Loading...
HomeMy WebLinkAboutOCTOBER 8, 2002 MINUTES City of Virginia Beach "COMMUNITY FOR A LIFETIME" CITY COUNCIL MA YOR MEYERA E OBERNDORF, At-Large VICE MA YOR ROBERT C MANDIGO, JR, Kempsvtlle -Dtstrtct 2 MARGARET L EURE, Centervdle -Dtstrtct 1 LOUIS R JONES, Baystde -Dtstrtct 4 REBA S McCLANAN, Rose Hall - Dt~trlct 3 RICHARD A MADDOX, Beach -Dtstrtct 6 JIM REEVE, Prtncess Anne -Dtstrtct 7 PETER W SCHMIDT, At-Large RON,4 VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L WOOD, Lynnhaven -Dtstrtct 5 CITY COUNCIL AGENDA dAMES K SPORE, Cay Manager LESLIE L L1LLEY, Ctty Attorney RUTH HODGES SMITH, MMC, Ctty Clerk CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 427-4303 FAX (757) 426-5669 E MAIL Ctycncl~vbgov corn October 8, 2002 I. CITY MANAGER'S BRIEFINGS - Conference Room- I:30PM Ao Bo Co AMENDMENT TO R-5S DISTRICT Karen R. Lasley, Zoning Admlmstrator COMMUNITY LEGISLATIVE AGENDA Robert R. Matthlas, Assistant to the City Manager SANDBRIDGE ROAD/NIMMO PARKWAY CORRIDOR E. Dean Block, D~rector - Department of Pubhc Works II. REVIEW OF AGENDA ITEMS III CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 4:30PM A. CALL TO ORDER- Mayor Meyera E Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend R~chard J. Keener Bayside Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS October 1, 2002 G. AGENDA FOR FORMAL SESSION H. MAYOR'S PRESENTATIONS 1. PROCLAMATION a. Captain Cary A. "Dollar" Silvers Day, October 8, 2002 2. RESOLUTION a. Harold Heisehober Field I. ORDINANCES/RESOLUTIONS 1. Ordinances re the City Code: a. AMEND § 18-72 re business license taxes on coin-operated machines bo AMEND and REORDAIN § 21-321.2 re ad&ng certmn neighborhoods subject to maximum speed limits ("Traffic Calming") and prow&ng penaltles ~n those neighborhoods: (1) Stratford Chase (2) Bayvflle Park . Ordinances to AUTHORIZE temporary encroachments into portions of the City's rights-ot way within Linkhom Shores: (DISTRICT 5 - LYNNHAVEN) a, WAYNE and KIMBERLY A. BEAGLE re mmntenance of an existing timber retaining wall at 1200 Gloucester Lane. b, PAUL D. and MARIANNE WARREN re construction and maintenance of a split rai fence, willow arbor and landscaping at 1517 Duke of Windsor Road. , Resolution refemng to the Planmng Commission proposed amendments to §502 of the C~ty Zoning Ordinance (CZO) re dimensional requirements for nonconforming lots in the R-5S residential &strict. . Resolutton to AUTHORIZE the issuance and sale of $28-Mfllion Water and Sewer Revenue Bonds, Series of 2002, heretofore authorized, re reimbursement for previous capital expenditures and funding for future water and sewer projects; and, AUTHORIZE the dlstnbuhon of the preliminary Official Statement and other related actions. J. PLANNING le Application of MOTHERS, INC. for the reconstruction and conversion of a nonconforming garage apartment into a nonconformtng single family residence at 16th Street and Baltic Avenm (417 V2 16th Street), containing 5,000 square feet (DISTRICT 6 - BEACH) Recommendation: DENIAL . Apphcatlon of DAVID ELGIN for mod~catton of acreage allowed by the Con&ttonal Use Permtt for a church at Providence Road and Waring Street (5724 Providence Road) (approved June 26, 1965), contatnlng 2.02 acres (DISTRICT 2 - KEMPSVILLE) Recommendation: APPROVAL . Apphcatxons of HARBOUR DEVELOPMENT CORPORATION, L.L.C. at North Landtng and West Neck Roads, containing 65.1 acres: (DISTRICT 7- PRINCESS ANNE) ae Change ofZomng Dtstrtct Clas. stficatton from AG-1 and AG-2 Agricultural to Conditional R-30 Residential re single family lots no less than 30,000 sq. ft. b. Con&ttonal Use Permtt re Open Space C, Vartance Appeal re certain elements of the Subdlwslon Ordinance, Section 4.4(b), that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) and reduce required street width Deferred: Recommendation: July 9 and August 13, 2002 INDEFINITE DEFERRAL Apphcation of TRINITY CHRISTIAN FELLOWSHIP for a Con&ttonal Use Permzt re a church at Challedon and South Parliament Drives (5245 Challedon Drive), contalmng 16,247.88 square feet. (DISTRICT 2 - KEMPSVILLE) Recommendation: APPROVAL Ko APPOINTMENT PARKS AND RECREATION COMMISSION L UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT 10/03/02 AGENDA 10/011102\gW If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call. TDD only 427-4305 (TDD - Telephonic Devine for the Deaf) MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 8 October 2002 Mayor Meyera E Oberndorf called to order the CITY MANAGER'$ BRIEFING re AMENDMENT TO R-5S DISTRICT tn the Ctty Council Conference Room, City Hall Butldtng, on Tuesday, October 8, 2002, at 1 30PM Counctl Members Present Margaret L Eure, Louts R Jones, Reba S McClanan, Vtce Mayor Robert C Mandtgo, Jr, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood Counctl Members Absent Ron A Vtllanueva [Entered 2 46 P MI -2- MAYOR'S COMMENTS ITEM # 50242 Mayor Oberndorf attended the "Virginia Hospitality and Travel Association, a Taste of Virginia Gala", October 7, 2002 The event was held at the Shirley Plantatton, just outstde of Rtchmond The Mayor &splayed pocket mformatton comptled by the Vtrgmta Beach Conventton and Vtsttor Development Tourtsm facts were stated t e over 3-MILLION overnight visitors, the annual visitor spending $647.9-MILLION and the Virginia Beach Tourism had a $1.3-BILLION economic impact on the region These handt-facts are readtly avatlable tn a very compact fashton ITEM # 50243 Mayor Oberndorf referenced a very tmpresstve book entttled "Discover our Wild Side" - the Virginia Birding and Wildlife Trail, recetved from Davtd Whttehurst, Dtrector of Wtldhfe Dtverstty- Dtvtston of Vtrgtnta Department of Game and Inland Ftshertes They wtll be sendtng a book for each member of Ctty Counctl Thtspubhcatton encompasses the Prtncess Anne Wtldhfe Management Areas, the Whttehurst Tract, Munden Potnt Park, and Stumpy Lake (hsted as the number 3 spoO There ts no charge to the Ctty The State ts assumtng the costs of pubhshtng ITEM # 50244 Yesterday, October Seventh, the Mayor also attended a luncheon meettng of the Chrysler Museum of ~4rts Advisory Committee The Chrysler Museum has ratsed $30-MILLION to be tnvested for a sptn off $1- MILLIONper year to asstst tn paytng some of the operattng expense of the Museum They are now looktng for another $23-MILLION Thetr ctttzenry has been generous The Mayor informed them Vtrgtnta Beach could not pledge any money, but would be happy to have, as a gtft, The Thoroughgood House, so we could repair and lovingly provtde tts care October 8, 2002 -3- CITY COUNCIL'S BRIEFING AMENDMENT TO R-SS DISTRICT 1:33 P.M. ITEM # 50245 Karen Lasley, Zontng Admtntstrator, detaded tnformatton relattve the proposed amen&nent to the R-5S Residential District The "Shadowlawn Neighborhood" ts composed of the old Shadow Lawn Hetghts plat and the old Ptnewood Plat The area ts zoned R-SS altowmg only smgle famdy restdenttal dwelhngs R-5S has a mtntmum lot width requirement of S feet and mtmmum lot area of S, 000 square feet The R-SS District has umque regulattons pertatmng to nonconformtng lots Shadow Lawn Heights Plat Ortgtnally platted tn Map Book 7, page 14 tn I924 The majortty of blocks are platted wtth 30' x 100' lots Corner lots are 45'by I00 Several blocks have lots 25'by 100' with 30'by 100' corner lots Stze vartes for lots on the water Pinewood Plat Platted tn Map Book 7, Page 132 tn 1926 Majority of lots are 25'by + 120' Deed restrtcttons requtre two lots for a restdenttal butldtng stte Relattve the development, most buyers bought two (2) to three (3) lots and budt small one-story brtck ranch homes Ms Lasley dtsplayed photographtc examples of these homes Infill and Redevelopment Destrabthty and property values went up tn the 1980s Infill and redevelopment on stngle lots Homes constructed on 25' and 30' wtde lots were not tn keeping with the character of the netghborhood Denstty was an issue Examples of these types of homes were deptcted Wtth the adoptton of the 1988 City Zoning Ordinance, new regulattons were tncorporated tn the R5S District: Where one substandard lot ts owned separately = ok to budd on stngle lot Where adjacent, nonconformmg lots are owned by one enttty= cannot sell off one lot separately for development Lots must meet the mtntmum lot wtdth of 50' and mtntmum lot area of 5, 000 square feet Some property owners were chssattsfied wtth the 1988 amendment and beheved thetr property rtghts had been taken Some property owners had bought three (3) lots, budt home on two (2) lots and had tntended to sell off the thtrd lot to finance thetr rettrement or chddren's college educatton October 8, 2002 -4- CITY COUNCIL'S BRIEFING AMENDMENT TO R-5S DISTRICT ITEM # 50245 (Continued) In 1994, a compromtse amendment was adopted Thts amendment allowed property owners to convey one substandard lot, provided: (a) Lot must be a minimum of 35' wide and have a minimum of 3500 square feet in area; and, (b) Remaining substandard lots must be resubdivided to conform. 35-foot Substandard Lots &de yard setbacks reduced to 5' tn order to maxtmtze wtdth of home Allowed a 25' wtde home "Shadowlawn Infill Development gutdehnes" adopted as part of the Comprehenstve Plan Encouraged homes butlt on the 35' wtde lots to be compattble wtth extsttng ranch homes Proportton and destgn 2002 Proposed Amendment Ctvtc League has met wtth Counctlman Maddox and requested that the 35' exemptton be deleted Concerned that the 35' lots are resulting tn dwelhngs that are not compattble wtth the character of the netghborhood Concerned about tncreased denstty Ms Lasley advtsed fifieen (15) of these 35-foot wtde lots have been created Onephotographtc example was &splayed of a home under constructton on a corner lot Another example of a 35-foot lot home was deptcted The Amendment has been drafted, deleting this 35-foot wide exception The Resolutton has been scheduled for the Formal Sesston Resolutton referrtng to the Planmng Commtsston proposed amendments to ~502 of the City Zomng Or&nance (CZO) re dimensional requirements for nonconforming lots tn the R-SS Restdenttal Dtstrtct Other photographs tn&cate the narrowness of the streets, wtth no curb or gutter, attracttve older small cottage homes and a mtx of archttecture Ms Lasley advtsed there are approxtmately thtrty-one (31), 35-foot wtde lots whtch could be developed Counctlman Maddox advtsed the Shadowlawn Ctvtc League approached him approxtmately a month ago wtth a petttton contatntng over three hundred (300) stgnatures, requesttng the 35' exceptton be deleted It was the feehng of staff, as well as the Ctvtc League, the madortty of the proponents of the 35-foot rule, through attrttton, have moved out of the netghborhood Counctlman Maddox does not wtsh to take anyone's tnvestment and make tt an unbuddable lot on whtch they wtll be paytng real estate taxes forever However, the CtvlC League beheves thts ts &mtntshtng the tntegrtty and character of the netghborhood by conttnutng to butld these "shot gun" houses Ms Lasley wtll provtde tnformatton relattve assessments on the larger tnfill developments Robert Scott, Dtrector of Planmng, advtsed Shadowlawn has parttcular character Mr Scott &splayed a house deptcttng the character that defines Shadowlawn (good/sohd/affordable housmg stock) Even tf the property values are htgher, the newer, narrower, taller houses, whtch are &fferent tn character, are not healthy for the netghborhood Mayor Oberndorf advtsed the restdents of North Beach have advtsed smaller homes are bemg purchased, torn down and replaced by these huge structures 3- and 4-stortes htgh The view of the ocean ts obstructed and the character of the netghborhood has changed Counctl Lady Eure advtsed Sandbrtdge has also expertenced these changes October 8, 2002 CITY _$_ COUNCIL 'S BRIEFING AMENDMENT TO R-SS DISTRICT ITEM # 50245 (Continued) Counctlman Maddox referenced the posstbthty of creattng an Archttectural Revtew Committee to retatn the flavor of the oM housing stock The Mayor advtsed Norfolk and Wdhamsburg have Archttectural Review Committees Ms Lasley advtsed these are present tn Htstortc Dtstrtcts Council Lady McClanan beheves Loudon County also has a Revtew Commtttee The City Attorney advtsed voluntary Architectural Revtew groups could be estabhshed to encourage the development of homes tn a certain manner The Ctty Attorney's office shall provtde mformatton relattve the Ctty of Norfolk and Loudoun County's Revtew Commtttee Ms Lasley advtsed the State Code requtres all owners of property zoned R-5S be nottfied tn wrtttng of the proposed amendment The staff wtll provtde tnformatton relattve deahng wtth the nonconformmg lot issue tn other netghborhoods October 8, 2002 -6- CITY MANAGER'S BRIEFING COMMUNITY LEGISLATIVE AGENDA 1:56 P.M. ITEM # 50246 Robert Matthtas, Asststant to the Ctty Manager, advtsed the 2003 General Assembly Sesston wtll hkely pose harder budgetary chotces for the Commonwealth than have not been faced tn 40 years, including the last recession tn 1991 Governor Warner on Tuesday, October 15, 2002, on prime ttme televtston wtll address the announcements on suggested cuts for vartous state departments tn the budget The Governor, on hts own accord, can cut each operattng department by 15%. The General Assembly has also mandated cuts from the overall state budget Every state agency wtll probably have at least a five percent (5%) cut There wtll be no "sacred cows" Mr Matthtas beheves educatton and enforcement will also face reducttons The Ctty ts less dependent upon state revenue than many jurtsdtcttons Local revenue bases are growtng with tncreases prtmartly tn the housing market Northern Vtrgtnta sales tax revenues are decreasing Fatrfax, whtle having problems wtth this revenue, ts revtewtng layoffs There are also major problems tn the commercial and real estate market Fatrfax County and Fatrfax Ctty encompassing approxtmately l- MILLIONpopulatton, generates 28 73% of the State's tncome tax revenue Vtrgtnta Beach generates 4 5 7% The Ctty's compostte index, which drtves the funds recetved back for education, ts less than 34 Fatrfax and Fatrfax Ctty are above 7, whtch means for every $1 O0 expended on meetmg the standards of quahty, Fatrfax must put up $70 O0 The State puts up $30 O0 Vtrgtma Beach puts up shghtly less than $34 O0 and the State puts up $66 O0 The car tax, whtch was projected to cost approximately $400-MILLION, ts now entathng approxtmately $825-MILLION Fully implemented, thts wtll tnvolve an expense of $I 2-BILLION The State has at least a $1 5-BILLIONproblem tn thts btenmum This wtll probably grow to over $2-BILLION There are uncontrollable costs tn medtcatd and the Comprehenstve Servtces Act There ts still awatttng hst of 1,900 tndtvtduals watttngfor placement tn emergency psychtatrtc care The State must try to address thts problem Even with the bleak foundatton, the General Assemblypartnered with the Ctty and planned for the future as Ctty Counctl Members, School Board Members and the General Assembly Delegatton pledged to do when they met tn December 2001 to dtscuss the upcomtng sesston From that partnershtp came a legtslatton that will allow voters of the Commonwealth to vote on a $900-MILLION htgher educatton package tn November, whtch wtll brtng approxtmately $200-MILLION of tmprovements to tnstttuttons tn Hampton Roads A $119-MILLIONpackage of tmprovements to Parks and Recreatton facthttes across the Commonwealth, whtch tncludes approxtmately $3-MILLION for Vtrgtnta Beach and perhaps most importantly, gives voters the opportumty to vote on a one percent sales tax increase to fund the six major transportation projects that are the key to the regton's economtc vttahty The Ctty Counctl unanimously supported these three referenda tn resoluttons Mr Matthtas cited the Charter Amendments There are numerous reverences tn the Ctty :~ Charter where the term borough ts utthzed Counctl members are no longer elected by boroughs, but by districts The proposed changes to the charter are to change the word "borough' to the term "dtstrtct" as well as other housekeeptng ttems Amend the provtstons of Charter ~2 02 and 3~3 03, as well as the title of Chapter 3, to replace outdated references to "boroughs" wtth the term "dtstrtcts" The proposed changes are not substantive tn nature Repeal the portion of City Charter 3 04 concermng the salartes of the Ctty Council and Mayor, and amend the tttle of the section accordtngly The subject of City Counctl salartes ts controlled by Vtrgtnta Code 3~15 2-1414 6 The proposed amendments are not substanttve tn nature The rematntng portton of Ctty Charter 3~ 3 04 would rematn as wrttten Amend Ctty Charter ~ 2 01, 3 09, and 16 06, to update references to certatn sections of the Vtrgtma Code that have been re-codtfied The proposed amendments are not substanttve tn nature Delete Ctty Charter 3~ 16 02, and amend 3q 16 04, whtch refer to appotnted School Boards and the transttton to an elected School Board The proposed amendments are not substanttve tn nature These Charter Amendments will be advertised for a Public Hearing on October 29, 2002 October 8, 2002 -7- CITY MANAGER'S BRIEFING COMMUNITY LEGISLATIVE AGENDA ITEM # 50246 (Continued) Mr Matthtas cited the Non-Funding Issues Telecommunication Fees The General Assembly ts requested to make changes to the current formula to provtde an equttable &strtbutton that ts more representattve of each locahO~ 's contrtbutton wtth respect to the Wtreless 911 surcharge managed under Vtrgtnta State Code Personal Watercraft Regulations The General Assembly ts requested to modtfy State Code 3~29 1- 744 1 Under the current code, a locahty can enact a &stance of less than fiftyfeet from shore that personal watercraft would have to operate at slower speeds Locahttes can enact a &stance greater than fiftyfeet and tn Vtrgmta Beach we respectfully request 200feet The General Assembly ts requested to amend the Code of Vtrgtnta to create a water destgnatton "Pass through Zones" wheretn boaters would be allowed to transtt through designated waterways at crutstng speeds, but would not be allowed to lotter or maneuver for recreatton Thts change ts necessary because many of the waterways tn Vtrgtnta Beach are very constricted and carry a large amount of traffic If persons lotter tn any ktnd of watercraft, they may cause dangerous congestton and/or accidents The General Assembly ts requested not to enact a law requtrtng the use of spdl- proof fuehng devtces for personal watercraft Prorating of License Taxes The General Assembly ts requested to amend the State Code so that tnterest on bustness hcense refunds requtred due to a bustness hcense clostng ts only requtred to be pard from the date the tax ts pard to the date that the bustness closes (3~58 1-3 710 Prorattng of hcense taxes that changed) Interest on any such refund shall be payable from the date of the payment of the hcense tax to the date upon whtch theperson, firm or corporatton permanently ceased to engage tn such bustness, trade, profession, occupatton or calhng wtthtn the county, ctty or town Prohibitions on Former Employees (requested by Council Lady McClanan) Under the current code, the ctty ts not allowed to prohtbtt former officers and/or employees from recetvtng compensation for services they provtde tn connection wtth matters.[or which they participated personally and substantially as a ctty employee Thts revolvtng door program allows officers and employees to leave ctty employment and then provtde the same servtces to the city through a contractor The General Assembly ts requested to amend State Code 3q15 2-1408 whtch would prohtbtt former City Council or City Offictals from parttctpattng tn thts type of acttvttyfor two years after thetr term of office ends Thts amendment would add the verbtage cities, population of more than 425,000, city council or city officers and for two years Destruction of Misdemeanor Arrest Warrants, Etc Under the current code, the ctty must watt three years before destroytng unexecuted mtsdemeanor arrest warrants, summonses and captases that u, ere tssued tn error or are no longer vtable For example, processes tssued as a result of mtstaken tdenttty, against a "homeowner" who no longer owns the subject property, or for a person who ts deceased must be matntatned for three years even tf the error's known Unttl the warrant ts destroyed, tt rematns tn the law enforcement agency's computer system, posstbly subjecttng an tnnocent person to unnecessary and tnconvement pohce encounters The request ts for the General Assembly to amend State Code 3~19 2-76 1 October 8, 2002 -8- CITY MANAGER'S BRIEFING COMMUNITY L E G IS L,4 TI VE ,4 G END ,4 ITEM # 50246 (Continued) Inspection Warrants for Building Code Violations Under current code, only a court may issue a warrant for determtntng whether there ts a suspected violation of the Butldtng Code, which ts an tmmedtate and imminent threat to the health and safety of the owner or tenant of a restdenttal dwelhng unit or a nearby residential dwelhng umt, and where the owner or tenant of the restdenttal dwelhng unit that ts the subject of the complatnt has refused to allow the butMtng official or his agent to have access to the subject dwelhng The Ctty ts requesting magtstrates be allowed to issue these warrants whtch would expe&te the procedure and provtde better safety for the ctttzenry The General Assembly ts requested to amend State Code ~36-105 Councdman Wood had a concern relative thts ttem as tt refers to entering one's prtvate home Andrew Friedman, Dtrector of Housmg and Netghborhood Preservatton, shall confer with Counctlman Wood Summons for Delinquent Parking Citations Under the current code, the local admtmstrattve official, whtch tn Vtrgtnta Beach's case ts the Treasurer, must request the Magtstrate to tssue summons for dehnquent parktng cttattons Thts puts a tremendous admtntstrattve burden on the Magistrate's office since hundreds of these summonses may be prepared at any one time Furthermore, having the Magistrate prepare the summons duphcate work that the Treasurer's office has done, and the Pohce Department must serve the warrant The General Assembly ts requested to amend the code so that the Treasurer could tssue the summons dtrectly and the Shertff's office could serve the summons rather than the Pohce Department The General Assembly ts requested to amend State Code 3~46 2-1225 Collection of Delinquent Parking Citations Under the Department of Motor Vehtcles (DMV), the Treasurer may enter tnto an agreement wtth the Commtsstoner where the Commtsstoner of DMV would refuse to issue renewed vehtcle regtstrattons for any apphcant who owes to a county, ctty, or town the local vehtcle hcense fees or dehnquent tangtblepersonal property taxes In order to fully utthze the DMV Commtsstoner's power, we are requesttng that thts abthty be extended to dehnquent parktng citations as well The proposed amendment would permtt the Ctty Treasurer to use the DMV'S vehicle regtstratton process as a means of collecttng dehnquentparktng cttattons The request ts for the General Assembly to amend the State Code 3~ 46 2- 752 Removal of Trash, Cutting of Grass and Weeds Penalties Under extsttng code ~15 2-901, the ctty may prescrtbe charges agatnst property owners for the removal of trash, cuttmg of grass and weeds, and the proper dtsposal of trash The Ctty desires to have the abthty to assess ctvd penalttes as prescrtbed by law for vtolattons of ordmances prohtbitmg the overgrowth of weeds, grass and other vegetation, accumulatton of trash and proper chsposal of trash This would be tn addttton to the abthty locahttes now have to put hens on properttes that have such vtolattons The request ts for the General Assembly to amend the State Code 3~15 2-901 The ctvd penaltyfor any one vtolatton shall be $100 Councd Lady Wdson expressed concern and beheves the ctvd penalty should be up to $100 Mr Matthtas advtsed, unless there ts a patron for thts amendment, the fee wdl probably commence at $25 OO per day The Ctty Manager advtsed for a contractor to perform thts servtce, the mtmmum charge ts $100, even for the smallest lot k'tce Mayor Man&go advtsed the owner ts charged separately for the cutting of the grass Mr Matthtas advtsed $100 ts a standard ctvd penalty October 8, 2002 -9- CITY MANAGER'S BRIEFING COMMUNITY LEGISLATIVE AGENDA ITEM # 50246 (Continued) Recovery of Attorney's Fees In the last General Assembly the Ctty requested an amendment to the code to permit the recovery of attorney's fees tn sttuattons where legal action ts taken to requtre a property owner to phystcally connect to the City's utthty system Extsttng language hmtts collection of attorney's fees to sttuattons tn whtch connection fees are unpatd Wtthout thts legtslatton, utthty customers throughout the ctty substdtze the expenses created by ctttzens who do not comply with the mandatory connectton ordtnance until compelled to do so by legal actton The request ts for the General Assembly to amend the State Code 3~15 2-2122 When legal actton ts requtred to compel a property owner to comply wtth any mandatory connectton ordtnance, then a locahty shall be entttled to recover its reasonable attorney's fees tn any action to compel such connection Weapons in Publicly Funded Mental Health/Mental Retardation/Substance Abuse Services Under the current code, the ctty cannot prohtbtts person from brtngtng weapons of any type tnto places where pubhcly funded Mental Health/Mental Retardation~Substance Abuse servtces are betngprovtded For tnstance, a chent may be vtstttng a Vtrgtnta Beach Communtty Servtces Board facthty to recetve drug counsehng or therapy and may brtng a weapon mto the facthty, placmg the workers at rtsk. The General Assembly ts requested to amend the State Code to allow pubhcly funded Mental Health/Mental Retardatton/Substance Abuse facthttes to prohtbtt chents from brtngtng any type of weapon into a facthty where servtces are betng provtded Mr Matthtas advtsed the Ctty Counctl Chamber cannot be included tn the Btll A weapon can be carrted into the General Assembly butldtng Concern was expressed as there are otherpubhc butldtngs such as the schools, whtch should be included Mr Matthtas advtsed schools, and court butldtngs are separate cases However, Parks and Recreatton facthttes, unless there was a pre-extsttng 1987 code sectton as the Ctty of Norfolk has, or any other pubhc butldtng, there ts no prohtbttton and he does not beheve there will be a prohtbttton The General Assembly ts very second amendment friendly Counctl Lady Wtlson beheves thts should at least be requested of the General Assembly Mr Matthats advtsed tf the Ctty were to recetve authortty to prohtbtt guns from all pubhc buddtngs, there are costs entatled Councilman Wood satd this ts actually addressed tn the Pubhc Safety Addendum 3~18 2-283 1 Carrytng weapon into courthouse, etc Post Labor Day Opening for Schools The Vtrgtnta Beach tourtsm tndustry provtdes our ctty wtth $630-MILLION per year tn tourtsm spendtng Hampton Roads recetves $1 3-BILLION from Vtrgmta Beach's tourism Starting schools tn Vtrgtnta Beach and other locahttes tn the Commonwealth prtor to Labor Day would have stgntficant financtal consequences tn the long term Begtnntng schools prior to Labor Day would ehmtnate two weeks tn August, whtch ts prtme famtly vacatton ttme that cannot be replaced If the Vtrgtnta Beach school system begtns before Labor Day and other locahttes follow our lead, tt wtll have a negattve effect on the economtc tmpact of the tourtsm tndustry To a lesser extent thts wtll also have an tmpact on thts tndustry by affecttng the labor pool available during this timeframe The General Assembly ts requested to matntatn the extsttng legislation concerning post Labor Day opentng of schools Thts allows all schools to open after Labor Day, except those gtven exempttons by the State Board of Educatton October 8, 2002 -lO- CITY MANAGER'S BRIEFING COMMUNITY LE GISL,4 TIVE A GEND,4 ITEM # 50246 (Continued) Support for Inclusion of"Sexual Orientation" in any proposed "Hate Crimes" Legislation Under the current code, there are enhanced penalttes for certatn crtmes ~f the person who commzts the crtme selects his or her vtcttm because of the vtcttm'S race, rehgtous convtcaon, color or national ortgtn These crtmes are generally referred to collectively as "hate crimes" Dunng tts 1998 and 1999 Sessions, the General Assembly constdered, but dtd not adopt, several bdls, whtch, ~f adopted would have expanded extsttng "hate crtmes" legtslatton to mclude any vtcttm selected because of hts or her sexual ortentatton The Ctty Councd supports the tncluston of "sexual ortentaaon" tn any "hate crtmes" Prescription Medications A large segment of the elderly populatton cannot afford the prescrtptton medtcations needed, whtch ts a growtng threat to their health and well betng The Nurses and Nurse's Aid South Hampton Roads Coahtton on Agtng of[ers proposals for change and solutton Develop and tmplement a "Prescrtptton Drugs Only" component of Medtcatd for mtddle mcome elderly and dtsabled to purchase Medtcattons avadable would be the same that are avadable to Medtcatd rectptents The money to payfor the prescrtptton program be harvested from two "voluntary" tax opttons the lottery and a state tncome tax check-off box.for persons due to recetve a refund Relattve the issue of the state lottery, tt was verbally understood, but never codified tnto law, that the proceeds from the lottery would be dtvtded equally between educatton and the elderly, whtch has never matertahzed Nurse and Nurse's Atds Development of new plans to retatn and tmprove the worktng condtttons and wages of regtstered nurses (RN), hcensed practtcal nurses (LPN) and certtfied nurse atdes (CNA) Medtcal care has reached a crtsts potnt Retentton must be emphastzed, tmplemented and reahzed for RNs, LPNs and CNAs Improved worktng condtttons and regular hours should become a prtonty wtthtn hospttals, long- term care facthttes, and home heath agenctes Careerpaths for CNAs should be estabhshed to encourage recruttment Pay for nurses, and espectally for the CNAs, must be revtewed and tmproved Ratse Medtcatd reimbursement rates to nurstng homes and communtty based watver/personal care, and dtrect the tncrease to ratse the CNA wage Complete nattonal crtmtnals check ton all candtdates for CNA Postttons Provtde tn-service tratmng that emphastzes the "human element" of gentleness and ktndness Funds to payfor the state RN and CNA programs be harvested from two "voluntary" tax opttons the lottery and a state tncome tax check off box forpersons due to recetve a refund Increase in Voter Participation The General Assembly ts requested to amend the State Code of Vtrgtnta to estabhsh pdot onhne vottngprograms tn Hampton Roads and Northern Vtrgtnta These programs could be estabhshed wtthout any rtsk o f fraud and could lead to wtdespread onhne vottng throughout the Commonwealth tf the General Assembly ts not wdhng to estabhsh an onhne voang trad tn Hampton Roads and Northern Vtrgtnta, then a Study Commtsston should be estabhshed to examtne other state successes, costs, etc Onhne vottng can be made very safe and secure through 128-btt encryptton technology October 8, 2002 -11- CITY MANAGER'S BRIEFING COMMUNITY LEGISLATIVE AGENDA ITEM # 50246 (Continued) Same Day Voter Registration The General Assembly ts requested to allow the Regtstrar's Office of local governments to perform same day voter regtstratton servtces betng currently provtded tn many other states Counctl Lady Eure expressed concern and would not support the parttcular sectton due to the number of voters Mr Mathtas referenced Councilman Vtllanueva's request for draft legtslatton to allow the Development Authority to be increased to either rune (9) or eleven (11) members An Act to amend and reenact 3~ 3, as amended, of Chapter 643 of the Acts of Assembly of 1964, relattng to development authortttes, by tncreastng the number of commtsstoners tn the Ctty of Vtrgtnta Beach Counctlman gtllanueva advtsed one of the top prtortttes for the Ctty Counctl ts economtc development In conferrtng wtth bustness leaders, tt became apparent the Development Authortty reflects the same number of members as Ctty Council There was dtscusston relattveposstble can&dates for membership Membershtp could be expanded and asstst wtth solvtng tssues relattve a quorum Counctlman Vtllanueva also suggested tying tn membershtp re how the Mtnortty Business Counctl tnteracts wtth the Development Authortty Counctlman Vtllanueva requested thts concept be encouraged throughout the state Counctlman Vtllanueva advtsed he ts pushtngfor a member of the Mtnortty Bustness Council to serve on the Development Authortty Conferrtng with members of the Mmortty Bustness Counctl, many have spectfic talents t e Sylvta Strtckland- Prtmm, the current Chatr, ts excellent re procurement tn mthtary contracts, Loutsa Strayhorn (former Counctl Member) ts very networked tn the Afrtcan Amertcan commumty In hts mtervtew wtth Don Maxwell, Dtrector of Economtc Development, he beheved there should be more emphasts on mtnortty bustness development The two go "hand tn hand" Counctlman Vtllanueva advtsed former member Edward Hamm ts now a Dtrector of the State Mtnortty Bustness Enterprtse and ts worktng to determtne tf some components of state and ctty contracttng have tntttattves geared towards mtnortttes Vice Mayor Man&go understood the Development Authority was not acttvely seektng business, but revtewtng proposals for issuing revenue bonds Mayor Oberndorf beheves thts would be healthy to have the Mtnortty Bustness Council "at the table" Counctl Lady Eure beheves the Ctty Counctl needs to be more dtverstfied and reach out to other mtnortttes rather than appotnttng the same members Councilman Jones, Ltatson to the Development Authortty, advtsed there have been several occasions where the Development AuthortO2 dtd not have a quorum unttl late tn the meettng Counctlman Jones concurred wtth the appotntment of a mtnortty representattve Funding Issues Virginia Marine Science Museum Base Realignment and Closure Commission Funding for Education Funding for the Comprehensive Services Act (CSA) Funding for Community Services Board (CSB) Funding for the Pavilion Convention Center Virginia Beach Public Libraries; Full Funding of State Aid Funding for Contemporary Arts Center of Virginia The Army Corps of Engineers 216 Study of Kerr Reservoir Hydrilla Eradication and Management on Lake Gaston Convention and Visitor Development Rock-N-Roll Half Marathon Maintain and increase the availability of Public Guardianship Virginia Caregivers Grant Program (Sponsored by Counctl Members Wtlson and Vtllanueva) October 8, 2002 - 12- CITY MANAGER'S BRIEFING COMMUNITY LEGISLATIVE AGENDA ITEM # 50246 (Continued) Relattve Counctl Lady Eure's concern, tnformatton relattve Phragmttes control shall be fitrmshed Mr Matthtas advtsed the Public Safety Addendum are ttems requested by the I,'trgtma Beach Pohce Department These tssues are statewtde tn thetr tmportance and are provtded for informational purposes only for City Council. The Sheriff's Assoctatton or the Vtrgmta Pohce Chtefs 'Association or the Fraternal Order of Pohce should pursue these tssues Mr Matthtas referenced the addttton of an tssue §2.2-4303.1 Multiphase professional services contract In any ctty wtth a population greater than 400,000, multtphase professtonal servtces contracts sattsfactory and advantageous to the Ctty for envtronmental, locatton, study, design or mspectton work regardtng constructton or mfrastructure proJects may be negottated and awarded based on a fatr and reasonable prtce for the first phase only, when completton of the first phase ts necessary to provtde tnformatton critical to the negottatton of a fatr and reasonable prtce for succeedtng phases Prtor to the procurement of any such contract, the ctty shall determtne tn wrtttng that the nature of the work ts such that the best tnterests of the Ctty requtre awardtng the contract on thts basts Counctl Lady Wtlson tnqutred relative the pursutt of a "rainy day fund"for the School Board Thts year, the Schools have $18-MILLION left over The Mayor advised the funds the Schools have left over, whtch the Ctty Counctl returns to them, has been htstortcally utthzed for those Capttal Projects that wouM not cause a reoccurrtng cost There ts a fine hne between the "ratny day fund" that mtght be used for operattons and those whtch would create an ongotng cost The Ctty Attorney, Mr Matthtas, Patrtcta Phtlhps -Dtrector of Ftnance and Catheryn I~ghttesell- Dtrector of Resource Management, wtll research and advtse The Ctty Manager advised tt has been the pohcy tn the past that there wouM be only one Undestgnated Fund Reserve, whtch ts tted back to the debt structure The Ctty ts exclustvely responstble for repayment of that debt The School Dtvtston ts not The pohcy of the Ctty has been to have one reserve fund that would essenttally be managed by the Ctty Counctl rather than creattng multtple kinds of reserves Counctl Lady' I'Vtlson beheves the best way to handle this concern ts tn dtscusstons on the revenue shartngformula Vtce Mayor Man&go and Counctlman Jones were not tn favor of a "ratny day fund" IfS18-MILLION rematns thts year, the Ctty Counctl should dectde how the schools expend these funds Mayor Oberndorf advtsed she spoke wtth Chatrman Dan Edwards and he relayed by an 11-0 vote, the School Board wtll request the Ctty Counctl to allow the Schools to expend these funds on capttal projects (one ttme expendttures) Mr Matthtas advtsed the pre-fihng deadhne for the Legtslattve Package ts December 12, 2002 Mr Matthtas advtsed the Ctty Counctl wtll confer on December Second with the General Assembly Delegatton and the School Board relattve the Legtslattve Package The meettng will be at the new offices of Economic Development tn Town Center P F Chang's wtll be catertng the affatr October 8, 2002 - 13- CITY MANAGER'S BRIEFING SANDBRIDGE ROAD/NIMMO PARKWAY CORRIDOR $:25 P.M. ITEM # 50247 E Dean Block, Dtrector of Pubhc Works, advised on February 6, 2001, Ctty Counctl pursued the development of the Sandbrtdge Road Corrtdor as the prtmary corrtdor to hnk the reset of the Ctty to Sandbrtdge &ncc that ttme, the Ctty has been accomphshtng the necessary prehmtnary engtneertng to determtne the cost of such projects and tdenttfy various posstble ahgnments, The CA C has been meeting on a monthly basts stnce February 2002, developtng alternattves, concepts and absorbtng transportatton and traffic issues The CAC recommended an ahgnment on September 3, 2002 Thts design must be to current Ctty and Vtrgtnta Department of Transportatton (VDOT) standards The Consultants, Vanasse Hangen Brustlin, Inc, were employed to conduct the Study relattve the Sandbridge Corridor improvements Mr Block recogmzed Bobby Hester, P E, ProJect Manager with Vanasse Hangen Brustlin, Inc (VHB) The Ctttzens Advtsory Board (CAC) advtsed fifiee, n (15) members parttctpated on the Citizens Advisory Committee Mr Hester tntroduced those members tn attendance Councilman Jim Reeve Chairman Molly Brown Drew Lankford Eric Anderson The Sandbridge Corridor Improvements has a project webstte whtch contatns tnformatton and &splays graphtc of the alternattve ahgnments There were over 800 htts to thts webstte Group Meettngs were held at Tabernacle and Ntmmo Churches and Sandbrtdge, Lago Mar and Lotus Garden Farms Ctvtc Leagues Thts mformatton wtll be presented at a Citizens Information Meeting on Thursday, September 5, 2002 (4 30 P M to 7 30 P M) at Red Mtll Elementary School Thts meetmg was attended by over four hundred (400) restdents 310 comments were received as of September 18, 2002 18 were form the web site 21 out of are comments received (Florida, West Virginia and Australia) Only the Sandbridge Road Corridor was presented durtng thts meettng Mr Hester summartzed the questtons and responses Dtd you prefer alternative 1, 2, 3, or 4, or a combtnatton of these and why? What are your safety concerns along the roadway? Do yo thtnk the proposed tmprovements wtll decrease acctdent? Please provtde any tnformatton that you feel wtll asstst tn developtng the destgn of th ss project SUMMARY OF COMMENTS (Questsons 1 -3) 150 comments requested Ntmmo Parkway as the primary corrtdor 56 ctttzens thought safety was a concern 31 ctttzens wanted no tmprovements 49 ctttzens requested mtnor safety tmprovements Dedtcated btke lane was requested (safety) Pedestrtan walkway requested Faster tmprovement schedule noted October 8, 2002 - 14- CITY MANAGER'S BRIEFING SANDBRIDGE ROAD/NIMMO PARKWAY CORRIDOR ITEM # 5024 7 (Continued) 71 Comments Received on Alignment Preference Alternative 1: 44% minimization of impacts to environment Alternative 2: 13% Alternative 3: 15% improving Red Mill Elementary access/parking Alternative 4: 28% minimization of impacts to Lotus Garden Question 4: What recreational opportunities you want to see incorporated into the project/Do you prefer one 8-footpath on both sides of the road or a single 12-footpath on one side with a sidewalk on the other side? Mayortty agreed path was needed 45% wanted 12'path on one stde 5% wanted 8"path on both stdes Request for off-corridor trail~horse tratl 3% tndtcated a need for recreational access Question 5; Do you feel the information was clearly presented at the meeting and do you understand the options for improvements? Majortty felt tnformatton was presented well Question 6: For each roadway section identified in parentheses on the following chart, please indicate your preferred alignment (1,2,3 or 4) and preferred typical section (90', 110 ', 143 9. Majortty selected Ahgnment 1 90' r/w chose to mtntmtze tmpacts to environment Hybrtd ahgnments presented to CA C tn September tncorporated comments At the September Twenty-stxth Ctttzens Advtsory Commtttee meeting two (2) Hybrtd Ahgnments were presented, based on all pubhc comment The Hybrtd Ahgnment basically follows the path of the extsttng roadway In general, the ahgnment wtll tmprove the Upton, Sandbrtdge, Prtncess Anne and General Booth intersections It wtll move away from Ntmmo Church and allow them to uttltze some of thetrproperty on the southstde The ahgnment wtll stay rtght on the edge of the wetlands through that area As the ahgnment progresses past the Cathohc Church and the parks, tt swings away allowtng Red Mill School more room to tmprove thetr access and parktng situation In front of Lago Mar, Hybrtd Ahgnment 1 and 2 dtffer Hybrtd 1 runs south through the Htllproperty behtnd the homes of Lotus Garden and back onto extsttng Sandbrtdge Road Hybrtd Ahgnment 2 uttltzes the extsttng Sandbrtdge Road and tmproves the curve at Flanagans Lane After that the ahgnment proceeds by Tabernacle Church on the extsttng roadway and followtng extsttng ahgnment through McClanan 's Curve and stratghten the curves at the Oceanfront The Oceanfront section ts the one wtth the on-streetparktng and the me&an, whtch werepresentedprevtously Overwhelmtngly the Ctttzens Advtsory Commtttee selected Hybrid Alignment 1. Mr Block retterated the Sandbridge/Nimmo Corridor Comparison Ltmtts of analysts Addtttonal prehmtnary engineering and survey reqmred Wetlands confirmatton reqmred Conservattve analysts for both corrtdors Transportation Need Summary General Booth Boulevard to Upton Drive requtres 8 lanes Four lanes extst on Ntmmo Parkway Two (2) addtttonal lanes on Princess Anne Road are needed Upton Drtve to Atwoodtown Road requtres 6 lanes 4 Ntmmo/2 Sandbrtdge or 2 Ntmmo/4 Sandbrtdge Atwoodtown Road to Sandbrtdge Beach reqmres 2 lanes that meet standards October 8, 2002 - 15- CITY MANAGER'S BRIEFING SANDBRIDGE ROAD/NIMMO PARKWAY CORRIDOR ITEM # 50247 (Continued) Sandbridge Road Corridor Improvements Prtncess Anne Road and Sandbrtdge Road 4 lanes chvtded from General Booth Boulevard to Las Brtsas Drtve Sandbrtdge Road two (2) lane roadway from Atwoodtown Road to Sandfiddler Road Nimmo Parkway Corridor Improvements Four (4) lane chvtded roadway from Upton Drtve to Atwoodtown Road, transttton to 2 lanes after Atwoodtown Road Two (2) lane roadway from Atwoodtown Road to Beach, usmg Ntmmo Parkway as primary corrtdor Other Improvements If Sandbrtdge rematns the preferred corrtdor, then a 2-lane extenston of Ntmmo Parkway from Upton to Atwoodtown ts needed to serve as a netghborhood collector Ctty cost of $800,000 was tncluded tn the Sandbrtdge Capttal Improvement Program A replacement bridge over Hell's Point Creek will be reqmred tn the future Mmtmum traffic safety tmprovements along Sandbrtdge Road from Atwoodtown to McClanan's Curve, tf Ntmmo ts the preferred corrtdor ProJect cost ts - SI- MILLION BRIDGES OVER WETLANDS Brtdge Ashvtlle Brtdge Creek Hell's Point Creek Sandbrtdge Road Ahgnment 540feet 0 5 acres wetlands $3 5-MILLION 400feet 0 3 acres wetlands $2 7-MILLION Ntmmo Parkway Ahgnment l lOOfeet 1 3 acres wetlands $ 7 I-MILLION N/A Lan dscaping/Recreation/A esthetics Same level of treatment ts reflected for each ahgnment $41 per hnear foot - 4 lane sectton, 17per hnear foot - 2 lane section One (1) canoe launch per project - $ 75, 000 Current cost esttmates dtd not tnclude the Vdlage Concept, multtple recreattonal amentttes, or Sandbrtdge Beach arrtval planntng opttons October 8, 2002 -16- CITY MANAGER'S BRIEFING SANDBRIDGE ROAD/NIMMO PARKWAY CORRIDOR ITEM # 5024 7 (Continued) PROJECT SUMMARY Transportatton ProJect Descrtptton Sandbrtdge Road as the Ntmmo Parkway as the Prtmary Corrtdor Prtmary Corrtdor Necessary Prtncess Anne Road (4 lane) $ 8,350,000 - $ 8,600,000 $ 8,350,000 - $ 8,600,000 Prtmary Sandbrtdge Road (4 lane & 2 lane) $ 27,400,000 - $31,400,000 - Segments Ntmmo Parkway (4 lane) - $13,050,000 Ntmmo Parkway (2 lane) - $11,600,000 TOTAL $ 35, 750,000 - $40,000,000 $33,000,000 - $33,250,000 Addtttonal Ntmmo Parkway (2lane) $ 3,500,000 - Network Sandbrtdge Road Safety $1,000,000 GIL4ND TOTAL $ 39,250,000 - $43,500,000 $34,000,000 - $34,250,000 Next Steps Consider authortztng complete "apples to apples" analysts Plus or mtnus $200,000 cost Counctl approval to use extsttng project ts requtred Involves meettng wtth regulatory agencies regardtng Ntmmo Parkway 120-180 days for study Constder determtntng prtmary corrtdor based on avatlable tn formation CA C recommendatton for Sandbrtdge Road Ntmmo Parkway ahgnment tdenttfied or Constder selecttve tmprovements or no actton Relattve the permttttng process, Mr Block beheves Sandbrtdge would requtre an Envtronmental Analysts and on Ntmmo Parkway a complete Envtronmental lmpact Statement The delay would tnvolve engtneertng and analysts Mr Block beheves the receptton by the Envtronmental Agenctes would be more favorable for Sandbrtdge than Ntmmo Parkway Mr Block referenced the Ashvtlle Creek Brtdge was at one ttmeprojected to be 400feet, then tncreased to 800 and finally 1 l OO feet Counctl Lady Eure stated the studies on Ntmmo Parkway of approxtmately four (4) years ago should sttll be able to be utthzed There would only be one brtdge for the Ntmmo Parkway Ahgnment, but two for the Sandbrtdge Road Ahgnment Mr Block advtsed addtttonal approprtattons would not be necessary, Mr Hester would be dtrected to change hts focus The Ctty Attorney 's office has advtsed theproject would not have to be rebtd, the same firm could be uttltzed to make the "apples to apples" comparison The wetland dehneattons have not been developed for Ntmmo Parkway Thts could affect the length of the brtdge The staff has not attempted to define hfe cycle costs of these facthttes Thts ts a hard and soft construction cost, land acqutsttton, destgn and landscaptng conttngency Counctlman Schmtdt suggested the regulatory agenctes brtef Ctty Counctl at a future sesston relattve these issues Councdman Reeve DISCLOSEDpursuant to Sectton 2 2-3115(G), Code of Vtrgtnta re Sandbrtdge Corrtdor Improvements project Hts primary residence ts located at 1476 Lotus Drtve One of the four opttons tnvolved havtng Lotus Drive one-way Under that option none of his land would be under constderatton for acqutsttton The Ctty Attorney has advtsed that thts tnterest does not meet the crtterta of a personal tnterest and he ss able to parttctpate tn consideration of the Project fatrly, objecttvely and tn the. pubhc tnterest Counctlman Reeve's correspondence of September 16, 2002, ts hereby made a part of the record Counctlman Reeve beheves the Federal wtldhfe wetlands are extenstve on Sandbrtdge Road The Brtdge lengths should be stmtlar, tf compartng "apples to apples" Thts process started tn 1971 and not one thtng has been done to tmprove the safety of the restdents tn the Sandbrtdge Corrtdor area If SI-MILLION ts allocated to safety tssues, tt should be expended Safety tssues relattve McClanan's and Flanagan 's curve need to be fixed Transportatton capactty tn the future ss another issue and should be addressed The full evaluatton of the wetlands re Ntmmo (on the east side of the Creek) should be performed Mr Block advtsed, tf the Ntmmo Parkway Corridor ss chosen, the road would be placed tn the Vtrgtnta Department of Transportatton (VDOT) Que and hopefully there would be a potenttal for fundtng The VDOT program has been evtscerated by cuts Four (4) majorprojects are funded onlyforprehmtnary engtneertng and rtght-of-way or prehmtnary engtneertng only Elbow Road, In&an Rtver Road, two Wttchduck Road ProJects (from Prtncess Anne/Kempsvtlle and from the Interchange to Vtrgtnta Beach Boulevard) October 8, 2002 -]7- CITY MANAGER'S BRIEFING SANDBRIDGE ROAD/NIMMO PARKWAY CORRIDOR ITEM # 50247 (Continued) Relattve Ntmmo, Mr Block advtsed the cost to dehneate wetlands would be approximately $60,000, whtch would tnclude an opportumty to meet wtth some of the regulatory agenctes Mr Block beheve, s the regulatory agenctes would be reluctant to brtef Ctty Counctl However, the City Counctl Ltatsons would be tnvolved tn the meettngs If the Ctty Counctl were to tndtcate its preference to move forward on Ntmmo, tn approxtmately 60 to 90 days, the staff would report back to City Counctl with a cost and a Ctttzens Advisory Counctl recommendatton Mayor Oberndorf tnqmred whether there are multtple paths destgned for Ntmmo VII comparable to the ones for Sandbrtdge Road east of Atwoodtown Road Mr Block advtsed the paths are comparable Mr Block advtsed there ss posstbly one house whtch would have to be taken and dtsplayed the locatton Mayor Oberndorf requested responses tn wrtttng to her questtons presented to the City Manager Do the engtneertng costs tnclude the norse abatement walls and stop hghts as denoted tn the Wtley Wtlson study of 1998 Mr Block advtsed the costs would tnclude stop hghts, but not sure of norse abatement walls unttl further tnto the destgn There ts a 1 lO-foot right-of-way through there Ulttmately the questton of sound walls rests wtth the people affected by the sound walls Mr Hester advised Vanasse Hangen Brustlin, Inc were tn the process of gathertng sound data to vertfy on Sandbrtdge Road Mayor Oberndorf tnqutred relattve accommodattons made for the commerctal development, the potenttal for the three acres at the corner of Atwoodtown Road and Ntmmo Parkway and the slx acres at the corner of Camtno Real and Ntmmo Parkway and what costs mtght these entail tn butldtng the Parkway? Mr Block advtsed none of the land tssues have been addressed on esther corrtdor for zomng acttons or development permtts In theprehmtnary cost studtes, $1-MILLIONwas recommended to be expended on Sandbrtdge Road for safety However, tn the 1998 Wiley and Wtlson study, $4-MILLION was stated as necessary for short term traffic safety management Mr Block advised the scope of the safety project whtch was at one ttme tn the Capttal Improvement Program for Sandbrtdge Road and then removed by thts Ctty Counctl tn February 2001 and the fundtng reprogrammed The scope of that project was to avotd the taktng of right-of-way The project basically tnvolved safety wtthtn the extsttng rtght-of-way Mr Block beheves the Wtley study was more comprehenstve The Mayor referenced tn the wrttten summary, the type and quahty of wetlands by regulatory defintttons ss constdered more ecology valuable along the Ntmmo Parkway ahgnment then ts found along the extsttng Sandbrtdge Road Mr Block advtsed the $60,000 cost ss a detatled dehneatton of the wetland area If tt ts Ctty Council 's pleasure to perform a safety project on Sandbrtdge Road, guidance must be provtded to the Ctty Manager regardtng the Capital Improvement Program Coptes of the wrttten responses to the Mayor's questtons shall be provtded to the Mayor and Ctty Counctl BY CONSENSUS, Ctty Counctl chrected the staff to proceed wtth expendmg $60, O00 for delineation of wetlands re the N#nmo Parkway Corridor. October 8, 2002 - 18- AGENDA RE VIEW SESSION 5:16 P.M. ITEM # 50248 10rdtnance re the Ctty Code a AMEND 3~18-72 re bustness hcense taxes on coin-operated machines Counctl Lady Eure referenced the operators are exempted from thts Ordtnance if they own less than three (3) machtnes Counctl Lady' Eure tnqutred what would prevent the same owner from placmg machmes tn several locattons under different names to ctrcumvent the requtrement Asststant Ctty Attorney Larry Spencer advtsed Vtce Mayor Man&go, there would be no financtal tmpacts of the deferral Thts ordtnance shall be DEFERRED unttl the Ctty Counctl Sesston of October 29, 2002 ITEM # 50249 12 Ordinance to AUTHORIZE temporary encroachments tnto portions of the Ctty's rtght-of-way wtthm Lmkhorn Shores (DISTRICT 5 - L rNNHA VEN) PA UL D and MARIANNE WARREN re constructton and matntenance of a spht ratl fence, wtllow arbor and landscapmg at 1517 Duke of Wtndsor Road As there mtght be opposttton, thts ttem shall be dtscussed tn Formal Sesston ITEM # 50250 14 Resolution to AUTHORIZE the tssuance and sale of $28-Mtlhon Water and Sewer Revenue Bonds, Sertes of 2002, heretofore authortzed, re reimbursement for prevtous capttal expendttures and funding for future water and sewer projects, and, AUTHORIZE the dtstrtbutton of the prehmtnary Offictal Statement and other related acttons. Counctl Lady McClanan wtll vote NAY on thts ttem Counctl Lady McClanan expressed concern relattve the repair of the roads tn the Wtndsor Woods and Wtndsor Oaks section The roads cannot be repatred unttl the sewer work ts performed, whtch wtll not be accomphshed unttl FY 2004-2005 ITEM # 50251 B Y CONSENSUS, thefollowtng shall compose the CONSENT AGENDA: ORDINANCES/RESOL UTIONS 10rdtnances re the Ctty Code a AMEND 3~18-72 re bustness hcense taxes on coin-operated machines b AMEND andREORDAIN3~ 21-321 2 re ad&ng certain neighborhoods subject to maxtmum speed hmtts ("Traffic Calming ") and provtdtng penalttes tn those netghborhoods (1) Stratford Chase (2) Bayvtlle Park October 8, 2002 - 19- GENDA RE VIEW SESSION ITEM # 50251 (Continued) 12 13 14 Ordtnance to AUTHORIZE temporary encroachment tnto porttons of the Ctty's rtghts-of-way wtthm Lmkhorn Shores (DISTRICT 5 - L YNNHA VEN) WAYNE and KIMBERLY A BEAGLE re maintenance of an extsttng ttmber retatntng wall at 1200 Gloucester Lane Resolutton referring to the Planntng Commtsston proposed amendments to 3~502 of the Ctty Zonmg Ordmance (CZO) re dimensional requirements for nonconforming lots tn the R-5S restdenttal dtstrtct Resolution to AUTHORIZE the tssuance and sale of $28-Mtlhon Water and Sewer Revenue Bonds, Sertes of 2002, heretofore authortzed, re reimbursement for prevtous capttal expendttures and funding for future water and sewer projects, and, AUTHORIZE the dtstrtbutton of the prehmtnary Offictal Statement and other related actions Item I 1 a wtll be DEFERRED, BY CONSENT, unttl the Ctty Counctl Sesston of October 29, 2002 Counctl Lady McClanan wtll vote NAY on Item 14 October 8, 2002 - 20- /t GENDA RE VIE W SESSION ITEM # 50252 K1 Apphcatton of MOTHERS, INC for the reconstruction and conversion of a nonconforming garage apartment tnt, a nonconformmg stngle famdy restdence at 16th Street and Balttc Avenue (417 ~ ]6th StreeO, contammg 5,000 square feet (DISTRICT 6- BEA CH) Counctlman Maddox advtsed thts ttem wtll be dtscussed tn Formal Sesston ITEM # 50253 K 2 Apphcatton of D.4 VIDELGINfor modtficatton of acreage allowed by the Condtttonal Use Permtt for a church at Provtdence Road and ~Vai-iiig Warntng Street (5 724 Provtdence Road) (approved ,June 26, 1965), contatntng 2 02 acres (DISTRICT 2 - KEMPSVILLE) Stephen Whtte, Planmng, advised Vice Mayor Man&go the correct street name ts Warning, NOT Wartng ITEM # 50254 K3 Apphcattons of HARBOUR DEVELOPMENT CORPORATION, L.L.C. at North Landtng and West Neck Roads, containing 65 1 acres (DISTRICT 7 - PRINCESS ANNE) Change of Zomng Dtstrtct Classtficatton from ,4G-1 and,4G-2 ,4gricultural to Conditional R-30 Residential re single faintly lots no less than 30,000 sq fi b Condtttonal Use Permit re Open Space Promotion Vartance Appeal re certain elements oftheSubdtvtston Ordtnance, Section 4 4(b), that requtres all newly created lots meet the requtrements of the Ctty Zomng Ordtnance (CZO) and reduce requtred street width (DISTRICT 7 - PRINCESS ANNE) Counctlman Reeve advtsed Attorney Bourdon requested thts ttem be DEFERRED unttl danuary 14, 2003 ITEM # 50255 K 4 Apphcatton of TRINITY CHRISTIAN FELLOWSHIP for a Condtttonal Use Permtt re a church at Challedon and South Parhament Drtves (5245 Challedon Drtve), contatntng 16,247 88 square feet (DISTRICT 2 - KEMPSVILLE) Counctl Lady Eure requested Condttton No 2 be tncluded and amended 1 Theparktng lot shall be re-strtpedso as to clearly dehneate all parktng spaces, tncludtng the requtred handtcap space . Foundation landscaping within planters shall be installed and maintained along at least 50 percent of the front facade facing Challedon Drive 3 A Certtficate of Occupancy shall be obtained from the Building Official prtor to occupancy. October 8, 2002 - 21 - AGENDA RE VIEW SESSION ITEM # 50256 BY CONSENSUS, the followtng shall compose the PLANNING BY CONSENT AGENDA: K2 K3 Apphcatton of DA VID EL GIN for modtficatton of acreage allowed by the Condtttonal Use Permtt for a church at Provtdence Road and Wai-iiig Warnmg Street (5 724 Provtdence Road) (approved June 26, 1965), contatmng 2 02 acres (DISTRICT 2 - KEMP S VIL L E) Apphcattons of HARBOUR DEVELOPMENT CORPORATION, L.L.C. at North Landtng and West Neck Roads, contamtng 65 1 acres (DISTRICT 7 - PRINCESS ANNE) Change of Zomng Dtstrtct Classtficatton from AG-1 and AG-2 Agricultural to Conditional R-30 Residential re stngle famtly lots no less than 30, 000 sq fi b Condtttonal Use Permtt re Open Space Promotion Vartance Appeal re certatn elements of theSubdtvtston Ordtnance, Section 4 4(b), that requtres all newly created lots meet the requtrements of the Ctty Zonmg Ordtnance (CZO) and reduce reqmred street width (DISTRICT 7 - PRINCESS ANNE K 4 Apphcatton of TRINITY CHRISTIAN FELLOWSHIP for a Condtttonal Use Permit re a church at Challedon and South Parhament Drtves (5245 Challedon Drtve), contatntng 16,247 88 square feet (DISTRICT 2 - KEMPSVILLE) Item K 3 shall be DEFERRED, BY CONSENT, untd the Ctty Counctl Sesston of January 14, 2002 Item K 4 shall be APPROVED, BY CONSENT, with amended conditions October 8, 2002 - 22 - CITY COUNCIL COMMENTS 5:26 P.M. ITEM # 50257 Mayor Oberndorf advtsed Ruth Hodges Smith, Ctty Clerk, ts absent as her husband, Leon, had to be rushed to Chesapeake General Hospttal The Mayor extended thetr prayers to Ruth and Leon ITEM # 50258 Counctlman Vtllanueva referenced conferrtng with members tn other locahttes The Counctl Members beheve dtalogue should be renewed concerntng regionalism. Certatn Council Members tn Norfolk and Chesapeake have tntttated &alogue re a regional summit Councilman Vtllanueva suggested a January ttme frame to dtscuss tssues affecttng the regton t e santtatton, water, transportatton Counctlman Vtllanueva understands the pohttcal ramtficattons The Mayor advtsed some of these tssues are already betng constdered regtonally The Hampton Roads Santtatton Dtstrtct ts a regtonal authortty The water tssue has been approached by the Mayor and Counctlman Jones wtthtn the area The Hampton Roads Transportation Commtsston ts also regtonal Mayor Oberndorf advtsed this was a great tdea, but would have to be announced to the press when thts summtt ts formulated Mayor Oberndorf referenced attendance at an affatr honortng a lady leavtng Habttat for Humantty A promtnent Norfolk tndtvtdual tn attendance, suggested the Norfolk Redevelopment and Housing Authority ts regtonal Counctl Lady Wilson and Counctlman Maddox concurred relative theposstbtltty of a regtonal summtt, even tf only asoctal event, and requested ctty staff provtde suggesttons Counctl Lady Eure referenced her trtp to dacksonvtlle, Flortda, wtth the Hampton Roads Chamber of Commerce whtch was truly a regional representatton of the Hampton Roads area The tdea of a summtt was expressed to Counctl Lady Eure from representattves of Chesapeake and Portsmouth Counctl Lady Eure beheves thts would be an advantageous opportunity Council Lady Eure had dtnner with the pubhsher of The Vtrgtntan-Ptlot ITEM # 50259 Counctlman Jones referenced the newspaper articles relattve the Conventton Center The Ctty Attorney advised the court proceedtngs have been delayed 45 days until November 22, 2002 Rtght-of-entry pettttons had been filed on approxtmately twenty (20) properttes Whtle debate concerntng locatton mtght be occurrtng, the Ctty Attorney beheves these condemnattons should not go forward The Ctty Manager advtsed the Mayor the 19'h Street locatton requtred some land assemblage for parktng Thts was authortzed by the Ctty Counctl tn January 2002 There were thtrty-ntne (39) parcels Counctlman Jones wtshed the Ctty Counctl request E Dean Block, Dtrector of Pubhc Works, to provtde tnformatton on the Dome Site as an optton tn order to compare the two sttes Counctlman Maddox concurred Mr Block advtsed the Ctty ts at apotnt where destgn development drawtngs have been completed The next step tn the process ts to have the Archttect and Constructton Manager partners to tndependently perform esttmates of the cost of the replacement of the extsttng Pavthon These esttmates wtll then be jotntly reconctled Durtng that ttme, tnformatton and drawtngs wtll be prepared to be presented to the Ctty Counctl An updated status report on the destgn, cost and all the aspects of the facthty wtll be presented Thts process should entatl approximately forty-five (45) days The Mayor tnqutred relattve the current cost of the Conventton Center replacement Mr Block advtsed approxtmately $4-MILLION has been expended on destgn (whtch ts stte spectfic) Approxtmately $4- MILLION to $5-MILLION has been spent on land acqutsttton The Mayor referenced $4-M[LLION was a constderable sum tn a "tight economy" Mayor Oberndorf referenced she anddtm Rtcketts, Admtntstrator - Conventton and Vtsttor Development, advtsed the Hampton Roads Partnershtp, Vtrgtnta Beach wtshed to be the "home" of a major conference and conventton center The ctty was forced to move ahead as the Partnershtp dtd not provtde any asststance October 8, 2002 - 23 - CITY COUNCIL COMMENTS ITEM # 50259 (Continued) Counctlman Maddox referenced correspondence from the Vtrgtnta Beach Hotel/Motel Assoctatton, whtch endorses the opportunttyfor the Ctty to revtew the Dome stte Thetr members are the true stakeholders and will bear the burden of the tax to pay for the Center Councdman Maddox has been a long time proponent of butldtng the Conventton Center at the Oceanfront and closer to the hotels Counctlman Maddox advtsed bond rates were 'half the rate of two years ago Vtce Mayor Mandtgo ts comfortable with Ctty Counctl's dectston of two years ago, but dtd not have any problem wtth a brtefing October 8, 2002 - 24 - FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL October 8, 2002 6:18 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Butldmg, on Tuesday, October 8, 2002, at 6 18 P M Counctl Members Present Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vice Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Absent None INVOCATION Reverend Rtchard J Keener Baystde Presbytertan Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA October 8, 2002 Item V-E. - 25 - CER TIFICA TION OF CLOSED SESSION ITEM # 50260 THE CITY COUNCIL DID NOT HOLD A CLOSED SESSION October 8, 2002 Item V-F. 1. - 26- MINUTES ITEM # 50261 Upon motton by Vtce Mayor Man&go, seconded by Counctlman Schmtdt, Ctty Counctl APPROVED the Mtnutes of the INFOR31AL AND FORMAL SESSIONS of October 1, 2002. Vottng 11-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, RtchardA Maddox, Vice Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None October 8, 2002 Item V-G. -27- ADOPT AGENDA FOR FORMAL SESSION ITEM # 50262 BY CONSENSUS, City Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION October 8, 2002 Item V-H. 1. - 28 - MA YOR 'S PRESENTATION ITEM # 50263 Mayor Oberndorf PROCLAIMED: October 8, 2002 Captain Cary A. "Dollar" Silvers Day Captain Cary A "Dollar" &lvers, Comman&ng Officer, Umted States Navy, ts rehnqmshtng command of Naval Atr Statton Oceana Captatn &lvers recetved a Bachelor of Bustness Admtmstratton Degree from the Untverstty of Georgta tn 1977 and was commtsstoned through Avtatton Officer Can&date. School tn 1978 and became a Naval Avtator tn 19 79 He completed a deployment tn support of Operatton Desert Shteld ton board the USS Dwtght D Etsenhower, and, served as the Executtve Officer fo VF- 1 O10 and of VF-3 2, where be became the 46th Commandtng Officer of the Swordsmen tn 1994 Captatn &lvers served on the USS Independence as Atr Boss and assumed the duttes of Executive officer of NAS Oceana tn February 2001 and assumed Commandtng Officer later that same year Captam &lvers ts recogmzed fi~r hts masterful leadershtp and management of the East Coast's Master .let Base, NAS Oceana, for hts tremendous cooperatton tn worktng wtth the Ctty of Vtrgtnta Beach though the day-to-day operations of NAS Oceana, the successful 2002 Neptune Festtval Atr Show, and the response to the terrortsm attacks on September Eleventh Captatn &lvers, hts wife, Karen, and daughter, Brtttany, ACCEPTED the PROCLAMATION. October 8, 2002 c~}hereas! Captain Cary ~. "~Do£far' Silvers, Commanding Officer, ~UnitedStates Havy, is relinquishing commandof Hava£Air Station Oceana; and Captazn Silvers receiveda $achelor of $usiness Adminutration degree from the ~Oniversity of Georgia in 1977 andwas commissioned through Avzatzon Officer Candidate Schoolin 1978, becoming a HavalAviator m 1979; and Whereas: Captain Silvers servedin q/T-24 as an instructorpilot, reportedto Vq;-l Olfor trazning zn the q:-14A aircraft, andservedzn Vq:-143 as Line Dzvtsion, P~lot Training, andAssistant Operations Officer as a TOPGffjHgraduate, mab3ng two Mediterranean deployments aboardthe ~)SS Dwzght ~D. ;Eisenhower, and Whereas: Captain Silvers became an adversary instructorpilot flying the T-38, G-S~ A-4 and the q:-21 (Kq:IPG aircrafts, being the.first to trazn in the Kq~IRIsraeli aircraft and being the first HavalAir Training and Operating Procedures Standardization Officer for the same; and r~/~}hereas: He later completeda deployment in support of Operation Desert Shield on board the DSS ~wight D. Bisenhower, and Whereas: He servedas the Executive Officerof Vq:-101 andof VG-3 2, where he became the 46~ Commanding Officer of the Swordsmen ~n 1994; and Whereas: Captain Sdvers served on the ~OSS Independence as Air $oss and after numerous deployments, reported to Commander Operatzonal Test and Bvaluatzon q~orce as Assistant Chief of Staff for SpecialPrograms; and Whereas: Captazn Silvers assumed the duties of Bxecutive Officer of HAS Oceana in q:ebruary 2001 andassumedCommanding Officer later that same year, and Whereas: Duffng his career, Captain Silvers has accumulated more than 4,000flight hours and 688 carder arrested landings; and His awards inclucle the Meritorious Service Medal,, ~r Meda[Stri~e q~fi'glit ~ward, 3;avy Commendation Meda~ ~ir q~orce Commendatwn Medal, Joint Meritorious ~)nit ~ward, anclvarious unit service medals; ancl Captain Si[vets' new ctssignment beginning ~pnl 2003 will 6e as Captain, ~)nitedStates Navy, Retired; ancl ¢Vhereas: Captain Si[vets is recognizecl for his mastegCulleaclersliip anclmanagement of tlie east coast's Master, et ~ase, HAS Oceana, for his tremenclous cooperation in wor~ng witli the City of Virginia ~each tlirough the gay-to-clay operatwns of HAS Oceana, tlie succesqTCu[2002 Heptune q~estival~ir Sliow, ancl tlie response to the terrorism attacks on September 11a; ancl Captain Silvers is a warrior, a patriot, a tremendously loyalAmerican citzzen, anda tribute to the ~)nitedStates Havy: How, Therefore, I, Meyera B. Obemdogc,, Mayor of the City of Virginia ~each, Virginia, do hereby acknowledge andcelebrate the service of Captain CaryA. "Dollar"Silvers, vSH, to America and Virgzma &each, anddo hereby Proclaim october 8, 2002 Dollar Silver's Day In Virginia $each, and I call on all citizens to join the Virgima $each Oty Councd zn wzshing Captain Silvers andhis family the best of success in retirement, andwe thankhzm for his commitment to hzs country as a Patriot, a Warrior, andan Officer anda Gentleman. In Witness Whereof, I have hereunto set my handandcausedthe OfficialSealof the Oty of V~rginia $each, Virginia, to be aff~edth~s Bighth day of October, Two Thousand-Two. Meyera B. Obemdorf Mayor - 29- Item V-H.2. MA YOR 'S PRESENTATION ITEM # 50264 Mayor Oberndorf PROCLAIMED October 8, 2002 John Wareing Day John Waretng was born on November 14, 1923, and enhsted tn the Untted Sates Navy tn December 1940 Durtng hts 20years of servtce, he was decorated on numerous occastons for herotsm A beloved strongman, wrestler, boxer, televtson personahty, tratner, coach and mentor, "Jungle" John Waretng founded and operated Waretng's Gym tn Vtrgtnta Beach for two decades John graduated from the Vtrgtnta Beach Pohce Academy tn 1985, served the ctttzens of Vtrgtnta Beach for etght years as a sworn pohce officer and accepted spectal asstgnments wttH the Vtrgtnta Beach Pohce Department after hts rettrement The new gym at the Vtrgtnta Beach Law Retnforcement Tratntng Academy was dedtcated on October 3, 2002, tn honor of ~lohn Waretng, who passed away on July 16, 2000, and through thcs gym,John's influence will hve on Mrs ~lohn Waretng and hts famtly ACCEPTED, with appreciation, THE PROCLAMATION October 8, 2002 Whereas: John q4;areing was bom on November 14, 1923, and Whereas: John Wareing enlisted~n the ~)nitedStates Havy in ~)ecember 1940, andduring his 20 years of service, he was decoratedon numerous occasions for heroism; and Whereas: A 6eloved strougman, wrestler, boxer, television personality, trainer, coach and mentor, "Jungle "John Wareing founded and operated Wareing 's Gym in Virginia $each for two decades, assisting citizens from all walks of life tn their quest to achieve fitness; and gVhereas: John qdjareing was an active citizen involved in many community organizations, including the qeleet Reserves, the qvraternalOrder of Police, the flmericanSociety of LawBnforcement Trainers, the Veterans of qvoreign Wars, the CaulidToxverAlley Club, and the Dtstinguished B13nng Cross Society; and 'Whereas: John Wareing tlraduated from the Virginia $each Police Academy in 1985, served the citizens of Virginia $each foreight years as a sworn police officer, andaccepted special assignments with the Virginia $each Police q)epartment after his retirement; and Whereas: The new gym at the Virginia $each Law Enforcement Training Academy was dedicatedon October3, 2002 in honorof John qVareing, who passedaway on July 16, 2000, and through this gym, John's influence willlive on: How, Therefore, I, Meyera B,. Oberndo95, Mayorofthe City of Virginia $each, Virginia, do hereby Proclaim: October 8, 2002 Jo h n Wa reintl Day In '~tness Whereof, I have hereunto set my hand and caused the OfficialSealof the City of Virginia $each, V~rtlinia, to be affixed this Seventh day of October, Txvo Thousand Two. Meyera E. 06erndo~ Mayor Item V-H.$. - 30- MA YOR 'S PRESENTATION ITEM # 50265 Counctlman Louts Jones read the Resolutton tn recognttton of former Mayor and Counctlman Harold Hetschober's unttrtng achtevements The playtng field at the Virginia Beach Sportsplex hereby ts named and henceforth shall be know as the HAROLD HEISCHOBER FIELD "Today, we lard to rest Harold Hetschober, a wonderful and caring husband, father, grandfather and frtend He was those thtngs foremost, but also, he was a great player on the team that ts the pohttcal hfe of Vtrgtnta Beach Durtng two decades of de&cated servtce he had a steady hand and a cool head as Ctty Counctl dealt wtth major growth However, he never lost stght of what ss the true fiber of a ctty, its services and amentttes to benefit tts ctttzens He was most proud of spearhea&ng creatton of the 24'h Street Park and the Veterans Memortal, amentttes that gtve pleasure and prtde to ctttzens everyday Many of us were tn thts chamber tn 1997 when he gave what has come to be known as his "Fteld of Dreams" speech He was extolhng the vtrtues ofhavtng a Multt-Purpose sta&um here and the need for a professtonal sports team He told us how he had been tnsptred, as a youngster, by the professtonal sports fields he had been fortunate enough to vtstt and to play on, how they had fueled hts dreams of bemg tn the "btg" leagues He encouraged us to butld a "Fteld of Dreams "for ouryoungpeople to fuel thetr tmagtnattons, to bmld strength tnto thetr bo&es and tntegrtty tnto their mtnds and souls We &d that, and today the field ss used by young people from all over the regton What a testament to Harold's dreams for hts ctty and the people he served That ss why, today, I am pleased to offer a resolutton to name the Sports Complex Harold Hetschober Fteld tn honor of Harold 's tenactty of sptrtt, "btg league" outlook on hfe, and de&cated pubhc servtce Upon motton by Counctlman Jones, seconded by Vtce Mayor Man&go, Ctty Counctl ADOPTED: Resolution renaming the playing field at the Virginia Beach Sportsplex: Harold Heischober Field. Vottng 11-0 Counctl Members Vottng Aye Margaret L Eure, Loms R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Vottng Nay None Counctl Members Absent None October 8, 2002 WHEREAS: Harold Heischober was elected to membership on the l~rginia Beach City Council in 1980; WHEREAS: Councilman Heischober served two years and was elected by his peers as the Vice Mayor, which he served 1980-1982; WHEREAS: Vice Mayor Heischober was elected by the Virginia Beach City Council to serve as Mayor 1984-1986. This represented the first time a member of City Council had been elevated each two years to the higher o. ffice from Councilman to Mayor; WHEREAS: Mayor Heischober, with many years of professional leadership experience, exhibited his wisdom with vision to guide Virginia Beach, the largest city in the Commonwealth of Virginia, in its growth as a major American municipality; WHEREAS: Harold Heischober, formerly a professional baseball player, has throughout his long career of service consistently given of his unlimited talents for the enhancement of whatever community he was privileged to call "home"; WHEREAS: After his tenure as Mayor, Councilman Heischober continued to serve as a member of the City Council with a particular vision for a world-class sports facility to serve as a venue for a variety of participatory sports; WHEREAS: Harold Heischober's tenacity saw that vision become a reality in the form of the Virginia Beach Sportsptex; and, WHEREAS: The City of Virginia Beach continues to benefit, on a daily basis, the enhancement this Sportsplex has brought to local sports, school activities and economic benefia NOW, THEREFORE, BE IT RESOLVED: That, in recognition of these untiring achievements, the playing field at the Virginia Beach Sportsplex hereby be named and henceforth be known as the: HAROLD HEISCHOBER FIELD Given under our hands and seals this Eighth day of October Two Thousand and Two. Margaret L. Eure Richard A. Maddox Ron A. Villanueva Louis R. Jones Jim Reeve Rosemary W'dson Reba S. McClanan Peter W. Schmidt James L Wood Vice Mayor Mayor Item V-H. 4. - 31 - MA YOR 'S PRESENTATION ITEM # 50266 Mayor Oberndorf tntroduced the followtng Boy Scout tn attendance to earn hts mertt badge Scout Troop 63 David Anderson Sponsored by Francis Ashbury Church October 8, 2002 Item V-I. - 32 - ORDINANCES/RESOL UTIONS ITEM # 50267 Upon motton by Vtce Mayor Mandtgo, seconded by Counctlman Wood, Ctty Counctl APPROVED IN ONE MOTIONitems Ia (DEFERRED) lb, 2 a, 3 a and 4 of the CONSENTAGENDA Item Ia was DEFERRED BY CONSENT, unttl the Ctty Counctl Sesston of October 29, 2002. Vottng 11-0 (By Consent) Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, RtchardA Maddox. Vice Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None Council Lady McClanan voted a VERBAL NAY on Item 1 a October 8, 2002 Item V-I.l.a. - 33 - ORDINANCES/RESOL UTIONS ITEM # 5026 7 Upon motton by Vtce Mayor Mandtgo, seconded by Counctlman Wood, Ctty Counctl DEFERRED unttl the Ctty Counctl Sesston of October 29, 2002: Ordtnance to AMEND 3g18-72 of the Ctty Code re busmess hcense taxes' on coin-operated machines Voting 11-0 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James' L Wood Counctl Members Vottng Nay None Counctl Members Absent None October 8, 2002 Item V-I.l.b. - 34 - ORDINANCES/RES OL UTIONS ITEM # 50268 Upon motion by Vtce Mayor Mandtgo, seconded by Counctlman Wood, Ctty Council ADOPTED: Ordtnance to AMEND and REORDAIN 3~ 21-321 2 re addtng certatn netghborhoods subject to maxtmum speed hmtts ("Traffic Calming ") and provtdtng penalttes tn those netghborhoods 1 Stratford Chase 2 Bayvtlle Park Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None October 8, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE TO ADD A NEW SECTION TO THE CITY CODE PERTAINING TO MAXIMUM SPEED LIMITS IN DESIGNATED NEIGHBORHOODS SECTION ADDED' 21-321.2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Sec. 21-321.2. Traffic Calming via Maximum speed l~mits in certain residential districts; penalty. Pursuant to section 46.2-878.2 of the Code of Virginia, any person who operates a motor vehicle in excess of the maximum speed limit established for any portion of the following highways located within the designated neighborhoods, on or after the effective date, shall be guilty of a traffic infraction punishable by a non-prepayable fine of not more than $200, in addition to other penalties provided by law: Effective as of February 12, 2001: 1. L & J Garden: Norwich Avenue; Tajo Avenue; Fairlawn Avenue; Dulcie Avenue. 2. Acredale: Andover Road; Langston Road; Bonneydale Road; Olive Road, Alton Road; Old Kempsville Road. 3. Lake Shores: Jack Frost Road; Lake Shores Road. 4. Little Neck: Harris Road. 29 30 31 32 33 34 35 Effective as of August 14, 2001. 1. Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S; Regina Lane; Meredith Road, School Road, Mosby Road, Frizzel Drive; Finn Road; Charla Lee Lane; Smith Farm Road. 2. Brighton on the Bay: Templeton Lane; Wivenhoe Way; Starr Way. 36 37 38 3. Baylake Pines/Baylake Beach' Ben Gunn Road; Indian Hill Road; Baylake Road; Rampart Avenue; Bayvzlle Road; Lookout Road; Sandy Bay Drive. 39 4. Country Haven' Stewart Dr~ve. 4O 41 Effective as of April 9, 2002' 42 1. Fairfmeld- Lord Dunmore Drive. 43 2. Bellamy Manor- Homestead Drive. 44 Effectlve as of May 28, 2002' 45 1. Church Point' Church Point Road; Church Point 46 Place; Timber Ridge Drive. 47 Effective as of October 8, 2002' 48 1. Stratford Chase- Stratford Chase Drive; M[nden 49 Road; Violet Bank; Kittery Drive. 5O 51 2. Bayville Park' Greenwell Road (From Shore Drive to First Court Road). 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of October, 2002. CA8524 F-kordin\noncode\21-321.2.ord.wpd September 19, 2002 R3 - 35- Item V-2. a. ORDINANCES/RESOL UTIONS ITEM # 50269 Upon motion by Vtce Mayor Mandtgo, seconded by Councilman Wood, City Counctl ADOPTED: Ordinance to AUTHORIZE temporary encroachment tnto a portton of the Ctty's rtghts-of-way within Ltnkhorn Shores (DISTRICT 5 - L YNNHA VEN) WAYNE and KIMBERLY A BEAGLE re maintenance of an extsttng timber retatmng wall at 1200 Gloucester Lane The followtng condtttons shall be requtred The temporary encroachment shall be constructed and matntatned tn accordance wtth the laws of the Commonwealth of Vtrgmta and the Ctty of Vtrgtnta Beach and tn accordance with the City's spectficattons and approval as to size, ahgnment and locatton The temporary encroachment shall termtnate upon nottce by the Ctty to the apphcant and, wtthm thtrty (30) days after such nottce ts gtven, the temporary encroachment must be removed from the encroachment area by the apphcant and the apphcant wtll bear all costs and expenses of such removal The apphcant shall tndemntfy and hold harmless the Ctty, tts agents and employees from and agatnst all claims, damages, losses and expenses, tncludtng reasonable attorney's fees tn case tt shall be necessary to file or defend an actton artstng out of the locatton or extstence of the temporary encroachment Nothing herein contatned shall be construed to enlarge the permtsston and authortty to permit the matntenance or constructton of any encroachment other than that spectfied heretn and to the hmtted extent spectfied heretn, nor to permtt the matntenance and constructton of any encroachment by anyone other than the apphcant 5 The apphcant agrees to matntatn the temporary encroachment so as not to become unsightly or a hazard The apphcant agrees to obtatn a permtt from the Development Servtces Center/Planmng Department prtor to commenctng any constructton wtthtn the encroachment area Prior to tssuance of a rtght-of-way permit, the apphcant must post surettes tn accordance wtth the project engineer's cost esttmate, to the Office of Development Servtces Center of the Planntng Department 8 The apphcant shall obtatn an approvedjotnt permtt apphcatton from Waterfront Operations Dtvtston of the Planmng Department The apphcant shall obtatn and keep tn force all rtsk property tnsurance and general habthty tnsurance, or such tnsurance as ts deemed necessary by the Ctty, and all tnsurance pohctes must name the City as addtttonal named tnsured or loss payee, as apphcable The apphcant must also carry comprehenstve general habthty tnsurance tn an amount not less than Ftve Hundred Thousand Dollars ($500,000), combtned smgle hmtts of such tnsurance pohcy or pohctes The apphcant must provtde endorsements provtdtng at least thtrty (30) days' written nottce to the Cttyprtor to the cancellatton or termtnatton of or matertal change to, any of the tnsurance pohctes The apphcant assumes all responstbthttes and habthttes, vested or conttngent, wtth relatton to the temporary encroachment October 8, 2002 Item V-2. a. ORDINANCES/RESOL UTIONS - 36- ITEM # 50269 (Continued) 10 11 12 The temporary encroachment must conform to the mtntmum setback requtrements as estabhshed by the Ctty The apphcant must submtt for revtew and approval, a survey for the encroachment area, certtfied by a regtstered professtonal engtneer or a hcensed land surveyor, and/or "as built "plans of the Temporary Encroachment sealed by a regtsteredprofesstonal engtneer, tf requtred by etther the Ctty Engtneer's Office or the Engtneertng Dtvtston of the Pubhc Utthttes Department The Ctty, upon revocatton of such authortty and permtsston so granted, may remove the temporary encroachment and charge the cost thereof to the apphcant and collect the cost tn any mannerprovtded by law for the collectton of local or state taxes, may reqmre the apphcant to remove such temporary encroachment, and, pendtng such removal, the Ctty may charge the apphcant for the use of such portton of the Ctty's rtght-of-way encroached upon the equtvalent of what would be the real property tax upon the land so occupted tf tt were owned by the apphcant, and, tf such removal shall not be made wtthtn the ttme ordered heremabove by thts Agreement, the Ctty shall impose a penalty tn the sum of One Hundred Dollars ($100 O0) per day for each and every day that such temporary encroachment ts allowed to conttnue thereafter, and shall collect such compensatton and penalttes tn any manner provtded by law for the collectton of local or state taxes Vottng 11-0 (By Consent) Counctl Members Vottng Aye Margaret L Eure, Loms R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James' L Wood Counctl Members Vottng Nay None Counctl Members Absent None October 8, 2002 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 RIGHT-OF-WAY OF GLOUCESTER LANE BY WAYNE BEAGLE AND KIMBERLY A. BEAGLE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, WAYNE BEAGLE and KIMBERLY A. BEAGLE, desire to construct and maintain a timber retaining wall into the City's right-of-way known as Gloucester Lane. 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 right-of-way 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, WAYNE BEAGLE and KIMBERLY A. BEAGLE, their heirs, assigns and successors in title, are authorized to construct and maintain a temporary encroachment for a timber retaining wall in the city's right-of-way of Gloucester Lane as shown on that certain plat entitled: "SKETCH SHOWING RETAINING WALL ENCROACHMENT LOCATED ON SITE 45B-1 FOR WAYNE BEAGLE RESUBDIVISION OF SITE 45A AND 45B RESUBDIVISION OF SITE 45 LINKHORNSHORES VIRGINIA BEACH, VIRGINIA", 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 II II WAYNE BEAGLE and KIMBERLY A. BEAGLE (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. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as WAYNE BEAGLE and KIMBERLY A. BEAGLE 37 38 39 40 and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of October , 2002. 41 42 43 44 CA#- TKENN\ENCROACH\BEAGLE.ORD R-1 PREPARED: 8/26/02 APPRAV_ED AS TO CONTENTS ~/ SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND ~ CITY ATTO~RNEY W00DHOUSE RD S \ \ SITE FIRST COLONIAL RD. LOCATION MAP .....- SCALE: 1" == 1,600' SEW LOCA LOCATION MAP FOR ENCROACHMENT FOR WAYNE AND KIMBERLY BEAGLE AT 12 00 GLOUCESTER LAN E SCALE: 1' = 100' PREPARED BY P/W ENG. DRAFT. 20-AU~2002 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'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 20 O~, by and between the CITY OF VIRGINIA BEACH, ~RGINIA, a municipal corporation, Grantor, "City", and WAYNE BEAGLE and KIMBERLY A. BEAGLE, his wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. W I T N E S S E T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract or parcel of land designated and described as "Site 45B-1, Subdivision of Linkhorn Shores" (Instrument No. 200207153001475), and being further designated and described as 1200 Gloucester Lane, Virginia Beach, VA 23454; and That, WHEREAS, it is proposed by the Grantee to construct and maintain a timber retaining wall, 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 right-of-way known as Gloucester Lane, "The Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN: 2408-87-4323 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: "SKETCH SHOWING RETAINING WALL ENCROACHMENT LOCATED ON SITE 45B-1 FOR WAYNE BEAGLE RESUBDIVISION OF SITE 45A AND 45B RESUBDIVISION OF SITE 45 LINKHORN SHORES VIRGINIA BEACH, VIRGINIA", Revised date: August 6, 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 terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given the Temporary Encroachment must be removed from The Encroachment Area by the Grantee, and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. 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 submit and have approved a traffic control plan before commencing work in The Encroachment Area. Also, the Grantee agrees that the Temporary Encroachment must stay at least three feet (3') from the edge of the existing pavement for Gloucester Lane. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works for final approval. It is further expressly understood and agreed that the Grantee must obtain a right-of-way 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 prior to the issuance of a right-of-way permit the Grantee must post sureties, in accordance with their engineer's cost estimate, with the Development Services Center of the Planning Department. It is further expressly understood and agreed that the Grantee must get an approved Joint Permit Application from the Waterfront Operations Division of the 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 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 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, WAYNE BEAGLE and KIMBERLY A. BEAGLE, his wife, the said Grantee has caused this Agreement to be executed by their signatures and seals 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 City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk (SEAL) Wayne Beagle 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. 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. Notary Public My Commission Expires: The foregoing instrument was acknowledged before me this /~ day of ~ ~ , 20 z~)~_~ , by WAYNE BEAGLE and KIMBERLY A. BEAGLE, his wife. ary Publ i~ My Commission Expires: ~gr~~ ~ APPROVED AS TO LEGAL SUFFICIENCY CITY ~TTORNEY - APPROVED AS TO CONTENT (~ITY REAL ESTATE AGENT W L~ W lO. O0° N 80'44"I0" E I i i ii I THIS SKETCH WAS PREPARED TO BE AFFACHED TO ENCROACHMENT APPLICATION AND IS NOT INTENDED TO REPRESEN? A OOUNDARY SURVE)< O UKE OF WINDSOR R OA O S VALVE0 W (~-VACUUM SENDER POT o VALVE 45.5 WALL ENCROACHMENT N 80'44'!0' E 48. 12 50.7 SITE 45A- 1 GPIN 2408-87-6304 PROPOSED RETAINING WALL'-- ('SEE DETAIL. SHEET 2 OF 2) SKETCH SHOWING RETAINING WALL ENCROACHMENT LOCATED ON SITE 45B- 1 FOR WAYNE BEAGLE RESUBDIVlSlON OF SITE 45A AND 45B RESUBDIVlSlON OF SITE 45 LEGEND ~ -- ENCROACHMENT SHEET ! OF 2 REVISED DATE: AUG. 6, 2002 SCALE: 1 "--20' JOB NO. L/NKENCR REFERENCE PLAT RECORDED IN MAP BOOK 47, PACE 2.7 IN$7'RUMENT ~ 200207 f 5.700 !475 SITE 45B- 1 GPIN 2408-87-4.323 1200 GLOUCESTER LANE L INKHORN SHO RES VIRGINIA BEACH, VIRGINIA PREPARED BY TECHNICAL AND ENVIRBNNENTAL SERVICES SURVEYING DIVISION GRAPHIC S~SALE 1' = 20' 10 20 5625 PROVIDENCE ROAD VIRGINIA BEACH, VIRGINIA 23464 (757) 420-4462 FAX (757) 420-4463 I 30 Photo looking South showing retaining wall encroachment and edge of pavement for Gloucester Ln.; a distance of approx. 37'. Retaining wall encroaches into R/W of Gloucester Ln. approx. 23' Wayne Beagle Photo looking North showing retaining wall encroachment and edge of pavement for Gloucester Ln.; a distance approx. 37'. End of retaining wall encroaches into R/W of Gloucester Ln. approx. 23' Item -37- ORDINANCES/RES OL UTIONS ITEM # 502 70 Upon morton by Councdman Wood, seconded by Councd Lady Wdson, City Councd ADOPTED: Or&nance to AUTHORIZE temporary encroachment tnto a portton of the Ctty's rtghts-of-way wtthtn Ltnkhorn Shores (DISTRICT 5 - L YNNHA VEN) PAUL D. and MARIANNE WARREN re constructton and matntenance of a spht ratl fence, wtllow arbor and landscaptng at 1517 Duke of Wmdsor Road The followtng condtttons shall be requtred The temporary encroachment shall be constructed and matntatned tn accordance wtth the laws of the Commonwealth of Vtrgtnta and the Ctty of Vtrgtnta Beach and tn accordance wtth the Ctty's spectficattons and approval as to stze, ahgnment and locatton The temporary encroachment shall termtnate upon nottce by the Ctty to the apphcant and, wtthm thtrty (30) days after such nottce ts gtven, the temporary encroachment must be removed from the encroachment area by the apphcant and the apphcant wtll bear all costs and expenses of such removal The apphcant shall tndemmfy and hold harmless the Ctty, tts agents and employees from and agamst all clatms, damages, losses and expenses, tncludmg reasonable attorney's fees tn case tt shall be necessary to file or defend an actton artstng out of the locatton or extstence of the temporary encroachment Nothtng heretn contatned shall be construed to enlarge the permtsston and authortty to permtt the matntenance or constructton of any encroachment other than that spectfied heretn and to the hmtted extent spectfied herein, nor to permtt the matntenance and constructton of any encroachment by anyone other than the apphcant 5 The apphcant agrees to matntatn the temporary encroachment so as not to become unsightly or a hazard The apphcant agrees to obtatn a permtt from the Development Servtces Center/Planntng Department prtor to commenctng any constructton wtthtn the encroachment area The apphcant shall obtatn and keep tn force all rtsk property tnsurance and general habthty tnsurance, or such tnsurance as ts deemed necessary by the Ctty, and all tnsurance pohctes must name the Ctty as addtttonal named tnsured or loss payee, as apphcable The apphcant must also carry comprehenstve general habthty tnsurance tn an amount not less than Ftve Hundred Thousand Dollars ($500, 000), combmed stngle hmtts of such tnsurance pohcy orpohctes The apphcant must provtde endorsements provtdtng at least thtrty (30) days' wrttten nottce to the Ctty prtor to the cancellatton or termtnatton of, or matertal change to, any of the tnsurance pohctes The apphcant assumes all responstbthttes and habthttes, vested or conttngent, wtth relatton to the temporary encroachment October 8, 2002 Item l/-I.2, b. - 38- ORDINANCES/RES OL UTIONS ITEM # 502 70 (Continued) The Ctty, upon revocatton of such authortty and permtsston so granted, may remove the temporary encroachment and charge the cost thereof to the apphcant and collect the cost tn any mannerprovtded by law for the collectton of local or state taxes, may requtre the apphcant to remove such temporary encroachment, and, pendtng such removal, the Ctty may charge the apphcant for the use of such portton of the Ctty's rtght-of-way encroached upon the equtvalent of what would be the real property tax upon the land so occupted tf tt were owned by the apphcant, and, tf such removal shall not be made wtthtn the ttme ordered heremabove by thts Agreement, the Ctty shall tmpose a penalty tn the sum of One Hundred Dollars ($100 O0) per day for each and every day that such temporary encroachment ts allowed to conttnue thereafter, and shall collect such compensatton and penalttes tn any manner provtded by law for the collectton of local or state taxes Vottng 11-0 Councd Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Councd Members Voting Nay None Councd Members Absent None October 8, 2002 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 THE RIGHT-OF-WAY 1517 DUKE OF WINDSOR ROAD BY PAUL D. WARREN AND MARIANNE WARREN, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Paul D. Warren and Marianne Warren, desire to construct and malntamn a 4' X 188' split rail fence, 3" willow arbor, and landscaping, mnto the City's rights-of-way located at 1517 Duke of Windsor Road. WHEREAS, City Council ms authorized pursuant to §~ 15.2- 2009 and 15.2-2107, Code of Virgmnla, 1950, as amended, to authorize a temporary encroachments upon the City's right-of-way 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 Paul D. Warren and Marianne Warren, assigns and successors in title are authormzed to construct and maintain a temporary encroachment in the City's right-of-way as shown on the map entitled: "ENCROACHMENT PLAT FOR 1517 DUKE OF WINDSOR ROAD," a copy of which is on fmle 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, cond~tmons and criteria contained ~n the Agreement between the City of Virginia Beach and Paul D. Warren and Marianne Warren, (the "Agreement") which ms attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or h~s authorized designee ms hereby authormzed to execute the Agreement. 33 BE IT FURTHER ORDAINED, that this Ordinance shall not be 34 35 36 37 effect until such time as Paul D. Warren and Marianne Warren and the City Manager or hms authormzed designee execute the Agreement. Adopted by the Council of the City of V~rg~nia Beach, Vlrginma, on the 8th day of October , 2002. 38 39 4O CA-% gsalmons/warren/ord. R-1 PREPARED: 09.02.02 SUFFICIENCX A~-~O~4 C'rTX A~TOm~X LINKHORN BAY LOCATION MAP ITE SCALE: 1" = 1,600' ~ / .Y / / ?/ A. OSMANTHUS FORTUNES B. ACUBA C. CAMELIA D. LEYLAND CYPRESS E. HYDRANGEA F. RIVER BIRCH / £408-98-5100 / \ '-. IN // / 12 POSED I 12.~N D ~ .' NTo C TY 12 118 2408-97-5488 28 OF EDGE MAP lNG REQUES RI~qNE DUKE W R E: 1" = 100' DUKE OF WINSOR. DGN M.].S. PREPARED BY P/W ENG. CADD DEPT. 10-SEP-2002 PREPARED BY VIRGINIA BEACH CITY ATIORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-gl l(a)(3) AND 58.1-Sl ~(¢X4) REIMBURSEMENT AUTHORIZED UNDER SECT[ON 25-249 THIS AGREEMENT, made this ~ day o _fL~z~~ ~ , 2002, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and PAUL D. WARREN AND MARIANNE WARREN, husband and wife, THEIR HEIRS, 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 "SITE 31 1.6 ACRES" as shown on "REVISED PLAT OF LINKHORN SHORES PROPERTY OF LINKHORN SHORES, INC. LYNNHAVEN MAG. DIST.-PRINCESS ANNE CO., VA. SCALE: 1" = 100' DECEMBER 16, 1953 SAMUEL W. MILLER, JR. CERTIFIED LAND SURVEYOR VIRGINIA CERTIFICATE NO 405,"and being further designated and described as 1517 Duke of Windsor Road, Virginia Beach, Virginia 23454; WHEREAS, it is proposed by the Grantee to construct and maintain a 4' X 188' Split Rail Fence, Arbor, and Landscaping, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way that is located on the east portion of the property known as 1517 Duke of Windsor Road "The Temporary Encroachmem Area"; and GPIN 2408-97-4860-0000 WHEREAS, 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 the further consideration o f 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 PLAT FOR 1517 DUKE OF WINDSOR ROAD," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereofto 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 IN WITNESS WHEREOF, Paul D. Warren and Marianne Warren, the said Grantee has caused this Agreement to be executed by their 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 affmed and attested by its City Clerk. 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. CITY OF VIRGINIA BEACH By_ City Manager/Authorized Designee of the City Manager (SEA ) ATTEST: City Clerk Paul D. Warren ~¥l~n~e Warren~ '~ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrumem was acknowledged before me this __day of 2002, by ., CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrumem was acknowledged before me this day of ,2002, by RUTH HODGES SMITH, MMC, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: CITWCOUI~Y~ Ur~.:~;~. ~ ¢o ~- , to-wit: The foregoing instrument was acknowledged before me this .~ ,2002, by Paul D. Warren and Marianne Warren. My Commission Expires: Notary Pu~t~c KAmLEEN J GIRDLER ~"'/ COMMONWEALTH OF VIRGINIA ~M~ION EXPIRES APRIL 30, APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY APPROVED AS TO CONTENT C~TY REAL ESTATE AGENT Rev 07-24-02 Exhibit "A" ,IN(~) FAWCET DOCK SITE 30 FR SHED o ELEC OUTLET PIN GRAVEL DRIVEWAY 4' WOO0 FENCE PIN(~,f) :z: I O WATER FAWCET C~ A~M. SPACE ACCESS EXISTING 1 STY BR & FR RESD #1517 (SEE DETAIL) BRICK WALK PIN(f) zz 20 O' A/C ON CONC PAD 20 4' LOCATION OF FLOOD ZONE LINE AS SCALED FROM FIRM PANEL SITE 32 R = 20.00' L = 29.62' PIN(f) DUKE OF 113 S 16'06'30" E 132.00' S 16'15'07"' E 131.48'(f) PIN(f) WINDSOR ROAD (50' R/W) ENCROACHMENT PLAT FOR 1517 DUKE OF WINDSOR ROAD PAUL D. AND MARIANNE WARREN 1517 DUKE OF WINDSOR ROAD Kent Lane looking towards the back of 1517 Duke of Windsor Road. Fencing will go on the outside of the encroaching landscaping. Three inch willow arbor will begin where the split rail fence ends and pick back up with the matching fencing on the outside of encroaching landscaping. Kent Lane Looking towards Duke of Windsor Road PAUL D. AND MARIANNE WARREN 1517 DUKE OF WINDSOR ROAD Eastern portion of 1517 Duke of Windsor Road looking towards Kent Lane showing encroaching landscaping. Item V-3. ORDINANCES/RES OL UTIONS - 39- ITEM # 502 71 Upon motton by Vtce Mayor Man&go, seconded by Councilman Wood, Ctty Counctl ADOPTED: Resolutton referrtng to the Planntng Commtsston proposed amendments to 8'502 of the Ctty Zoning Ordtnance (CZO) re dimensional requirements for nonconforming lots tn the R-5S restdenttal dtstrtct Vottng 11-0 (By Consent) Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, RtchardA Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None October 8, 2002 10 11 12 13 14 15 16 17 18 19 20 21 A RESOLUTION REFERRING TO THE PLANNING COMMISSION PROPOSED AMENDMENTS TO SECTION 502 OF THE CITY ZONING ORDINANCE, PERTAINING TO DIMENSIONAL REQUIREMENTS FOR NONCONFORMING LOTS IN THE R-5S RESIDENTIAL DISTRICT WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: There is hereby referred to the Planning Commlssmon, for consideration and recommendation, proposed amendments to Section 502 of the City Zoning Ordinance, pertaining to dimensional requirements for nonconforming lots in the R-5S Residential District. A true copy of such proposed amendments is hereto attached. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Planning Commission be, and hereby is, directed to transmit to the City Council its recommendation concerning the aforesaid amendments no later than sixty (60) days after the date of adoption of this Resolution. 22 23 24 25 26 27 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 8th day of October, 2002. CA-8631 noncode/CZO502(e) .res.wpd R-1 September 26, 2002 1 Requested by Councilmember Richard Maddox AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE PERTAINING TO DIMENSIONAL REQUIREMENT FOR NONCONFORMING LOTS IN THE R-SS RESIDENTIAL DISTRICT SECTION AMENDED' CZO ~502 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 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 502 of the City Zoning Ordinance is hereby amended and reordained to read as follows: Sec. 502 Dimensional Requirements (e) Nonconforming lots: (1) Where a lot has less than the minimum requirements for the R-5S Residential District and said lot has continuously been a lot of record, in single and separate ownership from adjacent property, prior to and since the passage of this ordinance, said lot may be developed for any purpose permitted within the R-5S Residential District. (2) However, if the owner of a lot which does not meet the minimum requirements of the R-5S Residential District, is the owner of or becomes the owner of another substandard lot adjacent to it and located in the same R-5S Residential District, he is not entitled to the exception in (1) above. In this instance, the owner of the two (2) or more adjacent substandard lots must combine the two (2) or more lots to form one which will meet or more closely approximate the frontage and area requirements of the ordinance applicable within the R-5S Residential District. (3) The owner of contiguous substandard lots is prohibited from conveying one (1) or more of the substandard lots with the 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 result that both the grantors and the grantee possess lots entitled to an exception from the minimum lot requirements. (4) Status as a single and separate owner may not be acquired after enactment of this ordinance by selling a parcel and reducing the remainder below the minimum lot requirements nor may an owner of several contiguous nonconforming parcels combine them so as to leave a substandard lot, and assert the right to exception in (1) above. ...... m... 3---- A.% I7% /'__% I'5% % 4 (~.k=7 %.,,;--1-- -- V -= ~---- {2) ...... : ....... subs anda:d '-3-- ' .... 5 Res-'d--t'-I ~: .... ' .... =:-= ....... = .... -'--~ t -3- 'dth ~.~,~ o-~ as u- th= date of ~..= passage of thio ordznon~=, ..... I~1 % --._L --J- ,.~y convey ~,~= ~/ o~o=o,,dard lot to o oeparate owner and su~,, lot may ut u=.=~u~=u for any purpose pe~.,~tted width ~ t~%i:ty-five (35) feet and a:ea ~ thirty-five hundred --=~-=~-= -- follows- ~, ~ ~~~o o~ustandard loto ~n cobb, on ownersh ohall b- resubdivided .... ~ ..... ~' .......... ~-- '" ' substandard lot~=-= ~ ~ess than thirty-f~---~= ~35} ' --~ f~= hundred {3,500} square area. The remaining contiguous substandard lots shall be ~ ' ...... ~2--2 -- * ~stz-~ct The ~=o~~ozon of -~' .... · ~ ~,~guous substanda:d lots in co~on ownership shall~=~- d=ocribed-- on one '"~,' subdivision plat. ~ ~e~o who seek to develop on o~ot=~d~d lots ........... ~ = - dh ..... th- nfill ............. - :--- d bd in' ~,, ~ ..... =---~--- 68 69 7O 71 72 73 74 75 76 lot in the R-SS R=sidential~'~stzzct subsection shall be .L~V~ For the purposes of this section, lots are not regarded as adjacent where they form an "L", part of one being contiguous to the other. COMMENT This amendment will delete the exception that allowed one substandard 35 foot lot when other substandard lots were resubdivided in the R-5S Residential Zoning District. 77 78 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2002. CA-8626 Proposed\czo 502(e) R-3 September 25, 2002 APPROVED AS TO CONTENT' 'Planning' Oep%-r tme~t APPROVED AS TO LEGAL SUFFICIENCY' Cit~ Attorney's Off~-c-e Item V-4. ORDINANCES/RES OL UTIONS - 40- ITEM # 502 72 Upon motton by Vtce Mayor Man&go, seconded by Counctlman Wood, Ctty Counctl ADOPTED: Resolution to AUTHORIZE the tssuance and sale of $28-Mtlhon Water and Sewer Revenue Bonds, Sertes of 2002, heretofore authortzed, re reimbursement for prevtous capttal expen&tures and funding for future water and sewer proJects, and, AUTHORIZE the &strtbutton of the prehmtna~ Offictal Statement and other related acttons Vottng 1 O- 1 (By Consent) Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay Reba S McClanan Council Members Absent None October 8, 2002 RESOLUTION AUTHORIZING THE DISTRIBUTION OF A PRELIMINAllRY OFFICIAL STATEMENT AND OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE BY THE CITY OF VIRGINIA BEACH, VIRGINIA, OF ITS WATER AND SEWER SYSTEM REVENUE BONDS, SERIES OF 2002 WHEREAS, the City of Vlrg~ma Beach, Virginia (the "City"), proposes to issue its Water and Sewer System Revenue Bonds, Series of 2002, ~n an amount not to exceed $28,000,000 (the "Bonds"), and WHEREAS, there have been presented to this meeting drafts of the following documents: (a) Notice of Sale, draft dated September 30, 2002 (the "Notice of Sale"), of the City relating to the advertisement of the pubhc offenng of the Bonds; (b) Preliminary Official Statement, draft dated September 30, 2002 (the "Prehmlnary Official Statement"), of the City relating to the public offering of the Bonds; and (c) Continuing Disclosure Agreement, draft dated September 30, 2002, pursuant to which the City agrees to undertake continuing disclosure obligations pursuant to Rule 15c2-12 (the "Rule") promulgated by the Securities and Exchange Commission (the "SEC") for the benefit of the holders of the Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS FOLLOWS: 1. The Counml ofthe City (the "City Councd") approves the following terms ofthe sale of the Bonds. The Bonds shall be sold by competitive bid, and the City Manager shall receive bids for the Bonds and award the Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the following limitations The Bonds (a) shall have a "true" or "Canadian" interest cost not to exceed 7.0%, taking into account any original issue discount or premium, (b) shall be sold to the purchaser at a price not less than 99% of the pnnc~pal amount thereof and (c) shall mature no later than the year 2027. 2. The C~ty Manager, in collaboration with Government Finance Associates, Inc, and ARD/Govemment Finance Group, the City's financial advisors (the "Flnanmal Advisors"), is authorized and directed to take all proper steps to advertise the Bonds for sale substantially ~n accordance with the form of Notice of Sale attached hereto, which is approved, provided that the City Manager, ~n collaboration with the Financial Advisors, may make such changes in the Notice of Sale not inconsistent with this Resolution as he may consider to be in the best interest of the City. 3. The City authorizes the distribution of the Preliminary Official Statement in form deemed "near final" as of its date, within the meaning of the Rule of the SEC, to prospective purchasers of the Bonds, with such completions, omissions, insertions and changes as may be approved by the City Manager Such distribution shall constitute conclusive evidence of the approval of the City Manager as to any such completions, omissions, insertions and changes and that the City has deemed the Preliminary Official Statement to be near final as of Its date. 4. The City Manager, in collaboration with the Financial Advisors, ~s hereby authorized and directed to approve such completions, omissions, ~nsertlons and other changes to the Prehmlnary Official Statement necessary to reflect the terms of the sale of the Bonds and the detmls thereof appropriate to complete it as an official statement in final form (the "Official Statement") and to execute and dehver the Official Statement to the purchasers of the Bonds. Execution of the Official Statement by the C~ty Manager shall constitute conclusive evidence of his approval of any such completions, omissions, ~nsertlons and changes and that the Official Statement has been deemed final by the City as of its date within the meamng of the Rule. 5. The Mayor, the City Manager and such officer or officers of the City as either may designate, any of whom may act, are hereby authorized and directed to execute the Continuing Disclosure Agreement, the form of which is approved, with such completions, omissions, ~nsertions and changes that are not inconsistent with th~s Resolution 6. The Mayor is hereby authorized and directed to execute the Bonds by manual or facsimile signature, the City Clerk is hereby authorized and directed to countersign the Bonds and affix the seal of the City thereto or cause a facsimile thereof to be pnnted thereon, and the officers of the City are hereby authorized and d~rected to deliver the Bonds to the registrar and paying agent for authentication and dehvery to the purchasers of the Bonds. 7. The officers of the City are hereby authorized and directed to execute, dehver and file all certificates and documents and to take all such further action as they may consider necessary or desirable ~n connection with the issuance and sale of the Bonds, including without limitation (a) execution and delivery of a certificate setting forth the expected use and Investment of the proceeds of the Bonds to show that such expected use and ~nvestment wall not wolate the provisions of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), and regulatmns thereunder, applicable to "arbitrage bonds," (b) making any elections that such officers deem desirable regarding any provision requinng rebate to the United States of"arbitrage profits" earned on investment of proceeds of the Bonds, and (c) fihng Internal Revenue Service Form 8038-G. The foregoing shall be subject to the adwce, approval and direction of bond counsel. 8. Any authorization herein to execute a document shall include authorization to deliver it to the other parties thereto. 9. All other acts of the officers of the City that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are hereby approved and ratified. 10. This Resolution shall take effect immediately. Adopted by the Council of the City of Vlrglma Beach, Virginia, on the 8 t:h day of October, 2002. CA-8637 noncode/VAB 2002 W&S POS.res.wpd October 1, 2002 R1 Approved as to Content: Finance Depa~rtme~ ' Approved as to Legal Sufficiency' City Attorney s Offici/ CITY OF VIRGINIA BEACH, VIRGINIA SEVENTH SUPPLEMENTAL RESOLUTION SUPPLEMENTING AND AMENDING RESOLUTION ADOPTED FEBRUARY 11, 1992, ENTITLED "MASTER WATER AND SEWER REVENUE BOND RESOLUTION PROVIDING FOR THE ISSUANCE FROM TIME TO TIME OF ONE OR MORE SERIES OF WATER AND SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH," AS PREVIOUSLY SUPPLEMENTED AND AMENDED, TO PROVIDE FOR THE ISSUANCE AND SALE OF UP TO $28,000,000 OF WATER AND SEWER SYSTEM REVENUE BONDS, SERIES OF 2002, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF AND THE FINANCING OF THE COST OF IMPROVEMENTS TO THE CITY'S WATER AND SANITARY SEWER FACILITIES ADOPTED ON OCTOBER __, 2002 TABLE OF CONTENTS Paee ARTICLE I SEVENTH SUPPLEMENTAL RESOLUTION Section 7.101. Seventh Supplemental Resolution ........................................................................... 2 Section 7.102. Meaning of Terms; Definitions ................................................................................ 2 Section 7.103. Reference to Articles and Sections .......................................................................... 2 ARTICLE II 2002 PROJECT Section 7.201. Authorization of 2002 Project .................................................................................. 3 ARTICLE III ISSUANCE AND SALE OF SERIES OF 2002 BONDS Section 7.301. Section 7.302. Section 7.303. Section 7.304. Section 7.305. Section 7.306. Section 7.307. Issuance and Sale of Series of 2002 Bonds ............................................................. 3 Details of Series of 2002 Bonds ............................................................................... 3 Book Entry System .................................................................................................. 4 Registrar ................................................................................................................... 5 Form of Series of 2002 Bonds ................................................................................. 5 Security for Series of 2002 Bonds ........................................................................... 5 Application of Proceeds ........................................................................................... 5 ARTICLE IV REDEMPTION OF SERIES OF 2002 BONDS Section 7.401. Optional Redemption Provisions ............................................................................. 6 Section 7.402. Mandatory Redemption ........................................................................................... 6 Section 7.403. Manner of Redemption ............................................................................................ 6 Section 7.404. Notice of Redemption .............................................................................................. 6 ARTICLE V FEDERAL TAX PROVISIONS Section 7.501. Limitation of Use of Proceeds ................................................................................. 7 Section 7.502. Rebate Requirement ................................................................................................. 8 Section 7.503. Calculation and Payment of Rebate Amount ........................................................... 8 (i) ARTICLE VI MISCELLANEOUS Section 7.601. Limitation of Rights ................................................................................................. 9 Section 7.602. SNAP Investment ..................................................................................................... 9 Section 7.603. Severability .............................................................................................................. 9 Section 7.604. Effective Date .......................................................................................................... 9 Appendix A - Description of the 2002 Project ........................................................................... A- 1 Appendix B - Form of the Series of 2002 Bonds ......................................................................... B-1 (ii) SEVENTH SUPPLEMENTAL RESOLUTION SUPPLEMENTING AND AMENDING RESOLUTION ADOPTED FEBRUARY 11, 1992, ENTITLED "MASTER WATER AND SEWER REVENUE BOND RESOLUTION PROVIDING FOR THE ISSUANCE FROM TIME TO TIME OF ONE OR MORE SERIES OF WATER AND SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH," AS PREVIOUSLY SUPPLEMENTED AND AMENDED, TO PROVIDE FOR THE ISSUANCE AND SALE OF UP TO $28,000,000 OF WATER AND SEWER SYSTEM REVENUE BONDS, SERIES OF 2002, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF AND THE FINANCING OF THE COST OF IMPROVEMENTS TO THE CITY'S WATER AND SANITARY SEWER FACILITIES WHEREAS, the Council (the "Council") of the City of Virginia Beach, Virginia (the "City"), adopted a resolution on February 11, 1992 (the "Master Resolution"), providing for the issuance from time to time of water and sewer revenue bonds to finance the cost of improvements and extensions to its water and sanitary sewer system; and WHEREAS, the Council desires to issue pursuant to the Master Resolution up to $481,001 of the $14,560,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on December 6, 1990, up to $1,880,179 of the $13,770,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on November 12, 1991, up to $228,208 of the $5,450,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on November 23, 1993, up to $5,773,442 of the $14,080,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 10, 1994, up to $1,464,354 of the $6,593,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 9, 1995, up to $1,023,216 of the $6,960,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 14, 1996, up to $1,580,331 of the $12,730,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 13, 1997, up to $5,069,187 of the $11,600,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 12, 1998, up to $3,116,281 of the $9,513,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 1 I, 1999, up to $3,186,381 of the $7,890,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 9, 2000, up to $2,475,513 of the $11,000,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 15, 2001, and up to $1,721,907 of the $6,930,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 14, 2002, and to sell such bonds as a single issue in a collective amount equal to $28,000,000; and WHEREAS, the City is not in default under the Master Resolution or in payment of the principal of or interest on the Outstanding Bonds (as defined in the Master Resolution); NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: ARTICLE I SEVENTH SUPPLEMENTAL RESOLUTION Section 7.101. Seventh Supplemental Resolution. This Seventh Supplemental Resolution is adopted pursuant to and in accordance with Section l l01(g) of the Master Resolution. All covenants, conditions and agreements of the Master Resolution shall apply with equal force and effect to the Series of 2002 Bonds (as hereinafter defined) and to the holders thereof, except as otherwise provided herein. Section 7.102. Meaning of Terms; Definitions. All capitalized terms used herein, and not defined either in this Section or elsewhere in this Seventh Supplemental Resolution (including the recitals hereto), shall have the meanings ascribed to such terms in the Master Resolution. The following terms shall have the following meanings in this Seventh Supplemental Resolution. "2002 Project" shall mean the acquisitions, improvements, extensions, additions and replacements to the System as described in Article "II". "DTC" shall mean The Depository Trust Company, New York, New York, a securities depository, as holder of the Series of 2002 Bonds, or its successors or assigns in such capacity. "Rebate Amount" shall mean the excess of (a) the future value of all nonpurpose receipts with respect to the Series of 2002 Bonds over (b) the future value of all nonpurpose payments with respect to the Series of 2002 Bonds, in each case calculated under Section 7.503 pursuant to the requirements of Section 148 of the Code, or such other mount of arbitrage required to be rebated to the United States of America under Section 148 of the Code. "Rebate Amount Certificate" shall have the meaning set forth in Section 7.503. "Registrar" shall mean The Bank of New York, New York, New York, as paying agent and bond registrar for the Series of 2002 Bonds. "Series of 2002 Bonds" shall mean the Water and Sewer System Revenue Bonds, Series of 2002, in the amount up to $28,000,000 to be issued in accordance with the provisions of Article III. "Seventh Supplemental Resolution" shall mean this Seventh Supplemental Resolution which supplements the Master Resolution. Section 7.103. Reference to Articles and Sections Unless otherwise indicated, all references herein to particular articles or sections are references to articles or sections of this Seventh Supplemental Resolution. ARTICLE II 2002 PROJECT Section 7.201. Authorization of 2002 Project. The Council has authorized the acquisitions, improvements, extensions, additions and replacements to the System described on Appendix A, which are part of the approved capital improvement program of the City. ARTICLE III ISSUANCE AND SALE OF SERIES OF 2002 BONDS Section 7.301. Issuance and Sale of Series of 2002 Bonds. The City hereby provides for the issuance of water and sewer system revenue bonds in a principal amount up to $28,000,000, consisting of up to $481,001 of the $14,560,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on December 6, 1990, up to $1,880,179 of the $13,770,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on November 12, 1991, up to $228,208 of the $5,450,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on November 23, 1993, up to $5,773,442 of the $14,080,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 10, 1994, up to $1,464,354 of the $6,593,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 9, 1995, up to $1,023,216 of the $6,960,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 14, 1996, up to $1,580,331 of the $12,730,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 13, 1997, up to $5,069,187 of the $11,600,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 12, 1998, up to $3,116 281 of the $9,513,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 11, 1999, up to $3,186,381 of the $7,890,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 9, 2000, up to $2,475,513 of the $11,000,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 15, 2001, and up to $1,721,907 of the $6,930,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 14, 2002, which such bonds shall be issued and sold. The proceeds thereof shall be used to pay the Cost of the 2002 Project. All such bonds shall constitute Bonds, as defined in the Master Resolution. Section 7.302. Details of Series of 2002 Bonds. (a) The Series of 2002 Bonds shall be designated "Water and Sewer System Revenue Bonds, Series of 2002," shall be numbered R-1 upward, shall be dated, shall be in an aggregate principal amount not to exceed $28,000,000, shall bear interest at rates, payable semiannually on such dates and shall mature in installments on such dates and in years and amounts, all as determined by the City Manager to be in the best interest of the City. (b) Principal of the Series of 2002 Bonds and the premium, if any, thereon shall be payable to the holders upon the surrender of such Bonds at the principal corporate trust office of the Registrar. Interest on the Series of 2002 Bonds shall be payable by cheek or draft mailed to the holders as of the 15th day of the month prior to each interest payment date, at their addresses as they appear on the registration books kept by the Registrar. (c) Except as otherwise provided herein, the Series of 2002 Bonds shall be payable, executed, authenticated, registrable, exchangeable and secured, all as set forth in the Master Resolution. Section 7.303. Book Entry System. Initially, one Series of 2002 Bond certificate for each maturity will be issued to DTC, which is designated as the securities depository for the Series of 2002 Bonds, or its nominee, and immobilized in its custody. Beneficial owners of the Series of 2002 Bonds will not receive physical delivery of the Series of 2002 Bonds. So long as DTC is acting as securities depository for the Series of 2002 Bonds, a book entry system shall be employed, evidencing ownership of the Series of 2002 Bonds in principal amounts of $5,000 or multiples thereof, with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants. Interest on the Series of 2002 Bonds shall be payable in clearinghouse funds to DTC or its nominee as registered owner of the Series of 2002 Bonds. Principal, premium, if any, and interest shall be payable in lawful money of the United States of America by the Registrar. Transfer of principal and interest payments to participants of DTC shall be thc responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City and the Registrar shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. In the event that (a) DTC determines not to continue to act as securities depository for the Series of 2002 Bonds by giving notice to the City and the Registrar discharging its responsibilities hereunder, (b) the Registrar or the City determines that DTC is incapable of discharging its duties or that continuation with DTC as securities depository is not in the best interest of the City, or (c) the Registrar or the City determines that continuation of the book entry system of evidencing ownership and transfer of ownership of the Series of 2002 Bonds is not in the best interest of the City or the beneficial owners of the Series of 2002 Bonds, the Registrar and the City shall discontinue the book entry system with DTC. If the Registrar or the City fails to identify another qualified securities depository to replace DTC, the Registrar shall authenticate and deliver replacement bonds in the form of fully registered certificates to the beneficial owners or to the DTC participants on behalf of beneficial owners, substantially in the form as set forth in Appendix B with such variations, omissions or insertions as are necessary or desirable in the delivery of replacement certificates in printed form. The Series of 2002 Bonds would then be registrable and exchangeable as set forth in Section 204 of the Master Resolution. So long as DTC is the securities depository for the Series of 2002 Bonds (a) it shall be the registered owner of the Series of 2002 Bonds, (b) transfers of ownership and exchanges shall be effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants, and (c) references in this Seventh Supplemental Resolution to holders of the Series of 2002 Bonds shall mean DTC or its nominee and shall not mean the beneficial owners of the Series of 2002 Bonds. Section 7.304. Registrar. The selection of The Bank of New York as paying agent and bond registrar for the Series of 2002 Bonds is approved. Section 7.305. Form of Series of 2002 Bonds. The Series of 2002 Bonds shall be in substantially the form set forth in Appendix B with such variations, omissions and insertions as may be necessary to set forth the details thereof pursuant to Article II of the Master Resolution and Article III hereof. Section 7.306. Security for Series of 2002 Bonds. The Series of 2002 Bonds shall be issued pursuant to the Master Resolution and this Seventh Supplemental Resolution and shall be equally and ratably secured under and to the extent provided in the Master Resolution with the Prior Parity Bonds, any Bonds that may be issued under the Master Resolution, any Parity Double Barrel Bonds that may be issued and any Parity Debt Service Components that may be incurred, without preference, priority or distinction of any obligations over any other obligations; provided, however, the Debt Service Reserve Fund will secure only the Bonds. Section 7.307. Application of Proceeds. The proceeds of the Series of 2002 Bonds shall be applied as follows: (a) An mount representing accrued interest on the Series of 2002 Bonds fi.om their dated date to their date of delivery shall be paid to the Fiscal Agent and deposited in the Interest Account in the Revenue Bond Fund. (b) The amount of Series of 2002 Bond proceeds necessary, together with amounts on deposit in the Debt Service Reserve Fund, to equal the Debt Service Reserve Requirement after the issuance of the Series of 2002 Bonds shall be paid to the Fiscal Agent and deposited into the Debt Service Reserve Fund. (c) The balance of the proceeds shall be retained by the City and deposited in a General Account in the Construction Fund to be used to pay the Cost of the 2002 Project and to pay expenses incident to issuing the Series of 2002 Bonds. ARTICLE IV REDEMPTION OF SERIES OF 2002 BONDS Section 7.401. Optional Redemption Provisions. (a) The Series of 2002 Bonds may be subject to redemption prior to maturity at the option of the City on or at~er dates, if any, determined by the City Manager, in whole or in part at any time at redemption prices equal to the principal amount of the Series of 2002 Bonds, together with any accrued interest to the redemption date, plus redemption premiums not to exceed 2% of the principal amount of the Series of 2002 Bonds, as such redemption premiums may be determined by the City Manager. Section 7.402. Mandatory Redemption. The Series of 2002 Bonds may be subject to mandatory sinking fund redemption prior to maturity in years and amounts, upon payment of 100% of the principal amount thereof to be redeemed plus interest accrued to the redemption date, as may be determined by the City Manager. Section 7.403. Manner of Redemption. If less than all the Series of 2002 Bonds are called for redemption, the maturities of the Series of 2002 Bonds to be redeemed shall be selected in such manner as the City Manager or the chief financial officer of the City may determine to be in the best interest of the City. If less than all of the Series of 2002 Bonds of any maturity are called for redemption, the Series of 2002 Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar at its discretion may determine. In either case, (a) the portion of any Series of 2002 Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and Co) in selecting Series of 2002 Bonds for redemption, each portion of $5,000 principal amount shall be counted as one bond for this purpose. Section 7.404. Notice of Redemption. (a) Notice of redemption of the Series of 2002 Bonds shall be given in the manner set forth in Section 402 of the Master Resolution. (b) In the case of an optional redemption, the notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with an escrow agent no later than the redemption date or (2) the City retains the right to rescind such notice on or prior to the scheduled redemption date (in either case, a "Conditional Redemption"), and such notice and optional redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded as described herein. Any Conditional Redemption may be rescinded at any time prior to the redemption date, and the Registrar shall give prompt notice of such rescission to the affected Series of 2002 Bondholders. Any Series of 2002 Bonds subject to Conditional Redemption where redemption has been rescinded shall remain Outstanding, and the rescission shall not constitute an Event of Default. Further, in the case of a Conditional Redemption, the failure of the City to make funds available on or before the redemption date shall not constitute an Event of Default, and the Registrar shall give immediate notice to all organizations registered with the Securities and Exchange Commission as securities depositories or the affected Series of 2002 Bondholders that the redemption did not occur and that the Series of 2002 Bonds called for redemption and not so paid remain outstanding. ARTICLE V FEDERAL TAX PROVISIONS Section 7.501. Limitation of Use of Proceeds. The City covenants with the holders of the Series of 2002 Bonds as follows: (a) The City shall not take or omit to take any action or make any investment or use of the proceeds of any Series of 2002 Bonds (including failure to spend the same with due diligence) the taking or omission of which would cause the Series of 2002 Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code, including without limitation participating in any issue of obligations that would cause the Series of 2002 Bonds to be part of an "issue" of obligations that are arbitrage bonds, within the meaning of Treasury Regulations Section 1.148- 10 or successor regulation, or otherwise cause interest on the Series of 2002 Bonds to be includable in the gross income of the registered owners under existing law. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States of America any part of the earnings derived from the investment of gross proceeds of the Series of 2002 Bonds. (b) The City shall not permit the proceeds of the Series of 2002 Bonds or the facilities to be financed with such proceeds to be used in any manner that would result in either (1) 5% or more of such proceeds or the facilities being financed with such proceeds being considered as having been used in any trade or business carried on by any person other than a govemmental unit as provided in Section 141(b) of the Code, (2) 5% or more of such proceeds or the facilities being financed with such proceeds being used with respect to any "output facility" (other than a facility for the furnishing of water) within the meaning of Section 141Co)(4) of the Code, or (3) $% or more of such proceeds being considered as having been used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141 (c) of the Code; provided, however, that if the City receives an opinion of Bond Counsel that compliance with any such covenant is not required to prevent the interest on the Series of 2002 Bonds from being includable in the gross income of the registered owners thereof under existing law, the City need not comply with such restriction. (c) The City shall not take any other action that would adversely affect, and shall take all action within its power necessary to maintain, the exclusion of interest on all Series of 2002 Bonds from gross income for federal income taxation purposes. Section 7.502. Rebate Requirement. The City shall determine and pay, from any legally available source, the Rebate Amount, if any, to the United States of America, as and when due, in accordance with the "rebate requirement" described in Section 148(f) of the Code and retain records of all such determinations until six years after payment of the Series of 2002 Bonds. Section 7.503. Calculation and Payment of Rebate Amount. (a) The City selects October 1 as the end of the bond year with respect to the Series of 2002 Bonds pursuant to Treasury Regulation Section 1.148-1. (b) Within 30 days after the initial installment computation date, the last day of the fifth bond year (October 1, 2007), unless such date is changed by the City prior to the date that any amount with respect to the Series of 2002 Bonds is paid or required to be paid to the United States of America as required by Section 148 of the Code, and at least once every five years thereafter, the City shall cause the Rebate Amount to be computed. Prior to any payment of the Rebate Amount to the United States of America as required by Section 148 of the Code, such computation (the "Rebate Amount Certificate") setting forth such Rebate Amount shall be prepared or approved by (1) a person with experience in matters of governmental accounting for Federal income tax purposes or (2) a bona fide arbitrage rebate calculation reporting service. (c) Not later than 60 days after the initial installment computation date, the City shall pay to the United States of America at least 90% of the Rebate Amount as set forth in the Rebate Amount Certificate prepared with respect to such installment computation date. At least once on or before 60 days after the installment computation date that is the fifth anniversary of the initial installment computation date and on or before 60 days every fifth anniversary date thereafter until final payment of the Series of 2002 Bonds, the City shall pay to the United States of America not less than the amount, if any, by which 90% of the Rebate Amount set forth in the most recent Rebate Amount Certificate exceeds the aggregate of all such payments theretofore made to the United States of America pursuant to this Section. On or before 60 days after final payment of the Series of 2002 Bonds, the City shall pay to the United States of America the amount, if any, by which 100% of the Rebate Amount set forth in the Rebate Amount Certificate with respect to the date of final payment of the Series of 2002 Bonds exceeds the aggregate of all payments theretofore made pursuant to this Section. All such payments shall be made by the City fi.om any legally available source. (d) Notwithstanding any provision of this Article to the contrary, no such calculation or payment shall be made if the City receives an opinion of Bond Counsel to the effect that (l) such payment is not required under the Code in order to prevent the Series of 2002 Bonds from becoming "arbitrage bonds" within the meaning of Section 148 of the Code or (2) such payment should be calculated and paid on some alternative basis under the Code, and the City complies with such alternative basis. ARTICLE VI MISCELLANEOUS Section 7.601. Limitation of Rights. With the exception of the rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Seventh Supplemental Resolution is intended or shall be construed to give any person other than the parties hereto and the holders of the Series of 2002 Bonds any legal or equitable right, remedy or claim under or in respect to this Seventh Supplemental Resolution or any covenant, condition or agreement herein contained, this Seventh Supplemental Resolution and all of the covenants, conditions and agreements hereof being intended to be and being for the sole and exclusive benefit of the holders of the Series of 2002 Bonds as herein provided. Section 7.602. SNAP Investment. The Council has received and reviewed the Information Statement (the "Information Statement") describing the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") and the Contract Creating the State Non-Arbitrage Program Pool I (the "Contract"). The Council acknowledges the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the Contract. Section 7.603. Severability. If any provision of this Seventh Supplemental Resolution shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof. Section 7.604. Effective Date. This Seventh Supplemental Resolution shall take effect immediately. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2002. CA-8635 R-1 October 2, 2002 APPENDIX A Description of the 2002 Project City of Virginia Beach, Virginia Water and Sewer System Revenue Bonds Series of 2002 The 2002 Project consists of extensions, improvements, enlargements, additions and replacements to the plants, systems, facilities, equipment or property owned, in whole or in part, acquired, operated or maintained by or on behalf of the City of Virginia Beach, Virginia, in connection with the collection, treatment or disposal of sanitary sewer and the supply, treatment, storage or distribution of water. The water system improvements include but are not limited to replacement of existing water mains, construction of new water mains, modification of existing pump stations and small line improvements. The sanitary sewer system improvements include but are not limited to construction of new gravity sanitary sewers, construction of new force mains, modification of existing pumping stations and construction of new pumping stations. A-1 APPENDIX B FORM OF SERIES OF 2002 BOND Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED R- $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH Water and Sewer System Revenue Bond, Series of 2002 INTEREST RATE MATURITY DATE DATED DATE CUSIP % October 1,__ October 15, 2002 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, hereby promises to pay upon surrender hereof at the principal corporate trust office of The Bank of New York, New York, New York (the "Registrar"), solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon semiannually on each April 1 and October 1, beginning April 1, 2003, at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Interest is payable (a) from October 1, 2002, if this Bond is authenticated prior to April 1, 2003, or Co) otherwise from the April 1 or October 1 that is, or immediately precedes, the date on which this Bond is authenticated (unless payment of interest hereon is in default, in which case this Bond shall bear interest from the date to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at his address as it appears on the 15th day of the month preceding each interest payment date on registration books kept by the Registrar. Principal, premium, if any, and interest are payable in lawful money of the United States of America. B-1 Notwithstanding any other provision hereof, this Bond is subject to a book entry system maintained by The Depository Trust Company ("DTC") and the payment of principal and interest, the providing of notices and other matters will be made as described in the City's Blanket Letter of Representations to DTC. This Bond is one of an issue of $28,000,000 Water and Sewer System Revenue Bonds, Series of 2002 (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, authorized and issued pursuant to ordinances and resolutions adopted by the City Council including a resolution adopted on February 11, 1992, as previously supplemented and as supplemented and amended by a resolution adopted on October 8, 2002 (collectively, the "Resolution"), and the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991, to provide funds, together with other available funds, to pay the cost of the acquisition and construction of improvements and extensions to the City's water and sanitary sewer system (the "System"), as more fully described in the Resolution. The Bonds and the premium, if any, and the interest thereon are limited obligations of the City and are payable solely from the revenues to be derived from the ownership or operation of the System, as the same may from time to time exist, except to the extent payable from the proceeds of the Bonds, the income, if any, derived from the investment thereof, certain reserves, income from investments pursuant to the Resolution or proceeds of insurance, which revenues and other moneys have been pledged as described in the Resolution to secure payment thereof. The Bonds, the premium, if any, and the interest thereon are payable solely from the revenues pledged thereto in the Resolution, and nothing herein or in the Resolution shall be deemed to create or constitute an indebtedness of or a pledge of the faith and credit of the Commonwealth of Virginia or of any county, city, town or other political subdivision of the Commonwealth, including the City. The Bonds are issued under and are equally and ratably secured on a parity with the unpaid balance of the City's $5,100,000 Water and Sewer Revenue Notes, 1977 (P.A. Corp.), $2,000,000 Drought Relief Revenue Bond, 1978, $2,200,000 Water and Sewer Revenue Notes, 1982 (County Utilities), $1,800,000 Water and Sewer Revenue Notes, 1982 (Kempsville Utilities), $46,440,000 Water and Sewer System Revenue and Refunding Bonds, Series of 1993, $1,405,031.36 Taxable Water and Sewer System Revenue Bond, Series of 1994, $7,500,000 Taxable Water and Sewer System Revenue Bond, Series of 1997, $6,200,000 Taxable Water and Sewer System Revenue Bond, Series of 1998, and $40,000,000 Water and Sewer System Revenue Bonds, Series of 2000 (collectively, the "Parity Bonds"), to the extent set forth in the Resolution. Reference is hereby made to the Resolution and all amendments and supplements thereto for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the City, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. Additional bonds ranking equally with the Bonds and the Parity Bonds may be issued on the terms provided in the Resolution. The Bonds are subject to redemption beginning October 15, 2012, in whole or in part at any time, at the option of the City, at a redemption price equal to 100% of the principal amount of Bonds to be redeemed plus interest accrued and unpaid to the redemption date. B-2 Bonds maturing on October 1, , are required to be redeemed prior to maturity, in part, in accordance with the sinking fund requirements of Section 7.402 of the resolution adopted on October 8, 2002, on October 1 in years and amounts upon payment of 100% of the principal amount thereof plus interest accrued to the redemption date, as follows: Year Amount Year Amount The amount of the Bonds required to be redeemed pursuant to the preceding paragraph may be reduced in accordance with provisions of the Resolution. If less than all the Bonds are called for redemption, the maturities of the Bonds to be redeemed shall be selected in such manner as the City Manager or the chief financial officer of the City may determine to be in the best interest of the City. If less than all of the Bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each portion of $5,000 principal amount shall be counted as one bond for this purpose. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender hereof. The Registrar will cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by registered or certified mail, not less than 30 nor more than 60 days prior to the redemption date, to DTC or its nominee as the registered owner thereof. The City will not be responsible for mailing notice of redemption to anyone other than DTC or another qualified securities depository or its nominee unless no qualified securities depository is the registered owner of the Bonds. If no qualified securities depository is the registered owner of the Bonds, notice of redemption will be mailed to the registered owners of the Bonds. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured as set forth in the Resolution and shall not be deemed to be outstanding under the provisions of the Resolution. The registered owner of this Bond shall have no right to enforce the provisions of the Resolution or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Resolution or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Resolution. Modifications or alterations of the Resolution, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Resolution. B-3 The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other fights and powers of the owner, except that interest payments shall be made to the person shown as owner on the 15th day of the month preceding each interest payment date. All acts, conditions and things required to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed. This Bond shall not be valid or be entitled to any security or benefit under the Resolution until the Registrar shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this Bond to be signed by the manual signature of its Mayor, to be countersigned by the manual signature of its Clerk, its seal to be impressed hereon, and this Bond to be dated October 15, 2002. COUNTERSIGNED: Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia Date Authenticated: CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within-mentioned Resolution. THE BANK OF NEW YORK, Registrar By Authorized Signature B-4 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print or typewrite name and address including zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE the within-mentioned Bond and all fights thereunder, hereby irrevocably constituting and appointing Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, Securities Broker/Dealer, Credit Union or Savings Association who is a member of a medallion program approved by The Securities Transfer Association, Inc. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the registered owner as it appears on the front of this bond in every particular, without alteration or enlargement or any change whatsoever. B-5 - 41 - Item V-J. PLANNING ITEM # 502 73 1. MOTHER'S, INC. NONCONFORMING USE 2. DA VID ELGIN MODIFICATION OF A CREA GE ALLOWED BY THE CONDITIONAL USE PERMIT 3. HARBOUR DEVELOPMENT CORPORATION, L.L.C. CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT VARIANCE 4. TRINITY CHRISTIAN FELLOWSHIP CONDITIONAL USE PERMIT October 8, 2002 Item V-d. - 42 - PLANNING ITEM # 502 74 Upon motton by Vtce Mayor Mandtgo, seconded by Counctlman Wood, Ctty Counctl APPROVED IN ONE MOTION Items 2, 3 (DEFERRED) and 4 (AMENDED CONDITIONS) of the PLANNING BY CONSENT Item 3 was DEFERRED UNTIL THE CITY COUNCIL SESSION OF JANUARY 14, 2003, BY CONSENT Item 4 was APPROVED, BY CONSENT, WITH AMENDED CONDITIONS Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None October 8, 2002 Item V4.1. - 43 - PLANNING ITEM # 502 75 The followtng spoke tn SUPPORT: Attorney Glen Huff, 4705 Columbus Street, Phone 552-6012, represented the apphcant, and presented supplemental tnformatton supporttng Mother's, Inc Said tnformatton ts hereby made a part of the record Resource Bank had tmttally tssued a non-conformtng loan Brenda McCormtck, 517 16th Street, Phone 491-2887 Pam Sterhng, 935 South Clubhouse Road, Phone 468-6822 The followtng spoke tn OPPOSITION Dorts H Ftsher, 415 16th Street, Phone 428-5506 Barbara Clark, 411 16th Street, Phone 425-2139 Upon motton by Counctlman Maddox, seconded by Counctl Lady McClanan, Ctty Counctl DENIED apphcatton of MOTHERS, INC for the reconstruction and conversion of a nonconformtng garage apartment tnto a nonconformtng stngle famtly restdence Apphcatton of Mothers, Inc for the demohtton and constructton of a nonconformtng use on the north stde of]6th Street, 50feet east of Balttc Avenue Parcel ts located at 417 ~ ]6th Street and contatns 5,000 square feet (GPIN #2427-06-6534) DISTRICT 6 - BEACH Vottng 10-0 Counctl Members Vottng Aye Margaret L Eure, Reba S McClanan, Rtchard A Maddox, Vice Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Abstatntng Louts R dones Counctl Members Absent None Councdman Jones DISCLOSED and ABSTAINED as Resource Bank &d provtde a loan to Mother's Inc , and he ts a Dtrector who has ownershtp tnterest tn Resource Bank, whtch exceeds three percent of tts total equtty October 8, 2002 Item V-J. 2. - 44- PLANNING ITEM # 502 76 Upon motton by Vtce Mayor Mandtgo, seconded by Councdman Wood, Ctty Counctl ADOPTED Ordinance upon phcatton of DA VID ELGIN for modtficatton of acreage allowed by the Condtttonal Use Permit for a church at Provtdence Road and Warning Street (5 724 Provtdence Road) (approved June 26, 1965) Or&nance upon Apphcatton of Davtd Elgtn for a modification of condmons placed on a condtttonal use permit for a church on June 26, 1965 Property ts located at 5724 Provtdence Road and contatns 2 02 acres (GPIN #1456-84-3691 AND #1456-84-3877) DISTRICT 2 - KEMPSVILLE The apphcant has requested a modification to the Condtttonal Use Permtt to reduce the area for church use to 1 4 acres Vottng 11-0 (By ConsenO Council Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vice Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Council Members Absent None October 8, 2002 - 45 - Item V-J.3. PLANNING ITEM # 502 77 Upon motton by Vtce Mayor Man&go, seconded by Councdman Wood, City Council DEFERRED to the City Council Session of January 14, 2003, Ordtnances upon apphcattons of HARBOUR DEVELOPMENT CORPORATION for a Condtttonal Change of Zontng, Condtttonal Use Permtt and Vartance Appeal to dectston of Admtntstrattve Officers re certatn elements of the Subdtvtston Ordmance, Sectton 4 4(b), that requires all newly created lots meet the requtrements of the City Zontng Ordinance (CZO) ORDINANCE UPON APPLICATION OF HARBOUR DEVELOPMENT CORPORATION, L L C, A VIRGINIA LIMITED LIABILITY COMPANY, FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FROM A G- I AND AG-2 TO CONDITIONAL R-30 Ordtnance upon Apphcatton ofHarbour Development Corporatton, L L C, a Vtrgtnta hmtted habthty company, for a Change of Z. ontng Dtstrtct Classtficatton from A G- 1 and A G-2 Agrtcultural Dtstrtcts to Condtttonal R-30 Residential Dtstrtct on certain property located on the south stde of N Landtng Road, west of West Neck Road (GPIN #1493-58-7581) The proposed zoning to Conchttonal R-30 ts for stngle famtly land use on lots' no less than 30, 000 square feet The Comprehenstve Plan recommends use of thts parcel for appropriate growth opportumttes, conststent wtth the economtc vttahty pohctes of Vtrgtma Beach Smd property contams 65 1 acres DISTRICT 7 - PRINCESS ANNE ORDINANCE UPON APPLICATION OF HARBOUR DEVELOPMENT CORPORATION, L L C, A VIRGINIA LIMITED LIABILITY COMPANY, FOR A CONDITIONAL USE PERMIT FOR AN OPEN SPACE PROMOTION Ordtnance upon Apphcatton of Harbour Development Corporation, L L C, a Virginia hmtted habthty company, for a Con&ttonal Use Permit for an Open Space Promotion on certatn property located on the south stde of N Landtng Road, west of West Neck Road (GPIN #1493-58-7581) Said property contains 65 1 acres DISTRICT 7 - PRINCESS ANNE AND, Appeal to Dectstons of Admtmstratlve Officers tn regard to certain elements of the Subdtvtston Ordinance, Subchvtston for Harbour Development Corporatton Property ts located on the south stde of N Landtng Road, west of West Neck Road (GPIN #1493-58-7581) Satd property contatns 65 1 acres DISTRICT 7 - PRINCESS ANNE Vottng 11-0 (By Consent) Counctl Members Voting Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Richard A Maddox, Vwe Mayor Robert C Man&go, Jr, Mayor Meyers E Oberndorf Jtm Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James' L Wood Counctl Members Voting Nay None Counctl Members Absent None October 8, 2002 - 46- Item V-J. 4. PLANNING ITEM # 502 7~ Upon motton by Vice Mayor Man&go, seconded by Councilman Wood, Ctty Counctl ADOPTED Or&nance upon apphcatton of TRINITY CHRISTIAN FELLOWSHIP for a Con&ttonal Use Permtt ORDINANCE UPON APPLICATION OF TRINITY CHRISTIAN FELLOWSHIP FOR A CONDITIONAL USE PERMIT FOR A CHURCH ROI 00231050 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcatton of Trmtty Chrtsttan Fellowshtp for a Con&ttonal Use Permit for a church on the south side of Challedon Drive, 642 54 feet east of S Parhament Drtve (GPIN #1466-58-2655) Satd parcel ts located at 5245 Challedon Drive and contatns 16,247 88 square feet DISTRICT 2 - KEMPSVILLE The followtng con&ttons shall be required 2~ The parking lot shall be re-striped so as to clearly dehneate all parking spaces, tnclu&ng the requtred han&cap space Foundation landscaping within planters shall be installed and maintained alone_ at least 50percent of the front facade f, acing Challedon Drive A Certtficate of Occupancy shall be obtained from the Butldtng Offictal prtor to occupancy. Thts Or&nance shall be effecttve tn accordance wtth Section 107 69 of the Zontng Or&nance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta. on the Etghth of October, Two Thousand Two Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndor~, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Council Members Vottng Nay None Counctl Members Absent None October 8. 2002 -47- Item V-L. 1. APPOINTMENTS ITEM # 502 79 BY CONSENSUS, Ctty Council RESCHEDULED the followtng APPOINTMENT: PARKS AND RECREATION COMMISSION October 8, 2002 - 48- Item V-O. ADJOURNMENT ITEM # 50280 Mayor Meyera E Oberndorf DECLARED the City Counctl Meeting ADJOURNED at 7:28 P.M. oks, CMC Chtef Deputy Cay Clerk Ctty Clerk Meyera E Oberndorf Mayor City of Vtrgtnta Beach Vtrgtnta October 8, 2002