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Home My WebLink AboutAPRIL 26, 2005 MINUTES CITY OF VIRGINIA BEACH COMMUNITY FOR A LIFETIME MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DlEZEL Kempsville - District 2 ROBERT M DYER, Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, ViRGiNiA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E-MAiL: Ctycncl@vbgov.com CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESUE L. LILLEY CITY CLERK - RUTH HODGES SMITH, MMC 26 April 2005 I. CITY MANAGER'S BRIEFINGS - Conference Room - 12:JlP.Ml A. WORKFORCE and AFFORDABLE HOUSING NEEDS ASSESSMENT Andrew Friedman, Director - Housing and Neighborhood Preservation B. CODE ENFORCEMENT RENTAL INSPECTION PROGRAM Andrew Friedman, Director - Housing and Neighborhood Preservation C. JOINT LAND USE STUDY (JLUS) Robert Scott, Director - Planning II. BUDGET WORKSHOP - Conference Room - 3:00 PM A. ECONOMIC VITALITY B. CULTURAL and RECREATIONAL OPPORTUNITIES C. F AMIL Y and YOUTH OPPORTUNITIES III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. . INVOCATION: Reverend Charles H. Williams Pastor, Morning Star Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS April 12,2005 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. THOROUGHGOOD HOUSE Preservation Easement at 1636 Parish Road 2. OPERATING BUDGET re EFFECTIVE TAX RATE I. CONSENT AGENDA J. ORDINANCES 1. Ordinance to AMEND the City Code SS 1-2,6-3,6-30,6-114 and 31-28 re the term "Resort Season", incorporate the term in certain ordinances and amend provisions ofthe City Code re prohibited beach activities during the Resort Season. 2. Ordinance to TRANSFER $335,000 from the FY 2004-2005 Operating Budget of the Department of Human Services and $100,000 from the Reserve for Contingencies-Juvenile Detention to the FY 2004-2005 Operating Budget of the Department of Juvenile Probation re Less Secure Detention Services. 3. Ordinance to AUTHORIZE acquisition of property in fee simple for the right-or-way for the Seaboard Road project and the acquisition oftemporary and permanent easements, either by agreement or condemnation. 4. Ordinance to AUTHORIZE a temporary encroachment into a portion ofthe right-of way at Princess Anne Road and Nimmo Parkway by COURTHOUSE MARKETPLACE, LLC to construct and maintain a monument sign. K. PLANNING 1. Application of VICTORY CHAPEL for the Modification of Condition No.3 on a Conditional Use Permit re a nonconforming sign approved by City Council on August 12, 2003 at 6644 Indian River Road. (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: DENIAL 2. Application ofCSM, L.L.c. for a Change of Zoning District Classificationjrom A-i8 Apartment District to R-5S Residential Single Family District at Rosemont Road and Bancroft Drive. (DISTRICT 3 - ROSE HALL) RECOMMENDATION: INDEFINITE DEFERRAL 3. Application of BAY BREEZE CONDOMINIUMS, INC. for the discontinuance, closure and abandonment of a portion of Summerville Court. (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL L. APPOINTMENTS COMMUNITY POLICY AND MANAGEMENT TEAM - CSA AT RISK COMMUNITY SERVICES BOARD FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL OPEN SPACE SUBCOMMITTEE PARKS AND RECREATION COMMISSION PERFORMING ARTS THEATRE ADVISORY COMMITTEE PERSONNEL BOARD THE PLANNING COUNCIL SHORE DRIVE COMMITTEE TIDEWATER TRANSPORTATION DISTRICT COMMISSION TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ******* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: VIRGINIA RELAY at 1-800-828-1120 ********** EVENT Reconciliation Workshop Adoption of FY 2005-2006 Resource Management Plan 2005-2006 RESOURCE MANAGEMENT PLAN SCHEDULE TOPIC LOCATION Council Conference Room City Council Vote on Resource Council Chamber Management Plan DATE May 3, 2005 May 10, 2005 6:00 PM Agenda 04/26/05 sib www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 26 April 2005 Mayor Meyera E. Oberndorf called to order the City Manager's Briefing re WORKFORCE and AFFORDABLE HOUSING NEEDS ASSESSMENT in the Council Conference Room, City Hall, on Tuesday, April 26, 2005, at 12:30 PM Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt and Rosemary Wilson Council Members Absent: James L. Wood [Entered: 12:55 PM, assisting Father home from surgery} Ron A. Villanueva [Entered: 6:00 PM. Formal Session, returning from Quantico} - 2- MAYOR'S CONCERNS ITEM # 53829 12:30 P.M. Mayor Oberndorf referenced the invitation to accompany Empower Hampton Roads to attend the Inclusionary Zoning Workshop in Fairfax, Virginia (May 16 through May 17, 2005). Tim McCarthy, representing Empower Hampton Roads, advised two of their members hadpreviously toured and heard the fifteen (I5)- year experience of Fairfax relative Inclusionary Zoning. They advised this workshop was an extraordinary event, Mr. Friedman, Director - Housing and Neighborhood Preservation, and Mr, McCarthy, representing Empower Hampton Roads, have scheduled a flight on Monday, May 16, 2005, leaving at 5:30 P.M, and arriving at 6:30 P.M. at Dulles Airport. On May 17,2005, the bus trip starts at 8:00 A,M and concludes at 2:00 P,M They will be attend the Workshop, BY CONSENSUS, Mayor Oberndorf and Councilman Dyer will attend. Vice Mayor Jones will Chair the City Council Workshop on May 17,2005. April 26, 2005 - 3 - CITY MANA GER 'S BRIEFING WORKFORCE and AFFORDABLE HOUSING NEEDS ASSESSMENT ITEM # 53830 12:30 P.M. Andrew Friedman, Director of Housing and Neighborhood Preservation, , distributed the "final draft" of the Housing Needs Assessment and Market Analysis, prepared for the City by the Center for Housing Research, Virginia Tech, Blacksburg, Virginia. Mr. Friedman introduced Dr. C. Theodore Koebel, author of the study. Dr. Koebel advised this study is a comprehensive assessment of affordable housing demand and needs of the City. This assessment reviewed the most recent demographic and housing data available, evaluated past trends and projected housing demand. Mr, Friedman advised this Briefing is the first of two (2) parts, The first part will encompass housing costs and values, housing needs and resources of our residents, market conditions and the gaps between needs and market conditions. The second part, scheduled for a future City Council Session, will encompass wages, household composition, commuting and migration, trends in households and population, as well as policy issues and work in progress, Mr. Friedman recognized the other members involved in this Study: Ragaei Abdelfattah Marilyn S. Cavell Amy E. Crum Joanna M Paulson Mr. Friedman displayed a table from the current Real Estate Assessor's report: Housing by Assessed Value Assessed Value Percent of Homes Under $100,000 14% $100,000 to $150,000 $150,000 to $200,000 $200,000 to $250,000 27% 21% 13% Subtotal under $250,000 75% A chart entitled: Trends in Assessed Value and Income, indicated housing prices increasing while incomes are barely increasing. This is indication of a future problem, if not a present one. Virginia Beach owners hip market has a very low vacancy rate (0,2%) compared to the State and the Nation. This indicates many more buyers than sellers, which drives the prices up, April 26, 2005 - 4 - CITY MANA GER 'S BRIEFING WORKFORCE and AFFORDABLE HOUSING NEEDS ASSESSMENT ITEM # 53830 (Continued) Worst case housing is defined as "households with incomes less than 50% of the Area Median Family income that have one or more of the following conditions: Pay 'half or more of their income for housing, have zero income Occupy units with incomplete plumbingfacilities or are overcrowded (1.51 + persons per room), " Any of these conditions qualifies a household as having a worst case housing need. The Chart entitled "Top Ten Owner-Occupied Worst Case Housing Needs in Virginia" depicts Virginia Beach as ranked Second with 4,730 units. Conclusions: Owner Occupied Housing Although there is a large stock of housing that is potentially affordable, it is: Not available because of the extremely low vacancy rate, due to the imbalance between supply and demand Not available to low/moderate income households because about three- quarters of the affordable owner-occupied units were occupied by higher income owners There is a significant number of existing owner occupants who are experiencingfinancial burdens in order to afford their current housing Owner Occupied Housing by Occupancy Renter Occupied 69,2% - 112,330 30.8% - 49,997 Renter vacancy rates are very low and in 2003 were 2,5%. The Tidewater Multifamily Housing Counsel Survey indicated the vacancy rate for Virginia Beach was reaching 1% in August 2004, thus a very small supply with a huge demand. The Median gross rent increasedfrom $734 in 2000 to $804 in 2003. Virginia Tech has estimated that in 2000, about 'half of the affordable rental units were occupied by higher income renters. This translates into a gap of 8,000 units of affordable rental housing. This problem is expected to continue and worsen due to continued low vacancy rates and demand for rental housing. In 2003, 18.3% (or 9,000 households) of the Virginia Beach renters were paying more than 50% of their income. Virginia Beach is ranked Fifth with 7,195 households of the Top 10 Renter Occupied Worst Case Housing Needs in Virginia. Conclusions: Rental Housing There is a deficit of rental housing affordable to households earning less than 50% of median income There is an overall deficit in rental units as compared to demand Some current renter households are experiencing severe financial stress affording the housing they occupy Dr, Koebel believes military stipends for housing "lag" costs of housing rather than "lead". April 26, 2005 -5- CITY MANA GER 'S BRIEFING CODE ENFORCEMENT RENTAL INSPECTION PROGRAM 1:20 P.M. ITEM # 53831 Andrew Friedman, Director - Housing and Neighborhood Preservation, advised in the General Assembly 2004 Session, legislation was proposed to change the existing state law regarding rental inspections. The goal was to adjust the City's program to State legislation taking effect July 1, 2005, while preserving the ability to ensure decent and safe rental housing and prevent blight. Lynn Rountree, Code Enforcement Supervisor, has been the lead re developing changes to the Rental Inspection Program. New State Requirements take effect on July 1, 2005 Changes what localities must do to operate a Rental Inspection program Requires the local governing body to declare Rental Inspection Districts Extends the time given of "exemptions" and expands the types of properties that can get an exemption City Council must make the following findings in order to declare Rental Inspection Districts: There is a need to protect the public health, safety and welfare of the occupants of dwelling units inside the designated Rental Inspection District The residential rental dwelling units within the designated Rental Inspection District are either (a) blighted or in the process of deteriorating, or (b) the residential rental dwelling units are in the need of inspection by the building department to prevent deterioration, taking into account the number, age and condition of residential dwelling rental units inside the proposed Rental Inspection District The inspection of residential rental dwelling units inside the proposed Rental Inspection District is necessary to maintain safe, decent and sanitary living conditions for tenants an other residents living in the proposed Rental Inspection District City Council authorized a Rental Inspection Program in 1989. Since then, areas subject to rental inspection have been expanded by authority of the City Manager. Mr, Friedman displayed a map depicting these areas. Currently, approximately 3, 600 rental inspections are conducted annually. The new State Legislation passed in 2004 requires compliance by July 1, 2005. April 26, 2005 - 6- CITY MANA GER 'S BRIEFING CODE ENFORCEMENT RENTAL INSPECTION PROGRAM ITEM # 53831 (Continued) Current versus Proposed Program Current Program Proposed Program 134 Block Groups 106 Block Groups 31,990 Rental Units (estimated) 28,.926 rental units (estimated) Inspect upon a change of occupancy/not more Inspect upon declaration of eligible area and not than once/year more than once/year 2-year exemption only to professionally managed 4-year exemption to any units (regardless of how complexes based on sample inspection managed) that pass initial inspection City Manager declares eligible areas City Council declares eligible areas or properties Fees are not charged Fees are chargedfor the secondfollow-up inspection and all subsequent ones Items Common to Both Programs Certificates of Compliance are issued upon a successful inspection Temporary certificates of occupancy are issued for minor violations, subject to correction by a defined date Occupancy of unsafe units is prohibited How Areas Were Selected Designation of Rental Inspection Districts must be in accordance with the three (3) state criteria reviewed earlier We have chosen to designate census "block groups ", which are smaller than census tracts, in order to allow more narrow targeting of appropriate areas We started with the areas currently designated for rental inspections to determine if they meet the state criteria. The information used to decide on what Districts to propose: Exterior housing condition - non-standard housing greater than 25% Code enforcement statistics The City Staff further selected Districts based on: Percent of property in the District that is rental Districts that are adjacent to selected Districts and have a higher percentage of non-standards and/or rental property April 26, 2005 - 7 - CITY MANA GER 'S BRIEFING CODE ENFORCEMENT RENTAL INSPECTION PROGRAM ITEM # 53831 (Continued) The Staff presented the proposed program to: Tidewater Builders Association - Multifamily Housing Council Hampton Roads Realtors Association - Property Management Institute for Real Estate Management Next Steps City Council provides feedback on proposed program today and in the following weeks City staff prepares a final ordinance for adoption in May Conduct public information campaign in June Implement the new program in July, including additional public notification A reduced readable map of the areas, subject to rental inspections shall be provided to City Council, Robert Matthias, Assistant to the City Manager, advised Former Delegate Chip Dicks was the Patron of these new State requirements. These requirements evolved as there were a number of localities, primarily college towns, illegally chargingfees for home inspections and other items under which these localities had no authority. April 26, 2005 -8- CITY MANA GER 'S BRIEFING JOINT LAND USE PLAN (JLUS) 1 :40 P.M. ITEM # 53832 The City Manager advised the Joint Land Use Study (JLUS) Regional Policy Committee voted on April 21, 2005, to endorse the Joint Land Use Study Final Document. Robert J. Scott, Director of Planning, distributed the document and reviewed the timeline: TIMETABLE PAST AND FUTURE Past Sessions: 08/23/94 City amends Zoning Ordinance to include AICUZ provisions 12/19/02 Operational Navigation Instruction (OPNA V) released by Department of Defense 02/25/03 City Council adopts TATAC (Transition Area Technical Advisory Committee) Recommendations 12/02/03 Virginia Beach Comprehensive Plan adopted 01/06/04 City commits to participate in the Joint Land Use Study 06/04 through 03/2005 JLUS Meetings, Workshops and Open Houses are held 04/05/05 City Council provides direction to the JLUS Policy Committee Liaisons 04/21/05 Regional JLUS Policy Committee endorses final JLUS document 04/26/05 City Council Briefing on JLUS 05/03/05 City Council Public Hearing on JLUS 05/10/05 City Council consider vote on JLUS Following adoption of JLUS, begin City process on Comprehensive Plan changes and creation of an AICUZ overlay district Summary of the "Statement of Understanding" between the City of Virginia Beach and the United States Navy AICUZ Review Processes The City will create a new process for Navy officials to review and comment earlier in the process on all proposed development that might encroach on NAS Oceana The City will ask any person or organization proposing development that might be incompatible with the Navy's Air Installations Compatible Use Zones (AICUZ) to meet with Navy officials to discuss alternatives April 26, 2005 - 9- CITY MANAGER'S BRIEFING JOINT LAND USE PLAN (JLUS) ITEM # 53832 (Continued) Summary of the "Statement of Understanding" between the City of Virginia Beach and the United States Navy (Continued) Zoning Ordinance Changes The City will adopt an AICUZ Overlay Ordinance in all noise zones greater than 65 dB DNL to help prevent encroachment at NAS Oceana, The City will consider fundamental changes in the zoning ordinance to substantially reduce the number of residential units allowed by current zoning in the Resort Area. The City recognizes the importance of NAS Oceana's Interfacility Traffic Area in the City's Transition Area by: Retaining agricultural zoning of one residential lot per 15 acres in the highest noise zone, 75 dB DNL and above. Amend the Comp Plan to retain residential density not to exceed one dwelling per five acres in the 70-75 dB DNL noise zone, as allowed by a conditional use permit. Limit density to one dwelling per acre in the 65-70 dB DNL noise zone Councilman Reeve believes the second bullet should be amended: "Amend the Comp Plan to retain agricultural zoning , eJ ide,ttiaf zoning not to exceed one dwelling per five acres in the 70-75 dB DNL noise zone, as allowed by a conditional use permit. Sound Attenuation & Disclosures Based on legislation passed by the General Assembly at the request of the City, sound attenuation laws will be expanded to certain non- residential uses. Based on legislation passed by the General Assembly at the request of the City, disclosures of noise and/or accident potential zones will be improved for the sale or lease of residential units. The City will initiate a working group with NAS Oceana to work with the Virginia Real Estate Board to review, and possibly revise, all disclosures currently in use for noise and/or accident potential zones and determine where disclosures might be needed where none are used now. April 26, 2005 - 10- CITY MANAGER'S BRIEFING JOINT LAND USE PLAN (JLUS) ITEM # 53832 (Continued) Strengthened Working Relationship The City recognizes the Navy's significant concern about the impact of future development on transportation needs by agreeing to keep the Navy effectively involved in such planning processes. The City will continue to include the Navy as a vital stakeholder in revising the Oceanfront Resort Area Concept Plan, The City will strengthen its working relationship with the Navy and create an ongoing, open dialogue to address the Navy's concerns about potential encroachment at NAS Oceana, Proposed Frameworkfor the AICUZ OVERLAY ORDINANCE General Considerations An AICUZ Overlay District" is to be established. The District will include all areas within the City except the < 65 dB DNL Noise Zone. The ordinance WILL NOT restrict the uses of property in the 65-70 dB DNL Noise Zone. The ordinance WILL NOT restrict the uses of property that are allowed by right per the CZo. HOWEVER: Sound attenuation will be required everywhere in the AICUZ Overlay District, (i,e., in all Noise Zones >65 dB DNL) for ALL residential development and for non-residential uses within the following use groups: Assembly (churches, movie theaters, bars restaurants, bowling alleys, etc); Business (banks, barber shops, car showrooms, professional offices, etc); Educational (schools through 12th grade); Institutional (hospitals, day care, nursing homes, etc); and Mercantile (department stores, drug stores, grocery stores, etc) The restrictions WILL apply to development that requires approval by the City Council (i.e., rezonings & conditional use permits) in the 70-75 DNL Noise Zones and > 75 dB DNL Noise Zones April 26, 2005 - 11 - CITY MANA GER 'S BRIEFING JOINT LAND USE PLAN (JLUS) ITEM # 53832 (Continued) Mr, Scott displayed the 1999 AICUZ Map. All colored areas will be affected by the AICUZ Overlay District. The area depicted in green (65 - 70 dB), will not be affected by the land use portion described, but would be affected by the disclosure and sound attenuation elements. The other colored areas would reflect significant land use impacts. Mr. Scott also displayed an excerpt from the OPNA V Instructions 11010.3 6B (portion of Table 2), In the 70 -75 dB DNL Noise Zones Discretionary development (i. e" needing a rezoning or conditional use permit) may be allowed only if: It is compatible or conditionally compatible with the AICUZ recommendations in Table 2 (noise zones) and/or Table 3 (APZs) ofOPNA V Instructions 11010.36B; or If not compatible or conditionally compatible, such development will be allowed only if the City Council makes a finding that no other reasonable development options that are compatible with the OPNAV Instructions 11010.36B recommendations in Table 2 and/or Table 3 exist. In such cases, development must be at the lowest reasonable density or intensity, as determined by the City Council. Special Area: Interfacility Traffic Area (Western Portion of the Transition Area) 65-70 dB DNL Noise Zone: Current zoning and Comprehensive Plan provisions retained; 70-75 dB DNL Noise Zone: Residential development requiring City Council approval, i,e., rezoning (or by CUP) allowed at a density no greater than one (1) dwelling unit per five (5) acres of developable land. >75 dB DNL Noise Zone: Residential development limited to one (1) dwelling unit per fifteen (I 5) acres of developable land unless the City Council determines that such density is unreasonable and that no other use (non-residential) is reasonable, In such a case, allowed density would be the minimum reasonable density. Where the subject property lies within more than one Noise Zone, dwelling units must be located in lower Noise Zones if practicable. April 26, 2005 -12 - CITY MANA GER 'S BRIEFING JOINT LAND USE PLAN (JLUS) ITEM # 53832 (Continued) Special Area: Resort Area The total number of residential units will not exceed the aggregate number of units allowed under current zoning. The City will endeavor to work with all stakeholders to reduce the number of residential units significantly below that number through zoning ordinance amendments. The Navy shall be among the stakeholders involved in the revision of the Oceanfront Resort Area Concept Plan dated June 28, 1994, Councilman Reeve referenced page 5-18 of the Final Hampton Roads Joint Land Use Study Report re establish an avigation easement program. The City of Virginia Beach would establish an avigation easement program in noise and safety affected areas. The program would protect air rights and be available as a voluntary option to developers during proffer or other special permitting processes for properties being considered for development in the AICUZ. Appendix 3 of said report provides a sample easement that was developed for properties around NAS Pensacola, The Avigation Easement is considered a part of the Overlay Ordinance, The City Attorney advised if this avigation easement program is considered, there would be extensive discussion, This would be more ideal with a huge track of land as if the whole Interfacility Traffic Area was undeveloped and one developer then came in to develop and wis hed to place something of this nature on the whole track of land. This is an educational and notice tool. April 26, 2005 -13 - AGE N DA REV IE W S E S S ION 2:40 P.M. ITEM # 53833 Councilman Wood requested the items for the Consent Agenda be MOVED ahead of the Public Hearings. ITEM # 53834 Ordinance to AMEND the City Code ~~ 1-2,6-3,6-30,6-114 and 31- 28 re the term "Resort Season ", incorporate the term in certain ordinances and amend provisions of the City Code re prohibited beach activities during the Resort Season. Mike Eason, Resort Services Co-ordinator - Convention and Visitors Bureau, clarified some of the concerns of City Council, The existing ordinance states "no ball playing on the beach between Memorial Day and Labor Day". The proposed ordinance defines the Resort Season as the time beginning May 1 and ending September 30, 2005 of each year. The staff is proposing the prohibition of ball playing be addressed only on the boardwalk and in the area from the water's edge to the lifeguard station. This particular area is very congested. The area between the boardwalk behind the lifeguard stands is approximately 250 feet and has more than ample room to play ball. The other area of concern wasfishing, primarily surf casting, from the beach extending the prohibition between the hours of 10:00 A.M. and 4:00 P.M. weekdays and 10:00 A,M, and 6:00 P.M. weekends. September is a busy time and the interface of hooks, sinkers and children is not a good mixture, The other restrictions re boat and kayak launching, which are allowed on the north end of the Beach, are not encouraged. The existing ordinance states the trash cans can only be placed on the streets between 6:00 A.M. and 10:00 A.M. between Memorial Day and Labor Day, The City is proposing to extend this prohibition an additional month in the Spring and Fall. The City is becoming a year 'round destination, ITEM # 53835 J2, Ordinance to TRANSFER $335,000 from the FY 2004- 2005 Operating Budget of the Department of Human Services and $100,000 from the Reserve for Contingencies-Juvenile Detention to the FY 2004-2005 Operating Budget of the Department of Juvenile Probation re Less Secure Detention Services, Vice Mayor Jones expressed concern re the transfer of $335,000, Terry Jenkins, Director of Human Services, advised the Detention Center did not open until the Fall; therefore, there were revenue lapses. This funding is a transfer from the Juvenile Detention Center to the Court Services Unit. Mr, Bright advised this transfer would enable the children in the Detention Center to be moved out and placed under supervision in Home Detention. Instead of spending $140 per day, only $41 per day should be expended. Some of the children, who cannot be detained according to State Standards on certain violations, can receive intensive supervision with electronic monitoring at home, thus not being a continued risk to the community, Council Lady McClanan expressed concern as the parents are not assisting with the payment of detention, April 26, 2005 - 14 - AGENDA RE VIE W SESSION ITEM # 53836 BY CON!:J"'ENSUS, the following shall compose the CONSENT AGENDA: ORDINANCES J1. Ordinance to AMEND the City Code991-2, 6-3, 6-30,6- 114 and 31-28 re the term "Resort Season ", incorporate the term in certain ordinances and amend provisions of the City Code re prohibited beach activities during the Resort Season, J2. Ordinance to TRANSFER $335,000 from the FY 2004- 2005 Operating Budget of the Department of Human Services and $100,000 from the Reserve for Contingencies-Juvenile Detention to the FY 2004-2005 Operating Budget of the Department of Juvenile Probation re Less Secure Detention Services. J3, Ordinance to A UTHORIZE acquisition of property infee simple for the right-or-way for the Seaboard Road project and the acquisition of temporary and permanent easements, either by agreement or condemnation. J4, Ordinance to AUTHORIZE a temporary encroachment into a portion of the right-of way at Princess Anne Road and Nimmo Parkway by COURTHOUSE MARKETPLACE, LLC to construct and maintain a monument sign. Council Lady McClanan shall vote a VERBAL NAY on Item J4, April 26, 2005 -15 - AGE N DA REV IE W S E S S ION ITEM # 53837 BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA: PLANNING 1.1, Application of VICTORY CHAPEL for the Modification of Condition No.3 on a Conditional Use Permit re a nonconforming sign approved by City Council on August 12, 2003 at 6644 Indian River Road. (DISTRICT 2 - KEMPSVILLE) 1.2. Application of CSM, L.L. C. for a Chanrze of Zoninrz District Classification from A-18 Apartment District to R- 5S Residential Single Family District at Rosemont Road and Bancroft Drive. (DISTRICT 3 - ROSE HALL) 1.3, Application of BAY BREEZE CONDOMINIUMS, INC. for the discontinuance, closure and abandonment of a portion of Summerville Court. (DISTRICT 6 - BEACH) Item 1.1. shall be DENIED, BY CONSENT. Item 1.2. shall be DEFERRED, BY CONSENT, until the City Council Session of May 10, 2005, April 26, 2005 - 16- BUDGET WORKSHOP ECONOMIC VITALITY 2:58 P.M. ITEM # 53838 Catheryn Whitesell, Director - Resource Management, advised the Economic Vitality business area is comprised of the Department of Agriculture, Convention and Visitors Bureau, Economic Development, and Housing and Neighborhood Preservation. Economic Vitality represents approximately 5.4% or $84- MILLION of the FY 2005-06 Operating Budget and 6.31% of the Capital Budget. Dedicated taxes includes the dedication of taxes for tourism and advertising programs, Tax Increment Financing Districts (TIF), the Town Center Special Tax District and the Tourism Growth Investment Fund (TGIF), which represent 36% of the funding available in this business area. Federal funding is provided to the Department of Housing and Neighborhood Preservation primarily in support of Section 8 Voucher Programs, the Community Development Block Grant (CDBG), as well as other Federal Housing Assistance Programs. At the present time, the Community Development Block Grant (CDBG) funding is not included in the President's budget, This funding comprises approximately fzfleen (I 5%) percent of the total Housing and Neighborhood Operating Budget. Economic Vitality includes the following projects: Bus Rapid Transit (BRT), Cape Henry Lighthouse Restoration, Convention Center, Development ofRudee Loop Parking and the Spot Blight Abatement, Core Services Research, technical and marketing assistance regarding agriculture-related issues Family issue programming and home management Administer the Agriculture Reserve Program (ARP) Review proposed projects for erosion issues and oversee civil penalties Operation of Farmer's Market Tourism promotion and advertising Operation of Visitor's Center Marketing and operation of City's convention center Schedule and coordinate special events at the Oceanfront and Resort Area Development of resort business opportunities Support Resort Advisory Commission initiatives Coordinate Resort Area Capital Improvement Program projects Parking management Coordinate various public/private partnerships on behalf of the City Retain and expand existing Virginia Beach businesses and assist with the identification of new foreign and domestic markets, Work with the Community to develop a qualified worliforce Provide staff support to the Virginia Beach Development Authority Provide grants to homeowners for home repair and improvement Coordinate the homeless system in the City Enforce building and property maintenance codes Provide rental assistance vouchers for affordable rental housing Provide neighborhood organizing and improvement services and youth services in identified areas Administer the Regional Housing Opportunities for People with Aids Promote fair and equip access to housing in the City April 26, 2005 - 17- BUDGET WORKSHOP ECONOMIC VITALITY ITEM # 53838 (Continued) Enhancements/Commitments 5.17 positions for the new Convention Center Part-time position to coordinate Friendship Patrol and oversee Behavior Campaign Two (2) positions to meet City-wide parking management demands and provide oversight on weekends and nights Town Center - Phase III Bus Rapid Transit (BRT) System Courtney Dyer, Conventions and Visitors Bureau, advised re the Convention Center, there are some very high endfinishes in the new building (wood, metal, glass). Custodial operates in three (3) shifts and multi tasks with deep cleaning and interaction with the event set-up personnel. Therefore, they are not confined to ONLY housekeeping. Mrs. Whitesell advised there is approximately $60-MILLION in the Reserve for Contingencies throughout all the funds in the Operating Budget. Mrs. Whitesell distributed information entitled FY 2005-06 and FY 2006-07 Biennial Budget Reserve for Contingencies - all funds and Reserve for Future Commitments - All Funds. Information shall be provided relative a Housing Trust Fund. Andrew Friedman, Director of Housing and Neighborhood Preservation, advised some of the Community Development Block Grant (CDBG) funds are used to support code enforcement and some of the operational costs of the Department. David Sullivan, Chief Information Officer and Interim Chief Financial Officer, advised efficiencies have been gained with improved technology, as in the example of the Commissioner of the Revenue, who has been able to reduce his staff. The positions added over the lastfew years have primarily been in the area of Public Safety: Police, Fire and Sheriff's Deputies, There is no technology substitute for any of these positions. New facilities have also incurred additional staff, such as the Oceanfront and Princess Anne Libraries. The number of administrative staff is remaining almost level as the government has been growing. April 26, 2005 - 18- BUDGET WORKSHOP CULTURAL AND RECREATIONAL OPPORTUNITIES ITEM # 53839 Catheryn Whitesell, Director - Resource Management, advised the Cultural and Recreational Opportunities business area is comprised of the Museums and Cultural Arts and Parks and Recreation. Cultural and Recreational Opportunities represents approximately 3.97% or $62-MILLION of the FY 2005-06 Operating Budget and 10.23% of the Capital Budget. Dedicated taxes represent 13% of the funding. Approximately 30% of all revenues in this business area are derived from fees and administrative charges to the program users, There are forty-two (42) projects identified to support the Cultural and Recreational Opportunities business area. Core Services Operation of the Virginia Aquarium and Marine Science Center Marine Science Educational programming Operating of two (2) historic houses and the Virginia Beach Historic register Financial and operational support to the Virginia Beach Arts and Humanities Commission Financial assistance for Contemporary Art Center Management and maintenance of park infrastructure and management of acquired undeveloped park land Management of Open Space Program Implementation of Virginia Beach Outdoors Plan Landscape Services for all public infrastructure Operation and maintenance of municipal golf courses Recreation services to adults and children Enhancements/Commitments Aquarium exhibit renovations Aquarium elevated pedestrian crosswalk Aquarium animal care annex Inclusion Specialist to ensure that physically challenged customers have full access to Parks and Recreation program Four (4) positions for new Princess Anne Park Enhanced bikeways and trails Four (4) positions in Landscape Services for the opening and expansion of new facilities Two (2) positions as initial staffingfor the Performing Arts Center April 26, 2005 - 19- BUDGET WORKSHOP CULTURAL AND RECREATIONAL OPPORTUNITIES ITEM # 53839 (Continued) Councilman Wood referenced CIP Project 4-045 Parks and Recreation Administrative Offices Relocation (approximately $8-MILLION). A circular identifying a specific piece of property proposed by a willing seller to the City was distributed to all the City agencies, The property is a 20,000 square-foot office building for a fraction of the cost proposed to construct the new building. Cindy Curtis, Director of Parks and Recreation, advised this project involves relocation of the Parks and Recreation 'city wide' and administrative facilities into a single office complex at the new Princess Anne District Park. The relocation of the facility will include the design and construction of an 18,000 square foot office building and a 5,000 square foot storage building, to relocate the entire staff and all recreation program services from the 'citywide' office on Lynnhaven Parkway. The relocation of administrative offices will include the design and construction of a 12,000 square foot office building and will also relocate all staff from the Municipal Center. Closer proximity to satellite locations will allow the department to more effectively coordinate the management of the new athletics complex and the entire Princess Anne Commons, including the Sportsplex and the Us. Field Hockey Training Facility, The City Wide Programs Office building dates back to World War II and was first utilized for City offices in the 1960 's, as the administration office buildingprior to the relocation of the administrative staff to the municipal center complex, The current facility is in extremely poor condition, overcrowded and has become increasingly difficult to maintain. Barry Frankenfield advised the actual construction cost for the 30,000 square foot building itself is $120 per square foot, with the 5,000 square foot storage building estimated at $ 75 per square foot, The most economic construction methods and grouping of the facilities will be reviewed. April 26, 2005 - 20- BUDGET WORKSHOP CULTURAL AND RECREATIONAL OPPORTUNITIES ACTION SPORTS PARKS ITEM # 53840 Cindy Curtis, Director of Parks and Recreation, advised on November 23, 2005, City Council supported previous recommendations: Add vert ramp/half pipe at Mount Trashmore Skate Park for vert skaters and bmx-riders Half pipes put Virginia Beach "on the map "for vert riders in the 1980's and 1990's Will support local, regional and potentially national demos and competitions. Build a street course/skate plaza at another staffed park location Stimulation of urban plaza and elements of streets cape According to survey results and trends, majority of skaters and bmx-riders are "street" riders Ms, Curtis displayed a depiction of the Vert Ramp, encompassing a budget of approximately $150,000. Vert Ramp - Proposed Timeline Confirmed direction from Committee -February 16, 2005 BriefCity Council on recommended action - today April 26, 2005 Advertise and evaluate bids and select vert ramp - May through July 2005 Develop plans and build concrete base for vert ramp April to July 2005 Vert ramp built by August 2005 Skate Plaza Recommended Location First Choice: Woodstock Community Park on Providence Road near Interstate 64 Interchange with Indian River Road Second Choice: Red Wing District Park on General Booth Boulevard The recommended Phase I Budget is $250,000, which encompasses 10% for design, $225,000 for construction, an estimated cost of$20-25/square foot, and park size of approximately 9,000 to 11,000 square feet, The design would commence August 2005 through March 2006 with construction April to July 2006. Municipal Skate Park CIP Status Vert ramp - $150,000 available fun ding Skate Plaza at Woodstock - $42,000 fo existing funding for design and remaining toward construction $208,000 additional needed to complete construction of skate place- Requested but not funded for FY 2005-06 CIP Budget. Estimated operating funding impact for Second park is: 1.7 FTE's =$27,749 April 26, 2005 - 21 - BUDGET WORKSHOP CULTURAL AND RECREATIONAL OPPORTUNITIES ACTION SPORTS PARKS ITEM # 53840 (Continued) BY CONSENSUS, Parks and Recreation shall proceed with the Vert Ramp. Parks and Recreation shall attempt to identifY cost savings in the Parks and Recreation Administrative Offices Relocation, The Relocation and the Skate Plaza at Woodstock shall be added to the Reconciliation list with Parks and Recreation identifYing additional funding. April 26, 2005 - 22- BUDGET WORKSHOP FAMILY AND YOUTH OPPORTUNITIES ITEM # 53841 Catheryn Whitesell, Director - Resource Management, advised the Family and Youth Opportunities represents approximately 6.20% or $96.9-MILLION of the FY 2005-06 Operating Budget and .14% of the Capital Budget. Approximately 39% of the funding is derived from local sources. The State provides approximately 36% of the total funding and the Federal Government provides the remaining 25%. The Public Health Department receives approximately $2.5-MILLION in State Funding. The Department of Human Services oversees an estimated $176-MILLION in direct payments, not flowing through the City's budget, to individuals and families. Core Services Child health and welfare programs Healthy Start Dental program Immunization program Restaurant inspections Public recreational water testing Festival food permitting Rapid response to communicable disease threats At-risk elderly access to medical services Preventative health care Family planning clinics Child health clinics Blood pressure and cholesterol screening clinics Virginia Beach Medical Reserve Corps Child Protective services Foster Care services Employment services for low-income citizens Assistance to families working through issues of custody, support and visitation Public assistance programs Pendleton Child Service Center Adult protective services In-home companion services for the elderly Training in effective parenting skills Youth Intervention Program Financial assistance to prevent homelessness Operation of Juvenile Detention Center Mental Health and Substance Abuse services for families and individuals Services for infants, children and adults with mental retardation and developmental delay April 26, 2005 - 23- BUDGET WORKSHOP FAMILY AND YOUTH OPPORTUNITIES ITEM # 53841 (Continued) Enhancements/Commitments Seventeen (17) positions for Biznet Village for citizens with profound retardation Initiatives helping children 5 Social Workers in Child Services 2 Mental Retardation Clinicians for case management services to special education graduates Capital improvements at Pendleton Child Services Center Comprehensive Services Act funding to place children in care facilities outside the home Three (3) positions for Virginia Initiative for Employment not Welfare (VIEW) Two (2) positions for Fraud Reduction and Elimination Annual licensing and other operating expenses associated with Human Services Client Information System New transportation routes for Special Education Support Services funded in FY 2004-05 Terry Jenkins, Director - Human Services, advised the State Department of Mental Health directed the City to examine the period of January 1 through March 3 r re the demand for services in Virginia Beach mental health, mental retardation or substance abuse and then forward this information for compilation for the Governor to utilize as a basis for his Budget request to the General Assembly. In that period of time Oust in Virginia Beach) more than 650 adults and children were waitingfor services, The City Manager was requested to provide variable information re the Reconciliation Workshop for a lowering of the real estate tax rate i,e, $1.04 and the services that could be provided at such rate, Council Lady McClanan wished the issue of compression relative the public safety officials addressed. Councilman Reeve referenced two major issues (continuingfunding of open space and local road projects) be considered on a November Referendum with additional tax rate of2t/: and 5t/: respectively. Mrs. Whitesell shall provide the schedule of activities necessary for a Referendum, Council Members Diezel and Schmidt will bring forward a proposal re compensation. The City Manager shall compile a list of options re compensation. April 26, 2005 - 24- CITY COUNCIL COMMENTS 4: 52 P.M. ITEM # 53842 Mayor Oberndorf advised she welcomed a National Group of Judeo Experts who were competingfor the World Team. The instructors expressed appreciation to the Mayor for the unselfish dedication of the Pavilion staff. The competitions have been held throughout the United States and this was the first time all services promised have been delivered. The staff stayed up the entire night tearing down the previous exhibit and installed all the equipment for the Judeo Show at 5:00 A.M. by the next morning. This is a true depiction of a World Class City. ITEM # 53843 Councilman Schmidt referenced the news article concerning False Cape State Park. Councilman Schmidt spoke with the Director of Conservation and Recreation, who advised he hoped to have the problem rectified by the end of the week. The Southeastern Public Service Authority (SPSA) is ready to help, The City Manager, Charles Meyer - Chief Operating Officer and Wade Kyle - Administrator, Waste Management, indicated the City would stand by to assist, Private individuals are also anxious to address the situation. Councilman Reeve was very surprised to see the article and had never seen an accumulation of trash in False Cape that was not immediately handled. April 26, 2005 - 25 - ITEM # 53844 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended,for the following purpose: PERSONNEL MA TTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2,2-3711 (A) (1), To Wit: Appointments: Boards and Commissions: Community Policy and Management Team - CSA At Risk Community Services Board Francis Land House Board of Governors Health Services Advisory Board Human Rights Commission Investment Partnership Advisory Committee - PPEA Minority Business Council Open Space Committee Parks and Recreation Commission Performing Arts Theatre Advisory Committee Personnel Board The Planning Council Shore Drive Advisory Committee Tidewater Transportation District Commission Towing Advisory Board LEGAL MA TTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). Cavalier Hotel at 42nd Street Upon motion by Councilman Schmidt, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION (4:55 P.M.). April 26, 2005 - 26- ITEM # 53844 (Continued) Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva and Rosemary Wilson Council Lady Wilson left at 3:00 P.M., as her Mother is critically ill in Sentara Leigh Memorial Hospital. (Closed Session: 4:55 P.M. - 5:45 P.M.) (Dinner: 5:45 P.M. - 6:00 P.M.) April 26, 2005 - 27- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL April 26, 2005 6:07 P.M. Mayor Meyera E, Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 26, 2005, at 6:00 P.M. Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E, Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, and James L. Wood Council Members Absent: Rosemary Wilson [Left at 3:00 P.M., as her Mother is critically ill in Sentara Leigh Memorial Hospital). INVOCATION: Reverend Charles H. Williams Pastor, Morning Star Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge, In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare andfile the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure, Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and ofwhich she does not have personal knowledge, In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identi.fj;ing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council, Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. April 26, 2005 - 28- Item V-Eo CERTIFICATION OF CLOSED SESSION ITEM # 53845 Upon motion by Councilman Dyer, seconded by Councilman Reeve, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council, Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E, Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson April 26, 2005 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 53844, page 25, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711(A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~~~.~.-i;- h Hodges Smith, MMC City Clerk April 26, 2005 - 29- Item V-F.1. MINUTES ITEM #53846 Upon motion by Councilman Reeve, seconded by Councilman Dyer, City Council APPROVED the Minutes of the SPECIAL FORMAL SESSION of April 26, 2005. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson April 26, 2005 - 30- Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM #53847 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION April 26, 2005 - 31 - Item V-H.J. PUBIC HEARING ITEM #53848 Mayor Oberndorf DECLARED A PUBLIC HEARING: THOROUGHGOOD HOUSE Preservation Easement at J636 Parish Road There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING April 26, 2005 - 32- Item V-H.2. PUBIC HEARING ITEM #53849 Mayor Oberndorf DECLARED A PUBLIC HEARING: OPERATING BUDGET re EFFECTIVE TAX RATE The following registered to speak: Robert Goodman, Phone: 624-3238, Chair of the Citizens Steering Committee for the Convention Center, referenced the positive impact from the new Convention Center and spoke in support of 19th Street Corridor Plan Barbara Yates, 318 24th Street, Phone: 428-8052, Vice President - Resort Beach Civic League, spoke in opposition to the combined Virginia Beach Middle School. Mrs. Yates requested the implementation phase of the 19th Street Corridor Plan commence this year and recommended there be no real estate tax reduction. The extra funding could be utilized to solve the compression problem, Dan Coureas, 800 Coverdale Lane, Phone: 340-7227, requested the tax rate be reduced considerably Curtis Karvala, 1529 Seafarer Lane, Phone: 481-1930, requested a revised tax rate of$1.04 Gray Edwards, 3836 Croonenberg Way, Phone: 463-9131, requested the tax rate be reduced Diane Gillespie, 710 Winston Sale Avenue, Phone: 437-1422, expressed appreciation to the City Council re the issue of the combined Virginia Beach Middle School and the quality of life provided by the City Dan Creedon, representing Cape Henry Shores and the Shore Drive Coalition, 2605 Heston Road, Phone: 496-3813, requested supportfor the conversion of Osprey Point, the Spoils are near Lesner Bridge into a natural area and support for Phases II and III of the Shore Drive Beautification program (CIP 2,117 and 2.118) Nancy Perry, Executive Director - Virginia Beach Hotel/Motel Association, supportive of the magnificent new Convention Center and supported the implementation of the 19th Street Corridor Mary Mathena, legally blind, representing Endependence Center, 5608 Pawnee Road, requested support of the Center in the City's Operating Budget Thomas E. Coghill, 804 Surfside Avenue, Phone: 422-3425 Member - Tidewater Builders Association and representing the 800 or more bicyclists, participating in the (Jh Annual Celebration of Life Bicycle Ride on May 14, 2005. Mr. Coghill requested support of the Bikeways and Trails Improvement Plan. Said statement is hereby made a part of the record. Carolyn McPherson, Executive Director - Samaritan House, Post Office Box 2400 #226, Phone: 631-0710 spoke in support of affordable housing. Ms. McPherson requested the Department of Housing and Neighborhood Preservation's budget be changed so the federal funds intended for housing, not be used for administrative, general management, indirect costs and code enforcement. All of these funds being utilized for housing. Doug Huston, President - Virginia Beach Community Development Corporation, 629 Wesley Drive, Phone: 463-9516, spoke in support of affordable housing and relative Community Development Block Grant Funds being utilized for the mission intended. Reverend Randy Orwig, 1189 Hopemont Drive, Phone: 636-9959, Chair of the Winter Shelter TaskForce for the Homeless, Co-chair of the Interfaith Advisory Board to Human Servir:es and Member Empower Hampton Roads Gary Baskin, 605 Lynnshores Drive, Phone: 486-6995, spoke in support of a reduced tax rate Ken Jobe, 304 Croatan, Phone: 428-0328, representing Daniel Baxter - President of the Council of Civic Organizations, spoke in support of a revised tax rate of $1.04 per 'hundred dollars of assessed value Al Wallace, 4601 Chippendale Court, Phone: 497-2187, spoke in support ofa revised tax rate of$1.04 per 'hundred dollars of assessed value April 26, 2005 - 33- Item V-H.2. PUBIC HEARING ITEM #53849 (Continued) John 0. Parmele, 1316 Yawl Point, Phone: 481-1259, suggested a compromise of 13. 7~ per $100 of assessed value Drew Izes, 1424 Rylands Road, Phone: 460-7953, represented Lakeview Park Civic League, and spoke in support of a revised real tax rate of $1.04 per 'hundred dollars of assessed value Mary Goldrich, 4709 Oceanfront, Phone: 422-9196. spoke in support of a reduced real estate tax rate Helen Allsbrook, 312 53rd Street, Phone: 491-1183, supports a revised real tax rate of$l,04 per 'hundred dollars of assessed value John Allsbrook, 312 53rd Street, Phone: 491-1183, submitted a petition containing 1,050 signatures in support of a revised real tax rate of $1.04 per 'hundred dollars of assessed value. Said petition is hereby made a part of the record Robert D. O'Connor, 204 52nd Street, Phone: 425-0902, supports a revised real tax rate of$1.04 per 'hundred dollars of assessed value. After copies have been made, Mr, 0 'Connor will submit a petition to the City Clerk containing approximately 4,000 signatures in support of the revised tax rate. Darl Anderson, 4425 Jeanne Street, Phone: 373-1407, advised the City Council should adhere to the State's allowance of an increase in the real estate tax of 1 % over last year and adjust the Operating Budget accordingly. William Bailey, 4841 Rosecroft Street, Phone: 495-0637, represented the Virginia Beach Professional Firefighters. Mr. Bailey expressed concern re firefighter staffing (hiring 10 firefighters per year), pay compression (vertical) and the pay plan. There is a shortage of paramedics, firefighters and police officers, User fees take the burden off the real estate rate so the City should bill for EMS Services Eliminate the proposed 6-laning of Shore Drive Dorinda Ennis, 3556 Shore Drive, Phone: 363-1740: eliminate the proposed 6-lane Lesner Bridge and review other options as a 4-lane (pedestrian and bike path on a separate level), utilize the newest technology to repair older bridges, examine the Great Neck Interchange at 1-264. Robert Dean, Communications Director - Virginia Beach Taxpayers Alliance, 1204 Shawn Drive, Phone: 427-6606, and 44-year resident, Mr. Dean referenced producing the Cox Cable ad: "No more than $1.04 or out the door", 84.4% of the real estate tax base is comingfrom residents. The Oceanfront hotels provide 1. 9%. Commercial and industrial only provide 13, 7%. He also gave a public apology to the Mayor and her husbandfor the April 2]" Public Hearing comment concerning placing the Mayor's personal telephone number on their ad., Paul Johnson, retired Navy and retired Elementary Teacher, 612 Piney Point Road, Phone: 498-1438, supports a revised real tax rate of $1.04 per 'hundred dollars of assessed value Vantoria Clay, Housing Policy Co-ordinator - Endependence Center, 3316 Sugar Creek Drive, Phone: 368- 9872 Martha McClees, represented Community Services Board of Directors, 1828 Staple Inn Drive, Phone; 427-0766, Some essential functions the municipal government provides must trump the desire for a lower tax rate. Said statement is hereby made a part of the record. James A. Roth, 1442 West Little Neck, Phone: 409-0203, 82-year old resident and legally blind. Mr, Roth spoke in support of a revised real estate tax rate of $1,04 per 'hundred dollars of assessed value and requested eliminating the tax or cutting it in 'half to citizens 65 years and older. Maury Jackson, 1125 Ditchley Road, Phone: 428-1470, spoke in support of a revised real estate tax rate of $1.04 per 'hundred dollars of assessed value Mona Saferstein, 748 Virginia Dare Drive, Phone: 422-0401, spoke in support of a revised real estate tax rate of$l,OO or at least $1.04 per 'hundred dollars of assessed value Sandy Linkous, 5225 South Lake Road, Phone: 464-1947, spoke in support of a revised real estate tax rate of $1,04 per 'hundred dollars of assessed value Paul Schettler, 2000 Portules Court, Phone: 531-6234, associated with Law Enforcement for twenty-four years, requested support of the public safety pay plan and the issue of compression George Bryant, 2320 Dodd Drive, Phone: 481-3309, spoke in support of a revised real estate tax rate of $1,04 per 'hundred dollars of assessed value April 26, 2005 - 34- Item V-H.2. PUBIC HEARING ITEM #53849 (Continued) Robert Semel, 1205 Moorefield Court, Phone: 481-6104, spoke in support of a revised real estate tax rate lower than $1.04 per 'hundred dollars of assessed value. Assessment has increased 37% this year. Wally Erb, 150 Cayuga Road, Phone: 497-7451, spoke in support of a revised real estate tax rate of $1.04 per 'hundred dollars of assessed value Bob Denney, 520 Bushnell Drive, Phone: 437-2579 spoke in support of a revised real estate tax rate of $1,00 per 'hundred dollars of assessed value Richard Detz, 1135 Five Point Road, Phone: 481-6718, 43-year resident of Virginia Beach, spoke in support of a revised real estate tax rate of $1,04 per 'hundred dollars of assessed value Karen Nuszkiewicz, President - Homestead Civic League, 1000 Fireside Lane, Phone: 424-5657, spoke in support of a revised real estate tax rate of $1.04 per 'hundred dollars of assessed value Phil Terrana, 2312 First Settles, Phone: 427-2166, spoke in support of a revised real estate tax rate of $1.04 per 'hundred dollars of assessed value John Moss, Chair - Virginia Beach Taxpayers Alliance, 4109 Richardson Road, Phone: 363-7745, expressed concern re the 10.6% increase in spending. The real estate tax rate should be established at $1.04 or less, Joe Watson, 50-year resident, requested the tax rate be lowered. Bob Hedrick, 1132 Blackburn Lane, requested the tax rate be lowered John Gadzinski, 2005 Plowshares Court, Pilot with Southwest Airlines, requested the tax rate be lowered to 904: Todd Solomon, 2260 First Landing Lane, represented the Shore Drive Community Coalition, and requested support of CIP Projects 2-116 and 2-117 Shore Drive Traffic and Aesthetic Improvements Tim Solanic, 3612 Dupont Circle, spoke re transcriptions of all City Council Meetings being placed on www.vbgov.com and requested elimination of CIP 2-857 (6-laning of Shore Drive) from the Capital Improvement Program, although a requested but unfunded item, John C. Ludford, 4425 Delmer Drive, Phone: 552-6644, President - Bayville Park and Garden Civic League, spoke in support of the Shore Drive Corridor Plan and of a revised real estate tax rate of $1,04 per 'hundred dollars of assessed value Leslie Cornwell, 4209 Bounty Road, President of Baylake Pines/Baylake Beach Civic League, spoke in support of a revised real estate tax rate of $1.04 per 'hundred dollars of assessed value, next two phases of the Shore Drive Improvement Project, and dedication of 14: to the Open Space fund making Pleasure House Point a priority Laura Baines, 825 18th Street, Phone: 437-4911, represented the homeless and disabled and requested the Community Development Block Grant (CDBG) funds be directed for non-profit programs. Greg May, 820 Virginia Beach Boulevard, Phone: 219-2700, (both he and his wife are Police Officers), requested support of the public safety pay plan and compression Lisa Lawrence, 1806 Arctic A venue, Phone: 749-9200, spoke relative the issue of drainage vs the storm water fee James Morris, Rocking Chair Lane, Phone: 430-1852, requested support of the public safety pay plan and compression Albert Belbusti, 1521 Hidden Cove Phone: 481-4703, City Council should adhere to the State's allowance of an increase in the real estate tax of 1 % over last year. Richard Shelley, 3220 Burnt Mill Road, Phone: 486-3987, spoke relative a real estate tax reduction April 26, 2005 - 35 - Item V-J. ORDINANCES/RESOLUTIONS ITEM # 53850 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED IN ONE MOTION Items 1, 2, 3 and 4 of the CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, RonA, Villanueva, and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson Council Members McClanan, Reeve and Wood voted a VERBAL NAY on Item 1.1. (Resort Season) Council Lady McClanan voted a VERBAL NAY on Item 1.4. (Courthouse Marketplace, LLC) April 26, 2005 - 36- Item V-J.1. ORDINANCES/RESOLUTIONS ITEM # 53851 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to AMEND the City Code991-2, 6-3, 6-30, 6-114and31- 28 re the term "Resort Season ", incorporate the term in certain ordinances and amend provisions of the City Code re prohibited beach activities during the Resort Season Voting: 7-3 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W Schmidt and Ron A. Villanueva Council Members Voting Nay: Reba S. McClanan, Jim Reeve and James L. Wood Council Members Absent: Rosemary Wilson April 26, 2005 1 AN ORDINANCE TO AMEND THE CITY CODE TO DEFINE 2 THE TERM "RESORT SEASON" AND INCORPORATE THE 3 TERM IN CERTAIN ORDINANCES AND TO AMEND 4 PROVISIONS OF THE CITY CODE PERTAINING TO 5 PROHIBITED BEACH ACTIVITIES DURING THE RESORT 6 SEASON 7 8 SECTIONS AMENDED: City Code Sections 1-2, 6-3, 9 6-30, 6-114 and 31-28 10 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Sections 1-2, 6-3, 6-30, 6-114 and 31-28 of the City Code 16 are hereby amended and reordained, to read as follows: 17 Sec. 1-2. Definitions and rules of construction. 18 In the interpretation and construction of this Code and of all 19 ordinances of the city, the following definitions and rules of 20 construction shall be observed, unless they are inconsistent with 21 the manifest intent of the councilor the context clearly requires 22 otherwise: 23 24 Resort season. The term "resort season" shall mean the time 25 beginning May 1 and ending September 30 of each year. 26 27 28 29 30 Sec. 6-3. Playing ball, using frisbee, etc., on beach in certain areas prohibited. (a) It shall be unlawful for any person to engage in ball 31 playing or the use of a frisbee or any activity of like kind which 32 may endanger the safety of others on the o~nd be~ch, the sandy 33 portion of the beach area between the surf and the area east of the 34 lifeguard stands, the boardwalk and the grassy area west of the 35 boardwalk to the property lines from C~mp rendleton Rudee Inlet on 36 the south to 42nd Street on the north from 10:00 a.m. to 4:00 p.m. 37 weekdays and 10:00 a.m. to 6:00 p.m. weekends and holidays ~ 38 P1emori~l D~y Weekend through L~bor D~y Weekend during the resort 39 season of e~eh ye~r. For the o~nd be~ch ~re~ betr.:een C~mp 40 rendleton ~nd Rudee Inlet, knmm ~o Cro~t~n I3e~ch, thio oection 41 oh~ll ~pply only on ',:eekendo ~nd holid~yo 10:00 ~.m. to 6:00 p.m. 42 during the reoort oe~oon ~nd oh~ll not ~pply to the ~re~o on 43 Cro~t~n I3e~ch ~o referenced in p~r~gr~ph (b) below. 44 (b) For purpooeo of thio oection, pqemori~l D~y Weekend oh~ll 45 be deemed to commence ~t 6: 00 p. m. the Frid~y before pqemori~l D~y 46 ~nd L~bor D~y Weekend oh~ll be deemed to end ~ t 6. 00 p. m. L~bor 47 Bay. It shall be unlawful for any person to engage in ball playing 48 or the use of a frisbee or any activity of like kind which may 49 endanger the safety of others on the sand beach area between Camp 50 Pendleton and Rudee Inlet, known as Croatan Beach, on weekends and 51 holidays 10:00 a.m. to 6:00 p.m. during the resort season. 52 (c) The city manager or his designee lS authorized to 53 designate locations within the sand beach area set forth in 54 subsection (a) of this section where activities such as playing 55 ball or using a frisbee or any activity of like kind may be 56 allowed. Such areas shall be designated with appropriate markers. 57 58 Sec. 6-30. Fishing from sand beaches. 2 59 It shall be unlawful to fish from the sand beaches of the city 60 from 42nd Street to Rudee Inlet between the hours of 10:00 a.m. and 61 4:00 p.m. weekdays and 10:00 a.m. and 6:00 p.m. weekends and 62 holidays from Hemori.::l.l D.::l.Y Weekend through L.::l.bor D.::l.Y Weekend during 63 the resort season. 64 For purpooeo of thio oection, Nemori.::l.l D.::l.Y Weekend oh.::l.ll be 65 deemed to commence .::l.t 6: 00 p. m. the Frid.::l.Y before Hemori.::l.l D.::l.Y .::l.nd 66 L.::l.bor D.::l.Y Weekend oh.::l.ll be deemed to end .::l.t 6.00 p. m. L.::l.bor D.::l.Y. 67 Sec. 6-114. Restrictions on launching, landing, parking or stationing recreational vessels in certain areas. 68 69 70 71 (a) It shall be unlawful for any person to launch or land a 72 sailboat, motorboat, motorized personal watercraft, canoe, rowboat, 73 flatboat, kayak, umiak, scull or any other similar recreational 74 vessel on the beach area north of Rudee Inlet to the center line of 75 42nd Street prolongated eastward, bet",:een ~4emori.::l.l D.::l.Y Weekend .::l.nd 76 L.::l.bor D.::l.Y Weekend during the resort season between the hours of 77 10:00 a.m. and 4:00 p.m. weekdays and 10:00 a.m. and 6:00 p.m. 78 weekends and holidays. The provisions of this subsection shall not 79 be applicable to any person who is awarded a contract, based upon 80 competitive procurement principles, to conduct an operation for the 81 rental of designated recreational vessel(s) or to any person who 82 rents a vessel from an authorized rental operator provided the 83 vessel(s) so rented is launched or landed within the area 84 designated in such contract. For purpooeo of thio oection, 85 Hemori.::l.l D.::l.Y Weekend oh.::l.ll be deemed to commence .::l.t 6: 00 p. ill. the 3 86 FridCl.Y before MemoriCl.1 DCl.Y, Cl.nd LCl.bor DCl.Y Weekend ohCl.11 be deemed 87 to end Cl.t 6:00 p.m. LCl.bor DCl.Y. 88 89 Sec. 31-28. Points of collection. 90 91 (b) Mobile containers in the resort collection zone may be 92 placed on the curb line of a city right-of-way by 6:00 a.m. on the 93 day of collection. 94 The collection of refuse from any mobile or bulk container by 95 a private contractor in the resort collection zone bet".;een l',pril 15 96 Cl.nd October 15 during the resort season of eCl.ch yeCl.r shall be 97 restricted to between the hours of 6:00 a.m. and 10:00 a.m. daily. 98 Any mobile container in the resort collection zone placed on the 99 curb line of a city right-of-way betr.,;een l\.pril 15 Cl.nd October 15 100 during the resort season must be removed from said right-of-way no 101 later than 10:00 a.m. If mobile containers are not removed by that 102 time, the city may remove them and take temporary custody of such 103 containers with posted written notice to the property owner as to 104 the location of the containers and the procedure for reclaiming 105 such containers. 106 107 Adopted by the City Council of the City of Virginia Beach, 108 Virginia, on this 26th day of April, 2005. 4 - 37- Item V-J.2. ORDINANCES/RESOLUTIONS ITEM # 53852 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to TRANSFER $335, 000 from the FY 2004-2005 Operating Budget of the Department of Human Services and $100,000 from the Reserve for Contingencies-Juvenile Detention to the FY 2004-2005 Operating Budget of the Department of Juvenile Probation re Less Secure Detention Services. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson April 26, 2005 1 2 3 4 5 6 AN ORDINANCE TO TRANSFER $435,000 TO THE FY 2004-05 OPERATING BUDGET OF THE DEPARTMENT OF JUVENILE PROBATION FOR LESS-SECURE DETENTION SERVICES WHEREAS, there has been a significant increase in the number of 7 Court ordered less-secure detention services, such as Detention 8 Outreach and Electronic Monitoring for juveniles, resulting in 9 increased costs for detention services. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 That $335,000 is hereby transferred from the FY 2004-05 13 Operating Budget of the Department of Human Services and $100,000 is 14 hereby transferred from the FY 2004-05 Reserve for Contingencies - 15 Juvenile Detention to the FY 2004-05 Operating Budget of the 16 Department of Juvenile Probation for court ordered less-secure 17 detention services. 18 19 on Adopted by the Council of the City of Virginia Beach, the 26th day of April Virginia 2005. Approved as to Content Approved as to Legal Sufficiency !JJ~ IVI. /Y!~ f)~u;~ City Attorney's Office CA9594 Ord&Res/Dentention Services ORD April 12, 2005 R-1 - 38- Item V-J.3. ORDINANCES/RESOLUTIONS ITEM # 53853 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to A UTHORIZE acquisition of property in fee simple for the right-or-way for the Seaboard Road project and the acquisition of temporary and permanent easements, either by agreement or condemnation. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson April 26, 2005 1 , 2 3 4 5 6 7 8 9 10 11 public AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR SEABOARD ROAD PROJECT (CIP 2-107) AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a necessity exists for the construction of this important roadway project to improve 12 transportation within the City and for other public purposes for the preservation of the safety, 13 health, peace, good order, comfort, convenience, and for the welfare of the people in the City of 14 Virginia Beach: 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 Section 1. That the City Council authorizes the acquisition by purchase or 18 condemnation pursuant to Sections 15.2-1901, et seq., Section 33.1-89, et seq., and Title 25.1 19 Code of Virginia of 1950, as amended, of all that certain real property in fee simple, including 20 temporary and permanent easements (the "Property") as shown on the plans entitled 21 "SEABOARD ROAD (CIP NO. 2-107)", (the "Project") and more specifically described on the 22 acquisition plats for the Project (collectively the "Plans"), the Plans being on file in the 23 Engineering Division" Department of Public Works, City of Virginia Beach, Virginia. 24 Section 2. That the City Manager is hereby authorized to make or cause to be made 25 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer 26 to the owners or persons having an interest in said Property. If refused, the City Attorney is 27 hereby authorized to institute proceedings to condemn said property. 28 ADOPTED by the Council of the City of Virginia Beach, Virginia, on the 26th day t 29 of April , 2005. 30 31 32 APPROVED AS TO CONTENTS 33 34 35 ~ C. ~S4. S NATURE PLO Rf)lJ Esfdr DEPARTMENT 36 37 38 39 40 41 APPROVED AS TO LEGAL SUFFICIENCY AND FORM 42 43 44 45 46 47 CA-9072 48 PREPARED: March 28,2005 49 F:\Data\ATY\OID\REAL ESTATE\Acquisitions\WORKING - COND\Acquisition Ordinances\CA9072.00C.2005.rtf 50 " ~ ~~ ~~ ~< ~ - =0 d l!:\~ · ,Ii ~ u' ~ ~ !!-~~ ~~ L rc~ ~ y~ ~ ~ 6ct:~~~ ~ I ~ ;\~:~: :Dr~ f~ JJ 1'\ ,.,.,,^A^A() PKVVY IL\ t;] .'i1 ~~~/~J~~~ ~ ~~~ ~ :~~~A h\):I::-r--ID::L 7J. ~ ~.. r:5\ >-.:{J,~~~ , . a: ~4J ~ 0, ".;, ~~\ ~~ 'Vi: ~ ~ .~ ~~~~' \J 0~ ()A/"o~ ~~ -I-rg, th-I iii: .- <O~ ~~ ~ \ i\ rrn: 0 ~ ~~~ ~~-:tfQa" 'l!J~t ~ .o'~o~Wig ~ ~ r8 ~ 0 lJ}1-r4~ 0 ~ /)f{i#j~ 7- [S1~~ 'X~ ~~ ~ c::;:./~:::::' 0 -':D '< D 7r. tl ~ ~'r-[p .f1..- k --rJf t;J'C:;) ~o '0 fa9\.J1 ~ 0 r-' ~ ~ ~ ~Iifff CI 0 Oh {J I f'.. ""- 1. 80 ~"'-- ~ 0:0 ~ 'JI:Yo/t;:)~^ 2J 08 f 5f~ ~ ~ ~ L 0 ~~tt7\' 0 ~I~~ . {;i<J$t> ~ <> ;~ ~ . Q /) ~ ~ 0:1 ~ ~~ '\ \~ ~ r- __ 8 e\ 'Cl ~ a ~ qtf}, <b ~L ii d.<1' \ ~J(K Cl ~ () tJ;<f) G / II ... ,V" \ -'!51'-" Q~~ ~r (j C$. <$ ""v~"~ . a~ ~~- V1,~~{) <JitJ~ t;::J ~ 'I:::l oa7~ c--, ~\\d t) ~ (/!) t."r"lt) {;(J .l t) t:::::J /..-.:.'J ~ 0 0 ~ ~ "'>./ <l ~ <;;j 0 ~ 7' \\ '~\ .;> D[ '\.~ (;> rs J"'j<S 0- ~ ). 'I ~ ~ ~ ~ 4>~ ~ flJ.. ~ (J> , 0 11 ;;; 0 ~ ,. c:> oog 0 ~ (j> 0 1/.<> OJ) d:' \1. q 0 ~. o~ 0 ~ G ~ (J :gJ LA ' ~~~c:i'~~"" &" ~ OY,...{l' '" ~ ....,~ o - o() !-O" <7 ~ j~ · l;) (ff;:7tS C:J <:7 ~ <) "" 0 "". .. [5 ~llil ,~{>$fJ~ Q ~aO ~ Q ~ {'; ~ (l ~ Q ~ t:J ;~ ~ 0 ~ o-\) ~ ~!J I> 'OC>PO (< o ~~C(9" ~<9. ~~~~'IIlQ~~Y ~ 0 ~ -\> 'U ~ q?J ~ ~ v ~ 0 \) / ~ -........J (~ ~ ~<;7, () a <;:;\ / ~ \> '0~ <) GOo LOCATION MAP' FOR~~ J oe.po(J \) 2:5 <> ~( SEABOARD ROAD ~ () o ,":~ q ~ IMPROVEMENTS . {>-~\\ . ~ .... ~ ~ SCALE: l' = 800' , 0"f!iif ~;fV /oy ~ . V . I~~~<>- '()~~ ~Oo<J,Q / o\Q; '" 0 ~ ~ 0 ~I) ,eeOO ~il:' IS \) . ( . \\ o eo SEABOARD.DGN M.j,S. PREPARED BY pm ENG, CADD DEPT. JAN, 15, 2004 J I I 1/ I I I I "/ I I , \ , -.. , ' , ' , ' , ' , -.. , ' , ' , -.. . , ' , ' "\ " · 1....1 II I I . I I ,,') I I I I I :~:~ > 101 'I LOCATION MAP (;:; "( ~ /) U,., I. (; ,<. I / (;J ~ v) I I ,~ /? / (r" u'" ")/) ~, U I ,<. ....~/) " '\.1 U 1< , -.. ,., u. '':...' U I . \ '( U'" ~-.. I , '.../l U '':.,./; I I" "" \ , ..... I /) (I '"'./ .... --- \.1 \ '..... <. \....-1 -...... - { ~ - ,.-...... , ~I \' I } I. ) "............ - - , J- _ I / f"--J ...... ....- - - -" /./ ") 1/ I II - ~ \ I I \ \...1 I \ I _ , I I" 'I I 1 ' / I z / 0.Z \_/1-.1 /t/ ) -If 1 ( ~ ../ I I / I ". - I / I I I \ I /+ I ,_I 'J" l{f . ENCROACHMENT REQUEST BY COURTHOUSE MARKETPLACE, L.L.C. FOR A MONUMENT SIGN GPIN 1494-63-5606 SCALE: 1" - 200' COURTHOUSE MARKETPLACE.DGN M.).S, PREPARED BY PIN ENG. CADD DEPT. MARCH 28, 2005 - 39- Item V-J.4. ORDINANCES/RESOLUTIONS ITEM # 53854 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to A UTHORIZE a temporary encroachment into a portion of the right-of way at Princess Anne Road and Nimmo Parkway by COURTHOUSE MARKETPLACE, LLC to construct and maintain a monument sign. The following conditions shall be required: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal, 3. The temporary encroachment will meet all relevant provisions of the City Zoning Ordinance regarding signs, including landscaping, meeting or exceeding the requirements of Section 214(c). 4, The applicant will adhere to all applicable provisions of the proffers attached to the rezoning application of this site by Courthouse Marketplace, LL C. 5. The applicant will relocate the temporary encroachment, including all utilities and landscaping, at the applicant's expense at such time that the City notifies the applicant the right-ofway is required due to the imminent construction of CIP 2-035, Princess Anne Road Phase IV (Ferrell-Phase II) and that said construction, including utility relocations, may begin as early as in 2005. 6. The applicant shall indemnifY and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney 's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment, April 26, 2005 Item V-J.4. - 40- ORDINANCES/RESOLUTIONS ITEM # 53854 (Continued) 7. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 8, The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 9. The applicant must submit and have approved a traffic control plan before commencing work in the encroachment area. 10, The applicant agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. 11. The applicant agrees to obtain a permit from the Office of Development Services Center/Planning Department. 12, The applicant must obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable, The applicant agrees to carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant will provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. 13, The applicant shall connect with sanitary sewer facilities when they become available, within the time stipulated by the City and that plans must be submitted to the Department of Public Utilities for review. 14. The temporary encroachment must conform to the minimum setback requirements as established by the City. April 26, 2005 - 41 - Item V-J.4. ORDINANCES/RESOLUTIONS ITEM # 53854 (Continued) 15, The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of- way encroached upon the equivalent of what would be the real property tax upon the land so occupied ifit were occupied by the applicant; and ifsuch removal shall not be made within the time ordered herein above, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 9-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: Rosemary Wilson April 26, 2005 I . 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 A PORTION OF THE RIGHT-OF-WAY 6 LOCATED ON PRINCESS ANNE 7 ROAD, NORTH OF ITS 8 INTERSECTION WITH NIMMO 9 PARKWAY BY COURTHOUSE 10 MARKETPLACE, LLC, ITS HEIRS, 11 ASSIGNS AND SUCCESSORS IN 12 TITLE 13 14 WHEREAS, Courthouse Marketplace, LLC desires to construct and maintain a 15 monument sign within the City's right-of-way located on Princess Anne Road, about 16 315+- feet north of its intersection with Nimmo Parkway. 17 WHEREAS, City Council is authorized pursuant to SS 15.2-2009 and 15.2-2107, 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's right-of-way subject to such terms and conditions as Council may prescribe. 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That pursuant to the authority and to the extent thereof contained in SS 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Courthouse Marketplace, 24 LLC, its heirs, assigns and successors in title are authorized to construct and maintain a 25 temporary encroachment for a monument sign in the City's right-of-way as shown on 26 the map entitled: "ENCROACHMENT EXHIBIT COURTHOUSE MARKETPLACE 27 VIRGINIA BEACH, VIRGINIA," Scale: 1 "=50', dated March 28, 2005, a copy of which is 28 on file in the Department of Public Works and to which reference is made for a more 29 particular description; and I ' 30 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 31 subject to those terms, conditions and criteria contained in the Agreement between the 32 City of Virginia Beach and Courthouse Marketplace, LLC (the "Agreement"), which is 33 attached hereto and incorporated by reference; and 34 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 35 is hereby authorized to execute the Agreement; and 36 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 37 time as Courthouse Marketplace, LLC and the City Manager or his authorized designee 38 execute the Agreement. 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the 40 26thdayof April ,2005. 41 42 ~. PROVED AS TO CONTENTS 43 _ _u. C. CJ(WJ.s.tv\.. 44 NATURE Pm R[JiI 66iuJ€. DEPARTMENT 45 46 47 48 49 50 51 52 53 54 55 APPROVED AS TO LEGAL SUFFICIENCY AND FORM I llfHv ~ /lIf'1i/ il tV CITY AT ORNEY CA-9517 PREPARED: 4/7/05 F:\Data\A TY\Ordin\NONCODE\PW ORDIN\CA9517 Courthouse Marketplace, LLC,doc . , PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58,l-811(c) (3) THIS AGREEMENT, made this 'lion day of M af'c..h , 2001 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and COURTHOUSE MARKETPLACE. L.L.C., ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "PARCEL A 21.072 ACRES" on that plat entitled, "RESUBDIVISION PLAT OF COURTHOUSE MARKETPLACE VIRGINIA BEACH, VIRGINIA" Scale 1 "=50', dated September 24, 2004 and being further designated and described as GPIN 1494-63-5606. WHEREAS, it is proposed by the Grantee to construct and maintain a monument sign, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as Princess Anne Road "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 1494-63-5606 1 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT EXHIBIT COURTHOUSE MARKETPLACE VIRGINIA BEACH, VIRGINIA," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from The Encroachment Area in the event of an emergency or public necessity. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment will meet all relevant provisions of the City Zoning Ordinance regarding signs, including landscaping, meeting or exceeding the requirements of Section 214( c). 2 It is further expressly understood and agreed that the Grantee will adhere to all applicable provisions of the proffers attached to the rezoning application of this site by Courthouse Marketplace, L.L.C. It is further expressly understood and agreed that the Grantee will relocate the Temporary Encroachment, including all utilities and landscaping, at the Grantee's expense at such time that the Grantor notifies the Grantee the right-of-way is required due to the imminent construction of CIP 2-035, Princess Anne Road Phase IV (Ferrell-Phase II) and that said construction, including utility relocations, may begin as early as in 2005. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in The Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for 3 exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantee connect with sanitary sewer facilities when they become available, within the time stipulated by the City and that plans must be submitted to the Department of Public Utilities for review. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. 4 It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Courthouse Marketplace, L.L.C. has caused this agreement to be executed by David Y. Faggert, Manager of Courthouse Marketplace, L.L.C a Virginia limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia has caused this agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2005, by , CITY MANAGER! AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public STATE OF CITY/COUH'f~ OF VIRal NIA BFArJ.l to-wit: , The foregoing instrument was acknowledged before me this L day of ~ittGh L.L.C. ,2005, by David Y. Faggert, Manager on behalf of Courthouse Marketplace, My Commission EXPires:cJan. 3iJ .2009 6 APPROVED AS TO CONTENTS ~! C.~lM NATURE fw fEr;) Ed~ DEPARTMENT o APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~UhJlw 7 [X~ I BIT "A U ~-.}' ,.l"ci- o ~~ <0 ~'t- \<0 R-<V" ~"'J \.."< CP~ ,~ OR tORf\~O\N ~~ ~~ ~O'-N:'( e. 5 221) ~ ~'S~~' \..~R~ 2510. ~~'. 50)09 ~.;; x-. 'V ~D .e. e 21. 6A--6"\ o ~~ ~~. ~"\A-9A-- ~'?- 00 o\~ 1T (l~" G, ~, "" ~ MONUMENT SIGN~ """" () ~ -""""I"-- ....J N 0) CO I") 0) -. I 0 --' ..- N a. '"1 N ON I Q.. :; I- ~ 0 O ~ 0 ",N - .~ :::> cq f- > ~ z ........ w W """"~ ....J ..- :::::> CO ; g: <( 0 ~ ~Q...;::.. <(to"""" > ~ ~ ___ 1'0 0 trio.. Oei. <( ........ g o N~ ,.., ..- ::::2: LLI")........ W0"""" Z 0.. g Z .0 <( 3 0... (j) '"1 ~ (j) ci '" W ........ a:i () ~ Z ........ - 0:: a. o (Xl~ rti EXISTING 20' PUBLIC UTILITY EASEMENT (INSTRUMENT #200412220199793) ~ N -...J N -I>-~ PARCEL A (INSTRuMENT #200412220199793) (/) U1 ~ VI o~ N (Xl :: ('Tl ~ U1 N (Xl to ENCROACHMENT EXHIBIT COURTHOUSE MARKETPLACE VIRGINIA BEACH, VIRGINIA a~ \].J engineering services, inc. Civil Engineering - Land Surveying 3351 Stoneshore Road, Virginia Beach, VA. 23452 (757) 468-6800 FAX (757) 468-4966 E-mail: email@esiofva.com Date 03/28/05 Pro'ect 02300 Scale: '''=50' Drawn B DMV Drawin Name Surveys\02300Ex'.dwg M:\02\300\Surveys\02300Ex1.dwg, 3/31/2005 8:06:55 AM, 1:1 ..q- a I t'-- ~ , c() a S: N U 1 Ul I:ll <D N :> en '5 D c Q:! 0 Z '(i5 .,Q1 Ul "5 <D 0 a:: 0 \- lL Ul U Z a u z \' ~ I.!) t! t;- <.f) Co \- Z Ul L :::::> z a L u.. ...... 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",0 0" o~ U"(ii ~::l ~~ :;:;" ~.s ~~ ffi<= S:;'~ ..., mOl o O.r:: '" ~'C ~9 OClJ 0..0 UJ C ~ ~ ~~ ~~ ~8 ;);0 -~ ~ ~g. 0..- z u t ~ ffi5 ~ N ~~ ~ ~ ~5 "''0 ;:::~ 9fij <.5'(;; 0 Ol CO Ul: ';'6 fin ().r: Z e 5 g c;::'C -g E ~:E 2=1- U <D -g- a... ~ o o N () .~ STATE CORPORATION COMMISSION 1?jclimond, JIpri[ 25, 2003 rr'liis is to certify tliat tlie certificate of organization of Courthouse Marketplace, l.l.C. was tliis day issued and admitted to record in tliis office and that tlie said Cimited Cia6iCity company is autliorized to transact its 6usiness su6ject to a[[ Virginia Caws appCica6[e to tlie company and its 6usiness. Pffective date.' JIpri[ 25, 2003 State Corporation Commission jIttest.' ~n CIS0313 ()O , ARTICLES OF ORGANIZATION OF COURTHOUSE MARKETPLACE, L.L.C. Pursuant to Chapter 12 of Title 13.1 of the Code of Virginia of 1950, as amended, the undersigned states as follows: 1. The name of the limited liability company is Courthouse Marketplace, L.L.C. 2. The address of the initial registered Virginia is 1435 Crossways Boulevard, Suite 200, Virginia 23320. Such office is located in the City of Virginia. office in Chesapeake, Chesapeake, 3. The registered agent's name is David Y. Faggert, whose business address is identical with the registered office. The registered agent is an individual who is a resident of Virginia and a member of the Virginia State Bar. 4. The post office address of the principal office where the records will be maintained pursuant to Virginia Code Section 13.1-1028 is c/o Courthouse Marketplace, L.L.C., 1435 Cross\<lays Boulevard, Suite 300, Chesapeake, Virginia 23320. 5. The period of the limited liability company's duration is perpetual. IN WITNESS WHEREOF, I have hereunto set my hand, this 23rd day of April, 2003. G:\Temp\courthouse-ao.doc OPERATING AGREEMENT OF COURTHOUSE MARKETPLACE, L.L.C. THIS OPERATING AGREEMENT (the "Agreement"), dated as of April 25, 2003, is made by and between DAVID Y. FAGGERT ("Faggert") and JOANN B. FAGGERT (" J. Faggert"). ARTICLE 1 DEFINITIONS "Capi tal Account" means the capital account maintained for each Member in accordance with Section 704 of the Internal Revenue Code of 1986, as amended (the "IRC"). "Capital Transaction" means any sale, exchange, refinancing, condemnation or other disposition of any portion of the LLC IS assets. "Manager" means Faggert. "Members" means Faggert and J. Faggert and any parties who execute an agreement agreeing to be bound by the terms hereof and any additional or substitute member. "Net Cash Flow from Operations" operating revenues less cash operating determined by the Manager. means the LLC's cash expenses and reserves "Net Proceeds from a Financing" means the excess net cash proceeds from a borrowing less all costs and reserves determined by the Manager. "LLC" means Courthouse Marketplace, L.L.C. "Ownership Interests" means the percentage interest of a Member in the LLC. The initial Ownership Interests are the amounts of cash or the property as agreed upon with the Manager on the date such Member executed this Agreement. "Prime Rate" means the prime rate of Bank of America, N.A. in effect from time to time. "Property" means those certain parcels of real estate situated in the City of Virginia Beach, Virginia which are more particularly described on Exhibit "A" attached hereto and made a part hereof. "Pro Rata" means an allocation based upon Ownership Interests. 1 ARTICLE 2 FORMATION OF LIMITED LIABILITY COMPANY The Members hereby form a limited liability company (the "LLC") pursuant to the Virginia Limited Liability Company Act, (the "Act") Section 13.1-1000, et seq., of the Code of Virginia of 1950, as amended (the "Va. Code"). ARTICLE 3 NAME AND ADDRESS OF BUSINESS, REGISTERED AGENT AND MANAGER The name of the LLC is Courthouse Marketplace, L.L.C. and its principal place of business is 222 Central Park Avenue, Suite 1300, Virginia Beach, Virginia 23462. The registered agent and Manager of the LLC is David Y. Faggert, 222 Central Park Avenue, Suite 1300, Virginia Beach, Virginia 23462. ARTICLE 4 PURPOSE The LLC I s business and purpose shall consist solely of the following: (i) To own, operate and manage the Property pursuant to and in accordance with this Agreement; and (ii) To engage in such other lawful activities necessary or convenient to the conduct, promotion or attainment of the business or purposes otherwise set forth in this Agreement. ARTICLE 5 TERM OF LLC The term of the LLC shall be perpetual unless sooner termi- nated pursuant to the terms hereof. ARTICLE 6 CAPITAL CONTRIBUTIONS AND ADVANCES Each Member shall contribute to the initial capital of the LLC the amount of cash or the property as agreed upon with the Manager on the date such Member executed this Agreement. No interest shall be paid on any capital contribution and no Member may withdraw any capital contribution without the consent of the Manager. No Member shall be obligated to make any capital contribution in excess of those initially required by this Agreement and any advance of money by a Member to the LLC, unless otherwise agreed, shall be a loan repayable on demand, bearing 2 interest at a fluctuating annual rate of two percent (2%) above the Prime Rate. ARTICLE 7 DISTRIBUTIONS 1. No Member shall have the right to demand the return of his capital contributions prior to the termination of the LLC, unless agreed to by the Manager. 2 . Net Cash Flow from Operations shall be distributed to the Members in accordance with the Members' Ownership Interests not less frequently than annually. 3. Net Proceeds from a Financing or a Capital Transaction to the extent not otherwise reasonably required for the operation of the business of the LLC or for LLC reserves, and any cash arising from the reduction of LLC reserves that were previously funded from proceeds of Capital Transactions, shall be distributed to the Members in accordance with the Members' Ownership Interests. ARTICLE 8 PROFITS AND LOSSES Income and loss and all items of tax credit shall be allocated Pro Rata to the Members. ARTICLE 9 THIRD PARTIES No person or entity shall be considered a Member unless named in this Agreement, or unless admitted to the LLC as a Member as herein provided. No Member other than the Manager shall have the authority to bind the LLC except as provided for in this Agreement or unless he is specifically authorized in writing to do so by the Manager. If any Member shall, without authority, bind or attempt to bind, the LLC, he shall indemnify the LLC and/or the other Members for any loss suffered or expense incurred by the LLC in connection therewith. 3 ARTICLE 10 BOOKS AND RECORDS The Manager shall maintain or cause to be maintained at the principal office of the LLC the information and records required by Section 13.1-1028 of the Va. Code. ARTICLE 11 MANAGEMENT AND RIGHTS, DUTIES AND OBLIGATIONS OF MEMBERS A. The Manager shall have complete power and authority for the management and operation of the LLC' s assets and business (including the borrowing of money and the incurring of indebtedness and the sale, encumbrance or other disposition of any or all of the LLC' s assets, including real property), and may delegate any aspect of his authority to one or more persons. B. The LLC shall have such agents, officers and other representatives as the Manager shall determine. The selection, removal, compensation, duties, terms and all other matters relating to such agents, officers and representatives shall be within the sole power and authority of the Manager. C. The Manager, while acting on behalf of the LLC, shall not be liable for any act or omission performed or omitted by it in good faith. The Manager shall be liable for action on behalf of the LLC only for fraud or willful misconduct. To the extent of the net assets of the LLC, the LLC shall indemnify and save harmless the Manager from any loss or damage incurred by it by reason of its acts or omissions performed or omitted in good faith for or on behalf of the LLC. D. Only the signature of the Manager is required to execute and deliver on behalf of the LLC any instrument, including, but not limited to, any deed, deed of trust, bill of sale, promissory note, lease agreement, financing statement, contract of sale, or other instrument purporting to conveyor encumber, in whole or in part, any or all of the assets, including real property, of the LLC, or at any time held in its name. No other signatures shall be required. E. Any Member may engage in or possess an interest in other business ventures of every nature and description, independently or with others, including, but not limited to, the ownership, financing, leasing, operating, managing, or developing of real property, whether or not such real property is in competition with the business of the LLC. Neither the LLC nor the any of the Members shall have any rights by virtue of this Agreement in or to such independent ventures. 4 F. Nothing contained herein shall be deemed to prohibit the LLC from entering into a contract with any Member, or an affiliate of any M~mber, for the sale of goods to, or the performance of servlces for, the LLC, if (and only if) the compensation paid for such goods or services is at a commercially reasonable and competitive rate and the other terms of the contract are at least as favorable to the LLC as would be obtainable in an arms-length transaction. As used in this Article 11, "affiliate" shall mean any person or entity who directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with a Member. ARTICLE 12 WITHDRAWAL, DISSOLUTION AND WINDING UP A. No Member shall have the right or power to (i) cause the dissolution and winding up of the LLC by court decree or otherwise, (ii) withdraw or resign from the LLC, or (iii) require a partition of the LLC's assets or the redemption of its interest in the LLC. B. The LLC shall be dissolved and wound up upon the occur- rence of anyone of the following events: (i) the sale of all or substantially all of the LLC's property, real and personal; (ii) the expiration of the term set forth in this Agreement or (iii) the occurrence of an event causing dissolution under the Act unless the remaining Members holding a majority-in-interest of the interests of the LLC elect to continue the business of the LLC. ARTICLE 13 ASSIGNABILITY OF MEMBERS' RIGHTS AND INTERESTS No Member may assign, sell, encumber, transfer or otherwise dispose of all or any portion of his interest in the LLC without the prior written consent of the Manager. All costs and expenses relating to any permitted transfer shall be paid by the assignor and may be offset against any LLC distribution. Any permitted assignee shall only become a substituted Member after paying all costs and expenses of the substitution, agreeing to be bound by the terms of this Agreement, and upon the agreement of the Members owning at least a majority of the Ownership Interests of the LLC. The transfer of an interest shall not release the assignor from any liability to the LLC. 5 ARTICLE 14 AMENDMENTS Except as otherwise provided herein, this Agreement may be amended by the Members in any manner wi th the approval of the Manager and of Members owning a majority-in-interest of the Ownership Interests in the LLC; provided, however, that any amendment to this Agreement that would adversely affect the federal income tax treatment to be afforded a Member, adversely affect the liabilities of a Member, modify any consent and approval rights reserved by the Members or change the method of allocation of income, loss, gain, deduction, credit, liabilities or the distribution of funds available for distribution, shall require the approval of the Member affected. For the purpose of complying with this Agreement, each Member (and substituted Member) does hereby constitute and appoint the Manager, with full power of substitution as his irrevocable true and lawful attorney-in-fact coupled with an interest, for him and in his name, and on his behalf, to sign, and/or swear under oath and/or acknowledge (i) any amendment to this Agreement for the purpose of admitting any new Member (ii) to execute any instruments necessary to admit a new Member or to transfer an Ownership Interest, (iii) to carry out any purpose of this Agreement and (iv) such other instruments as the Manager deems advisable. ARTICLE 15 MISCELLANEOUS A. Any notice provided hereunder shall be deemed given when delivered or two (2) days after being sent by registered or certified mail to a Member at his address shown on the documents which each Member executes in order to become a Member of the LLC, or at such other address as may be specified in writing to the LLC at its principal office in accordance with this paragraph. B. This Agreement constitutes the entire operating agreement of the LLC and supersedes any prior agreements, whether written or oral, respecting the subject matter hereof. C. If any provision of this Agreement shall be held to be invalid or unenforceable, the remaining provisions of this Agreement shall nevertheless remain in full force and effect. D. This Agreement construed and enforced Commonwealth of Virginia. is in made in accordance and shall with the be governed, laws of the 6 E. When the context in which the words used in this Agreement indicate that such is the intent, words in the singular number shall include the plural and vice versa, and words in the masculine gender shall include the feminine and neuter genders and vice versa. F. This Agreement shall be binding upon the Members, and, if and when assigned in accordance with the provisions hereof, their respective assigns, successors, representatives, estates, heirs or legatees. WITNESS the following signatures (SEAL) (SEAL) 7 EXHIBIT "A" TO OPERATING AGREEMENT DATED APRIL 25, 2003 OF COURTHOUSE MARKETPLACE, L.L.C. Members Initial Cash Capital Contribution David Y. Faggert 222 Central Park Avenue, Suite 1300 Virginia Beach, VA 23462 $ 99.00 Percentage Interest 99.0% JoAnn B. Faggert 222 Central Park Avenue, Suite 1300 Virginia Beach, VA 23462 1. 00 $100.00 S:\Clients\Slll\002\OPERATING AGREEMENT-09-09-04.doc 8 1. 0% 100.0% EXHIBIT "A" PROPERTY DESCRIPTION PARCEL ONE PARCELS A and C: ALL THOSE certain lots, pieces or parcels of land, buildings and improvements thereon, situate, lying and the City of Virginia Beach, Virginia, and being known, and designated as PARCEL "A" and PARCEL "c" as shown on entitled "SUBDIVISION OF PROPERTY OF JOHN M. BURGESS, ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA", dated July 30, made by W.B. Gallup, Surveyor, which said plat is duly in the Clerk's Office of the Circuit Court of the Virginia Beach, Virginia in Map Book 80 at page 53. wi th the being in numbered the plat PRINCESS 1969 and recorded Ci ty of PARCEL B: ALL THAT certain tract, piece or parcel of land, situate, lying and being in the Princess Anne Borough of the City of Virginia Beach, Virginia and being more particularly designated as Parcel "B" 1.48 acres on the certain plat entitled "SUBDIVISION OF PROPERTY OF JOHN M. BURGESS, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA," which plat is dated July 30, 1969, and recorded in Map Book 80, at page 53, and was made by W. B. Gallup, Surveyor, and which property is more particularly bounded and described according to said plat as follows: BEGINNING at a pin on the Western edge of the right-of -way of Princess Anne Road, which pin is located .65 miles more or less from the intersection of said Princess Anne Road with North Landing Road, and from said pin running thence S 30 0 49' W. 609.47 feet to a pipe; thence turning and running N 40 0 27' W. 41.24 feet to a pipe; thence continuing and running N 40 0 27' W 69.28 feet to a point; thence turning and running N 30 0 22' E 600.46 feet to a pipe at the Western edge of Princess Anne Road; thence turning and running S 45 0 35' E 112.54 feet to a pipe; being the point of beginning, less and except that certain piece or parcel dedicated to the City of Virginia Beach, Virginia for road purposes. PARCEL TWO ALL THAT certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in Seaboard Magisterial District, Virginia Beach, formerly Princess Anne County, Virginia, at or near Princess Anne Courthouse consisting of Parcel No. 1 and the eastern part of Parcel No.2, shown and designated on a certain 9 plat and survey thereof, made by Frank D. Tarrall, Jr. & Associates, Surveyor, June 15, 1948 and recorded in the Clerk's Office of the City of Virginia Beach, Virginia in Map Book 23 at page 3, by which the said property is more particularly bounded and described as follows: Beginning at a point in the Southern line of the right of way of the highway for Norfolk to Princess Anne Courthouse in the dividing line between Parcels One (1) and Two (2) as shown on said plat and from said point extending along the right of way of said highway South 45 degrees 35 minutes 10 seconds East 149.90 feet to a point in the line of the property of Nicholson; thence along the center line of a ditch separating this property from property of Nicholson South 30 degrees 15 minutes 50 seconds West 629.43 feet to a point; thence North 39 degrees 32 minutes 30 seconds West 36.13 feet to a point in the center line of another ditch; thence along the center line of the last mentioned ditch South 46 degrees 39 minutes 40 seconds West 1061. 50 feet to a point in the center line of an intersecting ditch separating this property from the property of Saneca; thence along the line of the property of Saneca North 55 degrees 38 minutes 50 seconds West 163 feet, more or less, to the center line of a ditch running Northeasterly through the above parcel of land; thence Northeasterly along the center line of the last mentioned ditch North 46 degrees 39 minutes 40 seconds East to a point in the center line of a ditch running North 39 degrees 32 minutes 30 seconds West from the angle shown on the said plat in the Eastern line of the property hereby conveyed, the distance of said angle being shown as 36.13 feet; thence South 39 degrees 32 minutes 30 seconds East to a point intersecting the line running South 30 degrees 22 minutes 00 seconds West from the point of beginning; thence North 30 degrees 22 minutes 00 seconds East to the Southwest corner of Parcel No. One (1) shown on the aforesaid plat, and continuing North 30 degrees 22 minutes 00 seconds East along a ditch forming the Western boundary of Parcel No. One (1) as shown on said plat 350 feet to the point of beginning. LESS, SAVE AND EXCEPT 0.065 acres conveyed to the City of Virginia Beach by Deed dated August 18, 1992 and recorded in the aforesaid Clerk's Office in Deed Book 3133 at page 1312. PARCEL THREE ALL THAT certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in Princess Anne Borough in the City of Virginia Beach, Virginia, consisting of the western part of Parcel No. 2 as shown on that certain plat entitled, II Physical Survey of Property of William A. Cooper, II made by Frank D. Tarrall, Jr. and Associates, June 15, 1948 and recorded in Map Book 23 at page 3 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and more particularly bounded and described as follows, to-wit: 10 .' Beginning at a point in the southern line of the right of way of the highway from Norfolk to Princess Anne Courthouse in the western line of Parcel 2, as shown on the aforesaid plat, and in the eastern line of the property of Hicks in the center line of a ditch, and from said point extending along the center line of said ditch South 29 degrees 12 minutes 30 seconds West 615.38 feet to a point in an intersecting ditch; thence along the center line of the last mentioned ditch North 40 degrees 19 minutes West 59.48 feet to a point in the center line of another ditch; thence continuing along the center line of the last mentioned ditch separating the property hereby conveyed from the property of Hicks South 46 degrees 29 minutes 10 seconds West 1136.75 feet to a point in the center line of another ditch separating the property hereby conveyed from the property of Seneca; thence along the center line of the last mentioned ditch separating the property hereby conveyed from the property of Seneca South 55 degrees 38 minutes 50 seconds East 164.22 feet, more or less, to the center line of a ditch separating the property hereby conveyed from the property conveyed by William A. Cooper and wife to Horace W. Kea and wife, by deed dated April 24, 1950, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County); thence northeasterly along the center line of the ditch separating the property hereby conveyed from the property heretofore conveyed to Kea as aforesaid North 46 degrees 39 minutes 40 seconds East to a point in the center line of a ditch running North 39 degrees 32 minutes 30 seconds West from the angle shown on the said plat in the Eastern line of the property conveyed by William A. Cooper and wife to Kea as aforesaid; thence South 39 degrees 32 minutes 30 seconds East to a point intersecting a line running South 30 degrees 22 minutes 00 seconds West from the dividing line between Parcels 1 and 2 as shown on the said plat, which dividing line commences at the edge of the aforesaid highway; thence North 30 degrees 22 minutes 00 seconds East continuing along the dividing line between the property hereby conveyed and the property conveyed by William A. Cooper and wife to Kea as aforesaid to the southwest corner of Parcel I, as shown on the aforesaid plat, and continuing along the Western boundary of said Parcel I, which is the western boundary of the line of the property conveyed by William A. Cooper and wife, to Kea as aforesaid, North 30 degrees 22 minutes 00 seconds East along a ditch forming the western boundary of said Parcel 1 350 feet to the edge of the highway from Norfolk to Princess Anne Courthouse; thence along the edge of the right of way of said highway North 45 degrees 35 minutes 10 seconds West 157.05 feet to the point of beginning; being the Western part of Parcel No. 2 as shown on said plat. LESS, SAVE AND EXCEPT 0.041 acres acquired by the City of Virginia Beach in Certificate No. 1277 as described in Deed Book 3116 at page 411 and in Order recorded in Deed Book 3245 at page 949. 11 City of Virginia Beach DEPARTMENT OF PLANNlNG (757) 427-4621 (757) 426-5801 (DIRECTOR) (757) 563.1762 FAX OPERATIONS BUR-DING. ROOM lIS 240S COURTHOUSE DRIVE MUNICIPAL CENTER VIRGINIA BEACH. VIRGINIA 23456-9019 September 30, 2004 Brian R. Lucas, Assistant Development Manager Armada Hoffler 222 Central Park Avenue, Suite 2100 Virginia Beach. Virginia 23462 RE: Certificate of Appropriateness #01-04b - Proposed Retail Development of Courthouse Marketplace -located on property at the northwest comer of Princess Anne Road and Nimmo Parkway Dear Mr. Lucas: In accordance with the Historic Review Board's recommendation, your request for a Certificate of Appropriateness (COA) for development of a retaY center (please see attachment) has been approved. The retail center wit be located at the intersection of the northwest comer of Princess Anne Road and Nimmo Parkway, on properties with GPINs 1494-64-7111; 1494-63-6417, 1494-63-4587, 1494-63-1439 and 149-63-3867. The approval applies to the following attached exhibits: Building Materials: . The brick will complement the Municipal Center in color, texture and coursing. . The Clapboard will be selectiVely used throughout the development to breakup large expanses of brick and will be of a material similar in quality as Hardiplank. The wood, faux wood, reinforced fiberglass panels and EIFS detailing for the building cornices, balusters, window sills/head, dentil moldings, columns and other features will be of similar color and style to the Municipal Center. . Shingles will be architectural roofing shingles as used on the City's Juvenile Detention Building. . Windows will have applied muntins used with patterns similar to the Municipal Center in keeping with the architectural style and design presented in the submitted rendering. LETTER: Brian Lucas September 30, 2004 Page 2 Building Mounted Signage: . All signs are to be externally lit. No neon shall be visible from the exterior. . Sign letters will be individually fastened to the structure. . Emblems or logos may be used in conjunction with the sign letters. . Signage panels shall be synthetic material to simulate wood. Paint colors will be from the Benjamin Moore Historic Color palette Monument Entrance Signs: . Exterior material will be high-density urethane with a polyarmour hardcoat surface, painted off- white to match the retail center buildings. . Paint colors will be from the Benjamin Moore Historic Color palette Light Fixtures: . The exterior lighting fIXtures from the WLS Lighting Systems, 748 series with a decorative arm and a black finish. Landscape Plan: . 10 additional American Holly trees shall be added to the landscaping in the front promenade. Each outparceI for this site is also subject to review and approval by the Historical Review Board and the Director of Planning for aU future development activity before a building permit can be issued. A Certificate of Appropriateness #01-o4a, dated April 1, 2004, for the demolition of the existing structures located on the proposed development site of Courthouse Marketplace has already been approved and its conditions met. This COA replaces the Preliminary COA issued May 3, 2004 for this project. If we can be of further assistance, please contact Robert Davis of my staff at 427-8613. Sincerely, 1UJ-9. ~.:tf Robert J. Scott Planning Director c: Current Planning Ron Frink, DSC - 42- PLANNING ITEM # 53855 1. VICTORYCHAPEL MODIFICATIONOF CONDITION No.3 of CONDITIONAL USE PERMIT (APPROVED: August 12, 2003) 2. CSM, L.L.c. CHANGE OF ZONING 3. BAY BREEZE CONDOMINIUMS, INC. STREET CLOSURE April 26, 2005 - 43- Item K.I. PLANNING ITEM # 53856 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED IN ONE MOTION Items 1 (DENIED), 2 (DEFERRED), and 3 of the PLANNING BY CONSENT AGENDA. Item 2 was DEFERRED, BY CONSENT, until the City Council Session of May 10, 2005.. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. OberndorJ, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson Vice Mayor Jones ABSTAINED on Item K.l. (Victory Chapel), as he is the owner of property within close proximity of that in the application. April 26, 2005 - 44- Item K.1. PLANNING ITEM # 53857 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council DENIED the Ordinance upon application of VICTORY CHAPEL for the Modification of Condition No.3 on a Conditional Use Permit re a nonconforming sign approved by City Council on August 12, 2003: ORDINANCE UPON APPLICATIONOF VICTORY CHAPEL FOR THE MODIFICATION OF CONDITIONS FOR A CONDITIONAL USE PERMIT APPROVED BY CITY COUNCIL ON AUGUST 12,2003, Ordinance upon Application of Victory Chapel for the Modification of Conditions for a Conditional Use Permit approved by City Council on August 12, 2003, Property is located at6644 Indian River Road (GPIN 14560509420000). DISTRICT 2 - KEMPSVILLE Voting: 9-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, and James 1. Wood Council Members Voting Nay: None Council Members Abstaining: Vice Mayor Louis R. Jones Council Members Absent: Rosemary Wilson Vice Mayor Jones ABSTAINED on Item K.1. (Victory Chapel), as he is the owner of property within close proximity of that in the application. April 26, 2005 - 45 - Item K.2 PLANNING ITEM # 53858 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council DEFERRED, until the City Council Session of May 10, 2005, Ordinance upon application of CSM, L.L. C. for a Change ofZoninf! District Classification ORDINANCE UPON APPLICATION OF CSM, L.L. c. FORA CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-18 APARTMENT DISTRICT TO R-5S Ordinance upon Application of CSM, LL C. for a Chanf!e of Zoning District Classification from A-18 Apartment District to R-5S Residential Single Family District on property located on the east side ofRosemont Road, 295 feet south of Bancroft Drive (GPIN 14866502900000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. The purpose of the zoning change is to develop the site with a dwelling. DISTRICT 3 - ROSE HALL Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson April 26, 2005 - 46- Item K.3. PLANNING ITEM # 53859 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED, subject to compliance of conditions by July 26, 2005, Ordinance upon application of BAY BREEZE CONDOMINIUMS, INC. for the discontinuance, closure and abandonment of a portion of Summerville Court: Ordinance upon application for the discontinuance, closure and abandonment of a portion of Summerville Court beginning at a point 250 feet north of its intersection with Carver A venue and running 46.99 feet in a northerly direction (DISTRICT 6 - BEACH). The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlyingfee, The applicant shall dedicate certain right-of way to the City for a turn space at the new terminus of Summerville Court. The net area of right-ofway being closed and vacated by the City, in excess of the area of right-of way being dedicated to the City by the applicant, will be purchased from the City. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures. " 2, The applicant is required to construct a turn space at the new terminus of Summerville Court at no cost to the City of Virginia Beach. A construction plan for the turn space must be approved and bonded through the Development Services Center of the Planning Department prior to recordation of the street closure plat, The construction plan shall include a row of evergreen shrubs (three (3) tofour (4)feet in height) to beplanted along the northern and western edge of the turn space to provide a screen for the proposed condominiums. 3. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 4. The applicant is required to verifY that no private utilities exist within the right-ofway proposed for closure. Preliminary comments from the utility companies indicate that there are private utilities within the right-ofway proposedfor closure and' an easement satisfactory to the utility company must be provided. April 26, 2005 - 47- Item K.3. PLANNING ITEM # 53859 (Continued) 5, Closure of the right-of way shall be contingent upon compliance with the above stated conditions within 365 days * of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of way, this approval shall be considered null and void. *Compliance with the above conditions is extended ninety (90) days to July 24, 2005. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson April 26, 2005 ORDINANCE NO. 2 AN ORDINANCE EXTENDING THE DATE FOR 3 SATISFYING CONDITIONS IN THE MATTER OF 4 THE CLOSING, V ACA TING AND 5 DISCONTINUING OF A PORTION OF 6 SUMMERVILLE COURT, UPON THE 7 APPLICATION OF BAY BREEZE 8 CONDOMINIUMS, INe. 9 WHEREAS, on Apri127, 2004, the Council of the City of Virginia Beach acted upon the 10 application ofthe Bay Breeze Condominiums, Inc. for the closure of portion of Summerville Court; 11 WHEREAS, on April 27, 2004 the Council adopted an Ordinance to close the aforesaid 12 street, subject to certain conditions being met on or before April 26, 2005; and 13 WHEREAS, on AprilS, 2005, the applicant requested that they be granted an extension or 14 time to satisfy the conditions attached to the aforesaid street closure. 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 That the date for meeting conditions of closure as stated in the Ordinance adopted 011 Apri I 18 27,2004, upon application of the Bay Breeze Condominiums, Inc., is extended to July 26,2005. 19 GPIN: 1455-68-3796-0000 20 Adopted by the Council of the City of Virginia Beach, Virginia, on the 26 day of 21 April 22 CA-9524 23 24 25 ,2005, I [ \OID\REAL ESTATE\Strcct Closure\Bay Breeze ca9524.ext.ord,doc Date: 4/18/05 Rl 26 27 28 29 30 31 APPROVED AS TO CONTENT: ~ s.f-l1-oS" Planning Department A~T~UFFICIENCY: City Attorney's Office ~. . CROSSHA TCHEf) AREA REPRESD.....J AREA OF SUMMERVILLE COURT TO BE CLOSED BY THE VIRGINIA BEACH CITY COUNCIL AREA=810 s.F. OR 0.019 ACRE CAR~R A ~NUE r"'';'1'F1''''''''''''1 SHADED AREA REPRESENTS AREA TO Be (FORMERL Y UNNAMED STREET) :)~}~~{~~~~~);~;~i~;n)~ DED/CA TED TO THE CITY OF VIRGINIA (30' R/W) t~*t~tt?i~~t\1.(M~~r; BEACH. VIRGINIA FOR R/W PURPOSES (M.B. 18. Pc. 39) ...,.....,........,...,.,.............,.............,...'. AREA=398 s.F. OR 0.009 ACRE NO TE: THIS PLA T WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND MA Y NOT SHOW ANY/ALL EASEMENTS OR RESTRICTIONS THA T MA Y AFFECT SAID PROPERTY AS SHOWN. EXHIBI T f1' PLA T SHOWING PORT/ON OF SUMMERVILLE COURT TO BE CLOSED BY THE VIRGINIA BEA CH CITY COUNCIL VIRGINIA BEACfI, VIRGINIA BL OCK 1 (M.B. 18. Pc. 39) LOT 8 PT. GPIN: 2417-56-3442 t \~ \ ~ '- + ~E \2 ""'~ c:i (..) II) c;:;- ~ tr) ll,J ~ ~ ~ -t- -l~~~ ~;t. to ~~g- ~ ).. --.:. n::i eJe5 ~ ~~ ~~ ~ LOT 8 GPIN: 2417-56-1434 '+\b o 0 o . c:i I::) Ie) K t'\j t'\j -t- r-rw. t/1.1/0tJ BLOCK 2 (M.B. 18, Pc. 39) ~ PROPOSED R/W LINE ~ AREA TO BE DEDICA TED TO THE CITY OF VIRGINIA BEACH. VA. FOR R/W PROPOSED R/W LINE N 74"49'51. W LOT 7 PT. GPIN: 2417-56-3442 ~-------------------- PORTION OF SUMMERVILLE COURT TO BE CLOSED BY THE VIRGINIA BEACH CITY COUNCIL LOT 9 GPIN: 2417-56-1520 30.15' . S 74 "49 '51" E PARCEL 1 (M.B. 202, PG, 47) GPIN: 2417-56-2566 EXIST. R/W LINE (M.B. 18, PG. 39) REVISED: 02/27/04 REVISED: 02/26/04 GRAPHIC SCALE o 10 20 40 60 ~L_~~>Bt~ "'. ROOD & SMITH P.C. LAND SURVEYORS SCALE: TEl: 757.466. 1111 DATE: FAX: 757.466.9384 REF: 56,9758 1 "=20' DRAWN BY: W. W.L. 10 14 03 10-09-03 56975.RAW M.B. 18, PG. 39 5737 BARTEE STREET NORFOLK,VA 23502 EXHIBIT nAil Item V-L.l. - 48- APPOINTMENTS ITEM # 53860 BY CONSENSUS, City Council RESCHEDULED: COMMUNITY POLICY AND MANAGEMENT TEAM - CSA - AT RISK COMMUNITY SERVICES BOARD FRANCIS LAND HOUSE BOARD OF GOVERNORS INVESTMENT PARTNERSHIP ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL OPEN SPACE SUBCOMMITTEE PARKS AND RECREATION COMMISSION PERFORMING ARTS THEATRE ADVISORY COMMITTEE SHORE DRIVE COMMITTEE TOWING ADVISORY BOARD April 26, 2005 - 49- Item V-L.2. APPOINTMENTS ITEM # 53861 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Jim Reeve Unexpired to 6/30/05 7/1/05 - 6/30/07 HAMPTON ROADS PLANNING DISTRICT COMMISSION Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson April 26, 2005 - 50- Item V-L.3. APPOINTMENTS ITEM # 53862 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Mary Redd Nelson 4/1/05 - 3/31/08 REAPPOINTED: Vicky Gray 4/1/05 - 3/31/08 HEALTH SERVICES ADVISORY BOARD Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson April 26, 2005 - 51 - Item V-L.4. APPOINTMENTS ITEM # 53862 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: William A. Dyson J.P. Godsey 4/1/05 - 3/31/08 HUMAN RIGHTS COMMISSION Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson April 26, 2005 - 52- Item V-L.5. APPOINTMENTS ITEM # 53863 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Robert W. Hall 3/1/05 - 2/28/08 PERSONNEL BOARD Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E, Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson April 26, 2005 - 53- Item V-L.6. APPOINTMENTS ITEM # 53864 Upon NOMINA TION by Vice Mayor Jones, City Council REAPPOINTED: Rosemary Wilson 4/1/05 - 3/31/06 THE PLANNING COUNCIL Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson April 26, 2005 - 54- Item V-L. 7. APPOINTMENTS ITEM # 53865 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Jim Wood Unexpired to 6/30/06 TIDEWATER TRANSPORTATION DISTRICT COMMISSION Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E, Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson April 26, 2005 - 55 - Item V-D. ADJOURNMENT ITEM # 53866 Mayor Meyera E, Oberndorf DECLARED the City Council Meeting ADJOURNED at 9:13 P.M. c;J~__t2~_((~~~(~ Beverly t5! Hooks, CMC Chief Deputy City Clerk a.~~ ~;ges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia April 26, 2005