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JUNE 26, 2001 MINUTESJune 26, 2001 I. CITY MANAGER'S BRIEFINGS - Conference Room - 2:30 PM mo E-GOV COMMISSION PROGRESS David Sullivan, Chief Information Officer o Video Streaming of Council Meetings E-Community Principles B U. S. FIELD HOCKEY AGREEMENT Sara Hensley, Director, Department of Parks and Recreation II CITY COUNCIL PRESENTATION A HAMPTON ROADS WORKFORCE DEVELOPMENT INITIATIVE Andrew Fine, Chairman, Hampton Roads Workforce Development Board Roy Budd, President and CEO, Opportunity, Inc. III REVIEW OF AGENDA ITEMS IV. CITY COUNCIL COMMENTS V INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER- Mayor Meyera E Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Dr. Roger Purce, Pastor Presbytery of North Down, Ireland 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 & FORMAL SESSIONS - June 12, 2001 2. SPECIAL SESSION - June 19, 2001 G. AGENDA FOR FORMAL SESSION The Consent Agenda wJllbe determined duting tlte fingenda li~e~Jew Session ami consJdennf itt the ordinary course o[ business by City Council to be enacted by one motion. H BID OPENING OPENING OF SEALED BIDS Multi-Use Recreational Fields I. PUBLIC HEARINGS 1. UNITED STATES FIELD HOCKEY NATIONAL TRAINING CENTER 2. CITY CODE AMENDMENT to {}21-429 re TOWING J. ORDINANCES/RESOLUTION 1 Ordinances re Multi-Use Recreational Fields: ao ACCEPT and AWARD BIDS pursuant to a joint use and cost participation agreement which includes a First Class Training Facility for a national caliber Women's Sports Team for national and international competition, allow other compatible public uses, and, authorize the City Manager to execute the Agreement bo AMEND the scope and financing sources of the Multi-Use Recreational F~elds, TRANSFER $264,719 to the project from the FY 2000-01 operating budget of the Department of Parks and Recreation; and, the total programmed cost of the project be reduced to $2,744,719. 2. Ordinances to AMEND the City Code: o , o o a. 5 6-9 re riding bicycles and other pedal-powered vehicles on the Boardwalk bo 5 6-122 2 re consenting to blood or breath testing in Boating Under the Influence cases c. Appropriate sections of Chapter 7, ADDING 5 7-49.1 re bicycles and mopeds do 55 21-31, 21-51, 21-296 and 21-360 re bringing motor vehicles into conformity with state law re funeral processions, license plates and school crossing guards eo ADDING 5 21-112 re warning devices required on self-propelled vehicles selling products f. 5 21-206 re weighing vehicles and unloading excess loads go § 21-207 re liquidated damages for violation of weight limits, storage, disposition, etc., of vehicle and cargo involved in weight violation ho 5 21-344 re reimbursement to emergency response teams for expenses of responding to driving while impaired 5 23-50 re notice required for City cutting excessive growth of weeds or grass on vacant developed or undeveloped privately owned property Ordinance to authorize the City Manager to execute a contract between the Virginia Department of Forestry and the City for forest fire control services in the southern half of the City Ordinance to authorize temporary encroachments into a portion of existing City property known as Lake Wesley at 505 Kerry Lane (Croatan) by WAYNE C. and THERESA B. SAWYER to construct and maintain rip rap, gangway and a floating dock (DISTRICT 6 - BEACH) Ordinances to APPROPRIATE Southeastern Virginia Job Training Administration (SVJTA) funds. $209,435 to the FY 2000-01 operating budget of Social Services re enhancement of employment services and increase federal revenue accordingly bo $65,017 grant to Housing and Neighborhood Preservation re personnel and operating costs for the Care Youth Leadership Camp, effective July 1, 2001; authorize the City Manager to execute a contract with the YMCA to operate the camp; and, increase state revenue accordingly. Ordinance to APPROPRIATE $300,000 from fund balance in Comprehensive Services Act Special Revenue; and, TRANSFER $310,812 from the Reserve for Contingencies for Juvenile Detention to the FY 2000-01 operating budget of the CSA Special Revenue Fund Ordinance to TRANSFER $710,574 from various projects within the FY 2001-2006 Capital Improvement Program (CIP) re the modernization of the Kempsville Elementary School. Ordinance to TRANSFER $197,300 from the Reserve for Contingencies to the FY 2000-01 operating budget of Emergency Medical Services (EMS) re eliminating a deficit resulting from gasoline price increases and unanticipated maintenance costs Ordinance to TRANSFER $45,000 of FEMA maintenance grant funds within the FY 2000- 01 operating budget of the Fire Department re purchase of transport tractors 10 Ordinances re compensation: a. City Manager b City Attomey c. C~ty Clerk d. City Assessor 11 Ordinance re Appointment of Viewers for one-year terms, beginning July 1,2001, to review applications re streets and/or alleys proposed to be altered or vacated 12. Emergency Medical Services (EMS) agency annual permits for area private, municipal and non-profit Organizations ao g. h. i J k 1. Advanced Wheelchair Transport, Inc. Al's Wheelchair Transportation Chesapeake Fire Department Children's Hospital of the Kings Daughters DOCC Transportation, Inc. Eastern Medical Transport Eastern Shore Ambulance Service, Inc. Lifeline Ambulance Service, Inc. Medical Transport, Inc N~ghtingale Regional Air Ambulance Norfolk Fire and Paramedical Serwces Virginia Medical Wheelchmr Transport 13. Resolution re issuance by the Virginia Beach Development Authority of Revenue Bonds for Cape Henry Collegiate School, Inc: mo Industrial Development Authority of Middlesex County, Virginia - not to exceed $10,000,000 bo Industrial Development Authority of Lancaster County, V~rg~nia - not to exceed $4,000,000 14 Tax Refunds: $4,840.17 K PLANNING - NO ACTION ITEMS (The followtng ttems were deferred by the Plannmg Commtsston on ~lune 13, 2001) 1 Apphcattons of WAL-MART REAL ESTATE BUSINESS TRUST (DISTRICT 3 - ROSE HALL) Dtsconttnuance, closure and abandoment, at the southern boundary of Bonney Road, runntng in a southerly dtrectlon of the followlng porttons Avenue E, contatnlng 17,500 square feet Avenue H, contamtng 13,068 square feet Rodrtquez Drtve, contatnlng 16, 500 square feet Wagner Street, contatntng 7,600feet Change of Zomng Dtstrtct Classtficattons from B-2 Communt~ Bustness Dtstrtct and Condtttonal I-1 Heavy Industrial Dtstrtct to Condtttonal B-2 Community Busmess Dtstrlct at the southeast tntersectton of Bonney Road and Rodrtquez Drtve, contammg 22 acres c Condtttonal Use Permtt for an automobtle servtce estabhshment~ contatntng 22 acres 2 AMENDMENTS to the Ctty Zomng Ordtnance a 3~106 re requtrementsfor appeals and vartances to the Board of Zonmg Appeals ~111 by ADDING or DELETING certatn definlttons tncluded In the ordtnance "Alternattve Dtschargtng Sewer Treatment System ", "Flood lnsurance Study," "Floodplatn," "Flood Frtnge," "Floodway," "Gross Acreage," "Prtvate Sewage Treatment Facthty, .... Prtvate Utthttes, " "Regulatory Floodway," "Utthty Installanon (Pubhc or Private)" and "Wetlands" 3~200 provtdtng certain Wetland and Floodplam areas not be included m determining the gross area ora zoning lot and AMENDING the determtnatton of zomng lot d ~239 1 re requtrements and restrtcnons of private sewage treatmentfacthtles ~402 and 3~405 to AMEND dtmenstonal requtrements and alternattve restdenttal development tn AG-I and AG-2 Dtstncts 3~502, .~506 and 3~507 re dtmenstonal requirements for R-40 thru R-5S, Open Space Opttons, and Flex States requtrements g ~'1124 re reqmrementsfor the Land Use Plans tn PD-H2 Ordmance to AMEND 3~4 4 and ~6 1 of the Subdivision Ordinance, ADDING 3~1 5, ~'1 6 and destgn standards and definttlons of Floodplams and Wetlands Ordmance to AMEND the Site Plan Ordinance: I~1 10, 3~1 15, 3~4 4 B and3~5 6 B, ADDING3~I 17, 3~1 18, 3~4 1 B 16,3~4 1 B 17, and, ADDINGrequtrements and defintttons of Floodplains and Wetlands ~SB re requtrements for filhng m floodplams and submission of apphcattons and performance standards for granttng of Floodplatn Vartances Ordtnance to AMEND 3~4 and ADDING ~9 of the Stormwater Management Ordtnance defimttons and destgn crtterta Ordmance to AMEND 3~I03, ~104 and 3~110 of the Chesapeake Bay Preservation Area Ordinance re defimttons, apphcabthty and plan of the development process Ordlnance to AMEND 3~4 and ~8 of the Southern Watersheds Management Ordinance; ADDING and AMENDING design crtterta and defintttons for Floodplatm and Nonttdal Wetlands PLANNING - (Consent items to be determined durtng the Agenda Review Session) RECONSIDERATION: Applications of BILLY W. CHAPLAIN on the west side of Washington Avenue south of Virginia Beach Boulevard (849 and 853 Virginia Beach Boulevard) (DISTRICT 6- BEACH): Change of Zoning District Classification from A-12 Apartment District and RT-3 Resort Tourist District to Conditional B-2 Community Business District, containing 23,850 square feet. b. Conditional Use Permit for a bulk storage yard, containing 19,000 square feet Denied: Deferred Reconsideration Indefinitely: March 27, 2001 May 22, 2001 , Apphcation in the petition of OCEAN BAY HOMES, L.L.C., a Virginia limited hablhty company, for the discontinuance, closure and abandoment of a portion of Holly Road at the southeast ~ntersectlon of 26th Street and Cypress Avenue, containing 2,415 square feet (DISTRICT 6 - BEACH). Recommendation: APPROVAL o Application of BAYMARK CONSTRUCTION CORPORATION, a %rglma Corporation, for a Modification of Proffers re land use and architectural elevations for "Village Commons" placed on the 11 May 1999 approved Change of Zoning District Classifications from AG-1 AG-2, R-20 and R-40 to Conditional PD-H1 and AG-I, AG-2, R-20 and R-40 to Conditional P-l, on the north side of Indian River Road, west of West Neck Road, containing 5 4 acres (DISTRICT 7 - PRINCESS ANNE). Recommendation: APPROVAL , o o . Application of DOUG WESTIN/U-HAUL COMPANY OF VIRGINIA for a Conditional Use Permit for a self-storage facility in conjunction with an existing U-Haul establishment on the east side of South Plaza Trail, south of 1-264 (140 South Plaza Trail), containing 1 4 acres (DISTRICT 3 - ROSE HALL) Recommendation APPROVAL Application of BJ's WHOLESALE CLUB, INC., a Delaware Corporation, for a Conditional Use Permit for an automobile service station (fuel sales) on the north side of Virginia Beach Boulevard, west of Rosemont Road (3712 Virginia Beach Boulevard), containing 10.028 acres (DISTRICT 5 - LYNNHAVEN) Recommendation: APPROVAL Application of ROBERT H. VENNER for a Conditional Use Permit for an educational/recreational camp west of Mendota Court (589 Princess Anne Road), containing 39 537 acres (DISTRICT 7 - PRINCESS ANNE) Recommendation. APPROVAL Application of JAMES H. CAPPS for a Conditional Use Permit for a parking lot on the east side of Atlantic Avenue, south of 16th Street (1507 Atlantic Avenue), containing 15,000 square feet (DISTRICT 6- BEACH). Recommendation: APPROVAL Application of DOMINION BUILDING GROUP, INC., for a Change of Zoning District Classification from R- 10 Residential District to Conditional B- 1 Neighborhood Business District on the west side of South Birdneck Road, north of Jackson Street (113 South Blrdneck Road), containing 18,717 square feet (DISTRICT 6 - BEACH). Deferred. Recommendation June 12, 2001 APPROVAL Applications of SETTLERS CROSSING, L.L.C., a Virginia limited liability company. (DISTRICT 3 - ROSE HALL) ao Change of Zoning District Classification from A-12 Apartment District and R-7.5 Residential District to Conditional B-2 Community Business District on Parcels 1 and 2 on the west side of Windsor Oaks Boulevard, south of Holland Road, contaimng 13 3 acres (DISTRICT 3 - ROSE HALL): bo Change of Zoning District Classification from A-12 Apartment District, R-7 5 Residential District and B-2 Community Business District to Conditional A- 12 Apartment District w~th a PD-H2 Planned Development Housing D~strict Overlay on the following parcels, containing 91 8 acres (DISTRICT 3 - ROSE HALL): (1) Parcel 1: (2) Parcel 2: (3) Parcel 3. (4) Parcel 4: (5) Parcel 5: (6) Parcels 6 & 7: East side of Windsor Oaks Boulevard, north of South Independence Boulevard. West side of Windsor Oaks Boulevard, north of South Independence Boulevard. West side of Windsor Oaks Boulevard, south of Holland Road East side of Windsor Oaks Boulevard, north of South Independence Boulevard West side of Windsor Oaks Boulevard, north of South Independence Boulevard Northeast and northwest comers of Windsor Oaks Boulevard and South Independence Boulevard Staff Recommendation: Planning Commission Recommendation. INDEFINITE DEFERRAL DENIAL APPOINTMENTS COMMUNITY SERVICES BOARD (CSB) PARKS AND RECREATION COMMISSION SOCIAL SERVICES BOARD TOWING ADVISORY BOARD M. UNFINISHED BUSINESS No NEW BUSINESS 1. ABSTRACT OF LEGAL CIVIL CASES - Resolved by the City Attorney - May 2001 The abstract of votes, as recorded by the General Regtstrar, from the 2001 DEMOCRATIC PARTY PRIMARY ELECTION, ts on file wtth the Ctty Clerk 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: TDD only 427-4305 (TDD- Telephonic Device for the Deaf) 06/22/01BAP AGENDA\06-26-01 .PLN www vbgov com ou~ MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 26, 2001 Vice Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL BRIEFING re E-GOV COMMISSION PROGRESS in the City Council Conference Room, City Hall Bud&ng, on Tuesday, June 26, 2001, at 2.30 P.M. Councd Members Present' Linwood 0 Branch, III,, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, Vice Mayor Wdham D Sessoms, Jr and Rosemary Wdson Council Members Absent: Mayor Meyera E Oberndorf Margaret L. Eure William W. Harrtson, Jr, Barbara M. Henley [Entered' 6:00 P M - Plane delay returmng from Detroit U $. Conference of Mayors] [Entered' 3:05 P MI fill] [Entered' 2 42 P M] Louis R Jones [Entered: 2'38 P M] -2- CITY MANA GER 'S BRIEFING E-GO V COMMISSION PROGRESS 2:30 P.M. ITEM #48303 Davtd G Sulhvan, Chtef lnformatton Officer, presented the concept of the Streaming Media Project Last June, when the E-GOV COMMISSION commenced tts work, they surveyed ct ttzensfor destred serwces on the Ctty's Web Page The ctttzens requested more tnformatton relattve Ctty Councd meeangs t e agendas and suggested broadcasang a Councd meeting on the Internet What Is Streaming Media ? The dehvery of audto and vtdeo content over the Internet Can tnclude both "hve" broadcasts hke Ctty Councd meetings as well as an archtve of stored programs which can be mewed on demand It ts accessed using free media player software on a PC with an Internet connection Goals for Streaming City Council Meetings via VBgov. com Support the Ctty's goal of Commumty Buddmg Relattonshtps and capactty Provide an addtttonal venue for openly sharing tnformatton Support the Ctty strategy "We facdttate ctttzen commumcatton, learmng and engagement by creattngforums for honest and open &alogue on commumty tssues by ensurmg mcluston of an equal awareness and knowledge and by provtcltng approprtate methods and tools" Why have Streaming Media from Vbgov. com? Expand the audience for current Ctty produced programmtng Wall allow VBTV content to be accessed and seen around the world On demand access allows ctttzens and other vtewers to see the program on thetr terms rather than dependmg on our schedule Wtll permtt greater flextbdity tn accessing archtved meettng ttems Provtdes content access to ctttzens that do not subscribe to Cox Cable (for example, those who subscrtbe to satelhte televtston servtces) Why Conduct a Pilot? Insure that the servtce meets ctttzen needs Ftne tune the technology Partnershtp wtth WHRO allows us to assess the best course of action and the potenttal volume of use wtthout purchastng the assoctate technology Mr Sulhvan ttemtzed the content of a Pdot Ltve Ctty Councd meettngs (Formal Sesstons only), archtves of prevtous Ctty Councd meettngs, and, short vtdeo programs produced by VBTV relevant to the Ctty's Stx Strategtc Bustness Areas June 26, 2001 -3- CITY MANA GER 'S BRIEFING E-GO V COMMISSION PROGRESS ITEM #48303 (Continued) A Ptlot shall commence next Tuesday, July 3, 2001 Because of the software, a number of concurrent users must be hcensed to receive the hve stream Fifty (50) concurrent users have been contracted for the ptlot Part of the ptlot ts to determtne whether this demand ts too htgh or too low Questtonnatres at the end of vtewtng will assist tn evaluating the data Streaming Media Time Line January - May 2001 Researched streaming Media capabilities June2001 Testing of WHRO interconnect and services July - September 2001 Live Streaming and Archiving of City Council Meetings on Vbgov. com September - October 2001 Evaluate pilot October 2001 Continue/revise approach based upon findings The Real Player has been tmbedded tn the Web Page Mr Sulhvan &splayed a sample of the streamtng of the City Counctl Sesston of June 12, 2001, re the presentatton of Miss Virginia Beach. Thts medta ts destgned matnly for ctttzens who do not have access to cable televtston, who are revtewtng the record for one parttcular ttem or whose schedule confltcts the televtston broadcast Robert Mentor advtsed an hour meettng would encompass approximately 43 megabytes of sWrage space. Mr Sulhvan advtsed WHRO ts tnvesttng heavily tn digital content wtth a secure stte and techmcal archttecture Because of the cost of the storage, the ptlot project wtll only have a one month archtve Mr Sulhvan and the City Clerk are evaluating the current recording system for conversion to digital for tn the Conference Room and Counctl Chamber The transcrtpts would be avadable over the Internet and would be much smaller tn stze for storage/access than the present tapes These CD's could be stored for a much longer pertod of trine Guiding Principles for e-Communities As part of tls technology tntttattves, the Governor's e-Communities Task Force was created last year Thts Task Force has adopted Gutdtng Prtnctples for e-Communtttes These are very stmtlar to those recommended last November by the City's e-Government Commission Mr Sulhvan advtsed a Resolutton wtll be presentedfor adoptton during a future Ctty Counctl Sesston endorstng the Guiding Principles for e-Communities and allowtng the Ctty to "sign on" as one of Vtrgtnta's e-Commumttes Inchvtduals want to parttctpate tn the prosperity and growth of the Informatton Economy Local Government should lead The Electrontc Commumty provtdes a spectrum of Government, educatton and bustness servtces and content The Electronic Communtty should be accesstble to all An Electromc Community must recogntze communtty tdenttty, culture and values Vtrgtnta Communtttes should work tn concert to develop flextble, simple standards that wtll aid tn the completton ora Commonwealth-Wtde e-Communtttes Envtronment June 26, 2001 -4- CITY MANA GER 'S BRIEFING E-GO V COMMISSION PROGRESS ITEM #48303 (Continued) Mr Sulhvan advtsed durtng the last two years, an e-Government fund has been adopted as part of the Operattng Budget Thts serves as start-up funds for these vartous prodects Ifa department has an tntttattve, they are expected to butld that tn thetr operatmg base budget The e-Government tntttattve fund ts $400,000, whtch ts utthzed to acqutre the technology and perform the testtng The Video Streaming ts costtng $2,500 a month for the three months wtth I97-IR0 Last month, 16,000 users vtstted the City's Websttefor more than one visit (regular users) Durmg the month, there were 238,000 user sesstons Thts represents a 6% mcrease from the prevtous month Thts does asstst tn reducing telephone calls to Ctty Hall June 26, 2001 -5- CITY M/IN/I GER 'S BRIEFING UNITED STATES FIELD HOCKEY /IGREEMENT 3:05 P.M. ITEM #48304 Sara Hensley, Dtrector of Parks and Recreatton, advtsed the proposed Agreement was dtscussed wtth the UnitedStates FieldHockey/issociation (USFHA) prtor to the tnvttatton for btds &nce October 1999, Ctty Staff has been tn negottatton with the United States Field Hockey/issociation (USFH/I) to construct and operate first-rate arttfictal turffields adjacent to the Sportsplex stadtum tn Prtncess Anne Commons Aspart of the proposal, the USFHA would relocate tts Nattonal Tratntng Center to Vtrgtnta Beach and have prtortty use of the new fields, but the fields would be avatlable for multtple alternattve pubhc uses for most of the year The Umted States Fteld Hockey Team and coaches are hvtng tn Vtrgtma Beach and practtctng, although, they are engaging tn a meet tn Chtna at the present ttme On March 13, 2001, Ctty Counctl adopted an ordtnance that estabhshed Capttal Project CIP #4-028 Multi- Use Recreattonal Ftelds wtth $1,100,000 of ctty fundtng and $400,000 to be provtded by USFH/I The ordtnance also approved a prehmtnary term sheet that dehneated roles and responstbthttes for the Ctty and USFHA regardtng the constructton, use and operation of the multt-use recreattonal fields The ortgtnal scope of the project tncluded butldtng one arttfictal turf field tn Phase I and a second arttfictal turf field tn Phase H The Ctty's Phase II commttment was $1. 7-MILLION and tncluded other amemttes Since that trine, there have been three (3) major changes The constructton of two artificial surface fields has been accelerated United States Field Hockey contacted the City and requested the acceleratton of both fields tf they would provtde addtttonal fundtng The cost of the project tncreased Two btds were recetved The lowest btd was $264, 719 above what the staff had determtned USFHA agreed they would front the funds for the second field, whtch later could be repatd The Ctty of Vtrgtma Beach and the USFHA would set astde two restrtcted funds, whtch would be certtfied and audtted each year wtth a percentage of usage and money to revert back tnto the fund each year Barry Frankenfield advtsed Phase I now conststs of two arttfictal turf fields Hopefully, by October 20, 2001, the fields wtll be completed Sara tntroduced Tess Elhs, Coach for the under 21 years old players of the United States Field Hockey /issociation Coach Elhs advtsed South Afrtca was ortgtnally tnvtted to play a sertes of four games comtng down the East Coast to promote the whole residency program tn the Untted States It ts the first restdency program whtch has bastcally been taken and modeled off the Austrahan program At the moment, the Austrahan Fteld Hockey Program ss th Number 1 tn the world and has held that posttton over the last eight years Prevtous restdencyprograms tn the Untted States have been for just slx months USFH/I wtll choose a Umverstty and move the team therefor stx months USFHA ss hoptng wtth the restdencyprogram tn the Ctty tnvtttng Internattonal Teams hke South Africa thts wtll become a tratntng stte for Untted States Field Hockey and also for other tnternattonal teams which wtll compete agatnst USFH. Thts ts the first tour of thts ktnd tn the last etght years CONSTRUCTION COSTS AND BUDGET MUL TI-USE RECREATIONAL FIELDS Project ,4cttvtty Ctty Cost USFH,4 Cost Total Cost Start Ftntsh Phase I (2 Arttfictal Turf Ftelds) Design $100, 000 Arttfictal Turf $ 720,000* 8/01 10/01 Construction $1,264, 719 $ 280,000 6/01 10/01 Total Cost of Phase I $1,364, 719 $1,000,000 $ 2,364, 719 6/01 10/01 Phase II (Lockers, Bleacher Ltghts, Equtpment Storage, Grass Ftelds) Pay Loan to USFH,4 $ 600,000 $(600,000) 7/02 7/02 ** Design and $1,100, 000 7/02 8/03 Constructton Total Cost Phase H $1,700,000 $(600,000) $1,100,000 7/02 8/03 Total Cost of ProJect $3,064,719 $ 400,000 $3,464, 719 June 26, 2001 -6- CITY MANA GER 'S BRIEFING UNITED STATES FIELD HOCKEY A GREEMENT ITEM #48304 (Continued) The $720,000 cost of the arttfictal playtng surface ts a contrtbutton from USFHA and ts reflected tn the project sheet as "non-programmed cost" because tt ts not a City approprtatton The $600,000 loan payment wtll be tncluded tn the FY2002-03 debt servtce portton of the operattng budget and wtll be subject to approprtattons for that fiscal year The ortgtnal CIP for thts phase was $1.5-MILLION So, approxtmately $865,000 ts bemg over expended on thts phase Catheryn Whttesell, Dtrector of Management Servtces, advtsed a reserve fund for future replacement of the fields was not tncluded tn the tntttal proposal to Ctty Counctl tn March In etght (8) years, the Ctty wtll be contemplattng replactng the astro turf porttons of the fields (approxtmately SI-MILLION) USFHA has agreed to pay 40% of this cost A reserve wtll be butlt for the next etght (8) years so, at the ttme of the replacement, USFHA wtll parttctpate at 40% of the cost Coach Elhs advtsed there are four (4) major tournaments tn the International Hockey Calendar At the moment the team ts tratntng to go to France tn September to parttctpate tn the World Cup quahfier and hopefully will rank tn the top seven at thts tournament and then go tn December 2002 to Perth Austraha to compete tn the World Cup Thetr place tn the World Cup wtll determtne an automattc btd to the Olymptcs If, the team does not do well at the Worm Cup, then the USFHA wtll compete tn other tournaments as the Olymptc quahfier and every two years there are the PanAm games whtch also result, tf won. tn an automattc bid to the Olymptcs Their btg arm ts the need to beat Argenttna, and, to do that, a restdency program ts necessary for the gtrls to tratn tn the mormng, work out tn the communtty, more tratntng tn the eventng or a practice meet or wetght tratntng sesston The Ctty Attorney advised the value ts tn the fields constructed and the presence of thts nattonal team If the nattonal team were to leave prtor to the end of the twelve year agreement all the assets rematn tn place and the Ctty would be the beneficiary of the assets Any user fees collected on the fields and the concesston revenues wtll go tnto the Reserve Fund The Ctty Attorney and Catheryn dtstrtbuted a revtsed Summary of Terms and the correct attachments, CIP #4-028 data sheet wtth construction costs and budget CITY COUNCIL PRESENTATION June 26, 2001 -7- HAMPTON ROADS DEVELOPMENT INITIATIVE 3:45 P.M. ITEM ii 48305 The Ctty Manager tntroduced Andrew Ftne, Chatrman of Hampton Roads Workforce Development Board and E Roy Budd, Prestdent and CEO -Opportuntty, Inc of Hampton Roads Chatrman Ftne advtsed last year the Workforce Development Board of South Hampton Roads was conducttng tts tntttal meettngfaced wtth dismal stattsttcs The average tncome had dropped to 83% of the national average. SA T scores and reading skills dropped well below the national average As a regton, the most prectous asset, human resources, was not being developed to tts fullest potenttal The Congresstonal mandate to estabhsh local Workforce Investment Boards provtded a golden opportuntty The Hampton Roads Workforce Development Board ts comprtsed of representatives of the regton's kev stakeholders tn workforce development The members of the Board, appotnted by the elected leadershtp of Hampton Roads and confirmed by the Governor, have been tasked wtth provtchng the leadershtp necessary to dehver a sound regtonal workforce development strategy, whtch utthzes a systems approach tn tts tmplementatton Opportunity lnc ts the enttty that has been estabhshed to develop and tmplement that system so as to better equtp the extsttng and emergmg workforce tn Hampton Roads Vtrgmta Beach played a major role tn the planntng and organtzatton Chatrman Ftne expressed apprectatton to the Mayor, Ctty Manager, Don Maxwell and Susan Walston l/Vtth thetr asststance, an agenda and vtston were created These tndtvtduals had worked two years tn preparatton for the day when the Board would come into extstence The Board has been tnvtted to jotn a very ehte group, the High Skilled Cities and Counties Consortium, comprtsed of .fourteen (14) complex ctttes and urban counttes whtch seek to set the standard for nattonal workforce development, provtdtng techntcal asststance, shartng best practtces, trouble shootmg and, most tmportant, havtng a "first look" at Department of Labor and other agenctes grant opportuntttes E Roy Budd, ctted the accomphshments ofOpportuntty, Inc over the past year Estabhshed the Workforce Investment Board Estabhshed Six (6) worktng commtttees Built an organtzatton called Opportumty, Inc Integrated and reorgantzed the Southeastern Vtrgtnta ,lob Tratntng Admtntstratton (SJTVA) TeambmMlng Mamtatned levels of servtces Increased volume of chents served at two One-Stop Career Centers Over 13,000 chents served Glenrock Road locatton (Norfolk) Paul D Camp Communtty College (Frankhn) Developed proposal for tntegrated one-stop system Held stx (6) Town Hall meettngs Partnered wtth the Hampton Roads Chamber of Commerce for markettng and pubhc relattons (Joint Effort) Markettng Plan and Pubhc Relattons effort developed Quarterly newsletters Developed video for K-I 2 Industry Certtficatton Program (Vtrgtnta Beach Pubhc Schools) Estabhshed Strategtc Partnershtps Norfolk Ltteracy Councd Empowerment 2010 National Center for the Economy and Educatton Jobs for the Future Communtty Colleges Untverstttes Healthcare, retatl, shtp repatr and hospttahty tndustry clusters Performed research and data collectton on the Hampton Roads Workforce Conttnued Summer Youth Program, whtch ts the largest tn the state RFP's for year-long youth program Increased number of tratntng provtders Met or exceeded all state requtrements and performance standards June 26, 2001 -8- CITY COUNCIL PRESENTATION HAMPTON ROADS DE VEL OPMENT INITIATIVE ITEM # 48305 (Continued) Funded GRANTS Norfolk State University Hospitality Training Tidewater Community College Industry Driven Training $ 1.6 MILLION $ 1.7 MILLION Pending Military Career Advancement Centers Hampton Roads Critical Skills Initiative Healthcare Sectoral initiative $25 MILLION $ 2. 7 MILLION $143,073 In July 2000, the Operattng Budget was $6.5-MILLION Currently the Budget ts approxtmately $10.2- MILLION. Patrtcta Phtlhps, Dtrector of Ftnance, has been very acttve on the Fiscal Oversight Committee MISSION Opportuntty Inc ts commttted to the development and tmplementatton of a system that will better equtp the extsttng and emergtng workforce tn Hampton Roads Thts system wtll provtde the means for labor market analysts tn the form of programs destgned to tdenttfy employers' needs and employees' capabthttes The results wtll be communtcated back to the educatton and tratntng provtders to be used as crtterta when developtng and restructurtng programtng, whtch affects the regton's labor force This system will also tncorporate approprtate means to measure program performance levels VISION To achieve prospertty, whtch ts sustatnable over ttme, for the Hampton Roads regton through the development and tmplementatton of a system that results tn a model workforce, whtch ts producttve, able to meet the demand of the labor marketplace and self-renewing Members of the Board from Vtrgtnta Beach include Dan Batchelor Vtce Prestdent/General Manager The Cavaher Hotel Dr Deborah M DtCroce Prestdent Ttdewater Commumty College Andrew S Ftne Prestdent and CEO The Runnymede Corporation Dr Ttmothy.Ienney Supertntendent Vtrgtnta Beach Pubhc Schools Mr DonaM L Maxwell Dtrector of Economic Development City of Vtrgtnta Beach Mr Budd shared a promottonal tape developed tn conjunction wtth WHRO The Commonwealth of Vtrgtnta provtdes no fun&ng for extsttng programs June 26, 2001 -9- AGENDA RE VIEW SESSION 4:40 P.M. ITEM # 48306 J 20r&nances to AMEND the Ctty Code a 3~ 6-9 re rwhng bicycles and otherpedal-powered vehicles on the Boardwalk Counctl Lady Eure was advtsed regular &cycles, as well as electrtc (battery powered) btcycles are not allowed on the Boardwalk 3~ 23-50 re nottce requtred for City cutting excesstve growth of weeds or grass on vacant developed or undeveloped prtvately owned property Counctl Lady Eure questtoned the determtnatton for referenced the administration fee of $100 Andy Frtedman, Dtrector- Houstng and Netghborhood Preservatton, advtsed the charge ts $100 plus the actual cost of the cutting. Thts wtll vary based on the stze of the lot and condtttons If not patd, thts ts placed as a judgement against thetrproperty ITEM # 48307 J4 Ordtnance to authortze temporary encroachments tnto a portton of extstmg Ctty property known as Lake Wesley at 505 Kerry Lane (Croatan) by WA YNE C. and THERESA B. SA WYER to construct and matntatn rtp rap, gangway and a floattng dock (DISTRICT 6- BEACH) Counctlman Branch advtsed there ts opposttton to thts apphcatton Councilman Branch requested thts ttem be DEFERRED for a week for staff to gtve Ctty Counctl addtttonal tnformatton and a presentatton relattve the encroachment, locatton of thts channel and setbacks ITEM # 48308 d 60rdtnance to APPROPRIATE $300, O00from the fund balance tn Comprehenstve Services Act Spectal Revenue, and, TRANSFER $310,812 from the Reserve for Conttngenctes for Juvemle Detentton to the FY 2000-01 operattng budget of the CSA Special Revenue Fund Catheryn Whttesell, Dtrector of Resource Management, chstrtbuted addtttonal tnformatton regardtng CSA Budget and Expenchtures Local Share A few years ago, the State changed the method of funding some programs mental health programs for youth, foster care and court servtce youth referred by Judges for spectahzed programs At that trine, they dtd not tncrease thetr amount of fun&ng, however, they swttched to allow more on Medtcatd fundmg Those two thtngs caused an overage and an tncrease tn the use of the program costs A pohcy was estabhshed of setttng astde a $1-MILLlONReserve to cover both CSA and the Juvenile Probation Detention Center costs Thts mvolves spectal actton of Ctty Counctl to dtstrtbute thts Reserve back to these two programs Thts provtdes leverage to control the costs Only the funds necessary are transferred to the programs Robert Matthtas, Asststant to the Ctty Manager, advtsed the defictt has been reduced for the Ctty of Vtrgtnta Beach over the last two years However, the General Assembly ts not provtdtng suffictent funds for this program ITEM # 48309 Ordtnance to TRANSFER $45,000 of FEMA matntenance grant funds wtthtn the FY 2000-OI operattng budget of the Ftre Department re purchase of transport tractors Relattve Counctlman Man&go's concern, Catheryn Whttesell, Dtrector of Management Servtces, advtsed FEMA retmburses 100% of the Ctty's cost (personnel, otl, gas, matertals, tractors, etc ) June 26, 2001 -10- AGENDA RE VIEWSESSION ITEM # 48310 11 Ordinance re Appointment of Viewers for one-year terms, begmmng duly 1, 2001, to rewew apphcattons re streets and/or alleys proposed to be altered or vacated Relattve Counctl Lady Henley expressed concern relattve the appotntment of vtewers and requested Counctl ADD a representattve of Parks and Recreatton as an addtttonal Vtewer re the Outdoors and Open Space Plan The Ctty Attorney advtsed he would revtew and advtse Thts Ordtnance can be adopted and amended, tf necessary The fourth Vtewer an be added at any ttme ITEM # 48311 BY CONSENSUS, the followtng shall compose the CONSENT AGENDA: J. ORDINANCES/RES OL UTION 20rdtnances to AMEND the Cay Code a ~ 6-9 re rtdtng bicycles and otherpedal-powered vehicles on the Boardwalk b 3~ 6-122 2 re consenttng to blood or breath testing tn Boattng Under the Influence cases c Approprtate secttons of Chapter 7, ADDING 3~ 7-49 1 re bicycles and mopeds 3~3~ 21-31, 21-51, 21-296 and 21-360 re brtngtng motor vehicles tnto conformity wtth state law re funeral processtons, hcense plates and school crosstng guards e ADDING 3~ 21-112 re warning devices required on self- propelled vehtcles selhng products f 3~ 21-206 re weighing vehicles and unloading excess loads g ~ 21-207 re liquidated damages for vtolatton of weight hmtts, storage, chsposttton, etc , of vehtcle and cargo tnvolved tn weight violation h 3~ 21-344 re reimbursement to emergency response teams for expenses of respondmg to driving while impaired 3~ 23-50 re nottce requtred for City cutting excesstve growth of weeds or grass on vacant developed or undeveloped prtvately owned property Ordtnance to authortze the Ctty Manager to execute a contract between the Vtrgmta Department of Forestry and the Ctty for forest fire control servtces tn the southern half of the Ctty 5 Ordtnances to APPROPRIATE Southeastern Vtrgtnta dob Tratntng Admtntstratton (SVJTA) funds $209,435 to the FY 2000-O1 operattng budget of Soctal Servtces re enhancement of employment services and increase federal revenue accordingly $65, O17 grant to Houstng and Netghborhood Preservatton re personnel and operating costs for the Care Youth Leadership Camp, effecttve duly 1, 2001, authortze the Ctty Manager to execute a contract wtth the YMCA to operate the camp, and, tncrease state revenue accordtngly June 26, 2001 -11- AGENDA RE VIEW SESSION ITEM it 48311 (Continued) Or&nance to APPROPRIATE $300, O00 from the fund balance tn Comprehensive Services Act Spectal Revenue, and, TRANSFER $31 O, 812 from the Reserve for Conttngenctes for duventle Detentton to the FY 2000-01 operattng budget of the CSA Special Revenue Fund Or&nance to TRANSFER $ 710, 574from vartous projects wtthtn the FY 2001-2006 Capttal Improvement Program (CIP) re the moderntzatton of the Kempsville Elementary School Ordtnance to TRANSFER $197,300 from the Reserve for Conttngenctes to the FY2000-O1 operattng budget of Emergency Medical Services (EMS) re ehmtnatmg a deficit resulting from gasohne price tncreases and unanttctpated matntenance costs Ordtnance to TRANSFER $45,000 of FEMA matntenance grant funds wtthtn the FY 2000-01 operattng budget of the Ftre Department re purchase of transport tractors 10 Ordtnances re 4 1/2% compensation 11 12 a Ctty Manager b City Attorney c Ctty Clerk d City Assessor Or&nance re Appointment of Viewers for one-year terms, begtnntng July 1, 2001, to revtew apphcattons re streets and/or alleys proposed to be altered or vacated Emergency Mechcal Servtces (EMS) agency annual permits for area prtvate, muntctpal and non-profit Organtzattons Advanced Wheelchatr Transport, Inc Al's Wheelchatr Transportatton Chesapeake Ftre Department Chtldren's Hospttal of the Ktngs Daughters DOCC Transportatton, Inc Eastern Me&cai Transport Eastern Shore Ambulance Servtce, Inc Ltfehne Ambulance Servtce, Inc Me&cai Transport, Inc Ntghttngale Regtonal Air Ambulance Norfolk Ftre and Paramedtcal Servtces Vtrgtnta Me&cai Wheelchatr Transport 13 Resolutton re tssuance by the Vtrgtnta Beach Development Authortty of Revenue Bonds for Cape Henry Collegiate School, Inc: Industrtal Development Authortty of Middlesex County, Vtrgtnta - not to exceed $10,000,000 Industrtal Development Authortty of Lancaster County, Vtrgtnta - not to exceed $4,000,000 14 Tax Refunds: $4,840.17 June 26, 2001 - 12- .4 GENDA RE VIE W SESSION ITEM # 48312 Relattve the NO ACTION ITEMS, Counctl Lady McClanan referenced calls of concern from ctttzens 2 AMENDMENTS to the Ctty Zomng Ordtnance a :[106 re requtrementsfor appeals and vartances to the Board of Zontng Appeals 3~111 by ADDING or DELETING certatn defintttons tncluded in the ordtnance "Alternattve Dtschargtng Sewer Treatment System ", "Flood Insurance Study, .... Floodplam," "Flood Frmge," "Floodway," "Gross Acreage," "Prtvate Sewage Treatment Facthty, .... Private Uttltttes," "Regulatory Floodway," "Utthty Installation (Public or Prtvate)" and "Wetlands" c 3~200 provtdtng certatn Wetland and Floodplatn areas not be tncluded tn determtntng the gross area of a zontng lot and AMENDING the determtnatton ofzontng lot d 3~239 1 re requirements and restrtcttons ofprtvate sewage treatmentfacthttes e 3~402 and 3~405 to AMEND dtmenstonal requtrements and alternattve restdenttal development tn AG-1 and A G-2 Dtstrtcts f 3~502, 3~506 and 3~507 re dtmenstonal requtrementsfor R-40 thru R-5S, Open Space Opttons, and Flex Suttes requtrements g 3~1124 re requtrementsfor the Land Use Plans tn PD-H2 3 Ordtnance to AMEND 3~4 4 and 3~6 1 of the Subdivision Ordinance, ADDING 3~l 5, :[1 6 and destgn standards and defintttons of Floodplatns and Wetlands 4 Ordinance to AMEND the Site Plan Ordinance: a 3~110, 3~115, 3~44B and 3~56B, ADDING 3~117, 3~118, 3~41B16,3~41B17, and, ADDING requtrements and definlttons of Floodplams and Wetlands b ,~SB re requtrementsforfilhng tnfloodplatns and submtsston ofapphcattons andperformance standards for granttng of Floodplatn Vartances Ordtnance to AMEND :[4 and ADDING :[9 of the Stormwater Management Ordtnance definlttons and destgn crtterta 6 Ordtnance to AMEND 3~103, :[104 and ,9110 of the Chesapeake Bay Preservation Area Ordinance re defintttons, apphcabthty and plan of the development process 7 Ordtnance to AMEND 3~4 and 3~8 of the Southern Watersheds Management Ordtnance; ADDING and AMENDING destgn crtterta and defintttons for Floodplains and Nonttdal Wetlands Robert Scott, Dtrector of Planntng, advtsed these ttems would be heard wtthtn 30 to 60 days by the Planmng Commtsston The Planntng Department wtll bepleased toprovtde coptes of theproposed Ordtnances There were Workshops for the pubhc also scheduled on these ordtnances Counctl Lady Henley advtsed a nottce conveytng mtstnformatton was dtstrtbuted to the restdents tn the southern portton of the Ctty The nottce urged all to attend the Planntng Workshop on June 18, 2001 ITEM # 48313 K. 1. RECONSIDERATION of the apphcattons of BILLY W. CH,4PL,4IN on the west stde of Washtngton Avenue south of Vtrgtnta Beach Boulevard (849 and 853 Vtrgtnta Beach Boulevard) (DISTRICT 6 - BEACH) Change of Zomng Dtstrtct Classtficatton from A-12 Apartment Dtstrtct and RT-3 Resort Tourtst Dtstrtct to Condtttonal B-2 Communtt¥ Bustness Dtstrtct, contatntng 23, 850 square feet b Condtttonal Use Permtt for a bulk storage yard, contatmng 19, 000 square feet Thts ttem wtll be chscussed tn Formal Sesston The Ctty Manager had been recetved a letter from Robert Scott, Dtrector of Planntng, Donald Maxwell, Dtrector of Economtc Development, and, James Rtcketts Dtrector of Conventton and I/'tsttor Development recommendtng DENI,4L of thts apphcatton thts letter was made a part of the agenda and wtll be made a part of these mtnutes June 26, 2001 -13- AGENDA RE VIEW SESSION ITEM # 48314 K3 Apphcatton of BA YMARK CONSTRUCTION CORPORA TION, a Vtrgtnta Corporatton, for Modtficatton of Proffers re land use and archttectural elevattons for "Vtllage Commons "placed on the 11 May 1999 approved Change of Zomng Dtstrtct Classtficattons from AG-1 AG-2, R-20 and R-40 to Condtttonal PD-H1 and AG-1, AG-2, R-20 and R-40 to Condtttonal P-l, on the north stde of Indtan River Road, west of West Neck Road, contamtng 5 4 acres (DISTRICT 7- PRINCESS ANNE) Counctl Lady Henley advtsed tntttally she was tn opposttton as the apphcatton was greater tn denstty than recommended by the Comprehenstve Plan, however, since thts modtficatton of proffers wtll reduce the density, she wtll not object to the apphcatton Counctl Lady McClanan wtll ABSTAIN, as she and her husband own property adjacent to the apphcable property ITEM # 48315 K 4 Apphcatton of DOUG WESTIN/U-HAUL COMPANY OF VIRGINIA for a Con&ttonal Use Permtt for a se!f-storage facth_ty tn conjunctton wtth an extsttng U-Haul estabhshment on the east stde of South Plaza Tratl, south ofi-264 (140 South Plaza TratO, contatmng 1 4 acres (DISTRICT 3 - ROSE HALL) Counctl Lady McClanan advtsed thts apphcatton has been requested for WITHDRAWAL Counctl Lady McClanan expressed dtspleasure relative the appearance of the estabhshment ITEM # 48316 K 6 Apphcatton of ROBERT H. VENNER for a Conchttonal Use Permtt for an educattonal/recreattonal camp west of Mendota Court (589 Prtncess Anne Road), contatntng 39 537 acres (DISTRICT 7 - PRINCESS ANNE), Counctl Lady Henley referenced an E-mad from a ctttzen expresstng concern relattve the traffic and norse whtch would be created by thts facthty Stephen Whtte, Chtef Planner, responded to the ctttzen's concern and advised this would be a small campground for up to 25 children as par t of a program called "Discover Vtrgtnta", between May 30 and September 30 He also provtded a copy of the staff report to the ctttzen ITEM # 48317 K 8 Apphcatton of DOMINION BUILDING GROUP, INC. for a Change ofZontng Dtstrtct Classtficatton_from R - 10 Residential District to Conditional B - 1 Neighborhood Business District on the west stde of South Btrdneck Road north of Jackson Street (113 South Btrdneck Road), contatmng 18,717 square feet (z>isrmcr 6- BEACH) Deputy Ctty Attorney Wtlham Macah, advtsed Counctl Lady Eure only the uses spectfied wtll be allowed Personal service estabhshments do not include tattoo or body pterctng parlors ITEM # 48318 B Y CONSENSUS, the following shall compose the PLANNING B Y CONSENT AGENDA: Apphcatton tn the petttton of OCEAN BAY HOMES, L.L.C., a Virginia hmtted habthty company, for the dtsconttnuance, closure and abandonment of a portton of Holly Road at the southeast tntersectton of 26th Street and Cypress Avenue, contatntng 2,415 square feet (DISTRICT 6 - BEACH June 26, 2001 - 14- AGENDA RE VIE W SESSION ITEM # 48318 (Continued) K. PLANNING Apphcatton tn the petttton of OCEANBA Y HOMES, L.L.C., a Vtrgtnta hmtted habthty company, for the dtsconttnuance, closure and abandonment of a portion of Holly Road at the southeast intersection of 26~h Street and Cypress Avenue, contatnmg 2, 415 square feet (DISTRICT 6 - BEA CH) o Apphcatton of BA YMARK CONSTRUCTION CORPORA TION, a Vtrgtnta Corporatton, for Modtficatton of Proffers re land use and archttectural elevattons for "Vtllage Commons "placed on the 11 May 1999 approved Change o_f Zoning Dtstrtct Classt_ficattons from AG-1 AG-2, R-20 and R-40 to Concltttonal PD-H1 and AG-1, AG-2, R-20 and R-40 to Con&ttonal P-l. on the north stde of lnchan Rtver Road, west of West Neck Road, contamtng 5 4 acres (DISTRICT 7 - PRINCESS ANNE) Apphcatton of DOUG WESTIN~U-HAUL COMPANY OF VIRGINIA for a Conchttonal Use Permtt for a se!f-storage factht_¥ tn conjunctton wtth an extsttng U-Haul estabhshment on the east stde of South Plaza Tratl, south ofi-264 (140 South Plaza TratO, contammg 1 4 acres (DISTRICT 3 - ROSE HALL) Apphcatton of BJ's WHOLESALE CLUB, INC., a Delaware Corporatton, for a Conchttonal Use Permtt for an automobtle servtce statton (fuel sales) on the north stde of Vtrgmta Beach Boulevard, west of Rosemont Road (3712 Vtrgmta Beach Boulevard), contatnmg 10 028 acres (DISTRICT 5 L YNNHA VEN Apphcatton of ROBERT H. VENNER for a Condtttonal Use Permtt for an educattonal/recreattonal camp west of Mendota Court (589 Prmcess Anne Road), contatnmg 39 537 acres (DISTRICT 7 - PRINCESS ANNE), Apphcatton of JAMES H. CAPPS for a Condtttonal Use Permtt for a parktng lot on the east stde of Atlantic Avenue, south of l t7h Street (1507 Atlanttc Avenue), contatmng 15, 000 square feet (DISTRICT 6- BEA CH), Apphcatton of DOMINION BUILDING GROUP, INC., for a Change of Zontng Dtstrtct Classtficatton from R-10 Restdenttal Dtstrtct to Con&ttonal B-1 Netghborhood Bustness Dtstrtct on the west stde of South Btrdneck Road, north of Jackson Street (113 South Btrdneck Road), contatntng 18, 717 square feet (DISTRICT 6- BEACH) June 26, 2001 - 1.5- AGENDA RE VIEW SESSION ITEM # 48318 (Continued) 9 Apphcattons of SETTLERS CROSSING, L.L.C., a Vtrgtnta hmtted habthty company (DISTRICT 3 - ROSE HALL) a Change ofZontng Dtstrtct Classtficattonfrom A-12 Apartment Dtstrtct and R-7 5 Restdenttal Dtstrtct to Condtttonal B-2 Communtt¥ Bustness Dtstrtct on Parcels 1 and 2 on the west stde of Wtndsor Oaks Boulevard, south of Holland Road, contatntng 13 3 acres (DISTRICT 3 -ROSE HALL) Change of Zomng Dtstrtct Classtficatton from A-12 Apartment Dtstrtct, R- 7 5 Restdenttal Dtstrtct and B-2 Communt~ Bustness Dtstrtct to Condtttonal A-12 Apartment Dtstrtct wtth a PD-H2 Planned Development Houstng Dtstrtct Overlay on the followtng parcels, contatntng 91 8 acres (DISTRICT 3 - ROSE HALL) Counctl Lady McClanan wtll ABSTAIN on Item K 3 Item K 4 wtll be WITHDRAWN, BY CONSENT Item K 9 will be DEFERRED INDEFINITEL Y, B Y CONSENT June 26, 2001 - 16- CITY COUNCIL COMMENTS 4:55 P.M. ITEM # 48319 Stephen Whtte, Chtef Planner, advtsed Counctl Lady Henley a report relattve commumcatton towers wtll be presented durtng the Ctty Counctl Sesston of duly Tenth or early August ITEM # 48320 Stephen Whtte advtsed the Or&nance addresstng the relocation of the U-Haul operators from the B-2 Business District to the Industrial District, wtll be scheduled for the Planntng Commtsston of duly 11, 2001 ITEM # 48321 Counctl Lady Parker referenced the trees ktlled on Vtrgtnta Beach Boulevard Thts ts betng hsted tn Crime Solvers Testtng ts betng done to determtne the type of chemtcal A report shall be provtded Rewards are provtded by Crtme Solvers for up to $1,000. ITEM # 48322 Counctl Lady Parker referenced tnformatton relattve the Hampton Roads Partnership and baseball stadtums tn the region The Ctty Manager advised Major League Baseball ts tnvesttgattng a number of opttons tn terms of etther ehmtnattng or movtngfranchtses Unttl those dectstons are made, there ts really nothtng to constder The Partnershtpfor the last three years has been studytng the concept of a MAPs type project, whtch has been poorly received by the General Assembly and Governor unttl recently If anythtng were to happen to MAPs, tt would have to happen tn the next General Assembly Therefore, tn the Fall, the ctttes would be involved tn the process ITEM # 48323 Counctl Lady Eure advtsed she attended the Transportatton Executtve Commtttee for the Vtrgtnta Muntctpal League and they are propostng stnce there ts a $350-MILLION shortfall tn Transportatton, the General Assembly take out of the General Fund a one-trine approprtatton tn thts amount to fund htghways ITEM # 48324 Vtce Mayor Sessoms and Counctl Lady Parker, advtsed HRT wtll hold a PUBLIC HEARING on ADA complementary para transit service at the Central Library, 6:00 P.M., July 2, 2001. Vtce Mayor Sessoms urged Counctl Members to attend ITEM # 48325 Counctlman Man&go advtsed as the archttectural firm has been selected for the new Convention Center, would the center be renamed Vtce Mayor Sessoms suggested thts mtght be an excellent toptc for dtscusston at City Counctl's Retreat in August the City Manager advtsed a staff panel, afier prehmmary rankmg and tntervtewtng, selected the archttectural firm The City Manager shall provtde a memorandum relattve the basts for the selectton The archttect shall provtde progress reports ITEM # 48326 Counctl Lady McClanan wtshed the Ctty Counctl to advtse Pubhc }Forks relattve prtortttes of Interchanges along I-264. The Fall electron wtll entatl dtscusston relattve transportatton tn thts regton, Northern Vtrtgnta and throughout the State dune 26, 2001 -17- ITEM # 4832 7 Vtce Mayor Wtlham D Sessoms, Jr called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, June 26, 2001, at 5 05PM Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Absent Mayor Meyera E Oberndorf and Wtlham W Harrtson, Jr June 26, 2001 - 18- ITEM # 48328 Vtce Mayor Sessoms entertatned a motton to permtt Ctty Councd to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followtng purpose PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of prospecttve candtdates for employment, asstgnment, appotntment, promoaon, performance, demotton, salartes, dtsctphntng, or restgnaaon of spectfic pubhc officers, appotntees, or employees pursuant to Secaon 2 1-344 (A) (1) To Wtt Boards and Commtsstons Commumty Servtces Board Parks and Recreation Commtsston Social Servtces Board Annual Performance Revtew- Councd Appotntees PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real property for a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where dtscusston tn an open meettng would adversely affect the bargatmngposttton or negoaattng strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3) To-Wtt Agrtcultural Reserve Program -Prtncess Anne Dtstrtct Acqutsttton/Dtsposttton of Property - Wddwood Drive LEGAL MATTERS Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertatntng to actual or probable httgatton, or other spectfic legal matters requesttng the provtston of legal advtce by counsel pursuant to Section 2 1-344(A)(7) Anctent Art Tattoo Studto, Ltmtted v Ctty of Vtrgtnta Beach, et al Vtrgtnta Martne Resources Appeal - Wdkte and Turptn Apphcattons Upon motton by Councdman Mandtgo, seconded by Councd Lady Wdson, Ctty Councd voted to proceed tnto CLOSED SESSION. Vottng 9-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Nancy K Parker, Vtce Mayor Wdham D Sessoms, dr and Rosemary Wdson Counctl Members Vottng Nay None Councd Members Absent Mayor Meyera E Oberndorf and Wdham W Harrison, Jr (Time of Closed Session: 5:10 P.M. to 6:00 P.M.) June 26, 2001 - 19- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL June 26, 2001 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Butldtng, on Tuesday, June 26, 200], at 6 O0 P M Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Absent Wtlham W Harrtson, Jr, Jill] INVOCATION Counctlman Louts R Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vtce Mayor Sessoms, betng a Corporate Officer of Wachovta Bank, DISCLOSED there were no matters on the agenda tn whtch he has a "personal mterest", as defined tn the Act, etther tndtvtdually or tn ht$ capactty as an officer of Wachovta Bank The Vtce Mayor regularly makes this Dtsclosure as he may not know of the Bank's tnterest tn any apphcatton that may come before Ctty Counctl Vtce Mayor Sessoms' letter of January 2, 2001, ss hereby made a part of the record June 26, 2001 - 20- MA YOR 'S COMMENTS ITEM # 48329 Mayor Oberndorf referenced the correspondence of Counctlman Wtlham W Harrtson, Jr, advtstng of hts tnabtltty to attend today's, June 26, 2001, Ctty Counctl Sesston Counctlman Harrtson had not sufficiently recovered from a herniated dtsc tn hts back He ts unable to stt down comfortably for an extended pertod of ttme Satd letter ts hereby made a part of the record ITEM # 48330 Mayor Oberndorf apologtzed as she was unable to attend the Ctty Counctl's Informal Sesston Mayor Oberndorfhad been delayed at the Detrott Atrport after attendtng the United States Conference of Mayors Mayor Oberndorf met with the Prestdent of the Untted States and the new Director of FEMA The Dtrector of FEMA wtll vtstt the Ctty of Vtrgtnta Beach as he ts very tnterested tn our Hurricane and Terrorism preparation June 26, 2001 WILLIAM W HARRISON JR COUNCILMAN - DISTRICT 5 - LYNNHAVEN City of Virginia PHONE (757) 628-5565 FAX (757) 426-5669 June 26, 2001 Honorable Mayor and Mere hers of the Virginia Beach City Council Ladies and Gentlemen: Unfortunately, I have not sufficiently recovered from a herniated disc in my back to permit me to attend today's City Council meeting. I am unable to sit down com£ortably t~)r an extended period ot time, so I will be forced to watch you all handle the City's business by television today. I trust you will contact me ~hould you have any questions regarding matters on today's agenda. I can be reached at 675-5547. For your information, I have had no constituent comment object]ntt to Item No 5 on the Planning Agenda for RJ's Wholesale Club, Inc. in D~,tnct $- Lynnhaven. Hopeihlly I will be well enough to be with you for thc July meetings Kindest personal regards and with pride m our City, I remain Very truly yottrs, WWHlr./bms Wilham W. Hamson, Jr. Council Member Lynnhaven District 5 115-A FIFTY-SECOND STREET, VIRGINIA BEACH, VA 23451-2301 Item VI-E - 21 - CERTIFICATION OF CLOSED SESSION ITEM # 48331 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meettng reqmrements by Vtrgtnta law were dtscussed tn Closed Sesston to which thts certtficatton resolutton apphes, AND, Only such pubhc bustness matters as were tdenttfied tn the motton convemng the Closed Sesston were heard, dtscussed or constdered by Vtrgtnta Beach Ctty Counctl Vottng 9-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Abstatntng Mayor Meyera E Oberndorf Counctl Members Absent Wtlham W Harrtson, Jr Mayor Oberndorf ABSTAINED as she was not tn attendance durtng the CLOSED SESSION Mayor Oberndorfhad been DELAYED at the Detrott Atrport after attendtng the U S Conference of Mayors dune 26, 2001 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 # 48328, page 18, and in accordance with thc provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. 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. R~th Hodges Smith, MMc City Clerk June 26, 2001 - 22 - Item VI-F. 1. MINUTES ITEM # 48332 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, City Counctl APPROVED the Mtnutes of the INFORMAL AND FORMAL SESSIONS of June 12, 2001 Vottng 9-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, dr and Rosemary Wtlson Counctl Members Voting Nay None Counctl Members Abstatmng Louts R Jones Counctl Members Absent Wtlham W Harrtson, Jr Councdman Jones ABSTAINED as he was not tn attendance durtng the Ctty Councd Sesston of dune 12, 2001 June 26, 2001 Item VI-F.2. - 23 - MINUTES ITEM # 48333 Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, City Counctl APPROVED the Mtnutes of the SPECIAL SESSION of June 19, 2001. Vottng 10-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Wtlham W Harrtson, Jr June 26, 2001 - 24 - Item VI-G.I. ADOPT AGENDA FOR FORMAL SESSION ITEM # 48334 BY CONSENSUS, Ctty Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION June 26, 2001 Item VI-H. 1. - 25 - BID OPENING ITEM # 48335 Re Opemng of Sealed Btds for a dotnt Use and Cost Parttctpatton Agreement for Multt-Use Recreatton Ftelds which tnvolves First Class Training Facility for a nattonal cahber Women's Sports Team, Mayor Oberndorf pursuant to Vtrgtma Code Sectton 15 2-2101, opened the offers to bid. The Ctty Attorney dehvered the sealed btd to the Mayor Mayor Oberndorf recetved and opened the sealed Btd The Umted States FteM Hockey Assoctatton submitted a btd by letter dated June 2, 1001 The btd proposal ts qutte lengthy Asststant Ctty Attorney Vanessa Valldejuh and Sara Henlsey, Dtrector of Parks and Recreatton, revtewed the btd and summartzed The Ctty Counctl conttnued wtth other bustness whtle Ms Vanessa Valledejuh, Ctty Attorney, and Ms Sara Hensley, Dtrector of Parks and Recreatton, evaluated the btds and prepared the summa~. June 26, 2001 - 26- Item VI-I. 2. PUBLIC HEARING ITEM # 48336 Mayor Oberndorf DECLARED A PUBLIC HEARING: CITY CODE AMENDMENT to §21-429 re TOWING The followtng regtstered to speak tn SUPPORT Ernest Cooper, 6539 East Vtrgtnta Beach Boulevard, Norfolk 23502, Phone 459-8010, represented Artstocrat Towing John Taylor, 640 Newtown Road, Phone 499-0741 Harry T Malamatos, 6539 Vtrgtma Beach Boulevard, Norfolk 23502, Phone 461-1216 Stephen Sdhphant, 5044 Cleveland Street, Phone 499-1189, Attorney Dawd Hay, represented Ernest Cooper and John Taylor There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING June 26, 2001 -27- Item VI-H. 1. BID OPENING ITEM # 48336 Asststant Ctty Attorney Vanessa Valledejuh and Sara Hensley. Dtrector of Parks and Recreatton. returned wtth the Btd Summary and dehvered same to Mayor Oberndorf Mayor Oberndorf read the Summary "The USFHA ts a national cahber women's sports orgamzatton, more specifically the nattonal govermng body for the Sport of Women's Fteld Hockey tn the Untted States of Amertca The USFHA ts responstble for the preparatton and tratntng of teams to compete tn the Olymptcs. Pan Amertcan Games. the World Cup and other major tnternattonal tournaments and events The USFHA would utthze the facthty for tratntng and prepartng thetr team (or teams)for nattonal/tnternattonal sporttng events Substanttally. all the members of the Team wtll relocate to the City and wtll hve. work and tratn tn the greater Vtrgtnta Beach communtty The USFHA's proposal for cost parttctpatton and use of the factltty, as outhned tn the attached Jotnt Use and Cost Parttctpatton Agreement. provtdes, tn part. as follows The USFHA wtll contrtbute and/or shall engage thtrd parttes to contrtbute labor and matertals for constructton of the Astro turffields aggregattng $400.000 The USFHA shall also loan the Ctty. separately, the sum of $600.000 to be used by the Ctty solely for the cost of destgn, development and constructton of the facthty The USFHA proposes that each party. (the Ctty and the USFHA). be entttled to retatn all net tncome generated by events conducted by them at the facthty wtth the exceptton of jotnt field hockey events wtth respect to whtch the revenue would be shared equally The USFHA contemplates that the City shall be responstble for the master scheduhng of events and tramtng programs at the factltttes All ts outhned tn the attached dotnt Use and Cost Parttctpatton Agreement The Agreement provtdes that the percentage of ttme avatlable for use of the facthty by the Ctty and tts authortzed users wtll be approxtmately 60% of the ttme avatlable and thepercentage of trine avatlable for use by USFHA wtll be approxtmately 40% of the ttme avatlable In addttton, tt ts anttctpated that the dotnt Use and Cost Parttctpatton Agreement. when finahzed, can contatn a provtston whtch governs the estabhshment of a repatr/replacement fund for the astro turf fields to be constructed as part of the facthty Thts fund shall be created through pertodtc contrtbuttons by the City and USFHA generally tn accordance with the percentage of use of thts facthty by each party or the: permttted or authortzed users" The Mayor asked "Are there any other btds to be offered to the Ctty Counctl thts evemng ~ Stnce. I see no other offers. I hereby close the offers for the btds and l now open the Pubhc Heartng" June 26, 2001 - 28 - Item VI-I. 1. PUBLIC HEARING ITEM # 48338 Mayor Oberndorf DECLARED A PUBLIC HEARING: UNITED STATES FIELD HOCKEY NATIONAL TRAINING CENTER There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. June 26, 2001 - 29 - Item FI-I.$. MA YOR 'S PRESENTATION ITEM # 48339 Mayor Oberndorf recogntzed Dr. Roger Purce, Pastor- Groomsport Presbyterian Church of North Down, Ireland Dr Purce was Mayor Alan Chambers 'Presbyterian mtntster and the Mayor's Chaplatn durmg hts tenure as Mayor of our Stster Ctty, North Down Co, Bangor He and hts wtfe, Doreen, and thetr daughter Emma, accompanted Dr Purce They are vtstttngfrtends tn Suffolk Mayor Oberndorf recogmzed Dr Purce as an HONORARY CITIZEN The certtficate was stgned by all Members of Ctty Counctl The mayor presented Dr Purce and hts famdy mementoes of the Ctty June 26, 2001 - 30- Item VI-J. ORDIN~4NCES/RES OL UTION ITEM #48340 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED IN ONE MOTION, Ordtnances/Resolutton 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of the CONSENT AGENDA. Vottng 10-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Wtlham W Harrtson, Jr June 26, 2001 - 31 - Item VI-J.l.a/b. ORDINANCES/RES OL UTION ITEM #48341 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordtnance re Multi-Use Recreational Fields: AND, ACCEPTED/AWARDED BIDS pursuant to a jotnt use and cost parttctpatton agreement whtch includes a First Class Training Facility for a nattonal cahber Women's Sports Team for nattonal and mternattonal competttton, allow other compattble pubhc uses, and, authortze the Ctty Manager to execute the Agreement AMEND the scope and financtng sources of the Multt-Use Recreattonal Ftelds, TRANSFER $264,719 to the proJect from the FY 2000-01 operattng budget of the Department of Parks and Recreatton, and, the total programmed cost of the project be reduced to $2, 744, 719 A revtsedpage was presented for the FY 2002 Capttal Budget and CIP Vottng 9-1 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay Reba S McClanan Counctl Members Absent Wdham W Harrtson, Jr June 26, 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ORDINANCE NO. AN ORDINANCE TO AWARD TO UNITED STATES FIELD HOCKEY ASSOCIATION (USFHA) A JOINT USE AND COS/ PARIIClPATION AGREEMENT FOR MULTI-USE RECREATIONAL FIELDS WHICH INCLUDE A FIRST CLASS WOMEN'S TRAINING FACILITY TO BE OWNED AND CONSTRUCTED BY THE CITY OF VIRGINIA BEACH IN THE PRINCESS ANNE DISTRICT, FOR THE PURPOSE OF PREPARING AND TRAINING A NATIONAL CALIBER WOMEN'S SPORTS TEAM FOR NATIONAL AND INTERNATIONAL COMPETITION AND FOR SUCH OTHER PUBLIC USES THE CITY DEEMS COMPATIBLE WITH THE OPERATION OF A FIRST CLASS WOMEN'S TRAINING FACILITY WHEREAS, the City of Virginia Beach (the "City") has determined that the development, design and construction a first class women's sports training facility on approximately forty (40) acres of real property owned by the City located at Princess Anne Commons in the Princess Anne District of the City (the "Facility") will be of benefit to the City and its citizens given, among other things, the increased availability of first-class fields to the Virginia Beach community, the influx of tax revenues that will be generated by the use of the Facility by the Virginia Beach community and by national and international competitors, and the demonstration of the City's commitment to providing recreational opportunities to its citizens; WHEREAS, the Facility will be comprised of two Astro Turf 96 artificial turf multi-purpose fields with in-ground irrigation systems meeting FIH standards, temporary bleacher seating for up to 6,000 spectators, a small on-site equipment room (if needed), a small locker room facility (if needed), lighting for both fields and, perhaps, an additional grass practice field and will be located on approximately 40 acres of real property owned by the City; WHEREAS, the City has invited bids for the cost participation in the development, design and construction, and joint use, of the Facility and has completed publication thereof, as well as of a descriptive notice of this ordinance, as proposed, and the Clerk has laid before the City Council a certificate of due publication of the same once per week for four successive weeks in a newspaper of general circulation in the City, in the manner prescribed by law; and WHEREAS, all respondent bids were delivered to the Mayor in open session on the day and time named in the advertisement and were read aloud; and 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 WHEREAS, [ USFHA has submitted the highest bid from a responsible bidder for the award of such joint use and cost participation agreement] [City Council has rejected the highest bid and has determined that USFHA has submitted the best bid from a responsible bidder because, in USFHA advisable]; Council's opinion, , which makes the City's rejection of the highest bid WHEREAS, pursuant to Section 15.2-1800 of the Code of Virginia the City Council has held a public hearing regarding the award of the joint use and cost participation agreement; and WHEREAS, in the opinion of the City Council, it is expedient and in the best ~nterests of the City that the said joint use and cost participation agreement should be granted to USFHA NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the bid of USFHA be, and hereby is, accepted, and that the aforesaid joint use and cost participation agreement be, and hereby is, awarded to USFHA , upon the conditions set forth in such joint use and cost participation agreement. 2. That the name of USFHA shall be inserted in the aforesaid joint use and cost participation agreement, and that the City Manager shall execute, on behalf of the City, the Joint Use and Cost Participation Agreement in accordance with the attached Summary of Terms and such other insertions and modifications as may be deemed necessary and/or advisable by the City Manager and may be approved by the City Attorney and are consistent with the proposal offered by USFHA an~ hereby awarded by City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of June, 2001. APPROVED AS TO CONTENT: Dep~T'~f Parks & ~e~eation CA-8129 F \Data~,TY\Ord~n\NONCODE\ca8129 ord wpd APPROVED AS TO LEGAL SUFFICIENCY: _.__ , City Attorney's Office ~/ June 20, 2001 SUMMARY OF TERMS JOINT USE AND COST PARTICIPATION AGREEMENT BETWEEN TItE CITY OF VIRGINIA BEACH AND UNITED STATES FIELD HOCKEY ASSOCIATION FOR THE DESIGN, CONSTRUCTION AND SHARED USE OF MULTI-USE RECREATIONAl, FIELDS WIIlCIt INCLUDE A FIRST CLASS WOMEN'S TRAINING FACILITY IN THE PRINCESS ANNE DISTRICT OF THE CITY OF VIRGINIA BEACIt OWNER: PARTICIPANT: City of Vii gmla Beach United States Field Hockey Association PROPERTY: IISE OF FACILITY: TEI~VI: Approximately 40 acres of real pi operty located at Princess Anne Commons in the Princess Anne District of the City of V~rgmia Beach Participant shall use the Facility as the primary training center for the preparation and training of women's field hockey teams to compete in the Olympic games, the Pan American games, the World Cup and other major international tournaments and events The Facility will also seive as the primary location of the United States Women's Field Hockey Team All uses of the Facility not expressly authorized under the Agreement shall require the prior written approval of the City The City shall be responsible for the scheduling of events and maintaining the master schedule for the Facility Joint rise of the Facility Is estimated to be 60% for the City and 40% for Participant Participant shall have the right to use the Facility, subject to the terms and conditions of the Agreement, beginning on the date Phase I of the Facility IS completed and (unless earlier terminated in accordance with the prowsions of the Agieement) ending on December 31, 2013 Pmtlc~pant shall have the right to extend the term of the Agreement with the mutual agreement of the City CONSTRUCTION OF TIlE FACILITY: PHASE I The City shall undertake all development and construction work for the Facility (other than the Installation of the artificial turf surfaces) promptly after the execution of the Agreement and shall use all reasonable efforts to cause Phase I of the Facility to be completed by October, 2001 PHASE II SubJect to appropriation of monies by City Council, the City shall commence the construction of Phase II of the Facility and shall use all reasonable eflbrts to cause Phase II of the Facility to be completed on or beibre 18 months after all necessary City Council approvals and appropriations have been effected SPECIAL TERMS AND CONDITIONS: Participant shall contract directly for the manufactunng, cutting, delivery and installation of the artificial turf playing surfaces for the two artificial turf fields to be constructed and completed in connection with Phase I of the Facility Such contract shall provide that the delivery and installation of the artificial turf surfaces shall occur on or before September 30, 2001, such that Phase I of the Facility can be completed and the artificial turf surfaces certified as meeting FIH standards on or before October, 2001 Participant shall ensure that the City receives an assignment of the benefit of all warranties related to the artificial turf surfaces and their installation Any vacuums and other cleaning equipment used in the maintenance and cleaning of the artificial turf surfaces shall become the property of the City upon termination of this Agreement The City has the exclusive right to prowde any and all food and beverage catering and other concessions at and for the Facdity and shall retain all concession revenues The City reserves exclusive control and management over the parking areas at the Facility in connection w~th all events Absent written agreement of the City Participant shall not charge parking fees to any patron of any event The City reserves the right to make and enforce all rules and regulations which it deems necessary for the management and operation of the Facility On or before March 1 of each year, the C~ty and Partic~pant shall prepare and submit to the City Council of the City the Joint Utd~zation Report. Participant and the C~ty shall each maintain accurate and complete records regarding the use of the Facility Part~cipant shall cooperate w~th the C~ty ~n providing the ~nformat~on necessary to allow the C~ty and Participant to timely submit the Joint Utdlzat~on Report each year The joint use of the Sportsplex, School and City recreational facdities shall be set forth in the Agreement with the final wording to be satisfactory to the City Manager and the City Attorney The final wording of all terms and conditions of this Agreement shall be satisfactory to the City Manager and the C~ty Attorney COSTS: The costs associated with the Facdity and the City and Participant shares are set forth as follows. Phase I Cost- $2,364,719 (artificial fields, water & sewer, parking, fencing, scoreboards, irrigation) Cost Share - Phase I City Contribution: · $1,364,719 d~rect City funding · *$ 600,000 loan proceeds from Participant Participant Contribution: · $ 400,000 direct contribution Phase II Cost- $1,100,000 (restrooms, hght~ng, bleachers, storage, grassfield, lockers) Cost Share - Phase II City Contribution' · $1,100,000 direct City funding Participant Contribution: · $0 * In addition to its $400,000 project share/contribution, Participant is to advance/lend the City $600,000 at no interest/1 year term, to assist in Phase I funding F \Data~TY\OrdmXNONCODE\fieldhockey sum wpd 10 11 12 13 14 15 16 17 I8 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE TO AMEND THE SCOPE AND FINANCING SOURCES OF CIP PROJECT #4-028, MULTI-USE RECREATIONAL FIELDS, AND TO TRANSFER $264,719 TO THE PROJECT FROM THE PARKS AND RECREATION DEPARTMENT'S FY 2000-01 OPERATING BUDGET Whereas, the Joint Use and Cost Participation Agreement between the City of Virginia Beach and the United States Field Hockey Association (USFHA) requires modification of the scope and means of financing previously established by the City Council for Capital Project #4-028, Multi-Use Recreational Fields. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the scope of Capital project #4-028, Multi-Use Recreational Fields, is hereby amended to include the construction of an additional multi-use field in Phase I, rather than in Phase II of the project as originally adopted. 2. That the USFHA's cash contribution to the City for the project is hereby reduced from $400,000 to $280,000, and the residual balance of the $400,000 commitment is to be provided by USFHA through direct payments to the manufacturer for the installation and purchase of artificial turf. 3. That $264,719 is hereby transferred from the Parks and Recreation FY 2000-01 operating budget to Capital Project #4- 028, Multi-Use Recreational Fields, to reflect the increased cost of construction based on bids received. 4. That the total programmed cost of the project is reduced to $2,744,719. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of June 2001. CA-8151 Noncode/hockeyord.wpd R5 June 20, 2001 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~Z~ ~Se 'r~~ ~y~ Ma~ag~ent C '~ Construction Costs and Budget "Multi-Use Recrentionai Fields" l'roject 4-028 i. , i'roject Aclivity City USFilA Total Start Finish · Cost Cost Cost Phase i (2 Atltfictal'luif Fields} [)Cqlgll $100,000 A~ificlai Turf $720,000* 8/01 10/01 .... Cm~stluction $1,264,719 $280,000 6/01 10/01 i i ! i i i i i i i ii Total Cost of Phase I $1,364,719 $1,000,000 $2,364,719 6/01 10/111 I I i i i i i I I Jl I II I II I ! ~ I I I I I II Phase !! (Lockers, Bleachers, Lights, Equipment Storage, (;sass l'mlds) Pay Loan to USFilA** $600,000 $(600,000) 7/02 7/02 Design and Constructmn $ I, 100,000 7/02 8/0't Total Cost l'hasc ii $1,700,1}00 $1600,0001 $1,100,000 7/02 8/03 Tolal Cost of Project $3,064,719 $400,000 $3,464,719 . , .... . . . '[hc $720,()0() cost of Iht ml~ficml playing surface is a contribution flora USF! IA and ~s ~cflcclcd sn tim p~oject shccl as "non-p~og~a~mmd cosf' because ~t ~s not a C~ty app~ op~ ~al~on l lin $6()(),1)(}()loan I')aymcnl will be ~l~ulutlctl In Iht FY 2002-03 debt scrvmc i)mtmn ol linc {~pc~at~ng Imclgcl and wIll bc sulBccl Io ai~p~op~al~ons fm that fiscal year. C,ty ul Vlrg,ma Beach, V,~ g,ma F,scal Years 2001-02 through 2006-07 Capital hnprovemenl Program Project # and Title: 4-028 Multi-Use Recreatsonal Fields CIP Section Parks an..d .R .e .c r .e a. lion Business Area.: CultL!r.a.I & Recrealional Oppo. r!un!l~es _ . Prlo.rl!y Tolal Total Budgel , Unappropr!.aled Subseque.n.t Years Future i Programmed Appropriations Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Funding Funds To. Date .Fy 2001-02 Fy 2002-03 FY 2003-04 Fy..2004-05. ,FY 2005-06 FY 2006-07 Re({.u. irumenl 2,744,719 1,644,719 0 1,100,000 0 0 0 0 0 Th~s prelect provides Ior the design and construction el two amhc~al lurl play~ng surlace w~th ~n-ground ~rngal~on, s~te ~mprovemenls and all ut~hty improvements lot all phases el the prelect Thru prelect will be bL,~lt m two phases The hrst phase ~ncludes the construction el two amhcml Iud playing holds and the associated ~rngat~on and s~te ~mprovements 1'he second phase el Ihe prelect includes the construction el restroom lac~lmes, hght~ng, and bl,eachers The proposed s~te lot tile mult~ use recreahonal helds ~s located adjacent to the ex~sl~ng Sportsplex Th~s will allow lor stlared use el the Sporlsplex access roads, parktng and locker room lactht~es The mulh-use recreattonal holds wtll be avmlable lot City designated usage Th~s prelect wdl move the C~ty closer to the desired outcome of creating a M~d-Atlant~c Amateur Spor~s Trmmng and Compel~t~on Cenler in V~rgmia Beach The budding el Ihe muIFuse recreational helds ~n cooperation w~th the Umted States F~eld Hockey Association (USFHA) will provide the C~ly w~lh several opportumt~es for pos~l~ve economic ~rnpacl USFHA has committed to bnng a nallonal field hockey iesl~val to V~rgm~a Beach In Oclober, 1999, members of the C~ty's Convenhon and V~s~tor Development Deparlmenl attended the U S Olympic Congress ~n Colorado Springs, CO. While there, C~ty slall met w~tll represental~ves Irom the U. S F~eld Hockey Assoc~ahon to sohc~l USFHA Iournamenls Ior V~rginia Beach During lhal meelmg, USFHA provided slall w~lh a requesl lot proposal (RFP) lot an easl coasl Irammg rote Alter reviewing Ihe request Ior proposal, slali began working w~lh a local group, V~rgm~a Deach Field Hockey (VBFH), who were very supportive and agreed to parlner w~th tile C~ty on the response to the RFP Pending the City's approval el th~s project, USFHA has made a commitment and intends to start moving their players and stall to the area in Aprd, 2001 They wdl use the i~eld at Old Dominion Umvers~ty unld Ihe multi-use recreal~on holds (phase I) are compleled Basis Ior Estimate FY 2001-02 FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 8,333 I 0,000 10,300 10,600 10,925 ! 1,250 Activity From - To Amount ---~.~,,~"~,,~-'l'~_~x-'~?O ¢~.~-~ '~,~"~.~\\\\\\'~'~~ Des,gn ' '' ~ ' "10'~).'0'00 ~~ Conslrucl~on 05/01 08~03 3,364,719 ~%~'~- j'~l~.~,l...__ --, ,-- , , , ..- . [ , Total Budgetary Cost Estimate 3.,164,719 ~~~ Tolal Non-Programmed Cosls 720,000 .-,..~ .- ... / _ -~ ,-- - ~;, t..t_L. ~" ' '.' '"'-- Tolal Pro rammed Costs 2 7,1; 7 t 9 ,,. ,_ ..... M::- ., _-, --,.__ I_.... -'- P~i~s-Ah~'~-~'-~-' _~ .....~-~'" % Fq.n.d,n.q Source , Amou~nt -'-":_ - --- ,---'-~.~ --.' ~' ~, tj.,-~'"..~.~....:......~,~, lj 1994 Charter Bonds 49,768 -- _ .... ,'~ \ ~. '.., ~ J:. '~.- :~ ..,. : {'- ".. ~ t. 1995 Cllarler Bonds 49.000 -' _ ( ". \ \ ..) o.0s ,,,00,000 ---'~'=Z' :a-~-..~ j .'~: 'l /!:i~ Fund Balance - FY 2000 357,500 "~:.~'~ ' / i ! ~ ~' ?./'.: I JJ JT~/~ Operal,~j Budgel 764,719 -. ~',. i ~ ';"!:; I I I I I I I I I I1'"'., Pnvale L;onlrlbullofl 280,000 ~ '~~~/11 1 I l J iIil II ,' TGIF Pay-As-You-Go !43,73~ ~ ~'---:--:.._L~./.L..//.~/.j¢ ~ ,I. , , Tolal Programmed F~nanmng 2 744 719 ¥ ..... .'"'-_= _ =~ , , ~' .------'------- ...... ~ l 1///, FL, IL,re Fund, ng Requ,remonls 0 ' / / .... \::4::_:: ...,_ / I ? -- 2,'-'--,:-' --' --- -C.: ..... ~ ,' ~----'----~z , , Fiscal Year 2001-02 1 Parks and Recreation - 32- Item VI-A,?. ORDINANCES/RES OL UTION ITEM #48342 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, Ctty Counctl ADOPTED: Ordtnances to AMEND the Ctty Code a 3g 6-9 re rtdtng bicycles and otherpedal-powered vehicles on the Boardwalk b 3g 6-122 2 re consenttng to blood or breath testing tn Boattng Under the Influence cases c Approprtatesecttons of Chapter 7, ADDING3g 7-49 1 re bicycles and mopeds ~3g 21-31, 21-51, 21-296 and 21-360 re bringing motor vehicles tnto conformity wtth state law re funeral processtons, hcense plates and school crosstng guards e ADDING 3g 21-112 re warning devices requtred on self- propelled vehtcles selhng products f ~ 21-206 re weighing vehicles and unloading excess loads 3g 21-207 re liquidated damages for vtolatton of weight hmtts, storage, dtsposttton, etc , of vehtcle and cargo tnvolved tn weight violation h 3g 21-344 re reimbursement to emergency response teams for expenses of respondtng to driving while impaired 3g 23-50 re nottce requtred for City cutting excesstve growth of weeds or grass on vacant developed or undeveloped prtvately owned property Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Council Members Absent Wtlham W Harrtson, Jr June 26, 2001 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE TO AMEND AND REORDAIN SECTION 6-9 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO RIDING BICYCLES AND OTHER PEDAL-POWERED VEHICLES ON BOARDWALK SECTION AMENDED' 6-9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6-9 be amended to read as follows: Sec. 6-9. Riding bicycles, electric power-assisted bicycles and other pedal-powered vehicles on boardwalk. (a) It shall be unlawful for any person to operate any bicycle or electric power-assisted bicycles upon the boardwalk along the Atlantic Ocean at any time where the city has designated a bicycle path adjacent to the boardwalk. (b) It shall be unlawful for any person to operate on the boardwalk along the Atlantic Ocean at any time any pedal powered vehicle that is muscle-powered, having more than two (2) wheels and any wheel diameter greater than twelve (12) inches. (c) The prohibitions set forth herein shall not be applicable to city employees on official business, or to employees of the franchisee authorized to perform lifeguard services, or employees of any other franchisee or permittee authorized to provide boardwalk services, provided such employees are on duty and the provision of such services requires the use of a bicycle, electric power-assisted bicycle or any pedal-powered vehicle that is muscle-powered and has more than two (2) wheels and any wheel diameter greater than twelve (12) inches. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of June, 2001. CA-8161 ORDIN\PROPOSED\06-009ord.wpd June 13, 2001 R2 AN ORDINANCE TO AMEND SECTION 6- 122.2 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA PERTAINING TO CONSENT TO BLOOD OR BREATH TEST IN BOATING UNDER THE INFLUENCE CASES SECTION AMENDED' 6-122.2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6-122.2 is amended to read as follows: Sec. 6-122.2. Consent to blood or breath test. (a) Any person who operates a watercraft or motorboat which is underway upon waters of the commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his or her blood, breath or both blood and breath taken for a chemical test to determine the alcohol, drug or both alcohol and drug content of his or her blood, if such person is arrested for operating a watercraft or motorboat which is underway in violation of subsection (a) of sections 6-122 or 6-122.01, within two (2) hours of the alleged offense. Any person so arrested for a violation of clause (i) or (ii), or both, of section 6-122(a), or for a violation of section 6-122.01(a), shall submit to a breath test. If the breath test is not available, or the person physically unable to submit to a breath test, a blood test shall be given. The accused shall, prior to the administration of the test, be advised by the person administering the test that he/she has a right to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. If such equipment automatically produces a written printout of the breath test result, this written printout, or a copy thereof, shall be given to the accused in each case. (b) Any person, after having been arrested for a vlolatzon of clause (iii) or (iv) of section 6-122(a) or for a violation of section 6-122.01, may be required to submit to a blood test to determine the drug or both drug and alcohol content of his or her 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 55 56 57 58 59 6O 61 62 63 64 65 66 67 blood. When a person, after having been arrested for a violation of clause (i) or (ii), or both, of section 6-122(a) or for a violation section 6-122.01, submits to a breath test, in accordance with subsection (a) of this section, or refuses to take or is incapable of taking such a breath test, he/she may be required to submit to tests to determine the drug or both drug and alcohol content of his or her blood if the law-enforcement officer has reasonable cause to believe the person was operating a watercraft or motorboat under the influence of any drug or combination of drugs, or the combined influence of alcohol and drugs. (c) If a person, after being arrested for a violation of subsection (a) of sections 6-122 or 6-122.01 and after having been advised by the arresting officer that a person who operates a watercraft or motorboat which is underway upon the waters of the commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have a sample of his or her blood and breath taken for a chemical test to determine the alcohol or drug content of his or her blood, and that the unreasonable refusal to do so constitutes grounds for a court to order him or her not to operate a watercraft or motorboat which is underway upon the waters of the commonwealth, then refuses to permit the taking of a sample of his or her blood or breath or both blood and breath samples for such tests, the arresting officer shall take the person arrested before a committing magistrate. If the person is unable to be taken before a magistrate because the person is taken to a medical facility for treatment or evaluation of his medzcal condition, the arresting officer at a medical facility, in the presence of a witness other than a law-enforcement officer, shall again advise the person, at the medical facility, of the law requirinq blood or breath samples to be taken and the penalty for refusal. If he/she again so refuses after having been further advzsed by such magistrate or by the arrestinq officer of the law requiring a blood or breath sample to be taken and the penalty for refusal, and so 2 68 69 7O 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 declares again his or her refusal in writing upon a form provided by the Supreme Court of Virginia, or refuses or fails to so declare in writing and such fact is certified as prescribed in Code of Virginia, section 18.2-268.3, then no blood or breath sample shall be taken even though he/she may thereafter request same. (d) When any person is arrested for operating a watercraft or motorboat which is underway in violation of subsection (a) of section 6-122, the procedures and requirements of Code of Virginia, sections 18.2-268.1 through 18.2-268.11 shall apply, mutatis mutandis, to this section. (e) If the court or jury finds the defendant guilty of unreasonably refusing to permit a blood or breath sample to be taken, the court shall order such person not to operate a watercraft or motorboat which is underway for a period of twelve (12) months for a first offense and for twenty-four (24) months for a second or subsequent offense of refusal within five (5) years of the first or other such refusal. However, if the defendant pleads guilty to a violation of subsection (a) of sections 6-122 or 6-122.01, the court may dismiss the refusal warrant. 87 88 Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of June, 2001. CA-8160 ORDIN\PROPOSED\06-122.2ord.wpd June 13, 2001 R2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 AN ORDINANCE TO AMEND CHAPTER 7 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO BICYCLES AND MOPEDS SECTIONS AMENDED: 7-1, 7-3, 7-4, 7- 5,7-6, 7-7, 7-8, 7-9, 7-21, 7-22, 7- 23, 7-24, 7-25, 7-29, 7-30, 7-31, 7- 47, 7-48, 7-49, 7-50, 7-50.1, 7-51, 7-52, 7-52.1, 7-53, 7-55, 7-56, 7- 57,7-58, 7-59, 7-60, 7-61, 7-62 SECTION ADDED' 7-49.1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 7-1, 7-3, 7-4, 7-5,7-6, 7-7, 7-8, 7-9, 7-21, 7- 22, 7-23, 7-24, 7-25, 7-29, 7-30, 7-31, 7-47, 7-48, 7-49, 7-50, 7- 50.1, 7-51, 7-52, 7-52.1, 7-53, 7-55, 7-56, 7-57,7-58, 7-59, 7-60, 7-61, 7-62 of the Code of the City of Virginia Beach, Virginia are hereby amended and reordained, and a new section §7-49.1 is hereby added, to read as follows: Section 7-1. Definitions. For the purposes of this chapter, the following words shall have the meanings ascribed to them in this section, unless clearly indicated to the contrary: Bicycle: A device propelled solely by human power, having pedals, two (2) or more wheels, and a seat height of more than twenty-five (25) inches from the ground when adjusted to its maximum height. Electric power-assisted bicycle: A bicycle equipped with an electric motor that reduces the pedal effort of the rider, but does not eliminate the rider's need to pedal. An electric power- assisted bicycle shall be a vehicle when operated on a highway. Highway: The entire width between the boundary lines of every way or place of whatever nature open to the use of the public for purposes of vehicular travel in this city, including the streets, alleys and publicly maintained parking lots in the city. Moped: A conveyance that is either (i) a bicycle-like device with pedals and a helper motor which is rated at no more than two (2) brake horsepower and which produces speeds up to a maximum of 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 thirty (30) miles per hour or (ii) a motorcycle with an engine displacement of fifty (50) cubic centimeters or less and a maximum speed of less than thirty (30) miles per hour. Vehicle' Every device in, upon or by which any person or property is or may be transported or drawn upon a highway; except devices moved by human power or used exclusively upon stationary rails or tracks. Sec. 7-3. Inspections. A police officer may, at any time, upon reasonable cause to believe that a bicycle, electric power-assisted bicycle or moped is unsafe and not equipped as required by this chapter or that the equipment is not in proper adjustment or repair, require the person riding the bicycle, electric power-assisted bicycle or moped to stop and submit the bicycle, electric power-assisted bicycle or moped to an inspection and such test with reference thereto as may be appropriate. Sec. 7-4. Removing, altering, etc., identification numbers. It shall be unlawful for any person to remove, change, alter or mutilate any bicycle, electric power-assisted bicycle or moped frame number. Sec. 7-5. Dealer not to sell bicycle, electric power-assisted bicycle and moped without permanent identification number. No person engaged in the business of selling bicycles~ electric power-assisted bicycles or mopeds at retail shall sell any bicycle, electric power-assisted bicycle or moped, unless the bicycle, electric power-assisted bicycle or moped has an identifying number permanently stamped or cast on its frame. Sec. 7-6. Record to be kept by dealers in secondhand bicycles~ electric power-assisted bicycles and mopeds. Every person engaged in the business of buying, selling, exchanging or trading in used or secondhand bicycles, electric 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 power-assisted bicycles or mopeds shall keep a record of all such transactions, including the make and frame number, and the name and address of the person from whom purchased or acquired or to whom sold and delivered, as the case may be, of each bicycle,., electric power-assisted bicycle or moped purchased, sold or exchanged. Such records shall be open for police inspection. Sec. 7-7. Dealers not to purchase secondhand bicycles,., electric power-assisted bicycles or mopeds from minors. It shall be unlawful for any person engaged in the business of buying, selling, exchanging or trading in used or secondhand bicycles, electric power-assisted bicycles or mopeds, to purchase any secondhand bicycle, electric power-assisted bicycle or moped from a person under eighteen (18) years of age. Sec. 7-8. Disposition of unclaimed bicycles, electric power- assisted bicycles or mopeds in custody of police department. The disposition of unclaimed bicycles, electric power-assisted bicycles or mopeds in the custody of the police department shall be in accordance with the provisions of article II of chapter 27 of this Code. Sec. 7-9. Rental agencies to comply with equipment requirements. A rental agency shall not rent or offer any bicycle, electric power-assisted bicycle or moped for rent unless the bicycle or moped is equipped with all equipment required by this chapter. Sec. 7-21. Authorized. Anyone may register a bicycle, electric power-assisted bicycle or moped in the city as provided in this article. Sec. 7-22. Application. (a) The registration of bicycles, electric power-assisted bicycles or mopeds shall be upon written application therefor made to the treasurer of the city, on forms provided for that purpose. (b) Ail persons engaged in the business of selling bicycles~ electric power-assisted bicycles or mopeds shall have application 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 forms for registration available to all persons buying bicycles~ electric power-assisted bicycles or mopeds. Sec. 7-23. Proof of ownership of bicycle, electric power- assisted bicycle or moped if frame number illegible. It shall be unlawful for any person to remove, change, alter or mutilate any bicycle, electric power-assisted bicycle or moped frame number. Sec. 7-24. Fee. The fee for registration of a bicycle, electric power-assisted bicycle or moped under this article shall be one dollar ($1.00), which fee shall be paid to the city treasurer at the time of such registration. Sec. 7-25. Issuance of card and decal. Upon proper application and the payment of the registration fee provided for in this article, the treasurer of the city shall issue to such applicant a bicycle, electric power-assisted bicycle or moped registration card and a decal, to be affixed to the bicycle or moped, bearing the registration number assigned to the bicycle, electric power-assisted bicycle or moped and the name of the city. Handicapped applicants shall so indicate on the application form and a special plate or tag for the handicapped shall be issued upon proper application and payment of the prescribed fee. Sec. 7-29. Replacement of mutilated, lost or stolen decal. When any decal issued under this article is badly mutilated, lost, stolen or misplaced and cannot be found, upon presentation to the treasurer of the city of satisfactory evidence of such fact and proof of ownership, together with payment of a fee of twenty-five cents ($0.25), the treasurer shall issue another decal and shall change the registration of the bicycle, electric power-assisted bicycle or moped in question accordingly. 138 139 140 141 142 143 144 145 146 147 148 149 150 Sec. 7-30. Records to be kept. The treasurer of the city shall maintain a complete record of all bicycles, electric power-assisted bicycles and mopeds registered pursuant to this article, showing the name, address and phone number of the owner or the parent or guardian of the owner, the make, style and frame number of such bicycle, electric power- assisted bicycle or moped, the number of the decal issued therefor and a record of all fees collected by him under this article. Sec. 7-31. Disposition of fees. Fees collected under the terms of this article shall be used for the purpose of defraying the costs and expenses incident to the registration of bicycles, electric power-assisted bicycles or mopeds and for carrying out the provisions of this chapter. 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 Secs. 7-32--7-45. Reserved. ARTICLE III. EQUIPMENT AND OPERATING RULES* Sec. 7-47. Lights and reflectors. (a) Every bicycle, electric power-assisted bicycle and moped when in use between sunset and sunrise shall be equipped with a lamp on the front which shall emit a white light visible in clear weather from a distance of at least five hundred (500) feet to the front and with a red reflector on the rear of a type approved by the superintendent which shall be visible from all distances in clear weather from fifty (50) feet to three hundred (300) feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a red light visible in clear weather from a distance of five hundred (500) feet to the rear may be used in lieu of or in addition to the red reflector. (b) Every bicycle, electric power-assisted bicycle and moped when in use between sunset and sunrise shall be equipped with 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 reflective material of sufficient size and reflectivity to be visible from both sides for six hundred (600) feet, when directly in front of lawful lower beams of headlamps of a motor vehicle, or in lieu of such reflective material, with a lighted lamp visible from both sides from a distance of at least five hundred (500) feet. Sec. 7-48. Brakes. Every bicycle, electric power-assisted bicycle and moped when operated upon a highway shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement. Sec. 7-49.1 Special provisions for electric power-assisted bicycles. Ail electric power-assisted bicycles shall be equipped with spill-proof, sealed, or gel batteries. No person shall at any time or at any location drive an electric-assisted bicycle faster than twenty-five miles per hour. No person less than fourteen years old shall drive any electric power-assisted bicycle unless under the immediate supervision of a person who is at least eighteen years old. 190 191 192 193 194 195 196 197 198 199 Sec. 7-50. Riding bicycles,., electric .power-assisted bicycles and mopeds on roadways and bicycle paths. (a) Any person operating a bicycle, electric power-assisted bicycle or moped upon a roadway shall ride as close as practicable to the right-hand curb or edge of the roadway, except under any of the following circumstances: (1) When overtaking and passing any vehicle proceeding in the same direction; (2) When preparing for a left turn at an intersection or into a private road or driveway; and 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 (3) When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right-hand curb or edge. For purposes of this section, a "substandard width lane" is a lane too narrow for a bicycle, electric power-assisted bicycle or moped and another vehicle to pass safely side by side within the lane. (b) Persons riding bicycles or electric power-assisted bicycles upon a highway shall not ride two (2) or more abreast except on paths or parts of highways set aside for the exclusive use of bicycles. (c) The city manager may designate a lane for the exclusive use of bicycles, electric power-assisted bicycles and mopeds. A motor vehicle may enter or cross this lane for the purpose of access to adjacent property, but a motor vehicle shall not be driven or parked in this lane. (d) Notwithstanding the foregoing provisions, during the period of April 15 through September 30, it shall be unlawful for any person to operate a moped on Atlantic Avenue, or a four-wheeled bicycle on Atlantic Avenue, Pacific Avenue, or side streets east of Pacific Avenue, from Rudee Inlet to 42nd Street. (e) The provisions of subsection (d) of this section shall not be applicable to (i) any police officer or other city employee operating a moped in the performance of official duties, (ii) any person operating a moped for the purpose of traveling to or from his or her place of employment via the most direct route, or (iii) any person walking (but not riding) a rental moped or four-wheeled bicycle from the business at which it was rented to an area where its operation is permissible, and 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 from any such area back to such business, via the most direct route. Sec. 7-50.1. Overtaking and passing vehicles. (a) A person riding a bicycle, electric power-assisted bicycle or moped may overtake and pass another vehicle on either the left or right side, staying in the same lane as the overtaken vehicle, or changing to a different lane, or riding off the roadway as necessary to pass with safety. (b) A person riding a bicycle, electric power-assisted bicycle or moped may overtake and pass another vehicle only under conditions which permit the movement to be made with safety. {c) A person riding a bicycle, electric power-assisted bicycle or moped shall not travel between two (2) lanes of traffic moving in the same direction, except where one lane is a separate turn lane or a mandatory turn lane. (d) Except as otherwise provided in this section, a person riding a bicycle, electric power-assisted bicycle or moped shall comply with all rules applicable to the driver of a vehicle when overtaking and passing. Sec. 7-51. Applicability of traffic regulations to riders. Every person riding a bicycle, electric power-assisted bicycle or moped upon a highway within the corporate limits of the city shall be granted all the rights and shall be subject to all the duties and responsibilities applicable to the driver of motor vehicles under the laws of the state and the traffic ordinances of the city, except as to those provisions which, by their very nature, can have no application. 259 260 261 Sec. 7-52. Compliance with traffic signals and police directions. Every person riding a bicycle, electric power-assisted bicycle or moped on any highway shall comply with all traffic signs, 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 signals and lights and with all directions by voice, hand or otherwise, given by a member of the police department of the city. Sec. 7-52.1. Left turns by bicycles, electric power-assisted bicycles and mopeds. (a) A person riding a bicycle, electric power-assisted bicycle or moped and intending to turn left shall follow a course described in section 21-235 or in subsection (b) of this section. (b) A person riding a bicycle, electric power-assisted bicycle or moped intending to turn left shall approach the turn as close as practicable to the right curb or edge of the roadway. After proceeding across the intersecting roadway, the rider shall comply with traffic signs or signals and continue his turn as close as practicable to the right curb or edge of the roadway being entered. (c) Notwithstanding the foregoing provisions, the state highway and transportation commission and the city manager, in their respective jurisdictions, may cause official traffic-control devices to be placed, and thereby require and direct that a specific course be traveled by turning bicycles, electric power-assisted bicycles and mopeds; and when such .devices are so placed, no person shall turn a bicycle, electric power- assisted bicycle or moped other than as directed and requzred by such devices. 286 287 288 289 290 291 292 Sec. 7-53. Use of seat required; carrying excess passengers. (a) A person propelling a bicycle, electric power-assisted bicycle or moped shall not ride other than upon or astride a permanent and regular seat attachment thereto. (b) No bicycle, electric power-assisted bicycle or moped shall be used to carry more persons at one time than the number for which it is designed and equipped. 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 Sec. 7-54. Rider to keep one hand on handlebars. No person shall ride a bicycle, electric power-assisted bicycle or moped on any highway without having at least one hand upon the handlebars. Sec. 7-55. Turn s~gnals. A signal of intention to turn right or left, when required, shall be given continuously by a person riding a bicycle, electric power-assisted bicycle or moped during not less than the last one hundred (100) feet traveled by the bicycle, electric power-assisted bicycle or moped before turning, and shall be given while the bicycle, electric power-assisted bicycle or moped is stopped waiting to turn. A signal by hand and arm need not be given continuously, if the hand is needed in the control or operation of the bicycle or moped. Sec. 7-56. Duty to stop before crossing, sidewalk or sidewalk area. Every person riding a bicycle, electric power-assisted bicycle or moped out of a lane, alley or private driveway across a sidewalk or sidewalk area shall bring such bicycle, electric power-assisted bicycle or moped to a stop before crossing such sidewalk or sidewalk area. Sec. 7-57. Riding on sidewalks. (a) It shall be unlawful for any person to ride a moped on any sidewalk or designated bicycle route within the city. (b) It shall be unlawful for any person to ride a bicycle o__r electric power-assisted bicycle on any sidewalk of Atlantic Avenue from Rudee Inlet to 42nd Street during the period of April 15 through September 30, inclusive. Bicycle and electric power-assisted bicycle riding is otherwise permitted on the sidewalks of the city, subject to the provisions of this section and section 6-9 of this Code. (c) The prohibition regarding bicycles and electric power-assisted bicycles contained in this section shall not apply to any 10 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 person who is handicapped and who has a city number plate or tag for the handicapped, issued pursuant to article II of this chapter, attached to his bicycle, or electric power-assisted bicycle or to any police officer riding a bicycle or electric power-assisted bicycle in the performance of official duties. (d) In locations where the riding of bicycles and electric power- assisted bicycles on sidewalks or crosswalks is not prohibited: (1) A person riding a bicycle or electric power- assisted bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the right-of-way to any pedestrian, shall give an audible signal before overtaking and passing such pedestrian, and shall dismount and walk the bicycle when necessary to avoid physical contact with any person; and (2) A person riding a bicycle, electric power-assisted bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall have all rights and duties of a pedestrian under the same circumstances (e) Violation of this section shall constitute a traffic infraction punishable by a fine of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00). Sec. 7-58. Reckless riding; speed. No person shall ride a bicycle, electric power-assisted bicycle or moped recklessly or at a speed faster than is reasonably proper, or in a manner so as to endanger the life, limb or property of the rider or of any other person. Sec. 7-59. Racing. (a) Bicycle, electric power-assisted bicycle or moped racing on the highways is prohibited except as authorized in this section. 11 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 (b) Bicycle, electric power-assisted bicycle or moped racing on a highway shall not be unlawful when a racing event has been approved by the city manager on any highway under the jurisdiction of the city. Approval of bicycle, electric power-assisted bicycle or moped highway racing events shall be granted only under conditions which assure reasonable safety for all race participants, spectators and other highway users, and which prevent unreasonable interference with traffic flow which would seriously inconvenience other highway users. (c) By agreement with the approving authority, participants in an approved bicycle, electric power-assisted bicycle and moped highway racing event may be exempted from compliance with any traffic laws otherwise applicable thereto, provided that traffic control is adequate to assure the safety of all highway users. Sec. 7-60. Clinging to vehicles. (a) No person riding upon any bicycle, electric power-assisted bicycle or moped, shall attach the same or himself to any moving vehicle upon a roadway. (b) Any person convicted of violating this section shall be fined not less than two dollars ($2.00) nor more than twenty-five dollars ($25.00). Sec. 7-61. Parking. (a) A person may park a bicycle, electric power-assisted bicycle or moped on a sidewalk unless prohibited or restricted by an official traffic-control device. (b) A bicycle, electric power-assisted bicycle or moped parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic. (c) A bicycle, electric power-assisted bicycle or moped may be parked on the roadway at any angle to the curb or edge of the roadway at any location where parking is allowed. 12 391 392 393 394 395 396 397 398 399 (d) A bicycle, electric power-assisted bicycle or moped may be parked abreast of another bicycle or bicycles and/or moped or mopeds at any location where parking is allowed. (e) A person shall not park a bicycle, electric power-assisted bicycle or moped on a roadway in such a manner as to obstruct the movement of a legally parked motor vehicle. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of June, 2001. CA-8162 ORDINkPROPOSED\07chapterord.wpd June 14, 2001 R3 13 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 AN ORDINANCE TO AMEND VARIOUS SECTIONS OF THE CITY CODE PERTAINING TO MOTOR VEHICLES BY BRINGING THEM INTO CONFORMITY WITH STATE LAW SECTIONS AMENDED: ~ 21-31, 21-51, 21-296 AND 21-360 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 21-31, 21-51, 21-296 and 21-360 of the City Code are hereby amended and reordained to read as follows: Sec. 21-31. Identification of vehicles in funeral processions. Ail motor vehicles participating in a funeral procession, when proceeding to any place of burial, shall display illuminated head lamps ~ or flash all four (4) turn siqnals or hazard lights, and display such other identification as the city manager may prescribe. Sec. 21-51. Attachment and display of license plates and decals. (a) It shall be unlawful for any person to operate, or for the owner thereof to knowingly permit the operation of, upon a highway or street of the city, any motor vehicle, trailer or semitrailer without having displayed thereon the license plate or plates and decal or decals assigned thereto by the division for the current registration year, whenever such license plate or plates are required by state law. (b) License plates assigned to a motor vehicle, other than a motorcycle, road tractor, tractor truck, trailer or semitrailer, or to persons licensed as motor vehicle dealers or transporters of unladen vehicles, shall be attached to such motor vehicle, one in front and the other in the rear. The license plate assigned to a motorcycle, trailer or semitrailer shall be attached to the rear thereof. The license plate assigned to a road tractor or tractor truck shall be attached to the front thereof. The license plates issued to licensed motor vehicle dealers and to persons licensed as transporters of unladen vehicles shall be attached to the rear of the vehicle to which it is assigned. 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 (c) Decals shall be attached to license plates in such manner as may be prescribed by the commissioner. (d) Every license plate shall at all times be securely fastened to the motor vehicle, trailer or semitrailer to which it is assigned, so as to prevent the plate from swinging, in a position to be clearly visible and in a condition to be clearly legible. Insignia, emblems or trailer hitchers or couplings shall not be mounted in such a way that any portion of the plate is illegible. (e) No colored qlass, colored plastic, or any other type of coverinq shall be placed, mounted or installed on or over any license plate if such glass, plastic or other type of covering in any way alters or obscures (i) the alpha-numeric information, (ii) the color of the license plate, (iii) the name or abbreviated name of the state wherein the vehicle is reqistered, or (iv) any character or characters, decal, stamp or other device indicating the month or year in which the vehicle's registration expires. 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 Sec. 21-296. Same--Precedence of signals given by law officers and school crossing guards. (a) Law-enforcement officers may assume control of traffic at any intersection, regardless of whether such intersection is controlled by lights, controlled by other traffic-control devices, or uncontrolled. Whenever any law-enforcement officer so assumes control of traffic, all drivers of vehicles shall obey his signals. (b) Officers of the law and uniformed school crossing guards may assume control of traffic otherwise controlled by lights, and in such event signals by such officers and uniformed crossing guards shall take precedence over such traffic-control devices. (~.) Uniformed school crossing guards may control traffic at any marked school crossinq, whether such crossinq is at an intersection or another location. 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 Sec. 21-360. Use of all four turn signals simultaneously when vehicle stopped in hazardous position. The operator of a motor vehicle, trailer or semitrailer when temporarily stopped on the traveled or paved portion of the highway so as to create a traffic hazard, shall use all four (4) turn signals simultaneously to signal approaching motorists of the existing hazard, whenever such vehicle is equipped with a device which will cause the four (4) turn signals to flash simultaneously. Ail four (4) signals may be flashed simultaneously on a vehicle stopped at the scene of a traffic hazard, when traveling as part of a funeral procession, or when traveling at a speed of thirty (30) miles per hour or less. Except for vehicles traveling as part of a funeral procession, all four turn signals shall not be flashed simultaneously while the vehicle is traveling faster than thirty (30) miles per hour. BE IT FURTHER ORDAINED: That this ordinance shall be effective as of July 1, 2001. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 26th day of June, 2001. CA-8164 DATA/ODIN/PROPOSED/21-031etalord.wpd R2 - June 18, 2001 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AN ORDINANCE TO AMEND CHAPTER 21 OF THE CITY CODE BY ADDING A NEW SECTION PERTAINING TO WARNING DEVICES REQUIRED ON CERTAIN VEHICLES SECTION ADDED: 21-112 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 21 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained by adding a new Section 21-112 to read as follows: Sec. 21-112. Warninq devices required on certain vehicles. (a) Any self-propelled vehicle used to sell ice cream, snacks and similar products at retail directly from the vehicle in residential neiqhborhoods shall be equipped with a device or devices, of a type approved by the Superintendent of State Police, in qood working order, that, whenever the vehicle is operated in reverse gear, automatically display a light siqnal and emit an audible alarm signal. The provisions of this section shall not be construed to authorize such vehicles to be equipped with red, blue, or amber warninq lights. (b) The provisions of this section shall not apply to vehicles commonly known as "concession trailers," "special events trailers" and similar equipment used to sell or dispense food, soft drinks, bottled water, fruit drinks, wine or malt beveraqes directly to consumers. 26 27 28 29 30 31 Adopted by the City Council of the City of Virginia Beach on this 26th day of June, 2001. CA-8170 F'kData\ATYkOrdin\PROPOSEDk21-112ord.wpd June 12, 2001 R-1 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 AN ORDINANCE TO AMEND SECTION 21-206 OF THE CODE OF THE CITY OF VIRGINIA BEACH, PERTAINING TO WEIGHING VEHICLES; UNLOADING EXCESS LOAD SECTION AMENDED: 21-206 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That ~ 21-206 of the City Code of the City of Virginia Beach, Virginia be amended to read as follows: Sec. 21-206. Weighing vehicles; unloading excess load. (a) Any officer authorized to enforce the provisions of this chapter, having reason to believe that the weight of a vehicle and load is unlawful, is authorized to weigh the load and the vehicle. If the place where the vehicle is stopped is ten (10) road miles or less from a permanent weighing station, the officer may, and upon demand of the driver shall, require the vehicle to proceed to such station. If the distance to the nearest permanent weighing station is more than ten (10) road miles, such vehicle may be weighed by wheel load weighers. Any operator who fails or refuses to drive his vehicle to such permanent weighing station or upon such scales or wheel load weighers upon the request and direction of the officer so to do shall be guilty of a Class 4 misdemeanor. Such penalty shall be in addition to any other penalties prescribed for exceeding the maximum weight permitted or for any other violation. (b) Should the officer find that the weight of any vehicle and its load is greater than that permitted by this article or that the weight of the load carried in or on such vehicle is greater than that which the vehicle is licensed to carry under the provisions of title 46.2 of the Code of Virginia, he may require the driver to unload, at the nearest place where the property unloaded may be stored or transferred to another vehicle, such portion of the load as may be necessary to decrease the gross weight of the vehicle to the maximum therefor permitted by this article or state law. Any property so unloaded shall be stored or cared for by the owner or operator of the overweight vehicle at the risk of such owner or 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 operator. However, notwithstanding the provisions of section 21-201, should the officer find that the gross weight of the vehicle and its load is within limits permitted under this chapter and does not exceed the limit for which the vehicle is registered, but that the axle weight of any axle, or axles of the vehicle exceeds that permitted under this chapter, the driver shall be allowed up to ~ hundzed twenty (120) sixty (60) minutes to shift his load within or upon that same vehicle in order to bring the axle weight or axle weights within proper limits. However, liquidated damages shall be assessed under ~ 21-207 based upon the weight prior to shiftinq the load, except for motor vehicles operatinq on non-interstate highways that qualify for weight extensions pursuant to ~ 21-205. Such load shifting shall be performed at the site where the vehicle was weighted and found to exceed allowable axle weight limits. No such load shifting shall be allowed if such load consists of hazardous material as defined in section 18.2-278.1 of the Code of Virginia. (c) If the driver of an overloaded vehicle is convicted, forfeits bail or purchases an increased license as a result of such weighing under this section, the court in addition to all other penalties shall assess and collect a weighing fee of two dollars ($2.00) from the owner or operator of the vehicle and shall forward such fee to the city treasurer, who shall allocate the same to the fund appropriated for the construction and maintenance of city highways. (d) In any court or legal proceedings in which any question arises as to the calibration or accuracy of any such scales at permanent weighing stations or wheel load weighers, a certificate, executed and signed under oath by the inspector calibrating or testing such device as to its accuracy as well as to the accuracy of the test weights used in such test, and stating the time of such test, type of tests and results of testing, shall be admissible when attested by one such inspector who executed and signed it as evidence of the facts therein stated and the results of such testing. 69 7O Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of June, 2001. CA-8168 ORDINkPROPOSED\21-206ord. wpd June 13, 2001 R2 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 AN ORDINANCE TO AMEND SECTION 21-207 OF THE CITY CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA PERTAINING TO LIQUIDATED DAMAGES FOR VIOLATION OF WEIGHT LIMITS; STORAGE, DISPOSITION, ETC., OF VEHICLE AND CARGO INVOLVED IN WEIGHT VIOLATION SECTION AMENDED: 21-207. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Sec. 21-207. That section 21-207 be amended to read as follows- Liquidated damages for violation of weight limits; storage, disposition, etc., of vehicle and cargo involved in weight violation. (a) Any person violating any weight limit as provided by this chapter or in any permit issued either by the Virginia Department of Transportation or by the city manager pursuant to this Code shall be assessed liquidated damages. The amount of those damages shall bel two bents ~u.u=, pek pound for each pound of excess weight over the prescribed~'~-~=~,,~= in this akt~cle for ~,~ =~u=oo ~,~ does not exceed f~ve thousand ~u,uuu~ pounds; k~= ~=~to ~u.u~ pek pound of =~=ss weight over the prescribed~'~-~t~.,~ in this article when such excess ..... f~= thousand (5, / Fuu~o; two ~=~to ~.~=/ per ,~uk= than =--- uou~^~ ...... = ...... ~ pound for each pound of excess axle weight over the prescribed '=-=~ :- permit .... d puts ..... t .... ~-- "~ ~ ''~ --- _=. ,~ ~ ,,~n ' ~- when the =~=== se~=mon ~.=-~k~u 'of the Code of Virgin~ k~v= ~,,~o~,,u COO pounds or I==~, f~ve ~=,~o ~.u~ pek pound for each pound of excess axle weight over the gross 46.2-I"'9ko or section ,u.=--kk~o of the Code of Vir nla when such exceos ~s more than f=---~= thousand {5,uu0) pounds; and .... n ,n, ............ ight ~=,,t~ ($~.~ pek pound for =~h pound of =~=~ we the prescribed limit in any permit issued pursuant to section ~u =--kk~ Ok o=~t~,, 4G 1140 of th= ~-~- of Vzrg~n~a 71 72 73 74 75 76 above. The provisions of subsection (b) shall not apply to pickup or panel trucks. (c) The charge hereinabove specified shall be in addition to any other liability which may be legally fixed against such owner or operator of the vehicle in question for damage to a highway or bridge attributable to such weight violation. 77 78 Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of June, 2001. 79 80 81 82 83 CA-8163 ORDINkPROPOSEDk21-207ord.wpd June 15, 2001 R2 AN ORDINANCE TO AMEND AND REORDAIN SECTION 21-344 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO REIMBURSEMENT FOR EXPENSES OF DRIVING WHILE IMPAIRED SECTION AMENDED' 21-344 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That section 21-344 be amended to read as follows: Sec. 21-344. Reimbursement for expenses of driving while impaired. (a) Any person who is convicted of violation of section 21-336 or section 6-122 of this Code, or of section 18.2-266 or section 29.1-738 of the Code of Virginia, when his operation of a motor vehicle, engine, train or watercraft while impaired is the proximate cause of any accident or incident resulting in an appropriate emergency response, shall be liable in a separate Clvll action to the city, and to any volunteer rescue squad, which may provide such emergency response for the reasonable expense thereof, in an amount not to exceed one thousand dollars ($1,000.00) in the aggregate for a particular accident or incident. In determinlnq the "reasonable expense," a locality may bill a flat fee of $100 or a minute-by-minute accountinq of the actual costs incurred. (b) As used in this section, "appropriate emergency response" includes all costs of providing law-enforcement, firefightlng, rescue, and emergency medical services. (c) The provisions of this section shall not preempt or limit any remedy available to the commonwealth, the city, or any volunteer rescue squad to recover the reasonable expenses of an emergency response to an accident or incident not involving impaired driving or operation of a vehicle as set forth herein. (d) No policy or contract of bodily injury or property damage liability insurance relating to the ownership, maintenance, or use of a motor vehicle, engine, train, motorboat, or watercraft issued, or issued for delivery, in the commonwealth shall ensure against any civil liability under this section. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of June, 2001. CA-8165 ORDIN~PROPOSED~21-344ord.wpd June 12, 2001 RI 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO NOTICE REQUIRED FOR CITY CUTTING OF' EXCESSIVE GROWTH OF WEEDS OR GRASS SECTION AMENDED: § 23-50 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 23-50 of the City Code is hereby amended and reordained to read as follows: Sec. 23-50. Accumulations of trash, garbage, etc., or excessive growth of weeds or grass. (a) Except as provided in subsection (e) hereof, upon determination by the director of housing and neighborhood preservation, the code enforcement administrator, or any inspector of the department of housing and neighborhood preservation, whether temporarily or permanently employed as such, that there exists upon any land or premises within the city, including the area between such land or premises and the curb line, any trash, garbage, refuse, litter or similar substances, except as may be placed thereon for purposes of collection in accordance with chapter 31 of this Code, notice shall be served on the owner of such land or premises or his or her agent, or on the occupant thereof, or both, to cause such trash, garbage, refuse, litter or similar substances to be removed from such land or premises within seven (7) days from the date of such notice. (b) Except as provided in subsections (e) and (f) hereof, upon determination by the director of housing and neighborhood preservation, the code enforcement administrator, or any inspector of the department of housing and neighborhood preservation, whether temporarily or permanently employed as such, that there exists on any land or premises within the city, including the area between such land or premises and the curb line, any grass, weeds, brush or similar vegetation in excess of ten (10) inches in height, notice shall be served on the owner of such land or premises or his or her agent, or on the occupant thereof, or both, to cause such grass, 35 36 37 38 39 4O 41 42 43 44 46 47 48 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 weeds, brush or similar vegetation to be cut and removed from such land or premises within seven (7) days from the date of such notice. (c) Service of the notice provided for in subsections (a) and (b) shall be by first-class mail, personal delivery or posting in a conspicuous place upon the land or premises; provided, however, that if the land or premises are unoccupied and the owner or his or her agent cannot be m~trn~ found by the exercise of due diligence or are unknown, such notice shall be sufficient against the owner if given by first-class mail to the owner's last known mailing address and posted in a conspicuous place upon the land or premises. The code enforcement administrator and inspectors of the department of housing and neighborhood preservation are hereby authorized to deliver or post such notices. One notice (as provided for in subsection (b)) per growing season is hereby deemed reasonable notice to owners of vacant developed or undeveloped property to authorize the city to remove or contract for the removal of any excessive growth of qrass, weeds, brush or similar veqetation for the entire qrowinq season. (d) Failure to comply with the terms of a notice issued and served as provided in this section within the time prescribed in such notice shall constitute a Class 2 misdemeanor. In addition to any penalties imposed hereunder, the city may institute legal action to enjoin the continuing violation of this section and may remove or contract for the removal of such trash, garbage, refuse, litter or similar substances or grass, weeds, brush or similar vegetation, in which event the cost and expenses thereof, including an administrative fee in the amount of one hundred dollars ($100.00), shall be chargeable to and paid by the owner ox occupant of the land or premises. Any such charge which is not paid within thirty (30) days of the date on which it is billed to the owner of such land or premises shall constitute a lien upon the property and may be collected in any manner provided by law for the collection 68 69 7O 71 72 of taxes; provided, however, that no such lien shall be valid against any owner of land or premises who was not served with the notice prescribed in subsection (a) or (b) hereinabove, as the case may be. 73 74 75 76 77 78 79 80 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 26th day of June, 2001. This ordinance shall be effective on July 1, 2001. CA-8142 PROPOSED/23-050ord.wpd R3 June 15, 2001 Item VI-J. 3. ORDINANCES/RES OL UTION - 33 - ITEM #48343 Upon motion by Vice Mayor Sessoms, seconded by Counctlman Branch, City Councd ADOPTED: Ordtnance to authortze the Ctty Manager to execute a contract between the Vtrgtnta Department of Forestry and the City for forest fire control servtces tn the southern half of the Ctty Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Wtlham W Harrtson, Jr June 26, 2001 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE VIRGINIA DEPARTMENT OF FORESTRY AND THE CITY FOR FOREST FIRE CONTROL SERVICES IN THE SOUTHERN HALF OF THE CITY WHEREAS, on August 10, 1964, City Council authorized the execution of a contract with the Virginia Department of Forestry which enabled the State Forester to provide forest fire 10 control services inthe southemhalfofthe City as set forth in Virginia Code §§ 10 1-1124and 10 1- 11 1125; 12 WHEREAS, circumstances in the City have changed since the contract was approved 21_3 36 years ago in that the City has less forest land and the Fire Department has transitioned from a 14 volunteer force to a paid professional force; 15 WHEREAS, City staff was troubled by a requirement in the contract that it pay a portion of the State Forest Warden's salary when such a requirement was not imposed on the City 17 of Chesapeake who share's the same Forest Warden, 18 WHEREAS, the City's Departments of Agriculture and Fire requested that the State Forester enter into a new contract which reflects the current forest land acreage and eliminates the 2 0 requirement for cost sharing of the State Forest Warden's salary; and 21 WHEREAS, the Virginia Department of Forestry has agreed to the City' s request and 22 has drafted a new contract in cooperation with City staff and the City Attorney's ()ffice which set 2 3 forth the responsibillt~es of the respective parties upon terms and conditions mutually agreeable to 24 all parties 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 2 6 VIRGINIA BEACH, VIRGINIA' 27 That the City Manager is hereby authorized to execute a contract between the Virginia 2 8 Department of Forestry and the City for fire control services in the southem half of the City in 2 9 accordance with the Summary of Terms attached hereto, and containing such other terms as are 3 0 acceptable to the City Manager and approved by the City Attorney. 3 1 Adopted by the Council ofthe City of Virginia Beach, Virginia, on the 26thday of 32 June ,2001. CA-8084 C \WINDOWS\TEMP\forestry ord wpd R-1 05/14/01 APPROVED AS TO CONTENT Agriculture APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Department of Law SUMMARY OF TERMS CONTRACT FOR FOREST FIRE CONTROL SERVICES IN THE SOUTHERN HALF OF THE CITY OF VIRGINIA BEACH PROVIDER OF SERVICES: RECIPIENT OF SERVICES: TERM: COMPENSATION: Virginia Department of Forestry (State Forester) City of Virginia Beach. Effective date of June 26, 2001 until terminated by either party. The City shall pay the State 5 cents per acre for 33,311 acres of forest land for a total cost $1665.55 on or before June 30th of each year. RIGHTS AND RESPONSIBILITIES OF CITY: Will assist the State with equipment and personnel in the control of fires on forest land located inside the primary forest protection area. Will reimburse the State for all expenses it incurs in assisting the City in suppressing fires located outside the primary forest area for which the City is responsible for all types of fire control. RIGHTS AND RESPONSIBILITIES OF VIRGINIA DEPARTMENT OF FORESTRY: Will accept responsibility for forest fire control activities in accordance with the current Commonwealth forest fire control organization and of an intensity similar to that existing in adjacent counties/cities. Will assist the City Fire Department, at the City's request, with eqmpment and personnel in the control of fires on forest land located outside the primary forest protection area. TERMINATION: PRIMARY FOREST PROTECTION AREA: Either party may terminate by providing the other party 90 days notice prior to any June 30th All that land in the City of Virginia Beach lying south of a line beginning at the north side of Stumpy Lake thence northeasterly along Elbow Road to Salem Road, thence southeasterly along Salem Road, Dam Neck Road (Landstown Road) to Princess Anne Road, thence easterly along Princess Anne Road (passing the Virginia Beach Municipal Center) to Sandbridge Road, thence easterly along Sandbndge Road to the Atlantic Ocean. C \WINDOWS\TEMP\forestry sum wpd - 34- Item VI-J. 4. ORDINANCES/RES OL UTION ITEM g48344 Rtchard Kramer, 512 Croatan Road, Phone 718, 6114, regtstered tn OPPOSITION Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Council DEFERRED TO CITY COUNCIL MEETING OF JUL Y 1 O, 2001: Ordtnance to authortze temporary encroachments tnto a portton of extsttng Ctty property known as Lake Wesley at 505 Kerry Lane (Croatan) by WA YNE C. and THERESA B. SA WYER to construct and maintain rip rap, gangway and a floatmg dock (DISTRICT 6 - BEACH) Vottng 10-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, ,Ir and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Wtlham W Harrison, Jr June 26, 2001 - 35- Item VI-J.$. ORDINANCES/RES OL UTION ITEM #48345 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl ADOPTED: Ordtnances to APPROPRIATE Southeastern Vtrgtnta Job Tratmng Admtntstratton (SVJTA) funds $209,435 to the FY 2000-O1 operattng budget of Social Servtces re enhancement of employment services and tncrease federal revenue accordtngly $65,017 grant to Houstng and Netghborhood Preservatton re personnel and operating costs for the Care Youth Leadership Camp, effecttve July 1, 2001, authorize the City Manager to execute a contract with the YMCA to operate the camp, and, tncrease state revenue accor&ngly Vottng 10-0 (By Consent) Counctl Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Wtlham W Harrtson, Jr June 26, 2001 - 36- Item VI-J. 6. ORDINANCES/RESOL UTION ITEM #48346 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Councd ADOPTED: Ordtnance to APPROPRIATE $300,000 from fund balance tn Comprehenstve Servtces Act Spectal Revenue, and, TRANSFER $310,812 from the Reserve for Conttngenctes for Juventle Detentton to the FY 2000- O1 operattng budget of the CSA Special Revenue Fund Vottng 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wdson Counctl Members Vottng Nay None Counctl Members Absent Wtlham W Harrtson, dr June 26, 2001 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE TO APPROPRIATE $300,000 FROM FUND BALANCE IN THE COMPREHENSIVE SERVICES ACT SPECIAL REVENUE FUND AND TO TRANSFER $310,812 FROM THE RESERVE FOR CONTINGENCIES FOR JUVENILE DETENTION TO THE FY 2000-01 OPERATING BUDGET OF THE COMPREHENSIVE SERVICES ACT SPECIAL REVENUE FUND WHEREAS, uncontrollable trends have created a deficit in the Comprehensive Services Act ("CSA") fund, which provides for services for emotionally troubled youth; and WHEREAS, funding is available in the CSA Special Revenue Fund, fund balance and in the Reserve for Contingencies for Juvenile Detention to remedy this deficit; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $300,000 is hereby appropriated from fund balance in the Comprehensive Services Act Special Revenue Fund to the FY 2000-01 Operating Budget of the Comprehensive Services Act Special Revenue Fund. 2. That $310,812 is hereby transferred from the Reserve for Contingencies for Juvenile Detention to the FY 2001 Operating Budget of the Comprehensive Services Act Special Revenue Fund. 24 25 Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of June , 2001. 26 CA-8174 27 Noncode/csbord.wpd 28 R2 29 June 19, 2001 30 APPROVED AS TO CONTENT 33 Mana~ent Service~ APPROVED AS TO LEGAL SUFFICIENCY: department~ La~ Item VI-J. 7. ORDINANCES/RES OL UTION -37- ITEM #4834 7 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Councd ADOPTED: Ordtnance to TRANSFER $ 710, 5 74from vartous projects wtthtn the FY 2001-2006 Capttal Improvement Program (CIP) re the moderntzatton of the Kempsville Elementary School. Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wilson Councd Members Vottng Nay None Counctl Members Absent Wtlham W Harrtson, Jr June 26, 2001 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE TO TRANSFER $710,574 FROM VARIOUS PROJECTS WITHIN THE FY 2001-2006 CAPITAL IMPROVEMENT PROGRAM TO CIP PROJECT #1-220, KEMPSVILLE ELEMENTARY SCHOOL MODERNIZATION, TO PROVIDE FUNDING FOR THE COMPLETION OF THE PROJECT WHEREAS, CIP Project #1-220, Kempsville Elementary School Modernization requires an additional $710,574 to maintain the schedule for modernization of the Kempsville Elementary School; and WHEREAS, the following capital projects, which are either completed or under budget and ready for closeout, have $710,574 in available funding, as detailed below, that may be transferred to complete the Kempsville Elementary School Modernization project: (a) $150,000 from CIP Project #1-006,Various School Site Acquisitions- Phase 1; (b) $9,000 from CIP Project #1-040,Underground Storage Tanks - Schools; (c) $60,000 from CIP Project #1-063, Indoor Air Quality Improvements; (d) $1,674 from CIP Project #1-081,Plaza Elementary School Addition; (e) $75,000 from CIP Project #1-083, Renovations and Replacements, Reroofing; (f) $75,000 from CIP Project #1-084, Renovations and Replacements, HVAC Systems; (g) $14,900 from CIP Project #1-203, Bus Garage Facilities Assessment; (h) $175,000 from CIP Project #1-215, Shelton Park Elementary School Modernization; and (i) $150,000 from CIP Project #1-216, Bayside Elementary School Replacement. 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $710,574 is hereby transferred from the following School CIP Projects and in the amounts set forth below to CIP Project #1-220, Kempsville Elementary School Modernization, for the purpose of completing the modernization of the Kempsville Elementary School: (a) $150,000 from CIP Project #1-006,Various School Site Acquisitions- Phase 1; (b) $9,000 from CIP Project #1-040, Underground Storage Tanks - Schools; (c) $60,000 from CIP Project #1-063, Indoor Air Quality Improvement s; (d) $1,674 from CIP Project #1-081, Plaza Elementary School Addition; (e) $75,000 from CIP Project #1-083, Renovations and Replacements, Reroofing; (f) $75,000 from CIP Project #1-084, Renovations and Replacements, HVAC Systems; (g) $14,900 from CIP Project #1-203, Bus Garage Facilities Assessment; (h) $175,000 from CIP Project %1-215, Shelton Park Elementary School Modernization; and (i) $150,000 from CIP Project #1-216, Bayslde Elementary School Replacement. 59 60 61 62 63 64 65 66 67 Adopted by the Council of the City ,of Virginia Beach, Virginia, on the 26th day of June , 2001. CA-8172 Noncode/KempsSchModord.wpd R2 - June 19, 2001 Approved as to Content: Se Approved as to Legal Sufficiency: City Attor~'s e x iRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE CIP 1-220 KEMPSVILLE ELEMENTARY SCHOOL MODERNIZATION CAPITAL IMPROVEMENT PROGRAM TRANSFER OF FUNDS From Cfi' 1- 006 Various Schools Site Acqmsit~on Cfi' 1-040 Underground Storage Tanks CIP 1-063 Indoor Air Quality Cfi' 1-081 Plaza Elem School Addition Cfi' 1-083 Renovations & Replacements Reroofing Cfi' 1-084 Renovations & Replacements HVAC Systems Cfi' 1-203 Bus Garage Facilities Assessment Cfi' 1-215 Shelton Park Elem. School Modernization Cfi' 1-216 Bays~de Elem Replacement WIIEREAS, btds were received for the proposed modernization of Kempsvdle Elementary School on April 24, 2001, and WlIEREAS, the negotiated contract amount of $7,011,032 exceeds the current construction budget of $6,227,749, and WHEREAS, transfers between capital proJects are reqmred ~n order to properly complete the Kempsv~lle Elementary School Modern~zauon project as proposed, and nmv therefore be it RESOLVED: That the School Board requests that C~ty Council approve the transfers outlined as follows $150,000 CIP 1-220 Kempsvflle Elem School Modermzatmn $ 9,000 CIP 1-220 Kempsvflle Elem School Modemizatmn $ 60,000 CIP 1-220 Kempsvflle Elem School Modernizatmn $ 1,674 Cfi' 1-220 Kempsv~lle Elem School Modernization $ 75,000 Cfi' 1-220 Kempsmlle Elem School Modernization $ 75,000 Cfi' 1-220 Kempsvflle Elem School Modernization $ 14,900 Cfi' 1-220 Kempsvflle Elem School Modemtzatlon $175,000 CIP 1-220 Kempsvflle Elem School Modemlzation $150,000 CIP 1-220 Kempsvflle Elem School Modernizanon RESOLVED: That a copy of this resolunon be delivered promptly to each member of City Council, the City Manager, and the City Clerk by the Clerk of the Board Adopted by the School Board of the C~ty of V~rg~ma Beach June 5, 2001 SEAL Attest Dianne P Alexander, Clerk of the Board School Adrmmstratlon Budding 2512 George Nason Drive · P O Box 6038 · Virginia Beach. VA 23456-0038 ~an~el D Ed~"~ar~'-s, (~hairma~ ~ CERTIFIED TO BE A TRUE AND CORRECT COPY · Cle~ ~hool ~a; ~' ?' '"' CIW ofVl a ' ,. Item VI-J. 8. ORDINANCES/RES OL UTION - 38- ITEM #48348 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Counctl ADOPTED: Ordtnance to TRANSFER $197,300 from the Reserve for Conttngenctes to the FY 2 000-O1 operattng budget of Emergency Medical Services (EMS) re ehmtnattng a deficit resulting from gasohne prtce tncreases and unanttctpated matntenance costs Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wdson Counctl Members Vottng Nay None Counctl Members Absent Wtlham W Harrtson, dr June 26, 2001 10 11 12 13 14 AN ORDINANCE TO TRANSFER $197,300 TO THE FY 2000-01 OPERATING BUDGET OF THE DEPARTMENT OF EMERGENCY MEDICAL SERVICES WHEREAS, uncontrollable trends related to gas prices and maintenance needs have created a deficit in the Operating Budget for the Department of Emergency Medical Services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That $197,300 is hereby transferred in the FY 2000-01 Operating Budget from the Reserve for Contingencies to the Operating Budget of the Department of Emergency Medical Services to eliminate a deficit created by gasoline price increases and unanticipated maintenance costs. 15 16 Adopted by the Council of the City of Virginia Beach, Virginia, this 26th day of June, 2001. CA-8166 DATA/ORDIN/NONCODE/EMSgas.ord.wpd June 19, 2001 R3 APPROVED AS TO CONTENT' Service s~~_~ APPROVED AS TO LEGAL SUFFICIENCY: o~'s Of~ce Item VI-J. 9. ORDINANCES/RES OL UTION - 39- ITEM #48350 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordtnance to TRANSFER $45,000 of FEMA matntenance grant funds wtthtn the FY 2000-01 operattng budget of the Ftre Department re purchase of transport tractors Vottng 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wilson Counctl Members Vottng Nay None Counctl Members Absent Wtlham W Harrtson, dr June 26, 2001 10 11 12 13 14 15 AN ORDINANCE TO TRANSFER $45,000 WITHIN THE FY 2000-01 OPERATING BUDGET OF THE FIRE DEPARTMENT TO PURCHASE TRANSPORT TRACTORS WHEREAS, the Federal Emergency Management Agency has given the City of Virginia Beach, which is the sponsoring agency for Task Force 2, approval to allocate $45,000 of its annual maintenance grant to purchase two over-the-road class tractors to transport the team's equipment and supplies for both training and actual deployments. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $45,000 is hereby transferred within the FY 2000-01 Operating Budget of the Fire Department to purchase transport trailers 16 17 Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of June , 2001. 18 19 20 21 CA8173 noncode/femaord.wpd June 19, 2001 RI 22 23 ~4 5 APPROVED AS TO CONTENT Managem~t Services APPROVED AS TO LEGAL SUFFICIENCY ~ity Attor~'y's Of'~ce Item VI-J. 10. ORDINANCES/RES OL UTION - 40- ITEM g48350 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Council ADOPTED: Ordtnances re compensatton City Manager 4 1/2% City Attorney 4 1/2% City Clerk 4 1/2% City Assessor 5 1/2 % effective 1 December 2001 effective 1 December 2001 effective 16 November 2001 effective 1 March 2002 Vottng 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Council Members Absent Wtlham W Harrtson, Jr June 26, 2001 10 11 12 13 14 15 16 17 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY MANAGER WHEREAS, City Council has evaluated the performance of the City Manager; and WHEREAS, based upon this evaluation, City Council has determined that an increase in the City Manager's compensation would be appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That effective December 1, 2001, the salary of the City Manager is hereby increased by 4 h percent from $160,000 annually to $167,200.08 annually, and that, effective July 1, 2001, the City's contribution to the City Manager's deferred compensation plan is hereby increased from $8,000 annually to $8,500 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of June , 2001. 18 19 20 21 CA-8192 ORDIN\NONCODE\salarymanager.wpd June 19, 2001 R2 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY ATTORNEY 10 11 12 13 14 15 16 17 WHEREAS, City Council has evaluated the performance of the City Attorney; and WHEREAS, based upon this evaluation, City Council has determined that an increase in the City Attorney's compensation would be appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That effective November 1, 2001, the salary of the City Attorney is hereby increased by 4 h percent from $145,000 annually to $151,525.20 annually, and that, effective July 1, 2001, the City's contribution to the City Attorney's deferred compensation plan is hereby increased from $8,000 annually to $8,500 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of June , 2001. 18 19 20 21 CA-8191 ORDIN\NONCODE\salaryattorney.wpd June 19, 2001 R2 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY CLERK 10 11 12 13 14 15 WHEREAS, City Council has evaluated the performance of the City Clerk; and WHEREAS, based upon this evaluation, City Council has determined that an increase in the City Clerk's compensation would be appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That effective November 16, 2001, the salary of the City Clerk is hereby increased by 4 h percent from $70,000 annually to $73,150.08 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of June , 2001. 16 17 18 19 CA-8189 ORDIN\NONCODE\salaryclerk.wpd June 19, 2001 R2 10 11 12 13 14 15 16 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY REAL ESTATE ASSESSOR WHEREAS, City Council has evaluated the performance of the City Real Estate Assessor; and WHEREAS, based upon this evaluation, City Council has determined that an increase in the City Real Estate Assessor's compensation would be appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That effective March 1, 2002, the salary of the City Real Estate Assessor is hereby increased by 5 h percent from $83,000 annually to $88,198.08 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26thday of June , 2001. 17 18 19 20 CA-8190 ORDIN\NONCODE\salaryassessor.wpd June 19, 2001 R2 Item VI-J. 11. - 41 - ORDINANCES/RES OL UTION ITEM #48351 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordtnance re Appointment of Viewers for one-year terms, begtnntng July 1, 2001, to revtew apphcattons re streets and/or alleys proposed to be altered or vacated Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Wtlham W Harrtson, Jr June 26, 2001 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR ONE-YEAR TERMS BEGINNING JULY 1, 2001, TO VIEW EACH STREET OR ALLEY PROPOSED TO BE CLOSED WHEREAS, Section 33-111.2 of the City Code provides that "[t]hree (3) viewers shall be appointed each year to serve terms of one year beginning July 1 to view each and every street or alley proposed to be altered or vacated during the term"; WHEREAS, pursuant to ~ 33-111.2, City Council, by ordinance adopted July 5, 2000 (ORD-2597Q), appointed the Directors of the Departments of Planning, Public Works and General Services to serve as viewers for terms of one year, beginning July 1, 2000, and ~nding June 30, 2001; add WHEREAS, it is the desire of City Council to re-appoint the Directors of the Departments of Planning, Public Works and General Services to serve as viewers for additional one-year terms, beginning July 1, 2001, and ending June 30, 2002. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Director of Planning, the Director of Public Works and the Director of General Services of the City of Virginia Beach are each hereby appointed as a viewer to serve a one-year term beginning July 1, 2001, and endidg June.30, 2002, to view each and every application to close a street or alley, and to report in writing whether in their opinion, any, and if any, what inconvenience would result from discontinuing the street or alley or portion thereof. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of June , 2001 CA-8176 ODIN \ NONCODE \VI EWERSORD3. wpd PREPARED: June 15, 2001 R1 Approved as to Content: Plannin~//Department Approved as to Legal Sufficiency:_~~l~~~. ~~ City )%~°rne~'s office Item VI-d. 12. - 42 - ORDINANCES/RES OL UTION ITEM g48552 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, City Counctl APPROVED: Emergency Me&cai Servtces (EMS) agency annual permits for area prtvate, muntctpal and non-profit Organtzattons A. Advanced Wheelchair Transport, Inc. B. Al's Wheelchair Transportation C. Chesapeake Fire Department D. Children's Hospital of the Kings Daughters E. DOCC Transportation, Inc. F. Eastern Medical Transport G. Eastern Shore Ambulance Service, Inc. H Lifeline Ambulance Service, Inc. Medical Transport, Inc. J. Nightingale Regional Air Ambulance K. Norfolk Fire and Paramedical Services L. Virginia Medical Wheelchair Transport Vottng 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera Ii: Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and Rosemary Wtlson Counctl Members Voting Nay None Counctl Members Absent Wtlham W Harrtson, dr June 26, 2001 Item VI-J. 13. - 43 - ORDINANCES/RES OL UTION ITEM g48353 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Resolutton re tssuance by the Vtrgtnta Beach Development Authortty of Revenue Bonds for Cape Henry Collegiate School, Inc: Middlesex County, Vtrgtnta- not to exceed $10,000,000 Lancaster County, Vtrgtnta- not to exceed $4,000,000 Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Wtlham W Harrison, Jr June 26, 2001 RESOLUTION APPROVING THE ISSUANCE BY THE (1) INDUSTRIAL DEVELOPMENT AUTHORITY OF MIDDLESEX COUNTY, VIRGINIA OF ITS REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $10,000,000 AND (2) INDUSTRIAL DEVELOPMENT AUTHORITY OF LANCASTER COUNTY, VIRGINIA OF ITS REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $4,000,000 FOR CAPE HENRY COIJLEGIATE SCHOOL, INC. WHEREAS, the Industrial Development Authority of Middlesex County, Vlrglma (the "Middlesex Authority") and the Industrial Development Authority of Lancaster County, Virgima (the "Lancaster Authority") have considered the request of Cape Henry Collegiate School, Inc. (the "School") for the issuance by the Middlesex Authority of its revenue bonds in an amount not to exceed $10,000,000 and for the issuance by the Lancaster County Authority of its revenue bonds in an amount not to exceed $4,000,000 (collectively, the "Bonds") to assist the School in financing (A) construction and equipping of(i) a classroom building containing approximately 45,000 square feet and (ii) a gymnastum containing approximately 15,000 square feet, both to be located on the School's existing school grounds at 1320 Mill Dam Road, Virginia Beach, Virginia (the "Grounds"), (B) renovation and equipping of locker rooms and offices in an existing gymnasium located on the Grounds, (C) refinancing the outstanding pnnc~pal balance of the City of Virginia Beach Development Authority's $4,500,000 revenue and refiind~ng bonds series 1997 ~ssued for the benefit of the School and (D) costs of issuance of the Bonds (collectively, the "ProJect"), and WHEREAS, the Middlesex Authority and the Lancaster Authority have adopted inducement resolutions (collectively, the "Resolutions") with respect thereto; and WHEREAS, the City of V~rglnia Beach Development Authority (the "Virginia Beach Authority") has held a pubhc hearing with respect to the Bonds on June 19, 2001, and has adopted an approving resolution with respect thereto, and WHEREAS, Section 15.2-4905 of the Code of Virginia of 1950, as amended (the "V~rg~ma Code"), provides that the C~ty Council for the City of Vlrglma Beach (the "C~ty Council") must concur with the adoption of the Resolutions, and WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"), prowdes that the lughest elected governmental officials of the govenm~ent unit having jurisdiction over the area m which any fac~hty financed w~th the proceeds of private actiwty bonds is located shall approve the issuance of such bonds, and WHEREAS, the ProJect is located ~n the C~ty of V~rg~ma Beach and the members of the City Council constitute the h~ghest elected governmental officials of the City of V~rg~ma Beach; and WHEREAS, a copy of the Resolutions, the V~rglma Beach Authority's appromng resolution, a reasonably detmled summary of the comments expressed at the pubhc heanng with respect to the Bonds held by the V~rglnla Beach Authority and a statement in the form prescribed by Section 15 2-4907 of the V~rgima Code have been filed w~th the C~ty Council, together w~th the V~rglma Beach Authonty's recommendation that the C~ty Council concur with the Resolutions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA The recitals made ~n the preambles to this Resolution are hereby adopted as a part of tlus Resolution The C~ty Council concurs with the adoption of the Resolutions and approves the ~ssuance of the Bonds by the M~ddlesex Authority and the Lancaster Authority to the extent required by the Code and Section 15 2-4906 of the V~rginia Code The approval of the ~ssuance of the Bonds, as reqmred by the Code and Section 15 2- 4906 of the V~rgima Code does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the School and the Bonds shall provide that the C~ty of V~rg~ma Beach and the V~rg~ma Beach Authority shall not 2001 be obhgated to pay the Bonds or the interest thereon or other costs incident thereto and nmther the froth or credit, nor the taxing power, of the Commonwealth of V~rg~ma, the City of Vlrglma Beach or the V~rg~ma Beach Authority shall be pledged thereto 4. TNs Resolution shall take effect mm~ed~ately on ~ts adoption Adopted by a quorum of the Councd of the C~ty of V~rg~ma Beach, V~rg~ma, on June 26, 619205 0015 t \DaIaL,'xTYSForms\DEVAUTH\BOND\WORK\DA1502 res DOC HIIOAI) ))A COLONY Cox 7(', App1LcanL: Pro l er.. L: II II Hll()AD II~'~~' -1 lille Ll',l'i ,,h a,l ~ I'l Vn utnfa I,mlnlr¥ I1~¥ ~ I N~ll N,~rlow'~ 1,OCA'i'OI{ I'IAP Cape llenry Col Ic[;iale Scllool, Inc. 1320 Hi 11 l)am Road, Vi rgJ n La Beach, VA Co~sLrtl(.t and e,lU~l) 45,0001/- sci. FL. classroom I)t,]lding and 15,O(~0 I/-q(j fL. gymnnsittm; renovate and eq,lip Iocke~ Ioom~, and (~f[~, ,, lefin,ln~e otlt',t,ll~(lin~ boilds. 13nndq: Not tn ex ,ed $l l,$()(),O00 VIRGINIA BEACH V. gm~a Beach Developmen! Aulhor~ly One Columbus (:enter, Su,te 300 Vlrgmm Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Webs~te www wrgm~a-beach va u~/dept/econdev b.-mml ecdev@c~ly v~rgmm-beach va us lune 19, 2001 The Honorable Meycra E Oberndo~ f, Mayo~ Members of City Council Municipal Center Virg~n~a Beach, VA 23456 R~ Cape ltemy Collegtate School, h~c - Revcnuc Bonds Dear Mayor Oberndorf and Members of City Council We submit the follow~ng in connection w~th ploject Cape Hemy Collegiate School, Inc, located at 1320 M~II Dam Road, V~rgln~a Beach, Vllg~n~a (1) Evidence of publication of the not~ce of heal~ng ~s attached as Exhibit A, and a summary ofthe statements made at the public heal ~ng ~s attached as Exhibit B The C~ty ofV~! gln~a Beach Dex, clopment Authorlty's (the "Autho~ ~ty"), lndustl lal Development Authority of M~ddlcscx County, V~l g~n~a and Industrial Development Authm ~ty of Lancaster County, V~rg~n~a l csoluttons l ccommendlng their Council's approval are attached as Exhibit C (2) The D~sclosure Statement is attachcd as Exhibit D (3) The statement of the Authorlty's icasons fo~ ~ts approval as a bcncfil fm tl~e C~ty of V~g~n~a Beach and its recommendation that C~iy Council approve thc modification of thc bonds clcsc~ ~bcd above ~s attached as lzLrhibit E The Honolable Meye~a E Oberndorf, Maym Members of C~ty Council June 19, 2001 Page 2 (4) Tile F~scai hnpact Statement is atlachcd as Exhibit F (5) Attached as Exhibit G ~s a sumnlary sheet setting forth tile type of ~ssue, and ident~ fylilg tile ProJect and tile p~ lnc~pals (6) Attached as Exhibit H ~s a letlm flora the appropriate C~ty dcpm tment commcnt~ng on the ProJect RGJ/GLF/rab Enclosures Vel y truly yours, PHON[' ("5~ ,:,')9 JAIL ,kD D ILE_.-S DIP. EC T (757) ;7'~ 5370 I N-I-EPA'4 ET ADDRESS WILLIAMS MULLEN CLARK &; DOBBINS ATTOP2qEYS & COUNSEl.ORS AT 4 PROFE$SIOi'.IAL COP POl~oSTIOIq ONE COLUMBUS CU. NI'F.R SIJITF_, VIRGINIA BEACIi v.~ 23,162 6762 C M A R.LOTIT, S~, 1LLE LONDON N EWP(3RT NEWS PdCl tMOND NOR Ft IFFd'] VIPGINI,X RICIIMOND VIRGINIA BE/' CH W,aS[IINGq ©N, D C ~ FFILI 4TF. OFFICE DE I-'ROI F June 14, 2001 Our File Number 619205 0015 CITV OF \' [P, GIN[A BE~\CH DE'v ELOPNiENT AUTHORITY One Columbus Center, Suite 300 V~rglrua Beach, VA 23462 ATTN Ms L~nda Sheehan HAND DELIVERED Gary L Fentress, Esq OFFICE OF THE CITY A FTOR_NEY Annex Building/420, Ist Floor Mun~cipal Center 2412 North Landing Road V~rg:ma Beach, VA 23a56 VLk FACSIMILE AND REGULAR MAlL Re Cape Hem'y Collegiate School. [nc Dear Llnda and Gar,,, This letter ,,viii set forth a brief explamation of the current structure of the bond financ;ng for Cape Henu' Col;eglate School, Inc The Scl'tool ,.,,'ill receive a very favorable rate of interest tf it can have the bonds tssued on a 'bank qualified" bas~s To do so, th~s requtres that the Bonds be des~gmated as cluallfied tax exempt obligations" ~n accordance w~th Section 265(b) of the hatemal Revenue Code There ~s an annual l~m~t of' $10,000,000 of the total amount of"bank qualified" bonds that can be tssued by a junsd:ctton This annual l~mlt includes 501(c)(3) bonds and other municipal bonds Consequently, ,t t,vp~cally ~s not possible to ha',,e the more urban jurisdictions (such as \",rg~n~a Beach) to ~ssue bank qualtficd" bonds unless the bond ~ssue occurs at. the end of' the calendar ',.'ear and there ~ remaining "bm~k qualified" capacity gocau.~¢ the. bonding reque.~t for Cape Henr,, ,.,.'as more than the $10,000,000 limit and it was unl~kely that V:rg~n~a Beach would be will,rig to allocate ail of ~ts '%ank qualified" capacity to Cape Henry to the excluston of other 501(c)(3) entlttes and art,, bonds which the City mtght choose to ~ssue, we explored possibtlltlcs \x~th otlml less urban jur, sd~ct~ons WILLIAMS MULLEN & COUNSEl. ORS ,\ r J~nc 14, 2001 Page 2 Presently, ,,'~e believe that the Middlesex Lndustnal Development Authority will ~ssue 'bank qualified" bonds in the amount of $10,000,000 and the Lancaster Industrial Development Authority will issue 'bank qualified" bonds in the amount of $1,500,000, for a total of $11,500,000 Under applicable Vir~ma law and federal tax la,v, when bonds are being issued b'~- authontles wtuch are not located in the jurisdictIon where the Project is located, the governing body (V~rgln~a Beach C~ty Council) of the junsd~ctlon where the Project is located (Cape Henry Collegiate School's campus ~n Virginia Beach) must adopt a resolutmn approving the issuance of the bonds by the other junsdlchons. It is both a customary and courteous practice to have a public heanng before the C~ty of Virginia Beach Development Authonty and have the C~ty of V~rgmia Beach Development Authority adopt a resoluhon approving the issuance of the bonds by Lancaster and M~ddlesex and recommending to the V~rg~nta Beach City Council that the Counc~l also approve the issuance of the Bonds by Lancaster and Nhddlesex. You w~ll note that we have obtained resolutions from M~ddlesex for an ~ssue of up to $10,000,000 of bonds and resolutions from Lancaster for an ~ssue of up to $4,000,000 of bonds Although a total of only $ll,500,000 oFbonds actually w~ll be ~ssued, because we were not certain of the exact amount each jurisdiction would be w~lhng to ~ssue when the School truttally applied, the resolutions from these junsdmtlons total 5;14,000,000 of bonds Th~s was done ~n the event that, for example, Middlesex only ,,vas willing to ~ssue $8,000,000 of"bank qualified" bonds and we had to obtain $3,500,000 of"bank quahfied" bonds from Lancaster We antm~pate a $10,000,000 bond issue from M~ddlesex and a $l,500,000 bond ~ssue from Lancaster If any furthe~ ~nformat~on ,.s needed, please do not hesitate to contact me CGS,c,,n 't27-1967 v2 1 fcntress-,bda-capchenr~r cgs Smcerely, EXPIBIT A TUg VIRGINIAN-PILOT NORFOLK, VIRGINIA AFFIDAVIT OF PUBLICATION The virginian-Pilot .................................... ..w ...... % ............ --------------- WILLIAMS, MUBLEN, CLARK & DOBB ONE COLUMBUS CEWrER VA B~AC~ VA 23462 REFERENCe' 10177466 940625 NOTIC~ OF PUBLIC HEA State of Virginia City of Norfolk This day, D John=on personally appeared before me and after being duly sworn, made oath that. 1) She is affidavit clerk of The Virginian-P~lot, a newspaper published by Landmark Communication~ Inc., in th~ cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia Beach, State of Virginia. 2) That the adverttmement hereto an~%e×ed has been publi~]%ed in said newspaper on the date stated. PUBLISHED ON. 06/06 06/12 TOTAL COST: 714 56 AD SPACE~ 112 LINE Subscribed and swo~ · t-~, TOTF--1L PI~GE.02 ~ fl§/L3/01 WET) 16 ,53 [TX/RX NO [}652] EXHIBIT A NOTICE OF PUBLIC tlEARING ON PROPOSED BOND FINANCING BY (a) INDUSTRIAIJ DEVEIJOPMENT AUTI1ORITY OF NIIDDLESEX COUNTY, VIRGINIA AND (b) INDUSTRIAL I)EVELOPMENT AUTHORITY OF LANCASTER COUNTY, VIRGINIA FOR CAPE HENRY COLLEGIATE SCIIOOL, INC. Notice ~s hereby g~vcn that the City of V~gllua Beach Development Aulhorlty (the "Authority") whose add~css is Suite 300, One Colurnbus (?,enter, Virginia Beach, V~rglrua, will hold a public hea~lng at 8 30 a m oil Tuesday, Jullc 19, 2001. on tim plan of financing of Cape Henry Collegiate School, lnc, whose pnnc~pal place of business ~s 1320 M~Ii Dam Road, Vllgin~a Beach, Vlrgln~a (thc "School"), roi tl~e Issuance of Revenue Bonds (a) by tile Industrial Development Atltho~ty of M~ddlcscx County, V~rg~ma in an amount not to exceed $10,000,000 and (b) tile lndust~ iai Devcloplncnt Authority of Lancaster County, Virgtnla ~n an alnount not to exceed $4,000,000 to assist the School as Follows (A) financing thc construction and equipping of (a) an approximately 45,000 squme foot classloom building and (b) an app~ox}matcly 15,000 square foot gymnasium, (B) financing tile ~cnovahon and eqmpp~ng of locker roolns and offices ~n an existing gymnasium, (C) refinancing thc outstar~d~ng principal balancc of the Autborlty's $4,500,000 revenue and refunding bonds se~es 1997 Issued roi the benefit of thc School to assist m (a) financing thc constluct~on and equipping of 0) an approx~inatcly 12,170 squalc foot expansion of the attdltonum and 0~) an approxtmately 13,080 square foot expansion of the finc arts center, and (b) ~efinanc~ng the outstanding pIinc~pal balance of the Autholity's $2,500,000 ~eventle and rcfimdmg bond series 1992 ~ssued for thc benefit of the School to assist in (1) financing the construction and equipping of (~) a one story gynmas~um and locker ~oom addition conta~lnng approxunately 12,500 square feet, (~i) a 2-story classloom bmldmg containing app~oxm'~ately 32,000 square feet, (~l) a 2-story llNary containing apNoxm~atcly 20,000 square feet and (iv) a !- story admlmstratlve office contalmng approximately 5,000 square feet. and (2) ~efii~anc~ng tile outstanding principal balance of (x) the Authol lty's $1,750,000 revenue bond series 1988 Issued for the benefit of tile School to assist in the construction and equipping of an approxmlately 30,000 square foot classroom building expansion and (y) the Authonty's $550,000 revenue bond series 1991 lsstled for the benefit of the School to assist In the construction and equipping of an approxu-nately 30,000 square foot athlehc facility, and (D) financing the costs of issuing tile Bonds (collectively, the "ProJect") All fac~iltles comprising the ProJect will be located oI~ the School's property at 1320 M~II Dam Road, Vllglnla Beach, Virginia Thc Bonds will not pledge thc cled~t or taxing power of the City of Virginia Beach, Vlrg~ma, or the Authority, but will be payable solely fi'om revenues derived from the School and pledges of those revenues Any persons interested In the issuance of the Bonds el the location or nature of the proposed Plolect may appear and be heard A copy of the resolution to be considered by the Authority after the public hcanr~g is on file and is open fei inspection at the Author~ty's office during business hours City of Virginia Beach Development Authority //274527 v2 - Not~ce of Publ,~c i learmg EXHIBIT B CITY OF VIRGINIA BEAClt DEVELOPMENT AUTtlORITY RECORD OF PUBLIC IIEARING ON JUNE 19, 2001 (Cape Item'y Collegiate School P~oject) 'File Chmr of the C~ty of V~zg~n~a Beach Development Authority (the "Authority") announced the commencement of a public heat mg on thc ~cquest of Cape Henry Collegiate School, lnc (the "School), and that a Not,ce ofthe Heal ~ng was published once a week for two consecutive weeks ~n The Vttgtntan-Ptlot, a newspaper having general c~rculahon ~n file C~ty of V~rg~lua Beach, V~rgima (the "Czty") Such public hcmtng was held not less than s~x days and not lnme than 21 clays after the second notme appeared m The I/trgtntan-Ptlo! A copy of the Notme and Ce~ tificate of Publ~catmn of such notice have been filed w~th the records of the C~ty Council of the C~ty of V~g~n~a Beach Thc foliow~ng lndiv~duai appea~ed and addressed tile Authority at such public heanng C Gngsby Sc~fres, an attolney w~th W~lllams, Mullen, Clink & Dobbins, P C, appemcd on behalf of the School M~ Scoff'es gave a b~efdescnptton of tile proposed financing and explmned that to obtmn a s~gn~ficant ~ntmest cost savings lhe School ~s attemphng to have the Bonds ~ssued on a "bank qual~fied" bas~s, the Industrial Development Authority of M~ddlesex County, Virg~ma (thc "M~ddlcscx Authority") and thc Industrial Development At,linearly of Lancastc~ County, V~gin~a (lhc "Lancas~c~ Authority") have approved thc request of thc School fi)r thc ~ssuance by the Middlesex Authority of ~ts levenuc bonds ~n an amount not Io exceed $10,000,000 and for lhe ~ssuancc by the Lancaster County Authority of ~ts ~evenue bonds ~n an amount not to exceed $4,000,000 (collechvely, the "Bonds"), and thc proposed ~ssuance of Bonds would be used to assist the School m financing CA) construction and equipping of 0) a classroom building contmmng approximately 45,000 square feet and 00 a g~nas~um contmn~ng al, p~ox~mately 15,000 squme feet, both to be located on the School's ex~st~ng school g~ounds at 1320 M~il Dana Road, V~g~nla Beach, V~g~ma (the "G~ounds"), CB) ~enovahon and equipping of locker ~ooms and offices ~n an cx~shng gymnasium located on the Gi ounds, CC) refinancing the outstanding p~ inc~pal balance of the C~ty ofV~ g~n~a Beach Development Auiho~ ~ty's $4,500,000 revenue and refunding bonds series 1997 ~ssucd for the benefit ofthe School and CD) costs of ~ssuance ofthe Bonds (collectively, the "ProJect") Bank ofAmc~ca, N A has committed to purchase thc Bonds Mr Scifies outlined certmn benefits ~nunng to lhe C~ty and ~ts c~l~zcns, ~nclud~ng enhancing education, adding add~honal jobs and lhe fiscal ~mpact of the pm chase of goods and services w~thsn the community In add,hen, Mr Sc~ fres fu~the~ noted that all necessmy zoning permits and app~ ovals have been obimncd No othc~ persons appca~cd to adcl~css tile Autho~ ~ty, and the Chmr closed the public heanng Thc Autho~ ~ty hereby recommends Ihat tile C~ty Comical ofthe City of V~rg~nla Beach, Virginia appl eve thc ~ssuance of the Bonds by tile MIddlesex Auiho~ ~ty and lhe Lancaster Authority In support of the proposed financing and hereby transmits the F~scal hnpact Statement to the C~ty Council of tile C~ty of V~rgln~a Beach and asks that th~s ! ecommendat~on be ~ece~ved at its next regular meehng at wllmh this mattel can bc ploperly placed on the Council's agenda for hem Illg #299325 vl - Recmd of Public l leartng-Va Bch EXHIBIT C RESOLU'I ION OF CITY OF VIRGINIA BEACII DEVELOPMENT AUTHORITY FOR CAPE HENRY COLLEGIATE SCHOOL, INC. WHEREAS, there has been descllbed to tile C~ty of Vllglma Beach Deveioprnent Authoi~ty (tile "Authority") tile plans of Cape Iqemy Collegiate School, Inc (the "School"), for the issuance by the Industllal Development Authority of Middlesex County, Vllgmia (tile "Middlesex Authority") of its revcnue bonds ~n an amount not to exceed $10,000,000 and the ~ssuance by the Industrial Develol>ment Autho~ ~ty of Lancaster County, V~rgtnla (tile "Lancaster Authol~ty") of Its revenue bonds in ail amount not to exceed $4,000,000 (collectively, thc "Bonds") to assist the School in fillanc~ng (A) conshuctlon and equipping of (~) a classioom btuld~ng containing approximately 45,000 squme feet and (!~) a gymrtasmm containing approximately 15,000 square feet, both to be located on tile School's existIng school grounds at 1320 Mill Dam Road, Vlrgima Beach, Virginia (the "G~ounds"), (B) renovation and eqmpping of Iockcr rooms and offices in an existing gylnnaslum located on the Grounds, (C) refinancing tile outstanding pimc~pai balance of tile C~ty of V~rgln~a Beach Development Authonty's $4,500,000 ~evcnuc and refunding bonds series 1997 issued for the benefit of the School and (D) costs of issuance of the Bonds (collectivcly, the "P~oject"), and WHEREAS, each of tile above facilIties constituting a portion of tile ProJect ale now owned or will be owned by the School and all of the above facilities are or will be located oil the Grounds Ill tile City of Vlrgirua Beach, and WIIEREAS, publIc healings with lespcct to tile Bonds, as required by Virginia law and tile Internal Revenue Code of 1986, as amended (the "Code"), have been held by the Middlesex Authority on lunc 7, 2001 and by thc Lancaster Authol~ty on June 14, 2001, and ~nducement resolutions w~th respect to tile Bonds wcre adopted by the Mlddlcsex Authority on June 7, 2001 and by the Lancaster Authority on lune 14, 2001, and WIlEREAS, the School has elected to proceed with a plan of finance pursuant to which tile Bonds will be privately placed with Bank of America (the "Lender") for its own account and fo~ investment purposes, and WHEREAS, the School, In its appearance before the Authority, has described the debt se~wlce cost savings relating to the issuance of the Bonds as a "qualified tax-exempt obligation" within the meaning of §265(b)(3) of the Codc and the educahonal benefits to residents of the City of V~rg~rna Beach to be derived from tile issuance of the Bonds, and WHEREAS, a public hearing with respect to the Bonds as reqmred by Virginia law and the Internal Revenue Code of 1986, as amended, has been held at tins meeting BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 1 It is found and determined that the ~ssuance of the Bonds w~ll promote education In the City of Virginia Beach, benefit its inhabitants and promote their safety, health, welfare, convenience and prosperity 2 To assist tile School to issue the Bonds, the Authority recommends that the City Council of the City of Vuglma Beach (the "Council") concur with the M~ddlesex Authority Resolution and tile Lancaster Authority Resolution, tile fom~s of which have been presented at th~s meeting as required by (}15 2-4905 of the Code of Vllgln~a of 1950, as amended (tile "VIrglnla Code"), and hereby d~rects the Chmr or Vine Chmr of tile Authority to submit to the Council the statement ~n the form prescribed by §15 2-4907 of the %rg~ma Code, a reasonable detmled summary of tile comments expressed at tile ptd'~llc heanng held at tins n-meting pursuant to §15-2-4906 of tile Virginia Code, and a copy of this ~esolutlon 3 All costs and expenses In connection w~th the finanmng plan shall be prod from thc proceeds of the Bonds to the extent permitted by law or from funds of the School and the Authority shall have no responsibility therefor 4 Ali acts of the officers of the Authority whmh are In conformity w~th the purposes and intent of this resolutmn and In furtherance of the ~ssuance and sale of the Bonds me hereby approved and confirmed 5 Th~s resolutmn shall take effect ~mmed~ately upon its adoption (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) The undersigned hereby cerhfies that the above resolution was duly adopted by the commIssioners of the C~ty of Virg~ma Beach Development Authority at a meeting duly called at which a quorum was present and acting tin oughout on June 19, 2001, and that such Resolution 1S 111 full force and effect on the date hereof Sec, eta,'y, City of V,rg,n,a0Be;~i Development Authority //294567 vi - Resolution (Approving) VB Author~ly 619205 0015 EXHIBIT C INDUCEMENT I~'~SOLUTION OF INDUSTRIAL DEVEI~OPI~IENT AUTHORITY OF MIDDLESEX COUNTY, VIRGINIA FOR THE BENEFIT OF CAPE HENRY COLLEGIATE SCHOOIJ, INC. WHEREAS, Cape Ilen. ry Collegiate School, Inc, a V~rgirda non-profit, non-stock and non-member corporahon (the "School"), which Is exempt from federal income taxation as a charitable orgamzat~on pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), has applied to the I. ndustnai Development Authority of Nhddlesex County, Virginia (the "Authority") for assistance as follows financing (A) constmctton and eqmppmg of 0) a classroom braiding contaning approximately 45,000 square feet and (n) a gymnasmm containing approximately 15,000 sqtmre feet, both to be located on the School's existing school grounds at 1320 lXhll Dam Road, V~ginia Beach, Virginia (the "Grmmds"), (B) lenovatmn and eqmppmg of locker rooms m~d offices ~n an existing gymnasium located on the Grounds, (C) refinancing the outstanding pnnc~pal balance of the City of Virginia Beach Development Authority's $4,500,000 revenue and rcfund~ng bonds series 1997 issued for the bcncfit of the School and (D) costs of issuance of the proposed bonds (collectively, the "Project"), and WHEREAS, the School, in its application, dtscusmons m~d appearance before Authority, has described the benefits of the ProJect and tl~e School has requested the Authority to agree to ~ssue its ~ndustnal development revenue bonds in the amount not to exceed $10,000,000 00 (the "Bonds") to finance the costs of the Project, and WHEREAS, the Authority ~s empowered to issue and sell bonds, lend the proceeds of such bonds, and acquire, own, lease, and dtspose o[properlies, and is vested w~th all powers necessary to enable it to accomplish ~t.~ purposes, which purposes a~d powers are enumerated in the ]nduslhal Developmenl and Revenue Bond Act. Title 15.2, Chapter 49 of thc Code of Vu-bnnta of 1950. as amended (the "Act"), and WHEREAS, a public hearmg w~th respect to the Project and the issuance of the Bonds has been held on June 7, 2001, as required by Section 147(0 ofthe Code and by Section 15 2-4906 oflhe Act. NOW, THEREFORE, BE IT ILESOLVED BY THE INDUSTRI_AL DEVELOPMENT AUTHORITY OF MDDLESEX COUNTY, VIRGINIA 'I }tAT- I lPhe Authority finds that (2) the Project will enhance educational opportm~ities ~n thc Commonwealth of Virginia and (~) the issuance of the Bonds will be consistent with the purposes of the Act and the powers of the Authority 2 To assist the School xvith respect to the Project, the Authority agrees Io undertake the issuance of the Bonds m an amount not to exceed $10,000,000 00 on terms and conditions to be mutually agreed on betvteen the Authority and the School The Bonds shall be tssued in form and pursuant to terms authorized by the Act The pnnclpal of and premium, ff any, m~d interest on the Bonds shall not be deemed to conshtute a debt or pledge of the faith and medit of the Commonwealth of Virgilua or m~y pohtlcal subdiv,s~on thereof', including the Authority, lvliddlesex County, Virgi~tia and the City of V~rguua Beach, Vtrginia. Nmther thc Commonwealth of Vixgima nor any pol~tmal subchv~sion thereof, including the Authority, shaJl be obligated to pay thc principal of or premium, if any, or interest on thc Bonds or other costs inctdcnt thereto except from the revenues and receipts derived by the Authority from the School or other avatlabl¢ funds provided by the School, and nmther the faith and credit nor the taxh'~g power of the Commonwealth of Virgtma, or .any poht~cal subchms~on thereof, including thc Authority, shall be pledged to the pa)q'nent of pnnc~pal of or p~emium, if any, or intmest on the Bonds or other costs mmdent thereto. No covenant, condttlon or agreement contained in the Bonds or m arty financing instrument executed and dehve~ed in cormectaon therewith shall be deemed to be a covenant, agreement or obligation of any p~cscnl, past or future d~rector, officer, employee o~ agent of' ~he Authority ~n h~s individual capacity, and no office~ of lhe Authority executing the Bonds or any other financing document or instrument shall be personally liable thereon or subject to any personal hab~lity or accountablhty by reason of the Issuance or cxccu~on thereof. 3 It having been represented to the Authority that it is necessary to proceed ilmnedlately with the constructton, eqmppmg and renovatmn of the Project, the Authority hereby agrees that the School may proceed w~th plm~s for the Prqlect, enter into contracts for construction, equipping and renovation of the Project and take such other steps as it may deem appropriate m corm¢ct~on therewith, p~ovided that nothing herein shall be deemed to authorize the School to obligate tlic Authority w~thout Its consent in each ~nstance to the payment of ~my momes or the performance of any acts ~n connection with the Project Tl~e Authority further agrees that the Scl'tool may be relmbmsed from the proceeds of the Bonds for all lawfill costs so ~ncurred by it prior to the adoption of thcse resolutions 4, The Authority hereby agrees to the recommendation or the School that W~lhams, Mullert, Clark & Dobbins, P C, Vug~ma Beach, V~rgima, be appointed as bond counsel mad hereby appoints such firm to supcrvise the proceedings and approve the msuance of the Bonds 5 All lawful costs and expenses in connection w~th the financing and the development, construction mid eqmpptng of the Project, including the fees m~d expenses of the Authority, counsel for the Authority and bond com~sel shall be prod fi'om the proceeds of the Bonds or by thc School If for any rea.son such Bonds arc not ~ssued, or such Bonds are tssued but it is detcmnncd that a part or all of such costs are not lawfully payable out of Bond proceeds, ~t Is understood that all such expenses shall be paid by the School and that the Authority shall have no respons~b~hty therefore. 6 In adopting tlus Resolution, thc Authority intends to declare "official intent" toward the issuance of the Bonds within the meaning of regulations issued by the Internal Revenue Service pursuant to Sections 103 and 141-150 of the Code, including Section 1 150-2 of such regulations 7 The Authority hereby recommends that the Board of Supervisors ("Board") for Iv'uddlesex County, Virgunia and the City Council of the City of Virginia Beach ("Council") approve thc issuance oft.he Bonds and hereby directs the Chair or Vine Chair to submit to the Board and the Com~cil the statement in the form prescribed by Section l 5 2-4907 of the Act prepared by the School, a reasonably detailed summary of the comments expressed at the public hearing required by Secl~on 15 2-4906 of the Act, and a copy of this Resolul~on 8 The Authority hereby recommends that the Board designate $10,000,000 of its "qualified tax-exempt obhgat~ons" bond amount for fl~e calendar year 2001 to thc Bonds, within the meamng of Section 265(b)(3) of the Code, by designating thc same to the Authority Subject to such designation by the Board, the Authority hereby designates to the Bonds $10,000,000 of "qualified tax-exempt obligations" of the Authority for calendar year 2001 witlun the meamng of the provisions of Section 265 (b)(3) of the Code 9 The School by its acceptance of this Resolution and its application to thc Authority agrccs as follows The School hereby agrees to indcmmf3, and save harmless the Authority, ~ts officers, directms, employees and agents from and against all liabilities, obhgat~ons, claims, damages, penalties, losses, costs and expenses in any way cmmectcd ~mth the Pro. leer or the :Bond~, The purchaser of the Bonds must acknowledge that any purchase thereof v~qll be made solely based Oli representations of the School and no representatmns of any kInd as to the P~oject or the ability of the School to repay lhe Bonds has been made by the Authonty, and 'i he School agrees to pay on an mutual bas~s, an almual adrmmstratlve fee equal to 1/8~h of 1% of the then outstanding Bonds, payable on each aim~versary date of the issuance of the Bonds, and any costs and expenses of the Authority d~rectly attributable to the Bonds, including, but not limited to a prorata portmn of thc costs of m~5' audit ofthe Authority (based on the Bonds then outstanding and any other bonds of the Authority outstanding during such audit year) 10 The Authority shall perform such other acts and adopt such further resolutions as arc reqmred to implement its undertakings as set follh tn th~s Resolution. 11 Th~s Resolutmn will take effect munedlately on its adoption. The underslgned hereby certifies that the above Resolution was duly adopted by thc Dlrectois of the hnduslnal Development Authority of 1Vuddlesex Comity, V~rginia at a meeting dul} called at which a quorum was present and acting ttu'oug.hout on June 7, 200t, and fl~at such Resolution is in full force and effect on the date hereof Date. June 7, 2001 Secretary, lndfistrial Development Authority of Middlesex County, V~rglnia ACCEPTED AND AGREED CAPE ttENRY COLLEGIATE SCHOOL, INC #296325 v2 - Rcsolutmnhnducemcnt. M~ddl~e× IDA EXHIBIT C RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF LANCASTER, VIRGINIA INDUCEMENT RESOLUTION OF INDUSTRIAL DEVELOPMENT AUTHORITY OF LANCASTER COUNTY, VIRGINIA FOR THE BENEFIT OF CAPE HENRY COLLEGIATE SCHOOL, INC. WHEREAS, Cape Henry Collegiate School, Inc., a Virginia non-profit, non- stock and non-member corporation (the "School"), which is exempt from federal income taxation as a charitable orgamzation pursuant to Section 501(c)(3) of the I. ntemal Revenue Code of 1986. as amended (the "Code"), has applied to the Industrial Development Authority of Lancaster County, Virgima (the "Authority") for assistance as follows: financing (A) construction and equipping of (i) a classroom building containing approximately 45,000 square feet and (1~) a gymnas~mn containing approximately 15,000 square feet, both to be located on the School's existing school grounds at 1320 Mill Dam Road, Vir~nia Beach, Virginia (the "(3rounds"), (B) renovation and equipping of locker rooms and offices in an existing gymnasium located on the Grounds, (C) re£mancing the outstanding principal balance of the City of Virginia Beach Development Authonty's $4,500,000 revenue and refunding bonds series 1997 ~ssued for the b~nefit of the School and (D) ¢ogts of issuance of the proposed bonds (collectively, the "Project"); and WHEREAS, the School, in its application, discussions and appearance before the Authortty, has described the benefits of the Project and the School has requested the Authority to agree to issue its ~ndustnal development revenue bonds tn the amount not to exceed $4,000,000 00 (the "Bonds") to finance the costs of the Project; and WHEREAS, the Authority ~s empowered to ~ssue and sell bonds, lend the proceeds of such bonds, and acquire, own, lease, and dispose of properties, and is vested with ail powers necessary to enable it to accomplish ~ts purposes, which purposes and powers are enumerated ~n the Industrial Development and Revenue Bond Act, Title 15.2, Chapter 49 of the Code of Virginia of 1950, as amended (the "Act"); and WHEREAS, a public heating w~th respect to the ProJect and the issuance of the Bonds has been held on June 14, 2001, as required by Section 147(0 of the Code and by Section 15,2-4906 of the Act. NOW, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF LANCASTER COUNTY, VIRGINIA THAT: 1. The Authority finds that (i) the Project w~ll enhance education in the Commonwealth of V~rginia and 0i) the tssuance of the Bonds w~ll be consistent with the purposes of the Act and the powers of the Authority. 2. To assist the School with respect to the Project, the Authority agrees to undertake the ~ssuance of the Bonds m an amount not to exceed $4,000,000.00 on terms and conditions to be mutually agreed on between the Authority and the School. The Bonds shall be issued in form and pursuant to terms authorized by the Act. The pnncipal of and premium, ~f any, and interest on the Bonds shall not be dcemcd to cormutut~ a debt or pled$~ of the faith and credit of the Commonwealth of Virginia or any pohtqcal subdivision thereofi including the Authority, Lancaster County, Virgtma and the City of Virginia Beach, Virginia. Neither the Commonwealth of Vtrginia nor any political subdivtston thereof, including the Authority, shall be obligated to pay the pnnc~pal of or premium, ~f any, or interest on the Bonds or other costs incident thereto except from the revenues and receipts derived by the Authority from the School or other available funds provided by the School, and netther the faith and credit nor the taxing power of the Commonwealth of Virg~ma, or any polittcal subdivision thereof, including the Authority, shall be pledged to the payment of principal of or premium, ff any, or interest on the Bonds or other costs incident thereto. No covenant, conditton or agreement contained tn the Bonds or m any financing insmanent executed and delivered tn connectmn therewith shall be deemed to be a covenant, agreement or obligation of any present, past or future chrector, officer, employee or agent of the Authority in his individual capacity, and no officer of the Authority executing the Bonds or any other financing document or msWument shall be personally hable thereon or subject to any personal liability or accountability by reason of the issuance or execution thereof. 3. It having been represented to the Authority that it is necessary to proceed immediately with the construction, equipping and renovation of the Project, the Authority hereby agrees that the School may proceed with plans for the Project, enter unto contracts for construction, equipptng and renovation of the Project and take such other steps as it may deem appropriate in connection therewith, provided that nothing herein shall be deemed to authorize the School to obligate the Authority w~thout its consent tn each instance to the payment of any monies or the performance of any acts m connectaon with the Project. The Authority further agrees that the School may be reunbursed from the proceeds of the Bonds for all lawful costs so incurred by it prior to the adopuon of these resolutions. 4. The Authority hereby agrees to the recommendation of the School that Williams, Mullen, Clark & Dobbins, P C., Virginia Beach, V~rginia, be appointed as bond counsel and hereby appmnts such fim~ to supervise the proceedings and approve the issuance of the Bonds. 5 All lawful costs and expenses in connection with the financing and the development, constructmn and equipping of the Project, including the fees and expenses of the Authority, counsel for the Authority and bond counsel shall be paid from the proceeds of the Bonds or by the School. If for any reason such Bonds are not issued, or such Bonds are issued but it is deternuned that a part or all of such costs are not lawfully payable out of Bond proceeds, it is understood that all such expenses shall be paid by the School and that the Authority shall have no responsibility therefore. 6. In adopting this Resolution, the Authority intends to declare "official intent" toward the issuance of the Bonds w~thm the meaning of regulations issued by the Internal Revenue Sermce pursuant to Sections 103 and 141-150 of the Code, including Sectmn 1.150-2 of such regulations. 7. The Authority hereby recommends that the Board of Supervisors ("Board") for Lancaster County, Virginia and the City Council of the City of Virgin. ia Beach, Virginia ("Council") approve the issuance of the Bonds and hereby directs the Chair or Vice Chair to submit to the Board and the Council the statement tn the form prescribed by Section 15.2-.4907 of the Act, prepared by the School, a reasonably detmled summary of the comments expressed at the public heanng required by Section 15 2-4906 of the Act, and a copy of this Resolution. 8. The Authority hereby recommends that the Board designate up to $4,000,000 of its "qualified tax-exempt obhgatnons" bond amount for the calendar year 2001 to the Bonds, within the meaning of Section 265(b)(3) of the Code, by designating the same to the Authority. Subject to such designation by the Board, the Authority hereby designates to the bonds up to $4,000,000 of "qualified tax-exempt obligations" of the Authority for calendar year 2001 within the meaning of the pro~,qslons of Section 265 (b)(3) of the Code. 9. The School, by ~ts acceptance of th~s Resolutmn and its applicatton to the Authority, agrees as follows. a. The School hereby agrees to indemnify and save harmless the Authority, ~ts officers, directors, employees and agents from and against all liabilities, obligahons, claims, damages, penalties, losses, costs and expenses in any way connected wqth the Project or the Bonds; b. The purchaser of the Bonds must acknowledge that any purchase thereof will be made solely based on representations of the School and no representations of any kind as to the Project or the ability of the School to repay the Bonds has been made by the Authority; and The School agrees to pay on an annual basis, an annual administrative fee equal to l/8~ of 1% of the then outstanding Bonds, payable on each anmversary date of the issuance of the Bonds, and any costs and expenses of the Authority directly atmbutable to the Bonds, including, but not limited to a pmrata pomon of the costs of any audit of the Authority (based on the Bonds then out.standing and any other bonds of the Authority outstanding during such audit year). I0. The Authority shall perform such other acts and adopt such further resolutions as are reqmred to tmplement its undertakings as set forth m ttus Resolutmn. This Resolution will take effect immediately on its adoption. The undersigned hereby certifies that the above Resolutmn was duly adopted by the Directors of the Industrial Development Authority of Lancaster County, Virginia at a meeting duly called at v~hich a quorum was present and acting throughout on June 14, 2001, and that such Resoluuon is tn full force and effect on the date hereof. Date: June 14, 2001 Secretary, Industrial Development Authority of Lancaster County, Virgima ACCEPTED AND AGREED CAPE HENRY COLLEGIATE SCHOOL, INC. EXHIBIT D DISCLOSURE STATEMENT Date: June 14, 2001 A._~xpllcant CAPE I{ENRY COLLEGIATE SCHOOL, INC -\ 11 Owne~ s (Ifdlffelcnt from Appllcant) Nolle Type of Ap~lmat~on Concurring lcsolution approving the issuance of (a) up to $10,000,000 of l cvenue bonds by the Indust! tai Development Authority of Mlddlesex County, V~rglnia and (b) up to $4,000,000 of revenue bonds by thc Industrial Development Authority of Lancastcr County, V~rgmla to assist Applmant m financing (A) the construction and equipping of an approximately 45,000 4/- square foot classroom bu~Id~ng, tile constructIon and equipping of an approximately 15.000 +/- square foot gymnasium, (C) the renovation and equipping of locker rooms and office space ~n an ex~stmg gymnasium, and (D) the refinancing of the outstanding balance of approxm~ately $4,380,000 existing bond debt and (E) costs of tssuance of the bonds (collectively, the Ploject ) III I I The/\pplicant is a non-plofit, non-stock V~rg~nla corporatmn x;htch has a determination lcttcl from thc Irttemal Revenue Ser¥~ce grant~ng ~t charitable organtzation status under Section 501(c)13) of the lntelnal Revenue Code See attached Exhibit A for the list of the Board of Tl ustccs and officers The Applicant is thc oxYner of the ProJect (,.APE HENRY COLI.EGIATE SCHOOL. INC a Vng~nla non-profit, non-stock corporation Daniel P R~chardson, ~'"' Prestdent and Itead of School ~ 2"ao'D, I I)ISCl OSURF STA I}'NIE. N'I CAPE HENRY COLLEGIATE SCHOOL BOARD OF TRUSTEES 2000-01 BOARD OFFICERS Clsairman Mrs J~yM Wagner Immediate Past _Board _Chairman Mr G EIl~ott Schaubach, Jr _V i c,._e_- Ct'~ a i r m a n htr M~chael J Gardner Mr Walter L Satterwh~te, Jr Vice-Cl~ Mr MarkA Kelly 'I reasu~er M'rs [.inda W Cross }lead of ,.Sd~g.~!/Pr se, A_Ldet~l Ix4r D,In~el P Richardson Mr Paul V Baltaglla Mr Edw~nC Brooks Mrs Veronica L Childrcss Mr Reg~naldC Cortnaldl Mr Scot N Crcech Mrs Ix4aryF DavIes Mrs Ocl)raC D),c~,man Mr Thomat W Ell~ott Mr Jol~n It Fa~n Mr Thomas R Frantz Mr W~lllam k Gsnnow Mr Paul 0 H~rscnb~el, Jr iRUSFi!i: MEIXllII~RS Mr Gregory It Law Mr Jeffrey L McWaterg Mr FredersckJ Napol~tano II Rev M~chael M S~mone. D Mrs Wendy J Dr JcsscW St Cla~r, ill Mr~ Louisa M Strayl~orn Mr Jcrfrcy M Tourault Mr A W VanderMeer, Jr Dr Rnber~ D Dr Annie L W~ll~ams-Lov~,g FOUNDERS AND TRUSTEE EblERIT! Mr W Cec~l Carpenter* Mr John P Edmondson* Mr AndrewS F,n¢ Mr L Renshaw Forl~er Mrs DowS Grones* Mr Benjamin Hug¢~ Il Mrs Anne D,ckqon Jordan Mrs Grace Olin Jordan* hlr BernardW McCray, Jr Mr JamesR McKenry Mr Arthur Peregorf Mr George G Ph~ll~ps. Jr NIr JameqP Sadler' bl~ ',V,II~am J Vaugl~an EX-OFFICIO BOARD b, IEMBERS Mrs KarenN1 Sparks. Pre',}dent 2000-01 ParcnffFacully A%oc~at~on Mr W Tren~ Dudley, Pres~den~ 1999-01 Alumn~ Association Board or Dtrectorq Cla,:;~; nf 88 Andre DobNns. Prcstdcnl. 2000 OI S~udenl Council A~$oc~,l~on. Uppe, r Schaol Cla~s of'01 14 EADMASTEI>, EMERITUS Dr W 14ugh Moomaw {* I Dccc,~.sed VIRGINIA BEACH EXHIBIT E l'x omm~t~ Dcvclopmcnl O~ae Columbus Cenler, Stole 300 Vwgmm Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Wcbvtte www v.g.}m-bcach va u~/depffecondev E-marl ecdev~clly wrgmm-beach va us CITY OF VIRGINIA BEACIt DEVELOPMENT AUTHORITY APPROVAl. OF THE ISSUANCE BY THE (1) INDUSTRIAL DEVELOPMENT AUTHORITY OF MIDDLESEX COUNTY, VIRGINIA OF ITS REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $10,000,000 AND (2) INDUSTRIAL DEVELOPMENT AUTItORITY OF LANCASTER COUNTY, VIRGINIA OF ITS REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $4,000,000 FOR CAPE ttENRY COLLEGIATE SCttOOL, INC The Devcloplnent Autho~ ~ty recommends approval ofthe above-~ eferenced financing ~Fhe benefits of thc P~ olect to the C~ty ~ncludc fi~ lhc~ development and expansion of the School's classrooms, gymnasium and lockm lOOmS, p~ov~d~ng enhanced educational oppo~ tun~hes to c~l~zens oF thc Commonwealth of V~g~n~a, ~nc~cascd employment ~n thc C~ty of V~g~n~a Beach and ~ncrcascd ptu chases of goods, servmes and cqu~pment EXHIBIT F FISCAL IMPACT STATEMENT DATE June 19,2001 TO City Council of the City of Vii glma Beach APPLICANT Cape Henry Collegiate School, Inc TYPE OF FACILITY Independent School 1 Maximum amount of financing sought $11,500,000 Estimated taxable value of the facility's real property to be constructed in the municipality 3 Estunated real property tax per year using present tax rates 4 Estimated personal property tax per yem using present tax rates Estimated merchant's capital (business license) tax pel year using present tax rates o (a) Estimated dollar value per ycar of goods that will be purchased fi'om Vlrgima Compames w~thm the locality (b) estimated dollar value per year of goods that will be purchased from non-Virginia Compames witlun the locality (c) estimated dollar value per year of services that will be purchased fl om Virginia Companies w~tlun the locality (d) eshmated dollar value per year of services that will be purchased fiom non-Virg~ma Companies within the locality $700,000 $400,000 $750,000 $150,000 7 Estimated nmnber of regular Employees on year round basis 150 }rTE 8 Average annual salaty per employee $ 33,0OO The mfonnat~on contmned tn tins Statement Is based solely on facts and estm~ates provided by the Apphcant, and the Authority has made no ~ndependent lnveshgation with respect thereto 6 ! 92050015/ //275015 vi - FISCAl. IMPAC F S FATEMEN] -sc~fres CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY EXHIBIT G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTI-{ORITY EDUCATIONAL FACILITY REVENUE BONDS PROJECT NAME Cape Henry Collegiate School, Inc LOCATION 1320 M~II Dam Road Virginia Beach, Vlrg~ma 23454 DESCRIPTION OF PROJECT Construction and equipping of classroom bmldlng and gymnasium, renovation and eqmpp~ng of office space and locke~ rooms, and refinancing ex~sttng Bonds AMOUNT OF BOND ISSUE Up to $14,000,000 (Up to $10,000,000 from Industr|al Development Authority of M~ddlesex County, V~rglnia and up to $4,000,000 fron-! Industrial Development Authority of Lancaster County, V~rg~ma ) PRINCIPALS Cape Henry Collegiate School, Inc Darnel P Richardson, President ZONING CLASSIFICATION Pt esent Zoning Classlficahon Nonprofit school b Is tezomng proposed? NO c Ifso, to what zou~rlg class~ficatton? N/A 619205 0015///299117 vl - Summary Shect-VBAu0m~ty Cape l[cnry VIRGINIA BEACH EXHIBIT H lanumy 16, 2001 Vlrg~.mBeach [ ' , V~rgmm Beach, VA 23~2 (757) 437-6q64 FAX (757) 499-9894 Webttte www wrgmm-beach va us/depffecondev L marl ecdev~c~lyv~rgmm I~ach va uq Mi Robert G Jones Cha~ man V~gln~a Beach Dcvcloplnent Authol Ily One Columbus Ccnlc~, Sulle 300 V~ig~n~,t Beach, VA 23462 Rc Cape I lenly Collegiate School Bond Application Dcm M~ Jones It Is thc hnd~ng of the Department of Economic Development that Ihe ~mprove~ncnts ploposcd fo~ Cape l lcn~y Collegiate School will benefit the citizens of V~rg~n~a Beach by p~ovsdlng additional educational facilities, and thmeby meeting lhe publm purpose test I will be happy to answcl any questions you may have afire ou~ meeting of January 16'" Sincmely, Malk R Wawncr Prelect Development Managc~ MRW lis Item VI-J. 14. - 44- ORDINANCES/RES OL UTION ITEM #48354 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED: Tax Refunds: $4,840.17 Vottng 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C Man&go, Jr, Mayor Meyera E OberndorJ. Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Wtlham W Harrtson, Jr June 26, 2001 AN ORDINANCE AUTItORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the tbllow~ng appl~canons Ibr tax refilnds upon cemfication of the Treasurer are heleby appioved Tax Type T~cket Exoneration Date NAME Year o! Tax Number Number Paid Penalty Int. Total Boggs, Steven D 2001 Boggs, Steven D 2000 Burnell, R~chatd E & Tamma S 2000 Btunell, R~chald E & Tamara S 2000 Cantln, Jamne M 2001 Fuciarelll, Rlcatdo Ron & Teny L 1999 Fuciarelh, R~caldo Ron & Terry L 2000 Fuciarelh, Rlcardo Ron & Teny L 2000 Fuciarelh, Rlcardo Ron & Ferry L 2001 Glees, Roy C & Maigaret L 2001 Moody, James N & Shuley P 1998 Moody, James N & Shuley P 1998 Moody, James N & Shu ley P 1999 Moody, James N & Shuley P 1999 Moody, James N & Stmley P 2000 Moody, James N & Slnrley P 2000 Moody, James N & Shnley P 2001 TOTAL: RE(l/2) 01-012176-2 EA 12/05/00 RE(2/2) 00-141026-2 EA 06/05/00 RE(l/2) 00-017393-9 EA 12/03/99 RE(2/2) 00-017393-9 EA 05/31/00 RE(I/2) 01-019768-1 EA 12/01/00 RE(2/2) 99-059872-3 EA 06/05/99 RE(l/2) 00-043509-6 EA 12/05/99 RE(2/2) 00-043509-6 EA 05/18/00 RE(l/2) 01-044170-1 EA 11/30/00 RE(I/2) 01-049867-8 EA 11/21/00 RE(l/2) 98-084470-8 EA 12/03/97 RE(2/2) 98-084470-8 EA 06/05/98 RE(l/2) 99-085499-1 EA 12/03/98 RE(2/2) 99-085499-1 EA 06/05/99 RE(l/2) 00-086472-8 EA 12/01/99 RE(2/2) 00-086472-8 EA 06/02/00 RE(l/2) 01-087646-6 EA 11/30/00 115025 1150 24 172 39 172 39 59 99 96 50 279 18 279 18 260 55 225 70 48 80 48 80 48 80 48 80 48 80 48 80 61 00 4200.17 TI'us oldmance shall be elfective from date of adoptlon The above abatement(s) totaling were approved by the Council of the City ol Vugima Beach on the 26th day ot ~June 2001 Ruth Hodges Snmh C~ty Clerk John~ /x tk~lns~n7 ;l'l easurer Approved as to form ([d'y'A~tto-~ ne y FORM NO C A 8 REV 3/~4) AN ORDINANCE AUTHORIZING MEALS TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for meals tax refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME MEALS TAX DATE BASE INTEREST TOTAL YEAR PAID BRUSTERS OF VIRGINIA BEACH MYRTLES REST INC 1998-1999 AUDIT 573 49 4 78 578 27 1999-2000 AUDIT 61 73 61 73 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the $640.00 26th were day f i~h~l,i] J K611a-m ~ Commissioner of the Revenue es___~,~proved as to form' lieL. Lill~ ' '- City Attorney approved by the Council of the of June ,20 O] Ruth Hodges Smith City Clerk - 45- Item VI-K. PLANNING ITEM #48355 1. BILL Y W. CHAPLAIN RECONSIDERATION (DENIED: March 2 7, 2001) CONDITIONAL CHANGE OF ZONING And CONDITIONAL USE PERMIT 2. OCEAN BAY HOMES, L.L. C., a Virginia Limited Liability Company STREET CLOSURE 3. BA YMARK CONSTRUCTION CORPORA TION, MODIFICATION OF PROFFERS (May 1 1999 Approved Conditional COZ) 4. DOUG WESTIN/U-HAUL COMPANY OF VIRGINIA CONDITIONAL USE' PERMIT 5. BJ'S WHOLESALE CLUB, INC., a Delaware Corporation CONDITIONAL USE' PERMIT 6. ROBERT H. VENNER CONDITIONAL USE PERMIT 7. JAMES H. CAPPS CONDITIONAL USE PERMIT 8. DOMINION BUILDING GROUP, INC. CONDITIONAL CHANGE OF ZONING 9. SETTLERS CROSSING, L.L. C. a Virginia Corporation CONDITIONAL CHANGES OF ZONING June 26, 2001 Item VI-K. - 46- PLANNING ITEM #48356 (The followtng ttems were deferred by the Planmng Commtsston on June 13, 2001 attd requtred NO ACTION. 1 Apphcattons ofWAL-MARTREAL ESTATE BUSINESS TRUST (DISTRICT 3 - ROSE HALL) a Dtsconttnuance, closure and abandonment, at the southern boundary of Bonney Road, runntng tn a southerly dtrectton of the followtng porttons Avenue E, contatmng 17, 500 square feet Avenue H, contatmng 13, 068 square feet Rodrtquez Drtve, contatmng 16, 500 square feet Wagner Street, contatmng 7,600feet Change of Zomng Dtstnct Classtficattons from B-2 Commumty Bustness Dtstrtct and Con&ttonal I-1 HeavF Industrtal Dtstrtct to Condtttonal B-2 Communttv Bustness Dtstrtct at the southeast tntersectton of Bonney Road and Rodrtquez Drive, contatmng 22 acres c Condtttonal Use Permtt, for an automobtle servtce estabhshment, contatmng 22 acres 2 AMENDMENTS to the Ctty Zontng Ordtnance a 11106 re requirements for appeals and vartances to the Board of Zomng Appeals 11111 by ADDING or DELETING certatn defintttons tncluded tn the ordtnance "Alternattve Dtschargtng Sewer Treatment System ", "Flood Insurance Study, .... Floodplam," "Flood Frmge," "Floodway," "Gross Acreage," "Prtvate Sewage Treatment Factltty, .... Private Utthttes, " "Regulatory Floodway," "Utthty Installatton (Pubhc or Prtvate) " and "Wetlands" c 1[200provtchng certatn Wetland and Floodplain areas not be tncluded tn determtmng the gross area ora zontng lot and AMENDING the determtnatton of zontng lot d 11239 1 re requtrements and restncttons ofprtvate sewage treatmentfacthttes e 11402 and 11405 to AMEND chmenstonal requtrements and alternattve restdenttal development tn AG-1 and A G-2 Dtstrtcts f 11502, 11506 and 11507 re dtmenstonal requtrements for R-40 thru R-SS, Open Space Opttons, and Flex Suttes requtrements g 111124 re requtrementsfor the Land Use Plans tn PD-H2 Ordinance to AMEND 114 4 and 116 1 of the Subdivision Ordinance, ADDING 111 5, 111 6 and destgn standards and defintttons of Floodplatns and Wetlands 4 Ordinance to AMEND the Site Plan Ordinance: a 111 10,111 15,1144Band1156B, ADDING1[1 17,111 18,1141B16,1141B17, and, ADDING requtrements and defintttons of Floodplatns and Wetlands b 115B re requtrementsforfilhng tnfloodplatns andsubmtsston ofapphcattons andperformance standards for granting of Floodplatn Vartances 5 Ordtnance to AMEND ![4 and ADDING 119 of the Stormwater Management Ordinance defimttons and destgn crtterta 6 Ordtnance to AMEND 11103, 11104 and 11110 of the Chesapeake Bay PreservationArea Ordinance re defintttons, apphcabthty and plan of the development process Ordtnance to AMEND 114 and 118 of the Southern Watersheds Management Ordinance; ADDING and AMENDING design crtterta and defimttons for Floodplams and Nonttdal Wetlands June 26, 2001 Item VI-K. -47- PLANNING ITEM # 4835 7 Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED in ONE MOTION Items 2, 3, 4 (WITHDRAWN), 5, 6, 7, 8 and 9 (DEFERRED) of the PLANNING AGENDA Item 4 was WITHDRA Vt'N, BY CONSENT Item 9 was DEFERRED INDEFINITEL Y, B Y CONSENT Vottng 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Wtlham W Harrtson, dr Councd Lady McClanan ABSTAINED on Item 3 (BA YMARK) as she and her husband own property adJacent to the apphcatton June 26, 2001 PLANNING - 48- ITEM # 48358 Attorney R E Bourdon, Pembroke One, Ftfth Floor, Phone 499-8971, represented the apphcant A MOTION was made by Counctlman Branch, seconded by Vtce Mayor Sessoms, re Ordmances upon apphcatton of BILLY W. CHAPLAIN for a Condtttonal Change of Zoning and Condtttonal Use Permtt (DENIED: March 27, 2001) to REVISE Proffer No 1 to hmtt the term of the Condtttonal Use Permtt to ten (10) years and add another condition "Should the land use on the property to the south of the subject property change to somethtng other than a tratler park or should the tratler park cease to operate for a pertod of two (2) years, the Condtttonal Use Permtt for Bulk Storage on the subject property may, at the sole dtscretton of the Ctty Counctl be revoked or resctnded upon thtrty (30) days wrttten nottce to the property owner" AND, ORDINANCE UPON APPLICATION OF BILL Y W CHAPLAIN FOR A CONDITIONAL CHANGE OF ZONING FROM A-12 AND RT-3 TO CONDITIONAL B-2 Ordtnance upon apphcatton of Btlly W Chaplatn for a Condtttonal Change of Zontngfrom A-12 Apartment Dtstrtct and RT-3 Resort Tourtst Dtstrtct to Condtttonal B-2 Community Business Dtstrtct on the west side of Washtngton Avenue begtnntng at potnt 140 feet more or less south of Vtrgtnta Beach Boulevard, 849 and 853 Vtrgtnta Beach Boulevard (GPIN #2417-86-2074) and contatns 23,850 square feet BEACH- DISTRICT 6 ORDINANCE UPON APPLICATION OF BILL Y W CHAPLAIN FOR A CONDITIONAL USE PERMIT FOR A BULK STORA GE YARD Ordtnance upon apphcatton of Btlly W Chaplatn for a Condtttonal Use Permtt for a bulk storage yard at the southwest corner of Vtrgtnta Beach Boulevard and Washtngton Avenue (GPIN #2417-86-2074) Satd parcel ss located at 849 & 853 Vtrgtnza Beach Boulevard and contatns 19,000 square feet BEACH - DISTRICT 6 Vottng 5-5 (AFFIRMATIVE MOTION LOST TO TIE VOTE) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Barbara M Henley, Louts R Jones, Robert C Man&go and Vtce Mayor Wtlham D Sessoms, Jr Counctl Members Vottng Nay Margaret L Eure, Reba S McClanan, Nancy K Parker and Rosemary Wdson Mayor Meyera E OberndorJ. Counctl Members Absent Wtlham W Harrtson, Jr June 26, 2001 - 49- Item VI-K. 2. PLANNING ITEM # 48359 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl APPROVED , the petttton of OCEAN BAY HOMES, L.L.C., a Vtrgtnta hmtted habthty company, for the dtsconttnuance, closure and abandonment of a portton of Holly Road Apphcatton of Ocean Bay Homes, L L C, a Vtrgtnta Ltmtted Ltabthty Company for the dtsconttnuance, closure and abandonment of a portton of Holy Road at the southeast tntersectton of 2~h Street and Cypress Avenue as shown on theplat entttled "Street Closure Plat Lots 30 & 32, Block 128 Vtrgtnta Beach Development Co, Plat Recorded tn M B 5, pg 103, tn the Clerk's Office of the Ctrcutt Court, Vtrgtnta Beach, Vtrgtnta" Satd parcel contatns 2,415 square feet (DISTRICT 6 - BEACH) The followtng con&ttons shall be required The Ctty Attorney's Office wtll make the final determtnatton regardtng ownershtp of the underlymg fee The purchaseprtce to be pard to the Ctty shall be determtned accordtng to the "Pohcy Regardtng Purchase of City's Interest tn Streets Pursuant to Street Closures, "approved by Ctty Counctl Coptes of the pohcy are avatlable tn the Planntng Department The apphcant ts reqmred to resubchvtde the property and vacate tnternal lot hnes to tncorporate the closed area tnto the adjotntng parcels A survey tndtcattng the locatton of the extsttng Vtrgtnta Power pole and the fire hydrant on the corner must be included wtth the plat when revtewed by the Planntng Department to ensure that the street closure does not encompass these facthttes The plat must be submitted and approved for recordatton prtor to final street closure approval The apphcant ts requtred to vertfy that no prtvate utthttes extst wtthtn the rtght-of-way proposed for closure Prehmmary comments from the prtvate utthty compantes tn&cate that there ts a Vtrgtnta Power guy stub pole and anchor wtthtn the rtght-of- way proposed for closure If prtvate utthttes do extst, easements sattsfactory to the utthty company must be provtded Closure of the rtght-of-way shall be conttngent upon comphance wtth the above stated conchttons wtthtn 365 days of approval by Ctty Counctl If all conchttons noted above are not accomphshed and a final plat ts not approved wtthtn one (1) year of the City Counctl's vote to close the roadway, thts approval will be constdered null and void Vottng 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Wtlham W Harrtson, Jr June 26, 2001 - 50- Item VI-K. 3. PLANNING ITEM # 48360 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Cay Counctl MODIFIED PR OFFERS re LAND USE, AR CHITE CTURAL ELE VA TIONS TO IMPR 0 VE VIS TA OF THE CLUB HOUSE, ADD OPEN SPACE and RELOCATE the TOWNHOUSE DEVELOPMENT, tn the May 1999 apphcatton of BAYMARK CONSTRUCTION CORPORATION, a Vtrgtnta Corporatton, for "Vtllage Commons" Change ofZontng Dtstrtct Classtficattons from A. G-1 A G-2, R-20 and R-40 to Condtttonal PD- HI and AG-I, AG-2, R-20 and R-40 to Condtttonal P-1 Ordtnance upon apphcatton of BA YMARK CONSTRUCTION CORPORATION, a Vtrgtnta Corporatton, for a Modtficatton of Proffers for Change ofZonmg Dtstrtct Classtficattons from A G-1 A G-2, R-20 and R-40 to Condtttonal PD-H1 andAG-1, AG-2, R-20 andR-40 to Condtttonal P-1 (Vtllage Commons,) granted by Ctty Counctl on May 11, 1999 (GPIN #1493-75-7869, #1493-75-9705, 1493-86-4526, #1493-85-4808) Satd parcels are located on the north stde of Indian Rtver Road, west of West Neck Road and contatn 5 4 acres (DISTRICT 7 - PRINCESS ANNE) Vottng 9-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Council Members Abstatntng Reba S McClanan Council Members Absent Wtlham W Harrison, Jr Counctl Lady McClanan ABSTAINED on Item 3 (BA YMARK) as she and her husband own property adjacent to the apphcant's property June 26, 2001 - 51 - Item VI-K. 4. PLANNING ITEM # 48361 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl ALLOWED WITHDRAWAL of the Or&nance upon Apphcatton of DOUG WESTIN/U-HAUL COMPANY OF VIRGINIA for a Condtttonal Use Permit for a self-storage facthty O~INANCE UPON APPLICATION OF DOUG WESTON/U-HAUL COMPANY OF VIRGINIA FOR A CONDITIONAL USE PERMIT FOR A SELF-STORA GE FA CILITY IN CONJUNCTION WITH AN EXISTING U- HA UL ESTABLISHMENT Or&nance upon apphcatton of Doug Weston/U-Haul Company of Vtrgtnta for a Condtttonal use Permtt for a self-storage facthty tn conjunctton wtth an extsttng U-Haul estabhshment on property located on the east stde of South Plaza Tratl south ofi-264 (GPIN #1487-83-5307) Satd parcel ts located at 140 South Plaza Tratl and contains 1 4 acres DISTRICT 3 - ROSE HALL Vottng 10-0 (By Consen0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Wdham W Harrtson, Jr June 26, 2001 - 52 - Item VI-K. 5. PLANNING ITEM # 48362 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED an Ordtnance upon Apphcatton of BJ's WHOLESALE CLUB, INC., a Delaware Corporatton, for a Condtttonal Use Permtt O~INANCE UPON APPLICA TION OF BJ's WHOLESALE CLUB, INC , A DELAWA~ CORPORATION FOR A CONDITIONAL USE PERMIT FOR ANA UTOMOBILE SER VICE STATION (FUEL SALES) R06013054 BE IT HEREBY O~AINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon apphcatton of BJ's Wholesale Club, Inc, a Delaware Corporatton, for a Condtttonal Use Permtt for an automobtle service statton (fuel sales) on certatn property located on the north stde of Vtrgtn ta Beach Boulevard, west of Rosemont Road (GPIN #1487-44-8869) Satd parcel ss located at 3 712 Vtrgtnta Beach Boulevard and contatns dl 0 028 acres DISTRICT 5 - L YNNHA VEN The following condtttons shall be requtred 1 All landscaptng, to tnclude groundcover tn all tslands, wtthtn the fuel sales area, the matn parktng lot and the bmldtngfoundatton must be tnstalled prtor to a certtficate of occupancy betng granted for the fuel sales area 2 Total canopy stgnage shall not exceedfifty (50) square feet (two stgns totaO 3 No outstde vendtng machtnes, utthty trader rentals or outstde storage or &splay wtll be allowed 4 &gnsfor the stte shall be hmtted to traffic control stgns and the canopy stgnage noted above tn Condttton #2 Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the TwentY-Sixth Of June, Two Thousand One Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Wdham W Harrtson, Jr June 26, 2001 - 53 - Item VI-K. 6. PLANNING ITEM # 48363 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Counctl ADOPTED, SUBJECT TO ANNUAL ADMINISTRATIVE REVIEW, the Ordtnance upon apphcatton of ROBERT H. VENNER for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF ROBERT H VENNER FOR A CONDITIONAL USE PERMIT FOR AN EDUCATIONAL/RECREATIONAL CAMP R06013055 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of Robert H Venner for a Condtttonal Use Permtt for an educattonal/recreattonal camp located west of the western extremtty of Mendota Court (GPIN #2308- 76- 7944) Satdparcel ss located at 589 Prtncess Anne Road and contatns 39 537 acres DISTRICT 7 - PRINCESS ANNE The followtng condtttons shall be requtred The apphcant shall submtt a stte plan to the Development Servtces Center showtng hmtts of cleartng, campground tmprovements and pedestrtan tratls As part of the stte plan revtew, the apphcant wtll work wtth the Planntng Department to create a buffer restoratton plan for the southern edge of the finger creek 2 All structures shall be located outstde of the 100-yearfloodplatn (elevatton 5 feeO No fill wtthtn the floodplatn wtll be allowed 3 The campground ts hmtted to twenty-five campers, one servtce butldtng (bathhouse) and one ptcntc shelter All campers must be regtstered tn the Dtscover Vtrgtnta Outdoor Educatton program The campground shall not be used by, or rented to, any other groups or tndtvtduals 5 The campgroundshall be used on a seasonal basts, between May 30 and September 30, of each year 6 Any open burntng shall comply wtth Ctty Code Sectton 12-3 pertatntng to open burntng 7 An admtntstrattve revtew ofthts usepermtt wtll be conducted on a yearly basts to ensure all condtttons are met Thts Ordtnance shall be effecttve tn accordance wtth Section 107 09 of the Zontng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twent¥-stxth of June, Two Thousand One Vottng 10-0 (By Consent) Council Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Wtlham W Harrtson, Jr June 26, 2001 Item VI-K. 7. - 54- PLANNING ITEM # 48364 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED the Or&nance upon apphcatton of JAMES H. CAPPS for a Conditional Use Permtt ORDINANCE UPON APPLICATION OF JAMES H CAPPS FOR A CONDITIONAL USE PERMIT FOR A PARKING LOT R06013056 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of James H Capps for a Condtttonal Use Permtt for a temporaryparktng lot on the east stde of Atlantic Avenue, 1 O0 feet south of l t7n Street (GPIN #2427-26-1660) Satd parcel ts located at 1507 Atlanttc Avenue and contatns 15,000 square feet DISTRICT 6 - BEACH The followtng condtttons shall be requtred Thts Condtttonal Use permtt ts vahd for one (1) year from the date of Ctty Counctl approval and may be reacttvated only through actton of the Planning Commtsston and the Ctty Council as a new Condtttonal Use Permtt apphcatton Development of the parktng lot shall adhere to Sectton 23-58 of the Ctty Code except that tn heu of fenctng as provtded for as an alternattve under Sectton 23-5809(2), the lot shall be screened by landscaptng meettng the requtrements of the ctty's parktng lot landscaptng spectficattons and standards pertatntng to pertmeter screentng The attendant statton shall be located at least fifiy (50)feet back from Atlanttc Avenue tn order to reduce the stacktng of motor vehtcles onto Atlanttc Avenue Any stgn shall meet the provtston of Sectton 23-58(g) and shall be approved by the Dtrector of Planmng or his destgnee prtor to betng granted a permtt Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twenty-sixth of June. Two Thousand One Vottng 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr anti Rosemary Wtlson Counctl Members Vottng Nay None Council Members Absent Wtlham W Harrtson, Jr June 26, 2001 Item VI-K. 8. - 55 - PLANNING ITEM # 48365 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Counctl ADOPTED the Ordinance upon apphcatton of DOMINION BUILDING GROUP, INC., for a Change of Zontng District Classtficatlon O~INANCE UPON APPLICATION OF DOMINION BUILDING GROUP, INC, A VIRGINIA CORPORATION, FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FROM R- 10 TO CONDITIONAL B-1 Z06011201 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon apphcatton of Domlmon Butldtng Group, Inc , a Vtrgtnta Corporatton, for a Change of Z orang Dtstnct Classtficatton form R-10 Restdentlal Dtstrtct to Conditional B-1 Netghborhood Bustness District on the west side of South Btrdneck Road, 70 17feet north of Jackson Street (GPIN #2417-44-6080) The proposed zoning classtficatton change to Condtttonal B-1 is for low lntenstty commercial land use The Comprehensive Plan recommends use of thts parcel for suburban restdenttal/low denstty use (at or below 3 5 dwelhng untts per acre) in accordance with other Plan pohcles Slad parcel ts located at 113 South Btrdneck Road and contatns 18, 717 square feet DISTRICT 6 - BEACH The followtng condttton shall be required 1 Agreement encompasstng proffers shall be recorded wtth the Clerk of the Ctrcutt Court Voting 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wdson Council Members Vottng Nay None Counctl Members Absent Wtlham W Harrtson, Jr June 26, 2001 - 56- Item VI-K. 9. PLdNNING ITEM # 48366 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, Ctty Counctl DEFERRED INDEFINITELY, Ordtnances upon apphcatton of SETTLERS CROSSING, L.L.C., a Vtrgtnta hmtted habthty company for Condtttonal Changes of Zomng ORDINANCE UPON APPLICA TION OF SETTLERS CROSSING, L L C, A VIRGINIA LIMITED LIABILITY COMPANY, FOR A CHANGE OF' ZONING DISTRICT CLASSIFICATION FROM A-12 AND R-7 5 TO CONDITIONAL B-2 Or&nance upon apphcatton of Settlers Crosstng, L L C, a Vtrgtnta Limited Ltabthty Company for a Change of Zonmg Dtstrtct Classtficatton from A- 12 Apartment Dtstrtct and R- 7 5 Residential Dtstrtct to Conchttonal B-2 Communtty Bustness Dtstrtct on the followtng parcels Parcel 1 From A-12 to Condtttonal B-2 on the west stde of Wtndsor Oaks Boulevard, 600feet more or less south of Holland road Parcel 2 From R-7 5 to Condtttonal B-2 on the west side of Windsor Oaks Boulevard, 1300feet more or less south of Holland Road (GPIN #14876- 14-4893) The proposed zomng classtficatton change to Condtttonal B-2 ts for commerctal land use The Comprehenstve Plan recommends use of the A- 12 parcel for restdenttal uses above 3 5 dwelhng untts per acre tn accordance wtth other Plan pohctes AND, Satd parcels contatn 13 3 acres more or less DISTRICT 3 - ROSE HALL O~INANCE UPON APPLICA TION OF SETTLERS CROSSING, L L C, A VIRGINIA LIMITED LIABILITY COMPANY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-12, R- 7 5 AND B-2 TO CONDITIONAL A-12 WITH A PD-H2 Ordtnance upon apphcatton of Settlers Crossing, L L C, a Vtrgtnta Ltmtted Ltabthty Company for a Change of Zomng Dtstrtct Classtficatton from A- 12 Apartment Distract, R-7 5 Restdenttal Dtstrtct and B-2 Communtty Bustness Dtstrtct to Condtttonal A-12 Apartment Dtstrtct wtth a PD-H2 Planned Development Houstng Dtstrtct Overlay on the followtng parcels Parcel 1 From A-12 to Con&ttonal A-12 wtth a PD-H2 Overlay on the east stde of Wtndsor Oaks Boulevard, 350feet more or less north of South Independence Boulevard Parcel 2 From A-12 to Condtttonal A-12 wtth a PD-H2 Overlay on the west side of Wtndsor Oaks Boulevard, 350feet more or less north of South Independence Boulevard Parcel 3 From A-12 to Condtttonal A-12 wtth a PD-H2 Overlay on the west stde of Wtndsor Oaks Boulevard, 110 feet more or less south q£ Holland Road Parcel 4 From R-7 to Conditional A-2 wtth a PD~H2 Overlay on the east stde of Wtndsor Oaks Boulevard, 1200feet more or less north of South Independence Boulevard Parcel 5 From R-7 5 to Condtttonal Aj-2 wtth a PD-H2 Overlay on the west stde of Wtndsor Oaks Boulevard, 1170feet more or less north of South Independence Boulevard Parcels 6 & 7 From B-2 to Condtttonal A-12 wtth a PD-H2 Overlay on the northeast and northwest corners of Windsor Oaks Boulevard and South Independence Boulevard Theproposed zontng classtficatton change to Condtttonal A-12 wtth a PD- H2 Overlay ts for multt-famtly land use at a denstty no greater than 12 dwelhng untts per acre The Comprehenstve Plan recommends use of the R-7 5parcel for restdenttal use at or below 3 5 dwelhng untts per acre, the A-12 parcel for restdenttal uses above 3 5 dwelhng umts per acre and the B-2 parcels for retail, service and office use tn accordance wtth other Plan pohctes Satd parcels contatn 91 8 acres DISTRICT 3 - ROSE HALL June 26, 2001 Item VI-K. 9. -57- PLANNING ITEM # 48366 (Continued) Vottng 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wilson Counctl Members Vottng Nay None Counctl Members Absent Wtlham W Harrtson, Jr June 26, 2001 - 58 - Item VI-L. 1. APPOINTMENTS ITEM # 48367 BY CONSENSUS, Ctty Counctl RESCHEDULED the followtng APPOINTMENTS: PARKS AND RECREATION COMMISSION SOCIAL SERVICES BOARD REMOVED FROM AGENDA BY CONSENSUS, TOWING AD VISOR Y BOARD June 26, 2001 - 59 - Item VI-L.2. APPOINTMENTS ITEM # 48368 Upon motion by Vtce Mayor Sessoms, Ctty Counctl NOMINA TED: Mary Almaguer COMMUNITY SER VICES BOARD (to be appointed 7/03/01) lin accordance with Virginia State Code, Section 37.1-195, information on the above proposed appointee is available in the Office of the City Clerk] dune 26, 2001 - 60 - Item VI-N. 1. NE W BUSINESS ITEM ii 48369 B Y CONSENSUS, CITY CLERK TO RECORD: ABSTRA CT OF LEGAL CIVIL CASES- Resolved by the City Attorney - May 2001 June 26, 2001 - 61 - Item VI-N. 2. NE W BUSINESS ITEM # 483 70 BY CONSENSUS, CITY CLERK TO RECORD: Abstract of votes, as recorded by the General Registrar, from the 2001 DEMOCRA TIC PAR TY PRIMAR Y ELECTION June 26, 2001 Item VI-O. 1. ADJOURNMENT ITEM #483 71 Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 8:12 P.M. Beverly 0 Hooks, CMC Chtef Deputy City Clerk Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta dune 26, 2001 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS 0 H M B A C M E S DATE June 26, 2001 B R H C A R P E W PAGE 1 R R E J L N N A S I A E I N O A D D R S L N U S L N N I O K O S AGENDA C R O E E A G R E M O H E N Y S N O F R S N ITEM # SUBJECT MOTION VOTE I/i BRIEFINGS A E-GOV COMMISSION PROGRESS David Sullivan, Chief Information Video Streaming of Council Meetings Officer E-Community Pnnmplcs B U S FIELD HOCKEY AGREEMENT Sara Hcnsley, Parks & Rcc II/A CiTY COUNCIL PRESENTAT]ON Andrew Fine, Chair Hampton HAMPTON ROADS WORKFORCE Rds Workforce DEVELOPMENT INITIATIVE Dev Board Roy Budd, Pres & CEO, Opportunity, Inc III/W/ CERTIFICATION OF CLOSED SESSION Certified 9-0 Y Y A Y Y Y Y A Y Y Y V/VI/ B E S T A I N E D F MINUTES June 12, 2001 APPROVED 9-0 Y Y A Y A Y Y Y Y Y Y B S T A I N E D June 19, 2001 APPROVED 10-0 Y Y A Y Y Y Y Y Y Y Y G/H/1 BID OPENING Bid received from USFHA accepted OPENING OF SEALED BIDS by Mayor/City Multi-Use Recreational Fields Attorney I/ PUBLIC HEARINGS I UNITED STATES FIELD HOCKEY No Speakers NATIONAL TRAINING CENTER 2 CITY CODE AMENDMENT to {}21-429 re Ordinance TOWING scheduled for 7/3/01 J/l/ Ordinances re Multi-Use Recreational Fields: a ACCEPT/AWARD BIDS re joint use/cost Accepted/ 9-1 Y Y A Y Y N Y Y Y Y Y participation agreement for a national Awarded Bids/ Women's Sports Teach/allow other Authorized compatible public uses/authorize Agreement Agreement b AMEND scope/financing of Multi-Use Adopted 9-1 Y Y A Y Y N Y Y Y Y Y Recreational Fields/TRANSFER $264,719 to Ordinance to Parks/Rec/total programmed cost of project be Amend/Transfer/ reduced to $2,744,719 Reduce Cost of total prolect CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS 0 H M B A C M E S DATE June 26, 2001 B R H C A R P E W PAGE 2 R R E J L N N A S I A E I N O A D D R S L N U S L N N I O K O S AGENDA C R O E E A G R E M O H E N Y S N O F R S N ITEM # SUBJECT MOTION VOTE 2 Ordinances to AMEND City Code ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y CONSENT a §6-9 re bicycles/pedal-powered vehicles on Boardwalk b §6-122 2 re blood or breath testing - Boating Under the Influence c Appropriate sections of Chapter 7/ ADDING §7-49 1 re bicycles/mopeds d §§21-31, 21-51, 21-296/21-360 re bringing motor vehicles into conformity w~th state law re funeral processions/license plates/ school crossing guards e ADDING §21-112 re warning devices on self-propelled vehicles f §21-206 re weighing vehicles/excess loads g §21-207 re liquidated damages for violation of weight limits/storage/ disposition/vehicle and cargo weight/ violations h §21-344 re reimbursement to emergency response teams for expenses responding to driving while impaired 1 §23-50 re notice required for City cutting excessive grow'th of weeds/grass on vacant developed/undeveloped privately owned property 3 Ordinance to authorize contract between Va ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y Forestry/City for forest fire control CONSENT 4 Ordinance to authorize encroachments into DEFERRED TO 10-0 Y Y A Y Y Y Y Y Y Y Y portion of Lake Wesley at 505 Kerry Lane 7/10/01 (Croatan) by WAYNE C. and THERESA B SAWYER re np rap/gangway/floating dock (DISTRICT 6- BEACH) 5 Ordinances to APPROPRIATE SVJTA ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y funds CONSENT a $209,435 to Social Services re employment services b $65,017 grant to Housing/Neighborhood preservation re Care Youth Leadership Camp, effective July 1,2001/authorize contract w~th YMCA 6 Ordinance to APPROPRIATE $300,000/ ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y TRANSFER $310,812 for Juvenile Detention CONSENT to FY 01 CSA Special Revenue Fund 7 Ordinance to TRANSFER $710,574 from FY ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y 2001-2006 CIP re Kempsvdle Elementary CONSENT School 8 Ordinance to TRANSFER $197,300 to FY 01 ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y EMS re deficit resulting from gasohne price CONSENT increases/maintenance costs 9 Ordinance to TRANSFER $45,000 of FEMA ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y grant funds FY 01 budget of Fire Dept re CONSENT transport tractors 10 Ordinances re 4 1/2% compensations: ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y CONSENT a C~ty Manager b City Attorney c City Clerk d City Assessor 11 Ordinance re Appointment of Viewers July 1, ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y 2001, to review application re streets/alleys CONSENT proposed to be altered or vacated CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS 0 H M B A C M E S DATE June 26, 2001 B R H C A R P E W PAGE 3 R R E J L N N A S I A E I N O A D D R S L N U S L N N I O K O S AGENDA C R O E E A G R E M O H E N Y S N O F R S N ITEM # SUBJECT MOTION VOTE 12 EMS annual permits for non-profit APPROVED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y OrgamzaUons CONSENT a Advanced Wheelchair Transport, Inc b Al's Wheelchair Transportation c Chesapeake Fire Department d Children's Hospital of the Kings Daughters e DOCC Transportation, Inc f Eastern Me&cal Transport g Eastern Shore Ambulance Service, Inc h Lffehne Ambulance Sermce, Inc 1 Medmal Transport, Inc j Nightingale Regional A~r Ambulance k Norfolk F~re and Paramedical Servmes 1 Vlr~lma Medmal Wheelchair Transport 13 Resolution re ~ssuance by Develop Authority ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y of Revenue Bonds for Cape Henry Collegiate CONSENT School, Inc.: a Middlesex County - not to exceed $10,000,000 b Lancaster County - not to exceed $4,000,000 14 Tax Refunds: $4,840.17 APPROVED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y CONSENT K PLANNING - NO ACTION ITEMS: I Apphcattons of WAL-MARTREAL ESTATE BUSINESS TRUST (DISTRICT 3 - ROSE HALL) a Closure of Boney Road/Avenue E~ A venue H/Rodrtquez Drive~Wagner Street b COZ from B-2/Condtttonal I-1 to Condtttonal B-2 c CUP Auto servtce 2 AMENDMENTS to the City Zoning Ordtnance (CZQ) PLANNING 1 RECONSIDERATION: BILLY W. AFFIRMATIVE 5-5 Y N A Y Y N Y N N Y N CHAPLAIN at 849/853 V~rglma Beach MOTION LOST Boulevard (DISTRICT 6 - BEACH) TO TIE VOTE a COZ from A-12/RT-3 to Conditional B-2 b CUP Bulk storage yard 2 OCEAN BAY HOMES, L.L.C., for closure APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y of portion of Holly Road at 26th Street/Cypress CONDITIONED Avenue (DISTRICT 6 - BEACH) BY CONSENT 3 BAYMARK CONSTRUCTION CORP Modified Proffers 9-0 Y Y A Y Y A Y Y Y Y Y Modfficatlon of Proffers re land re land B use/architectural elevation for '%qllage use/elevations to S Commons" 1999 approved COZ on In&an improve wsta/add T River Road/West Neck Road (DISTRICT 7 - open space/ A PRINCESS ANNE) relocate I townhouse N development, BY E CONSENT D 4 DOUG WESTIN/U-HAUL CUP Self- ALLOWED 10-0 Y Y A Y Y Y Y Y Y Y Y storage with existing U-Haul at 140 South WITHDRAWAL, Plaza Trail (DISTRICT 3 - ROSE HALL) BY CONSENT 5 BJ's WHOLESALE CLUB, INC. CUP APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y Auto (fuel sales) at 3712 V~rglma Beach CONDITIONED Boulevard (DISTRICT 5 - LYNNHAVEN) BY CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS 0 H M B A C M E S DATE June 26, 2001 B R H C A R P E W PAGE 4 R R E J L N N A S I A E I N O A D D R S L N U S L N N ! O K O S AGENDA C R O E E A G R E M O H E N Y S N O F R S N ITEM # SUBJECT MOTION VOTE 6 ROBERT H. VENNER CUP APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y Educational/recreational camp at 589 Princess CONDITIONED Anne Road (DISTRICT 7 - PRINCESS BY CONSENT, ANNE) upon annual administrative review 7 JAMES H. CAPPS CUP Parking lot at APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y 1507 Atlantic Avenue (DISTRICT 6 -BEACH) CONDITIONED BY CONSENT FOR ONE YEAR 8 DOMINION BUILDING GROUP COZ APPROVED, AS 10-0 Y Y A Y Y Y Y Y Y Y Y from R-10R to Conditional B-I at 113 South PROFFERED, BY Blrdncck Road (DISTRICT 6 - BEACH) CONSENT 9 SETTLERS CROSSING (DISTRICT 3 - DEFERRED 10-0 Y Y A Y Y Y Y Y Y Y Y ROSE HALL) INDEFINITELY BY CONSENT a COZ from A-I 2/R-7 5 to Conditional B-2 at Windsor Oaks Boulevard/Holland Road b COZ from A-12/R-7 5 and B-2 to Conditional A-12 with PD-H2 at Windsor Oaks Blvd/South Independence Blvd/ Holland Road L APPOINTMENTS COMMUNITY SERVICES BOARD (CSB) Nominated Mary Almagucr for appointment 07/03/01 PARKS AND RECREATION COMMISSION Rescheduled B Y C O N S E N S U S SOCIAL SERVICES BOARD Rescheduled B Y C O N S E N S U S TOWING ADVISORY BOARD Removed from Agenda BY CONSENT M/N/ ABSTRACT OF LEGAL CIVIL CASES - CITY CLERK TO B Y C O N S E N S U S I Resolved by the City Attorney - May 2001 RECORD 2 The abstract of votes as recorded by the CITY CLERK TO B Y C O N S E N S U S General Regtstrar, from the 2001 RECORD DEMOCRATIC PARTY PRIMARY ELECTION O ADJOURNMENT 8 12 PM