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Home My WebLink AboutJUNE 25 1996 MINUTES City of' Virgirl.ia Beach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MA YOR Ml!YERA E. OBl!RNDORF, A.-[.o... VICE MAYOR WIWAM D. SESSOMS. JR., A.-LMp JOHN A. BAUM, iliac....,., 8on>ogh UNWOOD O. BRANCH III, Virginia Beach 8on>ogh ROBERT K. DEAN, p,.;1lCU.l Ann. 8on>ogh W. W. HARRISON. JR., Lynnhaw. 80n>0gh HAROW HEISCHOBER, A.-[.o'i' BARBARA M. HENLEY, Pungo 8on>ogh . LOUIS R. JONES, Bayside 8on>o,h NANCY K. PARKER, At-[.o,g. !.aUlSA M. STRAYHORN, ",,"PM'1e 8on>ogh JAMES K. SPOM, CUy Mo..... LESU! L. UUJ!Y, City AI_", RUTH HODGES SMITH, CMC I ME, City C",. CITY COUNCIL AGENDA 281 CrIT HALL BVlWING MUNICIPAL CENTER VIRGINIA BEACH. VIRGINIA 23456.900' 18041427-4303 JUNE 25, 1996 I. CITY MANAGER'S BRIEFINGS - Conference Room - 2:30 PM A. CITY/SCHOOL CONSOLIDATION Patricia A. Phillips, Director, Finance B. COMMUNITY POLICING PROGRAM Lt. James A. Cervera Police Operations Division Administration C. CORPORATE LANDING TASK FORCE Mark R. Wawner, Project Development Manager Economic Development II. AGENDA REVIEW SESSION III. CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - 4:00 PH A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber - 6:00 PH A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Larry Lenow Courthouse Community United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION I I F. MINUTES 1. 2. INFORMAL & FORMAL SESSIONS June 11, 1996 SPECIAL SESSION June 18, 1996 o. aDOPT AGENDA FOR FORMAL SESSION H. CONSENT AGENDA The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. I. PRESENTATION 1. UNITED STATES SOCCER FEDERATION FOUNDATION Robert L. Beck, Executive Director FORD MOTOR COMPANY James DeMartino, Product Manager, Ford Assembly Plant HAMPTON ROADS SOCCER COUNCIL Michael J. Barrett, President J. RESOLUTIONS 1. Resolution to elect contribution option re funding of Virginia Retirement System (VRS) cost-of-living adjustment (COLA); and, to encourage the development of a more rapid phase-in or funding method. 2. Resolution to authorize the City Manager to develop an Agreement of Understanding with the Virginia Beach Development Authority to accomplish sale of the existing Social Services Building site by the City to the Authority; construction by the Authority of a new Social Services Building on that site; negotiation of a long-term lease/rental agreement; and, to present the completed Agreement to Council for review and consideration as soon as practical. 3. Resolution to direct the Director of Finance to make payment on lost Minibonds ( General Obligation Public Improvement Minibonds, Series 1991B, May 29, 1996 Maturity): a. R-0350 $1,500.00 Louise and Keith Whitehead, 1430 Caldwell Drive Hampton, Virginia b. R-0329 $1,000.00 Evelyn F. and John M.Shepherd, Jr., 218 Kings Grant Drive Yorktown, Virginia K. ORDINANCES 1. Ordinances to AMEND and REORDAIN the Code of the City of Virginia Beach, by bringing these sections into conformance with State Law: a. 6-122 and 6-122.4 re additional penalty for reckless or intoxicated operation of a watercraft or motorboat b. 21-150 re flashing, blinking or alternating colored lights 21-151 re auxiliary lamps on firefighting and other emergency vehicles 21-192 re maximum vehicle width 21-315 re disregarding signal to stop by police officers 21-336 re driving under influence (DUI) c. 23-7 re resisting, obstructing, etc., City Officers 2. Ordinance to ACCEPT and APPROPRIATE $5,000 in additional Federal Substance Abuse Residential Purchase of Services (SARPOS) funds; and, to increase estimated Federal Revenue by $5,000 in the FY 1995-1996 Mental Health-Mental Retardation- Substance Abuse (MHMRSA) Operating Budget re temporary shelter of additional clients. 3. Ordinances re Hilltop Loop North CIP Project #2-001, (Hannaford Bros.), (LYNNHAVEN BOROUGH): a. Establish Hilltop Loop CIP Project #2-001; and TRANSFER $470,000 from various CIP projects b. Authorize acquisition of permanent drainage easements either by agreement or condemnation, in conjunction with the construction of Republic Road; and, authorize the City Manager to execute a Development Agreement. 4. Ordinance to TRANSFER $98,800 from the General Fund Reserve for Contingencies to the Public Defender's FY 1995-1996 Operating Budget re increasing costs of Public Defender and Court-Appointed Attorney Services. 5. Ordinance to TRANSFER $2,588 from the General Fund Reserve for Contingencies re reimbursement of the Water and Sewer Fund for the costs of Water and Sewer fees associated with the construction of the 1996 Charity House being built by The Ashcroft Company on Lot 1395, Section 23, of Red Mill Farm/South Shore Estates (2196 Bierce Drive) (PRINCESS ANNE BOROUGH) . 6. Ordinance to accept an Offer of Dedication to the City of Virginia Beach of the property commonly referred to as the Ferry Farm House (Parcel B, Old Donation Farm); and, authorize the City Attorney to advise the owners of the City's acceptance of the offer in accordance with the terms specified (BAYSIDE BOROUGH). 7. Ordinance to authorize Tax Refunds in the amount of $1,477.98. I I L. PUBLIC HEARING - PLANNING 7:00 PM PLANNING BY CONSENT - To be determined during the Agenda Review Session. 1. NO ACTION ITEMS a. Application of NEIGHBORHOOD ASSEMBLY OF GOD for a Conditione1 USA P~rmit for a church on the East side of Princess Anne Road, South of Vaughan Road (1196 Princess Anne Road), containing 11.649 acres (PUNGO BOROUGH). (Deferred by Planning Commission INDEFINITELY) b. Application of PEP BOYS for a Conditional Use Permit for an automotive repair facility on the South side of Indian River Road, West of Kempsville Road (5405 Indian River Road), containing 2.637 acres (KEMPSVILLE BOROUGH). (Deferred by Planning Commission: INDEFINITELY) 2. PLANNING a. Petition of HANNAFORD BROS., CO. for the dlscontinuance, closure and abandonment of a portion of Republic Road (Bonney Parkway) beginning at a point 950 feet more or less West of First Colonial Road and running Westerly and Southerly to the Northern property line of Laskin Road, 60 feet in width (LYNNHAVEN BOROUGH). Deferred for Compliance: December 12, 1995 Recommendation: ADDITIONAL 180 DAY DEFERRAL b. Peti tion of HICKORY PROPERTIES, L. L. C. for the discontinuance. closure and abandonment of a portion of Old Donation Parkway (unimproved) , beginning at the Southeastern terminus of pembroke Boulevard and running in a Southeasterly direction along the boundaries of Lots 34 and 35, J.C. Hudgins Shores, containing 1.1021 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL c. Application of JAMES L. HARRELL, III and C. W. HARRELL and ASSOCIATES for a Conditional Use Permit for a gasoline service station in conj unction wi th a convenience store on the North side of Sandbridge Road, East of Entrada Drive (1756 Sandbridge Road), containing 40,075 square feet (PRINCESS ANNE BOROUGH). Deferred: May 28, 1996 Staff Recommendation: Planning Recommendation: DENIAL APPROVAL d. Application of ACE OF KEMPSVILLE, INC. for a Conditional Use Permit for a motor vehicle rentals on the North side of Princess Anne Road, 200 feet more or less East of Overland Road (5168 Princess Anne Road), containing 1.35 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL e. Application of TABERNACLE BAPTIST CHURCH for a Conditional Use Permit for a church dormitory (student living quarters) on the West side of Whitehurst Landing Road, North of Providence Road (757 Whitehurst Landing Road), containing 1.532 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL f. Applications of MARY KAREN C. and A. NEAL KELLUM at the Southwest corner of Bonney Road and Happy Street (105 Happy Street), containing 9,147 square feet more or less (KEMPSVILLE BOROUGH): (1) Change of Zoning District Classification from 0=1 Office District to R-7.5 Residential District (2) Conditional Use Permit for a crematory for processing animals Recommendation: APPROVAL g. Application of the VIRGINIA BEACH DEVELOPMENT AUTHORITY for a Modification of Conditions attached to rezonings granted on 13 June 1988, 14 August 1989, 9 November 1993 and 22 November 1994, on the South side of Dam Neck Road, West of General Booth Boulevard (Corporate Landing), to allow flexibility of uses within the R & D as well as in the MDO Districts, containing 337 acres (PRINCESS ANNE BOROUGH) . Recommendation: APPROVAL h. Ordinances to AMEND the Code of the City of Virginia Beach: (1) Chapter 2, Sections 2-267, 2-268, 2-273, 2-274, 2- 275 and 2-382 re the composition and functions of the Permits and Inspections Division and the Weights and Measures Bureau under the Department of Public Works and modifying the functions of the Engineering Division; and ADDING Sections 2-386, 2- 387 and 2-388 re the placement of the Permits and Inspections Division and the Weights and Measures Bureau under the Department of Planning. (2) Chapter 8, Sections 8-1, 8-2, 8-8, 8-27 and 8-72 by DELETING the term Special Police Officer; changing the term Person to Inspector; and, changing all references to the Department of Public Works to the Department of Planning. (3) Chapter 30, Sections 30-57, 30-60 and 30-74 by changing all references to the Department or the Director of Public Works to the Department or the Director of Planning. (4) Subdivision Ordinance: Sections 1.4, 4.2, 4.4, 5.5, 5.6, 6.1 and 7.6 by changing references to the Department or the Director of Public Works to the Department or the Director of Planning or his designee, or the City Engineer. (5) Site Plan Ordinance: Sections 1, 4 and 5 by changing references to the Department or the Director of Public Works, or the City Engineer, to the Director of Planning or his designee. Recommendation: APPROVAL M. APPOINTMENTS HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) SOCIAL SERVICES BOARD TIDEWATER TRANSPORTATION DISTRICT COMMISSION (TTDC) N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT * * * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) * * * * * * * * * * 06/20/96CMD AGENDA\06-25-96.PLN MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 25, 1996 Vice Mayor William D. Sessoms, Jr. called to order the CITY MANAGER'S BRIEFINGS for the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 25, 1996, at 2:30 P.M. Council Members Present: John A. Baum, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Mayor Meyera E. Oberndorf [RETURNING FROM U.S. CONFERENCE OF MAYORS / ENTERED: 4:00 P.M.] William Jv. Harrison, Jr. [ENTERED: 2:53 P.M.] [ENTERED: 2:45 P.M.] Linwood O. Branch, III Louisa M. Strayhorn [ENTERED: 2:45 P.M.] -2- C I T Y MAN AGE R 's B R I E FIN G S CITY/SCHOOL CONSOLIDATION ITEM # 40920 2:30 P.M. Patricia A. Phillips, Director - Finance, introduced the following members of City Staff providing support during this difficult process: Linda Granger - Financial Systems Coordinator; Rich Dunford - Debt Financial Services Co-Ordinator; Robert Hayes - Comptroller; Rick Barry - Purchasing Agent; Gene LeJeune - Payroll Administrator; Harry Smithsom - Print Shop Administrator. On February 20, 1996, both the City Council and the School Board passed resolutions committing to the consolidation of the ministerial aspects of the School Division's payroll, purchasing, accounts payable and accounting functions with those of the City's Finance Department. The goals of the consolidation are greater fiscal accountability, improved service and cost savings. Teams were formed to review processes and outline advantages and areas of concern for each of the functional areas involved in the consolidation. David Grochmal, Director of General Services. advised in April, 1995, the City contracted David M. Griffith and Associates LTD to assess the advantages and disadvantages of consolidating the City's Print Shop with the School's Reprographics Division. David M Griffith recommended the two print shops be consolidated under the City's Department of General Services. That report was reviewed again recently and essentially the same conclusion was reached. The School Print Shop has four employees, three of which are located in the Courthouse Elementary School. The fourth employee is located in the School Administration Building. The City is proposing to consolidate those four staff members and their activities into the existing City Print Shop located in the basement of the Operations Building. This will save approximately $110,000 in capital cost. When the transfer of title of Courthouse Elementary School was agreed upon and the City retained ownership of the site, Schools agreed to vacate the property. Schools have not completely vacated the two story building or the modular building and the City has uses for these spaces. As there is duplicate equipment, savings of $30,000 in equipment maintenance will result. There will be improved equipment utilization and production capacity with availability offinishing services and reduced storage costs. Through the utilization of overheads, Patricia Phillips depicted consolidation of purchasing, accounts payable, accounting and payroll, PURCHASING Transfer of 11 School Employees to City. Elimination of 3 positions - personnel savings of $76,000. Savings of $5,000 in software maintenance. Potential for increased quantity discounts. Need to work closely and communicate effectively to understand particular requirements of School network, including 83 schools ACCOUNTS PAYABLE Transfer of 6 School employees to the City Elimination of 1 position - personnel savings of $26,000 School retains 2 employees to approve all transactions. Reduction of repetitive steps through standardization of forms. Potential for increased process improvements. June 25, 1996 -3- C I T Y MAN AGE R 'S B R I E FIN G S CITY/SCHOOL CONSOLIDATION ITEM # 40920 (Continued) ACCOUNTING Transfer of 2 School positions to City (vacancies), Schools have already eliminated a vacant accountant position. Schools will prepare their own financial reports and do accounting for individual schools. City will do grants and other accounting. Potential for reduced overtime for School staff PAYROLL Most complex. Invest $75,000 to customize City's payroll ~ystem to meet needs of Schools. Potential transfer of 8 School employees to City. Potential elimination of 1 permanent and 1 temporary position - savings of $36,500. Potential elimination of additional positiom' in year 2 of consolidation. Consolidation is evaluated upon implementation of new system (TARGET: January 1997) ISSUE: LOCATION Mrs. Phillips' plan at the present time would be to place a consolidated payroll operation in the basement of the City Hall Building in the location Central Files is currently vacating. The Schools would prefer a consolidated office to be located in the School Administration Building. PAYROLL POTENTIAL BENEFITS Better management of resources through consolidation of duplicate tasks (tax reporting, VRS reporting, routine payroll functions, etc.) Economics of scale and more efficient software maintenance through use of standardized system. Potential for process improvements. POSITIONS ELIMINATED BY CONSOLIDATION FOR FISCAL YEAR 1996-1997 CI1Y POSITION SCHOOL POSITION ELIMINATIONS ELIMINATIONS Permanent Positions Eliminated 2 4* Temporary Positions Eliminated - 1 *One position already eliminated by School Division June 25, 1996 -4- C I T Y MAN AGE R 's B R I E FIN G S CITY/SCHOOL CONSOLIDATION ITEM # 40920 (Continued) NET SAVINGS FROM CONSOLIDATION Year One: Net Savings in Salaries, Benefits and Other Charges $ 142,771 One Time Charges (67.19~) Adjusted Net Savings $ 75.572 Transfer from Technology Reserve Fund in Year One $ 75,000 Year Two: Continued savings in salaries, etc. from year one. $ 142,771 Est. FrE reductions due to efficiencies and improvements 50,000 Less City microcomputer support fees levied in year two (19.375) Net Savings $ 173.396 FISCAL ACCOUNTABILITY GOAL Purchasing quantity discounts and educational discounts. Better management of resources. Unified offices and melding of duplicate tasks. Unified effort to acquire and implement new financial management system. Economies of scale. Potential for process improvements. Redistribution of tasks. IMPROVED SERVICE GOAL More staff available at a central location to serve customers. Improved service to schools through access to online information systems. Improved communication. Job enrichment, expanded knowledge. Improved service to citizens and taxpayers through prudent management of tax dollars. If City Council and the School Board wishes to move forward with the Consolidation, It is anticipated Purchasing, Accounts Payable and Accounting would be consolidated approximately October First. Payroll, if programming could commence immediately, would be ready January 1, 1997. The Print Shop consolidation is also estimated to be approximately January First. June 25, 1996 -5- C I T Y MAN AGE R 'S B R I E FIN G S COMMUNITY POLICING PROGRAM 3:10 P.M. ITEM # 40921 Chief Charles Wall, introduced Lt. James A. Cervera, to present information relative the COMMUNITY POLICING PROGRAM. Lt. James A. Cervera, Police Operations Division Administration, advised the Core Value in Community Policing: "To enhance the quality of life for the citizens." The main goal after two years in certain neighborhoods is to reduce the level of fear in neighborhoods. This is a very different goal from traditional policing. To determine if this goal has been accomplished, 1,000 citizens in the Target neighborhoods were surveyed. The citizens identified three problems (1) fear of guns; (2) fear of drugs; and, (3) fear of disorderly teenagers. Phase I of the Community Policing Program consisted of short term goals to reduce the level of fear. Through the utilization of overheads, Lt. Cervera cited accomplishments in the seven (7) TARGET areas during the first year. 472 felony arrests 575 juvenile arrests 90 weapons recovered The Community Policing Program assisted in the formation of Civic Leagues. Fear was reduced from 50% to 38% There was a 5% reduction in drugs. Only 11% participated in a Neighborhood Watch Program. Scarborough Square had a large neighborhood fair involving approximately 350 individuals. The citizens wish to form a citizen patrol. 90% of the residents feel Community Policing is doing a good job. Their biggest success has been the Lake Edward gun reduction program. 103 guns were confiscated in six months. The above reflects the accomplishments of the first group of 28 officers hired. The next group, consisting of officers hired, had 17 officers working in the Beach Borough. In September, 10 of these officers will be transferred to each High School in the City allowing a resource officer for each high school. The DARE unit has been restructured with 7 officers working in the Middle Schools. The School Resource Officers will be a tremendous asset. June 25, 1996 I I -6- C I T Y MAN AGE R 's B R I E FIN G S CORPORATE LANDING TASK FORCE 3:30 P.M. ITEM # 40922 Mr. Donald Maxwell, Director of Economic Development, advised in February 1995, at the City Council Workshop, City Council determined the need to re-evaluate the Corporate Landing Master Plan. At the time, the City Council appointed a 12 Member Task Force comprised of the following: 2 Members of City Council Councilman Robert K Dean Councilman William Jv. Harrison, Jr. 1 Member of the Community Glenn Tainter 2 Development Authority representatives Kenneth Palmer Robin Ray 3 Members of the business community Richard Foster J. Gibson Burrell Saunders 1 Planning Commissioner Judith Rosenblatt 1 Planning Department Director Robert J. Scott 2 Economic Development Department Members Donald Maxwell Mark Wawner The purpose of the Task Force was to evaluate alternative land planning and marketing techniques for Corporate Landing. They met on four separate occasions during June/July 1995 and developed the Corporate Landing Master Plan Analysis. The Master Plan Analysis considered: Various Land-Use Alternatives Impact of road improvements such as extending Corporate Landing Parkway through to General Booth Boulevard. Additional landscaping along Corporate Landing Parkway and General Booth Boulevard. Possibility of City using Corporate Landing for fire station and/or public library sites. The Task Force suggests the following recommendations be implemented in order to demonstrate the Virginia Beach Development Authority's and the City's commitment to making Corporate Landing a successful and viable business location. 1. Building out Corporate Landing Parkway on an accelerated development schedule. By completing Corporate Landing Parkway, a connection would be made between General Booth Boulevard and Dam Neck Road which would encourage through traffic. This increase in traffic would create a higher level of visibility for Corporate Landing's available property and improve access to the Park. (Approximate Cost $2- MILLION). June 25, 1996 -7- C I T Y MAN AGE R 'S B R I E FIN G S CORPORATE LANDING TASK FORCE ITEM # 40922 (Continued) 2. Build out the entrance landscaping at the intersection of Corporate Landing Parkway and General Booth Boulevard and landscape the General Booth Boulevard frontage of the Park. In addition, an annual maintenance fund should be set aside to maintain the landscaping at this entrance and the existing entrance on Dam Neck Road. (Approximate Cost $250,000). 3. Evaluate the relocation of Lake #6 to create an additional storm management system which would accommodate R & D property and enhance property values and sales, 4. Modify zoning to provide for flexibility in location of use groups in the Office Park, ie, R & D and MDO. The VBDA should be given the management responsibility for maintaining the master plan and governing the locations of various issues within the overall park. To amend the proffers to add manufacturing, public buildings and grounds and heliports as permitted use within the R & D (Research and Development Office Warehouse District) and the MDO (Medium Density Office Use District). Heliports would not be permitted within 500 feet of residentially-zoned property. 5. Evaluate the potential for the creation of a second entrance off Dam Neck Road west of the existing entrance and located at the end of the existing Perimeter Parkway. Mr. Maxwell advised a report will be presented to City Council within the next sixty days regarding the debt structure of the Development Authority. June 25, 1996 i I -8- AGENDA REVIEW SESION 3:50 P.M. ITEM # 40923 Councilman Harrison referenced: J.2 Resolution to authorize the City Manager to develop an Agreement of Understanding with the Virginia Beach Development Authority to accomplish sale of the existing Social Services Building site by the City to the Authority; construction by the Authority of a new Social Services Building on that site; negotiation of a long-term lease/rental agreement; and, to present the completed Agreement to Council for review and consideration as soon as practical. Patricia Phillips, Director of Finance, advised her recommendation would be to work with Assistant City Attorney Gary Fentress to assure the long term lease agreement for the new Social Services facility is structured in such a way that should the reimbursement disappear, the rent and ownership would change. The lease agreement will never be less than the debt payment. ITEM # 40924 Councilman Baum expressed concern relative: KI Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, by bringing these sections into conformance with State Law: b.(4) 315 re disregarding signal to stop by police officers City Council will DEFER this INDEFINITEL Y. ITEM # 40925 Councilman Dean advised concern relative the escakzting cost of the Public Defender's Office: K4 Ordinance to TRANSFER $98,800 from the General Fund Reserve for Contingencies to the Public Defender's FY 1995- 1996 Operating Budget re increasing costs of Public Defender and Court-Appointed Attorney Services. Council Lady-Elect McClanan advised the majority of the cases entailed "drugs", The City Staff will respond to City Council's concerns during the Formal Session. ITEM # 40926 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: RESOLUTIONS/ORDINANCES J.l Resolution to elect contribution option re funding of Virginia Retirement System (VRS) cost-of-living adjustment (COLA); and, to encourage the development of a more rapid phase-in or funding method. June 25, 1996 -9- AGENDA REVIEW SESSION ITEM # 40926 (Continued) J.2 Resolution to authorize the City Manager to develop an Agreement of Understanding with the Virginia Beach Development Authority to accomplish sale of the existing Social Services Building site by the City to the Authority; construction by the Authority of a new Social Services Building on that site; negotiation of a long-term lease/rental agreement; and, to present the completed Agreement to Council for review and consideration as soon as practical. J.3 Resolution to direct the Director of Finance to make payment on lost Minibonds (General Obligation Public Improvement Minibonds, Series 1991B, May 29, 1996 Maturity): a. R0350 $1,500.00 Louise and Keith Whitehead. 1430 Caldwell Drive Hampton, Virginia b. R-0329 $1,000,00 Evelyn F. and John M.Shepherd, Jr., 218 Kings Grant Drive Yorktown, Virginia Kl Ordinances to AMEND and REORDAIN the Code of the City of Virginia Beach, by bringing these sections into conformance with State Law: a. 6-122 and 6-122.4 re additional penalty for reckless or intoxicated operation of a watercraft or motorboat bl 21-150 re flo.shing, blinking or alternating colored lights b2 21-151 re auxiliary lamps on fire fighting and other emergency vehicles b3 21-192 re maximum vehicle width b4* 21-315 re disregarding signal to stop by police officers b5 21-336 re driving under influence (DUI) c, 23-7 re resisting, obstructing, etc., City Officers K2 Ordinance to ACCEPT and APPROPRIATE $5,000 in additional Federal Substance Abuse Residential Purchase of Services (SARPOS) funds; and, to increase estimated Federal Revenue by $5,000 in the FY 1995-1996 Mental Health- Mental Retardation -Substance Abuse (MHMRSA) Operating Budget re temporary shelter of additional clients. K4 Ordinances re Hilltop Loop North - CIP Project #2-001, (Hannaford Bros.), (LYNNHAVEN BOROUGH): a. Establish Hilltop Loop CIP Project #2-001; and TRANSFER $470,000 from various CIP projects b. Authorize acquisition of permanent drainage easements either by agreement or condemnation, in conjunction with the construction of Republic Road; and, authorize the City Manager to execute a Development Agreement. June 25, 1996 - 10 - AGENDA REVIEW SESSION ITEM # 40926 (Continued) K5 Ordinance to TRANSFER $2,588 from the General Fund Reserve for Contingencies re reimbursement of the Water and Sewer Fund for the costs of Water and Sewer fees associated with the construction of the 1996 Charity House being built by The Ashcroft Company on Lot 1395, Section 23, of Red Mill Farm/South Shore Estates (2196 Bierce Drive) (PRINCESS ANNE BOROUGH). K6 Ordinance to accept an Offer of Dedication to the City of Virginia Beach of the property commonly referred to as the Ferry Farm House (Parcel B, Old Donation Farm); and, authorize the City Attorney to advise the owners of the City's acceptance of the offer in accordance with the terms specified (BAYS/DE BOROUGH). K 7 Ordinance to authorize Tax Refunds m the amount of $1,477.98. Item K b4 will be DEFERRED INDEFINITELY, BY CONSENT. June 25, 1996 -11- AGENDA REVIEW SESSION ITEM # 40927 Councilman Dean expressed concern: L2c Application of JAMES L. HARRELL, III and C. W. HARRELL and ASSOCIATES for a Conditional Use Permit for a gasoline service station in conjunction with a convenience store on the North side of Sandbridge Road, East of Entrada Drive (1756 Sandbridge Road), containing 40,075 square feet (PRINCESS ANNE BOROUGH). This item will be discussed during the FORMAL SESSION. ITEM # 40928 Councilman Dean inquired re the elevations and if the animal would be removed from the car after driving into the garage. L2f Applications of MARY KAREN C. and A. NEAL KELLUM at the Southwest corner of Bonney Road and Happy Street (105 Happy Street), containing 9.147 square feet more or less (KEMPSVILLE BOROUGH): (1) Change of Zoning District Classification from 0-1 Office District to R-7.5 Residential District (2) Conditional Use Permit for a crematorv for processing animals ITEM # 40929 Councilman Dean advised he was still of the opinion Landscape Services should be the agency included in Site Plan review when landscaping is involved. Planning does not deal with trees on a day-to-day basis. L2h Ordinances to AMEND the Code of the City of Virginia Beach: (5) Site Plan Ordinance: Sections 1, 4 and 5 by changing references to the Department or the Director of Public Works, or the City Engineer, to the Director of Planning or his designee. ITEM # 40930 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: L2a Petition of HANNAFORD BROS., CO. for the discontinuance. closure and abandonment of a portion of Republic Road (Bonney Parkway) beginning at a point 950 feet more or less West of First Colonial Road and running Westerly and Southerly to the Northern property line of Laskin Road. 60 feet in width (LYNNHAVEN BOROUGH). L2b Petition of HICKORY PROPERTIES, L.L.C. for the discontinuance. closure and abandonment of a portion of Old Donation Parkway (unimproved), beginning at the Southeastern terminus of Pembroke Boulevard and running in a Southeasterly direction along the boundaries of Lots 34 and 35, J.e. Hudgins Shores, containing 1.1021 acres (BAYS/DE BOROUGH). June 25, 1996 - 12 - AGENDA REVIEW SESSION ITEM # 40930 (Continued) LU Application of ACE OF KEMPSVILLE, INC. for a Conditional Use Permit for a motor vehicle rentals on the North side of Princess Anne Road, 200 feet more or less East of Overland Road (5168 Princess Anne Road), containing 1.35 acres (KEMPSVILLE BOROUGH). L2e Application of TABERNACLE BAPTIST CHURCH for a Conditional Use Permit for a church dormitorv (student living quarter$.) on the West side of Whitehurst Landing Road, North of Providence Road (757 Whitehurst Landing Road), containing 1.532 acres (KEMPSVILLE BOROUGH). L2f Applications of MARY KAREN C. and A. NEAL KELLUM at the Southwest corner of Bonney Road and Happy Street (105 Happy Street), containing 9,147 square feet more or less (KEMPSVILLE BOROUGH): (1) Change of Zoning District Classification from 0-1 Office District to R-7.5 Residential District (2) Conditional Use Permit for a crematorv for processing animals L2g Application of the VIRGINIA BEACH DEVELOPMENT AUTHORITY for a Modification of Conditions attached to rezonings granted on 13 June 1988, 14 August 1989, 9 November 1993 and 22 November 1994, on the South side of Dam Neck Road, West of General Booth Boulevard (Corporate Landing), to allow flexibility of uses within the R & D as well as in the MDO Districts, containing 337 acres (PRINCESS ANNE BOROUGH). L2h Ordinances to AMEND the Code of the City of Virginia Beach: (1) Chapter 2, Sections 2-267, 2-268, 2-273. 2-274, 2-275 and 2-382 re the composition and functions of the Permits and Inspections Division and the Weights and Measures Bureau under the Department of Public Works and modifying the functions of the Engineering Division; and ADDING Sections 2-386, 2-387 and 2-388 re the placement of the Permits and Inspections Division and the Weights and Measures Bureau under the Department of Planning. (2) Chapter 8, Sections 8-1, 8-2, 8-8, 8-27 and 8-72 by DELETING the term Special Police Officer; changing the term Person to Inspector; and, changing all references to the Department of Public Works to the Department of Planning. (3) Chapter 30, Sections 30-57, 30-60 and 30-74 by changing all references to the Department or the Director of Public Works to the Department or the Director of Planning. (4) Subdivision Ordinance: Sections 1.4, 4,2, 4.4, 5.5, 5.6, 6.1 and 7.6 by changing references to the Department or the Director of Public Works to the Department or the Director of Planning or his designee, or the City Engineer. (5) Site Plan Ordinance: Sections 1, 4 and 5 by changing references to the Department or the Director of Public Works, or the City Engineer, to the Director of Planning or his designee. June 25, 1996 - 13 - CONCERNS OF THE MA fOR 4:20 P.M. ITEM # 40931 Mayor Oberndorf advised August 2 and 3 or August 9 and 10, 1996 have been recommended as possible dates for the City Council Retreat at the PAVILION with Facilitator, Lyle Sumek. Mayor Oberndorf advised the Tenth was the Anniversary of her Father's death and she goes to the Synagogue in his memory. Council Lady Strayhorn advised she will be in New Orleans on August 9 and 10, 1996. Council Lady-Elect McClanan has tickets to the Olympics on August 2 and 3, 1996. BY CONSENSUS, the RETREAT shall be SCHEDULED for August 9 and 10, 1996. Mayor Oberndorf advised Lyle Sumek would like to SCHEDULE dates for interviews with Council re their individual issues (July 1 and 2 or July 8 and 9, 1996). BY CONSENSUS, the majority of interviews will be conducted on July 1 and 2 either in person or by telephone. ITEM # 40932 Mayor Oberndorf advised tomorrow, June 26,1996, the Advisory Board of the National League of Cities will be arriving for their meeting in the City of Virginia Beach. Dinner will be provided for the guests at the Marine Science Museum on Thursday evening, June 27, 1996, 6:00 to 8:00 P.M. Mayor Oberndorf personally invited all Members of City Council to share in the evening. ITEM # 40933 Mayor Oberndorf just returned from the US Conference of Mayors in Cleveland, Ohio. It is an amazing City. Mayor Oberndorf referenced the refurbishing of the area and their Rock 'N Roll Museum. They were excited regarding their new Science Museum. The business leaders of the City were financially and emotionally involved with the revitalization of Cleveland and have made some extraordinary contributions. June 25, 1996 I I - 14 - CITY COUNCIL CONCERNS ITEM # 40934 Council Lady Henley referenced the Memorandum from Ralph Smith, Director of Public Works, to the City Manager, relative the Aesthetics Consultant for the Southeastern Parkway has been selected. Two of the consultants suggested by Council Lady Henley were not selected. The City Manager advised the proposal selected can be made available to City Council. Review would confirm more than aesthetics was involved. ITEM # 40935 Council Lady Henley advised she understands from the meeting with the U.S. Fish and Wildlife, the Army Corps of Engineers and the City Staff re the Sandbridge project, the Corps does have a policy that as long as there are just improvements to an existing two-lane road. there would not have to be an alternative study performed. ITEM # 40936 Councilman Branch requested more information relative the responses to the Princess Anne Corridor RFI. The City Manager advised approximately seven responses received last week are being reviewed by the Lake Ridge Task Force and the Golf Course Committee. Councilman Harrison volunteered to participate on the Lake Ridge Task Force as Councilman Dean's term is expiring. Council Lady Henley advised the Lake Ridge Task Force has not met since March as another meeting would not be scheduled until the responses are received. ITEM # 40937 Council Lady Parker referenced correspondence from Michael Barrett relative signage leading to the Soccer Complex. Mr, Barrett requested sign age similar to the Amphitheater. Council Lady Parker inquired relative the possibility of coordination with the City signs. Council Lady Parker also inquired "who" would name the Soccer Complex. The City Manager advised a coordinated sign plan for directions to major recreational and outdoor facilities was one of the recommendations in the Outdoor Plan. The City Manager further advised any publicly owned property would have to be processed through the Parks and Recreation Department. ITEM # 40938 Council Lady Parker referenced the Mayors corre5pondence relative the Governor's request for local government recommendations for the recently enacted Hampton Roads Sports Facility Authority. Mayor Oberndorf advised the Mayors and Chairs Caucus received the correspondence from the Governor. The Mayors and Chairs already have in existence a Sports Authority appointed by all the local governments. There was not a great deal of enthusiasm to duplicate an Authority already in existence. The Mayors and Chairs did not think it appropriate to make a recommendation to the Governor without discussion and concurrence from their City Councils. The City Manager advised there was no state funding or staffing provided for the proposed Sports Authority. June 25, 1996 - 15 - ITEM # 40939 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 25, 1996, at 4:35 P.M. Council Members Present: John A. Baum, Linwood 0. Branch, III, Robert K Dean, William Jv. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Louisa M. Strayhorn and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None June 25, 1996 - 16 - ITEM # 40940 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2,1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MAITERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Wit: Appointments - Boards and Commissions: Hampton Roads Planning District Commission Social Services Board Tidewater Transportation District Commission Performance of Appointed Officials LEGAL MAITERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). To- Wit: Lake Gaston Water Supply Project Webb v. City of Virginia Beach PUBUCLY-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 2.1-344(A)(3). To- Wit: Ferry Farm Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert K Dean, William Tv. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III June 25, 1996 -17- FORMAL SESION VIRGINIA BEACH CITY COUNCIL June 25, 1996 6:00 PM. Mayor Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 25, 1996, at 6:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert K Dean, William w: Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: Harold Heischober INVOCATION: Reverend Larry Lenow Courthouse Community United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters on the agenda in which he has a ''personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Bank. The Vice Mayor regularly makes this Disclosure as he mayor may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 10, 1995, is hereby made a part of the record. June 25, 1996 - 18 - Item V-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 40941 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Robert K Dean, William w: Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 25, 1996 .tl1nlutinu CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 40940 Page No. 16 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive 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 Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. ~~ 4t-'4~ Ruth Hodges Smith, CMC/AAE City Clerk June 25, 1996 - 19 - Item V-F.1. MINUTES ITEM # 40942 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of June 11, 1996, and SPECIAL SESSION of June 19, 1996. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William w: Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 25, 1996 I I - 20- Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 40943 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION June 25, 1996 - 21 - Item V-G.1. INTRODUCTION ITEM # 40944 Mayor Oberndorf introduced the following Boy Scouts in attendance to earn the Citizenship and Community Merit Badge: TROOP 375 Sponsor: Old Donation Episcopal Church Ryan Gerber Justin Gerber Timmy Brickley June 25, 1996 - 22 - Item V-I.a. PRESENTATION ITEM # 40945 Michael J. Barrett, President - Hampton Roads Soccer Council, Inc. advised this was a celebration of partnerships especially the partnership which existed between the Hampton Roads Soccer and City Council. The Complex would not have occurred without the City 's generosity in the form of the 75 -acre site and agreement to build the road. Mr. Barrett also noted the partnerships between the Soccer Clubs. An assessment for capital improvements was put into effect in the registration fees: Virginia Beach Soccer Club, Beach FC, Atlantic Youth Soccer Club and the Southeastern Women 's Soccer Association. The Soccer Complex could not have been developed without the participation of these four clubs. This project has been an example of a successful public/private partnership. The Soccer Complex is approximately 75% complete. There will be nineteen (19) fields. The Hampton Roads Soccer Council received three grants indicative of the support of the Community at large. UNITED STATES SOCCER FEDERATION FOUNDATION Robert L. Beck, Executive Director Check # 8050 $75,000 FORD MOTOR COMPANY James Demartino, Product Manager - Ford Assembly Plant $ 7,500 BEACH FORD, BARTON FORD/LINCOLN MERCURY Thomas Barton - President $ 5,000 June 25, 1996 - 23 - Item V-l.b. PRESENTATION ITEM # 40946 Mayor Oberndorf PROCLAIMED: Sincere Expression of the deepest gratitude for service beyond the call of duty to: ROBERT K. DEAN Councilman Robert K Dean was elected by the citizens in May of 1992 to represent the Princess Anne Borough. Councilman Dean served this community tirelessly for these four years as a dedicated diligent public servant. His concern for the disabled community is evident, as he has chaired the Mayor's Committee for Persons with Disabilities and provided greater leadership to that group. Councilman Dean's community service includes being founder and Chairman of Clean the Bay Day, Chairman of the Earth Day Celebration and April Environmental Awareness Month. His dedicated service on City Council has provided the Council with his keen insight and commitment to fiscal responsibility, June 25, 1996 'rntlumuttnu WHEREAS: Robert K. Dean was elected by the yeoyle tn May of 1992 to ro/resent the Prlncess Anne Borough of vtrgtnta Beach on the vtrgtnta Beach ctty counctl; WHEREAS: Robert K. Dean served thts communtty ttrelessly for these four years as a dedtcated, dtltgent yubllc servant; WHEREAS: Robert Dean's communtty servtce tncludes bet~ founder and chatrman of clean the Bay Day, chaIrman of the Earth Day celebratton and Ayrll Envtronmental Awareness Month; WHEREAS: Hts concern for the dtsabled communtty ts evtdent as he has chatred the Mayor'S Commtttee for Persons wtth Dtsabtltttes and yrovtded great leadershty to that grouy; WHEREAS: Robert Dean's dedicated servtce on ctty counctl has yrovtded the counctl wtth hts keen tnstght and commttment to fiscal resyonstbtltty; WHEREAS: Robert Dean has set an eiamyle of dedtcatton, enthustasm and ttreless servtce for ctttzens of vtrglnla Beach. NOW, THEREFORE, I, Meyera E. oberndoif, Mayor of the CIty of vIrgInIa Beach, vIrgInIa, do hereby yrodalm on behalf of all ctttzens, a very stncere exyresslon of the deeyest gratttude for servtce beyond the call of duty to: ROBERT K. DEAN IN WITNESS WHEREOF, I have hereunto set my hand and caused the offtctal seal of the City of Virginia Beach, virginia, to be aJftXed thts Twenty-Fifth Day of June, Nineteen Hundred and NInety-siX. Meyera E. oberndoif Mayor I , - 24- Item V -J./K CONSENT AGENDA RESOLUTIONS/ORDINANCES ITEM # 40947 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED in ONE MOTION Resolutions 1, 2, 3 and Ordinances 1a.b.c., 2, 3 a.b., 5, 6 and 7 of the CONSENT AGENDA. Item K1.b(4) Section 21-315 re disregarding signal to stop by police officers was DEFERRED INDEFINITELY. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W; Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 25, 1996 - 25 - Item V-J.1. CONSENT AGENDA RESOLUTIONS/ORDINANCES ITEM # 40948 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Resolution to elect contribution option re funding of Virginia Retirement System (VRS) cost-of-living adjustment (COLA); and, to encourage the development of a more rapid phase-in or funding method. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William w: Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 25, 1996 1 2 A RESOLUTION TO ELECT CONTRIBUTION 3 OPTION FOR FUNDING OF VIRGINIA 4 RETIREMENT SYSTEM COST-OF-LIVING 5 ADJUSTMENT 6 WHEREAS, the Virginia General Assembly, the Governor, and 7 the Board of Trustees of the virginia Retirement System recognize 8 the growing liability of all employers participating in the 9 Virginia Retirement System as a result of the current practice of 10 funding annual cost-of-living increases to retirees on a pay-as- 11 you-go basis; 12 WHEREAS, the Governmental Account Standards Board has 13 issued an opinion requiring that governments begin to reflect this 14 liability in fiscal year 1997-1998; 15 WHEREAS, the Virginia General Assembly and the Governor 16 have provided, in the budget for the 1996-98 biennium, funds to 17 reach a level that would fully fund the cost-of-living increases 18 over a five year period beginning in fiscal year 1998 for state 19 employees and public school teachers; 20 WHEREAS, pursuant to their authority as set forth in 21 Section 51.1-145 of the Code of Virginia, the Board of Trustees of 22 the Virginia Retirement System has agreed to allow political 23 subdivisions the option of making contributions beginning in fiscal 24 year 1998 that would either (1) begin to fully fund the cost-of- 25 living increases for their employees immediately, or (2) reach a 26 level to fully fund the cost-of-living increases over a five year 27 period; and 28 WHEREAS, the Board of Trustees of the Virginia Retirement 29 System will permit localities to revise their choice of options 30 prior to July 1997 so as to make contributions more rapidly. 31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 32 OF VIRGINIA BEACH, VIRGINIA: 33 That City Council hereby elects to begin to contribute to 34 the Virginia Retirement system so as to reach a level to fully fund 35 the cost-of-living increases over a five year period beginning on 36 July 1, 1997. I I I I 37 BE IT FURTHER RESOLVED: 38 That the City Manager is hereby encouraged to examine, as 39 a part of the development and preparation of the FY 1997-1998 40 budget, opportunities for a more rapid phase-in or for immediate 41 funding of contributions considering overall budgeting needs and 42 revenues. 43 Adopted by the Council of the city of Virginia Beach, day of June , 1996. 44 Virginia, on the 25 45 CA-6356 46 ORDIN\NONCODE\VRS.RES 47 R-1 48 PREPARED: 06/18/96 APPROVED AS TO LEGAL SUFFICIEN. ;Y // 2 - 26- Item V-J.2. CONSENT AGENDA RESOLUTIONS/ORDINANCES ITEM # 40949 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Resolution to authorize the City Manager to develop an Agreement of Understanding with the Virginia Beach Development Authority to accomplish sale of the existing Social Services Building site by the City to the Authority; construction by the Authority of a new Social Services Building on that site; negotiation of a long-term lease/rental agreement; and, to present the completed Agreement to Council for review and consideration as soon as practical. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William w: Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 25, 1996 , I 1 A RESOLUTION DIRECTING THE CITY MANAGER 2 TO DEVELOP AN AGREEMENT OF UNDERSTANDING 3 WITH THE VIRGINIA BEACH DEVELOPMENT 4 AUTHORITY (HEREINAFTER THE "AUTHORITY") 5 TO ACCOMPLISH THE FOLLOWING: (1) SALE BY 6 THE CITY OF THE EXISTING SOCIAL SERVICES 7 BUILDING SITE TO THE AUTHORITY; (2) CON- 8 STRUCTION BY THE AUTHORITY OF A NEW 9 SOCIAL SERVICES BUILDING ON THAT SITE 10 ACCORDING TO DESIGNS AND SPECIFICATIONS 11 TO BE PROVIDED BY THE CITY; AND (3) NEGO- 12 TIATION OF THE TERMS OF A LONG-TERM LEASE 13 RENTAL AGREEMENT BETWEEN THE AUTHORITY, 14 AS LANDLORD, AND THE CITY, AS TENANT, FOR 15 THE NEWLY CONSTRUCTED FACILITY 16 WHEREAS, the existing Virginia Beach Social Services building is no 17 longer adequate in terms of size and physical condition; and 18 WHEREAS, in December 1995 City Council adopted a resolution 19 approving the construction of a new 75,000 square foot Class B Social Services 20 building on the site of the existing facility and authorizing City staff to enter 21 discussions with the Authority in an effort to determine the least costly and most 22 expeditious manner in which to complete design, construction, and financing of the 23 facility; and 24 WHEREAS, City staff has analyzed various options for financing and 25 construction of a new Social Services facility; and 26 WHEREAS, follo\lving such analysis, City staff recommends 27 construction and financing of a new Social Services facility by the Authority and 28 subsequent lease rental of that facility by the Authority, as landlord, to the City, as 29 tenant; 30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 31 CITY OF VIRGINIA BEACH, VIRGINIA: 32 That the City Manager is authorized and directed to negotiate the terms 33 of an "Agreement of Understanding" with the Virginia Beach Development Authority 34 which would accomplish the following: 35 1. Sale of the existing Social Services building site to the Authority at the current I I I 36 market value of $2,500,000. 37 2. Construction and financing by the Authority of a new Social Services building 38 on the site of the existing facility according to design and specifications to be 39 provided by the City. 40 3. Negotiation of the terms of a long-term lease rental agreement for the new 41 Social Services facility between the Authority, as landlord, and the City, as 42 tenant. 43 BE IT FURTHER RESOLVED, that upon completion of the negotiation 44 of the agreement described above, the City Manager is directed to present such to 45 City Council for its review and consideration as soon as practical. 46 Adopted by the Council of the City of Virginia Beach, Virginia on the 47 25 day of June ,1996. 48 F:\USERS\PLEJEUNE\LARRY\SSBLDG.RES F, N~~~_.____ LJt P /;R~r/\,\ :;r,IT '..----...-...,.- APPROVED AS TO LEGAL SUFFICIENCY " I~ r~ q I, " I 1 '. . It'''".:LJ'__,P> City at Virgi~ia Beach OfFICE Of THE CITY MANAGER (604) 427.4242 FAX (604) 427.4135 June 7, 1996 MUNICIPAl CENTER VIRGINIA BEACH. VIRGINIA 23-456-9001 The Honorable Mayor Members of City Council Dear Council Members: Attached is a policy report regarding the financing of the proposed Social Services building, in response to direction Council gave last December. The document recommends that the building be constructed and owned by the Virginia Beach Development Authority, which would then lease the facility to the city. As indicated, this option results in the lowest present value cost to the city. A briefing on this proposal will be presented on June 11, 1996, so that Council may provide feedback and direction. Sincerely, ~~e ~anager F :\USERSlPLEJ EUN E\CC.C!\.I\SSPOLICY.RP Policy Report SOCIAL SERVICES BUILDING May 1996 BACKGROUND In December 1995, City Council adopted a resolution approving the construction of a 75,000 square foot class B offi,ce space Social Services building, to be constructed on the site of the existing Social Services and Health Department facility. Council authorized city staff to begin to design and prepare a financing plan for the new facility, with the caveat that the financing plan enables the city to either own the facility outright or be able to purchase the facility for a set or nominal fee at the end of any lease term. Finally, Council's resolution authorized city staff to work with the Virginia Beach Development Authority (VBDA) to determine the least costly and most expeditious manner to complete design, construction, and financing of the proposed facility. CONSIDERA TIONS Procurement Process: The Virginia Public Procurement Act must be followed for all municipal construction for municipal uses, even if constructed and owned by the Virginia Beach Development Authority. Desiqn, Contract. and Construction: City staff retained the firm of KLEMT + Associates, P.C. to design the new Social Services building, meeting legal procurement requirements. This design phase and the preparation of bid specifications is to be completed June 30, 1996. Assuming Council's approval of the financing technique in June 1996, the advertisement, bidding, and negotiation phase could be completed by October 1, 1996. It is anticipated the construction phase would then start October 1, 1996 and be completed by fall 1997. I I Policy Report Social Services Building page 2 Reimbursement: Unique reimbursement formulas for certain Social Services costs will have a bearing on the manner in which the proposed facility would be financed. Basically, the city will receive a greater reimbursement for Social Services' building costs if the city leases/rents rather than owns the facility. For example, if the city owns the Social Services facility, it is currently eligible for a 27.8% reimbursement of interest paid plus annual depreciation costs equal to 3% of the building-and not land-value only (i.e., the building must be depreciated over a 33 year period and no depreciation of land value is allowed.) If, on the other hand, the city does not own but leases the facility, the full annual lease amount would be subject to the 27.8% reimbursement rate. Because the expected annual lease payment would be greater than the sum of the annual depreciation amount plus related interest financing cost, a leasing of the facility rather than outright ownership would result in a greater cost reimbursement. It is also important to note that the welfare system has been the subject of much discussion, including the debate of how reimbursements may be structured in the future. For the foreseeable future, the reimbursement rules are expected to remain unchanged. However, for the long-term nothing is certain. FinancinQ: To date Council has appropriated $663,780 from Fund Balance and the operating budget. The remainder is to be financed through some form of debt. Four basic options have been explored for the financing of this project: 1. General Obligation bonds. 2. Lease-Revenue debt. 3. Lease from the Virginia Beach Development Authority, which obtains permanent financing. . 4. Developer financing. Operations and Maintenance (O&M) O&M costs have been estimated at $270,000 per year. Because the effect and, therefore, treatment of these costs will remain constant regardless of the option selected, they have not been included in the following analyses. Policy Report Social Services Building page 3 Debt Policies: City Council has established ceilings for basic debt indicators, including debt per capita. The issuance of debt by either the city or VeDA for this project would each have the same impact on the city's debt ratios. Summary of Proiect Costs: The project is expected to cost $7,097,137, as follows: .................... ..................... ................... "0 ........... .. :fJ:~~f:gm:::::::::::: r}::::::?i::':: GonstfocUbd?J::? Total $7.097,137 r,rH:;X:$>>.~.........., '. .... '." . <<;........:;..,-::,,:::::x.-.::.::......>>x~~::;;..s.x.:.::~*.;~:.. ",' .. Option A City issues its G.O. bonds to build the facility. City owns the facility. In this option, the city would issue its twenty-year term general obligation bonds to fund the projected building cost. Because the city would own the facility, only a portion (currently 27.8%) of the annual depreciation cost plus interest expense would be eligible for reimbursement. Present Social Services regulations require that an owned facility be depreciated on a straight-line basis over a thirty-three (33) year period. As the accompanying schedule indicates, the discounted (@6%) present value of this option's net cost to the city is $5,377,303 at the end of the twenty year financing period and $5,212,204 at the end of the thirty-three year depreciation period. While this may not be the lowest discounted net cost option, it does have the advantage of the city having absolute ownership of the facility. In addition, if federal social services formula reimbursement rates are reduced or a block grant program will be implemented instead, this option would prove to be the least expensive. For the immediate future, however, the reimbursement rates and rules are not expected to change. Daae OPTION A CIn OF VIRGINIA BEACII FINANCING OF SOCIAL SERVICES BUILDING USING CHARTER (GO) BONDS (Crn OWNS FACIU1Y) Annual LESS FORMULA REIMBURSEMENT Net Present Val\le Year Debt Building Interut Toul Cod of Net Service Cost Expense on Reimbursement · To City Cost to City Debt (D~counted @ 6%) 0 $ 663,780.00 $ 0.00.$ 0.00 $ 0.00 $ 663,780.00 $ 663,780.00 1 537,447.88 59,812.12 97,980.51 157,792.63 379,655.25 358,165.33 2 539,617.50 59,812.12 91,633.67 151,445.79 388,171.72 345,471.44 3 54],007.50 59,812.12 89,240.09 149,052.21 391,955.30 329,093.22 4 536,547.50 59,812.12 86,609.93 146,422.05 390,125.45 309,0]5.90 5 536,422.50 59,812.12 83,795.46 ]43,607.58 392,8]4.93 293,534. ]6 6 540,612.50 59,812.12 80,790.28 140,602.40 400,010.11 281,991.34 7 538,862.50 59,812.12 71,523.78 137,335.90 401,526.61 267,038.12 8 541,382.50 59,812.12 74,054.34 133,866.46 407,516.05 255,680.61 9 537,907.50 59,812.12 70,308.29 130,120.41 407,787.10 241,368.55 10 538,657.50 59,812.12 66,346.79 126,158.91 412,498.60 230,337.06 11 538,357.50 59,812.12 62,093.39 121,905.51 416,452.00 219,381.72 12 536,971.50 59,812.12 57,539.75 117,351.87 419,625.64 208,541.08 13 539,487.50 59,812.12 52,6Tl.53 112,489.65 426,997.86 WO,193.26 14 540,587.50 59,812.12 47,423.33 107,235.45 433,352.06 191,672.03 15 540,422.50 59,812.12 41,817.46 101,629.58 438,792.93 183,092.96 16 538,972.50 59,812.12 35,&54.36 95,666.48 443,306.03 174,505.71 17 536,217.50 59,812.12 29,528.47 89,340.59 446,876.92 165,954.19 18 537,137.50 59,812.12 22,834.23 82,646.35 454,491.16 159,228.15 19 536,430.00 59,812.12 15,687.54 75,499.66 460,930.34 152,343.47 20 539,070.00 59,812.12 8,081.46 67,893.58 471,176.42 146,915.03 SuhTotals $ 11,435,905.38 $ 1,196,242.40 $ 1,191,820.58 $ 2,388,062.98 $ 9,047,842.40 $ 5,377,303.41 21 0.00 59,812.12 0.00 59,812.12 (59,8]2.12) (17,594.06) 22 0.00 59,812.12 0.00 59,8]2.12 (59,812.12) (16,598.17) 23 0.00 59,812.12 0.00 59,812.12 (59,812.12) (15,658.65) 24 0.00 59,812.12 0.00 59,812.12 (59,812.12) (14,772.31) 25 0.00 59,812.12 0.00 59,812.12 (59,812.12) (13,936.14) 26 0.00 59,812.12 0.00 59,812.12 (59,812.12) (13,147.30) 27 0.00 59,812.12 0.00 59,812.12 (59,812.12) (12,403.12) 28 0.00 59,812.12 0.00 59,812.12 (59,812.12) (11,701.05) 29 0.00 59,812.12 0.00. 59,812.12 (59,812.12) (11,038.73) 30 0.00 59,812.12 0.00 59,812.12 (59,812.12) (10,413.90) 31 0.00 59,812.12 0.00 59,812.12 (59,812.12) (9,824.43) 32 0.00 59,812.12 0.00 59,812.12 (59,812.12) (9,268.33) 33 0.00 59,812.12 0.00 59,8]2.12 (59,812.12) (8,743.71) Totals $ 11,435,905.38 $ 1,973,799.96 $ 1,19],820.58 $ 3,165,620.54 $ 8,270,284.84 $ 5,212,203.52 Level Principal Payments Average Life 10.547 Years True Interest Cost (fIC) 5.464] 100% · $7,100,000 building cost x 1/33 depreciation rate oVer thirty-three years x 27.8% formula reimbursement rate for Social Services costs == $59,812.12 annual reimbursement amount and 27.8% x the interest expense on debt. 4 , I Policy Report Social Services Building page 5 Option B City issues a form of lease supported appropriation-based debt to build the facility. City owns the facility. In this option, rather than issue G.O. debt, the city would utilize a twenty year term appropriation-based financing to fund the building cost. Again, because the city would own the facility, only a portion (currently 27.8%) of the annual depreciation cost plus interest expense would be eligible for reimbursement. As indicated in the discussion regarding Option A, present Social Services regulations require that an owned facility be depreciated on a straight-line basis over a thirty-three (33) year period. As the accompanying schedule indicates, the discounted (@ 6%) present value of this option's net cost to the city is $5,471,207 at the end of the twenty year financing period and $5,306,107 at the end of the thirty-three year depreciation period. While this may be the highest discounted net cost option, it does have the advantages of the use of appropriation-based rather than G.O. debt and the city having absolute ownership of the facility. I I Daae 6 OPTION B CIlY OF VI RGINlA BEACII FINANCING 01: SOCIAL SERVICES BUIWING ONLY (NOT LAND) USING LEASE REVENUE DEBT ISSUED BY CIlY Annual LESS I:ORMULA REIMBURSEMENT Net Pre,ent Value Yur Debt Building Interest Total Cost of Net Service Cost Expense on Reimhursement · To City Co,t to City Debt (Discounted @ 6%) 0 $ 663,780.00 $ 0.00 $ 0.00 $ 0.00 $ 663,780.00 $ 663,780.00 1 551,297.10 59,812.12 99,050.59 158,862.71 392.434.39 370,221.12 2 550,552.50 59,812.12 96,063.60 155,875.72 394,676.79 351,260.93 3 551,635.00 59,812.12 93,584.53 153,396.65 398,238.35 334,368.60 4 546,852.50 59,812.12 90,865.00 150,677.12 396,175.39 313,808.01 5 551,402.50 59,812.12 87,959.90 147,772.02 403,630.49 301,616.18 6 550,005.00 59,812.12 84,791.39 144,603.51 405,401.49 285,792.05 7 547,877.50 59,812.12 81,419.95 141,232.07 406,645.44 270,442.44 8 550,000.00 59,812.12 77,840.00 137,652.12 412,347.88 258,712.16 9 551,095.00 59,812.12 73,974.41 133,786.53 417,308.47 247,004.24 10 551,132.50 59,812.12 69,814.84 129,626.96 421,505.55 235,366.49 11 550,082.50 59,812.12 65,352.94 125,165.06 424,917.45 223,841.21 12 547,915.00 59,812.12 60,580.37 120,392.49 427,522.51 212,465.59 13 549,600.00 59,812.12 55,488.80 115,300.92 434,299.08 203,616.36 14 549,825.00 59,812.12 49,991.35 109,803.47 440,021.53 194,621.95 15 548,735.00 59,812.12 44,128.33 103,940.45 444,794.55 185,597.22 16 551,310.00 59,812.12 37,894.18 97,706.30 453,603.70 178,559.41 17 547,240.00 59,812.12 31,202.72 91,014.84 456,225.16 169,425.79 18 551,792.50 59,812.12 24,128.32 83,940.44 467,852.07 163,909.07 19 549,590.00 59,812.12 16,566.02 76,378.14 473,211.86 156,402.68 20 550,680.00 59,812.12 8,529.04 68,341.16 482,338.84 150,395.53 Sub T otaI.. $ 11,662,399.60 $ 1,196,242.40 $ 1,249,226.25 $ 2,445,468.65 $ 9,216,930.95 $ 5,471,207.03 21 0.00 59,812.12 0.00 59,812.12 (59,812.12) (17,594.06) 22 0.00 59,812.12 0.00 59,812.12 (59,812.12) (16,598.17) 23 0.00 59,812.12 0.00 59,812.12 (59,812.12) (15,658.65) 24 0.00 59,812.12 0.00 59,812.12 (59,812.12) (14,772.31) 25 0.00 59,812.12 0.00 59,812.12 (59,812.12) (13,936.14) 26 0.00 59,812.12 0.00 59,812.12 (59,812.12) (13,147.30) 27 0.00 59,812.12 0.00 59,812.12 (59,812.12) (12,403.12) 28 0.00 59,812.12 0.00 59,812.12 (59,812.12) (11,701.05) 29 0.00 59,812.12 0.00 59,812.12 (59,812.12) (11,038.73) 30 0.00 59,812.12 0.00 59,812.12 (59,812.12) (10,413.90) 31 0.00 59,812.12 0.00 59,812.12 (59,812.12) (9,824.43) 32 0.00 59,812.12 0.00 59,812.12 (59,812.12) (9,268.33) 33 0.00 59,812.12 0.00 59,812.12 (59,812.12) (8,743.71) Total. $ 11,662,399.60 $ 1,973,799.96 $ 1,249,226.25 $ 3,223,026.21 $ 8,439,373.39 $ 5,306,107.14 Level Debt Service Payments Average Life 12.359 Years True Interest Cost (fIC) 5.8981698% · $7,100,000 huilding cost x 1/3'3 depreciation mlc over thirty-three years x 27.8% fOffilUla reimbursement rate for Social Services costs '= $59,8]2.12 Annual reimbursement amount and 27.8% x the interest expen.e on debt. Policy Report Social Services Building page 7 Option C City sells existing site to VeDA for $2,500,000 (current market value). VSDA obtains financing covering cost of land and $7,100,000 building construction cost. City leases, with an appropriation clause, new facility from VSDA, with lease payments equal to current market lease rates. Creditors are secured by city's lease and a security interest in the property. While this option carries the highest projected debt service, it has the lowest discounted present value of net cost to the city at $3,797,844 after the end of the twenty year financing term and $3,049,663 at the end of the thirty-three year period (for comparison purposes with Options A and B). This occurs because this option allows the city to receive the greatest federal formula reimbursement through the state. The city's reimbursement is enhanced by leasing the facility from VBDA at current market lease rates, which is the maximum amount allowable for inclusion in the formula reimbursement. The difference between the lease payment ($975,000) and the annual debt service (approximately $820,000) can be utilized to establish a fund for future renovation/refurbishment. While renovation/refurbishment expenses will be incurred regardless of the financing option selected, their treatment in this manner on this option will enable the city to immediately receive the full 27.8% reimbursement on these costs. As previously indicated, the entire lease payments for the leased facility should be subject to the formula reimbursement rate (currently 27.8%). On the other hand, if a facility is owned by the city as in Options A and 8, only interest finance costs plus 3% of the building's value (not including the land value which cannot be depreciated) is subject to the formula reimbursement each year (an owned facility must be depreciated on a straight-line basis over a 33 year period). A recent state Attorney General opinion (copy attached) allowed Washington County, VA to lease a social services facility from its development authority and still receive formula reimbursement through the state for the lease payments. Virginia Beach staff has received verification from the state Department of Social Services that this opportunity would apply to Virginia Beach as well (copy attached). This option would result in VBDA rather than the city owning the facility. However, the mission of VBOA is to further the city's economic interests, and this proposal is consistent therewith. The precedent for this type of relationship between the city and VBDA has been established with the amphitheater project. At the end of the original twenty-year lease term, City Council can decide if it wishes to continue to lease the facility from VBDA. Should Council elect to continue the lease arrangement, both the city and VBDA could benefit. VBOA's benefit would be the continuation of lease revenues after debt service payments on the original construction have ended. These revenues could be used by the Authority to pursue the city's economic development goals. At the same time, these continued lease payments could serve to supplant or offset whatever other funds the City Council at that time might be appropriating to VBOA for economic development purposes. Viewed in this manner, the city could continue to utilize the Social Services facility beyond Policy Report Social Services Building page 8 the original lease term and pay VBDA for that right with funds which might have been appropriated to the Authority for economic development purposes anyway. Perhaps most importantly, this could be accomplished while still receiving a federal formula reimbursement through the state based on the continuing lease payment amounts. As the Option C schedule indicates, the city benefits greatly if it continues to receive the formula reimbursement beyond the financing term while making the lease payments with funds which would likely be appropriated to VeDA for economic development purposes anyway. It is also important to note that, at closing, the city would receive $2.5 million from the sale of land to VBDA, as well as the reimbursement of $663,780 the city has appropriated from general fund balance and the operating budget for this project. These funds could then be restricted for use to offset the required lease payments under this option. page OmaN C cm Of: VllolGINlA BEACII FINANCfNG OF SOCIAL SEIolVICES BUILDINL~ PLUS LAND USING LEASE REVENUE DEBT ISSUED BY VBDA (CnY"SELLS" LAND TO VBDA and LEASES FACILITY FROM VBDA) Annual Less: Nct Present Value Year Dcbt Formula Cost of Net Service Reimhurscmcnt' To City Co,t to City (Discounted @ 6%) 0 $ 0.00 $ 0.00 $ (2,500,000.00) $ (2,500,000.00) # 1 821,300.92 271,050.00 550,250.92 519,104.64 2 820,310.00 271,050.00 549,260.00 488,839.44 3 822,042.50 271,050.00 550,992.50 462,623.93 4 817,482.50 271,050.00 546,432.50 432,825.72 5 821,807.50 271,050.00 550,757.50 411,558.04 6 819,832.50 271,050.00 548,782.50 386,870.01 7 821,765.00 271,050.00 550,715.00 366,256.93 8 817,322.50 271,050.00 546,272.50 342,738.12 9 821,722.50 271,050.00 550,672.50 325,942.21 10 819,410.00 271,050.00 548,360.00 306,201.36 11 820,602.50 271,050.00 549,552.50 289,497.40 12 819,987.50 271,050.00 548,937.50 272,805.12 13 817,515.00 271,050.00 546,465.00 256,204.12 14 818,135.00 271,050.00 547,085.00 241,976.22 15 821,785.00 271,050.00 550,735.00 229,802.47 16 818,147.50 271,050.00 547,097.50 215,362.90 17 822,477.50 271,050.00 551,427.50 204,780.55 18 819,160.00 271,050.00 548,110.00 192,026.94 19 818,795.00 271,050.00 547,745.00 181,036.85 20 820,725.00 271,050.00 549,675.00 171,391.'2h Su1-lotal. $ 16,400,325.92 $ 5,421,000.00 $ 8,479,325.92 $ 3,797,844.24 21 a 0.00 271,050.00 (271,050.00) (79,730.82) 22 0.00 271,050.00 (271,050.00) (75,217.76) 23 0.00 271,050.00 (271,050.00) (70,960.15) 24 0.00 271,050.00 (271,050.00) (66,943.54) 25 0.00 271,050.00 (271,050.00) (63,154.28) 26 0.00 271,050.00 (271,050.00) (59,579.51) 27 0.00 271,050.00 (271,050.00) (56,207.08) 28 0.00 271,050.00 (271,050.00) (53,025.55) 29 0.00 271,050.00 (271,050.00) (50,024.10) 30 0.00 271,050.00 (271,050.00) (47,192.55) 31 0.00 271,050.00 (271,050.00) (44,521.27) 32 0.00 271,050.00 (271,050.00) (42,001.20) 33 0.00 271,050.00 (271,050.00) (39,623.78) Totals $ 16,400,325.92 $ 8,944,650.00 $ 4,955,675.92 $ 3,049,662.65 Levcl Dcbt Scrvice Paymcnts Average Life 12.352 Years True Interest Cost (TIC) 5.8979004% . $975,000 lease payments x 27.8% formula reimbursement rate. # Proceeds from sale of site to VBDA. a Assumes rent would be paid \0 VBDA in yeal1l after year 20; not shown in analysis. 9 Policy Report Social Services Building page 10 Option D Developer Financing Once the design is complete, the city could bid the design out for a developer to both build and finance the facility. The land could be leased (or sold) to the private entity, with the city then leasing back the land and building. Under this option, the private entity would own the building and obtain its own financing to be secured by a long-term lease agreement with the city. The lease payments by the city would be eligible for the previously mentioned formula reimbursement. However, the disadvantages include: (1) underlying financing would be at taxable rates; (2) the private entity, rather than the city, would own the facility at the end of the lease-term*; and (3) the city's lease would likely include inflationary increases. Because taxable interest rates for this option would be 250-300 basis points greater than the true interest cost under Option C and a private entity rather than the city would own the facility, staff does not recommend this option and no cost analysis has been prepared. * Should the city insist on a buy-out provision at the end of the lease-term, the lease becomes a financing mechanism (Le., a lease-purchase as opposed to a lease rental), with the related negative reimbursement implications previously discussed. OPTIONS SUMMARY ......... . "... ................. .... ........... ,",'.' ...,...... ....................... .... .:.;.:.;......:....' .... . :: :j:)~~~~~~j::~: ::: ::~:: :;::-. :'~:: :~~r~~ ~ ~~~~: ~ ..:......;:.....:-:.:-:....:;.....-:. ".:.,"<:;..::-::;:::::::.::::::::::::";":-:'::::: :.:....:::::::::...:::.::;:::.:::.:::;:::::.:. Options n. A B C .....-....... ... . ...... ................ ........ ..,....'.. .......... ..... ....:::.:::::::....H .....:8~D~(~ :::il:"lir*~~I!!lji:tf~;8b~f G. O. bonds City Lease Revenue City Lease Revenue VBDA ..JIIBllllllfrllllll1 iAfter''Z(})(rs;:::.:Afte($$HY(Sk' $5,377,303 5,471,207 3,797,844 $5,212,204 ~,306,1 07 3,049,663 S;:*<<::.:::~:::::::~:::~::.::~~::::~:~':;:::::::z~::::::::;;::::::.~~.::i~:;;::t:::::::~.:':';'::::.::::'~:..::;:;::;:;:::::.::;.::.:;.:;:::.:.:.:::::;::;;:::::':::::-::::::::X::;:;:::::::;:::::~::::~::$:;z:S:S~:;:~:::::::;:::s:::::S*~::::~:';::S:~'::.$:::~~-:S::X::*';':.....;...... ......... ..... RECOMMENDATION As the summary table above indicates, Option C has the lowest discounted net cost to the city. While V8DA rather than the city would own the property, the property nevertheless remains within the Virginia Beach "family" so to speak, and City Council should always I, I Policy Report Social Services Building page 11 have a say in its use and disposition. To that extent, staff believes Option C comports with Council's goals as expressed in the aforementioned December 1995 resolution and, based on all factors considered, recommends this option as the preferred means of financing the new Social Services building. Should City Council agree, the necessary items will be prepared for the City Council's June 25, 1996 agenda: Resolution directing the City Manager to request V8DA to work with the city as necessary in all aspects to include (1) purchase of the site by VBOA; (2) negotiation of a lease agreement, between VSOA and the city; (3) action by VBDA to seek appropriate financing for this facility and (4) initiation of plans by VBOA for managing the project. The City Manager would prepare the necessary documents and return to City Council as soon as practical. Submitted by: Approved by: 9~cJ. a~^. (.-,,~(. Patricia A Phillips Date Director of Finance [b;J /JJ~ t-I-q/ David M. Grochmal Date Director of General Services -b~b Date F IUSERS\PlEJEUNE\FORMS\SOCSERV PR ~ I":1AR- 28-1 ggb 10: 03 VA. BEACH DSS i=j{Jr'l! r I 0# . -OCT 18 .~ 00143 RTT<J<<:V ~ (t) ........ .. CI1~ 'It ........... COMMONWBALTH of VlRGINI otJb fl/ eN AIttn.c ~ Rfcl.,~ DllP September 8, 1994 Me. Cerol A. BruntY, Aoting CommlssioMr Oepertment of Social Services 'rheater ftow BuDding 730 !8st Stolid Street Richmond. Virginia 23219 Deaf M.. Brunty: i I J ;;04 tl31 3<130 P. 02 P.2,fJ .......... .... ..- ... ....... po- l~'" .. . ,...Irrt Attorney Genlral J1m Gilmore hu Isked me to fetpond an II behalf to your 'ec.nt correspondenct regarding the Washington CountY Otpa *1\1 of Soola, Sarvies, (Washington County ass, leasinG offlc8 spece trom tile W Ihln$ton CO\lnty InoUStrial Oovu&opma"t Authollty CWMhington CountY IDA). Vou..k yvhlther the WlShi"'~ton Coynty lOA hat (he authority (0 buf1d a bUilding. w the~ 21 10e.., for officf! sP8ce between the Washington CountY DSS end the WuN on ~~ty IDA It prohibited, and if not, whether the VIrginia Deportmlnt of Social IrviFGI Mrgintl OSSl may participate in the reimbursement 10 the WashingtOn unty\ DSS for lu COlts under such teaae. You attached releted correspondeN'AI .nd dO,mtmtatlon. Your first twO questIons 8r~ tocII leQal II~es. Whteh ap .r tq have been answered by tho June 21. 1994 momorandum you ,""chad. und,rat8(ld thla memof'Andum wa8 propar'd by the law firm of POM Stu~lrt. wh h 'e~'.nt. the W3Shl"gton CountY lOA. The coneluelon reached in that memo dUf(1 is that the washington CountY IDA it .aperot_ from the WaShingtOn County ve,,,ment and it 4 dIstinct r.gal entity empowered to bulkS end 'oole office apace n*,eall that spae. to the W..hitlQton County 055. The ron-ustnlng question 1$ wheth.r the Virginia DSS MIV reI r Washington Count'{ OSS fOt , portion of the coata of Ita IelSe agr..mont the ashfngtan County lOA. A portion of casu of a teue for off~ lpaga for a ~partmllrn af loci.. urvieas as a re(mburaablo ~mlnlltf8tfve expense paid by t Vlr,'nl8 DSS to loeal departmenU of IoCIat ~rvlca. So long III 1t\e terms 01 ...... end the fecUitlQ tne8t the requltemanu of th. VIrgInia O$S' reguletlorus g .rnlf1g the office SpaCR of toeal dltpartrnent3 of woclal .ervlcea, thare is 1\0 leg.' pC' ltl plBCludlno . MA~-28-1996 10:04 VA. BEACH DSS ADM I N 804 431 3430 P.03 OCT 19 .,. C!J8:~4 ATlCA"€:'l' ~ P.3/,) Ms. Carol A. Brunty September <<S. 1994 Pegt 2 tnA Virginia DSS from IQlmburslng Itt usual share of tn. COlli of thIS lee.. .. reImbursable admfnl$lratlve cattl. I hope tt1l1lnfortMtlon ia helpful, y~ ~))r. Robart 8. Cousins, Jr. Senior Assistant Anornlv Genera' cc: John P. JOMS. L0e81 Pro9f8m Operations .w......~(y.. f:1t\1?W TOTAL P.et3 M~Y-3i-l~~b lb:l~ '- H. tX:'M,,-h U~21 H.i.)i'l t:~ O~~ 4~f ~~JU r.D~ tl'lE.ATER AOw AUltOlNG 7'30 EAST 6AOAO STREET I\ICHlwIONO. Vl.-aINfA iU", 1"" (804' 6'02.' 0.. FOR HE.\"~(i IMPAIReD VOICEfTOO: ,.tOO-US.' ,zo Qt) COMMONWEALTH of VIRGINIA DEPARTMENT OF SOCIAL SERVICES May 31. 1996 Clarence H. CAnet CommissiQner Mr. lame! K. Spore, City Manager City Hall Building Room 234 Municipal Center Virginia Beach, Vu-ginia 23456 Dear Mr. Spore: I am responding to your recent correspondence regarding the Virginia Beach Depanment ofSociaJ Services (VBDSS) leasing office space from the Vuginia Beach Development Authority (VBDA). Lease payments paid pursuant to the lease agreement would qualifY for reimbursement from the Vuginia Department of Social Services. The proposed lease for office space is considered an allmw.ble reimbursable administrative expense by the Virginia Department of Social S~ceJ. If you haw any additional concerns/questions, please feel free to contact Bonita M. Turner, Acting Controller. at (804) 692 - 1302. I wish you good luck in s~ a new office facility. Sincerely, {lf~~ Clarence H. Carter Commissioner CHC:ch V55ft ~ IW'f(.ItO'U An Equal Opporrunity Agency ";' ., TOTAL P.02 - 27- Item V -J.3. CONSENT AGENDA RESOLUTIONS/ORDINANCES ITEM # 40950 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Resolution to direct the Director of Finance to make payment on lost Minibonds (General Obligation Public Improvement Minibonds, Series 1991B, May 29, 1996 Maturity): R-0350 $1,500.00 Louise and Keith Whitehead, 1430 Caldwell Drive Hampton, Virginia R-0329 $1,000.00 Evelyn F. and John M. Shepherd, Jr., 218 Kings Grant Drive Yorktown, Virginia Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William 'W: Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 25, 1996 1 A RESOLUTION TO AUTHORIZE 2 PAYMENT OF LOST MINIBONDS 3 WHEREAS, the General Obligation Public Improvement Bonds, 4 Series of 1991B, 1996 maturity (capital Appreciation Minibonds), 5 hereinafter "Minibonds," were issued in Registered form and were 6 not transferable or assignable pursuant to the authorizing 7 Resolution adopted by City council on April 4, 1991, and the stated 8 terms on the Bonds; 9 WHEREAS, those Minibonds were all issued in denominations 10 of $500 or more and bearing 5.7% annual rate of interest, dated May 11 29, 1991, and maturing May 29, 1996; 12 WHEREAS, Louise Whitehead and Keith Whitehead of 1430 13 Caldwell Drive, Hampton, Virginia 23666, have affirmed that they 14 are the sole legal and beneficial owners of certain Minibonds, 15 numbered R-0350 and valued at $1,500.00; 16 WHEREAS, John M. Shepherd, Jr., and Evelyn F. Shepherd of 17 218 Kings Grant Drive, Yorktown, Virginia 23692, have affirmed that 18 they are the sold legal and beneficial owners of certain Minibonds, 19 numbered R-0329 and valued at $1,000.00; 20 WHEREAS, the owners of each of these Minibonds have also 21 affirmed that the said securities have been lost or misplaced; 22 WHEREAS, each of these owners have complied with all 23 legal provisions to effect replacement of said security by 24 providing appropriate affidavits; and, 25 WHEREAS, John T. Atkinson, city Treasurer, has determined 26 that because of the non-transferable nature of the Minibonds, no 27 indemnities shall be required. 28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 That the Department of Finance, the Registrar on said 31 Minibonds, is directed to pay to each of said owners the value of 32 their respective Minibonds, Principal and Interest accrued, on the 33 date of maturity without the necessity of replacing the lost or 34 misplaced Minibond. 35 Adopted by the Council of the City of Virginia Beach, 36 Virginia, on the 25 day of June. , 1996. 37 CA-6339 38 ORDIN\NONCODE\6339.RES 39 R-1 40 PREPARED: 06/17/96 APPROVED AS TO CONTENT 8t'tld' fJJ -~ Finance Department APPROVED AS TO LEGAL SUFFICIENCY ~~~ Department of La 2 , I I ---=.., AFFIDAVIT OF LOSS STATE OF VIRGINIA ) )55. ) CITY/COUNTY OF Virginia Beach The undersigned (hereinafter called .Deponent"), being duly sworn, deposes and says that: (1) Deponent is an adult whose mailing address is ~ / 8 l)(tJ G-s G1TtftJ-t D/?j'/ E l}J/9 K 1JJL'; ,-..:J , '{ 4. ~ 3 lr 9 ~ and is the owner of or is acting in a representative or fiduciary capacity with respect to certain securities (describe type of security, identification number, and number of shares or face value): 1991 B General Obligation Public Improvement Minibonds, Numbers(s) R - 3;( 9 y' /h-~~D JiT Icec,- ) issued by City of Virginia Beach, Virginia (hereinafter called the "Issuing Corporation") and registered in the name of: :]-(, TtN }'~), -S H-e r t+t {? 0 ( :J;,-<. ~ F=V t= L j N ( --1" C:), I t} t+t" " I) i yrr' '\-, '_' l, 0; c I ) L.. "-.-' Cl'l!,C~}J.Deponent further says that the aforesaid security or securities (hereinafter called the "Original", whether one or more) have been lost, stolen, destroyed or misplaced under the following circumstances: (was) (3) Tnat said Original (was not) endorsed. (If endorsed, describe form of endorsement and state whether signature was guaranteed.) (4) Deponent has made or caused to be made diligent search for Original, and has been unable to find or recover same, and that Deponent was the unconditional owner of Original at the time of loss, and is entitled to the full and exclusive possession thereof; that neither the Original not the rights of Deponent therein have, in whole or in part, been assigned, transferred, hypothecated, pledged or otherwise disposed of, in any manner whatsoever, and that no person, firm or corporation other than Deponent has any right, title, claim, equity or interest in, to, or respecting Original or the proceeds thereof, except as may be set forth in Statement (5) following. " (5) (If Deponent's interest in the Original is in a representative or fiduciary capacity, indicate below the designation of such capacity, i.e., Administrator, Executor, etc., and tbe title of the estate, as follows): Deponent is of the estate of rJ(fr (Specify names of any other persons having an interest in the Original. List them below and indicate the nature of their interest, such as heir, legatee, etc.) NAME INTEREST (6) Deponent makes this affidavit for the purpose of requesting and inducing the Issuing Corporation and its agents to issue new securities in, or payment in lieu of, substitution for the Original. (7) Deponent agrees that if said Original should ever corne into Deponent's hands, custody or power, Deponent will immediately and without consideration surrender Original to Issuing Corporation, its transfer agents or subscription agents for cancellation. r;.(&) Signed, sealed and dated: JI1 n~ f ~ ,1~ Sworn to an4 subscribed before me this Ill- ~t..-- day of J ~~ 19Q~. ~ 'EfAcU ,{l( JCLzL NOTARY PUBLIC (r .' Ii /)~ ;) )~ ~'/( (Affix Notarial Seal) ,( ~ n (j)( (~( ((j/ ~'CG1.JiJ -.,J,j it ;, J My Commission expires: / D j 3 ! ) q [0- ----- . Sworn to and subscribed before me t~ d'y of dtL~_'- ~ LA . 1 ~. X t ~);. Of~POD';:, 'I \ . r&HI! l' QL~ML ;J NOTARY PUBLIC /7i _ ' '_ j);;,-. f) ~. '/{ (Affix Notarial Seal) ('j> J I, ItJIC.UU rea u (A~. ~ ~/'jJ My Commission expires: I (] I j ( 101;; d ~~~~t"~~'"!:~;ir~~r:;~.tf~~~~R~"",~~.~.-;-ct.>~q~~:f\~t'i/'~~' 'tr;- -' :.""~~,, ';;~~,;",' AFFIDAVIT OF LOSS STATE OF VIRGINIA Virginia Beach CITY/COUNTY OF ) ) SS. ) The undersigned (hereinafter called "Deponent"), being duly sworn, deposes and says that: (1) Deponent is an adult whose mailing address is / 'f 30 (!AL Dw &"l ~ .bit. Ifltm(JroAJI v,4. .1-3C.G,<O and is the owner of or is acting in a representative or fiduciary capacity with respect to certain securities (describe type of security, identification number, and number of shares or face value): 1991B General Obligation Public Improvement Minibonds, Numbers (5) .'J -.' c-; C~ k-- ~ 0 '):J ) 11 1)':)-0 (), 0 D issued by City of Virginia Beach, Virginia (hereinafter called the "Issuing Corporation") and registered in the name of: /...o4/Se WfI / reHt::/fD KEf rlt Wl-lf r&IIEAJ) (2) Deponent further says that the aforesaid security or securities (hereinafter called the "Original", whether one or more) have been lost, stolen, destroyed or misplaced under the following circumstances: UAJA&e TO ic(!-/rre:: ~ (3) That said Original (was not) endorsed. (If endorsed, describe form of endorsement and state whether signature was guaranteed.) (4) Deponent has made or caused to be made diligent search for Original, and has been unable to find or recover same, and that Deponent was the unconditional owner of Original at the time of loss, and is entitled to the full and exclusive possession thereof; that neither the Original not the rights of Deponent therein have, 10 whole or in part, been assigned, transferred, hypothecated, pledged or otherwise disposed of. in any manner whatsoever, and that no person, firm or corporation other than Deponent has any right, title, claim, equity or interest in, to. or respecting Onginal or the proceeds thereof, except as may be set forth in Statement (5) following. -~ .--r/ /~ (5) (If Deponent's interest in the Original is in a representative or fiduciary capacity, indicate below the designation of such capacity, i.e., Administrator, Executor, etc., and the title of the estate, as follows): Deponent is of the estate of (Specify names of any other persons having an interest in tbe Original. List them below and indicate the nature of their interest, such as heir, legatee, etc.) NAME INTEREST (6) Deponent makes this affidavit for the purpose of requesting and inducing the Issuing Corporation and its agents to issue new securities in, or payment in lieu of, substitution for the Original. (7) Deponent agrees that if said Original should ever come into Deponent's hands, custody or power, Deponent will immediately and without consideration surrender Original to Issuing Corporation, its transfer agents or subscription agents for cancellation. (8) Signed, sealed and dated: J4CVf 22 Sworn to and subscribed before me . 19.!J.p this 22 AId day of #/aJj ~~) Signature of Deponent - 19 qr::.. ~/A~ NOTARY PUBLIC (NfIX Notarial Seal) My Commission expires: / Z- 31 -1g Sworn to and subscribed before me this 2ZAfd 19q ~. day of /L1a:J ~~~,/ Signature of Deponent ~~~ NOTARY PUBLIC (Afflx Notarial Seal) My Commission expires: /2 ,.. -3 ( --9<('" - 28- Item V-Kl. CONSENT AGENDA RESOLUTIONS/ORDINANCES ITEM # 40951 Upon motion by Vice Mayor Sessoms, second~d by Council Lady Parker, City Council ADOPTED: Ordinances to AMEND and REORDAIN the Code of the City of Virginia Beach, by bringing these sections into conformance with State Law: a. 6-122 and 6-122.4 re additional penalty for reckless or intoxicated operation of a watercraft or motorboat b. 21-150 re jUlshing, blinking or alternating colored lights 21-151 re auxiliary lamps on fire fighting and other emergency vehicles 21-192 re maximum vehicle width 21-336 re driving under influence (DUI) c. 23 -7 re resisting, obstructing, etc., City Officers Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert K Dean, William w: Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 25, 1996 I J 1 2 AN ORDINANCE TO AMEND AND REORDAIN 3 SECTIONS 6-122 AND 6-122.4 OF THE 4 CITY CODE, PERTAINING TO ADDITIONAL 5 PENALTY FOR RECKLESS OR INTOXICATED 6 OPERATION OF A WATERCRAFT OR 7 MOTORBOAT, BY BRINGING THEM INTO 8 CONFORMANCE WITH STATE LAW 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 That sections 6-122 and 6-122.4 of the Code of the City of 13 Virginia Beach, Virginia, are hereby amended and reordained to read 14 as follows: 15 16 17 Sec. 6-122. operating motor boat, vessel, water skis, etc., while under influence of intoxicating beverages or drugs. 18 (a) No person shall operate any watercraft or motorboat which 19 is underway (i) while such person has a blood alcohol concentration 20 of 0.08 percent or more by weight, by volume or 0.08 grams or more 21 per two hundred and ten (210) liters of breath as indicated by a 22 chemical test administered in accordance with section 6-122.2, (ii) 23 while such person is under the influence of alcohol, (iii) while 24 such person is under the influence of any narcotic drug or any 25 other self-administered intoxicant or drug of whatsoever nature, or 26 any combination of such intoxicants or drugs or (iv) while such 27 person is under the combined influence of alcohol and any drug or 28 drugs, to a degree which impairs his ability to operate the 29 watercraft or motorboat safely. 30 (b) no peraon ahall operate any 'V:atercraft or motorboat 'V.'hich 31 ia unden:ay during any period for \:hich such per::;on has been 32 ordered not to operate a watercraft or motorboat purauant to Code 33 of Virginia, oection 29.1 738 or oection 29.1 738.4 or section 6 34 122 or section 6 122.4 of thia Code, or oimilar ordinanceo of any 35 county, city or tmm. 36 tet- lJ2.l For purposes of this article, the word "operate" shall 37 include being in actual physical control of a watercraft or 38 motorboat and "underway" shall mean that a vessel is not at anchor, 39 or made fast to the shore, or aground. 40 Any person who violates any provision of this section shall be 41 guilty of a Class 1 misdemeanor. 42 Sec. 6-122.4. Additional penalty for reckless or intoxicated 43 operation of a watercraft or motorboat. 44 igl In addition to any other penalties authorized by law, 45 upon conviction of any person for violation of any provision of 46 section2 6-121 or 6-122, the court shall order such person not to 47 operate a watercraft or motorboat which is underway upon the waters 48 of the commonwealth for a period of twelve (12) months from the 49 date of a first conviction or for a period of three (3) years from 50 the date of a second or subsequent conviction within ten (10) years 51 of a first conviction. The period specified in any such order 52 prohibiting operation of a watercraft or motorboat which is 53 underway imposed pursuant to this section shall run consecutively 54 with any such order imposed for refusal to permit a blood or breath 55 sample to be taken. 56 1Ql A first offense of violating this section shall 57 constitute a class 2 misdemeanor. A second or subsequent offense 58 shall constitute a class 1 misdemeanor. In addition, the court 59 shall suspend the person's privilege to operate a motorboat or 60 watercraft for the same period for which it had been suspended or 61 revoked when such person violated this section. 62 iQl The period specified in any such order prohibiting 63 operation of a watercraft or motorboat which is underway imposed 64 pursuant to this section may be suspended by the court only as 65 authorized in Code of Virginia, section 29.1-738.5. 66 67 Ado~ted by the City Council of the city of Virginia Beach on this 25 day of June 1996. 68 69 70 71 CA-6359 DATA/ORDIN/PROPOSED/6-122-4.0RD JUNE 19, 1996 R3 APPROVED AS TO LEGAL SUFFICIENCY ~ /" Department of Law 2 I I 1 2 AN ORDINANCE TO AMEND AND REORDAIN 3 SECTION 23-7 OF THE CITY CODE, 4 PERTAINING TO RESISTING, 5 OBSTRUCTING, ETC., CITY OFFICERS, BY 6 BRINGING IT INTO CONFORMANCE WITH 7 STATE LAW 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That section 23-7 of the Code of the City of Virginia Beach, 11 Virginia, is hereby amended and reordained to read as follows: 12 Sec. 23-7. Resisting, obstructing, etc., city officers. 13 (a) If any person without just cause knowingly obstructs a 14 judge, magistrate, justice, juror, witnesses or any law enforcement 15 officer in the performance of his duties as such, or fails or 16 refuses without just cause to cease such obstruction when requested 17 to do so by such judge, magistrate, justice, juror, witness or law 18 enforcement officer, he shall be guilty of a Class ~ A misdemeanor. 19 (b) If any person, by threats or force, knowingly attempts to 20 intimidate or impede a judge, magistrate, justice, juror, witness, 21 or any law enforcement officer, lawfully engaged in his duties as 22 such, or to obstruct or impede the administration of justice in any 23 court, he shall be deemed to be guilty of a Class 1 misdemeanor. 24 Adopted by the city Council of the City of Virginia Beach on 25 this 25 day of June 1996. 26 CA-6358 27 DATA/ORDIN/PROPOSED/23-7.0RD 28 JUNE 17, 1996 29 R1 APPROVED AS TO LEGAL SUFFICIENCY //~ - Department of Law i ~ i 1 2 AN ORDINANCE TO AMEND AND REORDAIN 3 SECTIONS 21-150, 21-151, 21-192, AND 4 21-336 OF THE CITY CODE BY BRINGING 5 THEM INTO CONFORMANCE WITH STATE LAW 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Sections 21-150, 21-151, 21-192, and 21-336 of the Code 10 of the City of Virginia Beach, Virginia, are hereby amended and 11 reordained to read as follows: 12 Sec. 21-150. Flashing, blinking or alternating colored lights. 13 (a) Only law enforcement vehicles may be equipped with 14 flashing, blinking or alternating blue~ er blue and red~ blue and 15 whi te, or red. white and blue combination warning lights, \lhich 16 ahall be of types approved by the superintendent. 17 18 19 Sec. 21-151. Auxiliary lamps on firefighting and other emergency vehicles. 20 Any fire vehicle used exclusively for fire fighting, any 21 ambulance~ er rescue or life-saving vehicle used for the principal 22 purpose of emergency relief , anv Virqinia Department of 23 Transportation vehicle, or any wrecker used for the principal 24 purpose of towing disabled vehicles may be equipped with clear 25 auxiliary lamps which shall be used exclusively for lighting 26 emergency scenes. Such lamps shall be of a type permitted by the 27 superintendent and shall not be used in a manner which will tend to 28 blind or interfere with the vision of the operators of approaching 29 vehicles. In no event shall such lamps be lighted while the vehicle 30 is in motion. 31 32 Sec. 21-192. Maximum width. 33 No vehicle, including any load thereon, but excluding the 34 mirror required by section 21-113 and anv warning device installed 35 on a school bus pursuant to section 46.2-1090 of the Code of 36 Virqinia, as amended, shall exceed a total outside width as 37 follows: 38 (1) Passenger bus operated in the city, when authorized under 39 section 46.1 180 46.2-1300 of the Code of virginia~ 40 amended: One hundred and two (102) inches. 41 (2) School buses: One hundred (100) inches, vhile in motion, 42 and one hundred eighteen (118) inche:J, ,.hen otopped to 43 piclc up or diocharge otudento. 44 (3) Other vehicles: Ninety oix (96) One hundred and two (102) 45 inches. 46 47 Sec. 21-336. Prohibited. 48 (a) No person shall drive or operate in the city any 49 automobile or other motor vehicle, engine or train (i) while such 50 person has a blood alcohol concentration of 0.08 percent or more by 51 weight by volume or 0.08 grams or more per 210 liters of breath as 52 indicated by a chemical test administered in accordance with the 53 provisions of section 21-338, (ii) while such person is under the 54 influence of alcohol, (iii) while such person is under the 55 influence of any narcotic drug or any other self-administered 56 intoxicant or drug or whatsoever nature, or any combination of such 57 drugs, to a degree which impairs his ability to drive or operate 58 any motor vehicle, engine or train safely, or (i v) while such 59 person is under the combined influence of alcohol and any drug or 60 drugs to a degree which impairs his ability to drive or operate any 61 motor vehicle, engine or train safely. A charqe alleginq a 62 violation of this section shall support a conviction under clauses 63 (i). (ii). (iii) or (iv). 64 (b) For the purposes of this section, the term "motor 65 vehicle" includes mopeds while operated on the public highways of 66 the city. 67 Ad~ted by the gJn\r Council of the city of Virginia Beach on 68 this day of 1996. 69 CA-6360 70 DATA/ORDIN/PROPOSED/21-150ET.ORD 71 JUNE 26, 1996 72 R-4 2 - 29- Item V-K 1. b. (4). CONSENT AGENDA RESOLUTIONS/ORDINANCES ITEM # 40952 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council DEFERRED INDEFINITELY: Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, by bringing these sections into conformance with State Law: 21-315 re disregarding signal to stop by police officers Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William w: Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: None June 25, 1996 - 30- Item V-K2 CONSENT AGENDA RESOLUTIONS/ORDINANCES ITEM # 40953 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $5,000 in additional Federal Substance Abuse Residential Purchase of Services (SARPOS) funds; and, to increase estimated Federal Revenue by $5,000 in the FY 1995-1996 Mental Health-Mental Retardation-Substance Abuse (MHMRSA) Operating Budget re temporary shelter of additional clients. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum., Linwood 0. Branch, III, Robert K Dean, William w: Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D, Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 25, 1996 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $5,000 IN ADDITIONAL FEDERAL SUBSTANCE 2 ABUSE RESIDENTIAL PURCHASE OF SERVICES (SARPOS) FUNDS AND TO INCREASE ESTIMATED 3 FEDERAL REVENUE BY $5,000 IN THE FY 1995-96 MENTAL HEALTH-MENTAL RETARDATION- 4 SUBSTANCE ABUSE (MH-MR-SA) OPERATING BUDGET 5 WHEREAS, the Community Services Board and the Department of Mental Health, Mental 6 Retardation, and Substance Abuse (MHMRSA) are responsible for the coordination and implementation of 7 mental health, mental retardation, and substance abuse services; 8 WHEREAS, the department has been awarded an additional $5,000 in additional Federal 9 SARPOS funds for FY 1995-96; 10 WHEREAS, the additional SARPOS funds are being provided as a one-time increase to the CSB 11 funding base; and 12 WHEREAS, the MH-MR-SA requests that the additional funds be used to support clients in need of 13 temporary shelter obtained through the purchase of additional residential slots at $50 per day; 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 16 VIRGINIA, that $5,000 in additional SARPOS funds be accepted and appropriated to the FY 1995-96 17 MH-MR-SA Operating Budget to be used for temporary shelter of additional clients; 18 BE IT FURTHER ORDAINED, that estimated Federal revenue for FY 1995-96 be increased by 19 $5,000. 20 21 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25 , day of June ,1996. This ordinance shall be effective from the date of its adoption. Approved as to Content w~c. ~x... b..,LCI/ Walter C. Kraemer, Jr. Department of Management Service ~ ~ ~ ~ APPROVED AS TO It::['~~!.l q~Ji:'I::i~\iCr~I"'Y ~~d 10':- v..~- J ~V?~,.;:\:iV ~S~ L-."'-.-...."',G.cr~""=,,,..,,=~"""=''''''',.,..'''~ F: luserslmgcntrylmlunrsa \appropr ,onl CITY OF VIRGINIA BEACH COMMUNITY SERVICES BOARD FY-96 APPROPRIATIONS & TRANSFERS Appropriations Account Codes Executive Salaries Middle Management Salaries Professional Salaries Technical Salaries Clerical Salaries Skilled Salaries Professional Overtime Clerical Overtime Temp Profess Salaries Temp Clerical Salaries Temp Skilled Salaries Contracted Manpower Total Personnel 01100 01110 01130 01150 01170 01180 01230 01270 01330 01370 01380 01910 02101 02102 02104 02201 02301 02302 02307 03101 03102 03103 03104 03201 03202 03301 03401 03402 03403 03406 03407 04102 04201 04301 04401 04501 05101 05102 05103 05104 05201 05203 05401 05402 05404 05405 05406 FICA FICA Service Awards FICA-Medicare Retirement Health & Dentallnsur Life Insurance Unemployment Compen Total Frin e Benefits Professional Health Svcs Legal Svcs Other Prof Svcs Independent Auditing General Maint & Repair General Maint-Facility Advertising Printing-Outside Laundry & Dry Cleaning Photographic Services Refuse Disposal Svcs Other Contractual Svcs Total Contractual Services Microcomputing Services City Garage Services Central Store Charges Print Shop Charges Risk Management Charge T otallntemal Services Electric Services Heating Services Water Services Sewage Services Postal Services Telecommunications Office Supplies Food& Food Service Sup Medical & Lab Supplies Housekeeping& Janitor Sup Household Su lies 23303 Alcohol Detoxification ~~~:~.. . ~ ~:~ t~rJ. $5,000 ~~:. J.~ _ _ _. .;riJlf~~~ ~ 05407 05410 05412 05413 05414 05415 05416 05417 05421 05423 05499 05501 05502 05507 05508 05708 05801 05804 07101 07102 07103 07105 07301 07302 07303 07305 07307 08001 08002 09130 Appropriations Account Codes Building Maintenance Sup Uniforms & Wearing Apparel Books& Subscriptions Educational & Library Sup Recreational Supplies Computer Supplies Microfilming Supplies Photographic Supplies Construction Maf& Supplies Other Operating Supplies Non-Capital Equipment Professicmallmprovement Travel-Routine Mandated Certification Training Regular Foster Care Dues & Assoc Memberships Miscellaneous Total Other Char es 23303 Alcohol Detoxification Repl Machinery & Equip Repl Furniture & Fixtures Repl Communication Equip Repl Motor Vehicles Machinery& Equip Furniture & Fixtures Communication Equip Motor Vehicles & Equip Data Processing Equip Total Ca ital Outla Lease/Rent of Equip Lease/Rent of Buildings Alterations and Additions Total Leases Rentals,lm rovements Total Revenue 23305 Account Codes Prevention 341338 SA Treatment-Federal 96 $5,000 Total New Appropriations $5.000 , M~~ 1. ' c:s ~~/ Jr1 COMMONWEALTH of VIRGINIA DEPARTMENT OF Mental Health. Mental Retardation and Substance Abuse Services May 15, 1996 P. O. BOX 1797 RICHMOND, VA 23214 (804) 786.3921 (804) 371.89n VOICE/TDD TIMOTHY A. KELLY. Ph. D. COMMISSIONER Kathy Hall, SA Program Director Virginia Beach Community Services Board Substance Abuse Program Administrative Offices Pembroke Six - Suite 103 Virginia Beach, Virginia 23462-2891 Dear~: I am pleased to inform you that youi:' request for $ 5,000 in SARPOS funds is being made available to Virginia Beach Community Services Board. As all SARPOS funds have been allocated, I do not expect that any additional funding will be made available prior to June 30, 1996 If you have any questions regarding this matter, please contact Janice Jordan at (804) 371-0742. Sincerely, ~l"'- l\~o'" . James M. Martinez, Acting Director Office of Mental Health and Substance Abuse Services jjej ,/ xc: /' Dennis L Wool, Ph.D./ Lewis E. Gallant, Ph.D Janice E. Jordan Rosanna Roberts - 31 - Item V-K3 CONSENT AGENDA RESOLUTIONS/ORDINANCES ITEM # 40954 Upon 11Wtion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinances re Hilltop Loop North - CIP Project #2-001, (Hannaford Bros.), (LYNNHAVEN BOROUGH): Establish Hilltop Loop CIP Project #2-001; and TRANSFER $470,000 from various CIP projects Authorize acquisition of permanent drainage easements either by agreement or condemnation, in conjunction with the construction of Republic Road; and, authorize the City Manager to execute a Development Agreement. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William w: Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 25, 1996 1 AN ORDINANCE TO ESTABLISH HILLTOP LOOP 2 CIP PROJECT #2-001, AND TO TRANSFER 3 $470,000 FROM VARIOUS CIP PROJECTS 4 WHEREAS, the Master Street and Highway Plan identifies Hilltop Loop as a roadway 5 section which would help alleviate traffic delays now being encountered at the intersection of 6 Laskin Road and First Colonial Road, as well as facilitate traffic flow around the Hilltop area; 7 WHEREAS, the FY 1996-97 CIP does not include the construction of this road section 8 in the six-year period; 9 WHEREAS, private development of adjacent property is being planned for parcels 10 which could be accessed by this road section; 11 WHEREAS, the developer of this property has proposed a joint development 12 agreement of this road segment with the City of Virginia Beach which would accelerate the 13 completion of this transportation enhancement, and result in overall savings to the City if the 14 project were to be constructed solely by the City; 15 WHEREAS, the cost agreed upon by the City and the private developer as the City's 16 share of the joint construction venture is estimated to be $470,000, and; 17 WHEREAS, there is $470,000 available from various CIP projects which are either 18 (1) in advance of current schedules and would not adversely affect these projects if funds were 19 restored in the FY 1997-98 CIP cycle, or (2) available from a completed project. 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, that Hilltop Loop Project #2-001 is hereby established as a project 22 in the Capital Improvement Program; 23 BE IT FURTHER ORDAINED that funds in the amount of $470,000 be transferred 24 from the CIP projects in the amounts listed below to the Hilltop Loop Project #2-001: 25 26 27 28 29 30 31 32 33 34 Project Numher 2-139 2-137 2-837 2-910 Project Title Kempsville Road Ph. III Great Neck Road Ph. IV/London Bridge Road Ph.III Various Cost Participation Projects General Booth Boulevard Ph. II (completed project) TOTAL This ordinance shall be in effect from the date of its adoption. 25 June Adopted the _ day of A mount $103,345 100,000 100,000 166,655 $470 000 , 1996, by the Council of the City of 35 Virginia Beach, Virginia. APPROVED AS TO CONTENT ~~L, E. D. Block, Director Department of Management Services APPROVED AS TO LEGAL SUFFICIENCY ~/I.~ f: \users \sjohnston\council\200 1 est.ord 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PERMANENT DRAINAGE 3 EASEMENTS EITHER BY AGREEMENT OR 4 CONDEMNATION IN CONJUNCTION WITH THE 5 CONSTRUCTION OF REPUBLIC ROAD 6 (HILLTOP LOOP-NORTH CIP 2-001) AND 7 APPROVING AND AUTHORIZING THE CITY 8 MANAGER TO EXECUTE A DEVELOPMENT 9 AGREEMENT 10 WHEREAS, the Master Street and Highway Plan of the 11 city of Virginia depicts an undeveloped public right-of-way known 12 as Republic Road which connects First Colonial Road to Laskin Road 13 ("Hilltop Loop-North") and identifies Hilltop Loop-North as a 14 future roadway section which would help alleviate traffic delays 15 now being encountered at the intersection of Laskin Road and First 16 Colonial Road, as well as facilitate traffic flow around the 17 Hilltop area; and 18 WHEREAS, in connection with the proposed private 19 development of certain property adjacent to Hilltop Loop-North, the 20 city council has preliminarily approved the closure and relocation 21 of Republic Road, and the developer has offered to construct the 22 road with the City participating in the cost of such construction 23 to the extent set forth in a Development Agreement; and 24 WHEREAS, by advancing the construction of the road 25 and participating in "the cost through a Development Agreement, the 26 construction of Hilltop Loop-North will be accelerated, traffic 27 congestion in the Hilltop area will be alleviated and drainage 28 flows improved and the city of Virginia Beach will experience 29 overall savings in the cost of construction of the road when 30 compared to the cost of the road if it were to be constructed 31 solely by the City; and 32 WHEREAS, in conjunction with the construction of 33 Hilltop Loop-North, it is necessary to acquire permanent drainage 34 easements over certain properties that are not owned by the 35 developer; and 36 WHEREAS, in the opinion of the Council of the City 37 of Virglnia Beach, Virginia, a pUblic necessity exists for the 38 construction of this important roadway to provide transportation 39 and for other public purposes tor the preservation of the safety, .4 , , 0'\. 40 health, peace, good order, 'comfort, convenience, and for the 41 welfare of the people in the City of Virginia Beach: 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 43 CITY OF VIRGINIA BEACH, VIRGINIA: 44 section 1. That the city Council authorizes the 45 acquisition by purchase or condemnation pursuant to sections 15.1- 46 236, et seq., 15.1-898, 15.1-899, and section 33. 1-89 (PW/Highway), 47 et seq., Title 25-46.1 et seq., Code of Virginia of 1950, as 48 amended, all permanent drainage easements required in conjunction 49 with the construction of Republic Road/Hilltop Loop-North pursuant 50 to Hilltop Loop-North CIP Project #2-001. 51 section 2 . That the City Manager is hereby 52 authorized to make or cause to be made on behalf of the city of 53 Virginia Beach, to the extent that funds are available, a 54 reasonable offer to the owners or persons having an interest in 55 said lands. If refused, the city Attorney is hereby authorized to 56 institute proceedings to condemn said easements, rights and/or 57 interests in said lands. 58 section 3. That the Development Agreement attached 59 hereto is hereby approved and the city Manager or his designee is 60 hereby authorized to execute the Development Agreement 61 substantially in the form attached hereto. 62 Adopted by the Council of the City of Virginia 25 June Beach, Virginia, on the day of , 1996. CA-6354 NONCODE\CA6354.0RD R-1 63 64 65 66 ~ APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~II.~ CITY ATTORNEY .1 DEVELOPMENT AGREEMENT THIS DBVBLOP.MEN'.r AGllBEHRNT (this "Aqreement") is entered into thl. day ot June, 1996, by and between cr.ry OF VIRGIHJ:A BRACH, a pOIItical subdivision ot the commonwealth of virginia (the .City"), and. BONEY wrLSON AND SONS,. INC., a North Carolina corporation (the "Developer"), a Wholly-owned subsidiary of Hannaford Brothers Co., a Maine corporation ("Hannaford"). Ji .I % II B 11 i . % Jl: Recitals Hannaford and the Developer have entered into a contract (the "Contract") to purchase a 15.35 acre parcel of land, (the "Property"), in the Hilltop area of the Lynnhaven Borough of the city of Virginia Beach. The Developer intends to develop a shopping center on the Property in one or more phases (the "Development") . The Property is bisected by an undeveloped public riqht-ot- way known as Republic Road, which connects First Colonial Road to Laskin Road (the "Loop Road"). The Loop Road Is on the City'S Master street and Highway Plan for construction as part of the Hilltop Loop Road system. The Developer and the city desire to realign and construct the Loop Road and related infrastructure, drainage, stormwater system and signalization at its intersections with Laskin Road and First Colonial Road (the "Loop Road Project"). Consistent with that desire, the Developer applied to close a portion of the Loop Road and dedicate a portion of the property to effect the realignment of the Loop Road, which application was approved preliminarily by the Virginia Beach city Council on December 14, 1995 following a favorable recommendation by the Viewers and the Virqinia Beach Planning Commission .(the "Road Closure"). The need for the construction of the Loop Road has existed for an extended period of time and its construction will enhance traffic circulation, improve drainaqe flows and encourage redevelopment in the Hilltop area. The City and the Developer have reached aqreement on the scope and cost of the Loop Road Project, and the parties now enter into this instrument to set forth such aqreement. Agreement NOW, THEREFORE, for and in consideration of the foreqoing and the mutual obligations and covenants contained herein, the parties hereto agree as follows: -1- 81/l: 3:J'dd 01l:E:81Sf708'CI 3NI~N3i'd^ CN'd S^'dW'WO~d E:S'SI S8-61-Nor I I 1. SCODe o~ Pro1ect. The partie. aqree that the Loop Road projeot shall include the followinq tasks, which shall be referred to hereinafter collectively as the "Projeot:" a. Road Design. Engineering desiqn of the LoOp Road from the western riqh~ of way line of First Colonial Road to the northern righ't ot way line of Laskin Road (the "Road Improvements") . b. Intersection Design. Engineerinq design of all intersection improvements (the "Intersection Improvements") at the intersection of Laskin Roa.d and the Loop Road, and at the intersection of First Colonial Road and the Loop Road (collectively, the "Intersections"), required to accommodate the Development. e. Traffic Siqnal Design. Engineerinq design of traffic signal improvements at the Intersections (the "Traffic signal Improvements"). The parties acknowledge that the City has already designed and is presently in the process of installing certain traffic signal improvements at the intersection of First COlonial Road and the Loop Road (the "Previously Planned Traffic Signal Improvements"), and tha.t certain additional traffic signal improvements at the intersection of First Colonial Road and the Loop Road will be installed as part of the Project (the "Additional Traffio signal Improvements"). d. Drainage Design.. Engineering design of all detention ponds and other stormwater transmission facilities located on the Property or within the right of way of the Loop Road required to drain the Road Improvements (the "Drainage Improvements"). e. Drainage Easements. Acquisition of easements (the "Drainage Easements") in the locations shown crosshatched on Exhibit B attached hereto as a part hereof ovar and through the property shown as lots 1 throuqh 6 on such Exhibit B for drainage of stormwater from the detention ponds located on the Property. Such drainage is to be through Qxisting ditches located on such other property. f. Construction. Construction of the Road Improvements, the Intersection Improvements, the Traffic Signal Improvements, and the Drainage Improvements (all such items, less and except the Previously Planned Traffio Signal Improvements, being referred to hereinafter as the "Construction Work"). The scope Qf the Project is more particularly set forth on the plans and specifications identified on Exhibit A attached hereto as a part hereof (collectively, the "plans"), Which Plans have been prepared by the engineering firms listed on Exhibit A (the "Design Engineers") and are being reviewed by the city. Any further design work necessary for the completion of the Project shall be performed. by engineers licensed in the Commonwealth of -2- 8t/E: 3D'dd 0t~E:8t91108'CI 3NI~N3~'d^ CN'd S^'dW'WO~d 119'9t 86-6t-Nnc virginia, and sball comply with all applicable laws, regulations, and ordinances, including but not limited. to those requiring- City approval of such additional design work. The city acknowledge. and approves Developer's desire to cOJlllllence construction of the Development on the Property simultaneously with its start ot construction of the Loop Road Project. 2. Duties of Developer. The Developer agrees that it has performed or shall be responsible for performinq the following tasks. a. Design. The Developer shall design or cause to be designed the Road Improvements, the Intersection Improvements, the Drainage Improvements, and all Traffio siqnal Improvements other than the Previously Planned Traffic signal Improvements. The parties agree that the Plans have been reviewed and approved by the City and that the Developer has fulfilled its obligations to date with respect to such design work. In the event additional design work is required for the Project as a result of unforeseen subsurface conditions or other physical oiroumstances unforeseen as of the date hereof, such additional design work shall be the responsibility of the Developer. b. Bid process. The Developer shall solicit statements of qualifications from qualified and licensed contractors acceptable to the Developer, and shall prepare or cause to be prepared documents ("Bidding Documents") to be presented to parties bidding for contracts for the Construction Work ("Bidders"). The Bidding Documents shall desoribe the scope of work set forth in the Plans and shall otherwise contain terms and conditions satisfactory to the Developer. The Developer shall competitively bid amonq the Bidders. Upon receipt of one or more bids satisfactory to the Developer (the Developer reserving the right to rejeot one or more bids as unsatisfactory to the Developer), the Developer shall enter into a contract or contracts (the "Contract") for the Construction Work with the successful bidder or bidders (the "General Contractor"). The General Contractor shall be authorized to transact business in the Commonwealth of Virginia, shall be lioensed by the state Board for Contractors as a Class A Contractor, and shall have a business license issuea by the City. The Contract shall include the Required Provisions, as hereinafter. defined, and such other terms and conditions as shall be satiSfactory to the Developer in its discretion. c. COntract Hanagement. The Developer shall provide administrative, management and related servioes as required to coordinate the duties of the General Contraotor with the activities and responsibilities of the engineers providing services to the Project and shall provide sufficient organization, personnel and management to carry out the requirements of this A9ree~ent. The Developer shall be responsible for primary oversight of the Construction Work, for day-to-day inspection of '-3- 81/17 30'o'd 01l:E:8191708'CI 3NI~N3''o'^ CN'o' S^'o'W'WO~d 179'91 SS-SI-Nnc i I the quality ot the Construction work, and for procuruaent ot interpretations of the Plans, if requested by the General Contractor. d. Availability of Property, Drainaqe Agree1aent, Easement. The Developer shall ensure the availability of the portions of the Property on which the Drainage Improvements will be oonstruoted as and when needed by the General Contractor. The Developer has or will dedicate to the City the relocated Loop Road right of way and the easements for drainage and utilities designated on the Plans as required to be dedioated to the city. Such dedication shall take place prior to payment by the City of the city payment, as herei~ter defined. e. Reports, certUicates, Lien Waivers. The .Developer shall (i) furnish a construction schedule to the city prior to the commencement of construction and shall furnish updates of such schedule to the City as and when changes are made, (ii) collect from the Contractor and furnish to the city copies of the insurance certificates required under Paragraph 6 hereof, and (iil) upon substantial completion of the Construction Work (substantial completion being defined as that point at which the Roadway Improvements, the Drainage Improvements, the Intersection Improvements, and the Traffic Signal Improvements have been completed to the extent that they are capable of being used safely for the purpose for which they are intended), provide the City with a certificate of the Design Engineers that substantial completion has been achieved, and (iv) upon final completion of the Construction Work, provide copies of mechanics' lien waivers and/or affidavits evidencing the lien-free completion of the Construction Work. f. Hold HarmlesS-Indemnification. It is understood and agreed that the Developer hereby assumes the entire responsibility and liability for any and all damaqes to persons or property caused by or resulting out of any act or omission on the part of the Developer, its oontraotors, subcontractors, agents, or employees (oolleotively, its "Agents") under or in connection with this Agreement or caused by or resul tinq out of the failure of the Developer or its Agents to perform its or their obligations under this Agreement. 'The Developer shall save harmless and indemnify the City and its agents, volunteers, servants, employees, and officials from and against any and all claims, losses, or expenses, including but not limited to attorney's tees (collectively, "Claims"), which any of them may suffer, pay, or incur as the result of claims or suits due to, arisinq out of, or in connection with the negligence or condlict of the Developer or its Agents, or the failure of the Developer or its Agents to perform its or their obligations under this Agreement, during the period commencing from the date any site work, surveys, etc. begin on the Loop Road Project by the Developer until the cessation of all work on the Loop Road Project by the Developer should the Developer elect not to proceed as set forth herein or upon final approval and acceptance by the City of the Loop Road -4- 81/9 3:J'o'd 01l;E8191708'OI 3NI~N3''o'^ ON'o' S^'o'W'WO~d 99'91 8S-S1-Nnc I I Project i.provements specified in this Agreement, and the Developer shall upon vritten demand by the city assume and aefend at the Developer's sole expense any and all such suits or defense of claims. Any costs associated with violation of the laws by the Developer or its agents ("Cost.") including, but not limited to, remediation8, clean up costs, fin.., administrative or civil penalties or charges, and third party claims imposed on the city by any requlatory agency or by any third party as a result of the noncompliance with federal, state, or local environmental laws and regulat.ions or nuisance statutes by the Developer or its Agents for the purposes of this Agreement, shall be paid by the Developer. Notwithstanding the foregoing, the Developer's obligation to defend or pay Costs or Claims, as set forth above, shall not apply t.o, and the City shall remain fully responsible for, (i) any Costs arising from the presence as of the date hereof, of Tanks or contamination, as hereinafter defined, within the right of way of the Loop Road (excluding any portions of such right of way dedicated to the City by or on behalf of the Developer), (ii) any Costs resulting from defects in the City'. title to any portion of the right of way of the Loop Road, owned by the city as of the date hereof, and (iii) any Costs resulting from the city's failure to perform its obligations hereunder, (iv) any Claims or Costs arising from the acts or omissions of the city, its employees, officials, agents or assigns. g. Insurance. The Developer agrees to secure prior to the commencement of the Construction Work, and to maintain thereafter in full force and effect at all times during the period this Agreement is in effect., the following- policies of insurance: (i) Workers' Compensation Insurance as required under Title 65.2 of the Code of Virginia. (ii) commercial General Liability Insurance, includinq contractual liability coverage, in an amount not less than one .illion dollars ($1,000,000) combined single limits ("CSL"). Such insurance shall name the city as an additional insured. (iii) Automobile Liability Insurance including coverage for non-owned and hired vehicles in an amount not less than one million dollars ($1,000,000) CSL. All such policies of insuranoe shall be written in a form approved by the state Corporation commission of the Commonwealth of Virginia, and shall be issued by companies licensed to conduct the business of insurance in Virginia who maintain Best rating of B+IX (provided, however, that if the rating of any such carrier falls below such level while such insurance is in effect, such occurrence shall not be a default hereunder provided all renewals of such insurance are with -5- 8t/8 3D'dd 0tl:E:8t9t>08'OI 3NI~N3''d^ ON'd S^'dW'WO~~ 99'9t 8S-St-Nnc carriers who maintain a Beat rating of B+IX at the time of auoh renewal). All such policies shall carry the provision that the insurance will not be cancelled or materially modified without thirty (30) days priO'r written notice to' the city. 3. Duties of citv. '!'he city shall be responsible for performing the follO'winq tasks. a. DesiCJD. The city shall design or cause to be designed the Previously Planned Traffic Signal Improvements. The parties agree that the Plans for the Previously Planned Traffic Signal Improvements are complete, and that the City has fulfilled its obligations to date with respect to such design work. b. Review of Plans. The city acknowledges that it is still reviewing the Plans and agrees that it shall expeditiously review in conformity with all legal requirements, city policies, and procedures, the Plans and any requests for changes to the Plans submitted by the Developer. c. Availability of Property. Upon the oommencement of the Construction Work, the city shall permit access to the Loop Road right of way to the Developer for the duration of the Construotion Work. The city shall also make the Intersections available for the construction of the Intersection Improvements and the Traffic Signal Improvements, subject to the City's standard traffic control requirements and in coordination and compliance with the virginia Department of Transportation, as necessary . d. Inspection ot Work. The city shall perform periodic (but not less than biweekly) inspection ot the Construction Work in aocordance with the City'S standard procedures, and shall provide the Developer with written notice ot any deticiencies in the Construction Work within three (3) business days after each such inspection. The City shall perform a tinal inspection of the Construction Work ~ithin ten (10) days of notice from the Developer that substantial completion has been aChieved, such notice to be accompanied by the certificate of the Design Engineers as to substantial completion, and shall provide the Developer with written notice ot either (i) tinal acceptance or (ii) any deficiencies in the Construction Work within ten (10) business days after such inspection. In the event deficiencies are reported as set out above and corrected by Developer or General Contractor, the City shall reinspect said work within the time frames set out herein after written notice that the deficiencies have been corrected. Time is of the essence as to all time periods set forth in this paraqraph (3d). e. Acquisition of Drainage Easements. The city shall obtain title reports for the property over which the Drainage Easements will run, and shall submit offers for the Drainage Easemen~s to the.landowners holdinq interests in the property over whioh such easements will run within sixty (60) days of the start -6- 8t/l. 3:J'dc:l 0tl:E:8t9f708'OI 3NI~N3''d^ ON'd S^'dW'WO~d 99'9t SS-St-Nnr i I of construction of the Loop Road Proj ect. In the event the city is unable to acquire all such Drainaqe Ea.ements by negotiated agreement within thirty (30) days after tenderinq such otfers (the "Acquisition Date"), the City, subjeot to and in conformity with all legal r.quir~nts and with the City's standard condemnation polici.. and procedure._, shall fila oertificate. of take to acquire those Drainage Easements which it has not previously acquired by neqotiation. In liqht of City Council's authorization 'to acquire the Drainaqe Easements, the city will not withhold approval of the site plan, buildinq permit, occupancy permit or other necessary approvals and permits for the construction and use of the Loop Road Projeot or the Development (or any portion of the Development) on the basis that the acquisitions of the Drainage Easements have not been completed at the time of the issuance of those permits and/or approvals. f. Traffic 51911a1. The City shall complete the constructlon of the. Previously Planned Traffic Signal Improvements in accordance with the Plans and shall use its best efforts to complete the same on or before March 1, 1997. 9. Availability of Property Infonaation. The city shall, to the extent such items are in the City'S possession, furnish the Developer upon request with copies of its most recent title insurance policy, commitment or report, its most recent 1:.opographical map and/or survey of the property on which the Road Improvements will be located, and any and all soils and/or environmental assessments or hazardous substance reports affecting such property. 4. ~ect Cost. a. costs Included. The following costs and expenses are included in the Project Cost: (1) Cost of design and construction of the Construction Work and the PreviOUSly planned Traffic Signal Improvements. (2) Cost of the acquisition of the Drainage Easements, inoluding but not limited to payments made to the holders ot title to or liens on the property over which the Draina<je Easements will run (COllectively, "Landowner Payments") . (3) Cost of inspections performed by the city, such inspections to be performed in accordance with the city's standard procedures and billed at the City'S standard rates, which cost is acknowledged to be $32,205.00. b. City Share of Project Cost. The city shall pay the city Share of Project Cost, which shall include the following amounts : -7- 81/8 80~d 0tl;E:8t9~08'aJ 3NJ~N8'~^ aN~ S^~W'WO~d 89'9t 86-61-Nnr , I I (1.) FOUR HUNDRED SEVENTY THOUSAND DOLLARS ($470,000.00) (the city payment") in immediately availa~le U.s. funds, payable to the Developer upon delivery to the city ot the certificate of the Deaiqn Enqineers that substantial completion of the Construction Work haa been achieved and the City has verified the Design Engine.r'a certification. The City acknowledqes that, upon substantial completion, there may be items such as seeding', landscapinq, or similar items yet to be completed or items of work to be corrected which do not materially affect the intended purpose of the Construotion Work (the "Punchlist"). (2) Fifty percent of all Landowner Payments to the extent such Landowner Payments are between SIXTY SEVEN THOUSAND TWO HUNDRED DOLLARS ($67,200) and NINETY THOUSAND DOLLARS ($90,000); and all Landowner Payments in excess of NINETY THOUSAND DOLLARS ($90,000). (3) All cost of design and construction of the Previously Planned Traffic Signal Improvements. c. Developer Share of Project Cost.. (1) The Developer shall pay all Project Cost other than the city Share of Project Cost. (2) City inspection costs (to the extent required to be paid by the Developer) shall be billed in accordance with standard city procedures and such bills shall be paid by the Developer at or before the time due. The amount of the inspection fees is acknowl.edqed by all parties to be $32,205.00. (3) The Developer shall make all payments to the General Contractor and to the engineers providing services to the Project at or before the time required under the applicable construction contract or engineering services agreement. (4) Developer shall pay all Landowner Payments up to SIXTY SEVEN THOUSAND TWO HUNDRED DOLLARS ($67,200) and Fifty Percent (50%) of Landowner Payments to the extent such Landowner Payments are between SIXTY SEVEN THOUSAND TWO HUNDRED DOLLARS ($67,200) and NINETY THOUSAND DOLLARS ($90,000). (5) The Developer shall pay Landowner Payments to the City (to the extent required to be paid by the Developer) by certified funds or cashier'S check (i) in the case of Drainage Easements delivered pursuant to negotiations between the City and a landowner and/or lien holder, at least ten (1.0) days prior to the anticipated time of deliyery of such easement, but after written notice from the city; (ii) in the case of Drainage Easements for which the city tiles a certificate ot Take, at least ten (10) days prior to the anticipated time of filinq of such Certificate of Take, and (iii) in the case ot any DrainageaEasement tor which the City files a certificate of Take and for which the Court in which such Certificate is tiled later ~akes a -8- 81/8 30'dd 01<:;E:819f708'CI 3NI~N3''d^ CN'd S^'dW'WO~d 89'91 88-81-Nnr , I greater award to the landowner and/or lienholder,' at the time of such award. (6) Developer shall provide to the city surveys required to obtain the Drainaqe Easements. 5. COnditions Precedent. The City and the Developer agree that all of the obligations of the Developer hereunder shall be subj ect to the ocourrence of the following Conditions preoedent: a. Plan Approval. Approval by the city of the Plans. b. Peraits and Approva1s.. Issuanoe by the City of all permits and approvals (inoluding but not limited to building permits, subdivision approvals, and approvals for the extension of publio water and sewer service to the Property) necessary for the Construction Work and for the Development. c. Acquisition and Development. Fee simple acquisition by the Developer of the property, and the decision by the Developer to proceed with the Development. d. Acceptable Bid. Receipt by the Developer of an acceptable bid or bids for the Construction Work. 8. Road Closure. Final, irrevocable approval of the Road Closure and the acknowledgment by the City Council of the City that all conditions to the Road Closure have been fulfilled. Notwithstanding these conditions, if the foregoing conditions precedent have not been satisfied within one (1) year of receipt of the approved site plans for the Development and approved construction plans for the Loop Road Project, then either party may t~rminate this Agreement by mailinq written notice of their intention.to terminate this Agreement to the other party. 6. Construction Contract Reqqire.ents. The Contract into which the Developer enters with the General contractor shall include such terms and provisions as the Developer shall deem advisable in the exercise of its judqment as an experienced developer of real property, and shall be required to include the f~llowinq terms and provisions (the "Required Provisions"): a. T.iminq. The Construction work shall be completed on or before a date accep~able to the Developer, but not later than the date which is twenty four (24) months after the fulfillment of the conditions Precedent. b. Payment and Performance Bond. The .General Contractor shall provide a payment and performance bond in the amount of the contract with the City and the Developer listed as obligees. ....9- 81/01 3::J~d 01~e:819f708'aI 3NI~N3'~~ aN~ S^~W'WO~d ~9'91 88-81-Nnc , I c. Liability Insurance. The General Contra.ctor shall carry commercial General Liability Insurance covering the contractor with oombinQd single limit of $2,000,000 or more. The City and the Oeveloper ahall be Clealqnated as additional insureds under such policy. d. workaeD'. ccspensatlon. The General Contractor 8h~ll maintain a policy of workmen'. compensation in amounts required by virginia statute. e. Bonds and Insurance Policies. All bonds and insurance policies required by the Contract shall be written by one or more insurance or surety companies, as the case lDaY be, authorized and licensed to transact the business of insurance and/ or surety, as the case may be, in the Commonwealth of Vlrqinia. All such policies of insurance shall be written in a form approved by the state corporation CODmission of the Commonwealth of Virginia, and'shall be issued by companies licensed to oonduot the business of insurance in Virginia who maintain Best rating of B+IX (previded, however, that if the rating of any such carrier falls below such level while such insurance is in effeot, such occurrence shall not be a default hereunder provided all renewals of such insuranoe are with oarriers who maintain a Best rating of B+IX at the time of such renewal). All such policies shall carry the provision that the insurance will not be cancelled or materially modified without thirty (30) days prior written notice to the City. (f) Nondiscrimination. Ouring the performance of the Contract, the Contractor agrees as follows: (i) The Contraotor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bonafide occupational qualification/ consideration reasonably necessary to the normal operation of the contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (11) The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such Contractor is an equal opportunity employer. (iii) Notices, advertisements and solicitations placed in accordanoe with federal law, rule, or regulation shall be deemed sufficient tor the purpose of meeting the requirements herein. The contraotor will include provisions of the foregoing suhparagraphs (i), (ii), and (lit) in every subcontract or -10- 8t/tt 3::1\:td 0t(';E8t91108'01 3NI~N3'\:t^ ON\:t S^\:tW'WO~d ~9'9t SS-St-Nnr I I purchase order of over ten thousand dollars ($10,000.00), so that the provisions will be binding upon such subcontractor or vendor. 7. Representations and warranties. a. o:f the Developer. The Developer represents and warrants that (1) At the time of construction, the Developer will be the owner of qood and marketable fee simple title to all portions o~ the Property on which the Drainage Improvements will be located and all portions of the Property which will be affected by any Drainage Aqreem.ent or Basement Aqreement entered into between the Developer and the city. (2) It is duly orqanized and in good standing under the laws ot the state.of its Qrqahization, and is authorized to transact business in the C01DlJlonwealth of virginia, and has the legal power, right and authority to execute this Agreement and perform its obligations hereunder, the execut.ion of this Aqree1llent in no way violates any of the teras or provisions of its organizational documents, and the persons executinq this Aqreement on its behalf have been duly authorized to execute this Agreement and to bind the Developer. At the City's request, the J)Qvaloper shall deliver to the city such documents as the City may reasonably require as evidence of the legal power, right and authority of those signing hereunder to act on behalf of the Developer. b. Of the city. The City represents and warrants that: (1) It owns good and marketable fee simple title to the right of way on which the Road Improvements and the Intersection Improvements will be located. (2) It has full power and authority, and has obtained all necessary approvals of the city council of the city and all other persons or entities whose approval is required, to acquire the Drainage Easement.s by purchase or condemnation. (3) It has the legal power, right and aut.hority to execute this Agreement and perform its obligations hereunder, the execution of this Agreement in no way violates any of the terms or provisions of its charter or of any ordinance of the city or statute of the Commonwealth of Virginia, and the persons executing this Agreement on its behalf have obtained all requisite approvals to such exeoution, includinq but not limited to the approval of the city ~ouncil of the City, and such persons have the power to execute this Agreement and to bind the city. (4) To the best of its knowledge, information, and belief, the right of way on Which the Loop Road will constructed is free of underqround storage tanks and of any substance the storage er disposal of which is regulated by any state or federal -11- 8t/l:t 3~~d 0tl:E:8tSt>08'OI 3NI~N3'~^ ON~ S^~W'WO~d L9'st 8S-St-Nnc law or regulation relating to hazardous substances, toxic wast.s, or environmental protection, including but not li.ited to asbestos, polychloriMted biphenyls, and petroleum products (collectively, "Tanks or contamination"). 8. De'tau1t:.. CUre. In the event ot default of either party of its obligations hereunder, the non-defaultinq party shall qive notice of such default to the defaulting party, and in the event the defaul tinq party shall tail to cure suob default wi thin fifteen (15) days of such notice, the non-defaulting party shall have the right to pursue all remedies available to it at law or in equity. . 9. Transfer of Title. The Developer and the city agree that, notwithstanding the Developer's continuing obligation to achieve final completion of the Construction Work, title to all equipment and improvements within the right of way owned by the city shall vest in the City upon completion of the Punch List unless title has otherwise legally vested. 10. Notices. All notices required or p9r1lli tted hereunder shall be sent by certified mail, return receipt requested, Federal Express or other comparable overnight delivery service, or by fac- simile (provided that confirm_tion thereof is delivered by certi- fied mail or overnight delivery service providinq tor delivery against receipt) and shall 'be addressed as follows: AS TO DEVELOPER: Boney Wilson and Sons, Inc. clo Hannaford Bros. Co. P.O. BoX 1000 Portland, Maine 04104 Attention: Mike Brescia Fax: (207) 885-2042 AS TO CITY: Department of Public Works MUnicipal Center Virginia Beach, Virqinia 23456 Fax: (804) 426-5783 Attention: city Engineer or to such other address or addresses of which the party (ies) may advise the other parly(ies) in writinq from time to tillle. Any such notice shall be deemed given on the date indicated on the return receipt or delivery service records as havinq been qiven. 11. Miscellaneous. a. COUnterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall constitute a sinqle instrument. -12- 8t/E:t 3~'fd 0t~E:8t9t>08'OI 3NI~N3'~^ ON'f S^'fW'WO~d 89'9t 8S-St-Nnr b. Governing LaW. This Agreement shall be deemed t.o be a Virgi~ia oontract and shall be governed as to all matters, whether of validity, int.erpretations, obligations, performance, or otherwise , exclusively by the lawa of the commonwealth of Virginia, and all que.tions arising with respBct thereto shall be determined in aocordance with such laws. Regardless ot where actually d.elivered and accepted, this Agreement shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. Any and all suits for any claims or for any and every breach or dispute arisinCiJ out of this Agreement shall be maintained in the appropriate court of compet.ent jurisdiction in the City of Virginia Beach. c. compliance with Laws. The Developer shall comply with all federal, state, and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the performance of its obligations under this Agreement (provided, however, that any changes to laws, regulations or policies occurring after approval of the construction plans for the LoOp Road Project shall not alter or effect the Developer'. responsibilities set out herein. The Developer represents that it possesse., or, at the commencement of the Const.ruction Work, will possess, all necessary licenses and permits required to conduct its business and perform its obligations hereunder. d. Final AgreelAent, Modification. This Agreement contains the full and final agreement of the Developer and the ci ty as to the construction of the Loop Road and the improvements associated with the Loop Road, and all other negotiations and discussions prior to the date hereof are merged into this . Agreement. This Agreement may not. be modified without the written consent of the party to be charqed with suoh modification. e. Non-Appropriation. The City acknowledges that it is in support of the Project; that the completion of the Loop Road is on the cit.y's Master street and Highway Plan; and that the city Council has authorized the City Manager to execute on behalf of the city an agreement substantially in the form of this Agreement. The City acknowledges that it will agree to continue to seek appropriation of the necessary funds to accommodate this Agreement, however, it is understood and agreed between the parties hereto that in the event no funds are appropriated and budget.ed Gver $470,000.00 in the current or any subsequent fiscal year for payments due under this AgreeJRent, the city shall immediately notify Developer of such occurrence and terminate the remaining portions of the Agreement Which would otherwise exceed the. $470,000.00 figure, without penalty or expense to the city of any kind whatsoever. f. Non-Assignment. Developer may assi9'll its rights and duties under this Agreement but solely on the condition that the AssiCjnee posts a bond or letter of credit in the tull amount ot the costs of the improvements to be const.ruoted pursuant to this Agreement. -13- 8t/~t 3:J'dd 0t?;E:8t9~08'aI 3NI~N3''d^ aN'd S^'dH'HO~d 89'9t 88-8t-Nn~ 9' . Heading_. The headings of paragraphs and subparagraphs wi thin this Agreement are for ease of reference only and shall not be considered in interpreting or construing the provisions hereof. IN WITNESS WHEREOF, the Developer has caused this Instrumen't to be executed pursuant to due authority. The city Hanaqer of the City executes this Agr~ement on behalf of the City pursuant to authority granted (him/her) under the Resolution Number adopted by the city Council of the City of virqinia Beach on (seal) ATTEST: (Assistant) Secretary ( sea 1) A'rl'~$": (Deputy) City Clerk APPROVED AS TO CONTENTS: Director, Public Works APPROVED AS TO AVAILABILITY OF FUNDS Finance Department 8t/9t 3mtd 0tl:f:8t9Y108'OI DEVELOPER: BONEY WILSON AND SONS I INC., a North carolina corporation By: Its: CITY: crTY OF VIRGINIA BEACH, a political subdivision of the Commonwealth of virginia By: Its: -14- 3NI~N3'~^ ON~ S^~W'WO~d 89'9t 88-8t-Nnc APPROVED AS TO RISK MANAGEMENT Risk Management Administratcr APPROVED AS 'TO LEGAL SUFFICIENCY (Assistant) city Attorney -15- 8t/8t 3DV'd - 0t~E8t9f108'OI 3NI~N3'V'^ ONV' S^V'W'WO~d 69'9t 86-6t-Nnr BXII.I~U DIE PLjUfS 1. Traffic SJ.gMl a.t IasJdn anll Loop Road and .a,ddit;Lon:l1 trilffic signa~ iJIIItrOVeJIen-t.s: 4. Sheet: 1 of 3 - Sic;rnali:z:aticn Plan, date!d 5/1;/9.); b. Shae1: 2 of 3 - TreLttic S1<p'l8 L Details, dat.9li 5.16/96; c. Sheet: 3 of 3 - P4"..en-: Mark LnC] and si~rning Pl:1n, dlLted. '!J/6/~16 (all prep8.1'ed by I.ang.ley & MCDollal.d, P. t::.) 2. Traff;lc SlCJnal and JIodj~ications ;It Loop R02!Ld aDII F:lrst Colon;lal: a. :;b.ee1: 1 ot 1 "Plara tor Slgna L Modificat:ion ilt ::'1rst Colorl1al and Republic Roa.d", dated 5/9}96, pre!?arE..-d. by La nC]J.ey & KcOonalcl, P. C. 3. Road eo:os1:ruction and l:nter:3ectio:l IDprovemE~ts a. Eepublic Road Cons:truc-:icln F Lans, dated 4/1!3/Si5, J~re~Lred by Enqinfterlnq Serv Lees, Inc.: (1) (11) ( i ii) (iv) Sheet 1 - Cc.""er :JhE~et Sheet 2 - Overall s.nd 'iet:ails Sheets 3 t.hru 6 -' Plan and Profile Shl3et:s Sheet E2 - l:rosi~n and Sediment C:ontr':Jlj Deta:.ls 4.. Presently Planned clly Traf:fic si, JDal I51pro\'f!JllErnts ,1t First Cclon:ial ltoad and. Loop Road: a. Drawj.nqs prel)ared by Klmley-:torn and A~ISOciilte51 via a .::c'ntJ~act. with tbe City of" Vi::ginia Beac:h. 5. Drain4!1ge )~acilities on the :?rclper:y: a. :3heet: 2 - DrainaqEI and utill:y Plan of Hannilfo'=-d :3hoP1>pinC] Cerlter, datel! }..pri L 25, 1996 b. ::;hee1: 3 - Det:ail sheet fClr H mnaford Sl:Loppil19 :::enbel~ dated April 18, 1$196 * Both of 1::he (wove drawiIlg~. prepaI'ed. :)y Engineering ::;f!r'{i=E~s, Inc. and a;::e. listed onl.y to show tl:;e d~ainage fa<:=-lit::ies na<:eflsary for the rOi!lciway drainage. MI,."~.rr"A'nl All '4l>"'tl.:J.:, B 1 /l.l 3!)~'c:I 01<::::8t'3~0El'(]I 3N [~NgT~'^ ON'd :3J.':iW: AC'~I.: 1 a' 171 S6-61 -Nn. 01 (:U: r ~~,17(,8 t::? 0\00 ~ .: . .. ~ ~ HillTOP lOOP /REPUBlIC ROAD SCALE: 1" = 800' U ~1U/% 1&: ~ HOC REa.. ESTA1E ~ 0045183210 B04468496E. 8044684966 EHi I tEER 11'<<3 seRVlQi:Si t().951 f'OO2/W3 123 ~ ~ 22 'lJ6 11:44 I E'y...r. \!~.,.. 8 ("G--, I .. <D ~ ~'~r~-- ........ J:~';-- ................ ...... r~- , r-~ 'I ~ \ I ~'ji;;iII1- ... \ 1 ~:r...:s--- 1~ ~ JlJiQIJ.. !2tJ.I.CENtIRaJ OIUIN. ESltT. J @ @ ~. If K ~ ti ~ ~OSEPH ST . - ~ . -< ..J ~ L-- ~, III ~ DENDTESt PlJ8I.1C ORAlNASE ~NT$ TO lIE ACDlJIRi"D flY 7'* C/Tr OF 1J1Jtt/N1A IIEADI OENf)TES: Pll8LIC DRAltWi6 EASEMNTS TO II 1JDJ1CATED BY HANNAI'tJRD $H(JPP IN; CDlr&R ~XJ-lI81T OF DRAINAGE EASEHENTS TO BE ACQUIRED BY THE CI TY OF VIRCINIA BEACH SCALEI 1-. 100' DATE: (J$~21;tJS PROJ~~r: C15101 0fI(;1 EXHIBiT 8t/lot 30Vd 0t~E8tS~08'Ol 3Nl~N3~V^ ONV S^VW'WO~d as'st sa-at-Nor OCV'lfV<:Jb lb:S2 t.().~1 ~ ,. '..- 8ZJA~9&6 123 P&ve4 rAY 22 '96 11:~ ClIIM:itmal_ " 0 0 \ 0 PROPOSED \ HANNAFORD 0 Ot 0 SHOPPING CENTER 0 0 r-~ f 0 \ f 0 ~ 0 \ I 'cD I 0 0 \ \ , \ -- 1,/ 8t/8t 3DU'd 0t~E:8t9f7008'OI 3NI~N3~U'^ ONU' S^U'W'WO~d 89'9t S8-8t-Nn~ - 32 - Item V-K4 ORDINANCES ITEM # 40955 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to TRANSFER $98,800 from the General Fund Reserve for Contingencies to the Public Defender's FY 1995-1996 Operating Budget re increasing costs of Public Defender and Court-Appointed Attorney Services Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Robert K Dean, William JY. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E, Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: None June 25, 1996 1 AN ORDINANCE TO TRANSFER APPROPRIATIONS OF $98,800 FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES TO THE PUBLIC DEFENDER 3 OPERATING BUDGET TO FUND INCREASING COSTS OF PUBLIC DEFENDER AND 4 COURT APPOINTED ATTORNEY SERVICES 5 6 7 WHEREAS, the City has experienced an increase in the usage and costs of public defender and court 8 appointed attorney services during FY 1995-96; 9 10 WHEREAS, according to sections 19.1-163 and 19.1-163.2 of the Code of Virginia, it is the City's 11 responsibility to provide funding for court appointed and public defender costs for indigent persons charged with 12 jailable offenses that violate the Code of the City of Virginia Beach; 13 14 WHEREAS, based on current usage by the General District and Juvenile and Domestic Relations District 15 Courts, the City projects total expenditures for FY 1995-96 for public defender and court appointed attorney services 16 will be $260,800 which will exceed current appropriations by $98,800; 17 18 WHEREAS, the City requests that funds in the amount of $98,800 be transferred from the General Fund 19 Reserve for Contingencies to the FY 1995-96 City operating budget for the Public Defender to fund the increasing 20 costs of public defender and court appointed attorney services for indigent persons charged with violations of the City 21 Code involving jailable offenses; 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 24 VIRGINIA, that funds in the amount of $98,800 be transferred from the General Fund Reserve for Contingencies to 25 the FY 1995-96 Operating Budget of the Public Defender to fund the increasing costs of public defender and court 26 appointed attorney services. 27 28 This ordinance shall be effective from the date of its adoption. 29 Adopted by the Council of the City of Virginia Beach, Virginia on the 25 day of 30 June ,1996. 31 32 33 34 35 APPROVED AS TO LEGAL SUFFICIENCY AND FORM -~ 36 DEPARTMENT OF MANAGEMENT SERVICES CITY ATTORNEY 37 38 39 c:\budget\95-96\pubdef96.ord vol. 54 June 14, 1996 8gb - 33 - Item V-K5 CONSENT AGENDA RESOLUTIONS/ORDINANCES ITEM # 40956 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to TRANSFER $2,588 from the General Fund Reserve for Contingencies re reimbursement of the Water and Sewer Fund for the costs of Water and Sewer fees associated with the construction of the 1996 Charity House being built by The Ashcroft Company on Lot 1395, Section 23, of Red Mill Farm/South Shore Estates (2196 Bierce Drive) (PRINCESS ANNE BOROUGH), Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Bawn, Linwood O. Branch, III, Robert K Dean, William w: Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 25, 1996 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6 AN ORDINANCE AUTHORIZING THE TRANSFER OF $2,588 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES FOR THE PURPOSE OF REIMBURSING THE WATER AND SEWER FUND FOR THE COSTS OF WATER AND SEWER FEES ASSOCIATED WITH THE CONSTRUCTION OF THE 1996 CHARITY HOUSE 7 WHEREAS, the Tidewater Builders Association (TBA) 8 supports the Boys and Girls Club by donations generated from 9 proceeds of the sale of the TBA Homearama Charity House; WHEREAS, the City of Virginia Beach wishes to show its support for this charitable project by reimbursing the Water and Sewer Fund for the costs of water and sewer fees associated with the construction of the 1996 Charity House; and WHEREAS, the 1996 Charity House is being built in the Red Mill Farm/South Shore Estates subdivision by The Ashcroft Company, and the cost of construction includes water and sewer fees of $2,588. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby authorizes the transfer of $2,588 from the General Fund Reserve for Contingencies for the purpose of reimbursing the Water and Sewer Fund, as a charitable gift, for the costs of water and sewer fees associated with the construction of the Tidewater Builders Association's 1996 Charity House. Adopted ~ the Council of the City of Virginia Beach, Virginia, on the 2 day of June , 1996. CA-6278 ORDIN\NONCODE\CHARITY.ORD R-1 PREPARED: 06/11/96 APPROVED AS TO LEGAL SUFFICIENCY - 34- Item V-K6 CONSENT AGENDA RESOLUTIONS/ORDINANCES ITEM # 40957 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to accept an Offer of Dedication to the City of Virginia Beach of the property commonly referred to as the Ferry Farm House (Parcel B, Old Donation Farm); and, authorize the City Attorney to advise the owners of the City ~ acceptance of the offer in accordance with the terms specified (BAYSIDE BOROUGH). Resolution of the Virginia Beach Historic Review Board SUPPORTING the proposed plan of the Friends of The Ferry Plantation House to maintain the historic resource is hereby made a part of the record. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branch. III, Robert K Dean, William Tv. Harrison, Jr., Harold Heischober, Barbara M, Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 25, 1996 1 AN ORDINANCE TO ACCEPT AN OFFER OF 2 DEDICATION TO THE CITY OF VIRGINIA 3 BEACH, VIRGINIA OF THE PROPERTY 4 COMMONLY REFERRED TO AS THE FERRY 5 FARM HOUSE 6 WHEREAS, the attorney for the owner's of the Ferry 7 Farm House (property), acting on behalf of his clients, has offered 8 to dedicate the property to the City of Virginia Beach; 9 WHEREAS, the Council of the City of Virginia Beach 10 desires to accept the offer of dedication of the property to the 11 City. 12 THEREFORE, BE IT RESOLVED that the offer of 13 dedication for the Ferry Farm House which is set forth in the 14 letter from Howard R. Sykes, Jr., Esquire, attached hereto is 15 hereby accepted; and 16 BE IT FURTHER RESOLVED that the city Attorney is 17 hereby authorized and directed to advise the owners of the City'S 18 acceptance of the offer in accordance with the terms specified in 19 the attached letter. 20 Adopted by the Council of the Ci ty of Virginia 25 June Beach, Virginia, on the day of , 1996. 21 22 23 24 CA-6361 NONCODE\6361.0RD R-1 ONTENTS SIGNATURE .Mw DEPARTMENT TO LEGAL FORM ~. CITY ATTORNEY SYKES, CARNES, BOURDON & AHERN, E C. JON M. AHERN R. EDWARD BOURDON, JR. THOMAS S. CARNES JAMES T. CROMWEll LINDA NYE HUSS KEITH L. KlMBAll KIRK B. LEVY TODD M. LYNN JENNIFER D. ORAM-SMITH HOWARD R. SYKES, JR. ATTORNEYS AND COUNSELORS AT LAW PEMBROKE OFFICE PARK PEMBROKE ONE-THE FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462-2989 TELEPHONE 499-8971 AREA CODE 804 FACSIMILE (804) 456-5445 OR 671-1454 June 1 8 , 1 996 Gary Fentress, Esquire Deputy City Attorney City of Virginia Beach Municipal Center Virginia Beach, VA 23456-9004 Re: Old Donation Farm Ferry Farmhouse Dear Mr. Fentress: I am the attorney for Aaron H. Evans, James S. Conway, Michael M. Evans and Robert L. Garretty ("owners") who are the owners of the property commonly referred to as the "Ferry Farm House" and which is designated and described as "PARCEL B" on the plat of Old Donation Farm, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2763, at page 195 thru 197. On behalf of the owners I have been authorized to make the following offer of dedication of the Ferry Farm House to the City of Virginia Beach: 1 . The owners hereby offer to donate the Ferry Farm House to the City of Virginia Beach at no cost to the City. Consorts of owners; if any, will join in the deed to release any claim or inchoate spousal interest. 2. This offer shall remain open for a period of one hundred and eighty (180) days and may be accepted by the City by your mailing notice to me at the address specified on this letterhead wi thin 180 days of this letter, advising me that the City has accepted this offer from the owners to donate the property. 3. Closing shall occur wi thin thirty (30) days of receipt of notice of the City's intention to accept the offer of dedication. SYKES, CARNEs, BOURDON, & AHERN, P. C. Gary Fentress, Esquire June 18, 1996 Page Two 4. If accepted, the Ferry Farm House will be conveyed to the City of Virginia Beach by Special Warranty deed, subject to existing easements and restrictions. 5. The property will be conveyed to the City "as is" and the owners make no warranty as to the physical condition of any improvements on the property. HRSjr/lbu - 35 - Item V-K7 CONSENT AGENDA RESOLUTIONS/ORDINANCES ITEM # 40958 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance authorizing Tax Refunds in the amount of $1,477.98 upon application of certain persons and upon Certification of the City Treasurer for payment. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Robert K Dean, William JY. Harrison, Jr., Harold Heischober, Barbara M, Henley, Louis R Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 25, 1996 b/ bj '::1b '( =ORM NO. C,A. 7 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty Int, Total Year of Tax Number tion No. Paid Pembroke Commercial Blda 96 RE(2/2) 120252-6 2/21/96 34.95 Pembroke Commercial Bldg 96 RE(2/2) 120253-5 2/21/96 198.72 Regions Mortgage Jnc 96 RE (1/2) 026123-2 12/5/95 20.38 Albert N Vinciguerra Trustee 96 RE (1/2) 123925-7 11/17/95 132.31 Central Fidelity Bank NA 96 RE(1/2) 109408-2 12/5/95 582.53 John F & Althea Hinn 96 RE(1/2) 054486-5 11/24/95 3.04 John F & Althea Hinn 95 RE (1/2) 053533-1 11/10/94 2.92 John F & Althea Hinn 95 RE(2/2) 053533-1 5/26/95 2.92 John F & Althea Hinn 94 RE (1/2) 053109-6 11/16/93 2.92 John F & Althea Hinn 94 RE(2/2) 053109-6 5/13/94 2.92 John F & Althea Hinn 93 RE(1/2) 052383-6 11/13/92 2.79 John F & Althea Hinn 93 RE(2/2) 052383-6 6/1/93 2.79 Billy G & Carol Taylor 95 RE (1/2) 116446-2 11/18/94 75.24 Billy G & Carol Taylor 95 RE(2/2) 116446-2 5/24/95 75.24 Billy G & Carol Taylor 94 RE(1/2) 115570-3 12/5/93 73.87 Billy G & Carol Taylor 94 RE(2/2) 115570-3 6/5/94 73.87 Billy G & Carol Taylor 93 RE (1/2) 114402-1 11/18/92 70.64 Billy G & Carol Taylor 93 RE(2/2) 114402-1 5/26/93 70.64 John E Smith 95 PP 197847-6 2/12/96 42.60 John E Smith 95 PP 197848-5 2/12/96 6.69 Tota 1 1 ,477 . 98 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $l,47l-.91L-_ were approved by the Council of the City of Virginia Beach on the 25_day otJune, 1996. Approved as to form: Ruth Hodges Smith City Clerk L~~ - 36 - ITEM # 40959 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Wit: Performance of Appointed Officials Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed into EXECUTWE SESSION. (6:40 P.M.) Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William Jv. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 25, 1996 - 37- ITEM # 40960 Mayor Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 25, 1996, at 7:10 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert K Dean, William lv. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf, Nancy K Parker and Louisa M Strayhorn Council Members Absent: Vice Mayor William D. Sessoms, Jr. June 25, 1996 - 38- Item V-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 40961 Upon motion by Councilman Baum, seconded by Council Lady Parker, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Robert K Dean, William 'W: Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R, Jones, Mayor Meyera E. Oberndorf, Nancy K Parker and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr, June 25, 1996 .r8uluttu" CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 40959 Page No. 36 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive 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 Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. ~ Ruth Hodges mith, CMC/AAE City Clerk June 25, 1996 - 39- Item V-L. PUBliC HEARING ITEM # 40962 PLANNING Mayor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. NO ACTION ITEMS a. NEIGHBORHOOD ASSEMBLY OF GOD CONDITIONAL USE PERMIT b. PEP BOYS CONDITIONAL USE PERMIT 2. PLANNING a. HANNAFORD BROS., COMPANY STREET CLOSURE b. HICKORY PROPERTIES, L.L.C. STREET CLOSURE c. JAMES L. HARRELL, III AND C. W. HARRELL AND ASSOCIATES CONDITIONAL USE PERMIT d. ACE OF KEMPSVILLE, INC. CONDITIONAL USE PERMIT e. TABERNACLE BAPTIST CHURCH CONDITIONAL USE PERMIT f. MARY KAREN C. AND A. NEAL KELLUM CHANGE OF ZONING and CONDITIONAL USE PERMIT g. VIRGINIA BEACH DEVELOPMENT AUTHORITY MODIFICATION OF CONDITIONS h. CITY CODE AMENDMENTS PERMITS AND INSPECTIONS DEPARTMENT OF PLANNING DEPARTMENT OF PUBliC WORKS CITY ENGINEER Chapter 2, Sec.267,2-268,2-273, 2-274, 2-275 and 2-382 and ADDING 2-386, 2-387 and 2-388/Chapter8, Sec. 8-1, 8-2, 8-8, 8-27 and 8-782/ Chapter 30, Sec. 30-57, 30-60 and 30-74/Subdivision Ord. Sec. 1.4, 4.2, 4.4, 5.5, 5.6, 6.1 and 7.6/Site P1o.n Ordinance Sec. 1, 4 and 5. June 25, 1996 - 40- Item V-L. PUBUC HEARING ITEM # 40963 PLANNING BY CONSENT Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council APPROVED in ONE MOTION Items 2a, b, d, e, f, g, and h (1),(2),(3),(4),(5) of the PLANNING BY CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Robert K Dean, William Jv. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. Councilman Harrison ABSTAINED on Item V-L.a., as his law firm represents Hannaford Brothers. June 25, 1996 - 41 - Item V-L.1.a, PUBLIC HEARING ITEM # 40964 PLANNING THIS ITEM WAS DEFERRED INDEFINITELY BY THE PLANNING COMMISSION AND NO ACTION IS REQUIRED BY CITY COUNCIL AT THIS TIME. ORDINANCE UPON APPLICATION OF NEIGHBORHOOD ASSEMBLY OF GOD FOR A CONDITIONAL USE PERMIT FOR A CHURCH Ordinance upon application of Neighborhood Assembly of God for a Conditional Use Permit for a church on the east side of Princess Anne Road, south of Vaughan Road. The parcel is located at 1196 Princess Anne Road and contains 11.649 acres. June 25, 1996 - 42 - Item V-L.l.b. PUBliC HEARING ITEM # 40965 PLANNING THIS ITEM WAS DEFERRED INDEFINITELY BY THE PLANNING COMMISSION AND NO ACTION IS REQUIRED BY CITY COUNCIL AT THIS TIME. ORDINANCE UPON APPLICATION BY PEP BOYS FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE REPAIR FACILI1Y Ordinance upon application by Pep Boys for a Conditional Use Permit for an automotive repair facility on the south side of Indian River Road, west of Kempsville Road. Said parcel is located at 5405 Indian River Road and contains 2.637 acres. KEMPSVILLE BOROUGH June 25, 1996 - 43 - Item V-L.2,a. PUBliC HEARING ITEM # 40966 PLANNING BY CONSENT Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council AUTHORIZED AN ADDITIONAL 180 day DEFERRAL until the City Council Session of December 10, 1996, petition of HANNAFORD BROS. CO. for the discontinuance, closure and abandonment of a portion of Republic Road (Bonney Parkway). Petition of Hannaford Bros., Co" for the discontinuance, closure and abandonment of a portion of Republic Road (Bonney Parkway) beginning at a point 950 feet more or less west of First Colonial Road and running westerly and southerly to the northern property line of Laskin Road. Said parcel is 60 feet in width. LYNNHA VEN BOROUGH. Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, llI, Robert K Dean, Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: William Jv. Harrison, Jr. Council Members Absent: Vice Mayor William D. Sessoms, Jr. Councilman Harrison ABSTAINED as his law firm represents Hannaford Brothers. June 25, 1996 - 44 - Item V-L.2. b. PUBLIC HEARING ITEM # 40967 PLANNING BY CONSENT Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council APPROVED, subject to compliance of conditions by December 10. 1996, Petition of HICKORY PROPERTIES, LL.C. for the discontinuance. closure and abandonment of a portion of Old Donation Parkway: Petition of Hickory Properties, L.L. e., for the discontinuance, closure and abandonment of a portion of Old Donation Parkway (unimproved), beginning at the Southeastern terminus of Pembroke Boulevard and running in a Southeasterly direction along the boundaries of Lots 34 and 35, J.e. Hudgins Shores, containing 1.1021 acres (BAYS/DE BOROUGH). The following conditions shall be required: 1. The applicant must submit a plat to the City closing the right- of-way and creating two (2) residential lots that conform to the R-20 Residential District. Approximately 7,440 square feet of the site shall be incorporated into adjacent Lot 35 of the Hudgins Shores subdivision. 2. Prior to final street closure approval, the written agreement between the developer and the City shall be finalized in a form acceptable to the City Attorneys Office and fully executed. 3. The applicant agrees to pay $68,550 to the City for the value of the right-of-way proposed for closure. A first deed of trust or other arrangement suitable to the City Attorney's Office to secure payment shall be submitted prior to final street closure approval. 4. Prior to final site street closure approval, the applicant shall work with the Old Donation Farms Homeowners Association and have an agreement executed that essentially incorporates the two proposed lots into the Old Donation Farms Subdivision. Membership in the homeowners association and deed restrictions shall be addressed. 5. The applicant is responsible for determining if any private utilities are located within the area proposed for closure and working with the private utility companies to provide any necessary easements. Preliminary comments from the private utility companies indicate that no private utilities will be impacted, 6. Closure of the right-of-way shall be contingent upon compliance with the above-stated conditions within 180 days of the approval by City Council. June 25, 1996 - 45- Item V-L.l.b. PUBUC HEARING ITEM # 40967 (Continued) PLANNING BY CONSENT Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William Jv. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. June 25, 1996 - 46 - Item V-L.2.c. PUBliC HEARING ITEM # 40968 PLANNING Attorney Bill Bischoff represented the applicant The following represented the Lago Mar Civic Association and spoke in OPPOSITION: Elizabeth C. Wakskicenski, 987 Camino Real South, Phone: 721-2318 Ben Miller, 2508 La Mirage Court, Phone: 426-6821 Elizabeth A. Palmquist, 1136 Cordova Court, Phone: 721-3428 Bob Lawson, 1031 Camino Real South, Phone: 721-7318 Owen P. Honors, 865 Los Colon is Drive, Phone: 426-3193 A MOTION was made by Councilman Dean, seconded by Council Lady Henley to DENY an Ordinance upon Application of JAMES L. HARRELL, III and C. W. HARRELL and ASSOCIATES for a Conditional Use Permit. Upon SUBSTITUTE MOTION by Councilman Branch, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon Application of JAMES L. HARRELL, III and C. W. HARRELL and ASSOCIATES for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF JAMES L. HARRELL, III AND C. w: HARRELL AND ASSOCIATES FOR A CONDITIONAL USE PERMIT R06962043 BE IT HEREBY ORDAINED BY TIlE COUNCIL OF THE CIIY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of James L. Harrell, III & c. w: Harrell & Associates for a Conditional Use Permit for a gasoline service station in conjunction with a convenience store on the north side of Sandbridge Road, east of Entrada Drive. Said parcel is located at 1756 Sandbridge Road and contains 40,075 square feet. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. The hours of operation shall be from 7 AM to 11 PM. 2. This use shall be in compliance with the site plan presented to the Planning Commission on April 19, 1996, 3, No lights shall be located on the upper canopy. 4. A pedestal sign shall replace the present sign. 5. Graffiti shall be removed from the building. 6. Underground storage systems shall conform with the specifications submitted 25 June 1996 as an Addendum to the original plan. 7. State-of-the-Art gasoline pumps shall be installed. Only two (2) tanks with four (4) hoses. June 25, 1996 - 47- Item V-L.2.c. PUBLIC HEARING ITEM # 40968 (Continued) PLANNING 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 Twenty-fifth of June. Nineteen Hundred and Ninety-Six. Voting: 7-4 Council Members Voting Aye: John A. Bawn, Linwood O. Branch, III, William ~ Harrison, Jr., Harold Heischober, Louis R. Jones, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Robert K Dean, Barbara M. Henley, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Absent: None June 25, 1996 - 48- Item V-L.2,d. PUBLIC HEARING ITEM # 40969 PLANNING BY CONSENT Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council ADOPTED an Ordinance upon application of ACE OF KEMPSVILLE, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ACE OF KEMPSVILLE INe. FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE RENTALS R06962044 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Ace of Kempsville Inc., for a Conditional Use Permit for motor vehicle rentals on the north side of Princess Anne Road, 200 feet more or less east of Overland Road. Said parcel is located at 5168 Princess Anne Road and contains 1.35 acres. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. No more than four (4) rental trucks shall be present on the site at any given time. 2. The applicant shall only store trucks on the Northeast portion of the site, up to 17 feet in length for rental purposes on site. However, returned trucks from other locations up to 26 feet in length may be stored on the site for short periods, awaiting pickup from the parent rental company. Those trucks awaiting pickup from the parent rental company will not remain on the property for more than seven (7) days. 3. The storage space directly adjacent to the single-family residence shall only be used for the temporary storage of returned trucks, This Ordinance shall be effective in accordance with Section 107 if) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth of June. Nineteen Hundred and Ninety-Six. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William w: Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. June 25, 1996 - 49- Item V-L.2.e. PUBLIC HEARING ITEM # 40970 PLANNING BY CONSENT Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council ADOPTED an Ordinance upon application of TABERNACLE BAPTIST CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TABERNACLE BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH DORMITORY (STUDENT LIVING QUARTERS) R06962045 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Tabernacle Baptist Church for a Conditional Use Permit for a church dormitory (student living quarters) on the west side of Whitehurst Landing Road, north of Providence Road. Said parcel is located at 757 Whitehurst Landing Road and contains 1.532 acres. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. A maximum of ten (10) students shall be housed on the site. 2. The applicant shall adhere to the submitted site plan dated 9 March 1996. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance, Adopted by the Council of the City of Virginia Beach. Virginia, on the Twenty-fifth of June. Nineteen Hundred and Ninety-Six. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Robert K Dean, William J.v. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. June 25, 1996 I I - 50 - Item V-L.2.f. PUBliC HEARING ITEM # 40971 PLANNING BY CONSENT Upon nwtion by Councilman Branch, seconded by Council Lady Strayhorn, City Council ADOPTED Ordinances upon application of MARY KAREN C. and A. NEAL KELLUM for a Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF MARY KAREN C. & A. NEAL KELLUM FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-1 to R-7.5 Z06961494 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Mary Karen C. & A. Neal Kellum for a Change of Zoning District Classification from 0-1 Office District to R- 7.5. Residential District at the southwest corner of Bonney Road and Happy Street. The proposed zoning classification change to R-7.5 is for single family land use on lots no less than 7,500 square feet. The Comprehensive Plan recommends use of this parcel for office use in accordance with other Plan policies. Said parcel is located at 105 Happy Street and contains 9,147 square feet more or less. KEMSPVILLE BOROUGH. AND, ORDINANCE UPON APPLICATION OF MARY KAREN C. & A. NEAL KELLUM FOR A CONDITIONAL USE PERMIT FOR A CREMATORY R06962046 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Mary Karen C. & A Neal Kellum for a Conditional Use Permit for a crematory at the southwest corner of Bonney Road and Happy Street. Said parcel is located at 105 Happy Street and contains 9,147 square feet more or less. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. The applicant shall adhere to the submitted site plan entitled "Exhibit for Rezoning From B-2 to R-7.5 of Virginia Humaniteks", dated April 23, 1996. 2. The applicant shall also adhere to the submitted renderings entitled, "Happy Street and Bonney Road Elevations. " 3. Signage on the site shall be monument-type with external illumination. 4. All animals and cadavers shall be removed from vehicles within the confines of the structures completely out of public view. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach. Virginia, on the Twenty-fifth of June. Nineteen Hundred and Ninety-Six. June 25, 1996 - 51 - Item V-L.2.f. PUBLIC HEARING ITEM # 40971 (Continued) PLANNING BY CONSENT Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Robert K Dean, William w: Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. June 25, 1996 - 52 - Item V-L.2.g. PUBLIC HEARING ITEM # 40972 PLANNING BY CONSENT Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council AUTHORIZED: VIRGINIA BEACH DEVELOPMENT AUTHORITY'S Modification of Conditions attached to rezonings granted on 13 June 1988, 14 August 1989, 9 November 1993 and 22 November 1994, on the South side of Dam Neck Road, West of General Booth Boulevard (Corporate Landing), to allow flexibility of uses within the R & D as well as in the MDO Districts, containing 337 acres (PRINCESS ANNE BOROUGH). Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William w: Harrison, Jr., Harold Heischober, Barbara M, Henley, Louis R, Jones, Mayor Meyera E. Oberndorf, Nancy K Parker and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. June 25, 1996 , I I . "' L::M '\J:". p.S \ 8 City of Virgi~ia Beach INTER-OFFICE CORRESPONVENCE In Reply Refer To Out File No. DF-96-4044 DATE: June 17, 1996 TO: Leslie L. Lilley William M. Maca1i W4J1 DEPI': City Attorney FROM: DEPI': City Attorney RE: Conditional Zoning Application Virginia Beach Development Authority The above-referenced conditional zoning application is scheduled to be heard by the City Council on June 25, 1996. I have reviewed the subject proffer agreement, dated January 16, 1996, and have determined it to be legally sufficient and in proper legal fonn. 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. WMM Enclosure I I CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY TO (COVENANTS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 16th day of January, 1996, by and between the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (A/K/A DEVELOPMENT AUTHORITY OF THE CITY OF VIRGINIA BEACH, VIRGINIA) (the "Grantor"), and the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia (the "Grantee"); WITNESSETH THAT: WHEREAS, by agreement entered into by and between Grantor and Grantee, dated June 13, 1988, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, (Clerk's Office) in Deed Book 2845, at page 1773, said agreement being referred to hereinafter as "Agreement No.1," Grantor voluntarily proffered, in writing, certain conditions as part of an amendment to the Zoning Map which changed the classification of Grantor's property from AG-1 to I-l on certain property containing a total of 252.204 acres, more or less, in the Princess Anne Borough, in the City of Virginia Beach, Virginia, which property is more particularly described therein; and WHEREAS, by agreement entered into by and between Grantor and Grantee, dated July 3, 1989, and duly recorded in the Clerk's Office in Deed Book 2850, at page 1127, said agreement being referred to hereinafter as "Agreement No.2," Grantor voluntarily proffered, in writing, certain conditions as part of an amendment to the Zoning Map which changed the classification of Grantor's property from AG-1 and AG-2 to I-1 and B-2 on certain property containing a total of 120.2 acres, more or less, in the Princess Anne Borough, in the city of Virginia Beach, Virginia, which property is more particularly described therein; and WHEREAS, by agreement entered into by and between Grantor and Grantee, dated June 15, 1993, and duly recorded in the Clerk's Office in Deed book 3307, at page 937, said agreement being referred to hereinafter as "Agreement NO.3," Grantor voluntarily proffered, in writing, certain conditions as part of an amendment to the zoning Map which changed the classification of Grantor's property from AG-1, AG-2, 1-1, and B-2 to 1-1 and B-2 on certain property containing a total of .41.617 acres, more or less, in the Princess Anne Borough, in the city of virginia Beach, which property is more particularly described therein and constitutes a portion of the property described in Agreement No.1; and WHEREAS, Agreement No.1, Agreement No. 2 and Agreement No. 3 are hereinafter cOllectively referred to as the "prior Proffers"; and 1, WHEREAS, the Grantor has initiated an amendment to the zoning Map of the City of Virginia Beach, virginia, by petition of Grantor addressed to Grantee, so as to change the Zoning Map by permitting a modification of the covenants and conditions contained in the Prior Proffers and binding upon a portion of the Grantor's property containing 305 acres, more or less, said property being referred to hereinafter as the "Property," and being more particularly described on the attached "Exhibit A"; and WHEREAS, the Council of the city of Virginia Beach, Virginia has approved the Grantors request to modify the prior proffers as recited herein as is evidenced by a certified copy of an Ordinance to such effect attached hereto and to be recorded t I r herewith; and , J WHEREAS, Grantee's policy is to provide only for the orderly development of land, for various purposes, including business and industrial purposes, through zoning and other land development legislation; and WHEREAS, Grantor acknowledges that the competing and f. r' k 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 change and the need for various types of uses, including industrial and office, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to . ! } ~ 'I 2 I I land similarly zoned 1-1 and B-2 are needed to cope with the situation which Grantor's rezoning application gives rise to; and WHEREAS, Grantor has voluntarily proffered in writing, in advance of and prior to the public hearing before Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the I-1 and B-2 zoning districts or zones by the existing overall Zoning Ordinance, the following reasonable oondi tions related to the physioal development and operation of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property described above, which have a reasonable relation to the zoning and the need for which is generated by the Grantor's requested modification of conditions; and WHEREAS, said conditions having been proffered by Grantor and allowed and accepted by Grantee as part of the amendment to the prior proffers and the Zoning ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by suoh conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of a 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 Cirouit 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 by Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of Grantee, after a public hearing before Grantee advertised pursuant to the provisions of Code of Virginia, S 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent; NOW, THEREFORE, Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, 3 voluntarily and without any requirement by or exaction from Grantee or its governing body and without any element of compulsion or gyig pro auo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of condi tions and restrictions as to the physical development and operation of the subject Property and governing the use thereof and hereby covenants and agrees that this declaration 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 Grantor, its personal representatives, assigns, grantees, and other successors in interest or title, namely: 1. All uses permitted in the R & D Research and Development Office Warehouse District (R & D) shall be permitted within the MDO Medium Density Office Use District (MDO). Likewise, all uses permitted within the MOO district shall be permitted within the R & D district. 2. In addition to the uses identified in the prior proffers, within the R & D and MOO districts the following uses are permitted: Manufacturing Public buildings and grounds Heliports. Provided, however, that no portion of a heliport may be located within 500 feet of residentially zoned property. 3. Except as modified herein, the prior Proffers shall remain in full force and effect. All references hereinabove to the 1-1 and B-2 districts and to the requirements and regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of December 1, 1995, which is by this reference incorporated herein. 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 4 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 that constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by the decision of the Zoning Administrator made pursuant to the provisions, Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subj ect 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 Planning Department 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 Grantor and Grantee. WITNESS the following signatures and seals. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY BY: /~ F~ Kenneth F. Palmer, Chairman < STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I~\)'~C\.&"""O~nH) , a Notary Public, in and for the City and state aforesaid, do hereby certify that KENNETH F. PALMER, Chairman of the CITY OF VIRGINIA BEACH DEVELOPMENT 5 EXHIBIT A All those certain tracts, pieces or parcels of land, with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated as "PARCEL 2" AND "PARCEL 3" as shown on that certain plat entitled "SUBDIVISION OF CORPORATE LANDING FOR CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, PRINCESS ANNE BOROUGH--VIRGINIA BEACH, VIRGINIA", da t ed June, 1991, prepared by Langely and McDonald, Engineers- Planners -Surveyors, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 216, at pages 80-90. LESS AND EXCEPT that portion of the above-described property conveyed to Al-Anon Family Group Headquarters, Inc., a New York non-stock corporation, by Deed dated July 18, 1995, duly recorded in the aforesaid Clerk's Office in Deed Book 3524, at page 1947, and shown in Map Book 244, at pages 55-57. LESS AND EXCEPT that portion of the above-described property conveyed to Oceana Sensor Technologies, Inc., a Virginia corporation, by Deed dated October 2, 1995, duly recorded in the aforesaid Clerk's Office in Deed Book 3549, at page 2121, and shown in Map Book 246, at pages 41-43. IT BEING a part of the same property conveyed to the City of Virginia Beach Development Authority in the following deeds: 1. Deed dated June 1, 1988, from Robert W. Whi te , homme sole, duly recorded in the aforesaid Clerk's Office in Deed Book 2744, at page 726; 2. Deed dated June 1, 1988, from Robert W. Whi te , Jr. , homme sole, duly recorded in the aforesaid Clerk's Office in Deed Book 2744, at page 728; 3. Deed dated June 1, 1988, from Kathryn W. Utley, et vir, duly recorded in the 'aforesaid Clerk's Office in Deed Book 2744, at page 730; 4. Deed dated June 1, 1988, from Elizabeth Hope White, unmarried, duly recorded in the aforesaid Clerk's Office in Deed Book 2744, at page 732; 5. Deed dated June 1, 1988, from Margaret Lynn White, unmarried, duly recorded in the aforesaid Clerk's Office in Deed Book 2744, at page 735. 6. Deed dated June 1, 1988, from Robert W. White, homme sole, duly recorded in the aforesaid Clerk's Office in Deed Book 2744, at page 749; 7. Deed dated June 1, 1988, from Robert W. White, Trustee, duly recorded in the aforesaid Clerk's Office in Deed Book 2744, at page 751; 8. Deed dated June 1, 1988, from Richard Lloyd White, unmarried, duly recorded in the aforesaid Clerk's Office in Deed Book 2744, at page 737, re-recorded in Deed Book 2786, at page . 1988; 9. Deed dated December 6, 1989, from Douston Partnership, a Virginia limited partnership, duly recorded in the aforesaid Clerk's Office in Deed Book 2877, at page 472; 10. Deed dated December 6, 1989, from ESG Enterprises, Inc. a Virginia corporation, duly recorded in the aforesaid Clerk's Office in Deed Book 2877, at page 476; 11. Deed dated December 6, 1990, from ESG Enterprises, Inc. a Virginia corporation, duly recorded in the aforesaid Clerk's Office in Oeed Book 2925, at ~age 1554; 12. Deed dated July 20, 1990, from Guy 0 . Ai 1 stock and Peggy W. Ailstock, husband and wife, duly recorded in the aforesaid Clerk's Office in Deed Book 2926, at page 1111; 13. Deed dated July 20, 1990, from John M. Steadman and Eileen W. Steadman, husband and wife, duly recorded in the aforesaid Clerk's Office in Deed Book 2926, at page 1114; 12/20/95 CORP. DES AUTHORITY, whose name as such is signed to the foregoing Deed, have acknowledged the same before me in my City and state aforesaid. GIVEN under my hand this ~4- ~ day of ~ ,1996. \ ~1."'- ~, hn'-ub\1~ Notary Public My Commission Expires: 3~ ~\ ~~~ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Fc4-tl. L. Pc~ \ \ , a Notary Public in and for the city and State aforesaid, do hereby certify that w. BRANTLEY BASNIGHT, III, SECRETARY for the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, whose name as such is signed to the foregoing Deed, has acknowledged the same before me in the City of Virginia Beach, State of Virginia. GIVEN under my hand this :l4+h day of ~ ' 1996. ~{P~ Notary Public My Commission Expires: '1/30/2.000 G: \OA T A \FORMS\DEV A tTl'H\PROFFER.1 OS/23/96 6 - 53 - Item V-L.2.h. PUBUC HEARING ITEM # 40973 PLANNING BY CONSENT Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinances to AMEND the Code of the City of Virginia Beach: Chapter 2, Sections 2-267, 2-268, 2-273, 2-274, 2-275 and 2-382 re the composition and functions of the Permits and Inspections Division and the Weights and Measures Bureau under the Department of Public Works and modifying the functions of the Engineering Division; and ADDING Sections 2- 386, 2-387 and 2-388 re the placement of the Permits and Inspections Division and the Weights and Measures Bureau under the Department of Planning. Chapter 8, Sections 8-1, 8-2, 8-8, 8-27 and 8-72 by DELETING the term Special Police Officer; changing the term Person to Inspector; and, changing all references to the Department of Public Works to the Department of Planning. Chapter 30, Sections 30-57, 30-60 and 30-74 by changing all references to the Department or the Director of Public Works to the Department or the Director of Planning. Subdivision Ordinance: Sections 1.4, 4.2, 4.4, 5.5, 5.6, 6.1 and 7.6 by changing references to the Department or the Director of Public Works to the Department or the Director of Planning or his designee, or the City Engineer. Site Plan Ordinance: Sections 1, 4 and 5 by changing references to the Department or the Director of Public Works, or the City Engineer, to the Director of Planning or his designee. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert K Dean, William J.v. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms. Jr. June 25, 1996 1 2 AN ORDINANCE TO AMEND CHAPTER 2 OF THE CITY 3 CODE BY MODIFYING THE PROVISIONS CONCERNING 4 THE COMPOSITION AND FUNCTIONS OF THE 5 ENGINEERING DIVISION OF THE DEPARTMENT OF 6 PUBLIC WORKS AND THE WEIGHTS AND MEASURES 7 BUREAU AND THE PERMITS AND INSPECTIONS 8 DIVISION OF THE DEPARTMENT OF PLANNING 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That Chapter 2, sections 2-267, 2-268, 2-273, 2-274, 2-275, 12 and 2-382 of the Code of the city of Virginia Beach, Virginia, are 13 hereby amended and reordained and sections 2-386, 2-387, and 2-388 14 are added to read as follows: 15 Sec. 2-267. Divisions established. 16 There shall be, within the department of public works, the 17 following divisions: 18 (1) Engineering division. 19 (2) Highway division. (3) Solid waste division. 20 21 (4) Traffic engineering division. 22 (5) Office of real estate. 23 (6) rermito ~nd inopectiono divioion. 24 -R+ m.. Parking systems management office. 25 26 Sec. 2-268. composition, division. functions, etc., of engineering 27 (a) The engineering division of the department of public 28 works, subject to the supervision and control of the director of 29 public works, shall be headed by the city engineer, who shall be a 30 civil engineer, shall have a through knowledge of municipal 31 engineering and shall be charged with maintaining official 32 technical records of all streets, highways and other public 33 properties, including utility lines on city properties; providing 34 engineering plans, drawings, specifications and supervision for all 35 construction and maintenance work where required; providing or 36 reviewing all technical information for contracts submitted for 37 public works and public utilities operations or construction; 38 reTy'ie~dng for ~pproval pl~no and opecificationo, plat pIano ~nd 39 m~po for record~tion of oubdivioiono and other building projecto, 40 either or both; and providing engineering services and supervision 41 to the city as may be prescribed. 42 (b) The city surveyor shall serve within the engineering 43 division of the department of public works and shall be subject to 44 the supervision and control of the city engineer, and shall be 45 charged with the ascertainment, fixing and marking of lines of 46 streets, alleys and the boundaries of lots, the regulation of party 47 walls and partition fences and matters related thereto and such 48 other duties as may be required, assigned or prescribed. 49 (c) Police powers are hereby conferred upon the city engineer 50 and uooiotant city engineer or designated deputies~ ar, assistants 51 or inspectors while engaged in performing their duties, and they 52 ohull exercioe ull pO\lero and authority of police officero in 53 performing ouch dutieo. are each hereby qranted the authority to 54 issue stop-work orders. to serve written notices of violation. to 55 order the abatement of such violation and to issue a summons to the 56 qeneral district court to any person in the city who shall fail to 57 obey a lawful order contained in such stop-work order or notice of 58 violation. 59 Sec. 2-273. Reserved. oampoai tion af permi tfJ anEl inopootiono Eli~ifJian; police poworo of building offieia1 and EleputiefJ. 60 61 62 63 (a) The permito und inopectiono divioion of the department of 64 public wodco ohall be reoponoible for all mattero pertuining to, 65 and the enforcement of, the building code udopted by urticle II of 66 chapter 8 of thio Code and fire und health inopectiono for ne\: 67 conotruction, including the ordering, in \:riting, of the remedying 68 of any condition found in violation of ouch codeD or uny ordinunce, 69 und the bringing of legal uction to enoure compliunce there\:ith, 70 including injunction, ubutement and uny other uppropriute action or 71 proceedingo. 8uch divioion ohall perform ouch other dutieo uo muY 72 be required, aooigned or preocribed. 73 (b) Thero ohall be, within the permito und inopectiono 74 divioion, a building official. rolice pouero ure hereby conferred 75 upon the building officiul or deoignuted deputieG \..hile engaged in 2 76 performing their dutieo, and they ohQ.11 exercioe all pmlero Q.nd 77 authority of police officero in performing ouch dutieo. 78 79 Sec. 2-274. Reserved. composition of weighto and meaourco di~iaion, funetion; poliec powers. 80 (a) The liiCighto and lftcaoureo di TJioion of the department of 81 public "lOr)m oha11 bc rcoponoiblc for Q.ll mattero pertaining to 82 \leighto Q.nd meQ.oureo and complainto of frQ.ud Q.nd unlU'iliful prQ.cticeo 83 and dealingo ui th conoumers with reopect to \ieighto and lfteaoureo. 84 It ohall be the reoponoibility of thio divioion to oee that the 85 lQ.\iO of the otate and ordinanceo on the oubj ect of \leighto Q.nd 86 meaoureo are enforced in the city, Q.O "lell Q.O to enforce other 87 ruleo, regu1ationo, ordinanceo Q.nd IQ.\lS pertQ.ining to conoumero. 88 (b) There ohall be, within the \leighto and meaoureo diTv'ioion, 89 Q. oealer of weighto and meaoureo. He ohall hQ.ve ouch Q.dditionQ.l 90 dutieo Q.O may be aooigned by the city manager. 91 (c) rolice pmlero are hereby conferred upon the ueighto and 92 meQ.oureo divioion Q.nd the oCQ.ler of li,eighto and meaoureo and hio 93 deoignated deputieo or aooiotanto \ihile engaged in performing their 94 lmlful dutieo; and they are Q.uthori21ed to Q.rreot any violQ.tor of 95 ouch lQ.\lO Q.nd ordinanceo and to oeize, for uoe Q.O evidence, \lithout 96 forlftQ.1 \lQ.rrQ.nt, incorrect or unoealed \leighto Q.nd meQ.oureo or 97 Q.lftounto of paclcQ.geo or commoditieo found to be uoed, retained, 98 offered or expooed for oale or oold in violation of IQ.\i. 99 Sec. 2-275. Issuance of stop-work orders. 100 (a) Upon notice from the director of public works, any 101 division head subject to the supervision and control of the 102 director of public works or any of their designated deputies er~ 103 assistants or inspectors that work is being performed contrary to 104 the provisions of this Code, such work shall be immediately 105 stopped. The stop-work order shall be in writing and shall be given 106 to the owner of the property involved, or to the owner's agent, or 107 to the person doing the work, and shall state specific violation or 108 violations for which the order was issued and the conditions under 109 which work may be resumed. 110 (b) Any person who shall continue any work or have his agent 111 continue any work in or about the site after a stop-work order has 3 112 been issued, except such work as he is directed to perform by the 113 city official issuing the stop-work order to correct a violation or 114 unsafe condition, shall be guilty of a Class 1 misdemeanor. 115 . . . 116 Sec. 2-382. composition. 117 The department of planning shall consist of a director 118 appointed by the city manager and such assistants as may be 119 provided. The department of planning shall also include a permits 120 and inspections division. a weiqhts and measures bureau and a 121 zoning administrator who shall possess all powers and authority 122 granted to such officers by statute, ordinance or charter. 123 124 125 126 Sec. 2-386. Composition of permits and inspections division; police powers of bui1dinQ official. deputies and division inspectors. 127 (a) The permits and inspections division of the department of 128 planninq shall be responsible for all matters pertaininq to, and 129 the enforcement of. the Virqinia Uniform statewide Buildinq Code 130 ("USBC") and all model buildinq codes which have been adopted and 131 incorporated by reference into the code of the city of Virqinia 132 Beach under article II of chapter 8 hereof. fire and health 133 inspections for new construction. includinq the orderinq. in 134 writinq. of the remedyinq of any condition found in violation of 135 such codes or any ordinance. and the brinqinq of leqal action to 136 ensure compliance therewith. includinq iniunction. abatement and 137 any other appropriate action or proceedinqs. Such division shall 138 perform such other duties as may be required. assigned or 139 prescribed. 140 (b) There shall be. within the permits and inspections 141 division. a buildinq official. Police powers are hereby conferred 142 upon the bui1dinq official and desiqnated deputies or inspectors 143 assiqned to the permits and inspections division while enqaged in 144 performinq their duties. and they are each hereby qranted the 145 authority to issue stop-work orders. to serve written notices of 146 violation. to order the abatement of such violation and to issue a 147 summons to the qeneral district court to any person in the city who 4 148 shall fail to obey a lawful order contained in such stop-work order 149 or notice of violation. 150 151 Sec. 2-387. Composition of weiqhts and measures bureau, function: police powers. 152 (a) The weiqhts and measures bureau of the department of 153 planninq shall be responsible for all matters pertaininq to weiqhts 154 and measures and complaints of fraud and unlawful practices and 155 dealinqs with consumers with respect to weiqhts and measures. It 156 shall be the responsibility of this bureau to see that the laws of 157 the state and ordinances on the subiect of weiqhts and measures are 158 enforced in the city. as well as to enforce other rules, 159 requlations, ordinances and laws pertaininq to consumers. 160 (b) There shall be, within the weiqhts and measures bureau, a 161 sealer of weiqhts and measures. He shall have such additional 162 duties as may be assiqned by the city manaqer. 163 (c) Police powers are herebY conferred upon the inspectors of 164 the weiqhts and measures bureau and the sealer of weiqhts and 165 measures, while enqaqed in performing their lawful duties; and they 166 are authorized to arrest any violator of such laws and ordinances 167 and to seize, for use as evidence, without formal warrant, 168 incorrect or unsealed weiqhts and measures or amounts of packaqes 169 or commodities found to be used, retained, offered or exposed for 170 sale or sold in violation of law. 171 Sec. 2-388. Issuance of stop-work orders. 172 (a) Upon notice from the director of planninq, any division 173 head subiect to the supervision and control of the director of 174 planninq or any of their desiqnated deputies, assistants or 175 inspectors that work is beinq performed contrary to the provisions 176 of this Code, such work shall be immediatelY stopped. The stop-work 177 order shall be in writinq and shall be qiven to the owner of the 178 property involved, or to the owner's aqent, or to the person doinq 179 the work, and shall state specific violation or violations for 180 which the order was issued and the conditions under which work may 181 be resumed. 5 182 (b) Anv person who shall continue any work or have his aqent 183 continue any work in or about the site after a stop-work order has 184 been issued. except such work as he is directed to perform by the 185 city official issuinq the stop-work order to correct a violation or 186 unsafe condition. shall be quiltv of a Class 1 misdemeanor. 187 Secs. 2-389 - 2-395. Reserved. 188 Adopted by the city council of the City of Virginia Beach on 189 this 25 day of June 1996. 190 191 CA-6129 DATA/ORDIN/PROPOSED/2-268ETC.ORD APRIL 15, 1996 R5 APPROVED AS TO CONTENT D~~~ APPROVED AS TO LEGAL SUFFICIENCY Department of Law 6 1 2 AN ORDINANCE '1'0 AMEND CHAPTER 8 OF 3 THE CODE BY DELETING THE TERM 4 SPECIAL POLICE OFFICER; CHANGING THE 5 TERM PERSON TO INSPECTOR; AND 6 CHANGING ALL REFERENCES TO THE 7 DEPARTMENT OF PUBLIC WORKS TO 8 PLANNING 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That sections 8-1, 8-2, 8-8, 8-27 and 8-72 of the Code of the 12 City of Virginia Beach, Virginia, are hereby amended and reordained 13 to read as follows: 14 Sec. 8-1. Definitions. 15 As used in this chapter, the term "building code" shall mean 16 the Virginia Uniform statewide Building Code adopted by section 8- 17 26 of this chapter, and the term "division of permits and 18 inspections" or "permits and inspections division" shall mean , 19 the permits and inspections division of the department of public 2 0 'Wior]co planninq. 21 Sec. 8-2. Notice of and order to abate violations of chapter and 22 zoning ordinance. 23 The building official, the zoning administrator or any peroon 24 inspector assigned to the division of permits and inspections who 25 huo been appointed ao a opeciul police officer and has been given 26 the duty to enforce building regulations set forth in this chapter, 27 other than the regulations prescribed in the building code, and the 28 zoning ordinance set forth in appendix A of this Code shall have 29 the authority to serve a written notice of violation and to order 30 the abatement of such violation. The building official, zoning 31 administrator and such opecial police officer inspector are each 32 hereby granted the authority to issue a summons to the general 33 district court to any person in the city who shall fail to obey a 34 lawful order contained in such notice of violation. 35 36 37 38 Sec. 8-8. Inspection required before reconnecting discontinued electrical service to commercial and industrial buildings and trailer lots. 39 All commercial and industrial buildings and trailer lots to 40 which electrical service has been discontinued, for any purpose, 41 including changes of occupancy or use, other than nonpayment of 42 electrical bills, shall be inspected and released to the power 43 company by the department of publio wor]co planninq prior to 44 reconnect ion or transfer of service to a new customer. 45 . . . 46 47 Sec. 8-27. Violations--provisions notice; etc. qoverninq prosecutions; 48 The provisions of article 1 of volume I of the Virginia 49 Uniform statewide Building Code shall govern the prosecution of 50 violations of such code; provided, that the building official or 51 any peroon inspector assigned to the division of permits and 52 inspections who haa Bccn appointed ao a opeoial polioe offioer 53 shall have the authority to serve a written notice of violation and 54 to order the abatement of such violation; and provided further, 55 that the building official may, but ohall not be required to, 56 request the city attorney to institute appropriate legal 57 proceedings in cases of violations of the provisions of such code. 58 The.building official and any such opcoial polioe offioer inspector 59 are hereby granted the authority to issue a summons to the general 60 district court to any person who fails to obey a lawful order 61 contained in such notice of violation. 62 63 Sec. 8-72. Officers. 64 Each division of the board shall elect from its membership a 65 chairperson. The building official shall select one (1) or more 66 employees from the permits and inspections division of the 67 department of publio wor]co planninq to serve as secretary to the 68 new construction, plumbing, mechanical and electrical divisions of 69 the board. The code administrator for the division of code 70 enforcement of the department of housing and neighborhood 71 preservation shall select one (1) or more employees from the 72 division of code enforcement of the department of housing and 73 neighborhood preservation to serve as secretary to the building and 74 maintenance division of the board. The secretary of each division 75 shall maintain a detailed record of all proceedings of such 76 divisions. 2 77 A~pted by the ~ity Council of the City of Virginia Beach on 78 this day of une 1996. 79 CA-6145 80 DATA/ORDIN/PROPOSED/CHAPT-8.0RD 81 FEBRUARY 29, 1996 82 R2 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ~J:)~. Department of Law 0 3 1 2 AN ORDINANCE TO AMEND CHAPTER 30 OF 3 THE CITY CODE BY CHANGING ALL 4 REFERENCES TO THE DEPARTMENT OR THE 5 DIRECTOR OF PUBLIC WORKS TO THE 6 DEPARTMENT OR THE DIRECTOR OF 7 PLANNING 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Chapter 30, sections 30-57, 30-60 and 30-74 of the Code 11 of the City of Virginia Beach, Virginia, is hereby amended and 12 reordained to read as follows: 13 Sec. 30-57. Definitions. 14 As used in this article, the following words and terms shall 15 have the meanings ascribed to them in this section, unless the 16 context requires a different meaning: 17 Agreement in lieu of a plan means a contract between the plan- 18 approving authority and the owner which specifies conservation 19 measures which must be implemented in the construction of a single- 20 family residence; this contract may be executed by the plan- 21 approving authority in lieu of a formal site plan. 22 Applicant means any person submitting an erosion and sediment 23 control plan for approval or requesting the issuance of a permit, 24 when required, authorizing land-disturbing activities to commence. 25 Board means the Virginia Soil and Water Conservation Board. 26 Certified inspector means an employee or agent of the City of 27 Virginia Beach who (i) holds a certificate of competence from the 28 board in the area of project inspection or (ii) is enrolled in the 29 board's training program for project inspection and successfully 30 completes such program within one (1) year after enrollment. 31 Certified plan reviewer means an employee or agent of the City 32 of Virginia Beach who (i) holds a certificate of competence from 33 the board in the area of plan review, (ii) is enrolled in the 34 board's training program for plan review and successfully completes 35 such program within one (1) year after enrollment, or (iii) Is 36 licensed as a professional engineer, architect, certified landscape 37 architect or land surveyor pursuant to article 1 (S 54.1-400 et 38 seg.) of chapter 4 of title 54.1 of the Code of Virginia, as 39 amended. 40 certified program administrator means an employee or agent of 41 the city of Virginia Beach who (i) holds a certificate of 42 competence from the board in the area of program administration or 43 (ii) is enrolled in the board's training program for program 44 administration and successfully completes such program within one 45 (1) year after enrollment. 46 Conservation plan, erosion and sediment control and tree 47 protection plan, or plan means a document containing material for 48 the conservation of trees and of soil and water resources of a unit 49 or group of units of land. It may include appropriate maps, an 50 appropriate soil and water and tree plan inventory and management 51 information with needed interpretations, and a record of decisions 52 contributing to conservation treatment. The plan shall contain all 53 major conservation decisions to assure that the entire unit or 54 units of land will be so treated to achieve the conservation 55 objectives. 56 District or soil and water conservation district means the 57 City of Virginia Beach, a political subdivision of this 58 commonwealth. 59 Erosion impact area means an area of land not associated with 60 current land-disturbing activity but subject to persistent soil 61 erosion resulting in the delivery of sediment onto neighboring 62 properties or into state waters. This definition shall not apply to 63 any lot or parcel of land of ten thousand (10,000) square feet or 64 less used for residential purposes or to shorelines where the 65 erosion results from wave action or other coastal processes. 66 Land-disturbing activity means any land change which may 67 resul t in soil erosion from water or wind and the movement of 68 sediments into state waters or onto lands in the city, including, 69 but not limited to, clearing, grading, excavating, transporting, 70 and filling of land, except that the term shall not include: 71 (1) Minor land-disturbing activities such as home gardens and 72 individual home landscaping, repairs and maintenance 73 work; 74 (2) Individual service connections; 2 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 (3) Installation, maintenance or repair of any underground public utility lines when such activity occurs on an existing hard surfaced road, street or sidewalk, provided the land-disturbing activity is confined to the area of the road, street or sidewalk which is hard surfaced; (4) septic tank lines or drainage fields, unless included in an overall plan for land-disturbing activity relating to the construction of the building to be served by the septic tank system; (5) Surface or deep mining; (6) Exploration or drilling for oil and gas, including the well site, roads, feeder lines and off-site disposal areas; (7) Tilling, planting or harvesting of agricultural, horticultural or forest crops or livestock feedlot operations, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested (artificially or naturally) in accordance with the provisions of Code of virginia, chapter 11 (section 10.1- 1100 et seq.), or is converted to bona fide agricultural or improved pasture use as described in Code of Virginia, subsection B of section 10.1-1163. (8) Repair or rebuilding of the tracks, right-Of-way, bridges, communication facilities and other related structures and facilities of a railroad company; (9) Agricultural engineering operation including but not limi ted to the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the Dam Safety Act, ditches, strip 3 109 cropping, lister furrowing, contour cultivating, contour 110 furrowing, land drainage and land irrigation; 111 (10) Disturbed land areas of less than ten thousand (10,000) 112 square feet in size, except when this activity takes 113 place in any floodplain area, as defined in the City 114 zoning Ordinance; 115 (11) Installation of fence and sign posts or telephone and 116 electric poles and other kinds of posts or poles; 117 (12) Shore erosion control projects on tidal waters when the 118 projects are approved by the wetlands board of the city 119 of Virginia Beach, the marine resources commission or the 120 U.S. Army Corps of Engineers; 121 (13) Emergency work to protect life, limb or property and 122 emergency repairs; however, if the land-disturbing 123 activity would have required an approved erosion and 124 sediment control and tree protection plan, if the 125 activity were not an emergency, that the land area 126 disturbed shall be shaped and stabilized in accordance 127 with the requirements of the city engineer. 128 Local erosion and sediment control program or local control 129 program means an outline of the various methods employed by the 130 City of Virginia Beach to regulate land-disturbing activities and 131 thereby minimize erosion and sedimentation in compliance with the 132 state program and may include such items as local ordinances, 133 policies and guidelines, technical materials, inspection, 134 enforcement, and evaluation. 135 OWner means the owner or owners of the freehold of the 136 premises or lesser estate therein, a mortgagee or vendee in 137 possession, assignee of rents, receiver, executor, trustee, lessee 138 or other person, firm or corporation in control of a property. 139 Permit-issuing authority means the director of public worlco 140 planning or his designee. 141 Permittee means the person to whom the permit authorizing 142 land-disturbing activities is issued or the person who certifies 4 143 that the approved erosion and sediment control plan will be 144 followed. 145 Person means any individual, partnership, firm, association, 146 joint venture, public or private corporation, trust, estate, 147 commission, board, public or private institution, utility, 148 cooperative, county, city, town or other political subdivision of 149 the commonwealth, any interstate body or any other legal entity. 150 Plan-approving authority means the director of planning or his 151 designee, based upon the city engineer's determination of the 152 adequacy of a conservation plan submitted for land-disturbing 153 activities on a unit or units of land. 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 Program authority means the city of Virginia Beach, also referred to as the city. state erosion and sediment control program or state program means the program administered by the Virginia soil and water conservation board pursuant to sections 10.1-560 through 10.1-571 of the Virginia Code, including regulations designed to minimize erosion and sedimentation. state waters means all waters on the surface and under the ground wholly or partially within or bordering the commonwealth or within its jurisdiction. Subdivision means the same as the term is designated within section 1.2 of Appendix B of the Code of the City of Virginia Beach. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. Sec. 30-60. Moni toring' reports and inspections of land- disturbing' activities. 172 (a) With respect to approved plans for erosion and sediment 173 control and tree protection in connection with land-disturbing 174 activities which involve the issuance of a grading, building or 175 other permit, the director of public yor]m p1anninQ or his designee 176 shall (1) provide for periodic inspections of the land-disturbing 177 acti vi ty , and (2) may require monitoring and reports from the 178 person responsible for carrying out the plan, to ensure compliance 5 179 with the approved plan and to determine whether the measures 180 required in the plan are effective in providing for tree protection 181 and controlling erosion and sediment. The owner, permittee or 182 person responsible for carrying out the plan shall be given notice 183 of the inspection. If the director of public wor]ca planninq or his 184 designee determines that there is a failure to comply with the 185 plan, notice shall be served upon the permittee or person 186 responsible for carrying out the plan by registered or certified 187 mail to the address specified in the permit application or in the 188 plan certification or by delivery at the site of the land- 189 disturbing activities to the agent or employee supervising such 190 activities. The notice shall specify the measures needed to comply 191 with such plan and shall specify the time within which such 192 measures shall be completed. Upon failure to comply within the time 193 specified, the permit may be revoked and the permittee or person 194 responsible for carrying out the plan shall be deemed to be in 195 violation of this article and, upon conviction, shall be subject to 196 the penalties provided for by section 30-75. 197 (b) Upon receipt of a sworn complaint of a violation of this 198 article from the representative of the department of public wor]co 199 planning, the city manager or his designee, may, in conjunction 200 with or subsequent to a notice to comply as specified in section 201 30-60(a), above, issue an order requiring that all or part of the 202 land-disturbing activities permitted on the site be stopped until 203 the specified corrective measures have been taken or, if land- 204 disturbing activities have commenced without an approved plan as 205 provided in section 30-71 of this article, requiring that all of 206 the land-disturbing activities be stopped until an approved plan or 207 any required permits are obtained. Where the alleged noncompliance 208 is causing or is in imminent danger of causing harmful erosion of 209 lands or sediment deposition in waters within the watersheds of the 210 commonwealth, or where such land-disturbing activities have 211 commenced without an approved plan or any required permits, such an 212 order may be issued whether or not the alleged violator has been 213 issued a notice to comply as specified in section 30-60(a), above. 6 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 otherwise, such an order may be issued only after the alleged violator has failed to comply with a notice to comply. The order shall be served in the same manner as a notice to comply, and shall remain in effect for seven (7) days from the date of service pending application by the director of public worko p1anninQ or his designee or alleged violator for appropriate relief to the circuit court of the jurisdiction wherein the violation was alleged to have occurred. If the alleged violator has not obtained an approved plan or any required permits within seven (7) days from the date of service of the order, the city manager or his designee may issue an order to the owner requiring that all construction and other work on the site, other than corrective measures, be stopped until an approved plan and any required permits have been obtained. Such an order shall be served upon the owner by registered or certified mail to the address specified in the permit application or the land records of the locality in which the site is located. The owner may appeal the issuance of an order to the circui t court of the juriSdiction wherein the violation was alleged to have occurred. Any person violating or failing, neglecting or refusing to obey an order issued by the city manager or his designee may be compelled in a proceeding instituted in the circuit court of the jurisdiction wherein the violation was alleged to have occurred to obey same and to comply therewith by injunction, mandamus or other appropriate remedy. Upon completion and approval of correcti ve action, or obtaining an approved plan or any required permits, the order shall immediately be lifted. Nothing in this section shall prevent the city manager or his designee from taking any other action specified in section 30-75. Sec. 30-74. Changing approved plan. An approved plan may be changed by the planning department ~ or the city engineer in the following cases: (1) Where inspection has revealed that the plan is inadequate to satisfy applicable regulations; or 7 248 (2) Where the person responsible for carrying out the 249 approved plan finds that because of changed circumstances 250 or for other reasons the approved plan cannot be 251 effectively carried out, and proposed amendments to the 252 plan, consistent with the requirements of this article, 253 are agreed to by the planning department and the person 254 responsible for carrying out the plan. 255 . A~gpted by theJbA~Y Council of the city of virginia Beach on 256 th1s day of 1996. 257 CA-6127 258 DATA/ORDIN/PROPOSED/30ETC.ORD 259 MARCH 4, 1996 260 R3 APPROVED AS TO CONTENT APPRO AS TO LEGAL SUFFICIENCY Department of Law 8 1 2 AN ORDINANCE TO AMEND THE SUB- 3 DIVISION REGULATIONS OF THE CITY OF 4 VIRGINIA BEACH BY CHANGING 5 REFERENCES TO THE DEPARTMENT OR 6 DIRECTOR OF PUBLIC WORKS TO THE 7 DEPARTMENT OR DIRECTOR OF PLANNING 8 OR HIS' DESIGNEE, OR THE CITY 9 ENGINEER 10 BE IT ORDAINED ~Y THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 That the Subdivision Regulations (Appendix B), sections 1.4, 13 4.2, 4.4, 5.5, 5.6, 6.1 and 7.6 of the Code of the City of Virginia 14 Beach, Virginia, are hereby amended and reordained to read as 15 follows: 17 16 Sec. 1.4. Subdivision. The division of any parcel of land into two (2) or more lots 18 or parcels for immediate or future transfer of ownership or 19 building development. The term shall be construed to include all 20 changes in lot lines, the creation of new lots involving any 21 division of an existing lot or lots, or if a new street is involved 22 in such division, any division of a parcel of land, and when 23 24 25 26 27 28 29 30 31 32 33 34 35 appropriate to context, the process of SUbdividing or the territory subdivided. To expedite two (2) lot subdivisions, the subdivision shall only be reviewed by the department of planning and pub1io yor)cs, and where appropriate, the health department. Sec. 4.2 Easements. (a) Easements for utilities shall be provided as required by the director of public utilities and easements for drainage shall be provided as required by the director of public works across lots overlapping or adjoining rear or side lot lines, and shall be of whatever width is necessary to provide for installation of such installation of such utilities or drainage and for access for maintenance; provided, however, that no such easement shall be less 36 than ten (10) feet wide. In the case of any waiver to this 37 requirement as outlined above, conditions or safeguards may be 38 attached to the grading plan as necessary to assure proper drainage 39 in the area. 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 , I (b) Where a subdivision is traversed by a water course, drainage way, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines thereof, and [of] such further width or construction, or both, as will be required for the purpose of handling drainage. streets or parkways parallel, but not necessarily adjacent to such water courses, may be required. Shifts from existing locations of water courses, drainage ways, channels or streams may be permitted by thc publio wor)co departmcnt only where such [shifts] result in equivalent or better drainage within and surrounding the subdivision than will the existing location; provided, however, that any such changes [shifts] shall be explained in writing, including the specific reasons therefor, and be made a part of the permanent application record. Sec. 4.4. Lots. (a) Lot size, width, depth, shape and orientation and minimum building setback lines shall be appropriate for the location of the subdivision and the type of development and use contemplated. (b) Except where created by governmental action, lots created by subdivision must meet all requirements of the zoning ordinance. * However, existing lots which fail to conform to present applicable zoning regulations may also be resubdivided to less than current minimum zoning standards where the following apply: (1) The existing lots have been legally created; and (2) The resulting lots conform to applicable requirements in each respect that the existing lots conform, and in those respects that the existing lots do not conform, no greater degree of nonconformity than that already present would result. (c) Corner lots must meet the following requirements: (1) Corner lots shall be platted not less than ten (10) feet wider than the minimum required by the zoning ordinance* for interior lots in the district, except that no such increase shall be required where minimum lot width for 2 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 interior lots is one hundred twenty-five (125) feet or more. (2) Notwithstanding any other requirement to the contrary, the street frontage of any corner lot platted in the B-1 through B-4 Business Districts, the H-1 Hotel District, the 0-1 and 0-2 Office Districts, the I-1 and 1-2 Industrial Districts and located at the intersection of two (2) streets, either of which is shown on the master street and highway plan as a four-laned undivided roadway or greater, shall adhere to the following requirements: (i) The street frontage shall be shown with the no- ingress-egress easement with access guaranteed the site only through adjoining parcels; or (ii) On the side of the lot departing the intersection, the lot shall have at least two hundred ten (210) feet of frontage on the street on which it abuts and has access, as well as designation of space for a right turn lane in substantial accordance with Figure 1 below; and on the side of the lot approaching the intersection, the lot shall have at least one hundred fifty (150) feet of frontage on the street on which it abuts and has access, as well as designation of space for a right turn lane in substantial accordance with Figure 1 below; or (iii) Any combination of (i) or (ii) may be utilized. Where such a combination is utilized, access through adjoining parcels may not be required. (iv) For any frontage of such lot not abutting a street shown on the master street and highway plan as a four-line undivided roadway or greater, such frontage shall be exempt from the requirements in (i), (ii) and (iii) above. (v) Whenever designation of space for a right turn lane is made in accordance with these requirements, 3 110 dedication and improvement of the space shall be 111 made in accordance with the need generated. 112 (d) Each lot created in a subdivision shall have direct access 113 to a public street. 114 (e) Double frontage and reversed frontage residential lots 115 shall in general be avoided except where essential to provide 116 residential separation from traffic arteries or to overcome other 117 disadvantages of orientation or topography. Where the side or rear 118 of a residential lot abuts a major right-of-way ninety (90) feet or 119 more in width as shown in the master street and highway plan, there 120 shall be located on the lot along the right-Of-way line Category VI 121 screening in accordance with the Virginia Beach Landscaping, 122 Screening and Buffering Standards and Specifications. There shall 123 be no right of ingress or egress across such buffer. 124 (f) Side lot lines shall be substantially perpendicular or 125 radial to street lines, and shall not vary from the perpendicular 126 or radial by more than thirty (30) degrees. However, greater 127 variation than thirty (30) degrees is permissible if such variation 128 has no bearing on whether the lot meets the minimum lot width 129 requirements of the zoning ordinance. 130 (g) Where utility or other easements are involved, lot lines 131 shall be so arranged with respect to such easements as to permit 132 efficient installation of the utilities without unnecessary 133 irregularities in alignment. 134 (h) No lot shall be recorded for residential or other use 135 unless the land is suitable for the use permitted by the zoning 136 ordinance* and intended for the land. Among other considerations, 137 suitability shall include freedom from extraordinary flooding or 138 storm hazard and adverse soil and ground water conditions. 139 (i) Any lot created by subdivision which meets the area and 140 dimensional requirements of some of the uses in the zoning district 141 in which it is located, but not all uses, and is thus restricted by 142 the zoning ordinance as to use, shall have such restriction clearly 143 noted on the plat. 4 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 (j) Each plat of any area adjacent to a tidal shoreline or drainageway on which for any lot along the banks thereof there is a slope of eight (8) percent or greater aB detcrmincd by the city engincer'o office shall contain a statement as follows: "Further development of these lots including any filling or physical alteration of the lots may require additional permits from the City of Virginia Beach or other governmental agencies." (k) If highly erodible soils are existing, as determined by the city soil scientist on any lot within or adjacent to floodplains, then the plat creating such lot shall contain a statement as follows: "Due to the high erOdibility of the soils existing within or adjacent to floodplains, removal of existing vegetation or alteration of existing contours may accelerate erosion and may require addi tional permits from the ci ty of Virginia Beach or other governmental agencies." Sec. 5.5. Street and other drainage. Every subdivision shall have a drainage system adequate for the type of development proposed and so related to existing or potential surrounding development as to form a logical part of a coordinated system minimizing potential drainage problems for the general area. No plan or development shall take such form as to create potential or actual impoundment of water on, or discharge of water onto, adjacent property in such a manner as to (a) affect adversely existing development, or (b) increase problems of future development on such adjacent property, except with the written and recorded consent of the adjoining property owners affected and the approval of the department of public wor]co D1anninq. To these ends, the department of pUBlic wor]C13 Dlanninq is empowered to require such changes in plans or to establish such minimum and maximum elevations and gradients in partiCUlar subdivisions or to require employment of such measures as onsite retention of storm water as necessary to provide for orderly and efficient development of coordinated drainage systems, even though the drainage proposed for a particular subdivision might be 5 179 adequate for the subdivision itself. In addition, where adjoining 180 lands are in districts with varying improvement requirements or in 181 other cases where similar adjustments are necessary, the department 182 of public works is empowered to establish such transitional 183 requirements as to types of curbs and gutters, storm drains and the 184 like as are appropriate and reasonably necessary in the 185 circumstances of the case. 186 (a) [Curbs and gutters]. Curbs and gutters built to 187 specifications of the Department of Public Works, as 188 approved by the council of the City of Virginia Beach 189 shall be required, except as provided in subsection (c), 190 on all streets, except when it is determined by the 191 director of Publio Worko Dlannina or his desianee that 192 existing soil or site conditions would make this 193 requirement impractical or where the use of best 194 management practices is better promoted otherwise, in 195 which case a waiver or modification may be authorized, 196 provided, however, that any such waiver or modification 197 shall be put into writing and include the reasons 198 therefor and be made a part of the permanent application 199 record. 200 (b) storm sewers and drainage. Where required by the director 201 of public works, underground storm sewers meeting 202 specifications of the department of public works, as 203 approved by the council of the City of Virginia Beach, 204 shall be installed, except as provided in subsection (c) 205 and, except where such requirement is waived or modified 206 under the provisions set forth in Section 5.5(d). 207 Elsewhere open drainage ways meeting specifications of 208 the department of public works, as approved by the 209 council of the City of Virginia Beach, shall be used. 210 (c) Roadside swales. Roadside swales designed with 3:1 side 211 slopes to a maximum depth of eighteen (18) inches are 212 permitted along all minor streets in areas zoned AG-1 213 Agricultural District and AG-2 Agricultural District. 6 214 (d) 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 [Waiver or mOdification.] The director of the department of publio wor)co D1annina or his desianee shall consider and may approve a waiver or modification to the requirements set forth in sections 5.5(a) and 5.5(b), for a subdivision, provided that the following are met: (i) Each lot in the subdivision shall be no less than fifteen thousand (15,000) square feet in area; (ii) Each lot shall provide area for no fewer than four (4) on-site parking spaces; (iii) All open drainage systems shall be provided and designed in accordance with the performance standards and design criteria of the stormwater management ordinance; (i v) The proposed system of open or natural drainage ways shall be an appropriate component of a natural area protection plan to be approved for the subdivision as part of the process for granting a waiver or modification under this section. Such natural area protection plan shall include: A tree inventory /protection plan; a wetlands inventory/protection plan; provision for the protection or creation of a natural area buffer of sufficient width to prevent erosion, trap sediment in overland runoff, provide necessary maintenance access and provision for the protection of any other significant natural features, inclUding topographic relief; (v) The continued functioning and integrity of all open drainage systems and other components of a natural area protection plan not within the public right- of-way shall be ensured through deed restrictions, covenants or other means. There also shall be recorded through deed restrictions, covenants or other means acceptable to the director of the department of pUblic works, a statement which 7 249 advises all potential purchasers that the city of 250 Virginia Beach will not be responsible for 251 providing and/or bearing the cost of curbs and 252 gutters if and when owners of lots in the 253 subdivision desire such improvements; 254 (vi) Application for waiver or modification to curb and 255 gutters and/or storm sewers and drainage may be 256 considered in conjunction with request for reduced 257 pavement widths as set forth under section 4.1(m) 258 of this ordinance. 259 (e) [Indemnification of city.] Developer will indemnify, keep 260 and hold the city, and its agents and employees, free and 261 harmless from and against all contractual liability of 262 developer and from and against all claims on account of 263 injury to developer or any other person, firm or 264 corporation, or damage to the property of the developer, 265 purchaser or any other person, firm or corporation, and 266 will defend the city, and its agents and employees, 267 against all actions and settle all claims, damages, 268 losses and expense arising from or growing out of the 269 city's approval of the design, construction and/or 270 installation of the said drainage system. 271 Sec. 5.6. Sidewalks. 272 Where constructed, sidewalks shall be in accord with the 273 specifications of the department of public works, as approved by 274 the council of the City of Virginia Beach. 275 (a) Sidewalks forty-eight (48) inches in width or such 276 additional width as required by the director of public 277 wor]m planninq or his designee to match existing 278 improvements shall be constructed on both sides of 279 arterial or collector streets. 280 (b) Sidewalks forty-eight (48) inches in width shall be 281 constructed on both sides of minor streets within 282 subdivisions proposed for multiple family or commercial 283 use and may be required on one or both sides of minor 8 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 streets in subdivisions proposed for industrial use, if the director of planning finds such requirement necessary in view of desirable continuity of flow of substantial pedestrian traffic. (c) Sidewalks forty-eight (48) inches in width shall be constructed on one side of each minor street wi thin subdivisions proposed for one-family, two-family or townhouse residential use and where minimum lot width requirements as specified in the zoning ordinance* are less than one hundred (100) feet. As an exception to this requirement, no sidewalk is required where not more than twenty-five (25) dwelling units could be constructed on property served by the street. This applies only if the street could not reasonably be extended to serve more dwelling units. (d) No sidewalks shall be required on minor streets in districts zoned for one-family residential use where minimum lot width requirements as specified in the zoning ordinance* are one hundred (100) feet or more. (e) Supplementary to the above requirements and notwithstanding any exceptions or exclusions made therein, where sidewalks required above fail to provide adequate access to schools, along pedestrian routes where substantial concentration of school pedestrian traffic is anticipated, sidewalks forty-eight (48) inches in width shall be provided on both sides of streets along the route of such concentration and within the subdivision, provided however: (1) No such sidewalks shall be required to be extended more than one-half mile from the point of access to the school grounds by normal pedestrian routes, except to include the full length of a block which would otherwise have such sidewalks for only a portion of its full length; 9 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 (2) Where the pattern of proposed and potential development is such that safe, logical and convenient routing of school pedestrian traffic requires a sidewalk on only one side of the street, the director of planning may permit the provision of only one such sidewalk; and (3) Where the director of planning finds that walkways other than in the form of sidewalks at the edges of streets would provide safe, logical and convenient routing of pedestrian traffic, such walkways, constructed in a manner found by the director of public wor]cs city enaineer to be appropriate to their purpose, may substitute for such sidewalks. PLATS AND DATA Sec. 6.1. Preliminary plats and data--Generally. The preliminary plat shall be at a scale of not less than one inch equals one hundred (100) feet, and may be of one or more sheets as necessary. The plat shall include or be accompanied by the following: (a) Name of subdivision (not duplicating the name of an existing subdivision), names and addresses of owner(s) of record, subdivider and person or firm responsible for preparation of preliminary plat, date of drawing, number of sheets, north point and scale. (b) A boundary surveyor survey of record, including map book and page reference, locating and identifying adjacent or abutting streets (existing or platted), subdivisions, unsubdivided parcels, easements, water areas, and the like, and all visible monuments. (c) Location and identification of existing features and improvements within the tract, including streets, structures, water areas by type (including areas in marsh or subject to frequent inundation), wooded areas, easements, installed utilities and other important 10 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 details. Information on soil and subsoil conditions shall be provided in the form and manner indicated in the specifications of the department of public works. Plats of tracts abutting on or containing natural or artificial bodies of water shall show the approximate high water lines, bulkhead and pier. head lines if officially established, and top of bank and toe of slope. (d) Location and identification of proposed uses within the tract. (e) Location, identification and widths of proposed streets, alleys and easements. (f) Location of proposed water mains, sanitary sewers, and storm sewers and catch basins, with indication of proposals for disposal of surrounding drainage if other than or in addition to storm drains. (g) Lot lines, with dimensions. Where sewerage is to be by septic tanks or similar devices, percolation test results may be required for each lot or selected lots at locations indicated by the director of public health. Where groundwater levels or soil conditions may lead to difficulties with proposed septic tanks or with structures, the director of public health or the director of public wer)cG p1annina or his desianee may require test results on subsurface soil and groundwater conditions for each lot or selected lots indicated by such officials. (h) Location and dimensions of all parcels proposed to be dedicated or reserved for public use or common use by occupants of the subdivision, with conditions or restrictions, if any, of such dedication or reservation. (i) Private restrictions, if any, proposed to be included in deeds. 11 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 (j) Topographic map of a suitable scale and contour interval, as determined by the director of pUBlic wor]m citv enqineer, where a grading and drainage plan is required by the specifications of the department of public works, as approved by the council of the City of Virginia Beach. Vertical control shall be based on u.s. Coast and Geodetic Survey Data "mean sea level" as established in 1969. (k) Location and identification of existing graves and objects or structures marking a place of burial. (I) Where Chesapeake Bay Preservation Areas lie within a SUbdivision, the preliminary plat shall, unless waived by the planning director, delineate the boundaries of all resource protection areas, resource management areas, intensely developed areas and reserve sewage disposal drainfield sites as required by section 108 of the Chesapeake Bay Preservation Area Ordinance [Appendix F]. Sec. 7.6. Release of bonds. Performance bonds or other sureties established in accordance with the provisions of section 7.3 shall be released when the director of public wor]to Dlanning or his desiqnee or other affected official certifies that the requirements set forth therein have been met. On application by the owner or developer, portions of such bonds or other sureties may be released in proportion to the cost of the requirements certified by the director of public works and/or the director of public utilities in the case of water and sewer facilities as having been met; however, in no case shall the amount of surety be reduced to less than twenty (20) percent of the total construction costs of the improvement. Defect bonds or other sureties established in accordance with the provisions of section 7.5 shall be released at the end of two (2) years from the date of city acceptance of 12 422 responsibility. Such release shall be in full if no defects have 423 been found to exist, or if defects found to exist have been 424 corrected by the owner or developer. If defects found to exist 425 have been corrected by action of the city, the costs of such 426 action shall be deducted from the defect bond. If defects found 427 to exist within the two (2) year period have not been corrected 428 after proper notice by the end of such period, the director of 429 public works shall make an estimate of cost of correction or the 430 director of public utilities, in the case of water and sewer 431 facilities, and such cost shall be deducted from the defect bond, 432 and any balance remaining as a result of lesser actual than 433 estimated cost shall be paid to the owner or developer. 434 Ado~ted by the city Council of the city of Virginia Beach on 435 this 25 day of Jurfe 1996. 436 CA-6126 437 DATA/ORDIN/PROPOSED/APPEND-B.ORD 438 MARCH 5, 1996 439 R6 APPROVED AS TO CONTENT 13 1 2 AN ORDINANCE TO AMEND THE SITE PLAN 3 ORDINANCE OF THE CITY OF VIRGINIA 4 BEACH BY CHANGING REFERENCES TO THE 5 DEPARTMENT OR DIRECTOR OF PUBLIC 6 WORKS OR THE CITY ENGINEER TO THE 7 DIRECTOR OF PLANNING OR HIS DESIGNEE 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That the site Plan Ordinance (Appendix C), sections 1, 4 and 12 5 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and reordained to read as follows: 14 Sec. 1. Definitions. 15 1.1. city agent. The divioioli af enqinecring director of 16 public wor]{s planninq or his desiqnee, hereinafter referred to as 17 the city agent, is hereby charged with responsibility for 18 coordinating the processing of site development plans. Accordingly, 19 the city engineer director of olanninq or his desiqnee is granted 20 the authority necessary to coordinate the review process; and each 21 city agency's review comments are to be made in writing in such 22 form and following such procedure as may be prescribed by the ~ 23 engineer director of olanninq or his desiqnee, and shall be made a 24 part of the permanent site development plan application record. 25 Provided, however, that this grant of authority shall not be 26 construed to give to the city engineer director of olanninq or his 27 desiqnee a veto over any other city agency's review comments, 28 insofar as the comments relate directly to their operating 29 functions as def ined by the City Code. Whenever necessary, the 30 office of the city manager shall arbitrate inter-agency conflicts. 31 1.2. Adequate. The term adequate shall mean standards and/or 32 specifications as set forth in recognized engineering codes and 33 regulations, as approved and recognized by national engineering 34 organizations, except where such standards conflict with the 35 standards and specifications of the department of public works, as 36 approved by the council of the City of Virginia Beach, in which 37 case the latter shall control. 38 1.3. Agricultural use. Shall mean any use devoted to the bona 39 fide production for sale of plants and animals useful to man, as 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 more specifically defined in section 58-769.5 of the Code of Virginia, as amended, and under those uniform standards as may be prescribed by the commissioner of agriculture and commerce, or those uses devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government. 1.4. Developer. Any person who desires or intends to improve or construct any improvement upon property as described, defined, and covered by this ordinance. 1. 5. Dwelling unit. A "dwelling unit" is a room or rooms connected together, constituting an independent housekeeping unit for a family, and containing a single kitchen. 1.6. Dwelling, one-family. A building containing one dwelling unit. The term is general, including such specialized forms as one- family detached, one-family semi-detached, and one-family attached (row houses, townhouses, patio houses, and the like). Mobile homes, travel trailers, housing mounted on self-propelled or drawn vehicles, tents or other forms of temporary or portable housing are Sec. 4. Information required on site development plan. 4.1. Nine (9) copies of a site plan, prepared, stamped and endorsed by a registered engineer, surveyor or other persons duly licensed by the Commonwealth of Virginia to practice as such, shall be submitted with every application for approval, and shall contain the following information: B. Existing and required site features and improvements: 1. streets and easements, their names, rights-of-way status (public or private), numbers and widths. Type (class) and width of pavement, curbs, and sidewalks. 2. All property line and property line curve data or centerline and centerline curve data including radius, delta angle, length of arc, chord and tangent shall be shown on the site development plan. 2 75 3. 76 4. 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 I I utilities of all types. The topographic survey, showing the elevation of streets, alleys, buildings, structures, water courses and their names. The topography shall be shown by adequate spot elevations. The finished grade for the entire site shall be shown and the proposed lowest floor elevation of all buildings (except for detached garages and storage areas which shall be located at or above the one-hundred-year flood elevation) shall be a minimum of one foot above the elevation of (a) the flood water of record of (b) the intermediate flood level as determined by the u.s. Army Corps of Engineers or (c) the flood level as determined by the department of public works, whichever is greater. All elevations shall be certified and referenced to National Geodetic Vertical Datum of 1929, 1972 adjustment (NGVD) datum 0.00 mean sea level. All horizontal dimensions shown on the site development plan shall be in feet and decimals of a foot. All bearings in degrees, minutes and seconds. Additionally, on all residential site plans single-family, two-family, duplex and townhouses) the following information must be provided: a. The following statements shall appear on the site plan: (1) "The lot grading on this plan is in accordance with the latest subdivision construction plan submitted to and approved by the city engineer director of olanninq or his desiqnee on (indicate date of approval)." (2) "The lowest floor elevation shown is one foot above the one-hundred-year floodplain as adopted by the city of Virginia Beach." (Exception--detached residential garages and storage areas shall be located at or above the one-hundred-year flood elevation.) 3 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 " I (3) The elevation of the curb (if existing or proposed) in front of each lot shall be indicated. (4) Elevations of the top of bank and toe of slope and limits of fill necessary to construct the dwelling unit, including access, shall be indicated. Sec. 5. Minimum standards and specifications required. 5.1. All improvements required by this ordinance shall be built to the city's standards and specifications as approved by the council of the city of Virginia Beach, and shall be installed by and at the expense of the developer. No occupancy permits will be issued until construction has been inspected and accepted by the city. 5.2. In addition to 5.1 above, condominium and apartment developments shall have on-site pavement design and improvements based uponsoil boring information and design methods commonly a.ccepted by the city engineer which are acceptable under the provisions of the public works specifications and standards manual. Also, a professional engineer, duly licensed by the Commonwealth of Virginia to practice as such, shall certify to the city engineer that on-site typical pavement sections are consistent with the approved site plan design specifications and that standard pavement construction practices were followed. 5.3. Two (2) copies of the recordable plat and general or special warranty deed with a title certificate clearly describing all right-Of-way and easement dedications are to be submitted to [the] real eota.te Eiivioion of the Elcpartmeat af publio wor)m director of planninq or his designee for processing and recording before the site plan approval process is complete. The width and nature of the easements and right-Of-way shall be determined in conference with representatives of the engineering and real estate division, department of public works, and the department of public utilities. 4 144 145 146 147 148 149 150 . . . . A~~pted by the ~t~ Council of the City of Virginia Beach on this day of un 1996. CA-6128 DATA/ORDIN/PROPOSED/APPEND-C.ORD MARCH 5, 1996 R5 APPROVED AS TO CONTENT ~~~ Dep ent of Planning _.i APPROVED AS TO LEGAL SUFFICIENCY *f 5 - 54- Item V-M.1 APPOINTMENTS ITEM # 40974 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) Meyera E. Oberndorf John A. Baum W. W. Harrison, Jr. Louis R. Jones Two-Year Terms 7/01/96 thru 06/30/98 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William Tv. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 25, 1996 - 55- Item V-M.2 APPOINTMENTS ITEM # 40975 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: SOCIAL SERVICES BOARD John E. Driver Charles E. Flowers Four- Year Terms 07/01/96 thru 6/30/2000 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III. Robert K Dean, William Jv. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None June 25, 1996 - 56 - Item V - M.3 APPOINTMENTS ITEM # 40976 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: TIDEWATER TRANSPORTATION DISTRICT COMMISSION (TIDC) Robert E. Fentress Two Year Term 07/01/96 thru 06/30/98 Voung: 11-0 Council Members Voung Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William w: Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voung Nay: None Council Members Absent: None June 25, 1996 - 57- Item V-N.l. NEW BUSINESS ITEM # 40977 BY CONSENSUS, City Council AUTHORIZED the City Attorney to prepare Ordinances re annual compensation for City Council Appointees for the City Council Session of July 2, 1996: City Manager: Salary increased $5,400 or 4.5% to an annual salary of $125,400 (Effective December 1, 1996) City Attorney: Salary increased $14,823.36 or 16.4% to an annual salary of $105,000 (Effective November 1, 1996) City Clerk: Salary increased $3,227 or 6% to an annual salary of $57,000 (Effective November 16, 1996) City Real Estate Assessor: Salary increased $5,671 or 9% to an annual salary $69,000 (Effective March 1. 1996) June 25, 1996 - 58- Item V-Po ADJOURNMENT ITEM # 40978 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:00 P.M. QJ~_~_:fi,~_______ Beverly O. Hooks, CMC/AAE Chief Deputy City Clerk I~~____-- Ruth Hodges Smith, CMC/AAE City Clerk Mayor City of Virginia Beach Virginia June 25, 1996