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MAY 12, 2009 II I CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" ITY COUNCIL , AlOR WILUAM D SHSSOMSJR, At-Large C/: MAYOR LOUIS R. JONES, Bayslde - District'; UNN R. DA VIS, Rose Hall- District 3 ILUAM R DeSTEPH, At-Large RRY E. DIEZEL, Kempsville - District 2 BERTM. DYER, CenterV/lle - District I RBARA M. HENLEY, Prmcess Anne District 7 HN t;. UHRIN, Beach District 6 N A. VILLANUEVA, At-Large SEMARY WILSON, At-Large FS L. WOOD, Lynnhaven -District 5 ITY COUNCIL APPOINTEES I7Y MANAGHR JAMhS K. SPORt; I7Y ATTORNH MARK D S7fUiS I7Y ASSHSSOR JERAUJ BANAGAN I1Y AUD170R UNDON S. Ri:MIAS I7Y CI,ERK RI f1H HOI)(j/;,S I'RASi:R. MMC CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-9005 PHONE, (757) 385-4303 FAX (757) 385-5669 E-MAIL: ctycncl@vbgov.com 12 MAY 2009 I. CITY COUNCIL BRIEFING - Conference Room - 3:00 PM A. NOISE ORDINANCE Mark Stiles, City Attorney II CITY COUNCIL LIAISON REPORTS II. CITY COUNCIL COMMENTS I . CITY COUNCIL AGENDA REVIEW V INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor William D, Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION I II "I V. FORMAL SESSION AGENDA - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Associate Pastor Larry Russell Freewill Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS April 28, 2009 G. AGENDA FOR FORMAL SESSION H. PRESENTATION HAMPTON ROADS ROTARY CLUB Robert Herd, Chair - 4 Way Test Committee I. PUBLIC HEARINGS 1. FY 2009-2010 RESOURCE MANAGEMENT PLAN FY 2009-2010 Operating and Capital Budgets 2. LEASES OF CITY OWNED PROPERTY a. 457 Rudder Road b. 461 Rudder Road c. 1409 Old Virginia Beach Road d. Foxwood DrivelS. Independence Blvd. - Timberlake Community Association, Inc. e. 205 Laskin Road - Jody's Popcorn J. CONSENT AGENDA II "I K. ORDINANCES/RESOLUTIONS 1. Ordinances re City Code: a. REPEAL S 33-17 and ADD a new Article II with S 23-63 through 23-73 to Chapter 23 re: Noise b. AMEND S 2-468 re: right-to-audit clauses in Contracts. 2. Ordinance to AUTHORIZE the City Manager to execute a Forbearance Agreement with Southeastern Public Service Authority (SPSA) re: payments owed the City in compliance with the 1984 Agreement for disposal of ash residue. 3. Resolution to PROVIDE for the issuance and sale of General Obligation Public Improvement Bonds, Series 2009, in the maximum amount of $80,000,000 re: financing various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects 4. Ordinances/Resolutions re: FY 2009-10 RESOURCE MANAGEMENT PLAN a. FY 2009-10 Operating Budget: 1. APPROPRIA TE for the Fiscal Year, beginning July 1, 2009 and ending June 30,2010, the sum of $1,763,292,679 for Operations and $617,334,358 in Interfund Transfers regulating the payment of money out of the City Treasury, as amended 2. EST ABLISH the tax levy on real estate for FY 2010 3. EST ABLISH the tax levy on personal property and machinery and tools for the Calendar Year 2010 4. AUTHORIZE the City Manager to submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development (HUD) 5. TRANSFER $8,800,000 from the School Reserve Special Revenue Fund to the FY 2008-09 General Fund Operating Budget 6. DECLARE $9,000,000 within the Sandbridge Tax Increment Financing District (TIF) as surplus funds in the FY 2008-09 Operating Budget 7. SUSPEND the Transition Area Special Revenue Fund 8. AUTHORIZE future budgets through an Annual rather than Biennial process 9. ELIMINATE ~ 2-186.1 of the City Code re: preparation of the budget h FY 2009-10 c ~ . II ADD ON 1. AUTHORIZE FY-2010IFY-2014 Capital Improvement Program (CIP); and, APPROPRIATE $236,429,109 for the FY 2010 Capital Budget, subject to funds being provided from various sources set forth therein 2. AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of $62,900,000 for various public facilities and general improvements 3. AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the maximum amount of $17,000,000 5. Ordinance to TRANSFER $150,000 from the FY 2008-09 General Fund Reserve for Contingencies to the Norfolk Southern Railway right-of-way survey re: environmental impact studies and additional survey costs. 6. Ordinance to AUTHORIZE the Virginia Beach Development Authority to award $400,000 to the Art Institute of Virginia Beach LLC and Armada/Hoffler Development Company re: development of The Art Institute of Virginia Beach at Town Center. 7. Ordinance to AUTHORIZE maximum amounts for the sale and rental of Workforce Housing Units. Ordinance to AMEND S 7-58 of the City Code re: operation of wheeled devices 8. Ordinance to AUTHORIZE a pilot program to establish a pedal cab service in and around the Resort Area from May 23,2009, through October 1,2009. 9. Ordinances to AUTHORIZE the City Manager to execute LEASES of City property: a. PIN MINISTRY re: affordable housing for two (2) PIN program residences at 457 and 461 Rudder Road. b. VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) re: affordable rental housing at 1409 Old Virginia Beach Road. c. TIMBERLAKE COMMUNITY ASSOCIATION, INC. re: storage of major recreational equipment at Foxwood Drive and South Independence Boulevard. d. JODY'S INC. re: outdoor seating area at 205 Laskin Road. "I L. PLANNING 1. Application of ROBERT BURKE for the Expansion of a Nonconforming Structure at 5504 Ocean Front Avenue re: additions of a second and third floor and to the existing detached garage (deferred by City Council on April 28, 2009). DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROV AL 2. Application of BEVERL Y ARMSTRONG for the Expansion of a Nonconforming Structure at 7300 73rd Street to ADD a second floor addition (deferred by City Council on March 10, 2009). DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROV AL 3. Application of REFORMED BAPTIST CHURCH OF VIRGINIA BEACH for a Conditional Use Permit re a church at portions of2230, 2234 and 2240 Salem Road and a parcel abutting the rear property line (deferred by City Council on April 28, 2009). DISTRICT 7 - PRINCESS ANNE. RECOMMENDATION APPROV AL 4. Application of Christian House of Prayer Virginia, Inc., for a Conditional Use Permit re: religious services in an existing building at 333 Edwin Drive. DISTRICT 3 - ROSE HALL RECOMMENDA TION: APPROV AL 5. Application of Ground Zero Church for a Conditional Use Permit to conduct religious services at 485 South Lynnhaven Road. DISTRICT 3 - ROSE HALL RECOMMENDA TION APPROV AL 6. Application of Faith Temple Church for a Conditional Use Permit re: church within an existing retail center at 152-B South Plaza Trail. DISTRICT 3 - ROSE HALL RECOMMENDA TION APPROV AL 7. Application of Harvey Orr for a Conditional Use Permit re: home occupation (designing and constructing custom made furniture) at 1545 Harbor View Cove. DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL I II II I 8. Application of Richmond 20MHZ, LLC., dba NTELOS for a Conditional Use Permit re: communications tower at 3429 Clubhouse Road. DISTRICT 3 - ROSE HALL RECOMMENDATION APPROV AL 9. Application of Euclid Properties, LLC for a Change of Zoning District from R-5D Residential Duplex to Conditional B-2 Community Business District re: constructing an addition to an existing office building at 4756 Euclid Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROV AL 10. Ordinance to AMEND S201 of the City Zoning Ordinance (CZO) re: setbacks for front porches and handicapped ramps RECOMMENDA TION APPROV AL 11. Ordinance to AMEND SIll and S225.1 of the City Zoning Ordinance (CZO) re: definition and requirements pertaining to the use of Bed and Breakfast Inns RECOMMENDA TION APPROV AL 12. Application of Church Point Manor, LLC., for a Modification of Condition Nos. 1 and 2 re: number of individuals in dining area and number of lodging rooms (approved by City Council on January 12, 1993 and March 12,1996) at 4001 Church Point Road DISTRICT 4 - BA YSIDE RECOMMENDA TION APPROV AL L. APPOINTMENTS CHESAPEAKE BAY ALCOHOL SAFETY PROGRAM HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT I II II II I ********************************** PUBLIC COMMENTS Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** *********** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Ag nda 05/12/2009.afb W ....vb'wv,com II I - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 12, 2009 Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL BRIEFING re NOISE ORDINANCE in the City Council Conference Room, Tuesday, May 12,2009, at 3:00 P.M Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D, Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Ron A. Villanueva [Entered.' 3:10 P.MJ Rosemary Wilson [Entered: 3:10 P.MJ May 12, 2009 II I - 2 - MAYOR'S INTRODUCTION ITEM # 58772 Mayor Sessoms introduced Steven Levine - Landstown High School, who is "shadowing" the Mayor and will be in attendance during the Informal City Council Session. May 12,2009 II I - 3 - CITY COUNCIL BRIEFING NOISE ORDINANCE ITEM # 58773 3:00 P.M. City Attorney Mark Stiles advised on April 17, 2009, the Supreme Court of Virginia recently held that the City's noise ordinance is unconstitutional because its prohibition of "unreasonable loud and unnecessary noise" is too vague to provide citizens notice of when their conduct would violate the ordinance. This Ordinance has been in existence for many years, This language rejected by the Supreme Court is referred to as a "reasonable person" standard and, until now has been commonly employed by localities throughout Virginia. Since this occurrence, the office has proceeded to seek reconsideration of the decision by the Supreme Court. In the meantime, the City Attorney recognizes that until and unless there is a reconsideration or some other type of action by the Court, there is no enforceable regulation governing excessive noise in the City. The Proposed ordinance, scheduled for today's Formal City Council Session, utilizes sound pressure levels (decibel meter readings) and audible distance measurements to determine violations. The proposed ordinance is the synthesis of a decibel based ordinance utilized by the City of Charlottesville and provisions drawn from a model ordinance prepared by the International Municipal Lawyers Association ("IMLA ") Challenges . Acquisition of sound level meters and training officers in their use Acquainting our citizens with the new standards Ensuring that sound levels utilized are appropriate. . May 12, 2009 II I - 4 - CITY COUNCIL BRIEFING NOISE ORDINANCE ITEM # 58773 (Continued) S23-69 Residential Structures Daytime (7:00 A.M. -10:00 P,M) maximum 65 dBA Nighttime (10:00 P,M. - 7:00 A.M) maximum 55dBA Measured inside structure, 4 feet from nearest wall, ceiling or floor; door closed, windows in normal seasonal position · Applies both to homes and to temporary dwellings (hotel/motel rooms) S23-70 Motor Vehicles · Sliding scale based on vehicle type and speed limit of area · Recognizes that some vehicles are, by their nature and design, louder than others and that sound levels can be speed dependent Also regulates sound generated by audio devices within vehicles, 923-71 Specific Prohibitions Limitation I!m! 1Qoonsecutlve seconds Ail 10 consecutive secondslhour Ail 10 minutes - residential Ail 16 minutes. - allQtller .",a$ Audible and dlscemlble60ol'l'ilofe feft sourC9 As noted, there is an exception for City sponsored or permitted events. It is not uncommon for the City to reserve to itself the right to sponsor activities which would violate the provisions of the noise ordinance. It is necessary to have this exception, otherwise events the public very much enjoys on public property could not take place i.e. this past weekend the City hosted a Monster Truck Show. This event could not take place if not for the exception. S 23-72 Restaurants and Bars . Applicable only after 11:00 P.M. Sound level over 75 dBA when measured from any public area, or Sound plainly audible from another property at distance of fifty (50) feet or more from exterior wall of restaurant . . This provision (S 23-72) is drawn from the Charlottesville Ordinance. May 12, 2009 II I - 5 - CITY COUNCIL BRIEFING NOISE ORDINANCE ITEM # 58773 (Continued) Penalty · A first offense under this ordinance would be Class 3 misdemeanor punishable by a fine of up to $500 · A second, or subsequent offense within one year, would be a Class 2 misdemeanor punishable by afine of up to $1,000 and/or ajail term of up to six months In addition, the City may seek an injunction against continuing violations of the ordinance City Attorney Stiles advised one of the provisions provides the Police Chief will issue regulations concerning calibration and use of the sound meters, This City Council will set the perimeters for noise enforcement. Police Chief A.M Jacocks advised Councilman Wood the equipment costs between $3,400 and $6,000 per unit. Tis is more expensive than anticipated. The type purchased at local radio supply stores would not be appropriate for enforcement. The intent would be to purchase one (1) device for each of the four (4) precincts, which would be brought to the scene of any potential violation. However, the Police hope to seek voluntary compliance by giving a warning. City Attorney Stiles advised the regulation of sound coming from an audio device within a vehicle is measured or will be determined utilizing the audibility standard. This is the last City Council voting session prior to the Memorial Day weekend and the commencement of the Summer Season. For these reasons, the time and ability to seek citizen comment has not been available. This Ordinance, however, has been advocated by a number of businesses in the Resort area. This Ordinance could be adopted on May Twelfth and as the enforcement is reviewed, this Ordinance could be amended. Forty (40) jurisdictions throughout Virginia are also adopting noise ordinances, It is important to have an Ordinance in place by the Memorial Day Weekend. Chief Jacocks advised the City Attorney was requested to craft an ordinance as quickly as possible prior to the Summer Season. Councilman Dyer suggested the procedure be examined, as Public Comment should be prior to the vote. Councilman Davis attended a Homeowners Association meeting approximately two (2) weeks ago which encompassed an hour of Questions and Answers. The members were interested in having a noise ordinance in place as quickly as possible, Councilman Wood attended a Civic League meeting and concurred re complaints of noise and the need for the Ordinance. Council Lady Wilson suggested this Ordinance be adopted, and perhaps after Labor Day hold a Town Hall meeting or some type of Public Hearing for comments concerning the effectiveness of this Ordinance. Councilman Villanueva expressed concern re enacting this Ordinance and then conducting a Town Hall Meeting. May 12, 2009 II I - 6 - CITY COUNCIL COMMENTS ITEM # 58774 3:48 P.M. Mayor Sessoms advised he WELCOMED the JOINT WARFIGHTING CONFERENCE at the Virginia Beach Convention Center, this morning, May 12, 2009. The Conference is being held May 12- 14, 2009: "Building a Balanced Joint Force: How Best to Meet Demands of the Future Security Environment?" There were nine hundred (900) or more attendees than the June Conference. This is a "conference within a conference" This format allows small businesses the opportunity to maximize their time by attending small business training sessions and participating in a larger conference and exhibition as well. All of the comments re service and facility were positive, Many of the attendees were from Northern Virginia. The businesses selling to the Military wished to be in Virginia Beach. With City Council's concurrence, the Mayor will request Economic Development needs to focus on bringing these businesses from Northern Virginia to Hampton Roads (Virginia Beach particularly). A large number of the participants live in Virginia Beach, but have apartments in Northern Virginia, as their Corporation is located in that vicinity. May 12, 2009 "I - 7 - AGE N DA REV IE W S E S S ION ITEM # 58775 3: 50 P.M. BY CONSENSUS, the following items shall compose the CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS 1. Ordinances re City Code: a. REPEAL ~ 33-17 and ADD a new Article II with ~ 23-63 through 23-73 to Chapter 23 re: Noise b. AMEND ~ 2-468 re: right-to-audit clauses in Contracts. 2. Ordinance to AUTHORIZE the City Manager to execute a Forbearance Agreement with Southeastern Public Service Authority (SPSA) re: payments owed the City in compliance with the 1984 Agreement for disposal of ash residue. 3. Resolution to PROVIDEfor the issuance and sale of General Obligation Public Improvement Bonds, Series 2009, in the maximum amount of$80, 000, 000 re: financing various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects 4, Ordinances/Resolutions re: FY 2009-10 RESOURCE MANAGEMENT PLAN a. FY 2009-10 Operating Budget: 1. APPROPRIATEfor the Fiscal Year, beginning July 1,2009, and ending June 30,2010, the sum of $1, 763,292,679 for Operations and $617,334,358 in Interfund Transfers regulating the payment of money out of the City Treasury, as amended 2, ESTABLISH the tax levy on real estate for FY 2010 3. ESTABLISH the tax levy on personal property and machinery and tools for the Calendar Year 2010 4. AUTHORIZE the City Manager to submit an Annual Funding Plan to the us. Department of Housing and Urban Development (HUD) 5. TRANSFER $8,800,000 from the School Reserve Special Revenue Fund to the FY 2008-09 General Fund Operating Budget 6. DECLARE $9,000,000 within the Sandbridge Tax Increment Financing District (TIF) as surplus funds in the FY 2008-09 Operating Budget May 12,2009 II I - 8 - AGE N DA REV I E W S E S S ION ITEM # 58775 (Continued) 7. SUSPEND the Transition Area Special Revenue Fund 8, AUTHORIZEfuture budgets through an Annual, rather than Biennial, process 9. ELIMINATE ~ 2-186.1 of the City Code re: preparation of the budget b. FY 2009-10 Capital Budget: 1. AUTHORIZE FY-20JO/FY-2014 Capital Improvement Program (CIP); and, APPROPRIATE $236,429,109 for the FY 2010 Capital Budget, subject to funds being providedfrom various sources set forth therein 2. A UTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of $62, 900, 000 for various public facilities and general improvements 3. AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the maximum amount of$17,000,000 5. Ordinance to TRANSFER $150,000 from the FY 2008-09 General Fund Reserve for Contingencies to the Norfolk Southern Railway right-of-way survey re: environmental impact studies and additional survey costs, 6. Ordinance to AUTHORIZE the Virginia Beach Development Authority to award $400,000 to the Art Institute of Virginia Beach LLC and Armada/Hoffler Development Company re: development of The Art Institute of Virginia Beach at Town Center. 7. Ordinance to A UTHORIZE maximum amounts for the sale and rental of Workforce Housing Units. ADD ON Ordinance to AMEND 97-58 of the City Code re: operation of wheeled devices 8. Ordinance to A UTHORIZE a pilot program to establish a pedal cab service in and around the Resort A rea from May 23,2009, through October 1,2009. 9. Ordinances to A UTHORIZE the City Manager to execute LEASES of City property; a. PIN MINISTRY re: affordable housingfor two (2) PIN program residences at 457 and 461 Rudder Road. b. VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) re: affordable rental housing at 1409 Old Virginia Beach Road. May 12, 2009 II "I - 9 - AGE N DA REV I E W S E S S ION ITEM # 58775 (Continued) c. TIMBERLAKE COMMUNITY ASSOCIATION, INC. re: storage of major recreational equipment at Foxwood Drive and South Independence Boulevard. d. JODY'S INC. re: outdoor seating area at 205 Laskin Road. Councilman Villanueva will vote a VERBAL NAY on Item K. 1a. (Noise Ordinance) Council Members DeSteph and Villanueva will vote a VERBAL NA Y on Item K 4a.l (FY 2009-10 Operating Budget: APPROPRIATE for the Fiscal Year, beginning July I, 2009 and ending June 30,2010, the sum of$1,763,292,679 for Operations and $617,334,358 in Interfund Transfers Councilman DeSteph will vote a VERBAL NAY on Item K4.a.5 (School Reserve Special Revenue Fund) Item K.4.a. 7 shall read "TEMPORARILY SUSPEND" the Transition Area Special Revenue Fund Item K.4.a.8 (Annual Budget rather than Biennial process) shall be DEFERRED until the City Council Session of June 9, 2009, BY CONSENT Item K.4.a.9. (preparation of Budget) shall be DEFERRED INDEFINITELY, BY CONSENT Mayor Sessoms DISCLOSED and will ABSTAIN pursuant to Section 2.2-3115(E), Code of Virginia re Item K9.d (Lease - JODY's INC) Mayor Sessoms will ABSTAIN from voting on this transaction because he is an officer of TowneBank, which is located at 297 Constitution Drive, and the leasee has obtained financing from TowneBank. Mayor Sessoms' correspondence of May 13, 2009, is hereby made a part of the record. Lynn Clements, Director - Department of Museums. advised a year ago the Department committed to the Union Kempsville Museum. There were three (3) educators, two (2) are vacant, with only one (1) on staff Therefore, only one educator has been lost. A curator is also available, If services are redeployed, the Department feels confident to house the artifacts of the Union Kempsville School at the Renaissance High School, Another individual will be hired to work with all the historic houses and the new facility. Mrs. Clements will be available during the Formal Session to respond to any citizen inquires. Catheryn Whitesell, Director - Management Services, distributed a one page summary for Princess Anne Road IV (CIP #2-305), which is hereby made a part of the record. May 12, 2009 II I - 10- AGE N DA REV IE W S E S S ION ITEM # 58776 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: L. PLANNING 1. Application of ROBERT BURKEfor the Exvansion of a Nonconforminz Structure at 5504 Ocean Front A venue re: additions of a second and third floor and to the existing detached garage (deferred by City Council on April 28, 2009). DISTRICT 5 - LYNNHA VEN 2. Application of BEVERLY ARMSTRONG for the Expansion of a Nonconforminz Structure at 7300 73rd Street to ADD a second floor addition (deferred by City Council on March 10,2009). DISTRICT 5 - LYNNHA VEN 3. Application of REFORMED BAPTIST CHURCH OF VIRGINIA BEACH for a Conditional Use Permit re a church at portions of 2230, 2234 and 2240 Salem Road and a parcel abutting the rear property line (deferred by City Council on April 28, 2009). DISTRICT 7 - PRINCESS ANNE. 4. Application of Christian House of Prayer Virginia, Inc., for a Conditional Use Permit re: religious services in an existing building at 333 Edwin Drive. DISTRICT 3 - ROSE HALL 5. Application of Ground Zero Church for a Conditional Use Permit to conduct religious services at 485 South Lynnhaven Road. DISTRICT 3 - ROSE HALL 6. Application of Faith Temple Church for a Conditional Use Permit re: church within an existing retail center at 152-B South Plaza Trail. DISTRICT 3 - ROSE HALL 7. Application of Harvey Orr for a Conditional Use Permit re: home occupation (designing and constructing custom made furniture) at 1545 Harbor View Cove. DISTRICT 1 - CENTERVILLE 8. Application of Richmond 20MHZ, LLC, dba NTELOS for a Conditional Use Permit re: communications tower at 3429 Clubhouse Road. DISTRICT 3 - ROSE HALL 9. Application of Euclid Properties, LLC for a Change of Zoning District from R- 5D Residential Duplex to Conditional B-2 Community Business District re; constructing an addition to an existing office building at 4756 Euclid Road. DISTRICT 2 - KEMPSVILLE May 12,2009 "I - 11 - AGE N DA REV IE W S E S S ION ITEM # 58776 (Continued) 10. Ordinance to AMEND 8201 of the City Zoning Ordinance (CZO) re: setbacks for front porches and handicapped ramps 11. Ordinance to AMEND 8111 and 8225. 1 of the City Zoning Ordinance (CZO) re: definition and requirements pertaining to the use of Bed and Breakfast Inns 12. Application of Church Point Manor, LLC., for a Modification of Conditions Nos. 1 and 2 re: number of individuals in dining area and number of lodging rooms (approved by City Council on January 12, 1993, and March 12, 1996) at 4001 Church Point Road DISTRICT 4 - BAYSIDE Item LJ (Reformed Baptist Church)) shall be APPROVED, BY CONSENT, with Revised Site Plan 05/07/09, stated in Condition 1. Item L5 (Ground Zero Church) shall be APPROVED, for 3 years only, BY CONSENT, with Revised Conditions. Item L6 (Faith Temple Church) shall APPROVED, for 3 years only, BY CONSENT, with Revised Conditions. Mayor Sessoms DISCLOSED and will ABSTAIN pursuant to Section 2.2-311 5(E), Code of Virginia re Item L 8. (Euclid Properties LLC) Mayor Sessoms will ABSTAIN from voting on this transaction because he is an Officer of TowneBank, which is located at 297 Constitution Drive, and the applicant has obtained financing from TowneBank. Mayor Sessoms' correspondence of May 13, 2009, is hereby made a part of the record Councilman DeSteph DISCLOSED and will ABSTAIN pursuant to Section 2.2-3115(E), Code of Virginia re Item L 12. (Church Point Manor, LLC.) Councilman DeSteph will ABSTAIN from voting on this transaction because he has a financial interest in the applicant. Councilman DeSteph's correspondence of May 13, 2009, is hereby made a part of the record/ May 12,2009 I' II I - 12 - ITEM # 58777 Mayor William D, Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2,2-3711 (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)(l) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and 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 City Property; Princess Anne District LEGAL MATTERS: Consultation with legal counsel and briefings by staff members, consultants, pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711 (A) (7). Southeastern Public Service Authority (SPSA) Sandbridge Sand Fences/Encroachments Rudee Loop Property Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 4:38 P.M. May 12,2009 "I - 13 - TEM # 58777 (Continued) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer Barbara M Henley. Vice Mayor Louis R. Jones, Mayor William D, Sessoms. Jr., John E. Uhrin. Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Closed Session: 4:45 P.M. - 5:40 P.M.) (Break: 4:40 P.M. - 4:45 P.M.) (Dinner: 5:40 P.M. - 6:00 P.M.) May 12.2009 II I - 14 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL May 12, 2009 6:00 P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 12, 2009, at 6:00 P.M Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D, Sessoms, Jr.. John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION.' Associate Pastor Larry Russell Freewill Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act 'J, it is his practice to thoroughly review each City Council agenda to identifY any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a "personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. 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 10, 2007, is hereby made a part of the record. May 12, 2009 "I - 15 - Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge, In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act. it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict, If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. May 12, 2009 "I - 16 - Item V-E. CERTIFICA TION ITEM # 58778 Upon motion by Councilman Dyer, seconded by Councilman DeSteph, 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, OnZv 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: 9-0 Council Members Voting Aye; Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D, Sessoms, Jr., Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Rosemary Wilson Council Members Absent: John E. Uhrin Council Lady Wilson ABSTAINED, as she was not in attendance during the majority of the Closed Session May 12, 2009 II I 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 #58777, Page 12, 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. NOff, 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. ~.~~ uth Hodges Fr~ser, MMC City Clerk May 12, 2009 II I - 17 - Item V-F.] ITEM # 58779 Upon motion by Councilman Dyer, , seconded by Councilman Villanueva, City Council APPROVED the MINUTES of the FORMAL SESSION of April 28, 2009. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay; None Council Members Absent: John E. Uhrin May 12, 2009 II I - 18 - Item V-G.l. ADOPT AGENDA FOR FORMAL SESSION ITEM # 58780 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED: Ordinance to AMEND S 7-58 of the City Code re: operation of wheeled devices May 12, 2009 II II - 19 - Item V-G.2. MA YOR's RECOGNITION ITEM # 58781 Mayor Sessoms RECOGNIZED the following Cub Scouts in attendance to earn their Communication and Citizen Activity Pins. Cub Scout Pack 14 Strawbridge Elementary School, Chowanoc District Esther Newcomb Den Leader - Weblos "Dragons" Scott Brinson Andrew Burford Francesco D'uggento Dyland Newcomb Emanuele Salamena Chad Strunk Nathanial Waggoner Mayor Sessoms presented each Scout with a City Seal Pin May 12, 2009 II "I - 20 - Item V-H. PRESENTATION ITEM # 58782 HAMPTON ROADS ROTARY CLUB Robert Herd, represented the Hampton Roads Rotary Club and President - S. William Rhode. Mr. Herd is Chair - 4 Way Test Committee. Mr. Herd presented the students enrolled in the Four-Way Test. Virquon Harold President - Student Cuncil Lanstown High School (Member of Interact Club) Alyssa Beda President - Interact Club Kempsvile High School The Four-Way Test of the things we think, say or do First: Is it the Truth? Second: Is it Fair to all concerned? Third Will it build Good Will and Better Friendships? Fourth Will it be Beneficial to all concerned? May 12,2009 II II - 21 - Item V-I.l. PUBLIC HEARING ITEM # 58783 Mayor Sessoms DECLARED A PUBLIC HEARING: FY 2009-2010 RESOURCE MANAGEMENT PLAN The following registered to speak: Keith Arnold, 1704 Eastborne Drive, Phone; 721-2543, Supervisor of the Fire and Life Safety Education Office. Mr. Arnold expressed concern re the proposal to eliminate one (1) position from the Life Safety Education, equating to less than one-tenth of 1% of the Fire Department budget ($1.33 per citizen for the programs delivered, less than $50,000). The National Fire Protection Association states that young children and older adults are the greatest risk for loss of life and energy due to fire, The programs of Fire and Life Safety address these areas, If this position is lost, sixteen (16) elementary schools have to be absorbed into a current program. Over 1,680 fewer senior citizens will receive fire and fault prevention education, as well as over 1, 225 fewer preschoolers. 3,700 fewer citizens in the community outreach programs and 127 fewer special needs citizens. 26.000 K - 3 Children in the City will have the program reduced to a one person presentation. 10,000 Fourth Grade Students will receive the shortened Fire Safety Education Program, Over the past fifteen (15) years, there has not been an increase in staff, but there has been an increase of over 41,000 citizens in Virginia Beach and nine (9) new elementary schools have been added. Service delivery has been increased by 51% to the citizens. Jackie Bowe, 1017 Fairlawn Avenue, Phone: 461-2958, represented the Union Kempsville High School and Museum group in the City. A significant part of the history of this City is requested to be saved. At the time, Union Kempsville was the only Minority High School in this entire City. This Museum would house the artifacts of the School and represent all citizens. This would be an educational base for all students. Edna M Hendrix, 965 Northwood Drive, Phone: 417-0565, local Historian who has compiled the history of Princess Anne County Training School. Ms, Hendrix requested all stand in support. Ms. Hendrix advised her father and brothers attended this school. This was the first and only American High School for African-Americans. A curator is needed to assure the correct history. Revenue would result in behalf of the City. There being no further speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING Lynn Clements, Director - Museums. advised in June 2005, the Virginia Beach Schools explored ways to commemorate and honor the Princess Anne Training School - Union Kempsville High School, which served African-American students from the 1930 's until 1969 (during the period of segregation and education). The school system is planning a $65-MILLION Renaissance High School project that will essentially destroy the remaining sections of the original school building located at Witchduck Road and Cleveland Street. The Committee has met regularly since its organization and meetings have included field trips to the Brewton High School in Williamsburg, which was also a segregation area school for Black students and the surviving Union Kempsville building. Many of the Committee Members are in attendance and in SUP PORT of this project. It was determined through investigation by an Architectural Historian that the surviving building was altered considerably and little architecture integrity remains, The School system will replicate the central part of the original building off the main lobby of the new school building that will be constructed on site, This will provide a 3,000 square foot area that will be usedfor displays and exhibits re the historic schools, the faculty, students, activities and community, which are part of their history, Thisfacility will also provide seatingfor approximately 50 people in the auditorium area for viewing a video presentation on the history of the school. The new facility is planned to open in January. May 12, 2009 I' II - 22 - Item V-I. I. PUBLIC HEARING ITEM # 58783 (Continued) The City operates three (3) historic house Museums and the Virginia Aquarium. Ms. Clements' department agreed a long time ago to manage the operations of this new facility. The Department of Museums participated in the elimination of a staffperson as did other departments. One of the Educators will be eliminated. There are three (3) existing positions as Museum Educators, one of which has been filled. There are two (2) vacant positions. One of the vacant positions will be eliminated. However, other position will be hired. There will be two (2) full time Educators, part time staff and wonderful volunteers. With redeployment of existing resources, the operation of the Museum will be covered and the community will be proud Councilman Villanueva advised, on behalf of himself, the Minority Business Council and our Human Rights Commission Liaisons, an invitation was extended to support this effort. The City's is co- sponsoring the City's Black Expo at the Convention Center in August and the Minority Business Expo in November. Concerning the Fire Education and Life Safety position, the City Manager advised the plan is to challenge the staff to be creative and involve either retired educators from the School system, or retired fire fighters to supplement the staff re this education. Council Lady Henley advised it was agreed that a report would be provided prior to this Operating Budget taking effect, to determine success in attracting the Volunteers necessary to complete the void. This report SHALL be provided by July First. May 12,2009 I' Item V-I.2.a-e PUBLIC HEARING - 23 - ITEM # 58784 Mayor Sessoms DECLARED a PUBLIC HEARING: LEASES OF CITY OWNED PROPERTY a. 457 Rudder Road b. 461 Rudder Road c. 1409 Old Virginia Beach Road d. Foxwood DrivelS. Independence Blvd.- Timberlake Community Association, Inc. e. 205 Laskin Road - Jody's Popcorn THERE BEING NO SPEAKERS, Mayor Sessoms CLOSED THE PUBLIC HEARING. II May 12.2009 I, II - 24- Item V-K. ORDINANCES/RESOLUTIONS ITEM # 58786 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1a/1b, 2, 3, Resource Management Plan 4a.1, 2, 3, 4, 5, 6, 7, 8 and 9, Capital Budget 4b 1,2,3, Ordinances: 5, 6, 7, 7a (ADD-ON), 8, and 9a-d of the CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R, Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor William D. Sessoms, Jr., Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin Councilman Uhrin left at 6:27 P,M to await the birth of his baby girl. Councilman Villanueva will vote a VERBAL NAY on Item K. 1a. (Noise Ordinance) Council Members DeSteph and Villanueva will vote a VERBAL NAY on Item K 4a.1 (FY 2009-10 Operating Budget: APPROPRIA TE for the Fiscal Year, beginning July 1, 2009 and ending June 30,2010, the sum of$1,763,292,679 for Operations and $617,334,358 in Interfund Transfers Councilman DeSteph will vote a VERBAL NAY on Item K4.a.5 (School Reserve Revenue Fund) Item K. 4. a. 7 shall read "TEMPORARILY SUSPEND" the Transition Area Special Revenue Fund Item KA.a.8 (Annual Budget rather than Biennial process) shall be DEFERRED until the City Council Session of June 9, 2009, BY CONSENT Item KA.a.9. (preparation of Budget) shall be DEFERRED INDEFINITELY, BY CONSENT. Mayor Sessoms DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(E), Code of Virginia re Item K9.d (Lease - lODY's INC) Mayor Sessoms ABSTAINED from voting on this transaction because he is an officer of TowneBank, which is located at 297 Constitution Drive, and the leasee has obtained financing from TowneBank. Mayor Sessoms' correspondence of May 13, 2009, is hereby made a part of the record. May 12. 2009 II II - 25 - Item V-K.1.a. ORDINANCES/RESOL UTIONS ITEM # 58787 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to REPEAL 8 33-17 and ADD a new Article II with 8 23-63 through 23-73 to Chapter 23 re: Noise Voting: 9-1 (By Consent) Council Members Voting Aye: Glenn R. Davis. William R. "Bill" DeSteph. Harry E. Diezel. Robert M Dyer. Barbara M Henley, Vice Mayor Louis R. Jones. Mayor William D. Sessoms, Jr,. Rosemary Wilson and James L Wood Council Members Voting Nay: Ron A. Villanueva Council Members Absent: John E. Uhrin May 12, 2009 I' II 1 AN ORDINANCE TO REPEAL CITY CODE SECTION 33-17 2 AND ADD A NEW ARTICLE II, CONSISTING OF SECTIONS 3 23-63 THROUGH 23-73, TO CHAPTER 23 OF THE CITY 4 CODE, PERTAINING TO NOISE 5 6 SECTION REPEALED: ~ 33-17 7 8 SECTIONS ADDED: ~~ 23-63 to 23-73 9 10 WHEREAS, excessive sound vibration and inadequately controlled noise are 11 serious hazards to the public health, safety and welfare, and a source of annoyance to 12 the populace; and 13 WHEREAS, the residents of and visitors to the City of Virginia Beach are entitled 14 to an environment free from excessive sound vibration and inadequately controlled 15 noise that may endanger their health or welfare, or degrade their quality of life, comfort, 16 repose or peace; and 17 WHEREAS, it is the policy of the City of Virginia Beach to protect the health, 18 safety and welfare of its residents and visitors and to promote an environment free from 19 sound and noise disruptive of peace and good order; and 20 WHEREAS, it is the policy of the City of Virginia Beach to prevent excessive 21 noise that may endanger the health or welfare, or degrade the quality of life, comfort, 22 repose or peace of residents and visitors; 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That Section 33-17 of the City Code is hereby repealed, and a new Article II is 27 added to Chapter 23 ("Offenses"), pertaining to noise restrictions, which shall read as 28 follows: 29 30 Chapter 23. OFFENSES MISCELLANEOUS 31 32 ARTICLE I. MISCELLANEOUS OFFENSES 33 34 35 36 ARTICLE II. NOISE 37 38 Sec. 23-63. Declaration of findings and policy. 39 40 City council hereby finds and declares that excessive sound is a serious hazard 41 to the public health. welfare. peace and safety and the quality of life: that a substantial 42 body of science and technoloQV exists bv which excessive sound may be substantiallv I' II 43 abated; that the people have a riqht to and should be ensured an environment free from 44 excessive sound that may ieopardize the public health. welfare. peace and safety or 45 deqrade the quality of life; and that it is the policy of the city to prevent such excessive 46 sound. 47 48 Sec. 23-64. Definitions. 49 50 The followinq words. terms and phrases. when used in this article. shall have the 51 meaninqs ascribed to them in this section. except where the context clearly indicates a 52 different meaninq: 53 54 A-weiGhted sound level means the sound pressure level in decibels as 55 measured on a sound level meter usinq the A-weiqhtinq network. The level so read is 56 desiqnated dB(A) or dBA. 57 58 BackGround noise level shall mean the aqqreqate of all sound sources impactinq 59 at the place where a specific sound qeneration is measured or evaluated. excludinq the 60 specific sound qeneration itself. 61 62 Decibel (dB) means a unit for measurinq the volume of a sound. equal to twenty 63 (20) times the loqarithm to the base ten (10) of the ratio of the pressure of the sound 64 measured to the reference pressure. which is twenty (20) micropascals (twenty (20) 65 micronewtons per square meter). 66 67 Emeraency means any occurrence or set of circumstances involvinq actual or 68 imminent physical iniury or illness or property damaqe that requires immediate action. 69 70 Emeraency work means any work performed for the purpose of preventinq or 71 alleviatinq the physical iniury or illness or property damaqe threatened or caused by an 72 emerqency. 73 74 Gross vehicle weiGht ratinG (GVWR) means the value specified by the 75 manufacturer as the recommended maximum loaded weiqht of a sinqle motor vehicle. 76 In cases where trailers and tractors are separable. the qross combination weiqht ratinq 77 (GCWR). which is the value specified by the manufacturer as the recommended 78 maximum loaded weiqht of the combination vehicle. shall be used. 79 80 Instrument. machine or device means and refers to any musical instrument. 81 radio. phonoqraph. compact disc player. cassette tape player. amplifier or any other 82 machine or device for producinq. reproducinq or amplification of sound. 83 84 Motor carrier vehicle enGaGed in interstate commerce means any vehicle for 85 which requlations apply pursuant to section 18 of the Federal Noise Control Act of 1972 86 (P.L. 92-574). as amended. pertaininq to motor carriers enqaqed in interstate 87 commerce. 88 I; II 89 Motorcvcle means any motor vehicle desiqned to travel on not more than three 90 (3) wheels in contact with the qround and any four-wheeled vehicle weiqhinq less than 91 five hundred (500) pounds and equipped with an enqine of less than six (6) horsepower, 92 exceptinq farm tractors. 93 94 Motor vehicle means any self-propelled device or device desiqned for self- 95 propulsion, upon or by which any person or property is or may be drawn or transported 96 upon a street or hiqhway, except devices moved by human power or used exclusively 97 upon stationary wheels or tracks. 98 99 Noise means any sound which annoys or disturbs humans or which causes or 100 tends to cause an adverse psycholoqical or physioloqical effect on humans. 101 102 Public area means any real property owned by the qovernment, includinq, but not 103 limited to. public riqhts-of-way. sidewalks, parks, and buildinqs. 104 105 Residential dwellinq means any buildinq or other structure in which one or more 106 persons resides on a permanent or temporary basis, includinq. but not limited to, 107 houses. apartments. condominiums, hotels. and motels. 108 109 Restaurant means any buildinq or structure where in the normal course of 110 business food or drink is available for eatinq on the premises, in consideration for 111 payment. For purposes of this chapter, the term restaurant includes. but is not limited 112 to. bars. lounqes, taverns. coffee shops and cafes. 113 114 Sound means an oscillation in pressure. particle displacement. particle velocity or 115 other physical parameter, in a medium with internal forces that causes compression and 116 rarefaction of that medium. The description of sound may include any characteristic of 117 such sound. includinq duration, intensity and frequency. 118 119 Sound qeneration means any conduct, activity or operation. whether human, 120 mechanical. electronic or other. and whether continuous. intermittent or sporadic. and 121 whether stationary or ambulatory in nature. which produces or results in an audible 122 sound. 123 124 Sound level means the weiqhted sound pressure level obtained by the use of a 125 sound level meter and the A-frequency weiqhtinq network. as specified in American 126 National Standards Institute specifications for sound level meters. 127 128 Sound level meter means an instrument which includes a microphone. amplifier, 129 RMS detector. inteqrator or time averaqer, output meter and weiqhtinq networks used to 130 measure sound pressure levels. 131 132 133 I, II 134 Sec. 23-65. Administration and enforcement. 135 136 The police department shall be responsible for enforcement of the noise control 137 proqram established by this article and may be assisted by other city departments as 138 required. 139 140 Sec. 23-66. Violations. 141 142 (a) Any person who violates any provision of this article shall be deemed to be 143 quilty of a Class 3 misdemeanor for a first offense. Any person who violates a provision 144 of this article within one (1) year after a previous conviction under this article shall be 145 Quilty of a Class 2 misdemeanor. 146 147 (b) The person operatinq or controllinq a noise source shall be quilty of any 148 violation caused by that source. If that cannot be determined, any owner, tenant, 149 resident or manaqer physically present on the property where the violation is occurrinq 150 is rebuttably presumed to be operatinq or controllinq the noise source. 151 152 (c) In addition to and not in lieu of the penalties prescribed in this section, the 153 city may apply to the circuit court for an iniunction aqainst the continuinq violation of any 154 of the provisions of this article and may seek any other remedy or relief authorized by 155 law. 156 157 Sec. 23-67. Exceptions. 158 159 No provisions of this article shall apply to (1) the emission of sound for the 160 purpose of alertinq persons to the existence of an emerqency; (2) the emission of sound 161 in the performance of emerqency work; (3) activities sponsored by the City; (4) activities 162 authorized by a permit issued by the City; or (5) activities for which the requlation of 163 noise has been preempted by federal law. 164 165 Sec. 23-68. Use of sound level meters. 166 167 The decibel level of any noise requlated by this article shall be measured by a 168 sound level meter. In order to implement and enforce this article effectively, the chief of 169 police shall promulqate standards and procedures for usinq and testinq sound level 170 meters used in the enforcement of this article. 171 172 Sec. 23-69. Maximum sound levels and residential dwellinQs. 173 174 (a) Niqhttime. No person shall permit, operate or cause any source of sound to 175 create a sound level that can be heard in another person's residential dwellinq durinq 176 the hours between 10:00 p.m. and 7:00 a.m. in excess of 55 dBA when measured 177 inside the residence at least four (4) feet from the wall nearest the source, with doors to 178 the receivinq area closed and windows in the normal position for the season. 179 I' II 180 (b) Daytime. No person shall permit, operate or cause any source of sound to 181 create a sound level in another person's residential dwellinq durinq the hours between 182 7:00 a.m. and 10:00 p.m. in excess of 65 dBA when measured inside the residence at 183 least four (4) feet from the wall nearest the source, with doors to the receivinq area 184 closed and windows in the normal position for the season. 185 186 (c) Measurements in multifamilv dwellinGs or mixed use structures. In a 187 structure used as a multifamilv dwellinq or a mixed use structure, the police department 188 may take measurements to determine sound levels from common areas within or 189 outside the structure or from other dwellinq units within the structure, when requested to 190 do so bv the residential occupant in possession and control thereof. Such 191 measurement shall be taken at a point at least four (4) feet from the wall. ceilinq or floor 192 nearest the noise source, with doors to the receivinq area closed and windows in the 193 normal position for the season. 194 195 (d) Exemptions. The followinq activities or sources of noise shall be exempt 196 from the daytime prohibition set forth in subsection (b) of this section: 197 198 (1) Band performances or practices, athletic contests or practices and other 199 school-sponsored activities on the qrounds of public or private schools, colleqes, or 200 universities. 201 202 (2) Athletic contests and other officiallv sanctioned activities In city parks or 203 facilities. 204 205 (3) Activities related to the construction, repair, maintenance, remodelinq or 206 demolition, qradinq or other improvement of real property. 207 208 (4) Gardeninq, lawn care, tree maintenance or removal, and other landscapinq 209 activities. 210 211 (5) Aqricultural activities. 212 213 (6) Church bells, carillons, or calls to worship bv other sound-producinq devices. 214 215 (7) Reliqious or political qatherinqs to the extent that those activities are 216 protected bv the First Amendment to the United States Constitution. 217 218 (8) Public transportation, refuse collection and sanitation services. 219 220 Sec. 23-70. Motor vehicle maximum sound levels; amplified sound from vehicles. 221 222 (a) No person shall operate or cause to be operated a public or private motor 223 vehicle or motorcvcle on a public riqht-of-wav at any time in such a manner that the 224 sound level emitted bv the motor vehicle or motorcvcle. when measured at a distance of 225 fifty (50) feet or more, exceeds the level set forth in the followinq table: III II 226 227 TABLE INSET: 228 Sound level in dBA Vehicle Class Speed limit 35 Speed limit over MPH or less 35 MPH All motor vehicles of GVWR or GCWR of ~ 90 6,000 Ibs. or more Anv motorcvcle 82 86 Anv other motor vehicle or any combination of ZL 82 vehicles towed bv any motor vehicle - 229 230 (b) This section shall not applv to any motor carrier vehicle enqaqed In 231 interstate commerce. 232 233 (c) Notwithstandinq any other provisions of this section or article, it shall be 234 unlawful for any person to plav or operate, or permit the plavinq, use or operation of, 235 any radio, tape plaver, compact disc plaver, loud speaker or other electronic device 236 used for the amplification of sound, which is located within a motor vehicle beinq 237 operated or parked on public or private property within the city. includinq any public or 238 private street or allev. in such a manner as to be audible to the human ear at a distance 239 of one hundred (100) or more feet from the vehicle in which it is located. 240 241 The provisions of this subsection shall not applv to motor vehicles driven in a 242 dulv authorized parade, nor to motor vehicle alarms or other security devices, nor to the 243 emission of sound for the purpose of alertinq persons to the existence of an emerqencv 244 or the emission of sound in the performance of emerqencv work. 245 246 Sec. 23-71. Specific prohibitions. 247 248 The followinq acts are declared to be violations of this article. This enumeration 249 shall not be construed to limit, in any way, the qeneral prohibitions contained in Section 250 23-69: 251 (a) Vehicle horns, siGnalinG devices and similar devices. Soundinq any horn, 252 siqnalinq device. or similar device on any automobile. motorcvcle or other vehicle on 253 any riqht-of-wav or in any public space continuouslv or intermittentlv for more than ten 254 (10) consecutive seconds. except when the soundinq of any such device is intended as 255 a danqer warninq. 256 (b) Non-emeraencv siGnalinG devices. Soundinq or permittinq the soundinq 257 of any amplified siqnal continuouslv or intermittentlv from any bell, chime, siren. whistle 258 or similar device intended primarilv for non-emerqencv purposes from any one location 259 for more than ten (10) consecutive seconds in any hourlv period; provided, however. II II 260 that this subsection shall not apply to the soundinQ of such devices by reliQious uses or 261 by public bodies or aQencies for testinQ, traffic control or other public purposes. 262 (c) Ememency siqnalinq devices. security. bumlar and fire alarms. etc. 263 SoundinQ or permittinQ the continuous or intermittent soundinQ outdoors of any 264 emerQency siQnalinQ device, or any security, burQlar or fire alarm, siren, whistle, or 265 similar device, includinQ without limitation any motor vehicle security alarm, siren, 266 whistle, or similar device, for a period in excess of ten (10) minutes in any residential 267 area and fifteen (15) minutes in any other area. except in response to a burQlary, 268 attempted burQlary, fire. or other emerQency. 269 (d) Audio and audio-visual devices, musical instruments, etc. The playinQ of 270 any television, boom box, stereo, phonoQraph, radio, tape player, compact disc player, 271 MP3 player, video player, musical instrument, drum, or any other device that produces, 272 reproduces or amplifies sound, includinQ any such device in a motor vehicle, where the 273 sound is plainly audible to any person other than the players(s) or operator(s) of the 274 device and those who are voluntarily IisteninQ to the sound and is plainly audible and 275 discernable at a distance of fifty (50) feet or more from the source of the sound; 276 provided, however that the provisions of this subsection shall not apply to any outdoor 277 performance, parade, QatherinQ, dance, concert, show, sportinQ event, or other event 278 sponsored by the city or for which the city has Qranted a permit. 279 280 (e) Noise-sensitive areas. The makinQ of any unreasonably loud and raucous 281 noise within two hundred (200) feet of any school. place of worship, court, hospital, 282 nursinQ home, or assisted-livinQ facility while the same is beinQ used as such, that 283 interferes with the workinQs of the institution. 284 (f) Construction equipment. The operation of any bulldozer, crane, backhoe, 285 front loader, pile driver. iackhammer, pneumatic drill. or other construction equipment 286 between the hours of 9:00 p.m. and 7:00 a.m. except when operated in the course of 287 emerQency work or as authorized by the City ManaQer. 288 289 Sec. 23-72. Sound levels; restaurants. 290 291 No person shall permit, operate or cause any source of sound to create a sound 292 level emanatinQ from a restaurant durinQ the hours between 11 :00 p.m. and 7:00 a.m. 293 (1) in excess of seventy-five (75) dB(A) when measured from any public area, includinQ 294 but not limited to adiacent streets or sidewalks; or (2) that is plainly audible and 295 discernable at a distance of fifty (50) feet from any of the restaurant's external walls 296 when measured from any property other than the property on which the restaurant is 297 located. 298 299 I' II 300 Sec. 23-73. Severability. 301 302 A determination of invalidity or unconstitutionality by a court of competent 303 iurisdiction of any clause, sentence, paraqraph, section or part of this article shall not 304 affect the validity of the remaininq parts thereto. 305 306 Chapter 33. STREETS AND SIDEWALKS 307 308 309 310 Soc. 33 17. Portions of streets as Quiot zonas. 311 312 (a) That portion of any street within three hundred (300) foet of any church or 313 hospital shall constitute a "quiet zone" and it shall be unlavtful for any person to make 314 unnecessary or loud noise within such a quiet zone adjacent to any church from 6:00 315 a.m. to 1 :00 p.m. and from 7:30 p.m. to 9:00 p.m. on Sundays, and \o\'ithin such a quiet 316 zona adjacent to a hospital at any time. 317 (b) The churches and hospitals to which this section applies may keep upon 318 such streets the necessary signs to notify the public of the existence of a quiet zone. 319 Such signs shall be approved by the director of public works. 320 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of May, 2009. II II - 26- Item V-K.l.b. ORDINANCES/RESOLUTIONS ITEM # 58788 Upon motion by Vice Mayor Jones. seconded by Councilman Dyer. City Council ADOPTED: Ordinance to AMEND ~ 2-468 re: Right-To-Audit clauses in Contracts Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis. William R. "Bill" DeSteph. Harry E. Diezel. Robert M Dyer. Barbara M Henley, Vice Mayor Louis R. Jones. Mayor William D. Sessoms, Jr.. Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin May 12, 2009 II II I 1 AN ORDINANCE TO AMEND SECTION 2 2-468 OF THE CITY CODE PERTAINING TO 3 RIGHT-TO-AUDIT 'CLAUSES IN CITY 4 CONTRACTS 5 6 SECTIONS AMENDED: 9 2-468 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 2-468 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 2-468. Access to employees, records and property. 15 16 17 18 (b) Onqoinq service, construction, architecture and enqineerinq, and franchise AU 19 contracts with outside contractors shall contain a "right-to-audit" clause aflG.-providelD.g 20 the city auditor access to the contractor's records relating to or pertaining to the contract 21 as well as records relatinq to or pertaininq to property and equipment purchased in 22 whole or in part with governmental funds in the performance of the contract. Riqht-to- 23 audit clauses shall be included in other city contracts where the facts and circumstances 24 support the need for the provision. 25 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on this 12th day of May, 2009. I, II - 27 - Item V-K.2. ORDINANCES/RESOL UTIONS ITEM # 58789 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to execute a Forbearance Agreement with Southeastern Public Service Authority (SPSA) re: payments owed the City in compliance with the 1984 Agreement for disposal of ash residue. Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin May 12, 2009 I: II 1 AN ORDINANCE TO APPROVE A FORBEARANCE 2 AGREEMENT BETWEEN THE CITY AND THE 3 SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 8 That the City Council hereby authorizes the City Manager to execute a 9 Forbearance Agreement with the Southeastern Public Service Authority of Virginia in 10 accordance with the Summary of Terms attached hereto and such other terms and 11 conditions deemed necessary and sufficient by the City Manager and in a form deemed 12 satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of Mav 2009. APPROVED AS TO CONTENT: APPROVED AS SUFFICIENCY: TO LEGAL 9~M.~ Finance ~D.~ City Attorney's Office CA11130 R-2 May 5, 2009 I, "I SUMMARY OF TERMS PARTIES: City of Virginia Beach and SPSA PURPOSE: The City Agrees to forbear SPSA's payment of amounts owed to the City under the parties' 1984 Agreement for Disposal of Ash and Process Residue TERMS . Maximum amount to be deferred is $26.6 million. . Forbearance period is through June 30, 2010. . Repayment begins October 2010 and will be complete before December 31, 2015. . Interest charged beginning July 1, 2010 at a rate that equals 2% more than average of interest rates on two-year Treasury Notes between July 1, 2005 and July 1, 2010. . Amount defined will be reflected in a Junior Subordinated Note and secured by pledge of SPSA's net revenues. . Right to repayment is on parity with right of other localities to recover amounts paid pursuant to their guarantees and subordinate to net revenue pledge securing SPSA bond debt (including VRA bond issuance). . Contains a rate covenant whereby SPSA agrees to fix, charge and collect sufficient fees to pay all debt, including the Junior Subordinate Note. Iii II - 28 - Item V-K.3. ORDINANCES/RESOL UTIONS ITEM # 58790 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to PROVIDE for the issuance and sale of General Obligation Public Improvement Bonds, Series 2009, in the maximum amount of $80,000,000 re: financing various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects. Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr" Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin May 12, 2009 I" II RESOLUTION OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PROVIDING FOR THE ISSUANCE AND SALE OF A SERIES OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 2009, HERETOFORE AUTHORIZED, IN THE MAXIMUM AMOUNT OF $80,000,000, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF The issuance of $63,800,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 9, 2006, which amount was subsequently reduced to $59,800,000 by ordinance adopted on May 15,2007, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $52,397,407 of which bonds have been issued and sold. The issuance of $63,800,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 15,2007, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $6,350,705 of which bonds have been issued and sold. The issuance of $68,700,000 of bonds of the City of Virginia Beach, Virginia (the "City") was authorized by an ordinance adopted by the City Council of the City of Virginia Beach, Virginia (the "City Council") on May 13,2008, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which bonds have been issued and sold. It has been recommended to the City Council by representatives of Government Finance Associates, Inc. (the "Financial Advisor") that the City issue and sell a series of general obligation public improvement bonds in the maximum principal amount of $80,000,000. The City Council has determined it is in the City's best interest to issue and sell $7,402,593 of the bonds authorized on May 9, 2006; $57,449,295 of the bonds authorized on May 15,2007; and up to $15,148,112 of the bonds authorized on May 13,2008. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter (Chapter 147 of the Acts of the General Assembly of 1962, as amended) and the Public Finance Act of 1991 (Chapter 26, Title 15.2, Code of Virginia of 1950, as amended), general obligation public improvement bonds of the City in the maximum principal amount of $80,000,000 (the "Bonds"). The proceeds of the Bonds will be used to provide funds to finance, in part, the costs of various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements, as II more fully described in the ordinances authorizing the Bonds adopted on May 9, 2006, May 15, 2007 and May 13, 2008 (collectively, the "Project"), and the costs incurred in connection with issuing the Bonds. 2. Bond Details. The Bonds shall be designated "General Obligation Public Improvement Bonds, Series 2009," or such other designation as may be determined by the City Manager, shall be in registered form, shall be dated such date as may be determined by the City Manager, shall be in denominations of $5,000 and integral multiples thereof and shall be numbered R-l upward. Subject to Section 8, the issuance and sale of the Bonds are authorized on terms as shall be satisfactory to the City Manager; provided, that the Bonds (a) shall have a "true" or "Canadian" interest cost not to exceed 5.5% (taking into account any original issue discount or premium), (b) shall be sold to the purchaser thereof at a price not less than 99.0% of the principal amount thereof, (c) shall be subject to optional redemption beginning no later than and continuing after June 1, 2019 at an optional redemption price of no more than 102% of the principal amount to be redeemed plus accrued interest to the optional redemption date, and (d) shall mature annually in installments through serial maturities or mandatory sinking fund payments beginning no later than June 1,2010, and ending no later than June 1,2029. Principal of the Bonds shall be payable annually on dates determined by the City Manager. Each Bond shall bear interest at such rate as shall be determined at the time of sale, calculated on the basis of a 360-day year of twelve 30-day months, and payable semiannually on dates determined by the City Manager. Principal shall be payable to the registered owners upon surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined). Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar on a date prior to each interest payment date that shall be determined by the City Manager (the "Record Date"). Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. Initially, one Bond certificate for each maturity of the Bonds shall be issued to and registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its nominee. The City has heretofore entered into a Blanket Issuer Letter of Representations relating to a book-entry system to be maintained by DTC with respect to the Bonds. "Securities Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant to this Section 2. In the event that (a) the Securities Depository determines not to continue to act as the securities depository for the Bonds by giving notice to the Registrar, and the City discharges its responsibilities hereunder, or (b) the City, in its sole discretion, determines (i) that beneficial owners of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities Depository, then the City's Director of Finance shall, at the direction of the City, attempt to locate another qualified securities depository to serve as Securities Depository and authenticate and deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate and deliver certificated Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Section 5; provided, that such form shall provide for interest on the Bonds to be payable (A) from the date of the Bonds if they are authenticated prior to the first interest payment date, or (B) from the interest payment date that is or immediately precedes the date on which the Bonds are authenticated (unless payment of -2- "I interest thereon is in default, in which case interest on such Bonds shall be payable from the date to which interest has been paid). In delivering certificated Bonds, the City's Director of Finance shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 7. So long as there is a Securities Depository for the Bonds, (1) it or its nominee shall be the registered owner of the Bonds, (2) notwithstanding anything to the contrary in this Resolution, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges, and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (3) the Registrar and the City shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (4) references in this Resolution to registered owners of the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Bonds, and (5) in the event of any inconsistency between the provisions of this Resolution and the provisions of the above-referenced Blanket Issuer Letter of Representations, such provisions of the Blanket Issuer Letter of Representations, except to the extent set forth in this paragraph and the next preceding paragraph, shall control. 3. Redemption Provisions. (a) Optional Redemption. The Bonds shall be subject to redemption prior to maturity at the option of the City Manager, in whole or in part, at any time on and after dates, if any, determined by the City Manager, with the first such optional redemption date beginning no later than June 1, 2019 as set forth in Section 2 at a redemption price equal to the principal amount to be redeemed, together with any interest accrued to the date fixed for redemption, plus a redemption premium not to exceed 2% of the principal amount to be redeemed, such redemption premium to be determined by the City Manager. (b) Mandatory Sinking Fund Redemption. Any term bonds may be subject to mandatory sinking fund redemption upon terms determined by the City Manager. If so determined by the City Manager, the Bonds may provide that the City may take a credit against the mandatory sinking fund redemption obligation of any maturity of term Bonds in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit. If the City wishes to take such a credit, on or before the 70th day next preceding any such mandatory sinking fund redemption date, the City's Director of Finance may instruct the Registrar to apply a credit against the City's mandatory sinking fund redemption obligation for any Bonds of the applicable maturity that have been optionally redeemed or surrendered for cancellation by the City and have not been previously applied as a credit against any mandatory sinking fund redemption obligation for that maturity of the Bonds. Each Bond so previously optionally redeemed or surrendered shall be credited at 100% of the principal amount thereof against the principal amount of such maturity of the Bonds required to be redeemed on such mandatory sinking fund redemption date or dates for such maturity as may be selected by the Director of Finance. -3- II ( c) Selection of Bonds for Redemption. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all of a particular maturity of the Bonds are called for redemption, the Bonds within such maturity to be redeemed shall be selected by the Securities Depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. (d) Redemption Notices. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the registered owner of the Bonds. The City shall not be responsible for mailing notice of redemption to anyone other than DTC or another qualified Securities Depository or its nominee unless no qualified Securities Depository is the registered owner of the Bonds. If no qualified Securities Depository is the registered owner of the Bonds, notice of redemption shall be mailed to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender thereof. 4. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Mayor or Vice-Mayor, shall be countersigned by the manual or facsimile signature of the City Clerk or Deputy Clerk, and the City's seal shall be affixed thereto or a facsimile thereof printed thereon; provided, that if both of such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the manual signature of the City Treasurer, as Registrar, or an authorized officer or employee of any bank or trust company serving as successor Registrar and the date of authentication noted thereon. 5. Bond Form. The Bonds shall be in substantially the form attached to this Resolution as Exhibit A, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by the execution and delivery of the Bonds. 6. Pledee of Full Faith and Credit. The full faith and credit of the City are irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay when due the principal of, premium, if any, and interest on the Bonds. 7. Reeistration. Transfer and Owners of Bonds. The City Treasurer IS appointed paying agent and registrar for the Bonds (the "Registrar"). The City may appoint a qualified bank or trust company as successor paying agent and registrar of the Bonds. The Registrar shall maintain registration books for the registration and registration of transfers of the -4- II "I Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, or at its designated corporate trust office if the Registrar is a bank or trust company, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate, if required by Section 4, and shall deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate and registered in the name as requested by the then registered owner thereof or its duly authorized attorney or legal representative. Any such transfer or exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such transfer or exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person or entity exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as owner on the registration books as of the Record Date. 8. Sale of Bonds. The City Council approves the following terms of the sale of the Bonds. The Bonds shall be sold by competitive bid in a principal amount to be determined by the City Manager, in collaboration with the Financial Advisor, and subject to the limitations set forth in Sections 1 and 2, and the City Manager shall receive bids for the Bonds and award the Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set forth in Section 2. Following the sale of the Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Bonds. The actions of the City Manager in selling the Bonds shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the City Council. 9. Notice of Sale~ Bid Form. The City Manager, in collaboration with the Financial Advisor, is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the forms of the Official Notice of Sale and the Official Bid Form, which forms are attached as an Appendix to the draft of the Preliminary Official Statement described in Section 10 below, and which forms are approved; provided, that the City Manager, in collaboration with the Financial Advisor, may make such changes in the Official Notice of Sale and the Official Bid Form not inconsistent with this Resolution as he may consider to be in the best interest of the City. 10. Official Statement. A draft of a Preliminary Official Statement describing the Bonds, a copy of which has been provided or made available to each member of the City Council, is approved as the form of the Preliminary Official Statement by which the Bonds will be offered for sale, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager, in collaboration with the Financial Advisor, may consider appropriate. After the Bonds have been sold, the City Manager, in collaboration with the Financial Advisor, shall make such completions, omissions, insertions and changes in the Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable to complete it as a final Official Statement for the Bond, execution thereof by the City Manager to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. The City shall arrange for the delivery to the purchaser of the Bonds of a reasonable -5- II number of copies of the final Official Statement by the earlier of seven business days after the Bonds have been sold or the date of issuance thereof, for delivery to each potential investor requesting a copy of the Official Statement and for delivery to each person to whom such purchaser initially sells Bonds. 11. Official Statement Deemed Final. The City Manager is authorized, on behalf of the City, to deem the Preliminary Official Statement and the Official Statement in final form for the Bonds, each to be final as of its date within the meaning of Rule 15c2-12 ("Rule 15c2-12") of the Securities and Exchange Commission (the "SEC"), except for the omission in the Preliminary Official Statement of certain pricing and other information permitted to be omitted pursuant to Rule 15c2-12. The distribution of the Preliminary Official Statement and the Official Statement in final form shall be conclusive evidence that each has been deemed final as of its date by the City, except for the omission in the Preliminary Official Statement of such pricing and other information permitted to be omitted pursuant to Rule 15c2-12. 12. Preparation and Delivery of Bonds. After bids have been received and the Bonds have been awarded to the winning bidder, the officers of the City are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the purchaser thereof upon payment therefor. 13. Arbitra2e Covenants. The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant thereto (the "Code"), or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing laws. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds from being includable in the gross income of the registered owners thereof under existing law. The City shall pay any such required rebate from its legally available funds. 14. Non-Arbitra2e Certificate and Elections. Such officers of the City as may be requested are authorized and directed to execute an appropriate certificate setting forth the reasonably expected use and investment of the proceeds of the Bonds in order to show that such reasonably expected use and investment will not violate the provisions of Section 148 of the Code, and any elections such officers deem desirable regarding rebate of earnings to the United States, for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the City. 15. Limitation on Private Use. The City covenants that it shall not permit the proceeds of the Bonds or the facilities financed or refinanced with the proceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or of the facilities financed or refinanced with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141 (b) of the Code, (b) 5% or more of such proceeds or the facilities being financed with such proceeds being used with respect to any output facility (other than a facility for the furnishing of water), within the meaning of Section -6- II 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141 (c) of the Code; provided, that if the City receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law, the City need not comply with such covenants. 16. Investment Authorization. The City Council hereby authorizes the Director of Finance to direct the City Treasurer to utilize either or both of the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") and the Virginia Arbitrage & Investment Management Program ("AIM") in connection with the investment of the proceeds of the Bonds, if the City Manager and the Director of Finance determine that the utilization of either SNAP or AIM is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 17. Continuin2; Disclosure A2;reement. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a continuing disclosure agreement setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary to assist the purchaser of the Bonds in complying with the provisions of Rule 15c2-12. Such continuing disclosure agreement shall be substantially in the form attached as an Appendix to the draft of the Preliminary Official Statement described in Section 10 above, which form is approved with such completions, omissions, insertions and changes that are not inconsistent with this Resolution. 18. Other Actions. All other actions of officers of the City and of the City Council in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are hereby ratified, approved and confirmed. The officers of the City are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 19. ReDeal of Conflictin2; Resolutions. All resolutions or parts of resolutions In conflict herewith are repealed. 20. Effective Date. This Resolution shall take effect immediately. Exhibit A - Form of Bond -7- Iii "I Exhibit A - Form of Bond Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange or payment, and this certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED No. R- REGISTERED $ UNITED STATES OF AMERICA COMMONWEAL TH OF VIRGINIA CITY OF VIRGINIA BEACH General Obligation Public Improvement Bond Series 2009 INTEREST RATE 0/0 MA TURITY DATE June_,20_ DATED DATE _,2009 CUSIP 927734 REGISTERED OWNER: CEDE & CO. PRINCIP AL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay, upon surrender hereof to the registered owner hereof, or registered assigns or legal representative, the Principal Amount stated above on the Maturity Date stated above, subject to prior redemption as hereinafter provided, and promises to pay interest hereon from the Dated Date stated above on each and , beginning , 2009, at the annual Interest Rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Principal, premium, if any, and interest are payable in lawful money of the United States of America by the City Treasurer, who has been appointed Registrar (the "Registrar"). The City may appoint a qualified bank as successor paying agent and registrar for the bonds. Notwithstanding any other provision hereof, this bond is subject to a book-entry system maintained by The Depository Trust Company ("DTC"), and the payment of principal, premium, if any, and interest, the providing of notices and other matters shall be made as described in the City's Blanket Issuer Letter of Representations to DTC. "I This bond is one of an issue of $ General Obligation Public Improvement Bonds, Series 2009 (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991. The Bonds have been authorized by ordinances adopted by the City Council of the City of Virginia Beach (the "City Council") on May 9, 2006, May 15,2007 and May 13,2008, and are being issued pursuant to a resolution adopted by the City Council on May 12, 2009 (the "Bond Resolution"), to finance various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements and to pay costs of issuance of the Bonds. The Bonds maturing on or before June 1,2019, are not subject to optional redemption prior to maturity. The Bonds maturing on or after June I, 2020, are subject to redemption prior to maturity at the option of the City on or after June 1, 2019, in whole or in part at any time (in any multiple of $5,000), upon payment of the following redemption prices (expressed as a percentage of principal amount of the Bonds to be redeemed) plus interest accrued and unpaid to the date fixed for redemption: Period During Which Redeemed (Both Dates Inclusive) Redemption Price The Bonds maturing on , 20_, are required to be redeemed in part before maturity by the City on in the years and amounts set forth below, at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus interest accrued and unpaid to the date fixed for redemption: Year Amount Year Amount The Bond Resolution provides for a credit against the mandatory sinking fund redemption of the Bonds maturing on , 20_ in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all the Bonds of a particular maturity are called for redemption, the Bonds within such maturity to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to A-2 II DTC or its nominee as the registered owner hereof. If a portion of this bond is called for redemption, a new Bond in the principal amount of the unredeemed portion hereof will be issued to the registered owner upon surrender hereof. The full faith and credit of the City are irrevocably pledged for the payment of principal of, premium, if any, and interest on this bond. Unless other funds are lawfully available and appropriated for timely payment of this bond, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all taxable property within the City sufficient to pay when due the principal of, premium, if any, and interest on this bond. The Registrar shall treat the registered owner of this bond as the person or entity exclusively entitled to payment of principal of and interest on this bond and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as the owner on the registration books on the first day of the month preceding each interest payment date. In the event a date for the payment of principal, redemption price, or interest on this bond is not a business day, then payment of principal, redemption price, and interest on, this bond shall be made on the next succeeding day which is a business day, and if made on such next succeeding business day, no additional interest shall accrue for the period after such payment or redemption date. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of Bonds of which this bond is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. A-3 "I IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated the Dated Date stated above. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia A-4 "I ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto: (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: the within bond and all rights thereunder, hereby irrevocably constituting and appointing Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by (Signature of Registered Owner) an Eligible Guarantor Institution such as a NOTICE: The signature above must Commercial Bank, Trust Company, Securities correspond with the name of the registered BrokerlDealer, Credit Union or Savings owner as it appears on the front of this bond in Association who is a member of a medallion every particular, without alteration or program approved by The Securities Transfer enlargement or any change whatsoever. Association, Inc. A-5 I, II Requires an affirmative vote by a majority of the members of the City Council. Adopted by the City Council of the City of Virginia Beach, Virginia, this 12th day of May, 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ve~~/ City Attorney's Of Ice II CERTIFICATE The undersigned Clerk of the City Council of the City of Virginia Beach, Virginia (the "City Council"), certifies that: 1. A meeting of the City Council was held on May 12, 2009, at the time and place established and noticed by the City Council, at which the members of the City Council were present or absent as noted below. The foregoing Resolution was adopted by a majority of the members of the City Council, by a roll call vote, the ayes and nays being recorded in the minutes of the meeting as shown below: PRESENT I ABSENT: VOTE: William D. Sessoms, Jr., Mayor Louis R. Jones, Vice Mayor Glenn R. Davis Bill R. DeSteph Harry E. Diezel Robert M. Dyer Barbara M. Henley John E. Uhrin Ronald A. Villanueva Rosemary Wilson James L. Wood I - - I - - I - - I - - I - - I - - I - - I - - I - - I - - I - - I 2. The foregoing Resolution is a true and correct copy of such Resolution as adopted on May 12, 2009. The foregoing Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. 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Cll .s Cii "tl .Sl <:: :l 8 III '5 <:: Cll Cll .0 ~ t1l ~ III 0> <:: 'S; t1l (/) U .5 ui ~ '0 o III III <( ~ <:: t1l <:: u: 'E~ ~~ <:: . d)~ ~ t1l C!l::E ..- ~ "I Government Finance Associates, Inc. 6. There is also a side benefit to issuers oftax-exempt bonds from the use ofBABs in the market place by larger issuers. As a result of the decline in volume caused by the amount of taxable BABs that have been sold, among other factors, tax- exempt interest rates have improved, providing reasonably low debt service charges for traditional sellers of tax-exempt bonds. For example, we expect that the City could sell its envisioned twenty-year bond issue today at a true interest cost no greater than 3.80%. We can not promise that this will be the rate on June 3rd when the bond issue is sold, but the current interest rate environment is particularly attractive. 7. Virginia Beach has the advantage of being able to watch the developing BAB market to determine if changes in the call structure, the maturity structure, and related factors could, over time, make BABs more accommodative for City purposes. As shown above, there are a series of factors that underlie our conclusion that, at present, we would not recommend the City employ BAB bonds for the 2009 sale. We also think that the currently positive interest rate environment for tax-exempt bonds argues quite persuasively for the continuing use of the tax-exempt market for Virginia Beach. * * * 3 II Government Finance Associates, Inc. 2. Most of the BAB debt has been sold with term bonds, either in the form of a bullet maturity or with maturities starting very near the final maturity. While there have been some maturities in the shorter end of the maturity range, such as 2014, they have generally been bullet maturities. Taxable buyers are generally interested only in large principal amounts in one maturity to assist in marketability. The issuance oflong-dated term bonds would adversely affect the City's debt repayment structure, which has been a key factor in achieving and maintaining a triple-A rating classification. 3. As implied by (1) and (2) above, the bond issues that have employed BABs have been very large - the State of California ($6.85 billion), NY Metropolitan Transit Authority ($750 million), and the New Jersey Turnpike Authority ($1.375 billion). The University of Virginia did sell a bond issue, utilizing BABs, in the amount of $250 million, but the maturity was in 2039. 4. Another critical factor impacting Virginia Beach is the fact that BAB debt can not, under most circumstances, be refunded for interest savings to the issuer. It is not a function of the BAB program; rather, the taxable market does not provide for calling bonds at par in ten years, unlike the flexibility that is allowed in the tax-exempt market. The conventional call in the taxable market consists of a "make-whole" provision - this characteristic eliminates present value savings for the issuer; in the taxable bond market, where the "make-whole" provision exists, the investor receives all of the present value savings if a call occurs. The City has routinely taken advantage of refinancing opportunities over the years to reduce its debt service charges. We have prepared an exhibit that illustrates how often Virginia Beach has recently employed refinancings for this purpose. It appears to us that the elimination of any ability to achieve refinancing savings as interest rates change over time is not a program that would, based on history, be attractive to the City. 5. The maximum interest rate advantage in utilizing BABs with the 35% interest rate was computed by the University of Virginia at 71 basis points (determined based on a taxable rate for a 2039 maturity with the subsidy, compared with a presumed tax-exempt rate). Other issuers ofBABs have experienced lower, some much lower, interest rate advantage - some even at a negative value. Based on the transactions that have come to market, we do not envision a cost advantage to Virginia Beach with its traditional amortization schedule; moreover, even if the City decided to alter its repayment structure to do a bullet maturity, we do not think Virginia Beach would receive a major advantage from BAB debt since the amount of any term maturity would not be equivalent in size to any BAB debt issues that were especially helped by the BAB structure. 2 II Government Finance Associates, Inc. 590 Madison Avenue, 21st Floor New York, New York 10022 212-521-4090 May 1, 2009 TO: PATRICIA A. PHILLIPS; RICHARD N. DUNFORD FROM: J. CHESTER JOHNSON SUBJECT: USE OF BUILD AMERICA BONDS Build America Bonds ("BABs") were included in the economic stimulus program (American Recovery and Reinvestment Act of 2009) recently enacted by the Federal Government. They can be used by entities that otherwise are authorized to sell tax- exempt debt; however, BABs are sold as taxable instruments with an interest rate subsidy paid directly by the Federal Government to the issuer or with a Federal tax credit that can be used by the investor. Virtually all of the BAB debt sold so far has consisted of the program providing for an interest rate subsidy being paid directly by the Federal Government to the issuer of the BABs. There are numerous administrative and procedural characteristics to BAB issuance, but the most important are: (i) the taxable nature ofthe obligation, (ii) the 35% interest rate subsidy, and (iii) the fact that the debt can only be used for new capital projects (not for any refundings). It should be noted that BABs are consistent with U. S. Treasury Department debt and tax policy that has been articulated strongly in both Democratic and Republican Administrations. For many years, Treasury has viewed negatively the use of tax- exemption, since, from its perspective, there is a greater loss of revenue through tax- exemption than there would be supporting taxable issuance with a direct appropriation subsidy at a level around 30-35%. Treasury's proposal has taken the form ofa taxable bond option, such as the direct subsidy to the issuer, and a tax credit program, which is part of the BAB authorization, but which has also been used in the last few years in a program employed by some school districts, known as "QZAB" debt. The recently authorized program has already had its effect on reducing tax-exempt issuance- Bloomberg has, over the last few days, indicated that tax-exempt debt sales for the 2009 calendar year is already down by 29% from last year. This decline in tax-exempt issuance can be explained, in large part, by the recent significant issuance of taxable BAB debt. The more immediate question is: Should Virginia Beach use BABs for its current bond issue? Our view is that, at present, the City is better served by selling its debt on a tax- exempt basis. The reasons are as follows: 1. Most of the advantage of BABs is on the longest part of the yield curve. The vast majority of the BAB debt has been issued with maturities extending beyond 2030, even to 2040. The final maturity for the City's proposed issue is inside 2030. I I II ITEM: A Resolution providing for the Issuance and Sale of General Obligation Public Improvement Bonds, Series 2009, in the maximum amount of $80,000,000. MEETING DATE: May 12, 2009 . Background: Based on a review of capital project expenditures and future CIP needs, the Department of Finance has begun preparations for a general obligation new money bond sale in the amount up to $80 million. The Bond sale is composed of portions of 2006, 2007 & 2008 Charter Bond Authorizations previously approved by Council on May 9, 2006, on May 15, 2007 and on May 13, 2008 respectively. The bond proceeds from the proposed sale will reimburse previous expenditures for those authorized projects. Based on current market conditions, the City's Financial Advisor, Government Finance Associates ("GFA"), have recommended that this sale take place on June 3, 2009. In addition, GFA has prepared the attached letter on the use of Build America Bonds. Based on the reasons outlined in the letter, it is GFA's opinion and recommendation that the City continue to use the traditional tax-exempt bond market for this sale. A draft of the Preliminary Official Statement indicating the preliminary sale amount of $72 million is also enclosed. On the sale date if market conditions are favorable the City may increase the principal amount by 10%, thus the authorization of up to $80 million. . Considerations: The new money sale represents the City's annual general obligation bond sale. The City's Bond Counsel, Troutman Sanders, has prepared the enclosed resolution authorizing the issuance and sale of the bonds. The bonds will be sold by competitive bid with the actions of the City Manager being conclusive provided, however, that the bonds shall have a true interest cost not to exceed 5.5 percent. The proposed bond structure for the new money takes into consideration the proposed FY10 debt service budget. As an accommodation to bidders, the City will employ an electronic bidding system in accordance with the Official Notice of Sale. After today's Council action no further vote of the City Council will be necessary. The final terms of each sale will be provided to City Council shortly following the sale. . Public Information: Public information will be handled through the normal Council agenda process. The original Charter authorizations were a part of the public information process for the City's Resources Management Plan (BudgetlCIP). In addition, a Notice of Sale will be placed in The Bond Buver, a daily newspaper for the tax-exempt bond market. ; I II . Alternatives: There are no practical alternative funding sources at this time. This request follows previously approved CIPs. . Recommendations: The enclosed resolution providing for the bond sale in the maximum amount of $80 million is recommended for City Council approval. . Attachments: Resolution authorizing the bond sale Letter from Chester Johnson of GFA, dated May 1,2009. Draft of the Preliminary Official Statement, dated May 1,2009 with: Draft of the Continuing Disclosure Agreement - (Appendix C) Draft of the Official Notice of Sale - (Appendix E) Recommended Action: Approval of Resolution Submitting Department/Agency: Finance ~ City Manage. ) ~ .~~ "I PROJECT LISTING REIMBURSEMENT ALLOCATION City of Virginia Beach 2009 General Obligation Bond Sale - $72 Million Summary of 2006 - 2008 Charter Bond Allocation Economic Vitality ECONOMIC & TOURISM 9069 19th Street Corridor Improvement $ 2,084,743 SAFE COMMUNITY BUILDINGS 3038 Various Buildings Rehab and Renewal 1,027,518 3054 Animal Control & Canine Units Replacements 56,136 3244 Fire / Rescue Station, Ches Beach 1,353,270 QUALITY PHYSICAL ENVIRONMENT ROADWAYS 2018 Major Intersection Improvements 521,684 2025 Witchduck Rd - PH II 171,925 2048 PARD Kempsville Rd Intersection 15,481,784 2072 First Colonial Rd/YB RD Intersection Improvements 3,406,927 2073 Buckner Blvd. Extended 199,235 2083 Diamond Springs Rd Bridge Replacement 1,371,188 2107 Seaboard Rd 493,056 2118 Shore Dr Improvements - PH IV 336,242 2149 Birdneck Rd - PH II 457,919 2152 Elbow Rd Extended - PH II 883,580 2157 Lynnhaven Pkwy - PH IX 2,377,909 2208 Constitution Dr Extended 889,736 2256 Indian Rover Rd - PH VII 1,206,647 CULTURAL & RECREATIONAL OPPORTUNITIES BUILDINGS 3322 Virginia Acquarium Original Exhibit Gallery Renovation 1,845,762 3366 Various Bdgs HVAC Rehab & Renew PH II 1,294,903 3367 Various Bdgs Rehab & Renew PH II 922,442 3368 Various Site Acquistitons 3,417,883 PARKS & RECREATION 4075 Pedestrian System Improvements - PH I 175,009 $ 39,975,498 II QUALITY EDUCATION & LIFELONG LEARNING SCHOOLS 1001 Renov & Replace - Energy Management $ 598,488 1019 Great Neck Middle School Replacement 1,733,692 1031 Academy Facilities Improvements 56,587 1062 ADA School Modifications 77,018 1075 Diamond Springs Elementary 3,096,021 1078 School Bus Facility RenovationlExpansion 2,325,847 1196 Instructional Technology 100,000 1227 Windsor Woods Elem School Modernization 412,813 1232 Tennis Court Renovations 75,339 1234 Virginia Beach Middle School Replacement 18,543,037 1235 Windsor Oaks Elem School Replacement 5,005,660 $ 32,024,502 $ 72,000,000 II - 29- Item V-K.4.a.J. ORDINANCES/RESOLUTIONS ITEM # 58791 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: FY 2009-10 Operating Budget: Ordinance to APPROPRIATE for the Fiscal Year, beginning July 1, 2009, and ending June 30, 2010, the sum of $1,763,292,679 for Operations and $617,334,358 in Interfund Transfers regulating the payment of money out of the City Treasury, as amended Voting: 8-2 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill" DeSteph and Ron A. Villanueva Council Members Absent: John E. Uhrin May 12,2009 "I 1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE 2 FISCAL YEAR BEGINNING JULY 1, 2009 AND ENDING JUNE 3 30,2010 IN THE SUM OF $ 1,763,292,679 FOR OPERATIONS 4 AND $617,334,358 IN INTERFUND TRANSFERS AND 5 REGULATING THE PAYMENT OF MONEY OUT OF THE CITY 6 TREASURY, AS AMENDED 7 8 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year 9 beginning July 1, 2009, and ending June 30, 2010, and it is necessary to appropriate sufficient funds to cover 10 said budget; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA: 14 15 Sec. 1. That the amounts named aggregating $2,380,627,037 consisting of $617,334,358 16 in interfund transfers and $1,763,292,679 for operations, are hereby appropriated subject to the conditions 17 hereinafter set forth for the use of departments, and designated funds of the City government, and for the 18 purposes hereinafter mentioned, as set forth in the Annual Operating Budget, which is hereby incorporated by 19 reference, for the fiscal year beginning July 1, 2009, and ending June 30, 2010, a summary of which is attached 20 to this ordinance as "Attachment A - Appropriations." 21 22 Sec. 2. That in accordance with Section 5.04 of the City Charter, Estimated Revenue in Support of 23 Appropriations is set forth in said Annual Operating Budget, with a summary of Estimated Revenue in Support of 24 Appropriations attached to this ordinance as "Attachment B - Revenues." 25 26 Sec. 3. With the exception of the School Operating Fund, the total number of full-time permanent 27 positions shall be the maximum number of positions authorized for the various departments of the City during the 28 fiscal year, except for changes or additions authorized by the Councilor as hereinafter provided. The City 29 Manager may from time to time increase or decrease the number of part-time or temporary positions provided the 30 aggregate amount expended for such services shall not exceed the respective appropriations made therefore. 31 The City Manager is further authorized to make such rearrangements of positions within and between the 32 departments as may best meet the needs and interests of the City. 33 34 Sec. 4. To improve the effectiveness and efficiencies of the government in service delivery, the City 35 Council hereby authorizes the City Manager or his designee to transfer appropriated funds and existing positions 36 throughout the fiscal year as may be necessary to implement organizational adjustments that have been 37 authorized by the City Council. Unless otherwise directed by the City Council, such organizational adjustments 38 shall be implemented on such date or dates as the City Manager determines, in his discretion, to be necessary to 39 guarantee a smooth and orderly transition of existing organizational functions. The City Manager shall make a 40 report each year to the City Council identifying the status and progress of any such organizational adjustments. 41 42 Sec. 5. All current and delinquent collections of local taxes shall be credited to the General Fund and, 43 where appropriate, to any special service district special revenue fund or any tax increment financing funds 44 created by City Council. Transfers shall be made from the General Fund to the respective designated funds to 45 which a special levy is made in the amount of collection for each specially designated fund. 46 47 Sec. 6. All balances of the appropriations payable out of each fund of the City Treasury at the close 48 of business for the fiscal year ending on June 30, 2010, unless otherwise provided for, are hereby declared to be 49 lapsed into the fund balance of the respective funds, except the School Operating Fund which shall lapse into the 50 General Fund Balance, and may be used for the payment of the appropriations that may be made in the 51 appropriation ordinance for the fiscal year beginning July 1, 2010. However, there shall be retained in the 52 General Fund an undesignated fund balance of 8% to 12% of the following year's budgeted revenues, for 53 contingency and emergency situations, not to be used to support appropriations approved in the ordinance for 54 the fiscal year beginning July 1, 2009, except upon subsequent authorization by City Council. 55 II 56 Sec. 7. That the City's debt management policies for the Water and Sewer Enterprise Fund shall 57 serve as a basis for developing financial strategies for the water and sanitary sewer system based on the 58 following guidelines: (a) for the Water and Sewer Fund, the goal of retaining working capital equal to 80% to 59 100% of one year's operating expense shall be pursued; (b) for the Water and Sewer Fund, the goal shall be for 60 debt service coverage on its water and sewer revenue bonds at not less than 1.50 times and, on a combined 61 basis, including water and sewer general obligation bonds, at no less than 1.20 times and (c) for the Water and 62 Sewer Fund, contributions from non-borrowed funds, on a five-year rolling average basis, will be sought for 63 approximately 25% of the annual capital program for the water and sewer system. 64 65 Sec. 8. All balances of appropriations in each fund which support authorized obligations or are 66 encumbered at the close of the business for the fiscal year ending on June 30, 2010, are hereby declared to be 67 reappropriated into the fiscal year beginning July 1, 2010, and estimated revenues adjusted accordingly. 68 69 Sec. 9. No department or agency for which appropriations are made under the provisions of this 70 ordinance shall exceed the amount of such appropriations except with the consent and approval of the City 71 Council first being obtained. It is expressly provided that the restrictions with respect to the expenditure of the 72 funds appropriated shall apply only to the totals for each Appropriation Unit included in this ordinance and does 73 not apply to Interfund Transfers. 74 75 Sec. 10. The City Manager or the Director of Management Services is hereby authorized to approve 76 transfers of appropriations in an amount up to $100,000 between any Appropriation Units included in this 77 ordinance. The City Manager shall make a monthly report to the City Council of all transfers between $25,000 78 and $100,000. In addition, the City Manager may transfer, in amounts necessary, appropriations from all 79 Reserves for Contingencies except Reserve for Contingencies - Regular, within the intent of the Reserve as 80 approved by City Council. 81 82 Sec. 11. The City Manager or the Director of Management Services is hereby authorized to establish 83 and administer budgeting within Appropriation Units consistent with best management practices, reporting 84 requirements, and the programs and services adopted by the City Council. 85 86 Sec. 12. The City Manager or the Director of Management Services is hereby authorized to change 87 the Estimated Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in 88 support of an Operating Appropriation Unit declines, the City Manager or the Director of Management Services is 89 hereby authorized to reduce, subject to any other provision of law, those appropriations to equal the decline in 90 Estimated Revenue. The City Manager shall give prior notice to the City Council of any reduction to total 91 appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the 92 appropriation reduction and the Appropriation Units affected. The accounting records of the City will be 93 maintained in a manner that the total of Estimated Revenue is equal to the total of the Appropriation Units for 94 each of the City's funds. The City Manager or the Director of Management Services is hereby authorized to 95 transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for which 96 those funds were appropriated have been incurred. Nothing in this section shall be construed as authorizing any 97 reduction to be made in the amount appropriated in this ordinance for the payment of interest or principal on the 98 bonded debt of the City Government. 99 100 Sec. 13. Allowances made from the appropriations made in this ordinance by any or all of the City 101 departments, bureaus, or agencies, to any of their officers and employees for expenses on account of the use by 102 such officers and employees of their personal automobiles in the discharge of their official duties shall not exceed 103 forty two cents ($0.42) per mile of actual travel for the first 15,000 miles and fifteen cents ($0.15) per mile for 104 additional miles of such use within the fiscal year. 105 106 Sec. 14. In the event of an emergency and under emergency circumstances wherein the City Council 107 cannot reasonably hold a meeting, the City Manager is authorized to transfer and expend appropriated sums 108 from any budget account to ensure that the emergency is handled as efficiently and expeditiously as possible. 109 Immediately following the expenditure of funds under this provision, and as soon as the City Council can 110 reasonably meet under the existing circumstances, the City Manager shall notify the City Council of the reason 111 for such action, how funds were expended, and present to the City Council for adoption an emergency "I I 112 appropriations ordinance that sets forth what measures are required to ensure that funds are forthwith restored to 113 the appropriate accounts and that the budget is balanced at the end of the fiscal year in which the emergency 114 expenditures occurred. 115 116 An emergency is defined for the purposes of this provIsion as an event that could not have been 117 reasonably foreseen at the time of the adoption of the budget, and in which (i) an immediate threat to the public 118 health, safety or welfare is involved, such as clean-up after a hurricane, and/or (ii) immediate action is required to 119 protect or preserve public properties. 120 121 Sec. 15. All travel expense accounts shall be submitted on forms approved by the Director of Finance 122 and according to regulations approved by the City Council. Each account shall show the dates expenses were 123 incurred or paid; number of miles traveled; method of travel; hotel expenses; meals; and incidental expenses. 124 The Director of Finance is specifically directed to withhold the issuance of checks in the event expense accounts 125 are submitted for "lump-sum" amounts. 126 127 Sec. 16. Violation of this ordinance may result in disciplinary action by the City Manager against the 128 person or persons responsible for the management of the Appropriation Unit in which the violation occurred. 129 130 Sec. 17. Funds in the amount of $366.814 are herebv appropriated to the School Health Insurance 131 Internal Service Fund from the fund balance of the Health Insurance Trust Fund. This chanqe allows the Health 132 Insurance Trust Fund to be removed from the accountinq records. The Health Insurance Trust Fund oriqinally 133 included the premiums for City employees' health insurance before these premiums were consolidated with 134 School employees' health insurance premiums in the School Health Insurance Internal Service Fund. 135 136 Sec. 18. The City Manaqer and School Board are authorized to expend funds related to the City and 137 School's GASB45 liability in the School Health Insurance Internal Service Fund. 138 139 Sec. -1-7- 19. This ordinance shall be effective on July 1, 2009. 140 141 Sec. ~ 20. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such 142 decision shall not affect the validity of the remaining parts of this ordinance. 143 144 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 12th day of May, 2009. 145 146 Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 2&~fffce- ~. "I City of Virginia Beach, Virginia Fiscal Year 2009-10 Budget Ordinance Attachment A - Appropriations FY 2009-10 Revised 002 General Fund Agriculture Benefits Administration Board of Equalization Circuit Court City Attorney City Auditor City Clerk City Manager City Real Estate Assessor City Treasurer Clerk of the Circuit Court Commissioner of the Revenue Commonwealth's Attorney Communications and Information Technology Community Organization Grants Convention and Visitor Bureau Cultural Activities Director of Finance Economic Development Emergency Communications and Citizen Services Emergency Medical Services Employee Special Benefits Fire General District Court General Registrar Health Housing and Neighborhood Preservation Human Resources Human Services Independent Financial Services Juvenile Probation Juvenile and Domestic Relations District Court Library Magistrates Management Services Mass Transit Operations Municipal Council Museums Parks and Recreation Planning and Community Development Police Public Works Regional Participation Reserve for Contingencies Revenue Reimbursements Strategic Growth Area Transfer to Other Funds Vehicle Replacements Wetlands Board of Virginia Beach Zoning Board of Appeals 860,134 824,814 19,130 998,897 3,875,841 576,573 626,129 3,069,307 3,114,292 5,186,382 2,788,828 3,942,320 7,424,710 21,903,513 525,662 9,939,621 2,512,233 5,022,497 2,045,444 9,168,294 7,228,263 4,656,199 42,642,222 320,995 1,264,732 3,453,359 1,750,830 4,536,071 112,146,368 153,878 2,357,474 162,320 16,675,646 130,910 4,034,514 2,907,059 587,139 9,600,189 13,691,224 10,145,290 87,645,513 84,616,871 2,071,573 2,752,750 15,928,947 194,650 530,329,643 3,111,914 14,331 41,789 Fund 002 Appropriation Totals 1,049,577,284 Education , Education Education Appropriation Totals 833,677,199 833,677,199 'This provides lump-sum funding for Education. "I I City of Virginia Beach, Virginia Fiscal Year 2009-10 Budget Ordinance Attachment A - Appropriations FY 2009-10 Revised 130 Law Library Fund Library (Law Library) Reserve for Contingencies Transfers to Other Funds Fund 130 Appropriation Totals 223,307 5,300 60,000 288,607 142 DEA Seized Property Special Revenue Fund Commonwealth's Attorney Fund 142 Appropriation Totals 160,000 160,000 147 Federal Sectional 8 ProQram Special Revenue Fund Housing and Neighborhood Preservation (Section 8 Housing) Housing and Neighborhood Preservation (Section 8) 152 Tourism Growth Investment Fund Convention and Visitor Bureau (TGIF) Cultural Affairs (TGIF) Parks and Recreation (TGIF) Planning and Community Development (TGIF) Public Works (TGIF) Transfer to Other Funds 1,742,664 16,081,642 Fund 147 Appropriation Totals 17,824,306 35,325,573 Fund 149 Appropriation Totals 35,325,573 1,551 668,608 274,551 Fund 150 Appropriation Totals 944,710 25,727,995 2,694,270 83,502 Fund 151 Appropriation Totals 28,505,767 3,284,763 50,500 33,210 590,000 835,161 14,381,277 Fund 152 Appropriation Totals 19,174,911 3,336,076 Fund 157 Appropriation Totals 3,336,076 854 Fund 158 Appropriation Totals 854 159,827 700,140 7,034,647 Fund 161 Appropriation Totals 7,894,614 149 Sheriff's Department Special Revenue Fund Sheriff and Corrections 150 Inmate Services Special Revenue Fund Reserve for Contingencies Sheriff and Corrections (Inmate Services) Transfer to Other Funds 151 Parks and Recreation Special Revenue Fund Parks and Recreation Public Works Reserve for Contingencies 157 Sandbridqe Special Service District Special Revenue Fund Transfer to Other Funds 158 EMS State Four-for-Life Special Revenue Fund Transfer to Other Funds 161 AQriculture Reserve ProQram Special Revenue Fund Agriculture (Agricultural Reserve Program) Future C.I.P, Commitments Transfer to Other Funds City of Virginia Beach, Virginia Fiscal Year 2009-10 Budget Ordinance Attachment A - Appropriations 163 Tourism Advertisinq Proqram Special Revenue Fund Convention and Visitor Bureau (Tourism Advertising) Transfer to Other Funds 165 Lvnnhaven Mall Tax Increment Financinq Fund Reserve for Contingencies Tax Increment Financing 166 Sandbridqe Tax Increment Financinq Fund Future C.I.P, Commitments Transfer to Other Funds 167 Arts and Humanities Commission Special Revenue Fund Transfer to Other Funds 169 Central Business District - South TIF (Town Center) Fund Future C.I.P. Commitments Reserve for Contingencies Transfer to Other Funds 172 Open Space Special Revenue Fund Parks and Recreation (Open Space) Public Works (Open Space) Transfer to Other Funds 173 Maior Proiects Special Revenue Fund Transfer to Other Funds 174 Town Center Special Tax District Reserve for Contingencies Town Center Special Tax District 175 Golf Course Special Revenue Fund Parks and Recreation (Golf Courses) Reserve for Contingencies Transfer to Other Funds 180 Community Development Special Revenue Fund Community Development Block Grants Housing and Neighborhood Preservation Reserve for Contingencies Transfer to Other Funds 181 CD Loan and Grant Fund Community Development Block Loan and Grants Fund 163 Appropriation Totals Fund 165 Appropriation Totals Fund 166 Appropriation Totals Fund 167 Appropriation Totals Fund 169 Appropriation Totals Fund 172 Appropriation Totals Fund 173 Appropriation Totals Fund 174 Appropriation Totals Fund 175 Appropriation Totals Fund 180 Appropriation Totals Fund 181 Appropriation Totals II FY 2009-10 Revised 9,992,642 56,838 10,049,480 103,527 2,050,000 2,153,527 9,000,000 868,924 9,868,924 37,237 37,237 500,000 119,880 5,681,054 6,300,934 406,402 15,300 4,898,134 5,319,836 22,051,701 22,051,701 283,564 1,873,331 2,156,895 2,486,191 59,043 289,550 2,834,784 1,395,723 1,290,743 741 128,104 2,815,311 746,336 746,336 City of Virginia Beach, Virginia Fiscal Year 2009-10 Budget Ordinance Attachment A - Appropriations 182 Federal Housina Assistance Grant Fund Federal HOME Grants Fund 182 Appropriation Totals 183 Grants Consolidated Fund Commonwealth's Attorney Grants Emergency Medical Services Grants Fire (Fire Programs) Housing and Neighborhood Grants Human Services Police (Uniform Patrol Grant) Public Works Grants Reserve for Contingencies Social Services Grants Transfer to Other Funds Fund 183 Appropriation Totals 187 Marine Science Museum Grants Fund Museum Grants Fund 187 Appropriation Totals 241 Water and Sewer Fund Debt Service Public Utilities Reserve for Contingencies Transfer to Other Funds Fund 241 Appropriation Totals 253 Parkina Enterprise Fund Convention and Visitor Bureau (Parking) Reserve for Contingencies Transfer to Other Funds Fund 253 Appropriation Totals 255 Storm Water Utilitv Enterprise Fund Debt Service Public Works (Storm Water Operations) Reserve for Contingencies Transfer to Other Funds Fund 255 Appropriation Totals 302 General Debt Fund Debt Service Fund 302 Appropriation Totals 540 General Government Capital Proiects Fund Buildings Capital Projects Coastal Capital Projects Communications and Information Technology Projects Economic and Tourism Development Capital Projects Parks and Recreation Capital Projects Roadways Capital Projects Fund 540 Appropriation Totals 541 Water and Sewer Capital Proiects Fund Water and Sewer Capital Projects Fund 541 Appropriation Totals "I I FY 2009-10 Revised 1,528,449 1,528,449 302,791 323,954 610,757 1,077,437 1,317,960 71,271 15,000 104,915 768,477 400,000 4,992,562 31,000 31,000 16,389,014 68,837,653 3,281,998 13,985,245 102,493,910 1,669,306 11,669 866,776 2,547,751 2,011,002 10,150,967 160,777 12,653,747 24,976,493 128,009,417 128,009,417 3,234,536 6,214,818 3,016,000 5,880,578 9,900,175 8,336,291 36,582,398 7,500,000 7,500,000 City of Virginia Beach, Virginia Fiscal Year 2009-10 Budget Ordinance Attachment A - Appropriations 555 Storm Water Capital Proiects Fund Storm Water Capital Projects 908 City Beautification Fund Parks and Recreation 909 Library Gift Fund Library Gift Fund 555 Appropriation Totals Fund 908 Appropriation Totals Fund 909 Appropriation Totals 911 Parks and Recreation Gift Fund Parks and Recreation (Gift Fund) Total Appropriations for all Funds Less Interfund Transfers Net Appropriations Totals Fund 911 Appropriation Totals II FY 2009-10 Revised 10,802,279 10,802,279 20,400 20,400 5,712 5,712 91,800 91,800 2,380,627,037 617,334,358 1,763,292,679 II I City of Virginia Beach, Virginia Fiscal Year 2009-10 Budget Ordinance Attachment B - Revenues FY 2009-10 Revised 002 General Fund Revenue from Local Sources General Property Taxes Other Local Taxes Permits, Privilege Fees, and Regulatory Licenses Fines and Forfeitures From the Use of Money and Property Charges for Services Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Transfers from Other Funds Specific Fund Reserves 599,594,310 255,516,845 4,329,835 7,942,961 9,824,843 16,768,366 4,557,551 107,006,368 23,033,419 16,202,786 4,800,000 Fund 002 Revenue Totals 1,049,577,284 Education Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Revenue from the Commonwealth State Shared Sales Tax Other Sources from the Commonwealth Revenue from the Federal Government Transfers from Other Funds Specific Fund Reserves 995,000 19,607,171 11,487,901 72,941,384 293,751,478 94,633,121 335,208,106 5,053,038 Education Revenue Totals 833,677,199 130 Law Library Fund Revenue from Local Sources From the Use of Money and Property Charges for Services 7,087 281,520 Fund 130 Revenue Totals 288,607 142 DEA Seized Property Special Revenue Fund Revenue from the Commonwealth Other Sources from the Commonwealth 160,000 Fund 142 Revenue Totals 160,000 147 Federal Sectional 8 Proaram Special Revenue Fund Revenue from Local Sources Miscellaneous Revenue Revenue from the Federal Government Transfer from Other Funds 24,000 17,702,204 98,102 Fund 147 Revenue Totals 17,824,306 149 Sheriff's Department Special Revenue Fund Revenue from Local Sources Charges for Services Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Transfer from Other Funds Specific Fund Reserves 2,288,255 37,960 19,381,205 321,200 12,644,250 652,703 Fund 149 Revenue Totals 35,325,573 City of Virginia Beach, Virginia Fiscal Year 2009-10 Budget Ordinance Attachment B - Revenues 150 Inmate Services Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Fund 150 Revenue Totals 151 Parks and Recreation Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Revenue from the Federal Government Transfer from Other Funds Fund 151 Revenue Totals 152 Tourism Growth Investment Fund Revenue from Local Sources Permits, Privilege Fees, and Regulatory Licenses Fines and Forfeitures From the Use of Money and Property Transfer from Other Funds Specific Fund Reserves Fund 152 Revenue Totals 157 Sandbridae Special Service District Special Revenue Fund Revenue from Local Sources General Property Taxes Other Local Taxes From the Use of Money and Property Transfer from Other Funds Specific Fund Reserves Fund 157 Revenue Totals 158 EMS State Four-for-Life Special Revenue Fund Specific Fund Reserves Fund 158 Revenue Totals 161 Aariculture Reserve Proaram Special Revenue Fund Transfer from Other Funds Specific Fund Reserves Fund 161 Revenue Totals 163 Tourism Advertisina Proaram Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Transfer from Other Funds Specific Fund Reserves Fund 163 Revenue Totals 165 Lvnnhaven Mall Tax Increment Financina Fund Revenue from Local Sources General Property Taxes Fund 165 Revenue Totals "I FY 2009-10 Revised 15,000 929,710 944,710 1,084,782 10,979,797 37,000 1,000 16,403,188 28,505,767 72,091 583,278 523,040 17,208,652 787,850 19,174,911 755,302 863,538 80,680 1,589,432 47,124 3,336,076 854 854 4,824,373 3,070,241 7,894,614 48,442 306,950 40,000 9,443.263 210,825 10,049,480 2,153,527 2,153,527 City of Virginia Beach, Virginia Fiscal Year 2009-10 Budget Ordinance Attachment B - Revenues 166 Sandbridqe Tax Increment Financinq Fund Revenue from Local Sources General Property Taxes From the Use of Money and Property Specific Fund Reserves Fund 166 Revenue Totals 167 Arts and Humanities Commission Special Revenue Fund Specific Fund Reserves Fund 167 Revenue Totals 169 Central Business District - South TIF (Town Center) Fund Revenue from Local Sources General Property Taxes From the Use of Money and Property Transfers from Other Funds Fund 169 Revenue Totals 172 Open Space Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Transfers from Other Funds Specific Fund Reserves Fund 172 Revenue Totals 173 Maior Proiects Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Transfers from Other Funds Specific Fund Reserves Fund 173 Revenue Totals 174 Town Center Special Tax District Revenue from Local Sources General Property Taxes From the Use of Money and Property Transfers from Other Funds Fund 174 Revenue Totals 175 Golf Course Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Fund 175 Revenue Totals 180 Community Development Special Revenue Fund Revenue from Local Sources Charges for Services Revenue from the Federal Government Transfers from Other Funds Fund 180 Revenue Totals 181 CD Loan and Grant Fund Revenue from the Federal Government Non-Revenue Receipts Fund 181 Revenue Totals II I I FY 2009-1 0 Revised 9,369,273 260,188 239,463 9,868,924 37,237 37,237 5,729,830 71,104 500,000 6,300,934 100,411 3,985,256 1,234,169 5,319,836 762,790 17,143,266 4,145,645 22,051,701 1,660,420 196,475 300,000 2,156,895 186,524 2,648,260 2,834,784 70,000 1,932,626 812,685 2,815,311 521,336 225,000 746,336 II City of Virginia Beach, Virginia Fiscal Year 2009-10 Budget Ordinance Attachment B - Revenues FY 2009-10 Revised 182 Federal Housinq Assistance Grant Fund Revenue from the Federal Government Non-Revenue Receipts 1 ,403,449 125,000 Fund 182 Revenue Totals 1,528,449 183 Grants Consolidated Fund Revenue from Local Sources Charges for Services Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Transfers from Other Funds 65,000 2,852,503 1,665,602 409,457 Fund 183 Revenue Totals 4,992,562 187 Marine Science Museum Grants Fund Revenue from the Federal Government 31,000 Fund 187 Revenue Totals 31,000 241 Water and Sewer Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Non-Revenue Receipts Transfers from Other Funds Specific Fund Reserves 2,177,974 96,377,637 259,373 3,314,693 264,233 100,000 Fund 241 Revenue Totals 102,493,910 253 Parkinq Enterprise Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Transfers from Other Funds 87,000 2,201,948 258,803 Fund 253 Revenue Totals 2,547,751 255 Storm Water Utilitv Enterprise Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Revenue from the Commonwealth Other Sources from the Commonwealth Transfers from Other Funds 160,000 19,337,715 5,406,916 71,862 Fund 255 Revenue Totals 24,976,493 302 General Debt Fund Transfers from Other Funds Specific Fund Reserves 125,081,967 2,927,450 Fund 302 Revenue Totals 128,009,417 540 General Government Capital Proiects Fund Transfers from Other Funds 36,582,398 Fund 540 Revenue Totals 36,582,398 541 Water and Sewer Capital Proiects Fund Transfers from Other Funds 7,500,000 Fund 541 Revenue Totals 7,500,000 City of Virginia Beach, Virginia Fiscal Year 2009-10 Budget Ordinance Attachment B - Revenues 555 Storm Water Capital Proiects Fund Transfers from Other Funds 908 City Beautification Fund Revenue from Local Sources Miscellaneous Revenue 909 Library Gift Fund Revenue from Local Sources Miscellaneous Revenue Fund 555 Revenue Totals Fund 908 Revenue Totals Fund 909 Revenue Totals 911 Parks and Recreation Gift Fund Revenue from Local Sources Miscellaneous Revenue Revenue Sources Totals Less Interfund Transfers Net Revenue Totals Fund 911 Revenue Totals "I FY 2009-10 Revised 10,802,279 10,802,279 20,400 20,400 5,712 5,712 91,800 91,800 2,380,627,037 617,334,358 1,763,292,679 II - 30 - Item V-K.4.a.2. ORDINANCES/RESOLUTIONS ITEM # 58792 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: FY 2009-10 Operating Budget: Ordinance to ESTABLISH the tax levy on real estate for FY 2010 Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D, Sessoms, Jr., Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay; None Council Members Absent: John E. Uhrin May 12, 2009 "I I 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL 2 ESTATE FOR FISCAL YEAR 2010 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 4 5 Sec. 1. Amount of Levy on Real Estate. 6 There shall be levied and collected for fiscal year 2010 taxes for general purposes on all real estate, 7 including all separate classifications of real estate set forth in the Code of Virginia, not exempt from taxation and 8 not otherwise provided for in this ordinance, at the rate of eighty-nine cents ($0.89) on each one hundred dollars 9 ($100) of assessed valuation thereof. The real property tax rate that has been prescribed in this section shall be 10 applied on the basis of one hundred percentum of the fair market value of such real property, except for public 11 service real property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 12 13 Sec. 2. Amount of Levy on "Certified Pollution Control Equipment and Facilities" Classified as 14 Real Estate, "Certified Storm Water Management Developments and Property," 15 "Certified Solar Energy Recycling Equipment, Facilities or Devices" Classified as Real 16 Estate, and "Environmental Restoration Sites," Real Estate Improved by Erosion 17 Controls, and Certain Wetlands and Riparian Buffers. 18 In accordance with Sections 58.1-3660 (A), 58.1-3660.1, 58.1-3661, 58.1-3664, 58.1-3665 and 58.1-3666 19 of the Code of Virginia, there shall be levied and collected for general purposes for fiscal year 2010, taxes on all 20 real estate (a) certified by the Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities," 21 (b) certified by the Department of Environmental Quality as "Certified Storm Water Management Developments 22 and Property," (c) certified as provided by Code of Virginia Section 58.1-3661 as "Certified Solar Energy 23 Equipment, Facilities or Devices," or "Certified Recycling Equipment, Facilities or Devices," (d) defined by Code 24 of Virginia Section 58.1-3664 as an "Environmental Restoration Site," (e) improved to control erosion as defined 25 by Code of Virginia ~ 58.1-3665, or (f) qualifying as wetlands and riparian buffers as described by Code of 26 Virginia ~ 58.1-3666, not exempt from taxation, at a rate of eighty-nine cents ($0.89) on each one hundred dollars 27 of assessed valuation thereof. The real property tax rates imposed in this section shall be applied on the basis of 28 one hundred percentum of fair market value of such real property except for public service property, which shall 29 be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 30 31 Sec. 3. Amount of Levy on Real Estate Within the Sand bridge Special Service District. 32 There shall be levied and collected for fiscal year 2010, taxes for the special purpose of providing beach 33 and shoreline restoration and management at Sand bridge on all real estate within the Sandbridge Special 34 Service District, not exempt from taxation, at the rate of six cents ($0.06) on each one hundred dollars ($100) of 35 assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 36 1 of this ordinance. The real estate tax rate imposed herein shall be applied on the basis of one hundred 37 percentum of the fair market value of such real property except for public service real property, which shall be on 38 the basis as provided in Section 58.1-2604 of the Code of Virginia. 39 40 Sec. 4. Amount of Levy on Real Estate Within the Town Center Special Service District. 41 For the special purpose of operating and maintaining the parking garage and providing enhanced 42 services for the plaza and public spaces within the boundaries of the service district at the Town Center, as well 43 as other additional services authorized by Virginia Code ~ 15.2-2403, there shall be levied and collected for fiscal 44 year 2009, taxes on all real estate within the Town Center Special Service District, not exempt from taxation, at 45 the rate of forty-five cents ($0.45) on each one hundred dollars ($100) of assessed value thereof. This real estate 46 tax rate shall be in addition to the real estate tax set forth in Section 1 of this ordinance. The real estate tax rate 47 imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real 48 property, except for public service real property, which shall be on the basis as provided in Section 58.1-2604 of 49 the Code of Virginia. 50 51 Sec. 5. Severability. 52 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision 53 shall not affect the validity of the remaining portions of this ordinance. 54 55 Sec. 6. Effective Date. 56 57 58 59 60 II The effective date of this ordinance shall be July 1, 2009. Adopted by the City Council of the City of Virginia Beach, Virginia on this 12th day of May, 2009. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: E~Q Management Services APPROVED AS TO LEGAL SUFFICIENCY: )d~~ . City Attorney s Ice II - 31 - Item V-K.4.a.3. ORDINANCES/RESOL UTIONS ITEM # 58793 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: FY 2009-10 Operating Budget: Ordinance to ESTABLISH the tax levy on personal property and machinery and toolsfor the Calendar Year 2010 Voting: 10-0 (By Consent) Council Members Voting Aye; Glenn R. Davis, William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor William D. Sessoms, Jr., Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent; John E. Uhrin May 12, 2009 II I ! 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON 2 PERSONAL PROPERTY AND MACHINERY AND TOOLS FOR 3 THE CALENDAR YEAR 2010 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 6 Sec. 1. Amount of Levy on Tangible Personal Property. 7 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and 8 collected for general purposes for the calendar year 2010 on all tangible personal property, including all separate 9 classifications of personal property set forth in the Code of Virginia, not exempt from taxation and not otherwise 10 provided for in this ordinance, at the rate of three dollars and seventy cents ($3.70) on each one hundred dollars 11 ($100) assessed valuation thereof. 12 Specific categories of personal property taxed at this rate include, but are not limited to, the 13 following: 14 a. aircraft and flight simulators as described in Code of Virginia ~ 58.1-3506 (A) (2)~ aAG (3)T . (4) and (5) ; 15 b. antique motor vehicles as described in Code of Virginia ~ 58.1-3506 (A) f41 @} ; 16 c. heavy construction equipment as described in Code of Virginia ~ 58.1-3506 (A) fej @; 17 d. computer equipment as described in Code of Virginia ~ 58.1-3506 (A) t91 f1.1l ; 18 e. tangible personal property as described in (a) Code of Virginia ~ 58.1-3660 as "certified pollution 19 control equipment and facilities" or (b) Code of Virginia ~ 58.1-3661 as "certified solar equipment, facilities or 20 devices and certified recycling equipment, facilities or devices"; and 21 f. personal vehicles as described in ~ 58.1-3524~ of the Code of Virginia (such statute referrinq to 22 personal vehicles as "qualified vehicles"). Taxes shall be levied and collected for general purposes for the 23 calendar year 2010 on the assessed value of all personal vehicles not otherwise exempted from taxation in this 24 ordinance, subject to the following: 25 1. Any personal vehicle with a total assessed value of $1,000 or less will be levied no tax. 26 2. Any personal vehicle with an assessed value of between $1,001 and $20,000 will be levied 27 ~ 30% of the computed tax based on the total assessed value of the vehicle. Reimbursement is expected 28 from the state under the Personal Property Tax Relief Act equal to the remaining ~ 70% of the computed tax 29 on the first $20,000 of assessed value. 30 3. Any personal vehicle with an assessed value of over $20,000 will be levied ~ 30% of the 31 computed tax based on the first $20,000 of assessed value and 100% of the computed tax based on the 32 assessed value in excess of $20,000. Reimbursement is expected from the state under the Personal Property 33 Tax Relief Act equal to the remaining ~ 70% of the computed tax on the first $20,000 of assessed value. 34 4. Pursuant to authority conferred in Item 503.0 of the 2005 Virginia Appropriations Act, the City 35 Treasurer is authorized to issue a supplemental personal property tax bill, in the amount of 100% of the tax due 36 without regard to any former entitlement to state relief, plus applicable penalties and interest, to any taxpayer 37 whose taxes with respect to a qualifying vehicle for tax year 2005 or any prior tax year remain unpaid on 38 September 1, 2006, or such earlier date as reimbursement with respect to such bill is no longer available from the 39 Commonwealth, whichever earlier occurs. Penalties and interest with respect to bills issued pursuant to this 40 section shall be computed on the entire amount of tax owed. Interest shall be computed from the original due 41 date of the tax. 42 43 Sec. 2. Amount of Levy on Manufactured Homes. 44 In accordance with Section 58.1 3506 (^) (8) of the Code of Virginia, t Ihere shall be levied and 45 collected for general purposes for the calendar year 2010 taxes on all vehicles without motive power, used or 46 designated to be used as manufactured homes, as defined by Section 36-85.3 of the Code of Virginia, at the rate 47 of eighty-nine cents ($0.89) on each one hundred dollars ($100) of assessed valuation thereof. Such property 48 declared a separate class of tanqible personal property in Section 58.1-3506 (A) (10). 49 50 Sec. 3. Amount of Levy on All Boats or Watercraft Weighing Fi...e Tons or More Used for Business 51 Purposes Onlv. 52 In :lccord::mce 'Nith Section 58.1 3506 (/\) (1) of the Code of Virgini:l, t Ihere shall be levied and 53 collected for general purposes for the calendar year 2010 taxes on all boats or watercraft used for business 54 purposes only weiqhinq less than five (5) and weighing five (5) tons or more, except as provided for in Section 5 Q 55 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed II 56 valuation thereof. Such property declared a separate class of tanqible personal property in Sections 58.1-3506 57 (A) (35) and (A) (36). 58 59 Sec. 4. Amount of Levy on All Boats or Watercraft Not Used Solely for Business Purposes. 60 There shall be levied and collected for qeneral purposes for the calendar year 2010 taxes on all 61 boats or watercraft not used solely for business purposes weiqhinq less than five (5) tons, and weiqhinq five (5) 62 tons or more, except as provided for in Section 6 of this ordinance. at the rate of one dollar and fifty cents ($1.50) 63 on each one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate class of 64 tanqible personal property in Sections 58.1-3506 (A) (1) (a) and (A) (1) (b). 65 66 Sec. 4.2.. Amount of Levy on Machinery and Tools. 67 In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected 68 for general purposes for the calendar year 2010 taxes on machinery and tools, including machinery and tools 69 used directly in the harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at 70 the rate of one dollar ond ninety cents ($1.90) ($1.00) on each one hundred dollars ($100) of assessed valuation 71 thereof. As provided by Code of Virginia 9 58.1-3506 (8) , the following personal property shall also be taxed at 72 the rate of machinery and tools: 73 a. all tangible personal property used in research and development businesses, as described in Code of 74 Virginia 958.1-3506 (A) ~ ill; 75 b. generating or cogenerating equipment, as described in Code of Virginia 9 58.1-3506 (A) f71 76 Cll;and 77 c. all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more used 78 to transport property for hire by a motor carrier engaged in interstate commerce, as described in 79 Code of Virginia 9 58.1-3506 (A) ~ (25). 80 81 Sec. a Q. Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational 82 Purposes Only. 83 In accordance with Sections 58.1 3506 (.^.) (26), and (1\) (27) of the Code of Virginio, t Ihere shall 84 be levied and collected for general purposes for the calendar year 2010 taxes on all privately owned pleasure 85 boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent ($.000001) on 86 each one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate class of 87 tanqible personal property in Sections 58.1-3506 (A) (12), (A) (28), and (A) (29). 88 89 Sec. 6 I. Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers, 90 and Motor Homes Used for Recreational Purposes Only, and Privately Owned Horse Trailers. 91 In accordance with Sections 58.1 3506 (.^.) (28) of the Code of Virginio, t Ihere shall be levied 92 and collected for general purposes for the calendar year 2010 taxes at the rate of one dollar and fifty cents 93 ($1.50) on each one hundred dollars ($100) of assessed valuation thereof on the following property: (a) all 94 privately owned camping trailers and motor homes as defined in Section 46.2-100 of the Code of Virginia and 95 privately owned travel trailers as defined in Code of Virginia ~ 46.2-1900, that are used for recreational purposes 96 only; and (b) privately owned trailers as defined in 946.2-100 of the Code of Virginia that are designed and used 97 for the transportation of horses, except those trailers described in subdivision (A) (11) of ~ 58.1-3505 of the Code 98 of Virginia. Such property declared a separate class of tanqible personal property in Sections 58.1-3506 (A) (18) 99 and (A) (30). 100 101 Sec. 7- !!. Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran. 102 In occordonce with Section 58.1 3506 (1\) (17) of the Code of Virginb, t Ihere shall be a reduced 103 tax, levied and collected for general purposes for the calendar year 2010 at the rate of one dollar and fifty cents 104 ($1.50) on each one hundred dollars ($100) of assessed valuation, on one (1) motor vehicle owned and regularly 105 used by a veteran who has either lost, or lost the use of, one or both legs, or an arm or a hand, or who is blind, or 106 who is permanently and totally disabled as certified by the Department of Veterans' Affairs. Any motor vehicles in 107 addition to the one (1) so taxed shall not qualify for the taxation at the rate established herein, and shall be taxed 108 at the rate or rates applicable to that class of property. To qualify, the veteran shall provide a written statement to 109 the Commissioner of the Revenue from the Department of Veterans' Affairs that the veteran has been so 110 designated or classified by the Department of Veterans' Affairs as to meet the requirements of Section 58.1-3506 "I 111 (A) ~ {1ill, and that his or her disability is service connected. Such property declared a separate class of 112 tanqible personal property in Section 58.1-3506 (A) (19). 113 114 Sec. 8 ~. Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at 115 Least Sixty-Five Years of Age or Anyone Found to be Permanently and Totally Disabled. 116 a. In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia, there shall be a reduced tax, 117 levied and collected for general purposes for calendar year 2010, at the rate of three dollars ($3.00) on each one 118 hundred dollars ($100.00) of assessed valuation, on one (1) automobile or pickup truck owned and used primarily 119 by or for anyone at least sixty-five years of age or anyone found to be permanently and totally disabled, as 120 defined in Section 58.1-3506.3 of the Code of Virginia, subject to the following conditions: 121 1. The total combined income received, excluding the first $7,500 of income, from all sources 122 during calendar year 2009 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars 123 ($22,000). 124 2. The owner's net financial worth, including the present value of all equitable interests, as of 125 December 31 of calendar year 2009, excluding the value of the principal residence and the land, not exceeding 126 one (1) acre, upon which it is situated, shall not exceed seventy thousand dollars ($70,000). 127 3. All income and net worth limitations shall be computed by aggregating the income and assets, 128 as the case may be, of a husband and wife who reside in the same dwelling and shall be applied to any owner of 129 the motor vehicle who seeks the benefit of the preferential tax rate permitted under this ordinance, irrespective of 130 how such motor vehicle may be titled. 131 b. Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or over 132 or if either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have been 133 satisfied. 134 135 Sec. 9 10. Assessed Value Determination. 136 In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the 137 above sections shall be assessed at actual fair market value, to be determined by the Commissioner of the 138 Revenue for the City of Virginia Beach. 139 140 Sec. W 11. Severability. 141 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such 142 decision shall not affect the validity of the remaining portions of this ordinance. 143 144 Sec. # 12. Effective Date. 145 This ordinance shall be effective January 1, 2010. 146 147 Adopted by the Council of the City of Virginia Beach, Virginia, on this 12th day of May, 2009. 148 149 Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services 1)/f~ City Attorney s ffice jj~(}J "I - 32 - Item V-K.4.a.4. ORDINANCES/RESOLUTIONS ITEM # 58794 Upun motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: FY 2009-10 Operating Budget: Ordinance AUTHORIZING the City Manager to submit an Annual Funding Plan to the u.s. Department of Housing and Urban Development (BUD) Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones. Mayor William D. Sessoms. Jr.. Ron A, Villanueva. Rosemary Wilson and James L. Wood Council Members Voting Nay; None Council Members Absent: John E. Uhrin May 12, 2009 II 1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO 2 SUBMIT AN ANNUAL FUNDING PLAN TO THE U.S. 3 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 4 WHEREAS, the United States Congress has established legislation designated as the Housing and 5 Community Development Act of 1974 that sets forth the development of viable urban communities as a national 6 goal; 7 8 WHEREAS, there is federal assistance available for the support of Community Development and Housing 9 activities directed toward specific objectives, such as eliminating deteriorated conditions in low and moderate 10 income neighborhoods that are detrimental to the public health, safety, and welfare, as well as improving the 11 City's housing stock and community services, along with other related activities; and 12 13 WHEREAS, as a prerequisite to receiving the above-referenced federal assistance, the City of Virginia 14 Beach has developed an Annual Funding Plan for submission to the Department of Housing and Urban 15 Development and has created the necessary mechanisms for its implementation in compliance with federal and 16 local directives; 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 19 VIRGINIA: 20 That the City Manager is hereby authorized and directed, as the executive and administrative head of the 21 City, to submit the City's FY 2010 Annual Funding Plan (the "Plan") and amendments thereto, along with 22 understandings and assurances contained therein and such additional information as may be required, to the 23 Department of Housing and Urban Development to permit the review, approval, and funding of the Plan. 24 25 Adopted by the Council of the City of Virginia Beach, Virginia, on this 12th day of May, 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: b ,v It Hh~6_ City Attorney's Office ---- "I - 33 - Item V-K.4.a.5. ORDINANCES/RESOL UTIONS ITEM # 58795 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED; FY 2009-10 Operating Budget: Ordinance TRANSFERING $8,800,000 from the School Reserve Special Revenue Fund to the FY 2008-09 General Fund Operating Budget Voting: 9-1 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill" DeSteph Council Members Absent: John E. Uhrin May 12, 2009 "I 1 AN ORDINANCE TO TRANSFER $8,800,000 FROM THE 2 SCHOOL RESERVE SPECIAL REVENUE FUND TO THE 3 CITY'S FY 2008-09 GENERAL FUND OPERATING BUDGET 4 WHEREAS, on May 6, 2003, the City Council established the Special Revenue Fund - School Reserve; 5 6 WHEREAS, due to unprecedented poor economic conditions, various sources of fund balance are 7 available for short-term use to mitigate structural budget changes until economic conditions return to normalcy; 8 and 9 10 WHEREAS, the School Reserve Special Revenue Fund has sufficient funds and $8,800,000 is available 11 to address community needs. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 VIRGINIA: 15 16 That $ 8,800,000 from the School Reserve Special Revenue Fund is hereby transferred to the City's FY 17 2008-09 General Fund Operating Budget. 18 19 BE IT FURTHER ORDAINED: That this ordinance shall be effective on June 30, 2009. 20 21 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 12th day of May, 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J9'~Q. D/!/~- City Attorney's Office Management Services "I - 34 - Item V-K.4.a.6. ORDINANCES/RESOLUTIONS ITEM # 58796 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: FY 2009-10 Operating Budget: Ordinance DECLARING $9,000,000 within the Sandbridge Tax Increment Financing District (TIF) as surplus funds in the FY 2008-09 Operating Budget Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R, Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr" Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin May 12, 2009 "I 1 AN ORDINANCE TO DECLARE $ 9,000,000 OF FUNDING 2 WITHIN THE SANDBRIDGE TAX INCREMENT FINANCING 3 DISTRICT AS SURPLUS FUNDS IN THE FY 2008-09 4 OPERATING BUDGET 5 WHEREAS, the Sand bridge Tax Increment Financing District (Sand bridge TIF) and the Sand bridge 6 Special Service District (Sand bridge SSD), were established to provide a funding source for beach and shoreline 7 restoration and management at Sand bridge; 8 9 WHEREAS, an analysis of the Sandbridge TIF and the Sand bridge SSD occurs annually to ensure that 10 funding is adequate for long-term beach and shoreline restoration and management along Sand bridge; 11 12 WHEREAS, current projections indicate that the Sandbridge TIF and Sand bridge SSD have sufficient 13 funding to meet long-term obligations for beach and shoreline restoration and management; 14 15 WHEREAS, projections also indicate that the funding available exceeds the long-term obligations of the 16 project; and 17 18 WHEREAS, $ 9,000,000 is available as an unencumbered appropriation in the FY 2008-09 Sandbridge 19 TIF Reserve for Future Commitments. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 22 VIRGINIA: 23 (1) That $ 9,000,000 of funding within the Sand bridge TIF is hereby declared to be in excess of the 24 long-term obligations for beach and shoreline restoration and management and is hereby declared 25 surplus. 26 (2) That $ 9,000,000 is hereby transferred within the FY 2008-09 Operating Budget from the 27 Sand bridge TIF to the General Fund - Unappropriated Real Estate Tax Revenues. 28 29 BE IT FURTHER ORDAINED: That this ordinance shall be effective on June 30, 2009. 30 31 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 12th day of May, 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1:4 ~ _ ? 4-;2 City Attorney's 0 ice ,- -- i I I - 35 - Item V-K.4.a.7. ORDINANCES/RESOL UTIONS ITEM # 58797 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, AS AMENDED: FY 2009-10 Operating Budget: Ordinance to TEMPORARILY SUSPEND Transition Area Special Revenue Fund Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin May 12, 2009 II TEMPORARILY 1 AN ORDINANCE TO SUSPEND THE TRANSITION AREA SPECIAL 2 REVENUE FUND 3 WHEREAS, as a result of City Council accepting and approving the report of the Virginia Beach 4 Transition Area Technical Advisory Committee, staff subsequently established a Transition Area Special Revenue 5 Fund to earmark revenues generated within the Transition Area for future roadway projects; 6 7 WHEREAS, due to the lack of construction activity in the transition area, a minimal amount of revenue 8 has been generated; 9 10 WHEREAS, due to poor economic conditions the State has significantly reduced Virginia Department of 11 Transportation funding to our City; and 12 13 WHEREAS, the Capital Budget for FY 2009-10 appropriates $296,121 of the FY 2007-08 Fund Balance 14 of the Transition Area Special Revenue Fund to Capital Project #2-021 Rural Road Improvements; and 15 16 WHEREAS, staff recommends prioritizing and funding roadway needs overall rather than separately 17 within the Transition Area. 18 19 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 20 VIRGINIA THAT: 21 22 (1) The Transition Area Special Revenue Fund is suspended; and 23 (2) Staff will provide City Council with alternatives to address infrastructure needs associated with further 24 development in the Transition Area. 25 26 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be May 12, 2009. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on this 12th day of May, 2009. APPROVED AS TO CONTENT: ~e~sQ.~ APPROVED AS TO LEGAL SUFFICIENCY: D;2~~~_ City Attorney's ce II I - 36 - Item V-K.4.a.8. ORDINANCES/RESOLUTIONS ITEM # 58798 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED to the City Council Session of JUNE 9, 2009: FY 2009-10 Operating Budget: Resolution AUTHORIZING future budgets through an Annual rather than Biennial process Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay; None Council Members Absent: John E. Uhrin May 12, 2009 "I - 37 - Item V-KA.a.9. ORDINANCES/RESOLUTIONS ITEM # 58799 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY: FY 2009-10 Operating Budget: Ordinance to ELIMINATE 9 2-186.1 of the City Code re: preparation of the budget Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R, Davis, William R. "Bill" DeSteph, Harry E Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent; John E Uhrin May 12, 2009 II , - 38 - Item V-K4.b.1.2.3. ORDINANCES/RESOLUTIONS ITEM # 58800 Upon motion by Vice Mayor Jones. seconded by Councilman Dyer. City Council ADOPTED: FY 2009-10 Capital Budget: AUTHORIZE FY-2010/FY-2014 Capital Improvement Program (ClP); and, APPROPRIATE $236,429,109 for the FY 2010 Capital Budget, subject to funds being provided from various sources set forth therein AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of $62,900,000 for various public facilities and general improvements AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the maximum amount of$17,000,000 Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D, Sessoms. Jr.. Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin May 12, 2009 II I 1 AN ORDINANCE TO REVISE THE FY 2010/FY 2014 CAPITAL 2 IMPROVEMENT PROGRAM AND TO APPROPRIATE 3 $236,429,109 FOR THE FY 2010 CAPITAL BUDGET SUBJECT 4 TO FUNDS BEING PROVIDED FROM VARIOUS SOURCES 5 SET FORTH HEREIN 6 WHEREAS, the City Manager, on March 24, 2009, presented to City Council the Capital Improvement 7 Program for fiscal years 2010 through 2014; 8 9 WHEREAS, City Council held public hearings on the program to provide for public comment; 10 11 WHEREAS, based on public comment, City Council has determined the need for certain projects in the 12 Capital Improvement Program; and 13 14 WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in the 15 2010 fiscal year, as set forth in said Capital Improvement Program. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 18 VIRGINIA: 19 20 Section 1. That the Capital Improvement Program, as modified, for the construction of, or addition to, 21 capital facilities identified for fiscal years 2010 through 2014 is hereby adopted, and the projects listed therein 22 are hereby approved as capital projects. 23 24 Section 2. That the projects shall be financed from funds to be appropriated periodically by City Council, 25 and until funds are so provided, the projects are for planning purposes only and may be deleted, altered, or 26 rescheduled in any manner at any time by City Council. 27 28 Section 3. That funds in the amounts aggregating $236,429,109 for capital projects in the Capital 29 Budget for the 2010 fiscal year, as set forth in said Capital Improvement Program, are hereby appropriated, by 30 project and subject to the conditions set forth herein. The amount of funding for individual projects is set forth 31 in "Attachment A - Capital Budget Appropriations," a copy of which is attached hereto. 32 33 Section 4. That in accordance with Section 2-196 of the City Code, financing sources in support of the 34 Capital Budget for the 2010 fiscal year as set forth in said Capital Improvement Program are attached to this 35 ordinance as "Attachment B - Financing Sources." 36 37 Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in accordance 38 with said Capital Improvement Program and reallocated as identified in "Attachment C - Transfers," a copy of 39 which is attached hereto. 40 41 Section 6. That additional appropriations, the addition of capital projects, and changes in project scope 42 shall not be initiated except with the consent and approval of the City Council first being obtained, and an 43 appropriation for a project in the Capital Improvement Program shall continue in force until the purpose for 44 which it was made has been accomplished or abandoned. 45 46 Section 7. That all contracts awarded for approved and appropriated capital projects, exclusive of 47 school projects, must be certified as to the availability of funds by the Director of Finance prior to the initiation 48 of work on the contract. 49 50 Section 8. That subject to any applicable restriction of law or of any bonds or bond issue, the City 51 Manager or the Director of Management Services is authorized to approve transfers of appropriations in an 52 amount up to $100,000 between capital projects as may best meet the needs of the City. The City Manager 53 shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. The City 54 Manager or the Director of Management Services is hereby authorized to establish and administer the II 55 budgeting of capital projects consistent with best management practices, reporting requirements and the 56 Capital Improvement Program adopted by the City Council. 57 58 Section 9. That to ensure timely completion of water and sewer projects, appropriations for water and 59 sewer companion projects may be transferred between these projects by the City Manager (or designee). 60 "Companion projects" mean water and sewer projects having the same name or project scope and description 61 with the exception of "water" or "sewer" being in the title and/or project scope and description. 62 63 Section 10. That the City Manager or the Director of Management Services is hereby authorized to 64 change, subject to any applicable restriction of law or of any bonds or bond issue, the financing sources for the 65 various capital projects included in this or previous ordinances to reflect effective utilization of the financing 66 sources and actu31 collections and/or realized revenues. If the financing sources in support of capital projects 67 decline, the City Manager or the Director of Management Services is authorized to reduce, subject to any 68 applicable restriction of law or of any bonds or bond issue, those appropriations to equal the changed financing 69 source. The City Manager must give prior notice to the City Council of any reductions to total appropriations 70 exceeding $100,000. The notice to City Council shall identify the basis and amount of the appropriation 71 reduction and the capital projects affected. The accounting records of the City will be maintained in a manner 72 where the total of financing sources is equal to the total appropriations for each of the City's capital projects 73 funds. 74 Section 11. That the funding sources and/or appropriations for the following capital improvement 75 projects should be amended. 76 (a) Th3t the funding source for 3n 3ppropriation of $9,851,250 to CIP #9 018, "Convention Center 77 Repl3cement," is hereby changed from contribution from the St3te to fund bal3nce of the M:Jjor Projects Fund. 78 79 (a) {.9.} That the fundinq source for an appropriation of $700.000 $204,072.11 to CIP #6-103, "Lake 80 Ridqe Interceptor Force Main." is hereby chanqed from contribution from HRSD to retained earninqs of the 81 Water and Sewer Utility Fund. 82 (c) Th3t the funding source for an appropriation of $81,111 to CIP #1 972, "Red Wing Golf Course 83 Renov3tion and Exp3nsion (Partial)," is hereby changed from transfer from the Golf Course Speci31 Revenue 84 Fund to fund balance from the Golf Courso Special Revenue Fund. 85 86 (b ) That the appropriation and related fundinq sources from donations. SPSA and State contributions 87 totalinq $607.033.14 to CIP # 3-005. "Underqround Storaqe Tanks - City". are hereby reduced, and the fundinq 88 source chanqed to $7.429.61 in miscellaneous revenue. 89 90 (c) That the fundinq source for an appropriation of $697.305 to CIP #3-441. "Corrections Center Addition 91 III/Buildinq Maintenance & Landscape Relocation", is hereby chanqed from State Jail Construction to State 92 Contribution 2004. 93 94 (d) That the appropriation and related fundinq sources from State Contributions to 9-010 totalinq 95 $503.640.68 to CIP #9-010. "Virqinia Marine Science Museum - Phase III (Desiqn). are hereby reduced and 96 chanqed to $246.359.32 in State Contribution 2004. 97 98 (e) That the fundinq source for an appropriation of $2,700.000 to CIP #9-704. "Beach Erosion Control 99 and Hurricane Protection. is hereby reduced and chanqed from Federal Contribution to $1 ,772.287.42 in State 100 Contribution 2004 and $927,712.58 in interest on bank deposits. 101 102 (f) That the fundinq source for an appropriation of $1.149.295 to CIP #1-234. "Virqinia Beach Middle 1 03 School Replacement:' is hereby chanqed from charter bonds to $1.006.140 Virqinia Public School Authority 104 subsidy. and $143,155 premium from sale of bonds. and $1.149.295 of charter bonds are added to CIP #2- 105 143. "Laskin Road Gateway-Phase I-A." 106 107 (q) That the appropriation from State Contribution 2008 to CIP #2-048, "Princess Anne Road/Kempsville 108 Road Intersection Improvements". is hereby increased by $380.150. 109 "I I 110 D:l.l That the appropriation from State Contribution 2009 to CIP #2-048. "Princess Anne Road/Kempsville 111 Road Intersection Improvements", is hereby increased by $2.331,557. 112 113 Section 12. That the Capital Improvement Program debt management policies contained and included 114 in the Resource Management Plan document shall be the policy guidelines of the City, and the City Manager 115 shall annually report on the status of those guidelines and the projected impact of the proposed Capital 116 Improvement Program on those guidelines, such information to be included in the Resource Management Plan 117 submittal. The City Manager may propose modifications to those policies and guidelines through the Resource 118 Management Plan. 119 120 Section 13. That subject to the appropriation of sufficient funds within a capital project, the acquisition of 121 real property necessary for the project is authorized by means of voluntary negotiation with willing sellers. 122 123 Section 14. That violation of this ordinance shall result in the City Manager taking disciplinary action 124 against the person or persons responsible for the capital project in which the violation occurred. 125 126 Section 15. That if any portion of this ordinance is for any reason declared to be unconstitutional or 127 invalid, such decision shall not affect the validity of the remaining portions of this ordinance. 128 129 Section 16. That this ordinance shall be in effect from the date of its adoption; however, appropriations 130 for the FY 2010 Capital Budget shall be effective on July 1, 2009. 131 132 Adopted by the City Council of the City of Virginia Beach, Virginia on this 12th day of May, 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: fj Pt?~ City Attorney's Office Project Number Attachment A - Capital Budget Appropriations Projects Economic Vitalitv Economic and Tourism Development 9.058 Rudee Inlet Connector Walk 9.060 Oceana & Interfacility Traffic Area Conformity & Acquisition 9.081 Strategic Growth Area Program 9.141 Economic Development Investment Program (On-Going) Total Economic and Tourism Development Projects Buildinqs 3.054 3.133 3.365 3.371 Total Economic Vitality Projects Safe Community II Appropriations FY 2009-10 $ 260,000 15,000,000 3,500,000 2,120,578 $ 20,880,578 $ 20,880,578 Animal Control & K-9 Unit Replacements Fire Training Center Improvements - Phase III Fire Facility Rehabilitation and Renewal - Phase II Fire Apparatus - Phase II $ 2,616,600 2,428,599 731,747 1,326,278 Total Building Projects $ 7,103,224 Communications and Information Technoloqy 3.086 CIT - EMS - Handheld Field Reporting (Partial) 3.094 CIT - Police - Telestaff T&M Module 3.142 CIT - Communications Infrastructure Replacement - Phase II Total Communications and Information Technology Projects Roadways 2.021 2.031 2.048 2.052 2.072 2.089 2.118 2.129 2.143 2.157 2.160 2.173 2.263 2.268 2.300 2.305 2.931 Total Safe Community Projects Qualitv Phvsical Environment Rural Road Improvements Street Reconstruction Princess Anne Road/Kempsville Road Intersection Improvement (First Cities) Traffic Signal Rehabilitation First Colonial RoadNirginia Beach Boulevard Intersection Improvement Southeastern Parkway & Greenbelt (Partial) Shore Drive Corridor Improvements - Phase IV Pavement Maintenance Program Phase II Laskin Road Gateway - Phase I-A Lynnhaven Parkway - Phase IX (VDOT) City Wide Street Lighting Improvements - Phase II Norfolk Southern Right-of-Way Acquisition Major Bridge Rehabilitation Wetlands Mitigation Banking Traffic Safety Improvements - Phase III Princess Anne Road- Phase IV (VDOT) Witchduck Road - Phase I ( First Cities Project) Total Roadways Projects $ 450,000 539,760 2,716,000 $ 3,705,760 $ 10,808,984 $ 396,121 2,150,000 4,137,708 100,000 1,133,000 98,384 1,200,000 10,028,305 8,854,900 3,000,000 60,000 10,000,000 660,000 50,000 1.158,380 11,129,836 12,147,113 $ 66,303,747 Project Number Buildinqs 3.359 3.366 3.367 3.368 Water Utilitv 5.084 5.086 5.167 5.302 5.303 5.404 5.405 5.501 5.602 5.708 5.801 5.802 5.804 5.805 5.806 5.944 5.951 5.952 5.967 Sewer Utilitv 6.019 6.031 6.041 6.061 6.070 6.085 6.089 6.106 6.148 6.149 6.203 6.404 6.405 6.411 6.451 6.502 6.505 6.506 6.602 6.603 6.612 Attachment A . Capital Budget Appropriations Projects Qualitv Phvsical Environment Building Modernizations, Renewals and Replacements (Partial) Various Buildings HVAC Rehabilitation and Renewal- Phase II Various Buildings Rehabilitation and Renewal - Phase II Various Site Acquisitions Total Buildings Projects System Expansion Cost Participation Agreements - Phase II Comprehensive Water Master Planning - Phase V Water Tank Upgrade Program - Phase III Potable Wells Evaluation Program - Phase II Water Quality Program - Phase III Computerized Mapping & Infrastructure Management - Phase II Customer Information System Version Migration Water Pumping Station and Tank Upgrade Program-Phase I Princess Anne Road/Kempsville Road Intersection Improvements Resort Area Neighborhood Revitalization Various Water Infrastructure Maintenance Program- Phase II Utility Crossings Condition Assessment Water Line Extension, Replacement and Rehabilitation Program Water System Aging Infrastructure Program - Phase I Backflow Prevention & Cross-Connection Control Pgm -Phase II Princess Anne Road Water Improvements Phase IV (VDOT) Water Tap Installation Program Water Pump Station Flow Monitoring and Data Storage Water Resources Investigation & Planning - Phase I Total Water Utility Projects Resort Area Neighborhood Revitalization Sewer Appurtenances Evaluation & Improvements Pump Station Modifications - Phase V Comprehensive Emergency Response & Planning - Phase II Infiltration, Inflow, & Rehabilitation - Phase V Sanitary Sewer Aging Infrastructrue Program - Phase II Comprehensive Sewer Master Planning - Phase IV Various Roadway/Storm Water Coordination - Phase V System Expansion Cost Participation Agreements - Phase II Princess Anne Sewer Force Main Phase IV (VDOT) Lotus Gardens Sewer Improvements - 51 % Program Computerized Mapping & Infrastructure Management - Phase II Customer Information System Version Migration CIT - Service Area Master Planning & Info. System (SAM PIS) Engineering Services - Various Projects Private Sanitary Sewer Pump Station Abandonment Program Princess Anne Plaza Rehabilitation - Phase II Sanitary Sewer System Revitalization Program - Phase I Princess Anne Road/Kempsville Road Intersection Improvements Witchduck Road - Phase I Sewer Improvements Pump Station Wet Well Revitalization "I I Appropriations FY 2009-10 $ 100,000 1,345,334 3,830,390 2,000,000 $ 7,275,724 $ 50,000 200,000 100,000 275,000 100,000 50,000 600,000 203,000 740,000 100,000 50,000 50,000 50,000 200,000 100,000 2,700,000 185,000 210,000 100,000 6,063,000 $ $ 800,000 50,000 6,000,000 50,000 6,500,000 400,000 500,000 100,000 100,000 210,000 25,000 50,000 600,000 50,000 50,000 300,000 1,300,000 3,000,000 550,000 350,000 700,000 Project Number Attachment A . Capital Budget Appropriations Projects Qualitv Phvsical Environment Sewer Utilitv (Continued) 6.613 Auxiliary Power Program - Sewer Pump Stations - Phase II 6.801 Various Sewer Infrastructure Maintenance Support - Phase II 6.802 Utility Crossings Condition Assessment Program 6.804 Sanitary Sewer Regulatory Compliance Program - Phase I 6.951 Sewer Tap Installation Program 6.952 Sewer Pump Station Flow Monitoring and Data Storage 6.973 Sanitary Sewer Capacity Program - Phase I Total Sewer Utility Projects Storm Water Utilitv 7.004 Storm Water Infrastructure Rehabilitation 7.005 North Lake Holly Watershed 7.016 South Lake Holly Watershed 7.049 Beach Garden Park - Kilborne Court & Holly Road Improvements 7.063 Neighborhood Storm Water Infrastructure Improvements 7.067 Primary System Infrastructure Improvements 7.091 Residential Drainage Cost Participation Program 7.152 Lake Management 7.153 Lynnhaven Watershed Restoration 7.183 Storm Water Quality Enhancements Coastal 8.002 8.003 8.004 8.007 8.008 8.023 8.110 8.282 8.830 Buildinqs 3.103 3.147 3.148 3.278 3.292 Total Storm Water Utility Projects "I ! Appropriations FY 2009-10 680,000 $ 50,000 50,000 4,522,000 435,000 1,015,000 500,000 $ 28,937,000 $ 2,789,700 1,837,500 1,000,000 900,000 400,000 810,000 50,000 536,280 522,635 2,680,044 $ 11,526,159 Beach Profile Monitoring Program Landfill #2 Phase I Closure Various Minor Dredging Projects Rudee Inlet Outer Channel Maintenance Dredging Beach Replenishment Sandbridge Beach Access Improvements & Sand Management Eastern Branch Lynnhaven River Dredging Sand bridge Beach Restoration Rudee Inlet Federal Dredging $ 25,000 687,536 50,000 270,000 1,476,120 225,000 517,282 3,980,000 460,000 Total Coastal Projects $ 7,690,938 Total Quality Physical Environment Projects $ 127,796,568 Cultural and Recreational Opportunities Heritage Building - Maintenance Program Historic Property Acquisition Revolving Fund Aquarium/Owl Creek Master Plan Virginia Aquarium Renewal and Replacement - Phase II Virginia Aquarium Animal Care Annex (Partial) Parks and Recreation 4.013 Community Rec Centers Repairs and Renovations - Phase II 4.016 Parks & Special Use Facilities Development & Renovation - Phase II 4.017 Golf Courses Equipment & Infrastructure - Phase II $ 150,000 200,000 100,000 325,000 124,658 899,658 $ $ 4,363,207 889,395 200,000 Attachment A - Capital Budget Appropriations Project Number Projects Cultural and Recreational Opportunities Parks and Recreation (Continued) 4.018 Greenways, Scenic Waterways & Natural Areas - Phase II 4.023 Neighborhood Parks Acquisition and Development - Phase II 4.024 Park Playground Renovations - Phase II 4.036 Tennis Court Renovations - Phase II 4.055 Open Space Park Development and Maintenance 4.063 Athletic Fields Lighting & Renovations - Phase II 4,070 Open Space Program Site Acquisition - Phase II 4.072 Williams Farm Community Recreation Center Design 4.080 Sportsplex Renewal & Replacement - Phase I 4.309 Mount Trashmore District Park Renovations - Phase II Total Parks and Recreation Projects Total Cultural and Recreational Opportunities Projects Qualitv Education and LifelonQ LearninQ Schools 1.001 1.019 1.026 1.078 1.085 1.099 1.103 1.104 1.105 1.106 1.232 1.234 Renovations and Replacements - Energy Management Great Neck Middle School Replacement College Park Elementary School Replacement Pupil Transportation Services Maintenance Facility Renaissance Academy Renovations and Replacements - Grounds - Phase II Renovations and Replacements - HVAC Systems - Phase II Renovations and Replacements - Reroofing - Phase II Renovations and Replacements - Various - Phase II Kellam High School Tennis Court Renovations Virginia Beach Middle School Replacement Total Schools Projects 3.262 TCC Expansion/Operation Smile Headquarters Total Buildings Projects Total Quality Education and Lifelong Learning Projects Qualitv OrQanization Communications and Information Technoloqy Proiects 3.052 CIT- IT Service Continuity $ 3.119 CIT - Cable Access Infrastructure Replacement 3.124 CIT - COPS Interoperable Communications Technology Grant - Phase II 3.280 CIT - City Human Resources/Payroll System 3.340 CIT - Telecommunications Replacement Total Communications and Information Technology Projects $ Total Quality Organization Projects $ II Appropriations FY 2009-10 150,000 150,000 $ 480,000 400,000 1,900,000 200,000 625,000 300,000 417,573 250,000 $ 10,325,175 $ 11,224,833 $ 850,000 17,000,000 12,056,979 3,948,477 4,614,807 800,000 3,700,000 2,650,000 1,060,000 13,958,783 265,000 1,765,262 $ 62,669,308 $ 1,500,000 $ 1,500,000 $ 64,169,308 390,555 558,283 50,000 300,000 250,000 1,548,838 1,548,838 Total Capital Budget $ 236,429,109 II Attachment B - Financing Sources Capital Budget Financing Sources FY 2009-10 Federal Contribution $ 26,576,308 Franchise Fees 313,000 Fund Balance - General Fund 33,912,998 Fund Balance - Other 3,459,421 Fund Balance - School Reserve Fund 4,400,000 General Appropriations 37,008,518 General Obligation Bonds 66,902,805 Interest Income - Schools Capital Projects 2,500,000 Other Localities 50,000 Private Contribution 100,000 Retained Earnings - Water and Sewer 14,554,900 State Contribution 11,525,000 Storm Water Utility Fund 10,626,159 Water and Sewer Bonds 17,000,000 Water and Sewer Fund 7,500,000 Total Financing Sources $ 236,429,109 Projects Attachment C - Transfers II Appropriations Prior to FY 2009-2010 Roadway Proiects Transfer To: 2.048 2.073 2.116 2.143 2.305 2.931 Transfer From: 2.072 2.107 2.117 2.165 2.256 2.931 Qualitv Phvsical Environment Princess Anne Road/Kempsville Road Intersection Improvements (First Cities) Buckner Boulevard Extended Shore Drive Corridor Improvements - Phase II (Partial) Laskin Road Gateway - Phase I-A Princess Anne Road- Phase IV (VDOT) Witchduck Road - Phase I (Revenue Reduction) Total Transfer To: $ First Colonial RoadNirginia Beach Boulevard Intersection Improvements $ Seaboard Road Shore Drive Corridor Improvements - Phase III (Partial) Laskin Road - Phase II (First Cities Project) Indian River Road - Phase VII (First Cities Project)(Partial) Witchduck Road - Phase I (2008 State Contribution) Total Transfer From: $ Water and Sewer Utility Proiects Transfer To: 5.006 5.088 5.089 5.092 5.400 5.501 6.019 6.069 6.138 6.505 6.613 Transfer From: 5.207 5.710 6.081 Storm Water Proiects Transfer To: 7.902 Water Appurtenances Location & Improvements Small Line Improvements - Phase V Various Roadway/Storm Water Coordination - Phase V Landstown Yard Improvements - Phase III Fire Hydrant Program - Phase II Water Pumping Station and Tank Upgrade Program-Phase I Resort Area Neighborhood Revitalization Birdneck Road Sewer Improvements - Phase II (VDOT) Landstown Yard Improvements - Phase III Princess Anne Plaza Rehabilitation - Phase II Auxiliary Power Program - Sewer Pump Stations - Phase II Total Transfers From: $ Laskin Road Water Improvements - Phase I (VDOT) 19th Street Corridor Water Improvements Laskin Road Phase II & Gateway Improvements Total Transfer To: $ North Beach Drainage $ Total Transfers To: $ $ 10,000,000 300,000 100,000 4,200,000 2,358,526 1,378,474 18,337,000 300,000 4,200,000 100,000 3,000,000 7,000,000 3,737,000 18,337,000 $ 100,000 450,000 300,000 450,000 50,000 647,725 700,000 10,000 450,000 600,000 220,000 3,977,725 $ 3,499,041 275,000 203,684 3,977,725 5,070,000 5,070,000 Projects Transfer From: 7.016 7.063 7.091 7.152 7.160 7.183 BuildinQs Transfer To: 3.146 Attachment C - Transfers South Lake Holly Watershed North Lake Holly Watershed Residential Drainage Cost Participation Program Lake Management Thalia Creek Tributary Restoration (Partial) Storm Water Quality Enhancements Cultural and Recreational Opportunities II Appropriations Prior to FY 2009-2010 $ 2,200,000 900,000 200,000 200,000 768,335 801,665 5,070,000 Total Transfers From: $ Virginia Aquarium Building Systems Rehabilitation & Renewal - Phase I $ Total Transfers To: $ Transfer From: 3.292 Virginia Aquarium Animal Care Annex (Partial) Various Business Areas Transfer To: 8.005 Western Branch Lynnhaven River Maintenance Dredging Transfer From: 3.021 Fire and Rescue Station - Thalia 673,016 673,016 $ Total Transfers From: $ 673,016 673,016 $ 1,500,000 Total Transfer To: $ 1,500,000 $ 1,500,000 Total Transfer From: $ 1,500,000 II I 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL 2 OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY 3 OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT 4 OF $62,900,000 FOR VARIOUS PUBLIC FACILITIES AND 5 GENERAL IMPROVEMENTS 6 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of 7 general obligation public improvement bonds for various purposes in the maximum amount of $62,900,000, as 8 permitted by the City Charter, without submitting the question of their issuance to the qualified voters. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 1. That it is hereby determined to be necessary and expedient for the City to construct and improve 13 various public facilities and make general improvements, all of which will promote the public welfare of the City and its 14 inhabitants and will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs 15 thereof through the borrowing of up to $62,900,000 and issuing the City's general obligation bonds therefor. 16 17 2. That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized 18 to be issued general obligation public improvement bonds of the City in the maximum amount of $62,900,000, to 19 provide funds, together with other funds that may be available, for various public improvement projects, including 20 School, Roadway, Coastal, Economic and Tourism, Building, and Parks and Recreation projects, for project activities 21 that include, but are not limited to, the following: preliminary studies and surveys, permit compliance, environmental 22 assessment, planning, design, engineering, site acquisition, relocation of residents, utility relocation, construction, 23 renovation, expansion, repair, demolition, site improvement, site work, legal services, inspection and support services, 24 furniture and equipment, and contingencies. 25 26 3. That the bonds may be issued as a separate issue at one time or in part from time to time or 27 combined with bonds authorized for other purposes and sold as part of one or more combined issues of public 28 improvement bonds. 29 30 4. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years 31 from their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such 32 time or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 33 34 5. That the bonds shall be general obligations of the City for the payment of the principal, premium, if 35 any, and interest on which its full faith and credit shall be irrevocably pledged. 36 37 6. That the City Clerk is directed to make a copy of this ordinance continuously available for 38 inspection by the general public during normal business hours at the City Clerk's office from the date of adoption 39 hereof through the date of the issuance of the Bonds. 40 41 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately 42 file a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 43 44 8. That this ordinance shall be in full force and effective from its passage. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia on this 12th day of May, 2009. 47 48 Adoption requires the affirmative vote of two-thirds of all members of the City Council. II APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~~Q.r~ Manage ent Services Vj?~~~- City Attorney's ffice II I I 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND 2 SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA 3 BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $17,000,000 4 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of water and 5 sewer system revenue bonds in the maximum amount of $17,000,000 for financing improvements and expansions to 6 the City's water and sewer system (the "System"), as permitted by the City Charter without submitting the question of 7 their issuance to the qualified voters. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 10 11 1. That it is hereby determined to be necessary and expedient for the City to continue its program of 12 improving and extending the System, which will promote the public welfare of the City and its inhabitants and will 13 facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through the 14 borrowing of $17,000,000 and issuing the City's revenue bonds therefore. 15 16 2. That pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be 17 issued water and sewer system revenue bonds of the City in the maximum amount of $17,000,000 to provide funds, 18 together with other available funds, for financing the costs of improvements and expansions to the System. 19 20 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from 21 their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or 22 times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 23 24 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited 25 obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the 26 City from the System, and shall not be included within the otherwise authorized indebtedness of the City. The bonds 27 shall not be deemed to create or constitute an indebtedness of, or a pledge of the faith and credit of, the 28 Commonwealth of Virginia or of any country, city, town, or other political subdivision of the Commonwealth, including 29 the City. The issuance of the bonds and the undertaking of the covenants, conditions, and agreements to be 30 contained in resolutions to be adopted or agreements to be entered into hereafter shall not directly, indirectly, or 31 contingently obligate the Commonwealth, the City, or any other political subdivision of the Commonwealth to levy and 32 collect any taxes whatsoever or make any appropriation therefore, except from the revenues pledged to the payment 33 of the principal of and premium, if any, and interest on the bonds. 34 35 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance 36 of the bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, charge, and 37 collect such rates, fees, and other charges for the use of and the services furnished by the System and to revise the 38 same from time to time and as often as shall be necessary so as to produce sufficient net revenues to pay principal of 39 and premium, if any, and interest on the bonds as the same become due and to provide a margin of safety therefor. 40 Such resolutions and agreements shall also include such additional covenants, agreements, and other terms as are 41 customary for the protection of the holders of water and sewer revenue obligations. 42 43 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the 44 general public during normal business hours at the City Clerk's office from the date of adoption hereof through the 45 date of the issuance of the bonds. 46 47 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a 48 certified copy of this ordinance with the Circuit Court of the City of Virginia Beach. 49 50 8. That this ordinance shall be in full force and effect from its passage. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia on this 12th day of May, 2009. 53 54 Requires an affirmative vote by a majority of all the members of the City Council. II I APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: LJ~(l,~ Management Services "[;J ;I ~~------- . City Attorney's ffice "I - 39 - Item V-K.5. ORDINANCES/RESOLUTIONS ITEM # 58801 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance to TRANSFER $150,000 from the FY 2008-09 General Fund Reserve for Contingencies to the Norfolk Southern Railway right-ot- way survey re: environmental impact studies and additional survey costs. Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D, Sessoms, Jr., Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent; John E. Uhrin May 12, 2009 II I 1 AN ORDINANCE TO TRANSFER FUNDS TO CAPITAL 2 PROJECT 2-186, NORFOLK SOUTHERN RIGHT-OF-WAY 3 SURVEY 4 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $150,000 is hereby transferred from the FY 2008-09 General Fund Reserve 10 for Contingencies to Capital Project 2-186, Norfolk Southern Right-of-Way Survey, for 11 environmental impact studies and additional survey costs. 12 13 Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day 14 of May , 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~o.~ 7);2 kZ. ~ City Attorney's Off~ ' Management Services CA 11123 R-2 April 29, 2009 II I - 40- Item V-K6. ORDINANCES/RESOLUTIONS ITEM # 58802 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance to AUTHORIZE the Virginia Beach Development Authority to award $400,000 to the Art Institute of Virginia Beach LLC and Armada/Hoffler Development Company re: development of The Art Institute of Virginia Beach at Town Center Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D, Sessoms, Jr.. Ron A. Villanueva. Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin May 12,2009 I I II I 1 AN ORDINANCE TO APPROVE THE 2 PROVISION OF $400,000 IN ECONOMIC 3 DEVELOPMENT INVESTMENT PROGRAM 4 FUNDS TO THE ART INSTITUTE OF VIRGINIA 5 BEACH LLC AND ARMADA/HOFFLER 6 DEVELOPMENT COMPANY BY THE CITY OF 7 VIRGINIA BEACH DEVELOPMENT AUTHORITY 8 9 WHEREAS, The Art Institute of Virginia Beach LLC ("Art Institute") has 10 contracted to lease from Armada/Hoffler Development Company ("AH") 35,000 square 11 feet of space in the Two Columbus Center Building in the Town Center of Virginia 12 Beach (the "Property"). 13 14 WHEREAS, In order to equip the Property for the needs of the Art Institute, it will 15 require approximately $8.4 million in build-out improvements to the Property (the "Build- 16 Out"). 17 18 WHEREAS, To offset a portion of the Build-Out, Art Institute and AH have jointly 19 applied to the City of the Virginia Beach Development Authority (the "Authority") for a 20 grant under the City's Economic Development Investment Program (the "EDIP"). 21 22 WHEREAS, Under the formula set forth in Part "A" of the EDIP, Art Institute and 23 AH would qualify for an award of $336,000, but the Authority has approved an award of 24 $400,000, subject to the authorization of City Council. 25 26 WHEREAS, City Council must approve an award under the EDIP in excess of 27 the amount allowed under the formula set forth in the EDIP before the Authority may 28 make any such award. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 The City of Virginia Beach Development Authority is authorized to award 34 $400,000 to The Art Institute of Virginia Beach LLC and Armada/Hoffler Development 35 Company under Part "A" of the City's Economic Development Investment Program for 36 the development of The Art Institute of Virginia Beach at Town Center. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th 39 day of May ,2009. 1 APPPROVED AS TO CONTENT: /J1Zt/~ Department of Economic Development CA-11013 \ \vbgov.com\dfs 1 lapplications\citylawprod\cycom32\ Wpdocs\D020IP005\00009857.DOC 5/1/09 R-1 II APPROVED AS TO LEGAL SUFFICIENCY: ......,,,.. .; /" .' ,,.' .' ," ,/ '..;7 , /'1 p/ . / /(i'-' /" City Attorney's Office 2 "I - 41 - Item V-K.7. ORDINANCES/RESOLUTIONS ITEM # 58803 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance to AUTHORIZE maximum amount for the sale and rental of Workforce Housing Units Voting: 10-0 (By Consent) Council Members Voting Aye; Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin May 12, 2009 I I 1 2 3 4 5 AN ORDINANCE TO APPROVE MAXIMUM PRICES FOR THE SALE AND RENTAL OF WORKFORCE HOUSING UNITS IN THE CITY OF VIRGINIA BEACH 6 WHEREAS, the City's Workforce Housing Ordinance (the "Ordinance") was 7 originally adopted by the City Council in August 2007, and was comprehensively 8 amended in October 2008; and 9 WHEREAS, in accordance with the provisions of the Ordinance, workforce 10 housing constructed pursuant to the approval of the City Council under Article 21 of the 11 City Zoning Ordinance must be priced so as to be affordable for purchase by a 12 household with a gross annual income between eighty (80) percent and one hundred 13 twenty (120) percent of Area Median Income, adjusted for household size; and 14 WHEREAS, in accordance with the provisions of the Ordinance, workforce 15 housing constructed pursuant to the approval of the City Council under Article 21 of the 16 City Zoning Ordinance must be priced so as to be affordable for rental by a household 17 with a gross annual income between sixty (60) percent and ninety (90) percent of Area 18 Median Income, adjusted for household size; and 19 WHEREAS, the United States Department of Housing and Urban Development 20 ("HUD") annually publishes the Area Median Income for the Virginia Beach-Norfolk- 21 Newport News, Virginia Metropolitan Statistical Area (MSA), which Area Median Income 22 is reflected in the attached table entitled "Workforce Housing Program Income 23 Guidelines as of March 19, 2009"; and 24 WHEREAS, the Workforce Housing Advisory Board (the "Board") is charged with 25 the duty to recommend to the City Council maximum sales and rental prices for 26 workforce housing units; and 27 WHEREAS, on April 20, 2009, the Board recommended maximum sales and 28 rental prices for workforce housing units, which prices are shown on the attached tables 29 entitled "Maximum Affordable Home Sales Prices (Discounted Sales Prices) as of May 30 12, 2009" and "Maximum Affordable Monthly Rent (includes tenant-paid utility 31 allowance) as of May 12, 2009"; and 32 WHEREAS, the City Council finds that the recommended maximum sales and 33 rental prices for workforce housing are fair and reasonable and appropriately based 34 upon the Department of Housing and Urban Development Area Median Income Area 35 Median Income for the Virginia Beach-Norfolk-Newport News, Virginia Metropolitan 36 Statistical Area; 37 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 38 OF VIRGINIA BEACH, VIRGINIA: II I 39 That the City Council hereby approves the maximum sales and rental prices for 40 workforce housing units shown on the attached tables entitled "Maximum Affordable 41 Home Sales Prices (Discounted Sales Prices) as of May 12, 2009" and "Maximum 42 Affordable Monthly Rent (includes tenant-paid utility allowance) as of May 12, 2009," 43 respectively. 44 Adopted by the City Council of the City of Virginia Beach on the 12th day 45 of May , 2009. 46 47 CA-11121 48 April 23, 2009 49 R-2 50 51 APPROVED AS TO CONTENT: 52 53 54 55 56 57 APPROVED AS TO LEGAL SUFFICIENCY: ~/Yl.~ City Attorney's Office 1,1 WORKFORCE HOUSING PROGRAM MAXIMUM AFFORDABLE SALES AND RENTAL PRICES Effective May 12, 2009 Maximum Affordable Home Sales Prices (Discounted Sales Price) Number in Household Household Income 1 2 3 4 5 6 7 8 120% Median Income $173,436 $201,786 $230,137 $258,488 $281 ,168 $303,849 $326,529 $349,210 110% Median Income $156,898 $182,886 $208,874 $234,862 $255,653 $276,443 $297,234 $318,024 100% Median Income $140,360 $163,986 $187,611 $211,237 $230,137 $249,037 $267,938 $286,838 90% Median Income $123,822 $145,085 $166,348 $187,611 $204,621 $221,632 $238,642 $255,653 80% Median Income $107,284 $126,185 $145,085 $163,986 $179,106 $194,226 $209,347 $224,467 Factors used in the calculation of sales prices: Area Median Income Housing Ratio = 30% Homeowner's insurance rate = $0.25 per $100 Real estate tax rate = $0.89 per $100 Monthly Condominium Fee = $150 Mortgage = fixed 6% interest rate with 360 terms (30 years) Maximum Affordable Monthly Rents* (includes tenant-paid utility allowance) Household Income Efficiency 1 BR 2BR 3BR 4BR 100% Median Income $1,188 $1,358 $1,528 $1,833 $1,969 90% Median Income $1,069 $1,222 $1,375 $1 ,650 $1 ,772 80% Median Income $951 $1,086 $1,222 $1,467 $1,575 70% Median Income $832 $951 $1,069 $1,283 $1,378 60% Median Income $713 $815 $917 $1 , 1 00 $1,181 Factors used in the calculation of rents: Area Median Income Housing Ratio = 30% Occupancy Standard of 1.5 Persons per Bedroom (similar to Housing Tax Credit Program) * All tenant-paid utilities (not to include cable television or telephone service) must be deducted from the above rent. 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'#. '#. '#. o 0 0 0 0) 00 I'- <D I, III I o ;;....0 ..D O\~ "'Or--- Q)\O ..0""" rn rn ."""" ."""" :go t;l~ ~::r:: rn '--' cd...... ..q- s:: ~ S "'00.. _ 0 0- ..0 ~ Q) ...- rn Q) ;:::jQ o s:: ::r:: cd cd-8 I-;~ <2"'0 0;3 ::E OJ) ~ .S '--' rn Q) ;:::j B~ U4-; s:: 0 -...... s:: s:: cd Q) .- 8 13'g ::E 0.. cd Q) ~Q ~ Vl ~~ E-< Q) oS II I - 42 - Item V-K.7.a. ORDINANCES/RESOLUTIONS ITEM # 58804 ADD-ON Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance to AMEND 97-58 of the City Code re: operation of wheeled devices Voting: 10-0 (By Consent) Council Members Voting Aye; Glenn R, Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor William D. Sessoms, Jr., Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent; John E. Uhrin May 12, 2009 "I 1 AN ORDINANCE TO AMEND SECTION 7-58 2 OF THE CITY CODE PERTAINING TO THE 3 OPERATION OF WHEELED DEVICES 4 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 8 That Section 7-58 of the City Code is hereby amended and reordained to read as 9 follows: 10 11 Sec. 7-58. Operation of other wheeled devices. 12 13 Unless specifically authorized by a franchise or permit qranted by City Council. 14 Title 46.2 of the Code of Virginia~ or this Chapter, it shall be unlawful for any person to 15 operate any type of wheeled device or vehicle on any City street, in the Resort Area or 16 at Town Center. 17 Adopted by the City Council of the City of Virginia Beach, Virginia, on this1 2th day of May ,2009. APPROVED AS TO LEGAL SUFFICIENCY: :?~~ City Attorney's Office CA11131 R-1 May 11,2009 "I - 43 - Item V-K.8. ORDINANCES/RESOLUTIONS ITEM # 58805 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance to AUTHORIZE a pilot program to establish a pedal cab service in and around the Resort A rea from May 23,2009, through October 1,2009. Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor William D. Sessoms, Jr., Ron A. Villanueva. Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin May 12, 2009 II 1 AN ORDINANCE TO AUTHORIZE A PILOT PROGRAM TO 2 ALLOW PEDAL CAB SERVICE IN SELECT AREAS IN AND 3 AROUND THE RESORT AREA FROM MAY 23, 2009 4 THROUGH OCTOBER 1, 2009 5 6 WHEREAS, the use of bicycles, surreys and other forms of pedal vehicles has 7 become a popular, convenient and environmentally friendly form of transportation in the 8 Resort Area; and 9 10 WHEREAS, because taxi service is slow in the Resort Area due to traffic 11 congestion, and public transportation is not available to many of the restaurants located 12 on Rudee Inlet, pedal vehicles have become an important means of transportation in 13 the Resort Area; and 14 15 WHEREAS, due to age or health issues, many visitors and residents are unable 16 to use pedal vehicles; and 17 18 WHEREAS, in an effort to provide additional transportation in the Resort Area, 19 L&M, Inc. (UL&M") applied to the City for a temporary permit to offer bicycle-style 20 rickshaw pedal cab taxi service in the following areas: (1) along the bike path and the 21 connector parks adjacent to the boardwalk, between Rudee Inlet and 42nd Street; (2) 22 on 5th Street, between Atlantic Avenue and Pacific Avenue; and (3) on Winston 23 Salem Avenue, between Pacific Avenue and Mediterranean Avenue ("Premises"); 24 and 25 26 WHEREAS, representatives of L&M presented a proposal to the Resort Advisory 27 Commission (URAC") on April 2, 2009 for a pilot program to operate up to four pedal 28 cabs on the Premises from May 23, 2009 to October 1 , 2009; and 29 30 WHEREAS, the RAC voted unanimously to endorse the pilot program; and 31 32 WHEREAS, operating criteria was developed and incorporated into the proposed 33 Temporary Permit Agreement (UAgreement") to minimize conflict with other pedal 34 vehicles and to ensure public safety; and 35 36 WHEREAS, the Police Department reviewed and provided comments on the 37 Agreement; and 38 39 WHEREAS, the Department of Convention and Visitors Bureau (UCVB") is 40 requesting that a Temporary Permit Agreement be issued to L&M to operate up to four 41 pedal cabs on the Premises from May 23, 2009 through October 1, 2009. 42 43 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 44 VIRGINIA BEACH, VIRGINIA: 45 "I 46 That City Council hereby consents to the issuance of a Temporary Permit 47 Agreement for Pedal Cab Transportation to L&M to offer bicycle-style rickshaw pedal 48 cab taxi service on the Premises for the period of May 23, 2009 through October 1, 49 2009, and authorizes the City Manager or his designee to execute a temporary permit 50 agreement with L&M for said purpose. Adopted by the Council of the City of Virginia Beach, Virginia on the 12th_ day of May ,2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: pa ment of Convention and isitors Bureau ;1. fl-,~ 1---- City Attor y's Office CA 11 092 R-4 April 28, 2009 II I Summary of Terms Temporary Permit Agreement for Pedal Cab Transportation Franchisee: L & M, Inc. Nature of Franchise: Offer bicycle-style rickshaw pedal cab service in the following areas: (1) the bike path and the connector parks adjacent to the boardwalk, between Rudee Inlet and 42nd Street; (2) on 5th Street, between Atlantic Avenue and Pacific Avenue; and (3) on Winston Salem A venue, between Pacific A venue and Mediterranean A venue. . Term: May 23, 2009 through October 1,2009. Franchise Fee: $1,000 for the term. This fee is for the operation of two (2) pedal cabs. Franchisee may operate up to four (4) pedal cabs. If Franchisee operates more than two (2) pedal cabs, Franchisee shall pay to the City the additional sum of five hundred dollars ($500.00) per pedal cab. Expansion of Service Area: The Franchisee may submit a written request to the City to expand the scope of its service area beyond the three areas specified above. The City Manager or designee may authorize such expansion. Non-Exclusive Franchise: The City is authorized to grant other franchises in the subject area. Operational Criteria: The Agreement stipulates operational standards and safeguards such as: . Good working order of vehicles and approval of appearance by City . Proper working braking mechanism engaged when loading and unloading passengers . Operated on bike path at a maximum speed of five (5) miles per hour . Slow moving vehicle emblem displayed on rear during daylight hours approved by City . Lights and illumination devices on all vehicles at night approved by City . Pedestrians have the right-of-way and operators will protect the public's safety . Loading and unloading plans shall require prior approval by City . Vehicles shall cross streets at signalized intersections only . Operators must be employee of Franchisee and present with passengers at all times . Proper attire must be worn by operators with name tag and company name . Operators shall not sell, solicit, offer, distribute, or provide any information regarding time shares, vacation packages, lodging accommodations, hotels, motels, inns, campgrounds, restaurants, retail stores and entertainment establishments . No advertisements, other than name, fee, and the location of the service shall be placed or maintained on or in Premises . Any changes in the operational criteria shall require prior written approval of City Hold Harmless: Franchisee indemnifies and holds harmless the City for loss and liability. Insurance: $2,000,000 combined single limits. Termination: City may terminate Agreement for reason of Franchisee's failure to comply with the terms of the Agreement. I I II TEMPORARY PERMIT AGREEMENT FOR PEDAL CAB TRANSPORTATION PilOT PROGRAM IN SELECT AREAS IN AND AROUND THE RESORT AREA THIS AGREEMENT, made the day of , 2009, by and between the CITY OF VIRGINIA BEACH, a municipal corporation, organized and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as "City," and L & M, Inc., with a principal place of business at 2325 Newstead Drive, Virginia Beach, Virginia, hereinafter referred to as "Grantee." WITNESETH: WHEREAS, Grantee has applied to the City for a temporary permit to conduct a bicycle-style rickshaw pedal cab taxi service on public property in and around the Resort Area ("Pedal Cab Service"); and WHEREAS, to that end, Grantee represents that it will comply with all applicable provisions of federal, state, and municipal law, and all pertinent rules and regulations of any board, committee, agency, or commission thereof; and WHEREAS, the City finds that Pedal Cab Service would promote the public interest and would serve to enhance the festive atmosphere at the oceanfront. Now, therefore, for and in consideration of the mutual promises and covenants herein set forth, it is agreed as follows: 1. Conditions of Grant of Permit a. It is expressly agreed and understood by Grantee that the grant of the temporary permit described herein below is conditional, the grant of such temporary permit being conditioned upon Grantee's obtaining any other required permits and/or licenses, and being further conditioned upon Grantee's compliance with all of the 1 II I terms and conditions of this Agreement. It is expressly agreed and understood by Grantee that the failure of Grantee to obtain anyone or more of the required approvals, licenses, or permits shall render this Agreement null, void, and of no force and effect. b. The grant of the temporary permit to Grantee shall also be subject, in addition to the foregoing conditions, to such further conditions as the City may, in its discretion, impose upon Grantee. 2. Grant of Permit a. Subject to the provisions of paragraph 1 of this Agreement, or any other condition imposed by this Agreement or by law, the City does hereby grant unto Grantee a temporary permit to offer Pedal Cab Service as a pilot program, to be operated: (1) along the bike path and the connector parks adjacent to the boardwalk, between Rudee Inlet and 42nd Street; (2) on 5th Street, between Atlantic Avenue and Pacific Avenue; and (3) on Winston Salem Avenue, only between Pacific Avenue and Mediterranean Avenue ("Premises"). Grantee may submit to the City a written request to expand the scope of the Premises. Any request to expand the scope of the Premises must be approved, in writing, by the City. The term of the Agreement shall be from and including May 23, 2009, to and including October 1, 2009. b. This Agreement shall not be renegotiated or continued unless a franchise is granted by the City Council of the City of Virginia Beach pursuant to Section 15.2-2100 of the Code of Virginia of 1950, as amended. 2 I I "I c. Grantee shall be permitted, in its sole discretion, to operate daily from 10:00 a.m. to 11 :00 p.m. However, the City reserves the right to suspend or modify the hours of operation in the event the beach is being used for (i) a permitted special event, or (ii) a City-sponsored function or event, or (iii) the boardwalk is closed for repairs, or (iv) if the City Manager or his authorized designee determines that the weather conditions is of an intensity and duration that renders the operation of Pedal Cab Service a danger to the health, safety and welfare of the public. d. Except as set forth in paragraph 3 (b) of this Agreement, for purposes of this Agreement, Pedal Cab Service shall consist of no more than two (2) individually operated bicycle-style rickshaw pedal cabs. 3. Permit Fee a. Grantee shall pay to the City for use of the Premises a fee, hereinafter the "Permit Fee," in the amount of one thousand dollars ($1,000) for the term of operation. Said fee shall be paid in full at the signing of the Agreement. b. If Grantee determines that additional pedal cabs would be appropriate for its operation, Grantee may operate up to two (2) additional pedal cabs, for a total of four (4) pedal cabs. In the event that Grantee operates additional pedal cabs, Grantee shall pay to the City, in addition to the Permit Fee, the sum of five hundred dollars ($500) per pedal cab ("Supplemental Fee"). c. The failure of Grantee, for any reason, to pay the Permit Fee, or the Supplemental Fee, if applicable, shall constitute grounds for the immediate cancellation of this Agreement and forfeiture of any rights conferred upon Grantee by this Agreement. The City may, but shall not be required to, extend the period of 3 II I time within which a payment shall be tendered or may, in lieu of any other remedy, treat this Agreement as remaining in full force and effect and avail itself of any and all lawful means of collecting such Permit Fee and Supplemental Fee. d. In the event of the cancellation of this Agreement or the termination of the permit granted hereunder prior to the expiration of its stated term, for any reason, no portion of any monies paid by or on behalf of Grantee on account of the Permit Fee or the Supplemental Fee shall be refundable. 4. Nonexclusive Permit It is expressly understood and agreed by Grantee that the permit is not exclusive. The City hereby reserves unto itself the right to grant similar permits to any person, firm, corporation, or other entity at any time and from time to time. 5. Compliance with Law Grantee shall comply with all federal, state and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the conduct of the Pedal Cab Service. 6. Operational Criteria a. Pedal cabs shall be maintained in good working order and shall be aesthetically pleasing. The City shall approve the appearance of the pedal cabs. b. Pedal cabs shall have a proper working braking mechanism. Such mechanism shall be engaged for loading and unloading passengers. c. Pedal cabs shall be operated on the Premises at a maximum speed of five (5) miles per hour. 4 II d. Pedal cabs shall display a "slow moving vehicle emblem" on the rear of the vehicle during daylight hours. A battery powered blinking light or other illumination devices shall be placed and used on all pedal cabs at night. The City shall approve the emblem, lights, and other illumination devices. e. All pedestrians shall have the right of way and the Grantee shall make every reasonable effort to protect the public's safety. f. No pedal cab shall be loaded or unloaded on the boardwalk, the boardwalk bike path, Atlantic Avenue, the trolley lane, or the sidewalks in the resort area. The staging, loading, and unloading of passengers shall be done in connector parks, greenbelt, or other areas mutually agreed upon by the City and Grantee. No loading or unloading, or settling of bills, shall be done in the trolley lane. Loading and unloading plans shall require approval by the City. g. Pedal cabs shall cross streets (including, but not limited to, Atlantic Avenue and Pacific Avenue) at signalized intersections only, unless an alternative location is approved, in writing, by the City. h. Pedal cab operators must be employed by Grantee. i. Pedal cab operators must be present with passengers at all times during the Pedal Cab Service. j. Grantee shall provide to each of its employees, attire which appropriately identifies the pedal cab ride operation. Such attire shall be approved by the Convention and Visitor's Bureau. The approved attire must be worn by on- duty employees during all hours of operation. Failure of an employee to be properly attired shall result in the Pedal Cab Service being discontinued until the proper attire 5 "I is obtained. All outer wear shall have at least a name tag with the Grantee's official logo or company name. k. Persons operating pedal cabs shall not sell, solicit, offer, distribute, or provide any information, written or oral, regarding any operation or service in connection to time shares, vacation packages, lodging accommodations, hotels, motels, inns, campgrounds, restaurants, retail stores and entertainment establishments. I. No advertisements, other than the name of Grantee, and the fee for the use and the location of the Pedal Cab Service, shall be placed or maintained by the Grantee on or in the Premises. m. Any changes in the operational criteria shall require prior written approval of the City. 7. Condition of Premises Grantee shall be responsible for repairing all damage to public property caused by its operation. Any and all damages resulting from the Grantee's operation shall be immediately reported to the Resort Administrator or his/her designee and repaired within a time period specified by the City. 8. Permitted Uses Grantee shall not use the Premises, nor suffer the Premises to be used, for any purpose other than as contemplated by this Agreement. 9. Riqht of Inspection The City, by its authorized officers, agents, or employees, shall have the right to inspect the operation at any and all reasonable times, with or without notice, for 6 "I the purpose of determining Grantee's compliance with the provisions of this Agreement. 10. Assiqnment of Permit Grantee shall not, assign, delegate, or otherwise transfer, in whole or in part, the permit agreement or any of Grantee's rights or obligations arising hereunder. In the event the City discovers Grantee made such an assignment, the Grantee will be found in breach of the terms of this Agreement, and the Agreement will be immediately terminated. 11. Interest of Grantee Grantee shall acquire no interest in the Premises, legal or equitable, other than the right to occupy such Premises during the term of this Agreement for the sole purpose of conducting the Pedal Cab Service in compliance with, and subject to, the provisions of this Agreement, and such rights in and to Grantee's personalty used in and about the operation of its establishment are as conferred upon Grantee by law. Nothing in this Agreement shall constitute, be construed as, or be deemed to be the grant of a franchise. 12. Relationship of Parties It is mutually understood and agreed by the parties that nothing contained in this Agreement is intended, or shall be construed, as in any manner creating or establishing any agency relationship between the parties or any relationship of joint enterprise or partnership. Grantee shall have no authority, express or implied, to act or hold itself out as the agent or representative of the City for any purpose. Grantee shall at all times remain an independent contractor, solely responsible for all 7 "I obligations and liabilities of, and for all loss and damage to, Grantee's operation, including the Premises and property thereupon, and for all claims and demands resulting from Grantee's operation. 13. Hold Harmless/Indemnification It is understood and agreed that Grantee hereby assumes the entire responsibility and liability for any and all damages to persons or property caused by or resulting from or arising out of any act or omission on the part of the Grantee, its subcontractors, agents or employees under or in connection with this Agreement or the performance or failure to perform any work required by this Agreement. Grantee agrees to indemnify and hold harmless the City and its agents, volunteers, servants, employees, and officials from and against any and all claims, losses, or expenses, including reasonable attorney's fees and litigation expenses suffered by any indemnified party or entity as the result of claims or suits due to, arising out of, or in connection with (a) any and all such damages, real or alleged, (b) the violation of any law applicable to this Agreement, and (c) the performance of any activities on the premises by Grantee or those for whom Grantee is legally liable. Upon written demand by the City, Grantee shall assume and defend at Grantee's sole expense any and all such suits or defense of claims made against the City, its agents, volunteers, servants, employees, or officials. 14. Insurance a. Grantee shall, prior to the commencement of its operation, procure and shall thereafter maintain in full force and effect during the entire term of this Agreement, a policy or policies of insurance protecting and insuring Grantee and the 8 "I City, and their agents, employees, and officials against any loss, liability, or expense whatsoever, from personal injury, death, or property damage arising out of or occurring in connection with Grantee's occupancy of the Premises or conduct of its operation, whether such injury, death, or damage occurs or is sustained, or the cause thereof arises, on or off the Premises. The City shall be named as insured under any and all such policies. Such policy or policies shall be written by a responsible insurance company or companies licensed to conduct the business of insurance in the Commonwealth of Virginia and acceptable by the City. Such policy or policies shall be in a comprehensive general liability form, including products liability coverage, and shall be in an amount not less than two million dollars ($2,000,000) combined single limits. The risks covered by any such policy or policies of insurance shall not be limited nor the amount of coverage there under reduced by reason of any insurance that may be maintained by the City. b. Prior to the commencement of its operation and without demand by the City, Grantee shall furnish to the Convention and Visitor's Bureau a certificate(s) of insurance showing Grantee's compliance with the foregoing requirements. Any such certificate(s) shall state that the policy or policies of insurance named therein will not be cancelled or altered without giving at least thirty (30) days prior written notice to the City. c. Grantee's performance of its obligations under the provisions of this section shall not relieve Grantee of liability under the indemnity and save harmless provisions of the preceding paragraph of this Agreement. 15. Abandonment 9 I I "I In the event Grantee shall abandon its operation, the City shall have the right to immediately cancel this Agreement and terminate the permit. 16. Termination of Permit a. The City shall have the right to cancel this Agreement and terminate the permit on notice to Grantee upon the occurrence of any of the following events: (1) The failure of Grantee to secure any approval, license, or permits required by this Agreement or by law, or the cancellation or revocation of any such license or permit. (2) The failure of Grantee to fulfill, abide by, or comply with any condition of the grant of the Agreement. (3) The failure of Grantee to pay the Permit Fee required hereunder, or any Supplemental Fee. (4) The failure of Grantee to comply with any statute, ordinance, regulation, or other law applicable to the ownership or management of its operation or to the occupancy and use of the Premises. (5) The use of the Premises by, on behalf of, or at the sufferance of Grantee for any activity or purpose other than that which is expressly permitted by this Agreement. (6) The failure of Grantee to procure any policy or policies of insurance required by this Agreement, to have been procured prior to the commencement of Grantee's operation, the cancellation or lapse of any such policy or policies so as to cause the aggregate of the limits of liability of coverage there under to be less than 10 II the amounts required by paragraph 14 of this Agreement, or any material and adverse change in the risks covered or persons or entities insured there under. (7) The purported assignment, delegation, or other transfer by Grantee of the permit, in whole or in part, or of any of the rights or obligations of Grantee set forth herein. (8) The refusal of Grantee to permit inspection of the operation by the City as set forth in this Agreement. (9) The death of Grantee, if Grantee is the sole proprietor, or in any other case, the termination of Grantee's existence as a business organization, whether by dissolution, consolidation, merger, sale, or other like act, or the revocation of Grantee's authority to transact business in the Commonwealth of Virginia. b. The election by the City to exercise its right to cancel this Agreement and to terminate the permit shall be without prejudice to any of its other rights at law or in equity, and any remedy set forth in this Agreement shall not be exclusive but shall be cumulative upon any or all other remedies herein provided or by law allowed. Upon termination of this Agreement and the permit, Grantee shall immediately cease all operations upon the Premises. c. Notwithstanding any other remedy conferred upon the City by this Agreement or by law, the City may elect to suspend Grantee's operation upon the occurrence of any of the events herein above enumerated or in the event of the breach by Grantee of any other provision or condition of this Agreement. Grantee shall, upon receipt of notice of such suspension, immediately cease its operation 11 II until such time as the City shall permit Grantee to continue its operation. Such permission shall be granted by the City at such time as Grantee shall have remedied the breach or breaches of this Agreement giving rise to such suspension. 17. Publicitv The City shall have the right to photograph Grantee's operation and to use any such photographs in any of its publicity or advertising. Grantee shall not be entitled to compensation by reason of the taking or use of any such photographs. 18. Notice All notices required or permitted hereunder shall be given and shall be deemed given if, in writing, mailed by certified or registered mail, and addressed to Grantee at the address of Grantee stated in its application or to the Resort Administrator or designee, 2101 Parks Avenue, Suite 502, Virginia Beach, Virginia 23451, or to such other address as either party may direct by notice given as herein above provided. 19. Severabilitv The provisions of this Agreement shall be deemed to be severable, and should anyone or more of such provisions be declared or adjudged to be invalid or unenforceable, the remaining provisions shall be unaffected thereby and shall remain in full force and effect. 20. Descriptive Headinqs The descriptive headings appearing in this Agreement are for convenience only and shall not be construed either as a part of the terms, covenants, and conditions hereof or as an interpretation of such terms, covenants, and conditions. 12 I I II 21. Entiretv of Aqreement This Agreement and any exhibits constitute the final, complete and exclusive written expression of the intentions of the parties, and shall supersede all previous communications, representations, agreements, promises or statements, whether oral or written, by any party or between the parties. 22. Waiver No failure of the City to exercise any right or power given to it by law or by this Agreement, or to insist upon strict compliance by Grantee with any of the provisions of this Agreement, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of the City's right to demand strict compliance with the terms of this Agreement. 23. Modification No modification, revision, or deletion of any of the provisions of this Agreement, and no addition of any provisions hereto, shall be valid unless in writing and executed with the same formalities as this Agreement. 24. Governinq LawNenue This Agreement and the permit shall be governed and construed by the laws of the Commonwealth of Virginia, and the parties hereto designate the appropriate courts of competent jurisdiction of the City of Virginia Beach, Virginia or the U.S. District Court for the Eastern District of Virginia, Norfolk Division, for purposes of litigation and venue. 13 "I 25. Faith Based Orqanizations The City of Virginia Beach does not discriminate against Faith-Based Organizations. 26. Compliance with Immiqration Laws. Grantee does not currently, and shall not during the performance of this Agreement, knowingly employ an unauthorized alien, as defined in the federal Immigration Reform and Control Act of 1986. (SIGNATURES ON FOllOWING PAGES) 14 II I IN WITNESS WHEREOF, the following signatures and seals: CITY OF VIRGINIA BEACH, a municipal corporation By City Manager/ Authorized Designee STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , City Manager/Authorized Designee for the CITY OF VIRGINIA BEACH, whose name as such is signed to the foregoing Permit Agreement, has acknowledged the same before me in my City and State aforesaid. He is personally known to me. GIVEN under my hand this day of ,2009. Notary Public My Commission Expires: Registration No.: ATTEST: City Clerk STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk, for the CITY OF VIRGINIA BEACH, whose name as such is signed to the foregoing Permit Agreement, has acknowledged the same before me in my City and State aforesaid. She is personally known to me. GIVEN under my hand this _ day of ,2009. Notary Public My Commission Expires: Registration No.: 15 "I L& M, Inc. By President STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that GRANTEE., , of The Beach Pedal Cab Company, whose name as such is signed to the foregoing Permit Agreement, has acknowledged the same before me in my City and State aforesaid. He/she is personally known to me or has produced as identification. GIVEN under my hand this day of ,2006. Notary Public My Commission Expires: Registration No.: Approved as to Content: Approved as to Legal Sufficiency Convention & Visitor's Bureau City Attorney's Office 16 (f) r Z "I ,.~~4;:~ n..:o:".l,,~~.,-,~.#,.~t:, ~O". .. ...~,l, f~: - ~-f) (...: ~.... ~ \*~::~i::~~J Ocean Front Prepared by the City of Virginia Beach Communications and Information Technology Geospatial Information Services May 2009 (~\ City of Virginia Beach - Center for GIS W+E ~SCl~IMER The<l""',sp''''',ded asrs and lhe C"" 01 Vug,ma Beaoh "'p,,,,s1yd..d,,msalwa".nt_ lice andotMrwrse ....pre.SOI Imploodlnclud"'oporllCularpurpow and/wrther ...pressly dlScI"ms tesponslbj,ly Jor an ,ne,<lemal conoequenbol"'spet,aldamagesa""ngoutof",In conrlftCloonWlththeu"orperton"anceotlheoalio.The user ack,nll'l'te<lQ... the dl.d.,mu, of warranty and ""t<". II I - 44- Item V-K.9.a/b/c. ORDINANCES/RESOLUTIONS ITEM # 58806 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to A UTHORIZE the City Manager to execute LEASES of City property: a. PIN MINISTRY re: affordable housingfor two (2) PIN program residences at 457 and 461 Rudder Road. b. VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) re: affordable rental housing at 1409 Old Virginia Beach Road. c. TIMBERLAKE COMMUNITY ASSOCIATION, INC. re: storage of major recreational equipment at Foxwood Drive and South 1ndependence Boulevard Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R, Davis, William R. "Bill" DeSteph, Harry E. Diezel. Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor William D. Sessoms, Jr., Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay; None Council Members Absent: John E. Uhrin May 12, 2009 "I 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE TWO LEASES FOR FIVE 3 YEARS OR LESS WITH PIN MINISTRY ("PIN") FOR 4 THE USE OF TWO (2) RESIDENTIAL PROPERTIES 5 LOCATED AT 457 RUDDER ROAD AND 461 6 RUDDER ROAD 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 9 certain parcels of land and the residences thereon located at 457 Rudder Road 10 (GPIN 2417-17-4049) and 461 Rudder Road (GPIN 2417-17-4174) and more 11 particularly described on Exhibit "A" attached hereto (the "Properties"); 12 13 WHEREAS, PIN Ministry ("PIN") has requested to lease the Properties for 14 $1.00 per year each, and will perform all required maintenance; 15 16 WHEREAS, each lease will be for a term of one year, with four (4) one-year 17 renewal periods. 18 19 WHEREAS, PIN would like to enter into formal leases with the City for the 20 Properties in accordance with the Summary of Terms attached hereto as Exhibit 21 "B"; 22 23 WHEREAS, the Properties will be utilized for affordable housing for PIN 24 program recipients and for no other purpose; 25 26 WHEREAS, PIN shall not require tenants it places in the Properties to 27 participate in any religious services nor maintain membership in any religious 28 denomination; 29 30 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 33 That the City Manager is hereby authorized to execute two (2) leases, each 34 for a term of one year, with four (4) one-year renewal options, between PIN and 35 the City, for the Properties in accordance with the Summary of Terms attached 36 hereto and such other terms and conditions deemed necessary and sufficient by 37 the City Manager and in a form deemed satisfactory by the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the 1 ?th 40 day of Ma y , 2009 CA 11 008 April 17,2009 R-l v :\applications\citylawprod\cycom32\ Wpdocs\D008\POO7\00008732,DOC II I APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~~ Signat re APPROVED AS TO CONTENT Si~~f I j)H/S l"'~""3' ~ Departnfent I I II I EXHIBIT "A" LEGAL DESCRIPTION FOR LEASES FOR PIN MINISTRY 457 Rudder Road ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia being known, numbered and designated as Lot 46, as shown on that certain plat entitled, Subdivision "Cecil Terrace - Lots No. 27 through No. 53 (a part of Lot #33, Oceana Gardens)", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 23, at page 49. IT BEING the same property conveyed to the City of Virginia Beach by deed from David M. Gross and Judith L. Gross dated April 11, 2008 and recorded in the aforesaid Clerk's Office as Instrument Number 20080425000478730. 461 Rudder Road ALL THAT certain lot or parcel of land, lying in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 47, as shown on that certain plat entitled "Cecil Terrace Lots No. 27 thru No. 53 (a pat of Lot #33, Oceana Gardens)", dated October 15, 1948 and made by W.B. Gallup, County Surveyor, recorded in the Clerk's Office of the Circuit court of the City of Virginia Beach, Virginia, in Map Book 23, at Page 49. (Also see Map Book 7, at page 189). IT BEING the same property conveyed to the City of Virginia Beach by Deed from Kimberly A. Davis (formerly Kimberly A. Monroe), dated August 22, 2008, and duly recorded in the aforesaid Clerk's Office as Instrument Number 20080822000998370. I I "I EXHIBIT "B" SUMMARY OF TERMS LESSOR: City of Virginia Beach LESSEE: PIN Ministry ("PIN"), a Virginia non-stock corporation PREMISES: Two (2) residential properties . 457 Rudder Road (GPIN: 2417-17-4049) . 461 Rudder Road (GPIN: 2417-17-4174) TERM: May 15,2009 through May 14, 2010, with 4 one-year renewal options RENT: $1.00 per year RIGHTS AND RESPONSIBILITIES OF LESSEE (as to each lease): . Will use the premises for affordable housing for homeless families and for no other purpose. . At no time shall more than one (1) family reside in each dwelling. . Will sound-attenuate the Premises at its expense. . Will make repairs needed to bring property up to code compliance, but shall not otherwise modify the Premises without prior approval from City. . Will keep, repair, and maintain the Premises at its expense. . Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. Lessee shall provide a certificate evidencing the existence of such insurance. . Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RESTRICTIONS: PIN shall not require the families residing at the leased premises to participate in any religious services nor claim membership in any religious denomination. TERMINATION: The City may terminate each lease at any time without cause upon thirty (30) days' written notice. II I ~ c c ~ ~ . ~ ~ ~ a. .. :l I Q :s '" .. foil '" ~ w .. ~ '" s ~ E .. !: .l:l s ~ () () :3 o w !D '" .. '" w I- z !!:! S! .. ;; ~ rn 0 0 N 1"l ~ c 0 "0 Q) C Ct ~ <b .. :E ~ a> .. " 5 .. a> 'S .. 0 $ ::E .. .0 a> "" " .. ::E iii .. .. ." .~ E " .. .. E a:: " :0 " .. .. 0 ~ u 0 \II .. U ." 5 E n; -0 a:: ;;; ~ \II n; n; " 0 .. :> .le .. ... \II " .. ~ ." .. n; .. .2 .2 :E " .le 0 .. ';: " a> .. ';: n; .s 'S .0 .0 .. '0; .. .. :> '0 .. .. 0 Q. .. " 0 ~ .0 "" "" " " S "0 " 0 ." ::E 0 iii "0 .1Il .. .. .. .. 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Gi w f'= .i " .. :0 CI. .. a: II 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR FIVE 3 YEARS OR LESS WITH THE VIRGINIA BEACH 4 COMMUNITY DEVELOPMENT CORPORATION 5 FOR THE USE OF A RESIDENTIAL PROPERTY 6 LOCATED AT 1409 OLD VIRGINIA BEACH ROAD 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 9 certain parcel of land and the residence located thereon located at 1409 Old 10 Virginia Beach Road (GPIN 2417-17-9326) and more particularly described on 11 Exhibit "A" attached hereto (the "Property"); 12 13 WHEREAS, the Virginia Beach Community Development Corporation 14 ("VBCDC") has requested to lease the property for $1.00 per year, and will 15 perform all required maintenance; 16 17 WHEREAS, the VBCDC would like to enter into a formal lease with the 18 City for the Property pursuant to the Summary of Terms attached hereto as 19 Exhibit "B"; 20 21 WHEREAS, the Property will be utilized for affordable housing for Virginia 22 Beach residents and for no other purpose; 23 24 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager is hereby authorized to execute a lease for a term 28 of one year, with the option to renew for four one-year terms, between the 29 VBCDC and the City, for the Property in accordance with the Summary of Terms 30 attached hereto and such other terms and conditions deemed necessary and 31 sufficient by the City Manager and in a form deemed satisfactory by the City 32 Attorney. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia on the 12th 35 day of May ,2009 CA11009 4/16/2009 R-1 V:\applications\citylawprod\cycom32\Wpdocs\D008\POO7\000087 49. DOC APPROVED AS TO LEGAL S FICIENCY AND FORM ~ :L APPROVED AS TO CONTENT I I "I Exhibit "A" Legal Description for 1409 Old Virginia Beach Road, Virginia Beach, VA 23454 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the Lynnhaven Borough in the City of Virginia Beach, Virginia, designated as the property of J. Hunter, Jr., on the plat entitled "Street Dedication, Brockville- Extended, Site No. 25, at Oceana Gardens, Lynnhaven Borough, Virginia Beach, Virginia," made by W.B. Gallup, County Surveyor, dated July 20, 1964 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 61, at page 45, and more particularly described as follows: BEGINNING at a point on the south side of Old Virginia Beach Road and Gary Avenue; thence in an easterly direction along the southern side of the Old Virginia Beach Road 91.6 feet, more or less, to a point; thence S r 30'00" W 8.8 feet; thence continuing in the same course 165.05 feet to a point at the dividing line between the property shown as Lot "G" on said plat; thence N 82030'00" W 91.6 feet to the easterly line of Gary Avenue; thence N r30'00" E 162.3 feet along the easterly side of Gary Avenue to the southern side of Old Virginia Beach Road, to the point of beginning. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Sheila Ross dated September 29, 2008 and recorded in the aforesaid Clerk's Office as Instrument Number 20081010001188270. II EXHIBIT "B" SUMMARY OF TERMS LESSOR: City of Virginia Beach ("City") LESSEE: Virginia Beach Community Development Corporation ("VBCDC") PREMISES: A residential property: . 1409 Old Virginia Beach Road (GPIN: 2417-17-9326) TERM: July 1,2009, through June 30, 2010, with 4 one-year renewal options RENT: $1.00 per year RIGHTS AND RESPONSIBILITIES OF VBCDC: . Will use the Premises for affordable rental housing for Virginia Beach residents and for no other purpose. . At no time shall more than one family reside in the dwelling unit. . Will sound-attenuate the Premises at its expense. . Will make repairs needed to bring property up to code compliance, but shall not otherwise modify the Premises without prior approval from City. . Will keep, repair, and maintain the Premises at its expense. . Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. VBCDC shall provide a certificate evidencing the existence of such insurance. · Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the lease. TERMINATION: The City may terminate the lease at any time without cause upon thirty (30) days' written notice. CD ~ ~ '" '; .... 1; N ~ "- " ~\ 'it '5\. P- '% ~ '" -;; ., 0: ~ ~ .... "i 'c ~ .... <.) <.) 3 9 '" (fJ '12 ~ '" .... z \II ~ " c ~ '1 \ .9 (,__C~ \ ' '--' '( > \ ! \ ) .9 ~_/'~ cr. c c I: ~ 0> 0> 02 0> ~ , ~ ~~, ~ ~ . ~ , , 'D ,~\ , ~. _ . .~. ." .0' R << .4" 4 · · · · · I & - · . ~ - . . . . ~ .. ~ . I · I I' ;.. ..~,,~~.,,% ~~~&&&'1.~gl . . . . . . w . U. · - - - · · · - . u wE. . . . . . e ~ L · · ~ ~ ~ - · · I I ! , . . · · · - 5 ! · .. · << << · .~ · ~~.OQe~eo~.~~QeQ~eQ~O' \:) II 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR FIVE 3 YEARS WITH TIMBERLAKE COMMUNITY 4 ASSOCIATION, INC. FOR 24,859 SQUARE FEET 5 OF CITY PROPERTY ADJACENT TO SOUTH 6 INDEPENDENCE BLVD. AT FOXWOOD DRIVE 7 8 WHEREAS, the City of Virginia Beach (the "City") owns 24,859 square 9 feet of City property located adjacent to S. Independence Blvd. at Foxwood Drive 10 (Part of GPIN: 1476-84-4100) (the "Property"); 11 12 WHEREAS, Timberlake Community Association, Inc. ("Timberlake") has 13 been leasing the Property from the City pursuant to a lease dated March 25, 14 2004; 15 16 WHEREAS, the term of the previous lease has expired, and Timberlake 17 desires to enter into a new lease for an additional 5-year period commencing on 18 May 1, 2009 and expiring on April 30, 2014; and 19 20 WHEREAS, Timberlake will continue to use the Property for storage of 21 major recreational equipment for its association members; 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 24 CITY OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute a lease for five 27 years with Timberlake Community Association, Inc. for 24,859 square feet of land 28 located adjacent to South Independence Boulevard at Foxwood Drive, in 29 accordance with the Summary of Terms, attached hereto as Exhibit A, and such 30 other terms, conditions or modifications as may be acceptable to the City 31 Manager and in a form deemed satisfactory by the City Attorney. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia on the 34 12th day of May ,2009. APPROVED AS TO LEGAL SUFFICIENCY AND FORM APPROVED AS TO CONTENT 1r\;w~ City Attorn CA11014 v :\applications\citylawprod\cycom32\ Wpdocs\DO 13IPO04\00000942.DOC R-1 May 12, 2009 II EXHIBIT A SUMMARY OF TERMS Lease With Timberlake Community Association for a 24,859 square foot City-owned Lot located adjacent to South Independence Blvd at Foxwood Drive LESSOR: City of Virginia Beach LESSEE: Timberlake Community Association, Inc. PREMISES: 24,859 sq. ft. lot located adjacent to South Independence Blvd. at Foxwood Drive, Virginia Beach, Virginia (Part of GPIN 1476-84-4100) TERM: 5 years: May 1, 2009 through April 30, 2014 RENT: YEAR LEASE PERIOD ANNUAL BASIC RENT 1 05/01/09 - 04/30/09 $ 677.69 2 05/01/10 - 04/30/11 $ 698.02 3 05/01/11 - 04/30/12 $ 718.96 4 05/01/12 - 04/30/13 $ 740.53 5 05/01/13 - 04/30/14 $ 762.75 RIGHTS AND RESPONSIBILITIES OF LESSEE: . Use Premises solely for storage of major recreational equipment for its association member. . Maintain Premises. . Purchase commercial general liability insurance in an amount of not less than $1,000,000 combined single limits. RIGHTS AND RESPONSIBILITIES OF CITY: . Reserve the right to enter upon the Premises at any time without notice to Timberlake. TERMINATION: In the event the Premises is needed for a public purpose, City may terminate the Lease by giving sixty (60) days' written notice. \\vbgov .com\dfs 1 \applications\cilylawprod\cycom32\Wpdocs\D029\P005\000 1 0938 .DOC "I - 45 - Item V-K.9. /d. ORDINANCES/RESOLUTIONS ITEM # 58807 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to execute a LEASE of City property: d JODY'S INC. re; outdoor seating area at 205 Laskin Road. Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: John E. Uhrin Mayor Sessoms DISCLOSED and ABSTAINED pursuant to Section 2.2-3115 (E), Code of Virginia re Item K9.d (Lease - JODY's INC) Mayor Sessoms ABSTAINED from voting on this transaction because he is an officer of TowneBank, s located at 297 Constitution Drive, and the leasee has obtained financing from TowneBank. Mayor Sessoms' correspondence of May 13. 2009, is hereby made a part of the record May 12,2009 II I City of Virgir1ia Beach WilLIAM D. SESSOMS, JR. MAYOR VBgov.com MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 385-4581 FAX (757) 385-5699 wsessoms@vbgov.com In Reply Refer to 0038925 May 13, 2009 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Fraser: Re: Abstention Pursuant to Conflict ofInterests Act S 2.2-3115 (E) Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the lease of public property at 205 Laskin Road to Jody's Inc. 2. I abstained from voting on this transaction because I am an officer of TowneBank, which is located at 297 Constitution Drive in Virginia Beach, and the lea see has obtained financing from TowneBank. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, tft/~ ~ William D. Sessoms Mayor WDS/RRI "I 1 AN ORDINANCE AUTHORIZING A LEASE 2 AGREEMENT WITH JODY'S, INC. FOR THE 3 USE OF APPROXIMATELY FORTY-EIGHT 4 (48) SQUARE FEET OF REAL PROPERTY 5 FOR AN OUTDOOR SEATING AREA 6 7 WHEREAS, Jody's, Inc., a Virginia corporation, ("Jody's"), has approached the 8 City of Virginia Beach for permission to operate an outdoor seating area outside Jody's, 9 Inc. store located at 31 Ocean, 205 Laskin Road in the City of Virginia Beach; and 10 11 WHEREAS, the proposed outdoor seating area is approximately forty-eight (48) 12 square feet immediately outside and under the roof-line of the Jody's retail store 13 described above and is located on property owned by the City (the "Leased Area"); and 14 15 WHERAS, Jody's proposes to lease the Leased Area from the City for an initial 16 one-year term with four one-year optional renewals, at the option of Jody's; and 17 18 WHEREAS, the Leased Area would be used by Jody's as a seating area for their 19 customers; and 20 21 WHEREAS, the Convention and Visitors Bureau recommends that the City enter 22 into a lease agreement with Jody's in accordance with the Summary of Terms, attached 23 hereto. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH: 27 28 That the City Manager is hereby authorized to execute a lease agreement for a 29 one-year term, with four optional one-year renewals, between Jody's, Inc., a Virginia 30 corporation, and the City, for the Leased Area, as showl. on Exhibit A, attached hereto, 31 and in accordance with the Summary of Terms, attached hereto as Exhibit B, and such 32 other terms, conditions or modifications as may be acceptable to the City Manager and 33 in a form deemed satisfactory by the City Attorney. 34 35 Adopted by the City Council of Virginia Beach, Virginia on this 12thday 36 of May, 2009. Approved as to Content: ~~ Convention and Visitors Bureau CA11003 \\vbgov.com\dfs I lapplications\citylawprod\cycom32\ Wpdocs\D025\P004\00007348.DOC R-1 May 12, 2009 "I Approved as to Legal Sufficiency: .') po , /,/'1. .,<7 I ",' , /"-",' '.' .., / City Attorney's Office E)(H\S\1' A _ LOCA 1\ON MAP tOO ~ . , , , , I -' \- , ,~ - cd t~l ., ~",- _O-G If q \.EllS"-" />.Po"" .- ROOf OVERHANG - ... "" " I . I 3151" S1REEl "I I EXHIBIT B SUMMARY OF TERMS LICENSE FOR THE USE OF 48 SQUARE FEET OF CITY-OWNED REAL PROPERTY LEASOR : City of Virginia Beach LEASEE: Jody's, Inc., a Virginia corporation PREMISES: 48 square feet of real property located outside, straight under the roof-line, and in front of the space operated by Jody's, Inc., 205 Laskin Road, Virginia Beach, Virginia 23451 . TERM: June 1,2009 through May 31,2010. RENEWAL: Four (4) optional one-year terms, at the option of Jody's. TERMINATION: City shall have right to terminate if necessary for a public purpose on sixty (60) days' notice. RENT: For the first year rent shall be: $750 per year. Renewal rent shall be as follows: First renewal rent shall be: $772.50 per year. Second renewal rent shall be: $795.68 per year. Third renewal rent shall be: $819.55 per year. Fourth renewal rent shall be:$844.19 per year. PROPOSED USE: Placement of tables and chairs for outdoor seating. RESTRICTIONS ON USE OF LICENSED AREA: . The sale, service, or use of alcohol in the Leased Area is strictly prohibited. . Any live or recorded music played in the Leased Area shall conform with the City's Cafe Guidelines for entertainment or live music. . Materials placed in Leased Area must be approved by the City and no logos other than Jody's, Inc. logo shall be permitted. . All items placed in the Leased Area must be removed each night at the close of business. II . No extraneous items such as menu boards, signs or portable heaters in the Leased Area shall be permitted. . Solicitation for tips or the posting or dissemination of printed material in the Leased Area is prohibited. I Ivbgov,comldfsl lapplicationslcitylawprodlcycom321 Wpdocs\D025\P004100007349 .DOC II I f " \ \ \ "I - 46- Item V-L. PLANNING ITEM # 58808 1. ROBERT BURKE NONCONFORMING STRUCTURE 2. BEVERLY ARMSTRONG NONCONFORMING STRUCTURE 3. REFORMED BAPTIST CHURCH OF CONDITIONAL USE PERMIT VIRGINIA BEACH 4. CHRISTIAN HOUSE OF PRAYER CONDITIONAL USE PERMIT VIRGINIA, INC. 5. GROUND ZERO CHURCH CONDITIONAL USE PERMIT 6. FAITH TEMPLE CHURCH CONDITIONAL USE PERMIT 7. HARVEY ORR CONDITIONAL USE PERMIT 8. RICHMOND 20 MHZ, LLD CONDITIONAL USE PERMIT dba NTELOS 9. EUCLID PROPERTIES, LLC CONDITIONAL CHANGE OF ZONING 10. CITY ZONING ORDINANCE AMEND S201 of the City Zoning Ordinance (CZO) re: setbacks for front porches and handicapped ramps 11. CITY ZONING ORDINANCE AMEND S201 of the City Zoning Ordinance (CZO) re: setbacks for front porches and handicapped ramps 12. CHURCH POINT MANOR, LLC MODIFICATION OF CONDITIONS Nos. 1 and 2 (Approved: 01/12/1993) And March 12, 1996) May 12, 2009 II I - 47 - Item V-L. PLANNING ITEM # 58809 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1, 2,3, 4, 5, 6, 7,8, 9, 10, 11 and 12 of the PLANNING BY CONSENT AGENDA. Item L.3. (REFORMED BAPTIST CHURCH) shall be APPROVED, BY CONSENT, with revised Condition 1. Item L. 5 (GROUND ZERO CHURCH) shall be APPROVED, for 3 years only, BY CONSENT, WITH REVISED CONDITIONS. Item L. 6 (FAITH TEMPLE CHURCH) shall be APPROVED, for 3 years only, BY CONSENT, WITH REVISED CONDITIONS. Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin May 12, 2009 II I I - 48 - Item V-L. PLANNING ITEM # 58809 (Continued) Mayor Sessoms DISCLOSED and will ABSTAIN pursuant to Section 2.2-3115(E), Code of Virginia re Item L8, (Euclid Properties LLC) Mayor Sessoms will ABSTAIN from voting on this transaction because he is an officer of TowneBank, located at 297 Constitution Drive, and the applicant has obtained financingfrom TowneBank. Mayor Sessoms' correspondence of May 13, 2009, is hereby made a part of the record. Councilman DeSteph DISCLOSED and will ABSTAIN pursuant to Section 2.2-3115(E), Code of Virginia re Item L 12. (Church Point Manor, LLC.) Councilman DeSteph will ABSTAIN from voting on this transaction because he has a financial interest in the applicant, Councilman DeSteph's correspondence of May 13, 2009, is hereby made a part of the record/ May 12, 2009 II I - 49 - Item V-L.1. PLANNING ITEM # 58810 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED the application of ROBERT BURKE for the Exvansion of a Nonconforminrz Structure at 5504 Ocean Front Avenue re: additions of a second and thirdfloor and to the existing detached garage. RESOLUTION UPON APPLICATION OF ROBERT BURKE AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING STRUCTURE, 5504 OCEAN FRONT A VENUE Resolution upon application of ROBERT BURKE authorizing the enlargement of a Nonconforming Structure, on property located at 5504 Ocean Front Avenue (GPIN 24i98065250000). DISTRICT 5 -LYNNHAVEN The following conditions shall be required; i. The proposed additions shall substantially conform to the submitted site development plan entitled ''NON-CONFORMING USE EXHIBIT FOR BURKE RESIDENCE, #5504 OCEAN FRONT AVENUE", DATED March i7, 2009, and prepared by WPL Landscape Architects, Land Surveyors, Engineers. Said plan has been exhibited to the City Council and is onfile in the Planning Department. 2. The proposed additions shall substantially conform to the submitted building elevations entitled "SCHEMATIC DESIGN FOR ADDITION TO BURKE RESIDENCE, VIRGINiA BEACH. VIRGINiA ", dated March i6, 2009, and prepared by Lyall Design Architects. Said elevations have been exhibited to the City Council and are on file in the Planning Department. Voting: i 0-0 (By Consent) Council Members Voting Aye: Glenn R, Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr" Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin May i2, 2009 II 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING 3 STRUCTURE ON PROPERTY LOCATED AT 4 5504 OCEAN FRONT AVENUE 5 6 WHEREAS, Robert Burke (hereinafter the "Applicant") has made application to 7 the City Council for authorization to enlarge a nonconforming structure by making 8 additions to a single-family dwelling and garage that are nonconforming as to setbacks 9 on a lot or parcel of land having the address of 5504 Ocean Front Avenue, in the R-5R 10 Residential Zoning District; 11 12 WHEREAS, the said structures are nonconforming, as the dwelling and the 13 garage do not meet the setback requirements for the R-5R Residential Zoning District 14 and were constructed prior to the adoption of the applicable regulations; and 15 16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 17 enlargement of a nonconforming structure is unlawful in the absence of a resolution of 18 the City Council authorizing such action upon a finding that the proposed structure, as 19 enlarged, will be equally appropriate or more appropriate to the zoning district than is 20 the existing structure; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby finds that the proposed structures, as enlarged, will 26 be equally appropriate to the district as are the existing structures. 27 28 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 29 BEACH, VIRGINIA: 30 31 That the enlargement of the nonconforming structures is hereby authorized, upon 32 the following conditions: 33 34 1. The proposed additions shall substantially conform to the submitted site 35 development plan entitled "NON-CONFORMING USE EXHIBIT FOR 36 BURKE RESIDENCE, #5504 OCEAN FRONT AVENUE", dated March 17, 37 2009, and prepared by WPL Landscape Architects, Land Surveyors, 38 Engineers. Said plan has been exhibited to the City of Virginia Beach City 39 Council and is on file in the Planning Department. 40 41 2. The proposed additions shall substantially conform to the submitted 42 building elevations entitled "SCHEMATIC DESIGN FOR ADDITION TO 43 BURKE RESIDENCE, VIRGINA BEACH, VIRGINIA", dated March 16, 44 2009, and prepared by Lyall Design Architects. Said elevations have been 45 exhibited to the City of Virginia Beach City Council and are on file in the 46 Planning Department. II I 47 48 of Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2009. day APPROVED AS TO LEGAL SUFFIClrNCY: JJdlw~f2f l!fuJ- City Attorney's Office APPROVED AS TO CONTENT: CA11116 R-1 April 13, 2009 REQUEST: Enlaroement of Nonconforminq Structures ADDRESS I DESCRIPTION: 5504 Ocean Front Avenue GPIN: 24198065250000 ELECTION DISTRICT: LYNNHAVEN "I ROBERT BURKE April 28, 2009 City Council Meeting STAFF PLANNER: Faith Christie SITE SIZE: 8,400 square feet AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests alterations to nonconforming structures, a single-family dwelling and a detached garage. The structures are nonconforming because they do not meet the required building setbacks in the R-5R Residential Resort District. The applicant indicates the home was constructed in the 1940's by the Eisenhower family. City real estate records for the site only go back to 1953, but do indicate improvements were on the site at that time. The applicant proposes a second and third floor addition to the existing dwelling. The second floor addition will be in line with the existing building walls, which as shown in the table below (5.7 feet) does not meet the required 8-foot setback for side yards in the R-5R Resort Residential District on the northern side of the structure. The proposed addition, however, will not encroach any further into the required setbacks than that which currently exists, and the third floor addition will actually meet the currently required building setbacks. ROBERT BURKE April 28, 2009 City Council Meeting Page 1 II Existing R-5R Requirement Proposed Front Yard Setback 30.0 feet 20.0 feet 30.0 feet Side Yard Setback 12.6 feet 8.0 feet 12.6 feet (southern side) Side Yard Setback 5.7 feet 8.0 feet 5.7 feet (northern Side) Setback adjacent to 56.1 feet 30.0 feet 56.1 feet ocean Additionally, the applicant desires to make a small addition to the existing detached garage. Currently the existing garage is situated 2-feet from Ocean Front Avenue, 3-feet from the northern property line and 27- feet from the southern property line. The current building setbacks for accessory structures in the R-5R Residential Resort District is 20-foot front yard setback and 8-foot side yard setback. The proposed addition is on the northwest corner of the existing building and will not meet the required building setbacks. Again, the proposed addition will not encroach any further into the required setbacks than that which currently exists. As the northern side yard setback does not meet the current zoning regulations, the setback is nonconforming, and the additions of the second and third floor to the main structure and the addition to the detached garage require City Council approval. LAND USE AND ZONING INFORMATION EXISTING LAND USE: A single-family dwelling, detached garage, and gazebo SURROUNDING LAND USE AND ZONING: North: South: East: West: . A single-family dwelling / R-5R Residential Resort District. . A single-family dwelling / R-5R Residential Resort District. . The beach and the Atlantic Ocean . Ocean Front Avenue . Across Ocean Front Avenue are single-family dwellings / R-5R Residential Resort District. NATURAL RESOURCE AND CULTURAL FEATURES: The site is located along the dune line adjacent to the beach and the Atlantic Ocean. IMPACT ON CITY SERVICES There is no impact to City services. ROBERT BURKE April 28, 2009 City Council Meeting Page 2 II EVALUATION AND RECOMMENDATION Staff recommends approval of this request. The Comprehensive Plan Map designates this site as being within the Primary Residential Area - North Virginia Beach Site 11. The North Virginia Beach community encompasses a predominantly residential area located on both sides of Atlantic Avenue from 42nd Street to 89th Street. It is characterized by a compact arrangement of single-family and duplex units with much of the land zoned Residential Resort District (R-5R).The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods located in this area. The request for alteration and expansion of this nonconforming use is compatible with the Comprehensive Plan's recommendations for this area. In sum, the proposed additions are reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non-conforming structures. The request, therefore, is acceptable with the conditions below. CONDITIONS 1. The proposed additions shall substantially conform to the submitted site development plan entitled "NON-CONFORMING USE EXHIBIT FOR BURKE RESIDENCE, #5504 OCEAN FRONT AVENUE", dated March 17,2009, and prepared by WPL Landscape Architects, Land Surveyors, Engineers. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 2. The proposed additions shall substantially conform to the submitted building elevations entitled "SCHEMATIC DESING FOR ADDITION TO BURKE RESIDENCE, VIRGINA BEACH, VIRGINIA", dated March 16,2009, and prepared by Lyall Design Architects. Said elevations have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to ROBERT BURKE April 28, 2009 City Council Meeting Page 3 "I AERIAL OF SITE LOCATION ROBERT BURKE April 28, 2009 City Council Meeting Page 4 i! -0 ,. ---~~\~ ;--;~~~ ~~ .- \. \ \ ~ \ ~ l--~--"'\\ ~~ V~::1:1-L..J !<~ I. i nyc,) g \ i / -' . .;,~ i~ii "1',",, i:!!ii; <r:~t r-I ,. , ~w ~.'lihll --------,~ -- ~~..:...~->-- .naIl" '8C'tJJ .~lrH {(ffW.(I ~S iliff Q.I ,bl ~n.J "I I N~ :JJ.lNY7J. r ((fWf.(MdllfljNn) t.l.!WA.HnOPi ,'),'jW7it' - H''U III .J ( ; 0 II ~ '" , '1', i , 0 ! Q. , ( 5 ," . . i. ", .~ ...< ~'~7.~ :;.<:(, '.:. ... . ~ "'~L "7' .~ ~ ~ ~ ~ E- Z l:l 55 ~ ~ - >- '" ~ < ~~ UJ ~~ E--- ,... ~ ~ Z ~iJ :g U 0 ~iii " z ~ ~~ ~ gs ~ ~~ ~_Z r:;. ~ en < :s~- o ~ ~ ~i~ ~ ~ ~ t~~ u ~ ~~~ . 0:5<1;; Z -... V"') "'....;;;> o ,..; V"') ~A!~ Z a:l ~>..;!; ,M~ , !~Itl! Jf~"i 1i .tEttHtl1 'L'~ I .', ~ . '*, \; \ I .- I t , ;;.. \~' 4 ~ ...v_.X- 3/11" ..lNOI:kJ N1f300 ~~ ...'! ..:', ~ ~~ " ..~ ,,~ :r;i" I' t ~ ~~ iq ~l~~;~ !{ii:. i ~~ ~i~~~~ ~~i~j ~~~;!~ i a ,t~::~i 1p'/ i.,: 'i . ,',J:,j)' ,~~, 11~,I.~ i:, !J1~J; Wl!;!%~j !~ 1~ :~!!!~ "~~l,.!:,,!,, .j.t - h'j~ i~~~i~!f;~~~! ?~ ~~s ;~~;!~ ~H~;;~j:rIUil;-p !:i< isj ~~~~~i mm:mm H ~i~ m~!;l ss is i Ii n !! !! n i6 65 n 01 ~ i~ ii ~!! 55 H.. r-; <I ..J' i gi ii'lilli ~i ilU gll 1Il1..II.~q~ ~!; rflrfn ~~~ PROPOSED ADDITIONS ROBERT BURKE April 28, 2009 City Council Meeting Page 5 I :~:::>~:>:::::::::: i .. . .. . . i :::::::>:<: ~L W + ~I I ,-~ ~ i:C-j I il I Ii 'i I Z , C ~ lL .. o l~J I ~ I . I ~ I : t ... ! 0 w i I- Z U , I 0 c i I- Z - ; Z c W - i c ~ i c c .. - . I .. > ~ I 0 x' "- II) ~ , Z U - . w <I( % ' ~ .. u ' - GI: .. : I '" .. <I( " i c w - I u Z - ~ ~ l- I <I( .. :lE GI: - > .. ::) :I: U all '" FIRST FLOOR PLAN ROBERT BURKE April 28, 2009 City Council Meeting Page 6 e \'e........'... l\\\ ;~ '" -,. .,r- -~( ~~ ffi~ lih ~ ~~/ g " ~ \ \ '- -'- ~. ~ 0 ~ \ ~ -::;.- 'g;;! n\\ ~ ~ ~r._:~,_ - 0,. ffix . \~ ~ ~ ~f . ~~~i\ ~ ~ \ = \ ~ \ : \ " ~ 0 u.a \ ... :z: 0 ~ 0 Z .c i .. :z: . Q u.a 'l Q c:l \ '" 0 ... - . \ .. :> 0 - ~ \ ... en ~ ~ I :z: U ~ . u.a .c '" ' c:l ... U f '" ~ ... : \ ... '" II \ Cl - \ u u.a % ... ~ c:l \ '" D' ~ ~ :> .... ::> ; ~ \ u cIl:l .. \ 1 , \ l ! \ ! % '" ... ... .. 0 0 ... ... Q :z: 0 u ... .. SECOND FLOOR PLAN - ROBERT BURKE April2B. 2009 City council Meeting Page 7 ". t.~. ._...._--~_. , ~ --- "", - - - - -". ; I '. ~.'" '" "" ' ~ ",,', "I ;/ :/ )'-'- /- I I I I --, i I I ! /~ // " / / '" -----~ /1 i ~: ,I: ./ --; i7; --/1 // I ' I / I II ~ ~li . * ! I ~ I ~ I . f . ! 0 w I ... z U > ! 0 <( i ... z - z . Q W - ! Q CI <( Q '" I - :; I '" > 0 :: I II. U') :z: .. I z U - , W 0( , CI % . III : I - A:: .. '" III :I I Q <( W - i u z - - ~ CI ... f <( '" ~ A:: - > III ::) . :z: I u m '" I I . t I , i , z 0( ... .. '" o o ... ... Q '" :z: ... THIRD FLOOR PLAN ~ I d{", " , i , I ''^, -~ .... \! ROBERT BURKE April 28, 2009 City Council Meeting Page 8 II " " [111& ~. ~ -"'--.-- . -~: ~ L i I I I I t 0 w ; ... z U i :z: 0 ... < i .. - Z - 0 ~ z . z 0 W - , 0 Cl i <( c .. - I .. > 0 0 0 t N :z: .... CI) :z: ... ..; , .. Z 0 - . W < :r . 0 Cl ... u r Z - Gl: .. I VI .. ... < ::E i 0 - 0 w z I - - ~ Cl ... f < .. ~ Gl: - > ... ;::) ; :z: : 0 m ~ VI ! I . I .., .., j z z ~ 0 0 i - - I ... ... e( e( > > W W ..... ..... W W " Q W ... Z .., VI -b ... Ob < ... .' VI ... ~-; <( lL.;:' ... 0 I ><~ ar:N WM M lL.M PROPOSED BUILDING ELEVATION ROBERT BURKE April 28, 2009 City Council Meeting Page 9 ... ... % % 0 0 - ... - 4. ... 4. .,. .,. ... ... ... ... ... I:) ... ... " s '" s .. 01:> ... % :> :> -b 0 ""'~ 0 ... .' ... o ~ ... ...-;; .j:\ - . )(j:\ 0.;:' ...;:, \" ~-- ... ... ... ~ ~ ~ ~\.\ .. ... ... ~ \ \ \ \ \ \ ~ U.l \ % 0 \ ~ ~: \ DU.le> 1 D _.._ \ 4_?-.\ ~ - - ~ \ ...",:r.~l \J ~ . %U.l4"'~ ~_:~\ ': ..: ~ \ D U.l;: \ ~ ~ ~ \ .. .. ~ - -; . ... ~ ~ ~ - \ '" - \ \ \ . t \ t PROPOSEO BUILOING ELE'J ,,'nON ROBE.R" BUR~ April 28, 2009 Ci'oi Council lvIeetir page- z o I I ~ U I I ~ ~ ~ ~ CI:J P '-=' Z I I ~ o ~ Z o u . Z o Z "I II DISCLOSURE STATEMENT II APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. list the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Robert Burke 2. List all businesses that have a parent-subsidiary 1 or affiliated business entity2 relationship with the applicant: (Attach list if necessary) o Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. list the property owner name followed by the names of all officers, members, trustees, partners, etc, below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary 1 or affiliated business entit/ relationship with the applicant: (Attach list if necessary) o Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization, 1 2 & See next page for footnotes Non-Conforming Use Application Page 8 of 9 ReVised 9/1/2004 ROBERT BURKE April 28, 2009 City Council Meeting Page 11 "" """'" "",,: II DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal servtees: (Attach list if necessary) Lyall Design, Architects WPL, Surveying & Engineering Sykes, Bourdon, Ahern & Levy, P.C. 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation ." See State and Local Government Conflict of Interests Act, Va. Code ~ 2.2-3101, 2 "Affiliated business entity relationship" means "a relationship. other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in ,ne entity is also a controlling owner in the other entity, or (i1i) there is shared lIanagement or control between the business entities. Factors that should be ;onsidered in determining the existence of an affiliated business entity relationship nclude that the same person or substantially the same person own or manage the two ,mtlties; there are common or commingled funds or assets; the business entities share 1 he use of the same offices or employees or otherwise share activities, resources or Ilersonnel on a regular basis; or there is otherwise a close working relationship hetween the entities," See State and Local Govemment Conflict of Interests Act, Va. (;ode ~ 2.2-3101. (. ERTIFICATION: I certify that the information contained herein is true and accurate, , ~nderstand that, upon receipt of notification (postcard) that the application has been E. ~heduled far public hearing, I am responsible for obtaining and posting the required s gn on the subject property at least 30 days prior to the scheduled pUblic hearing (;1 ~cor' to the instructions in this package, Robert Burke Print Name PI" 'perty Owner's Signature (if different than applicant) Print Name Non": 01,formil'19 Use Application Page l of 9 Revin ld 91112004 II z o I I ~ U t I ~ ~ ~ ~ j::) c;..:, ~ ~ o ~ z o u . Z o Z ROBERT BURKE April 28, 2009 City Council Meeting Page 12 "I ROBERT BURKE Map L-4 Map Not to Scale Robert Burke ~~~~ ~\\\ \ '\ \\W\""U~"': ----v , ~\,(.t;":t61i d\ \J ~~-; ~ 65-7J (~ Ldn vfa~j~ov~~J \ i.~ ~;~ ( ~~~~~~~rcr n\\ 10" __,\ ...~ b A ea'1 ~~~i\~~ ~~\ ~ ~ ~ \ o t~_t'I~ ~ ~~ ~ ~~ . ~~\ ~ t\1I1 v \~ 0 ~~ ~ ~ ': \Iif~~ ~ ~ ~ ~ ~- ,q\-,~ ~ 0> ~ ~ ~~\.- ~ ~\ '\\ \I\~ ..""' ~ 1 ~ ~ ~ ~ l\f~ ~ ~~~ ~ .~~ "'~" !:: J>2) ~~. IU 'r'.i~~ ~ ~ 13~ ~\ it" ."\\; ~ ~ ~ ~ \. u 0 "" - I \ OO~\ ~o ~j2, ,\ t1 ~;.~" 0.; } v-: ~ ~ :\ "".. ~ ~ ~\ ~= ~ ~ ~~ ~l\r\Q '" ~~~ .... ~ i)l\ ~ ~~ ")~~ \ ~ii~~\ \ Non-Conforming Structure Relevant Information: · Lynnhaven District · The applicant requests alterations to nonconforming structures, a single-family dwelling, and a detached garage. · The structures are nonconforming because they do not meet the required building setbacks in the R-5R Residential Resort District. · The applicant proposes a second and third floor addition to the existing dwelling. The second floor addition will be in line with the existing building walls, which all but one side meets the required setbacks in the R-5R District. The northern side yard, at 5.7 feet, does not meet the required a-foot setback for side yards in the R-5R Resort Residential District. Evaluation and Recommendation: · Approval with conditions II I - 50 - Item V-L.2. PLANNING ITEM # 58811 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED the Application of BEVERLY ARMSTRONG for the Expansion of a Nonconforminfl Structure at 7300 73rd Street to ADD a second floor addition RESOLUTION UPON APPLICATION OF BEVERLY W ARMSTRONG A UTHORIZING THE ENLARGEMENT OF A NONCONFORMING STRUCTURE, 7300 73rd STREET Resolution re application of BEVERLY W. ARMSTRONG authorizing the enlargement of a Nonconforming Structure on property located at 7300 73rd Street DISTRICT 5 - LYNNHA VEN The following conditions shall be required 1. The proposed addition shall be constructed substantially in accordance with the submitted physical survey/zoning analysis plan entitled "LOTS 5 AND 6, BLOCK 1, SECTION E, CAPE HENRY", dated October 10,2008, and prepared by Gallup Surveyors and Engineers, Ltd. Said plan has been exhibited to the City Council and is on file in the Planning Department. 2. The proposed addition shall be constructed substantially in accordance with the submitted elevation plans entitled "ARMSTRONG ADDITION/RE-MODEL ", dated July 22, 2008, and prepared by Redfearn Custom Designs. Said plans have been exhibited to the City Council and are onfile in the Planning Department. 3. There shall be no second kitchen (i.e. cooking facility) in the dwelling. Voting: 10-0 (By Consent) Council Members Voting Aye; Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: May 12, 2009 "I 1 2 3 4 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING STRUCTURE ON PROPERTY LOCATED AT 7300 73RD STREET 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, Beverly W. Armstrong (hereinafter the "Applicant") has made application to the City Council for authorization to enlarge a nonconforming structure by making additions to and alterations of a single-family dwelling on a certain lot or parcel of land having the address of 7300 73rd Street, in the R-5R Residential Zoning District; WHEREAS, the said structure is nonconforming, as the single-family dwelling does not meet the required setbacks and lot coverage requirements of the current zoning regulations, but did comply with the setback requirements when built with a zoning variance; and WHEREAS, pursuant to Section 105 of the city Zoning Ordinance, the enlargement of a nonconforming structure is unlawful in the absence of a resolution of the City council authorizing such action upon a finding that the proposed structure, as enlarged, will be equally appropriate or more appropriate to the zoning district than is the existing structure; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed structure, as enlarged, will be equally appropriate to the district as is the existing structure. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the enlargement of the single-family dwelling, by additions and alterations is hereby authorized, upon the following conditions: 1. The proposed addition shall be constructed substantially in accordance with the submitted physical survey I zoning analysis plan entitled "LOTS 5 AND 6, BLOCK 1, SECTION E, CAPE HENRY", dated October 10, 2008 and prepared by Gallup Surveyors and Engineers, Ltd. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 2. The proposed addition shall be constructed substantially in accordance with the submitted elevation plans entitled "ARMSTRONG ADDITION I RE-MODEL", dated July 22, 2008 and prepared by Redfearn Custom Designs. Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. 3. There shall be no second kitchen (i.e. cooking facility) in the dwelling. II I 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 ?t-h day 49 of May ,2009. CA 11 062 R-2 May 1 , 2009 APPROVED AS TO LEGA~ SUFFlrIENCY: rfJ~fi1N~ City Attorney's Office 2 Ii: ~ n ~ ~ REQUEST: Alteration and Enlarqement of a Nonconforminq Structure ADDRESS I DESCRIPTION: 7300 73rd Street GPIN: 2419669586 ELECTION DISTRICT: LYNNHAVEN II MR. BEVERLY W. ARMSTRONG May 12, 2009 City Council Meeting STAFF PLANNER: Faith Christie SITE SIZE: 15,000 square feet AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST The applicant deferred the request at the March 10th City Council meeting in order to provide additional information regarding the setbacks of the structure. The previous owner provided the architectural plans for the structure to the applicant. The applicant contacted the architect, Mr. William M. Wilshire, Jr., concerning the existing location of the home with regard to the setbacks. The architect states that his architectural firm, Williams and Tazewell and Associates, was retained in 1977 by the previous owner to prepare plans for additions to the home. To the best of his knowledge the plans were prepared in accordance with a variance for setbacks approved by the Board of Zoning Appeals. The previous owner retained Hoy Construction to obtain the building permit and construct the additions to the home. Again to the best of Mr. Wilshire's knowledge the additions to the home were constructed in accordance with the approved plans, variance to setbacks, and building permit. The purpose of this request is to make alterations and additions to an existing nonconforming structure at 7300 73rd Street. The single-family dwelling was built in 1960 and is nonconforming with respect to the required setbacks and lot coverage for single-family dwellings in the R-5R Residential Resort District. The following compares the dimensional requirements in 1960, the dimensional requirements in the R-5R District today, and the yard and coverage figures of the existing structure: MR. BEVERLY W. ARMSTRONG May 12, 2009 City Council Meeting Page 1 II I 1960 2009 Current Building Front Yard Setback 30 feet 20 feet 29. ?feet Rear Yard Setback 1 0 feet 20 foot 4.9 feet Side Yard Setback 15 feet 18 feet 15.3 feet (adjacent to a street) Interior Side Yard 6 feet 8 feet 12.8 feet Setback Setback adjacent to No regulation 30 feet ocean Lot Coverage No regulation 35% 35.5% The applicant desires to add a second floor addition to the home. The addition will not encroach any farther into the setbacks than what currently exists. The existing structure exceeds the allowable lot coverage by 0.5 percent (80.3 square feet), but does not exceed the overall impervious cover allowance (60%) or allowed floor area. The proposed exterior of the structure will be Hardiplank@ siding and roofing shingles will match the existing roof. The proposed addition will contain a media / recreation room, bedroom, his and her baths, dining area, and exercise room. Second floor covered porches over the existing patio area will also be installed on each side of the structure. The existing first floor will be re- configured to contain bedrooms, bathrooms, foyer / entryway, and kitchen. LAND USE AND ZONING INFORMATION EXISTING LAND USE: A single-family dwelling, driveway, and landscaping SURROUNDING LAND USE AND ZONING: North: South: . Single-family dwelling / R-5R Residential Resort 73rd Street Across 73rd Street are single-family and duplex dwellings / R-5R Residential Resort Atlantic Ocean Single-family dwelling / R-5R Residential Resort . . East: West: . . NATURAL RESOURCE AND CULTURAL FEATURES: The site is located at the eastern end of 73rd Street adjacent to the sand dunes, beach, and Atlantic Ocean. There are no known natural resources or cultural features associated with the site. AICUZ: The site is in an AICUZ of Less than 65dB Ldn IMPACT ON CITY SERVICES City services are not impacted by the additions. MR. BEVERLY W. ARMSTRONG May 12, 2009 City Council Meeting Page 2 "I EVALUATION AND RECOMMENDATION The Comprehensive Plan Map designates this site as part of the Primary Residential Area - North Virginia Beach Site 11. The North Virginia Beach community encompasses a predominantly residential area located on both sides of Atlantic Avenue from 42nd Street to 89th Street. It is characterized by a compact arrangement of single-family and duplex units with much of the land zoned Residential Resort District (R-5R).The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The request for alteration and expansion of this nonconforming use is compatible with the Comprehensive Plan's recommendations for this area. The proposed enlargement is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non-conforming structure. The request, therefore, is acceptable with the conditions below. CONDITIONS 1. The proposed addition shall be constructed substantially in accordance with the submitted physical survey / zoning analysis plan entitled "LOTS 5 AND 6, BLOCK 1, SECTION E, CAPE HENRY", dated October 10,2008 and prepared by Gallup Surveyors and Engineers, Ltd. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 2. The proposed addition shall be constructed substantially in accordance with the submitted elevation plans entitled "ARMSTRONG ADDITION / RE-MODEL", dated July 22,2008 and prepared by Redfearn Custom Designs. Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. 3. There shall be no second kitchen (i.e. cooking facility) in the dwelling. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. MR. BEVERLY W. ARMSTRONG May 12, 2009 City Council Meeting Page 3 II I AERIAL OF SITE LOCATION MR. BEVERLY W. ARMSTRONG May 12, 2009 City Council Meeting Page 4 II I ll-IIS IS TO CERTIFY ll-IAT I, ON SEPT. 15. 2008 SURVEYED ll-IE PROPERTY SHOWN ON ll-IIS PLAT AND ll-IAT ll-IE TITLE LINES AND WALLS OF ll-IE BUILDINGS ARE AS SHOWN ON ll-IIS PLAT. ll-IE BUILDINGS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS ON THE PROPERTY EXCEPT AS SHOWN. SIGNED: i>~'UI U). 9:L,~ LS -~'!!~, 10) lCll<t. -- ATLANTIC OCEAN OCEANFRONT AVE. - 150' R!W (UNDEVELOPED) PROP. 8'x 22.1' COVERED PORCH OVER EX. 1 st. FlR. ~ PROP. 8' x 22' COVERED PORCH OVER EX. 1st. FlR. PROPOSED 2nd FlOOR ADDI110N 4 " ~ ~ b IX) --- "0 o d on I- W W ~ en "0 L. 2-2' WALl. I"") (EN CR.) '" PROPOSED 2 STORY ADDI110N 0.5' CLENi J:"ENCE 8 PHYSICAL SURVEY /ZONING ANALYSIS LOTS 5 and 6 BLOCK 1 - SECTION E CAPE HENRY M.B. 1 P. 8b IIIRGlNIA BEACH, IIIRGlNIA SCALE: 1. = 25' OCT. 10, 2008 MADE FOR 8EVERL Y ARMSTRONG GALLUP SUR\oEYORS .,. ENGINEERS. L 10. 313 FIlST ca.cHAl ROAO 'MGINIA BEAOl. ~A 234$4. (707)42&-8132 ATLANTIC AVE. G; \08-106ps.dwg SHEET 1 OF 2 F.B. 451 P. 74 SITE PLAN MR. BEVERLY W. ARMSTRONG May 12,2009 City Council Meeting Page 5 II I NOTES 1.) THE PROPERTY SHOWN HEREON APPEARS TO FALL INSIDE ZONE: X, VE(ELEV. 10) AS SHOWN ON THE F.E.M.A. FLOOD INSURANCE RATE MAP FOR THE CITY OF VIRGINIA BEACH, COMMUNITY PANEL #515531-0016 E . 2.) THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT SHOW ANY AND/OR ALL EASEMENTS OR RESTRICTIONS THAT MAY AFFECT SAID PROPERTY AS SHOWN, SITE DATA 1. GPIN: 2419-66-9586 2. ZONED: R-5R 3. LOT AREA: 15.000 SF 4, LOT COVERAGE: HOUSE: 5.330.3 SF (35.5%) 5. ALLOWABLE LOT COVERAGE: 35% x 15.000 SF = 5.250 SF 6. FLOOR AREA (EXCL. GARAGE): 8,187.5' SF 7. ALLOWABLE FLOOR AREA: 35% x 15.000 x 200% = 10.500 SF 8. IMPERVIOUS COVERAGE: HOUSE: 5,330.3 SF CONCRETE DRIVEWAY: 1.841.2 SF FRONT CONCRETE WALKS: 156.8 SF FRONT BRICK WALK: 472.2 SF SLATE FISH POND SURROUND: 35.0 SF BRICK PLANTER WALLS: 78.2 SF OUTSIDE SHOWER CONCRETE: 53.1 SF AIR CONDITlONERS: 25.6 SF CRAWL ACCESS RETAINING WALL: 6.1 SF WOOD DECK FOR HOT ruB: 141.4 SF REAR BRICK PAllO AND WALL: 489.8 SF REAR BRICK WALL: 149.2 SF REAR WOOD STEPS: 35.1 SF PUMP HOUSE: 12.0 SF 8826.0 SF TOTAL 9. ALLOWABLE IMPERVIOUS COVERAGE: 15.000 x 60% = 9.000 SF PHYSICAL SURVEY /ZONING ANALYSIS LOTS 5 and 6 BLOCK 1 - SECTION E CAPE HENRY M.B. 1 P. 8b VIRGINIA BEACH. VIRGINIA SCALE: N/A OCT. 10, 2008 MADE FOR BEVERLY ARMSTRONG GALLUP SUR'YEYORS '" ENGINEERS, L TO. 323 FRST COlONIAl ROAD \1RGlNA BEACH. \1RG1NlA 2J454 (757)428-6132 SHEET 2 OF 2 G: \08-106ps,dwg ZONING ANALYSIS MR. BEVERLY W. ARMSTRONG May 12, 2009 City Council Meeting Page 6 ! { j" ~,>' <f,. .. '. - ... "- ,\\ . '\ f ;' '\c'~ :. /.- BUILOING ELtN A. lION MR I3E\JERL Y '/II, Jl-RMSiRONC May 12. 2009 City coune'll Meetin page 1 \ \ i\ {\ ..-.l \ rl" ~ !\'\mp-::l-= ~,\ . _ J ~l ~,\ ~-\ \1 ..; ~. :i,\ ~ ~\ ~ \ :~.\ ,-e--~ I ~\ .~}\Ii\ \B I~ , 2-41,\ trl\ .\\ ~,,~ ~ ~I Fl. 1\\ \ \ \~ I' ~l\\ \ ,.~1 . . -..:..---j , .- ..~;~; -+ ; '/~:1~I\__. i~'\ /\ \\ :~ \ t1 I ;'1 \ \t"B"''''--~~'~ ~"".Y \ ._ \ 11.\ (I t-:J \ "I .j \ \\~ <j \i~ ~ . - I \ ~~ ,\ h 1 .~ \: \ !' . .' \ '1 . \. II \, -..' g\ ,,\'\\ ...' ~ / " ! Ii.. \" . . \ "I ~ \ I .\ \ . . o \ \,\1' . \j\i \ \~ . tMI '!\ "i\ \~'. ..'~ M\' \. m \ I \. " .!t' \ \\\ \\~\ .'.' \ \ \tT ';\ \ Ir (lJl. \ -~'1"-'\ 1\~=cl , 'f ;;-'If E -.,\. ! \ \\\:f-.--~' 1.1 ~ ~'\\W\" \ II ~ .....---, \ '. j ..= ~ \;>;.-1.\ .\ \....9 J ,. \\ \y. \ f-\ \\ . ~ / \'\' L E:,:1\ \ ~ i \ \. \~- --.---\- ! ~'\ \\\ \\, f .\o--\-\ \\, ?~ \ \.\\.~i \-. \ .'" \:'-.. ---~~ \, \ \i J. \ \ 'S\ \' \ II . t tOl I, t:. \ \1 ... ' .\ ~ \ \ hi \ \ \ II ; ~\ \ \, \ \1\ f:-"--::J\-'J' '\ f\i: ' \ \ \, \tL.,,- ~\ '- '; ~l _' .\-\ 11\ ',,1:"'~ h...,;\1 \\\\ \ ~{i\ '\\\ ,- ~'l \ \. ":' _ ,. . \ .....J \\ -\ . 'i \ \ /1.t1c- _.-~ ~ \ - ..-if~~-~-+ BUILOING ELE" ,,1'IONS MR. BE\lERL Y W. !\RMS1RONG May ~2. 2009 Ci~ Council Meeting page ~ "I OCEAN SIDE OF HOUSE MR. BEVERLY W. ARMSTRONG May 12, 2009 City Council Meeting Page 9 II I '<~, -, ENTRYWAY INTO SITE AND HOUSE MR. BEVERLY W. ARMSTRONG May 12, 2009 City Council Meeting Page 10 ~ ~ ~ r: II I o r, ~ :;\ I Approved I 1. I 12/11/07 I Alterations to a Nonconforming Use ZONING HISTORY MR. BEVERLY W. ARMSTRONG May 12, 2009 City Council Meeting Page 11 I, z o I I ~ U I I ~ ~ ~ ~ r:..I":} p c;..:, z i o ~ Z o u . Z o Z II I II DISCLOSURE STATEMENT II APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Mr, Beverly W. Armstrong 2. List all businesses that have a parent-subsidiari or affiliated business entitl relationship with the applicant: (Attach list if necessary) X Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization, PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1, List the property owner name followed by the names of all officers, members, trustees, partners, etc below (Attach list if necessary) 2, List all businesses that have a parent-subsidiary1 or affiliated business entitl relationship with the applicant: (Attach list if necessary) o Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 2 & See next page for footnotes Non.Conformmg Use Application Page 8 of 9 Revised 9/1/2004 MR. BEVERLY W. ARMSTRONG May 12, 2009 City Council Meeting Page 12 .,..." ~j r""'I! DISCLOSURE STATEMENT II ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P,C, Gallup Surveyors & Engineers, Ltd. Brad Tazewell, Architect Joelle Redfearn, Designer Seaside Builders 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code 9 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities, Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act, Va. Code 9 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate, I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package, ", /' 1 . I ~ // I -..J.-'I.(~, r, ,~,'/^ .1,,,_ ~ . . . '. _ _,! / _' "';.' . ~.. , d,f'v Appl'icanls 'Slgnature ? Beverly W, Armstrong Print Name Property Owner's Signature (if different than applicant) Print Name Non-Conforming Use Application Page 9 of 9 Revised 9/1/2004 II I z o I I ~ U I I ~ ~ ~ ~ ~ p t..:) Z ~ o ~ Z o u . Z o Z MR. BEVERLY W. ARMSTRONG May 12, 2009 City Council Meeting Page 13 II I - 51 - Item V-L.3. PLANNING ITEM # 58812 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED with Revised Condition 1, an Ordinance upon application of REFORMED BAPTIST CHURCH OF VIRGINIA BEACH for a Conditional Use Permit re a church: ORDINANCE UPON APPLICATION OF REFORMED BAPTIST CHURCH OF VIRGINIA BEACH, FOR A CONDITIONAL USE PERMIT RE A CHURCH, PORTIONS OF 2230, 2234 AND 2240 SALEM ROAD AND A PARCEL ABUTTING THE REAR PROPERTY LINE R050935335 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of REFORMED BAPTIST CHURCH OF VIRGINIA BEACH, for a Conditional Use Permit re a church, portions of 2230, 2234 and 2240 Salem Road and a parcel abutting the rear property line (GPIN: 1484062581, 2.55 acres, GPIN: 147963332, 0.21 acres; GPIN: 1484060288, 0.28 acres, GPIN: 148406112,0.57 ACRES. DISTRICT 7 - PRINCESS ANNE DISTRICT. (*The revision consists of the date change to May 7,2009, which refers to a revised site plan showing a drainage easement from the drainage swale adjacent to the rear of the residential lots to the storm water managementfacility for the church) The following conditions shall be required: 1. When the site is developedfor the church, the site layout, buffering and landscaping shall be substantially as depicted on the site plan entitled, "Reformed Baptist Church Conditional Use Permit, " prepared by Land Planning Solutions, dated December 23, 2008, and May 7, 2009, which has been viewed by the City Council and is on file in the Planning Department, 2, When the building is constructed for the church, it shall be substantially as depicted on the building elevations entitled, "Reformed Baptist Church Conditional Use Permit, " prepared by Land Planning Solutions dated December 3, 2008, which have been viewed by the City Council and are on file in the Planning Department. 3, A Certificate of Occupancy shall be obtained from the Building Official's Office prior to operation as a church facility. 4. A legal ingress-egress easement shall be established for the landlocked lot on the northern portion of the site identified on the plan as GPIN 14840625810000. A plat depicting this ingress/egress shall be put to record prior to the approval of the final site plan for construction of the church. May 12, 2009 "I - 52 - Item V-L.3 PLANNING ITEM # 58812 (Continued) 5. Additional landscaping, beyond what is depicted on the plan identified in Condition 1 above, shall be installed between the driveway, including the curve into the parking lot, and the lot identified as GPIN 1484062244000. Said landscaping shall consist of Category IV screening and shall be depicted on the final site plan and/or landscape plan. 6, The access point shown on Salem Road shall be chained and locked when the church is not in use, Said chain shall be installed at a point between Salem Road and the church parking lot where a turn-around can be provided for vehicles to safely egress from the site upon reaching the point of terminus created by the chain. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance, Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of May, Two Thousand Nine Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D, Sessoms, Jr" Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent; John E. Uhrin Mav 12, 2009 "I - 53 - Item V-LA. PLANNING ITEM # 58813 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of CHRISTIAN HOUSE OF PRAYER VIRGINIA, INCJor a Conditional Use Permit re: religious services: ORDINANCE UPON APPLICATION OF CHRISTIAN HOUSE OF PRAYER VIRGINIA, INC, FOR A CONDITIONAL USE PERMIT. RE RELIGIOUS SERVICES, IN AN EXISTING BUILDING 333 EDWIN DRIVE R050935336 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CHRISTIAN HOUSE OF PRAYER VIRGINIA, INC., for a Conditional Use Permit, re religious services, in an existing building at 333 Edwin Drive (GPIN: 14777002080000). DISTRICT 3- ROSE HALL DISTRICT. The following condition shall be required: 1. A Final Certificate of Occupancy shall be obtained from the Building Official's Office prior to occupancy. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach. Virginia, on the Twelfth of May, Two Thousand Nine Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin May 12,2009 "I - 54 - Item V-L.5. PLANNING ITEM # 58814 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, with Revised Conditions, an Ordinance upon application of GROUND ZERO CHURCH for a Conditional Use Permit to conduct religious services at 485 South Lynnhaven Road: ORDINANCE UPON APPLICATION OF GROUND ZERO CHURCH, FOR A CONDITIONAL USE PERMIT. REA RELIGIOUS FACILITY R050935337 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of GROUND ZERO CHURCH, for a Conditional Use Permit, re a religious facility, at 485 South Lynnhaven Road (GPIN 1496183564). DISTRICT 3 - ROSE HALL DISTRICT The following conditions shall be required: 1. The number of individuals attending anyone service shall not exceed the occupancy number established by the Fire Marshall. 2. The applicant shall obtain all 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. This Use Permit is valid for three (3) years from the date of City Council approval. and cannot be administratively renewed. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance, Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of May, Two Thousand Nine Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin May 12, 2009 "I - 55 - Item V-L.6. PLANNING ITEM # 58815 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, with Revised Conditions, Ordinance upon application of FAITH TEMPLE CHURCH for a Conditional Use Permit re a church within an existing retail center: ORDINANCE UPON APPLICATION OF FAITH TEMPLE CHURCH FOR A CONDITIONAL USE PERMIT RE A CHURCH WITHIN AN EXISTING RETAIL CENTER AT 152-B SOUTH PLAZA TRAIL. R050935338 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of FAITH TEMPLE CHURCH, Conditional Use Permit re a church within an existing retail center at 152-B South Plaza Trail. (GPIN:1487341560000) DISTRICT 3 - ROSE HALL The following conditions shall be required: 1. The applicant shall comply with all applicable requirements for building codes, including fire safety and suppression, requiredfor a change of use from commercial to a place of assembly prior to commencing church activities, This includes a Fire Inspection, a Fire Code Permit and a Certificate of Occupancy from the Building Official's Office. 2, The number of congregants at any time shall not exceed the occupancy number for the unit as established by the Fire Marshall. 3. This Use Permit is valid for three (3) vears from the date of City Council avvroval, and cannot be administrativelv renewed. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance, Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of May. Two Thousand Nine Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones. Mayor William D. Sessoms, Jr,. Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin May 12, 2009 II I - 56 - Item V-L.7. PLANNING ITEM # 58816 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, an Ordinance upon application of HARVEY ORRfor a Conditional Use Permit re: home occupation (designing and constructing custom made furniture) at 1545 Harbor View Cove ORDINANCE UPON APPLICATION OF HARVEY ORR FOR A CONDITIONAL USE PERMIT, RE A HOME OCCUPATION (WOODWORKING) AT 1545 HARBOR VIEW COVE. R050935339 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of HARVEY ORRfor a Conditional Use Permit, re a home occupation (woodworking) at 1545 Harbor View Cove. (GPIN: 14653486390000) DISTRICT 1 - CENTERVILLE . The following conditions shall be required: 1. In accordance with Section 234 of the City Zoning Ordinance (CZO) , not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall be used in conjunction with the home occupation. 2. No permanent signs advertising the business shall be permitted, other than one (1) as specifically permitted under Section 234 of the City Zoning Ordinance (CZO), on the premises or installed on the lot or buildings on the lot at any time. 3, Sales to the general public of product or merchandise shall not be permitted on the property, 4. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists, 5, All storage of materials, supplies and equipment associated with the requested home occupation use shall occur inside of the existing accessory structure. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of May, Two Thousand Nine May 12, 2009 - 57 - Item V-L. 7. PLANNING ITEM # 58816 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin II I May 12, 2009 II I - 58 - Item V-L.8. PLANNING ITEM # 58817 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of RICHMOND 20M HZ, LLC., dba NTELOS for a Conditional Use Permit re: communications tower at 3429 Clubhouse Road: ORDINANCE UPON APPLICATION OF RICHMOND 20MHZ, LLC, DBA NTELOS, CONDITIONAL USE PERMIT, COMMUNICATIONS TOWER, 3429 CLUBHOUSE ROAD R050935340 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of RICHMOND 20MHZ, LLC, DBA NTELOS, Conditional Use Permit, for a communications tower at 3429 Clubhouse Road (GPIN: 14867883310000) DISTRICT 3 - ROSE HALL The following conditions shall be required: 1, The site shall be developed substantially in accordance with the submitted development plans entitled "Ntelos Proposed 130-foot Monopole Tower, NR-5432-Bow Creek, 3429 Clubhouse Road, Virginia Beach, VA 23452 ", prepared by Terradon, and dated 1/30/09, Said plans have been exhibited to the City Council and are on file in the Department of Planning. 2. Any buildings within the Conditional Use Permit area shall have afull exterior f(u;ade of brick, to match the neighboring recreation center and a hipped roof, as approved by the Department of Parks and Recreation. 3. The landscape plan shall be MODIFIED from that submitted with the Conditional Use Permit preliminary site plan, subject to the approval of the Department of Parks and Recreation, to include: a, Replacement of the Leyland Cypress trees with Loblolly Pines or other comparable trees b. Expansion of the northern landscape buffer area for the duration of the Conditional Use Permit / lease area to include a mixture of Wax Myrtles and Oleanders to match existing landscape buffer in the Bow Creek Neighborhood Park. 4. The landscape buffer required with the Conditional Use Permit shall be maintained by the applicant. 5. All landscape or improved area of the Conditional Use Permit area that are disturbed and associated with the development, or on-going conditional use, shall be mitigated by the applicant to the satisfaction of the Department of Parks and Recreation. 6. All fencing surrounding the proposed tower and lease area shall match the existing Bow Creek Neighborhood Park fencing as approved by the Department of Parks and Recreation. May 12, 2009 "I - 59 - Item V-L.8. PLANNING ITEM # 58817 (Continued) 7. The existingfence separating the Bow Creek Golf Course and the west side of the Recreation Center shall be MODIFIED with a gate to provide access to the tower and lease area. Said gate shall match the existingfencing as approved by the Department of Parks and Recreation. 8. The proposed tower shall not exceed 135 feet in overall height. 9, In the event interference with any City emergency communications facilities arises from the user(s} of this tower, the user(s} shall take all measures reasonably necessary to correct and eliminate the interference. Jj the interference cannot be eliminated within a reasonable time, the user shall cease operation to the extent necessary to stop the interference. 10. In the event that antennae on the tower, and or the tower, are inactive for a period of one (1) year, the tower shall be removed at the applicant's expense, This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach. Virginia, on the Twelfth of May, Two Thousand Nine Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin May 12,2009 II I - 60- Item V-L.9. PLANNING ITEM # 58818 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of EUCLID PROPERTIES, LLC for a Change of Zoning District from R- 5D Residential Duplex to Conditional B-2 Community Business District re: constructing an addition to an existing office building at 4756 Euclid Road: ORDINANCE UPON APPLICATION OF EUCLID PROPERTIES, LLC, CHANGE OF ZONING DISTRICT CLASSIFICATION, R-5D RESIDENTIAL DUPLEX DISTRICT TO CONDITIONAL B-2 COMMUNITY BUSINESS DISTRICT, 4756 EUCLID ROAD Z05091225 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of EUCLID PROPERTIES, LLC, Change of Zoning District Classification, R-5D Residential Duplex District to Conditional B-2 Community Business District, 4756 Euclid Road (GPIN: 14773243350000) DISTRICT 2 - KEMPSVILLE The following condition shall be required: 1. Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record 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 Twelfth of May, Two Thousand Nine May 12, 2009 II I - 61 - Item V-L.9. PLANNING ITEM # 58818 (Continued) Voting; 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones" Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Mayor William D, Sessoms, Jr. Council Members Absent: John E. Uhrin Mayor Sessoms DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(E), Code of Virginia re Item L.8. (Euclid Properties LLC) Mayor Sessoms will ABSTAIN from voting on this transaction because he is an officer of TowneBank, which is located at 297 Constitution Drive, and the applicant has obtained financing from TowneBank Mayor Sessoms' correspondence of May 13, 2009, is hereby made a part of the record. May 12,2009 "I City e>f Virgir1ia Beach WilLIAM D. SESSOMS, JR. MAYOR VBgov.com MUNICIPAL CENTER BUilDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 385-4581 FAX (757) 385-5699 wsessoms@vbgov.com In Reply Refer to 0038926 May 13, 2009 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs_ Fraser: Re: Abstention Pursuant to Conflict ofInterests Act ~ 2.2-3115 (E) Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on Euclid Properties, LLC's application for a change of zoning district classification for property at 4756 Euclid Road. 2. I abstained from voting on this transaction because I am an officer of TowneBank, which is located at 297 Constitution Drive in Virginia Beach, and the applicant has obtained financing from TowneBank. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. ;;;;~ William D. Sessoms Mayor WDS/RRI II I CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No, DF-7384 DATE: April 29, 2009 FROM: Mark D. Stile~\W B. Kay Wilso~- DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application; Euclid Properties, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 12, 2009. I have reviewed the subject proffer agreement, dated November 10,2008 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen II I Document Prepared By: Huff, Poole & Mahoney, P.C. 4705 Columbus Street Virginia Beach, Virginia 23462 AGREEMENT This Agreement ("Agreement") is made this ~ day of ~Mber- , 2008, by and between EUCLID PROPERTIES, LLC, a Virginia limited liability company(hereinafter referred to as the <<Grantor"), the Conditional Rezoning applicant and current owner of that certain property located in the City of Virginia Beach, as more particularly described below; and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee"). WIT N E SSE T H: WHEREAS, Grantor EUCLID PROPERTIES, LLC is the current owner of that certain property located in the City of Virginia Beach, Virginia identified by GPI N 1477-32- 4335, also described as 4756 Euclid Road, Virginia Beach, Virginia 23462 (more specifically described in Exhibit A attached hereto and hereinafter referred to as the "Property"), WHEREAS, Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the property from R-5D to Conditional B-2, WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including business purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatibJe uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B- 2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning districts by the existing City's Zoning Ordinance (CZ), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have 1 GPIN NO. 1477-32-4335 a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shaH continue in fuH force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subiect Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or expectation from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan or building permit, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shaH be binding upon the Property and upon aH parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, upon the condition precedent that the Property is rezoned to Conditional B-2, namely: 1. The Grantor, prior to converting the use to a business, shall improve the Property for use as an office building, with associated parking, with the maximum footprint of the building not to exceed 12,000 +1- square feet as depicted in the exhibit entitled: "Conceptual Site layout Plan of Euclid Properties, llC, 4752 Euclid Road, Virginia Beach, VA" dated December 1, 2007(hereinafter the "Concept Plan"). which was exhibited to the Virginia Beach City Council and is on fi\e with the Virginia Beach Planning Department. 2. The construction of an office building and associated parking located at 4756 Euclid Road, Virginia Beach, Virginia, may be conducted as a single project or in phases. However, construction of any single phase shall not impose 2 GPIN NO. 1477.32-4335 any requirement for the construction of any subsequent phase. 3. The Grantor may construct a freestanding office building or utilize and expand the existing structure located at 4752 Euclid Road, Virginia Beach, Virg'lnia. Any construction, extension or renovation to be located on the Property shall be of similar or higher quality building materials as the materials used on the structure existing at 4752 Euclid Road or other neighboring parcels to maintain the integrity and cohesive nature of all neighboring commercial parcels. 4. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan review and administration of applicable City Codes by aU cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet aU conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) jf aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerks' Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. ISlGNATURES APPEAR ON SUBSEQUENT PAGES] 3 GPIN NO. 1477.32-4335 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above . E~CL1r:>.J:~.OP~:IES, LLC , ; /,; '" '--..... . - ~ / By: -_.....;. (,./ J. Daniel Downing, Mang COMMONW~AL.:~ OF VIRGINIA, At Largt. . . . CITY OF V~7j^ ,(I.... ~... rh , to-WIt. .I I, ~l~ 01...-Edd'5 ,a Notary Public In and forlhe City and State afores d, do certify that J. aniel Downing, Manager of Euclid Properties, LLC, Grantor herein, has acknowledged the foregoing Agreement, the execution thereof by and on behalf of the Grantor and his signature hereon before me this ~ day of fPw.lAAkr- , 2008. Mr. Downing is personally known to me or has provided \-\'1 ~ dri\rtJL.~ I ~ C~ ~ as identification. My commission expires: 5\0\1 ?b 7~'() Notary Commission No.: ,0'145' \ -::c \,A.) ~ C() ~1'S15lb~ GJ' tJ6~ ~ f\~u..IY\' ~r0\C5~ 4 GPIN NO. 1477-32-4335 II I Leeal Description ALL THAT certain piece or parcel of land, lying, situate and being in the City of Virginia Beach, formerly Princess Anne County, Virginia, said property fronting on U. S. Route #44 and is located between the property now or formerly owned by Oden and the property now or formerly owned by Cleaves, and more particularly described on the plat entitled, "Plat of a portion of Aneva White Estate to be conveyed to Russell Dildy, Virginia Beach, Virginia", made by George F. Hoggard, Civil Engineer and Land Surveyor, Portsmouth, Virginia, and constituting 0.73 Acres, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 923, at Page 95, and to which reference is hereby made for a more particular description of said property. LESS AND EXCEPT that portion of the property conveyed to the Commonwealth of Virginia for highway purposes by Deed dated February 19, 1975 and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1488, at Page 487. LESS AND EXCEPT that portion of the property conveyed to the City of Virginia Beach in Deed Book 4267 at page 1149. II I I - 62 - Item V-L.IO. PLANNING ITEM # 58819 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AMEND $201 of the City Zoning Ordinance (CZO) re: setbacks for front porches and handicapped ramps Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones. Mayor William D. Sessoms, Jr., Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin May 12, 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34' 35 36 37 38 39 40 41 42 43 44 45 II I AN ORDINANCE TO AMEND SECTION 201 OF THE CITY ZONING ORDINANCE PERTAINING TO SETBACKS FOR FRONT PORCHES AND HANDICAPPED RAMPS Section Amended: 9201 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 9201 of the City Zoning Ordinance is hereby amended and reordained to read as follows: Sec. 201. Yards. (a) General. All required yards shall be unobstructed by any structure or other improvement which exceeds sixteen (16) inches in height as measured from ground elevation; provided, however, the following improvements may be located in a yard: (6) Covered. unenclosed front porches on sinQle-family or duplex structures constructed prior to the effective date of this ordinance. may extend into the required front yard setback, provided. however, that: a. such porches shall have a maximum depth of six (6) feet. as measured from the exterior wall of the main structure to the exterior edQe of the porch foundation and a maximum width of twelve (12) feet; and b. in no case shall the setback from the lot line to the exterior wall of the porch foundation be less than five (5) feet; and (7) Handicapped ramps. to the extent necessary to perform their proper function. In addition, certain other structures, uses or accessories may be prohibited in certain yards as set forth in the applicable district regulations. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 ih day of May, 2009. II I - 63 - Item V-L.II. PLANNING ITEM # 58820 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AMEND ~111 and ~225, 1 of the City Zoning Ordinance (CZO) re: definition and requirements pertaining to the use of Bed and Breakfast Inns Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Ron A, Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin May 12, 2009 II I 1 AN ORDINANCE TO AMEND THE DEFINITION OF BED 2 AND BREAKFAST INNS AND PARKING, SIZE, FOOD 3 SERVICE, LOCATION AND OTHER REQUIREMENTS 4 PERTAINING TO SUCH USE 5 6 Sections Amended: City Zoning Ordinance Sections 111 7 and 225.1 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Sections 111 and 225.1 of the City Zoning Ordinance is hereby amended 16 and reordained, to read as follows: 17 18 Sec. 111. Definitions. 19 20 For the purpose of this ordinance, words used in the present tense shall include 21 the future; words used in the singular number include the plural and the plural the 22 singular; the use of any gender shall be applicable to all genders; the word "shall" is 23 mandatory; the word "may" is permissive; the word "land" includes only the area 24 described as being above mean sea level; and the word "person" includes an individual, 25 a partnership, association, or corporation. 26 27 In addition, the following terms shall be defined as herein indicated: 28 29 30 31 Bed and breakfast inn. A primary residential structure of historical significance 32 in which not more than ten (10) thirteen (13) rooms are provided for lodging transients, 33 for compensation, on daily or weekly terms, with breakfast. 34 35 36 37 38 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 39 TO ALL DISTRICTS 40 41 42 43 C. CONDITIONAL USES AND STRUCTURES 44 II I 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 Sec. 225.1. Bed and breakfast inns. In addition to general requirements, bed and breakfast inns shall be subject to the following requirements, which shall be deemed to be conditions of the conditional use permit: (1) No more than ten (10) thirteen (13) lodging units may be provided, and no such units shall have direct ingress or egress to the outside of the building. Living quarters for the owner or manager of the inn shall be provided in addition to lodging units. The operator, or his designated representative who is responsible for the premises, shall be available on the premises while it is open for use. Such owner or manager shall be on site and available on a twenty-four-hour basis. (2) Antiques may be sold at retail as an accessory use if expressly permitted by the conditional use permit, provided, that such sales are conducted from within the same building in which the lodging units are located and that no more than twenty (20) per cent of the total floor area of the building shall be used in the conduct of such sales. (3) Food and beverages will be served if expressly permitted by the conditional use permit, and in no event shall seating capacity exceed twenty five (25) forty (40) persons, including lodging guests. Breakfast will be servod shall be provided to guests. (4) Notwithstanding any contrary provision of this ordinance, signage shall be limited to one (1) identification sign not exceeding nine (9) square feet per face. (5) At least one (1) vehicular parking space per lodging unit shall be provided on the site. Additional parking capacity may be required by the city council if food service serving capacity exceeds the number of lodging units. Parking shall flet be 3I1o':.'ed in tho front of tho primary residential structure be provided in accordance with the conditions of the conditional use permit. (6) The following plans shall be submitted with the application for conditional use permit: a. A floor plan delineating, at a minimum, the total floor area of the building, the number and dimensions of lodging units, the location and dimensions of areas to be used for food service and antique sales, if applicable, and the location of all entrances and exits; and b. A plan delineating the location, dimensions, colors, materials and illumination of proposed signage; and,. 2 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 II I c. A parkinq plan showinq the location, capacity and desiqn of areas to be used for vehicular parkinq. (7) The bed and breakfast inn shall be operated only in a primary residential structure and HGt in any accessory structure specified in the conditional use permit. The primary structure to be used shall be historically, architecturally or culturally significant because (1) it is associated with events that have made a contribution to the broad patterns of our history or (2) is associated with the lives of persons or groups important to our past, or (3) embodies the distinctive characteristics of a type, period, design or method of construction, represents the work of a recognized master, or possess high artistic values. (8) Maximum length of stay for a transient paying guest shall be fourteen (14) consecutive days in any thirty-day period of time. (9) Receptions and other such functions, for compensation, shall HGt be permitted only as specified in the conditional use permit. (10) A minimum of one (1) bathroom, to include a bathtub or shower, shall be provided on each floor of the structure to be occupied by guests; however, city council may require additional bathrooms as a condition of approval of the use permit. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 1 ih day of May, 2009. 3 "I - 64- Item V-L.I2. PLANNING ITEM # 58821 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of CHURCH POINT MANOR, LLC., for a Modification of Conditions Nos, 1 and 2 re: number of individuals in dining area and number of lodging rooms (approved by City Council on January 12, 1993, and March 12, 1996) at 4001 Church Point Road ORDINANCE UPON APPLICATION OF CHURCH POINT MANOR, LLC, FOR A MODIFICATION OF CONDITIONS NOS 1 AND 2 RE A CONDITIONAL USE PERMIT APPROVED ON MARCH 12,1996, FOR BED AND BREAKFAST INN, 4001 CHURCH POINT ROAD Ordinance upon application of CHURCH POINT MANOR, LLC, for a Modification of Conditions Nos. 1 and 2 re a Conditional Use Permit approved on March 12, 1996,Jor Bed and Breakfast Inn, 4001 Church Point Road (GPIN: 14773243350000) DISTRICT 4 - BA YSIDE DISTRICT The following conditions shall be required: 1. Food service is limited to a maximum seating capacity offorty (40) at anyone time 2. A maximum of twelve (12) lodging rooms may be rented at any given time 3, The restaurant shall not be open past 10:00 P,M 4. There shall be no amplified music outside the structures after 9:00 P.M 5. Parkingfor the guest rooms shall be provided on-site in the twelve (12) designated spaces. Parkingfor the restaurant shall be provided on-site as available. All additional parking shall be located along the curb area of the streets adjacent to the subject property and adjacent to the open space area located north of the subject site, Consistent with Section 21-303(b}(4), there shall be no on-street parking within thirty (30) feet of the stop signs located at the intersection of Meeting House Road, Timber Ridge Drive and Church Point Road. 6. There shall be no more than five (5) special events per month Such events shall not continue past 9:30 P.M The Zoning Administrator shall review the provisions of this condition on an annual basis to determine if there have been any complaints pertaining to the special events. If so, the Use Permit shall be re-evaluated by Planning Department staff, who shall recommend appropriate action to the Planning Commission and City Council. May 12,2009 II I I - 65 - Item V-L.n. PLANNING ITEM # 58821 (Continued) Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: William R, "Bill" DeSteph Council Members Absent; John E. Uhrin Councilman DeSteph DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(E), Code of Virginia re Item L.12, (Church Point Manor, LLC) Councilman DeSteph ABSTAINED from voting on this transaction because he has a financial interest in the applicant. Councilman DeSteph's correspondence of May 13, 2009, is hereby made a part of the record! May 12, 2009 Item V-M.l. APPOINTMENTS - 66- ITEM # 58822 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: CHESAPEAKE BA Y ALCOHOL SAFETY PROGRAM HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL II I May 12, 2009 II I - 68 - PUBLIC COMMENT Harassment Shelley Pendleton, 109 Spruce Court, Apartment 102, Phone: (757) 216-4188/(757) 839-6116, Recently met with City representatives re a problem of harassment. However. the individual, because of a busy schedule, had to transfer her case. Ms. Pendleton requested someone be assigned to attend to this problem which is a daily occurrence. The Federal Bureau of Investigation told Ms. Pendleton not to return. Ms. Pendleton requested a meeting with the Mayor and Police Chief Councilman DeSteph and the City Manager met with Ms, Pendleton and then advised the Chief of Police. Chief Jacocks will contact Ms. Pendleton. Leslie Stukey, 2905 Sugar Maple Drive, Phone; 301-6885, retired Navy Veteran with a 100% disability, Mrs. Stuckey reiterated her previous concerns. Mrs, Stukey advised she had appeared before City Council about a year ago and no action has been taken to-date. Her husband is currently on his third overseas tour. Mrs. Stukey's daughter. Elise, nine years old, was in attendance with her, Three (3) years ago on December Eighteenth, at the age of six, a candy store clerk in Pembroke Mall assumed Elise had stolen something and improperly searched her. No one assisted her, neither the Virginia Beach Police Department, Magistrate's Office, District Attorney nor the Legislators. Three years later, Ms. Stukey was pulled over by two (2) Police Officers, which turned into approximately twenty (20) Police Officers all holding guns on her. She had only been leaving her Chiropractor's appointment. After she was found innocent, she was informed there was a bank robbery on Virginia Beach Boulevard and her truck fit the description of the vehicle. Executive Order 9808 "Freedom from Fear" was executed by the Late President Truman. She has not experienced this since living in Virginia. Life Saving Education Debbie Hearst Gregory. 5584 Arboretum Avenue. Phone; 270-0965. Life Safety Education Specialist for training. Mrs. Gregory referenced the proposal to eliminate one (1) position from the Life Safety education, equating to less than one-tenth of 1% of the Fire Department budget. This commitment cannot be tasked to Volunteers. The Specialists have to train the Fire Fighters how to deal with the Children. There are only four (4) dedicated Specialists in the office. Porch Variance Amanda Fulton, 2204 East Brook Circle. Phone: 430-0460, resident of Red Mill Farms. January 2008, she applied for a permit re an addition to the front porch. The request was denied. In April, she appeared before the Zoning Board; however. the BZA granted her less square footage than requested. At the end of the case, two (2) Board Members suggested that she appeal to City Council. Mrs. Fulton was granted a 6' x 12' (6-foot by 12-foot) porch. A parch of this size would be awkward in front of the windows, The Fulton's are requesting an 8' x 30' (8-foot by 30-foot) porch. This size will architecturally compliment the house. The Fultons are very involved in Virginia Beach and have fallen in love with this community. Mrs. Fulton is a pre-school teacher. Council Lady Henley requested an opinion relative the ordinance governing porches and why porches which extend across the front of the house are prohibited. The City Manager will confer with Council Lady Henley. Karen Lasley advised it is a set-back problem. The ordinance will be reviewed. May 12,2009 II I - 67- Item V. o. ADJOURNMENT ITEM # 58823 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:39 P.M. a?~__t2:~~~ Beverl/O! Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC City Clerk William D. Sessoms, Jr. Mayor City of Virginia Beach Virginia The Public Comment Fe Non Agenda Item adjourned at 6: 50 P.M. May 12, 2009 II II I II - 67 - Item V. O. ADJOURNMENT ITEM # 58823 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:39 P.M. ~~____a__Z'~//0 Bev~;l;--nooks, CMC Chief Deputy City Clerk ~~~ Ruth Hodges Fraser, MMC City Clerk William D. Sessoms, Jr. Mayor City of Virginia Beach Virginia The Public Comment re Non Agenda Item adjourned at 6:50 P.M. May 12, 2009