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HomeMy WebLinkAboutSEPTEMBER 3, 2002 AGENDACITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE M`4 YOR ROBERT C. MdND1GO, JR., Kempsville - District 2 M`4RGARET L. EURE, Centerville - District 1 LOUIS R. JONES, Bayside - District 4 REBA S. McCLANAN, Rose Hall - District 3 RICHARD .4. MADDOX, Beach - District 6 JIM REEVE, Princess .4nne -District 7 RON A. V1LLANUEVA, At-Large ROSEMARY WILSON, At-Large JAbtES L. WOOD, Lynnhaven -District 5 JAMES K. SPORE, City Manager LESLIE L. LILLEE City Attorney RUTH HODGES SMITH, MMC, City Clerk "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAY (757) 426-5669 E MA1L:Ctycncl~vbgov. com September 3, 2002 CITY MANAGER'S BRIEFINGS A. SANDBRIDGE ROAD CORRIDOR OPTIONS John Herzke, City Engineer B. WATER USE RESTRICTIONS Clarence Wamstaff, Director of Public Works - Conference Room - 2:00 PM II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend G. Keith Almond, Pastor Community United Methodist Church PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REVYEW AND ALLOCATION COMMITTEE - COIG TOWING ADVISORY BOARD VIRGINIA BEACH/JAMESTOWN 2007 STEERING COMMISSION J. UNFINISHED BUSINESS K. NEW BUSINESS L. ADJOURNMENT 08/30/02 AGENDA09/03/02/st If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 4274303 Hearing impaired, call: TDD only 4274305 (TDD - Telephonic Device for the Deaf) CITY MANAGER'S BRIEFINGS - Conference Room - 2:00 PM Ao SANDBRIDGE ROAD CORRIDOR OPTIONS John Herzke, City Engineer WATER USE RESTRICTIONS Clarence Wamstaff, Director of Public Works REVIEW OF AGENDA ITEMS CITY COUNCIL LIAISON REPORTS CITY COUNCIL COMMENTS INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend G. Keith Almond, Pastor Community United Methodist 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 Fo MINUTES 1. INFORMAL AND FORMAL SESSIONS August 27, 2002 G. AGENDA FOR FORMAL SESSION ORDINANCES/RESOLUTION 1. Ordinances re the City Code: ao AMEND §§ 35-253, 35-254, 35-258, 35-259, 35-260, 35-263 and ADD § 35-258.1 of the City Code re administration and collection of local telecommunication service taxes b. AMEND § 21-207 re liquidated damages for violation of permitted weight limits C° AMEND and REORDAIN § 12-25(a) re designating the Chief of Fire Protection or his designee as the Fire Marshal ° Ordinance to AUTHORIZE the City Manager to AMEND and further EXTEND an option to purchase property located at Rudee Loop. 3. Ordinances re temporary encroachments into portions of the City's rights-of-way: City maintenance easement by OLYMPIA BENDIX, LLC, re a storage building at 295 Bendix Road. (DISTRICT 5 - LYNNHAVEN) bo Lake Wesley by WILLI FENSKE re boat lift, existing floating pier and replacing four existing mooring piles at 500 Southside Road. (DISTRICT 6 - BEACH) Ordinance to AUTHORIZE the City Manager to execute a LEASE of city-owned property at Ocean Lakes Community Park containing 13.06 acres to Virginia Beach Little League, Inc. for operation of a youth baseball league. (DISTRICT 7 - PRINCESS ANNE) Ordinance to AUTHORIZE the City Manager to EXECUTE a Deed of Boundary Settlement with the United States of America re Red Wing Lake Golf Course of a 5-acre boundary overlap. Ordinance to TRANSFER $300,000 from various Storm Water Capital Projects to Capital Project #7- 012, to extend the piped drainage system in Fair Meadows. Resolution APPROVING issuance of Multifamily Housing Bonds in behalf of CP Atlantic, L.P. for a project located at 999 Atlantis Drive (Atlantis Apartments). (DISTRICT 6 - BEACH) August 13, Are we ready for the question? 2002 CHIEF DEPUTY CITY CLERK: Thank you, Your Honor. MAYOR OBERNDORF: Thank you very much. CHIEF DEPUTY CITY CLERK: By a vote of 10 to 0 you have deferred unSil August the 27th, Item Number 2 of the Consent Agenda. MAYOR OBERNDORF: VICE MAYOR MANDIGO: August 13, 2002 Okay. Number 2 will be deferred. So, on the Consent Agenda this will be a deferral for two weeks? MAYOR OBERNDORF: Yes. FORMAL SESSION MAYOR OBERNDORF: Now, we will go onto the Agenda for the Formal Session. Ail right. The second Ordinance we are going to defer that for two weeks. Would you do the Consent Agenda? VICE MAYORMANDiGO: MAYOR OBERNDORF: I would be honored to do so, Madam Mayor. Thank you. VICE MAYOR MA1TDIGO: We will start the Consent Agenda. These are items that we discussed in our Informal and to the extent that we agreed on these. These were passed with one vote. They will on be on that vote. There will be no annotations for the different items as apply. The first item on the Consent Agenda under Ordinances is Item 2. Ordinance to amend various sections of the City Code regarding the administration and collection of local telecommunication service taxes will be deferred for two weeks. MAYOR OBERNDORF: Okay. There is a motion. second? Is there a COUNCILMAN REEVE: Second. ~YOR OBERNDORF: There is a motion to adopt the Consent Agenda by Mr. Mandigo seconded by Mr. Reeve. August 13, 2002 INFORMAL SESSION VICE MAYOR M~NDIGO: This is the Ordinance to amend several sections of the City Code to more clearly define the collection and requirements of the telecommunication service taxes. COUNCIL LADY McCLANAN: I have some questions about that. MAYO OBERNDORF: Okay. COUNCIL LADY.McCLANAN: And I don't -- I think it's important we're doing it, because it's a lot of money and I guess I just need some more information. I have some question about letting just one of these offices audit itself, which is what it says and a few other things about how it came to be. Is it possible to get a report of where this came from and why it's here?' CITY ~AGER: You bet. We've been speaking to the Commissioner about that. He is out of town today. He said if there were any questions he would like to have it deferred so he could be here and talk about that. We can get you some additional background in two weeks, before we come back. COUNCIL LADY McCLANAN: I think it's a very important area. Certainly it's not that -- I think that getting a better handle on this -- because there's very little control at any level today with anything to do with this industry, I would feel a little better if we could have a little more information. VICE MAYOR b~NDIGO: Defer that for two weeks? CITY MANAGER: Two weeks, uh-huh. 2 Virginia Beach City Council August 13, 2002 3:30 p.m. CITY COUNCIL: Meyera E. Oberndorf, Mayor Robert C. Mandigo, Vice Mayor Margaret L. Eure Louis R. Jones Reba S. McClanan Richard A. Maddox Jim Reeve Peter W. Schmidt Ron A. Villanueva Rosemary Wilson James L. Wood At-Large District 2 - Kempsville District 1 - Centerville District 4 - Bayside District 3 - Rose Hall District 6 - Beach District 7 - Princess Anne At-Large At-Large At-Large District 5 - Lynnhaven CITY MANAGER: CITY ATTORNEY: CITY CLERK: STENOGRAPHIC REPORTER: James K. Spore Leslie L. Lilley Ruth Hodges Smith, MMC Dawne Franklin Meads VERBATIM Ordinance to Amend the City Code regarding the administration and collection of the local telecommunication service taxes CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager An Ordinance to Amend the City Code Pertaining to the Administration and Collection of Local Telecommunication Service Taxes. MEETING DATE: Septemter 3z 2002 Background: The City of Virginia Beach levies a tax on persons pumhasing local telecommunication service. The City Code, at Article Xlll of Chapter 35, outlines how this tax is to be administered, but does not specify any duties or responsibilities of the Commissioner of the Revenue. The attached ordinance, if adopted, will establish administrative procedures that are similar to ones already established for other local taxes, and will clearly set forth the duties and responsibilities for administering these taxes. This matter was deferred August 13, 2002. Considerations: Currently, telecommunication tax payments for land based service go to the Commissioner of the Revenue, while tax payments for mobile service go to the Treasurer. The proposed changes, if adopted, should simplify and improve the process by which telecommunication taxes are assessed and collected. Tax payments for both types of service would go to the Commission of the Revenue, as all other trustee tax payments do. The proposed changes amend three sections and add a new section to the City Code. Section 35-253 is amended to update the definitions applicable to the telecommunication tax ordinance. Section 35-258 is amended to (i) establish a penalty for filing late reports of taxes collected; and (ii) change the existing penalty for failing to remit taxes so that it is consistent with the Code of Virginia. Section 35-260 is amended to specifically set forth the duties and responsibilities of the Commissioner of the Revenue and the Treasurer in administering this tax, and finally, § 35-258.1 is added to establish a procedure for addressing situations in which the service provider fails to make reports or remit taxes. Recommendations: Approval Attach ments: Ordinance Recommended Action: Approval Submitting Department/A~lenc~: City Attorney, City Manag~~,j~ )~_. ,~~ F:[Dat~ATY~Ordin\NONC~DE\telecom munications tax .arf.wpd 1 2 3 4 5 6 7 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE ADMINISTRATION AND COLLECTION OF LOCAL TELECOMMUNICATION SERVICE TAXES SECTIONS AMENDED: 35-253, 35-254, 35-258, 35-259, 35-260 and 35-263 SECTION ADDED: 35-258.1 8 9 10 11 12 13 14 15 16 17 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 35-253, 35-254, 35-258, 35-259, 35-260, and 35- 263 of the Code of the City of Virginia Beach, Virginia are hereby amended and reordained, and a new Section 35-258.1 is hereby added, to read as follows: Sec. 35-253. Definitions. Except where the context clearly indicates a different meaning, the following in this article definitions of words and phrases related to telecommunication or enhanced 911 service shall 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 be provided by the provisions of Sections 58.1-3812(J) and 58.1- 3813.1(A) of the Code of Virqinia., w:l=~ =o=~ in ~his article, have the same meaning = to it ir, ..... however, that, for purposes of = 'o ............ ~.= ~,, =~y o~ be subst~=~ ........ for the corporation" it is =o=~ in section ~-~ ~ ~703 D I0 F~ad debts means any w~-=-~ ~ a ,.~=~- ======= to a sale o.f local t=leco~u~icatio~ o=z v m~=o, charges ........ :--1- grOSS =~= wl~,.li arc. not otherwise -'-~ .... 2,_._ or =~=u~=~-==, =~== has become ...... ~-'--- standards, if .... =,,= portion of the~=~ ............ ===,~=~ to be is subsequently paid, theo==~i~= provi er o~=~= ==Hu== =,,u ay. =~,= the report ng p==~u~ ~ w~=~ the 34 payment is made. 35 36 37 38 39 4O 41 42 43 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 Consumer means a person ..... :--':--:-'--- 'fy ~ ......... w~, ~.v.~u~=~ or ~ll~ agents, employees, officers, representatives, or permittees, makes a EnhanceJ services means serv.ices =~== employ compute~ processing =FF==~===ons to act ~ the =~ ...... or ......... ~ similar aspects of t~he information transmitted; provide=u====~=l, different, or restructured information, or involve interaction stored information. means a tole one service computez=~=u system to ==tu.,~==~=~=3 route emergency placed .......... the safety answering point serving ~he jur~ction from ......... "-- o=I= =' ' -- -c~ive routing of iden=ificatzon, =~ automatic location=~=..==== = ....... cation performed ~-- Gross charges means, o~uect to ~= =~usions o=t forth the amoun= cha=~=u ............ or p=-u for ............ =,~= ==~=w~= purchase of local telecor:~,unication services, llowever, "gross charges" s~hall not ~==~= the fol I. Charges or amounts p=~u ...... that vary based on =~= u~stance ~,~lw~/ ~J.,. =-L=~O~ ~-=UO.L-~OO-L~:~ time of the coKJ:runicatioD separately .......... the ]--2 .... are o~=u ~ consumer's ~ ~ 2 Charges or amounts p=~u for customer equipment, such equipment .... ~-~,=~- .,-~-' ........ ~==~=~ or rented by the customer any source, if such -~ .......... amounts ---:-~ are separate ~u=~==~=~= from other amounts~.,,~_-~--~=d or paid for the provision services w~l the service provider's ~,.o ~ re~u=u~, 66 67 68 69 70 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 9O 91 92 93 94 95 96 3. Charges or amounts ..... w==~ for a~ministr===v= services, 4. Charges or amoun=s ~=i~ for .-oF=~l=l ....... features ..... ~== === not ~dect to taxation .... '--- o~w~lvii ~Ji ~ll~ tax ~J3 Charges Or amoun=s ~l~ ul~u are %i/ sec=ion 4251 of the Internal Revenue =~u~, ~ Local telecommunication o=zvi~=, sub]eot to =~-- exclusions set the two way loca~ transmission vf messages =~=l~=vu~ ......... use of o~l-'-~=-=-~=~l=~ i ~=l=Fuw~ services; telegraph services; teletypewriter; lu~=~ ~=l~l==.,vw~l,, telecoJJ~unica=lu~ ..... : -- - specialized stationary two way~=~lw,~: or any w~=~ ,,,...,u.--,i ==l=~zw~= o=zvi~=, su eot to the exclusions set ......... to====~=l ........ taxation as loca] ' ..... ~- :--~ ...... a~y service M~il=i~=l u==ecommunication o==v~.~= means any two way local teleco~unication service who .... l~o made taxable purchase ofo~.,,-'- service taxable purchase of such service 3 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 service provider means every person =~,~a~d L~, ~= agency --~: ...... -' ......... ity ' emergency o==~L~=o, ~= a priv-t== ent ......~L~ provides such services on a voluntary basis. =u~L=~ safeti answering point means a coJ~,unications operated on a twenty four-hour basis ~-~ first receives E 911 ~=--s from persons=u: - an E 911 service area =~u w~ may, appropriate, ~L==~3 ~=op=~ p~=~= safety services or extend, transfer, or ====~ ~-~= calls =~ appropriate p~LL~ safetp not .......... any of ....... LU~L telecon-~fLunication service . Service address means thezu~==z~.~ ........ of the telecor~unication equioment from ........ ~L~ =~.= telecoJ~aunication is OrL~L~=== ~--- at the telecoK~unication Lo received ................ u3 ~ consumer. service addressLo:- not a ~==Lu~.= location, =.- in the case of telephones, maritime systems, air-to ground systems =~u the primary use of the telecoJ~,unication equipment '--'._,_=..L~ the licensed service area · provider may obtain a oLu,,=~ statement from a consumer L.~L~o~ w~.. ~u~l~=3, ~.L=3 or ~own Wi~llLli ~il= licensed service asea lo =~-- =il= '- ~ L~==L~ of =1__ consumer primary use of the telecor~unication equipment A ..... le ..... v~-- ' - ...... ly provider o~L be entit ................... ~ .................. o=~.~=~ ota~emen= and shall semi= ~he taxes collected to .... ~= county, city or town2_%./=ll~_h~..ked ~3 ................... =~= ~u~o~,==. in the absence of a signed statement ....... ~y a consumer, a mobile service provider the county, city or town~=-= the consumer's primary use and shaTM ................ ty ity the to~ ~0 ou~ court , c or town 4 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 ll~=uo=~ service area. ) Service provider means every person business of telecoff~-Lunioa=ioh o==v~,_.=~ to consumers. .... ' ' ' - teleco~,unication ......... acquisition uf ~== purchase means ~= . - = .... =~ - -~--- not services for consumption or use, however, ==~=u~= purchase =u=o , telecos~aun=~=t~ons among members of an iil~= u~= ~i} .... p~OViS iOil of - en=~t' b3 a me~er of .... group for ....... own ...... ' ............ Of excl~sive use ~u ..... ' - in ~,,= subsequen~ provision ~ telecor~,unications for ==~=== telecor~aunzcatzons, ziiwi~lUlil~j, wJ-=liwu= l~*~===mW~, carzzer acceoo ........ of charges, company facilities; however, .... acquisition of ====con-~aunzca=ions by * provider of services io riot =,l= purchao= telecorf~unica=ions ~u= teleco,m~,unications = ............................ of the ~,l,l~ll~=u ~=rvzces, ~o long as the primary - ~j=~ of ~**= purchase of enhanced services and not telecosJ, unications. A person may make, ..... telecos~,unzca=io~o for ==o=I= ~ .... ~erson ........ of ' ~' ......... ~= ~l~= -- tax-free p~=wil=o=o provides to the service provider a sw~zn ===~=~== =.==~==ing =ha, .............. 1--7-- __--7---- r---- resale. the person's purchase~ ~= ,l~,,=~= ~=~=~ ~ COMMENT Many of the existing definitions in this section are not actually used in this article. This amendment shortens the City Code and states the location of the definitions for any special terms used in this article. 156 Sec. 35-254. Imposed. 157 158 159 160 161 (b) Pursuant to section 58.1-3812 of the Code of Virginia, as amended, there is hereby imposed and levied on every taxable purchase by a consumer of mobile local telecommunication service, when such consumer's service address is located in the city, a tax 5 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 at a rate equal to ten (10) percent of the monthly gross charge to the consumer of such service; provided, however, that this tax shall not be applicable to any amount so charged in excess of thirty dollars ($30.00) per month for each mobile service consumer. ?ursuant to section ~u.~-~8~.S. of ......... ~= ~v~= of Vizgzn~a, as amended, .... imposed certified ....... = - ' - ...... ~ ..... ~,~ =u ~,~= registesed agent of the servzce p=u~==~ that ' - ....... ~ .................. tax (d} Pursuant to section 58.1-3813.1 of the Code of Virginia, as amended, ~_in addition to the taxes imposed by subsections (a), (b) and (c) of this section, there is hereby imposed and levied on every consumer of local telephone service or services provided by any corporation subject to the provisions of Title 58.1, Chapter 26 (section 58.1-2600 et seq.) of the Code of Virginia), pursuant to section ~ ~ ~ - ' ' ~.- ~13 of the ...... Vi ~v~= ~ rgzn~a, as amended, a tax in the amount of one dollar and ninety-five cents ($1.95) per month. The tax imposed by this subsection (d) shall not apply to any local telephone service where a periodic bill is not rendered. COMMENT These amendments track the language of the State Code section that authorizes a local tax on E-911 service. 185 186 187 188 Sec. 35-258. Duty of service provider to collect, report and remit; penalty and interest. (a) Before engaging in business in the city, every service provider shall re~ister with the commissioner of the revenue and 189 190 provide, on a form prescribed bv the commissioner of the revenue, sufficient information about the service provider and its manner of 191 192 193 194 doing business to ensure that the taxes imposed and levied by this article will be properly assessed. (~h) It shall be the duty of every service provider, in acting as the tax collection medium or agency for the city, to collect 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 from each consumer, for the use of the city, the taxes imposed and levied by this article at the time of collecting the purchase price charged for the service. The taxes so collected during each calendar month shall be reported and remitted by each service provider to the city treasurer commissioner of the revenue on or before the fifteenth day of the second calendar month thereafter. All remittances of taxes received by the commissioner of the revenue shall be delivered to the treasurer by the end of the next business day followinq; provided, however, that all cash payments must be made to the city treasurer. The required report shall be in such form as may be prescribed by the city treasurer commissioner of the revenue. (~_c) Failure to report or remit the taxes so collected to the city treasurer commissioner of the revenue on or before the due date set forth in subsection ~ (b) of this section shall result in' a penalty of ten (10) percent of the amount due or ten dollars ($10.00), whichever is ~ greater, which shall be added to the amount due; provided, however, that the penalty shall not exceed the amount due. In addition, interest at the rate of ten 10) percent annually from the first day following the last day the taxes are due to be remitted may be added to the overdue principal and penalty, and collected from the delinquent service provider. COMMENT The first proposed change, ~ subsection (~, requires service providers to register with the Commissioner of the Revenue. The second proposed change, ~ subsection ~), g~es the Commissioner of the Revenue the responsibiHW of determining the in~rmation required on the tax repo~s required by this se~ion. The last changes, at subsection (c), provide that (1) tax reports and payme~s go to the Commissioner of the Revenue, who will ~rward the tax p~ments to the Treasurer, and (2) the penalW pro.sion Ar ~iling to remit taxes is amended to track current state law. Sec. 35-258.1. Procedure upon failure to collect, report, etc. (a) It shall be the duty of the commissioner of the revenue to ascertain the name of every service provider liable for the collection of the tax imposed and levied by this article, as well as the name of every service provider that fails, refuses or neglects to collect such tax or to make, within the time provided 7 230 231 232 233 by this article, the reports and remittances required by thi:~ article. (b) ..,If any service provider, whose duty it is so to do, shall fail, refuse or neqlect to collect the tax imposed and levied under 234 235 236 this article or to make, within the time provided in this article, the reports and remittances required by this article, th~-~ commissioner of the revenue shall obtain the facts and informatioi-~ 237 necessary to make an estimate of the tax due. As soon as the 238 commissioner of the revenue has procured such facts anti 239 240 241 242 243 244 information, he shall proceed to determine and assess the tax imposed and levied by this article and shall notify such service provider, by certified mail, sent to its last known place or business, of the total amount of such tax, penalties and interest; at the same time, a copy of this notice shall be provided to thc. city treasurer. The total amount of this assessment shall be 245 246 247 248 249 payable within ten (10) days from the date of such notice. COMMENT This new section establishes a process for situations in which a service provider fails to collect or report taxes. If no report of taxes is filed, the Commissioner of the Revenue creates an estimate of the taxes due. 250 251 252 253 254 255 256 257 258 259 260 261 262 Sec. 35-259. Service provider's records. Each service provider shall keep complete records showing all purchases of local telecommunication service in the city, which records shall show the date of each bill, the price each consumer is charged with respect to each purchase, and the amount of taxes imposed by this article. Such records shall be made maintained for a period of ~ five (5) years and shall be made available for inspection by the commissioner of the revenue or his duly authorized agents of the citk at reasonable times during normal business hours. The commissionez of the revenue or his duly authorized agents of the city shall have the authority to make such transcripts thereof during such times as they may deem necessary and appropriate. 263 264 265 266 267 268 269 270 271 COMMENT The amendments to this section are for housekeeping purposes only. Sec. 35-260. Duties of commissioner of the revenue and city treasurer. (a).. The commissioner of the revenue or his duly authorized aqents shall be charqed with auditin~ the reports required by this article, ensurinc that service providers are reqistered to collect the tax imposed and levied by this article, receivinc from service providers the taxes described in this article and promptly 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 transmittinc them to the city treasurer, and respondinq to all inquiries that may be made by taxpavers or service providers. (b) The city treasurer shall be charged with the collection of the taxes imposed and levied by this article, after receivinq notice from the commissioner of the revenue as provided in section 35-258.1 (b)that such taxes are delinquent, and shall cause the same to be paid into the general treasury of the city. COMMENT The amendments to this section set forth the specific duties of the Commissioner of the Revenue and the Treasurer. Sec. 35-263. Compensation for collection of E-911 tax. Pursuant to section 58.1-3813.1_~ of the Code of Virginia, as amended, whenever the tax imposed by section 35-254(d) of this article is collected by the service provider acting as the tax collection medium or agency for the city, such service provider shall be allowed as compensation for the collection and remittance of the tax three (3) percent of the amount of tax due and accounted for. The service provider shall deduct this compensation from the payments made reported and remitted to the city treasurer commissioner of the revenue in accordance with section 35- 258~-~ (b) . COMMENT The amendments to this section are for housekeeping purposes only. 9 296 297 298 299 300 301 302 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2002. CA-7530 ODIN/PROPOSED/35-258etalord.wpd R-21 July 3, 2002 APPROVED AS TO~ONT~TS: C' v is~on;~;f the R~ evenue APPROVED AS TO LEGAL SUFFICIENCY: 10 CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager An Ordinance to Amend Section 21-207 of the City Code Pertaining to Liquidated Damages for Violation of Permitted Weight Limits MEETING DATE: September 3, 2002 Background: The City of Virginia Beach assesses damages for any vehicle that exceeds the maximum weight limits authorized by Chapter 21 of the City Code. City Code § 21-207 breakdowns the required liquidated damages based on the number of pounds the vehicle exceeds the permitted maximum weight. Considerations: Virginia Code § 46.2-1138.1 allows the City to "provide for the assessment of liquidated damages as to overweight vehicles at rates and amounts not exceeding those applicable to the liquidated damages under § 46.2-1135." Virginia Code § 46.2-1135 provides for liquidated damages based on four different categories of excess weight. The City Code only provides for liquidated damages based on three different weight categories of excess weight, and currently does not include provisions for those vehicles exceeding their maximum allowable weight by 12,001 pounds. By providing for this fourth weight category, the City increases the damages it can collect for overweight vehicles. Public Information: This ordinance will be advertised in the same manner other Council agenda items are advertised. Recommendations: Amend Ordinance Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Polic City Manager~ ~¢ .~F~LVz93_ ,.F:\Data~ATY~Ordin\NONCODE~21-207arf .wpd i 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 3O 31 32 33 34 35 36 37 38 39 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO LIQUIDATED DAMAGES FOR VIOLATION OF PERMITTED WEIGHT LIMITS SECTION AMENDED: § 21-207 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-207 of the City Code is hereby amended and reordained to read as follows: Sec. 21-207. Liquidated c~ages for violation of weight limits; storage, disposition, etc., of vehicle and cargo involved in weight violation. (a) Any person violating any weigh~ limit as provided by this chapter or in any permit issued either by the Virginia Department of Transportation or by the city manager pursuant to this Code shall be assessed liquidated damages. The amount of those damages shall be: Excess weight over the prescribed or permitted axle weight limits 4,000 pounds or less 4,001 to 8,000 pounds 8,001 to 12,000 pounds 12,001 pounds or more Assessed Excess weight over Assessed amount per the prescribed gross amount per pound weight limit pound $0.01 4,000 pounds or less $0.01 $0.10 4,001 to 8,000 pounds $0.05 $0.20 8,001 to 12,000 pounds $0.10 $0.30 12,001 pounds or more $0.15 Ail gross permit violations shall be assessed twenty cents ($0.20) per pound over the permitted weight limit. If a person has no prior violations under the motor vehicle weight laws, and the excess weight does not exceed two thousand five hundred (2,500) pounds, the general district court may waive the liquidated damages against such person. Such assessment shall be entered by the court or by the department as a judgment for the city, the entry of which shall constitute a lien upon the overweight vehicle. Such sums shall be paid to the court or collected by the city attorney and forwarded to the city treasurer and allocated to the fund appropriated for the construction and maintenance of city highways. (b) If the gross weight of the vehicle exceeds lawful limits by at least twenty-five {25) percent but not more than fifty (50) 40 41 42 4B 44 4S 46 47 48 49 ~0 ~2 5B 54 ~5 percent, the amount of the liquidated damages shall be two (2) times the amount provided for in subsection (a) above; if the gross weight of the vehicle exceeds lawful limits by more than fifty (50) percent, the amount of the liquidated damages shall be three (3) times ~he amount provided for in subsection (a) above. The provisions of subsection (b) shall not apply to pickup or panel trucks. (c) The charge hereinabove specified shall be in addition to any other liability which may be legally fixed against such owner or operator of the vehicle in question for damage to a highway or bridge attributable to such weight violation. COMMENT Adds a fourth weight category for vehicles that exceed their maximum permitted weight by 12,001 pounds or more and requires $0.30/pound damages when excess weight is based on maximum permitted axle weight and $0.15/pound when excess weight is based on the maximum permitted gross weight of the vehicle. 56 57 58 59 60 61 62 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2002. CA-8578 DATA/ORDIN/PROPOSED/21-207ord.wpd R2 August 5, 2002 APPROVED AS TO CONT.: Pol~/ne~ar tmen~/~ APPROVED AS TO LEGAL Department of Law 2 CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Ordinance to Amend the Virginia Beach City Code Pertaining to Fire Marshal, Deputies and Assistants. MEETING DATE: September 3, 2002 Background: Code of Virginia § 27-30 allows the City to appoint a Fire Marshal/Fire Official to perform all identified duties related to the enforcement of the Statewide Fire Prevention Code. City Code §12-25(a) states, "the chief of fire protection shall be the Fire Marshal." Sections 27- 34.2 and 27-34.2.1 require the Fire Marshal/Fire Official to be certified according to requirements established and approved by the Virginia Fire Services Board and the Department of Fire Programs in cooperation with the Department of Criminal Justices Services. Because the duties of the designated Fire Marshal/Fire Official are focused upon a demanding but limited area of responsibility within the Fire Department, and because the ongoing training and certification requirements are constant, a designated subordinate, appointed by the Chief of the Fire Department, carries out the actual duties. Considerations: Designating the Chief of Fire Protection, or his designee, as the Fire Marshal will fully conform the City Code to State law. Recommendations: Amend Ordinance Public Information: This Ordinance will be advertised in the same manner other Council agenda items will be advertised. Attachments: Ordinance Recommended Action: Approval City Manager~~.~Submitting DepartmentJ~ency:l/_..~l~'~Fire Department/Chief Gregory Cade ~-~ UF:\Data~ATY~Ordin\NONCODE\Fire M arshall.arf.wpd 1 2 3 4 AN ORDINANCE TO AMEND AND REORDAIN THE VIRGINIA BEACH CITY CODE PERTAINING TO FIRE MARSHAL, DEPUTIES AND ASSISTANTS SECTION AMENDED: ~ 12-25(a) 7 8 9 10 11 12 13 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 12-25(a) of the City Code is hereby amended and reordained to read as follows: Sec. 12-25. Fire marshal, deputies and assistants. (a) The chief of fire protection or his desiqnee shall be the fire marshal. COMMENT A~wstheChief~fFirePr~tecti~nt~designateaqua~i~ed~re~ghtert~betheFireMarsha~fFire~cia~ 16 17 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. 18 19 20 21 22 CA-8585 ORDINkNONCODEksec. 12-25(a).ord August 2, 2002 Ri APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~/ Cmty Attorney's ~ffzce CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM' The Honorable Mayor and Members of Council James K. Spore, City Manager Ordinance to Extend Option to Purchase the Rudee Loop Property MEETING DATE: September 3, 2002 Background: In December 1997, the City of Virginia Beach entered into an Option and Agreement with Robert Herman Properties, L.L.C., Herman, Inc., and Robert Herman to purchase certain property located at Rudee Loop comprised of 2.73 acres. In September of 1999, the City Council approved an amendment to the original option agreement and extended the option to purchase the property until September 30, 2002. Adjacent privately owned parcels could be assembled providing a prime development site of up to 10.17 acres, which would include approximately 4 acres of City right of way and 1.07 acres of VDOT property. Various studies indicate that additional lodging will be needed at the oceanfront, especially with the completion of the Convention Center Replacement Project. The current deadline to purchase the Herman Property under the first amendment will expire on September 30, 2002. Considerations: Executing a second amendment extending City's option to purchase the Herman Property will allow the City a greater opportunity to devise a master plan for the best use of the land as well as allow time to generate significant developer interest. Delaying the purchase of the property will allow the current business located on the site to remain open and on the City's tax rolls. Sufficient funding exists within the CIP project to extend the option. Public Information: Public information will be handled through the normal Council Agenda notification process. Alternatives: Should the City not extend or exercise its Option, the property could be sold off separately, resulting in less than desirable projects, not consistent with the City's vision for the resort area. In addition, the City will forfeit its $1,005,150 paid in option fees to date. Another alternative would be to exercise the option to purchase the property before September 30, 2002. Since the City does not currently have an agreement with a private developer, this alternative is not recommended at this time. Recommendations: Approve ordinance authorizing the City Manager or his designee to extend the option. Attachments: Ordinance Recommended Action: Approval of attached Ordinance ~ Submitting Department/Agqncy: Ec_..onomic Developmen~.~'i;~~ City Manag~ 1~._ ~~)"~ - "'~ 1 2 3 4 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO AMEND AND FURTHER EXTEND AN OPTION TO PURCHASE REAL PROPERTY LOCATED AT RUDEE LOOP 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, Rudee Loop has been identified as a prime location for a real estate development at the Oceanfront, and the development of Rudee Loop would complement the Pavilion expansion and is consistent with the Oceanfront Resort Concept Plan; WHEREAS, on December 16, 1997, the City Council (a) authorized the City Manager to execute an option agreement (the "Herman Option") between the City of Virginia Beach and Robert Herman Properties, L.L.C., Herman, Inc., and Robert Herman (collectively "Herman") granting the City the option to purchase a 2.73 acre site located at Rudee Loop (the "Herman Property") on or before September 30, 1998, with the right to extend the Herman Option until September 30, 1999, and established Capital Project #9-302, Rudee Loop Development - Phase I (Partial), to fund the purchase of the Herman Option and the extension of the Herman Option; WHEREAS, on September 28, 1999, the City Council authorized the City Manager to further extend the Herman Option until September 30, 2000, with the right to extend the Herman Option for two additional one year periods until September 30, 2002; WHEREAS, the City Council has determined it to be in the best interests of the City to further extend the Herman Option; WHEREAS, the extension of the Herman Option requires a one-time extension fee of $20,000 and an extension fee of $200,000 for extending the option through Septernber 30, 2003, with the right to extend the Hennan Option for an additional twelve months for an additional extension fee of $200,000; and WHEREAS, sufficient funds are available in Capital Project #9-302, Rudee Loop Development - Phase I (Partial) to pay the amounts required to extend the Option. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Manager or his designee is hereby authorized to enter into a second amendment to option agreement with Robert Hen-nan Properties, L.L.C., Herman, Inc., and Robert 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Herman for the purchase of approximately 2.73 acres of property at Rudee Loop, with such agreement to be in fon~n and substance satisfactory to the City Manager and the City Attorney, including the essential terms outlined in the Sulnmary of Basic Terms of Second Amendment to Option and Agreement attached hereto. 2. The City Manager is further authorized tO extend the Herman Option described in the preceding paragraph from September 30, 2002, until September 30, 2004. Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ day of ,2002. CA-8567 F:'"Data~ATY\Ordin~NONCODE\ca8567.ord. wpd August 2, 2002 APPROVED AS TO CONTENT: Egonomic Development APPROVED AS TO LEGAL SUFFICIENCY: City Attorney SECOND AMENDMENT TO OPTION AND AGREEMENT HERMAN - RUDEE LOOP Purchase Price: $7,605,000 (as of 9/30/02) plus $30,000 per month or portion thereof (4.8% annually) from 10/02 through month in. which closing occurs. [Note: Original purchase price $6,174,200 plus $16,800/month (3.3% annually) thru 9/30/99; 1st amendment purchase price $6,500,000 plus $26,000/month (4.8% annually) thru 9/30/02] [Note 2:$169,000 of increase in purchase price equals parking lot improvement estimate] Extension Periods and Fees: 10/01/02 through 09/30/03 10/01/03 through 09/30/04 $200,000 $200,000 Extension Fees payable on or before 10/1 of each Extension Period and shall apply to Purchase Price. One-time Extension Fee: $20,000 payable on or before 10/01/02 which will not apply to Purchase Price. Parking Lot Improvement: Increase of $169,000 in Purchase Price representing required improvements to parking lot paid by City at time of execution of Second Amendment. If City does not exercise Option, that portion of purchase price is to be repaid to City. Deed Restrictions: Deed restrictions that City required removed waived by City; City to accept property with restrictions. Owners covenant to defend appeal of Virginia Beach Circuit Court decision removing restrictions through final disposition (including appeal through Virginia Supreme Court and any remand thereof) New Timing for Settlement: Option may be exercised at any time by giving Owners notice, with settlement to occur within 60 days; provided if settlement occurs during the period from 3/1 through 10/31 of any year ("Restaurant Operating Period"), Owners can continue to operate restaurant and parking lots until the end of that Restaurant Operating Period, without rent. If settlement is scheduled for months of November or December, Owners can require settlement to be extended until 2/1 of the following year but no increase in Purchase Price shall occur for the month of January (Same as 1 ~t Amendment). (Note new timing requirement on settlement) if option notice is given between 11/30 and 2/28 of any season, City can either: reimburse Owners carrying extra expenses for business during the "slow" period and for prepaid for extra carrying costs for the coming summer season; or defer closing until after 10/31 of the next year; or close within 60 days and permit Owners, without payment of rent, to operate Restaurant and parking lots and to remove anything Owners desire to remove as permitted under the Option and Agreement until the end of the Restaurant Operating Period, 10/31. CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Encroachment Request - Construct and maintain a storage building Applicant - Olympia Bendix, LLC MEETING DATE: September 3, 2002 Background: Olympia Bendix, LLC requests to construct and maintain a storage building located on the west side of Bendix Road, adjacent to 1-264, approximately 280' south of Bonney Road. Considerations: City staff has reviewed the request for the storage building to encroach into a 70' drainage easement. This encroachment is consistent with the plans submitted to DSC and there will be no affect on the drainage in this area. Staff has recommended approval of same. Public Information: Advertisement of City Council. Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. Recommendations: Approve the request subject to the terms and conditions of the agreement. Attachments: Ordinance, Location Map, Agreement, Plat, and Pictures Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works ~,~ ~ City Manager~.~ ~__, ~~"'Z. 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 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF A CITY MAINTENANCE EASEMENT AT 295 BENDIX ROAD BY OLYMPIA BENDIX, LLC, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Olympia Bendix, LLC, desire to construct and maintain a storage building into the City's maintenance easement located at 295 Bendix Road. WHEREAS, City Council is authorized pursuant to ~ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachments upon the City's maintenance easement subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in ~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended Olympia Bendix, LLC, assigns and successors in title are authorized to construct and maintain a temporary encroachment for a storage building, in the City's maintenance easement as shown on the map entitled: "ENCROACHMENT EXHIBIT FOR CONVERGENCE CENTER BUILDING 'B' JUNE 11, 2002," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Olympia Bendix, LLC, (the "Agreement") which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. 33 34 35 36 37 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Olympia Bendix, LLC and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. 38 39 40 41 42 43 44 45 46 47 48 CA-# gsalmons/olympia/ord. R-! PREPARED: 07.18.02 OVED AS TO CONTENTS DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND/~RM CITY ATTORNEY SC~.E r-3zoo' LOCATION M~V~ © LOCATION MAP SHOWING ENCROACHMENT REQUESTED OLYMPIA BENDIX, LLC INTO BY CITY DRAINAGE EASEMENT 295 BENDIX ROAD SCALE: 1" : 300' PREPARED BY P.W. ENG. DRAFT. 7-22-02 PREPARED BY VIRGINIA BEACH CITY A'ITORNEY'S OFFICE THIS AGREEMENT, made this day of ,2002, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and OLYMPIA BENDIX, LLC, ITS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "PARCEL 1" as shown on that certain plat entitled, "RESUBDIVISION OF PROPERTY OF OLYMPIA BENDIX LLC (D.B. 4163, P. 732)(D.B. 4229, P. 564) VIRGINIA BEACH, VIRGINIA (M.B. 285, P. 65) SCALE: 1" -- 100' MARCH 31, 2000 ROUSE - SIRINE ASSOCIATES, LTD. SURVEYORS AND MAPPING CONSULTANTS 333 OFFICE SQUARE LANE VIRGINIA BEACH, VIRGINIA 23462 "as recorded in M.B. 287, at Page 70 in the Clerks Office of the Circuit Court of the City of Virginia Beach, and being further designated and described as 295 Bendix Road, Virginia Beach, Virginia 23452; That, WHEREAS, it is proposed bythe Grantee to construct and maintain a storage building, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the said Grantee encroach into a portion of an existing City drainage easement located adjacent to the north side of Interstate 264 and along the southern property line of Parcel 1, "The Encroachmem Area"; and WHEREAS, Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 1477-72-1058-0000 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid, to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT EXHIBIT FOR CONVERGENCE CENTER BUILDING 'B' JUNE 11, 2002," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized shall terminate upon notice by the City to the Grantee, and that within thirty (30) days at, er such notice is given, the Temporary Encroachment must be removed fi.om The Encroachment Area by the Grantee; and .that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, fi.om and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit fi.om the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. 3 It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sm of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Olympia Bendix, L.L.C. has caused this agreement to be executed by Cecil V. Cutchins, Manager of Olympia Bendix, L.L.C., a Virginia limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia has caused this agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: By: CITY OF VIRGINIA BEACH City Manager/Authorized Designee of the City Manager City Clerk OLYMPIA BENDIX, LLC Cecil V~:~tc~sJJ' f ~ 4 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrumem was acknowledged before me this day of ,2002, by , C1TY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrumem was acknowledged before me this VIRGINIA BEACH. day of ,2002, by RUTH HODGES SMITH, CMC, City Clerk for the CITY OF My Commission Expires: STATE OF ~/l~l~ l~ CITY/COUNTY OF ~ tl~ ~/~A Notary Public Sje'~ t4 , to-wit: The foregoing instrument was acknowledged before me this ~ 5//'/~ day of ,2002, by Cecil V. Cutchins, Manager on behalf of Olympia Bendix, LLC. My Commission Expires: ~/..51. ~ q' Notary Pnbljc APPROVED AS TO LEGAL SUFFI~,I~Y CITY ATTORNEY APPROVED AS TO CONTENT REAL ESTATE AGENT I ~- X Z W ~ Z n OLYMPIA BENDIX, LLC 295 BENDIX ROAD Back wall of storage building looking west Southeast corner of building Back wall of storage building looking east Back wall of storage building looking west CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Encroachment Request for Willi Fenske'at 500 Southside Road I~EETING DATE: September 3~ 2002 Background: Willi Fenske has requested permission to construct and maintain a boat lift, an existing floating pier, and to replace four existing mooring piles into Lake Wesley behind his property at 500 Southside Rd. The existing bulkhead and existing rip-rap are inside the boundaries of the applicant's property. There are other similar type improvements in the neighborhood. Considerations: Staff has reviewed this request and has no objections to this encroachment from an operational and maintenance standpoint. The Department of Public Works supports the utilization of "hardened slope stabilization" revetment methods including bulkheading, grouted rip-rap and rip-rap with filter cloth to minimize and prevent soil loss along bank slopes associated with open drainage ditch, canal, and lake systems. These methods are successful in areas with soil types classified as highly erodible, especially during major rainfall events which create high velocities and wave action along bank slopes due to high winds. Public Information: Advertisement of City Council Agenda. Alternatives: Approve the encroachment as requested, deny the encroachment, or add conditions as desired by Council. Recommendations: Staff recommends approval of this encroachment subject to the applicant complying with conditions set forth in the agreement. Authorize City Manager to sign agreement. Attachments: Ordinance Location Map Agreement with plat attached Photos request and authorize City Manage~to Recommended Action: Approve Public Works/Real Estate <~J~']~ Submitting Department/Agency: City Manager~~,~ ¢, ~~ sign agreement. 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 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S PROPERTY OF LAKE WESLEY BY WILLI FENSKE, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, WILLI FENSKE, desires to construct and maintain a boat lift, an existing floating pier, and to replace four (4) existing mooring piles into the City's property known as Lake Wesley. WHEREAS, City Council is authorized pursuant to §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachment upon the City's property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, WILLI FENSKE, his heirs, assigns and successors in title, is authorized to construct and maintain a temporary encroachment for a boat lift, an existing floating pier, and to replace four (4) existing mooring piles in the City's property known as Lake Wesley as shown on that certain plat entitled: "REAL ESTATE ENCROACHMENT SITE PLAN PIER, FLOAT, MOORING PILES AND BOAT LIFT FOR WILLI FENSKE LOT B-6, BLOCK B, REPLAT OF RUDEE HEIGHTS BEACH DISTRCT [sic] VIRGINIA BEACH, VA 23451 (M.B. 26 PG. 57) DATE: APRIL 8, 2002", a copy of which is on file in the Department of Public Works to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and WILLI FENSKE (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement. 37 38 39 40 41 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as WILLI FENSKE and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. 42 43 44 45 CA#- TKENN\ENCROACH\FENSKE.ORD R-1 PREPARED: 7/22/02 APPR~-V..,ED AS TO CONTENTS (/ SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND F(31:IM CITY AT'fORNEY PREPARED BY VIRGINIA BEACH CITY A'I-I'ORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811 (a)(3) AND 58.1-811 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this lb+~ '~"':~'J7~ - day of , 20 ~ , by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, the "city", Grantor, and WILLI FENSKE, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, the "Grantee" (even if more than one). W I T N E S S E T H: WHEREAS, the Grantee is the owner of that certain lot, tract or parcel of land designated and described as Lot B-6, Block B, as shown on the Replat of Rudee Heights, M.B. 26, PG. 57, and being further designated and described as 500 Southside Road, Virginia Beach, VA 23451; and WHEREAS, it is proposed by the Grantee to construct and maintain a boat lift, an existing floating pier, and to replace 4 existing mooring piles, a "Temporary Encroachment" in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Wesley, the "Encroachment Area", and the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee, and for GPIN: 2427-20-0173 the further consideration of One Dollar ($1.00) in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining a Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to- wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "REAL ESTATE ENCROACHMENT SITE PLAN PIER, FLOAT, MOORING PILES AND BOAT LIFT FOR WILLI FENSKE LOT B-6, BLOCK B, REPLAT OF RUDEE HEIGHTS BEACH DISTRCT [sic] VIRGINIA BEACH, VA 23451 (M.B. 26 PG. 57) DATE: APRIL 8, 2002", a copy of which is attached hereto as Exhibit "A" to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized shall terminate upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given the Temporary Encroachment must be removed from the Encroachment Area by the Grantee, and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall 2 be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a waterfront construction permit from the Development Services Center of the Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain an approved Joint Permit Application from Waterfront Operations of the Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability insurance, or such insurance as is deemed necessary by the city, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than~$500,000.00, combined single 3 limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. It is further expressly understood and agreed that the Grantee must submit, for review and approval, a survey of the Encroachment Area certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment and, pending such removal, the City may charge the Grantee for the use of the Encroachment Area the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and, if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, WILLI FENSKE, the said Grantee has caused this Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk APPROVED AS TO LEGAL SUFFICIENCY SEAL) 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , City Manager/Authorized Designee of the City Manager, on behalf of the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public STATE OF ~/J~%/¥~ CITY/COUNTY OF /~,¥~ , to-wit: this The foregoing instrument was acknowledged before me day of ~ , 20 ~ ~ , WILLI FENSKE. My Commission Expires: Notary Public by 6 FLOoD**... EXIST. BOAT LAKE WESLEY REPLACE 4, EX. PILES EMP: EXISTING MOO~ING PILES E~P E~P · S 13~'20'4"/' W 19.33' · EMP EX. FLOAT AND PIIrS PIER, FLOAT, PILES AND PROPOSED LIFT ARE LOCTAED ON CITY PROPERTY: 2427-20-7891 PROPOSED REPLACEMENT M~NG PILES; TO BE CLASS B PILES WITH 50X OF PILE LENGTH BELOW HUDMNF- PROPOSED BOAT UFT EXISTING RIPRAP F..XISTING FLOA'I1NG PIER AND PILES LOT B-7 N/F R. DOUMAR 2427-20-1201 GPIN: 2427-20-0173-0000 WATERFRONT CONSULTING, INC 1112 JENSEN DRIVE, STE. 206 VIRGINIA BEACH, VA 23451 PHONE: (75.7) 425-8244 FAX: (757) 425-8244 WOOD DECK MLW 0.00 AND MHW 2.8' AT FACE OF EXISTING BULKHEADS. 1-STY-STUCCO ~¢ 500 (',so..) IPF LOT B-5 N/F L. YATES 24,27-10-9095 PLAN VIEW I! SCALE 1" = 4.0' REAL ESTATE ENCROACHMENT SITE PLAN PIER, FLOAT, MOORING PILES ANDBOAT UF'r ~ FOR WILD FENSKE LOT B-6, BLOCK 15, REPLAT.OF RUDEE HEIGHTS BEACH DISTRCT VIRGINIA BEACH, VA 23451 (M.B. 26 PG. 57) DATE: APRIL 8, 2002 LOCATION MAP SCALE : 1" = 1,600' 0 0 0 LAKE WESLEY 0 LOCATION MAP FOR ' ENCROACHMENrT WILLi FENSKE AT .~ 500 SOUTHSIDE ROAD SCALE: 1" -- 100'~ "'-' ! SOUTHSIDE. DGN M.J.S. 6,02 PREPARED BY PAN ENG. CADD DEPT. 20-JUN-2002 FENSKE SITE 500 SOUTHSIDE RD LOOKING NORTH CITY OF VIRGINIA BEACH AGENDA ITEM TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager An Ordinance to Approve an Amendment to Lease between City of Virginia Beach and Virginia Beach Little League, Inc. MEETING DATE: September 3, 2002 Background: On January 1, 2001 the City entered into a five year lease with Virginia Beach Little League Inc., (the "VBLL"), to lease a 13.06 acre parcel of the 24.6 acre Ocean Lakes Community Park for the purpose of operating a youth baseball league. Under Section 3 of the lease, the VBLL was authorized to install ballfield lighting poles and new lighting fixtures solely on the boys senior league ballfield (ballfield #4). This field is a 300' field. The Little League International organization recognized the VBLL for having the best Safety Plan in the Nation, and awarded the VBLL a MUSCO Sports lighting system to light a 200' Little League size field. The VBLL desires to use the lighting, but ballfield #-4 is too large for the system. The lease specifically states that lighting may be installed only on ballfield #4 and any deviations from the terms and conditions thereof must be approved by City Council. Accordingly, the lease must be amended to permit the installation of the lighting system on ballfield #3 which is a 200' field, and the amendment must be brought before City Council for approval. Considerations: The President of the VBLL and Department of Parks and Recreation staff met with the Board of Directors of the Ocean Lakes Community Association, Inc. on February 27, 2002 to present the change in the proposed installation of ballfield lighting. The Board has given its written approval for the VBLL to install ballfield lighting on ballfield #3 at the Ocean Lakes Community Park fields. The Department staff has no objection to the installation of the lighting on ballfield #3 in addition to the lighting to be installed on ballfield # 4. Public Information: All public information will be handled through the normal agenda process. Recommendations: Adopt the ordinance authorizing the City Manager to execute an amendment to the current lease with the Virginia Beach Little League to allow the installation of ballfield lighting on ballfield #3. Installation of lighting on ballfield #4 shall remain as set forth in the Lease. Attachments: Ordinance Amendment Letter of request from President of Virginia Beach Little League. Approval letter from Ocean Lakes Board of Directors. Virginia Beach Little League Complex Diagram Recommended Action: Approv n~p Submitting Department/A, genc~ Departme arks City Manager(~~ and Recreation 6 7 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE AN ORDINANCE TO APPROVE AN AMENDMENT TO THE LEASE BETWEEN THE CITY AND VIRGINIA BEACH LITTLE LEAGUE, INC. WHEREAS, the City of Virginia Beach ("City") is the owner of that certain parcel of land containing approxh'nately 24.6 acres, together with all improvements, located in Virginia Beach, Virginia and known as the Ocean Lakes Community Park ("Park Site"); WHEREAS, Virginia Beach Little League, Inc. ("VBLL") has been leasing a 13.06 acre portion of the Park Site for the purpose of operating a youth baseball league by lease dated January 1, 2001 (the "Lease"). WHEREAS, VBLL has received an award ora lighting system for a 200 foot baseball field and the current Lease allows the installation lighting only on Ballfield # 4 which is a 300 foot baseball field; WHEREAS, VBLL has obtained the written approval of the Ocean Lakes Community Association to install the lighting system on Ballfield # 3 which is a 200 foot field, and a copy of the written approval letter is attached hereto as Exhibit A; and WHEREAS, the City's Department of Parks and Recreation has determined that the installation of the lighting system on Ballfield # 3 will not be a detriment or constitute a hazard to the adjacent properties. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Amendment to the Lease between the City and Virginia Beach Little League, Inc. allowing the installation of lighting on Ballfield # 3 in Paragraph 3 of the Lease, is hereby approved, and the City Manager or his designee is hereby authorized to execute such Amendment in the form substantially attached hereto. Adopted by the Council of the City of Virginia Beach, Virginia, on the __ day of ,2002. CA-8568 O :x, WD, BZAX, vbllamd, ord.wpd R-I $/20/02 APPR D TO CONTENT: D -- ~-------~w--. APPROVED AS TO LEGAL SUFFIC~J..ENCY: ~ Department of Law /! 2 EXHIBIT A Susan Topping - Fw: Little League Lights From: To: Date: Subject: "Andrew Adler" <aadler6@cox.net> "Susan Topping" <STOPPING@vbgov.com> 6/28/2002 10:14 PM Fw: Little League Lights I just redeved this email from the Ocean Lakes Community AssodaUon, Inc. Let me know if this Is good enough to go forward with the request to put up ball field lighting on field #3. Thanks Andy Adler, President Virginia Beach Ut'de League ..... Original Message ..... From: <OCEANLAKESVB@aol.com> To: "Adler, Andrew L." <aadler@northropgrumman.com> Sent: Friday, June 28, 2002 4:20 PM Subject: Little League Lights :.~ ; Dear Mr. Adler, · Pursuant to our conversation of earlier this week, ! am writing to confirm · that the Ocean Lakes Board of Directors has approved the tnstallatlo~ o1' · Musco lighting equipment as ouUined in your letter dated .lanuary 29, 2002. · > Should you have any questions, please feel free to contact me. · Sincerely, > For the Board of Directors · Ocean Lakes Community Assodation, Inc. · Ida Draper · · Association Manager ~;~e~\1~nr`'~me~tq~/~n~q~tt~\~tnnnin~\~ea~%?~gettin~\Temn(.Gw~$~HTM 7/1/2002 FIRST AMENDMENT TO THE LEASE BETWEEN THE CITY OF VIRGINIA BEACH AND VIRGINIA BEACH LITTLE LEAGUE, INC. THIS FIRST AMENDMENT TO THE LEASE is made this __ day of , 2002, by and between the CITY OF VIRGINIA BEACH, Virginia, a municipal corporation of the Commonwealth of Virginia (the "City") and VIRGINIA BEACH LITTLE LEAGUE, INC., a non- profit Virginia corporation ("VBLL"), and amends thatLease dated January 1,2001, by and between the City and the VBLL for the use of a 13.06 acre portion of the Ocean Lakes Community Park located in the City of Virginia Beach. WITNESSETH: THAT FOR AND IN CONSDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto amend the Lease as follows: 1. The introduction to Paragraph 3 of the Lease shall be deleted and replaced with the following paragraph: "Lessor hereby authorizes Lessee and Lessee agrees to install on the Leased Premises six (6) new MUSCO seventy (70') foot, galvanized steel ballfield lighting poles and a total of fifty-four (54), fifteen hundred (1,500) watt lighting fixtures on the boys senior league ballfield (ballfield #4), and four (4) new MUSCO sixty (60') foot, galvanized steel poles and a total of twenty-six (26), fifteen hundred (1500) watt Metal Halide lighting fixtures on the minor ballfield (ballfield #3) subject to the following conditions:" 2. In all other respects the Lease shall remain in full force and effect. WITNESS the following signatures: CITY OF VIRGINIA BEACH ATTEST: By: City Manager/Authorized Designee Ruth Hodges Smith City Clerk VIRGINLA BEACH LITTLE LEAGUE, INC. By: President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2002, by , City Manager/Authorized City Manager of the City of Virginia Beach, Virginia, on its behalf. He/She is personally known to me. Notary Public My Commission expires STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2002, by Ruth Hodges Smith, City Clerk of the City of Virginia Beach, Virginia, on its behalf. She is personally known to me. Notary Public My Commission expires STATE OF VIRGINIA CITY OF , to-wit: The foregoing instrument , 2002, by League, Inc., on its behalf. was acknowledged before me this day of , President of Virginia Beach Little My Commission expires NotaryPublic 2 APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~("'~3Law' Department ~] '~AL AS TO CONTENT: Dept. of Pa~s & Recreation C:~Documents and SetXings'~stoppingkLocal Setfings',Temp\vbll.amd.wpd PRESIDENT Andrew Adler 1621 Poincare Bend Virginia Beach, VA 23454 (757) 721-6187 (Home) (757) 621-1356 (Mobile) (757) 498-5513 (Work) (757) 498-5670 (Fax) aadler~.northropqrumman.com LEAGUE OFFICERS Vice President (American) Brad Lewis Vice President (National) Jerry Scott Secretary Marcia Brunet Treasurer Debra Jarzynka Player Agent Cathy Lewis Safety Officer Lynn Metheny Information Officer Andrew Adler Umpire-in-Chief Mark Saunclers Equipment Manager Mark Lovering Field Manager Dave Reed Coaching Coordinator Jack Mckinsey Auxiliary Chair Marlo Rosales Virginia Beach Uffie League P.M.B. 1581-107 General .Booth Blvd. Virginia Beach, VA 23454 (757) 426-7663 Federal Tax Identification Numbers: League Identification Numbers: 54-1375758 Virginia Beach American LL: 346-08-1(3 91-1848969 Virginia Beach National LL: 346-08-20 January 29, 2002 Ms. Ida Draper, President Ocean Lakes Community Civic League 1718 Wellsford Dr. Virginia Beach, VA 23454 Dear Ms. Draper: I am requesting for myself and Susan Topping of the Virginia Beach Department of Parks and Recreation to attend your next civic league meeting so that I can present to your board of directors information about a change in the proposed installation of ball field lighting at the Virginia Beach Little League complex. You may recall that Little League International recognized the Virginia Beach Little League in 1998 for having the best Safety Plan in the Nation. The prize award was a Musco Sports lighting system to light a 200' Little League size field. This matter has been before your board before and there was no objection to us installing ball field lighting on the Senior 300' ball field (4), however, the Musco lighting equipment that the Virgima Beach Little League was awarded is only for a 200' field. Susan Topping has requested that I attend your board meeting to inform you of this change from lighting the 300' field (4) to wanting to light a 200' field (3). Please see enclosed Virginia Beach Little League Complex Diagram. I would like the opportunity to present to you and your board the change in field lighting and answer any questions you may have about this project. Your kind consideration is greatly appreciated. You may reach me at 621-1356 or by email at aadler(~!northropgrumman.com Very truly yours: Andrew Adler, President Virginia Beach Little League CC: Susan Topping Department of Parks & Recreation Municipal Center Bldg 21 2408 Courthouse Drive Virginia Beach, VA 23456 (757) 563-1118 stopping~vbgov.com www. myteam com/go/virginiabeachamedcanll Virginia Beach' Little' League'Complex' Diagram l, Field (1 Majors ~m (3),' 0 Field'(4) 300' I_ .... t I .... ! _1 0 ~ -JO0 ~O0 300 CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of. Council FROM: James K. Spore, City Manager ITEM: Ordinance Authorizing the City Manager to execute a Deed of Boundary Settlement relating to Red Wing Lake Golf Course MEETING DATE:september 3, 2002 Background: Pursuant to Chapter 690 of the 1994 Acts of Assembly, the Commonwealth of Virginia conveyed an approximately 288-acre tract of land located at Camp Pendleton to the City of Virginia Beach on which the City operates Red Wing Lake Golf Course. The property is adjacent to Dam Neck Amphibious Base, which is owned by the United States of America. There is an approximately 5 acre boundary overlap between Red Wing Lake Golf Course and Dam Neck created by older inconsistent recorded plats and deeds in the chain of title to the United States. Because there exists some question as to the correct boundary line between Red Wing and Dam Neck, the City and the United States desire to definitively establish the boundary line and the United States has agreed with the City's assertion that the City has a superior claim to the 5 acres in question. Considerations: Definitively establishing the boundary line will clear up any future title and boundary questions with respect to ownership of the disputed area. Recommendations: Approve Ordinance authorizing the City Manager to execute a Deed of Boundary Settlement to definitively establish the boundary line between Dam Neck Amphibious Base and Red Wing Lake Golf Course. Public Information: Public information will be handled through the normal Council Agenda Process Attachments: Ordinance Copy of Acquisition Plat Depicting Boundary Adjustments Copy of Deed of Boundary Settlement Recommended Action: Approval Submitting Department/Agency: C~ty Manager 1 2 3 4 AN ORDINANCE AUTHORIZING THE C1TY MANAGER TO EXECUTE A DEED OF BOUNDARY SETTLEMENT RELATING TO RED WING LAKE GOLF COURSE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, pursuant to Chapter 690 of the 1994 Acts of Assembly, the Commonwealth of Virginia conveyed an approximately 288-acre tract of land located at Camp Pendleton (the "Property") to tile City el'Virginia Beach on which the City operates Red Wing Lake Golf Course; WHEREAS, the Property is adjacent to Dam Neck Amphibious Base, xvhich is owned by the United States of America; WHEREAS, there is an approximately 5 acre boundary overlap between Red Wing Lake Golf Course and Dam Neck created by older inconsistent recorded plats and deeds in the chain of title to the United States; WHEREAS, the United States has agreed with the City's assertion that tile City has a superior claim to the 5 acres in question; and WHEREAS, because there exists some question as to the correct boundary line between Red Wing Lake Golf Course and Dam Neck, the City and the United States Government desire to definitively establish the boundary line. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council approves (i) the establishment of the boundary line between the City's Red Wing Lake Golf Course and the United States of America's Dam Neck Amphibious Base as depicted on the plat attached hereto as Exhibit A and (ii) tile Deed of Boundary Settlement attached hereto as Exhibit B which establishes such boundary line. 2. The City Council authorizes the City Manager to execute the Deed of Boundary Settlement in the form attached to this Ordinance as Exhibit B, together with such modifications as may bc approvcd by the City Managcr and thc City Attorney. 28 29 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ 2002. CA-$565 C :'\WINDOWS\TE MPXREDWlN~2.W'PD R-I August 2, 2002 day of~ APPROVED AS TO CONTENT: 35 36 c Works/Real Estate 37 38 39 40 41 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney 12_,815.076 ~ LEGEHD \ GRAPHIC SCALE PROPERTY TO BE CONV~ED TO THE CiTY OF 2425 0~ 5570 t~ :: : :- '. : . '~.~!: i.: :'L'-~" -'>.-.. ;?:!.,': - .. SO.~. ;": 0~1~8 ~RES ':: * ::' 0~62 ~RES THREE) GRAPHIC SCALE // LEGEND EXHIBIT "A" EXHIBIT "B" EXEMPTION CLAIMED: §58.1-81 l(a) (3) All correspondence relating to this document should refer to Identification No.: 1101 i-N00281-0006 This instrument was prepared by the Atlantic Division, Naval Facilities Engineering Command. 1510 Gilbert Street, Norfolk, VA 23511-5699 Return to Damien X. Walsh, ESQ. Office of Counsel, at the above address DEED OF BOUNDARY SETTLEMENT THIS DEED OF BOUNDARY SETTLEMENT, made and entered into this ~n~ day of ,.7-t~g/~ , 2002, by and between the UNITED STATES OF AMERICA, acting by and throu the DEPARTMENT OF THE NAVY, represented by the Commander, Atlantic Division, Naval Facilities Engineering Command, hereinafter called the "UNITED STATES", whose address is 1510 Gilbert Street, Norfolk, Virginia 23511-2699; and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter called the "CITY", whose address is Municipal Center, Virginia Beach, Virginia 23456. Each of the parties to this document shall be indexed as a "Grantor" and a "Grantee". WITNESSETH: WHEREAS, the UNITED STATES and the CITY are the owners of adjoining parcels of land designated as "NOW OR FORMERLY UNITED STATES OF AMERICA DAM NECK AMPHIBIOUS BASE UNITED STATES NAVY GPIN 2425-39-2661" AND "COMMONWEALTH OF VIRGINIA D.B. 195 PG. 178 M.B. 2 PG.27 M.B. 109 PG.46 - GPIN 2425-09-5570" on that certain plat entitled: "AMENDED PLAT SHOWING PROPERTY TO BE CONVEYED TO THE CITY OF VIRGINIA BEACH FROM COMMONWEALTH OF VIRGINIA, VIRGINIA BEACH, ~VIRGINIA", Scale: 1" = 200', dated August 30, 2001, prepared by Survey Bureau, Engineering Division, Department of Public Works, City of Virginia Beach, Virginia, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 302, at pages 58 and 59, hereinafter called the "PLAT"; and WHEREAS, there exists some question as to the correct boundary line between the lands of the parties, specifically with those areas designated on the PLAT as "AREA 'E'" and "AREA F , and WHEREAS, it is the desire of the parties hereto to definitively fix and establish the boundary line between their said properties; NOW, THEREFORE, in consideration of the premises herein contained, the receipt and sufficiency of which are hereby acknowledged, the UNITED STATES and the CITY do hereby agree that the true and correct boundary line between their respective lands shall be that certain boundary line, hereinafter called the "BOUNDARY LINE", which is shown on the PLAT and described as follows: GPIN 2425-39-2661 & 2425-09-5570 BEGINNING at a point which is the northeast comer of the property of the CITY designated on the PLAT as "Area 'A'", thence running S 19° 06' 10" W a distance of 404.03 feet to a concrete monument; thence running S 19° 06' 10" W a distance of 1,035.13 feet to a pin; thence running S 20° 28' 03" W a distance of 466.51 feet to a concrete monument; thence running S 16° 15' 36" E a distance of 83.74 feet to a pin. The UNITED STATES and the CITY, by the aCceptance of this DEED, do covenant and agree to the provisions specified below: 1. The UNITED STATES does hereby release, remise and forever quitclaim unto the CITY, its successors and assigns, all of the right, title and interest of the UNITED STATES in and to the land lying on the west side of the BOUNDARY LINE, specifically including, but not limited to, "AREA 'E'" and "AREA 'F'" as shown on the PLAT. AREA 'E' and AREA 'F' are more particularly described with reference to the PLAT as follows: AREA 'E' COMMENCING at a point which is the northeast comer of the property of the CITY designated on the PLAT as "Area 'A'", thence running S 19° 06' 10" W a distance of 404.03 feet to a concrete monument; thence running S 19° 06' 10" W a distance of 1,035.13 feet to a pin; thence running S 20° 28' 03" W a distance of 466.51 feet to a concrete monument which is the true POINT OF BEGINNING; thence running S 16° 15' 36" E a distance of 83.74 feet to a pin; thence running S 56° 52' 00" W a distance of 84.39 feet to a pipe; thence running N 20° 28' 03" E a distance of 135.04 feet to the POINT OF BEGINNING. AREA 'F' COMMENCING at a point which is the northeast comer of the property of the CITY designated on the PLAT as "Area 'A'", thence running S 19° 06' 10" W a distance of 404.03 feet to a concrete monument which is the true POINT OF BEGINNING; thence running S 19° 06' 10" W a distance of 1,035.13 feet to a pin; thence running S 20° 28' 03" W a distance of 466.51 feet to a concrete monument; thence running N 16° 15' 36" W a distance of 344.83 feet to a pin; thence running N 23° 27' 05" E a distance of 510.70 feet to a pin; thence running N 23° 57' 42" E a distance of 627.28 feet to a pin; thence running N 73° i 1' 42" E a distance of 146.71 feet to the POINT OF BEGINNING. 2. The CITY does hereby release, remise and forever quitclaim unto the UNITED STATES, its successors and assigns, all of the right, title and interest of the CITY in and to the land lying on the east side of the BOUNDARY LINE. IN WITNESS WHEREOF, the undersigned have signed and sealed these presents or caused these presents to be executed by their respective duly authorized officers and their seals to be affixed hereto as of the date first above written. UNITED STATES OF AMERICA [SEAL] ATTEST: By: Realty Specialist ~ Claimallt Branch Real Estate Division Real Estate Contracting Officer CITY OF VIRGINIA BEACH By:. Name: (SEAL) City Manager/Designee of City Manager City Clerk APPROVED AS TO FORM CITY ATTORNEY ACCEPTED ON BEHALF OF THE CITY OF VIRGINIA BEACH CITY REAL ESTATE AGENT COMMO~ALTH OF VIRGINIA CITY OF /tft~_/~-0J.,/d[ ., to-wit: The foregoing instrument was acknowledged before me this ,~ay of July, 2002, by Julie C. Barnes as Real Estate Contracting Officer, on behalf of the United States of America, Department of the Navy. ~ 7'~ [AFFIX SEAL] ~~Public My Commission Expires:~~~~rf~ COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2002, by ._, as City Manager/Designee of City Manager of the City of Virginia Beach, Virginia. [AFFIX SEAL] Notary Public My Commission Expires: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing , 2002, by Virginia Beach, Virginia. instrument was acknowledged before me this day of , as City Clerk of the City of [AFFIX SEAL] Notary Public My Commission Expires: TO: FROM: ITEM: The Honorable Mayor and Members of Council James K. Spore, City Manager Transfer of Funding Between Capital Projects within the Storm Water Capital Improvement Program MEETING DATE: September 3, 2002 Background: As the FY 2002-03 Resource Management Plan was being developed, the Storm Water Capital Improvement Program was moving forward with the completion of the construction phase on several projects. Due to the competitive construction market, several of these projects were completed under the projects total CIP budget. As the construction activity proceeded for Fair Meadows Drainage (7- 012) and in the regular monthly construction meetings between City Staff and the residents, the need to revise the scope for this project was identified. The revision included expanding the piped drainage system improvements and decreasing the proposed ditch component of the proposed drainage improvements at various locations throughout the Fair Meadows neighborhood. The change in project scope will achieve multiple outcomes by enhancing the drainage, safety, character, vitality, health, and aesthetics of the Fair Meadows neighborhood as the drainage system will be more efficient to maintain by the residents and City alike. Considerations: To implement this work and continue the forward progression of the Storm Water Capital Improvement Program, additional funds are required to cover the increase in the scope of work for Fair Meadows Drainage (7-012) $300,000. Funds are available in existing storm water capital projects, Princess Anne Plaza Drainage, Phase II (7-114) $100,000, Sandbridge Drainage Improvements (7-144) $75,000, Pocahontas Village (7-181) $75,000, and Lake James (7-018) $50,000 to fund these additional work without adversely impacting the existing projects as shown below: Funds Transferred To: 7-012 Fair Meadows Drainage $300,000.00 Funds Transferred From: 7-114 Princess Anne Plaza Drainage, Phase II $100,000.00 7-144 Sandbridge Drainage Improvements $75,000.00 7-181 Pocahontas Village $75,000.00 7-018 Lake James $50,000.00 Total $300,000.00 Currently, Sandbridge Drainage Improvements (7-144) and Pocahontas Village (7-181 ) are complete. Lake James (7-018) is scheduled to be complete this fall, and Princess Plaza Drainage, Phase II will be complete this fall with the installation of landscaping along portions of the ditch system. Sufficient funding will remain in Lake James and Princess Anne Plaza Drainage - Phase II to complete the projects. Funding changes as currently proposed will address other immediate needs. Public Information: Public information will be handled through the normal City Council agenda process. Alternatives: No alternatives are available to move the Storm Water Projects Capital Improvement Program forward. (Continued on next page) Recommendations: It is recommended that City Council adopt the attached ordinance to transfer $300,000 between existing capital projects, as specified above (see Considerations section of Agenda Request), within the Storm Water Capital Improvement Program to move these projects forward into the construction phase. Attachment: Ordinance Recommended Action: Approval of Ordinance ~ Submitting Department/Agency: Public Works/Engineering~'~,~ City M an ager ~./~-~ ~)/_.~ ~ ~,z, F:\Da~Y~Ordin\NONCODE\SW U - Fair Meadows.Agenda .wpd F:\Data\ATY~Ordin\NONCODE~SWU - Fair Meadows.Agenda .wpd August 8, 2001 1 2 3 4 5 AN ORDINANCE TO TRANSFER $300,000 FROM VARIOUS STORM WATER CAPITAL PROJECTS TO CAPITAL PROJECT #7-012, FAIR MEADOWS DRAINAGE, TO EXTEND THE PIPED DRAINAGE SYSTEM IN FAIR MEADOWS 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, $300,000 from various existing storm water capital projects is available to be transferred into capital project %7-012, Fair Meadows Drainage, to extend the piped drainage system in the Fair Meadows neighborhood. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $300,000 is hereby transferred from the capital projects and in the amounts as set forth below to Capital Project %7-012, Fair Meadows Drainage, to extend the piped drainage system in Fair Meadows; 2. That the $300,000 to be transferred shall come from the projects set forth below: (1) $50,000 from #7-018, Lake James; (2) $100,000 from %7-114 Princess Anne Plaza Drainage, Phase II; (3) $75,000 from #7-144, Sandbridge Drainage Improvements; and (4) $75,000 from %7-181, Pocahontas Village. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. CA8590 ordin/noncode/SWU-Fair Meadows.ord.wpd R2 August 19, 2002 APPROVED AS TO LEGAL SUFFICIENCY: City Attorn~ s~0fflce APPROVED AS TO CONTENT: nagement -Ser~~ FORM NO. CM 5 REV. 11/91 CITY OF VIRGINIA BEACH AGENDA REQUEST To: The Honorable Mayor Members of the Council James K. Spore From: City Manager Subject: Resolution Approving the lssuance ofMulti-Family Housing Bonds (CP Atlantic, L.P. - Atlantis Apartments Proiect) AGENDA ON: September 3, 2002 NATURE OF ITEM: Zoning/Use Permit Contract Transfer/Appropriation; lSt/2"d Reading X Other Resolution BUDGET SECTION: Amount $ Funding Source: Recommendation: Signature HISTORY: The City of Virginia Beach Development Authority has considered the request of CP Atlantic, L.P., a California limited partnership, for the issuance of'the Authority's Multi-Family Residential Housing Bonds in an amount not to exceed $12,000,000 to assist in financing of the company's acquisition, renovation and equipping of a 208 unit multi-family housing project known as Atlantis Apartments Project, located at 999 Atlantis Drive, Virginia Beach, Virginia. The request was duly advertised for a public hearing before the Authority in accordance with the requirements of Section 15.2- 4906 of the State Code, and the Authority passed a resolution on July 16, 2002, recommending that City Council approve issuance of the bonds. FACTS/DISCUSSIONS/OPTIONS: The matter comes before Council for its approval pursuant to Section 15.2-4906 which requires the municipality on behalf of which the bonds of an authority are issued to either approve or disapprove any financing recommended by such authority within sixty (60) days of the date of the authority's public hearing. ATTACHMENTS: IDB Submission to Council Notice of Public Hearing Record of Public Hearing Development Authority's Resolution Disclosure Statement Authority' s Statement Fiscal Impact Statement Summary Sheet Letter from Housing and Neighborhood Preservation dated July 10, 2002 Resolution Location Map Copies to: Recommended Action: APPROVAL Council Action: Date: Submitting Agency/Signature ~A~~---'~ D/ACM: Development Authority Gary ~FFentress of Counsel VIRGINIA BEACH Virginia Beach Development Authority One Colmnbus Center. Suite 300 Virginia Beach, VA 23462 (757t 437-6464 FAX (757) 499-9894 July 16, 2002 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Municipal Center Virginia Beach, VA 23456 Re: Atlantis Apartments Project Dear Mayor Obemdorf and Members of City Council: We submit the following in connection with project Atlantis Apartments Project located at 999 Atlantis Drive in the City of Virginia Beach, Virginia. (1) Evidence of publication of the notice of hearing is attached as Exhibit A, and a summary of the statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach Development Authority's (the "Authority") resolution recommending Council's approval is attached as Exhibit C. (2) The Disclosure Statement is attached as Exhibit D. (3) The statement of the Authority's reasons for its approval as a benefit for the City of Virginia Beach and its recommendation that City Council approve the modification of the bonds described above is attached as Exhibit E. (4) The Fiscal Impact Statement is attached as Exhibit F. The Honorable Meyera E. Obemdorf, Mayor Members of City Council July 16, 2002 Page 2 (5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and identifying the Project and the principals. (6) Attached as Exhibit H is a letter from the appropriate City department commenting on the Project. RGJ/GLF/rab Enclosures Very truly yours, Beaci Blvdl ' i-'- ' ' .... : ..... : ...... , -- Norfolk Ave [ /'.. ." i .... ~ · : -J. ~ ; i . ",- - ~ '~ - ! ....... ,_ __ t 4~z. i , ,/ : / - : ,~ ~ ~ 1Otb SI_. ,, t, i ..~ackson St ~ , ~. ' . , . .. .I . · , ~ ~ 't ~, ~ ~ . ~. ~ . ~ ~, ' - ' "" :' '~ '"" "/ ' '""'~~ ~r' ~' ~"~ .... '~q I-" .qo" ". etu~ ~e~..~.~ ~ ~ .- '~' , * " ~,. t .... ; - . ' ~ ~ ._ t ~ . --- ', S.' ......... ~[a~{.~d.., ~ . i _ ~ .~ ~ve .., " ~u_,~,~.SL :,, ,o~~ *~ i ~ ~ ~ ', ~ Y~'g'~'? '..~'. -~. ~ ............ ~.,.,.,...o~ ..... ~~ ~- -' ~ c.~o~i~"-~' , , Gannet Run, ~ ~ ~ - ~' ' -" , ~. . .. ~.- _. ~ ~ ............ .~a~lb/~ Or~ - ~ , , ~.~ ~.,, ~ ~ " -~ ........ O-wls..C~eek_L~2 c,,') , ~/..~'" LOCATION MAP ATLANTIS APARTMENTS Copyfighl {) 1985- ! ~9~, Mi~osoll Coq~orllio~ and/Or #l lupplie~. All rights reserved. 0 mi 0.2 0.4 0.6 Page I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING BONDS WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), has considered the application of CP Atlantic, L.P. (the "Borrower'') for the issuance of the Authority's multifamily housing revenue bonds in an amount not to exceed $12,000,000 (the "Bonds") to assist in the financing of the Company's acquisition, renovation and equipping of a 208 unit multifamily housing project (all improvements and land being collectively referred to as the "Project") located at 999 Atlantis Drive, Virginia Beach, Virginia, and held a public hearing on July 16, 2002; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City"), to approve the issuance of the Bonds to comply with Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Internal Revenue Code") and Section 15.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code"); and WHEREAS, pursuant to Section 15.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the City Council of the City of Virginia Beach, Virginia; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority, in a principal amount not to exceed $12,000,000 for financing the acquisition, renovation and equipping of a multifamily housing project located at 999 Atlantis Drive, Virginia Beach, Virginia for the benefit of CP Atlantic, L.P. to the extent required by Section 147(0 of the Internal Revenue Code and Section 15.2-4906 of the Virginia Code, to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by the Internal Revenue Code and the Virginia Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Borrower; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefore, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Project for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable private activity bond limit to one or more other projects; or (2) the Authority's failure for any reason after the issuance of the Bonds for the Project to allocate any further portion of its allowable private activity bond limit to the Project if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on August __, 2002. I certify the foregoing to be a true and correct copy of a resolution adopted by the City Council of the City of Virginia Beach, Virginia, at a regular meeting held on August __, 2002. Clerk APPROVED AS TO LEGAL SUFFICIENCY EXHIBIT A NOTICE OF PUBLIC HEARING ON PROPOSED MULTIFAMILY HOUSING BOND FINA~NCING OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Notice is hereby given that the City of Virginia Beach Development Authority (the "Authority") will hold a public hearing on the revised application of CP Atlantic, L.P. (the "Borrower") the address of which is c/o Century Pacific Equity Corporaffon, G.P., 1925 Century Park East, Suite 1900, Los Angeles, California 90067 for the Authority to issue, pursuant to Chapter 643 of the V~rginia Acts of Assembly of 1964 as amended (thc "Act"), up to $12,000,000 of its multi'family housing revenue bonds (the "Bonds") to assist the Borrower in the acquisition, rehabilitation and equipping of a 208 unit mul~family housing · ' ' ~t~" ' ~")l'v The public hearing, ..... ~n, o u 16, 2002, before the which ,may be continued or adjourned, vail be held at X" o ~. . Authority, at the AuthoratY's office, One Columbus Center, Suite 300, Virginia Beach, Virgima. As required by the Act, the Bonds will not pledge the credit or the taxing power of the City of Virginia Beach, Virginia, or the Authority but will be payable solely from revenues derived from the Borrower and pledges therefore. Any person interested in the issuance of thc Bonds or the location or nature of the proposed project may appear and be heard. A copy of the Company's application is on file and ls open for inspection at the Authority's office at One Columbus Center, Suite 300, Virgin;a Beach, Virginia, during business hours. Thc public hearing is being held pursuant to the requirements of Section 147(,) of the Internal Revenue Code of 1986, as amended regarding the public approval pre-requisite to the exclusion from gross income for federal income taxation purposes of interest on the Bonds and Sec~on 15.1-4906 of tl:e Virginia Code of 1950, as amended- Any person imcrested in the issuance of the Bonds or the Project may appear and be heard. · EXHIBIT A THe VIRGINTAN-PILOT NORFOLK, VIRGINIA AFPIDAViT OF PUBLICATION The virginian-Pilot RITTER EICDb~ER & NORRIS PLLC 1225 19TH STREET. N.W., 7 WASHINGTON DC 2003g REFERENCE: 10228144 7974430 NOTICE OF PUDblC ~EA State of Virginia City of Norfolk This day. D. Johnson personally appeared before me and after being duly eworn, made oath ghat: 1) She is affidavit clerk of The virginian-Pilot, a newspaper published by Landmark communicatione Inc., in the cities of Norfolk; Portsmouth, Chesapeake, Suffolk. and Virginia ~each, Common- wealth of virginia and in the s%ate of North Carolina 2)ThaC the advertisement hereto annexed has been published in said newspaper on the date stated. PUBLISHED ON; 07/01 07/08 ~uC~ /tho '~o?lL~') w~l hold e ~u~l~c hcerlng tgi, LO~ ~Be~e~, Cs~Rornl~ 60067 ~or ~he luth~ Th8 pqbllc he)~ng. ~h~¢h ~ ~ C~P ~u~ o? o~oumed, ~, be bela / pted~ ~e~f, A~y ~rson I~reSt~ In the Iseuen~ heir¢ A co~ or Um ~m~ny'e egpUc~ I~rs on 30~ V[r~T~J8 Beech, Vl~l~. ~u?l~J ~stneea lion ~4T[O ~f [he [nfe~eI ~oue CoUe a leS), as ~d~ ~r aha be h~. VR Ju(y t ~ ;U~ &. ~0~ TOTAL COST; 4~3.76 AD SPACe.: 72 LIN~ ..... ........................................ Legal Affiant; J~/~ ~ ~ __ su~crib,d~nd a~n to ~for~in~ city and etate on the day and year afo~ai~ this % ~~of _ %J ~ ~ · Nota~~~~~ion expires Janua~ 31, 2004 ~ Comml~on c'-~D;[es J anu~q/31,2004 EXHIBIT B City of Virginia Beach Development Authority Record of Public Hearing on July 16, 2002 (Atlantis Apartments Project) The chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of CP Atlantis LP (the "Borrower"), and that a notice of the hearing was published once a week for two consecutive weeks in the Virginian Pilot, a newspaper having general circulation in the City of Virginia Beach, Virginia. Such public hearing was held not less than six days and not more than 21 days after the second notice appeared in such newspaper. A copy of the notice and certificate of publication of such notice have been filed with the records of the City Council of the City of Virginia Beach. The following individuals appeared and addressed the Authority at such public hearing: Richard A. Eichner, an attorney with Ritter Eichner & Norris PLLC and Beverly Williams, current site manager of the Project, appeared on behalf of the Borrower. Mr. Eichner gave a brief description of the proposed financing and explained that the proposed issuance of the bonds (the "Bonds") would be used to assist the Borrower in financing the acquisition and renovation of Atlantis Apartments in the City of Virginia Beach and that the tax exempt portion was necessary to obtain significant low income housing tax credits under Section 42 of the Code. Ms. Williams discussed the need for renovations at the Project and discussed some of the resident programs, and successes, at the Project. This approval is being requested at this time and is required by the Internal Revenue Code. Mr. Eichner further outlined certain benefits inuring to the City of Virginia Beach and its citizens including the nonrecourse nature of the financing and the amount of the proposed rehabilitation In addition, Mr. Eichner and Authority staff pointed out that the enhancement of Atlantis Apartments will assist the City in attracting and retaining business and industry as quality rental housing opportunities for low and moderate income persons are an important criterion to businesses when considering whether to relocate or to stay in a particular locality. No other persons appeared to address the Authority, and the chairman closed the public hearing. The Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia approve the issuance of the proposed financing and hereby transmits the Fiscal Impact Statement to the City Council of the City of Virginia Beach and asks that this recommendation be received at its next regular or special meeting at which this matter can be properly placed on the Council's agenda for hearing. EXHIBIT C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS (ATLANTIS APARTMENTS) SERIES 2002 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") is a political subdivision of the Commonwealth of Virginia (the "Commonwealth"), duly created pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"); and WHEREAS, pursuant to the Act, CP Atlantic, L.P., a Califomia limited partnership (the "Borrower"), has requested that the Authority issue its taxable and tax-exempt Multifamily Housing Revenue Bonds (Atlantis Apartments) Series 2002 to finance the acquisition, construction and equipping of a 208-unit apartment development (the "Project") located on an approximately 14 acre parcel of land located at 999 Atlantis Drive, Virginia Beach, Virginia and occupied in part (at least 40%) by persons of low or moderate income in order for the Project to qualify as a "qualified residential rental project" within the meaning of Section 142(d) of the Code (hereinafter defined); and, the Borrower has requested that the Authority issue its bonds (the "Bonds") and make a loan of the proceeds thereof to the Borrower for the purpose of making funds available to acquire and rehabilitate the Project; and WHEREAS, the Authority has found and determined that (a)there is a significant shortage of affordable, sanitary and safe residential rental property in the City of Virginia Beach, Virginia (the "City") for individuals and families of low and moderate income and (b) the issuance of the Bonds, the financing of the Project and the acquisition, construction, and equipping of the Project by the Borrower will benefit the inhabitants of the City through the promotion of their safety, health, welfare, convenience or prosperity, and will be consistent with the general purposes of the Authority and the Act; and WHEREAS, the City has not activated a housing authority pursuant to §§ 36-4 and 36-4.1 of the Code of Virginia of 1950, as amended; and WHEREAS, with respect to such proposed plan of financing, the Authority has caused a notice of public hearing to be published in the Virginian-Pilot, a newspaper of general circulation in the City of Virginia Beach, Virginia, and has this date held a public hearing, all in accordance with the provisions of § 147(0(2) of the Internal Revenue Code of 1986, as amended, and the regulations, rulings and proclamations promulgated or proposed thereunder (collectively, the "Code"), and § 15.1-1378 and § 15.2-4906, Code of Virginia, 1950, as amended, and other applicable laws of the Commonwealth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. The Authority hereby agrees to assist the Borrower to finance the acquisition, rehabilitation and equipping of the Project and, in particular, to undertake the issuance of the Bonds in an amount not to exceed $12,000,000 upon the terms and conditions to be mutually agreed upon between the Authority and the Borrower, and to loan the proceeds of such Bonds (the "Loan") to the Borrower for the purpose of financing the Project. The Loan will he made to the Borrower pursuant to a loan agreement or a financing agreement. The Bonds will be issued and secured pursuant to an indenture of trust or similar document which will provide for the precise principal amount of the Bonds, the maturity .schedule therefor, the interest rate or rates the Bonds will bear and the denomination, form and other terms of the Bonds, and will secure the Bonds by an assignment of all the Authority's rights to the Loan, together with the proceeds thereof, and the security therefor. The Bonds will be limited obligations of the Authority payable solely from the revenues pledged thereto pursuant to the indenture. 2. The Authority hereby authorizes the use and distribution of a preliminary official statement prior to the adoption by the Authority of a final bond resolution with respect to the Bonds, in such form as shall be approved by the Chair with the advice of counsel to the Authority. 3. It having been represented to the Authority by the Borrower that it is necessary to proceed immediately with the financing of the Project, the Authority hereby agrees that the Borrower may proceed with plans for such financing, enter into contracts for such financing of the Project and take such other steps as it deems appropriate in connection therewith, provided that nothing herein shall be deemed to authorize the Borrower to obligate the Authority in any manner whatsoever, including the payment of money or the performance of any acts in connection with the Project. The Authority agrees that the Borrower may be reimbursed from the proceeds made available from the issuance of the Bonds for all costs incurred by it after the effective date of this inducement resolution in connection with the financing of the acquisition, rehabilitation and equipping of the Project only to the extent permitted under Section 103 of the Code and the Act. 4. The Authority hereby agrees to the Borrower's designation of the firm of Ritter Eichner & Norris PLLC, Washington, D.C., as Bond Counsel ("Bond Counsel") and hereby appoints such firm to supervise the proceedings and approve the issuance of the Bonds. 5. All costs and expenses in connection with the financing of the acquisition, rehabilitation and equipping of the Project, including fees and expenses of Bond Counsel, Counsel to the Authority and the Authority, shall be paid at the direction of the Borrower from the proceeds made available from the issuance of the Bonds or from other funds of the Borrower. If for any reason the Bonds are not issued, it is understood that all such fees and expenses shall be paid by the Borrower and that the Authority shall have no responsibility therefor. 6. In adopting this inducement resolution authorizing the issuance of the Bonds, the Authority declares its official intent to issue the Bonds and provide moneys to reimburse the Borrower for its expenditures with respect to the Project, as contemplated by Treasury Regulations 1.150-2 promulgated pursuant to the Internal Revenue Code of 1986, as amended. 7. The Authority shall perform such other acts and adopt such further proceedings as may be required to implement its undertakings as herein set forth. Prior to the issuance and delivery of the Bonds, there shall be submitted to the Authority for its approval a Bond Resolution approving (a) the issuance of the Bonds, and (b) such other documents as may be necessary in the opinion of Bond Counsel to complete the transaction, provided such documents are acceptable to counsel to the Authority. 8. The Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia approve the issuance of the Bonds and directs the Chair of the Authority to transmit the Fiscal Impact Statement and a copy of this Resolution to the City Council of the City of Virginia Beach. 9. The proper representative of the Authority is hereby authorized and directed to transmit this recommendation to the City Council of the City of Virginia Beach at its next available regular meeting at which an approval resolution can be properly placed on the Council's agenda for consideration. 10. The proper representative of the Authority is hereby authorized and directed to execute and deliver to the Virginia Small Business Financing Authority an application for the allocation of volume cap for tax exempt bonds to satisfy the requirements of Section 146(f) of the Code. 11. This Resolution shall take effect immediately upon its adoption. If the Bonds are not issued within one (I) year of the date of adoption of this Resolution, this Resolution shall be void and of no further effect. 12. The Authority hereby agrees, if requested, to accept the recommendation of the Borrower with respect to the appointment of an agent or underwriter for the sale of Bonds or a purchaser of the Bonds in a private placement pursuant to terms to be mutually agreed upon. ADOPTED: July 16, 2002 CERTIFICATE of VOTES Record of the roll call vote by the City of Virginia Beach Development Authority, upon reading on a resolution titled "RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AUTHORIZING TIlE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS (ATLANTIS APARTMENTS) SERIES 2002", taken at a regular meeting of the Authority held on July 16, 2002, after public notice thereof for such meeting: AYE NAY ABSTAIN ABSENT ~enneth o. ~ar~ oot X R6be~t Fi H~agi.~-J~. X -D~,~Id ~. X Robert . Jone~ X .Page G. Lea X Robert E. FentrE~ss X Dated: July 16, 2002 ISEAL) Chairman, City l/txxf Virginia Beach Authori0d ~ Development Secretary The undersigned Secretary of the City of Virginia Beach Development Authority hereby certifies that the foregoing is a true, correct, and complete copy of a Resolution adopted by the Authority's commissioners present and voting at a meeting duly called and held on July 16, 2002, in accordance with la,v, and that such Resolution has not been repealed, revoked, rescinded, or amended, but is in full force and effect as of the date hereof. WITNESS my hand and the seal of the Authority this 16th day of July, 2002. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: Secretary DISCLOSURE STATEMENT Applicant's Name(s): CP ATLANTIC, L.P. All Owners (if different from applicant): Date: June 7, 2002 Type of Application: Rezoning: From Conditional Use Permit: Street Closure: Subdivision Variance: Other: Bond Issue to The following is to be completed by or for the Applicant: 1. If the applicant is a CORPORATION, list all the officers of the Corporation: 2. If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or parmers in the organization: Century Pacific Equity Corporation, general parmer Irwin Jay Deutch, limited partner (a corporate tax credit investor will be substituted for Mr. Deutch at closing) The following is completed by or for the Owner (if different from the appiicant) 1. If the applicant is a CORPORATION, list all the officers of the Corporation: 2. If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: CP ATLANTIC, L.P. Charles L. Schwennesen Executive Vice President Century Pacific Equity Corporation, G.P. of Principal User CP ATLANTIC, L.P. Note to Financial Statements Organization: CP Atlantic, L.P. is to be formed as a California limited partnership for the purpose of acquiring and renovating 208 units of affordable multifamily housing commonly k. nawn as Atlantis Apartments located in Virginia Beach, VA. The General Partner of CP Atlantic, L.P. is Century Pacific Equity Corporation. The financing is expected to be provided by tax-exempt bonds and proceeds from the sale of Federal housing tax credits. VIRGINIA BEACH Virginia Beach Development Authorily One Columbus Center. Suite 300 Virginia Beach. VA 23462 1'757) 437-6464 FAX t'757) 499-9894 EXHIBIT E CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY UP TO $12,000,000 MULTIFAMILY MORTGAGE REVENUE BONDS MULTIFAMILY HOUSING REVENUE BONDS (ATLANTIS APARTMENTS) SERIES 2002 The Authority recommends approval of this financing. The proceeds of the Bonds to be issued will be used to assist the Borrower, CP Atlantis, L.P., in acquiring and rehabilitating the Atlantis Apartments, a 208 unit apartment building at 999 Atlantis Drive in Virginia Beach. The use of $7,500,000 of tax exempt bonds (the remainder will be federally taxable) will allow the Borrower to obtain substantial equity through the sale of low income housing tax credits under Section 42 of the Code. The benefits of maintenance of affordable housing in the City of Virginia Beach along with the capital investment, construction payroll, and creation and retainage of jobs constitutes the basis for this recommendation. The financing will enhance a significant rental housing asset within the City where low and moderate income employees can live and assist the City in attracting and retaining business and industry. EXHIBIT F FISCAL IMPACT ST,~,TEMENT DATE: TO PROJECT NAME: TYPE OF FACILITY: 1. 2. June 7, 2002 THE CITY COUNCIL OF VIRGINIA BEACtt, VIRGINIA ATLANTIS APARTMENTS 208 Units of affordable multifamil¥ housing Maximum amount of financing sought $12,000,000 ($7,500,000 - Tax Exempt) Estimated taxable value of the facility's real property to be constructed in the municipality (post renovation) $9,360,000 ($45,000 unit) Estimated real property tax per year using present tax rates $ ! 14,000 Estimated personal property tax per year using present tax rates $555 Estimated merchant's capital (business license) tax per year using present tax rates $345 Estimated dollar value per year of goods and services that will be purchased locally $314,500 Estimated number of regular employees on year round basis (full timers) Average annual salary per employee (full timers) $19,400 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. City of Virginia Beach Dew By: /__~-~ent Authority -" EXIIlBIT G SUMMARY SI{EET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BONDS PROJECT NAME: LOCATION: DESCRIPTION OF PROJECT: ATLANTIS APARTMENTS 999 ATLANTIS DRIVE 208 units of affordable multifamil¥ housing AMOUNT OF BOND ISSUE: PRINCIPALS: '$12,000,000 ($7,500,000 - Tax Ex~mpt) Irwin Jay Deutch ZONING CLASSIFICATION: bo Present zoning classification · of the Property Is rezoning proposed? If so, to what zoning classification? Yes A-18 (Apartment District) No X NOTE: THIS DOCUMENT MUST BE ON 8-1/2 X 14 INCH PLAIN BOND PAPER. EXHIBIT H City of Virginia l:: cach DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION (757) ,426-5750 FAX (7571 426-5766 TDD (757) 426-5794 CODE ENFORCEMENT DIVISION (757) 427-4421 July 10, 2002 MUNICIPAL CENTER BUILDING 18A 2424 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9083 Chairman, Virginia Beach, Development Authority One Columbus Center, Suite 300 Virginia Beach, VA 23462 FAX# 499-9894 Gary Fentress, Esq. Office of the City Attorney Municipal Center FAX# 563-1167 RE: Evaluation of Public Benefit Atlantis Apartments Project Multi-Family Rental Housing Bond Application 206 units low income housing VBDA Agenda July 16, 2002 I have reviewed the information provided regarding the above referenced project. In my opinion a public benefit is achieved by the rehabilitation of these housing units by providing decent, safe and affordable housing for low income households. We have been advised by the applicant that 40% of the units will be occupied by persons having an income of 60% of area median income or less. The rent for these units will be restricted to no more than 30% of 60% of area median income as adjusted for family size, thus meeting the definition for housing affordablity. Please let me know if you need anything further regarding this issue. Thank you. APPOINTMENTS BOARD OF ZONING APPEALS (BZA) FRANCIS LAND HOUSE BOARD OF GOVERNORS HUMAN RIGHTS COMMISSION PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE - COIG TOWING ADVISORY BOARD VIRGINIA BEACH/JAMESTOWN 2007 STEERING COMMISSION UNFINISHED BUSINESS NEW BUSINESS 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 MINUTES 1. INFORMAL AND FORMAL SESSIONS August 27, 2002 G. AGENDA FOR FORMAL SESSION Ho ORDINANCE S/RES OLUTION 1. Ordinances re the City Code: AMEND §§ 35-253, 35-254, 35-258, 35-259, 35-260, 35-263 and ADD § 35-258.1 of the City Code re administration and collection of local telecommunication service taxes bo Co AMEND § 21-207 re liquidated damages for violation of permitted weight limits AMEND and REORDAIN § 12-25(a) re designating the Chief of Fire Protection or hi: designee as the Fire Marshal Ordinance to AUTHORIZE the City Manager to AMEND and further EXTEND an option tc acquire property located at Rudee Loop. Ordinances re temporary encroachments into portions of the City's tights-of-way: a. City maintenance easement by OLYMPIA BENDIX, LLC, re a storage building at 295 Bendix Road. (DISTRICT 5 - LYNNHAVEN) Lake Wesley by WILLI FENSKE re boat lift, existing floating pier and replacing four existing mooting piles at 500 Southside Road. (DISTRICT 6 - BEACH) Ordinance to AUTHORIZE the City Manager to execute a LEASE of city-owned property at Ocean Lakes Community Park containing 13.06 acres to Virginia Beach Little League, Inc. for operation of a youth baseball league. (DISTRICT 7 - PRINCESS ANNE) Ordinance to AUTHORIZE the City Manager to EXECUTE a Deed of Boundary Settlement with the United States of America re Red Wing Lake Golf Course of a 5-acre boundary overlap. (DISTRICT 6 - BEACH) Ordinance to TRANSFER $300,000 from various Storm Water Capital Projects to Capital Project #7-012, to extend the piped drainage system in Fair Meadows. (DISTRICT 2 - KEMPSVILLE) Resolution APPROVING issuance of Multifamily Housing Bonds in behalf of CP Atlantic, L.P. for a project located at 999 Atlantis Drive (Atlantis Apartments). (DISTRICT 6 - BEACH) APPOINTMENTS BOARD OF ZONING APPEALS (BZA) FRANCIS LAND HOUSE BOARD OF GOVERNORS HUMAN RIGHTS COMMISSION PARKS AND RECREATION COMMISSION PUBLIC L~BRARY BOARD REVIEW AND ALLOCATION COMMITTEE - COIG TOWING ADVISORY BOARD VIRGINIA BEACH/JAMESTOWN 2007 STEERING COMMISSION UNFINISHED BUSINESS K. NEW BUSINESS L. ADJOURNMENT ADJOURNMENT