MARCH 7, 2006 AGENDA
CITY OF VIRGINIA BEACH
A COMMUNITY FOR A LIFETIME
CITY COUNCIL
MA YOR MEYERA E. OBERNDORF. At-Large
VICE MA YOR LOUIS R. JONES, Bayside - District 4
HARRY E. DIEZEL 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 1. WOOD, Lynnhaven -District 5
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 427-4303
FAX (757) 426-5669
E-MAIL: Ctycncl@vbgov.com
CITY MANAGER -JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
City CLERK - RUTH HODGES SMITH, MMC
CITY COUNCIL AGENDA
7 March 2006
I.
CITY COUNCIL LIAISON REPORTS
- Conference Room -
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA ITEMS
IV. INFORMAL SESSION
- Conference Room -
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber -
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Reverend Jim W olfcale
Atlantic Shores Baptist Church
1 :30 PM
2:00 PM
6:00 PM
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
2.
SPECIAL SESSION
INFORMAL AND FORMAL SESSIONS
February 21, 2006
February 28, 2006
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARING
1. RESIDENTIAL WATER AND SEWER TAP FEES INCREASE
I. CONSENT AGENDA
1. ORDINANCES/RESOLUTION
1. Ordinance to AMEND ~~ 28-3, 28-9 and 37-7 and ADD new ~~ 28-3.1 and 37-7.1 of the City
Code re fees for sewer and water connections
2. Ordinance ESTABLISHING "Transition Rules" re the development of property in the RT-2
Resort Tourist District (Deferred February 28, 2006)
3. Ordinances to APPROPRIATE and TRANSFER:
a. ESTABLISH a Capital Improvement Project (CIP) (Conformity and Acquisition Fund -
APZ-l and Interfacility Traffic Areas) and APPROPRIATE $3,700,000 from the
Agricultural Preserve Program (ARP) re purchase of land or interests therein
b. $370,000 from the Parking Enterprise Fund re purchase of multi-space parking meters
c. $233,900 from the DEA Seized Property Special Revenue fund to the Police Department
re purchase of equipment and canines
d. $115,000 within the Public Works Operating Budget re purchase of a waste collection
vehicle
e. $60,000 from Golf Course Special Revenue fund re renovations to the clubhouse at Red
.. Wing Lake Golf Course
4. Resolution re modification of a Joint Use Agreement with the Virginia Beach Mariners, Inc.
for the Virginia Beach Sportsplex
K. APPOINTMENTS
BEACHES and W ATERW A YS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
MEALS TAX TASK FORCE
RESORT ADVISORY COMMISSION (RAC)
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
**********************************
PUBLIC COMMENTS
Non-Agenda Items
**********************************
MAY 2, 2006 CITY COUNCIL SESSIONS
CANCELLED RE
COUNCILMANIC ELECTION.
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
***********
Agenda 3/7/06/st
www.vbgov.com
I. CITY COUNCIL LIAISON REPORTS
- Conference Room -
1 :30 PM
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA ITEMS
IV. INFORMAL SESSION - Conference Room-
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
2:00 PM
V. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Reverend Jim W olfcale
Atlantic Shores Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
2.
SPECIAL SESSION
INFORMAL AND FORMAL SESSIONS
February 21, 2006
February 28, 2006
G. AGENDA FOR FORMAL SESSION
iRtsulutiuu
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded here and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia Law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Closed Session were heard, discussed or
considered by Virginia Beach City Council.
H. PUBLIC HEARING
1. RESIDENTIAL WATER AND SEWER TAP FEES INCREASE
PUBLIC HEARING
Proposed. Increases in Residential
Water And Sewer Tap Fees .
The Virginia Beach' City Council will hold a Public.
Hearing on. March 7, 2006 at 6:00 p.m. in the Coun-
cil Chamber,second floor, City Hall Building, Municipal
Center, 2401 Courthouse Drive, virginia Beach, Virginia
concerning proposed amendments to the City Code
'increasing certain water and sewer connection fees, as
'follows:
Present Cost:
. Sewer connection/tap fees (4" tap): $225.00
. Sewer connection/tap fees (> 4" tap): cost of
labor, material and equipment, plus twenty-five
(25) percent. .
. Sewer cleanouts (4"): $225.00
. Sewer cleanouts (> 4"): cost of labor, material
and equipment, plus twenty-five (25) percent.
. Water tap and meter fees (5/8" and 3/4" tap):
$285.00 (tap and meter); $155.00 (meter only)
.. Water tap and meterfees (1" tap): $370.00 (tap
and meter); $240.00 (meter only)
. Water tap and meter fees (1-1/2" and larger):
cost of labor, materials, and equipment, plus
twenty-five (25) percent
. Water tap and meter fees (if installation requires
a combination of a different size tap'-and meter):
cost of .labor, Illaterials and equipment, plus
twenty-five (25) percent
Proposed Cost:
o Sewer tap, lateral. and. cleanout fees, except for
properties subject to City Code Section 28-2
(mandatory connections): actual cost to City of.
installation (estimated cost depending on depth
and length is $6,400 - $22,000)
e Water tap, service line and meter fees, except for
properties subject to City Code Section 37-5
(mandatory connections): actual cost to City of
installation (estimated cost is $1,800 - $3,000)
The proposed fee increases are authorized pursuant
to Virginia Code Sections 15.2-2122 and 15.2-2143. A
copy of the complete_ordinance and information concern-
ing the documentation for the proposed fee increases
are available fOT examination by the publiC at the
Department of Public Utilities, Municipal. Center, Build-
ing 2, Room 200, 2405 Courthouse Drive, Virginia
Beach, Virginia.
Interested citizens of the City of Virginia Beach may
appear at the above-mentioned time and place to
present their views.
fJ.~/v/~
Ruth Hodges Smith, MMC
City Clerk
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 at427-4305.
Beacon Feb. 19 & 26, 2006
14651838
I. CONSENT AGENDA
J. ORDINANCES/RESOLUTION
1. Ordinance to AMEND ~~ 28-3, 28-9 and 37-7 and ADD new ~S 28-3.1 and 37-7.1 of the City
Code re fees for sewer and water connections
2. Ordinance ESTABLISHING "Transition Rules" re the development of property in the RT-2
Resort Tourist District (Deferred February 28, 2006)
3. Ordinances to APPROPRIATE and TRANSFER:
a. ESTABLISH a Capital Improvement Project (CIP) (Conformity and Acquisition Fund -
APZ-l and Interfacility Traffic Areas) and APPROPRIATE $3,700,000 from the
Agricultural Preserve Program (ARP) re purchase of land or interests therein
b. $370,000 from the Parking Enterprise Fund re purchase of multi-space parking meters
c. $233,900 from the DEA Seized Property Special Revenue fund to the Police Department
re purchase of equipment and canines
d. $115,000 within the Public Works Operating Budget re purchase ofa waste collection
vehicle
e. $60,000 from Golf Course Special Revenue fund re renovations to the clubhouse at Red
Wing Lake Golf Course
4. Resolution re modification of a Joint Use Agreement with the Virginia Beach Mariners, Inc.
for the Virginia Beach Sportsplex
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ordinance to Amend Sections 28-3,28-9 and 37-7 and Add New Sections 28-3.1 and 37-
7.1 of the City Code, Pertaining to Fees For Sewer and Water Connections
MEETING DATE: March 7, 2006
. Background: The Department of Public Utilities installs residential water and sanitary
sewer taps in accordance with the City Code. The fees identified in the City Code for residential
taps are considerably less than actual cost. As development patterns have changed, a program
that was initially meant to mitigate the impact to existing homeowners of the mandatory
connection ordinance has evolved into a subsidy for builders and developers of certain homes.
In recent years, 50% of Public Utilities water and sewer repair crews have been dedicated to the
installation of new residential taps, instead of maintaining the existing aging infrastructure.
. Considerations: The proposed City Code revisions will allow Public Utilities to charge
actual costs for the installation of new residential taps, except when the installation involves an
existing home subject to the mandatory connection ordinance. Under these circumstances, the
existing discounted fees would apply. If approved, Public Utilities would use an annual services
contractor to install most new taps, but builders could choose to install their own taps if they
wanted to. This will increase the cost of construction for some new homes, including homes
constructed on individual"fill-in" lots, and duplex conversions. However, it would bring this
development in line with that of commercial developers and residential developers in new
subdivisions, which are both responsible for 1 00% of the cost of tap installations.
. Public Information: This issue was the subject of a Council Briefing on January 17,
2006 and a public hearing has been scheduled for March 7, 2006. The City staff has met with
representatives of the Tidewater Builders Association and received a letter indicating support for
this action.
. Alternatives: The alternatives are to retain the existing ordinance and fees, or change
City Code to allow Public Utilities to charge its actual cost of installation for new residential
water and sewer taps, except those mandated by the mandatory connection ordinance.
. Recommendations: If the existing ordinance is left in place, the City will continue to
subsidize the construction of certain new homes, and Public Utilities will continue to experience
a significant drain on its resources to the detriment of much needed work on the existing aging
infrastructure. It is recommended that this ordinance become effective July 1, 2006.
. Attachments: Policy Report, Ordinance
Recommended Action: Approval of Attached ordinan~el J
Submitting Department/Agency: Public utilities ;;;) h Q\tV1 a.O n
City Manager~ \... ~~
1 AN ORDINANCE TO AMEND SECTIONS 28-3, 28-9
2 AND 37-7 AND ADD NEW SECTIONS 28-3.1 AND
3 37 - 7 . 1 OF THE CITY CODE, PERTAINING TO
4 FEES FOR SEWER AND WATER CONNECTIONS
5
6 Sections Amended: City Code Sections
7 28-3, 28-9 and 37-7
8
9 Sections Added: City Code Sections 28-3.1
10 and 37-7.1
11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
12 VIRGINIA:
13
That Sections 28-3, 28-9 and 37-7 of the City Code are hereby
14 amended and reordained and Sections 28-3.1and 37-7.1 are hereby added,
15 to read as follows:
16
17
CHAPTER 28. SEWERS AND SEWAGE DISPOSAL
18
19
ARTICLE 1. IN GENERAL
20
21
Sec. 28-3. Sewer connection tap installation fees (tap feea).
22
The following fees shall be paid for connections to the public
23
sewer system (t~p feeD) :
24
~ (a) For a FeHr four-inch or larger tap, lateral and cleanout,
25 except as provided in City Code Section 28-3.1: $225.00 actual cost to
26 the City of installation.
27
~ O~er four inch t~p. Coot of l~bor, m~teri~l ~nd equipment,
28
pluo twenty five (25) percent
29
lel ~Actual cost" shall mean the average installation cost
30 determined by the Department of Public Utilities annually based upon
31 contract unit bid prices and contract administration cost.
32 COMMENT
33
34 The amendments change the fees for sewer tap, c1eanout and lateral installations to the actual cost
35 incurred by the City in performing the installation. An exception is made for dwellings that are subject to the
36 City's mandatory sewer connection ordinance (City Code Section 28-2).
37
38
39 Sec. 28-3.1. Same; existing dwellings.
40
(a) Sewer tap, cleanout and installation fees for existing
41 dwellings qualifying under Section 28-2, pertaining to mandatory
42 connections to the public sewer system, shall be $450.00 for a four-inch
43 tap. For six-inch or larger taps, the fee shall be the actual cost of
44 installation by the City.
45
(b)
"Actual cost" shall mean the average installation cost
46
determined by the Department of Public Utilities annually based upon
47
contract unit bid prices and contract administration cost.
48
49
50
51
52
53
54
COMMENT
The new section combines fees for sewer taps and c1eanout, each of which is currently $225.00, for
dwellings that are subject to the City's mandatory sewer connection ordinance (City Code Section 28-2). The
total fee of $450.00 is not changed with respect to those dwellings.
55
56
Sec. 28-9. Sewer cleanouts.
57
All buildings and dwellings connected to the public sewer system
58 shall have a cleanout installed in the lateral line at or near the
59 property lines served. If ouch cle~nouto ~re inot~lled by the city, the
60 ch~rge oh~ll be ~o follo..:o for e~ch cle~nout inot~lled:
2
61
(1) Four inch or l~rger clc~nout: $225.00.
62
(2) O~er four (4) incheo, Coot of l~bor, m~teri~l ~nd equipment,
63 pluo t'.lenty fi 7e (25) percent
64 COMMENT
65
66 This section is amended, as the separate fees it charges for sewer c1eanouts has been combined with
67 the fee for sewer taps, thereby rendering that portion of the section superfluous.
68
69 CHAPTER 37. WATER SUPPLY
70
ARTICLE 1. IN GENERAL
71
72 Sec. 37-7. Water ~ tap and meter installation fees.
73 The following fees shall be paid for connections to a city water
74 line and for the installation of water meters:
75
(1 )
T~p ~nd meter feeo:
76
~.
Fi~e eightho inch ~nd three fourtho inch t~p:
77
1.
T~p ~nd meter. $285.00.
78
2 .
Meter only. $155.00
79
b.
One inch t~p:
80
1.
T~p ~nd meter: $370.00.
81
2.
l'qete'r only. $21. 0 . 00
82
c.
One ~nd one h~lf inch or l~rger t~p ~nd/or
83
meter. Coot of l~bor, m~teri~lo, ~nd equipment,
84
pluo t',:enty fi'.re (25) percent.
85
d.
When the inot~ll~tion requireD ~ combin~tion of
86
~ different oize t~p ~nd meter th~n lioted ~bo7e,
87
the ch~rgeo ',,rill be b~oed on coot of l~bor,
3
88
FR;:tteri;:tlo ;:tnd equipm.ent, pluo t....enty fi-..e (25)
89
percent.
90
(a) Except as provided in City Code Section 37-7.1, actual cost to
91 the City of installation.
92
(2 )
For t;:tpo in exceoo of one inch, ;:tn ;:tmount oh;:tll be
93
pl;:tced in eocrm.. b;:toed on ;:tIl eotimate of cooto by the director
94
of public utilitieo.
95
(b) uActual cost" shall mean the average installation cost
96 determined by the Department of Public Utilities annually based upon
97 contract unit bid prices and contract administration cost.
98
99 COMMENT
100
101 The amendments change the fees for water tap installations to the actual cost incurred by the City in
102 performing the installation. An exception is made for dwellings that are subject to the City's mandatory water
103 connection ordinance. Those fees are set forth in Section 37-7.1 below.
104
105
106 Sec. 37-7.1. Same; existing dwellings (mandatory connections).
107
(a) Installation fees for existing dwellings qualifying under
108 Section 37-5, pertaining to mandatory connections to the public water
109 system, shall be as follows:
110
(1) Tap and meter' fees:
111
(A) 5/8-inch and 3/4-inch tap:
112
Tap and meter: $285.00
113
Meter only:
$155.00
114
(B) One inch tap:
4
115
Tap and meter: $370.00
116
Meter only:
$240.00
117
(C) One and one-half inch or larger tap and/or meter, or
118 where the installation requires a different size tap and meter than set
119 forth above: actual cost to the City of installation.
120
(b)
"Actual cost" shall mean the average installation cost
121 determined by the Department of Public Utilities annually based upon
122 contract unit bid prices and contract administration cost.
123
124 COMMENT
125 The amendments provide an exemption to the higher fees prescribed in Section 37-7 for dwellings that
126 are subject to the City's mandatory water connection ordinance (City Code Section 37-5). These fees are
12 7 unchanged.
128
129
130 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
131 BEACH, VIRGINIA:
132 That this ordinance shall become effective on July I, 2006.
133
134
135
Adopted by the City Council of the City of Virginia Beach,
136 virginia, on this ____ day of
, 2006
APPROVED AS TO LEGAL SUFFICIENCY:
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APPROVED AS TO CONTENTS:
Public Utilities
5
CA-9796
H:\PA\GG\OrdRes\Proposed\28-3 et al
R-5
February 28, 2006
6
FORM NO. CM 2
Policy Report
WATER AND SANITARY SEWER TAP FEES AND TAP INSTAllATION POLICY
INTRODUCTION
The purpose of this report is to propose a revision to the water and sanitary sewer tap fees in City Code
Sections 937-7, 928-3, and 928-9 to reflect actual costs and to revise Public Utilities Policy regarding
installation of residential water and sanitary sewer services (taps).
BACKGROUND
In order to recover actual water and sanitary sewer service installation costs Public Utilities proposes to
revise City Code Sections 937-7,928-3 and 928-9, which identifies fees to be assessed for connection.
The Department of Public Utilities Operations Division has historically installed water and sanitary sewer
taps for single-family and duplex properties in accordance with Public Utilities Administrative Policy 1105
dated August 19, 1996 (attached). This policy distinguishes taps to be installed by city forces from taps
installed by developers. Public Utilities will install taps for new residential development, when lots were
subdivided before 1970 and if no more than a three-lot subdivision was created after 1970. All other taps
for new residential development, commercial and industrial projects are installed by the site developer.
The original purpose and intent of Administrative Policy 1105 was to facilitate homeowners impacted by the
Mandatory Connection Policy as they transitioned from private wells and septic tanks to the public system
and to assist residential lot builders with water and sanitary sewer taps who would otherwise have to
contract with large contractors to install their taps.
The existing code fee for installing taps for new residential development is significantly less than actual
cost. While developers have the option to use a private contractor most developers routinely pay
connection fees and have Public Utilities install the taps, which substantially reduces their costs. This
practice also saves the developer time and the complication of obtaining right-of-way permits and the hiring
of utility contractors to perform installation of the taps. The magnitude of these tap requests has become
significant in recent years.
TAP ORDER TRENDS
Year Water Sanitary Sewer Total
*01-02 140 80 220
02-03 218 256 474
03-04 261 286 547
04-05 290 293 583
* Fiscal Year 2002 data for tap orders forwarded from the Business Office to Operations is incomplete.
During this time frame, Hansen was implemented for the Water Distribution and Sewer Collection Bureaus.
Installing new taps with city forces also consumes time and effort that could be spent on maintaining the
city's aging water and sanitary sewer systems (Aging Infrastructure). This results in Public Utilities both
subsidizing the development costs of small residential subdivisions and new homes construction and
redirects valuable resources away from maintenance activities.
In addition, some developers are abandoning existing taps either because the location of the tap is not
convenient for their new plumbing or because they place no value on the existing tap. The cost charged by
the city to install a new tap is insignificant compared to the actual cost. If developers are required to pay
the actual cost for taps we anticipate better use of existing taps.
CONSIDERATIONS
Lost Revenues
The current average cost for the Public Utilities Operations Division to install water and sanitary sewer taps
is $2,000 and $8,000 per tap, respectively. Under City Code ~37-7, ~28-31 and ~28-9, Public Utilities
collects fees from the developer in the amount of $285 for a water tap and $450 for a sanitary sewer tap
and cleanout. There is a shortfall $1,715 per water tap and $7,550 per sanitary sewer tap and cleanout
when compared to Public Utilities actual costs. Between May 2004 and May 2005, the Operations Division
installed 390 residential water taps (at a cost of $780,000) and 112 residential sanitary sewer taps (at a
cost of $896,000) using two full-time water and four full-time sanitary sewer installation tap crews. This
amounts to a loss of $1,514,450 when we compare actual costs to fees collected (collected fees total
$161,550).
Existinq Homes Impactedbv the Mandatory Connection Ordinance
Over the years, the number of tap requests has increased dramatically. A vast majority of the orders are
from developers and not existing homeowners. Existing homeowners should not be penalized by the
proposed fee changes. The current fees ($285/water, $450/sanitary sewer) will remain in effect for existing
homeowners falling under the Mandatory Connection provisions. This is justified on the basis that existing
homes have working septic tanks and/or wells. Applying current fees recognizes the investment that
homeowners have already made in their septic tanks and wells and provides equity in comparison to
previous Mandatory Connections.
Backloq
Currently, the number of work orders for taps is so significant that there is a 15-day backlog for water taps
and 60-day backlog for sanitary sewer taps.
Public Utilities plans to transition this work from in-house forces to private contractors under Annual
Services Contracts to be administered by Public Utilities Engineering. This change will help the city keep
pace with demands and allow existing city crews to focus upon Aging Infrastructure and service related
issues.
Public Information
Public Utilities will meet with appropriate organizations, as necessary, to explain the proposed changes and
receive input. Some discussions have already been initiated with Tidewater Builders Association (TBA)
Representatives. Draft documents were provided for review and comment.
In addition, key stakeholders from the Planning and Public Works Departments have been informed of
these proposed changes and significant collaboration has taken place. Additional coordination will be
required to develop a new program for the review, permitting, inspection, and approval of single-family and
duplex developments. Upon receiving direction from City Council the proposed policy changes will be
presented to the Tidewater Builders Association and the engineering communities through the DSC
Information Notice process.
Alternatives
Staff identified four alternatives:
1. Retain the existing fees, policy and procedures. This would continue the financial losses
incurred by Public Utilities and service installation backlogs would remain.
2. Public Utilities installs residential taps with fees raised to reflect actual Public Utilities installation
costs. This would address financial losses but would continue to involve Public Utilities crews
installing new taps instead of addressing Aging Infrastructure or service issues.
3. Public Utilities uses an annual services contract to install new taps with fees raised to reflect
actual Gontracted installation costs. Public Utilities crews could then be freed to address Aging
Infrastructure and service issues.
4. Require developers to install all new taps using private contractors. Public Utilities crews are
freed to address Aging Infrastructure, there is no subsidizing of developer cost and the backlog
of tap installations is eliminated, however, other departments' resources will be taxed with the
additional plan review, surety administration, permitting and inspection activities.
Recommendations
It is recommended that Council endorse the proposed City Code revisions increasing tap fees to equal
actual costs. This new process will allow developers to either install their own taps or require them to pay
actual cost to the city to cover installation expenses. (This is a combination of alternatives 3 and 4). This
will also compensate the city adequately to complete the tap installations without subsidizing infill
development or redevelopment. In addition, existing homeowners required to connect under the
Mandatory Connection Ordinance will be required to pay current tap fees. (DFU or connection fees will not
be impacted by this change). Public Utilities crews can redirect attention to Aging Infrastructure and
service related issues. While adopting this policy may create some additional work for the DSC and other
city permit review agencies, it is anticipated that most developers of one, two and three lot residential
subdivisions will choose to use city resources (annual contracts) which will have minimal impact upon other
city agencies.
Attachments:
Public Utilities Administrative Policy 1105
City of Virginia Beach Code Draft Revisions
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Ordinance Establishing Transition Rules for the Development of
Property in the RT -2 Resort Tourist District
MEETING DATE: March 7, 2006
. Background: On December 20, 2005, the City Council adopted an ordinance
amending zoning regulations applicable in the RT-1, -2 and -3 Resort Tourist Districts.
The ordinance amendments became effective as of the date of its adoption.
Considerations: The proposed ordinance establishes transition rules for site plans and
subdivision plats in the RT-2 Resort Tourist District. It provides that site plans and
subdivision plats that are submitted by the close of business on May 1, 2006 shall be
subject to the RT -2 District Zoning regulations that were in effect prior to the December
20, 2005 amendments. That rule, however, applies only to the initial submittal of the
site plan or subdivision plat, and to one resubmittal in the event the site plan or
subdivision plat is not approved. If disapproved upon resubmittal, the proposed
development must thereafter comply with the provisions of the December 20, 2005
ordinance.
The proposed ordinance has been brought forward that the request of
Council member Richard A. Maddox.
. Public Information: No special form of advertisement of public notice is
necessary for this ordinance.
. Alternatives: If the City Council declines to adopt the proposed ordinance, all
development plans for property in the RT -2 Resort Tourist District that were not actually
approved by December 20, 2005, including all new submittals, must meet the
requirements of the December 20, 2005 ordinance establishing new regulations
applicable in the Resort Tourist Districts.
. Attachments: Ordinance establishing transition rules
Recommended Action: Staff recommends denial of the ordinance.
Submitting DeparbnentlAgency: Requested by Councilmember Richard A. Maddox
City Manager:
1 REQUESTED BY COUNCILMEMBER RICHARD A. MADDOX
2
3
4 AN ORDINANCE ESTABLISHING TRANSITION
5 RULES FOR THE DEVELOPMENT OF PROPERTY IN
6 THE RT-2 RESORT TOURIST DISTRICT
7
8
9 WHEREAS, on December 20, 2005, the City Council adopted an
10 ordinance entitled UAN ORDINANCE AMENDING ARTICLE 15 OF THE CITY
11 ZONING ORDINANCE, PERTAINING TO USE REGULATIONS, DIMENSIONAL
12 REQUIREMENTS,
VEHICULAR
PARKING
REQUIREMENTS,
DENSITY
13 RESTRICTIONS AND DESIGN INCENTIVES IN THE RT-1, RT-2 AND RT-3
14 RESORT TOURIST DISTRICTS (hereinafter the uOrdinance");" and
15
WHEREAS, the Ordinance became effective as of the date of
16 its adoption; and
17
WHEREAS,
it is the sense of the City Council that
18 transition rules should be adopted to govern certain development
19 applications that were not approved by the City prior to the
20 effective date of the Ordinance;
21
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
22 OF VIRGINIA BEACH, VIRGINIA:
23
1.
That the following rules shall apply to site plan and
24 subdivision plats for property wholly located within the RT-2
25 Resort Tourist District if requested by the applicant:
26
(a) Any subdivision plat or site plan pertaining to
27
property affected by the Ordinance that has been
28
accepted for review, but has been neither approved nor
29
disapproved, by the City on or before the close of
1 REQUESTED BY COUNCILMEMBER RICHARD A. MADDOX
2
3
4 AN ORDINANCE ESTABLISHING TRANSITION
5 RULES FOR THE DEVELOPMENT OF PROPERTY IN
6 THE RT-2 RESORT TOURIST DISTRICT
7
8
9 WHEREAS, on December 20, 2005, the City Council adopted an
10 ordinance entitled "AN ORDINANCE AMENDING ARTICLE 15 OF THE CITY
11 ZONING ORDINANCE, PERTAINING TO USE REGULATIONS, DIMENSIONAL
12
REQUIREMENTS,
VEHICULAR
PARKING
REQUIREMENTS,
DENSITY
13 RESTRICTIONS AND DESIGN INCENTIVES IN THE RT-l, RT-2 AND RT-3
14 RESORT TOURIST DISTRICTS (hereinafter the "Ordinance");" and
15
WHEREAS, the Ordinance became effective as of the date of
16 its adoption; and
17
WHEREAS,
it is the sense of the City Council that
18 transition rules should be adopted to govern certain development
19 applications that were not approved by the City prior to the
20 effective date of the Ordinance;
21
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
22 OF VIRGINIA BEACH, VIRGINIA:
23
1.
That the following rules shall apply to site plan and
24 subdivision plats for property wholly located within the RT-2
25 Resort Tourist District if requested by the applicant:
26
(a) Any subdivision plat or site plan pertaining to
27
property affected by the Ordinance that has been
28
accepted for reVlew, but has been neither approved nor
29
disapproved, by the City on or before the close of
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
business on May 1, 2006, shall not be subject to the
amendments set forth in the Ordinance, but shall be
required to comply with the ordinances and regulations
of the City applicable to such property as of December
19, 2005;
(b) Any such subdivision plat that has been accepted for
review on or before the close of business on May 1,
2006, but which is thereafter disapproved, shall, if
resubmitted within thirty (30) days of the date of
disapproval or wi thin thirty (30) days after May 1,
2006, whichever is later, be subject to the ordinances
and regulations of the City applicable to such
property on December 19, 2005;
That the provisions of Paragraph 2 hereinabove shall
(c)
apply only to one (1) resubmittal of a site plan or
subdivision plat which has been disapproved, such that
if the site plan or subdivision plat is disapproved
upon resubmittal, all further development of the
subject property shall conform to the provisions of
the Ordinance, as well as to all other applicable
laws, ordinances, regulations and standards; and
(d) The application of these rules shall not result in any
increase
J.n
density
over
that
allowed by
the
ordinances and regulations of the City applicable to
such property on December 19, 2005.
55
BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF
56 VIRGINIA BEACH, VIRGINIA:
57 That nothing in this ordinance shall be construed to affect
58 any vested rights which existed as of the effective date of the
59 Ordinance.
60 Adopted by the Council of the City of Virginia Beach,
61 Virginia, on the
day of
, 2006.
APPROVED AS TO LEGAL SUFFICIENCY:
/fiJ~1l ~j
City Attorney's Office
CA9925
H:\OID\OrdRes\RT-2 Transition Rules ord.doc
R-2
February 27, 2006
City e>f -V-:n-girria Beach
PLANNING DEPARTMENT
757-385-4621
FAX (757) 385-5789
DIRECT 757-385-5801
VBgov.com
MUNIOPAI. CENTER
BUILDING NUMBER 2
2405 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456
DATE:
February 23, 2006
INTER-OFFICE MEMORANDU~\ ~ @
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FROM:
James K. Spore, City Manager
. Robert J. Scott, Planning Director ~
TO:
SUBJECT: Transition Rules for RT-2 Resort Tourist District
The agenda for the February 28 City Council meeting includes consideration of a
proposal to establish Transition Rules for the RT -2 Resort Tourist District. The RT-2
District largely consists of the area between Atlantic Avenue and Pacific Avenue at the
Oceanfront Resort Area. The purpose of the Transition Rules is to provide the ability for
developers of land in that area to develop under the provisions of the Zoning Ordinance
that were in place prior to City Council's approval of the amendment package on
December 20, 2005, rather than the new regulations.
While Transition Rules have been used in the past for various ordinance changes and
for a variety of reasons, this is a time when Transition Rules should not be used. The
establishment of the Transition Rules in the RT-2 Resort Tourist District well after the
adoption of the entire amendment package on December 20 does a disservice to those
who have been told that there are no Transition Rules. Some of these developers have
incurred great expense in modifying their plans to meet the new ordinance regulations.
The entire package of regulatory items adopted by the City Council on December 20
was presented as a unified package to achieve important public purpose. It would not
do to single one of those elements out for special treatment. No Transition Rules were
established for any of the ordinance changes adopted on December 20, and the United
States Navy was informed that there would be no such rules.
MEMO: James K. Spore
February 23, 2006
Page 2
The stimulus behind this effort for Transition Rules is a development proposal for the
northeast corner of Pacific Avenue and 16th Street. The potential developer for this site
met with Planning Department staff several times prior to the December 20
amendments to discuss his concept for a retail building and townhouse style multi-
family dwellings on the site. Staff advised the potential developer that the goal for the
Resort Area is to provide for "pedestrian-friendly" uses along the ground floor of
buildings within the RT-2 District and for the buildings to be located adjacent to the
street with any parking behind. This is consistent with all the public discussions that
have recently been held on redevelopment at the Oceanfront and with the concepts put
forth by the RAC. Accordingly, in order to encourage pedestrian traffic at the street
level in the RT-2 District, the ordinance now requires that dwelling units be above the
ground floor and that other uses (retail, office, recreational) be on the ground floor.
After the adoption of the December 20 package, the potential developer approached the
staff with a site plan and building elevations, neither of which met the Resort Area
Design Guidelines or the zoning amendments. The developer was encouraged again to
revise the plan. Instead, however, this potential developer prefers a site and building
plan that are more reflective of a suburban site than a prominent urban resort location.
In sum, singling out the RT-2 District for Transition Rules after the adoption of the
ordinances is not fair to other developers in the RT-2 District (or any other district
affected by the amendments), and frustrates the comprehensive and unified intentions
of the Council on December 20.
RJS:jms
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Establishing Capital Project # 9-060, Conformity and
Acquisition Fund - APZ-1 and Interfacility Traffic Areas, and Appropriating
$3,700,000 from the Fund Balance of the Agricultural Reserve Program
Special Revenue Fund to Project # 9-060 for the Purpose of Purchasing
Land, or Interests in Land and Property in the Interfacility Traffic Area
MEETING DATE: March 7, 2006
. Background: On December 20, 2005, City Council adopted a "Plan for
Compliance with the BRAC Commission's Decision Regarding NAS Oceana" which
included property acquisition plans for property in Accident Potential Zone-1 (APZ-1)
and the Interfacility Traffic Area.
The APZ-1 Use and Acquisition Plan and the Interfacility Traffic Area Property
Acquisition Plan call for the establishment of an acquisition project or fund to manage
the revenue and expenditures associated with the voluntary acquisitions of affected
properties.
. Considerations: This ordinance will establish a new capital project # 9-060,
Conformity and Acquisition Fund - APZ-1 and Interfacility Traffic Areas, in the FY 2005-
06 Capital Improvement Program to purchase property in the Interfacility Traffic Area.
$3.7 million will be appropriated from the fund balance of the Agricultural Reserve
Program.
The FY 2006-07 CIP will include funding of at least $15 million each year ($7.5 million
from the State of Virginia and $7.5 million from the City) to purchase land or interests in
land and facilitate the conversion of non-conforming property uses to conforming uses
in the APZ-1 areas surrounding NAS Oceana, and additional funding to purchase land
or interests in land or property in the Interfacility Traffic Area.
. Public Information: Information will be disseminated through the regular
Council agenda notification process. Additionally, notice of a public hearing was
published on February 19, 2006, in The Beacon, and Council held a public hearing on
February 28, 2006.
. Recommendations: Approval.
. Attachments: Ordinance
Recommended Action: Approval
Submitting Department! A~~ncy: Department of Management Services
City Manag~ ~ , '>R2.
1
2
3
4
5
6
7
8
9
10
11
12
AN ORDINANCE ESTABLISHING CAPITAL
PROJECT # 9 - 0 6 0 , CONFORMITY AND
ACQUISITION FUND APZ-1 AND
INTERFACILITY TRAFFIC AREAS, AND
APPROPRIATING $3,700,000 FROM THE FUND
BALANCE OF THE AGRICULTURAL RESERVE
PROGRAM SPECIAL REVENUE FUND TO PROJECT
# 9-060 FOR THE PURPOSE OF PURCHASING
LAND, OR INTERESTS IN LAND AND PROPERTY
IN THE INTERFACILITY TRAFFIC AREA
WHEREAS, the City of Virginia Beach adopted an ordinance on
13 December 20, 2005, to authorize the acquisition of interests in
14 certain property located in Accident Potential Zone-1 and the
15 Interfacility Traffic Area.
16
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
17 OF VIRGINIA BEACH, VIRGINIA:
18
1.
That
capital
project
#
9-060,
Conformity
and
19 Acquisition Fund - APZ-1 and Interfacility Traffic Areas, is
20 hereby established in the Capital Improvement Program for the
21 purpose of purchasing land or interests in land and facilitating
22 the conversion of non-conforming property uses under the Navy's
23 OPNAV Instruction to conforming uses in the APZ-1 areas
24 surrounding NAS Oceana, and for the purpose of purchasing land
25 or interests in land or property in the Interfacility Traffic
26 Area between NAS Oceana and NALF Fentress, all consistent with
27 the City's APZ-1 Use and Acquisition plan and the Interfacility
28 Traffic Area Property Acquisition Plan.
29
2.
That $3,700,000 is hereby appropriated from the fund
30 balance of the Agricultural Reserve Program Special Revenue Fund
31 to capital project # 9-060, Conformity and Acquisition Fund -
32 APZ-1 and Interfacility Traffic Areas, in the FY 2005-06 Capital
33 Budget for the purpose of purchasing land or interests in land
34 in the Interfacility Traffic Area from willing sellers, with
35 revenue from fund balance increased accordingly.
36 Adopted by the Council of the City of Virginia Beach,
37 virginia, on the
day of
, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
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City Attorney's ffi;;
CA9923
H:\PA\GG\OrdRes\APZ1 Acquisition ORD
R-6
February 28, 2006
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate $370,000 from the Fund Balance of the Parking Enterprise
Fund to the FY 2005-06 Operating Budget for the Purchase of Multi-Space Parking
Meters
MEETING DATE: March 7, 2006
. Background: The City currently has 712 single-space parking meters at the Oceanfront,
and 308 of them are located on the numbered streets between Atlantic and Pacific Avenues.
These parking meters are seventeen-years old, and many of the parts necessary to maintain
the meters are no longer manufactured. The technology of these meters is outdated, which has
led to problems associated with mechanically changing the hourly rates and additional staff
hours required to empty the smaller capacity single-space meters three or four days each week
during the tourist season. In addition, the current meters are easily vandalized to avoid payment
for parking. The City must replace and update the meters with current technology to reduce
service costs and to streamline the collections process. For the past two years, the City has
successfully tested multi-space meters at 11 th Street, 16th Street, and 315t Street.
. Considerations: Based on the success of the first multi-space meters, the plan is to
replace 296 single-space meters with 51 new multi-space meters in the 200 block between
Atlantic and Pacific Avenues. The new multi-space meters will be an aesthetic improvement by
eliminating poles along the streets and will streamline operations, thereby reducing the cost of
money collection, maintenance and enforcement. Each multi-space meter can replace 8 to 10
single-space meters. The total cost of replacement and installation is estimated to be $370,000,
including acquisition, pavement markings, signage, and support costs. Funds are available in
fund balance of the Parking Enterprise Fund to purchase these new multi-space meters.
. Public Infonnation: Information will be provided through the normal City Council
agenda process.
. Alternatives: The current mechanical single-space meters could be replaced with digital
single-space meters. The cost of replacement and installation, including the damaged poles, is
estimated at $262,000. This alternative, however, does not save staff hours for revenue
collection, estimated at $20,000 per year, or provide the aesthetic improvements achieved by
the reduction in individual poles and meters.
. Recommendations: Approve the ordinance and replace single-space meters with multi-
space meters.
. Attachments: Ordinance
Recommended Action: Approve ordinance
Submitting Department/Agency: Convention and Visitors Bureau
City Manag~~. ~~
1
2
3
4
AN ORDINANCE TO APPROPRIATE $370,000 FROM THE
FUND BALANCE OF THE PARKING ENTERPRISE FUND TO
THE FY 2005-06 OPERATING BUDGET FOR THE
PURCHASE OF MULTI-SPACE PARKING METERS
5
WHEREAS, $370,000 is currently available in fund balance of
6 the Parking Enterprise Fund.
7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9 That $370,000 is hereby appropriated from the fund balance of
10 the Parking Enterprise Fund to the FY 2005-06 Operating Budget for
11 the purchase of multi-space parking meters, with local revenue
12 increased accordingly.
13 Adopted by the Council of the City of Virginia Beach,
14 Virginia, on the
day of
, 2006.
Requires an affirmative vote by a majority of the members of
the City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
H~U,~
Management Services
Jlfljj. tJ ~
City Attorney's ffice
CA9928
H:\PA\GG\OrdRes\Multi-Space
R-2
February 23, 2006
Parking Meters ORD
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate $223,900 from the Fund Balance of the DEA Seized
Property Special Revenue Fund to the Police Department's FY 2005-06 Operating Budget for
the Purchase of Equipment and Canines
MEETING DATE: March 7, 2006
. Background: The Police Department requests the use of DEA seized-property funds to
purchase equipment and canines and to supplement previously awarded federal grant funds to
implement an automated Early Intervention System. The Police Department would like to
replace up to five canines during the next twelve months ($21,100), purchase 80 patrol rifles to
replace shotguns ($64,000), purchase replacement filters for 800 gas masks ($22,800), replace
20-year old furniture and office equipment ($16,000), and to supplement previously awarded
federal grant funds to implement an automated Early Intervention System ($100,000).
The replacement of three canines, which come fully trained and guaranteed, is needed due to
the age/or developing medical issues. It is likely that two more canines will also need to be
replaced in the next twelve months. During the past two years, the Police Department has
replaced shotguns in police vehicles with patrol rifles that provide more functionality. This
funding will allow the remainder of the shotguns to be replaced. The National Institute for
Occupational Safety and Health has recently issued new guidelines on mask filters and the
current filters are nearing their replacement cycle. The Police Department is currently utilizing
office furniture that is also not compatible with computers.
In 2003, the federal government awarded the Police Department a grant under the "Enhancing
the Culture of Integrity" program. Of the total grant amount, $330,000 is intended for the
purchase of software and related hardware for an automated Early Intervention System to help
identify potential liability and performance problems. Two vendors responded to the City's
request for proposals (RFP) for this system, and both are beyond the available grant funds. Up
to an additional $100,000 will be required to obtain a system that will meet basic requirements.
. Considerations: Funds are available in the DEA Seized Property Fund to cover the
costs associated with these requests.
. Public Information: Public information will be handled through the normal Council
Agenda public information process.
. Alternatives: Based on the response to the RFP, approximately $430,000 is needed to
purchase the Early Intervention System. If the grant, is not supplemented the Department will
be unable to make the purchase and will forfeit the $330,000 in federal funds.
. Recommendations: It is recommended that $223,900 from the fund balance of the
DEA Seized Property Special Revenue Fund be used to fund these requests.
. Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Police Department ~). ~
City Manager:~ lL..:'1s<<llt"\...
1 AN ORDINANCE TO APPROPRIATE $223,900 FROM THE
2 FUND BALANCE OF THE DEA SEIZED PROPERTY
3 SPECIAL REVENUE FUND TO THE POLICE
4 DEPARTMENT'S FY 2005-06 OPERATING BUDGET FOR
5 THE PURCHASE OF EQUIPMENT AND CANINES
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
1.
That $223,900 ~s hereby appropriated from the Fund
9 Balance of the DEA Seized Property Special Revenue Fund to the
10 Police Department's FY 2005-06 Operating Budget for the purchase of
11 equipment and canines.
12
2.
That estimated revenue ~n the FY 2005-06 Operating Budget
13 from the DEA Seized Property Fund is hereby increased by $223,900.
14
Adopted by the Council of the City of Virginia Beach,
15 Virginia, on the
day of
, 2006.
Requires an affirmative vote by a majority of the members of
the City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
jj~\J.
Management Services
JirYlL '~r
City Attorne ' s Office
CA9927
H:\PA\GG\OrdRes\Police
R-2
February 23, 2006
Equip-Canines ORD
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Transfer $115,000 within the FY 2005-06 Public Works
Operating Budget for the Purchase of a Waste-Collection Vehicle
MEETING DATE: March 7, 2006
. Background: The number of households in the City has increased over the past
decade. Since 1997, the boom truck crews have had a 30% increase in tons, a 35%
increase in number of loads collected, and a 32% increase in the number of work
orders. Each of the eight existing boom truck crews are now averaging 100 work orders
per day.
. Considerations: There are sufficient funds in the Public Works operating
budget to allow the purchase of the knuckle-arm boom truck for an estimated $115,000.
Not purchasing the knuckle-arm boom truck will require existing crews to collect more
stops each day and impact traffic congestion during the evening rush hour due to the
crews working longer. It also will cost more to purchase the truck at a later date.
. Public Information: Public information will be handled through the normal
agenda process.
. Recommendations: Approve the ordinance to transfer funds to purchase one
knuckle-arm boom truck for an estimated $115,000.
. Attachments: Ordinance
Recommended Action: Approval { L/'
Submitting Department/Agency: Public WorkslWaste Manageme6t>tS ~
City Manage~~ 'L, 0-&ao'l.. · ·
1 AN ORDINANCE TO TRANSFER $115,000 WITHIN THE
2 FY 2005-06 PUBLIC WORKS OPERATING BUDGET FOR
3 THE PURCHASE OF A WASTE-COLLECTION VEHICLE
4
5
6 WHEREAS, due to the increased demand for the collection
7 of bulk items, such as furniture and appliances, there is a need to
8 purchase an additional waste-collection vehicle estimated to cost
9 $115,000; and
10 WHEREAS, the additional amount needed may be provided by
11 transferring funds within the FY 2005-06 Public Works Operating
12 Budget.
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA:
15 That $115,000 is hereby transferred within the FY 2005-06
16 Public Works Operating Budget to fund the purchase of a waste-
17 collection vehicle.
18 Adopted by the Council of the City of Virginia Beach,
19 Virginia, on the
day of
, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
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City Atto~ce
CA9929
H:\PA\GG\OrdRes\Waste Collection Vehicle ORD
R-2
February 24, 2006
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CITY OF VIRGINIA BEACH
AGENDA ITEM
'""'
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~
ITEM: An Ordinance to Appropriate $60,000 from the Fund Balance of the Golf Course
Special Revenue Fund to CIP Project # 4-959, Golf Course Infrastructure and
Equipment - Phase I
MEETING DATE: March 7, 2006
. Background: In 2003, City Council established a $5 million project in the
Capital Improvement Program to renovate Red Wing Lake Golf Course. The project did
not include replacement or renovation of the clubhouse. The clubhouse's interior walls
and ceilings, HVAC system, carpet and restrooms are all in need of repair. It is
anticipated that without these repairs, the clubhouse's current condition will detract from
the newly-renovated course and negatively impact the City's investment.
. Considerations: The Golf Course Special Revenue Fund has $60,000 in fund
balance available to finance these modest renovations prior to the opening of the golf
course, which is now projected to occur in July 2006.
. Public Information: Public information will be handled through the normal
Council agenda process.
. Alternatives: Re-open Red Wing Lake Clubhouse in the present condition.
. Recommendations: Approve the appropriation of $60,000 from the fund
balance of the Golf Course Special Revenue Fund to CIP Project # 4-959, Golf Course
Infrastructure and Equipment - Phase I.
. Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Parks and Recreation
cltyManage~ k,-3s~
1
2
3
4
5
6
7
8
AN ORDINANCE TO APPROPRIATE $60,000 FROM
THE FUND BALANCE OF THE GOLF COURSE
SPECIAL REVENUE FUND TO CIP PROJECT # 4-
959 , GOLF COURSE INFRASTRUCTURE AND
EQUIPMENT - PHASE I
WHEREAS, the renovation of Red Wing Lake Golf Course did
9 not include improvements to the clubhouse, and the course is
10 anticipat~d to open in August 2006.
11
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
12 OF VIRGINIA BEACH, VIRGINIA:
13
1.
That $60,000 is hereby appropriated from the fund
14 balance of the Golf Course Special Revenue Fund to CIP # 4-959,
15
Golf Course Infrastructure and Equipment
Phase I, for the
16 purposes of making needed improvements to the Red Wing Lake Golf
17 Course clubhouse.
18
2 .
That revenue from local sources is increased by
19 $60,000.
20 Adopted by the Council of the City of Virginia Beach,
21 Virginia, on the
day of
, 2006.
Management Services
APPROVED AS TO LEGAL
SUFFICIENCY:
Cij~~f;:ce
APPROVED AS TO CONTENT:
B~Q.
CA9915
H:\PA\GG\OrdRes\Red Wing Clubhouse ORD
R-2
February 23, 2006
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO: The Honorable Mayor and Members of Council
FROM: James K. Spore, City Manager
ITEM: Virginia Beach Sportsplex Joint Use Agreement Amendments for 2006
MEETING DATE: March 7, 2006
Background:
In September 2001, the City negotiated and approved a Joint Use Agreement for the Virginia
Beach Sportsplex with the Hampton Roads Mariners. The agreement was for use of the
Sportsplex for a five (5) year term and allowed for up to twenty (20) soccer events per year. In
May 2002, the Hampton Roads Mariners were sold to Mike Field and the team was renamed
the Virginia Beach Mariners. In June 2005, the team was sold again to the current ownership
group, Virginia Beach Soccer, LLC. The current Sportsplex Joint Use Agreement was assigned
to the new ownership group in September 2005 by action of City Council and expires in
December 2006.
Virginia Beach Soccer, LLC, has requested the current Use Agreement be amended for 2006 to
allow for an additional ten (10) soccer events (for a total of 30 events per season) before
additional rental fees are paid to the City. Adding the ten (10) event dates provides the
ownership group the opportunity to operate the Mariners' Franchise and the new Submariners
Premier Development League (POL) Amateur Team while also scheduling more Open Cup
Games and Soccer Exhibition Matches at the facility.
Additionally, the new ownership group has invested over $300,000 to construct an artificial turf
practice field adjacent to the Sportsplex. The existing agreement should be amended to include
the new practice field as part of the overall Joint Use Agreement.
Recommendations:
It is recommended that the current Sportsplex Joint Use Agreement be amended for 2006 to
allow a total of thirty (30) soccer events (an increase of 10 events per season) and to add the
new artificial turf practice field as part of the overall agreement with Virginia Beach Soccer, LLC.
Public Information:
There has been ongoing media coverage of the new ownership group, its schedule, and plans
for 2006, but nothing specifically on these two amendment requests.
Attachments:
Resolution
Recommended Action: Approval RAAl1 /
Submitting Department/Agency: Parks and Recreation lJ~'(./
City Manager.. \L. 1 0:9 ~
1
2
3
4
5
6
A RESOLUTION
MODIFICATION
AGREEMENT FOR
SPORTSPLEX
TO APPROVE A
TO JOINT
THE VIRGINIA
FIRST
USE
BEACH
WHEREAS,
the City
of Virginia
Beach
Development
7 Authority (the "Authority"), and Hampton Roads Marinersr
8 L. L. C. ("HRM") entered into a Joint Use Agreement dated as
9 of September 4, 2001 (the "Agreement"), providing for joint
10 use of the Virginia Beach Sportsplex (the "Sportsplex");
11 WHEREAS, pursuant to an Assignment dated May 19, 2002,
12 HRM assigned its rights and obligations under the Agreement
13 for the Sportsplex to Virginia Beach Marinersr Inc.r a
14 Virginia corporation ("VBM");
15
WHEREAS,
on June 21,
2005,
VBM transferred the
16 management and ownership of the Virginia Beach Mariners, a
17 United Soccer League First Division men's professional
18 soccer team which uses the Sportsplex for its home games,
19 to Virginia Beach Soccer, LLC ("VBS"), controlled by Jerry
20 F. McDonnell and Michael C. McCann;
21 WHEREAS, pursuant to an Assignment dated July 1, 2005,
22 VBM assigned its rights and obligations under the Agreement
23 for the Sportsplex to VBS;
24
WHEREAS, VBM and VBS have paid to the Authority all
25 sums due under the Agreement through the date hereof; and
26
WHEREAS, VBS and the Authority desire to enter into a
27 First Modification to the Agreement to (i) allow VBS to
28 conduct up to thirty (30) events during each Soccer Season
29 (an increase of 10 events per Season), and (ii) add a newly
30
constructed
artificial
turf
practice
field
the
to
31 Sportsplex facilities under the Agreement.
32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
33 CITY OF VIRGINIA BEACH:
34
1.
The City Council approves the First Modification (the
35 "First Modification") to the Joint Use Agreement for the
36 Virginia Beach
Sportsplex,
in
form substantially as
37 attached as Exhibit A to this Resolution. The City Manager
38 and the City Attorney are jointly authorized to make minor
39 adjustments to the language of the First Modification as
40 may be necessary and appropriate to facilitate completion
41 of final documents for the transaction, so long as any
42
43
44
45
46
47
48
adjustments remain consistent with the intent and terms of
this First Modification.
2. The City Council recommends that the Virginia
Beach Development Authority (the "Authority") adopt a
resolution approving the First Modification and authorizing
the appropriate officers of the Authority to execute and
deliver the First Modification.
49 Adopted by the City Council of the City of Virginia
50 Beach, Virginia, on the 7th day of March, 2006.
CA-9865
X:\OIDIREAL ESTATE\Commercial Projects\Sportsplex\Council Res First Amendment JUA.doc
R-2
February 28, 2006
APPROVED AS TO LEGAL SUFFICIENCY:
APPROVED AS TO CONTENT:
creation
E.-~\-\\~\-r A
FIRST MODIFICATION TO VIRGINIA BEACH SPORTSPLEX
JOINT USE AGREEMENT
THIS FIRST MODIFICATION TO JOINT USE AGREEMENT (this "First
Modification") is made as ofthe
day of
, 2006, by and between VIRGINIA
BEACH SOCCER, LLC, a Virginia limited liability company ("VBS" or "User"), and the
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of
the Commonwealth of Virginia ("Authority"), and recites and provides as follows:
RECIT ALS:
A. Hampton Roads Mariners, LLC ("HRM") and Authority entered into a Virginia
Beach Sportsp1ex Joint Use Agreement (the "Agreement"), dated as of September 4,2001, for
the use of the Sportsplex located in Virginia Beach, Virginia.
B. Pursuant to an Assignment dated May 19, 2002, HRM assigned its rights and
obligations under the Agreement to Virginia Beach Mariners, Inc., a Virginia corporation
("VBM")
C.
On June 21,2005, VBM transferred the management and ownership of the
Virginia Beach Mariners, a United Soccer League First Division men's professional soccer team
which uses the Sportsplex for its home games, to Virginia Beach Soccer, LLC ("VBS")
D. Pursuant to an Assignment dated July 1, 2005, VBM assigned its rights and
obligations under the Agreement to VBS.
E. VBS and the Authority desire to amend the Agreement to (i) allow VBS to
conduct up to thirty (30) events during each Soccer Season (an increase of 10 events per Season),
1
and (ii) add a newly constructed artificial turf practice field to the Sportsplex facilities under the
Agreement.
AGREEMENT:
NOW, THEREFORE, in consideration ofthe foregoing, the mutual promises and
undertakings set forth herein and in the Agreement, and other good and valuable consideration,
the receipt and sufficiency of which are acknowledged, VBS and Authority agree as follows:
1. Defined Terms. All terms used herein, but not otherwise defined herein, shall
have the meanings ascribed to such terms in the Agreement. References in the Agreement or in
this First Modification to "this Agreement" or otherwise to the Agreement shall be deemed to
refer to the Agreement as amended by this First Modification.
2. Use of the Sportsplex.
a. Increase of HRM Events. The Authority and VBS have agreed to increase
the number ofHRM Events allowed during the Soccer Season from twenty (20) to thirty (30).
Accordingly, Section 5.1(A) ofthe Agreement is amended to provided that the User shall have
the right to use the Sportsplex facilities pursuant to this Agreement for conducting up to thirty
(30) HRM Events during each Soccer Season. In addition, all other references to "twenty (20)
HRM Events" in the Agreement shall be changed to "thirty (30) HRM Events".
b. Artificial Turf Practice Field. The Authority and VBS have added a newly
constructed artificial turf practice field to the Sportsplex facilities. The parties agree that the
"Sportsplex" as described in the Agreement shall include the artificial turf practice field located
on the Northeast side of the Sportsplex, and all terms and conditions of the Agreement with
respect to the Sportsplex shall apply to such artificial turf practice field.
2
4. Counterparts. This First Modification may be executed in multiple counterparts,
each of which shall be an original, but all of which shall constitute one and the same First
Modification.
5. Ratification. Except as modified hereby, the Agreement is hereby ratified and
confirmed and remains in full force and effect.
[Signatures contained on following pages.]
3
IN WITNESS WHEREOF, the duly authorized representatives of the parties have
caused this First Modification to be executed and delivered as of the date and year first above
written.
AUTHORITY:
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY, a political subdivision of the
Commonwealth of Virginia
(SEAL)
ATTEST:
By:
Name:
Title: Chairman I Vice Chairman
Date:
Secretary I Assistant Secretary
VBS:
VIRGINIA BEACH SOCCER, L.L.C.,
a Virginia limited liability company
By:
Manager
(SEAL)
Date:
X:\OIDIREAL EST A TE\Commercial ProjectslSportsplexlFirstModificationloJUA.doc
4
SPORTSPLEX
MARINERS PRACTICE FIELD
LOCATION MAP
_ _ Feet
o 265 530 1,060 1,590 2,120
N
A
K. APPOINTMENTS
BEACHES and WATERWAYS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
MEALS TAX TASK FORCE
RESORT ADVISORY COMMISSION (RAC)
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
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ITEM # SUBJECT MOTION VOTE L R S N X F E T A N D
I BRIEFINGS:
A. EMS StaffinglDeployment
B. REAL ESTATE ASSESSMENT
C. MINORITY SUBCONTRACTING
11,11I/
IVIV- CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y A Y Y Y Y Y Y Y Y Y
E
F MINUTES -February 14,2006 APPROVED 10-0 Y A Y Y Y Y Y Y Y Y Y
GIH PUBLIC HEARINGS
1. LEASElPieces of Eight, at 2nd Street/Atlantic No speakers
Ave
2. BYRNE MEMORIAL JUSTICE GRANT No speakers
3. ARP property acquisition in Interfacility Traffic No speakers
Area
IIJ-l.a Ordinances to AMEND the City Code:
Section 35-182 re exemption of admission taxes ADOPTD BY 10-0 Y A Y Y Y Y Y Y Y Y Y
for schools CONSENT
b Section 18-75 re business licenses/gross receiptsl ADOPTED BY 10-0 Y A Y Y Y Y Y Y Y Y Y
contractors CONSENT
c Section 6-12 re ridingborses/driving vebicles on ADOPTED, AS 9-1 Y A Y N Y Y Y Y Y Y Y
beach/dunes REVISED, BY
CONSENT
d Section 2 I - I re State Code/prohibit driving while ADOPTED BY 10-0 Y A Y Y Y Y Y Y Y Y Y
intoxicated (DWI) CONSENT
2 Ordinance to AUTHORIZE lease for PIECES OF ADOPTED BY 10-0 Y A Y Y Y Y Y Y Y Y Y
EIGHT, LLC (Pirate Cruise) at 2nd Street/Atlantic CONSENT
Ave at Rudee Loop
3 Ordinancee to AUTHORIZE acquisition of portion ADOPTED BY 10-0 Y A Y Y Y Y Y Y Y Y Y
of Smith Fishing Station/adjacent property from CONSENT
City of Norfolk to preserve Lake SmithlLake
Lawson
4 Ordinance ESTABLISHING "Transition Rules" re DEFERRED TO 10-0 Y A Y Y Y Y Y Y Y Y Y
development in RT-2 District 3/07/2006 BY
. CONSENT
5 Ordinance to ACCEPT donation ofCybex Fitness ADOPTED BY 10-0 Y A Y Y Y Y Y Y Y Y Y
Equipment from Wareing's Gym to Police Law CONSENT
Enforcement Traininl!. Center
6 Resolution AUTHORIZING City Manager to ADOPTED AS 10-0 Y A Y Y Y Y Y Y Y Y Y
expend $30,000 from (TGIF)-Oceanfront Special REVISED BY
Events to Va Beach Jaycees 44'0 Annual East CONSENT
Coast Surfing Championsbips (ECSC)
7 Resolution GRANTING Cox Communications of ADOPTED BY 10-0 Y A Y Y Y Y Y Y Y Y Y
Hampton Roads, LLC (COX) a second extension to CONSENT
Request for Formal Renewal Proposal to April 24,
2006
K-I TIMOTHY B./TANIA OLDFIELD closure of APPROVEDI 10-0 Y A Y Y Y Y Y Y Y Y Y
portion of alley, Croatan Beach at 829 Vanderbilt CONDITIONED
A venue, to incorporate property into existing single- BY CONSENT
familv Darcel. (DISTRICT 6 - BEACH)
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
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ITEM # SUBJECT MOTION VOTE L R S N X F E T A N D
2 Variance to ~ 4.4(b) of the Subdivision Ordinance APPROVEDI 10-0 Y A Y Y Y Y Y Y Y Y Y
that all lots meet CZO for SIROUS CONDITIONED
SHOTORBANffARAH KISER at 1516 Mill Dam BY CONSENT
Road re two lots for single-family dwellings.
(DISTRICT 5 - L YNNHA VEN)
3 SPRINTCOM, INC. .for CUP re communication APPROVEDI 10-0 Y A Y Y Y Y Y Y Y Y Y
tower at 5648 Campus Drive. (DISTRICT 4- CONDITIONED
BA YSIDE) BY CONSENT
4 HERON RIDGE PROPERTIES II, L.L.C. at DEFERRED 10-0 Y A Y Y Y Y Y Y Y Y Y
2817 Seaboard Road (DISTRICT 7 - PRINCESS INDEFINITELY
ANNE)
a. C02 from AG-lIAG-2 to Conditional R-20 to
develop single-family homes
b. Variance to ~4.4 (b) of the Subdivision
Ordinance that all lots meet CZO
5 RH Builders, Inc. on Shumey Lanel Wesleyan APPROVED AS 8-2 Y A Y N Y N Y Y Y Y Y
Drive (DISTRICT 4 - BA YSIDE) PROFFERED BY
CONSENT
a. C02 from 8-2 to A-36 to develop multi-family
housing
b. CUPre housine for seniors
6 TANK LINES, INC. C02 from B-2 to APPROVED AS 10-0 Y A Y Y Y Y Y Y Y Y Y
Conditional I-I at 1357 Diamond Springs Road re PROFFERED BY
office/warehouse. (DISTRICT 4 - BA YSIDE) CONSENT
7 BELLAMY ASSOCIATES, L.c. C02 from R- DEFERRED 10-0 Y A Y Y Y Y Y Y Y Y Y
7.5 to Conditional A-IS at 4416 Princess Anne INDEFINITELY
Road re multi-family dwellings. (DISTRICT 2 -
KEMPSVILLE)
L APPOINTMENTS RESCHEDULED B Y C 0 N S E N S U S
BEACHES imd WATERWAYS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY
COMMmEE - PPEA
MEALS TAX TASK FORCE
RESORT ADVISORY COMMISSION (RAe)
MINI ADJOURNMENT 7:33 PM
0