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September 25, 2007 Minutes CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. DeSTEPH, At-Large HARRY E. D/EZEL, Kempsville - District 2 ROBERT M. DYER" Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN E. UHRIN, Beach - District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 25 SEPTEMBER 2007 1. CITY MANAGER'S BRIEFING - Conference Room - 1 :30 PM A. THALIA CREEK GREENWAY MASTER PLAN Barry Frankenfield - Design and Development Administrator, Parks and Recreation II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION - Conference Room - 2:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Albert Butzer First Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS September 11, 2007 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. INSTALLMENT PURCHASE AGREEMENT for acquisition of Agricultural Land Preservation (ARP) Easement - 2508 West Landing Road 1. CONSENT AGENDA J. RESOLUTION/ORDINANCES 1. Resolution re the proposed issuance of Tax-Exempt Revenue Bonds by the Southeastern Public Service Authority Of Virginia (SPSA) in the maximum amount of $31 ,500,000 to finance or refinance current facilities. 2. Ordinance to AUTHORIZE the City Manager to EXECUTE an Installment Purchase Agreement with Sharon Leeper Golesh re an Agricultural Land Preservation Easement (ARP) at 2508 West Landing Road. 3. Ordinance to ESTABLISH the retirement allowance for sworn law-enforcement officers, deputy sheriffs, full-time salaried fire fighters and full-time salaried emergency medical technicians (EMT) at 1.85 percent of their average final compensation and DIRECT the City Manager to identify a funding source no later than October 2,2007 4. Ordinance to ACCEPT and APPROPRIATE funds in the amount of$178,916 from the United States Department of Justice's Edward Byrne Memorial Justice Assistance Grant re public safety support and criminal processing $34,212 Circuit Court - multi-media evidence display system $11,000 Commonwealth Attorney's office - electronic document storage and retrieval $28,594 Community Corrections and Pretrial- drug testing system $55,260 Police Department - fingerprinting/integrated booking system $10,440 Police Department - electronic video microscope $ 7,410 Sheriff s Department - Courthouse public information system $32,000 Sheriff-s Department - online training and education classroom 5. Ordinances to ACCEPT, APPROPRIATE and TRANSFER to the Police Department within the FY2007-08 operating budget: a. $170,000 from the DEA Seized Property Special Revenue Fund and TRANSFER $150,000 from the General Fund Reserve for Contingencies CIP project re Police Helicopter Replacement and Hanger Expansion b. $70,000 from DMV to the FY 2007-08 operating budget re funding for lectures demonstrating the consequences of driving under the influence (DUI). The Police Department will provide $14,000 as matching funds c. $37,000 from DMV to the FY 2007-08 operating budget re funding to address seat belt usage and enforcement. The Police Department will provide $7,400 as matching funds K. PLANNING COMMISSION 1. Applications of SYLVIA J. ESTES at 1628 Mill Landing Road: DISTRICT 7 - PRINCESS ANNE a. Variance to S5B of the Site Plan Ordinance, Floodplain Regulations b. Conditional Use Permit re an alternative residential development STAFF RECOMMENDATION PLANNING COMMISSION RECOMMENDATION APPROV AL DENIAL 2. Application of LOT 26, L.L.c. for a Conditional Use Permit re automobile repair garage at 491-99 London Bridge Road. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 3. Application of J. D. VALLEY, L.L.C. for a Conditional Use Permit re motor vehicle sales and rental at 6119 Indian River Road DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL 4. Application ofKRAMBIAS PROPERTIES, L.L.c. for a Conditional Use Permit re motor vehicle rentals at 5232 Virginia Beach Boulevard. DISTRICT 4 - BA YSIDE RECOMMENDATION APPROVAL 5. Application of G. A. DOWNS & SONS, INC. for a Conditional Use Permit re automotive repair at 507 North Witchduck Road. DISTRICT 4 - BA YSIDE RECOMMENDATION APPROV AL 6. Ordinance AMENDING 99111,203,211,230,401,403,501,601,801,901, 1001, 1125, 1511, 1521 and 1531 of the City Zoning Ordinance (CZO) and combining lodges, community centers, private or athletic clubs, auditoriums, arenas, civic or cultural centers, social centers, eleemosynary establishments, assembly halls, union halls, and bingo halls as assembly uses and combining churches, monasteries, and convents as religious uses and making both uses conditional in the zoning districts where they are allowed. RECOMMENDATION APPROVAL L. APPOINTMENTS HISTORICAL REVIEW BOARD MINORITY BUSINESS COUNCIL M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT CITYWIDE TOWN MEETINGS October 16,2007 Virginia Beach Convention Center - 7:15 pm FY 2008-2010 Budget Location to be Announced -7:15 pm SwrmwarerPwnsandFunmng January 15, 2008 ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ********** Agenda 9/25/07/gw .~~~ - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 25, 2007 Mayor Oberndorf called to order the CITY MANAGER'S BRIFING re Thalia Creek Greenway Master Plan in the City Council Conference Room, City Hall, on Tuesday, September 25,2007, at 1:30 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood . Council Members Absent: Ron A. Villanueva [Entered: 2:45 P.M September 25, 2007 - 2- CITY MANA GER 'S BRIEFING THALIA CREEK MASTER PLAN 1:30 P.M. ITEM # 56843 Barry Frankenfield -Design and Development Administrator - Parks and Recreation, has been working with a consultant to develop additional detail plans for a Greenway along Thalia Creek. This plan is a direct result of an analysis with input from numerous stakeholders and citizens. Mr. Frankenfield advised Cindy Curtis, Director - Parks and Recreation, was attending a Conference in Illinois. Mr. Frankenfield distributed the Thalia Creek Plan. Relative the preparation of this plan, Mr. Frankefield recognized and expressed appreciation to Barbara Duke, Bikeway and Trail Planner - Parks and Recreation, Carol Rizzio, CLA, AICP, and Bill Spivey, CLA - Land Studio pc. Thalia Creek adjoins much of the designated Virginia Beach Central Business District (CBD). The initial concept for a Greenway along Thalia Creek was identified in the 1991 Central Business District Master Plan completed by EDWA. The Plan established the framework necessary for the development of the area as a center of economic, social, cultural, residential, recreational and public activity. In recent years the Central Business District has experienced explosive growth and development. Its growing popularity for both commercial, as well as residential uses, is bringing the need for the development of a coordinated system of trails and open spaces to the forefront. 1973 - Central Business District Zoning Classification established 1987 - Central Business District Association (CBDA) officially incorporated 1991- Town Center Master Plan developedfor the Environmental ParklGreenspace area around Town Center. 2002 - Conceptual Greenway Plan developed by the City of Virginia Beach Parks and Recreation. Department in co-ordination with the support of the Central Business District. Mr. Frankenfield advised the Staff will coordinate with the Planning Department for this Greenway's plan integration into the Comprehensive Plan next Spring. The staff will present a preliminary design Capital Improvement Program to City Council at a later date.. Carol Rizzio was the, lead principal designer and also former 5-year employee of Parks and Recreation.D Project Goals Open dialogue and build consensus Provide for a network of trails and open space Linkage of Town Center and Mount Trashmore Preserve and protect the Thalia Creek corridor Provide tools for development coordination September 25, 2007 - 3 - CITY MANA GER 'S BRIEFING THALIA CREEK MASTER PLAN ITEM # 56843 (Continued) Stakeholder and Citizen Involvement Individual PresentationslDiscussions Central Business District Association Virginia Beach Chesapeake Bay Board Town Center Advisory Board City School Officials Lynnhaven Task Force Virginia Department of Transportation (VDOT) Army Corps e of Engineers Area Developers Area Civic Associations: Columbus Station Columbus Station East Larkspur Pembroke Manor Princess Anne Plaza Thalia Mr. Frankefield advisedfifty-eight (58) citizens attended a Public Open House. Forty-three (43) surveys were completed. Sixty-seven (67%) percent stated they would use the Greenway frequently. Mount Trashmore, Town Center and the YMCA are listed as the most popular connections. By changing the scope of the project and eliminating the Greenway trail system north of Virginia Beach Boulevard satisfied concerns. The Greenway network is made up of two (2) components, primary Greenway corridor with a more natural trail section and secondary urban trail components. The primary greenway corridor lies along the creek corridor and forms the major spine of the network. The secondary urban trail components are utilized to link surrounding land uses into the primary Greenway corridor and to bring some of its qualities out into the surrounding urban context. Site Context Located in the northern portion of the City of Virginia Beach Tributary to the Western Branch of the Lynnhaven River Sixty-five percent (65%) of this City's residents live within a five (5-) mile radius. Seventy percent (70%) of Virginians recreate within fifteen (15) minutes of their home Walkingfor pleasure ranked Number One activity by sixty-seven (67%) of Virginians Area currently has twenty-five (25%) percent of the recommended open space Mount Trashmore makes up over 'half of the existing open space. Mount Trashmore has over 750,000 visitors a year. Mount Trashmore is one of the top ten most visited parks in the country, as well as the major "green" destination within the Town Center area September 25, 2007 - 4 - CITY MANAGER'S BRIEFING THALIA CREEK MASTER PLAN ITEM # 56843 (Continued) Mr. Frankenfield displayed a series of photographs depicting the site. The land use is composed of residential and commercial areas, railroad corridor (Southern Boulevard) right-of-way, Town Center and vacant land (over forty (40) acres of natural area). Circulation Major Roadways Minor Roadways Pedestrian Circulation Intersections Rail Road right-of-way Transit Route Natural Resources Forty (40)+/- acres of wetlands Wildlife Creek Corridor Vegetation Chesapeake Bay Resource Protection Area Land Formations and Drainage Slopes Natural Bank Section Patterns Urban Grid System Creek pattern Storm Water Drainage Linkages are a major concern as Mount Trashmore and Town Center are a "destination". Re linckage, concerning 1-264, there may be some potential to go under. Dialogue would continue with the Virginia Department of Transportation re this issue. However, best connections might be Independence Boulevard and Bonney Road, after assuring a safe crossing. Phase 1 Preliminary Cost Estimate Land Acquisition Crushed Stone/Asphalt Portions - 5,100 linear feet Boardwalk Trail Portions - 2,150 linear feet Six (6) foot bridges Pocket Park/Trail Head Improvements Road Crossing Improvements - Virginia Beach Boulevard and Bonney 1-264 Crossing $ 500,000 255,000 903,000 120,000 150,000 TOTAL 50,000 5,000,000 $ 6,978,000 September 25, 2007 - 5 - CITY MANA GER 'S BRIEFING THALIA CREEK MASTER PLAN ITEM # 56843 A variety of funding and development alternatives are available for implementation of the Greenway network: coordination with current or planned Capital Improvement Projects, Specialized Capital Improvement Projects, specialized Capital Improvement Project Funding, Developer Dedication and lor Implementation, Special Tax Increment Financing District and Grants. Mr. Frankenfield believed this Plan would be developed through working with developers and other projects to obtain this infrastructure. September 25,2007 - 6 - C IT Y MANA G E R 'S B R IE FIN G Multi-Year Agreement - Restrictive Easements (United States Navy and City of Virginia Beach) 2:13 P.M. ITEM # 56844 The City Manager advised City Council adopted a program on December 20, 2005, to acquire property in the Inter-Facility Traffic Area (the ITA) (the area between NAS Oceana Master Jet Base and Naval Auxiliary Landing Field Fentress). Final documents from the Navy regarding the Navy's purchase of restrictive easements within the Interfaculty Traffic Area (ITA) from the City were received today. The City Manager introduced Becky Kubin, Associate Citv Attornev. to discuss the proposed Ordinance. Ordinance AUTHORIZING the City Manager to execute a Multi-Year Agreement by and between the United States of America and the City of Virginia Beach to prevent encroachment and incompatible development in the inter-facility traffic area (ITA) and AUTHORIZING the City Manager to convey restrictive easements to the Navy in accordance with the Multi- Year Agreement. Deputy City Attorney Becky Kubin advised the ITA Acquisition Program was funded with $3.7-MILLION and the City has acquired property (approximately 105 acres) totaling approximately $3.5-MILLlON There are additional willing sellers in the ITA, but there are no longer sufficient funds to purchase additional properties. The Navy has applied for, and received, authorization for Encroachment Partnering funds from the Department of the Navy in order in order the City's efforts to acquire additional land in the ITA ($3-MILLION). If City Council authorizes this Multi-year agreement, then the Navy will make available (a) $3-MILLION in funding; and (b) the Federally owned Marshview land near Owl's Creek for an exchange, toward the purchase of restrictive easements from the City on land the City has acquired in the ITA. After the City acquires land in the ITA, then it may sell a restrictive easement to the Navy for the amount of either 50% of the City's cost to purchase the land in fee dimple or the value of the easement as appraised, whichever is less. This Ordinance will also authorize the City Manager to execute documents conveying restrictive easements to the Navy land the City acquires in the ITA in accordance with the terms of the Multi-Year Agreement. Becky referenced EXHIBIT A: Table I - Air Installations Compatible Land Use in Noise Zones. Any use indicated by a "Y" in the corresponding noise zone tables would be allowable. Said information is hereby made a part of the record. Information shall be provided relative the decibel level of the Marshview Property This item will be ADDED TO THE FORMAL AGENDA of the City Council Session, September 25, 2007. September 25,2007 - 7 - CITY COUNCIL COMMENTS ITEM # 56845 Mayor Oberndorf referenced the visit from Mayor Sam Jones - Mobile, Alabama, and his delegation on September 24, 2007. The delegation visited the Advanced Technology Center (A TC). The presentation received was both fascinating and informative. The ATC is the result of a public partnership among the City, State and Tidewater Community College. Mayor Oberndorf expressed appreciation to David Hansen, Chief of Finance and Technology, and his staff. Representatives from major industry, such as Stihl, were also present to discuss the Worliforce Development and Training. ITEM # 56846 Council Lady Wilson distributed a graph from the Real Estate Information Network, Inc. comparing Detached/Attached: Condo Settled - Year to-date Sales from January 2006 to July 2006 and from January 2007 to July 2007. This chart depicts sales from Virginia Beach compared to sister cites across the region. Said information is hereby made a prt of the record. The extreme right column depicts the percentage of change in sales price in this same time frame (increased 6. 77% in Virginia Beach). ITEM # 56847 Council Lady Henley referenced the change in need among cell phone providers for more tower space, as well as additional towers. There are three (3) applications pending re cell phone towers to be located in Princess Anne District. Council Lady Henley requested a Briefing by staff concerning these changes and requested an overall "grid" of the providers be submitted, to avoid a "piece meal" approval. A policy had been established re preference to co-locate these cell providers. Council Lady Henley wished specifics concerning this co-location to make sure the providers adhere to same. A policy was previously established in an attempt to local cell providers on existing tall structures. ITEM # 56848 Councilman DeSteph referenced his previous City Council discussion on September 4, 2007, re the Ordinance ADOPTED by City Council on August 28, 2007, re VETSHOUSE: Ordinance AUTHORIZING the City Manager to execute a Lease for five (5) years or less to VETSHOUSE, INCORPORATED for homeless veterans at 200 N. Oceana Boulevard. Councilman DeSteph advised this home was acquired as a result of BRAe. Before being occupied, Andy Friedman's Department of Housing and Neighborhood Preservation arranged for painting the inside of the house (Friday, September 7, 2007). Jeff Murphy, of Production Painting, donated the paint and supplies. Mike Standing - Waterman's, donated the food for all the Volunteers. This was City's "Day of Caring" and many employees become "Volunteers". September 25, 2007 - 8 - CITY COUNCIL COMENTS ITEM # 56849 Councilman DeSteph referenced Flow Control. A Briefing will be provided by City Staff during the next two months. The staff did a tremendous job compiling the true impact. This is really a transfer of costs to businesses, restaurants, schools, retirement homes, condominiums and apartment dwellers. Based on figures from the Southeastern Public Service Authority (SPSA)the cost was $164-MILLION over 11 years, or $14.9-MILLION a year. Another estimate was $47-MILLION a year transfer of cost from the Southeastern Public Service Authority (SPSA) to the private haulers, which will in effect raise the fees of renters, condos, school buildings. There are four (4) private haulers in the City. Basically, the fee will increase approximately $28.00 a ton to $108.48 a ton (just about four (4) times the cost of hauling by SPSA). ITEM # 56850 Councilman DeSteph advised he is still in the process of compiling information for an Ordinance re a Media and Communications individual who would report directly to City Council. ITEM # 56851 Councilman DeSteph distributed a salary matrix of twenty-one (21) individuals in the City's Media and Communications department, comprising a total $1,488,000 and consisting of an average salary of approximately $57,244 September 25, 2007 - 9 - AGENDA RE VIE W SESSION 2:38 P.M. ITEM # 56852 J.1. Resolution re the proposed issuance of Tax-Exempt Revenue Bonds by the Southeastern Public Service Authority Of Virginia (SPSA) in the maximum amount of $31,500,000 tofinance or refinance currentfacilities. The Southeastern Public Service Authority of Virginia (SPSA) is planning certain capital improvements, some of which are located in the City of Virginia Beach SPSA intends to finance a portion of the capital costs in the amount of $31,500,000, with the issuance of its Revenue Bonds. State law requires that SPSA receive approval for the financing from each of the governing bodies which are members in the localities in which the improvements to be financed are located Councilman DeSteph recommended against the approval of this Resolution as basically the City, as a member community, would be actually concurring or backing this debt. Councilman DeSteph advised he is an Alternate Member of the SPSA Board; therefore, his vote does not count during their deliberations. The tax exempt bonds are tied to ajloating rate, so they will not be a steadfast 5.6%. Councilman Wood inquired re the expiration of the debt. David Hansen, Chief of Finance and Technology, referenced correspondence of August 27, 2007 from John S. Hadfield - Executive Director - Southeastern Public Service Authority to the City Manager. "SPSA intends to extend the term of that borrowing up to four (4) additional years in compliance with its financial polices. " Since the $21-MILLION loan occurred in 2006 for three (3) years, four (4) additional years of debt will be incurred which will extend the date to 2013. Mr. Hansen referenced the Memorandum from Bond Counsel to the Southeastern Public Service Authority, dated August 22, 2007, which is hereby made a part of the record These bonds are restructured with Wachovia Bank. Virginia Beach's membership with SPSA expires in 2018. The City Manager advised the reason for the Approval Recommendation is in order to issue tax exempt debt, SPSA must have concurrence of their member communities. SPSA indicates a savings of $720,000 in this effort for SPSA to realize lower costs. Councilman Wood quoted a section from Mr. Hadfield's correspondence: "Absent your governing body's approval, SPSA will be forced to issue taxable debt for the improvements to be located in your community." Councilman Wood concurred with Councilman DeSteph. Council Lady Wilson inquired if the City Council could approve the issuance by the Authority of the Tax- Exempt Bonds in the amount of the existing $2J.3-MILLION This item shall be discussed during the Formal Session. The City Manager shall have a representative from SPSA present during the Formal Session to respond to City Council questions. September 25, 2007 - 10 - AGENDA RE VIE W SESSION ITEM # 56853 J.3. Ordinance to ESTABLISH the retirement allowance for sworn law-enforcement officers, deputy sheriffs, full-time salaried fire fighters and full-time salaried emergency medical technicians (EMT) at 1.85 percent of their average final compensation and DIRECT the City Manager to identify a funding source no later than October 2, 2007 Councilman Uhrin suggested the City Council consider paying the increase for the first fiscal year, beginning July 2008; and, beginning in FY 2009, the salary related to the Public Safety positions will be reduced to fully offset the annual incremental cost of the increased retirement benefit. The retirement allowance shall be established at 1.85 percent re Public Safety effective January 1,2008, thefundingfor the 6-month gap, shall be derived from the General Fund regular reserve account, leaving a balance of about $160,000. These funds should be replenished within the next budget cycle. An addendum to the Ordinance reflecting the funding should be prepared for City Council's consideration. Councilman Uhrin is not in support of converting one current City paid Holiday to be designated as a personal flexible Holiday for the Public Safety employees. The Holiday overtime does assist in terms of morale, retention or recruitment. Councilman Wood referenced the funding of the seven (7) vacant positions indicated as being vacant for two (2) years should also be transferred to Public Safety and be included within this funding Ordinance. Council Lady Henley concurred with Councilman Uhrin re the Holiday change. This would not enhance recruitment. Eliminating the seven (7) vacant positions and reducing travel and training budgets are good suggestions, which might be considered infilling the funding gap of$ll-MILLION. The City Manger also referenced the Sheriff's suggestion that effective April 2008, the City should terminate the lease agreement on the Sheriff's Minimum Security Worliforce building and reduce lease payments in Management Services by $248,000. The City Manager advised the Market Survey was not implemented this year. Councilman Diezel advised the City Council's policy of "having the best paid employees in the Region" is a verbal tradition which has existed since the 1970 's. Councilman Dyer referenced correspondence from Chairman Linwood 0. Branch - Blue Ribbon Tax, Fee and Spending Task Force respectfully recommending the City Council delay any decision to increase the retirement multiplier for Public Safety employees until the Blue Ribbon Task Force has presented its report. Said correspondence is hereby made a part of the record Council Lady Wilson advised the intent is not to reduce the salaries. An Ordinance relative the funding sources shall be prepared and ready for the Formal Session. September 25, 2007 - 11 - AGE N DA REV IE W S E S S ION ITEM # 56854 BYCONSENSUS, thefollowing items shall compose the CONSENT AGENDA: J. RESOLUTION/ORDINANCES 2. Ordinance to A UTHORIZE the City Manager to EXECUTE an Installment Purchase Agreement with Sharon Leeper Golesh re an Agricultural Land Preservation Easement (ARP) at 2508 West Landing Road. 4. Ordinance to ACCEPT and APPROPRIATEfunds in the amount of$178,916from the United States Department of Justice's Edward Byrne Memorial Justice Assistance Grant re public safety support and criminal processing $34,212 Circuit Court - multi-media evidence display system $11,000 Commonwealth Attorney's office - electronic document storage and retrieval $28,594 Community Corrections and Pretrial- drug testing system $55,260 Police Department - fingerprinting/integrated booking system $10,440 Police Department- electronic video microscope $ 7,410 Sheriff's Department - Courthouse public information system $32,000 Sheriff-s Department - online training and education classroom 5. Ordinances to ACCEPT, APPROPRIATE and TRANSFER to the Police Department within the FY2007-08 operating budget: a. $170,000 from the DEA Seized Property Special Revenue Fund and TRANSFER $150,000 from the General Fund Reserve for Contingencies CIP project re Police Helicopter Replacement and Hanger Expansion b. $70,000 from DMV to the FY 2007-08 operating budget re fundingfor lectures demonstrating the consequences of driving under the influence (DUI). The Police Department will provide $14,000 as matchingfunds c. $37,000 from DMV to the FY 2007-08 operating budget re funding to address seat belt usage and enforcement. The Police Department will provide $7,400 as matching funds Council Lady McClanan shall vote a VERBAL NAY on Item 2 (Golesh) Councilman DeSteph shall ABSTAIN on Item 2 (Golesh) as he owns land in the area of this application, as well as he has an option on land nearby. September 25, 2007 - 12 - AGENDA RE VIE W SESSION ITEM # 56855 BY CONSENSUS, thefollowing shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING 1. Applications of SYLVIA J. ESTES at 1628 Mill Landing Road: DISTRICT 7 - PRINCESS ANNE a. Variance to 95B of the Site Plan Ordinance, Floodplain Regulations b. Conditional Use Permit re an alternative residential development 2. Application of LOT 26, L.L.C.for a Conditional Use Permit re automobile repair garage at 491-99 London Bridge Road. DISTRICT 6 - BEACH 3. Application of J. D. VALLEY, L.L.C.for a Conditional Use Permit re motor vehicle sales and rental at 6119 Indian River Road DISTRICT 1 - CENTERVILLE 4. Application ofKRAMBIAS PROPERTIES, L.L.C.for a Conditional Use Permit re motor vehicle rentals at 5232 Virginia Beach Boulevard. DISTRICT 4 - BAYSIDE 5. Application ofG. A. DOWNS & SONS, INC.for a Conditional Use Permit re automotive repair at 507 North Witchduck Road. DISTRICT 4 - BAYSIDE 6. Ordinance AMENDING 99111,203,211,230,401,403,501,601,801,901, 1001, 1125,1511,1521 and 1531 of the City Zoning Ordinance (CZO) and combining lodges, community centers, private or athletic clubs, auditoriums, arenas, civic or cultural centers, social centers, eleemosynary establishments, assembly halls, union halls, and bingo halls as assembly uses and combining churches, monasteries, and convents as religious uses and making both uses conditional in the zoning districts where they are allowed. Item K.1. (SYLVIA J. ESTES) ALLOWED WITHDRAWAL, BYCONSENT Item K.3. (J.D. VALLEY, L.L.C.) DEFERRED, BY CONSENT, until the City Council Session of October 23, 2007. September 25, 2007 - 13 - ITEM # 56856 Mayor Meyera 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 of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities and Agencies Performance of City Council Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of Property: Beach District Rose Hall District Lynnhaven District Interfacility Traffic Area Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION (3:35 P.M.). Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Ron A. Villanueva, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Break: 3:39 P.M. -3:50 P.M.) (Closed Session: 3:50 P.M. - 5:30 P.M.) (Dinner: 5:30 P.M. - 5:58 P.M.) September 25, 2007 - 14 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL September 25,2007 6: 00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 25, 2007, at 6:00 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John e. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend Albert Butzer First Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial") purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April] 0, 2007, is hereby made a part of the record. 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. September 25, 2007 - 15 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL (Continued) 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. September 25, 2007 - 16 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 56857 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, 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: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None September 25, 2007 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #56856, Page 13, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW; THEREFORE, BE IT RESOL VED: 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. September 25, 2007 - 17 - Item V- F.l. MINUTES ITEM # 56858 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of September 11,2007. Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 25,2007 - 18 - Item V-G 2. MAYOR'S PRESENTATION ITEM 56859 Mayor Oberndorf recognized the following Boy Scouts in attendance to fulfill requirements for their Communication and Citizenship in the Community merit badges:. Troop 179 St. John the Apostle Catholic Church Ron Campbell Renee Wert Assistant Scout Masters Griffith Anderson Chris Benedetto Alex Brown Brandon Campbell Shawn Campbell Chris Cosby Roland Edge Cole Edge (Cub Scout) Brendan Kane Shawn Kane Robert Lyons Jacob McGill Charles Palm Shamus Peed Kyle Piper Lane Prause Ryan Warren Christopher Stanley Michael Stanley Luke Stanley (Cub Scout) Nolan Wiltshire Troop 791 Nimmo United Methodist Church Matthew Cunningham Mayor Oberndorf presented the Scouts with City Seal pins September 25, 2007 - 19 - Item V-H. PUBLIC HEARING ITEM 56860 Mayor Oberndorf DECLARED A PUBLIC HEARING; INSTALLMENT PURCHASE AGREEMENT for acquisition of Agricultural Land Preservation (ARP) Easement - 2508 West Landing Road. There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING September 25, 2007 - 20- Item V-G 1. ADOPT AGENDA FOR FORMAL SESSION ITEM 56861 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED: Ordinance AUTHORIZING the City Manager to execute a Multi-Year Agreement by and between the United States of America and the City of Virginia Beach to prevent encroachment and incompatible development in the inter-facility traffic area (ITA) and AUTHORIZING the City Manager to convey restrictive easements to the Navy in accordance with the Multi- Year Agreement September 25, 2007 - 21 - Item V-H.2. ADD-ON ITEM 56862 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADDED to the Agenda, Item 6 (Consent): Ordinance A UTHORIZING the City Manager to execute a Multi-Year Agreement by and between the United States of America and the City of Virginia Beach to prevent encroachment and incompatible development in the inter-facility traffic area (ITA) and AUTHORIZING the City Manager to convey restrictive easements to the Navy in accordance with the Multi-Year Agreement Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndor! John E. Uhrin Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 25, 2007 - 22- Item v.J. RESOLUTION/ORDINANCES ITEM #56863 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Resolution/Ordinances 2,4, 5a/b/c and 6 (ADD-ON) of the CONSENT AGENDA Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin 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 NA Y on Item 2 (Golesh) Councilman DeSteph shall ABSTAINED on Item 2 (Golesh) as he owns land in the area of this application, as well as option on land nearby. September 25, 2007 - 23 - Item V-J.1. RESOLUTION/ORDINANCES ITEM #56864 Walter Hunter, Chief Financial Officer - Southeastern Public Service Authority (SPSA), responded to City Council concerns: $21-MlLLION, which was utilized tofund capital expenditures is being refinanced from a year ago. The City of Chesapeake filed a law suit against SPSA, which essentially cut off many of the avenues of traditional borrowing. Since the bulk of the law suit with Chesapeake has been resolved, SPSA is going back now to refinance this debt to a more appropriate term. The term, typically, under SPSA 'sfinancial policies is to finance fixed assets over 75% of their useful life. Any debt is paid off at approximately three- fourths of the life of the existing asset. The Municipal tipping fee for SPSA varies for the different members. Suffolk has no tippingfee as they host the regional landfill. The City of Virginia Beach, because of a separate agreement, has a cap on the tipping fee. This tipping fee is now at the cap and cannot be increased. The other member communities have voluntarily increased their fee per ton to $100. This $100 tippingfee is projected to not only pay off all of the existing debts that are outstanding, but also to start substantially funding many of the Capital Expenditures on a cash basis. Over the past five (5) years, the debt has been relatively stable, approximately $250-MlLLION With the new policies in place and cash funding of a significant portion of the Capital, this outstanding debt balance will begin to decline. Along with the $10-MlLLION being borrowed, there is also another $6- MILLION being paid in cash for Capital additions necessary. Final payment on all existing outstanding debt will be 2017. The debt pertaining to the Resolution will be paid 2014. Acquiring an asset that will have a life over multiple years is not unusual. Virginia Beach's tippingfee cap exists until 2015 and in the contractual arrangement with SPSA will continue three (3) years after. Then, Virginia Beach's tippingfee will be at the discretion ofSPSA's Board. Of the $31-MlLLION, the tax exempt portion is only $25-MILLION A MOTION was made by Councilman DeSteph, seconded by Council Lady McClanan to DENY the Resolution re the proposed issuance of Tax-Exempt Revenue Bonds by the Southeastern Public Service Authority Of Virginia (SPSA) in the maximum amount of $31,500,000 to finance or refinance current facilities. Councilman DeSteph MODIFED his motion, seconded by Council Lady McClanan to refinance only $21-MILLIONfrom last year's debt. Upon SUBSTITUTE MOTION by Vice Mayor Jones, seconded by Council Lady Wilson, City ADOPTED, AS MODIFIED: Resolution re the proposed issuance of Tax-Exempt Revenue Bonds by the Southeastern Public Service Authority Of Virginia (SPSA) in the maximum amount of $31,500,000 $25,000,000 tofinance or refinance current facilities September 25, 2007 - 24- Item V-J.1. RESOLUTION/ORDINANCES ITEM #56864 (Continued) Voting: 10-1 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E. Uhrin Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: None September 25, 2007 1 A RESOLUTION OF THE CITY COUNCIL OF VIRGINIA 2 BEACH APPROVING THE PROPOSED ISSUANCE OF 3 CERTAIN REVENUE BONDS BY THE SOUTHEASTERN 4 PUBLIC SERVICE AUTHORITY OF VIRGINIA, A PORTION 5 OF THE PROCEEDS OF THE BONDS TO BE USED TO 6 FINANCE OR REFINANCE FACILITIES LOCATED IN THE 7 CITY 8 WHEREAS, the Southeastern Public Service Authority of Virginia (the 9 "Authority") anticipates making certain capital improvements and intends to finance or 10 refinance such capital improvements through the issuance of one or more issues of 11 revenue bonds in an aggregate principal amount up to $31,500,000 (the "Tax-Exempt 12 Bonds") which bonds will finance or refinance the facilities described in Exhibit A, all or 13 a portion of which are or may be located within the City of Virginia Beach (the "City") 14 (the "Tax-Exempt Improvements"); 15 16 WHEREAS, under the Internal Revenue Code of 1986, as amended, prior to the 17 issuance of the Tax-Exempt Bonds, the Authority must hold a public hearing and 18 receive governmental approval of the issuance of the Tax-Exempt Bonds; 19 20 WHEREAS, such governmental approval can, by virtue of the location of certain 21 of the Tax-Exempt Improvements within the City, be given as to such improvements by 22 the City; 23 24 WHEREAS, Section 15.2-4906 of the Code of Virginia, 1950, as amended (the 25 "Local Approval Provision"), requires that, if certain authorities created pursuant to law 26 in Virginia hold a public hearing in accordance with federal law as a prerequisite to 27 undertaking a tax-exempt financing, such authorities must receive approval for the 28 financing from the governing bodies of the localities in which the improvements to be 29 financed are to be located; 30 31 WHEREAS, the Authority is an authority subject to the Local Approval Provision; 32 33 WHEREAS, on September 7, 2007, the Authority held a public hearing (the 34 "Hearing") regarding the issuance of the Tax-Exempt Bonds pursuant to a notice of 35 public hearing published twice, on August 24, 2007 and August 31, 2007, the last such 36 date being not less than six days after the second publication of such notice; 37 38 WHEREAS, the Authority has provided to the City Council the following: (i) a 39 reasonably detailed summary of the comments, if any, expressed at the Hearing; (ii) a 40 fiscal impact statement concerning the Tax-Exempt Bonds in the form specified in 41 Section 15.2-4907 of the Code of Virginia; and (iii) the Authority's request and 42 recommendation that the City Council approve the issuance of the Tax-Exempt Bonds; 43 44 WHEREAS, failure of the City Council to adopt this Resolution may result in the 45 Authority's issuance of taxable debt to finance the Tax-Exempt Improvements; 46 WHEREAS, the City's approval of the Tax-Exempt Bonds will in no way (1) 47 increase the City's liability with respect to any of the City's obligations under any 48 agreement or contract with the Authority, or (2) constitute any amendment or 49 modification of any such agreement or contract; and 50 51 WHEREAS, the City Council has determined to approve the issuance of the Tax- 52 Exempt Bonds; 53 54 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 55 VIRGINIA BEACH, VIRGINIA: 56 57 Section 1. The City Council hereby approves the issuance by the Authority of the 58 Tax-Exempt Bonds in the maximum amount of $25,000,000. 59 60 Section 2. This Resolution shall take effect immediately. 61 62 Adopted by the Council of the City of Virginia Beach, Virginia on the 25th day of 63 September, 2007. 2 Exhibit A Tax-Exempt Improvements located in the City of Virginia Beach, Virginia Improvement Purchase of water truck, purchase of pickup trucks, stabilizing mulching site, replacing pickup truck, purchasing tub grinder, replacing pumps and installing aeration system for odor control Upgrading tipping floor, asphalt upgrades and door replacement Purchase of new CAT excavator, tipping floor expansion, fire protection system, replacing CAT loader and replacing scale Location The sanitary landfill located at 1991 Jake Sears Road, Virginia Beach, Virginia The Oceana Transfer Station located at 2025 Virginia Beach Boulevard, Virginia Beach, Virginia The Landstown Transfer Station located at 1825 Concert Drive, Virginia Beach, Virginia Regional Office 723 Woodlake Drive, Chesapeake, VA 23320 phone: (757)420-4700 fax: (757)424-4133 www.spsa.com August 27, 2007 Mr. James K. Spore City Manager City of Virginia Beach . Municipal Center Virginia Beach, V A 23456-9099 Dear Mr. Spore: As you know, SPSA has taken significant steps in restructuring this year. It is now on course to achieve the Board's financial goals' within the next few years according to plan. Among those goals is to fully fund its annual capital budget with cash. This year (FY2008), SPSA will fund nearly 40% of its capital budget with cash. The remainder (approximately $10,000,000) will be funded with debt financing from Wachovia Bank. In addition, SPSA intends to re-fmance its FY2007 Capital Budget, also with Wachovia Ban1e Last year SPSA fully funded its capital budget with debt for a 3-year term at a cost greater than is now available. SPSA now intends to extend the term of that borrowing up to four additional years in compliance with its financial policies. Applicable Federal tax regulations and Virginia law require that a public hearing be held; SPSA will hold a public hearing. The law also requires approval by the governing body of each local governmental unit where any of the facilities financed with the proceeds of the bonds approved are to be constructed. Appended is a draft form of the resolution for your .City Council, along with a fiscal impact sfatement and a memprandum from SPSA's bond counsel explaining the TEFRA process. I would appreciate action on this resolution by September 25, 2007. The SPSA Board of Directors will meet on September 26, 2007 to approve the financing plan for this year. Absent your governing body's approval, SPSA will be forced to issue taxable debt for the improvements to be located in your community. SPSA will provide you, for consideration by your City Council, with a summary of any comments received in connection with the public hearing to be held on September 7, 2007. If you have any questions, please contact me. Attachment cc: Mr. Michael J. Barrett Mr. William DeSteph . BOARD OF DIRECTORS ~ Bryan L. Collins ~ Charles A. Wrenn VICE-aJAIRMAN ~Qf_WlY..1IT James B. Brown. Jr. NQ~~ Donald L. Williams fQR-~Mwrn Ray A. Smith, Sr. lKl~QNmVND.' Dallas O. Jones ~~ Leroy Bennett CHAlRMAN wm~lJM9.:I . Michael J. Bartett ~p.~mR John S. Hadfield. P.E. SPSA P.O. Box 1346 Chesapeake. VA 2HzO-1346 ~ Printed oq: recycled paper '%1 u,,'ng ..oy.bQ6td Ink.. SIDi:EYI MEMORANDUM C: FROM: DATE: City of Chesapeake City of Norfolk City of Portsmouth City of Suffolk City of Virginia Beach Isle of Wight County Southampton County City of Franklin Frank Robinson TO: August 22, 2007 As bond counsel to the Southeastern Public Service Authority of Virginia, I am providing the following background for SPSA's request that each of the seven addressees, where portions of certain capital improvements to SPSA's Disposal System are located, grant the "host approval" required by federal and state law. The particular capital improvements in SPSA's approved capital budget for its FYE2007 and FY2008, located or to be located in your communities and included as part of SPSA's "Disposal System" are described in Exhibit A to the suggested form of proceedings provided to you. Capital improvements to SPSA' s Power Plant cannot be financed with tax-exempt debt (because it does not meet the definition of a "solid waste facilityl" or a functionally related and subordinate annex thereto). Virginia law [Va. Code 915.2-4906 and -4907] also requires that SPSA provide you, at the same time you consider adoption of the proposed resolution, with an "impact" statement and an extract of the testimony from the public hearing SPSA is scheduled to hold on September 6. The Virginia statute and the Treasury regulations relating to the so-called TEFRA2 process were designed primarily to assure that issuers, without elected officials (such as industrial development authorities), of small issue industrial development bonds not authorize such bonds before receiving input from a public hearing and approval of the elected officials in the communities where the facilities were to be located (host approval). Because SPSA receives significant revenue pursuant to more than one-year contracts with private entities such as Virginia Power, SPSA's bonds are private activity bonds subject to the TEFRA process if the interest thereon is to be tax-exempt. 1 Sections 141(e)(l) and 142(a)(6), Internal Revenue Code of 1986, as amended. 2 The acronym for the Tax Equity and Fiscal Responsibility Act of 1984 that first imposed the public hearing and host approval requirements on what were then "industrial development bonds" and are now called "private activity bonds." See IRC section l47(f)(2) and the regulations thereunder. SIDELEYI As you consider adoption of the suggested resolution, please understand that the consequence of your approval of the requested resolution is that SPSA may finance the Disposal improvements in your community on a tax-exempt basis. Your failure to approve will cause SPSA to include such improvements with its Power Plant improvements in the taxable borrowing that is not subject to the TEFRA process. For purposes of illustration, using yesterday's rates, SPSA was advised by the proposed underwriter of its tax-exempt and taxable bonds that the weekly reset floating rate on its tax- exempt bonds (subject to the alternative minimum tax (AMT)) would have been 3.78% and the rate on its taxable bonds would have been 5.60% or 182 basis points, over 1 %%, more than the rate on its tax-exempt AMT bonds. If, hypothetically, one community that is host to capital improvements that cost $500,000 declined to provide approval, and the cost was to be financed and amortized with a four-year average life, SPSA, and the applicable localities through their tipping fees, would pay an additional $36,400 in interest on the taxable bonds. For $10,000,000 in improvements, the additional interest expense would be $720,800. The proceedings that SPSA is providing to you are closely modeled on those you approved in the Fall of 2005, when each of you gave host approval for all of SPSA's facilities in your community and thereby enabled SPSA to maintain the tax-exemption on its then outstanding bonds through the "deemed reissuance" thereof in March 2006. SPSA will greatly appreciate your adopting the suggested resolution prior to September 25, 2007. The SPSA Board expects to consider a resolution on September 26, 2007 that will authorize (A) taxable bonds for the Power Plant improvements and any improvements to the Disposal System for which host approval is not timely received and (B) tax-exempt AMT bonds for the improvements to the Disposal System for which host approval is timely received. A portion of the proceeds of SPSA's 2007 bond issues will be applied to redeem, exactly two year's prior to its stated maturity, SPSA's $21,320,000 taxable note issued to Wachovia Bank, National Association, last October. This taxable note bears interest at one-month LIBOR3 plus 120 basis points (6.70% at yesterday's rates). If you have any questions respecting SPSA's proposed financing, please feel free to contact Walt Hunter, the CFO of SPSA. If your attorneys have any questions respecting the suggested form of your resolution, please ask them to call me at 212-838-5323. 3 London Interbank Offered Rate 2 NY] 6312025v.2 flSCALIMPACTSTATEMENT August 24, 2007 Applicant: Southeastern Public Service Authority 1. Maximum amount of financing sought: $ 31,500,000 $ 589,524 for projects in Chesapeake $ 87,500 for projects in Isle of Wight $775,000 for projects in Norfolk $ 13,631,524 for projects in Portsmouth $ 21,634 for projects in Southampton $ 14,067,936 for projects in Suffolk $ 1,721,263 for proj ects in Virginia Beach (total projects equal $30,894,381 plus cost of issuance to be included) 2. Estimated taxable value of the facility's real property to be constructed in the locality: $ N/ A (The Authority's facilities are exempt from real property taxation) 3. Estimated real property tax per year using present tax rates: N/ A (The Authority's facilities are exempt from real property taxation) 4. Estimated personal property tax per year using present tax rates: N/ A (The Authority's facilities are exempt from real property taxation) 5. Estimated merchants' capital tax per year using present tax rates: N/ A (The Authority's facilities are exempt from real property taxation) 6. a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality: N/A NY! 6312998v.! b. Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality: c. Estimated dollar value per year of services that will be purchased from Virginia companies within the locality: d. Estimated dollar value per year of services that will be purchased from non-Virginia companies with the locality: 7. Estimated number of regular employees on year round basis: 8. Average annual salary per employee: Respectfully submitted, NYI6312998v,( N/A N/A N/A 467 $ 35,000 estimated SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRG By: 2 - 25 - Item V-J.2 RESOLUTION/ORDINANCES ITEM #56865 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to EXECUTE an Installment Purchase Agreement with Sharon Leeper Golesh re an Agricultural Land Preservation Easement (ARP) at 2508 West Landing Road. Voting: 9-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E. Uhrin Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: None Council Members Abstaining: William R. "Bill" DeSteph Councilman DeSteph ABSTAINED on Item 2 (Golesh) as he owns land in the area of this application, as well as he has an option on land nearby. September 25, 2007 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT OVER 3 PROPERTY LOCATED AT 2508 WEST LANDING ROAD 4 AND IDENTIFIED AS GPIN 1492-94-7133 AND THE 5 ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS 6 IN THE MAXIMUM PRINCIPAL AMOUNT OF $1,343,507 7 (SHARON LEEPER GOLESH) 8 9 10 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 11 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 12 presented to the City Council a request for approval of an Installment Purchase Agreement 13 (the form and standard provisions of which have been previously approved by the City 14 Council, a summary of the material terms of which is hereto attached, and a true copy of 15 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 16 (as defined in the Installment Purchase Agreement) on certain property located in the City 17 identified as GPIN1492-94-7133 and more fully described in Exhibit B of the Installment 18 Purchase Agreement for a purchase price of $1 ,343,507; and 19 20 WHEREAS, the aforesaid Development Rights shall be acquired through the 21 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 22 compliance with, the requirements of the Ordinance; and 23 24 WHEREAS, the City Council has reviewed the proposed terms and conditions ofthe 25 purchase as evidenced by the Installment Purchase Agreement; 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. The City Council hereby determines and finds that the proposed terms and 31 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 32 Agreement, including the purchase price and manner of payment, are fair and reasonable 33 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 34 is hereby authorized to approve, upon or before the execution and delivery of the 35 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 36 balance of the purchase price set forth hereinabove as the greater of 4.2070% per annum 37 or the per annum rate which is equal to the yield on United States Treasury STRIPS 38 purchased by the City to fund such unpaid principal balance; provided, however, that such 39 rate of interest shall not exceed 6.2070% unless the approval of the City Council by 40 resolution duly adopted is first obtained. 41 42 2. The City Council hereby further determines that funding is available for the 43 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 44 the terms and conditions set forth therein. 1 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter 59 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 60 the indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 Adoption requires an affirmative vote of a majority of all members of the City 63 Council. 64 65 Adopted by the Council of the City of Virginia Beach, Virginia, on this 25thdayof 66 September , 2007. CA-10323 V:\applicationslcitylawprodlcycom321 WpdocsID028IP002100039273.DOC R-1 DATE: August 31, 2007 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,,'7'" /ilL/a, ~ {iluj@J City Attorney's ffice CERTIFIED AS TO AVAILABILITY OF FUNDS: QJrvt;rC( QQjJ1hR Director of mance 2 AGRICUL TURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2007-82 SUMMARY OF MATERIAL TERMS SELLER: Sharon Leeper Golesh PROPERTY LOCATION: 2508 West Landing Road, Princess Anne District PURCHASE PRICE: $1,343,507. EASEMENT AREA: 98.86, more or less DEVELOPMENT POTENTIAL: 10 single-family dwelling sites (9 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 4.2070% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6.2070% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IP A date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery oflP A. ---------------- ----------------i I I I I I I I I I , I I I I I , I I , I \ \ I ~\ I ~\ I ca\ I ~\ I ~\ i ~\ I \\ y;', I ~l I I I , I I I ,---- ------ I I I I I ..c I I en I (]) I I - 0 I I (9 I I C i I 0 I L- I ro I I ..c: I en I I '+- I 0 I I ~ I I -e I (]) I I c.. I 0 I I L- I 0.. I I I I C'f) I C'f) I I ~ I I'-- I I I ~ (J) I N (J) ~ ~ Z - 0.. (9 '"C : .-"- \. / ._"~._/"- ..........-. (.'-'. : , I ! ,1 11 \1 \ I i ~ .q / j ..... ...... , / .-- z ---I -- -~ .,.. -""" ~ J ..,," ~... 0 "I --" ... ,., ...... .,/' ... ... .,.../ ~.,. , ~.,.. .. ~ ..... = ~ u ..... = =- ..... CJ ..... = = ~ r ~-.:. \ ~~ {! .-. \ / " " / IIIQ c~ t~ =-~ o = '- .,. ~IIIQ ~ = ~ = ~~ ......... o ~ ~ ~ ~ o I I , ----y--J--I . I I I ~ · -----l ~ -------/ - -- \ J \ I I ~ I! ~_ _ _.... _ _ _ _ _ __ _ _ _ ----..... ~ _ _ _ _ J \ ~ ~ '- CJ = \C QC . QC ~ o fI.l ~ ..... 1:: ~ =- = .. ~ ~ < - 26- Item V-J.3 RESOLUTION/ORDINANCES ITEM #56866 The following registered to speak in SUPPORT: Ray Bach, 2300 Trant Lake Drive, Phone: 481-5535, Police Officer with Virginia Beachfor over thirty (30) years, and President - Virginia Beach Police Benevolent Association Lucian Colley, 4789 Marlborough Drive, Phone: 713-4789, Police Officer for thirty jour (34) years. Kenneth Pravetz, 4305 Shrew Trail, Phone; 416-1120, representing 429 members - Virginia Beach Professional Firefighters Mark Bowman, 2316 Wilchester Glen Drive, Phone: 705-1795, Member - Virginia Beach Police Supervisors Association Andrew D. Meyers, 333 Edwin Drive, new employee with the Virginia Beach Fire Department, requested support, as this is an investment in the future. [va Nash, President - Virginia Beach Education Association, Phone: 486-3146 Chip Condon, President - Police Supervisors Association, 1965 Country Manor Lane, Phone; 427-2301 Sheriff Paul Lanteigne, 2061 Pungo Ridge Court, Sheriff-City of Virginia Beach, Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to ESTABLISH the retirement allowance for sworn law- enforcement officers, deputy sheriffs, full-time salaried fire fighters and full-time salaried emergency medical technicians (EMT) at 1.85 percent of their average final compensation Voting: 10-1 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M Henley Council Members Absent: None September 25, 2007 Requested by Councilmembers Diezel and Wood 1 AN ORDINANCE TO ESTABLISH THE RETIRMENT 2 ALLOWANCE FOR SWORN POLICE OFFICERS, DEPUTY 3 SHERIFFS, FULL-TIME SALARIED FIRE FIGHTERS, AND FULL- 4 TIME SALARIED EMERGENCY MEDICAL TECHNICIANS AT 1.85 5 PERCENT OF THEIR AVERAGE FINAL COMPENSATION 6 WHEREAS, Section 51.1-138(B) of the Code of Virginia permits the City to 7 establish the service retirement allowance for sworn police officers, deputy sheriffs, full- 8 time salaried fire fighters, and full-time salaried emergency medical technicians at 1.85 9 percent of their average final compensation, times the amount of creditable service; and 10 WHEREAS, the City of Virginia Beach values its public safety employees and 11 appreciates the indispensable services they provide, including safeguarding life and 12 property, preserving peace and good order, and protecting the welfare and safety of the 13 citizens of Virginia Beach and the community. 14 WHEREAS, the City Council desires to extend this benefit to these public safety 15 employees and the City Manager has identified a funding source for this benefit, 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 1. That the retirement allowance for City of Virginia Beach sworn police 19 officers, deputy sheriffs, full-time salaried fire fighters, and full-time salaried emergency 20 medical technicians shall be established at 1.85 percent of the average final 21 compensation times the amount of creditable service, effective January 1, 2008. 22 2. That the City Manager and City Attorney are directed to prepare the 23 ordinances necessary to fund and implement this retirement allowance and to place the 24 ordinances on the City Council's agenda for timely approval. 25 Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th day 26 of September ,2007. APPROVED AS TO LEGAL SUFFICIENCY: CA-10480 R-5 September 20, 2007 - 27- Item V-J.3 RESOLUTION/ORDINANCES ITEM #56866 (Continued) Upon motion by Councilman Uhrin, seconded by Council Lady Henley, City Council ADDED/ADOPTED, VERSION 4, AS AMENDED*: Ordinance to TRANSFER $568,853 from various departments and $485,000 from the General Fund Reserve for Contingencies to pay for the fiscal year 2007-2008 cost of increasing the VRS pension multiplier for public safety employees from 1.70% to 1.85%. * Item 5, line 1: The verbiage "and annually thereafter", shall be deleted after" The beginning in FY 2009". Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Dieze!, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 25, 2007 1 VERSION 4 2 3 AN ORDINANCE TO TRANSFER $568,853 FROM 4 VARIOUS DEPARTMENTS AND $485,000 FROM 5 THE GENERAL FUND RESERVE FOR 6 CONTINGENCIES TO PAY FOR THE FISCAL YEAR 7 2007-2008 COST OF INCREASING THE VIRGINIA 8 RETIREMENT SYSTEM PENSION MULTIPLIER 9 FOR PUBLIC SAFETY EMPLOYEES FROM 1.70% 10 TO 1.85% 11 12 WHEREAS, in order to increase the Virginia Retirement System (VRS) multiplier 13 for sworn police officers, sheriff's deputies, full-time salaried fire fighters, and full-time 14 salaried emergency medical technicians, the City must transfer $1,053,853 to pay for 15 the first year of the cost. 16 17 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 1) That $318,853 is hereby transferred to the appropriate public safety 21 departments by eliminating 7 vacant positions as indicated within the 22 following departments, reducing their FTE counts, and transferring vacant 23 salary funding: Public Works (1), ComfiT (4), Museums (1), and Convention 24 & Visitors Bureau (1 ). 25 26 2) That $210,000 is hereby transferred to the public safety departments from 27 operational accounts within the Department of Human Services. 28 29 3) That effective April 2008, the lease agreement on the Sheriff's Minimum 30 Security Workforce Building shall be terminated, resulting in a $40,000 31 reduction to Management Service's budget for lease payments. 32 33 4) That $485,000 is hereby transferred from the General Fund Reserve for 34 Contingencies to the public safety departments. 35 36 5) That beginning in FY 2009, the salary related to the above-referenced public 37 safety positions will be reduced to fully offset the annual incremental cost of 38 the increased retirement benefit; provided, however, any reductions shall not 39 reduce existing employees' salary below what they earn in FY08. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia on the 25th day 42 of September, 2007. ~~ Manage ent ervices " APPROVED AS TO LEGAL SUFFICIENCY: ~~ City Attorney's Offi APPROVED AS TO CONTENT: CA 10511 September 25, 2007 - 28 - Item V-J.4. RESOLUTION/ORDINANCES ITEM #56867 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIA TE funds in the amount of $178,916 from the United States Department of Justice's Edward Byrne Memorial Justice Assistance Grant re public safety support and criminal processing $34,212 Circuit Court - multi-media evidence display system $11,000 Commonwealth Attorney's office - electronic document storage and retrieval $28,594 Community Corrections and Pretrial- drug testing system $55,260 Police Department -fingerprinting/integrated booking system $10,440 Police Department - electronic video microscope $ 7,410 Sheriff's Department - Courthouse public information system $32,000 Sheriff-s Department - online training and education classroom Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 25, 2007 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $178,916 FROM THE UNITED STATES 3 DEPARTMENT OF JUSTICE EDWARD BYRNE 4 MEMORIAL JUSTICE ASSISTANCE GRANT FOR 5 THE PURPOSES OF SUPPORTING PUBLIC SAFETY 6 AND IMPROVING CRIMINAL PROCESSING 7 WHEREAS, the United States Department of Justice has authorized a 2007 8 Edward Byrne Memorial Justice Assistance grant of $178,916 to the City of Virginia 9 Beach. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That $178,916 is hereby accepted from the U.S. Department of Justice 15 and appropriated to the following agencies and departments in the amounts and for the 16 purposes set forth below: 17 18 a. $34,212 to the Circuit Court for a multi-media evidence display system. 19 b. $11,000 to the Commonwealth's Attorney for electronic document storage 20 and retrieval. 21 c. $28,594 to Community Corrections and Pretrial for a drug testing system. 22 d. $55,260 to the Police Department for a fingerprinting I integrated booking 23 system. 24 e. $10,440 to the Police Department for an electronic video microscope. 25 f. $7,410 to the Sheriff for a courthouse public information system. 26 g. $32,000 to the Sheriff for an online training and education classroom. 27 28 2. That estimated revenue from the Federal Government in the 2007-08 29 Operating Budget is hereby increased by $178,916. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia on the ? C;th day 32 of _S_e..p_temher_' 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ;;P~ City Attorney's o~ lJ~QI . CA 10493 R-1 September 5, 2007 - 29- Item V-J. 5. RESOLUTION/ORDINANCES ITEM #56868 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to ACCEPT, APPROPRIATE and TRANSFER to the Police Department within the FY2007-08 operating budget: a. $170,000from the DEA Seized Property Special Revenue Fund and TRANSFER $150,000 from the General Fund Reserve for Contingencies CIP project re Police Helicopter Replacement and Hanger Expansion b. $70,000 from DMV to the FY 2007-08 operating budget re funding for lectures demonstrating the consequences of driving under the influence (DUI). The Police Department will provide $14,000 as matching funds c. $37,000 from DMV to the FY 2007-08 operating budget re funding to address seat belt usage and enforcement. The Police Department will provide $7,400 as matchingfunds Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 25, 2007 1 AN ORDINANCE TO APPROPRIATE $170,000 FROM THE 2 FUND BALANCE OF DRUG ENFORCEMENT AGENCY 3 (DEA) SEIZED PROPERTY SPECIAL REVENUE FUND AND 4 TRANSFER $150,000 FROM THE GENERAL FUND 5 RESERVE FOR CONTINGENCIES TO CAPITAL 6 IMPROVEMENT PROJECT #3-227, POLICE HELICOPTER 7 REPLACEMENT AND HANGAR EXPANSION, FOR THE 8 COST INCREASES OF REPLACING THE HELICOPTER 9 HANGAR 10 11 12 WHEREAS, funding of$170,000 is available in the Fund Balance of the DEASeized 13 Property Special Revenue Fund and $150,000 is available in the General Fund Reserve for 14 Contingencies. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 That $170,000 is hereby appropriated from the Fund Balance of the DEA Seized 20 Property Special Revenue Fund and $150,000 is hereby transferred from the General Fund 21 Reserve for Contingencies to CIP #3-227, Police Helicopter Replacement and Hangar 22 Expansion, for the costs of replacing the hangar. 23 24 Adopted by the Council of the City of Virginia Beach, Virginia, on the ?Sth day of 25 Seotember ,2007. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SU FFICI ENCY: JJ~Q. ~~~~,- CA 10501 R-2 September 13, 2007 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $70,000 2 FROM THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES 3 (DMV) TO THE POLICE DEPARTMENT'S FY 2007-08 4 OPERATING BUDGET TO CONDUCT LECTURES TO 5 DEMONSTRATE THE CONSEQUENCES OF DRIVING 6 UNDER THE INFLUENCE (DUI) AND ENFORCE DUI LAWS 7 8 9 WHEREAS, The Police Department has identified $14,000 in matching funds to 10 support this grant. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 (1) That $70,000 is hereby accepted from the Virginia Department of Motor 16 Vehicles and appropriated to the Police Department's FY 2007-08 Operating Budget 17 to provide funding for lectures demonstrating the consequences of driving under the 18 influence, with state revenue increased accordingly. 19 20 (2) That $14,000 will be transferred within the Police Department's FY 2007-08 21 Operating Budget to support the grant's match requirement. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th day of 24 !=:pph:>mhpr, 2007. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~a~s~:c~ Ci~~"- CA 10499 R-1 September 11, 2007 -..."'" .~ '~'i'... '. .".. ~t"""." ..." ~ '~ ~, :~ ",'1' :~ ~ ~.-J _, (~ '::: J:t,,.t ,,":." i.1 It r,_";::" . "",/"..,. f~:~~~,~,'-'W O. R. SlIIit C()mllli~~i()IICr iCrG) Mf Ml (Ol N \\V lE A\ lL If- JH[ oif V1r 1ft (G )f N J[ A Department of Motor Vehicles 2300 W\:st Broad Street 1',);( Offic!.' no, ~7-l1 c Rldlll10llu. VA ..'31h\)tUIIII SIlIl.D\lV I.lNF It, ,~oo ..115.5 I .\7 July 23, 2007 Colin Elliot Master Police Officer Virginia Beach City 2509 Princess Anne Rd. Virginia Beach, VA 23456 Dear Officer Elliot: Safety has been and will continue to be a high priority in Virginia's overall transportation system. Governor Tim Kaine and I are committed to ensuring that safety is the highest priority in the development of the Commonwealth's multi- modal transportation system. I am pleased to inform you the highway safety project proposal(s) listed below have been approved for federal fiscal year 2007-2008 pass-through grant funding. Proe:ramProlect 10# - CFDA# KB-2oo8-58 126-3065-20.601 OP-200B-58 I 27-3066-20.600 Proiect Title DUl Enforcement Seat Belt Enforcement Amount Approved $70,000.00 $37,000_00 The availability of funds under this grant is contingent upon two conditions: (I) the proiect manU2er and the erson res onsible for the v ucher/financial mana e.. ent of our ant must attend a antee worksho and (2) the release of federal funds to the Commonwealth. The enclosed infonnation provides the dates and locations regarding this mandatory training, The approved project appfication(s) and the memorandum of conditions from David Mitchell, DMV Deputy Commissioner of Virginia Highway Safety Office, will be provided to your project director during the training session. As the recipient of a FY07-08 grant award, it is important that you read and follow this information carefully, If you should have any questions regarding the conditions, please contact the project monitor assigned to your grant. I hope that your project will have a positive impact on highway safety for all Virginians, Thank you for your interest in improving highway safety. Sincerely, ~R.~ Pierce R. Homer Enclosure PHR:sb Project Manager: Mary Rayment - Portsmouth '" Fax: (X(]4) J67.(Jh~! TDD, 1.IWO-272-92fi!l E. mail. C!,rnmhh(tydm\'.virginiagov Web site: wwwdmvNOW.coln 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $37,000 2 FROM THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES 3 (DMV) TO THE POLICE DEPARTMENT'S FY 2007-08 4 OPERATING BUDGET TO GIVE PRESENTATIONS TO 5 TEENS ON SEAT BELT USAGE AND ENFORCE SEAT BELT 6 LAWS 7 WHEREAS, the Police Department has identified $7,400 in matching funds to 8 support this grant. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 (1) That $37,000 is hereby accepted from the Virginia Department of Motor 14 Vehicles and appropriated to the Police Department's FY 2007-08 Operating Budget 15 to provide funding to address seat belt usage, with state revenue increased 16 accordingly. 17 18 (2) That $7,400 will be transferred within the Police Department's FY 2007-08 19 Operating Budget to support the grant's match requirement. 20 21 Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th day of 22 Septemb€lr ' 2007. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: j;j~~Ct~ Management Services ~~~- CA 10500 R-1 September 11, 2007 ~'1'if~'~ ,c ", ,i~ .t . t. '\. ';J' '~' 'c ~,"\~'" ,i ~ , :.",J -_'J; ,,1j,-,.t.,'io, " . l~~.:...~i~.';;; D. 8. SlIIit COllulIh,\ioncr (C(O) Mf i\'vl[ (OJ N ~V JE A\ 1L lr JHl 0 if VJf lR. IGr )f N J[ A Department of ?viator Vehicles 2300 \X/cst Broad Street l")~r Oftl...~ 13(1'\ 27-1! 2 flldulloml. VA 2.J201} (1;)111 SI\t,.D\fV I.INF or SOO'.115.,'i I ,\7 July 23, 2007 Colin Elliot Master Police Officer Virginia Beach City 2509 Princess Anne Rd. Virginia Beach, VA 23456 Dear Officer Elliot: Safety has been and will continue to be a high priority in Virginia's overall transportation system. Governor Tim Kaine and I are committed to ensuring that safety is the highest priority in the development of the Cormnonwealth's multi- modal transportation system. I am pleased to inform you the highway safety project proposal(s) listed below have been approved for federal fiscal year 2007-2008 pass-through grant funding. Prol!ram Profect II># - CFDA# K8.2008-S8126-J065-20.60 I OP-2008-58 127 -3066-20.600 Profect Title nUl Enforcement Seat Belt Enforcement Amount Approved $70,000.00 $37,000.00 The availability of funds under this grant is contingent upon two conditions: (I) the proiect manal!er and the erson res onsible for the v ucherlfinancial mana ement of our ant must att nd a antee worksho and (2) the release of federal funds to the Cormnonwealth, The enclosed information provides the dates and locations regarding this mandatory training, The approved project application(s) and the memorandum of conditions from David Mitchell, DMV Deputy Commissioner of Virginia Highway Safety Office, will be provided to your project director during the training session. As the recipient of a FY07 -08 grant a ward. it is important that you read and follow this information carefully, If you should have any questions regarding the conditions. please contact the project monitor assigned to your grant. I hope that your project will have a positive impact on highway safety for all Virginians, Thank you for your interest in improving highway safety. Sincerely, ~R.~ Pierce R. Homer Enclosure PHR:sb Project Manager: Mary Rayment. Portsmouth Fax: (X04) 367.(,611 TOn: I.XOO-272.92611 E. [nail Cl,mmi~;h@dmv,\Iirgjlliagov Web site: www dmvNOW,co/U - 30 - Item V-J. 6. RESOLUTION/ORDINANCES ADD-ON ITEM #56869 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance AUTHORIZING the City Manager to execute a Multi-Year Agreement by and between the United States of America and the City of Virginia Beach to prevent encroachment and incompatible development in the inter-facility traffic area (ITA) and AUTHORIZING the City Manager to convey restrictive easements to the Navy in accordance with the Multi-Year Agreement Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndor! John E. Uhrin Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 25, 2007 ,:~G\1Tf'~6:"\ ,r...-." .......~c~..7t, .rJi"l,',.' , >,%, /:t:! it .~.\7_" (~\~ ,~. ;~:: {0"~";1 ,:/1 \..'(tl::~~~~~~:r ~................~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a Multi-Year Agreement by and between the United States of America and the City of Virginia Beach to prevent encroachment and incompatible development in the Inter-Facility Traffic Area and authorizing the Manager to convey restrictive easements to the Navy in accordance with the Multi-Year Agreement. MEETING DATE: September 25, 2007 . Background: The City Council adopted a program on December 20,2005 to acquire property in the Inter-Facility Traffic Area (the "ITA"), the area between NAS Oceana Master Jet Base and Naval Auxiliary Landing Field Fentress. The ITA Acquisition Program was funded with $3.7 million, and the City has acquired property totaling approximately $3.5 million. There are additional willing sellers in the ITA, but there are no longer sufficient funds to purchase additional properties. The Navy has applied for and received authorization for Encroachment Partnering Funds from the Department of the Navy in order to support the City's efforts to acquire additional land in the ITA. If Council authorizes this Multi-Year Agreement, then the Navy will make available A} $3 million in funding; and B) the federally owned Marshview land near Owl's Creek for an exchange, toward the purchase of restrictive easements from the City on land the City has acquired in the ITA. The terms of the Multi-Year Agreement are set forth in the Summary of Terms attached hereto, but in general provide that after the City acquires land in the ITA, then it may sell a restrictive easement to the Navy for the amount of either 50% of the City's cost to purchase the land in fee or the value of the easement as appraised, whichever is less. The funds received from the sale of restrictive easements may be used to fund additional acquisitions in the ITA. The ordinance will also authorize the City Manager to execute documents conveying restrictive easements to the Navy land the City acquires in the ITA in accordance with the terms of the MY A. . Considerations: In May 2005, the Cities of Virginia Beach, Chesapeake and Norfolk adopted the Hampton Roads Joint Land Use Study (JLUS), which recommended the cities take certain steps to limit encroachment to protect the public and the mission of NAS Oceana and Fentress. The City Council voted on February 13, 2007 to enter into a Memorandum of Understanding with the NAS Oceana, which goes beyond JLUS and further strengthens the cooperation between the City and the Navy. The ITA is an area that is largely undeveloped and presents the best opportunity to prevent future incompatible development. . Alternatives: Do not enter into the Multi-Year Agreement. . Recommendations: Authorize the City Manager to enter into the Multi-Year Agreement with the Navy and authorize the conveyance of restrictive easements to the Navy in accordance with the Multi-Year Agreement. . Attachments: Ordinance, Summary of Terms Recommended Action: Approval ~ . Submitting Department/Agency: Planning Department J \\\ CitYManage~';) ~..C6~ l~ v:\apPlicationS\CitYlawprod~m32\ Wpdocs\D030\P002\00039419.DOC 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A MULTI-YEAR 3 AGREEMENT BY AND BETWEEN THE UNITED 4 STATES OF AMERICA AND THE CITY OF VIRGINIA 5 BEACH TO PREVENT ENCROACHMENT AND 6 INCOMPATIBLE DEVELOPMENT IN THE INTER- 7 FACILITY TRAFFIC AREA AND AUTHORIZING THE 8 MANAGER TO CONVEY RESTRICTIVE EASEMENTS 9 TO THE NAVY IN ACCORDANCE WITH THE MUL TI- 10 YEAR AGREEMENT 11 WHEREAS, the City Council of the City of Virginia Beach, as part of its response 12 to the 2005 BRAC Order, made a finding on December 20, 2005 that retaining NAS 13 Oceana as the East Coast Master Jet Base is vital to preserving the economic vitality of 14 the City of Virginia Beach; 15 16 WHEREAS, on that same date, City Council adopted a program to acquire 17 properties in the Inter-Facility Traffic Area (the "ITA"), between NAS Oceana and NALF 18 Fentress (the "ITA Acquisition Program") and authorized and directed the City Manager, 19 on behalf of the City, to acquire property in the ITA to the extent funds were available 2 0 and to include funding sufficient to acquire such properties in the proposed budgets for 21 forthcoming years; 22 2 3 WHEREAS, the ITA Acquisition Program was funded with $3.7 million, and the 24 City has acquired four properties (comprising more than 1 05 acres) in the ITA 25 Acquisition and has expended approximately $3.5 million. 26 27 WHEREAS, there are additional willing sellers in the ITA, but at this time there 28 are insufficient funds in the ITA Acquisition Program to acquire these properties; 29 30 WHEREAS, the Commanding Officer of NAS Oceana, acknowledging the 31 cooperation of the City in its efforts to prevent encroachment around the bases, applied 32 to the Department of the Navy for Encroachment Partnering Funds, which would be 33 made available for the acquisition of property and property interests in the ITA if the City 34 and the Navy enter into a Multi-Year Agreement (the "MYA") for Encroachment 35 Partnering; 36 37 WHEREAS, the City and the Navy have negotiated the terms of the MYA to 38 provide that if the City purchases property from willing sellers in the ITA, then the Navy 39 will purchase from the City a restrictive easement over that property limiting its use to 40 uses compatible with the mission of the bases; 41 42 WHEREAS, the purchase price the Navy will pay for a restrictive easement over 43 each parcel acquired by the City would be based on an appraisal and would be 100% of 44 the appraised value of the restrictive easement or 50% of the City's fee simple purchase 45 price, whichever is less. After the appraisals are completed, the City can decide on a 46 case-by-case basis whether to sell an easement to the Navy. 47 48 WHEREAS, the City Council finds that entering into the MY A with the Navy is in 49 accordance with its on-going efforts to partner with the Navy to retain NAS Oceana as 50 the East Coast Master Jet Base and is an effective means of accomplishing the shared 51 goal of preventing future encroachment around the bases; 52 53 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 54 VIRGINIA BEACH, VIRGINIA: 55 56 1 . That the City Manager is hereby authorized to execute a Multi-Year 57 Agreement by and between the United States of America in accordance with the 58 Summary of Terms attached hereto and such other terms, conditions or modifications 59 as may be satisfactory to the City Attorney and the City Manager. 60 61 2. That the City Manager is hereby authorized to execute any documents, 62 approved by the City Attorney, necessary to convey restrictive easements to the Navy in 63 accordance with the terms of the Multi-Year Agreement. 64 65 Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th ,day 66 of Septembor ,2007. APPROVED AS TO CONTENT: r \ \. APPROVED AS TO LEGAL SUFFICIENCY: ".-,-..- AC J(2' ~~/ ,0<- City Attorney's Omce CA-10325 Ilvbgov.comldfs I lapplicationslcitylawprodlcycom321 Wpdocs1D0301P002100039418.DOC 9/25/07 R-1 SUMMARY OF TERMS OF MULTI-YEAR AGREEMENT: Parties: The City of Virginia Beach and The United States of America, acting through the Department of the Navy Term of Aareement: The term of the agreement is 5 years, unless sooner terminated by either party, upon 30 days' notice to the other party. The agreement may be renewed or extended as the parties agree. Other Terms 1. If the City purchases property from willing sellers in the ITA, then the Navy will purchase from the City a restrictive easement over that property limiting its use to those uses marked with a "Y" in the Table set forth in City Zoning Ordinance Section 1804 as enacted on the date of the Multi-Year Agreement (copy attached hereto as Exhibit A"): a. If the property is in 65-70 and 70-75 dB DNL Noise Zones, then the property would be limited to the allowed uses in 70-75 dB DNL Noise Zone, as stated in the Table; b. If the property is in >75 dB DNL, then the property would be limited to the allowed uses in >75 dB DNL Noise Zone; 2. The Navy will pay 100% of the appraised value of the restrictive easement or 50% of the City's fee simple purchase price, whichever is less. After the appraisals are completed, the City can decide on a case- by-case basis whether to sell an easement to the Navy. 3. The Navy will fund this arrangement with $3 million, plus the Marshview property (the Navy will convey Marshview, in fee, to the City in exchange for the City placing restrictive easements over its ITA properties). 4. The Navy and the City will share the costs of the appraisals. 5. The City shall provide surveys necessary to delete all standard exceptions for title insurance as to surveys. 9/24/2007 v: \applications\citylawprod\cycom32\Wpdocs\D024 \P002\00040818. DOC EXHIBIT A Table from CZO 9 1804 TABLE 1 - AIR INST ALLA TIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES Land Use Land Use Compatibility Land Use Name 70-75 dB >75 dB DNL DNL Residential and Related Single-family dwellings N N Semidetached dwellings N N Attached dwellings/townhouses N N Duplexes N N Multiple-family dwellings N N Dormitories and other group quarters N N Mobile home parks N N Hotels and motels N N Other residential uses N N Manufacturing Food & kindred products; manufacturing y y Textile mill products; manufacturing y y Apparel and other finished products; products made from fabrics, Y y leather and similar materials; manufacturing Lumber and wood products (except furniture); manufacturing Y y Furniture and fixtures; manufacturing y y Paper and allied products; manufacturing Y y Printing, publishing, and allied industries y y Chemicals and allied products; manufacturing Y Y Petroleum refining and related industries Y y Rubber and misc. plastic products; manufacturing y y Stone, clay and glass products; manufacturing Y y Primary metal products; manufacturing y y Fabricated metal products; manufacturing y y Professional scientific, and controlling instruments; photographic y y and optical goods; watches and clocks Miscellaneous manufacturing y y Transportation, communication and utilities Railroad, rapid rail transit, and street railway transportation y y Motor vehicle transportation y y Aircraft transportation y y Marine craft transportation y y Highway and street right-of-way y y Automobile parking y y Communication y y Utilities y y Other transportation, communication and utilities Y y Trade Wholesale trade y y Retail trade - building materials, hardware and farm equipment Y y Retail trade - general merchandise y y Retail trade - food y y Retail trade - automotive, marine craft, aircraft and accessories Y y Retail trade - apparel and accessories y y Services Retail trade - furniture, home, furnishings and equipment Y y Retail trade - eating and drinking establishments y y Other retail trade y y Finance, insurance and real estate services y y Personal services y y Cemeteries y y Business services y y Warehousing and storage y y Repair services y y Professional services y y Hospitals, other medical fac. y N Nursing homes N N Contract construction services y y Government services y y Educational services y N Miscellaneous y y Cultural, entertainment and recreational Cultural activities (& churches) y N Nature exhibits N N Public assembly halls N N Auditoriums, concert halls y N Outdoor music shells, amphitheaters N N Outdoor sports arenas, spectator sports y N Other outdoor recreational facilities y y Indoor recreational facilities y y Campgrounds y N Parks y N Other cultural, entertainment and recreation y N Resource Production and Extraction Agriculture (except live stock) y y Livestock farming y N Animal breeding y N Agriculture related activities y y Forestry activities y y Fishing activities y y Mining activities y y Other resource production or extraction y y Item V-L.1. PLANNING 1. SYL VIA J. ESTES 2. LOT 26, L.L.C. 3. J.D. VALLEY, L.L.C. 4. KRAMBIAS PROPERTIES, L.L.c. 5. G.A. DOWNS & SONS,INC. 6. CITY ZONING ORDINANCE - 31 - ITEM #56870 VARIANCE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT Ordinance AMENDING 99111, 203, 211, 230,401,403,501,601,801,901, 1001, 1125,1511,1521 and 1531 of the City Zoning Ordinance (CZO) and combining lodges, community centers, private or athletic clubs, auditoriums, arenas, civic or cultural centers, social centers, elemosynary establishments, assembly halls, union halls, and bingo halls as assembly uses and combining churches, monasteries, and convents as religious uses and making both uses conditional in the zoning districts where they are allowed September 25, 2007 - 32 - Item V-K.. PLANNING ITEM #56871 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Items 1 a1b. (WITHDRA WN), 3 (DEFERRED), 4, 5 and 6 of the Planning By Consent Agenda. Item K.1. (SYL VIA J. ESTES) will be WITHDRA WN, BY CONSENT Item K.3. (J.D. VALLEY, L.L.C.) will be DEFERRED INDEFINITELY, BY CONSENT Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndort John E. Uhrin Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 25, 2007 - 33 - Item V-K.1. PLANNING ITEM #56872 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ALLOWED WITHDRAWAL of Ordinances upon application of SYLVIA J. ESTES for a Variance to 95B of the Site Plan Ordinance, Floodplain Regulations and Conditional Use Permit: Application of Sylvia J. Estes for a Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations on property located at 1628 Mill Landing Road (GPIN 2410440394). DISTRICT 7 - PRINCESS ANNE ORDINANCE UPON APPLICATION OF SYLVIA J. ESTES FOR A CONDITIONAL USE PERMIT FOR AN ALTERNATIVE RESIDENTIAL DEVELOPMENT Ordinance upon application of Sylvia J. Estes for a Conditional Use Permit for an alternative residential development on property located at 1628 Mill Landing Road (GPIN 2410440394). DISTRICT 7 -PRINCESS ANNE Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 25,2007 - 34- Item V-K.2. PLANNING ITEM #56873 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of LOT 26, L.L.C.for a Conditional Use Permitfor an automobile repair garage: ORDINANCE UPON APPLICATION OF LOT 26, L.L.c. FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR GARAGE R090734238 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Lot 26, L.L.c. for a Conditional Use Permit for an automobile repair garage on property located at 491-99 London Bridge Road (1497804054). DISTRICT 6 - BEACH The following conditions shall be required: 1. No tires for sale, merchandise or parts shall be displayed or stored outside 2. All motor vehicle repair must take place inside the building 3. No outside storage of equipment, parts or materials shall be permitted 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth of September Two Thousand Seven Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndor! John E. Uhrin Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 25, 2007 - 35 - Item V-K3. PLANNING ITEM #56874 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of October 23,2007, Ordinance upon application of J. D. VALLEY, L.L.C.for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF 1. D. VALLEY, L.L.c. FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND RENTAL Ordinance upon application of 1. D. Valley, L.L. C. for a Conditional Use Permit for motor vehicle sales and rental on property located at 6119 Indian River Road (GPIN 1456430612). DISTRlCT]- CENTERVILLE Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 25, 2007 - 36 - Item V-K.4. PLANNING ITEM #56875 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application ofKRAMBIAS PROPERTIES, L.L.C.for a Conditional Use Permitfor motor vehicle rentals: ORDINANCE UPON APPLICATION OF KRAMBIAS PROPERTIES, 1.1.c. FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE RENTALS R090734239 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Krambias Properties, 1.1. C. for a Conditional Use Permit for motor vehicle rentals on property located at 5232 Virginia Beach Boulevard (GPIN 1467669130). DISTRICT 4 - BAYSIDE The following conditions shall be required: 1. The site and landscaping shall be developed in substantial conformance with the submitted site plan entitled "Conceptual Exhibit of 5232 Virginia Beach Blvd. " prepared by WPL and dated May 23,2007. The plan has been exhibited to the Virginia Beach City Council and is onfile with the Virginia Beach Planning Department. 2. No outside paging or sound amplification system shall be permitted. 3. No freestanding signs shall be permitted on site. 4. No more than five (5) vehicle rentals shall be parked within the nine (9) regular parking spaces shown on the site plan entitled "Conceptual Exhibit of 5232 Virginia Beach Blvd. " and dated May 23, 2007. All other rentals must be parked within the area designated on the building floor plan as "Showroom", 5. There shall be no sale of automobiles on the site. 6. There shall be no on-site washing, detailing or maintenance of any motor vehicles on the site. 7. Right-of-way improvements along Nelms Lane shall be required. This includes pavement widening and curb and gutter to bring the ultimate roadway width to 30 feet, measured from face-of-curb to face-of-curb and streetlight improvements. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth of September Two Thousand Seven September 25, 2007 - 37 - Item V-K.4. PLANNING ITEM #56875 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 25, 2007 - 38 - Item V-K.5 PLANNING ITEM #56876 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of G. A. DOWNS & SONS, INC. for a Conditional Use Permit for automotive repair garage: ORDINANCE UPON APPLICATION OF G. A. DOWNS & SONS, INC. FOR A CONDITIONAL USE PERMIT FOR AUTOMOTIVE REPAIR GARAGE R090734240 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of G. A. Downs & Sons, Inc. for a Conditional Use Permit for automotive repair garage on property located at 507 North Witchduck Road (GPIN 1467889472). DISTRICT 4 -BAYSIDE The following conditions shall be required: 1. The site and landscaping shall be developed in substantial conformance with the submitted plan entitled "Survey of Lot 4, Subdivision of a Portion of Parcel "B", Subdivision of 4.89 Acre Parcel, Plat of Menno R. Miller Property For G.A. Downs & Sons, Inc. ". Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. The applicant shall obtain all the necessary permits and inspections from the Planning Department, Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 3. All automotive repair service shall take place inside the building. 4. No tires, merchandise or parts shall be displayed or stored outside. 5. All parking spaces required by the City Zoning Ordinance (CZO) shall be striped, including handicap spaces in accordance with the Americans with Disabilities Act (ADA), according to Section 203(b) of the City Zoning Ordinance. A plan showing the proposed parking must be reviewed and approved by the City of Virginia Beach Planning Department. 6. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 7. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded, andfocused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 8. The applicant shall patch and repair all holes within the existing drive aisle located along the eastern property line. September 25, 2007 - 39 - Item V-K.5 PLANNING ITEM #56876 (Continued) This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth of September Two Thousand Seven Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 25, 2007 - 40- Item V-K.6. PLANNING ITEM #56877 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance AMENDING HIlI, 203, 211, 230, 401, 403, 501, 601, 801, 901,1001,1125,1511,1521 and 1531 of the City Zoning Ordinance (CZO) and combining lodges, community centers, private or athletic clubs, auditoriums, arenas, civic or cultural centers, social centers, eleemosynary establishments, assembly halls, union halls, and bingo halls as assembly uses and combining churches, monasteries, and convents as religious uses and making both uses conditional in the zoning districts where they are allowed Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 25, 2007 1 AN ORDINANCE AMENDING SECTIONS 111, 203, 211, 2 230,401,403,501,601,801,901,1001,1125,1511,1521 3 AND 1531 OF THE CITY ZONING ORDINANCE AND 4 COMBINING LODGES, COMMUNITY CENTERS, PRIVATE 5 OR ATHLETIC CLUBS, AUDITORIUMS, ARENAS, CIVIC 6 OR CULTURAL CENTERS, SOCIAL CENTERS, 7 ELEEMOSYNARY ESTABLISHMENTS, ASSEMBLY 8 HALLS, UNION HALLS, AND BINGO HALLS AS 9 ASSEMBLY USES AND COMBINING CHURCHES, 10 MONASTERIES AND CONVENTS AS RELIGIOUS USES 11 AND MAKING BOTH USES CONDITIONAL IN THE 12 ZONING DISTRICTS WHERE THEY ARE ALLOWED 13 14 Sections Amended: City Zoning Ordinance S 111, 203, 211, 15 230,401,403,501,601,801,901,1001,1125,1511,1521 16 and 1531 17 WHEREAS, the public necessity, convenience, general welfare and good zoning 18 practice so require; 19 20 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 21 VIRGINIA: 22 23 That the City Zoning Ordinance (City Code Appendix A) is hereby amended and 24 reordained by the amendment of Sections 111, 203, 211, 230, 401, 403, 501, 601, 801, 25 901,1001,1125,1511,1521 and 1531 to read as follows: 26 27 ARTICLE 1. GENERAL PROVISIONS 28 29 30 Sec. 111. Definitions. 31 32 33 34 Assemblv Uses. Uses that involve the qatherinq of individuals or qroups in one 35 location. such as arenas. assemblv halls, auditoriums. binqo halls, civic centers. 36 community centers. eleemosvnary establishments. private clubs. union halls and 37 excludinq reliqious uses. 38 39 40 41 Reliqious Uses. Places of reliqious worship. such as churches. svnaqoques. 42 temples. mosques. similar places and their appurtenant uses. 43 1 44 45 46 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 47 ALL DISTRICTS 48 49 50 51 Sec. 203. Off-street parking requirements. 52 53 (a) The following specified uses shall comply with the off-street parking 54 requirements designated therefor: 55 56 57 58 (7) Churches: At least one spaco per five (5) se3ts or bench se3ting sp3ce in 59 the main 3uditorium; provided, hov/ever, that the requirement for any church located in 60 a shopping center sh311 be as specified in the condition31 use permit allO'.\'ing such 61 church. Reserved 62 63 64 65 (28) Public buildings and funeral homes: At least one space per five hundred 66 (500) square feet of floor area; 67 68 (28.1) Reliqious Uses: At least one space per five (5) seats or bench seatinq 69 space in the main auditorium. 70 71 72 73 (33) (i) Shopping centers containing more than eight (8) individual uses or 74 businesses and located on a zoning lot five (5) to ten (10) acres in size shall have a 75 total of: 76 77 a. One space per two hundred (200) square feet of floor area of all uses except 78 restaurants, churches reliqious uses and theaters; 79 80 81 82 (ii) Shopping centers containing more than eight (8) individual uses or 83 businesses and located on a zoning lot ten (10) to thirty (30) acres in size shall have a 84 total of: 85 86 a. One space per two hundred (200) square feet of floor area of all uses except 87 restaurants, churches reliqious uses and theaters; 2 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 (iii) Shopping centers containing more than eight (8) individual uses or businesses and located on a zoning lot greater than thirty (30) acres in size shall have a total of: a. One space per two hundred (200) square feet of floor area of all uses except restaurants, churches reliqious uses and theaters; Sec. 211. Signs permitted in all districts. The following types of signs are exempted from all of the provisions of this ordinance, except for illumination, construction, and safety regulations and the following standards: (i) Church Reliqious Use signs. One sign per entrance not to exceed twenty- four (24) square feet per face. No such sign shall have more than two (2) faces. Sec. 230. Churchos. Reliaious Uses. In addition to general requirements, the following special requirements and limitations shall apply to churches reliqious uses in districts in which they are generally permitted: (a) Minimum lot area. The minimum lot area for churches shall be three (3) acres. (b) Off-street parking. At least one space per five (5) seats or bench seating spaces in the main auditorium. provided, however, that the requirement for any church located in a shopping center shall be as specified in the conditional use permit allowing such church. ARTICLE 4. AGRICULTURAL DISTRICTS 3 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 Sec. 401. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the respective agricultural districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use AG-1 AG-2 Assembly Uses C C Child care education connection with public elementary schools or reliqious uses centers in or private churches P P Churches Community Centers G G G G Lodges for fraternal organizations Mon3sterios and convents G G G G Public elementary, intermediate and high schools, colleges and universities; day nurseries in connection with public or private elementary schools or churches reliqious uses P P Reliqious Uses C C Sec. 403. Sign regulations. (a) Not to exceed one identification sign not more than sixteen (16) square feet in area for each principal entrance or frontage of any use except churches reliqious uses and educational institutions, for which the maximum area per sign shall not exceed thirty-two (32) square feet. 4 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 ARTICLE 5. RESIDENTIAL DISTRICTS Sec. 501. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the R-40 through R-2.5 Residential Districts. Those uses and structures in the respective residential districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective distriCts. No uses or structures other than as specified shall be permitted. Residential Districts Uses R-40 R-30 R-20 R-15 R-10 R-7.5 R-5D R-5R R-5S R-2.5 Child care centers and child care education centers in churches reliqious uses Churches C C C C C C C C C C G G G G G G G G G G Community centers, public ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Reliqious Uses C C C C C C C C C C 204 205 206 207 ARTICLE 6. APARTMENT DISTRICTS 208 209 Sec. 601. Use regulations. 210 211 (a) Principal and conditional uses. The following chart lists those uses 212 permitted within the A-12 through A-36 Apartment Districts. Those uses and structures 213 in the respective apartment districts shall be permitted as either principal uses indicated 214 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an 215 "X" shall be prohibited in the respective districts. No uses or structures other than as 216 specified shall be permitted. 217 5 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 Use Assembly Uses Child care education centers in conjunction with public or private elementary schools or churches reliqious uses Churches Clubs, private :md/or athletic Lodges for fraternal organizations Reliqious Uses A-12 A-18 A-24 C C C P G X P G X P G G X X G C C C ARTICLE 8. OFFICE DISTRICTS Sec. 801. Use regulations. A-36 C P G G G C (a) Principal and conditional uses. The following chart lists those uses permitted within the 0-1 and 0-2 Office Districts. Those uses and structures in the respective Office Districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use Assembly Uses Child care education centers in connection with public or private elementary schools or churches reliqious uses Churches Museums, art galleries, auditoriums, arenas, ci'.'ic or cultural centors, historic exhibits, botanical gardens, parks, recreational facilities and the like, 01 C 02 C P G P G 6 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 when operated by a public agency or not for profit x P Private clubs and lodges, social centers, eleemosynary establishments and athletic clubs Xc G Reliqious Uses C C ARTICLE 9. BUSINESS DISTRICTS Sec. 901. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the B-1 through B-4K Business Districts. Those uses and structures in the respective business districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Assembly Uses /\uditoriums, assembly halls, arenas, and union Ralls B-1 B-1A B-2 C C C B-3 B-3A B-4 B-4C B-4K C C C C C Xc G ~ ~ ~ ~ ~ Xc Bingo halls Xc Xc G G Xc Xc G Xc Xc Churches Xc G G G G G G Private clubs, social eleemosynary establishments athletic clubs lodges, centors, and ~ ~ ~ ~ ~ ~ ~ ~ Reliqious Uses C C C C C C C C 7 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 ARTICLE 10. INDUSTRIAL DISTRICTS Sec. 1001. Use Regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the 1-1 and 1-2 Industrial Districts. Those uses and structures in the respective industrial districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." . . . Use 1-1 1-2 Bingo h311s G G ARTICLE 11. PLANNED DEVELOPMENT DISTRICTS B. PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT Sec. 1125. Allowed Uses. Within the PD-H2 District, only the following uses and structures shall be permitted: (c) Conditional uses. (1) Churches Reliqious Uses, provided that such use shall not be eligible for residential density credit; ARTICLE 15. RESORT TOURIST DISTRICTS B. RT -2 Resort Tourist District 8 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 Sec. 1511. Use regulations. (a) The following chart lists those uses permitted within the RT-2 Resort Tourist District as either principal uses, as indicated by a "P," or as conditional uses, as indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et seq.). . . . Use RT-2 Assemblv Uses Auditoriums and assembly halls C G Churches G Private clubs, lodges, social centers, eleemosynary establishments and athletic clubs Reliqious Uses Retail establishments, provided that adult bookstores shall be prohibited from locating within five hundred (500) feet of any Apartment or Residential zoning district, single- or multiple-family dwelling, church, reliqious use, park, or school G C P C. RT -3 RESORT TOURIST DISTRICT Sec. 1521. Use regulations. (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et seq.). Use RT-3 9 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 Assembly Uses Auditoriums and Assembly Halls C G Churches G Priv3te Clubs, social eleemosynary est3blishments athletic clubs lodgos, centers, and G Reliqious Uses C D. RT -4 RESORT TOURIST DISTRICT Sec. 1531. Use regulations. (c) Conditional uses and structures: Uses and structures hereinafter specified, subject to compliance with the provisions of part C of article 2 hereof: (2) Churches Reliqious Uses; Adopted by the Council of the City of Virginia Beach, Virginia on the 25th day of September, 2007. 10 - 41 - Item V-I.1. APPOINTMENTS ITEM #56878 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: John M. Baillio Edgar E. DeLong Glenda H. Knowles Stephen S. Mansfield William M. Walsh, Jr. 11/01/2007-10/31/2009 HISTORICAL REVIEW BOARD Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin Ron A. Villanueva, Rosemary Wilson and James I. Wood Council Members Voting Nay: None Council Members Absent: None September 25, 2007 - 42- Item V-I. 2. APPOINTMENTS ITEM #56879 BYCONSENSUS, City Council RESCHEDULED thefollowing APPOINTMENT: MINORITY BUSINESS COUNCIL September 25, 2007 - 43 - Item V-O ADJOURNMENT ITEM # 56880 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:40 P.M. ~ O. Y~.I/,.J -~---------------- Beverly 0. Hooks, CMC Chief Deputy City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia September 25, 2007