HomeMy WebLinkAboutMAY 11, 2004 AGENDA
"COMMUNITY FOR A LIFETIME"
CITY OF VIRGINIA BEACH
CITY COUNCIL
MA YOR MEYERA E. OBERNDORF, At-La,.e
VICE MAYOR LOULS R. JONES, Bay'¡¿" - Di>trict 4
HARRY E. DIEZ,EL, Kemp"Ü/e - Dutrict 2
MARGARET L EURE, Cen,,~il¡e - Dutri" 1
REBA S. M,CLANAN, Ro" Holl - Dutrict 3
RICHARD A. MADDOX, Be"h - Du"i" 6
JIM REEVE, Pri""" Anne - Di>lrict 7
PETER w. SCHMIDT. At-La...,
RON A. VILLANUEVA, At-La'.,
ROSEMARY WILSON, At-La'ge
JAMES L WOOD, Lynnhav'n -Do"ict 5
CITY COUNCIL AGENDA
JAMES K. SPORE, Ci(Y Monage'
!-EWE L. ULLEY Ci(Y Anorn"
Rum HODGES SMITH, MMCA, Ci(Y C¡"k
11 May 2004
1. COUNCIL LIASION REPORTS
II, CITY COUNCIL COMMENTS
IIl. REVIEW OF AGENDA ITEMS
IV. INFORMAL SESSION
- Conference Room
- Conference Room
A.
CALL TO ORDER - Mayor Meyera E, Oberndorf
B.
ROLL CALL OF CITY COUNCIL
c.
RECESS TO CLOSED SESSION
v.
FORMAL SESSION
- Council Chamber
A.
CALL TO ORDER - Mayor Meyera E, Obemdorf
B.
Reverend Charles Moseley
Oak Grove Baptist Church
INVOCATION:
c.
CITY HALL BUILDING I
2401 COUR11l0USE DRIVE
VIRGINIA BEACH. VIRGINIA 23456-8005
PRaNK (757) 4274303
FAX (757) 426-5669
E MAILClycncl@vbgov.corn
2:30 P,M,
3:30 P,M,
6:00P.M,
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,
L
2,
3,
MINUTES
SPECIAL FORMAL SESSION
SPECIAL FORMAL SESSION
INFORMAL AND FORMAL SESSIONS
April 15,2004
April 20, 2004
April 27, 2004
G.
AGENDA FOR FORMAL SESSION
H.
1.
PUBLIC HEARINGS
L
AGRICULTURE RESERVE PROGRAM (ARP)
Baurn Road
2,
PROPERTY TAX EXEMPTIONS
a, Hampton Road Youth Hockey Association, Inc,
b, Hampton Roads Junior Golf Foundation
c, Paradocks, Inc,
3,
CITY PROPERTY FRANCHISE
Entertainment, Inc, - Virginia Beach Fishing Pier
4,
CITY PROPERTY LEASE FRANCHISES
a, Pilot Program (May 1 - September 30, 2004)
(1) Giovanni's Inc., tJa Giovanni's Restaurant, 2006 Atlantic Avenue
(2) Ocean Fries, Inc., tJa Keifer's Bar & Grill, 2218 Atlantic Avenue
Connector and Street Park Cafés
(1) Tradewinds, LC and Rockfish Sea Grill, LLC" tJa Rockfish Boardwalk
and Sea Grill 1601 Atlantic Avenue
21 Fun, LLC tJa Sharx Café, 211 21st Street
b,
(2)
5,
TOWING FEE INCREASE
6,
RURAL AREA UTILITIES
CONSENT AGENDA
h, AMEND the funding sources for the Agriculture Reserve Program (ARP) by
lowering the amount of real estate tax revenue
1. AMEND § 35-67.1 of the City Code to eliminate the imposition ofinterest on
deferred real estate taxes
j, AMEND §3l-l5 of the City Code re provision of automated refuse receptacles
k, AMEND §31-35 ofthe City Code establishing a Thirty Dollar ($30) fee re yard
waste containers
L AMEND §33-l13 of the City Code re encroachments by increasing the application
fee
m, AMEND §5-l4 of the City Code re the disposition of unclaimed animals by
REVISING the fee schedule and REQUIRING spaying or neutering prior to
adoption
n, AMEND §5-14 of the City Code re disposition of dead animals
0, AMEND § 3, Appendix C, Site Plan Ordinance, re adoption of fees for single-
family residential site plan review, site plan revisions and other site plan review
p, AMEND § 8,1, Appendix B, Subdivision Regulations re fees for construction
plans, final subdivision plats, plat revisions and subdivisions plats that do !!!!!
create additional lots
q, AMEND § 6-152,5 of Chapter 6 of the City Code re fees for permits for dredging
or filIing waters, marshlands and lowlands
r. AMEND §§ 1403 and 1603 of the City Zoning Ordinance (CZO) re application
fees and a fee for deferral of an application
s, AMEND and REORDAIN §§ 8-31 and 8-32 of Chapter 8 of the City Code re fees
for administration, stopwork orders, reviews of commercial plans and
residential water and sewer connections
t. AMEND and REORDAIN § 30-61 of Chapter 30 of the City Code re fees for
erosion and sediment control permits, plan review and inspections and review of
easement or dedication plats
u, AMEND and REORDAIN § 110 of Chapter 33 of the City Code re permit fees for
work on, over, under or affecting streets and the review of easement or
dedication plats
v, AMEND the Chesapeake Bay Preservation Area ordinance re the fee for
administrative and Board variances
J,
FY 2004-2005 RESOURCE MANAGEMENT PLAN and CAPITAL BUDGET
Note: These Ordinances re the FY 2004-2005 Operating
and Capital Budgets are submittedfor PUBLIC NOTICE, but
subject to amendments which may result from the City
Council's Reconciliation on May 6, 2004, (after the
printing of this Agenda)
L
Ordinances re the 2005-2005 Capital Improvement Program (CIP):
a, FY 2005/FY 2010 Capital Improvement Program (CIP) and APPROPRIATE
$177,305,866 for the FY 2005 Capital Budget subject to funds being provided from
various sources set forth therein
b, AUTHORIZE the issuance of General Obligation Public Improvement Bonds in
the maximum amount of $61,000,000 for various public facilities and general
improvements
c, AUTHORIZE issuance of Stonn Water Utility System Revenue Bonds in the
maximum amount of$510,000
d, AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the
maximum amount of$9,215,000
2,
Ordinances re FY 2004-2005 Operating Budget:
a, APPROPRIATIATE for the fiscal year, beginning July 1, 2004 and ending June 30,
2005, the sum of$1,399,227,960 for Operations and $505,583,901 in Interfund
Transfers regulating the payment of money out of the City Treasury, as Amended
b. ESTABLISH the Tax Levy on real estate for FY 2005
c. ESTABLISH the Tax Levy on personal property and machinery and tools for the
calendar year 2005
d. AUTHORIZE the City Manager to submit an Annual Funding Plan to the U, S,
Department of Housing and Urban Development (HUD)
e, AMEND §§ 35964 and 3567 of the City Code re the exemption or deferral of real
estate taxes for elderly or disabled persons by increasing income and net worth
limits
f, AMEND §35-159 ofthe City Code re lodging tax by extending the sunset
provisions to maintain the tax at its current amount
g, REVISE the City's fund balance policy
K.
0 RD INAN CES/RESO L UTI 0 N
1.
Ordinance to AMEND and REORDAIN the City Code:
a,
b,
c,
§ 17-3 Library Board revision of membership
§ 21-317 Maximum speed limits
§§ 21-426 and 24-429 Towing vehicles fì:om private property
Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP)
easement and the issuance of it's contract obligations in the maximum amount of
$116,154 (property of Dianna Conte and Patricia Ange on Baum Road).
2,
3,
Ordinances to AUTHORIZE the acquisition of properties and authorize the City
Manager to execute the appropriate documents:
b,
4,
5.
a,
Princess Anne Road for
Tidewater Community College expansion
$3,750,000
537 S. Rosernont Road for Housing and Neighborhood
Preservation fì:om South Hampton Roads Habitat for
Humanity Inc,
$36,685
Ordinances to DESIGNATE nonprofit organizations as exempt from local real and
personal property taxation:
a,
HAMPTON ROADS YOUTH HOCKEY ASSOCIATION, INc. established
as a benevolent organization to provide organized amateur hockey
b,
HAMPTON ROADS JUNIOR GOLF FOUNDATION established as a
benevolent organization to provide a program and, make golf more accessible to
all persons, particularly children
c,
P ARADOCKS, INc., chartered "to provide charitable services for the
disadvantaged and mobility-impaired
Ordinances to AUTHORIZE temporary encroachments:
a,
International Parkway and Central Drive right-of-way by STIHL
INCORPORATED to construct and maintain a conduit for computer cables to
provide a network between an existing building and a new building under
construction in Ocean a West Industrial Park (BEACH - DISTRlCT6)
b,
City's 20'uti1ity and drainage easement re a new two story fì:ame dwelling on
pilings at 814 Close Avenue by DAVID IRVIN and AMANDA ANSELL
(BEACH - DISTRICT6)
c,
Lake Wesley by JOSEPH M, and LORI ANNE HANLEY to modify and
maintain an existing fixed pier, floating pier, boat lift and mooring piles at
541 Virginia Dare Drive in Croatan Beach (BEACH - DISTRICT6)
6.
7.
8,
9,
Ordinances to AUTHORIZE franchises:
a,
ENTERTAINMENT, INC, for the use of City property at the Oceanfront and
15th Street re the Virginia Beach Fishing Pier
b,
TRADE WINDS, LC and ROCKFISH SEA GRILL, L.L.C. tJa ROCKFISH
BOARDW ALKBAR and SEA GRILL connector park café at 1601 Atlantic
Avenue, and 21 FUN L.L.C. tJa SHARX cAFÉ to operate a side street café' at
211 21 st Street from May 1, 2004, to April 30, 2005
c,
GIOVANNI'S INC" tJa GIOVANNI'S RESTAURANT at 2006 Atlantic
Avenue, and OCEAN FIRlES, INC., tJa KEIFER'S BAR & GRILL open air
café at 2218 Atlantic Avenue from May 1, 2004 to September 30, 2004
Ordinance to APPROPRIATE $80,000 from the General Fund Balance to provide an
interest-free loan to the Plaza Volunteer Rescue Squad re a new ambulance,
Ordinance to APPROPRIATE $70,000 from the fund balance of the Oyster Heritage
Trust fund to Planning's FY 2003-2004 operating budget to develop a plan for restoring
oysters in the Lynnhaven Watershed,
Ordinance to TRANSFER $130,000 from the General Fund Reserve for contingencies
to the Planning's FY 2003-2004 operating budget re development of an urban design
element for the Historic Kempsville Plan,
10.
Resolution re the annual ISSUANCE and SALE of $65,000,000 General Obligation
Public Improvement Bonds, Series 2004A,
11.
Resolution ESTABLISHING a Task Force to study the implementation of a Biennial
City Budget for fiscal planning purposes, (requested by Councilrnembers Ron
Villanueva, Peter Schmidt and Jim Wood)
12.
Resolution CONCURRING with issuance by the Norfolk Airport Authority of bank
qualified Tax-Exempt Revenue Bonds not to exceed $7,500,000 for VIRGINIA
WESLEYAN COLLEGE to construct and equip student housing at 1584 Wesleyan
Drive. (BAYSIDE-DISTRlCT4)
13, Resolution to APPOINT Christianna R. Dougherty-Cunningham and Lucia G. Whitlow
as Assistant City Attorneys.
L.
L
3.
M,
PLANNING
Applications for Variances to § 4.4(b) of the Subdivision Ordinance that requires all
newly created lots meet all the requirements ofthe City Zoning Ordinance (CZO):
a,
TIDEWATER CONVENIENCE, L.L.c., at 1689 Laskin Road
(DISTRICT 5 - L YNNHA VEN)
FLOYD E. WATERFIELD, JR. at 1680 Mill Landing Road,
(DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
b,
APPROVAL
2,
Application of MAL BON BROS. PETROLEUM, L.L.C. for Modification of Proffers
re size and access on a Conditional Change of Zoning approved by City Council on July
5,2000, (Beach Builders, Inc,) on the north side of Culver Lane east of General Booth
Boulevard
(DISTRICT 7- PRINCESS ANNE)
RECOMMENDATION:
APPROVAL
Application of OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM
ASSOC., INc. for a Modification of Conditions to add boatlifts applicable to a
Conditional Use Permit for a community pier approved by City Council on November
28,2000, and allow installation of up to seventy-five (75) boat lifts at 3665 Sandpiper
Road,
(DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
APPROVAL
APPOINTMENTS
BOARD OF BUILDING CODE APPEALS- (a) PlurnbinglMechanical
(b) Building Maintenance
HEALTH SERVICES ADVISORY BOARD
OPEN SPACE ADVISORY COMMITTEE
PUBLIC LffiRARY BOARD
TOWING ADVISORY BOARD
M, UNFINISHED BUSINESS
0,
NEW BUSINESS
p,
ADJOURNAMENT
***************
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 Device for the Deaf)
..............
Agenda OS/111041sb
www,vbgov.com
1. COUNCIL LIASION REPORTS
II, CITY COUNCIL COMMENTS
ill. REVIEW OF AGENDA ITEMS
IV. INFORMAL SESSION
- Conference Room
2:30 P,M,
- Conference Room
3:30 P,M,
A.
CALL TO ORDER - Mayor Meyera E, Oberndorf
B.
ROLL CALL OF CITY COUNCIL
c.
RECESS TO CLOSED SESSION
V.
FORMAL SESSION
- Council Chamber
6:00 P,M,
A.
CALL TO ORDER - Mayor Meyera E, Oberndorf
B.
INVOCATION:
Reverend Charles Moseley
Oak Grove Baptist Church
C,
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D,
ELECTRONIC ROLL CALL OF CITY COUNCIL
E.
CERTIFICATION OF CLOSED SESSION
F,
MINUTES
1.
2,
3,
SPECIAL FORMAL SESSION
SPECIAL FORMAL SESSION
INFORMAL AND FORMAL SESSIONS
April 15,2004
April 20, 2004
April 27, 2004
G,
AGENDA FOR FORMAL SESSION
iRtønlutinu
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affinnative vote recorded here and in accordance with the provisions of The
Virginia Freedom of Inforrnation Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia Law,
NOW, THEREFORE, BE IT RESOLVED:
That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Closed Session were heard, discussed or
considered by Virginia Beach City Council.
H.
L
3,
4,
1.
PUBLIC HEARINGS
AGRICULTURE RESERVE PROGRAM (ARP)
Baurn Road
2,
PROPERTY TAX EXEMPTIONS
a, Hampton Road Youth Hockey Association, Inc,
b, Hampton Roads Junior Golf Foundation
c. Paradocks, Inc,
CITY PROPERTY FRANCHISE
Entertainment, Inc, - Virginia Beach Fishing Pier
CITY PROPERTY LEASE FRANCHISES
a, Pilot Program (May 1 - September 30, 2004)
(1) Giovanni's Inc" tJa Giovanni's Restaurant, 2006 Atlantic Avenue
(2) Ocean Fries, Inc" tJa Keifer's Bar & Grin, 2218 Atlantic Avenue
Connector and Street Park Cafés
(1) Tradewinds, LC and Rockfish Sea Grill, LLC" tJa Rockfish Boardwalk
and Sea Grill 1601 Atlantic Avenue
21 Fun, LLC tJa Sharx Café, 211 21st Street
b,
(2)
5,
TOWING FEE INCREASE
6.
RURAL AREA UTILITIES
CONSENT AGENDA
íHE BEAC;ON
SUN[JAY,1\PI:UL 25, 2004
NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY
OF INSTALLMENT PURCHASE AGREEMENTS FOR THE
ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY
THE CITY OF VIRGINIA BEACH, VIRGINIA
Notice Is hereby given that the City Council of the City of Virginia
Beach, Virginia, wili hold a Public HearIng with respect to the execu-
tion and deiivery of Installment Purchase Agreements for the acquisi-
tion of agricu~uralland preservation easements with respect to land
located on Baum Road, In the C~y of Virginia Beach, Virginia, pursuant
to Ordinance No. 95-2319, known as the Agricultural Lands Preserva-
tion Ordinance, which establishes an agricultural reserve program for
the southem portion of the City designated to (a) promote and encour-
age tlW preservation of farmland, (b) presen¡e' open spaces and the
area's rural character, (c) conserve and protect environmentally sens>
tlve resources, (d) reduce and defer the need for mOljor infrastructure
improvements and the expenditure of public funds for such improve-
ments, and (e) assist in shaping the chatacter, direction and timing of
community development. Such easements will be purchased pursu-
ent to Installment Purchase Agreements for an estimated maximum
purchase price of $116,154. The City's obligation to pey the pur-
chase price under the Installment Purchase Agreements is a general
obligation of the City, and the full faith and credit and the unlimited
taxing power of the City wili be irrevocably pledged to the punctual
parment of the purchase price and the interest on the unpaid princ>
pa balance of the purchase price as and when the same respectively
become due and payable. The Public Hearing, which may be contin-
ued or adjoumed, will be held by the City Council on ~'ay 11, 2004, at
6:00 p.m. In the C~y Council Chambers iocated on the 2nd ftoor of the
City Hall Buiiding, 2401 Courthouse Drive, Virginia Beach, Virginia.
Any person interested in this matter may appear and be heard.
a~4. / d .;.--
CiTY OF ViRGINIA BEACH, VIRGINIA
Ruth Hodges Smith, MMC
City Clerk
Beacon: Aprii 25, 2004 and May 2, 2004
11357426
SUNDAY, MAY 2, 2004
NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY
OF INSTALLMENTPURCHASE AGREEMENTS FOR THE
ACQUISmON OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY
THE CITY OF VIRGINIA BEACH, VIRGINIA
Notice is hereby given that the City Council of the City of Virginia
Beach, Vilginia, will hold a Public Hearing with respect to the execu-
tion and delivery of Installment Purchase Agreements for the acquisi-
tion of agricultural iand preservation easements with respect to land
iocated on'ßaum Road, in the City of Virginia Beach, Virginia, pursuant
to Ordinance No. 95-2319, known as the Agricultural Lands Preserva-
tion Ordinance, which establishes an agricultural reserve program for
the southem portion of the City designated to (a) promote and encour-
age the preservation of farmland, (b) preserve open spaces andthe
area's rural character, (c) conserve and protect environmentally sens>
tive resources, (d) reduce and defer the .need for major infrastructure
improvements and the exp\:nditure of public .funds for such improve-
ments, and (e) assist in shaping the character, direction and timing of
community development Such eàsements will be purchased pursu-
ant to Installment Purchase Agreements for an estimated maximum
purchase price of $116,154. The City's obligation to pay the pur-
chase. price under the Installment Purchase Agreements is a general
obligation of the City, and the full faith and credit and the unlimited
taxing power of the City will be irrevocably pledged to the punctual
payment of the purchase price and the interest on the unpaid prine>
pal belance of the purchase price as and when the same respectively
become due and payable, The Public Hearing, which may be contin-
ued or adjourned, wiil be held by the City Council on May 11, 2004, at
6:00 p,m. in the City Councii Chambers located on the 2nd floor of the
City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia.
Any person interested in this matter may appear and be heard,
rj "';4../ d --
CITY OF VIRGINIA BEACH, VIRGINIA
Ruth Hodges Smith, MMC
City Clerk
Beacon: April 25, 2004 and May 2, 2004
11357426
THE BEACON
SUNDAY, MAY 2, 2004
NOTICE OF PUBUC HEARING
Requested exemptions from. 10..1
reel and personal plOparty taxation:
Hampon RoadS Youth Hockey Association, Inc.;
The Ham)ltðn Roads Junior 0011 Foundation: and
Paradocks. Inc,
On Tuesday, May 11, 2004, at 6:00 p,m. the Virginia Beach City
Council will hold a public hearing on the following requested exemp-
tions from local property taxes in the Council Chamber of the City Hall
Building, 2401 Courthouse Drive, Virginia Beach, Virginia,
1. Hampton Road Youth Hockey Association, Inc. owns tangibie per-
sonal property located in the City of Virginia Beach with an assessed
value of $199,500; the taxes are $2952,60 in tax year 2004, Hamp-
ton Roads Youth Hockey Association, Inc.. owns real property located
in the City of Virginia Beach with an assessed value of $999,212 in
tax year 2003-04: taxas on this property in 2003-04 are $12,190,40.
2. The Hampton Roads Junior Golf Foundation owns tanglbie per-
sonal property located in the City of Virginia Beach with an assessed
value of $68,263,69; the taxes on this property are $1010,30 in tax
year 2004. The Hampton Roads Junior Golf Foundation owns no real
property located in the City of Virginia 8each,
3, Paradocks, Inc.owns no real or tangible personal property located
in the City of Virginia Beach,
A copy of the proposed ordinances to implement the requested
exemptions is on file in the office of the City Clerk. All interested per-
sons are welcome to appear at the hearing and present their views on
this proposed exemption, If you are physically disabled, or hearing or
visually impaired, and you need assistance at this meeting, please call
4274305 Voice/TDD.
Beacon May 2, 2004
~ ¿;;:;-
Ruth Hodges Smith, MMC
City Clerk
11399036
THE BEACON
SUNDAY, MAY 2, 2004
PUBUC HEARING
FRANCHISE TO USE CITY PROPERTY
The VIrginia Beach CIty Council will hold a PUBLIC HEARING on Tues-
day, May 11, 2004, at 6:00 P.M" in the Council Chamber of the City
Hall Building, 2401 Cout!hòuse Drive, Virginia.Beach, VIrginia, regard-
ing a proposed franchise agreement w~h Entertainment, Inc, for the
Virginia Beach Fishing Pier located at the Oceanfront and 15th Street.
The purpose of this hearing will be to obtain public comment on this
proposed franchise to use City property, Any questions conceming
this matter should be directed to Mike Eason, Resort Coordinator, Vir.
ginia Beach Convention and VIsitors Bureau, by caliing (757)
4'374800.
If you are physically disabled or visually impaired and need assi..
I8nce at this meeting, please call the CITY CLERK'S OFFICE at 427 .
4303; Hearing impaired, call roo only 427 . 4305 (TOO. Telephone
Device for the'Deaf),
Beacon May 2, 2004
(j-.4, / ¿¡--
Ruth Hodges Smith, MMC
City Cierk
11414989
THE BEACON
SUNDAY, MAY 2, 2004
PUBLlC.NonCE
LEASES OF CITY PROPERTY
The Virginia Beach City. Council'winhOld a PUBlIC HEARING at 6:00
p.m. on Tuesday, May 11, 2004, in Council Chamber of the City Hall
Building, 2401, Courthouse Drive, Virginia Beach, Virginia, regarding
the pruposed café franchise lease agreement of City-owned property to
the entities listed below:
Pilot ProlUam Franchises IMav 1 2004. Seotember 30 2004\:
1. Giovanni's Inc.. Va Giovanni's Restaurant (2006 Atlantic Avenue)
2, Ocean Fries, Inc., Va Ke~er's Bar & Grill (2218 Atlantic Avenue)
Café franchises'
1. Tradewinds, LC and Rockfish Sea Grill, L,LC, Va Rockfish
Boardwalk Bar and Sea Grill, (1601 Atlantic Avenue),
connector park
2, 21 Fun , LLC Va Sharx (211 21st Street), Atlantic Menue side
street cafe
The purpose of this hearing will be to obtain public comment on these
proposed leases of City property. Any questions conceming the
above-referenced franchises should be directed to Mike Eason, Resort
Coordinator, Virginia Beach Convention and Visitors Bureau, by calling
(757) 437.4800, 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 1OD only 427 .430S
(TDD . Telephone Device for the Deaf),
Beacon May 2, 2004
If -=4-/ ¿;;::-
Ruth Hodges Smith, MMC
City Clerk
11414879
THE BEACON
SUNDAY, MAY 2, 2004
NOTICE OF FEE IN'CREASES
On Moy 11, 2004, at 6:00 P,M.. the Virginia Beach City Council will
hold 0 PUBUC HEARING in the Council Chamber of the City Holl Build-
ing, 2401 Courthouse. Drive, Virginia Beach, VIrginia, regarding a pro-
posed ordinance entitled:
Ordinance to Amend the City Towing Ordinance, Pertaining to the Tow-
ing fees. The proposed ordinance wouid amend and reordain Sec-
tions 21426 and 21429 of the City Towing Ordinance to change the
!2:!ii!Jg fee from $75 to $B5 f2¡ . less than 11,000
pounds, and to change the wei hin less than
11000 pounds from $ first 24 hours, The
ordinance also requires tow truck operators to offer a survey/com-
ment form with the receipt for monies collected, and requires a notice
on the receipt alerting the vehicle owner to this requirement. The
authority for establishment of such fees is contained in Virginia Code
Section 46.2-1233.
if you are physically disabled, or hearing or'visually impaired or need
assistance, piease call 4274305 voice/TOD.
r;.-~ ,.d-
Ruth Hodges Smith, MMC
City Clerk
11414952
Beacon May 2, 2004
J,
FY 2004-2005 RESOURCE MANAGEMENT PLAN and CAPITAL BUDGET
Note: These Ordinances re the FY 2004-2005 Operating
and Capital Budgets are submitted for PUBLIC NOTICE, but
subject to amendments which may result from the City
Council's Reconciliation on May 6, 2004, (after the
printing of this Agenda)
1.
Ordinances re the 2005-2005 Capital Improvement Program (CIP):
a, FY 2005/FY 2010 Capital Improvement Program (CIP) and APPROPRIATE
$177,305,866 for the FY 2005 Capital Budget subject to funds being provided from
various sources set forth therein
b. AUTHORIZE the issuance of General Obligation Public Improvement Bonds in
the maximum amount of$61,000,000 for various public facilities and general
improvements
c. AUTHORIZE issuance of Storm Water Utility System Revenue Bonds in the
maximum amount of$510,OOO
d, AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the
maximum amount of$9,215,00O
2,
Ordinances re FY 2004-2005 Operating Budget:
a, APPROPRlATIATE for the fiscal year, beginning July 1, 2004 and ending June 30,
2005, the sum of$1,399,227,960 for Operations and $505,583,901 in Interfund
Transfers regulating the payment of money out of the City Treasury, as Amended
b, ESTABLISH the Tax Levy on real estate for FY 2005
c. ESTABLISH the Tax Levy on personal property and machinery and tools for the
calendar year 2005
d, AUTHORIZE the City Manager to submit an Annual Funding Plan to the U, S,
Department of Housing and Urban Development (HUD)
e, AMEND §§ 35964 and 3567 ofthe City Code re the exemption or deferral of real
estate taxes for elderly or disabled persons by increasing income and net worth
limits
f, AMEND §35-159 of the City Code re lodging tax by extending the sunset
provisions to maintain the tax at its current amount
g, REVISE the City's fund balance policy
h, AMEND the funding sources for the Agriculture Reserve Program (ARP) by
lowering the amount ofreal estate tax revenue
i. AMEND § 35-67.1 of the City Code to eliminate the imposition of interest on
deferred real estate taxes
J. AMEND §31-15 of the City Code re provision of automated refuse receptacles
k. AMEND §31-35 of the City Code establishing a Thirty Dollar ($30) fee re yard
waste containers
L AMEND §33-113 of the City Code re encroachments by increasing the application
fee
ID, AMEND §5-14 of the City Code re the disposition of unclaimed animals by
REVISING the fee schedule and REQUIRING spaying or neutering prior to
adoption
n. AMEND §5-14 of the City Code re disposition of dead animals
0, AMEND § 3, Appendix C, Site Plan Ordinance, re adoption offees for single-
family residential site plan review, site plan revisions and other site plan review
p, AMEND § 8,1, Appendix B, Subdivision Regulations re fees for construction
plans, final subdivision plats, plat revisions and subdivisions plats that do not
create additional lots
q, AMEND § 6-152,5 of Chapter 6 of the City Code re fees for permits for dredging
or filling waters, marshlands and lowlands
r. AMEND §§ 1403 and 1603 of the City Zoning Ordinance (CZO) re application
fees and a fee for deferral of an application
s. AMEND and REORDAIN §§ 8-31 and 8-32 of Chapter 8 of the City Code re fees
for administration, stopwork orders, reviews of commercial plans and
residential water and sewer connections
t AMEND and REORDAIN § 30-61 of Chapter 30 of the City Code re fees for
erosion and sediment control permits, plan review and inspections and review of
easement or dedication plats
u, AMEND and REORDAIN § 110 of Chapter 33 of the City Code re permit fees for
work on, over, under or affecting streets and the review of easement or
dedication plats
v, AMEND the Chesapeake Bay Preservation Area ordinance re the fee for
administrative and Board variances
K.
0 RD IN AN CES/RESO L UTI 0 NS
1.
Ordinance to AMEND and REORDAIN the City Code:
a,
b,
c,
§ 17-3 Library Board revision of membership
§ 21-317 Maximum speed limits
§§ 21-426 and 24-429 Towing vehicles from private property
Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP)
easement and the issuance of it's contract obligations in the maximum amount of
$116,154 (property of Dianna Conte and Patricia Ange on Baum Road).
2,
3,
Ordinances to AUTHORIZE the acquisition of properties and authorize the City
Manager to execute the appropriate documents:
a,
b,
4.
5.
Princess Anne Road for
Tidewater Community College expansion
$3,750,000
537 S, Rosemont Road for Housing and Neighborhood
Preservation from South Hampton Roads Habitat for
Humanity Inc,
$36,685
Ordinances to DESIGNATE nonprofit organizations as exempt from local real and
personal property taxation:
a,
HAMPTON ROADS YOUTH HOCKEY ASSOCIATION, INc. established
as a benevolent organization to provide organized amateur hockey
b,
HAMPTON ROADS JUNIOR GOLF FOUNDATION established as a
benevolent organization to provide a program and, make golf more accessible to
all persons, particularly children
c.
P ARADOCKS, INC., chartered "to provide charitable services for the
disadvantaged and mobility-impaired
Ordinances to AUTHORIZE temporary encroaclunents:
a,
International Parkway and Central Drive right-of-way by STIHL
INCORPORATED to construct and maintain a conduit for computer cables to
provide a network between an existing building and a new building under
construction in Oceana West Industrial Park (BEACH - DISTRICT6)
b.
City's 20'uti1ity and drainage easement re a new two story frame dwelling on
pilings at 814 Close Avenue by DAVID IRVIN and AMANDA ANSELL
(BEACH - DISTRICT6)
c.
Lake Wesley by JOSEPH M, and LORI ANNE HANLEY to modifY and
6.
7,
8.
9,
maintain an existing fIXed pier, floating pier, boat lift and mooring piles at
541 Virginia Dare Drive in Croatan Beach (BEACH - DISTRICT6)
Ordinances to AUTHORIZE franchises:
a,
ENTERTAINMENT, INc. for the use of City property at the Oceanfront and
15th Street re the Virginia Beach Fishing Pier
b,
TRADEWINDS, LC and ROCKFISH SEA GRILL, L.L.C. tJa ROCKFISH
BOARDW ALKBAR and SEA GRILL connector park café at 1601 Atlantic
Avenue, and 21 FUN L.L.c. tJa SHARX cAFÉ to operate a side street café' at
211 21 st Street from May 1, 2004, to April 30, 2005
c,
GIOVANNI'S INC" tJa GIOVANNI'S RESTAURANT at 2006 Atlantic
Avenue, and OCEAN FIRlES, INC., tJa KEIFER'S BAR & GRILL open air
café at 2218 Atlantic Avenue from May 1, 2004 to September 30, 2004
Ordinance to APPROPRIATE $80,000 from the General Fund Balance to provide an
interest-free loan to the Plaza Volunteer Rescue Squad re a new ambulance.
Ordinance to APPROPRIATE $70,000 from the fund balance of the Oyster Heritage
Trust fund to Planning's FY 2003-2004 operating budget to develop a plan for restoring
oysters in the Lynnhaven Watershed,
Ordinance to TRANSFER $130,000 from the General Fund Reserve for contingencies
to the Planning's FY 2003-2004 operating budget re development of an urban design
element for the Historic Kempsville Plan,
10,
Resolution re the annual ISSUANCE and SALE of$65,000,000 General Obligation
Public Improvement Bonds, Series 2004A.
11.
Resolution EST ABLISIDNG a Task Force to study the implementation of a Biennial
City Budget for fiscal planning purposes, (requested by Councilmembers Ron
Villanueva, Peter Schmidt and Jim Wood)
12.
Resolution CONCURRING with issuance by the Norfolk Airport Authority of bank
qualified Tax-Exempt Revenue Bonds not to exceed $7,500,000 for VIRGINIA
WESLEYAN COLLEGE to construct and equip student housing at 1584 Wesleyan
Drive. (BA YSIDE - DISTRICT 4)
13, Resolution to APPOINT Christianna R. Dougherty-Cunningham and Lucia G. Whitlow
as Assistant City Attorneys,
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: The FY 2004-05 Capital Improvement Program and Related Ordinances
MEETING DATE: May 11,2004
.
Background: On March 30, 2004 the City of Virginia Beach FY 2004-05 Proposed
Resource Management Plan, which includes both the Operating Budget and Capital
Improvement Program, was presented to City CounciL City Council Workshops were
held on April13, 15,20,27 and May 6th to provide information to the City CounciL On
April 15 and 20th, public hearings were held to provide the public the opportunity to
comment on the proposed Resource Management Plan, Ordinances were updated to
reflect City Council's direction at the May 6,2004 reconciliation workshop,
.
Considerations: The following ordinances are provided for the Council's consideration
and approval to implement the FY 2004-05 Capital Improvement Program, and unless
otherwise noted, require affirmative vote by the majority of the members of City CounciL
1. An Ordinance to Adopt the FY 2005IFY 2010 Capital Improvement Program and to
Appropriate $177,305,866 for the FY 2005 Capital Budget Subject to Funds being
Provided from Various Sources Set Forth Herein
2, An Ordinance Authorizing the Issuance of General Obligation Public Improvement
Bonds of the City of Virginia Beach, Virginia, in the Maximum Amount of
$61,000,000 for Various Public Facilities and General Improvements
3, An Ordinance Authorizing Issuance of Storm Water Utility System Revenue Bonds
of the City of Virginia Beach, Virginia, in the Maximum Amount of$510,000
4, An Ordinance Authorizing Issuance of Water and Sewer System Revenue Bonds of
the City of Virginia Beach, Virginia, in the Maximum Amount of$9,215,000
.
Public Information: Information will be disseminated to the public through the normal
Council agenda process involving the advertisement of City Council agenda and public
hearings, pursuant to local and state code requirements,
.
Alternatives: No alternatives are available to implement the FY 2004-05 Capital
Improvement Program.
.
Recommendations: Subject to change by Council at Reconciliation, it is recommended
that the attached ordinances implementing the FY 2004-05 Capital Improvement Program
be approved,
.
Attachments: FY 2004-05 Capital Improvement Program Ordinances
Recommended Action: Approval of Ordinances .'
Submitting Department! Agency: Management servic{:~~ ,----
aty M~"'~ ¥-,~ ,./
1
2
3
4
5
AN ORDINANCE TO ADOPT THE FY 2005/FY 2010 CAPITAL
IMPROVEMENT PROGRAM AND TO APPROPRIATE
$177,305,866 FOR THE FY 2005 CAPITAL BUDGET
SUBJECT TO FUNDS BEING PROVIDED FROM VARIOUS
SOURCES SET FORTH HEREIN
6
WHEREAS, the City Manager, on March 30, 2004, presented to City Council the Capital Improvement
Program for fiscal years 2005 through 2010:
7
8
WHEREAS, City Council held public hearings on the program to provide for public comment;
9
WHEREAS, based on public comment, City Council has determined the need for certain projects in the
10
Capital Improvement Program; and
11
WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in the
12
2005 fiscal year, as set forth in said Capital Improvement Program.
13
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
14
15
Section 1, That the Capital Improvement Program, as modified, for the construction of, or addition to,
16
capital facilities identified for fiscal years 2005 through 2010 is hereby adopted, and the projects listed therein are
17
hereby approved as capital projects.
18
Section 2, That the projects shall be financed from funds to be appropriated periodically by City Council,
19
and until funds are so provided, the projects are for planning purposes only and may be deleted, altered, or
20
rescheduied in any manner at any time by City Council.
21
Section 3, That funds in the amounts aggregating $177,305,866 for capital projects in the Capital Budget
22
for the 2005 fiscal year, as set forth in said Capitai Improvement Program, are hereby appropriated, by project
23
and subject to the conditions set forth herein. The amount of funding for individual projects is set forth in
24
"Attachment A - Capital Budget Appropriations," a copy of which is attached hereto.
25
Section 4. That in accordance with Section 2-196 of the City Code, financing sources in support of the
26
Capital Budget for the 2005 fiscal year as set forth in said Capital Improvement Program are attached to this
27
ordinance as "Attachment B - Financing Sources."
28
Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in accordance
29
with said Capital Improvement Program and reallocated as identified in "Attachment C - Transfers," a copy of
30
which is attached hereto,
31
Section 6. That additional appropriations and the addition of capital projects shall not be initiated except
32
with the consent and approval of the City Council first being obtained, and an appropriation for a project in the
33
Capital Improvement Program shall continue in force until the purpose for which it was made has been
34
accomplished or abandoned.
35
Section 7. That all contracts awarded for approved and appropriated capital projects, exclusive of school
36
projects, must be certified as to the availability of funds by the Director of Finance prior to the initiation of work on
37
the contract.
38
Section 8, That subject to any applicable restriction of law or of any bonds or bond issue, the City
39
Manager or the Director of Management Services is authorized to approve transfers of appropriations in an
40
amount up to $100,000 between capital projects "'ilRiR a ¡¡rajest slas6 as may best meet the needs of the City.
41
The City Manager shall make a monthly report to the City Council of all transfers between $25,000 and $100,000.
42
The City Manager or the Director of Management Services is hereby authorized to establish and administer the
43
budgeting of capital projects consistent with best management practices, reporting requirements and the Capital
44
Improvement Program adopted by the City Council.
45
Section 9. That the City Manager or the Director of Management Services is hereby authorized to
46
change, subject to any applicable restriction of law or of any bonds or bond issue, the financing sources for the
47
various capital projects included in this ordinance to reflect effective utilization of the financing sources. If the
48
financing sources in support of capital projects decline, the City Manager or the Director of Management Services
49
is authorized to reduce, subject to any applicable restriction of law or of any bonds or bond issue, those
50
appropriations to equal the changed financing source, The City Manager must give prior notice to the City
51
Council of any reductions to total appropriations exceeding $100,000. The notice to City Council shall identify the
52
basis and amount of the appropriation reduction and the capital projects affected. The accounting records of the
53
City will be maintained in a manner where the total of financing sources is equal to the total appropriations for
54
each of the City's capital projects funds.
55
Section 10. That the Capital Improvement Program debt management policies contained and inciuded in
56
the Resource Management Plan - Executive Summary document shall be the policy guidelines of the City, and
57
the City Manager shall annually report on the status of those guidelines and the projected impact of the proposed
58
Capital Improvement Program on those guidelines, such information to be included in the Resource Management
59
60
61
62
63
64
65
66
67
68
69
70
Plan submittal. The City Manager may propose modifications to those policies and guidelines through the
Resource Management Plan.
Section 11. That violation of this ordinance shall result in the City Manager taking disciplinary action
against the person or persons responsible for the capital project in which the violation occurred.
Section 12, That if any portion of this ordinance is for any reason declared to be unconstitutional or
invalid, such decision shall not affect the validity of the remaining portions of this ordinance.
Section 13, That this ordinance shall be in effect from the date of its adoption: however, appropriations
for the FY 2005 Capital Budget shall be effective on July 1, 2004.
Comment:
The provision in Section 8 authorizing transfers between capital projects is
amended to delete the requirement that transfers be limited to capital projects in the same
project class,
71
Adopted by the City Council of the City of Virginia Beach, Virginia on this 11th day of May, 2004.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
})no^)Q,~
Management Services
~s~,(j.
City Attorney's Office
CA-9205
R-1
April 2, 2004
Project
Number
Attachment A - Capital Budget Appropriations
Projects
Appropriations
FY 2004-05
9.016
9.019
9.027
9.034
9.038
9.141
9.260
9.280
9.302
3.021
3.033
3.185
3.230
3.281
2.007
2.018
2.021
2.025
2.031
2.039
2.048
2.052
2.065
2.067
2.072
2.073
2.076
Economic Vitalitv
Town Center InfrastructUre
BeachStreet USA - Phase I
31 st Street Parking Garage
Neighborhood Revitalization Strategy Plan
Economic Development Infrastructure Projects
Economic Deveiopment Investment Program (On-Going)
Economic and Tourism Deveiopment Partnerships
Economic and Tourism Deveiopment Studies
Rudee Loop Deveiopment - Phase I (Partial)
Total Economic and Tourism Development Projects:
Safe Communitv
Fire and Rescue Station - Thalia
Fire Facility Rehabilitation and Renewal
Fire Apparatus
Police Fourth Precinct - Expansion and Renovation Study
CIT - Communication Infrastructure Replacement
Qualitv Phvsical Environment
Shipp's Corner Road Bridge Replacement
Major Intersection Improvements
Rural Road Improvements
Witchduck Road - Phase II (Partial) (VDOT)
Street Reconstruction
Computerized Traffic Signal System Upgrade/Repl. (Partial)
Princess Anne Rd./Kempsvilie Rd, Intersection Impr. (V DOT)
Traffic Signal Rehabilitation
Elbow Road Extended - Phase II-A
Sandbridge Road Safety Improvements
First Colonial RdNa, Beach Blvd. Intersection Imp.
Buckner Road Extended
Laskin Road Gateway
Fiscal Year 2004-05
1-1
Total Buildings Projects:
2,100,000
1,000,000
4,733,318
100,000
1,083,524
2,407,830
300,000
150,000
1,850,000
$13,724,672
950,000
312,000
2,930,000
100,000
4,000,000
$8,292,000
74,000
265,000
225,000
77,000
150,000
3,944,000
6,124,000
250,000
964,200
1,965,000
691,131
100,000
1,713,853
Ordinances
Project
Number
2.083
2.089
2.107
2.115
2.121
2.149
2.152
2.156
2.157
2.158
2.165
2.167
2.172
2.179
2.186
2.195
2.238
2.256
2.257
2.263
2.268
2.284
2,285
2.305
2.837
2.931
3.038
3.100
5.001
5.002
5.006
5.016
5.017
5.072
Attachment A - Capital Budget Appropriations
Projects
Diamond Springs Road Bridge Replacement
Southeastern Parkway & Greenbelt (Partial)
Seaboard Road
Shore Drive Intersections - Demonstration Project
Nimmo Parkway-Phase V-A (VDOT)
Birdneck Road - Phase II (VDOT)
Elbow Road Extended - Phase II (V DOT)
Laskin Road - Phase I (VDOT)
Lynnhaven Parkway - Phase IX (VDOT)
Holiand Road - Phase VI (VDOT)
Laskin Road - Phase II (VDOT)
Lynnhaven Parkway - Phase XI (VDOT)
LED Traffic Signal Upgrade
Access Road for Elementary School 2005
Norfolk Southern Right-of-Way Survey
Princess Anne Road Phase VII
Pembroke Area Comprehensive Transportation Plan
Indian River Rd - Ph VII (V DOT) Partial
Lynnhaven ParkwayNolvo Parkway (VDOT)
Major Bridge Rehabilitation (Partial)
Wetlands Mitigation Banking
Pavement Maintenance Program
Traffic Safety Improvements - Phase II
Princess Anne Road- Phase IV (Ferrell - Phase II) (V DOT)
Various Cost Participation Projects
Witchduck Road - Phase I (Partial) ( VDOT)
Various Buildings Rehabilitation and Renewal
Various Buildings HVAC Rehabilitation and Renewal
Comprehensive Emergency Response & Pianning - Phase I
Nimmo Pkwy Water Improvements
Water Appurtenances Evaluation & Improvements
System Expansion Cost Participation Agreements
Public Utilities Public Access Renovations - Building #2
Maxey Manor Water Improvements- 51% Program
Fiscal Year 2004-05
1 - 2
Total Roadways Projects:
Total Buildings Projects:
Appropriations
FY 2004-05
300,000
2,000,000
1,000,000
1,005,000
265,433
641,296
400,000
850,044
310,000
100,000
1,200,000
2,167,219
100,000
498,500
300,000
1,455,000
825,000
170.000
826,800
660,000
100,000
6,917,694
639,646
2,000,428
50,000
468,000
$41,793,244
5,178,518
1,245,518
$6,424,036
700,000
400,000
150,000
200,000
350,000
100,000
Ordinances
Project
Number
5.083
5.085
5.130
5,131
5.138
5.139
5.140
5.141
5.147
5.162
5.163
5.164
5.165
5.708
5.965
6.018
6.019
6.027
6.028
6.031
6.046
6.063
6.065
6.066
6.067
6.068
6.071
6.080
6.082
6.084
6.086
6.102
6.138
6.168
6.169
6.178
Attachment A - Capital Budget Appropriations
Projects
Stumpy Lake Water Reservoir & Pumping Facilities Improvement
Lynnhaven Pump Station Modifications - Phase Ii
Lynnhaven Pkwy Extended Water Improvements (VDOT)
Water Tank Upgrade Program - Phase Ii
Comprehensive Water Master Planning - Phase IV
Smali Line Improvements - Phase IV
Various Roadway/Storm Water Coordination - Phase IV
Water Request and Agreements Phase IV - 51% Program
Providence Road Water Improvements
Backflow Prevention and Cross Connection Control Program
Various Water Infrastructure Maintenance Support Program
IVR/CTI, Bill Print, and Automated Payment Solution Design
Shore Drive Water Line Improvements
Resort Area Neighborhood Revitalization
Water Resources
Total Water Utility Projects:
Sanitary Sewer Aging Infrastructure Program - Phase I
Resort Area Neighborhood Revitalization
Kenley Rd / Bonney Rd Sewer Improvements - 51 % Program
Comprehensive Emergency Response & Planning - Phase I
Sewer Appurtenances Evaluation & Improvements
Computerized Mapping and Infrastructure Management Systems
Central Business District System Upgrade
Infiltration, Inflow, and Rehabilitation - Phase IV
Pump Station Modifications - Phase IV
Various Roadway/Stormwater Coordination - Phase IV
Sewer Requests and Agreements - Phase IV (51 % Program)
Comprehensive Sewer Master Planning - Phase iii
West Neck Pkwy FM - Lake Ridge IFM Interconnect
System Expansion Cost Participation Agreements - Phase I
Maxey Manor Sewer Improvements - 51% Program
Public Utilities Public Access Renovations - Building #2
Princess Anne Commons Sewer Improvements
Landstown Yard Improvements - Phase iii
Various Sanitary Sewer Infrastructure Maintenance Support
IVR/CTI, Bill Print, and Automated Payment Solution Design
Virginia Beach Middle School Water & Sewer Improvements
Fiscal Year 2004-05
1 - 3
Appropriations
FY 2004-05
550,000
280,000
30,000
140,000
150,000
200,000
105,000
100,000
350,000
100,000
200,000
200,000
100,000
1,000,000
345,000
$5,750,000
1,000,000
774,000
315,000
330,000
250,000
150,000
200,000
1,500,000
1,191,000
150,000
150,000
500,000
SO,OOO
600,000
500,000
350,000
1,200,000
40,000
200,000
200,000
1,810,000
Ordinances
Project
Number
6.938
7.004
7.005
7.010
7.013
7.016
7.027
7.063
7.067
7.091
7.145
7.152
7.153
7.183
8.002
8.004
8.005
8.007
8.008
8.282
8.830
3.041
3.275
3.283
3.322
4.004
Attachment A - Capital Budget Appropriations
Projects
Princess Anne Plaza Rehabilitation
Total Sewer Utility Projects:
Storm Water Infrastructure Rehabilitation
North Lake Holly Watershed
Elizabeth River Shores
Cape Henry Dr,(Lynnhaven Colony)Drainage
South Lake Holly Watershed
SWM Master Planning, Analysis, and Inventory
Neighborhood Storm Water Infrastructure Improvements
Primary System Infrastructure Improvements
Residential Drainage Cost Participation Program
Arctic Avenue - Baltic Avenue
Dam and Spillway Structural Improvements
Lynnhaven Watershed Restoration
Storm Water Quality Enhancements
Total Storm Water Projects:
Beach Profile Monitoring Program
Various Minor Dredging Projects
Western Branch Lynnhaven River Maintenance Dredging
Rudee Inlet Outer Channel Maintenance Dredging
Beach Replenishment
Sandbridge Beach Restoration
Rudee Inlet Federal Dredging
Total Coastal Projects:
Total Quality Physical Environment Projects:
Cultural & Recreational Opportunities
Virginia Marine Science Museum Elevated Pedestrian Crosswalk
Virginia Marine Science Museum Renewal and Replacement
Pavilion Theatre Replacement
VMSM Original Exhibit Gallery Renovation
Total Buildings Projects:
Open Space Program Site Acquisition
Fiscal Year 2004-05
1 - 4
Appropriations
FY 2004-05
1,200,000
$12,660,000
100,000
1,141,616
423,925
300,000
728,600
41,633
1,122,255
1,171,502
100,000
182,384
100,000
500,000
834,610
$6,746,525
50,000
50,000
200,000
421,680
1,250,000
6,879,600
435,000
$9,286,280
$82,660,085
2,000,000
150,000
5,000,000
300,000
$7,450,000
1,000,000
Ordinances
Project
Number
4.009
4.010
4.019
4.027
4.032
4.033
4.035
4.040
4.042
4.936
4.949
4.950
4.954
4.955
4.959
4.970
1.001
1.006
1.017
1.018
1.020
1.072
1.074
1.075
1.082
1.083
1.084
1.090
1.201
1.225
1.227
1.228
1.229
Attachment A . Capital Budget Appropriations
Projects
Community Recreation Centers Repairs and Renovations
Existing Trails Repairs
New Princess Anne Athletic Fields
Lynnhaven Marina Dredging and Repairs
Parking Lot Improvements
Municipal Skate Parks
Natural Area Planning and Improvements
Pendleton Parking Lot Expansion/Public Restroom Facilities
Red Wing Lake Golf Course Improvements
Rec Office and Storage Facility at School Sites
DistricVCommunity Park Development & Renovations (On-Going)
Neighborhood Park Development (On-Going)
Tennis Court Renovations (On-Going)
Athletic Fields Upgrading and Lighting
Golf Course Infrastructure and Equipment (On-Going)
Park Playgrounds Renovations
Total Parks and Recreation Proiects:
Total Cultural & Recreational Opportunities Projects:
Qualitv Education and Lifelona Learnina
Renovations and Replacements - Energy Management
Various Schools Site Acquisition - Phase I
High School Addition - Phase I
Newtown Road Elementary School Modernization
High School Addition - Phase 11
Comprehensive Modernization Study - Phase 111
Renovations and Replacements - Various
Elementary School 2007
Alternative Education Facility-Phase I
Renovations and Replacements - Reroofing
Renovations and Replacements - HV AC Systems
Elementary School 2005
Renovations and Replacements - Grounds
Hermitage Elementary School Replacement
Windsor Woods Elementary School Modernization
Brookwood Elementary School Modernization
Pembroke Meadows Elementary School Modernization
Fiscal Year 2004-05
1 - 5
-'-------------'-
Appropriations
FY 2004-05
700,000
300,000
1,200,000
100,000
50,000
100,000
37,634
507,500
4,000,000
100,000
148,011
50,000
200,000
50,000
200,000
225,000
$8,968,145
$16,418,145
572,400
156,212
350,000
500,000
325,000
550,000
2,332,000
600,000
8,692,819
1,919,670
2,225,652
5,104,378
500,000
250,000
5,961,271
6,120,320
6,838,226
Ordinances
Project
Number
1,232
1,233
1.234
3.262
3.217
3.198
3.200
3.207
3.212
3.335
Attachment A - Capital Budget Appropriations
Projects
Tennis Court Renovations
Old Donation Center Modernization
Consolidated Virginia Beach Middle/Kemps Landing Magnet
Tidewater Community College Expansion
Total Schools Projects:
Total Buildings Projects:
Total Quality Education and Lifelong Learning Projects:
FamilY and Youth ODDortunities
CIT - Human Services CHent Information System
QualilV Oraanization
CIT - Electronic Ballot System - Study
CIT - Revenue Assessment and Collection System
CIT - Phase 2 Permits and Inspections Interactive Internet
CIT - IT Network Infrastructure Replacement
CIT - Electronic Ballot System - ADA Machines
Fiscal Year 2004-05
1 - 6
Total Buiidings Projects:
Total Buildings Projects:
Total Capital Budget:
Appropriations
FY 2004-05
100,000
750,000
6,554,116
$50,402,064
1,000,000
$1,000,000
$51,402,064
1,200,000
$1,200,000
100,000
2,193,900
750,000
250,000
315,000
$3,608,900
$177,305,866
Ordinances
Attachment B . Financing Sources
Financing Sources
Federal Contribution
Fund Balance - General Fund
Fund Balance - Other
General Appropriations
General Obligation Bonds
Lease-Purchase
Private Contribution
Public Facility Revenue Bonds
Retained Earnings - ¡n1ormation Technology
Retained Earnings - Storm Water
Retained Earnings - Water and Sewer
State Contribution
Storm Water Utility Bonds
Storm Water Utility Fund
Water and Sewer Bonds
Water and Sewer Fund
Total Financing Sources:
Fiscal Year 2004-05
1-1
Capital Budget
FY 2004-05
$1,315,000
$8,243,900
$9,179,600
$37,329,210
$64,550,000
$2,930,000
$156,212
$4,733,318
$250,000
$450,000
$5,695,000
$23,462,101
$510,000
$5,786,525
$9,215,000
$3,500,000
$177,305,866
Ordinances
Projects
Attachment C - Transfers
Appropriations
Prior to
FY 2004-2005
Roadwav Proiects
Transfer To:
2.256
2.076
Transfer From:
2.039
2.090
Storm Water
Transfer To:
7.145
7.281
Transfer From:
7.001
7.018
7.020
7.025
7.027
7.113
7.114
7.115
7.181
7.960
Qualitv Phvsical Environment
Indian River Road - Phase VII (VDOT)
Laskin Road Gateway
Total Transfer To:
Computerized Traffic Signal System Upgrade/Repl. (Partial)
Nimmo Parkway Phase I/West Neck Road Extended
Total Transfer From:
Arctic Avenue - Baltic Avenue
Larkspur Drainage - Phases I and II
Total Transfers To :
Chesapeake Beach/Lake Chubb
Lake James
Various Dainage Improvements
Upper West Neck Creek Improvements
SWM Master Planning, Analysis and Inventory
NPDES Storm System Permit Application
Princess Anne Plaza Drainage - Phase II
Rosemont Road - Windsor Woods Drainage
Pocahontas Village
Oceana Gardens West Drainage
Total Transfers From:
Water and Sewer Utilitv Proiects
Transfer To:
5.001
5.006
5.016
5,083
5.092
5.118
5.129
5.130
5.140
6.030
Fiscal Year 2004-05
Comprehensive Emergency Response & Planning - Phase I
Water Appurtenances Evaluation and Improvements
System Expansion Cost Participation Agreements
Stumpy Lake Water Reservoir & Pumping Facilities Improvement
Landstown Yard Improvements - Phase III
Computerized Mapping System
Potable Wells Evaluation Program
Lynnhaven Pkwy Extended Water Improvements (VDOT)
Various Roadway/Stormwater Coordination - Phase IV
Little Neck Point Sewer Improvements - 51 % Program
9 -11
$418,000
$670,000
$1,088,000
$418,000
$670,000
$1,088,000
$897,616
$300,000
$1,197,616
$36,093
$61,528
$64,784
$400,000
$3,477
$39,754
$230,141
$34,797
$27,042
$300,000
$1,197,616
$100,000
$100,000
$100,000
$115,000
$600,000
$210,000
$15,000
$175,000
$204,452
$1,185,000
Ordinances
6.046
6.066
6.067
6.138
Transfer From:
5.005
5.035
5.114
5.131
5.144
5.148
5.149
5.150
5.161
5.200
5.204
5.973
6.005
6.021
6.039
6.055
6.072
6.074
6.077
6.083
6.167
6.962
6.971
Transfer To:
4.959
4.006
Transfer From:
4.959
4.006
Transfer To:
1.084
1.227
Fiscal Year 2004-05
"------.
Computerized Mapping System
Pump Station Modifications - Phase IV (Partial)
Various Roadway/Stormwater Coordination Phase III
Landstown Yard Improvements - Phase IV
Total Transfer To:
North London Bridge Rd. Water Improvements (VOOT)
Nimmo Parkway Water Improvements - Phases I, II, III
London Bridge Road Water Improvements - Phase II (VOOT)
Tank Upgrade Program - Phase II
North End Water Main Replacement
Elbow Road Extended Water Improvements - Phases I & II (VOOT)
Indian River Road Water Improvements- Phase VII (VOOT)
Underground Storage Tanks - Water
Infrastructure Asset Management Program
Salem Road "C" (VOOT)
Salem Road Water Improvements - Phase II (VOOT)
First Colonial Road Water Improvements - Phase III (VOOT)
First Colonial RO - Phase III & Oceana Blvd Extension (VOOT)
Salem Road C
North Landing Road/West Neck Road Sewer Improvements
Landstown Yard Improvements - Phase II
Bow Creek Neighborhood Park Sewer Improvements
Underground Storage Tanks
Kempsville Road New Pump Station Facility - Phase III (VOOT)
Auxiliary Power Program - Sewer Pump Stations
Infrastructure Asset Management Program
Timberlake Force Main
North London Bridge Road Sewer Improvements
Total Transfers From:
Cultural and Recreational Opportunities
Golf Course Infrastructure and Equipment
Atlantic Avenue Trail Extension
Total Transfer To:
Golf Course Infrastructure and Equipment - Revenue Reduction
Atlantic Avenue Trail Extension - Revenue Reduction
Total Transfer From:
Quality Education and Lifelona Learnina
Renovations and Replacements-HAC Systems
Windsor Woods Elementary School Modernization
9 -12
$60,000
$309,000
$259,383
$770,230
$4,203,065
$563,698
$56,775
$114,221
$794,000
$171,896
$165,000
$96,452
$2,955
$60,000
$45,919
$20,000
$79,310
$211.759
$380.000
$100.000
$220,229
$400,000
$8.000
$17.250
$400,000
$60,000
$17,467
$218,134
$4,203,065
$100,000
$793,046
$893,046
$100,000
$793,046
$893.ü46
26,902
500,000
Ordinances
1.228
1.229
1.234
Transfer From:
1.006
1.011
1.062
1.083
1.222
1.223
1.240
Transfer To:
3.200
3.198
Transfer From:
3.280
3.198
Fiscal Year 2004-05
Brookwood Elementary School Modernization
Pembroke Meadows Elementary School Modernization
Consolidated Virginia Beach Middle/Kemps Landing Magnate
Total Transfer To:
Various Schools Site Acquisition-Phase I
Equipment and Vehicle Replacement
ADA School Modifications
Renovations and Replacements-Re-roofing
Pembroke Elementary School Modernization
Lynnhaven Elementary School Modernization
Bayside Middle School Addition
Total Transfer From:
Qualitv Oraanization
CIT - Revenue Assessment and Collection System
CIT - Electronic Ballot System- Revenue Reduction
Total Transfer To:
CIT - Human Resources/Payroll System
CIT - Electronic Ballot System
Total Transfer From:
9 - 13
437,881
435,000
1,250,000
$2,649,783
1,250,000
249,783
450,000
200,000
100,000
100,000
300,000
$2,649,783
$3,500,000
$3,766,565
$7,266,565
$3,500,000
$3,766,565
$7,266,565
Ordinances
1
2
3
4
5
AN ORDINANCE AUTHORIZING THE ISSUANCE OF
GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM
AMOUNT OF $61,000,000 FOR VARIOUS PUBLIC FACILITIES
AND GENERAL IMPROVEMENTS
6
WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of
7
general obligation public improvement bonds for various purposes in the maximum amount of $61,000,000, as
permitted by the City Charter, without submitting the question of their issuance to the qualified voters,
8
9
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
10
VIRGINIA:
11
That it is hereby determined to be necessary and expedient for the City to construct and
1.
12
improve various public facilities and make general improvements, all of which will promote the public welfare of the
13
City and its inhabitants and will facilitate the orderly growth, development, and general welfare of the City, and to
14
finance the costs thereof through the borrowing of $61,000,000 and issuing the City's general obligation bonds
15
therefor.
16
That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby
2.
17
authorized to be issued general obligation public improvement bonds of the City in the maximum amount of
18
$61,000,000, to provide funds, together with other funds that may be available, for various public improvement
19
20
projects, including School, Roadway, Coastal, Economic and Tourism, Building, and Parks and Recreation projects,
for project activities that include, but are not limited to, the following: preliminary studies and surveys, permit
21
22
compliance, environmental assessment, pianning, design, engineering, site acquisition, relocation of residents, utility
relocation, construction, renovation, expansion, repair, demolition, site improvement, site work, legal services,
23
24
inspection and support services, furniture and equipment, and contingencies.
3.
That the bonds may be issued as a separate issue or combined with bonds authorized for
25
26
other purposes and sold as part of one or more combined issues of public improvement bonds.
4,
That the bonds shall bear such date or dates, mature at such time or times not exceeding
27
40 years from their dates, bear interest, be in such denominations and form, be executed in such manner and be
28
29
sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution or
resolutions.
30
31
5.
That the bonds shall be general obligations of the City for the payment of principal,
premium, if any, and interest on which its full faith and credit shall be irrevocably pledged.
32
6.
That the City Clerk is directed to make a copy of this ordinance continuously available for
33
inspection by the general public during normal business hours at the City Clerk's office from the date of adoption
34
35
hereof through the date of the issuance of the Bonds.
7.
That the City Clerk, in collaboration with the City Attorney, is authorized and directed to
36
immediately file a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach,
37
8.
That this ordinance shall be in full force and effective from its passage.
38
RequiIes an affirmative vote by two-thirds of the members of the City Council.
39
Adopted by the Council of the City of Virginia Beach, Virginia on this 11th day of May, 2004,
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~~,~~ ~
CA-9220
R-1
April 10,2004
1
2
3
4
AN ORDINANCE AUTHORIZING THE ISSUANCE OF STORM
WATER UTILITY SYSTEM REVENUE BONDS OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT
OF $510,000
5
WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of storm water
6
utíJìty system revenue bonds in the maximum amount of $510,000 for financing improvements and expansions to
7
the City's storm water utility system (the "System"), as permitted by the City Charter without submitting the question
8
of their issuance to the qualified voters.
9
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
ViRGINIA:
10
11
1. That it is hereby determined to be necessary and expedient for the City to continue its program of
12
improving and extending the System, which will promote the public welfare of the City and its inhabitants and will
13
facilitate the orderly growth, development, and general welfare ofthe City, and to finance the costs thereof through
14
the borrowing of $510,000 and issuing the City's revenue bonds therefore.
15
2. That, pursuant to the City Charter and the Public Finance Act of 1991 , there are hereby authorized to be
16
issued storm water utility system revenue bonds of the City in the maximum amount of $51 0,000 to provide funds,
17
together with other available funds, for financing the costs of improvements and expansions to the System.
18
3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from
19
their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time
20
or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions,
21
4, That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited
22
obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the
23
City from the System, and shall not be included within the otherwise authorized indebtedness of the City. The bonds
24
shall not be deemed to create or constitute an indebtedness of, or a pledge of the faith and credit of, the
25
Commonwealth of Virginia or of any county, city, town, or other political subdivision of the Commonwealth, including
26
the City. The issuance of the bonds and the undertaking of the covenants, conditions, and agreements to be
27
contained in resolutions to be adopted or agreements to be entered into hereafter shall not directly, indirectly, or
28
contingently obligate the Commonwealth, the City, or any other political subdivision of the Commonweaith to ievy
29
and collect any taxes whatsoever or make any appropriation therefore except from the revenues pledged to the
30
payment of the principal of and premium, if any, and interest on the bonds.
31
5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the
32
issuance of the bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix,
33
charge, and collect such rates, fees, and other charges for the use of and the selVices furnished by the System and
34
to revise the same from time to time and as often as shall be necessary so as to produce sufficient net revenues to
35
pay principal of and premium, if any, and interest on the bonds as the same become due and to provide a margin of
36
safety therefor. Such resolutions and agreements shall also Include such additional covenants, agreements, and
37
other terms as are customary for the protection of the holders of storm water revenue obligations,
38
6. That the City Clerk Is directed to make a copy of this ordinance continuously available for inspection by
the general public during normal business hours at the City Clerk's office from the date of adoption hereof through
39
40
the date of the issuance of the bonds.
41
7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a
42
certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach,
43
8. That this ordinance shall be in full force and effect from its passage,
44
Adopted by the Council of the City of Virginia Beach, Virginia on this 11th day of May, 2004,
45
Requires an affirmative vote by a majority of the members of City Council,
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
44ð~ ~ç--~ ç¡¡
ity Attorney's Office '
CA-9221
R-1
April 10,2004
1
2
3
AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND
SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $9,215,000
4
WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of water and
5
sewer system revenue bonds in the maximum amount of $9,215,000 for financing improvements and expansions
6
to the City's water and sewer system (the "System"), as permitted by the City Charter without submitting the
7
question of their issuance to the qualified voters.
8
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
9
10
1.
That it is hereby determined to be necessary and expedient for the City to continue its program of
11
improving and extending the System, which will promote the public welfare of the City and its inhabitants and will
12
facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof
13
through the borrowing of $9,215,000 and issuing the City's revenue bonds therefore.
14
2.
That pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized
15
to be issued water and sewer system revenue bonds of the City in the maximum amount of $9,215,000 to provide
16
funds, together with other available funds, for financing the costs of improvements and expansions to the System.
17
3.
That the bonds shall bear such date or dates, mature at such time or times not exceeding 40
18
years from their dates, bear interest, be in such denominations and form, be executed in such manner and be
19
sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution or
20
resoiutions.
21
4.
That the System is an undertaking from which the City may derive a revenue. The bonds shall be
22
limited obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues
23
derived by the City from the System, and shall not be included within the otherwise authorized indebtedness of
24
the City. The bonds shall not be deemed to create or constitute an indebtedness of, or a pledge of the faith and
25
credit of, the Commonwealth of Virginia or of any country, city, town, or other political subdivision of the
26
Commonwealth, including the City. The issuance of the bonds and the undertaking of the covenants, conditions,
27
and agreements to be contained in resolutions to be adopted or agreements to be entered into hereafter shall not
28
directly, indirectly, or contingently obligate the Commonwealth, the City, or any other political subdivision of the
^-^--,.-^
29
30
31
32
33
34
35
36
37
38
39
40
41
Commonwealth to levy and collect any taxes whatsoever or make any appropriation therefore, except from the
revenues pledged to the payment of the principal of and premium, if any, and interest on the bonds.
5.
That such resolutions to be adopted and agreements to be entered into hereafter authorizing the
issuance of the bonds and providing the details thereof shall contain appropriate covenants requiring the City to
fix, charge, and collect such rates, fees, and other charges for the use of and the services furnished by the
System and to revise the same from time to time and as often as shall be necessary so as to produce sufficient
net revenues to pay principal of and premium, if any, and interest on the bonds as the same become due and to
provide a margin of safety therefor.
Such resolutions and agreements shall also include such additional
covenants, agreements, and other terms as are customary for the protection of the holders of water and sewer
revenue obligations.
6.
That the City Clerk is directed to make a copy of this ordinance continuously available for
inspection by the general public during normal business hours at the City Clerk's office from the date of adoption
hereof through the date of the issuance of the bonds.
42
7.
That the City Clerk, in collaboration with the City Attorney, is authorized and directed to
43
immediately file a certified copy of this ordinance with the Circuit Court of the City of Virginia Beach.
44
8.
That this ordinance shall be in full force and effect from its passage.
45
Adopted by the Council of the City of Virginia Beach, Virginia on this 11th day of May, 2004.
46
Requires an affirmative vote by a majority of the members of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~a~S~i~e~~ ~
~ .J.~. (f,.
City Attorney's Office / .
CA-9222
R-1
April 10,2004
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: The FY 2004-05 Operating Budget and Related Ordinances
MEETING DATE: May 11, 2004
.
Background: On March 30, 2004 the City of Virginia Beach FY 2004-05
Proposed Resource Management Plan, which includes the Operating Budget
and Capital Improvement Program, was ~resented to City Council. City Council
workshops were held on April 13th, 15 h, 20th, 27'h, and May 6th to provide
information to the City Council. On April 15th and 20th public hearings were held
to provide the public the opportunity to comment on the proposed Resource
Management Plan. Ordinances were updated to reflect City Council's direction at
the May 6, 2004 Reconciliation Workshop,
.
Considerations: The following ordinances are provided for the Council's
consideration and approval to implement the FY 2004-05 Operating Budget and,
unless otherwise noted, require an affirmative vote by a majority of the members
of City Council.
1, An Ordinance Making Appropriations for the Fiscal Year Beginning July 1,
2004 and Ending June 30, 2005 in the Sum of $1,399,227,960 for Operations
and $505,583,901 in Interfund Transfers and Regulating the Payment of
Money Out of the City Treasury, as Amended
2. An Ordinance Establishing the Tax Levy on Real Estate for Fiscal Year 2005
3, An Ordinance Establishing the Tax Levy on Personal Property and Machinery
and Tools for the Calendar Year 2005
4. An Ordinance to Authorize the City Manager to Submit An Annual Funding
Plan to the U,S, Department of Housing and Urban Development
5, An Ordinance to Amend the City Code Pertaining to the Exemption or
Deferral of Real Estate Taxes for Elderly or Disabled Persons by Increasing
Income and Net Worth Limits
6, An Ordinance to Amend the City Code Pertaining to the Lodging Tax by
Extending Its Sunset Provisions to Maintain the Tax at Its Current Amount
7. An Ordinance to Revise the City's Fund Balance Policy
_._-~.._.
8. An Ordinance to Amend the Funding Sources for the Agriculture Reserve
Program by Lowering the Amount of Real Estate Tax Revenue
9. An Ordinance Amending the City Code to Eliminate the Imposition of Interest
on Deferred Real Estate Taxes
10. An Ordinance to Amend the City Code Pertaining to Provision of Automated
Refuse Receptacles
11,An Ordinance to Amend the City Code Pertaining to Yard Waste Containers
by Establishing a Thirty Dollar Fee
12,An Ordinance to Amend the City Code Pertaining to Encroachments by
Increasing the Application Fee
13. An Ordinance to Amend the City Code Pertaining to the Disposition of
Unclaimed Animals by Revising the Fee Schedule and Requiring Spaying or
Neutering Prior to Adoption
14. An Ordinance to Amend the City Code Pertaining to the Disposition of Dead
Animals
15, An Ordinance to Amend the City Site Plan Ordinance, Pertaining to the
Adoption of Fees For Single-Family Residential Site Plan Review, Site Plan
Revisions, and Other Site Plan Review
16. An Ordinance to Amend the Subdivision Regulations, Pertaining to Fees for
Construction Plans, Final Subdivision Plats, Plat Revisions, and Subdivisions
Plats That Do Not Create Additional Lots
17, An Ordinance to Amend Chapter 6 of the City Code, Pertaining to the
Adoption of Fees For Permits for Dredging or Filling Waters, Marshlands and
Lowlands
18. An Ordinance to Amend the City Zoning Ordinance, Pertaining to Application
Fees and to Adopt a Fee for Deferral of an Application
19, An Ordinance to Amend and Reordain Chapter 8 of the City Code, Pertaining
to Fees for Administrative Fees for Stopwork Orders, Reviews of Commercial
Plans, and Residential Water and Sewer Connections
20,An Ordinance to Amend and Reordain Chapter 30 of the City Code,
Pertaining to the Fees For Erosion and Sediment Control Permits, Plan
Review and Inspections and to Adopt a Fee for the Review of Easement or
Dedication Plats
21. An Ordinance to Amend and Reordain Chapter 33 of the City Code,
Pertaining to Permit Fees for Work On, Over, Under or Affecting Streets, and
to Adopt a Fee for the Review of Easement or Dedication Plats
22, An Ordinance to Amend the Chesapeake Bay Preservation Area Ordinance
Pertaining to the Fee for Administrative and Board Variances
.
Public Information: Information will be disseminated to the public through the
normal Council agenda process involving the advertisement of the City Council
agenda and public hearings, pursuant to local and State code requirements,
.
Alternatives: No alternatives are available to implement the FY 2004-05
Operating Budget.
.
Recommendations: Subject to change by Council at reconciliation, it is
recommended that the attached ordinances implementing the FY 2004-05
Operating Budget be approved,
.
Attachments: FY 2004-05 Operating Budget ordinances
Recommended Action: Approval of Ordinances
C'J
Submitting Department/Agency: Department of Management Services\)\>:'
C;ty M,"ag.~ t ~ IT"L
10
11
12
13
14
15
16
17
20
1
2
3
4
5
6
AN ORDINANCE MAKING APPROPRIATIONS FOR THE
FISCAL YEAR BEGINNING JULY 1, 2004 AND ENDING JUNE
30,2005 IN THE SUM OF $1,399,227,960 FOR OPERATIONS
AND $505,583,901 IN INTERFUND TRANSFERS AND
REGULATING THE PAYMENT OF MONEY OUT OF THE CITY
TREASURY, AS AMENDED
7
WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year
8
beginning Juiy 1, 2004, and ending June 30, 2005, and it is necessary to appropriate sufficient funds to cover said
9
budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Section 1. That the amounts named aggregating $1,904,811,861 consisting of $505,583,901 in interfund
transfers and $1,399,227,960 for operations, are hereby appropriated subject to the conditions hereinafter set
forth for the use of departments, and designated funds of the city government, and for the purposes hereinafter
mentioned, as set forth in the Annual Operating Budget, which is hereby incorporated by reference, for the fiscal
year beginning July 1, 2004, and ending June 30, 2005, a summary of which is attached to this ordinance as
"Attachment A - Appropriations."
18
Section 2. That in accordance with Section 5.04 of the City Charter, Estimated Revenue in support of
19
Appropriations is set forth in said Annual Operating Budget, with a summary of Estimated Revenue in Support of
Appropriations attached to this ordinance as "Attachment B - Revenues."
21
Section 3, With the exception of the Schooi Operating Fund, and the Sheriff's Special Revenue Fund, the
22
total of full-time permanent positions shall be the maximum of positions authorized for the various departments of
23
the City during the fiscal year, except for changes or additions authorized by the Councilor as hereinafter
24
provided. The City Manager may from time to time increase or decrease the number of part-time or temporary
25
positions provided the aggregate amount expended for such services shall not exceed the respective
26
appropriations made therefore. The City Manager is further authorized to make such rearrangements of positions
27
within and between the departments as may best meet the needs and interests of the City.
28
Section 4. To improve the effectiveness and efficiencies of the government in service delivery, the City
29
Council hereby authorizes the City Manager or his designee to transfer appropriated funds and existing positions
30
throughout the fiscal year as may be necessary to implement organizational adjustments that have been
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
authorized by the City Council. Unless otherwise directed by the City Council, such organizational adjustments
shall be implemented on such date or dates as the City Manager determines, in his discretion, to be necessary to
guarantee a smooth and orderly transition of existing organizational functions. The City Manager shall make a
report each year to the City Council identifying the status and progress of any such organizational adjustments.
Section 5. All current and delinquent collections of local taxes shall be credited to the General Fund and,
where appropriate, to any special service district speciai revenue fund or any tax increment financing funds
created by City Council. Transfers shall be made from the General Fund to the respective designated funds to
which a special levy is made in the amount of collection for each specially designated fund.
Section 6. All balances of the appropriations payable out of each fund of the City Treasury at the close of
business for the fiscal year ending on June 30, 2005, unless otherwise provided for, are hereby declared to be
lapsed into the fund balance of the respective funds, except the School Operating Fund which shall lapse into the
General Fund Balance, and may be used for the payment of the appropriations that may be made in the
appropriation ordinance for the fiscal year beginning July 1, 2005, However, there shall be retained in the
General Fund Balance an amount not less than the range of seventy-five (75) to one hundred (100) percent of the
budget for city and school debt service payments for that fiscal year, for contingency and emergency situations,
not to be used to support appropriations approved in the ordinance for the fiscal year beginning July 1, 2004,
except upon subsequent authorization by City Council.
Section 7. That the City's debt management policies for the Water and Sewer Enterprise Fund shall
serve as a basis for developing financial strategies for the water and sanitary sewer system based on the
50
following guidelines: (a) for the Water and Sewer Fund, the goal of retaining working capital equal to 80% to
51
100% of one year's operating expense shall be pursued; (b) for the Water and Sewer Fund, the goal shall be for
52
debt service coverage on its water and sewer revenue bonds at not less than 1.50 times and, on a combined
53
basis, including water and sewer general obligation bonds, at no less than 1.20 times and (c) for the Water and
54
Sewer Fund, contributions from non-borrowed funds, on a five-year rolling average basis, will be sought for
55
approximately 25% of the annual capital program for the water and sewer system.
56
Section 8. All balances of appropriations in each fund which support authorized obligations or are
57
encumbered at the close of the business for the fiscal year ending on June 30, 2005, are hereby declared to be
58
reappropriated into the fiscal year beginning July 1, 2005, and estimated revenues adjusted accordingly.
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
Section 9, No department or agency for which appropriations are made under the provisions of this
Ordinance shall exceed the amount of the appropriations except with the consent and approval of the City Council
first being obtained. It is expressly provided that the restrictions with respect to the expenditure of the funds
appropriated shall apply only to the totals for each Appropriation Unit included in this ordinance and does not
apply to Interfund Transfers,
Section 10. The City Manager or the Director of Management Services is hereby authorized to approve
transfers of appropriations in an amount up to $100,000 between any Appropriation Units included in this
ordinance. The City Manager shall make a monthly report to the City Council of all transfers between $25,000
and $100,000.
In addition, the City Manager may transfer, in amounts necessary, appropriations from all
Reserves for Contingencies except Reserve for Contingencies - Reguiar, within the intent of the Reserve as
approved by City Council.
Section 11. Funds in the amount of $400,000 shall be appropriated from the General Fund Balance for
the purpose of making a loan or loans to the City of Virginia Beach Deveiopment Authority ("Development
Authority"). The City Manager shall be authorized to transfer these funds to the Development Authority for this
purpose provided that the aggregate amount of all such transfers does not exceed $400,000. Such transfer(s)
shall be based upon a specific request by the Development Authority and upon the Director of Management
Services' verification that the funds are necessary for the Development Authority to maintain an adequate cash
flow, Any such transfer(s) shall be made upon terms and conditions to be determined by the City Manager, and
shall be repaid by the Development Authority in an expeditious manner through the sale of land. The City
Manager shall make a report to City Council identifying the status of Development Authority finances and any
transfers made under this section.
80
SeGlian 12. F~nd& in tRe amÐlJAt af $2,999,999 are Reree)' a~~m~riatea ¡rem tRe General F~na Balanee
81
ta the Risl< Mana¡¡ement Intemal Ser'iee F~na Balance. TRe City Mana¡¡ar ie hareey a<JtRarizea ta transler tRess
82
funds te the Risk Þ1ana¡¡ement Internal Serviss F~na, te ens~re tRat tRe Risl< Mana¡¡ement Internal Sep'iee F<Jna
83
has s~lfieient reS8<Jrees te meet antiei~atea elaims, ~r8"iaea that e ' GR transfers aa net eanfliet "'ith tRe ~m"isi8nE
84
af Seetien ê af this arainanea.
85
Section 12, The City Manager may transfer up to $1,000,000 from the operating budget to the City's self-
86
insurance health plan fund at the end of the fiscal year to fund shortfalls in the plan should they occur.
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
Section 13. The City Manager or the Director of Management Services is hereby authorized to establish
and administer budgeting within Appropriation Units consistent with best management practices, reporting
requirements, and the programs and services adopted by the City CounciL
Section 14. The City Manager or the Director of Management Services is hereby authorized to change
the Estimated Revenues included in this ordinance to reflect expected collections, If the Estimated Revenue in
support of an Operating Appropriation Unit declines, the City Manager or the Director of Management Services is
hereby authorized to reduce, subject to any other provision of law, those appropriations to equal the decline in
Estimated Revenue, The City Manager must give prior notice to the City Council of any reduction to total
appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the
appropriation reduction and the Appropriation Units affected.
The accounting records of the City will be
maintained in a manner that the total of Estimated Revenue is equal to the total of the Appropriation Units for
each of the City's funds. The City Manager or the Director of Management Services is hereby authorized to
transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for which
those funds were appropriated have been incurred. Nothing in this section shall be construed as authorizing any
reduction to be made in the amount appropriated in this ordinance for the payment of interest or principal on the
bonded debt of the City Government.
Section 15. Allowances made from the appropriations made in this ordinance by any or all of the City
departments, bureaus, or agencies, to any of their officers and employees for expenses on account of the use by
such officers and employees of their personal automobiles in the discharge of their official duties shall not exceed
thirty-two and one half cents ($.325) per mile of actual travel for the first 15,000 miles and fifteen ($.15) per mile
for additional miles of such use within the fiscal year.
Section 16. All travel expense accounts shall be submitted on fonns approved by the Director of Finance
and according to regulations approved by the City CounciL Each account shall show the dates expenses were
incurred or paid; number of miles traveled; method of travel: hotel expenses; meals; and incidental expenses,
The Director of Finance is specifically directed to withhold the issuance of checks in the event expense accounts
are submitted for "lump-sum" amounts.
Section 17. Violation of this ordinance may result in disciplinary action by the City Manager against the
person or persons responsible for the management of the Appropriation Unit in which the violation occurred.
.,--~'-,..
115
116
117
118
119
120
121
122
123
Section 18. This ordinance shall be effective on July 1. 2004.
Section 19. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining parts of this ordinance.
Adopted by the Council of the City of Virginia Beach. Virginia, on this the 11th day of May, 2004,
Comment:
The existing Section 12, which had appropriated $2,000,000 in last year's
budget from the General Fund to the Risk Management Internal Service
Fund, is deleted,
Requires an affirmative vote by a majority of the members of City Council,
APPROVED AS TO LEGAL SUFFICIENCY:
~ ;; ~ Vi,
City Attorney's Office }
CA9151
C-1
April 19. 2004
City of Virginia Beach, Virginia
Fiscal Year 2004-05 Bu dget Ordinance
Attachment A. Appropriations
002 General Fund
Agriculture
Audit Services
Benefits Administration
Board of Equalization
Circuit Court
City Attorney
City Clerk
City Manager
City Real Estate Assessor
City Treasurer
Clerk of the Circuit Court
Commissioner of the Revenue
Commonwealth's Attorney
Communications and Infonnatlon Technology
Community Organization Grants
Convention and Visitor Bureau
Convention and Visitor Bureau (Major Projects)
Director of Finance
Economic Development
Emergency Medical Services
Employee Special Benefits
Fire
General District Court
General Registrar
Health
Housing and Neighborhood Preservation
Human Resources
Human Services
Independent Financial Services
Juvenile Probation
Juvenile and Domestic Relations District Court
LIbrary
Magistrates
Management Services
Mass Transit Operations
Microcomputer Support
Municipal Council
Museums
Parks and Recreation
Planning and Community Development
Police
Public Works
Re910nal Participation
Reserve for Contingencies
Revenue Reimbursements
Transfer to Other Funds
Wetlands Board of Virginia Beach
Zoning Board of Appeals
Fund 002 Appropriation Totals
FY 2004-05
Budget
956,316
470,724
269,913
18,333
943,775
3,343,877
5SO,867
2,284,345
2,673,645
4,794,525
715,528
3,613,362
5,169,702
2,462,956
632,159
5,214,146
1,572,942
4,774,800
1,872,049
5.488,150
2,097,922
34,567,999
261,220
1,209,955
2,879,43S
1,580,253
3,859,698
71,SO8,785
136,680
2,526,638
156,738
16,017,070
165.427
2,908,337
1,663,365
400,000
479,109
708,216
11,765,398
9,452,227
71,841,394
72,977,293
1,551,725
7,353,018
4,063,411
454,836,451
13,925
38,320
824,642,123
City of Virginia Beach, Virginia
Fiscal Year 2004-05 Budget Ordinance
Attachment A - Appropriations
108 School Instructional TechnoloQV Fund
Instructional Technology
Fund 108 Appropriation Totals
109 School VendinQ Operations Fund
Education-Athletic
Fund 109 Appropriation Totals
112 School Communication Tower TechnoloQv Fund
Instructional Technology
Fund 112 Appropriation Totals
114 School Cafeteria Fund
Education - Cafeteria
Fund 114 Appropriation Totals
115 School OperatinQ Fund
Administration, Attendance, and Health
Instruction
Operations and Maintenance
Pupil Transportation
Fund 115 Appropriation Totals
116 School Grants Fund
Education-Grants
Fund 116 Appropriation Totals
117 School Textbook Fund
Education - Textbook
Fund 117 Appropriation Totals
119 School Athletic Special Revenue Fund
Education - Athletic
Fund 119 Appropriation Totals
120 Federal Police Department Grant Fund
Police (Uniform Patrol Grant)
Reserve for Contingencies
Fund 120 Appropriation Totals
130 Law Library Fund
Library (Law Library)
Reserve for Contingencies
Transfer to Other Funds
Fund 130 Appropriation Totals
131 Pendleton Child Service Center Fund
Human Services
Fund 131 Appropriation Totals
134 E.911 Communications Special Revenue Fund
Communications and Information Technology
Reserve for Contingencies
Transfer to Other Funds
Fund 134 Appropriation Totais
FY 2004-05
Budget
4,887,320
4,887,320
1,720,000
1,720,000
1,250,000
1,250,000
22,754,582
22,754,582
19,614,342
455,762,748
72,777,955
23,633,686
571,788,731
49,117,027
49,117,027
6,995,974
6,995,974
4,034,925
4,034,925
1,566,770
193,275
1,760,045
337,946
4,500
60,000
402,446
1,490,211
1,490,211
9,646,466
147,251
1,306,837
11,100,554
City of Virginia Beach, Virginia
Fiscal Year 2004-05 Budget Ordinance
Attachment A. Appropriations
142 DEA Seized Propertv Special Revenue Fu nd
Commonwealth's Attorney
143 Access Channel Support Special Revenue Fund
Communications and Infonnatlon Technology
146 Police Extraditions Special Revenue Fund
Police (Airplane Enterprise)
Pollee (Extraditions)
147 Federal Section 8 Proaram Special Revenue Fund
Housing and Neighborhood Preservation (Section 8 Housing)
Housing and Neighborhood Preservation (Section 8)
Reserve for Contingencies
148 Comprehensive Services Act Special Revenue Fund
Human Services
Transfer to Other Funds
149 Sheriffs Department Special Revenue Fund
Sheriff and Corrections
150 Inmate Services Special Revenue Fund
Sheriff and Corrections (Inmate Services)
Transfer to Other Funds
151 Parks and Recreation Special Revenue Fund
Parks and Recreation
Public Works
Reserve for Contingencies
Transfer to Other Funds
152 Tourism Growth Investment Fund
Convention and Visitor Bureau (TGIF)
Museums
Parks and Recreation (TGIF)
Planning and Community Development (TGIF)
Public Works (TGIF)
Transfer to Other Funds
156 Police Services Special Revenue Fund
Police
'----'
FY 2004-05
Budget
Fund 142 Appropriation Totals
172,209
172,209
26,985
Fund 143 Appropriation Totals 26,985
561,714
199,914
Fund 146 Appropriation Totals 761,628
398,085
12,599,280
14,000
Fund 147 Appropriation Totals 13,011,365
7,322,664
1,190,346
Fund 148 Appropriation Totals 8,513,010
27,203,889
Fund 149 Appropriation Totals 27,203,889
451,166
274,551
Fund 150 Appropriation Totals 725,717
21,550,919
2,323,262
219,833
69,540
Fund 151 Appropriation Totals 24,163,554
2,303,644
50,500
27,454
301,962
681,964
11,219,784
Fund 152 Appropriation Totals 14,58S,308
20,000
Fund 156 Appropriation Totals 20,000
City of Virginia Beach, Virginia
Fiscal Year 2004-05 Budget Ordinance
Attachment A . Appropriations
FY 2004-05
Budget
157 Sandbridae Special Service District Special Revenue Fund
Reserve for Future Commitments
Fund 157 Appropriation Totals
2,053,443
2,053,443
158 EMS State Four-for-Life Special Revenue Fund
Emergency Medical Services
Fund 158 Appropriation Totals
470,000
470,000
159 Fire Proarams Special Revenue Fund
Fire (Fire Programs)
Transfer to Other Funds
Fund 159 Appropriation Totals
367,604
200,000
567,604
161 Aariculture Reserve Proaram Special Revenue Fund
Agriculture (Agricultural Reserve Program)
Reserve for Future Commitments
Transfer to Other Funds
Fund 161 Appropriation Totals
186,202
58,989
2,841,445
3,086,636
163 Tourism Advertisina Proaram Special Revenue Fund
Convention and Visitor Bureau (Tourism Advertising)
Reserve for Contingencies
Fund 163 Appropriation Totals
7,870,294
11,223
7,881,517
165 Lvnnhaven Mall Tax Increment Financina Fund
Reserve for Contingencies
Tax Increment Financing
Fund 165 Appropriation Totals
150,000
1,800,000
1,950,000
166 Sandbridae Tax Increment Financina Fund
Reserve for Future Commitments
Fund 166 Appropriation Totals
4,957,580
4,957,580
167 Arts and Humanities Commission Special Revenue Fund
Arts and Humanities Commission
Fund 167 Appropriation Totais
428,300
428,300
169 Central Business District - South TIF (Town Center) Fund
Reserve for Future Commitments
Transfer to Other Funds
Fund 169 Appropriation Totals
75,579
2,154,120
2,229,699
170 Marine Science Museum Special Revenue Fund
Museums (Virginia Marine Science Museum)
Reserve for Contingencies
Fund 170 Appropriation Totals
6,289,664
69,513
6,359,177
171 Sportsplex Special Revenue Fund
Parks and Recreation
Reserve for Contingencies
Fund 171 Appropriation Totals
42S,728
2,034
427,762
172 Open Space Special Revenue Fund
Parks and Recreation (Open Space)
Public Works (Open Space)
Reserve for Contingencies
Reserve for Future Commitments
Transfer to Other Funds
Fund 172 Appropriation Totals
61,902
52,000
1,613
2,146,708
785,075
3,047,298
City of Virginia Beach, Virginia
Fiscal Year 2004-05 Budget Ordinance
Attachment A . Ap propriations
173 Maior Projects Special Revenue Fund
Public Works (Major Projects)
Reserve for Contingencies
Transfer to Other Funds
Fund 173 Appropriation Totals
174 Town Center Special Tax District
Reserve for Contingencies
Town Center Special Tax District
Fund 174 Appropriation Totals
175 Golf Course Special Revenue Fund
Parks and Recreation (Golf Courses)
Reserve for Contingencies
Transfer to Other Funds
Fund 175 Appropriation Totals
176 Transition Area Special Revenue Fund
Reserve for Future Commitments
Fund 176 Appropriation Totals
180 Communitv Development Special Revenue Fund
Community Development Block Grants
Housing and Neighborhood Preservation
Reserve for Contingencies
Fund 180 Appropriation Totals
181 CD Loan and Grant Fund
Community Development Block Loan and Grants
Fund 181 Appropriation Totals
182 Federal Housina Assistance Grant Fund
Federal HOME Grants
Fund 182 Appropriation Totals
183 Grants Consolidated Fund
Commonwealth's Attorney. Grants
Community Corrections
Housing and Neighborhood Grants
Police (Uniform Patrol Grant)
Reserve for Contingencies
Sheriff. Grants
Social Services Grants
Fund 183 Appropriation Totals
185 Mental Health Grants Fund
Human Services
Human Services (Substance Abuse Grants)
Fund 185 Appropriation Totals
241 Water and Sewer Fund
Debt Service
Public Utilities
Reserve for Contingencies
Transfer to Other Funds
Fund 241 Appropriation Totals
FY 2004-05
Budget
310,350
1,608
14,436,967
14,748,925
93,400
231,496
324,896
2,227,638
131,042
200,000
2,558,680
32,305
32,305
1,625,431
1,359,981
42,215
3,027,627
508,344
508,344
1,740,342
1,740,342
276,242
579,912
1,135,030
53,060
103,668
233,044
970,988
3,351,944
215,862
357,177
573,039
11,467,589
62,459,979
1,116,146
7,846,286
82,890,000
City of Virginia Beach, Virginia
Fiscal Year 2004-05 Budget Ordinance
Attachment A - Appropriations
253 Parkina Enterprise Fund
Convention and Visitor Bureau (Parking)
Reserve for Conlingencies
Transfer to Other 'Funds
255 Storm Water Utility Enterprise Fund
Debt Service
Public Works (Stonn Water Operations)
Reserve for Contingencies
Transfer to Other Funds
302 General Debt Fund
Debt Service
460 School General Revenue Capital Projects Fund
School Capital Projects
Fund 253 Appropriation Totals
Fund 255 Appropriation Totals
Fund 302 Appropriation Totals
Fund 460 Appropriation Totals
491 Water and Sewer Operatina Revenue CaDital Projects Fund
Water and Sewer Capital Projects
Fund 491 Appropriation Totals
492 Enaineerina & Hiahwavs General Revenue Capital Projects Fund
Coastal Capital Projects
Economic and Tourism Development Capital Projects
Roadways Capital Projects
Fund 492 Appropriation Totals
496 Parks and Recreation General Revenue Capital Projects Fund
Parks and Recreation Capital Projects
497 Buildinas General Revenue Capital Projects Fund
Building Capital Projects
498 Storm Water Capital Project Fund
Stonn Water Capital Projects
908 Citv Beautification Fund
Parks and Recreation
909 Librarv Gift Fund
Library Gift
911 Parks and Recreation Gift Fund
Parks and Recreation (Gift Fund)
Fund 496 Appropriation Totals
Fund 497 Appropriation Totals
Fund 498 Appropriation Totals
Fund 908 Appropriation Totals
Fund 909 Appropriation Totals
Fund 911 Appropriation Totals
FY 2004-05
Budget
1,979,244
180,134
606,317
2,765,695
934,556
9,317,303
241,565
7,S56,182
18,049,606
102,946,104
102,946,104
6,916,775
6,916,775
3,500,000
3,500,000
2,406,680
5,041,354
11,638,256
19,086,290
3,868,145
3,868,145
7,458,000
7,458,000
5,786,525
5,786,525
10,000
10,000
17,000
17,000
30,000
30,000
City of Virginia Beach, Virginia
Fiscal Year 2004-05 Budget Ordinance
Attachment A - Appropriations
950 Circuit Court Clerk TechnoloQV Fund
Circuit Court
Total Budget Appropriations
Less Interfund Transfers
NET BUDGET APPROPRIATIONS
Fund 950 Appropriation Totals
FY 2004-05
Budget
35,000
35,000
1,904,811,861
505,583,901
1,399,227,960
City of Virginia Beach, Virginia
Fiscal Year 2004-05 Budget Ordinance
Attachment B - Revenues
FY 2004-05
Budget
002 General Fund
Revenue from Local Sources
General Property Taxes
Other Local Taxes
Pennils, Privilege Fees, and Regulatory Licenses
Fines and Forfeitures
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Transfers from Other Funds
Speciflc Fund Reserves
487,727,005
212,274,864
4,860,995
5,159,540
3,904,623
6,004,833
1,208,190
Fund 002 Revenue Totals
72,970,926
22,193,207
7,939,240
398,700
824,642,123
108 School Instructional TechnoloQv Fund
Revenue from Local Sources
Miscellaneous Revenue
Speciflc Fund Reserves
Fund 108 Revenue Totals
500,000
4,387,320
4,887,320
109 School VendinQ Operations Fund
Revenue from Local Sources
From the Use of Money and Property
Miscellaneous Revenue
Speciflc Fund Reserves
Fund 109 Revenue Totals
10,000
760,000
950,000
1,720,000
112 School Communication Tower TechnoloQv Fund
Revenue from Local Sources
From the Use of Money and Property
Speciflc Fund Reserves
Fund 112 Revenue Totals
200,000
1,050,000
1,250,000
114 School Cafeteria Fund
Revenue from Local Sources
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Speciflc Fund Reserves
12,096,506
155,000
Fund 114 Revenue Totals
340,000
9,626,106
536,970
22,754,582
115 School QperatinQ Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
State Shared Sales Tax
Other Sources from the Commonwealth
Revenue from the Federal Government
Transfers from Other Funds
465,000
1,761,594
472,000
Fund 115 Revenue Totals
57,223,838
222,149,695
14,371,131
275,345,473
571,788,731
City of Virginia Beach, Virginia
Fiscal Year 2004-05 Budget Ordinance
Attachment B - Revenues
134 E-911 Communications Special Revenue Fund
Revenue from Local Sources
Other Local Taxes
From the Use of Money and Property
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Transfers from Other Funds
Specific Fund Reserves
FY 2004-05
Budget
12,252,330
36,864,697
Fund 116 Revenue Totals 49,117,027
100,000
6,000
1,604,077
3,130,369
2,155,528
Fund 117 Revenue Totals 6,995,974
40,000
380,000
2,842,619
772,306
Fund 119 Revenue Totals 4,034,925
963,349
796,696
Fund 120 Revenue Totals 1,760,045
4,250
220,000
178,196
Fund 130 Revenue Totals 402,446
9,500
226,473
337,818
54,578
861,642
Fund 131 Revenue Totals 1,490,211
7,372,800
44,775
10,655
1,759,530
1,430,426
482,368
Fund 134 Revenue Totals 11,100,554
116 School Grants Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Govemment
117 School Textbook Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Specific Fund Reserves
119 School Athletic Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Specific Fund Reserves
120 Federal Police Department Grant Fund
Revenue from the Federal Govemment
Transfers from Other Funds
130 Law Library Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Transfers from Other Funds
131 Pendleton Child Service Center Fund
Revenue from Local Sources
From the Use of Money and Property
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Transfers from Other Funds
City of Virginia Beach, Virginia
Fiscal Year 2004-05 Budget Ordinance
Attachment B - Revenues
FY 2004-05
Budget
142 DEA Seized Propertv Special Revenue Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
Specific Fund Reserves
Fund 142 Revenue Totals
112,209
60,000
172,209
143 Access Channel Support Special Revenue Fund
Revenue from Local Sources
Miscellaneous Revenue
Fund 143 Revenue Totals
26,985
26,985
146 Police Extraditions Special Revenue Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
151 Parks and Recreation Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Revenue from the Federal Government
Transfers from Other Funds
761,628
Fund 146 Revenue Totals 761,628
12,997,365
14,000
Fund 147 Revenue Totals 13,011,365
2,500
762,484
4,966,158
2,781,868
Fund 148 Revenue Totals 8,513,010
1,594,828
35,040
15,521,682
321,200
9,130,108
601,031
Fund 149 Revenue Totals 27,203,889
15,000
710,717
Fund 150 Revenue Totals 725,717
749,969
10,134,582
86,200
2,500
13,190,303
Fund 151 Revenue Totals 24,163,554
147 Federal Section 8 Proaram Special Revenu e Fund
Revenue from the Federal Government
Transfers from Other Funds
148 Comprehensive Services Act Special Revenue Fund
Revenue from Local Sources
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Transfers from Other Funds
149 Sheriff's Department Special Revenue Fund
Revenue from Local Sources
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Transfers from Other Funds
Specific Fund Reserves
150 Inmate Services Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
City of Virginia Beach, Virginia
Fiscal Year 2004-05 Budget Ordinance
Attachment B . Revenues
152 Tourism Growth Investment Fund
Revenue from Local Sources
Permits, Privilege Fees, and Regulatory Licenses
From the Use of Money and Property
Transfers from Other Funds
Fund 152 Revenue Totals
156 Police Services SDecial Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Fund 156 Revenue Totals
157 Sandbridae SDecial Service District SDecial Revenue Fund
Revenue from Local Sources
General Property Taxes
Other Local Taxes
From the Use of Money and Property
Transfers from Other Funds
Fund 157 Revenue Totals
158 EMS State Four-tor-Lite SDecial Revenue Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
Specific Fund Reserves
Fund 158 Revenue Totals
159 Fire Proarams SDecial Revenue Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
Fund 159 Revenue Totals
161 Aariculture Reserve Proaram SDecial Revenue Fund
Transfers from Other Funds
Fund 161 Revenue Totals
163 Tourism Advertisina Proaram SDecial Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Transfers from Other Funds
Specific Fund Reserves
Fund 163 Revenue Totals
165 Lvnnhaven Mall Tax Increment Financina Fund
Revenue from Local Sources
General Property Taxes
Fund 165 Revenue Totals
166 Sandbridae Tax Increment Financina Fund
Revenue from Local Sources
General Property Taxes
From the Use of Money and Property
Fund 166 Revenue Totals
FY 2004-05
Budget
68,000
332,274
14,185,034
14,585,308
20,000
20,000
713,053
392,632
128,327
819,431
2,053,443
370,000
100,000
470,000
567,604
567,604
3,086,636
3,086,636
22,842
700
40,000
7,754.433
63,542
7,881,517
1,950,000
1,950,000
4,734,844
222,736
4,957,580
City of Virginia Beach, Virginia
Fiscal Year 2004-05 Budget Ordinance
Attachment B - Revenues
167 Arts and Humanities Commission Special Revenue Fund
Transfers from Other Funds
Fund 167 Revenue Totals
169 Central Business District. South TIF (Town Center) Fund
Revenue from Local Sources
General Property Taxes
Fund 169 Revenue Totals
170 Marine Science Museum Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Transfers from Other Funds
Specific Fund Reserves
Fund 170 Revenue Totals
171 Sportsplex Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Transfers from Other Funds
Specific Fund Reserves
Fund 171 Revenue Totals
172 Open Space Special Revenue Fund
Transfers from Other Funds
Fund 172 Revenue Totals
173 Major Projects Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Transfers from Other Funds
Specific Fund Reserves
Fund 173 Revenue Totals
174 Town Center Special Tax District
Revenue from Local Sources
General Property Taxes
Fund 174 Revenue Totals
175 Golf Course Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Fund 175 Revenue Totals
176 Transition Area Special Revenue Fund
Transfers from Other Funds
Fund 176 Revenue Totals
180 Communitv Development Special Revenue Fund
Revenue from the Federal Government
Transfers from Other Funds
Fund 180 Revenue Totals
FY 2004-05
Budget
428,300
428,300
2,229,699
2,229,699
25,000
5,609,520
308,636
396,736
19,285
6,359,177
90,000
15,000
254,628
68,134
427,762
3,047,298
3,047,298
363,257
13,791,650
594,018
14,748,925
324,896
324,896
251,680
2,307,000
2,558,680
32,305
32,305
2,703,656
323,971
3,027,627
City of Virginia Beach, Virginia
Fiscal Year 2004-05 Budget Ordinance
Attachment B . Revenues
255 Storm Water Utility Enterprise Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Revenue from the Commonwealth
Other Sources from the Commonwealth
Transfers from Other Funds
Specific Fund Reserves
FY 2004-05
Budget
308,344
200,000
Fund 181 Revenue Totals 508,344
1,715,342
25,000
Fund 182 Revenue Totals 1,740,342
1,174,742
1,990,238
19,000
167,964
Fund 183 Revenue Totals 3,351,944
3,000
174,542
380,309
15,188
Fund 185 Revenue Totals 573,039
1,679,217
76,314,708
172,581
4,395,584
227,930
100,000
Fund 241 Revenue ToWs 82,890,000
30,000
487,630
17,433
1,971,829
258,803
Fund 253 Revenue Totals 2,765,695
120,130
12,871,612
4,944,261
63,603
50,000
Fund 2S5 Revenue Totals 18,049,606
181 CD Loan and Grant Fund
Revenue from the Federal Government
Non-Revenue Receipts
182 Federal HousinQ Assistance Grant Fund
Revenue from the Federal Govemment
Non-Revenue Receipts
183 Grants Consolidated Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Non-Revenue Receipts
Transfers from Other Funds
185 Mental Health Grants Fund
Revenue from Local Sources
Charges for Services
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Transfers from Other Funds
241 Water and Sewer Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
NonoRevenue Receipts
Transfers from Other Funds
Specific Fund Reserves
253 ParkinQ Enterprise Fund
Revenue from Local Sources
Permits, Privilege Fees, and Regulatory Licenses
Fines and Forfeitures
From the Use of Money and Property
Charges for Services
Transfers from Other Funds
City of Virginia Beach, Virginia
Fiscal Year 2004-05 Budget Ordinance
Attachment B - Revenues
302 General Debt Fund
Transfers from Other Funds
Specific Fund Reserves
Fund 302 Revenue Totals
460 School General Revenue Capital Projects Fund
Transfers from Other Funds
Fund 460 Revenue Totals
491 Water and Sewer Qperatina Revenue Capital Projects Fund
Transfers from Other Funds
Fund 491 Revenue Totals
492 Enaineerina & Hiahwavs General Revenue Capital Projects Fund
Transfers from Other Funds
Fund 492 Revenue Totals
496 Parks and Recreation General Revenue Capital Projects Fund
Transfers from Other Funds
Fund 496 Revenue Totals
497 Buildinas General Revenue Capital Proiects Fund
Transfers from Other Funds
Fund 497 Revenue Totals
498 Storm Water Capital Project Fund
Transfers from Other Funds
Fund 498 Revenue Totals
908 City Beautification Fund
Revenue from Local Sources
Miscellaneous Revenue
Fund 908 Revenue Totals
909 Library Gift Fund
Revenue from Local Sources
Miscellaneous Revenue
Specific Fund Reserves
Fund 909 Revenue Totals
911 Parks and Recreation Gift Fund
Revenue from Local Sources
Miscellaneous Revenue
Fund 911 Revenue Totals
950 Circuit Court Clerk Technoloav Fund
Revenue from Local Sources
Charges for Services
Fund 950 Revenue Totals
Total Budget Revenues
Less Interfund Transfers
NET BUDGET REVENUES
FY 2004-05
Budget
102,446,t04
500,000
102,946,104
6,916,775
6,916,775
3,500,000
3,500,000
19,086,290
19,086,290
3,868,145
3,868,145
7,458,000
7,458,000
5,786,525
5,786,525
10,000
10,000
5,000
12,000
17,000
30,000
30,000
35,000
35,000
1,904,811,861
S05,583,901
1,399,227,960
1
2
AN ORDINANCE ESTABLISHING THE TAX LEVY ON
REAL EST ATE FOR FISCAL YEAR 2005
3
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
4
Sec, 1,
Amount of Levy on Real Estate,
5
There shall be levied and collected for fiscal year 2005 taxes for general purposes on all real estate,
6
including all separate classifications of real estate set forth in the Code of Virginia, not exempt from taxation and
7
not otherwise provided for in this ordinance, at the rate of one dollar twenty-two cents ($1.22) on each one
8
hundred dollars ($100) of assessed valuation thereof. The real property tax rate that has been prescribed in this
9
section shall be applied on the basis of one hundred percentum of the fair market value of such real property,
10
except for public service real property, which shall be on the basis as provided in Section 58.1-2604 of the Code
11
of Virginia.
12
13
14
15
16
Amount of Levy on "Certified Pollution Control Equipment and Facilities" Classified as Real
Estate, "Certified Storm Water Management Developments and Property," "Certified Solar
Energy Recycling Equipment, Facilities or Devices" Classified as Real Estate, and
"Environmental Restoration Sites," Real Estate Improved by Erosion Controls. and Certain
Wetlands and Riparian Buffers,
Sec,2,
17
In accordance with Sections 58,1-3660 (A), 58.1-3660.1, 58.1-3661, 58.1-3664, 58,1-3665 and 58,1-3666
18
of the Code of Virginia, there shall be levied and collected for general purposes for fiscal year 2005, taxes on all
19
real estate (a) certified by the Commonwealth of Virginia as "Certified Pollutton Control Equipment and Facilities,"
20
(b) certified by the Department of Environmental Quality as "Certified Storm Water Management Developments
21
and Property," (c) certified as provided by Code of Virginia Section 58.1-3661 as "Certified Solar Energy
22
Equipment, Facilities or Devices," or "Certified Recycling Equipment, Facilities or Devices," (d) defined by Code of
23
Virginia Section 58.1-3664 as an "Environmental Restoration Site," (e) improved to control erosion as defined by
24
Code of Virginia § 58.1-3665, or (f) qualifying as wetlands and riparian buffers as described by Code of Virginia §
25
58.1-3666, not exempt from taxation, at a rate of one dollar twenty-two cents ($1,22) on each one hundred dollars
26
of assessed valuation thereof. The real property tax rates imposed in this section shall be applied on the basis of
27
one hundred percentum of fair market value of such real property except for public service property, which shall
be on the basis as provided in Section 58,1-2604 of the Code of Virginia.
28
29
Sec, 3.
Amount of Levy on Real Estate Within the Sandbridge Special Service District.
30
There shall be levied and collected for fiscal year 2005, taxes for the special purpose of providing beach and
shoreline restoration and management at Sand bridge on all real estate within the Sand bridge Special Service
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
District, not exempt from taxation, at the rate of twelve cents ($,12) on each one hundred dollars ($100) of
assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section
1 of this ordinance, The real estate tax rate imposed herein shall be applied on the basis on one hundred
percentum of the fair market value of such real property except public service real property, which shall be on the
basis as provided in Section 58,1-2604 of the Code of Virginia.
Sec, 4.
Amount of Levy on Real Estate Within the Town Center Special Service District.
For the special purpose of operating and maintaining the parking garage and providing enhanced
services for the plaza and public spaces within the boundaries of the service district at the Town Center, as well
as other additional services authorized by Virginia Code § 15.2-2403, there shall be levied and collected for fiscal
year 2005, taxes on all real estate within the Town Center Special Service District, not exempt from taxation, at
the rate of fifty-seven cents ($.57) on each one hundred dollars ($100) of assessed value thereof. This real estate
tax rate shall be in addition to the real estate tax set forth in Section 1 of this ordinance. The real estate tax rate
imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real
property except public service real property, which shall be on the basis as provided in Section 58.1-2604 of the
Code of Virginia.
See,S.
Severability.
If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portions of this ordinance.
50
Sec. 6,
Effective date,
51
The effective date of this ordinance shall be Juiy 1, 2004,
Adopted by the City Council of the City of Virginia Beach, Virginia on this 11th day of May, 2004,
52
53
Requires an affirmative vote by a majority of the members of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFiCIENCY:
H~U.
~~
CA-9156
R-1
April 10,2004
1
2
3
AN ORDINANCE ESTABLISHING THE TAX LEVY ON
PERSONAL PROPERTY AND MACHINERY AND TOOLS FOR
THE CALENDAR YEAR 2005
4
5
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, ViRGiNIA:
Sec,1,
Amount of Levy on Tangible Personal Property,
6
In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and collected for
7
general purposes for the calendar year 2005 on all tangible personal property, including all separate
8
classifications of personal property set forth in the Code of Virginia, not exempt from taxation and not otherwise
9
provided for in this ordinance, at the rate of three dollars and seventy cents ($3.70) on each one hundred dollars
10
($100) assessed valuation thereof.
11
Specific categories of personal property taxed at this rate include, but are not limited to, the following:
12
a.
aircraft and flight simulators as described in Code of Virginia § 58.1-3506 (A) (2) and (3) ;
antique motor vehicles as described in Code of Virginia § 58.1-3506 (A) (4);
13
b.
14
c.
heavy construction equipment as described in Code of Virginia § 58.1-3506 (A) (6) ;
computer equipment as described in Code of Virginia § 58.1-3506 (A) (9) ; and
15
d,
16
e,
tangible personal property as described in (a) Code of Virginia § 58.1-3660 as "certified pollution
17
control equipment and facilities" or (b) Code of Virginia § 58,1-3661 as "certified solar equipment, facilities or
18
devices and certified recycling equipment, facilities or devices."
19
Sec, 2.
Amount of Levy on Manufactured Homes,
20
In accordance with Section 58.1-3506 (A) (8) of the Code of Virginia, there shall be levied and collected
21
for general purposes for the calendar year 2005 taxes on all vehicles without motive power, used or designated to
22
be used as manufactured homes, as defined by Section 36-85.3 of the Code of Virginia, at the rate of one dollar
23
twenty-two cents ($1.22) on each one hundred dollars ($100) of assessed valuation thereof.
24
Sec, 3.
Amount of Levy on All Boats or Watercraft Weighing Five Tons or More,
25
in accordance with Section 58.1-3506 (A) (1) of the Code of Virginia, there shall be levied and collected
26
for general purposes for the calendar year 2005 taxes on all boats or watercraft weighing five (5) tons or more,
27
except as provided for in Section 5 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one
28
hundred dollars ($100) of assessed valuation thereof.
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
Sec, 4,
Amount of Levy on Machinery and Tools,
In accordance with Section 58.1-3507 of the Code of Virginia, there shall be ievied and collected for
general purposes for the calendar year 2005 taxes on machinery and tools, including machinery and tools used
directly in the harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at the rate
of one dollar ($1.00) on each one hundred dollars ($100) of assessed valuation thereof. As provided by Code of
Virginia § 58.1-3506 (B) , the following personal property shall also be taxed at the rate of machinery and tools:
a.
all tangible personal property used in research and development businesses, as described in
Code of Virginia § 58.1-3506 (A) (5):
b,
generating or cogenerating equipment, as described in Code of Virginia § 58.1-3506 (A) (7) ; and
c.
all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more
used to transport property for hire by a motor carrier engaged in interstate commerce, as
described in Code of Virginia § 58.1-3506 (A) (7) .
Sec, 5,
Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational
Purposes Only,
In accordance with Sections 58.1-3506 (A) (10) , (A) (26) , and (A) (27) of the Code of Virginia, there shall
be levied and collected for general purposes for the calendar year 2005 taxes on all privately owned pleasure
boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent ($,000001) on
each one hundred dollars ($100) of assessed valuation thereof.
Sec. 6,
Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers, and
Motor Homes Used for Recreational Purposes Only, and Privately Owned Horse Trailers.
49
In accordance with Sections 58.1-3506 (A) (16) and (A) (28) of the Code of Virginia, there shall be levied
50
and collected for general purposes for the calendar year 2005 at the rate of one dollar and fifty cents ($1.50) on
51
each one hundred dollars ($100) of assessed valuation thereof on the following property: (a) all privately owned
52
camping trailers and motor homes as defined in Section 46.2-100 of the Code of Virginia and privately owned
53
travei traiiers as defined In Code of Virginia § 46.2-1900, that are used for recreational purposes only; and (b)
54
privately owned trailers as defined in § 46.2-100 of the Code of Virginia that are designed and used for the
55
transportation of horses, except those trailers described in subdivision (A) (11) of § 58.1-3505 of the Code of
56
Virginia.
57
Sec. 7, Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran,
In accordance with Section 58.1-3506 (A) (17) of the Code of Virginia, there shall be a reduced tax, levied
58
59
and collected for general purposes for the calendar year 2005 at the rate of one dollar and fifty cents ($1.50) on
60
each one hundred dollars ($100) of assessed valuation, on one (1) motor vehicle owned and regularly used by a
61
veteran who has either lost, or lost the use of, one or both legs, or an arm or a hand, or who is blind, or who is
62
permanently and totally disabled as certified by the Department of Veterans' Affairs, Any motor vehicles in
63
addition to the one (1) so taxed shall not qualify for the taxation at the rate established herein, and shall be taxed
64
at the rate or rates applicable to that class of property. To qualify, the veteran shall provide a written statement to
65
the Commissioner of the Revenue from the Department of Veterans' Affairs that the veteran has been so
66
designated or classified by the Department of Veterans' Affairs as to meet the requirements of Section 58.1-3506
67
(A) (17), and that his or her disability is service connected.
68
69
See, 8,
Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least Sixty-
Five Years of Age or Anyone Found to be Permanently and Totally Disabled,
70
In accordance with Sections 58,1-3506.1 et seq, of the Code of Virginia, there shall be a reduced
a.
71
tax, levied and collected for general purposes for calendar year 2005, at the rate of three dollars ($3.00) on each
72
one hundred dollars ($100,00) of assessed valuation, on one (1) automobile or pickup truck owned and used
73
primarily by or for anyone at least sixty-five years of age or anyone found to be permanently and totally disabled,
74
as defined in Section 58.1-3506.3 of the Code of Virginia, subject to the following conditions:
75
1.
The total combined income received, excluding the first $7,500 of income, from all sources
76
during calendar year 2004 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars
77
($22,000).
78
2.
The owner's net financial worth, including the present value of all equitable interests, as of
79
December 31 of calendar year 2004, excluding the value of the principal residence and the land, not exceeding
80
one (1) acre, upon which it is situated, shall not exceed seventy thousand dollars ($70,000).
81
3.
All income and net worth limitations shall be computed by aggregating the income and
82
assets, as the case may be, of a husband and wife who reside in the same dwelling and shall be applied to any
83
owner of the motor vehicle who seeks the benefit of the preferential tax rate permitted under this ordinance,
84
irrespective of how such motor vehicle may be titled.
85
86
87
88
89
90
91
92
93
94
95
96
97
98
b.
Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or
over or if either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have
been satisfied.
See, 9, Assessed Value Determination,
In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the above
sections shall be assessed at actual fair market value, to be determined by the Commissioner of the Revenue for
the City of Virginia Beach.
See, 1O, Severability,
If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portions of this ordinance,
See, 11, Effective Date,
This ordinance shall be effective January 1, 2005.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 11th day of May, 2004.
Requires an affirmative vote by a majority of the members of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~/~~ÁÆ ~~~~
ity Attorney's Offic
~O-.
CA-9155
R-2
April 20, 2004
1
2
3
4
AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
TO THE EXEMPTION OR DEFERRAL OF REAL ESTATE
TAXES FOR ELDERLY OR DISABLED PERSONS BY
INCREASING INCOME AND NET WORTH LIMITS
6
SECTIONS AMENDED: §§ 35-64 AND 35-67
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
5
7
That Sections 35-64 and 35-67 of the City Code are hereby amended and reordained to read as follows:
9
(a)
Sec, 35-64, General prerequisites to grant; effect of residency in hospital, nursing home, etc,
Either the exemption, deferral or freeze, but not more than one (1), as provided for in this division
8
10
shall be granted to persons subject to the following provisions:
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(1)
The title to the property for which exemption, deferral or freeze is claimed is held, or partially
held, on June thirtieth immediately preceding the taxable year, by the person or persons
claiming exemption, deferral or freeze and is occupied as the sole dwelling of such person or
persons,
(2)
The head of the household occupying the dwelling and owning title or partial title thereto or
either spouse in a dwelling jointly held by a husband and wife is either permanently and
totally disabled or is sixty-five (65) years of age or older on June thirtieth of the year
immediately preceding the taxable year; provided, however, that a dwelling jointly held by a
husband and wife may qualify if either spouse is over sixty-five (65) years of age.
(3)
For the tax exemption programs, the total combined income received from all sources during
the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their
principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not
exceed twenty se>.<eff ill9:!J! thousand ~ two hundred dollars ($27,699.99) ($28,200.00)
provided that the first eight thousand five hundred dollars ($8,500,00) of income of each
relative, other than a spouse of the owner, who is living in the dwelling, shall not be included
in such total: and provided further that the first seven thousand five hundred dollars
($7,500.00) or any portion thereof of income received by a permanently and totally disabled
owner shall not be included in such total.
(4)
For the tax freeze program, the total combined income received from all sources during the
preceding calendar year by: (i) the owner or owners of the dwelling who use it as their
10
11
12
13
14
15
1
2
3
4
AN ORDINANCE TO AUTHORIZE THE CITY
MANAGER TO SUBMIT AN ANNUAL FUNDING PLAN
TO THE U,S, DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
5
WHEREAS, the United States Congress has established legislation designated as the Housing and
6
Community Development Act of 1974 that sets forth the development of viable urban communities as a national
7
goal:
8
WHEREAS, there is federal assistance available for the support of Community Development and Housing
9
activities directed toward specific objectives, such as eliminating deteriorated conditions in low and moderate
income neighborhoods that are detrimental to the public health, safety, and welfare, as well as improving the
City's housing stock and community services, along with other related activities; and
WHEREAS, as a prerequisite to receiving the above-referenced federal assistance, the City of Virginia
Beach has developed an Annual Funding Plan for submission to the Department of Housing and Urban
Development and has created the necessary mechanisms for its implementation in compliance with federal and
locai directives.
16
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
17
18
That the City Manager is hereby authorized and directed, as the executive and administrative head of the
19
City, to submit the City's FY 2005 Annual Funding Plan (the "Plan") and amendments thereto, along with
20
understandings and assurances contained therein and such additional information as may be required, to the
21
Department of Housing and Urban Development to permit the review, approval, and funding of the Plan.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 11'h day of May, 2004.
22
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
B~Q,~~
Department of Management 1
Services
~ s:: $-- ;fr
City Attornef$ Office /.
CQ.-C\\50
31
32
33
34
35
36
37
38
39
(5)
40
41
42
43
(6)
44
45
46
47
48
(7)
49
50
51
52
53
54
55
56
57
58
principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not
exceed forty.Q!!!Z thousand ~ five hundred dollars ($4Q,êQQ,9Q) ($41 500.00); provided that
the first eight thousand five hundred dollars ($8,500.00) of income of each relative, other than
a spouse of the owner, who is living in the dwelling, shall not be included in such total; and
provided that the first seven thousand five hundred dollars ($7,500,OO) or any portion thereof
of income received by a permanently and totally disabied owner shall not be included in such
total.
For the tax exemption programs, the net combined financial worth, including equitable
interests, as of December thirty-first of the year immediately preceding the taxable year, of
the owners, and of the spouse of any owner, excluding the value of the dwelling and the land
(not exceeding one acre) upon which it is situated, shall not exceed one hundred ~
thirtv-four thousand ¡¡iRe seven hundred dollars ($1:31 ,¡)gQ,gQ} ($134,700.00),
For the tax freeze program, the net combined financial worth, including equitable interests, as
of December thirty-first of the year immediately preceding the taxable year, of the owners,
and of the spouse of any owner, excluding the value of the dwelling and the land (not
exceeding one acre) upon which it is situated, shall not exceed one hundred ~ thirtv-
four thousand ¡¡iRe seven hundred dollars ($131 ,ggg.QQ) ($134,700.00\.
For the tax deferral program, the total combined income received from all sources during the
preceding calendar year by: (i) the owner or owners of the dwelling who use it as their
principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not
exceed fifty-two thousand dollars ($52,000.00) provided that the first eight thousand five
hundred dollars ($8,500.00) of income each relative, other than a spouse of the owner, who
is living in the dwelling, shall not be included in such total; and provided further that the first
seven thousand five hundred dollars ($7,500.00) or any portion thereof of income received by
a permanently and totally disabled owner shall not be included in such total.
(8)
For the tax deferral program, the net combined financial worth, including equitable interests,
as of December thirty-first of the year immediately preceding the taxable year, of the owners,
and of the spouse of any owner, excluding the value of the dwelling and the land (not
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
exceeding one acre) upon which it is situated, shall not exceed one hundred ninety-five
thousand dollars ($195,000.00).
(9)
The dwelling is occupied.
Sec. 35.67, Amount of exemption,
When a person claiming exemption under this division conforms to the standards and does not exceed
the iimitations contained in this division, the tax exemption shall be as shown on the following schedule:
Total income,
All Sources
$9,Q9 29,399.99
$0.00 - 20 700.00
$20,700.01 - 22.400.00
29,399,91
21,999.91
21,999.99
23,499,99
$22400,01 - 23 900.00
$23,900,01 - 25 400.00
23,409,91
24,999,91
24,909.00
27,ê99,90
$25400,01 - 28 200.00
No lien shall accrue as a result of the amount certified as exempt.
Tax Exemption
100%
80%
60%
40%
20%
BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2004.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11th day of May, 2004.
A~"~
Management Services
CA-9201
R-1
April 2, 2004
APPROVED AS TO LEGAL SUFFICIENCY
~ff:: ~ ~ , (fë
1
2
3
AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE
LODGING TAX BY EXTENDING ITS SUNSET PROVISIONS TO
MAINTAIN THE TAX AT ITS CURRENT AMOUNT
4
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
5
That section 35-159 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained
6
to read as foilows:
7
Sec. 35-159, Levied; Amount
8
(a) There is hereby levied and imposed on each transient a tax equivalent to eight (8) percent of the total
9
amount paid for lodging, by or for any such transient, to any lodging place, plus a flat tax of one doilar
10
($1.00) for each night of lodging at any lodging place other than a campground, The percentage-based
11
portion of the tax rate shail be reduced by one-half (0.5) percent on July 1, ~ 2008 and further
12
reduced by an additional two and one-half (2.5) percent on June 30, 2027. The flat tax shall remain in
13
effect through June 30, ~ 2008.
14
(b) There is hereby levied and imposed on each transient within the Sand bridge Speciai Service District
15
(district) a tax, in addition to that levied in subsection (a) hereof, equivalent to two and one-half (2.5)
16
percent of the total amount paid for lodging within the district, by or for any such transient to any lodging
17
place, exciuding hoteis, motels and travel campgrounds.
18
Comment:
19
20
The sunset provisions that would have (1) lowered the percentage-based portion of
the rate and (2) eliminated the flat tax are extended for four more years,
21
Adopted by the Council of the City of Virginia Beach, Virginia, on this 11th day of May, 2004.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
JJ~Q-
Management Services
~144~4~ ~~, (((
ity Attorney s 0 Ice /
CA-9202
R-1
Aprii 2, 2004
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AN ORDINANCE TO REVISE THE CITY'S FUND BALANCE POLICY
2
WHEREAS, in FY 1986-87, City Council adopted the current Fund Balance Policy, which provides for the
3
retention in the General Fund of an undesignated amount not less than the range of seventy-five (75) to one
4
hundred (100) percent of the budget for city and school debt service payments for the foHowing fiscal year, with
5
such funds reserved for contingencies and emergency situations;
6
WHEREAS, a recent survey of various municipalities in Virginia and throughout the nation demonstrates
7
that the more common practice is to retain a fund balance that is based upon a percentage of either revenues or
8
expenditures; and
9
WHEREAS, the standards of national financiai organizations and ratings agencies such as the
Government Finance Officers Association, the International City/County Managers Association, and Standard and
Poor's recommend establishing the level of fund balance as a percentage of operating revenues or expenditures.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA;
1.
That the Fund Balance Policy is hereby revised and established as foHows:
(a)
the City shaH maintain a General Fund undesignated fund balance of 8% to 12% of the foHowing
year's budgeted revenues;
17
(b)
in the case of a municipal emergency, an appropriation of the General Fund undesignated fund
18
balance may be made that results in the General Fund undesignated fund baiance faHing below
19
the minimum 8%; however, at such time the City Manager, or his designee, shall submit a written
plan to the Council for restoring the fund balance to the required level as soon as possible; and
21
(c)
excess fund balance may be appropriated to (i) increase funding in the Capital Improvement
22
Program for the renewal, replacement, expansion, and addition of public facilities, (ii) repiace debt
23
financing, or (Iii) fund one-time purchases.
24
BE IT FURTHER ORDAINED: That the effective date of this ordinance shaH be July 1, 2004,
25
Adopted by the Council of the City of Virginia Beach, Virginia on the 11th day of May 2004.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
iJ~ Q. I~
Department of Management Services
I S'~
L MMMM'V! 1M ~) 7r
City Attorney' Office
CA-9154
R-1
April 10,2004
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AN ORDINANCE TO AMEND THE FUNDING SOURCES FOR
THE AGRICULTURE RESERVE PROGRAM BY LOWERING
THE AMOUNT OF REAL ESTATE TAX REVENUE
4
WHEREAS, on May 9, 1995, the City Council adopted the Agricultural Lands Preservation Ordinance,
5
establishing the Agricultural Reserve Program (the "Program") for the preservation of agricultural lands within the
6
City, and the City Council initially dedicated a one and one-half cent increase in the real estate tax to finance the
7
Agricultural Reserve Program; and
8
WHEREAS, a financial analysis indicates that the dedicated amount of real estate tax can be lowered
9
from one and one-half cents to one cent, and this revenue stream will be sufficient to meet current and projected
obligations of the program,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That, subject to appropriation, the following revenue sources will be used to pay the costs of the
Agricultural Reserve Program:
1.
One cent of the Real Estate Tax;
2.
Such other General Fund Revenues as may be committed by City Council in support of the
Agricultural Reserve Program: and
3,
Agricultural Reserve Program Fund Balance and any other revenues attributable to the Special
Revenue Fund.
Adopted by the Council of the City of Virginia Beach, Virginia, on this the 11th day of May, 2004.
AI5~Q~~
Management Services
APPROVED AS TO LEGAL SUFFICIENCY
¡ C-c
111M~ ,.¡.v G2é
ity Attorney's Offi~~
CA-9203
R-1
April 2, 2004
1
2
AN ORDINANCE AMENDING THE CITY CODE TO ELIMINATE THE
IMPOSITION OF INTEREST ON DEFERRED REAL ESTATE TAXES
3
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
4
That section 35-67.1 of the Code of the City of Virginia Beach, Virginia is hereby amended and
5
reordained to read as follows:
6
Sec. 35-67,1 Amount of deferral; payment of accumulated deferred taxes,
7
(a)
The person or persons qualifying for and claiming deferral shall be allowed to defer payment of
8
one hundred (100) percent of all real estate taxes assessed by the city against his/their real estate until payment
9
becomes due as provided by subsection (b) herein below.
10
(b)
The accumulated amount of taxes deferred shall be paid, plUE ei¡¡nt (8) perseRt intereEt per
11
anRum en the aR'leuRt S6 aelerrea witA6ut penalty, to the treasurer of the city or to the clerk of the circuit court, as
12
the case may be, by the vendor upon the sale of the dwelling, or from the estate of decedent within one year from
13
the death of the last owner thereof who qualifies for tax deferral by the provisions of this division. Such deferred
14
real estate taxes shall constitute a lien upon the real estate as if they had been assessed without regard to the
15
deferral permitted by this division; provided, however, that such liens shail, to the extent that they exceed the
16
aggregate ten (10) percent of the price for which such real estate is sold, be inferior to all other liens of record,
17
(c)
No later than the first day of August of the third anniversary of the original due date had such
18
taxes not been deferred as provided herein, the treasurer shall certify to the clerk of the circuit court a list of all
19
real estate against which deferred taxes are still outstanding, and the clerk shall cause such deferred taxes to be
20
recorded as a lien against the respective real estate as liens are customarily recorded and to be marked as
21
deferred.
22
Comment:
23
24
The proposed amendment eliminates the existing requirement for interest to be
imposed on deferred real estate taxes,
25
BE IT FURTHER ORDAINED: That this ordinance shall be effective on Juiy 1, 2004.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 11th day of May, 2004.
26
APPROVED AS TO LEGAL SUFFICIENCY
4~AA~' .'1(
'City Attorney's e V
APPROVED AS TO CONTENT
CA-9200
R-1
April 2, 2004
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1
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AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO
PROVISION OF AUTOMATED REFUSE RECEPTACLES
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SECTION AMENDED: § 31-15
4
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
5
That section 31-15 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained
6
to read as follows:
7
Sec. 31-15, Provision of automated refuse receptacles.
8
(a) It shall be the responsibility of owners of residential structures located in areas of the city serviced by
9
the automated collection system to provide automated refuse receptacles.
(b) Within thirty (30) days of the date of occupancy of a new structure located in any such area, the
owner or occupant thereof shall provide an automated refuse receptacle.
(6) WheRe"er an a~tamalaa rel~&a reGeptaGle is p~rGha&aa fram the Gity Ihe priGe af the reGaptaGle sRali
Be basea an tRe lalal Gast af the raGeptaGle la tRe sity. The citv shall make automated refuse
receptacles available for sale to homeowners who are residents of the city. The fee for each
receptacle shall be seventY-five dollars ($75.00\. which shall be paid to the city before the receptacle
is provided.
17
BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2004,
Adopted by the Council of the City of Virginia Beach, Virginia, on this 11th day of May, 2004.
18
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
J:jG~ Q .~
Management Services
k..r_<_--- J rr- / rJl;-
City Attorney's OfflC!é
CA-~
R-1
April 2, 2004
1
2
3
AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO
YARD WASTE CONTAINERS BY ESTABLISHING A THIRTY DOLLAR
FEE
4
SECTION AMENDED: § 31-35
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
5
6
That section 31-35 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained
7
to read as follows:
8
Sec, 31-35, Use of yard waste containers,
9
The city shall make available to those homeowners who are residents of the city a yard waste container~
10
which shall be picked up and delivered by city employees. There shall be a fee of ¡"'eAty fiHe !!:lli:!Y dollars
11
~ ($30.00), which shall be paid to the city before the container is delivered, for the use of a yard waste
12
container for a 24-hour period. The city employees shall deliver and place the yard waste container on the
13
property of the homeowner of an occupied dwelling who has requested the yard waste container. Deliveries made
14
on Fridays shall be picked up on Monday. Prior to delivery of the yard waste container, the homeowner shall sign
15
a statement which shall state:
16
(1) That he is not a contractor and that his need arises from his homeownership:
17
(2) That the yard waste container shall only be used for tree limbs, leaves, shrubbery, grass trimmings
18
and yard debris:
19
(3) That he will not place hazardous waste, stumps, building and construction materials or other bulky
20
items within the yard waste container:
21
(4) That he will not fill the load above the top of the container; and
22
(5) That he will release the city from liability for any damages resulting from city equipment or personnel
23
being on private property to deliver or remove the yard waste container.
24
(6) That he will be responsible for any injuries and/or damages that result to individuals using the
25
container or directly to the container while being used by the homeowner.
26
(7) That he will reimburse the city for any costs associated with the handling and disposal of any material
27
or items placed in the yard waste container in violation of any of the provisions of this section.
28
BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1,2004.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 11th day of May, 2004,
29
APPROVED AS TO CONTENT:
~~M~;'~
CA-9157
R-1
April 10,2004
APPROVED AS TO LEGAL SUFFICIENCY:
5!
City Attorney's Office
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1
2
AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO
ENCROACHMENTS BY INCREASING THE APPLICATION FEE
3
SECTION AMENDED: § 33-113
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
4
5
That section 33-113 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained
6
to read as follows:
7
Sec, 33-113, Application; processing fee,
8
Applications for encroachments into public streets and other public ways, places or property shall be
9
made to the department of public works. A fee of ane RlJRarod two hundred fifty dollars ~ ($250,00\ shall
be paid to the city for the processing of an application for an encroachment into any public street or other public
way, place or property. The director of public works or his authorized representative shall not accept any
application unless such fee be paid at the time the application is filed. The department of public works is hereby
authorized and directed to prepare and adopt a procedure for the processing of such applications and the
reporting to city council of any detrimental effect which a requested encroachment may have on the public health,
safety, welfare or interest.
City council may deny or grant permission to encroach subject to such terms and conditions as city
council may, in its discretion, deem proper. Notwithstanding any other provision of law, city council shall deny any
encroachment request it determines, in its discretion, to be detrimental to the public health, safety, welfare or
interest.
Permission by city council granted hereunder to any person to construct and maintain an encroachment
into any public street or other public way, place or property shall not relieve such person or encroachment of
complying with all other applicable laws, regulations and requirements.
Comment:
The proposed ordinance increases the application processing fee for
encroachments from one hundred fifty dollars ($150) to two hundred fifty dollars
($250),
BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2004.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 11th day of May, 2004.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
BmvJQ
~~~,~
City Attorney's Offi
(!.~- a.\'5:>
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1
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4
AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
TO THE DISPOSITION OF UNCLAIMED ANIMALS BY
REVISING THE FEE SCHEDULE AND REQUIRING SPAYING
OR NEUTERING PRIOR TO ADOPTION
5
SECTION AMENDED: § 5-14
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
6
7
That Section 5-14 the City Code is hereby amended and reordained to read as follows:
8
See, 5-14, Disposition of unredeemed animal.
9
If a dog or cat impounded under this article is not claimed by its owner within five (5) days, it shall be
disposed of in accord with the provisions of section 3.1-796.96 of the Code of Virginia. In the event a!JY
rasiaent et tRe Gity Derson proposes to adopt such dog or cat, pursuant to such section, he shall pay a fee
net te eJIGeaa fifty aellars ($áQ.9()) of twentv-five dollars ($25.00) for doas: twentv dollars ($20.00) for
cats: and fifteen dollars ($15.00) for all other animals te 8e aelermiRea aamiRislraliHely 8Y the Gity
f!1aAa§8F to cover the cost of transfer, seizure and veterinary care for the ~ animal. The person
desiring to adopt the ~ animal shall sign an adoption contract agreeing to abide by the rules and
regulations of the bureau of animal control, aRa sRall RaHa tRe €leg er Gat Anv unaltered animal must be
17
spayed or neutered witRiR a tiF'Ae ¡¡eriea aaF'AinistratiHely set by the bureau of animal control Drior to
18
adoDtion for an additional fiftv dollar ($50,00) fee to cover the cost of the Drocedure. whiGh tiF'Ae ¡¡eriea
19
shall net 8e less tRat tRiFly (ag) €lays. U¡¡en ¡¡rea"'Ging proef tRat tRe €leg er Gat has 8eeR s¡¡ayea er
20
no",terea, the persen may 8e entitlea te a reluna et all er ¡¡art of tRe a8euementienea fee, he aF'Ae"'nt ef
21
saia ret",na, if any, te 8e aeterminea 8Y tRe Gity manager er his a",ly a",tRerizea ageR!. Fail",re te neue tRe
22
€Ie€! er Gat S¡¡ayea er Re",terea in aGGera "'itR this seGtieR shall eenstill.lle a Class 4 F'AisaeF'Aeaner. Such
23
person shall, in the Gase ef a €Ie€!, obtain a proper license for s"'Gh a €leg, the animal pursuant to article III
24
of this chapter within ten (10) days of such IfaRsfef adoption.
25
Comment:
26
27
28
The ordinance sets a specific fee for the adoption of animals (instead of
authorizing a fee of up to $50,00), It also requires that animals be spayed or
neutered prior to adoption,
29
BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2004,
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 111h day of May, 2004.
30
APPROVED AS TO CONTENT:
.ß~~~œ' ~
APPROVED AS TO LEGAL SUFFICIENCY:
~L~~
Cit orney s Office
CA-92204
R-1
April 10,2004
1
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AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
TO THE DISPOSITION OF DEAD ANIMALS
SECTION AMENDED: § 5-14
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 5-14 of the City Code is hereby amended and reordained to read as follows:
Sec. 5-14. Disposition of dead animals generally,
7
The owner of any animal which has died from disease or other cause shall forthwith cremate or bury or
8
dispose of the remains of such animal in a manner authorized by law. If the owner of such animal fails to
9
do so, the general district court, after providing notice to the owner, if he can be ascertained, shall order
such dead animal to be cremated or buried or disposed of in a manner authorized by law by the bureau of
animai control~ The court shall require the owner to pay the City Treasurer the sum of teA twenty dollars
~ ($20.00) for any small animal such as a hog, sheep, dog, cat or goat and, for anv other larDer
animal that can be cremated or buried or disposed of by the bureau, the sum of seventy-five dollars
($75.00), free of all encumbrances in favor of such owner.
COMMENT
The proposed ordinance increases the amount for disposing of small animals from ten dollars
($10,00) to twenty dollars ($20,00),
BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2004.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11th day of May, 2004.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~te~iF-
CA-9199
R-3
April 8, 2004
1
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8
9
10
AN ORDINANCE TO AMEND THE CITY SITE
ORDINANCE, PERTAINING TO THE ADOPTION OF
FOR SINGLE-FAMILY RESIDENTIAL SITE
REVIEW, SITE PLAN REVISIONS, AND OTHER
PLAN REVIEW.
PLAN
FEES
PLAN
SITE
SECTIONS AMENDED: § 3, Appendix C, Site Plan Ordinance
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
11
BEACH, VIRGINIA:
12
That Section 3 of the City Site Plan Ordinance is hereby
13
amended and reordained, to read as follows:
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Sec. 3.
Procedures.
3.2. Procedure for site development plan approval:
A.2. At the time the site development plan is presented, the
following fees shall be due and payable:
(a)
Residential site plan for two (2) or more
residences: One thousand fourteen dollars
($1,014.00) plus thirty dollars ($30,00) per unit
after the first five (5) residential units,
(b)
Nonresidential site plan: One thousand three
hundred fifty-six dollars ($1,356.00) plus one
hundred two dollars ($102,00) per acre.
(c)
Duplex site
($560.00) .
Five
plan:
hundred
sixty
dollars
(d)
There DRall be Ð6 A site plan review fee in the
amount of seventy-five dollars ($75.00) shall be
required Ditc pL:m rc'.rie.. fee charged for a site
plan encompassing only one single-family dwelling
unit not located in a Chesapeake Bay Preservation
Area, For single-family dwellings and additions and
other residential structures requiring a plan of
development pursuant to Section 107 of the
Chesapeake Bay Preservation Area Ordinance, there
shall be a fee in the amount of two hundred eighty
dollars ($280,00); provided, however, that if the
agent determines that such plan of development may
be subject to abbreviated review, there shall be a
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fee in the amount of one hundred thirty-five
dollars ($135,00).
ill Land Management Plan: One Hundred Twenty-Five
dollars ($125.00).
(e!.J There shall be fiG reoubmissiGn fee fer any oitc
plan rcouJsmittcd \Jithifi sixty (60) dayo of the èate
of complctiGR of the prior revic\J. If an
applicant, at any time during site plan rev:rew;-
submits a review, submits a revised plan or portion
thereof, field change or makes a change to the plan
under review not at the request of the City of
Virginia Beach, such revision shall be accompanied
by a fee of one hundred sixty-eight dollars
($168.00) per sheet that is revised or changed,
A.3. At the time any other type of site plan is submitted a
review fee in the amount of seventy-five dollars
($75,00) shall be required.
All fees shall be payable to the city treasurer.
COMMENT
These amendments adopt fees in the Site Plan Ordinance for the following:.
1) Site plan review for single-family dwelling - $75.00.
2) Land management plan - $ 125.00.
3) Revisions, not at City's request - $168.00 per sheet changed.
4) Other site plans review - $75.00.
These fees are justified by the staff time involved for review of the items involved.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this day of , 2004.
CA-9169
GG/ORDRES/PROPOSED/Site Plan Ord.doc
R7- May 4, 2004
APPROVED AS TO CONTENTS:
APPROVED AS TO LEGAL SUFFICIENCY:
~
Plann~ng
~.S".o~
ti~
City Attorney's Office
2
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AN ORDINANCE TO AMEND THE SUBDIVISION
REGULATIONS, PERTAINING TO FEES FOR
CONSTRUCTION PLANS, FINAL SUBDIVISION PLATS,
PLAT REVISIONS, AND SUBDIVISIONS PLATS THAT DO
NOT CREATE ADDITIONAL LOTS.
§
Appendix
B,
Subdivision
8.1,
SECTIONS AMENDED:
Regulations
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
12
BEACH, VIRGINIA:
13
That Section 8.1 of the City Subdivision Regulations is hereby
14
amended and reordained, to read as follows:
15
Appendix B
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Sec. 8.1. Plat fees.
3.2. Procedure for site development plan approval:
(b)
At the time construction plans are submitted for
residential subdivisions of six (6) or more lot plats or
for any nonresidential subdivisions, the following fees
shall be due and payable from the effective date of this
ordinance [July 1, 1999]: Two hundred teR fifty-two
dollars ($2-3Æ252 , 00) plus occnty eighty-four dollars
($~84.00) per hundred (100) linear feet of roadway.
(c)
At the time final subdivision plats are submitted, the
following fees shall be due and payable from the
effective date of this ordinance [July 1, 1999]:
( 1)
Residential six (6) or more lot plats: ~ Five
hundred ninety-£4¥efour dollars ($495594,00) plus
~eight dollars ($~~.OO) per lot after the first
five (5) lots.
(2)
Nonresidential plats: ~Five hundred eighty-
£4¥etwo dollars ($4£5582,00) plus forty fi~cfifty-
four-aQllars ($4554.0~per lot.
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(d)
If an applicant, at any time during subdivision review,
submits a review, submits a revised plan or portion
thereof, field change or makes a change to the plan under
review not at the request of the City of Virginia Beach,
such revision shall be accompanied by a fee of one
hundred ~sixty-eight dollars ($~168.00) per sheet
that is revised or changed,
(e)
If a subdivision plat does not create a greater number of
lots, such plat when submitted shall be accompanied by
the following fees:
(1)
plat:
£c.cntyEight-four
dollars
(2)
Residential
($'7-G84.00) ,
Nonresidential plats: ~Three hundred ~
thirty-six dollars ($2*&336:OO¡-:-
Amended because of error or omission: Eighty-four
dollars ($84.00)
ill
(f)
When a plat is submitted encompassing land within a
community development target area, no plat fee shall be
due from property owners who qualify as low and moderate
income as determined by the secretary of housing and
urban development or by the Virginia Housing Development
Authority under one or more of their rental assistance or
homeowner mortgage programs, Through agreement with the
ci ty, waiver of plat fees may also be provided to
builders who are building under the aforementioned
programs for low and moderate income families,
(g)
All fees shall be payable to the city treasurer.
COMMENT
These amendments increase the fees in the subdivision ordinance for the following:
1) Construction plans from $210.00 to $252.00 plus from $70.00 to $84.00 per 100 linear feet
of roadway.
2) Final subdivision plats: a) for 6 or more lots: from $495.00 to $594.00 plus from $6.00 to
$8.00; b) nonresidential: from $485.00 to $582.00 plus from $45.00 to $54.00 per lot.
3) Revisions not requested by the City: $168.00 per sheet.
4) Subdivision plats that do not create additional lots: a) Residential: $84.00; b)
nonresidential: $336.00; c) error/omission: $84.00.
The increases in fees are justified by the staff time involved in review of the applications.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this ---- day of , 2004.
2
CA-9168
GGjORDRESjPROPOSEDjSub Regs Ord,doc
R5- May 4, 2004
APPROVED AS TO CONTENTS:
1 ,~
P ann~ng
5-~-O'"
APPROVED AS TO LEGAL SUFFICIENCY:
~-
Ü91~~
Ci Attorñey's Office
3
1
2
3
4
5
6
7
8
AN ORDINANCE TO AMEND CHAPTER 6 OF THE CITY
CODE, PERTAINING TO THE ADOPTION OF FEES FOR
PERMITS FOR DREDGING OR FILLING WATERS,
MARSHLANDS AND LOWLANDS,
SECTION ADDED: § 6-152.5
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9
BEACH, VIRGINIA:
10
That
Section
of
Beaches,
and
Chapter
6,
Boats
6-152.5
11
Waterways is hereby added to read as follows:
12
13
14
Sec. 6-152.5.
Fee.
(a)
The fee for a permit required by this article shall be
15
one hundred dollars ($100.00).
16
COMMENT
17
18
19
20
21
22
This amendment establishes a fee of $100.00 for a dredging or filling permit. This permit fee is
justified by the staff review time involved in processing the application.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this ---- day of , 2004.
CA-9164
GGjORDRESjPROPOSEDj06-152.50rd,doc
R3 - March 11, 2004
APPROVED AS TO CONTENTS:
Planni~ ;~Iz.-Ø'f
APPROVED AS TO LEGAL SUFFICIENCY:
~l(\)~~ )
City Attorney's Office
1
2
3
4
5
6
7
8
AN ORDINANCE TO AMEND THE CITY ZONING
ORDINANCE, PERTAINING TO APPLICATION FEES AND
TO ADOPT A FEE FOR DEFERRAL OF AN APPLICATION.
SECTIONS AMENDED: §§ 1403 and 1603
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9
BEACH, VIRGINIA:
10
That Sections 1403 and 1603 of the City Zoning Ordinance is
11
hereby amended and reordained, to read as follows:
12
Wetlands Zoning Ordinance
13
14
15
16
Sec. 1403.
Applications for permits.
17
(c)
A nonrefundable processing fee to cover the cost of
18
processing the application accompany each permit application. Such
19
fee shall be in an amount to oe.en tenths of Oile (0,7) percent of
20
the tot;ll construction value of the permit item for commercial
21
;lpplications, ,:ith a minimum fee of two hundred dollars ($200.00)
22
plus the cost of advertisement ;lnd ;l maJÜmum fee of t",:ent) fi-,.e
23
hundred doll;lrs ($2,500.00), ;lnd one quarter of one (0.25) percent
24
of the tot;ll construction 7alue of the permit item for residential
25
;lpplic;ltions, ",lith Q minimum fee of one hundred dollars ($100,00)
26
;lnd a m;lximum fee of one thousand dollarc (~l,OOO,OO). Such fees
27
shall apply to original applications,
including after-the-fact
28
applications, and to reapplications.
A fee in an amount of one
29
30
31
32
33
34
35
36
hundred dollars
($100.00)
shall be required for deferral of an
application unless waived by the Board,
Coastal Primary Sand Dune Zoning Ordinance
Sec. 1603.
Applications for pe~its,
(c)
A nonrefundable processing fee to cover the cost of
processing the application shall accompany each permit application.
37
Such fee ohall be in an amount equal to seven tentho of eRe (0.7)
38
percent ef the total cenotruction ,alue ef the permit item fer
39
commercial applicatiens, ,.ith a minimum fee of in an amount of two
40
hundred dollars
($200.00)
plus the cost of advertising.
afià-a
41
maJdmum fee ef t..:eRty fi-;e hundreà dollars (;:2,500,00), and ene
42
quarter ef ene (0,25) percent of the tetal eenotruction .alue of
43
the perffiit item for reoiàential applications, ,:ith a minimlliR fee of
44
(;:100.00)
(0,900,00) .
and 3. maJ(imum fee ef ene theusand
one hundreà dellaro
apply
to
original
shall
45
dollaro
Such
fees
46
applications,
including after-the-fact-applications,
and to re-
47
applications. No person shall be required to file two (2) separate
48
applications for permits if the project to be undertaken will
49
require permits under Section 28.2-1302 of the Code of Virginia and
50
this
article.
Under
those
circumstances,
the
fee
shall
be
51
established pursuant to this article,
A fee in an amount of one
52
hundred dollars
($100.00)
shall be required for deferral of an
53
application unless waived by the Board.
2
54
55
56
57
58
59
60
61
62
63
COMMENT
These amendments will establish a set fee of $200.00 plus advertising costs for Wetlands
and Coastal Primary Sand Dune permits. It also establishes a $100.00 additional fee for applications
that are deferred, which can be waived by the Wetlands Board.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this ---- day of , 2004.
CA- 91 70
GG/ORDRES/PROPOSED/1403.1603CZO,ord.doc
R4 - APRIL 14,2004
APPROVED AS TO CONTENTS:
APPROVED AS TO LEGAL SUFFICIENCY:
~
Planning ;ø
ç-S'-o,!-
City Attorney's Office
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
18
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 8
OF THE CITY CODE, PERTAINING TO FEES FOR
ADMINISTRATIVE FEES FOR STOPWORK ORDERS,
REVIEWS OF COMMERCIAL PLANS, AND RESIDENTIAL
WATER AND SEWER CONNECTIONS
SECTIONS AMENDED: §§ 8-31 and 8-32
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 8-31 of the City Code is hereby amended and
reordained, to read as follows:
Sec. 8-31.
Permit fees - - Building permits.
17
(c)
For the construction of any building or addition thereto
where the floor area is increased and for the installation or
19
erection of any industrialized building unit,
the fee shall be
20
based on the
floor area
to be
constructed,
computed from
as
21
exterior building dimensions at each floor, as follows:
22
23
(14) Administrative
fee:
If
any construction,
alteration,
24
repair,
or other work requiring a permit under this
25
article is commenced before a permit is secured and fee
26
paid for same, an administrative fee of one hundred fifty
27
dollars
($H-e-150.00)
shall be added to the fee due.
28
Payment of such administrative fee shall not in any way
29
relieve the violator of any criminal prosecution,
30
31
(20) There shall also be a dcpooit fee review fee in the
32
amount of one hundred dollars
($100,00)
for review of
33
commercial plans~ '.:hich shall be applied tm,arào the
34
building fee at the time of ioDuance,
35
COMMENT
36
37
38
39
40
This amendment increases the administrative fee from $100.00 to $150.00 for working without a
permit. This fee is justified by the staff time involved in processing the permit. It also establishes a
$100.00 fee for review of commercial plans.
Sec. 8-32.
Saroe--Plumbing permits.
41
(a)
The fee for a permit for plumbing work, as required by
42
the building code, shall be thirty dollars ($30.00) and, in
43
addition thereto, the following:
44
(1)
Each plumbing fixture, floor drain or tap: Six
45
dollars ($6,00).
46
(2)
Each house sewer connection: To,.eRt} fiveThirty
47
dollars ($~30,OO).
48
(3)
Each house water connection: T\Jent) fivcThirty
49
dollars ($~30.00).
50
51
COMMENT
52
53
54
55
56
This amendment increases the residential sewer and water connection fees from $25.00 to
$30.00, respectively.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this ---- day of , 2004.
CA-9165
GG/ORORES/pROPOSEO/08-031.ord,doc
R3- March 11, 2004
2
APPROVED AS TO CONTENTS:
APPROVED AS TO LEGAL SUFFICIENCY:
planning
~
/.,p
~ìl--~..f
~ {J t~J)o\--
City Attorney's Office
3
1
2
3
4
5
6
7
8
9
10
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 30
OF THE CITY CODE, PERTAINING TO THE FEES FOR
EROSION AND SEDIMENT CONTROL PERMITS, PLAN
REVIEW AND INSPECTIONS AND TO ADOPT A FEE FOR
THE REVIEW OF EASEMENT OR DEDICATION PLATS
SECTION AMENDED: § 30-61
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
11
BEACH, VIRGINIA:
12
That Section 30-61 of the City Code is hereby am~nded and
13
reordained, to read as follows:
14
15
16
17
Sec. 30-61.
Program administration, plan review and inspection
fee.
(a)
At the time an erosion and sediment control plan is
18
submitted a reasen~ble fee shall be paià, The director of planning
19
or his designee !!\QY determine the amount of fee based upen the
20
antiei:g3atcà costs ~ssociated ',lith the ior3U~nce of grading or l~nd
21
disturbing permit, plan re7ie~" and anticipatcà pcrieàic inopection
22
for eemJ?liancc '.lith the crooion and seàiment control pl~n plan
23
review fee in the amount of one hundred dollars ($100,00) shall be
24
required.
Additional fees include a permit fee in the amount of
25
seventy-five dollars ($75.00) and inspection fees in the amount of
26
1. 5%
as
of
the
total
of
construction
provided
in
the
cost
27
engineer's cost estimate for the stormwater management facility,
28
with
a
fifty dollar
($50.00)
minimum.
Such f.eefees
shall
be
29
submitted to the director of planning or his designee and made
30
payable to the treasurer of the City of Virginia Beach,
31
ill
At the time easement or dedication plats are submitted, a
32
review fee in the amount of eighty-four dollars ($84.00) shall be
33
required.
34
COMMENT
35
36
37
38
39
40
This amendment establishes a $100.00 plan review fee, a $75.00 permit fee and inspection fees
based on the cost of the project, for erosion and sediment control permits. All of the fees are justified by
the amount of staff time required for review. It also establishes an $84.00 review fee for any easement
or dedication plats that may be a part of the project, and submitted as a part of the land-disturbing
process.
41
42
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this ---- day of , 2004.
CA-9166
GGjORDRESjPROPOSEDj30-061.ord.doc
R4- March 15, 2004
APPROVED AS TO CONTENTS:
0Jð)
Planning
~-r-~~
APPROVED AS TO LEGAL SUFFICIENCY:
2
1
2
3
4
5
6
7
8
9
10
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 33
OF THE CITY CODE, PERTAINING TO PERMIT FEES
FOR WORK ON, OVER, UNDER OR AFFECTING STREETS,
AND TO ADOPT A FEE FOR THE REVIEW OF EASEMENT
OR DEDICATION PLATS,
SECTION AMENDED: § 33-71
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
11
BEACH, VIRGINIA:
12
That Section 33-71 of the City Code is hereby amended and
13
reordained, to read as follows:
14
15
Sec. 33-71.
Schedule,
16
(a)
Permit, inspection and guarantee fees for work for which
17
a permi t
is required by this article shall be required or not
18
required in accordance with the following schedule:
Tvoe of Proiect Pennit Fee Insoection Fee Minimum Guarantee Fee
(a) One (1) pennit for ~$75.oo Based on 1.5% the total cost of Deposit in accordance with
work of a construction as provided in the estimated cost
continuing nature engineer's cost estimate, excluding
water, sewer and street light costs, with
a $50.00 minimum.
(b) Logging road, tram ~ $75.00 $50,00 Deposit in accordance with
road and other estimated cost
temoorarv entrances
(c) Cutting, trimming or ~ $75,00 $50.00 $25.00
spraying trees or
shrubs
(d) Blanket pennit ~ $75.00 $50.00 Deposit in accordance with
estimated cost
(e) Single- or two- ~ $35.00 $0.00 $0,00
family driveway
aprons
(I) Work authorized by $75.00 $0.00 $0.00
franchise or
certificate of
convenience and
necessity
Resubmittal $75.00 $0.00 $0.00
(g) All other work ~ $75.00 Based on 1.5% of the total cost of Deposit in accordance with
construction as provided in the estimated cost
engineer's cost estimate, excluding
street light costs, with a $50.00
minimum; provided, however, that
water and sewer fees shall be based on
10% of the construction cost up to
$7500.00 plus \,5% of the construction
cost in excess of $7500.00, with a
$50,00 minimum.
19
20
ill
At the time easement or dedication plats are submitted a
21
review fee in the amount of eighty-four dollars ($84,00) shall be
22
required.
23
24
COMMENT
25
26
27
28
29
This amendment increases the fees for work done in the right-of-way to $75.00, except for
single-family driveway aprons which are $35.00. The fee increases arejusûfied by the staff review time
involved. It also establishes a fee for review of easement or dedication plats that may be submitted in
the process.
30
31
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this day of , 2004.
CA-9167
GG/ORDRES/PROPOSED/33-071.ord,doc
R3- March 11, 2004
APPROVED AS TO CONTENTS:
APPROVED AS TO LEGAL SUFFICIENCY:
~
planning
n{A~~DO\-v
City Attorney's Office
~-'1-.Þ~
2
10
11
1
2
3
4
5
6
7
8
AN ORDINANCE TO AMEND THE CHESAPEAKE BAY
PRESERVATION AREA ORDINANCE, PERTAINING TO THE
FEE FOR ADMINISTRATIVE AND BOARD VARIANCES.
SECTIONS AMENDED: § 110
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9
BEACH, VIRGINIA:
That Section 110 of the City Chesapeake Bay Preservation Area
Ordinance is hereby amended and reordained, to read as follows:
12
13
14
15
16
Sec. 110. Variances.
Administrative variances,
The City Manager shall approve
(B)
17
or deny an application requesting an administrative variance after
18
receipt of a complete application. No such application shall be
19
accepted by the City Manager unless accompanied by a nonrefundable
20
fee
in the amount of One Hundred Fifty Dollars
($~150,OO) ,
21
Administrative variances may be granted only for uses, development
22
or redevelopment described in:
23
(1)
106 (B) (2)
water
wells,
passive
Section
for
24
recreation facilities and historic preservation and
25
archaeological activities;
26
(2)
to
106(B) (4)
Section
for
lots
recorded
prior
27
October 1,
1989 and
1989 or between October 1,
28
2004 where application of the buffer
January 1,
29
requirement would result in the loss of a buildable
30
lot and meet the criteria enumerated;
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
(3)
Section 106 (B)
(5) for sight lines, access paths,
general
woodlot
management
and
best
management
practices; and
(4)
additions
to
nonconforming
Section
for
108
structures.
(C)
Board variances.
The City Manager shall review any
other application for a variance and the water quality impact
assessment
and
provide
with
the
evaluation
of
the
Board
an
potential
of
proposed
and
other
such
impacts
the
variance
information as may aid the Board in considering the application. No
such application shall be accepted by the City Manager unless
accompanied by a nonrefundable fee in the amount of two hundred
~fifty dollars ($~250.00). The City Manager shall transmit the
46
application
and
supporting
information
evaluation
to
the
and
47
members of the Board and the applicant no less than five (5) days
48
prior to the scheduled hearing on such application.
49
50
COMMENT
51
52
53
54
55
56
This amendment will increase the fee for administrative variances under the Chesapeake Bay
Presrevation Area Ordinance from $100.00 to $150.00 and for variances that must go to the Board from
$210.00 to $250.00. The additional fees are justified by the staff time required for review.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this day of , 2004.
CA-9171
GG/ORDRES/PROPOSED/Ches Bay Ord.doc
R2- March 11, 2004
2
APPROVED AS TO CONTENTS:
~
Planning .......
'?'I)' "'ot
APPROVED AS TO LEGAL SUFFICIENCY:
~~ (~k~~O\/
City Attorneý's Office
3
./
~
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
AN ORDINANCE TO AMEND AND REORDAIN THE CITY CODE
PERTAINING TO SECTIONS AMENDED: § 17-3
May 11, 2004
MEETING DATE:
.
Background:
At City Code §17-3, a Public Library Board is established, This section presently
requires that at lease one member be a high school senior. The Public Library
Board has requested that this requirement be revised to provide for the
appointment of two high school juniors and a representative of the City's public
schools,
.
Considerations:
The Library Board has suggested increasing the number of student
representatives, noting the "valuable insight into library services" provided by
students, who are frequent library users, Appointing these representatives as
juniors will permit two years of service, Finally, the Library Board has also
suggested adding a representative from the Virginia Beach City Public Schools
as means of encouraging collaborative efforts between the City and the School
division,
.
Public Information:
To be advertised as a part of the City Council's agenda.
.
Attachments:
Ordinance
Recommended Action:
NfA
Submitting Department/Agency: City Council
Co, Ma..gec T' k . ~!I"\
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
TO THE LIBRARY BOARD BY REVISING THE
MEMBERSHIP REQUIREMENTS
SECTION AMENDED: §17-3
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That
Section
of
City
hereby
amended
and
the
Code
is
reordained, to read as follows:
Sec. 17-3.
Public Library Board.
(a)
There is hereby created a public library board, which shall
consist of not less than seven (7) nor more than eleven (11)
members. The members of the board shall be appointed by the
council for terms of three (3) years; provided, however, that the
17
initial appointments shall be made for such lesser terms as will
18
provide staggered expirations thereofT~ and fuEthcr pro~idcd that
19
one (1) Two (2) member~ shall be a high school ~ juniors,
20
whose terms shall be for one (1) year7 , and one member shall be
21
an employee of the school division.
The board shall select from
22
its membership a chairman and vice-chairman.
23
(b)
The public library board shall meet not less frequently
24
than once every quarter (three (3) months) and additionally, at the
25
call of the chairman. The board shall be responsible for making
26
recommendations to the council on all phases of library planning,
27
policy and management.
28
29
30
31
32
33
34
35
36
COMMENT
The existing requirement that one member of the Public Library Board
be a high school senior is revised to provide that two members shall be
high school juniors, Also, a requirement is added for one member be an
employee of the school division,
Adopted by the City Council of the City of Virginia Beach,
37
Virginia, on this
day of
, 2004.
CA-9231
OID/ordres/studentmembers ord.doc
R2 -
April 26, 2004
APPROVED AS TO LEGAL SUFFICIENCY:
.. ('!~ (If
,¡)ÞVf4vY7 >- i/íh-- r.
ÍéITY ATTORNEY'S OF ICE
2
\&-..; #
..~
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance to Amend and Reordain the Virginia Beach City
Code Pertaining to Maximum Speed Limits Generally
MEETING DATE:
May 11, 2004
.
Background:
The City is authorized by the State to regulate the speeds of vehicles traveling on
highways located within its boundaries, The State also authorizes the City to
establish in its Code a rebuttable presumption that any change in speed from the
maximum speed limits contained in the State Code was properly established.
The attached ordinance adds this presumption to the City Code and also, as a
housekeeping measure, adds language to the City Code emphasizing that speed
limits that have been increased or decreased (or differentiated speed limits
established) from the maximum limits established by the State are authorized
and enforceable,
.
Considerations:
This amendment to City code §21-317 emphasizes the authority of City posted
speed limits and creates a rebuttable presumption of their validity,
.
Public Information:
N/A
.
Recommendations:
.
Adopt Ordinance
Attachments:
Ordinance
Recommended Action: Approval
Submitting Department/Agency: Police/City Attorney ~
City Manager: ~ ~ . ~
H:\GGlorders\21-317.ord.arf U
1
2
3
4
5
6
7
8
9
10
11
12
13
AN ORDINANCE TO AMEND AND REORDAIN SECTION 21-
317 OF THE CITY CODE PERTAINING TO MAXIMUM
SPEED LIMITS GENERALLY
SECTION AMENDED: § 21-317
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That
Section
of
the
City
is
hereby
amended
and
Code
reordained, to read as follows:
Sec. 21-317.
Maximum speed limits qenera11y.
(a)
No person shall drive any motor vehicle upon a highway of this
14
city at a speed in excess of the following maximum speed limits or
15
in excess of any other maximum speed limit posted in accordance
16
with subsection (b) below:
17
(1)
Fifty-fi ve (55) miles per hour on the interstate system of
18
highways or other limited access highways with divided roadways.
19
(2)
Fifty-five (55) miles per hour on nonlimited access highways
20
having four (4) or more lanes and on all state primary highways.
21
(3)
Fifty-five (55) miles per hour on highways not included in (1)
22
(2)
if
the
vehicle
is
a passenger motor vehicle,
or
above,
23
passenger bus, United States post office bus, pickup or panel truck
24
or a motorcycle;
and forty-five
( 45)
miles per hour on such
25
highways, if the vehicle is a truck, road tractor, tractor truck or
26
combination of vehicles designed to transport property, or is a
27
motor vehicle being used to tow a vehicle designed for self-
28
propulsion, or a house trailer.
29
30
31
(4 )
Thirty-five
(35)
miles
the
minimum
speed
hour
or
per
allowable,
whichever is greater,
on any highway other than an
interstate highway, if the vehicle is being used as a school bus
32
carrying children, and forty-five (45) miles per hour on interstate
33
highways;
provided,
for
such
vehicle
which
however,
that
any
34
neither takes on nor discharges children between its point of
35
origin and point of destination, the speed limit shall be forty-
36
five (45) miles per hour.
37
(5)
Forty-five (45) miles per hour on any highway, if the vehicle
38
or combination of vehicles is operating under a special permit
39
issued by the commonwealth transportation board in accordance with
40
Code
Virginia,
section
46.2-1139.
commonwealth
The
of
41
transportation board may, however, prescribe a speed limit of less
42
than forty-five (45) miles per hour on any such permit issued by
43
it.
44
(6)
Twenty-five (25) miles per hour on highways in a business or
45
residential
interstate
other
limited
district,
except upon
or
46
access highways with divided roadways.
47
Thirty-five
miles per hour on highways in the city,
(7 )
(35)
48
interstate
limi ted access
highways
with
except
upon
or
other
49
divided roadways and except in business or residence districts.
50
Notwithstanding the provisions of subdivisions
(1) ,
(2) and
(8 )
( 3)
of this
subsection,
the
speed limits
for passenger motor
51
52
while
trailers
not
towing
utility,
camping
boat
vehicles,
or
2
53
54
55
56
57
58
59
exceeding an actual gross weight of twenty-five hundred
(2500)
pounds, shall be the same as that for passenger motor vehicles.
(b)
Notwithstanding the foregoing provisions, the state highway
and transportation commissioner or the director of public works or
any other authority having jurisdiction over highways may decrease
the speed limits set forth in subsections (a) (1) and (a) (3) of this
section and may increase or decrease speed limits set forth in
60
subsections (a) (6) and (a) (7) of this section.
aRd may estaBlish
61
Qèifferentiated speed limits for daytime and nighttime may also be
62
established by decreasing for nighttime driving the speed limits
63
set forth in subsections (a) (1) through (a) (3) of this section and
64
by increasing for daytime or decreasing for nighttime the speed
65
limits set forth in subsections (a) (6) and (a) (7) of this section.
66
Such increased or decreased speed limits and such differentiated
67
speed limits for daytime and nighttime driving shall be effective
68
only when prescribed
traffic
engineering
and traffic
after
a
69
investigation
and
indicated
the
highway
by
signs;
when
upon
70
provided,
the increased or decreased speed limits over highways
71
under
the
control
the
highway
and
transportation
of
state
72
commissioner shall be effective only when prescribed in writing by
73
the highway and transportation commissioner and kept on file in the
74
central office of the department of highways.
Whenever the speed
75
limit
highway
has
been
increased
decreased,
or
a
on
any
or
76
differential speed limit has been established and such speed limit
3
77
78
is properly posted, there shall be a rebuttable presumption that
the change in speed was properly established in accordance with
79
this ordinance and Virginia State Code § 46.2-878.
COMMENT
80
81
82
83
84
85
86
87
88
This amendment clearly states that it is unlawful to operate a motor vehicle in excess of the
posted limit and prescribes a rebuttable presumption as to the legality of limits set by Public Works.
Adopted by the City Council of the City of Virginia Beach,
89
Virginia, on this
day of
, 2004,
CA-9137
gg/ordres/proposed/21-317.ord.doc
R4
April 19, 2004
H, \OPA \GG\ORDRES\PROP\21-317. ORD .DOC
PPROVED AS TO LEGAL SUFFICIENCY:
~~
4
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
AN ORDINANCE TO AMEND AND REORDAIN THE CITY CODE PERTAINING
TO THE TOWING OF VEHICLES FROM PRIVATE PROPERTY-REQUESTED
BY COUNCILMEN MADDOX AND DIEZEL
SECTIONS AMENDED: §§ 21-426 and 21-429
MEETING DATE:
May 11, 2004
.
Background:
Virginia State Code § 46,2-1233,2 requires local governing bodies electing to regulate towing
fees to appoint a Towing Advisory Board, Sections 21-426, and 21-429 of the City Code were
last amended August 6, 2002, The Towing Advisory Board presented a report to City Council
on April 13, 2004, recommending amendments to the City Code, Included in the proposed
amendments are increases in certain towing fees and a provision requiring tow operators to
make a Survey and Comment Form available when the vehicle is retrieved,
.
Considerations:
The Board members convened at the request of Council and were asked to address behavior
issues and submit recommendations for increased towing fees. City Council received the
Board's, report on April 13, 2004 which outlined the proposed fee increases and recommended
the City Code be amended to require tow operators to provide a Survey and Comment Form to
the person retrieving the towed vehicle, This Survey and Comment Form will allow the Board to
measure the extent of behavior problems associated with the towing industry, The Board will
present an updated report to Council in the fall, after the scope of the problem has been
ascertained,
.
Public Information:
A public briefing was presented to Council on April 13, 2004 and a Public hearing is scheduled
for May 11,2004,
.
Recommendations:
Approval
.
Attachments:
Ordinance
Recommended Action:
Approval
Submitting Department/Agency:
Councilmen Maddox and Diezel
City Manager:
H:\P&A\GG\OrdRes\Towing Advisory Board ARF.doc
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14
REQUESTED BY COUNCILMEN MADDOX AND DIEZEL
AN ORDINANCE TO AMEND AND REORDAIN SECTIONS OF
THE VIRGINIA BEACH CITY CODE PERTAINING TO
TOWING OF VEHICLES FROM PRIVATE PROPERTY.
SECTION AMENDED: §§ 21-426, 21-429
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That
Section
of
City
Code
is
hereby
amended
and
the
reordained, to read as follows:
Sec.
21-426.
Charges for towing and storage of vehicle;
receipt required.
(a)
No tow truck service or operator operating within the
15
city shall, at any time, charge a basic towing fee greater than the
16
fees set forth below:
17
TABLE INSET:
18
Gross weight of vehicle
Maximum fee
19
11,000 pounds or less
$ ~ $85.00
285.00
20
11,001 pounds or more
21
The basic fee shall be inclusive of any additional towing
22
services such as the use of a dolly. This subsection shall apply
23
only when a vehicle is moved or towed without the prior consent and
24
agreement of the owner or custodian of the vehicle,
25
(b)
No tow truck service or operator shall assess any charges
26
for storage for the initial twenty-four (24) hours, nor charge more
27
than fifteen twenty dollars (~15.09)
($20.00) per twenty-four-hour
28
period thereafter, for any vehicle with a gross weight of 11,000
29
pounds or less removed from private property without the consent of
30
31
32
33
the owner or custodian of the vehicle, whether such tow originates
in this city or any other jurisdiction. For vehicles with a gross
weight of more than 11,000 pounds, a storage fee not to exceed
twenty dollars ($20.00) per twenty-four-hour period may be assessed
34
after the first twenty-four (24) hours. Delays caused by storage
35
personnel
shall
included
computing
storage
when
yard
not
be
36
charges.
37
(c)
If any vehicle is not redeemed within seven
(7 )
days
38
after it is towed,
the tow truck service shall be entitled to
39
recover an additional fee, not to exceed fifty dollars ($50.00), as
40
payment for the cost of any search conducted to determine the
41
registered owner and lien holder, if any, of the vehicle.
42
(d)
No tow truck service or operator shall charge any fee for
43
mileage, or any other fee in addition to the basic towing fee set
44
forth in subsection (a) above.
45
A monetary receipt for each and every fee collected must
(e)
46
be given to those persons whose vehicles have been towed by a tow
47
truck service,
or released after hook up,
upon release of the
48
vehicle. The information on the receipt must be clearly legible and
49
include the time, date and place of the tow, the name of the tow
50
truck operator who made the tow,
and the name of the tow truck
51
service for which said operator works. The receipt must also list
52
the amount of money paid for the release of the vehicle,
any
53
additional charges incurred in the tow, and the reason for said
2
54
55
56
57
58
59
additional charges. The following shall be printed conspicuously on
every
receipt:
"NOTICE:
Virginia
City
21-426 (f)
Code
§
Beach
requires the tow company to offer you a Survey and Comment Form
with this receipt.R
A copy of the receipt must be retained by the
tow truck service for a period of one
(1) year and shall be made
available for inspection by city police or the commissioner of the
60
during normal business hours
of the tow truck service
revenue
61
owner.
62
(f)
and
Form,
developed
the
Towing
by
A
Survey
Comment
63
Advisory Board, shall be offered to those persons whose vehicles
64
have been towed by a tow truck service, or released after hookup,
65
upon release of the vehicle.
66
67
68
69
70
71
72
73
74
75
76
COMMENT
The amendment to § 21-426 raises the storage fee from fifteen dollars
($15,00) a day to twenty dollars ($20,00) per day and raises the maximum
allowable fee for towing a vehicle weighing 11,000 pounds or less from seventy
five dollars ($75,00) to eighty five dollars ($85,00). This amendment also
requires the tow truck company to provide a copy of the Survey and Comment Form,
developed by the Towing Advisory Board, to the person retrieving the vehicle,
along with the receipt for monies paid,
Sec.
21-429.
Miscellaneous prohibited acts by tow truck
77
service or operator.
78
Except when acting as an agent in the legal repossession of a
79
vehicle, it shall be unlawful for any tow truck service or operator
80
to:
81
(1)
Tow or otherwise move a vehicle from any area or portion
82
of a public street without either the consent of the owner or
3
83
84
85
86
87
100
101
102
103
104
105
custodian of the vehicle or authorization from a police officer or
other designated official of the city.
(2)
Block the movement of or tow or otherwise move a vehicle
from any private road, driveway or any other privately owned land
or property within the city without the consent of the owner or
88
custodian thereof, unless:
89
(i)
The vehicle is parked in a designated parking space of a
90
decal-controlled parking area and is not displaying a decal or
91
other form of authorization issued by the owner, lessee or agent of
92
such parking area;
93
(ii) The vehicle is parked in a designated parking space of a
94
non-decal-controlled
parking
during
any period
when
the
area
95
business (es)
serviced by the parking is
open, and the tow
(are)
96
truck operator obtains the written consent of the owner, lessee or
97
agent of such parking area prior to towing the vehicle; or
98
(iii)
The vehicle is parked in a non-decal-controlled
99
parking area during any period when the business (es) serviced by
the parking area is
closed, and towing is enforced twenty
(are)
four (24) hours a day by such business(es); or
(iv) The vehicle is parked on any portion of a parking area in
such manner as to block ingress or egress to the parking area, or
to block access
dumpster
or properly marked
service
or
to
a
delivery area, or is otherwise parked in a portion of the parking
4
------,,- ,
106
107
108
109
1l0
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112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
area that
is
specifically designated,
by lines,
or
curbs
not
similar markings, as an area for the parking of vehicles.
No vehicle shall be towed pursuant to subsections (i)
(ii) ,
(iii), or (iv) unless there is a written contract between the tow
truck service and the owner, lessee or agent of the parking area to
remove all unauthorized vehicles from the parking area, the tow
truck
has
of
in
or
her
his
such
contract
operator
a
copy
possession, and the owner, lessee or agent has complied with all of
the signage requirements set forth in section 21-422.
(3)
Tow or otherwise move a vehicle from any private road or
driveway, or from any other privately owned land or property within
the city to a place out of the city without the consent of the
owner or custodian of the vehicle; provided that, after a period of
not less than twenty-four (24) hours following the initial towing
of a vehicle, as recorded in the police dispatcher's log, any such
vehicle may be moved to a storage area located outside of the city,
with prior notification to and approval of the police department.
Notwithstanding the above, if a tow truck service or operator owns
or leases a storage area located outside of the city, and such
storage area is closer to the location from which a vehicle is
towed than the closest in-city storage area owned or leased by the
tow truck service or operator, such vehicle may be initially towed
to the storage area located outside of the city, provided the tow
truck service or operator is authorized to do business in both
5
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
cities,
charges a fee not greater than that fee authorized in
Virginia Beach and invoices the tow in Virginia Beach.
(4 )
Block any vehicle, other than when on the property of the
tow truck service, to prevent the movement thereof by its owner or
custodian who has appeared prior to the vehicle being hooked up and
desires to move the vehicle.
(5)
Wait for employment by standing or parking on public
property.
(6)
Drive a tow truck or wrecker along any street to solicit
towing.
(7 )
Tow or otherwise move a vehicle from any place in the
city utilizing a wrecker or tow truck which is not insured as
required by section 18-55.1 of this Code.
(8 )
Provide
information
police
dispatcher
false
to
any
concerning any vehicle towed.
(9)
Require the owner of any towed vehicle to wait for a
period exceeding two (2) hours for release of a vehicle. Any delay
over two (2) hours caused by failure to monitor or respond to calls
placed
operator's
designated
telephone
number
shall
to
the
constitute a violation of this section.
(10) Move any vehicle to any intermediate place of storage, or
to any location other than to the registered secure storage yard of
a tow truck service, unless specifically requested by the owner or
custodian of said vehicle.
6
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
(11) During the
initial
twenty-four
(24 )
after the
hours
vehicle is towed and upon request by any owner or custodian of a
currently licensed vehicle, deny or prevent access to said vehicle
for the purpose of removing personal items, whether or not the
owner or custodian is then able to reclaim the vehicle. After the
initial twenty-four (24) hours has expired and upon the request by
any owner or custodian of a currently licensed vehicle, no tow
truck service or operator shall refuse to allow such owner or
custodian access to such vehicle once per day between the hours of
8:00 a.m. and 5:00 p.m.
(12) Assess any charge or fee in excess of, or in addition to,
the charges and fees authorized by this division.
(13) Fail to provide a monetary receipt, for each and every
fee collected, containing the notice provision outlined in §21-
426 (e) .
(14) Fail to make the Survey and Comment Form developed by the
Towing Advisory Board available when the vehicle is retrieved.
COMMENT
The amendment to § 21-429 provides failure to make the Survey and Comment
Form available when the vehicle is retrieved unlawful, The name and address of
the City Department designated to receive and review these forms shall be
preprinted on the face of the forms, This amendment also provides fai~ure to use
a monetary receipt containing the notice provision required by §21-426 (e)
unlawful,
7
180
181
182
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this ---- day of
, 2004.
CA-9227
H:/PA/ORDRES/PROPOSED/21-426&21-429 ord.doc
R2 -
April 21, 2004
APPROVED AS TO LEGAL SUFFICIENCY:
~~
8
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance Authorizing the Acquisition of an Agricultural Land
Preservation Easement and the Issuance by the City of its Contract
Obligations in the Maximum Amount of $116,154 (Property of Dianna
Conte and Patricia Ange)
MEETING DATE: May 11,2004
. Background: In May, 1995, the Agricultural Lands Preservation Ordinance
(the "Ordinance") was adopted by the City Council for the purpose of promoting and
encouraging the preservation of farmland in the rural southern portion of the City,
Under the Agricultural Reserve Program established by the Ordinance, the City
purchases the development rights of eligible parcels of land, leaving the fee simple
ownership of the land unchanged. These purchases are embodied by perpetual
agricultural land preservation easements pursuant to which only agricultural uses, as
defined in the Ordinance, are allowed on the land,
The subject property has been appraised by an independent appraiser retained
by the City, The appraiser has determined the fair market value of the property, based
upon eighteen (18) comparable sales, From the fair market value, the value of the
development rights has been determined by subtracting $900 per acre, which has
previously been established as the farm value (i.e., value of the land restricted to
agricultural uses) for land throughout the southern rural area of the City. The resulting
amount is the value of the development rights of the property,
All offers by the City to purchase the development rights to property are expressly made
contingent upon the absence of any title defects or other conditions which, in the
opinion of the City Attorney, may adversely affect the City's interests, and other
standard contingencies,
. Considerations: The subject property consists of one (1) parcel of land having
approximately 43,02 acres outside of marshland or swampland, It is owned by Dianna
G. Conte and Patricia D, Ange, Under current development regulations, there is a total
development potential of four (4) single-family dwelling building sites, one (1) of which
would be reserved for future development as a 3-acre building site, Thus, the
preservation easement acquired by the City would cover approximately 40,02 acres,
The site, which is shown on the attached Location Map, is located on Baum Road, in
the District of Princess Anne, The proposed purchase price, as stated in the ordinance,
is $116,154. This price is the equivalent of approximately $2,902 per acre of easement
acquired,
The terms of the proposed acquisition are that the City would pay interest only for
a period of 25 years, with the principal amount being due and payable 25 years from the
date of closing, The interest rate to be paid by the City will be the greater of 4,50% per
annum or the per annum rate which is equal to the yield on U,S. Treasury STRIPS
purchased by the City to fund its principal obligation under the Installment Purchase
Agreement, not to exceed 6,50% without the further approval of the City Council.
The proposed terms and conditions of the purchase of the Development Rights
pursuant to the Installment Purchase Agreement, including the purchase price and
manner of payment, are fair and reasonable and in furtherance of the purposes of the
Ordinance,
. Public Information: The ordinance has been advertised by publication in a
newspaper having general circulation in the City once per week for two successive
weeks,
. Alternatives: The City Council may decline to purchase the development rights
to the property,
. Recommendations: Adoption of the ordinance and acquisition of the
development rights, assuming all contingencies are met.
. Attachments: Summary of Material Terms of Installment Purchase Agreement
(full Agreement is on file in the City Attorney's Office); area map showing location of
property.
Recommended Action: Adoption
S"Om,"I", -""Ag.."" Ag"~l"". 0.",""'..1 ftJ
City Manager: ~ K..., ~~
1
2
3
4
S
6
7
8
9
10
AN ORDINANCE AUTHORIZING THE
ACQUISITION OF AN AGRICULTURAL LAND
PRESERVATION EASEMENT AND THE
ISSUANCE BY THE CITY OF ITS CONTRACT
OBLIGATIONS IN THE MAXIMUM PRINCIPAL
AMOUNT OF $116,154
WHEREAS, pursuant to the Agricultural Lands Preservation
11
Ordinance
(the" Ordinance"), Appendix J of the Code of the
12
City of Virginia Beach, there has been presented to the City
13
Council a request for approval of an Installment Purchase
14
Agreement (the form and standard provisions of which have been
lS
previously approved by the City Council,
a summary of the
16
material terms of which is hereto attached, and a true copy of
17
which is on file in the City Attorney's Office)
for the
18
acquisi tion of the Development Rights
(as defined in the
19
Installment Purchase Agreement) on certain property located in
20
the
B
City
and more
fully
described
in
Exhibit
of
the
21
Installment
a
Purchase
for
Agreement
purchase
price
of
22
$116,154; and
23
WHEREAS,
the
be
aforesaid
Development
Rights
shall
24
acquired through the acquisition of a perpetual agricultural
2S
land preservation easement, as defined in, and in compliance
26
with, the requirements of the Ordinance; and
27
WHEREAS, the City Council has reviewed the proposed terms
28
and conditions of the purchase as evidenced by the Installment
29
Purchase Agreement;
1
30
31
32
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
33
1.
The City Council hereby determines and finds that
34
the proposed terms and conditions of the purchase of the
35
Development
Rights
to
Installment
the
Purchase
pursuant
36
Agreement, including the purchase price and manner of payment,
37
are fair and reasonable and in furtherance of the purposes of
38
the Ordinance, and the City Manager or his designee is hereby
39
authorized to
upon or before
execution and
the
approve,
40
delivery of the Installment Purchase Agreement, the rate of
41
interest to accrue on the unpaid principal balance of the
42
purchase price set forth hereinabove as the greater of 4.5%
43
per annum or the per annum rate which is equal to the yield on
44
United States Treasury STRIPS purchased by the City to fund
45
such unpaid principal balance; provided, however, that such
46
rate of interest shall not exceed 6,5% unless the approval of
47
the City Council by resolution duly adopted is first obtained.
48
2.
The City Council hereby further determines that
49
funding is available for the acquisition of the Development
50
Rights pursuant to the Installment Purchase Agreement on the
51
terms and conditions set forth therein.
52
3,
The
City Council
hereby expressly
approves
the
53
Installment
Purchase
and,
subject
to
the
Agreement
54
determination of the City Attorney that there are no defects
2
55
in title to the property or other restrictions or encumbrances
56
thereon which may,
in the opinion of
the City Attorney,
57
adversely affect the City's interests,
authorizes the City
58
Manager or his designee to execute and deliver the Installment
59
Purchase
in
same
form
and
substantially
the
Agreement
60
substance as approved hereby with such minor modifications,
61
insertions, completions or omissions which do not materially
62
alter the purchase price or manner of payment, as the City
63
Manager or his designee shall approve,
The City Council
64
further directs the City Clerk to affix the seal of the City
65
to, and attest same on, the Installment Purchase Agreement.
66
The City Council expressly authorizes the incurrence of the
67
indebtedness represented by the issuance and delivery of the
68
Installment Purchase Agreement.
69
4,
The
to
issue
the
Council
City
hereby
elects
70
indebtedness
than
the
under
Charter
the
City
of
rather
71
pursuant
the
1991
and
hereby
Public
Finance
of
to
Act
72
constitutes the indebtedness a contractual obligation bearing
73
the full faith and credit of the City.
74
Adoption requires an affirmative vote of a majority of
75
all members of the City Council.
76
Adopted by the Council of the City of Virginia Beach,
77
Virginia, on this ----- day of
, 2004.
3
CA-9228
H: \IOD\Agency\arp\acquisordin, conte\doc
R1
April 19, 2004
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
'UFúTJL If/~
City A~torneyos Office
CERTIFIED AS TO AVAILABILITY
OF FUNDS:
.. r~
,.J-.. ," .,c.. I :
",¡¿'IA/II" () . u..J.L 0'"
Director of-Finance ~
4
(
ARP application for Conte and Ange
Property Location
3281 Baum Road
AGRICUL TURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2004-62
SUMMARY OF MATERIAL TERMS
SELLER: CONTE, Dianna & ANGE, Patricia
PROPERTY LOCATION: 3281 Baurn Road, Princess Anne District
PURCHASE PRICE: $116,154
EASEMENT AREA: 40,02 acres, more or less
DEVELOPMENT POTENTIAL: 4 single-family dwelling sites (3 acquired)
DURATION OF EASEMENT: Perpetual
INTEREST RATE: Equal to yield on U.S, Treasury STRIPS acquired by City to fund purchase
price, but not less than 4,50% (actual rate to be determined when STRIPS are purchased prior to
execution ofIP A), Rate may not exceed 6,50% without approval of City CounciL
TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from
IPA date
RESTRICTIONS ON TRANSFER: IP A ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery of IP A,
r
,~~[;"
"'.'."^--a::::.:V1o...',
{~~:}~)1}
"'"
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Purchase of 9,785 Acres from MPB.INC for the Expansion of Tidewater
Community College
MEETING DATE: May 11, 2004
. Background:
On December, 11, 2001, City Council authorized the City Manager to sign a term-sheet
that provided for the City's participation in the expansion of the Virginia Beach campus
of Tidewater Community College. City Council also created Capital Project #3-262
Tidewater Community College Expansion to provide for the City's site improvement and
site acquisition costs associated with the proposed expansion.
The term-sheet also authorized the purchase of six parcels surrounding the campus to
allow for needed expansion. Three properties on the north side of the campus have
already been acquired. An agreement with the seller, MPB.INC" has been finalized to
purchase the three remaining parcels at the entrance to Tidewater Community College
on Princess Anne Road for a purchase price of $3,750,000, The total acreage of the
three parcels is 9,785 acres with the breakdown by parcel as follows (a map of the area
is included in Exhibit A of the Agreement of Sale):
GPIN: 1485-44-2154 - 2.632 acres
GPIN: 1485-34-9414 - 3,959 acres
GPIN: 1485-34-6667 - 3.194 acres
The project currently has $7,213,290 appropriated with a balance of $4,675,267.
. Considerations:
Acquiring the three parcels is consistent with the term-sheet the City Council authorized
the City Manager to sign with Tidewater Community College and would complete the
needed site acquisition associated with the expansion of the campus, The purchase
price of $3.75 million is consistent with commercial values in the area and the City's
appraisal of the property.
. Public Information:
Public Information will be handled through the normal Council agenda process,
. Alternatives:
The City could decide not to acquire the property, and the property would likely be
developed for other commercial purposes, which may be incompatible with Tidewater
Community College's Master Plan and would restrict the expansion of the college,
.
Recommendations:
. ---------
Approve the ordinance authorizing the City Manager or his designee to enter into an
Agreement of Sale,
. Attachments:
Ordinance
Agreement of Sale
Recommended Action: Approval
Submitting Department/Agency: Managementoe~i{i;S
City Manager: ~ )L .~~
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1
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3
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AN ORDINANCE TO AUTHORIZE ACQUISITION OF
PROPERTY LOCATED ON PRINCESS ANNE ROAD FOR
TIDEWATER COMMUNITY COLLEGE FROM MPB, INC.
6
WHEREAS, on December 11, 2001, City Council authorized the City Manager to sign a
7
tenn sheet that provided for the City's participation in the expansion ofthe Virginia Beach campus of
8
Tidewater Community College;
9
WHEREAS, such tenn sheet authorized the purchase of six parcels suITounding the campus
of Tidewater Community College to allow for needed expansion;
WHEREAS, three properties on the north side of the campus have previously been acquired
12
for such purpose;
13
WHEREAS, on behalf of the City, the City Manager and City staff have engaged in
14
negotiations for the purchase of the three remaining parcels, which are owned by MPB, Inc. and
15
located on Princess Anne Road at the entrance to Tidewater Community College; and
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WHEREAS, there is sufficient funding for the $3,750,000 purchase price in Capital
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Improvement Project #3-262, Tidewater Community College Expansion, to acquire this property.
18
NOW, THEREFORE, BE IT ORDAINED BY THE COUNClLOF THE CITY OF VIRGINIA
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BEACH, VIRGINIA:
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1.
That the City Council authorizes the acquisition, by purchase, of the property,
21
described and depicted on Exhibit A attached hereto.
22
2,
That the City Manager or his designee is authorized to execute on behalf ofthe City
23
of Virginia Beach, an Agreement of Sale for the purchase of the property for the sum of$3,750,000
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in accordance with the tenns contained in the Summary ofTenns attached hereto as Exhibit B and
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in a fonn acceptable to the City Attorney.
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2004,
Adopted by the Council of the City of Virginia Beach, Virginia, on the - day of May,
CA-9188
Fm",IATY\Fo~\Co~,d,' Proj~"\TCOTCCORD OOC
April 30, 2004
Approved as to Content:
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Management Services
Approved as to Content:
APPROVED AS TO LEGAL SUFFICIENCY:
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EXHIBITB
MPB, INc. - TIDEWATER COMMUNITY COLLEGE EXPANSION
SUMMARY OF TERMS
FEE SIMPLE
OWNER:
MPB, Inc,
PROPERTY:
9,785 Acres on Princess Anne Road located at the entrance to TCC
PURCHASE
PRICE:
$3,750,000
DEPOSIT:
$25,000 (to be applied to Purchase Price)
DUE DILIGENCE
PERIOD: 90 Days to inspect the property for title, environmental and other issues to
ensure satisfactory condition.
SETTLEMENT:
Within 90 days of execution ofthe Agreement of Sale by the City
Manager.
ATTACHMENTS: Term Sheet
Agreement of Sale
FIDataIA TYIFmmslCommecoiaJ PmjectslTCClsotdoc
AGREEMENT OF SALE
THIS AGREEMENT OF SALE ("Agreement") is made as of this - day of
, 2004, by MPB, INc., a Virginia corporation ("Seller"), and the CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Buyer" or
"City").
WITNESSETH:
In consideration of the covenants and agreements of the respective parties herein set forth
and in further consideration of a deposit (the "Deposit") of Twenty-Five Thousand Dollars
($25,000.00), cash in hand paid, receipt of which is hereby acknowledged, Seller hereby agrees
to sell, and Buyer hereby agrees to purchase the following described property (hereinafter the
"Property") to wit:
Approximately 9.7850 acres of unimproved real property located on
Princess Anne Road at the entrance to Tidewater Community College
(comprised of GP1N:1485-44-2154 = 2.632::t acres; GPIN: 1485-34-9414
= 3,959::t acres; GPIN: 1485-34-6667 = 3.194::t acres) as depicted on
Exhibit A attached to this Agreement.
The actual boundaries and final acreage ofthe Property shall be as depicted on the
physical survey (the "Survey") of the Property to be obtained by Buyer at Buyer's expense,
Seller shall have the right to review and approve the Survey.
1. Purchase Price. The total consideration is as follows: THREE MILLION
SEVEN HUNDRED FIFTY THOUSAND AND NOll 00 DOLLARS ($3,750,000.00) (the
"Purchase Price") for the Property, The Purchase Price is to be paid in lawful money of the
United States of America as follows:
a. The Deposit shall be paid by Buyer to
as Escrow Agent (the "Escrow Agent") upon execution of this Agreement by all parties, The
Escrow Agent shall hold the Deposit in a non-interest bearing account in accordance with the
tenns of this Agreement, with the Deposit to be applied to the Purchase Price at the time of
Settlement, as hereinafter defined, or otherwise applied as provided in this Agreement,
b. The balance of the Purchase Price shall be paid by wire transfer of funds
or in cash or by certified check at the time of Settlement.
2.
Due DiIi!!ence.
a. Buyer is hereby granted ninety (90) days from the date of full execution of
this Agreement by all parties (the "Due Diligence Period") (i) to inspect the Property and to
perfonn such tests and examinations as the Buyer deems advisable, including, without limitation,
soil and environmental tests, in order to detennine that the soils and subsurface conditions of the
Property are suitable, in the reasonable opinion of Buyer, for Buyer's intended use, and to
detennine the existence of any adverse environmental matters or conditions in, on, under, about,
or migrating from or onto the Property and (ii) to make investigations with regard to matters of
ag,eement of sale v2.do'
04/30/04
survey, flood plain, utilities availability, building code, and other applicable governmental
requirements with regard to the Property and the use thereof. Seller shall furnish Buyer with
copies of all surveys, title policies, environmental reports, etc, relating to the Property in Seller's
possession or control, however, Seller makes no representations or warranties as to the
completeness or accuracy thereof.
b. If the Buyer determines during the Due Diligence Period that the soils and
subsurface conditions of the Property are not suitable for its intended use, that the existence of
any adverse environmental matters or conditions in, on, under, about, or migrating ITom or onto
the Property is unacceptable, or that any of its inspections, investigations and the like are
unacceptable or unsatisfactory to Buyer, Buyer reserves the right to terminate this Agreement of
Sale by giving Seller written notice of termination not later than 5 :00 p.m, on the last day of the
Due Diligence Period. Upon receipt of such notification, the Deposit shall be returned to the
Buyer within 14 business days and thereafter, neither party shall have any further rights against
or obligations or liability to the other hereunder except as otherwise expressly provided herein,
3,
Settlement,
a. Settlement proceedings ("Settlement") shall be conducted at the Office of
the City Attorney, Real Estate Annex, Building 20, Municipal Center, Virginia Beach, Virginia
23456, Settlement shall occur on the first business day following the expiration of the Due
Diligence Period (the "Settlement Date"), or at such other earlier time as Buyer may elect with
prior written notice to Seller. Buyer agrees to use commercially reasonable efforts to cause
Settlement to occur on or prior to July 15, 2004, Either party's failure to comply with the terms
and provisions hereof at the time and in the manner herein prescribed shall be deemed a material
breach of this Agreement.
b. Seller hereby covenants and agrees to deliver or cause to be delivered to
Buyer or Buyer's counsel on or prior to Settlement the following documents and instruments:
i. A special warranty deed (the "Deed") conveying good, marketable
and insurable fee simple title to the Property, free of all liens and encumbrances except any
Permitted Exceptions, Seller shall be responsible for obtaining the release of the Property from
the liens of any deeds of trust, judgments or items of similar nature.
ii, A certification duly executed by Seller setting forth Seller's address
and federal tax identification number and certifying that Seller is a "United States Person" and that
Seller is not a "foreign person" in accordance with and/or for the purpose of the provisions of
Sections 7701 and 1445 (as may be amended) of the Internal Revenue Code of 1986, as amended,
and any regulations promulgated thereunder.
iii, An Owner's Affidavit in form and substance satisfactory to Buyer's
title company and Seller to enable the title company to issue its policies of title insurance without
exception for mechanics' and/or materialmens' liens, assessments, parties in possession and matters
typically addressed in Owner's affidavits,
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c, Buyer hereby covenants and agrees to deliver or cause to be delivered to
Seller on or prior to Settlement the Purchase Price and Buyer's share of closing costs and
prorations,
d, In addition to the obligations to be performed hereunder by the parties at
Settlement, each party agrees to perform such other acts and to execute, acknowledge and
deliver, subsequent to Settlement, such other instruments, documents and other material as the
other party may reasonably request and shall be necessary in order to effectuate the
consummation of the transaction contemplated herein and to vest title to the Property in Buyer.
However, notwithstanding the foregoing, SeHer acknowledges and agrees that Buyer has certain
powers, purposes and responsibilities by virtue of being a municipality, and as such, its ability to
execute instruments and documents or to perform certain acts is limited by the laws of the
Commonwealth of Virginia, including but not limited to, its defenses of sovereign immunity.
Nothing herein shall be construed to waive any of the powers, purposes, responsibilities or
defenses of Buyer as a municipality.
4. Premises Purchased As Is, Buyer purchases the Property "as is" and it shall be
the responsibility of Buyer to determine whether or not there are any adverse environmental
conditions, hazardous waste conditions, status as protected wetlands or endangered species, or
other conditions that would prevent Buyer's proposed use of the Property.
5, Prorations. All rents, interest, taxes, utilities and other appropriate items shall be
prorated and apportioned on a per diem basis as of the Settlement Date, Assessments, general or
special in nature, pending or confinned, shall be paid or satisfied in full by Seller at Settlement,
6,
Settlement Costs and Expenses.
a, Buyer shaH bear cost of obtaining a title report for the Property and all
other closing costs associated with Settlement including all recording costs, except for grantor's
tax, and transfer taxes, and all title insurance premiums and its own attorney's fees and costs.
b, Seller shall prepare the Deed conveying title to the Property to Buyer and
shall pay all expenses of preparation of the Deed, the grantor's tax and its own attorney's fees
and costs.
c. Seller and Buyer each warrant and represent to the other that neither party
has had any dealings, negotiations or communications with any brokers or other intermediaries
that would obligate either one ofthem for the payment of any real estate commission or fee as a
result of this transaction.
7.
Title,
a. Buyer shall have up to sixty (60) days from the date of execution of this
Agreement by all parties to examine the record title to the Property, to furnish SeHer with a title
commitment (the "Title Commitment") and to notify Seller of any title objections disclosed by
such examination (the "Title Objections"). Seller shall notify Buyer within ten (l0) days after
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agreement of sale v2doc
04/30/04
receipt of Buyer's notice of any Title Objections that Seller elects not to cure or is unable to cure
prior to the Settlement Date. Seller agrees to cure all other Title Objections prior to the
Settlement Date, If Seller notifies Buyer of any Title Objections that it cannot or will not cure
prior to the Settlement Date, then Buyer shall have the option either (i) to terminate this
Agreement by written notice to Seller, in which case Seller shall return the Deposit to Buyer
within fourteen (14) business days, and thereafter, neither party shall have any further rights
against or obligations or liability to the other hereunder except as otherwise expressly provided
herein, or (ii) to accept any remaining uncured Title Objections, If Buyer does not exercise the
option to terminate, Buyer shall accept title to the Property subject to such title defects. It is
understood and agreed that any objections to title not raised by Buyer in accordance with this
Paragraph 7 shall be deemed waived.
b, If Seller fails to notify Buyer of its inability or election not to cure the
Title Objections in accordance with Paragraph 7(a) above, then Seller shall be deemed to have
elected to cure all Title Objections prior to Settlement. If Seller has failed to cure anyone or
more of the Title Objections it has elected to cure prior to Settlement and is not diligently
proceeding to complete such cure, then Buyer may, at its option, either (i) postpone Settlement
until Seller has completed such cure, (ii) terminate this Agreement or (iii) agree to accept any
remaining uncured Title Objections.
c. All restrictions, rights-of-way, easements and encroachments ofrecord on
the date of execution of this Agreement which do not constitute Title Objections or that are Title
Objections which are either (i) cured by Seller or (ii) subsequently accepted by Buyer in writing
as provided above shall be referred to collectively as the "Permitted Exceptions",
8. AccessfRi!!ht of Entrv. During the Due Diligence Period, Buyer, or its agents,
contractors, representatives, successors and assigns shall be permitted access to the Property for
the purpose of making such studies of the Property as necessary to determine feasibility of the
Property for Buyer's planned use and to determine the existence of any adverse environmental
matters or conditions, It is expressly agreed, however, that:
a.
Such access shall be at Buyer's sole risk and expense;
b. Seller shall not be responsible for and Buyer, to the extent permitted by
law, shall indemnify and hold harmless Seller, and its agents, employees, volunteers, servants
and officials against any and all claims, obligations, demands, actions or suits for bodily injury or
property damage by any person arising from such access or the conduct of activities on the
Property by Buyer, its agents, contractors, representatives, successors and assigns; and
c. Neither Buyer nor any of its agents or contractors shall suffer or cause to
be created any lien or encumbrance arising from such activities, and Buyer shall repair any
damage to the Property resulting from such access.
The obligations set forth in this Paragraph 8 shall survive Settlement or
termination of this Agreement.
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agceement of sale v2.doc
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9,
ContiUl!encies,
a, This Agreement and the obligations of Buyer hereunder shall be subject to
the availability of funding, and nothing contained herein shall be construed as binding the Buyer
to expend any sum in excess of appropriations made by the City, or to involve the Buyer in any
contract or other obligation for the further expenditure of money in excess of such appropriations
or allocations.
b, If anyone or more ofthe contingencies set forth below is not approved or
effectuated, either party reserves the right to provide written notice to the other, not later than ten
(10) days prior to the Settlement Date, that such party is terminating this Agreement. Upon
receipt of such notification, neither party shall have any further rights against or obligations or
liability to the other hereunder except as otherwise expressly provided herein,
(i)
The City must appropriate funds for the purchase of the Property,
(ii) The City Council must approve the acquisition of the Property and
take all necessary action to complete the acquisition.
(iii) The Board of Directors of Seller must approve the sale of the
Property and take all necessary action to complete the sale.
c. Nothing contained in this Agreement shall be deemed to require or obligate
the City or the City Council (or any member thereof) to take any particular actions with respect
to the proposed and intended actions contemplated hereby,
10,
Seller's Representations,
a. Seller hereby represents that it is the sole owner of the Property, holds good
and marketable title to the Property and can convey same in accordance with the terms and
conditions herein specified.
b. Seller represents and warrants that (i) Seller is a duly organized, validly
existing corporation in good standing under the laws of the Commonwealth of Virginia; (ii)
Seller has the power and authority to enter into this Agreement; and (iii) the undersigned officer
of Seller is duly authorized to execute and deliver this Agreement.
c, Seller further represents that to its actual knowledge there are no agreements
existing, written, oral, or implied, limiting or restricting development of the Property except as
set forth in this Agreement or as limited by current zoning or in current documents of record.
d, There are no pending or, to Seller's actual knowledge, threatened judicial,
municipal or administrative proceedings affecting the Seller or any portion of the Property or
affecting Seller's right to sell any portion of the Property.
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'gceoment of sale v2.doc
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e, To Seller's actual knowledge, the Property is not in violation of any
environmental laws, To Seller's actual knowledge, the Property does not contain any hazardous
substances or hazardous materials as defined under applicable environmental laws, and the
Property has not been used for the use, manufacture, storage, discharge, release or disposal of
any of the foregoing.
f. Seller's "actual knowledge" means Seller's current actual knowledge without
the requirement for any independent investigation or inquiry.
11, Buver's Representations, Buyer represents that it intends to use the Property for
the expansion of Tidewater Community College ("TCC"), Buyer agrees that it will not use the
Property, or allow the Property to be used, for the provision of medical treatments or medical
services to the public for a fee; provided, however, this restriction shall not apply to the use of
the Property (i) as a medical educational facility or for instructional activities directly related to
the educational mission ofTCC or (ii) as a health clinic providing medical services or treatment
to students ofTCC or to the public, whether for a fee or not, so long as (x) such services or
treatments are in conjunction with the educational mission ofTCC and (y) such services or
treatments are not similar in nature to or in competition with those provided by Sentara
Healthcare (or its successors). The foregoing restriction shall be included in the Deed.
12.
Lel!:al and EQuitable Enforcement of Al!:reement.
a. In the event the consummation of the transactions contemplated herein fail
to occur by reason of any default by Seller, Buyer shall have the right (i) to receive the return of
its Deposit hereunder, or (ii) to seek specific performance of this Agreement.
b, In the event the consummation of the transaction contemplated herein fails
to occur by reason of any default of Buyer, except as specified in Paragraph 8, Seller shall have
as its sole remedy, the right to retain Buyer's Deposit as liquidated damages, it being
acknowledged and agreed that in such event it would be difficult to ascertain the exact amount of
Seller's damages,
13. Assil!:nment. Buyer's rights under this Agreement may not be assigned, except to
another governmental entity, Any assignment made herein by Buyer shall not be interpreted as
an agreement to extend the Due Diligence Period, Settlement Date or any of the provisions of
this Agreement. In the event of such assignment, Buyer shall not be relieved of any obligations
under this Agreement.
14. Survival. Unless the context otherwise requires, the provisions of this
Agreement, including any indemnification, covenants, agreements, representations or warranties,
shall survive Settlement hereunder and delivery of the Deed.
15, Successors and Assil!:ns. The terms and provisions of this Agreement are
binding upon and will inure to the benefit of the parties, their respective successors and assigns.
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16. Notices, All notices, requests or other communications under this Agreement
shall be in writing and shall be deemed duly given upon delivery to the following applicable
addresses either (i) in person or by reputable overnight or other private courier (with receipt
therefor); (ii) by certified or registered mail, return receipt requested; or (iii) by facsimile
transmittal, provided that the notice shall also be sent, either by certified mail, return receipt
requested, or by Federal Express or other reputable overnight courier service within one (1)
business day after such facsimile transmittal, as follows:
As to Buyer:
Copy to:
As to Seller:
Copy to:
City of Virginia Beach
Attn: Steven Thompson
2405 Courthouse Drive, Building 1
Virginia Beach, Virginia 23456
Fax #: 757-426-5665
Office of the City Attorney
Attn: Jennifer V. Huelsberg
2412 North Landing Road, Building 20
Virginia Beach, Virginia 23462
Fax #: 757-563-1167
MPB, Inc,
Attn: Donald V, Jellig
6015 Poplar Hall Drive, Suite 306
Norfolk, Virginia 23502
Fax #: 757-455-7756
Stephen R, Davis, Esq,
Willcox & Savage, P.c.
222 Central Park Avenue, Suite 1500
Virginia Beach, Virginia 23462
Fax #: 757-628-5659
Addresses may be changed by written notice given pursuant to this provision.
17. Governinl! LawN enue, This Agreement shall be deemed to be a Virginia
contract and shall be governed by the laws of the Commonwealth of Virginia, and the parties
hereto designate the Circuit Court ofthe City of Virginia Beach, Virginia as the proper venue for
all litigation of issues relating to this Agreement.
18. Entire Al!reement and Modification, There have been no other promises,
consideration or representations made which are not set forth in this Agreement. There may be
no modification ofthis Agreement, except in writing, executed by the authorized representatives
of Seller and Buyer.
agreement of sa!, vl.doc
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7
WITNESS the following signatures and seals:
SELLER:
MPB, INC"
A Virginia corporation
By:
Donald V. Jellig, President
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this - day of
,2004, by Donald V. Jellig, President ofMPB, 1nc" a Virginia corporation,
on its behalf, He is personally known to me,
Notary Public
My Commission expires
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BUYER:
CITY OF VIRGINIA BEACH
(SEAL)
By:
City Manager/Authorized
Designee of City Manager
ATTEST:
Ruth Hodges Smith
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this - day of
,2004, by , City
Manager/Authorized City Manager of the City of Virginia Beach, Virginia, on its behalf. He/she
is personally known to me,
Notary Public
My Commission expires
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this - day of
,2004, by Ruth Hodges Smith, City Clerk of the City of Virginia Beach,
Virginia, on its behalf. She is personally known to me,
Notary Public
My Commission expires
9
agreement of sale v2.doc
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Approved as to Content:
Real Estate Agent
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Approved as to Form:
City Attorney
Exhibit "A"
Property Description
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CITY OF VIRGINIA BEACH
AGENDA ITEM
-
ITEM: Ordinance to Authorize the Acquisition of Property Located at 537 S.
Rosemont Road
MEETING DATE:
May 11, 2004
. Background: The Department of Housing and Neighborhood Preservation
("DNHP") has provided federal funds to Habitat for Humanity for several years to
purchase lots on which to build houses that are targeted for low-income first-time
homebuyers, In 2002, Habitat used $35,000 in federal HOME funds to purchase the
lot located at 537 S, Rosemont Road, Habitat spent an additional $1,685 in
water/sewer tap fees, building permit fees, and real estate taxes, This was an
independent purchase decision bv Habitat, not arranqed bv Citv staff, Habitat
proceeded to have a site plan developed by a licensed engineer. Unfortunately, the
engineer did not find all relevant information about the site. When Habitat then
requested a building permit to start construction on the house, the Permits and
Inspections office would not issue the permit because the lot was not served by
public sewer. P&I also advised Habitat that the Rosemont Road Phase VI project
(requested, but not funded) would require the purchase of the lot in the future,
. Considerations: Unless Habitat builds housing on this lot or refunds the original
grant of Federal funds, it will be in default on the contract with the City that provided
the Federal funds to it. Purchasing the lot now, without a house on it, will a) allow
Habitat to refund the original grant; b) reduce the cost to the City of the property,
since there will not be a housing unit on it; c) avoid having to relocate the family that
the house would have been sold to; d) allow a new grant to be made to Habitat to
purchase other land more suitable for construction,
. Public Information: This issue has been covered in the local newspaper in the
past. In addition, the general issue of land for Habitat has been extensively
covered, No additional public information activity outside of the normal agenda
advertising is required.
. Alternatives: 1) Do not purchase the land. Habitat would have to pay a significant
amount of money to get the lot served by public sewer before it could construct a
home that could be sold to a low-income homeowner. 2) The property could be
purchased in the future when the Rosemont Road Phase VI project is funded.
. Recommendations: The lot should be purchased now for use in the future
roadway project. Funds are available in CIP # 2-285, Traffic Safety Improvements,
"""---,.,
Habitat should be required to refund the purchase price to the City,
. Attachments: Ordinance
Recommended Action: Approval of the ordinance
Submitting Department/Agency: Housing a .n..d ~rtpOd Preservation and
, . Public wor~i !À..../
City Manage~ "-~~ '.:'ltl
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ORDINANCE NO.
AN ORDINANCE TO AUTHORIZE THE
ACQUISITION OF PROPERTY LOCATED AT
537 S. ROSEMONT ROAD, VIRGINIA BEACH,
VIRGINIA FOR $36,685 FROM HABITAT FOR
HUMANITY
WHEREAS, the City of Virginia Beach Department of Housing and
Neighborhood Preservation ("Housing") has provided federal funds to South
Hampton Roads Habitat for Humanity, Inc. ("Habitat") for several years to purchase
lots on which to build houses that are targeted for low-income first-time homebuyers;
WHEREAS, in 2002 Habitat used $35,000 of these funds to purchase the lot
located at 537 Rosemont Road, Virginia Beach, Virginia (the "Property");
WHEREAS, Habitat spent an additional $1,685 in water/sewer tap fees,
building permit fees, and real estate taxes;
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WHEREAS, the City staff has recognized that the Property should be
purchased from Habitat, to be acquired in conjunction with the Rosemont Road re-
widening project;
WHEREAS, Habitat is willing to sell the Property and subsequently refund
$35,000 to the City as a refunding of a prior Federal grant;
WHEREAS, funds are available in the Traffic Safety Improvements, CIP # 2-
285 for this purpose;
WHEREAS, the City Council of the City of Virginia Beach, Virginia (the "City
Council") is of the opinion that the acquisition of the Property would enable Habitat to
acquire a more suitable lot within the City; and
WHEREAS, there are financial and other advantages to the City to purchase
the property located at 537 S, Rosemont Road,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
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1, That the City Council authorizes the acquisition of the Property
34
shown on Exhibit A attached hereto from South Hampton Roads Habitat for
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Humanity, Inc,
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2, That the City Manager or his designee is authorized to execute on
37
behalf of the City of Virginia Beach, an agreement of sale for the Property for the sum
38
of $36.685, the terms of which shall include a provision for the repayment by Habitat
39
to the City of $35,000 to reimburse the City for federal funds that the City previously
40
provided to Habitat to fund its acquisition of the Property,
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3, That the City Manager or his designee is further authorized to
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execute all documents that may be necessary or appropriate in connection with the
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purchase of the Property. so long as such documents are acceptable to the City
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Manager and the City Attorney,
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Adopted by the Council of the City of Virginia Beach, Virginia, on the
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- day of
,2004.
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CA9182
date: April 20, 2004
R-1
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~
53
54
55
56
57
58
59
60 APPROVED AS TO CONTENT:
61
62
63 ; /"
64
65
66
67
68
69
70
71
72
73
F, \D".\ATY\Fo.,,\Deed,\WORKmG\H.biw fo. Hu=nicy\CA9m.o.d.doo
4
537 South Rosemant Road - EXHIBIT A
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I Points of Interests
I . Shopping Center
I 1- Schools
I * Municipal Center
~ Parks & Recreation Centers
J! Libraries & Museums
I
Street
I
Abc Subdivision
'v'
Fire Stations
0
State Route
SCALE 1: 1,155
~
100
-
~
0
100
FEET
200
-I
300
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Tuesday, April 20, 2004 11 :20 A~
537 South Rosemant Road - EXHIBIT A
Points of Interests
111m Shopping Center
.. Schools
* Municipal Center
iii Parks & Recreation Centers
m
Libraries & Museums
Abc Subdivision
'Õ¡
Street
Fire Stations
0
State Route
-
SCALE 1 : 1,155
N
í"""
100
......,
0
http://gis-server/amap/cvb.mwf
100
FEET
I
300
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200
Tuesday, April 20, 2004 11 :20 AM
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ordinances to Designate Nonprofit Organizations as Exempt from Local Real
and Personal Property Taxation
MEETING DATE:
May 11, 2004
. Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that
property used by its owner for religious, charitable, patriotic, historical, benevolent,
cultural, or public park and playground purposes may be exempted from taxation by
classification or designation by an ordinance adopted by the local governing body, Prior
to January 1, 2003, such exemptions could only be granted by the General Assembly,
At § 58,1-3651 of the Virginia Code, the process is set forth for designating
specific organizations as being exempt from local taxation, and a list of factors for the
local governing body to consider is set forth, The City's application form asks for all the
information that the City Council must consider.
.
Considerations:
Three non-profit organizations have requested exemptions.
1. Hampton Roads Youth Hockey Association, Inc" was established to
provide an organized amateur hockey program in the Hampton Roads area, It owns an
ice-skating facility located at 4915 Broad Street with an assessed value of $999,212 in
FY 2003-004; the annual real estate taxes on this building are $12,190, The
Association also owns tangible personal property located in the City of Virginia Beach
with an assessed value of $199,500; the taxes are $2952,60 in tax year 2004, To
raise revenue, a for-profit subsidiary OT the Youth Hockey Association, Iceland of
Hampton Roads, Inc" operates the facility as ice skating rink that is open to the public
when youth hockey teams are not using the rink.
2. The Hampton Roads Junior Golf Foundation is organized to
create a facility and program to make golf more accessible to all persons,
particularly to children who would not otherwise have an opportunity to learn and
play the game. The Foundation owns tangible personal property located in the
City of Virginia Beach with an assessed value of $68,263,69; the taxes on this
property are $1,010.30 in tax year 2004, The Foundation owns no real property
and has limited its exemption request to its personal property, which consists of
office equipment (computers, printers, copier), signs and golf course equipment.
3. Paradocks, Inc" was chartered "to provide charitable services for the
disadvantaged and mobility-impaired population of Virginia Beach and Hampton Roads,
Paradocks currently owns no real or tangible personal property located in the City of
Virginia Beach, It seeks an exemption for a "new ADA compliant" vessel that will be
purchased "to provide recreational therapy for mobility-impaired individuals,"
. Public Information: Virginia Code § 58.1-3651 requires that a public hearing be
a conducted, The hearing must be publicized by an advertisement that includes the
assessed value of the real and tangible personal property for which an exemption is
requested, as well as the property taxes assessed on the property,
.
Attachments:
Ordinances
Recommended Action: N/A
Submitting Department/Agency: City Council
City Manager: ~\ k. . ~
H:\Policy and Adrninistration\GG\ Ordinances & ResolutionslHampton Roads Youth Hockey tax.arf.doc
AN ORDINANCE TO DESIGNATE HAMPTON
ROADS YOUTH HOCKEY ASSOCIATION,
INC., AS BEING EXEMPT FROM LOCAL
REAL AND PERSONAL PROPERTY TAXATION
WHEREAS, in accordance with § 58.1-3651 of the Code of
Virginia, the Council of the City of Virginia Beach has advertised
and
conducted a public hearing on the
issue
of
granting
an
exemption from local property taxes to Hampton Roads Youth Hockey
Association, Inc.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1.
That the Council of the City of Virginia Beach,
Virginia, hereby designates Hampton Roads Youth Hockey Association,
Inc., as a benevolent organization within the context of § 6(a) (6)
of Article X of the Constitution of Virginia.
2.
That personal property owned by Hampton Roads Youth
Hockey Association,
Inc. ,
located within the City of Virginia
Beach, and its real property located at 4915 Broad Street, that is
used for benevolent purposes on a nonprofit basis is hereby exempt
from local property taxation.
3.
That this exemption is contingent on the following:
(a)
that the exempt property of Hampton Roads Youth
Hockey Association, Inc., will continue to be used
exclusively for benevolent purposes;
(b)
that
each
July
1,
Hampton
Roads
Youth
Hockey
Association, Inc., shall file with the Commissioner
of the Revenue a copy of its most recent federal
income
tax
return,
or,
if
no
such
return
is
required,
it
shall
certify
its
continuing
tax
exempt status to the Commissioner of the Revenue;
and
(c)
that every three years, beginning on July 1, 2007,
Hampton
Roads
Youth
Hockey
Association,
Inc. ,
shall file with the
Commissioner of the Revenue an
application for continuation of the exemption.
4.
That the effective date of this exemption shall be
July 1, 2004.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the
day of
, 2004
CA-9190
H:\Po1icy Administration\GG\ordres\Harnpton Roads Youth Hockey.tax,ord
R-2
April 16 2004
APPROVED AS TO LEGAL
SUFFICIENCY:
2
AN ORDINANCE TO DESIGNATE THE
HAMPTON ROADS JUNIOR GOLF FOUNDATION
AS BEING EXEMPT FROM LOCAL PERSONAL
PROPERTY TAXATION
WHEREAS, in accordance with § 58.1-3651 of the Code of
Virginia, the Council of the City of Virginia Beach has advertised
and conducted
a public hearing on
the
issue
of
granting
an
exemption from local property taxes to The Hampton Roads Junior
Golf Foundation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1.
That the Council of the City of Virginia Beach,
Virginia,
hereby
designates
The
Hampton
Roads
Junior
Golf
Foundation as a benevolent organization within the context of §
6(a) (6) of Article X of the Constitution of Virginia.
2.
That personal property owned by The Hampton Roads
Junior Golf Foundation located within the City of Virginia Beach
that is used for benevolent purposes on a nonprofit basis is hereby
exempt from local property taxation.
3.
That this exemption is contingent on the following:
(a)
that the exempt personal property of The Hampton
Roads Junior Golf Foundation will continue to be
used exclusively for
benevolent purposes;
(b)
that each July 1,
The Hampton Roads Junior Golf
Foundation shall file with the Commissioner of the
Revenue a copy of its most recent federal income
'---'-"..
tax return, or, if no such return is required, it
shall certify its continuing tax exempt status to
the Commissioner of the Revenue; and
(c)
that every three years, beginning on July 1, 2007,
The Hampton Roads Junior Golf Foundation shall file
with the Commissioner of the Revenue an application
for continuation of the exemption.
4.
That the effective date of this exemption shall be
July 1, 2004.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the ----- day of
, 2004
CA-92l8
H:\PA\GG\ORDRES\Hampton Roads Jr. Golf Foundation,DOC
R-3
April 16, 2004
APPROVED AS TO LEGAL
SUFFICIENCY:
~
2
AN ORDINANCE TO DESIGNATE PARADOCKS,
INC., AS BEING EXEMPT FROM LOCAL
PERSONAL PROPERTY TAXATION
WHEREAS, in accordance with § 58.1-3651 of the Code of
Virginia, the Council of the City of Virginia Beach has advertised
and
conducted
a
public
hearing
on
the
issue
of
granting
an
exemption from local property taxes to Paradocks, Inc.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1.
That the Council of the City of Virginia Beach,
Virginia,
hereby
designates
Paradocks,
Inc. ,
as
a
benevolent
organization within the context of § 6(a) (6) of Article X of the
Constitution of Virginia.
2.
That personal property owned by Paradocks,
Inc. ,
located
within
the
City
of
Virginia
Beach
that
is
used
for
benevolent purposes on a nonprofit basis is hereby exempt from
local property taxation.
3.
That this exemption is contingent on the following:
(a)
that the exempt personal property of
Paradocks,
Inc. ,
will
continue
to be used exclusively
for
benevolent purposes;
(b)
that each July 1, Paradocks, Inc., shall file with
the Commissioner of the Revenue a copy of its most
recent federal income tax return, or,
if no such
return is required, it shall certify its continuing
tax
exempt
status
to
the
Commissioner
of
the
Revenue; and
(c)
that every three years, beginning on July 1, 2007,
Paradocks, Inc., shall file with the Commissioner
of the Revenue an application for continuation of
the exemption.
4.
That the effective date of this exemption shall be
July 1, 2004.
Adopted by the Councjl of the City of Virginia Beach,
Virginia, on the
day of
, 2004
CA-921fl
H:\PA\aG\ORDRES\Paradocks,DOC
R-3
April 16, 2004
APPROVED AS TO LEGAL
SUFFICIENCY:
2
\.
""
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"è~~J-.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO
PORTIONS OF THE RIGHTS-OF-WAY OF INTERNATIONAL PARKWAY AND
CENTRAL DRIVE, BY STIHL INCORPORATED, A DELAWARE
CORPORATION
MEETING DATE:
.
.
.
.
Background: Stihllncorporated has submitted an application for an
encroachment to construct and maintain a 2" conduit for computer-œbres to
provide a computer network between its existing building and its new building
under construction in Oceana West Industrial Park, Stihl wants to run the conduit
approximately 2,650 linear feet on the north side of International ~ay from its
building located at 601 Central Drive to its new building under construction at
2525 International Parkway, .
Considerations: City staff has reviewed this request and there are no
objections.
Public Information: Advertisement of City Council agenda
Alternatives: Approve the encroachment as presented, deny the encroachment
or add conditions as desired by Council.
.
Attachments:
Ordinance
Location Map
Agreement
Plat
Recommended Action: Approval of the Ordinance
Submitting Department/Agency: Public Work~
City Manager~~ ~ .~~
H :IF arms IEnCro.chm.rUounci I Action ISlihnAG E N DA.F ORM ,d oc
1
2
3
4
5
6
7
8
9
10
11
12
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT INTO
PORTIONS OF THE RIGHTS-OF-WAY OF
INTERNATIONAL PARKWAY AND CENTRAL
DRIVE, BY STIHL INCORPORATED, A
DELAWARE CORPORATION, ITS RELATED
COMPANIES, ASSIGNS AND SUCCESSORS
IN TITLE
WHEREAS, Stihl Incorporated, a Delaware corporation, ("Stihl") desires to
13
construct and maintain a 2" conduit for computer cables in City's right-of-way known as
14
International Parkway for approximately 2,650 linear feet from its existing building
located at 601 Central Drive to its new building being constructed at 2525 International
15
16
Parkway,
17
WHEREAS, Stihl's new building site is presently owned by a holding company,
18
S,I. 103 LLC, a Virginia limited liability company, ("S,I. 103") which joins in the
19
encroachment request.
The new building and site are in the process of being
20
transferred to Stihl.
21
WHEREAS, City Council is authorized pursuant to §§ 15,2-2009 and 15.2-2107,
22
Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
23
City's rights-of-way subject to such terms and conditions as Council may prescribe,
24
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
25
26
That pursuant to the authority and to the extent thereof contained in §§ 15,2-2009 and
27
15.2-2107, Code of Virginia, 1950, as amended, Stihl and S, L 103 LLC, their assigns and
28
successors in title are authorized to construct and maintain a temporary encroaclnnent for a 2"
29
conduit for computer cables in the City's right-of-way as shown on
30
31
32
33
34
the map entitled: "LOCATION MAP SHOWING PROPOSED ENCROACHMENT INTO
THE CITY OF VIRGINIA BEACH RIGHTS-OF- WAY OF INTERNATIONAL PAR'r<mAY
AND CENTRAL DRIVE FOR STIHL INCORPORATED AND S,I. 103 LLC: a copy of
which is designated as Exhibit "A" and is on file in the Department of Public Works and
to which reference is made for a more particular description; and
35
BE IT FURTHER ORDAINED, that the temporary encroachment is expressly
36
subject to those terms, conditions and criteria contained in the Agreement between the
37
City of Virginia Beach and Stihllncorporated, a Virginia corporation and S,I. 103, LLC, a
38
Virginia limited liability company (the "Agreement"), which is attached hereto and
39
incorporated by reference; and
40
BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
41
is hereby authorized to execute the Agreement; and
42
BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
43
time as Stihl Incorporated and S,I. 103, LLC and the City Manager or his authorized
44
designee execute the Agreement.
45
Adopted by the Council of the City of Virginia Beach, Virginia, on the
46
- day of
,2004,
47
48
49
50
51
52
53
54
55
56
57
58
59
APPROVED AS TO LEGAL
SUFFICIENCY AND FO~
CG/~<v-/? :Þ
CITY ATTORNEY
PREPARED: 4/26/04
H:\FormslEncroachment\Council ActionlStihllENC.doc
c.AQ I gq
1496-B
B-
1496-85-0581
ž
¡:;\
:;t
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:::!
ENCROACHMENT -
APPROX. LOCATION
OF 2" HDPE CONDUIT
W/FIBER OPTIC &
TWISTED PAIR COPPER
CABLE
(2650 LF.:!:)
:z
\ t1ffl
--- u-
r:T
a
LOCATION MAP SHOWING
PROPOSED ENCROACHMENT
INTO THE CITY OF VIRGINIA BEACH
RIGHTS - OF - WAY OF
INTERNATIONAL PARKWAY AND
CENTRAL DRIVE FOR
STIHL INCORPORATED AND 5.1. 103 LLc.
SCALE: 1" = 400'
PREPARED BY P!W ENG. CADD DEPT.
APRil 2004
\1
i
II PREPARED BY VIRGINIA BEACH
CITY ATIORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 5KI-SlI(aX3)
I AND 5S.I-SlI(cX4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
'...
THIS AGREEMENT, made this 22nd day of April, 2004, by and between the
CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City"; and
STlliL INCORPORATED, a Delaware corporation, and S.L 103 LLC, a Virginia limited
liability company, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even
though more than one.
WIT NES SETH:
That, WHEREAS, Stihl Incorporated, is the owner of that improved parcel
of land known as 601 Central Drive (GPIN 1496-75-2905) located in the Oceana West Industrial
Park (the "Existing Stihl Site") Area No. (2). The Existing Stihl Site is designated and described
as "Parcel 80" as shown on that certain plat entitled "SUBDIVISION PLAT OF PARCELS 80,
82 AND RIGHT-OF-WAY DEDICATION BEING A SUBDIVISION OF A RESIDUAL
PARCEL CONTAINING 37.986
AC.
OF PROPERTY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY OCEANA WEST INDUSTRIAL PARK D.B, 2216, PG,
2005-2007 AND D.B. 2610 PG 1998-1999 VIRGINIA BEACH DEVELOPMENT
I
AUTHORITY PRINCESS ANNE BOROUGH VIRlGNIA BEACH, VIRGINIA", dated
,
September 26, 1988 and revised through December 6, 1988, Scale 1"=100';
That WHEREAS, S. L 103, LLC, is the owner of that parcel ofland known
as 2525 International Parkway (GPIN 1496-73-5380) located in Oceana West Corporate Park,
Areas No.2 & 3, which site will house an expansion building for Stihl (the "Expansion Site"),
The Expansion Site is designated and described as "Parcel 103" as shown on that certain plat
entitled "PARCEL 1 03 AND PARCEL CN-2 BEING A RESUBDIVISION OF PARCEL CN
GPINS 1496-75-2905 and 1496-73-5380
,
,
,
Î
I
I
I
¡(MAP BOOK 285 AT PAGES 61-62) AND PARCEL 102-A (MAP BOOK 285 AT PAGES 61
I
~ 62) AND PARCEL 102-A (MAP BOOK 285 AT PAGES 61-62) FOR THE CITY OF
/vIRGINIA BEACH DEVELOPMENT AUTHROITY OCEANA WEST CORPORATE PARK
~IRGINIA BEACH, VIRGINIA", dated Apri123, 2003, Scale: 1 "=100';
l WHEREAS, it is proposed by the Grantee to construct and maintain a 2"
uried high density polyethylene ("HDPE") conduit for computer cables to house fiber optic and
twisted-pair copper cable, "Temporary Encroachment" to provide a computer network
I
Iconnection between the Existing Stihl Site and the Expansion Site,
WHEREAS,
in
constructing
and
maintaining
the
Temporary
Encroachment, it is necessary that the Grantee encroach into portions of City rights of way
known as International Parkway and Central Drive, approximately 2,650 linear feet from 601
Central Drive to 2525 International Parkway "The Encroachment Area"; and
I
I
IEncroachment within The Encroachment Area,
i
I
Ibenefits accruing or to accrue to the Grantee and for the further consideration of One Dollar
I
j($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to
I
¡the Grantee permission to use The Encroachment Area for the purpose of constructing and
I
¡maintaining the Temporary Encroachment.
i
i
WHEREAS, the Grantee has requested that the City permit a Temporary
NOW, THEREFORE, for and in consideration of the premises and of the
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
I
,
'approval and is more particularly described as follows, to wit:
2
,
ì
í
I
I
I
II
II
I
I ordering the Grantee to remove, all or any part of the Temporary Encroachment from The
I Encroachment Area in the event of an emergency or public necessity.
A Temporary Encroachment into The Encroachment Area as
shown on that certain plat entitled: "LOCATION MAP
SHOWING PROPOSED ENCROACHMENT INTO CITY OF
VIRGINIA BEACH RIGHTS-OF-WAY OF INTERNATIONAL
PARKWAY AND CENTRAL DRIVE FOR STIHL
INCORPORATED AND S.L 103 LLC", a copy of which is
attached hereto as Exhibit" A" and to which reference is made for a
more particular description.
Providing however, nothing herein shall prohibit the City from immediately removing, or
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
I 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
I hold harmless the City, its agents and employees, from and against all claims, damages, losses
I land expenses including reasonable attorney's fees in case it shall be necessary to file or defend an
II." f 1. . fhT h
¡action an sing out 0 the ocatIon or existence 0 t e emporary Encroac ment.
II It is further expressly understood and agreed that nothing herein contained shall be I
¡construed to enlarge the permission and authority to pennit the maintenance or construction of
¡any encroachment other than that specified herein and to the limited extent specified herein, nor
i
Ito pennit 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
3
Temporary Encroachment so as not to become unsightly or a hazard.
II It is further expressly understood and agreed that the Grantee must submit and have'
II approved a traffic control plan before commencing work in The Encroachment Area.
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, Department of Public Works,
for final approval.
It is further expressly understood and agreed that the Grantee must obtain a permit
ITam the Office of Development Services Center/Planning Department prior to commencing any
construction within The Encroachment Area,
It is further expressly understood and agreed that prior to issuance of a right-of-way
permit, the Grantee must post a bond or other security to be held no less then 24 for months, in
accordance with their engineer's cost estimate, to the Office of Development Services
Center/Planning Department.
I It is further expressly understood and agreed that the Grantee will replace the
¡sidewalk and/or bike path that is damaged during the construction of the Temporary
IEncroachment to the satisfaction of the City of Virginia Beach.
I It is further expressly understood and agreed that the Grantee must obtain and keep I
in force all-risk property insurance and general liability or such insurance as is deemed necessary I
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
I
¡policies. The Grantee will provide endorsements providing at least thirty (30) days written
4
!1
!\ .
II I
II
II notice to the City prior to the cancellation or termination of, or material change to, any of the I
I. i.~,re p.li"~ Tire G<M'" M,"m~ oil ",,'Mibili"~ "ill li"'ili"~, "~"d OC 00,6""" I
II with relation to the Temporary Encroachment. II
I'
II It is further expressly understood and agreed that the Grantee must submit for
I review and approval, a survey of The Encroachment Area, certified by a registered professional
!
engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment
sealed by a registered professional engineer, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
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
,I
Iithis Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per
i day for each and every day that the Temporary Encroachment is allowed to continue thereafter, I
II '
I and may collect such compensation and penalties in any manner provided by law for the I
, !
I collection of local or state taxes.
I IN WITNESS WHEREOF, the said Stihl Incorporated, a Delaware corporation, has
I
I caused this Agreement to be executed in its corporate name and on its behalf by its president.
I
I
I
¡:
'I
5
IN WITNESS WHEREOF, the said S,L LLC, a Virginia limited liability company
has caused this agreement to be executed on its behalf by Fred 1. Whyte, President of Stihl
Incorporated, a Delaware corporation, which is the Sole Managing Member of S.L 103 LL.C"
a Virginia limited liability company, with due authority to bind said limited liability company.
Further, that the City of Virginia has caused this agreement to be executed in its name and on
its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By:
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
STIHL INCORPORATED,
:: .w~ ~.n~. ~ ,~
Fred 1. Whyte, President (
S.I. 103, LLC
a Virginia limited liability company
BY: STIHL INCORPORATED,
a Delaware corporation
Fred J. Whyte, President
6
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this - day of
, 2004, by
, CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit
The foregoing instrument was acknowledged before me this - day of
, 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires:
STATE OF ¿¿'~4'~~
II CITY/C#TY H"F Va. &a cÁ- , to-wit:
The foregoing instrument was acknowledged before me this 2L day of
I
I
Ii ¡OÆi 'L , 2004, by Fred 1. Whyte, President, on behalf of STlliL INCORPORATED, a I
Delaware corporation.
~okl~ é. :J}O~
Notary Public
My Commission Expires:
1/31/&5
7
~ . Æ/å.-
STATE OF Æ~~ '. ßLac!v
CITY/C~TY Ö't II: 1! þrua. , to-wit:
The foregoing instrument was acknowledged before me this ~ day of
P f7 A:.- .t
, 2004, by Fred J. Whyte, President of STIHL INCORPORATED, a
Delaware corporation, which is the Sole Managing Member of S.L 103, LLC, a Virginia
limited liability company.
.2)o/ú~ é:. :3c;.e64t
Notary Public
My Commission Expires:
1/3/ /.zOOS
APPROVED AS TO CONTENTS
~mr~ c. æiJ5/},-
NATURE
Pw Rtaf é~
DEPARTMENT
APPROVED AS TO LEGAL
SUFFIECIENCY AND FORM
{~W ~~
H :\FormslEncroacbmentlCouncil ActionlStibilENCROA CHMENT .AGREEMENT.doc
8
mID.;
1. PROPOSED ENCROACHMENT FOR HOPE CONDUIT WITH F.O AND COPPER TWISTED PAIR CABLE.
CABLE IS NOT FOR COMMERCIAL USE, AND NOT A UTILITY OFFERED TO THE PUBLIC.
2. HOPE CABLE INSTALLED BY HORIZONTAL DIRECTIONAL DRILLING AT NOMINAL DEPTH OF 6.0"
EXCEPT AS NOTED
GRAPHIC SCALE
0 30 60
~---"'" I
1 inch = 30 It (IN FEET)
LANDMARK
DESIGN GROUP
THIS SKETCH MODIFIES WORK
SHOWN ()N SHEET
EngIOeers . I'IarWis . SUrveyors
I.and5Cape Atd1IteCIS . EmifronmenI3I $dentists
Sketch No.:
5544 Greenwich Road Project Name:
Suite 200
Virgihio Beach, VA 23462
Tel. (757) 473-2000
Fox (757) 497-7933
Emoil: Imdg@londmorkdg.com
Project No.:
Drafted by.
Checked by:
Date:
SKC-1
FIBER-OPTIC
CABLE LAYOUT
STIHL, INC.
2004049- 001. 99
MDK
KJY
04/08/04
GRAPHIC SCALE
0 30 60
~....--"'" I
1 inch = 30 ft. (IN FEET)
Tl-I/S SKETCH MOD/RES WORK
SHOWN ON SHEET
,I '~íK~;)^¥H""
Rf-MOV(.
GUARDRAIL
(250 Lf.) ""
,-.
~
1. PROPOSED ENCROACHMENT FOR HDPE CONDUIT WITH F.O AND COPPER TWISTED PAIR CABLE.
CABLE IS NOT FOR COMMERCIAL USE. AND NOT A UTILITY OFFERED TO THE PUBLIC.
2. HDPE CABLE INSTALLED BY HORIZONTAL DIRECTIONAL DRILLING AT NOMINAL DEPTH OF 6.0"
EXCEPT AS NOTED
LANDMARK
DESIGN GROUP
fngIneers .PIii/1I1eiS-. SuMyaIs
lædscape An:I1Iœas . E'nvIronmentaI ScIentIsts
Sketch No.:
5544 Greenwich Road Project Name:
Suite 200
Virginia Beach. VA 23462
Tel. (757) 473-2000
Fax (757) 497-7933
Email: Imdg@andmarkdg.com
Project No.:
Drafted by.
Checked by.
Date:
SKC-2
FIBER-OPTIC
CABLE LAYOUT
STIHL. INC.
2004049-001.99
MDK
KJY
04/08/04
JiQ.ill;
1. PROPOSED ENCROACHMENT FOR HOPE CONDUIT WITH F.O AND COPPER TWISTED PAIR CABLE.
CABLE IS NOT FOR COMMERCIAL USE, AND NOT A UTILITY OFFERED TO THE PUBLIC.
2. HOPE CABLE INSTALLED BY HORIZONTAL DIRECTIONAL DRILLING AT NOMINAL DEPTH OF 6.0"
EXCEPT AS NOTED
'j' ""'<íJ~~f<:J)~)¿'l;",
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GRAPHIC SCALE
L- - ...;P 610
- -
I inch = 30 fl, (IN FEET )
LANDMARK
DESIGN GROUP
THIS SKETCH MODIFIES WORK
SHOWN ON SHEET
Engineers . Planners ; SUrveyors
~ Mt1ItecIs . EnvIronmentaI'ScIentIsts
Sketch No.:
5544 Greenwich Rood Pro ject Name:
Suile 200
Virginia Beach, VA 23462
Tel. (757) 473-2000
Fax (757) 497-7933
Email: Imdg@andmarkdg,com
Project No,:
Drofted by.
Checked by.
Date:
SKC-3
FIBER-OPTIC
CABLE LAYOUT
STIHL, INC,
2004049- 001. 99
MDK
KJY
04/08/04
~
1. PROPOSED ENCROACHMENT FOR HDPE CONDUIT WITH F.O AND COPPER TWISTED PAIR CABLE.
CABLE IS NOT FOR COMMERCIAL USE, AND NOT A UTILITY OFFERED TO THE PUBLIC.
2. HDPE CABLE INSTALLED BY HORIZONTAL DIRECTIONAL DRILLING AT NOMINAL DEPTH OF 6.0"
EXCEPT AS NOTED
GRAPHIC SCALE
0 30 60
~---....¡ I
LANDMARK
1 Inch ~ 30 It. (IN FEET)
DESIGN GROUP
THIS SKETCH MODIFIES WORK
SHOWN ON SHEET
EngIneers, PIanneIs . Sun/eyoIs
I.Mtdsc.ape ArchJtects . EnvIronmental Sdentfsts
Sketch No.:
5544 Greenwich Rood Project Name:
Suite 200
Virginia Beach. VA 23462
Tel. (757) 473-2000
Fax (757) 497-7933
Email: Imdg@andmarkdg.com
Project No.:
Drafted by.
Checked by.
Dote:
SKC-4
FIBER-OPTIC
CABLE LAYOUT
STIHL, INC.
2004049-001.99
MDK
KJY
04/08/04
W,N! i',{VE¡t/itlf~' " ¡
iff¡ f1r'F'I;~q~~;~\ tidAl
~),2{) T f- " I,
.t!QIES;
1. PROPOSED ENCROACHMENT FOR HDPE CONDUIT WITH F.O AND COPPER TWISTED PAIR CABLE.
CABLE IS NOT FOR COMMERCIAL USE. AND NOT A UTILITY OFFERED TO THE PUBLIC.
2. HDPE CABLE INSTALLED BY HORIZONTAL DIRECTIONAL DRILLING AT NOMINAL DEPTH OF 6.0"
EXCEPT AS NOTED
GRAPHIC SCALE
0 30 60
~---"'" I
LANDMARK
I inch = 30 fl, (IN FEET)
DESIGN GROUP
THIS SKETCH MODIFIES WORK
SHOWN ON SHEET
&1g1neers . Planners ' Surveyors
Landscape Nch/t«Is ' EnvftonmentaI ScIentIsts
Sketch No.:
5544 Greenwich Rood Project Nome:
Suite 200
Virginia Beach, VA 23462
Tel. (757) 473-2000
Fox (757) 497-7933
Emoil: Imdg@ondmorkdg.com
Project No.:
Drafted by.
Checked by.
Date:
SKC-5
FIBER-OPTIC
CABLE LAYOUT
STIHL, INC.
2004049-001.99
MDK
KJY
04/08/04
}/-..-
;;C8~srORM
42" STORM
48" STORM
BOTTOM (ALL)
8.7' DEEP
YDI BOTTOM
.MQIES.;
1. PROPOSED ENCROACHMENT FOR HDPE CONDUIT WITH F.O AND COPPER TWISTED PAIR CABLE.
CABLE is NOT FOR COMMERCIAL USE, AND NOT A UTILITY OFFERED TO THE PUBLIC.
2. HDPE CABLE INSTALLED BY HORiZONTAL DIRECTIONAL DRILLING AT NOMINAL DEPTH OF 6.0"
EXCEPT AS NOTED
GRAPHIC SCALE
0 30 60
~--_....01 I
1 inch = 30 It. (IN FEET)
LANDMARK
DESIGN GROUP
THIS SKETCH MODIFIES WORK
SHOWN ON SHEET
EngIneers . Planners . SuM.ym
L.1ndscape Nd1ItecU . fmIfronmen1a ScIentIsts
Sketch No.:
5544 Greenwich Road Project Nome:
Suite 200
Virginia Beach, VA 23462
Tel. (757) 473-2000
Fax (757) 497- 7933
Email: Imdg@andmarkdg.com
Project No.:
Drofted by.
Checked by.
Dote:
SKC-6
FIBER-OPTIC
CABLE LAYOUT
STIHL. INC.
2004049-001.99
MDK
KJY
04/08/04
YOl
R?M ¡OfJ.')
~
GRAPHIC SCALE
0 30 60
~-....,¡ I
1 inch = 30 ft. (IN FEET)
THIS SKETCH MODIFIES WORK
SHOWN 'ON SHEET
~
1. PROPOSED ENCROACHMENT FOR HDPE CONDUIT WITH F.O AND COPPER TWISTED PAIR CABLE.
CABLE IS NOT FOR COMMERCIAL USE. AND NOT A UTILITY OFFERED TO THE PUBLIC.
2. HDPE CABLE INSTALLED BY HORIZONTAL DIRECTIONAL DRILLING AT NOMINAL DEPTH OF 6,0"
EXCEPT AS NOTED
LANDMARK
DESIGN GROUP
frIgJnem . 1'Ianr1tiS. SIJMjIiiS
Undscape ArchItecIS . EnvfronmenIa ScIentIsts
Sketch No.:
5544 Greenwich Rood Pro ject Nome:
Suite 200
Virginia Beach, VA 23462
Tel. (757) 473-2000
Fox (757) 497-7933
Email: Imdg@londmorkdg.com
Project No.:
Drofted by.
Checked by.
Dote:
SKC- 7
FIBER-OPTIC
CABLE LAYOUT
STIHL. INC.
2004049-001.99
MDK
KJY
04/08/04
)\',
,'"'¡'!,-
,.,I~-~- \~-;;'E, ,
, ;';7.> ë-. ~--'.'
;.//;," " ' '" , '
i ~
/, 1. PROPOSED ENCROACHMENT FOR HDPE CONDUIT WITH F.O AND COPPER TWISTED PAIR CABLE.
r1, CABLE IS NOT FOR COMMERCIAL USE, AND NOT A UTILITY OFFERED TO THE PUBLIC.
'~.Ii 2. HDPE CABLE INSTALLED BY HORIZONTAL DIRECTIONAL DRILLING AT NOMINAL DEPTH OF 6,0"
I EXCEPT AS NOTED
!
s
GRAPHIC SCALE
0 ~ w
1...----"" I
1 inch = 30 ft, (IN FEET)
THIS SKETCH MODIFIES WORK
SHOWN ON SHEET
LANDMARK
Sketch No.:
5544 Greenwich Road Pro ject Name:
Suite 200
Virginio Beoch, VA 23462
Tel. (757) 473-2000
Fax (757) 497-7933
Emoil: Imdg@ondmorkdg,com
DESIGN GROUP
Project No.:
Drafted by.
Checked by.
Date:
Engineers . PIannets . Survtyors
I.1r)dscape M:hIœcIs . EnvIronmental ScIentIsts
--~
SKC-8
FIBER-OPTIC
CABLE LAYOUT
STIHL, INC.
2004049-001.99
MDK
KJY
04/08/04
,G
'Ie
. :\
y"'--
-.--
GRAPHIC SCALE
0 30 60
1.....-....-...."'" I
I inch ~ 30 It. (IN FEET)
THIS SKETCH MODIFIES WORK
SHOWN ON SHEET
ß h
I NT~R~~!IONALP AR~W~ Y .
'c.-\!-"
---
.!::illIES;
1. PROPOSED ENCROACHMENT FOR HDPE CONDUIT WITH F.O AND COPPER TWISTED PAIR CABLE.
CABLE IS NOT FOR COMMERCIAL USE, AND NOT A UTILITY OFFERED TO THE PUBLIC.
2. HDPE CABLE INSTALLED BY HORIZONTAL DIRECTIONAL DRILLING AT NOMINAL DEPTH OF 6.0"
EXCEPT AS NOTED
LANDMARK
Sketch No.:
Project Nome:
SKC-9
FIBER-OPTIC
CABLE LAYOUT
STIHL, INC.
2004049- 001. 99
MDK
KJY
04/08/04
5544 Greenwich Road
Suite 200
Virginia Beach. VA 23462
Tel. (757) 473-2000
Fax (757) 497- 7933
Email: Imdg@landmarkdg.com
Project No.:
Drafted by.
Checked by.
Dote:
DESIGN GROUP
EngIneerS '. Planners . ~
landscape Ard1IœcIs . fnvIronmenIaI ScIentIsts
-1V4i:W "J1If"\ mIES;
Z W. ;¿¡ ,1. PROPOSED ENCROACHMENT FOR HDPE CONDUIT WITH F.O AND COPPER TWISTED PAIR CABLE.
Ie CABLE IS NOT FOR COMMERCIAL USE. AND NOT A UTILITY OFFERED TO THE PUBLIC.
~g~O~N~~, 2. HDPE CABLE INSTALLED BY HORIZONTAL DIRECTIONAL DRILLING AT NOMINAL DEPTH OF 6.0"
"r' "~'~ EXCEPT AS NOTED
DEEP \ .~
GRAPHIC SCALE
0 30 60
L...-....- -....,¡ I
1 inch = 30 ft. (IN FEET)
LANDMARK
DESIGN GROUP
THIS SKETCH MODIFIES WORK
SHOWN ON SHEET
Engineers. Planners . Su/ve)'ors
landscape Architects . EnvIronmenIal ScIentIsts
Sketch No.:
5544 Greenwich Rood Project Name:
Suite 200
Virginio Beoch, VA 23462
Tei. (757) 473-2000
Fox (757) 497-7933
Emoil: imd9@ondmorkdg.com
Project No,:
Drafted by.
Checked by.
Date:
SKC-1Q
FIBER-OPTIC
CABLE LAYOUT
STIHL, INC.
2004049-001.99
MDK
KJY
04/08/04
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Encroachment Request for David I. Ansell and Amanda Ansell- 814 Close Avenue
Concrete Pavers, Walkway and Steps in Existing 20' Utility & Drainage Easement
MEETING DATE:
May 11, 2004
.
.
.
.
.
.
Background: Mr. and Mrs. Ansell have submitted to the City a single family site
plan for a new two story frame dwelling on pilings. The new two story structure will
replace a fonner structure built on the subject property, 814 Close Avenue, in 1950.
The plan also indicates that the existing driveway, utilized with the fonner structure,
will be enlarged with concrete pavers and a walkway and steps will also be installed.
Considerations: In order to install the concrete pavers, walkway and steps as
proposed, the applicants will need to encroach into a portion of the existing 20' City
utility and drainage easement located along their westernmost property line. This
matter has been reviewed by all of the appropriate City agencies.
Public Information: Advertisement of Council Agenda for encroachment approval.
Alternatives: Approve, approve with additional conditions, or deny the
Encroachment.
Recommendations: City staff recommends approval of the encroachment.
Attachments:
Location Map
Ordinance
Exhibit Plat
Agreement
Recommended Action: Approve the Encroachment
Submitting DepartmentlA9j1.CY: Public Works/Real Estate 'i:Pf.-
City .'M""" (t"' r.- . ðt3 ð>'{
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT INTO A
PORTION OF THE CITY'S 20' UTILITY
AND DRAINAGE EASEMENT LOCATED
WITHIN THAT PROPERTY KNOWN AS
814 CLOSE AVENUE BY DAVID IRVIN
ANSELL AND AMANDA ANSELL, THEIR
HEIRS, ASSIGNS AND SUCCESSORS IN
TITLE
WHEREAS, DAVID IRVIN ANSELL and AMANDA ANSELL, desire to
construct and maintain concrete pavers, a walkway and steps into the City's 20' utility and drainage
easement, which crosses the westernmost portion of their property located at 814 Close Avenue,
Virginia Beach, Virginia 23451-4758 (GPIN 2417-90-7822).
WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and ]5.2-2107,
Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's
easements 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
] 5.2-21 07, Code ofVirginia, ] 950, as amended, DAVID IRVIN ANSELL and AMANDA ANSELL,
their heirs, assigns and successors in title are authorized to construct and maintain a temporary
encroachment for concrete pavers, a walkway and steps into the City's 20' utility and dTainage
easement as shown on the plat entitled: "EXHIBIT SHOWING PROPOSED ENCROACHMENT
FOR SITE PLAN OF LOT C2 RESUBDIVISION OF PROPERTY, LOTS C &
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
D, PLAT OF RESUBDMSION OF LOTS 8 THRU 15, INCL., BLOCK 53 MAP OF SHADOW
LAWN HEIGHTS", a copy of which is on file in the Department of Public Works and to which
reference is made for a more particular description; and
BE IT FURTHER ORDAINED, that the temporary encroachment is expressly
subject to those terms, conditions and criteria contained in the Agreement between the City of
Virginia Beach andDA VID IRVIN ANSELL and AMANDA ANSELL (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 DAVID IRVIN ANSELL and AMANDA ANSELL and the City Manager or his
authorized designee execute the Agreement.
Adopted by the Council of the City of Virginia Beach, Virginia, on the - day
of
,2004.
CA-9181
PREPARED: 03117/04
APPROVED AS TO CONTENTS
~&ð" C. ~-r~
ßIGNATURE
p[ij I\td [M-
DEPARTMENT
APPROVED AS TO LEGAL
~C~RM
CITY ATTORNEY
2
PREPAREDBYVffiG&nABEACH
CITY ATIORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-81 1 (a)(3)
AND 58.1-81 1 (c)(4) REIMBURSEMENT
AUTIIORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this 31" day of March, 2004, by and between the CITY
OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and DAVID IRVIN
ANSELL. a!kIa DAVID 1. ANSELL and AMANDA ANSELL husband and wife, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, "Grantees".
WITNESSETH:
That, WHEREAS, David Irvin Ansell is the owner of that certain lot, tract, or parcel
ofland designated and described as 814 Close Avenue, Virginia Beach, Virginia 23451-4758;
WHEREAS, it is proposed by the Grantees to construct and maintain concrete pavers
(approx. 35'long and 7.6' wide) for the expansion of the existing driveway, a walkway (approx. 9'
long and 7.6' wide) and 2 steps (approx. 16" high and 7.6' wide), "Temporary Encroachment", in
the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantees encroach into a portion of an existing 20' City utility and drainage
easement located along the Western property line of the subject property, "The Encroachment
Area"; and
WHEREAS, the Grantees have requested that the City pennit a Temporary
Encroachment within The Encroachment Area.
GPIN 2417-90-7822
II
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantees and for the further consideration of One Dollar ($1.00), in
band paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantees
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: "EXlßBlT
SHOWING PROPOSED ENCROACHMENT FOR
SITE PLAN OF LOT C2 RESUBDMSION OF
PROPERTY, LOTS C & D, PLAT OF
RESUBDIVISION OF LOTS 8 THRU 15, INCL.,
BLOCK 53 MAP OF SHADOW LAWN HEIGHTS",
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 Grantees, and that within thirty (30) days after
the notice is given, the Temporary Encroachment must be removed from The Encroachment Area I
by the Grantees; and that the Grantees will bear all costs and expenses of such removal.
Providing however, nothing herein shall prohibit the City from immediately removing,
or ordering the Grantee to remove, all or any part of the Temporary Encroachment from The
Encroachment Area in the event of an emergency or public necessity.
2
It is further expressly understood and agreed that the Grantees 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 Grantees.
It is further expressly understood and agreed that the Grantees agree to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantees must obtain a permit
from the Office of Development Services CenterlPlanning Department prior to commencing any
construction within The Encroachment Area.
It is further expressly understood and agreed that the Grantees 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 Grantees also agree 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
Grantees 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
Grantees assume all responsibilities and liabilities, vested or contingent, with relation to the
Temporary Encroachment.
3
It is further expressly understood and agreed that the Grantees must submit for review
and approval, a survey of The Encroachment Area, certified by a registered professional engineer
or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a
registered professional engineer, if required by either the City Engineer's Office or the Engineering
Division of the Public Utilities Department.
It is further expressly understood and agreed that the City, upon revocation of such
authority and pennission so granted, may remove any such temporary encroachment and charge the
cost thereof to the Grantees, and collect the cost in any manner provided by law for the collection
oflocal or state taxes; may require the Grantees to remove such temporary encroachment; and if
such removal shall not be made witlún the time ordered hereinabove by this Agreement, the City
shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day
that such temporary encroachment is allowed to continue thereafter, and shall collect such
I compensation and penalties in any manner provided by law for the collection oflocal or state taxes.
I IN WITNESS WHEREOF, DAVID 1. ANSELL and AMANDA ANSELL, the said
Grantees have 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 behalfby 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
4
(SEAL)
ATTEST:
Ruth Hodges Smith, MMC
City Clerk
~..!\~.,}\
I \ \1
v' .
SELL'
(SEAL)
{¿^t1-iÚA Ie. {~
AMANDA ANSELL
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this - day of
2004, by
, City Manager/Authorized Designee of the City Manager
of the City of Virginia Beach, Virginia, on its behalf He/She is either personally known to me or
has produced a
-as identification.
- 'Notàry~-
I
My commission expires:
5
II
I
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this - day of
2004, by Ruth Hodges Smith, MMC, City Clerk of the City of Virginia Beach, Virginia, on its
behalf He/She is either personally known to me or has produced a
, as identification.
I
Notary Public
My commission expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 3 1,45-
day of
111á¡-Gi~ , 2004, by DAVID I. ANSELL. He is either personally known to me
or has produced a ~ ¡,^ {íl (}¡ IJ8fS i i SW,u.. as identification.
My Commission Expires:
MyCøl:¡s¡cr.E:o.¡¡iresMarc!13:,2.Q,Oi\.
6
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this :31 ~-t
day of
fr1 ¿We' It , 2004, by AMANDA ANSELL. She is either personally known to me
or has produced a Vt\,..¡¡i~\t(¡ "hv-¡Vf..r 'so (I~U- as identification.
~ r);
~~
My Comnússion Expires:
My Commlss!an Expires March 3í . 20GB
APPROVED AS TO CONTENT
(\
, n '.,
,x/¡frt(/¡.-.' oÍ1f1)SA,
CiTY REAL EST ATE AGENT
I Rev. 03-24-04
7
LAKE RUDEE
40 0 40
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GRAPHIC SCALE
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JOR I: 0:122709
LOCATION MAP
SCALE: '"=2000'
EXHIBIT "A"
80
OWNER:
DAVID I. ANSELL
814 CLOSE AVENUE
VIRGINIA BEACH, VA
23451
PROPERlY ADDRESS:
814 CLOSE AVENUE
REFERENCES:
D.B. 3271,
PG. 983
DB. 3434,
PG. 2140
M.B. 93, PG. 21
EXHIBIT SHOWING PROPOSED ENCROACHMENT
FOR SITE PLAN OF LOT C2
RESUBDIVISION OF PROPERTY, LOTS C & D,
PLAT OF RESUBDIVISION OF
LOTS 8 THRU 15, INCL., BLOCK 53
MAP OF SHADOW LAWN HEIGHTS
DATE: JAN. 29, 2004 SCALE: "'=40'
PRECISION MEASUREMENTS, INC,
SURVEYORS. GPS . GIS. MAPPERS
851 SEAHAWK CIRCLE, SUITE 103
VIRGiNIA BEACH, VIRGINIA 23452
(757) 368-0945
MERiDIAN is BASED
ON:
M.B. 93, PG, 21
ACAD: ANSFI L-EXI-iIBIT.DWG
20' UTILITY
& DRAINAGE
EASEMENT
..--------...
LAKE
RUDEE
# 814
GPIN # 2417-90-7822
./"
LOCATION MAP
SHOWING
PROPOSED ENCROACHMENT INTO
AN EXISTING 20' CITY UTILITY AND
DRAINAGE EASEMENT
LOCATED AT 814 CLOSE AVENUE
FOR
DAVID I. ANSELL AND AMANDA ANSELL
SCALE: 1" = 200'
CLOSE.DGN M.J.5.
--
PREPARED BY PM' ENG. CADD DEPT. MARCH 2004
LAKE RUDEE
CLOSE A VENUE
(50' R/W)
40 0 40
r---- -
GRAPHIC SCALE
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. PAUL~('.', P' :
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\ No. 002546:
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JOB #: 0322709
80
REFERENCES:
D.B. 3271,
PG. 983
D.B. 3434,
PG. 2140
M.B. 93, PG. 21
MERIDIAN IS BASED
ON:
M.B. 93, PG. 21
ACAD: ANSELL-EXHIBIT.DWG
----------
LOCATION MAP
SCALE: 1"=2000'
OWNER:
DAVID I. ANSELL
814 CLOSE'AVENUE
VIRGINIA BEACH, VA
23451
PROPERTY ADDRESS:
814 CLOSE AVENUE
EXHIBIT SHOWING PROPOSED ENCROACHMENT
FOR SITE PLAN OF LOT C2
RESUBDIVISION OF PROPERiY. LOTS C & D,
PLAT OF RESUBDIVISION OF
LOTS 8 THRU 15, INCL.. BLOCK 53
MAP OF SHADOW LAWN HEIGHTS
DATE: JAN. 29, 2004 SCALE: 1"=40'
PRECISION MEASUREMENTS, INC.
.URVEYORS . GPS . GIS. MAPPERS
851 SEAHAWK CIRCLE, SUITE 103
VIRGINIA BEACH, VIRGINIA 23452
(757) 368-0945
~..
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Encroachment Request for Joseph M. Hanley, Jr. and Lori Anne Hanley at
541 Virginia Dare Drive
MEETING DATE:
May 11, 2004
.
Background: Mr. and Mrs. Joseph M. Hanley, Jr. have requested
permission to encroach into a portion of City property known as Lake Wesley
for the purpose of modifying and maintaining an existing fixed pier, floating
pier, boat lift and mooring piles behind their property at 541 Virginia Dare
Drive, in the Croatan Beach neighborhood.
.
Considerations: Staff has reviewed this request and has no objections to
this encroachment from an operational and maintenance standpoint. There
are similar type approved encroachments in the adjacent vicinity.
.
Public Information: Advertisement of City Council Agenda.
.
Alternatives: Approve the encroachment as requested, deny the
encroachment, or add conditions as desired by Council.
.
Recommendations: Staff recommends approval of this encroachment
subject to the applicant complying with conditions set forth in the agreement.
Authorize City Manager to sign agreement.
.
Attachments: Ordinance, Location map, Agreement, Plat
Recommended Action: Approve
Submitting Department/Agency: Public Works ~
~'Y ..n.,." ~ k . ~
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Requested by Department of Public Works
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AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT INTO A
PORTION OF THE CITY'S PROPERTY
KNOWN AS LAKE WESLEY BY JOSEPH M.
HANLEY, JR. AND LORI ANNE HANLEY,
THEIR HEIRS, ASSIGNS AND SUCCESSORS
IN TITLE
9
WHEREAS, JOSEPH M. HANLEY, JR. and LORI ANNE HANLEY, desire to
modify an existing boat lift and pier upon the City's property known as Lake Wesley.
WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachment upon
the City's property subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof contained in §§ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, JOSEPH M. HANLEY, JR. and
LORI ANNE HANLEY, their heirs, assigns and successors in title are authorized to modify
construct and maintain a temporary encroachment for an existing fixed pier, floating pier,
boat lift, and mooring piles upon the City's property known as Lake Wesley as shown on
that certain plat entitled: "PROPOSED ENCROACHMENT PRIVATE PIER, LIFTS AND
MOORING PILES FOR JOSEPH M. AND LORI N. HANLEY LOT 24, CROAT AN BEACH
BEACH DISTRICT VIRGINIA BEACH, VA(M.B. 37, PG.11) DATE: FEBRUARY 27, 2003
REVISED: JUNE 20,2003 REVISED: MARCH 10,2004", a copy of which ¡son file in the
Department of Public Works and to which reference is made for a more particular
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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 JOSEPH M. HANLEY, JR. AND LORI ANNE HANLEY (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; and
BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
such time as JOSEPH M. HANLEY, JR. AND LORI ANNE HANLEY and the City Manager
or his authorized designee execute the Agreement.
Adopted by the Council of the City of Virginia Beach, Virginia, on the -
day of
,2004.
~.Mro~.
. .. C . W-t,ùslv\
D..SIGNATURE
1\ (Pi {JJkt¡
DEPARTMENT
TO LEGAL
FORK
CA-<\'&~
PREPARED: April 14, 2004
R :\FormslEncroachmentICouncil Action IHanley'hanley.ord. wpd
-
~
~
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--------------- ñ
---- 0
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VA DARE.DGN M.J.5.
PREPARED BY VIRGINIA BEACH
CITY A TIORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-811(0)(3)
AND 58.1-811(c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this 8th day of April, 2004, by and between the CITY
OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and, JOSEPH M.
HANLEY, JR. and LORI ANNE HANLEY, THEIR HEIRS, ASSIGNS AND SUCCESSORS
'[!IN TITLE, "Grantee", even though more than one.
W1TNES SE TH:
[
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or
parcel of land designated and described as Lot 24 as shown on that certain plat entitled:
"RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO., VA.", dated
June, 1954, Scale: 1"=100', which plat is duly recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia in Map Book 37, Page 11, and being further designated
I
land described as 541 Virginia Dare Drive, Virginia Beach, Virginia 23451;
I
I
I
WHEREAS, it is proposed by the Grantee to modify an existing fixed pier,
floating pier, boat lift and mooring piles "Temporary Encroachment", in the City of Virginia
Beach;
I
i
lit is necessary that the Grantee encroach into a portion of an existing City property known as
I
I Lake Wesley, "The Encroachment Area"; and
¡
!
! Encroachment within The Encroachment Area.
WHEREAS, in modifying and maintaining the Temporary Encroachment,
WHEREAS, the Grantee has requested that the City permit a Temporary
:GPIN 2426-39-0904
NOW, THEREFORE, for and in consideration of the premises and of the
I~enefits 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
Ito the Grantee permission to use The Encroaclnnent Area for the purpose of constructing and
aintaining the Temporary Encroaclnnent.
It is expressly understood and agreed that the Temporary Encroaclnnent
ill 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 Encroaclnnent into The Encroaclnnent Area as
shown on that certain plat entitled: "PROPOSED
ENCROACHMENT PRlV ATE PIER, LIFTS AND MOORING
PILES FOR JOSEPH M. AND LORI N. HANLEY LOT 24,
CROAT AN BEACH BEACH DISTRCT VIRGINIA BEACH, VA
(M.B. 37 PG. 11)," dated February 27, 2003 and revised through
March 10, 2004, Scale 1" = 40', prepared by WaterfÌ"ont
Consulting, Inc., to which reference is made for a more particular
description.
It is further expressly understood and agreed that the Temporary Encroaclnnent
herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30)
days after the notice is given, the Temporary Encroaclnnent must be removed fÌ"om The
Encroaclnnent Area by the Grantee; and that the Grantee will bear all costs and expenses of such
I
¡removal.
i
I
¡hold harmless the City, its agents and employees, fÌ"om and against all claims, damages, losses
I
land expenses including reasonable attorney's fees in case it shall be necessary to file or defend an
I
I
[action arising out of the location or existence of the Temporary Encroaclnnent.
i
!
It is further expressly understood and agreed that the Grantee shall indemnify and
2
It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permIt the maIntenance and construction of any encroachment by anyone other than the
I-to, .
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 prior to issuance of a right of way
permit, the Grantee must post a bond or other security, in accordance with their engineer's cost
estimate, to the Office of Development Services Center/P1anning Department.
It is further expressly understood and agreed that the Grantee must obtain and keep
in force all-risk property insurance and general liability or such insurance as is deemed necessary
I by the City, and all insurance policies must name the City as additional named insured or loss
payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance
in an amount not less than $500,000.00, combined single limits of such insurance policy or
policies. The Grantee will provide endorsements providing at least thirty (30) days written
notice to the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent,
with relation to the Temporary Encroachment.
3
"
;
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II
It is further expressly understood and agreed that the Temporary Encroachment
must conform to the minimum setbacks requirements, as established by the City.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner
provided by law for the collection of local or state taxes; may require the Grantee to remove the
Temporary Encroachment; and pending such removal, the City may charge the Grantee for the
use of The Encroachment Area, the equivalent of what would be the real property tax upon the
land so occupied if it were owned by the Grantee; and if such removal shall not be made within
the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of
One Hundred Dollars ($100.00) per day for each and every day that the Temporary
Encroachment is allowed to continue thereafter, and may collect such compensation and
penalties in any manner provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, JOSEPH M. HANLEY, JR. and LORI ANNE
HANELY, the said Grantee has caused this Agreement to be executed by their signatures.
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.
I
I
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
4
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Jo~h
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STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this - day of
, 2004, by
DESIGNEE OF THE CITY MANAGER.
, CITY MANAGERJAUTHORIZED
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this - day of
, 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires:
5
STATE OF ¡)rR.GI!JJI9-
CITYtCOUNTY OF ¡)¡Rt-,¡tJlli Pfl/C/l,to-wit:
I The foregoing instrument was acknowledged before me this U day of
J/Pf<Il
, 2004, by JOSEPH M. HANLEY, JR.
~,
My Commission Expires: ~J )/ d2..()() 7
~
STATE OF ¡),P.~I/JJI/
CITY/eeœrFY OF U,fI./,¡JJIA ?£J:l¿J!, to-wit:
The foregoing instrument was acknowledged before me this « day of
Ap¡{JL
, 2004, by LORI ANNE HANLEY.
~J.~
otary Public
My Commission Expires: /~J) ~OD7
(\, Î- >_c>
~rf'f!Y \ .C(wJ.!:{¡.,
SIGNATURE
Pio ßc::/ bid¡;
DEPARTMENT
APPROVED AS TO LEGAL
SUFFIECIENCY AND FORM
~~ ß2:?
APPROVED AS TO CONTENTS
6
--- -_;ë,,;,.íNf.~- --\--- ------\
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""'s ~ ~ PROPOSED
1 ~\ PRIVA TE PIER _fLOOOCEBB-
\ F AGILITY
j. PMP PMP
CONSTRUCT AND ANCHOR fLOAT
ACCORDING TO THE MANUFACTURER'S
SPECIFICA TIONS.
APO 1
GPIN: 2426-39-0904-0000
WA TERFRONT
CONSULTING, INC
1112 JENSEN DRIVE, STE. 206
VIRGINIA BEACH, VA 23451
PHONE: (757) 425-8244
FAX (757) 313- 9788
-.,
LAKE WESLEY'
NIF CITY OF V1RGINIA BEACH ~~
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LOT 24
SCALE 1" = 40'
L=110.00'
R-938.37'
VIRGINIA DARE DRIVE
REVISED: MARCH 10, 2004
REVISED: JUNE 20, 2003
PROPOSED ENCROACHMENT
PRIVATE PIER, LIFTS AND MOORING PILES
FOR
JOSEPH M. AND LORI N, HANLEY
LOT 24, CROAT AN BEACH
BEACH DISTRCT VIRGINIA BEACH VA
(M.B. 37 PG. 11) DATE: FEBRUARY 27, 2003
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Franchise Agreement with Entertainment, Inc. for the use of City Property
Located at the Oceanfront and 15th Street for Operation of the Virginia Beach Fishing
Pier.
MEETING DATE: May 11, 2004
.
Background: By ordinance adopted on December 30, 1949, as amended on February
14, 1950, the "Town of Virginia Beach" (the predecessor municipality to the City of Virginia
Beach) granted Virginia Beach Amusement and Pier Corporation the privilege to erect,
construct ,maintain and operate an amusement pier and use the sandy beach. Virginia
Beach Amusement and Pier Corporation ( a family business) constructed the pier and
related facilities. In April of 1962, City Council issued an invitation to bid for the construction
and operation of a fishing and amusement pier at 15111 Street on the oceanfront (the "Virginia
Beach Fishing Pier'). On May 11, 1962, a franchise for a term of 20 years was granted to
the same family business, known as the Virginia Beach Pier and Amusement Company
("VBPACn). Since the expiration of the original 20 year term, additional 5 year franchises
have been granted to VBPAC's successor, Entertainment, Inc. The pier has been
continuously maintained and operated by the same family since 1949.
The current franchise has expired and Entertainment, Inc. has expressed a desire to
continue to operate the Virginia Beach Fishing Pier (including its related facilities).
Accordingly, a franchise agreement has been drafted by the City Attorney's Office for
Entertainment, Inc.'s use of the City's property for the operation of the Virginia Beach
Fishing Pier.
.
Considerations: The term of the franchise will be for one year with two additional renewal
terms of one (1) year each not to exceed May 31,2007. Entertainment, Inc. will pay an annual
franchise fee of $14,000 payable in equal quarterly installments. In the event Entertainment
Inc. intends to extend the franchise beyond May 31, 2007 or apply for a new franchise,
Entertainment, Inc. shall submit its plans for the development and improvement of the property
no later than September 1, 2006. A Summary of Terms is attached.
. Public Information: Advertisement for public hearing as required by §15.2-1800 of the
Code of Virginia, advertisement of City Council agenda.
. Alternatives: Adopt the ordinance as presented, change any conditions or terms of the
franchise agreement or disapprove the ordinance.
. Recommendations: Adopt the ordinance granting the franchise and authorizing the City
Manager to execute the franchise agreement in accordance with the attached Summary of
Terms.
.
Attachments: Ordinance, Summary of Terms, Disclosure Statement
Recommended Action: Approval
Submitting Department/Agency: Convention & Visitors Bureau
City Manager~ k, Ò(S ~
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1
ORDINANCE NO.
2
3
4
5
6
AN ORDINANCE TO GRANT A FRANCHISE TO
ENTERTAINMENT, INc. FOR THE USE OF CITY
PROPERTY AT THE OCEANFRONT AND 15TH
STREET FOR THE OPERATION OF THE
VIRGINIA BEACH FISHING PIER
7
WHEREAS, on May 11, 1962, the City Council originally granted a twenty-year
8
franchise to Virginia Beach Pier and Amusement Company ("VBP AC")at the oceanfront and 15th
9
Street for the construction and operation of a fishing and amusement pier (the "Virginia Beach
Fishing Pier");
WHEREAS, since the expiration of the original twenty-year franchise, additional
five-year franchises have been granted to the VBPAC's successor, Entertainment, Inc.;
WHEREAS, the current franchise has expired and Entertainment, Inc. has expressed
a desire to continue to operate the pier and its related facilities; and
WHEREAS, Entertainment, Inc. and City staff worked with the City Attorney to
draft a franchise agreement for the regulation of the operation of the Virginia Beach Fishing Pier,
which Entertainment, Inc. has agreed to execute.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
I.
That a franchise is hereby granted to Entertainment, Inc. to operate the
Virginia Beach Fishing Pier in accordance with all terms and conditions thereof.
25
26
22
2.
That the City Manager, or his designee, is hereby authorized to execute the
23
franchise agreement with Entertainment, Inc. in accordance with the Summary of Terms attached
24
hereto.
Adopted by the Council of the City of Virginia Beach, Virginia, on the_day of
,2004.
CA-9223
C:\Documents and Settings\measonlLocai Settings\TempWBFPIER..ord. wpd
R-l
02/13/04
2
Grantor:
Grantee:
Franchised
Property:
Term:
Franchise Fee:
Proposed Short- Term Franchise
for Virginia Beach Fishing Pier
SUMMARY OF TERMS
City of Virginia Beach
Entertainment, Inc.
See Exhibit A property designated as "Pier Property"
One year commencing June 1, 2004 with two renewal terms of one
year not to exceed May 31, 2007. In the event Grantee intends to
extend the franchise beyond May 31, 2007 or apply for a new franchise,
Grantee shall subrnit its plans for the developrnent and improvement
of the Pier Property no later than September 1, 2006.
$14,000 annually payable on a quarterly basis
Responsibilities of Grantee:
.
shall keep Pier and Pier Property in good condition and repair.
shall provide commercial liability coverage including product liability
coverage in the arnount of not less than $1,000,000 (CSL).
shall indemnify and hold harrnless the Grantor for all clairns, darnages or
losses resulting frorn Grantee's operation, occupancy and use of the Pier or
the conduct of its operation, or resulting frorn the negligence or intentional
acts or ornissions of the Grantee.
.
.
Permitted Uses:
.
rental and sale of bait and tackle for fishing.
one or rnore restaurants with a rnaximum area of 4,600 square feet each.
retail stores engaged in the sale of tourist-related rnerchandise, goods and/ or
services. However, the sale of time shares shall be permitted only from a
specified kiosk on the Pier.
.
.
Rights and Responsibilities of Grantor.
.
shall have the right to inspect the Pier and the Pier Property at all reasonable
tirnes with or without notice to the Grantee.
.
shall have the right to cancel and terminate franchise or written notice to the
Grantee upon failure of the Grantee to cure a default or a breach of the terms
and conditions of the franchise.
shall have the right, with no cornpensation to the Grantee, to photograph the
Pier, including the interior and exterior thereof, any persons on and about
the Pier and the name of the Grantee's establishment, and to use any such
photographs in any of the Grantor's publicity or advertising.
Special Conditions:
.
Frorn November 1 through January 6 each year, the Grantor shall have the
right to place on the Pier electric lights, electrical wiring, ternporaryjunctions
or fuse boxes and such other equiprnent needed by Grantor in connection
with a holiday light display on the Virginia Beach oceanfront boardwalk of
the type currently known as "Holiday Lights at the Beach".
'\U~\VV"""""'BZA""';.",",.=."'"
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
Entertainment, Inc., a Virginia corporation
~res~aent - Kooert LaChman; V~ce pres~dent Br~an Murden; Vice
President - Annette Durbin Smith; Secretarv/Treasurer - Bettv Lachman
2. List all businesses that have a that have a parent-subsidiari or affiliated business
entilf reiationship with the applicant: (Attach list ifnecessarý)
Affiliated business' Virl<inia Beach ~i~hing P;PT Tnc .
a Virginia corporation
0 Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a that have a parent-subsidiary1 or affiliated business
entiV relationship with the applicant: (Attach list if necessary)
0 Check here if the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization.
1 & 2 See next page for footnotes
Rezoning Application
Page10of11
Revised 10/1/2003
DISCLOSURE STATEMEN
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, and legal services: (Attach list if
necessary)
Legal Services: Troutman Sanders LLP
1 "Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation." See State and Local Govemment Conflict of
Interests Act, Va. Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than
parent-subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing, I am responsible for obtaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
according to the instructions in this package.
ENTERT~~ 12. (l
By: I ~.~ ~,
A S II~~IÐ<ROBE T LACHMAN, PRESIDENT
RDb&~T I-.. A.cot-( /,<"- A 1\(
Print Name
Property Owner's Signature (if different than applicant)
Print Name
Rezoning Application
Page 11 of 11
Revised 10/1/2003
ITEM:
~~, jj
-:~'
CITY OF VIRGINIA BEACH
AGENDA ITEM
Ordinance to Grant Two New Franchises for the Operation of
Open Air Cafés in the Resort Area
MEETING DATE:
May 11, 2004
.
Background:
Since its initial development and implementation, the Open Air Café
Program has been very successful, and a number of cafés have been
established in the Resort Area. The City's policy and practice has been to grant
the initial franchise for a term of one (1) year. If the open air café is operated
successfully during the initial one-year term, the City then renews the franchise
for a five (5) year term.
.
Considerations:
A one-year initial franchise is proposed for 21 Fun, LLC., trading as
"Sharx Café," (211 21st Street), for the operation of a side street café from May
1, 2004, to April 30, 2005. Another one year initial franchise is proposed for
Tradewinds, LC., and Rockfish, LLC., trading as nRockfish Bar and Sea Grill,"
(1601 Atlantic Avenue) for the operation of a connector park café from May 1,
2004 to April 30, 2005.
If City Council approves the attached ordinance, the grant of the
franchises remains contingent upon the respective Grantees' execution of an
Open Air Café Franchise Agreement, and compliance with the terms and
conditions thereof.
.
Recommendations:
Approval of Ordinance
.
Attachments:
Ordinance
Recommended Action: Approval
Submitting Department/Agency: Virginia Beach Convention and Visitors Bureau
City M,""'"~ k , ~".,."
1
2
3
4
5
6
AN ORDINANCE GRANTING TWO
FRANCHISES FOR THE OPERATION OF
OPEN AIR CAFES IN THE RESORT AREA
WHEREAS, the City has adopted, and incorporated into a
7
franchise agreement,
regulations for the operation of open air
8
cafés on public property in the Resort Area;
9
WHEREAS, Tradewinds, LC and Rockfish SeaGrill, L.L.C.,
10
as well as 21 Fun,
L.L.C. ,
have submitted applications for the
11
operation of two new open air cafés and have paid the required
12
application fee;
13
WHEREAS,
representations
in
the
application
made
14
comply with the aforementioned regulations; and
15
WHEREAS,
the Virginia Beach
Convention and Visitors
16
and
Advisory
Commission
the
the
Resort
have
reviewed
Bureau
17
applications and determined that the proposed cafés will have no
18
detrimental
effect
on the public
health,
welfare,
or
safety,
19
interest, and will enhance the festive atmosphere in the Resort
20
Area.
21
NOW,
THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE
22
CITY OF VIRGINIA BEACH, VIRGINIA:
23
1.
That a franchise is hereby granted to Tradewinds,
24
LC and Rockfish Sea Grill,
to operate a connector park
L.L.C.
25
café at
1601 Atlantic Avenue
from May 1,
to April
30,
2004,
26
2005,
conditioned on provision by the grantees of an approved
27
final site plan,
liability insurance coverage,
a security bond
28
and applicable franchise fee, and on compliance with all of the
29
terms and conditions of the Franchise Agreement.
30
2.
That
franchise
to
is
hereby
granted
21
Fun
a
31
L.L.C. ,
to operate an Atlantic Avenue side street café at 211
32
21 st Street from May 1,
2005, conditioned on
2004, to April 30,
33
provision
approved
final
site
plan,
the
of
by
grantee
an
34
liability
security bond
applicable
insurance
a
and
coverage,
35
franchise
with
terms
and
all
compliance
of
the
fee,
and
on
36
conditions of the Franchise Agreement.
37
3.
That
his
authorized
the
or
duly
Ci ty Manager,
38
designee,
is hereby authorized to enter into agreements for the
39
franchises granted by this ordinance.
40
Adopted by the Council of the City of Virginia Beach,
41
Virginia, on the ------ day of
, 2004.
CA-9238
GGjordresjresortopenaircafes.doc
R-4
March 5, 2004
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
V~-¿j f
Convention & Visitors Bureau
/
City Attorney
2
r
ITEM:
r~"'-
&".."1. -"W,
,.' '.'
t~i- ¡.I
\~~....~~
"<~jr-
CITY OF VIRGINIA BEACH
AGENDA ITEM
An Ordinance Granting Two Franchises for the Operation of
Open Air Cafés on Atlantic Avenue Pursuant to the City's Pilot
Program for Certain Open Air Cafés
MEETING DATE:
May 11, 2004
.
Background: On March 23, 2004, the City Council adopted a Resolution
establishing a Pilot Program to allow, on an experimental basis, two open air
cafés to be located on the west side of Atlantic Avenue between 20th and 23rd
Streets between May 1, 2004 and September 30, 2004. The Resolution also
directed the City Manager to recommend to the City Council the two franchise
proposals which, in his opinion, best promote the objectives of the Pilot Program.
The City has received two applications for Pilot Program franchises. One
is from Giovanni's Inc., tJa Giovanni's Restaurant (2006 Atlantic Avenue); the
other is from Ocean Fries, Inc., tJa Keifer's Bar & Grill (2218 Atlantic Avenue).
The City Manager has reviewed the applications and has determined that they
promote the objectives of the Pilot Program.
.
Considerations: The open air cafés contemplated by the Resolution
establishing the Pilot Program and by this Ordinance are subject to stricter
controls over their operation than are other open air cafés. Those controls have
been incorporated into the Pilot Program franchises. In particular, the operators
of both open air cafés are required to close immediately upon the order of a
public safety official for reasons of crowd control, unruly behavior either within the
establishment or in nearby areas or for other reasons related to preservation of
public safety or public order. In addition, the franchises may be revoked by the
City Manager if he determines that:
1.
The owner or operator of the establishment has been found guilty of a
criminal offense arising from the operation of the establishment;
2.
The owner or operator has been assessed a civil penalty for violation of
any fire, building, zoning, alcoholic beverage control, or health regulation
arising from the operation of the establishment;
3.
The presence of the open air café is causing or contributing to a
deterioration of the quality of the pedestrian experience or general
environment in the area;
4.
The open air café is in violation of any material term of its franchise or
Resort Open Air Café Regulations; or
5.
The operator has failed to comply with an order of a public safety official of
the City directing that the open air cafe be closed.
The City Manager may also suspend the owner or operator's privilege to
operate the open air cafés pending a final disposition of any criminal charge,
alcoholic beverage control violation, or civil infraction arising from the operation
of the establishment (including the indoor portion of the establishment).
The grant of the two proposed franchises is in furtherance of the
objectives of the City Council in establishing the Pilot Program. If approved, the
grant of the franchises would be conditioned upon provision of an approved final
site plan, liability insurance coverage, a security bond and applicable franchise
fee, and upon compliance with all of the terms and conditions of the Franchise
Agreements and the ordinances and regulations applicable to such franchises.
.
Recommendations: Adoption of ordinance
.
Attachments: Proposed ordinance
q;~e
Submitting Department/Agency: Virginia Beach Convention and Visitors Bureau
City Manager: ~ ìL. ÒtY~
Recommended Action: Approval
GG 10 rders lop enairarf. doc
1
2
3
4
5
6
7
8
AN ORDINANCE GRANTING TWO
FRANCHISES FOR THE OPERATION OF
OPEN AIR CAFÉS ON ATLANTIC AVENUE
PURSUANT TO THE CITY'S PILOT
PROGRAM FOR CERTAIN OPEN AIR CAFÉS
the
City
Council
March
23,
2004,
WHEREAS,
on
9
established,
by Resolution,
allow,
on an
Pilot
Program
to
a
10
experimental basis,
open air cafés to be located on the west
11
side of Atlantic Avenue between 20th and 23rd Streets between May
12
1, 2004 and September 30, 2004: and
13
WHEREAS,
the aforesaid Resolution authorized the City
14
Manager to accept proposals for open air café franchises for the
15
area between 20th and 23ro Streets and to select, for presentation
16
to the City Council, the two proposals which in his opinion best
17
promote the objectives of the Pilot Program; and
18
Giovanni's
t/a
Restaurant
Giovanni's
WHEREAS,
Inc. ,
19
and Ocean Fries,
t/a Keifer's Bar & Grill have submitted
Inc. ,
20
applications for open air cafés to be located at 2006 Atlantic
21
Avenue and 2218 Atlantic Avenue, respectively: and
22
WHEREAS,
the City Manager has reviewed the aforesaid
23
applications
contained
and
determined
has
that
the
proposals
24
therein best promote the objectives of the Pilot Program;
25
NOW,
THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
26
CITY OF VIRGINIA BEACH, VIRGINIA:
27
28
29
30
31
32
33
34
35
1.
That a franchise is hereby granted to Giovanni's
Inc. ,
t/a Giovanni's Restaurant to operate an open air café at
2006 Atlantic Avenue from May 1,
2004
to September 30,
2004,
conditioned
provision
of
approved
final
plan,
site
upon
an
liability
insurance
security bond
and
applicable
coverage,
a
franchise fee,
and upon compliance with all of the terms and
conditions
of
the Franchise Agreement
and the
ordinances
and
regulations applicable to such franchise; and
2.
That
franchise
is
hereby
granted
to
Ocean
a
36
Fries,
t/a Keifer's Bar & Grill to operate an open air
Inc. ,
37
café at 2218 Atlantic Avenue from May 1,
2004 to September 30,
38
2004, conditioned upon provision of an approved final site plan,
39
liability
insurance
security bond
and
applicable
coverage,
a
40
franchise fee,
and upon compliance with all of the terms and
41
conditions
of
the
Franchise Agreement
and the
ordinances
and
42
regulations applicable to such franchise.
43
3.
That
the
City Manager,
his
duly
authorized
or
44
designee,
is hereby authorized to enter into on behalf of the
45
City the Franchise Agreements authorized by this Ordinance.
46
47
Adopted by the Council of the City of Virginia Beach,
48
Virginia, on the ------ day of
, 2004.
2
CA-9234
OIDjordresjpilotfranchiseawardordin
R-l
April 27, 2004
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
;~A£
S7JJL /ff,;fb/
City Attorney's Office
Convention & Visitors Bureau
3
""&91
~,
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: No Interest Loan for the Plaza Volunteer Rescue Squad
MEETING DATE: May 11, 2004
.
Background:
For over 30 years the City of Virginia Beach has financially assisted the
Volunteer Rescue Squads utilizing several different programs. In addition to
providing support for continuing expenses such as fuel, insurance and small
monthly stipends to offset operating expenses, the City has provided no interest
loans for the purchase of ambulances and squad trucks. Under the loan program
the rescue squads repay the City on a regular timetable by the amount of the
loan and their ability to repay based on fund drive yields.
.
Considerations:
The Plaza Volunteer Rescue Sq:.Jad is requesting a no interest loan in the
amount of $80,000.00 for the purpose of purchasing a new ambulance. The
increased call volume has dictated their decision for the purchase of an
additional ambulance. Plaza Volunteer Rescue Squad would like to repay the
loan over a 4 year period in equal installments of $20,000.00 per year beginning
January 1, 2005.
.
Public Information:
Public information will be handled by the normal Council Agenda process.
.
Alternatives:
The alternative to the no-interest city loan is the squad's acquisition of a
commercial loan at a high interest rate.
.
Recommendations:
EMS recommends approval of this request.
.
Attachments:
Ordinance
Correspondence from Plaza Volunteer Rescue Squad.
Recommended Action:
Approval
Submitting Department/Agency: Department of Emergency Medical Services
COy Ma...." ~ l ~fi'-L
10
11
1
2
3
4
5
6
7
8
AN ORDINANCE TO APPROPRIATE $80,000 FROM THE
FOND BALANCE OF THE GENERAL FOND TO PROVIDE AN
INTEREST-FREE LOAN TO THE PLAZA VOLUNTEER
RESCUE SQUAD FOR THE PURCHASE OF A NEW
AMBULANCE
WHEREAS, the Plaza Volunteer Rescue Squad does not presently
9
have adequate funds to purchase a new ambulance but has represented
that fund-raising efforts will provide sufficient funds to repay an
interest-free loan from the City of Virginia Beach in the amount of
12
$80,000.
13
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14
VIRGINIA BEACH, VIRGINIA:
15
1. That $80,000 is hereby appropriated from the fund balance
16
of the
General
Fund
for
interest-free
loan to the
Plaza
an
17
Volunteer Rescue Squad so it may purchase an ambulance,
with
18
revenue increased accordingly in the FY 2004-05 Operating Budget.
19
2. That this loan is to be repaid by the Plaza Volunteer
20
Rescue Squad over (4) years, with payments, due on the 1st day of
21
January each year, in (4) equal installments of $20,000, with the
22
first payment to be made on or before January 1, 2005,and the
23
last payment to be made on or before January 1, 2008.
24
3.
That, as a condition cf this loan, the Plaza Volunteer
25
Rescue Squad shall be required to enter into an agreement
26
authorizing the use and operation of this ambulance, when
27
necessary, by the City's career emergency personnel.
28
1
29
Requires an affirmative vote by a majority of the members of the
30
City Council.
31
32
33
34
Adopted by the City Council of the City of Virginia Beach,
35
Virginia, on this
day of
, 2004.
CA-9233
OID/ordres/Plaza Volunteer Rescue Squad Loan ORD.doc
R4 -
April 28, 2004
APPROVED AS TO CONTENTS:
APPROVED AS TO LEGAL SUFFICIENCY:
~).
City Attorne~s 0
2
PLAZA VOLUNTEER RESCUE SQUAD
P.O. Box 2128
Virginia Beach. VA. 23450
Chief
Department of EMS
1917 Arctic Avenue
Virginia Beach, VA 23451
March 10, 2004
The Plaza Volunteer Rescue Squad needs to replace its aging 1993 International 4700
Ambulance (1623) with a new Ambulance. This will ensure continuation of quality
emergency services with state of the art equipment
Ambulance 1623 is the oldest offour ambulances in the Plaza Rescue Squad inventory.
Over the past year we have experienced increased mechanical problems including brake,
suspension and electrical failures resulting in towing service and unscheduled periods of
down time. We attribute this, in part, to the following:
.
Electrical problems include outdated lighting which creates a larger draw on the
electrical system resulting in premature failure of the ambulance batteries
Air Conditioning is not adequate to handle the summer temperatures which create
scheduling problems during the summer days.
Maintenance costs are now twice as the other ambulances and is only used 18
percent of the time trying to save unnecessary costs.
.
Unit 1623 is a 1993 model year chassis with a 170 inch box that is the largest
ambulance in the Plaza Volunteer Rescue Squad inventory. The patient compartment is
now II years old and in dire need of replacement In addition to the aforementioned
outdated lighting, the flooring is also in need of replacement It is not cost effective to
rechasis this unit, as the flooring, electrical systems, air conditioning, and upholstery all
need rep]acement At its present mileage of 157,957 it has become undependable
Plaza Volunteer Rescue Squad has researched and priced ambulances and has decided
on another ambulance with an International truck chassis. Plaza Rescue Squad currently
has four (4) ambulances with the same chassis type in its inventory and its members are
familiar with the driving and handling of this type ambulance chassis Also with the
current International chassis' in the inventory the maintenance facilities utilized by Plaza
Rescue are already in place.
~í ~~11~ ~I~
The proposed cost to purchase a new International Ambulance is $128,945.00 Of this
cost Plaza Volunteer Rescue Squad is applying for a RSAF grant from the state office of
EMS for a total of$39,000. Plaza Rescue Squad has budgeted $5,000.00 towards the
cost plus the sale or trade ofthe current 1623, about $5,000. Current budget constraints
limit Plaza Rescue Squad's ability to fund this new ambulance without the assistance of
the City of Virginia Beach.
Plaza Volunteer Rescue Squad is requesting the city of Virginia Beach to augment the
requested state grant and its budgeted funds for the purchase of a new ambulance with a
no-interest loan of$80,000.00. We are further requesting to pay back this loan over a
period off our (4) years at $20,000.00 per year.
I!;(i~ f tJJ4!~
, Willia6;'Ç Walker
PresidèrÍt
¥/
...~
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate $70,000 from the Fund Balance of the Oyster
Heritage Trust Fund to the Department of Planning to Develop a Plan to Restore
Oysters in the Lynnhaven River
MEETING DATE:
May 11, 2004
. Background: The City of Virginia Beach established the Lynnhaven Oyster
Heritage Trust Fund in February, 2002 to receive payments from persons or groups
interested in helping to promote restoration of oysters in the Lynnhaven River
watershed. Funds from this account have been instrumental in accomplishing the
creation of over 9 acres of oyster habitat in the Lynnhaven to date.
In addition to the direct restoration efforts undertaken, the City desires to develop a
more comprehensive Oyster Heritage Plan for establishing policy and guiding future
City efforts to restoring oysters in the Lynnhaven watershed. This plan will be
developed in partnership with other organizations promoting oyster restoration in the
Lynnhaven, including the Chesapeake Bay Foundation, the U.S. Army Corps of
Engineers, the Virginia Marine Resources Commission, and the Lynnhaven River 2007
community watershed organization. Accordingly, the requested funds will be used to
continue current grant and temporary funded employees within the Department of
Planning and Community Development to complete the development of the Oyster
Heritage Plan; current full-time permanent staff are inadequate to accomplish this task
given other environmental initiatives and work assignments currently underway.
. Considerations: The Lynnhaven Oyster Heritage Trust Fund serves as a
repository for interested parties to provide funds to be used solely for activities that
support the restoration or enhancement of oyster habitat in the Lynnhaven Watershed,
including oyster reefs, oyster beds, or similar related activities that are directly related to
restoration or enhancement of oyster habitat in the Lynnhaven Watershed. The
requested use of funds is an authorized use of funds from this trust fund.
. Public Information: Public information will be handled through the normal Council
agenda process.
. Alternatives: Alternatives to this approach considered by staff included a No
Action Alternative for development of an Oyster Heritage Plan. This alternative was
deemed ineffective at achieving the optimum desired benefits to be derived from a
coordinated and comprehensive strategy for restoring oysters to the Lynnhaven
watershed.
. Recommendations: Approval of the Ordinance to appropriate funds from the
Oyster Heritage Trust Fund. Fund Balance to the Department of Planning and
Community Development.
.
Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Planning
City Manage~ t-. I~~
1
2
3
4
5
6
7
8
9
10
11
12
AN ORDINANCE TO APPROPRIATE $70,000 FROM THE
FUND BALANCE OF THE OYSTER HERRITAGE TRUST
FUND TO DEPARTMENT OF PLANNING'S FY 2003 -04
OPERATING BUDGET TO DEVELOP A PLAN FOR
RESTORING OYSTERS IN THE LYNNHAVEN WATERSHED
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That $70,000 from the fund balance of the Oyster Heritage
13
Trust Fund is hereby appropriated to the Department of Planning's
14
FY 2003-04 Operating Budget for the development of a plan for
15
restoring oysters in the Lynnhaven watershed.
16
17
Adopted by the Council
Virginia, on the day of
City of Virginia
, 2004.
of
the
Beach,
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~.#t-V" :; ~ (C,
City Attorn y's Of~ice
[) n~;) ~ VJAV~
Management Services
CA-9239
OID!ordres!OYSTER HERITAGE ORD.doc
R2 -
April 30, 2004
~
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ordinance to Transfer $130,000 in the General Fund Reserve for
Contingencies to the Department of Planning's Operating Budget for the Development of an
Urban Design Element for the Historic Kempsville Plan
MEETING DATE:
May 11, 2004
. Background:The City of Virginia Beach has established a capital improvement
transportation project for the Princess Anne Road I Kempsville Road. Intersection (CIP#
2.048). In conjunction with this project, staff and Council have continued a dialogue
regarding the development of a Historic Kempsville Plan. Such a plan would define City
policies for guiding future development and redevelopment in that area, enabling the City to
create a sense of place and special character for this area and optimizing the transportation
improvements for the long term.
The Historic Kempsville Plan is being developed by the Planning Department, with
extensive community input from residents, businesses, and institutions in the area, and staff
provided a briefing on this project to Council on March 2, 2004. The final plan will be
presented to the Planning Commission and City Council upon its completion for
consideration as an amendment to the City's Comprehensive Plan for this area. A key
component of the Historic Kempsville Plan is the development of an Urban Design Element
that sets forth a vision for the physical appearance and character of the area and serves as
a guide for future development and redevelopment opportunities that will arise following
completion of the transportation project. Accordingly, the requested funds will be used to
secure the services of a professional design consultant to develop information for inclusion
in the Historic Kempsville Plan related to urban design, landscaping, and architectural
standards to guide future development and redevelopment in the area.
. Considerations: The requested use of funds will allow for the development of clear
recommendations to guide future land use decisonmaking in this area of the City.
Furthermore, the Historic Kempsville Plan can become a model for addressing similar
development and redevelopment opportunities that exist in the City.
. Public Information: Public information will be handled through the normal Council
agenda process.
. Alternatives: Taking no action will preclude the City from taking advantage of the
desirable outcomes listed above; in house staff does not exist to provide these special
services.
. Recommendations: Approval of the Ordinance to transfer funds from the General
Fund Reserve for Contingencies to the Department of Planning and Community
Development to undertake the Urban Design Element for the draft Historic Kempsville Plan.
.
Attachments:
Ordinance
Recommended Action:
Approval
Submitting DepartmentlAgencr, Planning
City Manager~ IL,~
1
2
3
4
5
6
7
8
9
10
11
12
AN ORDINANCE TO TRANSFER $130,000 FROM THE
GENERAL FUND RESERVE FOR CONTINGENCIES TO THE
DEPARTMENT OF PLANNING'S FY 2003-04 OPERATING
BUDGET FOR THE DEVELOPMENT OF AN URBAN DESIGN
ELEMENT FOR THE HISTORIC KEMPSVILLE PLAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
13
That $130,000 from the General Fund Reserve for
14
Contingencies is hereby transferred to the Department of
15
Planning's FY 2003-04 Operating Budget for the development of an
16
urban design element for the Historic Kempsville Plan.
17
18
19
Adopted by the
Virginia, on the
Council
day of
City of Virginia
, 2004.
Beach,
of
the
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~~ S ~fl~/([;
City Attorney's Office
CA-9240
OID/ordres/proposed/Historic Kempsville ORD.doc
R2 -
April 30, 2004
~n ~ ~~~. . -- .. ~ ~_._......_--_..- ..
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A resolution providing for the issuance and sale of $65,000,000 General
Obligation Public Improvement Bonds, Series 2004A
MEETING DATE: May 11, 2004
. Background: Based on a review of capital project expenditures and future CIP needs,
the Department of Finance has begun preparations for a general obligation bond sale in
the amount of $65 million. The Bond sale is composed of portions of 1999, 2000, 2001,
2002, and 2003 Charter Bond Authorizations previously approved by Council. In some
instances the bond proceeds from the proposed sale will be reimbursing previous
expenditures. For other projects the funds will be for future planned expenditures.
. Considerations: This sale represents the City's annual general obligation bond sale.
The City's Bond Counsel, Hunton & Williams, has prepared the enclosed resolution
authorizing the issuance and sale. The bonds will be sold by competitive bid with the
actions of the City Manager being conclusive provided, however, that the bonds shall
have a true interest cost not to exceed 5.5 percent. The proposed bond structure takes
into consideration the FY05 debt service budget.
The bond sale is scheduled for pricing on June 2, 2004. As an accommodation to
bidders, the City will employ an electronic bidding system in accordance with the Official
Notice of Sale.
After today's Council action no further vote of the City Council will be necessary. The
final terms of the bond sale will be provided to City Council.
. Public Information: Public information will be handled through the normal Council
agenda process. The original Charter authorizations were a part of the public
information process for the Operating Budget and Capital Improvement Program. In
addition, a Notice of Sale will be placed in The Bond BuYer.
. Alternatives: There are no alternative funding sources at this time. This request
follows previously approved CIPs.
. Recommendations: The enclosed resolution providing for the sale of the bonds is
recommended for City Council approval.
. Attachments:
Resolution Authorizing the bond sale
Draft of the Preliminary Official Statement
Draft of the Continuing Disclosure Agreement
Draft of the Official Notice of Sale
Recommended Action: Approval of Resolutio l-- ^ /, n~ ;
Submitting DepartmentlA9¡ency: Finance \dJ'IÁ/!'¡ (L U(~lJ>::¡./
City Manager~') K-, ð-t3~ . I
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF
GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS,
SERIES OF 2004A, HERETOFORE AUTHORIZED, OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM
AMOUNT OF $65,000,000, AND PROVIDING FOR THE FORM,
DETAILS AND PAYMENT THEREOF
WHEREAS, the issuance of $56,700,000 of bonds of the City was authorized by an
ordinance adopted by the City Council on May 11, 1999, without being submitted to the
qualified voters of the City, to finance various public improvements, including schools,
roadways, coastal, economic and tourism and building projects, $49,647,407 of which bonds
have been issued and sold; and
WHEREAS, the issuance of $49,700,000 of bonds of the City was authorized by an
ordinance adopted by the City Council on May 9, 2000, without being submitted to the qualified
voters of the City, to finance various public improvements, including schools, roadways, coastal
projects, economic and tourism projects, building and parks and recreation projects, $33,896,170
of which bonds have been issued and sold; and
WHEREAS, the issuance of $57,700,000 of bonds of the City was authorized by an
ordinance adopted by the City Council on May 15, 2001, without being submitted to the
qualified voters of the City, to finance various public improvements, including schools,
roadways, coastal projects, economic and tourism projects, building and parks and recreation
projects, $38,103,830 of which bonds have been issued and sold; and
WHEREAS, the issuance of $59,300,000 of bonds of the City was authorized by an
ordinance adopted by the City Council on May 14, 2002, without being submitted to the
qualified voters of the City, to finance various public improvements, including schools,
roadways, coastal projects, economic and tourism projects, building and parks and recreation
projects, $22,000,000 of which bonds have been issued and sold; and
WHEREAS, the issuance of $61,900,000 of bonds of the City was authorized by an
ordinance adopted by the City Council on May 13, 2003, without being submitted to the
qualified voters of the City, to finance various public improvements, including schools,
roadways, coastal projects, economic and tourism projects, building and parks and recreation
projects, none of which bonds have been issued and sold; and
WHEREAS, the City Council has determined it is in the City's best interest to issue and
sell $7,052,593 of the bonds authorized on May 11,1999; $5,000,000 of the bonds authorized on
May 9,2000; $19,596,170 of the bonds authorized on May 15, 2001; $15,000,000 of the bonds
authorized on May 14,2002; and $18,351,237 of the bonds authorized on May 13, 2003; and
WHEREAS, it has been recommended to the City Council by representatives of
Government Finance Associates, Inc. and ARD Government Finance Group (the "Financial
Advisors") that the City issue and sell a series of general obligation public improvement bonds in
the maximum principal amount of $65,000,000; and
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and
statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act
of 1991, general obligation public improvement bonds of the City in the maximum principal
amount of $65,000,000 (the "Bonds") to provide funds to finance, in part, the cost of the various
public, school, road and highway, coastal, economic and tourism, building and parks and
recreation improvements as more fully described in the ordinances authorizing the Bonds
adopted on May 11, 1999, May 9, 2000, May 15, 2001, May 14, 2002, and May 13, 2003
(collectively, the "Project"), and costs incurred in connection with issuing the Bonds
2. Bond Details. The Bonds shall be designated "General Obligation Public
Improvement Bonds, Series of 2004A," or such other designation as may be determined by the
City Manager, shall be in registered form, shall be dated such date as may be determined by the
City Manager, shall be in denominations of $5,000 and integral multiples thereof and shall be
numbered R-1 upward. Subject to Section 8, the issuance and sale of the Bonds are authorized
on terms as shall be satisfactory to the City Manager; provided, however, that the Bonds (a) shall
have a "true" or "Canadian" interest cost not to exceed 5.50% (taking into account any original
issue discount or premium), (b) shall be sold to the purchaser thereof at a price not less than 99%
of the principal amount thereof (excluding any original issue discount) and (c) shall mature or be
subject to mandatory sinking fund redemptions in annual installments beginning no later than
December 31,2005, and ending no later than December 31, 2024. Principal of the Bonds shall
be payable annually on dates determined by the City Manager.
Each Bond shall bear interest at such rate as shall be determined at the time of sale,
calculated on the basis of a 360-day year of twelve 30-day months, and payable semiannually on
dates determined by the City Manager. Principal shall be payable to the registered owners upon
surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined).
Interest shall be payable by check or draft mailed to the registered owners at their addresses as
they appear on the registration books kept by the Registrar on a date prior to each interest
payment date that shall be determined by the City Manager (the "Record Date"). Principal,
premium, if any, and interest shall be payable in lawful money of the United States of America.
Initially, one Bond certificate for each maturity of the Bonds shall be issued to and
registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its
nominee. The City has heretofore entered into a Blanket Letter of Representations relating to a
book-entry system to be maintained by DTC with respect to the Bonds. "Securities Depository"
shall mean DTC or any other securities depository for the Bonds appointed pursuant to this
Section.
In the event that (a) the Securities Depository determines not to continue to act as the
securities depository for the Bonds by giving notice to the Registrar, and the City discharges its
responsibilities hereunder, or (b) the City in its sole discretion determines (i) that beneficial
owners of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities
Depository, then the City's Director of Finance shall, at the direction of the City, attempt to
locate another qualified securities depository to serve as Securities Depository and authenticate
2
. -..........--..------
and deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate
and deliver certificated Bonds to the beneficial owners or to the Securities Depository
participants on behalf of beneficial owners substantially in the form provided for in Section 5;
provided, however, that such form shall provide for interest on the Bonds to be payable (A) from
the date of the Bonds if they are authenticated prior to the first interest payment date, or (B)
otherwise from the interest payment date that is or immediately precedes the date on which the
Bonds are authenticated (unless payment of interest thereon is in default, in which case interest
on such Bonds shall be payable from the date to which interest has been paid). In delivering
certificated Bonds, the City's Director of Finance shall be entitled to rely on the records of the
Securities Depository as to the beneficial owners or the records of the Securities Depository
participants acting on behalf of beneficial owners. Such certificated Bonds will then be
registrable, transferable and exchangeable as set forth in Section 7.
So long as there is a Securities Depository for the Bonds (1) it or its nominee shall be the
registered owner of the Bonds, (2) notwithstanding anything to the contrary in this Resolution,
determinations of persons entitled to payment of principal, premium, if any, and interest,
transfers of ownership and exchanges and receipt of notices shall be the responsibility of the
Securities Depository and shall be effected pursuant to rules and procedures established by such
Securities Depository, (3) the Registrar and the City shall not be responsible or liable for
maintaining, supervising or reviewing the records maintained by the Securities Depository, its
participants or persons acting through such participants, (4) references in this Resolution to
registered owners of the Bonds shall mean such Securities Depository or its nominee and shall
not mean the beneficial owners of the Bonds, and (5) in the event of any inconsistency between
the provisions of this Resolution and the provisions of the above-referenced Blanket Letter of
Representations such provisions of the Blanket Letter of Representations, except to the extent set
forth in this paragraph and the next preceding paragraph, shall control.
3. Redemption Provisions. The Bonds may be subject to redemption prior to
maturity at the option of the City on or after dates, if any, determined by the City Manager, in
whole or in part at any time, at a redemption price equal to the principal amount of the Bonds,
together with any interest accrued to the date fixed for redemption, plus a redemption premium
not to exceed 2% of the principal amount of the Bonds, such redemption premium to be
determined by the City Manager.
Any term bonds may be subject to mandatory sinking fund redemption upon terms
determined by the City Manager.
Ifless than all of the Bonds are called for redemption, the Bonds to be redeemed shall be
selected by the City's Director of Finance in such manner as may be determined to be in the best
interest of the City. If less than all of a particular maturity of the Bonds are called for
redemption, the Bonds within such maturity to be redeemed shall be selected by the Securities
Depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall
be selected by the Registrar by lot in such manner as the Registrar in its discretion may
determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal
amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption,
each Bond shall be considered as representing that number of Bonds that is obtained by dividing
the principal amount of such Bond by $5,000. The City shall cause notice of the call for
3
redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile
transmission, registered or certified mail or overnight express delivery, not less than 30 nor more
than 60 days prior to the redemption date, to the registered owner of the Bonds. The City shall
not be responsible for mailing notice of redemption to anyone other than DTC or another
qualified Securities Depository or its nominee unless no qualified Securities Depository is the
registered owner of the Bonds. If no qualified Securities Depository is the registered owner of
the Bonds, notice of redemption shall be mailed to the registered owners of the Bonds. If a
portion of a Bond is called for redemption, a new Bond in principal amount equal to the
unredeemed portion thereof will be issued to the registered owner upon the surrender thereof.
4. Execution and Authentication. The Bonds shall be signed by the manual or
facsimile signature of the Mayor or Vice-Mayor, shall be countersigned by the manual or
facsimile signature of its Clerk or Deputy Clerk, and the City's seal shall be affixed thereto or a
facsimile thereof printed thereon; provided, however, that if both of such signatures are
facsimiles, no Bond shall be valid until it has been authenticated by the manual signature of the
City Treasurer as Registrar or an authorized officer or employee of any bank or trust company
serving as successor the Registrar and the date of authentication noted thereon.
5. Bond Form. The Bonds shall be in substantially the following form, with such
completions, omissions, insertions and changes not inconsistent with this Resolution as may be
approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by
the execution and delivery of the Bonds:
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
No. R--
$
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
General Obligation Public Improvement Bond
Series of 2004A
_%
DATED DATE
,2004
CUSIP
INTEREST RATE
MATURITY DATE
--
4
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
DOLLARS
The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay,
upon surrender hereof to the registered owner hereof, or registered assigns or legal
representative, the principal sum stated above on the maturity date stated above, subject to prior
redemption as hereinafter provided, and to pay interest hereon from its date semiannually on
each and , beginning , at the annual rate stated above,
calculated on the basis of a 360-day year of twelve 30-day months. Principal, premium, if any,
and interest are payable in lawful money of the United States of America by the City Treasurer,
who has been appointed Registrar (the "Registrar"). The City may appoint a qualified bank as
successor paying agent and registrar for the bonds.
Notwithstanding any other provision hereof, this bond is subject to a book-entry system
maintained by The Depository Trust Company ("DTC"), and the payment of principal, premium,
if any, and interest, the providing of notices and other matters shall be made as described in the
City's Blanket Letter of Representations to DTC.
This bond is one of an issue of $65,000,000 General Obligation Public Improvement
Bonds, Series of 2004A, of like date and tenor, except as to number, denomination, rate of
interest, privilege of redemption and maturity, and is issued pursuant to the Constitution and
statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act
of 1991. The bonds have been authorized by ordinances adopted by the Council of the City (the
"City Council") on May 11, 1999, May 9, 2000, May 15, 2001, May 14, 2002, and May 13,
2003, and are issued pursuant to a resolution adopted by the City Council on [May 11], 2004, to
finance various public, school, road and highway, coastal, economic and tourism, building and
parks and recreation improvements and to pay costs of issuance of the bonds.
Bonds maturing on or before , -' are not subject to redemption prior to
maturity. Bonds maturing on or after , -' are subject to redemption prior to
maturity at the option of the City on or after , -' in whole or in part at any time (in
any multiple of $5,000), upon payment of the following redemption prices (expressed as a
percentage of principal amount of bonds to be redeemed) plus interest accrued and unpaid to the
date fixed for redemption:
Period During Which Redeemed
(Both Dates Inclusive)
Redemption
Price
[ Bonds maturing on , -' are required to be redeemed in part before
maturity by the City on in the years and amounts set forth below, at a redemption
price equal to the principal amount of the bonds to be redeemed, plus accrued interest to the
redemption date:
5
~
A!!!!!!m!
~
Amount
If less than all of the bonds are called for redemption, the bonds to be redeemed shall be
selected by the City's Director of Finance in such manner as may be determined to be in the best
interest of the City. If less than all the bonds of a particular maturity are called for redemption,
the bonds within such maturity to be redeemed shall be selected by DTC or any successor
securities depository pursuant to its rules and procedures or, if the book entry system is
discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its
discretion may determine. In either case, (a) the portion of any bond to be redeemed shall be in
the principal amount of $5,000 or some integral multiple thereof and (b) in selecting bonds for
redemption, each bond shall be considered as representing that number of bonds that is obtained
by dividing the principal amount of such bond by $5,000. The City shall cause notice of the call
for redemption identifying the bonds or portions thereof to be redeemed to be sent by facsimile
transmission, registered or certified mail or overnight express delivery, not less than 30 nor more
than 60 days prior to the redemption date, to DTC or its nominee as the registered owner hereof.
If a portion of this bond is called for redemption, a new bond in the principal amount of the
unredeemed portion hereof will be issued to the registered owner upon surrender hereof.
The full faith and credit of the City are irrevocably pledged for the payment of principal
of and premium, if any, and interest on this bond. Unless other funds are lawfully available and
appropriated for timely payment of this bond, the City Council shal11evy and collect an annual
ad valorem tax, over and above all other taxes authorized or limited by law and without
limitation as to rate or amount, on all taxable property within the City sufficient to pay when due
the principal of and premium, if any, and interest on this bond.
The Registrar shall treat the registered owner of this bond as the person or entity
exclusively entitled to payment of principal of and interest on this bond and the exercise of all
other rights and powers of the owner, except that interest payments shall be made to the person
or entity shown as the owner on the registration books on the first day of the month preceding
each interest payment date.
All acts, conditions and things required by the Constitution and statutes of the
Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of
this bond have happened, exist and have been performed, and the issue of bonds of which this
bond is one, together with all other indebtedness of the City, is within every debt and other limit
prescribed by the Constitution and statutes of the Commonwealth of Virginia.
IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond
to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this
bond to be dated , 2004.
COUNTERSIGNED:
(SEAL)
6
Clerk, City of Virginia Beach, Virginia
Mayor, City of Virginia Beach,
Virginia
ASSIGNMENT
FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto
(please print or type name and address, including postal zip code, of Transferee)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF TRANSFEREE:
the within bond and all rights thereunder, hereby irrevocably constituting and appointing
, Attorney,
to transfer said bond on the books kept for the registration thereof, with full power of substitution
in the premises.
Dated:
Signature Guaranteed
(Signature of Registered Owner)
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.
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.
6. Pledge of Full Faith and Credit. The full faith and credit of the City are
irrevocably pledged for the payment of the principal of and premium, if any, and interest on the
Bonds. Unless other funds are lawfully available and appropriated for timely payment of the
Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other
taxes authorized or limited by law and without limitation as to rate or amount, on all locally
taxable property in the City sufficient to pay when due the principal of and premium, if any, and
interest on the Bonds.
7. Registration, Transfer and Owners of Bonds. The City Treasurer is appointed
paying agent and registrar for the Bonds (the "Registrar"). The City may appoint a qualified
7
bank or trust company as successor paying agent and registrar of the Bonds. The Registrar shall
maintain registration books for the registration and registration of transfers of Bonds. Upon
presentation and surrender of any Bonds at the office of the Registrar, at its corporate trust office
if the Registrar is a bank or trust company, together with an assignment duly executed by the
registered owner or his duly authorized attorney or legal representative in such form as shall be
satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate, if
required by Section 4, and shall deliver in exchange, a new Bond or Bonds having an equal
aggregate principal amount, in authorized denominations, of the same form and maturity, bearing
interest at the same rate and registered in the name as requested by the then registered owner
thereof or its duly authorized attorney or legal representative. Any such exchange shall be at the
expense of the City, except that the Registrar may charge the person requesting such exchange
the amount of any tax or other governmental charge required to be paid with respect thereto.
The Registrar shall treat the registered owner as the person or entity exclusively entitled
to payment of principal, premium, if any, and interest and the exercise of all other rights and
powers of the owner, except that interest payments shall be made to the person or entity shown
as owner on the registration books as of the Record Date.
8. Sale of Bonds. The City Council approves the following terms of the sale of the
Bonds. The Bonds shall be sold by competitive bid in a principal amount to be determined by
the City Manager, in collaboration with the Financial Advisors, and subject to the limitations set
forth in paragraph 1, and the City Manager shall receive bids for the Bonds and award the Bonds
to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set
forth in paragraph 2. Following the sale of the Bonds, the City Manager shall file a certificate
with the City Clerk setting forth the final terms of the Bonds. The actions of the City Manager in
selling the Bonds shall be conclnsive, and no further action with respect to the sale and issuance
of the Bonds shall be necessary on the part of the City Council.
9. Notice of Sale. The City Manager, in collaboration with the Financial Advisors,
is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in
accordance with the form of Notice of Sale attached hereto, which is approved, provided that the
City Manager, in 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.
10. Official Statement. A draft of a Preliminary Official Statement describing the
Bonds, copies of which have been provided to the members of the City Council, is approved as
the form of the Preliminary Official Statement by which the Bonds will be offered for sale, with
such completions, omissions, insertions and changes not inconsistent with this Resolution as the
City Manager, in collaboration with the Financial Advisors, may consider appropriate. After the
Bonds have been sold, the City Manager, in collaboration with the Financial Advisors, shall
make such completions, omissions, insertions and changes in the Preliminary Official Statement
not inconsistent with this Resolution as are necessary or desirable to complete it as a final
Official Statement, execution thereof by the City Manager to constitute conclusive evidence of
his approval of any such completions, omissions, insertions and changes. The City shall arrange
for the delivery to the purchaser of the Bonds of a reasonable number of copies of the final
Official Statement, within seven business days after the Bonds have been sold, for delivery to
8
each potential investor requesting a copy of the Official Statement and to each person to whom
such purchaser initially sells Bonds.
11. Official Statement Deemed Final. The City Manager is authorized, on behalf of
the City, to deem the Preliminary Official Statement and the Official Statement in final form,
each to be final as of its date within the meaning of Rule 15c2-12 ("Rule 15c2-12") of the
Securities and Exchange Commission (the "SEC"), except for the omission in the Preliminary
Official Statement of certain pricing and other information permitted to be omitted pursuant to
Rule 15c2-12. The distribution of the Preliminary Official Statement and the Official Statement
in final form shall be conclusive evidence that each has been deemed final as of its date by the
City, except for the omission in the Preliminary Official Statement of such pricing and other
information permitted to be omitted pursuant to Rule 15c2-12.
12. Preparation and Delivery of Bonds. After bids have been received and the
Bonds have been awarded to the winning bidder, the officers of the City are authorized and
directed to take all proper steps to have the Bonds prepared and executed in accordance with
their terms and to deliver the Bonds to the purchaser thereof upon payment therefor.
13. Arbitrage Covenants. The City covenants that it shall not take or omit to take
any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within
the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations
issued pursuant thereto (the "Code"), or otherwise cause interest on the Bonds to be includable in
the gross income of the registered owners thereof under existing laws. Without limiting the
generality of the foregoing, the City shall comply with any provision of law that may require the
City at any time to rebate to the United States any part of the earnings derived fÌ'om the
investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally
recognized bond counsel that such compliance is not required to prevent interest on the Bonds
fÌ'om being includable in the gross income of the registered owners thereof under existing law.
The City shall pay any such required rebate fÌ'om its legally available funds.
14. Non-Arbitrage Certificate and Elections. Such officers of the City as may be
requested are authorized and directed to execute an appropriate certificate setting forth the
expected use and investment of the proceeds of the Bonds in order to show that such expected
use and investment will not violate the provisions of Section 148 of the Code, and any elections
such officers deem desirable regarding rebate of earnings to the United States, for purposes of
complying with Section 148 of the Code. Such certificate and elections shall be in such form as
may be requested by bond counsel for the City.
15. Limitation on Private Use. The City covenants that it shall not permit the
proceeds of the Bonds or the facilities financed with the proceeds of the Bonds to be used in any
manner that would result in (a) 5% or more of such proceeds or the facilities financed with such
proceeds being used in a trade or business carried on by any person other than a governmental
unit, as provided in Section 141 (b) of the Code, (b) 5% or more of such proceeds or the facilities
being financed with such proceeds being used with respect to any output facility (other than a
facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c)
5% or more of such proceeds being nsed directly or indirectly to make or fmance loans to any
persons other than a governmental unit, as provided in Section 141(c) of the Code; provided,
9
however, that if the City receives an opinion of nationally recognized bond counsel that any such
covenants need not be complied with to prevent the interest on the Bonds from being includable
in the gross income for federal income tax purposes of the registered owners thereof under
existing law, the City need not comply with such covenants.
16. Investment Authorization. The City Council hereby authorizes the Director of
Finance to direct the City Treasurer to utilize the State Non-Arbitrage Program of the
Commonwealth of Virginia ("SNAP") and the Virginia Arbitrage & Investment Management
Program ("AIM"), or either of them, in connection with the investment of the proceeds of the
Bonds, if the City Manager and the Director of Finance determine that the utilization of either
SNAP or AIM is in the best interest of the City. The City Council acknowledges 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.
17. Continuing Disclosure Agreement. The Mayor, the City Manager and such
officer or officers of the City as either may designate are hereby authorized and directed to
execute a continuing disclosure agreement setting forth the reports and notices to be filed by the
City and containing such covenants as may be necessary to assist the purchaser of the Bonds in
complying with the provisions of Rule 15c2-12 promulgated by the SEC. Such continuing
disclosure agreement shall be substantially in the form of the draft that has been provided to
members of the City Council, with such completions, omissions, insertions and changes that are
not inconsistent with this Resolution.
18. Other Actions. All other actions of officers of the City and the City Council in
conformity with the purposes and intent of this Resolution and in furtherance of the issuance and
sale of the Bonds are hereby ratified, approved and confirmed. The officers of the City are
authorized and directed to execute and deliver all certificates and instruments and to take all such
further action as may be considered necessary or desirable in connection with the issuance, sale
and delivery of the Bonds.
19. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in
conflict herewith are repealed.
20.
Effective Date. This Resolution shall take effect immediately.
Requires an affirmative vote by a majority of the members of the City Council.
Adopted by the Council of the City of Virginia Beach, Virginia, this - day of May,
2004.
10
APPROVED AS TO CONTENT:
QtÆl11f;t G WJJL{!-
Finance Department
CA-9211
OID/ordresN AB2004GOBONDRES.doc
R1-
April 30, 2004
APPROVED AS TO LEGAL
SUFFICIENCY:
~eç;; '5~,Çý-
City Attorney's Office
11
FORM OF CONTINUING DISCLOSURE AGREEMENT
This CONTINUING DISCLOSURE AGREEMENT dated as of , 2004 (the "Disclosure
Agreemenf'), is executed and delivered by the City of Virginia Beach, Virginia (the "City"), in connection
with the issuance by the City of its $65,000,000 General Obligation Public Improvement Bonds, Series of
2004A (the "Bonds"). The City hereby covenants and agrees as follows:
Section 1. Purpose. This Disclosure Agreement is being executed and delivered by the City for
the benefit of the holders of the Bonds and in order to assist the underwriters of the Bonds in complying
with the provisions of Section (b)(5)(i) of Rule 15c2-12 (the "Rule") promulgated by the Securities and
Exchange Commission (the "SEC") by providing certain annual financial information and material event
notices required by the Rule (collectively, "Continuing Disclosure").
Section 2. Annual Disclosure. (a) The City shall provide annually certain financial information
and operating data in accordance with the provisions of Section (b)(5)(i) of the Rule as follows:
(i) audited financial statements of the City, prepared in accordance with generally
accepted accounting principles; and
(Ii) the operating data with respect to the City of the type described in the section of the
City's Official Statement dated , 2004, entitled "Operating Data."
If the financial statements filed pursuant to Section 2(a) are not audited, the City shall file such statements
as audited when available.
(b) The City shall provide annually the financial information and operating data
described in subsection (a) above (collectively, the "Annual Disclosure") within 180 days after the end of
the City's fiscal year, commencing with the City's fiscal year ending June 30, 2004, to each nationally
recognized municipal securities information repository ("NRMSIR") and to the appropriate state
information depository if any then exists ("SID").
(c) Any Annual Disclosure may be included by specific reference to other documents
previously provided to each NRMSIR and to the SID or filed with the SEC; provided, however, that any
final official statement incorporated by reference must be available from the Municipal Securities
Rulemaking Board (the "MSRB").
(d) The City shall provide in a timely manner to each NRMSIR or the MSRB and to
the SID notice specifying any failure of the City to provide the Annual Disclosure by the date specified.
Section 3. Event Disclosure. The City shall provide in a timely manner to each NRMSIR or the
MSRB and to the SID notice of the occurrence of any of the following events with respect to the Bonds, if
material:
(a)
(b)
principal and interest payment delinquencies;
non-payment reiated defaults;
(c)
(d)
unscheduled draws on debt service reserves reflecting financial difficulties;
unscheduled draws on any credit enhancement reflecting financial difficulties;
(e)
(f)
substitution of credit or liquidity providers, or their failure to perform;
adverse tax opinions or events affecting the tax-exempt status of the Bonds;
C-1
(g)
(h)
modifications to rights of Bondholders;
bond calls;
(i)
defeasance of all or any portion of the Bonds;
release, substitution, or sale of property securing repayment of the Bonds; and
0)
(k)
rating changes.
Section 4. Termination. The obligations of the City will terminate upon the redemption,
defeasance (within the meaning of the Rule) or payment in full of all the Bonds.
Section 5. Amendment. The City may modify its obligations hereunder without the consent of
Bondholders, provided that this Disclosure Agreement as so modified complies with the Rule as it exists
at the time of modification. The City shall within a reasonable time thereafter send to each NRMSIR and
the SID a description of such modification(s).
Section 6. Defaults. (a) If the City faiis to comply with any covenant or obligation regarding
Continuing Disclosure specified in this Disclosure Agreement, any holder (within the meaning of the Rule)
of Bonds then outstanding may, by notice to the City, proceed to protect and enforce its rights and the
rights of the holders by an action for specific performance of the City's covenant to provide the Continuing
Disclosure.
(b) Notwithstanding anything herein to the contrary, any failure of the City to comply
with any obligation regarding Continuing Disclosure specified in this Disclosure Agreement (i) shall not be
deemed to constitute an event of default under the Bonds or the resolution providing for the issuance of
the Bonds and (ii) shall not give rise to any right or remedy other than that described in Section 6(a)
above.
Section 7. Additional Disclosure. The City may from time to time disclose certain information
and data in addition to the Continuing Disclosure. Notwithstanding anything herein to the contrary, the
City shall not incur any obligation to continue to provide, or to update, such additional information or data.
Section 8. Counterparts. This Disclosure Agreement may be executed in several counterparts
each of which shall be an original and all of which shall constitute but one and the same instrument.
Section 9. Governing Law. This Disclosure Agreement shall be construed and enforced in
accordance with the laws of the Commonwealth of Virginia.
CITY OF VIRGINIA BEACH, VIRGINIA
City Manager, City of Virginia Beach,
Virginia
C-2
OFFICIAL NOTICE OF SALE
CITY OF VIRGINIA BEACH, VIRGINIA
$65,000,000
GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDs, SERIES OF 2004A
Electronic bids only will be received by the City of Virginia Beach, Virginia (the "City"), in accordance
with this Official Notice of Sale until II :00 a.m, Local Time, on Wednesday, June 2, 2004 (the "Date of Sale"). In
the case of a malfunction in submitting an electronic bid, facsimile bids will be allowed, as more fully described
below.
Immediately thereafter, the bids will be publicly announced, and the City Manager will act upon the bids by
2:00 p.m, Local Time.
Bid Submission
Solely as an accommodation to bidders, electronic bids via BIDCOMPIPARITY (the "Electronic Bidding
System") will be accepted in accordance with this Official Notice of Sale. The City is using BIDCOMPIP ARlTY as
a communication mechanism to conduct the electronic bidding for the sale of $65,000,000 General Obligation
Public Improvement Bonds, Series of 2004A (the "Bonds"), as described herein. To the extent any instructions or
directions set forth in BIDCOMPIPARITY conflict with this Official Notice of Sale, the tenns of this Official
Notice of Sale shall control. Each bidder submitting an electronic bid agrees (i) that it is solely responsible for all
arrangements with BIDCOMPIPARITY, (ii) that BIDCOMPIPARITY is not acting as the agent of the City, and (iii)
that the City is not responsible for ensuring or verifying bidder compliance with any of the procedures of
BIDCOMPIPARITY. The City assumes no responsibility for, and each bidder expressly assumes the risks of and
responsibility for, any incomplete, inaccurate or untimely bid submitted by such bidder through
BIDCOMPIPARITY. Each bidder shall be solely responsible for making necessary arrangements to access the
Electronic Bidding System for pwposes of submitting its bid in a timely manner and in compliance with the
requirements of this Official Notice of Sale. Neither the City nor the Electronic Bidding System shall have any duty
or obligation to provide or assure such access to any bidder, and neither the City nor BIDCOMPIPARITY shall be
responsible for proper operation of, or have any liability for, any delays or interruptions of, or any damages caused
by, BIDCOMPIPARITY. For further information about BIDCOMPIPARlTY, potential bidders may contact
BIDCOMPIPARITY at 40 West 23" Street, 5'" Floor, New York, New York 10010, telephone (212) 404-8102.
In the event of a malfunction of the Electronic Bidding System, facsimile transmission bids will be
accepted up to II :00 a.m, Local Time, on the Date of Sale. Bidders choosing to submit bids in the case of a
malfunction by facsimile transmission shall use the following telecopier numbers for such transmission: (757) 427-
4302 or (757) 427-4135 (Attention: Patricia A. Phillips). Transmissions received after the deadline shall be rejected.
It is the responsibility of the bidder to ensure that the bid is legible, that the bid is received not later than 11:00 a.m,
Local Time, and that the bid is sent to one of the telecopier numbers set forth above. Illegible transmissions shall be
rejected. The City's financial advisors (Government Finance Associates, Inc. and ARD Government Finance
Group, collectively the "Financial Advisors") will verify receipt of each bid submitted through facsimile
transmission by contacting each bidder by telephone once the bid has been received. The City's Financial Advisors
will in no instance correct, alter or in any way change bids submitted through facsimile transmission. Neither the
City nor its Financial Advisors will be responsible for bids submitted by facsimile transmission not received in
accordance with the provisions of this Official Notice of Sale. Bidders electing to submit bids via facsimile
transmission will bear full and complete responsibility for the transmission of such bid.
Each bid must be unconditional.
Principal Redemption
The Bonds will be general obligation bonds of the City, dated June I, 2004 (the "Dated Date"), and will
mature serially or be subject to mandatory sinking fund redemptions on July IS in the years and amounts shown
below.
Due Julv IS
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
Amount
$3,250,000
3,250,000
3,250,000
3,250,000
3,250,000
3,250,000
3,250,000
3,250,000
3,250,000
3,250,000
Due Julv IS
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
Amount
$3,250,000
3,250,000
3,250,000
3,250,000
3,250,000
3,250,000
3,250,000
3,250,000
3,250,000
3,250,000
Serial Bonds, Term Bonds and Mandatory Sinking Fund Redemptions
Bidders may provide in the bid form for all of the Bonds to be issued as serial Bonds or may designate
consecutive annual principal amounts of the Bonds to be combined into not more than two Term Bonds. In the
event that a bidder chooses to specify a Term Bond, each such Term Bond shall be subject to mandatory sinking
fund redemption commencing on July IS of the fIrst year which bas been combined to form such Term Bond and
continuing on July IS in each year thereafter until the stated maturity of such Term Bond. The amount redeemed in
any year shall be equal to the principal amount for such year set forth in the amortization schedule above. Bonds to
be redeemed in any year by mandatory sinking fund redemption shall be redeemed at par and shall be selected by lot
fiom among the Bonds of the maturity being redeemed.
Description of the Bonds; Book-Entry Only System
The Bonds will be issued by means of a book-entry system with no disttibution of physical Bond
certificates made to the public. One Bond certificate for each maturity wiIl be issued to The Depository Trust
Company, New York, New York ("DTC"), or its nominee, and immobilized in its custody. The book-entry system
wiIl evidence beneficial ownership of the 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. Bond certificates registered in the name of Cede & Co. will be deposited
with DTC. Interest on the Bonds will be paid semiannually on July IS and January IS, beginning January 15,2005,
and principal on the Bonds wiIl be paid annually on July 15, begimring July IS, 2005, to DTC or its nominee as
registered owner of the Bonds. 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 will not be
responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or
persons acting through such participants.
DTC may discontinue providing its services as securities depository with respect to the Bonds at any time
2
by giving reasonable notice to the City. Under such circumstances, in the event that a successor securities
depository is not obtained, Bond certificates are required to be prepared, executed and delivered.
The City may decide to discontinue use of the system of book-entry transfers through DTC (or a successor
securities depository). In that case, either a successor depository will be selected by the City or Bond certificates
will be prepared, executed and delivered.
Optional Redemption
The Bonds that mature or are subject to mandatory sinking fund redemption on or before July 15,2014, are
not subject to optional redemption prior to their stated maturities. The Bonds that mature on and after July 15,2015,
will be subject to redemption beginning July 15,2014, in whole or in part at any time, at the option of the City, upon
payment of the par amount of principal so redeemed plus interest accrued and unpaid to the redemption date.
If less than all of the Bonds are called for redemption, the Bonds to be redeemed shall be selected by the
City's Director of Finance in such manner as may be deteInÚned to be in the best interest of the City. If less than all
of the Bonds of a particular maturity are called for redemption, DTC or any successor securities depository will
select the Bonds to be redeemed pursuant to its rules and procedures or, if the book-entry system is discontinued, the
Bonds to be redeemed will be selected by the City Treasurer, who has been appointed registrar (the "Registrar"), by
lot in such manner as the Registrar in its discretion may deteInÚne. In either case, each portion of the $5,000
principal amount is counted as one Bond for such purpose. The City will cause notice of the call for redemption
identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified
mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the
registered owner thereof. The City shall not be responsible for mailing notice of redemption to anyone other than
DTC or another qualified securities depository or its nominee unless no qualified securities depository is the
registered owner of the Bonds. If no qualified securities depository is the registered owner of the Bonds, notice of
redemption shall be mailed to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a
new Bond in principal amount equal to the unredeemed portion shall be issued to the registered owner upon the
surrender thereof.
Security
The Bonds will be general obligations of the City, secured by a pledge of the City's full faith and credit and
unlimited taxing power.
Use of Bond Proceeds
As described in more detail in the City's Preliminary Official Statement, dated, 2003, the Bonds are
being issued for the purpose of providing funds for various public improvements and to pay the costs of issuance
related to the Bonds.
Bidding Rules; Award of Bonds
Bidders may only bid to purchase all of the Bonds. Bidders are invited to name the rate or rates of interest
per annum which the Bonds are to bear in multiples of one-twentieth (!l20th) or one-eighth (!18th) of one percent.
All Bonds maturing on the same date must bear interest at the same rate. Any number of rates may be named
provided that (a) the highest rate of interest may not exceed the lowest rate of interest by more than 3 percentage
points, and (b) the highest rate of interest stated for any maturity may not exceed 5.5% per annum. No bid for less
than 99% of par plus accrued interest (computed on the basis of a 360-day year and twelve 30-day months) from the
Dated Date to the delivery of the Bonds shall be considered. The City reserves the right to reject any or all bids
(regardless of the interest rate bid), to reject any bid not complying with this Official Notice of Sale and, so far as
permitted by law, to waive any irregularity or infonnality with respect to any bid or the bidding process.
3
As promptly as reasonably possible after the bids are received, the City will notify the bidder to whom the
Bonds will be awarded, ifand when such award is made. Such bidder, upon such notice, shall advise the City of the
initial reoffering prices or yields to the public of each maturity of the Bonds (the "Initial Reoffering Prices or
Yields") and details regarding the anticipated use of a municipal bond insurance policy, if any, in connection with
the Bonds. The successful bidder must sell to the public 10% or more in par amount of the Bonds from each
maturity at the Imtial Reoffering Prices or Yields. All bids will remain fIrm for a period of no less than five
hours after the time specified for the opening of bids. An award of the Bonds, if made, will be made by the City
within such three hour period or, with the express consent of the bidders, such longer time period as deemed
necessary.
Unless all bids are rejected, the Bonds will be awarded to the bidder complying with the terms of this
Official Notice of Sale and submitting a bid which provides the lowest "true" interest cost to the City. True interest
cost shall be determined for each bid by doubling the semiannual interest rate, compounded semiannually, necessary
to discount the debt service payments from the payment dates to the Dated Date and to the bid price, such bid price
excluding interest accrued to the date of settlement. If more than one bid offers the same lowest true interest cost,
the successful bid will be selected by the City Manager by lot. The City reserves the right to reject any or all bids
and to waive any irregularity or informality with respect to any bid.
Bids for the Bonds shall not be conditioned upon obtaining insurance or any other credit enhancement. If a
bidder proposes to obtain a policy of municipal bond insurance or any other credit enhancement, any such purchase
of insurance or conunittnent therefor shall be at the sole option and expense of the bidder, and the bidder must pay
any increased costs of issuance of the Bonds as a result of such insurance or conunittnent. Any failure by the bidder
to obtain such a policy of insurance shall not in any way relieve such bidder of its contractual obligations arising
from the acceptance of its bid for the purchase of the Bonds.
Good Faith Deposit
Each bid must be accompamed by a certified or cashier's check for $650,000 drawn upon an incorporated
bank or trust company authorized to transact business in the Commonwealth of Virginia or in the City of New York
and payable unconditionally to the order of the City of Virginia Beach, Virginia, to secure the City against any loss
resulting from the failure of the successful bidder to comply with the terms of its bid. The check of the successful
bidder will be deposited and credited toward the purchase price, and no interest will be allowed thereon to accrue to
the benefit of the successful bidder. The proceeds of the check will be retained by the City as liquidated damages in
case the successful bidder fails to accept delivery of and pay for the Bonds. Checks of unsuccessful bidders will be
returned promptly upon award of the Bonds. Bidders must also clearly indicate to whom the check should be
returned in the event of an unsuccessful bid.
In lieu of the check described above, the deposit may be in the form of a Financial Surety Bond in the
amount of $650,000 payable to the City. The Financial Surety Bond must be from an insurance company acceptable
to the City and licensed to issue such a bond in the Conunonwealth of Virginia, and such Financial Surety Bond
must be submitted to the City prior to the opening of the bids and must be in a form acceptable to the City. The
Financial Surety Bond must identify each bidder whose deposit is guaranteed by such Financial Surety Bond. If the
Bonds are awarded to a bidder utilizing a Financial Surety Bond, then such successful bidder is required to submit
its deposit to the City in the form of a cashier's or certified check or wire transfer not later than 11:00 a.m, Local
Time, on the next business day following the award. If such deposit is not received by such time, the Financial
Surety Bond may be drawn by the City to satisfy the deposit requirement.
Bidders submitting an electromc or facsimile bid must deliver the good faith check (or, in lieu thereof, a
Financial Surety Bond) by 11 :00 a.m, Local Time, on June 2, 2004, to Patricia A. Phillips, Director of Finance,
Virginia Beach Municipal Center, City Hall Building, Room 220, Virginia Beach, Virginia 23456.
4
Delivery of the Bonds
The Bonds will be delivered at the expense of the City in New York, New York, through the facilities of
DTC on or about JWle 16, 2004.
Concurrently with the delivery of the Bonds, the City will furnish to the successful bidder without cost (a) a
certificate dated the date of delivery of the Bonds, signed by the appropriate City officials and stating that no
litigation of any kind is then pending or, to the best of their information, knowledge and belief, threatened against
the City to restrain or enjoin the issuance or delivery of the Bonds or the levy or collection of ad valorem taxes and
(b) certificates dated the date of delivery of the Bonds, stating that the descriptions and statements in the Official
Statement (except in the sections entitled "Book-Entry System" and "Tax Exemption" and in the colunms "Price/
Yield" and "CUSIP No," on the inside cover), on the date of the Official Statement and on the date of delivery of the
Bonds, were and are true and correct in all material respects, did not and do not contain an Wltrue statement of a
material fact or omit to state a material fact required to be stated therein or necessary to make such descriptions and
statements, in light of the circumstances WIder which they were made, not misleading. Such certificates will also
state, however, that such City officials did not independently verifY the information indicated in the Official
Statement as having been obtained or derived fiom sources other than the City and its officers but they have no
reason to believe that such information is not accurate.
Certificate of Winning Bidder
The successful bidder must, by facsimile transmission or ovemight delivery received by the City within 24
hours after receipt of the bids for the Bonds, furnish the following information to the City to complete the Official
Statement in final form, as described below:
A.
The offering prices for the Bonds (expressed as the price or yield per maturity, exclusive of any
accrued interest).
B.
Selling compensation (aggregate total anticipated compensation to the Wlderwriters expressed in
dollars, based on the expectation that all Bonds are sold at the prices or yields described in Subpart
A above).
c.
The identity of the Wlderwriters if the successful bidder is a part ora group or syndicate.
D.
Any other material information necessary to complete the Official Statement in final form but not
known to the City.
Prior to the delivery of the Bonds, the successful bidder shall furnish to the City a certificate in form
acceptable to bond counsel, to the effect that the successful bidder has made a bona fide public offering of the Bonds
at the initial public offering prices set forth in such certificate, that the successful bidder has complied with Rule G-
37 of the MUIÚcipal Securities Rulemaking Board (the "MSRB") with respect to the City and that a substantial
amoWlt of the Bonds of each maturity were sold to the public (excluding bond houses, brokers and other
intermediaries) at such initial public offering prices. Such certificate shall state that (I) it is made on the best
knowledge, information and belief of the successful bidder and (2) 10% or more in par amoWlt of the Bonds of each
maturity was sold to the public at the initial public offering price (such amoWlt being sufficient to establish the sale
ora substantial amoWlt of the Bonds).
CUSIP Numbers
It is anticipated that CUSIP identification numbers will be printed on the Bonds, but neither the failure to
print such numbers on any Bond nor any error with respect thereto shall constitute cause for failure or refusal by the
successful bidder thereof to accept delivery of and pay for the Bonds in accordance with the terms of its bid. The
City will assume responsibility for the expense of the initial printing of CUSIP numbers; provided, however, that the
City assumes no responsibility for any CUSIP Service Bureau or other charges that may be imposed for the
5
. --. "---- ------ ------------
assignment of such numbers. All expenses in connection with the assignment of CUSIP numbers shall be paid by
the successful bidder. It shall be the obligation of the successful bidder to furnish to DTC an underwrÜer
questionnaire and to the City the CUSIP numbers for the Bonds within two business days following the date of
award.
Official Statement
The City will furnish the successful bidder at the expense of the City up to 500 copies of the final Official
Statement within seven business days from the date of the award of the Bonds, as specified in Rule 15c2-l2 (the
"Rule") of the Securities and Exchange Commission (the "SEC") and the rules of the MSRB provided that minor
delays in furnishing such final Official Statement will not be a basis for failure to pay for and accept delivery of the
Bonds. Additional copies will be made available at the successful bidder's request and expense. The City assumes
no responsibility or obligation for the distribution or delivery of the Official Statement to anyone other than the
successful bidder.
The successful bidder, by executing the Official Bid Fo=, agrees to provide one copy of the Official
Statement to at least one Nationally Recognized Municipal Securities Information Repository ("NRMSIR") within
the meaning of the Rule upon receipt of the Official Statement from the City and two copies of the Official
Statement (with any required forms) to the MSRB or its designee no later than ten business days following the Date
of Sale. The successful bidder shall notify the City as soon as practicable of (I) the date which is the end of the
underwriting period (such "underwriting period" is described in the Rule), and (2) the date of filing the Official
Statement with a NRMSIR and MSRB or its designee.
If the Bonds are awarded to a syndicate, the City will designate the senior managing underwriter of the
syndicate as its agent for pwposes of distributing copies of the Official Statement to each participating underwriter.
Any underwriter executing and delivering a bid form with respect to the Bonds agrees thereby that if its bid is
accepted it shall accept such designation and shall enter into a contractual relationship with all participating
underwriters for the pwposes of assuring the receipt and distribution by each such participating underwriter of the
Official Statement, unless another flt111 is so designated by the syndicate in writing and approved by the City.
Legal Opinion
The approving opinion of Hunton & Williams LLP, Riclnnond, Virginia, with respect to the Bonds will be
furnished to the successful bidder at the expense of the City and will state that the Bonds constitute valid and legally
binding obligations of the City and that its Council is authorized and required by law, unless other funds are lawfully
available and appropriated for timely payment of the Bonds, to levy and collect an annual ad valorem tax, over and
above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable
property in the City sufficient to pay the principal of and interest on the Bonds as the same become due.
Federal and State Securities Laws
No action has been taken to qualify the Bonds under the federal securities laws.
Tax Exemption
The Official Statement relating to the Bonds contains a discussion of the effect of the Internal Revenue
Code of 1986, as amended, on the exclusion from gross income of interest on the Bonds and a discussion of the
opinion of Hunton & Williams LLP insofar as it concerns such exclusion.
Continuing Disclosure
To assist the successful bidder in complying with the Rule, the City will agree, pursuant to the Continuing
Disclosure Agreement, to provide certain annual financial information and operating data and notices of the
occurrence of certain events, if material. A description of this undertaking is set forth in the Preliminary Official
6
Statement for the Bonds and will also be set forth in the final Official Statement for the Bonds (See Appendix C of
the Preliminary Official Statement dated , 2004).
Change ofOate and Time for Receipt of Bids
The City expects to take bids on the Bonds on June 2, 2004. However, the City reserves the right to
postpone the date and time established for the receipt of bids. Any such postponement will be announced by the
TM3 newswire, or any other such service. If the receipt of bids is postponed, any alternative date for receipt of bids
will be announced via the TM3 news wire, or any other such service. Any bidder must submit a bid for the purchase
of the Bonds on such alternative sale date in confonnity with the provisions of this Official Notice of Sale, except
for any changes announced via the TM3 news wire, or any other such service, as described therein.
Additional Information
For further information relating to the Bonds and the City, reference is made to the City's Preliminary
Official Statement. The City has deemed the Preliminary Official Statement to be fmal as of its date within the
meaning of the Rule, except for the omission of certain pricing and other information pennitted to be omitted
pursuant to the Rule. The Official Bid Fonn and the Preliminary Official Statement may be obtained from the
City's Financial Advisors, Government Finance Associates, Inc., (telephone 212-521-4090) and ARD Government
Finance Group, (telephone 703-807-5700).
CITY OF VIRGINIA BEACH, VIRGINIA
By: James K. Spore
City Manager
Dated:
,2004
7
OFFICIAL BID FORM
Electronic bids (or facsimile bids as provided in the Official Notice of Sale) must be submitted by II :00 am, Local Time.
To: City Manager June 2, 2004
Office of the City Manager
Virginia Beach, Virginia 23456
On behalf of the finn(s) listed below and pursuant to the terms and conditions listed in the City's Official Notice of Sale, we offer
to purchase the $65,000,000 General Obligation Public Improvement Bonds, Series of 2OO4A (the "Bonds"), of the City of
Virginia Beach, Virginia, dated June I, 2004. This offer is made for all of the Bonds and for not less than all, maturing on July
15 in the years shown below. The schedule of maturities and interest rates upon which this bid is based are as follows:
Maturitv Amount Rate Maturitv Amount Rate
2005 $3,250,000 2015 $3,250,000
2006 3,250,000 2016 3,250,000
2007 3,250,000 2017 3,250,000
2008 3,250,000 2018 3,250,000
2009 3,250,000 2019 3,250,000
2010 3,250,000 2020 3,250,000
2011 3,250,000 2021 3,250,000
2012 3,250,000 2022 3,250,000
2013 3,250,000 2023 3,250,000
2014 3,250,000 2024 3,250,000
(CROSS OUT THE SERIAL BOND MA TURlTlES BEING BID AS TERM BONDS.)
Term Bonds (Optional- No More Than Two Tenn Bonds)
First Year of Mandatorv
Redemotion
Year of Maturitv
Total Princioal Amounts
Rate
-
_%
_%
(LEAVE BLANK IF NO TERM BONDS ARE SPECIFIED)
We will pay $ ,which is not less than $64,350,000 or not less than 99% ofpar (representing a discount or
premium of $ ), plus accrued interest from the date of the Bonds to the date of delivery and will accept
delivery ofthe Bonds by means afa book-entry system at The Depository Trust Company, New York, NY.
Please indicate the appropriate choice:
We have posted a surety bond in the amount of $650,000. If awarded the bid, we will deliver to the City $650,000 in
good faith money by II :00 a.m., Local Time, on the next business day immediately following the date of award, or the
City will draw upon the surety bond and apply it in accordance with the Official Notice of Sale against any loss
resulting from the successful bidder failing to comply with the tenDS of this bid.
We enclose (or previously delivered) a certified or cashier's check for $650,000 drawn upon an incorporated bank or
trust company as detailed in the Official Notice of Sale and payable unconditionally to the order of the City of Virginia
Beach, Virginia, which is to be applied in accordance with the Official Notice of Sale against any loss resulting from
the successful bidder failing to comply with the terms of this bid.
The good faith money will be deposited and credited on the purchase price, and no interest will be credited thereon to the
successful bidder. The proceeds of the check will be retained by the City as liquidated damages in case the successful bidder
fails to accept delivery of and pay for the Bonds. Checks of unsuccessful bidders will be returoed promptly upon award of the
Bonds.
The undersigned hereby acknowledges receipt and review of the Preliminary Official Statement referred to in the Official Notice
of Sale. Respectfully submitted,
(Name of Bidding Firm)
(Authorized Signature)
(Name & Phone Number of
Contact Person)
The good faith check has been returned and receipt thereof is duly acknowledged.
NO ADDITION OR AL TERA TION, EXCEPT AS PROVIDED ABOVE, SHOULD BE MADE TO THIS BID.
(NOTE - The following is stated for information only and is not part of this bid: The true interest cost of this bid, calculated in
accordance with the Official Notice of Sale, is % (to six decimal places).
A list afthe members of our syndicate is attached.)
ITEM:
CITY OF VIRGINIA BEACH
AGENDA ITEM
A RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY
THE IMPLEMENTATION OF A BIENNIAL CITY BUDGET FOR
FISCAL PLANNING PURPOSES
MEETING DATE:
May 11, 2004
.
Background: The City currently adopts a budget annually, as required by state
law. A biennial budget might be helpful for planning purposes, but there may be
disadvantages. This resolution would establish a task force to evaluate the
benefits and drawbacks of a biennial City budget for planning purposes.
.
Considerations: The task force would consist of three members of City Council,
two School Board members, the City Manager and/or his designee, and the
Superintendent of Schools and/or his designee. The task force's duties would
include consulting with the City's Management Services Department and the
School Division's Budget Development Office, studying the use of biennial
budgets by other govemmental entities, evaluating the advantages and
disadvantages of biennial budgets, and determining how such a budget could be
used by the City. The task force would be required to prepare monthly progress
reports and present a final report to City Council on or before September 28,
2004.
.
Public Information: The resolution requires no special advertising and will be
advertised as an ordinary agenda item. Once constituted, the Joint Task Force
to Study the Implementation of a Biennial Budget will be fully subject to the
requirements of the Freedom of Information Act.
.
Recommendation: Adoption of the resolution.
.
Attachment: Resolution.
Recommended Action: Adoption.
Submitting Department/Agency: Requested by Councilmembers Ron Villanueva, Peter
Schmidt, and Jim Wood.
City Manager:
10
11
12
13
14
15
16
17
1
2
3
4
5
6
7
8
Requested by Councilmembers Ron Villanueva, Peter
Schmidt and Jim Wood
A RESOLUTION ESTABLSHING A TASK FORCE TO
STUDY THE IMPLEMENTATION OF A BIENNIAL CITY
BUDGET FOR FISCAL PLANNING PURPOSES
WHEREAS,
the City of Virginia Beach presently adopts
9
an annual budget, as required by state law; and
WHEREAS,
biennial
budget
be
benefit
in
a
may
of
managing the City's resources and for planning purposes, and the
use
of
such
budget,
along with
any benefit
drawbacks,
a
or
should be evaluated by the City Council and the School Board.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1.
A Joint Task Force to Study the Implementation of
a Biennial Budget (~Task Force") is hereby established.
18
2.
The membership of the Task Force shall include
19
three members of the City Council,
two members of the School
20
Board,
the
City
and/or
his
designee,
the
and
Manager
21
Superintendent of Schools and/or his designee.
22
3.
The Task Force's duties shall include consulting
23
wi th staff from the City's Management Services Department and
24
the School
Division's Budget Development Office,
studying the
25
of
biennial
budgets
by
other
governmental
entities,
use
26
evaluating the advantages or disadvantages of biennial budgets,
27
and determining how a biennial budget could be employed by the
28
City.
29
30
4.
The Task Force,
assisted by City and School
staff, shall prepare monthly reports on its progress, and on or
31
before
September
28,
2004,
shall prepare
and
the Task
Force
32
present the report to the City Council on its findings.
33
34
35
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of , 2004.
CA-9260
H:\GG\OrdRes\BiennialTaskForce.res.doc
R-3
May 4, 2004
APPROVED AS TO LEGAL SUFFICIENCY:
~~~
City Attorney's Of~
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CITY OF VIRGINIA BEACH
AGENDA ITEM
)
--
ITEM: Resolution concurring with the issuance by the Norfolk Airport Authority of Bank-
Qualified Tax-Exempt Revenue Bonds in an amount not to exceed $7,500,000 to be
issued for Virginia Wesleyan College to construct and equip student housing facilities at
the College's campus located at 1584 Wesleyan Drive, Virginia Beach, Virginia
MEETING DATE: May 11,2004
.
Background:
The City of Virginia Beach has been asked to consider the request of Virginia
Wesleyan College (the "College") for concurrence with the issuance by the
Norfolk Airport Authority (the "Airport Authority") of up to $7,500,000 in Bank-
Qualified Tax-Exempt revenue bonds to assist the College in (i) undertaking the
construction and equipping of student housing facilities at the College's campus
located at 1584 Wesleyan Drive in Virginia Beach, Virginia; and (ii) pay certain
costs of issuance relating to the bonds.
The City of Virginia Beach Development Authority is unable to provide Bank-
Qualified Tax-Exempt financing to the College.
.
Considerations:
The matter comes before Council for its approval pursuant to § 15.2-4905 of the
Code of Virginia which requires the City Council to concur with the issuance of the
bonds by the Norfolk Airport Authority.
Although the City of Virginia Beach Development Authority adopted a multi-
jurisdictional bond fee policy, Bank-Qualified bonds such as these are specifically
excluded from the policy.
.
Public Information:
The request was duly advertised on April 1, 2004 and April 8, 2004 for public
hearing before the City of Virginia Beach Development Authority, which has adopted
a Resolution recommending that the City Council approve the issuance of the
bonds.
.
Alternatives:
Not Approve, which would result in the bonds not being issued for the facilities.
.
Recommendations:
Approval
. Attachments:
IDP Submission to Council
Location Map
Resolution for City of Virginia Beach
Affidavit and Notice of Public Hearing
Record of Public Hearing
Development Authority's Resolution
Disclosure Statement
Authority's Statement
Fiscal Impact Statement
Summary Sheet
Letter from Department of Economic Development dated April 15, 2004
Resolution of Norfolk Airport Authority
APPROVAL
Submitting Department/Agency: Development Authority
~~~~::::::~~:: ~::9]7J.Wd"
VIRGINIA
BEACH
Virginia Beach
Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
(757) 437.6464
FAX (757) 499.9894
Web"te.' www.vbgov.com
April 15,2004
The Honorable Meyera E, Oberndorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, V A 23456
Re:
Virginia Wesleyan College
Revenue Bonds
Dear Mayor Oberndorf and Members of City Council:
We submit the following in connection with the project for Virginia Wesleyan College,
located at 1584 Wesleyan Drive in the City of Virginia Beach, Virginia,
(1) Evidence of publication of the notice of hearing is attached as Exhibit B, and a
summary of the statements made at the public hearing is attached as Exhibit C. The City of Virginia
Beach Development Authority's (the "Authority") resolution recommending Council's approval is
attached as Exhibit D ,
(2) The Disclosure Statement is attached as Exhibit E .
(3) The statement of the Authority's reasons for its approval as a benefit for the City of
Virginia Beach and its recommendation that City Council approve the bonds described above is
attached as Exhibit F.
(4) The Fiscal Impact Statement is attached as Exhibit G.
(5) Attached as Exhibit H is a summary sheet setting forth the type of issue, and identifYing
the Project and the principals,
------..
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
April 15,2004
Page 2
(6) Attached as Exhibit I is a letter from the appropriate City department commenting on
the Project.
(7) Attached as Exhibit J is an Inducement Resolution fÌom the Norfolk Airport Authority .
Very truly yours,
~
Chairman
JVH/DJG/mlg
Enclosures
N
=
N
;
PROJECT NAME
Virginia Wesleyan College Revenue Bonds
PROJECT LOCATION:
1584 Wesleyan Drive
Virginia Beach, VA
TYPE OF PROJECT:
Student Housing Facilities
----------------
1
2
3
4
5
6
7
8
9
A RESOLUTION CONCURRING WITH THE
ISSUANCE BY THE NORFOLK AIRPORT
AUTHORITY OF REVENUE BONDS IN AN
AMOUNT NOT TO EXCEED $7,500,000 FOR
THE BENEFIT OF VIRGINIA WESLEYAN
COLLEGE
WHEREAS, there has been described to the City of Virginia Beach Development
10
Authority (the Authority), the plans Virginia Wesleyan College (the College) and the Norfolk
11
Airport Authority (the Norfolk Airport Authority) with respect to the following plan of finance:
12
to issue up to $7,500,000 in bank-qualified tax-exempt revenue bonds to assist the College in (i)
13
undertaking the construction and equipping of student housing facilities at the College's campus
14
located at 1584 Wesleyan Drive in Virginia Beach, Virginia, and (ii) to pay certain costs of
15
issuance relating to the such bonds; and
16
WHEREAS, it has been represented to the Council that the above facilities will be owned
17
by the College and will be located in Virginia Beach, Virginia; and
18
WHEREAS, it has been represented to the Council that a public hearing with respect to
19
the bonds as required by Virginia law and the Internal Revenue Code of 1986, as amended (the
20
Code), was held by the Authority on April 15, 2004, and
21
WHEREAS, it has been represented to the Council that the Norfolk Airport Authority
22
held a public hearing with respect to the bonds on March 25, 2004, and adopted an approving
23
resolution (the Norfolk Airport Authority Resolution) with respect to the bonds on that date; and
24
WHEREAS, the Authority has adopted a resolution recommending that the City Council
25
of the City of Virginia Beach (the Council) concur with the Norfolk Airport Authority
26
Resolution; and
27
28
WHEREAS, Sections 15.2-4905 and 15.2-4906 of the Code of Virginia of 1950, as
amended (the Virginia Code), provide that the Council must concur with the adoption of the
29
Norfolk Airport Authority Resolution and approve the issuance of the bonds prior to the issuance
30
ofthe bonds; and
31
WHEREAS, the Code provides that the highest elected governmental officials of the
32
governmental unit having jurisdiction over the area in which any facility financed with the
33
proceeds of private activity bonds is located shall approve the issuance of such bonds; and
34
WHEREAS, the financed property is to be located in the City of Virginia Beach and the
35
members of the Council constitute the highest elected governmental officials of the City of
36
Virginia Beach; and
37
WHEREAS, a copy of the Norfolk Airport Authority Resolution, the Authority's
38
resolution and a statement in the form prescribed by Section 15.2-4907 of the Virginia Code have
39
been filed with the Council.
40
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
41
VIRGINIA BEACH:
42
1.
The Council concurs with the adoption of the Norfolk Airport Authority
43
Resolution and approves the issuance of the bonds described in this resolution by the Norfolk
44
Airport Authority to the extent required by the Code and Sections 15.2-4905 and 15.2-4906 of the
45
Virginia Code.
46
2.
The concurrence with the Norfolk Airport Authority Resolution, and the approval
47
of the issuance of the bonds, as required by the Code and Sections 15.2-4905 and 15.2-4906 of
48
the Virginia Code, does not constitute an endorsement to a prospective purchaser of the bonds of
49
the creditworthiness of the College and the bonds shall provide that the City of Virginia Beach
50
shall not be obligated to pay the bonds or the interest thereon or other costs incident thereto and
51
neither the faith or credit nor the taxing power of the Commonwealth of Virginia or the City of
52
Virginia Beach shaH be pledged thereto.
53
3.
This resolution shall take effect immediately upon its adoption.
54
55
56
Adopted by the Council of the City of Virginia Beach on the - day of
57
,2004.
58
59
60
61
62
63
64
65
CA9173
April 7, 2004
66
67
68
69
70
#903449 vI
F\D,uIATY\F_IDEVAUTHIBDNDIWORK\DA 1570 v",. W~"" c,n",IVB CITYCOUNCILdoc
Exhibit A
THE VIRGINIAN-PILOT
NORFOLK, VIRGINIA
AFFIDAVIT OF PUBLICATION
The Virginian-Pilot
--------------------------------------------------+---------------------------
This day,
and after
I
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I
I
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I
I
I
I
I
I
D. Johnson personally appeared before me I
being duly sworn, made oath that, I
I
I
I
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I
I
1
I
I
I
I
I
I
I
I
I
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I
AD SPACE, 80 LINE I
I
KAUFMAN & CANOLES, P. C.
150 W MAIN ST
NORFOLK VA 23510
REFERENCE, 10236406
11304450
903443va
NOTICE OF PUBLIC HEA
State of Virginia
City of Norfolk
1) She is affidavit clerk of The Virginian-Pilot,
a newspaper published by Landmark Communications
Inc., in the cities of Norfolk, Portsmouth,
Chesapeake, Suffolk, and Virginia Beach, Common-
wealth of Virginia and in the state of North
Carolina 2)That the advertisement hereto annexed
has been published in said newspaper on the date
stated.
PUBLISHED ON, 04/01 04/08
TOTAL COST,
FILED ON,
- ------- ----- --- n- --+-- - n_- --- _un_- -- --- -- ---
. I
ity and state on the day and year
Januar
31, 2008
Exhibit B
NOTICE OF PUBLIC HEARING TO BE HELD BY
THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
FOR THE BENEFIT OF VIRGINIA WESLEYAN COLLEGE
Notice is hereby given that the City of Virginia Beach Development Authority (the
Virginia Beach Authority), whose address is 222 Central Park Avenue, Suite 1000, Virginia
Beach, Virginia 23462, will hold a public hearing on the plan of financing of Virginia Wesleyan
College (the College), whose principal business address is 1584 Wesleyan Drive, Norfolk,
Virginia 23502, for the issuance by the Norfolk Airport Authority (the Norfolk Authority) of up
to $7,500,000 in bank-qualified tax-exempt revenue bonds to assist the College in (i) undertaking
the construction and equipping of student housing facilities at the College's campus located at
1584 Wesleyan Drive in Virginia Beach, Virginia, and (ii) to pay certain costs of issuance
relating to the such bonds. The public hearing, which may be continued or adjoumed, will be
held at 2:00 p.m. on April 15, 2004, before the Virginia Beach Authority at its offices located at
222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia 23462. All of such facilities will
be owned by the College. Any person interested in the issuance of the bonds should appear and
be heard. Any person who is disabled and will require an accommodation in order to participate
in the public hearing may call the Virginia Beach Authority at 437-6464. Please place such call
at least three (3) days in advance of the meeting and public hearing. The bonds will not constitute
a debt or pledge of the faith and credit of the Commonwealth of Virginia or any political
subdivision thereof, including the Virginia Beach Authority. Neither the Commonwealth of
Virginia nor any political subdivision thereof, including the Virginia Beach Authority, shall be
obligated to pay the bonds, or the interest thereon, or other costs incident thereto, except nom the
revenues and monies pledged therefor, and neither the faith and credit nor the taxing power of
the Commonwealth of Virginia nor any political subdivision thereof, including the Virginia
Beach Authority, will be pledged to the payment of the principal of or interest on such bonds or
other costs incident thereto.
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
To be vublished in The Vire:inian Pilot on Thursday. Avril 1. 2004. and Thursdav. Avril 8.
2004
#903443 vI - VA WESLEY AN/2004/NOTICE OF PUBLIC HEARING (VEDA)
Exhibit C
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING
2004 REVENUE BOND (VIRGINIA WESLEYAN COLLEGE)
At 2:00 p.m. on April15, 2004, the Chairman of the City of Virginia Beach Development
Authority (the "Authority") announced the commencement of a public hearing on the request of
Virginia Wesleyan College ("College"), and that a notice of public hearing was published once a
week for two consecutive weeks in The Virginian-Pilot, the second publication being not less
than six (6) days nor more than twenty-one (21) days prior to the hearing. The Chairman
indicated that a copy of the notice and a certificate of publication of such notice have been or will
be filed with the records of the Authority and will be provided to the Clerk of the City Council of
the City of Virginia Beach.
The following individual appeared and addressed the Authority: Mr. George Conso1vo
appeared on behalf of College. Mr. Consolvo described the revenue bonds of College which will
be utilized to finance: (i) the construction and equipping of student housing facilities at the
College's campus located at 1584 Wesleyan Drive in Virginia Beach, Virginia, and (ii) to pay
certain costs of issuance relating to the such bonds.
The Chairman closed the public hearing.
The Authority then adopted a resolution (a) recommending that the Council of the City of
Virginia Beach approve the issuance of the bonds in an amount up to $7,500,000, (b) directing
the transmission of a Fiscal Impact Statement with respect to the bonds to the Council of the City
of Virginia Beach and (c) requesting that its recommendation be received at the next regular or
special meeting at which this matter can be properly placed on the Council's agenda for hearing.
#903452 vI
Exhibit D
RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
WHEREAS, there has been described to the City of Virginia Beach Development
Authority (the Authority), the plans Virginia Wesleyan College (the College) and the Norfolk
Airport Authority (the Norfolk Airport Authority) with respect to the following plan of finance:
to issue up to $7,500,000 in bank-qualified tax-exempt revenue bonds to assist the College in (i)
undertaking the construction and equipping of student housing facilities at the College's campus
located at 1584 Wesleyan Drive in Virginia Beach, Virginia, and (ii) to pay certain costs of
issuance relating to the such bonds; and
WHEREAS, the above facilities will be owned by the College and will be located in
Virginia Beach, Virginia; and
WHEREAS, a public hearing with respect to the bonds as required by Virginia law and
the Internal Revenue Code of 1986, as amended (the Code), was held by the Authority on April
15,2004, and
WHEREAS, it has been represented to the Authority that the Norfolk Airport Authority
held a public hearing with respect to the bonds on March 25, 2004, and adopted an approving
resolution (the Norfolk Airport Authority Resolution) with respect to the bonds on that date; and
WHEREAS, it has been represented to the Authority that the College has elected to
proceed with a plan of finance pursuant to which the bonds will sold to Bank of America, N.A.;
and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY:
1. It is hereby found and determined that the issuance of the bonds will benefit the
inhabitants of the City of Virginia Beach and prornote their education, welfare, convenience and
prosperity.
2. To assist the College, the Authority hereby reconnnends that the City Council of
the City of Virginia Beach, Virginia (the Council), concur with the Norfolk Airport Authority
Resolution, the form of which has been presented at this meeting, as required by §15.2-4905 of
the Code of Virginia of 1950, as amended (the Virginia Code), and hereby directs the Chairman
or Vice Chairman of the Authority to submit to the Council the statement in the form prescribed
by §15.2-4907 of the Virginia Code, a reasonably detailed summary of the continents expressed
at the public hearing held by the Authority pursuant to §15.2-4906 of the Virginia Code, and a
copy of this resolution.
3. All costs and expenses in connection with the financing plan shall be paid from
the proceeds of the bonds to the extent permitted by law or from funds of the College and the
Authority shall have no responsibility therefor.
4. All acts of the officers of the Authority which 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 confirmed.
5. As the bonds are expected to be bank-qualified tax-exempt obligations of the
Norfolk Airport Authority, the Authority's multi-jurisdictional fee policy shall not apply to the
bonds.
6.
This resolution shall take effect immediately upon its adoption.
The undersigned hereby certifies that the above resolution was duly adopted by a roll call
vote of the commissioners of the City of Virginia Beach Development Authority at a meeting
duly called and held on April15, 2004, and that such resolution is in full force and effect on the
date hereof.
Dated: A í' r : I
1<:
,2004
Secret, City of Virginia Beach Development
Authority
#903450 vi
2
- ---.----.--
Exhibit E
DISCLOSURE STATEMENT
pop.;!
Date: MfH'eft -.1L, 2004
Applicant's Name(s): Virginia Wesleyan College
All Owners (if different ÍÌ"om applicant): N/A
Type of Application:
Rezoning: From
To
Conditional Use Permit:
Street Closure:
Subdivision Variance:
Other: Bond Financing
******************************************************************************
The following is to be completed by or for the Applicant:
1.
If the applicant is a CORPORATION, list all the officers of the Corporation:
See attached schedule.
2.
If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all
members or partners in the organization: N/A
The following is to be cqmp1eted by or for the Owner (if different ÍÌ"om the applicant)
1.
If the Owner is a CORPORATION, list all the officers of the Corporation: N/A
2.
If the Owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all
members or partners in the organization: N/ A
VIRGINIA WESLEYAN COLLEGE
~
Vi Prèsident
----.,.
Schedule to
Disclosure Statement
BOARD OF DIRECTORS AND OFFICERS OF
VIRGINIA WESLEY AN COLLEGE
Chairman - Joan P. Brock
Vice Chairman - Vincent J. Mastracco, Jr.
Secretary - John A Trinder
Treasurer - Richard D. Roberts
Jane P. Batten
David L. Bernd
George Y. Birdsong
S. Frank Blocker, Jr.
Gary D. Bonnewell
RobertF. Boyd
Joan P. Brock
Thomas C. Broyles
Robert Collenburg II
B. Minette Cooper
John M. Cox
Robert H. DeFord, Jr.
O. L. Everett
William J. Fanney
William W. Granger, Jr.
William T. Greer, Jr. ex officio
James W. Griffiths
Charles E. Harris
Ernest T. Herndon, Jr. ex officio
James A. Hewitt, ill ex officio
Lemuel E. Lewis
#903446 vI
John E. Lingo, Jr.
Frederick V. Martin
Vincent J. Mastracco, Jr.
Charles McFadden
D. Michael Meloy ex officio
E. George Middleton, Jr.
Emily S. Miles
Joe E. Pennel, Jr. ex officio
Robin D. Ray
Richard D. Roberts
Ralph G. Roop
Jeanne P. Ross
Georgia A. Ryder
Joseph G. Savinsky ex officio
Anne B. Shurnadine
Vincent J. Thomas
Susan A. Tonna
John A. Trinder
D. Henry Watts
Benjamin J. Willis, Jr.
Trustees Emeriti
Jerry G. Bray, Jr.
Helen C. Hoffman
Henry Clay Hofheimer, Jr.
H. P. McNeal
Kenneth R. Perry
Mary Wright Thrasher
Exhibit F
VIRGINIA
BEP~CH
Virginia Beach
Development Authority
222 Central Park Avenue, Su;,e 1000
Virginia Beach, VA 23462
(757)437-6464
FAX (757) 499-9894
Websi".. www.vbgov.com
NORFOLK AIRPORT AUTHORITY
VIRGINIA WESLEYAN COLLEGE
REVENUE BONDS
The Authority recommends approval of the captioned financing. The financing
will benefit the citizens of the City of Virginia Beach, Virginia by providing improved
student housing facilities, which promote the education and welfare of the City's citizens.
Exhibit G
FISCAL IMP ACf STATEMENT
SUBMITIED TO THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
The undersigned applicant, in order to pennit the City of Virginia Beach Development Authority submission of
the following infonnation in compliance with Section 15.2-4907 of the Code of Virginia of 1950, as amended, states:
Name of applicant: Virginia Wesleyan College
Facility: Student Housing on Campus of Virginia Wesleyan College
6.
a.
Estimated dollar value per year of goods that will be purchased
from Virginia companies within the locality
$7,500,000
N/A
N/A
N/A
N/A
$
$
$
$
200
$38,000
1.
Maximtnn amount of fmancing sought
2.
Estimated taxable value of facility's real property to be
constructed in the locality
3.
Estimated real property tax per year using present tax rates
4.
Estimated personal property tax per year using present tax rates
5.
Estimated merchants capital tax per year using present tax rates
b.
Estimated dollar value per year of goods that will be purchased
from non-Virginia companies within the locality
c.
Estimated dollar value per year of services that will be purchased
from Virginia companies within the locality
d.
Estimated dollar value per year of services that will be purchased
from non-Virginia companies within the locality
7.
Estimated number of regular employees on year round basis (FTE)
8.
Average annual salary per employee
Dated: April 15,2004
VIRGINIA WESLEYAN COLLEGE
By:
Vice President - Finance
#903441 v1
By:
FISCAL IMPACT STATEMENT
SUBMITTED TO TIlE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
The undersigned applican~ in order to permit the City of Virginia Beach Development Authority submission of
the following information in compliance with Section 15.2-4907 of the Code of Virginia of 1950, as amended, states:
Name of applicant: Virginia Wesleyan College
Facility: Student Housing on Campus of Virginia Wesleyan College
1.
Maximwn amount of financing sought
$7,500,000
2.
Estimated taxable value of facility's real property to be
constructed in the locality
N/A
3.
Estimated rea! property tax per year using present tax rates
N/A
4.
Estimated personal property tax per year using present tax rates
N/A
5.
Estimated merchant's capital tax per year using present tax rates
N/A
6.
a.
Estimated dollar value per year of goods that will be purcbased
from Virginia companies within the locality
$30,000
b.
Estimated dollar value per year of goods that will be purcbased
from non-Virginia companies within the locality
$5,000
c.
Estimated dollar value per year of services that will be purcbased
from Virginia companies within the locality
$144,000
d.
Estimated dollar va!ue per year of services that will be purcbased
from non-Virginia companies within the locality
$111,000
7.
Estimated number of regular employees on year round basis (FTE)
8.
Average annnal sa!ary per employee
$25,000
Dated: April 15,2004
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
By:
Chainnan
#903441 vI
Exhibit H
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
CONCURRENCE WITH NORFOLK AIRPORT AUTHORITY
VIRGINIA WESLEYAN COLLEGE REVENUE BONDS
1. PROJECT NAME:
2. LOCATION:
3. DESCRIPTION OF PROJECT:
4. AMOUNT OF BOND ISSUE:
5. PRINCIPALS:
6. ZONING CLASSIFICATION:
VIRGINIA WESLEY AN COLLEGE
STUDENT HOUSING FACILITIES
1584 Wesleyan Drive
Virginia Beach, Virginia
Student housing
$7,500,000
See attached list of officers and directors
a.
Present zoning classification
of the Property
b.
Is rezoning proposed:
Yes-
No..1L
c.
If so, to what zoning classification? N/ A
Schedule to
Sununary Sheet
BOARD OF DIRECTORS AND OFFICERS OF
VIRGINIA WESLEY AN COLLEGE
OFFICERS
President
Vice President for Academic Affairs
Vice President for Business Affairs
Vice President for College Relations
Vice President for Emollment Management
Vice President for Information Services
Vice President for Student Mfairs
BOARD OF TRUSTEES
G. Robert Ashton, Jr.
Jane P. Batten
David L. Bernd
George Y. Birdsong
S. Frank Blocker
Gary D. Bonnewell
Robert F. Boyd
Joan P. Brock
Thomas C. Broyles
B. Minette Cooper
Van H. Cunningham
Robert H. DeFord, Jr.
Willard E. Douglas, Jr.
William J. Fanney
Emily Harkins Filer
Richard S. Foster
David Furman
William W. Granger, Jr.
James W. Griffiths
Robert V. L. Hartwell
Mrs. Walter E. Hoffman
Frederick V. Martin
Vincent J. Mastracco, Jr.
E. George Middleton
#903447 vI - VA WESLEY AN/ZO04/SUMMARY SHEET
Dr. William T. Greer, Jr.
Dr. Stephen S. Mansfield
William T. Joseph
James R. Bergdoll
Richard Hinshaw
Rene Perez-Lopez
David E. Buckingham
Robin D. Ray
Richard D. Roberts
Ralph G. Roop
Jeanne P. Ross
Georgia A. Ryder
Vincent J. Thomas
Mary W. Thrasher
John A. Trinder
D. Henry Watts
Benjamin J. Willis, Jr.
Exhibit I
VIRGINIA
BEACH
Virginia Beach
Development Authority
222 Central Park Avenue. Suite 1000
YJrginia Beach. VA 23462
(757) 437-6464
FAX (757) 499-9894
Webs;'" www.vbgov.oom
April 15,2004
Mr. Robert G. Jones
Chairman
Virginia Beach Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
Re: Virginia Wesleyan College Revenue Bond Financing
Dear Bob:
The Department of Economic Development concurs with the issuance of revenue bonds
by the Norfolk Airport Authority in an amount not to exceed $7,500,000 for Virginia Wesleyan
College.
These funds are to be utilized for the construction and equipping of student housing
facilities on the campus of Virginia Wesleyan College located at 1584 Wesleyan Drive in
Virginia Beach, Virginia. It is the finding of the Department of Economic Development that
these facilities are necessary to support the increase in the number of students due to the growth
of Virginia Wesleyan College in recent years.
I will be happy to answer any questions you may have at our meeting of April 15tb.
Sincerely,
~avU
Mark R. Wawner
Project Development Manager
MRW:lls
Exhibit J
RESOLUTION OF
NORFOLK AIRPORT AUTIIORITY
FOR
VIRGINIA WESLEYAN COLLEGE
WHEREAS, there has been described to the Norfolk Airport Authority (the Authority) the
plans of Virginia Wesleyan College (the College) whose principal place of business is 1584
Wesleyan Drive, Norfolk, Virginia 23502, for the issuance of the Authority's Bond (hereinafter
defined) in an amount not to exceed $7,500,000 to assist the College (a) in undertaking the
construction and equipping of a dormitory at the College's campus located at 1584 Wesleyan
Drive in Norfolk, Virginia, and (b) in financing of the payment of certain costs of issuing the
Bond; and
WHEREAS, the above làcility (the Project) will be owned by the College; and
WHEREAS, the College in its appearance befure the Authority has described the benefits to
be derived ftom the above undertaIcings and has requested the Authority to agree to issue the Bond
under Chapter 463 of the Acts of Assembly of1948, as amended (the Act); and
WHEREAS, the College has elected to proceed with a plan of finance pursuant to which
the Bond will be privately placed with Bank of America, NA (the Lender), for its own account and
fur investment pwposes; and
WHEREAS, a public hearing with respect to the Bond as required by Virginia Jaw and the
Internal Revenue Code of 1986, as amended (the Code), has been held at this meeting; and
WHEREAS, there have been presented to this meeting the furms of the following
documents and instruments which the Authority proposes to execute to carry out the transactions
described above:
(a) Bond Purchase and Sale Agreement (the Agreement), among the Authority,
the College and the Lender, together with the College's promissory note (the Note) executed and
delivered pursuant to the Agreement.
(b) The Authority's 2004 Revenue Bond (Virginia Wesleyan College) (the
Bond), in registered furm, bearing interest at the variable rate, payable and dated as set furth therein.
BE IT RESOLVED BY THE NORFOLK AIRPORT AUTIIORlTY:
1. The recitals made in the preambles to this resolution are hereby adopted as a
part of this resolution.
2. It is hereby found and determined that the issuance of the Bond for the
purposes described herein will promote education in the City of Norfolk, the City of Virginia
Beach and the Commonwealth of Virginia.
3. To assist the College to finance the Project, and to pay costs of issuance ofthe
Bond, the Authority hereby agrees to undertake the issuance of the Bond upon terms and
conditions set forth in the Agreement. Principal of and premium, if any, and interest on the
Bond shall be limited obligations of the Authority payable solely 1Ì'om the revenues and
receipts derived by the Authority 1Ì'om the College or other available funds provided by the
College. The principal of and premium, if any, and interest on the Bond shall not be deemed to
constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia or any
political subdivision thereof; including the Authority and the City of Norfolk. Neither the
Commonwealth of Virginia nor any political subdivision thereof; including the Authority and
the City of Norfolk, shall be obligated to pay the principal of or premium, if any, or interest on
the Bond or other costs incident thereto except 1Ì'om revenues and receipts derived by the
Authority 1Ì'om the College or other available funds provided by the College, and neither the
faith and credit nor the taxing power of the Commonwealth of Virginia or any political
subdivision thereof; including the Authority and the City of Norfolk, will be pledged to the
payment for principal of or premium, if any, or interest on the Bond or other costs incident
thereto. No covenant, condition or agreement contained in the Bond or in any financing
instrument executed and delivered in connection therewith shall be deemed to be a covenant,
agreement or obligation of any present, past or future commissioner, officer, employee or
agent of the Authority in his individual capacity, and no officer of the Authority executing the
Bond or any other :financing document or instrument shall be liable personally thereon or
subject to any personal liability or accountability by reason of the issuance or execution
thereof.
4. The Authority hereby recommends and requests that the City Council of the
City of Norfolk (the Council) approve the issuance of the Bond in accordance with Virginia
law and the Code. The Authority hereby directs the Chairman, Vice Chairman or Executive
Director of the Authority to submit to the Council the statement in the form prescnòed by
§ 15.2-4907 of the Virginia Code, a reasonably detailed summary of the comments expressed
at the public hearing held at this meeting pursuant to § 15.2-4906 of the Virginia Code, and a
copy of this resolution.
5. It having been represented to the Authority that it is necessary to proceed
immediately with the financing of the Project, the Authority agrees that the College may
proceed with plans for the Project, enter into contracts for acquisition, construction and
equipping and take such other steps as the College may deem appropriate in connection
therewith, provided that nothing herein shall be deemed to authorize the College to obligate
the Authority without its consent in each instance to the payment of any monies or the
performance of any acts in connection with the Project. The Authority hereby agrees that the
College may be reimbursed 1Ì'om the proceeds of the Bond for all costs so expended 1Ì'om and
after the date of this resolution together with costs previously expended by the College within
sixty (60) days prior to the date of this resolution with respect to the Project.
2
6. The College and the Lender having requested the appointment of Kaufinan &
Cano1es, P .C., Norfolk, Virginia, as Bond Counsel in connection with the issuance of the Bond, and
the Authority having detennined that Kaufinan & Canoles, P.C., constitutes a firm of attorneys
which is licensed to practice Jaw in Virginia and which is listed in the latest edition of The Bond
Buver's MarketPlace: Municipal Bond Attorneys. the Authority hereby appoints Kaufinan &
Canoles, P.C., as Bond Counsel to supervise the proceedings and approve the issuance of the Bond.
7. The Chairman, Vice Chairman or Executive Director of the Authority is hereby
authorized and directed to execute and deliver the Agreement. The Chairman, Vice Chairman or
Executive Director of the Authority is hereby authorized and directed to execute, the Secretary or
Assistant Secretary is authorized and directed to affix and attest the seal of the Authority, and either
is authorized and directed to deliver the Bond to the Lender upon the terms provided in the
Agreement. All terms of the Bond are by this reference thereto incorporated herein as a part of this
resolution.
8. The Chairman, Vice Chairman or Executive Director of the Authority is hereby
authorized and directed to execute and deliver an assigmnent of the Note and of the rights of the
Authority under the Agreement (except for the rights reserved to the Authority therein).
9. The Agreement, the Note and the Bond shall be in substantially the forms presented
at this meeting, which are hereby approved, with such completions, omissions, insertions and
changes as may be approved by the officers of the Authority executing them and by counsel to the
Authority, such officers' execution to constitute conclusive evidence of approval of any such
omissions, insertions and changes.
10. The officers of the Authority are hereby authorized and directed to execute and
deliver all certificates and instrwnents, including Internal Revenue Service Form 8038, and to take
all such further action as they may consider necessary or desirable in connection with the issuance
and sale of the Bond.
11. The Authority hereby designates the Bond and a bond approved on the date hereof
for the benefit of Norfolk Botanical Garden Society, Incorporated "qualified tax-exempt
obligations" of the Authority for calendar year 2004 within the meaning of the provisions of Section
265(b)(3) of the Code; provided, however, that such designation is conditioned upon the aggregate
principal amount of the Bond and such bond not exceeding $10,000,000.
12. All costs and expenses in connection with the financing plan, including the fees of
the Authority and the fees and expenses of Bond Counsel, counsel to the Authority, counsel to the
College and counsel to the Lender, shall be paid :lÌom the proceeds of the Bond to the extent
permitted by Jawor ftom funds of the College. If for any reason the Bond is not issued, it is
understood that all such expenses shall be paid by the College and that the Authority shall have no
responsibility therefor.
3
13. It is understood that the financing documents shaIl provide that the College shaIl
indemnifÿ and save bannless the Authority, its officers, commissioners, employees and agents ftom
and against all liabilities, obligations, cJaj¡ns, damages, penalties, fines, losses, costs and expenses in
any way connected with the adoption of this resolution and the issuance and sale of the Bond.
14. The Bond shaIl not be issued until all public hearings have been held as required by
the Act and the Code and until all governmental approvals as required by the Act and the Code have
been obtained.
15. An other acts of the officers of the Authority which are in conformity with the
purposes and intent of this resolution and in furtherance of the issuance and sale of the Bond are
hereby approved and confirmed.
16.
This resolution shaIl take effect immediately upon its adoption.
The undersigned hereby certifies that the above resolution was duly adopted by the
commissioners of the Norfolk Airport Authority at a meeting duly ca11ed and held on March 25,
2004, and that suçh resolution is in full force and effect on the date hereof:
Dated: March ~ 2004
#896280.3 - VA WESLEY AN/2OO41AurnORßY APPROVING RESOLUIlON
4
i;
~.d
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
RESOLUTION APPOINTING CHRISTIANNA R. DOUGHERTY-
CUNNINGHAM AND LUCIA G. WHITLOW AS ASSISTANT CITY
ATTORNEYS
MEETING DATE: May 11, 2004
.
Background:
Section 2-166 of the City Code provides that "[t]he city council may, from time to
time, upon recommendation of the city attorney, appoint such deputy and
assistant city attorneys as it may deem necessary to serve at the pleasure of the
city attorney."
.
Considerations:
The proposed appointments of Christianna R. Dougherty-Cunningham and Lucia
G. Whitlow will fill existing vacancies in the City Attorney's Office.
.
Attachments:
Resolution
Recommended Action: Approval
Submitting Department/Agency: City Attorney ~ ~^
City Manager: u~
1
2
3
4
A RESOLUTXON APPOXNTXNG CHRXSTXANNA R.
DOUGHERTY-CUNNXNGHAM AND LUC:IA G.
WHXTLOW AS ASSXSTANT CXTY ATTORNEYS
5
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6
VIRGINIA:
7
That, pursuant to § 2-166 of the Code of the City of Virginia
8
Beach, Christianna R. Dougherty-Cunningham and Lucia G. Whitlow are
9
hereby appointed as Assistant City Attorneys, effective May 16,
10
2004.
11
12
Adopted by
the
Council
of
the
City
of Virginia
Beach,
13
Virginia, on the ------ day of
, 2004.
14
15
16
17
18
19
20
21
22
23
24
25
26
CA9237
H:\GG\Ordres\cunninghamappointres.doc
R2
April 30, 2004
APPROVED AS TO LEGAL
SUFFICIENCY:
. /.~
,c. 'l
~:~ J ,J¡}ß.<-oL-., '
City Attorney's Offi~e
L.
1.
PLANNING
Applications for Variances to § 4.4(b) of the Subdivision Ordinance that reqnires all
newly created lots meet all the requirements of the City Zoning Ordinance (CZO):
a.
TIDEWATER CONVENIENCE, L.L.C., at 1689 Laskin Road
(DISTRICT 5 - L YNNHA VEN)
FLOYD E. WATERFIELD, JR. at 1680 Mill Landing Road.
(DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
b.
APPROVAL
2.
Application ofMALBON BROS. PETROLEUM, L.L.C. for Modification of Proffers
re size and access on a Conditional Change of Zoning approved by City Council on July
5, 2000, (Beach Builders, Inc.) on the north side of Culver Lane east of General Booth
Boulevard
(DISTRICT 7- PRINCESS ANNE)
RECOMMENDATION:
APPROVAL
3.
Application of OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM
ASSOC., INc. for a Modification of Conditions to add boatlifts applicable to a
Conditional Use Permit for a community pier approved by City Council on November
28,2000, and allow installation of up to seventy-five (75) boat lifts at 3665 Sandpiper
Road.
(DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
APPROVAL
fifE aU-CON
$UND'AY, ÁPRIL 25, 2004
NOTICE OF PUBUC HEARING
Virginia Beach City Council will meet in the Chamber at City Hall,
Municipal Center, 2401 Courthouse Drive, Tuesday, May 11, 2004, at
6:00 p.m. The following applications will beheard: .
DISTRICT 7 - PRINCESS ANNE
1.
AIII',,"1 to Decisions of Administrative Officers re certain elements of
StlbdiÍlision Ordinance, Subdivision for Floyd E. Waterfield, Jr. at 1680
Miff Landing Road. .
2.
Maibon Bros. Petroleum, L.L.C. Application: Modifica~on of Proffers
for application approved by City Council on July 5, 2000 (Beach Build-
ers, Inc.) on the north side of Culver Lane.
3.
Outdoor ResMs of Virginia Beach Condominium Assoc., Inc. Applica-
tion: Modification of a Conditional Use Pennit for a community pier
approved by City Council on November 28, 2000 at 3665 Sandpiper
Road.
DISTRICr S '.LYNNHAVEN
4.
Appeal to Decisions of Administrative Officers re certain elements of
the Subdivision Ordinance, Subdivision for Tidewater Convenience,
L.L.C at 1689 Laskin Road.
All interested citizens are invited to attend.
rJ-"'""4v/ d -
Ruth Hodges Smith, MMC
City Clerk
BEACON: APRIL 25 and MAY 2, 2004 11378040
SUNDAY, MAY 2, 2004
NonCE OF PUBUC HEARING
Virginia Beach City Council will meet in the Chamber at City Hall,
MunICipal Center, 2401 Courthouse Drive, Tuesday, May 11, 2004, at
6:00 p.m. The following applications will be heard:
DISTRICT 7 . PRINCESS ANNE
1.
Appeal to DecisiOfls of Administrative Officers re certain elements of
Subdivision Ordinance, Subdivision for Roy<! E. Waterfield, Jr. at 1680
Mill Landing Rosd.
2.
Malbon Bros. Petroleum, L.LC. Applica~Ofl: Modifrèàtion of Proffers
to< application approved by City Council on July 5, 2000 (Beach Build-
ers, Inc.) Ofl the north side of Culver Lane.
3.
Outdoor Resorts of Virginia Beach Condominium Assòc.. Inc. Applica-
tion: Modification of a ConditiOflal Use Penn~ for a community pier
approved by City Council on November 28, 2000 at 3665 Sandpiper
Road.
DISTRICT 5 - LYNNHAVEN
4.
Appeal to Decisions of Administrative Officers re certain elements of
'he Subdivision Ordinance, Subdivision for Tidewater Convenience
LLC at 1689 Laskin Road. '
All interested ci~zens are invited to attend.
[J-c7<! / d-
Ruth Hodges Sm~h, MMC
City Clerk
BEACON: APRIL 25 and MAY 2,2004 11378040
;>0
,.J
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Tidewater Convenience, LLC. - Subdivision Variance
MEETING DATE: May 11, 2004
.
Background:
Appeal to Decisions of Administrative Officers in regard to certain elements of the
Subdivision Ordinance, Subdivision for Tidewater Convenience, L.L.C. Property
is located at 1689 Laskin Road (GPIN 24078806210000). DISTRICT 5-
LYNNHAVEN
.
Considerations:
It is the intent of the applicant to subdivide the parcel into two (2) lots: Site 1 with
23,359 square feet and Site 2 with 40,904 square feet. Site 1 is the only parcel
that will require a Subdivision Variance for the required lot widths for both Laskin
Road and First Colonial Road.
This parcel, under sole ownership, has been divided up into leased parcels for
many years. Further, the size of the parcel has been altered a number of times
through acquisitions that occurred as part of improvements to Laskin Road and
First Colonial Roads. As was recommended to the applicant with the Conditional
Use Permit request for the car wash (yet to be constructed) in 2002,
incorporating the approximately 17,000 square feet of property to the south (a
portion of Site 2) would provide more land for the ultimate redesign of the total
site. The applicant has explained that the parcel to the south is "tied up" in a
long-term lease with the drug store to the east (to ensure visibility from First
Colonial Road). The applicant, however, has also noted that it is their intent to
acquire the proposed site to the south when it becomes available. The applicant
has also worked with the representative of the property owner to establish that
when either Site 1 or the parcel to the south redevelops, the existing access
points to those parcels will be closed and a single entrance will be provided at
the parcel line between the two parcels. This access point is generally consistent
with that shown on the preliminary design plans for the First Colonial Road
project.
The Planning Commission placed this item on the consent agenda because the
applicant and the City have agreed on access to this site and the adjacent
property consistent with improvement plans for First Colonial Road and the
Tidewater Convenience
Page 2 of 2
proposal is compatible with surrounding properties. Staff recommended
approval. There was no opposition to the request.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 9-0 to approve
this request with the following conditions:
1. Subdivision of the property shall be substantially as depicted on the
submitted plan entitled, "Preliminary Subdivision of Property of Floyd t.
Deary, Et Als, Virginia Beach, Virginia," dated July 21, 2003.
2. When development occurs on either proposed Site 1 or the portion of
proposed Site 2 shown as Lease Parcel 2 on the above-referenced plan,
the existing access points to those parcels from First Colonial Road will be
closed and a single entrance will be provided between the two parcels as
depicted on the plan entitled "Entrance Location for Resubdivision of
Property, 1689 Laskin Road, Virginia Beach, Virginia," dated 8 Mar 04.
Further, a no ingress-egress easement shall be provided along the First
Colonial Road frontage except at the point of access shown on said plan.
.
Attachments:
Staff Review
Disclosure Statement
Plannin9 Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Departmen~
COy .'M"'T Ie qr~
~~,y,
¿¿ .~ KO6-214-SVR-2004
.-0
~~ E~~TIDEWATER CONVENIENCE, L.L.C.
(.'I.~... ::iJ..
\}::~....~ø Agenda Item # 15
"'~.;::;~:.;":' April 14, 2004 Public Hearing
Staff Planner: Carolyn AK Smith
The following report is prepared by the staff of the Virginia Beach Department of
Planning to provide data, information, and professional land use recommendations to
the Planning Commission and the City Council to assist them in making a decision
regarding this application.
Location and General Information
The Planning Commission deferred this request at the February 11 and March 10,
2004 hearings to provide time for the Staff and the applicant to discuss possible
alternatives to the requested variance.
Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance
that requires all newly created lots meet all the requirements of the
City Zoning Ordinance
REQUEST:
LOCATION:
Property
located at
1689 Laskin
Road.
TIDEWATER CONVENIENCE
Agenda Item # 15
Page 1
GPIN:
COUNCIL
ELECTION
DISTRICT:
SITE SIZE:
EXISTING
LAND USE:
24078806210000
5 - L YNNHAVEN
1.47 acres
There is an existing gas station, a drug store and parking on and
surrounding the site.
East:
West:
. Laskin Road, restaurant, fuel sales / B-2
Community Business District
. Retail, restaurant / B-2 Community Business
District
. Retail / B-2 Community Business District
. First Colonial Road, retail / B-2 Community
Business District
SURROUNDING North:
LAND USE AND
ZONING: South:
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
AICUZ:
There are no significant environmental features on this site as it is
almost entirely impervious. The parcel is within the Chesapeake Bay
watershed.
The site is in an AICUZ of greater than 75dB Ldn surrounding NAS
Oceana.
Summary of Proposa
Existing Lot: The existing lot is approximately 1.47 acres (64,263 square feet).
Proposed Lots: It is the intent of the applicant to subdivide the parcel into two (2) lots:
Site 1 with 23,359 square feet and Site 2 with 40,904 square feet. Site 1 is the only
parcel that will require a Subdivision Variance for the required lot widths for both Laskin
Road and First Colonial Road.
TIDEWATER CONVENIENCE
Agenda Item # 15
Page 2
ltøm Reauired smu
Lot Width in feet First
Colonial Road 150 * 126.79**
Lot Width in Feet Laskin
Road 210 * 132.39 **
Lot Area in square feet 20,000 i 23,359
* per Sec. 4.4(c)(2)(ii) of the Subdivision Ordinance for corner lots
** variance required
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TIDEWATER CONVENIENCE
Agenda Item # 15
Page 3
Comprehensive Plan
The Comprehensive Plan recognizes this area as Strategic Growth Area 7 -
Hilltop/North Oceana Area. This area has great potential for contributing more in the
future toward the well being of the city. Page 76 of the Comprehensive Plan states that
"Although Hilltop presently is a high volume commercial area, and to some extent a high
quality commercial area, there are land uses present that are incongruous with this
character." It continues on page 77 to say that "...special attention should be paid to
quality site and building design... to increase the overall attractiveness of this area.
The continued use of the parcel is consistent with the Plan's recommendation as non-
residential uses including office and retail are acceptable due in part to AICUZ issues
surrounding properties in this Area. However, emphasis should be placed on general
beautification of the area and developing and redeveloping this Strategic Growth with a
high level of quality.
Staff Evaluation
Staff recommends approval of this request with the conditions below.
Section 9.3 of the Subdivision Ordinance states:
No variance shall be authorized by the Council unless it finds that:
D.
Strict application of the ordinance would produce undue hardship.
The authorization of the variance will not be of substantial detriment to
adjacent property, and the character of the neighborhood will not be
adversely affected.
The problem involved is not of so general or recurring a nature as to make
reasonably practicable the formulation of general regulations to be
adopted as an amendment to the ordinance.
The hardship is created by the physical character of the property,
including dimensions and topography, or by other extraordinary situation
or condition of such property, or by the use or development of property
A.
B.
C.
TIDEWATER CONVENIENCE
Agenda Item#15
Page 4
E.
immediately adjacent thereto. Personal or self-inflicted hardship shall not
be considered as grounds for the issuance of a variance.
The hardship is created by the requirements of the zoning district in which
the property is located at the time the variance is authorized whenever
such variance pertains to provisions of the Zoning Ordinance incorporated
by reference in this ordinance.
Staff's evaluation of this request reveals the proposal, through the submitted materials,
presents a unique case justifying the granting of a variance to the requirements of the
Subdivision Ordinance.
This parcel, under sole ownership, has been divided up into leased parcels for many
years. Further, the size of the parcel has been altered a number of times through
acquisitions that occurred as part of improvements to Laskin Road and First Colonial
Roads. As was recommended to the applicant with the Conditional Use Permit request
for the car wash (yet to be constructed) in 2002, incorporating the approximately 17,000
square feet of property to the south (a portion of Site 2) would provide more land for the
ultimate redesign of the total site. The applicant has explained that the parcel to the
south is "tied up" in a long-term lease with the drug store to the east (to ensure visibility
from First Colonial Road). The applicant, however, has also noted that it is their intent
to acquire proposed the site to the south when it becomes available. The applicant has
also worked with the representative of the property owner to establish that when either
Site 1 or the parcel to the south redevelops, the existing access points to those parcels
will be closed and a single entrance will be provided at the parcel line between the two
parcels. This access point is generally consistent with that shown on the preliminary
design plans for the First Colonial Road project.
Staff, therefore, recommends approval of this request subject to the following
conditions:
1. Subdivision of the property shall be substantially as depicted on the submitted
plan entitled, "Preliminary Subdivision of Property of Floyd t. Deary, Et Als,
Virginia Beach, Virginia," dated July 21, 2003.
2. When development occurs on either proposed Site 1 or the portion of proposed
Site 2 shown as Lease Parcel 2 on the above-referenced plan, the existing
access points to those parcels from First Colonial Road will be closed and a
single entrance will be provided between the two parcels as depicted on the plan
entitled "Entrance Location for Resubdivision of Property, 1689 Laskin Road,
Virginia Beach, Virginia," dated 8 Mar 04. Further, a no ingress-egress easement
shall be provided along the First Colonial Road frontage except at the point of
access shown on said plan.
TIDEWATER CONVENIENCE
Agenda Item # 15
Page 5
NOTE:
Further conditions may be required during the
administration of a licable Ci Ordinances.
TIDEWATER CONVENIENCE
Agenda Item # 15
Page 6
ff"_WW,,""-'"
Supplemental Information
Zonina History
Map K-6
Mð No' '° Scðle
1# I DATE I REQUEST I ACTION
1 Conditional Use Permit (car wash) Granted
06-19-78 Conditional Use Permit (fuel sales) Granted
2 12-07-99 Enlargement of a Nonconforming Use Denied
3 02-23-99 Change of Zoning (R-10 Residential District to Granted
Conditional B-2 Community Business District)
4 10-24-95 Conditional Use Permit (church) Granted
12-14-81 Conditional Use Permit (church) Granted
5 03-12-90 Reconsideration of Conditions Granted
TIDEWATER CONVENIENCE
Agenda Item # 15
Page 7
08-22-88
6 10-12-87
7 09-15-86
8 06-19-78
9 02-27-78
Conditional Use Permit (auto repair)
Conditional Use Permit (auto repair)
Conditional Use Permit (auto repair)
Conditional Use Permit (fuel sales)
Conditional Use Permit (miniature golf)
Granted
Granted
Granted
Granted
Granted
Public Aaencv Comments
Public Works
This site will be impacted by Capital Improvement Plan project CIP 2-156 that is under
design that includes improvements to both First Colonial and Laskin Roads. This is in
conjunction with the Laskin Road Phase I Virginia Department of Transportation
roadway improvement project. These improvements will include a right turn lane on
northbound First Colonial Road at Laskin Road and a continuous right turn lane on
eastbound Laskin Road in front of the site.
Public Utilities
There is an eight (8) inch water main in Laskin Road and both an
eight (8) inch and a twelve inch water main in First Colonial Road.
This site is currentl connected to Cit water.
Public Safety
Police:
The applicant is encouraged to contact and work with the
Crime Prevention Office within the Police Department for
crime prevention techniques and Crime Prevention
Through Environmental Design (CPTED) concepts and
strate ies as the ertain to this site.
I Adequate, no comments.
I Fire and Rescue:
TIDEWATER CONVENIENCE
Agenda Item # 15
Page 8
Exhibits
Exhibit A
Aerial of Site
Location
TIDEWATER CONVENIENCE
Agenda Item # 15
Page 9
Exhibit B-1
Proposed
Subdivision
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TIDEWATER CONVENIENCE
Agenda Item # 15
Page 12
Item #15
Tidewater Convenience, LLC.
Appeal to Decisions of Administrative Officers in regard
to certain elements of the Subdivision Ordinance
1689 Laskin Road
District 5
Lynnhaven
April14,2004
CONSENT
Ronald Ripley: The last item on the consent agenda is Item #15. It's an application of
Tidewater Convenience, LLC. Appeal to Decision of Administrative Officers in regard
to certain elements of the Subdivision Ordinance, Subdivision of Tidewater Convenience,
LLC. Property is located at 1689 Laskin Road. It is located in the Lynnhaven District.
Would you come forward please?
John Richardson: Yes sir.
Ronald Ripley: Is there any opposition to this item?
John Richardson: Mr. Ripley, members of the Commission. My name is John
Richardson. I'm a local attorney. I represent the applicant. I reviewed the conditions
that are stated and they are agreeable to my client.
William Din: Thank you Mr. Richardson.
John Richardson: Thank you.
Ronald Ripley: Gene, are you commenting?
William Din: Gene is commenting on this item.
Eugene Crabtree: This was before us last month and we deferred it so that the City and
the applicant could get together on a couple of things because of the road repairs in the
sense of that is going to go in along Laskin Road and First Colonial. They got together
and they have redone the curb cut and a shared use driveway between the applicant and
the property next to them. This does conform with the Comprehensive Plan. It's within
the noise zone of the DOD with Oceana. DOD has no objection in terms with that so we
feel like this should be on the consent agenda so we consented it.
William Din: Thank you Gene.
Ronald Ripley: That is all that is on the consent agenda. Mr. Chairman, I would like to
make a motion that Item #15 be approved.
Item #15
Tidewater Convenience, LLC.
Page 2
William Din: Thank you Ron. Do I have a second? Thanks. Don Horsley seconded it.
Are we ready for the vote?
AYE 9 NAY 0 ABSO ABSENT 2
ANDERSON ABSENT
CRABTREE AYE
DIN AYE
HORSLEY AYE
KATSIAS AYE
KNIGHT AYE
MILLER AYE
RIPLEY AYE
STRANGE AYE
WALLER AYE
WOOD ABSENT
Ed Weeden: By a vote of9-0, the motion carries.
William Din: Thank you very much.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Floyd E. Wateñield, Jr. - Subdivision Variance
MEETING DATE: May 11, 2004
.
Background:
Appeal to Decisions of Administrative Officers in regard to certain elements of the
Subdivision Ordinance, Subdivision for Floyd E. Waterfield, Jr. Property is
located at 1680 Mill Landing Road (GPIN 24102466580000). DISTRICT 7-
PRINCESS ANNE
.
Considerations:
It is the intent of the applicant to subdivide one additional lot slightly over 3 acres
out of an existing 36.27 acre site. A single-family home will be constructed on this
parcel on a portion of the rear of the site located above the 1 OO-year flood
elevation. The subdivision plat shows a lot width of 175 feet for the proposed
parcel; however, none of the 175 feet can count toward requirements of the City
Zoning Ordinance for lot width because the property fronting the street (where lot
width is measured) is in the 1 OO-year floodplain. In accordance with the Site Plan
Ordinance, this area is considered to be a floodplain subject to special
restrictions, and the Zoning Ordinance specifies that such floodplains cannot
count toward lot width. Thus, the applicant is requesting the Subdivision
Variance, as this lot technically has no lot width.
The Planning Commission placed this item on the consent agenda because the
topography of the lot creates a hardship. Staff recommended approval. There
was no opposition to the request.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 9-0 to approve
this request with the following conditions:
1. The subdivision shall be subdivided substantially as shown on the plat
entitled; " Preliminary subdivision of Property Floyd E. Waterfield, Jr. &
Elizabeth Waterfield" dated November 4, 2003 by Gallup Surveyors &
Engineers, Ltd.
2. The width and surface material for the driveway serving proposed Parcel
B shall be subject to approval by the Fire Department.
Floyd E. Waterfield
Page 2 of 2
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department~
City Manager:~~ \L,~
K18-210-5VR-2003
FLOYD E. WATERFIELD
Agenda Item # 2
April 14, 2004 Public Hearing
Staff Planner: Karen Prochilo
The following report is prepared by the staff of the Virginia Beach Department of
Planning to provide data, information, and professional land use recommendations to
the Planning Commission and the City Council to assist them in making a decision
regarding this application.
REQUEST:
LOCATION:
GPIN:
COUNCIL
ELECTION
DISTRICT:
Location and General Information
Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance
that requires all newly created lots meet all the requirements of the
City Zoning Ordinance
Property is located
at 1680 Mill Landing
Road.
Part of 24102466580000
7 - PRINCESS ANNE
FLOYD E. WATERFIELD
Agenda Item # 2
Page 1
SITE SIZE:
Subject parcel: 3.34 acres. Total Parcel: 36.27 acres
EXISTING
LAND USE:
Agricultural
East:
. Farm fields and rural residential! Agricultural
Districts AG-1 and AG-2.
. Mill Landing Road. Farm fields with occasional
rural residential! Agricultural Districts AG-1 and
AG-2.
. Farm fields with occasional rural residential!
Agricultural Districts AG-1 and AG-2.
. Nanneys Creek Road and Mill Landing Road. Farm
fields with occasional rural residential! Agricultural
Districts AG-1 and AG-2.
SURROUNDING North:
LAND USE AND
ZONING: South:
West:
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
The subject site is predominately low flat land. Nanney Creek runs
through the northern portion of the residual property. The front of the
entire site is below the 100 year flood elevation.
AICUZ:
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana and NALF Fentress.
Summary of Proposa
Existing Lot: The existing lot is 36.27 acres and is in the Agricultural Districts AG-1 and
AG-2.
Proposed Lots: It is the intent of the applicant to subdivide one additional lot slightly
over 3 acres out of the 36.27 acre site. A single-family home will be constructed on this
parcel on a portion of the rear of the site located above the 100 year flood elevation.
The subdivision plat shows a lot width of 175 feet for the proposed parcel; however,
none of the 175 feet can count toward ordinance requirements because the property
fronting the street (where lot width is measured) is in the 1 DO-year floodplain. In
accordance with the Site Plan Ordinance, this area is considered to be a floodplain
FLOYD E. WATERFIELD
Agenda Item# 2
Page 2
subject to special restrictions, and the Zoning Ordinance specifies that such floodplains
cannot count toward lot width. Thus, the applicant is requesting the Subdivision
Variance, as this lot technically has no lot width.
Item Reauired 1.QlB
Lot Width in feet 125 O'
Lot Area in square feet 43,560 SF 65,340 SF
'Variance required
Comprehensive Plan
The Comprehensive Plan recognizes this property to be part of the Rural Service Area.
The siting of this structure over 500 feet from the road complements the rural setting
without dominating its surroundings.
Staff Evaluation
Staff recommends approval of this request.
Section 9.3 of the Subdivision Ordinance states:
No variance shall be authorized by the Council unless it finds that:
C.
Strict application of the ordinance would produce undue hardship.
The authorization of the variance will not be of substantial detriment to
adjacent property, and the character of the neighborhood will not be
adversely affected.
The problem involved is not of so general or recurring a nature as to make
reasonably practicable the formulation of general regulations to be
adopted as an amendment to the ordinance.
A.
B.
FLOYD E. WATERFIELD
Agenda Item # 2
Page 3
D.
The hardship is created by the physical character of the property,
including dimensions and topography, or by other extraordinary situation
or condition of such property, or by the use or development of property
immediately adjacent thereto. Personal or self-inflicted hardship shall not
be considered as grounds for the issuance of a variance.
The hardship is created by the requirements of the zoning district in which
the property is located at the time the variance is authorized whenever
such variance pertains to provisions of the Zoning Ordinance incorporated
by reference in this ordinance.
E.
Staffs evaluation of this request reveals the proposal, through the submitted materials,
does provide evidence of a hardship justifying the granting of a variance to the
requirements of the Subdivision Ordinance. The applicant has demonstrated a hardship
through Line Item D.
The hardship is created by the physical character of the property, including
dimensions and topography, or by other extraordinary situation or condition of such
property, or by the use or development of property immediately adjacent thereto.
The property fronting the street is in the 1 DO-year floodplain, which results in the
proposed lot having no width. Locating the house and septic system drainfields to the
rear of the proposed lot keeps them above the 100 year flood elevation.
Staff, therefore, recommends approval of this request.
Conditions
1. The subdivision shall be subdivided substantially as shown on the plat entitled; "
Preliminary subdivision of Property Floyd E. Waterfield, Jr. & Elizabeth
Waterfield" dated November 4, 2003 by Gallup Surveyors & Engineers, Ltd.
2. The width and surface material for the driveway serving proposed Parcel B shall
be subject to approval by the Fire Department.
NOTE:
Further conditions may be required during the
administration of a licable Ci Ordinances.
FLOYD E. WATERFIELD
Agenda Item # 2
Page 4
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Supplemental Information
Zonina Historv
1
AG-I
I ACTION
Granted
Granted
Granted
Granted
Granted
Granted
1#1 DATE ¡REQUEST
1 12/11/90 Use Permit (Storage - Wholesale)
2 08/22/00 Conditional Use Permit (Residential Kennel)
3 07/10/89 Use Permit (Duplex)
4 07/09/91 Use Permit (Single Family Dwelling)
Subdivision Variance
5 06/09/91 Use Permit (Single Family Homes)
FLOYD E. WATERFIELD
Agenda Item # 2
Page 5
Public Aaencv Comments
Public Works
Master Transportation Mill Landing Road in the vicinity of this application is considered a
Plan (MTP): two lane undivided collector street. It is not designated on the
Master Transportation Plan (MTP). There are no current projects
to upgrade this roadway at this time.
Traffic Calculations: Street Name Present Present Generated Traffic
Volume Capacity
6,200 - Existing Land Use"
Mill Landing No 9,900ADT t -50ADT
counts
Road available (Level of Proposed Land
service CoD) Use 3-10 ADT
Average Dally Tnps
'as defined by current zoning
3 as defined by one single-family home
Public Utilities
City sewer and water are not available. The proposed building will require approval
from the Virginia Department of Health for on site sewage disposal and water
su I s stem.
Public Schools
Public Safety
I Police:
I No comments.
Fire and Rescue:
An all-weather road surface for Fire Department access
must be provided. Structure must be within 150 feet of
road surface for Fire Department access. Minimum fire
lane access road width to be not less than ei hteen feet.
I Aariculture:
I There are adequate soils for this single-family site.
FLOYD E.WATERFIELD
Agenda Item # 2
Page 6
Exhibits
Exhibit A - 1
Aerial of Site
Location
FLOYD E. WATERFIELD
Agenda Item # 2
Page 7
Exhibit A - 2
Aerial of Site
Location
FLOYD E. WATERFIELD
Agenda Item# 2
Page 8
RESII)cAL PARCEL
)YO E. WATERFIELD. JR. &
ELIZABETH WATERFIELD
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Proposed
Subdivision
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FLOYD E. WATERFIELD. JR. &
ELiZ'BE"H WATERFIELD
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FLOYD E. WATERFIELD
Agenda Item # 2
Page 9
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE ~
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following: I
1. List the applicant name followed by the names of all officers, members, trustees, I
partners, etc. below: (Attach list if necessary)
2. List all businesses that have a that have a parent.subsidiary' or affiliated business
entity' relationship with the applicant: (Attach list if necessary)
I
i
.....--.
ø Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
, unincorporated organization, complete the following:
I 1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a that have a parent-subsidiary' or affiliated business
entity' relationship with the appiicant: (Attach list if necessary)
@I Check here if the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization.
"&" - next page for footnotes
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Exhibit E - 1
Disclosure
Statement
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FLOYD E. WATERFIELD
Agenda Item # 2
Page 10
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Disclosure
Statemenl
DISCLOSURE STATEME
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not lim~ed to the providers of architectural
services, real estate services, financial services, and legal services: (Attach list if
necessary)
..-.-.-..
, "Parent-subsidiary relationship" means "a relationship that exists when one
corporation direc:tly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation." See State and Local Government Conflict of
Interests Act, Va. Code § 2.2-3101.
"Affiliated business entity relationship" means "a relationship, other than
parent-subsidiary relationship, that exists when (i) one business entity has a
controlling ownen;hip interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets: the business entities share
the use of the same offices or employees or otherwise share activities, resources or
pen;onnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Govemment Conflict of Interests Act. Va.
Code § 2.2-3101.
--- -
CERTIFICATION: I certify that the information contained herein is true and accurate,
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing, I am responsible for obtaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
according to the i~structions in this package,
"",.".- ". .")y~
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Applicant'." Sïgnature
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Property OMler. Signature (if different than applicant)
Print Name
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-.0,101'12003
FLOYD E, WATERFIELD
Agenda Item # 2
Page 11
Item #2
Floyd E. Waterfield, Jr.
Appeal to Decisions of Administrative Officers in regard
to certain elements of the Subdivision Ordinance
1680 Mill Landing Road
District 7
Princess Anne
April 14,2004
CONSENT
William Din: Our next agenda item is our consent agenda. I've asked Mr. Ron Ripley to
handle this part of the agenda. Ron?
Ronald Ripley: Thank you Will. As 1 call the itern, will the representative or the applicant
please come to the podium, state your name, relationship to the application and we'd like to
know if you've read the conditions and agree with the conditions. We have four items to be
consent. First item that is on the consent agenda is Item #2. It's an application by Floyd E.
Waterfield, Jr. An Appeal to Decisions of the Administrative Officers in regards to certain
elements of the Subdivision Ordinance, Subdivision for Floyd E. Waterfield, Jr. Property is
located at 1680 Mill Landing Road. It is in the Princess Anne District. Would you state
your name?
Floyd Waterfield: Floyd E. Waterfield, Jr.
Ronald Ripley: Thank you very much. Have you read the conditions and do you agree with
them?
Floyd Waterfield: Yes, I have.
Ronald Ripley: There are two conditions that are in there.
Floyd Waterfield: Yes sir. 1 go by both of them.
Ronald Ripley: Thank you. Mr. Din, do you have somebody to comment on this item?
William Din: Yes. I believe that Don is going to comment on this one for us.
Donald Horsley: This is a subdivision variance for Mr. Waterfield. What we have is an
existing lot oflittle over 36 acres in AG-1 and AG-2. The reason why this is here is that the
high ground to build a home is away from the road so the 175-foot road frontage is in the
100-year flood plain, which cannot be counted. They're asking for a variance so they can
access that property. They said the hardship is being created by the physical character and
we see this as a legitimate hardship. We didn't have anybody to appear in objection to this.
The Commission thought that is worthy of consent agenda status. We wish you well.
Ronald Ripley: Thank you very much.
Item #2
Floyd E. Waterfield, Jr.
Page 2
Floyd Waterfield: Mr. Chairman and gentlemen, I just want to thank you so far. We'll see
what happens. Thank you.
Ronald Ripley: Thank you very much. You can have a seat.
Floyd Waterfield: Thank you very much.
Ronald Ripley: Is there any opposition to this item being consented? Mr. Chairman, I
would like to make a motion that Item #2 be approved.
William Din: Thank you Ron. Do 1 have a second? Thanks. Don Horsley seconded it.
Okay. Are we ready for the vote?
AYE 9 NAY 0 ABSO ABSENT 2
ANDERSON ABSENT
CRABTREE AYE
DIN AYE
HORSLEY AYE
KATSIAS AYE
KNIGHT AYE
MILLER AYE
RIPLEY AYE
STRANGE AYE
WALLER AYE
WOOD ABSENT
Ed Weeden: By a vote of 9-0, the motion carries.
William Din: Thank you very much.
8/22/88 ZONING CHANGE (AG-2 Agricultural District to B-2 Withdrawn
Community Business District)
2 7/5/00 ZONING CHANGE (R-7.5 Residential District to B-1A Granted
Limited Business District)
3 9/13/94 RECONSIDERATION OF PROFFERS Granted
4/27/93 ZONING CHANGE (AG-2 Agricultural District to B-2
Community Business District)
CONDITIONAL USE PERMIT (Automobile Service Granted
Station/Car Wash)
9/24/91 CONDITIONAL USE PERMIT (Fuel sales) Denied
ZONING CHANGE (AG-2 Agricultural District to B-2
Community Business District)
12/19/88 ZONING CHANGE (AG-2 Agricultural District to B-2 Denied
Community Business District)
4 6{25/96 MODIFICATION OF CONDITIONS Granted
8/14/89 ZONING CHANGE (AG-2 Agricultural District to B-2 Granted
Community Business District)
3/27/89 ZONING CHANGE (AG-2 Agricultural District to B-2 Withdrawn
Community Business District)
5 3/22/94 ZONING CHANGE (AG-2 Agricultural District to R-7.5 Granted
District)
10/13/92 ZONING CHANGE (R-7.5 Residential District to P-1 Granted
Preservation District)
6 11/9/93 RECONSIDERATION OF CONDITIONS Granted
8/18/89 ZONING CHANGE (AG-2 Agricultural District to 1-1 Granted
Light I ndustrial District)
7 4/27/93 CONDITIONAL USE PERMIT (Automobile Service/ & Granted
Car Wash)
8 9/21/87 CONDITIONAL USE PERMIT (Day Care) Denied
Public Aaencv Comments
Public Works
Master Transportation
Plan (MTP):
General Booth Boulevard in the vicinity of this
ap lication is a four 4 lane arterial roadwa . Culver
MALBE>N BROTHERS
~genda Item:# 5
Page 9
Suppjémêntal =mati~
Zonina History
1# I DATE I REQUEST
1 11/28/00 ZONING CHANGE (AG-2 Agricultural District to
Conditional B-1A Neighborhood Business District)
CONDITIONAL USE PERMIT (Mini-Warehouses)
I ACTION
Granted
Denied
MAL BON BROTHERS
Agenda Item # 5
Page 8
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Malbon Bros. Petroleum, L.L.C. - Modification of Proffers
MEETING DATE: May 11, 2004
.
Background:
An Ordinance upon Application of Malbon Bros. Petroleum, L.L.C. for
Modification of Proffers for an application approved by City Council on July 5,
2000 (Beach Builders, Inc.). Property is located on the north side of Culver Lane,
approximately 350 feet east of General Booth Boulevard (GPIN
24153172010000). DISTRICT 7- PRINCESS ANNE
.
Considerations:
The applicant desires to construct a two (2) story, 2,800 square foot office
building and nine (9) parking spaces. A Conditional Rezoning from R-7.5
Residential District to B-1A Limited Community Business District was originally
approved by the City Council on July 5, 2000 for this purpose. The existing
conditional zoning agreement proffered a specific building design and site layout
that the applicant now wishes to deviate from.
The primary differences between the 2000 proposal and the current proposal are
(1) the building is slightly larger with the use of two-stories rather than one-story
and (2) the primary access to the parking area is now proposed from the interior
of the site through the Malbon Brothers' existing complex rather than directly
from Culver Lane as originally approved.
The proposed structure has a residential appearance, particularly the rear and
the side facing Culver Lane. The design is an improvement over the currently
approved building. The building is sited approximately 255 feet from the nearest
single-family dwelling. There is a wooded area that will provide a visual screen
from the rear façade to the existing dwellings to the east.
The Planning Commission placed this item on the consent agenda because they
felt it was an acceptable use for this site. Staff recommended approval. There
was no opposition to the request.
.
Recommendations:
Malbon Brothers
Page 2 of 2
The Planning Commission passed a motion by a recorded vote of 9-0 to approve
this request, as proffered.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department*"-
City Manager: ~~ k- \ Öß Cv?t.
L 11-214-MOD-2003
N BROTHERS PETROLEUM, L.L.C.
Agenda Item # 5
April 14, 2004 Public Hearing
Staff Planner: Carolyn AK Smith
The following report is prepared by the staff of the Virginia Beach Department of
Planning to provide data, information, and professional land use recommendations to
the Planning Commission and the City Council to assist them in making a decision
regarding this application.
REQUEST:
LOCATION:
GPIN:
COUNCIL
ELECTION
Location and General Information
Modification of Proffers from the Conditional Change of Zoning from
R-7.5 Residential District to B-1A Limited Community Business
District granted by the City Council on July 5, 2000.
Property located
on the north
side of Culver
Lane,
approximately
350 feet east of
General Booth
Boulevard.
24153172010000
MALBON BROTHERS
Agenda Item # 5
Page 1
DISTRICT:
7 - PRINCESS ANNE
SITE SIZE:
13,891 square feet
EXISTING
LAND USE:
Vacant parcel
East:
West:
Single-family dwelling / Conditional B-2 Community
Business District
Culver Lane, single-family dwellings / R-7.5
Residential District, AG-2 Agricultural District
Single-family dwellings / R-7.5 Residential District
Convenience store, fuel pumps, car wash /
Conditional B-2 Community Business District
SURROUNDING North:
LAND USE AND
ZONING: South:
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
The site is predominately grassed with several trees. There do not
appear to be any features of environmental significance on the site.
AICUZ:
The site is in an AICUZ of 70 to 75dB Ldn surrounding NAS Oceana.
Summary of Proposa
The applicant desires to construct a two (2) story, 2,800 square foot office building and
nine (9) parking spaces. A Conditional Rezoning from R-7.5 Residential District to B-1A
Limited Community Business District was originally approved by the City Council on
July 5, 2000. The existing conditional zoning agreement proffered a specific building
design and site layout that the applicant now wishes to deviate from. In order to do so, a
modification to that agreement must be reviewed and approved by the City Council.
The proffers approved by City Council in 2000 are as follows:
1. Construction of any structure on the Property shall substantially conform to those
shown on that certain rendered building elevation titled Pebworth Office Building
dated March 12,2000 as was exhibited to the City Council and is on file at the
MALBON BROTHERS
Agenda Item # 5
Page~2
Planning Department.
2. The development of the Property shall substantially conform to that certain site
plan of January 14, 2000, titled: "Rezoning and preliminary subdivision of Lot 11,
Culver Woods - Virginia Beach, Virginia," prepared by John E. Sirine and
Associates LTD., Civil Engineering-Land Surveying, which site plan was
exhibited to the City Council and is on file at the Planning Department.
3. Further conditions may be required by the Grantee during detailed Site Plan
and/or subdivision review and administration of applicable City Codes by all
cognizant City agencies and departments to meet all applicable City Code
requirements.
4. Use of this property shall be restricted and limited to:
A. Business offices of advertising, real estate or insurance.
B. Finance agency offices, banks.
C. Medical, optical and dental offices and clinics; legal, engineering, architectural
and similar professional offices, accounting, auditing and bookkeeping service
offices.
Drawings showing the differences between the approved plans and the new proposed
plans are provided at the end of this report. The primary differences are (1) the building
is slightly larger with the use of two-stories rather than one-story and (2) the primary
access to the parking area is now proposed from the interior of the site through the
Malbon Brothers' existing complex rather than directly from Culver Lane as originally
approved.
Major Issues
The following represent the significant issues identified by the staff concerning this
request. Staff's evaluation of the request is largely based on the degree to which these
issues are adequately addressed.
. The provision of superior building design and materials, and appropriate
screening, so as to not adversely impact the surrounding properties, particularly
MALBON BROTHERS
Agenda Item # 5
Page 3
the existing dwellings to the east.
. Consistency with the provisions of the Comprehensive Plan, particularly
regarding the General Booth Boulevard Corridor, in terms of architecture design,
building materials, etc.
Comprehensive Plan
Within the Comprehensive Plan, this property is discussed under the
Courthouse/Sandbridge Issues and Policy Section and in the Site Specific Planning
Issues, General Booth Boulevard Corridor Area. The General Booth Boulevard I Map 2
indicates this property is suitable for neighborhood office uses. The proposed
modification is consistent with the Plan's recommendations.
This property is located within the Corporate Landing Node of the Design Standards for
General Booth Boulevard. The landscape design and other design attributes, as well as
the land use of Corporate Landing will have an effect on surrounding design. Highest
Consideration should be given to proposals that go beyond the Design Standards for
General Booth Boulevard.
. The Site Design Guidelines require existing natural characteristics of the site be
identified and considered during design and building placement.
. The Guidelines also recommend that specific attention be given to buffering to
protect the adjacent residential neighborhood from objectionable noise from the
proposed use.
. Site lighting within the Corporate Landing node should be complementary to the
style of lighting fixtures to be used at Corporate Landing. Any lighting should reflect
this recommendation in the Plan.
. Signs within the Corporate Landing Node should be externally illuminated and as
described within the design standards.
. Colors should be less intense, blending in with the surrounding landscape and not
obtrusive. The appropriate design and color of the building should be sufficient; color
should be used as an accent.
MALBON BROTHERS
Agenda Item# 5
Page 4
Proffers
The following are proffers submitted by the applicant as part of a Conditional Zoning
Agreement (CZA). The applicant, consistent with Section 1 07(h) of the City Zoning
Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified
problems to the extent that the proposed rezoning is acceptable," (§1 07(h)(1)). Should
this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER # 1
PROFFER # 2
PROFFER # 3
When the Property is developed, it will be substantially in
accordance with the "Conceptual Site Plan of Office
Building on Lot 11 B, Subdivision of Lot 11, Culver Woods
for Malbon Brothers Petroleum" dated 1/29/04, prepared
by John E. Sirine & Associates, Ltd., which has been
exhibited to the Virginia Beach City Council and is on file
with the Virginia Beach Planning Department (the
"Concept Plan").
When the Property is developed, the architectural features
of the Office Building depicted on the Concept Plan and
the exterior building materials, shall be substantially in
accordance with the "PROPOSED ELEVATIONS
PEBWORTH OFFICE BULDING" dated 1/30/04, prepared
by Porterfield Design Center, which has been exhibited to
the Virginia Beach City Council and is on file with the
Virginia Beach Planning Department (the "Elevation").
Use of the Property shall be restricted and limited to:
A. Business Offices.
MALBON BROTHERS
Agenda Item # 5
Page 5
Staff Evaluation of
Proffers:
These modified proffers wíll replace the existing proffers.
Staff is of the opinion that the modifications to the
building's design and the layout of the site are marked
improvements to the project. The redesign does require
review and approval from the Board of Zoning Appeals for
both a front yard setback encroachment and a parking
variance.
City Attorney's
Office:
The City Attorney's Office has reviewed the proffer
agreement dated January 30, 2004, and found it to be
legally sufficient and in acceptable legal form.
Staff Evaluation
Staff recommends approval.
Staff's evaluation of this request reveals the proposal, through the submitted materials
and proffers, adequately addresses each of the 'Major Issues' identified above. The
proposal's strengths in addressing the 'Major Issues' are
(1) The proposed structure has a residential appearance, particularly the rear and
the side facing Culver Lane. The design is an improvement over the currently
approved building. The building is sited approximately 255 feet from the nearest
single-family dwelling. There is a wooded area that will provide a visual screen
from the rear façade to the existing dwellings to the east.
(2) The site is located within the Corporate Landing Node of the General Booth
Boulevard Corridor. The Plan recommends that highest consideration be given to
proposals that go beyond the Design Standards for General Booth Boulevard.
Staff is of the opinion that the proposal does meet the intent of the
Comprehensive Plan in terms of layout, buffering, high quality design, and
material and color selections. The Guidelines recommend that specific attention
be given to buffering to protect the adjacent residential neighborhood from
objectionable noise from the proposed use. The existing stormwater facility and
wooded area to the east does provide a visual buffer. It is within this buffer that
the existing stormwater management pond is located. The area to be used for
MALBON BROTHERS
Agenda Item # 5
Page 6
the parking lot and the building's footprint is primarily grassed and does not
appear to have any significant environmental features. Information has not been
provided concerning site lighting; however, all lighting within the Corporate
Landing node should be complementary to the style of lighting fixtures to be used
at Corporate Landing. It is recommended in the Plan that colors be low intensity
or earth tone.
Based on the above, Staff recommends approval of this request.
NOTE:
Further conditions may be required during the
administration of applicable City Ordinances. Plans
submitted with this application require revision during
detailed site Ian review to meet all a licable Ci Codes.
MALBON BROTHERS
Agenda Item # 5
Page 7
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Supplemental Information
Zonina History
I ACTION
Granted
1# I DATE I REQUEST
1 11/28/00 ZONING CHANGE (AG-2 Agricultural District to
Conditional B-1A Neighborhood Business District)
CONDITIONAL USE PERMIT (Mini-Warehouses)
Denied
MALBON BROTHERS
Agenda Item # 5
Page 8
8/22/88 ZONING CHANGE (AG-2 Agricultural District to B-2 Withdrawn
Community Business District)
2 7/5/00 ZONING CHANGE (R-7.5 Residential District to B-1A Granted
Limited Business District)
3 9/13/94 RECONSIDERATION OF PROFFERS Granted
4/27/93 ZONING CHANGE (AG-2 Agricultural District to B-2
Community Business District)
CONDITIONAL USE PERMIT (Automobile Service Granted
Station/Car Wash)
9/24/91 CONDITIONAL USE PERMIT (Fuel sales) Denied
ZONING CHANGE (AG-2 Agricultural District to B-2
Community Business District)
12/19/88 ZONING CHANGE (AG-2 Agricultural District to B-2 Denied
Community Business District)
4 6/25/96 MODIFICATION OF CONDITIONS Granted
8/14/89 ZONING CHANGE (AG-2 Agricultural District to B-2 Granted
Community Business District)
3/27/89 ZONING CHANGE (AG-2 Agricultural District to B-2 Withdrawn
Community Business District)
5 3/22/94 ZONING CHANGE (AG-2 Agricultural District to R-7.5 Granted
District)
10/13/92 ZONING CHANGE (R-7.5 Residential District to P-1 Granted
Preservation District)
6 11/9/93 RECONSIDERATION OF CONDITIONS Granted
8/18/89 ZONING CHANGE (AG-2 Agricultural District to 1-1 Granted
Light Industrial District)
7 4/27/93 CONDITIONAL USE PERMIT (Automobile Service/ & Granted
Car Wash)
8 9/21/87 CONDITIONAL USE PERMIT (Day Care) Denied
Public Aaencv Comments
Public Works
Master Transportation
Plan (MTP):
General Booth Boulevard in the vicinity of this
a lication is a four (4 lane arterial roadwa . Culver
MALBON BROTHERS
Agenda Item # 5
Page 9
Traffic Calculations: Street Name Present Present Generated Traffic
Volume Capacity
General Booth 35,008 27,400 Existing as
Boulevard ADTt ADTt Proffered: 24 ADT2
Culver Lane 10,580 13,100
ADTt ADTt Proposed: 31 ADT3
Average Dally Tnps
2 as defined by
'as defined by
Public Utilities
This site must
Public Safety
Police:
The applicant is encouraged to contact and work with the
Crime Prevention Office within the Police Department for
crime prevention techniques and Crime Prevention
Through Environmental Design (CPTED) concepts and
strate ies as the ertain to this site.
I Fire and Rescue:
I No comments.
MALBON BROTHERS
Agenda Item # 5
Page 10
Exhibits
Exhibit A
Aerials of Site
Location
MALBON BROTHERS
Agenda Item# 5
Page 11
MALBON BROTHERS
Agenda Item # 5
Page 12
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Exhibit B
Approved and
Proposed Site
Plans
GpJN 2415-31-5378
MALBON BROTHERS
Agenda Item # 5
Page 13
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Complete Site
Plan showing
subject site
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MALBON BROTHERS
Agenda Item # 5
Page 14
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MAL BON BROTHERS
Agenda Item # 5
Page 15
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MAL BON BROTHERS
Agenda Item # 5
Page 16
Item #5
Malbon Bros. Petroleum, LLC.
Modification of Proffers
North side of Culver Lane
District 7
Princess Anne
April 14,2004
CONSENT
Ronald Ripley: The item that is on the consent agenda is Item #5, Malbon Bros. Petroleum,
L.LC. An Ordinance upon Application of Mal bon Bros. Petroleum, LLC. for modification
of Proffers for an application approved by the City Council on July 5, 2000 (Beach Builders,
Inc.). Property is located on the north side of Culver Lane, approximately 350 feet east of
General Booth Boulevard. It is located in the Princess Anne District.
Eddie Bourdon: Thank you Mr. Chairman. Eddie Bourdon, a Virginia Beach attorney
representing the applicant and the proffers that are being modified. We agree to the subject
changes.
Ronald Ripley: Is there any opposition to this item being on the consent agenda? Thank
you very much.
William Din: I've asked Barry to help us with this one.
Barry Knight: Yes. This is a proffered item that came before us a few months ago.
Basically, the only changes they're proposing is taking a 1 Y2-story building and make it be a
two-story building. We're pleased with the design. Also, they would like to do away with
the curb cut. They had provisions to have probably a third curb cut there. They're going to
do away with that so we feel that taking the building from a 1 Y2-story to a 2-story is fine
. with us. The deletion of an additional curb cut and we're very pleased with that. We feel
that this is an acceptable use of the property.
William Din: Thank you Barry.
Ronald Ripley: Mr. Chairman, I would like to make a motion that Item #5 be approved.
William Din: Thank you Ron. Do I have a second? Thanks. Don Horsley seconded it.
Are we ready for the vote?
AYE 9
NAY 0
ABSO
ABSENT 2
ANDERSON
CRABTREE
DIN
HORSLEY
KA TSIAS
KNIGHT
MILLER
ABSENT
AYE
AYE
AYE
AYE
AYE
AYE
Item #5
Malbon Bros. Petroleum, LLC.
Page 2
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
AYE
ABSENT
Ed Weeden: By a vote of 9-0, the motion carries.
William Din: Thank you very much.
Modifications 01 Conditio",
1# 1 DATE I REQUEST I ACTION
1 11/28/00 ZONING CHANGE (AG-2 Agricu~ural District to Conditional B-1A Granted
Neighborhood Business District)
CONDITIONAL USE PERMIT (Mini-Warehouses) Denied
8/22188 ZONING CHANGE (AG-2 Agricultural District to B-2 Community Withdrawn
Business District)
7/5/00 ZONING CHANGE (R-7.5 Residential District to B-1A Limited Business Granted
District)
9/13/94 RECONSIDERATiON OF PROFFERS Granted
4/27/93 ZONING CHANGE (AG-2 Agricu~ural District to B-2 Community Business
District)
CONDITIONAL USE PERMIT (Automobile Service StationlCar Wash) Granted
CONDITIONAL USE PERMIT (Fuel sales)
9/24/91 ZONING CHANGE (AG-2 Agricu~ural District to B-2 Community Business Denied
District)
ZONING CHANGE (AG-2 Agricultural District to B-2 Community Business
12/19/88 District) Denied
4 6/25/96 MODIFICATION OF CONDITIONS Granted
8/14189 ZONING CHANGE (AG-2 Agricultural District to B-2 Community Business Granted
District)
3/27/89 ZONING CHANGE (AG-2 Agticultural District to B-2 Community Business Withdrawn
District)
3/22/94 ZONING CHANGE (AG-2 Agricuitural District to R-7.5 District) Granted
ZONING CHANGE (R-7.5 Residential District to P-1 Preservation District)
10/13/92 Granted
11/9193 RECONSIDERATION OF CONDITIONS Granted
8118/89 ZONING CHANGE (AG-2 Agricultural District to 1-1 Light Industrial Granted
District)
4/27/93 CONDITIONAL USE PERMIT (Automobile Servicel & Car Wash) Granted
9/21/87 CONDITIONAL USE PERMIT (Day Care) Denied
FORM NO. P.'. Ie
City of Virgir1ia Beach.
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF -5881
DATE: April 16,2004
TO:
Leslie L. Lilley
William M. Macali ~
DEPT: City Attorney
FROM:
DEPT: City Attorney
RE:
Conditional Zoning Application
Malbon Bros. Petroleum, L.L.C.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on May 11,2004. I have reviewed the subject proffer agreement, dated January
30,2004, and have determined it to be legally sufficient and in proper legal fonD. A copy of
the agreement is attached.
Please feel ftee to call me if you have any questions or wish to discuss this rnatter
further.
WMM/sat
Enclosure
PREPARED BY,
l1li SYKfS. BOURDON.
m AIIrnN & 1M. P.C
AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS
MALBON BROS. PETROLEUM, L.L.C., a Virginia limited liability company
TO
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made this 30th day of January 2004, by and between
MALBON BROS. PETROLEUM, L.L.C., a Virginia limited liability company, Property
Owner, herein referred to as Grantor; and THE CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia, Grantee, party of the second
part.
WITNESSETH:
WHEREAS, Grantor is the owner of a certain parcel of property located in the
Princess Anne District of the City of Virginia Beach, containing approximately 13,891
square feet, and described in Exhibit "A" attached hereto and incorporated herein by
this reference, which parcel is hereinafter referred to as the "Property"; and
WHEREAS, the Property is subject to "Proffered Covenants, Restrictions and
Conditions" dated March 15, 2000 accepted by the Grantee and recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed
Book 4264, at Page 1599, as previously corrected by "Proffered Covenants,
Restrictions and Conditions", dated August 2, 2002, prepared by Grantee and
recorded in the aforesaid Clerk's Office as Instrument # 200208263022192; and
WHEREAS, the Grantor has initiated a conditional amendment to the Zoning
Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so
as to modify, in part, the previously proffered Covenants, Restrictions and
Conditions governing development of the Property; and
GPIN: 2415-31-7201
PREPARED BY'
;0 SYIŒS. ROURDON.
DI AUffiN & 1M. P.C
WHEREAS, the Grantor has requested that the Grantee accept this
Amendment To Proffered Covenants, Restrictions and Conditions which modifies and
restates certain reasonable conditions governing the use of the Property for the
protection of the community that are not generally applicable to land similarly zoned;
and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of
and prior to the public hearing before the Grantee, the following amended and
restated conditions and restrictions which shall restrict and govem the physical
development, operation and use of the Property, to be incorporated as a part of the
previously adopted amendment to the Zoning Map.
NOW, THEREFORE, the Grantor, its successors, personal representatives,
assigns, grantees, and other successors in title or interest, voluntarily and without
any requirement by or exaction from the Grantee or its goveming body and without
any element of compulsion or Quid m:2 Sl\!Q. for zoning, rezoning, site plan, building
permit, or subdivision approval, hereby makes the following amended and modified
declaration of conditions, covenants, restrictions as to the physical development,
operation, and use of the Property and hereby covenants and agrees that this
declaration shall constitute covenants running with the Property, which shall be
binding upon the Property and upon all parties and persons claiming under or
through the Grantor, its successors, personal representatives, assigns, grantees, and
other successors in interest or title:
1. When the Property is developed, it will be substantially in accordance
with the "Conceptual Site Plan of Office Building on Lot lIB, Subdivision of Lot 11,
Culver Woods for Malbon Brothers Petroleum" dated 1/29/04, prepared by John E.
Sirine & Associates, Ltd., which has been exhibited to the Virginia Beach City
Council and is on fIle with the Virginia Beach Planning Department (the "Concept
Plan").
2. When the Property is developed, the architectural features of the Office
Building depicted on the Concept Plan and the exterior building materials, shall be
substantially in accordance with the "PROPOSED ELEVATIONS PEBWORTH
OFFICE BUILDING", dated 1/30/04, prepared by Porterfield Design Center, which
2
elevation has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Planning Department (the "E1evationn).
3. Use of the Property shall be restricted and limited to:
A.
Business offices.
4. Further conditions may be required by the Grantee during detailed Site
Plan and/ or Subdivision review and administration of applicable City codes by all
cognizant City agencies and departments to meet all applicable City code
requirements. Any references to the B-IA Zoning District and to the requirements
and regulations applicable thereto refer to the Zoning Ordinance and Subdivision
Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of
this Agreement by City Council, which are by this reference incorporated herein.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall
continue in full force and effect until a subsequent amendment changes the zoning
of the Property and specifically repeals such conditions.
Such conditions shall
continue despite a subsequent amendment to the Zoning Ordinance even if the
subsequent amendment is part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and
executed by the record owner of the Property at the time or recordation of such
instrument, provided that said instrument is consented to by the Grantee in writing
as evidenced by a certified copy of an ordinance or a resolution adopted by the
goveming body of the Grantee, after a public hearing before the Grantee which was
advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia,
1950, as amended. Said ordinance or resolution shall be recorded along with said
instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
The Grantor covenants and agrees that:
PAEPAAEDBY, (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall
.~t ~~.~~ be vested with all necessary authority, on behalf of the goveming body of the City of
Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
3
PREPARED BY'
IIIB SYIŒS. BOURDON.
BI A!llliN & liVY. P.c.
restrictions, including the authority (a) to order, in writing, that any noncompliance
with such conditions be remedied; and (b) to bring legal action or suit to insure
compliance with such conditions, including mandatory or prohibitory injunction,
abatement, damages, or other appropriate action, suit, or proceeding;
(2)
The failure to meet all conditions and restrictions shall constitute cause
to deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3)
If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the Grantors shall petition the governing body for the
review thereof prior to instituting proceedings in court; and
(4)
The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances
and the conditions may be made readily available and accessible for public
inspection in the office of the Zoning Administrator and in the Planning Department,
and they shall be recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee.
4
PREPARED BY'
na 5Y¡ŒS. ROURDON.
DI AllrnN & nY\'. P.C
WITNESS the following signature and seal:
GRANTOR:
Malbon Bros. Petroleum, L.L.C.,
a Virginia limited liability company
By:
/J'V/ / ---- (SEAL)
Michael S. Malbon, Managing Member
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
The foregoing instrument was acknowledged before me this 3rd day of
February 2004, by Michael S. Malbon, Managing Member of Malbon Bros.
Petroleum, L.L.C., a Virginia limited liability company.
'1
Á- . // /1
- . . "'""' , . '/ ,
. A,~ a<: .V. n )U(ffl-M-
Notary Public
My Commission Expires: August 31,2006
5
PREPARED BY.
UIB SYJŒS. BOURDON.
_AJJrnN &lM.P.C
EXHŒIT "A"
"LEGAL DESCRIPTION"
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements
thereon, situate, lying and being in the City of Virginia Beach, Virginia and being
known, numbered and designated as Lot lIB, as shown on that certain plat entitled,
"SUBDIVISION OF LOT 11, CULVER WOODS (M.B. 256, P. 29-31) Virginia Beach,
Virginia", dated December 17, 1998 made by John E. Sirine and Associates, Ltd.,
which said plat is duly recorded in Map Book 288, at Pages 33 and 34, being more
particularly described as follows: BEGINNING at a point at the intersection of the
westem right-of-way line of Culver Quay and the northem right-of-way of Culver
Lane and running North 74 degrees 58' 21n West a distance of 219.82 feet to a pin;
said point being the true POINT OF BEGINNING; thence continuing along said right-
of-way North 74 degrees 58' 21" West a distance of 185 feet to a pin; thence tuming
and leaving said right of way line and running North 14 degrees 49' 50" East a
distance of 79.82 feet to a pin; thence turning and running South 75 degrees 10' IOn
East a distance of 154.78 feet to a pin; thence turning and running South 12
degrees 10' 56" East a distance of 58.43 feet to a nail in basin; thence South 07
degrees 26' 19n West a distance of 28.64 feet to a point, said point being the POINT
OF BEGINNING.
GPIN: 2415-31-7201
MODCONDITIONS /MALBONBROS / PEBWO RTHBLDG /PROFFER
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CUP fa' Cammun;ty BO<It Dock
1# I DATE
1 11-28-00
I ACTION
Granted
07-09-96
05-07-66
2 09-06-88
3 06-16-86
4 04-08-85
I REQUEST
Conditional Use Permit (community boat dock-
50 additional)
Conditional Use Permit (community boat dock-
25 total)
Conditional Use Permit (motet, restaurant, camp,
marina, boat facility (7 docks))
Change of Zoning (AG-2 Agricultural District to R-
20 Residential District)
Change of Zoning (AG-2 Agricultural District to R-
4 Residential District
Conditional Use Permit (recreational boating
facility)
Granted
Granted
Granted
Granted
Granted
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Outdoor Resorts of Virginia Beach Condominium Assoc., Inc. -
Modification of a Conditional Use Permit
MEETING DATE: May 11, 2004
.
Background:
An Ordinance upon Application of Outdoor Resorts of Virginia Beach
Condominium Assoc., Inc. for a Modification of a Conditional Use Permit for a
community pier approved by City Council on November 28, 2000. This request is
to allow installation of up to seventy-five (75) boat lifts. Property is located at
3665 Sandpiper Road (GPIN 24326431580000). DISTRICT 7 - PRINCESS
ANNE
.
Considerations:
The applicant (the condominium association) desires to install up to 75 boatlifts
to correspond with the existing Conditional Use Permit for up to 75 individual
piers. The Conditional Use Permit for a community boat dock (the 75 piers) was
granted by the City Council on November 28, 2000. That Use Permit actually
allowed a total of 75 individual piers to be constructed throughout the property on
individual condominium lots. The conditions attached to the Use Permit in 2000
do not specifically allow for the installation of boatlifts; thus, this request for a
modification of the Conditional Use Permit was submitted.
Staff concludes that conditions placed on the Conditional Use Permit as well as
additional review through the Joint Permit Application, which will be required prior
to the applicant commencing construction, will ensure limited impact on
surrounding properties. This site is extremely dense with a large number of
docks. It can be characterized as a high intensity use in an otherwise low
intensity region. This situation means that activities on this site can seem
magnified and have a significant impact on surrounding properties in terms of
compatibility. Staff, therefore, has recommended a condition be attached to the
use permit restricting the number of boatlifts to more than half the number of
allowed piers. By limiting the number of boatlifts to 40, it is Staff's goal to
eliminate potential compatibility issues and reduce the potential overall negative
visual impact on adjacent property owners. These boatlifts will be available to
the individual lot owners at a first come, first served basis through a procedure
already established by the Condominium Association. Each lot owner must
obtain permission from the Condominium Association's Board of Directors. The
Planning Department is also developing a tracking database to ensure that the
Outdoor Resorts
Page 2 of 2
Association does not exceed the maximum number permitted.
Navigation concerns in this area will be handled during the detailed Joint Permit
Application (JPA) process, which involves review by the Planning Department's
Waterfront Operations Section, the Army Corps of Engineers, the Virginia Marine
Resources Commission. All projects related to waterfront construction activities
such as boat docks and lifts are required to submit a JPA. Impacts on
environmental features will also be reviewed during the JPA process.
Staff recommended approval. There was a letter of opposition to this request.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 9-0 to approve
this request with the following conditions:
1. All conditions attached to the Conditional Use Permit granted by the City
Council on November 28, 2000 shall remain in affect.
2. No solid, latticed or other material designed to enclose a boat or any other
vessel shall be permitted on the sides and/or on the top (roof) of any
boatlift on this property.
3. The number of boatlifts on the property shall be limited to 40.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Departmen+---
City Manage~ 'L 'ðß~
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Æ~\ 015-211-CUP-2003
fa" OR RESORTS OF VIRGINIA BEACH
,: ~;J
'~~. ~þ Agenda Item # 6
"-.,.;-~~.:.;;'"' April 14, 2003 Public Hearing
Staff Planner: Carolyn AK Smith
The following report is prepared by the staff of the Virginia Beach Department of
Planning to provide data, information, and professional land use recommendations to
the Planning Commission and the City Council to assist them in making a decision
regarding this application.
Location and General Information
REQUEST:
Modification of Conditions placed on a Conditional Use Permit for a
community boat dock on November 28, 2000.
LOCATION:
Property located
on 3665
Sandpiper Road
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GPIN:
COUNCIL
ELECTION
DISTRICT:
24326431580000
7 - PRINCESS ANNE
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OUTDOOR RESORTS
Agenda Item # 6
Page 1
SITE SIZE:
EXISTING
LAND USE:
65.1 acres
Outdoor Resorts is a condominium association with individual units
for recreational vehicles. The property is owned by and operated as
a condominium association with 249 individual lots for a recreational
vehicle resort. The existing boat docks are constructed by individual
unit owners on common property.
SURROUNDING
LAND USE AND North:
ZONING:
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
AICUZ:
South:
East:
West:
. Vacant, marshland / AG-1 and AG-2 Agricultural
Districts
. Restaurant, retail, office, vacant, marshland, pier,
Little Island Park, Back Bay Wildlife Refuge / B-4
Resort Commercial District and P-1 Preservation
District
. Single-family dwellings / R-15, R-10 & R-20
Residential Districts
. Shipp's Bay (Back Bay)
The cleared site is developed as a campground for recreational
vehicles. The property borders Back Bay, which intertwines
throughout the property, providing many of the lot owners with direct
frontage along the waterfront. There are tidal wetlands on this site
that are protected via federal, state and local laws and ordinances.
The site is in an AICUZ of less than 65dB Ldn surrounding NAS
Oceana.
Summary of Proposa
The applicant (the condominium association) desires to install up to 75 boatlifts to
correspond with the existing Conditional Use Permit for up to 75 individual piers. The
Conditional Use Permit for a community boat dock (the 75 piers) was granted by the
City Council on November 28, 2000. That Use Permit actually allowed a total of 75
individual piers to be constructed throughout the property on individual condominium
lots. The Conditional Use Permit has 6 conditions:
OUTDOOR RESORTS
Agenda Item # 6
Page 2
1. This Conditional Use Permit shall allow construction of up to 50 additional private
boat docks, for a total of 75, at the Outdoor Resorts of America Virginia Beach
Recreational Vehicle Resort. The approved piers may be constructed at any of
the individual lot locations, provided that the individual lot continues to be in
compliance with the provisions of the Southem Watersheds Management Plan
referenced in Condition #4 below. Construction of any dock in excess of the total
approved (number of 75) shall require City Council approval for an additional
modification to the Conditional Use Permit.
2. No additional perpendicular docks shall be constructed. Dimensions of the
individual, parallel boat docks shall not exceed six (6) feet by sixteen (16) feet.
3. Approval of the Conditional Use Permit shall not be construed as approval for
dredging of surrounding waterways.
4. A waterfront construction permit shall be obtained for each dock prior to
construction.
5. No fuel pumps are to be installed in conjunction with this Conditional Use Permit.
6. Prior to the issuance of the approved pier permits, the applicant shall develop
informational brochures, policies and procedures that promote environmentally
responsible use of Back Bay and adjacent areas by lot owners and seasonal
renters. These materials shall include an explanation of the ecological
characteristics, function and sensitivity of the local environment, and measures
such as "no wake zones," and buffer zones around marshlands. They shall be
submitted for review and approval by city staff prior to publication and shall be
distributed to all new lot owners and all seasonal renters.
The conditions attached to the Use Permit in 2000 do not specifically allow for the
installation of boatlifts; thus, this request for a modification of the Conditional Use Permit
was submitted.
The original Conditional Use Permit for the recreational campground development was
approved in 1966; the plan approved in conjunction with that Conditional Use Permit
provided for seven (7) common-use boat docks at various locations around the
perimeter of the campground.
The use has now been converted to condominium ownership, for recreational vehicle
use only. Although the water area and a small amount of land area is held in common
ownership, individual recreational vehicle lots have been sold to separate owners.
OUTDOOR RESORTS
Agenda Item # 6
Page 3
In May of 1996, because numerous owners had expressed the desire to construct
private boat docks adjacent to their sites, the condominium association requested
approval of a modification to the original Conditional Use Permit, to add a "community
pier" consisting of an individual boat dock at each of the 189' waterfront sites. One
existing common-area boat ramp and dock would remain, adjacent to the clubhouse.
Although the 1996 request included a pier at each waterfront site, approval was granted
for the construction of only 25 piers, to be allocated to individual lots upon owner
request, on a first-come, first-served basis. Because the high-density recreational
vehicle resort is located within an environmentally sensitive area, in a community
consisting primarily of medium-to-Iow density residential development, it was
determined that an incremental approach should be used, in order to monitor
environmental and land use compatibility impacts.
Major Issues
The following represent the significant issues identified by the staff concerning this
request. Staff's evaluation of the request is largely based on the degree to which these
issues are adequately addressed.
. Appearance and compatibility of boatlifts along this densely populated shoreline.
Navigation must not be negatively impacted.
. Degree that natural resources are negatively impacted.
Comprehensive Plan
The Comprehensive Plan Map indicates that suburban low-density residential use is
recommended in this vicinity. The Natural Resources component of the City's
'The condominium development initially consisted of 250 lots, 189 of which were
waterfront sites. Two waterfront sites have since been combined, resulting in 188 waterfront
sites and a total of 249.
OUTDOOR RESORTS
Agenda Item # 6
Page 4
Comprehensive Plan recognizes that water-based recreational opportunities contribute
to the City's quality of life and economic health. However, the Plan recommends that
provisions be made to lessen environmental impacts to tidal wetlands and other natural
resources.
Staff Evaluation
Staff recommends approval of this request.
Staffs evaluation of this request reveals the proposal, through the submitted materials,
adequately addresses each of the 'Major Issues' identified above. The proposal's
strengths in addressing the 'Major Issues' are
(1) Staff concludes that conditions placed on the Conditional Use Permit as well as
additional review through the Joint Permit Application, which will be required prior
to the applicant commencing construction, will ensure limited impact on
surrounding properties. Staff, therefore, recommends approval of this request
with a caveat that the overall number of boatlifts throughout the property be
limited to 40, approximately half the number of docks. This site is extremely
dense with a large number of docks. It can be characterized as a high intensity
use in an otherwise low intensity region. This situation means that activities on
this site can seem magnified and have a significant impact on surrounding
properties in terms of compatibility. By limiting the number of boatlifts, it is Staffs
goal to eliminate potential compatibility issues and reduce the potential overall
negative visual impact on adjacent property owners. These boatlifts will be
available to the individual lot owners at a first come, first served basis. Each lot
owner must obtain permission from the Condominium Association's Board of
Directors, which has developed an internal process for allocating the proposed lift
sites. The Planning Department is developing a tracking database to ensure that
the Association does not exceed the maximum number permitted.
(2) Navigation concerns in this area will be handled during the detailed Joint Permit
Application (JPA) process, which involves review by the Planning Department's
Waterfront Operations Section, the Army Corps of Engineers, the Virginia Marine
Resources Commission. All projects related to waterfront construction activities
such as boat docks and lifts are required to submit a JPA. Impacts on
environmental features will also be reviewed during the JPA process.
Staff, therefore, recommends approval of this request with the conditions below.
OUTDOOR RESORTS
Agenda Item # 6
Page 5
Conditions
1. All conditions attached to the Conditional Use Permit granted by the City Council
on November 28, 2000 shall remain in affect.
2. No solid, latticed or other material designed to enclose a boat or any other vessel
shall be permitted on the sides and/or on the top (roof) of any boatlift on this
property.
3. The number of boatlifts on the property shall be limited to 40.
NOTE:
Further conditions may be required during the
administration of applicable City Ordinances. The site plan
submitted with this conditional use permit may require
revision during detailed site plan review to meet all
applicable City Codes. Conditional use permits must be
activated within 12 months of City Council approval. See
Section 220(g) of the City Zoning Ordinance for further
information.
OUTDOOR RESORTS
Agenda Item # 6
Page 6
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CUP fo, Commun;ty Boat Dock
I ACTION
Granted
I # I DATE I REQUEST
1 11-28-00 Conditional Use Permit (community boat dock - 50
additional)
07-09-96 Conditional Use Permit (community boat dock - 25
Granted
OUTDOOR RESORTS
Agenda Item # 6
Page 7
05-07-66
2 09-06-88
3 06-16-86
4 04-08-85
total)
Conditional Use Permit (motet, restaurant, camp,
marina, boat facility (7 docks»)
Change of Zoning (AG-2 Agricultural District to R-20
Residential District)
Change of Zoning (AG-2 Agricultural District to R-4
Residential District
Conditional Use Permit (recreational boating facility)
Granted
Granted
Granted
Granted
OUTDOOR RESORTS
Agenda Item # 6
Page 8
Exhibits
Exhibit A - 1
Aerial of Site
Location
OUTDOOR RESORTS
Agenda Item # 6
Page 9
Exhibit A - 2
Aerial of Site
Location
OUTDOOR RESORTS
Agenda Item # 6
Page 10
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Exhibit B
Location of
Existing Piers
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OUTDOOR RESORTS
Agenda Item # 6
Page 11
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Exhibit C
Location of
Existing Boatlifts
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OUTDOOR RESORTS
Agenda Item # 6
Page 12
.Overhead Beam Lift
Exhibit D
Typical Boatlift
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WEIGHT CAPACITY - 4.000 Ibs TO 16,000 Ibs
PILING DIAMETER REQUIREMENT - 8" plus
PILING HEIGHT - 7' to 8 above deck
MOTORS' GFCI protected, totally enclosed
115 v112.1a 23úvJ6a
Check SpecrtlcatìOnS sheet fer more det3i;s
OUTDOOR RESORTS
Agenda Item # 6
Page 13
Exhibit E
Disclosure
Statement
DISCLOSURE STATEMENT ¡
APPLICANT DISCLOSURE
If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach
list if necessary)
~I'JDI>. LAwsoN - PIG6:1X>enT) 10('.\ TA'iUI'L - ~':;:;c€.,AŒ~,¡;z>¡2AïJ VERA
J:h'.[[1V -¿f-'Ó \JJ:tE- ~6Ä'TJ ~h'TT fu/-IGIL- Sea>,£;V"-/1'-j¡ J>œ lAw;a
If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED íJ>.Ef'öVIfi<L
ORGANIZATION, list all members or partners in the organization below' (Attach list if
necessary)
0 Check here if the applicant is NOT a corporation, partnership, firm. or other
unincorporated organization.
If the applicant is not the current owner of the property, complete the Property Owner
Disclosure section below:
0 PROPERTY OWNER DISCLOSURE
If the property owner is a CORPORATION, list all officers of the Corporation below:
(Attach Ust if necessary) (t\~cù,?
5:ër-
If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED
ORGANIZATION, list all members or partners in the organization below' (Attach list if
necessary)
0 Check here if the property owner is NOT a corporation, partnership, firm, or other
unincorporated organization,
j
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing, 1 am responsible for obtain'¡ng and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
according to the instructions in this package.
~~j ~~ ßv,,;¿,L
;(opl cant's Signatu
k"'DA LAuJ$CN -fl<Ð.
Print Name
Prope~y Owner's Signature (if different thar. applicant)
Print Name
OUTDOOR RESORTS
Agenda Item # 6
Page 14
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Exhibit E - 2
Disclosure
Statement
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DI~~LO~~ A TEMENTr
ADDITIONAL DISCLOSURES
List ail .nown contractors or bcslnesses thai ~,ave or wil, p'ov¡de se'-Vices Nth "'speel
to th,e requested property use. including bet not limited to 1',e providers of areh,tectJra
serJices, reel estate 5en¡.œs financial 5.erJices, and legal services' ;!I.ttach list if
m,cE"ssary)
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, -"'arent-subsidiary relat.onship' ",eans 'a relationship thai e<i$t$ Vlhe~ one
corporation directly 0' Indirectly owns shares possessing more than 50 percent ot tne
voting power of another ooromation' See State and Local Govern""e~t Con'llc! of
Interes1s Act. Va. Code § 2.2-3101.
Z 'Affí,;eted ausiness entity reiatlonship" means "a re:ationshlO, ali,er than
parent-subsidiary relators hip, that exists when (i) ore business entty has a
controlling owners~ip interest ,n the other business entity, lilì a contDling owner 1
one entity is also a controlling owne' In the other amity or (Ii) there is share"
management or control between the business emities. Factors that should be
co"sidered in de;ernhio9 the existence of an a;;ilial",d business en:i!y relationship
¡ndude that Ihe sa:"" person or subslantially the same p~rson OW" O' manage the :we
entities, there are come;cn or commingled funds or assets the ousroess entnles sr,ar"
the use of the same offices or employees or otherwise srare ac1ivlties reSoorces or
cersonnel on a regular basis; or ,heres otherwise a close working re~tio'snlp
~e~Neen the entities.' See S,ate a',d Local Governrnen: Conllle: 0: Imerests Act Va
Code § 2.2-:¡W1.
CERTIFICATION: I œ,1iiy that the information conta:r'ec herein IS Ir"e an:'. accu-ate
I understand that upen receopt of notifir.aton (postcard) le.at the applica:ion has been
scheduled hr public hearing I am responsible fer oblaning and poslì'-g :he reqclfed
sign en the sub¡ec' properly "I least 30 days pll:" to the soheduled public hearing
accceding to the instrcc:ions In this pacKage
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OUTDOOR RESORTS
Agenda Item # 6
Page 15
Item #6
Outdoor Resorts of Virginia Beach Condominium Association, Inc.
Modification of a Conditional Use Permit
3665 Sandpiper Road
District 7
Princess Anne
April 14,2004
REGULAR
Joseph Strange: The next item is Item #6 Outdoor Resorts of Virginia Beach Condominium
Association, Inc., for the Modification of a Conditional Use Permit for a community pier.
There are three conditions attached to this.
William Din: Sir, welcome.
Gary Crooks: Hi. My name is Gary Crooks. I'm the General Manager of Outdoor Resorts
of Virginia Beach Condominium Association. I'm here representing the Association. What
I'm doing is representing many of our property owners that requested that we put boatlifts
on their private property, which is part of our Association where they already have existing
docks. I'm really just here to answer any questions that you may have. One thing that
seems to be a problem is the high density of our resort and we understand that. That's why
were going to go along with the staff's order of 40 lifts, which is really more than two lifts
per acre, which is really compatible with the surrounding community of Sandbridge. I can
answer any questions. 1 wasn't aware there was any opposition to it.
Robert Miller: I don't think there is.
William Din: We did have a letter of opposition presented to us on this issue. Did you get a
copy of this from Ms. Bart?
Gary Crooks: No, I didn't.
William Din: If you would like to see that? We also have, I believe a speaker here. Do you
have any questions for Mr. Crooks?
Eugene Crabtree: This morning we had a couple of questions that I need to know. I was
going to ask him. You have twenty something lifts there now. Am I correct?
Gary Crooks: That's correct.
Eugene Crabtree: If you get 40 that means and I think we figured that means only 19 more
lifts.
Gary Crooks: That is correct. It's a total of 40.
Eugene Crabtree: What happens when you saturate to the point of 40 lifts and others in your
community say, "hey man, my neighbor's got a lift two doors down. Why can't I have
Item #6
Outdoor Resorts of Virginia Beach Condominium Association, Inc.
Page 2
one?" You tell them I'm sorry but we've used up all of our applications? What happens
frorn your stand point of view when that occurs?
Gary Crooks: We just tell them that the Conditional Use Pennit that we were allowed only
that amount. We just let them know but they don't have any alternative.
Eugene Crabtree: Are we going to have applications come back to ns for additional lifts in
at that point?
Gary Crooks: Not from Outdoor Resorts. Now, individual property owners may try to do
that but I think that was in the last meeting and it was referred back to us.
Eugene Crabtree: Do you think 40 will be sufficient for your facility?
Gary Crooks: I think as of right now it will be but I'm not sure about the future. I don't
think it really matters. I'm here to say that we won't come back and request anymore boat
lifts. I'm speaking for the Association.
William Din: Are there any other questions?
Donald Horsley: I have one question. How are you going to disburse these?
Gary Crook: Well, if we get an additional 14-15, there are not that many people usually
requesting those and it's first come, first served. Then there may be possibly some internal
opposition. We have an internal policy that the Board of Directors has to go out and take all
letters to concerned people and then decide if it's appropriate for that piece of property.
William Din: 1 have a couple of questions for you Mr. Crooks. The resort itself operates a
community pier. Do you have a boat ramp there?
Gary Crooks: We have a boat ramp.
William Din: So that allows people who do not have lifts or piers to go into the Bay with a
vessel or ajet ski?
Gary Crooks: That's correct.
William Din: That's correct?
Gary Crooks: Correct.
William Din: And that's open to anybody who has property in the resort?
Gary Crooks: In our resort.
Item #6
Outdoor Resorts of Virginia Beach Condominium Association, Inc.
Page 3
William Din: How do you intend to disburse these and I understood from our meeting that
you do have a process hearing applicants and you're going to control how that's going to be
disbursed?
Gary Crooks: Actually, it's first come, first served. We have five or six people who have
requested them. What they would have to do is they would have to give us a drawing. This
is before it comes back to the City for permits. Then our Board of Directors, if I remember
would have to go out and speak to the adjacent property owners and get their concerns and
then decide if its right for that piece of property. Considering all things including
waterways, size of waterways and problems with views such as blocking view. It's just a
first come, first served.
William Din: Will there be any restriction on size of the boatlift out there?
Gary Crooks: Well, that certainly is one thing we want to request probably a low profile lift
it's called. It doesn't have overhead beams. That probably would be a view killer. Certainly
we would consider size as a factor when they've been approved or disapproved and some
big huge lift that would be out of the question.
William Din: Do you currently restrict the size of a boat out there?
Gary Crooks: No, we don't. The Bay itself does by its depth. The biggest boat I've seen is
a 24-foot Pontoon in our resort.
William Din: Thank you. Do you have a list of speakers?
Joseph Strange: We have a person who wants to speak in support. Chandler Dennis.
William Din: Welcome ma'am.
Chandler Dennis: Hello. I'm Chandler Dennis. I live at 2212 Sandpiper Road. I'm here
not in opposition and not exactly in support but just as a member and as a Vice President of
the Sandbridge Civic League. We were concerned that the original conditions would be
reviewed and honored as far as the year 2000. We worked closely with the wildlife people
at that time to make sure there was consideration to the sensitivity of the Bay and with any
increase boat activities there would be increased educational awareness as to how the boats
in the no wake zones and the jet-skis would be slow if they were corning in to land. So, we
just wanted to ask the Planning Commission to make sure. Condition #6, looks like it was
probably done for that purpose. It seems to me it is being addressed by both Outdoor
Resorts and the City. I love the campground. I think it's beautiful. It's been done nicely
over the last 15-20 years. I've been in Sandbridge forever and it feels a little bit like a
country club when 1 go down there to visit. Anyhow, I just wanted to make sure that as the
number of boats there increase that their awareness for conscientious way of boating in the
bay that concerns us all will also increase. Thank you very much.
William Din: Thank you Ms. Dennis.
Item #6
Outdoor Resorts of Virginia Beach Condominium Association, Inc.
Page 4
Ronald Ripley: Mr. Din?
William Din: Yes Ron.
Ronald Ripley: Can I ask the applicant another question?
William Din: Sure. Mr. Crooks, will you please come forward.
Ronald Ripley: We had discussion and I don't want to complicate things. 1 just want to
make sure that we're all saying the same thing.
Gary Crooks: Okay.
Ronald Ripley: We had discussion in an informal meeting about what qualifies a lift. Staff
printed out some copies. Here's a web page from one of the makers of lifts which shows
pictures of cradle lifts and boat lifts and marine elevators and swing lifts and davit and
stands. Can I hand this to you and look at this and make sure that, I guess anyone of those
things represent a lift. If someone wants to get a davit put in, does that qnalify in your mind
as one of the lifts? I don't want you to be confused on that.
Gary Crooks: Well, it would qualify in my mind to be a lift.
Ronald Ripley: That's fine. So anyone of those types of situations will be come into you
and you'll work through your approval process.
Donald Horsley: Mr. Crooks. I'd like to thank you for your organization putting together
this and coming together as a group instead of each individual property owner trying to
come like we had before. The last meeting we had wasn't very pleasant and we appreciate
your getting together and corning.
Gary Crooks: Thank you folks.
Donald Horsley: Thank you.
William Din: Joe, do we have another speaker?
Joseph Strange: No, that's it.
William Din: Okay. There are no other speakers on this item. Do we have any discussion
among the Commissioners? Comments? Don.
Donald Horsley: I'll start. I'd like to say once again that 1 appreciate the Association
putting together this application to not piece meal this effort to get boatlifts down there. I
think with the conditions that Planning has and with the conditions that the Association has 1
think we got double security here that things are going to be handled right. 1 appreciate Ms.
Dennis' comments too and I'm sure that the Association is going to take those comments to
Item #6
Outdoor Resorts of Virginia Beach Condominium Association, Inc.
Page 5
heart and once again, whenever we're ready I support the application when we're ready for a
motion.
Ronald Ripley: Mr. Din.
William Din: Yes, Ron.
Ronald Ripley: I think the public is served better doing it this way also where the
Association polices themselves and this Commission, City Council and staff doesn't have to
deal with every boatlift that comes down the pike, which could be very time consuming,
expensive and kind of a waste for everybody. So, 1 think this is an appropriate way to
handle it also.
William Din: I too appreciate the grouping of all these applications. 1 guess in our infonnal
meeting we did have that discussion about what constituted a lift. 1 appreciate the Planning
Department coming forward and showing us the different things since I'm not a boater but it
helps me put in my mind what kind of size and what constitutes a lift. 1 guess my
understanding is anything that removes a boat out of the water would constitute a lift under
this 40 number. I think coming forward with 40 and we would evaluate the impact on the
Bay as we move forward here so it does not overcomplicate things. Barry.
Barry Knight: With that said, I would like to make a motion of agenda Item #6 be approved
subject to the conditions herein.
William Din: Thank you Barry. Seconded by Mr. Crabtree. Are we ready for the vote?
AYE 9 NAY 0 ABSO ABSENT 2
ANDERSON ABSENT
CRABTREE AYE
DIN AYE
HORSLEY AYE
KATSIAS AYE
KNIGHT AYE
MILLER AYE
RIPLEY AYE
STRANGE AYE
WALLER AYE
WOOD ABSENT
Ed Weeden: By a vote of9-0, the application of Outdoor Resorts of Virginia Beach
Condominium Association, Inc. has been approved.
William Din: Thank you.
M.
APPOINTMENTS
BOARD OF BUILDING CODE APPEALS- (a) P1urnbing/Mechanica1
(b) Building Maintenance
HEALTH SERVICES ADVISORY BOARD
OPEN SPACE ADVISORY COMMITTEE
PUBLIC LffiRARY BOARD
TOWING ADVISORY BOARD
M. UNFINISHED BUSINESS
o.
NEW BUSINESS
P.
ADJOURNAMENT
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
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DATE: 4/27/2004 D C M R C A W
PAGE: 1 I J L A N R H N I
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AGENDA Z U N N D 0 E I E S 0
ITEM # SUBJECT MOTION VOTE E R E A 0 R V D V 0 0
L E S N X F E T A N D
I. BUDGET WORKSHOP
All Quality Physical Environment/Quality c.theryn
Whitesell,
Organization Director,
Management
Services
II/IIJ/lV1 CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y
VÆI
FIG MINUTES - APPROVED 9-0 Y Y Y Y Y Y A A Y Y Y
B B
INFORMAlJFORMAL SESSIONS 4/13/04 S S
T T
A A
I I
N N
E E
D D
Hla MAYOR'S PROCLAMATION
"SPECIAL OLYMPICS DAY" Accepted by
Robert S. Miller,
Chair and Special
Olympian Jennifer
Jeffers
h MAYOR'S PRESENTATION
SITE SELECTION MAGAZINE AWARD Accepted by
Donald Maxwell,
Department of Economic Development Director and Staff
III PUBLIC HEARING:
ARROWHEAD ELECTION PRECINCT NO SPEAKERS
2 FY-20O4 CAPITAL BUDGET NO SPEAKERS
AMENDMENT- Sanitary Sewer Pump Station
Modifications
3 CITY-OWNED PROPERTY LEASE - NO SPEAKERS
Nimmo Parkway/West Neck Road
J/K/l Ordinance to CHANGE Election Precinct ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
ftom Arrowhcati Elementary School to CONSENT
Carrow Baptist Church
2 Ordinance to LEASE fannland to E. R. ADOPTED, BY ll-O Y Y Y Y Y Y Y Y Y Y Y
Cockrell, Jr. at Nimmo CONSENT
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
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DATE: 4/27/2004 C E S L
PAGE: D C M R C A w
2 I J L A N R H N
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AGENDA Z U N N D 0 E I E S
0
ITEM # SUBJECT MOTION VOTE E R E A 0 R V D V 0
0
L E S N X F E T A N D
3 Ordinance to AMEND FY -2004 Capital ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
BudgetiAPPROPRlATE$I.3 Mre Pump CONSENT
Station Modillcations - Phase IV
4 Ordinance to AUTHORIZE encroachments ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y
hy BRUCE r. THOMPSON re existing CONSENT B
pierlboat liftlbulkhead/mooring piles/floating S
pier/aluminum gangway/ripraplfill at 464 T
Southside Road in Lake Wesley. (DISTRICT 1 A
-BEACH) I
N
E
D
5 Ordinance to APPROVE School Board's ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
requestto TRANSFER $1,737,857 in FY CONSENT
2003-04 Operating:
S 100,000 Custodial Equipment
SI6O,ooo Musical Instrument Repair
$252,857 Trilogy Locks
$180,000 Walkie-talkies
$235,000 Fleet Vehicles
S300,000 Landscape Services
S2oo,000 Copiers
$300,000 Academy Building Modifications
$1,137,857 Instruction to Operations and
Maintainence
S6O0,000 Operations and Maintenance
6 Ordinances to ACCEPT ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
graots/APPROPRlATE: CONSENT
a S9,180 ftom Noñoll< Fooodatioo, to Library
re aceess to oolioe databases
b S567,130 from Departmeot of Justice to ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
weapOOS of mass destructi~g (WMD) events CONSENT
7 Resolution re EXECUTION of Hampton Roads ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Metropolitan Medical Response System Mutual CONSENT
Aid AgreementlMedical Strike Team MOU re
emerge.cy aid/assistance in event of a disaster
or emergency.
UI BAY BREEZE CONDOMlNIUMS closure of APPROVED/ H-O Y Y Y Y Y Y Y Y Y Y Y
portion of Summerville Coort at Carver CONDmONED,
Avenue re development of condos. (BEACH - BY CONSENT
DISTRICT 6).
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
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4/27/2004 C E S L
DATE: D C M R C A W
PAGE: 3 I J L A N R H N I
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AGENDA Z U N N D 0 E I E S 0
ITEM # SUBJECT MOTION VOTE E R E A 0 R V D V 0 0
L E S N X F E T A N D
2 RONALD CJDONNA G. RIPLEY Voriance APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y
to § 4.4(b) that all lots meet CZO at4101 White CONDITIONED,
Acres Road. (DISTRICT 4 - BA YSIDE) BY CONSENT
3 VIRGINIA WESLEYAN COLLEGE CUP APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y
to construct student dormitory/row-house CONDITIONED,
residences at 5817 Wesleyan Drive. BY CONSENT
(DISTRICT 2 - KEMPSVILLE)
4 JEFFREY K. FRANCIS, INe. Qlf'...re iff- APPROVEDI 9-2 Y Y Y N Y N Y Y Y Y Y
site parking lot for proposed restaurant at 2149 CONDITIONED,
Vista Circle (DISTRICT 5 - L YNNHA VEN) AND TO MEET
NEEDS OF
ADJACENT
HOMEOWNERS
5/a OBFP, INe. (Ocean Breeze Fun Park) at 700 MODIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y
South Birdneck Road. (DISTRICT 6 -
BEACH)
MODIFICATION ofÇJJE approved June 23,
1986, re Aqua Sporta, Inc. to remove
amusement park from subject site land area
b COZfrom A-l2/and R-lO to Conditional IA APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y
re industrial office-warehouse PROFFERED
M APPOINTMENTS
BOARD OF BUILDING CODE APPEALS - RESCHEDULED B Y C 0 N S E N S U S
(a)PlumbingfMeehanicaI
(b)BuildingMaintenance
HEALTH SERVICES ADVISORY BOARD RESCHEDULED B Y C 0 N S E N S U S
OPEN SPACE COMMITEE RESCHEDULED B Y C 0 N S E N S U S
PUBLIC LIBRARY BOARD RESCHEDULED B Y C 0 N S E N S U S
TOWING ADVISORY BOARD RESCHEDULED B Y C 0 N S E N S U S
,
N/O/P ADJOURNMENT 6:52PM