gravity)force Because the Mag Lev ts not restrtcted to grades, tt could utthze an 8% grade that would be on the Third Crossing The right of way requtred ts mtmmal, therefore, thts system could run down the shoulder ofi-64 or 1-95 Thts system ts less expenstve than Ltght Rad Ltght Rad ts approxtmately $30-$40-MILLION per rode and must utthze an existtng rtght of way The Mag Lev ts completely automated wtth a camera to monitor No operators would be required Less electrtctty ts utthzed than for the Ltght Rad and only 1~50th electrtctty for the Japanese and German systems The car ts pulled up onto the tad rather than belng pushed away Therefore, there are economies tn electrtctty Vtce Mayor Sessoms advtsed Norfolk, Portsmouth and Chesapeake are movtng along raptdly with the posstbthty of Light Rail Dtscusstons have also evolved wtth Hampton and Newport News. Thts Mag Lev concept has not been presented recently to Ttdewater Transportation Dtstrtct Commtsston (HRT) Vtce Mayor Sessoms hopes Old Dommton Umverstty wall expand upon Mag Lev's reputatton If thts system ts proven, the City wdl have a good opportumty to brtng the idea forward to HRT The Vtce Mayor ts tn line for TTDC Chart and would love to champton this cause Councd Lady Parker advtsed Ltght Rad can get the fun&ng There ts no federal funding at the present time for Mag Lev ODU wdl be a dect&ngfactor Re Mag Lev, Mayor Oberndorf advtsed thts would not be the first ttme thts Ctty has estabhshed leadershtp Prevtously wtth the Southeastern Pubhc Servtce Authortty (SPSA), the Ctty developed the large recycle can system to be ptcked up at one ttme Other ctttes are now followmg suit Mr Matthtas advtsed speaktng wtth Max Bartholomew - Vtrglnta Power and one of the partners tn thts system As an example, the hne could run down Pactfic ,4venue, rather than under groundtng utthttes at a very htgh cost The utthttes could be placed in the "gmdeway superstructure" wtth a drop down for the vartous bustnesses Thts would also result tn cost savtngs Counctl Lady Eure referenced one of the advantages with thts system ts utthty wtrtng can be placed under the track The representattves had tntttally wanted the Ctty to constder runntng the system from Vtrgtnta Marine Sctence Museum to the Oceanfront There were three madorparttctpants at the ttme (Domton Power, Morrts and Lockheed) Councd Lady Eure beheves tf the product ts proven, fun&ng wall not be aproblem June 11, 2002 -4- CITY COUNCIL'S BRIEFING MAG LEV ITEM # 49 730 (Continued) Mr Matthtas advtsed the Light Rail project tn Norfolk ts on a hst conststtng of approxtmately 325 odd proJects tn hne to be funded Next year, Congress wtll be reauthortztng the Transportatton Efficiency Act for the Twenty-first Century T-21 ts the successor to ISTEA Senator Warner wtll be a prtme authortty of thts reauthortzatton Thts would be a wonderful opportunity durtng the reauthortzatton for the posstbthty of a Mag Levproject tn Norfolk and Vtrgtnla Beach Old Dommton Untverstty wtll recetve the Mag Lev thts week A crane wtll put the system tn place It ts hopeful, the system wtll be tn full service by the begtnntng of school tn August The servtce, conststtng of about 4 stattons, will be on a five-mtnute basts for 18 hours Counctl Lady Parker advcsed the fundcng allocatcons have changed on the Ltght Rail The Federal fun&ng was going to be 80% and thcs decreased to 50 to 55% Mr Matthcas advcsed the November Referendum has a separate hne ctem of basically $10-MILLION a year for 20 years for mass transtt tmprovements and spectfically states such as Mag Lev/Light Rail Thcs would be an opportuntty for state fundtng to be made avatlable The Coty worked dthgently to have thcs partccular language cncluded June 11, 2002 -5- CITY MANAGER'S BRIEFING PRINCESS ANNE COMMONS BALLFIELDS RELOCATION 3:47P. M. ITEM # 49 731 Steven T Thompson, Chief Ftnanctal Officer, advised the Princess Anne Ballfields relocatton, is the culmtnatton of several years of work For the past four years, relocatton of the ballfields has been tdenttfied as an tssue crtttcal to this Corrtdor and to the Commons As a result of Ctty Counctl's dtscusstons and dtscusstons wtth the Commumty groups, proposals for relocation of these ballfields have been requested These proposals should outhne the sale of the land and how energy with excttement could be added throughout thts section of the Ctty The Map, prepared by Sentara, deptcts a number offacthttes tn the area and the Ctty wtshes to have synergy and energy for each of these facthttes wtth thts development. In addttton to obtaining funding tn advance, an adequate time to construct new and more improved ballfields, other ttems are necessary, t e htgh quahtyjobs, addressmg the tssue of sound attenuatton and traffic concerns Destgn gutdehnes have been adopted by the Ctty Counctl Guarantees are necessa~ to protect the commumty's tnterest A proposal has been recetved that meets all the tdenttfied needs and more Thts proposal tncludes development of the Health Campus by Sentara, wtth stte tmprovements of $130- MILLION over 4 phases Jack Whttney, Dtrector of Agrtculture, Co-Chart -Prtncess Anne Ballfields Relocatton ProJect, advtsed thts project ts a testament to a vtston and hard work over a number of yeat s Prtncess Anne Commons (formerly Lake Rtdge) ts a spectal place tn Vtrgtnta Beach History January 1995 Ctty Counctl dtrected the Planmng Department to proceed wtth Lake Rtdge Property Plan development May 199 7: Prtncess Anne Corridor Plan produced July 1998 Prehmtnary Master Plan for relocated Prtncess Anne Park June 2001 Prtnces Anne Commons Athlettc Vtllage Pohcy Report November 2001 Ctty Council estabhshed gutdehnes and Prtncess Anne Ballfield Relocatton A dvtsory Commtttee (PABRA C) conststed of thtrteen (13) members representtng the various ,stakeholders wtthtn Prtncess Anne Commons and the surroundtng communtttes (t e representattves from the Counctl of Civic Orgamzattons, surroundtng ClVlC leagues, restdents, amphttheater, Tidewater Communtty College, etc ) Thts Commtttee met Jour tlmes Importance of pubhc mput/dtalogue Needs to be a community benefit Needs to be an mclustve, fatr and open process RFT needed - no less than 120 days Needs to create a sound financtal package with long term revenue stream assurances City needs to recetve fatr market value Unmterrupted avatlablllty of the ballfields Ctty needs overall architectural review December 2001 Pubhc Meettngs held January 11, 2001: Counctl accepted the recommended actton by the PABRAC to authortze ctty staff to proceed wzth an Request for Proposal (RFP) process Thts support wa~ conditioned upon certain items which must be part of thts RFP process One of the most tnnovattve condtttons of the RFP was that the ~ uccessful proposal must assure and accommodate the uninterrupted utdzzatton and play of ballfields tn the area June 11, 2002 -6- CITY MANAGER'S BRIEFING PRINCESS ANNE COMMONS BALLFIELDS RELOCATION ITEM # 49 731 (Continued) Mr Whttney advised the vision of Prmcess Anne Commons ts a place to live learn, work andplay. Thts was commumcated very clearly tn the Request for Proposal The proposal recetved ts structured around these communtty prmctpals Sara Hensley, Dtrector of Parks and Recreation, Co-Chart - Prtnce~ss Anne Ballfields Relocatton ProJect, advtsed the Evaluatton Crtterta ts the degree to whtch the propoved uses meet the Ctty's development reqmrements, objecttves and condtttons tn relatton to the "Princess Anne Corridor Study," the "Destgn Gutdehnes for Prtncess Anne Commons" a~td compattbthty with other venues wtthtn the Commons E VAL UA TION A GREAT PLACE TO LEARN Enrichment of Academic Corridor Health Careers tratmng ground Me&cai transport hfe-savtng sktlls tratnmg Access to htghly trained doctors and staff Health education for the entire community Health screemngs Phystctan lectures Support groups Mtm-medtcal schools A GREAT PLACE TO WORK Employm en t producer Projected jobs for 1650 employees and phystctans Average annual salary of $83,000 upon completion of proJect Magnet for technology -based businesses Me&cai and technologtcal bustnesses that partner wtth Sentara wdl bring htgh level lobs Economic boost Exctttng retail and resldenttal prosper as a result of Sentara's development and purchasing power of staff and phystctans Attract blomedtcal and techntcal firms and highly educated phystctans and other health care specialists Enhancement of property values Aesthettcally beauttful, commumty-frtendly setting Pedestrtan connecttvtty to netghbormg areas June 11, 2002 _ CITY MAN.4GER'S BRIEFING PRINCESS .4NNE COMMONS B.4LLFIELDS RELOC.4 TION ITEM # 49731 (Continued) .4 GRE.4 T PL.4 CE TO LIVE The opportunity to save and improve Hves Easzly accesstbIe urgent care and a comprehensive emergency center Hehport for Ntghtmgale azr ambulance Health care services close to home Primary care phystctans Comprehenstve Chtldren's servtces provtded by Children's Hospttal of the Ktng's Daughters Surgtcal spectahttes Spectahsts phystctans Advanced Training Center Ambulatory Surgery Technology - advanced 120-bed hospttal Life enriching services Comprehenstve YMCA Famtly Wellness and Fttness Center Advanced Sports Tratntng .4 GRE.4 T PLA CE TO PL.4 Y '4 boost for family recreation YMCA Famtly Wellness and Fttness Center After school programs Summer camps Exerctse classes Walktng, runmng and bike paths Enrichment of athletic corridor Convement access to doctors and emergency care tn the event of an acctdent or mjury Advanced Sports Tratntng Program Sports medtctne phystctans Comprehenstve rehabthtatton servtces Further relattve the evaluatton crtterta, Ms Hensley ctted the overall quahty of the destgn concept, tts tmpact on the surroundmg area and the degree to whtch tt advances the Ctty's vtston for Prtncess Anne Commons E V.4L UA TION Opportunity to further the design and functional integrity of the "Community for a Lifetime" concept Complementary style of the archttecture used throughout the corrtdor Venue treatment, stgns, hghttng landscaptng streetscape conststent wtth Prtncess Anne Commons Design Gutdehnes Campus style destgn centered on an open green Linkage from walktng trails wtth opportuntttes to access adjacent sttes Spectal emphasts on landscaptng dune 11, 2002 -8- CITY MANAGER'S BRIEFING PRJNCESS ANNE COMMONS BALL FIELDS RELOCATION ITEM # 49731 (Continued) The financtal evaluatton crtterta emphastzed the need toproject an tncrease tn the Ctty's tax base, economtc output and employment opportuntttes PROPOSAL/FINANCIAL EVAL UA TION Employment opportunities/employment attd income impact Total projected employees and phystctans 1,650 Average compensattou $83,000 Economic output Increase in the City's tax base Total dtrect $9.4-MILLION tn taxes over twenty years Financial offer for land $11,750,000 in cash for 69 2 acres of land and 3 acres for Recreatton Drive (road closure required) Ms Hensley advtsed the $11,750,000 ts for the mfrastructm e and other amemttes, not just the ballfields (water, sewer, ptcntc area, a small theatre stttlng area, walkmgpaths, stdewalks, landscaping, hghttng, etc , rest room factltttes, concesston stands, etc ) T/us ts not just for etght (8) fields Mr Thompson advtsed thts ts actually two complexes a major health campus and a major sports complex S CHED ULING Sentara wtll purchase proposed parcel but wtll not take possesston of the property for two years :[rom date of land clostng while Ctty completes Princess Anne Ballfields Development to be done m four phases Phase I Family Wellness Center Two Medical Ofice Buildings Phase H Two Medical Office Buildings Intagbting Center Day Surgery Phase III l 2 O-Bed Hospital Medical Office Building Phase IV Hospital Expansion Ms Hensley advtsed speaking wtth Shertff Lantelgne and viewed the vtdeo relative a company destgntng extsttng ballparks as an opportumtyfor tht3 a~ ea The goal is to continue to meet the needs of the ctttzens and users If the Sentara project ts successful tn moving forward, an RFP would be issued for the design to butld ballfields A commttment has been made ~,tth mdtwduaLs tn the communtty representtng youth sports and adult sports to develop a plan Currently lU the de~ tgn, there are not plans to relocate the "horse ring" at thts parttcular stte Staff would work with the Dtrector o/Agrtculture and other ctttzens of Ttdewater Horse Counctl to locate property for a horse arena There may also be prtvately owned horse arenas that would enable the Ctty not to have to butld and manage the fitcthty Robert Scott, Dtrector of Planmng, advtsed approxtmately 200 ad&ttonal acres of land was ortgtnally set astde, whtch ts under lease to Tournament Phtyers Club (TPC ) unttl January Ftrst Approxtmately 1 O0 acres has been used wtth the consent of TPC. leaving 100 ac~ es whtch ts not adequate for an addtttonal 18- hole golf course TPC mdtcated there was some interest in expanding thetr current facthty by an addtttonal 9 holes, maktng a 27-holefitcdtO;, whtch the ~e~nammg acreage ts adequate to accommodate The Ctty had tndtcated to TPC that tf they were interested m constructmg another 18-hole golf course, the City would strongly constder acqutrtng addtttonal acreage to the west June 11, 2002 CITY MANAGER'S BRIEFING PRINCESS ANNE COMMONS BALLFIELDS RELOCATION ITEM # 49731 (Continued) Concern was expressed relattve the transportatton issues and sound attenuatton Mr Thompson advtsed the City ts revtewtng extendtng and complettng Concert Drtve over to Dam Neck Road Southeastern Parkway wall also be comtng on hne Thts wall be a 24-hour a day complex The concept contatned wtthtn the plan would not be the destgn of the final plan The Ctty Attorney advised relattve Sentara, the law sutts have been removed from the docket for the time betng, however, the tssue rematntng ts suppose to go before the State Tax Commtsstoner Sentara 's posttton has been that the doctors' offices are not taxable for bustnesses hcense purposes Mr Thompson advtsed relative the fiscal impact, tf the non-sutt ts lost on the bustnesses hcense for the phystctans, thts wall be reduced by $2.6-MILLIONover the twenty (20) yearpertod The tax exempt properttes tn thls development are those spectfically related to the mtsston of the hospttal (hospttal, surgery and wellness center) The Ctty Manager advtsed the real benefit of thts proposal ts the servtces tt wall provtde to the commumty Karen Prochdo, Planmng, &splayed the Princess Anne Corridor Study Map All the land deptcted tn "orange" ts Ctty acquired Stormwater Management areas were deptcted As part of the Dam Neck Road Study, a loop road was discussed, whtch ctrcles around the mtersectton of Dam Neck, as well as Prmcess Anne It ts already part of Concert Drtve and there was dtscusston relattve conttnutng thru to Dam Neck, comtng back up and ctrchng tnto Rosemont Road to form a loop road there However, this ts far tn the future Ms Prochdo &splayed Sub Area I (mtxed use property) whtch needs to be consohdated Avadable land was deptcted tn Sub Area IL Ms Prochdo advtsed these are prtvate properttes In order for the approval of these areas, an apphcant must consohdate the properttes Councd Lady Parker was concerned relattve the process and was not sure the Ctty Councd was meettng the sptrtt of the concepts developed at City Councd's Retreat (1) Presentatton for the pubhc in the Formal Sesston (2) Pubhc Comment -following week and (3) Vote - followmg week Councd Lady Parker requested the Presentatton agatn be gtven tn the Formal Sesston to assure the pubhc's awareness Mayor Oberndorf DISCLOSED, she ts one of fifiy-two trustees of Sentara Healthcare, a non-stock, tax- exempt corporatton She ts also a &rector of Sentara Ltfe Care Corporatton and Sentara Enterprtses She ts not financtally compensated for her servtce as a trustee or dtrector and has no ownershtp tn Sentara Mayor Oberndorf does not have a personal interest tn Sentara and may participate tn the transaction Mayor Oberndorf 's letter of dune 11, 2002, ts hereby made a part of the record Vtce Mayor Sessoms DISCLOSED, he ts one of fifiy-two trustees of Sentara Healthcare, a non-stock, tax- exempt corporatton He ts not financtally compensated for hts servtce as a trustee and has no ownershtp tn Sentara Vtce Mayor Sessoms does not have a personal interest tn Sentara and may parttctpate tn the transactton Vice Mayor Sessoms' letter of dune 11, 2002, ts hereby made a part of the record Counctlman clones DISCLOSED pursuant to Sectton 2 2-3115(G), Code of Vtrgmta, he owns two pteces of property whtch are located bestde Prtncess Anne Park Both pteces of property are valued tn excess of $10,000 The City Attorney has advised that he ts reqmred to disclose any personal interest and may parttctpate in the transactton Councdman clones' letter of dune 11, 2002, ts hereby made a part of the record Councdman Harrtson advtsed he wall ABSTAIN from vottng and parttctpatton as hts law firm ts engaged by Sentara Enterprises BY CONSENSUS, a Pubhc Hearmg re the sale of 69 196 acres of Ctty owned property at Prtncess Anne Commons shall be scheduled for the addtttonal Ctty Councd Session of dune 18, 2002, at 6 O0 P M These documents for actton shall be scheduled for the Ctty Councd Sesston of dune 25, 2002 dune l i, 2002 - lO- AGENDA RE VIEW SESSION 5:03 P.M. ITEM # 49 732 II Ordtnances to AUTHORIZE the acqutsttton of Agrtcultural Reserve Preservatton (ARP) easements and tssuance of contract obhgattons (DISTRICT 7- PRINCESS ANNE) a. John P. Lancaster 114 14 acres Installment Purchase Agreement No 2002-45 $335,20I b Margaret Patsel 17 98 acres Installment Purchase Agreement No 2002-46 $ 55, 738 c RobertP. andEdwardL. Vaughan 5637acres $318,087 Installment Purchase Agreement No 2002-4 7 d Edward L. Vaughan 64 94 acres $229,188 Installment Purchase Agreement No 2002-48 e Kathy Vaughan 59 7 acres $268, 767 Installment Purchase Agreement No 2002-49 Council Lady McClanan wtlI vote NAY on Items a-e Counctl Lady Eure wtll vote NAY on Item lc and e ITEM # 49 733 14 Or&nance re temporary encroachment tnto a portton the Ctty's rtghts-of-way Easement at London Brtdge Creek by L & S ASSOCIATES, LLC (WA WA) re a 300-foot canal at the rear of Parker Lane (DISTRICT 6 - BEA CH) Counctl Lady Parker wtll vote NA E 15 ITEM # 49 734 Ordtnance to ACCEPT and APPROPRIATE a $2,519,000 Congestton Mtttgatton and A tr Quahty Grant for upgrading cttywlde traffic signal system wtth VDOT fi~ndmg. The Ctty Manager advtsed tn duly 1998, the Virginia Department of Transportation (VDOT) established three Intelligent Transportatton System (ITS) related capttal projects for Vtrgtma Beach Resort Area Variable Message Signs, Shore Drive Improvement (AtIanttc Avenue to Dtamond Sprtngs Road) and Ctty State Ftber Opttc projects tn the VDOT Plan The VDOT Congestton Mtttgatton and Att Quahty Program has $2,519,000 avatlable for the Ctty's ITS Program from the three earher projects $1,899, O00 from the Resort Area Vartable Message Stgn project $495,000 from the Shore Drtve tmprovement project and $125, O00 from the Ctty-State Ftber Opttc Cableproject Theseprojects were all ITS related and need to be programmed and incorporated tnto the existing cttywtde ITS capital project, Computertzed Traffic Signal System Uprade/Replacement (#2-039), whtch wtll then be used to tmplement projects tncluded tn the Ctty of Vtrgtnta Beach ITS Master Plan The MPO Transportatton Techmcal Commtttee has voted tn favor of grouptng these projects tnto a smgle "Cltywtde ITS Project" This does not tnclude the "red hght" cameras dune 11, 2002 -Il- AGENDA RE VIEWSESSION ITEM # 49 735 19 Resolutton to AUTHORIZE the Ctty Manager to make apphcatton for the proposed Green Sea Scenic Byway de~tgnatton for certatn roadways Counctl Lady Wilson advtsed concern from ctttzens Counctl Lady Henley advtsed on February 27, 2001, Ctty Counctl adopted a resolutton requesttng the Ctty Manager make apphcatton to the Commonwealth Transportation Board for the destgnatton of the segment of Sandbrtdge Road between new Brtdge Road and Sandfiddler Road as a Vtrgmta Byway There are speakers regtstered for thts ttem I10 ITEM # 49 736 Resolutton to ACCEPT the Shore Drtve Transportatton Study wtth tts recommendattons Mayor Oberndorf referenced correspondence from the Shore Drive Community Coalition requesttng an amendment to the Study Mayor Oberndorf quoted "Perform an engmeenng destgn analysts for the rehabthtatton and replacement of the Lesner Bridge All destgns shall mclude multt-purpose trad capabthttes All opttons shall be developed and evaluated wtth full pubhc parttctpatton" Counctlman Harrison advised the staff has recommended the Lesner Brtdge needs to accommodate 6 lanes Councd Lady McClanan expressed concern and referenced many e-mads Thts ttem wall be dtscussed durtng the Formal Sesston, as there are speakers regtstered ITEM # 49 73 7 B Y CONSENSUS, the followtng shall compose the CONSENT AGENDA: ORDINANCES I1 Ordtnances to AUTHORIZE the acqutsttton of Agricultural Reserve Preservation (ARP) easements and tssuance of contract obhgattons (DISTRICT 7 - PRINCESS ANNE) a. John P. Lancaster 114 14 acres $335,201 Installment Purchase Agreement No 2002-45 b Margaret Patsel 17 98 acres $ 55, 738 Installment Purchase Agreement No 2002-46 c RobertP. andEdwardL. Vaughan 5637acres$318,087 Installment Purchase Agreement No 2002-4 7 d EdwardL. Vaughan 64 94 acres $229,188 Installment Purchase Agreement No 2002-48 e Kathy Vaughan 59 7 acres $268, 767 Installment Purchase Agreement No 2002-49 June 11, 2002 - 12- AGENDA RE VIE W SESSION ITEM # 4973 7 (Continued) 14 Ordtnances re temporary encroachment tnto a portton the Ctty's rtghts-of-way London Brtdge Creek by GEORGE J. AND MARSHA A. DANCIGERS re a pier, wharf and stone revetment at 2701 Cattayle Run (DISTRICT 5 - L YNNHA VEN) Easement at London Brtdge Creek by L & S ASSOCIATES, LLC (WA WA) re a 300-foot canal at the rear of Parker Lane (DISTRICT 6 - BEA CH) 15 Ordtnance to ACCEPT and APPROPRIATE a $2,519,000 Congestion Mtttgatton and Air Quahty Grant for upgradtng cltywlde traffic signal system wtth VDOT fundtng. 16 Ordtnance to APPROPRIATE $80, O00 from the General Fund for an Interest-Free loan to Kempsvtlle Rescue Squad re ambulance replacement. 17 Ordtnance to APPR OPRIA TE $23,350 revenues recetved through Wetlands and Coastal Primary Sand Dunes Zoning vtolattons to the FY-2001-02 operattng budget re Department of Agriculture's special projects 1 8 Ordtnances re COMPENSATION a Ctty Manager b Ctty Attorney c Ctty Clerk d Ctty Assessor Ill Resolution to AUTHORIZE reconstructton/relocatton of a nonconformtng duplex at 305 26 ~ Street, subject to certam hmttattons Counctl Lady McClanan wtll vote NAY on Items L1. a-e. Councd Lady Eure wtll vote NAY on Item lc. and e. Counctl Lady Parker wtll vote NAY on Item L4. b. June 11, 2002 - 13- AGENDA RE VIEW SESSION ITEM # 49738 `11 MODIFICATION OF CONDITIONS to extend the Aprtl 24, 2001, approved Condtttonal Use Permit for a borrow ptt tn behalf of MR. and MRS. MICHAEL L. CULLIPHER at 772 Prtncess Anne Road (DISTRICT 7 - PRINCESS ANNE) Counctl Lady Henley understands there has been no further dredgtng Thts apphcatton just tnvolves removtng the fill dredged last year J2 ITEM # 49 739 Apphcatton of L.B.H., L.L.C. for the dtsconttnuance, closure and abandonment of the ummproved portion of Ferry Pomt Road south of Indian Rtver Road, contatntng 2,383 square feet (DISTRICT 1 - CENTER VILLE) The City Attorney advised the Ordinance was not included tn the City Council's Agenda, but has been dtstrtbuted to Ctty Counctl .13 ITEM # 49 740 Apphcattons of General Booth Storage, lnc, a Vtrgtnta corporatton, on the west stde of General Booth Boulevard (DISTRICT 6 - BEA CH) Modtficatton of Conchttons placed on the apphcatton for a condtttonal use permttfor mtnt-warehouses on October 9, 2001, to allow thts vartance Vartance re subdtvtchng three lots tnto two and provtdefor a more orderly development ofthts stte Counctl Lady Parker expressed concern as there appears to be three curb cuts Stephen Whtte, Planntng, referenced Condttton No 3 A no tngress/egress easement must be dedtcated along the enttre frontage of l54feet along General Booth Boulevard The entrance to both these parcels ts through the Golden Corral parktng lot When this area was rezoned many years ago, tt was estabhshed tn thts manner June 11, 2002 -14- AGENDA RE VIE W SESSION ITEM # 49 741 J5 Apphcatton of Charlie Falk Auto Wholesaler, Inc , for a CondtttonaI Use Permit re motor vehicle sales and service on the south stde of Vtrgmta Beach Boulevard, east of Groveland Road, (3237 Vtrgmta Beach Boulevard), contatntng 1 549 acres (DISTRICT 3 - ROSE HALL) Counctl Lady McClanan referenced the amendment to Condttton 5 Counctl Lady McClanan had spoken to Consultant Btlly Gamngton Mr Gamngton understood that "No balloons, banners or pennants shall be &splayed from hght poles or vehtcles" mcluded flags Members of the patriotic organtzattons have expressed concern Thts condttton shall be amended No more than 34 vehicles for sale are permttted on the property No vehtcles shall be parked wtthm any portton of the pubhc rtght-of-way or wtthm the vehtcular entrances to the property Vehtcles for dtsplay shall be at least ten (I0)feet from the right-of-way and shall be parked tn the destgnated &splay areas only Vehtcles shall not be dtsplayed on ramps, berms, or other elevattng devtces No balloons, banners, pennants or_flags shall be dtspIayed from hght poles or vehtcles Mr Whtte advtsed Counctlman Mandtgo Conchtton 2 was revtsed after the deferral at the Aprtl I O, 2002 Planntng Commtsston Meettng Should the use ever be changed on thts ptece of property, the condtttonal use permtt ts null and votd The condttton has been revised wtthout actually ehmtnattng the nonconformtng lot Deed restrtcttons shall be recorded wtth the Clerk of the Ctrcutt Court for both parcels on the subject property (GPINs 149 7-05-0151 and 148 7-95-9033) mdtcatmg that the condtttonal use permtt for auto sales shall become null and votd and that all butldmgs shall be revtewed for comphance wtth the Untform Statewtde Butldmg Code tn the event etther parcel ts sold separately to another party ITEM # 49 742 N7 Apphcatton of CHARLES F. BOWDEN for a Change of Zonmg Dtstrtct Classtficatton from R-30 Restdenttal Dtstrtct to Condtttonal R-20 Restdenttal Dtstrtct on the west stde of Wakefield Drtve, south of Delray Drive on Parcel A, Section 8, Part 4, Thoroughgood (DISTRICT4 - BA YSID E) There are speakers regtstered for thts ttem ITEM # 49 743 N8 Apphcatton of SUDHAKAR J. LA VINGIA for a Change of Zomng Dtstrlct Classtficatton from R-lO Restdenttal Dtstrtct to PD-H2 Planned Unit Development Dtstrtct - PUD, on the north stde of Stumpy Lake Lane (Glenwood), contatmng 3 9 acres (DISTRICT 1 - CENTER VILLE) Counctlman Harrtson wtll ABSTAIN as hts law firm represents the apphcant June 11, 2002 -15- ,4GEND'4 RE VIEW SESSION ITEM # 49 744 B Y CONSENSUS, the followtng shall compose the PLANNING B Y CONSENT,4GEND,4: J1 J2 J3 J4 J5 J6 MODIFIC,4 TION OF CONDITIONS to extend the Aprtl 24, 2001, approved Condtttonal Use Permtt for a borrow pst tn behalf of MR. and MRS. MICHAEL L. CULLIPHER at 772 Pnncess Anne Road (DISTRICT 7 - PRINCESS ANNE) Apphcatton of L.B.H., L.L.C. for the discontinuance, closure and abandonment of the ummproved portton of Ferry Pomt Road south of lndtan Rtver Road, contamtng 2, 383 square feet (DISTRICT 1 - CENTER VILLE) Apphcattons of General Booth Storage, Inc , a Vtrgmta corporatton, on the west stde of General Booth Boulevard (DISTRICT 6 - BEA CH) Modtficatton of Condmons placed on the apphcauon for a condtttonal use permttfor mmt-warehouses on October 9, 2001, to allow thts vartance Variance re subdtvtdtng three lots tnto two and provtde for a more orderly development ofthts stte Apphcatton of Robert E. Steinhilber for a Vartance of the Subdtvtston Ordmance, located on the west stde of Crags Causeway, south of Baum Road to meet lot wtdth and street frontage requtrements (DISTRICT 7- PRINCESS ANNE) Apphcatton of Charlie Falk Auto Wholesaler, Inc ,for a Condtttonal Use Permtt re motor vehicle sales and service on the south stde of Vtrgmta Beach Boulevard, east of Groveland Road, (3237 Vtrglnta Beach Boulevard), contatntng 1 549 acres Apphcatton of City of Virginia Beach, Virginia re the Ctty's Comprehenstve Plan amendment to add the Shore Drive Corridor Design Guidelines The PRINCESS ,4NNE COMMONS BALLFIELDS RELOCATION Presentatton shall be presented agam at the end of the Formal Ctty Counctl Sesston today June 11, 2002 -16- CITY COUNCILCOMMENTS 5:25 P.M. ITEM # 49 745 Vice Mayor Sessoms referenced the Hampton Roads Transit District Commission (HRT) budget relative fun&for suits will not be reduced Addttlonal grant money does not have to be found to cover a possible defictt The expenses appear to be considerably below previous projections There are stall personnel changes occurring very frequently especially in the area of finance This causes I~lce Mayor Sessoms concern ITEM # 49 746 IZlce Mayor Sessoms referenced Pepsi Cola machines on the porches and sides of resldentlal propertles at Sandbridge Karen Lasley, Zoning Administrator, and Assistant City Attorney Kay Wilson have reviewed and believe there are certain tools to address this problem Information shall be furnished ITEM # 49 74 7 Councd Members Eure and McClanan agatn expressed concern relative Htter" boxes contalmng advertlslng all over the City The City Manager advised the group coordinating the activities at the Resort is working on a solution The City Manager shall advise ITEM # 49 748 Mayor Oberndorf referenced the polhng of the City Councd for a date suitable to all for the Council Retreat BY CONSENSUS, the City Council Retreat shah be August 2 and 3, 2002. ITEM #49 749 Mayor Oberndorf dlstributed correspondence advising of her partlclpation in the 70tn Annual United States Conference of Mayors in Madison, Wisconsin, from June 13-18, 2002. The Mayor will be serving on the Nominating Committee for Advisory Board Members and Trustees, serving on the International Affairs Committee where she plans to co-sponsor a resolution condemning terrorism and facthtatzng a forum on Breast Cancer Awareness June 1I, 2002 17- ITEM # 49 750 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, June 11, 2002, at 5 30 PM Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, William D Sessoms, Jr and Rosemary Wtlson Counctl Members Absent None June 11, 2002 -18- ITEM it 49 751 Mayor Meyera E Oberndorf entertatned a morton to permtt Ctty Counctl to conduct ~ts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgmta, as amended, for the followmg purpose PERSONNEL MA TTERS Dtscusston, constderatton or tntervtews of prospecttve can&dates for employment, asstgnment, appotntment, promotton, performance, demotton, salartes, dtsctphntng, or restgnatton of spectfic pubhc officers, appomtees, or employees pursuant to Sectton 2 1-344 (A) (1) To Wtt Appotntments Boards and Commtsstons Beaches and V~aterways Commtsstons Hampton Roads Planning Dtstrtct Commtsston Mmortty Business Counctl Shore Drtve Advtsory Counctl Soctal Servtces Board Sports Authortty of Hampton Roads Ttdewater Commumty College Board Ttdewater Transportatton Dtstrtct Commtsston PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real property for a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where dtscusston tn an open meeting would adversely affect the bargatntng posttton or negottatmg strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3) Branwtck Assoctates, Inc LEGAL MA TTERS Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertatntng to actual or probable httgatton, or other spectfic legal matters requesttng the provtston of legal advtce by counselpursuant to Sectton 2 1-344(A)(7) Sportsplex/Martners Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Eure, Ctty Counctl voted to proceed mto CLOSED SESSION. Vottng 11-0 Counctl Members Vottng Aye Lmwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor ~tlham D Sessoms, Jr and Rosemary ~tlson Counctl Members Vottng Nay None Counctl Members Absent None ( 5:30 P.M. - 5:50 P.M.) June 11, 2002 -19- FORMAL SESSION VIRGINIA BEA CH CITY COUNCIL June 11, 2002 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', Aprtl 23, 2002, at 6 O0 P M Counctl Members Present Margaret L Eure, Wtlham W Harrtson, dr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr, and Rosemary Wtlson Counctl Members Absent Ltnwood 0 Branch, III [ENTERED 6 17 P M] INVOCATION Reverend Jess Jackson Westwood Htll Bapttst Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vtce Mayor Sessoms, betng a Corporate Officer of Wachovta Bank, DISCLOSED the only matters on the agenda tn whtch he has a "personal tnterest", as defined tn the Act, etther tndtvtdually or tn hts capactty as an officer of Wachovta Bank whtch recently merged wtth Ftrst Unton Nattonal Bank (Sentara Heath, as he ts lone of fifty-two Trustees of Sentara Healthcare Center) He ts able to vote and parttctpate tn the dtscusston The Vtce Mayor regularly makes thts Dtsclosure as he may not know of the Bank's tnterest tn any apphcatton that may come before Ctty Council Vtce Mayor Sessoms' letter February 5, 2002, ts hereby made a part of the record June 11, 2002 Item V-E. - 20- CERTIFICATION OF CLOSED SESSION ITEM # 49 752 Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Parker, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc business matters lawfully exempted from Open Meeting requtrements by Vtrgmta law were dtscussed tn Closed Sesston to whtch this certtficatton resolutton apphes, AND, Only such pubhc busmess matters as were tdenttfied tn the motton convenmg the Closed Sesston were heard, dtscussed or constdered by Vtrgtnta Beach Ctty Counctl Vottng 10-0 Council Members Vottng Aye Margaret L Eure, Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, dr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wilson Councd Members Vottng Nay None Counctl Members Absent Ltnwood 0 Branch, III June 11, 2002 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virg~ma Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 49751, page 18, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2 2-3711(A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only pubhc business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certffication resolution apphes; and, (b) only such pubhc business matters as were ~dentffied ~n the motion convening th~s Closed Session were heard, discussed or considered by V~rgm~a Beach C~ty Council. R~uth Hodges ffmlth, MMC City Clerk June 11, 2002 Item V-F. 1. - 21 - MINUTES ITEM # 49753 Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Mandtgo, Ctty Counctl APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of June 4, 2002. Voting 10-0 Counctl Members Vottng Aye Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Ltnwood 0 Branch, III June 11, 2002 Item V-G. 1. - 22 - ADOPT AGENDA FOR FORMAL SESSION ITEM # 49 754 BY CONSENSUS, Ctty Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION June 11, 2002 - 23 - Item VI-H. 1. PUBLIC HEARING ITEM # 49 755 Mayor Oberndorf DECLARED A PUBLIC HEARING: AGRICULTURAL RESERVE PROGRAM (ARP) 114.14 acres 17.98 acres 56.3 7 acres 64. 94 acres 59. 7 acres - Crags Causeway and West Gibbs Road - 6316 Crags Causeway - 2253 Vaughan Road - 2253 Vaughan Road - 2253 Vaughan Road There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING June 11, 2002 - 24 - Item VI-H. 2. PUBLIC HEARING ITEM # 49 756 Mayor Oberndorf DECLARED A PUBLIC HEARING: MASTER LEASE - 31st Street Parking Garage The followmg regtstered to speak Barbara Messner, Frtends of 31st Street Park, Post Office Box 514, Phone 422-1902, presented check to Mayor tn the amount of $140 O0 depostt for the btd submttted for the 3600 retatl space on the land stde of Atlanttc Avenue Spoke tn opposttton to the hotel project There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING June 11, 2002 Item Vl-I. - 25 - ORDINANCES/RES OL UTIONS ITEM # 49 75 7 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl APPROVED IN ONE MOTION, Or&nances la-e, 4a b, 5, 6, 7, 8 and Resolutton 11 of the CONSENTAGENDA. Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Lmwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr., Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wtlson Council Members Vottng Nay None Counctl Members Absent None Counctl Lady McClanan voted NAY on Items I I a-e Council Lady Eure voted NAY on Item I I c and e Counctl Lady Parker voted NAY on item 14 b June 11, 2002 Item Vl-I.l.a/b/d. ORDINANCES/RESOL UTIONS - 26- ITEM # 49 758 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordinances to AUTHORIZE the acqutsttton of Agrtcultural Reserve Preservatton (ARP) easements and tssuance of contract obhgattons (DISTRICT 7 - PRINCESS ANNE) a. John P. Lancaster 114 14 acre Installment Purchase Agreement No 2002-45 $335,201 b Margaret Patsel 17 98 acres Installment Purchase Agreement No 2002-46 $ 55, 738 d Edward L. Vaughan 64 94 acres Installment Purchase Agreement No 2002-48 $229,188 Vottng 10-1 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay Reba S McClanan Counctl Members Absent None June 11, 2002 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $335,201 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been presented to the City Council a request for approval of an Installment Purchase Agreement (the form and standard provisions of which have been previously approved by the City Council, a summary of the material terms of which is hereto attached, and a true copy of which is on file in the City Attorney's Office) for the acquisition of the Development Rights (as defined in the Installment Purchase Agreement) on certain property located in the City and more fully described in Exhibit B of the Installment Purchase Agreement for a purchase price of $335,201; and WHEREAS, the aforesaid Development Rights shall be acquired through the acquisition of a perpetual agricultural land preservation easement, as defined in, and in compliance with, the requirements of the Ordinance; and WHEREAS, the City Council has reviewed the proposed terms and conditions of the purchase as evidenced by the Installment Purchase Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council hereby determines and finds that the proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance, and the City Manager or his designee is hereby authorized to approve, upon or before the execution and delivery of the Installment Purchase Agreement, the rate of 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 interest to accrue on the unpaid principal balance of the purchase price set forth hereinabove as the greater of 4.25% per annum or the per annum rate which is equal to the yield on United States Treasury STRIPS purchased by the City to fund such unpaid principal balance; provided, however, that such rate of interest shall not exceed 6.25% unless the approval of the City Council by resolution duly adopted is first obtained. 2. The City Council hereby further determines that funding is available for the acquisition of the Development Rights pursuant to the Installment Purchase Agreement on the terms and conditions set forth therein. 3. The City Council hereby expressly approves the Installment Purchase Agreement and, subject to the determination of the City Attorney that there are no defects in title to the property or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, authorizes the City Manager or his designee to execute and deliver the Installment Purchase Agreement in substantially the same form and substance as approved hereby with such minor modifications, insertions, completions or omissions which do not materially alter the purchase price or manner of payment, as the City Manager or his designee shall approve. The City Council further directs the City Clerk to affix the seal of the City to, and attest same on, the Installment Purchase Agreement. The City Council expressly authorizes the incurrence of the indebtedness represented by the issuance and delivery of the Installment Purchase Agreement. 4. The City Councml hereby elects to issue the indebtedness under the Charter of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the indebtedness a contractual obligation bearing the full faith and credit of the City. 2 68 69 Adopted by the Council of the City of Virginia Beach, Virginia, on this 11th day of June , 2002. 70 71 Adoption requires an affirmative vote of a majority of all members of the City Council. 72 73 74 75 CA8493 arppurchase/lancaster/lancasterord, wpd R-1 May 20, 2002 76 77 78 79 APPROVED AS TO CONTENT' AgriCUlture Department APPROVED AS TO LEGAL SUFFICIENCY- 80 81 82 APPROVED AS TO AVAILABILITY OF FUNDS- AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2002-45 SUMMARY OF MATERIAL TERMS SELLER: John P. Lancaster PROPERTY LOCATION: Crags Causeway and West Gibbs Road PURCHASE PRICE: $335,201 EASEMENT AREA: 114.14 acres more or less DEVELOPMENT POTENTIAL: 13 s~ngle-famdy dwelhng s~tes (12 acqmred, 1 reserved for future development) DURATION: Perpetual INTEREST RATE: Equal to y~eld on U S. Treasury STRIPS acqmred by C~ty to fund purchase price, but not less than 4.25% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6.25% w~thout approval of C~ty Councd TERMS: Interest only twice per year for 25 years, w~th payment ofpnnc~pal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and dehvery of IPA AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $55,738 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been presented to the City Council a request for approval of an Installment Purchase Agreement (the form and standard provisions of which have been previously approved by the City Council, a summary of the material terms of which is hereto attached, and a true copy of which is on file in the City Attorney's Office) for the acquisition of the Development Rights (as defined in the Installment Purchase Agreement) on certain property located in the City and more fully described in Exhibit B of the Installment Purchase Agreement for a purchase price of $55,738; and WHEREAS, the aforesaid Development Rights shall be acquired through the acquisition of a perpetual agricultural land preservation easement, as defined in, and in compliance with, the requirements of the Ordinance; and WHEREAS, the City Council has reviewed the proposed terms and conditions of the purchase as evidenced by the Installment Purchase Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council hereby determines and finds that the proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance, and the City Manager or his designee is hereby authorized to approve, upon or before the execution and delivery of the Installment Purchase Agreement, the rate of 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 interest to accrue on the unpaid principal balance of the purchase price set forth hereinabove as the greater of 4.25% per annum or the per annum rate which is equal to the yield on United States Treasury STRIPS purchased by the City to fund such unpaid principal balance; provided, however, that such rate of interest shall not exceed 6.25% unless the approval of the City Councml by resolution duly adopted is first obtained. 2. The City Council hereby further determines that funding is available for the acquisition of the Development Rights pursuant to the Installment Purchase Agreement on the terms and conditions set forth therein. 3. The City Council hereby expressly approves the Installment Purchase Agreement and, subject to the determination of the City Attorney that there are no defects in title to the property or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, authorizes the City Manager or his designee to execute and deliver the Installment Purchase Agreement in substantially the same form and substance as approved hereby with such minor modifications, insertions, completions or omissions which do not materially alter the purchase price or manner of payment, as the City Manager or his designee shall approve. The City Council further directs the City Clerk to affix the seal of the City to, and attest same on, the Installment Purchase Agreement. The City Council expressly authorizes the incurrence of the indebtedness represented by the issuance and delivery of the Installment Purchase Agreement. 4. The City Council hereby elects to issue the indebtedness under the Charter of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the indebtedness a contractual obligation bearing the full faith and credit of the City. 2 68 69 Adopted by the Council of the City of Virginia Beach, Virginia, on this 1]th day of June , 2002. 70 71 Adoption requires an affirmative vote of a majority of all members of the City Council. 72 73 74 75 CA84 93 arppurchase/patsel/patselord, wpd R-1 May 20, 2002 76 77 78 79 APPROVED AS TO CONTENT' APPROVED AS TO LEGAL SUFFICIENCY'. _ ~ / L ~,w~-D~ r tme n~ L 80 81 82 APPROVED AS TO AVAILABILITY OF FUNDS' AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2002-46 SUMMARY OF MATERIAL TERMS SELLER: Margaret Patsel PROPERTY LOCATION: 6316 Crags Causeway PURCHASE PRICE: $55,738 EASEMENT AREA: 17.98 acres more or less DEVELOPMENT POTENTIAL: 2 single-family dwelhng sites (2 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U S. Treasury STRIPS acquired by City to fund purchase price, but not less than 4 25% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6.25% without approval of City Council. TERMS: Interest only twice per year for 25 years, w~th payment ofpnnmpal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of [PA. AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $229,188 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been presented to the City Council a request for approval of an Installment Purchase Agreement (the form and standard provisions of which have been previously approved by the City Council, a summary of the material terms of which is hereto attached, and a true copy of which is on file in the City AttorneyVs Office) for the acquisition of the Development Rights (as defined in the Installment Purchase Agreement) on certain property located in the City and more fully described in Exhibit B of the Installment Purchase Agreement for a purchase price of $229,188; and WHEREAS, the aforesaid Development Rights shall be acquired through the acquisition of a perpetual agricultural land preservation easement, as defined in, and in compliance with, the requirements of the Ordinance; and WHEREAS, the City Council has reviewed the proposed terms and conditions of the purchase as evidenced by the Installment Purchase Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council hereby determines and finds that the proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance, and the City Manager or his designee is hereby authorized to approve, upon or before the execution and delivery of the Installment Purchase Agreement, the rate of 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 interest to accrue on the unpaid principal balance of the purchase price set forth hereinabove as the greater of 4.25% per annum or the per annum rate which is equal to the yield on United States Treasury STRIPS purchased by the City to fund such unpaid principal balance; provided, however, that such rate of interest shall not exceed 6.25% unless the approval of the City Council by resolution duly adopted is first obtained. 2. The City Council hereby further determines that funding is available for the acquisition of the Development Rights pursuant to the Installment Purchase Agreement on the terms and conditions set forth therein. 3. The City Council hereby expressly approves the Installment Purchase Agreement and, subject to the determination of the City Attorney that there are no defects in title to the property or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, authorizes the City Manager or his designee to execute and deliver the Installment Purchase Agreement in substantially the same form and substance as approved hereby with such minor modifications, insertions, completions or omissions which do not materially alter the purchase price or manner of payment, as the City Manager or his designee shall approve. The City Council further directs the City Clerk to affix the seal of the City to, and attest same on, the Installment Purchase Agreement. The City Council expressly authorizes the incurrence of the indebtedness represented by the issuance and delivery of the Installment Purchase Agreement. 4. The City Council hereby elects to issue the indebtedness under the Charter of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the indebtedness a contractual obligation bearing the full faith and credit of the City. 2 68 69 Adopted by the Council of the City of Virginia Beach, Virginia, on this 11th day of June , 2002. 70 71 Adoption requires an affirmative vote of a majority of all members of the City Council. 72 73 74 75 CA8497 arppurchase/vaughan, edward/vaughanEDord, wpd R-1 May 21, 2002 76 77 78 79 8O APPROVED AS TO CONTENT' Ag r i'cuX ~ur e Departr~~ APPROVED AS TO LEGAL SUFFICIENCY' L~{~v' D~pa r tmen ~ - APPROVED AS TO AVAILABILITY OF FUNDS' 81 82 f ) -~ / ,\, t Fin---e-u'~anc t~j._L ~ _.~ .~ Department AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2002-48 SUMMARY OF MATERIAL TERMS SELLER: Edward L. Vaughan PROPERTY LOCATION: 2253 Vaughan Road PURCHASE PRICE: $229,188 EASEMENT AREA: 64.94 acres more or less DEVELOPMENT POTENTIAL: 7 single-family dwelhng sites (7 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U S. Treasury STRIPS acquired by City to fund purchase price, but not less than 4.25% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6.25% w~thout approval of City Council. TERMS: Interest only twice per year for 25 years, with payment ofpnnclpal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. Item VI-I.l.c/e ORDINANCES/~SOL UTIONS -27- ITEM # 49759 Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, Cay Councd ADOPTED: Ordtnances to AUTHORIZE the acqutsttton of Agricultural Reserve Preservatton (ARP) easements and tssuance of contract obhgattons (DISTRICT 7 - PRINCESS ANNE) c Robert P. and Edward L. Vaughan 56 37 acres Installment Purchase Agreement No 2002-47 $318,087 e Kathy Vaughan 59 7 acres Installment Purchase Agreement No 2002-49 $268,767 Votmg 9-2 (By Consent) Counctl Members Vottng Ave Ltnwood 0 Branch, III,, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay Margaret L Eure and Reba S McClanan Counctl Members Absent None June 11, 2002 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $318,087 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been presented to the City Council a request for approval of an Installment Purchase Agreement (the form and standard provisions of which have been previously approved by the City Council, a summary of the material terms of which is hereto attached, and a true copy of which is on file in the City Attorney's Office) for the acquisition of the Development Rights (as defined in the Installment Purchase Agreement) on certain property located in the City and more fully described in Exhibit B of the Installment Purchase Agreement for a purchase price of $318,087; and WHEREAS, the aforesaid Development Rights shall be acquired through the acquisition of a perpetual agricultural land preservation easement, as defined in, and in compliance with, the requirements of the Ordinance; and WHEREAS, the City Council has reviewed the proposed terms and conditions of the purchase as evidenced by the Installment Purchase Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council hereby determines and finds that the proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance, and the City Manager or his designee is hereby authorized to approve, upon or before the execution and delivery of the Installment Purchase Agreement, the rate of 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 interest to accrue on the unpaid principal balance of the purchase price set forth herelnabove as the greater of 4.25% per annum or the per annum rate which is equal to the yield on United States Treasury STRIPS purchased by the City to fund such unpaid principal balance; provided, however, that such rate of interest shall not exceed 6.25% unless the approval of the City Council by resolution duly adopted is first obtained. 2. The City Council hereby further determines that funding is available for the acquisition of the Development Rights pursuant to the Installment Purchase Agreement on the terms and conditions set forth therein. 3. The City Council hereby expressly approves the Installment Purchase Agreement and, subject to the determination of the City Attorney that there are no defects in title to the property or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, authorizes the City Manager or his designee to execute and deliver the Installment Purchase Agreement in substantially the same form and substance as approved hereby with such minor modifications, insertions, completions or omissions which do not materially alter the purchase price or manner of payment, as the City Manager or his designee shall approve. The City Council further directs the City Clerk to affix the seal of the City to, and attest same on, the Installment Purchase Agreement. The City Council expressly authorizes the incurrence of the indebtedness represented by the issuance and delivery of the Installment Purchase Agreement. 4. The City Council hereby elects to issue the indebtedness under the Charter of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the indebtedness a contractual obligation bearing the full faith and credit of the City. 68 69 Adopted by the Council of the City of Virginia Beach, Virginia, on this 11th day of Jun~ , 2002. 70 71 Adoption requires an affirmative vote of a majority of all members of the City Council. 72 73 74 75 CA84 93 arppurchase/vaughan/vaughanord, wpd R-1 May 21, 2002 76 77 78 79 APPROVED AS TO CONTENT' Agriculture Department APPROVED AS TO LEGAL SUFFICIENCY' Law- D~partme~t' - 80 81 82 APPROVED AS TO AVAILABILITY OF FUNDS' Finance Department AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2002-47 SUMMARY OF MATERIAL TERMS SELLER: Robert P and Edward L. Vaughan PROPERTY LOCATION: 2253 Vaughan Road PURCHASE PRICE: $318,087 EASEMENT AREA: 56.37 acres more or less DEVELOPMENT POTENTIAL: 5 s~ngle-famdy dwelhng sites (3 acquired, 2 reserved for future development) DURATION: Perpetual INTEREST RATE: Equal to y~eld on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 4.25% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6 25% without approval of City Council. TERMS: Interest only twice per year for 25 years, w~th payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery oflPA AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $268,767 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been presented to the City Council a request for approval of an Installment Purchase Agreement (the form and standard provisions of which have been previously approved by the City Council, a summary of the material terms of which is hereto attached, and a true copy of which is on file in the City Attorney's Office) for the acquisition of the Development Rights (as defined in the Installment Purchase Agreement) on certain property located in the City and more fully described in Exhibit B of the Installment Purchase Agreement for a purchase price of $268,767; and WHEREAS, the aforesaid Development Rights shall be acquired through the acquisition of a perpetual agricultural land preservation easement, as defined in, and in compliance with, the requirements of the Ordinance; and WHEREAS, the City Council has reviewed the proposed terms and conditions of the purchase as evidenced by the Installment Purchase Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council hereby determines and finds that the proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance, and the City Manager or his designee is hereby authorized to approve, upon or before the execution and delivery of the Installment Purchase Agreement, the rate of 35 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 67 interest to accrue on the unpaid principal balance of the purchase price set forth hereinabove as the greater of 4.25% per annum or the per annum rate which is equal to the yield on United States Treasury STRIPS purchased by the City to fund such unpaid principal balance; provided, however, that such rate of interest shall not exceed 6.25% unless the approval of the City Council by resolution duly adopted is first obtained. 2. The City Council hereby further determines that funding is available for the acquisition of the Development Rights pursuant to the Installment Purchase Agreement on the terms and conditions set forth therein. 3. The City Council hereby expressly approves the Installment Purchase Agreement and, subject to the determination of the City Attorney that there are no defects in title to the property or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, authorizes the City Manager or his designee to execute and deliver the Installment Purchase Agreement in substantially the same form and substance as approved hereby with such minor modifications, insertions, completions or omissions which do not materially alter the purchase price or manner of payment, as the City Manager or his designee shall approve. The City Council further directs the City Clerk to affix the seal of the City to, and attest same on, the Installment Purchase Agreement. The City Council expressly authorizes the incurrence of the indebtedness represented by the issuance and delivery of the Installment Purchase Agreement. 4. The City Council hereby elects to issue the indebtedness under the Charter of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the indebtedness a contractual obligation bearing the full faith and credit of the City. 2 68 69 Adopted by the Council of the City of Virginia Beach, Virginia, on this 11th day of June , 2002. 70 71 Adoption requires an affirmative vote of a majority of all members of the City Council. 72 73 74 75 CA84 98 arppurchase/vaughan, kathy/vaughanKord, wpd R-1 May 21, 2002 76 77 78 79 APPROVED AS TO CONTENT' _ Agri Depar cu~%ure APPROVED AS TO LEGAL SUFFICIENCY' 80 81 82 APPROVED AS TO AVAILABILITY OF FUNDS: ¢ '~IO.._'~_, - ~ -,,, ~ i._~._,~,, Finance Department ~ AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2002-49 SUMMARY OF MATERIAL TERMS SELLER: Kathy M. Vaughan PROPERTY LOCATION: 2253 Vaughan Road PURCHASE PRICE: $268,767 EASEMENT AREA: 59.7 acres more or less DEVELOPMENT POTENTIAL: 7 single-family dwelling sites (6 acquired, 1 reserved for future development) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S Treasury STRIPS acquired by City to fund purchase price, but not less than 4 25% (actual rate to be determined when STRIPS are purchased prior to execution of IPA) Rate may not exceed 6 25% without approval of City Council TERMS: Interest only twice per year for 25 years, with payment ofpnnclpal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. Item VI-I. 2. - 28- ORDINANCES/RES OL UTIONS ITEM # 49 760 Barbara Messner, Frtends of 31st Street Park, Post Office Box 514, Phone 422-1902, requested the optton to purchase the decals for $1 O0 to allow reduced parkmg at thee Oceanfront Upon motton by Counctlman Harrtson, seconded by Counctlman Jones, Ctty Counctl ADOPTED: Ordmance to AMEND 3g3g 21-71 through 21-77, 21-79, 21-85, 21-86 and 21-364, 21-75 1, 21-78, 21-80 through 21-84 and 21-87 of the Ctty Code re DMV collection of local vehicle license fees. Vottng 10-1 Counctl Members Votmg Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay Vtce Mayor Wtlham D Sessoms, dr Counctl Members Absent None June 11, 2002 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO LOCAL VEHICLE LICENSES TO ELIMINATE LICENSE DECALS AND PROVIDE FOR COLLECTION OF LICENSE FEES BY THE DEPARTMENT OF MOTOR VEHICLES SECTIONS AMENDED' ~ 21-71, 21-72, 21-73, 21- 74, 21-75, 21-76, 21-77, 21-79, 21-85, 21-86 AND 21-364 SECTION ADDED: ~ 21-75.1 SECTIONS DELETED' §§ 21-78, 21-80, 21-81, 21- 82, 21-83, 21-84 and 21-87 WHEREAS, at the request of the City Council, City staff has studied the process by which the local vehicle license fee is collected; WHEREAS, City staff has identified a new process to accomplish City Council's objectives of providing increased convenience and administrative efficiencies in a manner that has no negative budgetary impact; and WHEREAS, this process would involve a system in which the local vehicle license fee would be collected by the state Department of Motor Vehicles at the same time the state vehicle registration fee is paid, with state vehicle registration being denied to persons with unpaid local vehicle license fees or delinquent personal property taxes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby directed to take all steps necessary to change from the current system, which utilizes the sale of vehicle license decals to receive the license fee and to collect delinquent personal property taxes, to implement a system in which local vehicle license fees will be collected by the state Department of Motor Vehicles, and to amend or cancel the compact for mutual enforcement of local vehicle licenses that exists between Virginia Beach and other Hampton Roads localities. In making this transition, the City Manager is hereby authorized to employ local delinquent tax collectors, who may be persons employed 38 39 40 41 by the Finance Department, to assist in or assume the responsibility for collecting delinquent personal property taxes on motor vehicles, trailers or semitrailers, as authorized by Code of Virginia § 58.1-3934. 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby requests the state Department of Motor Vehicles to collect motor vehicle, trailer and semitrailer vehicle license fees beginning July 1, 2003, as authorized by Code of Virginia § 46.2-756. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That the City Treasurer is hereby directed, pursuant to City Charter § 8.03, to enter in an agreement with the state Department of Motor Vehicles for it to refuse to issue or renew any vehicle registration to applicants with unpaid local vehicle license fees or delinquent taxes, as authorized by Code of Virginia § 46.2-752 (J) . BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA- That Section 21-75.1 is hereby added, Sections 21-78, 21-80, 21-81, 21-82, 21-83, 21-84 and 21-87 are hereby deleted, and Sections 21-71, 21-72, 21-73, 21-74, 21-75, 21-76, 21-77, 21-79, 21-85, 21-86 and 21-364 of the City Code are hereby amended and reordained, to read as follows- Sec. 21-71. Local vehicle ~icense yea= term; definition. The license year for the licensing of motor vehicl=o, t---= .... and semit---= .... =,, o -- =~I==o under =~i- article shall cor~Lence ul~ the first day of January of each year and shall expire on the thirty-first day of December of the same calendar year. (a) The term for the license for motor vehicles, trailers and semitrailers required by this article shall be one (1) year, which 2 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 shall correspond to the identical period for the state vehicle registration for that vehicle, trailer or semitrailer. Every local vehicle license term shall beqin durinq the month in which the vehicle, trailer or semitrailer is registered by the state department of motor vehicles, and shall expire at the same time the state registration expires, which is the last day of the twelfth month next succeeding the date of registration, as provided by Code of Virginia § 46.2-646. Every local vehicle license, unless otherwise provided, shall be renewed annually on application by the owner and by payment of the fees required by law, with the renewal to take effect on the first day of the succeedinq month. If the state department of motor vehicles offers a multi-year registration option and if the vehicle owner chooses this option, then the local vehicle license term shall match the term chosen by the owner for the state vehicle reqistration, with the annual fee multiplied by the number of years of the state registration. (b) As used in this article, "local vehicle license" shall mean the license authorized by Code of Virqinia ~ 46.2-752 to be required for motor vehicles, trailers and semitrailers. 89 90 91 92 93 94 95 96 97 98 99 100 101 Sec. 21-72. General zeq~iz~mmnts procedure. (a) it shall be unlawful for any person to operate a motor vehicle, tr=il=~ or oemitrail=~ after ~l~= fift==~th day of February of any license year, without having paid the requisite license tax and displaying the current license decal required by this article. ' ' ------2 ~----2 1 ~ ..... -- .... . .... 1--7 ' Any ,,,u~u~ vehicle, --~ .... ~ 2 .... ~2-- ' --2~--.-~ ' .... 2---- ~=== or ~,, any parking lot, current license decal shall be presumed to have been operated its owner in violation of this section. u) Any person who vzolateo any provision of this o~=~ be guilty of = Claoo 4 misdemeanor and each day'° continuance , _ , _~_~ , _ _~ ......... of such v~ol=tion o~=~I constitute = separate o~==~o=. An~ desiring to pay the fine for such violation prior to the date set 3 102 103 104 105 106 107 108 109 ........ hearzng, =o ~cated on the ous~Lons zosued for such for ~ ~uu~ v~u~=~, shall be requzred to provzde proof that a current Izceno= ~=~, =o requzred by thzs artzcle, has been purchased. (a)~-~r Pursuant to a contractual arranqement with the city, the state Department of Motor Vehicles shall collect the local vehicle license fees required by this article, or portions thereof, for the city, as authorized by Code of Virqinia section 46.2-756. Local vehicle license fees shall be collected at the same time 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 state vehicle reqistration fees are remitted. Coincident with the e~tate's grace period, purchasers of new or used motor vehicles shall be allowed a ~ thirty-day grace period, beginning with the date of purchase, during which to pay the requisite license tax and ~___~___ , ...... '_ _ , ~o~3 the current Izcense decal ~=qui~d by thzo ~rtzclc local vehicle license fee to the department of motor vehicles. (b)~Pr Notwithstanding the provisions of section 21-71.1 --~ -= subsectzon (a) of thzo s=~zon, p y ~u u~ - any vehl-'= ~ rope~ licensed in any other jurisdiction in the co~Lonwealth and ' - -2 ' -- -- ' -- ' ' ' --~ dzspla3~ng a Izceno= decal zosued by that jurzsdzctzon ~all be exempt from the requirements of this section .... u~ the expiration date of suc~h license or until t~he fifteenth day of February next followzn~, whzchever o~ ~e earlzer, ~rovzded that zt o~ be unlawful to ........ zn cz ~ ~ ~ ~=~=, ~p=~= thzs t-- ~ ~u - - trazler or ----~2~_---' ' '-- -- '---- -- ' ' ---- ' o=~L~zler whz-=~ zo oub3=~t to ===~ vehzcle Izceno= requzrements of any jurisdiction --~-~~~ ~o~- ~- party with this city to a compact for the mutual~,~=~=~,,=~=--= ......... of local license requiremento,- if such vehicle fails to display a valid license decal issued by that jurisdiction. Any person who has registered or titled a vehicle in another Virginia locality and moves to the city with this vehicle shall, as provided by Code of Virqinia section 46.2-606, notify the department of motor vehicles of this chanqe in address within thirty (30) days. No vehicle shall be subject to a local vehicle license tax or fee in more than one jurisdiction for the same time 134 period. 135 136 137 138 139 140 141 (c) In any case in which a vehicle acquires situs in the city after being licensed in another jurisdiction and such license expires before the time that the state reqistration of the vehicle must be renewed, a prorated portion of the local vehicle license fee shall be required for the period from the time the local vehicle license expires through the time the state registration is renewed and an annual local vehicle license obtained. The prorated 142 143 144 145 fee shall be payable at the time the vehicle acquires situs in the city. (d) In any case in which a vehicle acquires situs in the city after a local license has been issued in another jurisdiction 146 147 148 and the state registration for this vehicle expires before the existinq license, then a prorated portion of the city local license fee shall be due when the state registration is renewed. 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 Sec. 21-73. Exemptions. No person shall be required to pay the ~ local vehicle license fee prescribed by this article on any vehicle for which an annual registration certificate and license is not required by Code of Virginia, title 46.2, on any vehicle specifically exempt under the provisions of Code of Virginia, section 46.2-755, or on any vehicle owned solely by a person in active military service, who is in the city solely by reason of military orders and who has a legal residence in a state other than Virginia=; provided, however, that =v=ry person clazmzng an exemptzon under ~=zo~ ~=~u~ who owns and operates a motor vehicle, trailer or semitrailer which is normally garaged within the boundaries of the city and who lives within the , . -- . -- , -- -- ~. boundaries of the tit3 must still uu-'-t~~-~ a lie=ns= under ~is ~ Upon presentation to the city treasurer commissioner of the revenue of proof that the owner of a vehicle is exempted under this section= the treasurer commissioner of the revenue is authorized =~ zooue to such ~wner ~ ~ty I~=~o= ~late or decal for identification purposes. ~,o feeo~-=all be charged for su~, ~osuance 5 167 168 169 170 171 172 173 174 175 176 shall notify the state department of motor vehicles that no fee is required for such vehicle. In the event that the status of the owner of the vehicle changes so as to no longer qualify the vehicle for the exemption provided herein, the owner shall forthwith remove ~ ..... ~- vehicle the l~cense ate u~ u=~o~ w~ was ~ssued for ~ULLL identification and shall return same to notify the city treasurer commissioner of the revenue within ten (10) days of the date of such change in status, and shall comply with all other provisions of this article. The commissioner of the revenue shall notify the state department of motor vehicles of each such change in status. 177 178 179 180 181 182 183 184 185 186 187 Sec. 21-74. Application. Application for a license for a motor vehicle, trailer or oem~tra~ler o~o~I be made to the czt~ treasurer on ~u~L,o providing for the name and address of the applicant and a description ef the ' - ' ' ~- '- ppli ' ---=:-' ..... whzch =~= l~cense ~s to ~= ~osued Such a cat,on ' by ' ' by '- .... ~.~-=-'' ~==- accompanzed the Izcense tax zmposed =~=,~ ~==zcle. The local vehicle license application shall be combined with the state vehicle registration application in a form satisfactory to the city manager and the state department of motor vehicles. Each local vehicle license fee shall be paid to the state department of motor vehicles at the same time as the state vehicle registration 188 189 fee is collected, as authorized by Code of Virginia section 46.2- 756. 190 191 192 193 194 195 Sec. 21-75. License requirement; Imposition of t-ax fee. (a) There is hereby imposed an annual license tax ~ requirement for a local vehicle license, for each license year twelve-month term as established by this article, on motor vehicles, trailers and semitrailers, regularly kept in the city and used upon public roadways of the cityi= ~he amount of the fee for 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 ~ this license shall be as set forth in the following subsections of this section. (b) The license ta-x fee on a motor vehicle, designed and used for the transportation of passengers, which is self-propelled or designed for self-propulsion, shall be, except as otherwise specifically provided in this section, imposed in accordance with the following schedule: (1) Motor vehicles weighing four thousand (4,000) pounds or less--Twenty-five dollars ($25.00); (2) Motor vehicles weighing more than fouz thousand (4,000) pounds--Thirty dollars ($30.00); and (3) Motorcycle--Twenty-three dollars ($23.00) . (c) The license ~ fee on a one- or two-wheel trailer of a cradle, flat bed or open pickup type which has a body width not greater than the width of the motor vehicle to which it is attached at any time of operation, which is pulled or towed by a passenger car or station wagon, or a pickup or panel truck having an actual gross weight not exceeding five thousand (5,000) pounds and used for carrying property not exceeding one thousand five hundred (1,500) pounds at any one time, and for all trailers designed exclusively to transport boats or horses, shall be seven dollars and fifty cents ($7.50). Notwithstanding the above provision, the license ~ fee for each trailer or semitrailer designed for use as living quarters for human beings shall be twenty-five dollars ($25.00). (d) There is hereby imposed a license t-ax fee, to be paid by the owner, upon each motor vehicle not designed and used for the transportation of passengers, whether operated under lease or not. The amount of license ~ fee shall be determined by the gross weight of the vehicle or combination of vehicles of which it is a part, when loaded to the maximum capacity for which it is registered and licensed by the state, according to the following schedule: 229 Po un ds Fee 230 4,000 or less ............. $24.00 231 4,001--16,000 ............. 29.00 232 16,001--17,000 ............ 30.80 233 17,001--18,000 ............. 32.10 234 18,001--19,000 ............. 33.40 235 19, 001--20, 000 ............. 34 . 70 236 20,001--21,000 ............. 36.00 237 21,001--22,000 ............. 37.30 238 22,001--23,000 ............. 38.60 239 23,001--24,000 ............ 39.90 240 24,001--25,000 ............. 41.20 241 25,001--26,000 ............. 42.50 242 26, 001--27,000 ............. 43.80 243 27,001--28,000 ............. 45.10 244 28,001--29,000 ............. 46.40 245 29,001--30,000 ............. 47.70 246 30,001--31,000 ............. 49.00 247 31,001--32,000 ............. 50.30 248 32,001--33,000 ............. 51.60 249 33,001--34,000 ............. 52.90 250 34,001--35,000 ............. 54.20 251 35,001--36,000 ............. 55.50 252 36,001--37,000 ............. 56.80 253 37,001--38,000 ............. 58.10 254 38,001--39,000 ............. 59.40 255 39,001--40,000 ............. 60.70 256 40,001--41,000 ............ 62. O0 257 41,001--42,000 ............. 63.30 258 42,001--43,000 ............ 64.60 259 260 43,001--44,000 ............. 65.90 44,001--45,000 ............. 67.20 261 45,001--46,000 ............. 68.50 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 46,001--47,000 ............. 69.80 47,001--48,000 ............ 71.10 48,001--49,000 ............. 72.40 49,001--50,000 ............. 73.70 50,001--51,000 ............. 75.00 51,001--52,000 ............. 76.30 52,001--53,000 ............. 77.60 53,001--54,000 ............. 78.90 54,001--55,000 ............. 80.20 55,001--56,000 ............. 81.50 56,001--56,800 ............. 82.80 58,801 and over ............. 85.00 (e) In the case of a combination of a truck or tractor truck and a trailer or semitrailer, each vehicle constituting a part of such combination shall be registered as a separate vehicle, and a separate local vehicle license ~ fee shall be imposed thereon, but, for the purpose of determining the gross weight group into which any such vehicle falls pursuant to subsection (d) of this section, the combination of vehicles of which such vehicle constitutes a part shall be considered a unit, and the aggregate gross weight of the entire combination shall determine such gross weight group. The ~ fee for the local vehicle license ~ for a trailer or semitrailer constituting a part of such combination shall be eighteen dollars ($18.00). Provided, however, if such trailer or semitrailer exceeds a gross weight of four thousand (4,000) pounds, such ~ fee shall be twenty-seven dollars ($27.00). In determining the ~ fee to be paid for the local license ~ for a truck or tractor truck constituting a part of such combination, the t~a~ fee shall be assessed on the total gross weight of the combination when loaded to the maximum capacity for which its is registered and licensed. However, there shall be no deduction from this ~ fee for the license tax local vehicle license fee of the trailer or semitrailer in the combination. 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 Sec. 21-75.1 Transition period and schedule. (a) A transition period, with prorated license fees, will be necessary to adjust to a system in which the term of each local vehicle license conforms to state registration renewal periods. The transition period shall beqin on July 1, 2003, and end on June 30, 2005. (b) For the transition period, the local vehicle license term shall be modified from the twelve-month period, as necessary, to match the state renewal period for that vehicle. If a local vehicle license for license year 2003 is purchased prior to July 1, 2003, the license fee due during the transition period shall be multiplied by the number of years or fraction thereo~ that the vehicle is registered by the state. The director of the finance department shall prepare schedules to assist in calculatinq the proper amount of license fees due for renewals made during the 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 transition period. Sec. 21-76. Proration of ~ax fee. A li~=~= =~ equal to one-half of the annual tax = ..... ~:-- ~ ~ -~-~ ~- --~ .... ~ --~ ........ I' plate ~ o=~~ ~-,~ o~a~ u= ~u~=~=u ~=~=~=~ any icense or decal is issued during the period beginning on the first day of July and ending on the thirty-first day of December of t~hat license year; provided, however, that there shall be no proration of such annual tax unless the owner of the vehicle can show proof that he purchased the ve~hicle on or after July first of the license year or that ~- '~ '-~ ' ~= di~ not normal'-- garage, ~ store or park the vehicle in the ity .... ~' ........... ly ' -= ' ~=- c ~~ ~, ~ ~=~ Ju fir~ of the license year. proration provided in t~his section ~hall not apply to license plats or decals~o=-sued pursuant to section 21-78 for a license year which has not yet cor~,enced. If proration is necessary in any case, a license fee equal to one-twelfth of all fees required for that vehicle, trailer or semitrailer, multiplied by the number of months 10 326 327 in the state registration period, shall be collected. shall be computed to the nearest cent. The fee 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 Sec. 21-77. Payment of personal property taxes and local vehicle license fees prerequisite to state licensing; duties of city treasurer. L~u ~,u~ vehicle, trailer or semitrailer -~ the city .... ~eoo ~ ~~ the applicant for such license shall have p=~=~=~ to the city ===~o~=== satis~=u=3 evidence that all , ................... ~-~- trailer or personal prope~ t~=o upon the semitrailer to be licensed have been paid and satisfactory evidence =~m= any delinquent ,~,u=~ vehicle, trail=r or oemitrail== p=rsonal property t~=o owing have beenp~--~-~ ............... =~ ---= ...... ppli by ity ~oo=osed or az= aoo=oo~me ~m~o~ ~,= a cant the c . (a) Pursuant to Code of Virginia section 46.2-752(J), the commissioner of the state department of motor vehicles shall not issue or renew any state vehicle registration of any applicant therefor who owes the city any local vehicle license fees or delinquent personal property tax. Before being issued any state vehicle registration or renewal of such license or registration by the commissioner of the state department of motor vehicles, the applicant must first pay all such local vehicle license fees and delinquent personal property taxes and present satisfactory evidence that all such local vehicle license fees and delinquent 349 35O 351 352 353 354 355 356 357 personal property taxes have been paid in full. (b) The treasurer shall have the duty of transmitting all necessary information about unpaid delinquent personal property taxes to the state department of motor vehicles required to ensure that no license is issued to any person with delinquent personal property taxes. If a license is denied by the department of motor vehicles due to unpaid personal property taxes, the treasurer shall update records of the Department of Motor Vehicles after such taxes have been paid or exonerated by the commissioner of the revenue. 11 358 359 360 361 362 363 364 365 366 to be -'---=F~~ ono~=--'-. Reserved. ............... prescr~=u ~3 ~,io orticle and ~Fon ~3,,~=~ of the liceno= ~ ' --~ -~--- ppi' ' ' ~' ---~-'- the compliance ~.~ ~.~=~ a icable provisions of ~is ~~, ~=3-= ............... t==~o~== shall issue to the applicant a license plate and de~=l for ==-=..= ~=..~= for .,~, the t=x was p=~. The c t==oourer o~_ plo~= ~ oole =~..= .... v=~'~-= plate° or decals, for ---~ '- ..... first day of January of the =~ li~=~= year, on and after ===~ license year. 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 . ' ...... =- of ~---" to Vehicle license at no charge Sec. 21-79 ~o~..~ for members of volunteer fire companies or rescue squads, auxiliary police officers, volunteer police chaplains, auxiliary deputy sheriffs, disabled veterans and surviving spouses of disabled veterans. City automobile decals s~hall be issued to For members of the various volunteer fire companies and rescue squads, t-c auxiliary police officers~ ~T~t~ volunteer police chaplains of the city, t~ auxiliary deputy sheriffs, t~ disabled veterans as defined in Code of Virginia section 46.2-100, and ~ surviving spouses of such disabled veterans, without the payment of any tax or fee there shall be no charge for local vehicle licenses, in accord with the following provisions' (1) The city treasurer shall issue a city automobile decal to No license fee shall be charqed for one (1) vehicle owned by each active member of the various volunteer fire companies and rescue squads, ~ each active auxiliary police officer, t~ each active volunteer police chaplain, and t~ each active auxiliary deputy sheriff, and ~ each such volunteer who, although presently inactive, has completed ten (10) or more years of active service in the city~ wh~ Such persons shall submit a letter to the commissioner of the revenue from the chief of his fire company or rescue squad or, in the case of auxiliary 12 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 police officers and volunteer police chaplains, from the chief of police, or in the case of auxiliary deputy sheriffs, from the sheriff, stating that he is an active member of the company or squad or is an active auxiliary police officer, volunteer police chaplain or auxiliary deputy sheriff, or that, if inactive, he has completed ten (10) or more years of active service. Such decal The precedinq exemption from the license fee shall ~ apply to active members of volunteer fire companies and rescue squads, and each active auxiliary police officer, volunteer police chaplain and auxiliary deputy sheriff, regardless of whether the volunteer owns or leases the vehicle for which the ~ exemption is requested. (2) Each such volunteer fire company or rescue squad member, auxiliary police officer, volunteer police chaplain and auxiliary deputy sheriff shall, at the time of issuance the license fee is exempted, agree w~** the t==~ourer to return to notify the treasurer the city automobile decal issued to him commissioner of the revenue, if and when such volunteer becomes inactive prior to completing ten (10) or more years of active service. (3) The chief of each volunteer fire company and rescue squad, the chief of police, and the sheriff shall submit to the treasurer commissioner of the revenue the names and length of active volunteer service of members, auxiliary police officers and police chaplains and auxiliary deputy sheriffs who become inactive. (4) The~-~ty treasurer shall issue a city automobile decal to ee~n% No local vehicle license fee shall be charqed for one (1) motor vehicle owned by any disabled veteran and t~ each surviving spouse of a disabled veteran who ~ present~ certification of such status from the U. S. 13 425 Veterans Administration to the commissioner of the 426 427 428 429 430 431 432 433 434 435 436 revenue for qualification of such status. ~. ~-~v. ~,.~=~ of-'-=- of ~---' ...... ''-- Reserved (a) A license plate issued under the provisions of =~:- artzcle ~**~ ~= ~~=~ w~th the stat= Izcen~= ate at the ==~= or ze~z of the vehzcle for whzch zt was zssued. . -- -- , '=' ~ "= ........... = ...... under =~z~ ~ztzcle shall be ~==~=~ ezthez at =~e upper edge of the center of the wind-=~o~=-Id or o~ be ~==~=u on the wzndshzeld a ~=~= to the officmal ~op=~=z~ otzckez no mo== than thz=e (3) znches from the bott~.~ of the --~ - ~.~~=~ and no mo== than one-quart=r of an zn~. to the left or right of the official inspection sticker. 437 438 439 440 441 442 -~-~ ~ .... =:-= = ..... ~ Reserved ~ shall be .... ~**~awful and ~ ~I~oo 4 mzodemeanor for any person ~o display or cause or permit to be displayed any city license plate or decal on any vehicle other than the one for --~**~**-~ such plate oz dotal was issuod. 443 444 445 446 447 448 449 450 ~W~ Reserved --~ ~~X ' · (a) It shall be unlawful for the owner of a motor vehicle, trailer or semitrailer to display upon suc,h vehicle any City of Virginia Beach license plate or decal after the fifteenth day of February next following the end of the license year for which such plate or decal was issued. (b) A violation of this section shall institute a misdemeanor puni~,,~= by a f~ne of not mcr= than twenty uu~la~o ($~ 0O) 451 452 453 454 --'-'--' '--= ~rutilat~d, etc Reserved In the event that any license plate or decal issued under this article s,hall be lost or mutilated, or shall become illegible, the 14 455 per°on whoKo' .... =~,=~=~=~'='-= thereto o,~=-I make i~Lediate application for 456 457 458 and -==-:- - -"--': .... ' upon furnishing uw=a-~, a ~e--~a== er substitute therefor, ~zu=~L,a=~.~ of su~, =a~=o oati~factory to =..= city ~=asur=r and upon payment of two dolla=o ~$2.00} to =~e city t~=aourer. 459 460 461 462 463 464 Sec "~ "' .... "~ .... =---~ for s-ubs~: ........ ~=-~- Reserved Any pe~oon whoo~o--''- or tran.fero a ~**~.~.~ ~.~ under ~,~o a~~ ~y present the old decal (or part~ thereof) and a ~&l~ua~=u~ .... ' receipt for such decal to the ~~u~ . off~ce, ~&~ a ~'' ~-~ ~,--'- title or registration for a new vehicl~, and duplicate decal will be issued for a fee of two ~-'lars ~.00) 465 466 467 468 469 470 471 472 473 Sec. 21-85. Disposition of t-axes fees generally. All taxeo coll=~=ed under thio article s~,~l be delivered to the city treasurer whoo~a~' credit such taxes to the general fund of the city· Ail local vehicle license fees collected under this article by the state department of motor vehicles shall be deposited into a fiduciary account, held in trust for the city and not comminqled with any other funds. Each month, such fees shall be delivered to the city treasurer, who shall credit such fees to the qeneral fund of the city. 474 475 476 477 478 479 480 481 482 483 Sec. 21-86. Refund for unused portion of ~ license fee. Any person ~ who has paid a current license ~t~-~ fee, who disposes of the vehicle for which it was ~s-s~e~ paid and does not purchase another vehicle, may surrender the license pi ity ..... ' ........... ~-~ ~- ate or decal ~-~ the c t~=aourer, with a ~=**~= ~u~ w**~,, ~**= at= or decal was i~oued hao been ~oI-' inform the state department of motor vehicles, and request a refund for the unused portion of the ~ license fee paid under this article. The treasurer state department of motor vehicles shall ppli .... refund to the a cant one-half of the ta~ oo pal-', 15 484 485 486 487 488 489 490 ~ .... ' ...... ~- ' ly -~ ouch refund zo made ~ or b=for= ~= fzrst day of Ju of the , __~__, __ license year· No refund shall be made when the appl~~ therefor is made after t~he first day of July of the license year a prorated portion, in six-month increments, of the local vehicle license fee, if application for the refund is made when six (6) or more months are remaininq in the license period, in the same manner as provided by Code of Virqinia ~ 46.2-688. 491 492 493 494 495 496 497 498 499 -= ~-9, ........ Reserved (~) Any person who, w~th fraudulent ~nt=nt, a~=ero any l~cens= decal zssued by the c~t3, =~=o or ~uu~====~to any license decal purporting to have been issued by the city, or who ~u~ds or uses any such decal knowing st ~u have been altered or -- ~ , forged, shallu~e guilty of ~ ~ass I m~sdemeanor. (b) The owner of a vehicle who operates it while it displays an altered or forged decal shall be presumed to have knowledge of the alteration of forgery. 5OO 501 502 503 504 5O5 506 507 508 5O9 510 Sec. 21-364. General parking prohibitions; penalties for violation. . . · (c) No person shall park on any street or highway, or on any city parking lot, any vehicle which fails to display one or more of the following: ~ A valid local vehicle license decal as required by section 21-72. (e~) A valid state vehicle safety inspection decal. (9~) Valid state license plates. 511 512 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' 16 513 514 515 That the provisions in this ordinance amending, adding and reordaining sections of Article III and Article XI of Chapter 21 of the City Code shall take effect on July 1, 2003. 516 517 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11th day of July, 2002. 518 519 520 CA-8486 DATA/ODIN/PROPOSED/21-071etal.ord Rll June 6, 2002 17 Item VI-I. 3. - 29- ORDINANCES/RES OL UTIONS ITEM # 49 761 Barbara Messner, Friends of 31st Street Park, Post Office Box 514, Phone 422-1902, Phone 422-1902, opposed to mcreased fees, Carolyn Lincoln, Chatr- Towing Advisory Board, requested she be advzsed of concerns that she may prepare responses A MOTIONwas made by Councilman Harrison, seconded by Counctlman Branch to ADOPT an Ordmance to AMEND 3g~ 21-424, 21-426 and 21-429 of the Ctty Code re fees and access raps for towing of vehtcIes from private property Councilman Harrison AMENDED his motton to DEFER rather than adopt thts Ordznance Upon motton by Councilman Harrison, seconded by Councilman Branch, City Counctl DEFERRED until the City Council Session of July 9, 2002: Ordtnance to AMEND 393g 21-424, 21-426 and 21-429 of the Ctty Code re fees and access trips for towtng of vehtcles from private property Vottng I 1-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McCIanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counczl Members Vottng Nay None Counctl Members Absent None June ll, 2002 Item VI-I. 4. a. - 30- ORDINANCES/RES OL UTIONS ITEM # 49 762 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Councd ADOPTED: Ordtnances re temporary encroachment tnto a portton the Cay's rights-of- way London Bridge Creek by GEORGE J. AND MARSHA A. DANCIGERS re a pter, wharf and stone revetment at 2 701 Cattayle Run (DISTRICT 5 - L YNNHA VEN) The followtng conchttons shall be requtred The temporary encroachment shall be constructed and maintained tn accordance with the laws of the Commonwealth of Vtrgtma and the Ctty of Vtrgtnta Beach and tn accordance wtth the Ctty's spectficattons and approval as to stze, ahgnment and locatton The temporary encroachment shall termtnate upon nottce by the Ctty to the apphcant and, wtthm thtrty (30) days after such nottce ts gtven, the temporary encroachment must be removed from the encroachment area by the apphcant and the apphcant wdl bear all costs and expenses of such removal The apphcant shall tndemntfy and hold harmless the Cay, tts agents and employees from and agatnst all clatms, damages, losses and expenses, mcludtng 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 Nothtng heretn contained shall be construed to enlarge the permtsston and authortty to permtt the matntenance or constructton of any encroachment other than that specified hereto and to the hmtted extent spectfied herein, nor to permit the matntenance and constructton of any encroachment by anyone other than the apphcant 5 The apphcant agrees to matntatn the temporary encroachment so as not to become unstghtly or a hazard The apphcant must obtatn a permit from the Office of Development Servtces Center /Planntng Department prtor to commenctng any constructton wtthtn the encroachment area The apphcant shall obtatn and keep tn force all risk property tnsurance and general habthty or such tnsurance as ts deemed necessary by the City, and all insurance pohctes must name the Ctty as addtttonal named insured 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 tnsurance 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 matertal change to, any of the tnsurance pohctes The apphcant assumes all responstbthttes and habdtttes, vested or conttngent wtth relatton to the temporary encroachment June 11, 2002 Item VI-I. 4.a. -31 - ORDINANCES/RESOLUTIONS ITEM # 49762 (Continued) The Ctty, upon revocatton of such authortty and permtsston so granted, may remove the encroachment and charge the cost thereof to the Grantee and collect the cost tn any manner provtded by law for the collectton of local or state taxes, may reqmre the Grantee to remove the encroachment and, tf such removal shall not be made wtthtn the ttme ordered heretnabove by this Agreement, the Ctty may tmpose a penalty tn the sum of One Hundred Dollars ($100) per day for each and every day that the encroachment ts allowed to conttnue thereafter, and may collect such compensation and penalttes tn any manner provtded by law for the collectton of local or state taxes Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, ,Ir, Mayor Meyera E Oberndorf, Nancy K Parker, gtce Mayor Wtlham D Sessoms, dr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None June 11, 2002 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY PROPERTY AT THE REAR OF 2701 CATTAYLE RUN ON LONDON BRIDGE CREEK BY GEORGE J. DANCIGERS AND MARSHA A. DANCIGERS, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, George J. Danclgers and Marsha A. Dancigers, desire to construct and maintain a 6' X 30' pier, 15' X 20' wharf, and 5' X 55' stone revetment mnto C~ty property located at the rear of 2701 Cattayle Run on London Bridge Creek. WHEREAS, C~ty Council ~s authorized pursuant to ~ 15.2- 2009 and 15.2-2107, Code of V~rg~n~a, 1950, as amended, to authorize a temporary encroachments upon the Cmty's property subject to such terms and condztions 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 ~n ~ 15.2-2009 and 15.2-2107, Code of V~rginia, 1950, as amended George J. Dancigers and Marsha A. Danc~gers their hemrs, assigns and successors in t~tle are authorized to construct and mamntain a temporary encroachment for a 6' X 30' p~er, 15' X 20' warf, and 5' X 55' stone revetment in the City's property as shown on the map entitled: "Proposed Revetment/P~er/Wharf E.Br. Of Lynnhaven River/London bridge Creek Location: Va. Beach, VA Applicant: George and Marsha Danc~gars Date: 3-12-02," a copy of which ~s on fmle in the Department of Public Works and to whmch reference zs made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditzons and crzteria contamned mn the Agreement between the City of Vmrgmnma Beach and George J. Dancigers and Marsha A. Dancigers, (the "Agreement") which ~s attached hereto and mncorporated by reference; and 35 36 37 38 39 40 41 42 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that th~s Ordinance shall not be · n effect until such time as George J. Danc~gers, Marsha A. Danclgers and the C~ty Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of V~rg~nla Beach, Virginia, on the 11th day of June , 2002. 43 44 45 46 CA-# gsalmons/danclgers/ord. R-1 PREPARED: 05.16.02 APPI~O]~ED i~ TO CONTENTS S I GNATURE APPROVED AS TO LEGAL SUFFICIENCY ~ CITY A~TTORNEY ~ ITE LOCATION MAP TOTE~ SCALJ~: 1" -- 1,600' o o BOAT LIFT eee BRANCH OF LYNNHAVEN RIVER LONDON BRIDGE CREEK · SEW LOCATION MAP SHOWING ~ENCROACHMENT REQUESTEcD! BY GEORGE AND MARSHA DAN GERS INTO CITY RIGHT-OF-WAY AT THE REAR OF 2701 CATTAYLE RUN ~~ "-' SCALE: 1" = 100' VALLEY cA'n'AYI.E.DGN MJ.S. PREPARED BY P/W ENG. CADD DEFT. 15-MAY-2002 PREPARED BY VIRGINL~ BEACH CITY AITORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-8 ! l(a)(3) AND 58.1-811 (e)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this I%~' day of ~g~,, "h ,2002, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and GEORGE J. DANCIGERS AND MARSHA A. DANCIGERS, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "96" as shown on that certain plat entitled "SUBDIVISION OF CHESOPEIAN COLONY SECTION THREE LYNNHAVEN MAG. DIST. PRINCESS ANNE CO., VA. SCALE 1"=100' MAY 1957 FRANK D. TARRALL, JR. & ASSOCIATES SURVEYORS & ENGINEERS NORFOLK, VA.- VIRGINIA BEACH, VA.-PRINCESS ANNE COURT HOUSE, VA.," as recorded in M.B. 44, at page 18 and being further designated and described as 2701 Cattayle Run, Virginia Beach, Virginia 23452; and That, WHEREAS, it is proposed by the Grantee to construct and maintain a proposed 6' X 30' pier, proposed 15' X 20' wharf, and proposed 5'X 55' stone revetmem, "Temporary Encroachmem", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachmem, it is necessary that the Grantee encroach into a portion of existing City property at the rear of 2701 GPIN: 1497-58-8269 Cattayle Run, known as London Bridge Creek, "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt ofwhich is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment described as" Proposed wharf and Pier" and "Encroachment of Proposed Stone revetment," as shown on that certain plat entitled: "Proposed Revetment/Pier/Wharf E. Br. Of Lynnhaven River/London bridge Creek Location: Va. Beach, VA Applicant: George and Marsha Dancigars Date: 3-12-02," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from '.and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. 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 named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the 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 shaft not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the StLm 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, George J. Dancigers and Marsha A. Dancigers, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 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 (SEAL) ATTEST: By City Manager/Authorized Designee of the City Manager City Clerk cige~:sg{~,, l~Ia/sha~. D~mci~'~rs d - STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrumem was acknowledged before me this day of ,2002, by ., CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2002, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public STATE OF CITY/COUNtY O'~ , to-wit: The foregoing instrument was acknowledged before me this ,2002, by George J. Dancigers and Marsha A. Dancigers. day of I was commissioned Rebecoa K. Postel Deans My Commission Expires:\2~ -"- Notary Publi~ APPROVED AS TO LEGAL SUFFICIENCY CI~YrAT~I~I~E'Y' ~.. APPROVED AS TO CO, NTEN~T I CITY REAL ESTATE AGENT I Exhibit "A" =-.--, __ \ -"- \ = ~ Ex,sting Channel ~ ~ Proposed wharf and P~r Branch of Lynnhaven River Lohdon Bridge Creek C~ty of V~rg~n~a Beach ....-- Reserved Boat Basm/Oramage Easement Encroachment of Proposed Stone revetment Ebb Flood Scale I 0" = 40 0' Purpose shoreline Stablhzat~on Construction of Pier/Marginal Wharf Adjacent Owners Betty B Herrmann Fenton C Daughtrey Across Nancy G Hurst Plan view Proposed Revetment/P~er/Wha r, f Apphcant George and Marsha Danq~gars Proposed Revetment/P~er,a,'eharf E Br Pt Lynnhaven R,ver /London bridge Creek Locauon Va Beach. VA Applicant George and Maxsha Oamagars Date 3-12-02 GEORGE J. AND MARSHA A. DANCIGERS 2701 CATTAYLE RUN Stone revetmem will be place in the fi.om of the bulkhead where it curves. Adjacent property owners pier Pier directly across the canal Adjacent property owners pier Looking northwest at dock and pier Item Vl-I. 4. b. - 32 - ORDINANCES/RES OL UTIONS ITEM # 49 763 Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordinances re temporary encroachment into a portton the Ctty's rights-of- way Easement at London Brtdge Creek by L & S ASSOCIA TES, LL C (WA WA) re a 300-foot canal at the rear of Parker Lane (DISTRICT 6 - BEACH) The followtng condtttons shall be reqmred The temporary encroachment shall be constructed and matntatned tn accordance wtth the laws of the Commonwealth of Vtrgznta and the Ctty of Vtrgtnta Beach and tn accordance wtth the Ctty's spectficattons and approval as to stze, ahgnment and locatton The temporary encroachment shall termtnate upon nottce by the Ctty to the apphcant and, within thtrty (30) days after such nottce ts gtven, the temporary encroachment must be removed from the encroachment area by the apphcant and the apphcant wtll bear all costs and expenses of such removal The apphcant shall mdemmfy and hold harmless the Ctty, tts agents and employees from and agatnst all clatms, damages, losses and expenses, mcludmg 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 Nothtng herein contatned shall be construed to enlarge the permtsston and authortty to permtt the matntenance or construction of any encroachment other than that spectfied heretn and to the hmtted extent spectfied heretn, nor to permtt the matntenance and constructton of any encroachment by anyone other than the apphcant The apphcant agrees to matntatn the temporary encroachment so as not to become unstghtly or a hazard The apphcant must obtain a permtt from the Office of Development Servtces Center / Planmng Department przor to commencing any construction within the encroachment area The apphcant must submtt and have approved a traffic control plan before commenctng work tn the encroachment area The apphcant agrees that prtor to tssuance of a rtght-of-way permtt, the apphcant must post surettes, tn accordance wtth the Engtneer's cost estimate, to the Office of Development Servtces Center / Planmng Department dune 11, 2002 - 33 - Item VI-I. 4.b. ORDINANCES/RESOLUTIONS ITEM # 49763 (Continued) 10 The apphcant shall obtatn and keep tn force all rtsk property tnsurance and general habthty or such tnsurance as ts deemed necessary by the Ctty, and all tnsurance pohcies must name the Ctty as addtttonal named insured or loss payee, as apphcable The apphcant must also carry comprehenstve general habthty tnsurance tn an amount not less than Ftve Hundred Thousand Dollars ($500,000), combtned stngle hmtts of such tnsurance pohcy or pohctes The apphcant must provide endorsements provtdtng at least thtrty (30) days' written nottce to the Ctty prtor to the cancellatton or termtnatton of, or matertal change to, any of the tnsurance pohctes The apphcant assumes all responstbthttes and habthttes, vested or conttngent wtth relatton to the temporary encroachment The City, upon revocatton of such authortty and permtsston so granted, may remove the encroachment and charge the cost thereof to the Grantee and collect the cost tn any manner provtded by law for the collection of local or state taxes, may reqmre the Grantee to remove the encroachment and, tf such removal shall not be made wtthtn the ttme ordered heretnabove by thts Agreement, the Ctty may tmpose a penalty tn the sum of One Hundred Dollars ($100) per day for each and every day that the encroachment ss allowed to conttnue thereafter, and may collect such compensatton and penalttes tn any mannerprovtded by law for the collectton of local or state taxes Vottng 10-1 (By ConsenO Counctl Members Votmg Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham ~ Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, l,'tce Mayor ~ilham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay Nancy K Parker Counctl Members Absent None June 11, 2002 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF A 300' CANAL EASEMENT AT THE REAR OF PARKER LANE AT GPIN #1497-84-0748 BY L & S ASSOCIATES, LLC AND WAWA, INC, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, L & S Associates, LLC, and WAWA, Inc.,desire to construct and maintain a BMP, landscaping, curb, fence, and underground irrigation system into the City's 300' canal easement at Parker Lane along London Bridge Creek. WHEREAS, City Council is authorized pursuant to §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachments upon the City's 300' canal easement subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 and 15.2-2107, Code of Virginma, 1950, as amended L & S Associates, LLC and WAWA, Inc., assigns and successors in title are authorized to construct and maintain a temporary encroachment for a BMP, landscaping, curb, fence, and underground irrigatmon system in the City's 300' canal easement as shown on the map entitled: "ENCROACHMENT PLAT OF SITE IMPROVEMENTS INTO 300' CANAL EASEMENT FOR L & $ ASSOCIATES, LLC PARCEL X GPIN 1497-84-0748 VIRGINIA BEACH, VIRGINIA MSA, P.C. Landscape Architecture · Planning Surveying · Engineermng Environmental Scmences 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462-3708 PHONE (757)490-9264 · FAX (757)490-0634," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and 33 34 35 36 37 38 39 40 41 42 43 44 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained ~n the Agreement between the City of Virginia Beach and L & S Associates, LLC and WAWA, Inc., (the "Agreement") which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee ~s hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as L & S Associates, LLC, WAWA, Inc., and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11th day of June , 2002. 45 46 47 48 CA-# gsalmons/L&S/ord. R-1 PREPARED: 05.06.02 DEPARTMENT APPROVED AS TO LEGAL LOCATION MAP BU'~O SITE SCALE :1" -- 1,600' '1 7-85-2236 14Lq2--~5- 3248 ~ ~ ViF. GIHIA BFr. ACH BLVD. 14q7-84-3q48 14q7-84-3855 Oo0 ELEVATOR (~ ELEVATOR ELEVATOF~ ~ LOCATION MAP SHOWING M.J.S.C..,NL SAI. MO~ PARKER. DGN PREPARED BY P/W ENG. DRAFT. MARCH 19, 2002 ~ENCROACHMENT REQUESTED BY ...~ L&S ASSOCIATES, LLC //' INTO CITY RIGHT-OF-WAY I /" PARKER LANE AND 1."~~z VIRGINIA BEACH BOULEVARD k'~ , ~ SC~E: ~" = ~oo' PREPARED BY WILLIAMS MULLEN SAMUEL M KROLL 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 ~o tr.. · day of April, 2002, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, "City", Grantor and L & S ASSOCIATES, LLC, "Owner", grantee for purposes of indexing and WAWA, INC, aI New Jersey corporation, "Grantee." WITNESSETH' That, WHEREAS, the Owner is the owner and the Grantee ~s the lessee of that certain lot, tract, or parcel of land designated and described as "PARCEL X AREA=127,548 SF OR 2.928 AC GPIN:1497-84-0748" as shown on "RESUBDIVISION PLAT OF! PARCEL P-l, PARCEL A AND AN UNNAMED PARCEL AS SHOWN ON "COMPOSITE PLAT OF PROPERTY OF GEORGE J. PARKER et. al. (MB 98, PG 44) AND PORTION OF PROPERTY AS DELINEATED ON SHEETS 5lA & 51F, PLANS FOR ROUTE 58, STATE HIGHWAY PROJECT 0058-134-101, RW-203 (DB 2576, PG 2065) (SHPB 7, PG 120-120F) AND PROPERTY DESIGNATED AS GPIN NO. 1497-84-0956, 0.248 ACRES (MB 202, PG 56) VIRGINIA BEACH, VIRGINIA JULY 24, 2001" recorded in M.B. 301, at pages 23 and 24 in the Clerk's Office of the Circuit Court of the City of Virginia Beach and being further designated and described as GPIN 1497-84-0748 and GPIN 1497-84-0748 That, WHEREAS, it is proposed by the Grantee to construct and maintain a BMP, Landscaping, Curb, Fence, and Underground Irrigation System, "Temporary Encroachment", in the City of Virglma Beach; and WHEREAS, in constructing and malntaimng the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing 300' wide City owned canal easement, along the eastem side of London Bridge Creek, "The Encroaclunent Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to theI Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virg~ma and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT PLAT OF SITE IMPROVEMENTS INTO 300' CANAL EASEMENT FOR L & S ASSOCIATES, LLC PARCEL X GPIN 1497-84-0748 VIRGINIA BEACH, VIRGINIA," 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 here~n authorized terminates upon notice by the City to the Grantee, and that within thlrty (30) 2 ' days after the not~ce is given, the Temporary Encroachment must be removed from The _ Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all clmms, 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 here~n, 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 mmntmn the Temporary Encroachment so as not to become unsightly or a hazard. It ~s further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtmn a permit from the Office of Development Services Center/Planning Department prior to commenmng 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, ~n accordance with their Engineer's cost estimate,I to the Office of Development Services Center/Planning Department. It ~s further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liablhty or such insurance as 1s deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability ~nsurance in an amount not less than $500,000.00, combined single hmlts of such ~nsurance pohcy or pohcies. 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[ I authority and permission so granted, may remove the Temporary Encroachment and[ such charge the cost thereof to the Grantee, and collect the cost in any manner provided by law fort the collection of local or state taxes; may reqmre the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of Thel 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 herelnabove 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 ~s allowed to continue thereafter, and may collect such compensation and penalties ~n any mannerl provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, L & S Associates, LLC, owner, hereby joins in and agrees to the terms of this agreement and has caused this Agreement to be executed ~n its name on its behalf by Lawrence R. Siegel, Manager, w~th due authority to bind said hm~ted habihty 4 company and WAWA, Inc. hereby joins in and agrees to the terms of this Agreement and has I caused this Agreement to be executed in '~ts name and on its behalf by Joseph C. Losak, w~th! due authority to bind said corporation. Further, that the C~ty of V~rg~nia Beach has caused this Agreement to be executed in its name and on ~ts behalf by ~ts City Manager and ~ts seal be hereunto affixed and attested by its C~ty Clerk. CITY OF VIRGINIA BEACH By C~ty Manager/Authorized Designee of the City Manager (SEAL) ATTEST. City Clerk L & S ASSOCIATES, LLC BYL~nager WAWA, INC. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (,_~ep~. Losa~V~e President The foregoing ~nstrument was acknowledged before me this day of ,2002, by , City Manager/Authorized Designee of the City Manager. Notary Pubhc My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-w~t: The foregoing ~nstrument was acknowledged before me this ,2002, by Ruth Hodges Smith, C~ty Clerk for the City of Virginia Beach. day of My Commission Expires: Notary Public COMMONWEALTH OF VIRGINIA CITY/COUNTY OF If& lf~,~-- tLC~ , to-wit: The foregoing instrument was acknowledged before me this ,~ ~ _ day of ~'~'~0.-,C.t~,'' ,2002, by Lawrence R Slegel, Manageron behalfofL &S Associates, LLC. ~ "' Notary Public ! My Commission Expires: The foregoing instrument was acknowledged before me this o¢/.,~ day of ,2002, by Joseph C. Losak, Vice President on behalf)of WaWa, Inc. r -- Notary Public I:- '; ':' "NbTARI'AL' St'^t ' I.IELEN E. SUMMERS N_>tot'/Pubqc Modla, Dolawam County My Commission Expires: APPROVED AS TO LEGAL SUFFICIENCY \\bal\4413\Wawa\Va Beach Blvd and Parker La\Docs\Encroachment Agreement-2 doc APPROVED AS TO CONTENT c, ~I~Y REAL ESTATE AGENT PARCEL X (3PIN. 1497-84-0748 (MB 301, PC; 2.3) EASTERN EDGE OF 300' CANAL EA SEMEN T (DB 601, PG 2106) SHEET 1 OF 4 JOB# 99203F__[ (MS 7ff, PC ~-' ~ Foe ~, ~c ~ ~ U ~BB 1497-- / ~--5596 Exhibit "A" 2/18/02 ENCROACHMENT PLAT OF SITE IMPROVEMENTS INTO 300' CANAL E EM ~o~ PARCEL X GPIN 1497-84-0748 VIRGINIA BEACH, VIRGINIA MSA, P.C. Landscape Architecture · Planning Surveying. Engineering Environmental Sciences 5031 ROUSE DRIVE. VIRGINIA BEACH VA 23462-3708 PHONE (757) 490-9264 · FAX (757) 490-06'f4 SCALE: 1"=60' ! DWN BY: MAS _ PLAT RECORDED IN MB 301, PG 23 & 24 N JOSEPH H. JR. & GAlL Z WATSON 64, PC 47) GPIAL. I497-74-5596 ZONED B-2 SHEET 2 OF 4 JOB# 9920`5F i ilI 2/18/02 VIRGINIA BEA OH BOULEVARD /' I '~ N 74'24'26" E / :23'25" E ,,------ DOUBLE SILT FENCE ! 0.5' CONCRETE CURB IN/I,17ET TOP /F BANK / 48" CHAIN LINK FENCE COATED WITH GREEN VINYL CONCRETE SWALE BMP L & S ASSOCIATES, LLC PARCEL X GPIN 1497-84-0748 (MB ,501, P(; 2,.3) EA S TERN EDGE OF 500' CA NA LEA SEMEN T (D~ ~o~, PC (~ 75, PC 2~) S 80'03'48" W~ xD~UBLE SILT FENCE / ,~TH ENCROACHMENT PLAT OF SITE IMPROVEMENTS INTO ,300' CANAL EASEMENT FOR L & S ASSOCIATES, LLC PARCEL X (;PIN 1497-84-0748 VIRGINIA BEACH, VIR(;INIA MSA, P.C. Landscape Architecture · Planning Surveying. Engineering Environmental Sciences ';011 ROUSE DRIVE VIRGINIA BEACH, VA 23462-3708 PHONF (7~7) 490-9264 · F&X (757) 490.06t4 SCALE: 1"=50' DWN BY: MAS No. 2306 · la, PLAT RECORDED IN MB 301, PG 23 & 24 V~R~INIA B~A ~H BOUL~'VARD LER HEAD(TYP) N 74'24'26" E 232.48' JOSEPH Il. JR. GAlL Z. WA TSON DMBB 88~, PG GPI~' 1497-74-5596 ZONED SHEET ,:5 OF 4 ,JOB# 99205F 2/18/02 0.5' CONCRETE CURB / UNDERGROUND IRRIGATION SYSTEM ~SHUT OFF VALVE (TYP) L & S ASSOCIATES, LLC PARCEL X GPIN 1497-84-0748 (MB 301, PG 23) ENCROACHMENT PLAT OF SITE IMPROVEMENTS INTO 300' CANAL EASEMENT FOR L &: S ASSOCIATES, LLO, PARCEL X GPIN 1497-84-0748 VIRGINIA BEACH, VIRGINIA MSA, P.C. Landscape Architecture · Planning Surveying. Engineering Environmental Sciences ~011 ROUSE DRIVE ¥IRGINIA BEACH, VA 21462-3708 PHONF (7~7) 490-9264- FAX (757) 490-0634 SCALE: 1"=50' DWN BY: MAS PLAT RECORDED IN MB 301, PG 23 & 24 CURVE TABLE (~URVE RADIUS LENGTI-i' TANGENT! CHORD BEARING DELTA C1 225.00 106.80 54.4,3 105.80 S27'01'26"E 27'11'49" , C2 175.0,3 104.65 5,3.94 10,3.10 S2`3'`38'55"E ,:34'15'27" C`3 68.75 107.50 68.26 96.88 S55'`37'58"E 89',35'22" 77~EE LEGEND S1 GRAY DOGWOOD T 1 RED MAPLE T 2 HA CKBERR Y T,3 AMERICAN HOLLY T4 RED CEDAR T5 TULIP POPLAR T6 BLACK GUM T7 ARIZONA C )'PRESS .. T 8 S YCA MORE .., T 9 dA PA NESE ZEL KO VA SHEET 4 OF 4 JOB# 9920`3F 2/18/02 ENCROACHMENT PLAT OF SITE IMPROVEMENTS INTO ,300' CANAL EASEMENT FOR L &: S ASSOCIATES, LLC PARCEL X (]PIN 1497-84-0748 VIRGINIA BEACH, VIRGINIA MSA, P.C. Landscape Architecture · Planning Surveying. Engineering Environmental Sciences r q013 ROUSE DRIVE ~ IRGINIA BEACH, VA 21462-3708 PHONF (757) 400.9264 · FAX (757} 490.0634 SCALE: N/A DWN BY: MAS PLAT RECORDED IN MB 301, PG 23 & 24 L & S ASSOCIATES, LLC AND WAWA, INC ST ~NDING AT CENTER OF LOT, FACING WEST, I'OWARDS E:~_%E?vlENT. EXISYING TREES TO RENLAIN UNDISTURBED. L & S ASSOCIATES, LLC AND WAWA, INC STANDING AT THE~ SOUTH SIDE OF LOT, FACING NORTH, SHOWING EXISTING ASPHALT ENCROACHING INTO EASEMENT. Item I/I-I. 5. - 34- ORDINANCES/RES OL UTIONS ITEM # 49 764 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, Ctty Counctl ADOPTED: Orchnance to ACCEPT and APPROPRIATE a $2,519,000 Congestton Mtttgatton and Air Quahty Grant for upgrading cttywtde traffic signal system wtth VDOT fundmg. Voting 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr., Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, ,Ir, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None June 11, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $2,519,000 CONGESTION MITIGATION AND AIR QUALITY GRANT FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO CAPITAL PROJECT #2- 039, COMPUTERIZED TRAFFIC SIGNAL SYSTEM UPGRADE/REPLACEMENT, FOR THE PURPOSE OF UPGRADING THE CITYWIDE TRAFFIC SIGNAL SYSTEM WHEREAS, the Hampton Roads Planning District Commission awarded a $2,519,000 Congestion Mitigation and Air Quality grant to the City to upgrade the citywide signal system through capital project #2-039, Computerized Traffic Signal System Upgrade/Replacement, and this funding is included in the Virginia Department of Transportation Virginia Transportation Development Plan which does not require city matching funds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a $2,519,000 Congestion Mitigation and Air Quality grant is hereby accepted from the Virginia Department of Transportation and appropriated to capital project #2-039, Computerized Traffic Signal System Upgrade/Replacement. 2. That estimated revenue from the federal government is hereby increased by $2,519,000. 3. That the City Manager is hereby authorized to enter into all agreements with VDOT required to complete this project, subject to the approval of such agreements by the Cmty Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the llth day of June , 2002. CA-7803 OrdinkNoncodekTraffic Signal Revised. Ord R4 May 22, 2002 APPROVED AS TO CONTENT: Manageme~ g4rvlces APPROVED AS TO CONTENT: · c ~orks APPROVED AS TO LEGAL SUFFICIENCY: 0 Z 0 Item VI-I. 6. - 35- ORDINANCES/RESOL UTIONS ITEM # 49765 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED: Ordinance to APPROPRIATE $80,000 from the General Fund for an Interest-Free loan to Kempsvtlle Rescue Squad re ambulance replacement. Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr., Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Voting Nay None Counctl Members Absent None June 11, 2002 AN ORDINANCE TO APPROPRIATE $80,000 FROM THE GENERAL FUND, FUND BALANCE FOR THE PURPOSE OF PROVIDING AN INTEREST-FREE LOAN TO THE KEMPSVILLE VOLUNTEER RESCUE SQUAD FOR THE PURCHASE OF A REPLACEMENT AMBULANCE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, the Kempsville Volunteer Rescue Squad has determined that it is not feasible to continue to use one of its current ambulances, given its high maintenance cost and reliability problems; and WHEREAS, the Rescue Squad does not presently have adequate funds to purchase a replacement ambulance, but has represented that fund-raising efforts will provide sufficient funds to repay an interest-free loan from the City of Virginia Beach in the amount of $80,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That funds in the amount of $80,000 are hereby appropriated from fund balance in the General Fund for the purpose of providing an interest-free loan to the Kempsville Volunteer Rescue Squad so that it may purchase a replacement ambulance. 2. That this loan is to be repaid in (5) equal annual installments of $16,000 due on the 15th day of July each year, with the first payment to be made on or before July 15, 2003, and the last payment to be made on or before July 15, 2007. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11th day of June , 2002. Requires an affirmative vote by a majority of the members of the City Council. CA-8510 Noncode/Kempsville vol rescue squad loan.ord May 29. 2002 R1 APPROVED AS TO CONTENT Management Services APPROVED AS TO LEGAL SUFFICIENCY c~~ty- Attorn~ O fflc~ ' KEMPSVILLE RESCUB SQUAD INC. P.O. BOX 62345 · VIRGINIA BEACH, VA. 23466 757-340-KVRS To: Brace Edwards Director of EMS, City From: Richard E. Baker Squad Commander, Subject: No interest Date: May 15, 2002 Dear Bruce, current unit 927· Kempsville loan. Payments payment becoming due back ov~ a period of five appreciated. If you need hesitate to contact me. Squad loan for the old and as to rise as well as able to of alterations. · amount of said with the fa-st expect to pay the loan matter is greatly matter further, please do not E. Baker Squad Commander, KVRS Item VI-I. 7. - 36- ORDINANCES/RES OL UTIONS ITEM # 49 766 Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Counctl ADOPTED: Ordtnance to APPROPRIATE $23,350 revenues received through Wetlands and Coastal Primary Sand Dunes Zoning vtolattons to the FY- 2001-02 operattng budget re Department of Agriculture Voting I I-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlltam W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None June 11, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 AN ORDINANCE TO APPROPRIATE $23,350 IN CIVIL CHARGES COLLECTED FROM WETLANDS AND COASTAL PRIMARY SAND DUNES ZONING ORDINANCE VIOLATIONS TO THE FY 2001-02 OPERATING BUDGET OF THE DEPARTMENT OF AGRICULTURE FOR WETLANDS AND COASTAL SAND DUNE RESTORATION AND ENHANCEMENT PROJECTS WHEREAS, $23,350 in civil charges from violations of the Virginia Beach Wetlands and Coastal Primary Sand Dune Zoning Ordinance has been paid to the City during FY 2001-02 through May 20, 2002, and these funds can be expended to restore and enhance the City's wetlands and coastal primary dunes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $23,350 in civil charges paid from violations of the Virginia Beach Wetlands and Coastal Primary Sand Dune Zoning Ordinance are hereby appropriated to the FY 2001-02 operating budget of the Department of Agriculture for wetlands and coastal primary sand dune restoration and enhancement projects. 2. That estimated revenue from Virginia Beach Wetlands and Coastal Primary Sand Dunes Zoning Ordinance civil charges is increased by $23,350. Adopted by the Council of the City of Virginia Beach, Virgmnla, on the llth day of June , 2002. Requires an affirmative vote by a majority of members of City Council. CA-8505 Ordin/Noncode/wet 1 ands fy02 ord. wpd R-2 May 23, 2002 APPROVED AS TO CONTENT: ~anager~ntl Services APPROVED AS TO LEGAL SUFFICIENCY -City ~[%tor i~ Item VI-I.~. -37- ORDINANCES/RES OL UTIONS ITEM # 49767 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordinances re COMPENSATION a Ctty Manager b Ctty Attorney c Ctty Clerk d Ctty Assessor Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and Rosemary Wtlson CounctI Members Vottng Nay None Councd Members Absent None June 11, 2002 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY MANAGER WHEREAS, City Council has evaluated the performance of the City Manager; and WHEREAS, based upon this evaluation, City Council has determined that an increase in the City Manager's compensation would be appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That effective December 1, 2002, the salary of the City Manager is hereby increased by 3 ~ percent from $167,200.08 annually to $173,052.00 annually, and that, effective July 1, 2002, the City's contribution to the City Manager's deferred compensation plan is hereby increased from $8,500 annually to ~11,000 annually, and the car allowance of the City Manager is increased from $6,000 annually to $10,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the llth day of June , 2002. 20 21 22 23 CA-8528 ORDIN\NONCODE\salarymanager.wpd June 5, 2002 RI AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY CLERK 10 11 12 13 14 15 16 WHEREAS, City Council has evaluated the performance of the City Clerk; and WHEREAS, based upon this evaluation, City Council has determined that an increase in the City Clerk's compensation would be appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That effective November 16, 2002, the salary of the City Clerk is hereby increased by 3 ~ percent from $73,150.08 annually to $75,710.00 annually, and the City Clerk shall receive a car allowance in the amount of $4,200.00 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the llth day of June , 2002. 17 18 19 20 CA-8527 ORDINkNONCODEksalaryclerk.wpd June 5, 2002 RI AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY ATTORNEY 10 11 12 13 14 15 16 17 18 19 WHEREAS, City Council has evaluated the performance of the City Attorney; and WHEREAS, based upon this evaluation, City Council has determined that an increase in the City Attorney's compensation would be appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That effective November 1, 2002, the salary of the City Attorney is hereby increased by 3 ~ percent from $151,525.20 annually to $156,828.00 annually, and that, effective July 1, 2002, the City's contribution to the City Attorney's deferred compensation plan is hereby increased from $8,500 annually to $11,000 annually, and the car allowance of the City Attorney is increased from $4,200 to $6,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the llth day of June , 2002. 20 21 22 23 CA-8526 ORDINkNONCODEksalaryattorney.wpd June 5, 2002 RI AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY REAL ESTATE ASSESSOR WHEREAS, City Council has evaluated the performance of the City Real Estate Assessor; and WHEREAS, based upon this evaluation, City Council has 8 determined that an increase in the City Real Estate Assessor's 10 compensation would be appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 11 OF VIRGINIA BEACH, VIRGINIA: 12 13 That effective March 1, 2003, the salary of the City Real Estate Assessor is hereby increased by 3 h percent from $88,198.08 14 15 16 annually to $91,285.00 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11th day of June , 2002. 17 18 19 20 21 CA-8525 ORDINkNONCODEksalaryas sessor, wpd R-1 June 5, 2002 R2 - 38- Item VI-I. 9. ORDINANCES/RES OL UTIONS ITEM # 49 768 Clay Berntck, Envtronmental Management, advtsed The Planntng Staff has developed a revtsed proposal whtch brtngs together several key concepts under one destgnatton The first ts the concept of a Greenway Corridor connecttng Stumpy Lake to Back Bay, located along the In&an Rtver Road corrtdor The second concept would provtde the Ctty's southern portton of the travel route connectmg sttes being destgnated by the Department of Game and Inland Ftshertes as a Birding Trail The thtrd concept would provtde an alternattve and more scentc route connectmg Back Bay and Mackay Island Nattonal Wtldhfe Refitges to other refuges tn Southeastern Vtrgmta and Northeastern North Carohna, along a cot rtdor nattonally recogmzed as the Charles Kuralt Trail. In pulhng these three concepts together as a Virginia Byway, staff constdered the potenttal for tncreased fundmg as a result of the destgnatton under he Transportatton Enhancement Grants program as a major opportuntty The State annually produces a Scenic Byway Map Thts ts a tourtsm and recreattonal promotton A blue and whtte stgn wtth a car&nM ts posted ons the roads throughout Vtrgtnta The most tmportatton aspect of the destgnatton ts thts makes the Ctty ehgtble to seek fundtng through the Transportatton Enhancement Grants program Thts fundmg stream encompasses recreattonal amentttes, road tmprovements such as repavmg, scentc pullouts, overlooks and mterpretatton stgns along the roadways Wtthout thts destgnatton, the Ctty would not be ehgtble for these funds Thts destgnatton does not tn any way restmct any type of land use nor access to the roadway Netther does tt affect property mght tssues Relattve traffic projecttons, Counctl Lady Henley referenced staff has projected a potenttal for moderate increase tn tra./fic from the Stumpy Lake segment at less than average of 40 vehtcle trtps per da),' and a potenttal for mmtmal mcrease tn traffic for the southern sectton of less than an average of l 0 vehtcle trtps per day The followtng regtstered tn SUPPORT: Molly Brown, represented Frtends of Back Bay, 2232 Sandptper Road The followtng regtstered requesttng DEFERRAL: Ertc Anderson, 5299 Greenwtch Road, Prestdent- Lakestde Constructton Company/Member Ctttzens Advtsory Commtttee on Sandbrtdge Road Corrtdor Study Paul Russeau, 3616 Sandptper Road, Phone 426-53 76, Prestdent Elect - Sandbrtge Ctvlc League Jane Rowe, 608 Ocean Lakes Drtve, Phone 426-3053 Sue Foy, 4235 Chartty Neck Road, Phone 426-7336 The followtng registered tn OPPOSITION: Maxtne Graham, 2202 I/entce Court, Phone 430-9930 A MOTIONwas made by Counctl Lady Henley to DEFER thts matter unttl the Ctty Councd Sesston of July 9, 2002 Counctl Lady Henley WITHDREW her motion A MOTION was made by Counctl Lady Henley, seconded by Counctlman Branch to ADOPT a Resolutton to AUTHORIZE the City Manager to make apphcatton for the proposed Green Sea Scenic Byway destgnatton for certatn roadways between Sandbrtdge, Newbrtdge and Sandfiddler Roads A SUBSTITUTEMOTIONwas made by CounctlLady Wtlson, seconded by CounctlLady Eure to DEFER until the City Council Session of July 9, 2002, Resolutton to AUTHORIZE the Ctty Manager to make apphcatton for the proposed Green Sea Scenic Byway destgnatton for certain roadways between Sandbrtdge, Newbrtdge and Sandfiddler Roads Vottng 3-8 (MOTION LOST TO A NEGATIVE VOTE) Counctl Members Vottng Aye Margaret L Eure, Reba S McClanan and Rosemary Wtlson Counctl Members Vottng Nay Ltnwood 0 Branch, IlL, Wtlham W Harrtson, dr, Barbara M Henley, Louts R Jones, Robert C Man&go, dr, Mayor Meyera E Oberndorf Nancy K Parker and Vtce Mayor Wtlham D Sessoms, dr Counctl Members Absent None June I1, 2002 Item VIoI. 9. - 39- ORDINANCES/RESOLUTIONS ITEM # 49768 (Continued) MAIN MOTION Upon motton by Counctl Lady Henley, seconded by Councdman Branch, Ctty Counctl ADOPTED Resolutton to AUTHORIZE the Ctty Manager to make apphcauon for the proposed Green Sea Scenic Byway destgnatton for certam roadways between Sandbndge, Newbrtdge and Sandfiddler Roads Vottng 8-3 Counctl Members Vottng Aye Ltnwood 0 Branch, III,, Wdham W Harrtson, dr, Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Vtce Mayor Wtlham D Sessoms, dr Councd Members Vottng Nay Margaret L Eure, Reba S McClanan and Rosemary Wtlson Counctl Members Absent None June 11, 2002 Requested by Councilwoman Barbara M. Henley A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO MAKE APPLICATION TO THE COMMONWEALTH TRANSPORTATION BOARD FOR THE DESIGNATION OF CERTAIN ROADWAYS AS COMPRISING THE PROPOSED GREEN SEA SCENIC BYWAY, A VIRGINIA BYWAY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS, by Resolution adopted on February 27, 200]_, the City Council declared its Intention that the City Manager make applicatmon to the Commonwealth Transportation Board for the desmgnatmon of the segment of Sandbridge Road between New Bridge Road and Sandfiddler Road as a Virgmnia Byway; and WHEREAS, the Commonwealth Transportation Board has evaluated the applmcation for the designation of the segment of Sandbrmdge Road between New Bridge Road and Sandfiddler Road as a Virginma Byway, and determmned that the segment does not satisfy the criterma for desmgnatmon as a Vlrgmnma Byway due to its minmmal length; and WHEREAS, the City has indicated its support for a proposed scenic corrmdor linking Stumpy Lake to Back Bay, for the Charles Kuralt Trail linking Back Bay and Mackay Island National Wildlife Refuge to other refuges in Virginma and North Carolmna, and for the proposed Coastal Birding Trail being developed by the Vlrgmnma Department of Game and Inland Fmshermes; WHEREAS, the City has identified certamn roadways on the attached map and table as the proposed Green Sea Scenic Byway mn order to complement and accommodate the Stumpy Lake to Back Bay scenic corrmdor, the Charles Kuralt Traml route and the Coastal Birding Trail route; and WHEREAS, Virginia Code Section 33.1-63 defines the term "V~rginia Byway" as "a road . . . having relatively h~gh aesthetic or cultural value, leading to or within areas of histormcal, natural or recreational signifmcance;" and 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 WHEREAS, to be considered for designation as a Virginia Byway, a segment of road must substantzally meet certain criteria, to-wit' 1 The route provides ~mportant scenic w~lues and experience; 2 There is a d~versity of experiences, as in transition from one landscape scene to another; 3 The route links together or provides access to scenic, h~stor~c, recreational, cultural, natural and archaeological elements; 4 The route bypasses major roads or provides opportunity to leave high-speed routes for variety and leisure in motoring; 5 Landscape control or management along the route is feasible; 6 The route allows for additional features that w~ll enhance the motorist's experience and w~]l improve safety; and 7 The local government has initiated zoning or other land- use controls, so as to reasonably protect the aesthetic and cultural values of the h~ghway; and WHEREAS, it is the sense of the City Council that the roadways herein identified as the proposed Green Sea Scenic Byway should be identified as a Virginia Byway; NOW THEREFORE IT IS RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager be, and hereby ~s, authorized and d~rected to make application to the Commonwealth Transportation Board for designation of the roadways here~n ~dentlf~_ed as the proposed Green Sea Scenic Byway as a V~rg~n~a Byway, and to transmit a copy of such application to the D~rector of the V~rg~n~a Department of Conservation and Recreation. 64 65 Adopted by the Council of the City of Virginia Beach, Virginia, on the llth day of June , 2002. 66 67 68 69 CA-8511 bkw/work/greensea Ri May 30, 2002 APPROVED AS TO CONTENT' APPROVED AS TO LEGAL SUFFICIENCY' -_ / Proposed Scenic Byway Alternative 1 ilPAIternative 2 3 0 3 6 Miles Proposed Green Sea Scenic Byway Route and Mileage Table Segment Road Segment From To Miles Number 1 Indian River Road Elbow Road New Bridge Road 10 26 2 Indian River Road New Bridge Road Muddy Creek Road 0 56 3 Muddy Creek Road Indmn Raver Road Nawney Creek Road 3 88 4 Nawney Creek Road Muddy Creek Road Mill Landing Road 1 51 5 Mill Landing Road Nawney Creek Road Morris Neck Road 0 82 6 Moms Neck Road Mil Lanchng Road Princess Anne Road 3 32 7 Princess Anne Road Moms Neck Road Pungo Ferry Road 1 09 8 Pungo Ferry Road Princess Anne Road Blackwater Road 4 08 ALTERNATIVE Blackwater Road Pungo Ferry Road Indian Creek Road 1 92 1-1 ALTERNATIVE Indian Creek Road Blackwater Road Chesapeake Line 2 44 1-2 · ALTERNATIVE Blackwater Road Pungo Ferry Road Head Raver Road 0 74 2-1 ALTERNATIVE Head R~ver Road Blackwater Road Chesapeake Line 2 06 2-2 SPUR 1 -1 New Bridge Road Indian Raver Road Sandbndge Road 1 29 SPUR 1-2 Sandbridge Road New Bridge Road Sandpiper Road 3 18 SPUR 2 Princess Anne Road Morris Neck Road State Line 4 38 TOTAL 1-8 1-8 Chesterbrook Drive Blackwater Road 26 35 TOTAL SPUR 1 1-1 & 1-2 New Bridge Road Sandp~per Road 4 47 TOTAL SPUR 2 Princess Anne Road State Line 4 38 TOTAL 4 36 ALTERNATIVE 1 TOTAL 2 80 ALTERNATIVE 2 TOTAL 1-8, 34 37 SPUR 1 & SPUR 2 Item VI-I. 10. ORDINANCES/RES OL UTIONS - 40- ITEM # 49 769 Barbara Messner, Post Office Box 514, Phone 422-1902, regtstered tn Opposttton Todd Solomon, 2260 Ftrst Landtng Lane, Phone 496-5733, represented the Shore Drtve Commumty Coahtton, advtsed the mtent of the amendment ortgtnally requested was to "Perform an engmeertng destgn analysts for the rehabthtatton and replacement of the Lesner Brtdge All destgns shall tnclude multt-purpose tratl capabthttes All options shall be developed and evaluated wtth full pubhc parttctpatton" The Coahtton's concern relattve a detatled revtew of all the opttons would not be performed Mr Solomon beheved staff's currently worded modtficatton and hts mterpretatton meets the Shore Drtve Communtty Coahtton 's request Ed Kraus, 3558 Shore Drtve #12021, Phone 363-9213, regtstered tn Opposttton to the 6-lantng of Lesner Bmdge Upon motton by Counctlman Harrtson, seconded by Counctlman Branch, Ctty Counctl ADOPTED, AS AMENDED: Resolutton to ACCEPT the Shore Drtve Transportatton Study wtth tts recommendattons *Modzficatton and substttutton for the recommendatton on page 2 tn regard to the Lesne~ Brtdge *Contmue to matntatn the extstmg facthty and review economically feastble rehabthtatton facthttes Plan to replace the currentJacthty wtth a "stgnature" brtdge The new brtdge wtll mclude multt-purpose tratl capabthttes and wtll be destgned and constructed so as to allow for the provtston of 6-lanes No ahgnment recommendatton ts made at thts ttme Potenttal ahgnment opttons wtll be developed and wtll be evaluated wtth full pubhc parttctpatton" Vottng 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None June 11, 2002 A RESOLUTION TO ACCEPT THE SHORE DRIVE TRANSPORTATION STUDY AND ADOPT ITS RECOMMENDATIONS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, the Shore Drive Transportation Study ("Study"), a comprehensive review of transportation issues in the corridor from Northampton Boulevard to North Great Neck Road, was initiated in August 2000, and the completed Study was presented to the City Council on January 8, and May 28, 2002; and WHEREAS, based on the Study and the City Council's review and consideration, the Council desires to accept the Study and adopt its recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby accepts and adopts the recommendations, as modified below, as the Council's policy, the Shore Drive Transportation Study, which was presented to the City Council on January 8, and May 28, 2002, and a copy filed with the City Clerk, with a modification and substitution for the recommendation on page 2 in regard to the Lesner Bridge that reads: "Continue to maintain the existing facility and review economically feasible rehabilitation activities. Plan to replace the current facility with a "signature" bridge. The new bridge will include multi- purpose trail capabilities and will be designed and constructed so as to allow for the provision of 6-lanes. recommendation is made at No alignment this time. Potential alignment options will be developed and will be evaluated with full public participation." Adopted by the Council of the City of Virginia Beach, Virginia, on the 11th day of June, 2002. CA-8372 ORDIN\NONCODE\Shore Drive Transportation Study.res.wpd June 14, 2002 R-5 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public Works City Attorney ATLANTIC OCEAN LOCATION MAP FOR SHORE DRIVE TRANSPORTATION CI P .//'2-114 STUDY SCALE: 1" = 3,200' PREPARED BY P/W ENG. DRAFT. 04-JUN-2002 - 41 - Item VI-I. 11. ORDINANCES/RES OL UTIONS ITEM # 49770 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, City Councd ADOPTED: Resolution to A UTHORIZE reconstructton/relocatton ora nonconformtng duplex at 305 26 ~ Street, subJect to certatn hmttattons Voting 11-0 (By ConsenO Councd Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, dr and Rosemary Wtlson Councd Members Vottng Nay None Councd Members Absent None June 11, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 A RESOLUTION AUTHORIZING THE RECONSTRUCTION AND RELOCATION OF A NONCONFORMING DUPLEX DWELLING ON PROPERTY LOCATED AT 305 26 STREET, IN THE BEACH DISTRICT WHEREAS, Sunkist C. Farrelli, (hereinafter the "Applicant") has made application to the City Council for authorization to reconstruct and relocate a nonconforming duplex dwelling situated on a certain lot or parcel of land having the address of 305 26 Street, in the RT-3 Resort Tourist Zoning District; WHEREAS, the said duplex dwelling is a nonconforming structure, in that the dwelling does not meet setback or lot coverage requirements and duplex structures are no longer allowed in the RT-3 Resort Tourist Zoning District; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the reconstruction or relocation of a nonconforming structure is unlawful in the absence of a resolution of the City Council authorizing such action upon a finding that the proposed structure, as reconstructed and relocated, will be equally appropriate or more appropriate to the zoning district than is the existing structure; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed structure, as reconstructed and relocated, will be equally appropriate to the district as is the existing structure. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the proposed reconstruction and relocation of the Applicant's duplex dwelling is hereby authorized, upon the following conditions: 1. The footprint of the new duplex shall not exceed 1,080 square feet. The structure shall be located at least eight feet from each side property line and eight feet from the front property line. 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 2. The building shall be elevated to a height sufficient for parking vehicles underneath it. 3. The height of the building shall not exceed 35 feet. 4. The building shall have a traditional "beach cottage" architectural style. Building plans and elevations shall be submitted to the Planning Director or his designee for approval prior to the issuance of a building permit. 5. The exterior siding on all sides of the building shall be cedar shake or simulated cedar shake. Colors shall be white, earth tone or pastel. 6. The ground floor level of the building shall be enclosed with the same siding as used for the exterior of the main floors of the structure or with a complementary latticework structure, except for necessary openings for vehicle or pedestrian entry. 48 49 5O 51 52 53 54 55 56 57 58 59 60 Adopted by the Council of the City of Virginia Beach on the 11th day of June , 2002. CA-8512 bkw/work/nonconfarrelli, wpd R-1 June 3, 2002 APPROVED AS TO CONTENT- P fan'ntng ~--~ APPROVED AS TO LEGAL SUFFICIENCY' Department of Law - 42 - Item VI-I. PLANNING ITEM # 49771 1 MR. and MRS. MICHAEL L. CULLIPHER CONDITIONAL USE PERMIT 2. L.B.H., LLC STREET CLOSURE 3. GENERAL BOOTH STORAGE, INC. MODIFICATION OF CONDITOINS (C UP - 10/9/2 001) AND VARIANCE 4. ROBERT E. STEINHILBER VARIANCE 5. CHARLIE FALK AUTO WHOLESALER, INC. CONDITIONAL USE PERMIT 6. CITY OF VIRGINIA BEACH SHORE DRIVE CORRIDOR DESIGN GUIDELINES 7. CHARLES F. BOWDEN CONDITIONAL CHANGE OF ZONING 8. SUDHAKAR J. LA VINGIA CHANGE OF ZONING June 11, 2002 Item VI-I. 1. - 43 - PLANNING ITEM # 49 772 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, Ctty Counctl APPROVED in ONE MOTION Items 1, 2, 3, 4, 5 and 6 of the PLANNING BY CONSENT Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None June 11, 2002 Item VI-I. 1. - 44 - PLANNING ITEM # 49 773 Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, City Council MODIFIED/CONDITIONED FOR COMPLIANCE by March 1, 2003, the extension ~f the Aprtl 24, 2001, approved Condmonal Use Permtt for a borrow ptt tn behalf of MR. and MRS. MICHAEL L. CULLIPHER at 772 Prtncess Anne Road Apphcatton of Mr and Mrs Michael L Culhpher for the reconslderatton of condtttons placed on the approved apphcatton for a borrow ptt on Aprtl 24, 2001 Property ts located at 772 Prmcess Anne Road DISTRICT 7 - PRINCESS ANNE The followtng condtttons shall be requtred The locatton and dtmenstons of the excavatton area shall be tn accordance wtth the plan entitled "Mtke Culhpher Irrtgatton, by US Department of Agrtcutture, Sod Conservation Servtce, whtch has been exhtbtted to the Ctty Counctl and ts on file wtth the Planntng Department 2 MODIFICATION TO APRIL 24, 2001 CUP The completton of restoratton acttvtttes shall occur by March 1, 2003 3 Operating hours shall be 7 O0 AM to 7 O0 PM, Monday through Saturday No Sunday operattng shall be permttted The Ctty, upon revocatton of such authortty and permtsston so granted, may remove the encroachment and charge the cost thereof to the Grantee and collect the cost tn any manner provtded by law for the cotlectton of local or state taxes, may requtre the Grantee to remove the encroachment and, tf such removal shall not be made wtthtn the ttme ordered heremabove by thts Agreement, the Ctty may tmpose a penalty tn the sum of One Hundred Dollars ($100) per day for each and every day that the encroachment ts allowed to conttnue thereafter, and may collect such compensation and penalttes tn any mannerprovtded by law for the collectton of local or state taxes No excavatton or restoratton of the borrow ptt shall be allowed wtthout first obtamtng any necessary permtts from the appropriate federal. state and local agenctes No excavatton of the borrow ptt shall commence until such ttme that a site plan and excavatton permtt have been revtewed and approved by the Development Services Center Any approved stte plan, tssued by the Development Servtces Center, shall include a spectfic street and htghway contmgency plan that addresses the repatr and replacement of any damaged roadway surfaces associated wtth the borrow ptt operatton Prtor to commencement of excavatton acttvtty. "Constructton Entrance Ahead" signs must be placed on Prtncess Anne Road 1000 feet from the entrance tn both dtrecttons and "Trucks Entering Htghway" signs must be placed 500 feet from the entrance tn both dtrecttons 8 The excavatton area and the access roads on stte wtll be operated and matntatned tn a dust free manner June 11, 2002 Item VI-I. 1. - 45- PLANNING ITEM # 49 773 (Continued) 10 Undratned pockets and stagnant pools resultmg fi'om surface dratnage shall be sprayed tn accordance wtth requirements of the State Board of Health to ehmmate breedtng places for mosquitoes and other msects Once excavatton ts complete, the excavated area shall be used and mamtatned as an trrtgatton pond Voting 11-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None June 11, 2002 - 46- Item VI-I. 2. PLANNING ITEM # 49 774 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl ADOPTED Ordinance upon apphcatton of L.B.H., L.L.C. for the dtsconttnuance, closure and abandonment of the untmproved portton of Ferry Potnt Road Ordtnance upon Apphcatton of L B H, L L C for the dtsconttnuance, closure and abandonment of the untmproved portton of Ferry Pomt Road, begtnntng at a potnt 350feet south of lndtan Rtver Road and runnmg tn a southerly dtrectton a &stance of 84 33feet along the eastern property hne and 70feet along the western property hne Satd street ts 30feet tn wtdth and contains 2,383 square feet (GPIN #1465-08-8453) DISTRICT 1 - CENTER VILLE The followtng condtttons shall be requtred The Ctty Attorney's Office shall make the final determmatton regardmg ownershtp of the underlymg fee The purchase prtce to be pard to the City shall be determtned accordtng to the "Pohcy Regardtng Purchase of Ctty's Interest tn Streets Pursuant to Street Closures" approved by Ctty Counctl Coptes of the pohcy are avatlable tn the Planning Department The apphcant shall resubdtvtde the property and vacate any tnternal lot hnes as necessary to mcorporate the closed area tnto the addomtngparcels The plat shall be submttted and approved for recordatton prtor to final street closure approval The apphcant shall vertfy that no prlvate uttltttes extst wtthtn the rtght-of-way proposed for closure Prehmmary comments from the utthty compantes tn&cate that there are no prtvate utthttes wtthm the rtght-of-way proposed for closure If prtvate utthttes do extst, easements satisfactory to the utthty company must be provided Closure of the rtght-of-way shall be contingent upon comphance wtth the above stated condtttons within 365 days of approval by Ctty Counctl If the condtttons noted above are not accomphshed and the final plat ts not approved wtthm one year of the Ctty Counctl vote to close the rtght-of-way, thts approval shall be constdered null and votd Voting I 1-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harnson, dr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and Rosemary Wilson Counctl Members Votmg Nay None Council Members Absent None June 11, 2002 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING OF THAT CERTAIN UNIMPROVED PORTION OF FERRY POINT ROAD AS SHOWN ON THAT CERTAIN PLAT ENTITLED. "EXHIBIT SHOWING STREET CLOSURE FOR PORTION OF FERRY POINT ROAD, VIRGINIA BEACH, VIRGINIA" WHEREAS, on June 11,2002, L B.H., a Virginia limited hablhty corporation applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is thejudgrnent of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before June 10, 2003 from City Council's adoption of this ordinance, NOW, THEREFORE, SECTION I BE IT ORDAINED by the Councd of the City of Vlrgima Beach, Vlrgima, that the hereinafter described street be discontinued, closed and vacated, subJect to certmn conditions being met on or before June 10, 2003 All that certain piece or parcel of land s~tuate, lying and being ~n the City of V~rglnla Beach, Virginia, designated and described as "DENOTES AREA OF STREET CLOSURE, TOTAL AREA -- 2,383 SQ FT" shown as the cross-hatched area on that certain plat entitled: "EXHIBIT SHOWING STREET CLOSURE FOR PORTION OF FERRY POINT ROAD, VIRGINIA BEACH, VIRGINIA" Scale 1"=50', dated February 26, 2002, prepared by Sit Improvement Associates, Inc, a copy of which is attached hereto as Exhibit A SECTION II The following conditions must be met on or before June 10, 2003 1 The City Attorney' s Office will make the final determination regarding ownership of the underlying fee The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest ~n Streets Pursuant to Street Closures," approved by City Council Copies of said policy are available in the Planning Department. GPIN 1465-08-6434 2. The applicant shall resubdivide the property and vacate imemal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, the applicant shall provide easements satisfactory to the utility companies. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If all conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the roadway, th~s approval will be considered null and void. SECTION III 1. If the preceding conditions are not fulfilled on or before June 10, 2003, this Ordinance will be deemed null and void without further action by the City Council. 2. If all conditions are met on or before June 10, 2003, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. SECTION IV 3. A certified copy of this Ordinance shall be filed in the Clerk's Office of the C~rcuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor." Adopted by the Council of the City of Virginia Beach, Virginia, on this 11 th day of June, 2002. CA-8442 June 10, 2002 C \Documents and Settlngs\bduke~Local Sethngs\Temp\CA8442 ord wpd '"qPia~n~g Depart[n~ent APPROVED AS TO LEGAI/~I: ICIENCY C~ty Attorney ~ Item VI-I. 3. -47- PLANNING ITEM # 49 775 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Council, MODIFIED condtttons placed on the GENERAL BOOTH STORA GE, INC apphcatton for Condtttonal Use Permtt for mtnt-warehouses approved on October 9, 2001, and, APPROVED a l/artance re subdtvtdtng three lots mto two Appltcatton of General Booth Storage, Inc, a Vtrgtnta corporatton for a Modtficatton of Condtttons placed on the apphcatton for a condtttonal use permtt for mmt-warehouses on October 9, 2001 Property ts located on the west side of General Booth Boulevard, 432 80 feet north of Dam Neck Road DISTRICT 6- BEACH AND, Appeal to Dectstons of Admtntstrattve Officers tn regard to certain elements of the Subdtvtston Ordmance, Subdtvtston for General Booth Storage, Inc , a Vtrgmta corporatton Property ts located on the west stde of General Booth Boulevard, 432 80feet north of Dam Neck Road (GPIN #2415-46-3163, #2415-46-4253, #2415-46-8154, #2415-46-9010) DISTRICT 6- BEA CH The followmg condtttons shall be required, All condtttons wtth the exceptton of Number 5 attached to the Condtttonal Use Permtt granted by the Ctty Counctl on October 9, 200I remain tn effect Condttton Number 5 of the October 9, 2001 Condtttonal Use Permtt ts deleted and replaced wtth the followmg The extsttng property hnes wtthm the stte must be vacated and the property consohdated tnto no more than two (2) parcels A no tngress/egress easement must be dedtcated along the enttre frontage of l54feet along General Booth Boulevard Approprtate tngress/egress, water, sewer and dratnage easements must be provided for both parcels on the final plat There shall be no freestandmg stgn installed on proposed Parcel W-2 A deed restrtctton shall be recorded wtth the Clerk of the Ctrcutt Court forproposed Parcel gF-2 mdtcatmg that there shall be no freestanding stgn located on the parcel To construct a freestandtng stgn on Parcel W-l, the style and destgn of whtch ts descrtbed tn Condttton# 9 of the October 9, 2001, Condtttonal Use Permtt, the apphcant shall obtatn a vartance from the Board of Zoning Appeals dune 11, 2002 - 48- Item VI-I. 3. PLANNING ITEM # 49775 (Continued) Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None June Il, 2002 - 49- Item VI-I. 4. PLANNING ITEM # 49 776 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Cay Councd APPROVED apphcatton of ROBERTE. STEINHILBER for a Vartance of the Subchvtston Ordtnance to meet lot wtdth and street frontage requtrements Appeal to Dectstons of Admtntstrattve Officers tn regard to certam elements of the Subdtvtston Ordtnance, Subdtvtston for Robert E Stetnhdber Property ts located on the west stde of Crags Causeway, 3525 50feet south of Baum Road (GPIN #1387-80-5514) DISTRICT 7- PRINCESS ANNE Vottng I 1-0 (By ConsenO Counctl Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wdson Councd Members Voting Nay None Councd Members Absent None June 11, 2002 Item VI-I.$. - 50- PLANNING ITEM # 49 777 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, Ctty Counctl ADOPTED an Ordtnance upon apphcatton of CHARLIE FALK AUTO WHOLESALER, INC, for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF CHARLIE FALK AUTO WHOLESALER, INC, FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND SERVICE R060231029 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINA Or&nance upon Apphcatton of Charhe Falk Auto Wholesaler, Inc, for a Condttzonal Use Permzt for motor vehtcle sales and service on the south stde of Virginia Beach Boulevard, 100feet east of Groveland Road (GPIN #1487-95-9033, #1497-05-0151) Satdparcel ts located at 3237 Vtrgtnza Beach Boulevard and contazns 1 549 acres DISTRICT 3 - ROSE HALL The followtng condtttons shall be reqmred The stte shall be developed as deptcted on the stte plan entttled, "Condtttonal Use Permtt Stte Plan of 3237 Vtrgtnta Beach Boulevard for Charles E Falk, Sr & Kathryn Falk" dated February 11, 2002 by John E Strme and Assoctates, Ltd Landscaptng shall be provtded as deptcted on the plan Deed restrtcttons shall be recorded with the Clerk of the Circuit Court for both parcels on the subject property (GPINs 1497-05-0151 and 1487-95-9033) tndtcattngthat the condtttonal use permtt for auto sales shall become null and votd and that all buildings shall be revtewed for comphance wtth the Untform Statewtde Butldtng Code tn the event etther parcel ts sold separately to another party The extstzngfreestandtng stgn on the stte shall be etther removed and replaced wtth a monument style stgn or altered to create a monument style szgn All stgnage on the szte must be tn accordance wtth stgn regulattons outhned tn the Ctty Zoning Ordtnance All hghtzng on the property shall be chrected toward the tntertor of the site and away from adjotnmg properttes No addtttonal stte hghttng ts permttted beyond that needed for stte securtty, all of which shall be dtrected tnternally Any new hghttngproposed on the stte shall be subject to approval of the Planmng Dtrector or hts or her destgnee No more than 34 vehzcles for sale are permttted on the property No vehtcles shall be parked wtthtn any portton of the pubhc rtght-of-way or wtthtn the vehtcular entrances to the property Vehtcles for &splay shall be at least ten feet from the rtght-of-way and shall be parked tn the destgnated &splay areas only Vehtcles shall not be dtsplayed on ramps, berms, or other elevating devtces No balloons, banners, pennants or flags, shall be dtsplayed from hght poles or vehtcles 6 No outside storage ofparts, eqmpment, materials or wrecked or tnoperattve vehtcles shall be permttted Vehtcle servtce and repatr shall be hmtted to washtng, detathng, and routine matntenance of vehtcles for sale only All of thts servtce acttvtty shall take place mstde the butldtng June 11, 2002 Item VI-L$. - 51 - PLANNING ITEM # 49777 (Continued) 8 No outstde pagtng system shall be permttted The curb at the back of the property shall be restored and a permanent barrter shall be placed to ehmtnate vehicular traffic from crosstng to the adjacent property at the southwestern corner of the stte IO The fence along the southern property hne shall be repatred and extended tf necessary to create a conttnuous stx foot sohd fence tn accordance wtth Sectton 239(d) of the Ctty Zontng Ordtnance Thts Ordinance shall be effecttve tn accordance with Sectton 107 09 of the Zontng Ordtnance Adopted by the Council of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Eleventh of June, Two Thousand Two Voting l l-O (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr., Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None June 11, 2002 Item VI-L6. - 52 - PLANNING ITEM # 49 778 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Council ADOPTED Ordmance upon apphcatton of Ctty of Vtrgmta Beach, Virgtnta re the City' Comprehenstve Plan amendment to ADD the Shore Drive Corridor Design Guidelines Or&nance to Amend the Comprehenstve Plan by the Incorporatton of the Shore Drtve Corrtdor Destgn Gutdehnes Votzng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None June 11, 2002 Item FI-I. 7. - 53 - PLANNING ITEM # 49 779 The followmg regtstered tn SUPPORT: Attorney Edward Bourdon, Pembroke Office Park, 281 Independence Boulevard, Fifth Floor, Phone 499-8971, advised the plan encompassed a total of 16 lots Davtd S Redmond, 1453 Ewell Road, Phone 464-4114, represented htmself and four netghbors on Ewell Road Betty Rtdgeway, 4205 Ewell Road, Pone 460-0831 Dna Saunders, 4536 Church Potnt Place, Phone 460-0434 Bob Ttetjen, 4205 Sprmgtree Court, Phone 497-7239 Wtlham Wtngfield, 4208 Wakefield Court, Phone 464-4970 Kathy Wdhams, 1600 Keehng Landtng Road, Phone 464-9405, Prestdent- Thoroughgood Ctvtc League, advtsed the Board revtstted the apphcatton re the thru street At thts meettng, 7%favored the cul-du-sac, 16% abstatned and 77%favored the thru street The greatest concern was relattve the lot stze 6% abstatned, 17% agreed to the proposed change tn zomng and 77% were opposed to any lot stze reductton The followtng regtstered tn OPPOSITION: Cheryl Benn, 1377 Dunstan Lane, Phone 363-7265 Johanna Kralowetz, 1404 Dunstan CtrcIe, Phone 464-6384 Upon motton by Counctlman clones, seconded by Vtce Mayor Sessoms, Ctty Counctl ADOPTED Ordtnance upon apphcatton of CHARLES F. BOWDEN for a Change of Zontng ORDINANCE UPON APPLICA TION OF CHARLES F BO WDEN FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-30 TO CONDITIONAL R-20 Z06021220 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Apphcatton of Charles F Bowden for a Change of Zontng Dtstrtct CIasst_l~catton from R-30 Restdenttal Dtstrtct to CondtttonaI R-20 Restdenttal Dtstrtct on certatn property located on the west stde of Wakefield Drtve, south of Delray Drtve on Parcel A, Sectton 8, Part 4, Thoroughgood (GPIN #1479-60-5795) DISTRICT 4 - BAYSIDE The followtng conchtton shall be requtred 1 An Agreement encompassmgproffers shall be recorded with the Clerk of Ctrcutt Court Thts Ordtnance shall be effecttve tn accordance wtth Section 107 09 of the Zomng Ordtnance Adopted by the Counctl of the Ctty of Vtrgmta Beach, Vtrgtnta, on the Eleventh of June, Two Thousand Two June 11, 2002 Item Vid. 7. - 54- PLANNING ITEM # 49 779 (Continued) Vottng 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R dones, Reba S McClanan, Robert C Man&go, dr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and Rosemary Wtlson Counctl Members Vottng Nay None Councd Members Absent None June 11, 2002 Item VI-I. 8. - 55 - PLANNING ITEM # 49 780 Attorney Edward Bourdon, Pembroke Office Park, 281 Independence Boulevard, Ftfth Floor, Phone 499-8971, represented the apphcant Upon motion by Councd Lady Eure, seconded by Vtce Mayor Sessoms, Ctty Councd ADOPTED Ordtnance upon apphcatton of SUDHAKAR J. LA VINGIAfor a Change of Zoning ORDINANCE UPON APPLICA TION OF SUDHAKAR J LA VINGIA FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-10 TO PD-H2 (PLANNED UNIT DEVELOPMENT) Z06021221 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Sudhakar J Lavtngta for a Change of Zomng Dtstrtct Classtficatton from R-10 Restdenttal Dtstrtct to PD-H2 (Planned Untt DevelopmenO, R-I 0 Restdenttal Dtstrtct on the north stde of Stumpy Lake Lane, 130 feet more or less east of Gatnes Mtll Drtve (GPIN #1474-38-9439, #1474-38-4491) The proposed zoning classtficatton change to PD-H2 (Planned Umt Development), R-lO Restdenttal Dtstrtct ts for stngle famtly restdenttal land use on lots at least 6, 000 square feet per dwelhng untt The Comprehenstve Plan recommends use of thts parcel for restdenttal use at denstttes that are compattble wtth stngle famdy use tn accordance wtth other Plan pohctes Satd parcel contatns approxtmately 3 9 acres DISTRICT 1 - CENTER V[LLE Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance Adopted by the Councd of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Eleventh of June, Two Thousand Two Vottng 9-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wdson Councd Members Vottng Nay None Counctl Members Abstatntng Wtlham W Harrtson, Jr Councd Members Absent Barbara M Henley Councdman Harrtson ABSTAINED as hts law firm represented the apphcant June 11, 2002 - 56- Item VI-K 1 APPOINTMENTS ITEM # 49 781 BY CONSENSUS, Ctty Council RESCHEDULED APPOINTMENTS: BEACHES AND WA TER WA YS COMMISSION HAMPTON ROADS PLANNING DISTRICT COMMISSION MINORITY BUSINESS CO UNCIL SHORE DRIVE AD VISOR Y COMMITTEE SOCIAL SER VICES BOARD SPOR TS AUTHORITY OF HAMPTON ROADS TIDEWATER COMMUNITY COLLEGE BOARD TIDEWATER TRANSPOR TA TION DISTRICT COMMISSION June 11, 2002 -57- Item VI-M. 1. NE W BUSINESS ITEM # 49 782 B Y CONSENSUS CITY CLERK TO RECORD ABSTRACT OF CIVIL CASES RESOLVED- May 2002 dune 11, 2002 - 58- CITY MANAGER'S BRIEFING PRINCESS ANNE COMMONS BALLFIELDS RELOCATION ITEM # 49783 Steven T Thompson, Chtef Fmanctal Officer, advtsed the Princess Anne Ballfields relocatton, ts the culmmatton of several years of work For the past four years, relocatton of the ballfields has been tdenttfied as an tssue crtttcal to thts Corrtdor and to the Commons As a result of Ctty Counctl's dtscusstons and those wtth the Communtty groups, proposals for relocatton of these ballfields have been requested These proposals should outhne the sale of the land and how energy wtth excttement could be added throughout thts sectton of the Ctty The Map, prepared by Sentara, deptcts a number of facthttes tn the area and the City wtshes to have synergy and energy for each of these facthttes wtth thts development In addttton to obtatntngfundtng tn advance, an adequate ttme to construct new and more tmproved ballfields, other ttems are necessary, t e htgh quahtyjobs, addressmg the tssue of sound attenuatton and traffic concerns Destgn gutdehnes have been adopted by the Ctty Counctl Guarantees are necessary to protect the communtty's interest A proposal has been recetved that meets all the tdenttfied needs and more Thts proposal mcludes development of the Health Campus by Sentara, wtth stte tmprovements of $130-MILLION over 4phases Jack Whttney, Dtrector of Agrtculture, Co-Chatr -Prtncess Anne Ballfields Relocatton Project, advtsed thts project ts a testament to a vtston and hard work over a number of years Prmcess Anne Commons (formerly Lake Rtdge) ts a spectal place tn Vtrgtnta Beach HisWry January 1995 Ctty Counctl dtrected the Planntng Department to proceed wtth Lake Rtdge Property Plan development May 1997: Prtncess Anne Corrtdor Plan produced July 1998 Prehmtnary Master Plan for relocated Prtncess Anne Park June 2001 Prtnces Anne Commons Athlettc Vtllage Pohcy Report November 2001 Ctty Counctl estabhshed gmdehnes and Prmcess Anne Ballfield Relocatton Advtsory Commtttee (PABRAC) conststed of thtrteen (I3) members representtng the various stakeholders wtthtn Prmcess Anne Commons and the surroundmg communtttes O e representattves from the Counctl of Ctvtc Orgamzattons, surroundmg CtVlC leagues, restdents, Amphttheater, Ttdewater Communtty College, etc ) Thts Commtttee met four times Importance of pubhc tnput/&alogue Needs to be a commumty benefit Needs to be an tnclustve, fatr and open process RFT needed - no less than 120 days Needs to create a sound financtal package wtth long term revenue stream assurances Ctty needs to receive fart market value Umnterrupted avatlabthty of the ballfields Ctty needs overall archttectural revtew December 2001 Pubhc Meettngs held January 11, 2001: Counctl accepted the recommended actton by the PABRAC to authortze ctty staff to proceed wtth a Request for Proposal (RFP) process This support was condtttoned upon certain items which must be part of thts RFP process One of the most mnovattve condtttons of the RFP was that the successful proposal must assure and accommodate the untnterrupted utthzatton and play of ballfields tn the area June 11, 2002 ~ 59- CITY MANAGER'S BRIEFING PRINCESS ANNE COMMONS BALLFIELDS RELOCATION ITEM # 49 783 (Continued) Mr Whitney advised the vision of Princess Anne Commons ts a place to live learn, work and play This was commumcated very clearly tn the Request for Proposal The proposal recetved ts structured around these community prtnctpals Sara Hensley, Dtrector of Parks and Recreatton, Co-Chart - Prmcess Anne Ballfields Relocatton Project, advtsed the Evaluatton Crtterta ts the degree to which the proposed uses meet the CttF ~ development requtrements, objectives and con&ttons in relation to the "Princess Anne Corridor Study, "the "Destgn Gmdehnes for Prtncess Anne Commons" and compattbzhty with other venues wtthm the Commons EVAL UA TION A GREAT PLA CE TO LEARN Enrichment of Academic Corridor Health Careers tratntng ground Me&cai transport hfe-savtng sktlls tratmng Access to htghly tramed doctors and staff Health education for the entire community Health screemngs Phys~czan lectures Support groups Mint-me&cai schools A GREAT PLACE TO WORK Employment producer ProJected jobs for 1650 employees and phystctans Average annual salad, of $83, 000 upon completton of project Magnet for technology -based businesses Me&cai and technologtcal businesses that partner with Sentara wtll brtng htgh level jobs Economic boost Exctttng retatl and restdenttal prosper as a result of Sentara's development and purchasmg power of staff and phystctans Attract btome&caI and techmcaI firms, highly educated phystctans and other health care spectahsts Enhancement of property values Aesthettcally beauttful, commumty-frtendly settmg Pedestrtan connecttvtty to netghbortng areas June 11, 2002 - 60 - CITY MANAGER'S BRIEFING PRINCESS ANNE COMMONS BALLFIELDS RELOCATION ITEM # 49 783 (Continued) A GREAT PLA CE TO LIVE The opportunity to save and improve lives Easdy accesstble urgent care and a comprehenstve emergency center Hehport for Ntghttngale att ambulance Health care services close to home Prtmary care phystctans Comprehenstve Chddren's servtces provtded by Chtldren's Hospttal of the Krug's Daughters Surgtcal spectahttes Spectahsts phystctans Advanced Tratntng Center Ambulatory Surgery Technology - advanced I 20-bed hospital Life enriching services Comprehenstve YMCA Famtly Wellness and Fttness Center Advanced Sports Training A GREAT PLA CE TO PLA Y A boost for family recreation YMCA Famdy Wellness and Fttness Center After school programs Summer camps Exerctse classes Walktng, runntng and btke paths Enrichment of athletic corridor Conventent access to doctors and emergency care tn the event of an acctdent or mjury Advanced Sports Tramtng Program Sports medtctne phystctans Comprehenstve rehabthtatton servtces EVAL UA TION Opportunity to further the design and functional integrity of the "Community for a Lifetime" concept Complementary style of the archttecture used throughout the cormdor Venue treatment, signs, hghttng landscaptng streetscape conststent wtth Prtncess Anne Commons Destgn Gutdehnes Campus style destgn centered on an open green Ltnkage from walktng trads wtth opportuntttes to access adjacent sttes Spectal emphasts on landscapmg ~lune 11, 2002 - 61 - CITY MANAGER'S BRIEFING PRINCESS ANNE COMMONS BALLFIELDS RELOCATION ITEM # 49783 (Continued) The financtal evaluatton crtterta emphastzed the need toproject an tncrease tn the City's tax base, economtc output and employment opportuntttes PROPOSAL/FINANCIAL E VAL UA TION Employment opportunities/employment and income impact Total projected employees and phystctans Average compensatton 1,650 $83,000 Economic output Increase in the City's tax base Total dtrect $9.4-MILLION tn taxes over twenty years Financial offer for land $11,750,000 in cash for 69 2 acres of land and 3 acres for Recreatcon Drove (road closure requtred) Ms Hensley advised the $II, 750,000 ts for the cnfrastructure and other amentttes, not just the ballfields (water, sewer, ptcncc area, a small theatre sttttng area, walkcngpaths, stdewalks, landscapcng, ltghtcng, etc , rest room facthttes, concesston stands, etc ) Thcs ts not just for etght (8)fields Mr Thompson advcsed thts ts actually two complexes a major health campus and a major sports complex S CHED ULING Sentara wtll purchase proposed parcel but well not take possesscon of the property for two years from date of land closmg whtle Ctty completes Princess Anne Ballfields Development to be done tn four phases Phase I Phase H Phase III Phase IV Family Wellness Center Two Medical Ofice Buildings Two Medical Office Buildings Imagining Center Day Surgery 120-Bed Hospital Medical Office Building Hospital Expansion The Ctty Manager advtsed the real benefit of thts proposal ts the servtces ct well provtde to the community Detacls of thts presentatton wtll be posted on the Coty's webscte www vbgov corn BY CONSENSUS, a Pubhc Hearcng re the sale of 69 196 acres of Ctty owned property at Prtncess Anne Commons shall be scheduled for the addmonal City Council Sesscon of June 18, 2002, at 6 O0 P M These documents for actton shall be scheduled for the Ctty Counctl Sesston of June 25, 2002 June 11, 2002 Item VI-N. 1. ITEM # 49 784 AD JO URNMENT Vtce Mayor Wtlham D Sessoms, Jr, DECLARED the Ctty Councd Meettng ADJOURNED at 9:24 P.M. Chtef Deputy Ctty Clerk Wdham D Sessoms, Jr Vtce Mayor Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtma Beach Vtrgtnta dune 11, 2002