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MAY 9, 2006 MINUTES CITY OF VIRGINIA BEACH A COMMUNITY FOR A LIFETIME CITY COUNCIL MA YOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - Districl 4 HARRY E. DIEZEL Kempsville - District 2 ROBERT M. DYER, Centervil/e - 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 C17Y A1TORNEY - LESLIE L. LILLEY CiTY CLERK - RUTH HODGES SMITH, MMC 9 MAY 2006 I. CITY MANAGER'S BRIEFING Conference Room 1. RUDEE LOOP Donald Maxwell, Director, Economic Development CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE'(757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com 1:30PM 2. COX CABLE FRANCHISE Gwen Cowart, Director, Communications and Information Technology Department 3. FY 2006-2007 BUDGET DISCUSSION II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS V. INFORMAL SESSION Conference Room A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 4:00 PM VI. FORMAL SESSION Council Chamber 6:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Walter A. Whitehurst Pastor - Retired 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. PUBLIC HEARING: FY 2006-2007 Management Resource Plan (Budget) April 20, 2006 2. INFORMAL and FORMAL SESSIONS April 25, 2006 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. COX COMMUNICATIONS HAMPTON ROADS LLC, INC. - Franchise 2. LEASE OF CITY-OWNED PROPERTY a. C.B.M. Co. tla SCHOONER INN - 215 Atlantic Avenue I. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinances re FY 2006-2007 Biennial Resource Management Plan (Operating Budget): a. EST ABLISH the tax levy on real estate for FY 2007 at $0.99 b. ESTABLISH the tax levy on personal property and machinery and tools for the calendar year 2007 at $3.70 c. APPROPRIATE $1,639,515,908 for the Fiscal Year, beginning July 1,2006, and ending June 30, 2007, for Operations and $575,632,538 in Interfund Transfers regulating the payment of money out of the City Treasury, as amended d. AUTHORIZE the City Manager to submit an Annual Funding Plan to the U. S. Department of Housing and Urban Development (HUD) re review, approval and funding of the Plan 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. APPROPRIATE $9,000,000 funding within the Sandbridge Tax Increment Financing (TIF) District as SURPLUS in the FY 2005-2006 Operating Budget g. AMEND funding sources for the Agriculture Reserve Program (ARP) by lowering the amount of real estate tax revenue to nine-tenths of a cent (.9 cent) h. AMEND 917-19 ofthe City Code re assessment of additional Court costs to support the Public Law Library 1. AMEND ~35-280 of the City Code re motor vehicle license fees 2. Ordinances re FY 2006-2007 BIENNIAL CAPITAL BUDGET: a. FY 2007/FY 2012 Capital Improvement Program (CIP) and APPROPRIATE $214,569,984 for the FY 2007 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$63,800,000 for various public facilities and general improvements c. AUTHORIZE issuance of Storm Water Utility System Revenue Bonds in the maximum amount of $2,51 0,000 d. AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the maximum amount of $18,950,465 e. Resolution AUTHORIZING the City Manager to use EXCESS FY2005-06 Fund Balance from the General Fund for selected capital projects 3. Ordinance to AMEND and REORDAIN 996-112 and 6-113 re designation of channel lines and mooring or anchoring within marked channels 4. Ordinance to ADD 921-303.1 to the City Code for enforcement and penalties re parking spaces reserved for persons with disabilities violations 5. Ordinance AUTHORIZING the City Manager to execute a twelve-month Lease with the C.B.M. Co. TIA SCHOONER INN to be used as an overflow parking lot for registered guests at 108 Atlantic Avenue (DISTRICT 6 - BEACH) 6. Ordinance AUTHORIZING the Sheriff to reimburse $1,500 to a Deputy for legal fees and expenses incurred during defense of a criminal charge resulting from the performance of official duties from the Sheriffs office FY 2005-06 Operating Budget. 7. Ordinances to AUTHORIZE temporary encroachments into: a. City's right-of-way at Cypress Avenue (aka 416 Caspian Avenue) by CHRISTOPHER A. and KALLI T. SCAGLIONE to construct and maintain riprap and a pier (DISTRICT 6 - BEACH) b. Bass Inlet East (adjacent to 2841 Sandpiper Road) by ANDERS HELLSTROM to construct and maintain a boat dock (DISTRICT 7 - PRINCESS ANNE) 8. Ordinance to APPROPRIATE $49,185 in estimated revenue from the State Compensation Board to the Commonwealth's Attorney's FY 2005-06 Operating Budget re purchase of equipment and various other expenses. 9. Ordinance to ACCEPT and APPROPRIATE $80,000 from West Neck Properties, Inc. (Eagles Nest) to Capital Improvement Project (CIP) "Open Space Program Site Acquisition," re acquiring land for open space consistent with the Outdoors Plan. 10. Ordinance to ACCEPT and APPROPRIATE $31,000 from Kemp Fussell, L.L.C. (Bernard Farms) to the Capital Improvement Project (CIP), "Park Playground Renovations - Phase II," to subsidize renovations to Landstown Meadows Neighborhood Park. 11. Ordinance to TRANSFER $4,000,000 within the FY 2005-06 School Board Operating Budget: a. $1,090,000 from Instruction to Transportation b. $2,500,000 from Instruction to Operations and Maintenance c. $ 410,000 from Administration, Attendance and Health to Operations and Maintenance 12. Resolution ESTABLISHING the Green Ribbon Committee re improvement of water quality in the City's waterways K. PLANNING 1. Application of ROBERT M. ROUSSEAU for an Enlargement of a Nonconforminsz Use at 403 16th Street. (DISTRICT 6 - BEACH) STAFF RECOMMENDATION: INDEFINITE DEFERRAL 2. Application of BURTON and NANCY C. JUDA for a Conditional Use Permit re a residential kennel for seven (7) dogs at 205 Coventry Road. (DISTRICT 2 - KEMPSVILLE) RECOMMENDA TION: APPROV AL 3. Application of JOHN and VICKIE CHAPPELL for a Conditional Use Permit re a home occupation (to construct a building for the production of jams, jellies, cakes) at 506 Princess Anne Road. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROV AL 4. Application of LUCY RUTTER for a Conditional Use Permit re alternative residential development to subdivide the site into three (3) residential lots at 2165 Pungo Ferry Road. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPRO V AL 5. Applications of PROSPERITY BEACH, L.L.C. and W A W A, INC. at Oceana Boulevard and Eaglewood Drive. (DISTRICT 6 - BEACH): a. Prosperity Beach L.L.C. for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-2 Community Business District to develop the site for fuel and retail sales b. W A W A, INC for a Conditional Use Permit re gasoline sales in conjunction with a convenience store RECOMMENDATION: APPROV AL 6. Application of29 OCEAN, L.L.C. for a Change of Zoning from RT-3 Resort Tourist, A-36 Apartment and A-12 Apartment to Conditional RT-3 Resort Tourist with a Laskin Road Gateway Overlay at Arctic Avenue and 29th Street. (DISTRICT 6 - BEACH) DEFERRED: RECOMMENDATION: APRIL 25, 2006 APPROV AL 7. Application of DANNY K. MARTIN for a Change of Zoning District Classification from R-5D Residential Duplex District to Conditional I-I Light Industrial District at 5840 Burton Station Road to develop an office-warehouse facility. (DISTRICT 4 - BA YSIDE) STAFF RECOMMENDS: PLANNING COMMISSION RECOMMENDS: DENIAL APPROV AL 8. Application of 1345 OCEANA, L.L.C. for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-2 Community Business District at 1345 and 1335 Oceana Boulevard to develop the site with office-warehouse (storage) and commercial uses. (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL 9. Application of the CITY OF VIRGINIA BEACH for a Change of Zoning District Classification from R-20 Residential District to P-l Preservation District at the northeast extremity of Shell Road to preserve the property as OPEN SPACE. (DISTRICT 4 - BA YSIDE) RECOMMENDATION: APPROVAL M. APPOINTMENTS BEACHES and WATERWAYS COMMISSION GREEN RIBBON COMMITTEE HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA MEAL TAX TASK FORCE MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE PARKS AND RECREATION COMMISSION SHORE DRIVE ADVISORY COMMITTEE SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA SPORTS AUTHORITY OF HAMPTON ROADS N. UNFINISHED BUSINESS O. NEW BUSINESS 1. Reschedule or cancel Informal and Formal Sessions of July 4,2006 (legal holiday). P. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** ******** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Hearing impaired, call 1-800-328-1120 * * * * * * * * * * * Agenda 05/04/06 gw \V \ V\y. yhg~) Y,~QI11 - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 9 May 2006 Mayor Meyera E. Oberndorf called to order the 2006-2007 RESOURCE MANAGEMENT PLAN WORKSHOP re Virginia Beach City Schools in the City Council Conference Room, City Hall, on Tuesday, April 25, 2006, 2006 at 2:00 P.M. Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva and James L. Wood Council Members Absent: Richard A. Maddox [Entered: 2:00 P.M.] Jim Reeve [Entered: 1:38 P.M.] Rosemary Wilson [Entered; 1:40 P.M.] May 9, 2006 - 2 - MA YOR'S COMMENTS 1:30 P.M. ITEM # 55158 Mayor Oberndorf introduced and congratulated Council Members-Elect: Barbara M. Henley Princess Anne - District 7 William R. "Bill" DeSteph At Large John E. Uhrin Beach - District 6 ITEM # 55159 Mayor Oberndorf advised the City Manager's Briefing re RUDEE LOOP will be RESCHEDULED. Council Lady McClanan requested information be provided relative Rudee Loop which had prompted this Briefing. May 9, 2006 - 3 - C IT Y MANA G E R 'S B R IE FIN G COX CABLE FRANCHISE 1:33 P.M. ITEM # 55160 Gwen Cowart, Director - Communications and Information Technology, advised the East Coast Regional Association of Public Safety Communications Officials Conference, is being conducted at the Convention Center (May 8 through May 10, 2006). Mayor Oberndorf welcomed these officials to the City on May Eighth. On July 24, 2003, Cox Communications notified the City of their desire to renew the 1991 cable franchise. The proposed franchise ordinance provides favorable economic and customer service terms in relation to both the existing 1991 franchise and the newly enacted state ordinance franchise legislation. Key Components IO-year term The franchise fee (5%) is calculated using the current definition of gross revenues through December 31, 2006. The Virginia Sales and Use Tax definition of gross revenues will apply January 1, 2007. (Cox Cable has continued to use the existing broader definition of Gross Revenues through December 31,2006) Preserves three (3) existing Basic Tier Government and Education Access Channels Adds future growth of four (4) digital Government and Education Access channels, of which one will be encrypted for use as an internal training channel, which provides new opportunities for training Public Safety employees Provides for a capital fee of $0.20 per subscriber per month to support educational and governmental access channel capital and other service needs identified during the community needs assessment Provides cable service to all municipal and public school facilities Requires a convenient local customer service and bill payment location in the City where subscribers can receive face-to-face service Consistent with all federally required customer service and customer protection standards Thomas A. Prevette, Vice President - Government Affairs, Cox Communications, advised there will not be a rate increase as a result of the Franchise. Mr. Prevette expressed appreciation to the City Manager's staff for the forthright and professional manner in which the Franchise renewal was conducted. This is an incredibly competitive environment. Verizon is currently building a system, which upon the successful negotiation of a Cable television franchise with the City of Virginia Beach, will allow them to compete with Cox Communications. Concern was expressed relative the intrusions and damage by Verizon into various neighborhoods. May 9, 2006 - 4 - C IT Y MANA G E R 'S B R IE FIN G COX CABLE FRANCHISE ITEM# 55160 (Continued) Cox is entering their 30th year being the sole franchise provider of cable television to the City of Virginia Beach and believed it in their best interest, prior to a new State law being effective, to negotiate a mutually agreeable Franchise. Cox faces continuing increases from contact providers and cannot guarantee Cox nor Verizon prices will ever increase. Under State Law, Verizon has the right to designate their initial service area (i.e.10%, 20% or 50%) of the City and must build out 100% of their initial service area in three (3) years. City Council has the ability within seven (7) years to require 65% of the available homes to be served by a new competitor and 80% within ten (10) years. Mr. Prevett advised the negotiated points in the Franchise are not the components requiring upward pressure of the rates. Cox has historically charged a 5% Franchise Fee passed through to the customers and this is then remitted to the City as aform offranchise payment. Effective January 1, 2007, a State Sales Tax will replace a Franchise Fee. The sections of the Code, which dictate rates to citizens, will then be utilized and these will then be reallocated in a formula developed in Richmond. In addition to this Sales tax, there will also be a 65~ per customer subscriber access client charge remitted directly to the City. Mrs. Cowart advised currently there is Federal legislation under consideration which could take all of franchising and right-ol-way administration from the State and localities and place at the Federallevel. If a neighborhood moves to underground utilities, the Franchise stipulates Cox Communications must stay consistent and continue to place lines underground. The Cox Communications Franchise Ordinance shall be scheduled for the City Council Session of May 23,2006. May 9, 2006 - 5 - CITY COUNCIL'S DISCUSSION FY 2006-2007 RESOURCE MANAGEMENT PLAN ITEM # 55161 2:10P.M. Mayor Oberndorf and Vice Mayor Jones referenced their correspondence of May 3, 2006 re Budget Reconciliation Items. Referencing the Proposed General Fund Reductions (FY 2006-07 and FY 2007-08) distributed during City Council Budget Reconciliation on May 3, 2006, Council Lady McClanan expressed concerns of both citizens, volunteers and employees of the Agricultural Department, 4-H, Master Gardners, Farmers Market, CERT Coordinator, the Color Committee, etc. Council Lady McClanan had been advised by all that she was the one who instituted all of these "cuts". Council Lady McClanan has been closer to these facets of Agriculture than anyone in the City. She grew up a 4-H member and was the second best in Kentucky and then the best and subsequently an International Farm Youth Exchangee. Mrs. McClanan has worked with the Color Committee since its formation. The School system is not the only one "too- heavy" with employees; the City continues to add people. There are many volunteers who are Master Gardners, and the participants in the Friday Night Hoe-downs. Councilman Dyer concurred and believed a process problem exists. Councilman Dyer advised the City's commitments and expenditures are exceeding revenue and the City is not reducing the spending. Councilman Dyer suggested a year-round budget process. Councilman Diezel suggested the City Council's Annual Retreat be dedicated to the method of structuring the Operating Budget process. Government Spending should be capped at no more than 5% per year until the Budget is determined, irrespective of what the real estate appreciation may be. Councilman Diezel does not believe the D.A.R.E. function should be cut in 'half. Mayor Oberndorf referenced a telephone call from a very active Chair of the Soil and Water Conservation group. The City Manager had stated these cuts were not designated as recommendations, simply ideas to review. This list had been prepared in response to a request from several City Council Members to lower the tax rate even further. Mayor Oberndorf advised the City Manager had recommended this list not be distributed. The City Manager referenced the only criteria utilized in the list was to separate core functions from non- core functions. The City Manager advised Virginia Beach has the lowest real estate, personal property and utility rates in the Region. Solid waste service is provided without a charge. Councilman Reeve believes in four-man staffing for the fire fighters. He does not support cutting the Department of Agriculture. He believes the next two years would entail "tough" work as these real estate assessments flatten out and the Federal and State Governments do not provide the roads and maintain Standards of Learning and Quality of the Schools. The Virginia Beach Public Schools will continue to be the major growth in the Operating Budget. Council Lady McClanan referenced Councilman Schmidt's correspondence of May 3, 2006. May 9, 2006 - 6 - C IT Y CO UN C I L 'S D IS C US S ION FY 2006-2007 RESOURCE MANAGEMENT PLAN ITEM # 55161 (Continued) Councilman Wood expressed concern re the elimination of the Microcomputer Systems Analysts I and II positions in Centralized Booking (Sheriff's Department). The City Manger advised options have been identified. The addition of more Deputies than Police Officers has been approved. This item shall be reviewed. The City Manager suggested between the Sheriff and Police Departments, the funding should be found. Councilman Wood believes the tax assessment process should be discussed with the State Legislators. Councilman Schmidt distributed his Analysis of Virginia Beach Real Estate Taxes. The document basically states the real estate tax, which was $396-MILLION in FY 2005-2006, will increase to $464- MILLION in FY 2006-2007 AND $529-MILLION in FY 2007-2008, A $68-MILLION increase this year and a $65-MILLION increase next year. Utilizing Mrs. Whitesell's 4% attrition rate, and taking total personnel expenditures equates to approximately $59,000 per City and School employee. 4% of the 6,200 City employees is approximately 25 personnel. Just through attrition, not through elimination (through people leaving in the normal course) is approximately $15-MILLION a year of the $25-MILLION the City needs. The new tax rate suggested FY 2006-2007: $0.8972 and FY 2007-2008 ($0.8179). Councilman Schmidt encouraged City Council to consider the FY 2006-2007 Resource Management Plan the balance of the week and suggested a Special City Council Session be scheduled for Monday, May 15, 2006, to consider adoption of the Biennial 2006-2007/FY 2006-07 Operating Budget and FY 2006-2007/2011-2012 Capital Improvement Program. Mrs. Whitesell advised the majority of attrition is through retirement. Councilman Maddox advised huge segments of the population are paying a disproportionate share of the increase in government and cannot keep doing this. The chances of receiving assistance from the State are probably "slim to none". Councilman Maddox concurred with spending additional time to consider the Operating Budget. Councilman Maddox suggested a bifurcated tax rate or another type of sliding scale (changing the method by which the tax is calculated). The City Attorney advised the General Assembly has latitude to make certain changes in the real estate tax and classifY property for taxes. Councilman Dyer concurred with discussing the Operating Budget during the City Council Retreat and suggested the City's General Assembly Delegation be included in the second portion of the Retreat, so issues could be discussed. The City Manager advised revenues, rather than expenditures, are being examined in Councilman Schmidt's proposal. The City Manager advised staff would abide by City Council's direction. Vice Mayor Jones advised the Virginia Beach City Schools have no idea of this proposal. Council Lady Wilson concurred and advised the Schools have worked diligently reducing class size. This proposal might lead to further increases in class size. May 9, 2006 - 7 - CITY COUNCIL'S DISCUSSION FY 2006-2007 RESOURCE MANAGEMENT PLAN ITEM # 55161 (Continued) Councilman Villanueva advised he represented the Mayor at the Freedom Fest, April 29, 2006, Mount Trashmore, honoring members of the Military and recognizing the sacrifices made by them and their families. This monumental event was sponsored by many faith-based organizations. Councilman Villanueva believes Freedom Fest is the type of event envisioned with the creation of the Patriotic Festival. The Patriotic Festival seems to be wavering from its primary intent re honoring our soldiers and their families. Councilman Villanueva was reprimanded by a family for the City Council not recognizing that their son was killed in action. Councilman Villanueva suggested the City Council recognize the death of our Virginia Beach military. Charles Meyer, Chief Operating Officer, advised relative the Boys Recreation League Baseball being eliminated. Mr. Meyer has been conferring with Councilman Villanueva and the Recreation Associations re sharing the cost. The cost per team is approximately $950. 25% of the cost could be contributed by the Association, with the City providing the balance. Parks and Recreation has the authority to establish the contributions. The $25,000 can be absorbed within the Parks and Recreation Operating Budget. Council Lady Wilson advised the Contemporary Arts Center has indicated 15% of their Budget is derived from the City and without this contribution their "doors would have to close". The Ordinances re FY 2006-2007 Biennial Resource Management Plan (Operating Budget) and Ordinances/Resolution re FY 2006-2007 BIENNIAL CAPITAL BUDGET shall be heard during tonight's (May 9, 2006) City Council's Formal Session. May 9, 2006 - 8 - CITYCOUNCIL LIAISON REPORTS 3:28 P.M. ITEM #55162 Council Members Wood and Schmidt, Liaisons to the SANDLER CENTER FOR THE PERFORMING ARTS, distributed their report, which is hereby made a part of the record. A meeting was held today relative the Theatre. It is on schedule. Present Status November 1, 2004: Notice to Proceed was issued to Clancy and Theys Construction Company January 2005: Formed Capital Campaign/Non-Profit Foundation Steering Committee January 2005: Developed Campaign Plan, timeline, roles and responsibilities of members February, 2005 - March 2005: Update Business Plan/Activity Profile - completed April 1, 2005: Issued RFP for Programming and/or Management June 2005: Non-Profit Foundation awarded tax exempt status by Internal Revenue Service Summer 2005: Demolition of Pavilion theatre December 5, 2005: City Council Briefing on final interior design and plaza design details February 21, 2006: Council Briefing on Management options and recommendations. Winter 2006: Capital Campaign reached 50% of $12.5-MILLION goal. April 18, 2006: First scheduling meeting took place with major users of Sandler Center. Ongoing: Recruit members to the Campaign Steering Committee and Honorary Advisory Committee. The Advisory Committee to work in design review, facility usage and public awareness Construction Activity Highlights State house concrete columns up to 60 feet are in place l't level balcony steel and beams are in place CMU auditorium walls are in place Installation of rough-in waste/vent piping in northeast "A" and southwest "B" areas, l't and 2nd floors in progress Installation of rough-in HVAC ductwork northeast "A" and southwest "B" areas, lstfl . oor m progress Overhead electrical rough-in northeast "A" and southwest "" areas, ground floor in progress May 9, 2006 - 9 - CITY COUNCIL LIAISON REPOR TS ITEM # 55162 (Continued) THE SANDLER CENTER FOR THE PERFORMING ARTS Near-Future Actions Spring 2006 - Management Pre-Opening Services Contract Execution Spring 2006 - Management Post-Opening Services Contract Execution Fall 2007 - Opening of new Performing Arts Theatre Unresolved Issues/Issues Under Study Block 6 Northeast Parcel: Cost and schedule impact under review for a concurrent PAC and 6E parcel construction with a mid- September 2007 inaugural performance. ITEM # 55163 Councilman Maddox, Liaison to the CONVENTION CENTER, distributed his report: Said information is hereby made a part of the record. Project Budget: The project budget is $206.844,513. The work is currently progressing on budget and projected to be completed within this amount. GMP and Construction Status: The current amount of the Construction Management Agreement with Turner Construction is $159,323,058. As of March 31, 2006, the gross billings were $135,282,352 for completed work. Schedule: The current contract completion date for substantial completion of Phase 1 B is December 15, 2006. Turner is currently twelve (J 2) days behind schedule. Construction Activities: Phase 1A: Punch list is 99% complete. Should befinished by mid May Phase 1 B: Continuing with concrete floors, walls and columns Continuing with parking lots and drive lanes Roof truss installation: As of March 31,four (4) trusses have been set Issues: Working on the design and cost to install a canopy from the ballroom pre-function area to the ballroom drop-off area. Due to complaints about the boardroom, a redesign of the boardroom table is in process May 9, 2006 - 10- CITY COUNCIL COMMENTS 3:30 P.M. ITEM # 55164 Councilman Wood distributed for City Council's consideration and scheduling for the City Council Session of June 6, 2006. Ordinance to AMEND Article II of the City Code by ADDING Section 2-15 to provide for Mayoral, City Council and School Board elections to take place on the First Tuesday in November. This Ordinance had been previously sponsored by the Mayor in 2001 and 2003. ITEM # 55165 Mayor Oberndorf requested City Council's decision concerning rescheduling or canceling Informal and Formal Sessions of July 4,2006 (legal holiday). City Council shall RESCHEDULE July lh to July 18 and CANCEL the Sessions for August 1, 2006. City Council will meet July 11 and 18, 2006, with vacation July 19 - August 6, 2006. This item shall be ADDED under NEW BUSINESS during the Formal Session. ITEM # 55166 Councilman Villanueva advised on January 11, 2006, Old Dominion University (ODU) announced plans to open a four-year branch campus at the Virginia Beach Higher Education Center. President Roseann Runte has requested, on behalf of the City Council and ODU Alumni, a Resolution expressing support be ADOPTED by the City Council of Virginia Beach. A Resolution shall be SCHEDULED for the City Council Session of May 23, 2006. May 9, 2006 - 11 - A GENDA REVIEW SESION 3:40 P.M. ITEM # 55167 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS 3. Ordinance to AMEND and REORDAIN 996-112 and 6-113 re designation of channel lines and mooring or anchoring within marked channels 4. Ordinance to ADD 921-303.1 to the City Code for enforcement and penalties re parking spaces reserved for persons with disabilities violations 5. Ordinance AUTHORIZING the City Manager to execute a twelve-month Lease with the C.B.M. Co. T/A SCHOONER INN to be used as an overflow parking lot for registered guests at 108 Atlantic Avenue (DISTRICT 6 - BEACH) 6. Ordinance AUTHORIZING the Sheriff to reimburse $1,500 to a Deputy for legal fees and expenses incurred during defense of a criminal charge resulting from the performance of official duties from the Sheriff's office FY 2005-06 Operating Budget. 7. Ordinances to AUTHORIZE temporary encroachments into: a. City's right-ofway at Cypress Avenue (aka 416 Caspian Avenue) by CHRISTOPHER A. and KALLI T. SCAGLIONE to construct and maintain riprap and a pier (DISTRICT 6 - BEACH) b. Bass Inlet East (adjacent to 2841 Sandpiper Road) by ANDERS HELLSTROM to construct and maintain a boat dock (DISTRICT 7 - PRINCESS ANNE) 8. Ordinance to APPROPRIATE $49,185 in estimated revenue from the State Compensation Board to the Commonwealth's Attorney's FY 2005-06 Operating Budget re purchase of equipment and various other expenses. 9. Ordinance to ACCEPT and APPROPRIATE $80,000 from West Neck Properties, Inc. (Eagles Nest) to Capital Improvement Project (CIP) "Open Space Program Site Acquisition, " re acquiring land for open space consistent with the Outdoors Plan. 10. Ordinance to A CCEPT and APPROPRIA TE $31,000 from Kemp Fussell, L.L.C. (Bernard Farms) to the Capital Improvement Project (CIP), "Park Playground Renovations - Phase IL " to subsidize renovations to Landstown Meadows Neighborhood Park. May 9, 2006 - 12 - AGE N DA REV IE W S E S ION ITEM # 55167 (Continued) 11. Ordinance to TRANSFER $4,000,000 within the FY 2005-06 School Board Operating Budget: a. $1,090,000 from Instruction to Transportation b. $2,500,000 from Instruction to Operations and Maintenance c. $ 410,000 from Administration, Attendance and Health to Operations and Maintenance 12. Resolution ESTABLISHING the Green Ribbon Committee re improvement of water quality in the City's waterways Council Lady McClanan will vote a VERBAL NAY on Item J.4 Councilman Reeve will vote a VERBAL NA Yon Item J.l albic May 9, 2006 - 13 - A GENDA REVIEW SESION ITEM # 55168 7. Application of DANNY K. MARTIN for a Chanf!e ofZoninf! District Classificationfrom R-5D Residential Duplex District to Conditional 1-1 Light Industrial District at 5840 Burton Station Road to develop an office-warehouse facility. (DISTRICT 4 - BAYSIDE) Vice Mayor Jones requested a Briefing be provided by the City Manager's staff concerning the Burton Station Plan and requested DEFERRAL until the City Council Session of May 23, 2006. ITEM # 55138 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING 1. Application of ROBERT M. ROUSSEA U for an Enlarf!ement of a Nonconforminf! Use at 403 16th Street. (DISTRICT 6 - BEACH) 2. Application of BURTON and NANCY C. JUDAfor a Conditional Use Permit re a residential kennel for seven (7) dogs at 205 Coventry Road. (DISTRICT 2 - KEMPSVILLE) 3. Application of JOHN and VICKIE CHAPPELLfor a Conditional Use Permit re a home occupation (to construct a building for the production of jams, jellies, cakes) at 506 Princess Anne Road. (DISTRICT 7 - PRINCESS ANNE) 4. Application of LUCY RUTTERfor a Conditional Use Permit re alternative residential development to subdivide the site into three (3) residential lots at 2165 Pungo Ferry Road. (DISTRICT 7 - PRINCESS ANNE) 5. Applications of PROSPERITY BEACH, L.L.e. and WAWA, INe. at Oceana Boulevard and Eaglewood Drive. (DISTRICT 6 - BEACH): a. Prosperity Beach L.L. C. for a Chanf!e of Zoninf! District Classification from AG-2 Agricultural District to Conditional B-2 Community Business District to develop the site for fuel and retail sales b. W A W A, INC for a Conditional Use Permit re gasoline sales in conjunction with a convenience store 6. Application of29 OCEAN, L.L.e.for a Chanf!e of Zoning from RT-3 Resort Tourist, A-36 Apartment and A-I2 Apartment to Conditional RT-3 Resort Tourist with a Laskin Road Gateway Overlay at Arctic Avenue and 29th Street. (DISTRICT 6 - BEACH) May 9, 2006 - 14- A GENDA REVIEW SESION ITEM # 55168 (Continued) 7. Application of DANNY K. MARTIN for a Chanf!e o(Zoninf! District Classification from R-5D Residential Duplex District to Conditional 1-1 Light Industrial District at 5840 Burton Station Road to develop an office-warehouse facility. (DISTRICT 4 - BAYSIDE) 8. Application of 1345 OCEAN A, L.L. C. for a Chanf!e o( Zoninf! District Classification from AG-2 Agricultural District to Conditional B-2 Community Business District at 1345 and 1335 Oceana Boulevard to develop the site with office-warehouse (storage) and commercial uses. (DISTRICT 6 - BEACH) 9. Application of the CITY OF VIRGINIA BEACHfor a Chanf!e o(Zoninf! District Classification from R-20 Residential District to P-l Preservation District at the northeast extremity of Shell Road to preserve the property as OPEN SPACE. (DISTRICT 4 -BAYSIDE) Item K 1 (ROUSSEAU) DEFER INDEFINITELY, BY CONSENT. Item K.2 (JUDA) DEFER, BY CONSENT until the City Council Session of May 23, 2006. Item K.4 (RUTTER) WITHDRAW BY CONSENT. Item K. 7 (MARTIN) DEFER, BY CONSENT, until the City Council Session of May 23, 2006. May 9, 2006 - 15 - ITEM # 55169 Mayor Meyer E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, peiformance, 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: Beaches and Waterways Commission Francis Land House Board of Governors Governance Committee for Historic Sites Green Ribbon Committee Human Rights Commission Investment Partnership Advisory Committee - PPEA Meal Tax Task Force Minority Business Council Oceana Land Use Conformity Committee Parks and Recreation Commission Shore Drive Advisory Committee Southeastern Public Service Authority Sports Authority of Hampton Roads 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 - Beach District L ynnhaven District Upon motion by Councilman Wood, seconded by Vice Mayor Jones, City Council voted to proceed into CLOSED SESSION (4:05 P.M.). 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: Non (Recess: 4:08 P.M. - 4:15 P.M.) (Closed Session: 4:15 P.M. - 5:20 P.M.) (Dinner: 5:20 P.M. - 6:00 P.M.) May 9, 2006 - 16- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL May 9, 2006 6:00 P.M. Mayor Meyer E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 9, 2006, 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 L. Wood Council Members Absent: None INVOCATION Walter A. Whitehurst Pastor - Retired PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm 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 this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. May 9, 2006 - 17 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM# 55170 Upon motion by Councilman Reeve, seconded by Councilman Schmidt, 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 9, 2006 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREA~ The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 55169, page 15, and in accordance with the provisions of The Virginia Freedom of Information A~ and, WHEREA~ Section 22-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOfY, THEREFORE, BE IT RESOL VE]), 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. ~d~. uth Hodges Smith, MMC City Clerk May 9, 2006 - 18 - Item V-F.1. MINUTES ITEM #55171 Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council APPROVED Minutes of the PUBLIC HEARING: FY 2006-2007 Management Resource Plan (Budget) of April 20, 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. Oberndoif, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 9, 2006 - 19 - Item V-F. 2. MINUTES ITEM #55172 Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council APPROVED Minutes of the INFORMAL and FORMAL SESSIONS) of April 25, 2006. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt. Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: James L. Wood Council Members Absent: None Councilman Wood ABSTAINED re the Minutes of April 25, 2006, as he was absentfrom the Formal Session due to a speaking engagement at Seabreeze Civic League May 9, 2006 - 20- Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM #55173 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION May 9, 2006 - 21 - Item V-G.2. PRESENTATION ITEM # 55174 ADD-ON Dr. Robert W Sullivan, President - American Podiatric Medical Association, Hampton Roads Chapter (APMA) advised the American Podiatric Medical Association and Prevention magazine have selected Virginia Beach as one of the ten (10) Best Walking Cities in America/or 2006 (ranked 6th). Dr. Sullivan presented the Award in Recognition of this achievement to the Mayor and Members of City Council. The Best Walking Cities Competition ranks cities from across the country according to their walkability. The judging criteria include such factors as: percent of the population that walk for exercise, total square miles of parks, miles of trails, points of interest per square mile, percent of the population that golf, pet ownership and sports participation. May 9, 2006 - 22- item V-H.I. PUBLIC HEARING ITEM#55I75 Mayor Oberndorf DECLARED A PUBLIC HEARING: COX COMMUNICATIONS HAMPTON ROADS LLC, INC. - Franchise There being no speakers, Mayor OberndorfCLOSED the PUBLIC HEARING May 9, 2006 - 23 - Item V-H.2. PUBLIC HEARING ITEM #55176 Mayor Oberndorf DECLARED A PUBLIC HEARING: LEASE OF CITY-owned property C.B.M. Co. t/a SCHOONER INN - 215 Atlantic Avenue There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. May 9, 2006 - 24- Item V-J.1a-i, J.2.a-e. ITEM #55177 FY 2006-2007 BEINNIAL RESOURCE MANAGEMENT PLAN (Operating Budget) FY 2006-2010 CAPITAL BUDGET (CIP) The following registered to speak: Ted Dempsey, 2816 Crescent Moon Court, Phone: 563-8906, Master Gardner, waived right to speak as the elimination of the Agricultural Department is no longer an issue. Henry Ryto, 408 Jasper Court, Phone: 687-8585, expressed support of increased funds to Hampton Roads Transportation (HRT) and expressed concern re elimination of Section 8 funding concerning Affordable Housingfor the "working poor ". Jason Dawley, 1480 Princess Anne Road, Phone; 721-2749, Virginia Beach Master Gardner, waived right to speak as the elimination of the Agricultural Department is no longer an issue. Dick Ewing, 820 Winthrop Drive, Phone: 486-6457, President - Virginia Beach Master Gardner's Association, spoke in support of the Maser Gardner Program. There are over 200 active volunteers in this program. The gardens at the Francis Land House, Adam Thoroughgood House and Old Donation Episcopal Church are maintained by this program. These and a host of other projects offer costs savings of over $500,000 or the equivalent of 18 full time city employees. Cameron Kitchin, 1200 Bluebird Drive, Phone: 425-0000, represented the Contemporary Art Center of Virginia and spoke in support. The City provides approximately 15% of their operating budget. Other funds must be raised to match the City's investment.. Uschi Butler, 230 82nd Street Phone: 428-1150, Chair - Contemporary Art Center of Virginia, urged continued support. The Contemporary Art Center organizes and manages the Boardwalk Art Show, which draws several thousand visitors and brings substantial economic benefits to the Beach. The Center will develop an exhibition displaying the Magna Carta as well as other historical documents, a leading exhibit as part of the 2007 Celebration. Bill Campbell, 108 69th Street, Phone: 425-1285,former partner Barker/Campbell/Farley Advertising Agency represented the Contemporary Art Center of Virginia. Mr. Campbell will succeed Uschi as Chair. Approximately 600 children take art courses directly from the Art Center. The Outreach Program reaches 12,000 more children.. John Moss, 4109 Richardson, Phone: 363-7745, Chair - Virginia Beach Taxpayers Alliance, 4109 Richardson Road, Phone: 363-7745, advised the City Manager's recommended budget lowers the living standards of the City's families with a 9% increase in spending and 15% increase in the real estate tax. Barry Marple, 4211 Marblehead Court, Phone: 427-2391, represented the Country Kickin Dance Club (over 1600 members). Mr. Marple spoke in support of the Farmer's Market "Hoe Downs" and country line dancing on the weekends. His wife went through two (2) serious operations and love of dance and regularly going to Farmer's Market has kept her alive. Mr Marple suggested the elimination of consultants. John Wilson, 2280 London Bridge Road, Phone: 427-6515, opposed to any budget reductions concerning Agriculture (Farmer's Market).Mr. Wilson supports small family farms and local agriculture. May 9, 2006 - 25 - Item V-J.1a-i. ITEM #55177 (Continued) Howie Carr, 1160 Eagle Way, Phone: 233-8177, waived re the elimination of the Virginia Beach Cert Coordinator position. Wally Erb, 150 Cayuga Road, Phone: 581-4287, represented the Virginia Homesteaders, opposed to the real estate tax levy John Fenter, 909 West Ferry Plantation Road, Phone: 497-8052, represented the Tidewater Libertarian Party, opposed to the real estate tax levy, 60% to 80% of an individual's income is expended for taxes. Martin Waranch, 111 66th Street, Phone: 491-3343, expressed concern re the real estate tax levy and control of City expenditures. Robert D. 0 'Connor, 204 52nd Street, Phone: 428-0902, requested the tax rate be no more than 86f/; George Bryant, 2320 Dodd Drive, Phone: 481-3309, thirty-eight (38)- year resident ofWolfsnare Plantation, spoke in opposition to the real estate tax rate. Larry Christy, 1413 Cherry Court Phone: 412-4301, requested City Council think "outside the box". The United States is now the largest debtor nation in history. All levels of government are spending beyond their means. Today gold sells for $700 an ounce, five years ago the cost was $250 an ounce. Marylayne Castelluzzo, 5189 Stratford Chase Drive, Phone: 474-4346, long time resident of Kempsville, and School employee. The Operating Budget proposes increases in spending by 9% and real estate taxes of over 15%. City employees actually are giving themselves a raise and losing money because of the tax increases. Will Aygarn, 2264 Stowe Road, Phone: 426-6675, advised he is working two (2) jobs. The City government is too large and extravagant in their expenditures. Mr. Aygarn requested a tax cut and corresponding decrease in assessments Carl Strass, 2828 Bluebill Drive, Phone: 721-3931, expressed concern relative taking $9-MILLION from the Sandbridge Tax Increment Financing (TIF) , which was created in the past to provide sand for the public beach at Sandbridge. Mona Saferstein, 748 Virginia Dare Drive, Phone: 422-0401, Master Gardner, opposed to any budget reductions concerning Agriculture (Farmer's Market) and expressed concern re assessments. Thomas Coghill, 804 Suifside Avenue, Phone: 422-3425 represented the Tidewater Bicycle Association, the Tom Coghill Celebration of Life Bicycle Ride, the Bicycle and Trails Advisory Committee and all the bicycle shop owners in the Tidewater area. Mr. Coghill requested Phases 2 and 3 (CIP 4-064, 4-065 City Bikeways and Trails Improvements) be included within the Budget. Mr. Coghill presented the City Clerk with his resignation (effective immediately) from the Bicycle and Trails Committee. Bob Hedrick, 1132 Blackburn Lane, Phone: 460-0136, Member of the Virginia Beach Taxpayers Alliance, expressed concern re real estate. Mr. Hedrick suggested reducing the City budget, utilizing methods of the private sector Elizabeth K. Gregory, 5008 Lauderdale Avenue, Phone: 363-0267, expressed concern re escalation in tax rates. Mrs. Gregory and her husband are a retired 66-year old couple living on a fixed income. May 9, 2006 - 26- Item V-J.1a-i, J. 2. a-e. ITEAf #55177 (Conunued) Sandy Linkous, 5225 South Lake Road, Phone: 464-1947, 30-year resident of Bayside, requested the real estate tax rate be reduced, eliminate of the Beach Magazine and City Page, and decrease staff in all departments. The City's Budget has increased 9%. Every non essential area should receive cuts instead of increases. Craig Hudgins, 2801 County Place, Phone: 426-5197, spoke in opposition to the City's submission to the Department of Justice. The City should have upheld the standards of the Police force. First priority of Government is to provide for the common defense. Robert Dean, Communications Director - Virginia Beach Taxpayers Alliance, 1204 Shawn Drive, Phone: 426-6606, and 45-year resident. Mr. Dean expressed concern re the tax rate and referenced seventeen (17) letters submitted by the Virginia Beach Taxpayers Alliance which have not received a reply. Said letters are hereby made a part of the record. . Kenneth Pravetz, President - Virginia Beach Professional Firefighters, 4305 Shrew Trail, Phone: 416- 1120, spoke in support of the City Manager's Budget and expressed appreciation re City Council's support of public safety compression and pay plan. Linda House, President - Friends of the Mounted Patrol, 2205 Sages Court, Phone: 689-2046, requested the Mounted Patrol not be cut from the Budget. There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC COAfAfENT SESSION. May 9, 2006 - 27- Item V-J.1 a-i ORDINANCES/RESOLUTIONS ITEM # 55178 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinances re FY 2006-2007 Biennial Resource Management Plan (Operating Budget): a. ESTABLISH the tax levy on real estate for FY 2007 at $0.99 b. ESTABLISH the tax levy on personal property and machinery and tools for the calendar year 2007 at $3.70 c. APPROPRIATE $1,639,515,908 for the Fiscal Year, beginning July 1, 2006, and ending June 30, 2007,for Operations and $575,632,538 in Interfund Transfers regulating the payment of money out of the City Treasury, as amended d. AUTHORIZE the City Manager to submit an Annual Funding Plan to the U S. Department of Housing and Urban Development (HUD) re review, approval and funding of the Plan e. AMEND ii35-64 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 APPROPRIATE $9,000,000funding within the Sandbridge Tax Increment Financing (TIF) District as SURPLUS in the FY 2005-2006 Operating Budget g. AMEND funding sources for the Agriculture Reserve Program (ARP) by lowering the amount of real estate tax revenue to nine-tenths of a cent (.9 cent) h. AMEND i 17-19 of the City Code re assessment of additional Court costs to support the Public Law Library 1. AMEND i35-280 of the City Code re motor vehicle license fees May 9, 2006 - 28 - Item V-J.1a-i ORDINANCES/RESOLUTIONS ITEM # 55178 (Continued) 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, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan and Peter W Schmidt Council Members Absent: None Councilman Dyer expressed OPPOSITION re Items J.l.a. Tax Levy on real estate ($0.99), b. Tax Levy on personal property ($3.70), and J.lf APPROPRIATE $9-MILLION funding within the Sandbridge TIF as Surplus. Councilman Schmidt could not support Item J.l.a. Tax Levy on real estate ($0.99). Council Lady Wilson was OPPOSED to publishing BEACH Magazine and City Page May 9, 2006 1 2 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR FISCAL YEAR 2007 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 2007 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 ninetv-nine one dollar twe aAG thirty nine eRe- 8 hundredths cents ($1.0239) ($0.99) on each one hundred dollars ($100) of assessed valuation thereof. The real 9 property tax rate that has been prescribed in this section shall be applied on the basis of one hundred percentum 10 of the fair market value of such real property, except for public service real property, which shall be on the basis 11 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 2007, 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 ninetv-nine ana dollar twe aAG thirty nine one hundredths cents 26 ($1.0239) ($0.99) 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. 30 Sec. 3. Amount of Levy on Real Estate Within the Sandbridge Special Service District. 31 There shall be levied and collected for fiscal year 2007, taxes for the special purpose of providing beach and 32 shoreline restoration and management at Sand bridge on all real estate within the Sandbridge Special Service 33 District, not exempt from taxation, at the rate of twelve six cents ~ ~ on each one hundred dollars ($100) 34 of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in 35 Section 1 of this ordinance. The real estate tax rate imposed herein shall be applied on the basis 00 of one 36 hundred percentum of the fair market value of such real property~ except for public service real property, which 37 shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 38 Sec. 4. Amount of Levy on Real Estate Within the Town Center Special Service District. 39 For the special purpose of operating and maintaining the parking garage and providing enhanced 40 services for the plaza and public spaces within the boundaries of the service district at the Town Center, as well 41 as other additional services authorized by Virginia Code 9 15.2-2403, there shall be levied and collected for fiscal 42 year 2007, taxes on all real estate within the Town Center Special Service District, not exempt from taxation, at 43 the rate of fifty-seven cents ($.57) on each one hundred dollars ($100) of assessed value thereof. This real estate 44 tax rate shall be in addition to the real estate tax set forth in Section 1 of this ordinance. The real estate tax rate 45 imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real 46 property~ except for public service real property, which shall be on the basis as provided in Section 58.1-2604 of 47 the Code of Virginia. 48 Sec. 5. Severability. 49 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision 50 shall not affect the validity of the remaining portions of this ordinance. 51 Sec. 6. Effective date. 52 The effective date of this ordinance shall be July 1, 2006. Adopted by the City Council of the City of Virginia Beach, Virginia on this 9th day of May, 2006. 53 54 Requires an affirmative vote by a majority of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J1cWd Q_ J~Jif\1 ~ City Attorney's Off e Management Services 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON 2 PERSONAL PROPERTY AND MACHINERY AND TOOLS FOR 3 THE CALENDAR YEAR 2007 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 Sec. 1. Amount of Levy on Tangible Personal Property. 6 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and 7 collected for general purposes for the calendar year 2007 on all tangible personal property, including all separate 8 classifications of personal property set forth in the Code of Virginia, not exempt from taxation and not otherwise 9 provided for in this ordinance, at the rate of three dollars and seventy cents ($3.70) on each one hundred dollars 10 ($100) assessed valuation thereof. 11 Specific categories of personal property taxed at this rate include, but are not limited to, the 12 following: 13 a. aircraft and flight simulators as described in Code of Virginia 9 58.1-3506 (A) (2) and (3) ; 14 b. antique motor vehicles as described in Code of Virginia 9 58.1-3506 (A) (4) ; heavy construction equipment as described in Code of Virginia 9 58.1-3506 (A) (6) ; computer equipment as described in Code of Virginia 9 58.1-3506 (A) (9) ; 15 c. 16 d. 17 e. tangible personal property as described in (a) Code of Virginia 9 58.1-3660 as "certified pollution 18 control equipment and facilities" or (b) Code of Virginia 9 58.1-3661 as "certified solar equipment, facilities or 19 devices and certified recycling equipment, facilities or devices"; and 20 f. personal vehicles as described in 9 58.1-3524 of the Code of Virginia. Taxes shall be levied and 21 collected for general purposes for the calendar year 2007 on the assessed value of all personal vehicles not 22 otherwise exempted from taxation in this ordinance, subject to the following: 23 1. Any personal vehicle with a total assessed value of $1,000 or less will be levied no tax. 24 2. Any personal vehicle with an assessed value of between $1,001 and $20,000 will be 25 levied ~ 36.2% of the computed tax based on the total assessed value of the vehicle. Reimbursement is 26 expected from the state under the Personal Property Tax Relief Act equal to the remaining ~ 63.8% of the 27 computed tax on the first $20,000 of assessed value. 28 3. Any personal vehicle with an assessed value of over $20,000 will be levied ~ 36.2% 29 of the computed tax based on the first $20,000 of assessed value and 100% of the computed tax based on the 30 assessed value in excess of $20,000. Reimbursement is expected from the state under the Personal Property 31 Tax Relief Act equal to the remaining ~ 63.8% of the computed tax on the first $20,000 of assessed value. 32 4. Pursuant to authority conferred in Item 503.0 of the 2005 VirQinia Appropriations Act. the 33 City Treasurer is authorized to issue a supplemental personal property tax bill. in the amount of 100% of the tax 34 due without reqard to any former entitlement to state relief. plus applicable penalties and interest. to any taxpayer 35 whose taxes with respect to a qualifyinq vehicle for tax year 2005 or any prior tax year remain unpaid on 36 September 1, 2006, or such earlier date as reimbursement with respect to such bill is no lonqer available from the 37 Commonwealth. whichever earlier occurs. Penalties and interest with respect to bills issued pursuant to this 38 section shall be computed on the entire amount of tax owed. Interest shall be computed from the oriqinal due 39 date of the tax. 40 Sec. 2. Amount of Levy on Manufactured Homes. 41 In accordance with Section 58.1-3506 (A) (8) of the Code of Virginia, there shall be levied and 42 collected for general purposes for the calendar year 2007 taxes on all vehicles without motive power, used or 43 designated to be used as manufactured homes, as defined by Section 36-85.3 of the Code of Virginia, at the rate 44 of one doll3r ninety-nine two 3nd thirty nine one hundredths cents ($1.0239) ($0.99) on each one hundred dollars 45 ($100) of assessed valuation thereof. 46 Sec. 3. Amount of Levy on All Boats or Watercraft Weighing Five Tons or More. 47 In accordance with Section 58.1-3506 (A) (1) of the Code of Virginia, there shall be levied and 48 collected for general purposes for the calendar year 2007 taxes on all boats or watercraft weighing five (5) tons or 49 more, except as provided for in Section 5 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each 50 one hundred dollars ($100) of assessed valuation thereof. 51 Sec. 4. Amount of Levy on Machinery and Tools. 52 In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected 53 for general purposes for the calendar year 2007 taxes on machinery and tools, including machinery and tools 54 used directly in the harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at 55 the rate of one dollar ($1.00) on each one hundred dollars ($100) of assessed valuation thereof. As provided by 56 Code of Virginia ~ 58.1-3506 (B) , the following personal property shall also be taxed at the rate of machinery and 57 tools: 58 a. all tangible personal property used in research and development businesses, as described in 59 Code of Virginia S 58.1-3506 (A) (5) ; 60 b. generating or cogenerating equipment, as described in Code of Virginia S 58.1-3506 (A) (7) ; and 61 c. all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more 62 used to transport property for hire by a motor carrier engaged in interstate commerce, as 63 described in Code of Virginia S 58.1-3506 (A) (7) . 64 Sec. 5. Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational 65 Purposes Only. 66 In accordance with Sections 58.1-3506 (A) (10) , (A) (26) , and (A) (27) of the Code of 67 Virginia, there shall be levied and collected for general purposes for the calendar year 2007 taxes on all privately 68 owned pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent 69 ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. 70 Sec. 6. Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers, and 71 Motor Homes Used for Recreational Purposes Only, and Privately Owned Horse Trailers. 72 In accordance with Sections 58.1-3506 (A) (16) and (A) (28) of the Code of Virginia, there shall 73 be levied and collected for general purposes for the calendar year 2007 at the rate of one dollar and fifty cents 74 ($1.50) on each one hundred dollars ($100) of assessed valuation thereof on the following property: (a) all 75 privately owned camping trailers and motor homes as defined in Section 46.2-100 of the Code of Virginia and 76 privately owned travel trailers as defined in Code of Virginia S 46.2-1900, that are used for recreational purposes 77 only; and (b) privately owned trailers as defined in S 46.2-100 of the Code of Virginia that are designed and used 78 for the transportation of horses, except those trailers described in subdivision (A) (11) of S 58.1-3505 of the Code 79 of Virginia. 80 Sec. 7. Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran. 81 In accordance with Section 58.1-3506 (A) (17) of the Code of Virginia, there shall be a reduced 82 tax, levied and collected for general purposes for the calendar year 2007 at the rate of one dollar and fifty cents 83 ($1.50) on each one hundred dollars ($100) of assessed valuation, on one (1) motor vehicle owned and regularly 84 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 85 who is permanently and totally disabled as certified by the Department of Veterans' Affairs. Any motor vehicles in 86 addition to the one (1) so taxed shall not qualify for the taxation at the rate established herein, and shall be taxed 87 at the rate or rates applicable to that class of property. To qualify, the veteran shall provide a written statement to 88 the Commissioner of the Revenue from the Department of Veterans' Affairs that the veteran has been so 89 designated or classified by the Department of Veterans' Affairs as to meet the requirements of Section 58.1-3506 90 (A) (17) , and that his or her disability is service connected. 91 Sec. 8. Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least Sixty- 92 Five Years of Age or Anyone Found to be Permanently and Totally Disabled. 93 a. In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia, there shall be a reduced 94 tax, levied and collected for general purposes for calendar year 2007, at the rate of three dollars ($3.00) on each 95 one hundred dollars ($100.00) of assessed valuation, on one (1) automobile or pickup truck owned and used 96 primarily by or for anyone at least sixty-five years of age or anyone found to be permanently and totally disabled, 97 as defined in Section 58.1-3506.3 of the Code of Virginia, subject to the following conditions: 98 1. The total combined income received, excluding the first $7,500 of income, from all sources 99 during calendar year 2006 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars 100 ($22,000). 101 2. The owner's net financial worth, including the present value of all equitable interests, as of 102 December 31 of calendar year 2006, excluding the value of the principal residence and the land, not exceeding 103 one (1) acre, upon which it is situated, shall not exceed seventy thousand dollars ($70,000). 104 3. All income and net worth limitations shall be computed by aggregating the income and 105 assets, as the case may be, of a husband and wife who reside in the same dwelling and shall be applied to any 106 owner of the motor vehicle who seeks the benefit of the preferential tax rate permitted under this ordinance, 107 irrespective of how such motor vehicle may be titled. 108 b. Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or 109 over or if either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have 110 been satisfied. 111 Sec. 9. Assessed Value Determination. 112 In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the 113 above sections shall be assessed at actual fair market value, to be determined by the Commissioner of the 114 Revenue for the City of Virginia Beach. 115 Sec. 10. Severability. 116 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such 117 decision shall not affect the validity of the remaining portions of this ordinance. 118 Sec. 11. Effective Date. 119 This ordinance shall be effective January 1, 2007. 120 Adopted by the Council of the City of Virginia Beach, Virginia, on this 9th day of May, 2006. 121 Requires an affirmative vote by a majority of the members of City Council. 122 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~Wl~d Q, (L'1 ~~ ~ Management Services ~-) 1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE 2 FISCAL YEAR BEGINNING JULY 1, 2006 AND ENDING JUNE 3 30, 2007 IN THE SUM OF $1,639,515,908 FOR OPERATIONS 4 AND $575,632,538 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, 2006, and ending June 30, 2007, 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 $2,215,148,446 consisting of $575,632,538 in interfund 13 transfers and $1,639,515,908 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, 2006, and ending June 30, 2007, 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 Shoriff's Special Re'lonuo 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, 2007, 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, 2007. However, there shall be retained in the 44 General Fund an undesignated fund balance of 8% to 12% of the following year's budgeted revenues, for 45 contingency and emergency situations, not to be used to support appropriations approved in the ordinance for 46 the fiscal year beginning July 1, 2006, except upon subsequent authorization by City Council. 47 Section 7. That the City's debt management policies for the Water and Sewer Enterprise fund shall serve 48 as a basis for developing financial strategies for the water and sanitary sewer system based on the following 49 guidelines: (a) for the Water and Sewer Fund, the goal of retaining working capital equal to 80% to 100% of one 50 year's operating expense shall be pursued; (b) for the Water and Sewer Fund, the goal shall be for debt service 51 coverage on its water and sewer revenue bonds at not less than 1.50 times and, on a combined basis, including 52 water and sewer general obligation bonds, at no less than 1.20 times and (c) for the Water and Sewer Fund, 53 contributions from non-borrowed funds, on a five-year rolling average basis, will be sought for approximately 25% 54 of the annual capital program for the water and sewer system. 55 Section 8. All balances of appropriations in each fund which support authorized obligations or are 56 encumbered at the close of the business for the fiscal year ending on June 30, 2007, are hereby declared to be 57 reappropriated into the fiscal year beginning July 1, 2007, and estimated revenues adjusted accordingly. 58 Section 9. No department or agency for which appropriations are made under the provisions of this 59 Ordinance shall exceed the amount of such appropriations except with the consent and approval of the City 60 Council first being obtained. It is expressly provided that the restrictions with respect to the expenditure of the 61 funds appropriated shall apply only to the totals for each Appropriation Unit included in this ordinance and does 62 not apply to Interfund Transfers. 63 Section 10. The City Manager or the Director of Management Services is hereby authorized to approve 64 transfers of appropriations in an amount up to $100,000 between any Appropriation Units included in this 65 ordinance. The City Manager shall make a monthly report to the City Council of all transfers between $25,000 66 and $100,000. In addition, the City Manager may transfer, in amounts necessary, appropriations from all 67 Reserves for Contingencies except Reserve for Contingencies - Regular, within the intent of the Reserve as 68 approved by City Council. 69 Section 11. The City Manager or the Director of Management Services is hereby authorized to establish 70 and administer budgeting within Appropriation Units consistent with best management practices, reporting 71 requirements, and the programs and services adopted by the City Council. 72 Section 12. The City Manager or the Director of Management Services is hereby authorized to change 73 the Estimated Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in 74 support of an Operating Appropriation Unit declines, the City Manager or the Director of Management Services is 75 hereby authorized to reduce, subject to any other provision of law, those appropriations to equal the decline in 76 Estimated Revenue. The City Manager shall give prior notice to the City Council of any reduction to total 77 appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the 78 appropriation reduction and the Appropriation Units affected. The accounting records of the City will be 79 maintained in a manner that the total of Estimated Revenue is equal to the total of the Appropriation Units for 80 each of the City's funds. The City Manager or the Director of Management Services is hereby authorized to 81 transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for which 82 those funds were appropriated have been incurred. Nothing in this section shall be construed as authorizing any 83 reduction to be made in the amount appropriated in this ordinance for the payment of interest or principal on the 84 bonded debt of the City Government. 85 Section 13. Allowances made from the appropriations made in this ordinance by any or all of the City 86 departments, bureaus, or agencies, to any of their officers and employees for expenses on account of the use by 87 such officers and employees of their personal automobiles in the discharge of their official duties shall not exceed 88 thirty-nine ~ cents ($0.39) ~ per mile of actual travel for the first 15,000 miles and fifteen cents ($0.15) per 89 mile for additional miles of such use within the fiscal year~: for fiscal year 2007-08. allowances shall not exceed 90 forty-two cents ($0.42) per mile of actual travel for the first 15.000 miles and fifteen cents ($0.15) per mile for 91 additional miles of such use within the 2007-08 fiscal year. 92 Section 14. In the event of an emergency and under emergency circumstances wherein the City Council 93 cannot reasonably hold a meeting, the City Manager is authorized to transfer and expend appropriated sums 94 from any budget account to ensure that the emergency is handled as efficiently and expeditiously as possible. 95 Immediately following the expenditure of funds under this provision, and as soon as the City Council can 96 reasonably meet under the existing circumstances, the City Manager shall notify the City Council the reason for 97 such action, how funds were expended, and present to the City Council for adoption an emergency 98 appropriations ordinance that sets forth what measures are required to ensure that funds are forthwith restored to 99 the appropriate accounts and that the budget is balanced at the end of the fiscal year in which the emergency 100 expenditures occurred. 101 An emergency is defined for the purposes of this provision as an event that could not have been 102 reasonably foreseen at the time of the adoption of the budget, and in which (i) an immediate threat to the public 103 health, safety or welfare is involved, such as clean-up after a hurricane, and/or (ii) immediate action is required to 104 protect or preserve public properties. 105 Section 15. All travel expense accounts shall be submitted on forms approved by the Director of Finance 106 and according to regulations approved by the City Council. Each account shall show the dates expenses were 107 incurred or paid; number of miles traveled; method of travel; hotel expenses; meals; and incidental expenses. 108 The Director of Finance is specifically directed to withhold the issuance of checks in the event expense accounts 109 are submitted for "lump-sum" amounts. 110 Section 16. That proiections have been prepared and considered for fiscal year 2007-08, the second 111 year of the biennial budqet. and such proiections shall form the basis for the fiscal year 2007-08 operatinq 112 budqet. The City Manaqer will modify these as appropriate and will present a proposed fiscal year 2007-08 113 budqet to City Council for review and subsequent adoption. 114 Section 17. On March 28. 2006. the City Council adopted an ordinance appropriatinq $15.000,000 for 115 FY 2006-07 to comply with the Base Realiqnment and Closure Commission requirements reqardina Naval Air 116 Station Oceana. The $15,000,000 is included in both the Operatinq Budqet and Capital Improvement Proqram 117 ordinances as summarized in Attachment A to both ordinances. Adoption of the Operatinq Budqet and Capital 118 Improvement Proqram ordinances incorporates this appropriation into the FY 2006-07 budqet. 119 Section -t-e. 18. Violation of this ordinance may result in disciplinary action by the City Manager against 120 the person or persons responsible for the management of the Appropriation Unit in which the violation occurred. 121 Section 4-7. 19. This ordinance shall be effective on July 1, 2006. 122 Section 48. 20. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, 123 such decision shall not affect the validity of the remaining parts of this ordinance. 124 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 9th day of May, 2006. 125 Requires an affirmative vote by a majority of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,~~~ (1_ ,JlrM ~ City Attorney's fflce City of Virginia Beach, Virginia Fiscal Year 2006-07 Budget Ordinance Attachment A . Appropriations FY 2006-07 Proposed 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 897,802 498,130 297,579 19,090 964,512 3,647,015 590,857 3,605,189 2,669,257 4,891,375 2,612,423 3,736,493 6,219,672 20,377,279 645,479 4,632,223 5,252,428 4,791,062 35,000 2,085,938 6,373,363 2,582,337 37,707,474 325,327 1,213,808 3,272,500 1,566,802 4,490,424 84,170,350 619,406 145,003 2,284,866 158,048 16,134,126 139,934 3,739,484 2,067,558 578,200 1,987,485 13,540,728 9,808,925 77,384,257 80,091,616 1,862,068 18,196,514 8,474,259 City of Virginia Beach, Virginia Fiscal Year 2006-07 Budget Ordinance Attachment A . Appropriations Transfer to Other Funds Vehicle Replacements Wetlands Board of Virginia Beach Zoning Board of Appeals FY 2006-07 Proposed 508,386,383 4,400,000 13,925 42,455 Fund 002 Appropriation Totals 960,226,428 108 School Instructional Technoloqv Fund Instructional Technology 6,636,000 Fund 108 Appropriation Totals 6,636,000 109 School Vendina Operations Fund Education - Athletic 1,365,000 Fund 109 Appropriation Totals 1,365,000 112 School Communication Tower Technoloav Fund Instructional Technology 400,000 Fund 112 Appropriation Totals 400,000 114 School Cafeteria Fund Education - Cafeteria 25,411,511 Fund 114 Appropriation Totals 25,411,511 115 School Operatina Fund Administration, Attendance, and Health Instruction Less: City Manager Reduction Operations and Maintenance Pupil Transportation 22,984,779 538,700,909 -7,116,408 89,415,253 33,553,556 Fund 115 Appropriation Totals 677,538,089 116 School Grants Fund Education - Grants Fund 116 Appropriation Totals 55,921,032 55,921,032 117 School Textbook Fund Education - Textbook 7,477,925 7,477,925 Fund 117 Appropriation Totals 119 School Athletic Special Revenue Fund Education - Athletic Fund 119 Appropriation Totals 4,499,489 4,499,489 120 Federal Police Department Grant Fund Police (Uniform Patrol Grant) Reserve for Contingencies Fund 120 Appropriation Totals 823,530 23,696 847,226 130 Law Library Fund Library (Law Library) Reserve for Contingencies Transfer to Other Funds Fund 130 Appropriation Totals 352,831 23,367 60,000 436,198 City of Virginia Beach, Virginia Fiscal Year 2006-07 Budget Ordinance Attachment A - Appropriations 134 E-911 Communications Special Revenue Fund Communications and Information Technology Reserve for Contingencies Transfer to Other Funds 142 DEA Seized Property Special Revenue Fund Commonwealth's Attorney 143 Access Channel Support Special Revenue Fund Communications and Information Technology 146 Police Extraditions Special Revenue Fund Police (Airplane Enterprise) Police (Extraditions) 147 Federal Section 8 ProQram Special Revenue Fund Housing and Neighborhood Preservation (Section 8 Housing) Housing and Neighborhood Preservation (Section 8) Reserve for Contingencies 148 Comprehensive Services Act Special Revenue Fund Human Services Reserve for Contingencies 149 Sheriff's Department Special Revenue Fund R~serve for Contingencies Sheriff and Corrections 150 Inmate Services Special Revenue Fund Reserve for Contingencies Sheriff and Corrections (Inmate Services) Transfer to Other Funds 151 Parks and Recreation Special Revenue Fund Parks and Recreation Public Works Reserve for Contingencies Transfer to Other Funds 152 Tourism Growth Investment Fund Convention and Visitor Bureau (TGIF) Museums Parks and Recreation (TGIF) Planning and Community Development (TGIF) Fund 134 Appropriation Totals Fund 142 Appropriation Totals Fund 143 Appropriation Totals Fund 146 Appropriation Totals Fund 147 Appropriation Totals Fund 148 Appropriation Totals Fund 149 Appropriation Totals Fund 150 Appropriation Totals Fund 151 Appropriation Totals FY 2006-07 Proposed 9,917,163 2,077,867 1,247,872 13,242,902 160,000 160,000 36,025 36,025 568,891 229,914 798,805 150,000 10,998,670 37,074 11,185,744 10,164,521 1,099 10,165,620 136,568 30,428,635 30,565,203 2,408 546,834 274,551 823,793 22,851,542 2,603,201 422,762 69,540 25,947,045 2,875,852 50,500 31,301 376,962 City of Virginia Beach, Virginia Fiscal Year 2006-07 Budget Ordinance Attachment A - Appropriations Public Works (TGIF) Reserve for Contingencies Transfer to Other Funds FY 2006-07 Proposed 724,478 1,134,309 11,774,801 Fund 152 Appropriation Totals 16,968,203 156 Police Services Special Revenue Fund Police 20,000 Fund 156 Appropriation Totals 20,000 157 Sand bridge Special Service District Special Revenue Fund Transfer to Other Funds Fund 157 Appropriation Totals 158 EMS State Four-for-Life Special Revenue Fund Emergency Medical Services Fund 158 Appropriation Totals 159 Fire Programs Special Revenue Fund Fire (Fire Programs) Fund 159 Appropriation Totals 161 Agriculture Reserve Program Special Revenue Fund Agriculture (Agricultural Reserve Program) Reserve for Contingencies Reserve for Future Commitments Transfer to Other Funds Fund 161 Appropriation Totals 163 Tourism Advertising Program Special Revenue Fund Convention and Visitor Bureau (Tourism Advertising) Reserve for Contingencies Fund 163 Appropriation Totals 165 Lvnnhaven Mall Tax Increment Financing Fund Reserve for Contingencies Tax Increment Financing Fund 165 Appropriation Totals 166 Sand bridge Tax Increment Financing Fund Reserve for Future Commitments Transfer to Other Funds Fund 166 Appropriation Totals 167 Arts and Humanities Commission Special Revenue Fund Arts and Humanities Commission Fund 167 Appropriation Totals 169 Central Business District - South TIF (Town Center) Fund Reserve for Future Commitments Transfer to Other Funds Fund 169 Appropriation Totals 2,304,114 2,304,114 225,000 225,000 597,879 597,879 207,632 3,169 876,517 2,958,937 4,046,255 9,367,786 25,470 9,393,256 274,257 1,950,000 2,224,257 8,979,789 1,428,673 10,408,462 492,206 492,206 437,200 2,917,894 3,355,094 City of Virginia Beach, Virginia Fiscal Year 2006-07 Budget Ordinance Attachment A - Appropriations 170 VirQinia Aauarium Special Revenue Fund Museums (Virginia Marine Science Museum) 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 Transfer to Other Funds 181 CD Loan and Grant Fund Community Development Block Loan and Grants 182 Federal HousinQ Assistance Grant Fund Federal HOME Grants Fund 170 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 Fund 181 Appropriation Totals Fund 182 Appropriation Totals FY 2006-07 Proposed 6,844,146 94,625 6,938,771 181,889 15,000 7,500 562,262 4,229,491 4,996,142 339,627 12,140 18,149,069 18,500,836 204,731 837,769 39,634 1,082,134 2,485,201 86,750 200,000 2,771,951 54,707 54,707 1,582,129 1,355,040 58,392 123,129 3,118,690 262,674 262,674 1,450,998 1,450,998 City of Virginia Beach, Virginia Fiscal Year 2006-07 Budget Ordinance Attachment A - Appropriations FY 2006-07 Proposed 183 Grants Consolidated Fund Commonwealth's Attorney. Grants Fire Grants Housing and Neighborhood Grants Human Services Police (Uniform Patrol Grant) Public Works Grants Reserve for Contingencies Social Services Grants 299,409 997,734 1,050,852 999,815 57,585 15,000 139,479 701,784 Fund 183 Appropriation Totals 4,261,658 185 Mental Health Grants Fund Human Services Human Services (Substance Abuse Grants) Transfer to Other Funds 210,446 506,084 12,000 Fund 185 Appropriation Totals 728,530 187 Marine Science Museum Grants Fund Museum Grants 31,000 Fund 187 Appropriation Totals 31,000 241 Water and Sewer Fund Debt Service Public Utilities Reserve for Contingencies Transfer to Other Funds 13,198,752 67,414,416 1,371,689 11,570,597 Fund 241 Appropriation Totals 93,555,454 253 ParkinQ Enterprise Fund Convention and Visitor Bureau (Parking) Reserve for Contingencies Transfer to Other Funds 2,017,243 313,477 852,717 Fund 253 Appropriation Totals 3,183,437 255 Storm Water Utility Enterprise Fund Debt Service Public Works (Storm Water Operations) Reserve for Contingencies Transfer to Other Funds 957,593 9,919,538 392,813 8,978,505 Fund 255 Appropriation Totals 20,248,449 302 General Debt Fund Debt Service 110,046,591 Fund 302 Appropriation Totals 110,046,591 460 School General Revenue Capital Proiects Fund School Capital Projects 12,936,308 Fund 460 Appropriation Totals 12,936,308 City of Virginia Beach, Virginia Fiscal Year 2006-07 Budget Ordinance Attachment A - Appropriations FY 2006-07 Proposed 540 General Government Capital Proiects Fund Building Capital Projects Coastal Capital Projects Communications and Information Technology Projects Economic and Tourism Development Capital Projects Parks and Recreation Capital Projects Roadways Capital Projects Fund 540 Appropriation Totals 1,890,300 5,877,101 950,000 9,953,677 8,141,207 7,074,485 33,886,770 541 Water and Sewer Capital Proiects Fund Water and Sewer Capital Projects Fund 541 Appropriation Totals 6,250,000 6,250,000 555 Storm Water Capital Proiects Fund Storm Water Capital Projects Fund 555 Appropriation Totals 6,995,149 6,995,149 908 City Beautification Fund Parks and Recreation 10,000 Fund 908 Appropriation Totals 10,000 909 Library Gift Fund Library Gift 8,436 Fund 909 Appropriation Totals 8,436 911 Parks and Recreation Gift Fund Parks and Recreation (Gift Fund) 76,000 Fund 911 Appropriation Totals 76,000 950 Circuit Court Clerk TechnoloQV Fund Circuit Court 35,000 Fund 950 Appropriation Totals 35,000 2,215,148,446 575,632,538 1,639,515,908 Total Budget Appropriations Less Interfund Transfers NET BUDGET APPROPRIATIONS City of Virginia Beach, Virginia Fiscal Year 2006-07 Budget Ordinance Attachment B - Revenues 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 Fund 002 Revenue Totals 108 School Instructional TechnoloQV Fund Revenue from Local Sources Miscellaneous Revenue Specific Fund Reserves Fund 108 Revenue Totals 109 School VendinQ Operations Fund Revenue from Local Sources From the Use of Money and Property Miscellaneous Revenue Specific Fund Reserves Fund 109 Revenue Totals 112 School Communication Tower TechnoloQV Fund Revenue from Local Sources From the Use of Money and Property Specific Fund Reserves Fund 112 Revenue Totals 114 School Cafeteria 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 Specific Fund Reserves Fund 114 Revenue Totals 115 School OperatinQ 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 Fund 115 Revenue Totals FY 2006-07 Proposed 573,685,167 242,024,208 5,096,090 5,053,033 6,700,250 10,658,531 1,644,823 81,989,020 24,138,801 8,980,577 255,928 960,226,428 1,604,382 5,031,618 6,636,000 15,000 400,000 950,000 1,365,000 200,000 200,000 400,000 70,000 12,349,395 147,288 348,716 10,723,034 1,773,078 25,411,511 465,000 1,761,594 472,000 80,495,093 267,687,525 14,771,131 311,885,746 677 ,538,089 City of Virginia Beach, Virginia Fiscal Year 2006-07 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 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 134 E-911 Communications Special Revenue Fund Revenue from Local Sources Other Local Taxes From the Use of Money and Property Charges for Services Revenue from the Commonwealth Other Sources from the Commonwealth Transfers from Other Funds Fund 134 Revenue Totals 142 DEA Seized Property Special Revenue Fund Revenue from the Commonwealth Other Sources from the Commonwealth Fund 142 Revenue Totals FY 2006-07 Proposed 3,407,309 13,853,740 38,659,983 55,921,032 100,000 6,000 2,590,546 4,781,379 7,477,925 40,000 390,000 3,946,142 123,347 4,499,489 85,649 761,577 847,226 6,327 288,230 80,000 61,641 436,198 7,553,347 44,775 722,240 1,979,000 2,943,540 13,242,902 160,000 160,000 City of Virginia Beach, Virginia Fiscal Year 2006-07 Budget Ordinance Attachment B . Revenues 143 Access Channel Support Special Revenue Fund Revenue from Local Sources Miscellaneous Revenue Specific Fund Reserves 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 Local Sources Miscellaneous Revenue 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 150 Inmate Services Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Transfers from Other Funds 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 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 FY 2006-07 Proposed 11,000 25,025 36,025 798,805 798,805 12,500 11,159,679 13,565 11,185,744 2,500 765,426 5,876,422 3,521,272 10,165,620 1,797,290 33,215 17,360,761 240,900 11,133,037 30,565,203 15,000 806,385 2,408 823,793 1,123,253 10,216,446 80,535 1,000 14,525,811 25,947,045 City of Virginia Beach, Virginia Fiscal Year 2006-07 Budget Ordinance Attachment B . Revenues 152 Tourism Growth Investment Fund Revenue from Local Sources Permits, Privilege Fees, and Regulatory Licenses Fines and Forfeitures From the Use of Money and Property Transfers from Other Funds 156 Police Services Special Revenue Fund Revenue from Local Sources From the Use of Money and Property 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 158 EMS State Four-for-Life Special Revenue Fund Revenue from the Commonwealth Other Sources from the Commonwealth 159 Fire Proarams Special Revenue Fund Revenue from the Commonwealth Other Sources from the Commonwealth 161 Aariculture Reserve Proaram Special Revenue Fund Transfers from Other Funds 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 165 Lvnnhaven Mall Tax Increment Financina Fund Revenue from Local Sources General Property Taxes 166 Sandbridae Tax Increment Financina Fund Revenue from Local Sources General Property Taxes From the Use of Money and Property Fund 152 Revenue Totals Fund 156 Revenue Totals Fund 157 Revenue Totals Fund 158 Revenue Totals Fund 159 Revenue Totals Fund 161 Revenue Totals Fund 163 Revenue Totals Fund 165 Revenue Totals Fund 166 Revenue Totals FY 2006-07 Proposed 72,091 555,172 535,173 15,805,767 16,968,203 20,000 20,000 741,579 392,632 128,327 1,041,576 2,304,114 225,000 225,000 597,879 597,879 4,046,255 4,046,255 33,442 400,950 40,000 8,918,864 9,393,256 2,224,257 2,224,257 10,195,580 212,882 10,408,462 City of Virginia Beach, Virginia Fiscal Year 2006-07 Budget Ordinance Attachment B - Revenues 167 Arts and Humanities Commission Special Revenue Fund Revenue from the Commonwealth Other Sources from the Commonwealth 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 Fund 169 Revenue Totals 170 Virainia 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 172 Open Space Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Transfers from Other Funds Specific Fund Reserves 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 Fund 175 Revenue Totals 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 Non-Revenue Receipts Transfers from Other Funds Fund 180 Revenue Totals FY 2006-07 Proposed 5,000 487,206 492,206 3,299,124 55,970 3,355,094 22,500 5,777,897 745,300 393,074 6,938,771 210,601 3,785,541 1,000,000 4,996,142 904,385 15,697,426 1,899,025 18,500,836 1,082,134 1,082,134 227,700 2,544,251 2,771,951 54,707 54,707 2,559,608 37,326 521,756 3,118,690 City of Virginia Beach, Virginia Fiscal Year 2006-07 Budget Ordinance Attachment B - Revenues 181 CD Loan and Grant Fund 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 Local Sources Charges for Services 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 187 Marine Science Museum Grants Fund Revenue from the Federal Government Fund 187 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 From the Use of Money and Property Charges for Services Transfers from Other Funds Specific Fund Reserves Fund 253 Revenue Totals 255 Storm Water Utilitv 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 Fund 255 Revenue Totals FY 2006-07 Proposed 262,674 262,674 1,400,998 50,000 1,450,998 15,000 1 ;256,338 2,639,030 41,000 310,290 4,261,658 3,000 255,221 470,309 728,530 31,000 31,000 1,933,181 86,066,470 221,495 3,397,043 241,811 1,695,454 93,555,454 30,000 55,000 2,500,000 298,437 300,000 3,183,437 120,130 14,677,074 5,383,768 67,477 20,248,449 City of Virginia Beach, Virginia Fiscal Year 2006-07 Budget Ordinance Attachment B - Revenues FY 2006-07 Proposed 302 General Debt Fund Transfers from Other Funds 110,046,591 Fund 302 Revenue Totals 110,046,591 460 School General Revenue Capital Proiects Fund Transfers from Other Funds 12,936,308 Fund 460 Revenue Totals 12,936,308 540 General Government Capital Proiects Fund Transfers from Other Funds 33,886,770 Fund 540 Revenue Totals 33,886,770 541 Water and Sewer Capital Proiects Fund Transfers from Other Funds 6,250,000 Fund 541 Revenue Totals 6,250,000 555 Storm Water Capital Proiects Fund Transfers from Other Funds 6,995,149 Fund 555 Revenue Totals 6,995,149 908 City Beautification Fund Revenue from Local Sources Miscellaneous Revenue 10,000 Fund 908 Revenue Totals 10,000 909 Library Gift Fund Revenue from Local Sources Miscellaneous Revenue Specific Fund Reserves 5,600 2,836 Fund 909 Revenue Totals 8,436 911 Parks and Recreation Gift Fund Revenue from Local Sources Miscellaneous Revenue 76,000 Fund 911 Revenue Totals 76,000 950 Circuit Court Clerk Technology Fund Revenue from Local Sources Charges for Services 35,000 Fund 950 Revenue Totals 35,000 2,215,148,446 575,632,538 1,639,515,908 Total Budget Revenues Less Interfund Transfers NET BUDGET REVENUES 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 2007 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 9th day of May, 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ..s ClJlJJ Q , Management Services 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: ~~ 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 tfHfty seveR forty-six thousand seveR one hundred dollars ($37,700.00) ($46,100.00) 24 provided that the first ten thousand dollars ($10,000.00) of income of each relative, other than 25 a spouse of the owner, who is living in the dwelling, shall not be included in such total: and 26 provided further that the first ten thousand dollars ($10,000.00) or any portion thereof of 27 income received by a permanently and totally disabled owner shall not be included in such 28 total. 29 (4) For the tax freeze program, the total combined income received from all sources during the 30 preceding calendar year by: (i) the owner or owners of the dwelling who use it as their 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 58 (8) (5) 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 ten thousand dollars ($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 ten thousand dollars ($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 eRe three hundred and fIf1y seventy nine thousand five hundred dollars $179,500.00) $350.000.00. 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 eRe three hundred and fifty seventy nine thousand five hundred dollars ($179,500.00) $350.000.00. 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 ten thousand dollars ($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 further that the first ten thousand dollars ($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, 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 twe three hundred and fifty (6) (7) 59 thousand dollars ($200,000.00) ($350.000.00). 60 (9) The dwelling is occupied. 61 62 Sec. 35-67. Amount of exemption. 63 When a person claiming exemption under this division conforms to the standards and does not exceed 64 the limitations contained in this division, the tax exemption shall be as shown on the following schedule: 65 Total income, 66 All Sources Tax Exemption 67 $0.00 $27,800.00 68 $27,800.01 $30,200.00 69 $30,200.01 $32,700.00 70 $32,700.01 $35,100.00 71 $35,100.01 $37,700.00 $0.00 - $34.000.00 $34.000.01 - $36.900.00 $36.900.01 - $40.000.00 $40.000.01 - $42.900.00 $42.900.01 - $46.100.00 100% 80% 60% 40% 20% 72 No lien shall accrue as a result of the amount certified as exempt. 73 BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2006. 74 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9th day of May, 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Jj~Q- Management Services , ~mu' ~ bi!.(b ~ City Attorney's Off' 1 AN ORDINANCE TO DECLARE $9,000,000 OF FUNDING WITHIN 2 THE SANDBRIDGE TAX INCREMENT FINANCING DISTRICT AS 3 SURPLUS FUNDS IN THE FY 2005-06 OPERATING BUDGET 4 WHEREAS, the Sandbridge Tax Increment Financing District (Sand bridge TIF) and the Sandbridge 5 Special Service District (Sand bridge SSD), were established to provide a funding source for beach and shoreline 6 restoration and management at Sand bridge; 7 WHEREAS, an analysis of the Sandbridge TIF and the Sandbridge SSD occurs annually to ensure that 8 funding is adequate for long-term beach and shoreline restoration and management along Sand bridge; 9 WHEREAS, current projections indicate that the Sand bridge TIF and Sandbridge SSD have sufficient 10 funding to meet long-term obligations for beach and shoreline restoration and management; 11 WHEREAS, projections also indicate that the funding available exceeds the long-term obligations of the 12 project; 13 WHEREAS, $8,173,745 is available in the fund balance of the Sandbridge TIF and an additional 14 $826,255 is available as an unencumbered appropriation in the FY 2005-06 Sandbridge TIF Reserve for Future 15 Commitments; and 16 WHEREAS, these combined funds totaling $9,000,000 are not pledged as security for any obligations 17 and do not include any amount accrued in the Sand bridge SSD. 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 19 VIRGINIA: 20 (1 ) That $8,173,745 is hereby appropriated from the Sandbridge TIF fund balance to the Sand bridge 21 TIF Reserve for Future Commitments and combined with unencumbered Sand bridge TIF funds of 22 $826,255, for a total of $9,000,000. 23 (2) That $9,000,000 of funding within the Sand bridge TIF is hereby declared to be in excess of the 24 long-term obligations for beach and shoreline restoration and management and is hereby 25 declared surplus. 26 (3) That $9,000,000 is hereby transferred within the FY 2005-06 Operating Budget from the 27 Sandbridge TIF to the General Fund - Unappropriated Real Estate Tax Revenues. 28 BE IT FURTHER ORDAINED: That this ordinance shall be effective on June 30, 2006. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9th day of May, 2006. 29 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (,BaMO Q, ~ ^"A(1_ Management Services ~ J Jamu 'fiJ.h City Attorney's Off '- 1 AN ORDINANCE TO AMEND THE FUNDING SOURCES FOR 2 THE AGRICULTURE RESERVE PROGRAM BY LOWERING 3 THE AMOUNT OF REAL ESTATE TAX REVENUE 4 WHEREAS, on May 9, 1995, the City Council adopted the Agricultural Lands Preservation Ordinance, 5 establishing the Agricultural Reserve Program (the "Program") for the preservation of agricultural lands within the 6 City, and the City Council initially dedicated a one and one-half cent increase in the real estate tax to finance the 7 Agricultural Reserve Program; and 8 WHEREAS, on May 11, 2004, the City Council lowered the dedicated amount of real estate tax from one 9 and one-half cent to one cent, and 10 WHEREAS, a financial analysis indicates that the dedicated amount of real estate tax can be lowered 11 from one aAG ona holf cents to eRe nine tenths of one cent, ($0.009 GeRts} and this revenue stream will be 12 sufficient to meet current and projected obligations of the program. 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 VIRGINIA: 15 That, subject to appropriation, the following revenue sources will be used to pay the costs of the 16 Agricultural Reserve Program: 17 1. GRe Nine tenths cent ($0.009) of the Real Estate Tax; 18 2. Such other General Fund Revenues as may be committed by City Council in support of the 19 Agricultural Reserve Program; and 20 3. Agricultural Reserve Program Fund Balance and any other revenues attributable to the Special 21 Revenue Fund. 22 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 9th day of May, 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ('I ,,/vI~. , I "j <1[.111 I ,-1L-4( 1/" - U City Attorney's Office 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE 2 ASSESSMENT OF ADDITIONAL COURT COSTS TO SUPPORT THE 3 PUBLIC LAW LIBRARY 4 SECTION AMENDED: ~ 17-19 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 6 That section 17-19 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained 7 to read as follows: 8 Sec. 17-19. Established; imposition of assessment of additional court costs to support library. 9 (a) Pursuant to section 42.1-70 of the Code of Virginia, as amended, the city hereby creates 10 and establishes a public law library and, for the support thereof, does hereby impose and 11 provide an assessment as part of the costs incident to each civil action filed in the courts 12 located within the boundaries of the city in the sum of tAfee four dollars ($3.00) ($4.00) 13 for each action so filed. 14 (b) The assessment provided for herein shall be in addition to all other costs prescribed by 15 law, but shall not apply to any action in which the commonwealth or any political 16 subdivision thereof or the federal government is a party, and in which the costs are 17 assessed against the commonwealth, any political subdivisions thereof or the federal 18 political subdivisions thereof or the federal government. 19 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1,2006. Adopted by the Council of the City of Virginia Beach, Virginia, on this 9th day of May, 2005. 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~e~~~ , 1/lJ.flu c--{tt^ City Aftorney's Office - 1 AN ORDINANCE TO AMEND SECTION 35-280 OF THE CITY CODE PERTAINING 2 TO MOTOR VEHICLE LICENSE FEES 3 SECTION AMENDED: ~ 35-280 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 That Section 35-280 of the City Code is hereby amended and reordained, to read as follows: 6 Sec. 35-280. License requirement; imposition of fee. 7 (a) There is hereby imposed a requirement for a local vehicle license, for the terms as established by this 8 Article, on motor vehicles, trailers and semitrailers, regularly kept in the City and used upon public roadways of the City. 9 The amount of the fee for this license shall be as set forth in the following subsections of this Section, and shall be due 10 annually at the same time the state registration is obtained, unless specifically provided for otherwise. A valid vehicle 11 registration, issued by the State Department of Motor Vehicles after April 21,2003, shall, as necessary, document 12 compliance with the local vehicle license requirements imposed by this ordinance and serve as a license. 13 (b) The license fee on a motor vehicle, designed and used for the transportation of passengers, which is 14 self-propelled or designed for self-propulsion, shall be, except as otherwise specifically provided in this Section, imposed 15 in accordance with the following schedule: 16 (1 ) Motor vehicles weighing four thousand (4,000) pounds or less, and pickup trucks with a gross weight of 17 four thousand (4,000) pounds or less. . . $ 26.00 26.00 18 (2) Motor vehicles weighing more than four thousand (4,000) pounds, and pickup trucks with a gross weight 19 from four thousand and one (4,001) pounds to seven thousand five hundred (7,500) pounds. . . ~ 31.00 20 (3) (4) Motorcycle. . . 2&00 24.00 21 Antique motor vehicles licensed permanently pursuant to Code of Virginia, ~ 46.2-730 (motorcycles or 22 cars) . . . 13.50 23 (5) Any motor vehicle, trailer or semitrailer upon which well-drilling machinery is attached and which is 24 permanently used solely for transporting such machinery and any specialized mobile equipment as defined by Code of 25 Virginia, ~ 46.2-700. . . 15.00 26 (c) (1 ) Unless otherwise specified in this Article, the license fees for trailers and semitrailers not 27 designed and used for the transportation of passengers on the highways in the commonwealth shall be as follows: Registered Gross Weight Annual Fee Permanent Fee 0--1 ,500 Ibs. $ 7,W 8.50 $52.00 1,501--4,000 4&00 19.00 52.00 4,001 Ibs and above 25.50 52.00 28 (2) The license fee for each trailer or sem~railer designed for use as living quarters for human beings shall 29 be twenty-five dollars ($2e.OO). ($26.00). 30 (3) The license fee for all trailers designed exclusively to transport boats or horses shall be seven dollars 31 and fifty cents ($7.50). 32 (d) There is hereby imposed a license fee, to be paid by the owner, upon each motor vehicle not designed 33 and used for the transportation of passengers, whether operated under lease or not. The amount of the license fee shall 34 be determined by the gross weight of the vehicle or combination of vehicles of which ~ is a part, when loaded to the 35 maximum capacity for which ~ is registered and licensed by the state, according to the following schedule: 36 Pounds Fee 37 4,000 or less. . . $ ~ 25.00 38 4,001--16,000... ~30.00 39 16,001--17,000.. .~31.80 40 17,001--18,000... ~33.10 41 18,001--19,000 . . . 33:4Q. 34.40 42 19,001--20,000 . . . ~ 35.70 43 20,001--21,000... ~37.00 44 21,001--22,000 . . . ~ 38.30 45 22,001--23,000... ~39.60 46 23,001--24,000 . . . ~ 40.90 47 24,001--25,000 . . . 44-:2Q. 42.20 48 25,001--26,000.. . ~43.50 49 26,001--27,000... ~44.80 50 27,001--28,000... 4&:4G46.10 51 28,001--29,000 . . . 4&:4Q. 47.40 52 29,001--30,000 . . . 47-:+G 48.70 53 30,001--31,000 . . .49-:00 50.00 54 31,001--32,000.. .~51.30 55 32,001--33,000 . . . &+:eQ. 52.60 56 33,001--34,000 . . . e2-:OO 53.90 57 34,001--35,000 . . . 64.,2Q. 55.20 58 35,001--36,000 . . . ee.,w 56.50 59 36,001--37,000.. .66-:0057.80 60 37,001--38,000. . . 6S:4-Q. 59.10 61 38,001--39,000 . . . W:4Q. 60.40 62 39,001--40,000 . . . 6G-:7Q. 61.70 63 40,001--41,000 . . . ~ 63.00 64 41,001--42,000 . . . ~ 64.30 65 42,001--43,000 . . . ~ 65.60 66 43,001--44,000 . . . s&,.oo 66.90 67 44,001--45,000 . . . ~ 68.20 68 45,001--46,000... ~69.50 69 46,001--47,000... eg.,.gg. 70.80 70 47,001--48,000. . . 74-:4G 72.10 71 48,001--49,000 . . . ~ 73.40 72 49,001--50,000. . . ~ 74.70 73 50,001--51,000.. .7&00-76.00 74 51,001--52,000.. .~77.30 75 52,001--53,000 . . . 77-:6Q. 78.60 76 53,001--54,000 . . .7&00 79.90 77 54,001--55,000 . . . 8Q..,2G 81.20 78 55,001--56,000. . . 8+-:9Q. 82.50 "' 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 .. 56,001--56,800 . . . ~ 83.80 56,801 & over. . . 8&:GQ. 86.00 (e) In the case of a combination of a truck or tractor truck and a trailer or semitrailer, each vehicle constituting a part of such combination shall be registered as a separate vehicle, and a separate local vehicle license fee shall be imposed thereon, but, for the purpose of determining the gross weight group into which any such vehicle falls pursuant to subsection (d) of this Section, the combination of vehicles of which such vehicle constitutes a part shall be considered a unit, and the aggregate gross weight of the entire combination shall determine such gross weight group. In determining the fee to be paid for the local license for a truck or tractor truck constituting a part of such combination, the fee shall be assessed on the total gross weight of the combination when loaded to the maximum capacity for which it is registered and licensed. However, there shall be no deduction from this fee for the local vehicle license fee of the trailer or semitrailer in the combination. (f) The increases in fees authorized on Mav 9. 2006. shall be effective for October 1. 2006 throuah September 30.2007. and the additional revenue resultina from the fee increase shall fund activities associated wtth the Virainia Beach 2007 celebration to commemorate the 400th anniversary of the First Landina at Cape Henry and subseauent settlina of Jamestown as the first settlement in the New World. Absent further action bvthe City Council. on October 1. 2007. all fees shall revert to those rates in effect on Mav 9.2006. Adopted by the Council of the Ctty of Virginia Beach, Virginia, on this the 9th day of May, 2006. - 29- Item V-J.2a-d ORDINANCES ITEM # 55179 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinances/Resolution re FY 2006-2007 BIENNIAL CAPITAL BUDGET: a. FY 2007 /FY 2012 Capital Improvement Program (CIP) and APPROPRIA TE $214,569,984 for the FY 2007 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 $ 63,800,000 for various public facilities and general improvements c. AUTHORIZE issuance of Storm Water Utility System Revenue Bonds in the maximum amount of$2,51 0, 000 d. AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the maximum amount of$18,950,465 Voting: 10-1 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 9, 2006 1 AN ORDINANCE TO ADOPT THE FY 2007/FY 2012 CAPITAL 2 IMPROVEMENT PROGRAM AND TO APPROPRIATE 3 $214,569,984 FOR THE FY 2007 CAPITAL BUDGET 4 SUBJECT TO FUNDS BEING PROVIDED FROM VARIOUS 5 SOURCES SET FORTH HEREIN 6 WHEREAS, the City Manager, on March 28, 2006, presented to City Council the Capital 7 Improvement Program for fiscal years 2007 through 2012; 8 WHEREAS, City Council held public hearings on the program to provide for public comment; 9 WHEREAS, based on public comment, City Council has determined the need for certain projects in 10 the Capital Improvement Program; and 11 WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in 12 the 2007 fiscal year, as set forth in said Capital Improvement Program. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 VIRGINIA: 15 Section 1. That the Capital Improvement Program, as modified, for the construction of, or addition to, 16 capital facilities identified for fiscal years 2007 through 2012 is hereby adopted, and the projects listed 17 therein are hereby approved as capital projects. 18 Section 2. That the projects shall be financed from funds to be appropriated periodically by City 19 Council, and until funds are so provided, the projects are for planning purposes only and may be deleted, 20 altered, or rescheduled in any manner at any time by City Council. 21 Section 3. That funds in the amounts aggregating $214,569,984 for capital projects in the Capital 22 Budget for the 2007 fiscal year, as set forth in said Capital Improvement Program, are hereby appropriated, 23 by project and subject to the conditions set forth herein. The amount of funding for individual projects is set 24 forth in "Attachment A - Capital Budget Appropriations," a copy of which is attached hereto. 25 Section 4. That in accordance with Section 2-196 of the City Code, financing sources in support of 26 the Capital Budget for the 2007 fiscal year as set forth in said Capital Improvement Program are attached to 27 this ordinance as "Attachment B - Financing Sources." 28 Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in 29 accordance with said Capital Improvement Program and reallocated as identified in "Attachment C - 30 Transfers," a copy of which is attached hereto. 31 Section 6. That additional appropriations and the addition of capital projects shall not be initiated 32 except with the consent and approval of the City Council first being obtained, and an appropriation for a 33 project in the Capital Improvement Program shall continue in force until the purpose for which it was made 34 has been accomplished or abandoned. 35 Section 7. That all contracts awarded for approved and appropriated capital projects, exclusive of . 36 school projects, must be certified as to the availability of funds by the Director of Finance prior to the 37 initiation of work on the contract. 38 Section 8. That subject to any applicable restriction of law or of any bonds or bond issue, the City 39 Manager or the Director of Management Services is authorized to approve transfers of appropriations in an 40 amount up to $100,000 between capital projects as may best meet the needs of the City. The City Manager 41 shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. The City 42 Manager or the Director of Management Services is hereby authorized to establish and administer the 43 budgeting of capital projects consistent with best management practices, reporting requirements and the 44 Capital Improvement Program adopted by the City Council. 45 Section 9. That the City Manager or the Director of Management Services is hereby authorized to 46 change, subject to any applicable restriction of law or of any bonds or bond issue, the financing sources for 47 the various capital projects included in this ordinance to reflect effective utilization of the financing sources. 48 If the financing sources in support of capital projects decline, the City Manager or the Director of 49 Management Services is authorized to reduce, subject to any applicable restriction of law or of any bonds or 50 bond issue, those appropriations to equal the changed financing source. The City Manager must give prior 51 notice to the City Council of any reductions to total appropriations exceeding $100,000. The notice to City 52 Council shall identify the basis and amount of the appropriation reduction and the capital projects affected. 53 The accounting records of the City will be maintained in a manner where the total of financing sources is 54 equal to the total appropriations for each of the City's capital projects funds. 55 Section 10. That the Capital Improvement Program debt management policies contained and 56 included in the Resource Management Plan - Executive Summary document shall be the policy guidelines 57 of the City, and the City Manager shall annually report on the status of those guidelines and the projected 58 impact of the proposed Capital Improvement Program on those guidelines, such information to be included 59 in the Resource Management Plan submittal. The City Manager may propose modifications to those 60 policies and guidelines through the Resource Management Plan. 61 Section 11. That subject to the appropriation of sufficient funds within a capital project, the 62 acquisition of real property necessary for the project is authorized by means of voluntary negotiation with 63 willing sellers. 64 Section 12. That on March 28. 2006. the City Council adopted an ordinance appropriatinq 65 $15.000,000 for FY 2006-07 to comply with the Base Realiqnment and Closure Commission (BRAC) 66 requirements reqardinq Naval Air Station Oceana. The $15.000.000 is included in both the Operatinq 67 Budqet and Capital Improvement Proqram ordinances as summarized in Attachment A to both ordinances. 68 Adoption of the Operatinq Budqet and Capital Improvement Proqram ordinances incorporates this 69 appropriation into the FY 2006-07 budqet. 70 Section -i2 jl. That violation of this ordinance shall result in the City Manager taking disciplinary 71 action against the person or persons responsible for the capital project in which the violation occurred. 72 Section 4-J 14. That if any portion of this ordinance is for any reason declared to be unconstitutional 73 or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. 74 Section 44 12. That this ordinance shall be in effect from the date of its adoption; however, 75 appropriations for the FY 2007 Capital Budget shall be effective on July 1, 2006. 76 Adopted by the City Council of the City of Virginia Beach, Virginia on this 9th day of May, 2006. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY 8QLlJQ ~ Management Services 1~ll11f > ifl.h > City ~torney's Offic Project Number Attachment A - Capital Budget Appropriations Projects Appropriations FY 2006-07 9.016 9.060 9.069 9.141 3.365 3.371 3.035 3.281 2.018 2.021 2.025 2.031 2.039 2.048 2.052 2.053 2.067 2.072 2.073 2.076 2.089 2.107 Economic Vitalitv Town Center Infrastructure Oceana & Interfacility Traffic Area Conformity & Acquisition 19th Street Corridor Improvements Economic Development Investment Program (On-Going) Total Economic and Tourism Development Projects: Total Economic Vitality Projects: Safe Community Fire Facility Rehabilitation and Renewal- Phase II Fire Apparatus - Phase II Total Buildings Projects: CfT - Criminal Justice Automated Systems Analysis CIT - Communication Infrastructure Replacement Total Communications and Information Technology Projects: Total Safe Community Projects: Qualitv Physical Environment Major Intersection Improvements Rural Road Improvements Witchduck Road - Phase II (Partial) (First Cities Project) Street Reconstruction Computerized Traffic Signal System Upgrade/Rep!. (Partial) Princess Anne Rd./Kempsville Rd. Inter. Impr. (First Cities) Traffic Signal Rehabilitation Access Road for Elementary School 2008 Sand bridge Road Safety Improvements First Colonial RdNa. Beach Blvd. Intersection Imp. Buckner Road Extended Laskin Road Gateway Southeastern Parkway & Greenbelt (Partial) Seaboard Road 727,000 15,000,000 10,200,000 2,095,224 $28,022,224 $28,022,224 491,839 790,300 $1,282,139 300,000 9,900,000 $10,200,000 $11,482,139 1,465,000 200,000 316,900 150,000 5,500,000 4,229,018 350,000 1,000,000 1,005,000 3,274,000 354,429 438,000 989,264 795,000 Project Number Attachment A - Capital Budget Appropriations Projects Appropriations FY 2006-07 2.115 2.145 2.157 2.158 2.168 2.172 2.176 2.195 2.211 2.256 2.263 2.268 2.284 2.285 2.837 2.931 3.366 3.367 3.368 5.001 5.006 5.008 5.017 5.083 5.084 5.091 5.092 5.118 5.138 5.139 5.140 5.163 Qualitv Phvsical Environment Shore Drive Intersections - Demonstration Project Wesleyan Drive (First Cities Project) Lynnhaven Parkway - Phase IX (VDOT) Holland Road - Phase VI (VDOT) Lesner Bridge Replacement (First Cities Project) LED Traffic Signal Upgrade Transportation Network Analysis Princess Anne Road Phase VII Traffic Calming Indian River Rd - Phase VII (First Cities Project) Major Bridge Rehabilitation (Partial) Wetlands Mitigation Banking Pavement Maintenance Program Traffic Safety Improvements - Phase II Various Cost Participation Projects Witchduck Road - Phase I (Partial) ( First Cities Project) Total Roadways Projects: Various Buildings HVAC Rehabilitation and Renewal- Phase II Various Buildings Rehabilitation and Renewal - Phase II Various Site Acquisitions Total Buildings Projects: Comprehensive Emergency Response & Planning - Phase I Water Appurtenances Location & Improvements Birdneck Road Water Improvements - Phase II (VDOT) Public Utilities Public Access Renovations - Building #2 Stumpy Lake Water Reservoir & Pumping Facilities Improvement System Expansion Cost Participation Agreements - Phase II Water Request & Agreements (51% Program) - Phase V Landstown Yard Improvements - Phase III Computerized Mapping and Infrastructure Management Systems Comprehensive Water Master Planning - Phase IV Small Line Improvements - Phase IV Various Roadway/Storm Water Coordination - Phase IV Various Water Infrastructure Maintenance Support Program 944,000 1,648,000 403,644 408,100 1,000,000 100,000 150,000 858,034 100,000 2,260,000 660,000 100,000 7,210,395 775,000 500,000 2,102,000 $39,285,784 771,387 2,156,565 1,000,000 $3,927,952 100,000 50,000 100,000 100,000 500,000 100,000 100,000 390,000 150,000 200,000 50,000 100,000 150,000 Project Number Attachment A - Capital Budget Appropriations Projects Appropriations FY 2006-07 5.164 5.166 5.167 5.202 5.203 5.207 5.302 5.303 5.400 5.401 5.402 5.405 5.451 5.601 5.708 5.802 5.803 5.951 6.018 6.019 6.028 6.030 6.031 6.046 6.065 6.066 6.067 6.068 6.069 6.071 6.081 6.086 6.138 6.148 Qualitv Phvsical Environment IVR/CTI, Bill Print, and Automated Payment Solution Design Automated Mobile Water Meter Reading System Water Tank Upgrade Program - Phase III Laskin Rd-Phase II & Gateway Water Improvements (VDOT) Lotus Garden Water Improvements - 51% Program Laskin Road Water Improvements - Phase I (VDOT) Potable Wells Evaluation Program Phase II Water Quality Program - Phase III Fire Hydrant Program - Phase II Records Management Improvements Flow Monitoring Program - Phase II Customer Information System Version Migration Engineering Services - Various Projects First Colonial RdNa. Beach Blvd Intersection Improvements Resort Area Neighborhood Revitalization Utility Crossings Condition Assessment Water Valve Condition Assessment & Maintenance Water Tap Installation Program Total Water Utility Projects: Sanitary Sewer Aging Infrastructure Program - Phase I Resort Area Neighborhood Revitalization Comprehensive Emergency Response & Planning - Phase I Little Neck Point Sewer Improvements- 51 % Program 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) Birdneck Road Sewer Improvements - Phase II (VDOT) Comprehensive Sewer Master Planning - Phase III Laskin Road Phase II & Gateway Improvements Public Utilities Public Access Renovations - Building #2 Landstown Yard Improvements - Phase III System Expansion Cost Participation Agreements - Phase II 75,000 300,000 450,000 115,000 230,000 1,790,000 130,269 100,000 50,000 100,000 75,000 125,000 50,000 20,000 500,000 90,000 50,000 500,000 $6,840,269 1,018,196 750,000 100,000 250,000 50,000 150,000 3,515,000 4,050,000 100,000 100,000 850,000 350,000 195,000 100,000 390,000 100,000 Project Number Attachment A - Capital Budget Appropriations Projects Appropriations FY 2006-07 6.168 6.169 6.203 6.401 6.405 6.411 6.451 6.502 6.505 6.506 6.601 6.602 6.603 6.604 6.612 6.613 6.710 6.802 6.803 6.951 7.004 7.005 7.016 7.024 7.027 7.031 7.063 7.067 7.091 7.145 7.152 7.153 7.157 7.159 Qualitv Phvsical Environment Various Sewer Infrastructure Maintenance Support Program IVR/CTI, Bill Print, and Automated Payment Solution Design Lotus Gardens Sewer Improvements - 51% Program Records Management Improvements Customer Information System Version Migration CIT - Service Area Master Planning & Info. System (SAMPIS) Engineering Services - Various Projects Private Sanitary Sewer Pump Station Abandonment Program Princess Anne Plaza Rehabilitation - Phase II Sanitary Sewer System Revitalization Program - Phase I First Colonial RdNa. Beach Blvd Intersection Improvements Princess Anne Rd/Kempsville Rd Intersection Improvements Witchduck Rd - Phase I Sewer Improvements Witchduck Rd - Phase II Sewer Improvements ~ Pump Station Wet Well Revitalization Auxiliary Power Program - Sewer Pump Stations - Phase II 19th Street Corridor Sewer Improvements Utility Crossings Condition Assessment Program Sewer Valve Condition Assessment & Maintenance Sewer Tap Installation Program Storm Water Infrastructure Rehabilitation North Lake Holly Watershed South Lake Holly Watershed Southern Canal/Lead Ditch and Culvert Improvements SWM Master Planning, Analysis, and Inventory Kempsville Greens GC Community Stormwater Bank Stabilization Neighborhood Storm Water Infrastructure Improvements Primary System Infrastructure Improvements Residential Drainage Cost Participation Program Arctic Avenue - Baltic Avenue Lake Management Lynnhaven Watershed Restoration Lynnhaven River Environmental Restoration Study Water Quality Participation Projects Total Sewer Utility Projects: 100,000 75,000 235,000 100,000 125,000 250,000 50,000 75,000 2,000,000 2,000,000 20,000 200,000 70,000 50,000 300,000 600,000 400,000 90,000 50,000 1,000,000 $19,858,196 600,000 962,500 2,294,171 250,000 17,000 115,000 1,224,835 809,701 50,000 1,000,000 1 ,956,380 410,397 300,000 500,000 Project Number Attachment A - Capital Budget Appropriations Projects Appropriations FY 2006-07 7.160 7.183 7.902 8.007 8.008 8.014 8.023 8.282 8.830 3.061 3.275 3.292 4.004 4.013 4.016 4.017 4.018 4.023 4.024 4.030 4.033 4.034 4.036 4.051 Qualitv Phvsical Environment Thalia Creek Tributary Restoration Storm Water Quality Enhancements North Beach Drainage Total Storm Water Projects: Rudee Inlet Outer Channel Maintenance Dredging Beach Replenishment Lynnhaven Inlet Maintenance Dredging Sandbridge Beach Access Improvement & Sand Management Sand bridge Beach Restoration Rudee Inlet Federal Dredging Total Coastal Projects: CIT - Hansen V.8 Upgrade Total Communications and Information Technology Projects: Total Quality Physical Environment Projects: Cultural & Recreational Opportunities Virginia Aquarium Renewal and Replacement Virginia Aquarium Animal Care Annex Total Buildings Projects: Open Space Program Site Acquisition Community Rec Centers Repairs and Renovations - Phase II DistJComm. Parks/Special Use Facilities Dev. & Ren. Phase II Golf Courses Equipment & Infrastructure - Phase II Greenways and Scenic Waterways - Phase II Neighborhood Parks Acquisition and Development - Phase II Park Playground Renovations - Phase II Recreation Office and Storage at School Sites - Phase II Municipal Skate Parks Community Recreation Centers Roof Repairs and Replacements Tennis Court Renovations - Phase II Stumpy Lake Golf Course Infrastructure Improvements 500,000 250,000 475,000 $11,714,984 240,000 1,362,723 141,591 150,000 10,100,000 400,000 $12,394,314 500,000 $500,00.0 $94,521,499 75,000 1,100,000 $1,175,000 544,992 2,843,287 635,474 200,000 112,446 150,000 450,000 28,000 100,000 800,000 400,000 350,000 Project Number Attachment A - Capital Budget Appropriations Projects Appropriations FY 2006-07 4.055 4.063 4.073 4.074 4.971 1.001 1.018 1.019 1.031 1.075 1.078 1.085 1.099 1.101 1.103 1.104 1.105 1.227 1.228 1.232 1.234 1.235 3.175 3.262 Cultural & Recreational Opportunities Open Space Park Development and Maintenance Athletic Fields Upgrading and Lighting - Phase II Providence Park City Bikeways and Trails Plan Improvements - Phase I Mount Trashmore District Park Renovations Total Parks and Recreation Projects: Total Cultural & Recreational Opportunities Projects: Qualitv Education and LifelonQ LearninQ Renovations and Replacements - Energy Management Newtown Road Elementary School Replacement Great Neck Middle School Replacement Academy Facilities Improvements Elementary School 2007-08 School Bus Garage Facility Replacement! Expansion Alternative Education Facility - Phase II Renovations and Replacements - Grounds - Phase II Joint City/School Administration Building Renovations and Replacements - HV AC Systems - Phase II Renovations and Replacements - Reroofing - Phase II Renovations and Replacements - Various - Phase II Windsor Woods Elementary School Replacement Brookwood Elementary School Replacement Tennis Court Renovations Virginia Beach Middle School Replacement Windsor Oaks Elementary School Replacement Total Schools Projects: Virginia Beach Lifelong Learning Center Tidewater Community College Expansion Total Buildings Projects: Total Quality Education and Lifelong Learning Projects: 1,550,000 200,000 1,912,500 680,150 200,000 $11,156,849 $12,331,849 750,000 9,809,575 1,500,000 100,000 9,982,103 2,500,000 12,500,000 850,000 100,000 1,118,326 2,085,000 1,250,060 3,487,567 5,955,169 100,000 7,500,000 1,000,000 $60,587,740 909,533 500,000 $1,409,533 $61,997,273 Project Number Attachment A - Capital Budget Appropriations Projects Appropriations FY 2006-07 3.217 3.044 3.045 3.048 3.050 3.051 3.052 3.053 3.212 3.340 Familv and Youth Opportunities CIT - Human Services Client Information System Total Communications and Information Technology Projects: Total Family and Youth Opportunities Projects: Qualitv OrQanization CIT - City Council Agenda Process Automation CIT - Enterprise Data & Information Mgmt Plan - Phase I CIT - Software Infrastructure Replacement CIT - Planning Address Process Conversion CIT - 311/Customer Relationship Phase II CIT- IT Service Continuity CIT - Information Management - Phase II CIT - IT Network Infrastructure Replacement CrT - Telecommunications Replacement Total Communications and Information Technology Projects: Total Quality Organization Projects: Total Capital Budget: 700,000 $700,000 $700,000 250,000 414,000 286,000 100,000 325,000 1,900,OdO 100,000 1,750,000 390,060 $5,515,000 $5,515,000 $214,569,984 Attachment B - Financing Sources Financing Sources Development Proffers Fund Balance - General Fund Fund Balance - Other General Appropriations General Obligation Bonds Lease-Purchase 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 2006-07 $44,992 $9,875,976 $7,377,713 $47,213,078 $64,889,276 . $9,200,000 $5,675,000 $1,402,335 $1,498,000 $32,688,000 $2,510,000 $6,995,149 $18,950,465 $6,250,000 $214,569,984 Projects Roadwav Proiects Transfer To: 2.121 2.152 2.157 2.256 Transfer From: 2.121 2.152 2.256 Buildinqs Proiects Transfer To: 3.038 Transfer From: 3.038 Attachment C - Transfers Qualitv Phvsical Environment Nimmo Parkway-Phase V-A (VDOT) (Revenue Reduction) Elbow Road Extended - Phase II (First Cities Project) (Revenue Reduction) Lynnhaven Parkway - Phase IX (VDOT) Indian River Rd - Phase VII (First Cities Project) (Revenue Reduction) Total Transfer To: Nimmo Parkway-Phase V-A (VDOT) Elbow Road Extended - Phase II (First Cities Project) Indian River Rd - Phase VII (First Cities Project) Total Transfer From: Various Buildings Rehabilitation and Renewal (Revenue Reduction) Total Transfer To: Various Buildings Rehabilitation and Renewal Total Transfer From: Water and Sewer Utilitv Proiects Transfer To: 5.001 5.008 5.162 5.165 5.167 5.302 6.018 Transfer From: 5.001 5.002 5.006 5.035 5.062 5.067 5.072 5.140 5.141 5.144 5.146 Comprehensive Emergency Response & Planning - Phase I (Revenue Reduction) Birdneck Road Water Improvements - Phase II (VDOT) Birdneck Road Water Improvements - Phase II (VDOT) Shore Drive Water Line Improvements Water Tank Upgrade Program - Phase III Potable Wells Evaluation Program Phase II Sanitary Sewer Aging Infrastructure Program - Phase I Total Transfer To: Comprehensive Emergency Response & Planning - Phase I Nimmo Pkwy Water Improvements Water Appurtenances Location & Improvements Nimmo Parkway Water Improvements-Phases I, II, & III (VDOT) Nimmo Parkway Water Improvements - Phase V (VDOT) Courthouse and Sandbridge Tank Modifications Maxey Manor Water Improvements - 51 % Program Various Roadway/Storm Water Coordination - Phase IV Water Request and Agreements Phase IV - 51% Program North End Water Main Replacement Atlantic Ave Water Line Abandonment Appropriations Prior to FY 2006-2007 $2,844,796 2,501,880 7,150,300 2,501,880 $14,998,856 $2,844,796 6,076,880 6,077,180 $14,998,856 $116,000 $116,000 $116,000 $116,000 $19,077 50,000 200,000 555,000 550,000 19,731 881,804 $2,275,612 $19,077 87,247 300,000 75 57,447 51,000 4,849 250,000 150,000 22,100 2,011 Projects 5.147 5.710 6.005 6.021 6.027 6.031 6.036 6.052 6.063 6.067 6.072 6.103 6.962 Attachment C - Transfers Providence Road Water Improvements 19th Street Corridor Water Improvements First Colonial Rd-Phase III & Oceana Blvd Extension (VDOT) Salem Road C Kenley Rd / Bonney Rd Sewer Improvements - 51% Program Sewer Appurtenances Evaluation & Improvements Sewer Requests and Agreements - Phase III (51 % Program) Stumpy Lake Lane Sewer Improvements - 51% Program Central Business District System Upgrade Various Roadway/Storm Water Coordination - Phase IV Bow Creek Neighborhood Park Sewer Improvements Lake Ridge Interceptor Force Main Timberlake Force Main Total Transfers From: Storm Water Utility Proiects Transfer To: 7.005 7.027 7.063 Transfer From: 7.005 7.183 7.281 Coastal Proiects Transfer To: 8.008 8.014 8.830 Transfer From: 8.002 8.004 8.006 Buildinas Proiects Transfer To: 3.292 3.322 North Lake Holly Watershed (Revenue Reduction) SWM Master Planning, Analysis, and Inventory Neighborhood Storm Water Infrastructure Improvements Total Transfer To: North Lake Holly Watershed Storm Water Quality Enhancements Larkspur Drainage - Phases I and II Total Transfers From: Beach Replenishment Lynnhaven Inlet Maintenance Dredging Rudee Inlet Federal Dredging Total Transfer To: Beach Profile Monitoring Program Various Minor Dredging Projects Rudee Inlet Infrastructure Improvements Total Transfers From: Cultural and Recreational Opportunities Virginia Aquarium Animal Care Annex Virginia Aquarium Original Exhibit Gallery Renovation Total Transfers To: Appropriations Prior to FY 2006-2007 250,000 200,000 892 323 50,000 300,000 16,170 6,899 180,639 199,383 35,000 75,000 17,500 $2,275,612 $152,865 163,750 118,000 $434,615 $152,865 118,000 163,750 $434,615 $128,139 50,105 57,613 $235,857 $49,513 128,731 57,613 $235,857 $821,145 1,666,676 $2,487,821 Projects Transfer From: 3.041 Attachment C - Transfers Virginia Aquarium Elevated Pedestrian Crosswalk Parks and Recreation Proiects Transfer To: 4.004 4.019 4.959 Transfer From: 4.004 4.019 4.959 Schools Proiects Transfer To: 1.098 Transfer From: 1.073 Total Transfers From: Open Space Program Site Acquisition (Revenue Reduction) New Princess Anne District Park Athletics Complex (Revenue Reduction) Golf Course Infrastructure and Equipment - Phase I (Revenue Reduction) Total Transfer To: Open Space Program Site Acquisition New Princess Anne District Park Athletics Complex Golf Course Infrastructure and Equipment - Phase I Qualitv Education and Lifelona Learnina Comprehensive Long Range Facilities Planning Study Comprehensive Modernization Study - Phase IV Total Transfer From: Total Transfer To: Total Transfer From: Appropriations Prior to FY 2006-2007 $2,487,821 $2,487,821 $4,250,000 1,591 94,234 $4,345,825 $4,250,000 1,591 94,234 $4,345,825 $550,000 $550,000 $550,000 $550,000 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 $63,800,000 FOR VARIOUS PUBLIC FACILITIES 5 AND GENERAL IMPROVEMENTS 6 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of 7 general obligation public improvement bonds for various purposes in the maximum amount of $63,800,000, as 8 permitted by the City Charter, without submitting the question 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 construct and 12 improve various public facilities and make general improvements, all of which will promote the public welfare of the 13 City and its inhabitants and will facilitate the orderly growth, development, and general welfare of the City, and to 14 finance the costs thereof through the borrowing of up to $63,800,000 and issuing the City's general obligation bonds 15 therefor. 16 2. That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby 17 authorized to be issued general obligation pUbli6 improvement bonds of the City in the maximum amount of 18 $63,800,000, to provide funds, together with other funds that may be available, for various public improvement 19 projects, including School, Roadway, Coastal, Economic and Tourism, Building, and Parks and Recreation projects, 20 for project activities that include, but are not limited to, the following: preliminary studies and surveys, permit 21 com pliance, environmental assessment, planning, design, engineering, site acquisition, relocation of residents, utility 22 relocation, construction, renovation, expansion, repair, demolition, site improvement, site work, legal services, 23 inspection and support services, furniture and equipment, and contingencies. 24 3. That the bonds may be issued as a separate issue at one time or in part from time to time 25 or combined with bonds authorized for other purposes and sold as part of one or more combined issues of public 26 improvement bonds. 27 4. That the bonds shall bear such date or dates, mature at such time or times not exceeding 28 40 years from their dates, bear interest, be in such denominations and form, be executed in such manner and be 29 sold at such time or times and in such manner as tile Council may hereafter provide by appropriate resolution or 30 resolutions. 31 5. That the bonds shall be general obligations of the City for the payment of the principal, 32 premium, if any, and interest on which its full faith and credit shall be irrevocably pledged. 33 6. That the City Clerk is directed to make a copy of this ordinance continuously available for 34 inspection by the general public during normal business hours at the City Clerk's office from the date of adoption 35 hereof through the date of the issuance of the Bonds. 36 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to 37 immediately file a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 38 8. That this ordinance shall be in full force and effective from its passage. 39 Adopted by the Council of the City of Virginia Beach, Virginia on this 9th day of May, 2006. 40 Adoption requires the affirmative vote of two-thirds of all members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ~~~~e; ~ ,Jamu. r!;!lh - City Attorney's 0 ce 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 $2,510,000 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 $2,51 0,000 for financing improvements and expansions to 7 the City's storm water utility system (the "System "), as perm itted by the City Charter without su bm itting 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 $2,510,000 and issuing the City's revenue bonds therefore. 15 2. That, pursuant to the City Charter and the Public Finance Act of 1991 , there are hereby authorized to be 16 issued storm water utility system revenue bonds of the City in the maximum amount of $2,51 0,000 to provide funds, 17 together with other available funds, for financing the costs of improvements and expansions to the System. 18 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from 19 their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time 20 or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 21 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited 22 obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the 23 City from the System, and shall not be included within the otherwise authorized indebtedness of the City. The bonds 24 shall not be deemed to create or constitute an indebtedness of, or a pledge of the faith and credit of, the 25 Commonwealth of Virginia or of any county, city, town, or other political subdivision of the Commonwealth, including 26 the City. The issuance of the bonds and the undertaking of the covenants, conditions, and agreements to be 27 contained in resolutions to be adopted or agreements to be entered into hereafter shall not directly, indirectly, or 28 contingently obligate the Commonwealth, the City, or any other political subdivision of the 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 immediatelyfile 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 9th day of May, 2006. 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 ~~eSce~ , /airo '1:tf A-- City Attorney's ffice 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 $18,950,465 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 $18,950,465 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 $18,950,465 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 $18,950,465 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 9th day of May, 2006. 47 Adoption requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT ~a8S~iC~S~ APPROVED AS TO LEGAL SUFFICIENCY .}Pm.g ~ CilY Attorney's ice - 30 - Item V-J.2e. RESOLUTION ITEM # 55180 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Resolution AUTHORIZING the City Manager to use EXCESS FY2005- 06 Fund Balance from the General Fund for selected capital projects Voting: 10-1 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 9, 2006 A RESOLUTION DIRECTING THE CITY MANAGER TO PLAN FOR THE USE OF EXCESS FY 2005-06 FUND BALANCE FROM THE GENERAL FUND FOR SELECTED CAPITAL PROJECTS WHEREAS, during the during the FY 2006-07/FY 2007-08 Resource Management Plan process, five important capital projects were identified that the City of Virginia Beach City Council would like to address if sufficient fund balance from the General Fund is available at the end of FY 2005-06. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following five capital projects shall be funded before any other use is considered, if sufficient fund balance from the General Fund is available after the close-out of the City's financial books: 1. Approximately $12,250,625 for Capital Project #2-208 Constitution Drive Extended for the City's share of a cost participation agreement with a developer totaling $15,779,500. 2. Approximately $1,000,000 for Capital Project #2-731 Shore Drive Interim Safety Improvements. 3. Approximately $2,972,821 for Capital Project #3-041 Virginia Aquarium Elevated Pedestrian Crosswalk to complete the project; 4. Approximately $800,000 for Capital Project #4-044 Bayside Commons Community Services Facility to provide 35% drawings; and 5. Approximately $4,100,000 for Capital Project #4-064 City Bikeways & Trails Plan Improvements - Phase II. Accepted by the Council of the City of Virginia Beach, Virginia on this 9th day of May, 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~S~ ~kvYl$1 Jie' City Attorney's lice - 31 - Item v'J. ORDINANCES/RESOLUTIONS ITEM #55181 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Ordinances/Resolutions Items 3,4,5.6, la/b, 8. 9,10,11 and 12 of the 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 L. Wood Council Members Voting Nay: None Council Members Absent: None Council Lady McClanan will vote a VERBAL NAY on Item J.4. (enforcement and penalties re parking spaces reserved for persons with disabilities violations. Councilman Reeve will vote a VERBAL NAY on Item J.II (TRANSFER $4-MILLION within the FY 2005-06 School Operating Budget) May 9, 2006 - 32 - Item v'J.3. ORDINANCES/RESOLUTIONS ITEM #55182 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AMEND and REORDAIN 996-112 and 6-113 re designation of channel lines and mooring or anchoring within marked channels 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 9, 2006 1 2 3 AN ORDINANCE TO AMEND CITY CODE SECTIONS 6-112 AND 6-113 PERTAINING TO CHANNEL LINES AND MOORING 4 SECTION AMENDED: ~~ 6-112 AND 6-113 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Sections 6-112 and 6-113 of the City Code are hereby 8 amended and reordained, to read as follows: 9 Sec. 6-112. Designation of channel lines; mooring or anchoring 10 within marked channels. 11 (a) The City Manager city manager is authorized to establish 12 channel lines in those waters within the city not so regulated by 13 any agency of the United States or the Conunonwealth common.v;ealth. 14 Areas so designated shall be marked with markers approved by state 15 or federal agencies having authority to give approval on request of 16 the City Manager city ffiunager. 17 (b) It shall be unlawful for any person, except in case of 18 emergency, to moor or anchor any boat or vessel or to obstruct or 19 impede the passage of any vessel within any marked channel in the 20 navigable waters of the city. (c) A violation of this Section shall be punished by a fine 21 not to exceed $200, or by imprisonment not to exceed three months, 22 23 or both. 24 25 26 Sec. 6-113. Mooring or tying up to channel markers, buoys, bridges, etc. 27 (a) It shall be unlawful for any person, except in case of 28 emergency, to moor or tie up any boat or vessel to designated 29 channel markers, buoys, navigational aids, bridges or bridge 30 abutments. This prohibition shall not apply to the Chesapeake Bay 31 Bridge or its islands or abutments. 32 (b) A violation of this Section shall be punished by a fine 33 not to exceed $200, or by imprisonment not to exceed three months, 34 or both. 35 Adopted by the City Council of the City of Virginia Beach, 36 Virginia, on this 9th day of May, 2006. - 33 - Item V.J.4. ORDINANCES/RESOLUTIONS ITEM #55183 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ADD 921-303.1 to the City Code for enforcement and penalties re parking spaces reserved for persons with disabilities violations 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 9, 2006 1 AN ORDINANCE TO ADD SECTION 21-303.1 TO THE 2 CITY CODE PERTAINING TO PARKING IN SPACES 3 RESERVED FOR PERSONS WITH DISABILITIES 4 SECTION ADDED: ~ 21-303.1 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 21-303.1 of the City Code is hereby added and 8 ordained, to read as follows: Sec. 21-303.1 Parking in spaces reserved for persons disabilities; enforcement and penalties violations. with for 9 10 11 12 13 Pursuant to Virginia Code ~ 46.2-1313, all of the provisions and requirements of Virginia Code ~ 46.2-1242, including, pursuant 14 to Virginia Code ~ 1-220, future amendments, are hereby adopted and 15 16 incorporated in this section by reference and made applicable 17 within the City. Such provisions and requirements are hereby 18 adopted and made a part of this section as fully as though set 19 forth at length herein, and it shall be unlawful for any person 20 within the City to violate or fail, neglect or refuse to comply 21 with Virginia Code ~ 46.2-1242. Any change to this section 22 resulting from a future amendment to Virginia Code ~ 46.2-1242 23 shall become effective at the same time the state law amendment 24 becomes effective. All definitions of words and phrases contained 25 in Virginia Code ~ 46.2-100 shall apply to such words and phrases 26 when used in this section. In addition to the provisions contained 27 in Virginia Code ~ 46.2-1242, the following provisions also apply: 28 ~ A summons or parking ticket for violation of the state 29 law that prohibits unauthorized parking in spaces reserved for 30 persons with disabilities may be issued by law-enforcement 31 officers, uniformed law-enforcement department employees, or 32 volunteers supervised by the Police Department, without the 33 necessity of a warrant's being obtained by the owner of any private 34 parking area. 35 ~ When a notice or citation is attached to a vehicle found 36 parked in violation of this section, the owner of the vehicle may, 37 within fourteen (14) calendar days thereafter, pay to the city 38 treasurer, in satisfaction of such violation, a penalty of one 39 hundred fifty dollars ($150.00). Such payment shall constitute a 40 plea of guilty for the violation in question. If such payment is 41 not postmarked or received by the city treasurer within fourteen 42 (14) calendar days after receipt of such notice or violation, the 43 penalty shall be two hundred fifty dollars ($250.00). The failure 44 of any owner to make payment as prescribed above within thirty (30) 45 days shall render such owner, upon conviction of such violation, 46 subject to a fine of not less than one hundred dollars ($100) nor 47 more than five hundred dollars ($500.00). 48 Adopted by the City Council of the City of Virginia Beach, 49 Virginia, on this 9th day of May, 2006. - 34 - Item v'J.5. ORDINANCES/RESOLUTIONS ITEM #55184 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance AUTHORIZING the City Manager to execute a twelve- month Lease with the C.B.M. Co. T/A SCHOONER INN to be used as an overflow parking lot for registered guests at 108 Atlantic Avenue (DISTRICT 6 - BEACH) 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. Oberndoif, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 9, 2006 1 2 3 4 5 6 7 8 9 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE FOR LESS THAN FIVE YEARS WITH THE C.B.M. CO., TIA SCHOONER INN FOR 0.21 ACRE OF CITY OWNED LAND LOCATED NEAR 3RD STREET AND ATLANTIC AVENUE, BEING A PART OF THE PARCEL LOCATED AT 108 ATLANTIC AVENUE IN THE CITY OF VIRGINIA BEACH 10 WHEREAS, the City of Virginia Beach ("the City") is the owner of .21 acre of land located near 3rd Street and Atlantic Avenue, being a part of the parcel located at 108 Atlantic 11 12 Avenue in Virginia Beach, Virginia (the "Premises"); 13 WHEREAS, CBM Company, t/a Schooner Inn ("Schooner Inn") would like to 14 enter into a formal lease arrangement with the City for the Premises shown on Exhibit 15 A- , 16 WHEREAS, the Premises will be utilized as an overflow parking lot for the 17 registered guests of the Schooner Inn and for no other purpose; 18 WHEREAS, Schooner Inn has agreed to pay the City $25,200.00, payable either 19 in a lump sum or in equal monthly payments of $2,100 for the use of this property for a 20 twelve-month period; 21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 22 23 That the City Manager is hereby authorized to execute a lease for a term of less 24 than five (5) years between Schooner Inn and the City, for the Premises in accordance 25 with the Summary of Terms attached hereto and such other terms, conditions or 26 modifications as may be satisfactory to the City Attorney and the City Manager. 27 Adopted by the Council of the City of Virginia Beach, Virginia on the 9th 28 day of May ,2006. APPROVED AS TO LEGAL SUFFICIENCY D FORM APPROVED AS TO CONTENT p. Sign~U 7 M4n'11~-<--..f 5&'(Zv;a'> lIAr:: t.h> r-1.~1 Department ( CA-9873 X:\OID\REAL EST A TE\LEASES\Dolphin Run & Schooner Inn\Schooner Inn 2006\Schooner Inn Ordinance 2006.DOC R-1 April 27,2006 ~ Feet EXHIB IT A ~ (J ~ z <C ..J ~ 2ND ST \_---- LOCATION MAP SHOWING PROPERTY TO BE LEASED TO THE C.B.M. CO. T/A SCHOONER INN 200 I Prepared by PW./Eng.lEng. Support Services Bureau 3/31/06 X:\Projects\ARC Files\Agenda Maps\DeWitt Property.mxd SUMMARY OF TERMS LEASE FOR THE USE OF .21 ACRE OF CITY REAL PROPERTY LESSOR: City of Virginia Beach LESSEE: C.B.M. Co. t/a Schooner Inn PREMISES: Approximately .21 acre of City property located near 3rd Street and Atlantic A venue, being a part of the parcel located at 108 Atlantic Avenue in the City of Virginia Beach. TERM: May 1,2006 through Apri130, 2007 RENT: Rent shall be $25,200, payable either in a lump sum or in equal monthly installments of $2, 100. RIGHTS AND RESPONSIBILITIES OF SCHOONER INN: . Will use the Premises for overflow parking for its guests and for no other purpose. · Will keep, repair, and maintain the Premises at its expense and will do so in a workmanlike manner. . Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($l ,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. · Will maintain Automobile Liability Insurance including coverage for non-owned and hired vehicles in an amount not less than five hundred thousand dollars ($500,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Licensee shall provide a certificate evidencing the existence of such insurance. · Will assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. · Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF THE CITY: · Will have access to the premises at any time, without p~ior notice, in the event of an emergency. · Will have the right to require Schooner Inn to surrender possession and control of the Premises to the City upon forty-eight (48) hours notice in the discharge of its powers, purposes, or responsibilities. · Will have the right to grant easements and rights of way across the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: The City may terminate the Lease upon providing thirty (30) days written notice to Schooner Inn. X:\OID\REAL ESTATE\LEASES\Dolphin Run & Schoullcr Inn\SchooJlcr Ill1l2006\SCHOONER INN.SUMMARY OF TERMS 2(X)(),duc - 35 - Item v'J. 6. ORDINANCES/RESOLUTIONS ITEM #55185 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance AUTHORIZING the Sheriff to reimburse $1,500 to a Deputy for legal fees and expenses incurred during defense of a criminal charge resulting from the performance of official duties from the Sheriff's office FY 2005-06 Operating Budget. 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 9, 2006 AN ORDINANCE AUTHORIZING THE REIMBURSEMENT OF LEGAL FEES AND EXPENSES INCURRED BY A SHERIFF'S DEPUTY IN DEFENDING A CRIMINAL CHARGE THAT RESULTED FROM THE PERFORMATNCE OF HER DUTIES AND WAS DISMISSED BY THE COURT WHEREAS, a Virginia Beach sheriff's deputy was charged with assault and battery for actions resulting from the performance of her official duties; WHEREAS, at a trial held in the Virginia Beach General District Court, the charge against the officer was dismissed; WHEREAS, in the defense of said charge; the officer incurred legal fees and expenses in the amount of $1,500.00, and has requested the City to reimburse her for such fees and expenses; WHEREAS, Section 15.2-1171 of the Code of Virginia provides that "(ilf any law-enforcement officer shall be investigated, arrested or indicted or otherwise prosecuted on any criminal charge arising out of any act committed in the discharge of his official duties, and no charges are brought, the charge is subsequently dismissed or upon trial he is found not guilty, the governing body of the jurisdiction wherein he is appointed may reimburse such officer for reasonable legal fees and expenses incurred by him in defense of such investigation or charge"; WHEREAS, the City Attorney's Office has reviewed the circumstances of this case, assessed the itemized bill submitted by the officer's legal counsel, and determined that the legal fees and expenses incurred by the officer are reasonable. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Sheriff is hereby authorized to expend funds in the amount of $1,500.00 from the FY 2005-06 Operating Budget of the Sheriff's Office for the purpose of reimbursing a sheriff's deputy for legal fees and expenses incurred by her in her defense of a criminal charge brought against her that resulted from the performance of her official duties. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of May , 2006. CA-10027 H/GG/ordres/sheriff.legalfees06.ord.doc R-3 May 2, 2006 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~fice- ~'--", -~ She lff's Offic 2 - 36 - Item v.J. 7.a. ORDINANCES/RESOLUTIONS ITEM #55186 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to A UTHORIZE temporary encroachments into: City's right-ofway at Cypress Avenue (aka 416 Caspian Avenue) by CHRISTOPHER A. and KALLI T. SCAGLIONE to construct and maintain riprap and a pier (DISTRICT 6 - BEACH) The following conditions shall be required: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. The applicant shall indemnifY and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant must obtain a permit from the Office of the Planning Department prior to commencing any construction within the encroachment area. 7. Prior to issuance of a right-ofway permit, the applicant must post a bond or other security in accordance with the engineer's cost estimate to the Office of the Planning Department. 8. The applicant must obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional insured or loss payee, as applicable. The applicant agrees to carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant will provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. May 9, 2006 - 37 - Item v.J. 7.a. ORDINANCES/RESOLUTIONS ITEM #55186 (Continued) 9. The applicant shall submit for review and approval a survey of the area being encroached upon, certified by a registered professional engineer or a licensed land surveyor and/or "as built" plans of the temporary encroachment, sealed by a registered professional engineer, ifrequired by the City Engineer's Office or the Engineering Division of the Public Utilities Department. 10. The temporary encroachment must conform to the minimum setback requirements, as established by the City. 11. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-ol-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were occupied by the applicant; and if such removal shall not be made within the time ordered herein above, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 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 9, 2006 1 Requested by Department ot Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 A PORTION OF AN UNIMPROVED 6 CITY RIGHT-OF-WAY KNOWN AS 7 CYPRESS AVENUE (A/K/A CASPIAN 8 AVENUE) BY CHRISTOPHER A. 9 SCAGLIONE AND KALLI 1. 10 SCAGLIONE, THEIRS HEIRS, 11 ASSIGNS AND SUCCESSORS IN 12 TITLE 13 14 WHEREAS, Christopher A. Scaglione and Kalli 1. Scaglione desire to construct 15 and maintain riprap and a pier within the City's unimproved right-ot-way known as 16 Cypress Avenue (A/K/A Caspian Avenue). 17 WHEREAS, City Council is authorized pursuant to ~~ 15.2-2009 and 15.2-2107, 18 Code ot Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's right-ot-way subject to such terms and conditions as Council may prescribe. 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That pursuant to the authority and to the extent thereot contained in ~~ 15.2- 23 2009 and 15.2-2107, Code ot Virginia, 1950, as amended, Christopher A. Scaglione 24 and Kalli T. Scaglione, their heirs, assigns and successors in title are authorized to 25 construct and maintain a temporary encroachment tor riprap and a pier in the City's 26 unimproved right-ot-way as shown on the map marked Exhibit "A" and entitled: 27 "PROPOSED ENCROACHMENT PROPOSED RIPRAP AND PRIVATE PIER FOR 28 CHRISTOPHER A. AND KALLI T. SCAGLIONE LOT 2, BLOCK 44, SHADOWLAWN 29 HEIGHTS BEACH DISTRICT VIRGINIA BEACH, VA (M.B. 7 PG. 14) DATE: JANUARY 30 5, 2005," a copy of which is on file in the Department of Public Works and to which 31 reference is made for a more particular description; and 32 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 33 subject to those terms, conditions and criteria contained in the Agreement between the 34 City of Virginia Beach and Christopher A. Scaglione and Kalli 1. Scaglione (the 35 "Agreement"), which is attached hereto and incorporated by reference; and 36 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 37 is hereby authorized to execute the Agreement; and 38 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 39 time as Christopher A. Scaglione and Kalli 1. Scaglione, and the City Manager or his 40 authorized designee execute the Agreement. 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the 42 9th day of Mav ,2006. 43 44 PROVED AS TO CONTENTS 45 C.,.... 46 NATURE 47 PW 1> uJ C61CiJi 48 DEPARTMENT 49 50 APPROVED AS TO LEGAL 51 SUFFICIENCY AND FORM 52 l1Atla a.~ 53 CITY AtTORNEY 54 55 CA-9532 56 PREPARED: 4/12/06 57 58 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA9532 Scaglione.doc PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 27th day of September, 2005, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and CHRISTOPHER A. SCAGLIONE AND KALLI T. SCAGLIONE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot 2, in Block 44, as shown on that certain plat entitled: "MAP OF SHADOW LAWN HEIGHTS" (Map Book 7, Page 14) and being further designated and described as 416 Caspian Avenue, Virginia Beach, Virginia 23451 WHEREAS, it is proposed by the Grantee to construct and maintain riprap and a pier, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing unimproved right of way known as Cypress Avenue (A/K/A Caspian Avenue) "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN: NO GPIN ASSIGNED TO RIGHT OF WAY GPIN 2427-02-3289 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "PROPOSED ENCROACHMENT PROPOSED RIPRAP AND PRIVATE PIER FOR CHRISTOPHER A. and KALLI T. SCAGLIONE LOT 2, BLOCK 44, SHADOWLA WN HEIGHTS BEACH DISTRICT VIRGINIA BEACH, VA (M.B. 7, PG. 14) DATE: JANUARY 5, 2005)," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. 2 It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, to the Office of Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. 3 It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utili tie s Department. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Christopher A. Scaglione and Kalli T. Scaglione, the said Grantee has caused this Agreement to be executed by their signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 CITY OF VIRGINIA BEACH By City Managerl Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk CM....Q. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2005, by , CITY MANAGER! AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. 5 Notary Public My Commission Expires: STATE OF CITY/GOUNTv-GFV, ~ (lU (-L~G1.b to-wit: . +~ The foregoing instrument was acknowledged before me this ;). '1 day of ~005, hy Christopher A. SCagl~... SCI~e. .' ~ 1-1... ~Ct...).J'"'l.-:1__ Notary Public My Commission Expires: My Commission Expires January 31. 2OOf> APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~mf-!; C. ~k S GNATURE P to RuJ' E ltJa"t DEPARTMENT lli~ q.~ X:\Projects\Encroachments\Applicants\Scaglione, Chris Caspian Ave - RB\Agreement Encroachment.Frm.doc 6 , ",.' ",.' A' ",." ~.' ",.' ~,.' ",.' ",.' "'. TERRACE . AVE (UNIMPROVED) .....~~ ..:~4&. _...~ _,,-~'4J!#- .I<~~ N""BJ.O'o'o"ci'" E"~ ...:"-~ .... .... .... .". .'~ .... . , . ~ ~ ~ ~ ~ ~L Exhibit "A" -"IJ&. ~45.00'.w~ -,>!-Ij.l-ll- .ol\jJJl. ~ ~ ~1J1~ -i\.~ ~Jl. -4-l!&- ---.... o o g: 2427-02-3289 N;::'- ~ 0 0 r') <ci 0 I()cj K ~G 9 C :5:---.... f2\ 02 \..::.J 0 .2 : '-' N go r<) ;...~ ri og " I z ~ <0 N o I r--.. N '<t N 2-S-F # 416 REF !\ IPF 45.00' - \f--r---;~F S 83'00'00" W 50.05' I I I I I I I I I I IPF CON TROLS: PT. 1 2 C 15 39 o 39 45 E 66 58 F 128 105 G 27 51 H 47 57 I 75 69 J 1 06 88 K 23 50 CD 2427-02-3293 WINSTON-SALEM AVE. PLAN VIEW SCALE 1 JJ = 30' .... 0" ..."L ..1,,_ -".... 2427-02-4367--' . \ / l1) \,0/ // ~ \ r\ - '<t ,. I /1 ~ Ii \ PL's AS SCALED r!- fj;\ ,I \ FROM PLA T ~vl\ MHWAT N . \ ' \\ BLKD Y ~ \ (' ~l?'\ ,A ~ ~~\ . ~~~ "7 ~\ ~ '0 \ \ \ ~~ \ ~~\ ~l~ \ cP\ s.:~ . ~ \ <<' 'c5l \ ~ \ \ ~ 0\b\ \~ . ~ \ ~ \ . \ ~ \ 12 ~ \ c.. \ \ \P \ \ \ ,0 \ ~ ' \) 0100 <<' \ - ""-,,,"- ~I & <<' \ PROPOSED. ~ \ BOAT LIFT " " ~\ \ ---------~----- ~it-- ", ........ """... ~Ji.. ~" ....... ....... PROPOSED RIPRAP AND PIER -\- ~+~ 70 w ~ 0 rorj ..C) V 0 o /' '-1.'- ~o o 0 ~ (;) ~ '<' ~ k o V1 o :s: "'" 0::: o o cj o -- ..-.... ~ o I-- a: l!):5 a Q ~ w a:: u z o u . I ~. <(~ <( (f):z (f)<( lU- 0:::81 Q<( )-:U ()'--' RIPRAP MHW @ 2427-02-5241 l\ @ 2004 WATERFRONT CONSUL TlNG, INC. ALL RIGHTS RESERV O. WATERFRONT CONSULTING, INC 1112 JENSEN DRIVE, STE. 206 VIRGINIA BEACH, VA 23451 PH: (757) 425-8244 FAX: (757) 31.3-9788 ENGINEERING SERVICES PROVIDED BY: SEA DE~GN SER~CES 757-467-7486 PROPOSED ENCROACHMENT PROPOSED RIPRAP AND PRIVA TE PIER FOR CHRISTOPHER A. and KALLI T. SCAGLIONE LOT 2, BLOCK 44, SHADOWLAWN HEIGHTS BEACH DISTRICT VIRGINIA BEACH, VA (M.B. 7 PG. 14) DA TE: JANUARY 5, 2005 ~',~ tM_'" . 1 Ji,. " ,.0 ..~_ *' Tie-in to Neighbors' Existing Riprap LAKf RUOff SCALE: 1" = 200' CASPIAN.DGN M.j.S. PREPARED BY pm ENG. CADD DEPT. SEPT. 2005 - 38 - Item v'J. 7.b. ORDINANCES/RESOLUTIONS ITEM #55187 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachments into: Bass Inlet East (adjacent to 2841 Sandpiper Road) by ANDERS HELLSTROM to construct and maintain a boat dock (DISTRICT 7 - PRINCESS ANNE) The following conditions shall be required: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant must obtain a permit from the Office of the Planning Department prior to commencing any construction within the encroachment area. 7. The applicant must obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional insured or loss payee, as applicable. The applicant agrees to carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant will provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. May 9, 2006 - 39 - Item v'J. 7.b. ORDINANCES/RESOLUTIONS ITEM #55187 (Continued) 8. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were occupied by the applicant; and if such removal shall not be made within the time ordered herein above, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 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 9, 2006 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO A 5 PORTION OF CITY PROPERTY 6 KNOWN AS BASS INLET EAST 7 LOCATED AT 2841 SANDPIPER 8 ROAD BY ANDERS HELLSTROM, HIS 9 HEIRS, ASSIGNS AND SUCCESSORS 10 IN TITLE 11 12 WHEREAS, Anders Hellstrom desires to construct and maintain 13 a boat dock within the City property being known as Bass Inlet 14 East and located adjacent to 2841 Sandpiper Road 15 WHEREAS, City Council is authorized pursuant to ~ ~ 15.2- 16 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 17 authorize temporary encroachments upon the City's property 18 subject to such terms and conditions as Council may prescribe. 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 That pursuant to the authority and to the extent thereof 22 contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 23 as amended, Anders Hellstrom, his heirs, assigns and successors 24 ~n title are authorized to construct and maintain a temporary 25 encroachment for a boat dock in the City's property as shown on 26 the map marked Exhibit A and entitled: "PROPOSED ENCROACHMENT 27 FOR A BOAT DOCK IN BASS INLET EAST FOR ANDERS HELLSTROM," a copy 28 of which is on file in the Department of Public Works and to 29 which reference is made for a more particular description; and 30 BE IT FURTHER ORDAINED, that the temporary encroachment 1S 31 expressly subject to those terms, conditions and criteria 32 contained in the Agreement between the City of Virginia Beach 33 and Anders Hellstrom (the "Agreement"), which is attached 34 hereto and incorporated by reference; and 35 BE IT FURTHER ORDAINED, that the City Manager or his -'0 authorized designee is hereby autllorized to execute the 37 Agreement; and 38 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 39 effect until such time as Anders Hellstrom and the City Manager 40 or his authorized designee execute the Agreement. 41 Adopted by the Council of the City of Virginia Beach, 42 Virginia, on the 9th day of May 2006. CA - 9863 PREPARED: 2/27/06 APPROVED AS TO CONTENTS Cv,rml( C. ~~ \\'D ~URE pJJ.U'( Wodr Rrd rsJdt DEPARTMENT C X: I OlD I REAL ESTATEIEncroachmentslPW OrdinanceslCA9863 Hellstrom.doc PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDA TION TAXES UNDER SECTION 58.1-8II(e) (4) THIS AGREEMENT, made this 24th day of February, 2006, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and ANDERS HELLSTROM, HIS HEIRS, ASSIGNS and SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "33", as shown on that plat entitled: "TRACT B- SECTION 3, SANDBRIDGE BEACH", said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 51, at Page 25 and being further designated and described as 2841 Sandpiper Road, Virginia Beach, Virginia 23456-4432; WHEREAS, it is proposed by the Grantee to construct and maintain a proposed boat dock, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City Property known as Bass Inlet East and located adjacent to 2841 Sandpiper Road "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 2433-33-0237 (Bass Inlet East) 2433-35-1725 1 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "PROPOSED ENCROACHMENT FOR A BOAT DOCK IN BASS INLET EAST FOR ANDERS HELLSTROM", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence ofthe Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of 2 any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so 3 occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Anders Hellstrom, the said Grantee, has caused this Agreement to be executed by his signature. Further" that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Managerl Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk c~'.'c Anders Hellstrom STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2006, by , CITY MANAGER! AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: 4 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2006, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: g::~~~~/lI6'gtJl!lIto-wit: The foregoing instrument was acknowledged before me thiS~'~ day of ~4Rr- ,2006, by Anders Hellstrom. / /. ./; !a4JPltl. ~. Notary PublIc My Commission Expires: ::;r-ft /2 cyif APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~ ~~ C. ~'{Ik rYJ ~~~;~RE 11JJu/ ID~ {(Ed EsilItt DEPARTMENT 5 ENCROACHMENT: PROPOSED DOCK ENCROACHMENT 15 17.5' FROM PROPERlY LINE I I I I I I I I I I I I I I I I I LL______ '-_ _ _____ I i I I EXHIBIT "A" MLW~_ TOE OF" SLOPE 121 --.. - - TOP OF" BANK 10' DRAINAGE EASEMENT - BASS !NLET EAST- ~,., <;,~ -- EBB-:l c..FLOOD_ - PROPOSED 8'X16' DOCK Ill! 5 10'48 00 E 90.00' ---~ .".. : ----------- QUITCLAIM DEED, DATED 01/13/05, GPIN: 2433 35 1725 ./ ... 3= Ib o c... ... en ,... (/) // ,// /,..- ',,,- If 2841 Sandpiper Rd GPIN: 243335 1725 4 ~ ~ , .4' '" '" , ,-d ' " I I I I I -----1 SRAPHIC SCALE 10' 0 10' 20' H-~~~: : I 1" = 20' -4. . 4.. .. '.. <tI 4, 'oIl - -,~, 4--- :~ oil .04- 4 SITE PLAN SCALE: 1"=20' PROPOSED ENCROACHMENT FOR A BOAT DOCK IN I BASS INLET EAST FOR ANDERS HELLSTROM I PROJECT LOCATION: 2841 SANDPIPER RD VA BEACH, VA 23456 DATE: 02/03/05 South side neighbors new deck Proposed encroachment location North opposite ban1e comparables - 40- Item v'J.8. ORDINANCES/RESOLUTIONS ITEM #55188 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to APPROPRIATE $49,185 in estimated revenue from the State Compensation Board to the Commonwealth's Attorney's FY 2005- 06 Operating Budget re purchase of equipment and various other expenses 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. Oberndoif, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 9, 2006 1 AN ORDINANCE TO APPROPRIATE $49,185 IN 2 ESTIMATED REVENUE FROM THE STATE COMPENSATION 3 BOARD TO THE COMMONWEALTH'S ATTORNEY'S FY 4 2005-06 OPERATING BUDGET FOR THE PURCHASE OF 5 EQUIPMENT AND PAYMENT OF STATE BAR DUES 6 WHEREAS, The State Compensation Board is expected to approve 7 reimbursement in excess of the FY 2005-06 anticipated revenue. 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 1. That $49,185 in estimated revenue from the State 11 Compensation Board is hereby appropriated to the Commonwealth's 12 Attorney's FY 2005-06 Operating Budget for the purchase of 13 equipment and payment of State Bar dues. 14 2 . That estimated revenue in the FY 2005-06 Operating Budget 15 from the State Compensation Board is hereby increased by $49,185. 16 17 18 19 20 21 Requires an affirmative vote by a majority of the members of the City Council. Adopted by Virginia, on the the 9th Council day of of the May City of Virginia , 2006. Beach, APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1j.~Cl, , b ~ f 4iA- City Attorney's Offi~e CAI0021 X:\PA\GG\OrdRes\Commonwealth R-3 May 1, 2006 Atty Equip ORD - 41 - Item v'J.9. ORDINANCES/RESOLUTIONS ITEM #55189 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $80,000 from West Neck Properties, Inc. (Eagles Nest) to Capital Improvement Project (CIP) "Open Space Program Site Acquisition, " re acquiring land for open space consistent with the Outdoors Plan. 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 9, 2006 1 2 3 4 5 AN ORDINANCE TO ACCEPT AND APPROPRIATE $80,000 FROM WEST NECK PROPERTIES, INC. TO CAPITAL PROJECT #4-004, ~OPEN SPACE PROGRAM SITE ACQUISITION," FOR ACQUIRING LAND FOR OPEN SPACE CONSISTENT WITH THE OUTDOORS PLAN 6 WHEREAS, the developer of the Eagle's Nest subdivision, West 7 Neck Properties, Inc., has submitted $80,000 to the City in 8 accordance with proffers required by the approval of a conditional 9 rezoning by the City Council on March 25, 2003. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 That $80,000 is hereby accepted from West Neck Properties, 13 Inc. and appropriated to the FY 2005-06 Capital Improvement Budget, 14 Project #4-004, ~Open Space Program Site Acquisition," for 15 acquiring land for open space, with revenue from local sources 16 increased accordingly. 17 Requires an affirmative vote by a majority of the members of 18 the Ci ty Council. 19 20 Adopted by the Council of the City of Virginia Beach, 21 Virginia, on the qt-h day of ]'o'Icy , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management , b t K,Ji1M City Attorney's fflce ~~u, CAI0022 X:\PA\GG\OrdRes\Eagles R-l April 25, 2006 Nest ORD - 42- Item v'J.10. ORDINANCES/RESOLUTIONS ITEM #55190 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $31,000 from Kemp Fussell, L.L.C. (Bernard Farms) to the Capital Improvement Project (CIP), "Park Playground Renovations - Phase II," to subsidize renovations to Landstown Meadows Neighborhood Park 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 May 9, 2006 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $31,000 2 FROM KEMP FUSSELL, L.L.C. TO CAPITAL PROJECT 3 #4-024, "PARK PLAYGROUND RENOVATIONS - PHASE 4 II, II TO SUBSIDIZE RENOVATIONS TO LANDSTOWN 5 MEADOWS NEIGHBORHOOD PARK 6 WHEREAS, the developer of the Bernard Farms subdivision, Kemp 7 Fussell, L.L.C., has submitted $31,000 to the City in accordance 8 with proffers required by the approval of a conditional rezoning by 9 the City Council on May 13, 2003. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 That $31,000 is hereby accepted from Kemp Fussell, L.L.C., and 13 appropriated to the FY 2005-06 Capital Improvement Budget, Project 14 #4-024, "Park Playground Renovations - Phase II, II to subsidize 15 renovations to the Landstown Meadows Neighborhood Park, with 16 revenue from local sources increased accordingly. 17 Requires an affirmative vote by a majority of the members of 18 the Ci ty Council. 19 Adopted by the Council of the City of Virginia Beach, 20 Virginia, on the 9th day of May , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B~ Q, I:)~ Management serViC~ JaA~ !. K .J~ City Attorney's 6ffice CAI0023 X:\PA\GG\OrdRes\Landstown Meadows Park ORD R-2 April 28, 2006 - 43 - Item v'J.ll. ORDINANCES/RESOLUTIONS ITEM #55191 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to TRANSFER $4,000,000 within the FY 2005-06 School Board Operating Budget: a. $1,090,000 from Instruction to Transportation b. $2,500,000 from Instruction to Operations and Maintenance c. $ 410,000 from Administration, Attendance and Health to Operations and Maintenance Voting: 10-1 (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, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Jim Reeve Council Members Absent: None May 9, 2006 1 2 3 4 AN ORDINANCE TO APPROVE THE TRANSFER OF $4,000,000 WITHIN THE FY 2005-06 SCHOOL BOARD OPERATING BUDGET 5 WHEREAS, by resolution dated April 18, 2006, the School 6 Board has adopted a resolution recommending the transfer of 7 funds from the Instruction category to the Transportation 8 category and the Operations and Maintenance category, and from 9 the Administration, Attendance & Health category to the 10 Operations and Maintenance category to purchase needed 11 materials, services, and equipment. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA: 14 That the School Board's transfer of $4,000,000 wi thin the 15 FY 2005-06 School Board Operating Budget, consisting of 16 $1,090,000 from the Instruction category to the Transportation 17 category, $2,500,000 from the Instruction category to the 18 Operations and Maintenance category, and $410,000 from the 19 Administration, Attendance & Health category to the Operations 20 and Maintenance category, is hereby approved. 21 Adopted by the Council of the City of Virginia Beach, 22 Virginia, on this gth day of May , 2006. 23 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: nwu, 0affwf C K +iJ^ City Attorney's 0 fice CA10020 X:\PA\GG\OrdRes\School Bd Budget ORD R-l April 24, 2006 +IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE SCHOOL BOARD Daniel D. Edward, Chairman District 1 - Cenlerville 1513 Bea:hview Drive VA Beach, VA 23464 495-3551 (h) . 717-0259 (cell) Sandn SmIth.., VIce Ch.lnnln Districl2 - Kempsville 705 Rock Cteek Court VA Beach. VA 23462 490-8167 (h) Rill Sweet Bellltto At-Large P.O. Box 6<<8 VA Beach, VA 23456 418-0960 (h) J.n, S. Brook, Disbict6 - Beach 721 Hilltop Road VA Beach. VA 23.454 425-1597 (h) Emma L "Em" Davia DistrictS - Lynnhaven 1125 Michaelwood Drive VA Beach. VA 23452 34G-8911 (h) Edward F. FI..lng.... Sr. At.Large 412 Becton Place VA Beach, VA 23452 486-4567 (h) Dan R. Low. District 4 - Bayside 4617 Red Coat Road VA Beach, VA 23455 490-3681 (h) MIchHl W. Stew.rt District 3 - Rose Hall 105 Brentwood Court VA Beach. VA 23452 49a..4303 (h) . 445-4637 (w) AlthurT. Tate At-Large 1709 Ladysmllt1 Mews VA Beach, VA 23455 460-5451 (h) CIFOIyn D. W.ama At.Large 1420 Oaudia Drive VA Beach, VA 23455 464-6674 (h) Lola S. Wlllama, Ph.D. District 7 - Princess Anne 2532 Las Corrales Court VA Beach, VA 23456 816-6107 (cell) .961-3734 (w) SUPERINTENDENT SbeiI. S, IIgul., Ed.D. 2512 George Mason Drive VA Beach, VA 23456 263-1007 RESOLUTION REGARDING FY 2005/06 SPENDING PLAN AND REQUEST FOR CATEGORICAL TRANSFER WHEREAS, on April 4, 2006, the Administration presented to the School Board a mid-year review of the FY 05/06 Operating BUdget which indicated that approximately $8,484,296 million of $616,091,767 or 1.38% of the FY 05/06 appropriated funds were available; and WHEREAS, on April 4, 2006, the Administration made recommendations regarding the uses of the FY 05/06 available funds; and WHEREAS, the Administration recommends that the $8.48 million be allocated as follows: . $2,000,000 for School Plant general maintenance and repair . $1,700,000 for replacement of copiers in elementary. middle. and high schools . $1,500,000 for the Bus Replacement cycle . $1,500,000 for Distance Leaming labs in two additional middle schools . $1,200,000 for the Instructional Technology Replacement Cycle . $ 500,000 for vehicle replacement; and WHEREAS, the Board approves and affirms the recommended uses of the FY 2005/2006 Operating funds as presented by the Administration; and WHEREAS. categorical transfers are necessary to facilitate some of these purchases; and WHEREAS, any transfer of funds between categories must be approved by City Council prior to transfer and expenditure of fund by the School Board. NOW, THEREFORE, BE IT RESOLVED: That the Board approves and affirms the recommended uses and directs the Administration to proceed with expending/encumbering/transferring items that do not require a categorical transfer, and be it FURTHER RESOLVED: That the Board requests the City Council to approve categorical transfers as follows: . $1,090,000 from Instruction to Transportation . $2,500,000 from Instruction to Operations and Maintenance . $ 410,000 from Administration, Attendance & Health to Operations and Maintenance and be it FURTHER RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 18th day of April 2qp6 ~ID~d d 'E.LuJCh -- a#JJj' anle . wa~ s, airman ..' SEA L Attest: ~fOJ.w~ Dianne P. Alexander, Clerk of the Board School Administration Building · 2S 12 George Mason Drive · P.O. Box 6038 · Virginia Beach. VA 23456-0038 - 44- Item v'J.12. ORDINANCES/RESOLUTIONS ITEM #55192 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution ESTABLISHING the Green Ribbon Committee re improvement of water quality in the City's waterways 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 9, 2006 1 A RESOLUTION ESTABLISHING THE GREEN 2 RIBBON COMMITTEE AND PROVIDING FOR ITS 3 MEMBERSHIP, DUTIES AND RELATED MATTERS 4 5 6 7 WHEREAS, the City of Virginia Beach has made improving 8 water quality in the City's waterways a high priority; and 9 WHEREAS, the City of Virginia Beach supports the 10 efforts of Lynnhaven River 2007, the Elizabeth River Project, 11 the Back Bay Restoration Foundation and other community 12 organizations to improve water quality in the City's waterways; 13 and 14 WHEREAS, it is the sense of the City Council that it 15 would be beneficial to establish a committee to advise the City 16 Council on matters relating to the improvement of water quality 17 in the City's waterways; 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 19 CITY OF VIRGINIA BEACH, VIRGINIA: 20 1. That the City Council hereby establishes the 21 Virginia Beach Green Ribbon Committee (the "Committee"). 22 2 . The Committee shall serve in an advisory capacity 23 to the City Council on matters relating to the improvement of 24 water quality in the City's waterways, including means of 25 developing property and supporting infrastructure that minimize 26 the use of natural resources, reduce harmful effects on water 27 quality, and create healthier environments for people. 28 3. That the membership of the Committee shall consist 29 of such number of persons as may be appointed by the Ci ty 30 Council, and shall include, without limitation, members of the 31 City Manager I s Staff , representatives of the development and 32 real estate industries, representatives of the environmental 33 community, engineers, attorneys, landscape architects, 34 architects or other professionals familiar with the application 35 of environmental regulations to development proj ects, one (1) 36 member of the Planning Commission and two (2) members of the 37 City Council. The City Attorney's Office shall provide all 38 necessary legal assistance to the Committee. 39 4. That the term of the Committee shall be for one 40 (1) year, unless sooner terminated or extended by the City 41 Council. 42 5. That the purpose of the Committee shall be to 43 provide advice and assistance to the City Council in matters 44 relating to water quality in the City's waterways, specifically, 45 to advise the City Council on regulatory and other methods of 46 improving water quality in the City's waterways by: 47 48 49 a. Reducing the impact and extent of site impervious cover; b. Preserving and enhancing existing natural 50 resources to the maximum extent practicable; 51 c. Integrating stormwater management to maximize 52 efficiency and effectiveness of the overall 53 system; and 54 d. Utilizing such other means as are effective and 55 practicable. 56 57 Adopted by the Council of the City of Virginia Beach, 58 Virginia, on the 9th day of May , 2006. APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: ~Ch~ Ci Eorney's Office CA-10024 OID\Land Use\Ordres\greenribbonRES.doc R-3 May 2, 2006 Item V-K. PLANNING 1. ROBERT M. ROUSSEAU 2. BURTON AND NANCY C. JUDA 3. JOHN AND VICKIE CHAPPELL 4. LUCY RUTTER - 45 - ITEM # 55193 5. PROSPERITY EACH, L.L.C. and WAWA, INC. 6. 29 OCEAN, L.LC. 7. DANNY K. MARTIN 8. 1345 OCEANA, L.L. C. CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT a. Prosperity Beach L.L. C. CONDITIONAL CHANGE OF ZONING b. WAWA, Inc. CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING May 9, 2006 - 46- Item v,.K. PLANNING ITEM # 55194 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Items 1 (DEFERRED INDEFINITELY), 2 (DEFERRED), 3, 4 (ALLOWED WITHDRA WAL), 5a.b., 6, 7 (DEFERRED), 8 and 9 of the PLANNING BY CONSENT AGENDA. Items 2 and 7 were DEFERRED until the City Council Session of May 23, 2006. 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 9, 2006 - 47- Item V.K.1. PLANNING ITEM # 55195 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY, an Ordinance upon application of ROBERT M. ROUSSEAU for an Enlarf.!ement of a Nonconforminf.! Use Ordinance upon Application of Robert M. Rousseau for an Enlargement of a Nonconforming Use on property located at 403 16th Street (GPIN 24270696750000). DISTRICT 6 - BEACH. 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 May 9, 2006 - 48- Item v'.K.2. PLANNING ITEM # 55196 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of May 23, 2006, an Ordinance upon application BURTON and NANCY C. JUDAfor a Conditional Use Permit re a residential kennel: ORDINANCE UPON APPLICATION OF BURTON & NANCY C. JUDA FOR A CONDITIONAL USE PERMIT FOR A RESIDENTIAL KENNEL Ordinance upon Application of Burton & Nancy C. Juda for a Conditional Use Permit for a residential kennel on property located at 205 Coventry Road (GPIN 1467319782). DISTRICT 2 - KEMPSVILLE 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 9, 2006 - 49- Item v'.K.3. PLANNING ITEM # 55197 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of JOHN and VICKIE CHAPPELL for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF JOHN AND VICKIE CHAPPELL FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (JAMS, JELLIES, CAKES) R050634155 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of John and Vickie Chappell for a Conditional Use Permit for a home occupation Oams, jellies, cakes) on property located at 506 Princess Anne Road (GPIN 2318157292). DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. Not more than one (1) employee, other than an immediate family member, shall be working on the premises at any given time. 2. Sales to the general public of product or merchandise shall not be permitted on the property. 3. Not more than twenty percent (20%) of the total floor area of both the dwelling unit and any accessory structures shall be permitted for the purpose of producing jellies, jams and cakes associated with the Conditional Use Permit for a Home Occupation. 4. A site plan, drawn to scale and prepared by a person duly licensed in the Commonwealth of Virginia to do so, shall be submitted to the Development Services Center for review and approval prior to the issuance of any building permit for the proposed structure. Detailed building plans must also be submitted to Permits and Inspections for review. 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 Ninth of May, Two Thousand Six. May 9, 2006 - 50- Item v'K.3. PLANNING ITEM # 55197 (Continued) 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 9, 2006 - 51 - Item v'K.4. PLANNING ITEM # 55198 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of LUCY RUTTERfor a Conditional Use Permit: ORDINANCE UPON APPLICATION OF LUCY RUTTER FOR A CONDITIONAL USE PERMIT FOR AN ALTERNATIVE RESIDENTIAL DEVELOPMENT Ordinance upon Application of Lucy Rutter for a Conditional Use Permit for an alternative residential development on property located at 2165 Pungo Ferry Road (GPIN 2309510736). DISTRICT 7 - PRINCESS ANNE 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 9, 2006 - 52 - Item v'K.5. PLANNING ITEM # 55199 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Ordinances upon application of PROSPERITY BEACH, L.L.c. and WAWA, INC. for a Conditional Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF PROSPERITY BEACH, L.L.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 AGRICULTURAL DISTRICT TO CONDITIONAL B-2 Z05061249 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Prosperity Beach, L.L. C. for a Chanf!e of Zoninf! District Classification from AG-2 Agricultural District to Conditional B-2 Community Business District on property located at 1375 Oceana Boulevard and 1000-1024 Eaglewood Drive (GPINs 2415488215; 2415581209; 2415581232; 2415581120; 2415582073). DISTRICT 6 - BEACH The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. ORDINANCE UPON APPLICATION OF WAWA, INC. FOR A CONDITIONAL USE PERMIT FOR GASOLINE SALES IN CONJUNCTION WITH A CONVENIENCE STORE R050634156 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Wawa, Inc. for a Conditional Use Permit for gasoline sales in conjunction with a convenience store on property located on the southwest corner of Eaglewood Drive and Oceana Boulevard (GPINs 2415581120; 2415488215; 2415581209; 2415581232). DISTRICT 6 - BEACH The following conditions shall be required: 1. The site shall be developed substantially in accordance with the submitted conceptual site layout and landscape plan of "Oceana Crossing, Oceana Boulevard, Virginia Beach, VA ", prepared by MSA, P.c., and dated 5/31/05. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The applicant shall submit building and canopy elevations to the Current Planning Division of the City of Virginia Beach Planning Department for review and approval before the formal site plan submittal. May 9, 2006 Item v'K.5. PLANNING - 53 - ITEM # 55199 (Continued) 3. Signage for the proposed use shall be limited to that which is allowed by the City Zoning Ordinance (CZO). Striping on the canopy shall be limited to ten (J 0) feet on each side of the canopy or one-quarter of the length of each side. Sign age on the canopy shall not be internally or externally illuminated. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and/or doors, canopy or light poles. 4. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. 5. Canopy lighting shall be recessed and not spill over onto adjacent properties and rights- of-ways. 6. The dumpster areas shall be enclosed with a solid wall to match the building and landscaping in accordance with Section 245(e) of the City Zoning Ordinance. 7. No outdoor vending machines and/or display of merchandise shall be allowed. 8. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights-of-way in accordance with Section 246(d) of the City Zoning Ordinance. 9. Bicycle racks shall be provided near the entrance of the store. These Ordinances 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 Ninth of May, Two Thousand Six. 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 May 9, 2006 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6352 DATE: April 27, 2006 FROM: Leslie L. Lilley B. Kay Wilson~0 DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application; Prosperity Beach, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 9, 2006. I have reviewed the subject proffer agreement, dated October 31,2005, 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. BKW fcms Enclosure cc: Kathleen Hassen PROSPERITY BEACH, L.L.C., a Virginia limited liability company GENE E. DESTEFANO and JOSEPH C. DESTEFANO TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 31st day of October, 2005, by and between PROSPERITY BEACH, L.L.C., a Virginia limited liability company, party of the first part, Grantor; GENE E DESTEFANO and JOSEPH C. DESTEFANO, parties of the second part, Grantor, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of four (4) contiguous parcels of property located in the Beach District of the City of Virginia Beach, containing approximately 5.0 acres as more particularly described as Parcels 1, 2, 3 and 4, in Exhibit "A" attached hereto and incorporated herein by this reference. These four (4) parcels along with Parcel 5 are hereinafter referred to as the "Property"); and WHEREAS, the party of the second part is the owner of a certain parcel of . property located in the Beach District of the City of Virginia Beach, Virginia, containing approximately 0.9 acres as more particularly described as Parcel 5 in Exhibit "A" attached hereto, which parcel is hereinafter referenced with the other parcels described in Exhibit "A" as the "Property"; and WHEREAS, the party of the first part as the Owner of Parcels 1 through 4 and the contract purchaser of Parcel 5 has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-l Agricultural District to Conditional B-2 Community Business District; and PREPARED BY: GPIN: 2415-48-8215 2415-58-1209 2415-58-1232 2415-58-1120 2415-58-2073 DB SYKIS. ROURDON. ill AHillN & LM. P.c. 1 WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, 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 Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or Quid pro QUO for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, aSSIgns, grantees, and other successors in interest or title: PREPARED BY: 1. When the Property is developed, it shall be developed and landscaped ;D;JSY1(IS.1l0URDON. substantially as shown on the exhibit entitled "CONCEPTUAL SITE LAYOUT AND . AHERN & ll:VY. P.C LANDSCAPE PLAN OF OCEANA CROSSING", prepared by MSA, P.C., dated 2 05/31/05, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. When the Property is developed, the exterior of the commercial center shown on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled "Oceana Crossing For Wright Dean Development Corp., Oceana Boulevard, Virginia Beach, Virginia", prepared by Martin & Martin Architecture, Inc., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Oceana Crossing Elevations"). 3. When the Property is developed, only freestanding monument style signage may be erected on the Property, constructed with a base matching the material and predominant color of the buildings as depicted on the Oceana Crossing Elevations. All building mounted signage shall be channel letters on a raceway (i.e. no block signs) and only the lettering may be illuminated. 4. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the PREPARED BY: subsequent amendment is part of a comprehensive implementation of a new or ImSYJ([S. ROURDON. substantially revised Zoning Ordinance until specifically repealed. The conditions, DAHfRN &LM.P.C however, may be repealed, amended, or varied by written instrument recorded in 3 the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the.Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (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 and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of PREPARED BY: the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and !B sms. ROURDON. the Grantee. II AHrnN & lID, P.C 4 WITNESS the following signature and seal: Grantor: By: Craig' ean, Managing Member (SEAL) STATE OF VIRGINIA CITY OF Vn~CI~Ii\,BKA~CH, to-wit: A'N"/~ /.1:::. The foregoing instrument was acknowledged before me this 31 st day of October, 2005, by Craig Dean, Managing Member of Prosperity Beach, L.L.C., a Virginia limited liability company, Grantor. ~~/~ ,. '---.:Nf ary PublIc My Commission Expires: J\:ugust 31, 2006 ~~ca PREPARED BY: o sms. ROURDON. II AHrnN & llVY. P.C 5 WITNESS the following signature and seal: Grantor: (SEAL) ..-} /-;?:?/~>,. / ..-/ r:;:J:' ":;':-:' /'- <;:~' /.." /2.F.:>'-'-' (SEAL) ..:<'''Joseph C. DeStefano STATE OF VIRGINIA CITY OFVI~~:2CACH:, to-wit: if The fore~oing instrument was acknowledged before me this -1.d- day of !lDUP/J?1!1JJI , 2005, by Gene E.~~)'~ ot. Pu blic My Commission Expires:. 11Ji-zc0 l10 ,-'ZoO(,) STATE OF VIRGINIA CITY OF ~zJ~EACH, to-wit: :/^. The fof~going instrument was acknowledged before me ";1:<' /, 2005, by Joseph :7~d?7 ~ ',__ . tary Public My Commission Expires: /J/. _~ .-;:( / 4/)0/ / ~((2?-/f&7 ~/. b~V ~.p / ./) this ~ day of PREPARED BY: lIB SYKIS. ROURDON. n AHfRN & 1M. P.C 6 EXHIBIT "A" PARCEL 1: ALL THAT certain lot, piece, or parcel of land, situate in Seaboard Borough, of the City of Virginia Beach, Virginia, and shown on the plat entitled "Property of Cordie E. Whitehead, located near Dam Neck", made by W.B. Gallop, County Surveyor, July 25, 1956, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 42, at Page 15, and designated on said plat as "Cordie E. Whitehead" and bounded and described as follows: Beginning at a pipe in the Southwest intersection of Route 615 and a 20 foot private lane and from said point running South 29 degrees 23 minutes East 145 feet to a pin, thence South 75 degrees 10 minutes West 502.1 feet, thence North 61 degrees 00 minutes West 160 feet to a point, thence North 72 degrees 15 minutes East 581.7 feet along said private lane to the point of beginning. GPIN: 2415-58-1232 PARCEL 2: ALL THAT certain lot, piece or parcel of land, being in the Seaboard Borough of the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot A, as shown on that certain plat entitled "Property of Thomas B. Bunting, located Near Dam Neck in Princess Anne County, Virginia", Scale: 1" = 100', dated October 7, 1958, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 52, at Page 12 to which reference is hereby made for a more particular description. Less and Except that portion of the property conveyed to the City of Virginia Beach for improvement of Oceana Boulevard as recorded in Deed Book 3987, at Page 1024. GPIN: 2415-48-8215 PARCEL 3: PREPARED BY: ALL THAT certain lot, piece or parcel of land, situate in the City of Virginia Beach, Virginia, (formerly Seaboard Magisterial District of Princess Anne County) and shown on the plat entitled, "PROPERTY OF CORDIE E. WHITEHEAD, LOCATED NEAR DAM NECK", made by W.E. Gallup, County Surveyor, July 25, 1956, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 42, Page 15; and designated on said plat as "Cordie E. Whitehead 1.08 Acres", and bounded and described as follows: sa SYU:S. ROURDON. RAIlmN &LM. P.c. 7 BEGINNING at a pin in the ground 145 feet S. 29 Degrees 23' E, from the southwest intersection of Route 615 and a 20' private lane, and from said point, running S. 29 Degrees 23' E., 100 feet to a pin; thence S. 74 Degrees 12' W., 418.9 feet; thence N. 61 Degrees 00' W., 150 feet to a pin; thence N. 75 Degrees 10' E., 502.1 feet to the point of beginning. Said property is also shown on a plat entitled, "PLAT OF VICTOR J. JR. AND ELEANOR C. BELISlE", recorded in the above mentioned Clerk's Office in Map Book 185, at Page 41, as a parcel containing 46,341 square feet or 1.063 acres. GPIN: 2415-58-1120 PARCEL 4: ALL THAT certain lot, piece or parcel of land, situate in the City of Virginia Beach, Virginia, described as "20' PRIVATE LANE" on the plat entitled "PROPERTY OF CORDIE E. WHITEHEAD, LOCATED NEAR DAM NECK-IN PRINCESS ANNE CO., VA", and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 42, Page 15; and also described as "20' PRIVATE LANE" on the plat entitled "PROPERTY OF THOMAS B. BUNTING, LOCATED. NEAR DAM NECK- IN- PRINCESS ANNE CO., VA." which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia beach, Virginia, in Map Book 52, at Page 12, and bounded as follows: On the south by the property described as "Cordie E. Whitehead 1.579 Acres" as shown on the plat entitled "PROPERTY OF CORDIE E. WHITEHEAD, LOCATED NEAR DAM NECK-IN-PRINCESS ANNE CO., VA.", recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 42, at Page 15; On the north by the property described PARCEL A, 2.17 AC. as shown on the plat entitled "PROPERTY OF THOMAS B. BUNTING, LOCATED NEAR DAM NECK-IN- PRINCESS ANNE CO., VA.", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 52, at Pate 12; On the west by the street described as Flicker Way; and On the east by the street described as Oceana Boulevard. GPIN: 2415-58-1209 PREPARED BY: PARCEL 5: a~~ ~1W?~~ All that certain lot, piece or parcel of land, situate, lying and being in the Seaboard Magisterial District of the City of Virginia Beach, Virginia, bounded and described as follows: 8 PREPARED BY: lIB SYK!:S. ROURDON. D AlIrnN & lM. P.C Beginning at a station on the westem side of the Eastern Shore Public Road, miscalled Croatan Road to Princess Anne Courthouse to said 20 foot private road to an axle in the line of J. W. McClannan; thence along McC1annan's line N 620 W 150 feet; thence S 120 15' E to the Western side of said Public Road; thence northerly 100 feet to the point of beginning. GPIN: 2415-58-2073 ConditionaURezone/Prosperi~Beach/Proffer 9 - 54- Item v,.K. 6. PLANNING ITEM # 55200 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of 29 OCEAN, L.L.C.for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF 29 OCEAN, L.L.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM RT-3, A-36 AND A-12 TO CONDITIONAL RT-3 Z05061250 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of 29 Ocean, L.L.c. for a Change of Zoning District Classification from RT-3 Resort District, A-36 Apartment District and A-12 Apartment District to Conditional RT-3 Resort Tourist District with a Laskin Road Gateway Overlay on property located on the northeast corner of Arctic Avenue and 29th Street and on the south side of 29th Street, approximately 100 feet east of Arctic Avenue (GPINS 24280122750000; 24280122230000;24280112720000;2480112210000;24280114720 000;24280114200000;2480103790000;2428010308000). DISTRICT 6 - BEACH The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. 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 Ninth of May, Two Thousand Six. 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 9, 2006 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6436 DATE: April 11 ,2006 TO: FROM: Leslie L Lilley _____ .~ B. Kay WiISO~ DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; 29 Ocean~ L.L.e. The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 25, 2006. I have reviewed the subject proffer agreement, dated January 30, 2006, 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. BKW /sj Enclosure /cc: Kathleen Hassen 29 OCEAN, L.L.C., a Virginia limited liability company ATLANTIC ENTERPRISES, INC., a Virginia corporation CHERRY MOTEL, INC., a Virginia corporation MARK GOLDNER TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of January, 2006, by and between 29 OCEAN, L.L.C., a Virginia limited liability company, Grantor, party of the first part; ATLANTIC ENTERPRISES, INC., a Virginia corporation, Grantor, party of the second part; CHERRY MOTEL, INC., a Virginia corporation, Grantor, party of the third part; MARK GOLDNER, Grantor, party of the fourth part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the flith part. WITNESSETH: WHEREAS, the party of the second part is the owner of two (2) parcels of property located in the Beach District of the City of Virginia Beach, containing a total of approximately 15,000 square feet as more particularly described as Parcels 1 and 2 in Exhibit" A" attached hereto and incorporated herein by this reference, which parcels, along with the other parcels referenced herein and described In Exhibit "A" are herein referred to as the "Property"; and PREPARED BY: GPIN: 2428-01-2275 2428-01-2223 2428-01-1272 2428-01-1221 2428-01-1420 2428-01-0379 2428-01-0308 2428-01-0308 2428-01-1472 ~m SYKES. ROURDON. mill AHERN & lEVY. P-C. 1 PREPARED BY; L1fiJ SY1:IS. BOURDON. mil AlIrnN & lM. p.c WHEREAS, the party of the third part is the owner of six (6) parcels of property located in the Beach District of the City of Virginia Beach, containing a total of approximately 43,000 square feet as more particularly described as Parcels 3, 4, 5, 6,7 and 8 in Exhibit "A" attached hereto and incorporated herein by this reference, which parcels, along with the other parcels referenced herein and described in Exhibit "A" are herein referred to as the "Property"; and WHEREAS, the party of the fourth part is the owner of one (1) parcel of property located in the Beach District of the City of Virginia Beach, containing a total of approximately 7,000 square feet as more particularly described as Parcel 9 in Exhibit "A" attached hereto and incorporated herein by this reference, which parcel, along with the other parcels referenced herein and described in Exhibit" A" are herein referred to as the "Property"; and WHEREAS, the party of the first part, as contract purchaser of the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from A-36, A-12 and RT-3, Apartment and Resort Tourist Districts to Conditional RT-3 Resort Tourist District (LRG); and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors aclrnowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezonIng application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of 2 the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or 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 this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibits entitled "PROPOSED OCEANS 29 CONDOMINIUMS Architectural Site Plans", PROPOSED OCEANS 29 CONDOMINIUMS - NORTH BUILDING PLANS", and "PROPOSED OCEANS 29 CONDOMINIUMS - SOUTH BUILDING PLANS", dated 01-27-2006, prepared by Hanson & Associates, P.C., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as "Concept Plans") . 2. When the residential buildings designated Oceans 29-NORTH and SOUTH on the Concept Plan are developed, the exterior of the buildings shall be substantially similar in architectural features, details and appearance to the exhibits entitled, "OCEANS 29 RENDERING", "PROPOSED OCEANS 29 CONDOMINIUMS - ELEVATIONS SOUTH BUILDING" and "PROPOSED OCEANS 29 CONDOMINIUMS - ELEVATIONS NORTH BUILDING", dated 01-27-2006, prepared by Hanson Associates, P.C., Architects Engineers, which have been PREPARED BY: exhibited to the Virginia Beach City Council and are on file with the Virginia Beach ~m SYKES. ROURDON. milAHI:RN &LM.P.C. Department of Planning (hereinafter "29 Ocean Elevations"). 3 3. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the RT -3 and the Laskin Road Gateway Overlay (LRG) District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and execu ted by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the goveming body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors 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 PREPARED BY: of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and ~m SYKIS. BOURDON. restrictions including the authority (a) to order in writing that any iliJI4IIrnN & LM. P.c.' " noncompliance with such conditions be remedied, and (b) to bring legal action or 4 PREPARED BY: ~m S\'I([S. !JOURDON. mil AlU::RN & lIVY. P.c. suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 5 PREPARED BY: nB SYK[S. ROURDON. m AlU:RN & LM. P.c. WITNESS the following signature and seal: Grantor: 29 Ocean, L.L.C., a Virginia limited liability company By: Atlantic Enterprises, Inc., a Virginia corporation, Member By: ~~ Andrew W. Vakos, President ---' (SEAL) STATE OF VIRGINIA CI1Y OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~ day of January, 2006, by Andrew W. Vakos, President of Atlantic Enterprises, Inc., a Virginia corporation, Member of 29 Ocean, L.L.C., a Virginia limited liability company, Grantor. ~iu,1L , ,-7 . If ~ ,{J.,;;!/ 1--- Notary Public My Commission Expires: "'~ I~/ It; J/ 6 PREPARED BY: lIIB sms. ROURDON. DI AlIrnN & 1M. P.c. WITNESS the following signature and seal: Grantor: 29 Ocean, L.L.C., a Virginia limited liability company By: Cherry Motel, Inc., a Virginia corporation, Member BY:-'-Z~ ~~ Lance Goldner, President (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 31st day of January, 2006, by Lance Goldner, President of Cherry Motel, Inc., a Virginia corporation, Member of 29 Ocean, L.L.C., a Virginia limited liability company, Grantor. _A JC * -1/1 Y/lt&i~ Notary Public My Commission Expires: August 31, 2006 7 PREPARED BY: ~m SYHS. ROURDON. mil AHrnN & LM. P.C WITNESS the following signature and seal: Grantor: 29 Ocean, L.L.C., a Virginia limited liability company By: -/%~~ Mark Goldner, Member (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 31st day of January, 2006, by Mark Goldner, Member of 29 Ocean L.L.C., a Virginia limited liability company, Grantor. A =ii L If i' /' /'vIA ':' , - /'IJ ~YV7 ~ Cu1l<--e . Notary Public My Commission Expires: August 31, 2006 8 PREPARED BY: na Syn:s. ROURDON. DJl4lIillN & 1M. P_c. WITNESS the following signature and seal: Atlantic Enterprises, Inc., a Virginia corporation ~ Grantor: By: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) Andrew W. Vakos, President The foregoing instrument was acknowledged before me this 31st day of January, 2006, by Andrew W. Vakos, President of Atlantic Enterprises, Inc., a Virginia corporation, Grantor. dJi~' /f/i~/-- .Notary Public My Commission Expires: ~,;6~t 9 PREPARED BY, ~ SYJ([S. nOURDON. 51 AIIrnN & 1M. P.c. WITNESS the following signature and seal: Grantor: Cherry Motel, Inc., a Virginia corporation BY:~~ Lance Goldner, President (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 31st day of January, 2006, by Lance Goldner, President of Cherry Motel, Inc., a Virginia corporation, Grantor. __A,/;;J. .k./{ Y;1r:-/!&1kyp Notary Public My Commission Expires: August 31, 2006 10 PREPARED BY: (;JIB SYI/IS. BOURDON. _ AlIrnN &. LID. P.c. WITNESS the following signature and seal: Grantor: BY:~~~ Mark Goldner (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 31st day of January, 2006, by Mark Goldner, Grantor. ~}1<-J, /)lm~&rk-ep ./ Notary Public My Commission Expires: August 31, 2006 11 EXHIBIT "A" Parcell: All that certain lot, piece or parcel of land situate, lying and being in the Beach District of the City of Virginia Beach, Virginia, being known and designated as Lot 6, in Block 2, as depicted on the plat of Central Park, Inc., recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 8, at Page 10, reference being made to said plat for a more particular description of said property. GPIN: 2428-01-2275 Parcel 2: All that certain lot, piece or parcel of land situate, lying and being in the Beach District of the City of Virginia Beach, Virginia, being known and designated as Lot 8, in Block 2, as depicted on the plat of Central Park, Inc., recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 8, at Page 10, reference being made to said plat for a more particular description of said property. GPIN: 2428-01-2223 Parce13: All that certain lot, piece or parcel of land situate, lying and being in the Beach District of the City of Virginia Beach, Virginia, being known and designated as Lot 10 and 10' of Alley, in Block 2, as depicted on the plat of Central Park, Inc., recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 8, at Page 10, reference being made to said plat for a more particular description of said property. GPIN: 2428-01-1272 PREPARED BY: m SYKIS. ROURDON. &\11 AlIhRN & 1M. P.c. 12 Parcel 4: All that certain lot, piece or parcel of land situate, lying and being in the Beach District of the City of Virginia Beach, Virginia, being known and designated as Lot 12 and 10 of Alley, in Block 2, as depicted on the plat of Central Park, Inc., recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 8, at Page 10, reference being made to said plat for a more particular description of said property. GPIN: 2428-01-1221 Parcel 5: All that certain lot, piece or parcel of land situate, lying and being in the Beach District of the City of Virginia Beach, Virginia, being known and designated as Lot 5, in Block 3, as depicted on the plat of Central Park, Inc., recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 8, at Page 10, reference being made to said plat for a more particular description of said property . GPIN: 2428-01-1420 Parcel 6: All that certain lot, piece or parcel of land situate, lying and being in the Beach District of the City of Virginia Beach, Virginia, being known and designated as Lot 6 (49.6 Ft.), in Block 3, as depicted on the plat of Central Park, Inc., recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 8, at Page 10, reference being made to said plat for a more particular description of said property. GPIN: 2428-01-0379 Parcel 7: PREPARED BY: All that certain lot, piece or parcel of land situate, lying and being in the Beach District of the City of Virginia Beach, Virginia, being known and designated as Lot 7 and westem 4' of Lot 6, in Block 3, as depicted on the plat of Central Park, Inc., recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 8, at Page 10, reference being made to said plat for a more particular description of said property. 53.mSYlCfS. ROURDON. GPIN: 2428-01-0308 &lfII AJIfRN & llVY. P.c. 13 PREPARED BY: 1;).13 STI'lS. ROURDON. m.. AlIrnN & LM. P.c. Parcel 8: All that certain lot, piece or parcel of land situate, lying and being in the Beach District of the City of Virginia Beach, Virginia, being known and designated as Lot 8, in Block 3, as depicted on the plat of Central Park, Inc., recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 8, at Page 10, reference being made to said plat for a more particular description of said property. GPIN: 2428-01-0308 Parcel 9: All that certain lot, piece or parcel of land situate, lying and being in the Beach District of the City of Virginia Beach, Virginia, being known and designated as Lot 4, in Block 3, as depicted on the plat of Central Park, Inc., recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 8, at Page 10, reference being made to said plat for a more particular description of said property. GPIN: 2428-01-1472 ConditionalRezone /290cean/ProfferS Rev.l/31/06 14 - 55 - Item v.x. 7. PLANNING ITEM # 55201 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of May 23, 2006, an Ordinance upon application of DANNY X. MARTIN for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF DANNY K. MARTIN FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D TO CONDITIONAL 1-1 Ordinance upon Application of Danny K. Martin for a ChanJ!e of ZoninJ! District Classification from R-5D Residential Duplex District to Conditional 1-1 Light Industrial District on property located at 5840 Burton Station Road (GPIN 1458894322). DISTRICT 4 - BAYSIDE 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 9, 2006 - 56- Item v.K. 8. PLANNING ITEM # 55202 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of 1345 OCEAN A, L.L. C. for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF 1345 OCEAN A, L.L.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO CONDITIONAL B-2 Z05061251 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of 1345 Oceana, L.L. C. for a Chanf!e of Zoninf! District Classification from AG-2 Agricultural District to Conditional B-2 Community Business District on property located at 1345 and 1335 Oceana Boulevard (GPINs 2415486663; 2415488740; 2415486774). DISTRICT 6 - BEACH The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. 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 Ninth of May, Two Thousand Six. 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. Oberndoif, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 9, 2006 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6354 DATE: April 27, 2006 TO: FROM: Leslie L. Lilley B. Kay Wilson~ DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; 1345 Ocean a L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 9, 2006. I have reviewed the subject proffer agreement, dated November 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. BKW tcms Enclosure cc: Kathleen Hassen 1345 OCEANA, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 1st day of November, 2005, by and between 1345 OCEANA, L.L.C., a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of three (3) parcels of property located ill the Beach District of the City of Virginia Beach, containing a total of approximately 94,446 square feet as described in Exhibit "A" which is attached hereto and incorporated herein by this reference. The parcels are hereinafter collectively referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the Zoning Classification of the Property from AG-1 Agricultural District to Conditional B-2 Commercial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and PREPARED BY: GPIN: 2415-48-6663 2415-48-8740 2415-48-6774 iii SYK~S. ROURDON. D AlIrnN & UVY. P.C PREPARED BY: WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, 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 Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its goveming body and without any element of compulsion or quid pro qUO for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govem the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, aSSIgns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled "OCEANA NORTH BY 1345 OCEANA LLC", prepared by Martin & Martin Architecture, Inc., dated Nov. 1, 2005, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). ~ Sms. ROURDON. iii AlIrnN & UVY. P.c. 2 2. When the Property is developed, the exterior of the commercial center shown on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled "Oceana North For Wright Dean Development Corp., Oceana Boulevard, Virginia Beach, Virginia", prepared by Martin & Martin Architecture, Inc., which have been exhibited to the Virginia Beach City Council and are on fIle with the Virginia Beach Department of Planning (hereinafter "Oceana North Elevations"). 3. When the Property is developed, only freestanding monument style signage may be erected on the Property, constructed with a base matching the material and predominant color of the buildings as depicted on the Oceana North Elevations. All building mounted signage shall be channel letters on a raceway (i.e. no block signs) and only the lettering may be illuminated. 4. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, PREPARED BY: however, may be repealed, amended, or varied by written instrument recorded in m SYK'[S. ROURDON. the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and o AHrnN & LM. P.c. executed by the record owner of the Property at the time of recordation of such 3 instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the goveming body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: ( 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 and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY: U SYKIS. ROURDON. D AlI~RN & UVY. P.c 4 WITNESS the following signature and seal: Grantor: (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 1 st day of November, 2005, by Craig Dean, Managing Member of 1345 Oceana, L.L.C., a Virginia limited liability company, Grantor. _d'Y<~ /jI fr7G~f4 Notary Public My Commission Expires: August 31, 2006 PREPARED BY: m sms. ROURDON. n AHfRN & liVY. P.c. 5 EXHIBIT "A" PARCEL 1: ALL THAT certain lot, piece or parcel of land, situate in the City of Virginia Beach (formerly Seaboard Magisterial District, Princess Anne County), Virginia, and shown and designated as "Arthur C. Smith" on plat of "Property of W. L. Miller and Pearl Miller, Located near Dam Neck, Princess Anne County, Va.", which pat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia, in Map Book 27, at Page 67, and being more particularly bounded and described as follows: BEGINNING at a point on the westem line of the Court House Road to Oceana which point is located five hundred twenty-six (526) feet in a northerly direction from the intersection of said Court House Road and Etheridge Road; thence running South 72 degrees 40' west 445.5 feet to a point; thence running North 31 degrees 12' west 106 feet to a point; thence running North 72 degrees 40' east 445.5 feet to a point in the said westerly line of Court House Road; thence in a southerly direction along said westerly line of Court House Road a distance of 106 feet to the point of beginning. SAVE, LESS AND EXCEPT that portion of the said property which was conveyed to the City of Virginia BeaGh, by instrument dated 6/24/99 and recorded 11/10/99 in Deed Book 4167, at Page 1818 and as shown on that certain plat of survey recorded in Map Book 277, at Page 90. GPIN: 2415-48-6774 PARCEL 2: ALL THAT CERTAIN tract, piece, or parcel of land situated and being in the Borough of Princess Anne, City of Virginia - Beach, Virginia, being bound and described as follows: BEGINNING at a pipe, which is the southwest comer of the property conveyed by W. C. Miller and Pearl Miller, husband and wife, to Salvador Medina and Margaret A. Medina, by deed dated the 6th day of April, 1973, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia; thence S 72 degrees 40' W 242.8 feet to a point; thence N 31 degrees 12' W 106 feet to a pin; thence N 72 degrees 40' E 242.8 feet to a point; thence S 31 degrees 12' E 106.06 feet to the point of beginning. PREPARED BY, GPIN: 2415-48-6663 ID SYK~S. ROURDON. n AHmN & ll:VY. P.C 6 PREPARED BY: lIB SWIS. ROURDON. ill AIIrnN & U:vv. P.C PARCEL 3: All that certain tract, piece or parcel of land lying, situate and being in the Borough of Princess Anne, City of Virginia Beach, (formerly Princess Anne County), Virginia, and bounded and described as follows: Beginning at a pin on the West side of Oceana Boulevard, which pin is 548 feet more or less from Prosperity Road; thence South 72 degrees 40' West 202.7 feet to a pipe; thence North 31 degrees 12' West 106.06 feet to a point; thence North 72 degrees 40' East along the central line of a ditch 202.70 feet, more or less, to a pin in the Westem line of said Oceana Boulevard; thence along the Westem line of said Oceana Boulevard South 31 degrees 12' East 106 feet to the point of beginning. Less and except that certain portion of property conveyed to the City of Virginia Beach as recorded in Deed Book 4174, at Page 2265 and as shown in Map Book 274, at Page 91. GPIN: 2415-48-8740 ConditionalRezone / 13450ceana/ Proffer 7 - 57 - Item v,x. 9. PLANNING ITEM # 55203 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of the CITY OF VIRGINIA BEACHfor a Change of Zoning: ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-20 TO P-1 PRESERVATION DISTRICT Z05061252 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 R-20 Residential District to P-1 Preservation District on property located at the northeast extremity of Shell Road (GPINs 1469526433; -5486; -7421; -6306; -4486; -5130; - 3280; -4277; -9638; -6682; -6774; -6700; -7592; -8438; -8456; -9684; - 7035; 1469627111; 1469513556). DISTRICT 4 - BAYSIDE. 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 9, 2006 Item V-M.l. - 58 - APPOINTMENTS ITEM # 55204 BY CONSENSUS, City Council RESCHEDULED: GREEN RIBBON COMMITTEE INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA MEAL TAX TASK FORCE MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE PARKS AND RECREATION COMMISSION SPORTS AUTHORITY OF HAMPTON ROADS May 9, 2006 - 59 - Item V-M.2. APPOINTMENTS ITEM # 55205 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Thomas R. Pritchard Whit G. Sessoms, III S. Brady Viccellio Rodney Allen Voelker 3-year term 07/01/2006 - 06/30/2009 BEACHES and WATERWAYS COMMISSION Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve May 9, 2006 - 60- Item V-M.2. APPOINTMENTS ITEM # 55206 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Stanley Waranch 3 year term 07/01/2006 - 06/30/2009 EASTERN VIRGINIA MEDICAL SCHOOL Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve May 9, 2006 - 61 - Item V-M.3. APPOINTMENTS ITEM # 55207 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: APPOINTED: John Hicks 3 year term 05/01/2006 - 03/31/2009 REAPPOINTED: Alicia C. B. Fernandez Ethelyn Register Fay B. Silverman 3 year term 04/01/2006 - 03/31/2009 HUMAN RIGHTS COMMISSION Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve May 9, 2006 - 62- Item V-M.4. APPOINTMENTS ITEM # 55208 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: James M. Arnhold Scott Ayers JuneBa"ett-McDank~ Alaura Guion 3 year term 07/01/2006 - 06/30/2009 SHORE DRIVE ADVISORY COMMITTEE Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve May 9, 2006 - 63- Item V-M.5. APPOINTMENTS ITEM # 55209 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: William R. "Bill" DeSteph Unexpired term thru 12/31/2008 SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve May 9, 2006 - 64- Item V-N.J. NEW BUSINESS ITEM # 55210 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council RESCHEDULED the July 4th (Legal Holiday) City Council Meeting to July 18 and CANCELED the Sessions for August 1,2006. City Council will meet July 11 and 18, 2006, with vacation July 19 - August 6, 2006. The OPEN DIALOGUE Session shall be held on July 11, 2006. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoif, 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 May 9, 2006 - 65 - Item V-Po ADJOURNMENT ITEM # 55211 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:53 P.M. ~-~--~~~- Beverly 0. Hooks, CMC Chief Deputy City Clerk f2--'-0~ ~ith,MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia After ADJOURNMENT, Public Comments relative Non Agenda Items were heard and adjourned 7:55 P.M. May 9, 2006 - 66- OPEN DIALOGUE Non Agenda Items Kenneth Pravetz, President - Virginia Beach Professional Firefighters, 4305 Shrew Trail, Phone: 416-1120, expressed appreciation to the City Council refunding of the Public Safety Compression and Pay Plan. May 9, 2006