MAY 10, 2005 MINUTES
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
HARRY E. DJEZEL Kempsville - District 2
ROBERT M. DYER, Centerville - District I
REBA S. McCLANAN. Rose Hall - District 3
RICHARD A. MADDOX. Beach - District 6
JIM REEVE, Princess Anne - District 7
PETER W SCHMIDT, At-Large
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CiTY CLERK - RUTH HODGES SMITH, MMC
10 MAY 2005
I.
CITY COUNCIL COMMENTS
Conference Room
II. REVIEW OF AGENDA ITEMS
CiTY HALL BUILDING
240i COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGiNIA 23456-8005
PHONE: (757) 427-4303
FAX (757) 426-5669
E-MAiL: Ctycncl@vbgov.com
4:00PM
III. INFORMAL SESSION
- Conference Room -
4:30PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
IV. FORMAL SESSION
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
Mr. Jimmy Bennett
Avalon Church of Christ
INVOCATION:
6:00PM
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL AND FORMAL SESSIONS
May 3, 2005
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
I. ORDINANCES/ RESOLUTIONS
1. Ordinances re FY 2005-2006 BIENNIAL RESOURCE MANAGEMENT PLAN and
CAPITAL BUDGET:
a. FY 2006IFY 2011 Capital Improvement Program (CIP) and APPROPRIATE
$233,955,878 for the FY 2006 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$55,200,000 for various public facilities and general improvements
c. AUTHORIZE issuance of Storm Water Utility System Revenue Bonds in the
maximum amount of $2,420,000
d. AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the maximum
amount of$16.997,000
2. Ordinances re FY 2005-2006 Operating Budget:
a. APPROPRIATE for the fiscal year, beginning July 1, 2005 and ending June 30, 2006,
the sum of $1,498,529,258 for Operations and $516,510,423 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 2006 at $1.0239
c. ESTABLISH the tax levy on personal property and machinery and tools for the
calendar year 2006
d. AUTHORIZE the City Manager to submit an Annual Funding Plan to the U. S.
Department of Housing and Urban Development (HUD) re renewal of funding
e. AMEND 9935-64 and 35-67 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 9937-46 and 37-47 ofthe City Code re minimum service availability charges
and water usage rates
g. AMEND 928-26 of the City Code re sanitary sewer service charges
h. AMEND 932.5-2 of the City Code re equivalent residential unit (ERU) fee
1. AMEND 921-205 of the City Code re fees for special permits for oversize and
overweight vehicles
J. AMEND 933-71 of the City Code re permit fees for work on, over, under or affecting
streets and sidewalks
k. ADD 98-31 and AMEND 998-31,8-31.1, 8-32, 8-33, and 8-34 ofthe City Code re fees
for permits, administrative fees for buildings, fences, walls, plumbing, mechanical,
life safety, elevator, gas, electrical and establishing a fee for DFU pre-inspection
1. AMEND 92-83 of the City Code re designation of Holidays adding the day after
Thanksgiving
3. Ordinance to AMEND City Code 99 36-57, 36-58 and 36-61 re Charter Bus parking and
stopping in the Resort Area.
4. Ordinances re Surreys in the Resort Area:
a. ADD 97-71 to the City Code re regulating the rental and use of Surreys
b. City Policy re "Rental of Surreys in the Resort Area"
5. Ordinance to AUTHORIZE $120,000 from the CIP Budget (Pavilion Theatre Replacement)
re a like grant to the Virginia Beach Performing Arts Center Foundation
6. Ordinance to AUTHORIZE acquisition of property in fee simple for right-of-way and
easements, by agreement or condemnation, re Shore Drive intersections at Treasure Island
Drive, Marlin Bay Drive and Shady Oaks Drive
7. Resolutions re Joint Land Use (JLUS)
a. EXTEND Interim Guidelines governing applications re development in Air Installation
Compatible Use Zones (AICUZ)
b. ACCEPT the final Hampton Roads Joint Land Use Study (JLUS) and DIRECT the
City Manager to provide Ordinances to implement their recommendations
8. Resolution to DIRECT the City Manager perform a Pubic Safety Compensation Review
J. PLANNING
1. Application of PLEASANT GROVE BAPTIST CHURCH for MODIFICATION of
Conditions to allow a Child Care Center within the existing church re a Conditional Use
Permit, (approved by City Council January 22, 1990) at 2153 Kempsville Road. (DISTRICT
1 - CENTERVILLE)
RECOMMENDATION:
APPROVAL
2. Application of COASTAL COMMUNITY CHURCH for MODIFICATION of
Conditions to add an awning re a Conditional Use Permit, (approved by City Council
October 28, 1997 at 2800 South Independence Boulevard. (DISTRICT 1 - CENTER VILLE)
RECOMMENDATION:
APPROVAL
3. Application of APC REALTY & EQUIPMENT CO. LLC, SPRINTCOM, INC., and
SPRINT PCS for a Conditional Use Permit re a communications tower within a Dominion
Virginia Power transmission structure at 5697 Magnolia Run Circle. (DISTRICT 1 -
CENTERVILLE)
RECOMMENDATION:
APPROVAL
4. Application of CSM, L.L.C. for a Chanf!e of Zoninf! District Classification from A-18
Apartment District to R-5S Residential Single Family District at Rosemont Road and
Bancroft Drive. (DISTRICT 3 - ROSE HALL)
DEFERRED
STAFF RECOMMENDATION:
PLANNING COMMISSION RECOMMENDATION
April 26, 2005
APPROVAL
DENIAL
5. Application of SANDLER AT ASHVILLE PARK, LLC for a Change of Zoning District
Classification from Conditional R-3 Residential and P-l Preservation District with a PDH-2
Overlay at Princess Anne Road, Flanagan's Lane and Sandbridge Road (DISTRICT 7 -
PRINCESS ANNE)
RECOMMENDATION:
APPROVAL
6. Applications of CITY OF VIRGINIA BEACH:
a. Change of Zoning District Classification from B-3 Central Business to B-3A Pembroke
Central Business Core Districts at Commerce and Market Streets. (DISTRICT 5 -
L YNNHA VEN)
RECOMMENDATION:
APPROVAL
b. COMMUNICATIONS & INFORMATION TECHNOLOGY (COMIT) for a
Conditional Use Permit re a communications tower at 2508 Princess Anne Road.
(DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
APPROVAL
K. APPOINTMENTS
FRANCIS LAND HOUSE BOARD OF GOVERNORS
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE
PERFORMING ARTS THEATRE ADVISORY COMMITTEE
TOWING ADVISORY BOARD
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: Virginia Relay Center at
1-800-828-1120
* * * * * * * * * * *
Agenda 5/10105st
www.vbgov.com
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
10 May 2005
Mayor Meyera E. Oberndorf called to order the City Council Session re CITY COUNCIL COMMENTS
in the Council Conference Room, City Hall, on Tuesday, May 10, 2005, at 4:00 P.M,
Council Members Present:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W. Schmidt, Ron A, Villanueva and James L. Wood
Council Members Absent:
Richard A. Maddox
[Entered: 5:20 P.M., wife in hospital]
Rosemary Wilson
[Entered: 4:35 P.M., with Mother in
hospital]
- 2-
CITY COUNCIL COMMENTS
ITEM # 53829
12:30 P.M.
ITEM # 53904
Mayor Oberndorfreferenced e-mail from Robert O'Connor, President - Citizens Action Coalition, which
is a detailed questionnaire addressed to Mayor Oberndorf and Members of City Council requesting deferral
of the Bus Rapid Transit (BRT) decision. Mayor Oberndorf requested the City Manager respond to the
questions relative costs.
ITEM # 53905
The City Clerk distributed a sheet re the Virginia Municipal League Policy Committees and requested the
City Council Members indicate their choice.
ITEM # 53906
Mayor Oberndorf referenced correspondence of David C. Sullivan, Chief Information Officer, tendering his
resignation effective June 30, 2005. Mr. Sullivan will accept a similar position at Hampton Roads Transit
(HRT). Mr. Sullivan commenced his employment in May 1973, at the age of eighteen. Mr. Sullivan's
correspondence of May 8, 2005, is hereby made a part of the record. Mr. Sullivan wishes to take accrued
leave during the month of June so Friday, June 3, 2005, will be his last official day in the office.
The Mayor stated David is a respected and revered young man, a native of Virginia Beach. For thirty-two
(32) years he has been an outstanding employee of the City.
ITEM # 53907
Council Members Dyer and Villanueva will be conducting another Town Hall Meetingfor the Centerville
District. Pizzas and sodas will be served:
June 13, 2005
6:30 P.M., Monday
Tallwood High School
ITEM # 53907a
Mayor Oberndorf referenced the Historic Adam Keeling home, one of the original Colonial homes, at Great
Neck Point, had a wonderful "open house". The Princess Anne Historical home housed a "silent auction"
which the Mayor attended. The residents participating in the tour and "silent auction" came up to say
"thank you" to the Mayor and City Council in recognition of the real estate rate reduction to $1. 0239.
May 10,2005
- 3 -
AGENDA RE VIE W SESSION
4:10 P.M.
ITEM # 53908
ORDINANCES/RESOLUTIONS
II. Ordinances re FY 2005-2006 BIENNIAL RESOURCE
MANAGEMENT PLAN and CAPITAL BUDGET:
a. FY 2006/FY 2011 Capital Improvement Program
(CIP) and APPROPRIATE $233,955,878 for the
FY 2006 Capital Budget, subject to funds being
provided from various sources set forth therein
b. A UTHORIZE the issuance of General Obligation
Public Improvement Bonds in the maximum
amount of $55,200,000 for various public facilities
and general improvements
c, AUTHORIZE issuance of Storm Water Utility
System Revenue Bonds in the maximum amount of
$2,420,000
d. A UTHORIZE issuance of Water and Sewer System
Revenue Bonds in the maximum amount of
$16.997,000
I2. Ordinances re FY 2005-2006 Operating Budget:
a. APPROPRIATEfor thejiscal year, beginning July
1, 2005 and ending June 30, 2006, the sum of
$1, 498,529,258for Operations and $516,510,423 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
2006 at $1.0239
c. ESTABLISH the tax levy on personal property and
machinery and tools for the calendar year 2006
d. AUTHORIZE the City Manager to submit an
Annual Funding Plan to the U S. Department of
Housing and Urban Development (HUD) re
renewal of funding
e AMEND 9935-64 and 35-67 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
May 10, 2005
-4-
AGENDA RE VIE W SESSION
ITEM # 53908 (Continued)
f AMEND SS37-46 and 37-47 of the City Code re
minimum service availability charges and water
usage rates
g. AMEND S28-26 of the City Code re sanitary sewer
service charges
h. AMEND S32.5-2 of the City Code re equivalent
residential unit (ERU) fee
i, AMEND S21-205 of the City Code re fees for
special permits for oversize and overweight vehicles
j. AMEND S33-71 of the City Code re permit fees for
work on, over, under or affecting streets and
sidewalks
k. ADD 98-31 and AMEND 998-31,8-31.1, 8-32,8-
33, and 8-34 of the City Code re fees for permits,
administrative fees for buildings, fences, walls,
plumbing, mechanical, life safety, elevator, gas,
electrical and establishing a fee for DFU pre-
inspection
I, AMEND S2-83 of the City Code re designation of
Holidays adding the day after Thanksgiving
Catheryn Whitesell, Director of Management Services, distributed a REVISED Attachment B - Financing
Sources reFY20061FY2011 CapitalImprovementProgram (CIP) andAPPROPRIATE $233,955,878for
the FY 2006 Capital Budget, subject to funds being provided from various sources set forth therein. This
revision is necessary to correct amounts between two (2) funding sources shown in Attachment B of the FY
2005-06 Capital Improvement Program ordinance. There is no change in the total overall Capital Program
agreed to by City Council during the Reconciliation Workshop. This error resulted from understating the
use of Fund Balance-General Fund by $586,500, and overstating the use of General Appropriations by
the same amount. The correct Fund Balance-General Fund amount is the same as that originally shown
in the Proposed Capital Improvement Program (CIP).
Mayor Oberndorf referenced correspondence from Sharon L. Fraim, Chair - Arts and Humanities
Commission, who wished to be assured there is extrafundingfor the Arts groups who have been displaced
for a few years. Mrs. Whitesell advised the Arts and Humanities grant was "bumped" $50,000 for each of
the two (2) years in the Biennium to provide some cushion for those Arts groups re locating new facilities.
The original request was $100,000 and in balancing the budget, this request was lowered. However $50,000
was provided for each of the two years. The completed facility will not be open until 2008. The Commission
also receives $1.00 per capita, which is their normal grant amount.
Ordinances re FY 2005-2006 BIENNIAL RESOURCE MANAGEMENT PLAN and CAPITAL BUDGET
shall be discussed during the Formal Session.
May 10, 2005
- 5 -
AGENDA RE VIE W SESSION
ITEM # 53909
1.4. Ordinances re Surreys in the Resort Area:
a. ADD 37-71 to the City Code re regulating the rental
and use of Surreys
b, City Policy re "Rental of Surreys in the Resort Area"
Council Lady McClanan expressed concern re limiting the number of surreys, which appears not to be
addressed in the Ordinances, James Ricketts, Director - Convention and Visitors Bureau, advised there are
seven (7) rental agencies located on the western side of Atlantic Avenue. If the owner terminates his business,
or the business is sold, the rental of surreys is not transferrable, Therefore, there will be attrition on the west
side of Atlantic Avenue. From 1998 to 2001, the total number of agencies renting surreys grew from one (1)
to eighteen (18), while the number of surreys grew from ten (10) to approximately one hundred one (101),
By the Summer of 2004, an estimated 171 surreys were being rented at 27 different locations, and by April
2005, the number increased to 185 surreys, The ordinance would cap the number allowed at this level, a
maximum of 7 per vendor. The regulations are posted on the surreys, The surreys can only be ridden on the
connector and bike paths, The City Manager advised if the Ordinance is not adopted, there will not be a
"cap" on the number of surreys,
As per the request of Councilman Wood, the City Attorney provided the Code section related to irresponsible
bicycle riding.
Councilman Villanueva inquired whether the permittingfees for surreys would be placed in a special fund
for public safety.
Rob Fries, Resort Management Office, advised the current Tourism Growth and Investment Fund (TGIF)
ordinance states that all franchise fees at the Oceanfront are deposited in this fund. The rental operators
are required to obtain a Business License. The Business License does not regulate the operation of the
surreys or provide any guidance on their operation. A permit shall be required for each surrey that is offered
as a rental or operated on the resort area bike path or connecting Oceanfront plazas, The fee for each permit
shall be ten dollars ($10.00), which assists with administration and enforcement. The City Manager advised
$10 does not begin to cover the administrative costs. This item will be discussed during the Formal Session.
ITEM # 53910
1. 7. Resolutions re Joint Land Use (JLUS)
a, EXTEND Interim Guidelines governing
applications re development in Air Installation
Compatible Use Zones (AICUZ)
b, A CCEPT thefinal Hampton Roads JointLand Use
Study (JLUS) and DIRECT the City Manager to
provide Ordinances to implement their
recommendations
Mayor Oberndorf advised she spoke with Captain Thomas Keeley, USN, Commanding Officer - NAS Oceana
approximately two hours ago. Captain Keeley is in Washington, D. C. with a number of other Base
Commanders preparing the BRAC announcement. Captain Keeley believes the adoption of the JLUS is
positive; however, there should be continuing partnership between the City and Navy relative rezonings,
changes in density, et cetera.
May 10, 2005
- 6-
AGENDA RE VIE W SESSION
ITEM # 53910 (Continued)
The City Manager advised the Regional effort will continue with ongoing meetings concerning issues not
only involving the Navy, but all the Armed Forces.
Robert Scott, Director of Planning, advised the majority of the applications DEFERRED will be covered
by theAICUZ Overlay provisions. These provisions are scheduledfor the July Planning Commission agenda.
In addition, there are Oceanfront considerations, which will be scheduledfor consideration approximately
October.
Mayor Oberndorf advised there will be a more formal opportunity for the Navy to advise and lobby at the
City Council Session re applications which would not be in the best interest of that "major industry ", the
Navy.
Councilman Reeve advised, with the adoption of the Joint Land Use Plan (JLUS) and the AICUZ Overlay
District, major changes will have been made in the current Comprehensive Plan, most notably in the
Transition Area (the potential density will be reduced by 80%), The Comprehensive Plan will be more in
line with the OPNA V Instructions
The City Attorney believes the JL US proposal, accepted by the City Council during the City Council Session
of May 3, 2005, is a great step forward to address the Ocean a concerns. The AICUZ Overlay Districts
directly respond to the OPNA V Instructions and, while not agreeing in every sense, great steps are being
made.
Mayor Oberndorf advised Captain Keeley extended his appreciation to the City Manager and Chief of Police
for the expedient police response to an extraordinary problem at Oceana recently.
ITEM # 53911
BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA:
I3, Ordinance to AMEND City Code SS 36-57,36-58 and 36-
61 re Charter Bus parking and stopping in the Resort
Area.
[5. Ordinance to AUTHORIZE $120,000 from the CIP
Budget (Pavilion Theatre Replacement) re a like grant to
the Virginia Beach Performing Arts Center Foundation
I6. Ordinance to A UTHORIZE acquisition of property in fee
simple for right-of way and easements, by agreement or
condemnation, re Shore Drive intersections at Treasure
Island Drive, Marlin Bay Drive and Shady Oaks Drive
I8, Resolution to DIRECT the City Manager perform a Pubic
Safety Compensation Review
Council Lady McClanan will vote NAY on Item I5.
May 10, 2005
- 7-
AGENDA RE VIE W SESSION
ITEM # 53912
J.2. Application of COASTAL COMMUNITY CHURCH for
MODIFICATION of Conditions to add an awning re a
Conditional Use Permit, (approved by City Council
October 28, 1997 at 2800 South Independence Boulevard.
(DISTRICT 1- CENTERVILLE)
Council Lady McClanan expressed concern re placing a sign on the awning. Deputy City Attorney Macali
advised a sign cannot automatically be placed on the awning. Stephen White, Planning, also advised the
awning will only be utilized as an "awning ", not a sign, Councilman Dyer advised a truck bearing the
church sign and two (2) other temporary signs exist, which are left over from another religious organization.
ITEM # 53913
J.4, Application of CSM, L.L.C. for a Chanf!e ofZoninJ?
District Classification from A-18 Apartment District to R-
5S Residential Single Family District at Rosemont Road
and Bancroft Drive. (DISTRICT 3 - ROSE HALL)
Attorney Edward Bourdon shall present information relative this application during the Formal City
Council Session.
ITEM # 53914
J.5, Application of SANDLER AT ASHVILLE PARK, LLC
for a Chanf!e of Zoninf! District Classification from
Conditional R-3 Residential and P-1 Preservation District
with a PDH-2 Overlay at Princess Anne Road, Flanagan's
Lane and Sandbridge Road (DISTRICT 7 - PRINCESS
ANNE)
Councilman Reeve advised the Sandler's have worked with the residents of Flanagan 's Lane to adjust berms
and move the road as far south as possible.
The applicant proposes to rezone the existing Conditional R-30 Residential and P-1 Preservation District
with a PD-H2 Planned Unit Development District in order to make several adjustments to the previously
approved land use planfor the proposed development (approved by City Council February 24,2004). The
City staff considers the modifications to the original plan to be minimal.
Council Lady McClanan expressed concern. She had previously supported Ashville Park as the residents
of Flanagan 's Lane had supported this application on February 24, 2004, Council Lady McClanan does not
concur with zonings previously approved being modified.
Mayor Oberndorf referenced correspondence from Steven R. Berman and Jack Keenan, residents of
Flanagans Lane, dated April 4, 2005. Said correspondence reflecting improvements desired is hereby made
a part of the record. Mayor Oberndorfvoted "Nay" on the original application on February 24, 2004.
May 10, 2005
-8-
AGENDA RE VIE W SESSION
ITEM # 53915
J,6. Application of CITY OF VIRGINIA BEACH:
b. COMMUNICATIONS & INFORMATION
TECHNOLOGY (COMIT) for a Conditional Use
Permit re a communications tower at 2508
Princess Anne Road. (DISTRICT 7 - PRINCESS
ANNE)
Douglas Onhaizer, Communications and Information Technology, advised meeting with citizens of
Courthouse Estates and Landscape Services re additional 8-10 foot Leyland Cyprus trees being installed
for screening. These will be incorporated within the landscape plan,
ITEM # 53916
BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA:
PLANNING
J,1. Application of PLEASANT GROVE BAPTIST CHURCH
for MODIFICA TION of Conditions to allow a Child Care
Center within the existing church re a Conditional Use
Permit, (approved by City Council January 22, 1990) at
2153 Kempsville Road. (DISTRICT 1 - CENTERVILLE)
J,2. Application of COASTAL COMMUNITY CHURCH for
MODIFICATION of Conditions to add an awning re a
Conditional Use Permit, (approved by City Council
October 28, 1997 at 2800 South Independence Boulevard.
(DISTRICT 1- CENTERVILLE)
J,3. ApplicationofAPCREALTY & EQUIPMENT CO. LLC,
SPRINTCOM, INC., and SPRINT PCS for a Conditional
Use Permit re a communications tower within a
Dominion Virginia Power transmission structure at 5697
Magnolia Run Circle, (DISTRICT 1- CENTERVILLE)
J, 6. Applications of CITY OF VIRGINIA BEA CH:
a. Change of Zoning District Classification from B-3
Central Business to B-3A Pembroke Central
Business Core Districts at Commerce and Market
Streets, (DISTRICT 5 - LYNNHA VEN)
b, COMMUNICA TIONS & INFORMA TION
TECHNOLOGY (COMIT) for a Conditional Use
Permit re a communications tower at 2508
Princess Anne Road. (DISTRICT 7 - PRINCESS
ANNE)
Council Lady McClanan will vote a VERBAL NAY on Item J,3.
May 10, 2005
-9-
ITEM # 53917
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MA TTERS: Discussion, consideration or interviews of prospective
candidates for employment, assignment, appointment, promotion, performance,
demotion, salaries, disciplining or resignation of specific public officers, appointees
or employees pursuant to Section 2.2-3711 (A) (1).
To Wit: Appointments: Boards and Commissions:
Francis Land House Board of Governors
Health Services Advisory Board
Investment Partnership Advisory Committee - PPEA
Minority Business Council
Parks and Recreation Commission
Towing Advisory Board
PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition,
acquisition, or use of real property for public purpose, or of the disposition of
publicly-held property, or of plans for the future of an institution which could affect
the value of property owned or desirable for ownership by such institution pursuant
to Section 2.2-3711(A)(3).
Acquisition/Disposition of Property:
Lynnhaven District
Upon' motion by Councilman Wood, seconded by Vice Mayor Jones, City Council voted to proceed
into CLOSED SESSION (5:15 P.M.).
Voting: 10-0
Council Members Voting Aye:
Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox
Councilman Maddox entered 5:20 P.M.
(Closed Session: 5:15 P.M.. - 5:30 P.M.)
(Dinner: 5:30 P.M. - 6:00 P.M.)
May 10, 2005
- 10-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
May 10, 2005
6:00 P.M.
Mayo'r Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 10, 2005, at 6:00 P.M
Council Members Present:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf,
Jim Reeve, Peter W. Schmidt, Ron A, Villanueva, Rosemary Wilson
and James 1. Wood
Council Members Absent:
None
INVOCATION: Mr. Jimmy Bennett
Avalon Church of Christ
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman
and Company and is directly and indirectly involved in many of Goodman and Company's transactions.
However, due to the size of Goodman and Company and the volume of transactions it handles in any given
year, Goodman and Company has an interest in numerous matters in which her husband is not personally
involved and of which she does not have personal knowledge. In order to ensure her compliance with both
the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to
thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters
in which she might have an actual or potential conflict, If, during her review she identifies any matters, she
will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council.
Council Lady Wilson regularly makes this disclosure, Council Lady Wilson's letter of January 27,2004, is
hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker
Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not
personally involved and of which she does not have personal knowledge, In order to ensure her compliance
with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her
practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any
matters in which she might have an actual or potential conflict. If, during her review she identifies any
matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of
City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January
27, 2004, is hereby made a part of the record.
May 10, 2005
- 11 -
Item V-E.
CERTIFICATION OF
CLOSED SESSION
ITEM# 53918
Upon motion by Councilman Dyer, seconded by Councilman Reeve, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council,
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones,
Reba S. McClanan, Richard A. Maddox, Mayor Meyera E.
Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 2005
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 53917, page 9, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3711(A) of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
May 10, 2005
- 12-
Item V-F.1.
MINUTES
ITEM #53919
Upon motion by Councilman Dyer, seconded by Councilman Reeve, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSION of May 3, 2005.
Voting: 11-0
Council Members Voting Aye:
Harry E, Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 2005
-13 -
Item V-G.
ADOPT A GENDA
FOR FORMAL SESSION
ITEM #53920
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
May 10, 2005
- 14-
Item V-J.
ORDINANCES/RESOLUTIONS
ITEM # 53921
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED IN ONE
MOTION Items 3, 5, 6 and 8 of the CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
Council Lady McClanan voted a VERBAL NAY on Item l5. (Virginia Beach Performing Arts Center
Foundation)
May 10, 2005
-15 -
Item V-I.} a./b/c/d
ORDINANCES
ITEM # 53922
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council, ADOPTED, AS
AMENDED, in one motion Items 1 a/b/eld of the Ordinances re FY 2005-2006 BIENNIAL RESOURCE
MANAGEMENT PLAN and CAPITAL BUDGET.
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R, Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
Councilman Villanueva voted NA Y re the Convention Center portion of the Capital Improvement
Program.
May 10, 2005
-16 -
Item V-Lla.
ORDINANCES
ITEM # 53923
The following registered to speak:
John Moss, Chair - Virginia Beach Taxpayers Alliance, 4109 Richardson Road, Phone: 363-7745, expressed
appreciation of the achievement of reducing the tax levy on real estate for FY 2006 to $1,0239.
Mr. Moss requested the School Funding Formula be set aside, Mr. Moss requested the BRT (Bus Rapid
Transit) not be included and residents and core services should be first in consideration of the Operating
Budget
Daniel Baxter - President of the Council of Civic Organizations, 2001 Drumheller Court, Phone: 495-7224,
expressed appreciation re reduction of the tax levy on real estate for FY 2006 to $1.0239. Mr. Baxter
requested City Council keep the citizens advised of a possible change in formula of the BRT
Ken Jobe, 304 Croatan, Phone: 428-0328, President - Croatan Civic League and Second Vice President
of the Council of Civic Organizations, expressed appreciation re reduction of the tax levy on real estate
for FY 2006 to $1.0239. Thefirst phase of the BRTwas endorsed by the Council of Civic Organizations.
Mr. Jobe suggested the BRT be utilized also to Pembroke and from the central areas such as Kempsville,
Shore Drive and the Oceanfront.
Barbara Yates, 318 24th Street, Phone: 428-8052, Vice President - Resort Beach Civic League, spoke in
support of the BRT (Bus Rapid Transit). Mrs. Yates advised Maryanne Nixon was also in attendance
to support the BRT
Brian Kirwin, 304 Cripple Creek Court, Phone: 463-0399, referenced the news article concerning
each City in Hampton Roads being requested to contribute 20% to 39% offunds to Hampton Roads
Transit (HRT) which equates to an extra $400,000 from Virginia Beach
Attorney Don Clark, represented Hampton Roads Transit (HRT), resident since 1968. Attorney Clark
reviewed the history of public transportation in Hampton Roads,
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED, AS
AMENDED*:
Ordinance re FY2005-2006BIENNIALRESOURCE MANAGEMENT
PLAN and CAPITALBUDGET:
FY 2006/FY 2011 Capital Improvement Program (CIP) and
APPROPRIATE $233,955,878 for the FY 2006 Capital Budget,
subject to funds being provided from various sources set forth therein
* REVISED Attachment B - Financing Sources. This revision is necessary to correct amounts between two
(2) funding sources shown in Attachment B of the FY 2005-06 Capital Improvement Program ordinance,
There is no change in the total overall Capital Program agreed to by City Council during the Reconciliation
WorkShop. This error resultedfrom understating the use of Fund Balance-General Fund by $586,500, and
overstating the use of General Appropriations by the same amount. The correct Fund Balance-General
Fund amount is the same as that originally shown in the Proposed Capital Improvement Program (CIP).
May 10, 2005
- 17-
Item V-Lla.
ORDINANCES ITEM # 53923 (Continued)
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
Councilman Villanueva voted NA Y re the Convention Center portion of the Capital Improvement Program.
May 10, 2005
AN ORDINANCE TO ADOPT THE FY 2006/FY 2011 CAPITAL
IMPROVEMENT PROGRAM AND TO APPROPRIATE
$233,955,878 FOR THE FY 2006 CAPIT AL BUDGET
SUBJECT TO FUNDS BEING PROVIDED FROM VARIOUS
SOURCES SET FORTH HEREIN
WHEREAS, the City Manager, on March 29, 2005, presented to City Council the Capital
Improvement Program for fiscal years 2006 through 2011;
WHEREAS, City Council held public hearings on the program to provide for public comment;
WHEREAS, based on public comment, City Council has determined the need for certain projects in
the Capital Improvement Program; and
WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in
the 2006 fiscal year, as set forth in said Capital Improvement Program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Section 1. That the Capital Improvement Program, as modified, for the construction of, or addition to,
capital facilities identified for fiscal years 2006 through 2011 is hereby adopted, and the projects listed
therein are hereby approved as capital projects.
Section 2. That the projects shall be financed from funds to be appropriated periodically by City
Council, and until funds are so provided, the projects are for planning purposes only and may be deleted,
altered, or rescheduled in any manner at any time by City Council.
Section 3. That funds in the amounts aggregating $233,955,878 for capital projects in the Capital
Budget for the 2006 fiscal year, as set forth in said Capital Improvement Program, are hereby appropriated,
by project and subject to the conditions set forth herein. The amount of funding for individual projects is set
forth in "Attachment A - Capital Budget Appropriations," a copy of which is attached hereto.
Section 4. That in accordance with Section 2-196 of the City Code, financing sources in support of
the Capital Budget for the 2006 fiscal year as set forth in said Capital Improvement Program are attached to
this ordinance as "Attachment B - Financing Sources."
Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in
accordance with said Capital Improvement Program and reallocated as identified in "Attachment C -
Transfers," a copy of which is attached hereto.
Section 6. That additional appropriations and the addition of capital projects shall not be initiated
except with the consent and approval of the City Council first being obtained, and an appropriation for a
project in the Capital Improvement Program shall continue in force until the purpose for which it was made
has been accomplished or abandoned.
Section 7. That all contracts awarded for approved and appropriated capital projects, exclusive of
school projects, must be certified as to the availability of funds by the Director of Finance prior to the
initiation of work on the contract.
Section 8, That subject to any applicable restriction of law or of any bonds or bond issue, the City
Manager or the Director of Management Services is authorized to approve transfers of appropriations in an
amount up to $100,000 between capital projects as may best meet the needs of the City, The City Manager
shall make a monthly report to the City Council of all transfers between $25,000 and $100,000, The City
Manager or the Director of Management Services is hereby authorized to establish and administer the
budgeting of capital projects consistent with best management practices, reporting requirements and the
Capital Improvement Program adopted by the City Council.
Section 9, That the City Manager or the Director of Management Services is hereby authorized to
change, subject to any applicable restriction of law or of any bonds or bond issue, the financing sources for
the various capital projects included in this ordinance to reflect effective utilization of the financing sources.
If the financing sources in support of capital projects decline, the City Manager or the Director of
Management Services is authorized to reduce, subject to any applicable restriction of law or of any bonds or
bond issue, those appropriations to equal the changed financing source, The City Manager must give prior
notice to the City Council of any reductions to total appropriations exceeding $100,000. The notice to City
Council shall identify the basis and amount of the appropriation reduction and the capital projects affected,
The accounting records of the City will be maintained in a manner where the total of financing sources is
equal to the total appropriations for each of the City's capital projects funds.
Section 10. That the Capital Improvement Program debt management policies contained and
included in the Resource Management Plan - Executive Summary document shall be the policy guidelines
of the City, and the City Manager shall annually report on the status of those guidelines and the projected
impact of the proposed Capital Improvement Program on those guidelines, such information to be included
in the Resource Management Plan submittal. The City Manager may propose modifications to those
policies and guidelines through the Resource Management Plan.
Section 11. That subiect to the appropriation of sufficient funds within a capital proiect. the
acquisition of real property necessary for the proiect is authorized by means of voluntary neaotiation with
willina sellers.
Section 44 12. 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 42 13. 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 ~ ii. That this ordinance shall be in effect from the date of its adoption; however,
appropriations for the FY 2006 Capital Budget shall be effective on July 1, 2005,
Adopted by the City Council of the City of Virginia Beach, Virginia on this 10th day of May, 2005.
Project
Number
Attachment A - Capital Budget Appropriations
Projects
Appropriations
FY 2005-06
9,018
9.034
9,072
9.076
9,141
3,021
3,185
3.229
3,281
3.282
3.290
3,346
3,365
3.369
2,007
2.018
2.025
2.039
2.048
2.052
2,067
2.071
2.072
2.073
2.076
Economic Vitality
Convention Center Replacement
Neighborhood Revitalization Strategy Plan
Bus Rapid Transit
Economic Development Initiatives
Economic Development Investment Program (On-Going)
Total Economic and Tourism Development Projects:
Total Economic Vitality Projects:
Safe Community
Fire and Rescue Station - Thalia
Fire Apparatus
Police Training Facility
CIT - Communication Infrastructure Replacement
Municipal Buildings Security Enhancements
CIT - Fire Department Network Connectivity Improvement
CIT - Automatic Vehicle Locator System
Fire Facility Rehabilitation and Renewal- Phase II
Leroy Drive Master Plan and Facility Replacements
Total Buildings Projects:
Total Safe Community Projects:
Quality Physical Environment
Shipp's Corner Road Bridge Replacement
Major Intersection Improvements
Witchduck Road - Phase II (Partial) (First Cities Project)
Computerized Traffic Signal System Upgrade/Repl. (Partial)
Princess Anne Rd.lKempsville Rd, Inter, Impr, (First Cities)
Traffic Signal Rehabilitation
Sandbridge Road Safety Improvements
Baker Road Extended
First Colonial RdNa. Beach Blvd. Intersection Imp,
Buckner Road Extended
Laskin Road Gateway
748,513
200,000
11,500,000
300,000
2,240,632
$14,989,145
$14,989,145
2,653,800
2,160,000
3,000,000
6,916,476
200,000
100,000
1,313,500
501,813
200,000
$17,045,589
$17,045,589
1,486,000
9,548
500,000
3,264,000
1,690,000
250,000
624,360
1,848,000
2,200,000
481,000
652,500
Project
Number
Attachment A - Capital Budget Appropriations
Projects
Appropriations
FY 2005-06
2,083
2.089
2,107
2.115
2.121
2,152
2,156
2.157
2,158
2.167
2.168
2.176
2.200
2.211
2.238
2,256
2.263
2.268
2,284
2.285
2.305
2.931
3,038
3.359
3.366
3.367
3,368
5.001
5,006
5,016
5.083
5.085
Qualitv Phvsical Environment
Diamond Springs Road Bridge Replacement
Southeastern Parkway & Greenbelt (Partial)
Seaboard Road
Shore Drive Intersections - Demonstration Project
Nimmo Parkway-Phase V-A (VDOT)
Elbow Road Extended - Phase II (First Cities Project)
Laskin Road - Phase I (VDOT)
Lynnhaven Parkway - Phase IX (VDOT)
Holland Road - Phase VI (VDOT)
Lynnhaven Parkway - Phase XI (VDOT)
Lesner Bridge Replacement (First Cities Project)
Transportation Network Analysis
Shore Drive Demonstration Project - Phases II & III
Traffic Calming
Pembroke Area Comprehensive Transportation Plan
Indian River Rd - Ph VII (First Cities Project)
Major Bridge Rehabilitation (Partial)
Wetlands Mitigation Banking
Pavement Maintenance Program
Traffic Safety Improvements - Phase II
Princess Anne Road- Phase IV (Ferrell - Phase II) (VDOT)
Witchduck Road - Phase I (Partial) ( First Cities Project)
Various Buildings Rehabilitation and Renewal
Building Modernizations, Renewals and Replacements (Partial)
Various Buildings HVAC Rehabilitation and Renewal- Phase II
Various Buildings Rehabilitation and Renewal - Phase II
Various Site Acquisitions
Comprehensive Emergency Response & Planning - Phase I
Water Appurtenances Evaluation & Improvements
System Expansion Cost Participation Agreements
Stumpy Lake Water Reservoir & Pumping Facilities Improvement
Lynnhaven Pump Station Modifications - Phase II
Total Roadways Projects:
Total Buildings Projects:
1,780,000
1,938,366
519,927
692,000
1,738,104
8,000,000
241,000
500,000
40,000
61,050
1,000,000
550,000
575,000
75,000
100,000
8,000,000
660,000
80,000
7,398,883
1,000,000
1,750,000
1,328,000
$51,032,738
200,000
590,000
1,421,085
2,331,895
6,100,000
$10,642,980
100,000
100,000
99,452
155,000
250,000
Project
Number
Attachment A - Capital Budget Appropriations
Projects
Appropriations
FY 2005-06
5.092
5.100
5.118
5,138
5,139
5.140
5,141
5.162
5,163
5.164
5.165
5.166
5.202
5.207
5.302
5.303
5.400
5.600
5.710
5,965
6,018
6.028
6.031
6.046
6.065
6.066
6.067
6.068
6.071
6.075
6.080
6,081
6.082
6,102
Qualitv Phvsical Environment
Landstown Yard Improvements - Phase III
Sierra Drive Water Improvements
Computerized Mapping and Infrastructure Management Systems
Comprehensive Water Master Planning - Phase IV
Small Line Improvements - Phase IV
Various Roadway/Storm Water Coordination - Phase IV
Water Request and Agreements Phase IV - 51% Program
Backflow Prevention and Cross Connection Control Program
Various Water Infrastructure Maintenance Support Program
IVRlCTI, Bill Print, and Automated Payment Solution Design
Shore Drive Water Line Improvements
Automated Mobile Water Meter Reading System
Laskin Rd-Phase II & Gateway Water Improvements (V DOT)
Laskin Road Water Improvements - Phase I (VDOT)
Potable Wells Evaluation Program Phase II
Water Quality Program - Phase III
Fire Hydrant Program - Phase II
29th Street Water Tank Replacement
19th Street Corridor Water Improvements
Water Resources
Total Water Utility Projects:
Sanitary Sewer Aging Infrastructure Program - Phase I
Comprehensive Emergency Response & Planning - Phase I
Sewer Appurtenances Evaluation & Improvements
Computerized Mapping and Infrastructure Management Systems
Infiltration, Inflow, and Rehabilitation - Phase IV
Pump Station Modifications - Phase IV
Various Roadway/Storm Water Coordination - Phase IV
Sewer Requests and Agreements - Phase IV (51% Program)
Comprehensive Sewer Master Planning - Phase III
Laskin Road Sewer Improvements - Phase I (VDOT)
West Neck Pkwy FM - Lake Ridge IFM Interconnect
Laskin Road Phase II & Gateway Improvements
System Expansion Cost Participation Agreements - Phase I
Princess Anne Commons Sewer Improvements
250,000
250,000
150,000
250,000
200,000
150,000
100,000
250,000
300,000
225,000
658,490
260,000
1,150,000
1,110,000
50,000
50,000
50,000
1,000,000
275,000
100,000
$7,532,942
254,058
100,000
100,000
150,000
5,000,000
4,200,000
100,000
100,000
300,000
50,000
250,000
1,635,000
200,000
200,000
Project
Number
Attachment A - Capital Budget Appropriations
Projects
Appropriations
FY 2005-06
6,138
6.168
6.169
6.411
6.506
6.612
6,613
6.710
6.938
7.004
7.005
7.010
7,016
7,024
7.027
7,063
7.067
7.091
7.152
7.153
7.157
7,159
7.160
7,183
7.902
8.002
8.004
8,005
8.007
8.008
8.014
8,830
Qualitv Phvsical Environment
Landstown Yard Improvements - Phase III
Various Sanitary Sewer Infrastructure Maintenance Support
IVR/CTI, Bill Print, and Automated Payment Solution Design
CIT - Service Area Master Planning & Info, System (SAMPIS)
Sanitary Sewer System Revitalization Program - Phase I
Pump Station Wet Well Revitalization
Auxiliary Power Program - Sewer Pump Stations - Phase II
19th Street Corridor Sewer Improvements
Princess Anne Plaza Rehabilitation
Storm Water Infrastructure Rehabilitation
North Lake Holly Watershed
Elizabeth River Shores
South Lake Holly Watershed
Southern Canal/Lead Ditch and Culvert Improvements
SWM Master Planning, Analysis, and Inventory
Neighborhood Storm Water Infrastructure Improvements
Primary System Infrastructure Improvements
Residential Drainage Cost Participation Program
Lake Management
Lynnhaven Watershed Restoration
Lynnhaven River Environmental Restoration Study
Water Quality Participation Projects
Thalia Creek Tributary Restoration
Storm Water Quality Enhancements
North Beach Drainage
Beach Profile Monitoring Program
Various Minor Dredging Projects
Western Branch Lynnhaven River Maintenance Dredging
Rudee Inlet Outer Channel Maintenance Dredging
Beach Replenishment
Lynnhaven Inlet Maintenance Dredging
Rudee Inlet Federal Dredging
Total Sewer Utility Projects:
Total Storm Water Projects:
Total Coastal Projects:
Total Quality Physical Environment Projects:
250,000
200,000
225,000
300,000
750,000
350,000
750,000
300,000
1,700,000
$17,464,058
600,427
182,384
720,942
3,389,700
100,000
100,000
1,940,870
803,082
100,000
365,200
300,000
500,000
100,000
300,000
395,075
375,000
$10,272,680
50,000
100,000
50,000
134,315
2,450,000
210,000
355,000
$3,349,315
$100,294,713
Project
Number
Attachment A - Capital Budget Appropriations
Projects
Appropriations
FY 2005-06
3.041
3,114
3.275
3.292
3,322
4,004
4.009
4.010
4.019
4.030
4,033
4.034
4.058
4.063
4.073
4,074
4,949
4.959
1.001
1.017
1,018
1,019
1,020
1.031
1.073
1,074
1.075
1.078
Cultural & Recreational Oppcrtunities
Virginia Aquarium Elevated Pedestrian Crosswalk
Community Color Project
Virginia Aquarium Renewal and Replacement
Virginia Aquarium Animal Care Annex
Virginia Aquarium Original Exhibit Gallery Renovation
Total Buildings Projects:
Open Space Program Site Acquisition
Community Recreation Centers Repairs and Renovations
Existing Trails Repairs
New Princess Anne District Park Athletics Complex
Recreation Office and Storage at School Sites - Phase II
Municipal Skate Parks
Community Recreation Centers Roof Repairs and Replacements
Pacific Avenue Trail Extension
Athletic Fields Upgrading and Lighting - Phase II
Kempsville Pony League Fields Relocation
City Bikeways and Trails Improvements - Phase I
District/Community Parks Development & Renovations -Phase I
Golf Course Infrastructure and Equipment - Phase I
Total Parks and Recreation Projects:
Total Cultural & Recreational Opportunities Projects:
Qualitv Education and Lifelonq Learninq
Renovations and Replacements - Energy Management
Landstown High School Addition
Newtown Road Elementary School Replacement
Great Neck Middle School Replacement
Ocean Lakes High School Addition
Academy Facilities Improvements
Comprehensive Modernization Study - Phase IV
Renovations and Replacements - Various
Elementary School 2007
School Bus Garage Facility Renovation! Expansion
1,000,000
50,000
193,000
3,969,000
4,100,000
$9,312,000
6,295,765
1,974,513
300,000
2,507,333
200,000
208,000
515,000
800,000
50,000
337,500
101,500
37,150
200,000
$13,526,761
$22,838,761
750,000
5,290,619
3,500,000
2,500,000
3,727,724
100,000
800,000
709,670
5,750,000
750,000
Project
Number
Attachment A - Capital Budget Appropriations
Projects
Appropriations
FY 2005-06
1.082
1,083
1.084
1.085
1,201
1.227
1.228
1.229
1 .232
1,233
1.234
1.235
3.175
3.262
3,349
3,212
3.280
3.286
3.340
3.347
3.355
3.370
Quality Education and LifelonQ LearninQ
Alternative Education Facility - Phase I
Renovations and Replacements - Reroofing
Renovations and Replacements - HV AC Systems
Alternative Education Facility - Phase II
Renovations and Replacements - Grounds
Windsor Woods Elementry School Replacement
Brookwood Elementary School Replacement
Pembroke Meadows Elementary School Modernization
Tennis Court Renovations
Old Donation Center Modernization
Consolidated Virginia Beach Middle/Kemps landing Magnet
Windsor Oaks Elementary School Replacement
Total Schools Projects:
South Rosemont Area library
Tidewater Community College Expansion
Total Buildings Projects:
Total Quality Education and lifelong learning Projects:
Familv and Youth Opportunities
CIT - Human Services IT Systems Integration
Total Buildings Projects:
Total Family and Youth Opportunities Projects:
Qualitv OrQanization
CIT - IT Network Infrastructure Replacement
CIT - City Human Resources/Payroll System
CIT - Address location layer
CIT - Telecommunications Replacement
CIT - Citywide IT Business Impact and Risk Analysis
CIT - City Mobile Workforce Network Study
CIT - Voting Machine Replacements
Total Buildings Projects:
Total Quality Organization Projects:
Total Capital Budget:
1,950,000
2,361,563
1,305,570
12,500,000
500,000
3,000,000
3,000,000
1,350,000
100,000
750,000
7,500,000
1,000,000
$59,195,146
3,386,713
2,200,000
$5,586,713
$64,781,859
340,500
$340,500
$340,500
250,000
9,348,061
372,250
880,000
150,000
165,000
2,500,000
$13,665,311
$13,665,311
$233,955,878
Attachment B - Financing Sources
Financing Sources
Federal Contribution
Fund Balance - General Fund
Fund Balance - Open Space
Fund Balance - Other
Fund Balance - P & R Referendum Tax
General Appropriations
General Obligation Bonds
Lease-Purchase
Public Facility Revenue Bonds
Retained Earnings - Information 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:
Capital Budget
FY 2005-06
$1,140,500
$4,829,031
$5,000,000
$18,389,230
$1,974,045
$40,679,821
$62,500,000
$15,908,061
$11,500,000
$1,667,250
$600,000
$1,750,000
$36,036,260
$2,420,000
$6,314,680
$16,997,000
$6,250,000
$233,955,878
Projects
Attachment C - Transfers
Appropriations
Prior to
FY 2005-2006
Transfer To:
9,027
2,089
3,283
9,302
2,067
2,089
Transfer From:
9,027
2.089
3.283
9,302
9,067
Transfers To:
2.018
Transfers From:
3.021
Roadwav Proiects
Transfer To:
2.018
2.121
2.305
2,502
Transfer From:
2,029
2.087
2.090
2,122
2,139
2.140
Economic Vitalitv
31st Street Parking Garage (Pay-As-You-Go)
Southeastern Parkway & Greenbelt (Partial) (Charter Bonds)
Pavilion Theatre Replacement (Public Facilities Revenue Bonds)
Rudee Loop Development - Phase I (Partial) (Public Facilities Revenue Bonds)
Sandbridge Road Safety Improvements
Southeastern Parkway & Greenbelt (Partial) (General Fund Operating Budget
and Fund Balance)
Total Transfer To:
31st Street Parking Garage (Public Facilities Revenue Bonds)
Southeastern Parkway & Greenbelt (Partial) (Pay-As-You-Go)
Pavilion Theatre Replacement (Charter Bonds)
Rudee Loop Development - Phase I (Partial) (Pay-As-You-Go)
9th and 10th Street Improvements (General Fund Operating Budget and Fund
Balance)
Total Transfer From:
Safe Community
Major Intersection Improvements
Total Transfer To:
Fire and Rescue Station - Thalia
Total Transfer From:
Qualitv Phvsical Environment
Major Intersection Improvements
Nimmo Parkway-Phase V-A (VDOT)
Princess Anne Road- Phase IV (Ferrell- Phase II) (VDOT) (Revenue
Reduction)
West Neck Road (Transition Area Network)
Total Transfer To:
Harris Road
West Neck Road
Nimmo Pkwy. - Phase I / West Neck Road Ext
Gum Swamp Bridge
Kempsville Road - Phase III (VDOT)
London Bridge Road - Phase II (VDOT)
$5,250,000
2,257,000
2,257,000
2,993,000
1,173,476
1,083,524
$15,014,000
$5,250,000
2,257,000
2,257,000
2,993,000
2,257,000
$15,014,000
$385,400
$385,400
$385,400
$385,400
$949,866
3,523,570
750,000
3,000,000
$8,223,436
$330,114
110,000
351,557
98,991
156,501
849,447
2.165
2.175
2.195
2.209
2,279
2.305
Laskin Road - Phase II (VDOT)
Independence Boulevard - Ph IV-B &C (VDOT)
Princess Anne Road Phase VII
Courthouse Loop North - Phase II
Kempsville Rd/Providence Rd Int. Imp,
Princess Anne Road- Phase IV (Ferrell - Phase II) (VDOT)
Total Transfer From:
Storm Water Utility Proiects
Transfer To:
7.145
7.152
7.902
Transfer From:
7.013
7.016
7.063
7.183
7.281
Arctic Avenue - Baltic Avenue
Dam and Spillway Structural Improvements
North Beach Drainage
Total Transfers To :
Cape Henry Dr.(Lynnhaven Colony) Drainage
South Lake Holly Watershed
Neighborhood Storm Water Infrastructure Improvements
Storm Water Quality Enhancements
Larkspur Drainage - Phases I and II
Total Transfers From:
Water and Sewer Utilitv Proiects
Transfer To:
5,083
5,165
6,018
Transfer From:
5.035
5.071
5,072
5,076
5,093
5,136
5.965
5.973
6,003
6,005
6.021
6,039
6,072
6,084
Stumpy Lake Water Reservoir & Pumping Facilities Improvement
Shore Drive Water Line Improvements
Sanitary Sewer Aging Infrastructure Program - Phase I
Total Transfer To:
Nimmo Parkway Water Improvements-Phases I, II, & III (VDOT)
Americus Ave Water Improvements - 51% Program
Maxey Manor Water Improvements - 51 % Program
Kempsville Road Water Improvements - Phase III (VDOT)
Comprehensive Water Study - Phase III
Water Quality Program - Phase II
Water Resources
First Colonial Road Water Improvements - Phase III (VDOT)
Auxiliary Power Program for Sewer Pump Stations - FEMA Grant
First Colonial Rd-Phase III & Oceana Blvd Extension (VDOT)
Salem Road C
North Landing RoadlWest Neck Road Sewer Improvements
Bow Creek Neighborhood Park Sewer Improvements
Maxey Manor Sewer Improvements - 51% Program
949,866
3,523,570
348,034
257,248
498,108
750,000
$8,223,436
$1,200,000
2,063,535
100,000
$3,363,535
$650,000
250,000
133,516
2,063,535
266,484
$3,363,535
$445,000
336,504
1,745,942
$2,527,446
$14,500
7,000
16,000
130,532
4
200,000
245,000
85,000
20,442
135,000
4,500
81,000
49,468
34,000
6.178
6.962
Buildinqs Proiects
Transfer To:
3.283
Transfer From:
3.283
Virginia Beach Middle School Water & Sewer Improvement
Timberlake Force Main
Total Transfers From:
Cultural and Recreational Opportunities
Pavilion Theatre Replacement (Revenue Reduction)
Total Transfers To:
Pavilion Theatre Replacement
Total Transfers From:
Parks and Recreation Proiects
Transfer To:
4.019
4,031
4,035
4.959
Transfer From:
4.001
4.005
4,008
4,020
4.954
4.959
4,968
4,970
Schools Proiects
Transfer To:
1.085
1,222
1.224
Transfer From:
1.023
1.213
1,216
1.217
1.218
New Princess Anne District Park Athletics Complex
Little Island Pier Access Improvements
Natural Area Preserves
Golf Course Infrastructure and Equipment - Revenue Reduction
Total Transfer To:
Norfolk Avenue Multipurpose Trail
Cape Henry Trail Reconstruction Project
Marshview Property Planning
Shore Drive Corridor Trails
Tennis Court Renovations - Phase I
Golf Course Infrastructure and Equipment
West Neck Creek District Park
Park Playgrounds Renovations
Total Transfer From:
Qualitv Education and LifelonQ LearninQ
Alternative Education Facility - Phase II
Pembroke Elementary School Modernization
Trantwood Elementary School Modernization
Total Transfer To:
Landstown High School/Princess Anne Road Pedestrian Bridge
Thalia Elementary School Modernization
Bayside Elementary School Replacement
Woodstock Elementary School Modernization
Kempsville Meadows Elementary School Modernization
1,500,000
5,000
$2,527,446
$3,300,000
$3,300,000
$3,300,000
$3,300,000
$433,131
100,000
100,000
100,000
$733,131
$20,000
50,170
52,961
100,000
300,000
100,000
35,000
75,000
$733,131
$700,000
75,000
115,000
$890,000
$700,000
71,000
26,500
19,900
14,700
1.230
1,240
Buildinqs Proiects
Transfer To:
3.447
Transfer From:
3.413
Transfer To:
3.281
3,335
3.286
3.446
Transfer From:
3,198
3.208
3.286
3.446
Alternative Use Study-Old Link. Pk, Seatack, & Kemps Landing
Bayside Middle School Addition
Total Transfer From:
Library Renovations and Replacements
Total Transfer To:
Bayside Library and Police Precinct
Total Transfer From:
Qualitv OrQanization
CIT - Communication Infrastructure Replacement
CIT - Electronic Ballot System - ADA Machines
CIT - Address Location Layer - Revenue Reduction
CIT - Communication System Upgrades - Revenue Reduction
Total Transfer To:
CIT - Electronic Ballot System - Study
CIT - Asset Module
CIT - Address Location Layer
CIT - Communication System Upgrades
Total Transfer From:
7,900
50,000
$890,000
$391,000
$391,000
$391,000
$391,000
$212,132
100,000
250,000
916,476
$1,478,608
$100,000
190,000
250,000
938,608
$1,478,608
- 18-
Item V-LIb.
ORDINANCES
ITEM # 53924
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council, ADOPTED:
Ordinance re FY2005-2006BIENNIALRESOURCEMANAGEMENT
PLAN and CAPITAL BUDGET
A UTHORIZE the issuance of General Obligation Public
Improvement Bonds in the maximum amount of $55,200,000 for
various public facilities and general improvements
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 2005
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF
2 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF
3 THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM
4 AMOUNT OF $55,200,000 FOR VARIOUS PUBLIC FACILITIES
5 AND GENERAL IMPROVEMENTS
6
7 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of
8 general obligation public improvement bonds for various purposes in the maximum amount of $55,200,000, as
9 permitted by the City Charter, without submitting the question of their issuance to the qualified voters.
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
11 VIRGINIA:
12
1.
That it is hereby determined to be necessary and expedient for the City to construct and
13 improve various public facilities and make general improvements, all of which will promote the public welfare of the
14 City and its inhabitants and will facilitate the orderly growth, development, and general welfare of the City, and to
15 finance the costs thereof through the borrowing of up to $55,200,000 and issuing the City's general obligation bonds
16 therefor.
17
2.
That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby
18 authorized to be issued general obligation public improvement bonds of the City in the maximum amount of
19 $55,200,000, to provide funds, together with other funds that may be available, for various public improvement
20 projects, including School, Roadway, Coastal, Economic and Tourism, Building, and Parks and Recreation projects,
21 for project activities that include, but are not limited to, the following: preliminary studies and surveys, permit
22 compliance, environmental assessment, planning, design, engineering, site acquisition, relocation of residents, utility
23 relocation, construction, renovation, expansion, repair, demolition, site improvement, site work, legal services,
24 inspection and support services, furniture and equipment, and contingencies.
25
3.
That the bonds may be issued as a separate issue at one time or in part from time to time
26 or combined with bonds authorized for other purposes and sold as part of one or more combined issues of public
27 improvement bonds.
28
4.
That the bonds shall bear such date or dates, mature at such time or times not exceeding
29 40 years from their dates, bear interest, be in such denominations and form, be executed in such manner and be
30 sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution or
31 resolutions.
32
5.
That the bonds shall be general obligations of the City for the payment of the principal,
33 premium, if any, and interest on which its full faith and credit shall be irrevocably pledged,
34
6.
That the City Clerk is directed to make a copy of this ordinance continuously available for
35 inspection by the general public during normal business hours at the City Clerk's office from the date of adoption
36 hereof through the date of the issuance of the Bonds.
37
7.
That the City Clerk, in collaboration with the City Attorney, is authorized and directed to
38 immediately file a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach.
39
8.
That this ordinance shall be in full force and effective from its passage.
40
Adopted by the Council of the City of Virginia Beach, Virginia on this 10th day of May, 2005,
41
Adoption requires the affirmative vote of two-thirds of all members of the City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
r. '.\ 1\
UJV\.Q ll,
Cit~~
CA9575
- 19-
Item V-Lic.
ORDINANCES
ITEM # 53925
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council, ADOPTED:
Ordinance re FY2005-2006BIENNIALRESOURCEMANAGEMENT
PLANand CAPITALBUDGET
AUTHORIZE issuance of Storm Water Utility System Revenue Bonds
in the maximum amount of$2,420,000
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 2005
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF STORM
2 WATER UTILITY SYSTEM REVENUE BONDS OF THE CITY
3 OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT
4 OF $2,420,000
5 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of storm water
6 utility system revenue bonds in the maximum amount of $2,420,000 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,
10 VIRGINIA:
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 of the City, and to finance the costs thereof through
14 the borrowing of $2,420,000 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 $2,420,000 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 Commonwealth to levy
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 services 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
39 the general public during normal business hours at the City Clerk's office from the date of adoption hereof through
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 10th day of May, 2005.
45 Adoption requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
Department of Management Services
wc:x~~
City 's Office ~
l)~~,
CA9573
- 20-
Item V-I.id.
ORDINANCES
ITEM # 53926
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council, ADOPTED:
Ordinance re FY2005-2006BIENNIALRESOURCEMANAGEMENT
PLAN and CAPITALBUDGET
AUTHORIZE issuance of Water and Sewer System Revenue Bonds in
the maximum amount of$16,997,000
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R, Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 2005
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND
2 SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA
3 BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $16,997,000
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 $16,997,000 for financing improvements and
6 expansions to the City's water and sewer system (the "System"), as permitted by the City Charter without
7 submitting the question of their issuance to the qualified voters.
8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
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 $16,997,000 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 $16,997,000 to
16 provide funds, together with other available funds, for financing the costs of improvements and expansions to the
17 System,
18
3.
That the bonds shall bear such date or dates, mature at such time or times not exceeding 40
19 years from their dates, bear interest, be in such denominations and form, be executed in such manner and be
20 sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution or
21 resolutions,
22
4.
That the System is an undertaking from which the City may derive a revenue. The bonds shall be
23 limited obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues
24 derived by the City from the System, and shall not be included within the otherwise authorized indebtedness of
25 the City. The bonds shall not be deemed to create or constitute an indebtedness of, or a pledge of the faith and
26 credit of, the Commonwealth of Virginia or of any country, city, town, or other political subdivision of the
27 Commonwealth, including the City. The issuance of the bonds and the undertaking of the covenants, conditions,
28 and agreements to be contained in resolutions to be adopted or agreements to be entered into hereafter shall not
29 directly, indirectly, or contingently obligate the Commonwealth, the City, or any other political subdivision of the
30 Commonwealth to levy and collect any taxes whatsoever or make any appropriation therefore, except from the
31 revenues pledged to the payment of the principal of and premium, if any, and interest on the bonds,
32 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the
33 issuance of the bonds and providing the details thereof shall contain appropriate covenants requiring the City to
34 fix, charge, and collect such rates, fees, and other charges for the use of and the services furnished by the
35 System and to revise the same from time to time and as often as shall be necessary so as to produce sufficient
36 net revenues to pay principal of and premium, if any, and interest on the bonds as the same become due and to
37 provide a margin of safety therefor. Such resolutions and agreements shall also include such additional
38 covenants, agreements, and other terms as are customary for the protection of the holders of water and sewer
39 revenue obligations.
40 6. That the City Clerk is directed to make a copy of this ordinance continuously available for
41 inspection by the general public during normal business hours at the City Clerk's office from the date of adoption
42 hereof through the date of the issuance of the bonds.
43 7, That the City Clerk, in collaboration with the City Attorney, is authorized and directed to
44 immediately file a certified copy of this ordinance with the Circuit Court of the City of Virginia Beach.
45 8. That this ordinance shall be in full force and effect from its passage.
46 Adopted by the Council of the City of Virginia Beach, Virginia on this 10th day of May, 2005.
47 Adoption requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
LJ~Q,\
Cit;;;t.~~~
CA9576
- 21 -
Item V-L2
ORDINANCES
ITEM # 53926
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED in one motion
Items 2a/b/c/d/e/f/g/h/i/jlk and I:
Ordinances re FY 2005-2006 Operating Budget
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
Councilman Dyer voted NA Y re raising Debt Per Capita to $2400, Bus Rapid Transit (BRT) and Items L2
f/g/h/i/jlk re fees
Council Lady McClanan voted NA Y re raising Debt Per Capita to $2400 and Bus Rapid Transit (BRT) and
Items 1.2 f/g/h/i/jlk re fees
Councilman Schmidt voted NAY re raising Debt Per Capita to $2400, Bus Rapid Transit (BRT)
Councilman Villanueva voted NA Y re the Convention Center portion of the Capital Improvement
Program.
Council Lady Wilson voted NAY re raising Bus Rapid Transit (BRT)
Councilman Wood voted NA Y re Item f2. k. S8-31, paragraph 16.1 D FU, pre-inspection fee
May 10, 2005
- 22-
Item V-1.2a.
ORDINANCES
ITEM # 53927
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance re FY 2005-2006 Operating Budget
APPROPRIA TE for the fiscal year, beginning July 1, 2005 and ending
June 30, 2006, the sum of $1,498,529,258 for Operations and
$516,510,423 in Interfund Transfers regulating the payment of money
out of the City Treasury, as amended
Voting: 11-0
Coun~il Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
Councilman Dyer voted NA Y re raising Debt Per Capita to $2400, Bus Rapid Transit (BRT) and Items 1.2
f/g/h/i/j/k re fees
Council Lady McClanan voted NA Y re raising Debt Per Capita to $2400 and Bus Rapid Transit (BRT) and
Items 1.2 f/g/h/i/j/k re fees
Councilman Schmidt voted NAY re raising Debt Per Capita to $2400, Bus Rapid Transit (BRT)
Councilman Villanueva voted NAY re the Convention Center portion of the Capital Improvement
Program.
Council Lady Wilson voted NA Y re raising Bus Rapid Transit (BRT)
Councilman Wood voted NAY re Item I.2.k. ~8-31, paragraph 16.1 DFU, pre-inspection fee
May 10, 2005
1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE
2 FISCAL YEAR BEGINNING JULY 1, 2005 AND ENDING JUNE
3 30, 2006 IN THE SUM OF $1,498,529,258 FOR OPERATIONS
4 AND $516,510,423 IN INTERFUND TRANSFERS AND
5 REGULATING THE PAYMENT OF MONEY OUT OF THE CITY
6 TREASURY, AS AMENDED
7 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year
8 beginning July 1, 2005, and ending June 30, 2006, and it is necessary to appropriate sufficient funds to cover
9 said budget;
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
11 VIRGINIA:
12 Section 1. That the amounts named aggregating $2,015,039,681 consisting of $516,510,423 in interfund
13 transfers and $1,498,529,258 for operations, are hereby appropriated subject to the conditions hereinafter set
14 forth for the use of departments, and designated funds of the city government, and for the purposes hereinafter
15 mentioned, as set forth in the Annual Operating Budget, which is hereby incorporated by reference, for the fiscal
16 year beginning July 1, 2005, and ending June 30, 2006, a summary of which is attached to this ordinance as
17 "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
20 Appropriations attached to this ordinance as "Attachment B - Revenues."
21 Section 3. With the exception of the School Operating Fund, and the Sheriff's Special Revenue Fund,
22 the total number of full-time permanent positions shall be the maximum number of positions authorized for the
23 various departments of the City during the fiscal year, except for changes or additions authorized by the Council
24 or as hereinafter provided. The City Manager may from time to time increase or decrease the number of part-
25 time or temporary positions provided the aggregate amount expended for such services shall not exceed the
26 respective appropriations made therefore. The City Manager is further authorized to make such rearrangements
27 of positions 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 authorized by the City Council. Unless otherwise directed by the City Council, such organizational adjustments
32 shall be implemented on such date or dates as the City Manager determines, in his discretion, to be necessary to
33 guarantee a smooth and orderly transition of existing organizational functions. The City Manager shall make a
34 report each year to the City Council identifying the status and progress of any such organizational adjustments.
35 Section 5, All current and delinquent collections of local taxes shall be credited to the General Fund and,
36 where appropriate, to any special service district special revenue fund or any tax increment financing funds
37 created by City Council. Transfers shall be made from the General Fund to the respective designated funds to
38 which a special levy is made in the amount of collection for each specially designated fund.
39 Section 6, All balances of the appropriations payable out of each fund of the City Treasury at the close of
40 business for the fiscal year ending on June 30, 2006, unless otherwise provided for, are hereby declared to be
41 lapsed into the fund balance of the respective funds, except the School Operating Fund which shall lapse into the
42 General Fund Balance, and may be used for the payment of the appropriations that may be made in the
43 appropriation ordinance for the fiscal year beginning July 1, 2006, However, there shall be retained in the
44 General Fund Balance an amount not less than the range of seventy five (75) to one hundred (100) percent of
45 the budgot for city and school debt service payments for that fiscal year an undesiqnated fund balance of 8% to
46 12% of the followinq year's budqeted revenues, for contingency and emergency situations, not to be used to
47 support appropriations approved in the ordinance for the fiscal year beginning July 1, 2005, except upon
48 subsequent authorization by City Council.
49 Section 7. That the City's debt management policies for the Water and Sewer Enterprise fund shall serve
50 as a basis for developing financial strategies for the water and sanitary sewer system based on the following
51 guidelines: (a) for the Water and Sewer Fund, the goal of retaining working capital equal to 80% to 100% of one
52 year's operating expense shall be pursued; (b) for the Water and Sewer Fund, the goal shall be for debt service
53 coverage on its water and sewer revenue bonds at not less than 1,50 times and, on a combined basis, including
54 water and sewer general obligation bonds, at no less than 1,20 times and (c) for the Water and Sewer Fund,
55 contributions from non-borrowed funds, on a five-year rolling average basis, will be sought for approximately 25%
56 of the annual capital program for the water and sewer system.
57 Section 8. All balances of appropriations in each fund which support authorized obligations or are
58 encumbered at the close of the business for the fiscal year ending on June 30, 2006, are hereby declared to be
59 reappropriated into the fiscal year beginning July 1, 2006, and estimated revenues adjusted accordingly.
60 Section 9, No department or agency for which appropriations are made under the provisions of this
61 Ordinance shall exceed the amount of such appropriations except with the consent and approval of the City
62 Council first being obtained. It is expressly provided that the restrictions with respect to the expenditure of the
63 funds appropriated shall apply only to the totals for each Appropriation Unit included in this ordinance and does
64 not apply to Interfund Transfers.
65 Section 10. The City Manager or the Director of Management Services is hereby authorized to approve
66 transfers of appropriations in an amount up to $100,000 between any Appropriation Units included in this
67 ordinance, The City Manager shall make a monthly report to the City Council of all transfers between $25,000
68 and $100,000, In addition, the City Manager may transfer, in amounts necessary, appropriations from all
69 Reserves for Contingencies except Reserve for Contingencies - Regular, within the intent of the Reserve as
70 approved by City Council.
71 Section 11, Funds in the amount of $400,000 shall be appropriated from the General Fund Balance for
72 the purpose of making a loan or loans to the City of Virginia Beach Development Authority ("Development
73 Authority"), The City Manager shall be authorized to transfer these funds to the Development Authority for this
74 purpose provided that the aggregate amount of all such transfers does not exceed $100,000. Such transfor(s)
75 shall be based upon a specific request by the Development Authority and upon the Director of Management
76 Services' verification that the funds are necessary for the Development Authority to maintain an adequate cash
77 flow, Any such transfer(s) shall be made upon terms and conditions to be determined by the City Manager, and
78 shall be repaid by the Development Authority in an expeditious manner through the sale of land, The City
79 Manager shall make a report to City Council identifying the status of Development Authority finances and any
80 transfers made under this section,
81 Section 12. The City Manager may transfer up to $1,000,000 from the operating budget to the City's self
82 insurance health pion fund at the end of the fiscal year to fund shortfalls in the plan should they occur.
83 Section 11. The City Manager or the Director of Management Services is hereby authorized to establish
84 and administer budgeting within Appropriation Units consistent with best management practices, reporting
85 requirements, and the programs and services adopted by the City Council.
86 Section 12. The City Manager or the Director of Management Services is hereby authorized to change
87 the Estimated Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in
88 support of an Operating Appropriation Unit declines, the City Manager or the Director of Management Services is
89 hereby authorized to reduce, subject to any other provision of law, those appropriations to equal the decline in
90 Estimated Revenue, The City Manager shall give prior notice to the City Council of any reduction to total
91 appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the
92 appropriation reduction and the Appropriation Units affected. The accounting records of the City will be
93 maintained in a manner that the total of Estimated Revenue is equal to the total of the Appropriation Units for
94 each of the City's funds. The City Manager or the Director of Management Services is hereby authorized to
95 transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for which
96 those funds were appropriated have been incurred. Nothing in this section shall be construed as authorizing any
97 reduction to be made in the amount appropriated in this ordinance for the payment of interest or principal on the
98 bonded debt of the City Government.
99 Section 13. Allowances made from the appropriations made in this ordinance by any or all of the City
100 departments, bureaus, or agencies, to any of their officers and employees for expenses on account of the use by
101 such officers and employees of their personal automobiles in the discharge of their official duties shall not exceed
102 thirty-t'No and one half six cents ($.325) ~ per mile of actual travel for the first 15,000 miles and fifteen ($.15)
103 per mile for additional miles of such use within the fiscal year.
104 Section 14, In the event of an emerqency and under emerqency circumstances wherein the City Council
105 cannot reasonably hold a meetinq. the City Manaqer is authorized to transfer and expend appropriated sums
106 from any budqet account to ensure that the emerqency is handled as efficiently and expeditiously as possible,
107 Immediately followinq the expenditure of funds under this provision, and as soon as the City Council can
108 reasonably meet under the existinq circumstances. the City Manaqer shall notify the City Council the reason for
109 such action. how funds were expended. and present to the City Council for adoption an emerqency
110 appropriations ordinance that sets forth what measures are required to ensure that funds are forthwith restored to
111 the appropriate accounts and that the budqet is balanced at the end of the fiscal year in which the emerqency
112 expenditures occurred.
113 An emerqency is defined for the purposes of this provision as an event that could not have been
114 reasonably foreseen at the time of the adoption of the budqet. and in which (i) an immediate threat to the public
115 health. safety or welfare is involved. such as clean-up after a hurricane. and/or (ii) immediate action is required to
116 protect or preserve public properties.
117 Section 15. All travel expense accounts shall be submitted on forms approved by the Director of Finance
118 and according to regulations approved by the City Council. Each account shall show the dates expenses were
119 incurred or paid; number of miles traveled; method of travel; hotel expenses; meals; and incidental expenses,
120 The Director of Finance is specifically directed to withhold the issuance of checks in the event expense accounts
121 are submitted for "lump-sum" amounts.
122 Section 16, Violation of this ordinance may result in disciplinary action by the City Manager against the
123 person or persons responsible for the management of the Appropriation Unit in which the violation occurred.
124 Section 17, This ordinance shall be effective on July 1, 2005,
125 Section 18. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such
126 decision shall not affect the validity of the remaining parts of this ordinance,
127 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 10th day of May, 2005.
128 Requires an affirmative vote by a majority of the members of City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
,B
CA9561
City of Virginia Beach, Virginia
Fiscal Year 2005-06 Budget Ordinance
Attachment A - Appropriations
FY 2005-06
Adopted
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 Information Technology
Community Organization Grants
Convention and Visitor Bureau
Convention and Visitor Bureau (Major Projects)
Director of Finance
E3 Initiative
Economic Development
Emergency Medical Services
Employee Special Benefits
Fire
General District Court
General Registrar
Health
Housing and Neighborhood Preservation
Human Resources
Human Services
Human Services Integration - Information Technology
Independent Financial Services
Juvenile Probation
Juvenile and Domestic Relations District Court
Library
Magistrates
Management Services
Mass Transit Operations
Municipal Council
Museums
Parks and Recreation
Planning and Community Development
Police
Public Works
Regional Participation
Reserve for Contingencies
Revenue Reimbursements
887,898
490,494
283,409
18,333
990,212
3,574,192
636,575
2,369,059
2,847,129
5,166,361
877,177
4,171,572
5,727,522
2,574,604
640,313
4,203,042
4,640,405
5,032,912
60,000
2,083,292
6,180,475
2,040,760
35,792,106
337,595
1,401,561
2,935,741
1,633,514
4,405,256
77,480,640
600,692
140,780
2,286,656
161,457
17,287,151
143,460
3,580,275
1,663,365
511,369
984,319
12,741,061
10,422,265
72,190,093
76,494,714
1,687,607
11,839,126
6,895,272
City of Virginia Beach, Virginia
Fiscal Year 2005-06 Budget Ordinance
Attachment A - Appropriations
Transfer to Other Funds
Vehicle Replacements
Wetlands Board of Virginia Beach
Zoning Board of Appeals
FY 2005-06
Adopted
457,394,389
4,900,000
13,925
42,341
Fund 002 Appropriation Totals 861,462,466
108 School Instructional Technoloav Fund
Instructional Technology
4,887,320
Fund 108 Appropriation Totals 4,887,320
109 School Vendina Operations Fund
Education. Athletic
1,720,000
Fund 109 Appropriation Totals 1,720,000
112 School Communication Tower Technoloav Fund
Instructional Technology
1,250,000
Fund 112 Appropriation Totals 1,250,000
114 School Cafeteria Fund
Education. Cafeteria
22,754,582
Fund 114 Appropriation Totals 22,754,582
115 School Operatina Fund
Administration, Attendance, and Health
Instruction
Less: City Manager Reduction
Operations and Maintenance
Pupil Transportation
21,448,183
493,605,781
-23,040,530
82,351,757
28,047,045
Fund 115 Appropriation Totals 602,412,236
116 School Grants Fund
Education. Grants
Fund 116 Appropriation Totals
59,283,886
59,283,886
117 School Textbook Fund
Education. Textbook
Fund 117 Appropriation Totals
6,995,974
6,995,974
119 School Athletic Special Revenue Fund
Education - Athletic
Fund 119 Appropriation Totals
4,034,925
4,034,925
120 Federal Police Department Grant Fund
Police (Uniform Patrol Grant)
Reserve for Contingencies
Fund 120 Appropriation Totals
1,349,662
72,614
1,422,276
130 Law Library Fund
Library (Law Library)
Reserve for Contingencies
Transfer to Other Funds
Fund 130 Appropriation Totals
329,700
4,500
60,000
394,200
City of Virginia Beach, Virginia
Fiscal Year 2005-06 Budget Ordinance
Attachment A - Appropriations
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 Totals
142 DEA Seized Property Special Revenue Fund
Commonwealth's Attorney
Fund 142 Appropriation Totals
143 Access Channel Support Special Revenue Fund
Communications and Information Technology
Fund 143 Appropriation Totals
146 Police Extraditions Special Revenue Fund
Police (Airplane Enterprise)
Police (Extraditions)
Fund 146 Appropriation Totals
147 Federal Section 8 Proaram Special Revenue Fund
Housing and Neighborhood Preservation (Section 8 Housing)
Housing and Neighborhood Preservation (Section 8)
Reserve for Contingencies
Fund 147 Appropriation Totals
148 Comprehensive Services Act Special Revenue Fund
Human Services
Transfer to Other Funds
Fund 148 Appropriation Totals
149 Sheriff's Department Special Revenue Fund
Sheriff and Corrections
Fund 149 Appropriation Totals
150 Inmate Services Special Revenue Fund
Sheriff and Corrections (Inmate Services)
Transfer to Other Funds
Fund 150 Appropriation Totals
151 Parks and Recreation Special Revenue Fund
Parks and Recreation
Public Works
Reserve for Contingencies
Transfer to Other Funds
Fund 151 Appropriation Totals
FY 2005-06
Adopted
1,512,618
1,512,618
9,343,197
1,334,350
1,496,879
12,174,426
160,000
160,000
11,806
11,806
565,000
229,914
794,914
858,000
10,896,573
14,000
11,768,573
8,265,790
1,288,806
9,554,596
28,723,856
28,723,856
469,002
274,551
743,553
22,308,159
2,426,380
340,504
320,680
25,395,723
City of Virginia Beach, Virginia
Fiscal Year 2005-06 Budget Ordinance
Attachment A - Appropriations
152 Tourism Growth Investment Fund
Convention and Visitor Bureau (TGIF)
Museums
Parks and Recreation (TGIF)
Planning and Community Development (TGIF)
Public Works (TGIF)
Reserve for Contingencies
Transfer to Other Funds
156 Police Services Special Revenue Fund
Police
Fund 152 Appropriation Totals
Fund 156 Appropriation Totals
157 Sandbridae Special Service District Special Revenue Fund
Reserve for Future Commitments
158 EMS State Four-for-Life Special Revenue Fund
Emergency Medical Services
159 Fire Proarams Special Revenue Fund
Fire (Fire Programs)
Transfer to Other Funds
161 Aariculture Reserve Proaram Special Revenue Fund
Agriculture (Agricultural Reserve Program)
Reserve for Future Commitments
Transfer to Other Funds
163 Tourism Advertisina Proaram Special Revenue Fund
Convention and Visitor Bureau (Tourism Advertising)
Reserve for Contingencies
165 Lvnnhaven Mall Tax Increment Financina Fund
Reserve for Contingencies
Tax Increment Financing
166 Sandbridae Tax Increment Financina Fund
Reserve for Future Commitments
Fund 157 Appropriation Totals
Fund 158 Appropriation Totals
Fund 159 Appropriation Totals
Fund 161 Appropriation Totals
Fund 163 Appropriation Totals
Fund 165 Appropriation Totals
Fund 166 Appropriation Totals
167 Arts and Humanities Commission Special Revenue Fund
Arts and Humanities Commission
Fund 167 Appropriation Totals
FY 2005-06
Adopted
2,787,327
50,500
29,332
376,962
690,592
385,728
11,494,650
15,815,091
20,000
20,000
2,503,257
2,503,257
370,000
370,000
500,000
170,229
670,229
221,024
792,161
2,724,000
3,737,185
8,391,204
11,513
8,402,717
150,000
1,900,000
2,050,000
6,372,547
6,372,547
485,026
485,026
City of Virginia Beach, Virginia
Fiscal Year 2005-06 Budget Ordinance
Attachment A - Appropriations
169 Central Business District - South TIF (Town Center) Fund
Transfer to Other Funds
170 Virainia Aquarium Special Revenue Fund
Museums (Virginia Marine Science Museum)
Reserve for Contingencies
171 Sportsplex Special Revenue Fund
Parks and Recreation
Reserve for Contingencies
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
173 Maior Proiects Special Revenue Fund
Public Works (Major Projects)
Reserve for Contingencies
Transfer to Other Funds
174 Town Center Special Tax District
Reserve for Contingencies
Town Center Special Tax District
Transfer to Other Funds
175 Golf Course Special Revenue Fund
Parks and Recreation (Golf Courses)
Reserve for Contingencies
Transfer to Other Funds
176 Transition Area Special Revenue Fund
Reserve for Future Commitments
180 Community Development Special Revenue Fund
Community Development Block Grants
Housing and Neighborhood Preservation
Reserve for Contingencies
Fund 169 Appropriation Totals
Fund 170 Appropriation Totals
Fund 171 Appropriation Totals
Fund 172 Appropriation Totals
Fund 173 Appropriation Totals
Fund 174 Appropriation Totals
Fund 175 Appropriation Totals
Fund 176 Appropriation Totals
Fund 180 Appropriation Totals
FY 2005-06
Adopted
2,578,913
2,578,913
6,685,123
69,513
6,754,636
458,291
2,899
461,190
71,115
52,000
3,100
1,176,904
2,383,226
3,686,345
334,712
1,608
17,305,197
17,641,517
523,623
289,699
49,461
862,783
2,151,389
83,296
200,000
2,434,685
206,617
206,617
1,690,136
1,283,961
42,215
3,016,312
City of Virginia Beach, Virginia
Fiscal Year 2005-06 Budget Ordinance
Attachment A - Appropriations
FY 2005-06
Adopted
181 CD Loan and Grant Fund
Community Development Block Loan and Grants
662,954
Fund 181 Appropriation Totals 662,954
182 Federal Housing Assistance Grant Fund
Federal HOME Grants
1,731,980
Fund 182 Appropriation Totals 1,731,980
183 Grants Consolidated Fund
Commonwealth's Attorney - Grants
Community Corrections
Fire Grants
Housing and Neighborhood Grants
Police (Uniform Patrol Grant)
Reserve for Contingencies
Sheriff. Grants
Social Services Grants
292,256
568,228
1,008,035
1,068,169
60,902
111,934
250,078
1,330,741
Fund 183 Appropriation Totals 4,690,343
185 Mental Health Grants Fund
Human Services
Human Services (Substance Abuse Grants)
210,617
516,682
Fund 185 Appropriation Totals 727,299
241 Water and Sewer Fund
Debt Service
Public Utilities
Reserve for Contingencies
Transfer to Other Funds
12,276,909
64,476,715
1,062,480
10,073,091
Fund 241 Appropriation Totals 87,889,255
253 Parking Enterprise Fund
Convention and Visitor Bureau (Parking)
Reserve for Contingencies
Transfer to Other Funds
2,705,513
21,130
607,100
Fund 253 Appropriation Totals 3,333,743
255 Storm Water Utilitv Enterprise Fund
Debt Service
Public Works (Storm Water Operations)
Reserve for Contingencies
Transfer to Other Funds
1,290,602
9,593,208
242,070
8,089,251
Fund 255 Appropriation Totals 19,215,131
302 General Debt Fund
Debt Service
107,854,973
Fund 302 Appropriation Totals 107,854,973
City of Virginia Beach, Virginia
Fiscal Year 2005-06 Budget Ordinance
Attachment A - Appropriations
430 Roadways General Revenue Capital Projects Fund
Roadways Capital Projects
431 Coastal General Revenue Capital Proiects Fund
Coastal Capital Projects
Fund 430 Appropriation Totals
Fund 431 Appropriation Totals
432 Economic and Tourism General Revenue Capital Proiects Fund
Economic and Tourism Development Capital Projects
460 School General Revenue Capital Projects Fund
School Capital Projects
Fund 432 Appropriation Totals
Fund 460 Appropriation Totals
491 Water and Sewer Operatina Revenue Capital Proiects Fund
Water and Sewer Capital Projects
Fund 491 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
Storm Water Capital Projects
908 City Beautification Fund
Parks and Recreation
Fund 496 Appropriation Totals
Fund 497 Appropriation Totals
Fund 498 Appropriation Totals
Fund 908 Appropriation Totals
FY 2005-06
Adopted
9,029,750
9,029,750
1,599,315
1,599,315
2,740,632
2,740,632
17,597,408
17,597,408
6,250,000
6,250,000
3,517,951
3,517,951
6,194,765
6,194,765
6,314,680
6,314,680
10,000
10,000
909 Library Gift Fund
Library Gift 5,522
Fund 909 Appropriation Totals 5,522
911 Parks and Recreation Gift Fund
Parks and Recreation (Gift Fund)
950 Circuit Court Clerk Technoloay Fund
Circuit Court
Total Budget Appropriations
Less Interfund Transfers
NET BUDGET APPROPRIATIONS
112,000
Fund 911 Appropriation Totals 112,000
35,000
Fund 950 Appropriation Totals 35,000
2,015,039,681
516,510,423
1,498,529,258
City of Virginia Beach, Virginia
Fiscal Year 2005-06 Budget Ordinance
Attachment B - Revenues
FY 2005-06
Adopted
002 General Fund
Revenue from Local Sources
General Property Taxes
Other Local Taxes
Permits, 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
Specific Fund Reserves
497,084,590
231,572,985
5,738,202
4,606,631
3,546,475
9,789,739
1,253,993
77,076,940
23,257,615
7,135,027
400,269
Fund 002 Revenue Totals 861,462,466
108 School Instructional Technoloav Fund
Revenue from Local Sources
Miscellaneous Revenue
Specific Fund Reserves
500,000
4,387,320
Fund 108 Revenue Totals 4,887,320
109 School Vendina Operations Fund
Revenue from Local Sources
From the Use of Money and Property
Miscellaneous Revenue
Specific Fund Reserves
10,000
760,000
950,000
Fund 109 Revenue Totals 1,720,000
112 School Communication Tower Technoloav Fund
Revenue from Local Sources
From the Use of Money and Property
Specific Fund Reserves
200,000
1,050,000
Fund 112 Revenue Totals 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
Specific Fund Reserves
12,096,506
155,000
340,000
9,626,106
536,970
Fund 114 Revenue Totals 22,754,582
115 School Operatina 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
70,621,940
246,007,052
14,371,131
268,713,519
Fund 115 Revenue Totals 602,412,236
City of Virginia Beach, Virginia
Fiscal Year 2005-06 Budget Ordinance
Attachment B - Revenues
116 School Grants Fund
Revenue from Local Sources
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Fund 116 Revenue Totals
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
Fund 117 Revenue Totals
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
Fund 119 Revenue Totals
120 Federal Police Department Grant Fund
Revenue from the Federal Government
Transfers from Other Funds
Fund 120 Revenue Totals
130 Law Library Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Transfers from Other Funds
Specific Fund Reserves
Fund 130 Revenue Totals
131 Pendleton Child Service Center 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
Revenue from the Federal Government
Transfers from Other Funds
Fund 131 Revenue Totals
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 2005-06
Adopted
3,072,419
13,630,762
42,580,705
59,283,886
100,000
6,000
1,604,077
3,130,369
2,155,528
6,995,974
40,000
380,000
2,842,619
772,306
4,034,925
891,894
530,382
1,422,276
4,750
225,000
150,301
14,149
394,200
9,500
30,000
233,268
355,983
12,500
871,367
1,512,618
8,268,000
44,775
36,721
1,902,834
1,451,322
470,774
City of Virginia Beach, Virginia
Fiscal Year 2005-06 Budget Ordinance
Attachment B - Revenues
142 DEA Seized Property Special Revenue Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
Specific Fund Reserves
143 Access Channel Support Special Revenue Fund
Revenue from Local Sources
Miscellaneous Revenue
146 Police Extraditions Special Revenue Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
147 Federal Section 8 Proaram Special Revenue 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
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
FY 2005-06
Adopted
Fund 134 Revenue Totals 12,174,426
Fund 142 Revenue Totals
Fund 143 Revenue Totals
Fund 146 Revenue Totals
Fund 147 Revenue Totals
Fund 148 Revenue Totals
Fund 149 Revenue Totals
Fund 150 Revenue Totals
Fund 151 Revenue Totals
100,000
60,000
160,000
11,806
11,806
794,914
794,914
11,711,616
56,957
11,768,573
9,772
737,115
5,511,382
3,296,327
9,554,596
1,909,328
50,040
16,362,798
80,300
10,177,654
143,736
28,723,856
15,000
728,553
743,553
862,079
9,599,619
38,850
2,500
14,892,675
25,395,723
City of Virginia Beach, Virginia
Fiscal Year 2005-06 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 Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Fund 156 Revenue Totals
157 Sandbridae Special Service District Special 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-for-Life Special Revenue Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
Fund 158 Revenue Totals
159 Fire Proarams Special Revenue Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
Fund 159 Revenue Totals
161 Aariculture Reserve Proaram Special Revenue Fund
Transfers from Other Funds
Fund 161 Revenue Totals
163 Tourism Advertisina Proaram 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 163 Revenue Totals
165 Lvnnhaven Mall Tax Increment Financina Fund
Revenue from Local Sources
General Property Taxes
Specific Fund Reserves
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 2005-06
Adopted
69,091
517,874
15,228,126
15,815,091
20,000
20,000
1,018,625
392,632
128,327
963,673
2,503,257
370,000
370,000
670,229
670,229
3,737,185
3,737,185
33,442
950
40,000
8,264,783
63,542
8,402,717
1,836,852
213,148
2,050,000
6,149,811
222,736
6,372,547
1-
City of Virginia Beach, Virginia
Fiscal Year 2005-06 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
From the Use of Money and Property
Specific Fund Reserves
Fund 169 Revenue Totals
170 Virginia AQuarium Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Transfers from Other Funds
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
Revenue from Local Sources
From the Use of Money and Property
Transfers from Other Funds
Fund 172 Revenue Totals
173 Maior Proiects 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
Transfers from Other Funds
Fund 175 Revenue Totals
FY 2005-06
Adopted
485,026
485,026
2,398,654
93,099
87,160
2,578,913
12,500
5,538,918
719,520
483,698
6,754,636
90,000
15,000
265,635
90,555
461,190
277,162
3,409,183
3,686,345
606,979
14,714,118
2,320,420
17,641,517
862,783
862,783
236,680
1,946,865
251,140
2,434,685
City of Virginia Beach, Virginia
Fiscal Year 2005-06 Budget Ordinance
Attachment B - Revenues
176 Transition Area Special Revenue Fund
Transfers from Other Funds
Fund 176 Revenue Totals
180 Community Development Special Revenue Fund
Revenue from the Federal Government
Transfers from Other Funds
Fund 180 Revenue Totals
181 CD Loan and Grant Fund
Revenue from the Federal Government
Non-Revenue Receipts
Fund 181 Revenue Totals
182 Federal Housina Assistance Grant Fund
Revenue from the Federal Government
Non-Revenue Receipts
Fund 182 Revenue Totals
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
Fund 183 Revenue Totals
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
Fund 185 Revenue Totals
241 Water and Sewer Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Non-Revenue Receipts
Transfers from Other Funds
Specific Fund Reserves
Fund 241 Revenue Totals
253 Parkina 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
Fund 253 Revenue Totals
FY 2005-06
Adopted
206,617
206,617
2,546,908
469,404
3,016,312
309,247
353,707
662,954
1,506,980
225,000
1,731,980
1,216,350
3,287,515
32,000
154,478
4,690,343
3,000
248,990
475,309
727,299
1,496,140
82,439,809
221,495
3,397,043
234,768
10.0,000
87,889,255
32,000
485,783
55,433
2,452,263
308,264
3,333,743
City of Virginia Beach, Virginia
Fiscal Year 2005-06 Budget Ordinance
Attachment B - Revenues
FY 2005-06
Adopted
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
83,337
13,931,076
5,135,206
65,512
Fund 255 Revenue Totals 19,215,131
302 General Debt Fund
Transfers from Other Funds
Specific Fund Reserves
106,748,781
1,106,192
Fund 302 Revenue Totals 107,854,973
430 Roadways General Revenue Capital Projects Fund
Transfers from Other Funds
9,029,750
Fund 430 Revenue Totals 9,029,750
431 Coastal General Revenue Capital Projects Fund
Transfers from Other Funds
1,599,315
Fund 431 Revenue Totals 1,599,315
432 Economic and Tourism General Revenue Capital Projects Fund
Transfers from Other Funds
Fund 432 Revenue Totals
2,740,632
2,740,632
460 School General Revenue Capital Projects Fund
Transfers from Other Funds
17,597,408
17 ,597 ,408
Fund 460 Revenue Totals
491 Water and Sewer Operating Revenue Capital Projects Fund
Transfers from Other Funds
Fund 491 Revenue Totals
6,250,000
6,250,000
496 Parks and Recreation General Revenue Capital Projects Fund
Transfers from Other Funds
Fund 496 Revenue Totals
3,517,951
3,517,951
497 Buildings General Revenue Capital Projects Fund
Transfers from Other Funds
6,194,765
6,194,765
Fund 497 Revenue Totals
498 Storm Water Capital Project Fund
Transfers from Other Funds
6,314,680
6,314,680
Fund 498 Revenue Totals
908 City Beautification Fund
Revenue from Local Sources
Miscellaneous Revenue
10,000
10,000
Fund 908 Revenue Totals
City of Virginia Beach, Virginia
Fiscal Year 2005-06 Budget Ordinance
Attachment B - Revenues
FY 2005-06
Adopted
909 Library Gift Fund
Revenue from Local Sources
Miscellaneous Revenue
Fund 909 Revenue Totals
5,522
5,522
911 Parks and Recreation Gift Fund
Revenue from Local Sources
Miscellaneous Revenue
112,000
Fund 911 Revenue Totals 112,000
950 Circuit Court Clerk Technoloav Fund
Revenue from Local Sources
Charges for Services
35,000
Fund 950 Revenue Totals 35,000
2,015,039,681
516,510,423
1,498,529,258
Total Budget Revenues
Less Interfund Transfers
NET BUDGET REVENUES
- 23-
Item V-I.2b.
ORDINANCES
ITEM # 53928
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance re FY 2005-2006 Operating Budget
ESTABLISH the tax levy on real estate for FY 2006 at $1.0239
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and
James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 2005
1
2
AN ORDINANCE ESTABLISHING THE TAX LEVY ON
REAL EST ATE FOR FISCAL YEAR 2006
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 2006 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 nineteen two and sixty four thirty-nine one-
8 hundredths cents ($1.1961) ($1.0239) on each one hundred dollars ($100) of assessed valuation thereof. The
9 real property tax rate that has been prescribed in this section shall be applied on the basis of one hundred
10 percentum of the fair market value of such real property, except for public service real property, which shall be on
11 the basis as provided in Section 58.1-2604 of the Code of Virginia,
12 Sec. 2. Amount of Levy on "Certified Pollution Control Equipment and Facilities" Classified as Real
13 Estate, "Certified Storm Water Management Developments and Property," "Certified Solar
14 Energy Recycling Equipment, Facilities or Devices" Classified as Real Estate, and
15 "Environmental Restoration Sites," Real Estate Improved by Erosion Controls, and Certain
16 Wetlands and Riparian Buffers.
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 2006, taxes on all
19 real estate (a) certified by the Commonwealth of Virginia as "Certified Pollution 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 9 58,1-3665, or (f) qualifying as wetlands and riparian buffers as described by Code of Virginia 9
25 58,1-3666, not exempt from taxation, at a rate of one dollar nineteen two and sixty four thirty-nine one-hundredths
26 cents ($1.1961) ($1,0239) on each one hundred dollars of assessed valuation thereof. The real property tax rates
27 imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real
28 property except for public service property, which shall be on the basis as provided in Section 58.1-2604 of the
29 Code of Virginia.
29 Sec. 3. Amount of Levy on Real Estate Within the Sandbridge Special Service District.
30 There shall be levied and collected for fiscal year 2006, taxes for the special purpose of providing beach and
31 shoreline restoration and management at Sand bridge on all real estate within the Sand bridge Special Service
32 District, not exempt from taxation, at the rate of twelve cents ($,12) on each one hundred dollars ($100) of
33 assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section
34 1 of this ordinance, The real estate tax rate imposed herein shall be applied on the basis on one hundred
35 percentum of the fair market value of such real property except public service real property, which shall be on the
36 basis as provided in Section 58.1-2604 of the Code of Virginia.
37 Sec. 4. Amount of Levy on Real Estate Within the Town Center Special Service District.
38 For the special purpose of operating and maintaining the parking garage and providing enhanced
39 services for the plaza and public spaces within the boundaries of the service district at the Town Center, as well
40 as other additional services authorized by Virginia Code 9 15.2-2403, there shall be levied and collected for fiscal
41 year 2006, taxes on all real estate within the Town Center Special Service District, not exempt from taxation, at
42 the rate of fifty-seven cents ($.57) on each one hundred dollars ($100) of assessed value thereof. This real estate
43 tax rate shall be in addition to the real estate tax set forth in Section 1 of this ordinance, The real estate tax rate
44 imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real
45 property except public service real property, which shall be on the basis as provided in Section 58,1-2604 of the
46 Code of Virginia.
47 Sec. 5. Severability.
48 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision
49 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 July 1, 2005.
52 Adopted by the City Council of the City of Virginia Beach, Virginia on this 10th day of May, 2005.
53 Requires an affirmative vote by a majority of the members of City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
Jj~Cl.
Management Services
CA9562
- 24-
Item V-I.2c.
ORDINANCES
ITEM # 53929
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance re FY 2005-2006 Operating Budget
ESTABLISH the tax levy on personal property and machinery and
tools for the calendar year 2006
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E, Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 2005
AN ORDINANCE ESTABLISHING THE TAX LEVY ON
PERSONAL PROPERTY AND MACHINERY AND TOOLS FOR
THE CALENDAR YEAR 2006
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Sec. 1. Amount of Levy on Tangible Personal Property.
In accordance with Chapter 35 of Title 58,1 of the Code of Virginia, taxes shall be levied and
collected for general purposes for the calendar year 2006 on all tangible personal property, including all separate
classifications of personal property set forth in the Code of Virginia, not exempt from taxation and not otherwise
provided for in this ordinance, at the rate of three dollars and seventy cents ($3.70) on each one hundred dollars
($100) assessed valuation thereof.
Specific categories of personal property taxed at this rate include, but are not limited to, the
following:
a. aircraft and flight simulators as described in Code of Virginia ~ 58.1-3506 (A) (2) and (3) ;
b. antique motor vehicles as described in Code of Virginia ~ 58.1-3506 (A) (4) ;
c, heavy construction equipment as described in Code of Virginia ~ 58.1-3506 (A) (6) ;
d. computer equipment as described in Code of Virginia S 58,1-3506 (A) (9) ;
e. tangible personal property as described in (a) Code of Virginia S 58.1-3660 as "certified pollution
control equipment and facilities" or (b) Code of Virginia S 58,1-3661 as "certified solar equipment, facilities or
devices and certified recycling equipment, facilities or devices"; and
f. personal vehicles as described in & 58.1-3524 of the Code of Virqinia. Taxes shall be levied and
collected for qeneral purposes for the calendar year 2006 on the assessed value of all personal vehicles not
otherwise exempted from taxation in this ordinance. subiect to the followinq:
1. Any personal vehicle with a total assessed value of $1.000 or less will be levied no tax.
2. Any personal vehicle with an assessed value of between $1.001 and $20,000 will be
levied 32.7% of the computed tax based on the total assessed value of the vehicle. Reimbursement is expected
from the state under the Personal Property Tax Relief Act equal to the remaininq 67.3% of the computed tax on
the first $20.000 of assessed value.
3. Any personal vehicle with an assessed value of over $20.000 will be levied 32.7% of the
computed tax based on the first $20.000 of assessed value and 100% of the computed tax based on the
assessed value in excess of $20,000. Reimbursement is expected from the state under the Personal Property
Tax Relief Act equal to the remainina 67,3% of the computed tax on the first $20,000 of assessed value,
Sec. 2. Amount of Levy on Manufactured Homes.
In accordance with Section 58.1-3506 (A) (8) of the Code of Virginia, there shall be levied and
collected for general purposes for the calendar year 2006 taxes on all vehicles without motive power, used or
designated to be used as manufactured homes, as defined by Section 36-85.3 of the Code of Virginia, at the rate
of one dollar nineteen two and sixty f-our thirty-nine one-hundredths cents ($1.1961) ($1.0239) on each one
hundred dollars ($100) of assessed valuation thereof.
Sec. 3. Amount of Levy on All Boats or Watercraft Weighing Five Tons or More.
In accordance with Section 58.1-3506 (A) (1) of the Code of Virginia, there shall be levied and
collected for general purposes for the calendar year 2006 taxes on all boats or watercraft weighing five (5) tons or
more, except as provided for in Section 5 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each
one hundred dollars ($100) of assessed valuation thereof,
Sec. 4. Amount of Levy on Machinery and Tools.
In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected
for general purposes for the calendar year 2006 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 ($100) of assessed valuation thereof. As provided by
Code of Virginia ~ 58.1-3506 (B) , the following personal property shall also be taxed at the rate of machinery and
tools:
a. all tangible personal property used in research and development businesses, as described in
Code of Virginia ~ 58.1-3506 (A) (5) ;
b. generating or cogenerating equipment, as described in Code of Virginia ~ 58.1-3506 (A) (7) ; and
c. all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more
used to transport property for hire by a motor carrier engaged in interstate commerce, as
described in Code of Virginia ~ 58.1-3506 (A) (7) ,
Sec. 5. Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational
Purposes Only.
In accordance with Sections 58.1-3506 (A) (10) , (A) (26) , and (A) (27) of the Code of
Virginia, there shall be levied and collected for general purposes for the calendar year 2006 taxes on all privately
owned pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent
($.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.
In accordance with Sections 58.1-3506 (A) (16) and (A) (28) of the Code of Virginia, there shall
be levied and collected for general purposes for the calendar year 2006 at the rate of one dollar and fifty cents
($1.50) on each one hundred dollars ($100) of assessed valuation thereof on the following property: (a) all
privately owned camping trailers and motor homes as defined in Section 46.2-100 of the Code of Virginia and
privately owned travel trailers as defined in Code of Virginia 946.2-1900, that are used for recreational purposes
only; and (b) privately owned trailers as defined in 946.2-100 of the Code of Virginia that are designed and used
for theJransportation of horses, except those trailers described in subdivision (A) (11) of 9 58.1-3505 of the Code
of Virginia.
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 and collected for general purposes for the calendar year 2006 at the rate of one dollar and fifty cents
($1.50) on each one hundred dollars ($100) of assessed valuation, on one (1) motor vehicle owned and regularly
used by a 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 permanently and totally disabled as certified by the Department of Veterans' Affairs. Any motor vehicles in
addition to the one (1) so taxed shall not qualify for the taxation at the rate established herein, and shall be taxed
at the rate or rates applicable to that class of property. To qualify, the veteran shall provide a written statement to
the Commissioner of the Revenue from the Department of Veterans' Affairs that the veteran has been so
designated or classified by the Department of Veterans' Affairs as to meet the requirements of Section 58.1-3506
(A) (17) , and that his or her disability is service connected.
Sec. 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.
a. In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia, there shall be a reduced
tax, levied and collected for general purposes for calendar year 2006, at the rate of three dollars ($3.00) on each
one hundred dollars ($100.00) of assessed valuation, on one (1) automobile or pickup truck owned and used
primarily by or for anyone at least sixty-five years of age or anyone found to be permanently and totally disabled,
as defined in Section 58.1-3506.3 of the Code of Virginia, subject to the following conditions:
1. The total combined income received, excluding the first $7,500 of income, from all sources
during calendar year 2005 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars
($22,000).
2. The owner's net financial worth, including the present value of all equitable interests, as of
December 31 of calendar year 2005, excluding the value of the principal residence and the land, not exceeding
one (1) acre, upon which it is situated, shall not exceed seventy thousand dollars ($70,000).
3. All income and net worth limitations shall be computed by aggregating the income and
assets, as the case may be, of a husband and wife who reside in the same dwelling and shall be applied to any
owner of the motor vehicle who seeks the benefit of the preferential tax rate permitted under this ordinance,
irrespective of how such motor vehicle may be titled.
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.
Sec. 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.
Sec. 10. 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.
Sec. 11. Effective Date.
This ordinance shall be effective January 1, 2006.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 10th day of May, 2005,
Requires an affirmative vote by a majority of the members of City Council,
- 25 -
Item V-I.2d.
ORDINANCES
ITEM # 53930
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance re FY 2005-2006 Operating Budget
AUTHORIZE the City Manager to submit an Annual Funding Plan
to the U. S. Department of Housing and Urban Development (HUD) re
renewal of funding
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 2005
1 AN ORDINANCE TO AUTHORIZE THE CITY
2 MANAGER TO SUBMIT AN ANNUAL FUNDING PLAN
3 TO THE U.S. DEPARTMENT OF HOUSING AND
4 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
10 income neighborhoods that are detrimental to the public health, safety, and welfare, as well as improving the
11 City's housing stock and community services, along with other related activities; and
12 WHEREAS, as a prerequisite to receiving the above-referenced federal assistance, the City of Virginia
13 Beach has developed an Annual Funding Plan for submission to the Department of Housing and Urban
14 Development and has created the necessary mechanisms for its implementation in compliance with federal and
15 local directives;
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
17 VIRGINIA:
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 2006 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.
22 Adopted by the Council of the City of Virginia Beach, Virginia, on this .t...O-t.h day of~, 2005.
APPROVED AS TO CONTENT
~Q.
APPROVED AS TO LEGAL
SUFFICIENCY
Management Services
CA9564
- 26-
Item V-I.2e.
ORDINANCES
ITEM # 53931
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance re FY 2005-2006 Operating Budget
AMEND 3335-64 and 35-67 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
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter w: Schmidt, Ron A, Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 10,2005
1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
2 TO THE EXEMPTION OR DEFERRAL OF REAL ESTATE
3 TAXES FOR ELDERLY OR DISABLED PERSONS BY
4 INCREASING INCOME AND NET WORTH LIMITS
5 SECTIONS AMENDED: SS 35-64 AND 35-67
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
7 That Sections 35-64 and 35-67 of the City Code are hereby amended and reordained to read as follows:
8 Sec. 35-64. General prerequisites to grant; effect of residency in hospital, nursing home, etc.
9
(a)
Either the exemption, deferral or freeze, but not more than one (1), as provided for in this division
10 shall be granted to persons subject to the following provisions:
11
(1 )
The title to the property for which exemption, deferral or freeze is claimed is held, or partially
12
held, on June thirtieth immediately preceding the taxable year, by the person or persons
13
claiming exemption, deferral or freeze and is occupied as the sole dwelling of such person or
14
persons.
15
(2)
The head of the household occupying the dwelling and owning title or partial title thereto or
16
either spouse in a dwelling jointly held by a husband and wife is either permanently and
17
totally disabled or is sixty-five (65) years of age or older on June thirtieth of the year
18
immediately preceding the taxable year; provided, however, that a dwelling jointly held by a
19
husband and wife may qualify if either spouse is over sixty-five (65) years of age.
20
(3)
For the tax exemption programs, the total combined income received from all sources during
21
the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their
22
principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not
23
exceed thirty seven thousand fHRe seven hundred dollars ($30,900.00) ($37.700.00) provided
24
that the first eigHt ten thousand five hundred dollars ($8,500.00) ($10.000.00) of income of
25
each relative, other than a spouse of the owner, who is living in the dwelling, shall not be
26
included in such total: and provided further that the first seveR ten thousand five hundrod
27
dollars ($7,500.00) ($10,000.00) or any portion thereof of income received by a permanently
28
and totally disabled owner shall not be included in such total.
29
(4)
For the tax freeze program, the total combined income received from all sources during the
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
(5)
(6)
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 forty five fifty two thousand four hundred dollars ($15,100.00) ($52,000.00); provided
that the first ei@At ten thousand five hundred dollars ($8,500.00) ($10,000.00) 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 seveR ten thousand five hundred dollars
($7,500,00) ($10,000.00) or any portion thereof of income received by a permanently and
totally disabled 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 forty so'/en
seventy-nine thousand fGtH: five hundred dollars ($117,100.00) $179,500.00).
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 forty seven
seventy-nine thousand fGtH: five hundred dollars ($117,100.00) ($179.500.00).
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 ei@At ten thousand five
hundred dollars ($8,500.00) ($10.000.00) 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 seveR ten thousand five hundred dollars ($7,500,00) ($10,000,00) or any portion
thereof of income received by a permanently and totally disabled owner shall not be included
in such total.
For the tax deferral program, the net combined financial worth, including equitable interests,
(7)
(8)
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67
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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 GAe two hundred ninoty five
thousand dollars ($195,000.00) ($200.000.00).
(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 limitations contained in this division, the tax exemption shall be as shown on the following schedule:
Total income,
All Sources
$0.00 - $27.800.00
$27,800.01 - $30,200.00
$30.200.01 - $32.700.00
$32.700.01 - $35.100.00
$35,100.01 - $37,700.00
Tax Exemption
100%
$0.00 22,800.00
$22,800,01 21,800.00
$2'1,800.01 26,800.00
$26,800.01 28,800.00
$28,800.01 30,900,00
80%
60%
40%
20%
No lien shall accrue as a result of the amount certified as exempt.
BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2005.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 10th day of May, 2005,
-27-
Item V-I.2.f.
ORDINANCES
ITEM # 53932
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance re FY 2005-2006 Operating Budget
AMEND 9937-46 and 37-47 of the City Code re minimum service
availability charges and water usage rates
Voting: 9-2
Council Members Voting Aye:
Harry E, Diezel, Vice Mayor Louis R. Jones, Richard A. Maddox,
Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Robert M. Dyer and Reba S. McClanan
Council Members Absent:
None
May 10, 2005
1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO
2 MINIMUM SERVICE AVAILABILITY CHARGES AND WATER USAGE
3 RATES
4 SECTIONS AMENDED: CITY CODE 33 37-46 AND 37-47
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
6 That Sections 37-46 and 37-47 of the Code of the City of Virginia Beach are hereby amended and
7 reordained, to read as follows:
8 Sec. 37-46. Minimum service availability charges prescribed.
9 Effectivo October 1, 1990, eEach consumer shall pay a monthly minimum service availability charge as
10 follows for each meter connecting his premises with the city water system:
Meter Size Monthly Charge Effective July 1,2005
5/8 inch ~ $3.75
3/4 inch ~ 4.80
1 inch ~ 6.90
1 1/2 inch ~ 12.05
2 inch ~ 18.30
3 inch ~ 32.75
4 inch 4&W 53,50
6 inch 9€hOO 106.00
8 inch 152.00 167.00
10 inch 218. 00 240.00
12 inch 406.00 447,00
Fire Hydrant Meter ~ 32.75
24 Sec. 37-47. Water usage rates prescribed.
25 In addition to the charges provided for in section 37-46, each consumer shall pay for water usage the rate
26 of threo doll3rs 3nd fifty five cents ($3,55) per one thous3nd (1,000) g31lons, 3& of July 1, 1999. three dollars and
27 sixty-five cents ($3,65) per one thousand (1,000) qallons, as of July 1, 2005. three dollars and seventy cents
28 ($3.70) per one thousand (1.000) qallons, as of July 1, 2006. three dollars and eiqhty cents ($3.80) per one
29 thousand (1,000) qallons. as of July 1. 2007, three dollars and ninety-five cents ($3.95) per one thousand (1,000)
30 qallons, as of Julv 1. 2008. and four dollars and ten cents ($4.10) per one thousand (1 ,000) qallons, as of Julv 1.
31 2009.
32 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1,2005.
33 Adopted by the Council of the City of Virginia Beach, Virginia, on this 10th day of May, 2005.
- 28-
Item V-L2.g.
ORDINANCES
ITEM # 53933
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance re FY 2005-2006 Operating Budget
AMEND 928-26 of the City Code re sanitary sewer service charges
Voting: 9-2
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Richard A. Maddox,
Mayor Meyera E, Oberndorf, Jim Reeve, Peter W Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Robert M Dyer and Reba S. McC/anan
Council Members Absent:
None
May 10, 2005
1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE
2 SANITARY SEWER SERVICE CHARGES
3 SECTION AMENDED: ~ 28-26
4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
5 That section 28-26 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained
6 to read as follows:
7 Sec. 28-26 Sanitary sewer charges established.
8 The following monthly charges are hereby established with respect to all property connected directly or
9 indirectly to the public sewer system maintained by the city:
10 1 ) Residential uses:
11 a) Single-family detached residences: $12.29 $15.92 effective July 1, ~ 2005, and
12 $13.27 $16.88 effective July 1, ~ 2006, and $11.31 $17.72 effective July 1, 2003-:
13 2007. and $18.61 effective July 1. 2008. and $19.54 effective July 1. 2009.
14 b) Structures with two (2) or more family residential units with one (1) connection to the
15 public sewer system, except where structures meet the criteria set forth in subsection (e),
16 and trailer parks:
17 (1) First unit or trailer: ~ $15.92 effective July 1, 2004 2005, and $13.27
18 $16.88 effective July 1, ~ 2006, and $-1-4,d4 $17,72 effective July 1, ~
19 2007, and $18.61 effective July 1, 2008, and $19.54 effective July 1, 2009.
20 (2) Each additional unit or trailer: ~ $11.94 effective July 1, ~ 2005, and
21 $9-:% $12.66 effective July 1, 2G02, 2006, and $10.76 $13,29 effective July 1,
22 ~ 2007, and $13.95 effective July 1. 2008. and $14,65 effective July 1, 2009,
23 c) Hotels and motels:
24 (1) For the first room provided for occupancy: ~ $15,92 effective July 1, 2004
25 2005, and $13.27 $16,88 effective July 1, ~ 2006, and $44,.J4 $17,72
26 effective July 1, 2QGd 2007, and $18.61 effective July 1, 2008, and $19.54
27 effective July 1, 2009.
28 (2) Each additional room for occupancy: $4-94 $6.39 effective July 1, ~ 2005,
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and ~ $6.77 effective July 1, ~ 2006, and ~ iL.11 effective July 1,
2-QG.3 2007, and $7.47 effective July 1, 2008. and $7.84 effective July 1. 2009.
d) Campgrounds:
(1) For the first pace provided: $12.29 $15.92 effective July 1. ~ 2005, and
$13.27 $16.00 effective July 1, ~ 2006 and ~ $17.72 effective July 1.
2-QG.3 2007, and $18.61 effective July 1. 2008 and $19.54 effective July 1, 2009,
(2) For each additional space provided: $4.-94 $6.39 effective July 1, ~ 2005,
and ~ $6,77 effective July 1, ~ 2006 and ~ iL.11 effective July 1,
2-QG.3 2007. and $7.47 effective July 1, 2008, and $7,84 effective July 1, 2009.
e) If a structure or property has two (2) or more family residential units, each of which is
directly connected to the public sewer system owned and operated by the city, the charge
for individual unit(s) shall be no less than $12.29 $15.92 per unit effective July 1, ~
2005, and $13,27 $16.88 per unit effective July 1, ~ 2006 and $14.31 $17,72 per unit
effective July 1, 2-QG.3 2007, and $18.61 per unit effective July 1, 2008. and $19.54 per
unit effective July 1, 2009.
f) Separately metered multi-unit structures served by a privately-owned, on-site sewer
collection system with a sinqle connection point to the city's sewer system shall be
charqed $11.94 per unit effective July 1, 2005, and $12,66 effective July 1. 2006, and
$13.29 effective July 1, 2007. and $13.95 effective July 1. 2008. and $14.65 effective July
1, 2009.
2) Nonresidential uses:
a) Effective July 1, ~ 2005, for all nonresidential uses in which there is also supplied
public water service, the sanitary sewer service charge shall be determined by the size of
the water tap through which water is provided, as per the following schedule:
Tap Size Monthly Charge
3/4 inch ... $12.31 $15.98
1 inch... ~20,18
1 1/2 inch ... ~ 39.95
2 inch... 4&.-79 60,55
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84
85
86
3 inch... Q4.,W 118,86
4 inch ... 153.36198.56
6 inch ... 307.80398,51
8 inch ... 711.96925,66
10 inch .., 1,182,601,531.11
12 inch ,.. 1,792.802,321,14
Effective July 1, 2G@ 2006, for all nonresidential uses in which there is also supplied
public water service, the sanitary sewer service charge shall be determined by the size of
the water tap through which water is provided, as per the following schedule:
Tap Size Monthly Charge
3/4 inch .., $13,33 $16.94
1 inch... ~21.39
1 1/2 inch ... ~ 42.35
2 inch .., W:M 64.18
3 inch ... 99M 125,99
4 inch ... 165,63210.47
6 inch ... 332,12422.42
8 inch... 772.16981.20
10 inch ... 1,277.211.622.98
12 inch ,.. 1,936.222,460.41
Effective July 1, ;WW 2007, for all nonresidential uses in which there is also supplied
public water service, the sanitary sewer service charge shall be determined by the size of
the water tap through which water is provided, as per the following schedule:
Tap Size Monthly Charge
3/4 inch... $11.10 $17.79
1 inch ... ~ 22.46
1 1/2 inch ... ~ 44.47
2 inch ... ~67.39
3 inch ... 107.08132.29
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90
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94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
4 inch ,.. 178.88 220,99
6 inch ,.. 359.02443,54
8 inch ,.. 833.931.030.26
10 inch... 1,379.381.704,13
12 inch ... 2,091.122.583.43
Effective Julv 1. 2008. for all nonresidential uses in which there is also supplied public
water service. the sanitary sewer service charqe shall be determined bv the size of the
water tap throuqh which water is provided. as per the fOllowinq schedule:
Tap Size Monthlv Charae
3/4 inch... $18.68
1 inch ... 23.58
1 1/2 inch ... 46.69
2 inch ... 70.76
3 inch ... 138,90
4 inch ... 232.04
6 inch '" 465.72
8 inch ...1.081.77
10 inch ,.. 1.789.34
12 inch ,.. 2.712.60
Effective Julv 1, 2009. for all nonresidential uses in which there is also supplied public
water service. the sanitary sewer service charqe shall be determined bv the size of the
water tap throuqh which water is provided. as per the followinq schedule:
Tap Size Monthlv Charae
3/4 inch ... $19.61
1 inch ... 24.76
1 1/2 inch ,.. 49,02
2 inch.., 74.30
3 inch ... 145,85
4 inch ... 243,64
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117
118
119
120
121
122
123
124
125
126
127
128
129
130
6 inch ... 489.01
8 inch ...1,135,86
10 inch ... 1,878.81
12 inch .., 2,848.23
b) For all nonresidential uses in which public water service is not available, the monthly
charge shall be as follows:
(1) 0--4 commodes: ~ $31,95 effective July 1, 2004 2005, and $26.65 $33.87
effective July 1, ~ 2006; and $28.78 $35.56 effective July 1, 2-QOO 2007, and
$37.34 effective July 1. 2008. and $39,21 effective July 1,2009.
(2) Each additional commode over four (4): $4;-Q4 $6.39 effective July 1, 2-00-1- 2005,
and ~ $6.77 effective July 1, ~ 2006, and $a.,-79 EJ.1 effective July 1,
~ 2007, and $7.47 effective July 1,2008. and $7.84 effective July 1. 2009.
The charges prescribed in this section shall be calculated for each service period by multiplying the
number of days in the service period by the applicable daily charge for the rates on a twelve month basis,
Adopted by the Council of the City of Virginia Beach, Virginia, on this 10th day of May, 2005.
- 29-
Item V-L2. h.
ORDINANCES
ITEM # 53934
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance re FY 2005-2006 Operating Budget
AMEND 932,5-2 of the City Code re equivalent residential unit
(ERU) fee
Voting: 9-2
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Richard A. Maddox,
Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Robert M. Dyer and Reba S. McClanan
Council Members Absent:
None
May 10, 2005
1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE
2 EQUIVALENT RESIDENTIAL UNIT (ERU) FEE
3 SECTION AMENDED: 9 32.5-2
4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
5 That section 32.5-2 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained
6 to read as follows:
7 Sec. 32.5-2. Definitions.
8 The following words and terms used in this section shall have the following meanings:
9
(a)
Equivalent residential unit or ERU means the equivalent impervious area of a single-
10
family residential developed property per dwelling unit located within the city based on
11
the statistical average horizontal impervious area of a single-family residence in the city.
12
An equivalent residential unit (ERU) equals two thousand two hundred sixty-nine (2,269)
13
square feet of impervious surface area.
14
(b)
ERU rate means the utility fee charged on an equivalent residential unit, which shall be
15
thirteen and one tenth cents ($0.131) per day, effective July 1, 2001; fourteen ::md one
16
tenth cents ($0.111) per day, effective July 1, 2002; and fifteen and one tenth cents
($0,151) per day effectivo July 1, 2003. sixteen and one-tenth cents ($0.161) per day.
17
18
effective July 1. 2005; seventeen and one-tenth cents ($0.171) per day. effective July 1.
19
2006; and eiqhteen and one-tenth cents ($0.181) per day. effective July 1. 2007.
20
21
BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1,2005.
22
Adopted by the Council of the City of Virginia Beach, Virginia, on this 10th day of May, 2005.
- 30-
Item V-L2.i.
ORDINANCES
ITEM # 53935
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance re FY 2005-2006 Operating Budget
AMEND 321-205 of the City Code re fees for special permits for
oversize and overweight vehicles
Voting: 9-2
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R, Jones, Richard A. Maddox,
Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A,
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Robert M Dyer and Reba S. McClanan
Council Members Absent:
None
May 10, 2005
1
2
3
AN ORDINANCE TO AMEND AND REORDAIN SECTION 21-205 OF
THE CITY CODE, PERTAINING TO FEES FOR SPECIAL PERMITS
FOR OVERSIZE AND OVERWEIGHT VEHICLES
SECTIONS AMENDED: 9 21-205
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
4
5
6
That Section 21-205 of the City Code is hereby amended and reordained, to read as follows:
7
Chapter 21 MOTOR VEHICLE AND TRAFFIC CODE
8
9
ARTICLE V. VEHICLE SIZE, WEIGHT AND LOAD; COMBINATIONS OF VEHICLES
10
11
Sec. 21-205. Special permits for oversize and overweight vehicles generally.
12
(a)
The city manager may, in his discretion, upon application in writing and good cause being shown
13
therefore, issue a special permit in writing authorizing the applicant to operate or move a vehicle upon
14
the highways of the city of a size or weight exceeding the maximum specified in this article. Except as
otherwise specifically provided, every such permit may designate the route to be traversed and contain
any other requirements or conditions deemed necessary by the city manager. For permits other than
those specified in subsections (b), (c) and (d), the following processing fees shall be charged:
15
16
17
18
(1 )
(2)
Annual (blanket) permit ... $125,00 $300.00
19
Mobile cr::me, ::mnu31 permit: Restricted Equipment... $75,00
20
First unit...125,OO
21
Each 3ddition31 unit...25.00
22
(3)
t4-}@
House move pormit(singlo inst3nce)... 75.00
23
Single trip permit...&OO $75.00
24
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 10th day of May, 2005
APPROVED AS TO CONTENT
lJ J
... ,,\
, . Q;vi \..A..
Management Services
CA9569
APPROVED AS TO LEGAL SUFFICIENCY
- 31 -
Item V-I.2.j.
ORDINANCES
ITEM # 53936
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance re FY 2005-2006 Operating Budget
AMEND ~33-71 of the City Code re permit fees for work on, over,
under or affecting streets and sidewalks
Voting: 9-2
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R, Jones, Richard A. Maddox,
Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Robert M. Dyer and Reba S. McClanan
Council Members Absent:
None
May 10, 2005
1
2
3
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 33 OF THE
CITY CODE, PERTAINING TO PERMIT FEES FOR WORK ON, OVER,
UNDER OR AFFECTING STREETS
SECTION AMENDED: 933-71
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
4
5
6
That Section 33-71 of the City Code is hereby amended and reordained, to read as follows:
7
Chapter 33 STREETS AND SIDEWALKS
8
9
ARTICLE II. WORK ON, OVER, UNDER OR AFFECTING STREETS
10
11
DIVISION 3. PERMIT, INSPECTION AND GUARANTEE FEES
12
Sec. 33-71.
Schedule.
13
(a)
Permit, inspection and guarantee fees for work for which a permit is required by this article shall
14
be required or not required in accordance with the following schedule:
Type of Project Permit Fee Inspection Fee Minimum Guarantee Fee
(a) One (1) permit for work $75.00 Based on 1.5% the total cost of Deposit in accordance with
of a continuing nature construction as provided in the estimated cost
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
temporary entrances
(c) Cutting, trimming or $75.00 $50.00 $25.00
spraying trees or
shrubs
(d) Blanket permit $75.00 $50.00 $0.00 Deposit in 3ccord3nco with
$300.00 estim~tod cost
(e) Single- or two-family $35.00 $0.00 $0.00
driveway aprons
(f) Work 3uthorized by $75.00 $0.00 $0,00
franchiso or certificate
of convenience ~md
necessity
Sinqle Permit $75.00
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 $7,500.00
plus1.5% of the construction cost
in excess of $7,500.00, with a
$50.00 minimum.
15
(b)
At the time easement or dedication plats are submitted a review fee in the amount of eighty-four
16 dollars ($84.00) shall be required.
17 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 10th day of May, 2005.
- 32-
Item V-I. 2. k.
ORDINANCES
ITEM # 53937
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance re FY 2005-2006 Operating Budget
ADD 98-31 and AMEND 998-31,8-31.1, 8-32, 8-33, and 8-34 of the
City Code re fees for permits, administrative fees for buildings,fences,
walls, plumbing, mechanical, life safety, elevator, gas, electrical and
establishing a fee for DFU pre-inspection
Voting: 8-3
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R, Jones, Richard A. Maddox,
Mayor Meyera E. OberndorJ, Jim Reeve, Peter W Schmidt, Ron A.
Villanueva and Rosemary Wilson
CounCil Members Voting Nay:
Robert M. Dyer, Reba S. McClanan and *James L. Wood
Council Members Absent:
None
Councilman Wood voted NAY re Item I.2.k. ~8-31, paragraph 16.1 DFU, pre-inspection fee
May 10, 2005
1 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 8 OF THE
2 CITY CODE, PERTAINING TO MINIMUM FEES FOR PERMITS, AND
3 ADMINISTRATIVE FEES FOR BUILDINGS, FENCES AND WALLS,
4 PLUMBING, MECHANICAL, LIFE SAFETY, ELEVATOR AND GAS,
5 AND ELECTRICAL AND ESTABLISHING A FEE FOR DFU PRE-
6 INSPECTION
7
8 SECTIONS AMENDED: 998-31, 8-31.1, 8-32, 8-33, 8-34
9 SECTION ADDED: 98-31 (C) (16.1)
10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
11 That Sections 8-31, 8-31.1, 8-32, 8-33, and 8-34 of the City Code are hereby amended and reordained, to
12 read as follows:
13 Chapter 8 BUILDINGS AND BUILDING REGULATIONS
14
15 ARTICLE II. VIRGINIA UNIFORM STATEWIDE BUILDING CODE
16 DIVISION 1. GENERALLY
17
18 Sec. 8-31. Permit fees - - Building Permits
19
20
(b)
(c)
The minimum fee for any building permit shall be thirty dollars ($30.00).
21
For the construction of any building or addition thereto where the floor area is increased and for
22 the installation or erection of any industrialized building unit, the fee shall be based on the floor area to be
23 constructed, as computed from exterior building dimensions at each floor, as follows:
24
(1 )
Residentialnliving area--Twenty five dollars ($25.00) Thirtv dollars ($30.00) plus seven
25
dollars ($7.00) for each one hundred (100) square feet or fraction thereof.
26
(2)
Residential--nonheated building area (residential accessory buildings and structures)n
27
Twenty Five dollars ($25.00) Thirtv dollars ($30.00) plus four dollars ($4.00) for each one hundred
28
(100) square feet or fraction thereof.
29
(3)
Businesses/mercantile--building area-- Twenty Five dollars ($25.00) Thirtv dollars
30
($30.00) plus eight dollars ($8.00) for each one hundred (100) square feet or fraction thereof.
31
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37
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47
48
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(4) Institutional--building area- Twenty Five doll3rs ($25.00) Thirtv dollars ($30.00) plus eight
dollars ($8.00) for each one hundred (100) square feet or fraction thereof.
(5) Assembly, churches, and government buildings--building area- r..\'enty Five dollars
($25.00) Thirtv dollars ($30,00) plus eight dollars ($8.00) for each one hundred (100) square feet or
fraction thereof,
(6) Storage--building area Twenty five doll3rs ($25,00) Thirtv dollars ($30.00) plus four
dollars ($4,00) for each one hundred (100) square feet or fraction thereof.
(7) Hazardous storage or occupancy--building area- T'Nenty Five doll3rs ($25,00) Thirtv
dollars ($30.00) plus eight dollars ($8.00) for each one hundred (100) square feet or fraction thereof,
(8) Industrial--building area- Twenty Fi'le dollars ($25.00) Thirtv dollars ($30.00) plus eight
dollars ($8.00) for each one hundred (100) square feet or fraction thereof.
(9) Farm buildings--building area- T'Nenty Five dollars ($25.00) Thirtv dollars ($30.00) plus
three dollars ($3.00) for each one hundred (100) square feet or fraction thereof. Farm buildings and
structures shall be subject to the requirements of this section; provided, however, that farm buildings
and structures not used for residential purposes shall not be subject to the technical requirements of
the Virginia Uniform Statewide Building Code.
(10) Alterations, repairs, private piers, bulkheads, pools, elevators, commercial interior finish,
miscellaneous structures and structures located in a Chesapeake Bay Preservation Area or a
Southern Watersheds Area for which a permit fee is not otherwise prescribed by this section,
including, but not limited to, patios and driveways--value of construction- Twenty Five doll3rs ($25.00)
Thirtv dollars ($30.00) plus five dollars ($5.00) for each one thousand dollars ($1,000,00) of value of
construction or fraction thereof.
(15) Tents: Tents and other temporary structures permit fee shall be tv.'enty five doll3rs
($25.00) Thirtv dollars ($30.00).
(16) Reinspection Fee: There shall be a minimum of fifty dollars ($50,00) additional fee
charged for each reinspection.
58 (16.1) DFU pre-inspection fee: There shall be a fifty dollar ($50,00) fee for pre-
59 inspections for DFU disconnections,
60 Sec. 8-31.1. Fences and walls.
61 (a) A permit shall be required for the construction, reconstruction, replacement or relocation of any fence or
62 wall located within thirty (30) feet of a public right-of-way, except fences or walls used principally for agricultural or
63 horticultural purposes in an AG Agricultural Zoning District. Any such fence or wall located upon more than one
64 (1) lot shall require a separate permit for each such lot, except lots under common ownership.
65 (b) The fee for permits required by this section shall be t'.venty five dollars ($25.00). thirty dollars ($30,00).
66 Sec. 8-32. Same--Plumbing permits.
67 (a) The fee for a permit for plumbing work, as required by the building code, shall be thirty dollars ($30.00)
68 and, in addition thereto, the following:
69 (1) Each plumbing fixture, floor drain or tap: Six dollars ($6,00).
70 (2) Each house sewer connection: Thirty dollars ($30.00).
71 (3) Each house water connection: Thirty dollars ($30,00).
72 (4) On-site sanitary sewer collector lines: one building--t\'1enty five doll3rs ($25,00) thirty dollars
73 ($30.00), two (2) or more buildings--fifty dollars ($50.00) for each building.
74 (5) On-site potable water distribution lines: one building- twenty five doll3rS ($25.00) thirty dollars
75 ($30.00), two (2) or more buildings--fifty dollars ($50.00) for each building,
76 (6) Public utilities ultra low flush toilet program: Twenty five dollars ($25.00) thirty dollars ($30,00) for
77 the first three (3) toilets plus five dollars ($5,00) for each toilet over three (3).
78 (b) The fees prescribed in this section shall be in addition to the sewer and water connection fees and
79 charges provided for in chapters 28 and 37 of this Code.
80 (c) On any plumbing work commenced before a plumbing permit has been issued and the requisite fee paid
81 therefore, an administrative fee of ona hundred doll3rs ($100.00) one hundred fifty dollars
82 ($150.00) per unit shall be added to the fee due. Payment of such administrative fee shall not in any way relieve
83 the violator from such penalties as may be imposed by the courts.
84 Sec. 8-33. Same--mechanical, life safety, elevator and gas permits.
85 (a) The minimum fee for the installation or replacement of mechanical/life safety systems or
86 equipment shall be thirty dollars ($30.00) plus five dollars ($5.00) for each one thousand dollars ($1,000.00) of
87 value or fraction thereof,
88 (b) The minimum fee for the installation of gas outlets for a gas piping system shall be thirty dollars
89 ($30.00) plus four dollars ($4.00) for each outlet.
90 (c) The minimum fee for the relocation of a gas meter shall be thirty dollars ($30.00),
91 (d) For annual inspections of elevators and escalators, the fees shall be as follows:
92 (1) Annual safety test and inspection:
93 a. Tractor/cable elevator--$1 00,00.
94 b. Hydraulic elevator--$100.00.
95 c, Freight elevators--$1 00,00,
96 d. Escalator--$100,OO.
97 (2) Five-year full rate load safety test and inspection:
98 a. Tractor/cable elevators--$1 00.00,
99 (e) On any mechanical, life safety, elevator or gas work commenced before a mechanical permit has
100 been issued and the requisite fee paid therefore, and administrative fee of one hundred doll3rs ($100.00) one
101 hundred fifty dollars ($150.00) per unit shall be added to the fee due, Payment of such administrative fee shall not
102 in any way relieve the violator from such penalties as may be imposed by the courts.
103 Sec. 8-34. Same--Electrical permits.
104 (a) The fee for a permit for electrical work, as required by the building code, shall be as specified in
105 this section.
106 (b) There shall be charged a minimum fee of thirty dollars ($30,00) for each permit issued.
107 (c) For a permit issued for a temporary service, such as a trailer, house meter or meter loop added to
108 an existing service, the fee shall be thirty dollars ($30.00).
109 (d) For a permit for any special condition, such as and including temporary electrical release for
110 construction purposes, buildings moved, swimming pools, carnivals, services relocated but not increased and the
111 (e) like, the fee shall be a minimum of fifty dollars ($50.00). The fee for a permit for prefabricated
112 buildings for out-of-city use shall be thirty dollars ($30.00),
113 (f) For a permit issued for original construction, the following fees include all equipment outlets only
114 if specifically listed on the application and installed by the permit holder before the final inspection, such fees
115 being based on the maximum current carrying capacity of each set or subset of service conductors installed, to
116 the nearest fifty (50) amperes:
117 (1) Single-phase: Thirty dollars ($30.00) plus twenty dollars ($20.00) for each fifty (50)
118 amperes.
119 (2) Three-phase: Eighty dollars ($80.00) for the first fifty (50) amperes plus twenty dollars
120 ($20.00) for each additional fifty (50) amperes.
121 When services are increased or phases added, the fee shall be one-half the rate above, plus the added
122 equipment fee. For fee purposes, the service-panel nameplate amperage rating shall be used.
123 (g) For each piece of equipment connected and for each circuit or feeder installed, extended,
124 relocated or repaired, the fee shall be twenty five dollars ($25,00) thirty dollars ($30.00) plus five dollars ($5.00)
125 per circuit.
126 (h) On any electrical work commenced before an electrical permit has been issued and the requisite
127 fee paid therefore, an administrative fee of one hundred dollars ($100.00) one hundred fifty dollars ($150.00 per
128 unit shall be added to the fee due. Payment of such administrative fee shall not in any way relieve the violator
129 from such penalties as may be imposed by the courts,
130 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 10th day of May, 2005
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
<~9~ D ~\<~_
Management Services
CA9571
,
L-____
- 33-
Item V-L2.1.
ORDINANCES
ITEM # 53938
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance re FY 2005-2006 Operating Budget
AMEND 92-83 of the City Code re designation of Holidays adding the
day after Thanksgiving
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 2005
1 AN ORDINANCE TO AMEND THE LANGUAGE OF THE CITY
2 CODE PERTAINING TO HOLIDAYS
3 SECTION AMENDED: S 2-83
4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA:
6 That Section 2-83 of the Code of the City of Virginia Beach, Virginia is hereby amended
7 and reordained to read as follows:
8 Sec. 2-83.
Holidays.
9 (a)
The following days are designated as full-paid "holidays" and shall be so observed by the
10 city. All permanent and probational merit employees shall be covered by the provisions of this
11
section.
(1 )
(2)
(3)
(4)
(5)
(6)
(7)
(8)
~ill
{91Q}
twill
26 If any holiday enumerated in (1) through ~ill above falls on a Saturday or Sunday, the city
27 manager shall determine when the holiday will be observed and shall so notify affected
28 employees and the public at least thirty (30) days prior to the holiday. If no such notice is provided
29 by the city manager, then when any holiday enumerated in (1) through ~ill above falls on a
30 Saturday, the Friday next preceding such a day shall be a holiday, and when any holiday
31 enumerated in (1) through {Sill above falls on a Sunday. the Monday next following such day
32 shall be a holiday,
33
34 (d)
Employees who have been in a non pay status for more than fourteen (14) days prior to
35 any holiday shall not be eligible for compensation for holidays (1) through ~llQ} listed in
36 paragraph (a) above, In addition to the above holidays. employees with ten (10) years or more
37 tenure shall receive a day off during the pay period of their birthday as a paid holiday. This day
38 cannot be accrued as annual leave. Any employee not taking the birthday holiday shall not be
39 eligible for overtime payor compensatory time for not doing so.
40 Adopted by the Council of the City of Virginia Beach, Virginia on the t...O-t-h.- day of May-. 2005,
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
Management Services
J)~ Q,n ~
CA9560
- 34-
Item V-I.3.
ORDINANCES/RESOLUTIONS
ITEM # 53939
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance to AMEND City Code 9936-57, 36-58 and 36-61 re Charter
Bus parking and stopping in the Resort Area,
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R, Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 2005
1 AN ORDINANCE TO AMEND 55 36-57, 36-58 AND 36-
2 61 OF THE CITY CODE PERTAINING TO CHARTER BUS
3 PARKING
4
5 SECTIONS AMENDED: 55 36-57, 36-58 AND 36-61
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Sections 36-57, 36-58 and 36-61 of the City Code are
11 hereby amended and reordained, to read as follows:
12
Sec. 36-57.
Parking or stopping of charter buses.
13
(a) Except as otherwise provided herein, the parking of any
14 charter bus or stopping of any charter bus for the purpose of
15 picking up or discharging passengers shall be prohibited between
16 ~pril 1 ~nd September 30 the Friday immediately preceding Memorial
17 Day and the Tuesday immediately following Labor Day, inclusive, of
18 every calendar year on all municipal parking lots and all public
19 streets in the following areas:
20 (1) An area bounded on the west by Birdneck Road, on the
21 south by Rudee Inlet and Lake Rudee, and on the east and
22 north by the boundaries of the Beach District, except
23 that charter buses may stop for no more than fifteen (15)
24 minutes to pick up or discharge passengers on 19th Street
25 at Arctic Avenue in a zone designated "15 Minute Charter
26 Bus Loading and Unloading." Furthermore, the 4 th St reet
27 Public Parking Lot located by Rudee Inlet Loop has been
28
designated as a pickup and discharge zone with fee
1
29 parking for charter buses on a first-come, first-served
30 basis.
31 (2) An area bounded on the south by Bay Colony Drive, on
32 the west by the Linkhorn Bay and Seashore State Park, on
33 the north by 89th Street, and on the east by the Atlantic
34 Ocean; including but not limited to those communi ties
35 denoted as North Virginia Beach, Princess Anne Hills, Bay
36 Colony and Cavalier Park.
37 (3) An area bounded on the south by Camp Pendleton, on
38 the west by Lake Rudee, on the north by Rudee Inlet, and
39 on the east by the Atlantic Ocean; including but not
40 limited to those communities denoted as Southside, Harbor
41 Point and Croatan Beach.
42 (b) The city manager or his designee may authorize the
43 parking or stopping of charter buses in locations and at times
44 otherwise prohibited by subsection (a). Such authorization, if
45 granted, shall be in writing, a copy of which shall be in the
46 possession of the charter bus driver.
47 Sec. 36-58. Parking and discharge of passengers at Virginia Beach
48 ra~ilion Convention Center.
49 All charter buses may park in the designated bus parking
50 spaces at the east end of the parking lot of the Virginia Beach
51 PCl7ilion Convention Center by first obtaining a permit from the
52 security office of the Virginia Beach PCl7ilion Convention Center.
2
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
All charter buses parking at the Virginia Beach r~vilion Convention
Center must have such permit prominently displayed on the left side
of the windshield at all times while parked within the parking lot
of the Virginia Beach r~vilion Convention Center.
The number of permits issued shall be determined by the number
of available spaces for buses at the Virginia Beach r~TJilion
Convention Center, and shall be allotted on a first-come, first-
served basis.
All charter buses may pick up or discharge passengers in the
parking lot of the Virginia Beach r~vilion Convention Center
without obtaining a permit provided that such charter bus does not
remain parked in the parking lot in excess of fifteen (15) minutes.
Sec. 36-61.
Exemptions.
Charter buses that provide transportation to and from
convention hotels to the p~vilion Convention Center are exempt.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 10th day of May, 2005.
3
- 35 -
Item V-I.4.
ORDINANCES/RESOLUTIONS
ITEM # 53940
Upon motion by Councilman Maddox, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinances re Surreys in the Resort Area:
a. ADD 97-71 to the City Code re regulating the rental and use of
Surreys
b. City Policy re "Rental of Surreys in the Resort Area"
James Ricketts, Director - Convention and Visitors Bureau, advised there are seven (7) rental agencies
located on the western side of Atlantic Avenue, If the owner terminates his business, or the business is sold,
the rental of surreys is not transferrable. Therefore, there will be attrition on the west side of Atlantic
Avenue. From 1998 to 2001, the total number of agencies renting surreys grew from one (1) to eighteen (I 8),
while the number of surreys grew from ten (10) to approximately one hundred one (101). By the Summer of
2004, an estimated 171 surreys was being rented at 27 different locations, and by April 2005, the number
increased to 185 surreys. This ordinance would cap the number of Surreys allowed, a maximum of 7 per
vendor. The regulations are posted on the surreys. The surreys can only be ridden on the connector and bike
paths. The City Manager advised if the Ordinance is not adopted, there will not be a "cap" on the number
of surreys.
Councilman Maddox requested Staff continue to seek ways of enforcement
Voting: 8-3
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Richard A. Maddox,
Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A,
Villanueva, Rosemary Wilson
Council Members Voting Nay:
Robert M. Dyer, Reba S. McClanan and James L. Wood
Council Members Absent:
None
May 10, 2005
1
2
3
4
5
6
7
8
AN ORDINANCE TO AMEND THE CITY CODE TO
REGULATE THE RENTAL AND USE OF SURREYS
IN THE RESORT AREA
SECTION ADDED: City Code ~ 7-71
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That a new Article V of Chapter 7, consisting of Section 7-
11 71, is hereby added to Chapter 7 of the City Code, to read as
12 follows:
13
ARTICLE V. SURREyS.
14 Sec. 7-71. Use of surreys at resort area
15 ~ A surrey that has a permit issued by the City Manager
16 or his designee may be operated on the resort area bike path or
17
the connecting oceanfront plazas.
Such operation shall be
18 subject to the following restrictions.
19 lQl It shall be unlawful for any person to operate a surrey
20 or any similar device on the resort area Boardwalk or its
21 adjacent grassy areas, in resort area parks, or on resort area
22 sidewalks and streets from Rudee Inlet to 42nd Street and from
23 the sandy beach to Parks Avenue.
24
(c) It shall be unlawful for any person to operate a
25 surrey in a manner that blocks traffic on the bicycle path,
1
1-----
26 interferes with pedestrians, or endangers the life, limb or
27 property of the operator or any other person.
28 ls!l It shall be unlawful for any person under fourteen
29 (14) years of age to operate a surrey unless under the immediate
30 supervision of a person who is at least eighteen (18) years of
31 age.
32
M It shall be unlawful for any person to provide or
33 offer to provide a surrey for operation in the resort area that
34 does not have a permit issued by the City Manager.
35 ill It shall be unlawful for any person to store or park
36 any surrey on city property without the written authorization of
37 the City Manager or his designee.
38 (g) The Resort Management Office shall provide all surrey
39 rental businesses the date and times that permitted Boardwalk
40 events will necessitate closing of the bike path. It shall be
41 unlawful to provide rental surreys to customers during those
42 designated time periods.
43 Adopted by the City Council of the City of Virginia Beach,
44 Virginia, on this 10th day of May, 2005.
2
.._~
1
2
3
4
5
6
AN ORDINANCE APPROVING
ADOPTING A POLICY PERTAINING
THE RENTAL OF SURREYS IN
RESORT AREA
AND
TO
THE
7
WHEREAS, the Council of the City of Virginia Beach hereby
8 finds that the proliferation of surreys (four-wheeled, multi-
9 passenger pedal-powered vehicles)
at the resort area has
10 resulted in increased congestion and safety problems for the
11 resort area; and
12
WHEREAS, the Council further finds that regulating surreys
13 by (i) prohibiting their use on the Boardwalk and the resort
14 sidewalks and streets; (ii) requiring a permit; (iii) limiting
15 the number of permits that may be issued; and (iv) establishing
16 reasonable rules for the operation of surreys in the resort
17 area, will protect the safety of the public and ensure the
18 orderly use of public recreational facilities.
19
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
20 CITY OF VIRGINIA BRACH, VIRGINIA:
21
1.
That the City Council hereby approves and adopts the policy
22 entitled, "Rental of Surreys in the Resort Area," dated April
23 12, 2005, a copy of which is attached.
24
2 .
That the City Manager and staff are hereby directed to take
25 all steps necessary to implement this policy.
Adopted by the City Council of Virginia Beach, Virginia on
this 10th day of May
2005.
APPROVED AS TO CONTENTS:
:JkL Z
Convention & Visitors Bureau
CA-9104
H:\PA\GG\ORDRES\Surrey Policy ORD.doc
R2
April 12, 2005
APPROVED AS TO LEGAL
SUFFICIENCY:
~~~
City Attorney's Office
City Council Policy
Title: Rental of Surreys in the Resort Area Index Number:
Date of Adoption: May 10, 2005 Page 1 of 2
1.0 Purpose and Need
The purpose of this policy is to regulate surreys at the resort area to protect the public safety and ensure orderly
use of public recreational facilities. This policy supplements the provisions of Article V, Chapter 7 of the City
Code.
2.0 Definitions
Identifiable rental surrev: A surrey owned by a rental business, as of the adoption of this policy, that has provided
the following information to the Resort Management Office: (1) manufacturer of surrey; (2) color of surrey; and
(3) owner of surrey.
Resort area: The resort area Boardwalk, its adjacent grassy area, resort area parks, and resort area sidewalks
and streets from Rudee Inlet to 4200 Street and from the sandy beach to Parks Avenue.
Surrev: A four-wheeled pedal-powered vehicle capable of seating two (2) or more persons.
3.0 Permit Requirements
(a) A permit shall be required for each surrey that is offered as a rental or operated on the resort area bike path or
connecting oceanfront plazas. The fee for each permit shall be ten dollars ($10.00). Permits shall be valid for one (1)
year from the date of issuance.
(b) Permits shall not be granted for surreys rented from businesses located west of Atlantic Avenue, except that any
persons who owns or manages a business, located west of Atlantic Avenue, that owns identifiable rental surreys as of
the adoption date of this policy, may obtain annual permits for up te seveR (7) those identifiable rental surreys. Such
businesses mav not obtain oermits for anv additional surrevs if the number of surrevs rented from that location exceeds
seven (7). The right to rent surreys from a business located west of Atlantic Avenue is not transferable to subsequent
owners, operators, or businesses.
(c) Applications for surrey permits shall be made to the Convention and Visitors Bureau's Resort Management
Office. The permit application shall identify the surrey (including its color and manufacturer), its owner, the surreys
storage location, and the surreys rental location. The application shall also list the name of a manager for each rental
location, as well as provide the business mailing address and/or facsimile number.
(d) No permit shall be issued without the Zoning Administrator's or hislher designee's certification that any proposed
storage or rental facilities for surreys are permitted by the zoning ordinance and are not located on city property. No
business shall be issued more than seven (7) permits for any rental location.
Title: Rental of Surreys in the Resort Area Index Number:
Date of Adoption: May 10, 2005 Page 2 of 2
(e) A decal indicating that the required permit has been obtained for an identifiable rental surrey shall be displayed
prominently on any surrey used or offered for rent in the resort area. Each permitted surrey shall affix a permanent sign
that is visible to the operator, and enumerates the following statements:
1. No riding surreys on the Boardwalk, sidewalks, grassy areas or streets.
2. No one under 14 years old may operate this surrey unless accompanied by a supervising adult. .
3. No person or persons may ride outside of the surrey.
(f) The signs affixed to those surreys rented from locations west of Atlantic Avenue shall also include the following
statement: Do not ride surrey on any street - surreys may only be walked across Atlantic Avenue at marked crosswalks
while en route to the Boardwalk or when returning surrey to rental location.
4.0 Grant of Permits
The City Manager or his designee is hereby authorized and directed to develop guidelines for the issuance, suspension
and revocation of surrey permits. Such guidelines may address topics induding, but not limited to, equipment standards,
maintenance, cleanliness, identification, and the size and seating capacity of surreys. The guidelines shall also prohibit
posting advertisements on surreys.
5.0 Permit Revocation or Suspension; Temporary Prohibition on Surrey Operation
(a) Any permit for the operation of a surrey may be revoked or suspended by the City Manager for:
1. any violation of this policy;
2. any violation of the guidelines published by the City Manager; or
3. any material misrepresentation, intentional or otherwise, made in the permit application.
(b) The revocation or suspension notice shall be faxed or hand-delivered to the surrey's rental location, and shall be
effective upon receipt. After receipt of this notice, the rental business's owner or designee shall immediately discontinue
or cause to be discontinued the operation or use of permitted surreys as provided in the notice. Thereafter, the rental
business' owner or designee shall be entitled to a hearing before the City Manager or his designee within ten (1 0) days
of the effective date of the revocation or suspension.
(c) The City Manager, the Chief of Police, or the Chiefs designee, may temporarily prohibit the operation of surreys
in the resort area under the following conditions:
1. when weather conditions make the operation of surreys unsafe;
2. when congestion on the resort area bike path makes the operation of surreys unsafe; or
3. when otherwise required in the interest of public health, safety or welfare.
- 36-
Item V-I.5.
ORDINANCES/RESOLUTIONS
ITEM # 53941
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance to AUTHORIZE $120,000 from the CIP Budget (Pavilion
Theatre Replacement) re a like grant to the Virginia Beach Performing
Arts Center Foundation
Voting:
10-1 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard
A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt,
Ron A, Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
May 10, 2005
1
2
3
4
5
6
7
8
AN ORDINANCE TO AUTHORIZE THE
EXPENDITURE OF $120,000 FROM CIP 3-283
(PAVILION THEATRE REPLACEMENT) AS A
GRANT TO THE VIRGINIA BEACH PERFORMING
ARTS CENTER FOUNDATION
WHEREAS, City Council has appropriated $35 million for
9 construction of a performing arts theater at Town Center, with
10 approximately $12.5 million in additional funding to be provided
11 by private contributions;
12
WHEREAS,
the
Virginia
Beach
Performing
Arts
Center
13 Foundation has been created and incorporated to solicit and
14
facilitate
private
contributions
for
the
performing
arts
15 theater; and
16
WHEREAS,
the
Virginia
Beach
Performing
Arts
Center
17 Foundation requires seed money for fundraising purposes;
18
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
19 OF VIRGINIA BEACH, VIRGINIA:
20
That the expenditure of $120,000 from Capital Improvement
21 Project #3-283 (Pavilion Theatre Replacement) for the purpose of
22 providing a grant in like amount to the Virginia Beach
23 Performing Arts Center Foundation (the "Foundation") to be used
24 by the Foundation as seed money for fundraising purposes, is
25 hereby authorized, it being anticipated that, to the extent of
26 funds raised by the Foundation from other sources, the aforesaid
27 grant will be reimbursed to the City.
28
Adopted by the Council of the City of Virginia Beach,
29
Virginia on the 10th
day of May
, 2005.
Approved as to Content:
~~tq~r~
Approved as to Legal
Sufficiency
Z~~
City Attorney
CA-9609
P&A\GG\ordres\VBPACFord.doc
May 3, 2005
R-l
2
- 37-
Item V-I. 6.
ORDINANCES/RESOLUTIONS
ITEM # 53942
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Ordinance to A UTHORIZE acquisition of property in fee simple for
right-of-way and easements, by agreement or condemnation, re Shore
Drive intersections at Treasure Island Drive, Marlin Bay Drive and
Shady Oaks Drive
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 2005
1 AN ORDINANCE TO AUTHORIZE ACQUISITION
2 OF PROPERTY IN FEE SIMPLE FOR RIGHT OF
3 WAY FOR SHORE DRIVE INTERSECTIONS -
4 DEMONSTRATION PROJECT (CIP 2-115) AND
5 THE ACQUISITION OF TEMPORARY AND
6 PERMANENT EASEMENTS, EITHER BY
7 AGREEMENT OR CONDEMNATION
8
9
10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public
11 necessity exists for the construction of this important roadway project to improve transportation
12 within the City and for other related public purposes for the preservation of the safety, health, peace,
13 good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach.
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 Section 1. That the City Council authorizes the acquisition by purchase or condemnation
17 pursuant to Sections 15.2-1901, et seq., Sections 33.1-89, et seq., and Title 25.1 of the Code of
18 Virginia of 1950, as amended, of all that certain real property in fee simple, including temporary and
19 permanent easements and entire tracts upon which such rights of way or easements shall be located,
20 within the limitations and conditions of Section 33.1-91 of the Code of Virginia of 1950, as amended
21 (the "Property"), as shown on the plans entitled "CITY OF VIRGINIA BEACH, VIRGINIA
22 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION SHORE DRIVE
23 IMPROVEMENTS DEMONSTRATION PROJECT CIP # 2-115," (the "Project") and more
24 specifically described on the acquisition plats for the Project (plats and plans collectively referred to as
25 the "Plans"), the Plans being on file in the Engineering Division, Department of Public Works, City of
26 Virginia Beach, Virginia,
27 Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf
28 of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners
.
29 or persons having an interest in said Property. If refused, the City Attorney is hereby authorized to
30 institute proceedings to condemn said Property.
31
32
33
34
35
36
37
38
39
Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of
Mt=ly ,2005.
~D: 10/21/04
REVISION: 3/29/05
APPROVED AS TO CONTENT
40
41
42
~! ('. ~.s",
GNATURE
Pm RCAI E$tJi
DEPARTMENT
43
44
45
46
47
48
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
49
~-I-4L
50
51
52
53
54
CITY ATTORNEY
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PREPARED BY PM' ENG. CADD DEPT,
MARCH 18,2005
- 38-
Item V-I. 7.
ORDINANCES/RESOLUTIONS
ITEM # 53943
The following registered to speak in SUPPORT:
Bobby Rountree, 1750 Tomcat Boulevard, Phone: 433-2553, NAS Oceana Planning Policy Department
Director, AICUZ Member - JLUS Policy Committee, represented Captain Keeley, Commanding Officer-
NAS Oceana. Oceana is actively lobbyingfor encroachment partneringfunds for their FY 2006 Operating
Budget to support the City through its Agricultural Reserve Program (ARP) and Conservation groups to
preserve open space as well as provide a return on investment to property owners who are affected by some
of the JLUS recommendations and at the same time providing a buffer for NAS Oceana.
The following registered in OPPOSITION:
Reverend Tom Conant, 1405 Powder Ridge Court, Phone; 471-8886, Pastor of Christian Chapel
Assembly of God. Since April 13, 2004, their application has been deferred pending completion
of the Joint Land Use Plan (JLUS). The Lynnhaven Presbyterian Church application presented during
the same City Council Session was approved. Reverend Conant requested reconsideration of the
Deferral. A copy of Reverent Conant's statement is hereby made a part of the record.
Alvin Chandler Calvert, 2801 Rose Garden Way, Phone: 438-6182, long standing member of Christian
Chapel Assembly of God. The average attendance for Sunday services is 210 (spread out over 2
services). Interest rates and building costs are increasing.
Tim Roscher, Phone: 474-1875, represented Christian Chapel Assembly of God Representatives of
the Church have met with Captain Keeley, Mr. Rountree and his staff to determine the Navy's opposition.
On the Church's application, nursery and classrooms were listed, which the Navy had interpreted as
operating a daycare center and school. This is not the case. The nursery is only for housing the
small children during Sunday services and the classrooms are just for Sunday school. The Church
has been given a verbal approval by the Navy, if the Conditional Use is more specifically detailed.
Upon motion by Councilman Reeve, seconded by Councilman Maddox, City Council ADOPTED:
Resolutions re Joint Land Use (JLUS)
a. EXTEND Interim Guidelines governing applications re
development in Air Installation Compatible Use Zones (AICUZ)
b. ACCEPT the final Hampton Roads Joint Land Use Study
(JLUS) and DIRECT the City Manager to provide Ordinances
to implement their recommendations
The City Staffwas directed to come back with recommendations re Christian Assembly of God Conditional
Use Permit and its status.
May 10, 2005
- 39-
Item V-I. 7.
ORDINANCES/RESOLUTIONS
ITEM # 53943 (Continued)
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 2005
1
2
3
4
5
6
7
A RESOLUTION EXTENDING THE INTERIM
GUIDELINES GOVERNING APPLICATIONS
FOR DEVELOPMENT IN AIR
INSTALLATIONS COMPATIBLE USE ZONES
(AICUZ)
WHEREAS, on February 10, 2004, the City Council
8
adopted
Interim
Guidelines
Governing
Applications
for
9 Development in Air Installations Compatible Use Zones (AICUZ)
10 (the "Guidelines), which had been developed by the Task Force on
11 Land Use in Air Installations Compatible Use Zones and
12 recommended to the City Council by the Task Force on February 3,
13 2 0 04; and
14 WHEREAS, the said Guidelines were amended on March 23,
15 2 0 04; and
16
WHEREAS, the Guidelines provided, in pertinent part,
17 that certain applications for discretionary approvals should be
18 deferred by the Planning Commission or City Council, as the case
19 may be, pending completion of the Joint Land Use Study; and
20
WHEREAS, the Joint Land Use Study has been completed;
21 and
22
WHEREAS, the City is In the process of developing the
23 AICUZ Overlay Ordinance, which, among other things, will provide
24 rules regarding decisions by the City Council on land use
25 applications coming before it; and
26
WHEREAS, it is anticipated that the AICUZ Overlay
27 District Ordinance will be brought before the City Council in
28 the Fall of 2005; and
29 WHEREAS, because the same reasons for deferring action
30 on applications within the purview of the Guidelines pending
31 completion of the Joint Land Use Study remain applicable pending
32 adoption of the AICUZ Overlay District Ordinance, the City
33 Council deems it appropriate and in the public interest, pending
34 adoption of the AICUZ Overlay District Ordinance, to continue to
35 treat discretionary land use applications in the same manner as
36 is set forth in the Guidelines;
37
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
38 CITY OF VIRGINIA BEACH, VIRGINIA:
39 That the Interim Guidelines Governing Applications for
40 Development in Air Installations Compatible Use Zones (AICUZ)
41 are hereby amended so as to extend the period during which they
42 are operative, as follows:
43
44
45
46
47
48
Amended Interim Guidelines Governing Applications
for Development in Air Installations Compatible
Use Zones (AICUZ)
1.
Purpose.
49
The City of Virginia Beach has agreed to engage with
50
the Navy in a Joint Land Use Study (JLUS) to resolve
51
conflicts between development and jet aircraft operations
2
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
near NAS Oceana.
This agreement necessitates a careful
balance between the City's commitment to act in a timely
manner on land use proposals in the affected area and the
City's commitment to partner with the Navy to carefully and
comprehensively work toward a mutually acceptable land use
solution.
It is reasonably anticipated that the JLUS
effort will take at least six (6) months and perhaps a year
to complete, such that this passage of time will work
against the interests of those citizens seeking quick
resolution to their land use issues. Accordingly, the City
Council of the City of Virginia Beach sets forth these
interim guidelines intended to move forward, for resolution
on their merits, those rezoning and conditional use per.mit
requests that are impacted by the AICUZ program but whose
impact is not deemed detrimental to the desired balance to
be struck through the JLUS effort.
2. Application.
(a) These guidelines govern the procedural aspects of
discretionary development applications (i. e., applications
for rezonings, conditional zonings and conditional use
per.mits requiring hearing by the City Council and Planning
Commission)
pertaining to property located wholly or
3
74
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76
77
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80
81
82
83
84
85
86
87
88
89
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92
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96
partially within an Air Installations Compatible Use Zone
(AICUZ)
(b) These guidelines do not apply to the review of
subdivision plats, site plans or other forms of review of
proposed developments not requiring the approval of the
Ci ty Council i to applications for discretionary approvals
of land uses not deemed incompatible under Table 2
(Suggested Land Use Compatibility in Noise Zones) or Table
3 (Suggested Land Use Compatibility in Accident Potential
Zones) of the Department of the Navy's AICUZ Program
Procedures and Guidelines for Department of the Navy Air
Installations
applications
(OPNAV
Instruction
110lO.36B);
or
to
for
discretionary
approvals
on property
entirely outside of an AICUZ area.
Guidelines.
(a) Infill development on tracts or parcels of less
than ten (IO) acres, where all of the following conditions
3.
are present should be considered by the Planning Commission
and City Council in the normal course and should be decided
on the merits of the application:
(I) the existing zoning
is unreasonable; (2) the requested action would give rise
to development substantially similar to that on surrounding
properties; and (3)
the requested use is the least
4
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
intensive necessary
to
achieve
consistency with
the
surrounding properties
(b) Development proposals for property wholly or
partially located in AICUZ areas and not meeting the
cri teria set forth in subsection (3) (a) above should be
considered by the Planning Commission and City Council in
the normal course and should be decided on the meri ts of
the application where all of the following conditions are
present:
(1)
the property is not located, wholly or
partially, within an Accident Potential Zone;
(2) the
development proposal
represents
the
lowest reasonable
density or intensity for the property, given its location
and surrounding land uses; (3) the property is not located,
wholly or partially, within a noise zone greater than 70 dB
Ldn (except where the uses proposed are deemed compatible
with their location in such noise zone pursuant to Section
221.1
of
the
City
Zoning
Ordinance);
and
(4 )
all
appropriate noise attenuation measures specified by Section
221.1 of the City Zoning Ordinance are provided.
(c) All other applications should be deferred by the
Planning Commission or City Council, as the case may be,
pending completion adoption of the Joint Land Uoe Study
AICUZ Overlay Ordinance.
5
120
121
122
Adopted by the Council of the City of Virginia Beach,
123 Virginia, on the 10th day of M~y
, 2005.
CA-9605
OID\Land Use\ordres\AICUZ\extendinterimguidelinesres.doc
R-1
May 3, 2005
APPROVED AS TO CONTEBNT:
APPROVED AS TO
MIx2 S....""$..a5'
\r~
Planning ~partment
C
6
ENCY:
1
2
3
4
5
6
7
8
A RESOLUTION ACCEPTING THE FINAL
HAMPTON ROADS JOINT LAND USE STUDY
AND DIRECTING THE CITY STAFF TO
BRING FORWARD ORDINANCES
IMPLEMENTING THE RECOMMENDATIONS
THEREOF
WHEREAS, pursuant to Resolution No. 3031, adopted on
9 January 6, 2004, the City Council committed to participate in a
10 Joint Land Use Study, the purpose of which was to provide
11 recommendations regarding land use policy to reduce the impacts
12 associated with military air operations; and
13
WHEREAS, the said Resolution also provided that the
14 City shall implement such recommendations of the Study as are
15 appropriate; and
16
WHEREAS, the Joint Land Use Study has been completed
17 and presented to the City Council, and a public hearing on the
18 final Study was held on May 3, 2005;
19
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
20 CITY OF VIRGINIA BEACH, VIRGINIA:
21 That the City Council hereby accepts the Final Hampton
22 Roads Joint Land Use Study dated April, 2005 and directs the
23 City Staff to bring forward to the City Council all appropriate
24 ordinances implementing the recommendations thereof pertaining
25 to the City of Virginia Beach, including, but not limited to,
26 the preparation of a draft AICUZ Overlay Ordinance to be
27 presented to the City Council for its consideration.
27 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29 That the City Council hereby expresses its gratitude
30 to the United States Navy, the Cities of Norfolk and Chesapeake,
31 the members of the Policy Committee and Technical Committee
32 (Working Group), the Office of Economic Adjustment, the Hampton
33 Roads Planning District Commission, members of the public who
34 attended public hearings and meetings on the Study, and all
35 others whose efforts contributed to the completion of the Final
36 Hampton Roads Joint Land Use Study.
37
38
Adopted by the Council of the City of Virginia Beach,
39 Virginia, on the 10th day of May
, 2005.
CA-9608
OID\Land Use\ordres\AICUZ\FinalJLUSres.doc
R-1
May 4, 2005
APPROVED AS TO CONTEBNT:
APPROVED AS
CY:
Planning ~rt::~()5
City Attorney's
2
- 40-
Item V-L8.
ORDINANCES/RESOLUTIONS
ITEM # 53944
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED:
Resolution to DIRECT the City Manager perform a Pubic Safety
Compensation Review
Council Members Diezel and Wood will serve as Council Liaisons
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E, Diezel, Robert M Dyer, Vice Mayor Louis R, Jones, Reba
S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 2005
1 REQUESTED BY COUNCILMEMBERS JAMES L. WOOD AND HARRY E. DIEZEL
2
3
4 A RESOLUTION DIRECTING THE CITY
5 MANAGER TO PERFORM A PUBLIC SAFETY
6 COMPENSATION REVIEW
7
8
9 WHEREAS, the City's Public Safety Departments are facing
10 challenges in the recruitment and retention of sworn employees; and
11
WHEREAS, the Police Department currently has approximately
12 sixty (60) vacant positions; and
13 WHEREAS, the Police Department has lost a number of officers,
14 including ones performing highly specialized duties, to federal
15 employment; and
16 WHEREAS, salary compression issues significantly impact public
17 safety positions;
18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20
1.
That, as a means of addressing the foregoing
21 concerns, the City Manager is hereby directed to perform a Public
22 Safety Compensation Review, in which the issues germane to the
23 compensation and benefits of Public Safety Employees shall be
24 examined;
25
2.
That the findings and recommendations of the
26 aforesaid Public Safety Compensation Review shall be provided to
27 the City Council by no later than December 31, 2005; and
28
3.
That Councilmembers James L. Wood And Harry E.
29
29 Diezel are hereby appointed City Council liaisons in this matter.
30
31
Adopted by the Council of the City of Virginia Beach,
32
Virginia, on the 10th day of May
, 2005.
33
34
CA-9607
P&A\GG\ordres\compstudy.res
R-3
May 4, 2005
APr};}f;o;VtM;;;JNCY'
City Attorney's Office
2
Item J.
PLANNING
1. PLEASANT GROVE BAPTIST CHURCH
2. COASTAL COMMUNITY CHURCH
3. APC REALTY & EQUIPMENT CO. LLC,
SPRINTCOM,INC. AND SPRINT PCS
4. CSM, L.L. C.
5. SANDLER AT ASHVILLE PARK, LLC.
6. CITY OF VIRGINIA BEACH
- 41 -
ITEM # 53945
MODIFICATION OF CONDITIONS re a
CONDITIONAL USE PERMIT
(APPROVED: January 22, 1990)
MODIFICATION OF CONDITIONS re
CONDITIONAL USE PERMIT
(APPROVED: October 28, 1997)
CONDITIONAL USE PERMIT
CHANGE OF ZONING
CONDITIONAL CHANGE OF ZONING
CHANGE OF ZONING
COMMUNICATIONS AND
INFORMATION TECHNOLOGY
(CONDITIONAL USE PERMIT)
May 10, 2005
- 42-
Item J.
PLANNING
ITEM # 53946
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED IN ONE
MOTION Items 1, 2, 3 and 6alb of the PLANNING BY CONSENT AGENDA,
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
Council Lady McClanan voted a VERBAL NAY on Item J,3 (APC REALTY /SPRINTCOM/SPRINT)
May 10, 2005
- 43-
Item J.1.
PLANNING
ITEM # 53947
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council MODIFIED the
application of PLEASANT GROVE BAPTIST CHURCH to allow a Child Care Center within the existing
church re a Conditional Use Permit, (approved by City Council January 22, 1990):
ORDINANCE UPON APPLICATION OF PLEASANTGROVE BAPTIST
CHURCH FOR THE MODIFICATION OF CONDITIONS FOR A
CONDITIONAL USE PERMIT APPROVED BY CITY COUNCIL ON
JANUARY 22,1990 R050531248,
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Pleasant Grove Baptist Church for the
Modification of Conditions for a Conditional Use Permit approved by
City Council on January 22, 1990. The request is for a child care
education center in conjunction with the church. Property is located at
2153 Kempsville Road (GPIN 14545857800000). DISTRICT 1 -
CENTERVILLE
The following conditions shall be required:
1. The applicant shall obtain all necessary permits, inspections and
approvals from the Fire Department and the Permits and
Inspections Division of the Planning Department before the day
care occupancy of the building. A Certificate of Occupancy for
the use shall be obtained from the Permits and Inspections
Division of the Planning Department.
2. The applicant shall maintain a childcare license with the
Commonwealth of Virginia. Failure to maintain childcare license
shall result in revocation of the Conditional Use Permit.
3. The childcare center is limited to a maximum of seventy (70)
children. The center shall not care for more than five children
under the age of 2-1;2,
4. The "Play Area" for the day care shall be located as shown on
the submitted plan entitled "Layout Plan for Pleasant Grove
Baptist Church" prepared by MSA, P.c., dated 11/03/04.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance,
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of May Two Thousand Five
May 10, 2005
Item J.1.
PLANNING
Voting:
- 44-
ITEM # 53947 (Continued)
11-0 (By Consent)
Council Members Voting Aye:
Harry E, Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 2005
- 45 -
Item J.2.
PLANNING
ITEM # 53948
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council MODIFIED conditions
re application of COASTAL COMMUNITY CHURCH to add an awning (Conditional Use Permit,
approved by City Council October 28, 1997). .
ORDINANCE UPON APPLICATION OF COASTAL COMMUNITY
CHURCH FOR THE MODIFICATION OF A CONDITIONAL USE
PERMIT APPROVED BY CITY COUNCIL ON OCTOBER 28, 1997
R050531249
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Coastal Community Church for the
Modification of a Conditional Use Permit approved by City Council on
October 28, 1997 on property located at 2800 South Independence
Boulevard (GPIN 14754026760000). DISTRICT 1 - CENTERVILLE
The following conditions shall be required:
1. All conditions with the exception of Numbers 1 and 4 attached to
the Conditional Use Permit granted by the City Council on
February 28, 1997, remain in affect.
2, Condition Number 1 of the February 28, 1997, Conditional Use
Permit is deleted and replaced with the following: The site shall
be developed in accordance with the site plan entitled, "Church
Facility for Glenwood Baptist Church" dated August 15, 1995
and prepared by Verebely & Associates, Architects, except the
applicant shall be allowed to install: 12-foot tall pylon-style,
internally-lit sign. The sign shall conform substantially with the
submitted sign elevation prepared by Cardinal Sign Corporation,
dated January 3, 2005, Upon further development and
construction of the entrance on South Independence Boulevard,
the applicant shall provide a right turn lane,
3. Landscaping around the proposed sign shall be substantially in
accordance with the submitted landscaping plan entitled
"Coastal Community Church, Virginia Beach ", prepared by
Winesett Nursery. Said plan has been exhibited to the City of
Virginia Beach City Council and is on file in the City of Virginia
Beach Planning Department,
4, Condition Number 4 of the February 28, 1997, Conditional Use
Permit is deleted and replaced with the following: The structure
shall substantially conform to the submitted elevations, except
the applicant shall be allowed to install an awning to cover the
sidewalk adjacent to the building and the building entrances. The
exterior of the structures shall consist of red brick with a dark
gray shingle roof, and the awnings shall be of a complementary
color of the building color scheme,
May 10, 2005
- 46-
Item J.2.
PLANNING
ITEM # 53948 (Continued)
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of May, Two Thousand Five
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 2005
- 47-
Item J.3.
PLANNING
ITEM # 53949
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance
upon application of APC REALTY & EQUIPMENT CO. LLC, SPRINTCOM, INC., and SPRINT PCS for
a Conditional Use Permit re a communications tower within a Dominion Virginia Power transmission
structure:
ORDINANCE UPON APPLICATION OF APCREALTY & EQUIPMENT
Co., L.L. C, SPRINTCOM, INC, SPRINT PCS FOR A CONDITIONAL
USE PERMIT FOR A COMMUNICATIONS TOWER R050531250
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of APC Realty & Equipment Co" L.L.C,
SprintCom, Inc., Sprint PCS for a Conditional Use Permit for a
communications tower on property located at 5697 Magnolia Run Circle
(GPIN 14641910810000), DISTRICT 1- CENTERVILLE
The following conditions shall be required:
1. The proposed tower and antenna array shall not exceed the
height depicted on the submitted "Elevation View and Details,
Sheet Number C-3, prepared by Clark Nexsen, Architecture and
Engineering, for Sprintcom Inc., at 5797 Magnolia Run Circle,
Virginia Beach, VA ", Said plan has been exhibited to the City of
Virginia Beach City Council and is onfile in the City of Virginia
Beach Planning Department,
2, The site shall be developed substantially in accordance with the
submitted site plan entitled "N076XC812 CENTERVILLE
TURNPIKE 5797 MAGNOLIA RUN CIRCLE VIRGINIA BEACH,
VA 23464 ", prepared by Clark Nexsen, Architecture and
Engineering, for Sprintcom Inc. Said plan has been exhibited to
the City of Virginia Beach City Council and is on file in the City
of Virginia Beach Planning Department.
3. The applicant shall obtain a variance to the required setback
from an existing residential structure in accordance with Section
232 (b) (1) of the City Zoning Ordinance before the site plan is
approved and the antenna array are installed on the transmission
structure.
4. The applicant shall obtain a 15-foot ingress / egress easement in
accordance with Section 232 (b) (12) (iii) of the City Zoning
Ordinance before the site plan is approved and the antenna array
are installed on the transmission structure.
5. In the event that the tower is not used for a period of one year, it
must be removed at the owner's expense.
May 10, 2005
- 48-
Item J.3.
PLANNING
ITEM # 53949
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance,
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of May, Two Thousand Five
Voting:
10-1 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R, Jones, Richard
A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba SAfcClanan
Council Members Absent:
None
May 10, 2005
- 49-
Item J.4.
PLANNING
ITEM # 53950
Attorney R. E. Bourdon, Phone: 499-8971, represented the applicant and advised this is a "downzoning".
The least intense use, legally permitted, on this property is the development of a residential duplex. Two (2)
copies of a site plan were distributed and are hereby made a part of the record. One site plan is for a
residential development permitted under the current zoning and the other is for a 2-unit residential duplex,
which is permitted under the current zoning.
Upon motion by Councilman Diezel, seconded by Councilman Villanueva, City Council ADOPTED an
Ordinance upon application ofCSM, L.L. C for a Change of Zoning District Classification:
ORDINANCE UPON APPLICATIONOFCSM, LLC. FORA CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM A-18 TO R-5S
Z05051220
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of CSM, L.L. C. for a Change of Zoning
District Classification from A -18 Apartment District to R-5S Residential
Single Family District on property located on the east side of Rosemont
Road, 295 feet south of Bancroft Drive (GPIN 14866502900000). The
Comprehensive Plan designates this site as being part of the Primary
Residential Area, suitable for appropriately located suburban residential
and non-residential uses consistent with the policies of the
Comprehensive Plan. The purpose of the zoning change is to develop the
site with a dwelling. DISTRICT 3 - ROSE HALL
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance,
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of May, Two Thousand Five
Voting: 9-2
Council Members Voting Aye:
Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Richard
A, Maddox, Mayor Meyera E, Oberndorf, Jim Reeve, Peter W Schmidt,
Ron A, Villanueva and James L. Wood
Council Members Voting Nay:
Reba S. McClanan and Rosemary Wilson
Council Members Absent:
None
May 10, 2005
- 50-
Item J.5.
PLANNING
ITEM # 53951
Attorney R. J. Nutter, 222 Central Park Avenue, Phone: 687-7500, represented Sandler at Ashville Park
Attorney Nutter advised as per the request of Steven R. Berman and Jack Keenan, adjacent property
owners, the berms have been raised, one 4 to 6-foot and the other 6 to 8-foot, both landscaped.
Katherine Holder, represented Sandler
Steven R. Berman, 1685 Flanagan's Lane, Phone: 426-2077, spoke in OPPOSITION. Mr. Berman had
requested the road be placed, at a minimum 225 feet away from his property. Mr. Berman will also have
a multi-trail equestrian trail infront ofhis home. Mr. Berman requested Village B remain where designed.
Mr, Berman distributed a copy of the plat of the location of his property and copy of meetings with
the previous developer (Richard Browner), Said information is hereby made a part of the record.
Upon' motion by Councilman Reeve, seconded by Councilman Maddox, City Council ADOPTED an
Ordinance upon application of SANDLER AT ASHVILLE PARK, LLCfor a Chanf!e ofZoninf! District
Classification from Conditional R-30 Residential and P-l Preservation District with a PDH-2 Overlay. The
purpose of the zoning change is to modify a previously approved development plan (February 24, 2004):
ORDINANCE UPON APPLICATION OF SANDLER AT ASHVILLE
PARK, L.L. C. FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM CONDITIONAL R-30 AND P-1 WITH A PD-
H2 OVERLAY TO CONDITIONAL R-30 AND P-1 WITH A PD-H2
o VERLA Y Z05051221
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Sandler at Ashville Park, L.L. C. for a
Chanf!e of Zoninf! District Classification from Conditional R-30
Residential District and P-1 Preservation District with a PD-H2 Overlay
to Conditional R-30 Residential District and P-1 Preservation District
with a PD-H2 Overlay on property located on the east side of Princess
Anne Road, abutting the north and south sides of Flanagans Lane to its
intersection with Sandbridge Road (GPINs 24130719600000;
24130662590000; 24131678130000; 24133638620000;
24134643370000; 24134795080000; 24135552520000;
24137544010000). The Comprehensive Plan designates this site as
being part of Princess Anne (Transition Area), The purpose of the zoning
change is to modify a previously approved development plan. DISTRICT
7 - PRINCESS ANNE
The follOWing condition shall be required:
1. AnAmended Agreement en compass ingproffers shall be recorded
with the Clerk of Circuit Court and is hereby made a part of the
record..
May 10, 2005
- 51 -
Item J.5.
PLANNING
ITEM # 53951 (Continued)
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of May, Two Thousand Five
(
Voting: 9-2
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Richard
A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan and Mayor Meyera E. Oberndorf
Council Members Absent:
None
May 10, 2005
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6151
DATE: April 18, 2005
TO:
Leslie L. Lilley
William M. Macali vJ^
DEPT: City Attorney
FROM:
DEPT: City Attorney
RE: Conditional Zoning Application; Sandler @ Ashville Park, LLC
The above-referenced conditional zoning application is scheduled to be heard by the City
Council on May 10, 2005. I have reviewed the subject proffer agreement, dated March 1, 2005 and
have determined it to be legally sufficient and in proper legal form. A copy of the agreement is
attached.
Please feel free to call me if you have any questions or wish to discuss this matter further.
WMM/nlb
Enclosure
cc: Kathleen Hassen
Document Prepared By:
Troutman Sanders LLP
222 Central Park A venue, Suite 2000
Virginia Beach, Virginia 23462
AGREEMENT
TIDS AGREEMENT, made this ~ day of March, 2005 by and between SANDLER
AT ASHVILLE PARK. L.L.C., a Virginia limited liability company (hereinafter referred to as
"Grantor"), the owner of certain parcels of property generally located in the Princess Anne Road
Election district of Virginia Beach, Virginia, which property is more fully described on Exhibit
A attached hereto (hereinafter the "Property") and the CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee").
WIT N E SSE T H:
WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification
from R-30 and P-l with a PDH-2 overlay to R-30 and P-l with a PDH-2 overlay on certain
property which contains approximately 452 acres, more or less, located in the Princess Anne
Election District of the City of Virginia Beach, Virginia, which property is more particularly
described in the attached Exhibit A; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes, including mixed use purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible
uses conflict, and that in order to permit differing uses on and in the area of the subject Property
and at the same time to recognize the effects of the change and the need for various types of uses,
certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned R-30 and P-l with PDH-2
overlay are needed to cope with the situation to which the Grantor's rezoning application gives
rise; and
GPIN NOS.: 2413-07-1960-0000,2413-06-6259-0000, 2413-16-7813-0000, 2413-47-9508-0000,
2413-36-3862-0000, 2413-46-4337-0000, 2413-55-5252-0000, 2413-75-4401-0000
WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to
the public hearing before the Grantee, as part of the proposed conditional amendment to the
Zoning Map, in addition to the regulations provided for in the existing R-30 and P-I with a PDH-
2 overlay zoning district by the existing City's Zoning Ordinance (CZO), the following
reasonable conditions related to the physical development, operation and use of the Property to
be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of
which have a reasonable relation to the rezoning and the need for which is generated by the
rezoning; and
WHEREAS, said conditions having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are 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 subject Property at the time of recordation of such instrument; provided, further,
that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of
ordinance or resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-
2204, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
NOW THEREFORE, the Grantor, for itself, it's successors, assigns, grantees, and other
successors in title or interest, voluntarily and without any requirement by or exaction from the
Grantee or its governing body and without any element of compulsion of quid pro qUO for
zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following
declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property and hereby covenant and agree that these proffers
2
(collectively, the "Proffers") shall constitute covenants running with the said Property, which
shall be binding upon the Property and upon all parties and persons claiming under or through
the Grantor, it's heirs, personal representatives, assigns, grantees and other successors in interest
or title, namely:
1. The Property shall be developed substantially as shown on the "Master Plan of
Ashville Park Virginia Beach, V A" dated 2/08/05 and designed by Stephen Fuller Places, LLC in
conjunction with MSA, P.C., a copy of which has been exhibited to City Council and is on file
with the Virginia Beach Planning Department (hereinafter, the "Master Plan").
2. The principal entranceway to the Property shall be from Princess Anne Road
which shall be substantially similar in design and quality to the exhibit entitled "Community
Entrance Princess Anne Road" a copy of which is contained within Section V of the development
manual entitled "Ashville Park" prepared by Stephen Fuller Places, LLC, a copy of which has
been exhibited to the City Council in conjunction with this Zoning Ordinance amendment and is
on file with the Virginia Beach Planning Department (hereinafter the "Manual").
3. A second entranceway to the Property shall be located at Flanagans Lane near the
intersection of Flanagans Lane and Sandbridge Road and shall be substantially similar in design
and quality to the exhibit entitled "Community Entrance Flanagans Lane" prepared by Stephen
Fuller Places, LLC, a copy of which is contained within Section V of the Manual.
4. Prior to the issuance of the first residential building permit within Village C and
upon completion of at least two lanes of the public right-of-way running through Ashville Park
from Princess Anne Road to the second entranceway of the Property at Flanagans Lane as
referenced in proffer number 3, Grantor shall cul-de-sac Flanagans Lane within the confines of
Ashville Park at two locations where depicted on the Master Plan. In addition to this
improvement, Grantor shall maintain a 100' buffer area along the portion of the northern most
property line of Ashville Park, located directly to the north of Village D, substantially in the
location identified as "100' Buffer" on the exhibit entitled "Village 'D'" in Section IV of the
Master Plan. Within this 100' buffer area, Grantor shall install an undulating berm and solid 6'
3
high fence, substantially as shown on the Exhibit entitled Conceptual Site Layout Plan of
Ashville Park, Berm Plan, Virginia Beach, VA., dated 2/08/05, prepared by MSA, P.C., which
plan shall have been exhibited to City Council and on file in the Planning Department of the City
of Virginia Beach (hereinafter "Berm Plan"). The berm and fence shall be installed within the
100' Buffer prior to the completion of the development of Villages A and B as identified on the
Master Plan. Any multi-purpose equestrian trails or pedestrian paths located adjacent to the
berms shown on the Berm Plan, shall be located on the side of the berm facing Ashville Park.
STREETSCAPE
5. The Grantor shall dedicate to the City of Virginia Beach sufficient land along the
portions of the Property adjacent to Princess Anne Road of 55' in width as measured from the
centerline of the right-of-way, to accommodate an ultimate 110' right-of-way. In addition to said
dedication, Grantor agrees to dedicate to the City an additional 150' wide buffer as measured
from the ultimate right-of-way dedication. The dedicated buffer shall be for public purposes
including open space, buffers, landscaping, utilities, roadways and trail purposes. Said buffer
shall not restrict the development of the "Community Entrance Prospective" within Section V
within the Manual. The dedications referenced in this proffer #5, shall be made concurrently
with the recordation of the final subdivision plat for the first phase of development of the
Property.
6. The Grantor agrees, during detailed site plan review, to conduct a Traffic Impact
Study of the impacts of Ashville Park. The Grantor agrees to substantially complete or bond the
required improvements on Princess Anne Road at the entrance to Ashville Park that are called for
in the Traffic Impact Study. Said improvements shall be substantially completed or bonded prior
to the issuance of the first permanent occupancy permit for residents within Ashville Park.
7. The internal streets within Ashville Park shall be designed and constructed in
accordance with the exhibit entitled ''Typical Street Sections Plan of Ashville Park Princess
Anne Road, Virginia Beach, Virginia", prepared by MSA, P.C., and dated February 8, 2005,
4
which exhibit has been displayed to the City Council of the City of Virginia Beach and is on file
in the Virginia Beach Planning Department (hereinafter "Street Section Plan").
8. All street lighting installed on the Property shall be a decorative style fixture and
the height and separation of street lights shall be determined during the detailed site plan review.
9. The trees planted within and adjacent to the public right-of-ways on the Property
shall be double the total tree canopy requirements for public right-of-ways as set forth in the
Department of Public Works Landscape Manual of the City of Virginia Beach.
10. Subject to confirmation by the City of the necessary 50' wide right-of-way widths
and receipt by the City of all environmental permits from the Anny Corp of Engineers and
Department of Environmental Quality, Grantor shall substantially improve or bond the costs of
right-of-way improvements to Flanagans Lane beginning from the eastern-most entranceway to
the Property from Flanagans Lane, continuing in an easterly direction to the intersection of
Flanagans Lane and Sandbridge Road. Said improvements shall be substantially completed or
bonded prior to the issuance of final occupancy permit for the first residence in Village D or E as
depicted on the Master Plan. Said improvements shall be the widening of the existing lane with
and the piping of the adjacent ditches, together with the portion of the future right-of-way traffic
simulation generated by Ashville Park as determined during the detailed site plan review and the
Traffic Impact Study performed by Grantor. These improvements shall be consistent with CIP
Project No. 2.021.000 for rural road improvements in the City of Virginia Beach's Capital
Improvement Program.
THE VITLAGES OF ASHVILLE PARK
11. The Grantor shall record a Master Deed of Covenants, Conditions and
Restrictions ("Restrictions") governing the Property. All land owners within the PD-H2 District
shall be members of a Home Owners Association responsible for maintaining collectively all
common areas on the Property. The Restrictions shall be enforced by one or more Home Owners
Association, which Restrictions, shall among other things, restrict the use of the open space areas
for any purpose, but recreation and open space use. Such covenants shall run with the land and
5
be in full force and effect for a period of at least fifty (50) years. These covenants shall become
part of the deed of each lot or parcel within the development. Such covenants shall be approved
by the City Attorney and recorded before the first building permit in the project is issued.
The Restrictions shall among other things require that every residential unit within
Village B as shown on the Master Plan will be occupied, on a full-time basis, by at least one (1)
adult resident of fifty-five (55) years of age or older. The Restrictions shall also prohibit persons
under eighteen (18) years of age from residing in any residential unit within Village B for more
than one hundred twenty (120) days in any calendar year.
12. The total number of units developed in Village B shall not exceed 169. All such
units within Village B shall be single-family detached dwellings. The minimum lot size, internal
open space area, buffers and acreages for each Village shall be as set forth in the Master Plan.
13. Villages A, C, D and E shall be developed substantially as depicted on the Master
Plan. The total number of units developed in Village A shall not exceed 135 units. The total
number of units developed in Villlage C shall not exceed 98 units. The total number of units
developed in Village D shall not exceed 41. The total number of units developed in Village E
shall not exceed 56. All units shall be single-family detached dwellings within these Villages.
The minimum lot size, internal open space area, buffers and acreages for each Village shall be as
set forth in the Master Plan.
14. The linear parks depicted within Villages A, C, D and E shall be maintained by
the Home Owners Association and no structure shall be allowed within the linear parks other
than uniform fencing, or other uniform decorative features, and mailboxes. The Pocket Parks
depicted on the Master Plan shall be developed and constructed substantially as depicted on the
Master Plan. The Pocket Parks shall be maintained by the Home Owners Association. All
sidewalks and trails located outside of the public rights-of-way shall be maintained by the Home
Owners Association.
6
15. A Letter of Map Amendment ("LOMA") must be approved by FEMA before any
development may proceed within any Special Flood Hazard Area.
16. The residential lot tree canopy for each residential lot on the Property shall be
double the total canopy cover specified in the City of Virginia Beach's "Residential Tree Request
Table" in effect as of September 1,2003.
17. A minimum 50' buffer shall be established on the perimeters of the Property as
shown on the Master Plan. No structures shall be allowed within the buffer area and the buffer
area shall be maintained by the Home Owners Association. No community wide or other activity
other than maintenance shall occur within the Buffer area.
RECREATIONAL AND OPEN SPACE AREAS
18. Two Recreational Activity Areas shall be designed, constructed and built on the
Property substantially where indicated on the Master Plan. Both facilities shall provide indoor
amenities, meeting rooms and active outdoor recreational amenities. No outside recreational
fields or sporting areas shall be lighted to permit sporting events at night. This restriction shall
not prohibit lighted outdoor swimming pools or lighted outdoor tennis courts provided that any
such lighted tennis courts must be setback a minimum of 150' from a residential property line.
Outdoor lighting installed for the swimming pools or outdoors tennis courts shall be directed
downward toward the swimming pool or tennis courts play area.
19. The recreational facilities shall be substantially similar in quality, design and
character to the exhibits entitled "Community Amenities" as contained in Section VI in the
Manual. It is recognized that with a development of this size, detailed building plans may change
as the development of Ashville Park progresses. The intent of the renderings is to demonstrate
the architectural style and building quality of these facilities. Final elevations for these structures
shall be submitted to the Planning Director to assure compliance with this proffer.
20. In addition to the buffer areas, linear parks, pocket parks and Village Greens
within Villages A, B, C, D, and E, Grantor shall set aside as open space the areas shown on the
7
Master Plan. Said areas shall be for the benefit of the owners of property within Ashville Park.
These areas shall be set aside for passive enjoyment and recreation for uses such as Lakes,
Meadows, Forested Areas and Landscaped Vistas. These areas shall be maintained by the Home
Owners Association.
21. No portion of the Property that has been designated as a jurisdictional wetland by
the U.S. Army Corp of Engineers shall be disturbed.
22. The combined areas set aside for recreation and open space on the Property should
not be below fifty-two percent (52%) of the current gross acreage of the Property. The different
types and acreages of open spaces provided within Ashville Park shall be substantially as
specified on the Master Plan.
23. Grantor shall donate $1,000.00 for each residential lot developed on the Property
to the City of Virginia Beach Department of Parks and Recreation into the Open Space Site
Acquisition program more specifically referred to as CIP Project No. 4.004.000. Grantor's per
lot donation should be paid to the City at the time of the issuance of each building permit for
each residential lot within Ashville Park. If all or a portion of said donated funds have not been
used by the City of Virginia Beach within twenty (20) years for the purpose for which they were
dedicated, then they may be used by the City of Virginia Beach for other municipal purposes, as
the City shall in its sole discretion deem appropriate.
OPEN SPACE;
PEDESTRIAN AND BIKE TRAILS
24. Grantor shall construct a series of sidewalks and trails that are designed to provide
pedestrian accessibility within each Village, and pedestrian and bike connections between each
Village and to adjacent properties substantially as shown on the Exhibit entitled "Connectivity
Plan" prepared by Stephen Fuller Places, LLC, which plan is part of the Manual (hereinafter
"Connectivity Plan"). The path system within the Village Greens, the Pocket Parks and other
open space areas shall be finished in hard surfaces such as asphalt or compacted clay. Such trails
shall be designed substantially in accordance with the quality levels and design features as
8
depicted on the exhibit entitled "Open Space" prepared by Stephen Fuller Places, LLC, which
exhibit is part of the Manual. While not all portions of the trail system within Ashville Park will
be open to the public, Grantor shall provide a continuous trail system from Princess Anne Road
to Flanagans Lane that will be open to the public either through easements over some of the trails
on the Home Owners Association property, or the provision of sidewalks and trails within the
public right-of-way section between Princess Anne Road and Flanagans Lane.
25. Grantor shall construct a Multi-PurposelEquestrian Trail substantially where
indicated on the Connectivity Plan. The Multi-PurposelEquestrian Trail shall be approximately
8' in width, constructed of compacted earthen material, compacted clays or similar compacted
material substantially as depicted on the "Trail Section" shown on the Connectivity Plan. The
Multi-PurposelEquestrian Trail shall be open to the public.
THE RESIDENCES AT ASHVILLE PARK
26. Grantor shall include within the Restrictions governing the Property, a
requirement that the design and building materials for all fences, homes and accessory structures
must be reviewed and approved by an Architectural Review Committee of the HOA to insure
design and quality compatibility. Said restrictions shall run with the land as allowed under the
laws of the Commonwealth of Virginia.
27. All residential dwellings constructed on the Property shall have visible exterior
surfaces, excluding roofs, porches, windows, doors, trim and sofets, consisting entirely of all or
any combination of brick, stone, hardy plank, stucco, cedar shake or similar quality materials.
28. All residential dwellings constructed on the Property shall be constructed with a
minimum of a two (2) car garage.
29. All residential dwellings constructed within Villages A, C, D and E shall contain
no less than 2,400 square feet of enclosed living area, excluding garage area, for anyone-story
dwelling and no less than 2,600 square feet of enclosed living area, excluding garage area, for
any two-story dwelling.
9
30. All residential dwellings constructed within Village B shall contain no less than
1,800 square feet of enclosed living area, excluding garage area, for anyone-story dwelling and
shall contain no less than 2,400 square feet of enclosed living area, excluding garage area, for any
two-story dwelling.
31. Grantor shall utilize low impact development techniques where possible on the
Property to encourage storm water treatment and ground water recharge and discourage storm
water runoff and erosion.
32. All residential dwellings constructed on the Property shall be constructed in
accordance with the construction criteria applicable to homes located within the 70 to 75 dB
Ldn/STC ratings of not less than 44 for roof/ceiling/exterior walls and 33 for windows/doors,
even though no portion of the Property is located within this noise zone.
DEVELOPMENT REQUIREMENTS
33. The dimensional requirements applicable to development of all portions of the
Property except Villages B shall be as follows:
Minimum Lot Area in Square Feet: 12,000 (Villages D and E)
20,000 (Villages A and C)
Minimum Lot Width in Feet: 100
Minimum Front Yard Setback in Feet: 50' for 20,000 square foot lots and 30' for
lots less than 20,000 square feet
Minimum Side Yard Setback in Feet: 10
Minimum Side Yard Setback Adjacent to a Street in Feet: 30
Minimum Rear Yard Setback in Feet: 20
Accessory structures of no more than 150 square feet: 5' rear and side yard
setbacks
10
Maximum Lot Coverage: 30% for lots 20,000 square feet and greater and 35%
for lots less than 20,000 square feet
Minimum Setback from Sidewalk for lots containing linear parks: 15' from edge
of sidewalk
Maximum Height 42 feet in Villages A and C and 38 feet in Villages D and E
34. The dimensional requirements applicable to development within Village B on the
Property shall be as follows:
Minimum Lot Area in Square Feet: 7,200
Minimum Lot Width in Feet: 60
Minimum Front Yard Setback in Feet: 20
Minimum Side Yard Setback in Feet: 5 & 10
Minimum Side Yard Setback Adjacent to a Street in Feet: 20
Minimum Rear Yard Setback in Feet: 20
Accessory structures of no more than 150 square feet: 5' rear and side yard
setbacks
Maximum Lot Coverage: 40%
Maximum Height in Feet: 35 (not to exceed two stories)
35. For lots encumbered by a linear park and/or pocket park, the Minimum Lot Width
may be measured along either the property line abutting the public right-of-way, or the boundary
of the portion of the linear park and/or pocket park located toward the interior of the lot.
36. Further conditions mandated by applicable development ordinances may be
required by the Grantee during detailed Site Plan and/or subdivision review and administration of
11
applicable City Codes by all cognizant City agencies and departments to meet all applicable City
Code requirements.
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the
conditional zoning amendment is approved by the Grantee.
The Grantor covenant and agree that (1) the Zoning Administrator of the City of Virginia
Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of
the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions 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 the provisions of the
City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance 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 that they shall be recorded in the Clerk' s Offi~e of the Circuit Court of the City
of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee.
Effective as of the date this Agreement is accepted by the City Council of the City of
Virginia Beach, Virginia, this Agreement shall fully replace the Agreement dated September 5,
2003, by and between Ashville Park, L.L.C., a Virginia limited liability company, Eddie Lee
Cooper, Linda C. Cooper (now known as Linda C. Ackiss), Rebecca Ann Cullipher, Roger
Elliott Malbon, William W. Oliver and Lynn O. Adams (trustees), Betty B. Bourdon, R. Edward
Bourdon, Jr., Paul S. Bourdon, Frank T. Williams, Norwood C. Land, and City of Virginia
12
Beach, which was recorded on March 5, 2004 in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, as Instrument Number 200403050037759 (the "Former
Agreement"). The Former Agreement described the Property as containing approximately 474
acres of land and contained legal descriptions based upon source deeds available as of the date of
the Agreement. The legal descriptions and acreage referenced in this Agreement are based upon
the surveys referenced in the legal descriptions attached hereto as Exhibit A. This Agreement is
intended to apply to all of the same property described in the Former Agreement, notwithstanding
changes in description or variances in acreage revealed by surveys of the Property.
[Remainder of Page Intentionally Left Blank]
13
GRANTOR:
SANDLER AT ASHVILLE PARK, L.L.C.
a Virginia limited liability company
By: ~-
~e: N.o.+m VI\) . ~71'X\
itle: N\a.roS e\
STATE OF VIRGINIA
CITY OF ~(\\lJ... ~ (\r\ , to-wit:
The foregoing instrument was acknowledged before me this -1. day of March, 2005, by
No -Wfin \). ~~ , personally known to me to be the ~
of Sandler at Ashville Park, L.L.c., a Virginia ~
company, on behalf of the Company.
My Commission Expires:
cA.20-ao
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14
EXHIBIT A
Legal Description
PARCEL ONE (GPIN No. 2413-07-1960-0000)
ALL THAT certain lot, piece or parcel of land, with the appurtenances thereunto belonging and
situate, lying and being in the City of Virginia Beach, Virginia, containing 27.828 acres, more or
less, and as shown on that certain Boundary Survey entitled, "BOUNDARY SURVEY OF
PROPERTY OF EDDIE LEE COOPER & LINDA C. ACKISS", dated May, 2004, made by
MSA, P.C., Landscape - Architecture - Planning - Surveying, Engineering and Environmental
Sciences, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia as Instrument number 200408260136098.
PARCEL TWO (GPIN No. 2413-06-6259-0000)
ALL THAT certain lot, piece or parcel of land, with the appurtenances thereunto belonging and
situate, lying and being in the City of Virginia Beach, Virginia, containing 15.096 acres, more or
less, and as shown on that certain Boundary Survey entitled, "BOUNDARY SURVEY OF
PROPERTY OF REBECCA CULLIPHER & ROGER MALBON", dated May, 2004, made by
MSA, P.C., Landscape - Architecture - Planning - Surveying, Engineering and Environmental
Sciences, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia as Instrument number 200408260136097.
PARCEL THREE (GPIN No. 2413-16-7813-0000)
ALL THAT certain lot, piece or parcel of land, with the appurtenances thereunto belonging and
situate, lying and being in the City of Virginia Beach, Virginia, containing 27.828 acres, more or
less, and as shown on that certain Boundary Survey entitled, "BOUNDARY SURVEY OF
PROPERTY OF W.W. OLIVER JR. ESTATE", dated May, 2004, made by MSA, P.C.,
Landscape - Architecture - Planning - Surveying, Engineering and Environmental Sciences, and
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as
Instrument number 200408260136093.
PARCEL FOUR (GPIN No. 2413-47-9508-0000)
ALL THAT certain lot, piece or parcel of land, with the appurtenances thereunto belonging and
situate, lying and being in the City of Virginia Beach, Virginia, containing 63.200 acres, more or
less, and as shown on that certain Boundary Survey entitled, "BOUNDARY SURVEY OF
PROPERTY OF FRANK T. WILLIAMS", dated May, 2004, made by MSA, P.C., Landscape -
Architecture - Planning - Surveying, Engineering and Environmental Sciences, and recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument
number 200408260136094.
15
PARCEL FIVE (GPIN No. 2413-36-3862-0000)
ALL THAT certain lot, piece or parcel of land, with the appurtenances thereunto belonging and
situate, lying and being in the City of Virginia Beach, Virginia, containing 18.556 acres, more or
less, and as shown on that certain Boundary Survey entitled, "BOUNDARY SURVEY OF
PROPERTY OF EDDIE LEE COOPER & LINDA C. ACKlSS", dated May, 2004, made by
MSA, P.c., Landscape - Architecture - Planning - Surveying, Engineering and Environmental
Sciences, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia as Instrument number 200408260136096.
PARCEL SIX (GPIN No. 2413-46-4337-0000)
ALL THAT certain lot, piece or parcel of land, with the appurtenances thereunto belonging and
situate, lying and being in the City of Virginia Beach, Virginia, containing 56.4725 acres, more
or less, and as shown on that certain Boundary Survey entitled, "BOUNDARY SURVEY OF
PROPERTY OF BETTY B. BOURDON", dated May, 2004, made by MSA, P.c., Landscape-
Architecture - Planning - Surveying, Engineering and Environmental Sciences, and recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument
number 200408260136091.
PARCEL SEVEN (GPIN No. 2413-55-5252-0000)
ALL THAT certain lot, piece or parcel of land, with the appurtenances thereunto belonging and
situate, lying and being in the City of Virginia Beach, Virginia, containing 60.0395 acres, more
or less, and as shown on that certain Boundary Survey entitled, "BOUNDARY SURVEY OF
PROPERTY OF C.P. BROWN, TRUSTEES FOR D.M. LAWRENCE", dated May, 2004, made
by MSA, P .C., Landscape - Architecture - Planning - Surveying, Engineering and
Environmental Sciences, and recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia as Instrument number 200408260136095.
PARCEL EIGHT (GPINNo. 2413-75-4401-0000)
ALL THAT certain lot, piece or parcel of land, with the appurtenances thereunto belonging and
situate, lying and being in the City of Virginia Beach, Virginia, containing 57.452 acres, more or
less, and as shown on that certain Boundary Survey entitled, "BOUNDARY SURVEY OF
PROPERTY OF FRANK T. WILLIAMS & SIMON H. LAND", dated May, 2004, made by
MSA, P.C., Landscape - Architecture - Planning - Surveying, Engineering and Environmental
Sciences, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia as Instrument number 200408260136092.
279070_ 4.DOC
16
- 52-
Item J.6.a/b
PLANNING
ITEM # 53952
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED Ordinances
upon application of CITY OF VIRGINIA BEACHfor a Change of Zoning and Conditional Use Permit
(COMMUNICATIONS & INFORMATION TECHNOLOGY (COMIT):
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA
BEACH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM B-3 TO B-3A Z05051222
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of the City of Virginia Beach for a Change
of Zoning District Classification from B-3 Central Business District to
B-3A Pembroke Central Business Core District on property located on
the northwest corner of Commerce Street and Market Street,
approximately 350 feet north of Columbus Street (GPIN
14774487430000), DISTRICT 5 -LYNNHAVEN
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA
BEACH, DEPARTMENT OF COMMUNICATIONS & INFORMATION
TECHNOLOGY FOR A CONDITIONAL USE PERMIT FOR A
COMMUNICATIONS TOWER Z05051223
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of the City of Virginia Beach, Department
of Communications & Information Technology for a Conditional Use
Permit for a communications tower on property located at 2508 Princess
Anne Road (GPIN 14948318520000). DISTRICT 7 -PRINCESS ANNE
The following conditions shall be required:
1. The proposed tower shall be located behind the Emergency
Communications Center building within the area marked as
"area suitable for monopole placement" on the site plan titled
"Emergency Communications/Emergency Operations Centers
and Judicial Center Parking" prepared by HSMM Inc. and dated
December 2, 2003. This site plan has been exhibited to City
Council and is on file in the Department of Planning.
2. The proposed tower shall be developed as a monopole structure
not to exceed 199 feet in height.
3, The Structural Analysis and Non-Ionizing Electromagnetic
Radiation (NIER) Study required by the City Zoning Ordinance
shall be submitted for review with the detailed site plan.
May 10, 2005
- 53-
Item J.6.a/h
PLANNING
ITEM # 53952 (Continued)
4, No existing trees shall be removed from the site for construction
of the tower. The site plan shall identify the location of existing
tree stands and tree protection measures shall be provided on the
plan to ensure the existing trees will remain in a healthy state
thus providing screening for the tower.
5. In the event that the tower is not usedfor a period of one year, it
must be removed at the owner's expense.
6. The Department of Communication and Information Technology
will work with the Courthouse Forest neighborhood to plant
additional 8- foot to 10- foot tall evergreen trees on the western
side of the proposed tower for screening purposes.
These Ordinances shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of May, Two Thousand Five
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E, Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A, Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 2005
Item V-K.1.
APPOINTMENTS
- 54-
ITEM # 53953
BY CONSENSUS, City Council RESCHEDULED:
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HEALTH SERVICES ADVISORY BOARD
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE
PERFORMING ARTS THEATRE ADVISORY COMMITTEE
TOWING ADVISORY BOARD
May 10, 2005
- 55 -
Item V-K.2.
APPOINTMENTS
ITEM # 53954
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Dr. Timothy Miller
6/01/05 - 5/31/07
MINORITY BUSINESS COUNCIL
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 2005
- 56-
Item V-K.3.
APPOINTMENTS
ITEM # 53955
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Tommy Johnson
Unexpired to 8/31/06
PARKS AND RECREATION COMMISSION
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R, Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
May 10, 2005
- 57-
Item V-m.
NEW BUSINESS
ITEM # 53956
Mayor Oberndorf and Council Lady McClanan requested a Briefing re 31st Street Park be scheduledfor the
City Council Workshop of May 17,2005
ITEM # 53957
Coun<;ilman Villanueva reminded and invited the Mayor and City Council Members:
Virginia Drug Free Family Day
Saturday, May 14,2005
Mount Trashmore
May 10, 2005
- 58-
Item V-M.
ADJOURNMENT
ITEM # 53958
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:26 P.M.
( ::j~-t---~__~!L~
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
-
Ruth Hodges Smith, MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
May 10, 2005