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HomeMy WebLinkAboutMAY 8, 2007 MINUTESCITY COUNCIL MAYOR MEYI:RA E. OBERNDORF. At -Large VICE MAYOR LOUIS R. JONES, Bayside -District 4 WILLIAM R. DeST EPH, At -Large HARRY F. D/FZF,'L, Kempsville - District 2 ROBERT M. DYER„ Centerville - District I BARBARA M. HENLEY, Princes Anne District 7 REBA S. MCCLANAN Rase Hall - District 3 JOHN h. UHRIN, Beach -- District 6 RONA. VILLANUFVA, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY MANAGER - JAMES K. SPORE CI77 ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 8 MAY 2007 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (75 7) 385-5669 E- MAIL: Ctycncl@vbgov.com I. CITY COUNCIL WORKSHOP - Conference Room - 1:00 PM A. RESOURCE MANAGEMENT -PLAN FY 2007-2008 Operating and Capital Budget II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION - Conference Room - 4:30 PM 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 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Stephen Ratliff Associate Pastor, First Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. ACQUISITION OF EASEMENTS a. Princess Anne/Kempsville Road Intersection b. Witchduck Road Phase I 2. SALE OF EXCESS PROPERTY To US Fish and Wildlife Service 3. EXCHANGE OF CITY PROPERTY Little Island Park - US Fish and Wildlife Service I. CONSENT AGENDA J. RESOLUTIONS/ORDINANCES May 1, 2007 1. Resolution to AUTHORIZE the powers granted by the Virginia General Assembly pursuant to the Hampton Roads Transportation Authority (HRTA) Act re imposition of specified fees and taxes for transportation 2. Resolution to AUTHORIZE issue by the Virginia Beach Development Authority (VBDA) of Educational Facilities Revenue and Refunding Bonds re Virginia Wesleyan College 3. Resolution to REQUEST the Commonwealth of Virginia adequately fund salaries for employees of the Virginia Beach Court Service Unit 4. Ordinance to AUTHORIZE acquisition of 8.32 acres at 2433 and 2437 Salem Road from A.O.S. Properties, LLC, for $785,000 in support of the BRAC Response Ordinances, the mitigation requirements for the Southeastern Parkway and numerous environmental and open space objectives 5. Ordinances re U.S. Fish and Wildlife Service and Sandbridge Safety Improvements a. DECLARE Excess Property and EXECUTE the agreement for Exchange of Lands re realignment of Sandpiper Road and DIRECT the City Manager to execute the appropriate deed and other documents b. SALE of EXCESS property at 3180 New Bridge Road re expansion of Back Bay National Wildlife Refuge and APPROPRIATE $500,000 from said sale back to the Open Space Site Acquisition Program 6. Ordinances to AUTHORIZE the acquisition of property, in fee simple, for permanent and temporary easements, either by agreement or condemnation, and AUTHORIZE the City Manager to make a reasonable offer to the owners or persons having an interest in the property to improve transportation within the City for: a. Princess Anne Road/Kempsville Road Intersection Improvements b. Witchduck Road Improvements 7. Ordinance to AMEND Sections 36-96 and 36-172 of the City Code re taxicab reciprocity Ordinance to AUTHORIZE and EXECUTE a Sponsorship Agreement re the Third Annual Patriotic Festival and as part of the agreement, AUTHORIZE the expenditure of $200,000 for a grant, $50,000 for a loan and $15,000 from the Tourism Advertising Program (TAP) re out of area advertising; and, require the Patriotic Festival, LLC, to raise $400,000 in private sector funds for the Festival 9. Ordinances to AUTHORIZE temporary encroachments into portions of City property: a. GERALD T. and JAN E. EDWARDS to reconstruct and maintain a pier and construct and maintain a boat lift and rip rap revetment at 2313 Broad Bay Road (DISTRICT 5 — LYNNHAVEN) b. DEWBERRY FARM COMMUNITY ASSOCIATION, INC. to maintain existing landscaping, a subdivision sign and to install and maintain a 4 -inch water and a 2 -inch conduit for irrigation and electric service at Dewberry Lane (DISTRICT 1 — CENTERVILLE) C. THE FUTURA GROUP, LLC, to construct and maintain a pier and return wall at 2072-2074 Tazewell Road (DISTRICT 4 — BAYSIDE) 10. Ordinance to AUTHORIZE the City Treasurer to retain OSI Collection Services, Inc. to attempt collection of delinquent personal property taxes in the amount of $8 -Million K. 11. Ordinances to APPROPRIATE from the Fund Balance of the General Fund to provide interest-free loans re the purchase of new ambulances for various Volunteer Rescue Squads a. $70,000 to Plaza Volunteer Rescue Squad b. $85,000 to Princess Anne Courthouse Volunteer Rescue Squad c. $100,000 to the Sandbridge Volunteer Rescue Squad PLANNING 1. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for ALBERTA and SCOTT WINTERS at 1985 Pleasant Ridge Road (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION: APPROVAL 2. Application of CENTERVILLE BP, INC., for Modification of Conditions to remove the car wash and service kiosk and replace them with a convenience store (approved on September 14, 1987) (DISTRICT 1 — CENTERVILLE) RECOMMENDATION: APPROVAL 3. Application of ALEX WOLCOTT for Expansion of Nonconforming Use to renovate an existing two-story single-family structure and two-story building with four apartments, at 405 23`d Street (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL 4. Application of CONCUT I, LLC, for a Conditional Use Permit re bulk storage of vehicles at 535 London Bridge Road (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL 5. Application of CKC PROPERTIES, LLC for a Conditional Use Permit re a pier at 2533 Virginia Beach Boulevard (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL 6. Application of DFI-VIRGINIA BEACH BLVD, LLC fora Conditional Use Permit re a pier at 2529 Virginia Beach Boulevard (DISTRICT 6 — BEACH) RECOMMENDATION: 7. Application of WINDSOR OAKS WEST PARCEL 3, LLC, for a Change of Zoningfrom B-2 Community Business to Conditional A-18 Apartment at 4392 Holland Road (DISTRICT 3 — ROSE HALL) RECOMMENDATION: APPROVAL L. APPOINTMENTS HEALTH SERVICES ADVISORY BOARD MINORITY BUSINESS COUNCIL M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT June 19 September 18 November 20 CITYWIDE TOWN MEETINGS Location To Be Announced — 7:15 pm Location To Be Announced — 7:15 pm Location To Be Announced — 7:15 pm CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE May 15 (Adoption) Agenda 5/8/07/st www.vbaov.com Council Chamber at 6:00 p.m. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 -1- M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 8, 2007 Mayor Meyera E Oberndorf called to order the City Council Workshop re the RESOURCE MANAGEMENT PLAN (FY 2007-2008 Operating and Capital Budget) in the City Council Conference Room, City Hall, on Tuesday, May 8, 2007, at 1: 00 P.M. Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, Ron A. Villanueva and James L. Wood Council Members Absent: John E. Uhrin Robert M. Dyer, Reba S. McClanan, Rosemary Wilson [Entered: 1:30 P.M] May 8, 2007 -2 - CITY COUNCIL WORKSHOP RESOURCE MANAGEMENT PLAN (FY 2007-2008 Operating and Capital Budget) RECONCILL4 TION 1: 00 P.M. ITEM # 56373 Mayor Oberndorf advised two (2) members of Council, Vice Mayor Jones and Councilman DeSteph, have been working on proposals concerning the FY 2007-2008 Operating and Capital Budget RECONCILL4TION. Vice Mayor Jones read his proposal with suggestions provided by members of City Council. Said letter is hereby made apart of the record. "May 8, 2007 James K Spore City Manager Subject: FY2008 Budget Reconciliation Dear Mr. Spore: In an attempt to start our reconciliation discussion, we would like to offer the following adjustments. Based on taxpayer concern over the rising taxes, we believe we should lower the real estate tax rate by an additional 4¢ beyond that proposed by the City Manager. This will bring the rate down to 89¢ and will necessitate both the City and School System to reduce their budgets. For the Schools, this will mean a $10.9 -MILLION reduction. For the City, it will mean a $10.4 -MILLION reduction. We understand that this is still far beyond what some taxpayers have called for, but we believe to reduce the rate further will result in dramatic reductions in employee compensation, the capital budget and ultimately in our ability to provide needed services to the community. In addition to cutting the City's budget and CIP to absorb this additional rate reduction, we feel that we should take the exemption portion of the Tax Relief for the Elderly and Disabled to the State maximum of $62, 000. This will bring all three sections (Exemption, Freeze, and Deferral) of the program to this new cap. We also are recommending that our direction to staff be that as the state cap adjusts all three sections of this program be maintained at the state cap. For the upcoming fiscal year we will need to increase the budget by $1.1-MILLIONfor this adjustment. The other major policy change we would recommend to the City Manager's proposed budget is to eliminate the recommended increase in the boat tax and to increase the commercial boat, recreational vehicle and airplane tax rates to their old levels. This retains the funding for projects that address the known dredging backlog; however, the timing is simply not right at this point to adjust the tax rates. We are recommending that the City Council Blue Ribbon Task Force on the Budget, once appointed, include this for consideration as a way to diverse our revenue stream and potentially increase tax equity. As identified below, these adjustments plus additional funding for Constitution Drive extended total $13.5 ag r OA $14.9 - MILLION. -M ay 8, 2007 -3 - CITY COUNCIi WORKSHOP RESOURCE MANAGEMENT PLAN (FY 2007-2008 Operating and Capital Budget) RECONCILIATION ITEM # 56373 (Continued) 1) Set the real estate tax rate at 89¢ per $100 of value. This will require reducing the School budget by $10.9 -MILLION and $10.4 -MILLION from the City Estimated Cost = $10.4 -MILLION 2) Increase the threshold on the Tax Exemption portion of the Tax Relief for the Elderly and Disabled Program from the proposed level of $55,700 to the state maximum of $62, 000. Estimated Cost = $1.1 -MILLION 3) Eliminate the proposed increase of the boat tax. Estimated Cost = $1.1 -MILLION 4) Increase the funding for Constitution Drive by $2 -MILLION, bringing the total Cityfunding to $9.2 -MILLION. Estimated Cost = $2.0 -MILLION. 5) Increase dedication to Agriculture Reserve Program (ARP) from City Manager recommended rate of 0.8450 back to 0.90¢ of real estate. Estimated Cost = $0.30 -MILLION Total Cost to the FY2008 Budget = $14.9 -MILLION To offset these costs, I would offer the following savings for consideration: 1) Reduce the set-aside for GASB45. These policies are currently under review by the Benefits Review Task Force established by City Council. The Task force is expected to make recommendations which, when adopted by the City Council, will result in a reduction to the GASB45 actuarial liability. Estimated Savings = $2.5 -MILLION 2) Eliminate the Market Survey Adjustment and implementation. The 1.5% general increase; the 2.0% merit increase; the anticipated 10% increase in the health care contribution; and, the compression adjustments are recommended as proposed by the City Manager. Estimated Savings = $3.8 -MILLION. 3) Change the current overtime policy for non-public safety employees so that discretionary leave (annual leave, compensatory time, holidays, etc.) does not count as time worked for the purposes of calculating overtime. Estimated Savings = $1.0 -MILLION 4) Transfer funds from the Agriculture Reserve Program Fund Balance to the General Fund. Leave the City Council dedication of 0.90¢ of the real estate tax rate for the Agriculture Reserve Program (ARP). Estimated Savings = $5.6 -MILLION May 8, 2007 -4 - CITY COUNCIL WORKSHOP RESOURCE MANAGEMENT PLAN (FY 2007-2008 Operating and Capital Budget) RECONCILL4 TION ITEM # 56373 (Continued) 5) Extend the interval for microcomputer replacements from every 3 %z years to every 4 years. Estimated Savings =,$112, 000 6) Reduce funding to city departments by 4_4840 0.49% (except for Police, Fire, Emergency Medical Services, Sheri Commonwealth's Attorney, Courts, and Human Services). See attached list for impacts on individual departments. Estimated Savings = $1.89 -MILLION Total Savings to the FY2008 Budget = $14 9 -MILLION These reductions are not offered without an understanding of the long term consequences to the workforce and community services. The City Council has several major policies to consider for revision once the Benefits Review Task Force completes its work in July. It is critically important that this group meet this deadline in order to make necessary policy adjustments prior to making the first payment required under GASB45. Also, we do not have the benefit of the School Board's thoughts on the impact of a $10.9 -MILLION reduction on their budget and CIP; however, we believe that the impacts whatever the School Board may decide are necessary given the concerns over rising assessments. We offer these suggestions as a way to begin our discussions. Sincerely, Meyera E. Oberndorf, Mayor Enclosure Louis R. Jones, Vice Mayor Bob Dyer, Council Member Harry E. Diezel, Council Member Reba S. McClanan, Council Member James L. Wood, Council Member John E. Uhrin, Council Member Barbara M. Henley, Council Member Bill R. DeSteph, Council Member Ron A. Villanueva, Council Member Rosemary Wilson, Council Member Mayor Oberndorf, Vice Mayor Jones, Council Members Diezel, Henley, Uhrin, Villanueva and Wilson have all provided recommendations and signed this correspondence. " May 8, 2007 -5 - CITY COUNCIL WORKSHOP RESOURCE MANAGEMENT PLAN (FY 2007-2008 Operating and Capital Budget) RECONCILL4 TION ITEM # 56373 (Continued) The City Manager advised two (2) corrections to the correspondence. Ci Must Reduce $1,890,000 Department Current FY 08 Budget % of Total Department Needs to Cut % of Departments Budget Agriculture $ 1,171, 984 0.30% $ 5,720 0.49% Audit 507,826 0.13% 2,479 0.49% City Manager 3,598,314 0.93% 17,563 0.49% City Real Estate Assessor 2,693,496 0.70% 13,147 0.49% Treasurer 4,929,054 1.27% 24,058 0.49% Commissioner 3,719,397 0.96% 18,154 0.49% Commonwealth's Attorney 0 0.00% 0 0.00% ComIT 30, 429, 423 7.86% 148,521 0.49% Convention and Visitor 24, 360, 408 6.29% 118,899 0.49% Courts 0 0.00% 0 0.00% Economic Development 3,197,181 0.83% 15,605 0.49% Emergency Medical 0 0.00% 0 0.00% Services Finance 4,834,207 1.25% 23,595 0.49% Fire 0 0.00% 0 0.00% General Registrar 1,450,472 0.37% 7,080 0.49% Health 3,397,080 0.88% 16,581 0.49% Housing & Neighborhood 22, 002, 744 5.68% 107,392 0.49% Human Resources 4,707,935 1.22% 22,979 0.49% Human Services 0 0.00% 0 0.00% Law 3,650,765 0.94% 17,819 0.49% Legislative 1,171, 893 0.30% 5,720 0.49% Library 16,601,200 4.29% 81,028 0.49% Management Services 4,015,049 1.04% 19,597 0.49% Museums 10,211,773 2.64% 49,842 0.49% Non -Departmental 26, 959, 874 6.96% 131,587 0.49% Parks and Recreation 40, 523, 664 10.47% 197,789 0.49% Planning 12, 764, 085 3.30% 62,299 0.49% Police 0 0.00% 0 0.00% Public Utilities 63, 314, 489 17.38% 328,551 0.49% Public Works 93, 016, 509 24.02% 453,998 0.49% Sheriff & Corrections 0 0.00% 0 0.00% Total Reductions to Departments $1,890,000 Relative the interval for computer replacement, Catheryn Whitesell, Director - Management Services, advised an annual purchase contract is bid out every year to determine best pricing. A problem is not anticipated with extending the replacement cycle to four (4) years. Some public safety computers must be replaced to meet the new software requirements. Management Services will work with COMIT to assure these are completed at the last of the 3 Y year cycle. May 8, 2007 M CITY COUNCIL WORKSHOP RESOURCE MANAGEMENT PLAN (FY 2007-2008 Operating and Capital Budget) RECONCILIATION ITEM # 56373 (Continued) Councilman Diezel advised Sheriff Lanteigne is in attendance to discuss the recommendation concerning Public Safety personnel. This might be another item to consider. Sheri Lanteigne distributed information concerning the Virginia Retirement System Public Safety Multiplier. Senator Ken Stolle has worked for years toward enhancing the multiplier for public safety personnel within the Virginia Retirement System. The State of Virginia ranks near the bottom when it comes to retirement compensation for safety personnel. Governor Tim Kaine noted that this year when he supported legislation increasing the multiplier from 1.7% per year to 1.85% per year for members of the State Police and elected Sheriffs. This legislation also provides an option for localities to increase the retirement multiplier for their Public Safety personnel, effective July 1, 2007. The Public Safety Retirement through the Virginia Retirement System was known as the Virginia Supplemental Retirement System. Virginia, with the VRS, is now ranked forty-ninth (49`h) out of fifty (50) states concerning the multiplier. In addition to this multiplier, the Public Safety group receives approximately $10,000 as a supplement. A few years ago, the City enacted a change to the Virginia Retirement System for some, which reduced the supplement but changed the multiplier to 2. 0, which was believed to be the actuarial equivalent. Even at 2. 0, Virginia is still below forty-seven (4 7) other states. Governor Kaine proposed $11.5 -MILLION for Sheriff's Deputies and $2.3 -MILLION for State Troopers to boost retirement benefits, which currently rank among the Nation's worst. "We should not be at the bottom of the pack". Sherriff Lanteigne referenced information concerning the House (98 to O) and Senate Votes (40-0) APPROVING the AMENDMENT and REENACTMENT to §§51.2-138 and 51.1-206 of the State Code relating to benefits for State Police Officers. Sheriff Lanteigne has met with all the public safety groups and the request is the City Council redirect the 1.5% general increase for Public Safety personnel towards enhancing the multiplier to 1.85%. effective July 1, 2007. This would equate to approximately $1.94 -MILLION. The Virginia Retirement System indicates the City of Virginia Beach blended rate would increase by .71% which equates to $1.93 - MILLION (almost a wash). Public Safety is not asking for additional funds. Councilman Lanteigne advised the State Law allows localities to opt into this program effective July First. The selling point of recruitment would be an enhanced benefit towards retirement. The City Manager advised the 1.5% general increase is an attempt to reflect the cost of living. Assuming the City is not abandoning the market salary survey, next year or the year after, the Police Officers will be dropping behind the market, so this compensation will have to be given and the City Council will end up paying for both the amount to increase the multiplier and the market survey. This is not a cost neutral proposition unless City Council is willing to abandon the market approach. Upon retirement, 1.7 is the multiplier the City employees receive. Patricia Phillips, Director of Finance, advised on April 30, 2007, she forwarded a memorandum advising the Virginia Retirement System has provided preliminary numbers concerning the cost for increasing the multiplier for Public Safety and VRS would wish to recalculate this next year. Councilman DeSteph suggested the Employee Benefits Review Task Force review this concept. He did not want to create two (2) classes of Retirees. May 8, 2007 -7 - CITY COUNCILWORKSHOP RESOURCE MANAGEMENT PLAN (FY 2007-2008 Operating and Capital Budget) RECONCILL4 TION ITEM # 56373 (Continued) Mrs. Phillips advised concerning disability retirement, the staff has been working on this issue for the past two (2) years and has implemented a formal "return to work" policy, rather than people being at home on injury leave. The staff will find a position which the disabled person can perform as soon as he or she is able. The staff is also conducting preliminary discussions with JLARC and has amended administrative policies regarding administration termination concerning managing those injured. A Safety and Health Plan will be introduced shortly. The Third Party administrator for Workman's Compensation has been changed. Generally Workman's Compensation proceeds a job related disability retirement. One issue is the way the Virginia Retirement System defines disability. Mrs. Whitesell advised the funds could be held in reserve until the City Council makes a decision which would not go into effect until July First. Fagan Stackhouse, Director of Human Resources, advised the merit increase is based on the employees' overall performance and is given once a year. Eight hundred sixty-nine (869) employees will be topped out as of June 30, 2007, and will not be eligible for a merit increase. Councilman DeSteph distributed the Employee Bene its Review Task Force Retiree Healthcare Plan - Task Force Recommendations and Budget Pieces from Bill DeSteph The Employee Benefits Review Task Force has prepared the following recommendations: Take steps to reduce the unfunded Retiree healthcare liability and, to the extent practical, fund the annual required contribution as determined by the plan actuaries. Provide existing and future Retirees with twenty-five (25) or more years of service and those who retired or retire on a work-related disability with five (5) or more years of service access to the health insurance plans offered to active employees and any additional plan (s) specifically designed for Retirees. In order to consistently provide Retirees with coverage comparable to the coverage provided to active employees, the coverage for persons who retire or have retired with twenty-five (25) or more years of service or on a work-related disability with five (5) or more years of service may change annually as the coverage provided to active employees changes. In order to qualify for Retiree health care benefits, the retiring employee must be enrolled in a city -sponsored health care program at the time of retirement. Provide employees who retire under Virginia Retirement System guidelines with ten (10) or more years of cumulative service with the City of Virginia Beach access to City Retiree healthcare plans. Provide a graduated subsidy (based on service) that in aggregate provides no more than 50% of the Implicit Subsidy that the City currently provides to these Retirees. In order to qualify for retiree health care benefits, the retiring employee must be enrolled in a City -sponsored health care program at the time of retirement. May 8, 2007 -8 - CITY COUNCIL WORKSHOP RESOURCE MANAGEMENT PLAN (FY 2007-2008 Operating and Capital Budget) RECONCILIATION ITEM # 56373 (Continued) Provide access to coverage for dependents of person who retire on or after January 1, 2008, with the retiree paying the full actuarial cost of the coverage for such dependents (i.e. without the Implicit Subsidy). Only dependents of a City employee who are covered on a City -sponsored health insurance plan at the time of the City employee's retirement may participate as dependents in a City -sponsored health insurance plan once the employee retires. No dependents shall be added after the date of retirement. Retiree dependents currently enrolled in the program may continue to participate; however, no dependents shall be added by current Retirees on or after January 1, 2008. The City should consider reducing, over time, the Implicit Subsidy provided to the dependents of current Retirees. Require all single -subscriber Retirees and employees to pay a percentage of the annual health care premium in order to receive health coverage. This will eliminate the provision of free health care to single subscribers. Initially, all single -subscribers should pay 5% of their annual health care premium and City Council should consider incremental percentage increases. Councilman DeSteph referenced his "Budget Pieces from Bill DeSteph ". Items on which to focus with the overall goal of real estate taxes being 86¢ or lower: 1. Salary increases for all City employees, with the exemptions for Ppublic Safety Compression, 2.2%increase for the year. This includes: Market, General Increase and Merit. (Work with Management Services to determine savings) 2. Any position not filled, with the exception of Public Safety and Human Services, on the date of the adoption of the Budget, May 15, 2007, the position would be "gapped "for four (4) months. The savings would be approximately $2 -MILLION. 3. On average, the City returns $5.5 -MILLION in unused vacancy and fringe benefit funding or 1.8% of budget compensation (FY 2007). Do not put this into the year end reserve. Take it off the front of the budget. 4. Look at selling $25 -MILLION of City property. This will build the property base by an additional $25 -MILLION, so a double effect. (This concept was actually to fund the Bayside Recreation Center). 5. Reduce departmental travel across the board to 2.5%. 6. Limit GASB 45 contribution to $3.2 -MILLION with the addition of the $3.5 -MILLION that is already set aside. This will save approximately $2.5 -MILLION 7. Reduce the Reserve for Future Commitments from $13,718,083 to $11,500, 000 for a reduction of $2.281 -MILLION. 8. Reduce the Total Estimated Undesignated fund Balance at June 30, 2007, from 10.12% to 9% or from $105,926,054 to $94.231,968, a reduction of about $11.6 -MILLION. May 8, 2007 I!E CITY COUNCIL WORKSHOP RESOURCE MANAGEMENT PLAN (FY 2007-2008 Operating and Capital Budget) RECONCILIATION ITEM # 56373 (Continued) *Items 3 and 8 would reduce the tax rate to 86¢. Councilman DeSteph believed the following Local Revenue Formulas should be reviewed: Agriculture Reserve Program Economic Development Investment Program Open Space School Formula Mrs. Whitesell advised the Reserve is 10.12% in the proposed budget. If the Reserve dropped to 10%, $1.2 -MILLION could be utilized for a one time purpose, as per policy. Dropping to 9.5%, $6.4 -MILLION would be 'freed up " and dropping to 8% would 'free up " $22 -MILLION. The City Manager advised the City Council has struggled for years to maintain a Double AA Plus Rating. The City Manager was adverse to utilizing the Reserve to lower the tax rate. Ms. Phillips advised the credit rating for cities such as Virginia Beach is based on its financial management. Utilizing the Reserve to lower the tax rate would be viewed as a negative factor in the evaluation of the City's credit. BY CONSENSUS, a Retreat shall be SCHEDULED with the City Council and the Virginia Beach City Public School Board. Council Lady Henley referenced the possible Storn, water fee increase. Mrs. Whitesell will provide information. The Rosemont Forest project is still unfunded. Council Lady Henley inquired when the City diverted from attempting to complete the neighborhood projects. Water quality is an issue and the City Council will be briefed relative this issue by the Green Ribbon Committee. Rather than having two "pots of money", water quality and drainage improvements, the water quality should be addressed with the flooding issues. Phillip Davenport, Interim Director — Public Works, advised because of ongoing issues, Lake Trant has not fully been paid out. The $822, 000 costs encompasses all the projects funded, not just 2008 funding. Mr. Davenport will provide information concerning the specific neighborhood projects to be accomplished in 2008 and the water quality projects. There are situations which involve strictly water quality concerns (in the Lynnhaven area outfalls). Mayor Oberndorf expressed concurrence re the issue of Rosemont Forrest and the concerns of the residents abutting the Lake at Mount Trashmore should be addressed. Mr. Davenport advised the design funds are available, which will involve through the next fiscal year. As next year's Operating Budget is prepared, Public Works will include in the Capital Improvement Program construction funds necessary for Rosemont Forrest. Mr. Davenport advised as per City Council's direction, Rosemont Forest will be a high priority. Council Lady McClanan requested a list of consultants utilized by Communications and Information Technology (ComIT). Mrs. Whitesell advised this ii.formation is available and will be forwarded to Council Lady McClanan. May 8, 2007 -10 - CITY COUNCIL WORKSHOP RESOURCE MANAGEMENT PLAN (FY 2007-2008 Operating and Capital Budget) RECONCILIATION ITEM # 56373 (Continued) In preparation of the next Biennial Budget, Councilman Villanueva wishes the City Council to review technology. There are many projects which will increase efficiency and save man hour costs. Councilman Villanueva requested information concerning savings resulting from utilization of technology. Mayor Oberndorf referenced the information distributed re the Proposed Expansion — Judicial Center Parking Lot. A new surface parking lot is planned for the corner of George Mason Drive and Nimmo Parkway. This will be the southwest corner of the Judicial Center. The site is approximately 1.7 acres. This lot will contain approximately one hundred thirteen (113) parking spaces. The site will require a retention pond with the capacity of approximately 9,900 cubic feet of storage. Required landscaping for this lot will be approximately 3,400 square feet. Estimates provided by Public Works — Engineering indicate a construction cost of approximately $3, 000 per space. This would include the asphalt surface, markings, landscaping, electrical infrastructure, curbs, gutters and storm water retention system. Estimated project cost of construction - $339,000. Funding still needs to be identified. This is an unfunded project. Council Lady McClanan suggested alternate solutions to addressing the parking problem by charging for parking (user fees). She does not believe the public would mind paying for the parking. Mrs. Whitesell advised preliminary work had been conducted on user fees for Judicial Parking. Some attorney's are willing to pay. This would not generate $300,000 in a short time frame. The staff would also have to review looking at broadening the paying out to the workforce (perhaps charging for premium parking). Information shall be provided. The City Manager reviewed the list of transportation projects suggested as possibilities for deferral or modification in order to fund Princess Anne and Nimmo Parkway. Phillip Davenport, Director of Public Works, referenced these candidate projects: Elbow Road Phase II ($1.2 -MILLION), Indian River Road Phase VII ($12.8 -MILLION, Laskin Road Phase I ($6.5 - MILLION, Lynnhaven Parkway Phase XI ($1.4 -MILLION and Witchduck Road Phase H ($6.4 - MILLION. These projects would be deferred, as funds for construction are not yet available. The funds are not programmed within VDOT's 6 -year Improvement Program. Therefore, deferral of these projects will not be a major change in the program. Other, than providing the funds to continue forward with Nimmo Parkway (Cost, $68 -MILLION) and Princess Anne (Cost, $45 -MILLION). Mr. Davenport further advised re the amounts in addition to the previous costs advised, the funds going into Princess Anne Phase IV are Indian River Road Phase VII ($11.1 -MILLION), Laskin Road Phase I ($5.6 -MILLION) and Witchduck Road Phase II ($1.5 -MILLION). Therefore, there is a total of $23.3 - MILLION going into Nimmo V and $18.3-MILLLION into Princess Anne Phase IV. May 8, 2007 -11 - CITY COUNCIL WORKSHOP RESOURCE MANAGEMENT PLAN (FY 2007-2008 Operating and Capital Budget) RECONCILIATION ITEM # 56373 (Continued) Council Lady Henley advised Princess Anne Road from Dam Neck to the Municipal Center is a two- lane road, which carries an inordinate amount of traffic. Nimmo Parkway is non-existent at this point, but would relieve the traffic from the two lanes of Princess Anne Road from the Municipal Center to General Booth. Those two lanes are also totally gridlocked several times during the day. Mr. Davenport advised the calculation re transportation funding is usually 2% City, 98% Virginia Department of Transportation (VDOT). Re Nimmo Parkway and Princess Anne Road, the design and acquisition is currently underway but still two (2) years way from actual construction. May 8, 2007 -12 - CITY COUNCIL COMMENTS 3:25 P.M. ITEM # 563 74) Council Lady Wilson referenced attending on Monday, May 7, 2007, a Regional Studies Group formulated by the Hampton Roads Partnership. A survey was distributed to all Members of City Council and Board of Supervisors. The number one issue was Unfunded Mandates. The second issue was the communities do not work together regionally with the Members of the General Assembly. ITEM # 56375 Councilman DeSteph publicly thanked the The Employee Benefits Review Task Force for their dedicated efforts in compiling recommendations, which equates to $2.5 -MILLION. ITEM # 56376 Councilman DeSteph advised his daughter's solo for All City Chorus is tonight, and he apologizes but must depart the City Council Session at 6:30 P.M. May 8, 2007 -13 - CITY COUNCIL LIAISON REPORTS 4:03 P.M. ITEM # 56377 Mayor Oberndorf advised she attended The Aquarium, Virginia Marine Science Museum, this weekend honoring crystal donors reflecting contributions of $250,000. ITEM # 56378 Council Members Villanueva, Liaison — Minority Business Council, advised the Minority Business Council in conjunction with the City, hosted a Small, Women and Minority Owned businesses Educational/Networking Event at the Advanced Technology Center (ATC), on April 26, 2007. The guest speaker was Allegra F. McCullough, President and Chief Executive Officer — Allegra F. McCullough and Associates, LLC. Under President George W. Bush, she was appointed to the position of Associate Deputy Administrator for Government Contracting and Business Development at the United States Small Business Administration in May 2004. One hundred fifty (150) businesses around the area attended the event and David Hansen, Chief of Finance and Communication, welcomed the attendees. A Security firm, owned by African-Americans won a multi-million dollar contract. with the City. The Minority Business Council strives to attract quality businesses to the City of Virginia Beach. May 8, 2007 -14- A GENDA REVIEW SESION ITEM # 56379 J. RESOLUTIONS/ORDINANCES 1. Resolution to AUTHORIZE the powers granted by the Virginia General Assembly pursuant to the Hampton Roads Transportation Authority (HRTA) Act re imposition of specified fees and taxes for transportation Vice Mayor Jones advised the City of Norfolk, ADOPTED the Resolution today re the Hampton Roads Transportation Authority Act (HRTA), by a vote of 8-0. Councilman DeSteph referenced a list of questions and answers re the Hampton Roads Transportation Authority Act (HRTA), which had been distributed and are hereby made a part of the record. Councilman DeSteph still requires clarification on some of the questions. Council Members DeSteph and Henley had additional questions regarding the Transportation plan. These questions and answers, as produced by staff, are as follows: 1) What is the cost for the set up, construction and administration of the toll booths/collection platforms? I have heard numbers from 15% - 40% of the first year of expected taxes generated. The generally accepted statistic is that tolls collected through electronic toll collection means require approximately 15% of the tolls collected annually to pay for capital, the actual collection and maintenance, etc. Because the toll collection will be centralized for all six projects, economy of scale will be achieved through over one million transactions a day. 2) I have asked one of our members of the General Assembly to look into whether we need to put this out to Referendum or not. The Attorney General will proti ide a response back today or tomorrow? No response needed. 3) In House Bill 3202ER2, line 762, discusses that the political subdivision or instrumentality thereof having control of or day-to-day responsibility for the operation of the facility ... and shall take all necessary actions to ensure that every newly constructed toll facility... What is the manpower requirement impact on Virginia Beach? Line 762, basically requires that any new toll roads have their tolls collected electronically. This would have no manpower requirement impact on the City of Virginia Beach. 4) What is the ratio of dollars collected in Virginia Beach for the dollars spent in Virginia Beach on roadways? I am familiar with the 40% piece; however, I would like to know overall with a greater level of fidelity. May 8, 2007 -15- A GENDA RE V� E W SESION ITEM # 56379 (Continued) Approximately 29% of the revenues less tolls are collected from Virginia Beach residents, which will produce approximately $50 -MILLION in the first year. Assuming that the total cost of the projects will be $10 -BILLION (cost is not certain at this time) with the cost of the Southeastern Greenbelt now estimated at $2.25 to $2.5 -BILLION, approximately 25% of the project costs are directly in Virginia Beach and 29% of the revenue will be collected from our citizens, again less tolls. A case can be made that all of the projects directly impact Virginia Beach to one extent or another. Certainly the interstate improvements in Chesapeake are important to the success of the Southeastern Parkway, just as the improvements to the crossing of Hampton Roads and 1-64 on the Peninsula are important to our commerce, and especially tourism. There are also the benefits that will be attributed to Virginia Beach and the region through the improvements throughout Route 460. Also 25% of trips on the Third Crossing have a trip "end" in Virginia Beach. Most of the other projects also have the same impact on Virginia Beach. 5) I also understand that there is minimal if any impact on the City's bond rating. Has Patricia Phillips, Director of Finance, asked the question and received confirmation? This question was explained in the memo from the City's Financial Advisor, PFM,* dated April 23, 2007, previously provided to you in the City Manager's Friday Package to Council. As is stated in the memo, "there are few underlying or overlapping entities in Virginia; therefore, most localities in the Commonwealth have little or no overlapping debt. " While it is still early, the details of the feasibility studies and other due diligence, like bond coverage, have not been determined, it is 1 ike)y that there will be little impact on the credit of the City of Virginia Beach. 6) Also discussed is when the bonds for the Bay Bridge Tunnel are paid for that it will come under the Authority, when are the bonds going to be paid off? The current term for the existing Chesapeake Bay Bridge Tunnel debt is 2017, unless additional debt is incurred. 7) Under additional fees...In the bill, it states that the court shall assess a person with the following fees upon each conviction of the following offense: 1) Driving while his license was suspended $250; Reckless Driving, etc. Would this not be considered double jeopardy or charging someone twice for a crime? This is under the Statewide Transportation Plan and basically enhances penalties for repeat offenders. The second offenses will only apply to those second offenses that occur after July 1, 2007, which changed from the previously proposed legislation where double jeopardy would have been an issue if the offenses that occurred before July I were counted. 8) Same question above with number 7 regarding all of the things such as driver demerit points, etc. See above. May 8, 2007 -16- A GENDA REVIEW SESION ITEM # 56379 (Continued) 9) How will the administration be set up to collect from the auto mechanics? Specifically if a small business must now add an additional tax, will the business have to report this as an additional gross receipt tax? The state taxation department will be collecting the sales tax on automobile repairs. Please be reminded that there is currently an exemption on repairs for the sales tax, which is just being repealed in Hampton Roads. All sales taxes, including this tax on auto repairs, will not be part of the income under BPOL. 10) In Article 4. 1, it talks about a fuel sales tax of 2%, assuming a per gallon price of $3, what would that raise for the Hampton Roads region? What would the impact be on the average citizen in the Hampton Roads area? The direct impact of the 2% gas tax on the average household with 2.0 vehicles per household would cost an average of $74.85 per year. This was computed on the average of Energy Information Administration's per capita fuel consumption estimates and the Environmental Protection Agency's average vehicle miles traveled. More background information was supplied to you in the May 4 City Manager Friday Package to Council. 11) On the current fuel tax, it is at 17.1 ¢ per gallon, is this correct? If this bill is approved, then we would look at 23.14 per gallon, again estimating a $3 per gallon rate. What are the comparisons for the surrounding states? The taxes of the surrounding states are as follows: a. North Carolina - 30.2¢ per gallon b. West Virginia - 31.5¢ per gallon c. Maryland - 23.5¢ per gallon d. Tennessee - 21.4¢ per gallon e. Kentucky - 18.5¢ per gallon (2006 figures) 12) If fuel is used in a boat, tractor or construction equipment, will the State refund the 23.1 ¢ per gallon or will the State refund 17.1 ¢ and the regional Authority refund the other 0.06¢? This is an issue that will have to be addressed. One of the reasons that the MPO has suggested that the localities authorize the powers be given to the HRTA as soon as possible, is this and many other technical issues that need to be worked through. Also please bear in mind that the Authority's taxes must be advertised for Public Comment for 60 days prior to the January 1, 2008, start date as is specified in the legislation. 13) On the piece where we add 0.10¢ to the property tax, how will that be tracked with respect to the real estate taxes? It seems with all of the problems we are having now; we will have an additional 10-13% added to what is already breaking the backs of residents. Do I read this as optional or not? For both residential and commercial? Each locality within the HRTA can add up to 0.10¢ on the commercial real estate tax local option, excluding multi family. This money would be collected as part of the regular real estate tax billing process and must be dedicated to transportation purposes within the locality in which it is collected. The additional revenue would be retained by the City, not contributed to the HRTA. May 8, 2007 -17- A GENDA REVIEW SESION ITEM # 56379 (Continued) Additional questions sent by a Virginia Beach citizen, forwarded by Councilman DeSteph: 1) How is it that based upon the estimates provided to Council, 27% of the total HRTA population will contribute 30% of the total funds collected and will realize a return of 12.5% of the total funds expended on proposed projects? Our Authority vote will equal 14% of the HRTA majority. Response provided in question/answer #4 above. 2) Who, specifically, will represent our City on the HRTA? What was/is the selection criteria and who selected this person? The Chief Elected Officer or her designee shall serve with voting privileges. Decisions of the HRTA shall require the affirmative vote of the majority of the voting members present, and voting members present must result in at 1 east fifty-one percent of the total population of the counties and cities. 3) Why the rush to this vote? The taxes will become effective on January 1, 2008. In order for this to take place, the taxes must be advertised through the Administrative Processes Act 60 days prior to the effective date. Before advertising, the cities, localities and the HRTA must work out a myriad of details with various agencies, such as DMV and the State Tax Department, as to how the funds will be collected and accounted for. This will take a tremendous effort, thus the need to have the HRTA empowered as soon as possible. Questions from Council Lady Henley: 1) To what extent can the General Assembly make adjustments to the Bill to fix any problems? The General Assembly can change the bill at arty time while in session. In fact, as Senator Stolle stated at the April 24, 2007, City Council Meeting, the General Assembly will have to amend the Bill in regards to the collection process for vehicle registration taxes. 2) Will Virginia Beach get reimbursed for the right-of-way for the Southeastern Expressway it has already purchased? This will likely be a Public -Private Partnership Project, for which the City will negotiate with the firm that proposes to build the project at that time. 3) What is the discretionary part of the Bill re the imposition of taxes by the City or Authority? The Bill contains three issues on discretionary taxes, for which information was provided in the May 4 City Manager Friday Package to Council. Localities can add an additional $10 vehicle registration fee to the $20 that is in the bill - $10 for the State and $10 for the region. This would be collected in the same method likely through DMV. The localities can also assess impact fees, which will be dependent on the charge developed for each project. These fees will be collected by the jurisdiction and stay in the jurisdiction for transportation. Each locality can increase its commercial real estate tax rate up to 0.10¢ which will also be collected by the City, stay within the City and must be used for transportation. May 8, 2007 -18- A GENDA REVjEW SESION ITEM # 56379 (Continued) 4) What part of the debt incurred by the Authority overlaps the City debt? As addressed in the answer to Councilman DeSteph, it is too early to say if this debt will be overlapping or not. Our financial advisors think that there is a good case that little, if any, of the debt will be considered overlapping debt for the City. While there is still work the HRTA would need to develop a plan of finance, such as coverage, source of the collection, etc., we will work with HRTA to assure there is little if any impact on the localities credit rating. There may have been some confusion by some of the rating agencies as to the HRTA issuing debt, which would be serviced by the increase in the local commercial real estate tax rate. As mentioned above, we would not be issuing debt through the Authority for this purpose. ITEM # 56380 7. Ordinance to AMEND Sections 36-96 and 36-172 of the City Code re taxicab reciprocity Charles Meyer, Chief Operating Officer, advised the Attorney for the Black and White Cab Company had requested a DEFERRAL. Stan Slone from Beach Taxi indicated he would like to have a change in reciprocity as it relates to return trips. This ordinance shall be AMENDED, with the following verbiage: Lines 28-32: (b) Notwithstanding the provisions of the prior subsection any taxicab that is duly licensed in one of the reciprocity providing localities listed below may, after delivering a passenger to a location within the City, pick up a passenger in the City and deliver the passenger to the locality in which the taxicab is licensed. The reciprocity -providing localities are: Newport News Portsmouth Suffolk ITEM # 56381 BY CONSENSUS, the following shall compose the CONSENT AGENDA: K RESOLUTIONS/ORDINANCES 2. Resolution to AUTHORIZE issuance by the Virginia Beach Development Authority (VBDA) of Educational Facilities Revenue and Refunding Bonds re Virginia Wesleyan College 3. Resolution to REQUEST the Commonwealth of Virginia adequately fund salaries for employees of the Virginia Beach Court Service Unit 4. Ordinance to AUTHORIZE acquisition of 8.32 acres at 2433 and 2437 Salem Road from A.O.S. Properties, LLC, for $785, 000 in support of the BRAC Response Ordinances, the mitigation requirements for the Southeastern Parkway and numerous environmental and open space objectives May 8, 2007 -19- A GENDA REVIEW SESION ITEM # 56381 (Continued) 5. Ordinances re U.S. Fish and Wildlife Service and Sandbridge Safety Improvements a. DECLARE Excess Property and EXECUTE the agreement for Exchange of Lands re realignment of Sandpiper Road and DIRECT the City Manager to execute the appropriate deed and other documents b. SALE of EXCESS property at 3180 New Bridge Road re expansion of Back Bay National Wildlife Refuge and APPROPRIATE $500, 000 from said sale back to the Open Space Site Acquisitio.'7 Program 8. Ordinance to AUTHORIZE and EXECUTE a Sponsorship Agreement re the Third Annual Patriotic Festival and as part of the agreement, AUTHORIZE the expenditure of $200, 000 for a grant, $50, 000 for a loan and $15, 000 from the Tourism Advertising Program (TAP) re out of area advertising; and, require the Patriotic Festival, LLC, to raise $400, 000 in private sector funds for the Festival 9. Ordinances to AUTHORIZE temporary encroachments into portions of City property: a. GERALD T. and JAN E. ED WARDS to reconstruct and maintain a pier and construct and maintain a boat lift and rip rap revetment at 2313 Broad Bay Road (DISTRICT 5 — LYNNHAYEN) b. DEWBERRY FARM COMMUNITYASSOCIATION, INC. to maintain existing landscaping, a subdivision sign and to install and maintain a 4 -inch water and a 2 -inch conduit for irrigation and electric service at Dewberry Lane (DISTRICT 1— CENTERVILLE) C. THE FUTURA GROUP, LLC, to construct and maintain a pier and return wall at 2072-2074 Tazewell Road (DISTRICT 4 — BAYSIDE) 10. Ordinance to AUTHORIZE the City Treasurer to retain OSI Collection Services, Inc. to attempt collection of delinquent personal property taxes in the amount of $8 - Million 11. Ordinances to APPROPRIATE from the Fund Balance of the General Fund to provide interest free loans re the purchase of new ambulances for various Volunteer Rescue Squads a. $70,000 to Plaza Volunteer Rescue Squad b. $85, 000 to Princess Anne Courthouse Volunteer Rescue Squad c. $100, 000 to the Sandbridge Volunteer Rescue Squad Vice Mayor Jones will ABSTAIN on Item 4 (AOS Properties, LLC) Council Lady McClanan will vote a VERBAL NAY on Item 5b. (sale of excess property — 3180 New Bridge Road) Councilman Wood DISCLOSED on Item 11 (Volunteer Rescue Squads), as his wife is a member of the Plaza Volunteer Rescue Squad May 8, 2007 -20- A GENDA REVIEW SESION ITEM # 56382 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA L. PLANNING 1. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for ALBERTA and SCOTT WINTERS at 1985 Pleasant Ridge Road (DISTRICT 7 — PRINCESS ANNE) 2. Application of CENTERVILLE BP, INC., for Modification of Conditions to remove the car wash and service kiosk and replace them with a convenience store (approved on September 14, 1987) (DISTRICT 1— CENTERVILLE) 3. Application of ALEX WOLCOTT for Expansion of a Nonconforming Use to renovate an existing two-story single-family structure and two-story building with four apartments, at 405 23d Street (DISTRICT 6 - BEACH) 4. Application of CONCUT I, LLC, for a Conditional Use Permit re bulk storage of vehicles at 535 London Bridge Road (DISTRICT 6 — BEACH) 5. Application of CKC PROPERTIES, LLC for a Conditional Use Permit re a pier at 2533 Virginia Beach Boulevard (DISTRICT 6 — BEACH) 6. Application of DFI-VIRGINIA BEACH BLVD, LLC for a Conditional Use Permit re a pier at 2529 Virginia Beach Boulevard (DISTRICT 6 — BEACH) 7. Application of WINDSOR OAKS WEST PARCEL 3, LLC, for a Change of Zoning from B-2 Community Business to Conditional A-18 Apartment at 4392 Holland Road (DISTRICT 3 — ROSE HALL) Council Lady Henley DISCLOSED on Item K 1 (ALBERTA and SCOT WINTERS) Variance, she has an interest in property adjacent to this application, but is able to participate in the discussion and vote. May 8, 2007 -21- ITEM 21- ITEM # 56383 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities and Agencies PUBLICLY -HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly -held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of Property Beach District. Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council voted to proceed into CLOSED SESSION (4:22 P.M.). Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Closed Session: 4:22 P.M. — 5:08 P.M.) (Dinner: 5:30.M. — 6:00 P.M.) May 8, 2007 -22 - FORMAL SESSION VIRGINL4 BEACH CITY COUNCIL May 8, 2007 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGIN14 BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 8, 2007, at 6:00 P.M. Council Members Present: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: William R. "Bill" DeSteph [Attending daughter's solo for All City Chorus] INVOCATION: Reverend Stephen Ratliff Associate Pastor, First Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made apart of the record. May 8, 2007 -23 - FORMAL SESSION VIRGINL4 BEACH CITY COUNCIL (Continued) Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made apart of the record. May 8, 2007 -24 - Item V -E. CERTIFICATION OF CLOSED SESSION ITEM # 56384 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill " DeSteph May 8, 2007 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #56383, Page 21, and in accordance with the provisions of The Virginia Freedom of Informadon 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. Hodges Fraser, MMC City Clerk May 8, 2007 Item V -F.1. MINUTES -25 - ITEM #56385 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of May 1, 2007. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph May 8, 2007 well Item V -G 1. ADOPT AGENDA FOR FORMAL SESSION ITEM 56386 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION May 8, 2007 Item V -G 2. PRESENTATION -27 - ITEM 56387 Mayor Oberndorf recognized the following Boy Scout in attendance to fulfill requirements for his Communications and Citizenship badge. Troop 628 Jacob Ratliff Norfolk, Virginia Christ the King Catholic Church Mayor Oberndorf presented Jacob with a City Seal pin from the City of Virginia Beach. May 8, 2007 -28 - Item V-.H.I.a.b. PRESENTATION ITEM #.56388 Mayor Oberndorf DECLARED A PUBLIC HEARING: ACQUISITON OF EASEMENTS a. Princess Anne -1 Kempsville Road Intersection b. Witchduck Road Phase I The following registered to speak in OPPOSITION: Cheryl House, 266 South Witchduck Road, Phone: 515-5621, 22 year resident of Witchduck Road, home is being demolished. Thirty-eight (38) residents are being forced out of their houses. Barbara Ives, 299 South Witchduck Road, Phone: 490-1555, 30 year resident, was advised of meetings concerning this project by a "flashing" billboard on Kempsville Road Theresa Smith, 215 South Witchduck Road, Phone: 499-8688. Her home will be acquired by the City. May 8, 2007 -29 - Item V -H.2. PUBLIC HEARING ITEM #56389 Mayor Oberndorf DECLARED A PUBLIC HEARING: SALE OF EXCESS PROPERTY US FISH AND WILDLIFE SERVICE There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING May 8, 2007 -30 - Item V -H.3 PUBLIC HEARING ITEM #56390 The Mayor opened the Public Hearing: EXCHANGE OF CITY PROPERTY Little Island Park — US Fish and Wildlife Service There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING May 8, 2007 -31 - Item V J. RESOLUTIONS/ORDINANCES ITEM #56391 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Resolutions/Ordinances 2, 3, 4, 5a/b, 8, 9a/b/c/ and 11 a/b/c of the CONSENT AGENDA Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph Vice Mayor Jones ABSTAINED on Item J.4. (A.O.S. Properties, LLC. Vice Mayor Jones advised Resource Bank holds a mortgage on this property. Vice Mayor Jones DISCLOSED for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a `persona? interest" in Fulton Financial. Vice Mayor Jones must ABSTAIN from voting or participating in discussion concerning this item. Council Lady McClanan voted a VERBAL NAY on Item 5b. (sale of excess property — 3180 New Bridge Road) Councilman Wood DISCLOSED on Item 11 (Volunteer Rescue Squads), as his wife is a member of the Plaza Volunteer Rescue Squad May 8, 2007 -32 - Item V.J.1. RESOL UTIONS/ORDINANCES ITEM #56392 The following registered to speak in SUPPORT. Senator Kenneth W. Stolle, 700 Pavilion Center, Phone: 486-5700 Michael J. Barrett, 2210 Parks Avenue, Suite 600 Jim Flinchum, 2309 Mariner's Mark Way 4401, Vice -Chair — Hampton Roads Chamber of Commerce/ Virginia Beach Steve McNulty, 2101 Parks Avenue, Suite 200, 2007 Chair — Hampton Roads Chamber of Commerce/Virginia Beach Dana Dickens, 430 World Trade Center, Phone: 625-4696 James Morris, 2336 Rockingchair Lane, 430-1852, requested DEFERRAL and town meetings be scheduled for citizen comments, registered as UNDECIDED. The following registered in OPPOSITION Bob Hedrick, requested the Resolution be DEFERRED to allow further public comments. Sandy Linkous, represented the Virginia Beach Tax Payers Association and read a letter from John Moss, 5225 South Lake Road, in OPPOSITON Darl Anderson, 4425 Jeanne Street, Phone; 373-1407 Howard Allen, 1060 Colonial Meadows Way, Phone; 496-0600 Ray Russell, 1716 Moon Valley Drive, Phone: 288-4813 John McMullen, 504 Ben Hogan Drive, Phone: 499-3799 John Fenter, 909 West Ferry Plantation Road, Phone: 497-8052 Robert O'Connor, 204 52nd Street, Phone; 425-0902, represented the Citizens Action Coalition. Ben Krause, 1436 Five Hill Trail, Phone; 486-3721 Reid Greenmun, 2621 Sandpiper Road, requested further public comment. Carolyn Lincoln, 1200 Sotheby Court, Phone; 467-0401. May 8, 2007 -33 - Item V J.1. RESOLUTIONS/ORDINANCES ITEM #56393 Upon motion by Vice Mayor Jones, seconded by Councilman Diezel, City Council ADOPTED: Resolution to AUTHORIZE the powers granted by the Virginia General Assembly pursuant to the Hampton Roads Transportation Authority (HRTA) Act re imposition of specified fees and taxes for transportation Voting: 8-2 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M. Henley and Reba S. McClanan, Council Members Absent: William R. "Bill" DeSteph May 8, 2007 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA 2 BEACH, VIRGINIA, APPROVING THE POWERS GRANTED BY THE 3 GENERAL ASSEMBLY OF THE COMMONWEALTH OF VIRGINIA TO 4 THE HAMPTON ROADS TRANSPORTATION AUTHORITY PURSUANT TO 5 THE HAMPTON ROADS TRANSPORTATION AUTHORITY ACT, 6 SECTIONS 33.1-391.6 ET SEQ. OF THE CODE OF VIRGINIA OF 7 1950, AS AMENDED 8 WHEREAS, the General Assembly of the Commonwealth of 9 Virginia has enacted, and the Governor of the Commonwealth of 10 Virginia has approved, the Hampton Roads Transportation 11 Authority Act, Sections 33.1-391.6 et seq. of Chapter 10.2 of 12 the Code of Virginia of 1950, as amended (the Act); 13 14 WHEREAS, the Act, which becomes effective July 1, 2007, 15 creates the Hampton Roads Transportation Authority (the 16 Authority) as a body politic and political subdivision of the 17 Commonwealth of Virginia embracing the Counties of Isle of 18 Wight, James City and York and the Cities of Chesapeake, 19 Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, 20 Virginia Beach and Williamsburg; 21 22 WHEREAS, the voting members of the Authority consist of the 23 chief elected officer of the governing body (or his or her 24 designee, who shall be a current elected officer of such 25 governing body) of the counties and cities embraced by the 26 Authority; 27 28 WHEREAS, the Act empowers the Authority, among other things 29 to impose or assess certain specified fees and taxes for 30 imposition or assessment by the Authority, including a gasoline 31 sales tax, a real property conveyance grantor's tax, a vehicle 32 rental tax, a vehicle safety inspection fee, an initial vehicle 33 registration fee, a sales tax on auto repair labor and an annual 34 vehicle registration fee, in all the counties and cities 35 embraced by the Authority; 36 37 WHEREAS, the Act provides that the fees and taxes 38 authorized by the Act for imposition and/or assessment by the 39 Authority shall only be imposed and/or assessed by the Authority 40 if (i) at least seven of the twelve governing bodies of the 41 counties and cities embraced by the Authority that include at 42 least fifty-one percent (51%) of the population of the counties 43 and cities embraced by the Authority pass a duly adopted 44 resolution stating their approval of such power of the Authority 45 to impose and/or assess the fees and taxes specified in the Act 46 no later than December 31, 2007, and, thereafter (ii) at least 47 seven of the twelve voting members of the Authority that include 48 at least fifty-one percent (51%) of the population of the 49 counties and cities embraced by the Authority vote in the 50 affirmative to impose and/or assess all of the fees and taxes 51 authorized by the Act for imposition and/or assessment by the 52 Authority in all of the counties and cities embraced by the 53 Authority; and 54 55 WHEREAS, the City Council of the City of Virginia Beach, 56 Virginia, approves of the powers granted to the Authority under 57 the Act to impose and/or assess the fees and taxes authorized by 58 the Act and in the amounts specified therein; 59 60 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE 61 CITY OF VIRGINIA BEACH, VIRGINIA: 62 63 1. The City Council of the City of Virginia Beach, 64 Virginia, as contemplated by the Act and in accordance 65 therewith, hereby approves the powers granted to the Authority 66 under the Act to impose and/or assess the fees and taxes 67 authorized thereby and in the amounts specified therein, 68 including a gasoline sales tax, a real property conveyance 69 grantor's tax, a vehicle rental tax, a vehicle safety inspection 70 fee, an initial vehicle registration fee, a sales tax on auto 71 repair labor, an annual vehicle registration fee, and tolls, 72 such fees and taxes constituting all of the fees and taxes 73 authorized by the Act. 74 75 2. The City Council of the City of Virginia Beach, 76 Virginia, hereby recommends to the Authority that it vote in the 77 affirmative to impose and/or assess all of the fees and taxes 78 authorized by the Act and in the amounts specified therein for 79 imposition and/or assessment by the Authority in all of the 80 counties and cities embraced by the Authority. 81 82 3. This Resolution shall take effect on July 1, 2007. 83 gq 4. The Clerk of the City Council of the City of Virginia 85 Beach, Virginia, shall provide a copy of this Resolution to the 86 Clerks of the House of Delegates and the Senate of the 87 Commonwealth of Virginia as soon as practicable after the 88 effective date hereof. 89 90 Adopted by the Council of the City of Virginia Beach, 91 Virginia, on this 8th day of May, 2007. APPROVED AS TO CONTENT -W]&- City Manager's Office CA10378 R-2 April 24, 2007 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's ffice -34 - Item V.J.2. RESOLUTIONS/ORDINANCES ITEM #56394 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to AUTHORIZE issue by the Virginia Beach Development Authority (VBDA) of Educational Facilities Revenue and Refunding Bonds re Virginia Wesleyan College Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph May 8, 2007 1 RESOLUTION OF CITY COUNCIL OF THE 2 CITY OF VIRGINIA BEACH, VIRGINIA 3 APPROVING ISSUANCE OF EDUCATIONAL 4 FACILITIES REVENUE AND REFUNDING 5 BONDS FOR VIRGINIA WESLEYAN 6 COLLEGE 7 8 g WHEREAS, the City of Virginia Beach Development 10 Authority (the Authority) has considered the application of 11 Virginia Wesleyan College (the College) for the issuance of 12 the Authority's Educational Facilities Revenue and 13 Refunding Bonds (the Bonds) in an amount not to exceed 14 $31,000,000 to assist the College (a) to finance the 15 construction and equipping of six buildings consisting of 16 four townhouse units to accommodate 96 student beds on the 17 campus of the College at 5817 Wesleyan Drive, Virginia 18 Beach, Virginia, (b) to refinance the outstanding principal 19 balance of up to $23,000,000 of tax-exempt debt incurred by 20 the College to finance the acquisition, construction and 21 equipping on the College's campus of academic, 22 administrative, services, athletic, maintenance and storage 23 facilities, parking areas, dormitories, the Academic 24 Village II, a business office, a book store, a student 25 center/athletic complex and access roads to certain of such 26 facilities, and (c) to finance the cost of issuing the 27 Bonds; and 28 29 WHEREAS, the Authority held a public hearing with 30 respect to the plan of finance and the Bonds on April 17, 31 2007, and adopted an inducement resolution with respect 32 thereto; and 33 34 WHEREAS, the Internal Revenue Code of 1986, as amended 35 (the Code), provides that the highest elected governmental 36 officials of the governmental unit having jurisdiction over 37 the issuer of private activity bonds shall approve the 38 issuance of such bonds; and 39 40 WHEREAS, the Authority issues its bonds on behalf of 41 the City of Virginia Beach and the members of the City 42 Council of the City of Virginia Beach (the Council) 43 constitute the highest elected governmental officials of 44 the City of Virginia Beach; and 45 46 WHEREAS, Section 15.2-4906 of the Code of Virginia of 47 1950, as amended (the Virginia Code), provides that the 48 Council shall, within sixty (60) calendar days from the 49 public hearing with respect to industrial development 50 revenue bonds either approve or disapprove the issuance of 51 such bonds; and 52 53 WHEREAS, a copy of the Authority's resolution 54 approving the issuance of the Bonds, a reasonably detailed 55 summary of the comments expressed at the public hearing 56 with respect to the Bonds and a statement in the form 57 prescribed by Section 15.2-4907 of the Virginia Code have 58 been filed with the Council, together with the Authority's 59 recommendation that the Council approve the issuance of the 60 Bonds; 61 62 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 63 THE CITY OF VIRGINIA BEACH, VIRGINIA: 64 65 1. The recitals made in the first preamble to this 66 resolution are hereby adopted as a part of this resolution. 67 68 2. The City Council of the City of Virginia Beach, 69 Virginia, approves the issuance of the Bonds by the 70 Authority for the purposes stated herein, such approval 71 being given to the extent required by the Code and Section 72 15.2-4906 of the Virginia Code. 73 74 3. The approval of the issuance of the Bonds, as 75 required by the Code and the Virginia Code, does not 76 constitute an endorsement to a prospective purchaser of the 77 Bonds of the creditworthiness of the College and, as 78 required by Chapter 643 of the Acts of Assembly of 1964, as 79 amended (the Act), the Bonds shall provide that neither the 80 City of Virginia Beach nor the Authority shall be obligated 81 to pay the Bonds or the interest thereon or other costs 82 incident thereto except from the revenues and monies 83 pledged therefore and neither the faith or credit nor the 84 taxing power of the Commonwealth of Virginia, the City of 85 Virginia Beach or the Authority shall be pledged thereto. 86 87 4. This resolution shall effect immediately upon its 88 adoption. 89 Adopted by the Council of the City of Virginia Beach, 90 Virginia, on the 8th day of May , 2007. CA10307 V:\applications\citylawprod\cycom32\W pdocs\D027\P002\00032265.DOC R-1 May 1, 2007 APPROVED AS TO LEGAL SUFFICIENCY: ity Attorney �r �\. W� PNiNOxv 64 �2 QP AO I' PP PB \` Lake IMA rig S4ryW of to \ P 0 '.IS NPEEWB G ?GPP1A �-..ATTI oA Id's UPISON a '6f 9Lf, c SEOGEMOOP �a :FY. out g I J �G MA LOA i p WOCFSIER kfj o (Fy4ry 7f y.t+l-.,, E i aLvo OR 1 NOLCOMB M ZHARNESS CT A 7 COACHMAN CT Tp3'�` DA POND d -,BROAD MOOPEB cARMISTINE CT _~ MEADOWS LT e- F -- u Wo3loya0 COIIBg S < EP 4 MDOSE P_ aZBaYsidoo'NENOEh`MOi C9w. JHSSP Y GWE0. i LONDONDERRY c o ,ABC - aM��Pe �i EPSE P s U Gl y Utl CST, 9!�'�0 OW c s UoaP P �NA� Nf v U e q CP BU aN S a h, A gq00'46JP' IICNMIMSTER_ EE CT fErC LA ePo r «uEY�PP�PE 'r I�Villiams E MrA� BEACKPOOIE E x� Al A O IMP,i f4 CHARLES Li E5�♦PT' �P Gig �� O J v t W NASTI CT EK,y O EO'SL :� d �t�E3' G Fq ,$f AO M\ ' Gt 4 Fqa. WA"A CT \i 4Vfal e 0 iTwOO 4 s C Ci �st fo vo S1ogfHO 4A1 bqy. D Ct vIS Y i o C F a rE, PfgECgINF Cq, f ,yf ajr ST i m a FT f n C 165 CO - 4Agr " i a W i OR AVF Cas � i �4W MORAIfeetive�`- e� (`;_ IgAfj� �I �: earning aree r pevelopm t on e A 6REENVACI _% RO RAYS[CY.... ttL4N0 IA L ».�f . PROJECT NAME Virginia Wesleyan College Revenue Bonds PROJECT LOCATION: 11584 Wesleyan Drive Virginia Beach, VA VIRGINIA BE-AoCH The Honorable Meyera E. Oberndorf, Mayor Members of City Council Municipal Center Virginia Beach, VA 23456 Re: Virginia Wesleyan College Revenue Bonds Department of Economic Development 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757) 385-6464 FAX (757) 499-9894 Website: www.vbgov.com E-mail: ecdev@vbgov.com April 17, 2007 Dear Mayor Oberndorf and Members of City Council: We submit the following in connection with project Virginia Wesleyan College located at 1584 Wesleyan Drive in the cities of Norfolk and Virginia Beach, Virginia. (1) Evidence of publication of the notice of hearing is attached as Exhibit A, and a summary of the statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach Development Authority's (the "Authority") resolution recommending Council's approval is attached as Exhibit C. (2) The Disclosure Statement is attached as Exhibit D. (3) The statement of the Authority's reasons for its approval as a benefit for the City of Virginia Beach and its recommendation that City Council approve the modification of the bonds described above is attached as Exhibit E. (4) The Fiscal Impact Statement is attached as Exhibit F. The Honorable Meyera E. Oberndorf, Mayor Members of City Council April 17, 2007 Page 2 (5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and identifying the Project and the principals. (6) Attached as Exhibit H is a letter from the Department of Economic Development commenting on the Project. Ve truly yours, Page . Lea Vice Chair DVJ/GLF/mlg Enclosures Exhibit A W —OW GPOHp iL•� Pn. etm� vt _..H 'g����Q�i~��x-aN4 ��cf0i,v J go All 6i 3L 3W�aUQy;at�g•Ku% 4 'p .44 Yg'�Q ryOC�54.`COi.N Y41 0 2 G 0 y U uQi O q � X 9-11 C: rtwu : fro a4jM U00u U oaf E E Uw i) Q bS+'+ O W 0 -C 74 i�J ?4 ca :7 IIaCJ O,, )u a) rl al E a M rt -C U] F -I 4) �: —1 74 > }4 'd Ra Y) Y O N •re s �+Z'v -.�7m a w s s>, Q) .Q 'd to z Czl W � 4'ai W P. -i 0 1 N .' a.114 +A X L H7 U w Ln CO .-1 C `n.,4 rA a) ,-i fa jr 'd O C-4 M O C^ 6 I -D is > ' i .1 O •r! ill Z-. Cr ("1 061 -rl -ri rel +--+.:..1 �.-: :�., 4J J. U KI ri C i £ f2 •• :3 U _3 MX, _1 my 0n w fL s itE F �i�x Or, i4 -acv a.J �� w •p '+1� >,C- m Oar. JcE+7 C+7 Ci '7 TS.�DM u -;ai4r1.f2 -,, ?, ^ :C Ch ill O .J W ry L •P- V U 43 N is to (U ,rowUy� 0 2 G 0 Exhibit B SUMMARY OF PUBLIC HEARING WITH RESPECT TO EDUCATIONAL FACILITIES REVENUE AND REFUNDING BONDS FOR VIRGINIA WESLEYAN COLLEGE At 8:45 a.m. on April 17, 2007, the Chairman of the City of Virginia Beach Development Authority (the Authority) announced the commencement of a public hearing of the Authority in the conference room at its office located at 222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia 23462, on the plan of finance of Virginia Wesleyan College (the College), whose business is located at 1584 Wesleyan Drive, Norfolk, Virginia 23502, for the issuance by the Authority of its educational facilities revenue and refunding bonds in an amount not to exceed $31,000,000 to assist the College (a) to finance the construction and equipping of six buildings consisting of four townhouse units to accommodate 96 student beds on the campus of the College at 5817 Wesleyan Drive, Virginia Beach, Virginia, (b) to refinance the outstanding principal balance of up to $23,000,000 of tax-exempt debt incurred by the College to finance the acquisition, construction and equipping on the College's campus of academic, administrative, services, athletic, maintenance and storage facilities, parking areas, dormitories, the Academic Village II, a business office, a book store, a student center/athletic complex and access roads to certain of such facilities (the Project), and (c) to finance the cost of issuing the Bonds. Caryl S. Johnson, Bond Counsel, spoke and disclosed to the Authority the nature of the financing plan, and then invited questions concerning the financing from members of the Authority. Cary Sawyer, Vice President of Finance of the College, answered questions concerning the expansion plans of the College and the need for additional student housing. No other comments being made by anyone from the public, the public hearing was closed at 9 a.m. :ODMA\PCDOC S\DOC SNFK\ 1212648\ I Exhibit C 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 request of Virginia Wesleyan College, a Virginia nonprofit, nonstock corporation (the College) the principal business address of which is 1584 Wesleyan Drive, Norfolk, Virginia 23502, for the issuance by the Authority of its educational facilities revenue and refunding bonds in an amount not to exceed $31,000,000 (the Bonds) to assist the College in (a) financing the construction and equipping of six buildings consisting of four townhouse units to accommodate 96 student beds on the campus of the College at 5817 Wesleyan Drive, Virginia Beach, Virginia, (b) ) refinancing the outstanding principal balance of up to $23,000,000 of tax-exempt debt incurred by the College to finance the acquisition, construction and equipping on the College's campus of academic, administrative, services, athletic, maintenance and storage facilities, parking areas, dormitories, the Academic Village II, a business office, a book store, a student center/athletic complex and access roads to certain of such facilities and (c) financing the cost of issuing the Bonds; and WHEREAS, the College in its appearance before the Authority and its application has described the benefits to the City of Virginia Beach, Virginia (the City), to be derived from the above described plan of finance and refinance (collectively hereinafter referred to as the Project) and has requested the Authority to agree to issue the Bonds under Chapter 643 of the Acts of Assembly of 1964, as amended (the Act) to finance the Project; and WHEREAS, a public hearing with respect to the above matters has been held on April 17, 2007, as required by Virginia law and Section 147(f) of the Internal Revenue Code of 1986, as amended (the Code). BE IT RESOLVED BY THE CITY OF VIRGINIA DEVELOPMENT AUTHORITY: 1. It is hereby found and determined that the issuance of the Bonds for the Project will benefit the inhabitants of the City and promote their education, safety, health, welfare, convenience and prosperity. 2. The Authority hereby agrees to assist the College in the financing of the Project by undertaking the issuance of the Bonds upon terms and conditions to be mutually agreed upon between the Authority and the College. The College will execute and deliver a promissory note which will provide payments to the Authority sufficient to pay the principal of and premium, if any, and interest on the Bonds and to pay all other expenses in connection with the issuance of the Bonds and the Authority's administration thereof. The Bonds shall be issued in form and pursuant to terms to be set by the Authority, and the payment of the Bonds shall be secured by an assignment, for the benefit of the holders thereof, of the Authority's rights to payments under the promissory note. 3. It having been represented to the Authority that it is necessary to proceed immediately with the financing of the Project, the Authority hereby agrees that the College may take such steps as it 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 moneys or the performance of any acts in connection with the Project. The Authority agrees that the College may be reimbursed from the proceeds of the Bonds for all expenditures so incurred by it beginning from the date that is 60 days prior to the date of this resolution and as otherwise approved by bond counsel and this resolution is intended to constitute a reimbursement resolution with respect to such expenditures within the meaning of Treasury Regulations Section 1.150 -2(d) -(f). 4. The Authority hereby agrees to the recommendation of the College that Kaufman & Canoles, P.C., be appointed as bond counsel and hereby appoints such firm to supervise the proceedings and approve the issuance of the Bonds. 5. The Authority hereby agrees, if requested, to accept the recommendation of the College with respect to the purchase of the Bonds by a commercial bank or investment bank pursuant to terms to be mutually agreed upon. 6. 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. 7. 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 is hereby approved and confirmed. 8. The Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia (the Council), approve the issuance of the Bonds 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 comments expressed at the public hearing held by the Authority pursuant to §15.2-4906 of the Virginia Code on the date hereof, and a copy of this resolution. 9. 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 April 17, 2007, and that such resolution is in full force and effect on the date hereof. Dated: April Sa, 2007 :ODMA\PCDOCS\DOCSNPK\ 1203388\2 Secretary, City of Virginia Beach Development Authority 2 Exhibit D DISCLOSURE STATEMENT Date: April 10, 2007 Applicant's Name(s): Virginia Wesleyan College All Owners (if different from applicant): N/A Type of Application: Rezoning: From To Conditional Use Permit: Street Closure: Subdivision Variance: Other: Bond Application 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 completed by or for the Owner (if different from 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. By: 4 Vice President for'Finance Superintendent, Peninsula District United Methodist Church Newport News, Va. Roy E. Hendrix Real Estate Management Virginia Beach, Va. Charlene Payne Kammerer (ex officio) Presiding Bishop, Richmond Area United Methodist Church Glen Allen, Va. David Kaufman Founder & Senior Managing Director, Envest Virginia Beach, Va. Lemuel E. Lewis Executive Vice President, CFO, Landmark Communications Norfolk, Va. John E. Lingo, Jr. Vice President, Jack Lingo Realty Lewes, Del. Frederick V. Martin Managing Director, Virginia Investment Counselors, Inc. Norfolk, Va. Daniel A. Mason President, VWC Alumni Board Master Property Claims Representative, Nationwide Insurance Virginia Beach, Va. Charles A. McFadden Executive Vice President, Max Media, Inc. Virginia Beach, Va. E. George Middleton, Jr. Chairman, E.G. Middleton, Inc. Norfolk, Va. Emily S. Miles Public Relations Norfolk, Va. Jerrold L. Miller President, Earl Industries, Inc. Portsmouth, Va. Tassos J. Paphites Chairman and CEO, Burgerbusters, Inc. Virginia Beach, Va. Jeanne P. Ross Community Leader and Volunteer Virginia Beach, Va. William S. Shelhorse President, Chesapeake Bay Contractors, Inc. Virginia Beach, Va. Anne B. Shumadine President, Signature Financial Management Norfolk, Va. Susan Cougill Torma'72 Retired Principal Virginia Beach, Va. Mark Towe President and COO, Oldcastle Materials, Inc. Washington, D.C. John N. Vest (ex officio) Superintendent, Portsmouth District United Methodist Church Portsmouth, Va. Trustees Emeriti Jerry G. Bray, Jr.* Retired Judge Virginia Beach, Va. William J. Fanney *Deceased :ODMA\PCDOCS\DOCSNFK\1206889\1 "RGINIA-IL BENCH Exhibit E Department of Economic Development 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757)385-6464 FAX (757) 499-9894 Website: www.vbgov.com E-mail: ecdev@vbgov.com VIRGINIA WESLEYAN COLLEGE REVENUE BONDS The Authority recommends approval of the issuance and sale of revenue and refunding of bonds in a total amount not to exceed $31,000,000 for Virginia Wesleyan College. It is the finding of the Department of Economic Development that the additional improvements proposed for Virginia Wesleyan College located on Wesleyan Drive will benefit the citizens of Virginia Beach by providing additional higher educational facilities, and thereby meeting the public purpose test. Exhibit F FISCAL IMPACT STATEMENT SUBMITTED TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Dated: April 17, 2007 CITY OF VIRGINIA BEACH DEVEL ENT AUTHORITY Ey: V i b. LQr Chairman VIRGINIA WESLEYAN COLLEGE By: ice President r Finance ::ODM A\PCDOCS\DOCSNFK\ 1212783\1 The undersigned applicant, in order to permit Virginia W esleyan College to submit 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: 5817 Wesleyan Road, Virginia Beach, VA 1. Maximum amount of financing sought $31,000,000 2. Estimated taxable value of facility's real property to be constructed in the locality $7,000,000 3. Estimated real 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 -0- 6. a. Estimated dollar value per year of goods that will be purchased From Virginia companies within the locality $770,887 b. Estimated dollar value per year of goods that will be purchased from non -Virginia companies within the locality $0 C. Estimated dollar value per year of services that will be purchased from Virginia companies within the locality $237,314 d. Estimated dollar value per year of services that will be purchased from non -Virginia companies within the locality $0 7. Estimated number of regular employees on year round basis (FTE) 2 8. Average annual salary per employee $46,000 Dated: April 17, 2007 CITY OF VIRGINIA BEACH DEVEL ENT AUTHORITY Ey: V i b. LQr Chairman VIRGINIA WESLEYAN COLLEGE By: ice President r Finance ::ODM A\PCDOCS\DOCSNFK\ 1212783\1 Exhibit G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY REVENUES OND 1. PROJECT NAME: 2. LOCATION: 3.DESCRIPTION OF PROJECT: 4. 5. 6. AMOUNT OF BOND ISSUE: PRINCIPALS: ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed: C. If so, to what zoning classification? Virginia Wesleyan College 5817 Wesleyan Drive City of Virginia Beach, Virginia Financing new dormitory facility and refinancing academic, administrative, services, athletic maintenance and storage facilities, parking areas, dormitories, the Academic Village II, a business office, a book store, a student center/athletic complex and access roads to certain of such facilities. $31,000,000 See attached list of Trustees Yes No XX Real Estate Management Virginia Beach, Va. Charlene Payne Kammerer (ex officio) Presiding Bishop, Richmond Area United Methodist Church Glen Allen, Va. David Kaufman Founder & Senior Managing Director, Envest Virginia Beach, Va. Lemuel E. Lewis Executive Vice President, CFO, Landmark Communications Norfolk, Va. John E. Lingo, Jr. Vice President, Jack Lingo Realty Lewes, Del. Frederick V. Martin Managing Director, Virginia Investment Counselors, Inc. Norfolk, Va. Daniel A. Mason President, VWC Alumni Board Master Property Claims Representative, Nationwide Insurance Virginia Beach, Va. Charles A. McFadden Executive Vice President, Max Media, Inc. Virginia Beach, Va. E. George Middleton, Jr. Chairman, E.G. Middleton, Inc. Norfolk, Va. Emily S. Miles Public Relations Norfolk, Va. Jerrold L. Miller President, Earl Industries, Inc. Portsmouth, Va. 'lassos J. Paphites Chairman and CEO, Burgerbusters, Inc. Virginia Beach, Va. Jeanne P. Ross Community Leader and Volunteer Virginia Beach, Va. William S. Shelhorse President, Chesapeake Bay Contractors, Inc. Virginia Beach, Va. Anne B. Shumadine President, Signature Financial Management Norfolk, Va. Susan Cougill Torma'72 Retired Principal Virginia Beach, Va. Mark Towe President and COO, Oldcastle Materials, Inc. Washington, D.C. John N. Vest (ex officio) Superintendent, Portsmouth District United Methodist Church Portsmouth, Va. Trustees Emeriti Jerry G. Bray, Jr.* Retired Judge Virginia Beach, Va. William J. Fanney Retired Director and Chairman Emeritus, Life Savings Bank Virginia Beach, Va. Exhibit H MM91 use w4i I April 17, 2007 Mr. Donald V. Jellig Chairman Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 Subject: Virginia Wesleyan College Bond Dear Don: Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757)385-6464 FAX (757) 499-9894 Website: www.vbgov.com The Department of Economic Development approves the issuance and sale of revenue and refunding of bonds in a total amount not to exceed $31,000,000 for Virginia Wesleyan College. It is the finding of the Department of Economic Development that the additional improvements proposed for Virginia Wesleyan College located on Wesleyan Drive will benefit the citizens of Virginia Beach by providing additional higher educational facilities, and thereby meeting the public purpose test. I will be happy to answer any questions you may have at our meeting. Sincerely, Mark R. Wawner Project Development Coordinator MRW:Ils -35 - Item V.J.3. RESOLUTIONS/ORDINANCES ITEM #56395 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to REQUEST the Commonwealth of Virginia adequately fund salaries for employees of the Virginia Beach Court Service Unit Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph May 8, 2007 1 A RESOLUTION REQUESTING THAT THE 2 COMMONWEALTH OF VIRGINIA ADEQUATELY FUND 3 THE VIRGINIA BEACH COURT SERVICE UNIT 4 WHEREAS, the Virginia Beach Court Service Unit is a state agency and a unit of 5 the state's Department of Juvenile Justice; 6 7 WHEREAS, the Court Service Unit serves the Juvenile and Domestic Relations 8 District Court, which is also a state agency, by facilitating the rehabilitation or treatment 9 of those who come before the court; 10 t's functions include intake, investigation, 11 WHEREAS, the Court Service Uni 12 probation, after-care, and domestic care; 13 14 WHEREAS, the Virginia Beach Court Service Unit has the third largest caseload 15 of at -risk youth and families in the state; 16 17 WHEREAS, the City is responsible for providing the Court Service Unit with office 18 space, furniture, telephones, and certain detention facilities, and City Council 19 appropriated $2.265 million to the Court Service Unit for this purpose in the current 20 fiscal year; 21 22 WHEREAS, the state is responsible for providing funding for salaries, equipment, 23 office supplies and maintenance; 24 25 WHEREAS, the sub -standard level of funding provided by the state for salaries 26 has resulted in the Court Service Unit experiencing a 79.6% turnover in staff in the past 27 four -and -a -half years; 28 29 WHEREAS, at -risk youth and complex family issues require experienced 30 counselors, and difficulties in retaining and recruiting staff due to low state salaries 31 negatively impact citizen service and at -risk youth and families. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 36 1. That City Council hereby requests that the local delegation to the General 37 Assembly take any and all actions necessary to provide adequate funding for the 38 salaries of the state employees who staff the Court Service Unit. 39 40 2. That the City Clerk shall forward a copy of this resolution to each member 41 of the local delegation to the General Assembly and to the Department of Juvenile 42 Justice. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia on the Eighth 45 day of , 2007. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA10388 V:\applications\citylawprod\cycom32\Wpdocs\D003\P002\00032623. DOC R-1 May 3, 2007 -36 - Item V.J.4. RESOLUTIONS/ORDINANCES ITEM #56396 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE acquisition of 8.32 acres at 2433 and 2437 Salem Road from A.O.S. Properties, LLC, for $785, 000 in support of the BRAC Response Ordinances, the mitigation requirements for the Southeastern Parkway and numerous environmental and open space objectives Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Mayor Meyera E. Oberndorf, Wilson and James L. Wood Council Members Voting Nay: helm Council Members Abstaining: Vice Mayor Louis R. Jones, Council Members Absent: William R. "Bill" DeSteph Dyer, Barbara M. Henley, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, Rosemary Vice Mayor Jones ABSTAINED and advised Resource Bank holds a mortgage on this property. Vice Mayor Jones DISCLOSED for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a `personal interest" in Fulton Financial. Vice Mayor Jones must ABSTAIN from voting or participating in discussion concerning this item. May 8, 2007 1 2 AN ORDINANCE TO AUTHORIZE THE 3 ACQUISITION OF AN APPROXIMATELY 8.32 4 ACRE SITE LOCATED AT 2433 AND 2437 5 SALEM ROAD (GPINS 1484-23-6232 AND 6 1484-23-8037) IN THE CITY OF VIRGINIA 7 BEACH FOR $785,000 FROM A.O.S. 8 PROPERTIES, LLC 9 10 11 WHEREAS, A.O.S. Properties, LLC, a Virginia limited liability 12 company ("A.0.S."), owns two parcels of real estate comprising a 13 total of 8.32 acres located at 2433 and 2437 Salem Road in the City 14 of Virginia Beach having a GPINS of 1484-23-6232 and 1484-23-8037 15 (collectively referred to as the "Property"); 16 17 WHEREAS, to help determine the potential value to the City in 18 acquiring the properties in the Inter -facility Traffic Area 19 ("ITA"), the ITA Committee was established. The ITA Committee is 20 comprised of representatives from the City Departments of Economic 21 Development, Management Services, Parks and Recreation, Planning, 22 Public Works/Real Estate, the City Attorney's Office, and the U.S. 23 Navy. The ITA Committee identified the Property as a parcel to be 24 considered for acquisition as part of the Joint Land Use Study 25 (JLUS) adopted in May of 2005; 26 27 WHEREAS, the Property is located within the 65-70dB noise 28 impact zone; 29 30 WHEREAS, the City Council of the City of Virginia Beach, 31 Virginia (the "City Council") is of the opinion that the acquisition 32 of the Property would further (1) the City's commitment to meet and 33 follow through on the adopted JLUS Plan and subsequent BRAC Response 34 ordinances, adopted on December 20, 2005, (2) the City's commitment 35 to accommodate necessary environmental mitigation requirements to 36 help receive a favorable EIS document and subsequent permits for the 37 Southeastern Parkway and Greenbelt, and (3) the City's commitment to 38 accomplish numerous environmental protection and open space 39 objectives as set forth in the adopted Comprehensive Plan and other 40 documents adopted by reference as part of the Comprehensive Plan; 41 42 WHEREAS, A.O.S. desires to sell the Property to the City of 43 Virginia Beach (the "City"); 44 45 WHEREAS, A.O.S. and City staff have worked with the City 46 Attorney to draft a Purchase Agreement that sets forth the 47 responsibilities and obligations of the parties upon terms and 48 conditions mutually agreeable to both parties; and 49 50 WHEREAS, funding for this acquisition is available in the 51 OCEANA & ITA CONFORMITY & ACQUISITION (CIP 9-060.002). 52 53 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 54 BEACH, VIRGINIA: 55 56 1. That the City Council authorizes the acquisition of the 57 Property by purchase pursuant to § 15.2-1800 of the Code of 58 Virginia (1950), as amended, which Property is more particularly 59 described on Exhibit "A" attached hereto. 60 61 2. That the City Manager or his designee is authorized to 62 execute on behalf of the City of Virginia Beach, a Purchase 63 Agreement for the Property, for the aggregate sum of $785,000 and 64 in accordance with the Summary of Terms attached hereto as Exhibit 65 "B" . 66 67 3. That the City Manager or his designee is further 68 authorized to execute all documents that may be necessary or 69 appropriate in connection with the purchase of the Property, so 70 long as such documents are acceptable to the City Manager and the 71 City Attorney. 72 73 Adopted by the Council of the City of Virginia Beach, 74 Virginia, on the 8th _ day ofmAy , 2007. CA10310 Date: April 27, 2007 R-1 X.\01D\REAL ESTATE\Acquisitions\WORKING - DEEDS\ITA (DF6410)\AOS.Ordinance (3).DOC APPROVED AS TO CONTENT: Public Works/Real Esta APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's O fice EXHIBIT B SUMMARY OF TERMS AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF AN APPROXIMATELY 8.32 ACRE SITES LOCATED AT 2433 AND 2437 SALEM ROAD (GPINS 1484-23-6232 AND 1484-23- 8037) IN THE CITY OF VIRGINIA BEACH FOR $785,000 FROM A.O.S. PROPERTIES, LLC OWNER: A.O.S. Properties, LLC, a limited liability company BUYER: City of Virginia Beach SALE PRICE: $785,000 PROPERTY DESCRIPTION: 1484-23-6232 - 2.07 Acres - 2433 Salem Road 1484-23-8037 - 6.25 Acres - 2437 Salem Road Total 8.32 Acres SETTLEMENT DATE: On or before May 31, 2007. V :\applications\citylawprod\cycom32\W pdocs\D025\P002\00032102.DOC Prepared by P.VV1Eng.jEng.Support Services Bureau 10119106 x:wro)ects"k., ruesvkgenoa mapswu.3 r-RVrCRI ILO�F1-1 "%, -37 - Item V.J.5.a. RESOLUTIONS/ORDINANCES ITEM #56397 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance re U.S. Fish and Wildlife Service and Sandbridge Safety Improvements DECLARE Excess Property and EXECUTE the agreement for Exchange of Lands re realignment of Sandpiper Road and DIRECT the City Manager to execute the appropriate deed and other documents Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph May 8, 2007 1 AN ORDINANCE TO DECLARE CERTAIN 2 PROPERTY EXCESS AND AUTHORIZE THE CITY 3 MANAGER TO EXECUTE AN AGREEMENT FOR THE 4 EXCHANGE OF LANDS WITH THE UNITED 5 STATES FISH AND WILDLIFE SERVICE 6 7 WHEREAS, the City Council of the City of Virginia 8 Beach has authorized and funded CIP-067, Sandbridge Safety 9 Improvements, for improvements to Sandbridge Road (the 10 "Project"); 11 12 WHEREAS, in order to complete the Project, the 13 City must acquire certain property owned by the United States 14 Fish and Wildlife Service ("USFWS"); 15 16 WHEREAS, USFWS cannot sell its property, thus 17 necessitating a land exchange between USFWS and the City of 18 Virginia Beach to acquire the property needed for the Project; 19 20 WHEREAS, the City acquired ownership of a certain 21 parcel of real property (the "City Property")located adjacent to 22 the entrance to the USFWS Back Bay National Refuge in Deed Book 23 932, Page 32, and Deed Book 1146, Page 119, and shown on Exhibit 24 A attached hereto; 25 26 WHEREAS, the City Property will be exchanged for the 27 USFWS property needed to complete the Project; 28 29 WHEREAS, in addition to acquiring the City Property, 30 the USFWS will receive an equalization payment in the amount of 31 $23,881 as compensation for the difference in the appraised 32 value of the City Property and the USFWS property; and 33 34 WHERAS, funding for the equalization payment is 35 available in CIP-067. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 38 CITY OF VIRGINIA BEACH, VIRGINIA: 39 40 1. That the property shown as "Tract E-2 GPIN 2432- 41 80-6385" on the plat attached hereto as Exhibit A is hereby 42 declared to be in excess of the needs of the City of Virginia 43 Beach, and that the City Manager is hereby authorized to utilize 44 such property for a land exchange with the United States Fish 45 and Wildlife Service. 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 2. That the City Manager is authorized to execute an Agreement for the Exchange of Lands with the United States Fish and Wildlife Service in accordance with the attached Summary of Terms and such other terms, conditions or modifications as may be satisfactory to the City Manager and the City Attorney. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of May , 2007. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE—FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA10305 67 V applications,cilyia,,prod\cycom32\Wpdocs\DO19\PO02\00031904 DOC R-1 April 27, 2007 APPR"ED AS TO CONTENT Publi orks APPROVED AS TO 'EGAL SUFFICIENC Law nom, °` o P 1. Q �qq y LL � V p� K V 1C�y O F 6 v G i iE0.9[i '00'0BY i R g z5: ll 0 N �e I 7 $�}y C xw c C" F z Zp� m Wa[ 5 � nA I L-31 1�dNl wi (13)rd z i 0 Im mI II I �' I x'88 \ og¢ I Q�! I 3 •Y4: 3 W ,Iuj yNU. SII ! <§tQQi I a Ny9'E6 � � ,Y8•<t� ._.___ N � tl N N N N N y m I 4 Q I w �z;,r i j _ Moz c I uay� Ij �kz3 m �aaµm I eLL �Za LM gg Z a.. Sp C7 I 6.01 ~m U p L1 V I 1 w f„ 't'3'IL9 al v • I �o � t 3 f'f. 1 G �...... baa, rev m r h a•t '�'Y0£ y � I;� •��� s s i v I • pm I § ..EfEZ Iii I •0L 99p< >< t Z iE0.9[i '00'0BY i R g z5: ll 0 N �e I 7 $�}y '34 F xw c C" F z Zp� m Wa[ 5 � nA I L-31 1�dNl 9& (13)rd z i AVai MN,os) 3NY db'J 311HM Im mI II I < I I O W i I W�I I Q�! I i t Z i R g z5: ll 0 N �e I 7 VI 'Al p � ddStt � S 33 5 ,t0•ZE9 A •9E,Et .09 S 9& (13)rd g .S � .. • tZ,.,, 9��N 1� y R g z5: ll 0 �e I 7 1� y I 7 'Al p � ddStt � S 33 5 9& �0�� g SUMMARY OF TERMS AGREEMENT FOR THE EXCHANGE OF EXCESS CITY PROPERTY LOCATED AT THE SOUTHERN END OF SANDPIPER ROAD WITH SIX U.S. FISH & WILDLIFE SERVICE PARCELS LOCATED ON SANDBRIDGE ROAD AND WEST OF USFWS PARCELS: CITY PARCEL: SANDBRIDGE SHORES. Parcel GPIN Description Right -of- way (acres) Permanent Easement (acres) A 2413-85-6110 Near Flanagan's Lane Total Amount Due USFWS: 1.2488 B 2424-74-1531 Widegeon Lane 1.05 Southern end of Little C 2433-12-7524 Tuna Lane -Back Bay 7.04 Cres D 2424-60-0887 Area 4 Sandbridge Rd, 0.167 0.3552 part of 2424-52-4073 E 2424-50-3161 Area 4 Sandbridge Rd 0.0256 F 2424-41-0371 Area 4 Sandbridge Rd 0.072 Tract GPIN Description City Difference: $20,458.00 Additional Survey Cost: Property Total Amount Due USFWS: $23,881.00 (acres) E-2 2432-80-6385 Southern end of Little 1.245 Island Park SALE PRICE: This is a land exchange based on the following: USFWS Total Land Value: $32,909.00 City of Va. Beach Land Value: $12,451.00 Difference: $20,458.00 Additional Survey Cost: $ 3,423.00 (Split total costs with USFWS) Total Amount Due USFWS: $23,881.00 CLOSING The standard provision in the Agreement allows for closing within six (6) DATE: months after the Land Exchange Agreement is fully executed. However, it is anticipated that the closing will take place 60-90 days after the Agreement is fully executed. SPECIAL The City of Virginia Beach will pay U.S. Fish & Wildlife Service $23,881.00 TERMS AND as compensation for the difference between the appraised value of the City CONDITIONS: property and the six USFWS properties. The money will be expended from the Sandbridge Safety Improvements project (CIP 2-067). ° ' L O to E N O O .� a) a) a. X -f-j E >I (n o 4-a i4) 0 0-XJ� FO p O4– — 0) °c/) O 0-O) 4-j O > p — ° 0 CN O a) O EXa) c� O ca U)�S '� E N - o -0 w a) >' v p :t, � s' c6 � (D - ' — a) O p >, a) 4-1 LL 4-a C6 m a) a) J .a= a) Cn4-a > cn U N C6 p. .....E LLa) 0 CTS p O 0 0- 0 U .� U c� I— E a) C/) �a)�CM U O (u (a c6 c a� cv OIt� N 4.0 3:.c c o6 O o6 >% LL. 4 O I I 000 CL R N cif cV d Q II Q. _ 401). Q UII >�`C'� ,v, •/ r s` (U CU rte' v > Q cn J r r 1 cAZ)Uw� U� mp a;' � • � � .*rte � � � • —Nad work • . •� ' CL 1 U o (Ev co Nr ce s Anne Road � rr cu r{ O J N N> to a N C Q^ c � C O N IT ca o ca 0 1 c E LL Q U LM 0 O ^U ^ N ^ O_ N N a N v� O �-gal)N }+ a L (ii L 0 3 _ O1 tQ Co O a)- O cB O U O CO O 3 v CL J U) ... p c%> 3 (a (� cc m lTS ocu S Y N Q Q Q Q Q t N.2)0 N � T f0 03m No, 9 OY N.2 o b eaJ y NJoM 9p4� L t% Q o M N Q U o ami E N U aOWN age N Sa�a�t` Flanaga" 's Lane o 0 w a� CL Q o N to CL U) ca v W c� E C) _ > W 0 Q m E 42 W ca — c m i Y m IQ L d .Q cn cn N _ cn 0 E, A 0-0 CL E m 0 Lj- 4-a -38 - Item V.J.5.b. RESOLUTIONS/ORDINANCES ITEM #56398 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance re U.S. Fish and Wildlife Service and Sandbridge Safety Improvements SALE of EXCESS property at 3180 New Bridge Road re expansion of Back Bay National Wildlife Refuge and APPROPRIATE $500, 000 from said sale back to the Open Space Site Acquisition Program Voting: 9-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay.- Reba ay: Reba S. McClanan Council Members Absent: William R. "Bill" DeSteph May 8, 2007 1 AN ORDINANCE TO DECLARE CERTAIN 2 PROPERTY EXCESS OF THE CITY'S NEEDS, 3 AUTHORIZE THE CITY MANAGER TO DISPOSE 4 OF SAME, AND ACCEPT AND APPROPRIATE 5 $500,000 FROM THE U.S. FISH AND 6 WILDLIFE SERVICE TO CIP #4-004, "OPEN 7 SPACE PROGRAM SITE ACQUISITION - 8 9 WHEREAS, by Deed recorded in the Clerk's Office 10 of the Circuit Court of the City of Virginia Beach on June 1, 11 2006 as Instrument Number 20060601000831300 the City of Virginia 12 Beach acquired title in and to certain real property located at 13 3180 New Bridge Road in the City of Virginia Beach, Virginia; 14 and 15 16 WHEREAS, the United States Fish and Wildlife 17 Service has offered to purchase 10 acres of the subject 18 property, shown on Exhibit A attached hereto, for an amount of 19 $500,000; and 20 21 WHEREAS, City Council is of the opinion that the 10 22 acres of property shown on Exhibit A attached hereto is in 23 excess of the needs of the City of Virginia Beach. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 26 CITY OF VIRGINIA BEACH, VIRGINIA: 27 28 1. That the property shown on Exhibit A attached 29 hereto is hereby declared to be in excess of the needs of the 30 City of Virginia Beach, and that the City Manager is hereby 31 authorized to execute a Deed and other documents necessary to 32 convey the property to the United States Fish and wildlife 33 Service. 34 35 2. That $500,000 from the United States Fish and 36 Wildlife Service is hereby accepted and appropriated to CIP 4- 37 004, "Open Space Program Site Acquisition," with revenue from 38 the federal government increased accordingly. 39 40 This ordinance shall be effective from the date of its 41 adoption. 42 43 Adopted by the Council of the City of Virginia Beach, 44 Virginia, on the 8f -h day of M. 2007. 45 APP VED AS TO CONTENT M gement Services CA10105 V:\applications\citylawprod\cycom32\W pdocs\D027\P002\00032223.DOC R-3 April 27, 2007 APPROVED AS TO CONTENT zaftw c Public Works APPROVED AS TO LE SUFFICIENC Law SUMMARY OF TERMS An Ordinance to declare certain property excess of the City's needs, authorize the City Manager to dispose of same, and accept and appropriate $500,000 from the U.S. Fish and Wildlife Service to CIP 44-004, "Open Space Program Site Acquisition." OWNER: BUYER: SALE PRICE: PROPERTY DESCRIPTION: SETTLEMENT DATE: City of Virginia Beach U.S. Fish and Wildlife Service $500,000.00 10 acres of parcel located at 3180 New Bridge Road GPIN 2413-71-0629 (entire parcel, new GPIN to be determined) To be determined SPECIAL TERMS AND CONDITIONS: Monies received by City to be appropriated to CIP #4-004, Open Space Program Site Acquisition. V \applications\citylawprod\cycom32\Wpdocs\D025\P002\00032102.DOC 2 N �C • D.B. P. /1, / INST. NO. 168. 19'x" 3 }" = EXHIBIT "A" S 82-11'531,E ,' Qv CO Kte!� C) • a ^ 228.24 ' N�� �Q' N p • @ @ NOW OR FORMERLY 0 0 JOHN W. CROMWELL, JR. & 4) / 132.53' � WINTERS CROMWELL COQ, D.B. 2940 PG. \ • i U o4/ • VV (n z CITY OF VIRGINIA BEACH • a w INST. NO. 20060601000831300 / • 0 INST. NO. 20060127000149320 (PLAT) S 12' 16' 48" W / N OLD GPIN 2413-71-0629 • 230.72' Ln ��1310.56' CJ cn / 90 6 8 119.22'6' 35 " W � —S 12'44'00' W 73- 31 gym/ 82. 40 26";W ��N N = 3431374.27 79'02'39' W E = 12217668.51 OR FORMERLY -------�7 101.00' UNITED STATES OF AMERICA c'��— BOUNDARY LINE AGREEMENT \ N �C • D.B. P. ���-J/ INST. NO. \\ cp Off' \\ 0"'F F9 �/ v Q 40 C✓Krn • 3 Kte!� C) • a \ ��� F,L� N�� �Q' N p • @ @ NOW OR FORMERLY ?•ELIZABETH JOHN W. CROMWELL, JR. & \\ WINTERS CROMWELL COQ, D.B. 2940 PG. \ 1330 • • @ M.B. 160 PG. 34 GPIN 2413-82-8269 \ / N - 3430716.32 N 31'23'32" W \\ \ ' E - 12217558.41 72.79' N W 39 W ,_ _ ��� 8,34fL�..� ��1310.56' 24. 1 90 6 8 119.22'6' 35 " W 73- 31 26";W ��N 79'02'39' W NOW OR FORMERLY -------�7 101.00' UNITED STATES OF AMERICA U.S. FISH & WILDLIFE SERVICES D.B. 3345 PG. 873 M.B. 233 PG. 23 EXHIBIT DRAWING GPIN 2412-79-7730 OF A PARCEL OF LAND TO BE CONVEYED TO GRAPHIC SCALE I" = 200' UNITED STATES OF AMERICA U.S. FISH & WILDLIFE SERVICES BY 0' 200' 400' THE CITY OF VIRGINIA BEACH -39 - Item V. J. 6. a. b. RESOLUTIONS/ORDINANCES ITEM #56399 Upon motion by Councilman Diezel, seconded by Councilman Uhrin, City Council ADOPTED: Ordinances to AUTHORIZE the acquisition of property, in fee simple, for permanent and temporary easements, either by agreement or condemnation, and AUTHORIZE the City Manager to make a reasonable offer to the owners or persons having an interest in the property to improve transportation within the Cityfor: Princess Anne Road/Kempsville Road Intersection Improvements Witchduck Road Improvements Voting: 7-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: Reba S. McClanan Council Members Absent: William R. "Bill" DeSteph, Ron A. Villanueva and James L. Wood Council Lady McClanan ABSTAINED as this property is adjacent to property owned by Council Lady McClanan and her husband. May 8, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR THE PRINCESS ANNE ROAD/KEMPSVILLE ROAD INTERSECTION IMPROVEMENTS PROJECT (CIP 2-048) AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important roadway project to improve transportation within the City and for other related public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Council authorizes the acquisition by purchase or condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.1-89, et seq., and Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee simple, including temporary and permanent easements and entire tracts upon which such rights of way or easements shall be located, within the limitations and conditions of Section 33.1-91 of the Code of Virginia of 1950, as amended (the "Property"), as shown on the plans entitled "PRINCESS ANNE ROAD/KEMPSVILLE ROAD INTERSECTION IMPROVEMENTS, CIP # 2-048, STATE PROJECT NO. 0165-134-107 RW -201, C501 FHWA PROJECT NO. STP -5403(593)" (the "Project") and more specifically described on the acquisition plats for the Project (plats and plans collectively referred to as the "Plans"), the Plans being on file in the Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said Property. If refused, the City Attorney is hereby authorized to institute proceedings to condemn said Property. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of May 1 2007. CA10299 V:\applications\cityla prod\cycom32\Wpdocs\D019\P002\00030088.DOC R-1 PREPARED: 4/11/07 APPROVED AS TO CONTENT GN TURE A) - - fRdE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM x:\Projects\CIP Projects\Princess Anne Rd.-Kempsville Rd. Inter. Impr. 2-048\15 -COUNCIL\Ordinance for Projects that Include Entire Takes 02-05-07.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY FOR WITCHDUCK ROAD IMPROVEMENTS PROJECT(CIP 2-931) AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important roadway project to improve transportation within the City and for other related public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Council authorizes the acquisition by purchase or condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.1-89, et seq., and Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee simple, including temporary and permanent easements and entire tracts upon which such rights of way or easements shall be located, within the limitations and conditions of Section 33.1-91 of the Code of Virginia of 1950, as amended (the "Property"), as shown on the plans entitled "WITCHDUCK ROAD IMPROVEMENTS, CIP #2-931 • STATE PROJECT NO. U000-134-174, RW -201, C-501 • FHWA PROJECT NO. STP - 5403(662)" (the "Project") and more specifically described on the plans and acquisition plats for the Project being on file in the Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said Property. If refused, the City Attorney is hereby authorized to institute proceedings to condemn said Property. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of May 11 2007. CA10289 R-1 V:\applications\citylawprod\cycom32\ Wpdocs\D008\P004\00029505. DOC PREPARED: 02/07/07 APPROVED AS TO CONTENT 1/')IITN� C. Lk�-04&\. GNATURE PM kFcd (Fdd. DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTORNEY -40 - Item V.J. 7. RESOLUTIONS/ORDINANCES ITEM #56400 The following registered to speak: Stan Slone, 1661 Lohn Drive, Phone: 681-7517, Manager —Yellow Cab of Virginia Beach and Blue and White Taxi of Chesapeake Winder H. Bill, 203 85`" Street, Phone: 422-1140, Certified Public Accountant Judy Swystun, 6304 Sewells Point Road, Norfolk, Phone: 853-1255, represented Black and White Cabs and Noview Cabs, former President of Taxi Cab, Limousine and Para Transit Association, comprised of 1, 000 members in thirteen (13) countries, as well as Past President of Virginia Taxi Cab Association. Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED, AS AMENDED*: Ordinance to AMEND Sections 36-96 and 36-172 of the City Code re taxicab reciprocity *Lines 28-32: (b) Notwithstanding the provisions of the prior subsection any taxicab that is duly licensed in one of the reciprocityprovidinglocalities listed below may, after delivering a passenger to a location within the City, pick up a passenger in the City and deliver the passenger to the locality in which the taxicab is licensed. The reciprocity -providing localities are: Newport News Portsmouth Suffolk Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: FLUM, Council Members Absent: William R. "Bill" DeSteph May 8, 2007 ALTERNATE VERSION 1 AN ORDINANCE TO AMEND SECTIONS 36- 2 96 AND 36-172 OF THE CITY CODE 3 PERTAINING TO TAXICAB RECIPROCITY 4 5 SECTIONS AMENDED: §§ 36-96 AND 36-172 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Sections 36-96 and 36-172 of the Code of the City of Virginia Beach, 11 Virginia, are hereby amended and reordained to read as follows: 12 13 Sec. 36-96. Required; reciprocity. 14 15 (a) It shall be unlawful for any person to operate or cause to be operated, 16 within the City, any taxicab, unless a certificate thereof has been issued to the owner 17 thereof in accordance with the provisions of this division 18 operated puF6uaRt te a GE)ntFaGt with a publiG agenGy, a GOPY of whiGh shall be kept fl*4 19 the taXiGab at all t me6. Altematively, 20 PGIiGe DepaFtmeR, 21 22 the trip. Nothing contained herein shall prohibit a taxicab duly licensed in another city or 23 county from delivering a passenger to some location in this city, provided the passenger 24 was picked up outside the limits of this city and the taximeter is in operation while any 25 such taxicab is in operation in this city. 26 27 (b) Notwithstandinq the provisions of the prior subsection, any taxicab that is 28 duly licensed in one of the reciprocity -providing localities listed below may, after 29 delivering a passenger to a location within the City pick up a passenger in the City and 30 deliver the passenger to the locality in which the taxicab is licensed. The reciprocity - 31 providing localities are: 32 33 Newport News 34 Portsmouth 35 Suffolk 36 37 Sec. 36-172. Maximum rates for taxicabs. 38 39 (a) No person owning, operating, controlling or driving a taxicab within the city 40 shall charge an amount to exceed the following rates of fare: 41 42 (1) For the first one-eighth of a mile or fraction thereof ... $ $2.25 43 (2) For each succeeding one-eighth of a mile or fraction thereof ... 0.25 44 (3) Trunk charge ... 0.50 45 (4) For each minute of waiting time ... 0.25 46 If hired on an hourly basis, the rate of thirteen dollars and eighty cents ($13.80) per hour 47 shall apply. 48 49 (b) Notwithstanding the provisions of this section, taXiGabs bFi 50 any person who pursuant to section 36-96 of this 51 Code operates in the City a taxicab that is duly licensed in another locality while (i) 52 transporting a fare from outside of the City into the City or (ii) transporting a fare from 53 the City directly to a destination outside of the City shall charge the rates prescribed by 54 the city or county in which they are licensed. 55 56 (c) Any application for a fare increase under this section shall include 57 justification for such fare increase and such financial and operating information as may 58 be requested by the city manager. The city council shall hold a public hearing before 59 acting on any such application for a fare increase, after public notice for at least ten (10) 60 days. 61 62 BE IT FURTHER ORDAINED that the amendment to City Code § 36-96(a) shall 63 become effective sixty (60) days after adoption of this ordinance. 64 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 8th day of May, 2007. Item V J. 8. RESOLUTIONS/ORDINANCES ITEM #56401 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE and EXECUTE a Sponsorship Agreement re the Third Annual Patriotic Festival and as part of the agreement, AUTHORIZE the expenditure of $200, 000 for a grant, $50, 000 for a loan and $15, 000 from the Tourism Advertising Program (TAP) re out of area advertising; and, require the Patriotic Festival, LLC, to raise $400, 000 in private sector funds for the Festival Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph Vice Mayor Louis R. John E. Uhrin, Ron May 8, 2007 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE A SPONSORSHIP 3 AGREEMENT WITH THE PATRIOTIC FESTIVAL, 4 LLC 5 6 WHEREAS, the City Council adopted an ordinance in 2005 7 authorizing the City of Virginia Beach ("City") to enter into a 8 Memorandum of Understanding ("MOU") with the Patriotic Festival, 9 LLC, a Virginia limited liability company with 501 (c)(3) status 10 that was organized to further the charitable purposes of its 11 sole member, USO of Hampton Roads, Inc., to bring the Second 12 Annual Patriotic Salute and Celebration to fruition on Memorial 13 Day weekend 2006; 14 15 WHEREAS, the City again wishes to express its wholehearted 16 support and sincere appreciation and admiration for our nation's 17 military for their bravery in protecting America's freedoms; 18 19 WHEREAS, in furtherance of that objective, the City desires 20 to co-sponsor an event to honor the military by providing 21 festive activities and musical entertainment on June 1, 2007 22 through June 3, 2007, to be known as the Third Annual Patriotic 23 Salute and Celebration ("Event"); 24 25 WHEREAS, City Council appropriated funding for the Event in 26 the FY 2006-07 Convention and Visitors Bureau budget; and 27 28 WHEREAS, the City and the Patriotic Festival, LLC have 29 agreed to terms and conditions describing each party's 30 responsibilities, as set forth in the Sponsorship Agreement. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 33 OF VIRGINIA BEACH: 34 35 That the City Manager is hereby authorized and directed to 36 execute the Sponsorship Agreement between the City and the 37 Patriotic Festival, LLC for the production of the Third Annual 38 Patriotic Salute and Celebration. 39 40 Adopted by the Council of the City of Virginia Beach, 41 Virginia on the _ath_ day of May , 2007. CA10387 May 2, 2007 R-3 Approved as to Legal Sufficiency: City Attorney' Office SPONSORSHIP AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND PATRIOTIC FESTIVAL, LLC SUMMARY OF TERMS Purpose: In honor of the military community, the City desires to provide a grant to facilitate a celebration for the military on June 1, 2007 through June 3, 2007, to be known as the Third Annual Patriotic Salute and Celebration ("Event"). Parties: City of Virginia Beach ("City") Patriotic Festival, LLC ("Producer") Responsibilities and Rights of the City: • Provide a $200,000 grant to the Producer to procure and produce entertainment for the Event ("Sponsorship Grant"). Producer has no obligation to repay the Sponsorship Grant. • Provide $50,000 to the Producer to be used for event expenses ("Event Expenses Funding"). Producer is obligated to repay the City up to $50,000 for the Event Expenses Funding. Producer will repay the City from the Producer's share of the revenue generated by concession and merchandise sales. If the revenue generated by concession and merchandise sales is less than $50,000, Producer is only obligated to repay an amount equivalent to its share of revenue generated by concession and merchandise sales. • Convention and Visitors Bureau shall expend $15,000 on out -of -market promotion, advertising and marketing for the Event. • Coordinate the provision of normal base level City services such as police and paramedic services, trash removal, and the maintenance of public areas. • City shall have the right to audit all books and records of Producer relating to the Agreement. Responsibilities of Producer: • Organize, plan, initiate, promote, conduct or otherwise provide managerial, operational, and logistical support for the Event including, site preparation; stage construction and breakdown; providing stage security; setting up and removing lighting and sound systems; providing generators for electrical power in connection to operating the stage, sound systems, and lighting systems; and providing marketing and promotional activities. • Secure all necessary permits required by federal, state or local statutes, ordinances and regulations, including special event permits. • Secure liability and event interruption/cancellation insurance. • Procure, negotiate and book the entertainment. • Producer shall raise a minimum of four hundred thousand dollars ($400,000) in private - sector sponsorship solicitations to be used in direct support of the Event. • Producer shall maintain books and records for the duration of the Agreement and for at least three years following the completion of the Agreement. • Producer will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of the Producer. • Producer shall repay to the City the Event Expenses Funding as set forth above. -42 - Item V.J.9.a. RESOLUTIONS/ORDINANCES ITEM #56402 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachments into portions of City property: GERALD T. and JANE. EDWARDS to reconstruct and maintain a pier and construct and maintain a boat lift and rip rap revetment at 2313 Broad Bay Road (DISTRICT 5 — LYNNHAVEN) The following conditions shall be required: 1. The Temporary Encroachment shall 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. 2. Nothing shall prohibit the Cityfrom immediately removing or ordering the removal of all or any part of the encroachment in the event of an emergency or public necessity, and applicant shall bear all costs and expenses of such removal. 3. The Temporary Encroachment herein authorized terminates upon notice by the City to the applicant, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the applicant; and that the applicant will bear all costs and expenses of such removal. 4. The applicant 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. 5. 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 applicant. 6. The applicant agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 7. The applicant must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the Encroachment Area. May 8, 2007 -43 - Item 43 - Item V.J.9.a. RESOLUTIONS/ORDINANCES ITEM#56402 (Continued) 8. The applicant 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 applicant 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 applicant will provide endorsements providing at least thirty (3 0) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. 9. The City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the applicant, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove the Temporary Encroachment; and pending such removal, the City may charge the applicant 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 applicant; 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. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: William R. "Bill" DeSteph May 8, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY PROPERTY KNOWN AS WEST CANAL, LOCATED AT THE REAR OF 2313 BROAD BAY ROAD, FOR GERALD T. AND JAN E. EDWARDS WHEREAS, Gerald T. and Jan E. Edwards desire to re- construct and maintain a pier and to construct and maintain a boatlift and rip rap revetment in a portion of City property known as West Canal, located at the rear of 2313 Broad Bay Road, Virginia Beach, Virginia. WHEREAS, City Council is authorized pursuant to §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments 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, Gerald T. and Jan E. Edwards, their heirs, assigns and successors in title are authorized to re -construct, construct, and maintain temporary encroachments for a pier, a boatlift and rip rap revetment in a portion of City property known as West Canal as shown on the map labeled Exhibit "A" and entitled: "PLAN VIEW SCALE: 1"=30' JERRY EDWARDS 2313 BROAD BAY ROAD, VIRGINIA BEACH, VA 23451," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Gerald T. and Jan E. Edwards (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 Gerald T. and Jan E. Edwards and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of May 1 2007. CA -10291 X:AOID\REAL ESTATEAEncroachments\PW OrdinancesVCA10291 Edwards Revised Ordinance.doc V:\applications\citylawprod\cycom32\ Wpdocs\D028\P001 \0002 8 9 8 8. DOC R-1 PREPARED: 4/3/07 APPROVED AS TO CONTENTS m1�s C v►as�1 SIG TURF Pw Rte) �bia� PUBLIC WORKS, REAL ESTATE APPROVED AS TO LEGAL IC Cy AND FORM A CT ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE Exemption Pursuant to Section 58.1-811(C )(4) THIS AGREEMENT, made this 19 day of March, 2007, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and GERALD T. EDWARDS and JAN E. EDWARDS, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "93", as shown on plat entitled, "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT Scale 1"= 100' FEBRUARY 1958" and said plat is recorded in the Clerk's Office of the Circuit Court in the City of Virginia Beach, Virginia, in Map Book 45 at Page 37, and being further designated and described as 2313 Broad Bay Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to re -construct and maintain a pier and to construct and maintain a boatlift and rip rap revetment, collectively the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City property known as West Canal, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. GPIN 1499-98-7967-0000 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "PLAN VIEW SCALE 1'= 30' JERRY EDWARDS 2313 BROAD BAY ROAD, VIRGINIA BEACH, VA 23451," a copy of which is attached hereto as Exhibit "A" and to which reference is made for more particular description. Providing however, nothing herein shall prohibit the City from immediately removing or ordering the Grantee to remove all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all 2 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, construction, or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. 3 It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the 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, Gerald T. Edwards and Jan E. Edwards, the said Grantee, have caused this Agreement to be executed by their signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager 4 (SEAL) ATTEST: City Clerk Gerald 'T Edwa-rids Jank. Edwards STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2007, 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 2007, by RUTH HODGES FRASER, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public 5 v:, STATE OF VA CITY/COUNTY OF Vo-- 3each , to -wit: The foregoing instrument was acknowledged before me this �q day of March , 2007, by Gerald T. Edwards. Notary Public My Commission Expires: �aA- 31) 7 STATE OF 00, CITY/COUNTY OF V -t 5e-gg& l , to -wit: The foregoing instrument was acknowledged before me this % day of Mgycl , 2007, by Jan E. Edwards. My Commission Expires: �aoy_ 3/i -",do i APPROVED AS TO CONTENTS SIG ATURE i i ki-A ! (6'k6TTF DEPARTMENT 0 Notary Public APPROVED AS TO LEGAL SUFFICIENCY AND FORM Exa.',ibit ""A" A?o -'3 ' APOSE; EROSION CONTROL ACCESS ATUM: M.L.W.0.00 DJAGEN'r PROPERTY OWNERS; )CGX j POWERS ) a�r�Arns rr ra w• rnNCTG71l(:TjnN COMP N '-59.012 '46" SCALE: T' = 30' JERRY EDWARDS 2313 BROAD BAY ROAD VIRGINIA BEACH, VA 23451 TOMS S7 dEET PORTSM 6[/LKl-I E:I D _.WE5T 6.4 iVA L - C l 7-�" ,:7f ee461-1-Nl/ 45-437 2 20 N I r: ►d- o p m IN: CANAL OFF LONG OREtlej P'( AD BX AT: PAY ISLAND CV VIRGINIA BEACH $TATE; VIRGINIA VIRGINIA 23703 TEL. 757-46 x,2277 -44 - Item V.J.9.b. RESOLUTIONS/ORDINANCES ITEM #56403 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachments into portions of City property: DEWBERRY FARM COMMUNITY ASSOCIATION, INC. to maintain existing landscaping, a subdivision sign and to install and maintain a 4 -inch water and a 2 -inch conduit for irrigation and electric service at Dewberry Lane (DISTRICT 1 — CENTER VILLE) The following conditions shall be required: 1. The Temporary Encroachment shall 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. 2. Nothing shall prohibit the City from immediately removing or ordering the removal of all or any part of the encroachment in the event of an emergency or public necessity, and applicant shall bear all costs and expenses of such removal. 3. The Temporary Encroachment herein authorized terminates upon notice by the City to the applicant, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the applicant; and that the applicant will bear all costs and expenses of such removal. 4. The applicant 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. 5. 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 applicant. 6. The applicant agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 7. The applicant must submit and have approved a traffic control plan before commencing work in the Encroachment Area. 8. The applicant 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. May 8, 2007 -45 - Item 45 - Item V.J.9.b. RESOLUTIONS/ORDINANCES ITEM #56403 (Continued) 9. The applicant must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the Encroachment Area. 10. The applicant 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 applicant 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 applicant 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 applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. 11. Further the subdivision identification sign portion of the encroachment may not exceed thirty-two (32) square feet per face; two (2) faces; six (6) feet above the natural grade at the curb. Landscaping materials must be approved by the Parks & Landscape Services Division of the Department of Parks and Recreation. 12. Agree to jack or bore proposed conduit for water and electric service under the roadway. No open cuts will be permitted. 13. Must comply with the State law regarding installation of private utilities when jacked or bored and observe the minimum separation of 24" between public and private utilities. The 4" water line must be field (GPS) located and noted on the plans and submitted to the Cityfor future inclusion in the city's GPS database. 14. Must submit for review and approval "as built" plans sealed by a registered professional engineer, as required by the City Public Works/Operations Management Division and the Engineering Division of Public Utilities. 15. The City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the applicant, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove the Temporary Encroachment; and pending such removal, the City may charge the applicant 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 applicant; 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. May 8, 2007 -46 - Item V. J.9. b. RESOLUTIONS/ORDINANCES ITEM #56403 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill " DeSteph May 8, 2007 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 PORTION OF THE CITY RIGHT OF 6 WAY KNOWN AS DEWBERRY LANE, BY 7 DEWBERRY FARM COMMUNITY 8 ASSOCIATION, INC., A NON -STOCK 9 CORPORATION OF THE COMMONWEALTH 10 OF VIRGINIA 11 12 WHEREAS, Dewberry Farm Community Association, Inc., a non - 13 stock corporation of the Commonwealth of Virginia, desires to 14 maintain existing landscaping and subdivision identification sign 15 and to construct and maintain a 4" water and a 2" electrical 16 conduit for irrigation and electric service within a portion of 17 the City's right of way known as Dewberry Lane. 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 20 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize 21 temporary encroachments upon the City's right of way subject to 22 such terms and conditions as Council may prescribe. 23 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That pursuant to the authority and to the extent thereof 28 contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 29 as amended, Dewberry Farm Community Association, Inc., its, 30 assigns and successors in title are authorized to maintain 31 existing landscaping and subdivision identification sign and to 32 construct and maintain a 4" water and a 2" electrical conduit for 33 irrigation and electric service within a portion of the City's 34 right of way known as Dewberry Lane as shown on the two (2) page 35 map marked Exhibit "A" and entitled: "ENCROACHMENT EXHIBIT FOR 36 DEWBERRY FARM COMMUNITY ASSOCIATION, INC. AT DEWBERRY FARMS," a 37 copy of which is on file in the Department of Public Works and to 38 which reference is made for a more particular description; and 39 40 BE IT FURTHER ORDAINED, that the temporary encroachments are 41 expressly subject to those terms, conditions and criteria 42 contained in the Agreement between the City of Virginia Beach and 43 Dewberry Farm Community Association, Inc., a non -stock corporation 44 of the Commonwealth of Virginia, the "Agreement", which is 45 attached hereto and incorporated by reference; and 46 47 BE IT FURTHER ORDAINED, that the City Manager or his 48 authorized designee is hereby authorized to execute the Agreement; 49 and 50 51 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 52 effect until such time as Dewberry Farm Community Association, 53 Inc., a non -stock corporation of the Commonwealth of Virginia, and 54 the City Manager or his authorized designee execute the Agreement. 55 56 Adopted by the Council of the City of Virginia Beach, 57 Virginia, on the 8th day of May 1 2007. CA -10302 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA10302 Dewberry Farm Community Association, Inc. Ordinance.doc V:\applications\citylawprod\cyto.32\Wpdocs\D005\P002\00031061.DOC R-1 PREPARED: 4/10/07 APPROVED AS TO CONTENTS s C.. PVBLIC WORKS, REAL ESTATE APPROVED AS TO LEGAL S F,CIENCY ANN FORM ITORNEY CI Y A C N O U U � 4 +� C W O � 'cn O > N � � N �Z Co rn� . C v C- o _ �U .. co U_ C v � J W v N C O . ca N X W Q 0 coO 'f CD C EC(: co C a)G C_ O +-� N N �.% N cc E E-� L UC � LL O O -a U U 3 ' w o N O O �a- oC:o D a.. co J O :3= O O ca LP � O U N 0 N O (a UE O Co N N N N O 5 -a cvii 3 N `= O C C O ca E M L 0) O- U — Ca 0 Co U N co 0 cts �«fco0) O ._ 0 Q +, 0m0c' L I� o CL a) PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 22nd day of February, 2007, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DEWBERRY FARM COMMUNITY ASSOCIATI.ON, INC., A NON -STOCK CORPORATION OF THE COMMONWEALTH OF VIRGINIA, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "OPEN SPACE" as shown on that certain plat entitled: "SUBDIVISION OF DEWBERRY FARM" dated April 3, 2000 and said plat is recorded in the Clerk's Office of the Circuit Court in the City of Virginia Beach, Virginia in Map Book 303, at page 41; WHEREAS, it is proposed by the Grantee to maintain existing landscaping and subdivision identification sign and to construct and maintain a 4" water and a 2" electric conduit for irrigation and electric service, collectively the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in installing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as Dewberry Lane, the "Encroachment Area"; and No GPIN Required or Assigned to City Right of Way known as Dewberry Lane GPIN: 1474-91-2875-0000 WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT EXHIBIT FOR DEWBERRY FARM COMMUNITY ASSOCIATION, INC. AT DEWBERRY FARMS." Said plat consists of a total of two (2) sheets; copies are 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 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, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. 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 from the Office of 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/utility easement permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Office of Planning Department to guard against damage to City property or facilities during construction. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the subdivision identification sign portion of the Temporary Encroachment may not exceed: thirty-two (32) square feet per face; two (2) faces; six (6) feet above the natural grade at the curb. Landscaping materials must be approved by the Parks & Landscape Services Division of the Department of Parks and Recreation. It is further expressly understood and agreed that the Grantee agrees to jack or bore proposed conduit for water and electric service under the roadway. No open cuts will be permitted. It is further expressly understood and agreed that the Grantee must comply with State law regarding the installation of the private utilities when jacked or bored as depicted in "Exhibit A"; the Grantee must observe the minimum separation of 24" between public utilities and private utilities. The 4" water line must be field (GPS) located and noted on the plans and this information must be submitted to the City of Virginia Beach for future inclusion in the City's GPS database. 11 It is further expressly understood and agreed that the Grantee must submit for review and approval, "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, as required by the City Public Works/Operations Management Division and 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 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, the said Dewberry Farm Community Association, Inc., a non -stock corporation of the Commonwealth of Virginia, has caused this Agreement to be executed in its corporate name and on its behalf by its president. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager 5 (SEAL) ATTEST: City Clerk DEWBERRY FARM COMMUNITY ASSOCIATION, INC., A NON -STOCK CORPORATION OF THE COMMONWEALTH OF VIRGINIA Aolv_*4 Thomas Kait, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 200 , 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 200 , by RUTH HODGES FRASER, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: C4 Notary Public STATE OF CITY/COUNTY OF +. c -t NQ Y , to -wit: The foregoing instrument was acknowledged before me this ''�'' day of j7t'­,,: ,4e� , 200 "T , by Thomas Kait, President on behalf of Dewberry Farm Community Association, Inc., a non -stock corporation of the Commonwealth of Virginia. Notary Public My Commission Expires: it ,JR4 z"=v (- APPROVED AS TO CONTENTS S GNATURE DEPARTMENT APPROVED AS TO LEGAL ,SUFFICIENCY AND FORM u X:\Projects\Encroachments\Applicants\Dewberry Farm Cormnunitff inal Package\Agreement EncroachmentNew.doc 7 A EX CB /,RIM 10.02 / INV 4.89 i ----------- ll dJ v INDIAN RIVER RD 50' R/W 4000'± TO HILLCREST BLVD 9060'± TO SALEM RD. GRAPHIC SCALE EXISTING LANDSCAPING APPROVED BY LANDSCAPE SERVICES. 10 0 5 10 20 40 BY: FRANK L. FENTRESS DATE: 02/13/2007 FEET 1 INCH = 20 FEET SUBDIVISION IDENTIFICATION ��I EX CB RIM 10.02 INV 4.79 -EXISTING LANDSCAPED AREA -------------- +�G� SIGN m ENCROACHMENT EXHIBIT FOR DEWBERRY FARM COMMUNINTY ASSOCIATION, INC. AT PROJECT #V06020 DEWBERRY FARMS SHEET 1 OF 2 REVISED 01/30/07 0 ELLAM ERWITZ ENGINEERING - SURVEYING - PLANNING 500 CENTRAL DRIVE - SUITE 113 - VIRGINIA BEACH, VA 23454 (757) 340-0828 - FAX (757) 340-1603 LLJ _mZ co ► �• � Jz ► Y W co ► EX SMH ® cn w w . RIM 1039 Xo ► INV (-1.35) o I IJ POOSD I 2R ELECE CONDUIT SECTION "A .- A" PROPOSED 30 f" SEE SHEET 3 4" WATER CONDUIT 78' t ' • INDIAN RIVER RD 50' R/W 4000'± TO HILLCREST BLVD 9060'± TO SALEM RD. GRAPHIC SCALE EXISTING LANDSCAPING APPROVED BY LANDSCAPE SERVICES. 10 0 5 10 20 40 BY: FRANK L. FENTRESS DATE: 02/13/2007 FEET 1 INCH = 20 FEET SUBDIVISION IDENTIFICATION ��I EX CB RIM 10.02 INV 4.79 -EXISTING LANDSCAPED AREA -------------- +�G� SIGN m ENCROACHMENT EXHIBIT FOR DEWBERRY FARM COMMUNINTY ASSOCIATION, INC. AT PROJECT #V06020 DEWBERRY FARMS SHEET 1 OF 2 REVISED 01/30/07 0 ELLAM ERWITZ ENGINEERING - SURVEYING - PLANNING 500 CENTRAL DRIVE - SUITE 113 - VIRGINIA BEACH, VA 23454 (757) 340-0828 - FAX (757) 340-1603 r- 0 \ O \ c7 o z z > D W N z Q v a ¢� > a Q O w h-1 c7 z a OZ w W Q W FN wo�O_ J W ZO in Q ~ Q LL C7 X> 00 O w q W z@() `- f r= LU Q v— L L Z 'J O_ Ln = a w o Q UQ_ J ~ Z U ND O LLJ o ZO > .i N V) U Z z X J Q H W 0 I W Q (n X Z O Z V)0 O a-U ap Q W 00 U) w> Z® U ' = Z Z --- O Q H Q I M u Q = � cn �Z X Q O w UI— Q < oo N Z �< W ® w 2p�� U v w � Q � c' w � U } ZZ NM w W m j � D Do w WC) V a.w O O H LL d� O \ O O U W .10 -47 - Item V. J. 9. c. RESOLUTIONS/ORDINANCES ITEM #56404 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachments into portions of City property: THE FUTURA GROUP, LLC, to construct and maintain a pier and return wall at 2072-2074 Tazewell Road (DISTRICT 4 — BAYSIDE); The following conditions shall be required: 1. The Temporary Encroachment shall 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. 2. Nothing shall prohibit the City from immediately removing or ordering the removal of all or any part of the encroachment in the event of an emergency or public necessity, and applicant shall bear all costs and expenses of such removal. 3. The Temporary Encroachment herein authorized terminates upon notice by the City to the applicant, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the applicant; and that the applicant will bear all costs and expenses of such removal. 4. The applicant 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. 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 applicant. 6. The applicant agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 7. The applicant must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the Encroachment Area. May 8, 2007 Item V. J. 9. c. RESOLUTIONS/ORDINANCES -48 - ITEM #56404 (Continued) 8. The applicant 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 applicant 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 applicant 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 applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. 9. The encroachment must conform to minimum setback requirements. 10. The City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the applicant, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove the Temporary Encroachment; and pending such removal, the City may charge the applicant 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 applicant; 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. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph Vice Mayor Louis R. John E. Uhrin, Ron May 8, 2007 I Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF AN EXISTING CITY 6 RIGHT OF WAY KNOWN AS 7 LYNNHAVEN PROMENADE (PAPER 8 STREET) AND CITY PROPERTY 9 KNOWN AS CRAB CREEK LOCATED 10 AT THE REAR OF 2072 AND 2074 11 TAZEWELL ROAD BY THE FUTURA 12 GROUP,L.L.C. 13 14 WHEREAS, The Futura Group, L.L.C., a Virginia limited 15 liability company, desires to construct and maintain a pier and 16 return wall into a portion of an existing City right of way 17 known as Lynnhaven Promenade (paper street) and City property 18 known as Crab Creek located at the rear of 2072 and 2074 19 Tazewell Road, in the City of Virginia Beach, Virginia. 20 21 WHEREAS, City Council is authorized pursuant to §§ 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 23 authorize temporary encroachments upon the City's right of 24 way/property subject to such terms and conditions as Council may 25 prescribe. 26 27 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 That pursuant to the authority and to the extent thereof 30 contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 31 as amended, The Futura Group, L.L.C., a Virginia limited 32 liability company, its assigns and successors in title are 33 authorized to construct and maintain temporary encroachments for 34 a pier and return wall into a portion of an existing City right 35 of way known as Lynnhaven Promenade (paper street) and City 36 property known as Crab Creek as shown on the map marked Exhibit 37 "A" and entitled. "PROPOSED PIER AND RETURN WALL FOR: THE 38 FUTURA GROUP, LLC.," a copy of which is on file in the 39 Department of Public Works and to which reference is made for a 40 more particular description; and 41 42 BE IT FURTHER ORDAINED, that the temporary encroachments 43 are expressly subject to those terms, conditions and criteria 44 contained in the Agreement between the City of Virginia Beach 45 and The Futura Group, L.L.C., a Virginia limited liability 46 company, (the "Agreement"), which is attached hereto and 47 incorporated by reference; and 48 BE IT FURTHER ORDAINED, that the City Manager or his 49 authorized designee is hereby authorized to execute the 50 Agreement; and 51 52 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 53 effect until such time as The Futura Group, L.L.C., a Virginia 54 limited liability company, and the City Manager or his 55 authorized designee execute the Agreement. 56 57 Adopted by the Council of the City of Virginia Beach, 58 Virginia, on the 8th day of May , 2007. CA -10304 x:\OID\REAL ESTATE\Encroachments\PW Ordindnces\CA 10304 The P'ucu ra Group, LLC Ordinance.doc V:\applications\citylawprod\cycom32\Wpdocs\DO04\P001.\00031U16.WC R-1 PREPARED: 4/11/07 APPROVED AS TO CONTENTS PROVED AS TO LEGAL LT rIgIE Y D RM EUBs LIC WORKS, REAL ESTATE CIT ATTORNEY � J J O W w W CD H �C=) LL N W ti F- N J J F- LUw inz GC W_ CL H W a w z W U o 0 U O1 a) -a D. :r_ ccN U N d. N Co If CLN O -Q -r- � Q -0 -0 N 0 0 D CD U 0 E .E Co c:N cu Q N N O O N Q Q. j � � O CD CL U 0 N t �� p 0_ �� PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 15th day of March, 2007, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and THE FUTURA GROUP, L.L.C., a Virginia limited liability corporation, ITS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot 5, Block 4, Section A, Ocean Park as shown on that certain plat entitled: "PLAT SECTION "A" OF OCEAN PARK PORTION OF THE PROPERTY OWNED BY OCEAN PARK CORPORATION" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 5, at page 69, and being further designated, known, and described as 2072 and 2074 Tazewell Road, Virginia Beach, Virginia; WHEREAS, it is proposed by the Grantee to construct and maintain a pier and return wall collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as Lynnhaven Promenade (a paper street) and City property known as Crab Creek the "Encroachment Area"; and GPIN 1489-58-6199 & 1489-58-8413 (Lynnhaven Promenade [paper street]) & waterway 1489-58-7167 WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "PROPOSED PIER AND RETURN WALL FOR: THE FUTURA GROUP, LLC. LOT 5 — BLOCK 4 — SECTION A, OCEAN PARK (INST. #: 200605150072776) BAYSIDE DISTRICT" dated October 5, 2006, 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 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, and Grantee shall bear all costs and expenses of such removal. 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 2 Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of 3 the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 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, the said The Futura Group, L.L.C. has caused this agreement to be executed by A. R. Gregor, Jr., Managing Partner of The Futura Group, L.L.C., a Virginia limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia has caused this agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 11 CITY OF VIRGINIA BEACH City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk THE FUTURA GROUP, L.L.C, a Virginia Limited Liability Company By _ o (SEAL) A. R. Gregor, Jr., Managing Partner STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 200_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: 5 Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 200_, by RUTH HODGES FRASER, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF V 1RC 1iA% CITY/649NFY OF V&-,jAI[A '�64d , to -wit: The foregoing instrument was acknowledged before me this S day of 200"7 , by A. R. G4Ra Part er on behalf of THE FUTURA GROUP, L.L.C. , ublic t 2� My Commission Expires: APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM �Y Vlt�.]�� ,. q.:,.- ryr....8, � J It -• SIGNATURE Fit DEPARTMENT x:\Projects\Encroachments\Applicants\Futura Group LLC, Tazewell Rd, Pier -Return Wall - LWAgreement Encroachment.doc on 0 Of w V) w af c� cr J J Q d Z z J N z 0 U F - z 0 w w 0 0 N —N/F CITY OF VIRGINIA BEACH CRAB CREEK (D. B. 2188 PG. 545) a (M.S. 153 PG. 41) WEST EDGE OF CHANNEL PER CITY DREDGE (1489-58-7167) PLANS BY: WATERWAY SURVEYS, 10/16/00 PROPOSED PIER AND RETURNWALL EX. PIE LYNNHAVEN PROMENADE EX. PIER v (R/W 25') V 20 19 — MLW (M.S. 7 PG. 192) RETURN WALL REMOVE EX. BULKHEAD 3' ENCROACHMENT y` y`Cn F _MHW R=586.36 00 L=49.22' NOTE: PROPOSED RIPRAP DOES NOT ENCROACH INTO LYNNHAVEN PROMENADE AND IS NOT PART OF THIS ENCROACHMENT REQUEST. N/F ALBERT T. FISHER PIN 50' 5' GPIN: 1489-58-6199 R=1421.21' L=55.00' EX. CONC. BULKHEAD N/F JOHN WIGMORE PIN(F) TAZEWELL ROAD (40' R/W) PLAN VIEW (M.S. 7 PG. 192) SCALE 1" = 25' WATERFRONT CONSULTING, INC 1112 JENSEN DRIVE, STE. 206 VIRGINIA BEACH, VA 23451 PH: (757) 425-8244 FAX: (757) 216-6687 ENGINEERING SERVICES PROVIDED BY: PCC, LLC (757) 773-8084 EXHIBIT "A" PROPOSED PIER AND RETURN WALL FOR: THE FUTURA GROUP, LLC. LOT 5 — BLOCK 4 — SECTION A, OCEAN PARK (INST. #: 200605150072776) BAYSIDE DISTRICT SHEET 1 OF 1 DATE: OCTOBER 5, 2006 I PROPOSED 0 3 STORY b DUPLEX b o LOT 5 0 w BLOCK 4 0o) SECTION A 0 i� m 00 z 1 30. 0' GPIN: 1489-58-6199 R=1421.21' L=55.00' EX. CONC. BULKHEAD N/F JOHN WIGMORE PIN(F) TAZEWELL ROAD (40' R/W) PLAN VIEW (M.S. 7 PG. 192) SCALE 1" = 25' WATERFRONT CONSULTING, INC 1112 JENSEN DRIVE, STE. 206 VIRGINIA BEACH, VA 23451 PH: (757) 425-8244 FAX: (757) 216-6687 ENGINEERING SERVICES PROVIDED BY: PCC, LLC (757) 773-8084 EXHIBIT "A" PROPOSED PIER AND RETURN WALL FOR: THE FUTURA GROUP, LLC. LOT 5 — BLOCK 4 — SECTION A, OCEAN PARK (INST. #: 200605150072776) BAYSIDE DISTRICT SHEET 1 OF 1 DATE: OCTOBER 5, 2006 Item V J 10. RESOLUTIONS/ORDINANCES ITEM #56405 John McMullen, 504 Ben Hogan Drive, Phone: 499-3799, registered in OPPOSITION. Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinance to AUTHORIZE the City Treasurer to retain OSI Collection Services, Inc. to attempt collection of delinquent personal property taxes in the amount of $8 -Million Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph May 8, 2007 1 AN ORDINANCE AUTHORIZING THE CITY TREASURER 2 TO RETAIN A COLLECTION AGENT TO COLLECT 3 PERSONAL PROPERTY TAXES THAT HAVE BEEN 4 DELINQUENT FOR MORE THAN THREE YEARS 5 WHEREAS, the City Treasurer is responsible for the 6 collection of delinquent personal property taxes; and 7 8 WHEREAS, the Treasurer has a very high collection rate from 9 delinquent taxpayers who live, work, and have vehicles 10 registered in the Commonwealth of Virginia; and 11 12 WHEREAS, for taxpayers who no longer reside, work, or drive 13 in the Commonwealth, collection can be problematic for the 14 Treasurer; and 15 16 WHEREAS, the Treasurer has requested authorization from 17 City Council to retain a collection agent to help collect 18 delinquent personal property tax bills that are more than three 19 years old. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 24 That, in accordance with Virginia Code section 58.1-3321, 25 the City Council hereby authorizes the City Treasurer to retain 26 a collection agent to collect delinquent personal property taxes 27 that are more than three years old. 28 29 Requires an affirmative vote by a majority of the members 30 of the City Council. 31 32 Adopted by the Council of the City of Virginia Beach, 33 Virginia, on the 8th day of May , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Treasur'er' �)104 City Attorney's Office CA10385 Q- V:\applications\citylawprod\cycom32\Wpdocs\D027\P002\00032275.DOC R-3 April 27, 2007 -50 - Item V J 11 a/b/c.. RESOLUTIONS/ORDINANCES ITEM #56406 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to APPROPRIATE from the Fund Balance of the General Fund to provide interest free loans re the purchase of new ambulances for various Volunteer Rescue Squads $70, 000 to Plaza Volunteer Rescue Squad $85, 000 to Princess Anne Courthouse Volunteer Rescue Squad $100, 000 to the Sandbridge Volunteer Rescue Squad Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meye:-a E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph Councilman Wood DISCLOSED as his wife is a member of the Plaza Volunteer Rescue Squad May 8, 2007 1 AN ORDINANCE TO APPROPRIATE $70,000 FROM THE 2 FUND BALANCE OF THE GENERAL FUND TO PROVIDE AN 3 INTEREST-FREE LOAN TO THE PLAZA VOLUNTEER 4 RESCUE SQUAD FOR THE PURCHASE OF A NEW 5 AMBULANCE 6 WHEREAS, the Plaza Volunteer Rescue Squad does not presently 7 have adequate funds to purchase a new ambulance but has represented 8 that fund-raising efforts will provide sufficient funds to repay an 9 interest-free loan from the City of Virginia Beach in the amount of 10 $70,000. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 1. That $70,000 is hereby appropriated from the fund balance 16 of the General Fund for an interest-free loan to the Plaza 17 Volunteer Rescue Squad for the purchase of an ambulance, contingent 18 upon execution of the attached agreement. 19 20 2. That this loan is to be repaid by the Plaza Volunteer 21 Rescue Squad over three (3) years, according to the terms of the 22 attached promissory note. 23 24 Requires an affirmative vote by a majority of the members of the 25 City Council. 26 Adopted by the Council of the City of Virginia Beach, 27 Virginia, on the 8th day of May , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Lmanagerv6ntJservices City Attorney's fice CA10380 V:\applications\citylawprod\cycom32\Wpdocs\D025\P002\00032135.DOC R-4 May 2, 2007 Agreement Between the City of Virginia Beach and the Plaza Volunteer Rescue Squad THIS AGREEMENT is made and entered into this day of , 2007, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Plaza Volunteer Rescue Squad ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY -insured vehicle. The 1 Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request for extension shall be made to the EMS Chief no less than 30 days prior to the payment due date. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY -owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY -owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. 2 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA James K. Spore, City Manager ATTEST: City Clerk PLAZA VOLUNTEER RESCUE SQUAD Title: APPROVED AS TO CONTENT: Virginia Beach Management Services Virginia Beach Risk Management Virginia Beach EMS Chief APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office Chief March 4, 2007 Department of EMS 1917 Arctic Avenue Virginia Beach, VA. 23451 The Plaza Volunteer Rescue Squad needs to replace the 2000 International 4700 Ambulance (1620), which was involved in the fatality accident on April 11, 2005 with a new Ambulance. The process of replacing this ambulance has been delayed due to the long process of legal proceedings. This replacement will ensure continuation of quality emergency services with state of the art equipment and bring our inventory back to early 2005 of four (4) ambulances. Ambulance 1620, at the time of the accident, was one of our newer ambulances with just over 60,000 miles on it and wasn't due to be replaced for several years. The extent of the damage and the duration which it was held made repair not cost effective. Risk Management in 2006 settled with the Plaza Volunteer Rescue Squad with the understanding that the ambulance would be replaced. The entire settlement of $75,500 will be placed towards the new ambulance which will cover about 52% of the cost for the replacement ambulance. Plaza Volunteer Rescue Squad has researched and priced ambulances and has concluded that the best choice for a replacement ambulance will be on a Chevrolet chassis. Plaza Rescue Squad currently has three (3) ambulances, with (2) of them on a Chevrolet chassis. Our members are familiar with the driving and handling of this type ambulance chassis and the maintenance facilities utilized by Plaza Rescue are already in place. The proposed cost to purchase this new Chevrolet Ambulance is $144,566.00. Of this cost Plaza Volunteer Rescue Squad is applying the total settlement from Risk Management of $75,500.00 towards the final price of the ambulance. 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 our funds for the purchase of a new ambulance with a no -interest loan of $70,000.00. We are further requesting to pay back this loan over period of (3) years at $23,350.00 per year. We request the first payment to be one year after the loan is secured. William J. Walker President PROMISSORY NOTE $70,000 Virginia Beach, Virginia April 20, 2007 FOR VALUE RECEIVED, Plaza Volunteer Rescue Squad, ("Maker"), promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of SEVENTY THOUSAND DOLLARS ($70,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before June 1, 2008 - $23,350 On or before June 1, 2009 - $23,350 On or before June 1, 2010 - $23,300 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). PLAZA UNTEE SCUE SQUAD f� (SEAL) Mar Collins, Lieutenant 1 AN ORDINANCE TO APPROPRIATE $85,000 FROM THE 2 FUND BALANCE OF THE GENERAL FUND TO PROVIDE AN 3 INTEREST-FREE LOAN TO THE PRINCESS ANNE 4 COURTHOUSE VOLUNTEER RESCUE SQUAD FOR THE 5 PURCHASE OF A NEW AMBULANCE 6 WHEREAS, the Princess Anne Courthouse Volunteer Rescue Squad 7 does not presently have adequate funds to purchase a new ambulance 8 but has represented that fund-raising efforts will provide 9 sufficient funds to repay an interest-free loan from the City of 10 Virginia Beach in the amount of $85,000. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 1. That $85,000 is hereby appropriated from the fund balance 16 of the General Fund for an interest-free loan to the Princess Anne 17 Courthouse Volunteer Rescue Squad for the purchase of an ambulance, 18 contingent upon execution of the attached agreement. 19 20 2. That this loan is to be repaid by the Princess Anne 21 Courthouse Volunteer Rescue Squad over five (5) years, according to 22 the terms of the attached promissory note. 23 24 Requires an affirmative vote by a majority of the members of 25 the City Council. 26 Adopted by the Council of the City of Virginia Beach, 27 Virginia, on the gt--h_ day of May , 2007. APPROVED AS TO CONTENT: z&, - I ",-/ Y4",- nagem t ervices APPROVED AS TO LEGAL SUFFICIENCY: City AttorneyiC> Office CA10382 V:\applications\citylawprod\cycom32\Wpdocs\D025\P002\00032143.DOC R-5 May 2, 2007 P"Ne°°�gr Princess Anne Courthouse Volunteer Rescue Squad and Fire Department, Inc. Post Office Box 6344 5 Virginia Beach, Virginia 23456 VIRGRRA BEACH VIRGWIA February 28, 2007 Serving the Community Since 1947 Chief Bruce Edwards 1917 Arctic Avenue Virginia Beach, VA 23451 Dear Chief Edwards, The Princess Anne Courthouse Volunteer Rescue Squad and Fire Department Inc, torinally requests a 0% interest free loan from the City of Virginia Beach in the amount of $85,000 to purchase a new ambulance. We will be replacing our unit 521, a 1998 Wheeled Coach Type III ambulance, which currently has 248,818 miles. The city garage has told us they will no longer repair this unit outside of normal preventative maintenance. We will be replacing 521 with a new 2006 Type III Wheeled Coach ambulance. We have located a demonstrator ambulance which we can purchase for $107,000. In order to make the ambulance "street ready" with the appropriate equipment and lettering the total price will be $120,581. We have been awarded a state 50/50 grant in the amount of $42,500. We currently have no outstanding loans with the city. We made the final payment in the amount of $10,000 on our unit 522 in the fall of 2006. All payments due on unit 522 were paid on time, and in accordance with the loan terms. We request repayment terms of five years, making payments in the amount of $17,500. We hope to take delivery of the ambulance within 60 days and request the funds in this time frame. As you are aware, our squad staffs one unit 24 hours a day 365 days a year. There are also many shifts in which we have 2 and 3 units staffed. Our squad is also one of the busiest in the city, as much of the new development in the city is taking place in our first due areas. We anticipate call volume to increase over time with the new development and increased populations. "Thank you v,ry mu�h for your consideration. If you require additional information, I can be reached at 757- 85-1690. Respec t��ty�mitte Frank R-NTin1 ,Treasurer, Princess Anne Courthouse Volunteer Rescue Squad and Fire Department, Inc. r PROMISSORY NOTE $85,000 Virginia Beach, Virginia April 20, 2007 FOR VALUE RECEIVED, Princess Anne Courthouse Volunteer Rescue Squad, ("Maker"), promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of EIGHTY-FIVE THOUSAND DOLLARS ($85,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before June 1, 2008 - $17,500 On or before June 1, 2009 - $17,500 On or before June 1, 2010 - $17,500 On or before June 1, 2011 - $17,500 On or before June 1, 2012 - $15,000 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). PRINCESS ANNE COURTHOU VO U1 -T SCUE SQUAD (SEAL) By: T evor irk, President l Agreement Between the City of Virginia Beach and the Princess Anne Courthouse Volunteer Rescue Squad THIS AGREEMENT is made and entered into this day of , 2007, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Princess Anne Courthouse Volunteer Rescue Squad ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY -insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request for extension shall be made to the EMS Chief no less than 30 days prior to the payment due date. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY -owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY -owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. 2 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. ATTEST: City Clerk APPROVED AS TO CONTENT: Virginia Beach Management Services Virginia Beach Risk Management Virginia Beach EMS Chief CITY OF VIRGINIA BEACH, VIRGINIA James K. Spore, City Manager PRINCESS ANNE COURTHOUSE VOLUNTEER RESCUE SQUAD Title: 3 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 1 AN ORDINANCE TO APPROPRIATE $100,000 FROM THE 2 FUND BALANCE OF THE GENERAL FUND TO PROVIDE AN 3 INTEREST-FREE LOAN TO THE SANDBRIDGE VOLUNTEER 4 RESCUE SQUAD FOR THE PURCHASE OF A NEW 5 AMBULANCE 6 WHEREAS, the Sandbridge Volunteer Rescue Squad does not 7 presently have adequate funds to purchase a new ambulance but has 8 represented that fund-raising efforts will provide sufficient funds 9 to repay an interest-free loan from the City of Virginia Beach in 10 the amount of $100,000. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 1. That $100,000 is hereby appropriated from the fund balance 16 of the General Fund for an interest-free loan to the Sandbridge 17 Volunteer Rescue Squad for the purchase of an ambulance, contingent 18 upon execution of the attached agreement. 19 20 2. That this loan is to be repaid by the Sandbridge Volunteer 21 Rescue Squad over four (4) years, according to the terms of the 22 attached promissory note. 23 24 Requires an affirmative vote by a majority of the members of 25 the City Council. 26 Adopted by the Council of the City of Virginia Beach, 27 Virginia, on the 8th day of May , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �_�anaga?ne Services City Attorney' Office CA10381 V:\applications\citylawprod\cycom32\Wpdocs\D025\P002\00032139.DOC R-4 May 2, 2007 ' i ci l ui S a e e r Ne .� S CU- M. /If-:;ni'i IY, .it, W-rjstlia January 29, 2007 Division Chief John Bianco Virginia Beach Department of EMS 1917 Arctic Avenue Virginia Beach, VA 23451 Dear Chief Bianco: 'Phis responds to your letter request of 24 January 2007 for additional information related to Sandbridge Rescue Squad's loan application for replacement ambulance procurement. Attached is the rationale and data for the nine questions you asked. Please do not hesitate to contact me if you need additional information or assistance. Sincerely, Marty Benson President, SBVRS Attachment: SBVRS No Interest Loan Application Sandbridge Volunteer- Rescue Squad No interest Loan Application. The following information is provided in the format specified in Virginia Beach DEMS Administrative Procedure. 1. Vehicle being replaced: Ambulance 1721, City Inventory Number 120866. This ambulance is a 1995 model with mileage (as of January 24, 2007) of 153,840 miles. Estimated mileage at replacement is 165,000. This ambulance has experienced significantly increased maintenance costs during the past year. During the period July 1, 2004 to June 30, 2005 cost of repairs for 1721 was $7,392. Cost of repairs for the next oldest ambulance was $6,716. During the period July 1, 2005 to June 30, 2006 repair costs for 172:1 rose to $14, 724, while the second oldest ambulance repair costs decreased to $3,754. Additionally increased down time has impacted the squad's ability to support special functions, accomplish end of shift turnovers without requiring a gap in coverage for return to station and restocking, and maintain one ambulance in station to respond to calls in Sandbridge with off duty personnel. 2. Due to estimated trade in value of only $5000, our intent is to donate the ambulance to the Virginia Beach EMS Training Center for their use in training pre -hospital providers. This transfer has been agreed upon in principal by both the Training Center and the Virginia Beach Department of EMS. 3. This is not an additional vehicle. 4. Desired purchase date (upon delivery and acceptance of the ambulance) is about August 2007. This will require ordering by March. 5. Funds Requested: $100,000.00 6. Initial Vehicle cost to be paid by the Squad: About $40,000 7. Known Grant Awards: None 8. Desired Term of Loan: Four Years. 9. Outstanding City Loans: None PROMISSORY NOTE $100,000.00 March 12, 2007 FOR VALUE RECEIVED, Sandbridge Volunteer Rescue Squad, ("Maker"), at 305 Sandbridge Road, Virginia Beach, VA, promises to pay, without offset, to the order of the City of Virginia Beach, (Noteholder"), at Municipal Center, Virginia Beach, VA, (or at such other place as Noteholder may designate in writing) the principal sum of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before September 1, 2008 - $25,000.00 On or before September 1, 2009 - $25,000.00 On or before September 1, 2010 - $25,000.00 On or before September 1, 2011 - $25,000.00 This Note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment by the date it is due, Maker will be in default, and the entire principal amount hereof, together with all late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this Note, the release of any parties who are or may become liable hereon, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection of this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s): ,wZ /AiS71—\� SEAL Ewin . Best, Secretary SBVRS George M. Benson, President SBVRS Agreement Between the City of Virginia Beach and the Sandbridge Volunteer Rescue Squad THIS AGREEMENT is made and entered into this day of , 2007, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Sandbridge Volunteer Rescue Squad ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY -insured vehicle. The 1 Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request for extension shall be made to the EMS Chief no less than 30 days prior to the payment due date. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY -owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY -owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. OA IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA James K. Spore, City Manager ATTEST: City Clerk SANDBRIDGE VOLUNTEER RESCUE SQUAD APPROVED AS TO CONTENT: Virginia Beach Management Services Virginia Beach Risk Management Virginia Beach EMS Chief Title: 3 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office Item V -K. PLANNING 1. ALBERT and SCOTT WINTERS 2. CENTER VILLE BP, INC. 3. ALEX WOLCOTT 4. CONCULT I, LLC 5. CKC PROPERTIES, LLC 6. DFI-VIRGINL4 BEACH BLVD., LLC -51 - ITEM #56407 7. WINDSOR OAKS WEST PARCEL 3, LLC VARIANCE MODIFICATION OF CONDITIONS (approved September 14, 198 7) NONCONFORMING USE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING May 8, 2007 -52 - Item V -K. PLANNING ITEM # 56408 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Items], 2. 3, 4, 5, 6 and 7 of the PLANNING BY CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: William R. "Bill " DeSteph Council Lady Henley DISCLOSED on Item K.1 (ALBERTA and SCOT WINTERS) Variance, she has an interest in property adjacent to the application, but is able to participate in the discussion and vote. May 8, 2007 -53 - Item V -K. I PLANNING ITEM # 56409 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council AUTHORIZED Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the CiryZoning Ordinance (CZO) for ALBERTA and SCOTT WINTERS Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Alberta and Scott Winters. Property is located at 1985 Pleasant Ridge Road (GPIN 2412002814). DISTRICT 7 —PRINCESS ANNE The following condition shall be required: 1. The applicant shall submit a subdivision plat to the Development Services Center of the Planning Department for review, approval, and recordation. The lot depicted on such plat shall be substantially of the same size and configuration as the lot on the preliminary subdivision plat submitted with the application. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph Council Lady Henley DISCLOSED she has an interest in property adjacent to the application, but is able to participate in the discussion and vote. May 8, 2007 Subdivision Variance -54 - Item V -K.2 PLANNING ITEM # 56410 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council MODIFIED Conditions re an Ordinance upon application of CENTERVILLE BP, INC. to remove the car wash and service kiosk and replace them with a convenience store (approved on September 14, 1987) ORDINANCE UPON APPLICATION OF CENTERVILLE BP, INC. FOR A MODIFICATION OF CONDITIONS FOR A CONDITIONAL USE PERMIT APPROVED BY CITY COUNCIL ON SEPTEMBER 14, 1987. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Centerville BP, Inc. for a Modification of Conditions for a Conditional Use Permit approved by City Council on September 14, 1987. Property is located at 1909 Centerville Turnpike (GPIN 1455817527). DISTRICT I — CENTERVILLE The following conditions shall be required: 1. All conditions, except Condition 2, attached to the Conditional Use Permit granted by the City Council on September 14, 1987 remain in affect. 2. The site shall be developed substantially in accordance with the submitted "PRELIMINARY SITE AND LANDSCAPE PLAN OF CONVENIENCE STORE ADDITION AT EXISTING BP /AMOCO STATION, 1909 CENTERVILLE TURNPIKE, CENTERVILLE DISTRICT, VIRGINIA BEACH", prepared by Land Design and Development, Inc., and dated January 18, 2007. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The building shall be constructed substantially in accordance with the submitted plan entitled "CENTERVILLE BP, 1909 CENTERVILLE TURNPIKE, VIRGINIA BEACH, VIRGINIA", prepared by Neil E. Bristow Architect, and dated 1/29/07. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. The dumpster shall be enclosed with a solid wall to match the building, and landscaped in accordance with Section 245(e) of i lie Zoning Ordinance. 5. Signage for the site shall be limited to: a. Directional signs; b. One monument -style freestanding sign, no more than eight (8) feet in height, set on a brick base to match the building brick and two building and / or canopy signs; c. If the canopy is replaced or modified, any striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and / or doors, canopy, light poles, or any other portion of the site. May 8, 2007 -55 - Item V -K2 PLANNING ITEM # 56410 (Continued) 6. No outdoor vending machines or display of merchandise shall be allowed. 7. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights-of-way in accordance with Section 246(d) of the Zoning Ordinance. 8. A Lighting Plan and / or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole -mounted and building - mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. If the lighting for the canopy is replaced, it shall be recessed. The plan shall include provisions for implementing low-level security lighting for non -business hours. This Ordinance shall be effective in accordance with Section 107 (fi of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of May Two Thousand Seven Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph May 8, 2007 -56 - Item V -K3 PLANNING ITEM # 56411 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED the application of ALEX WOLCOTT for Expansion of a Nonconforming Use to renovate an existing two- story single-family structure and two-story building with four apartments, at 405 23rd Street Resolution authorizing an Expansion of a Nonconforming Use for Alex Wolcott on property located at 405 23rd Street (GPIN 2427093131). DISTRICT 6 — BEACH The following conditions shall be required: 1. Exterior siding of both structures shall be either cedar shake or cement fiber board. 2. The rear, 2nd floor porches of the apartment building shall remain open (unenclosed) with a minimum of sixty-four (64) square feet, or a size as required by the Building Official's Office, whichever is greater. 3. Chain-link fence shall be prohibited on the site. Any fencin shall match the existing white vinyl fence as depicted in the photograph labeled, "23r Street fence, " dated April 1, 2007, on file with the Planning Department. 4. Pedestrian access, utilizing concrete, pavers, pea gravel, or similar material shall be provided from 23rd Street to the structure located on the rear of the lot to enable on -street parking for occupants and their guests. This shall be depicted on the site plan. 5. The area designated for parking, along the northern property line, shall be pavers or a similar semi -impervious material. Said material shall be indicated on the site plan. 6. Final architectural elevations of the rear, apartment structure and a site plan depicting the above information shall be submitted to the Planning Department for review and approval prior to the issuance of a building permit for renovation of the rear, apartment structure. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph May 8, 2007 I A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 405 23rd STREET, IN THE BEACH DISTRICT 4 WHEREAS, Alex Wolcott (hereinafter the `Applicant") has 5 made application to the City Council for authorization to 6 enlarge a nonconforming use with the renovation of a single - 7 family dwelling and an apartment building on a certain lot or 8 parcel of land having the address of 405 23rd, in the A-12 9 Apartment District; and 10 11 WHEREAS, the said use is nonconforming, as single-family 12 dwellings are not allowed in the A-12 Apartment District and 13 there are two dwellings on the subject lot, and more than one 14 dwelling on a single lot is not allowed; and 15 16 WHEREAS, pursuant to Section 105 of the City Zoning 17 Ordinance, the enlargement of a nonconforming use is unlawful in 18 the absence of a resolution of the City Council authorizing such 19 action upon a finding that the proposed use, as enlarged, will 20 be equally appropriate or more appropriate to the zoning 21 district than is the existing use; 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 That the City Council hereby finds that the proposed use, 26 as enlarged, will be equally appropriate to the district as is 27 the existing use. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 That the proposed enlargement of the existing dwellings is 32 hereby authorized, upon the following conditions: 33 34 1. Exterior siding of both structures shall be wither 35 cedar shake or cement fiber board. 36 37 2. The rear 2nd floor porches of the apartment building 38 shall remain open (unenclosed) with a minimum of 64 square feet, 39 or a size as required by the Building Official's Office, 40 whichever is greater. 41 42 3. Chain-link fence shall be prohibited on the site. Any 43 fencing shall match the existing white vinyl fence as depicted 44 in the photograph labeled "23rd Street fence," dated April 1, 45 2007, on file with the Planning Department. 46 47 4. Pedestrian access utilizing concrete pavers, pea 48 gravel or similar material shall be provided from 23rd Street to 49 the structure located on the rear of the lot to enable on -street 50 parking for occupants and their guests. This shall be depicted 51 on the site plan. 52 53 5. The area designated for parking, along the northern 54 property line, shall be pavers or a similar semi -impervious 55 material. Said material shall be indicated on the site plan. 56 57 6. Final architectural elevations of the rear apartment 58 structure and a site plan depicting the above information shall 59 be submitted to the Planning Department for review and approval 60 prior to the issuance of a building permit for renovation of the 61 rear apartment structure. 62 63 Adopted by the Council of the City of Virginia Beach, 64 Virginia, on the 8th day of May, 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r City Attorney's Office CA10379 V:\applications\citylawprod\cycom32\Wpdocs\D024\P001\00032042.DOC R-1 April 24, 2007 -57 - Item V -K4 PLANNING ITEM # 56412 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of CONCUT I, L.L.C. for a Conditional Use Permit for a bulk storage yard: ORDNANCE UPON APPLICATION OF CONCUT I, L.L.C. FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD RO50734223 BE IT HEREBY ORDAINED BY THE CO UNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordnance upon application of Concut 1, L.L.C. for a Conditional Use Permit for a bulk storage yard on property located at 535 London Bridge Road (GPIN 1496898291). DISTRICT 6 — BEACH The following conditions shall be required: 1. A site plan depicting the overall design and layout of the bulk storage yard shall be submitted within sixty (60) days to the Planning Department/ Development Services Center for review and approval. 2. A stormwater management plan must be submitted within sixty (60) days to the Planning Department/ Development Service Center for review and approval. 3. The equipment storage yard shall have Category VI screening along the north and west sides of the property. 4. The equipment storage yard may be gravel, provided a waiver of on-site improvements is requested and approved by the Planning Director. 5. No outdoor storage of parts, equipment or vehicles that are in a state of obvious disrepair shall be permitted. This Ordinance shall be effective in accordance with Section 107 (/) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of May Two Thousand Seven May 8, 2007 IM.M Item V -K.4 PLANNING ITEM # 56412 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill " DeSteph May 8, 2007 -59 - Item V -K. 5 PLANNING ITEM # 56413 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of CKC PROPERTIES, LLCfor a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CKC PROPERTIES, L.L.C. FORA CONDITIONAL USE PERMIT FORA PIER RO50734224 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CKC Properties, L.L.C. for a Conditional Use Permit for a pier on property located at 2533 Virginia Beach Boulevard (GPIN 1497744485). DISTRICT 6 — BEACH The following conditions shall be required; 1. The applicant shall obtain approval for a Joint Permit Application from the Planning Department. 2. The pier shall not be available to the general public and shall not be used as a commercial pier. 3. The applicant shall obtain approval from the City of Virginia Beach for an encroachment into the City's canal easement over London Bridge Creek. This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of May Two Thousand Seven Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: I&I= Council Members Absent: William R. "Bill" DeSteph May 8, 2007 Item V -K. 6. PLANNING ITEM # 56414 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of D F I — VIRGINIA BEACH BOULEVARD, LLC for a Conditional Use Permit: ORDINANCE UPON APPLICATIOPT OF D F I — VIRGINIA BEACH BOULEVARD, LLC FOR A CONDITIONAL USE PERMIT FOR A PIER RO50734225 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of D F I — Virginia Beach Boulevard, LLC for a Conditional Use Permit for a pier on property located at 2529 Virginia Beach Boulevard (GPIN 1497746703). DISTRICT 6 — BEACH The following conditions shall be required: 1. The applicant shall obtain approval for a Joint Permit Application from the Planning Department. 2. The pier shall not be available to the general public and shall not be used as a commercial pier. 3. The applicant shall obtain approval from the City of Virginia Beach for an encroachment into the City's canal easement over London Bridge Creek. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of May Two Thousand Seven Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: William R. "Bill" DeSteph May 8, 2007 -61 - Item VK. 7. PLANNING ITEM # 56415 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of WINDSOR OAKS WEST PARCEL 3, L.L.C. for a Conditional Chan e of Zoning: ORDINANCE UPON APPLICATION OF WINDSOR OAKS WEST PARCEL 3, L.L.C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FROM B-2 COMMUNITY B USINESS DISTRICT TO CONDITIONAL A -I8 Z05071279 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Windsor Oaks West Parcel 3, L.L.C. for a Change of Zonis District Classification from B-2 Community Business District to Conditional A-18 Apartment District on property located at 4392 Holland Road (GPIN 1476878534). DISTRICT 3 — ROSE HALL The following condition shall be required.• 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of May Two Thousand Seven Voting: 10-0 (By Consent) Council Members Voting Aye.- Harry ye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph May 8, 2007 CITY OF VIRGINIA BEACH R a INTER -OFFICE CORRESPONDENCE lb �Op OUR 1" %00 In Reply Refer To Our File No. DF -6690 TO: Leslie L. Lilley M: B. Ka Wilson FROM: Y DATE: April 24, 2007 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application: Windsor Oaks West Parcel 3 The above -referenced conditional zoning application is scheduled to be heard by the City Council on May 8, 2007. I have reviewit to beee ale sufficietntande n proper legar agreement, l form. orm. ated February 1, 2007 and have determined legally A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/als Enclosure cc: Kathleen Hassen Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 AGREEMENT THIS AGREEMENT (the "Agreement") is made as of this 1St day of February, 2007, by and between WINDSOR OAKS WEST PARCEL 3, L.L.C., a Virginia limited liability company (hereinafter referred to as the "Grantor"), the current owner of that certain property located in the City of Virginia Beach, Virginia, which property consists of a 1.778 acre portion of the property identified by GPIN 1476-87-8534, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from B-2 to Conditional A-18; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional A-18 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing A-18 zoning districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue GPIN NO. 1476-87-8534 despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant toprovisions be recorded a ong ow thrg aid , Section 15.2- instrument as 2204, which said ordinance or resolution shall conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of Quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Grantor shall develop the Property in substantial conformity with the concept plan prepared by NDI, L.L.C., Basgier and Associates Division, dated December 19, 2006, entitled "Rezoning Exhibit for Shoreline Apartments Addition, Virginia Beach, Virginia" (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 2. The development on the Property shall form an addition to and share in all of the amenities of the existing apartment community of Shoreline Apartments, such as a common stormwater retention pond, swimming pool, clubhouse, lakeside jogging trail, solarium Jacuzzi and dry sauna, fitness center and basketball court. The existing apartment community of Shoreline Apartments is located on parcels adjacent to the Property identified by GPINs 1476-87-4826 and 1476-88-9103. 3. The Grantor shall develop the structures on the Property using architectural designs and building materials in substantial conformity with the existing apartment structures of Shoreline Apartments. Such existing structures are depicted in the brochure for Shoreline Apartments entitled "Shoreline", a copy of which is on file with the Department of Planning and has been exhibited to the City Council. Consistent with the existing apartment buildings of Shoreline Apartments, the visible exterior surfaces of the new apartment buildings constructed on the Property shall consist of all or any combination of vinyl siding, metal -wrapped wood trim, and asphalt roof shingles. 2 4. The development on the Property shall not exceed thirty-two (32) dwelling units. 5. Further conditions lawfully imposed by applicable development ordinances 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. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions 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 the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. W IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: WINDSOR OAKS WEST PARCEL 3, L.L.C., a Virginia limited liability company By: Michael D. Newsome, Authorized Agent COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of g g 2 by�1�c��I'ewsome, who is personally known to me or has produced ,�identification in his capacity as the Authorized Agent of Windsor Oaks West Parcel 3, L.L.C., a Virginia limited liability company, on behalf of the company. U �L4U0_X3q4 `' Notary Public My Commission Expires: 2D01 [NGTARiAL SEAIJSTAMP] 332'1ti2.1 n EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Commencing at a point situate lying and being in the City of Virginia Beach, Virginia on the northerly right-of-way of Holland Road and on the dividing line between Parcel 3A and Parcel 3B, as recorded in Map Book 259, page 72, as recorded in the Clerk's Office of the Circuit of the City of Virginia Beach, Virginia; thence, following the aforementioned dividing line, N 36 DEGREES 27 MINUTES 42 SECONDS E a distance of 112.31'; thence N 01 DEGREES 01 NIINUTES 32 SECONDS W a distance of 145.71'; thence N 88 DEGREES 58 MINUTES 58 SECONDS E a distance of 129.07'; thence with a curve turning to the left with an arc length of 106.37', with a radius of 117.91', with a chord bearing of N 63 DEGREES 00 MINUTES 35 SECONDS E, with a chord length of 102.80'; thence with a curve turning to the right with an arc length of 36.13', with a radius of 50.00', with a chord bearing of N 58 DEGREES 08 MINUTES 04 SECONDS E, with a chord length of 35.33'; thence with a curve turning to the left with an arc length of 36.11', with a radius of 50.00', with a chord bearing of N 57 DEGREES 56 NIINUTES 35 SECONDS E, with a chord length of 35.33'; thence, following the dividing line between parcel 3A and the parcel owned now or formerly by Shoreline Apartments, L.L.C., N 37 DEGREES 17 MINUTES 46 SECONDS E a distance of 50.00'; thence S 52 DEGREES 42 MINUTES 14 SECONDS E a distance of 265.14', which is the point of beginning for the parcel to be re -zoned; thence N 43 DEGREES 15 MINUTES 07 SECONDS E a distance of 164.30'; thence N 36 DEGREES 51 MINUTES 12 SECONDS E a distance of 103.48'; thence S 53 DEGREES 08 MINUTES 48 SECONDS E a distance of 185.48'; thence, following the dividing line between Parcel 3A and Parcel 3C S 25 DEGREES 11 MINUTES 08 SECONDS E a distance of 85.00'; thence S 53 DEGREES 15 MINUTES 29 SECONDS E a distance of 79.79'; thence, following the westerly bounds of the property owned now or formerly by Holland Plaza Shopping Center, L.L.C., S 36 DEGREES 51 MINUTES 12 SECONDS W a distance of 155.41' ; thence with a curve turning to the right with an arc length of 16.89', with a radius of 60.00', with a chord bearing of S 44 DEGREES 54 MINUTES 35 SECONDS W, with a chord length of 16.83'; thence with a curve turning to the left with an arc length of 23.01', with a radius of 336.00', with a chord bearing of S 51 DEGREES 00 MINUTES 53 SECONDS W, with a chord length of 23.01' ; thence, following the southerly bounds of the parcel to be re -zoned, N 53 DEGREES 27 MINUTES 19 SECONDS W a distance of 309.10'; thence with a curve turning to the left with an arc length of 1.25', with a radius of 2.00', with a chord bearing of S 15 DEGREES 25 MINUTES 08 SECONDS W, with a chord length of 1.23% thence S 02 DEGREES 28 MINUTES 05 SECONDS E a distance of 16.17'; thence with a curve turning to the right with an arc length of 44.65', with a radius of 70.00', with a chord bearing of N 76 DEGREES 39 MINUTES 10 SECONDS W, with a chord length of 43.89'; thence N 29 DEGREES 34 MINUTES 20 SECONDS E a distance of 2.37% thence N 62 DEGREES 16 MINUTES 45 SECONDS W a distance of 11.99'; which is the point of beginning, containing 1.788 acres more or less. 5 -62 - Item V L.1. APPOINTMENTS ITEM # 56416 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Susan D. Vierra 3 year term 5/9/07 — 3/31/10 HEALTH SERVICES ADVISORY BOARD Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill " DeSteph May 8, 2007 -63 - Item V.L.2. APPOINTMENTS ITEM # 56417 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Joanne E. (Jen) Nieves 2 year term 611107 — 5131109 MINORITY BUSINESS COUNCIL Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill " DeSteph May 8, 2007 Item V -O. ADJOURNMENT ITEM # 56418 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:08 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk tHodges Fraser, MMC City Clerk City of Virginia Beach Virginia Meyera E. Oberndorf Mayor May 8, 2007