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MAY 11, 2004 AGENDA "COMMUNITY FOR A LIFETIME" CITY OF VIRGINIA BEACH CITY COUNCIL MA YOR MEYERA E. OBERNDORF, At-La,.e VICE MAYOR LOULS R. JONES, Bay'¡¿" - Di>trict 4 HARRY E. DIEZ,EL, Kemp"Ü/e - Dutrict 2 MARGARET L EURE, Cen,,~il¡e - Dutri" 1 REBA S. M,CLANAN, Ro" Holl - Dutrict 3 RICHARD A. MADDOX, Be"h - Du"i" 6 JIM REEVE, Pri""" Anne - Di>lrict 7 PETER w. SCHMIDT. At-La..., RON A. VILLANUEVA, At-La'., ROSEMARY WILSON, At-La'ge JAMES L WOOD, Lynnhav'n -Do"ict 5 CITY COUNCIL AGENDA JAMES K. SPORE, Ci(Y Monage' !-EWE L. ULLEY Ci(Y Anorn" Rum HODGES SMITH, MMCA, Ci(Y C¡"k 11 May 2004 1. COUNCIL LIASION REPORTS II, CITY COUNCIL COMMENTS IIl. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room - Conference Room A. CALL TO ORDER - Mayor Meyera E, Oberndorf B. ROLL CALL OF CITY COUNCIL c. RECESS TO CLOSED SESSION v. FORMAL SESSION - Council Chamber A. CALL TO ORDER - Mayor Meyera E, Obemdorf B. Reverend Charles Moseley Oak Grove Baptist Church INVOCATION: c. CITY HALL BUILDING I 2401 COUR11l0USE DRIVE VIRGINIA BEACH. VIRGINIA 23456-8005 PRaNK (757) 4274303 FAX (757) 426-5669 E MAILClycncl@vbgov.corn 2:30 P,M, 3:30 P,M, 6:00P.M, 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, L 2, 3, MINUTES SPECIAL FORMAL SESSION SPECIAL FORMAL SESSION INFORMAL AND FORMAL SESSIONS April 15,2004 April 20, 2004 April 27, 2004 G. AGENDA FOR FORMAL SESSION H. 1. PUBLIC HEARINGS L AGRICULTURE RESERVE PROGRAM (ARP) Baurn Road 2, PROPERTY TAX EXEMPTIONS a, Hampton Road Youth Hockey Association, Inc, b, Hampton Roads Junior Golf Foundation c, Paradocks, Inc, 3, CITY PROPERTY FRANCHISE Entertainment, Inc, - Virginia Beach Fishing Pier 4, CITY PROPERTY LEASE FRANCHISES a, Pilot Program (May 1 - September 30, 2004) (1) Giovanni's Inc., tJa Giovanni's Restaurant, 2006 Atlantic Avenue (2) Ocean Fries, Inc., tJa Keifer's Bar & Grill, 2218 Atlantic Avenue Connector and Street Park Cafés (1) Tradewinds, LC and Rockfish Sea Grill, LLC" tJa Rockfish Boardwalk and Sea Grill 1601 Atlantic Avenue 21 Fun, LLC tJa Sharx Café, 211 21st Street b, (2) 5, TOWING FEE INCREASE 6, RURAL AREA UTILITIES CONSENT AGENDA h, AMEND the funding sources for the Agriculture Reserve Program (ARP) by lowering the amount of real estate tax revenue 1. AMEND § 35-67.1 of the City Code to eliminate the imposition ofinterest on deferred real estate taxes j, AMEND §3l-l5 of the City Code re provision of automated refuse receptacles k, AMEND §31-35 ofthe City Code establishing a Thirty Dollar ($30) fee re yard waste containers L AMEND §33-l13 of the City Code re encroachments by increasing the application fee m, AMEND §5-l4 of the City Code re the disposition of unclaimed animals by REVISING the fee schedule and REQUIRING spaying or neutering prior to adoption n, AMEND §5-14 of the City Code re disposition of dead animals 0, AMEND § 3, Appendix C, Site Plan Ordinance, re adoption of fees for single- family residential site plan review, site plan revisions and other site plan review p, AMEND § 8,1, Appendix B, Subdivision Regulations re fees for construction plans, final subdivision plats, plat revisions and subdivisions plats that do !!!!! create additional lots q, AMEND § 6-152,5 of Chapter 6 of the City Code re fees for permits for dredging or filIing waters, marshlands and lowlands r. AMEND §§ 1403 and 1603 of the City Zoning Ordinance (CZO) re application fees and a fee for deferral of an application s, AMEND and REORDAIN §§ 8-31 and 8-32 of Chapter 8 of the City Code re fees for administration, stopwork orders, reviews of commercial plans and residential water and sewer connections t. AMEND and REORDAIN § 30-61 of Chapter 30 of the City Code re fees for erosion and sediment control permits, plan review and inspections and review of easement or dedication plats u, AMEND and REORDAIN § 110 of Chapter 33 of the City Code re permit fees for work on, over, under or affecting streets and the review of easement or dedication plats v, AMEND the Chesapeake Bay Preservation Area ordinance re the fee for administrative and Board variances J, FY 2004-2005 RESOURCE MANAGEMENT PLAN and CAPITAL BUDGET Note: These Ordinances re the FY 2004-2005 Operating and Capital Budgets are submittedfor PUBLIC NOTICE, but subject to amendments which may result from the City Council's Reconciliation on May 6, 2004, (after the printing of this Agenda) L Ordinances re the 2005-2005 Capital Improvement Program (CIP): a, FY 2005/FY 2010 Capital Improvement Program (CIP) and APPROPRIATE $177,305,866 for the FY 2005 Capital Budget subject to funds being provided from various sources set forth therein b, AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of $61,000,000 for various public facilities and general improvements c, AUTHORIZE issuance of Stonn Water Utility System Revenue Bonds in the maximum amount of$510,000 d, AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the maximum amount of$9,215,000 2, Ordinances re FY 2004-2005 Operating Budget: a, APPROPRIATIATE for the fiscal year, beginning July 1, 2004 and ending June 30, 2005, the sum of$1,399,227,960 for Operations and $505,583,901 in Interfund Transfers regulating the payment of money out of the City Treasury, as Amended b. ESTABLISH the Tax Levy on real estate for FY 2005 c. ESTABLISH the Tax Levy on personal property and machinery and tools for the calendar year 2005 d. AUTHORIZE the City Manager to submit an Annual Funding Plan to the U, S, Department of Housing and Urban Development (HUD) e, AMEND §§ 35964 and 3567 of the City Code re the exemption or deferral of real estate taxes for elderly or disabled persons by increasing income and net worth limits f, AMEND §35-159 ofthe City Code re lodging tax by extending the sunset provisions to maintain the tax at its current amount g, REVISE the City's fund balance policy K. 0 RD INAN CES/RESO L UTI 0 N 1. Ordinance to AMEND and REORDAIN the City Code: a, b, c, § 17-3 Library Board revision of membership § 21-317 Maximum speed limits §§ 21-426 and 24-429 Towing vehicles fì:om private property Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement and the issuance of it's contract obligations in the maximum amount of $116,154 (property of Dianna Conte and Patricia Ange on Baum Road). 2, 3, Ordinances to AUTHORIZE the acquisition of properties and authorize the City Manager to execute the appropriate documents: b, 4, 5. a, Princess Anne Road for Tidewater Community College expansion $3,750,000 537 S. Rosernont Road for Housing and Neighborhood Preservation fì:om South Hampton Roads Habitat for Humanity Inc, $36,685 Ordinances to DESIGNATE nonprofit organizations as exempt from local real and personal property taxation: a, HAMPTON ROADS YOUTH HOCKEY ASSOCIATION, INc. established as a benevolent organization to provide organized amateur hockey b, HAMPTON ROADS JUNIOR GOLF FOUNDATION established as a benevolent organization to provide a program and, make golf more accessible to all persons, particularly children c, P ARADOCKS, INc., chartered "to provide charitable services for the disadvantaged and mobility-impaired Ordinances to AUTHORIZE temporary encroachments: a, International Parkway and Central Drive right-of-way by STIHL INCORPORATED to construct and maintain a conduit for computer cables to provide a network between an existing building and a new building under construction in Ocean a West Industrial Park (BEACH - DISTRlCT6) b, City's 20'uti1ity and drainage easement re a new two story fì:ame dwelling on pilings at 814 Close Avenue by DAVID IRVIN and AMANDA ANSELL (BEACH - DISTRICT6) c, Lake Wesley by JOSEPH M, and LORI ANNE HANLEY to modify and maintain an existing fixed pier, floating pier, boat lift and mooring piles at 541 Virginia Dare Drive in Croatan Beach (BEACH - DISTRICT6) 6. 7. 8, 9, Ordinances to AUTHORIZE franchises: a, ENTERTAINMENT, INC, for the use of City property at the Oceanfront and 15th Street re the Virginia Beach Fishing Pier b, TRADE WINDS, LC and ROCKFISH SEA GRILL, L.L.C. tJa ROCKFISH BOARDW ALKBAR and SEA GRILL connector park café at 1601 Atlantic Avenue, and 21 FUN L.L.C. tJa SHARX cAFÉ to operate a side street café' at 211 21 st Street from May 1, 2004, to April 30, 2005 c, GIOVANNI'S INC" tJa GIOVANNI'S RESTAURANT at 2006 Atlantic Avenue, and OCEAN FIRlES, INC., tJa KEIFER'S BAR & GRILL open air café at 2218 Atlantic Avenue from May 1, 2004 to September 30, 2004 Ordinance to APPROPRIATE $80,000 from the General Fund Balance to provide an interest-free loan to the Plaza Volunteer Rescue Squad re a new ambulance, Ordinance to APPROPRIATE $70,000 from the fund balance of the Oyster Heritage Trust fund to Planning's FY 2003-2004 operating budget to develop a plan for restoring oysters in the Lynnhaven Watershed, Ordinance to TRANSFER $130,000 from the General Fund Reserve for contingencies to the Planning's FY 2003-2004 operating budget re development of an urban design element for the Historic Kempsville Plan, 10. Resolution re the annual ISSUANCE and SALE of $65,000,000 General Obligation Public Improvement Bonds, Series 2004A, 11. Resolution ESTABLISHING a Task Force to study the implementation of a Biennial City Budget for fiscal planning purposes, (requested by Councilrnembers Ron Villanueva, Peter Schmidt and Jim Wood) 12. Resolution CONCURRING with issuance by the Norfolk Airport Authority of bank qualified Tax-Exempt Revenue Bonds not to exceed $7,500,000 for VIRGINIA WESLEYAN COLLEGE to construct and equip student housing at 1584 Wesleyan Drive. (BAYSIDE-DISTRlCT4) 13, Resolution to APPOINT Christianna R. Dougherty-Cunningham and Lucia G. Whitlow as Assistant City Attorneys. L. L 3. M, PLANNING Applications for Variances to § 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements ofthe City Zoning Ordinance (CZO): a, TIDEWATER CONVENIENCE, L.L.c., at 1689 Laskin Road (DISTRICT 5 - L YNNHA VEN) FLOYD E. WATERFIELD, JR. at 1680 Mill Landing Road, (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: b, APPROVAL 2, Application of MAL BON BROS. PETROLEUM, L.L.C. for Modification of Proffers re size and access on a Conditional Change of Zoning approved by City Council on July 5,2000, (Beach Builders, Inc,) on the north side of Culver Lane east of General Booth Boulevard (DISTRICT 7- PRINCESS ANNE) RECOMMENDATION: APPROVAL Application of OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOC., INc. for a Modification of Conditions to add boatlifts applicable to a Conditional Use Permit for a community pier approved by City Council on November 28,2000, and allow installation of up to seventy-five (75) boat lifts at 3665 Sandpiper Road, (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROVAL APPOINTMENTS BOARD OF BUILDING CODE APPEALS- (a) PlurnbinglMechanical (b) Building Maintenance HEALTH SERVICES ADVISORY BOARD OPEN SPACE ADVISORY COMMITTEE PUBLIC LffiRARY BOARD TOWING ADVISORY BOARD M, UNFINISHED BUSINESS 0, NEW BUSINESS p, ADJOURNAMENT *************** 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) .............. Agenda OS/111041sb www,vbgov.com 1. COUNCIL LIASION REPORTS II, CITY COUNCIL COMMENTS ill. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room 2:30 P,M, - Conference Room 3:30 P,M, A. CALL TO ORDER - Mayor Meyera E, Oberndorf B. ROLL CALL OF CITY COUNCIL c. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber 6:00 P,M, A. CALL TO ORDER - Mayor Meyera E, Oberndorf B. INVOCATION: Reverend Charles Moseley Oak Grove Baptist Church C, PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D, ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F, MINUTES 1. 2, 3, SPECIAL FORMAL SESSION SPECIAL FORMAL SESSION INFORMAL AND FORMAL SESSIONS April 15,2004 April 20, 2004 April 27, 2004 G, AGENDA FOR FORMAL SESSION iRtønlutinu CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affinnative vote recorded here and in accordance with the provisions of The Virginia Freedom of Inforrnation Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law, NOW, THEREFORE, BE IT 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. H. L 3, 4, 1. PUBLIC HEARINGS AGRICULTURE RESERVE PROGRAM (ARP) Baurn Road 2, PROPERTY TAX EXEMPTIONS a, Hampton Road Youth Hockey Association, Inc, b, Hampton Roads Junior Golf Foundation c. Paradocks, Inc, CITY PROPERTY FRANCHISE Entertainment, Inc, - Virginia Beach Fishing Pier CITY PROPERTY LEASE FRANCHISES a, Pilot Program (May 1 - September 30, 2004) (1) Giovanni's Inc" tJa Giovanni's Restaurant, 2006 Atlantic Avenue (2) Ocean Fries, Inc" tJa Keifer's Bar & Grin, 2218 Atlantic Avenue Connector and Street Park Cafés (1) Tradewinds, LC and Rockfish Sea Grill, LLC" tJa Rockfish Boardwalk and Sea Grill 1601 Atlantic Avenue 21 Fun, LLC tJa Sharx Café, 211 21st Street b, (2) 5, TOWING FEE INCREASE 6. RURAL AREA UTILITIES CONSENT AGENDA íHE BEAC;ON SUN[JAY,1\PI:UL 25, 2004 NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF INSTALLMENT PURCHASE AGREEMENTS FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA Notice Is hereby given that the City Council of the City of Virginia Beach, Virginia, wili hold a Public HearIng with respect to the execu- tion and deiivery of Installment Purchase Agreements for the acquisi- tion of agricu~uralland preservation easements with respect to land located on Baum Road, In the C~y of Virginia Beach, Virginia, pursuant to Ordinance No. 95-2319, known as the Agricultural Lands Preserva- tion Ordinance, which establishes an agricultural reserve program for the southem portion of the City designated to (a) promote and encour- age tlW preservation of farmland, (b) presen¡e' open spaces and the area's rural character, (c) conserve and protect environmentally sens> tlve resources, (d) reduce and defer the need for mOljor infrastructure improvements and the expenditure of public funds for such improve- ments, and (e) assist in shaping the chatacter, direction and timing of community development. Such easements will be purchased pursu- ent to Installment Purchase Agreements for an estimated maximum purchase price of $116,154. The City's obligation to pey the pur- chase price under the Installment Purchase Agreements is a general obligation of the City, and the full faith and credit and the unlimited taxing power of the City wili be irrevocably pledged to the punctual parment of the purchase price and the interest on the unpaid princ> pa balance of the purchase price as and when the same respectively become due and payable. The Public Hearing, which may be contin- ued or adjoumed, will be held by the City Council on ~'ay 11, 2004, at 6:00 p.m. In the C~y Council Chambers iocated on the 2nd ftoor of the City Hall Buiiding, 2401 Courthouse Drive, Virginia Beach, Virginia. Any person interested in this matter may appear and be heard. a~4. / d .;.-- CiTY OF ViRGINIA BEACH, VIRGINIA Ruth Hodges Smith, MMC City Clerk Beacon: Aprii 25, 2004 and May 2, 2004 11357426 SUNDAY, MAY 2, 2004 NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF INSTALLMENTPURCHASE AGREEMENTS FOR THE ACQUISmON OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach, Vilginia, will hold a Public Hearing with respect to the execu- tion and delivery of Installment Purchase Agreements for the acquisi- tion of agricultural iand preservation easements with respect to land iocated on'ßaum Road, in the City of Virginia Beach, Virginia, pursuant to Ordinance No. 95-2319, known as the Agricultural Lands Preserva- tion Ordinance, which establishes an agricultural reserve program for the southem portion of the City designated to (a) promote and encour- age the preservation of farmland, (b) preserve open spaces andthe area's rural character, (c) conserve and protect environmentally sens> tive resources, (d) reduce and defer the .need for major infrastructure improvements and the exp\:nditure of public .funds for such improve- ments, and (e) assist in shaping the character, direction and timing of community development Such eàsements will be purchased pursu- ant to Installment Purchase Agreements for an estimated maximum purchase price of $116,154. The City's obligation to pay the pur- chase. price under the Installment Purchase Agreements is a general obligation of the City, and the full faith and credit and the unlimited taxing power of the City will be irrevocably pledged to the punctual payment of the purchase price and the interest on the unpaid prine> pal belance of the purchase price as and when the same respectively become due and payable, The Public Hearing, which may be contin- ued or adjourned, wiil be held by the City Council on May 11, 2004, at 6:00 p,m. in the City Councii Chambers located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia. Any person interested in this matter may appear and be heard, rj "';4../ d -- CITY OF VIRGINIA BEACH, VIRGINIA Ruth Hodges Smith, MMC City Clerk Beacon: April 25, 2004 and May 2, 2004 11357426 THE BEACON SUNDAY, MAY 2, 2004 NOTICE OF PUBUC HEARING Requested exemptions from. 10..1 reel and personal plOparty taxation: Hampon RoadS Youth Hockey Association, Inc.; The Ham)ltðn Roads Junior 0011 Foundation: and Paradocks. Inc, On Tuesday, May 11, 2004, at 6:00 p,m. the Virginia Beach City Council will hold a public hearing on the following requested exemp- tions from local property taxes in the Council Chamber of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia, 1. Hampton Road Youth Hockey Association, Inc. owns tangibie per- sonal property located in the City of Virginia Beach with an assessed value of $199,500; the taxes are $2952,60 in tax year 2004, Hamp- ton Roads Youth Hockey Association, Inc.. owns real property located in the City of Virginia Beach with an assessed value of $999,212 in tax year 2003-04: taxas on this property in 2003-04 are $12,190,40. 2. The Hampton Roads Junior Golf Foundation owns tanglbie per- sonal property located in the City of Virginia Beach with an assessed value of $68,263,69; the taxes on this property are $1010,30 in tax year 2004. The Hampton Roads Junior Golf Foundation owns no real property located in the City of Virginia 8each, 3, Paradocks, Inc.owns no real or tangible personal property located in the City of Virginia Beach, A copy of the proposed ordinances to implement the requested exemptions is on file in the office of the City Clerk. All interested per- sons are welcome to appear at the hearing and present their views on this proposed exemption, If you are physically disabled, or hearing or visually impaired, and you need assistance at this meeting, please call 4274305 Voice/TDD. Beacon May 2, 2004 ~ ¿;;:;- Ruth Hodges Smith, MMC City Clerk 11399036 THE BEACON SUNDAY, MAY 2, 2004 PUBUC HEARING FRANCHISE TO USE CITY PROPERTY The VIrginia Beach CIty Council will hold a PUBLIC HEARING on Tues- day, May 11, 2004, at 6:00 P.M" in the Council Chamber of the City Hall Building, 2401 Cout!hòuse Drive, Virginia.Beach, VIrginia, regard- ing a proposed franchise agreement w~h Entertainment, Inc, for the Virginia Beach Fishing Pier located at the Oceanfront and 15th Street. The purpose of this hearing will be to obtain public comment on this proposed franchise to use City property, Any questions conceming this matter should be directed to Mike Eason, Resort Coordinator, Vir. ginia Beach Convention and VIsitors Bureau, by caliing (757) 4'374800. If you are physically disabled or visually impaired and need assi.. I8nce at this meeting, please call the CITY CLERK'S OFFICE at 427 . 4303; Hearing impaired, call roo only 427 . 4305 (TOO. Telephone Device for the'Deaf), Beacon May 2, 2004 (j-.4, / ¿¡-- Ruth Hodges Smith, MMC City Cierk 11414989 THE BEACON SUNDAY, MAY 2, 2004 PUBLlC.NonCE LEASES OF CITY PROPERTY The Virginia Beach City. Council'winhOld a PUBlIC HEARING at 6:00 p.m. on Tuesday, May 11, 2004, in Council Chamber of the City Hall Building, 2401, Courthouse Drive, Virginia Beach, Virginia, regarding the pruposed café franchise lease agreement of City-owned property to the entities listed below: Pilot ProlUam Franchises IMav 1 2004. Seotember 30 2004\: 1. Giovanni's Inc.. Va Giovanni's Restaurant (2006 Atlantic Avenue) 2, Ocean Fries, Inc., Va Ke~er's Bar & Grill (2218 Atlantic Avenue) Café franchises' 1. Tradewinds, LC and Rockfish Sea Grill, L,LC, Va Rockfish Boardwalk Bar and Sea Grill, (1601 Atlantic Avenue), connector park 2, 21 Fun , LLC Va Sharx (211 21st Street), Atlantic Menue side street cafe The purpose of this hearing will be to obtain public comment on these proposed leases of City property. Any questions conceming the above-referenced franchises should be directed to Mike Eason, Resort Coordinator, Virginia Beach Convention and Visitors Bureau, by calling (757) 437.4800, 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 1OD only 427 .430S (TDD . Telephone Device for the Deaf), Beacon May 2, 2004 If -=4-/ ¿;;::- Ruth Hodges Smith, MMC City Clerk 11414879 THE BEACON SUNDAY, MAY 2, 2004 NOTICE OF FEE IN'CREASES On Moy 11, 2004, at 6:00 P,M.. the Virginia Beach City Council will hold 0 PUBUC HEARING in the Council Chamber of the City Holl Build- ing, 2401 Courthouse. Drive, Virginia Beach, VIrginia, regarding a pro- posed ordinance entitled: Ordinance to Amend the City Towing Ordinance, Pertaining to the Tow- ing fees. The proposed ordinance wouid amend and reordain Sec- tions 21426 and 21429 of the City Towing Ordinance to change the !2:!ii!Jg fee from $75 to $B5 f2¡ . less than 11,000 pounds, and to change the wei hin less than 11000 pounds from $ first 24 hours, The ordinance also requires tow truck operators to offer a survey/com- ment form with the receipt for monies collected, and requires a notice on the receipt alerting the vehicle owner to this requirement. The authority for establishment of such fees is contained in Virginia Code Section 46.2-1233. if you are physically disabled, or hearing or'visually impaired or need assistance, piease call 4274305 voice/TOD. r;.-~ ,.d- Ruth Hodges Smith, MMC City Clerk 11414952 Beacon May 2, 2004 J, FY 2004-2005 RESOURCE MANAGEMENT PLAN and CAPITAL BUDGET Note: These Ordinances re the FY 2004-2005 Operating and Capital Budgets are submitted for PUBLIC NOTICE, but subject to amendments which may result from the City Council's Reconciliation on May 6, 2004, (after the printing of this Agenda) 1. Ordinances re the 2005-2005 Capital Improvement Program (CIP): a, FY 2005/FY 2010 Capital Improvement Program (CIP) and APPROPRIATE $177,305,866 for the FY 2005 Capital Budget subject to funds being provided from various sources set forth therein b. AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of$61,000,000 for various public facilities and general improvements c. AUTHORIZE issuance of Storm Water Utility System Revenue Bonds in the maximum amount of$510,OOO d, AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the maximum amount of$9,215,00O 2, Ordinances re FY 2004-2005 Operating Budget: a, APPROPRlATIATE for the fiscal year, beginning July 1, 2004 and ending June 30, 2005, the sum of$1,399,227,960 for Operations and $505,583,901 in Interfund Transfers regulating the payment of money out of the City Treasury, as Amended b, ESTABLISH the Tax Levy on real estate for FY 2005 c. ESTABLISH the Tax Levy on personal property and machinery and tools for the calendar year 2005 d, AUTHORIZE the City Manager to submit an Annual Funding Plan to the U, S, Department of Housing and Urban Development (HUD) e, AMEND §§ 35964 and 3567 ofthe City Code re the exemption or deferral of real estate taxes for elderly or disabled persons by increasing income and net worth limits f, AMEND §35-159 of the City Code re lodging tax by extending the sunset provisions to maintain the tax at its current amount g, REVISE the City's fund balance policy h, AMEND the funding sources for the Agriculture Reserve Program (ARP) by lowering the amount ofreal estate tax revenue i. AMEND § 35-67.1 of the City Code to eliminate the imposition of interest on deferred real estate taxes J. AMEND §31-15 of the City Code re provision of automated refuse receptacles k. AMEND §31-35 of the City Code establishing a Thirty Dollar ($30) fee re yard waste containers L AMEND §33-113 of the City Code re encroachments by increasing the application fee ID, AMEND §5-14 of the City Code re the disposition of unclaimed animals by REVISING the fee schedule and REQUIRING spaying or neutering prior to adoption n. AMEND §5-14 of the City Code re disposition of dead animals 0, AMEND § 3, Appendix C, Site Plan Ordinance, re adoption offees for single- family residential site plan review, site plan revisions and other site plan review p, AMEND § 8,1, Appendix B, Subdivision Regulations re fees for construction plans, final subdivision plats, plat revisions and subdivisions plats that do not create additional lots q, AMEND § 6-152,5 of Chapter 6 of the City Code re fees for permits for dredging or filling waters, marshlands and lowlands r. AMEND §§ 1403 and 1603 of the City Zoning Ordinance (CZO) re application fees and a fee for deferral of an application s. AMEND and REORDAIN §§ 8-31 and 8-32 of Chapter 8 of the City Code re fees for administration, stopwork orders, reviews of commercial plans and residential water and sewer connections t AMEND and REORDAIN § 30-61 of Chapter 30 of the City Code re fees for erosion and sediment control permits, plan review and inspections and review of easement or dedication plats u, AMEND and REORDAIN § 110 of Chapter 33 of the City Code re permit fees for work on, over, under or affecting streets and the review of easement or dedication plats v, AMEND the Chesapeake Bay Preservation Area ordinance re the fee for administrative and Board variances K. 0 RD IN AN CES/RESO L UTI 0 NS 1. Ordinance to AMEND and REORDAIN the City Code: a, b, c, § 17-3 Library Board revision of membership § 21-317 Maximum speed limits §§ 21-426 and 24-429 Towing vehicles from private property Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement and the issuance of it's contract obligations in the maximum amount of $116,154 (property of Dianna Conte and Patricia Ange on Baum Road). 2, 3, Ordinances to AUTHORIZE the acquisition of properties and authorize the City Manager to execute the appropriate documents: a, b, 4. 5. Princess Anne Road for Tidewater Community College expansion $3,750,000 537 S, Rosemont Road for Housing and Neighborhood Preservation from South Hampton Roads Habitat for Humanity Inc, $36,685 Ordinances to DESIGNATE nonprofit organizations as exempt from local real and personal property taxation: a, HAMPTON ROADS YOUTH HOCKEY ASSOCIATION, INc. established as a benevolent organization to provide organized amateur hockey b, HAMPTON ROADS JUNIOR GOLF FOUNDATION established as a benevolent organization to provide a program and, make golf more accessible to all persons, particularly children c. P ARADOCKS, INC., chartered "to provide charitable services for the disadvantaged and mobility-impaired Ordinances to AUTHORIZE temporary encroaclunents: a, International Parkway and Central Drive right-of-way by STIHL INCORPORATED to construct and maintain a conduit for computer cables to provide a network between an existing building and a new building under construction in Oceana West Industrial Park (BEACH - DISTRICT6) b. City's 20'uti1ity and drainage easement re a new two story frame dwelling on pilings at 814 Close Avenue by DAVID IRVIN and AMANDA ANSELL (BEACH - DISTRICT6) c. Lake Wesley by JOSEPH M, and LORI ANNE HANLEY to modifY and 6. 7, 8. 9, maintain an existing fIXed pier, floating pier, boat lift and mooring piles at 541 Virginia Dare Drive in Croatan Beach (BEACH - DISTRICT6) Ordinances to AUTHORIZE franchises: a, ENTERTAINMENT, INc. for the use of City property at the Oceanfront and 15th Street re the Virginia Beach Fishing Pier b, TRADEWINDS, LC and ROCKFISH SEA GRILL, L.L.C. tJa ROCKFISH BOARDW ALKBAR and SEA GRILL connector park café at 1601 Atlantic Avenue, and 21 FUN L.L.c. tJa SHARX cAFÉ to operate a side street café' at 211 21 st Street from May 1, 2004, to April 30, 2005 c, GIOVANNI'S INC" tJa GIOVANNI'S RESTAURANT at 2006 Atlantic Avenue, and OCEAN FIRlES, INC., tJa KEIFER'S BAR & GRILL open air café at 2218 Atlantic Avenue from May 1, 2004 to September 30, 2004 Ordinance to APPROPRIATE $80,000 from the General Fund Balance to provide an interest-free loan to the Plaza Volunteer Rescue Squad re a new ambulance. Ordinance to APPROPRIATE $70,000 from the fund balance of the Oyster Heritage Trust fund to Planning's FY 2003-2004 operating budget to develop a plan for restoring oysters in the Lynnhaven Watershed, Ordinance to TRANSFER $130,000 from the General Fund Reserve for contingencies to the Planning's FY 2003-2004 operating budget re development of an urban design element for the Historic Kempsville Plan, 10, Resolution re the annual ISSUANCE and SALE of$65,000,000 General Obligation Public Improvement Bonds, Series 2004A. 11. Resolution EST ABLISIDNG a Task Force to study the implementation of a Biennial City Budget for fiscal planning purposes, (requested by Councilmembers Ron Villanueva, Peter Schmidt and Jim Wood) 12. Resolution CONCURRING with issuance by the Norfolk Airport Authority of bank qualified Tax-Exempt Revenue Bonds not to exceed $7,500,000 for VIRGINIA WESLEYAN COLLEGE to construct and equip student housing at 1584 Wesleyan Drive. (BA YSIDE - DISTRICT 4) 13, Resolution to APPOINT Christianna R. Dougherty-Cunningham and Lucia G. Whitlow as Assistant City Attorneys, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: The FY 2004-05 Capital Improvement Program and Related Ordinances MEETING DATE: May 11,2004 . Background: On March 30, 2004 the City of Virginia Beach FY 2004-05 Proposed Resource Management Plan, which includes both the Operating Budget and Capital Improvement Program, was presented to City CounciL City Council Workshops were held on April13, 15,20,27 and May 6th to provide information to the City CounciL On April 15 and 20th, public hearings were held to provide the public the opportunity to comment on the proposed Resource Management Plan, Ordinances were updated to reflect City Council's direction at the May 6,2004 reconciliation workshop, . Considerations: The following ordinances are provided for the Council's consideration and approval to implement the FY 2004-05 Capital Improvement Program, and unless otherwise noted, require affirmative vote by the majority of the members of City CounciL 1. An Ordinance to Adopt the FY 2005IFY 2010 Capital Improvement Program and to Appropriate $177,305,866 for the FY 2005 Capital Budget Subject to Funds being Provided from Various Sources Set Forth Herein 2, An Ordinance Authorizing the Issuance of General Obligation Public Improvement Bonds of the City of Virginia Beach, Virginia, in the Maximum Amount of $61,000,000 for Various Public Facilities and General Improvements 3, An Ordinance Authorizing Issuance of Storm Water Utility System Revenue Bonds of the City of Virginia Beach, Virginia, in the Maximum Amount of$510,000 4, An Ordinance Authorizing Issuance of Water and Sewer System Revenue Bonds of the City of Virginia Beach, Virginia, in the Maximum Amount of$9,215,000 . Public Information: Information will be disseminated to the public through the normal Council agenda process involving the advertisement of City Council agenda and public hearings, pursuant to local and state code requirements, . Alternatives: No alternatives are available to implement the FY 2004-05 Capital Improvement Program. . Recommendations: Subject to change by Council at Reconciliation, it is recommended that the attached ordinances implementing the FY 2004-05 Capital Improvement Program be approved, . Attachments: FY 2004-05 Capital Improvement Program Ordinances Recommended Action: Approval of Ordinances .' Submitting Department! Agency: Management servic{:~~ ,---- aty M~"'~ ¥-,~ ,./ 1 2 3 4 5 AN ORDINANCE TO ADOPT THE FY 2005/FY 2010 CAPITAL IMPROVEMENT PROGRAM AND TO APPROPRIATE $177,305,866 FOR THE FY 2005 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED FROM VARIOUS SOURCES SET FORTH HEREIN 6 WHEREAS, the City Manager, on March 30, 2004, presented to City Council the Capital Improvement Program for fiscal years 2005 through 2010: 7 8 WHEREAS, City Council held public hearings on the program to provide for public comment; 9 WHEREAS, based on public comment, City Council has determined the need for certain projects in the 10 Capital Improvement Program; and 11 WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in the 12 2005 fiscal year, as set forth in said Capital Improvement Program. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 14 15 Section 1, That the Capital Improvement Program, as modified, for the construction of, or addition to, 16 capital facilities identified for fiscal years 2005 through 2010 is hereby adopted, and the projects listed therein are 17 hereby approved as capital projects. 18 Section 2, That the projects shall be financed from funds to be appropriated periodically by City Council, 19 and until funds are so provided, the projects are for planning purposes only and may be deleted, altered, or 20 rescheduied in any manner at any time by City Council. 21 Section 3, That funds in the amounts aggregating $177,305,866 for capital projects in the Capital Budget 22 for the 2005 fiscal year, as set forth in said Capitai Improvement Program, are hereby appropriated, by project 23 and subject to the conditions set forth herein. The amount of funding for individual projects is set forth in 24 "Attachment A - Capital Budget Appropriations," a copy of which is attached hereto. 25 Section 4. That in accordance with Section 2-196 of the City Code, financing sources in support of the 26 Capital Budget for the 2005 fiscal year as set forth in said Capital Improvement Program are attached to this 27 ordinance as "Attachment B - Financing Sources." 28 Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in accordance 29 with said Capital Improvement Program and reallocated as identified in "Attachment C - Transfers," a copy of 30 which is attached hereto, 31 Section 6. That additional appropriations and the addition of capital projects shall not be initiated except 32 with the consent and approval of the City Council first being obtained, and an appropriation for a project in the 33 Capital Improvement Program shall continue in force until the purpose for which it was made has been 34 accomplished or abandoned. 35 Section 7. That all contracts awarded for approved and appropriated capital projects, exclusive of school 36 projects, must be certified as to the availability of funds by the Director of Finance prior to the initiation of work on 37 the contract. 38 Section 8, That subject to any applicable restriction of law or of any bonds or bond issue, the City 39 Manager or the Director of Management Services is authorized to approve transfers of appropriations in an 40 amount up to $100,000 between capital projects "'ilRiR a ¡¡rajest slas6 as may best meet the needs of the City. 41 The City Manager shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. 42 The City Manager or the Director of Management Services is hereby authorized to establish and administer the 43 budgeting of capital projects consistent with best management practices, reporting requirements and the Capital 44 Improvement Program adopted by the City Council. 45 Section 9. That the City Manager or the Director of Management Services is hereby authorized to 46 change, subject to any applicable restriction of law or of any bonds or bond issue, the financing sources for the 47 various capital projects included in this ordinance to reflect effective utilization of the financing sources. If the 48 financing sources in support of capital projects decline, the City Manager or the Director of Management Services 49 is authorized to reduce, subject to any applicable restriction of law or of any bonds or bond issue, those 50 appropriations to equal the changed financing source, The City Manager must give prior notice to the City 51 Council of any reductions to total appropriations exceeding $100,000. The notice to City Council shall identify the 52 basis and amount of the appropriation reduction and the capital projects affected. The accounting records of the 53 City will be maintained in a manner where the total of financing sources is equal to the total appropriations for 54 each of the City's capital projects funds. 55 Section 10. That the Capital Improvement Program debt management policies contained and inciuded in 56 the Resource Management Plan - Executive Summary document shall be the policy guidelines of the City, and 57 the City Manager shall annually report on the status of those guidelines and the projected impact of the proposed 58 Capital Improvement Program on those guidelines, such information to be included in the Resource Management 59 60 61 62 63 64 65 66 67 68 69 70 Plan submittal. The City Manager may propose modifications to those policies and guidelines through the Resource Management Plan. Section 11. That violation of this ordinance shall result in the City Manager taking disciplinary action against the person or persons responsible for the capital project in which the violation occurred. Section 12, That if any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 13, That this ordinance shall be in effect from the date of its adoption: however, appropriations for the FY 2005 Capital Budget shall be effective on July 1, 2004. Comment: The provision in Section 8 authorizing transfers between capital projects is amended to delete the requirement that transfers be limited to capital projects in the same project class, 71 Adopted by the City Council of the City of Virginia Beach, Virginia on this 11th day of May, 2004. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: })no^)Q,~ Management Services ~s~,(j. City Attorney's Office CA-9205 R-1 April 2, 2004 Project Number Attachment A - Capital Budget Appropriations Projects Appropriations FY 2004-05 9.016 9.019 9.027 9.034 9.038 9.141 9.260 9.280 9.302 3.021 3.033 3.185 3.230 3.281 2.007 2.018 2.021 2.025 2.031 2.039 2.048 2.052 2.065 2.067 2.072 2.073 2.076 Economic Vitalitv Town Center InfrastructUre BeachStreet USA - Phase I 31 st Street Parking Garage Neighborhood Revitalization Strategy Plan Economic Development Infrastructure Projects Economic Deveiopment Investment Program (On-Going) Economic and Tourism Deveiopment Partnerships Economic and Tourism Deveiopment Studies Rudee Loop Deveiopment - Phase I (Partial) Total Economic and Tourism Development Projects: Safe Communitv Fire and Rescue Station - Thalia Fire Facility Rehabilitation and Renewal Fire Apparatus Police Fourth Precinct - Expansion and Renovation Study CIT - Communication Infrastructure Replacement Qualitv Phvsical Environment Shipp's Corner Road Bridge Replacement Major Intersection Improvements Rural Road Improvements Witchduck Road - Phase II (Partial) (VDOT) Street Reconstruction Computerized Traffic Signal System Upgrade/Repl. (Partial) Princess Anne Rd./Kempsvilie Rd, Intersection Impr. (V DOT) Traffic Signal Rehabilitation Elbow Road Extended - Phase II-A Sandbridge Road Safety Improvements First Colonial RdNa, Beach Blvd. Intersection Imp. Buckner Road Extended Laskin Road Gateway Fiscal Year 2004-05 1-1 Total Buildings Projects: 2,100,000 1,000,000 4,733,318 100,000 1,083,524 2,407,830 300,000 150,000 1,850,000 $13,724,672 950,000 312,000 2,930,000 100,000 4,000,000 $8,292,000 74,000 265,000 225,000 77,000 150,000 3,944,000 6,124,000 250,000 964,200 1,965,000 691,131 100,000 1,713,853 Ordinances Project Number 2.083 2.089 2.107 2.115 2.121 2.149 2.152 2.156 2.157 2.158 2.165 2.167 2.172 2.179 2.186 2.195 2.238 2.256 2.257 2.263 2.268 2.284 2,285 2.305 2.837 2.931 3.038 3.100 5.001 5.002 5.006 5.016 5.017 5.072 Attachment A - Capital Budget Appropriations Projects Diamond Springs Road Bridge Replacement Southeastern Parkway & Greenbelt (Partial) Seaboard Road Shore Drive Intersections - Demonstration Project Nimmo Parkway-Phase V-A (VDOT) Birdneck Road - Phase II (VDOT) Elbow Road Extended - Phase II (V DOT) Laskin Road - Phase I (VDOT) Lynnhaven Parkway - Phase IX (VDOT) Holiand Road - Phase VI (VDOT) Laskin Road - Phase II (VDOT) Lynnhaven Parkway - Phase XI (VDOT) LED Traffic Signal Upgrade Access Road for Elementary School 2005 Norfolk Southern Right-of-Way Survey Princess Anne Road Phase VII Pembroke Area Comprehensive Transportation Plan Indian River Rd - Ph VII (V DOT) Partial Lynnhaven ParkwayNolvo Parkway (VDOT) Major Bridge Rehabilitation (Partial) Wetlands Mitigation Banking Pavement Maintenance Program Traffic Safety Improvements - Phase II Princess Anne Road- Phase IV (Ferrell - Phase II) (V DOT) Various Cost Participation Projects Witchduck Road - Phase I (Partial) ( VDOT) Various Buildings Rehabilitation and Renewal Various Buildings HVAC Rehabilitation and Renewal Comprehensive Emergency Response & Pianning - Phase I Nimmo Pkwy Water Improvements Water Appurtenances Evaluation & Improvements System Expansion Cost Participation Agreements Public Utilities Public Access Renovations - Building #2 Maxey Manor Water Improvements- 51% Program Fiscal Year 2004-05 1 - 2 Total Roadways Projects: Total Buildings Projects: Appropriations FY 2004-05 300,000 2,000,000 1,000,000 1,005,000 265,433 641,296 400,000 850,044 310,000 100,000 1,200,000 2,167,219 100,000 498,500 300,000 1,455,000 825,000 170.000 826,800 660,000 100,000 6,917,694 639,646 2,000,428 50,000 468,000 $41,793,244 5,178,518 1,245,518 $6,424,036 700,000 400,000 150,000 200,000 350,000 100,000 Ordinances Project Number 5.083 5.085 5.130 5,131 5.138 5.139 5.140 5.141 5.147 5.162 5.163 5.164 5.165 5.708 5.965 6.018 6.019 6.027 6.028 6.031 6.046 6.063 6.065 6.066 6.067 6.068 6.071 6.080 6.082 6.084 6.086 6.102 6.138 6.168 6.169 6.178 Attachment A - Capital Budget Appropriations Projects Stumpy Lake Water Reservoir & Pumping Facilities Improvement Lynnhaven Pump Station Modifications - Phase Ii Lynnhaven Pkwy Extended Water Improvements (VDOT) Water Tank Upgrade Program - Phase Ii Comprehensive Water Master Planning - Phase IV Smali Line Improvements - Phase IV Various Roadway/Storm Water Coordination - Phase IV Water Request and Agreements Phase IV - 51% Program Providence Road Water Improvements Backflow Prevention and Cross Connection Control Program Various Water Infrastructure Maintenance Support Program IVR/CTI, Bill Print, and Automated Payment Solution Design Shore Drive Water Line Improvements Resort Area Neighborhood Revitalization Water Resources Total Water Utility Projects: Sanitary Sewer Aging Infrastructure Program - Phase I Resort Area Neighborhood Revitalization Kenley Rd / Bonney Rd Sewer Improvements - 51 % Program Comprehensive Emergency Response & Planning - Phase I Sewer Appurtenances Evaluation & Improvements Computerized Mapping and Infrastructure Management Systems Central Business District System Upgrade Infiltration, Inflow, and Rehabilitation - Phase IV Pump Station Modifications - Phase IV Various Roadway/Stormwater Coordination - Phase IV Sewer Requests and Agreements - Phase IV (51 % Program) Comprehensive Sewer Master Planning - Phase iii West Neck Pkwy FM - Lake Ridge IFM Interconnect System Expansion Cost Participation Agreements - Phase I Maxey Manor Sewer Improvements - 51% Program Public Utilities Public Access Renovations - Building #2 Princess Anne Commons Sewer Improvements Landstown Yard Improvements - Phase iii Various Sanitary Sewer Infrastructure Maintenance Support IVR/CTI, Bill Print, and Automated Payment Solution Design Virginia Beach Middle School Water & Sewer Improvements Fiscal Year 2004-05 1 - 3 Appropriations FY 2004-05 550,000 280,000 30,000 140,000 150,000 200,000 105,000 100,000 350,000 100,000 200,000 200,000 100,000 1,000,000 345,000 $5,750,000 1,000,000 774,000 315,000 330,000 250,000 150,000 200,000 1,500,000 1,191,000 150,000 150,000 500,000 SO,OOO 600,000 500,000 350,000 1,200,000 40,000 200,000 200,000 1,810,000 Ordinances Project Number 6.938 7.004 7.005 7.010 7.013 7.016 7.027 7.063 7.067 7.091 7.145 7.152 7.153 7.183 8.002 8.004 8.005 8.007 8.008 8.282 8.830 3.041 3.275 3.283 3.322 4.004 Attachment A - Capital Budget Appropriations Projects Princess Anne Plaza Rehabilitation Total Sewer Utility Projects: Storm Water Infrastructure Rehabilitation North Lake Holly Watershed Elizabeth River Shores Cape Henry Dr,(Lynnhaven Colony)Drainage South Lake Holly Watershed SWM Master Planning, Analysis, and Inventory Neighborhood Storm Water Infrastructure Improvements Primary System Infrastructure Improvements Residential Drainage Cost Participation Program Arctic Avenue - Baltic Avenue Dam and Spillway Structural Improvements Lynnhaven Watershed Restoration Storm Water Quality Enhancements Total Storm Water Projects: Beach Profile Monitoring Program Various Minor Dredging Projects Western Branch Lynnhaven River Maintenance Dredging Rudee Inlet Outer Channel Maintenance Dredging Beach Replenishment Sandbridge Beach Restoration Rudee Inlet Federal Dredging Total Coastal Projects: Total Quality Physical Environment Projects: Cultural & Recreational Opportunities Virginia Marine Science Museum Elevated Pedestrian Crosswalk Virginia Marine Science Museum Renewal and Replacement Pavilion Theatre Replacement VMSM Original Exhibit Gallery Renovation Total Buildings Projects: Open Space Program Site Acquisition Fiscal Year 2004-05 1 - 4 Appropriations FY 2004-05 1,200,000 $12,660,000 100,000 1,141,616 423,925 300,000 728,600 41,633 1,122,255 1,171,502 100,000 182,384 100,000 500,000 834,610 $6,746,525 50,000 50,000 200,000 421,680 1,250,000 6,879,600 435,000 $9,286,280 $82,660,085 2,000,000 150,000 5,000,000 300,000 $7,450,000 1,000,000 Ordinances Project Number 4.009 4.010 4.019 4.027 4.032 4.033 4.035 4.040 4.042 4.936 4.949 4.950 4.954 4.955 4.959 4.970 1.001 1.006 1.017 1.018 1.020 1.072 1.074 1.075 1.082 1.083 1.084 1.090 1.201 1.225 1.227 1.228 1.229 Attachment A . Capital Budget Appropriations Projects Community Recreation Centers Repairs and Renovations Existing Trails Repairs New Princess Anne Athletic Fields Lynnhaven Marina Dredging and Repairs Parking Lot Improvements Municipal Skate Parks Natural Area Planning and Improvements Pendleton Parking Lot Expansion/Public Restroom Facilities Red Wing Lake Golf Course Improvements Rec Office and Storage Facility at School Sites DistricVCommunity Park Development & Renovations (On-Going) Neighborhood Park Development (On-Going) Tennis Court Renovations (On-Going) Athletic Fields Upgrading and Lighting Golf Course Infrastructure and Equipment (On-Going) Park Playgrounds Renovations Total Parks and Recreation Proiects: Total Cultural & Recreational Opportunities Projects: Qualitv Education and Lifelona Learnina Renovations and Replacements - Energy Management Various Schools Site Acquisition - Phase I High School Addition - Phase I Newtown Road Elementary School Modernization High School Addition - Phase 11 Comprehensive Modernization Study - Phase 111 Renovations and Replacements - Various Elementary School 2007 Alternative Education Facility-Phase I Renovations and Replacements - Reroofing Renovations and Replacements - HV AC Systems Elementary School 2005 Renovations and Replacements - Grounds Hermitage Elementary School Replacement Windsor Woods Elementary School Modernization Brookwood Elementary School Modernization Pembroke Meadows Elementary School Modernization Fiscal Year 2004-05 1 - 5 -'-------------'- Appropriations FY 2004-05 700,000 300,000 1,200,000 100,000 50,000 100,000 37,634 507,500 4,000,000 100,000 148,011 50,000 200,000 50,000 200,000 225,000 $8,968,145 $16,418,145 572,400 156,212 350,000 500,000 325,000 550,000 2,332,000 600,000 8,692,819 1,919,670 2,225,652 5,104,378 500,000 250,000 5,961,271 6,120,320 6,838,226 Ordinances Project Number 1,232 1,233 1.234 3.262 3.217 3.198 3.200 3.207 3.212 3.335 Attachment A - Capital Budget Appropriations Projects Tennis Court Renovations Old Donation Center Modernization Consolidated Virginia Beach Middle/Kemps Landing Magnet Tidewater Community College Expansion Total Schools Projects: Total Buildings Projects: Total Quality Education and Lifelong Learning Projects: FamilY and Youth ODDortunities CIT - Human Services CHent Information System QualilV Oraanization CIT - Electronic Ballot System - Study CIT - Revenue Assessment and Collection System CIT - Phase 2 Permits and Inspections Interactive Internet CIT - IT Network Infrastructure Replacement CIT - Electronic Ballot System - ADA Machines Fiscal Year 2004-05 1 - 6 Total Buiidings Projects: Total Buildings Projects: Total Capital Budget: Appropriations FY 2004-05 100,000 750,000 6,554,116 $50,402,064 1,000,000 $1,000,000 $51,402,064 1,200,000 $1,200,000 100,000 2,193,900 750,000 250,000 315,000 $3,608,900 $177,305,866 Ordinances Attachment B . Financing Sources Financing Sources Federal Contribution Fund Balance - General Fund Fund Balance - Other General Appropriations General Obligation Bonds Lease-Purchase Private Contribution Public Facility Revenue Bonds Retained Earnings - ¡n1ormation Technology Retained Earnings - Storm Water Retained Earnings - Water and Sewer State Contribution Storm Water Utility Bonds Storm Water Utility Fund Water and Sewer Bonds Water and Sewer Fund Total Financing Sources: Fiscal Year 2004-05 1-1 Capital Budget FY 2004-05 $1,315,000 $8,243,900 $9,179,600 $37,329,210 $64,550,000 $2,930,000 $156,212 $4,733,318 $250,000 $450,000 $5,695,000 $23,462,101 $510,000 $5,786,525 $9,215,000 $3,500,000 $177,305,866 Ordinances Projects Attachment C - Transfers Appropriations Prior to FY 2004-2005 Roadwav Proiects Transfer To: 2.256 2.076 Transfer From: 2.039 2.090 Storm Water Transfer To: 7.145 7.281 Transfer From: 7.001 7.018 7.020 7.025 7.027 7.113 7.114 7.115 7.181 7.960 Qualitv Phvsical Environment Indian River Road - Phase VII (VDOT) Laskin Road Gateway Total Transfer To: Computerized Traffic Signal System Upgrade/Repl. (Partial) Nimmo Parkway Phase I/West Neck Road Extended Total Transfer From: Arctic Avenue - Baltic Avenue Larkspur Drainage - Phases I and II Total Transfers To : Chesapeake Beach/Lake Chubb Lake James Various Dainage Improvements Upper West Neck Creek Improvements SWM Master Planning, Analysis and Inventory NPDES Storm System Permit Application Princess Anne Plaza Drainage - Phase II Rosemont Road - Windsor Woods Drainage Pocahontas Village Oceana Gardens West Drainage Total Transfers From: Water and Sewer Utilitv Proiects Transfer To: 5.001 5.006 5.016 5,083 5.092 5.118 5.129 5.130 5.140 6.030 Fiscal Year 2004-05 Comprehensive Emergency Response & Planning - Phase I Water Appurtenances Evaluation and Improvements System Expansion Cost Participation Agreements Stumpy Lake Water Reservoir & Pumping Facilities Improvement Landstown Yard Improvements - Phase III Computerized Mapping System Potable Wells Evaluation Program Lynnhaven Pkwy Extended Water Improvements (VDOT) Various Roadway/Stormwater Coordination - Phase IV Little Neck Point Sewer Improvements - 51 % Program 9 -11 $418,000 $670,000 $1,088,000 $418,000 $670,000 $1,088,000 $897,616 $300,000 $1,197,616 $36,093 $61,528 $64,784 $400,000 $3,477 $39,754 $230,141 $34,797 $27,042 $300,000 $1,197,616 $100,000 $100,000 $100,000 $115,000 $600,000 $210,000 $15,000 $175,000 $204,452 $1,185,000 Ordinances 6.046 6.066 6.067 6.138 Transfer From: 5.005 5.035 5.114 5.131 5.144 5.148 5.149 5.150 5.161 5.200 5.204 5.973 6.005 6.021 6.039 6.055 6.072 6.074 6.077 6.083 6.167 6.962 6.971 Transfer To: 4.959 4.006 Transfer From: 4.959 4.006 Transfer To: 1.084 1.227 Fiscal Year 2004-05 "------. Computerized Mapping System Pump Station Modifications - Phase IV (Partial) Various Roadway/Stormwater Coordination Phase III Landstown Yard Improvements - Phase IV Total Transfer To: North London Bridge Rd. Water Improvements (VOOT) Nimmo Parkway Water Improvements - Phases I, II, III London Bridge Road Water Improvements - Phase II (VOOT) Tank Upgrade Program - Phase II North End Water Main Replacement Elbow Road Extended Water Improvements - Phases I & II (VOOT) Indian River Road Water Improvements- Phase VII (VOOT) Underground Storage Tanks - Water Infrastructure Asset Management Program Salem Road "C" (VOOT) Salem Road Water Improvements - Phase II (VOOT) First Colonial Road Water Improvements - Phase III (VOOT) First Colonial RO - Phase III & Oceana Blvd Extension (VOOT) Salem Road C North Landing Road/West Neck Road Sewer Improvements Landstown Yard Improvements - Phase II Bow Creek Neighborhood Park Sewer Improvements Underground Storage Tanks Kempsville Road New Pump Station Facility - Phase III (VOOT) Auxiliary Power Program - Sewer Pump Stations Infrastructure Asset Management Program Timberlake Force Main North London Bridge Road Sewer Improvements Total Transfers From: Cultural and Recreational Opportunities Golf Course Infrastructure and Equipment Atlantic Avenue Trail Extension Total Transfer To: Golf Course Infrastructure and Equipment - Revenue Reduction Atlantic Avenue Trail Extension - Revenue Reduction Total Transfer From: Quality Education and Lifelona Learnina Renovations and Replacements-HAC Systems Windsor Woods Elementary School Modernization 9 -12 $60,000 $309,000 $259,383 $770,230 $4,203,065 $563,698 $56,775 $114,221 $794,000 $171,896 $165,000 $96,452 $2,955 $60,000 $45,919 $20,000 $79,310 $211.759 $380.000 $100.000 $220,229 $400,000 $8.000 $17.250 $400,000 $60,000 $17,467 $218,134 $4,203,065 $100,000 $793,046 $893,046 $100,000 $793,046 $893.ü46 26,902 500,000 Ordinances 1.228 1.229 1.234 Transfer From: 1.006 1.011 1.062 1.083 1.222 1.223 1.240 Transfer To: 3.200 3.198 Transfer From: 3.280 3.198 Fiscal Year 2004-05 Brookwood Elementary School Modernization Pembroke Meadows Elementary School Modernization Consolidated Virginia Beach Middle/Kemps Landing Magnate Total Transfer To: Various Schools Site Acquisition-Phase I Equipment and Vehicle Replacement ADA School Modifications Renovations and Replacements-Re-roofing Pembroke Elementary School Modernization Lynnhaven Elementary School Modernization Bayside Middle School Addition Total Transfer From: Qualitv Oraanization CIT - Revenue Assessment and Collection System CIT - Electronic Ballot System- Revenue Reduction Total Transfer To: CIT - Human Resources/Payroll System CIT - Electronic Ballot System Total Transfer From: 9 - 13 437,881 435,000 1,250,000 $2,649,783 1,250,000 249,783 450,000 200,000 100,000 100,000 300,000 $2,649,783 $3,500,000 $3,766,565 $7,266,565 $3,500,000 $3,766,565 $7,266,565 Ordinances 1 2 3 4 5 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $61,000,000 FOR VARIOUS PUBLIC FACILITIES AND GENERAL IMPROVEMENTS 6 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of 7 general obligation public improvement bonds for various purposes in the maximum amount of $61,000,000, as permitted by the City Charter, without submitting the question of their issuance to the qualified voters, 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 That it is hereby determined to be necessary and expedient for the City to construct and 1. 12 improve various public facilities and make general improvements, all of which will promote the public welfare of the 13 City and its inhabitants and will facilitate the orderly growth, development, and general welfare of the City, and to 14 finance the costs thereof through the borrowing of $61,000,000 and issuing the City's general obligation bonds 15 therefor. 16 That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby 2. 17 authorized to be issued general obligation public improvement bonds of the City in the maximum amount of 18 $61,000,000, to provide funds, together with other funds that may be available, for various public improvement 19 20 projects, including School, Roadway, Coastal, Economic and Tourism, Building, and Parks and Recreation projects, for project activities that include, but are not limited to, the following: preliminary studies and surveys, permit 21 22 compliance, environmental assessment, pianning, design, engineering, site acquisition, relocation of residents, utility relocation, construction, renovation, expansion, repair, demolition, site improvement, site work, legal services, 23 24 inspection and support services, furniture and equipment, and contingencies. 3. That the bonds may be issued as a separate issue or combined with bonds authorized for 25 26 other purposes and sold as part of one or more combined issues of public improvement bonds. 4, That the bonds shall bear such date or dates, mature at such time or times not exceeding 27 40 years from their dates, bear interest, be in such denominations and form, be executed in such manner and be 28 29 sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 30 31 5. That the bonds shall be general obligations of the City for the payment of principal, premium, if any, and interest on which its full faith and credit shall be irrevocably pledged. 32 6. That the City Clerk is directed to make a copy of this ordinance continuously available for 33 inspection by the general public during normal business hours at the City Clerk's office from the date of adoption 34 35 hereof through the date of the issuance of the Bonds. 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to 36 immediately file a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach, 37 8. That this ordinance shall be in full force and effective from its passage. 38 RequiIes an affirmative vote by two-thirds of the members of the City Council. 39 Adopted by the Council of the City of Virginia Beach, Virginia on this 11th day of May, 2004, APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~,~~ ~ CA-9220 R-1 April 10,2004 1 2 3 4 AN ORDINANCE AUTHORIZING THE ISSUANCE OF STORM WATER UTILITY SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $510,000 5 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of storm water 6 utíJìty system revenue bonds in the maximum amount of $510,000 for financing improvements and expansions to 7 the City's storm water utility system (the "System"), as permitted by the City Charter without submitting the question 8 of their issuance to the qualified voters. 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, ViRGINIA: 10 11 1. That it is hereby determined to be necessary and expedient for the City to continue its program of 12 improving and extending the System, which will promote the public welfare of the City and its inhabitants and will 13 facilitate the orderly growth, development, and general welfare ofthe City, and to finance the costs thereof through 14 the borrowing of $510,000 and issuing the City's revenue bonds therefore. 15 2. That, pursuant to the City Charter and the Public Finance Act of 1991 , there are hereby authorized to be 16 issued storm water utility system revenue bonds of the City in the maximum amount of $51 0,000 to provide funds, 17 together with other available funds, for financing the costs of improvements and expansions to the System. 18 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from 19 their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time 20 or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions, 21 4, That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited 22 obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the 23 City from the System, and shall not be included within the otherwise authorized indebtedness of the City. The bonds 24 shall not be deemed to create or constitute an indebtedness of, or a pledge of the faith and credit of, the 25 Commonwealth of Virginia or of any county, city, town, or other political subdivision of the Commonwealth, including 26 the City. The issuance of the bonds and the undertaking of the covenants, conditions, and agreements to be 27 contained in resolutions to be adopted or agreements to be entered into hereafter shall not directly, indirectly, or 28 contingently obligate the Commonwealth, the City, or any other political subdivision of the Commonweaith to ievy 29 and collect any taxes whatsoever or make any appropriation therefore except from the revenues pledged to the 30 payment of the principal of and premium, if any, and interest on the bonds. 31 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the 32 issuance of the bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, 33 charge, and collect such rates, fees, and other charges for the use of and the selVices furnished by the System and 34 to revise the same from time to time and as often as shall be necessary so as to produce sufficient net revenues to 35 pay principal of and premium, if any, and interest on the bonds as the same become due and to provide a margin of 36 safety therefor. Such resolutions and agreements shall also Include such additional covenants, agreements, and 37 other terms as are customary for the protection of the holders of storm water revenue obligations, 38 6. That the City Clerk Is directed to make a copy of this ordinance continuously available for inspection by the general public during normal business hours at the City Clerk's office from the date of adoption hereof through 39 40 the date of the issuance of the bonds. 41 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a 42 certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach, 43 8. That this ordinance shall be in full force and effect from its passage, 44 Adopted by the Council of the City of Virginia Beach, Virginia on this 11th day of May, 2004, 45 Requires an affirmative vote by a majority of the members of City Council, APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 44ð~ ~ç--~ ç¡¡ ity Attorney's Office ' CA-9221 R-1 April 10,2004 1 2 3 AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $9,215,000 4 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of water and 5 sewer system revenue bonds in the maximum amount of $9,215,000 for financing improvements and expansions 6 to the City's water and sewer system (the "System"), as permitted by the City Charter without submitting the 7 question of their issuance to the qualified voters. 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 9 10 1. That it is hereby determined to be necessary and expedient for the City to continue its program of 11 improving and extending the System, which will promote the public welfare of the City and its inhabitants and will 12 facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof 13 through the borrowing of $9,215,000 and issuing the City's revenue bonds therefore. 14 2. That pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized 15 to be issued water and sewer system revenue bonds of the City in the maximum amount of $9,215,000 to provide 16 funds, together with other available funds, for financing the costs of improvements and expansions to the System. 17 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 18 years from their dates, bear interest, be in such denominations and form, be executed in such manner and be 19 sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution or 20 resoiutions. 21 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be 22 limited obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues 23 derived by the City from the System, and shall not be included within the otherwise authorized indebtedness of 24 the City. The bonds shall not be deemed to create or constitute an indebtedness of, or a pledge of the faith and 25 credit of, the Commonwealth of Virginia or of any country, city, town, or other political subdivision of the 26 Commonwealth, including the City. The issuance of the bonds and the undertaking of the covenants, conditions, 27 and agreements to be contained in resolutions to be adopted or agreements to be entered into hereafter shall not 28 directly, indirectly, or contingently obligate the Commonwealth, the City, or any other political subdivision of the ^-^--,.-^ 29 30 31 32 33 34 35 36 37 38 39 40 41 Commonwealth to levy and collect any taxes whatsoever or make any appropriation therefore, except from the revenues pledged to the payment of the principal of and premium, if any, and interest on the bonds. 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance of the bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, charge, and collect such rates, fees, and other charges for the use of and the services furnished by the System and to revise the same from time to time and as often as shall be necessary so as to produce sufficient net revenues to pay principal of and premium, if any, and interest on the bonds as the same become due and to provide a margin of safety therefor. Such resolutions and agreements shall also include such additional covenants, agreements, and other terms as are customary for the protection of the holders of water and sewer revenue obligations. 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the issuance of the bonds. 42 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to 43 immediately file a certified copy of this ordinance with the Circuit Court of the City of Virginia Beach. 44 8. That this ordinance shall be in full force and effect from its passage. 45 Adopted by the Council of the City of Virginia Beach, Virginia on this 11th day of May, 2004. 46 Requires an affirmative vote by a majority of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~a~S~i~e~~ ~ ~ .J.~. (f,. City Attorney's Office / . CA-9222 R-1 April 10,2004 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: The FY 2004-05 Operating Budget and Related Ordinances MEETING DATE: May 11, 2004 . Background: On March 30, 2004 the City of Virginia Beach FY 2004-05 Proposed Resource Management Plan, which includes the Operating Budget and Capital Improvement Program, was ~resented to City Council. City Council workshops were held on April 13th, 15 h, 20th, 27'h, and May 6th to provide information to the City Council. On April 15th and 20th public hearings were held to provide the public the opportunity to comment on the proposed Resource Management Plan. Ordinances were updated to reflect City Council's direction at the May 6, 2004 Reconciliation Workshop, . Considerations: The following ordinances are provided for the Council's consideration and approval to implement the FY 2004-05 Operating Budget and, unless otherwise noted, require an affirmative vote by a majority of the members of City Council. 1, An Ordinance Making Appropriations for the Fiscal Year Beginning July 1, 2004 and Ending June 30, 2005 in the Sum of $1,399,227,960 for Operations and $505,583,901 in Interfund Transfers and Regulating the Payment of Money Out of the City Treasury, as Amended 2. An Ordinance Establishing the Tax Levy on Real Estate for Fiscal Year 2005 3, An Ordinance Establishing the Tax Levy on Personal Property and Machinery and Tools for the Calendar Year 2005 4. An Ordinance to Authorize the City Manager to Submit An Annual Funding Plan to the U,S, Department of Housing and Urban Development 5, An Ordinance to Amend the City Code Pertaining to the Exemption or Deferral of Real Estate Taxes for Elderly or Disabled Persons by Increasing Income and Net Worth Limits 6, An Ordinance to Amend the City Code Pertaining to the Lodging Tax by Extending Its Sunset Provisions to Maintain the Tax at Its Current Amount 7. An Ordinance to Revise the City's Fund Balance Policy _._-~.._. 8. An Ordinance to Amend the Funding Sources for the Agriculture Reserve Program by Lowering the Amount of Real Estate Tax Revenue 9. An Ordinance Amending the City Code to Eliminate the Imposition of Interest on Deferred Real Estate Taxes 10. An Ordinance to Amend the City Code Pertaining to Provision of Automated Refuse Receptacles 11,An Ordinance to Amend the City Code Pertaining to Yard Waste Containers by Establishing a Thirty Dollar Fee 12,An Ordinance to Amend the City Code Pertaining to Encroachments by Increasing the Application Fee 13. An Ordinance to Amend the City Code Pertaining to the Disposition of Unclaimed Animals by Revising the Fee Schedule and Requiring Spaying or Neutering Prior to Adoption 14. An Ordinance to Amend the City Code Pertaining to the Disposition of Dead Animals 15, An Ordinance to Amend the City Site Plan Ordinance, Pertaining to the Adoption of Fees For Single-Family Residential Site Plan Review, Site Plan Revisions, and Other Site Plan Review 16. An Ordinance to Amend the Subdivision Regulations, Pertaining to Fees for Construction Plans, Final Subdivision Plats, Plat Revisions, and Subdivisions Plats That Do Not Create Additional Lots 17, An Ordinance to Amend Chapter 6 of the City Code, Pertaining to the Adoption of Fees For Permits for Dredging or Filling Waters, Marshlands and Lowlands 18. An Ordinance to Amend the City Zoning Ordinance, Pertaining to Application Fees and to Adopt a Fee for Deferral of an Application 19, An Ordinance to Amend and Reordain Chapter 8 of the City Code, Pertaining to Fees for Administrative Fees for Stopwork Orders, Reviews of Commercial Plans, and Residential Water and Sewer Connections 20,An Ordinance to Amend and Reordain Chapter 30 of the City Code, Pertaining to the Fees For Erosion and Sediment Control Permits, Plan Review and Inspections and to Adopt a Fee for the Review of Easement or Dedication Plats 21. An Ordinance to Amend and Reordain Chapter 33 of the City Code, Pertaining to Permit Fees for Work On, Over, Under or Affecting Streets, and to Adopt a Fee for the Review of Easement or Dedication Plats 22, An Ordinance to Amend the Chesapeake Bay Preservation Area Ordinance Pertaining to the Fee for Administrative and Board Variances . Public Information: Information will be disseminated to the public through the normal Council agenda process involving the advertisement of the City Council agenda and public hearings, pursuant to local and State code requirements, . Alternatives: No alternatives are available to implement the FY 2004-05 Operating Budget. . Recommendations: Subject to change by Council at reconciliation, it is recommended that the attached ordinances implementing the FY 2004-05 Operating Budget be approved, . Attachments: FY 2004-05 Operating Budget ordinances Recommended Action: Approval of Ordinances C'J Submitting Department/Agency: Department of Management Services\)\>:' C;ty M,"ag.~ t ~ IT"L 10 11 12 13 14 15 16 17 20 1 2 3 4 5 6 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JULY 1, 2004 AND ENDING JUNE 30,2005 IN THE SUM OF $1,399,227,960 FOR OPERATIONS AND $505,583,901 IN INTERFUND TRANSFERS AND REGULATING THE PAYMENT OF MONEY OUT OF THE CITY TREASURY, AS AMENDED 7 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year 8 beginning Juiy 1, 2004, and ending June 30, 2005, and it is necessary to appropriate sufficient funds to cover said 9 budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the amounts named aggregating $1,904,811,861 consisting of $505,583,901 in interfund transfers and $1,399,227,960 for operations, are hereby appropriated subject to the conditions hereinafter set forth for the use of departments, and designated funds of the city government, and for the purposes hereinafter mentioned, as set forth in the Annual Operating Budget, which is hereby incorporated by reference, for the fiscal year beginning July 1, 2004, and ending June 30, 2005, a summary of which is attached to this ordinance as "Attachment A - Appropriations." 18 Section 2. That in accordance with Section 5.04 of the City Charter, Estimated Revenue in support of 19 Appropriations is set forth in said Annual Operating Budget, with a summary of Estimated Revenue in Support of Appropriations attached to this ordinance as "Attachment B - Revenues." 21 Section 3, With the exception of the Schooi Operating Fund, and the Sheriff's Special Revenue Fund, the 22 total of full-time permanent positions shall be the maximum of positions authorized for the various departments of 23 the City during the fiscal year, except for changes or additions authorized by the Councilor as hereinafter 24 provided. The City Manager may from time to time increase or decrease the number of part-time or temporary 25 positions provided the aggregate amount expended for such services shall not exceed the respective 26 appropriations made therefore. The City Manager is further authorized to make such rearrangements of positions 27 within and between the departments as may best meet the needs and interests of the City. 28 Section 4. To improve the effectiveness and efficiencies of the government in service delivery, the City 29 Council hereby authorizes the City Manager or his designee to transfer appropriated funds and existing positions 30 throughout the fiscal year as may be necessary to implement organizational adjustments that have been 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 authorized by the City Council. Unless otherwise directed by the City Council, such organizational adjustments shall be implemented on such date or dates as the City Manager determines, in his discretion, to be necessary to guarantee a smooth and orderly transition of existing organizational functions. The City Manager shall make a report each year to the City Council identifying the status and progress of any such organizational adjustments. Section 5. All current and delinquent collections of local taxes shall be credited to the General Fund and, where appropriate, to any special service district speciai revenue fund or any tax increment financing funds created by City Council. Transfers shall be made from the General Fund to the respective designated funds to which a special levy is made in the amount of collection for each specially designated fund. Section 6. All balances of the appropriations payable out of each fund of the City Treasury at the close of business for the fiscal year ending on June 30, 2005, unless otherwise provided for, are hereby declared to be lapsed into the fund balance of the respective funds, except the School Operating Fund which shall lapse into the General Fund Balance, and may be used for the payment of the appropriations that may be made in the appropriation ordinance for the fiscal year beginning July 1, 2005, However, there shall be retained in the General Fund Balance an amount not less than the range of seventy-five (75) to one hundred (100) percent of the budget for city and school debt service payments for that fiscal year, for contingency and emergency situations, not to be used to support appropriations approved in the ordinance for the fiscal year beginning July 1, 2004, except upon subsequent authorization by City Council. Section 7. That the City's debt management policies for the Water and Sewer Enterprise Fund shall serve as a basis for developing financial strategies for the water and sanitary sewer system based on the 50 following guidelines: (a) for the Water and Sewer Fund, the goal of retaining working capital equal to 80% to 51 100% of one year's operating expense shall be pursued; (b) for the Water and Sewer Fund, the goal shall be for 52 debt service coverage on its water and sewer revenue bonds at not less than 1.50 times and, on a combined 53 basis, including water and sewer general obligation bonds, at no less than 1.20 times and (c) for the Water and 54 Sewer Fund, contributions from non-borrowed funds, on a five-year rolling average basis, will be sought for 55 approximately 25% of the annual capital program for the water and sewer system. 56 Section 8. All balances of appropriations in each fund which support authorized obligations or are 57 encumbered at the close of the business for the fiscal year ending on June 30, 2005, are hereby declared to be 58 reappropriated into the fiscal year beginning July 1, 2005, and estimated revenues adjusted accordingly. 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 Section 9, No department or agency for which appropriations are made under the provisions of this Ordinance shall exceed the amount of the appropriations except with the consent and approval of the City Council first being obtained. It is expressly provided that the restrictions with respect to the expenditure of the funds appropriated shall apply only to the totals for each Appropriation Unit included in this ordinance and does not apply to Interfund Transfers, Section 10. The City Manager or the Director of Management Services is hereby authorized to approve transfers of appropriations in an amount up to $100,000 between any Appropriation Units included in this ordinance. The City Manager shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. In addition, the City Manager may transfer, in amounts necessary, appropriations from all Reserves for Contingencies except Reserve for Contingencies - Reguiar, within the intent of the Reserve as approved by City Council. Section 11. Funds in the amount of $400,000 shall be appropriated from the General Fund Balance for the purpose of making a loan or loans to the City of Virginia Beach Deveiopment Authority ("Development Authority"). The City Manager shall be authorized to transfer these funds to the Development Authority for this purpose provided that the aggregate amount of all such transfers does not exceed $400,000. Such transfer(s) shall be based upon a specific request by the Development Authority and upon the Director of Management Services' verification that the funds are necessary for the Development Authority to maintain an adequate cash flow, Any such transfer(s) shall be made upon terms and conditions to be determined by the City Manager, and shall be repaid by the Development Authority in an expeditious manner through the sale of land. The City Manager shall make a report to City Council identifying the status of Development Authority finances and any transfers made under this section. 80 SeGlian 12. F~nd& in tRe amÐlJAt af $2,999,999 are Reree)' a~~m~riatea ¡rem tRe General F~na Balanee 81 ta the Risl< Mana¡¡ement Intemal Ser'iee F~na Balance. TRe City Mana¡¡ar ie hareey a<JtRarizea ta transler tRess 82 funds te the Risk Þ1ana¡¡ement Internal Serviss F~na, te ens~re tRat tRe Risl< Mana¡¡ement Internal Sep'iee F<Jna 83 has s~lfieient reS8<Jrees te meet antiei~atea elaims, ~r8"iaea that e'GR transfers aa net eanfliet "'ith tRe ~m"isi8nE 84 af Seetien ê af this arainanea. 85 Section 12, The City Manager may transfer up to $1,000,000 from the operating budget to the City's self- 86 insurance health plan fund at the end of the fiscal year to fund shortfalls in the plan should they occur. 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 Section 13. The City Manager or the Director of Management Services is hereby authorized to establish and administer budgeting within Appropriation Units consistent with best management practices, reporting requirements, and the programs and services adopted by the City CounciL Section 14. The City Manager or the Director of Management Services is hereby authorized to change the Estimated Revenues included in this ordinance to reflect expected collections, If the Estimated Revenue in support of an Operating Appropriation Unit declines, the City Manager or the Director of Management Services is hereby authorized to reduce, subject to any other provision of law, those appropriations to equal the decline in Estimated Revenue, The City Manager must give prior notice to the City Council of any reduction to total appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the appropriation reduction and the Appropriation Units affected. The accounting records of the City will be maintained in a manner that the total of Estimated Revenue is equal to the total of the Appropriation Units for each of the City's funds. The City Manager or the Director of Management Services is hereby authorized to transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for which those funds were appropriated have been incurred. Nothing in this section shall be construed as authorizing any reduction to be made in the amount appropriated in this ordinance for the payment of interest or principal on the bonded debt of the City Government. Section 15. Allowances made from the appropriations made in this ordinance by any or all of the City departments, bureaus, or agencies, to any of their officers and employees for expenses on account of the use by such officers and employees of their personal automobiles in the discharge of their official duties shall not exceed thirty-two and one half cents ($.325) per mile of actual travel for the first 15,000 miles and fifteen ($.15) per mile for additional miles of such use within the fiscal year. Section 16. All travel expense accounts shall be submitted on fonns approved by the Director of Finance and according to regulations approved by the City CounciL Each account shall show the dates expenses were incurred or paid; number of miles traveled; method of travel: hotel expenses; meals; and incidental expenses, The Director of Finance is specifically directed to withhold the issuance of checks in the event expense accounts are submitted for "lump-sum" amounts. Section 17. Violation of this ordinance may result in disciplinary action by the City Manager against the person or persons responsible for the management of the Appropriation Unit in which the violation occurred. .,--~'-,.. 115 116 117 118 119 120 121 122 123 Section 18. This ordinance shall be effective on July 1. 2004. Section 19. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining parts of this ordinance. Adopted by the Council of the City of Virginia Beach. Virginia, on this the 11th day of May, 2004, Comment: The existing Section 12, which had appropriated $2,000,000 in last year's budget from the General Fund to the Risk Management Internal Service Fund, is deleted, Requires an affirmative vote by a majority of the members of City Council, APPROVED AS TO LEGAL SUFFICIENCY: ~ ;; ~ Vi, City Attorney's Office } CA9151 C-1 April 19. 2004 City of Virginia Beach, Virginia Fiscal Year 2004-05 Bu dget Ordinance Attachment A. Appropriations 002 General Fund Agriculture Audit Services Benefits Administration Board of Equalization Circuit Court City Attorney City Clerk City Manager City Real Estate Assessor City Treasurer Clerk of the Circuit Court Commissioner of the Revenue Commonwealth's Attorney Communications and Infonnatlon Technology Community Organization Grants Convention and Visitor Bureau Convention and Visitor Bureau (Major Projects) Director of Finance Economic Development Emergency Medical Services Employee Special Benefits Fire General District Court General Registrar Health Housing and Neighborhood Preservation Human Resources Human Services Independent Financial Services Juvenile Probation Juvenile and Domestic Relations District Court LIbrary Magistrates Management Services Mass Transit Operations Microcomputer Support Municipal Council Museums Parks and Recreation Planning and Community Development Police Public Works Re910nal Participation Reserve for Contingencies Revenue Reimbursements Transfer to Other Funds Wetlands Board of Virginia Beach Zoning Board of Appeals Fund 002 Appropriation Totals FY 2004-05 Budget 956,316 470,724 269,913 18,333 943,775 3,343,877 5SO,867 2,284,345 2,673,645 4,794,525 715,528 3,613,362 5,169,702 2,462,956 632,159 5,214,146 1,572,942 4,774,800 1,872,049 5.488,150 2,097,922 34,567,999 261,220 1,209,955 2,879,43S 1,580,253 3,859,698 71,SO8,785 136,680 2,526,638 156,738 16,017,070 165.427 2,908,337 1,663,365 400,000 479,109 708,216 11,765,398 9,452,227 71,841,394 72,977,293 1,551,725 7,353,018 4,063,411 454,836,451 13,925 38,320 824,642,123 City of Virginia Beach, Virginia Fiscal Year 2004-05 Budget Ordinance Attachment A - Appropriations 108 School Instructional TechnoloQV Fund Instructional Technology Fund 108 Appropriation Totals 109 School VendinQ Operations Fund Education-Athletic Fund 109 Appropriation Totals 112 School Communication Tower TechnoloQv Fund Instructional Technology Fund 112 Appropriation Totals 114 School Cafeteria Fund Education - Cafeteria Fund 114 Appropriation Totals 115 School OperatinQ Fund Administration, Attendance, and Health Instruction Operations and Maintenance Pupil Transportation Fund 115 Appropriation Totals 116 School Grants Fund Education-Grants Fund 116 Appropriation Totals 117 School Textbook Fund Education - Textbook Fund 117 Appropriation Totals 119 School Athletic Special Revenue Fund Education - Athletic Fund 119 Appropriation Totals 120 Federal Police Department Grant Fund Police (Uniform Patrol Grant) Reserve for Contingencies Fund 120 Appropriation Totals 130 Law Library Fund Library (Law Library) Reserve for Contingencies Transfer to Other Funds Fund 130 Appropriation Totals 131 Pendleton Child Service Center Fund Human Services Fund 131 Appropriation Totals 134 E.911 Communications Special Revenue Fund Communications and Information Technology Reserve for Contingencies Transfer to Other Funds Fund 134 Appropriation Totais FY 2004-05 Budget 4,887,320 4,887,320 1,720,000 1,720,000 1,250,000 1,250,000 22,754,582 22,754,582 19,614,342 455,762,748 72,777,955 23,633,686 571,788,731 49,117,027 49,117,027 6,995,974 6,995,974 4,034,925 4,034,925 1,566,770 193,275 1,760,045 337,946 4,500 60,000 402,446 1,490,211 1,490,211 9,646,466 147,251 1,306,837 11,100,554 City of Virginia Beach, Virginia Fiscal Year 2004-05 Budget Ordinance Attachment A. Appropriations 142 DEA Seized Propertv Special Revenue Fu nd Commonwealth's Attorney 143 Access Channel Support Special Revenue Fund Communications and Infonnatlon Technology 146 Police Extraditions Special Revenue Fund Police (Airplane Enterprise) Pollee (Extraditions) 147 Federal Section 8 Proaram Special Revenue Fund Housing and Neighborhood Preservation (Section 8 Housing) Housing and Neighborhood Preservation (Section 8) Reserve for Contingencies 148 Comprehensive Services Act Special Revenue Fund Human Services Transfer to Other Funds 149 Sheriffs Department Special Revenue Fund Sheriff and Corrections 150 Inmate Services Special Revenue Fund Sheriff and Corrections (Inmate Services) Transfer to Other Funds 151 Parks and Recreation Special Revenue Fund Parks and Recreation Public Works Reserve for Contingencies Transfer to Other Funds 152 Tourism Growth Investment Fund Convention and Visitor Bureau (TGIF) Museums Parks and Recreation (TGIF) Planning and Community Development (TGIF) Public Works (TGIF) Transfer to Other Funds 156 Police Services Special Revenue Fund Police '----' FY 2004-05 Budget Fund 142 Appropriation Totals 172,209 172,209 26,985 Fund 143 Appropriation Totals 26,985 561,714 199,914 Fund 146 Appropriation Totals 761,628 398,085 12,599,280 14,000 Fund 147 Appropriation Totals 13,011,365 7,322,664 1,190,346 Fund 148 Appropriation Totals 8,513,010 27,203,889 Fund 149 Appropriation Totals 27,203,889 451,166 274,551 Fund 150 Appropriation Totals 725,717 21,550,919 2,323,262 219,833 69,540 Fund 151 Appropriation Totals 24,163,554 2,303,644 50,500 27,454 301,962 681,964 11,219,784 Fund 152 Appropriation Totals 14,58S,308 20,000 Fund 156 Appropriation Totals 20,000 City of Virginia Beach, Virginia Fiscal Year 2004-05 Budget Ordinance Attachment A . Appropriations FY 2004-05 Budget 157 Sandbridae Special Service District Special Revenue Fund Reserve for Future Commitments Fund 157 Appropriation Totals 2,053,443 2,053,443 158 EMS State Four-for-Life Special Revenue Fund Emergency Medical Services Fund 158 Appropriation Totals 470,000 470,000 159 Fire Proarams Special Revenue Fund Fire (Fire Programs) Transfer to Other Funds Fund 159 Appropriation Totals 367,604 200,000 567,604 161 Aariculture Reserve Proaram Special Revenue Fund Agriculture (Agricultural Reserve Program) Reserve for Future Commitments Transfer to Other Funds Fund 161 Appropriation Totals 186,202 58,989 2,841,445 3,086,636 163 Tourism Advertisina Proaram Special Revenue Fund Convention and Visitor Bureau (Tourism Advertising) Reserve for Contingencies Fund 163 Appropriation Totals 7,870,294 11,223 7,881,517 165 Lvnnhaven Mall Tax Increment Financina Fund Reserve for Contingencies Tax Increment Financing Fund 165 Appropriation Totals 150,000 1,800,000 1,950,000 166 Sandbridae Tax Increment Financina Fund Reserve for Future Commitments Fund 166 Appropriation Totals 4,957,580 4,957,580 167 Arts and Humanities Commission Special Revenue Fund Arts and Humanities Commission Fund 167 Appropriation Totais 428,300 428,300 169 Central Business District - South TIF (Town Center) Fund Reserve for Future Commitments Transfer to Other Funds Fund 169 Appropriation Totals 75,579 2,154,120 2,229,699 170 Marine Science Museum Special Revenue Fund Museums (Virginia Marine Science Museum) Reserve for Contingencies Fund 170 Appropriation Totals 6,289,664 69,513 6,359,177 171 Sportsplex Special Revenue Fund Parks and Recreation Reserve for Contingencies Fund 171 Appropriation Totals 42S,728 2,034 427,762 172 Open Space Special Revenue Fund Parks and Recreation (Open Space) Public Works (Open Space) Reserve for Contingencies Reserve for Future Commitments Transfer to Other Funds Fund 172 Appropriation Totals 61,902 52,000 1,613 2,146,708 785,075 3,047,298 City of Virginia Beach, Virginia Fiscal Year 2004-05 Budget Ordinance Attachment A . Ap propriations 173 Maior Projects Special Revenue Fund Public Works (Major Projects) Reserve for Contingencies Transfer to Other Funds Fund 173 Appropriation Totals 174 Town Center Special Tax District Reserve for Contingencies Town Center Special Tax District Fund 174 Appropriation Totals 175 Golf Course Special Revenue Fund Parks and Recreation (Golf Courses) Reserve for Contingencies Transfer to Other Funds Fund 175 Appropriation Totals 176 Transition Area Special Revenue Fund Reserve for Future Commitments Fund 176 Appropriation Totals 180 Communitv Development Special Revenue Fund Community Development Block Grants Housing and Neighborhood Preservation Reserve for Contingencies Fund 180 Appropriation Totals 181 CD Loan and Grant Fund Community Development Block Loan and Grants Fund 181 Appropriation Totals 182 Federal Housina Assistance Grant Fund Federal HOME Grants Fund 182 Appropriation Totals 183 Grants Consolidated Fund Commonwealth's Attorney. Grants Community Corrections Housing and Neighborhood Grants Police (Uniform Patrol Grant) Reserve for Contingencies Sheriff. Grants Social Services Grants Fund 183 Appropriation Totals 185 Mental Health Grants Fund Human Services Human Services (Substance Abuse Grants) Fund 185 Appropriation Totals 241 Water and Sewer Fund Debt Service Public Utilities Reserve for Contingencies Transfer to Other Funds Fund 241 Appropriation Totals FY 2004-05 Budget 310,350 1,608 14,436,967 14,748,925 93,400 231,496 324,896 2,227,638 131,042 200,000 2,558,680 32,305 32,305 1,625,431 1,359,981 42,215 3,027,627 508,344 508,344 1,740,342 1,740,342 276,242 579,912 1,135,030 53,060 103,668 233,044 970,988 3,351,944 215,862 357,177 573,039 11,467,589 62,459,979 1,116,146 7,846,286 82,890,000 City of Virginia Beach, Virginia Fiscal Year 2004-05 Budget Ordinance Attachment A - Appropriations 253 Parkina Enterprise Fund Convention and Visitor Bureau (Parking) Reserve for Conlingencies Transfer to Other 'Funds 255 Storm Water Utility Enterprise Fund Debt Service Public Works (Stonn Water Operations) Reserve for Contingencies Transfer to Other Funds 302 General Debt Fund Debt Service 460 School General Revenue Capital Projects Fund School Capital Projects Fund 253 Appropriation Totals Fund 255 Appropriation Totals Fund 302 Appropriation Totals Fund 460 Appropriation Totals 491 Water and Sewer Operatina Revenue CaDital Projects Fund Water and Sewer Capital Projects Fund 491 Appropriation Totals 492 Enaineerina & Hiahwavs General Revenue Capital Projects Fund Coastal Capital Projects Economic and Tourism Development Capital Projects Roadways Capital Projects Fund 492 Appropriation Totals 496 Parks and Recreation General Revenue Capital Projects Fund Parks and Recreation Capital Projects 497 Buildinas General Revenue Capital Projects Fund Building Capital Projects 498 Storm Water Capital Project Fund Stonn Water Capital Projects 908 Citv Beautification Fund Parks and Recreation 909 Librarv Gift Fund Library Gift 911 Parks and Recreation Gift Fund Parks and Recreation (Gift Fund) Fund 496 Appropriation Totals Fund 497 Appropriation Totals Fund 498 Appropriation Totals Fund 908 Appropriation Totals Fund 909 Appropriation Totals Fund 911 Appropriation Totals FY 2004-05 Budget 1,979,244 180,134 606,317 2,765,695 934,556 9,317,303 241,565 7,S56,182 18,049,606 102,946,104 102,946,104 6,916,775 6,916,775 3,500,000 3,500,000 2,406,680 5,041,354 11,638,256 19,086,290 3,868,145 3,868,145 7,458,000 7,458,000 5,786,525 5,786,525 10,000 10,000 17,000 17,000 30,000 30,000 City of Virginia Beach, Virginia Fiscal Year 2004-05 Budget Ordinance Attachment A - Appropriations 950 Circuit Court Clerk TechnoloQV Fund Circuit Court Total Budget Appropriations Less Interfund Transfers NET BUDGET APPROPRIATIONS Fund 950 Appropriation Totals FY 2004-05 Budget 35,000 35,000 1,904,811,861 505,583,901 1,399,227,960 City of Virginia Beach, Virginia Fiscal Year 2004-05 Budget Ordinance Attachment B - Revenues FY 2004-05 Budget 002 General Fund Revenue from Local Sources General Property Taxes Other Local Taxes Pennils, Privilege Fees, and Regulatory Licenses Fines and Forfeitures From the Use of Money and Property Charges for Services Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Transfers from Other Funds Speciflc Fund Reserves 487,727,005 212,274,864 4,860,995 5,159,540 3,904,623 6,004,833 1,208,190 Fund 002 Revenue Totals 72,970,926 22,193,207 7,939,240 398,700 824,642,123 108 School Instructional TechnoloQv Fund Revenue from Local Sources Miscellaneous Revenue Speciflc Fund Reserves Fund 108 Revenue Totals 500,000 4,387,320 4,887,320 109 School VendinQ Operations Fund Revenue from Local Sources From the Use of Money and Property Miscellaneous Revenue Speciflc Fund Reserves Fund 109 Revenue Totals 10,000 760,000 950,000 1,720,000 112 School Communication Tower TechnoloQv Fund Revenue from Local Sources From the Use of Money and Property Speciflc Fund Reserves Fund 112 Revenue Totals 200,000 1,050,000 1,250,000 114 School Cafeteria Fund Revenue from Local Sources Charges for Services Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Speciflc Fund Reserves 12,096,506 155,000 Fund 114 Revenue Totals 340,000 9,626,106 536,970 22,754,582 115 School QperatinQ Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Revenue from the Commonwealth State Shared Sales Tax Other Sources from the Commonwealth Revenue from the Federal Government Transfers from Other Funds 465,000 1,761,594 472,000 Fund 115 Revenue Totals 57,223,838 222,149,695 14,371,131 275,345,473 571,788,731 City of Virginia Beach, Virginia Fiscal Year 2004-05 Budget Ordinance Attachment B - Revenues 134 E-911 Communications Special Revenue Fund Revenue from Local Sources Other Local Taxes From the Use of Money and Property Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Transfers from Other Funds Specific Fund Reserves FY 2004-05 Budget 12,252,330 36,864,697 Fund 116 Revenue Totals 49,117,027 100,000 6,000 1,604,077 3,130,369 2,155,528 Fund 117 Revenue Totals 6,995,974 40,000 380,000 2,842,619 772,306 Fund 119 Revenue Totals 4,034,925 963,349 796,696 Fund 120 Revenue Totals 1,760,045 4,250 220,000 178,196 Fund 130 Revenue Totals 402,446 9,500 226,473 337,818 54,578 861,642 Fund 131 Revenue Totals 1,490,211 7,372,800 44,775 10,655 1,759,530 1,430,426 482,368 Fund 134 Revenue Totals 11,100,554 116 School Grants Fund Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Govemment 117 School Textbook Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Specific Fund Reserves 119 School Athletic Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Specific Fund Reserves 120 Federal Police Department Grant Fund Revenue from the Federal Govemment Transfers from Other Funds 130 Law Library Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Transfers from Other Funds 131 Pendleton Child Service Center Fund Revenue from Local Sources From the Use of Money and Property Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Transfers from Other Funds City of Virginia Beach, Virginia Fiscal Year 2004-05 Budget Ordinance Attachment B - Revenues FY 2004-05 Budget 142 DEA Seized Propertv Special Revenue Fund Revenue from the Commonwealth Other Sources from the Commonwealth Specific Fund Reserves Fund 142 Revenue Totals 112,209 60,000 172,209 143 Access Channel Support Special Revenue Fund Revenue from Local Sources Miscellaneous Revenue Fund 143 Revenue Totals 26,985 26,985 146 Police Extraditions Special Revenue Fund Revenue from the Commonwealth Other Sources from the Commonwealth 151 Parks and Recreation Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Revenue from the Federal Government Transfers from Other Funds 761,628 Fund 146 Revenue Totals 761,628 12,997,365 14,000 Fund 147 Revenue Totals 13,011,365 2,500 762,484 4,966,158 2,781,868 Fund 148 Revenue Totals 8,513,010 1,594,828 35,040 15,521,682 321,200 9,130,108 601,031 Fund 149 Revenue Totals 27,203,889 15,000 710,717 Fund 150 Revenue Totals 725,717 749,969 10,134,582 86,200 2,500 13,190,303 Fund 151 Revenue Totals 24,163,554 147 Federal Section 8 Proaram Special Revenu e Fund Revenue from the Federal Government Transfers from Other Funds 148 Comprehensive Services Act Special Revenue Fund Revenue from Local Sources Charges for Services Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Transfers from Other Funds 149 Sheriff's Department Special Revenue Fund Revenue from Local Sources Charges for Services Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Transfers from Other Funds Specific Fund Reserves 150 Inmate Services Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Charges for Services City of Virginia Beach, Virginia Fiscal Year 2004-05 Budget Ordinance Attachment B . Revenues 152 Tourism Growth Investment Fund Revenue from Local Sources Permits, Privilege Fees, and Regulatory Licenses From the Use of Money and Property Transfers from Other Funds Fund 152 Revenue Totals 156 Police Services SDecial Revenue Fund Revenue from Local Sources From the Use of Money and Property Fund 156 Revenue Totals 157 Sandbridae SDecial Service District SDecial Revenue Fund Revenue from Local Sources General Property Taxes Other Local Taxes From the Use of Money and Property Transfers from Other Funds Fund 157 Revenue Totals 158 EMS State Four-tor-Lite SDecial Revenue Fund Revenue from the Commonwealth Other Sources from the Commonwealth Specific Fund Reserves Fund 158 Revenue Totals 159 Fire Proarams SDecial Revenue Fund Revenue from the Commonwealth Other Sources from the Commonwealth Fund 159 Revenue Totals 161 Aariculture Reserve Proaram SDecial Revenue Fund Transfers from Other Funds Fund 161 Revenue Totals 163 Tourism Advertisina Proaram SDecial Revenue Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Transfers from Other Funds Specific Fund Reserves Fund 163 Revenue Totals 165 Lvnnhaven Mall Tax Increment Financina Fund Revenue from Local Sources General Property Taxes Fund 165 Revenue Totals 166 Sandbridae Tax Increment Financina Fund Revenue from Local Sources General Property Taxes From the Use of Money and Property Fund 166 Revenue Totals FY 2004-05 Budget 68,000 332,274 14,185,034 14,585,308 20,000 20,000 713,053 392,632 128,327 819,431 2,053,443 370,000 100,000 470,000 567,604 567,604 3,086,636 3,086,636 22,842 700 40,000 7,754.433 63,542 7,881,517 1,950,000 1,950,000 4,734,844 222,736 4,957,580 City of Virginia Beach, Virginia Fiscal Year 2004-05 Budget Ordinance Attachment B - Revenues 167 Arts and Humanities Commission Special Revenue Fund Transfers from Other Funds Fund 167 Revenue Totals 169 Central Business District. South TIF (Town Center) Fund Revenue from Local Sources General Property Taxes Fund 169 Revenue Totals 170 Marine Science Museum Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Transfers from Other Funds Specific Fund Reserves Fund 170 Revenue Totals 171 Sportsplex Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Transfers from Other Funds Specific Fund Reserves Fund 171 Revenue Totals 172 Open Space Special Revenue Fund Transfers from Other Funds Fund 172 Revenue Totals 173 Major Projects Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Transfers from Other Funds Specific Fund Reserves Fund 173 Revenue Totals 174 Town Center Special Tax District Revenue from Local Sources General Property Taxes Fund 174 Revenue Totals 175 Golf Course Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Fund 175 Revenue Totals 176 Transition Area Special Revenue Fund Transfers from Other Funds Fund 176 Revenue Totals 180 Communitv Development Special Revenue Fund Revenue from the Federal Government Transfers from Other Funds Fund 180 Revenue Totals FY 2004-05 Budget 428,300 428,300 2,229,699 2,229,699 25,000 5,609,520 308,636 396,736 19,285 6,359,177 90,000 15,000 254,628 68,134 427,762 3,047,298 3,047,298 363,257 13,791,650 594,018 14,748,925 324,896 324,896 251,680 2,307,000 2,558,680 32,305 32,305 2,703,656 323,971 3,027,627 City of Virginia Beach, Virginia Fiscal Year 2004-05 Budget Ordinance Attachment B . Revenues 255 Storm Water Utility Enterprise Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Revenue from the Commonwealth Other Sources from the Commonwealth Transfers from Other Funds Specific Fund Reserves FY 2004-05 Budget 308,344 200,000 Fund 181 Revenue Totals 508,344 1,715,342 25,000 Fund 182 Revenue Totals 1,740,342 1,174,742 1,990,238 19,000 167,964 Fund 183 Revenue Totals 3,351,944 3,000 174,542 380,309 15,188 Fund 185 Revenue Totals 573,039 1,679,217 76,314,708 172,581 4,395,584 227,930 100,000 Fund 241 Revenue ToWs 82,890,000 30,000 487,630 17,433 1,971,829 258,803 Fund 253 Revenue Totals 2,765,695 120,130 12,871,612 4,944,261 63,603 50,000 Fund 2S5 Revenue Totals 18,049,606 181 CD Loan and Grant Fund Revenue from the Federal Government Non-Revenue Receipts 182 Federal HousinQ Assistance Grant Fund Revenue from the Federal Govemment Non-Revenue Receipts 183 Grants Consolidated Fund Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Non-Revenue Receipts Transfers from Other Funds 185 Mental Health Grants Fund Revenue from Local Sources Charges for Services Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Transfers from Other Funds 241 Water and Sewer Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue NonoRevenue Receipts Transfers from Other Funds Specific Fund Reserves 253 ParkinQ Enterprise Fund Revenue from Local Sources Permits, Privilege Fees, and Regulatory Licenses Fines and Forfeitures From the Use of Money and Property Charges for Services Transfers from Other Funds City of Virginia Beach, Virginia Fiscal Year 2004-05 Budget Ordinance Attachment B - Revenues 302 General Debt Fund Transfers from Other Funds Specific Fund Reserves Fund 302 Revenue Totals 460 School General Revenue Capital Projects Fund Transfers from Other Funds Fund 460 Revenue Totals 491 Water and Sewer Qperatina Revenue Capital Projects Fund Transfers from Other Funds Fund 491 Revenue Totals 492 Enaineerina & Hiahwavs General Revenue Capital Projects Fund Transfers from Other Funds Fund 492 Revenue Totals 496 Parks and Recreation General Revenue Capital Projects Fund Transfers from Other Funds Fund 496 Revenue Totals 497 Buildinas General Revenue Capital Proiects Fund Transfers from Other Funds Fund 497 Revenue Totals 498 Storm Water Capital Project Fund Transfers from Other Funds Fund 498 Revenue Totals 908 City Beautification Fund Revenue from Local Sources Miscellaneous Revenue Fund 908 Revenue Totals 909 Library Gift Fund Revenue from Local Sources Miscellaneous Revenue Specific Fund Reserves Fund 909 Revenue Totals 911 Parks and Recreation Gift Fund Revenue from Local Sources Miscellaneous Revenue Fund 911 Revenue Totals 950 Circuit Court Clerk Technoloav Fund Revenue from Local Sources Charges for Services Fund 950 Revenue Totals Total Budget Revenues Less Interfund Transfers NET BUDGET REVENUES FY 2004-05 Budget 102,446,t04 500,000 102,946,104 6,916,775 6,916,775 3,500,000 3,500,000 19,086,290 19,086,290 3,868,145 3,868,145 7,458,000 7,458,000 5,786,525 5,786,525 10,000 10,000 5,000 12,000 17,000 30,000 30,000 35,000 35,000 1,904,811,861 S05,583,901 1,399,227,960 1 2 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL EST ATE FOR FISCAL YEAR 2005 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 4 Sec, 1, Amount of Levy on Real Estate, 5 There shall be levied and collected for fiscal year 2005 taxes for general purposes on all real estate, 6 including all separate classifications of real estate set forth in the Code of Virginia, not exempt from taxation and 7 not otherwise provided for in this ordinance, at the rate of one dollar twenty-two cents ($1.22) on each one 8 hundred dollars ($100) of assessed valuation thereof. The real property tax rate that has been prescribed in this 9 section shall be applied on the basis of one hundred percentum of the fair market value of such real property, 10 except for public service real property, which shall be on the basis as provided in Section 58.1-2604 of the Code 11 of Virginia. 12 13 14 15 16 Amount of Levy on "Certified Pollution Control Equipment and Facilities" Classified as Real Estate, "Certified Storm Water Management Developments and Property," "Certified Solar Energy Recycling Equipment, Facilities or Devices" Classified as Real Estate, and "Environmental Restoration Sites," Real Estate Improved by Erosion Controls. and Certain Wetlands and Riparian Buffers, Sec,2, 17 In accordance with Sections 58,1-3660 (A), 58.1-3660.1, 58.1-3661, 58.1-3664, 58,1-3665 and 58,1-3666 18 of the Code of Virginia, there shall be levied and collected for general purposes for fiscal year 2005, taxes on all 19 real estate (a) certified by the Commonwealth of Virginia as "Certified Pollutton Control Equipment and Facilities," 20 (b) certified by the Department of Environmental Quality as "Certified Storm Water Management Developments 21 and Property," (c) certified as provided by Code of Virginia Section 58.1-3661 as "Certified Solar Energy 22 Equipment, Facilities or Devices," or "Certified Recycling Equipment, Facilities or Devices," (d) defined by Code of 23 Virginia Section 58.1-3664 as an "Environmental Restoration Site," (e) improved to control erosion as defined by 24 Code of Virginia § 58.1-3665, or (f) qualifying as wetlands and riparian buffers as described by Code of Virginia § 25 58.1-3666, not exempt from taxation, at a rate of one dollar twenty-two cents ($1,22) on each one hundred dollars 26 of assessed valuation thereof. The real property tax rates imposed in this section shall be applied on the basis of 27 one hundred percentum of fair market value of such real property except for public service property, which shall be on the basis as provided in Section 58,1-2604 of the Code of Virginia. 28 29 Sec, 3. Amount of Levy on Real Estate Within the Sandbridge Special Service District. 30 There shall be levied and collected for fiscal year 2005, taxes for the special purpose of providing beach and shoreline restoration and management at Sand bridge on all real estate within the Sand bridge Special Service 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 District, not exempt from taxation, at the rate of twelve cents ($,12) on each one hundred dollars ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this ordinance, The real estate tax rate imposed herein shall be applied on the basis on one hundred percentum of the fair market value of such real property except public service real property, which shall be on the basis as provided in Section 58,1-2604 of the Code of Virginia. Sec, 4. Amount of Levy on Real Estate Within the Town Center Special Service District. For the special purpose of operating and maintaining the parking garage and providing enhanced services for the plaza and public spaces within the boundaries of the service district at the Town Center, as well as other additional services authorized by Virginia Code § 15.2-2403, there shall be levied and collected for fiscal year 2005, taxes on all real estate within the Town Center Special Service District, not exempt from taxation, at the rate of fifty-seven cents ($.57) on each one hundred dollars ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax set forth in Section 1 of this ordinance. The real estate tax rate imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real property except public service real property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. See,S. Severability. If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. 50 Sec. 6, Effective date, 51 The effective date of this ordinance shall be Juiy 1, 2004, Adopted by the City Council of the City of Virginia Beach, Virginia on this 11th day of May, 2004, 52 53 Requires an affirmative vote by a majority of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFiCIENCY: H~U. ~~ CA-9156 R-1 April 10,2004 1 2 3 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR 2005 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, ViRGiNIA: Sec,1, Amount of Levy on Tangible Personal Property, 6 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and collected for 7 general purposes for the calendar year 2005 on all tangible personal property, including all separate 8 classifications of personal property set forth in the Code of Virginia, not exempt from taxation and not otherwise 9 provided for in this ordinance, at the rate of three dollars and seventy cents ($3.70) on each one hundred dollars 10 ($100) assessed valuation thereof. 11 Specific categories of personal property taxed at this rate include, but are not limited to, the following: 12 a. aircraft and flight simulators as described in Code of Virginia § 58.1-3506 (A) (2) and (3) ; antique motor vehicles as described in Code of Virginia § 58.1-3506 (A) (4); 13 b. 14 c. heavy construction equipment as described in Code of Virginia § 58.1-3506 (A) (6) ; computer equipment as described in Code of Virginia § 58.1-3506 (A) (9) ; and 15 d, 16 e, tangible personal property as described in (a) Code of Virginia § 58.1-3660 as "certified pollution 17 control equipment and facilities" or (b) Code of Virginia § 58,1-3661 as "certified solar equipment, facilities or 18 devices and certified recycling equipment, facilities or devices." 19 Sec, 2. Amount of Levy on Manufactured Homes, 20 In accordance with Section 58.1-3506 (A) (8) of the Code of Virginia, there shall be levied and collected 21 for general purposes for the calendar year 2005 taxes on all vehicles without motive power, used or designated to 22 be used as manufactured homes, as defined by Section 36-85.3 of the Code of Virginia, at the rate of one dollar 23 twenty-two cents ($1.22) on each one hundred dollars ($100) of assessed valuation thereof. 24 Sec, 3. Amount of Levy on All Boats or Watercraft Weighing Five Tons or More, 25 in accordance with Section 58.1-3506 (A) (1) of the Code of Virginia, there shall be levied and collected 26 for general purposes for the calendar year 2005 taxes on all boats or watercraft weighing five (5) tons or more, 27 except as provided for in Section 5 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one 28 hundred dollars ($100) of assessed valuation thereof. 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Sec, 4, Amount of Levy on Machinery and Tools, In accordance with Section 58.1-3507 of the Code of Virginia, there shall be ievied and collected for general purposes for the calendar year 2005 taxes on machinery and tools, including machinery and tools used directly in the harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at the rate of one dollar ($1.00) on each one hundred dollars ($100) of assessed valuation thereof. As provided by Code of Virginia § 58.1-3506 (B) , the following personal property shall also be taxed at the rate of machinery and tools: a. all tangible personal property used in research and development businesses, as described in Code of Virginia § 58.1-3506 (A) (5): b, generating or cogenerating equipment, as described in Code of Virginia § 58.1-3506 (A) (7) ; and c. all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more used to transport property for hire by a motor carrier engaged in interstate commerce, as described in Code of Virginia § 58.1-3506 (A) (7) . Sec, 5, Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only, In accordance with Sections 58.1-3506 (A) (10) , (A) (26) , and (A) (27) of the Code of Virginia, there shall be levied and collected for general purposes for the calendar year 2005 taxes on all privately owned pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent ($,000001) on each one hundred dollars ($100) of assessed valuation thereof. Sec. 6, Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers, and Motor Homes Used for Recreational Purposes Only, and Privately Owned Horse Trailers. 49 In accordance with Sections 58.1-3506 (A) (16) and (A) (28) of the Code of Virginia, there shall be levied 50 and collected for general purposes for the calendar year 2005 at the rate of one dollar and fifty cents ($1.50) on 51 each one hundred dollars ($100) of assessed valuation thereof on the following property: (a) all privately owned 52 camping trailers and motor homes as defined in Section 46.2-100 of the Code of Virginia and privately owned 53 travei traiiers as defined In Code of Virginia § 46.2-1900, that are used for recreational purposes only; and (b) 54 privately owned trailers as defined in § 46.2-100 of the Code of Virginia that are designed and used for the 55 transportation of horses, except those trailers described in subdivision (A) (11) of § 58.1-3505 of the Code of 56 Virginia. 57 Sec. 7, Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran, In accordance with Section 58.1-3506 (A) (17) of the Code of Virginia, there shall be a reduced tax, levied 58 59 and collected for general purposes for the calendar year 2005 at the rate of one dollar and fifty cents ($1.50) on 60 each one hundred dollars ($100) of assessed valuation, on one (1) motor vehicle owned and regularly used by a 61 veteran who has either lost, or lost the use of, one or both legs, or an arm or a hand, or who is blind, or who is 62 permanently and totally disabled as certified by the Department of Veterans' Affairs, Any motor vehicles in 63 addition to the one (1) so taxed shall not qualify for the taxation at the rate established herein, and shall be taxed 64 at the rate or rates applicable to that class of property. To qualify, the veteran shall provide a written statement to 65 the Commissioner of the Revenue from the Department of Veterans' Affairs that the veteran has been so 66 designated or classified by the Department of Veterans' Affairs as to meet the requirements of Section 58.1-3506 67 (A) (17), and that his or her disability is service connected. 68 69 See, 8, Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least Sixty- Five Years of Age or Anyone Found to be Permanently and Totally Disabled, 70 In accordance with Sections 58,1-3506.1 et seq, of the Code of Virginia, there shall be a reduced a. 71 tax, levied and collected for general purposes for calendar year 2005, at the rate of three dollars ($3.00) on each 72 one hundred dollars ($100,00) of assessed valuation, on one (1) automobile or pickup truck owned and used 73 primarily by or for anyone at least sixty-five years of age or anyone found to be permanently and totally disabled, 74 as defined in Section 58.1-3506.3 of the Code of Virginia, subject to the following conditions: 75 1. The total combined income received, excluding the first $7,500 of income, from all sources 76 during calendar year 2004 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars 77 ($22,000). 78 2. The owner's net financial worth, including the present value of all equitable interests, as of 79 December 31 of calendar year 2004, excluding the value of the principal residence and the land, not exceeding 80 one (1) acre, upon which it is situated, shall not exceed seventy thousand dollars ($70,000). 81 3. All income and net worth limitations shall be computed by aggregating the income and 82 assets, as the case may be, of a husband and wife who reside in the same dwelling and shall be applied to any 83 owner of the motor vehicle who seeks the benefit of the preferential tax rate permitted under this ordinance, 84 irrespective of how such motor vehicle may be titled. 85 86 87 88 89 90 91 92 93 94 95 96 97 98 b. Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or over or if either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have been satisfied. See, 9, Assessed Value Determination, In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the above sections shall be assessed at actual fair market value, to be determined by the Commissioner of the Revenue for the City of Virginia Beach. See, 1O, Severability, If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance, See, 11, Effective Date, This ordinance shall be effective January 1, 2005. Adopted by the Council of the City of Virginia Beach, Virginia, on this 11th day of May, 2004. Requires an affirmative vote by a majority of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~/~~ÁÆ ~~~~ ity Attorney's Offic ~O-. CA-9155 R-2 April 20, 2004 1 2 3 4 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE EXEMPTION OR DEFERRAL OF REAL ESTATE TAXES FOR ELDERLY OR DISABLED PERSONS BY INCREASING INCOME AND NET WORTH LIMITS 6 SECTIONS AMENDED: §§ 35-64 AND 35-67 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 7 That Sections 35-64 and 35-67 of the City Code are hereby amended and reordained to read as follows: 9 (a) Sec, 35-64, General prerequisites to grant; effect of residency in hospital, nursing home, etc, Either the exemption, deferral or freeze, but not more than one (1), as provided for in this division 8 10 shall be granted to persons subject to the following provisions: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (1) The title to the property for which exemption, deferral or freeze is claimed is held, or partially held, on June thirtieth immediately preceding the taxable year, by the person or persons claiming exemption, deferral or freeze and is occupied as the sole dwelling of such person or persons, (2) The head of the household occupying the dwelling and owning title or partial title thereto or either spouse in a dwelling jointly held by a husband and wife is either permanently and totally disabled or is sixty-five (65) years of age or older on June thirtieth of the year immediately preceding the taxable year; provided, however, that a dwelling jointly held by a husband and wife may qualify if either spouse is over sixty-five (65) years of age. (3) For the tax exemption programs, the total combined income received from all sources during the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not exceed twenty se>.<eff ill9:!J! thousand ~ two hundred dollars ($27,699.99) ($28,200.00) provided that the first eight thousand five hundred dollars ($8,500,00) of income of each relative, other than a spouse of the owner, who is living in the dwelling, shall not be included in such total: and provided further that the first seven thousand five hundred dollars ($7,500.00) or any portion thereof of income received by a permanently and totally disabled owner shall not be included in such total. (4) For the tax freeze program, the total combined income received from all sources during the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their 10 11 12 13 14 15 1 2 3 4 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO SUBMIT AN ANNUAL FUNDING PLAN TO THE U,S, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 5 WHEREAS, the United States Congress has established legislation designated as the Housing and 6 Community Development Act of 1974 that sets forth the development of viable urban communities as a national 7 goal: 8 WHEREAS, there is federal assistance available for the support of Community Development and Housing 9 activities directed toward specific objectives, such as eliminating deteriorated conditions in low and moderate income neighborhoods that are detrimental to the public health, safety, and welfare, as well as improving the City's housing stock and community services, along with other related activities; and WHEREAS, as a prerequisite to receiving the above-referenced federal assistance, the City of Virginia Beach has developed an Annual Funding Plan for submission to the Department of Housing and Urban Development and has created the necessary mechanisms for its implementation in compliance with federal and locai directives. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 17 18 That the City Manager is hereby authorized and directed, as the executive and administrative head of the 19 City, to submit the City's FY 2005 Annual Funding Plan (the "Plan") and amendments thereto, along with 20 understandings and assurances contained therein and such additional information as may be required, to the 21 Department of Housing and Urban Development to permit the review, approval, and funding of the Plan. Adopted by the Council of the City of Virginia Beach, Virginia, on this 11'h day of May, 2004. 22 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B~Q,~~ Department of Management 1 Services ~ s:: $-- ;fr City Attornef$ Office /. CQ.-C\\50 31 32 33 34 35 36 37 38 39 (5) 40 41 42 43 (6) 44 45 46 47 48 (7) 49 50 51 52 53 54 55 56 57 58 principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not exceed forty.Q!!!Z thousand ~ five hundred dollars ($4Q,êQQ,9Q) ($41 500.00); provided that the first eight thousand five hundred dollars ($8,500.00) of income of each relative, other than a spouse of the owner, who is living in the dwelling, shall not be included in such total; and provided that the first seven thousand five hundred dollars ($7,500,OO) or any portion thereof of income received by a permanently and totally disabied owner shall not be included in such total. For the tax exemption programs, the net combined financial worth, including equitable interests, as of December thirty-first of the year immediately preceding the taxable year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land (not exceeding one acre) upon which it is situated, shall not exceed one hundred ~ thirtv-four thousand ¡¡iRe seven hundred dollars ($1:31 ,¡)gQ,gQ} ($134,700.00), For the tax freeze program, the net combined financial worth, including equitable interests, as of December thirty-first of the year immediately preceding the taxable year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land (not exceeding one acre) upon which it is situated, shall not exceed one hundred ~ thirtv- four thousand ¡¡iRe seven hundred dollars ($131 ,ggg.QQ) ($134,700.00\. For the tax deferral program, the total combined income received from all sources during the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not exceed fifty-two thousand dollars ($52,000.00) provided that the first eight thousand five hundred dollars ($8,500.00) of income each relative, other than a spouse of the owner, who is living in the dwelling, shall not be included in such total; and provided further that the first seven thousand five hundred dollars ($7,500.00) or any portion thereof of income received by a permanently and totally disabled owner shall not be included in such total. (8) For the tax deferral program, the net combined financial worth, including equitable interests, as of December thirty-first of the year immediately preceding the taxable year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land (not 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 exceeding one acre) upon which it is situated, shall not exceed one hundred ninety-five thousand dollars ($195,000.00). (9) The dwelling is occupied. Sec. 35.67, Amount of exemption, When a person claiming exemption under this division conforms to the standards and does not exceed the iimitations contained in this division, the tax exemption shall be as shown on the following schedule: Total income, All Sources $9,Q9 29,399.99 $0.00 - 20 700.00 $20,700.01 - 22.400.00 29,399,91 21,999.91 21,999.99 23,499,99 $22400,01 - 23 900.00 $23,900,01 - 25 400.00 23,409,91 24,999,91 24,909.00 27,ê99,90 $25400,01 - 28 200.00 No lien shall accrue as a result of the amount certified as exempt. Tax Exemption 100% 80% 60% 40% 20% BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2004. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11th day of May, 2004. A~"~ Management Services CA-9201 R-1 April 2, 2004 APPROVED AS TO LEGAL SUFFICIENCY ~ff:: ~ ~ , (fë 1 2 3 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE LODGING TAX BY EXTENDING ITS SUNSET PROVISIONS TO MAINTAIN THE TAX AT ITS CURRENT AMOUNT 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 That section 35-159 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained 6 to read as foilows: 7 Sec. 35-159, Levied; Amount 8 (a) There is hereby levied and imposed on each transient a tax equivalent to eight (8) percent of the total 9 amount paid for lodging, by or for any such transient, to any lodging place, plus a flat tax of one doilar 10 ($1.00) for each night of lodging at any lodging place other than a campground, The percentage-based 11 portion of the tax rate shail be reduced by one-half (0.5) percent on July 1, ~ 2008 and further 12 reduced by an additional two and one-half (2.5) percent on June 30, 2027. The flat tax shall remain in 13 effect through June 30, ~ 2008. 14 (b) There is hereby levied and imposed on each transient within the Sand bridge Speciai Service District 15 (district) a tax, in addition to that levied in subsection (a) hereof, equivalent to two and one-half (2.5) 16 percent of the total amount paid for lodging within the district, by or for any such transient to any lodging 17 place, exciuding hoteis, motels and travel campgrounds. 18 Comment: 19 20 The sunset provisions that would have (1) lowered the percentage-based portion of the rate and (2) eliminated the flat tax are extended for four more years, 21 Adopted by the Council of the City of Virginia Beach, Virginia, on this 11th day of May, 2004. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: JJ~Q- Management Services ~144~4~ ~~, ((( ity Attorney s 0 Ice / CA-9202 R-1 Aprii 2, 2004 10 11 12 13 14 15 16 20 AN ORDINANCE TO REVISE THE CITY'S FUND BALANCE POLICY 2 WHEREAS, in FY 1986-87, City Council adopted the current Fund Balance Policy, which provides for the 3 retention in the General Fund of an undesignated amount not less than the range of seventy-five (75) to one 4 hundred (100) percent of the budget for city and school debt service payments for the foHowing fiscal year, with 5 such funds reserved for contingencies and emergency situations; 6 WHEREAS, a recent survey of various municipalities in Virginia and throughout the nation demonstrates 7 that the more common practice is to retain a fund balance that is based upon a percentage of either revenues or 8 expenditures; and 9 WHEREAS, the standards of national financiai organizations and ratings agencies such as the Government Finance Officers Association, the International City/County Managers Association, and Standard and Poor's recommend establishing the level of fund balance as a percentage of operating revenues or expenditures. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA; 1. That the Fund Balance Policy is hereby revised and established as foHows: (a) the City shaH maintain a General Fund undesignated fund balance of 8% to 12% of the foHowing year's budgeted revenues; 17 (b) in the case of a municipal emergency, an appropriation of the General Fund undesignated fund 18 balance may be made that results in the General Fund undesignated fund baiance faHing below 19 the minimum 8%; however, at such time the City Manager, or his designee, shall submit a written plan to the Council for restoring the fund balance to the required level as soon as possible; and 21 (c) excess fund balance may be appropriated to (i) increase funding in the Capital Improvement 22 Program for the renewal, replacement, expansion, and addition of public facilities, (ii) repiace debt 23 financing, or (Iii) fund one-time purchases. 24 BE IT FURTHER ORDAINED: That the effective date of this ordinance shaH be July 1, 2004, 25 Adopted by the Council of the City of Virginia Beach, Virginia on the 11th day of May 2004. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: iJ~ Q. I~ Department of Management Services I S'~ L MMMM'V! 1M ~) 7r City Attorney' Office CA-9154 R-1 April 10,2004 10 11 12 13 14 15 16 17 18 19 20 1 2 3 AN ORDINANCE TO AMEND THE FUNDING SOURCES FOR THE AGRICULTURE RESERVE PROGRAM BY LOWERING THE AMOUNT OF REAL ESTATE TAX REVENUE 4 WHEREAS, on May 9, 1995, the City Council adopted the Agricultural Lands Preservation Ordinance, 5 establishing the Agricultural Reserve Program (the "Program") for the preservation of agricultural lands within the 6 City, and the City Council initially dedicated a one and one-half cent increase in the real estate tax to finance the 7 Agricultural Reserve Program; and 8 WHEREAS, a financial analysis indicates that the dedicated amount of real estate tax can be lowered 9 from one and one-half cents to one cent, and this revenue stream will be sufficient to meet current and projected obligations of the program, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, subject to appropriation, the following revenue sources will be used to pay the costs of the Agricultural Reserve Program: 1. One cent of the Real Estate Tax; 2. Such other General Fund Revenues as may be committed by City Council in support of the Agricultural Reserve Program: and 3, Agricultural Reserve Program Fund Balance and any other revenues attributable to the Special Revenue Fund. Adopted by the Council of the City of Virginia Beach, Virginia, on this the 11th day of May, 2004. AI5~Q~~ Management Services APPROVED AS TO LEGAL SUFFICIENCY ¡ C-c 111M~ ,.¡.v G2é ity Attorney's Offi~~ CA-9203 R-1 April 2, 2004 1 2 AN ORDINANCE AMENDING THE CITY CODE TO ELIMINATE THE IMPOSITION OF INTEREST ON DEFERRED REAL ESTATE TAXES 3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 4 That section 35-67.1 of the Code of the City of Virginia Beach, Virginia is hereby amended and 5 reordained to read as follows: 6 Sec. 35-67,1 Amount of deferral; payment of accumulated deferred taxes, 7 (a) The person or persons qualifying for and claiming deferral shall be allowed to defer payment of 8 one hundred (100) percent of all real estate taxes assessed by the city against his/their real estate until payment 9 becomes due as provided by subsection (b) herein below. 10 (b) The accumulated amount of taxes deferred shall be paid, plUE ei¡¡nt (8) perseRt intereEt per 11 anRum en the aR'leuRt S6 aelerrea witA6ut penalty, to the treasurer of the city or to the clerk of the circuit court, as 12 the case may be, by the vendor upon the sale of the dwelling, or from the estate of decedent within one year from 13 the death of the last owner thereof who qualifies for tax deferral by the provisions of this division. Such deferred 14 real estate taxes shall constitute a lien upon the real estate as if they had been assessed without regard to the 15 deferral permitted by this division; provided, however, that such liens shail, to the extent that they exceed the 16 aggregate ten (10) percent of the price for which such real estate is sold, be inferior to all other liens of record, 17 (c) No later than the first day of August of the third anniversary of the original due date had such 18 taxes not been deferred as provided herein, the treasurer shall certify to the clerk of the circuit court a list of all 19 real estate against which deferred taxes are still outstanding, and the clerk shall cause such deferred taxes to be 20 recorded as a lien against the respective real estate as liens are customarily recorded and to be marked as 21 deferred. 22 Comment: 23 24 The proposed amendment eliminates the existing requirement for interest to be imposed on deferred real estate taxes, 25 BE IT FURTHER ORDAINED: That this ordinance shall be effective on Juiy 1, 2004. Adopted by the Council of the City of Virginia Beach, Virginia, on this 11th day of May, 2004. 26 APPROVED AS TO LEGAL SUFFICIENCY 4~AA~' .'1( 'City Attorney's e V APPROVED AS TO CONTENT CA-9200 R-1 April 2, 2004 10 11 12 13 14 15 16 1 2 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO PROVISION OF AUTOMATED REFUSE RECEPTACLES 3 SECTION AMENDED: § 31-15 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 That section 31-15 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained 6 to read as follows: 7 Sec. 31-15, Provision of automated refuse receptacles. 8 (a) It shall be the responsibility of owners of residential structures located in areas of the city serviced by 9 the automated collection system to provide automated refuse receptacles. (b) Within thirty (30) days of the date of occupancy of a new structure located in any such area, the owner or occupant thereof shall provide an automated refuse receptacle. (6) WheRe"er an a~tamalaa rel~&a reGeptaGle is p~rGha&aa fram the Gity Ihe priGe af the reGaptaGle sRali Be basea an tRe lalal Gast af the raGeptaGle la tRe sity. The citv shall make automated refuse receptacles available for sale to homeowners who are residents of the city. The fee for each receptacle shall be seventY-five dollars ($75.00\. which shall be paid to the city before the receptacle is provided. 17 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2004, Adopted by the Council of the City of Virginia Beach, Virginia, on this 11th day of May, 2004. 18 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY J:jG~ Q .~ Management Services k..r_<_--- J rr- / rJl;- City Attorney's OfflC!é CA-~ R-1 April 2, 2004 1 2 3 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO YARD WASTE CONTAINERS BY ESTABLISHING A THIRTY DOLLAR FEE 4 SECTION AMENDED: § 31-35 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 6 That section 31-35 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained 7 to read as follows: 8 Sec, 31-35, Use of yard waste containers, 9 The city shall make available to those homeowners who are residents of the city a yard waste container~ 10 which shall be picked up and delivered by city employees. There shall be a fee of ¡"'eAty fiHe !!:lli:!Y dollars 11 ~ ($30.00), which shall be paid to the city before the container is delivered, for the use of a yard waste 12 container for a 24-hour period. The city employees shall deliver and place the yard waste container on the 13 property of the homeowner of an occupied dwelling who has requested the yard waste container. Deliveries made 14 on Fridays shall be picked up on Monday. Prior to delivery of the yard waste container, the homeowner shall sign 15 a statement which shall state: 16 (1) That he is not a contractor and that his need arises from his homeownership: 17 (2) That the yard waste container shall only be used for tree limbs, leaves, shrubbery, grass trimmings 18 and yard debris: 19 (3) That he will not place hazardous waste, stumps, building and construction materials or other bulky 20 items within the yard waste container: 21 (4) That he will not fill the load above the top of the container; and 22 (5) That he will release the city from liability for any damages resulting from city equipment or personnel 23 being on private property to deliver or remove the yard waste container. 24 (6) That he will be responsible for any injuries and/or damages that result to individuals using the 25 container or directly to the container while being used by the homeowner. 26 (7) That he will reimburse the city for any costs associated with the handling and disposal of any material 27 or items placed in the yard waste container in violation of any of the provisions of this section. 28 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1,2004. Adopted by the Council of the City of Virginia Beach, Virginia, on this 11th day of May, 2004, 29 APPROVED AS TO CONTENT: ~~M~;'~ CA-9157 R-1 April 10,2004 APPROVED AS TO LEGAL SUFFICIENCY: 5! City Attorney's Office 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO ENCROACHMENTS BY INCREASING THE APPLICATION FEE 3 SECTION AMENDED: § 33-113 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 4 5 That section 33-113 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained 6 to read as follows: 7 Sec, 33-113, Application; processing fee, 8 Applications for encroachments into public streets and other public ways, places or property shall be 9 made to the department of public works. A fee of ane RlJRarod two hundred fifty dollars ~ ($250,00\ shall be paid to the city for the processing of an application for an encroachment into any public street or other public way, place or property. The director of public works or his authorized representative shall not accept any application unless such fee be paid at the time the application is filed. The department of public works is hereby authorized and directed to prepare and adopt a procedure for the processing of such applications and the reporting to city council of any detrimental effect which a requested encroachment may have on the public health, safety, welfare or interest. City council may deny or grant permission to encroach subject to such terms and conditions as city council may, in its discretion, deem proper. Notwithstanding any other provision of law, city council shall deny any encroachment request it determines, in its discretion, to be detrimental to the public health, safety, welfare or interest. Permission by city council granted hereunder to any person to construct and maintain an encroachment into any public street or other public way, place or property shall not relieve such person or encroachment of complying with all other applicable laws, regulations and requirements. Comment: The proposed ordinance increases the application processing fee for encroachments from one hundred fifty dollars ($150) to two hundred fifty dollars ($250), BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2004. Adopted by the Council of the City of Virginia Beach, Virginia, on this 11th day of May, 2004. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: BmvJQ ~~~,~ City Attorney's Offi (!.~- a.\'5:> 10 11 12 13 14 15 16 1 2 3 4 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE DISPOSITION OF UNCLAIMED ANIMALS BY REVISING THE FEE SCHEDULE AND REQUIRING SPAYING OR NEUTERING PRIOR TO ADOPTION 5 SECTION AMENDED: § 5-14 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 6 7 That Section 5-14 the City Code is hereby amended and reordained to read as follows: 8 See, 5-14, Disposition of unredeemed animal. 9 If a dog or cat impounded under this article is not claimed by its owner within five (5) days, it shall be disposed of in accord with the provisions of section 3.1-796.96 of the Code of Virginia. In the event a!JY rasiaent et tRe Gity Derson proposes to adopt such dog or cat, pursuant to such section, he shall pay a fee net te eJIGeaa fifty aellars ($áQ.9()) of twentv-five dollars ($25.00) for doas: twentv dollars ($20.00) for cats: and fifteen dollars ($15.00) for all other animals te 8e aelermiRea aamiRislraliHely 8Y the Gity f!1aAa§8F to cover the cost of transfer, seizure and veterinary care for the ~ animal. The person desiring to adopt the ~ animal shall sign an adoption contract agreeing to abide by the rules and regulations of the bureau of animal control, aRa sRall RaHa tRe €leg er Gat Anv unaltered animal must be 17 spayed or neutered witRiR a tiF'Ae ¡¡eriea aaF'AinistratiHely set by the bureau of animal control Drior to 18 adoDtion for an additional fiftv dollar ($50,00) fee to cover the cost of the Drocedure. whiGh tiF'Ae ¡¡eriea 19 shall net 8e less tRat tRiFly (ag) €lays. U¡¡en ¡¡rea"'Ging proef tRat tRe €leg er Gat has 8eeR s¡¡ayea er 20 no",terea, the persen may 8e entitlea te a reluna et all er ¡¡art of tRe a8euementienea fee, he aF'Ae"'nt ef 21 saia ret",na, if any, te 8e aeterminea 8Y tRe Gity manager er his a",ly a",tRerizea ageR!. Fail",re te neue tRe 22 €Ie€! er Gat S¡¡ayea er Re",terea in aGGera "'itR this seGtieR shall eenstill.lle a Class 4 F'AisaeF'Aeaner. Such 23 person shall, in the Gase ef a €Ie€!, obtain a proper license for s"'Gh a €leg, the animal pursuant to article III 24 of this chapter within ten (10) days of such IfaRsfef adoption. 25 Comment: 26 27 28 The ordinance sets a specific fee for the adoption of animals (instead of authorizing a fee of up to $50,00), It also requires that animals be spayed or neutered prior to adoption, 29 BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2004, Adopted by the City Council of the City of Virginia Beach, Virginia, on this 111h day of May, 2004. 30 APPROVED AS TO CONTENT: .ß~~~œ' ~ APPROVED AS TO LEGAL SUFFICIENCY: ~L~~ Cit orney s Office CA-92204 R-1 April 10,2004 1 2 3 4 5 6 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE DISPOSITION OF DEAD ANIMALS SECTION AMENDED: § 5-14 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 5-14 of the City Code is hereby amended and reordained to read as follows: Sec. 5-14. Disposition of dead animals generally, 7 The owner of any animal which has died from disease or other cause shall forthwith cremate or bury or 8 dispose of the remains of such animal in a manner authorized by law. If the owner of such animal fails to 9 do so, the general district court, after providing notice to the owner, if he can be ascertained, shall order such dead animal to be cremated or buried or disposed of in a manner authorized by law by the bureau of animai control~ The court shall require the owner to pay the City Treasurer the sum of teA twenty dollars ~ ($20.00) for any small animal such as a hog, sheep, dog, cat or goat and, for anv other larDer animal that can be cremated or buried or disposed of by the bureau, the sum of seventy-five dollars ($75.00), free of all encumbrances in favor of such owner. COMMENT The proposed ordinance increases the amount for disposing of small animals from ten dollars ($10,00) to twenty dollars ($20,00), BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2004. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11th day of May, 2004. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~te~iF- CA-9199 R-3 April 8, 2004 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO AMEND THE CITY SITE ORDINANCE, PERTAINING TO THE ADOPTION OF FOR SINGLE-FAMILY RESIDENTIAL SITE REVIEW, SITE PLAN REVISIONS, AND OTHER PLAN REVIEW. PLAN FEES PLAN SITE SECTIONS AMENDED: § 3, Appendix C, Site Plan Ordinance BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 That Section 3 of the City Site Plan Ordinance is hereby 13 amended and reordained, to read as follows: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Sec. 3. Procedures. 3.2. Procedure for site development plan approval: A.2. At the time the site development plan is presented, the following fees shall be due and payable: (a) Residential site plan for two (2) or more residences: One thousand fourteen dollars ($1,014.00) plus thirty dollars ($30,00) per unit after the first five (5) residential units, (b) Nonresidential site plan: One thousand three hundred fifty-six dollars ($1,356.00) plus one hundred two dollars ($102,00) per acre. (c) Duplex site ($560.00) . Five plan: hundred sixty dollars (d) There DRall be Ð6 A site plan review fee in the amount of seventy-five dollars ($75.00) shall be required Ditc pL:m rc'.rie.. fee charged for a site plan encompassing only one single-family dwelling unit not located in a Chesapeake Bay Preservation Area, For single-family dwellings and additions and other residential structures requiring a plan of development pursuant to Section 107 of the Chesapeake Bay Preservation Area Ordinance, there shall be a fee in the amount of two hundred eighty dollars ($280,00); provided, however, that if the agent determines that such plan of development may be subject to abbreviated review, there shall be a 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 fee in the amount of one hundred thirty-five dollars ($135,00). ill Land Management Plan: One Hundred Twenty-Five dollars ($125.00). (e!.J There shall be fiG reoubmissiGn fee fer any oitc plan rcouJsmittcd \Jithifi sixty (60) dayo of the èate of complctiGR of the prior revic\J. If an applicant, at any time during site plan rev:rew;- submits a review, submits a revised plan or portion thereof, field change or makes a change to the plan under review not at the request of the City of Virginia Beach, such revision shall be accompanied by a fee of one hundred sixty-eight dollars ($168.00) per sheet that is revised or changed, A.3. At the time any other type of site plan is submitted a review fee in the amount of seventy-five dollars ($75,00) shall be required. All fees shall be payable to the city treasurer. COMMENT These amendments adopt fees in the Site Plan Ordinance for the following:. 1) Site plan review for single-family dwelling - $75.00. 2) Land management plan - $ 125.00. 3) Revisions, not at City's request - $168.00 per sheet changed. 4) Other site plans review - $75.00. These fees are justified by the staff time involved for review of the items involved. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2004. CA-9169 GG/ORDRES/PROPOSED/Site Plan Ord.doc R7- May 4, 2004 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: ~ Plann~ng ~.S".o~ ti~ City Attorney's Office 2 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO AMEND THE SUBDIVISION REGULATIONS, PERTAINING TO FEES FOR CONSTRUCTION PLANS, FINAL SUBDIVISION PLATS, PLAT REVISIONS, AND SUBDIVISIONS PLATS THAT DO NOT CREATE ADDITIONAL LOTS. § Appendix B, Subdivision 8.1, SECTIONS AMENDED: Regulations BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 That Section 8.1 of the City Subdivision Regulations is hereby 14 amended and reordained, to read as follows: 15 Appendix B 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Sec. 8.1. Plat fees. 3.2. Procedure for site development plan approval: (b) At the time construction plans are submitted for residential subdivisions of six (6) or more lot plats or for any nonresidential subdivisions, the following fees shall be due and payable from the effective date of this ordinance [July 1, 1999]: Two hundred teR fifty-two dollars ($2-3Æ252 , 00) plus occnty eighty-four dollars ($~84.00) per hundred (100) linear feet of roadway. (c) At the time final subdivision plats are submitted, the following fees shall be due and payable from the effective date of this ordinance [July 1, 1999]: ( 1) Residential six (6) or more lot plats: ~ Five hundred ninety-£4¥efour dollars ($495594,00) plus ~eight dollars ($~~.OO) per lot after the first five (5) lots. (2) Nonresidential plats: ~Five hundred eighty- £4¥etwo dollars ($4£5582,00) plus forty fi~cfifty- four-aQllars ($4554.0~per lot. 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 (d) If an applicant, at any time during subdivision review, submits a review, submits a revised plan or portion thereof, field change or makes a change to the plan under review not at the request of the City of Virginia Beach, such revision shall be accompanied by a fee of one hundred ~sixty-eight dollars ($~168.00) per sheet that is revised or changed, (e) If a subdivision plat does not create a greater number of lots, such plat when submitted shall be accompanied by the following fees: (1) plat: £c.cntyEight-four dollars (2) Residential ($'7-G84.00) , Nonresidential plats: ~Three hundred ~ thirty-six dollars ($2*&336:OO¡-:- Amended because of error or omission: Eighty-four dollars ($84.00) ill (f) When a plat is submitted encompassing land within a community development target area, no plat fee shall be due from property owners who qualify as low and moderate income as determined by the secretary of housing and urban development or by the Virginia Housing Development Authority under one or more of their rental assistance or homeowner mortgage programs, Through agreement with the ci ty, waiver of plat fees may also be provided to builders who are building under the aforementioned programs for low and moderate income families, (g) All fees shall be payable to the city treasurer. COMMENT These amendments increase the fees in the subdivision ordinance for the following: 1) Construction plans from $210.00 to $252.00 plus from $70.00 to $84.00 per 100 linear feet of roadway. 2) Final subdivision plats: a) for 6 or more lots: from $495.00 to $594.00 plus from $6.00 to $8.00; b) nonresidential: from $485.00 to $582.00 plus from $45.00 to $54.00 per lot. 3) Revisions not requested by the City: $168.00 per sheet. 4) Subdivision plats that do not create additional lots: a) Residential: $84.00; b) nonresidential: $336.00; c) error/omission: $84.00. The increases in fees are justified by the staff time involved in review of the applications. Adopted by the City Council of the City of Virginia Beach, Virginia, on this ---- day of , 2004. 2 CA-9168 GGjORDRESjPROPOSEDjSub Regs Ord,doc R5- May 4, 2004 APPROVED AS TO CONTENTS: 1 ,~ P ann~ng 5-~-O'" APPROVED AS TO LEGAL SUFFICIENCY: ~- Ü91~~ Ci Attorñey's Office 3 1 2 3 4 5 6 7 8 AN ORDINANCE TO AMEND CHAPTER 6 OF THE CITY CODE, PERTAINING TO THE ADOPTION OF FEES FOR PERMITS FOR DREDGING OR FILLING WATERS, MARSHLANDS AND LOWLANDS, SECTION ADDED: § 6-152.5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Section of Beaches, and Chapter 6, Boats 6-152.5 11 Waterways is hereby added to read as follows: 12 13 14 Sec. 6-152.5. Fee. (a) The fee for a permit required by this article shall be 15 one hundred dollars ($100.00). 16 COMMENT 17 18 19 20 21 22 This amendment establishes a fee of $100.00 for a dredging or filling permit. This permit fee is justified by the staff review time involved in processing the application. Adopted by the City Council of the City of Virginia Beach, Virginia, on this ---- day of , 2004. CA-9164 GGjORDRESjPROPOSEDj06-152.50rd,doc R3 - March 11, 2004 APPROVED AS TO CONTENTS: Planni~ ;~Iz.-Ø'f APPROVED AS TO LEGAL SUFFICIENCY: ~l(\)~~ ) City Attorney's Office 1 2 3 4 5 6 7 8 AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE, PERTAINING TO APPLICATION FEES AND TO ADOPT A FEE FOR DEFERRAL OF AN APPLICATION. SECTIONS AMENDED: §§ 1403 and 1603 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Sections 1403 and 1603 of the City Zoning Ordinance is 11 hereby amended and reordained, to read as follows: 12 Wetlands Zoning Ordinance 13 14 15 16 Sec. 1403. Applications for permits. 17 (c) A nonrefundable processing fee to cover the cost of 18 processing the application accompany each permit application. Such 19 fee shall be in an amount to oe.en tenths of Oile (0,7) percent of 20 the tot;ll construction value of the permit item for commercial 21 ;lpplications, ,:ith a minimum fee of two hundred dollars ($200.00) 22 plus the cost of advertisement ;lnd ;l maJÜmum fee of t",:ent) fi-,.e 23 hundred doll;lrs ($2,500.00), ;lnd one quarter of one (0.25) percent 24 of the tot;ll construction 7alue of the permit item for residential 25 ;lpplic;ltions, ",lith Q minimum fee of one hundred dollars ($100,00) 26 ;lnd a m;lximum fee of one thousand dollarc (~l,OOO,OO). Such fees 27 shall apply to original applications, including after-the-fact 28 applications, and to reapplications. A fee in an amount of one 29 30 31 32 33 34 35 36 hundred dollars ($100.00) shall be required for deferral of an application unless waived by the Board, Coastal Primary Sand Dune Zoning Ordinance Sec. 1603. Applications for pe~its, (c) A nonrefundable processing fee to cover the cost of processing the application shall accompany each permit application. 37 Such fee ohall be in an amount equal to seven tentho of eRe (0.7) 38 percent ef the total cenotruction ,alue ef the permit item fer 39 commercial applicatiens, ,.ith a minimum fee of in an amount of two 40 hundred dollars ($200.00) plus the cost of advertising. afià-a 41 maJdmum fee ef t..:eRty fi-;e hundreà dollars (;:2,500,00), and ene 42 quarter ef ene (0,25) percent of the tetal eenotruction .alue of 43 the perffiit item for reoiàential applications, ,:ith a minimlliR fee of 44 (;:100.00) (0,900,00) . and 3. maJ(imum fee ef ene theusand one hundreà dellaro apply to original shall 45 dollaro Such fees 46 applications, including after-the-fact-applications, and to re- 47 applications. No person shall be required to file two (2) separate 48 applications for permits if the project to be undertaken will 49 require permits under Section 28.2-1302 of the Code of Virginia and 50 this article. Under those circumstances, the fee shall be 51 established pursuant to this article, A fee in an amount of one 52 hundred dollars ($100.00) shall be required for deferral of an 53 application unless waived by the Board. 2 54 55 56 57 58 59 60 61 62 63 COMMENT These amendments will establish a set fee of $200.00 plus advertising costs for Wetlands and Coastal Primary Sand Dune permits. It also establishes a $100.00 additional fee for applications that are deferred, which can be waived by the Wetlands Board. Adopted by the City Council of the City of Virginia Beach, Virginia, on this ---- day of , 2004. CA- 91 70 GG/ORDRES/PROPOSED/1403.1603CZO,ord.doc R4 - APRIL 14,2004 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: ~ Planning ;ø ç-S'-o,!- City Attorney's Office 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 8 OF THE CITY CODE, PERTAINING TO FEES FOR ADMINISTRATIVE FEES FOR STOPWORK ORDERS, REVIEWS OF COMMERCIAL PLANS, AND RESIDENTIAL WATER AND SEWER CONNECTIONS SECTIONS AMENDED: §§ 8-31 and 8-32 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 8-31 of the City Code is hereby amended and reordained, to read as follows: Sec. 8-31. Permit fees - - Building permits. 17 (c) For the construction of any building or addition thereto where the floor area is increased and for the installation or 19 erection of any industrialized building unit, the fee shall be 20 based on the floor area to be constructed, computed from as 21 exterior building dimensions at each floor, as follows: 22 23 (14) Administrative fee: If any construction, alteration, 24 repair, or other work requiring a permit under this 25 article is commenced before a permit is secured and fee 26 paid for same, an administrative fee of one hundred fifty 27 dollars ($H-e-150.00) shall be added to the fee due. 28 Payment of such administrative fee shall not in any way 29 relieve the violator of any criminal prosecution, 30 31 (20) There shall also be a dcpooit fee review fee in the 32 amount of one hundred dollars ($100,00) for review of 33 commercial plans~ '.:hich shall be applied tm,arào the 34 building fee at the time of ioDuance, 35 COMMENT 36 37 38 39 40 This amendment increases the administrative fee from $100.00 to $150.00 for working without a permit. This fee is justified by the staff time involved in processing the permit. It also establishes a $100.00 fee for review of commercial plans. Sec. 8-32. Saroe--Plumbing permits. 41 (a) The fee for a permit for plumbing work, as required by 42 the building code, shall be thirty dollars ($30.00) and, in 43 addition thereto, the following: 44 (1) Each plumbing fixture, floor drain or tap: Six 45 dollars ($6,00). 46 (2) Each house sewer connection: To,.eRt} fiveThirty 47 dollars ($~30,OO). 48 (3) Each house water connection: T\Jent) fivcThirty 49 dollars ($~30.00). 50 51 COMMENT 52 53 54 55 56 This amendment increases the residential sewer and water connection fees from $25.00 to $30.00, respectively. Adopted by the City Council of the City of Virginia Beach, Virginia, on this ---- day of , 2004. CA-9165 GG/ORORES/pROPOSEO/08-031.ord,doc R3- March 11, 2004 2 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: planning ~ /.,p ~ìl--~..f ~ {J t~J)o\-- City Attorney's Office 3 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 30 OF THE CITY CODE, PERTAINING TO THE FEES FOR EROSION AND SEDIMENT CONTROL PERMITS, PLAN REVIEW AND INSPECTIONS AND TO ADOPT A FEE FOR THE REVIEW OF EASEMENT OR DEDICATION PLATS SECTION AMENDED: § 30-61 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 That Section 30-61 of the City Code is hereby am~nded and 13 reordained, to read as follows: 14 15 16 17 Sec. 30-61. Program administration, plan review and inspection fee. (a) At the time an erosion and sediment control plan is 18 submitted a reasen~ble fee shall be paià, The director of planning 19 or his designee !!\QY determine the amount of fee based upen the 20 antiei:g3atcà costs ~ssociated ',lith the ior3U~nce of grading or l~nd 21 disturbing permit, plan re7ie~" and anticipatcà pcrieàic inopection 22 for eemJ?liancc '.lith the crooion and seàiment control pl~n plan 23 review fee in the amount of one hundred dollars ($100,00) shall be 24 required. Additional fees include a permit fee in the amount of 25 seventy-five dollars ($75.00) and inspection fees in the amount of 26 1. 5% as of the total of construction provided in the cost 27 engineer's cost estimate for the stormwater management facility, 28 with a fifty dollar ($50.00) minimum. Such f.eefees shall be 29 submitted to the director of planning or his designee and made 30 payable to the treasurer of the City of Virginia Beach, 31 ill At the time easement or dedication plats are submitted, a 32 review fee in the amount of eighty-four dollars ($84.00) shall be 33 required. 34 COMMENT 35 36 37 38 39 40 This amendment establishes a $100.00 plan review fee, a $75.00 permit fee and inspection fees based on the cost of the project, for erosion and sediment control permits. All of the fees are justified by the amount of staff time required for review. It also establishes an $84.00 review fee for any easement or dedication plats that may be a part of the project, and submitted as a part of the land-disturbing process. 41 42 Adopted by the City Council of the City of Virginia Beach, Virginia, on this ---- day of , 2004. CA-9166 GGjORDRESjPROPOSEDj30-061.ord.doc R4- March 15, 2004 APPROVED AS TO CONTENTS: 0Jð) Planning ~-r-~~ APPROVED AS TO LEGAL SUFFICIENCY: 2 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 33 OF THE CITY CODE, PERTAINING TO PERMIT FEES FOR WORK ON, OVER, UNDER OR AFFECTING STREETS, AND TO ADOPT A FEE FOR THE REVIEW OF EASEMENT OR DEDICATION PLATS, SECTION AMENDED: § 33-71 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 That Section 33-71 of the City Code is hereby amended and 13 reordained, to read as follows: 14 15 Sec. 33-71. Schedule, 16 (a) Permit, inspection and guarantee fees for work for which 17 a permi t is required by this article shall be required or not 18 required in accordance with the following schedule: Tvoe of Proiect Pennit Fee Insoection Fee Minimum Guarantee Fee (a) One (1) pennit for ~$75.oo Based on 1.5% the total cost of Deposit in accordance with work of a construction as provided in the estimated cost continuing nature engineer's cost estimate, excluding water, sewer and street light costs, with a $50.00 minimum. (b) Logging road, tram ~ $75.00 $50,00 Deposit in accordance with road and other estimated cost temoorarv entrances (c) Cutting, trimming or ~ $75,00 $50.00 $25.00 spraying trees or shrubs (d) Blanket pennit ~ $75.00 $50.00 Deposit in accordance with estimated cost (e) Single- or two- ~ $35.00 $0.00 $0,00 family driveway aprons (I) Work authorized by $75.00 $0.00 $0.00 franchise or certificate of convenience and necessity Resubmittal $75.00 $0.00 $0.00 (g) All other work ~ $75.00 Based on 1.5% of the total cost of Deposit in accordance with construction as provided in the estimated cost engineer's cost estimate, excluding street light costs, with a $50.00 minimum; provided, however, that water and sewer fees shall be based on 10% of the construction cost up to $7500.00 plus \,5% of the construction cost in excess of $7500.00, with a $50,00 minimum. 19 20 ill At the time easement or dedication plats are submitted a 21 review fee in the amount of eighty-four dollars ($84,00) shall be 22 required. 23 24 COMMENT 25 26 27 28 29 This amendment increases the fees for work done in the right-of-way to $75.00, except for single-family driveway aprons which are $35.00. The fee increases arejusûfied by the staff review time involved. It also establishes a fee for review of easement or dedication plats that may be submitted in the process. 30 31 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2004. CA-9167 GG/ORDRES/PROPOSED/33-071.ord,doc R3- March 11, 2004 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: ~ planning n{A~~DO\-v City Attorney's Office ~-'1-.Þ~ 2 10 11 1 2 3 4 5 6 7 8 AN ORDINANCE TO AMEND THE CHESAPEAKE BAY PRESERVATION AREA ORDINANCE, PERTAINING TO THE FEE FOR ADMINISTRATIVE AND BOARD VARIANCES. SECTIONS AMENDED: § 110 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: That Section 110 of the City Chesapeake Bay Preservation Area Ordinance is hereby amended and reordained, to read as follows: 12 13 14 15 16 Sec. 110. Variances. Administrative variances, The City Manager shall approve (B) 17 or deny an application requesting an administrative variance after 18 receipt of a complete application. No such application shall be 19 accepted by the City Manager unless accompanied by a nonrefundable 20 fee in the amount of One Hundred Fifty Dollars ($~150,OO) , 21 Administrative variances may be granted only for uses, development 22 or redevelopment described in: 23 (1) 106 (B) (2) water wells, passive Section for 24 recreation facilities and historic preservation and 25 archaeological activities; 26 (2) to 106(B) (4) Section for lots recorded prior 27 October 1, 1989 and 1989 or between October 1, 28 2004 where application of the buffer January 1, 29 requirement would result in the loss of a buildable 30 lot and meet the criteria enumerated; 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 (3) Section 106 (B) (5) for sight lines, access paths, general woodlot management and best management practices; and (4) additions to nonconforming Section for 108 structures. (C) Board variances. The City Manager shall review any other application for a variance and the water quality impact assessment and provide with the evaluation of the Board an potential of proposed and other such impacts the variance information as may aid the Board in considering the application. No such application shall be accepted by the City Manager unless accompanied by a nonrefundable fee in the amount of two hundred ~fifty dollars ($~250.00). The City Manager shall transmit the 46 application and supporting information evaluation to the and 47 members of the Board and the applicant no less than five (5) days 48 prior to the scheduled hearing on such application. 49 50 COMMENT 51 52 53 54 55 56 This amendment will increase the fee for administrative variances under the Chesapeake Bay Presrevation Area Ordinance from $100.00 to $150.00 and for variances that must go to the Board from $210.00 to $250.00. The additional fees are justified by the staff time required for review. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2004. CA-9171 GG/ORDRES/PROPOSED/Ches Bay Ord.doc R2- March 11, 2004 2 APPROVED AS TO CONTENTS: ~ Planning ....... '?'I)' "'ot APPROVED AS TO LEGAL SUFFICIENCY: ~~ (~k~~O\/ City Attorneý's Office 3 ./ ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND AND REORDAIN THE CITY CODE PERTAINING TO SECTIONS AMENDED: § 17-3 May 11, 2004 MEETING DATE: . Background: At City Code §17-3, a Public Library Board is established, This section presently requires that at lease one member be a high school senior. The Public Library Board has requested that this requirement be revised to provide for the appointment of two high school juniors and a representative of the City's public schools, . Considerations: The Library Board has suggested increasing the number of student representatives, noting the "valuable insight into library services" provided by students, who are frequent library users, Appointing these representatives as juniors will permit two years of service, Finally, the Library Board has also suggested adding a representative from the Virginia Beach City Public Schools as means of encouraging collaborative efforts between the City and the School division, . Public Information: To be advertised as a part of the City Council's agenda. . Attachments: Ordinance Recommended Action: NfA Submitting Department/Agency: City Council Co, Ma..gec T' k . ~!I"\ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE LIBRARY BOARD BY REVISING THE MEMBERSHIP REQUIREMENTS SECTION AMENDED: §17-3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section of City hereby amended and the Code is reordained, to read as follows: Sec. 17-3. Public Library Board. (a) There is hereby created a public library board, which shall consist of not less than seven (7) nor more than eleven (11) members. The members of the board shall be appointed by the council for terms of three (3) years; provided, however, that the 17 initial appointments shall be made for such lesser terms as will 18 provide staggered expirations thereofT~ and fuEthcr pro~idcd that 19 one (1) Two (2) member~ shall be a high school ~ juniors, 20 whose terms shall be for one (1) year7 , and one member shall be 21 an employee of the school division. The board shall select from 22 its membership a chairman and vice-chairman. 23 (b) The public library board shall meet not less frequently 24 than once every quarter (three (3) months) and additionally, at the 25 call of the chairman. The board shall be responsible for making 26 recommendations to the council on all phases of library planning, 27 policy and management. 28 29 30 31 32 33 34 35 36 COMMENT The existing requirement that one member of the Public Library Board be a high school senior is revised to provide that two members shall be high school juniors, Also, a requirement is added for one member be an employee of the school division, Adopted by the City Council of the City of Virginia Beach, 37 Virginia, on this day of , 2004. CA-9231 OID/ordres/studentmembers ord.doc R2 - April 26, 2004 APPROVED AS TO LEGAL SUFFICIENCY: .. ('!~ (If ,¡)ÞVf4vY7 >- i/íh-- r. ÍéITY ATTORNEY'S OF ICE 2 \&-..; # ..~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend and Reordain the Virginia Beach City Code Pertaining to Maximum Speed Limits Generally MEETING DATE: May 11, 2004 . Background: The City is authorized by the State to regulate the speeds of vehicles traveling on highways located within its boundaries, The State also authorizes the City to establish in its Code a rebuttable presumption that any change in speed from the maximum speed limits contained in the State Code was properly established. The attached ordinance adds this presumption to the City Code and also, as a housekeeping measure, adds language to the City Code emphasizing that speed limits that have been increased or decreased (or differentiated speed limits established) from the maximum limits established by the State are authorized and enforceable, . Considerations: This amendment to City code §21-317 emphasizes the authority of City posted speed limits and creates a rebuttable presumption of their validity, . Public Information: N/A . Recommendations: . Adopt Ordinance Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police/City Attorney ~ City Manager: ~ ~ . ~ H:\GGlorders\21-317.ord.arf U 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO AMEND AND REORDAIN SECTION 21- 317 OF THE CITY CODE PERTAINING TO MAXIMUM SPEED LIMITS GENERALLY SECTION AMENDED: § 21-317 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section of the City is hereby amended and Code reordained, to read as follows: Sec. 21-317. Maximum speed limits qenera11y. (a) No person shall drive any motor vehicle upon a highway of this 14 city at a speed in excess of the following maximum speed limits or 15 in excess of any other maximum speed limit posted in accordance 16 with subsection (b) below: 17 (1) Fifty-fi ve (55) miles per hour on the interstate system of 18 highways or other limited access highways with divided roadways. 19 (2) Fifty-five (55) miles per hour on nonlimited access highways 20 having four (4) or more lanes and on all state primary highways. 21 (3) Fifty-five (55) miles per hour on highways not included in (1) 22 (2) if the vehicle is a passenger motor vehicle, or above, 23 passenger bus, United States post office bus, pickup or panel truck 24 or a motorcycle; and forty-five ( 45) miles per hour on such 25 highways, if the vehicle is a truck, road tractor, tractor truck or 26 combination of vehicles designed to transport property, or is a 27 motor vehicle being used to tow a vehicle designed for self- 28 propulsion, or a house trailer. 29 30 31 (4 ) Thirty-five (35) miles the minimum speed hour or per allowable, whichever is greater, on any highway other than an interstate highway, if the vehicle is being used as a school bus 32 carrying children, and forty-five (45) miles per hour on interstate 33 highways; provided, for such vehicle which however, that any 34 neither takes on nor discharges children between its point of 35 origin and point of destination, the speed limit shall be forty- 36 five (45) miles per hour. 37 (5) Forty-five (45) miles per hour on any highway, if the vehicle 38 or combination of vehicles is operating under a special permit 39 issued by the commonwealth transportation board in accordance with 40 Code Virginia, section 46.2-1139. commonwealth The of 41 transportation board may, however, prescribe a speed limit of less 42 than forty-five (45) miles per hour on any such permit issued by 43 it. 44 (6) Twenty-five (25) miles per hour on highways in a business or 45 residential interstate other limited district, except upon or 46 access highways with divided roadways. 47 Thirty-five miles per hour on highways in the city, (7 ) (35) 48 interstate limi ted access highways with except upon or other 49 divided roadways and except in business or residence districts. 50 Notwithstanding the provisions of subdivisions (1) , (2) and (8 ) ( 3) of this subsection, the speed limits for passenger motor 51 52 while trailers not towing utility, camping boat vehicles, or 2 53 54 55 56 57 58 59 exceeding an actual gross weight of twenty-five hundred (2500) pounds, shall be the same as that for passenger motor vehicles. (b) Notwithstanding the foregoing provisions, the state highway and transportation commissioner or the director of public works or any other authority having jurisdiction over highways may decrease the speed limits set forth in subsections (a) (1) and (a) (3) of this section and may increase or decrease speed limits set forth in 60 subsections (a) (6) and (a) (7) of this section. aRd may estaBlish 61 Qèifferentiated speed limits for daytime and nighttime may also be 62 established by decreasing for nighttime driving the speed limits 63 set forth in subsections (a) (1) through (a) (3) of this section and 64 by increasing for daytime or decreasing for nighttime the speed 65 limits set forth in subsections (a) (6) and (a) (7) of this section. 66 Such increased or decreased speed limits and such differentiated 67 speed limits for daytime and nighttime driving shall be effective 68 only when prescribed traffic engineering and traffic after a 69 investigation and indicated the highway by signs; when upon 70 provided, the increased or decreased speed limits over highways 71 under the control the highway and transportation of state 72 commissioner shall be effective only when prescribed in writing by 73 the highway and transportation commissioner and kept on file in the 74 central office of the department of highways. Whenever the speed 75 limit highway has been increased decreased, or a on any or 76 differential speed limit has been established and such speed limit 3 77 78 is properly posted, there shall be a rebuttable presumption that the change in speed was properly established in accordance with 79 this ordinance and Virginia State Code § 46.2-878. COMMENT 80 81 82 83 84 85 86 87 88 This amendment clearly states that it is unlawful to operate a motor vehicle in excess of the posted limit and prescribes a rebuttable presumption as to the legality of limits set by Public Works. Adopted by the City Council of the City of Virginia Beach, 89 Virginia, on this day of , 2004, CA-9137 gg/ordres/proposed/21-317.ord.doc R4 April 19, 2004 H, \OPA \GG\ORDRES\PROP\21-317. ORD .DOC PPROVED AS TO LEGAL SUFFICIENCY: ~~ 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND AND REORDAIN THE CITY CODE PERTAINING TO THE TOWING OF VEHICLES FROM PRIVATE PROPERTY-REQUESTED BY COUNCILMEN MADDOX AND DIEZEL SECTIONS AMENDED: §§ 21-426 and 21-429 MEETING DATE: May 11, 2004 . Background: Virginia State Code § 46,2-1233,2 requires local governing bodies electing to regulate towing fees to appoint a Towing Advisory Board, Sections 21-426, and 21-429 of the City Code were last amended August 6, 2002, The Towing Advisory Board presented a report to City Council on April 13, 2004, recommending amendments to the City Code, Included in the proposed amendments are increases in certain towing fees and a provision requiring tow operators to make a Survey and Comment Form available when the vehicle is retrieved, . Considerations: The Board members convened at the request of Council and were asked to address behavior issues and submit recommendations for increased towing fees. City Council received the Board's, report on April 13, 2004 which outlined the proposed fee increases and recommended the City Code be amended to require tow operators to provide a Survey and Comment Form to the person retrieving the towed vehicle, This Survey and Comment Form will allow the Board to measure the extent of behavior problems associated with the towing industry, The Board will present an updated report to Council in the fall, after the scope of the problem has been ascertained, . Public Information: A public briefing was presented to Council on April 13, 2004 and a Public hearing is scheduled for May 11,2004, . Recommendations: Approval . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Councilmen Maddox and Diezel City Manager: H:\P&A\GG\OrdRes\Towing Advisory Board ARF.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 REQUESTED BY COUNCILMEN MADDOX AND DIEZEL AN ORDINANCE TO AMEND AND REORDAIN SECTIONS OF THE VIRGINIA BEACH CITY CODE PERTAINING TO TOWING OF VEHICLES FROM PRIVATE PROPERTY. SECTION AMENDED: §§ 21-426, 21-429 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section of City Code is hereby amended and the reordained, to read as follows: Sec. 21-426. Charges for towing and storage of vehicle; receipt required. (a) No tow truck service or operator operating within the 15 city shall, at any time, charge a basic towing fee greater than the 16 fees set forth below: 17 TABLE INSET: 18 Gross weight of vehicle Maximum fee 19 11,000 pounds or less $ ~ $85.00 285.00 20 11,001 pounds or more 21 The basic fee shall be inclusive of any additional towing 22 services such as the use of a dolly. This subsection shall apply 23 only when a vehicle is moved or towed without the prior consent and 24 agreement of the owner or custodian of the vehicle, 25 (b) No tow truck service or operator shall assess any charges 26 for storage for the initial twenty-four (24) hours, nor charge more 27 than fifteen twenty dollars (~15.09) ($20.00) per twenty-four-hour 28 period thereafter, for any vehicle with a gross weight of 11,000 29 pounds or less removed from private property without the consent of 30 31 32 33 the owner or custodian of the vehicle, whether such tow originates in this city or any other jurisdiction. For vehicles with a gross weight of more than 11,000 pounds, a storage fee not to exceed twenty dollars ($20.00) per twenty-four-hour period may be assessed 34 after the first twenty-four (24) hours. Delays caused by storage 35 personnel shall included computing storage when yard not be 36 charges. 37 (c) If any vehicle is not redeemed within seven (7 ) days 38 after it is towed, the tow truck service shall be entitled to 39 recover an additional fee, not to exceed fifty dollars ($50.00), as 40 payment for the cost of any search conducted to determine the 41 registered owner and lien holder, if any, of the vehicle. 42 (d) No tow truck service or operator shall charge any fee for 43 mileage, or any other fee in addition to the basic towing fee set 44 forth in subsection (a) above. 45 A monetary receipt for each and every fee collected must (e) 46 be given to those persons whose vehicles have been towed by a tow 47 truck service, or released after hook up, upon release of the 48 vehicle. The information on the receipt must be clearly legible and 49 include the time, date and place of the tow, the name of the tow 50 truck operator who made the tow, and the name of the tow truck 51 service for which said operator works. The receipt must also list 52 the amount of money paid for the release of the vehicle, any 53 additional charges incurred in the tow, and the reason for said 2 54 55 56 57 58 59 additional charges. The following shall be printed conspicuously on every receipt: "NOTICE: Virginia City 21-426 (f) Code § Beach requires the tow company to offer you a Survey and Comment Form with this receipt.R A copy of the receipt must be retained by the tow truck service for a period of one (1) year and shall be made available for inspection by city police or the commissioner of the 60 during normal business hours of the tow truck service revenue 61 owner. 62 (f) and Form, developed the Towing by A Survey Comment 63 Advisory Board, shall be offered to those persons whose vehicles 64 have been towed by a tow truck service, or released after hookup, 65 upon release of the vehicle. 66 67 68 69 70 71 72 73 74 75 76 COMMENT The amendment to § 21-426 raises the storage fee from fifteen dollars ($15,00) a day to twenty dollars ($20,00) per day and raises the maximum allowable fee for towing a vehicle weighing 11,000 pounds or less from seventy five dollars ($75,00) to eighty five dollars ($85,00). This amendment also requires the tow truck company to provide a copy of the Survey and Comment Form, developed by the Towing Advisory Board, to the person retrieving the vehicle, along with the receipt for monies paid, Sec. 21-429. Miscellaneous prohibited acts by tow truck 77 service or operator. 78 Except when acting as an agent in the legal repossession of a 79 vehicle, it shall be unlawful for any tow truck service or operator 80 to: 81 (1) Tow or otherwise move a vehicle from any area or portion 82 of a public street without either the consent of the owner or 3 83 84 85 86 87 100 101 102 103 104 105 custodian of the vehicle or authorization from a police officer or other designated official of the city. (2) Block the movement of or tow or otherwise move a vehicle from any private road, driveway or any other privately owned land or property within the city without the consent of the owner or 88 custodian thereof, unless: 89 (i) The vehicle is parked in a designated parking space of a 90 decal-controlled parking area and is not displaying a decal or 91 other form of authorization issued by the owner, lessee or agent of 92 such parking area; 93 (ii) The vehicle is parked in a designated parking space of a 94 non-decal-controlled parking during any period when the area 95 business (es) serviced by the parking is open, and the tow (are) 96 truck operator obtains the written consent of the owner, lessee or 97 agent of such parking area prior to towing the vehicle; or 98 (iii) The vehicle is parked in a non-decal-controlled 99 parking area during any period when the business (es) serviced by the parking area is closed, and towing is enforced twenty (are) four (24) hours a day by such business(es); or (iv) The vehicle is parked on any portion of a parking area in such manner as to block ingress or egress to the parking area, or to block access dumpster or properly marked service or to a delivery area, or is otherwise parked in a portion of the parking 4 ------,,- , 106 107 108 109 1l0 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 area that is specifically designated, by lines, or curbs not similar markings, as an area for the parking of vehicles. No vehicle shall be towed pursuant to subsections (i) (ii) , (iii), or (iv) unless there is a written contract between the tow truck service and the owner, lessee or agent of the parking area to remove all unauthorized vehicles from the parking area, the tow truck has of in or her his such contract operator a copy possession, and the owner, lessee or agent has complied with all of the signage requirements set forth in section 21-422. (3) Tow or otherwise move a vehicle from any private road or driveway, or from any other privately owned land or property within the city to a place out of the city without the consent of the owner or custodian of the vehicle; provided that, after a period of not less than twenty-four (24) hours following the initial towing of a vehicle, as recorded in the police dispatcher's log, any such vehicle may be moved to a storage area located outside of the city, with prior notification to and approval of the police department. Notwithstanding the above, if a tow truck service or operator owns or leases a storage area located outside of the city, and such storage area is closer to the location from which a vehicle is towed than the closest in-city storage area owned or leased by the tow truck service or operator, such vehicle may be initially towed to the storage area located outside of the city, provided the tow truck service or operator is authorized to do business in both 5 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 cities, charges a fee not greater than that fee authorized in Virginia Beach and invoices the tow in Virginia Beach. (4 ) Block any vehicle, other than when on the property of the tow truck service, to prevent the movement thereof by its owner or custodian who has appeared prior to the vehicle being hooked up and desires to move the vehicle. (5) Wait for employment by standing or parking on public property. (6) Drive a tow truck or wrecker along any street to solicit towing. (7 ) Tow or otherwise move a vehicle from any place in the city utilizing a wrecker or tow truck which is not insured as required by section 18-55.1 of this Code. (8 ) Provide information police dispatcher false to any concerning any vehicle towed. (9) Require the owner of any towed vehicle to wait for a period exceeding two (2) hours for release of a vehicle. Any delay over two (2) hours caused by failure to monitor or respond to calls placed operator's designated telephone number shall to the constitute a violation of this section. (10) Move any vehicle to any intermediate place of storage, or to any location other than to the registered secure storage yard of a tow truck service, unless specifically requested by the owner or custodian of said vehicle. 6 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 (11) During the initial twenty-four (24 ) after the hours vehicle is towed and upon request by any owner or custodian of a currently licensed vehicle, deny or prevent access to said vehicle for the purpose of removing personal items, whether or not the owner or custodian is then able to reclaim the vehicle. After the initial twenty-four (24) hours has expired and upon the request by any owner or custodian of a currently licensed vehicle, no tow truck service or operator shall refuse to allow such owner or custodian access to such vehicle once per day between the hours of 8:00 a.m. and 5:00 p.m. (12) Assess any charge or fee in excess of, or in addition to, the charges and fees authorized by this division. (13) Fail to provide a monetary receipt, for each and every fee collected, containing the notice provision outlined in §21- 426 (e) . (14) Fail to make the Survey and Comment Form developed by the Towing Advisory Board available when the vehicle is retrieved. COMMENT The amendment to § 21-429 provides failure to make the Survey and Comment Form available when the vehicle is retrieved unlawful, The name and address of the City Department designated to receive and review these forms shall be preprinted on the face of the forms, This amendment also provides fai~ure to use a monetary receipt containing the notice provision required by §21-426 (e) unlawful, 7 180 181 182 Adopted by the City Council of the City of Virginia Beach, Virginia, on this ---- day of , 2004. CA-9227 H:/PA/ORDRES/PROPOSED/21-426&21-429 ord.doc R2 - April 21, 2004 APPROVED AS TO LEGAL SUFFICIENCY: ~~ 8 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Amount of $116,154 (Property of Dianna Conte and Patricia Ange) MEETING DATE: May 11,2004 . Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City, Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land, The subject property has been appraised by an independent appraiser retained by the City, The appraiser has determined the fair market value of the property, based upon eighteen (18) comparable sales, From the fair market value, the value of the development rights has been determined by subtracting $900 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property, All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies, . Considerations: The subject property consists of one (1) parcel of land having approximately 43,02 acres outside of marshland or swampland, It is owned by Dianna G. Conte and Patricia D, Ange, Under current development regulations, there is a total development potential of four (4) single-family dwelling building sites, one (1) of which would be reserved for future development as a 3-acre building site, Thus, the preservation easement acquired by the City would cover approximately 40,02 acres, The site, which is shown on the attached Location Map, is located on Baum Road, in the District of Princess Anne, The proposed purchase price, as stated in the ordinance, is $116,154. This price is the equivalent of approximately $2,902 per acre of easement acquired, The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing, The interest rate to be paid by the City will be the greater of 4,50% per annum or the per annum rate which is equal to the yield on U,S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6,50% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance, . Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks, . Alternatives: The City Council may decline to purchase the development rights to the property, . Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. . Attachments: Summary of Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorney's Office); area map showing location of property. Recommended Action: Adoption S"Om,"I", -""Ag.."" Ag"~l"". 0.",""'..1 ftJ City Manager: ~ K..., ~~ 1 2 3 4 S 6 7 8 9 10 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $116,154 WHEREAS, pursuant to the Agricultural Lands Preservation 11 Ordinance (the" Ordinance"), Appendix J of the Code of the 12 City of Virginia Beach, there has been presented to the City 13 Council a request for approval of an Installment Purchase 14 Agreement (the form and standard provisions of which have been lS previously approved by the City Council, a summary of the 16 material terms of which is hereto attached, and a true copy of 17 which is on file in the City Attorney's Office) for the 18 acquisi tion of the Development Rights (as defined in the 19 Installment Purchase Agreement) on certain property located in 20 the B City and more fully described in Exhibit of the 21 Installment a Purchase for Agreement purchase price of 22 $116,154; and 23 WHEREAS, the be aforesaid Development Rights shall 24 acquired through the acquisition of a perpetual agricultural 2S land preservation easement, as defined in, and in compliance 26 with, the requirements of the Ordinance; and 27 WHEREAS, the City Council has reviewed the proposed terms 28 and conditions of the purchase as evidenced by the Installment 29 Purchase Agreement; 1 30 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 33 1. The City Council hereby determines and finds that 34 the proposed terms and conditions of the purchase of the 35 Development Rights to Installment the Purchase pursuant 36 Agreement, including the purchase price and manner of payment, 37 are fair and reasonable and in furtherance of the purposes of 38 the Ordinance, and the City Manager or his designee is hereby 39 authorized to upon or before execution and the approve, 40 delivery of the Installment Purchase Agreement, the rate of 41 interest to accrue on the unpaid principal balance of the 42 purchase price set forth hereinabove as the greater of 4.5% 43 per annum or the per annum rate which is equal to the yield on 44 United States Treasury STRIPS purchased by the City to fund 45 such unpaid principal balance; provided, however, that such 46 rate of interest shall not exceed 6,5% unless the approval of 47 the City Council by resolution duly adopted is first obtained. 48 2. The City Council hereby further determines that 49 funding is available for the acquisition of the Development 50 Rights pursuant to the Installment Purchase Agreement on the 51 terms and conditions set forth therein. 52 3, The City Council hereby expressly approves the 53 Installment Purchase and, subject to the Agreement 54 determination of the City Attorney that there are no defects 2 55 in title to the property or other restrictions or encumbrances 56 thereon which may, in the opinion of the City Attorney, 57 adversely affect the City's interests, authorizes the City 58 Manager or his designee to execute and deliver the Installment 59 Purchase in same form and substantially the Agreement 60 substance as approved hereby with such minor modifications, 61 insertions, completions or omissions which do not materially 62 alter the purchase price or manner of payment, as the City 63 Manager or his designee shall approve, The City Council 64 further directs the City Clerk to affix the seal of the City 65 to, and attest same on, the Installment Purchase Agreement. 66 The City Council expressly authorizes the incurrence of the 67 indebtedness represented by the issuance and delivery of the 68 Installment Purchase Agreement. 69 4, The to issue the Council City hereby elects 70 indebtedness than the under Charter the City of rather 71 pursuant the 1991 and hereby Public Finance of to Act 72 constitutes the indebtedness a contractual obligation bearing 73 the full faith and credit of the City. 74 Adoption requires an affirmative vote of a majority of 75 all members of the City Council. 76 Adopted by the Council of the City of Virginia Beach, 77 Virginia, on this ----- day of , 2004. 3 CA-9228 H: \IOD\Agency\arp\acquisordin, conte\doc R1 April 19, 2004 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL 'UFúTJL If/~ City A~torneyos Office CERTIFIED AS TO AVAILABILITY OF FUNDS: .. r~ ,.J-.. ," .,c.. I : ",¡¿'IA/II" () . u..J.L 0'" Director of-Finance ~ 4 ( ARP application for Conte and Ange Property Location 3281 Baum Road AGRICUL TURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2004-62 SUMMARY OF MATERIAL TERMS SELLER: CONTE, Dianna & ANGE, Patricia PROPERTY LOCATION: 3281 Baurn Road, Princess Anne District PURCHASE PRICE: $116,154 EASEMENT AREA: 40,02 acres, more or less DEVELOPMENT POTENTIAL: 4 single-family dwelling sites (3 acquired) DURATION OF EASEMENT: Perpetual INTEREST RATE: Equal to yield on U.S, Treasury STRIPS acquired by City to fund purchase price, but not less than 4,50% (actual rate to be determined when STRIPS are purchased prior to execution ofIP A), Rate may not exceed 6,50% without approval of City CounciL TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IP A ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IP A, r ,~~[;" "'.'."^--a::::.:V1o...', {~~:}~)1} "'" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Purchase of 9,785 Acres from MPB.INC for the Expansion of Tidewater Community College MEETING DATE: May 11, 2004 . Background: On December, 11, 2001, City Council authorized the City Manager to sign a term-sheet that provided for the City's participation in the expansion of the Virginia Beach campus of Tidewater Community College. City Council also created Capital Project #3-262 Tidewater Community College Expansion to provide for the City's site improvement and site acquisition costs associated with the proposed expansion. The term-sheet also authorized the purchase of six parcels surrounding the campus to allow for needed expansion. Three properties on the north side of the campus have already been acquired. An agreement with the seller, MPB.INC" has been finalized to purchase the three remaining parcels at the entrance to Tidewater Community College on Princess Anne Road for a purchase price of $3,750,000, The total acreage of the three parcels is 9,785 acres with the breakdown by parcel as follows (a map of the area is included in Exhibit A of the Agreement of Sale): GPIN: 1485-44-2154 - 2.632 acres GPIN: 1485-34-9414 - 3,959 acres GPIN: 1485-34-6667 - 3.194 acres The project currently has $7,213,290 appropriated with a balance of $4,675,267. . Considerations: Acquiring the three parcels is consistent with the term-sheet the City Council authorized the City Manager to sign with Tidewater Community College and would complete the needed site acquisition associated with the expansion of the campus, The purchase price of $3.75 million is consistent with commercial values in the area and the City's appraisal of the property. . Public Information: Public Information will be handled through the normal Council agenda process, . Alternatives: The City could decide not to acquire the property, and the property would likely be developed for other commercial purposes, which may be incompatible with Tidewater Community College's Master Plan and would restrict the expansion of the college, . Recommendations: . --------- Approve the ordinance authorizing the City Manager or his designee to enter into an Agreement of Sale, . Attachments: Ordinance Agreement of Sale Recommended Action: Approval Submitting Department/Agency: Managementoe~i{i;S City Manager: ~ )L .~~ 10 11 1 2 3 4 5 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY LOCATED ON PRINCESS ANNE ROAD FOR TIDEWATER COMMUNITY COLLEGE FROM MPB, INC. 6 WHEREAS, on December 11, 2001, City Council authorized the City Manager to sign a 7 tenn sheet that provided for the City's participation in the expansion ofthe Virginia Beach campus of 8 Tidewater Community College; 9 WHEREAS, such tenn sheet authorized the purchase of six parcels suITounding the campus of Tidewater Community College to allow for needed expansion; WHEREAS, three properties on the north side of the campus have previously been acquired 12 for such purpose; 13 WHEREAS, on behalf of the City, the City Manager and City staff have engaged in 14 negotiations for the purchase of the three remaining parcels, which are owned by MPB, Inc. and 15 located on Princess Anne Road at the entrance to Tidewater Community College; and 16 WHEREAS, there is sufficient funding for the $3,750,000 purchase price in Capital 17 Improvement Project #3-262, Tidewater Community College Expansion, to acquire this property. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNClLOF THE CITY OF VIRGINIA 19 BEACH, VIRGINIA: 20 1. That the City Council authorizes the acquisition, by purchase, of the property, 21 described and depicted on Exhibit A attached hereto. 22 2, That the City Manager or his designee is authorized to execute on behalf ofthe City 23 of Virginia Beach, an Agreement of Sale for the purchase of the property for the sum of$3,750,000 24 in accordance with the tenns contained in the Summary ofTenns attached hereto as Exhibit B and 25 in a fonn acceptable to the City Attorney. 26 27 28 29 2004, Adopted by the Council of the City of Virginia Beach, Virginia, on the - day of May, CA-9188 Fm",IATY\Fo~\Co~,d,' Proj~"\TCOTCCORD OOC April 30, 2004 Approved as to Content: ,B~(J .~ Management Services Approved as to Content: APPROVED AS TO LEGAL SUFFICIENCY: ". ~ =i ; ; ,~I ""--"'.., I " \ \ , p- / i ¡ / /' . ---"';: ¡.. . _/ ,- ~\' I I I \ -_...~ -_..--- -.. EXHIBITB MPB, INc. - TIDEWATER COMMUNITY COLLEGE EXPANSION SUMMARY OF TERMS FEE SIMPLE OWNER: MPB, Inc, PROPERTY: 9,785 Acres on Princess Anne Road located at the entrance to TCC PURCHASE PRICE: $3,750,000 DEPOSIT: $25,000 (to be applied to Purchase Price) DUE DILIGENCE PERIOD: 90 Days to inspect the property for title, environmental and other issues to ensure satisfactory condition. SETTLEMENT: Within 90 days of execution ofthe Agreement of Sale by the City Manager. ATTACHMENTS: Term Sheet Agreement of Sale FIDataIA TYIFmmslCommecoiaJ PmjectslTCClsotdoc AGREEMENT OF SALE THIS AGREEMENT OF SALE ("Agreement") is made as of this - day of , 2004, by MPB, INc., a Virginia corporation ("Seller"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Buyer" or "City"). WITNESSETH: In consideration of the covenants and agreements of the respective parties herein set forth and in further consideration of a deposit (the "Deposit") of Twenty-Five Thousand Dollars ($25,000.00), cash in hand paid, receipt of which is hereby acknowledged, Seller hereby agrees to sell, and Buyer hereby agrees to purchase the following described property (hereinafter the "Property") to wit: Approximately 9.7850 acres of unimproved real property located on Princess Anne Road at the entrance to Tidewater Community College (comprised of GP1N:1485-44-2154 = 2.632::t acres; GPIN: 1485-34-9414 = 3,959::t acres; GPIN: 1485-34-6667 = 3.194::t acres) as depicted on Exhibit A attached to this Agreement. The actual boundaries and final acreage ofthe Property shall be as depicted on the physical survey (the "Survey") of the Property to be obtained by Buyer at Buyer's expense, Seller shall have the right to review and approve the Survey. 1. Purchase Price. The total consideration is as follows: THREE MILLION SEVEN HUNDRED FIFTY THOUSAND AND NOll 00 DOLLARS ($3,750,000.00) (the "Purchase Price") for the Property, The Purchase Price is to be paid in lawful money of the United States of America as follows: a. The Deposit shall be paid by Buyer to as Escrow Agent (the "Escrow Agent") upon execution of this Agreement by all parties, The Escrow Agent shall hold the Deposit in a non-interest bearing account in accordance with the tenns of this Agreement, with the Deposit to be applied to the Purchase Price at the time of Settlement, as hereinafter defined, or otherwise applied as provided in this Agreement, b. The balance of the Purchase Price shall be paid by wire transfer of funds or in cash or by certified check at the time of Settlement. 2. Due DiIi!!ence. a. Buyer is hereby granted ninety (90) days from the date of full execution of this Agreement by all parties (the "Due Diligence Period") (i) to inspect the Property and to perfonn such tests and examinations as the Buyer deems advisable, including, without limitation, soil and environmental tests, in order to detennine that the soils and subsurface conditions of the Property are suitable, in the reasonable opinion of Buyer, for Buyer's intended use, and to detennine the existence of any adverse environmental matters or conditions in, on, under, about, or migrating from or onto the Property and (ii) to make investigations with regard to matters of ag,eement of sale v2.do' 04/30/04 survey, flood plain, utilities availability, building code, and other applicable governmental requirements with regard to the Property and the use thereof. Seller shall furnish Buyer with copies of all surveys, title policies, environmental reports, etc, relating to the Property in Seller's possession or control, however, Seller makes no representations or warranties as to the completeness or accuracy thereof. b. If the Buyer determines during the Due Diligence Period that the soils and subsurface conditions of the Property are not suitable for its intended use, that the existence of any adverse environmental matters or conditions in, on, under, about, or migrating ITom or onto the Property is unacceptable, or that any of its inspections, investigations and the like are unacceptable or unsatisfactory to Buyer, Buyer reserves the right to terminate this Agreement of Sale by giving Seller written notice of termination not later than 5 :00 p.m, on the last day of the Due Diligence Period. Upon receipt of such notification, the Deposit shall be returned to the Buyer within 14 business days and thereafter, neither party shall have any further rights against or obligations or liability to the other hereunder except as otherwise expressly provided herein, 3, Settlement, a. Settlement proceedings ("Settlement") shall be conducted at the Office of the City Attorney, Real Estate Annex, Building 20, Municipal Center, Virginia Beach, Virginia 23456, Settlement shall occur on the first business day following the expiration of the Due Diligence Period (the "Settlement Date"), or at such other earlier time as Buyer may elect with prior written notice to Seller. Buyer agrees to use commercially reasonable efforts to cause Settlement to occur on or prior to July 15, 2004, Either party's failure to comply with the terms and provisions hereof at the time and in the manner herein prescribed shall be deemed a material breach of this Agreement. b. Seller hereby covenants and agrees to deliver or cause to be delivered to Buyer or Buyer's counsel on or prior to Settlement the following documents and instruments: i. A special warranty deed (the "Deed") conveying good, marketable and insurable fee simple title to the Property, free of all liens and encumbrances except any Permitted Exceptions, Seller shall be responsible for obtaining the release of the Property from the liens of any deeds of trust, judgments or items of similar nature. ii, A certification duly executed by Seller setting forth Seller's address and federal tax identification number and certifying that Seller is a "United States Person" and that Seller is not a "foreign person" in accordance with and/or for the purpose of the provisions of Sections 7701 and 1445 (as may be amended) of the Internal Revenue Code of 1986, as amended, and any regulations promulgated thereunder. iii, An Owner's Affidavit in form and substance satisfactory to Buyer's title company and Seller to enable the title company to issue its policies of title insurance without exception for mechanics' and/or materialmens' liens, assessments, parties in possession and matters typically addressed in Owner's affidavits, 2 ag'"oem',,' of sale v2doc 04/30/04 c, Buyer hereby covenants and agrees to deliver or cause to be delivered to Seller on or prior to Settlement the Purchase Price and Buyer's share of closing costs and prorations, d, In addition to the obligations to be performed hereunder by the parties at Settlement, each party agrees to perform such other acts and to execute, acknowledge and deliver, subsequent to Settlement, such other instruments, documents and other material as the other party may reasonably request and shall be necessary in order to effectuate the consummation of the transaction contemplated herein and to vest title to the Property in Buyer. However, notwithstanding the foregoing, SeHer acknowledges and agrees that Buyer has certain powers, purposes and responsibilities by virtue of being a municipality, and as such, its ability to execute instruments and documents or to perform certain acts is limited by the laws of the Commonwealth of Virginia, including but not limited to, its defenses of sovereign immunity. Nothing herein shall be construed to waive any of the powers, purposes, responsibilities or defenses of Buyer as a municipality. 4. Premises Purchased As Is, Buyer purchases the Property "as is" and it shall be the responsibility of Buyer to determine whether or not there are any adverse environmental conditions, hazardous waste conditions, status as protected wetlands or endangered species, or other conditions that would prevent Buyer's proposed use of the Property. 5, Prorations. All rents, interest, taxes, utilities and other appropriate items shall be prorated and apportioned on a per diem basis as of the Settlement Date, Assessments, general or special in nature, pending or confinned, shall be paid or satisfied in full by Seller at Settlement, 6, Settlement Costs and Expenses. a, Buyer shaH bear cost of obtaining a title report for the Property and all other closing costs associated with Settlement including all recording costs, except for grantor's tax, and transfer taxes, and all title insurance premiums and its own attorney's fees and costs. b, Seller shall prepare the Deed conveying title to the Property to Buyer and shall pay all expenses of preparation of the Deed, the grantor's tax and its own attorney's fees and costs. c. Seller and Buyer each warrant and represent to the other that neither party has had any dealings, negotiations or communications with any brokers or other intermediaries that would obligate either one ofthem for the payment of any real estate commission or fee as a result of this transaction. 7. Title, a. Buyer shall have up to sixty (60) days from the date of execution of this Agreement by all parties to examine the record title to the Property, to furnish SeHer with a title commitment (the "Title Commitment") and to notify Seller of any title objections disclosed by such examination (the "Title Objections"). Seller shall notify Buyer within ten (l0) days after 3 agreement of sale v2doc 04/30/04 receipt of Buyer's notice of any Title Objections that Seller elects not to cure or is unable to cure prior to the Settlement Date. Seller agrees to cure all other Title Objections prior to the Settlement Date, If Seller notifies Buyer of any Title Objections that it cannot or will not cure prior to the Settlement Date, then Buyer shall have the option either (i) to terminate this Agreement by written notice to Seller, in which case Seller shall return the Deposit to Buyer within fourteen (14) business days, and thereafter, neither party shall have any further rights against or obligations or liability to the other hereunder except as otherwise expressly provided herein, or (ii) to accept any remaining uncured Title Objections, If Buyer does not exercise the option to terminate, Buyer shall accept title to the Property subject to such title defects. It is understood and agreed that any objections to title not raised by Buyer in accordance with this Paragraph 7 shall be deemed waived. b, If Seller fails to notify Buyer of its inability or election not to cure the Title Objections in accordance with Paragraph 7(a) above, then Seller shall be deemed to have elected to cure all Title Objections prior to Settlement. If Seller has failed to cure anyone or more of the Title Objections it has elected to cure prior to Settlement and is not diligently proceeding to complete such cure, then Buyer may, at its option, either (i) postpone Settlement until Seller has completed such cure, (ii) terminate this Agreement or (iii) agree to accept any remaining uncured Title Objections. c. All restrictions, rights-of-way, easements and encroachments ofrecord on the date of execution of this Agreement which do not constitute Title Objections or that are Title Objections which are either (i) cured by Seller or (ii) subsequently accepted by Buyer in writing as provided above shall be referred to collectively as the "Permitted Exceptions", 8. AccessfRi!!ht of Entrv. During the Due Diligence Period, Buyer, or its agents, contractors, representatives, successors and assigns shall be permitted access to the Property for the purpose of making such studies of the Property as necessary to determine feasibility of the Property for Buyer's planned use and to determine the existence of any adverse environmental matters or conditions, It is expressly agreed, however, that: a. Such access shall be at Buyer's sole risk and expense; b. Seller shall not be responsible for and Buyer, to the extent permitted by law, shall indemnify and hold harmless Seller, and its agents, employees, volunteers, servants and officials against any and all claims, obligations, demands, actions or suits for bodily injury or property damage by any person arising from such access or the conduct of activities on the Property by Buyer, its agents, contractors, representatives, successors and assigns; and c. Neither Buyer nor any of its agents or contractors shall suffer or cause to be created any lien or encumbrance arising from such activities, and Buyer shall repair any damage to the Property resulting from such access. The obligations set forth in this Paragraph 8 shall survive Settlement or termination of this Agreement. 4 agceement of sale v2.doc 04/30/04 9, ContiUl!encies, a, This Agreement and the obligations of Buyer hereunder shall be subject to the availability of funding, and nothing contained herein shall be construed as binding the Buyer to expend any sum in excess of appropriations made by the City, or to involve the Buyer in any contract or other obligation for the further expenditure of money in excess of such appropriations or allocations. b, If anyone or more ofthe contingencies set forth below is not approved or effectuated, either party reserves the right to provide written notice to the other, not later than ten (10) days prior to the Settlement Date, that such party is terminating this Agreement. Upon receipt of such notification, neither party shall have any further rights against or obligations or liability to the other hereunder except as otherwise expressly provided herein, (i) The City must appropriate funds for the purchase of the Property, (ii) The City Council must approve the acquisition of the Property and take all necessary action to complete the acquisition. (iii) The Board of Directors of Seller must approve the sale of the Property and take all necessary action to complete the sale. c. Nothing contained in this Agreement shall be deemed to require or obligate the City or the City Council (or any member thereof) to take any particular actions with respect to the proposed and intended actions contemplated hereby, 10, Seller's Representations, a. Seller hereby represents that it is the sole owner of the Property, holds good and marketable title to the Property and can convey same in accordance with the terms and conditions herein specified. b. Seller represents and warrants that (i) Seller is a duly organized, validly existing corporation in good standing under the laws of the Commonwealth of Virginia; (ii) Seller has the power and authority to enter into this Agreement; and (iii) the undersigned officer of Seller is duly authorized to execute and deliver this Agreement. c, Seller further represents that to its actual knowledge there are no agreements existing, written, oral, or implied, limiting or restricting development of the Property except as set forth in this Agreement or as limited by current zoning or in current documents of record. d, There are no pending or, to Seller's actual knowledge, threatened judicial, municipal or administrative proceedings affecting the Seller or any portion of the Property or affecting Seller's right to sell any portion of the Property. 5 'gceoment of sale v2.doc 04/30/04 e, To Seller's actual knowledge, the Property is not in violation of any environmental laws, To Seller's actual knowledge, the Property does not contain any hazardous substances or hazardous materials as defined under applicable environmental laws, and the Property has not been used for the use, manufacture, storage, discharge, release or disposal of any of the foregoing. f. Seller's "actual knowledge" means Seller's current actual knowledge without the requirement for any independent investigation or inquiry. 11, Buver's Representations, Buyer represents that it intends to use the Property for the expansion of Tidewater Community College ("TCC"), Buyer agrees that it will not use the Property, or allow the Property to be used, for the provision of medical treatments or medical services to the public for a fee; provided, however, this restriction shall not apply to the use of the Property (i) as a medical educational facility or for instructional activities directly related to the educational mission ofTCC or (ii) as a health clinic providing medical services or treatment to students ofTCC or to the public, whether for a fee or not, so long as (x) such services or treatments are in conjunction with the educational mission ofTCC and (y) such services or treatments are not similar in nature to or in competition with those provided by Sentara Healthcare (or its successors). The foregoing restriction shall be included in the Deed. 12. Lel!:al and EQuitable Enforcement of Al!:reement. a. In the event the consummation of the transactions contemplated herein fail to occur by reason of any default by Seller, Buyer shall have the right (i) to receive the return of its Deposit hereunder, or (ii) to seek specific performance of this Agreement. b, In the event the consummation of the transaction contemplated herein fails to occur by reason of any default of Buyer, except as specified in Paragraph 8, Seller shall have as its sole remedy, the right to retain Buyer's Deposit as liquidated damages, it being acknowledged and agreed that in such event it would be difficult to ascertain the exact amount of Seller's damages, 13. Assil!:nment. Buyer's rights under this Agreement may not be assigned, except to another governmental entity, Any assignment made herein by Buyer shall not be interpreted as an agreement to extend the Due Diligence Period, Settlement Date or any of the provisions of this Agreement. In the event of such assignment, Buyer shall not be relieved of any obligations under this Agreement. 14. Survival. Unless the context otherwise requires, the provisions of this Agreement, including any indemnification, covenants, agreements, representations or warranties, shall survive Settlement hereunder and delivery of the Deed. 15, Successors and Assil!:ns. The terms and provisions of this Agreement are binding upon and will inure to the benefit of the parties, their respective successors and assigns. 6 agceement of sale vl.do, 04130104 16. Notices, All notices, requests or other communications under this Agreement shall be in writing and shall be deemed duly given upon delivery to the following applicable addresses either (i) in person or by reputable overnight or other private courier (with receipt therefor); (ii) by certified or registered mail, return receipt requested; or (iii) by facsimile transmittal, provided that the notice shall also be sent, either by certified mail, return receipt requested, or by Federal Express or other reputable overnight courier service within one (1) business day after such facsimile transmittal, as follows: As to Buyer: Copy to: As to Seller: Copy to: City of Virginia Beach Attn: Steven Thompson 2405 Courthouse Drive, Building 1 Virginia Beach, Virginia 23456 Fax #: 757-426-5665 Office of the City Attorney Attn: Jennifer V. Huelsberg 2412 North Landing Road, Building 20 Virginia Beach, Virginia 23462 Fax #: 757-563-1167 MPB, Inc, Attn: Donald V, Jellig 6015 Poplar Hall Drive, Suite 306 Norfolk, Virginia 23502 Fax #: 757-455-7756 Stephen R, Davis, Esq, Willcox & Savage, P.c. 222 Central Park Avenue, Suite 1500 Virginia Beach, Virginia 23462 Fax #: 757-628-5659 Addresses may be changed by written notice given pursuant to this provision. 17. Governinl! LawN enue, This Agreement shall be deemed to be a Virginia contract and shall be governed by the laws of the Commonwealth of Virginia, and the parties hereto designate the Circuit Court ofthe City of Virginia Beach, Virginia as the proper venue for all litigation of issues relating to this Agreement. 18. Entire Al!reement and Modification, There have been no other promises, consideration or representations made which are not set forth in this Agreement. There may be no modification ofthis Agreement, except in writing, executed by the authorized representatives of Seller and Buyer. agreement of sa!, vl.doc 04/30104 7 WITNESS the following signatures and seals: SELLER: MPB, INC" A Virginia corporation By: Donald V. Jellig, President (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this - day of ,2004, by Donald V. Jellig, President ofMPB, 1nc" a Virginia corporation, on its behalf, He is personally known to me, Notary Public My Commission expires 8 ag,.eement of sale v2.doc 04/30/04 BUYER: CITY OF VIRGINIA BEACH (SEAL) By: City Manager/Authorized Designee of City Manager ATTEST: Ruth Hodges Smith City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this - day of ,2004, by , City Manager/Authorized City Manager of the City of Virginia Beach, Virginia, on its behalf. He/she is personally known to me, Notary Public My Commission expires STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this - day of ,2004, by Ruth Hodges Smith, City Clerk of the City of Virginia Beach, Virginia, on its behalf. She is personally known to me, Notary Public My Commission expires 9 agreement of sale v2.doc 04/30/04 - ------.. .-- Approved as to Content: Real Estate Agent 10 agreement of sale v2.doc 04/30/04 Approved as to Form: City Attorney Exhibit "A" Property Description 11 ageeement of sale v2.doc 04/30/04 CITY OF VIRGINIA BEACH AGENDA ITEM - ITEM: Ordinance to Authorize the Acquisition of Property Located at 537 S. Rosemont Road MEETING DATE: May 11, 2004 . Background: The Department of Housing and Neighborhood Preservation ("DNHP") has provided federal funds to Habitat for Humanity for several years to purchase lots on which to build houses that are targeted for low-income first-time homebuyers, In 2002, Habitat used $35,000 in federal HOME funds to purchase the lot located at 537 S, Rosemont Road, Habitat spent an additional $1,685 in water/sewer tap fees, building permit fees, and real estate taxes, This was an independent purchase decision bv Habitat, not arranqed bv Citv staff, Habitat proceeded to have a site plan developed by a licensed engineer. Unfortunately, the engineer did not find all relevant information about the site. When Habitat then requested a building permit to start construction on the house, the Permits and Inspections office would not issue the permit because the lot was not served by public sewer. P&I also advised Habitat that the Rosemont Road Phase VI project (requested, but not funded) would require the purchase of the lot in the future, . Considerations: Unless Habitat builds housing on this lot or refunds the original grant of Federal funds, it will be in default on the contract with the City that provided the Federal funds to it. Purchasing the lot now, without a house on it, will a) allow Habitat to refund the original grant; b) reduce the cost to the City of the property, since there will not be a housing unit on it; c) avoid having to relocate the family that the house would have been sold to; d) allow a new grant to be made to Habitat to purchase other land more suitable for construction, . Public Information: This issue has been covered in the local newspaper in the past. In addition, the general issue of land for Habitat has been extensively covered, No additional public information activity outside of the normal agenda advertising is required. . Alternatives: 1) Do not purchase the land. Habitat would have to pay a significant amount of money to get the lot served by public sewer before it could construct a home that could be sold to a low-income homeowner. 2) The property could be purchased in the future when the Rosemont Road Phase VI project is funded. . Recommendations: The lot should be purchased now for use in the future roadway project. Funds are available in CIP # 2-285, Traffic Safety Improvements, """---,., Habitat should be required to refund the purchase price to the City, . Attachments: Ordinance Recommended Action: Approval of the ordinance Submitting Department/Agency: Housing a .n..d ~rtpOd Preservation and , . Public wor~i !À..../ City Manage~ "-~~ '.:'ltl F.\D."IATY\Fo~,\.....,\WORKING\H,b;". r.. Hom..;"IA".d,.d.. 1 2 4 5 6 10 11 12 13 14 15 16 17 ORDINANCE NO. AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF PROPERTY LOCATED AT 537 S. ROSEMONT ROAD, VIRGINIA BEACH, VIRGINIA FOR $36,685 FROM HABITAT FOR HUMANITY WHEREAS, the City of Virginia Beach Department of Housing and Neighborhood Preservation ("Housing") has provided federal funds to South Hampton Roads Habitat for Humanity, Inc. ("Habitat") for several years to purchase lots on which to build houses that are targeted for low-income first-time homebuyers; WHEREAS, in 2002 Habitat used $35,000 of these funds to purchase the lot located at 537 Rosemont Road, Virginia Beach, Virginia (the "Property"); WHEREAS, Habitat spent an additional $1,685 in water/sewer tap fees, building permit fees, and real estate taxes; 1 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS, the City staff has recognized that the Property should be purchased from Habitat, to be acquired in conjunction with the Rosemont Road re- widening project; WHEREAS, Habitat is willing to sell the Property and subsequently refund $35,000 to the City as a refunding of a prior Federal grant; WHEREAS, funds are available in the Traffic Safety Improvements, CIP # 2- 285 for this purpose; WHEREAS, the City Council of the City of Virginia Beach, Virginia (the "City Council") is of the opinion that the acquisition of the Property would enable Habitat to acquire a more suitable lot within the City; and WHEREAS, there are financial and other advantages to the City to purchase the property located at 537 S, Rosemont Road, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 2 33 1, That the City Council authorizes the acquisition of the Property 34 shown on Exhibit A attached hereto from South Hampton Roads Habitat for 35 Humanity, Inc, 36 2, That the City Manager or his designee is authorized to execute on 37 behalf of the City of Virginia Beach, an agreement of sale for the Property for the sum 38 of $36.685, the terms of which shall include a provision for the repayment by Habitat 39 to the City of $35,000 to reimburse the City for federal funds that the City previously 40 provided to Habitat to fund its acquisition of the Property, 41 3, That the City Manager or his designee is further authorized to 42 execute all documents that may be necessary or appropriate in connection with the 43 purchase of the Property. so long as such documents are acceptable to the City 44 Manager and the City Attorney, 45 3 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 47 - day of ,2004. 48 49 50 51 52 CA9182 date: April 20, 2004 R-1 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~ 53 54 55 56 57 58 59 60 APPROVED AS TO CONTENT: 61 62 63 ; /" 64 65 66 67 68 69 70 71 72 73 F, \D".\ATY\Fo.,,\Deed,\WORKmG\H.biw fo. Hu=nicy\CA9m.o.d.doo 4 537 South Rosemant Road - EXHIBIT A , -1.\'I\~'J2.S:G" TO 8726~0~ '. , ADST N DR' \ i .J ."", \ \ 148~. 8913,,9 000 1 II I \11.6= ADST NE D , .' " ,'. \ ': 1....1 " II 'I, ¡\, .. " 5~183400b \ " " ! ~\ORpE\RD " ( ", ! ! ',I i,l" 1480S891200000"~1! . I 3"24 OLD foRGE' . I' "'. Ii! -. . ~D"Q , t >\'G,;-li'. .,i ..'. "'3632. ---z 3777 , \ ,i I Points of Interests I . Shopping Center I 1- Schools I * Municipal Center ~ Parks & Recreation Centers J! Libraries & Museums I Street I Abc Subdivision 'v' Fire Stations 0 State Route SCALE 1: 1,155 ~ 100 - ~ 0 100 FEET 200 -I 300 /\ http://gis-server/amap/cvb,mwf Tuesday, April 20, 2004 11 :20 A~ 537 South Rosemant Road - EXHIBIT A Points of Interests 111m Shopping Center .. Schools * Municipal Center iii Parks & Recreation Centers m Libraries & Museums Abc Subdivision 'Õ¡ Street Fire Stations 0 State Route - SCALE 1 : 1,155 N í""" 100 ......, 0 http://gis-server/amap/cvb.mwf 100 FEET I 300 /~ 200 Tuesday, April 20, 2004 11 :20 AM CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinances to Designate Nonprofit Organizations as Exempt from Local Real and Personal Property Taxation MEETING DATE: May 11, 2004 . Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body, Prior to January 1, 2003, such exemptions could only be granted by the General Assembly, At § 58,1-3651 of the Virginia Code, the process is set forth for designating specific organizations as being exempt from local taxation, and a list of factors for the local governing body to consider is set forth, The City's application form asks for all the information that the City Council must consider. . Considerations: Three non-profit organizations have requested exemptions. 1. Hampton Roads Youth Hockey Association, Inc" was established to provide an organized amateur hockey program in the Hampton Roads area, It owns an ice-skating facility located at 4915 Broad Street with an assessed value of $999,212 in FY 2003-004; the annual real estate taxes on this building are $12,190, The Association also owns tangible personal property located in the City of Virginia Beach with an assessed value of $199,500; the taxes are $2952,60 in tax year 2004, To raise revenue, a for-profit subsidiary OT the Youth Hockey Association, Iceland of Hampton Roads, Inc" operates the facility as ice skating rink that is open to the public when youth hockey teams are not using the rink. 2. The Hampton Roads Junior Golf Foundation is organized to create a facility and program to make golf more accessible to all persons, particularly to children who would not otherwise have an opportunity to learn and play the game. The Foundation owns tangible personal property located in the City of Virginia Beach with an assessed value of $68,263,69; the taxes on this property are $1,010.30 in tax year 2004, The Foundation owns no real property and has limited its exemption request to its personal property, which consists of office equipment (computers, printers, copier), signs and golf course equipment. 3. Paradocks, Inc" was chartered "to provide charitable services for the disadvantaged and mobility-impaired population of Virginia Beach and Hampton Roads, Paradocks currently owns no real or tangible personal property located in the City of Virginia Beach, It seeks an exemption for a "new ADA compliant" vessel that will be purchased "to provide recreational therapy for mobility-impaired individuals," . Public Information: Virginia Code § 58.1-3651 requires that a public hearing be a conducted, The hearing must be publicized by an advertisement that includes the assessed value of the real and tangible personal property for which an exemption is requested, as well as the property taxes assessed on the property, . Attachments: Ordinances Recommended Action: N/A Submitting Department/Agency: City Council City Manager: ~\ k. . ~ H:\Policy and Adrninistration\GG\ Ordinances & ResolutionslHampton Roads Youth Hockey tax.arf.doc AN ORDINANCE TO DESIGNATE HAMPTON ROADS YOUTH HOCKEY ASSOCIATION, INC., AS BEING EXEMPT FROM LOCAL REAL AND PERSONAL PROPERTY TAXATION WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local property taxes to Hampton Roads Youth Hockey Association, Inc. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Hampton Roads Youth Hockey Association, Inc., as a benevolent organization within the context of § 6(a) (6) of Article X of the Constitution of Virginia. 2. That personal property owned by Hampton Roads Youth Hockey Association, Inc. , located within the City of Virginia Beach, and its real property located at 4915 Broad Street, that is used for benevolent purposes on a nonprofit basis is hereby exempt from local property taxation. 3. That this exemption is contingent on the following: (a) that the exempt property of Hampton Roads Youth Hockey Association, Inc., will continue to be used exclusively for benevolent purposes; (b) that each July 1, Hampton Roads Youth Hockey Association, Inc., shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; and (c) that every three years, beginning on July 1, 2007, Hampton Roads Youth Hockey Association, Inc. , shall file with the Commissioner of the Revenue an application for continuation of the exemption. 4. That the effective date of this exemption shall be July 1, 2004. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2004 CA-9190 H:\Po1icy Administration\GG\ordres\Harnpton Roads Youth Hockey.tax,ord R-2 April 16 2004 APPROVED AS TO LEGAL SUFFICIENCY: 2 AN ORDINANCE TO DESIGNATE THE HAMPTON ROADS JUNIOR GOLF FOUNDATION AS BEING EXEMPT FROM LOCAL PERSONAL PROPERTY TAXATION WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local property taxes to The Hampton Roads Junior Golf Foundation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates The Hampton Roads Junior Golf Foundation as a benevolent organization within the context of § 6(a) (6) of Article X of the Constitution of Virginia. 2. That personal property owned by The Hampton Roads Junior Golf Foundation located within the City of Virginia Beach that is used for benevolent purposes on a nonprofit basis is hereby exempt from local property taxation. 3. That this exemption is contingent on the following: (a) that the exempt personal property of The Hampton Roads Junior Golf Foundation will continue to be used exclusively for benevolent purposes; (b) that each July 1, The Hampton Roads Junior Golf Foundation shall file with the Commissioner of the Revenue a copy of its most recent federal income '---'-".. tax return, or, if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; and (c) that every three years, beginning on July 1, 2007, The Hampton Roads Junior Golf Foundation shall file with the Commissioner of the Revenue an application for continuation of the exemption. 4. That the effective date of this exemption shall be July 1, 2004. Adopted by the Council of the City of Virginia Beach, Virginia, on the ----- day of , 2004 CA-92l8 H:\PA\GG\ORDRES\Hampton Roads Jr. Golf Foundation,DOC R-3 April 16, 2004 APPROVED AS TO LEGAL SUFFICIENCY: ~ 2 AN ORDINANCE TO DESIGNATE PARADOCKS, INC., AS BEING EXEMPT FROM LOCAL PERSONAL PROPERTY TAXATION WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local property taxes to Paradocks, Inc. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Paradocks, Inc. , as a benevolent organization within the context of § 6(a) (6) of Article X of the Constitution of Virginia. 2. That personal property owned by Paradocks, Inc. , located within the City of Virginia Beach that is used for benevolent purposes on a nonprofit basis is hereby exempt from local property taxation. 3. That this exemption is contingent on the following: (a) that the exempt personal property of Paradocks, Inc. , will continue to be used exclusively for benevolent purposes; (b) that each July 1, Paradocks, Inc., shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; and (c) that every three years, beginning on July 1, 2007, Paradocks, Inc., shall file with the Commissioner of the Revenue an application for continuation of the exemption. 4. That the effective date of this exemption shall be July 1, 2004. Adopted by the Councjl of the City of Virginia Beach, Virginia, on the day of , 2004 CA-921fl H:\PA\aG\ORDRES\Paradocks,DOC R-3 April 16, 2004 APPROVED AS TO LEGAL SUFFICIENCY: 2 \. "" r~')i> ~^;t~)~} '('>~";'l "è~~J-. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO PORTIONS OF THE RIGHTS-OF-WAY OF INTERNATIONAL PARKWAY AND CENTRAL DRIVE, BY STIHL INCORPORATED, A DELAWARE CORPORATION MEETING DATE: . . . . Background: Stihllncorporated has submitted an application for an encroachment to construct and maintain a 2" conduit for computer-œbres to provide a computer network between its existing building and its new building under construction in Oceana West Industrial Park, Stihl wants to run the conduit approximately 2,650 linear feet on the north side of International ~ay from its building located at 601 Central Drive to its new building under construction at 2525 International Parkway, . Considerations: City staff has reviewed this request and there are no objections. Public Information: Advertisement of City Council agenda Alternatives: Approve the encroachment as presented, deny the encroachment or add conditions as desired by Council. . Attachments: Ordinance Location Map Agreement Plat Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Work~ City Manager~~ ~ .~~ H :IF arms IEnCro.chm.rUounci I Action ISlihnAG E N DA.F ORM ,d oc 1 2 3 4 5 6 7 8 9 10 11 12 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO PORTIONS OF THE RIGHTS-OF-WAY OF INTERNATIONAL PARKWAY AND CENTRAL DRIVE, BY STIHL INCORPORATED, A DELAWARE CORPORATION, ITS RELATED COMPANIES, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Stihl Incorporated, a Delaware corporation, ("Stihl") desires to 13 construct and maintain a 2" conduit for computer cables in City's right-of-way known as 14 International Parkway for approximately 2,650 linear feet from its existing building located at 601 Central Drive to its new building being constructed at 2525 International 15 16 Parkway, 17 WHEREAS, Stihl's new building site is presently owned by a holding company, 18 S,I. 103 LLC, a Virginia limited liability company, ("S,I. 103") which joins in the 19 encroachment request. The new building and site are in the process of being 20 transferred to Stihl. 21 WHEREAS, City Council is authorized pursuant to §§ 15,2-2009 and 15.2-2107, 22 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 23 City's rights-of-way subject to such terms and conditions as Council may prescribe, 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 25 26 That pursuant to the authority and to the extent thereof contained in §§ 15,2-2009 and 27 15.2-2107, Code of Virginia, 1950, as amended, Stihl and S, L 103 LLC, their assigns and 28 successors in title are authorized to construct and maintain a temporary encroaclnnent for a 2" 29 conduit for computer cables in the City's right-of-way as shown on 30 31 32 33 34 the map entitled: "LOCATION MAP SHOWING PROPOSED ENCROACHMENT INTO THE CITY OF VIRGINIA BEACH RIGHTS-OF- WAY OF INTERNATIONAL PAR'r<mAY AND CENTRAL DRIVE FOR STIHL INCORPORATED AND S,I. 103 LLC: a copy of which is designated as Exhibit "A" and is on file in the Department of Public Works and to which reference is made for a more particular description; and 35 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 36 subject to those terms, conditions and criteria contained in the Agreement between the 37 City of Virginia Beach and Stihllncorporated, a Virginia corporation and S,I. 103, LLC, a 38 Virginia limited liability company (the "Agreement"), which is attached hereto and 39 incorporated by reference; and 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 41 is hereby authorized to execute the Agreement; and 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 43 time as Stihl Incorporated and S,I. 103, LLC and the City Manager or his authorized 44 designee execute the Agreement. 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 46 - day of ,2004, 47 48 49 50 51 52 53 54 55 56 57 58 59 APPROVED AS TO LEGAL SUFFICIENCY AND FO~ CG/~<v-/? :Þ CITY ATTORNEY PREPARED: 4/26/04 H:\FormslEncroachment\Council ActionlStihllENC.doc c.AQ I gq 1496-B B- 1496-85-0581 ž ¡:;\ :;t ~ :::! ENCROACHMENT - APPROX. LOCATION OF 2" HDPE CONDUIT W/FIBER OPTIC & TWISTED PAIR COPPER CABLE (2650 LF.:!:) :z \ t1ffl --- u- r:T a LOCATION MAP SHOWING PROPOSED ENCROACHMENT INTO THE CITY OF VIRGINIA BEACH RIGHTS - OF - WAY OF INTERNATIONAL PARKWAY AND CENTRAL DRIVE FOR STIHL INCORPORATED AND 5.1. 103 LLc. SCALE: 1" = 400' PREPARED BY P!W ENG. CADD DEPT. APRil 2004 \1 i II PREPARED BY VIRGINIA BEACH CITY ATIORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 5KI-SlI(aX3) I AND 5S.I-SlI(cX4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 '... THIS AGREEMENT, made this 22nd day of April, 2004, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City"; and STlliL INCORPORATED, a Delaware corporation, and S.L 103 LLC, a Virginia limited liability company, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT NES SETH: That, WHEREAS, Stihl Incorporated, is the owner of that improved parcel of land known as 601 Central Drive (GPIN 1496-75-2905) located in the Oceana West Industrial Park (the "Existing Stihl Site") Area No. (2). The Existing Stihl Site is designated and described as "Parcel 80" as shown on that certain plat entitled "SUBDIVISION PLAT OF PARCELS 80, 82 AND RIGHT-OF-WAY DEDICATION BEING A SUBDIVISION OF A RESIDUAL PARCEL CONTAINING 37.986 AC. OF PROPERTY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY OCEANA WEST INDUSTRIAL PARK D.B, 2216, PG, 2005-2007 AND D.B. 2610 PG 1998-1999 VIRGINIA BEACH DEVELOPMENT I AUTHORITY PRINCESS ANNE BOROUGH VIRlGNIA BEACH, VIRGINIA", dated , September 26, 1988 and revised through December 6, 1988, Scale 1"=100'; That WHEREAS, S. L 103, LLC, is the owner of that parcel ofland known as 2525 International Parkway (GPIN 1496-73-5380) located in Oceana West Corporate Park, Areas No.2 & 3, which site will house an expansion building for Stihl (the "Expansion Site"), The Expansion Site is designated and described as "Parcel 103" as shown on that certain plat entitled "PARCEL 1 03 AND PARCEL CN-2 BEING A RESUBDIVISION OF PARCEL CN GPINS 1496-75-2905 and 1496-73-5380 , , , Î I I I ¡(MAP BOOK 285 AT PAGES 61-62) AND PARCEL 102-A (MAP BOOK 285 AT PAGES 61 I ~ 62) AND PARCEL 102-A (MAP BOOK 285 AT PAGES 61-62) FOR THE CITY OF /vIRGINIA BEACH DEVELOPMENT AUTHROITY OCEANA WEST CORPORATE PARK ~IRGINIA BEACH, VIRGINIA", dated Apri123, 2003, Scale: 1 "=100'; l WHEREAS, it is proposed by the Grantee to construct and maintain a 2" uried high density polyethylene ("HDPE") conduit for computer cables to house fiber optic and twisted-pair copper cable, "Temporary Encroachment" to provide a computer network I Iconnection between the Existing Stihl Site and the Expansion Site, WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into portions of City rights of way known as International Parkway and Central Drive, approximately 2,650 linear feet from 601 Central Drive to 2525 International Parkway "The Encroachment Area"; and I I IEncroachment within The Encroachment Area, i I Ibenefits accruing or to accrue to the Grantee and for the further consideration of One Dollar I j($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to I ¡the Grantee permission to use The Encroachment Area for the purpose of constructing and I ¡maintaining the Temporary Encroachment. i i WHEREAS, the Grantee has requested that the City permit a Temporary NOW, THEREFORE, for and in consideration of the premises and of the It is expressly understood and agreed that the Temporary Encroachment ¡will be constructed and maintained in accordance with the laws of the Commonwealth of ¡Virginia and the City of Virginia Beach, and in accordance with the City's specifications and I , 'approval and is more particularly described as follows, to wit: 2 , ì í I I I II II I I ordering the Grantee to remove, all or any part of the Temporary Encroachment from The I Encroachment Area in the event of an emergency or public necessity. A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "LOCATION MAP SHOWING PROPOSED ENCROACHMENT INTO CITY OF VIRGINIA BEACH RIGHTS-OF-WAY OF INTERNATIONAL PARKWAY AND CENTRAL DRIVE FOR STIHL INCORPORATED AND S.L 103 LLC", a copy of which is attached hereto as Exhibit" A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The I Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and I hold harmless the City, its agents and employees, from and against all claims, damages, losses I land expenses including reasonable attorney's fees in case it shall be necessary to file or defend an II." f 1. . fhT h ¡action an sing out 0 the ocatIon or existence 0 t e emporary Encroac ment. II It is further expressly understood and agreed that nothing herein contained shall be I ¡construed to enlarge the permission and authority to pennit the maintenance or construction of ¡any encroachment other than that specified herein and to the limited extent specified herein, nor i Ito pennit the maintenance and construction of any encroachment by anyone other than the ,Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the 3 Temporary Encroachment so as not to become unsightly or a hazard. II It is further expressly understood and agreed that the Grantee must submit and have' II approved a traffic control plan before commencing work in The Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit ITam the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area, It is further expressly understood and agreed that prior to issuance of a right-of-way permit, the Grantee must post a bond or other security to be held no less then 24 for months, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. I It is further expressly understood and agreed that the Grantee will replace the ¡sidewalk and/or bike path that is damaged during the construction of the Temporary IEncroachment to the satisfaction of the City of Virginia Beach. I It is further expressly understood and agreed that the Grantee must obtain and keep I in force all-risk property insurance and general liability or such insurance as is deemed necessary I by the City, and all insurance policies must name the City as additional named insured or loss ¡payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance \in an amount not less than $500,000.00, combined single limits of such insurance policy or I ¡policies. The Grantee will provide endorsements providing at least thirty (30) days written 4 !1 !\ . II I II II notice to the City prior to the cancellation or termination of, or material change to, any of the I I. i.~,re p.li"~ Tire G<M'" M,"m~ oil ",,'Mibili"~ "ill li"'ili"~, "~"d OC 00,6""" I II with relation to the Temporary Encroachment. II I' II It is further expressly understood and agreed that the Grantee must submit for I review and approval, a survey of The Encroachment Area, certified by a registered professional ! engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by ,I Iithis Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per i day for each and every day that the Temporary Encroachment is allowed to continue thereafter, I II ' I and may collect such compensation and penalties in any manner provided by law for the I , ! I collection of local or state taxes. I IN WITNESS WHEREOF, the said Stihl Incorporated, a Delaware corporation, has I I caused this Agreement to be executed in its corporate name and on its behalf by its president. I I I ¡: 'I 5 IN WITNESS WHEREOF, the said S,L LLC, a Virginia limited liability company has caused this agreement to be executed on its behalf by Fred 1. Whyte, President of Stihl Incorporated, a Delaware corporation, which is the Sole Managing Member of S.L 103 LL.C" a Virginia limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia has caused this agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By: City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk STIHL INCORPORATED, :: .w~ ~.n~. ~ ,~ Fred 1. Whyte, President ( S.I. 103, LLC a Virginia limited liability company BY: STIHL INCORPORATED, a Delaware corporation Fred J. Whyte, President 6 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this - day of , 2004, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit The foregoing instrument was acknowledged before me this - day of , 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF ¿¿'~4'~~ II CITY/C#TY H"F Va. &a cÁ- , to-wit: The foregoing instrument was acknowledged before me this 2L day of I I Ii ¡OÆi 'L , 2004, by Fred 1. Whyte, President, on behalf of STlliL INCORPORATED, a I Delaware corporation. ~okl~ é. :J}O~ Notary Public My Commission Expires: 1/31/&5 7 ~ . Æ/å.- STATE OF Æ~~ '. ßLac!v CITY/C~TY Ö't II: 1! þrua. , to-wit: The foregoing instrument was acknowledged before me this ~ day of P f7 A:.- .t , 2004, by Fred J. Whyte, President of STIHL INCORPORATED, a Delaware corporation, which is the Sole Managing Member of S.L 103, LLC, a Virginia limited liability company. .2)o/ú~ é:. :3c;.e64t Notary Public My Commission Expires: 1/3/ /.zOOS APPROVED AS TO CONTENTS ~mr~ c. æiJ5/},- NATURE Pw Rtaf é~ DEPARTMENT APPROVED AS TO LEGAL SUFFIECIENCY AND FORM {~W ~~ H :\FormslEncroacbmentlCouncil ActionlStibilENCROA CHMENT .AGREEMENT.doc 8 mID.; 1. PROPOSED ENCROACHMENT FOR HOPE CONDUIT WITH F.O AND COPPER TWISTED PAIR CABLE. CABLE IS NOT FOR COMMERCIAL USE, AND NOT A UTILITY OFFERED TO THE PUBLIC. 2. HOPE CABLE INSTALLED BY HORIZONTAL DIRECTIONAL DRILLING AT NOMINAL DEPTH OF 6.0" EXCEPT AS NOTED GRAPHIC SCALE 0 30 60 ~---"'" I 1 inch = 30 It (IN FEET) LANDMARK DESIGN GROUP THIS SKETCH MODIFIES WORK SHOWN ()N SHEET EngIOeers . I'IarWis . SUrveyors I.and5Cape Atd1IteCIS . EmifronmenI3I $dentists Sketch No.: 5544 Greenwich Road Project Name: Suite 200 Virgihio Beach, VA 23462 Tel. (757) 473-2000 Fox (757) 497-7933 Emoil: Imdg@londmorkdg.com Project No.: Drafted by. Checked by: Date: SKC-1 FIBER-OPTIC CABLE LAYOUT STIHL, INC. 2004049- 001. 99 MDK KJY 04/08/04 GRAPHIC SCALE 0 30 60 ~....--"'" I 1 inch = 30 ft. (IN FEET) Tl-I/S SKETCH MOD/RES WORK SHOWN ON SHEET ,I '~íK~;)^¥H"" Rf-MOV(. GUARDRAIL (250 Lf.) "" ,-. ~ 1. PROPOSED ENCROACHMENT FOR HDPE CONDUIT WITH F.O AND COPPER TWISTED PAIR CABLE. CABLE IS NOT FOR COMMERCIAL USE. AND NOT A UTILITY OFFERED TO THE PUBLIC. 2. HDPE CABLE INSTALLED BY HORIZONTAL DIRECTIONAL DRILLING AT NOMINAL DEPTH OF 6.0" EXCEPT AS NOTED LANDMARK DESIGN GROUP fngIneers .PIii/1I1eiS-. SuMyaIs lædscape An:I1Iœas . E'nvIronmentaI ScIentIsts Sketch No.: 5544 Greenwich Road Project Name: Suite 200 Virginia Beach. VA 23462 Tel. (757) 473-2000 Fax (757) 497-7933 Email: Imdg@andmarkdg.com Project No.: Drafted by. Checked by. Date: SKC-2 FIBER-OPTIC CABLE LAYOUT STIHL. INC. 2004049-001.99 MDK KJY 04/08/04 JiQ.ill; 1. PROPOSED ENCROACHMENT FOR HOPE CONDUIT WITH F.O AND COPPER TWISTED PAIR CABLE. CABLE IS NOT FOR COMMERCIAL USE, AND NOT A UTILITY OFFERED TO THE PUBLIC. 2. HOPE CABLE INSTALLED BY HORIZONTAL DIRECTIONAL DRILLING AT NOMINAL DEPTH OF 6.0" EXCEPT AS NOTED 'j' ""'<íJ~~f<:J)~)¿'l;", \','.,',,' ", "-ð ,.>~.,1:,*~",',~,'"q."""!!;",,,""""""""""~,,,,¡c.,r," , ",,"';c," 'i<i"kh .:<" . .r... , "<;';';;',;,",{',Jv, / . '<"!'\)., "'.f;.¡;1;f".¡., \: .,,-<tV.; '1'1,::\' GRAPHIC SCALE L- - ...;P 610 - - I inch = 30 fl, (IN FEET ) LANDMARK DESIGN GROUP THIS SKETCH MODIFIES WORK SHOWN ON SHEET Engineers . Planners ; SUrveyors ~ Mt1ItecIs . EnvIronmentaI'ScIentIsts Sketch No.: 5544 Greenwich Rood Pro ject Name: Suile 200 Virginia Beach, VA 23462 Tel. (757) 473-2000 Fax (757) 497-7933 Email: Imdg@andmarkdg,com Project No,: Drofted by. Checked by. Date: SKC-3 FIBER-OPTIC CABLE LAYOUT STIHL, INC, 2004049- 001. 99 MDK KJY 04/08/04 ~ 1. PROPOSED ENCROACHMENT FOR HDPE CONDUIT WITH F.O AND COPPER TWISTED PAIR CABLE. CABLE IS NOT FOR COMMERCIAL USE, AND NOT A UTILITY OFFERED TO THE PUBLIC. 2. HDPE CABLE INSTALLED BY HORIZONTAL DIRECTIONAL DRILLING AT NOMINAL DEPTH OF 6.0" EXCEPT AS NOTED GRAPHIC SCALE 0 30 60 ~---....¡ I LANDMARK 1 Inch ~ 30 It. (IN FEET) DESIGN GROUP THIS SKETCH MODIFIES WORK SHOWN ON SHEET EngIneers, PIanneIs . Sun/eyoIs I.Mtdsc.ape ArchJtects . EnvIronmental Sdentfsts Sketch No.: 5544 Greenwich Rood Project Name: Suite 200 Virginia Beach. VA 23462 Tel. (757) 473-2000 Fax (757) 497-7933 Email: Imdg@andmarkdg.com Project No.: Drafted by. Checked by. Dote: SKC-4 FIBER-OPTIC CABLE LAYOUT STIHL, INC. 2004049-001.99 MDK KJY 04/08/04 W,N! i',{VE¡t/itlf~' " ¡ iff¡ f1r'F'I;~q~~;~\ tidAl ~),2{) T f- " I, .t!QIES; 1. PROPOSED ENCROACHMENT FOR HDPE CONDUIT WITH F.O AND COPPER TWISTED PAIR CABLE. CABLE IS NOT FOR COMMERCIAL USE. AND NOT A UTILITY OFFERED TO THE PUBLIC. 2. HDPE CABLE INSTALLED BY HORIZONTAL DIRECTIONAL DRILLING AT NOMINAL DEPTH OF 6.0" EXCEPT AS NOTED GRAPHIC SCALE 0 30 60 ~---"'" I LANDMARK I inch = 30 fl, (IN FEET) DESIGN GROUP THIS SKETCH MODIFIES WORK SHOWN ON SHEET &1g1neers . Planners ' Surveyors Landscape Nch/t«Is ' EnvftonmentaI ScIentIsts Sketch No.: 5544 Greenwich Rood Project Nome: Suite 200 Virginia Beach, VA 23462 Tel. (757) 473-2000 Fox (757) 497-7933 Emoil: Imdg@ondmorkdg.com Project No.: Drafted by. Checked by. Date: SKC-5 FIBER-OPTIC CABLE LAYOUT STIHL, INC. 2004049-001.99 MDK KJY 04/08/04 }/-..- ;;C8~srORM 42" STORM 48" STORM BOTTOM (ALL) 8.7' DEEP YDI BOTTOM .MQIES.; 1. PROPOSED ENCROACHMENT FOR HDPE CONDUIT WITH F.O AND COPPER TWISTED PAIR CABLE. CABLE is NOT FOR COMMERCIAL USE, AND NOT A UTILITY OFFERED TO THE PUBLIC. 2. HDPE CABLE INSTALLED BY HORiZONTAL DIRECTIONAL DRILLING AT NOMINAL DEPTH OF 6.0" EXCEPT AS NOTED GRAPHIC SCALE 0 30 60 ~--_....01 I 1 inch = 30 It. (IN FEET) LANDMARK DESIGN GROUP THIS SKETCH MODIFIES WORK SHOWN ON SHEET EngIneers . Planners . SuM.ym L.1ndscape Nd1ItecU . fmIfronmen1a ScIentIsts Sketch No.: 5544 Greenwich Road Project Nome: Suite 200 Virginia Beach, VA 23462 Tel. (757) 473-2000 Fax (757) 497- 7933 Email: Imdg@andmarkdg.com Project No.: Drofted by. Checked by. Dote: SKC-6 FIBER-OPTIC CABLE LAYOUT STIHL. INC. 2004049-001.99 MDK KJY 04/08/04 YOl R?M ¡OfJ.') ~ GRAPHIC SCALE 0 30 60 ~-....,¡ I 1 inch = 30 ft. (IN FEET) THIS SKETCH MODIFIES WORK SHOWN 'ON SHEET ~ 1. PROPOSED ENCROACHMENT FOR HDPE CONDUIT WITH F.O AND COPPER TWISTED PAIR CABLE. CABLE IS NOT FOR COMMERCIAL USE. AND NOT A UTILITY OFFERED TO THE PUBLIC. 2. HDPE CABLE INSTALLED BY HORIZONTAL DIRECTIONAL DRILLING AT NOMINAL DEPTH OF 6,0" EXCEPT AS NOTED LANDMARK DESIGN GROUP frIgJnem . 1'Ianr1tiS. SIJMjIiiS Undscape ArchItecIS . EnvfronmenIa ScIentIsts Sketch No.: 5544 Greenwich Rood Pro ject Nome: Suite 200 Virginia Beach, VA 23462 Tel. (757) 473-2000 Fox (757) 497-7933 Email: Imdg@londmorkdg.com Project No.: Drofted by. Checked by. Dote: SKC- 7 FIBER-OPTIC CABLE LAYOUT STIHL. INC. 2004049-001.99 MDK KJY 04/08/04 )\', ,'"'¡'!,- ,.,I~-~- \~-;;'E, , , ;';7.> ë-. ~--'.' ;.//;," " ' '" , ' i ~ /, 1. PROPOSED ENCROACHMENT FOR HDPE CONDUIT WITH F.O AND COPPER TWISTED PAIR CABLE. r1, CABLE IS NOT FOR COMMERCIAL USE, AND NOT A UTILITY OFFERED TO THE PUBLIC. '~.Ii 2. HDPE CABLE INSTALLED BY HORIZONTAL DIRECTIONAL DRILLING AT NOMINAL DEPTH OF 6,0" I EXCEPT AS NOTED ! s GRAPHIC SCALE 0 ~ w 1...----"" I 1 inch = 30 ft, (IN FEET) THIS SKETCH MODIFIES WORK SHOWN ON SHEET LANDMARK Sketch No.: 5544 Greenwich Road Pro ject Name: Suite 200 Virginio Beoch, VA 23462 Tel. (757) 473-2000 Fax (757) 497-7933 Emoil: Imdg@ondmorkdg,com DESIGN GROUP Project No.: Drafted by. Checked by. Date: Engineers . PIannets . Survtyors I.1r)dscape M:hIœcIs . EnvIronmental ScIentIsts --~ SKC-8 FIBER-OPTIC CABLE LAYOUT STIHL, INC. 2004049-001.99 MDK KJY 04/08/04 ,G 'Ie . :\ y"'-- -.-- GRAPHIC SCALE 0 30 60 1.....-....-...."'" I I inch ~ 30 It. (IN FEET) THIS SKETCH MODIFIES WORK SHOWN ON SHEET ß h I NT~R~~!IONALP AR~W~ Y . 'c.-\!-" --- .!::illIES; 1. PROPOSED ENCROACHMENT FOR HDPE CONDUIT WITH F.O AND COPPER TWISTED PAIR CABLE. CABLE IS NOT FOR COMMERCIAL USE, AND NOT A UTILITY OFFERED TO THE PUBLIC. 2. HDPE CABLE INSTALLED BY HORIZONTAL DIRECTIONAL DRILLING AT NOMINAL DEPTH OF 6.0" EXCEPT AS NOTED LANDMARK Sketch No.: Project Nome: SKC-9 FIBER-OPTIC CABLE LAYOUT STIHL, INC. 2004049- 001. 99 MDK KJY 04/08/04 5544 Greenwich Road Suite 200 Virginia Beach. VA 23462 Tel. (757) 473-2000 Fax (757) 497- 7933 Email: Imdg@landmarkdg.com Project No.: Drafted by. Checked by. Dote: DESIGN GROUP EngIneerS '. Planners . ~ landscape Ard1IœcIs . fnvIronmenIaI ScIentIsts -1V4i:W "J1If"\ mIES; Z W. ;¿¡ ,1. PROPOSED ENCROACHMENT FOR HDPE CONDUIT WITH F.O AND COPPER TWISTED PAIR CABLE. Ie CABLE IS NOT FOR COMMERCIAL USE. AND NOT A UTILITY OFFERED TO THE PUBLIC. ~g~O~N~~, 2. HDPE CABLE INSTALLED BY HORIZONTAL DIRECTIONAL DRILLING AT NOMINAL DEPTH OF 6.0" "r' "~'~ EXCEPT AS NOTED DEEP \ .~ GRAPHIC SCALE 0 30 60 L...-....- -....,¡ I 1 inch = 30 ft. (IN FEET) LANDMARK DESIGN GROUP THIS SKETCH MODIFIES WORK SHOWN ON SHEET Engineers. Planners . Su/ve)'ors landscape Architects . EnvIronmenIal ScIentIsts Sketch No.: 5544 Greenwich Rood Project Name: Suite 200 Virginio Beoch, VA 23462 Tei. (757) 473-2000 Fox (757) 497-7933 Emoil: imd9@ondmorkdg.com Project No,: Drafted by. Checked by. Date: SKC-1Q FIBER-OPTIC CABLE LAYOUT STIHL, INC. 2004049-001.99 MDK KJY 04/08/04 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment Request for David I. Ansell and Amanda Ansell- 814 Close Avenue Concrete Pavers, Walkway and Steps in Existing 20' Utility & Drainage Easement MEETING DATE: May 11, 2004 . . . . . . Background: Mr. and Mrs. Ansell have submitted to the City a single family site plan for a new two story frame dwelling on pilings. The new two story structure will replace a fonner structure built on the subject property, 814 Close Avenue, in 1950. The plan also indicates that the existing driveway, utilized with the fonner structure, will be enlarged with concrete pavers and a walkway and steps will also be installed. Considerations: In order to install the concrete pavers, walkway and steps as proposed, the applicants will need to encroach into a portion of the existing 20' City utility and drainage easement located along their westernmost property line. This matter has been reviewed by all of the appropriate City agencies. Public Information: Advertisement of Council Agenda for encroachment approval. Alternatives: Approve, approve with additional conditions, or deny the Encroachment. Recommendations: City staff recommends approval of the encroachment. Attachments: Location Map Ordinance Exhibit Plat Agreement Recommended Action: Approve the Encroachment Submitting DepartmentlA9j1.CY: Public Works/Real Estate 'i:Pf.- City .'M""" (t"' r.- . ðt3 ð>'{ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S 20' UTILITY AND DRAINAGE EASEMENT LOCATED WITHIN THAT PROPERTY KNOWN AS 814 CLOSE AVENUE BY DAVID IRVIN ANSELL AND AMANDA ANSELL, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, DAVID IRVIN ANSELL and AMANDA ANSELL, desire to construct and maintain concrete pavers, a walkway and steps into the City's 20' utility and drainage easement, which crosses the westernmost portion of their property located at 814 Close Avenue, Virginia Beach, Virginia 23451-4758 (GPIN 2417-90-7822). WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and ]5.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's easements subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in § § 15.2-2009 and ] 5.2-21 07, Code ofVirginia, ] 950, as amended, DAVID IRVIN ANSELL and AMANDA ANSELL, their heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment for concrete pavers, a walkway and steps into the City's 20' utility and dTainage easement as shown on the plat entitled: "EXHIBIT SHOWING PROPOSED ENCROACHMENT FOR SITE PLAN OF LOT C2 RESUBDIVISION OF PROPERTY, LOTS C & 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 D, PLAT OF RESUBDMSION OF LOTS 8 THRU 15, INCL., BLOCK 53 MAP OF SHADOW LAWN HEIGHTS", a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach andDA VID IRVIN ANSELL and AMANDA ANSELL (the "Agreement") which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as DAVID IRVIN ANSELL and AMANDA ANSELL and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the - day of ,2004. CA-9181 PREPARED: 03117/04 APPROVED AS TO CONTENTS ~&ð" C. ~-r~ ßIGNATURE p[ij I\td [M- DEPARTMENT APPROVED AS TO LEGAL ~C~RM CITY ATTORNEY 2 PREPAREDBYVffiG&nABEACH CITY ATIORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-81 1 (a)(3) AND 58.1-81 1 (c)(4) REIMBURSEMENT AUTIIORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this 31" day of March, 2004, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and DAVID IRVIN ANSELL. a!kIa DAVID 1. ANSELL and AMANDA ANSELL husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantees". WITNESSETH: That, WHEREAS, David Irvin Ansell is the owner of that certain lot, tract, or parcel ofland designated and described as 814 Close Avenue, Virginia Beach, Virginia 23451-4758; WHEREAS, it is proposed by the Grantees to construct and maintain concrete pavers (approx. 35'long and 7.6' wide) for the expansion of the existing driveway, a walkway (approx. 9' long and 7.6' wide) and 2 steps (approx. 16" high and 7.6' wide), "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantees encroach into a portion of an existing 20' City utility and drainage easement located along the Western property line of the subject property, "The Encroachment Area"; and WHEREAS, the Grantees have requested that the City pennit a Temporary Encroachment within The Encroachment Area. GPIN 2417-90-7822 II NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantees and for the further consideration of One Dollar ($1.00), in band paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantees permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "EXlßBlT SHOWING PROPOSED ENCROACHMENT FOR SITE PLAN OF LOT C2 RESUBDMSION OF PROPERTY, LOTS C & D, PLAT OF RESUBDIVISION OF LOTS 8 THRU 15, INCL., BLOCK 53 MAP OF SHADOW LAWN HEIGHTS", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantees, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area I by the Grantees; and that the Grantees will bear all costs and expenses of such removal. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from The Encroachment Area in the event of an emergency or public necessity. 2 It is further expressly understood and agreed that the Grantees shall indemnifY and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantees. It is further expressly understood and agreed that the Grantees agree to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantees must obtain a permit from the Office of Development Services CenterlPlanning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantees must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantees also agree to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantees will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantees assume all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. 3 It is further expressly understood and agreed that the Grantees must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and pennission so granted, may remove any such temporary encroachment and charge the cost thereof to the Grantees, and collect the cost in any manner provided by law for the collection oflocal or state taxes; may require the Grantees to remove such temporary encroachment; and if such removal shall not be made witlún the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter, and shall collect such I compensation and penalties in any manner provided by law for the collection oflocal or state taxes. I IN WITNESS WHEREOF, DAVID 1. ANSELL and AMANDA ANSELL, the said Grantees have caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalfby its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager 4 (SEAL) ATTEST: Ruth Hodges Smith, MMC City Clerk ~..!\~.,}\ I \ \1 v' . SELL' (SEAL) {¿^t1-iÚA Ie. {~ AMANDA ANSELL (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this - day of 2004, by , City Manager/Authorized Designee of the City Manager of the City of Virginia Beach, Virginia, on its behalf He/She is either personally known to me or has produced a -as identification. - 'Notàry~- I My commission expires: 5 II I STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this - day of 2004, by Ruth Hodges Smith, MMC, City Clerk of the City of Virginia Beach, Virginia, on its behalf He/She is either personally known to me or has produced a , as identification. I Notary Public My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 3 1,45- day of 111á¡-Gi~ , 2004, by DAVID I. ANSELL. He is either personally known to me or has produced a ~ ¡,^ {íl (}¡ IJ8fS i i SW,u.. as identification. My Commission Expires: MyCøl:¡s¡cr.E:o.¡¡iresMarc!13:,2.Q,Oi\. 6 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this :31 ~-t day of fr1 ¿We' It , 2004, by AMANDA ANSELL. She is either personally known to me or has produced a Vt\,..¡¡i~\t(¡ "hv-¡Vf..r 'so (I~U- as identification. ~ r); ~~ My Comnússion Expires: My Commlss!an Expires March 3í . 20GB APPROVED AS TO CONTENT (\ , n '., ,x/¡frt(/¡.-.' oÍ1f1)SA, CiTY REAL EST ATE AGENT I Rev. 03-24-04 7 LAKE RUDEE 40 0 40 ~'-- GRAPHIC SCALE ".....'" ~~$tJ.TH 01>'. ~~""'.. ~O ,'r. ~ J ,':j.,4t . PAULR. SlIdE:. -,.11': i No. 002546 1 " OI/Z9/ð4j '\~~J\rD 8URØ~ ~........ JOR I: 0:122709 LOCATION MAP SCALE: '"=2000' EXHIBIT "A" 80 OWNER: DAVID I. ANSELL 814 CLOSE AVENUE VIRGINIA BEACH, VA 23451 PROPERlY ADDRESS: 814 CLOSE AVENUE REFERENCES: D.B. 3271, PG. 983 DB. 3434, PG. 2140 M.B. 93, PG. 21 EXHIBIT SHOWING PROPOSED ENCROACHMENT FOR SITE PLAN OF LOT C2 RESUBDIVISION OF PROPERTY, LOTS C & D, PLAT OF RESUBDIVISION OF LOTS 8 THRU 15, INCL., BLOCK 53 MAP OF SHADOW LAWN HEIGHTS DATE: JAN. 29, 2004 SCALE: "'=40' PRECISION MEASUREMENTS, INC, SURVEYORS. GPS . GIS. MAPPERS 851 SEAHAWK CIRCLE, SUITE 103 VIRGiNIA BEACH, VIRGINIA 23452 (757) 368-0945 MERiDIAN is BASED ON: M.B. 93, PG, 21 ACAD: ANSFI L-EXI-iIBIT.DWG 20' UTILITY & DRAINAGE EASEMENT ..--------... LAKE RUDEE # 814 GPIN # 2417-90-7822 ./" LOCATION MAP SHOWING PROPOSED ENCROACHMENT INTO AN EXISTING 20' CITY UTILITY AND DRAINAGE EASEMENT LOCATED AT 814 CLOSE AVENUE FOR DAVID I. ANSELL AND AMANDA ANSELL SCALE: 1" = 200' CLOSE.DGN M.J.5. -- PREPARED BY PM' ENG. CADD DEPT. MARCH 2004 LAKE RUDEE CLOSE A VENUE (50' R/W) 40 0 40 r---- - GRAPHIC SCALE .... .....--"'. crt::d-:vLTH OJ> - ~ 0+ -.. ~ , ~ J ~. . PAUL~('.',P' : . . \ No. 002546: ~. ! /Z9/ð4- ! ~~ SUR.ør ......, JOB #: 0322709 80 REFERENCES: D.B. 3271, PG. 983 D.B. 3434, PG. 2140 M.B. 93, PG. 21 MERIDIAN IS BASED ON: M.B. 93, PG. 21 ACAD: ANSELL-EXHIBIT.DWG ---------- LOCATION MAP SCALE: 1"=2000' OWNER: DAVID I. ANSELL 814 CLOSE'AVENUE VIRGINIA BEACH, VA 23451 PROPERTY ADDRESS: 814 CLOSE AVENUE EXHIBIT SHOWING PROPOSED ENCROACHMENT FOR SITE PLAN OF LOT C2 RESUBDIVISION OF PROPERiY. LOTS C & D, PLAT OF RESUBDIVISION OF LOTS 8 THRU 15, INCL.. BLOCK 53 MAP OF SHADOW LAWN HEIGHTS DATE: JAN. 29, 2004 SCALE: 1"=40' PRECISION MEASUREMENTS, INC. .URVEYORS . GPS . GIS. MAPPERS 851 SEAHAWK CIRCLE, SUITE 103 VIRGINIA BEACH, VIRGINIA 23452 (757) 368-0945 ~.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment Request for Joseph M. Hanley, Jr. and Lori Anne Hanley at 541 Virginia Dare Drive MEETING DATE: May 11, 2004 . Background: Mr. and Mrs. Joseph M. Hanley, Jr. have requested permission to encroach into a portion of City property known as Lake Wesley for the purpose of modifying and maintaining an existing fixed pier, floating pier, boat lift and mooring piles behind their property at 541 Virginia Dare Drive, in the Croatan Beach neighborhood. . Considerations: Staff has reviewed this request and has no objections to this encroachment from an operational and maintenance standpoint. There are similar type approved encroachments in the adjacent vicinity. . Public Information: Advertisement of City Council Agenda. . Alternatives: Approve the encroachment as requested, deny the encroachment, or add conditions as desired by Council. . Recommendations: Staff recommends approval of this encroachment subject to the applicant complying with conditions set forth in the agreement. Authorize City Manager to sign agreement. . Attachments: Ordinance, Location map, Agreement, Plat Recommended Action: Approve Submitting Department/Agency: Public Works ~ ~'Y ..n.,." ~ k . ~ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 Requested by Department of Public Works 2 3 4 5 6 7 8 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S PROPERTY KNOWN AS LAKE WESLEY BY JOSEPH M. HANLEY, JR. AND LORI ANNE HANLEY, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE 9 WHEREAS, JOSEPH M. HANLEY, JR. and LORI ANNE HANLEY, desire to modify an existing boat lift and pier upon the City's property known as Lake Wesley. WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachment upon the City's property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, JOSEPH M. HANLEY, JR. and LORI ANNE HANLEY, their heirs, assigns and successors in title are authorized to modify construct and maintain a temporary encroachment for an existing fixed pier, floating pier, boat lift, and mooring piles upon the City's property known as Lake Wesley as shown on that certain plat entitled: "PROPOSED ENCROACHMENT PRIVATE PIER, LIFTS AND MOORING PILES FOR JOSEPH M. AND LORI N. HANLEY LOT 24, CROAT AN BEACH BEACH DISTRICT VIRGINIA BEACH, VA(M.B. 37, PG.11) DATE: FEBRUARY 27, 2003 REVISED: JUNE 20,2003 REVISED: MARCH 10,2004", a copy of which ¡son file in the Department of Public Works and to which reference is made for a more particular 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 description; and BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and JOSEPH M. HANLEY, JR. AND LORI ANNE HANLEY (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as JOSEPH M. HANLEY, JR. AND LORI ANNE HANLEY and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the - day of ,2004. ~.Mro~. . .. C . W-t,ùslv\ D..SIGNATURE 1\ (Pi {JJkt¡ DEPARTMENT TO LEGAL FORK CA-<\'&~ PREPARED: April 14, 2004 R :\FormslEncroachmentICouncil Action IHanley'hanley.ord. wpd - ~ ~ ~ --------------- ñ ---- 0 Q ~ VA DARE.DGN M.J.5. PREPARED BY VIRGINIA BEACH CITY A TIORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(0)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this 8th day of April, 2004, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and, JOSEPH M. HANLEY, JR. and LORI ANNE HANLEY, THEIR HEIRS, ASSIGNS AND SUCCESSORS '[!IN TITLE, "Grantee", even though more than one. W1TNES SE TH: [ That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot 24 as shown on that certain plat entitled: "RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO., VA.", dated June, 1954, Scale: 1"=100', which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 37, Page 11, and being further designated I land described as 541 Virginia Dare Drive, Virginia Beach, Virginia 23451; I I I WHEREAS, it is proposed by the Grantee to modify an existing fixed pier, floating pier, boat lift and mooring piles "Temporary Encroachment", in the City of Virginia Beach; I i lit is necessary that the Grantee encroach into a portion of an existing City property known as I I Lake Wesley, "The Encroachment Area"; and ¡ ! ! Encroachment within The Encroachment Area. WHEREAS, in modifying and maintaining the Temporary Encroachment, WHEREAS, the Grantee has requested that the City permit a Temporary :GPIN 2426-39-0904 NOW, THEREFORE, for and in consideration of the premises and of the I~enefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant Ito the Grantee permission to use The Encroaclnnent Area for the purpose of constructing and aintaining the Temporary Encroaclnnent. It is expressly understood and agreed that the Temporary Encroaclnnent ill be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroaclnnent into The Encroaclnnent Area as shown on that certain plat entitled: "PROPOSED ENCROACHMENT PRlV ATE PIER, LIFTS AND MOORING PILES FOR JOSEPH M. AND LORI N. HANLEY LOT 24, CROAT AN BEACH BEACH DISTRCT VIRGINIA BEACH, VA (M.B. 37 PG. 11)," dated February 27, 2003 and revised through March 10, 2004, Scale 1" = 40', prepared by WaterfÌ"ont Consulting, Inc., to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroaclnnent herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroaclnnent must be removed fÌ"om The Encroaclnnent Area by the Grantee; and that the Grantee will bear all costs and expenses of such I ¡removal. i I ¡hold harmless the City, its agents and employees, fÌ"om and against all claims, damages, losses I land expenses including reasonable attorney's fees in case it shall be necessary to file or defend an I I [action arising out of the location or existence of the Temporary Encroaclnnent. i ! It is further expressly understood and agreed that the Grantee shall indemnify and 2 It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permIt the maIntenance and construction of any encroachment by anyone other than the I-to, . It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, to the Office of Development Services Center/P1anning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary I by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. 3 " ; ! II It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, JOSEPH M. HANLEY, JR. and LORI ANNE HANELY, the said Grantee has caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. I I CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk 4 /'. ~.¡ú Jo~h rtg¡,(¿~ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this - day of , 2004, by DESIGNEE OF THE CITY MANAGER. , CITY MANAGERJAUTHORIZED Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this - day of , 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: 5 STATE OF ¡)rR.GI!JJI9- CITYtCOUNTY OF ¡)¡Rt-,¡tJlli Pfl/C/l,to-wit: I The foregoing instrument was acknowledged before me this U day of J/Pf<Il , 2004, by JOSEPH M. HANLEY, JR. ~, My Commission Expires: ~J )/ d2..()() 7 ~ STATE OF ¡),P.~I/JJI/ CITY/eeœrFY OF U,fI./,¡JJIA ?£J:l¿J!, to-wit: The foregoing instrument was acknowledged before me this « day of Ap¡{JL , 2004, by LORI ANNE HANLEY. ~J.~ otary Public My Commission Expires: /~J) ~OD7 (\, Î- >_c> ~rf'f!Y \ .C(wJ.!:{¡., SIGNATURE Pio ßc::/ bid¡; DEPARTMENT APPROVED AS TO LEGAL SUFFIECIENCY AND FORM ~~ ß2:? APPROVED AS TO CONTENTS 6 --- -_;ë,,;,.íNf.~- --\--- ------\ ----;'f.QG( 0' C\1 - '" ""'s ~ ~ PROPOSED 1 ~\ PRIVA TE PIER _fLOOOCEBB- \ F AGILITY j. PMP PMP CONSTRUCT AND ANCHOR fLOAT ACCORDING TO THE MANUFACTURER'S SPECIFICA TIONS. APO 1 GPIN: 2426-39-0904-0000 WA TERFRONT CONSULTING, INC 1112 JENSEN DRIVE, STE. 206 VIRGINIA BEACH, VA 23451 PHONE: (757) 425-8244 FAX (757) 313- 9788 -., LAKE WESLEY' NIF CITY OF V1RGINIA BEACH ~~ ):: 32' FLOAT 0 ~ :::/ £, PiER FLOAT AND MOORING PILES " ~ 37 P. \1 '. x - RAMP '--- :t; .,¡,\;~/' ...Y - ~-- ~--"..----"- - - - ..' UU(H£AO 5 MHW AT BULKHEAO 0 ° a 0 N z ~ '" '" \J' ..,; -\ ~ >E APO2 '" '" N ¥> N '" V! ;¡; '" <=> 0, PLAN VIEW LOT 24 SCALE 1" = 40' L=110.00' R-938.37' VIRGINIA DARE DRIVE REVISED: MARCH 10, 2004 REVISED: JUNE 20, 2003 PROPOSED ENCROACHMENT PRIVATE PIER, LIFTS AND MOORING PILES FOR JOSEPH M. AND LORI N, HANLEY LOT 24, CROAT AN BEACH BEACH DISTRCT VIRGINIA BEACH VA (M.B. 37 PG. 11) DATE: FEBRUARY 27, 2003 -- -- - - - - L - - -,', .' --~~""~'----'î":::.,~~:;';';':'::._-- -: -:---:.~--::-:-=- ~ " - ,'c .'-' -;,?;:-':;;_--o=~--'-:'-'--,:::":::-'::-::---~"'_':"~~-':',,::, - ,-- ? ~/ ~!H ~; ,¡~_n iifi / :: l ¡~f ~ ji1t!:i(1:- -- ,<> ~,:~rtî!1ì/, A~#n -dÆf ~~--;~", ~~_/:¡....t, '1'tt, "', ",""' f...,-;:-- ~ -¡l,lc. ,",,'. :o'J- -,~'!:..r :(..-.., - '.~' ;~" >--: ,,1 :.rn'- L.~-..ti' ,,:<, .,'- y>,"'" '-'j,-" :;"~~- ¡ ~~: ~~z~;if~(. i~_~f¡~[ 1 ~ :~t;- - ,;>: ~ ----- - . '\ , ,,' , ö- :~~~~ ~:i t'. -' , . - - ~. - . f-~ , ,;¡;.~' .,.~ i :,:'~ "¡':' ~ I - '". ,~)jt - _~~~L-t: -Ioc I- i - ~ 'r .....-. -' ~:f':';'r , -- -~~- -, " -- - -~ - ~~-'.:..,.,:-- .'~ . , - " " . . , . -. - , . " , " , " '- - ~ ... - ' -' - . - . . . i'f ~ I + ~. ~ . I , .' n :I: ~ ~ " c '> '. . . -, " ,~ . .J::' ': ~ " -,. "--"". -" " i. --c - '.-' ~1llitj:: ": 'ò, ,'-~¡). - ': ?~~~ . , ,l:-t~ " .,'.' ~r~m ,;~)!~~~ ~' ;';;j " ; ,¡,t. f ~---.--J, ë~;'::~I: ' .-, HOLey AVC-, -- ~ 'Y' . - - . , . , í . , ;:' , ' 'Y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Franchise Agreement with Entertainment, Inc. for the use of City Property Located at the Oceanfront and 15th Street for Operation of the Virginia Beach Fishing Pier. MEETING DATE: May 11, 2004 . Background: By ordinance adopted on December 30, 1949, as amended on February 14, 1950, the "Town of Virginia Beach" (the predecessor municipality to the City of Virginia Beach) granted Virginia Beach Amusement and Pier Corporation the privilege to erect, construct ,maintain and operate an amusement pier and use the sandy beach. Virginia Beach Amusement and Pier Corporation ( a family business) constructed the pier and related facilities. In April of 1962, City Council issued an invitation to bid for the construction and operation of a fishing and amusement pier at 15111 Street on the oceanfront (the "Virginia Beach Fishing Pier'). On May 11, 1962, a franchise for a term of 20 years was granted to the same family business, known as the Virginia Beach Pier and Amusement Company ("VBPACn). Since the expiration of the original 20 year term, additional 5 year franchises have been granted to VBPAC's successor, Entertainment, Inc. The pier has been continuously maintained and operated by the same family since 1949. The current franchise has expired and Entertainment, Inc. has expressed a desire to continue to operate the Virginia Beach Fishing Pier (including its related facilities). Accordingly, a franchise agreement has been drafted by the City Attorney's Office for Entertainment, Inc.'s use of the City's property for the operation of the Virginia Beach Fishing Pier. . Considerations: The term of the franchise will be for one year with two additional renewal terms of one (1) year each not to exceed May 31,2007. Entertainment, Inc. will pay an annual franchise fee of $14,000 payable in equal quarterly installments. In the event Entertainment Inc. intends to extend the franchise beyond May 31, 2007 or apply for a new franchise, Entertainment, Inc. shall submit its plans for the development and improvement of the property no later than September 1, 2006. A Summary of Terms is attached. . Public Information: Advertisement for public hearing as required by §15.2-1800 of the Code of Virginia, advertisement of City Council agenda. . Alternatives: Adopt the ordinance as presented, change any conditions or terms of the franchise agreement or disapprove the ordinance. . Recommendations: Adopt the ordinance granting the franchise and authorizing the City Manager to execute the franchise agreement in accordance with the attached Summary of Terms. . Attachments: Ordinance, Summary of Terms, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Convention & Visitors Bureau City Manager~ k, Ò(S ~ 10 11 12 13 14 15 16 17 18 19 20 21 1 ORDINANCE NO. 2 3 4 5 6 AN ORDINANCE TO GRANT A FRANCHISE TO ENTERTAINMENT, INc. FOR THE USE OF CITY PROPERTY AT THE OCEANFRONT AND 15TH STREET FOR THE OPERATION OF THE VIRGINIA BEACH FISHING PIER 7 WHEREAS, on May 11, 1962, the City Council originally granted a twenty-year 8 franchise to Virginia Beach Pier and Amusement Company ("VBP AC")at the oceanfront and 15th 9 Street for the construction and operation of a fishing and amusement pier (the "Virginia Beach Fishing Pier"); WHEREAS, since the expiration of the original twenty-year franchise, additional five-year franchises have been granted to the VBPAC's successor, Entertainment, Inc.; WHEREAS, the current franchise has expired and Entertainment, Inc. has expressed a desire to continue to operate the pier and its related facilities; and WHEREAS, Entertainment, Inc. and City staff worked with the City Attorney to draft a franchise agreement for the regulation of the operation of the Virginia Beach Fishing Pier, which Entertainment, Inc. has agreed to execute. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: I. That a franchise is hereby granted to Entertainment, Inc. to operate the Virginia Beach Fishing Pier in accordance with all terms and conditions thereof. 25 26 22 2. That the City Manager, or his designee, is hereby authorized to execute the 23 franchise agreement with Entertainment, Inc. in accordance with the Summary of Terms attached 24 hereto. Adopted by the Council of the City of Virginia Beach, Virginia, on the_day of ,2004. CA-9223 C:\Documents and Settings\measonlLocai Settings\TempWBFPIER..ord. wpd R-l 02/13/04 2 Grantor: Grantee: Franchised Property: Term: Franchise Fee: Proposed Short- Term Franchise for Virginia Beach Fishing Pier SUMMARY OF TERMS City of Virginia Beach Entertainment, Inc. See Exhibit A property designated as "Pier Property" One year commencing June 1, 2004 with two renewal terms of one year not to exceed May 31, 2007. In the event Grantee intends to extend the franchise beyond May 31, 2007 or apply for a new franchise, Grantee shall subrnit its plans for the developrnent and improvement of the Pier Property no later than September 1, 2006. $14,000 annually payable on a quarterly basis Responsibilities of Grantee: . shall keep Pier and Pier Property in good condition and repair. shall provide commercial liability coverage including product liability coverage in the arnount of not less than $1,000,000 (CSL). shall indemnify and hold harrnless the Grantor for all clairns, darnages or losses resulting frorn Grantee's operation, occupancy and use of the Pier or the conduct of its operation, or resulting frorn the negligence or intentional acts or ornissions of the Grantee. . . Permitted Uses: . rental and sale of bait and tackle for fishing. one or rnore restaurants with a rnaximum area of 4,600 square feet each. retail stores engaged in the sale of tourist-related rnerchandise, goods and/ or services. However, the sale of time shares shall be permitted only from a specified kiosk on the Pier. . . Rights and Responsibilities of Grantor. . shall have the right to inspect the Pier and the Pier Property at all reasonable tirnes with or without notice to the Grantee. . shall have the right to cancel and terminate franchise or written notice to the Grantee upon failure of the Grantee to cure a default or a breach of the terms and conditions of the franchise. shall have the right, with no cornpensation to the Grantee, to photograph the Pier, including the interior and exterior thereof, any persons on and about the Pier and the name of the Grantee's establishment, and to use any such photographs in any of the Grantor's publicity or advertising. Special Conditions: . Frorn November 1 through January 6 each year, the Grantor shall have the right to place on the Pier electric lights, electrical wiring, ternporaryjunctions or fuse boxes and such other equiprnent needed by Grantor in connection with a holiday light display on the Virginia Beach oceanfront boardwalk of the type currently known as "Holiday Lights at the Beach". '\U~\VV"""""'BZA""';.",",.=."'" DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Entertainment, Inc., a Virginia corporation ~res~aent - Kooert LaChman; V~ce pres~dent Br~an Murden; Vice President - Annette Durbin Smith; Secretarv/Treasurer - Bettv Lachman 2. List all businesses that have a that have a parent-subsidiari or affiliated business entilf reiationship with the applicant: (Attach list ifnecessarý) Affiliated business' Virl<inia Beach ~i~hing P;PT Tnc . a Virginia corporation 0 Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a that have a parent-subsidiary1 or affiliated business entiV relationship with the applicant: (Attach list if necessary) 0 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Rezoning Application Page10of11 Revised 10/1/2003 DISCLOSURE STATEMEN ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, and legal services: (Attach list if necessary) Legal Services: Troutman Sanders LLP 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. ENTERT~~ 12. (l By: I ~.~ ~, ASII~~IÐ<ROBE T LACHMAN, PRESIDENT RDb&~T I-.. A.cot-( /,<"- A 1\( Print Name Property Owner's Signature (if different than applicant) Print Name Rezoning Application Page 11 of 11 Revised 10/1/2003 ITEM: ~~, jj -:~' CITY OF VIRGINIA BEACH AGENDA ITEM Ordinance to Grant Two New Franchises for the Operation of Open Air Cafés in the Resort Area MEETING DATE: May 11, 2004 . Background: Since its initial development and implementation, the Open Air Café Program has been very successful, and a number of cafés have been established in the Resort Area. The City's policy and practice has been to grant the initial franchise for a term of one (1) year. If the open air café is operated successfully during the initial one-year term, the City then renews the franchise for a five (5) year term. . Considerations: A one-year initial franchise is proposed for 21 Fun, LLC., trading as "Sharx Café," (211 21st Street), for the operation of a side street café from May 1, 2004, to April 30, 2005. Another one year initial franchise is proposed for Tradewinds, LC., and Rockfish, LLC., trading as nRockfish Bar and Sea Grill," (1601 Atlantic Avenue) for the operation of a connector park café from May 1, 2004 to April 30, 2005. If City Council approves the attached ordinance, the grant of the franchises remains contingent upon the respective Grantees' execution of an Open Air Café Franchise Agreement, and compliance with the terms and conditions thereof. . Recommendations: Approval of Ordinance . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Virginia Beach Convention and Visitors Bureau City M,""'"~ k , ~".,." 1 2 3 4 5 6 AN ORDINANCE GRANTING TWO FRANCHISES FOR THE OPERATION OF OPEN AIR CAFES IN THE RESORT AREA WHEREAS, the City has adopted, and incorporated into a 7 franchise agreement, regulations for the operation of open air 8 cafés on public property in the Resort Area; 9 WHEREAS, Tradewinds, LC and Rockfish SeaGrill, L.L.C., 10 as well as 21 Fun, L.L.C. , have submitted applications for the 11 operation of two new open air cafés and have paid the required 12 application fee; 13 WHEREAS, representations in the application made 14 comply with the aforementioned regulations; and 15 WHEREAS, the Virginia Beach Convention and Visitors 16 and Advisory Commission the the Resort have reviewed Bureau 17 applications and determined that the proposed cafés will have no 18 detrimental effect on the public health, welfare, or safety, 19 interest, and will enhance the festive atmosphere in the Resort 20 Area. 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 22 CITY OF VIRGINIA BEACH, VIRGINIA: 23 1. That a franchise is hereby granted to Tradewinds, 24 LC and Rockfish Sea Grill, to operate a connector park L.L.C. 25 café at 1601 Atlantic Avenue from May 1, to April 30, 2004, 26 2005, conditioned on provision by the grantees of an approved 27 final site plan, liability insurance coverage, a security bond 28 and applicable franchise fee, and on compliance with all of the 29 terms and conditions of the Franchise Agreement. 30 2. That franchise to is hereby granted 21 Fun a 31 L.L.C. , to operate an Atlantic Avenue side street café at 211 32 21 st Street from May 1, 2005, conditioned on 2004, to April 30, 33 provision approved final site plan, the of by grantee an 34 liability security bond applicable insurance a and coverage, 35 franchise with terms and all compliance of the fee, and on 36 conditions of the Franchise Agreement. 37 3. That his authorized the or duly Ci ty Manager, 38 designee, is hereby authorized to enter into agreements for the 39 franchises granted by this ordinance. 40 Adopted by the Council of the City of Virginia Beach, 41 Virginia, on the ------ day of , 2004. CA-9238 GGjordresjresortopenaircafes.doc R-4 March 5, 2004 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: V~-¿j f Convention & Visitors Bureau / City Attorney 2 r ITEM: r~"'- &".."1. -"W, ,.' '.' t~i- ¡.I \~~....~~ "<~jr- CITY OF VIRGINIA BEACH AGENDA ITEM An Ordinance Granting Two Franchises for the Operation of Open Air Cafés on Atlantic Avenue Pursuant to the City's Pilot Program for Certain Open Air Cafés MEETING DATE: May 11, 2004 . Background: On March 23, 2004, the City Council adopted a Resolution establishing a Pilot Program to allow, on an experimental basis, two open air cafés to be located on the west side of Atlantic Avenue between 20th and 23rd Streets between May 1, 2004 and September 30, 2004. The Resolution also directed the City Manager to recommend to the City Council the two franchise proposals which, in his opinion, best promote the objectives of the Pilot Program. The City has received two applications for Pilot Program franchises. One is from Giovanni's Inc., tJa Giovanni's Restaurant (2006 Atlantic Avenue); the other is from Ocean Fries, Inc., tJa Keifer's Bar & Grill (2218 Atlantic Avenue). The City Manager has reviewed the applications and has determined that they promote the objectives of the Pilot Program. . Considerations: The open air cafés contemplated by the Resolution establishing the Pilot Program and by this Ordinance are subject to stricter controls over their operation than are other open air cafés. Those controls have been incorporated into the Pilot Program franchises. In particular, the operators of both open air cafés are required to close immediately upon the order of a public safety official for reasons of crowd control, unruly behavior either within the establishment or in nearby areas or for other reasons related to preservation of public safety or public order. In addition, the franchises may be revoked by the City Manager if he determines that: 1. The owner or operator of the establishment has been found guilty of a criminal offense arising from the operation of the establishment; 2. The owner or operator has been assessed a civil penalty for violation of any fire, building, zoning, alcoholic beverage control, or health regulation arising from the operation of the establishment; 3. The presence of the open air café is causing or contributing to a deterioration of the quality of the pedestrian experience or general environment in the area; 4. The open air café is in violation of any material term of its franchise or Resort Open Air Café Regulations; or 5. The operator has failed to comply with an order of a public safety official of the City directing that the open air cafe be closed. The City Manager may also suspend the owner or operator's privilege to operate the open air cafés pending a final disposition of any criminal charge, alcoholic beverage control violation, or civil infraction arising from the operation of the establishment (including the indoor portion of the establishment). The grant of the two proposed franchises is in furtherance of the objectives of the City Council in establishing the Pilot Program. If approved, the grant of the franchises would be conditioned upon provision of an approved final site plan, liability insurance coverage, a security bond and applicable franchise fee, and upon compliance with all of the terms and conditions of the Franchise Agreements and the ordinances and regulations applicable to such franchises. . Recommendations: Adoption of ordinance . Attachments: Proposed ordinance q;~e Submitting Department/Agency: Virginia Beach Convention and Visitors Bureau City Manager: ~ ìL. ÒtY~ Recommended Action: Approval GG 10 rders lop enairarf. doc 1 2 3 4 5 6 7 8 AN ORDINANCE GRANTING TWO FRANCHISES FOR THE OPERATION OF OPEN AIR CAFÉS ON ATLANTIC AVENUE PURSUANT TO THE CITY'S PILOT PROGRAM FOR CERTAIN OPEN AIR CAFÉS the City Council March 23, 2004, WHEREAS, on 9 established, by Resolution, allow, on an Pilot Program to a 10 experimental basis, open air cafés to be located on the west 11 side of Atlantic Avenue between 20th and 23rd Streets between May 12 1, 2004 and September 30, 2004: and 13 WHEREAS, the aforesaid Resolution authorized the City 14 Manager to accept proposals for open air café franchises for the 15 area between 20th and 23ro Streets and to select, for presentation 16 to the City Council, the two proposals which in his opinion best 17 promote the objectives of the Pilot Program; and 18 Giovanni's t/a Restaurant Giovanni's WHEREAS, Inc. , 19 and Ocean Fries, t/a Keifer's Bar & Grill have submitted Inc. , 20 applications for open air cafés to be located at 2006 Atlantic 21 Avenue and 2218 Atlantic Avenue, respectively: and 22 WHEREAS, the City Manager has reviewed the aforesaid 23 applications contained and determined has that the proposals 24 therein best promote the objectives of the Pilot Program; 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 26 CITY OF VIRGINIA BEACH, VIRGINIA: 27 28 29 30 31 32 33 34 35 1. That a franchise is hereby granted to Giovanni's Inc. , t/a Giovanni's Restaurant to operate an open air café at 2006 Atlantic Avenue from May 1, 2004 to September 30, 2004, conditioned provision of approved final plan, site upon an liability insurance security bond and applicable coverage, a franchise fee, and upon compliance with all of the terms and conditions of the Franchise Agreement and the ordinances and regulations applicable to such franchise; and 2. That franchise is hereby granted to Ocean a 36 Fries, t/a Keifer's Bar & Grill to operate an open air Inc. , 37 café at 2218 Atlantic Avenue from May 1, 2004 to September 30, 38 2004, conditioned upon provision of an approved final site plan, 39 liability insurance security bond and applicable coverage, a 40 franchise fee, and upon compliance with all of the terms and 41 conditions of the Franchise Agreement and the ordinances and 42 regulations applicable to such franchise. 43 3. That the City Manager, his duly authorized or 44 designee, is hereby authorized to enter into on behalf of the 45 City the Franchise Agreements authorized by this Ordinance. 46 47 Adopted by the Council of the City of Virginia Beach, 48 Virginia, on the ------ day of , 2004. 2 CA-9234 OIDjordresjpilotfranchiseawardordin R-l April 27, 2004 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL ;~A£ S7JJL /ff,;fb/ City Attorney's Office Convention & Visitors Bureau 3 ""&91 ~, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: No Interest Loan for the Plaza Volunteer Rescue Squad MEETING DATE: May 11, 2004 . Background: For over 30 years the City of Virginia Beach has financially assisted the Volunteer Rescue Squads utilizing several different programs. In addition to providing support for continuing expenses such as fuel, insurance and small monthly stipends to offset operating expenses, the City has provided no interest loans for the purchase of ambulances and squad trucks. Under the loan program the rescue squads repay the City on a regular timetable by the amount of the loan and their ability to repay based on fund drive yields. . Considerations: The Plaza Volunteer Rescue Sq:.Jad is requesting a no interest loan in the amount of $80,000.00 for the purpose of purchasing a new ambulance. The increased call volume has dictated their decision for the purchase of an additional ambulance. Plaza Volunteer Rescue Squad would like to repay the loan over a 4 year period in equal installments of $20,000.00 per year beginning January 1, 2005. . Public Information: Public information will be handled by the normal Council Agenda process. . Alternatives: The alternative to the no-interest city loan is the squad's acquisition of a commercial loan at a high interest rate. . Recommendations: EMS recommends approval of this request. . Attachments: Ordinance Correspondence from Plaza Volunteer Rescue Squad. Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services COy Ma...." ~ l ~fi'-L 10 11 1 2 3 4 5 6 7 8 AN ORDINANCE TO APPROPRIATE $80,000 FROM THE FOND BALANCE OF THE GENERAL FOND TO PROVIDE AN INTEREST-FREE LOAN TO THE PLAZA VOLUNTEER RESCUE SQUAD FOR THE PURCHASE OF A NEW AMBULANCE WHEREAS, the Plaza Volunteer Rescue Squad does not presently 9 have adequate funds to purchase a new ambulance but has represented that fund-raising efforts will provide sufficient funds to repay an interest-free loan from the City of Virginia Beach in the amount of 12 $80,000. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 1. That $80,000 is hereby appropriated from the fund balance 16 of the General Fund for interest-free loan to the Plaza an 17 Volunteer Rescue Squad so it may purchase an ambulance, with 18 revenue increased accordingly in the FY 2004-05 Operating Budget. 19 2. That this loan is to be repaid by the Plaza Volunteer 20 Rescue Squad over (4) years, with payments, due on the 1st day of 21 January each year, in (4) equal installments of $20,000, with the 22 first payment to be made on or before January 1, 2005,and the 23 last payment to be made on or before January 1, 2008. 24 3. That, as a condition cf this loan, the Plaza Volunteer 25 Rescue Squad shall be required to enter into an agreement 26 authorizing the use and operation of this ambulance, when 27 necessary, by the City's career emergency personnel. 28 1 29 Requires an affirmative vote by a majority of the members of the 30 City Council. 31 32 33 34 Adopted by the City Council of the City of Virginia Beach, 35 Virginia, on this day of , 2004. CA-9233 OID/ordres/Plaza Volunteer Rescue Squad Loan ORD.doc R4 - April 28, 2004 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: ~). City Attorne~s 0 2 PLAZA VOLUNTEER RESCUE SQUAD P.O. Box 2128 Virginia Beach. VA. 23450 Chief Department of EMS 1917 Arctic Avenue Virginia Beach, VA 23451 March 10, 2004 The Plaza Volunteer Rescue Squad needs to replace its aging 1993 International 4700 Ambulance (1623) with a new Ambulance. This will ensure continuation of quality emergency services with state of the art equipment Ambulance 1623 is the oldest offour ambulances in the Plaza Rescue Squad inventory. Over the past year we have experienced increased mechanical problems including brake, suspension and electrical failures resulting in towing service and unscheduled periods of down time. We attribute this, in part, to the following: . Electrical problems include outdated lighting which creates a larger draw on the electrical system resulting in premature failure of the ambulance batteries Air Conditioning is not adequate to handle the summer temperatures which create scheduling problems during the summer days. Maintenance costs are now twice as the other ambulances and is only used 18 percent of the time trying to save unnecessary costs. . Unit 1623 is a 1993 model year chassis with a 170 inch box that is the largest ambulance in the Plaza Volunteer Rescue Squad inventory. The patient compartment is now II years old and in dire need of replacement In addition to the aforementioned outdated lighting, the flooring is also in need of replacement It is not cost effective to rechasis this unit, as the flooring, electrical systems, air conditioning, and upholstery all need rep]acement At its present mileage of 157,957 it has become undependable Plaza Volunteer Rescue Squad has researched and priced ambulances and has decided on another ambulance with an International truck chassis. Plaza Rescue Squad currently has four (4) ambulances with the same chassis type in its inventory and its members are familiar with the driving and handling of this type ambulance chassis Also with the current International chassis' in the inventory the maintenance facilities utilized by Plaza Rescue are already in place. ~í ~~11~ ~I~ The proposed cost to purchase a new International Ambulance is $128,945.00 Of this cost Plaza Volunteer Rescue Squad is applying for a RSAF grant from the state office of EMS for a total of$39,000. Plaza Rescue Squad has budgeted $5,000.00 towards the cost plus the sale or trade ofthe current 1623, about $5,000. Current budget constraints limit Plaza Rescue Squad's ability to fund this new ambulance without the assistance of the City of Virginia Beach. Plaza Volunteer Rescue Squad is requesting the city of Virginia Beach to augment the requested state grant and its budgeted funds for the purchase of a new ambulance with a no-interest loan of$80,000.00. We are further requesting to pay back this loan over a period off our (4) years at $20,000.00 per year. I!;(i~ f tJJ4!~ , Willia6;'Ç Walker PresidèrÍt ¥/ ...~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $70,000 from the Fund Balance of the Oyster Heritage Trust Fund to the Department of Planning to Develop a Plan to Restore Oysters in the Lynnhaven River MEETING DATE: May 11, 2004 . Background: The City of Virginia Beach established the Lynnhaven Oyster Heritage Trust Fund in February, 2002 to receive payments from persons or groups interested in helping to promote restoration of oysters in the Lynnhaven River watershed. Funds from this account have been instrumental in accomplishing the creation of over 9 acres of oyster habitat in the Lynnhaven to date. In addition to the direct restoration efforts undertaken, the City desires to develop a more comprehensive Oyster Heritage Plan for establishing policy and guiding future City efforts to restoring oysters in the Lynnhaven watershed. This plan will be developed in partnership with other organizations promoting oyster restoration in the Lynnhaven, including the Chesapeake Bay Foundation, the U.S. Army Corps of Engineers, the Virginia Marine Resources Commission, and the Lynnhaven River 2007 community watershed organization. Accordingly, the requested funds will be used to continue current grant and temporary funded employees within the Department of Planning and Community Development to complete the development of the Oyster Heritage Plan; current full-time permanent staff are inadequate to accomplish this task given other environmental initiatives and work assignments currently underway. . Considerations: The Lynnhaven Oyster Heritage Trust Fund serves as a repository for interested parties to provide funds to be used solely for activities that support the restoration or enhancement of oyster habitat in the Lynnhaven Watershed, including oyster reefs, oyster beds, or similar related activities that are directly related to restoration or enhancement of oyster habitat in the Lynnhaven Watershed. The requested use of funds is an authorized use of funds from this trust fund. . Public Information: Public information will be handled through the normal Council agenda process. . Alternatives: Alternatives to this approach considered by staff included a No Action Alternative for development of an Oyster Heritage Plan. This alternative was deemed ineffective at achieving the optimum desired benefits to be derived from a coordinated and comprehensive strategy for restoring oysters to the Lynnhaven watershed. . Recommendations: Approval of the Ordinance to appropriate funds from the Oyster Heritage Trust Fund. Fund Balance to the Department of Planning and Community Development. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Planning City Manage~ t-. I~~ 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO APPROPRIATE $70,000 FROM THE FUND BALANCE OF THE OYSTER HERRITAGE TRUST FUND TO DEPARTMENT OF PLANNING'S FY 2003 -04 OPERATING BUDGET TO DEVELOP A PLAN FOR RESTORING OYSTERS IN THE LYNNHAVEN WATERSHED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $70,000 from the fund balance of the Oyster Heritage 13 Trust Fund is hereby appropriated to the Department of Planning's 14 FY 2003-04 Operating Budget for the development of a plan for 15 restoring oysters in the Lynnhaven watershed. 16 17 Adopted by the Council Virginia, on the day of City of Virginia , 2004. of the Beach, APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~.#t-V" :; ~ (C, City Attorn y's Of~ice [) n~;) ~ VJAV~ Management Services CA-9239 OID!ordres!OYSTER HERITAGE ORD.doc R2 - April 30, 2004 ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Transfer $130,000 in the General Fund Reserve for Contingencies to the Department of Planning's Operating Budget for the Development of an Urban Design Element for the Historic Kempsville Plan MEETING DATE: May 11, 2004 . Background:The City of Virginia Beach has established a capital improvement transportation project for the Princess Anne Road I Kempsville Road. Intersection (CIP# 2.048). In conjunction with this project, staff and Council have continued a dialogue regarding the development of a Historic Kempsville Plan. Such a plan would define City policies for guiding future development and redevelopment in that area, enabling the City to create a sense of place and special character for this area and optimizing the transportation improvements for the long term. The Historic Kempsville Plan is being developed by the Planning Department, with extensive community input from residents, businesses, and institutions in the area, and staff provided a briefing on this project to Council on March 2, 2004. The final plan will be presented to the Planning Commission and City Council upon its completion for consideration as an amendment to the City's Comprehensive Plan for this area. A key component of the Historic Kempsville Plan is the development of an Urban Design Element that sets forth a vision for the physical appearance and character of the area and serves as a guide for future development and redevelopment opportunities that will arise following completion of the transportation project. Accordingly, the requested funds will be used to secure the services of a professional design consultant to develop information for inclusion in the Historic Kempsville Plan related to urban design, landscaping, and architectural standards to guide future development and redevelopment in the area. . Considerations: The requested use of funds will allow for the development of clear recommendations to guide future land use decisonmaking in this area of the City. Furthermore, the Historic Kempsville Plan can become a model for addressing similar development and redevelopment opportunities that exist in the City. . Public Information: Public information will be handled through the normal Council agenda process. . Alternatives: Taking no action will preclude the City from taking advantage of the desirable outcomes listed above; in house staff does not exist to provide these special services. . Recommendations: Approval of the Ordinance to transfer funds from the General Fund Reserve for Contingencies to the Department of Planning and Community Development to undertake the Urban Design Element for the draft Historic Kempsville Plan. . Attachments: Ordinance Recommended Action: Approval Submitting DepartmentlAgencr, Planning City Manager~ IL,~ 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO TRANSFER $130,000 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE DEPARTMENT OF PLANNING'S FY 2003-04 OPERATING BUDGET FOR THE DEVELOPMENT OF AN URBAN DESIGN ELEMENT FOR THE HISTORIC KEMPSVILLE PLAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 13 That $130,000 from the General Fund Reserve for 14 Contingencies is hereby transferred to the Department of 15 Planning's FY 2003-04 Operating Budget for the development of an 16 urban design element for the Historic Kempsville Plan. 17 18 19 Adopted by the Virginia, on the Council day of City of Virginia , 2004. Beach, of the APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ S ~fl~/([; City Attorney's Office CA-9240 OID/ordres/proposed/Historic Kempsville ORD.doc R2 - April 30, 2004 ~n ~ ~~~. . -- .. ~ ~_._......_--_..- .. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A resolution providing for the issuance and sale of $65,000,000 General Obligation Public Improvement Bonds, Series 2004A MEETING DATE: May 11, 2004 . Background: Based on a review of capital project expenditures and future CIP needs, the Department of Finance has begun preparations for a general obligation bond sale in the amount of $65 million. The Bond sale is composed of portions of 1999, 2000, 2001, 2002, and 2003 Charter Bond Authorizations previously approved by Council. In some instances the bond proceeds from the proposed sale will be reimbursing previous expenditures. For other projects the funds will be for future planned expenditures. . Considerations: This sale represents the City's annual general obligation bond sale. The City's Bond Counsel, Hunton & Williams, has prepared the enclosed resolution authorizing the issuance and sale. The bonds will be sold by competitive bid with the actions of the City Manager being conclusive provided, however, that the bonds shall have a true interest cost not to exceed 5.5 percent. The proposed bond structure takes into consideration the FY05 debt service budget. The bond sale is scheduled for pricing on June 2, 2004. As an accommodation to bidders, the City will employ an electronic bidding system in accordance with the Official Notice of Sale. After today's Council action no further vote of the City Council will be necessary. The final terms of the bond sale will be provided to City Council. . Public Information: Public information will be handled through the normal Council agenda process. The original Charter authorizations were a part of the public information process for the Operating Budget and Capital Improvement Program. In addition, a Notice of Sale will be placed in The Bond BuYer. . Alternatives: There are no alternative funding sources at this time. This request follows previously approved CIPs. . Recommendations: The enclosed resolution providing for the sale of the bonds is recommended for City Council approval. . Attachments: Resolution Authorizing the bond sale Draft of the Preliminary Official Statement Draft of the Continuing Disclosure Agreement Draft of the Official Notice of Sale Recommended Action: Approval of Resolutiol-- ^ /, n~ ; Submitting DepartmentlA9¡ency: Finance \dJ'IÁ/!'¡ (L U(~lJ>::¡./ City Manager~') K-, ð-t3~ . I RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES OF 2004A, HERETOFORE AUTHORIZED, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $65,000,000, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF WHEREAS, the issuance of $56,700,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 11, 1999, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal, economic and tourism and building projects, $49,647,407 of which bonds have been issued and sold; and WHEREAS, the issuance of $49,700,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 9, 2000, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $33,896,170 of which bonds have been issued and sold; and WHEREAS, the issuance of $57,700,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 15, 2001, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $38,103,830 of which bonds have been issued and sold; and WHEREAS, the issuance of $59,300,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 14, 2002, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $22,000,000 of which bonds have been issued and sold; and WHEREAS, the issuance of $61,900,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 13, 2003, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which bonds have been issued and sold; and WHEREAS, the City Council has determined it is in the City's best interest to issue and sell $7,052,593 of the bonds authorized on May 11,1999; $5,000,000 of the bonds authorized on May 9,2000; $19,596,170 of the bonds authorized on May 15, 2001; $15,000,000 of the bonds authorized on May 14,2002; and $18,351,237 of the bonds authorized on May 13, 2003; and WHEREAS, it has been recommended to the City Council by representatives of Government Finance Associates, Inc. and ARD Government Finance Group (the "Financial Advisors") that the City issue and sell a series of general obligation public improvement bonds in the maximum principal amount of $65,000,000; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991, general obligation public improvement bonds of the City in the maximum principal amount of $65,000,000 (the "Bonds") to provide funds to finance, in part, the cost of the various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements as more fully described in the ordinances authorizing the Bonds adopted on May 11, 1999, May 9, 2000, May 15, 2001, May 14, 2002, and May 13, 2003 (collectively, the "Project"), and costs incurred in connection with issuing the Bonds 2. Bond Details. The Bonds shall be designated "General Obligation Public Improvement Bonds, Series of 2004A," or such other designation as may be determined by the City Manager, shall be in registered form, shall be dated such date as may be determined by the City Manager, shall be in denominations of $5,000 and integral multiples thereof and shall be numbered R-1 upward. Subject to Section 8, the issuance and sale of the Bonds are authorized on terms as shall be satisfactory to the City Manager; provided, however, that the Bonds (a) shall have a "true" or "Canadian" interest cost not to exceed 5.50% (taking into account any original issue discount or premium), (b) shall be sold to the purchaser thereof at a price not less than 99% of the principal amount thereof (excluding any original issue discount) and (c) shall mature or be subject to mandatory sinking fund redemptions in annual installments beginning no later than December 31,2005, and ending no later than December 31, 2024. Principal of the Bonds shall be payable annually on dates determined by the City Manager. Each Bond shall bear interest at such rate as shall be determined at the time of sale, calculated on the basis of a 360-day year of twelve 30-day months, and payable semiannually on dates determined by the City Manager. Principal shall be payable to the registered owners upon surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined). Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar on a date prior to each interest payment date that shall be determined by the City Manager (the "Record Date"). Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. Initially, one Bond certificate for each maturity of the Bonds shall be issued to and registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its nominee. The City has heretofore entered into a Blanket Letter of Representations relating to a book-entry system to be maintained by DTC with respect to the Bonds. "Securities Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant to this Section. In the event that (a) the Securities Depository determines not to continue to act as the securities depository for the Bonds by giving notice to the Registrar, and the City discharges its responsibilities hereunder, or (b) the City in its sole discretion determines (i) that beneficial owners of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities Depository, then the City's Director of Finance shall, at the direction of the City, attempt to locate another qualified securities depository to serve as Securities Depository and authenticate 2 . -..........--..------ and deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate and deliver certificated Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Section 5; provided, however, that such form shall provide for interest on the Bonds to be payable (A) from the date of the Bonds if they are authenticated prior to the first interest payment date, or (B) otherwise from the interest payment date that is or immediately precedes the date on which the Bonds are authenticated (unless payment of interest thereon is in default, in which case interest on such Bonds shall be payable from the date to which interest has been paid). In delivering certificated Bonds, the City's Director of Finance shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 7. So long as there is a Securities Depository for the Bonds (1) it or its nominee shall be the registered owner of the Bonds, (2) notwithstanding anything to the contrary in this Resolution, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (3) the Registrar and the City shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (4) references in this Resolution to registered owners of the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Bonds, and (5) in the event of any inconsistency between the provisions of this Resolution and the provisions of the above-referenced Blanket Letter of Representations such provisions of the Blanket Letter of Representations, except to the extent set forth in this paragraph and the next preceding paragraph, shall control. 3. Redemption Provisions. The Bonds may be subject to redemption prior to maturity at the option of the City on or after dates, if any, determined by the City Manager, in whole or in part at any time, at a redemption price equal to the principal amount of the Bonds, together with any interest accrued to the date fixed for redemption, plus a redemption premium not to exceed 2% of the principal amount of the Bonds, such redemption premium to be determined by the City Manager. Any term bonds may be subject to mandatory sinking fund redemption upon terms determined by the City Manager. Ifless than all of the Bonds are called for redemption, the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all of a particular maturity of the Bonds are called for redemption, the Bonds within such maturity to be redeemed shall be selected by the Securities Depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. The City shall cause notice of the call for 3 redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the registered owner of the Bonds. The City shall not be responsible for mailing notice of redemption to anyone other than DTC or another qualified Securities Depository or its nominee unless no qualified Securities Depository is the registered owner of the Bonds. If no qualified Securities Depository is the registered owner of the Bonds, notice of redemption shall be mailed to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender thereof. 4. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Mayor or Vice-Mayor, shall be countersigned by the manual or facsimile signature of its Clerk or Deputy Clerk, and the City's seal shall be affixed thereto or a facsimile thereof printed thereon; provided, however, that if both of such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the manual signature of the City Treasurer as Registrar or an authorized officer or employee of any bank or trust company serving as successor the Registrar and the date of authentication noted thereon. 5. Bond Form. The Bonds shall be in substantially the following form, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by the execution and delivery of the Bonds: Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED No. R-- $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH General Obligation Public Improvement Bond Series of 2004A _% DATED DATE ,2004 CUSIP INTEREST RATE MATURITY DATE -- 4 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay, upon surrender hereof to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay interest hereon from its date semiannually on each and , beginning , at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Principal, premium, if any, and interest are payable in lawful money of the United States of America by the City Treasurer, who has been appointed Registrar (the "Registrar"). The City may appoint a qualified bank as successor paying agent and registrar for the bonds. Notwithstanding any other provision hereof, this bond is subject to a book-entry system maintained by The Depository Trust Company ("DTC"), and the payment of principal, premium, if any, and interest, the providing of notices and other matters shall be made as described in the City's Blanket Letter of Representations to DTC. This bond is one of an issue of $65,000,000 General Obligation Public Improvement Bonds, Series of 2004A, of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991. The bonds have been authorized by ordinances adopted by the Council of the City (the "City Council") on May 11, 1999, May 9, 2000, May 15, 2001, May 14, 2002, and May 13, 2003, and are issued pursuant to a resolution adopted by the City Council on [May 11], 2004, to finance various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements and to pay costs of issuance of the bonds. Bonds maturing on or before , -' are not subject to redemption prior to maturity. Bonds maturing on or after , -' are subject to redemption prior to maturity at the option of the City on or after , -' in whole or in part at any time (in any multiple of $5,000), upon payment of the following redemption prices (expressed as a percentage of principal amount of bonds to be redeemed) plus interest accrued and unpaid to the date fixed for redemption: Period During Which Redeemed (Both Dates Inclusive) Redemption Price [ Bonds maturing on , -' are required to be redeemed in part before maturity by the City on in the years and amounts set forth below, at a redemption price equal to the principal amount of the bonds to be redeemed, plus accrued interest to the redemption date: 5 ~ A!!!!!!m! ~ Amount If less than all of the bonds are called for redemption, the bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all the bonds of a particular maturity are called for redemption, the bonds within such maturity to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting bonds for redemption, each bond shall be considered as representing that number of bonds that is obtained by dividing the principal amount of such bond by $5,000. The City shall cause notice of the call for redemption identifying the bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to DTC or its nominee as the registered owner hereof. If a portion of this bond is called for redemption, a new bond in the principal amount of the unredeemed portion hereof will be issued to the registered owner upon surrender hereof. The full faith and credit of the City are irrevocably pledged for the payment of principal of and premium, if any, and interest on this bond. Unless other funds are lawfully available and appropriated for timely payment of this bond, the City Council shal11evy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all taxable property within the City sufficient to pay when due the principal of and premium, if any, and interest on this bond. The Registrar shall treat the registered owner of this bond as the person or entity exclusively entitled to payment of principal of and interest on this bond and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as the owner on the registration books on the first day of the month preceding each interest payment date. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of bonds of which this bond is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated , 2004. COUNTERSIGNED: (SEAL) 6 Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto (please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: the within bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed (Signature of Registered Owner) NOTICE: Signature(s) must be guaranteed by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, Securities Broker/Dealer, Credit Union or Savings Association who is a member of a medallion program approved by The Securities Transfer Association, Inc. NOTICE: The signature above must correspond with the name of the registered owner as it appears on the front of this bond in every particular, without alteration or enlargement or any change whatsoever. 6. Pledge of Full Faith and Credit. The full faith and credit of the City are irrevocably pledged for the payment of the principal of and premium, if any, and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay when due the principal of and premium, if any, and interest on the Bonds. 7. Registration, Transfer and Owners of Bonds. The City Treasurer is appointed paying agent and registrar for the Bonds (the "Registrar"). The City may appoint a qualified 7 bank or trust company as successor paying agent and registrar of the Bonds. The Registrar shall maintain registration books for the registration and registration of transfers of Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, at its corporate trust office if the Registrar is a bank or trust company, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate, if required by Section 4, and shall deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate and registered in the name as requested by the then registered owner thereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person or entity exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as owner on the registration books as of the Record Date. 8. Sale of Bonds. The City Council approves the following terms of the sale of the Bonds. The Bonds shall be sold by competitive bid in a principal amount to be determined by the City Manager, in collaboration with the Financial Advisors, and subject to the limitations set forth in paragraph 1, and the City Manager shall receive bids for the Bonds and award the Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set forth in paragraph 2. Following the sale of the Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Bonds. The actions of the City Manager in selling the Bonds shall be conclnsive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the City Council. 9. Notice of Sale. The City Manager, in collaboration with the Financial Advisors, is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the form of Notice of Sale attached hereto, which is approved, provided that the City Manager, in collaboration with the Financial Advisors, may make such changes in the Notice of Sale not inconsistent with this Resolution as he may consider to be in the best interest of the City. 10. Official Statement. A draft of a Preliminary Official Statement describing the Bonds, copies of which have been provided to the members of the City Council, is approved as the form of the Preliminary Official Statement by which the Bonds will be offered for sale, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager, in collaboration with the Financial Advisors, may consider appropriate. After the Bonds have been sold, the City Manager, in collaboration with the Financial Advisors, shall make such completions, omissions, insertions and changes in the Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable to complete it as a final Official Statement, execution thereof by the City Manager to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. The City shall arrange for the delivery to the purchaser of the Bonds of a reasonable number of copies of the final Official Statement, within seven business days after the Bonds have been sold, for delivery to 8 each potential investor requesting a copy of the Official Statement and to each person to whom such purchaser initially sells Bonds. 11. Official Statement Deemed Final. The City Manager is authorized, on behalf of the City, to deem the Preliminary Official Statement and the Official Statement in final form, each to be final as of its date within the meaning of Rule 15c2-12 ("Rule 15c2-12") of the Securities and Exchange Commission (the "SEC"), except for the omission in the Preliminary Official Statement of certain pricing and other information permitted to be omitted pursuant to Rule 15c2-12. The distribution of the Preliminary Official Statement and the Official Statement in final form shall be conclusive evidence that each has been deemed final as of its date by the City, except for the omission in the Preliminary Official Statement of such pricing and other information permitted to be omitted pursuant to Rule 15c2-12. 12. Preparation and Delivery of Bonds. After bids have been received and the Bonds have been awarded to the winning bidder, the officers of the City are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the purchaser thereof upon payment therefor. 13. Arbitrage Covenants. The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant thereto (the "Code"), or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing laws. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States any part of the earnings derived fÌ'om the investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds fÌ'om being includable in the gross income of the registered owners thereof under existing law. The City shall pay any such required rebate fÌ'om its legally available funds. 14. Non-Arbitrage Certificate and Elections. Such officers of the City as may be requested are authorized and directed to execute an appropriate certificate setting forth the expected use and investment of the proceeds of the Bonds in order to show that such expected use and investment will not violate the provisions of Section 148 of the Code, and any elections such officers deem desirable regarding rebate of earnings to the United States, for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the City. 15. Limitation on Private Use. The City covenants that it shall not permit the proceeds of the Bonds or the facilities financed with the proceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or the facilities financed with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141 (b) of the Code, (b) 5% or more of such proceeds or the facilities being financed with such proceeds being used with respect to any output facility (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being nsed directly or indirectly to make or fmance loans to any persons other than a governmental unit, as provided in Section 141(c) of the Code; provided, 9 however, that if the City receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law, the City need not comply with such covenants. 16. Investment Authorization. The City Council hereby authorizes the Director of Finance to direct the City Treasurer to utilize the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") and the Virginia Arbitrage & Investment Management Program ("AIM"), or either of them, in connection with the investment of the proceeds of the Bonds, if the City Manager and the Director of Finance determine that the utilization of either SNAP or AIM is in the best interest of the City. The City Council acknowledges the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the Contract. 17. Continuing Disclosure Agreement. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a continuing disclosure agreement setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary to assist the purchaser of the Bonds in complying with the provisions of Rule 15c2-12 promulgated by the SEC. Such continuing disclosure agreement shall be substantially in the form of the draft that has been provided to members of the City Council, with such completions, omissions, insertions and changes that are not inconsistent with this Resolution. 18. Other Actions. All other actions of officers of the City and the City Council in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are hereby ratified, approved and confirmed. The officers of the City are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 19. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 20. Effective Date. This Resolution shall take effect immediately. Requires an affirmative vote by a majority of the members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, this - day of May, 2004. 10 APPROVED AS TO CONTENT: QtÆl11f;t G WJJL{!- Finance Department CA-9211 OID/ordresN AB2004GOBONDRES.doc R1- April 30, 2004 APPROVED AS TO LEGAL SUFFICIENCY: ~eç;; '5~,Çý- City Attorney's Office 11 FORM OF CONTINUING DISCLOSURE AGREEMENT This CONTINUING DISCLOSURE AGREEMENT dated as of , 2004 (the "Disclosure Agreemenf'), is executed and delivered by the City of Virginia Beach, Virginia (the "City"), in connection with the issuance by the City of its $65,000,000 General Obligation Public Improvement Bonds, Series of 2004A (the "Bonds"). The City hereby covenants and agrees as follows: Section 1. Purpose. This Disclosure Agreement is being executed and delivered by the City for the benefit of the holders of the Bonds and in order to assist the underwriters of the Bonds in complying with the provisions of Section (b)(5)(i) of Rule 15c2-12 (the "Rule") promulgated by the Securities and Exchange Commission (the "SEC") by providing certain annual financial information and material event notices required by the Rule (collectively, "Continuing Disclosure"). Section 2. Annual Disclosure. (a) The City shall provide annually certain financial information and operating data in accordance with the provisions of Section (b)(5)(i) of the Rule as follows: (i) audited financial statements of the City, prepared in accordance with generally accepted accounting principles; and (Ii) the operating data with respect to the City of the type described in the section of the City's Official Statement dated , 2004, entitled "Operating Data." If the financial statements filed pursuant to Section 2(a) are not audited, the City shall file such statements as audited when available. (b) The City shall provide annually the financial information and operating data described in subsection (a) above (collectively, the "Annual Disclosure") within 180 days after the end of the City's fiscal year, commencing with the City's fiscal year ending June 30, 2004, to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository if any then exists ("SID"). (c) Any Annual Disclosure may be included by specific reference to other documents previously provided to each NRMSIR and to the SID or filed with the SEC; provided, however, that any final official statement incorporated by reference must be available from the Municipal Securities Rulemaking Board (the "MSRB"). (d) The City shall provide in a timely manner to each NRMSIR or the MSRB and to the SID notice specifying any failure of the City to provide the Annual Disclosure by the date specified. Section 3. Event Disclosure. The City shall provide in a timely manner to each NRMSIR or the MSRB and to the SID notice of the occurrence of any of the following events with respect to the Bonds, if material: (a) (b) principal and interest payment delinquencies; non-payment reiated defaults; (c) (d) unscheduled draws on debt service reserves reflecting financial difficulties; unscheduled draws on any credit enhancement reflecting financial difficulties; (e) (f) substitution of credit or liquidity providers, or their failure to perform; adverse tax opinions or events affecting the tax-exempt status of the Bonds; C-1 (g) (h) modifications to rights of Bondholders; bond calls; (i) defeasance of all or any portion of the Bonds; release, substitution, or sale of property securing repayment of the Bonds; and 0) (k) rating changes. Section 4. Termination. The obligations of the City will terminate upon the redemption, defeasance (within the meaning of the Rule) or payment in full of all the Bonds. Section 5. Amendment. The City may modify its obligations hereunder without the consent of Bondholders, provided that this Disclosure Agreement as so modified complies with the Rule as it exists at the time of modification. The City shall within a reasonable time thereafter send to each NRMSIR and the SID a description of such modification(s). Section 6. Defaults. (a) If the City faiis to comply with any covenant or obligation regarding Continuing Disclosure specified in this Disclosure Agreement, any holder (within the meaning of the Rule) of Bonds then outstanding may, by notice to the City, proceed to protect and enforce its rights and the rights of the holders by an action for specific performance of the City's covenant to provide the Continuing Disclosure. (b) Notwithstanding anything herein to the contrary, any failure of the City to comply with any obligation regarding Continuing Disclosure specified in this Disclosure Agreement (i) shall not be deemed to constitute an event of default under the Bonds or the resolution providing for the issuance of the Bonds and (ii) shall not give rise to any right or remedy other than that described in Section 6(a) above. Section 7. Additional Disclosure. The City may from time to time disclose certain information and data in addition to the Continuing Disclosure. Notwithstanding anything herein to the contrary, the City shall not incur any obligation to continue to provide, or to update, such additional information or data. Section 8. Counterparts. This Disclosure Agreement may be executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same instrument. Section 9. Governing Law. This Disclosure Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia. CITY OF VIRGINIA BEACH, VIRGINIA City Manager, City of Virginia Beach, Virginia C-2 OFFICIAL NOTICE OF SALE CITY OF VIRGINIA BEACH, VIRGINIA $65,000,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDs, SERIES OF 2004A Electronic bids only will be received by the City of Virginia Beach, Virginia (the "City"), in accordance with this Official Notice of Sale until II :00 a.m, Local Time, on Wednesday, June 2, 2004 (the "Date of Sale"). In the case of a malfunction in submitting an electronic bid, facsimile bids will be allowed, as more fully described below. Immediately thereafter, the bids will be publicly announced, and the City Manager will act upon the bids by 2:00 p.m, Local Time. Bid Submission Solely as an accommodation to bidders, electronic bids via BIDCOMPIPARITY (the "Electronic Bidding System") will be accepted in accordance with this Official Notice of Sale. The City is using BIDCOMPIP ARlTY as a communication mechanism to conduct the electronic bidding for the sale of $65,000,000 General Obligation Public Improvement Bonds, Series of 2004A (the "Bonds"), as described herein. To the extent any instructions or directions set forth in BIDCOMPIPARITY conflict with this Official Notice of Sale, the tenns of this Official Notice of Sale shall control. Each bidder submitting an electronic bid agrees (i) that it is solely responsible for all arrangements with BIDCOMPIPARITY, (ii) that BIDCOMPIPARITY is not acting as the agent of the City, and (iii) that the City is not responsible for ensuring or verifying bidder compliance with any of the procedures of BIDCOMPIPARITY. The City assumes no responsibility for, and each bidder expressly assumes the risks of and responsibility for, any incomplete, inaccurate or untimely bid submitted by such bidder through BIDCOMPIPARITY. Each bidder shall be solely responsible for making necessary arrangements to access the Electronic Bidding System for pwposes of submitting its bid in a timely manner and in compliance with the requirements of this Official Notice of Sale. Neither the City nor the Electronic Bidding System shall have any duty or obligation to provide or assure such access to any bidder, and neither the City nor BIDCOMPIPARITY shall be responsible for proper operation of, or have any liability for, any delays or interruptions of, or any damages caused by, BIDCOMPIPARITY. For further information about BIDCOMPIPARlTY, potential bidders may contact BIDCOMPIPARITY at 40 West 23" Street, 5'" Floor, New York, New York 10010, telephone (212) 404-8102. In the event of a malfunction of the Electronic Bidding System, facsimile transmission bids will be accepted up to II :00 a.m, Local Time, on the Date of Sale. Bidders choosing to submit bids in the case of a malfunction by facsimile transmission shall use the following telecopier numbers for such transmission: (757) 427- 4302 or (757) 427-4135 (Attention: Patricia A. Phillips). Transmissions received after the deadline shall be rejected. It is the responsibility of the bidder to ensure that the bid is legible, that the bid is received not later than 11:00 a.m, Local Time, and that the bid is sent to one of the telecopier numbers set forth above. Illegible transmissions shall be rejected. The City's financial advisors (Government Finance Associates, Inc. and ARD Government Finance Group, collectively the "Financial Advisors") will verify receipt of each bid submitted through facsimile transmission by contacting each bidder by telephone once the bid has been received. The City's Financial Advisors will in no instance correct, alter or in any way change bids submitted through facsimile transmission. Neither the City nor its Financial Advisors will be responsible for bids submitted by facsimile transmission not received in accordance with the provisions of this Official Notice of Sale. Bidders electing to submit bids via facsimile transmission will bear full and complete responsibility for the transmission of such bid. Each bid must be unconditional. Principal Redemption The Bonds will be general obligation bonds of the City, dated June I, 2004 (the "Dated Date"), and will mature serially or be subject to mandatory sinking fund redemptions on July IS in the years and amounts shown below. Due Julv IS 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Amount $3,250,000 3,250,000 3,250,000 3,250,000 3,250,000 3,250,000 3,250,000 3,250,000 3,250,000 3,250,000 Due Julv IS 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Amount $3,250,000 3,250,000 3,250,000 3,250,000 3,250,000 3,250,000 3,250,000 3,250,000 3,250,000 3,250,000 Serial Bonds, Term Bonds and Mandatory Sinking Fund Redemptions Bidders may provide in the bid form for all of the Bonds to be issued as serial Bonds or may designate consecutive annual principal amounts of the Bonds to be combined into not more than two Term Bonds. In the event that a bidder chooses to specify a Term Bond, each such Term Bond shall be subject to mandatory sinking fund redemption commencing on July IS of the fIrst year which bas been combined to form such Term Bond and continuing on July IS in each year thereafter until the stated maturity of such Term Bond. The amount redeemed in any year shall be equal to the principal amount for such year set forth in the amortization schedule above. Bonds to be redeemed in any year by mandatory sinking fund redemption shall be redeemed at par and shall be selected by lot fiom among the Bonds of the maturity being redeemed. Description of the Bonds; Book-Entry Only System The Bonds will be issued by means of a book-entry system with no disttibution of physical Bond certificates made to the public. One Bond certificate for each maturity wiIl be issued to The Depository Trust Company, New York, New York ("DTC"), or its nominee, and immobilized in its custody. The book-entry system wiIl evidence beneficial ownership of the Bonds in principal amounts of $5,000 or multiples thereof, with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants. Bond certificates registered in the name of Cede & Co. will be deposited with DTC. Interest on the Bonds will be paid semiannually on July IS and January IS, beginning January 15,2005, and principal on the Bonds wiIl be paid annually on July 15, begimring July IS, 2005, to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City will not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. DTC may discontinue providing its services as securities depository with respect to the Bonds at any time 2 by giving reasonable notice to the City. Under such circumstances, in the event that a successor securities depository is not obtained, Bond certificates are required to be prepared, executed and delivered. The City may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository). In that case, either a successor depository will be selected by the City or Bond certificates will be prepared, executed and delivered. Optional Redemption The Bonds that mature or are subject to mandatory sinking fund redemption on or before July 15,2014, are not subject to optional redemption prior to their stated maturities. The Bonds that mature on and after July 15,2015, will be subject to redemption beginning July 15,2014, in whole or in part at any time, at the option of the City, upon payment of the par amount of principal so redeemed plus interest accrued and unpaid to the redemption date. If less than all of the Bonds are called for redemption, the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be deteInÚned to be in the best interest of the City. If less than all of the Bonds of a particular maturity are called for redemption, DTC or any successor securities depository will select the Bonds to be redeemed pursuant to its rules and procedures or, if the book-entry system is discontinued, the Bonds to be redeemed will be selected by the City Treasurer, who has been appointed registrar (the "Registrar"), by lot in such manner as the Registrar in its discretion may deteInÚne. In either case, each portion of the $5,000 principal amount is counted as one Bond for such purpose. The City will cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the registered owner thereof. The City shall not be responsible for mailing notice of redemption to anyone other than DTC or another qualified securities depository or its nominee unless no qualified securities depository is the registered owner of the Bonds. If no qualified securities depository is the registered owner of the Bonds, notice of redemption shall be mailed to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion shall be issued to the registered owner upon the surrender thereof. Security The Bonds will be general obligations of the City, secured by a pledge of the City's full faith and credit and unlimited taxing power. Use of Bond Proceeds As described in more detail in the City's Preliminary Official Statement, dated, 2003, the Bonds are being issued for the purpose of providing funds for various public improvements and to pay the costs of issuance related to the Bonds. Bidding Rules; Award of Bonds Bidders may only bid to purchase all of the Bonds. Bidders are invited to name the rate or rates of interest per annum which the Bonds are to bear in multiples of one-twentieth (!l20th) or one-eighth (!18th) of one percent. All Bonds maturing on the same date must bear interest at the same rate. Any number of rates may be named provided that (a) the highest rate of interest may not exceed the lowest rate of interest by more than 3 percentage points, and (b) the highest rate of interest stated for any maturity may not exceed 5.5% per annum. No bid for less than 99% of par plus accrued interest (computed on the basis of a 360-day year and twelve 30-day months) from the Dated Date to the delivery of the Bonds shall be considered. The City reserves the right to reject any or all bids (regardless of the interest rate bid), to reject any bid not complying with this Official Notice of Sale and, so far as permitted by law, to waive any irregularity or infonnality with respect to any bid or the bidding process. 3 As promptly as reasonably possible after the bids are received, the City will notify the bidder to whom the Bonds will be awarded, ifand when such award is made. Such bidder, upon such notice, shall advise the City of the initial reoffering prices or yields to the public of each maturity of the Bonds (the "Initial Reoffering Prices or Yields") and details regarding the anticipated use of a municipal bond insurance policy, if any, in connection with the Bonds. The successful bidder must sell to the public 10% or more in par amount of the Bonds from each maturity at the Imtial Reoffering Prices or Yields. All bids will remain fIrm for a period of no less than five hours after the time specified for the opening of bids. An award of the Bonds, if made, will be made by the City within such three hour period or, with the express consent of the bidders, such longer time period as deemed necessary. Unless all bids are rejected, the Bonds will be awarded to the bidder complying with the terms of this Official Notice of Sale and submitting a bid which provides the lowest "true" interest cost to the City. True interest cost shall be determined for each bid by doubling the semiannual interest rate, compounded semiannually, necessary to discount the debt service payments from the payment dates to the Dated Date and to the bid price, such bid price excluding interest accrued to the date of settlement. If more than one bid offers the same lowest true interest cost, the successful bid will be selected by the City Manager by lot. The City reserves the right to reject any or all bids and to waive any irregularity or informality with respect to any bid. Bids for the Bonds shall not be conditioned upon obtaining insurance or any other credit enhancement. If a bidder proposes to obtain a policy of municipal bond insurance or any other credit enhancement, any such purchase of insurance or conunittnent therefor shall be at the sole option and expense of the bidder, and the bidder must pay any increased costs of issuance of the Bonds as a result of such insurance or conunittnent. Any failure by the bidder to obtain such a policy of insurance shall not in any way relieve such bidder of its contractual obligations arising from the acceptance of its bid for the purchase of the Bonds. Good Faith Deposit Each bid must be accompamed by a certified or cashier's check for $650,000 drawn upon an incorporated bank or trust company authorized to transact business in the Commonwealth of Virginia or in the City of New York and payable unconditionally to the order of the City of Virginia Beach, Virginia, to secure the City against any loss resulting from the failure of the successful bidder to comply with the terms of its bid. The check of the successful bidder will be deposited and credited toward the purchase price, and no interest will be allowed thereon to accrue to the benefit of the successful bidder. The proceeds of the check will be retained by the City as liquidated damages in case the successful bidder fails to accept delivery of and pay for the Bonds. Checks of unsuccessful bidders will be returned promptly upon award of the Bonds. Bidders must also clearly indicate to whom the check should be returned in the event of an unsuccessful bid. In lieu of the check described above, the deposit may be in the form of a Financial Surety Bond in the amount of $650,000 payable to the City. The Financial Surety Bond must be from an insurance company acceptable to the City and licensed to issue such a bond in the Conunonwealth of Virginia, and such Financial Surety Bond must be submitted to the City prior to the opening of the bids and must be in a form acceptable to the City. The Financial Surety Bond must identify each bidder whose deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to a bidder utilizing a Financial Surety Bond, then such successful bidder is required to submit its deposit to the City in the form of a cashier's or certified check or wire transfer not later than 11:00 a.m, Local Time, on the next business day following the award. If such deposit is not received by such time, the Financial Surety Bond may be drawn by the City to satisfy the deposit requirement. Bidders submitting an electromc or facsimile bid must deliver the good faith check (or, in lieu thereof, a Financial Surety Bond) by 11 :00 a.m, Local Time, on June 2, 2004, to Patricia A. Phillips, Director of Finance, Virginia Beach Municipal Center, City Hall Building, Room 220, Virginia Beach, Virginia 23456. 4 Delivery of the Bonds The Bonds will be delivered at the expense of the City in New York, New York, through the facilities of DTC on or about JWle 16, 2004. Concurrently with the delivery of the Bonds, the City will furnish to the successful bidder without cost (a) a certificate dated the date of delivery of the Bonds, signed by the appropriate City officials and stating that no litigation of any kind is then pending or, to the best of their information, knowledge and belief, threatened against the City to restrain or enjoin the issuance or delivery of the Bonds or the levy or collection of ad valorem taxes and (b) certificates dated the date of delivery of the Bonds, stating that the descriptions and statements in the Official Statement (except in the sections entitled "Book-Entry System" and "Tax Exemption" and in the colunms "Price/ Yield" and "CUSIP No," on the inside cover), on the date of the Official Statement and on the date of delivery of the Bonds, were and are true and correct in all material respects, did not and do not contain an Wltrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make such descriptions and statements, in light of the circumstances WIder which they were made, not misleading. Such certificates will also state, however, that such City officials did not independently verifY the information indicated in the Official Statement as having been obtained or derived fiom sources other than the City and its officers but they have no reason to believe that such information is not accurate. Certificate of Winning Bidder The successful bidder must, by facsimile transmission or ovemight delivery received by the City within 24 hours after receipt of the bids for the Bonds, furnish the following information to the City to complete the Official Statement in final form, as described below: A. The offering prices for the Bonds (expressed as the price or yield per maturity, exclusive of any accrued interest). B. Selling compensation (aggregate total anticipated compensation to the Wlderwriters expressed in dollars, based on the expectation that all Bonds are sold at the prices or yields described in Subpart A above). c. The identity of the Wlderwriters if the successful bidder is a part ora group or syndicate. D. Any other material information necessary to complete the Official Statement in final form but not known to the City. Prior to the delivery of the Bonds, the successful bidder shall furnish to the City a certificate in form acceptable to bond counsel, to the effect that the successful bidder has made a bona fide public offering of the Bonds at the initial public offering prices set forth in such certificate, that the successful bidder has complied with Rule G- 37 of the MUIÚcipal Securities Rulemaking Board (the "MSRB") with respect to the City and that a substantial amoWlt of the Bonds of each maturity were sold to the public (excluding bond houses, brokers and other intermediaries) at such initial public offering prices. Such certificate shall state that (I) it is made on the best knowledge, information and belief of the successful bidder and (2) 10% or more in par amoWlt of the Bonds of each maturity was sold to the public at the initial public offering price (such amoWlt being sufficient to establish the sale ora substantial amoWlt of the Bonds). CUSIP Numbers It is anticipated that CUSIP identification numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto shall constitute cause for failure or refusal by the successful bidder thereof to accept delivery of and pay for the Bonds in accordance with the terms of its bid. The City will assume responsibility for the expense of the initial printing of CUSIP numbers; provided, however, that the City assumes no responsibility for any CUSIP Service Bureau or other charges that may be imposed for the 5 . --. "---- ------ ------------ assignment of such numbers. All expenses in connection with the assignment of CUSIP numbers shall be paid by the successful bidder. It shall be the obligation of the successful bidder to furnish to DTC an underwrÜer questionnaire and to the City the CUSIP numbers for the Bonds within two business days following the date of award. Official Statement The City will furnish the successful bidder at the expense of the City up to 500 copies of the final Official Statement within seven business days from the date of the award of the Bonds, as specified in Rule 15c2-l2 (the "Rule") of the Securities and Exchange Commission (the "SEC") and the rules of the MSRB provided that minor delays in furnishing such final Official Statement will not be a basis for failure to pay for and accept delivery of the Bonds. Additional copies will be made available at the successful bidder's request and expense. The City assumes no responsibility or obligation for the distribution or delivery of the Official Statement to anyone other than the successful bidder. The successful bidder, by executing the Official Bid Fo=, agrees to provide one copy of the Official Statement to at least one Nationally Recognized Municipal Securities Information Repository ("NRMSIR") within the meaning of the Rule upon receipt of the Official Statement from the City and two copies of the Official Statement (with any required forms) to the MSRB or its designee no later than ten business days following the Date of Sale. The successful bidder shall notify the City as soon as practicable of (I) the date which is the end of the underwriting period (such "underwriting period" is described in the Rule), and (2) the date of filing the Official Statement with a NRMSIR and MSRB or its designee. If the Bonds are awarded to a syndicate, the City will designate the senior managing underwriter of the syndicate as its agent for pwposes of distributing copies of the Official Statement to each participating underwriter. Any underwriter executing and delivering a bid form with respect to the Bonds agrees thereby that if its bid is accepted it shall accept such designation and shall enter into a contractual relationship with all participating underwriters for the pwposes of assuring the receipt and distribution by each such participating underwriter of the Official Statement, unless another flt111 is so designated by the syndicate in writing and approved by the City. Legal Opinion The approving opinion of Hunton & Williams LLP, Riclnnond, Virginia, with respect to the Bonds will be furnished to the successful bidder at the expense of the City and will state that the Bonds constitute valid and legally binding obligations of the City and that its Council is authorized and required by law, unless other funds are lawfully available and appropriated for timely payment of the Bonds, to levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay the principal of and interest on the Bonds as the same become due. Federal and State Securities Laws No action has been taken to qualify the Bonds under the federal securities laws. Tax Exemption The Official Statement relating to the Bonds contains a discussion of the effect of the Internal Revenue Code of 1986, as amended, on the exclusion from gross income of interest on the Bonds and a discussion of the opinion of Hunton & Williams LLP insofar as it concerns such exclusion. Continuing Disclosure To assist the successful bidder in complying with the Rule, the City will agree, pursuant to the Continuing Disclosure Agreement, to provide certain annual financial information and operating data and notices of the occurrence of certain events, if material. A description of this undertaking is set forth in the Preliminary Official 6 Statement for the Bonds and will also be set forth in the final Official Statement for the Bonds (See Appendix C of the Preliminary Official Statement dated , 2004). Change ofOate and Time for Receipt of Bids The City expects to take bids on the Bonds on June 2, 2004. However, the City reserves the right to postpone the date and time established for the receipt of bids. Any such postponement will be announced by the TM3 newswire, or any other such service. If the receipt of bids is postponed, any alternative date for receipt of bids will be announced via the TM3 news wire, or any other such service. Any bidder must submit a bid for the purchase of the Bonds on such alternative sale date in confonnity with the provisions of this Official Notice of Sale, except for any changes announced via the TM3 news wire, or any other such service, as described therein. Additional Information For further information relating to the Bonds and the City, reference is made to the City's Preliminary Official Statement. The City has deemed the Preliminary Official Statement to be fmal as of its date within the meaning of the Rule, except for the omission of certain pricing and other information pennitted to be omitted pursuant to the Rule. The Official Bid Fonn and the Preliminary Official Statement may be obtained from the City's Financial Advisors, Government Finance Associates, Inc., (telephone 212-521-4090) and ARD Government Finance Group, (telephone 703-807-5700). CITY OF VIRGINIA BEACH, VIRGINIA By: James K. Spore City Manager Dated: ,2004 7 OFFICIAL BID FORM Electronic bids (or facsimile bids as provided in the Official Notice of Sale) must be submitted by II :00 am, Local Time. To: City Manager June 2, 2004 Office of the City Manager Virginia Beach, Virginia 23456 On behalf of the finn(s) listed below and pursuant to the terms and conditions listed in the City's Official Notice of Sale, we offer to purchase the $65,000,000 General Obligation Public Improvement Bonds, Series of 2OO4A (the "Bonds"), of the City of Virginia Beach, Virginia, dated June I, 2004. This offer is made for all of the Bonds and for not less than all, maturing on July 15 in the years shown below. The schedule of maturities and interest rates upon which this bid is based are as follows: Maturitv Amount Rate Maturitv Amount Rate 2005 $3,250,000 2015 $3,250,000 2006 3,250,000 2016 3,250,000 2007 3,250,000 2017 3,250,000 2008 3,250,000 2018 3,250,000 2009 3,250,000 2019 3,250,000 2010 3,250,000 2020 3,250,000 2011 3,250,000 2021 3,250,000 2012 3,250,000 2022 3,250,000 2013 3,250,000 2023 3,250,000 2014 3,250,000 2024 3,250,000 (CROSS OUT THE SERIAL BOND MA TURlTlES BEING BID AS TERM BONDS.) Term Bonds (Optional- No More Than Two Tenn Bonds) First Year of Mandatorv Redemotion Year of Maturitv Total Princioal Amounts Rate - _% _% (LEAVE BLANK IF NO TERM BONDS ARE SPECIFIED) We will pay $ ,which is not less than $64,350,000 or not less than 99% ofpar (representing a discount or premium of $ ), plus accrued interest from the date of the Bonds to the date of delivery and will accept delivery ofthe Bonds by means afa book-entry system at The Depository Trust Company, New York, NY. Please indicate the appropriate choice: We have posted a surety bond in the amount of $650,000. If awarded the bid, we will deliver to the City $650,000 in good faith money by II :00 a.m., Local Time, on the next business day immediately following the date of award, or the City will draw upon the surety bond and apply it in accordance with the Official Notice of Sale against any loss resulting from the successful bidder failing to comply with the tenDS of this bid. We enclose (or previously delivered) a certified or cashier's check for $650,000 drawn upon an incorporated bank or trust company as detailed in the Official Notice of Sale and payable unconditionally to the order of the City of Virginia Beach, Virginia, which is to be applied in accordance with the Official Notice of Sale against any loss resulting from the successful bidder failing to comply with the terms of this bid. The good faith money will be deposited and credited on the purchase price, and no interest will be credited thereon to the successful bidder. The proceeds of the check will be retained by the City as liquidated damages in case the successful bidder fails to accept delivery of and pay for the Bonds. Checks of unsuccessful bidders will be returoed promptly upon award of the Bonds. The undersigned hereby acknowledges receipt and review of the Preliminary Official Statement referred to in the Official Notice of Sale. Respectfully submitted, (Name of Bidding Firm) (Authorized Signature) (Name & Phone Number of Contact Person) The good faith check has been returned and receipt thereof is duly acknowledged. NO ADDITION OR AL TERA TION, EXCEPT AS PROVIDED ABOVE, SHOULD BE MADE TO THIS BID. (NOTE - The following is stated for information only and is not part of this bid: The true interest cost of this bid, calculated in accordance with the Official Notice of Sale, is % (to six decimal places). A list afthe members of our syndicate is attached.) ITEM: CITY OF VIRGINIA BEACH AGENDA ITEM A RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY THE IMPLEMENTATION OF A BIENNIAL CITY BUDGET FOR FISCAL PLANNING PURPOSES MEETING DATE: May 11, 2004 . Background: The City currently adopts a budget annually, as required by state law. A biennial budget might be helpful for planning purposes, but there may be disadvantages. This resolution would establish a task force to evaluate the benefits and drawbacks of a biennial City budget for planning purposes. . Considerations: The task force would consist of three members of City Council, two School Board members, the City Manager and/or his designee, and the Superintendent of Schools and/or his designee. The task force's duties would include consulting with the City's Management Services Department and the School Division's Budget Development Office, studying the use of biennial budgets by other govemmental entities, evaluating the advantages and disadvantages of biennial budgets, and determining how such a budget could be used by the City. The task force would be required to prepare monthly progress reports and present a final report to City Council on or before September 28, 2004. . Public Information: The resolution requires no special advertising and will be advertised as an ordinary agenda item. Once constituted, the Joint Task Force to Study the Implementation of a Biennial Budget will be fully subject to the requirements of the Freedom of Information Act. . Recommendation: Adoption of the resolution. . Attachment: Resolution. Recommended Action: Adoption. Submitting Department/Agency: Requested by Councilmembers Ron Villanueva, Peter Schmidt, and Jim Wood. City Manager: 10 11 12 13 14 15 16 17 1 2 3 4 5 6 7 8 Requested by Councilmembers Ron Villanueva, Peter Schmidt and Jim Wood A RESOLUTION ESTABLSHING A TASK FORCE TO STUDY THE IMPLEMENTATION OF A BIENNIAL CITY BUDGET FOR FISCAL PLANNING PURPOSES WHEREAS, the City of Virginia Beach presently adopts 9 an annual budget, as required by state law; and WHEREAS, biennial budget be benefit in a may of managing the City's resources and for planning purposes, and the use of such budget, along with any benefit drawbacks, a or should be evaluated by the City Council and the School Board. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. A Joint Task Force to Study the Implementation of a Biennial Budget (~Task Force") is hereby established. 18 2. The membership of the Task Force shall include 19 three members of the City Council, two members of the School 20 Board, the City and/or his designee, the and Manager 21 Superintendent of Schools and/or his designee. 22 3. The Task Force's duties shall include consulting 23 wi th staff from the City's Management Services Department and 24 the School Division's Budget Development Office, studying the 25 of biennial budgets by other governmental entities, use 26 evaluating the advantages or disadvantages of biennial budgets, 27 and determining how a biennial budget could be employed by the 28 City. 29 30 4. The Task Force, assisted by City and School staff, shall prepare monthly reports on its progress, and on or 31 before September 28, 2004, shall prepare and the Task Force 32 present the report to the City Council on its findings. 33 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2004. CA-9260 H:\GG\OrdRes\BiennialTaskForce.res.doc R-3 May 4, 2004 APPROVED AS TO LEGAL SUFFICIENCY: ~~~ City Attorney's Of~ 2 ~ ~~--------'--_.._~ \~ -- """"'" "'.~..;;'-F.' ....;t~'.. ~~-iJ~ CITY OF VIRGINIA BEACH AGENDA ITEM ) -- ITEM: Resolution concurring with the issuance by the Norfolk Airport Authority of Bank- Qualified Tax-Exempt Revenue Bonds in an amount not to exceed $7,500,000 to be issued for Virginia Wesleyan College to construct and equip student housing facilities at the College's campus located at 1584 Wesleyan Drive, Virginia Beach, Virginia MEETING DATE: May 11,2004 . Background: The City of Virginia Beach has been asked to consider the request of Virginia Wesleyan College (the "College") for concurrence with the issuance by the Norfolk Airport Authority (the "Airport Authority") of up to $7,500,000 in Bank- Qualified Tax-Exempt revenue bonds to assist the College in (i) undertaking the construction and equipping of student housing facilities at the College's campus located at 1584 Wesleyan Drive in Virginia Beach, Virginia; and (ii) pay certain costs of issuance relating to the bonds. The City of Virginia Beach Development Authority is unable to provide Bank- Qualified Tax-Exempt financing to the College. . Considerations: The matter comes before Council for its approval pursuant to § 15.2-4905 of the Code of Virginia which requires the City Council to concur with the issuance of the bonds by the Norfolk Airport Authority. Although the City of Virginia Beach Development Authority adopted a multi- jurisdictional bond fee policy, Bank-Qualified bonds such as these are specifically excluded from the policy. . Public Information: The request was duly advertised on April 1, 2004 and April 8, 2004 for public hearing before the City of Virginia Beach Development Authority, which has adopted a Resolution recommending that the City Council approve the issuance of the bonds. . Alternatives: Not Approve, which would result in the bonds not being issued for the facilities. . Recommendations: Approval . Attachments: IDP Submission to Council Location Map Resolution for City of Virginia Beach Affidavit and Notice of Public Hearing Record of Public Hearing Development Authority's Resolution Disclosure Statement Authority's Statement Fiscal Impact Statement Summary Sheet Letter from Department of Economic Development dated April 15, 2004 Resolution of Norfolk Airport Authority APPROVAL Submitting Department/Agency: Development Authority ~~~~::::::~~:: ~::9]7J.Wd" VIRGINIA BEACH Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757) 437.6464 FAX (757) 499.9894 Web"te.' www.vbgov.com April 15,2004 The Honorable Meyera E, Oberndorf, Mayor Members of City Council Municipal Center Virginia Beach, V A 23456 Re: Virginia Wesleyan College Revenue Bonds Dear Mayor Oberndorf and Members of City Council: We submit the following in connection with the project for Virginia Wesleyan College, located at 1584 Wesleyan Drive in the City of Virginia Beach, Virginia, (1) Evidence of publication of the notice of hearing is attached as Exhibit B, and a summary of the statements made at the public hearing is attached as Exhibit C. The City of Virginia Beach Development Authority's (the "Authority") resolution recommending Council's approval is attached as Exhibit D , (2) The Disclosure Statement is attached as Exhibit E . (3) The statement of the Authority's reasons for its approval as a benefit for the City of Virginia Beach and its recommendation that City Council approve the bonds described above is attached as Exhibit F. (4) The Fiscal Impact Statement is attached as Exhibit G. (5) Attached as Exhibit H is a summary sheet setting forth the type of issue, and identifYing the Project and the principals, ------.. The Honorable Meyera E. Oberndorf, Mayor Members of City Council April 15,2004 Page 2 (6) Attached as Exhibit I is a letter from the appropriate City department commenting on the Project. (7) Attached as Exhibit J is an Inducement Resolution fÌom the Norfolk Airport Authority . Very truly yours, ~ Chairman JVH/DJG/mlg Enclosures N = N ; PROJECT NAME Virginia Wesleyan College Revenue Bonds PROJECT LOCATION: 1584 Wesleyan Drive Virginia Beach, VA TYPE OF PROJECT: Student Housing Facilities ---------------- 1 2 3 4 5 6 7 8 9 A RESOLUTION CONCURRING WITH THE ISSUANCE BY THE NORFOLK AIRPORT AUTHORITY OF REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $7,500,000 FOR THE BENEFIT OF VIRGINIA WESLEYAN COLLEGE WHEREAS, there has been described to the City of Virginia Beach Development 10 Authority (the Authority), the plans Virginia Wesleyan College (the College) and the Norfolk 11 Airport Authority (the Norfolk Airport Authority) with respect to the following plan of finance: 12 to issue up to $7,500,000 in bank-qualified tax-exempt revenue bonds to assist the College in (i) 13 undertaking the construction and equipping of student housing facilities at the College's campus 14 located at 1584 Wesleyan Drive in Virginia Beach, Virginia, and (ii) to pay certain costs of 15 issuance relating to the such bonds; and 16 WHEREAS, it has been represented to the Council that the above facilities will be owned 17 by the College and will be located in Virginia Beach, Virginia; and 18 WHEREAS, it has been represented to the Council that a public hearing with respect to 19 the bonds as required by Virginia law and the Internal Revenue Code of 1986, as amended (the 20 Code), was held by the Authority on April 15, 2004, and 21 WHEREAS, it has been represented to the Council that the Norfolk Airport Authority 22 held a public hearing with respect to the bonds on March 25, 2004, and adopted an approving 23 resolution (the Norfolk Airport Authority Resolution) with respect to the bonds on that date; and 24 WHEREAS, the Authority has adopted a resolution recommending that the City Council 25 of the City of Virginia Beach (the Council) concur with the Norfolk Airport Authority 26 Resolution; and 27 28 WHEREAS, Sections 15.2-4905 and 15.2-4906 of the Code of Virginia of 1950, as amended (the Virginia Code), provide that the Council must concur with the adoption of the 29 Norfolk Airport Authority Resolution and approve the issuance of the bonds prior to the issuance 30 ofthe bonds; and 31 WHEREAS, the Code provides that the highest elected governmental officials of the 32 governmental unit having jurisdiction over the area in which any facility financed with the 33 proceeds of private activity bonds is located shall approve the issuance of such bonds; and 34 WHEREAS, the financed property is to be located in the City of Virginia Beach and the 35 members of the Council constitute the highest elected governmental officials of the City of 36 Virginia Beach; and 37 WHEREAS, a copy of the Norfolk Airport Authority Resolution, the Authority's 38 resolution and a statement in the form prescribed by Section 15.2-4907 of the Virginia Code have 39 been filed with the Council. 40 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 41 VIRGINIA BEACH: 42 1. The Council concurs with the adoption of the Norfolk Airport Authority 43 Resolution and approves the issuance of the bonds described in this resolution by the Norfolk 44 Airport Authority to the extent required by the Code and Sections 15.2-4905 and 15.2-4906 of the 45 Virginia Code. 46 2. The concurrence with the Norfolk Airport Authority Resolution, and the approval 47 of the issuance of the bonds, as required by the Code and Sections 15.2-4905 and 15.2-4906 of 48 the Virginia Code, does not constitute an endorsement to a prospective purchaser of the bonds of 49 the creditworthiness of the College and the bonds shall provide that the City of Virginia Beach 50 shall not be obligated to pay the bonds or the interest thereon or other costs incident thereto and 51 neither the faith or credit nor the taxing power of the Commonwealth of Virginia or the City of 52 Virginia Beach shaH be pledged thereto. 53 3. This resolution shall take effect immediately upon its adoption. 54 55 56 Adopted by the Council of the City of Virginia Beach on the - day of 57 ,2004. 58 59 60 61 62 63 64 65 CA9173 April 7, 2004 66 67 68 69 70 #903449 vI F\D,uIATY\F_IDEVAUTHIBDNDIWORK\DA 1570 v",. W~"" c,n",IVB CITYCOUNCILdoc Exhibit A THE VIRGINIAN-PILOT NORFOLK, VIRGINIA AFFIDAVIT OF PUBLICATION The Virginian-Pilot --------------------------------------------------+--------------------------- This day, and after I I I I I I I I I I I I I I I I I D. Johnson personally appeared before me I being duly sworn, made oath that, I I I I I I I 1 I I I I I I I I I I I I I I I I I I I AD SPACE, 80 LINE I I KAUFMAN & CANOLES, P. C. 150 W MAIN ST NORFOLK VA 23510 REFERENCE, 10236406 11304450 903443va NOTICE OF PUBLIC HEA State of Virginia City of Norfolk 1) She is affidavit clerk of The Virginian-Pilot, a newspaper published by Landmark Communications Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia Beach, Common- wealth of Virginia and in the state of North Carolina 2)That the advertisement hereto annexed has been published in said newspaper on the date stated. PUBLISHED ON, 04/01 04/08 TOTAL COST, FILED ON, - ------- ----- --- n- --+-- - n_- --- _un_- -- --- -- --- . I ity and state on the day and year Januar 31, 2008 Exhibit B NOTICE OF PUBLIC HEARING TO BE HELD BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR THE BENEFIT OF VIRGINIA WESLEYAN COLLEGE Notice is hereby given that the City of Virginia Beach Development Authority (the Virginia Beach Authority), whose address is 222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia 23462, will hold a public hearing on the plan of financing of Virginia Wesleyan College (the College), whose principal business address is 1584 Wesleyan Drive, Norfolk, Virginia 23502, for the issuance by the Norfolk Airport Authority (the Norfolk Authority) of up to $7,500,000 in bank-qualified tax-exempt revenue bonds to assist the College in (i) undertaking the construction and equipping of student housing facilities at the College's campus located at 1584 Wesleyan Drive in Virginia Beach, Virginia, and (ii) to pay certain costs of issuance relating to the such bonds. The public hearing, which may be continued or adjoumed, will be held at 2:00 p.m. on April 15, 2004, before the Virginia Beach Authority at its offices located at 222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia 23462. All of such facilities will be owned by the College. Any person interested in the issuance of the bonds should appear and be heard. Any person who is disabled and will require an accommodation in order to participate in the public hearing may call the Virginia Beach Authority at 437-6464. Please place such call at least three (3) days in advance of the meeting and public hearing. The bonds will not constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia or any political subdivision thereof, including the Virginia Beach Authority. Neither the Commonwealth of Virginia nor any political subdivision thereof, including the Virginia Beach Authority, shall be obligated to pay the bonds, or the interest thereon, or other costs incident thereto, except nom the revenues and monies pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia nor any political subdivision thereof, including the Virginia Beach Authority, will be pledged to the payment of the principal of or interest on such bonds or other costs incident thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY To be vublished in The Vire:inian Pilot on Thursday. Avril 1. 2004. and Thursdav. Avril 8. 2004 #903443 vI - VA WESLEY AN/2004/NOTICE OF PUBLIC HEARING (VEDA) Exhibit C CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING 2004 REVENUE BOND (VIRGINIA WESLEYAN COLLEGE) At 2:00 p.m. on April15, 2004, the Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of Virginia Wesleyan College ("College"), and that a notice of public hearing was published once a week for two consecutive weeks in The Virginian-Pilot, the second publication being not less than six (6) days nor more than twenty-one (21) days prior to the hearing. The Chairman indicated that a copy of the notice and a certificate of publication of such notice have been or will be filed with the records of the Authority and will be provided to the Clerk of the City Council of the City of Virginia Beach. The following individual appeared and addressed the Authority: Mr. George Conso1vo appeared on behalf of College. Mr. Consolvo described the revenue bonds of College which will be utilized to finance: (i) the construction and equipping of student housing facilities at the College's campus located at 1584 Wesleyan Drive in Virginia Beach, Virginia, and (ii) to pay certain costs of issuance relating to the such bonds. The Chairman closed the public hearing. The Authority then adopted a resolution (a) recommending that the Council of the City of Virginia Beach approve the issuance of the bonds in an amount up to $7,500,000, (b) directing the transmission of a Fiscal Impact Statement with respect to the bonds to the Council of the City of Virginia Beach and (c) requesting that its recommendation be received at the next regular or special meeting at which this matter can be properly placed on the Council's agenda for hearing. #903452 vI Exhibit D RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, there has been described to the City of Virginia Beach Development Authority (the Authority), the plans Virginia Wesleyan College (the College) and the Norfolk Airport Authority (the Norfolk Airport Authority) with respect to the following plan of finance: to issue up to $7,500,000 in bank-qualified tax-exempt revenue bonds to assist the College in (i) undertaking the construction and equipping of student housing facilities at the College's campus located at 1584 Wesleyan Drive in Virginia Beach, Virginia, and (ii) to pay certain costs of issuance relating to the such bonds; and WHEREAS, the above facilities will be owned by the College and will be located in Virginia Beach, Virginia; and WHEREAS, a public hearing with respect to the bonds as required by Virginia law and the Internal Revenue Code of 1986, as amended (the Code), was held by the Authority on April 15,2004, and WHEREAS, it has been represented to the Authority that the Norfolk Airport Authority held a public hearing with respect to the bonds on March 25, 2004, and adopted an approving resolution (the Norfolk Airport Authority Resolution) with respect to the bonds on that date; and WHEREAS, it has been represented to the Authority that the College has elected to proceed with a plan of finance pursuant to which the bonds will sold to Bank of America, N.A.; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. It is hereby found and determined that the issuance of the bonds will benefit the inhabitants of the City of Virginia Beach and prornote their education, welfare, convenience and prosperity. 2. To assist the College, the Authority hereby reconnnends that the City Council of the City of Virginia Beach, Virginia (the Council), concur with the Norfolk Airport Authority Resolution, the form of which has been presented at this meeting, as required by §15.2-4905 of the Code of Virginia of 1950, as amended (the Virginia Code), and hereby directs the Chairman or Vice Chairman of the Authority to submit to the Council the statement in the form prescribed by §15.2-4907 of the Virginia Code, a reasonably detailed summary of the continents expressed at the public hearing held by the Authority pursuant to §15.2-4906 of the Virginia Code, and a copy of this resolution. 3. All costs and expenses in connection with the financing plan shall be paid from the proceeds of the bonds to the extent permitted by law or from funds of the College and the Authority shall have no responsibility therefor. 4. All acts of the officers of the Authority which are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the bonds are hereby approved and confirmed. 5. As the bonds are expected to be bank-qualified tax-exempt obligations of the Norfolk Airport Authority, the Authority's multi-jurisdictional fee policy shall not apply to the bonds. 6. This resolution shall take effect immediately upon its adoption. The undersigned hereby certifies that the above resolution was duly adopted by a roll call vote of the commissioners of the City of Virginia Beach Development Authority at a meeting duly called and held on April15, 2004, and that such resolution is in full force and effect on the date hereof. Dated: A í' r : I 1<: ,2004 Secret, City of Virginia Beach Development Authority #903450 vi 2 - ---.----.-- Exhibit E DISCLOSURE STATEMENT pop.;! Date: MfH'eft -.1L, 2004 Applicant's Name(s): Virginia Wesleyan College All Owners (if different ÍÌ"om applicant): N/A Type of Application: Rezoning: From To Conditional Use Permit: Street Closure: Subdivision Variance: Other: Bond Financing ****************************************************************************** The following is to be completed by or for the Applicant: 1. If the applicant is a CORPORATION, list all the officers of the Corporation: See attached schedule. 2. If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: N/A The following is to be cqmp1eted by or for the Owner (if different ÍÌ"om the applicant) 1. If the Owner is a CORPORATION, list all the officers of the Corporation: N/A 2. If the Owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: N/ A VIRGINIA WESLEYAN COLLEGE ~ Vi Prèsident ----.,. Schedule to Disclosure Statement BOARD OF DIRECTORS AND OFFICERS OF VIRGINIA WESLEY AN COLLEGE Chairman - Joan P. Brock Vice Chairman - Vincent J. Mastracco, Jr. Secretary - John A Trinder Treasurer - Richard D. Roberts Jane P. Batten David L. Bernd George Y. Birdsong S. Frank Blocker, Jr. Gary D. Bonnewell RobertF. Boyd Joan P. Brock Thomas C. Broyles Robert Collenburg II B. Minette Cooper John M. Cox Robert H. DeFord, Jr. O. L. Everett William J. Fanney William W. Granger, Jr. William T. Greer, Jr. ex officio James W. Griffiths Charles E. Harris Ernest T. Herndon, Jr. ex officio James A. Hewitt, ill ex officio Lemuel E. Lewis #903446 vI John E. Lingo, Jr. Frederick V. Martin Vincent J. Mastracco, Jr. Charles McFadden D. Michael Meloy ex officio E. George Middleton, Jr. Emily S. Miles Joe E. Pennel, Jr. ex officio Robin D. Ray Richard D. Roberts Ralph G. Roop Jeanne P. Ross Georgia A. Ryder Joseph G. Savinsky ex officio Anne B. Shurnadine Vincent J. Thomas Susan A. Tonna John A. Trinder D. Henry Watts Benjamin J. Willis, Jr. Trustees Emeriti Jerry G. Bray, Jr. Helen C. Hoffman Henry Clay Hofheimer, Jr. H. P. McNeal Kenneth R. Perry Mary Wright Thrasher Exhibit F VIRGINIA BEP~CH Virginia Beach Development Authority 222 Central Park Avenue, Su;,e 1000 Virginia Beach, VA 23462 (757)437-6464 FAX (757) 499-9894 Websi".. www.vbgov.com NORFOLK AIRPORT AUTHORITY VIRGINIA WESLEYAN COLLEGE REVENUE BONDS The Authority recommends approval of the captioned financing. The financing will benefit the citizens of the City of Virginia Beach, Virginia by providing improved student housing facilities, which promote the education and welfare of the City's citizens. Exhibit G FISCAL IMP ACf STATEMENT SUBMITIED TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY The undersigned applicant, in order to pennit the City of Virginia Beach Development Authority submission of the following infonnation in compliance with Section 15.2-4907 of the Code of Virginia of 1950, as amended, states: Name of applicant: Virginia Wesleyan College Facility: Student Housing on Campus of Virginia Wesleyan College 6. a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality $7,500,000 N/A N/A N/A N/A $ $ $ $ 200 $38,000 1. Maximtnn amount of fmancing sought 2. Estimated taxable value of facility's real property to be constructed in the locality 3. Estimated real property tax per year using present tax rates 4. Estimated personal property tax per year using present tax rates 5. Estimated merchants capital tax per year using present tax rates b. Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality c. Estimated dollar value per year of services that will be purchased from Virginia companies within the locality d. Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality 7. Estimated number of regular employees on year round basis (FTE) 8. Average annual salary per employee Dated: April 15,2004 VIRGINIA WESLEYAN COLLEGE By: Vice President - Finance #903441 v1 By: FISCAL IMPACT STATEMENT SUBMITTED TO TIlE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY The undersigned applican~ in order to permit the City of Virginia Beach Development Authority submission of the following information in compliance with Section 15.2-4907 of the Code of Virginia of 1950, as amended, states: Name of applicant: Virginia Wesleyan College Facility: Student Housing on Campus of Virginia Wesleyan College 1. Maximwn amount of financing sought $7,500,000 2. Estimated taxable value of facility's real property to be constructed in the locality N/A 3. Estimated rea! property tax per year using present tax rates N/A 4. Estimated personal property tax per year using present tax rates N/A 5. Estimated merchant's capital tax per year using present tax rates N/A 6. a. Estimated dollar value per year of goods that will be purcbased from Virginia companies within the locality $30,000 b. Estimated dollar value per year of goods that will be purcbased from non-Virginia companies within the locality $5,000 c. Estimated dollar value per year of services that will be purcbased from Virginia companies within the locality $144,000 d. Estimated dollar va!ue per year of services that will be purcbased from non-Virginia companies within the locality $111,000 7. Estimated number of regular employees on year round basis (FTE) 8. Average annnal sa!ary per employee $25,000 Dated: April 15,2004 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: Chainnan #903441 vI Exhibit H SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY CONCURRENCE WITH NORFOLK AIRPORT AUTHORITY VIRGINIA WESLEYAN COLLEGE REVENUE BONDS 1. PROJECT NAME: 2. LOCATION: 3. DESCRIPTION OF PROJECT: 4. AMOUNT OF BOND ISSUE: 5. PRINCIPALS: 6. ZONING CLASSIFICATION: VIRGINIA WESLEY AN COLLEGE STUDENT HOUSING FACILITIES 1584 Wesleyan Drive Virginia Beach, Virginia Student housing $7,500,000 See attached list of officers and directors a. Present zoning classification of the Property b. Is rezoning proposed: Yes- No..1L c. If so, to what zoning classification? N/ A Schedule to Sununary Sheet BOARD OF DIRECTORS AND OFFICERS OF VIRGINIA WESLEY AN COLLEGE OFFICERS President Vice President for Academic Affairs Vice President for Business Affairs Vice President for College Relations Vice President for Emollment Management Vice President for Information Services Vice President for Student Mfairs BOARD OF TRUSTEES G. Robert Ashton, Jr. Jane P. Batten David L. Bernd George Y. Birdsong S. Frank Blocker Gary D. Bonnewell Robert F. Boyd Joan P. Brock Thomas C. Broyles B. Minette Cooper Van H. Cunningham Robert H. DeFord, Jr. Willard E. Douglas, Jr. William J. Fanney Emily Harkins Filer Richard S. Foster David Furman William W. Granger, Jr. James W. Griffiths Robert V. L. Hartwell Mrs. Walter E. Hoffman Frederick V. Martin Vincent J. Mastracco, Jr. E. George Middleton #903447 vI - VA WESLEY AN/ZO04/SUMMARY SHEET Dr. William T. Greer, Jr. Dr. Stephen S. Mansfield William T. Joseph James R. Bergdoll Richard Hinshaw Rene Perez-Lopez David E. Buckingham Robin D. Ray Richard D. Roberts Ralph G. Roop Jeanne P. Ross Georgia A. Ryder Vincent J. Thomas Mary W. Thrasher John A. Trinder D. Henry Watts Benjamin J. Willis, Jr. Exhibit I VIRGINIA BEACH Virginia Beach Development Authority 222 Central Park Avenue. Suite 1000 YJrginia Beach. VA 23462 (757) 437-6464 FAX (757) 499-9894 Webs;'" www.vbgov.oom April 15,2004 Mr. Robert G. Jones Chairman Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 Re: Virginia Wesleyan College Revenue Bond Financing Dear Bob: The Department of Economic Development concurs with the issuance of revenue bonds by the Norfolk Airport Authority in an amount not to exceed $7,500,000 for Virginia Wesleyan College. These funds are to be utilized for the construction and equipping of student housing facilities on the campus of Virginia Wesleyan College located at 1584 Wesleyan Drive in Virginia Beach, Virginia. It is the finding of the Department of Economic Development that these facilities are necessary to support the increase in the number of students due to the growth of Virginia Wesleyan College in recent years. I will be happy to answer any questions you may have at our meeting of April 15tb. Sincerely, ~avU Mark R. Wawner Project Development Manager MRW:lls Exhibit J RESOLUTION OF NORFOLK AIRPORT AUTIIORITY FOR VIRGINIA WESLEYAN COLLEGE WHEREAS, there has been described to the Norfolk Airport Authority (the Authority) the plans of Virginia Wesleyan College (the College) whose principal place of business is 1584 Wesleyan Drive, Norfolk, Virginia 23502, for the issuance of the Authority's Bond (hereinafter defined) in an amount not to exceed $7,500,000 to assist the College (a) in undertaking the construction and equipping of a dormitory at the College's campus located at 1584 Wesleyan Drive in Norfolk, Virginia, and (b) in financing of the payment of certain costs of issuing the Bond; and WHEREAS, the above làcility (the Project) will be owned by the College; and WHEREAS, the College in its appearance befure the Authority has described the benefits to be derived ftom the above undertaIcings and has requested the Authority to agree to issue the Bond under Chapter 463 of the Acts of Assembly of1948, as amended (the Act); and WHEREAS, the College has elected to proceed with a plan of finance pursuant to which the Bond will be privately placed with Bank of America, NA (the Lender), for its own account and fur investment pwposes; and WHEREAS, a public hearing with respect to the Bond as required by Virginia Jaw and the Internal Revenue Code of 1986, as amended (the Code), has been held at this meeting; and WHEREAS, there have been presented to this meeting the furms of the following documents and instruments which the Authority proposes to execute to carry out the transactions described above: (a) Bond Purchase and Sale Agreement (the Agreement), among the Authority, the College and the Lender, together with the College's promissory note (the Note) executed and delivered pursuant to the Agreement. (b) The Authority's 2004 Revenue Bond (Virginia Wesleyan College) (the Bond), in registered furm, bearing interest at the variable rate, payable and dated as set furth therein. BE IT RESOLVED BY THE NORFOLK AIRPORT AUTIIORlTY: 1. The recitals made in the preambles to this resolution are hereby adopted as a part of this resolution. 2. It is hereby found and determined that the issuance of the Bond for the purposes described herein will promote education in the City of Norfolk, the City of Virginia Beach and the Commonwealth of Virginia. 3. To assist the College to finance the Project, and to pay costs of issuance ofthe Bond, the Authority hereby agrees to undertake the issuance of the Bond upon terms and conditions set forth in the Agreement. Principal of and premium, if any, and interest on the Bond shall be limited obligations of the Authority payable solely 1Ì'om the revenues and receipts derived by the Authority 1Ì'om the College or other available funds provided by the College. The principal of and premium, if any, and interest on the Bond shall not be deemed to constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia or any political subdivision thereof; including the Authority and the City of Norfolk. Neither the Commonwealth of Virginia nor any political subdivision thereof; including the Authority and the City of Norfolk, shall be obligated to pay the principal of or premium, if any, or interest on the Bond or other costs incident thereto except 1Ì'om revenues and receipts derived by the Authority 1Ì'om the College or other available funds provided by the College, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any political subdivision thereof; including the Authority and the City of Norfolk, will be pledged to the payment for principal of or premium, if any, or interest on the Bond or other costs incident thereto. No covenant, condition or agreement contained in the Bond or in any financing instrument executed and delivered in connection therewith shall be deemed to be a covenant, agreement or obligation of any present, past or future commissioner, officer, employee or agent of the Authority in his individual capacity, and no officer of the Authority executing the Bond or any other :financing document or instrument shall be liable personally thereon or subject to any personal liability or accountability by reason of the issuance or execution thereof. 4. The Authority hereby recommends and requests that the City Council of the City of Norfolk (the Council) approve the issuance of the Bond in accordance with Virginia law and the Code. The Authority hereby directs the Chairman, Vice Chairman or Executive Director of the Authority to submit to the Council the statement in the form prescnòed by § 15.2-4907 of the Virginia Code, a reasonably detailed summary of the comments expressed at the public hearing held at this meeting pursuant to § 15.2-4906 of the Virginia Code, and a copy of this resolution. 5. It having been represented to the Authority that it is necessary to proceed immediately with the financing of the Project, the Authority agrees that the College may proceed with plans for the Project, enter into contracts for acquisition, construction and equipping and take such other steps as the College may deem appropriate in connection therewith, provided that nothing herein shall be deemed to authorize the College to obligate the Authority without its consent in each instance to the payment of any monies or the performance of any acts in connection with the Project. The Authority hereby agrees that the College may be reimbursed 1Ì'om the proceeds of the Bond for all costs so expended 1Ì'om and after the date of this resolution together with costs previously expended by the College within sixty (60) days prior to the date of this resolution with respect to the Project. 2 6. The College and the Lender having requested the appointment of Kaufinan & Cano1es, P .C., Norfolk, Virginia, as Bond Counsel in connection with the issuance of the Bond, and the Authority having detennined that Kaufinan & Canoles, P.C., constitutes a firm of attorneys which is licensed to practice Jaw in Virginia and which is listed in the latest edition of The Bond Buver's MarketPlace: Municipal Bond Attorneys. the Authority hereby appoints Kaufinan & Canoles, P.C., as Bond Counsel to supervise the proceedings and approve the issuance of the Bond. 7. The Chairman, Vice Chairman or Executive Director of the Authority is hereby authorized and directed to execute and deliver the Agreement. The Chairman, Vice Chairman or Executive Director of the Authority is hereby authorized and directed to execute, the Secretary or Assistant Secretary is authorized and directed to affix and attest the seal of the Authority, and either is authorized and directed to deliver the Bond to the Lender upon the terms provided in the Agreement. All terms of the Bond are by this reference thereto incorporated herein as a part of this resolution. 8. The Chairman, Vice Chairman or Executive Director of the Authority is hereby authorized and directed to execute and deliver an assigmnent of the Note and of the rights of the Authority under the Agreement (except for the rights reserved to the Authority therein). 9. The Agreement, the Note and the Bond shall be in substantially the forms presented at this meeting, which are hereby approved, with such completions, omissions, insertions and changes as may be approved by the officers of the Authority executing them and by counsel to the Authority, such officers' execution to constitute conclusive evidence of approval of any such omissions, insertions and changes. 10. The officers of the Authority are hereby authorized and directed to execute and deliver all certificates and instrwnents, including Internal Revenue Service Form 8038, and to take all such further action as they may consider necessary or desirable in connection with the issuance and sale of the Bond. 11. The Authority hereby designates the Bond and a bond approved on the date hereof for the benefit of Norfolk Botanical Garden Society, Incorporated "qualified tax-exempt obligations" of the Authority for calendar year 2004 within the meaning of the provisions of Section 265(b)(3) of the Code; provided, however, that such designation is conditioned upon the aggregate principal amount of the Bond and such bond not exceeding $10,000,000. 12. All costs and expenses in connection with the financing plan, including the fees of the Authority and the fees and expenses of Bond Counsel, counsel to the Authority, counsel to the College and counsel to the Lender, shall be paid :lÌom the proceeds of the Bond to the extent permitted by Jawor ftom funds of the College. If for any reason the Bond is not issued, it is understood that all such expenses shall be paid by the College and that the Authority shall have no responsibility therefor. 3 13. It is understood that the financing documents shaIl provide that the College shaIl indemnifÿ and save bannless the Authority, its officers, commissioners, employees and agents ftom and against all liabilities, obligations, cJaj¡ns, damages, penalties, fines, losses, costs and expenses in any way connected with the adoption of this resolution and the issuance and sale of the Bond. 14. The Bond shaIl not be issued until all public hearings have been held as required by the Act and the Code and until all governmental approvals as required by the Act and the Code have been obtained. 15. An other acts of the officers of the Authority which are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Bond are hereby approved and confirmed. 16. This resolution shaIl take effect immediately upon its adoption. The undersigned hereby certifies that the above resolution was duly adopted by the commissioners of the Norfolk Airport Authority at a meeting duly ca11ed and held on March 25, 2004, and that suçh resolution is in full force and effect on the date hereof: Dated: March ~ 2004 #896280.3 - VA WESLEY AN/2OO41AurnORßY APPROVING RESOLUIlON 4 i; ~.d CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RESOLUTION APPOINTING CHRISTIANNA R. DOUGHERTY- CUNNINGHAM AND LUCIA G. WHITLOW AS ASSISTANT CITY ATTORNEYS MEETING DATE: May 11, 2004 . Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." . Considerations: The proposed appointments of Christianna R. Dougherty-Cunningham and Lucia G. Whitlow will fill existing vacancies in the City Attorney's Office. . Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: City Attorney ~ ~^ City Manager: u~ 1 2 3 4 A RESOLUTXON APPOXNTXNG CHRXSTXANNA R. DOUGHERTY-CUNNXNGHAM AND LUC:IA G. WHXTLOW AS ASSXSTANT CXTY ATTORNEYS 5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 That, pursuant to § 2-166 of the Code of the City of Virginia 8 Beach, Christianna R. Dougherty-Cunningham and Lucia G. Whitlow are 9 hereby appointed as Assistant City Attorneys, effective May 16, 10 2004. 11 12 Adopted by the Council of the City of Virginia Beach, 13 Virginia, on the ------ day of , 2004. 14 15 16 17 18 19 20 21 22 23 24 25 26 CA9237 H:\GG\Ordres\cunninghamappointres.doc R2 April 30, 2004 APPROVED AS TO LEGAL SUFFICIENCY: . /.~ ,c. 'l ~:~ J ,J¡}ß.<-oL-., ' City Attorney's Offi~e L. 1. PLANNING Applications for Variances to § 4.4(b) of the Subdivision Ordinance that reqnires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO): a. TIDEWATER CONVENIENCE, L.L.C., at 1689 Laskin Road (DISTRICT 5 - L YNNHA VEN) FLOYD E. WATERFIELD, JR. at 1680 Mill Landing Road. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: b. APPROVAL 2. Application ofMALBON BROS. PETROLEUM, L.L.C. for Modification of Proffers re size and access on a Conditional Change of Zoning approved by City Council on July 5, 2000, (Beach Builders, Inc.) on the north side of Culver Lane east of General Booth Boulevard (DISTRICT 7- PRINCESS ANNE) RECOMMENDATION: APPROVAL 3. Application of OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOC., INc. for a Modification of Conditions to add boatlifts applicable to a Conditional Use Permit for a community pier approved by City Council on November 28,2000, and allow installation of up to seventy-five (75) boat lifts at 3665 Sandpiper Road. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROVAL fifE aU-CON $UND'AY, ÁPRIL 25, 2004 NOTICE OF PUBUC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, May 11, 2004, at 6:00 p.m. The following applications will beheard: . DISTRICT 7 - PRINCESS ANNE 1. AIII',,"1 to Decisions of Administrative Officers re certain elements of StlbdiÍlision Ordinance, Subdivision for Floyd E. Waterfield, Jr. at 1680 Miff Landing Road. . 2. Maibon Bros. Petroleum, L.L.C. Application: Modifica~on of Proffers for application approved by City Council on July 5, 2000 (Beach Build- ers, Inc.) on the north side of Culver Lane. 3. Outdoor ResMs of Virginia Beach Condominium Assoc., Inc. Applica- tion: Modification of a Conditional Use Pennit for a community pier approved by City Council on November 28, 2000 at 3665 Sandpiper Road. DISTRICr S '.LYNNHAVEN 4. Appeal to Decisions of Administrative Officers re certain elements of the Subdivision Ordinance, Subdivision for Tidewater Convenience, L.L.C at 1689 Laskin Road. All interested citizens are invited to attend. rJ-"'""4v/ d - Ruth Hodges Smith, MMC City Clerk BEACON: APRIL 25 and MAY 2, 2004 11378040 SUNDAY, MAY 2, 2004 NonCE OF PUBUC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, MunICipal Center, 2401 Courthouse Drive, Tuesday, May 11, 2004, at 6:00 p.m. The following applications will be heard: DISTRICT 7 . PRINCESS ANNE 1. Appeal to DecisiOfls of Administrative Officers re certain elements of Subdivision Ordinance, Subdivision for Roy<! E. Waterfield, Jr. at 1680 Mill Landing Rosd. 2. Malbon Bros. Petroleum, L.LC. Applica~Ofl: Modifrèàtion of Proffers to< application approved by City Council on July 5, 2000 (Beach Build- ers, Inc.) Ofl the north side of Culver Lane. 3. Outdoor Resorts of Virginia Beach Condominium Assòc.. Inc. Applica- tion: Modification of a ConditiOflal Use Penn~ for a community pier approved by City Council on November 28, 2000 at 3665 Sandpiper Road. DISTRICT 5 - LYNNHAVEN 4. Appeal to Decisions of Administrative Officers re certain elements of 'he Subdivision Ordinance, Subdivision for Tidewater Convenience LLC at 1689 Laskin Road. ' All interested ci~zens are invited to attend. [J-c7<! / d- Ruth Hodges Sm~h, MMC City Clerk BEACON: APRIL 25 and MAY 2,2004 11378040 ;>0 ,.J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Tidewater Convenience, LLC. - Subdivision Variance MEETING DATE: May 11, 2004 . Background: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Tidewater Convenience, L.L.C. Property is located at 1689 Laskin Road (GPIN 24078806210000). DISTRICT 5- LYNNHAVEN . Considerations: It is the intent of the applicant to subdivide the parcel into two (2) lots: Site 1 with 23,359 square feet and Site 2 with 40,904 square feet. Site 1 is the only parcel that will require a Subdivision Variance for the required lot widths for both Laskin Road and First Colonial Road. This parcel, under sole ownership, has been divided up into leased parcels for many years. Further, the size of the parcel has been altered a number of times through acquisitions that occurred as part of improvements to Laskin Road and First Colonial Roads. As was recommended to the applicant with the Conditional Use Permit request for the car wash (yet to be constructed) in 2002, incorporating the approximately 17,000 square feet of property to the south (a portion of Site 2) would provide more land for the ultimate redesign of the total site. The applicant has explained that the parcel to the south is "tied up" in a long-term lease with the drug store to the east (to ensure visibility from First Colonial Road). The applicant, however, has also noted that it is their intent to acquire the proposed site to the south when it becomes available. The applicant has also worked with the representative of the property owner to establish that when either Site 1 or the parcel to the south redevelops, the existing access points to those parcels will be closed and a single entrance will be provided at the parcel line between the two parcels. This access point is generally consistent with that shown on the preliminary design plans for the First Colonial Road project. The Planning Commission placed this item on the consent agenda because the applicant and the City have agreed on access to this site and the adjacent property consistent with improvement plans for First Colonial Road and the Tidewater Convenience Page 2 of 2 proposal is compatible with surrounding properties. Staff recommended approval. There was no opposition to the request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. Subdivision of the property shall be substantially as depicted on the submitted plan entitled, "Preliminary Subdivision of Property of Floyd t. Deary, Et Als, Virginia Beach, Virginia," dated July 21, 2003. 2. When development occurs on either proposed Site 1 or the portion of proposed Site 2 shown as Lease Parcel 2 on the above-referenced plan, the existing access points to those parcels from First Colonial Road will be closed and a single entrance will be provided between the two parcels as depicted on the plan entitled "Entrance Location for Resubdivision of Property, 1689 Laskin Road, Virginia Beach, Virginia," dated 8 Mar 04. Further, a no ingress-egress easement shall be provided along the First Colonial Road frontage except at the point of access shown on said plan. . Attachments: Staff Review Disclosure Statement Plannin9 Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen~ COy .'M"'T Ie qr~ ~~,y, ¿¿ .~ KO6-214-SVR-2004 .-0 ~~ E~~TIDEWATER CONVENIENCE, L.L.C. (.'I.~... ::iJ.. \}::~....~ø Agenda Item # 15 "'~.;::;~:.;":' April 14, 2004 Public Hearing Staff Planner: Carolyn AK Smith The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Location and General Information The Planning Commission deferred this request at the February 11 and March 10, 2004 hearings to provide time for the Staff and the applicant to discuss possible alternatives to the requested variance. Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance REQUEST: LOCATION: Property located at 1689 Laskin Road. TIDEWATER CONVENIENCE Agenda Item # 15 Page 1 GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: EXISTING LAND USE: 24078806210000 5 - L YNNHAVEN 1.47 acres There is an existing gas station, a drug store and parking on and surrounding the site. East: West: . Laskin Road, restaurant, fuel sales / B-2 Community Business District . Retail, restaurant / B-2 Community Business District . Retail / B-2 Community Business District . First Colonial Road, retail / B-2 Community Business District SURROUNDING North: LAND USE AND ZONING: South: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: There are no significant environmental features on this site as it is almost entirely impervious. The parcel is within the Chesapeake Bay watershed. The site is in an AICUZ of greater than 75dB Ldn surrounding NAS Oceana. Summary of Proposa Existing Lot: The existing lot is approximately 1.47 acres (64,263 square feet). Proposed Lots: It is the intent of the applicant to subdivide the parcel into two (2) lots: Site 1 with 23,359 square feet and Site 2 with 40,904 square feet. Site 1 is the only parcel that will require a Subdivision Variance for the required lot widths for both Laskin Road and First Colonial Road. TIDEWATER CONVENIENCE Agenda Item # 15 Page 2 ltøm Reauired smu Lot Width in feet First Colonial Road 150 * 126.79** Lot Width in Feet Laskin Road 210 * 132.39 ** Lot Area in square feet 20,000 i 23,359 * per Sec. 4.4(c)(2)(ii) of the Subdivision Ordinance for corner lots ** variance required ~ >t:;. : ~,.,!H !"",,"'Æ ï¡~stii~ t¡,..:;; u z¡::!>' ¡¡ ~ ~ ~ ..: ~ /:~ ~zSo!i 2> "i~::=\ ~!:8 R~5Z-~ ~;:.: ~ ~~~:;* ~: ~ '" ,,~u ~ :E~d'f .,tii !! æ ¡¡~ q~ ~S :.~ w~ "WA) ~~ ~~.- /:~: ~~~ ~M VI '" ::¡ 8 ig::;5 ~~"'o:h e5~:~; ~ .:; .*m !Q.,,~ .. ~¡<¡d'¡¡ <3 is t5 NÐISY1 !: ! ~ '" I: '" " . I: ï ...22 . """'. 3S'f31 i i~jt\: ¡: ~ !~~¡ :Ii ;, 3 IJ!~ I! ;;¡g. - , . 'w ,.7.0+ I~j ..,~ 00 E "'.'- TIDEWATER CONVENIENCE Agenda Item # 15 Page 3 Comprehensive Plan The Comprehensive Plan recognizes this area as Strategic Growth Area 7 - Hilltop/North Oceana Area. This area has great potential for contributing more in the future toward the well being of the city. Page 76 of the Comprehensive Plan states that "Although Hilltop presently is a high volume commercial area, and to some extent a high quality commercial area, there are land uses present that are incongruous with this character." It continues on page 77 to say that "...special attention should be paid to quality site and building design... to increase the overall attractiveness of this area. The continued use of the parcel is consistent with the Plan's recommendation as non- residential uses including office and retail are acceptable due in part to AICUZ issues surrounding properties in this Area. However, emphasis should be placed on general beautification of the area and developing and redeveloping this Strategic Growth with a high level of quality. Staff Evaluation Staff recommends approval of this request with the conditions below. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: D. Strict application of the ordinance would produce undue hardship. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property A. B. C. TIDEWATER CONVENIENCE Agenda Item#15 Page 4 E. immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Staff's evaluation of this request reveals the proposal, through the submitted materials, presents a unique case justifying the granting of a variance to the requirements of the Subdivision Ordinance. This parcel, under sole ownership, has been divided up into leased parcels for many years. Further, the size of the parcel has been altered a number of times through acquisitions that occurred as part of improvements to Laskin Road and First Colonial Roads. As was recommended to the applicant with the Conditional Use Permit request for the car wash (yet to be constructed) in 2002, incorporating the approximately 17,000 square feet of property to the south (a portion of Site 2) would provide more land for the ultimate redesign of the total site. The applicant has explained that the parcel to the south is "tied up" in a long-term lease with the drug store to the east (to ensure visibility from First Colonial Road). The applicant, however, has also noted that it is their intent to acquire proposed the site to the south when it becomes available. The applicant has also worked with the representative of the property owner to establish that when either Site 1 or the parcel to the south redevelops, the existing access points to those parcels will be closed and a single entrance will be provided at the parcel line between the two parcels. This access point is generally consistent with that shown on the preliminary design plans for the First Colonial Road project. Staff, therefore, recommends approval of this request subject to the following conditions: 1. Subdivision of the property shall be substantially as depicted on the submitted plan entitled, "Preliminary Subdivision of Property of Floyd t. Deary, Et Als, Virginia Beach, Virginia," dated July 21, 2003. 2. When development occurs on either proposed Site 1 or the portion of proposed Site 2 shown as Lease Parcel 2 on the above-referenced plan, the existing access points to those parcels from First Colonial Road will be closed and a single entrance will be provided between the two parcels as depicted on the plan entitled "Entrance Location for Resubdivision of Property, 1689 Laskin Road, Virginia Beach, Virginia," dated 8 Mar 04. Further, a no ingress-egress easement shall be provided along the First Colonial Road frontage except at the point of access shown on said plan. TIDEWATER CONVENIENCE Agenda Item # 15 Page 5 NOTE: Further conditions may be required during the administration of a licable Ci Ordinances. TIDEWATER CONVENIENCE Agenda Item # 15 Page 6 ff"_WW,,""-'" Supplemental Information Zonina History Map K-6 Mð No' '° Scðle 1# I DATE I REQUEST I ACTION 1 Conditional Use Permit (car wash) Granted 06-19-78 Conditional Use Permit (fuel sales) Granted 2 12-07-99 Enlargement of a Nonconforming Use Denied 3 02-23-99 Change of Zoning (R-10 Residential District to Granted Conditional B-2 Community Business District) 4 10-24-95 Conditional Use Permit (church) Granted 12-14-81 Conditional Use Permit (church) Granted 5 03-12-90 Reconsideration of Conditions Granted TIDEWATER CONVENIENCE Agenda Item # 15 Page 7 08-22-88 6 10-12-87 7 09-15-86 8 06-19-78 9 02-27-78 Conditional Use Permit (auto repair) Conditional Use Permit (auto repair) Conditional Use Permit (auto repair) Conditional Use Permit (fuel sales) Conditional Use Permit (miniature golf) Granted Granted Granted Granted Granted Public Aaencv Comments Public Works This site will be impacted by Capital Improvement Plan project CIP 2-156 that is under design that includes improvements to both First Colonial and Laskin Roads. This is in conjunction with the Laskin Road Phase I Virginia Department of Transportation roadway improvement project. These improvements will include a right turn lane on northbound First Colonial Road at Laskin Road and a continuous right turn lane on eastbound Laskin Road in front of the site. Public Utilities There is an eight (8) inch water main in Laskin Road and both an eight (8) inch and a twelve inch water main in First Colonial Road. This site is currentl connected to Cit water. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strate ies as the ertain to this site. I Adequate, no comments. I Fire and Rescue: TIDEWATER CONVENIENCE Agenda Item # 15 Page 8 Exhibits Exhibit A Aerial of Site Location TIDEWATER CONVENIENCE Agenda Item # 15 Page 9 Exhibit B-1 Proposed Subdivision -'."-',,/ ~ ¡ ~_._. --- -- ...."=- -----..!"!!!I- J -- i ---.--...- -).. '+. N "'Ii 'I iI ì I -L --- ---. -.- .::ær"" , -- ~ : -f"'.-" - 1- ¡,' ~ --1m ---¡rc.- --"'- ., _._""ttaDD ---"'- ~ 4;' .. ... '" ~-) " : Ia& Š ~ ". - ~ IJISI(IH - (RT. f 58) TIDEWATER CONVENIENCE Agenda Item # 15 Page 10 ~ ~ ..., Ii ::! 0 m ! m »::0 ceo (\)0 à.z 0)< -m -aroZ ~3ñï (\):::Z ........0 ""O1m ~ u: ~ " !J' ~' g:~. ~ PARCEl. 5 NOW 011 FOIII£IILY RliE AID OF \I1RGlNIA. INC. o.s. 3888 P. 7&5 M.B, 27t P, 39 CPtII: 2401-88-2." 11." AOJO!NlNG " DRNNAGE "UI1UTY EAsalENT("'.s. 51 P. 3) HERfBY VAGAlED. 233.05' ~I l£AS£ PARCEl. 4 ~ ...8JE..L 40,1104 "I. ft, 150.0" PROPOS£) ...IŒ.1.. 23,359 ... It. R - 25.00' l - 31.'" N 0"95\ FIRST CGI..CHAL ROAD (""s. 100 P. 88. "'.8. tOI P. J. "'.B. toe P. 39) NOW OR FOI!\ÆR!.Y FlO'tD T. DEARY. ET AlS W.8. t(,) P. "24 IoI.B, 51 p. 3 GPiN: 2401-88-22114 &~' ~"~~~~ci. (1.1.8. 98 P. 14) NOW OR FORMERlY GEORGIOS p, CHRISTODOUUAS 0.8, 3118 P... "'.B. 84 P. 37 GPiN: 2407-88-1313 SITE '-A (VAR. R/YI) m >< O::r < -. mC" ji;::¡: =m "C iii' ::¡N Exhibit C Disclosure Statement NOIIV3IldcIV lImIHd HSI11VNOI1IGN 1--" - '; ~ U ~ 'Ii JH I B Hi i¡ II ,¡ili jH~,,~ ,,' i ,0 ~'§H ";i~ . I li"i~,.il 1 § in ,~ ~ ~t I '. Õ]¡š¡: dl~:t-i I:! ~~i~ ~~ ~ LJ U!~, ~~l~4 H~ ~ <l~\ ~' "~.Vl."l5;" Ut~ ~~ ~ :,~ l~,: *-1~ '.,J, ,~ j£illb~lI g~2 H~ ~~~ m ,; [~ s.u¡ H~ Hh ~n~ !Iii o. iduUlj¡j iì¡¡8~2.~3~g"õ .In! ~ au ~. UH ~f un 1 ~ I~ gE~~~ >ì~þ mi:,!"..",',;,'.,:.:[,I.",.!,-,..~I,', 'I" ~iUL,~l:~ ' ~;;.š~;;,,-~.'t i n n:'f~~1~i I- Z W ~ W ~ ¡- (I) w a: ;:¡ f/) '0 .J U If/) Õ " ,; i i ,~ i § ~ . ~ j i ~,~ ~ 02 0 HU I~~ H Hili Ë';ii~ 1m -õ~ 0 ] ~ 0: t c c c c, 8 :=; >:¿ ,"'¡¡ 5~ P' ;.~ , l~ 1* Hi! 2 =i ~~ ] i3 i5 "~ ŒI. IIJ l 'NOI1V3nddV lIWHHd HSfl1VNOI1IGNO3 '" '.! TIDEWATER CONVENIENCE Agenda Item # 15 Page 12 Item #15 Tidewater Convenience, LLC. Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance 1689 Laskin Road District 5 Lynnhaven April14,2004 CONSENT Ronald Ripley: The last item on the consent agenda is Item #15. It's an application of Tidewater Convenience, LLC. Appeal to Decision of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision of Tidewater Convenience, LLC. Property is located at 1689 Laskin Road. It is located in the Lynnhaven District. Would you come forward please? John Richardson: Yes sir. Ronald Ripley: Is there any opposition to this item? John Richardson: Mr. Ripley, members of the Commission. My name is John Richardson. I'm a local attorney. I represent the applicant. I reviewed the conditions that are stated and they are agreeable to my client. William Din: Thank you Mr. Richardson. John Richardson: Thank you. Ronald Ripley: Gene, are you commenting? William Din: Gene is commenting on this item. Eugene Crabtree: This was before us last month and we deferred it so that the City and the applicant could get together on a couple of things because of the road repairs in the sense of that is going to go in along Laskin Road and First Colonial. They got together and they have redone the curb cut and a shared use driveway between the applicant and the property next to them. This does conform with the Comprehensive Plan. It's within the noise zone of the DOD with Oceana. DOD has no objection in terms with that so we feel like this should be on the consent agenda so we consented it. William Din: Thank you Gene. Ronald Ripley: That is all that is on the consent agenda. Mr. Chairman, I would like to make a motion that Item #15 be approved. Item #15 Tidewater Convenience, LLC. Page 2 William Din: Thank you Ron. Do I have a second? Thanks. Don Horsley seconded it. Are we ready for the vote? AYE 9 NAY 0 ABSO ABSENT 2 ANDERSON ABSENT CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD ABSENT Ed Weeden: By a vote of9-0, the motion carries. William Din: Thank you very much. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Floyd E. Wateñield, Jr. - Subdivision Variance MEETING DATE: May 11, 2004 . Background: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Floyd E. Waterfield, Jr. Property is located at 1680 Mill Landing Road (GPIN 24102466580000). DISTRICT 7- PRINCESS ANNE . Considerations: It is the intent of the applicant to subdivide one additional lot slightly over 3 acres out of an existing 36.27 acre site. A single-family home will be constructed on this parcel on a portion of the rear of the site located above the 1 OO-year flood elevation. The subdivision plat shows a lot width of 175 feet for the proposed parcel; however, none of the 175 feet can count toward requirements of the City Zoning Ordinance for lot width because the property fronting the street (where lot width is measured) is in the 1 OO-year floodplain. In accordance with the Site Plan Ordinance, this area is considered to be a floodplain subject to special restrictions, and the Zoning Ordinance specifies that such floodplains cannot count toward lot width. Thus, the applicant is requesting the Subdivision Variance, as this lot technically has no lot width. The Planning Commission placed this item on the consent agenda because the topography of the lot creates a hardship. Staff recommended approval. There was no opposition to the request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. The subdivision shall be subdivided substantially as shown on the plat entitled; " Preliminary subdivision of Property Floyd E. Waterfield, Jr. & Elizabeth Waterfield" dated November 4, 2003 by Gallup Surveyors & Engineers, Ltd. 2. The width and surface material for the driveway serving proposed Parcel B shall be subject to approval by the Fire Department. Floyd E. Waterfield Page 2 of 2 . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department~ City Manager:~~ \L,~ K18-210-5VR-2003 FLOYD E. WATERFIELD Agenda Item # 2 April 14, 2004 Public Hearing Staff Planner: Karen Prochilo The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: Location and General Information Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance Property is located at 1680 Mill Landing Road. Part of 24102466580000 7 - PRINCESS ANNE FLOYD E. WATERFIELD Agenda Item # 2 Page 1 SITE SIZE: Subject parcel: 3.34 acres. Total Parcel: 36.27 acres EXISTING LAND USE: Agricultural East: . Farm fields and rural residential! Agricultural Districts AG-1 and AG-2. . Mill Landing Road. Farm fields with occasional rural residential! Agricultural Districts AG-1 and AG-2. . Farm fields with occasional rural residential! Agricultural Districts AG-1 and AG-2. . Nanneys Creek Road and Mill Landing Road. Farm fields with occasional rural residential! Agricultural Districts AG-1 and AG-2. SURROUNDING North: LAND USE AND ZONING: South: West: NATURAL RESOURCE AND CULTURAL FEATURES: The subject site is predominately low flat land. Nanney Creek runs through the northern portion of the residual property. The front of the entire site is below the 100 year flood elevation. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana and NALF Fentress. Summary of Proposa Existing Lot: The existing lot is 36.27 acres and is in the Agricultural Districts AG-1 and AG-2. Proposed Lots: It is the intent of the applicant to subdivide one additional lot slightly over 3 acres out of the 36.27 acre site. A single-family home will be constructed on this parcel on a portion of the rear of the site located above the 100 year flood elevation. The subdivision plat shows a lot width of 175 feet for the proposed parcel; however, none of the 175 feet can count toward ordinance requirements because the property fronting the street (where lot width is measured) is in the 1 DO-year floodplain. In accordance with the Site Plan Ordinance, this area is considered to be a floodplain FLOYD E. WATERFIELD Agenda Item# 2 Page 2 subject to special restrictions, and the Zoning Ordinance specifies that such floodplains cannot count toward lot width. Thus, the applicant is requesting the Subdivision Variance, as this lot technically has no lot width. Item Reauired 1.QlB Lot Width in feet 125 O' Lot Area in square feet 43,560 SF 65,340 SF 'Variance required Comprehensive Plan The Comprehensive Plan recognizes this property to be part of the Rural Service Area. The siting of this structure over 500 feet from the road complements the rural setting without dominating its surroundings. Staff Evaluation Staff recommends approval of this request. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: C. Strict application of the ordinance would produce undue hardship. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. A. B. FLOYD E. WATERFIELD Agenda Item # 2 Page 3 D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. E. Staffs evaluation of this request reveals the proposal, through the submitted materials, does provide evidence of a hardship justifying the granting of a variance to the requirements of the Subdivision Ordinance. The applicant has demonstrated a hardship through Line Item D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. The property fronting the street is in the 1 DO-year floodplain, which results in the proposed lot having no width. Locating the house and septic system drainfields to the rear of the proposed lot keeps them above the 100 year flood elevation. Staff, therefore, recommends approval of this request. Conditions 1. The subdivision shall be subdivided substantially as shown on the plat entitled; " Preliminary subdivision of Property Floyd E. Waterfield, Jr. & Elizabeth Waterfield" dated November 4, 2003 by Gallup Surveyors & Engineers, Ltd. 2. The width and surface material for the driveway serving proposed Parcel B shall be subject to approval by the Fire Department. NOTE: Further conditions may be required during the administration of a licable Ci Ordinances. FLOYD E. WATERFIELD Agenda Item # 2 Page 4 ,.,~"".,w,-" Supplemental Information Zonina Historv 1 AG-I I ACTION Granted Granted Granted Granted Granted Granted 1#1 DATE ¡REQUEST 1 12/11/90 Use Permit (Storage - Wholesale) 2 08/22/00 Conditional Use Permit (Residential Kennel) 3 07/10/89 Use Permit (Duplex) 4 07/09/91 Use Permit (Single Family Dwelling) Subdivision Variance 5 06/09/91 Use Permit (Single Family Homes) FLOYD E. WATERFIELD Agenda Item # 2 Page 5 Public Aaencv Comments Public Works Master Transportation Mill Landing Road in the vicinity of this application is considered a Plan (MTP): two lane undivided collector street. It is not designated on the Master Transportation Plan (MTP). There are no current projects to upgrade this roadway at this time. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity 6,200 - Existing Land Use" Mill Landing No 9,900ADT t -50ADT counts Road available (Level of Proposed Land service CoD) Use 3-10 ADT Average Dally Tnps 'as defined by current zoning 3 as defined by one single-family home Public Utilities City sewer and water are not available. The proposed building will require approval from the Virginia Department of Health for on site sewage disposal and water su I s stem. Public Schools Public Safety I Police: I No comments. Fire and Rescue: An all-weather road surface for Fire Department access must be provided. Structure must be within 150 feet of road surface for Fire Department access. Minimum fire lane access road width to be not less than ei hteen feet. I Aariculture: I There are adequate soils for this single-family site. FLOYD E.WATERFIELD Agenda Item # 2 Page 6 Exhibits Exhibit A - 1 Aerial of Site Location FLOYD E. WATERFIELD Agenda Item # 2 Page 7 Exhibit A - 2 Aerial of Site Location FLOYD E. WATERFIELD Agenda Item# 2 Page 8 RESII)cAL PARCEL )YO E. WATERFIELD. JR. & ELIZABETH WATERFIELD ,>8 ,m "". 33 AC.~ ce'"""""", ",.os" "'GR"'" ","'.^' '~"ê:::=::"'.:-- ". . MIl{ --_~:~~I~::~J~~_:" 110~O"~"" .".'~.2 Exhibit B Proposed Subdivision \. '~ .". \ "51D'"'L ',"CE. FLOYD E. WATERFIELD. JR. & ELiZ'BE"H WATERFIELD " "" 53 AC= FLOYD E. WATERFIELD Agenda Item # 2 Page 9 DISCLOSURE STATEMENT APPLICANT DISCLOSURE ~ If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: I 1. List the applicant name followed by the names of all officers, members, trustees, I partners, etc. below: (Attach list if necessary) 2. List all businesses that have a that have a parent.subsidiary' or affiliated business entity' relationship with the applicant: (Attach list if necessary) I i .....--. ø Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other , unincorporated organization, complete the following: I 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a that have a parent-subsidiary' or affiliated business entity' relationship with the appiicant: (Attach list if necessary) @I Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. "&" - next page for footnotes .. s"",..,¡"V""~oApp"""'" "","""2 R.""" OOM003 Exhibit E - 1 Disclosure Statement z 0 ....-.c ~ U ....-.c .....:¡ Ø-4 ~ ~ I z 0 ....-.c CI':) ....-.c E:: ~ ø:a p en FLOYD E. WATERFIELD Agenda Item # 2 Page 10 ~ ........ ~ u : , c:Lc ~ ~ ~ z 0 ........ r:I':} ê: ~ c:Q P r:I':} Exhibit E - 2 Disclosure Statemenl DISCLOSURE STATEME ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not lim~ed to the providers of architectural services, real estate services, financial services, and legal services: (Attach list if necessary) ..-.-.-.. , "Parent-subsidiary relationship" means "a relationship that exists when one corporation direc:tly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownen;hip interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or pen;onnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act. Va. Code § 2.2-3101. --- - CERTIFICATION: I certify that the information contained herein is true and accurate, I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the i~structions in this package, "",.".- ". .")y~ ./~&L"','><"'-"¿;:";c::""'/,,,~Þ ,.,. Applicant'." Sïgnature / '-...:: Property OMler. Signature (if different than applicant) Print Name .""".."" VO'ianœ Ap...,íoo P.,. t2 aI t2 -.0,101'12003 FLOYD E, WATERFIELD Agenda Item # 2 Page 11 Item #2 Floyd E. Waterfield, Jr. Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance 1680 Mill Landing Road District 7 Princess Anne April 14,2004 CONSENT William Din: Our next agenda item is our consent agenda. I've asked Mr. Ron Ripley to handle this part of the agenda. Ron? Ronald Ripley: Thank you Will. As 1 call the itern, will the representative or the applicant please come to the podium, state your name, relationship to the application and we'd like to know if you've read the conditions and agree with the conditions. We have four items to be consent. First item that is on the consent agenda is Item #2. It's an application by Floyd E. Waterfield, Jr. An Appeal to Decisions of the Administrative Officers in regards to certain elements of the Subdivision Ordinance, Subdivision for Floyd E. Waterfield, Jr. Property is located at 1680 Mill Landing Road. It is in the Princess Anne District. Would you state your name? Floyd Waterfield: Floyd E. Waterfield, Jr. Ronald Ripley: Thank you very much. Have you read the conditions and do you agree with them? Floyd Waterfield: Yes, I have. Ronald Ripley: There are two conditions that are in there. Floyd Waterfield: Yes sir. 1 go by both of them. Ronald Ripley: Thank you. Mr. Din, do you have somebody to comment on this item? William Din: Yes. I believe that Don is going to comment on this one for us. Donald Horsley: This is a subdivision variance for Mr. Waterfield. What we have is an existing lot oflittle over 36 acres in AG-1 and AG-2. The reason why this is here is that the high ground to build a home is away from the road so the 175-foot road frontage is in the 100-year flood plain, which cannot be counted. They're asking for a variance so they can access that property. They said the hardship is being created by the physical character and we see this as a legitimate hardship. We didn't have anybody to appear in objection to this. The Commission thought that is worthy of consent agenda status. We wish you well. Ronald Ripley: Thank you very much. Item #2 Floyd E. Waterfield, Jr. Page 2 Floyd Waterfield: Mr. Chairman and gentlemen, I just want to thank you so far. We'll see what happens. Thank you. Ronald Ripley: Thank you very much. You can have a seat. Floyd Waterfield: Thank you very much. Ronald Ripley: Is there any opposition to this item being consented? Mr. Chairman, I would like to make a motion that Item #2 be approved. William Din: Thank you Ron. Do 1 have a second? Thanks. Don Horsley seconded it. Okay. Are we ready for the vote? AYE 9 NAY 0 ABSO ABSENT 2 ANDERSON ABSENT CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD ABSENT Ed Weeden: By a vote of 9-0, the motion carries. William Din: Thank you very much. 8/22/88 ZONING CHANGE (AG-2 Agricultural District to B-2 Withdrawn Community Business District) 2 7/5/00 ZONING CHANGE (R-7.5 Residential District to B-1A Granted Limited Business District) 3 9/13/94 RECONSIDERATION OF PROFFERS Granted 4/27/93 ZONING CHANGE (AG-2 Agricultural District to B-2 Community Business District) CONDITIONAL USE PERMIT (Automobile Service Granted Station/Car Wash) 9/24/91 CONDITIONAL USE PERMIT (Fuel sales) Denied ZONING CHANGE (AG-2 Agricultural District to B-2 Community Business District) 12/19/88 ZONING CHANGE (AG-2 Agricultural District to B-2 Denied Community Business District) 4 6{25/96 MODIFICATION OF CONDITIONS Granted 8/14/89 ZONING CHANGE (AG-2 Agricultural District to B-2 Granted Community Business District) 3/27/89 ZONING CHANGE (AG-2 Agricultural District to B-2 Withdrawn Community Business District) 5 3/22/94 ZONING CHANGE (AG-2 Agricultural District to R-7.5 Granted District) 10/13/92 ZONING CHANGE (R-7.5 Residential District to P-1 Granted Preservation District) 6 11/9/93 RECONSIDERATION OF CONDITIONS Granted 8/18/89 ZONING CHANGE (AG-2 Agricultural District to 1-1 Granted Light I ndustrial District) 7 4/27/93 CONDITIONAL USE PERMIT (Automobile Service/ & Granted Car Wash) 8 9/21/87 CONDITIONAL USE PERMIT (Day Care) Denied Public Aaencv Comments Public Works Master Transportation Plan (MTP): General Booth Boulevard in the vicinity of this ap lication is a four 4 lane arterial roadwa . Culver MALBE>N BROTHERS ~genda Item:# 5 Page 9 Suppjémêntal =mati~ Zonina History 1# I DATE I REQUEST 1 11/28/00 ZONING CHANGE (AG-2 Agricultural District to Conditional B-1A Neighborhood Business District) CONDITIONAL USE PERMIT (Mini-Warehouses) I ACTION Granted Denied MAL BON BROTHERS Agenda Item # 5 Page 8 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Malbon Bros. Petroleum, L.L.C. - Modification of Proffers MEETING DATE: May 11, 2004 . Background: An Ordinance upon Application of Malbon Bros. Petroleum, L.L.C. for Modification of Proffers for an application approved by City Council on July 5, 2000 (Beach Builders, Inc.). Property is located on the north side of Culver Lane, approximately 350 feet east of General Booth Boulevard (GPIN 24153172010000). DISTRICT 7- PRINCESS ANNE . Considerations: The applicant desires to construct a two (2) story, 2,800 square foot office building and nine (9) parking spaces. A Conditional Rezoning from R-7.5 Residential District to B-1A Limited Community Business District was originally approved by the City Council on July 5, 2000 for this purpose. The existing conditional zoning agreement proffered a specific building design and site layout that the applicant now wishes to deviate from. The primary differences between the 2000 proposal and the current proposal are (1) the building is slightly larger with the use of two-stories rather than one-story and (2) the primary access to the parking area is now proposed from the interior of the site through the Malbon Brothers' existing complex rather than directly from Culver Lane as originally approved. The proposed structure has a residential appearance, particularly the rear and the side facing Culver Lane. The design is an improvement over the currently approved building. The building is sited approximately 255 feet from the nearest single-family dwelling. There is a wooded area that will provide a visual screen from the rear façade to the existing dwellings to the east. The Planning Commission placed this item on the consent agenda because they felt it was an acceptable use for this site. Staff recommended approval. There was no opposition to the request. . Recommendations: Malbon Brothers Page 2 of 2 The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request, as proffered. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department*"- City Manager: ~~ k- \ Öß Cv?t. L 11-214-MOD-2003 N BROTHERS PETROLEUM, L.L.C. Agenda Item # 5 April 14, 2004 Public Hearing Staff Planner: Carolyn AK Smith The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQUEST: LOCATION: GPIN: COUNCIL ELECTION Location and General Information Modification of Proffers from the Conditional Change of Zoning from R-7.5 Residential District to B-1A Limited Community Business District granted by the City Council on July 5, 2000. Property located on the north side of Culver Lane, approximately 350 feet east of General Booth Boulevard. 24153172010000 MALBON BROTHERS Agenda Item # 5 Page 1 DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 13,891 square feet EXISTING LAND USE: Vacant parcel East: West: Single-family dwelling / Conditional B-2 Community Business District Culver Lane, single-family dwellings / R-7.5 Residential District, AG-2 Agricultural District Single-family dwellings / R-7.5 Residential District Convenience store, fuel pumps, car wash / Conditional B-2 Community Business District SURROUNDING North: LAND USE AND ZONING: South: NATURAL RESOURCE AND CULTURAL FEATURES: The site is predominately grassed with several trees. There do not appear to be any features of environmental significance on the site. AICUZ: The site is in an AICUZ of 70 to 75dB Ldn surrounding NAS Oceana. Summary of Proposa The applicant desires to construct a two (2) story, 2,800 square foot office building and nine (9) parking spaces. A Conditional Rezoning from R-7.5 Residential District to B-1A Limited Community Business District was originally approved by the City Council on July 5, 2000. The existing conditional zoning agreement proffered a specific building design and site layout that the applicant now wishes to deviate from. In order to do so, a modification to that agreement must be reviewed and approved by the City Council. The proffers approved by City Council in 2000 are as follows: 1. Construction of any structure on the Property shall substantially conform to those shown on that certain rendered building elevation titled Pebworth Office Building dated March 12,2000 as was exhibited to the City Council and is on file at the MALBON BROTHERS Agenda Item # 5 Page~2 Planning Department. 2. The development of the Property shall substantially conform to that certain site plan of January 14, 2000, titled: "Rezoning and preliminary subdivision of Lot 11, Culver Woods - Virginia Beach, Virginia," prepared by John E. Sirine and Associates LTD., Civil Engineering-Land Surveying, which site plan was exhibited to the City Council and is on file at the Planning Department. 3. Further conditions may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 4. Use of this property shall be restricted and limited to: A. Business offices of advertising, real estate or insurance. B. Finance agency offices, banks. C. Medical, optical and dental offices and clinics; legal, engineering, architectural and similar professional offices, accounting, auditing and bookkeeping service offices. Drawings showing the differences between the approved plans and the new proposed plans are provided at the end of this report. The primary differences are (1) the building is slightly larger with the use of two-stories rather than one-story and (2) the primary access to the parking area is now proposed from the interior of the site through the Malbon Brothers' existing complex rather than directly from Culver Lane as originally approved. Major Issues The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. . The provision of superior building design and materials, and appropriate screening, so as to not adversely impact the surrounding properties, particularly MALBON BROTHERS Agenda Item # 5 Page 3 the existing dwellings to the east. . Consistency with the provisions of the Comprehensive Plan, particularly regarding the General Booth Boulevard Corridor, in terms of architecture design, building materials, etc. Comprehensive Plan Within the Comprehensive Plan, this property is discussed under the Courthouse/Sandbridge Issues and Policy Section and in the Site Specific Planning Issues, General Booth Boulevard Corridor Area. The General Booth Boulevard I Map 2 indicates this property is suitable for neighborhood office uses. The proposed modification is consistent with the Plan's recommendations. This property is located within the Corporate Landing Node of the Design Standards for General Booth Boulevard. The landscape design and other design attributes, as well as the land use of Corporate Landing will have an effect on surrounding design. Highest Consideration should be given to proposals that go beyond the Design Standards for General Booth Boulevard. . The Site Design Guidelines require existing natural characteristics of the site be identified and considered during design and building placement. . The Guidelines also recommend that specific attention be given to buffering to protect the adjacent residential neighborhood from objectionable noise from the proposed use. . Site lighting within the Corporate Landing node should be complementary to the style of lighting fixtures to be used at Corporate Landing. Any lighting should reflect this recommendation in the Plan. . Signs within the Corporate Landing Node should be externally illuminated and as described within the design standards. . Colors should be less intense, blending in with the surrounding landscape and not obtrusive. The appropriate design and color of the building should be sufficient; color should be used as an accent. MALBON BROTHERS Agenda Item# 5 Page 4 Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 1 07(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§1 07(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER # 1 PROFFER # 2 PROFFER # 3 When the Property is developed, it will be substantially in accordance with the "Conceptual Site Plan of Office Building on Lot 11 B, Subdivision of Lot 11, Culver Woods for Malbon Brothers Petroleum" dated 1/29/04, prepared by John E. Sirine & Associates, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department (the "Concept Plan"). When the Property is developed, the architectural features of the Office Building depicted on the Concept Plan and the exterior building materials, shall be substantially in accordance with the "PROPOSED ELEVATIONS PEBWORTH OFFICE BULDING" dated 1/30/04, prepared by Porterfield Design Center, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department (the "Elevation"). Use of the Property shall be restricted and limited to: A. Business Offices. MALBON BROTHERS Agenda Item # 5 Page 5 Staff Evaluation of Proffers: These modified proffers wíll replace the existing proffers. Staff is of the opinion that the modifications to the building's design and the layout of the site are marked improvements to the project. The redesign does require review and approval from the Board of Zoning Appeals for both a front yard setback encroachment and a parking variance. City Attorney's Office: The City Attorney's Office has reviewed the proffer agreement dated January 30, 2004, and found it to be legally sufficient and in acceptable legal form. Staff Evaluation Staff recommends approval. Staff's evaluation of this request reveals the proposal, through the submitted materials and proffers, adequately addresses each of the 'Major Issues' identified above. The proposal's strengths in addressing the 'Major Issues' are (1) The proposed structure has a residential appearance, particularly the rear and the side facing Culver Lane. The design is an improvement over the currently approved building. The building is sited approximately 255 feet from the nearest single-family dwelling. There is a wooded area that will provide a visual screen from the rear façade to the existing dwellings to the east. (2) The site is located within the Corporate Landing Node of the General Booth Boulevard Corridor. The Plan recommends that highest consideration be given to proposals that go beyond the Design Standards for General Booth Boulevard. Staff is of the opinion that the proposal does meet the intent of the Comprehensive Plan in terms of layout, buffering, high quality design, and material and color selections. The Guidelines recommend that specific attention be given to buffering to protect the adjacent residential neighborhood from objectionable noise from the proposed use. The existing stormwater facility and wooded area to the east does provide a visual buffer. It is within this buffer that the existing stormwater management pond is located. The area to be used for MALBON BROTHERS Agenda Item # 5 Page 6 the parking lot and the building's footprint is primarily grassed and does not appear to have any significant environmental features. Information has not been provided concerning site lighting; however, all lighting within the Corporate Landing node should be complementary to the style of lighting fixtures to be used at Corporate Landing. It is recommended in the Plan that colors be low intensity or earth tone. Based on the above, Staff recommends approval of this request. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application require revision during detailed site Ian review to meet all a licable Ci Codes. MALBON BROTHERS Agenda Item # 5 Page 7 "',,~-'~'-, ,,~, Supplemental Information Zonina History I ACTION Granted 1# I DATE I REQUEST 1 11/28/00 ZONING CHANGE (AG-2 Agricultural District to Conditional B-1A Neighborhood Business District) CONDITIONAL USE PERMIT (Mini-Warehouses) Denied MALBON BROTHERS Agenda Item # 5 Page 8 8/22/88 ZONING CHANGE (AG-2 Agricultural District to B-2 Withdrawn Community Business District) 2 7/5/00 ZONING CHANGE (R-7.5 Residential District to B-1A Granted Limited Business District) 3 9/13/94 RECONSIDERATION OF PROFFERS Granted 4/27/93 ZONING CHANGE (AG-2 Agricultural District to B-2 Community Business District) CONDITIONAL USE PERMIT (Automobile Service Granted Station/Car Wash) 9/24/91 CONDITIONAL USE PERMIT (Fuel sales) Denied ZONING CHANGE (AG-2 Agricultural District to B-2 Community Business District) 12/19/88 ZONING CHANGE (AG-2 Agricultural District to B-2 Denied Community Business District) 4 6/25/96 MODIFICATION OF CONDITIONS Granted 8/14/89 ZONING CHANGE (AG-2 Agricultural District to B-2 Granted Community Business District) 3/27/89 ZONING CHANGE (AG-2 Agricultural District to B-2 Withdrawn Community Business District) 5 3/22/94 ZONING CHANGE (AG-2 Agricultural District to R-7.5 Granted District) 10/13/92 ZONING CHANGE (R-7.5 Residential District to P-1 Granted Preservation District) 6 11/9/93 RECONSIDERATION OF CONDITIONS Granted 8/18/89 ZONING CHANGE (AG-2 Agricultural District to 1-1 Granted Light Industrial District) 7 4/27/93 CONDITIONAL USE PERMIT (Automobile Service/ & Granted Car Wash) 8 9/21/87 CONDITIONAL USE PERMIT (Day Care) Denied Public Aaencv Comments Public Works Master Transportation Plan (MTP): General Booth Boulevard in the vicinity of this a lication is a four (4 lane arterial roadwa . Culver MALBON BROTHERS Agenda Item # 5 Page 9 Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity General Booth 35,008 27,400 Existing as Boulevard ADTt ADTt Proffered: 24 ADT2 Culver Lane 10,580 13,100 ADTt ADTt Proposed: 31 ADT3 Average Dally Tnps 2 as defined by 'as defined by Public Utilities This site must Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strate ies as the ertain to this site. I Fire and Rescue: I No comments. MALBON BROTHERS Agenda Item # 5 Page 10 Exhibits Exhibit A Aerials of Site Location MALBON BROTHERS Agenda Item# 5 Page 11 MALBON BROTHERS Agenda Item # 5 Page 12 - ..~ .~.~ ,--@ Exhibit B Approved and Proposed Site Plans GpJN 2415-31-5378 MALBON BROTHERS Agenda Item # 5 Page 13 ,-#", /. "."ö ",1." § 5 - ~ Exhibit C Complete Site Plan showing subject site \ \ ~" ~~ ., 'é ~ ., !~ '- :7 '- .. --.........4.... -- MALBON BROTHERS Agenda Item # 5 Page 14 ...;;..;~ 1:'">--' a~..__~.",.~ :~: ~c _:.. ':~:Î7:.. r: .'; -- -~ --- ,-..x..?"" ~. ___~d_- - -~" - ,--, ..~ -~ ------~'-- -- .- ~>~_. ~~~ ~ gJ1-':Dc!:-"'" :':--::!:,. ;";C ~":~~; m - tD < . ... -. 0 :I ;r " a < CD Co -. :I I\) C = = z CD ~ ." .. 0 " 0 rn CD Co m - CD < D) .. Õ' ::s Exhibit D Approved and Proposed Building Elevations ~§= MAL BON BROTHERS Agenda Item # 5 Page 15 f- Z UJ :2 UJ f- -¡:: (/) UJ a:: ::;) (/) 0 ...J (.) (/) õ It HI - ~ ~g. ,. ~nt ","'- m¡ It! ~H ø -,,- iU ~!iì~ Hi :¡¡~~ g "'8 §~;; Xi ~ ~ ~ ,"õ g~;¡; ,~~~ un ~~¡¡~ ¡Hi - g 8." . [~~ Hi' ~g"i HH ~Hl .~h ê;;H ~h'~ HH Š2JjQ u~~¡;. 5Hgt 11111; ~l .,e :]f .,~ Ii I~ NOIrVJI1dcIV SNOlrlaNOJ dO NOlrVJIdIUOW f- Z UJ :2 UJ ~ f- (/) W a:: ::;) tJ) '9 u (/) Õ II i i Æ ~ ~ g ., IUd ~HP ~I '" ¿EEt; ~, Illi î jl ¿ t ~ I ;: a ~.~ ~§ H ËÕ . :;c-¡; * nit it ~~ Exhibit E Disclosure Statement MAL BON BROTHERS Agenda Item # 5 Page 16 Item #5 Malbon Bros. Petroleum, LLC. Modification of Proffers North side of Culver Lane District 7 Princess Anne April 14,2004 CONSENT Ronald Ripley: The item that is on the consent agenda is Item #5, Malbon Bros. Petroleum, L.LC. An Ordinance upon Application of Mal bon Bros. Petroleum, LLC. for modification of Proffers for an application approved by the City Council on July 5, 2000 (Beach Builders, Inc.). Property is located on the north side of Culver Lane, approximately 350 feet east of General Booth Boulevard. It is located in the Princess Anne District. Eddie Bourdon: Thank you Mr. Chairman. Eddie Bourdon, a Virginia Beach attorney representing the applicant and the proffers that are being modified. We agree to the subject changes. Ronald Ripley: Is there any opposition to this item being on the consent agenda? Thank you very much. William Din: I've asked Barry to help us with this one. Barry Knight: Yes. This is a proffered item that came before us a few months ago. Basically, the only changes they're proposing is taking a 1 Y2-story building and make it be a two-story building. We're pleased with the design. Also, they would like to do away with the curb cut. They had provisions to have probably a third curb cut there. They're going to do away with that so we feel that taking the building from a 1 Y2-story to a 2-story is fine . with us. The deletion of an additional curb cut and we're very pleased with that. We feel that this is an acceptable use of the property. William Din: Thank you Barry. Ronald Ripley: Mr. Chairman, I would like to make a motion that Item #5 be approved. William Din: Thank you Ron. Do I have a second? Thanks. Don Horsley seconded it. Are we ready for the vote? AYE 9 NAY 0 ABSO ABSENT 2 ANDERSON CRABTREE DIN HORSLEY KA TSIAS KNIGHT MILLER ABSENT AYE AYE AYE AYE AYE AYE Item #5 Malbon Bros. Petroleum, LLC. Page 2 RIPLEY STRANGE WALLER WOOD AYE AYE AYE ABSENT Ed Weeden: By a vote of 9-0, the motion carries. William Din: Thank you very much. Modifications 01 Conditio", 1# 1 DATE I REQUEST I ACTION 1 11/28/00 ZONING CHANGE (AG-2 Agricu~ural District to Conditional B-1A Granted Neighborhood Business District) CONDITIONAL USE PERMIT (Mini-Warehouses) Denied 8/22188 ZONING CHANGE (AG-2 Agricultural District to B-2 Community Withdrawn Business District) 7/5/00 ZONING CHANGE (R-7.5 Residential District to B-1A Limited Business Granted District) 9/13/94 RECONSIDERATiON OF PROFFERS Granted 4/27/93 ZONING CHANGE (AG-2 Agricu~ural District to B-2 Community Business District) CONDITIONAL USE PERMIT (Automobile Service StationlCar Wash) Granted CONDITIONAL USE PERMIT (Fuel sales) 9/24/91 ZONING CHANGE (AG-2 Agricu~ural District to B-2 Community Business Denied District) ZONING CHANGE (AG-2 Agricultural District to B-2 Community Business 12/19/88 District) Denied 4 6/25/96 MODIFICATION OF CONDITIONS Granted 8/14189 ZONING CHANGE (AG-2 Agricultural District to B-2 Community Business Granted District) 3/27/89 ZONING CHANGE (AG-2 Agticultural District to B-2 Community Business Withdrawn District) 3/22/94 ZONING CHANGE (AG-2 Agricuitural District to R-7.5 District) Granted ZONING CHANGE (R-7.5 Residential District to P-1 Preservation District) 10/13/92 Granted 11/9193 RECONSIDERATION OF CONDITIONS Granted 8118/89 ZONING CHANGE (AG-2 Agricultural District to 1-1 Light Industrial Granted District) 4/27/93 CONDITIONAL USE PERMIT (Automobile Servicel & Car Wash) Granted 9/21/87 CONDITIONAL USE PERMIT (Day Care) Denied FORM NO. P.'. Ie City of Virgir1ia Beach. INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF -5881 DATE: April 16,2004 TO: Leslie L. Lilley William M. Macali ~ DEPT: City Attorney FROM: DEPT: City Attorney RE: Conditional Zoning Application Malbon Bros. Petroleum, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 11,2004. I have reviewed the subject proffer agreement, dated January 30,2004, and have determined it to be legally sufficient and in proper legal fonD. A copy of the agreement is attached. Please feel ftee to call me if you have any questions or wish to discuss this rnatter further. WMM/sat Enclosure PREPARED BY, l1li SYKfS. BOURDON. m AIIrnN & 1M. P.C AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS MALBON BROS. PETROLEUM, L.L.C., a Virginia limited liability company TO CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of January 2004, by and between MALBON BROS. PETROLEUM, L.L.C., a Virginia limited liability company, Property Owner, herein referred to as Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREAS, Grantor is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 13,891 square feet, and described in Exhibit "A" attached hereto and incorporated herein by this reference, which parcel is hereinafter referred to as the "Property"; and WHEREAS, the Property is subject to "Proffered Covenants, Restrictions and Conditions" dated March 15, 2000 accepted by the Grantee and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4264, at Page 1599, as previously corrected by "Proffered Covenants, Restrictions and Conditions", dated August 2, 2002, prepared by Grantee and recorded in the aforesaid Clerk's Office as Instrument # 200208263022192; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to modify, in part, the previously proffered Covenants, Restrictions and Conditions governing development of the Property; and GPIN: 2415-31-7201 PREPARED BY' ;0 SYIŒS. ROURDON. DI AUffiN & 1M. P.C WHEREAS, the Grantor has requested that the Grantee accept this Amendment To Proffered Covenants, Restrictions and Conditions which modifies and restates certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, the following amended and restated conditions and restrictions which shall restrict and govem the physical development, operation and use of the Property, to be incorporated as a part of the previously adopted amendment to the Zoning Map. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its goveming body and without any element of compulsion or Quid m:2 Sl\!Q. for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following amended and modified declaration of conditions, covenants, restrictions as to the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it will be substantially in accordance with the "Conceptual Site Plan of Office Building on Lot lIB, Subdivision of Lot 11, Culver Woods for Malbon Brothers Petroleum" dated 1/29/04, prepared by John E. Sirine & Associates, Ltd., which has been exhibited to the Virginia Beach City Council and is on fIle with the Virginia Beach Planning Department (the "Concept Plan"). 2. When the Property is developed, the architectural features of the Office Building depicted on the Concept Plan and the exterior building materials, shall be substantially in accordance with the "PROPOSED ELEVATIONS PEBWORTH OFFICE BUILDING", dated 1/30/04, prepared by Porterfield Design Center, which 2 elevation has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department (the "E1evationn). 3. Use of the Property shall be restricted and limited to: A. Business offices. 4. Further conditions may be required by the Grantee during detailed Site Plan and/ or Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references to the B-IA Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time or recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the goveming body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: PAEPAAEDBY, (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall .~t ~~.~~ be vested with all necessary authority, on behalf of the goveming body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and 3 PREPARED BY' IIIB SYIŒS. BOURDON. BI A!llliN & liVY. P.c. restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. 4 PREPARED BY' na 5Y¡ŒS. ROURDON. DI AllrnN & nY\'. P.C WITNESS the following signature and seal: GRANTOR: Malbon Bros. Petroleum, L.L.C., a Virginia limited liability company By: /J'V/ / ---- (SEAL) Michael S. Malbon, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 3rd day of February 2004, by Michael S. Malbon, Managing Member of Malbon Bros. Petroleum, L.L.C., a Virginia limited liability company. '1 Á- . // /1 - . . "'""' , . '/ , . A,~ a<: .V. n )U(ffl-M- Notary Public My Commission Expires: August 31,2006 5 PREPARED BY. UIB SYJŒS. BOURDON. _AJJrnN &lM.P.C EXHŒIT "A" "LEGAL DESCRIPTION" ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot lIB, as shown on that certain plat entitled, "SUBDIVISION OF LOT 11, CULVER WOODS (M.B. 256, P. 29-31) Virginia Beach, Virginia", dated December 17, 1998 made by John E. Sirine and Associates, Ltd., which said plat is duly recorded in Map Book 288, at Pages 33 and 34, being more particularly described as follows: BEGINNING at a point at the intersection of the westem right-of-way line of Culver Quay and the northem right-of-way of Culver Lane and running North 74 degrees 58' 21n West a distance of 219.82 feet to a pin; said point being the true POINT OF BEGINNING; thence continuing along said right- of-way North 74 degrees 58' 21" West a distance of 185 feet to a pin; thence tuming and leaving said right of way line and running North 14 degrees 49' 50" East a distance of 79.82 feet to a pin; thence turning and running South 75 degrees 10' IOn East a distance of 154.78 feet to a pin; thence turning and running South 12 degrees 10' 56" East a distance of 58.43 feet to a nail in basin; thence South 07 degrees 26' 19n West a distance of 28.64 feet to a point, said point being the POINT OF BEGINNING. GPIN: 2415-31-7201 MODCONDITIONS /MALBONBROS / PEBWO RTHBLDG /PROFFER 6 Map 0-15 Mop Not '.0 Scole ~ 1 1; ~ ~ 0 '% s","""" CUP fa' Cammun;ty BO<It Dock 1# I DATE 1 11-28-00 I ACTION Granted 07-09-96 05-07-66 2 09-06-88 3 06-16-86 4 04-08-85 I REQUEST Conditional Use Permit (community boat dock- 50 additional) Conditional Use Permit (community boat dock- 25 total) Conditional Use Permit (motet, restaurant, camp, marina, boat facility (7 docks)) Change of Zoning (AG-2 Agricultural District to R- 20 Residential District) Change of Zoning (AG-2 Agricultural District to R- 4 Residential District Conditional Use Permit (recreational boating facility) Granted Granted Granted Granted Granted CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Outdoor Resorts of Virginia Beach Condominium Assoc., Inc. - Modification of a Conditional Use Permit MEETING DATE: May 11, 2004 . Background: An Ordinance upon Application of Outdoor Resorts of Virginia Beach Condominium Assoc., Inc. for a Modification of a Conditional Use Permit for a community pier approved by City Council on November 28, 2000. This request is to allow installation of up to seventy-five (75) boat lifts. Property is located at 3665 Sandpiper Road (GPIN 24326431580000). DISTRICT 7 - PRINCESS ANNE . Considerations: The applicant (the condominium association) desires to install up to 75 boatlifts to correspond with the existing Conditional Use Permit for up to 75 individual piers. The Conditional Use Permit for a community boat dock (the 75 piers) was granted by the City Council on November 28, 2000. That Use Permit actually allowed a total of 75 individual piers to be constructed throughout the property on individual condominium lots. The conditions attached to the Use Permit in 2000 do not specifically allow for the installation of boatlifts; thus, this request for a modification of the Conditional Use Permit was submitted. Staff concludes that conditions placed on the Conditional Use Permit as well as additional review through the Joint Permit Application, which will be required prior to the applicant commencing construction, will ensure limited impact on surrounding properties. This site is extremely dense with a large number of docks. It can be characterized as a high intensity use in an otherwise low intensity region. This situation means that activities on this site can seem magnified and have a significant impact on surrounding properties in terms of compatibility. Staff, therefore, has recommended a condition be attached to the use permit restricting the number of boatlifts to more than half the number of allowed piers. By limiting the number of boatlifts to 40, it is Staff's goal to eliminate potential compatibility issues and reduce the potential overall negative visual impact on adjacent property owners. These boatlifts will be available to the individual lot owners at a first come, first served basis through a procedure already established by the Condominium Association. Each lot owner must obtain permission from the Condominium Association's Board of Directors. The Planning Department is also developing a tracking database to ensure that the Outdoor Resorts Page 2 of 2 Association does not exceed the maximum number permitted. Navigation concerns in this area will be handled during the detailed Joint Permit Application (JPA) process, which involves review by the Planning Department's Waterfront Operations Section, the Army Corps of Engineers, the Virginia Marine Resources Commission. All projects related to waterfront construction activities such as boat docks and lifts are required to submit a JPA. Impacts on environmental features will also be reviewed during the JPA process. Staff recommended approval. There was a letter of opposition to this request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. All conditions attached to the Conditional Use Permit granted by the City Council on November 28, 2000 shall remain in affect. 2. No solid, latticed or other material designed to enclose a boat or any other vessel shall be permitted on the sides and/or on the top (roof) of any boatlift on this property. 3. The number of boatlifts on the property shall be limited to 40. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen+--- City Manage~ 'L 'ðß~ ~~ Æ~\ 015-211-CUP-2003 fa" OR RESORTS OF VIRGINIA BEACH ,: ~;J '~~. ~þ Agenda Item # 6 "-.,.;-~~.:.;;'"' April 14, 2003 Public Hearing Staff Planner: Carolyn AK Smith The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Location and General Information REQUEST: Modification of Conditions placed on a Conditional Use Permit for a community boat dock on November 28, 2000. LOCATION: Property located on 3665 Sandpiper Road ~ J "0 "!~r .'?-({.," GPIN: COUNCIL ELECTION DISTRICT: 24326431580000 7 - PRINCESS ANNE "- '. \¡ ~ W"."",",~".","'D,rl OUTDOOR RESORTS Agenda Item # 6 Page 1 SITE SIZE: EXISTING LAND USE: 65.1 acres Outdoor Resorts is a condominium association with individual units for recreational vehicles. The property is owned by and operated as a condominium association with 249 individual lots for a recreational vehicle resort. The existing boat docks are constructed by individual unit owners on common property. SURROUNDING LAND USE AND North: ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: South: East: West: . Vacant, marshland / AG-1 and AG-2 Agricultural Districts . Restaurant, retail, office, vacant, marshland, pier, Little Island Park, Back Bay Wildlife Refuge / B-4 Resort Commercial District and P-1 Preservation District . Single-family dwellings / R-15, R-10 & R-20 Residential Districts . Shipp's Bay (Back Bay) The cleared site is developed as a campground for recreational vehicles. The property borders Back Bay, which intertwines throughout the property, providing many of the lot owners with direct frontage along the waterfront. There are tidal wetlands on this site that are protected via federal, state and local laws and ordinances. The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Summary of Proposa The applicant (the condominium association) desires to install up to 75 boatlifts to correspond with the existing Conditional Use Permit for up to 75 individual piers. The Conditional Use Permit for a community boat dock (the 75 piers) was granted by the City Council on November 28, 2000. That Use Permit actually allowed a total of 75 individual piers to be constructed throughout the property on individual condominium lots. The Conditional Use Permit has 6 conditions: OUTDOOR RESORTS Agenda Item # 6 Page 2 1. This Conditional Use Permit shall allow construction of up to 50 additional private boat docks, for a total of 75, at the Outdoor Resorts of America Virginia Beach Recreational Vehicle Resort. The approved piers may be constructed at any of the individual lot locations, provided that the individual lot continues to be in compliance with the provisions of the Southem Watersheds Management Plan referenced in Condition #4 below. Construction of any dock in excess of the total approved (number of 75) shall require City Council approval for an additional modification to the Conditional Use Permit. 2. No additional perpendicular docks shall be constructed. Dimensions of the individual, parallel boat docks shall not exceed six (6) feet by sixteen (16) feet. 3. Approval of the Conditional Use Permit shall not be construed as approval for dredging of surrounding waterways. 4. A waterfront construction permit shall be obtained for each dock prior to construction. 5. No fuel pumps are to be installed in conjunction with this Conditional Use Permit. 6. Prior to the issuance of the approved pier permits, the applicant shall develop informational brochures, policies and procedures that promote environmentally responsible use of Back Bay and adjacent areas by lot owners and seasonal renters. These materials shall include an explanation of the ecological characteristics, function and sensitivity of the local environment, and measures such as "no wake zones," and buffer zones around marshlands. They shall be submitted for review and approval by city staff prior to publication and shall be distributed to all new lot owners and all seasonal renters. The conditions attached to the Use Permit in 2000 do not specifically allow for the installation of boatlifts; thus, this request for a modification of the Conditional Use Permit was submitted. The original Conditional Use Permit for the recreational campground development was approved in 1966; the plan approved in conjunction with that Conditional Use Permit provided for seven (7) common-use boat docks at various locations around the perimeter of the campground. The use has now been converted to condominium ownership, for recreational vehicle use only. Although the water area and a small amount of land area is held in common ownership, individual recreational vehicle lots have been sold to separate owners. OUTDOOR RESORTS Agenda Item # 6 Page 3 In May of 1996, because numerous owners had expressed the desire to construct private boat docks adjacent to their sites, the condominium association requested approval of a modification to the original Conditional Use Permit, to add a "community pier" consisting of an individual boat dock at each of the 189' waterfront sites. One existing common-area boat ramp and dock would remain, adjacent to the clubhouse. Although the 1996 request included a pier at each waterfront site, approval was granted for the construction of only 25 piers, to be allocated to individual lots upon owner request, on a first-come, first-served basis. Because the high-density recreational vehicle resort is located within an environmentally sensitive area, in a community consisting primarily of medium-to-Iow density residential development, it was determined that an incremental approach should be used, in order to monitor environmental and land use compatibility impacts. Major Issues The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. . Appearance and compatibility of boatlifts along this densely populated shoreline. Navigation must not be negatively impacted. . Degree that natural resources are negatively impacted. Comprehensive Plan The Comprehensive Plan Map indicates that suburban low-density residential use is recommended in this vicinity. The Natural Resources component of the City's 'The condominium development initially consisted of 250 lots, 189 of which were waterfront sites. Two waterfront sites have since been combined, resulting in 188 waterfront sites and a total of 249. OUTDOOR RESORTS Agenda Item # 6 Page 4 Comprehensive Plan recognizes that water-based recreational opportunities contribute to the City's quality of life and economic health. However, the Plan recommends that provisions be made to lessen environmental impacts to tidal wetlands and other natural resources. Staff Evaluation Staff recommends approval of this request. Staffs evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' identified above. The proposal's strengths in addressing the 'Major Issues' are (1) Staff concludes that conditions placed on the Conditional Use Permit as well as additional review through the Joint Permit Application, which will be required prior to the applicant commencing construction, will ensure limited impact on surrounding properties. Staff, therefore, recommends approval of this request with a caveat that the overall number of boatlifts throughout the property be limited to 40, approximately half the number of docks. This site is extremely dense with a large number of docks. It can be characterized as a high intensity use in an otherwise low intensity region. This situation means that activities on this site can seem magnified and have a significant impact on surrounding properties in terms of compatibility. By limiting the number of boatlifts, it is Staffs goal to eliminate potential compatibility issues and reduce the potential overall negative visual impact on adjacent property owners. These boatlifts will be available to the individual lot owners at a first come, first served basis. Each lot owner must obtain permission from the Condominium Association's Board of Directors, which has developed an internal process for allocating the proposed lift sites. The Planning Department is developing a tracking database to ensure that the Association does not exceed the maximum number permitted. (2) Navigation concerns in this area will be handled during the detailed Joint Permit Application (JPA) process, which involves review by the Planning Department's Waterfront Operations Section, the Army Corps of Engineers, the Virginia Marine Resources Commission. All projects related to waterfront construction activities such as boat docks and lifts are required to submit a JPA. Impacts on environmental features will also be reviewed during the JPA process. Staff, therefore, recommends approval of this request with the conditions below. OUTDOOR RESORTS Agenda Item # 6 Page 5 Conditions 1. All conditions attached to the Conditional Use Permit granted by the City Council on November 28, 2000 shall remain in affect. 2. No solid, latticed or other material designed to enclose a boat or any other vessel shall be permitted on the sides and/or on the top (roof) of any boatlift on this property. 3. The number of boatlifts on the property shall be limited to 40. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. OUTDOOR RESORTS Agenda Item # 6 Page 6 Map 0-15 Mop Noc cO Scole ~ r Šüppïernentallnformation Zoning History '" ~ 'i 0 '% 50""""" CUP fo, Commun;ty Boat Dock I ACTION Granted I # I DATE I REQUEST 1 11-28-00 Conditional Use Permit (community boat dock - 50 additional) 07-09-96 Conditional Use Permit (community boat dock - 25 Granted OUTDOOR RESORTS Agenda Item # 6 Page 7 05-07-66 2 09-06-88 3 06-16-86 4 04-08-85 total) Conditional Use Permit (motet, restaurant, camp, marina, boat facility (7 docks») Change of Zoning (AG-2 Agricultural District to R-20 Residential District) Change of Zoning (AG-2 Agricultural District to R-4 Residential District Conditional Use Permit (recreational boating facility) Granted Granted Granted Granted OUTDOOR RESORTS Agenda Item # 6 Page 8 Exhibits Exhibit A - 1 Aerial of Site Location OUTDOOR RESORTS Agenda Item # 6 Page 9 Exhibit A - 2 Aerial of Site Location OUTDOOR RESORTS Agenda Item # 6 Page 10 'fi 'T, >- ?;' :-&Ë ~ m ~ '? ,'t) ~i .~ ¡-I~ ,~ Exhibit B Location of Existing Piers ,-- OUTDOOR RESORTS Agenda Item # 6 Page 11 'J' ~J !¡\ ::J~(: ~.' ) 7J , ~ ? (1) Exhibit C Location of Existing Boatlifts ~¡ r ',- \J-' ¡-., i \----- (- ;:', () !) () I'" ¡:::::; (] .~ ,j Q '--' '" '-. , ,.----' ,_... J -/;\, OUTDOOR RESORTS Agenda Item # 6 Page 12 .Overhead Beam Lift Exhibit D Typical Boatlift I .. WEIGHT CAPACITY - 4.000 Ibs TO 16,000 Ibs PILING DIAMETER REQUIREMENT - 8" plus PILING HEIGHT - 7' to 8 above deck MOTORS' GFCI protected, totally enclosed 115 v112.1a 23úvJ6a Check SpecrtlcatìOnS sheet fer more det3i;s OUTDOOR RESORTS Agenda Item # 6 Page 13 Exhibit E Disclosure Statement DISCLOSURE STATEMENT ¡ APPLICANT DISCLOSURE If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) ~I'JDI>. LAwsoN - PIG6:1X>enT) 10('.\ TA'iUI'L - ~':;:;c€.,AŒ~,¡;z>¡2AïJ VERA J:h'.[[1V -¿f-'Ó \JJ:tE- ~6Ä'TJ ~h'TT fu/-IGIL- Sea>,£;V"-/1'-j¡ J>œ lAw;a If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED íJ>.Ef'öVIfi<L ORGANIZATION, list all members or partners in the organization below' (Attach list if necessary) 0 Check here if the applicant is NOT a corporation, partnership, firm. or other unincorporated organization. If the applicant is not the current owner of the property, complete the Property Owner Disclosure section below: 0 PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach Ust if necessary) (t\~cù,? 5:ër- If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below' (Attach list if necessary) 0 Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization, j CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, 1 am responsible for obtain'¡ng and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. ~~j ~~ ßv,,;¿,L ;(opl cant's Signatu k"'DA LAuJ$CN -fl<Ð. Print Name Prope~y Owner's Signature (if different thar. applicant) Print Name OUTDOOR RESORTS Agenda Item # 6 Page 14 ~ ........ !< ('..,;) : i ~ C;¿ CI:J Z <=> ........ F : ~ z <=> ('..,;) ~ to Z to ........ !< ('..,;) ........ ~ ........ ~ <=> ::g' Exhibit E - 2 Disclosure Statement r' , \ ""'_"'~ DI~~LO~~ A TEMENTr ADDITIONAL DISCLOSURES List ail .nown contractors or bcslnesses thai ~,ave or wil, p'ov¡de se'-Vices Nth "'speel to th,e requested property use. including bet not limited to 1',e providers of areh,tectJra serJices, reel estate 5en¡.œs financial 5.erJices, and legal services' ;!I.ttach list if m,cE"ssary) ---------- ------- , -"'arent-subsidiary relat.onship' ",eans 'a relationship thai e<i$t$ Vlhe~ one corporation directly 0' Indirectly owns shares possessing more than 50 percent ot tne voting power of another ooromation' See State and Local Govern""e~t Con'llc! of Interes1s Act. Va. Code § 2.2-3101. Z 'Affí,;eted ausiness entity reiatlonship" means "a re:ationshlO, ali,er than parent-subsidiary relators hip, that exists when (i) ore business entty has a controlling owners~ip interest ,n the other business entity, lilì a contDling owner 1 one entity is also a controlling owne' In the other amity or (Ii) there is share" management or control between the business emities. Factors that should be co"sidered in de;ernhio9 the existence of an a;;ilial",d business en:i!y relationship ¡ndude that Ihe sa:"" person or subslantially the same p~rson OW" O' manage the :we entities, there are come;cn or commingled funds or assets the ousroess entnles sr,ar" the use of the same offices or employees or otherwise srare ac1ivlties reSoorces or cersonnel on a regular basis; or ,heres otherwise a close working re~tio'snlp ~e~Neen the entities.' See S,ate a',d Local Governrnen: Conllle: 0: Imerests Act Va Code § 2.2-:¡W1. CERTIFICATION: I œ,1iiy that the information conta:r'ec herein IS Ir"e an:'. accu-ate I understand that upen receopt of notifir.aton (postcard) le.at the applica:ion has been scheduled hr public hearing I am responsible fer oblaning and poslì'-g :he reqclfed sign en the sub¡ec' properly "I least 30 days pll:" to the soheduled public hearing accceding to the instrcc:ions In this pacKage ,d_:./. >--/!'.._~-rí:h.. ./l-,& \ L"'L"'" L...vl~ ~~Æ-ß¡.""" ~1'i"lcc.'P"otN',".----- --- 0+ t.M. 3'4.0', .:T~. P,,;peo', 0"'.(5 sig<atUte;" ,j'i,ér.rìt 'ha: applioé=ït\ ---- P,'otlwTië------------ """""" 0' C""Iw", ^"¡""",, C',e -'of" .""" '0"""" OUTDOOR RESORTS Agenda Item # 6 Page 15 Item #6 Outdoor Resorts of Virginia Beach Condominium Association, Inc. Modification of a Conditional Use Permit 3665 Sandpiper Road District 7 Princess Anne April 14,2004 REGULAR Joseph Strange: The next item is Item #6 Outdoor Resorts of Virginia Beach Condominium Association, Inc., for the Modification of a Conditional Use Permit for a community pier. There are three conditions attached to this. William Din: Sir, welcome. Gary Crooks: Hi. My name is Gary Crooks. I'm the General Manager of Outdoor Resorts of Virginia Beach Condominium Association. I'm here representing the Association. What I'm doing is representing many of our property owners that requested that we put boatlifts on their private property, which is part of our Association where they already have existing docks. I'm really just here to answer any questions that you may have. One thing that seems to be a problem is the high density of our resort and we understand that. That's why were going to go along with the staff's order of 40 lifts, which is really more than two lifts per acre, which is really compatible with the surrounding community of Sandbridge. I can answer any questions. 1 wasn't aware there was any opposition to it. Robert Miller: I don't think there is. William Din: We did have a letter of opposition presented to us on this issue. Did you get a copy of this from Ms. Bart? Gary Crooks: No, I didn't. William Din: If you would like to see that? We also have, I believe a speaker here. Do you have any questions for Mr. Crooks? Eugene Crabtree: This morning we had a couple of questions that I need to know. I was going to ask him. You have twenty something lifts there now. Am I correct? Gary Crooks: That's correct. Eugene Crabtree: If you get 40 that means and I think we figured that means only 19 more lifts. Gary Crooks: That is correct. It's a total of 40. Eugene Crabtree: What happens when you saturate to the point of 40 lifts and others in your community say, "hey man, my neighbor's got a lift two doors down. Why can't I have Item #6 Outdoor Resorts of Virginia Beach Condominium Association, Inc. Page 2 one?" You tell them I'm sorry but we've used up all of our applications? What happens frorn your stand point of view when that occurs? Gary Crooks: We just tell them that the Conditional Use Pennit that we were allowed only that amount. We just let them know but they don't have any alternative. Eugene Crabtree: Are we going to have applications come back to ns for additional lifts in at that point? Gary Crooks: Not from Outdoor Resorts. Now, individual property owners may try to do that but I think that was in the last meeting and it was referred back to us. Eugene Crabtree: Do you think 40 will be sufficient for your facility? Gary Crooks: I think as of right now it will be but I'm not sure about the future. I don't think it really matters. I'm here to say that we won't come back and request anymore boat lifts. I'm speaking for the Association. William Din: Are there any other questions? Donald Horsley: I have one question. How are you going to disburse these? Gary Crook: Well, if we get an additional 14-15, there are not that many people usually requesting those and it's first come, first served. Then there may be possibly some internal opposition. We have an internal policy that the Board of Directors has to go out and take all letters to concerned people and then decide if it's appropriate for that piece of property. William Din: 1 have a couple of questions for you Mr. Crooks. The resort itself operates a community pier. Do you have a boat ramp there? Gary Crooks: We have a boat ramp. William Din: So that allows people who do not have lifts or piers to go into the Bay with a vessel or ajet ski? Gary Crooks: That's correct. William Din: That's correct? Gary Crooks: Correct. William Din: And that's open to anybody who has property in the resort? Gary Crooks: In our resort. Item #6 Outdoor Resorts of Virginia Beach Condominium Association, Inc. Page 3 William Din: How do you intend to disburse these and I understood from our meeting that you do have a process hearing applicants and you're going to control how that's going to be disbursed? Gary Crooks: Actually, it's first come, first served. We have five or six people who have requested them. What they would have to do is they would have to give us a drawing. This is before it comes back to the City for permits. Then our Board of Directors, if I remember would have to go out and speak to the adjacent property owners and get their concerns and then decide if its right for that piece of property. Considering all things including waterways, size of waterways and problems with views such as blocking view. It's just a first come, first served. William Din: Will there be any restriction on size of the boatlift out there? Gary Crooks: Well, that certainly is one thing we want to request probably a low profile lift it's called. It doesn't have overhead beams. That probably would be a view killer. Certainly we would consider size as a factor when they've been approved or disapproved and some big huge lift that would be out of the question. William Din: Do you currently restrict the size of a boat out there? Gary Crooks: No, we don't. The Bay itself does by its depth. The biggest boat I've seen is a 24-foot Pontoon in our resort. William Din: Thank you. Do you have a list of speakers? Joseph Strange: We have a person who wants to speak in support. Chandler Dennis. William Din: Welcome ma'am. Chandler Dennis: Hello. I'm Chandler Dennis. I live at 2212 Sandpiper Road. I'm here not in opposition and not exactly in support but just as a member and as a Vice President of the Sandbridge Civic League. We were concerned that the original conditions would be reviewed and honored as far as the year 2000. We worked closely with the wildlife people at that time to make sure there was consideration to the sensitivity of the Bay and with any increase boat activities there would be increased educational awareness as to how the boats in the no wake zones and the jet-skis would be slow if they were corning in to land. So, we just wanted to ask the Planning Commission to make sure. Condition #6, looks like it was probably done for that purpose. It seems to me it is being addressed by both Outdoor Resorts and the City. I love the campground. I think it's beautiful. It's been done nicely over the last 15-20 years. I've been in Sandbridge forever and it feels a little bit like a country club when 1 go down there to visit. Anyhow, I just wanted to make sure that as the number of boats there increase that their awareness for conscientious way of boating in the bay that concerns us all will also increase. Thank you very much. William Din: Thank you Ms. Dennis. Item #6 Outdoor Resorts of Virginia Beach Condominium Association, Inc. Page 4 Ronald Ripley: Mr. Din? William Din: Yes Ron. Ronald Ripley: Can I ask the applicant another question? William Din: Sure. Mr. Crooks, will you please come forward. Ronald Ripley: We had discussion and I don't want to complicate things. 1 just want to make sure that we're all saying the same thing. Gary Crooks: Okay. Ronald Ripley: We had discussion in an informal meeting about what qualifies a lift. Staff printed out some copies. Here's a web page from one of the makers of lifts which shows pictures of cradle lifts and boat lifts and marine elevators and swing lifts and davit and stands. Can I hand this to you and look at this and make sure that, I guess anyone of those things represent a lift. If someone wants to get a davit put in, does that qnalify in your mind as one of the lifts? I don't want you to be confused on that. Gary Crooks: Well, it would qualify in my mind to be a lift. Ronald Ripley: That's fine. So anyone of those types of situations will be come into you and you'll work through your approval process. Donald Horsley: Mr. Crooks. I'd like to thank you for your organization putting together this and coming together as a group instead of each individual property owner trying to come like we had before. The last meeting we had wasn't very pleasant and we appreciate your getting together and corning. Gary Crooks: Thank you folks. Donald Horsley: Thank you. William Din: Joe, do we have another speaker? Joseph Strange: No, that's it. William Din: Okay. There are no other speakers on this item. Do we have any discussion among the Commissioners? Comments? Don. Donald Horsley: I'll start. I'd like to say once again that 1 appreciate the Association putting together this application to not piece meal this effort to get boatlifts down there. I think with the conditions that Planning has and with the conditions that the Association has 1 think we got double security here that things are going to be handled right. 1 appreciate Ms. Dennis' comments too and I'm sure that the Association is going to take those comments to Item #6 Outdoor Resorts of Virginia Beach Condominium Association, Inc. Page 5 heart and once again, whenever we're ready I support the application when we're ready for a motion. Ronald Ripley: Mr. Din. William Din: Yes, Ron. Ronald Ripley: I think the public is served better doing it this way also where the Association polices themselves and this Commission, City Council and staff doesn't have to deal with every boatlift that comes down the pike, which could be very time consuming, expensive and kind of a waste for everybody. So, 1 think this is an appropriate way to handle it also. William Din: I too appreciate the grouping of all these applications. 1 guess in our infonnal meeting we did have that discussion about what constituted a lift. 1 appreciate the Planning Department coming forward and showing us the different things since I'm not a boater but it helps me put in my mind what kind of size and what constitutes a lift. 1 guess my understanding is anything that removes a boat out of the water would constitute a lift under this 40 number. I think coming forward with 40 and we would evaluate the impact on the Bay as we move forward here so it does not overcomplicate things. Barry. Barry Knight: With that said, I would like to make a motion of agenda Item #6 be approved subject to the conditions herein. William Din: Thank you Barry. Seconded by Mr. Crabtree. Are we ready for the vote? AYE 9 NAY 0 ABSO ABSENT 2 ANDERSON ABSENT CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD ABSENT Ed Weeden: By a vote of9-0, the application of Outdoor Resorts of Virginia Beach Condominium Association, Inc. has been approved. William Din: Thank you. M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS- (a) P1urnbing/Mechanica1 (b) Building Maintenance HEALTH SERVICES ADVISORY BOARD OPEN SPACE ADVISORY COMMITTEE PUBLIC LffiRARY BOARD TOWING ADVISORY BOARD M. UNFINISHED BUSINESS o. NEW BUSINESS P. ADJOURNAMENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L C E S L DATE: 4/27/2004 D C M R C A W PAGE: 1 I J L A N R H N I E E 0 A D D E M U L W AGENDA Z U N N D 0 E I E S 0 ITEM # SUBJECT MOTION VOTE E R E A 0 R V D V 0 0 L E S N X F E T A N D I. BUDGET WORKSHOP All Quality Physical Environment/Quality c.theryn Whitesell, Organization Director, Management Services II/IIJ/lV1 CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VÆI FIG MINUTES - APPROVED 9-0 Y Y Y Y Y Y A A Y Y Y B B INFORMAlJFORMAL SESSIONS 4/13/04 S S T T A A I I N N E E D D Hla MAYOR'S PROCLAMATION "SPECIAL OLYMPICS DAY" Accepted by Robert S. Miller, Chair and Special Olympian Jennifer Jeffers h MAYOR'S PRESENTATION SITE SELECTION MAGAZINE AWARD Accepted by Donald Maxwell, Department of Economic Development Director and Staff III PUBLIC HEARING: ARROWHEAD ELECTION PRECINCT NO SPEAKERS 2 FY-20O4 CAPITAL BUDGET NO SPEAKERS AMENDMENT- Sanitary Sewer Pump Station Modifications 3 CITY-OWNED PROPERTY LEASE - NO SPEAKERS Nimmo Parkway/West Neck Road J/K/l Ordinance to CHANGE Election Precinct ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ftom Arrowhcati Elementary School to CONSENT Carrow Baptist Church 2 Ordinance to LEASE fannland to E. R. ADOPTED, BY ll-O Y Y Y Y Y Y Y Y Y Y Y Cockrell, Jr. at Nimmo CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L DATE: 4/27/2004 C E S L PAGE: D C M R C A w 2 I J L A N R H N I E E 0 A D D E M U L W AGENDA Z U N N D 0 E I E S 0 ITEM # SUBJECT MOTION VOTE E R E A 0 R V D V 0 0 L E S N X F E T A N D 3 Ordinance to AMEND FY -2004 Capital ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y BudgetiAPPROPRlATE$I.3 Mre Pump CONSENT Station Modillcations - Phase IV 4 Ordinance to AUTHORIZE encroachments ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y hy BRUCE r. THOMPSON re existing CONSENT B pierlboat liftlbulkhead/mooring piles/floating S pier/aluminum gangway/ripraplfill at 464 T Southside Road in Lake Wesley. (DISTRICT 1 A -BEACH) I N E D 5 Ordinance to APPROVE School Board's ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y requestto TRANSFER $1,737,857 in FY CONSENT 2003-04 Operating: S 100,000 Custodial Equipment SI6O,ooo Musical Instrument Repair $252,857 Trilogy Locks $180,000 Walkie-talkies $235,000 Fleet Vehicles S300,000 Landscape Services S2oo,000 Copiers $300,000 Academy Building Modifications $1,137,857 Instruction to Operations and Maintainence S6O0,000 Operations and Maintenance 6 Ordinances to ACCEPT ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y graots/APPROPRlATE: CONSENT a S9,180 ftom Noñoll< Fooodatioo, to Library re aceess to oolioe databases b S567,130 from Departmeot of Justice to ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y weapOOS of mass destructi~g (WMD) events CONSENT 7 Resolution re EXECUTION of Hampton Roads ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Metropolitan Medical Response System Mutual CONSENT Aid AgreementlMedical Strike Team MOU re emerge.cy aid/assistance in event of a disaster or emergency. UI BAY BREEZE CONDOMlNIUMS closure of APPROVED/ H-O Y Y Y Y Y Y Y Y Y Y Y portion of Summerville Coort at Carver CONDmONED, Avenue re development of condos. (BEACH - BY CONSENT DISTRICT 6). CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L 4/27/2004 C E S L DATE: D C M R C A W PAGE: 3 I J L A N R H N I E E 0 A D D E M U L W AGENDA Z U N N D 0 E I E S 0 ITEM # SUBJECT MOTION VOTE E R E A 0 R V D V 0 0 L E S N X F E T A N D 2 RONALD CJDONNA G. RIPLEY Voriance APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y to § 4.4(b) that all lots meet CZO at4101 White CONDITIONED, Acres Road. (DISTRICT 4 - BA YSIDE) BY CONSENT 3 VIRGINIA WESLEYAN COLLEGE CUP APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y to construct student dormitory/row-house CONDITIONED, residences at 5817 Wesleyan Drive. BY CONSENT (DISTRICT 2 - KEMPSVILLE) 4 JEFFREY K. FRANCIS, INe. Qlf'...re iff- APPROVEDI 9-2 Y Y Y N Y N Y Y Y Y Y site parking lot for proposed restaurant at 2149 CONDITIONED, Vista Circle (DISTRICT 5 - L YNNHA VEN) AND TO MEET NEEDS OF ADJACENT HOMEOWNERS 5/a OBFP, INe. (Ocean Breeze Fun Park) at 700 MODIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y South Birdneck Road. (DISTRICT 6 - BEACH) MODIFICATION ofÇJJE approved June 23, 1986, re Aqua Sporta, Inc. to remove amusement park from subject site land area b COZfrom A-l2/and R-lO to Conditional IA APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y re industrial office-warehouse PROFFERED M APPOINTMENTS BOARD OF BUILDING CODE APPEALS - RESCHEDULED B Y C 0 N S E N S U S (a)PlumbingfMeehanicaI (b)BuildingMaintenance HEALTH SERVICES ADVISORY BOARD RESCHEDULED B Y C 0 N S E N S U S OPEN SPACE COMMITEE RESCHEDULED B Y C 0 N S E N S U S PUBLIC LIBRARY BOARD RESCHEDULED B Y C 0 N S E N S U S TOWING ADVISORY BOARD RESCHEDULED B Y C 0 N S E N S U S , N/O/P ADJOURNMENT 6:52PM