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Home My WebLink AboutMAY 13, 2008 MINUTES ill CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large ,'iCE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER" Centerville - District I BARBARA M. HENLEY, Princess Anne - Dtstrict 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN E. UHRIN, Beach District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large "'AMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com (:ITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESUE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 13 MAY 2008 I. CITY COUNCIL COMMENTS - Conference Room - 3:30 PM II. REVIEW OF AGENDA III. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION IV. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend William A. Dyson, Sr. Pastor, Emanuel African Methodist Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ,II D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS May 6, 2008 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. FY 2008-2009 BIENNIAL RESOURCE MANAGEMENT PLAN Operating Budget and Capital Improvement Program (CIP) 2. TAX RATE ON REAL PROPERTY FOR FY 2008-2009 (proposed) 3. LEASE OF CITY-OWNED PROPERTY - Dolphin Run 3rd Street and Atlantic Avenue I. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinances/Resolutions re FY 2008-09 BIENNIAL RESOURCE MANAGEMENT PLAN: a. FY 2008-09 Operating Budget: 1. APPROPRIA TE for the fiscal year, beginning July 1, 2008 and ending June 30,2009, the sum of $1,762,234,983 for Operations and $630,837,030 in Interfund Transfers regulating the payment of money out of the City Treasury, as amended 2. ESTABLISH the tax levy on real estate for FY 2009 at eighty-nine cents ($.89) per $100 assessed value 3. ESTABLISH the tax levy on personal property and machinery and tools for the calendar year 2009 4. AUTHORIZE the City Manager to submit an Annual Funding Plan to the U. S. Department of Housing and Urban Development (HUD) re renewal of funding the Plan ,II 5. AMEND 9935-64 and 35-67 of the City Code re the exemption or deferral of real estate taxes for elderly or disabled persons by increasing income and net worth limits 6. DECLARE $9,000,000 within the Sandbridge Tax Increment Financing District (TIF) as Surplus in the FY 2007-08 Operating Budget 7. AMEND 935-159 of the City Code re the Lodging Tax by extending its sunset provisions to maintain the tax at its current amount 8. AMEND 935-207 of the City Code by increasing the amount of the Cigarette Tax 9. AMEND 932.5-2 of the City Code re the Equivalent Residential Unit (ERU) Fee by increasing the rate 10. AMEND 927-5 of the City Code re false burglar alarms for commercial and residential properties by increasing the penalty 11. AMEND 912-49.1 of the City Code re permits and inspection fees 12. AMEND 9916-35,23-46,23-48,23-50 and 23-50.1 of the City Code re the increase in administrative fees for regulation of unsafe structures and abatement of various nuisances 13. AMEND 931-35 of the City Code re yard waste containers by establishing a forty-dollar ($40) usage fee Monday through Thursday and a seventy-five dollar ($75) weekend usage fee 14. AMEND 916-12.7 of the City Code re rental dwelling units by establishing inspection fees 15. AMEND 916-40 of the City Code re the abatement of inoperable vehicles on residential, commercial or agricultural property by establishing an administrative fee 16. AMEND 928-4, 37-7.1 and Appendix B, Section 5.9 ofthe City Code re various water and sewer fees 17. AMEND 937-54 of the City Code re the payment of water bills by establishing a late fee 18. AMEND 9 33-71 of the City Code re various planning fees 19. AMEND 9 35-80.1 of the City Code re real estate tax exemptions and credits for the rehabilitation of historically significant structures (requested by Council Lady Henley) ,II 20. AUTHORIZE the City Manager to utilize $1,000,000 from the Health Insurance Internal Service Fund and $4,000,000 from the General Fund to make the City's actuarial payment in accordance with GASB45 guidelines; and, DIRECT the City Manager to maintain a balance in the Health Insurance Internal Service Fund equal to one (1) month's health care expense 21. AUTHORIZE the City Manager to change the health care coverage available to active and retired employees for plan year 2009 b. FY 2008-2009 Biennial Capital Budget: 1. FY -2009/FY -2014 Capital Improvement Program (CIP); and, APPROPRIATE $221,504,384 for the FY 2009 Capital Budget, subject to funds being provided from various sources set forth therein 2. AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of $68,700,000 for various public facilities and general improvements 3. AUTHORIZE the issuance of Storm Water Utility System Revenue Bonds in the maximum amount of $6,000,000 4. AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the maximum amount of $13,000,000 2. Ordinance to AUTHORIZE the City Manager to execute a lease of City-owned property with DOLPHIN RUN CONDOMINIUM ASSOCIATION at 3rd Street and Atlantic A venue re area for overflow parking DISTRICT 6 - BEACH K. PLANNING 1. Application of CONNIE ONE, L.L.c., for an extension oftime to August 21,2008, to satisfy conditions re the discontinuance. abandonment and closure of a portion of Connie Lane (approved by City Council on May 22,2007). DISTRICT 4 - BA YSIDE and DISTRICT 2 - KEMPSVILLE RECOMMENDA nON APPROV AL ; I 2. Application of ALCAR, L.L.c., re 132 single-family dwellings at Nimmo Parkway and Rockingchair Lane: DISTRICT 7 - PRINCESS ANNE a. Variance to 94.4(b) ofthe Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) b. Chanze ofZoninz District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-7.5 Residential District This Application (with a different site plan) was previously denied by City Council on June 13, 2006 RECOMMENDATION APPROV AL 3. Applications for Conditional Use Permits re Wildlife Rehabilitation: a. JILL C. HARRIS at 1115 Little Neck Road DISTRICT 5 - L YNNHA VEN b. ELYSE HERRON at 2255 Wake Forest Street DISTRICT 5 - L YNNHA VEN c. DEBORAH C. HOOVER-POWERS at 3829 Amberley Forest Place DISTRICT 3 - ROSE HALL d. SUZANNE MCBRIDE at 5252 Pleasant Hall Court DISTRICT 2 - KEMPSVILLE e. DENISE N. THOMPSON at 1617 Jack Frost Road DISTRICT 4 - BA YSIDE RECOMMENDATION APPROV AL - ALL 4. Application of RICK IRVING for a Conditional Use Permit re a residential kennel at 1908 North Muddy Creek Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROV AL 5. Application of LUXE SALON, L.L.C., for a Conditional Use Permit re a hair care center (hair, skin and nails) at 2105 McComas Way. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL ,II 6. Application of TODA Y'S HOMES, INC., for an Amendment of a PD-H Plan re the Villages at West Neck (PD-H Plan approved by City Council on May 11, 1999; and, Modifications approved by City Council on June 26, 2001 and November 23,2004 - Baymark Constructio n Corporation and Baymark Golf, L.L.c.). DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROV AL 7. Application of WELDEN FIELD OF VIRGINIA, L.L.C. for a Change of Zoning from 1-1 Light Industrial District, R-5D Residential Duplex District and 0-2 Office District to Conditional R-7.5 Residential District with a PD-H2 Overlay re developing sixty-nine (69) single-family dwellings and eighty-one (81) townhomes at Regent University Drive and Jake Sears Road. DISTRICT 1 - CENTERVILLE DEFERRED RECOMMENDATION APRIL 22, 2008 INDEFINITE DEFERRAL L. APPOINTMENTS HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT CITY COUNCIL TWO-DAY RETREAT AUGUST 22-23, 2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER II ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 05/07/08 mb www.vbgov.com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 13, 2008 Mayor Meyera E. Oberndorf called to order the CITY COUNCIL COMMENTS SESSION in the City Council Conference Room, City Hall, on Tuesday, May 13, 2008, at 3:30 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None May 13, 2008 - 2 - CITY COUNCIL COMMENTS 3:30 P.M. ITEM # 57585 Mayor Oberndorf advised the Governor's Transportation Town Hall Public meeting is scheduled for June 23,2008, 6:30 P.M to 8:00 P.M - Virginia Beach Convention Center, Suite 1, Second Floor. ITEM # 57586 Council Lady Henley expressed appreciation for the prompt delivery of copies of the Virginia Beach Tomorrow Studies: A Policy Statement to Guide the Growth and Development of the City of Virginia Beach into the Year 2000 Volume I: Growth Policies Volume II: Social Policies November 1976 "A Shared Vision of the Future" August 1986 In the 1976 edition, Meyera Oberndorf and Reba McClanan were listed as the first Virginia Beach Tomorrow Assembly Participants. Council Lady Henley advised Mary Reid Barrow was also a participant. Ms. Barrow had very strongfeelings re the environment and its protection. Council Lady Henley quoted the No.6 Specific Goal under Transportation: The existing Southern Railroad right-of-way and trackage should be preserved for possible future use as a "public transit corridor". The City of Virginia Beach is Visionary. Some of the goals were accomplished as preserving farm land and open space. A good place to commence would be to examine these recommendations of 1976 and 1986 re what accomplishments have been realized. Dr. Ruchelman, Institute of Urban Studies and Public Administration, Old Dominion University, is still at the University. He was Council Lady Henley's Professor, when she was studying Urban Studies. May 13, 2008 ,II - 3 - AGE N DA REV IE W S E S S ION 3:35 P.M. ITEM # 57587 J 1. Ordinances/Resolutions re FY 2008-09 BIENNIAL RESOURCE MANAGEMENT PLAN: a. FY 2008-09 Operating Budget: 1) APPROPRIATE for the Fiscal Year, beginning July 1, 2008 and ending June 30, 2009, the sum of$1, 762,234,983 for Operations and $639,837,(}3(} $630.898.530 in lnterfund Transfers regulating the payment of money out of the City Treasury, as amended Mayor Oberndorf wishes to modify the proposed Budget Ordinance by increasing appropriations by $61,500 for a Summer recreation and enrichment program for the children at Lake Edward. Mayor Oberndorf advised she suggested a partnership be established between the parents, NAACP, Virginia Wesleyan College. The three (3) new schools on Newtown Road, or the existing Recreation Centers on Kempsville and off Shore Drive could all be utilized. Cindy Curtis, Director of Parks and Recreation, advised a proposal was composed based on general direction from the Mayor. This would provide a Summer Transitional Program for the children in the Lake Edward area. The program willfocus on school aged children 6-8, 9-11 and 12-14 from the Lake Edward Community to participate in a variety of programs and activities. Commitment from the neighborhood is needed. A space to offer this recreational opportunity has not yet been found. Ms. Curtis advised it is hoped the Churches and local fraternal groups will come forward and allow some of their spaces to be utilized. There is quite a bit of work scheduled for the elementary schools in that area during the Summer; however, there might be a possibility to garner space within the schools. There is a significant need for educational programs during the Summer. These schools are "year-round" The overall cost of the program is approximately $61,400. The philosophy is "constant motion ". Council Lady Henley wished to modify the proposed Budget Ordinance by increasing appropriations by $47,000 to fully restore lifeguard services at Sandbidge. Eight (8) lifeguard stands were allowed in the contract, but only six (6) have been manned. There has never been lifeguard coverage in the area of the condominiums. Councilman Uhrin advised the contractor and Emergency Medical Services has worked closely to determine if savings could be realized without impacting public safety. Therefore, there were minor reductions throughout the entire program. The Civic League is suppose to meet Saturday. Chief Bruce Edwards, Emergency Medical Services, advised there are two (2) areas guarded in Sandbridge. The first, Marketplace under the proposed reduction, three (3) lifeguard stands would be reduced to two (2). The major area is Little Island Park and is currently contracted for eight (8) stands. After consulting with the Contractor, it was determined the area could be covered by two (2) stands on either side of the pier for a total of four (4). However, the roving patrol is maintained, which is the Supervisor in a reactive mode running the entire Sandbridge Beach. Chief Edwards, Ken Hinnant - Virginia Beach Lifesaving Service and Council Member Uhrin will attend the Civic League meeting Saturday, May 17, 2008, to respond to concerns. Mav 13. 2008 ,I I - 4 - AGE N DA REV IE W S E S S ION ITEM # 57589 J.1.a. 21 AUTHORIZE the City Manager to change the health care coverage available to active and retired employees for plan year 2009 Councilman Diezel expressed concern re Item J l.a.21 (health care coverage) and requested DEFERRAL to a future City Council Session for information and discussion relative the impact of the December 15, 1992, Resolution (to provide health care coverage to Virginia Beach City employees who retire prior to age sixty-five (65) with twenty-jive (25) or more years of service; and, on, work-related disability with jive (5) or more years of service.) The City Attorney advised Catheryn Whitesell, Director of Management Services, advised this could be DEFERRED without impacting the Operating Budget. ITEM # 57590 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: J.l. Ordinances/Resolutions re FY 2008-09 BIENNIAL RESOURCE MANAGEMENT PLAN: a. FY 2008-09 Operating Budget: 1) APPROPRIATEfor the Fiscal Year, beginning July 1,2008 and ending June 30, 2009, the sum of $1,762,234,983 for Operations and $630,837,030 $630,898,530 in Interfund Transfers regulating the payment of money out of the City Treasury. as amended 2) ESTABLISH the tax levy on real estate for FY 2009 at eighty- nine cents ($.89) per $100 assessed value 3) ESTABLISH the tax levy on personal property and machinery and tools for the calendar year 2009 4) A UTHORIZE the City Manager to submit an Annual Funding Plan to the U. S. Department of Housing and Urban Development (HUD) re renewal offunding the Plan 5) AMEND 9935-64 and 35-67 of the City Code re the exemption or deferral of real estate taxes for elderly or disabled persons by increasing income and net worth limits 6) DECLARE $9,000,000 within the Sandbridge Tax Increment Financing District (TIF) as Surplus in the FY 2007-08 Operating Budget 7) AMEND 935-159 of the City Code re the Lodging Tax by extending its sunset provisions to maintain the tax at its current amount 8) AMEND ~35-207 of the City Code by increasing the amount of the Cigarette Tax May 13, 2008 - 5 - AGE N DA REV IE W S E S S ION ITEM # 57590 (Continued) 9) AMEND ~32.5-2 of the City Code re the Equivalent Residential Unit (ERU) Fee by increasing the rate 10) AMEND ~27-5 of the City Code refalse burglar alarmsfor commercial and residential properties by increasing the penalty 11) AMEND ~ 12-49.1 of the City Code re permits and inspection fees 12) AMEND H16-35, 23-46. 23-48, 23-50 and 23-50.1 of the City Code re the increase in administrative fees for regulation of unsafe structures and abatement of various nuisances 13) AMEND ~31-35 of the City Code re yard waste containers by establishing aforty-dollar ($40) usage fee Monday through Thursday and a seventy-five dollar ($75) weekend usage fee 14) AMEND S16-12. 7 of the City Code re rental dwelling units by establishing inspection fees 15) AMEND ~16-40 of the City Code re the abatement of inoperable vehicles on residential, commercial or agricultural property by establishing an administrative fee 16) AMEND S28-4, 37-7.1 and Appendix B, Section 5.9 of the City Code re various water and sewer fees 17) AMEND S37-54 of the City Code re the payment of water bills by establishing a late fee 18) AMEND ~ 33-71 of the City Code re various planning fees 19) AMEND S 35-80.1 of the City Code re real estate tax exemptions and credits for the rehabilitation of historically significant structures (requested by Council Lady Henley) 20) AUTHORIZE the City Manager to utilize $1,000,000 from the Health Insurance Internal Service Fund and $4, 000, 000 from the General Fund to make the City's actuarial payment in accordance with GASB45 guidelines; and, DIRECT the City Manager to maintain a balance in the Health Insurance Internal Service Fund equal to one (1) month's health care expense 21) A UTHORIZE the City Manager to change the health care coverage available to active and retired employees for plan year 2009 May 13, 2008 - 6 - AGE N DA REV IE W S E S S ION ITEM # 57590 (Continued) b. FY 2008-2009 Biennial Capital Budget: 1) FY-2009/FY-20I4 Capital Improvement Program (CIP); and, APPROPRIATE $221,504,384 for the FY 2009 Capital Budget, subject to funds being provided from various sources set forth therein 2) AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of $68,700,000 for various public facilities and general improvements 3) AUTHORIZE the issuance of Storm Water Utility System Revenue Bonds in the maximum amount of $6,000,000 4) AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the maximum amount of$13,OOO,OOO 2. Ordinance to A UTHORIZE the City Manager to execute a lease of City-owned property with DOLPHIN R UN CONDOMINIUM ASSOCIA TION at 3rd Street and Atlantic Avenue re areafor overflow parking DISTRICT 6 - BEACH Item J.I.a.I (FY 2008-09 BIENNIAL RESOURCE MANAGEMENT PLAN), shall be ADOPTED, AS AMENDED Item J.I.a.2I (health care coverage) shall be DEFERRED to a future City Council Session for information and discussion relative the impact of the December 15, 1992, Resolution Council Lady McClanan will DISCLOSE re Item J.I.b 1: Ordinance re FY-2009/FY-20I4 Capital Improvement Program. Council Lady McClanan shall ABSTAIN on Item J.2. May 13, 2008 ,II - 7 - AGE N DA REV IE W S E S S ION ITEM # 57591 K. 7 Application of WELDEN FIELD OF VIRGINIA, L.L. C. for a Change ofZoninf! from 1-1 Light Industrial District, R-5D Residential Duplex District and 0-2 Office District to Conditional R-7.5 Residential District with a PD-H2 Overlay re developing sixty-nine (69) single-family dwellings and eighty-one (81) townhomes at Regent University Drive and Jake Sears Road DISTRICT 1 - CENTERVILLE Councilman Dyer will ABSTAIN on Item K. 7 (Welden field of Virginia, L.L.C) as he is employed by (Regent University) BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: ITEM # 57592 K. PLANNING 1. Application of CONNIE ONE, L.L.C,for an extension of time to August 21, 2008, to satisfy conditions re the discontinuance. abandonment and closure of a portion of Connie Lane (approved by City Council on May 22, 2007). DISTRICT 4 - BAYSIDE and DISTRICT 2 - KEMPSVILLE 3. Applicationsfor Conditional Use Permits re Wildlife Rehabilitation: a. JILL C HARRIS at 1115 Little Neck Road DISTRICT 5 - LYNNHA VEN b. ELYSE HERRON at 2255 Wake Forest Street DISTRICT 5 - LYNNHA VEN c. DEBORAH C. HOOVER-POWERS at 3829 Amberley Forest Place DISTRICT 3 - ROSE HALL d SUZANNE MCBRIDE at 5252 Pleasant Hall Court DISTRICT 2 - KEMPSVILLE e. DENISE N. THOMPSON at 1617 Jack Frost Road DISTRICT 4 - BAYSIDE 4. Application of RICK IRVINGfor a Conditional Use Permit re a residential kennel at 1908 North Muddy Creek Road DISTRICT 7 - PRINCESS ANNE 5. Application of LUXE SALON, L.L.c., for a Conditional Use Permit re a hair care center (hair, skin and nails) at 2105 McComas Way. DISTRICT 7 - PRINCESS ANNE May 13, 2008 ,II - 8 - AGE N DA REV IE W S E S S ION ITEM # 57592 (Continued) 6. Application ofTODAY'S HOMES, INC.,for an Amendment ora PD- H Plan re the Villages at West Neck (PD-H Plan approved by City Council on May 11, 1999; and, Modifications approved by City Council on June 26, 2001 and November 23, 2004 - Baymark Construction n Corporation and Baymark Golf, L.L.c.). DISTRICT 7 - PRINCESS ANNE Councilman Wood will ABSTAIN onJtem K.l (CONNIE ONE, LLC). Councilman Wood DISCLOSED and will ABSTAIN Pursuant to Section 2.2-3115(E), Code of Virginia and declared he is a member of Connie One, L.L.c., which is located at 208 Ash Avenue, Suite 101, Virginia Beach, Virginia 23452, and has a personal interest in the corporation. Councilman Wood's correspondence of May 13, 2008, is hereby made a part of the record. May 13. 2008 - 9 - ITEM # 57593 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration 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 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711 (A)(3). Beach District - London Street Princess Anne District - Water Tower LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). Cape Henry Beach Upon motion by Councilman Jones, seconded by Councilman Uhrin, City Council voted to proceed into CLOSED SESSION at 4:25 P.M. May 13, 2008 II - 10- ITEM # 57593 (Continued) Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva. Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel (Closed Session: 4:40 P.M. - 5:30 P.M.) (Break: 4:30 P.M. - 4:40 P.M. (Dinner: 5:30 P.M. - 5:55 P.M.) May 13, 2008 I i I - 11 - FORMALSESSION VIRGINIA BEACH CITY COUNCIL May 13, 2008 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 13 2008, at 6:00 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend William Dyson, Sr. Presiding Elder Portsmouth/Richmond/Roanoke District African American Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial ") purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 1 0, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. May 13, 2008 ,II - 12 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL (Continued) Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record May 13, 2008 - 13 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 57594 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11--0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2008 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 57593, Page 9, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 22-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOJ.f, THEREFORE, BE IT RESOL VED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. R: th Hodges Fraser, MMC City Clerk May 13, 2008 - 14 - Item V-F.] ITEM # 57595 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of May 6, 2008. Voting: 11--0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva. Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2008 ,I I - 15 - Item V-G.] ADOPT AGENDA FOR FORMAL SESSION ITEM # 57596 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION May 13, 2008 - 16 - Item V-G.2 MAYOR'S PRESENTATION ITEM 57597 Mayor Oberndorf recognized the following Boy Scouts in attendance to fulfill requirements for their "Citizenship Merit Badge" Troop #79 Fort Story - Saint Theresa Sponsored by: Association for the Preservation of Virginia Antiquities Ken Taliaferro John Fowler Scoutmasters Chris McDonnell Evan Fowler Michael Hanley Christian Taliaferro Kail Lundgren Benton Szejk Matt Hoffman Trafton Parsick Taylor Shortt Stuart Taliaferro Mayor Oberndorf presented the Scouts City Seal pins May 13, 2008 ,I i - 17 - Item V-H.1. PUBLIC HEARING ITEM 57598 Mayor Oberndorf DECLARED A PUBLIC HEARING: FY 2008-2009 BIENNIAL RESOURCE MANAGEMENT PLAN Operating Budget and Capital Improvement Program (CIP) The following registered to speak: Thomas Coghill, 804 Surfside Avenue, Phone: 422-3425, President - Tidewater Bicycle Association, represented the 6,000 to 7,000 serious bicycle riders in the City. Mr. Coghill distributed a frepared statement, which is hereby made a part of the record. Mr. Coghill referenced the April 1 t distributed report "Bicycle-Motor Vehicle Accidents in the City of Virginia Beach 2004-2007" George Bryant, 2320 Dodd Drive, Phone: 481-3309, 40-year resident ofWolfsnare Plantation. He explained that less spending would equal lower taxes; expressed concern re fee increases. Tougher spending reductions should be made, including cutting additional staffpositions by attrition. The cost of gasoline has increased 30% and diesel fuel and heating oil increased 60%. In the last year, with increases daily, groceries have increased 30%. Andrew Jackson, 153 Upperville Road, Phone: 490-9190, spoke in support of the Community Satellite Center for the Baker Corridor. Mr. Jackson was concerned relative the lack of facilities for Seniors Carl Wright, NAACP, 1144 Mondrin Loop, spoke in support of the Community Satellite Center for the Baker Corridor. Mr. Wright questioned re $3.6-MILLION investedfor an animal shelter and $350, 00010r a bike path, but not one dime cannot be invested re the Recreation Center. Robert Dean, 1204 Shawn Drive Phone: 427-6606, 47-year resident of Virginia Beach, citedfour (4) areas of concern: Management Services, Media and Communications, Economic Development, and the City Manager's Budgets. Since 2001, the Management Services Budget has increasedfrom $1.287- MILLION to $3. 996-MILLION, a 210% increase. No increase in workload can justify an increase of this magnitude. Media and Communications Department Budget has increasedform $8.2-MILLION to $30. 959-MILLION for a monumental 277.3%. Since 2001, the Economic Development Department Budget has soaredfrom $1. 658-MILLION to a monumental $4. 125-MILLION (an increase of 148.8%). The City Manager's Budget increasedform $2. 04-MILLION to $3.645-MILLION, an increase of 64%. The City maintains one of the highest tax burdens in the region. John McMullen, 504 Ben Hogan Drive, Phone: 499-3799, expressed concern re the Tax Increment Financing (TIF) and advised the City is in debt for over a $1-BILLION. "Our children and grandchildren will be paying this debt. " Sandy Linkous, 5225 South Lake Road, Phone; 464-1947, expressed concern re the Pedestrian Bridge from Town Center to Pembroke Mall with revenue from a new Tax Increment Financing District. Robert D. 0 'Connor, 204 52nd Street, Phone: 428-0902, represented the Citizens Action Coalition, Inc., advised there are two (2) inexpensive options to reducing traffic in the21st Century; proving incentives to move jobs closer to where people live and telecommuting. With incentives, companies could be convinced to establish satellite offices closer to where people reside. Mr. 0 'Connor quoted from the Virginia Magazine October 2002: "Why Referendums are not enough? - But just raising taxes and Bulding more roads will not work". May 13, 2008 ; I - 18 - Item V-H.1. PUBLIC HEARING ITEM 57598 (Continued) Marlayne Castelluzzo, 5189 Stratford Chase Drive, Phone: 474-4346, spoke re the City Manager's Budget proposal of a $3.5-MILLION foot bridge at Town Center (Town Center Parking Garage to the new 2-story Sun Trust Bank Building andfrom there to Pembroke Mall). Ms. Castelluzzo is a long term Virginia Beach School System employee. She gives herself a 3.5% raise in her right pocket and 18% to 32% is taken out of the left with increases in real estate taxes. Steven Zeligman, 1663 Dylan Drive, Phone: 285-9085, Touring Vice President of the Tidewater Bicycle Association. If he could ride his bicycle 13 miles to work for those 13 miles, safely in a bike lane, this would assist with the rising gasoline prices. Bruce Williams, Phone: 570-4463, Steering Committee for the Western Bayside project, very similar to a project goingforward. Mr. Williams spoke re the immediate need and spoke in support of the Community Satellite Center for the Baker Corridor. A location has been found in a Rite Aidfacility. Georgia F. Allen, 4649 Merrimac Way, Phone: 439-3390, President - Virginia Beach Branch of the NAACP, spoke in SUPPORT of the Recreation Center in Bayside. Ms. Vaughan lost her beautiful niece to gun violence. Henderson Vaughan, 5048 Holy Farms Drive, Phone: 493-2991,father and businessman in the Lake Edward Corridor, spoke in support of the Community Satellite Center for the Baker Corridor. John Moss, 4109 Richardson Road, Phone: 363-7745, advised the cigarette, meal and amusement taxes are paidfor by residents. The workingfamities have more difficult choices than the City. Citizens are working two jobs to pay for health insurance. Pay has increased less than 3% in the private sector. Famities are making sacrifices. The beautiful Haygood Shopping Center did not require Tax Increment Financing. May 13,2008 '" - 19 - Item V-H.2. PUBLIC HEARING ITEM 57599 Mayor Oberndorf DECLARED A PUBLIC HEARING: TAX RATE ON REAL PROPERTY FOR FY 2008-2009 (proposed) The following registered to speak: John Moss, 4109 Richardson Road, Phone: 363-7745, advised a real estate tax rate of 84~ could be supported. However, the revenue neutral rate would be 86. 6~, therefore, the current Budget reflects approximately a 2.8% real estate tax increase. Houses are probably over valued or over assessed by 5%. Therefore, individuals are taxed approximately 8% more than the current asset value. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. May 13, 2008 Item V-H.3. PUBLIC HEARING - 20- ITEM 57600 Mayor Oberndorf DECLARED A PUBLIC HEARING: LEASE OF CITY-OWNED PROPERTY - Dolphin Run 3rd Street and Atlantic Avenue There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING Item V-J. ,II May 13. 2008 - 21 - ORDINANCES/RESOLUTION ITEM 57601 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED in ONE MOTION Items 1a1 (AS AMENDED), 2, 3, 4, 5, 6, 7,8,9,10,11,12,13,14,15,16,17,18,19,20,21 (DEFERRED), 1b.1, 2, 3, 4 and 2 of the CONSENT AGENDA. Item Ia.21 was DEFERRED for afuture City Council Session. Voting: 9-2 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill" DeSteph and Reba S. McClanan Council Members Absent: None Council Lady McClanan DISCLOSED Pursuant to Section 2.2-3115(G), Code of Virginia, regarding the Item J1.b.1 Ordinance to ADOPT FY-2009/FY-2014 Capital Improvement Program (CIP); and, APPROPRIATE $221,504,384 for the FY 2009 Capital Budget, subject to funds being provided from various sources set forth therein. Council Lady McClanan DISCLOSED two (2) of the projects funded by the Ordinance are Princess Anne Road/Kempsville Road Intersection Improvements (eIP 2-048 and Witchduck Road Phase I (CIP 2-931) Transportation Plan. Her husband and she have an ownership interest in Kempsville Professional Center, Inc. This Corporation owns property located at 425 South Witchduck Road, near the intersection of Kempsville Road and Princess Anne Road. She is a member of a group (property owners) affected by the Princess Anne/Kempsville Intersection project, the members of which are affected by this transaction; however, she is able to participate in this discussion and vote fairly, objectively and in the public interest. Council Lady McClanan 's correspondence of May 13, 2008, is hereby made a part of the record. Council Lady McClanan DISCLOSED and ABSTAINED pursuant to Section 2. 2-3115 (G), Code of Virginia, regarding the Item J2. (Dolphin Run Condominium Association). The nature of her personal interest is she has an ownership in one of the condominiums at Dolphin Run Condominiums, located at 303 Atlantic Avenue. The City Attorney has advised she is able to participate in this discussion and vote fairly, objectively and in the public interest. However, she wishes to DISCLOSE and ABSTAIN. Council Lady McClanan 's correspondence of May 13, 2008, is hereby made a part of the record. May 13, 2008 ,j j - 22- Item V-J.J.a. ORDINANCES/RESOLUTION ITEM 57602 Upon motion by Vice Mayor Jones. seconded by Councilman Wood, City Council ADOPTED, AS AMENDED**: J.1. Ordinances/Resolutions re FY 2008-09 BIENNIAL RESOURCE MANAGEMENT PLAN: a. FY 2008-09 Operating Budget: 1) APPROPRIATEfor the Fiscal Year, beginning July 1,2008 and ending June 30, 2009, the sum of $1,762,234,983 for Operations and $63(J,837,(J3(} $630,898,530 in Interfund Transfers regulating the payment of money out of the City Treasury, as amended *The Appropriation Ordinance was AMENDED as per Mayor Oberndorf's proposal to modify the proposed Budget Ordinance by increasing appropriations $61,500 for a Summer Recreation and Enrichment program for Lake Edward ** The Appropriation Ordinance was further AMENDED as per Council Lady Henley's proposal to modify the proposed Budget Ordinance by increasing appropriations $47,000 to fully restore lifeguard services at Sandbridge. Voting: 9-2 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill" DeSteph and Reba S. McClanan Council Members Absent: None May 13, 2008 1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE 2 FISCAL YEAR BEGINNING JULY 1, 2008 AND ENDING JUNE 3 30,2009 IN THE SUM OF $1,762,234,983 FOR OPERATIONS 4 AND $630,898,530 IN INTERFUND TRANSFERS AND 5 REGULATING THE PAYMENT OF MONEY OUT OF THE CITY 6 TREASURY, AS AMENDED 7 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year 8 beginning July 1, 2008. and ending June 30, 2009, and it is necessary to appropriate sufficient funds to cover 9 said budget; 10 11 NOW. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 14 Sec. 1. That the amounts named aggregating $2,393,133,513 consisting of $630,898,530 in interfund 15 transfers and $1,762,234,983 for operations, are hereby appropriated subject to the conditions hereinafter set 16 forth for the use of departments, and designated funds of the City government. and for the purposes hereinafter 17 mentioned, as set forth in the Annual Operating Budget, which is hereby incorporated by reference. for the fiscal 18 year beginning July 1, 2008, and ending June 30, 2009. a summary of which is attached to this ordinance as 19 "Attachment A - Appropriations." 20 21 Sec. 2. That in accordance with Section 5.04 of the City Charter, Estimated Revenue in Support of 22 Appropriations is set forth in said Annual Operating Budget, with a summary of Estimated Revenue in Support of 23 Appropriations attached to this ordinance as "Attachment B - Revenues." 24 25 Sec. 3. With the exception of the School Operating Fund, the total number of full-time permanent 26 positions shall be the maximum number of positions authorized for the various departments of the City during the 27 fiscal year. except for changes or additions authorized by the Councilor as hereinafter provided. The City 28 Manager may from time to time increase or decrease the number of part-time or temporary positions provided the 29 aggregate amount expended for such services shall not exceed the respective appropriations made therefore. 30 The City Manager is further authorized to make such rearrangements of positions within and between the 31 departments as may best meet the needs and interests of the City. 32 33 Sec. 4. To improve the effectiveness and efficiencies of the government in service delivery, the City 34 Council hereby authorizes the City Manager or his designee to transfer appropriated funds and existing positions 35 throughout the fiscal year as may be necessary to implement organizational adjustments that have been 36 authorized by the City Council. Unless otherwise directed by the City Council, such organizational adjustments 37 shall be implemented on such date or dates as the City Manager determines, in his discretion, to be necessary to 38 guarantee a smooth and orderly transition of existing organizational functions. The City Manager shall make a 39 report each year to the City Council identifying the status and progress of any such organizational adjustments. 40 41 Sec. 5. All current and delinquent collections of local taxes shall be credited to the General Fund and, 42 where appropriate. to any special service district special revenue fund or any tax increment financing funds 43 created by City Council. Transfers shall be made from the General Fund to the respective designated funds to 44 which a special levy is made in the amount of collection for each specially designated fund. 45 46 Sec. 6. All balances of the appropriations payable out of each fund of the City Treasury at the close 47 of business for the fiscal year ending on June 30,2009, unless otherwise provided for, are hereby declared to be 48 lapsed into the fund balance of the respective funds, except the School Operating Fund which shall lapse into the 49 General Fund Balance, and may be used for the payment of the appropriations that may be made in the 50 appropriation ordinance for the fiscal year beginning July 1, 2009. However, there shall be retained in the 51 General Fund an undesignated fund balance of 8% to 12% of the following year's budgeted revenues, for 52 contingency and emergency situations, not to be used to support appropriations approved in the ordinance for 53 the fiscal year beginning July 1. 2008, except upon subsequent authorization by City Council. 54 55 Sec. 7. That the City's debt management policies for the Water and Sewer Enterprise Fund shall 56 serve as a basis for developing financial strategies for the water and sanitary sewer system based on the 57 following guidelines: (a) for the Water and Sewer Fund, the goal of retaining working capital equal to 80% to 58 100% of one year's operating expense shall be pursued; (b) for the Water and Sewer Fund, the goal shall be for 59 debt service coverage on its water and sewer revenue bonds at not less than 1.50 times and, on a combined 60 basis, including water and sewer general obligation bonds, at no less than 1.20 times and (c) for the Water and 61 Sewer Fund, contributions from non-borrowed funds, on a five-year rolling average basis, will be sought for 62 approximately 25% of the annual capital program for the water and sewer system. 63 64 Sec. 8. All balances of appropriations in each fund which support authorized obligations or are 65 encumbered at the close of the business for the fiscal year ending on June 30, 2009, are hereby declared to be 66 reappropriated into the fiscal year beginning July 1, 2009, and estimated revenues adjusted accordingly. 67 68 Sec. 9. No department or agency for which appropriations are made under the provisions of this 69 ordinance shall exceed the amount of such appropriations except with the consent and approval of the City 70 Council first being obtained. It is expressly provided that the restrictions with respect to the expenditure of the 71 funds appropriated shall apply only to the totals for each Appropriation Unit included in this ordinance and does 72 not apply to Interfund Transfers. 73 74 Sec. 10. The City Manager or the Director of Management Services is hereby authorized to approve 75 transfers of appropriations in an amount up to $100,000 between any Appropriation Units included in this 76 ordinance. The City Manager shall make a monthly report to the City Council of all transfers between $25,000 77 and $100,000. In addition, the City Manager may transfer, in amounts necessary, appropriations from all 78 Reserves for Contingencies except Reserve for Contingencies - Regular, within the intent of the Reserve as 79 approved by City Council. 80 81 Sec. 11. The City Manager or the Director of Management Services is hereby authorized to establish 82 and administer budgeting within Appropriation Units consistent with best management practices, reporting 83 requirements, and the programs and services adopted by the City Council. 84 85 Sec. 12. The City Manager or the Director of Management Services is hereby authorized to change 86 the Estimated Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in 87 support of an Operating Appropriation Unit declines, the City Manager or the Director of Management Services is 88 hereby authorized to reduce, subject to any other provision of law, those appropriations to equal the decline in 89 Estimated Revenue. The City Manager shall give prior notice to the City Council of any reduction to total 90 appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the 91 appropriation reduction and the Appropriation Units affected. The accounting records of the City will be 92 maintained in a manner that the total of Estimated Revenue is equal to the total of the Appropriation Units for 93 each of the City's funds. The City Manager or the Director of Management Services is hereby authorized to 94 transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for which 95 those funds were appropriated have been incurred. Nothing in this section shall be construed as authorizing any 96 reduction to be made in the amount appropriated in this ordinance for the payment of interest or principal on the 97 bonded debt of the City Government. 98 99 Sec. 13. Allowances made from the appropriations made in this ordinance by any or all of the City 100 departments, bureaus, or agencies, to any of their officers and employees for expenses on account of the use by 101 such officers and employees of their personal automobiles in the discharge of their official duties shall not exceed 102 forty two cents ($0.42) per mile of actual travel for the first 15,000 miles and fifteen cents ($0.15) per mile for 103 additional miles of such use within the fiscal year. 104 105 Sec. 14. In the event of an emergency and under emergency circumstances wherein the City Council 106 cannot reasonably hold a meeting, the City Manager is authorized to transfer and expend appropriated sums 107 from any budget account to ensure that the emergency is handled as efficiently and expeditiously as possible. 108 Immediately following the expenditure of funds under this provision, and as soon as the City Council can 109 reasonably meet under the existing circumstances, the City Manager shall notify the City Council of the reason 110 for such action, how funds were expended, and present to the City Council for adoption an emergency 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 appropriations ordinance that sets forth what measures are required to ensure that funds are forthwith restored to the appropriate accounts and that the budget is balanced at the end of the fiscal year in which the emergency expenditures occurred. An emergency is defined for the purposes of this provIsion as an event that could not have been reasonably foreseen at the time of the adoption of the budget, and in which (i) an immediate threat to the public health, safety or welfare is involved, such as clean-up after a hurricane, and/or (ii) immediate action is required to protect or preserve public properties. Sec. 15. All travel expense accounts shall be submitted on forms approved by the Director of Finance and according to regulations approved by the City Council. Each account shall show the dates expenses were incurred or paid; number of miles traveled; method of travel; hotel expenses; meals; and incidental expenses. The Director of Finance is specifically directed to withhold the issuance of checks in the event expense accounts are submitted for "lump-sum" amounts. Sec. 16. That projections have been prepared and considered for fiscal year 2009-10, the second year of the biennial budget, and such projections shall form the basis for the fiscal year 2009-10 operating budget. The City Manager will modify these as appropriate and will present a proposed fiscal year 2009-10 budget to City Council for review and subsequent adoption. Sec. 17. Funds in the amount of $2.200.000 are hereby appropriated from the General Fund Balance to the Risk Manaqement Internal Service Fund Balance. The City Manaqer is hereby authorized to transfer these funds to the Risk Manaqement Internal Service Fund. to ensure that the Risk Manaqement Internal Service Fund has sufficient resources to meet anticipated claims. provided that such transfers do not conflict with the provisions of Section 6 of this ordinance. Sec. 18. Violation of this ordinance may result in disciplinary action by the City Manager against the person or persons responsible for the management of the Appropriation Unit in which the violation occurred. Sec. 19. This ordinance shall be effective on July 1, 2008. Sec. 20. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining parts of this ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on this the 13th day of May, 2008. Requires an affirmative vote by a majority of the members of City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ~/, / ,...J )~. ~ / ' ..."', ,I .-../ ' (/ t. X: ::(j/~ ,~- Management Services R~ City Attorney's Office City of Virginia Beach, Virginia Fiscal Year 2008-09 Budget Ordinance Attachment A - Appropriations FY 2008-09 Proposed 002 General Fund Agriculture Audit Services Benefits Administration Board of Equalization Circuit Court City Attorney City Clerk City Manager City Real Estate Assessor City Treasurer Clerk of the Circuit Court Commissioner of the Revenue Commonwealth's Attorney Communications and Information Technology Community Organization Grants Convention and Visitor Bureau Cultural Affairs Director of Finance Economic Development Emergency Medical Services Employee Special Benefits Fire General District Court General Registrar Health Housing and Neighborhood Preservation Human Resources Human Services Independent Financial Services Juvenile Probation Juvenile and Domestic Relations District Court Library Magistrates Management Services Mass Transit Operations Municipal Council Museums Parks and Recreation Planning and Community Development Police Public Works Regional Participation Reserve for Contingencies Revenue Reimbursements Transfer to Other Funds Vehicle Replacements 831,185 532,949 814,890 18,914 996,122 3,894,926 624,982 3,619,081 3,123,418 5,146,689 2,818,599 3,929,241 7,460,151 31,135,402 695,334 10,370,130 2,448,538 4,420,631 2,657,158 6,990,242 4,943,054 42,708,729 315,772 1,379,042 3,399,228 1,746,341 4,636,972 108,741,663 150,861 2,308,185 166,299 16,646,388 128,343 4,011,285 2,879,034 584,244 9,142,990 13,665,384 10,387,610 87,464,549 82,934,701 2,030,954 5,902,836 15,231,546 552,823,146 3,019,524 City of Virginia Beach, Virginia Fiscal Year 2008-09 Budget Ordinance Attachment A - Appropriations Wetlands Board of Virginia Beach Zoning Board of Appeals FY 2008-09 Proposed 14,100 46,866 Fund 002 Appropriation Totals 1,069,938,228 107 School EQuipment Replacement Special Revenue Fund Reserve for Contingencies Fund 107 Appropriation Totals 1,312,129 1,312,129 108 School Instructional TechnoloQY Fund Instructional Technology 2,915,945 Fund 108 Appropriation Totals 2,915,945 109 School VendinQ Operations Fund Education. Athletic 609,815 Fund 109 Appropriation Totals 609,815 112 School Communication Tower TechnoloQY Fund Instructional Technology 560,000 Fund 112 Appropriation Totals 560,000 114 School Cafeteria Fund Education - Cafeteria 26,794,640 Fund 114 Appropriation Totals 26,794,640 115 School OperatinQ Fund Administration, Attendance, and Health Instruction Operations and Maintenance Pupil Transportation 24,213,109 565,720,682 102,170,406 31,820,893 Fund 115 Appropriation Totals 723,925,090 116 School Grants Fund Education - Grants 54,872,411 Fund 116 Appropriation Totals 54,872,411 117 School Textbook Fund Education - Textbook Fund 117 Appropriation Totals 7,880,290 7,880,290 119 School Athletic Special Revenue Fund Education - Athletic Fund 119 Appropriation Totals 4,742,963 4,742,963 130 Law Library Fund Library (Law Library) Reserve for Contingencies Transfer to Other Funds Fund 130 Appropriation Totals 221,631 1,317 60,000 282,948 142 DEA Seized Property Special Revenue Fund Commonwealth's Attorney Fund 142 Appropriation Totals 160,000 160,000 City of Virginia Beach, Virginia Fiscal Year 2008-09 Budget Ordinance Attachment A - Appropriations 147 Federal Section 8 ProQram Special Revenue Fund Housing and Neighborhood Preservation (Section 8 Housing) Housing and Neighborhood Preservation (Section 8) Fund 147 Appropriation Totals 149 Sheriff's Department Special Revenue Fund Sheriff and Corrections Fund 149 Appropriation Totals 150 Inmate Services Special Revenue Fund Sheriff and Corrections (Inmate Services) Transfer to Other Funds Fund 150 Appropriation Totals 151 Parks and Recreation Special Revenue Fund Parks and Recreation Public Works Fund 151 Appropriation Totals 152 Tourism Growth Investment Fund Convention and Visitor Bureau (TGIF) Cultural Affairs Parks and Recreation (TGIF) Planning and Community Development (TGIF) Public Works (TGIF) Reserve for Contingencies Transfer to Other Funds Fund 152 Appropriation Totals 157 SandbridQe Special Service District Special Revenue Fund Transfer to Other Funds Fund 157 Appropriation Totals 161 AQriculture Reserve ProQram Special Revenue Fund Agriculture (Agricultural Reserve Program) Future C.I.P. Commitments Transfer to Other Funds Fund 161 Appropriation Totals 163 Tourism AdvertisinQ ProQram Special Revenue Fund Convention and Visitor Bureau (Tourism Advertising) Reserve for Contingencies Transfer to Other Funds Fund 163 Appropriation Totals 165 Lvnnhaven Mall Tax Increment FinancinQ Fund Reserve for Contingencies Tax Increment Financing Fund 165 Appropriation Totals FY 2008-09 Proposed 183,494 14,410,573 14,594,067 36,099,537 36,099,537 669,912 274,551 944,463 26,254,207 2,651,536 28,905,743 3,163,119 50,500 33,213 427,721 762,980 668,376 13,750,077 18,855,986 3,460,626 3,460,626 210,829 1,152,685 3,528,635 4,892,149 9,656,920 28,071 55,724 9,740,715 73,649 2,050,000 2,123,649 City of Virginia Beach, Virginia Fiscal Year 2008-09 Budget Ordinance Attachment A - Appropriations 166 Sandbridae Tax Increment Financina Fund Future C.I.P. Commitments Transfer to Other Funds Fund 166 Appropriation Totals 169 Central Business District. South TIF (Town Center) Fund Transfer to Other Funds 172 Open Space Special Revenue Fund Parks and Recreation (Open Space) Public Works (Open Space) Transfer to Other Funds 173 Maior Proiects Special Revenue Fund Transfer to Other Funds 17 4 Town Center Special Service District Reserve for Contingencies Town Center Special Tax District 175 Golf Course Special Revenue Fund Parks and Recreation (Golf Courses) Reserve for Contingencies Transfer to Other Funds 176 Transition Area Special Revenue Fund Future C.I.P. Commitments 180 Community Development Special Revenue Fund Community Development Block Grants Housing and Neighborhood Preservation Transfer to Other Funds 181 CD Loan and Grant Fund Community Development Block Loan and Grants 182 Federal Housina Assistance Grant Fund Federal HOME Grants 183 Grants Consolidated Fund Commonwealth's Attorney - Grants Emergency Medical Services (Grants) Fire (Fire Programs) Housing and Neighborhood Grants Human Services Fund 169 Appropriation Totals Fund 172 Appropriation Totals Fund 173 Appropriation Totals Fund 174 Appropriation Totals Fund 175 Appropriation Totals Fund 176 Appropriation Totals Fund 180 Appropriation Totals Fund 181 Appropriation Totals Fund 182 Appropriation Totals FY 2008-09 Proposed 9,909,296 744,374 10,653,670 5,296,567 5,296,567 404,250 15,000 4,918,029 5,337,279 20,763,789 20,763,789 133,564 1,539,577 1,673,141 2,479,605 25,000 289,550 2,794,155 467,391 467,391 1,498,504 1,313,387 125,592 2,937,483 782,586 782,586 1,478,449 1,478,449 302,781 311,100 600,000 1,113,869 1,315,612 City of Virginia Beach, Virginia Fiscal Year 2008-09 Budget Ordinance Attachment A - Appropriations Police (Uniform Patrol Grant) Public Works Grants Reserve for Contingencies Social Services Grants Transfer to Other Funds FY 2008-09 Proposed 71,271 15,000 102,221 824,063 400,000 Fund 183 Appropriation Totals 5,055,917 187 Marine Science Museum Grants Fund Museum Grants 31,000 Fund 187 Appropriation Totals 31,000 241 Water and Sewer Fund Debt Service Public Utilities Reserve for Contingencies Transfer to Other Funds Fund 241 Appropriation Totals 15,461,289 68,464,336 4,215,966 13,331,732 101,473,323 253 Parkina Enterprise Fund Convention and Visitor Bureau (Parking) Transfer to Other Funds Fund 253 Appropriation Totals 1,696,889 849,425 2,546,314 255 Storm Water Utilitv Enterprise Fund Debt Service Public Works (Storm Water Operations) Transfer to Other Funds Fund 255 Appropriation Totals 2,011,810 10,615,443 10,226,713 22,853,966 302 General Debt Fund Debt Service Fund 302 Appropriation Totals 123,965,442 123,965,442 460 School General Revenue Capital Proiects Fund School Capital Projects Fund 460 Appropriation Totals 13,936,308 13,936,308 540 General Government Capital Proiects Fund Building Capital Projects Coastal Capital Projects Communications and Information Technology Projects Economic and Tourism Development Capital Projects Parks and Recreation Capital Projects Roadways Capital Projects Fund 540 Appropriation Totals 4,001,518 7,063,402 389,493 12,663,855 10,383,990 7,657,249 42,159,507 541 Water and Sewer Capital Proiects Fund Water and Sewer Capital Projects Fund 541 Appropriation Totals 7,000,000 7,000,000 City of Virginia Beach, Virginia Fiscal Year 2008-09 Budget Ordinance Attachment A - Appropriations FY 2008-09 Proposed 555 Storm Water Capital Proiects Fund Storm Water Capital Projects 8,200,232 Fund 555 Appropriation Totals 8,200,232 908 City Beautification Fund Parks and Recreation 20,000 Fund 908 Appropriation Totals 20,000 909 Library Gift Fund Library Gift 5,600 Fund 909 Appropriation Totals 5,600 911 Parks and Recreation Gift Fund Parks and Recreation (Gift Fund) 90,000 Fund 911 Appropriation Totals 90,000 2,393,133,513 630,898,530 1,762,234,983 Total Budget Appropriations Less Interfund Transfers NET BUDGET APPROPRIATIONS City of Virginia Beach, Virginia Fiscal Year 2008-09 Budget Ordinance Attachment B - Revenues 002 General Fund Revenue from Local Sources General Property Taxes Other Local Taxes Permits, Privilege Fees, and Regulatory Licenses Fines and Forfeitures From the Use of Money and Property Charges for Services Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Transfers from Other Funds 107 School Equipment Replacement Special Revenue Fund Specific Fund Reserves 108 School Instructional Technoloav Fund Specific Fund Reserves 109 School Vendina Operations Fund Revenue from Local Sources From the Use of Money and Property Miscellaneous Revenue Specific Fund Reserves 112 School Communication Tower Technoloav Fund Revenue from Local Sources From the Use of Money and Property Specific Fund Reserves 114 School Cafeteria Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government 115 School OperatinQ Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Revenue from the Commonwealth State Shared Sales Tax Other Sources from the Commonwealth Revenue from the Federal Government Transfers from Other Funds Fund 002 Revenue Totals Fund 107 Revenue Totals Fund 108 Revenue Totals Fund 109 Revenue Totals Fund 112 Revenue Totals Fund 114 Revenue Totals Fund 115 Revenue Totals FY 2008-09 Proposed 623,169,832 264,193,725 5,752,109 7,381 ,860 11,437,142 18,513,368 3,923,488 102,192,355 23,455,318 9,919,031 1,069,938,228 1,312,129 1,312,129 2,915,945 2,915,945 25,000 225,000 359,815 609,815 260,000 300,000 560,000 110,000 15,879,119 140,000 330,000 10,335,521 26,794,640 465,000 1,896,945 472,000 77,554,848 289,782,618 14,771,131 338,982,548 723,925,090 City of Virginia Beach, Virginia Fiscal Year 2008-09 Budget Ordinance Attachment B - Revenues 116 School Grants Fund Revenue from Local Sources Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government 117 School Textbook Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth 119 School Athletic Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Specific Fund Reserves 130 Law Library Fund Revenue from Local Sources From the Use of Money and Property Charges for Services 142 DEA Seized Property Special Revenue Fund Specific Fund Reserves 147 Federal Section 8 ProQram Special Revenue Fund Revenue from Local Sources Miscellaneous Revenue Revenue from the Federal Government Transfers from Other Funds Specific Fund Reserves 149 Sheriffs Department Special Revenue Fund Revenue from Local Sources Charges for Services Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Transfers from Other Funds Specific Fund Reserves Fund 116 Revenue Totals Fund 117 Revenue Totals Fund 119 Revenue Totals Fund 130 Revenue Totals Fund 142 Revenue Totals Fund 147 Revenue Totals Fund 149 Revenue Totals FY 2008-09 Proposed 2,882,326 13,525,262 38,464,823 54,872,411 100,000 6,000 2,590,546 5,183,744 7,880,290 45,000 484,348 4,189,615 24,000 4,742,963 6,948 276,000 282,948 160,000 160,000 18,000 13,028,461 256,606 1,291,000 14,594,067 2,240,460 33,215 19,373,660 240,900 13,206,975 1,004,327 36,099,537 City of Virginia Beach, Virginia Fiscal Year 2008-09 Budget Ordinance Attachment B - Revenues 150 Inmate Services Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Transfers from Other Funds Specific Fund Reserves Fund 150 Revenue Totals 151 Parks and Recreation Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Revenue from the Federal Government Transfers from Other Funds Specific Fund Reserves Fund 151 Revenue Totals 152 Tourism Growth Investment Fund Revenue from Local Sources Permits, Privilege Fees, and Regulatory Licenses Fines and Forfeitures From the Use of Money and Property Transfers from Other Funds Fund 152 Revenue Totals 157 Sandbridae Special Service District Special Revenue Fund Revenue from Local Sources General Property Taxes Other Local Taxes From the Use of Money and Property Transfers from Other Funds Specific Fund Reserves Fund 157 Revenue Totals 161 Aariculture Reserve Proaram Special Revenue Fund Revenue from Local Sources Miscellaneous Revenue Transfers from Other Funds Fund 161 Revenue Totals 163 Tourism Advertisina Proaram Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Transfers from Other Funds Fund 163 Revenue Totals 165 Lvnnhaven Mall Tax Increment Financina Fund Revenue from Local Sources General Property Taxes Fund 165 Revenue Totals FY 2008-09 Proposed 15,000 925,412 2,421 1,630 944,463 1,086,451 10,964,926 37,000 1,000 16,566,366 250,000 28,905,743 72,091 569,051 518,233 17,696,611 18,855,986 807,850 851 ,836 73,183 1,464,571 263,186 3,460,626 551 4,891,598 4,892,149 48,442 300,950 40,000 9,351,323 9,740,715 2,123,649 2,123,649 City of Virginia Beach, Virginia Fiscal Year 2008-09 Budget Ordinance Attachment B - Revenues 166 Sandbridae Tax Increment Financina Fund Revenue from Local Sources General Property Taxes From the Use of Money and Property Fund 166 Revenue Totals 169 Central Business District - South TIF (Town Center) Fund Revenue from Local Sources General Property Taxes From the Use of Money and Property Specific Fund Reserves Fund 169 Revenue Totals 172 Open Space Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Transfers from Other Funds Specific Fund Reserves Fund 172 Revenue Totals 173 Maior Proiects Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Transfers from Other Funds Specific Fund Reserves Fund 173 Revenue Totals 174 Town Center Special Service District Revenue from Local Sources General Property Taxes Fund 174 Revenue Totals 175 Golf Course Special Revenue Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Fund 175 Revenue Totals 176 Transition Area Special Revenue Fund Transfers from Other Funds Fund 176 Revenue Totals 180 Community Development Special Revenue Fund Revenue from Local Sources Charges for Services Revenue from the Federal Government Transfers from Other Funds Fund 180 Revenue Totals 181 CD Loan and Grant Fund Revenue from the Federal Government Non-Revenue Receipts Fund 181 Revenue Totals FY 2008-09 Proposed 10,148,736 504,934 10,653,670 5,188,969 55,970 51,628 5,296,567 216,578 3,898,497 1,222,204 5,337,279 733,457 17,375,776 2,654,556 20,763,789 1,673,141 1,673,141 197,000 2,597,155 2,794,155 467,391 467,391 87,500 1,950,743 899,240 2,937,483 482,586 300,000 782,586 City of Virginia Beach, Virginia Fiscal Year 2008-09 Budget Ordinance Attachment B - Revenues FY 2008-09 Proposed 182 Federal Housina Assistance Grant Fund Revenue from the Federal Government Non-Revenue Receipts Fund 182 Revenue Totals 1,403,519 74,930 1,478,449 183 Grants Consolidated Fund Revenue from Local Sources Charges for Services Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Transfers from Other Funds 65,000 Fund 183 Revenue Totals 2,823,935 1,795,876 371,106 5,055,917 187 Marine Science Museum Grants Fund Revenue from the Federal Government 31,000 31,000 Fund 187 Revenue Totals 241 Water and Sewer Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Non-Revenue Receipts Transfers from Other Funds Specific Fund Reserves 2,630,672 94,139,797 242,791 4,103,526 256,537 100,000 Fund 241 Revenue Totals 101,473,323 253 Parkina Enterprise Fund Revenue from Local Sources Permits, Privilege Fees, and Regulatory Licenses From the Use of Money and Property Charges for Services Transfers from Other Funds 30,000 81,000 2,176,511 258,803 Fund 253 Revenue Totals 2,546,314 255 Storm Water Utilitv Enterprise Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Revenue from the Commonwealth Other Sources from the Commonwealth Transfers from Other Funds 160,000 17,432,900 5,190,739 70,327 Fund 255 Revenue Totals 22,853,966 302 General Debt Fund Transfers from Other Funds Specific Fund Reserves 123,666,756 298,686 Fund 302 Revenue Totals 123,965,442 460 School General Revenue Capital Proiects Fund Transfers from Other Funds 13,936,308 Fund 460 Revenue Totals 13,936,308 City of Virginia Beach, Virginia Fiscal Year 2008-09 Budget Ordinance Attachment B - Revenues FY 2008-09 Proposed 540 General Government Capital Projects Fund Transfers from Other Funds 42,159,507 Fund 540 Revenue Totals 42,159,507 541 Water and Sewer Capital Projects Fund Transfers from Other Funds 7,000,000 Fund 541 Revenue Totals 7,000,000 555 Storm Water Capital Projects Fund Transfers from Other Funds 8,200,232 Fund 555 Revenue Totals 8,200,232 908 City Beautification Fund Revenue from Local Sources Miscellaneous Revenue 20,000 Fund 908 Revenue Totals 20,000 909 Library Gift Fund Revenue from Local Sources Miscellaneous Revenue 5,600 Fund 909 Revenue Totals 5,600 911 Parks and Recreation Gift Fund Revenue from Local Sources Miscellaneous Revenue 90,000 Fund 911 Revenue Totals 90,000 2,393,133,513 630,898,530 1,762,234,983 Total Budget Revenues Less Interfund Transfers NET BUDGET REVENUES - 23 - Item V-J.l.a.2-20. ORDINANCES/RESOLUTION ITEM 57602 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: a. FY 2008-09 Operating Budget 2) ESTABLISH the tax levy on real estate for FY 2009 at eighty- nine cents ($.89) per $100 assessed value 3) ESTABLISH the tax levy on personal property and machinery and tools for the calendar year 2009 4) AUTHORIZE the City Manager to submit an Annual Funding Plan to the U S. Department of Housing and Urban Development (HUD) re renewal offunding the Plan 5) AMEND 8935-64 and 35-67 of the City Code re the exemption or deferral of real estate taxes for elderly or disabled persons by increasing income and net worth limits 6) DECLARE $9,000,000 within the Sandbridge Tax Increment Financing District (TIF) as Surplus in the FY 2007-08 Operating Budget 7) AMEND 835-159 of the City Code re the Lodging Tax by extending its sunset provisions to maintain the tax at its current amount 8) AMEND &35-207 of the City Code by increasing the amount of the Cigarette Tax 9) AMEND 832.5-2 of the City Code re the Equivalent Residential Unit (ERU) Fee by increasing the rate 10) AMEND 827-5 of the City Code refalse burglar alarms for commercial and residential properties by increasing the penalty 11) AMEND 812-49.1 of the City Code re permits and inspection fees 12) AMEND 8916-35,23-46,23-48,23-50 and 23-50.1 of the City Code re the increase in administrative fees for regulation of unsafe structures and abatement of various nuisances 13) AMEND 831-35 of the City Code re yard waste containers by establishing aforty-dollar ($40) usage fee Monday through Thursday and a seventy-jive dollar ($ 75) weekend usage fee 14) AMEND &16-12. 7 of the City Code re rental dwelling units by establishing inspection fees May 13,2008 - 24- Item V-J.1.a.2-20. ORDINANCES/RESOLUTION ITEM 57602 (Continued) 15) AMEND ~16-40 of the City Code re the abatement of inoperable vehicles on residential. commercial or agricultural property by establishing an administrative fee 16) AMEND 928-4, 37-7.1 and Appendix B, Section 5.9 of the City Code re various water and sewer fees 17) AMEND 937-54 of the City Code re the payment of water bills by establishing a late fee 18) AMEND ~ 33-71 of the City Code re various planning fees 19) AMEND 9 35-80.1 of the City Code re real estate tax exemptions and credits for the rehabilitation of historically significant structures (requested by Council Lady Henley) 20) AUTHORIZE the City Manager to utilize $1,000,000from the Health Insurance Internal Service Fund and $4, 000, 000 from the General Fund to make the City's actuarial payment in accordance with GASB45 guidelines; and, DIRECT the City Manager to maintain a balance in the Health Insurance Internal Service Fund equal to one (1) month's health care expense Voting: 9-2 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Barbara M Henley. Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill" DeSteph and Reba S. McClanan Council Members Absent: None May 13, 2008 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON 2 PERSONAL PROPERTY AND MACHINERY AND TOOLS FOR 3 THE CALENDAR YEAR 2009 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 6 Sec. 1. Amount of Levy on Tangible Personal Property. 7 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and 8 collected for general purposes for the calendar year 2009 on all tangible personal property, including all separate 9 classifications of personal property set forth in the Code of Virginia, not exempt from taxation and not otherwise 10 provided for in this ordinance, at the rate of three dollars and seventy cents ($3.70) on each one hundred dollars 11 ($100) assessed valuation thereof. 12 Specific categories of personal property taxed at this rate include. but are not limited to, the 13 following: 14 a. aircraft and flight simulators as described in Code of Virginia 9 58.1-3506 (A) (2) and (3) ; 15 b. antique motor vehicles as described in Code of Virginia 9 58.1-3506 (A) (4) ; 16 c. heavy construction equipment as described in Code of Virginia 9 58.1-3506 (A) (6) ; 17 d. computer equipment as described in Code of Virginia 9 58.1-3506 (A) (9) ; 18 e. tangible personal property as described in (a) Code of Virginia 9 58.1-3660 as "certified 19 pollution control equipment and facilities" or (b) Code of Virginia 9 58.1-3661 as "certified solar equipment, 20 facilities or devices and certified recycling equipment, facilities or devices"; and 21 f. personal vehicles as described in 9 58.1-3524 of the Code of Virginia. Taxes shall be 22 levied and collected for general purposes for the calendar year 2009 on the assessed value of all personal 23 vehicles not otherwise exempted from taxation in this ordinance, subject to the following: 24 1. Any personal vehicle with a total assessed value of $1 ,000 or less will be levied no tax. 25 2. Any personal vehicle with an assessed value of between $1,001 and $20.000 will be 26 levied ~ 42.5% of the computed tax based on the total assessed value of the vehicle. Reimbursement is 27 expected from the state under the Personal Property Tax Relief Act equal to the remaining ~ 57.5% of the 28 computed tax on the first $20.000 of assessed value. 29 3. Any personal vehicle with an assessed value of over $20,000 will be levied ~ 42.5% 30 of the computed tax based on the first $20,000 of assessed value and 100% of the computed tax based on the 31 assessed value in excess of $20,000. Reimbursement is expected from the state under the Personal Property 32 Tax Relief Act equal to the remaining ~ 57.5% of the computed tax on the first $20,000 of assessed value. 33 4. Pursuant to authority conferred in Item 503.0 of the 2005 Virginia Appropriations Act, the 34 City Treasurer is authorized to issue a supplemental personal property tax bill, in the amount of 100% of the tax 35 due without regard to any former entitlement to state relief, plus applicable penalties and interest, to any taxpayer 36 whose taxes with respect to a qualifying vehicle for tax year 2005 or any prior tax year remain unpaid on 37 September 1, 2006, or such earlier date as reimbursement with respect to such bill is no longer available from the 38 Commonwealth, whichever earlier occurs. Penalties and interest with respect to bills issued pursuant to this 39 section shall be computed on the entire amount of tax owed. Interest shall be computed from the original due 40 date of the tax. 41 42 Sec. 2. Amount of Levy on Manufactured Homes. 43 In accordance with Section 58.1-3506 (A) (8) of the Code of Virginia, there shall be levied and 44 collected for general purposes for the calendar year 2009 taxes on all vehicles without motive power, used or 45 designated to be used as manufactured homes, as defined by Section 36-85.3 of the Code of Virginia, at the rate 46 of eighty-nine cents ($0.89) on each one hundred dollars ($100) of assessed valuation thereof. 47 48 Sec. 3. Amount of Levy on All Boats or Watercraft Weighing Five Tons or More. 49 In accordance with Section 58.1-3506 (A) (1) of the Code of Virginia, there shall be levied and 50 collected for general purposes for the calendar year 2009 taxes on all boats or watercraft weighing five (5) tons or 51 more, except as provided for in Section 5 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each 52 one hundred dollars ($100) of assessed valuation thereof. 53 Sec. 4. Amount of Levy on Machinery and Tools. 54 In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected 55 for general purposes for the calendar year 2009 taxes on machinery and tools, including machinery and tools 56 used directly in the harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at 57 the rate of one dollar and ninety cents ($1.00) ($1.90) on each one hundred dollars ($100) of assessed valuation 58 thereof. As provided by Code of Virginia ~ 58.1-3506 (8) , the following personal property shall also be taxed at 59 the rate of machinery and tools: 60 a. all tangible personal property used in research and development businesses, as 61 described in Code of Virginia ~ 58.1-3506 (A) (5) ; 62 b. generating or cogenerating equipment, as described in Code of Virginia ~ 58.1-3506 (A) 63 (7); and 64 c. all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds 65 or more used to transport property for hire by a motor carrier engaged in interstate 66 commerce, as described in Code of Virginia ~ 58.1-3506 (A) (23) . 67 68 Sec. 5. Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational 69 Purposes Only. 70 In accordance with Sections 58.1-3506 (A) (10) , (A) (26) , and (A) (27) of the Code of Virginia, 71 there shall be levied and collected for general purposes for the calendar year 2009 taxes on all privately owned 72 pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent 73 ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. 74 75 Sec. 6. Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers, and 76 Motor Homes Used for Recreational Purposes Only, and Privately Owned Horse Trailers. 77 In accordance with Sections 58.1-3506 (A) (16) and (A) (28) of the Code of Virginia, there shall 78 be levied and collected for general purposes for the calendar year 2009 taxes at the rate of one dollar and fifty 79 cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof on the following property: (a) all 80 privately owned camping trailers and motor homes as defined in Section 46.2-100 of the Code of Virginia and 81 privately owned travel trailers as defined in Code of Virginia ~ 46.2-1900, that are used for recreational purposes 82 only; and (b) privately owned trailers as defined in ~ 46.2-100 of the Code of Virginia that are designed and used 83 for the transportation of horses, except those trailers described in subdivision (A) (11) of ~ 58.1-3505 of the Code 84 of Virginia. 85 86 Sec. 7. Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran. 87 In accordance with Section 58.1-3506 (A) (17) of the Code of Virginia, there shall be a reduced 88 tax. levied and collected for general purposes for the calendar year 2009 at the rate of one dollar and fifty cents 89 ($1.50) on each one hundred dollars ($100) of assessed valuation, on one (1) motor vehicle owned and regularly 90 used by a veteran who has either lost, or lost the use of, one or both legs, or an arm or a hand, or who is blind, or 91 who is permanently and totally disabled as certified by the Department of Veterans' Affairs. Any motor vehicles in 92 addition to the one (1) so taxed shall not qualify for the taxation at the rate established herein. and shall be taxed 93 at the rate or rates applicable to that class of property. To qualify, the veteran shall provide a written statement to 94 the Commissioner of the Revenue from the Department of Veterans' Affairs that the veteran has been so 95 designated or classified by the Department of Veterans' Affairs as to meet the requirements of Section 58.1-3506 96 (A) (17). and that his or her disability is service connected. 97 98 Sec. 8. Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least 99 Sixty-Five Years of Age or Anyone Found to be Permanently and Totally Disabled. 100 a. In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia, there shall be a reduced 101 tax, levied and collected for general purposes for calendar year 2009, at the rate of three dollars ($3.00) on each 102 one hundred dollars ($100.00) of assessed valuation, on one (1) automobile or pickup truck owned and used 103 primarily by or for anyone at least sixty-five years of age or anyone found to be permanently and totally disabled. 104 as defined in Section 58.1-3506.3 of the Code of Virginia, subject to the following conditions: 105 1. The total combined income received, excluding the first $7,500 of income, from all 106 sources during calendar year 2008 by the owner of the motor vehicle shall not exceed twenty-two thousand 107 dollars ($22,000). 108 2. The owner's net financial worth, including the present value of all equitable interests, as of 109 December 31 of calendar year 2008, excluding the value of the principal residence and the land, not exceeding 110 one (1) acre, upon which it is situated, shall not exceed seventy thousand dollars ($70,000). , 11 3. All income and net worth limitations shall be computed by aggregating the income and 112 assets, as the case may be, of a husband and wife who reside in the same dwelling and shall be applied to any , 13 owner of the motor vehicle who seeks the benefit of the preferential tax rate permitted under this ordinance, 114 irrespective of how such motor vehicle may be titled. , 15 b. Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or , 16 over or if either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have 117 been satisfied. : 18 .: 19 Sec. 9. Assessed Value Determination. '20 In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the . 21 above sections shall be assessed at actual fair market value, to be determined by the Commissioner of the . 22 Revenue for the City of Virginia Beach. 23 24 Sec. 10. Severability. . 25 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such . 26 decision shall not affect the validity of the remaining portions of this ordinance. '27 1 28 Sec. 11. Effective Date. '29 This ordinance shall be effective January 1, 2009. '30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2008. 32 33 Requires an affirmative vote by a majority of the members of City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY .:" /'1" .' '. .J ./~ 'j: / .. / I : ,j::';/" .......... i""\"://~', rl;)' IA" i ..v1)1 """- I 1"'\ .- '.. "'i'P" .' .... Management Services ;;e~ City Attorney's Office 1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO 2 SUBMIT AN ANNUAL FUNDING PLAN TO THE U.S. 3 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 4 WHEREAS. the United States Congress has established legislation designated as the Housing and 5 Community Development Act of 1974 that sets forth the development of viable urban communities as a national 6 goal; 7 8 WHEREAS. there is federal assistance available for the support of Community Development and Housing 9 activities directed toward specific objectives, such as eliminating deteriorated conditions in low and moderate 10 income neighborhoods that are detrimental to the public health, safety. and welfare, as well as improving the 11 City's housing stock and community services, along with other related activities; and 12 13 WHEREAS, as a prerequisite to receiving the above-referenced federal assistance, the City of Virginia 14 Beach has developed an Annual Funding Plan for submission to the Department of Housing and Urban 15 Development and has created the necessary mechanisms for its implementation in compliance with federal and 16 local directives; 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. 19 VIRGINIA: 20 That the City Manager is hereby authorized and directed, as the executive and administrative head of the 21 City. to submit the City's FY 2009 Annual Funding Plan (the "Plan") and amendments thereto, along with 22 understandings and assurances contained therein and such additional information as may be required, to the 23 Department of Housing and Urban Development to permit the review, approval, and funding of the Plan. 24 25 Adopted by the Council of the City of Virginia Beach. Virginia, on this 13th day of May, 2008. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ,. , J I /.<"'/ .. J//t .>" , ./', ~./ ~"I;~~, ...v ~""""""'-r-" ], A../{'.'"'.'1.,,,-> 'v-~... '. Management'Services ;e~ -y- City Attorney's Office 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING 2 TO THE EXEMPTION OR DEFERRAL OF REAL ESTATE 3 TAXES FOR ELDERLY OR DISABLED PERSONS BY 4 INCREASING INCOME AND NET WORTH LIMITS 5 SECTIONS AMENDED: SS 35-64 AND 35-67 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 7 That Sections 35-64 and 35-67 of the City Code are hereby amended and reordained to read as follows: 8 9 Sec. 35-64. General prerequisites to grant; effect of residency in hospital, nursing home, etc. 10 (a) Either the exemption. deferral or freeze, but not more than one (1), as provided for in this division 11 shall be granted to persons subject to the following provisions: 12 (1) The title to the property for which exemption, deferral or freeze is claimed is held. or partially 13 held, on June thirtieth immediately preceding the taxable year, by the person or persons 14 claiming exemption, deferral or freeze and is occupied as the sole dwelling of such person or 15 persons. 16 (2) The head of the household occupying the dwelling and owning title or partial title thereto or 17 either spouse in a dwelling jointly held by a husband and wife is either permanently and totally 18 disabled or is sixty-five (65) years of age or older on June thirtieth of the year immediately 19 preceding the taxable year; provided, however. that a dwelling jointly held by a husband and 20 wife may qualify if either spouse is over sixty-five (65) years of age. 21 (3) For the tax exemption programs, the total combined income received from all sources during 22 the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their 23 principal residence and (ii) the owner's or owners' relatives who live in the dwelling. shall not 24 exceed sixty-me three thousand four hundred and fifty dollars ($62,000) ($63,450) provided 25 that the first ten thousand dollars ($10,000.00) of income of each relative, other than a spouse 26 of the owner, who is living in the dwelling, shall not be included in such total: and provided 27 further that the first ten thousand dollars ($10.000.00) or any portion thereof of income received 28 by a permanently and totally disabled owner shall not be included in such total. 29 (4) For the tax freeze program, the total combined income received from all sources during the 30 preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal 31 residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not exceed 32 sixty-me three thousand four hundred and fifty dollars ($62,000) ($63,450); provided that the 33 first ten thousand dollars ($10,000.00) of income of each relative, other than a spouse of the 34 owner, who is living in the dwelling, shall not be included in such total; and provided that the 35 first ten thousand dollars ($10,000.00) or any portion thereof of income received by a 36 permanently and totally disabled owner shall not be included in such total. 37 (5) For the tax exemption programs, the net combined financial worth, including equitable interests. 38 as of December thirty-first of the year immediately preceding the taxable year, of the owners, 39 and of the spouse of any owner, excluding the value of the dwelling and the land (not 40 exceeding one acre) upon which it is situated, shall not exceed three hundred and fifty 41 thousand dollars ($350,000.00). 42 (6) For the tax freeze program, the net combined financial worth. including equitable interests, as 43 of December thirty-first of the year immediately preceding the taxable year, of the owners, and 44 of the spouse of any owner, excluding the value of the dwelling and the land (not exceeding 45 one acre) upon which it is situated, shall not exceed three hundred and fifty thousand dollars 46 ($350,000.00). 47 (7) For the tax deferral program, the total combined income received from all sources during the 48 preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal 49 residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not exceed 50 sixty-me three thousand four hundred and fifty dollars ($62,000) ($63.450) provided that the 51 first ten thousand dollars ($10,000.00) of income of each relative, other than a spouse of the 52 owner, who is living in the dwelling, shall not be included in such total; and provided further that 53 the first ten thousand dollars ($10,000.00) or any portion thereof of income received by a 54 permanently and totally disabled owner shall not be included in such total. 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 (8) For the tax deferral program, the net combined financial worth, including equitable interests, as of December thirty-first of the year immediately preceding the taxable year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land (not exceeding one acre) upon which it is situated, shall not exceed three hundred and fifty thousand dollars ($350,000.00). (9) The dwelling is occupied. Sec. 35-67. Amount of exemption. When a person claiming exemption under this division conforms to the standards and does not exceed the limitations contained in this division, the tax exemption shall be as shown on the following schedule: Total income, All Sources $0.00 $16,000.00 $16,000.01 $50,000.00 $50,000.01 $51,000.00 $51.000.01 $58,000.00 $58,000.01 $62,000.00 $0.00 - $47.100.00 $47.100.01 - $51.200.00 $51.200.01 - $55.300.00 $55.300.01 - $59.400.00 $59.400.01 - $63.450.00 Tax Exemption 100% 80% 60% 40% 20% No lien shall accrue as a result of the amount certified as exempt. BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1. 2008. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2008. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ," . J! r ;::e ~ ~ /,/, ./j/ / / ----/-'- .\ / // , 4 ,.1;1:1....."'-'~7"-.: ,/'\/h, ._/1) 1/."'" , Management Services City Attorney's Office 1 AN ORDINANCE TO DECLARE $ 9,000,000 OF FUNDING 2 WITHIN THE SANDBRIDGE TAX INCREMENT FINANCING 3 DISTRICT AS SURPLUS FUNDS IN THE FY 2007-08 4 OPERATING BUDGET 5 WHEREAS, the Sand bridge Tax Increment Financing District (Sandbridge TIF) and the Sand bridge 6 Special Service District (Sandbridge SSD), were established to provide a funding source for beach and shoreline 7 restoration and management at Sand bridge; 8 9 WHEREAS. an analysis of the Sand bridge TIF and the Sand bridge SSD occurs annually to ensure that 10 funding is adequate for long-term beach and shoreline restoration and management along Sand bridge; 11 12 WHEREAS, current projections indicate that the Sand bridge TIF and Sandbridge SSD have sufficient 13 funding to meet long-term obligations for beach and shoreline restoration and management; 14 15 WHEREAS. projections also indicate that the funding available exceeds the long-term obligations of the 16 project; 17 18 WHEREAS. $ 9,000.000 is available as an unencumbered appropriation in the FY 2007-08 Sand bridge 19 TIF Reserve for Future Commitments. 20 21 NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 22 VIRGINIA: 23 (1) That $ 9,000,000 of funding within the Sand bridge TIF is hereby declared to be in excess of the 24 long-term obligations for beach and shoreline restoration and management and is hereby declared 25 surplus. 26 (2) That $ 9.000.000 is hereby transferred within the FY 2007-08 Operating Budget from the 27 Sandbridge TIF to the General Fund - Unappropriated Real Estate Tax Revenues. 28 29 BE IT FURTHER ORDAINED: That this ordinance shall be effective on June 30. 2008. 30 31 Adopted by the City Council of the City of Virginia Beach, Virginia. on this 13th day of May. 2008. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY i' . ;Y" ",' , /' '/f , l"t ( ;:e~ ~ , ~A''''-J''--' ) .' " )". /1/ "T'"-.' -;!?( z:. ~ ',.."~. Management Services City Attorney's Office 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE 2 LODGING TAX BY EXTENDING ITS SUNSET PROVISIONS TO 3 MAINTAIN THE TAX AT ITS CURRENT AMOUNT 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA: 5 That section 35-159 of the Code of the City of Virginia Beach. Virginia is hereby amended and reordained 6 to read as follows: 7 8 Sec. 35-159. Levied; Amount. 9 (a) There is hereby levied and imposed on each transient a tax equivalent to eight (8) percent of the total 10 amount paid for lodging, by or for any such transient, to any lodging place, plus a flat tax of one dollar 11 ($1.00) for each night of lodging at any lodging place other than a campground. The percentage-based 12 portion of the tax rate shall be reduced by one-half (0.5) percent on July 1, 2GW, 2013 and further 13 reduced by an additional two and one-half (2.5) percent on June 30, 2027. The flat tax shall remain in 14 effect through June 30. 2GW 2013. 15 (b) There is hereby levied and imposed on each transient within the Sandbridge Special Service District 16 (district) a tax, in addition to that levied in subsection (a) hereof. equivalent to two and one-half (2.5) 17 percent of the total amount paid for lodging within the district, by or for any such transient to any lodging 18 place, excluding hotels, motels and travel campgrounds. 19 20 Adopted by the Council of the City of Virginia Beach, Virginia. on this 13th day of May, 2008. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY / 'fA/ /'"",~,-.. Management Services / /' ./ .,/ . // /.h~',.L /1' "'\.'';1' J,....FC · ........ . ~~ City Attorney's Office 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO 2 CIGARETTE TAX BY INCREASING THE AMOUNT OF THE TAX 3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA: 4 5 That section 35-207 of the Code of the City of Virginia Beach is hereby amended and reordained to read 6 as follows: 7 8 Sec. 35-207. Levied; Amount. 9 There is hereby levied and imposed by the City, upon each sale of cigarettes, a tax equivalent to thirty 10 twenty five and fifty ~ (30.50) mills per cigarette sold within the City. the amount of such tax to be paid by the 11 seller. if not previously paid. in the manner and at the time provided for in this article. The tax shall be reduced by 12 two and one-half (2.5) mills per cigarette on June 30. 2027. There shall be a penalty for late payment of the tax 13 imposed herein in the amount of ten (10) per centum per month. and interest in the amount of three-quarters of- 14 one (0.75) per centum per month, upon any tax found to be overdue and unpaid. 15 16 This ordinance shall be effective July 1. 2008. 17 18 Adopted by the City Council of the City of Virginia Beach, Virginia. on this 13th day of May. 2008. 19 20 Requires an affirmative vote by a majority of the members of City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY .",: .< ). Management Services .-" oj ~./ /5tjLA--' 0'- /' /y ~~d~ " R~ City Attorney's Office 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE 2 EQUIVALENT RESIDENTIAL UNIT (ERU) FEE 3 SECTION AMENDED: S 32.5-2 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 That section 32.5-2 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained 6 to read as follows: 7 8 Sec. 32.5-2. Definitions. 9 The following words and terms used in this section shall have the following meanings: 10 (a) Equivalent residential unit or ERU means the equivalent impervious area of a single- 11 family residential developed property per dwelling unit located within the city based on 12 the statistical average horizontal impervious area of a single-family residence in the city. 13 An equivalent residential unit (ERU) equals two thousand two hundred sixty-nine (2.269) 14 square feet of impervious surface area. 15 (b) ERU rate means the utility fee charged on an equivalent residential unit, which shall be 16 sixteen and one tenth cents ($0.161) per day. effective July 1. 2005; sevonteen and one 17 tenth cents ($0.171) per d3Y, effective July 1, 2006; 3nd eighteen and one tenth cents 18 ($0.181) per day effecti'/e July 1, 2007. twenty and one-tenth cents ($0.201) per day. 19 effective Julv 1. 2008: twenty-two and one-tenth cents ($0.221) per day. effective Julv 1. 20 2009. and twenty-four and one-tenths cents ($0.241) per day. effective Julv 1, 2010. 21 22 23 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1. 2008. 24 25 Adopted by the Council of the City of Virginia Beach, Virginia. on this 13th day of May. 2008. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY :e~ lr- Management Services City Attorney's Office 1 AN ORDINANCE TO AMEND CITY CODE SECTION 27-5 TO 2 INCREASE THE PENALTY FOR FALSE BURGLAR ALARMS 3 FOR COMMERCIAL AND RESIDENTIAL PROPERTIES 4 Sec. 27-5. Service charge for false alarms to which police are required to respond. 5 6 There is hereby established a service charge of twenty five dollars ($25.00) one hundred fifty dollars 7 ($150) to be paid bv each residence after two false alarm calls within a twelve month period and for each false 8 alarm call thereafter to which the police of the city are required to respond. That two hundred fifty dollars ($250) 9 is hereby charqed to each business, industrial user for each false alarm caused by negligence to which the police 10 of the city are required to respond after two false alarm calls within a twelve month period and each call 11 thereafter. Such charge shall be payable to the city treasurer. 12 13 (Ord. No. 983,9-10-79) 14 15 This ordinance shall be effective July 1, 2008. 16 17 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 13th day of May, 2008. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY lJo;J Q- ;p~ Management Services City Attorney's Office 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 AN ORDINANCE TO AMEND SECTION 12-49.1 OF THE CITY CODE REGARDING PERMITS AND INSPECTION FEES Sec. 12-49.1. Permits and inspection fees. Fees for permits or inspections required by this article or the Virginia Statewide Fire Prevention Code are hereby levied in accordance with the following schedule: (1 ) There is hereby a charQe of $50.00 for all initial Fire Inspections. This fee will apply for each structure within normal inspection cycles. (Bill Reinspection fee for socond third re-inspection and every subsequent inspection to demonstrate compliance with the Virginia Statewide Fire Prevention Code. . . $25.00. This ordinance shall be effective July 1. 2008. Adopted by the Council of the City of Virginia Beach, Virginia, on this the 13th day of May, 2008. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY /' '''a'''l / ';', ~. ',/ "." /./ (, '" .' 'I .' -"'. "",.- l...."._. ,k'V ~.......... _--I J i~""""""t.,')v' Management Services ;P~ City Attorney's Office 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE 2 INCREASE IN ADMINISTRATIVE FEES FOR REGULATION OF 3 UNSAFE STRUCTURES AND ABATEMENT OF VARIOUS 4 NUISANCES 5 SECTIONS AMENDED: 99 16-35. 23-46, 23-48, 23-50, 23-50.1 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA: 7 That sections 16-35, 23-46, 23-48, 23-50, 23-50.1 of the Code of the City of Virginia Beach. Virginia are 8 hereby amended and reordained to read as follows: 9 10 Sec. 16-35. Regulated. 11 (d) In the event the owner of a building, wall or structure who has been served with the notice provided for in 12 subsection (c) hereof shall fail to comply with the terms of such notice within the time specified therein, the Code 13 Enforcement Administrator, through his or her own agents or employees, shall be authorized to order the building, 14 wall or structure, or portion thereof, to be repaired. or to be demolished and the debris removed, at the cost of the 15 owner. Such cost shall include an administrative fee in the amount of one hundred fifty dollars ($100.00) 16 ($150.00). For the purposes of this section. repair may include maintenance work to the exterior of a building to 17 prevent deterioration of the building or adjacent buildings. No building, wall or structure. or portion thereof, shall 18 be repaired or demolished by order of the code enforcement administrator for at least thirty (30) days following the 19 later of the return of the receipt or newspaper publication as provided for in subsection (c) hereof. 20 21 Sec. 23-46. Nuisance generally. 22 (e) A violation of any of the provisions of this section. or failure to comply with the terms of a notice issued and 23 served as provided in this section within the time prescribed in such notice, shall constitute a class 2 24 misdemeanor. In addition to any penalties imposed hereunder, the City may institute legal action to enjoin the 25 continuing violation of this section and may remove or contract for the removal of such public nuisance. in which 26 event the cost and expenses thereof, including an administrative fee in the amount of one hundred fifty dollars 27 ($100.00) ($150.00), shall be chargeable to and paid by the owner or occupant of the land or premises. Any such 28 charge which is not paid within thirty (30) days of the date or which is billed to the person or persons named in the 29 notice may be collected by an action at law or in any manner provided by law for the collection of taxes. 30 31 Sec.23-48. Open storage of rusted, junked, etc., machinery, equipment, etc. 32 (a) It shall be unlawful for any person to place or leave, on any property in the city, any dilapidated furniture. 33 appliance. machinery. equipment. building material or other item, which is either in a wholly or partially rusted, 34 wrecked, junked, dismantled or inoperative condition and which is not completely enclosed within a building. Any 35 such item which remains on the property for a period of seven (7) days after notice of violation of this section is 36 given to the owner of such property shall be presumed to be abandoned and subject to being removed from the 37 property by the city or its agents without further notice. In the event any such item is so removed, the cost of 38 removal. including an administrative fee in the amount of one hundred fifty dollars ($100.00) ($150.00). shall be 39 charged to the owner of the property. Any such charge which is not paid within thirty (30) days of the date on 40 which it is billed to the owner shall constitute a lien upon the property and may be collected in any manner 41 provided by law for the collection of taxes. 42 43 Sec. 23-50. Accumulations of trash, garbage, etc., or excessive growth of weeds or grass. 44 (d) Failure to comply with the terms of a notice issued and served as provided in this section within the time 45 prescribed in such notice shall constitute a Class 2 misdemeanor. In addition to any penalties imposed hereunder, 46 the city may institute legal action to enjoin the continuing violation of this section and may remove or contract for 47 the removal of such trash. garbage, refuse, litter or similar substances or grass, weeds, brush or similar 48 vegetation. in which event the cost and expenses thereof. including an administrative fee in the amount of one 49 hundred fifty dollars ($100.00) ($150.00), shall be chargeable to and paid by the owner or occupant of the land or 50 premises. Any such charge which is not paid within thirty (30) days of the date on which it is billed to the owner of 51 such land or premises shall constitute a lien upon the property and may be collected in any manner provided by 52 law for the collection of taxes; provided. however, that no such lien shall be valid against any owner of land or 53 premises who was not served with the notice prescribed in subsection (a) or (b) hereinabove, as the case may be. 54 55 Sec. 23-50.1. Removal of certain trees. 56 (c) Failure to comply with the terms of a notice issued and served as provided in this section within the time 57 prescribed by such notice shall be punishable as a Class 4 misdemeanor. In addition to any fine imposed 58 hereunder. the Code Enforcement Administrator may, in the name of the city, institute legal action to enjoin the 59 continuing violation of this section and may remove or contract for the removal of any such tree or portion thereof. 60 in which event the cost of such removal, including an administrative fee in the amount of one hundred fifty dollars 61 ($100.00) ($150.00). shall be charged to the person or persons named in the notice and collected by action at law 62 or as delinquent real estate taxes are collected, or both. The remedies provided for herein shall be cumulative in 63 nature. 64 65 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1. 2008. 66 67 Adopted by the Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2008. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY 0"-<; hv .$~ it' .///// 'I'~ ,,, . ./ ," , 1'.-1.1" . ..,r.. '- /~.~-,./JI"\..''''"'';':I'.c...-.;:~),I?;" ",~ :;t? ~ Management Services City Attorney's Office 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO 2 YARD WASTE CONTAINERS BY ESTABLISHING A FORTY DOLLAR 3 FEE FOR 24-HOUR USE MONDAY THROUGH THURSDAY AND 4 SEVENTY FIVE DOLLARS FOR WEEKEND USE 5 SECTION AMENDED: S 31-35 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 7 That section 31-35 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained 8 to read as follows: 9 10 Sec. 31-35. Use of yard waste containers. 11 The City shall make available to those homeowners who are residents of the city a yard waste container~ 12 which shall be picked up and delivered by city employees. Prior to the container beinq delivered. there shall be 13 paid to the city a fee of tffifty forty dollars ($30.00) ($40.00). '1:hich shall be paid to the city before the container is 14 delivered. for the use of a yard waste container delivered for a 24-hour period Monday throuqh Thursday and 15 seventy-five dollars ($75.00) for deliveries made on Fridays and picked UP on Monday. The city employees shall 16 deliver and place the yard waste container on the property of the homeowner of an occupied dwelling who has 17 requested the yard waste container. Deliveries made on Fridays shall be picked up on Monday. Prior to delivery 18 of the yard waste container, the homeowner shall sign a statement which shall state: 19 (1) That he is not a contractor and that his need arises from his homeownership; 20 (2) That the yard waste container shall only be used for tree limbs, leaves, shrubbery, grass trimmings 21 and yard debris; 22 (3) That he will not place hazardous waste, stumps, building and construction materials or other bulky 23 items within the yard waste container; 24 (4) That he will not fill the load above the top of the container; and 25 (5) That he will release the city from liability for any damages resulting from city equipment or personnel 26 being on private property to deliver or remove the yard waste container. 27 (6) That he will be responsible for any injuries and/or damages that result to individuals using the 28 container or directly to the container while being used by the homeowner. 29 (7) That he will reimburse the city for any costs associated with the handling and disposal of any material 30 or items placed in the yard waste container in violation of any of the provisions of this section. 31 32 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2008. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia. on this 13th day of May. 2008. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ~/ /' t' j/ ",' '.' .J'1'" '-"--."1.-- .. "'. .'...... ,,,. r 1 Management Services " I. i <" ,- ...... i'...., j;' . .~... ;e~~ City Attorney's Office 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE 2 ESTABLISHMENT OF INSPECTION FEES FOR RENTAL DWELLING 3 UNITS 4 SECTION AMENDED: ~ 16-12.7 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 6 That section 16-12.7 of the Code of the City of Virginia Beach, Virginia is hereby amended and 7 reordained to read as follows: 8 9 Sec. 16-12.7. Issuance of certificate; fees. 10 Except as provided in below, t Ihere shall be flG a fee of fifty dollars ($50.00) for the initial inspection and one re- 11 inspection on rental dwellinq units in rental inspection districts created by City Council. inspection fee for the 12 inspection of a dwelling unit. If rep3irs or corrections are deemed necessary by the code enforcement 13 administrator, and a foliO'.\' up is required, no fee shall be charged for the follow up. If, however. subsequent 14 follow-ups are required, there shall be charged a fee of fifty dollars ($50.00) per dwelling unit for each subsequent 15 unit follow-up. No follow-up shall be performed. nor any certificate be issued. until all fees have been paid. 16 17 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1. 2008. 18 19 Adopted by the Council of the City of Virginia Beach. Virginia. on this 13th day of May, 2008. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY " ;5.({./ ~/ .' i j' / ' / . . . I ~ '"7'~.:/ /' . . ,;-'. . /..:;(.. ./"('\>-. . .'''-.__- .... 1 . ..../1"...-..., t.--';; I R~ City Attorney's Office 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE 2 ESTABLISHMENT OF AN ADMINISTRATIVE FEE RELATED TO THE 3 ABATEMENT OF INOPERABLE VEHICLES ON RESIDENTIAL, 4 COMMERCIAL OR AGRICULTURAL PROPERTY 5 SECTION AMENDED: S 16-40 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA: 7 8 That section 16-40 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained 9 to read as follows: 10 11 Sec. 16-40. Open storage of inoperable vehicles on residential, commercial or agricultural property. 12 (1) (c) Any person violating any provision of this section shall be given a notice that the keeping of such 13 inoperable vehicle constitutes a violation which must be abated within seven (7) days from the date of 14 such notice. The notice shall (1) reasonably describe the subject inoperable vehicle; (2) state that any 15 owner of such inoperable vehicle or any owner of property upon which such inoperable vehicle is 16 located may appeal the decision that the vehicle is in violation of this Section by a written notice of 17 appeal with the Code Enforcement Administrator of the Department of Housing And Neighborhood 18 Preservation within seven (7) days from the date of the notice; (3) state that failure to comply with the 19 requirements of this Section may result in the removal and disposal of the vehicle; aM (4) state that 20 such removal and disposal shall be at the expense of the owner of such inoperable vehicle or the 21 owner of the property upon which such vehicle is located7; and (5) state that an administrative fee in 22 the amount of one hundred fifty dollars ($150.00) shall be charqeable to and paid by the owner of 23 such inoperable vehicle or the owner of the property upon which such vehicle is located and may be 24 collected as taxes and levies are collected. 25 (e) "...Should the cost of removal and disposal exceed the proceeds of sale as outlined in subsection 26 (e) above. the additional cost of any such removal and disposal shall be chargeable to the owner of 27 the inoperable vehicle or of the property and may be collected by the city as taxes and levies are 28 collected; and every cost authorized by this section with which the owner of the property has been 29 assessed shall constitute a lien against the property from which the inoperable vehicle was removed. 30 the lien to continue until actual payment of such costs has been made to the city. 31 (f) The owner or his agent may, at any time from the date of removal. up to and including the 32 twentieth day of storage, claim such vehicle upon payment of towing. preservation and storage 33 charges. 34 35 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1. 2008. 36 37 Adopted by the Council of the City of Virginia Beach. Virginia, on this 13th day of May, 2008. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY " /./';' , ,../ // .~/ .;/ .6'''';''X~''''---:1 ~- ') ;,.!>.. -.;,;.cJ.f" ...- Management Services R~ City Attorney's Office 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO 2 VARIOUS WATER AND SEWER FEES 3 SECTIONS AMENDED: 9928-4, 37-7.1. and Appendix B, Section 5.9 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 6 That sections 28-4. 37-7.1, and Appendix B, Section 5.9 of the Code of the City of Virginia Beach. Virginia 7 are hereby amended and reordained to read as follows: 8 9 Sec. 28-4. Sanitary sewer connection fees, generally. 10 (b) Where connection is made to the public sewer system, connection fees shall be fifty six dollars ($56.00) fifty 11 nine dollars ($59.00) per drainage fixture unit, as defined in the current edition of the Uniform Statewide Building 12 Code or, where gravity sewer service is not available to the property. twenty-eight dollars ($28.00) per drainage 13 fixture unit. 14 (b1) Notwithstanding the provisions of subsection (b) hereof. where a use or structure connected to the sanitary 15 sewer system is expanded or modified so as to result in an increase in drainage fixture units, and such addition or 16 modification does not require site plan approval, connection fees shall be thirteen dollars ($13.00) per drainage 17 fixture unit added. 18 (c) Where the property owner must construct a sewer or sewers, which are to become a part of the public sewer 19 system, to provide service to a specific parcel or parcels. as shall be shown on the approved construction plans, 20 connection fees shall be thirteen dollars ($13.00) per drainage fixture unit. 21 (d) Whenever system installation costs are calculated pursuant to subsection (c) of this section, and the property 22 to be served discharges through a pump station owned by the city, then, in addition to the fees prescribed in 23 subsection (c) above, there shall also be charged a fee in the sum of seven hundred fifty six dollars ($756.00) 24 from Julv 1, 2008 to June 30. 2009. and one thousand one hundred eiahtv seven dollars ($1.187.00) effective 25 Julv 1. 2009 throe hundred tv.'enty five dollars ($325.00) per gallon per minute/peak flow. "Peak flow" shall be 26 construed to mean the prevailing peak flow standards set forth by the state health department or the actual peak 27 flow. whichever is greater. 28 (e) Special sewer connection fees for seasonally operated campgrounds connected to any main or interceptor are 29 hereby established. Such fees shall be determined as follows: 30 (1) For campgrounds operated on a seasonal basis. each campsite or recreational vehicle pad shall be deemed 31 to contain one-half of the number of drainage fixture units contained in a residential bathroom, as established by 32 the current edition of the Uniform Statewide Building Code. For each such drainage fixture unit, the fee shall be 33 fifty six dol13rs ($56.00) fifty nine dollars ($59.00). 34 (2) For campgrounds operated on a year-round basis, each campsite or recreational vehicle pad shall be deemed 35 to contain the number of drainage fixture units contained in a residential bathroom, a's established by the current 36 edition of the Uniform Statewide Building Code. For each such drainage fixture unit. the fee shall be fifty six 37 dollars ($56.00) fifty nine dollars ($59.00). 38 For these fees to be applicable, the owner must enter into a contract with the city providing that, at such future 39 times as the campground is converted to year-round use. the fees specified in subsections (b) and (c) of this 40 section shall be applicable and that the owner shall pay the difference in such fees at the time of conversion to 41 year-round use. 42 43 Sec. 37-7.1. Water resource recovery fees generally. 44 (a) The fees prescribed by the following subsections of this section shall be paid as the property owner's share of 45 the cost of water resource development and associated distribution facilities. Such fees shall be known as 46 "recovery fees." The fees shall be determined on the basis of the drainage fixture unit schedule as provided in the 47 Uniform Statewide Building Code (Plumbing). as amended from time to time. Such fees shall also be applicable to 48 a use or structure presently connected to the water system whenever such use or structure is expanded, changed 49 or modified resulting in an increase in drainage fixture units, and to a use or structure not presently connected to 50 the water system when such use or structure connects. If a property owner has previously paid water line fees but 51 has not obtained a building permit. the property owner shall be charged the full amount of applicable recovery 52 fees, less a credit of any water line fees previously paid. 53 (b) Recovery fees shall be as follows: 54 (1) Each drainage fixture unit shall be charged a recovery fee according to the following schedule: 55 (i) Thirty-two dollars ($32.00) per drainage fixture unit from the effective date of this section until June 30. 1986. 56 (ii) Sixty-three dollars ($63.00) per drainage fixture unit from July 1, 1986, to December 31. 1986. 57 (iii) Sixty-six dollars ($66.00) per drainage fixture until effective November 24. 1987. 58 (iv) Seventy-nine dollars ($79.00) per drainaoe fixture from Julv 1. 2008. to June 30. 2009. 59 (v.) Ninetv-two dollars ($92.00) per drainaoe fixture effective Julv 1, 2009. 60 61 Appendix B Subdivision Regulations, Sec. 5.9 Sanitary Sewerage. 62 (d) Where general sewerage systems provided by the developer include pumping stations, where on-site standby 63 power is not provided by the developer, the developer will be required to deposit with the Department of Public 64 Utilities the sum of one thousand one hundred thirty three dollars ($1,000.00) ($1.133.00) from Julv 1. 2008 to 65 June 30. 2009, and one thousand six hundred sixty six dollars ($1,666.00) effective Julv 1. 2009. per pumping 66 station to be used for the purchase of emergency portable equipment. In the avent a sewerage pumping station 67 '.viII h:3':e a cap3city greater than one thousand (1.000) gallons per minute pumping rate, an 3dditional fee of one 68 doll3r ($1.00) per gallon per minute over one thousand (1,000) gallons per minute will be required. 69 (e) Developer shall pay all costs of engineering and inspection, landscapino, data communications, and such 70 other costs as may be involved in the connection to the public sewerage system. Landscapino fees shall be in the 71 sum of one thousand five hundred seventy dollars ($1.570) from Julv 1. 2008 to June 30. 2009, and one thousand 72 six hundred thirty nine dollars ($1.639.00) effective Julv 1. 2009. Developer shall also pay such connection, line 73 and tap fees as may be specified by city ordinance. No sewerage service shall be furnished by the city to any lot 74 created under this ordinance until all charges are paid; provided, however. that in case of a hardship, temporary 75 use may be made where the method of handling is jointly approved by the Director of Public Utilities and the 76 Director of Public Health and where the developer or lot owner accepts full responsibility and bears the cost of 77 such operation 78 79 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2008. 80 81 Adopted by the Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2008. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ," / I ,,.f;:I''1:;' __" '>.J...,., R~ Management Services City Attorney's Office 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE 2 ESTABLISHMENT OF A LATE FEE RELATED TO THE PAYMENT OF 3 WATER BILLS 4 SECTION AMENDED: 337-54 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 6 7 That section 37-54 of the Code of the City of Virginia Beach. Virginia is hereby amended and reordained 8 to read as follows: 9 10 Sec. 37-54. When due and payable; delinquency. 11 (a) All bills for charges prescribed by this article shall be due and payable within thirty (30) days from 12 the date of the bill, and shall be deemed delinquent if not paid in full within such time. A late fee of 13 $1.50 will be charqed to accounts for a bill that is not paid within thirty (30) days from the date of the 14 ML The Department of Public Utilities shall notify the customer, in writing, of such delinquency, and 15 shall direct the customer to show cause, within fifteen (15) days. why his water service should not be 16 discontinued. 17 (b) Failure to receive a bill for charges prescribed by this article shall not prevent the discontinuance 18 of service in accord with the provisions of this section. 19 (c) If. within forty-five (45) days of the date of a bill, all charges and interest provided for in this article 20 are not paid, a twenty dollar ($20.00) delinquent service fee shall be applied to the account and the 21 water supply to the premises shall be disconnected. 22 (d) When water service is discontinued pursuant to this section, water shall not again be turned on 23 until all arrearages and charges have been paid, including the late fee and the delinquent service fee 24 of twenty dollars ($20.00), if the premises are occupied by the same customer who incurred the bill; 25 provided, that any customer delinquent or in arrears shall settle all past indebtedness, wherever 26 incurred. before again being served city water. 27 28 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2008. 29 30 Adopted by the Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2008. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY .::~ .,'" f ...' j }. 1"., '/ ..' ,I / , "J~.....-.- ... ,\ . r ~ ,f '. Managemen Services ;\ ::e~ City Attorney's Office 1 AN ORDINANCE TO AMEND SECTION 2 33-71 OF THE CITY CODE FOR VARIOUS 3 PLANNING FEES 4 5 Sec. 33-71. Schedule. 6 (a) Permit, inspection and guarantee fees for work for which a permit is required by this article shall be 7 required or not required in accordance with the following schedule: 8 Type of Project Permit Minimum Inspection Fee Guarantee Fee Fee One (1) permit m.oo Based on 1.5% the total cost of construction as Deposit in (1) for work of a provided in the engineer's cost estimate, excluding accordance continuing water, sewer and street light costs, with a $50.00 with estimated nature $100 mllllmum. cost Logging road, m.oo Deposit in (2) tram road and $50.00 accordance other temporary with estimated entrances $100 cost Cutting, m.oo (3) trimming or $50.00 $25.00 spraying trees or shrubs $100 (4) $300.00 Blanket permit $0.00 $500 (5) Single- or two- family driveway $35.00 $0.00 $0.00 aprons (6) m.oo Single permit $0.00 $0.00 $100 Based on 1.5% of the total cost of construction as provided in the engineer's cost estimate, excluding Deposit in m.oo street light costs, with a $50.00 minimum; provided, (7) All other work however, that water and sewer fees shall be based on accordance with estimated $100 10% of the construction cost up to $7500.00 plus 1.5% cost. of the construction cost in excess of $7500.00, with a $50.00 minimum. 9 10 (b) At the time easement or dedication plats are submitted a review fee in the amount of eighty-four 11 dollars ($84.00) shall be required. 12 (Code 1965, ~ 32-49; Ord. No. 1869,5-15-89; Ord. No. 2073, 6-25-91; Ord. No. 2377, 3-26-96; Ord. No. 13 2633,5-15-01; Ord. No. 2808, 5-11-04; Ord. No. 2876, 5-10-05) 14 15 Sec. 33-72. Reserved. 16 Editor's note: Ord. No. 2377, adopted March 26, 1996, repealed ~ 33-72, which set out the amount of 17 inspection fees under this article and which derived from Code 1965, ~ 32-47; and Ord. No. 1869, adopted 18 May 15, 1989. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2008. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY -"' . . f ///" I.... / R~ ~ < C/ ....-:, / / ....;,: 1/7" . , J~~,..,.r:'t::' .., ~$ #{" . ,.t/ !'-........."...... ~.~ , , , i Management Services City Attorney's Office REQUESTED BY COUNCILMEMBER BARBARA M. HENLEY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 AN ORDINANCE TO AMEND CITY CODE SECTION 35-80.1, PERTAINING TO REAL ESTATE TAX EXEMPTIONS AND TAX CREDITS FOR REHABILITATION OF HISTORICAllY SIGNIFICANT STRUCTURES SECTION AMENDED: ~ 35-80.1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 35-80.1 of the Code of the City of Virginia Beach. Virginia. is hereby amended and reordained to read as follows: Sec. 35-80.1. Exemption for historically significant rehabilitated structures. (a) Finding; purpose. The city council hereby recognizes the educational and cultural value of the city's historically significant structures. The purpose of this section is to assist in the preservation of such structures. and to that end, the substantial rehabilitation of historically significant structures shall entitle the owner to a partial exemption from real estate taxes or real estate tax credit, subject to the terms and conditions set forth in this section. The real estate assessor shall administer this section with guidance from the historical review board director of planninq as to the effect of rehabilitation projects on the historical significance of structures. (b) Eligibility for exemption. To be eligible for the partial exemption from real estate taxation or tax credit provided by this section, a structure shall be historically significant and no less than fifty (50) years of age at the time the application is made. Any such exemption shall only apply to rehabilitated existing structures, and shall not apply to new construction. For the purpose of this section~, (1) "rehabilitation" shall mean the restoration of an existing structure to its former state or condition process of returninq a property to a state of utility. throuqh repair or alteration, which makes possible an efficient contemporary use while preservinq those portions and features of the property which are siqnificant to its historic. architectural. and cultural values; ,aM (2) "historically significant structure" shall mean a structure listed on the Virginia Beach Historical Register. as established at in section 8-91 of this Code. or a structure eliqible for listinq on the Reqister, and for which an application for inclusion on the Reqister is pendinq at the time rehabilitation commences: and ill "qualifyinq costs" include the costs of all work done to the structural components. heatinq. plumbinq and electrical systems of the buildinq. work done to update kitchens and bathrooms. work necessary for compliance with the Americans With Disabilities Act. the installation of fire suppression systems and fire escapes. reasonable architectural and enQineerinq fees. construction period interest and taxes. and construction manaqement costs. Acquisition costs. site work and landscapinq elements and any expenses attributable to additions or enlarqements of the buildinq shall not be included. Residential structures. hotel or motel structures, and commercial or industrial structures, as provided by Virqinia Code of Virginia 33 Sections 58.1-3220.58.1-3220.1 and 58.1-3221, respectively. aFe shall be eligible for the partial exemption provided by this section. The tax credit provided by this section shall be available only to those property owners who. in addition to meetinq the foreqoina requirements. meet the requirements set forth in subdivision (3) of subsection (f). 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 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 I I (c) Application for exemption; base value. To qualify for a partial tax exemption for the rehabilitation of a historically significant structure, the owner(s) of such structure shall, at the same time an application is made for a building permit to rehabilitate such structure, file with the real estate assessor :md tho historical re'.'ie'N board an application and construction plans. The application shall be on a form created and supplied by the real estate assessor. Among the other information supplied, the applicant shall estimate on the application form the Qualifving costs of the rehabilitation project and any increase in value of the structure that may result. Such application must be filed prior to the commencement of any rehabilitation work for which an exemption is sought. No structure shall be eligible for such exemption unless the appropriate building permit(s) have been acquired. (d) Review of application and plans. The historical review board director of planning or his desianee shall review all applications, plans and other information submitted that relate to a rehabilitation project for which the exemption provided by this section is sought. If, after reviewing the application and plans for a proposed rehabilitation project, the historical review board director of planning determines in writing that the proposed project will diminish the historical significance of the structure, the real estate assessor shall, by certified mail, inform the applicant that the exemption will be denied for the proposed rehabilitation. If the historical review board director of planning determines in writing that a proposed rehabilitation project will restore or maintain the historical significance of the structure, the real estate assessor shall notify the applicant that the project has been approved for the exemption, subject to compliance with the terms of this section. The assessment of the structure for the current tax year, prior to commencement of the rehabilitation. shall constitute the base value of the structure. The historical review 00afG director of plannina shall endeavor to review an application make a determination within sixty (60) thirty (30) days from the date H a completed application is received, and all applications. plans or other materials reviewed submitted by the historical review board applicant shall be returned to the real estate assessor after the review and inspection process is completed. (e) Inspection; effective date. Within thirty (30) days of the rehabilitation project's completion, the owner shall notify the real estate assessor in writing that the project has been completed. The real estate assessor shall transmit this notice to the historical review board director of planning, which shall then inspect the rehabilitated structure to verify that the work has been completed as described in the previously filed application and plans. If the historical re'/iew board director of planning verifies in writing that such rehabilitation project has been satisfactorily completed, the real estate assessor shall so notify the applicant. The real estate assessor shall then reassess the rehabilitated structure, and record the new value as provided by law. Such verification and re-assessment shall be performed within sixty (60) days after such written notice of completion is received. Any tax exemption shall become effective on July 1 of the year following completion of the rehabilitation project. No structure shall be eligible for the partial exemption provided by this section unless the historical review board director of planning verifies that the rehabilitation work described on the application and plans has been completed in substantially the same manner described in the previously filed application and plans. In any case where the work performed substantially varies from the work described in the application and plans. the real estate assessor shall notify the applicant that the exemption will be denied. (f) Exemption and tax credit for rehabilitated historically significant residential structures. The exemption for rehabilitated historically significant residential structures shall be calculated and applied as set forth below: (1) For rehabilitated historically significant residential structures, the exemption shall be in an amount equal to the areater of the initial increase in assessed value of the structure above its base value resulting from the rehabilitation of the structure. as determined by the real estate assessor. or an amount equal to fifty per cent (50%) of the Qualifyina costs of the rehabilitation. as defined in subdivision (3) of subsection (b). not to exceed the amount of the assessment of the structure at any time after its rehabilitation. The aoolicant shall submit to the real estate assessor documentation of all Qualifvina costs incurred as a basis for the exemption. and shall execute an affidavit statina that all such costs were 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 ,I I incurred as part of the proiect. +his The exemption shall run with the land for fifteen (15) years. No rehabilitation project shall qualify for this exemption unless the rehabilitation results in an increase of at least twenty (20) percent in the assessed value of the structure above the base value. No increase in assessment occurring after the first year of such rehabilitation exemption shall qualify for an increase in such exemption. In the event of a decrease in the property's assessed value after the first year of any rehabilitation exemption, the exemption shall be based on the difference in taxes computed on the base value and the decreased assessed value of the property. (2) In addition to the exemption provided for in this subsection. there shall also be a real estate tax credit for rehabilitated historically siQnificant residential structures for those property owners who have purchased and rehabilitated. in accordance with the provisions of this section. a historically siQnificant residential structure which at the time of purchase was encumbered by local property tax liens exceedinQ fifty per cent (50%) of the assessed value of the property. Such tax credit shall be in an amount equal to the total amount of the tax liens. not to exceed the amount by which the local property tax liens exceeded fifty per cent (50%) of the assessed value of the property at the time of purchase. The credit shall be applied upon completion of the rehabilitation and may be allocated by the property owner over a period of no 10nQer than ten (10) years. ~ rn By August 15th of each year of the period of exemption from real estate taxes, the real estate assessor shall notify the city treasurer of the exemption and tax credit. if any. and the amount to be credited to the property owner's tax bill. (g) Exemption for rehabilitated historically significant commercial or industrial structures. The exemption for rehabilitated historically significant commercial or industrial structures shall be calculated and applied as set forth below: (1) For rehabilitated historically significant commercial or industrial structures, the exemption shall be an amount equal to the qreater of the initial increase in assessed value of the structure above its base value resultinQ from the rehabilitation of the structure. as determined by the real estate assessor. or an amount equal to fifty per cent (50%) percent of the qualified qualifyinQ costs of rehabilitating the structure; provided. however, that the amount of the exemption provided by this subsection shall not exceed the amount of the assessment of the structure at any time after its rehabilitation. This exemption shall run with the land for five (5) fifteen (15) years. No increase in assessment occurrinq after the first year of such rehabilitation exemption shall qualify for an increase in such exemption. In the event of a decrease in the property's assessed value after the first year of any rehabilitation exemption. the exemption shall be based on the difference in taxes computed on the base value and the decreased assessed value of the property. For any rehabilitation project to qualify for this exemption. the rehabilitation project costs must amount to at least t\venty five (25) percent of the structure's assessed value immediately prior to the rehabilitation work. The costs that may qualify in calculating the exomption include actual expenditures associated with any exterior, structural, mechanical or electrical impro'.'ements necessary to rehabilitate a historically significant structure for commercial or industrial use, including. but not limited to, costs associated with demolition, carpentry, sheetrock. plaster. p::linting, ceilings, fixtures, doors, 'Hindo'Ns, fire suppression systems. roofing and flashing. exterior repair, excavations. grading. paving. driveways. roads. sidewalke. l::lndscaping or other land improvoments, cleaning and cleanup. The applicant shall submit to the real estate assessor documentation of all qualifyinQ costs incurred as a basis for the exemption, and 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 I shall execute an affidavit stating that all such costs were incurred as part of the project. (2) By August 15th of each year of the period of exemption from real estate taxes, the real estate assessor shall notify the city treasurer of the exemption and the amount to be credited to the property owner's tax bill. (h) Exemption for rehabilitated historicallv sianificant hotel or motel structures. The exemption for rehabilitated historically siqnificant hotel or motel structures shall be calculated and applied as set forth below: (1) For rehabilitated historically siqnificant hotel or motel structures. the exemption shall be in an amount equal to ninety per cent (90%) of the total assessed value of the rehabilitated structure. not to exceed the increase in the assessed value resultinq from the rehabilitation of the structure as determined by the real estate assessor. The exemption shall commence upon completion of the rehabilitation. renovation or replacement and shall run with the real estate for a period of twenty-five (25) years. No increase in assessment occurrinq after the first year of such rehabilitation exemption shall qualify for an increase in such exemption. In the event of a decrease in the property's assessed value after the first year of any rehabilitation exemption. the exemption shall be based on the difference in taxes computed on the base value and the decreased assessed value of the property. (2) By Auqust 15th of each year of the period of exemption from real estate taxes. the real estate assessor shall notify the city treasurer of the exemption and the amount to be credited to the property owner's tax bill. W.ill Land book. Pursuant to Code of Virginia 33 58.1 3220(C) and 58.1 3221 (C), the The commissioner of the revenue shall not list or display any exemption provided by this section as a reduced value in the land book. fit ill. Ineligibility for exemption or tax credit; termination of exemption same. Improvements made upon vacant land, demolition or total replacements of historically significant structures, and rehabilitation efforts that the historical review board planninq director has determined, in writing, will diminish the historical significance of a structure shall not be eligible for the partial exemption from real estate taxation or tax credit provided by this section. ~ Failure to comply with any provision of this section, or the making of false statements in the course of applying for the exemption or tax credit provided by this section, shall constitute grounds for denial of the exemption or tax credit. Changes to a structure that. after a rehabilitation project has been completed and an exemption or tax credit granted, cause it to be deleted removed from the Virginia Beach Historical Register, shall terminate the exemption and tax credit provided by this section, effective July 1 of the next tax year. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2008. I I 1 A RESOLUTION CONCERNING THE CITY'S FY 2 2008-09 ACTUARIAL PAYMENT IN ACCORDANCE 3 WITH THE GASB45 GUIDELINES AND THE FUND 4 BALANCE OF THE CITY AND SCHOOL HEALTH 5 INSURANCE INTERNAL SERVICE FUND 6 7 WHEREAS, the City of Virginia Beach desires to fund its long term health 8 insurance commitment to retires pursuant to Government Accounting Standards Board 9 Circular 45 ("GASB45"); 10 11 WHEREAS, for FY 2008-09, the actuarially required contribution for the City to 12 meet the GASB45 guidelines is $5 million; 13 14 WHEREAS, it is financially prudent to have a fund balance policy for the Health 15 Insurance Special Revenue whereby the fund shall retain a balance of an amount equal 16 to one month's of health care expenses based on the previous year's actual cost. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 1. That the FY 2008-09 GASB45 actuarially required payment of $5 million 22 shall be funded with $4 million from the General Fund and $1 million from the City and 23 School Health Insurance Internal Service Fund. 24 25 2. That the City and School Health Insurance Internal Service Fund shall 26 retain a balance in the fund equal to one month's health care expense, based upon the 27 previous year's actual cost. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of 30 May, 2008. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY If: . ,/ I /.~i " c / J i,"'t/~~,.;l.-''''--'--7-';'' ,'...,'-':...,;l':>->j) ,:. ~~, Oepartme11t of Management Services ~~f> City Attorney's Office CA 10700 R-2 May 8. 2008 " I - 25 - Item V-J.1.a.21. ORDINANCES/RESOLUTION ITEM 57603 Upon motion by Vice Mayor Jones, seconded by Councilman Wood. City Council DEFERRED to a future City Council Session: a. FY 2008-09 Operating Budget 21) AUTHORIZE the City Manager to change the health care coverage available to active and retired employees for plan year 2009 Voting: 9-2 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill" DeSteph and Reba S. McClanan Council Members Absent: None May 13, 2008 " I - 26 - Item V-J.1.b. 1-4. ORDINANCES/RESOLUTION ITEM 57604 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: b. FY 2008-2009 Biennial Capital Budget: 1) FY-2009/FY-2014 Capital Improvement Program (CIP); and, APPROPRIATE $221,504,384 for the FY 2009 Capital Budget, subject to funds being provided from various sources set forth therein 2) AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of $68,700,000 for various public facilities and general improvements 3) AUTHORIZE the issuance of Storm Water Utility System Revenue Bonds in the maximum amount of $6, 000, 000 4) AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the maximum amount of $13, 000, 000 Voting: 9-2 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill" DeSteph and Reba S. McClanan Council Members Absent: None Council Lady McClanan DISCLOSED Pursuant to Section 2.2-3115(G), Code of Virginia, re Item J1.b.1 Ordinance to ADOPT FY-2009/FY-2014 Capital Improvement Program (CIP); and, APPROPRIATE $221,504,384 for the FY 2009 Capital Budget, subject to funds being provided from various sources set forth therein. Council Lady McClanan DISCLOSED two (2) of the projects funded by the Ordinance are Princess Anne Road/Kempsville Road Intersection Improvements (CIP 2-048 and Witchduck Road Phase I (CIP 2-931) Transportation Plan. Her husband and she have an ownership interest in Kempsville Professional Center, Inc. This Corporation owns property located at 425 South Witchduck Road, near the intersection of Kempsville Road and Princess Anne Road. She is a member of a group (property owners) affected by the Princess Anne/Kempsville Intersection project the members of which are affected by the transaction; however, she is able to participate in this discussion and vote fairly, objectively and in the public interest. Council Lady McClanan 's correspondence of May 13, 2008, is hereby made a part of the record. May 13, 2008 'I I Citye>f Vir-girlia Beach REBA S. McCLANAN COUNCIL LADY - DISTRICT 3 - ROSE HALL PHONE: (757) 340-8835 FAX: (757) 426-5669 May 13, 2008 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Fraser: Re: Disclosure Pursuant to Section 2.2-3115(G), Code of Virginia Pursuant to the Virginia Conflict ofInterests Act, Section 2.2-3115(G), Code of Virginia, I make the following declaration: 1. I am executing this written disclosure regarding the ordinance to adopt the FY2009/FY 2014 Capital Improvement Program. Two of the projects funded by the ordinance are the Princess Anne Road/Kempsville Road Intersection Improvements (CIP 2-048) and Witchduck Road Phase I (CIP 2-931) Transportation Plans. 2. The nature of my personal interest is that my husband and I have an ownership interest in Kemspville Professional Center, Inc., and that corporation owns property that is located at 425 South Witchduck Road, near the intersection of Kempsville Road and Princess Anne Road. 3. I am a member of a group (property owners affected by the Princess Anne/Kempsville Intersection Project) the members of which are affected by the transaction. 4. I am able to participate in this discussion fairly, objectively, and in the public interest. 3224 BURNT MILL ROAD. VIRGINIA BEACH. VA 23452-5207 Proud Recipient of the 1998 us. Senate Medallion of Excellence for Productivity and Q}l,ality in the Public Sector. Mrs. Ruth Hodges Fraser -2- Re: Disclosure Pursuant to Section 2.2-3115(G), Code of Virginia Thank you for your assistance and cooperation in this matter. Sincerely, ~)!t-~ Reba S. McClanan Councilmember RSM/RRI 'I I May 13,2008 'I I 1 AN ORDINANCE TO ADOPT THE FY 2009/FY 2014 CAPITAL 2 IMPROVEMENT PROGRAM AND TO APPROPRIATE 3 $221,504,384 FOR THE FY 2009 CAPITAL BUDGET SUBJECT 4 TO FUNDS BEING PROVIDED FROM VARIOUS SOURCES SET 5 FORTH HEREIN 6 WHEREAS, the City Manager, on March 25. 2008, presented to City Council the Capital Improvement 7 Program for fiscal years 2009 through 2014; 8 9 WHEREAS. City Council held public hearings on the program to provide for public comment; 10 11 WHEREAS. based on public comment. City Council has determined the need for certain projects in the 12 Capital Improvement Program; and 13 14 WHEREAS. it is necessary to appropriate funds for both existing projects and projects beginning in the 15 2009 fiscal year. as set forth in said Capital Improvement Program. 16 17 NOW. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. 18 VIRGINIA: 19 20 Section 1. That the Capital Improvement Program, as modified, for the construction of, or addition to, 21 capital facilities identified for fiscal years 2009 through 2014 is hereby adopted. and the projects listed therein 22 are hereby approved as capital projects. 23 24 Section 2. That the projects shall be financed from funds to be appropriated periodically by City Council, 25 and until funds are so provided. the projects are for planning purposes only and may be deleted. altered, or 26 rescheduled in any manner at any time by City Council. 27 28 Section 3. That funds in the amounts aggregating $221.504.384 for capital projects in the Capital Budget 29 for the 2009 fiscal year. as set forth in said Capital Improvement Program, are hereby appropriated. by project ~30 and subject to the conditions set forth herein. The amount of funding for individual projects is set forth in ~31 "Attachment A - Capital Budget Appropriations." a copy of which is attached hereto. ~32 :33 Section 4. That in accordance with Section 2-196 of the City Code, financing sources in support of the 34 Capital BUdget for the 2009 fiscal year as set forth in said Capital Improvement Program are attached to this ~35 ordinance as "Attachment B - Financing Sources." :36 37 Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in accordance :38 with said Capital Improvement Program and reallocated as identified in "Attachment C - Transfers," a copy of :39 which is attached hereto. 40 41 Section 6. That additional appropriations, the addition of capital projects, and changes in project scope 42 shall not be initiated except with the consent and approval of the City Council first being obtained, and an 43 appropriation for a project in the Capital Improvement Program shall continue in force until the purpose for 44 which it was made has been accomplished or abandoned. 45 46 Section 7. That all contracts awarded for approved and appropriated capital projects, exclusive of school 47 projects, must be certified as to the availability of funds by the Director of Finance prior to the initiation of work 48 on the contract. 49 50 Section 8. That subject to any applicable restriction of law or of any bonds or bond issue, the City 51 Manager or the Director of Management Services is authorized to approve transfers of appropriations in an 52 amount up to $100,000 between capital projects as may best meet the needs of the City. The City Manager 53 shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. The City 54 Manager or the Director of Management Services is hereby authorized to establish and administer the ,I I 55 budgeting of capital projects consistent with best management practices. reporting requirements and the Capital 56 Improvement Program adopted by the City Council. 57 58 Section 9. That to ensure timely completion of water and sewer proiects. appropriations for water and 59 sewer companion proiects may be transferred between these proiects by the City ManaQer (or desiQnee). 60 "Companion proiects" mean water and sewer proiects havinQ the same name or proiect scope and description 61 with the exception of "water" or "sewer" beinQ in the title and/or proiect scope and description. 62 63 Section 9 10. That the City Manager or the Director of Management Services is hereby authorized to 64 change. subject to any applicable restriction of law or of any bonds or bond issue. the financing sources for the 65 various capital projects included in this or previous ordinance~ to reflect effective utilization of the financing 66 sources and actual collections and/or realized revenues. If the financing sources in support of capital projects 67 decline, the City Manager or the Director of Management Services is authorized to reduce. subject to any 68 applicable restriction of law or of any bonds or bond issue. those appropriations to equal the changed financing 69 source. The City Manager must give prior notice to the City Council of any reductions to total appropriations 70 exceeding $100.000. The notice to City Council shall identify the basis and amount of the appropriation 71 reduction and the capital projects affected. The accounting records of the City will be maintained in a manner 72 where the total of financing sources is equal to the total appropriations for each of the City's capital projects 73 funds. 74 Section 11. That the fundinQ sources for the followinQ capital improvement proiects should be amended. 75 (a) That the fundinq source for an appropriation of $9.851.250 to CIP #9-018. "Convention Center 76 Replacement." is hereby chanqed from contribution from the State to fund balance of the Maior Proiects Fund. 77 78 (b) That the fundinq source for an appropriation of $700.000 to CIP #6-1 03. "Lake Ridqe Interceptor Force 79 Main." is hereby chanqed from contribution from HRSD to retained earninqs of the Water and Sewer Utility 80 Fund. 81 (c) That the fundinq source for an appropriation of $81.141 to CIP #4-972, "Red Winq Golf Course 82 Renovation and Expansion (Partial)." is hereby chanqed from transfer from the Golf Course Special Revenue 83 Fund to fund balance from the Golf Course Special Revenue Fund. 84 85 Section .w 12. That the Capital Improvement Program debt management policies contained and 86 included in the Resource Management Plan Executive Summary document shall be the policy guidelines of 87 the City. and the City Manager shall annually report on the status of those guidelines and the projected impact 88 of the proposed Capital Improvement Program on those guidelines. such information to be included in the 89 Resource Management Plan submittal. The City Manager may propose modifications to those policies and 90 guidelines through the Resource Management Plan. 91 92 Section 44 13. That subject to the appropriation of sufficient funds within a capital project, the acquisition 93 of real property necessary for the project is authorized by means of voluntary negotiation with willing sellers. 94 95 Section .t214. That violation of this ordinance shall result in the City Manager taking disciplinary action 96 against the person or persons responsible for the capital project in which the violation occurred. 97 98 Section .f.3 15. That if any portion of this ordinance is for any reason declared to be unconstitutional or 99 invalid. such decision shall not affect the validity of the remaining portions of this ordinance. 100 101 Section .f4 16. That this ordinance shall be in effect from the date of its adoption; however, 102 appropriations for the FY 2009 Capital Budget shall be effective on July 1, 2008. 103 104 Adopted by the City Council of the City of Virginia Beach, Virginia on this 13th day of May, 2008. 105 106 Adoption requires an affirmative vote by a majority of al/ members of the City Council. APPROVED AS TO CONTENT 'I I APPROVED AS TO LEGAL SUFFICIENCY /.// ,/ ,J ~ j' . ~ ' V f i..,. I. ~ ,-"""': ..,~, if .f{>'fj,,, "Li~ 'k I.,. ;i,.,,.W"~;'.:t>,,,"'_~a J Jd' .1;'-<';.0<- ~7~"""" Managemen Services ::e~ City Attorney's Office Project Number Attachment A - Capital Budget Appropriations Projects II I Appropriations FY 2008-09 9.060 9.081 9.082 9.083 9.141 3.021 3.054 3.104 3,133 3.365 3.371 3.043 3.085 3.086 3.094 3.096 3.281 2.018 2.021 2.031 2.039 2.048 2.052 2.071 Economic Vitality Oceana & Interfacility Traffic Area Conformity & Acquisition Strategic Growth Area Program Oceanfront Garages Capital Maintenance Town Center Garage and Plaza Capital Maintenance Economic Development Investment Program (On-Going) Total Economic and Tourism Development Projects: Total Economic Vitality Projects: Safe Community Fire and Rescue Station - Thalia Animal Control & K-9 Unit Replacements Fire Station 19. Stumpy Lake/Salem - Repairs Fire Training Center Improvements - Phase /II Fire Facility Rehabilitation and Renewal - Phase /I Fire Apparatus - Phase II Total Buildings Projects: CIT - In-Vehicle Mapping CIT - ERS - Automation of Emergency Medical Dispatch CIT - EMS - Handheld Field Reporting (Partial) CIT - Police - Telestaff T&M Module CIT - Police - MDT Increased Functionality CIT - Communication Infrastructure Replacement - Phase I Total Communications and Information Technology Projects: Total Safe Community Projects: Quality Physical Environment Major Intersection Improvements Rural Road Improvements Street Reconstruction Computerized Traffic Signal System Upgrade/Rep!. Princess Anne Rd./Kempsville Rd. Inter. Impr. (First Cities) Traffic Signal Rehabilitation Baker Road Extended $15.000.000 3.000,000 1,250,000 1.118.110 2,163.855 $22.531.965 $22.531,965 $1.676,443 973,400 765,142 400,000 705.333 1.695.882 $6.216.200 $904,716 205.910 73.000 83.200 281.324 8.622.012 $10,170,162 $16.386.362 $750.000 100.000 150.000 2.355.000 3,532.107 100.000 200.000 Project Number Attachment A - Capital Budget Appropriations Projects II I Appropriations FY 2008-09 2.072 2.083 2.089 2,107 2.129 2.143 2.160 2.161 2.168 2.263 2.268 2,300 2,305 2,502 2.931 3.144 3.359 3.366 3.367 3.368 5.086 5.087 5.089 5.092 5.162 5.167 5.302 5.303 5.403 5.501 5.602 5.604 5.708 5.805 Qualitv Phvsical Environment First Colonial RdNa. Beach Blvd. Intersection Imp. Diamond Springs Road Bridge Replacement Southeastern Parkway & Greenbelt (Partial) Seaboard Road Pavement Maintenance Program Phase II Laskin Road Gateway - Phase I-A City Wide Street Lighting Improvements - Phase II Traffic Signal Retiming Lesner Bridge Replacement (Partial) Major Bridge Rehabilitation Wetlands Mitigation Banking Traffic Safety Improvements - Phase III Princess Anne Road- Phase IV (VDOT) West Neck Road Interim Safety Improvements Witchduck Road - Phase I ( First Cities Project) Municipal Center Parking - Courts Building Modernizations. Renewals and Replacements (Partial) Various Buildings HVAC Rehabilitation and Renewal - Phase II Various Buildings Rehabilitation and Renewal - Phase II Various Site Acquisitions Comprehensive Water Master Planning - Phase V Bayway Road Water Improvements - 51 % Program Various Roadway/Storm Water Coordination - Phase V Landstown Yard Improvements - Phase III Backflow Prevention and Cross Connection Control Program Water Tank Upgrade Program - Phase III Potable Wells Evaluation Program Phase II Water Quality Program - Phase III Service Order Automation Solution Design Water Pumping Station and Tank Upgrade Program-Phase I Princess Anne Rd/Kempsville Rd Intersection Improvements Princess Anne Road Water Improvements - Phase VII Resort Area Neighborhood Revitalization Water System Aging Infrastructure Program - Phase I Total Roadways Projects: Total Buildings Projects: 1,708.616 465,000 735,743 3.500.166 8.160.500 5,400.000 60.000 599.800 7.124,406 660,000 50.000 1,200.000 4.837.295 615,939 3.737.000 $46.041.572 $325.000 100.000 1,695,334 3.128,588 2.000.000 $7,248,922 $200.000 205.000 200.000 460.000 75.000 750.000 250.000 100.000 100.000 50.000 70.000 850.000 250.000 250.000 II I Attachment A - Capital Budget Appropriations Project Appropriations Number Projects FY 2008-09 Qualitv Phvsical Environment 5.951 Water Tap Installation Program 180.000 5.952 Water Pump Station Flow Monitoring and Data Storage 210,000 5.967 Water Resources Investigation & Planning - Phase I 100.000 Total Water Utility Projects: $4.300,000 6.019 Resort Area Neighborhood Revitalization $600,000 6.027 Kenley Rd / Bonney Rd Sewer Improvements - 51% Program 80.000 6.065 Infiltration. Inflow. and Rehabilitation - Phase IV 4.191,417 6.066 Pump Station Modifications - Phase IV 3.700,000 6.085 Sanitary Sewer Aging Infrastructure Program - Phase II 500.000 6.089 Comprehensive Sewer Master Planning - Phase IV 200.000 6.106 Various Roadway/Storm Water Coordination - Phase V 100.000 6.138 Landstown Yard Improvements - Phase III 460.000 6.139 Bayway Road Sewer Improvements - 51% Program 175.000 6.403 Service Order Automation Solution Design 100,000 6.505 Princess Anne Plaza Rehabilitation - Phase II 1.358.583 6.506 Sanitary Sewer System Revitalization Program - Phase I 1,750.000 6.612 Pump Station Wet Well Revitalization 700,000 6.801 Various Sewer Infrastructure Maintenance Support - Phase II 50.000 6.804 Sanitary Sewer Regulatory Compliance Program - Phase J 3.800,000 6.951 Sewer Tap Installation Program 420,000 6.952 Sewer Pump Station Flow Monitoring and Data Storage 1.015.000 6.973 Sanitary Sewer Capacity Program - Phase I 1.500.000 Total Sewer Utility Projects: $20.700.000 7.004 Storm Water Infrastructure Rehabilitation $1.018.800 7.024 Southern Canal/Lead Ditch and Culvert Improvements 200.000 7.033 Rosemont Forest Drainage Improvements 6.000.000 7.035 Lawson Forest Drainage 360,000 7.063 Neighborhood Storm Water Infrastructure Improvements 481.769 7.067 Primary System Infrastructure Improvements 703.500 7.091 Residential Drainage Cost Participation Program 50.000 7.152 Lake Management 536.280 7.153 Lynnhaven Watershed Restoration 200.000 7.157 Lynnhaven River Environmental Restoration Study 74.000 7.183 Storm Water Quality Enhancements 1,094,198 7.902 North Beach Drainage 3.600.000 Total Storm Water Projects: $14.318.547 Project Number Attachment A - Capital Budget Appropriations Projects i I I Appropriations FY 2008-09 8.002 8.004 8.005 8,007 8.008 8,023 8,110 8,282 8,830 3.061 3.084 3.087 3.091 3.092 3.278 4.013 4,016 4.017 4.018 4,023 4.024 4.036 4.055 4.058 4.063 4.070 4.309 Qualitv Phvsical Environment Beach Profile Monitoring Program (Partial) Various Minor Dredging Projects Western Branch Lynnhaven River Maintenance Dredging Rudee Inlet Outer Channel Maintenance Dredging Beach Replenishment Sand bridge Beach Access Improvement & Sand Management Eastern Branch Lynnhaven River Dredging Sand bridge Beach Restoration Rudee Inlet Federal Dredging Total Coastal Projects: CIT - Hansen Version 8 Upgrade CIT - eGIS - Digitial Submission of Construction Plans CIT - HNP - Field Automation Analysis CIT - Planning - Addressing System Integration CIT - Planning - Business System Integration Analysis Total Communications and Information Technology Projects: Total Quality Physical Environment Projects: Cultural & Recreational Opportunities Virginia Aquarium Renewal and Replacement - Phase II Total Buildings Projects: Community Rec Centers Repairs & Renovations - Phase II Parks & Special Use Facilities Develop. & Reno. - Phase" Golf Courses Equipment & Infrastructure - Phase" Greenways. Scenic Waterways & Natural Areas - Phase" Neighborhood Parks Acquisition and Development - Phase" Park Playground Renovations - Phase II Tennis Court Renovations - Phase" Open Space Park Development and Maintenance Pacific Avenue Trail Extension Athletic Fields Lighting & Renovations - Phase" Open Space Program Site Acquisition - Phase II Mount Trashmore District Park Renovations - Phase II Total Parks and Recreation Projects: $25,000 50.000 418.000 260.000 1,449.813 225,000 195.589 3.980,000 460.000 $7,063,402 $225.000 226.984 136.000 220.000 72.800 $880.784 $100.553.227 $119,526 $119.526 $4.979,489 918.658 200.000 150.000 150.000 480,000 300.000 1.900,000 355.843 200,000 508.000 250.000 $10.391.990 Project Number Attachment A - Capital Budget Appropriations Projects i I I Appropriations FY 2008-09 3.089 3.090 1.001 1.019 1.026 1.078 1.085 1.099 1.103 1.104 1.105 1.106 1.232 1.234 1.235 3.175 3.262 3.052 3.068 3,076 3.077 3.078 3.079 3.081 3.082 Cultural & Recreational Opportunities CIT - P&R - Field Enabling HW for Hansen End Users CIT - P&R - Class/lnSite Interface Total Communications and Information Technology Projects: Total Cultural & Recreational Opportunities Projects: Quality Education and LifelonQ LearninQ Renovations and Replacements - Energy Management Great Neck Middle School Replacement College Park Elementary School Replacement Pupil Transportation Services Maintenance Facility Renaissance Academy Renovations and Replacements - Grounds - Phase" Renovations and Replacements - HVAC Systems - Phase" Renovations and Replacements - Reroofing - Phase" Renovations and Replacements - Various - Phase II Kellam High School Tennis Court Renovations Virginia Beach Middle School Replacement Windsor Oaks Elementary School Replacement Total Schools Projects: Virginia Beach Lifelong Learning Center (Partial) TCC Expansion/Operation Smile Headquarters Total Buildings Projects: Total Quality Education and Lifelong Learning Projects: Qualitv OrQanization CIT- IT Service Continuity CIT - IT Network Infrastructure Replacement - Phase II CIT - Conversion to Virtualization Analysis CIT - Data Center Sustainability and Risk Reduction CIT - GIS Web Infrastructure Upgrade CIT - City-wide Municipal Wide Area Network Phase II CIT - HRlPayroll System - Payroll Lag and Work Week Change CIT - IPv6 Analysis $260,821 69,760 $330.581 $10,842.097 $800.000 15.500.000 1,750.000 4,000,000 11,525.000 750,000 3,500.000 2.500.000 1.000.000 6.712.537 250,000 1.500.000 10,051.379 $59.838,916 $2,740.367 690.000 $3,430.367 $63,269.283 $314,000 564.803 60,000 250.000 150.000 700,000 275,000 50.000 Project Number Attachment A - Capital Budget Appropriations Projects .1 I Appropriations FY 2008-09 3.083 3.088 3.119 3.124 3.209 3.280 3.340 Qualitv OrQanization CIT - System Center Configuration Management CIT - ODO - Collaborative Learning CIT - Cable Access Infrastructure Replacement CIT - COPS Interoperable Communications Tech Grant - Ph " CIT - Enterprise Electronic Records Management System CIT - City Human Resources/Payroll System CIT - Telecommunications Replacement Total Communications and Information Technology Projects: Total Quality Organization Projects: Total Capital Budget: 150,000 412.000 660.647 2.510.000 1.000,000 575.000 250.000 $7.921,450 $7.921,450 $221.504,384 Financing Sources Development Proffers Federal Contribution Franchise Fees Fund Balance - E-911 Fund Fund Balance - General Fund Fund Balance - Other General Appropriations General Obligation Bonds Interest Income - Schools Capital Projects Other Localities Retained Earnings - Parking Retained Earnings - Storm Water Retained Earnings - Town Center SSD Retained Earnings - Water and Sewer State Contribution Storm Water Utility Bonds Storm Water Utility Fund Water and Sewer Bonds Water and Sewer Fund Attachment B - Financing Sources Total Financing Sources: I I Capital Budget FY 2008-09 $8.000 1.860,000 313.000 6.487.139 13.884.232 9.108.011 56.345.815 64,489.005 2.500.000 650.000 1.250.000 118,315 1,118.110 5.000.000 24,172,525 6.000.000 8.200,232 13.000.000 7.000.000 $221.504.384 Projects Attachment C - Transfers Safe Community Communications and Information Technoloqy Transfer To: 3.3281 CIT - Communication Infrastructure Replacement - Phase I (Revenue Reduction - Lease Purchase) Transfer From: 3.3281 Roadway Proiects Transfer To: 2.018 2.025 2.039 2.048 2.073 2.117 2.152 2.165 2.256 2.931 Transfer From: 2.007 2.018 2.025 2.039 2.048 2.072 2.073 2.075 2.107 2.118 2.165 2.200 2.257 Total Transfer To: CIT - Communication Infrastructure Replacement - Phase I (Lease Purchase) Total Transfer From: Quality Physical Environment Major Intersection Improvements (Fund Balance - General Fund 2008) Witchduck Road - Phase II (Partial) (First Cities Project) (Includes Revenue Reduction from State Contribution 2004 and 2005 $26.000) Computerized Traffic Signal System Upgrade/Repl. (Partial) (Revenue Reduction) Princess Anne Rd./Kempsville Rd. Inter. Impr. (First Cities) (Includes Revenue Reduction from State Contribution 2005. 2006, 2007. and 2008 $6.332.105) Buckner Boulevard Extended Shore Drive Corridor Improvements - Phase III Elbow Road Extended - Phase II (First Cities Project) (2008 State Contribution) Laskin Road - Phase II (First Cities Project) (Includes Revenue Reduction from State Contribution 2002,2003.2004.2005 $1.026.000) Indian River Rd - Phase VII (First Cities Project) (2008 State Contribution) Witchduck Road - Phase I ( First Cities Project) (Includes Revenue Reduction from State Contribution 2008 $536,213) Total Transfer To: Shipp's Corner Road Bridge Replacement Major Intersection Improvements (Charter Bonds) Witchduck Road - Phase II (Partial) (First Cities Project) (2004 and 2005 State Contribution Computerized Traffic Signal System Upgrade/Repl. (Partial) (2007 State Contribution) Princess Anne Rd./Kempsville Rd. Inter. Impr. (First Cities) (2005. 2006. 2007. and 2008 State Contribution) First Colonial RdNa. Beach Blvd. Intersection Imp. Buckner Boulevard Extended Salem Road - Phase II Seaboard Road Shore Drive Corridor Improvements - Phase IV Laskin Road - Phase II (First Cities Project) (2001. 2002. 2003.2004. and 2005 State Contribution) Shore Drive Demonstration Project - Phases II & III Lynnhaven ParkwayNolvo Parkway (VDOT) ,I I , Appropriations Prior to FY 2008-2009 $5.125.620 $5.125.620 $5.125,620 $5.125.620 $300.000 2,052.000 2.355.000 13,706,014 1,331.002 450.000 638,795 3.026.000 4,107,180 536.213 $28.502,204 $290.622 2,400,000 26.000 2.355,000 11.078.080 2.662.338 1.231.812 80,444 1.353,166 250.000 3.026,000 500.000 476,238 Projects 2.833 2.930 2.931 Attachment C - Transfers First Colonial Rd.- Ph III & Oceana Blvd. (VDOT) Salem Road (VDOT) Witchduck Road - Phase I (2008 State Contribution) Total Transfer From: Water and Sewer Utility Proiects Transfer To: 5.083 5.084 5.164 5.207 5.404 5.600 6.065 6.066 6.089 6.148 6.169 6.506 6.804 Transfer From: 5.005 5.007 5.008 5.016 5.024 5.064 5.067 5.085 5.090 5.091 5.100 5.118 5.130 5.136 5.138 5.139 5.140 5.141 5.143 5.147 Stumpy Lake Water Reservoir & Pumping Facilities Improvement System Expansion Cost Participation Agreements - Phase" IVRlCTI. Bill Print, and Automated Payment Solution Design Laskin Road Water Improvements - Phase I (VDOT) Computerized Mapping & Infrastructure Management - Phase" 29th Street Water Tank Replacement Infiltration. Inflow, and Rehabilitation - Phase IV Pump Station Modifications - Phase IV Comprehensive Sewer Master Planning - Phase IV System Expansion Cost Participation Agreements - Phase II IVRlCTI. Bill Print. and Automated Payment Solution Design Sanitary Sewer System Revitalization Program - Phase I Sanitary Sewer Regulatory Compliance Program - Phase I Total Transfer To: North London Bridge Rd. Water Improvements (VDOT) Customer Information System Replacement Birdneck Road Water Improvements - Phase II (VDOT) System Expansion Cost Participation Agreements Holland Road - Phase VI Water Improvements (VDOT) Columbus Street Pump Station Modifications Courthouse and Sandbridge Tank Modifications Lynnhaven Pump Station Modifications - Phase II Lynnhaven Parkway - Phase XI Water Improvements (VDOT) Water Request & Agreements (51 % Program) - Phase V Sierra Drive Water Improvements Computerized Mapping and Infrastructure Management Systems Lynnhaven Pkwy Extended Water Improvements (VDOT) Water Quality Program - Phase II Comprehensive Water Master Planning - Phase IV Small Line Improvements - Phase IV Various Roadway/Storm Water Coordination - Phase IV Water Request and Agreements Phase IV - 51% Program Fire Hydrant Program Providence Road Water Improvements j I I Appropriations Prior to FY 2008-2009 160.067 50,224 2.562.213 $28,502,204 $600.000 406,715 8.510 631.845 347.495 2.275.041 2.308.583 2.300.000 400.000 75,000 24.260 1,250,000 572.452 $11.199.901 $38.345 8.510 188.512 406.715 60.000 110.000 75.091 626.850 44.802 110.000 10,248 347.495 110.927 106.047 28.671 55.865 5.432 106,262 171,431 100,000 Projects 5.148 5.154 5.167 5.202 5.708 5.944 5.964 6.012 6.033 6.034 6.035 6.038 6.046 6.051 6.057 6.063 6.067 6.068 6.069 6.072 6.075 6.079 6.080 6.081 6.082 6.084 6.102 6.103 6.146 6.149 6.502 6.710 6.937 6.971 Storm Water Proiects Transfer To: 7.005 7.035 7.067 7.902 Attachment C - Transfers Elbow Road Extended Water Improvements-Phases I & II(VDOT) Public Utilities Building - Study Water Tank Upgrade Program - Phase "' Laskin Rd-Phase II & Gateway Water Improvements (VDOT) Resort Area Neighborhood Revitalization Princess Anne Road Water Improvements Phase IV (VDOT) Water Resources - Lake Gaston Customer Information System Replacement Infiltration, Inflow. and Rehabilitation-Phase III Pump Station Modifications - Phase III Various Roadway/Stormwater Coordination - Phase III Sewer SCADA System Upgrade Computerized Mapping and Infrastructure Management Systems Indian River Rd. Sewer Improvements - Phase VII (VDOT) Holland Road - Phase VI Sewer Improvements (VDOT) Central Business District System Upgrade Various Roadway/Storm Water Coordination - Phase IV Sewer Requests and Agreements - Phase IV (51% Program) Birdneck Road Sewer Improvements - Phase II (VDOT) Bow Creek Neighborhood Park Sewer Improvements Laskin Road Sewer Improvements - Phase I (VDOT) Public Utilities Building - Study West Neck Pkwy FM - Lake Ridge IFM Interconnect Laskin Road Phase II & Gateway Improvements System Expansion Cost Participation Agreements - Phase I Maxey Manor Sewer Improvements - 51 % Program Princess Anne Commons Sewer Improvements Lake Ridge Interceptor Force Main Sewer Requests & Agreements - Phase V (51% Program) Princess Anne Sewer Force Main Phase IV (VDOT) Private Sanitary Sewer Pump Station Abandonment Program 19th Street Corridor Sewer Improvements Aragona Rehabilitation North London Bridge Road Sewer Improvements Total Transfers From: North Lake Holly Watershed Lawson Forest Drainage Primary System Infrastructure Improvements North Beach Drainage " I Appropriations Prior to FY 2008-2009 255.337 75,000 1.275.041 607,047 748.364 92.855 734.135 24,260 14.781 7.185 30,616 1.170 332.271 5.283 100.000 6.101 216.802 364.067 724.069 10.663 159.970 75.000 86.743 839,581 427.350 439 53 92,016 100.000 12,248 150.000 750.000 124.791 45,460 $11.199,901 $1,000,000 270.000 396,500 700.000 II Attachment C - Transfers Appropriations Prior to Projects FY 2008-2009 Total Transfers To: $2,366.500 Transfer From: 7.063 North Lake Holly Watershed $270.000 7.091 Residential Drainage Cost Participation Program 200,000 7 -152 Lake Management 1,896.500 Total Transfers From: $2.366.500 Coastal Proiects Transfer To: 8.008 Beach Replenishment $800.000 Total Transfer To: $800,000 Transfer From: 8.830 Rudee Inlet Federal Dredging $800.000 Total Transfer From: $800.000 Cultural and Recreational Opportunities Parks and Recreation Proiects Transfer To: 4.058 Pacific Avenue Trail Extension (Revenue Reduction) Total Transfers To: $6.954 $6,954 Transfer From: 4.058 Pacific Avenue Trail Extension (Federal Revenue FY 2005-06) Total Transfers From: $6.954 $6.954 Various Business Areas Transfer To: 3.008 Computer Aided Dispatch System (Transfer from General Fund FY 2007-08) $1.002.161 447.210 3.061 CIT - Hansen v.a Upgrade (Capital Lease Purchase) 3.200 CIT - Revenue Assessment and Collection System (Capital Lease Purchase) 2,446,720 3.370 CIT - Voting Machine Replacements (Transfers from General Fund FY 2005-06 and FY 2007-08) Fire Apparatus - Phase /I (Capital Lease Purchase) 1,137,313 3.371 1.824,663 3.446 CfT - Communication System Upgrade (Transfers from General Fund FY 2006- 07 and FY 2007-08 and Information Technology FY 2006-07- Retained Earnings) 556,119 Projects 9.013 Transfer From: 3.008 3.061 3.200 3.370 3.371 3.446 9.013 Attachment C - Transfers 31st Street Development Site Acquisition (Transfers from General Fund FY 2004-05 and FY 2007-08) Total Transfer To: Computer Aided Dispatch System (Capital Lease Purchase) CIT - Hansen V.8 Upgrade (Transfer from Information Technology FY 2006-07- Retained Earnings) CIT - Revenue Assessment and Collection System (Transfers from General Fund FY 2004-05. FY 2005-06. and FY 2007-08) CIT - Voting Machine Replacements (Capital Lease Purchase) Fire Apparatus - Phase II (Transfers from General Fund FY 2006-07 and FY 2007-08) CIT - Communication System Upgrade (Capital Lease Purchase) 31st Street Development Site Acquisition (Capital Lease Purchase) Total Transfer From: II I Appropriations Prior to FY 2008-2009 2,023.000 $9.437.186 $1.002.161 447.210 2.446,720 1.137.313 1.824.663 556.119 2.023.000 $9.437,186 ] I I 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL 2 OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY 3 OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT 4 OF $68,700,000 FOR VARIOUS PUBLIC FACILITIES AND 5 GENERAL IMPROVEMENTS 6 WHEREAS, the City of Virginia Beach, Virginia (the "City"). desires to authorize the issuance of 7 general obligation public improvement bonds for various purposes in the maximum amount of $68.700,000. as 8 permitted by the City Charter. without submitting the question of their issuance to the qualified voters. 9 10 NOW. THEREFORE. BE IT ORDAINED BYTHE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 1. That it is hereby determined to be necessary and expedient for the City to construct and improve 13 various public facilities and make general improvements. all of which will promote the public welfare of the City and its 14 inhabitants and will facilitate the orderly growth. development, and general welfare of the City. and to finance the costs 15 thereof through the borrowing of up to $68.700,000 and issuing the City's general obligation bonds therefor. 16 17 2. That. pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized 18 to be issued general obligation public improvement bonds of the City in the maximum amount of $68.700.000, to 19 provide funds, together with other funds that may be available, for various public improvement projects, including 20 School, Roadway. Coastal. Economic and Tourism, Building. and Parks and Recreation projects, for project activities 21 that include, but are not limited to. the following: preliminary studies and surveys, permit compliance, environmental 22 assessment. planning, design, engineering. site acquisition, relocation of residents. utility relocation. construction, 23 renovation. expansion. repair. demolition, site improvement. site work, legal services, inspection and support services, 24 furniture and equipment. and contingencies. 25 26 3. That the bonds may be issued as a separate issue at one time or in part from time to time or 27 combined with bonds authorized for other purposes and sold as part of one or more combined issues of pUblic 28 improvement bonds. 29 :30 4. That the bonds shall bear such date or dates. mature at such time or times not exceeding 40 years 31 from their dates, bear interest, be in such denominations and form. be executed in such manner and be sold at such 32 time or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 33 34 5. That the bonds shall be general obligations of the City for the payment of the principal, premium. if 35 any, and interest on which its full faith and credit shall be irrevocably pledged. 36 37 6. That the City Clerk is directed to make a copy of this ordinance continuously available for 38 inspection by the general public during normal business hours at the City Clerk's office from the date of adoption 39 hereof through the date of the issuance of the Bonds. 40 41 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to 42 immediately file a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 43 44 8. That this ordinance shall be in full force and effective from its passage. 45 46 Adopted by the Council of the City of Virginia Beach. Virginia on this 13th day of May. 2008. 47 48 Adoption requires the affirmative vote of two-thirds of all members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ;:e~ City Attorney's Office II I 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF STORM 2 WATER UTILITY SYSTEM REVENUE BONDS OF THE CITY OF 3 VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF 4 $6,000,000 5 WHEREAS. the City of Virginia Beach. Virginia (the "City"), desires to authorize the issuance of storm 6 water utility system revenue bonds in the maximum amount of $6,000,000 for financing improvements and expansions 7 to the City's storm water utility system (the "System"), as permitted by the City Charter without submitting the question 8 of their issuance to the qualified voters. 9 10 NOW, THEREFORE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 1. That it is hereby determined to be necessary and expedient for the City to continue its program of 13 improving and extending the System, which will promote the public welfare of the City and its inhabitants and will 14 facilitate the orderly growth. development, and general welfare of the City, and to finance the costs thereof through the 15 borrowing of $6,000.000 and issuing the City's revenue bonds therefore. 16 17 2. That. pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized 18 to be issued storm water utility system revenue bonds of the City in the maximum amount of $6.000.000 to provide 19 funds, together with other available funds, for financing the costs of improvements and expansions to the System. 20 21 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years 22 from their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such 23 time or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 24 25 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be 26 limited obligations of the City. payable as to principal. premium. if any. and interest solely from the revenues derived 27 by the City from the System. and shall not be included within the otherwise authorized indebtedness of the City. The 28 bonds shall not be deemed to create or constitute an indebtedness of. or a pledge of the faith and credit of. the 29 Commonwealth of Virginia or of any county. city. town, or other political subdivision of the Commonwealth, including 30 the City. The issuance of the bonds and the undertaking of the covenants. conditions, and agreements to be 31 contained in resolutions to be adopted or agreements to be entered into hereafter shall not directly. indirectly, or 32 contingently obligate the Commonwealth. the City. or any other political subdivision of the Commonwealth to levy and 33 collect any taxes whatsoever or make any appropriation therefore except from the revenues pledged to the payment of 34 the principal of and premium, if any. and interest on the bonds. 35 36 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the 37 issuance of the bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, 38 charge. and collect such rates. fees. and other charges for the use of and the services furnished by the System and to 39 revise the same from time to time and as often as shall be necessary so as to produce sufficient net revenues to pay 40 principal of and premium, if any. and interest on the bonds as the same become due and to provide a margin of safety 41 therefor. Such resolutions and agreements shall also include such additional covenants, agreements, and other terms 42 as are customary for the protection of the holders of storm water revenue obligations. 43 44 6. That the City Clerk is directed to make a copy of this ordinance continuously available for 45 inspection by the general public during normal business hours at the City Clerk's office from the date of adoption 46 hereof through the date of the issuance of the bonds. 47 48 7. That the City Clerk, in collaboration with the City Attorney. is authorized and directed to 49 immediately file a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 50 51 8. That this ordinance shall be in full force and effect from its passage. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia on this 13th day of May. 2008. 54 Adoption requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT ". ;' 'I I APPROVED AS TO LEGAL SUFFICIENCY ./ ;ll_ -::e~ City Attorney's Office I il 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND 2 SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA 3 BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $13,000,000 4 WHEREAS, the City of Virginia Beach, Virginia (the "City"). desires to authorize the issuance of water and 5 sewer system revenue bonds in the maximum amount of $13,000,000 for financing improvements and expansions to 6 the City's water and sewer system (the "System"), as permitted by the City Charter without submitting the question of 7 their issuance to the qualified voters. 8 9 NOW, THEREFORE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 10 11 1. That it is hereby determined to be necessary and expedient for the City to continue its program of 12 improving and extending the System, which will promote the public welfare of the City and its inhabitants and will 13 facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through the 14 borrowing of $13,000,000 and issuing the City's revenue bonds therefore. 15 16 2. That pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be 17 issued water and sewer system revenue bonds of the City in the maximum amount of $13,000,000 to provide funds. 18 together with other available funds, for financing the costs of improvements and expansions to the System. 19 20 3. That the bonds shall bear such date or dates. mature at such time or times not exceeding 40 years from 21 their dates. bear interest, be in such denominations and form, be executed in such manner and be sold at such time or 22 times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 23 24 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited 25 obligations of the City, payable as to principal, premium. if any. and interest solely from the revenues derived by the 26 City from the System. and shall not be included within the otherwise authorized indebtedness of the City. The bonds 27 shall not be deemed to create or constitute an indebtedness of. or a pledge of the faith and credit of. the 28 Commonwealth of Virginia or of any country. city. town, or other political subdivision of the Commonwealth. including 29 the City. The issuance of the bonds and the undertaking of the covenants, conditions. and agreements to be 30 contained in resolutions to be adopted or agreements to be entered into hereafter shall not directly. indirectly. or 31 contingently obligate the Commonwealth. the City. or any other political subdivision of the Commonwealth to levy and 32 collect any taxes whatsoever or make any appropriation therefore. except from the revenues pledged to the payment 33 of the principal of and premium, if any. and interest on the bonds. 34 35 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance 36 of the bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, charge, and 37 collect such rates, fees, and other charges for the use of and the services furnished by the System and to revise the 38 same from time to time and as often as shall be necessary so as to produce sufficient net revenues to pay principal of 39 and premium, if any, and interest on the bonds as the same become due and to provide a margin of safety therefor. 40 Such resolutions and agreements shall also include such additional covenants. agreements. and other terms as are 41 customary for the protection of the holders of water and sewer revenue obligations. 42 43 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the 44 general public during normal business hours at the City Clerk's office from the date of adoption hereof through the 45 date of the issuance of the bonds. 46 47 7. That the City Clerk, in collaboration with the City Attorney. is authorized and directed to immediately file a 48 certified copy of this ordinance with the Circuit Court of the City of Virginia Beach. 49 50 8. That this ordinance shall be in full force and effect from its passage. 51 52 Adopted by the Council of the City of Virginia Beach. Virginia on this 13th day of May, 2008. 53 54 Adoption requires the affirmative vote of a majority of al/ members of the City Council. APPROVED AS TO CONTENT ,~ ~;~';~:,> . \', ...:r./'....,...."1 --, ). Management Services II I APPROVED AS TO LEGAL SUFFICIENCY ,-" ;::t? ~ City Attorney's Office "I I - 27 - Item V-J.2. ORDINANCES/RESOLUTION ITEM 57605 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to execute a lease of City- owned property with DOLPHIN RUN CONDOMINIUM ASSOCIATION at 3rd Street and Atlantic Avenue re an area for overflow parking DISTRICT 6 - BEACH Voting: 9-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf. John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill" DeSteph Council Members Abstaining: Reba S. McClanan Council Members Absent: None Council Lady McClanan DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(G), Code of Virginia, regarding the Item J2. (Dolphin Run Condominium Association). The nature of her personal interest is she has an ownership in one of the condominiums at Dolphin Run Condominiums, located at 303 Atlantic Avenue. The City Attorney has advised she is able to participate in this discussion and vote fairly, objectively and in the public interest. However, she wishes to DISCLOSE and ABSTAIN. Council Lady McClanan 's correspondence of May 13,2008, is hereby made a part of the record. May 13, 2008 ,I I City c:>f Virgi:r1ia Beach REBA S. McCLANAN COUNCIL LADY - DISTRICT 3 - ROSE HALL PHONE: (757) 340-8835 FAX: (757) 426-5669 In Reply Refer to: 0036028 May 27,2008 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Fraser: Re: Disclosure Pursuant to Section 2.2-3115(G), Code of Virginia Pursuant to the Virginia Conflict oflnterests Act, Section 2.2-3115(G), Code of Virginia, I make the following declaration: 1. I am executing this written disclosure regarding the ordinance to authorize the City Manager to execute a lease of City-owned property with Dolphin Run Condominium Association at 3rd Street and Atlantic Avenue for overflow parking. 2. The nature of my personal interest in this transaction is that I have an ownership interest in one ofthe condominiums at Dolphin Run Condominiums, which is located at 303 Atlantic Avenue. 3. Although the City Attorney has advised me that I may participate in this transaction upon disclosure of my interest, I have chosen to voluntarily abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. 3224 BURNT MILL ROAD, VIRGINIA BEACH, VA 23452-5207 Proud Recipient o/the 1998 u.s. Senate Medallion o/Excellence/or Productivity and Qjtality in the Public Sector. Mrs. Ruth Hodges Fraser -2- Re: Disclosure Pursuant to Section 2.2-3115(G), Code of Virginia Sincerely, ~j)&~ Reba S. McClanan Counci1member RSM/RRI II I May 27,2008 i I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXEUTE A SHORT-TERM LEASE (4 MONTHS) WITH THE DOLPHIN RUN CONDOMINIUM ASSOCIATION, INC., A VIRGINIA NON-STOCK CORPORATION FOR A O.09-ACRE PARCEL OF CITY-OWNED LAND LOCATED AT 3rd STREET AND ATLANTIC AVENUE WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 0.09 acre parcel of land located at 3rd Street and Atlantic Avenue, Virginia Beach, Virginia (the "Premises"); WHEREAS, the Dolphin Run Condominium Association, Inc. ("Dolphin Run"), a Virginia non-stock corporation, has agreed to pay the City $4,320 for the use of the Premises for a four-month period; WHEREAS, Dolphin Run would like to enter into a formal lease arrangement with the City for use of the Premises shown on Exhibit A; WHEREAS, the Premises will be utilized as an overflow parking lot for the registered guests of Dolphin Run, and for no other purpose; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease for a term of less than five years, between Dolphin Run and the City, for the Premises in accordance with the Summary of Terms attached hereto as Exhibit B and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of ,2008. May CA 10569 R-1 5/2/08 V:\applications\citylawprod\cycom32\Wpdocs\D002\P003\00055983.DOC APPROVED AS TO LEGAL SUFFICIENCY AND FORM da~ City Attorney APPROVED AS TO CONTENT " Exhibit A Dolphin Run Leased Premises (05/02/2008) 0.09 Acres at 3rd Street and Atlantic Avenue - Interstate - Primary Roads - Streets Parcel . Water Bodies N SCALE 1 : U67 r- - ""'1 I I '00 Q 100 200 FEET I 300 A " I EXHIBIT B SUMMARY OF TERMS LEASE FOR THE USE OF 0.09-ACRE CITY-OWNED PROPERTY LESSOR: City of Virginia Beach LESSEE: Dolphin Run Condominium Association, Inc. PREMISES: Approximately .09 acre of City property located at the corner of 3rd Street and Atlantic Avenue, known as GPIN: 2427-32-0138 TERM: May 15,2008 through September 15, 2008 RENT: Rent shall be $4,320, payable either in a lump sum or in equal monthly installments of $1,080.00. RIGHTS AND RESPONSIBILITIES OF DOLPHIN RUN CONDOMINIUM ASSOCIATION, INC.: · Will use the Premises for overflow parking for its guests and for no other purpose. · Will keep, repair, and maintain the Premises at its expense and will do so in a workmanlike manner. · Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. · Will maintain Automobile Liability Insurance including coverage for non-owned and hired vehicles in an amount not less than five hundred thousand dollars ($500,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Licensee shall provide a certificate evidencing the existence of such insurance. · Will assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. · Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF THE CITY: · Will have access to the Premises at any time, without prior notice, in the event of an emergency or public necessity. ,I I · Will have the right to require Dolphin Run Condominium Association, Inc. to surrender possession and control of the Premises to the City upon forty-eight (48) hours' notice in the discharge of the City's powers, purposes, or responsibilities. · Will have the right to grant easements and rights of way across the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: The City may terminate the Lease upon providing thirty (30) days' written notice to Dolphin Run Condominium Association, Inc. V-K. PLANNING 1. CONNIE ONE, L.L.C. 2. ALCAR, INC. 3. WILDLIFE REHABILITATION a. JILL C. HARRIS b. ELYSE HERRON c. DEBORAH C. HOOVER-POWERS d. SUZANNE McBRIDE e. DENISE N. THOMPSON 4. RICK IRVING 5. LUXE SALON, L.L.c. 6. TODAY'S HOMES, INC. 7. WELDENFIELD OF VIRGINIA, L.L.c. - 28 - ITEM 57606 'I I I STREET CLOSURE EXTENSION FOR COMPLIANCE VARIANCE CONDITONAL CHANGE OF ZONING CONDITIONAL USE PERMITS CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT AMENDMENT OF A PD-H PLAN (PD-H Plan approvedMay 11,1999 and Modifications approved on June 26, 2001 and November 23, 2004- Baymark Construction and Baymark Golf) CONDIITIONAL CHANGE OF ZONING May 13, 2008 II I I - 29- Item V-K. ITEM 57607 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Villanueva, City Council APPROVED IN ONE MOTION, Item 1 (extended time 8121/08), 3alble/dle, 4, 5 and 6 of the PLANNING BY CONSENT AGENDA Item K.1. Connie One, L.L.c. Street, compliance of conditions was EXTENDED to August 21, 2008. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Councilman Wood ABSTAINED on Item K.1 (CONNIE ONE, LLC). Councilman Wood DISCLOSED and ABSTAINED Pursuant to Section 2.2-3115(E), Code of Virginia, and declared he is a member of Connie One, L.L.c., which is located at 208 Ash Avenue, Suite 101, Virginia Beach, Virginia 23452, and has a personal interest in the corporation. Councilman Wood's correspondence of May 13, 2008, is hereby made a part of the record. May 13, 2008 I I - 30 - Item V-K 1. ITEM 57608 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Villanueva, City Council EXTENDED COMPLIANCE to August 21, 2008, upon application of CONNIE ONE, L.L.c., to satisfy conditions re the discontinuance, abandonment and closure of a portion of Connie Lane (approved by City Council on May 22, 2007). Ordinance upon application of Connie One, L.L.c., a Virginia Liablity Company, in the matter of closing, vacating and discontinuing a portion of that certain street known as "Connie Lane - var. width r/w" as shown on that certain plat entitled "exhibit plat proposed street closure of a portion of Connie Lane Virginia Beach, Virginia" DISTRICT 4 - BAYSIDE AND DISTRICT 2 - KEMPSVILLE Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: James L. Wood Council Members Absent: None Councilman Wood ABSTAINED on Item K.1 (CONNIE ONE, LLC). Councilman Wood DISCLOSED and ABSTAINED Pursuant to Section 2.2-3115(E), Code of Virginia, and declared he is a member of Connie One, L.L.c., which is located at 208 Ash Avenue, Suite 101, Virginia Beach. Virginia 23452, and has a personal interest in the corporation. Councilman Wood's correspondence of May 13, 2008, is hereby made a part of the record. May 13, 2008 I I City e>f Virgi:r1ia. Bea.ch JAMES L. WOOD COUNCILMAN - DISTRICT 5 - L YNNHAVEN PHONE: FAX: (757) 340-8411 (757) 340-2082 In Reply Refer to 0036025 May 13,2008 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(E), Code of Virginia, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Connie One, L.L.C. for an extension of time to satisfy conditions regarding the discontinuance, abandonment and closure of a portion of Connie Lane. 2. I am a member of Connie One, L.L.c., which is located at 208 Ash Avenue, Suite 101, Virginia Beach, Va. 23452, and I have a personal interest in the corporation. 3. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 3778 PRINCE ANDREW LANE. VIRGINIA BEACH, VA 23452 Mrs. Ruth Hodges Fraser -2- Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia Thank you for your assistance in this matter. JL W /RRI I I May 13,2008 ,I I I 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING CONDITIONS IN THE MATTER OF 3 CLOSING, VACATING AND DISCONTINUING A 4 PORTION OF THAT CERTAIN STREET KNOWN AS 5 "CONNIE LANE - VAR. WIDTH R1W" AS SHOWN 6 ON THAT CERTAIN PLAT ENTITLED "EXHIBIT 7 PLAT PROPOSED STREET CLOSURE OF A 8 PORTION OF CONNIE LANE VIRGINIA BEACH, 9 VIRGINIA" 10 11 WHEREAS, on May 22, 2007, the Council of the City of Virginia Beach 12 acted upon the application of Connie One, LLC, a Virginia limited liability company for 13 the closure of a portion of Connie Lane as shown on Exhibit "A"; 14 15 WHEREAS, on May 22, 2007 the Council adopted an Ordinance to close 16 the aforesaid street, subject to certain conditions being met on or before May 21, 2008; 17 and 18 19 WHEREAS, on April 18, 2008, the applicant requested an extension of 20 time to satisfy the conditions attached to the aforesaid street closure. 21 22 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 23 Virginia Beach, Virginia: 24 25 That the date for meeting conditions of closure as stated in the Ordinance 26 adopted on May 22, 2007, upon application of Connie One, LLC, a Virginia limited 27 liability company, is extended to August 21, 2008. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia, on this 30 1 3thday of May ,2008. 31 32 GPIN: 1468-50-3176, 1468-50-4334, 1468-50-4484, 1468-50-5086, 1468-50-7212, 33 1467-59-9982 and 1467-79-2977 34 35 36 CA-10575 V:lapplicationslcitylawprodlcycom32lWpdocslD029lP003100055586. 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Z705, p. 1373) ~ Nl /'lId CONNIE ONE, LLC Agenda Item 13 April 11, 2006 Public Hearing Staff Planner: Faith Christie REQUEST: Discontinuance. closure and abandonment of a portion of Connie Lane. " I i ADDRESS I DESCRIPTION: Property beginning on the east side of Connie Way to the west side of Baker Road. COUNCIL ELECTION DISTRICT: 2 - KEMPSVILLE and 4 - BAYSIDE SITE SIZE: 33,541 square feet (0.77 acre) SUMMARY OF REQUEST The applicant requests the discontinuance, closure and abandonment of a portion of Connie Lane for its incorporation into a proposed multi-family dwelling project. EXISTING LAND USE: Undeveloped right-of-way SURROUNDING LAND USE AND ZONING: North: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: LAND USE AND ZONING INFORMATION . Vacant parcel / R-7.5 Residential . Automotive repair and junkyard / 1-1 Light Industrial . Baker Road . Connie Lane and Connie Way There are no natural resources or cultural features to speak of existing on the site. A portion of the site is partially treed with underbrush, and the balance of the site is currently being used as a bulk storage yard for CONNIE ONE / Street Closure Agenda Item 13 Page 1 I I the automobile repair facility. .. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Baker Road is a two-lane undivided minor arterial roadway that currently dead-ends just east of Connie Lane. The Baker Road Extended roadway improvements project will extend Baker Road east to Witchduck Road. The project is scheduled to be completed in the spring of 2007. There is an existing house that fronts on and has a driveway from the piece of Connie Lane at Connie Way that the applicant has applied to have vacated. The Applicant must include provisions in the right- of-way closure application to provide this property access to a public roadway. Associated with the above comment, the Applicant will be responsible for roadway modifications at the Connie Lane and Connie Way intersection so that the current "T" intersection becomes a gO-degree roadway bend if the right-of-way closure is approved by the City of Virginia Beach. WATER: There is an 8-inch City water main on Connie Lane, and an existing 6-inch water main on Connie Way, located within the proposed street closure, which will require dedication of a 30-foot wide public utility easement centered over the waterline. In addition, an all-weather access will be required within the easement There shall be no encroachments (structures and parking permitted) within the easement. SEWER: There is an 8-inch City sanitary sewer gravity main on Connie Way and existing 10-inch City sanitary sewer gravity main on Connie Lane, continuing through a 35-foot wide public utility easement to Aylesbury Drive. PRIVATE UTILITIES: Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Evaluation: The Viewers met and determined there will be no public inconvenience if the street is closed provided the applicant records the necessary easements for the City of Virginia Beach Public Utilities Department. CONNIE ONE / Street Closure Agenda Item 13 Page 2 I I Staff concludes closure of the right-of-way, to be incorporated into the proposed multi-family project, is acceptable with the conditions below. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall provide all the required easements requested by the City of Virginia Beach Public Utilities Department. 4. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 5. The applicant shall provide access for the single-family dwelling directly north of the proposed right-of- way closure. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CONNIE ONE I Street Closure Agenda Item 13 Page 3 'I I AERIAL OF SITE LOCATION CONNIE ONE / Street Closure Agenda Item 13 Page 4 ~~ 21< ~~ ,....2..'3 ~~-;; P ~~~ z Q;ll~ l"'l "1;5 ~ ~"1; ~ Q,.I'-' ~ 'il~ .,- ~J 3S~ ~i~ l~~ ~ ~ ~..; '" "" ~ Il" B~ ~~ ~~ \\ zl;i ~ -- ~ .-< C H o ..--- ~t~ ~do~ p.., C,t5 ~ ~~~~ ~ tr;?i: ~B"" "'~ ~oO \I4g U n. .~ ~ 'i:. ~c>~ I'-I" '2'.~g ," r.D Jj () <l.l0) ~p. ~ ifl ~ ~ 1 3 '" \:\ ~i:3 ~ '8 ~ ::. j i ~ ~ ~ .un ~ ,~Z'50Z. !;\. ..' .~~~;~s~~'> :.'" "'i t;o ~~? r" ot<, ~ iii"" ' _~N ~~~.l~i~!:l l:l~N~,a'i \~\li!~~ ~ 'i~~~ ,~'9IH (M/,,,'lIt.g'a) / ao:S~f~ :3$ .OZ / "." . ~~1 ,,~~ ~~i~ -~~ + ~S~ ~~~ ~..~-;;- it,.: ~~l~ ~~~~ NOWSOd JQ jf)O (JXlNOO Nll'lld G ~ ~ ~ --g ~'" b\';\'" ~~ ~~\ 11i ~ 'i~ 2 in.. ~o:ia:l~MO w \i.e.",,,;:; IX ~ '-....~ :"~~ 0" ,~!n r"Et't.srN oZ,rwl('/'I ~arr:..~: }II:lI'!W"~.n ,tog'tiS 3.0Z,\:\.9tH coNNIE TrAY - 50' 1I1DTB R/1f \ \ UMI. nO', ,. J375) ?\,,}' HI Nld ~.'\. 41",,," ,,/ )- ~ ;C'n l~~:~ ~8~r-:\ ~Q::.i~~ "l;g:: ~~<x:e..~ SURVEY OF AREA TO BE CLOSED - - CONN\E ONE I Street C\O$ure Agenda \tem 13 Page 5 II I I , . Ma~~rt ~~cale Connie One. LLC ~2;-t/lDJj< J;,~~M~~.~jP 1, ~,llY~~ < Q ~A '0. () o (j9:QO C?; e ~X! f/ ~C!:J~'f/lJ:I' ~ 1'OfA '-JJ ~" ()-1.5 ~D 91 .' ". Ff?A~~~~fi~ '/. ~ 1 f'. ':J, lj ,g '-: f...!? , f:!E l1.1 ~ ~'4f2,~ :;;; fJ ~" $ /$) 99~ ~ 0& $; ~1{' ~k: ~~~~ ~~~ · .5 f/:? DIJ <::J 1$0 '. <Do,\) <:0 ~~ .' t5?' tA R-].5 Ci sl~~~ ., -""1ml!~ ;,,~ 01. 00. ~~" -!!!Iii. ~~"~~~~~QS5 ~~~ 0~3J'<~~ Do. ~) ;---Z~l<l~ /l rrtf~ Wi AI VI. -) 0 ~ ~\ ~~ -....::~v!J6iih ARK 3 ~ ~ f] J ~ "d, 4 ~II ~ 'U ~I/;,!:$ 0 ~Vl.fl.{ lTn~ 'fj.'1fj, J 'l MA CLUSTER . ~,. a~ " hW " "~~n~~: :~' . " ~ ,~9 R-7.5 )~2 J. rn 1/ /11M rf lIJ ,J;-"V ~ ~ - 11 h rr [ ~ ~ 1/ r4/ If ,,,WA l!ff!r, '1// t; ~_? Street Closure 1. 10/11/66 Rezoning (R-S 4 Residence Suburban to M-I 3 General Industrial) Approved Conditional Use Permit (Bulk Storage / Contractor Storage Yard) 5/21/79 Denied 2. 9/22/92 Reconsideration of Conditions (Subdivision Variance) Approved 12/18/90 Subdivision Variance Approved 3. 9/28/99 Street Closure Approved 2/9/99 Rezoning (R-7.5 Residential to A-12 Apartment with a PD-H2 Planned Approved Unit Overlay) 4. 1/26/99 Rezoning (R-7.5 Residential and A-12 Apartment to Conditional A-12 Approved Apartment) 6/2/92 Conditional Use Permit (Recreational Facility) Denied 5. 5/8/01 Conditional Use Permit (Church) Denied 10/23/90 Conditional Use Permit (Church) Denied ZONING HISTORY CONNIE ONE / Street Closure Agenda Item 13 Page 6 'I I NOI~ V3I'lddV 3HflSO'l3 ~33H~S~ ~ ! ,,=1 ,~i "'I ~I NOI~ V3I'lddV 3HGSO'l3 ~:El:ElHlS >, ~ ~ !- Z ;.:.1 :;; ;.:.1 '"' < '"' :.n ;.w ::lI: ;;;;l ~ o ...l U ~ Q "r ~ Q - " Q~ ~ d: E ~ ~ 7'- & ~:t~ ::: ~ .,", :6 :!: c ,~ :::. ~ :;.. 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" Z 1: c ! ;:! .....-:::: r;: .::) :.1 := ~ r~ ~l i2 ..i--.::..o -;; ~ a g .. ~ ~ !- '';:: ';It{''] :.. ::.: "" ." r: t .. ~ i- _ ~ .. ~. ~ ... g ~ f' t ~~b~S ~ Il!i ".~=_:~-_=-t: _ _ L '1l ~ ~. ~ ~ ~ .~ f~ .c- "'" ~ ~ ~:: e. ;; B j-E. ~ ~ .oc;:, ':) '";-5 ~~ 7. c.. il -'''-~ ~j Lt ;; " 13' ~ 'j ~ 'J " -'" /" " ~ ~ c. ~ ~ ;: R 12 r! ~ '..i " fo- ;:: ~ ~ ~ ~ t; <:: ~ " 'j -5 ~ ~ ? j --g al " ~ " " ~. -- c. 5 4 c ;;:: ;... ~., ~ ,~ 8 '- ~ ~ 'J ..e - l' := ~ c. I ~ :...- ~ j: ~ ~ ;l:'" ~x!~ ] ~ ~~. ~ ::S j:::; ~ " ~ ~ ;.~ 1: :tJ '.I !:::' r:.- D ~ e ~ t ~ 5 ~~ ~ " . '" , it ,., '" " Of, o oj CONNIE ONE / Street Closure Agenda Item 13 Page 7 I I ' Item #13 & 14 Connie One, L.L.C. Discontinuance, closure and abandonment of a portion of Connie Lane beginning on the east side of Connie Way To the west side of Baker Road Change of Zoning District Classification North side of Connie Lane, approximately 124.18 feet east of Connie Way and on the south side of Connie Lane at its Intersection with Baker Road District 4/District 2 Bayside/Kempsville April 11, 2006 REGULAR Barry Knight: Mr. Secretary, the next item to be heard? Joseph Strange: The next application is item 13 & 14, Connie One, L.L.C. An application of Connie One, L.L.c. for the discontinuance, closure and abandonment of a portion of Connie Lane beginning on the east side of Connie Way to the west side of Baker Road, and an application of Connie One, L.L.c. for a Change of Zoning District Classification from R-7.5 Residential District and I-I Light Industrial District to Conditional A -12 Apartment District on property located on the north side of Connie Lane, approximately 124.18 feet east of Connie Way and on the south side of Connie Lane at its intersection with Baker Road, District 4, Bayside, District 2, Kempsville with four proffers. Barry Knight: Welcome R.J. RJ. Nutter: Thank you very much. Mr. Chairman, for the record, my name is R.J. Nutter representing the applicant Connie One. Maybe I can speed things up for you in that this was on your consent agenda earlier. It was pulled from consent because there was a gentleman inside the adjacent neighborhood, Mr. Kirk Lee. But he is known as Mr. Kirk, but he could not stay. We did meet with him, and I would relay the issues that he raised, and at the end ofthe presentation to him he said he had no objection to the application. But I did want to let you know a little bit about what his concerns were so you will understand how he felt about his obligation. He had really two principal questions. Could I go to the overall aerial? This is fine right here. Mr. Kirk lives right in this property right here (pointing to PowerPoint). We had met with the civic league, in this case the Newsome Farms Civic League on two occasions. Actually last summer and last fall. We made the presentation on the application, and the neighborhood had endorsed this plan that we presented to you. Since that time, a couple of months ago, the members ofthe Newsome Farms Civic League had heard that a church may own this property, and because the neighborhood had supported that church they wanted to make sure that this somehow was not undermining the church's position. So, we got to them and told them I I that in fact that we actually purchased this property several years ago from the church. The church was no longer involved, and so that the plan we presented to them was the same plan that we were proposing today. He felt very comfortable with that position. The second question he had was that he wanted to make sure that we were closing all of Connie Lane. As you may know, staff recommended approval of that, but we went to the civic league meeting, or the association of the civic leagues, who this parcel belongs, I will tell you that the closure of that street is a much bigger significance to them then the technical closure which we often treat these things. The neighborhood was very concern that if Connie Lane, which the improvements end with this cul-de-sac, it is a paper street down to Baker Road. Their concern was that if this street were ever constructed or required by the ordinance that Connie Lane would be a through lane for people to avoid Baker Road, and go to this portion of Baker Road and cut right through the neighborhood and go through there. That was a huge concern to the residents. The reason why they had supported the church is because the church was going to build a building that was going to block that street, and they wanted to make sure that was going to continue to be the case. So, they know now. This closure will take place from Connie Way all the way down. We will not have access from this development onto Connie Lane, and while we're closing all of this portion, we will actually be conveying one half of the street to her. Actually it is being given to her, and in turn we will be building a new driveway so that her driveway will come right in here. It is slightly modified. But the owners of this property will be doing that in the course oftheir development so they were very, very happy with that. So, I promised Mr. Kirk that I would relay those concerns to you and let you readdress them. But otherwise, I think we come with staff recommendation and the civic association is in favor, as well as the North West Beach Partnership, which is the coalition that area. But, Mr. Knight, I will try to be brief, and end it right there. Barry Knight: We appreciate it. Are there any questions for Mr. Nutter? Okay. Thank you. Mr. Strange, just for the record, will you call the first speaker? Joseph Strange: Speaking in opposition we have Gary Galumbeck. Gary Galumbeck: I'm sorry. I beg your pardon. Barry Knight: Welcome sir. Gary Ga1umbeck: Good afternoon ladies and gentlemen. Thank you for hearing me. My name is Gary Galumbeck. I represent Charter Lakes Condominium Association. Weare actually sandwiched between this proposed development and Baker Road. Barry Knight: Would you use the pointer please sir? Gary Galumbeck: This is actually our spot here. Barry Knight: Okay. " I I Gary Ga1umbeck: Speaking for the association. A few years back when Baker Road extension was opened with the new development east of us, there was an increase in traffic, increase in noise, increase in crime. A lot of that came down Baker Road from the Newpoint Community and the Lake Edwards community, which was represented here earlier when we were discussing. Our concerns are not only about the noise and the crime, and the traffic, but that the apartments are going to bring an unwanted element to our little community. We're very concerned. There is a lot of affordable housing in the area. There are vacancies in the apartments. There are condominiums and townhouses, as well as single-family homes all around our community that are vacant, and currently under construction. So, there is not a need for this community. Also, if you look, I believe that is the copy of the survey, off of page 5. We feel that this portion right here (pointing to PowerPoint) I believe to be exact is the southeast terminus of where Connie Lane intersects with Baker Road is actually our property. And by looking at the plat, there is a square portion that says, "is now or formerly owned by Providence Development Corporation." There is a driveway there that would be the entrance to this community. I believe it is our property. Barry Knight: Is there anything else? Gary Galumbeck: No sir. Barry Knight: Okay. Are there any questions? Gary Ga1umbeck: Yes ma'am? Kathy Katsias: These condominiums are for sale. They are between $200 - $300 thousand dollars. Gary Galumbeck: Yes ma'am. Some of them are on the lesser side. There are townhouses to the east of us actually just on the other side of Baker Road that are in the low hundreds. Kathy Katsias: That was not my understanding. I thought they were going to start at $200,000? Gary Galumbeck: You're talking about this new community? Kathy Katsias: Yes, this new development. Gary Galumbeck: I'm not aware ofthe pricing on that. Kathy Katsaias: Isn't that a street closure, so there is not going to be any access. Gary Galumbeck: If they close Connie the access would be from Baker Road. ,i I Kathy Katsias: From Connie Lane. Right? Barry Knight: It's from Baker. Mr. Nutter is going to address that when he comes back. Okay. Ms. Anderson? Janice Anderson: So, this residential development behind your development, you are worried it is going to increase crime? Gary Ga1umbeck: Well, with apartments coming in, we feel it would bring noise, which would be a major concern, as well as excessive traffic. Janice Anderson: More than the industrial site behind you? Gary Galumbeck: Well, basically, it is vacant. It was used as a storage facility for automotive repair facility had been there for years and years. Janice Anderson: Okay. I thought it was active. Gary Galumbeck: No ma'am. Janice Anderson: Okay. I think these are for sale? Is that correct? Right. Gary Ga1umbeck: The apartments are not for sale. Janice Anderson: There are four units in each building, I believe, and I believe they are for sale. Like Ms. Katsias said, they are going to sell for $200 - 300 thousand dollars. Were you aware of that? Gary Ga1umbeck: No ma'am. We were told that there would be a mixture of rental units, as well as units for sale. Janice Anderson: Okay. My understanding about the application, and I'm sure Mr. Nutter will go over with you. It is one type of product that they're proposing right now. Gary Galumbeck: Okay. Janice Anderson: Okay? Gary Galumbeck: Thank you for clearing that up. Barry Knight: Are there any other questions? Thank you sir. Gary Ga1umbeck: Thank you. Joseph Strange: There are no other speakers. 'I I Barry Knight: Mr. Nutter? You've heard a couple of questions? RJ. Nutter: Yes, I sure have. Let me try to address them for you. First, this is not an apartment complex. Maybe he is confused with the "A" designation for the zoning characterization. But, these are condominiums. They are for sale units. We anticipate their price being between $200 - $300 thousand dollars, which is right in line. We checked with the housing prices of the units around us and they are right in line with those, and as far as access, and what we did do, and as I told you. It is a major concern to the civic association in the area not to have Connie Lane extended, and so we have not provided access for our property by Connie Lane. Our access way will be here (pointing to PowerPoint) off of Baker Road. The reason why this application took so long to get to you quite frankly, and remember I told you that we met with the civic association during the late summer and fall oflast year, was because of the enormous amount of issues we had to face and get approval from all of the properties to make sure. There were a small series of rental properties. I can tell you that we filed certificates with the City Treasurer's office indicating that we own all of the property in the confines of this area, or have it under contract. So, the access way that you see here, we just indicated, and we believe frankly that this complex that is in here, which is very nice as well, quite frankly, this area is in very serious problem. Those who of you went on the van trip know that very well. There is actually people living there, in the school buses. A gentleman has been living in a school bus for 17 years. This property owner, my client had to locate and purchased a mobile home to get them out of this property. There is a small business there. It does continue to operate. You may not see it as much but the residents of Newsome Farms see it everyday. They don't like it very much. So, we feel we are bringing in some substantial improvement to the property. I'm happy to tell you that the possible reception of the people behind the junkyard, we think it is pretty much unanimous. So, we would as for your endorsement. It is a very nice product. It is keeping with the area. They are for sale units as we indicated. Barry Knight: Thank you. Are there any questions for Mr. Nutter? Okay. Okay, Mr. Bayside and Mr. Kempsville? It is in your districts. What's your pleasure? Henry Livas: I would move that we approve it. Barry Knight: Okay. David Redmond: I'll second it. Barry Knight: Okay. There is a motion on the table to approve agenda item 13 & 14. A motion made by Henry Livas and seconded by David Redmond. Is there any discussion? Mr. Redmond? David Redmond: I just want to make the point. I think the one speaker that was verbal mentioned the amount of new development in this neck of our woods. This is part of our city that has not always enjoyed the greatest fortune, in some ways. There has however, I ,I I in recent years, I think, has been a real refreshing interest and improvement in housing stock. In this case, there is only what can be described, in my view as a junkyard on the site. And, this project promises, not only to eliminate that, but to continue to contribute, I think to improving the housing stock in this part of Virginia Beach. Not only would I not want to get in the way of that, I would actively encourage it to the greatest extent that we can. When you drive up and down there, it is making a real difference in the appearance of that neighborhood, and ultimately it is going to make a real difference in retail, in the office, and all of the things that give any community life. So, I wholeheartedly support this application. I think it is unquestionably an improvement. And, I look forward to supporting it. Barry Knight: Thank you Mr. Redmond. Is there any other discussion? There is a motion on the floor. We'll call for the question. AYE 9 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY HORSLEY AYE KA TSIAS AYE KNIGHT AYE LIV AS AYE REDMOND AYE STRANGE AYE WOOD ABSENT 2 ABSENT ABSENT Ed Weeden: By a vote of9-0, the Board has approved the applications of Connie One, L.L.C. Barry Knight: Thank you. I I ' CONNIE ONE ,/ """,,-: I / A-12 I' [3] ". Kempsville District Relevant Information: · Applicant requests closure of this portion of Connie Lane for the purpose of developing a multi-family condo project. · City Council approved this project on May 22,2007, with a condition that the closure be finalized by May 22, 2008. The applicant has not met all the requirements for finalizing the closure; thus, an extension of 90 days is requested to August 21, 2008. · AICUZ is Less than 65. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (9-0) · No opposition. I I - 31 - Item V-K. 2. ITEM 57609 PLANNING Attorney R. Edward Bourdon, Jr. Pembroke Office Park - Building One, 281 Independence Boulevard, Phone: 499-8971, represented the applicant. This request (with a different site plan) was heard and DENIED by the Virginia Beach City Council on June 13, 2006. Attorney Burdon advised of very productive meetings with the adjoining property owners. The site is encumbered with both the 70-75 dB Ldn and the 65-70 dB Ldn Air Installation Compatible Use Zone (AICUZ). The applicant and engineers are totally aware of the dejiciencies existing in engineering in both Pine Ridge and Lake Placid subdivisions (whose homes were built below the actual flood plain elevations). The applicant has completed a comprehensive Stormwater Management study and analysis of the entire area in advance of moving forward with the zoning application. City staff has reviewed the study. Over 2,205 cubic feet of flood retention capacity will be added. There will be jive (5) stormwater retention ponds on the site. The site will be developed with 132- single-family dwellings all within the 65-70 dB noise zone. Pine Ridge, Hunt Club and White Pine Farm do not have any stormwater retention ponds. Over 'half of the developable area on this site will be open space. In addition, 39 acres are being dedicated to the City for the West Neck Creek Lanier Park. Joe Bushey, Clark Nexsen, Project Engineer, resident of Castleton, advised the use of the Stormwater Management Pond will work to eleviate the problem of flooding by providing a means of storing the stormwater and takes into consideration the downstream water surface elevation. The applicants have been working closely with the City to determine this elevation. Mr. Bushey is conjident a system would be designed that will function properly and not cause any problems within this or the surrounding communities. The following registered in OPPOSITION: Jack Reich, 2540 Piney Bark Drive, Phone; 403-6170, expressed concern re flooding. Nothing has been done in his neighborhood to alleviate these issues. Four (4) other neighborhoods are draining into the creek behind his house. Mr. Reich noted a serious blockage. Mark Johnson, Public Works - Engineering, advised working extensively with Castleton in resolving flooding issues and will work with the Planning Department to provide technical assistance re this application. Council Lady Henley needs assurances that granting the flood plain variances will not be detrimental to other properties within the vicinity. Neighboring subdivisions have expressed concern developing this property will have detrimental impacts on their properties. The applicant is fully aware the number of lots may be reduced. Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of ALCAR, L.L.c., re 132 single-family dwellings at Nimmo Parkway and Rockingchair Lane for a Variance to ~4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) and a Conditional Change of Zoning: Application of ALCAR, L.L.c. for a Variance to Section 5B of the site Plan Ordinance, Floodplain Regulations. Property located on the north side of Nimmo Parkway, approximately 910 feet west of Rockingchair Lane (GPINs 2404573796,' 2404564943,' 2404371633). DISTRICT 7 - PRINCESS ANNE May 13, 2008 I I - 32 - Item V-K. 2. ITEM 57609 (Continued) PLANNING AND, ORDINANCE UPON APPLICATION OF ALCAR, L.L.C FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-l AND AG-2 AGRICULTURAL DISTRICTS TO CONDITIONAL R-7.5 RESIDENTIAL DISTRICT Z05081212 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ALCAR, L.L.C for a Change of Zoninf! District Classification from AG-l and AG-2 Agricultural Districts to Conditional R-7.5 Residential District.. Property located on the north side of Nimmo Parkway, approximately 910 feet west of Rockingchair Lane (GPINs 2404573796; 2404564943; 2404371633). DISTRICT 7 - PRINCESS ANNE The following condition shall be required: 1, An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. Council Ladv Henlev added the condition: the Public Works Devartment review the storm water vroposal before avvroval. 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 Thirteenth of May Two Thousand Eight Voting: 10-1 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Mayor Meyera E. Oberndorf Council Members Absent: None May 13, 2008 I I CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6761 FROM: DATE: April 30, 2008 ~ L. Lille~ DEPT: City Attorney B. Kay Wilso DEPT: City Attorney TO: RE: Conditional Zoning Application; Alcar, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 13, 2008. I have reviewed the subject proffer agreement, dated May 1, 2007 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/bm Enclosure cc: Ka~ Hassen I I I ALCAR, L.L.C., a Virginia limited liability company JAMAST, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CI1Y OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 1st day of May, 2007, by and between ALCAR, L.L.C., a Virginia limited liability company, Grantor, party of the first part; JAMAST, INC., a Virginia corporation, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of a certain parcel of property located in the Princess Anne District of the City of VIrginia Beach, Virginia, containing approximately 48.27 acres and described as "Parcel One" in Exhibit "A" attached hereto and incorporated herein by this reference, which parcel, along with Parcel "Two" and "Three" is herein referred to as the "Property"; and WHEREAS, the party of the second part is the owner of three (3) certain parcels of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 112.3 acres and described as "Parcel One", "Parcel Two" and "Parcel Three" in Exhibit "A" attached hereto and incorporated herein by this reference, which parcels are herein referred to as the "Property"; and WHEREAS, the party of the first part is the contract purchaser of the Property and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from AG-1 and AG-2 to Conditional R-7.5 Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and PREPARED BY: GPIN: 2404-37-1633 I. : SYUS. ROURDON. 2404-57-3796 - AHrRN & liVY. P.c. 2404-56-4943 (Portion of) 1 PREPARED BY: fd SillS. 1l0URDON. II AllrnN & LM. P.c. I'I I WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for i the protection of the community that are not generally applicable to land similarly zoned are needed to cope \\lith the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-7.5 Zoning District by the existing overall Zoning Ordinance, the follo\\ling reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and \\lithout any requirement by or exaction from the Grantee or its governing body and \\lithout any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the follo\\ling declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running \\lith the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title and which \\lill not be required of the Grantors until the Property is developed: 1. When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community substantially in conformance \\lith the Exhibit entitled "CONCEPTUAL SUBDMSION PLAN OF NIMMOS QUAY IN VIRGINIA BEACH, VIRGINIA", dated April 23, 2007, prepared by Clark- N exsen, which has been exhibited to the Virginia Beach City Council and is on file \\lith the Virginia Beach Department of Planning ("Concept Plan"). 2. When the Property is developed, approximately 164 acres of open space, recreation areas, and parks as depicted on the Concept Plan shall be dedicated to and 2 PREPARED BY: SIB SYil:S. ROURDON. ~I AlIrnN & lIVY. P.C I I maintained by the Property Owners Association. When the Property is developed, playground equipment and neighborhood park improvements meeting the City's Department of Parks and Recreation Standards shall be installed in the two (2) areas designated "PARK" on the Concept Plan. 3. When the Property is developed, approximately 39 acres of land designated as "Conservation Area" on the Concept Plan shall be dedicated to the City of Virginia Beach for inclusion in the West Neck Creek Linear Park. 4. When the Property is subdivided, it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Homeowners Association, to which membership by all residential units is mandatory, which shall, among other things maintain the Open Space areas. 5. When the Property is developed, as depicted on the Concept Plan, no residential dwellings will be constructed within that portion of the Property lying in the 70-75 dB DNL noise zone. 6. All residential dwellings constructed on the Property shall incorporate architectural features, design elements and high quality building materials substantially similar in quality to those depicted on the five (5) photographs labeled "Typical Home Elevations AT NIMMOS QUAY" dated December 12, 2002 which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. Anyone story dwelling shall contain no less than 2000 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2400 square feet of enclosed living area excluding garage area. The front yard and both side yards, back to the rear corners of each dwelling shall be sodded when the dwelling is constructed. The Deed Restrictions shall require each dwelling to have, at a minimum, a two (2) car garage. 7. When the Property is developed, Grantors shall construct a two lane section of Nimmo Parkway Phase V-A CIP 2-121, VDOT UPC 52058 in accordance with the Virginia Department of Transportation construction plans for UPC 52058 Nimmo Parkway Phase V-A, within the existing Nimmo Parkway public right of way extending east approximately 2560i: feet from the entrance to the subdivision to connect with the existing improved Nimmo Parkway road section. These improvements shall include pavement, curb and gutter, storm sewer facilities, utility adjustments/relocations and street lights related to the two (2) lanes, as well as a right turn lane at the entrance to Nimmo's Quay 3 ;:- I I utilizing any of the Property and any public right of way provided. However, if the Grantee elects to construct the extension and improvements to Seaboard Road from Princess Anne Road to the future Nimmo Parkway as provided in CIP 2-107, in advance of the construction of Nimmo Parkway and will permit development of Nimmo's Quay to utilize the improved Seaboard Road as its interim access when the Property is developed, the Grantor shall reimburse the Grantee for any additional costs and expenses incurred for right of way improvements at the intersection of Seaboard Road and Princess Anne Road, including any additional right of way acquisition costs, needed to accommodate the traffic generated by Nimmo's Quay using the improved Seaboard Road as its access. Unless and until Seaboard Road is substantially improved as provided in C.I.P. 2-107, it shall not be utilized as access to the Property by trucks or other heavy equipment associated with the development of Nimmo's Quay. 8. When the Property is developed, the party of the first part shall extend public utilities, to serve the subdivision, including possible construction of an off-site sewage pump station. 9. Further conditions may be required by the Grantee during detailed Site Plan and/ or Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the R-7.5 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit PREPARED BY: Court of the City of Virginia Beach, Virginia, and executed by the record owner of the 113 sms. ROURDON. Property at the time of recordation of such instrument, provided that said instrument is D AHrnN & lEVY. P.c. consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a 4 PREPARED BY: o swrs. ROURDON. II AHtRN & UVY. P.c. I I I resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (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 and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 5 PREPARED BY: m svn:s. ROURDON. D AHr.RN & LM. P.c. II WITNESS the following signature and seal: Grantor: ALCAR, L.L.C., a Vir inia limited liability company By: (SEAL) Alan S. Resh, Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 4th day of May, 2007, by Alan S. Resh, Member of ALCAR, L.L.C., a Virginia limited liability company, Grantor. ~&i;@Y(1t&M Not ry PublIc My Commission Expires: August 31, 2010 Notary Registration No.: 192628 6 PREPARED BY: [;.] ~YKfS. ROURDON. II 'lliillN & 1M. P.c. I I ' WITNESS the following signature and seal: Grantor: Jarn~orporation By: ~ an S. Resh, Vice President (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 7th day of May, 2007, by Alan S. Resh, Vice President of Jamast, Inc., a Virginia corporation, Grantor. ~.,/* ~/(/l/Yle[Mi:& Notary Public My Commission Expires: August 31, 2010 Notary ~egistration No.: 192628 7 PREPARED BY: lID svn:s. ROURDON. o A1IrnN & liVY. P.C I I I EXHIBIT "A" PARCEL ONE: That certain tract or parcel of land containing 50.955 acres, more or less, being bounded on the North by the property now or formerly belonging to the Marie E. Bratten Estate and T.C.C. Development Co., on the East by the property now or formerly belonging to Harry L. Van Note and Mabel G. Van Note, and being bounded on the South by the property now or formerly belonging to Willis Brown and being bounded on the West by the property now or formerly belonging to Maury F. Riganto and Grace T. Riganto, and being further described as follows: BEGINNING at a 21-inch cypress located at a common corner between the property now or formerly belonging to the Marie E. Bratten Estate and Maury F. Riganto and Grace T. Riganto, and running thence North 74 degrees 33 minutes 02 seconds East 293.92 feet to a pipe, North 74 degrees 37 minutes 41 seconds East 199.08 feet to an iron pipe, North 74 degrees 17 minutes 28 seconds East 460-48 feet to an iron pipe, North 74 degrees 17 minutes 40 seconds East 618.23 feet to a pipe, North 75 degrees 32 minutes 21 seconds East 1,900.72 feet to a pipe, and North 74 degrees 06 minutes 46 seconds East 135.60 feet to an iron pipe in the centerline of a ditch, thence turning and running South 47 degrees 11 minutes 44 seconds East 86.92 feet to an iron pipe in the centerline of a ditch, thence South 05 degrees 54 minutes 06 seconds East 113.50 feet to an iron pipe in the centerline of a ditch, thence South 36 degrees 49 minutes 07 seconds West 131.95 feet, thence South 20 degrees 53 minutes 54 seconds West 91.11 feet to an iron pipe in the centerline of a ditch, thence South 48 degrees 29 minutes 10 seconds West 223.72 feet to a point in the Eastern edge of Brown Town Road, thence South 11 degrees 47 minutes 07 seconds West 324.92 feet to an iron pipe in the centerline of a ditch located in the Eastern edge of the Brown Town Road, thence turning and running South 75 degrees 23 minutes 42 seconds West 1,128.71 feet to an iron pipe in the centerline of a ditch, thence South 74 degrees 39 minutes 03 seconds West 1,250.65 feet to an 18-inch maple, thence turning and running North 59 degrees 18 minutes 31 seconds West 734.65 feet to a 7-inch cypress, thence North 39 degrees 06 minutes 41 seconds West 37.22 feet to a 12-inch cypress, thence North 67 degrees 54 minutes 01 second West 281.79 feet to a 21-inch cypress, the Point of Beginning. GPIN: 2404-37-1633 PARCEL TWO: All that certain tract, piece or parcel of land, lying, being and situate in Princess Anne Borough (formerly Seaboard Magisterial District, Princess Anne County) City of Virginia Beach, Virginia, and bounded and described as follows: Beginning at a pine located at the corner of property now or formerly belonging to Brown, Roper and Wright's heirs and running thence N 11 3/4 degrees W. 2.64 chains to a pine stump; thence N 43 degrees W 1.10 chains to a pine; thence N 73 1/2 degrees W 2.87 chains to a pine stump; thence N 82 1/2 degrees W 2.45 chains to a pine stump; thence N 73 degrees W 4.06 chains to a pine; thence N 62 V2 degrees W 2.81 chains to a pine stump hole; thence N 31 1f2 degrees W 3-44 chains to a station on the south side of a ditch at the 8 PREPARED BY: D.... SYICES. QOURDON. n AlIrnN & U:VV. P.c. I I I Browntown Bridge; thence N 56 degrees E 1.44 chains to a station on the south side of a lead ditch; thence N 70 3/4 degrees E 1.54 chains to an unmarked cypress on the south side of said lead ditch; thence N 79 1/2 degrees E 2.30 chains to a station on the south side of said lead ditch; thence N 57 1/2 degrees E 4.37 chains to a station on the south side of said lead ditch; thence N 55 1/2 degrees E 1.74 chains to a station on the south side of said lead ditch; thence N 81 1f4 degrees E 3.53 chains to a station on the south side of said lead ditch; thence N 67 3/4 degrees E 1.50 chains to a station on the south side of said lead ditch; thence N 57 degrees E 1.16 chains to a station on the south side of said lead ditch; thence S 72 1/2 degrees E 2.42 chains to a stone at the corner of property now or formerly belonging to Roper's Rail Road and the property of Lamb in the line of property now or formerly belonging to Brown; thence S 14 3/4 degrees W 3.22 chains to a station in the line of said railroad; thence S 1/4 degree W 12.69 chains to a stone in the line of said railroad at the corner of property belonging to Lamb; thence S 87 1f2 degrees W .47 chains to a sweet gum; thence S 87 1/2 degrees W 1.62 chains to the point of beginning and containing 16 acres and 37 poles more or less. Excepting from the above is a parcel conveying by deed to the City of Virginia Beach, Virginia from Harry L. Van Note and Mabel G. Van Note, husband and wife, for a roadway, I said Deed being recorded in the aforesaid Clerk's Office of the Circuit Court of the City of I Virginia Beach, Virginia in Deed Book 1098, at Page 545, containing 2.690 acres, more or I less, known and designated as Parcel 008 (Courthouse-Indian River Road Extended). GPIN: 2404-56-4943 PARCEL THREE: All that certain tract, piece or parcel of land, lying in "Brown Town" in Princess Anne Borough (formerly Seaboard Magisterial District) City of Virginia Beach, Virginia, and being more particularly described as follows: Beginning at a cypress at Brown Town Bridge, and running North 44 degrees W 2.33 chains to a pine; thence N 29 degrees W 2.67 chains to a post; thence N 10 degrees W 1.89 chains to a pine; thence N 9 3/4 degrees W 2.19 chains to a pine stump; thence 6 1f4 degrees W 4.61 chains to a pine; thence N 1 1/4 degrees E 2.06 chains to a pine; thence N 34 degrees E 4-46 chains to a pine; thence N 38 1/4 degrees E 4.82 chains to an oak; thence N 58 degrees E 3.18 chains to a beech; thence N 46 1/2 degrees E 2.13 chains to a gum stump; thence N 86 3/4 degrees E 18.31 chains to a post; thence S 6 3/4 degrees E 5.81 chains on line ditch; thence S 7 3/4 W 12.17 chains to a stone on line ditch; thence along said ditch S 73 1/4 degrees W 1.43 chains; thence S 47 degrees W 2.08 chains; thence N 781/2 degrees W 1.33 chains; thence S 58 1f4 degrees W 1.23 chains; thence N 74 3/4 degrees W 2.01 chains; thence S 60 1/4 degrees W 2.06 chains; thence S 71 1/4 degrees W .76 chain; thence S 89 degrees W 3.43 chains; thence S 55 degrees W 3.86 chains; thence S 63 1/4 degrees W 2.53 chains; thence S 81 degrees W 2.65 chains; thence S 70 degrees W 2.13 chains; thence S 57 degrees W 1.07 chains to beginning, containing fifty-six acres and one rod, more or less and bounded by the lands now or formerly belonging to Willis Brown, and Boston Brown and Jno. L. Brown.i GPIN: 2404-57-3796 ConditionalRezone/ Alcar /NimmosQuay /Proffen4_ Clean Rev_1.15.oB 9 'I I i I I I - 33 - Item V-K. 3.a. ITEM 57610 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Villanueva, City Council ADOPTED Ordinance upon application of JILL C. HARRIS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF JILL C. HARRIS FOR A CONDITIONAL USE PERMIT FOR WILDLIFE REHABILITATION ON PROPERTY R050835263 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Jill C. Harris for a Conditional Use Permit for wildlife rehabilitation on property located at 1115 Little Neck Road (GP IN 1488656517). DISTRICT 5 - LYNNHA VEN The following conditions shall be required: 1. The applicant shall adhere to the standards of Section 242.3 of the City Zoning Ordinance pertaining to Home-Based Wildlife Rehabilitation Facilities. 2. The use shall be administratively reviewed in one (1) year to ensure these conditions are being met. 3. A row of evergreen shrubs, planted four (4) feet on center, shall be installed either inside or outside the existing chain linkfence, beginning at the eastern boundary of the fence and running for a minimum length of 30 feet, and from the corner of the fence to the entry gate, in an effort to further shield the cages from view from the adjacent property to the south. Said landscaping shall be depicted on a plan and submitted to the current Planning Division of the Planning Department and installed within 30 days of approval by the City Council. 4. All cages and structures shall meet the minimum zoning setbacks of five (5) feet from the side property line and five (5) feet from the rear property line. Any cages and structures not meeting this requirement at the time of City Council approval of this Use Permit shall be moved to meet the setbacks within 30 days of City Council approval. 5. A site plan depicting the location of the outdoor wildlife rehabilitation area and all conditions herein shall be submitted to the current Planning Division of the Planning Department within 30 days of City Council approval. 6. A solidfence, with a height of at least four (4) feet, shall be installed around the area identified on the site plan required in condition #5 above. Saidfence shall remain in place and in good repair as long as the Conditional Use Permit is active. 7. Any food stored outside shall be in airtight, animal proof containers, out of public view. 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 Thirteenth of May Two Thousand Eight May 13, 2008 Item V-K. 3.a. PLANNING Voting: - 34 - ITEM 57610 (Continued) 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None , I I May 13, 2008 'I I - 35 - Item V-K. 3.b. ITEM 57611 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Villanueva, City Council ADOPTED Ordinance upon application of ELYSE HERRON for a Conditional Use Permit re Wildlife Rehabilitation: ORDINANCE UPON APPLICATION OF ELYSE HERRON FOR A CONDITIONAL USE PERMIT FOR WILDLIFE REHABILITATION ON PROPERTY R050835264 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Elyse Herron for a Conditional Use Permit for wildlife rehabilitation on property located at 2255 Wake Forest Street (GPIN 1590517271). DISTRICT 5 -LYNNHAVEN The following conditions shall be required: 1. The applicant shall adhere to the standards of Section 242.3 of the City Zoning Ordinance pertaining to Home-Based Wildlife Rehabilitation Facilities. 2. The use shall be administratively reviewed in one (1) year to ensure these conditions are being met. 3. All activities relating to wildlife rehabilitation shall occur inside the dwelling. 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 Thirteenth of May Two Thousand Eight Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. OberndorJ, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2008 I I i - 36 - Item V-X 3.c. ITEM 57612 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Villanueva, City Council ADOPTED Ordinance upon application of DEBORAH C. HOOVER-POWERS for a Conditional Use Permit re Wildlife Rehabilitation: ORDINANCE UPON APPLICATION OF DEBORAH C. HOOVER- POWERS FOR A CONDITIONAL USE PERMIT FOR WILDLIFE REHABILITATION R050835265 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Deborah C. Hoover-Powers for a Conditional Use Permit for wildlife rehabilitation on property located at 3829 Amberley Forest Place (GPIN 1485175442). DISTRICT 3 - ROSE HALL The following conditions shall be required: 1. The applicant shall adhere to the standards of Section 242.3 of the City Zoning Ordinance pertaining to Home-Based Wildlife Rehabilitation Facilities. 2. The use shall be administratively reviewed in one (1) year to ensure these conditions are being met. 3. All cages and structures shall meet the minimum zoning setbacks of five (5) feet from the side property line and five (5) feet from the rear property line. Any cages and structures not meeting this requirement at the time of City Council approval of this Use Permit shall be moved to meet the setbacks within 30 days of City Council approval. 4. A site plan depicting all conditions herein shall be submitted to the current Planning Division of the Planning Department within 30 days of City Council approval. 5. The use shall be administratively reviewed in one year (1) to ensure these conditions are being followed. 6. Any food stored outside shall be in airtight, animal proof containers, out of public view. 7. The existing six (6) foot high, solid privacy fence shall remain in place and in good repair as long as the Conditional Use Permit is active. 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 Thirteenth of May Two Thousand Eight May 13, 2008 - 37 - Item V-K.3.e. ITEM 57612 (Continued) PLANNING Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Dieze!. Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None I I May 13, 2008 I I - 38 - Item V-K. 3.d. ITEM 57613 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Villanueva, City Council ADOPTED Ordinance upon application of SUZANNE MCBRIDE for a Conditional Use Permit re Wildlife Rehabilitation: ORDINANCE UPON APPLICATION OF SUZANNE MCBRIDE FOR A CONDITIONAL USE PERMIT FOR WILDLIFE REHABILITATION R050835266 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Suzanne McBride for a Conditional Use Permit for wildlife rehabilitation on property located at 5252 Pleasant Hall Court (GPIN 1466568715). DISTRICT 2 -KEMPSVILLE The following conditions shall be required: 1. The applicant shall adhere to the standards of Section 242.3 of the City Zoning Ordinance pertaining to Home-Based Wildlife Rehabilitation Facilities. 2. As the property is at the headwaters of the Elizabeth River, no cages shall be located within fifty (50) feet of the 40-foot drainage easement shown on the submitted plan entitled, "Lot 8, Block A, Subdivision of Fairfield, " dated 12/12/98, prepared by A& W Surveying & Design, Inc. Any existing cages in this area shall be relocated within the rear yard within 30 days of City Council approval to meet this condition. 3. A three-(3) foot wide by 40-foot wide (3' x 40') mulched (4 to 6 inches in depth) bed with plant material shall be installed along the southern fence line to intercept and filter stormwater from the site prior to it entering the headwaters of the Elizabeth River. 4. All cages and structures shall meet the minimum zoning setbacks of five (5) feet from the side property line and five (5) feet from the rear property line. Any cages and structures not meeting this requirement at the time of City Council approval of this Use Permit shall be moved to meet the setbacks within 30 days of City Council approval. 5. A site plan depicting consistency with all conditions herein shall be submitted to the current Planning Division of the Planning Department within 30 days of City Council approval. 6. The use shall be administratively reviewed in one (1) year to ensure these conditions are being followed. 7. Any food stored outside shall be in airtight, animal proof containers, out of public view. 8. The existing six (6) foot high, solid privacy fence shall remain in place and in good repair as long as the Conditional Use Permit is active. 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 Thirteenth of May Two Thousand Eight May 13, 2008 Item V-K. 3.d. PLANNING Voting: - 39 - ITEM 57613 (Continued) 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None i I I I May 13, 2008 , I i - 40- Item V-K.3.e. ITEM 57614 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Villanueva, City Council ADOPTED Ordinance upon application of DENISE N. THOMPSON for a Conditional Use Permit re Wildlife Rehabilitation: ORDINANCE UPON APPLICATION OF DENISE N. THOMPSON FOR A CONDITIONAL USE PERMIT FOR WILDLIFE REHABILITATION R050835267 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Denise N. Thompson for a Conditional Use Permit for wildlife rehabilitation on property located at 1617 Jack Frost Road (GPIN 1469734937). DISTRICT 4 - BAYSIDE The following conditions shall be required: 1. The applicant shall adhere to the standards of Section 242.3 of the City Zoning Ordinance pertaining to Home-Based Wildlife Rehabilitation Facilities. 2. The use shall be administratively reviewed in one(1) year to ensure these conditions are being adhered to. 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 Thirteenth of May Two Thousand Eight Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2008 I I - 41 - Item V-K4. PLANNING ITEM 57615 Upon motion by Vice Mayor Jones, seconded by Councilman Villanueva, City Council ADOPTED Ordinance upon application of RICK IRVING for a Conditional Use Permit re a residential kennel: ORDINANCE UPON APPLICATION OF RICK IRVING FOR A CONDITIONAL USE PERMIT FOR A RESIDENTIAL KENNEL R050835268 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Rick Irving for a Conditional Use Permit for a residential kennel on property located at 1908 North Muddy Creek Road (GPIN 2412094394). DISTRICT 7 -PRINCESS ANNE The following conditions shall be required: 1. No more than seven (7) adult dogs (over six months of age) shall be kept on the property at any time. No breeding. grooming or boarding of any other dogs for monetary or non-monetary purposes shall be permitted 2. Dog litter shall be picked up and disposed of on a daily basis. 3. The applicant shall maintain the dogs in a current status on any required shots and shall properly license the dogs through the City of Virginia Beach. 4. As provided for in Section 221 (i) of the City Zoning Ordinance, and based on a finding that the current location of the kennel on the parcel is compatible to existing and potential future land uses in the surrounding area, the setback of 100 feet required by Section 223 of the Zoning Ordinance is modified to fifty-five (55) feet. 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 Thirteenth of May Two Thousand Eight Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel. Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva. Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13. 2008 I I I - 42- Item V-K5. ITEM 57616 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Villanueva, City Council ADOPTED Ordinance upon application of LUXE SALON, L.L.c., for a Conditional Use Permit re a hair care center (hair, skin and nails) ORDINANCE UPON APPLICATION OF LUXE SALON, L.L.c. FOR A CONDITIONAL USE PERMIT FOR A HAIR CARE CENTER R050835269 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Luxe Salon, L.L.c. for a Conditional Use Permit for a hair care center (hair, skin and nails) on property located at 2105 McComas Way (GPIN 2414074346). DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. All applicable building permits and occupancy permits shall be obtained as required by the Building Officials Office. 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 Thirteenth of May Two Thousand Eight Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2008 " I I - 43 - Item V-K.6. ITEM 57617 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Villanueva, City Council ADOPTED Ordinance upon application of TODAY' HOMES for an Amendment of a PD-H Plan re the Villages at West Neck (PD-H Plan approved by City Council on May 11, 1999; and, Modifications approved by City Council on June 26, 2001 and November 23, 2004 - Baymark Construction Corporation and Baymark Golf, L.L.c.). ORDINANCE UPON APPLICATION OF TODAY'S HOMES, INC. FOR AN AMENDMENT OF A PD-H PLAN ON PROPERTY DESCRIBED AS LOTS 6, 9, 14, 16-18,20,22-24,26,29,30,35-37,39,40,48-89 AND 92-114 Ordinance upon application of Today 's Homes, Inc. for an Amendment of a PD-H Plan on property described as Lots 6, 9, 14, 16-18,20,22-24, 26, 29, 30, 35-37, 39, 40, 48-89 and 92-114 as shown on plat entitled "Subdivision of Village E, F. G, H and Golf Course at West Neck. City of Virginia Beach, Virginia ", recorded March 13, 2002, in Map Book 303. Page 96, and as Instrument No. 200504260060987. recorded April 26, 2006, City of Virginia Beach, Virginia, and approved by City Council on May 11, 1999, June 26, 2001 and November 23, 2004 (Baymark Construction and Baymark Golf), DISTRICT 7 - PRINCESS ANNE The applicant desires to modify the component of the Land Use Plan that regulates side yard setbacks for the single-family dwellings in Village F that are subject to this application: The Minimum Side Yard Building Setback for Residential - Single Family Detached Units contained in the Site Data and Development Criteria for The Villages at West Neck which is part of the Villages of West Neck Land Use Plan is modified and reduced from (five) "5' and (ten) 1 0' " to (five) "5'" for Lots comprising the Property. 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 Thirteenth of May Two Thousand Eight Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. OberndorJ, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 13, 2008 , I I CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7023 FROM: DATE: April 30, 2008 7~ie L. Lilley ~ DEPT: City Attorney B. Kay Wilson DEPT: City Attorney TO: RE: Conditional Zoning Application; Today Homes, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 13, 2008. I have reviewed the subject proffer agreement, dated November 26, 2007 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/bm Enclosure ce: K~ Hassen I ,I I Prepared By: Carol W. Hahn, Esquire L.M. Sandler & Sons, Inc. 448 Viking Drive, Suite 220 Virginia Beach, V A 23452 SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS THIS SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS (this "Amendment") is made as of November 26, 2007, by and among TODAY HOMES, INC., a Virginia corporation ("Grantor"), owner of that certain property located in the City of Virginia Beach more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee"). WIT N E SSE T H: WHEREAS, Grantor is the owner of certain real property located in the Princess Anne District of the City of Virginia Beach, Virginia, comprised of 84 lots located in Village "F" of the Villages at West Neck, and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is subject to "Proffered Covenants, Restrictions and Conditions dated January 14, 1999, accepted by the Grantee, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4081, at Page 0206, and amended by that certain First Amendment to proffered Covenants, Restrictions and Conditions dated February 12, 2001, accepted by the Grantee, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4451, at Page 0142 (collectively, the "Proffers"); and GPrNs: 14933319910000,14933328150000,14933328800000,1493 33 38820000,1493334910 0000,14933349540000, 1493342061 0000,14933420760000,14933421920000,149334 3107 0000,14933432220000,1493 3432480000, 14933433530000,14933433680000,14933434830000,1493 34 34890000,14933435840000,14933436900000, 14933440210000,14933440460000,14933441920000,1493 34 4898 0000,14933449480000,1493344972 0000, 14933450370000,14933450830000,14933452360000,1493 3453250000,14933454300000,14933454440000, 14933454590000,14933455660000,1493345813 0000,1493 34 6041 0000,1493 3462290000,14933463340000, 14933464400000,14933468680000,14933469430000,1493 3469270000,14933470040000,14933472930000. 14933473950000,14933474850000,14933474900000,1493 3475660000,14933475710000,14933476470000, 14933476520000,14933482090000,14933560020000,1493 35 50880000,14934405290000,14934414820000, 149344 16950000,14934418640000,149344 24410000 I I I WHEREAS, the Grantor has requested the Grantee to accept a modification to a condition to the Proffers, which modification is set forth herein; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of change, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, a modification to the previously proffered condition related to the minimum side yard setback applicable to the Property as set forth in the Site Data and Development Criteria which are part of the Villages at West Neck Land Use Plan which Plan has been exhibited to the City Council and is are on file in the Planning Department; NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of Quid pro QUO for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following amended and modified declaration of conditions, covenants, restrictions as to the physical development, operation and use of the Property and hereby covenants and agrees that this declaration shall constitute a covenant running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title. The Minimum Side Yard Building Setback for Residential - Single Family Detached Units contained in the Site Data and Development Criteria for The Villages at West Neck which is part of the Villages at West Neck Land Use Plan is modified and reduced from "5' & 10'" to "5 ", for Lots comprising the Property. ,I I Except as expressly superseded and or modified herein, all remammg Covenants, Restrictions and Conditions set forth in the Proffers are ratified and affirmed and remain binding upon the Property. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Amendment, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. This Amendment may be signed in one or more counterparts, which, upon execution by all the parties, shall constitute a single agreement. IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I I I TODAY HOMES, INC., a Virginia corporation By: ~_.~ an D. Benson, Vice President The foregoin9. instrument was sworn to and acknowledged before me this ~ day of f\~;\\ , 200,i~by Nathan D. Benson, in his capacity as Vice President of Today Homes, Inc., a Virginia co oration. -(l)' Linda J. Todd Commonwe8Ith of V'" . ,NQIat'Y Public .. ., eo.iiIIion No. 210115I ~.. .00. . '.~ Cu...,,(tfV' ~0713112010 . '., ~utP4 '0 ary Public My Commission Expires: ()j- ~I ~I D Registration No. -a. \ C:)-~-(/./ A I I ' EXHIBIT "A" Lee:al Description Lots 35, 39,43, 44, 48,54-62,64-83,85-89,92,94-100, 103-107, 109, 111-113 as shown on that certain plat entitled "Subdivision of Village E, F, G, H and Golf Course at West Neck, City of Virginia Beach, Virginia", recorded March 13,2002, in Map Book 303, Page 96, and as Instrument No. 200504260060987, recorded April 26, 2006, City of Virginia Beach, Virginia. c I I , EXHIBIT "B" GPIN Numbers 149333 1991 0000 14933328150000 14933328800000 14933338820000 1493334021 0000 14933349100000 14933349540000 1493 34 2061 0000 14933420760000 14933421920000 14933431070000 1493 34 3222 0000 1493 34 3248 0000 1493 34 3353 0000 1493 34 3368 0000 1493 34 3483 0000 1493 34 3489 0000 14933435840000 1493 34 3690 0000 1493 34 4021 0000 1493 34 4046 0000 14933441920000 14933442880000 1493 34 4898 0000 1493 34 4948 0000 1493 34 4972 0000 14933450370000 1493 34 5083 0000 1493 34 5236 0000 1493 34 5325 0000 1493 34 5430 0000 1493 34 5444 0000 1493 34 5459 0000 14933455660000 1493345813 0000 1493 34 6041 0000 1493 34 6229 0000 1493 34 6334 0000 1493 34 6440 0000 1493 34 6868 0000 1493346943 0000 14933469270000 1493 34 7004 0000 I I - 44- Item V-K. 7. ITEM 57618 PLANNING Attorney R. Edward Bourdon, Jr. Pembroke Office Park - Building One. 281 Independence Boulevard, Phone: 499-8971, represented the applicant, and requested a date for deferral, not INDEFINITE DEFERRAL. City Council wishes to receive and review the Malcolm Pirine Report concerningfuture landfills located in the general facility of the large land holding (Blenheim) Upon motion by Councilman Diezel, seconded by Vice Mayor Jones, City Council DEFERRED TO JULY 8,2008, Ordinance upon application of WELDEN FIELD OF VIRGINIA, L.L.C.for a Conditional Chanfle ofZoninfl ORDINANCE UPON APPLICATION OF WELDENFIELD OF VIRGINIA, L.L.C FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-I LIGHT INDUSTRIAL DISTRICT, R-5D RESIDENTIAL DUPLEX DISTRICT AND 0-2 OFFICE DISTRICT TO CONDITIONAL R-7.5 RESIDENTIAL DISTRICT WITH A PD-H2 OVERLAY Application of Welden field of Virginia, L.L.C for a Change of Zoning District Classification from I-I Light Industrial District, R-5D Residential Duplex District and 0-2 Office District to Conditional R-7.5 Residential District with a PD-H2 Overlay on property located at the northwest intersection of Regent University Drive and Jake Sears Road (GPINs 1455571149; part of 1455666408). DISTRICT 1 - CENTERVILLE Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Robert M Dyer Council Members Absent: None Councilman Dyer ABSTAINED on Item K. 7 (Weldenfield of Virginia, L.L.C.) as he is employed by the (Regent University). May 13, 2008 - 45 - Item V-L.J. APPOINTMENTS ITEM #57619 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: HISTORIC PRESER VA TION COMMISSION HUMAN RIGHTS COMMISSION I I I May 13. 2008 - 46- Item V-O ADJOURNMENT ITEM # 57620 I I Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8: 14 P.M. a~_~~Z!i~4!__ Beverly 0. Hooks, CMC Chief Deputy City Clerk ~/JJ a J')..lJ'\ __t_ ~::;J:~ndorf Mayor th Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia May J 3, 2008