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HomeMy WebLinkAboutMAY 10, 2011 MINUTESCITY COUNCIL MAYOR WILLIAM D SESSOM.S, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District a RITA SWIih7 Bla.Ll770, At -large GLk'NN R. DA VIS, Rose Hall - District 3 WILLIAM R. DeS77LTH, At -Large HARRY E DIEZEL, Kempsville - District 2 ROBERT AL DYER, Centerville - District I BARBARA M. HL'NI.EY, Princess Anne District 7 JOHN E. UHRIN, Beach District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER JAMES K. SPORE CITYA7701M Y MARKD. S77LES CITYASSIiSSOR JERALDD.BANAGAN CITY AUD17'0R LYNDONS. REMIAS CITYC'LIiRK RU7'H HODGES hRASlili, MMC' CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 10 May 2011 I. CITY MANAGER'S BRIEFING - Conference Room - A. NOISE ORDINANCE REVISIONS Christopher Boynton, Deputy City Attorney II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE. (757) 385-4303 FAX (75 7) 385-5669 E- MAIL: Ctycnc!@vbgov.com 4:00 PM 5:00 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION Reverend Michael Daniels Pastor Enoch Baptist Church C. PLEDGE OF ALLEGIANCE D. ROLL CALL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA H. CONSENT AGENDA L PUBLIC HEARINGS 1. LEASES OF CITY -OWNED PROPERTY — Farmer's Market a. Gilly's Creamery b. S & H Produce c. Skipper Farms d. Holland Produce April 26, 2011 2. SOUTH LAKE HOLLY WATERSHED IMPROVEMENTS — Section III Acquisition by Agreement or Condemnation 3. NOISE ORDINANCE AMENDMENTS J. ORDINANCES 1. Ordinances/Resolutions re: FY 2011-12 RESOURCE MANAGEMENT PLAN a. FY 2011-12 Operating Budget and Capital Improvement Program (CIP): 1) APPROPRIATE for the Fiscal Year, July 1, 2011, ending June 30, 2012, $1,742,646,267 for Operations, $176,543,050 for Internal Service and $453,625,416 in Interfund Transfers 2) ESTABLISH the tax levy of Eighty-nine (89) cents per $100 assessed valuation on real estate for FY 2012 3) ESTABLISH the tax levy of Three Dollars and Seventy cents ($3.70) per $100 of assessed valuation on personal property and One Millionth of a cent (0.000001) per $100 of assessed valuation on machinery and tools for the Calendar Year 2012 4) AUTHORIZE the City Manager to submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development (HUD) 5) DECLARE $8,000,000 within the Sandbridge Tax Increment Financing District (TIF) as surplus in FY 2011-12 Operating Budget 6) AMEND Equivalent Residential Unit (ERU) fee Rate: 2011@ $0.316 2012 @ $0.366 2013 @ $0.416 7) ESTABLISH Tourism Investment Program (TIP) and consolidate the Major Projects and Tourism Growth and Investment Funds (TGIF) into the Tourism Investment Program Fund for FY 2011-12 Operating Budget 8) AMEND Section 4-1.1 re permit processing fees 9) ESTABLISH the Solid Waste Management fee for services of Solid Waste Collection, Management, Recycling and Disposal of Solid Waste, Recyclable Materials and Other Refuse at Ten Dollars ($10) per month, effective January 12, 2012 10) ADOPT Neighborhood Dredging Program 11) City Manager to APPOINT a committee to guide the implementation of the Business License Incentive Program 12) AMEND the City Code, Section 2-208.1, to ESTABLISH reasonable charges for the Reissuance of Paperwork and Checks 13) AMEND the City Code, Section 2-214.1, to ESTABLISH a charge for the Reissuance of Surplus Vehicle Title 14) ADOPT Policy for Management of General Obligation Debt 15) AUTHORIZE FY-2012/FY-2017 Capital Improvement Program (CIP); and, APPROPRIATE $302,165,900 for the FY 2012 Capital Budget, subject to funds being provided from various sources set forth therein 16) AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of Sixty -Five Million Dollars ($65,500,000) for various public facilities and general improvements 17) AUTHORIZE the issuance of Storm Water Utility System Revenue Bonds in the maximum amount of Sixteen Million Three Hundred Thousand Dollars ($16,300,000) 18) AUTHORIZE the issuance of Water and Sewer System Revenue Bonds in the maximum amount of Twenty -Seven Million Dollars ($27,000,000) 2. Ordinances to AMEND the City Code: a. Section 16-43 and Chapter 8 of the Comprehensive Plan re "Housing and Neighborhood Plan" b. ADD Sections 16-41.1 and 16-41.2 re Chapter 16, Housing and Building Maintenance Code for commercial and recreational vehicles 3. Resolution of the City Council re the ISSUANCE of Six Million Five Hundred Thousand Dollars ($6,500,000) Multifamily Housing Revenue Bonds by the City of Virginia Beach Development Authority 4. Ordinance to AUTHORIZE the City Manager to EXECUTE Amendment Nos. 2 and 3 to the Encroachment Partnering Agreement with the United States of America, Department of the Navy (USN), to prevent encroachment and incompatible development in the vicinity of the Naval Air Station Oceana (NAS Oceana) 5. Ordinance to AUTHORIZE the City Manager to EXECUTE a three (3) year Lease with Gilly's Creamery, LLC, at the Virginia Beach Farmers Market 6. Ordinance to AUTHORIZE acquisition of temporary and permanent easements for the South Lake Holly Watershed Improvements, Section III, either by agreement or condemnation and AUTHORIZE the City Manager to make a reasonable offer to the owners or persons having an interest in said property 7. Ordinances to AUTHORIZE temporary and permanent encroachments into portions of City - owned property: a. Construct and maintain roof overhangs, roof parapet, hard awnings, light fixtures and a Fire Department connection for Viking Motel Corporation at 27`" 27 V2,18t' Streets and Atlantic Avenue at 2700 Atlantic Avenue b. Maintain two (2) existing piers and construct and maintain a boat lift for Glen A. and M. Nicole Williams at Lake Rudee, 726 Kennedy Avenue 8. Ordinances to ACCEPT and APPROPRIATE: a. $15,000 from the United States Department of Homeland Security to the Fire Department's FY2010-11 Operating Budget re an Emergency Management Exercise b. $112,000 from the Inmate Services fund balance to the FY 2010 Operating Budget of the Sheriff's Office to investigate criminal activity within the facility and ADD 2.4 full-time positions to create a Special Investigative Unit 9. Ordinances to TRANSFER: a. $6,381,613 from the School Board's FY 2010-11 Operating Fund: $5,194,613 from Instruction to Technology $ 871,860 from Administration, Attendance and Health to Technology $ 280,500 from Transportation to Operations and Maintenance $ 35,010 from Instruction to Operations and Maintenance b. $64,429 from the School Board's FY 2010-11 Operating Fund to the Technology Fund re computers and technology supplies: $18,025 from Instruction $44,000 from Administration, Attendance and Health $ 2,404 from Operations and Maintenance $2,835,518 from the School Board's FY 2010-11 Operating Fund to the Technology Fund re special education: $2,560,518 from Instruction $ 100,000 from Administration, Attendance and Health $ 175,000 from Transportation K. PLANNING 1. Application of WILDLIFE RESPONSE, INC. (WRI) for a Conditional Use Permit re the development of a wildlife rehabilitation center at 3592 Indian River Road. DISTRICT 7 - PRINCESS ANNE DEFERRED INDEFINITELY MARCH 22, 2011 PLANNING COMMISSION RECOMMENDATION APPROVAL STAFF RECOMMENDATION INDEFINITE DEFERRAL 2. Application of GREAT NECK BAPTIST CHURCH for a Conditional Use Permit re a preschool with a "Before and After -School" program" at 1020 General Jackson Drive. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 3. Application of DARSHAK PATEL (KAVERI, LLC)/MABEL BROCK for a Modification of a Conditional Use Permit re a gas station and convenience store (approved by City Council January 21, 1985) and ADD a Greyhound passenger transportation terminal on-site at 971 Virginia Beach Boulevard. DISTRICT 6 — BEACH DEFERRED APRIL 12, 2011 RECOMMENDATION APPROVAL 4. Application of GREYHOUND LINES, INC. for a Conditional Use Permit re a passenger transportation terminal at 971 Virginia Beach Boulevard. DISTRICT 6 - BEACH DEFERRED APRIL 12, 2011 RECOMMENDATION APPROVAL 5. Applications of 7 -ELEVEN, INC./COURTHOUSE MARKETPLACE OUTPARCELS, LLC at 2448 Nimmo Parkway re a retail center. DISTRICT 7 - PRINCESS ANNE a. Modification of Conditional Change of Zoning re the Wawa site b. Conditional Use Permit re convenience store, strip retail center and gasoline pumps DEFERRED APRIL 12, 2011 DEFERRED MARCH 22, 2011 RECOMMENDATION APPROVAL 6. Ordinances to AMEND the City Zoning Ordinance (CZO): a. Portions of Sections 104, 203 and 205 re commercial and recreational vehicles b. Section 108 re posting of signs relating to certain rezoning, etc., applications C. Sections 239.05, 901 and 1810 re the Comprehensive Plan RECOMMENDATION APPROVAL 7. Resolution to REFER to the Planning Commission an Ordinance to AMEND Sections 502 and 602 of the City Zoning Ordinance (CZO) re setback requirements for certain accessory structures RECOMMENDATION L. APPOINTMENTS HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL TOWING ADVISORY BOARD WORKFORCE HOUSING ADVISORY BOARD M. UNFINISHED BUSINESS APPROVAL N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 NATIONAL NIGHT OUT OCTOBER 4, 2011 Agenda 05/10/2011 gw -I - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 10, 2011 Mayor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFING re the NOISE ORDINANCE REVISIONS in the City Council Conference Room, Tuesday, May 10, 2011, at 4: 00 P.M. Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None May 10, 2011 -2 - CITY MANAGER `S BRIEFING NOISE ORDINANCE REVISIONS ITEM # 60880 4:00 P.M. City Attorney Mark D. Stiles, referenced the saying: "Beauty is in the eye of the Beholder. " He would submit that "What is Noise is in the ear of the Beholder". How to regulate this noise is significantly complex in terms of balancing the rights of those who make the noise and those who are the unwilling recipients. Since 2009, the City has attempted to strike this balance, after the Supreme Court, struck down the old noise ordinance. This City Council adopted a revised ordinance in 2009. The City has now had some experience re enforcement. As the City Council suggested, the City Staff has engaged the public in discussions concerning the necessity for additional amendments. Deputy City Attorney Christopher Boynton and Captain Lynn A. Stafford, Police Department, are in attendance to speak relative additional proposed amendments for City Council's consideration on May 24, 2011. Christopher Boynton, Deputy City Attorney, presented information re the Noise Ordinance BACKGROUND • On April 17, 2009, Virginia Supreme Court struck down "reasonable person" based standard contained in previous Noise Ordinance • City Council adopted revised Ordinance May 12, 2009 • Revised Ordinance utilizes sound pressure levels (decibel meter readings) and audible distance measurements to determine violations • Every locality in Virginia has a Noise Ordinance • Studies have shown excessive noise is a public health, welfare and quality of life issue • Goal is to balance rights of noise creator and noise receiver • Virginia Supreme Court noted regulation of noise is inherently difficult PUBLIC COMMENT PROCESS • Initial presentation to RAC on June 4, 2009 • Participation on RAC subcommittee • Presentation to Police leadership September 23, 2009 • Public forum at LETA October 15, 2009 • Proposed revisions posted on VBGOV com • Comments solicited via web and at Forum • Still receiving calls and comments • Public Hearing tonight and on May 24th ENFORCEMENT EXPERIENCE/FEEDBACK • Decibel meters in use for over a year • Identified some tweaks/refinements • "audible and discernible" standard • harmonizing distance standards for various audio devices and settings • clarifying multifamily provision • addressing voice amplification in public areas • harmonizing voice amplification and restaurant noise sections • ability of a private citizen to file magistrate warrant May 10, 2011 -3- CITYMANAGER `S BRIEFING NOISE ORDINANCE REVISIONS ITEM # 60880 (Continued) Key Provisions Subject Current standard proposed standard Residential Structures 65 dB Max 7am - ro pm (inside) same, but windows closed 55 db Max to pm - 7 am (inside) all seasons Motor Vehicles Sliding dB scale based on vehicle Sliding dB scale or type or audible from 50 ft. Audible/discernible from ioo ft. Vehicular Music Audible at ioo feet from source Audible/discernible from loo ft. Amplification Devices Audible at 50 feet from source 8o dB dam - u pm 75 dB npm - 7 am Restaurants and Bars 75 dB max after a pm, or 8o dB dam - ii pm Audible at 50 feet off-site after a pm 75 dB npm - 7 am Next Steps • Public Hearings today and May 24 • Make further changes as needed • City Council vote on May 24 • Always room for improvement and refinement • Council comments or questions? A DRAFT Ordinance was forwarded to City Council City Council concurred with the Next Steps. May 10, 2011 -4 - CITY COUNCIL COMMENTS 4:10 P.M. ITEM # 60881 Council Lady Wilson advised last week, the Budget proposed major cut of the Print Shop, and looking into whether we should actually do away with it was discussed. Council Lady Henley was anxious to examine it further. Council Lady Wilson was wondering if the City Council would object if the City Auditor examined the operation. Mayor Sessoms inquired of the City Manager if there was any objection to this suggestion. The City Manager advised we can adhere to whatever City Council wishes. He thinks it is a management issue. A response had been prepared. It is a question of there not being a demand for offset printing anymore. It is simply a lost form. We dre trying to operate and cannot keep costs down. The City Manager did not think it was an auditing issue. It is just a cost control issue and what the City Council is comfortable with. Council Lady Wilson advised if there is a better way, she was not aware if this is true or not. She was told the schools are not utilizing the Print Shop, as much as they should. Council Lady Wilson inquired if there is a better way to use it. The City Manager advised neither the Schools nor the City are utilizing the Print Shop as much as they were just because of the advanced technology within the organization. Councilman Davis advised the City Council had discussed certain economies that still exist between Schools and the City, which we may or may not be using at this time. Vehicle fuel has been discussed. If we are not going to use this — the Print Shop that we have. However, if there is a decision by either body to go out and perform a Request for Proposal (RFP), a joint decision needs to be accomplished and an RFP should not be done outside of the City Council. The Taxpayers want to hear is if we work together we can save them (the taxpayers) money and that is what Councilman Davis is hearing. If someone can make the suggestion that they do not start the process now, because it is understandably going to infuriate all the taxpayers out there. Mayor Sessoms inquired if anyone would object to the Auditor looking at this process? Councilman Uhrin inquired how this would affect what the City Council is doing? Mayor Sessoms advised the City Council can move forward today, and two or three weeks from now, when there is an opportunity, adjustments can be made. ITEM # 60882 Council Lady Wilson advised last week she attended the Local Government Advisory Commission. The City of Richmond has instituted a Program, which gives their taxpayers credit on the storm water fee. A manual was distributed entitled "Single Family Residential Property Credit Manual."State and Federal regulations require the City of Richmond to manage non point source pollution and protect our waterways. May 10, 2011 -5 - CITY COUNCIL COMMENTS ITEM # 60882 (Continued) Customers who take measures to reduce the stormwater rate or volume flowing from their properties to the Richmond stormwater system or to surrounding bodies of water, can receive a reduction in their stormwater fee. Credits can be obtained by: Installation and continuing use, operating and maintenance of an approved Stormwater Control Measure (SCM) the City of Richmond does not own, maintain or operate. Activities that reduce or alleviate the City's cost of providing a stormwater management program. Council Lady Henley advised the Green Ribbon Committee also discussed this concept and recognition awards of the various categories are being presented. Council Lady Henley advised there are five (5) watersheds. All the receiving waters are important, not just Chesapeake Bay. Council Lady Henley referenced an article concerning the Lafayette River in Norfolk. The neighborhood is working together re the Lafayette River. Councilman Dyer advised this would be a huge unfunded mandate which every City in Hampton Roads would be confronting. ITEM # 60883 Councilman DeSteph referenced attending Route 76 Cross Country Bicycle Kickoff from the Atlantic Ocean, across Country the week before last. The Governor presented Councilman DeSteph with a Resolution. A group is traveling across country and is planning on riding back. ITEM # 60884 Council Lady Wilson advised the Honorable Robert F. McDonnell, Governor — Commonwealth of Virginia, will be at the Convention Center, May 25, 2011, at 2:30 P.M., to sign the BPOL Bill requested by City Council Council Lady Wilson requested all attend. May 10, 2011 AGENDA REVIEW SESSION 4:22 P.M. ITEM # 60885 Speakers registered: J. ORDINANCES 1. Ordinances/Resolutions re: FY 2011-12 RESOURCE MANAGEMENT PLAN a. FY 2011-12 Operating Budget and Capital Improvement Program (CIP): 1) APPROPRIATE for the Fiscal Year, July 1, 2011, ending June 30, 2012, $1,742,646,267for Operations, $176,543,050for Internal Service and $453,625,416 in Interfund Transfers 2) ESTABLISH the tax levy of Eighty-nine (89) cents per $100 assessed valuation on real estate for FY 2012 3) ESTABLISH the tax levy of Three Dollars and Seventy cents ($3.70) per $100 of assessed valuation on personal property and One Millionth of a cent (0.000001) per $100 of assessed valuation on machinery and tools for the Calendar Year 2012 4) AUTHORIZE the City Manager to submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development (HUD) 5) DECLARE $8,000,000 within the Sandbridge Tax Increment Financing District (TIF) as surplus in FY 2011-12 Operating Budget 6) AMEND Equivalent Residential Unit (ERU) fee Rate: 2011@ $0.316 2012 @ $0.366 2013 @ $0.416 7) ESTABLISH Tourism Investment Program (TIP) and consolidate the Major Projects and Tourism Growth and Investment Funds (TGIF) into the Tourism Investment Program Fund for FY 2011-12 Operating Budget 8) AMEND Section 4-1.1 re permit processing fees 9) ESTABLISH the Solid Waste Management fee for services of Solid Waste Collection, Management, Recycling and Disposal of Solid Waste, Recyclable Materials and Other Refuse at Ten Dollars ($10) per month, effective January 12, 2012 10) ADOPT Neighborhood Dredging Program 11) City Manager to APPOINT a committee to guide the implementation of the Business License Incentive Program 12) AMEND the City Code, Section 2-208.1, to ESTABLISH reasonable charges for the Reissuance of Paperwork and Checks May 10, 2011 -7 - AGENDA REVIEW SESSION ITEM # 60885 (Continued) 13) AMEND the City Code, Section 2-214.1, to ESTABLISH a charge for the Reissuance of Surplus Vehicle Title 14) ADOPT Policy for Management of General Obligation Debt 15) AUTHORIZE FY-2012IFY-2017 Capital Improvement Program (CIP); and, APPROPRIATE $302,165,900 for the FY 2012 Capital Budget, subject to funds being provided from various sources set forth therein 16) AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of Sixty -Five Million Dollars ($65,500,000) for various public facilities and general improvements 17) AUTHORIZE the issuance of Storm Water Utility System Revenue Bonds in the maximum amount of Sixteen Million Three Hundred Thousand Dollars ($16,300,000) 18) AUTHORIZE the issuance of Water and Sewer System Revenue Bonds in the maximum amount of Twenty -Seven Million Dollars ($27,000,000) *Item J. I. a. 3. is REVISED and references the following Technical change (Section 6 to 8): Sec. 45. Amount of Levy on All Boats or Watercraft Used for Business Purposes Only. There shall be levied and collected for general purposes for the calendar year 2012 taxes on all boats or watercraft used for business purposes (both boats weighing less than five (5) tons and boats weighing five (5) tons or more), except as provided for in Section 8 g of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal property in Sections 58.1-3506 (A) (35) and (A) (36). Sec.56. Amount of Levy on All Boats or Watercraft Not Used Solely for Business Purposes. There shall be levied and collected for general purposes for the calendar year 2012 taxes on all boats or watercraft not used solely for business purposes weighing less than five (5) tons, and weighing five (5) tons or more, except as provided for in Section 8 6 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal property in Sections 58.1-3506 (A) (1) (a) and (A) (1) (b). *Item J. 1. a. 9, SUBSTITUTE ORDINANCE shall be ADOPTED ESTABLISH the Solid Waste Management fee for services of Solid Waste Collection, Management, Recycling and Disposal of Solid Waste, Recyclable Materials and Other Refuse at Ten Dollars ($10) per month, effective January 12, 2012 May 10, 2011 AGENDA REVIEW SESSION ITEM # 60886 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: J. ORDINANCES 2. Ordinances to AMEND the City Code: a. Section 16-43 and Chapter 8 of the Comprehensive Plan re "Housing and Neighborhood Plan " b. ADD Sections 16-41.1 and 16-41.2 re Chapter 16, Housing and Building Maintenance Code for commercial and recreational vehicles 3. Resolution of the City Council re the ISSUANCE of Six Million Five Hundred Thousand Dollars ($6,500, 000) Multifamily Housing Revenue Bonds by the City of Virginia Beach Development Authority 4. Ordinance to AUTHORIZE the City Manager to EXECUTE Amendment Nos. 2 and 3 to the Encroachment Partnering Agreement with the United States of America, Department of the Navy (USN), to prevent encroachment and incompatible development in the vicinity of the Naval Air Station Oceana (NAS Oceana) 5. Ordinance to AUTHORIZE the City Manager to EXECUTE a three (3) year Lease with Gilly's Creamery, LLC, at the Virginia Beach Farmers Market 6. Ordinance to AUTHORIZE acquisition of temporary and permanent easements for the South Lake Holly Watershed Improvements, Section III, either by agreement or condemnation and AUTHORIZE the City Manager to make a reasonable offer to the owners or persons having an interest in said property 7. Ordinances to AUTHORIZE temporary and permanent encroachments into portions of City -owned property: a. Construct and maintain roof overhangs, roof parapet, hard awnings, light fixtures and a Fire Department connection for Viking Motel Corporation at 27`", 27 %2,18`" b. Maintain two (2) existing piers and construct and maintain a boat lift for Glen A. and M. Nicole Williams at Lake Rudee, 726 Kennedy Avenue 8. Ordinances to ACCEPT and APPROPRIATE: a. $15, 000 from the United States Department of Homeland Security to the Fire to the Fire Department's FY2010-11 Operating Budget re an Emergency Management Exercise b. $112, 000 from the Inmate Services fund balance to the FY 2010 Operating Budget of the Sheriff's Office to investigate criminal activity within the facility and ADD 2.4 full-time positions to create a Special Investigative Unit May 10, 2011 IRE AGENDA REVIEW SESSION ITEM # 60886 (Continued) 9. Ordinances to TRANSFER: a. $6, 381, 613 from the School Board's FY 2010-11 Operating Fund: $5,194, 613 from Instruction to Technology $ 871, 860 from Administration, Attendance and Health to Technology $ 280, 500 from Transportation to Operations and Maintenance $ 35, 010 from Instruction to Operations and Maintenance b. $64, 429 from the School Board's FY 2010-11 Operating Fund to the Technology Fund re computers and technology supplies: $ I8, 025 from Instruction $44, 000 from Administration, Attendance and Health $ 2, 404 from Operations and Maintenance c. $2,835,518 from the School Board's FY 2010-11 Operating Fund to the Technology Fund re computers re special education: $2, 560, 518 from Instruction $ 100, 000 from Administration, Attendance and Health $ 175, 000 from Transportation Council Lady Wilson advised re J.9a/b1c she did not have a problem transferring funds to technology; however, she does not support funds relative Smart Boards and iPads. Councilman Davis requested once these funds are transferred, Schools reexamine the use of these funds with regards to the iPads and the competition. Mayor Sessoms will write a letter to the Chairman and Superintendent of Virginia Beach City Public Schools stating the issues have been raised. Council Lady Henley wished these issues be prioritized. Councilman Dyer wished a Committee established to work with the School Board. May 10, 2011 wi(lm A GENDA REVIEW SESSION ITEM # 60887 BY CONSENSUS, the following items shall compose the Planning By Consent Agenda: K. PLANNING 2. Application of GREAT NECK BAPTIST CHURCH for a Conditional Use Permit re a preschool with a "Before and After -School " program " at 1020 General Jackson Drive. DISTRICT 5 - LYNNHAVEN 3. Application of DARSHAKPA TEL (KAVERI, LLC)/MABEL BROCKfor a Modi kation oL a Conditional Use Permit re a gas station and convenience store (approved by City Council January 21, 1985) and ADD a Greyhound passenger transportation terminal on- site at 971 Virginia Beach Boulevard. DISTRICT 6 — BEACH 4. Application of GREYHOUND LINES, INC. for a Conditional Use Permit re a passenger transportation terminal at 971 Virginia Beach Boulevard. DISTRICT 6 - BEACH 5. Applications of 7 -ELEVEN, INC./COURTHOUSE MARKETPLACE OUTPARCELS, At 2448 Nimmo Parkway re a retail center. DISTRICT 7 - PRINCESS ANNE a. Modification of Conditional Change of Zoning re the Wawa site b. Conditional Use Permit re convenience store, strip retail center and gasoline pumps 6. Ordinances to AMEND the City Zoning Ordinance (CZO): a. Portions of Sections 104, 203 and 205 re commercial and recreational vehicles b. Section 108 re posting of signs relating to certain rezoning, etc., applications c. Sections 239.05, 901 and 1810 re the Comprehensive Plan 7. Resolution to REFER to the Planning Commission an Ordinance to AMEND Sections 502 and 602 of the City Zoning Ordinance (CZO) re setback requirements for certain accessory structures *K4. Application of GREYHOUND LINES, INC. for a Conditional Use Permit re a passenger transportation terminal at 971 Virginia Beach Boulevard. DISTRICT 6 - BEACH (Shall be DEFERRED, BY CONSENT, until the City Council Session of August 9, 2011) May 10, 2011 -11 - ITEM # 60888 Mayor William D. Sessoms, Jr, entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(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 of real property for public purpose, 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). Acquisition/Disposition of City Property.• Bayside District Beach District Princess Anne District Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 4:58 P.M. May 10, 2011 -12 - ITEM # 60888 (Continued) Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Voting Nay: None Council Members Absent: None (Closed Session: (4: S8 P.M. - S: 52 P.M.) May 10, 2011 -13 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL May 10, 2011 6: 00 P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 10, 2011, at 6:00 P.M. Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Absent: None INVOCATION: Reverend Michael Daniels Pastor Enoch Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is his practice to thoroughly review each City Council agenda to idents any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made apart of the record. May 10, 2011 -14 - Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a `personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made apart of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made apart of the record. May 10, 2011 Item — V -E.1 CERTIFICATION -15 - ITEM # 60889 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE INA CCORDANCE 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: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 10, 2011 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 #60888, Page 11, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. th Hodges raser, MMC City Clerk May 10, 2011 Item V -F.1 -16 - ITEM # 60890 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of April 26, 2011 Voting: 11-0 Council Members Voting Aye.- Rita ye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. - None Council Members Absent: None May 10, 2011 Item V -I.1. -17 - ITEM # 60891 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASES OF CITY -OWNED PROPERTY— Farmer's Market a. Gilly's Creamery b. S & H Produce c. Skipper Farms d. Holland Produce There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING May 10, 2011 Item V I.2. ITEM # 60892 Mayor Sessoms DECLARED A PUBLIC HEARING: SOUTH LAKE HOLLY WATERSHED IMPROVEMENTS — Section III Acquisition by Agreement or Condemnation There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING May 10, 2011 Item V -I.3. -19 - ITEM # 60893 Mayor Sessoms DECLARED A PUBLIC HEARING: NOISE ORDINANCE AMENDMENTS The following registered to speak in OPPOSITION: Charlie Coombe, 4484 Lookout Road, Phone; 464-1966, concerned re motor vehicle maximum sound levels (changing from 50 feet to 100 feet). The noise will be too loud for the residents. He is also in opposition to the checking for decibel meters. The windows, doors must be closed. There are hot and cold days. Mr. Coombe is retired and leaves his windows open on his 'free " days. Mr. Coombe is also concerned re the sound levels at the restaurants. It is listed as 80 decibels during the day and 75 at night. He attended the class a couple of years ago with the Virginia Beach Police. 75 decibels in the middle of the night is extremely loud and prevents sleep. The noise in the restaurants and bars are "out of hand". Elena Viada, 2313 RedTide Road, Phone: 470-3697, lived next door to a cafe' on Shore Drive in the Cape Henry area (a block away from the Beach). For years, she contacted the Police every night to have the Cafe turn the volume down. She always got the same response. There was nothing that could be done re this problem. The patrons of the Cafe were allowed to drink until 2:00 A.M. in the morning. She should not have to live with her windows closed. She wears ear plugs every night. Ms. Viada suggested an ordinance be formulated that nightclubs could not be in a residential area. There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING May 10, 2011 -20 - Item V G.1. F4UZ1ZaALrel xW75I FOR FORMAL SESSION ITEM # 60894 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION May 10, 2011 Item V. J.1. a. -21 - ITEM # 60895 Ordinances/Resolutions re FY2011-12 RESOURCE MANAGEMENT PLAN a. FY2011-12 Operating Budget and Capital Improvement Program (CIP): The following registered to speak. - George Bryant, 2320 Dodd Drive, Phone: 434-0825, registered in Opposition, and advised fees are just taxes in disguise and will burden the average taxpayer. The majority of workers and retirees have not had raises in several years. The majority of the populous has had to make life style adjustments in recent years. The plan to increase salaries by 2 %% is admirable, as far as the City employees are concerned; however, this is at the expense of many residents who will not see pay increases. Now is the time to reduce debt, not increase it. Mr. Bryant urged spending be further reduced and not increase the taxes or fees. Dominic Melito, 4410 Segovia Court, Phone: 729-5672, President of the Virginia Beach Education Association. On February 15, 2011, Mr. Melito posted on the VBEA Website a letter from Mayor Sessoms. Mr. Melito quoted from the correspondence: "The education our children receive is a significant factor contributing to the quality of life we enjoy and we have no intention of doing anything to jeopardize this education. I believe our teachers do an excellent job and deserve pay raises and the tools necessary to provide a quality learning environment. I can assure you I intend to support fully funding the budget submitted by the School Board". Mr. Meliot advised two weeks ago he appeared before City Council asking you not change the Revenue Sharing Formula and support the School Board Budget. Since then he has collected 1220 petition cards requesting the Revenue Sharing Formula not be changed and the School Board Budget be supported. In the Budget Reconciliation Workshop of May 3, 2011, an additional $9.2 -Million was proposed to be taken from the School Board Budget. Carolyn Weems, 1420 Claudia Drive, Phone: 464-6674, School Board Member, in opposition to the Budget Reconciliation developed by the Mayor and Vice Mayor. The future of Virginia Beach City Public Schools will be mortgaged. She urged the City Council to ADOPT the City Manager's proposal. Susan Edelson 5328 Denver Drive, Phone: 479-3661, Teacher's Assistant at College Park Elementary. Ms. Edelson was surprised re the latest development of $1.8 -Million set aside to make market adjustments to some employees deemed as underpaid. After 19 years on the job, Ms. Edelson makes $19,842, bringing home $1200. Kaitlin Jensen, 520 Woodshire Way, Phone: 351-3329, teacher at Virginia Beach Middle School. She does not believe adequate study has not been given to the budget proposal now before you. The Mayor and Vice Mayor's Reconciliation Proposal included the recommendation to reduce the School's portion of the Revenue Sharing Formula. There has been on substantial analysis of this impact on the 85 public schools. The fine art classes are those classes that will be decreased in number, the upper level foreign languages and mathematics and physical education, et cetera. If a cut to the Revenue Sharing Formula becomes permanent, this situation will become more extreme and not only result in larger class sizes, but also hamper the school's system ability to recruit and retain quality teachers. Vote to support the VBEA recommendation and preserve the quality of your schools. Kelly Walker, 2516 Locust Grove Lane, Phone: 560-5418, Teacher Tallwood High School, Board Member — Virginia Beach Education Association. Ms. Walker expressed the concern the City Council has used very little critical thinking to solve its $24 -Million shortfall. The City has allowed the schools to do all the saving and the funds have been taken to wipe out almost entirely the City's shortfall. May 10, 2011 Item V.J.I. a. -22 - ITEM # 60895 (Continued) Ordinances/Resolutions re FY 2011-12 RESOURCE MANAGEMENT PLAN Karen Mallard, 1748 Lapstone Court, Phone: 818-1858, Teacher - Three Oaks Elementary School. Last week the Nation celebrated Teacher Appreciation Week. The School Division had the foresight to prepare years ago for the economic recession in order to minimize the impact for students across several years. That money is in the fund balances, the City is now taking. The School system is utilizing $9.2 - Million from its own savings account. Greg Furlich, President - Virginia Association of Elementary School Principals, Principal — Kingston Elementary School, 4816 Knollwood Drive, Phone, 375-4503, expressed concern re budget proposal. This action will be detrimental to the public education in Virginia Beach. Virginia Beach has been named the Fifth Best Large School District in the Nation. Beverly Anderson, 2105 Commodore Court, Phone: 481-5292, speaking as a teacher and concerned citizen. The economy has soured in the last few years and money is "tight ". She and her husband recently had to close their own business in the Hilltop area. She realized City Council's dilemma in balancing the budget with less taxes coming into the revenue. However, Mayor Sessoms had advised her the School System because it was so good was a major factor in attracting businesses to the City. This year is plan is to take $23.7 -Million from the School Budget ($14.5 -Million from Risk Management and $9.2 -Million more by lowering the Revenue Sharing to 50% this year. Andy Baan, Post Office Box 1354, Phone: 425-1924, requested the City Council decline the opportunity to adopt the Neighborhood Dredging Program Ordinance, concerned re the accounting of the cost. Six hundred have signed a petition in opposition on the web site LongCreekWetlands.com. The Spoil Site at Maple Street is a concern and is not in the Policy. James Beckstedt, 349 East Chickasaw, Phone: 222-0040, spoke in SUPPORT of the Schools Jimmy Frost, 2240 Windom Place, Phone: 343-6768, expressed appreciation to Sherriff Stolle for his recent gesture to help use some of his budget reserves to support mental health services and prevent those individuals from ending up in his jail. Greg Benshoff, 4140 Edinburgh Drive, Phone: 846-6893, spoke for a Public Safety Coalition of over 1500 City Employees, 72% of which are residents, who have a vested interest in the success of this City and support the adoption of the reconciled budget. Rose Chandler, 1620 Grey Friars Chase, Phone: 227-5192, President — Bellamy Plantation Civic League, which represents 264 homes. For the past eight (8) years, issues concerning Bellamy Plantation's continuous flooding in the area of the 1600 Block of Gray Friars Chase, due to the Salem Canal have been made known to their Councilman. This area needs to be dredged. Andrew Jackson, 153 Upperville Road, Phone: 490-9190, spoke in Opposition to the Light House project concerning the location shown at present. The new facility would be more of a resource for the Homeless rather than housing, feeding and meeting other needs of the Homeless. The present facility is only serving about 60% of its capacity. It is only right to preserve the heritage and legacy of the forefathers who founded and established Seatack as a community to live and raise their families. Initially he suggested it be located closer to town (Social Services), to serve the homeless, city wide. May 10, 2011 Item V. J. 1. a. -23 - ITEM # 60895 (Continued) Ordinances/Resolutions re FY 2011-12 RESOURCE MANAGEMENT PLAN John Moss, 4109 Richardson Road, Phone: 363-7745, Chairman — Virginia Beach Taxpayers Alliance. VBTA does remain opposed to a trash fee, which is a "back door" real estate tax increase. VBTA recommends the real estate tax rate be reduced and make the trash fee tax neutral on residents. A flat charge that does not vary with use is a tax not a fee. There is not a flat fee for water. A 2.5% general pay increase is unsupportable by economic data and is out of touch with the financial suffering of private sector workers and retirees. E. George Minns, President — Seatack Civic League, 236 Shipp Lane, Phone: 575-8109, expressed Opposition to the Light House, as presented to City Council. The Light House is a good service, but as proposed is premature and over budget. The proof of this is the twelve (12) years, it has been in existence. The Light House has existed for 12 years and in the same period, homelessness has increased. The Light House does not deal with the real "hard core " side of homelessness. A $5 -Million facility is not needed to "handout" information. May 10, 2011 Item V. J.I.a. -24 - ITEM # 60895 (Continued) 1. Ordinances/Resolutions re FY 2011-12 RESOURCE MANAGEMENT PLAN Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, IN ONE MOTION, FY 2011-12 Operating Budget and Capital Improvement Program (CIP),with appropriations of the FY 2012 Capital Budget, J.la 1), 2), 3(As Revised), 4), 5), 6), 7), 8), 9)(Substitute Ordinance), 10), 11), 12), 13), 14), 15), 16), 17), and 18) Voting: 10-1 (By Consent) Council Members Voting Aye.- Rita ye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.- William ay: William R. "Bill" DeSteph Council Members Absent: None May 10, 2011 Item V.J. I. a. -25 - N991rE°ITIBi' 01 1. Ordinances/Resolutions re FY 2011-12 RESOURCE MANAGEMENT PLAN Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT.• 1) Ordinance making APPROPRIATIONS for the Fiscal Year, July 1, 2011, ending June 30, 2012, $1, 742, 646, 267 for Operations, $176, 543, 050 for Internal Service and $453,625,416 in Interfund Transfers Voting: 10-1 (By Consent) Council Members Voting Aye.- Rita ye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.- William ay: William R. "Bill" " DeSteph Council Members Absent: None May 10, 2011 I AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2 BEGINNING JULY 1, 2011 AND ENDING JUNE 30, 2012 IN THE SUM OF 3 $ 1,742,646,267 FOR OPERATIONS 4 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year beginning 5 July 1, 2011, and ending June 30, 2012, and it is necessary to appropriate sufficient funds to cover said budget; 7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 8 9 Sec. 1. That the amounts named aggregating $2,372,814,733 consisting of $453,625,416 in inter -fund transfers, 10 $176,543,050 for internal service funds, and $1,742,646,267 for operations, are hereby appropriated subject to the 11 conditions hereinafter set forth for the use of departments, and designated funds of the City government, and for the 12 purposes hereinafter mentioned, as set forth in the Annual Operating Budget, which is hereby incorporated by reference, 13 for the fiscal year beginning July 1, 2011, and ending June 30, 2012, a summary of which is attached to this ordinance as 14 "Attachment A — Appropriations." 15 16 Sec. 2. That in accordance with Section 5.04 of the City Charter, Estimated Revenue in Support of Appropriations is set 17 forth in said Annual Operating Budget, with a summary of Estimated Revenue in Support of Appropriations attached to this 18 ordinance as "Attachment B — Revenues." 19 20 Sec. 3. With the exception of the School QpeFating Fund funds under the control of the School Board, specifically the 21 funds numbered 106. 107. 108. 109. 112. 114, 115. 116. 117. 119. 614, and 615 (hereinafter referred to as "School Board 22 Funds"),the total number of full-time permanent positions shall be the maximum number of positions authorized for the 23 various departments of the City during the fiscal year, except for changes or additions authorized by the Council or as 24 hereinafter provided. The City Manager may from time to time increase or decrease the number of part-time or temporary 25 positions provided the aggregate amount expended for such services shall not exceed the respective appropriations made 26 therefore. The City Manager is further authorized to make such rearrangements of positions within and between the 27 departments as may best meet the needs and interests of the Cityincluding changes necessary to implement the 28 employee transition program. 29 30 Sec. 4. To improve the effectiveness and efficiencies of the government in service delivery, the City Council hereby 31 authorizes the City Manager or his designee to transfer appropriated funds and existing positions throughout the fiscal 32 year as may be necessary to implement organizational adjustments that have been authorized by the City Council. Unless 33 otherwise directed by the City Council, such organizational adjustments shall be implemented on such date or dates as the 34 City Manager determines, in his discretion, to be necessary to guarantee a smooth and orderly transition of existing 35 organizational functions. The City Manager shall make a report each year to the City Council identifying the status and 36 progress of any such organizational adjustments. 37 38 Sec. S. All current and delinquent collections of local taxes shall be credited to the General Fund,and, wheFe appFepFoate, 39 to any speeial seFViee diStFiGt sperzial Fevenue fund eF @Ay taX inffement financing funds GFeated by City Geunril T-FansfeFs 40 shall be Fnade fFGFn the GeneFal Fund to the Fespective designated funds to which a special levy is made in the amou 41 callectien f9F eaeh specially designated fund. Special Service District Funds, Tax Increment Financing Fund or any fund to 42 which City Council has, by ordinance, dedicated a tax levy. 43 44 Sec. 6. All balances of the appropriations payable out of each fund of the City Treasury at the close of business for the 45 fiscal year ending on June 30, 2012, unless otherwise provided for, are hereby declared to be lapsed into the fund balance 46 of the respective funds, except all appropriations to School Board Funds derived from local public sources the Sehes: 47 OpeFating Fund which shall lapse 4" and revert to the General Fund Balance, and may be used for the payment of the 48 appropriations that may be made in the appropriation ordinance for the fiscal year beginning July 1, 2012. HeweveF t"„r„ 49yeaF'S budgeted 50 , 51 fOF the fiscal yeaF beginning july 1, 2011, except upon subsequent authWizatien by City Council. Prior to the expenditure 52 of any sums that have lapsed to the fund balance of any fund, an appropriation by the City Council shall be required. 53 54 Sec. 7. That the City's debt management policies for the Water and Sewer Enterprise Fund shall serve as a basis for 55 developing financial strategies for the water and sanitary sewer system based on the following guidelines: (a) for the Water 56 and Sewer Fund, the goal of retaining working capital equal to 80% to 100% of one year's operating expense shall be 57 pursued; (b) for the Water and Sewer Fund, the goal shall be for debt service coverage on its water and sewer revenue 58 bonds at not less than 1.50 times and, on a combined basis, including water and sewer general obligation bonds, at no less 59 than 1.20 times and (c) for the Water and Sewer Fund, contributions from non -borrowed funds, on a five-year rolling 60 average basis, will be sought for approximately 25% of the annual capital program for the water and sewer system. 61 62 Sec. 8. All balances of appropriations in each fund which support authorized obligations or are encumbered at the close 63 of the business for the fiscal year ending on June 30, 2012, are hereby declared to be re -appropriated into the fiscal year 64 beginning July 1, 2012, and estimated revenues adjusted accordingly. 65 66 Sec. 9. All balances of appropriations attributable to grants or other similar funding mechanism from state or federal 67 sources and trust or sift funds, whose period of expenditure extends beyond the fiscal year ending on June 30, 2011, are 68 hereby declared to be re -appropriated into the fiscal year beginning July 1, 2011, and estimated revenues adjusted 69 accordingly. 70 71 Sec.10. No department or agency for which appropriations are made under the provisions of this ordinance shall 72 exceed the amount of such appropriations except with the consent and approval of the City Council first being obtained. It 73 is expressly provided that the restrictions with respect to the expenditure of the funds appropriated shall apply only to the 74 totals for each Appropriation Unit included in this ordinance and does not apply to Inter -fund Transfers. 75 76 Sec.11. The City Manager or the Director of Management Services is hereby authorized to approve transfers of 77 appropriations in an amount up to $100,000 between any Appropriation Units included in this ordinance. The City 78 Manager shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. In addition, the 79 City Manager may transfer, in amounts necessary, appropriations from all Reserves for Contingencies except Reserve for 80 Contingencies — Regular, within the intent of the Reserve as approved by City Council. 81 82 Sec. 12. The City Manager or the Director of Management Services is hereby authorized to establish and administer 83 budgeting within Appropriation Units consistent with best management practices, reporting requirements, and the 84 programs and services adopted by the City Council. The City Manager or the Director of Management Services is further 85 authorized to establish administrative directives to provide additional management oversight and control to ensure the 86 integrity of the City's budget. 87 88 Sec. 13. The City Manager or the Director of Management Services is hereby authorized to change the Estimated 89 Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in support of an Operating 90 Appropriation Unit declines, the City Manager or the Director of Management Services is hereby authorized to reduce, 91 subject to any other provision of law, those appropriations to equal the decline in Estimated Revenue. The City Manager 92 shall give prior notice to the City Council of any reduction to total appropriations exceeding $100,000. The notice to City 93 Council shall identify the basis and amount of the appropriation reduction and the Appropriation Units affected. The 94 accounting records of the City will be maintained in a manner that the total of Estimated Revenue is equal to the total of 95 the Appropriation Units for each of the City's funds. The City Manager or the Director of Management Services is hereby 96 authorized to transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for 97 which those funds were appropriated have been incurred. Nothing in this section shall be construed as authorizing any 98 reduction to be made in the amount appropriated in this ordinance for the payment of interest or principal on the bonded 99 debt of the City Government. 100 101 Sec. 14. Allowances made from the appropriations made in this ordinance by any or all of the City departments, 102 bureaus, or agencies, to any of their officers and employees for expenses on account of the use by such officers and 103 employees of their personal automobiles in the discharge of their official duties shall not exceed forty two cents ($0.42) per 104 mile of actual travel for the first 15,000 miles and fifteen cents ($0.15) per mile for additional miles of such use within the 105 fiscal year. 106 107 Sec. 15. In the event of an emergency and under emergency circumstances wherein the City Council cannot reasonably 108 hold a meeting, the City Manager is authorized to transfer and expend appropriated sums from any budget account to 109 ensure that the emergency is handled as efficiently and expeditiously as possible. Immediately following the expenditure 110 of funds under this provision, and as soon as the City Council can reasonably meet under the existing circumstances, the 111 City Manager shall notify the City Council of the reason for such action, how funds were expended, and present to the City 112 Council for adoption an emergency appropriations ordinance that sets forth what measures are required to ensure that 113 funds are forthwith restored to the appropriate accounts and that the budget is balanced at the end of the fiscal year in 114 which the emergency expenditures occurred. 115 116 An emergency is defined for the purposes of this provision as an event that could not have been reasonably 117 foreseen at the time of the adoption of the budget, and in which (i) an immediate threat to the public health, safety or 118 welfare is involved, such as clean-up after a hurricane, and/or (ii) immediate action is required to protect or preserve public 119 properties. 120 121 Sec. 16. All travel expense accounts shall be submitted on forms approved by the Director of Finance and according to 122 regulations approved by the City Council. Each account shall show the dates expenses were incurred or paid; number of 123 miles traveled; method of travel; hotel expenses; meals; and incidental expenses. The Director of Finance is specifically 124 directed to withhold the issuance of checks in the event expense accounts are submitted for "lump -sum" amounts. 125 126 Sec. 17. Violation of this ordinance may result in disciplinary action by the City Manager against the person or persons 127 responsible for the management of the Appropriation Unit in which the violation occurred. 128 129 Sec. 18. Funds in the amount of $3,600,000 are hereby transferred from the fund balance of the General Fund and 130 $1,500,000 from the fund balance of the Emergency FEMA Fund are hereby transferred to the fund balance of the Risk 131 Management Internal Service Fund effective on June 30, 2011. 132 133 Sec. 19. Funds in the amount of $14,500,000 are hereby transferred from the fund balance of the School Risk 134 Management Internal Service Fund to the fund balance of the General Fund effective on June 30, 2011. 135 136 SeG. 20. The City ManageF and Seheel 139aFd aFe allthWized to expend funds Felated to the City and School's 137 liability in the School Health i..ru n internal SeFVi •e Fund 138 139 Sec. 2420. With the exception of Sections 18 and 19, Tthis ordinance shall be effective on July 1, 2011. 140 141 Sec. 2221. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not 142 affect the validity of the remaining parts of this ordinance. 143 144 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 101h day of May, 2011. 145 146 Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: _23 Management Services APPROVED AS TO LEGAL SUFFICIENCY: ey' ice City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment A - Appropriations 002 General Fund Agriculture Benefits Administration Board of Equalization Circuit Court City Attorney City Auditor 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 Debt Service Director of Finance Economic Development Emergency Communications and Citizen Services 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 and Domestic Relations District Court Juvenile Probation Leases Library Magistrates Management Services Mass Transit Operations Municipal Council Museums Parks and Recreation Planning Police Public Works Regional Participation Reserve for Contingencies Revenue Reimbursements Strategic Growth Area Transfer to Other Funds Vehicle Replacements Fund 002 Appropriation Totals FY 2011-12 Proposed 765,795 662,283 15,634 961,733 3,512,286 571,714 539,211 2,486,125 2,838,546 4,908,622 3,016,577 3,848,587 6,836,026 22,049,653 439,308 8,588,897 2,391,936 44,862,754 4,632,305 2,044,395- 10,206,092 7,071,995 5,040,436 41,778,219 365,424 1,106,926 2,858,445 1,583,015 4,152,528 107, 855,150 153,878 140,243 1,796,775 1,630,484 15,372,214 94,864 1,461,870 3,519,145 542,671 9,135,462 12,381,771 9,278,067 86,695,027 94,131, 823 1,933,213 13,456,405 15,741,537 909,169 386,169, 848 4,111,914 956,646,997 City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment A - Appropriations FY 2011-12 Proposed 098 School Reserve Special Revenue Fund Transfer to Other Funds 13,300,000 Fund 098 Appropriation Totals 13,300,000 106 School Technology Category Special Revenue Fund Technology 23,321,181 Fund 106 Appropriation Totals 23,321,181 108 School Instructional Technology Fund Instructional Technology 8,125,463 Transfer to Other Funds 3,793,767 Fund 108 Appropriation Totals 11,919,230 109 School Vendinq Operations_ Fund Athletic 327,011 Fund 109 Appropriation Totals 327,011 112 School Communication Tower Technology Fund Instructional Technology 585,000 114 School Cafeteria Fund Cafeteria 115 School Operating Fund Administration, Attendance, and Health Debt Service Instruction Operations and Maintenance Pupil Transportation 116 School Grants Fund Grants 117 School Textbook Fund Textbook 119 School Athletic Special Revenue Fund Athletic Fund 112 Appropriation Totals 585,000 Fund 114 Appropriation Totals 27,696,532 21,588, 883 44,812,083 499,401, 832 85,545,718 Fund 115 Appropriation Totals 680,945,043 Fund 116 Appropriation Totals 96,887,512 10,271,771 Fund 117 Appropriation Totals 10,271,771 4,941,085 Fund 119 Appropriation Totals 4,941,085 City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment A - Appropriations 130 Law Library Fund Library Reserve for Contingencies Transfer to Other Funds Fund 130 Appropriation Totals 142 DEA Seized Property Special Revenue Fund FY 2011-12 Proposed 215,758 4,790 r,7 79;9 01WARTiTil Commonwealth's Attorney 200,000 Fund 142 Appropriation Totals 200,000 147 Federal Section 8 Program Special Revenue Fund Housing and Neighborhood Preservation 17,208,894 Fund 147 Appropriation Totals 17,208,894 149 Sheriffs Department Special Revenue Fund Reserve for Contingencies Sheriff and Corrections Transfer to Other Funds 150 Inmate Services Special Revenue Fund Sheriff and Corrections Transfer to Other Funds 151 Parks and Recreation Special Revenue Fund Debt Service Future C.I.P. Commitments Parks and Recreation Public Works Transfer to Other Funds 152 Tourism Investment Program Fund Convention and Visitor Bureau Cultural Affairs Debt Service Mass Transit Operations Parks and Recreation Public Works Reserve for Contingencies Strategic Growth Area Transfer to Other Funds 500,000 34,054,989 121 SSR Fund 149 Appropriation Totals 34,676,585 1,090,061 274,551 Fund 150 Appropriation Totals 1,364,612 563,591 4,531,592 25,848,177 2,413,510 .661 281 Fund 151 Appropriation Totals 33,718,151 157 Sandbridge Special Service District Spec Rev Fd Transfer to Other Funds 100,000 50,500 25,897,074 590,000 33,099 873,262 330,137 3,495,585 An1An11R Fund 152 Appropriation Totals 35,399,772 9; Al A IrIl Fund 157 Appropriation Totals 5,414,361 City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment A - Appropriations 161 Agriculture Reserve Program Special Revenue Fund Agriculture Debt Service Transfer to Other Funds Fund 161 Appropriation Totals FY 2011-12 Proposed 158,322 3,296,134 9 Rnn nnn R nod ARA 163 Tourism Advertising Program Special Revenue Fund Convention and Visitor Bureau 9,823,382 Transfer to Other Funds 56,838 Fund 163 Appropriation Totals 9,880,220 165 Lynnhaven Mall Tax Increment Financing Fund Tax Increment Financing 2,100,000 Fund 165 Appropriation Totals 2,100,000 166 Sandbridae Tax Increment Financing Fund Future C.I.P. Commitments 8,000,000 Transfer to Other Funds 281,671 Fund 166 Appropriation Totals 8,281,671 169 Central Business District -South TIF (Twn Cntr) Fd Debt Service 5,566,817 Future C.I.P. Commitments 511,788 Transfer to Other Funds 150,000 172 Open Space Special Revenue Fund Debt Service Parks and Recreation Public Works Transfer to Other Funds 173 Maior Projects Special Revenue Fund Transfer to Other Funds 174 Town Center Special Service District Parks and Recreation Town Center Special Tax District Transfer to Other Funds 180 Community Development Special Revenue Fund Housing and Neighborhood Preservation Transfer to Other Funds Fund 169 Appropriation Totals 6,228,605 2,456,342 463,486 15,300 9 pan nnn Fund 172 Appropriation Totals 5,275,128 R 1qQ nR7 Fund 173 Appropriation Totals 3,129,087 53,000 1,700,576 7QR RRA Fund 174 Appropriation Totals 2,052,140 2,185,615 128,858 Fund 180 Appropriation Totals 2,314,473 City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment A - Appropriations Fund 253 Appropriation Totals 3,302,991 255 Storm Water Utility Enterprise Fund Debt Service 2,484,430 Public Works 14,745,112 Reserve for Contingencies 283,384 Transfer to Other Funds 12,359,097 Fund 255 Appropriation Totals 29,872,023 FY 2011-12 Proposed 181 CD Loan and Grant Fund Debt Service 186,418 Housing and Neighborhood Preservation 904,107 Fund 181 Appropriation Totals 1,090,525 182 Federal Housing Assistance Grant Fund Housing and Neighborhood Preservation 1,658,628 Fund 182 Appropriation Totals 1,658,628 183 Grants Consolidated Fund Commonwealth's Attorney 309,299 Emergency Medical Services 375,000 Fire 757,260 Housing and Neighborhood Preservation 1,187,213 Human Services 2,261,788 Museums 31,000 Police 71,137 Public Works 15,000 Reserve for Contingencies 100,000 Transfer to Other Funds 400,000 Fund 183 Appropriation Totals 5,507,697 241 Water and Sewer Fund Debt Service 17,763,841 Public Utilities 75,443,342 Reserve for Contingencies 2,077,440 Transfer to Other Funds 17,943,400 Fund 241 Appropriation Totals 113,228,023 253 Parking Enterprise Fund Debt Service 725,012 Reserve for Contingencies 553,742 Strategic Growth Area 1,609,107 Transfer to Other Funds 415,130 Fund 253 Appropriation Totals 3,302,991 255 Storm Water Utility Enterprise Fund Debt Service 2,484,430 Public Works 14,745,112 Reserve for Contingencies 283,384 Transfer to Other Funds 12,359,097 Fund 255 Appropriation Totals 29,872,023 City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment A - Appropriations Fund 614 Appropriation Totals 11,488,946 FY 2011-12 Proposed 540 General Government Capital Projects Fund Building Capital Projects 1,016,000 Coastal Capital Projects 5,414,361 Communications and Information Technology Projects 4,884,162 Economic and Tourism Development Capital Projects 4,371,732 Parks and Recreation Capital Projects 4,437,089 Roadways Capital Projects 2,000,000 Fund 540 Appropriation Totals 22,123,344 541 Water and Sewer Capital Projects Fund Water and Sewer Capital Projects 8,000,000 Fund 541 Appropriation Totals 8,000,000 555 Storm Water Capital Projects Fund Storm Water Capital Projects 10,836,635 Fund 555 Appropriation Totals 10,836,635 604 Print Shop Internal Service Fund Communications and Information Technology 2,051,822 Reserve for Contingencies 325,832 Fund 604 Appropriation Totals 2,377,654 606 City Garage Internal Service Fund Public Works 9,370,974 Reserve for Contingencies 538,916 Fund 606 Appropriation Totals 9,909,890 607 Risk Management Internal Service Fund Director of Finance 11,528,230 Fund 607 Appropriation Totals 11,528,230 610 Capital Projects Internal Service Fund Communications and Information Technology 202,170 Director of Finance 58,578 Economic Development 72,297 Public Works 228,721 Fund 610 Appropriation Totals 561,766 613 School Landscaping Internal Service Fund Parks and Recreation 3,867,990 Fund 613 Appropriation Totals 3,867,990 614 School Risk Management Fund School Risk Management 11,488,946 Fund 614 Appropriation Totals 11,488,946 City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment A - Appropriations 615 City and School Health Insurance Fund City and School Health Insurance 616 Fuels Internal Service Fund Public Works Reserve for Contingencies 620 Telecommunications Internal Service Fund Communications and Information Technology Reserve for Contingencies 621 Subscriptions Internal Service Fund Communications and Information Technology 908 City Beautification Fund Parks and Recreation 909 Library Gift Fund Library 911 Parks and Recreation Gift Fund Parks and Recreation Total Budget Appropriations Less Internal Service Funds Less Interfund Transfers NET BUDGET APPROPRIATIONS FY 2011-12 Proposed Fund 615 Appropriation Totals 124,831,160 5,512,210 Fund 616 Appropriation Totals 5,745,684 2,104,344 Fund 620 Appropriation Totals 2,722,235 3,509,495 Fund 621 Appropriation Totals 3,509,495 72,500 Fund 908 Appropriation Totals 72,500 7,000 Fund 909 Appropriation Totals 7,000 Fund 911 Appropriation Totals 155,000 2,372,814,733 176, 543, 050 1,742,646,267 City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment B - Revenue 002 General Fund Revenue From Local Sources Automobile License Business License Charges for Services Cigarette Tax Fines and Forfeitures From the Use of Money and Property General Sales Tax Hotel Room Tax Miscellaneous Revenue Other Taxes Permits, Privilege Fees, and Regulatory Licenses Personal Property Real Estate Restaurant Meal Tax Utility Tax Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Specific Fund Reserves Transfers from Other Funds 098 School Reserve Special Revenue Fund Specific Fund Reserves FY 2011-12 Pronosed 9,275,877 41,342, 542 42,387,732 10, 872, 856 5,900,060 5,267,130 52,958,340 5,514,670 5,869,236 14,677,555 4,007,700 123,689,318 421,778,596 32,933,261 45,661,307 89, 898, 567 21,632,376 6,236,739 16,743,135 Fund 002 Revenue Totals 956,646,997 13,300,000 Fund 098 Revenue Totals 13,300,000 106 School Technology Category Special Revenue Fund Transfers from Other Funds 108 School Instructional Technology 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 Technology Fund Revenue From Local Sources From the Use of Money and Property Specific Fund Reserves 23,321,181 Fund 106 Revenue Totals 23,321,181 11,919,230 Fund 108 Revenue Totals 11,919,230 10,000 180,000 137,011 Fund 109 Revenue Totals 327,011 260,000 325,000 Fund 112 Revenue Totals 585,000 City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment B - Revenue 114 School Cafeteria Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Specific Fund Reserves 115 School Operating Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Miscellaneous Revenue Schools Risk Management Fund Revenue from the Commonwealth Other Sources from the Commonwealth State Shared Sales Tax Revenue from the Federal Government Transfers from Other Funds 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 Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Specific Fund Reserves 119 School Athletic Special Revenue Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Miscellaneous Revenue Specific Fund Reserves FY 2011-12 Proposed 14,240,472 36,000 140,000 330,000 12,596,628 353,432 Fund 114 Revenue Totals 27,696,532 2,159, 938 465,000 657,000 5,500,000 235,353,367 72,311, 348 16,636,723 347,861,667 Fund 115 Revenue Totals 680,945,043 2,970,691 15,158,419 78,758,402 Fund 116 Revenue Totals 96,887,512 100,000 10,000 1,671,771 8,490,000 Fund 117 Revenue Totals 10,271,771 494,000 45,000 4,202,085 200,000 Fund 119 Revenue Totals 4,941,085 City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment B - Revenue 130 Law Library Fund Revenue From Local Sources Charges for Services From the Use of Money and Property 142 DEA Seized Property Special Revenue Fund Specific Fund Reserves 147 Federal Section 8 Program Special Revenue Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Miscellaneous Revenue Revenue from the Federal Government Transfers from Other Funds 149 Sheriffs Department Special Revenue Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Specific Fund Reserves Transfers from Other Funds 150 Inmate Services Special Revenue Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Specific Fund Reserves 151 Parks and Recreation Special Revenue Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Miscellaneous Revenue Real Estate Revenue from the Commonwealth Other Sources from the Commonwealth Transfers from Other Funds Fund 130 Revenue Totals FY 2011-12 Proposed 270,000 7,800 277,800 200,000 Fund 142 Revenue Totals 200,000 15,000 10,165 30,000 17,078,042 75,687 Fund 147 Revenue Totals 17,208,894 2,720,608 2,500 10,000 17,607,506 901,155 851,612 12,583,204 Fund 149 Revenue Totals 34,676,585 967,519 15,000 382,093 Fund 150 Revenue Totals 1,364,612 11, 997,001 1,421,587 3,000 17,222,900 11,000 3,062,663 Fund 151 Revenue Totals 33,718,151 City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment B - Revenue 163 Tourism Advertising Program Special Revenue Fund Revenue From Local Sources Charges for Services 100,950 From the Use of Money and Property 48,442 Hotel Room Tax 4,986,076 Miscellaneous Revenue 40,000 Restaurant Meal Tax 4,704,752 165 Lynnhaven Mall Tax Increment Financing Fund Revenue From Local Sources Real Estate Specific Fund Reserves 166 Sandbridge Tax Increment Financing Fund Revenue From Local Sources From the Use of Money and Property Real Estate Specific Fund Reserves Fund 163 Revenue Totals 9,880,220 1,807,709 292,291 Fund 165 Revenue Totals 2,100,000 48,510 7,445,845 787,316 Fund 166 Revenue Totals 8,281,671 FY 2011-12 Proposed 152 Tourism Investment Program Fund Revenue From Local Sources Amusement Tax 5,339,451 Cigarette Tax 906,071 Fines and Forfeitures 972,755 From the Use of Money and Property 691,792 Hotel Room Tax 14,064,451 Permits, Privilege Fees, and Regulatory Licenses 72,091 Restaurant Meal Tax 9,974,074 Transfers from Other Funds 3,379,087 Fund 152 Revenue Totals 35,399,772 157 Sandbridge Special Service District Spec Rev Fd Revenue From Local Sources From the Use of Money and Property 20,000 Hotel Room Tax 80,000 Other Taxes 906,090 Real Estate 614,599 Specific Fund Reserves 1,934,567 Transfers from Other Funds 1;859,105 Fund 157 Revenue Totals 5,414,361 161 Agriculture Reserve Program Special Revenue Fund Revenue From Local Sources Real Estate 4,459,324 Specific Fund Reserves 1,595,132 Fund 161 Revenue Totals 6,054,456 163 Tourism Advertising Program Special Revenue Fund Revenue From Local Sources Charges for Services 100,950 From the Use of Money and Property 48,442 Hotel Room Tax 4,986,076 Miscellaneous Revenue 40,000 Restaurant Meal Tax 4,704,752 165 Lynnhaven Mall Tax Increment Financing Fund Revenue From Local Sources Real Estate Specific Fund Reserves 166 Sandbridge Tax Increment Financing Fund Revenue From Local Sources From the Use of Money and Property Real Estate Specific Fund Reserves Fund 163 Revenue Totals 9,880,220 1,807,709 292,291 Fund 165 Revenue Totals 2,100,000 48,510 7,445,845 787,316 Fund 166 Revenue Totals 8,281,671 City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment B - Revenue FY 2011-12 Proposed 169 Central Business District -South TIF (Twn Cntr) Fd Revenue From Local Sources From the Use of Money and Property 15,000 Hotel Room Tax 500,000 Real Estate 5,241,159 Specific Fund Reserves 472,446 Fund 169 Revenue Totals 6,228,605 172 Open Space Special Revenue Fund Revenue From Local Sources From the Use of Money and Property 47,090 Restaurant Meal Tax 4,140,181 Specific Fund Reserves 1,087,857 Fund 172 Revenue Totals 5,275,128 173 Maior Projects Special Revenue Fund Specific Fund Reserves 3,129,087 Revenue from the Federal Government Fund 173 Revenue Totals 3,129,087 174 Town Center Special Service District Fund 181 Revenue Totals 1,090,525 Revenue From Local Sources From the Use of Money and Property 5,475 Real Estate 1,689,868 Specific Fund Reserves 206,797 Transfers from Other Funds 150,000 Fund 174 Revenue Totals 2,052,140 180 Community Development Special Revenue Fund Revenue From Local Sources Charges for Services 60,000 Revenue from the Federal Government 1,675,775 Transfers from Other Funds 578,698 Fund 180 Revenue Totals 2,314,473 181 CD Loan and Grant Fund Non -Revenue Receipts 125,000 Revenue from the Federal Government 965,525 Fund 181 Revenue Totals 1,090,525 182 Federal Housing Assistance Grant Fund Non -Revenue Receipts 125,000 Revenue from the Federal Government 1,533,628 Fund 182 Revenue Totals 1,658,628 City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment B - Revenue 241 Water and Sewer Fund Non -Revenue Receipts FY 2011-12 Revenue From Local Sources Proposed 183 Grants Consolidated Fund 105,220,346 Revenue From Local Sources 941,491 Charges for Services 35,000 Revenue from the Commonwealth 3,361,943 Other Sources from the Commonwealth 2,948,705 Revenue from the Federal Government 2,113,722 Transfers from Other Funds 410,270 Fund 183 Revenue Totals 5,507,697 241 Water and Sewer Fund Non -Revenue Receipts 2,756,130 Revenue From Local Sources From the Use of Money and Property Charges for Services 105,220,346 From the Use of Money and Property 941,491 Miscellaneous Revenue 308,619 Specific Fund Reserves 3,361,943 Transfers from Other Funds 639,494 Fund 241 Revenue Totals 113,228,023 253 Parking Enterprise Fund Revenue From Local Sources Charges for Services 3,126,000 From the Use of Money and Property 67,000 Transfers from Other Funds 109,991 Fund 253 Revenue Totals 3,302,991 255 Storm Water Utilitv Enterprise Fund Revenue From Local Sources Charges for Services 27,695,768 From the Use of Money and Property 285,000 Transfers from Other Funds 1,891,255 Fund 255 Revenue Totals 29,872,023 540 General Government Capital Projects Fund Transfers from Other Funds 22,123,344 Fund 540 Revenue Totals 22,123,344 541 Water and Sewer Capital Projects Fund Transfers from Other Funds 8,000,000 Fund 541 Revenue Totals 8,000,000 555 Storm Water Capital Proiects Fund Transfers from Other Funds 10,836,635 Fund 555 Revenue Totals 10,836,635 604 Print Shop Internal Service Fund Revenue From Local Sources Charges for Services 2,375,154 From the Use of Money and Property 2,500 Fund 604 Revenue Totals 2,377,654 City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment B - Revenue FY 2011-12 Proposed 606 City Garage Internal Service Fund Revenue From Local Sources Charges for Services 9,909,890 Fund 606 Revenue Totals 9,909,890 607 Risk Management Internal Service Fund Revenue From Local Sources Charges for Services 9,161,698 Miscellaneous Revenue 15,000 Specific Fund Reserves 2,351,532 Fund 607 Revenue Totals 11,528,230 610 Capital Projects Internal Service Fund Revenue From Local Sources Charges for Services 561,766 Fund 610 Revenue Totals 561,766 613 School Landscaping Internal Service Fund Revenue From Local Sources Charges for Services 3,867,990 Fund 613 Revenue Totals 3,867,990 614 School Risk Management Fund Revenue From Local Sources Charges for Services 5,965,209 Miscellaneous Revenue 23,737 Specific Fund Reserves 5,500,000 Fund 614 Revenue Totals 11,488,946 615 City and School Health Insurance Fund Revenue From Local Sources Miscellaneous Revenue 107,161,957 Specific Fund Reserves 17,669,203 Fund 615 Revenue Totals 124,831,160 616 Fuels Internal Service Fund Revenue From Local Sources Charges for Services 5,745,684 Fund 616 Revenue Totals 5,745,684 620 Telecommunications Internal Service Fund Revenue From Local Sources Charges for Services 2,722,235 Fund 620 Revenue Totals 2,722,235 621 Subscriptions Internal Service Fund Revenue From Local Sources Charges for Services 2,622,515 Specific Fund Reserves 886,980 Fund 621 Revenue Totals 3,509,495 City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment B - Revenue FY 2011-12 908 City Beautification Fund Revenue From Local Sources Miscellaneous Revenue 72,500 Fund 908 Revenue Totals 72,500 909 Library Gift Fund Revenue From Local Sources Miscellaneous Revenue 911 Parks and Recreation Gift Fund Revenue From Local Sources Miscellaneous Revenue Total Budget Revenues Less Internal Service Funds Less Interfund Transfers NET BUDGET REVENUES 7,000 Fund 909 Revenue Totals 7,000 Fund 911 Revenue Totals 155,000 155,000 2,372,814,733 176,543,050 453,625,416 1,742,646,267 Item V.J. I. a. -26 - ITEM # 60897 1. Ordinances/Resolutions re FY 2011-12 RESOURCE MANAGEMENT PLAN Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: 2) Ordinance ESTABLISHING the Tax Levy of Eighty-nine (89) cents per $100 assessed valuation on real estate for FY 2012 Voting: 10-1 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill" DeSteph Council Members Absent: None Item V.J. I. a. May 10, 2011 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR FISCAL 2 YEAR 2012 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 4 5 Sec. 1. Amount of Levy on Real Estate. 6 There shall be levied and collected for fiscal year 2012 taxes for general purposes on all real estate, including all 7 separate classifications of real estate set forth in the Code of Virginia, not exempt from taxation and not otherwise provided 8 for in this ordinance, at the rate of eighty-nine cents ($0.89) on each one hundred dollars ($100) of assessed valuation 9 thereof. The real property tax rate that has been prescribed in this section shall be applied on the basis of one hundred 10 percentum of the fair market value of such real property, except for public service real property, which shall be on the basis 11 as provided in Section 58.1-2604 of the Code of Virginia. 12 13 Sec. 2. Amount of Levy on "Certified Pollution Control Equipment and Facilities" Classified as Real Estate, "Certified 14 Storm Water Management Developments and Property," "Certified Solar Energy Recycling Equipment, Facilities 15 or Devices" Classified as Real Estate, and "Environmental Restoration Sites," Real Estate Improved by Erosion 16 Controls, and Certain Wetlands and Riparian Buffers. 17 In accordance with Sections 58.1-3660 (A), 58.1-3660.1, 58.1-3661, 58.1-3664, 58.1-3665 and 58.1-3666 of the 18 Code of Virginia, there shall be levied and collected for general purposes for fiscal year 2012, taxes on all real estate (a) 19 certified by the Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities," (b) certified by the 20 Department of Environmental Quality as "Certified Storm Water Management Developments and Property," (c) certified as 21 provided by Code of Virginia Section 58.1-3661 as "Certified Solar Energy Equipment, Facilities or Devices," or "Certified 22 Recycling Equipment, Facilities or Devices," (d) defined by Code of Virginia Section 58.1-3664 as an "Environmental 23 Restoration Site," (e) improved to control erosion as defined by Code of Virginia § 58.1-3665, or (f) qualifying as wetlands 24 and riparian buffers as described by Code of Virginia § 58.1-3666, not exempt from taxation, at a rate of eighty-nine cents 25 ($0.89) on each one hundred dollars of assessed valuation thereof. The real property tax rates imposed in this section shall 26 be applied on the basis of one hundred percentum of fair market value of such real property except for public service 27 property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 28 29 Sec. 3. Amount of Levy on Real Estate Within the Sandbridge Special Service District. 30 There shall be levied and collected for fiscal year 2012, taxes for the special purpose of providing beach and 31 shoreline restoration and management at Sandbridge on all real estate within the Sandbridge Special Service District, not 32 exempt from taxation, at the rate of six cents ($0.06) on each one hundred dollars ($100) of assessed value thereof. This 33 real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this ordinance. For real property 34 that qualifies for Land Use Assessment pursuant to Division 2 of Chapter 35 of the City Code or Exemption Deferral or 35 Freeze for Elderlv and Disabled Persons, pursuant to Division 3 of Chapter 35 of the City Code this real estate tax rate shall 36 be applied in the same manner as the real estate tax rate set forth in Section 1 of this ordinance The real estate tax rate 37 imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real property 38 except for public service real property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 39 40 Sec. 4. Amount of Levy on Real Estate Within the Town Center Special Service District. 41 For the special purpose of operating and maintaining the parking garage and providing enhanced services for the 42 plaza and public spaces within the boundaries of the service district at the Town Center, as well as other additional services 43 authorized by Virginia Code § 15.2-2403, there shall be levied and collected for fiscal year 2012, taxes on all real estate 44 within the Town Center Special Service District, not exempt from taxation, at the rate of forty-five cents ($0.45) on each one 45 hundred dollars ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax set forth 46 in Section 1 of this ordinance. For real property that qualifies for Land Use Assessment pursuant to Division 2 of Chapter 47 35 of the City Code. or Exemption, Deferral or Freeze for Elderly and Disabled Persons pursuant to Division 3 of Chapter 35 48 of the City Code, this real estate tax rate shall be applied in the same manner as the real estate tax rate set forth in Section 49 1 of this ordinance. The real estate tax rate imposed herein shall be applied on the basis of one hundred percentum of the 50 fair market value of such real property, except for public service real property, which shall be on the basis as provided in 51 Section 58.1-2604 of the Code of Virginia. 52 53 Sec. S. Amount of Levy on "Energy -Efficient Buildings". 54 In accordance with Section 58.1-3221.2 of the Code of Virginia and any relevant section of the City Code, there 55 shall be levied and collected for general purposes for the fiscal year 2012, taxes on all real estate that has been classified as 56 an energy efficient building, not exempt from taxation, at a rate of seventy-four cents ($0.74) on each one hundred dollars 57 of assessed valuation thereof. The real property tax rate imposed in this section shall be applied on the basis of one 58 hundred percentum of fair market value of such real property except for public service property, which shall be on the basis 59 as provided in Section 58.1-2604 of the Code of Virginia. 60 61 Sec. 6. Severability. 62 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not 63 affect the validity of the remaining portions of this ordinance. 64 65 Sec. 7. Effective Date. 66 The effective date of this ordinance shall be July 1, 2011. 67 68 Adopted by the City Council of the City of Virginia Beach, Virginia on this 101h day of May, 2011. 69 70 Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �l Management Services 1 's ffice Item V.JLa. -27 - ITEM # 60898 1. Ordinances/Resolutions re FY 2011-12 RESOURCE MANAGEMENT PLAN Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, AS REVISED: 3) Ordinance ESTABLISHING the tax levy of Three Dollars and Seventy Cents ($3.70) per $100 of assessed valuation on personal property and One Millionth of a Cent (0.000001) per $100 of assessed valuation on machinery and tools for the Calendar Year 2012 Voting: 10-1 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.- William ay: William R. "Bill" DeSteph Council Members Absent.- None bsent: None May 10, 2011 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL 2 PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR 3 2012 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 6 Sec. 1. Amount of Levy on the General Classification of Tangible Personal Property. 7 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and collected for general 8 purposes for the calendar year 2012 on all tangible personal property, including all separate classifications of personal 9 property set forth in the Code of Virginia, not exempt from taxation and not otherwise provided for in this ordinance, at the 10 rate of three dollars and seventy cents ($3.70) on each one hundred dollars ($100) assessed valuation thereof. 11 12 Sec. 2. Personal Property Tax Relief. 13 As required by § 58.1-3523 of the Code of Virginia, qualifying vehicles (as defined by § 58.1-3523), not otherwise 14 exempted from taxation in this ordinance or by law, shall be subject to the following: 15 1 Any qualifying -vehicle with a total assessed value of $1,000 or less will be levied no tax. 16 2. Any qualifying vehicle with an assessed value of between $1,001 and $20,000 will be levied 34.0% 38 -OA of 17 the computed tax based on the total assessed value of the vehicle. Reimbursement is expected from the state under the 18 Personal Property Tax Relief Act equal to the remaining 66.0% 740A of the computed tax on the first $20,000 of assessed 19 value. 20 3. Any qualifying vehicle with an assessed value of over $20,000 will be levied 34.0% -30-0/,-30-0/,of8of the computed tax 21 based on the first $20,000 of assessed value and 100% of the computed tax based on the assessed value in excess of 22 $20,000. Reimbursement is expected from the state under the Personal Property Tax Relief Act equal to the remaining 23 66.0% 741/, of the computed tax on the first $20,000 of assessed value. 24 4. Pursuant to authority conferred in Item 503.D of the 2005 Virginia Appropriations Act, the City Treasurer is 25 authorized to issue a supplemental personal property tax bill, in the amount of 100% of the tax due without regard to any 26 former entitlement to state relief, plus applicable penalties and interest, to any taxpayer whose taxes with respect to a 27 qualifying vehicle for tax year 2005 or any prior tax year remain unpaid on September 1, 2006, or such earlier date as 28 reimbursement with respect to such bill is no longer available from the Commonwealth, whichever earlier occurs. 29 Penalties and interest with respect to bills issued pursuant to this section shall be computed on the entire amount of tax 30 owed. Interest shall be computed from the original due date of the tax. 31 32 Sec 3 Amount of Levy on Certain Classifications of Tangible Personal Property 33 In accordance with Chapter 35 of Title S8.1 of the Code of Virginia taxes shall be levied and collected for general_ 34 purposes for the calendar year 2012 on the certain classifications of tangible personal property set forth below at the rate 35 of three dollars and seventy cents ($3.70) on each one hundred dollars ($100) assessed valuation thereof. 36 a. heave construction equipment as described in Code of Virginia § 58.1-3506 (A) (8); 37 b. computer equipment as described in Code of Virginia § 58.1-3506 (A) (11),- 38 c. tangible personal property as described in (a) Code of Virginia § 58.1-3506 as "certified pollution control 39 equipment and facilities" and (b) Code of Virginia § 58.1-3661 as "certified solar equipment, facilities or devices and 40 certified recycling equipment facilities or devices"; 41 d. furniture office and maintenance equipment as described in Code of Virginia § 58.1-3506 (A) (24); 42 e. all tangible personal property em to ed in a trade or business other than described in subdivisions A 1 43 through A 18 except for subdivision A 17 of § 58.1-3503 as described in Code of Virginia § 58.1-3506 (A) (26); 44 f. programmable computer equipment and peripherals employed in a trade or business ad described in Code of 45 Virginia § 58.1-3506 (A) (27)- 46 g. tangible personal property used in the provision of internet service as described in Code of Virginia § 58-1- 47 3506 (A) (31); 48 h. forest harvesting and silvicultural activity as described in Code of Virginia § 58 1 3506 (A) (33); 49 i. equipment used primarily for research, development, production or provision of biotechnology as described in 50 Code of Virginia § 58-1-3506 (A) (34); 51 j. tangible personal property which is owned and operated by a service provider who is not a CMRS provider and 52 is not licensed by the FCC used to provide for a fee wireless broadband internet service as described in Code of Virgi nia § 53 58-1-3506(A)(37). 54 55 Sec. 34. Amount of Levy on Manufactured Homes. 56 There shall be levied and collected for general purposes for the calendar year 2012 taxes on all vehicles without 57 motive power, used or designated to be used as manufactured homes, as defined by Section 36-85.3 of the Code of 58 Virginia, at the rate of eighty-nine cents ($0.89) on each one hundred dollars ($100) of assessed valuation thereof. Such 59 property declared a separate class of tangible personal property in Section 58.1-3506 (A) (10). 60 61 Sec. 4-5. Amount of Levy on All Boats or Watercraft Used for Business Purposes Only. 62 There shall be levied and collected for general purposes for the calendar year 2012 taxes on all boats or watercraft 63 used for business purposes (both boats weighing less than five (5) tons and boats weighing five (5) tons or more), except as 64 provided for in Section 8 g of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars 65 ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal property in Sections 66 58.1-3506 (A) (35) and (A) (36). 67 68 Sec.156. Amount of Levy on All Boats or Watercraft Not Used Solely for Business Purposes. 69 There shall be levied and collected for general purposes for the calendar year 2012 taxes on all boats or watercraft 70 not used solely for business purposes weighing less than five (5) tons, and weighing five (5) tons or more, except as 71 provided for in Section 8 6 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars 72 ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal property in Sections 73 58.1-3506 (A) (1) (a) and (A) (1) (b). 74 75 Sec. 67. Amount of Levy on Machinery and Tools. 76 In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected for general 77 purposes for the calendar year 2012 taxes on machinery and tools, including machinery and tools used directly in the 78 harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at the rate of eRe dell^F ($1 .904 79 one millionth of one cent ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. As provided by 80 Code of Virginia § 58.1-3506 (B), the following personal property shall also be taxed atthe rate of machinery and tools: 81 a. all tangible personal property used in research and development businesses, as described in Code of 82 Virginia § 58.1-3506 (A) (7); 83 b. generating or cogenerating equipment, as described in Code of Virginia § 58.1-3506 (A) (9); and 84 c. all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more used to 85 transport property for hire by a motor carrier engaged in interstate commerce, as described in Code of Virginia § 58.1-3506 86 (A) (25). 87 88 Sec. -78. Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only. 89 There shall be levied and collected for general purposes for the calendar year 2012 taxes on all privately owned 90 pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent ($.000001) on 91 each one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal 92 property in Sections 58.1-3506 (A) (12), (A) (28), and (A) (29). 93 94 Sec. 89. Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers, and Motor Homes Used 95 for Recreational Purposes Only, and Privately Owned Horse Trailers. 96 There shall be levied and collected for general purposes for the calendar year 2012 taxes at the rate of one dollar 97 and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof on the following property: (a) all 98 privately owned camping trailers and motor homes as defined in Section 46.2-100 of the Code of Virginia and privately 99 owned travel trailers as defined in Code of Virginia § 46.2-1900, that are used for recreational purposes only; and (b) 100 privately owned trailers as defined in § 46.2-100 of the Code of Virginia that are designed and used for the transportation of 101 horses, except those trailers described in subdivision (A) (11) of § 58.1-3505 of the Code of Virginia. Such property 102 declared a separate class of tangible personal property in Sections 58.1-3506 (A) (18) and (A) (30). 103 104 Sec. 810. Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran. 105 There shall be a reduced tax, levied and collected for general purposes for the calendar year 2012 at the rate of 106 one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation, on one (1) motor vehicle owned 107 and regularly 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 108 blind, or who is permanently and totally disabled as certified by the Department of Veterans' Affairs. Any motor vehicles in 109 addition to the one (1) so taxed shall not qualify for the taxation at the rate established herein, and shall be taxed at the 110 rate or rates applicable to that class of property. To qualify, the veteran shall provide a written statement to the 111 Commissioner of the Revenue from the Department of Veterans' Affairs that the veteran has been so designated or 112 classified by the Department of Veterans' Affairs as to meet the requirements of Section 58.1-3506 (A) (19), and that his or 113 her disability is service connected. Such property declared a separate class of tangible personal property in Section 58.1- 114 3506 (A) (19). 115 116 Sec.191. Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least Sixty-Five 117 Years of Age or Anyone Found to be Permanently and Totally Disabled. 118 a. In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia, there shall be a reduced tax, levied and 119 collected for general purposes for calendar year 2012, at the rate of three dollars ($3.00) on each one hundred dollars 120 ($100.00) of assessed valuation, on one (1) automobile or pickup truck owned and used primarily by or for anyone at least 121 sixty-five years of age or anyone found to be permanently and totally disabled, as defined in Section 58.1-3506.3 of the 122 Code of Virginia, subject to the following conditions: 123 1. The total combined income received, excluding the first $7,500 of income, from all sources during 124 calendar year 2011 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars ($22,000). 125 2. The owner's net financial worth, including the present value of all equitable interests, as of December 126 31 of calendar year 2011, excluding the value of the principal residence and the land, not exceeding one (1) acre, upon 127 which it is situated, shall not exceed seventy thousand dollars ($70,000). 128 3. All income and net worth limitations shall be computed by aggregating the income and assets, as the 129 case may be, of a husband and wife who reside in the same dwelling and shall be applied to any owner of the motor vehicle 130 who seeks the benefit of the preferential tax rate permitted under this ordinance, irrespective of how such motor vehicle 131 may be titled. 132 b. Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or over or if 133 either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have been satisfied. 134 135 Sec. 1-12. Assessed Value Determination. 136 In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the above sections 137 shall be assessed at actual fair market value, to be determined by the Commissioner of the Revenue for the City of Virginia 138 Beach. 139 140 Sec. 1-23. Severability. 141 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not 142 affect the validity of the remaining portions of this ordinance. 143 144 Sec. 1-34. Effective Date. 145 This ordinance shall be effective January 1, 2012. 146 147 Adopted by the Council of the City of Virginia Beach, Virginia, on this 10`h day of May, 2011. 148 149 Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: t . i y Atto y' O ice Item V.J.I.a. -28 - ITEM # 60899 1. Ordinances/Resolutions re FY 2011-12 RESOURCE MANAGEMENT PLAN Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: 4) Ordinance AUTHORIZING the City Manager to submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development (HUD) Voting: 10-1 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill" DeSteph Council Members Absent: None May 10, 2011 I AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO SUBMIT AN 2 ANNUAL FUNDING PLAN TO THE U.S. DEPARTMENT OF HOUSING 3 AND URBAN DEVELOPMENT 4 WHEREAS, the United States Congress has established legislation designated as the Housing and Community 5 Development Act of 1974 that sets forth the development of viable urban communities as a national goal; 6 7 WHEREAS, there is federal assistance available for the support of Community Development and Housing activities 8 directed toward specific objectives, such as eliminating deteriorated conditions in low and moderate income 9 neighborhoods that are detrimental to the public health, safety, and welfare, as well as improving the City's housing stock 10 and community services, along with other related activities; and 11 12 WHEREAS, as a prerequisite to receiving the above -referenced federal assistance, the City of Virginia Beach has 13 developed an Annual Funding Plan for submission to the Department of Housing and Urban Development and has created 14 the necessary mechanisms for its implementation in compliance with federal and local directives. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 17 18 That the City Manager is hereby authorized and directed, as the executive and administrative head of the City, to 19 submit the City's FY 2011-12 Annual Funding Plan (the "Plan") and amendments thereto, along with understandings and 20 assurances contained therein and such additional information as may be required, to the Department of Housing and Urban 21 Development to permit the review, approval, and funding of the Plan. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia, on this 101h day of May, 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 0 Management Services el s Office Item V. J.1. a. -29 - ITEM # 60900 1. Ordinances/Resolutions re FY 2011-12 RESOURCE MANAGEMENT PLAN Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: S) Ordinance DECLARING $8,000,000 within the Sandbridge Tax Increment Financing District (TIF) as surplus in FY2011-12 Operating Budget Voting: 10-1 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill" DeSteph Council Members Absent: None May 10, 2011 1 AN ORDINANCE TO DECLARE $8,000,000 OF FUNDING WITHIN THE 2 SANDBRIDGE TAX INCREMENT FINANCING DISTRICT AS SURPLUS 3 FUNDS IN THE FY 2010-11 OPERATING BUDGET 4 WHEREAS, the Sandbridge Tax Increment Financing District (Sandbridge TIF) and the Sandbridge Special Service 5 District (Sandbridge SSD), were established to provide a funding source for beach and shoreline restoration and 6 management at Sandbridge; 7 8 WHEREAS, an analysis of the Sandbridge TIF and the Sandbridge SSD occurs annually to ensure that funding is 9 adequate for long-term beach and shoreline restoration and management along Sandbridge; 10 11 WHEREAS, current projections indicate that the Sandbridge TIF and Sandbridge SSD have sufficient funding to 12 meet long-term obligations for beach and shoreline restoration and management; 13 14 WHEREAS, projections also indicate that the funding available exceeds the long-term obligations of the project; 15 and 16 17 WHEREAS, $ 8,000,000 is available as an unencumbered appropriation in the FY 2010-11 Sandbridge TIF Reserve 18 for Future Commitments. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 21 22 (1) That $ 8,000,000 of funding within the Sandbridge TIF is hereby declared to be in excess of the long-term 23 obligations for beach and shoreline restoration and management and is hereby declared surplus. 24 25 (2) That $ 8,000,000 is hereby transferred within the FY 2010-11 Operating Budget from the Sandbridge TIF to 26 the General Fund — Unappropriated Real Estate Tax Revenues. 27 28 BE IT FURTHER ORDAINED: That this ordinance shall be effective on June 30, 2011. 29 30 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 101h day of May, 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services City Al y's ice Item V. J.1. a. -30 - ITEM # 60901 1. Ordinances/Resolutions re FY 2011-12 RESOURCE MANAGEMENT PLAN Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: 6) Ordinance AMENDING the City Code re the Equivalent Residential Unit (ERU) fee Rate: 2011 @ $0.316 2012 @ $0.366 2013 @ $0.416 Voting: 10-1 (By Consent) Council Members Voting Aye.- Rita ye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.- William ay: William R. "Bill" DeSteph Council Members Absent: None May 10, 2011 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE EQUIVALENT 2 RESIDENTIAL UNIT (ERU) FEE 3 SECTION AMENDED: § 32.5-2 WHEREAS, City Council held public hearings on the program to provide for public comment; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That section 32.5-2 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained to read as follows: Sec. 32.5-2. Definitions. The following words and terms used in this section shall have the following meanings: (a) Equivalent residential unit or ERU means the equivalent impervious area of a single-family residential developed property per dwelling unit located within the city based on the statistical average horizontal impervious area of a single-family residence in the city. An equivalent residential unit (ERU) equals two thousand two hundred sixty-nine (2,269) square feet of impervious surface area. (b) ERU rate means the utility fee charged on an equivalent residential unit, which shall be twenty and ^^^ tenth cents ($0.201) peF day, e4ective july 1, 2008; twenty twe and one teRth Gents ($0.221) peF , e4ective july 1, 2009, and twenty fOUF and one tenth eents ($0.241) peF day, effeGtiye july , thirty-one and six -tenth cents ($0.316) per day, effective July 1, 2011; thirty-six and six -tenth cents ($0.366) per day, effective July 1, 2012, and forty-one and six -tenth cents ($0.416) per day, effective July 1, 2013. BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on this 101h day of May, 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services Cit ey' ffice Item V.J. 1. a. -31- Item 31- ITEM # 60902 1. Ordinances/Resolutions re FY 2011-12 RESOURCE MANAGEMENT PLAN Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT. 7) Ordinance ESTABLISHING the Tourism Investment Program (TIP) and Consolidating the Major Projects and Tourism Growth and Investment Funds (TGIF) into the Tourism Investment Program Fund for FY 2011-12 Operating Budget Voting: 10-1 (By Consent) Council Members Voting Aye.- Rita ye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.- William ay: William R. "Bill" DeSteph Council Members Absent: 1� May 10, 2011 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 AN ORDINANCE ESTABLISHING THE TOURISM INVESTMENT PROGRAM (TIP) FUND AND CONSOLIDATE THE MAJOR PROJECTS AND TOURISM GROWTH AND INVESTMENT (TGIF) FUNDS INTO THE TOURISM INVESTMENT PROGRAM FUND IN THE FY 2011-12 OPERATING BUDGET WHEREAS, the Tourism Growth and Investment (TGIF) fund was established in FY 1993-94 to provide funding for tourism related capital projects and initiatives with dedicated revenue streams of ten cents of the Amusement Tax, two cents of the Hotel Room Tax and one-half cent of the Hotel Room Tax for Beach Events, as well as other miscellaneous tourism related revenue; and WHEREAS, the Major Projects fund was established in FY 2001-02 to provide funding for the rebuilding of the Convention Center, the Sandler Center for the Performing Arts and the expansion of the Virginia Aquarium parking facilities with dedicated revenue streams of 80% of the Amusement tax diverted from TGIF, 2.5 cents of the Hotel Room Tax, 0.56 cents of the Restaurant Meal Tax and 5 cents of the Cigarette Tax; and WHEREAS, consolidation provides the necessary opportunities for future Strategic Growth Areas as well as Economic Development projects while continuing to cover the debt obligations and operating programs previously authorized by City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: (1) That the Tourism Investment Program (TIP) fund is hereby created to consolidate the Tourism Growth and Investment (TGIF) and Major Projects funds; (2) That the dedicated revenue streams of both the Tourism Growth and Investment (TGIF) fund and Major Projects funds are hereby dedicated to the Tourism Investment Program (TIP) fund beginning in the FY 2011-12 Operating Budget; (3) That all programs and currently supported initiatives of both the Tourism Growth and Investment (TGIF) fund and Major Projects fund are hereby supported by the Tourism Investment Program (TIP) fund beginning in the FY 2011-12 Operating Budget. BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2011. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 101h day of May, 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I,- ,9 , - Management Services r ffi Item V J.1. a. -32 - ITEM # 60903 1. Ordinances/Resolutions re FY 2011-12 RESOURCE MANAGEMENT PLAN Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT. 8) Ordinance AMENDING Section 4-1.1 re permit processing fees Voting: 10-1 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill" DeSteph Council Members Absent: None May 10, 2011 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 AN ORDINANCE TO AMEND SECTION 4-1.1 OF THE CITY CODE PERTAINING TO PERMIT PROCESSING FEES SECTION AMENDED: §4-1.1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 4-1.1 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Sec. 4-1.1. Permit processing fee. A nonrefundable processing fee,, ams; shall be submitted with the completed application for a special event. The fee shall be used to defray the administrative expenses associated with processing the permit. The amount of the nonrefundable permit processing fee shall be established by the City Manager or his designee. (0 No fee shall be required to process a permit for a scheduled public gathering not requiring street closure, held for noncommercial purposes, in exercise of the right of expressive activity. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 101h day of May, 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services Cit n s ice Item V J.1. a. -33 - ITEM # 60904 1. Ordinances/Resolutions re FY 2011-12 RESOURCE MANAGEMENT PLAN Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, 9) SUBSTITUTE ORDINANCE ESTABLISHING the Solid Waste Management fee for services of solid waste collection, management, recycling and disposal of Solid Waste, Recyclable Materials and other Refuse at Ten Dollars ($10) per month, effective January 12, 2012 Voting: 10-1 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill" DeSteph Council Members Absent: None May 10, 2011 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 AN ORDINANCE TO ESTABLISH THE SOLID WASTE MANAGEMENT FEE TO BE CHARGED BY THE CITY OF VIRGINIA BEACH FOR THE SERVICES OF SOLID WASTE COLLECTION, MANAGEMENT, AND DISPOSAL OF SOLID WASTE AND OTHER REFUSE WHEREAS, under Virginia Code § 15.2-928, the City Council of the City of Virginia Beach, Virginia, is authorized to impose fees for providing the services to its residents of collection, management, and disposal of solid waste, recyclable materials, and other refuse; and WHEREAS, the City held public hearings on this fee to provide public comment; and WHEREAS, the City Council of the City of Virginia Beach, Virginia, desires to impose a fee for providing solid waste collection, management, and disposal; and WHEREAS, the City Council desires to have a fiscally responsible solution to solid waste collection, management, and disposal; and WHEREAS, the City Council desires Staff study the feasibility of establishing an enterprise fund within the City's accounting structure as soon as possible. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: A. That rates to be charged for access to the service of solid waste collection, management, and disposal of solid waste materials, and other refuse shall be as follows: 1. A waste collection fee of $10.00 per month shall be charged to each occupied dwelling unit eligible for, and each participating church receiving, City trash collection services in accordance with City Code Chapter 31. 2. The foregoing fee shall become effective on January 1, 2012. B. That, subject to appropriation, the revenues generated from the Waste Collection Fee set forth above shall be directed to City Solid Waste collection, management, and disposal. C. That the City Manager is to provide a report to City Council discussing the feasibility of the establishment of an enterprise fund for Solid Waste Management for the FY 2013 Budget Year. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 10`h day of May, 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 Mana eme t Sery ces "� g City Attome' s ffice Item V. J.1. a. -34 - ITEM # 60905 1. Ordinances/Resolutions re FY 2011-12 RESOURCE MANAGEMENT PLAN Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, 10) ORDINANCE, ESTABLISHING a City Council Policy for the Neighborhood Dredging Program Voting: 10-1 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill" DeSteph Council Members Absent: None May 10, 2011 1 AN ORDINANCE TO ADOPT THE CITY COUNCIL POLICY FOR THE 2 NEIGHBORHOOD DREDGING PROGRAM 3 WHEREAS, The difficulty of removing sediment of the navigation channels within the City's various bays and river 4 basins has negatively impacted the waterfront owners' ability to optimize use of their properties; and 5 6 WHEREAS, the City would like to partner with waterfront property owners in order to dredge these channels for 7 the betterment of these property owners and the City as a whole. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 10 11 That the City Council does hereby adopt the City Council Policy entitled "Neighborhood Dredging Program." 12 13 Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of May, 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services ` for ff e G1N� ..B�c 04 UW - City Council Policy ��. o / 2 op oUR NPT�oa Title: Neighborhood Dredging Program Index Number: Date of Adoption: 5/10/2011 Date of Revision: Page: 1 of 2 1.0 Purpose and Need For well over a decade, the difficulty in removing sediment of the navigation channels within the City's various bays and river basins has negatively impacted the waterfront homeowners' ability to optimize use of their properties. In addition, water quality and habitat have been severely impacted due to the siltation of the bottomland of those bays and rivers. The purpose of this policy is to establish a neighborhood dredging program that would be funded by a partnership between the City and neighborhood residents to ensure that the Lynnhaven River, Rudee Inlet, the Elizabeth River, Broad Bay, and Linkhorn Bay navigation channels are adequately dredged. 2.0 Policy It is the policy of the City Council that whenever practicable the navigation channels within the Lynnhaven River basin, the Rudee Inlet basin, the Elizabeth River basin, Broad Bay, and Linkhorn Bay will be maintained in navigable condition through a partnership between the City and homeowners whose properties are contingent to the waterways. 3.0 Procedure to Accomplish Policy 3.1 City Council will establish neighborhood dredging Special Service Districts (SSD) as they are requested by those neighborhoods adjoining the Lynnhaven River, Rudee Inlet, the Elizabeth River, Broad Bay, and Linkhorn Bay. The neighborhood participation percentage will be a minimum of 80% of properties adjacent to the waterways before establishing an SSD. 3.2 The total period for each SSD will be 16 years. Individual SSD tax rates will be computed based on the cost of dredging the neighborhood channels. 3.3 The City will be responsible for the main channels and spur channels off a main channel, the neighborhoods will be responsible for those channels that serve a collective neighborhood, and property owners will be responsible for private (individual) channels and dock basins that serve individual properties. 3.4 The City's portion of the cost of dredging the channels will be paid for through the General Fund. The neighborhood dredging project will require initial City funding, but over the 16 -year dredging period the SSD will pay for the entire cost of the neighborhood dredging except private channels and dock basins and will reimburse the City for any upfront costs. 4.0 Responsibility and Authority 4.1 For each neighborhood dredging project, the Department of Public Works is responsible for identifying those channels that are the City's responsibility, providing the Department of Management Services with the information needed to determine the City's cost of providing dredging service to those channels, and working with the respective neighborhoods to accomplish the necessary dredging. 4.2 The Department of Management Services will provide analysis to determine the cost to the City for each neighborhood dredging project and how that cost will be funded, prepare the necessary documents requesting City Council approval of the project and establishment of the associated SSD, and following City Council approval will ensure that the funds representing the City's portion of the cost of the project will be appropriated in a special reserve. 4.3 Any funding for this policy shall be subject to annual appropriation and/or Council authorized issuance of debt. 5.0 Definitions Main Channels: The primary channels connecting directly to the Lynnhaven River basin, the Rudee Inlet basin, the Elizabeth River basin, Broad Bay, and Linkhorn Bay. Navigation Channel: For purposes of this policy, a channel in the Lynnhaven River basin, the Rudee Inlet basin, the Elizabeth River basin, Broad Bay, and Linkhorn Bay that is deep enough to enable boats to pass through. Neighborhood Channel: A system of channels within an estuary to a main channel that serves as a collective access channel for one neighborhood. Private (Individual) Channel: An access channel leading from private property and improvements to a neighborhood channel. Special Service District: A defined geographical area of the City where special services are rendered and the costs of those special services are paid from revenues collected from service charges imposed within that area as authorized by §§15.2-2400, et seq. of the Code of Virginia. Spur Channel: That portion of a navigation channel leading from a main channel to a neighborhood channel system that is adopted as a designated City channel, which may serve more than one neighborhood. Approved as to Content: Director of Management Services Date Approved as to Legal Sufficiency: City Attorney Date Approved: Deputy City Manager Date Approved: City Manager Date Approved: Mayor Date Item VA I. a. -35 - ITEM # 60906 1. Ordinances/Resolutions re FY 2011-12 RESOURCE MANAGEMENT PLAN Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, 11) Resolution AUTHORIZING the City Manager to APPOINT a committee to guide the implementation of the Business License Incentive program Voting: 10-1 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill " DeSteph Council Members Absent.• None May 10, 2011 1 A RESOLUTION TO STUDY THE IMPLEMENTATION OF BUSINESS 2 INCENTIVE PROGRAM 3 WHEREAS, in the Council Legislative Action package, the City Council requested authority to establish a Business 4 License Incentive Program to allow all new businesses in Virginia Beach to be exempted from the Business Professional 5 Occupancy License Tax for two years; 6 7 WHEREAS, the General Assembly passed House Bill 1587 authorizing the aforementioned program; 8 9 WHERAS, the City Manager's proposed FY 2011-12 Operating Budget reflects a reduction in the Business 10 Professional Occupancy License Tax; and 11 12 WHEREAS, several issues regarding the administration of the program, including the crafting of an ordinance, need 13 to be addressed prior to the program becoming effective. 14 15 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 16 17 That the City Council directs the City Manager to appoint a committee to guide the implementation of the Business 18 License Incentive Program. 19 20 BE IT FURTHER RESOLVED: That FY 2011-12 estimated revenue of the Business Professional Occupancy License Tax 21 has been reduced by $500,000, as reflected in the Proposed FY 2011-12 Operating Budget. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia, on the 10`h day of May, 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: f - Management Services City A orne ' 6ffice Item V J. I. a. -36 - ITEM # 60907 1. Ordinances/Resolutions re FY 2011-12 RESOURCE MANAGEMENT PLAN Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, 12) Ordinance AMENDING the City Code, Section 2-208.1, to ESTABLISH reasonable charges for the Reissuance of Paperwork and Checks Voting: 10-1 (By Consent) Council Members Voting Aye.- Rita ye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. - William R. "Bill " DeSteph Council Members Absent: None May 10, 2011 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 AN ORDINANCE TO ADD CITY CODE SECTION 2-208.1 TO ESTABLISH REASONABLE CHARGES FOR THE REISSUANCE OF PAPERWORK AND CHECKS WHEREAS, the Finance Department currently processes checks, tax forms and vehicle titles to individuals and businesses for the City of Virginia Beach; and WHEREAS, a fee for reissuing lost checks and tax forms to individuals and businesses will improve efficiency within the Finance Department; and WHEREAS, a check pick up fee will reduce interruptions and deter traffic in and out of the office; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That section 2-208.1 is hereby added to the City Code of Virginia Beach, Virginia, to read as follows: Section 2-208.1 Reasonable Charges for the Reissuance of Paperwork and Checks. u The director of finance or designee shall impose the following fees for additional services to recover the reasonable administrated costs associated with each activity: (1.) Fifteen (15) dollars for the reissuance of a check that was lost and requires reissuance not due to the fault of the City; (2.) Fifteen (15) dollars for the holding of a check for pick-up in lieu of mailing; (3.) Fifteen (15) dollars for the reissuance of an IRS Form 1099 that was lost and requires reissuance not due to the fault of the City. ll The charges provided in subsection (a) shall not apply to the reissuance or pick-up of checks issued as part of the City's employee payroll activities. BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2011. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 10th day of May, 2011. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: T---)v� 't Offi e Item V J.1. a. -37 - ITEM # 60908 1. Ordinances/Resolutions re FY 2011-12 RESOURCE MANAGEMENT PLAN Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, 13) Ordinance AMENDING the City Code, Section 2-214.1, to ESTABLISH a charge for the Reissuance of Surplus Vehicle Title Voting: 10-1 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill " DeSteph Council Members Absent: None May 10, 2011 1 2 3 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE TO AMEND THE CITY CODE SECTION 2-214.1 TO ESTABLISH A CHARGE FOR THE REISSUANCE OF SURPLUS VEHICLE TITLE WHEREAS, the Finance Department currently processes checks, tax forms and vehicle titles to individuals and businesses for the City of Virginia Beach; and WHEREAS, a fee for reprocessing a vehicle title after buyer loss will improve efficiency; and WHEREAS, the cost to reissue a title for a surplused vehicle to the same owner after the owner purchase requires administrative support, record retrieval and review and processing time and effort NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That section 2-214.1 of the City Code of Virginia Beach, Virginia is hereby amended and reordained to read as follows: (a) The purchasing division of the department of finance shall be responsible for the purchase or lease of all goods, and the purchase of all services and construction, for all city departments and agencies exclusive of the city school system. In addition, the division shall be responsible for centralized control and disposal of excess, obsolete and salvageable materials and equipment. In the event that a surplus vehicle is sold and the original title transferred had been lost not due to the fault of the City, the director of finance or designee shall impose a fee for additional services to recover the administrative costs associated with the reissuance of the vehicle(s) title in the amount of fifty (50) dollars per reissued title. BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2011. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 101h day of May, 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services City A n 's Office Item V.J. I. a. ITEM # 60909 1. Ordinances/Resolutions re FY 2011-12 RESOURCE MANAGEMENT PLAN Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT. 14) Ordinance ADOPTING a Policy for Management of the City's General Obligation Debt Voting: 10-1 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill " DeSteph Council Members Absent: None May 10, 2011 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO ADOPT A POLICY FOR MANAGEMENT OF GENERAL OBLIGATION DEBT WHEREAS, to help manage long-term general obligations, it is desireable to have a policy with guidelines and restrictions that affect the amount and type of debt issued. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council does hereby adopt guidelines and limits as noted in the attached "Policy for Management of General Obligation Debt." Adopted by the Council of the City of Virginia Beach, Virginia, on the 101h day of May, 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r Management Services City or s pffice G�1.11A•BEAc a r City Council Policy r e t DF DUR Npt�DNS Title: Policy for Management of General Obligation Debt Index Number: Date of Adoption: 5/10/2011 Date of Revision: Page: 1.0 Purpose Debt levels and their related annual costs are important long-term obligations that must be managed with available resources. To help manage debt, it is important to have a policy with guidelines and restrictions that affect the amount and type of debt issued. A debt management policy improves the quality of decisions, provides justification for the structure of debt issuance, identifies policy goals, and demonstrates a commitment to long-term financial planning, including a multi-year capital improvement plan. Adherence to a debt management policy signals to rating agencies and the capital markets that a municipality is well managed and should meet its obligations in a timely manner. Throughout its history, the City of Virginia Beach has issued debt judiciously through administrative debt policy guidelines, which has resulted in its current Triple -A bond rating. It is important to affirmatively adopt these administrative guidelines. While a good debt management policy includes many aspects, the financial condition of a local government can be evaluated by looking at the condition of four debt indicators. The purpose of this policy is to define the four major debt indicators and request City Council to approve an ordinance, which codifies the City's debt management policy 2.0 Definitions The four major debt indicators to be used to evaluate the City's financial condition are defined below. 2.1 Ratio of General Government Debt to General Government Budget — This indicator measures the percentage of the general operating revenues, which must be used for debt service (i.e., principal and interest payments on existing debt). Increasing debt service reduces expenditure flexibility by adding to the City's debt -related obligations. 2.2 General Government Net Debt Per Capita — This indicator measures the amount of general obligation debt attributable to each city resident. As the City's population increases, capital needs and long-term debt can logically be expected to increase as well. 2.3 Ratio of Per Capita Debt to Per Capita Income — This indicator measures the general obligation debt burden as a percentage of City per capita income. The lower the ratio, the lower the government burden on its residents. 2.4 Ratio of General Government Debt to Assessed Value of Real Property - This indicator measures the amount of general obligation debt as a percentage of the City's assessed valuation of real property. An increase in this indicator can mean that the City's ability to repay the debt is diminishing. Or, it could mean that the City has intentionally increased its debt burden. A diminished ability to repay debt may result in difficulty in obtaining additional capital funds, a higher interest rate when borrowing, or difficulty in repaying existing debt. A reasonable level of debt burden is expected in order to meet the needs of a growing city. (Note: The Virginia State Constitution Art VII, § 10(A) and State Code § 15.2-2634 places a legal limit of 10% for this ratio. Historically Virginia Beach's ratio for this indicator is much lower with a projected ratio of approximately 2% as of June 30, 2011.) 1 3.0 Policy on Debt Indicators The target amount for debt indicators should be guided by the City's ability to pay, as well as a comparison with other cities of similar size and similar financial condition, such as those with similar bond ratings. Given those factors, the recommended guidelines and limits on debt indicators for the City of Virginia Beach are stated below. 3.1 The Ratio of General Government Debt to the General Government Budget may not exceed 10%. 3.2 The General Government Net Debt Per Capita may not exceed $2,800. At no point shall this indicator exceed the lesser of the mean or median for Standard and Poor's triple-A rated cities with a population between 250,000 and 500,000. 3.3 The Ratio of Per Capita Debt to Per Capita Income may not exceed 6.5%. 3.4 The Ratio of General Government Debt to Assessed Value of Real Property may not exceed 3.5% 3.5 The status of each indicator shall be reported in the Operating Budget each year and shall reflect the impact of the Capital Improvement Program. 4.0 Revision to Policy 4.1 This policy shall be reviewed, and revised as appropriate or necessary, but not less than once every three years. Approved as to Content: Director of Management Services Approved as to Legal Sufficiency: City Attorney Reviewed By: City Manager APPROVED BY CITY COUNCIL: Mayor Date Date Date Date Item V J.1. a. -39 - ITEM # 60910 1. Ordinances/Resolutions re FY 2011-12 RESOURCE MANAGEMENT PLAN Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: 15) Ordinance AUTHORIZING FY-2012IFY-2017 Capital Improvement Program (CIP); and, APPROPRIATING $302,165,900 for the FY 2012 Capital Budget, subject to funds being provided from various sources set forth therein Voting: 10-1 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. William R. "Bill" DeSteph Council Members Absent: None May 10, 2011 1 AN ORDINANCE TO ADOPT THE FY 2012/FY 2017 CAPITAL IMPROVEMENT 2 PROGRAM AND TO APPROPRIATE $302,165,900 FOR THE FY 2012 CAPITAL 3 BUDGET SUBJECT TO FUNDS BEING PROVIDED FROM VARIOUS SOURCES 4 SET FORTH HEREIN 5 WHEREAS, the City Manager, on March 29, 2011, presented to City Council the Capital Improvement Program for fiscal 6 years 2012 through 2017; 7 8 WHEREAS, City Council held public hearings on the program to provide for public comment; 9 0 WHEREAS, based on public comment, City Council has determined the need for certain projects in the Capital 1 Improvement Program; and 2 3 WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in the 2012 fiscal year, as 4 set forth in said Capital Improvement Program. 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the Capital Improvement Program, as modified, for the construction of, or addition to, capital facilities identified for fiscal years 2012 through 2017 is hereby adopted, and the projects listed therein are hereby approved as capital projects. Section 2. That the projects shall be financed from funds to be appropriated periodically by City Council, and until funds are so provided, the projects are for planning purposes only and may be deleted, altered, or rescheduled in any manner at any time by City Council. Section 3. That funds in the amounts aggregating $302,165,900 for capital projects in the Capital Budget for the 2012 fiscal year, as set forth in said Capital Improvement Program, are hereby appropriated, by project and subject to the conditions set forth herein. The amount of funding for individual projects is set forth in "Attachment A—Capital Budget Appropriations," a copy of which is attached hereto. Section 4. That in accordance with Section 2-196 of the City Code, financing sources in support of the Capital Budget for the 2012 fiscal year as set forth in said Capital Improvement Program are attached to this ordinance as "Attachment B — Financing Sources." Section S. That capital project funds appropriated in prior fiscal years are to be adjusted in accordance with said Capital Improvement Program and reallocated as identified in "Attachment C — Transfers," a copy of which is attached hereto. Section 6. That reductions in financing sources in support of the Capital Budget forthe 2012 fiscal year as set forth in said Capital Improvement Program are attached to this ordinance as "Attachment D — Changes in Financing Sources." Section 7. That additional appropriations, the addition of capital projects, and changes in project scope shall not be initiated except with the consent and approval of the City Council first being obtained; anda An appropriation for a project in the Capital Improvement Program shall continue in force, and, to the extent required by law, re -appropriated for use in FY 2011- 12 until the purpose for which it was made has been accomplished or abandoned. Section 8. That all contracts awarded for approved and appropriated capital projects, exclusive of school projects, must be certified as to the availability of funds by the Director of Finance prior to the initiation of work on the contract. Section 9. That subject to any applicable restriction of law or of any bonds or bond issue, the City Manager or the Director of Management Services is authorized to approve transfers of appropriations in an amount up to $100,000 between capital projects as may best meet the needs of the City. The City Manager shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. The City Manager or the Director of Management Services is hereby authorized to 53 establish and administer the budgeting of capital projects consistent with best management practices, reporting requirements 54 and the Capital Improvement Program adopted by the City Council. 55 56 Section 10. That to ensure timely completion of water and sewer projects, appropriations for water and sewer 57 companion projects may be transferred between these projects by the City Manager (or designee). "Companion projects" mean 58 water and sewer projects having the same name or project scope and description with the exception of "water" or "sewer" 59 being in the title and/or project scope and description. 60 61 Section 11. That the City Manager or the Director of Management Services is hereby authorized to change, subject to any 62 applicable restriction of law or of any bonds or bond issue, the financing sources for the various capital projects included in this 63 or previous ordinances to reflect effective utilization of the financing sources and actual collections and/or realized revenues. If 64 the financing sources in support of capital projects decline, the City Manager or the Director of Management Services is 65 authorized to reduce, subject to any applicable restriction of law or of any bonds or bond issue, those appropriations to equal 66 the changed financing source. The City Manager must give prior notice to the City Council of any reductions to total 67 appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the appropriation 68 reduction and the capital projects affected. The accounting records of the City will be maintained in a manner where the total of 69 financing sources is equal to the total appropriations for each of the City's capital projects funds. 70 71 Section 12. That the funding sources for the following capital improvement projects should be amended. 72 (a) That the funding source for an appropriation of $328,057 to CIP #3-503, "Lighthouse Multi-Service Center," is hereby 73 changed from fund balance from the Information Technology Internal Service Fund to FY 2010-11 Charter Bonds. 74 75 (b) That the funding source for an appropriation of $500,000 to CIP #4-004, "Open Space Site Acquisition, " is hereby 76 changed from Federal revenue to Cash in Lieu of Proffers. 77 78 Section 42, 13. That the Capital Improvement Program debt management policies contained and included in the 79 Resource Management Plan document shall be the policy guidelines of the City, and the City Manager shall annually report on 80 the status of those guidelines and the projected impact of the proposed Capital Improvement Program on those guidelines, such 81 information to be included in the Resource Management Plan submittal. The City Manager may propose modifications to those 82 policies and guidelines through the Resource Management Plan. 83 84 Section 43, 14. That subject to the appropriation of sufficient funds within a capital project, the acquisition of real 85 property necessary for the project is authorized by means of voluntary negotiation with willing sellers. 86 87 Section X4,15. That violation of this ordinance shall result in the City Manager taking disciplinary action against the 88 person or persons responsible for the capital project in which the violation occurred. 89 90 Section 4.& 16. That if any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such 91 decision shall not affect the validity of the remaining portions of this ordinance. 92 93 Section 449. 17. That this ordinance shall be in effect from the date of its adoption; however, appropriations for the FY 94 2012 Capital Budget shall be effective on July 1, 2011. 95 96 Adopted by the City Council of the City of Virginia Beach, Virginia on this 10`h day of May, 2011. 97 98 Requires an affirmative vote of the majority of City Council. APPROVED AS TO CONTENT: ti I Management Services APPROVED AS TO LEGAL SUFFICIENCY: C" ttorne ' O City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Project Number Projects Appropriations FY 2011-12 Buildings - CRO 3103000 Heritage Building - Maintenance Program 75,000 3146000 VA Aquarium Bldg Systems & Facility Infrastructure - Ph 1 2,544,961 3278000 Virginia Aquarium Renewal and Replacement - Phase II 300,000 Total Buildings - CRO Projects 2,919,961 Buildings - FYO 3510000 Intermediate Care Facilities Renewal/Replacement-Phase 1 270,593 Total Buildings - FYO Projects 270,593 Buildings - QELL 3262000 TCC Expansion/Operation Smile Headquarters 6,550 Total Buildings - QELL Projects 6,550 1,133,343 1,455,053 2,468,321 328,057 100,000 3,571,943 A Inn 11!111 Total Buildings - QPE Projects 10,356,717 2,253,065 1,407,504 400,000 441,898 2,000,000 7,474,701 628,365 rte, G7Q Total Buildings - SC Projects 15,137,111 Buildings - QPE 3136000 Various Buildings HVAC Rehabilitation & Renewal -Phase III 3137000 Various Buildings Rehabilitation and Renewal - Phase III 3139000 Various Site Acquisitions - Phase II 3503000 Lighthouse Multi -Service Center 3505000 Building Modernization, Renewal & Replacement - Phase II 3507000 Judicial Center Water Intrusion Abatement 3508000 ARC Flash Mitigation Buildings - SC 3021000 Fire and Rescue Station - Town Center (Thalia) 3102000 Alarm System Monitoring/MOSCAD Replacement 3133000 Fire Training Center Improvements - Phase III 3201000 Commonwealth's Attorney Build -Out of Judicial Center 3244000 Fire and Rescue Station - Chesapeake Beach 3317000 Police Special Ops/Forensics/Evidence Complex 3371000 Fire Apparatus - Phase II 3506000 Fire Facility Rehabilitation and Renewal - Phase III 1,133,343 1,455,053 2,468,321 328,057 100,000 3,571,943 A Inn 11!111 Total Buildings - QPE Projects 10,356,717 2,253,065 1,407,504 400,000 441,898 2,000,000 7,474,701 628,365 rte, G7Q Total Buildings - SC Projects 15,137,111 Project Number Projects City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Coastal 8002000 Beach Profile Monitoring Program 8004000 Various Minor Dredging Projects 8007000 Rudee Inlet Outer Channel Maintenance Dredging 8014000 Lynnhaven Inlet Maintenance Dredging 8023000 Sandbridge Beach Access Improvement & Sand Mgmt 8282000 Sandbridge Beach Restoration 8830000 Rudee Inlet Federal Dredging Appropriations FY 2011-12 100,000 248,326 450,000 200,000 250,000 5,164, 361 9Gn Mr) Total Coastal Projects 6,962,687 Communications and IT - CRO 3097000 CIT - Aquarium Ticketing and Financial System Integration 195,000 Total Communications and IT - CRO Projects 195,000 Communications and IT - FYO 3631000 CIT - Social Services Interface System Replacement 538,756 Total Communications and IT - FYO Projects 538,756 Communications and IT - QELL 3622000 CIT - Library Automated Material Handling 1,835,708 Total Communications and IT - QELL Projects 1,835,708 Communications and IT - QO 3068000 CIT - IT Network Infrastructure Replacement - Phase II 325,000 3119000 CIT - Cable Access Infrastructure Replacement Phase 1 333,331 3340000 CIT - Telecommunications Replacement 377,166 3618000 CIT - Disaster Recovery - Phase II 500,000 3623000 CIT - eGIS Master Address Repository 329,408 Total Communications and IT- QO Projects 1,864,905 Communications and IT - SC 3095000 CIT - Police - Integrated Public Safety Record Management System 2,734,786 3142000 CIT - Communications Infrastructure Replacement - Phase II 2,149,376 3607000 CIT - Data Storage and Mgmt for Evidentiary Files 1,318,060 3619000 CIT - ALI Database Management & Selective Routing 362,700 3620000 CIT - VBAlert Replacement 435,859 Total Communications and IT - SC Projects 7,000,781 Project Number 9060000 9081000 9082000 9083000 9085000 9091000 9141000 9500000 4053000 4074000 4075000 4080000 4300000 4301000 4302000 4305000 4306000 4307000 4309000 4500000 4502000 4505000 4506000 4507000 City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Parks and Recreation Field Hockey National Training Center Repairs & Renovations Appropriations Projects FY 2011-12 Economic and Tourism Dev - EV 50,000 Oceana & Interfacility Traffic Area Conformity & Acquisition 15,000,000 Strategic Growth Area Projects 3,500,000 Oceanfront Garages Capital Maintenance 1,081,671 Town Center Garage and Plaza Capital Maintenance 283,564 SGA - Burton Station Road Improvements - Phase II 650,000 SGA - Burton Station Road Improvements - Phase III 1,750,000 Economic Development Investment Program (On -Going) 2,355,754 Virginia Beach Amphitheater Capital Maintenance 150,000 Total Economic and Tourism Dev - EV Projects 24,770,989 Parks and Recreation Field Hockey National Training Center Repairs & Renovations 350,000 City Bikeways and Trails Plan Implementation - Phase 1 625,000 Pedestrian System Improvements - Phase 1 50,000 Sportsplex Field Hockey National Trng Ctr Rep/Reno Ph 1 413,331 Community Recreation Ctrs Repairs & Renovations - Ph III 647,466 Parks & Special Use Facilities Develop. & Reno. - Phase III 1,191,631 Golf Courses Contractual Obligations for Maintenance 120,000 Tennis Court Renovations - Phase 111 150,000 Open Space Park Development and Maintenance - Phase 11 750,000 Athletic Fields Lighting & Renovations - Phase III 237,127 Mount Trashmore Signature Park Renovations - Phase 11 250,000 Park Playground Renovations - Phase III 300,000 Lynnhaven Boat Ramp & Beach Facility Repairs/Renovations 55,999 Modernization of Bow Creek Recreation Center 5,774,127 Parks Infrastructure Renewal and Replacement 825,000 Parks Facilities Life Cycle Maintenance (Ongoing) 250,000 Total Parks and Recreation Projects 11,989,681 City of Virginia Beach, Virginia Attachment A - Capital Budget Appropriations Project Renovations and Replacements - Energy Management Appropriations Number Projects FY 2011-12 1099000 Roadways 900,000 2021000 Rural Road Improvements 100,000 2025000 Witchduck Road - Phase II (First Cities Project) 22,000,000 2031000 Street Reconstruction 2,150,000 2052000 Traffic Signal Rehabilitation 100,000 2121000 Nimmo Parkway -Phase V-A (VDOT) 14,537,731 2143000 Laskin Road Gateway - Phase I -A 5,727,993 2145000 Wesleyan Drive (First Cities Project) 2,300,000 2160000 City Wide Street Lighting Improvements - Phase II 60,000 2161000 Traffic Signal Retiming 600,000 2168000 Lesner Bridge Replacement (Partial) 40,000,000 2176000 Transportation Network Analysis 100,000 2190000 Congestion Relief/Safety Improvement Program Phase 1 5,319,151 2263000 Major Bridge Rehabilitation 660,000 2268000 Wetlands Mitigation Banking 100,000 2300000 Traffic Safety Improvements - Phase III 1,250,000 2401000 Greenwich Road/Cleveland Street Crossover 2,125,000 2409000 Centerville Turnpike Interim Improvements 10,900,000 2837000 Various Cost Participation Projects 100,000 Total Roadways Projects 108,129,875 Schools 1001000 Renovations and Replacements - Energy Management 500,000 1026000 College Park Elementary School Replacement 1,175,000 1099000 Renovations and Replacements - Grounds - Phase II 900,000 1103000 Renovations and Replacements - HVAC Systems - Phase II 3,000,000 1104000 Renovations and Replacements - Reroofing - Phase II 3,000,000 1105000 Renovations and Replacements - Various - Phase II 1,200,000 1106000 Kellam High School Replacement 18,324,951 1109000 Energy Performance Contracts (Schools) 2,500,000 1232000 Tennis Court Renovations 300,000 1233000 Consolidated Old Donation Ctr/Kemps Landing Magnet Rep 12,150,000 Total Schools Projects 43,049,951 Project Number Projects City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Sewer Utility 6019000 Resort Area Neighborhood Revitalization 6041000 Pump Station Modifications - Phase V 6061000 Utilities Emergency Response Program - Phase II 6070000 Infiltration, Inflow and Rehabilitation - Phase V 6085000 Sanitary Sewer Asset Management Program - Phase II 6089000 Comprehensive Sewer Master Planning - Phase IV 6106000 Various Roadway/Storm Water Coordination - Phase V 6151000 Landstown Yard Improvements - Phase IV 6404000 Computerized Mapping & Infrastructure Mgmt - Phase II 6501000 Auxiliary Power Program -Sewer Pump Stations -Phase III 6552000 Sanitary Sewer System Revitalization Program - Phase II 6566000 Nimmo Parkway Sanitary Sewer Extensions -Phase V (VDOT) 6567000 Sewer Pump Station Backflow Prevention Modifications 6601000 First Colonial RdNa. Beach Blvd Intersection Improvements 6602000 Princess Anne Rd/Kempsville Rd Intersection Improvements 6611000 Pump Station Wet Well Revitalization - Phase II 6802000 Utility Crossings Condition Assessment Program - Phase 1 6804000 Sanitary Sewer Regulatory Compliance Program - Phase 1 6951000 Sewer Tap Installation Program - Phase 1 6952000 Sewer Pump Station Flow Monitoring & Data Storage -Ph 1 6973000 Sanitary Sewer Capacity Program - Phase I Appropriations FY 2011-12 750,000 6,856,000 350,000 1,500,000 1,000,000 500,000 400,000 500,000 725,000 600,000 4,500,000 170,000 70,000 10,000 150,000 1,000,000 250,000 4,300,000 250,000 5,200,000 500,000 Total Sewer Utility Projects 29,581,000 Project Number Projects City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Storm Water Appropriations FY 2011-12 7004000 Storm Water Infrastructure Rehabilitation 10,973,527 7005000 North Lake Holly Watershed 3,220,000 7016000 South Lake Holly Watershed 4,980,000 7027000 SWM Master Planning, Analysis, and Inventory 150,000 7035000 Lawson Forest Drainage 450,000 7036000 Baker Road Culvert & Ditch Improvements 180,000 7038000 Thoroughgood Drainage - Interim 200,000 7063000 Neighborhood Storm Water Infrastructure Improvements 50,000 7067000 Primary System Infrastructure Improvements 770,000 7091000 Residential Drainage Cost Participation Program 50,000 7152000 Lake Management 1,906,280 7153000 Lynnhaven Watershed Restoration 300,000 7159000 Water Quality Participation Projects 100,000 7183000 Storm Water Quality Enhancements 1,494,328 7404000 Aragona Neighborhood Infrastructure Rehabilitation 1,000,000 7405000 Brigadoon Lakes Maintenance Dredging 150,000 7406000 Elizabeth River TMDL Implementation Plan 200,000 7409000 Shore Drive Drainage Preliminary Design 320,000 7410000 Southern River TMDL Implementation Plan 200,000 7411000 Oceanfront Storm Water Facilities Maintenance 177,000 7412000 Storm Water Pump Station Modifications 265,500 Total Storm Water Projects 27,136,635 City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Project Appropriations Number Projects FY 2011-12 Water Utility 5046000 Utilities Emergency Response Program - Phase II 350,000 5086000 Comprehensive Water Master Planning - Phase V 200,000 5089000 Various Roadway/Storm Water Coordination - Phase V 200,000 5151000 Landstown Yard Improvements - Phase IV 982,000 5250000 Potable Wells Evaluation Program - Phase III 275,000 5252000 Water Quality Program - Phase IV 100,000 5255000 Automated Mobile Water Meter Reading System - Phase II 300,000 5404000 Computerized Mapping & Infrastructure Mgmt - Phase II 378,000 5408000 Nimmo Parkway -Water Main Replacement -Phase V (VDOT) 250,000 5501000 Water Transmission System Upgrade Pgm-Phase 1 3,301,000 5602000 Princess Anne Rd/Kempsville Rd Intersection Improvements 500,000 5708000 Resort Area Neighborhood Revitalization 100,000 5802000 Utility Crossings Condition Assessment - Phase 1 250,000 5804000 Water Line Extension, Replacement & Rehab Pgm-Phase 1 100,000 5805000 Water Utility Asset Management Program - Phase 1 2,000,000 5806000 Backflow Prevention & Cross -Connection Control Pgm-Ph II 500,000 5951000 Water Tap Installation Program - Phase 1 150,000 5952000 Water Pump Station Flow Monitoring and Data Storage 183,000 5967000 Water Resources Investigation & Planning - Phase 1 300,000 Total Water Utility Projects 10,419,000 Total Capital Budget 302,165,900 City of Virginia Beach, Virginia Attachment B — Financing Sources Financing Sources Federal Contribution Franchise Fees Fund Balance - General Fund Fund Balance - Other General Appropriations General Obligation Bonds Interest Income Lease -Purchase Medicaid Cost Settlement Parking Enterprise Fund Private Contribution Public Facility Revenue Bonds Retained Earnings - Parking Enterprise Fund Retained Earnings -Telecommunications Retained Earnings - Water and Sewer Fund State Contribution Storm Water Utility Bonds Storm Water Utility Fund Water and Sewer Bonds Water and Sewer Fund Capital Budget FY 2011-12 5,919,151 333,331 23,863,756 2,317,684 21,823,344 65,639,477 4,500,000 461,584 270,593 300,000 6,550 36,916,629 500,000 377,166 5,000,000 71,800,000 16,300,000 10,836,635 27,000,000 8,000,000 Total Capital Budget 302,165,900 Attachment C - Transfers Appropriations Prior to Project # FY 2011-12 uality Phvsical Environment Roadwav Proiects Transfer To: 2161000 Traffic Signal Retiming $ 676,000 2143000 Laskin Road Gateway- Phase I -A 3,250,984 2048000 Princess Anne Rd./Kempsville Rd. Intersection Improvement 4,359,029 Total Transfer To: $ 8,286,013 Transfer From: 2190000 Congestion Relief/Safety Improvement Program - Phase 1 $ 676,000 2071000 Baker Road Extended 1,220,000 2074000 1-264 Great Neck Ramps 2,030,984 2305000 Princess Anne Road- Phase IV (VDOT) 4,359,029 Total Transfer From: $ 8,286,013 Coastal Transfer To: 800800 Beach Replenishment $ 1,000,000 800500 Western Branch Lynnhaven Rive Maintenance Dredging 508,713 Total Transfer To: 1,508,713 Transfer From: 811000 Eastern Branch Lynnhaven River Dredging $ 1,508,713 Total Transfer From: 1,508,713 Storm Water Transfer To: 7405000 Brigadoon Lakes Maintenance Dredging $ 300,000 7409000 Shore Drive Drainage Preliminary Design 108,152 7902000 North Beach Drainage 500,000 7010000 Elizabeth River Shores (Partial) 300,000 Total Transfer To: 1,208,152 Transfer From: 7145000 Artic Avenue- Baltic Avenue $ 908,152 7152000 Lake Management 300,000 Total Transfer From: 1,208,152 Water and Sewer Utility Projects Transfer To: 6041000 Pump Station Modifications- Phase V $ 1,604,708 Total Transfer To: $ 1,604,708 Transfer From: 5167000 Water Tank Upgrade Program- Phase I II 5400000 Fire Hydrant Program- Phase III 5944000 Princess Anne Road- Phase IV 6018000 Comprehensive Sewer Evaluation/Rehabilitation Program 6030000 Little Neck Point (Partial) 6065000 Infiltration, Inflow, and Rehab- Phase IV 6139000 Bayway Road Sewer Improvement- 51% 6148000 System Expansion cost part agreement- Phase II Total Transfer From $ 9,758 123,000 800,000 13,810 55,157 43,201 59,782 500,000 $ 1,604,708 Attachment C - Transfers Appropriations Prior to Project # FY 2011-12 Various Business Areas Transfer To: 3021000 Fire and Rescue Station- Thalia 1,681,936 3146000 VA Aquarium Bldg Systems & Facility Infrastructure- Phase 1 455,039 3507000 Judicial Center Water Intrusion Abatement 328,057 4301000 Parks & Special Use Facilities Development and Renovation Phase III 78,000 2143000 Laskin Road Gateway- Phase I -A 916,904 Total Transfer To: $ 3,459,936 Transfer From: Fixed Assets (Various Closed Out Projects) 1,759,936 3175000 Virginia Beach Lifelong Learning Center (Partial) 1,700,000 Total Transfer From: $ 3,459,936 Attachment D - Reductions in Non -City Funding Amount of Reduction in Appropriations Prior to Funding Project # FY 2011-12 Source Quality Physical Environment 2190000 Congestion Relief/Safety Improvement Program Phase I $ 600,000 Federal Contribution Total Reduction: $ 600,000 Item V.J.I. a. -40 - ITEM # 60911 1. Ordinances/Resolutions re FY 2011-12 RESOURCE MANAGEMENT PLAN Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: 16) Ordinance AUTHORIZING the issuance of General Obligation Public Improvement Bonds in the maximum amount of Sixty -Five Million Five Hundred Thousand Dollars ($65,500,000) for various public facilities and general improvements Voting: 10-1 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill" DeSteph Council Members Absent: I00 i4 May 10, 2011 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION 2 PUBLIC IMPROVEMENT BONDS OF THE CITY OF VIRGINIA BEACH, 3 VIRGINIA, IN THE MAXIMUM AMOUNT OF $65,500,000 FOR VARIOUS 4 PUBLIC FACILITIES AND GENERAL IMPROVEMENTS 5 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of general obligation 6 public improvement bonds for various purposes in the maximum amount of $65,500,000, as permitted by the City Charter, without 7 submitting the question of their issuance to the qualified voters. 9 WHEREAS, City Council held public hearings on the program to provide for public comment; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 12 13 1. That it is hereby determined to be necessary and expedient for the City to construct and improve various 14 public facilities and make general improvements, all of which will promote the public welfare of the City and its inhabitants and 15 will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through the 16 borrowing of up to $65,500,000 and issuing the City's general obligation bonds therefor. 17 18 2. That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be 19 issued general obligation public improvement bonds of the City in the maximum amount of $65,500,000, to provide funds, 20 together with other funds that may be available, for various public improvement projects, including School, Roadway, Coastal, 21 Economic and Tourism, and Building projects, for project activities that include, but are not limited to, the following: preliminary 22 studies and surveys, permit compliance, environmental assessment, planning, design, engineering, site acquisition, relocation of 23 residents, utility relocation, construction, renovation, expansion, repair, demolition, site improvement, site work, legal services, 24 inspection and support services, 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 combined with 27 bonds authorized for other purposes and sold as part of one or more combined issues of public improvement bonds. 28 29 4. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their 30 dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such 31 manner as the Council may hereafter provide by appropriate resolution or resolutions. 32 33 5. That the bonds shall be general obligations of the City for the payment of the principal, premium, if any, and 34 interest on which its full faith and credit shall be irrevocably pledged. 35 36 37 AmeFffiean Ree-eyeFy and Reinvestment Aet. The de -ht en any sueh bends will be budgeted and aee9unted feF en a gFeSS 38with a GeFFespeRding FeveRue IiRe equal te the federal subsidy. 39 40 -7 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the 41 general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the 42 issuance of the Bonds. 43 44 8 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a 45 certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 46 47 9 8. That this ordinance shall be in full force and effective from its passage. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia on this 10`h day of May, 2011. 50 51 Adoption requires the affirmative vote of two-thirds of all members of the City Council. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: t i y ttor s Office -41 - ITEM # 60912 1. Ordinances/Resolutions re FY 2011-12 RESOURCE MANAGEMENT PLAN Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT.• 17) Ordinance AUTHORIZING the issuance of Storm Water Utility System Revenue Bonds in the maximum amount of Sixteen Million Three Hundred Thousand Dollars (516,300,000) Voting: 10-1 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.- William ay: William R. "Bill" DeSteph Council Members Absent: May 10, 2011 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF STORM WATER UTILITY 2 SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN 3 THE MAXIMUM AMOUNT OF $16,300,000 4 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of storm water utility 5 system revenue bonds in the maximum amount of $16,300,000 for financing improvements and expansions to the City's storm water 6 utility system (the "System"), as permitted by the City Charter without submitting the question of their issuanceto the qualified voters. 7 8 WHEREAS, City Council held public hearings on the program to provide for public comment; 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 11 1. That it is hereby determined to be necessary and expedient for the City to continue its program of improving and 12 extending the System, which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth, 13 development, and general welfare of the City, and to finance the costs thereof through the borrowing of $16,300,000 and issuing the 14 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 issued 17 storm water utility system revenue bonds of the City in the maximum amount of $16,300,000 to provide funds, together with other 18 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 their 21 dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such 22 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 City from the 26 System, and shall not be included within the otherwise authorized indebtedness of the City. The bonds shall not be deemed to create 27 or constitute an indebtedness of, or a pledge of the faith and credit of, the Commonwealth of Virginia or of any county, city, town, or 28 other political subdivision of the Commonwealth, including the City. The issuance of the bonds and the undertaking of the covenants, 29 conditions, and agreements to be contained in resolutions to be adopted or agreements to be entered into hereafter shall not directly, 30 indirectly, or contingently obligate the Commonwealth, the City, or any other political subdivision of the Commonwealth to levy and 31 collect any taxes whatsoever or make any appropriation therefore except from the revenues pledged to the payment of the principal of 32 and premium, if any, and interest on the bonds. 33 34 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance of the 35 bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, charge, and collect such rates, 36 fees, and other charges for the use of and the services furnished by the System and to revise the same from time to time and as often 37 as shall be necessary so as to produce sufficient net revenues to pay principal of and premium, if any, and interest on the bonds as the 38 same become due and to provide a margin of safety therefor. Such resolutions and agreements shall also include such additional 39 covenants, agreements, and other terms as are customary for the protection of the holders of storm water revenue obligations. 40 41 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the 42 general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the issuance 43 of the bonds. 44 45 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a 46 certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 47 48 8. That this ordinance shall be in full force and effect from its passage. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia on this 10th day of May, 2011. 51 Adoption requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: g ' ffice Item V. J.1. a. -42 - ITEM # 60913 1. Ordinances/Resolutions re FY 2011-12 RESOURCE MANAGEMENT PLAN Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: 18) Ordinance A UTHORIZING the issuance of Water and Sewer System Revenue Bonds in the maximum amount of Twenty -Seven Million Dollars ($27,000,000) Voting: 10-1 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill" DeSteph Council Members Absent: None May 10, 2011 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 AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $27,000,000 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of water and sewer system revenue bonds in the maximum amount of $27,000,000 for financing improvements and expansions to the City's water and sewer system (the "System"), as permitted by the City Charter without submitting the question of their issuance to the qualified voters. WHEREAS, City Council held public hearings on the program to provide for public comment; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That it is hereby determined to be necessary and expedient for the City to continue its program of improving and extending the System, which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through the borrowing of $27,000,000 and issuing the City's revenue bonds therefore. 2. That pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be issued water and sewer system revenue bonds of the City in the maximum amount of $27,000,000 to provide funds, together with other available funds, for financing the costs of improvements and expansions to the System. 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the City from the System, and shall not be included within the otherwise authorized indebtedness of the City. The bonds shall not be deemed to create or constitute an indebtedness of, or a pledge of the faith and credit of, the Commonwealth of Virginia or of any country, city, town, or other political subdivision of the Commonwealth, including the City. The issuance of the bonds and the undertaking of the covenants, conditions, and agreements to be contained in resolutions to be adopted or agreements to be entered into hereafter shall not directly, indirectly, or contingently obligate the Commonwealth, the City, or any other political subdivision of the Commonwealth to levy and collect any taxes whatsoever or make any appropriation therefore, except from the revenues pledged to the payment of the principal of and premium, if any, and interest on the bonds. 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance of the bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, charge, and collect such rates, fees, and other charges for the use of and the services furnished by the System and to revise the same from time to time and as often as shall be necessary so as to produce sufficient net revenues to pay principal of and premium, if any, and interest on the bonds as the same become due and to provide a margin of safety therefor. Such resolutions and agreements shall also include such additional covenants, agreements, and other terms as are customary for the protection of the holders of water and sewer revenue obligations. 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the issuance of the bonds. 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a certified copy of this ordinance with the Circuit Court of the City of Virginia Beach. 8. That this ordinance shall be in full force and effect from its passage. Adopted by the Council of the City of Virginia Beach, Virginia on this 10th day of May, 2011. Adoption requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: aZ4 CEWX—ft:o:--,r ' ffice -43 - Item V -J. ORDINANCES/RESOLUTION ITEM # 60914 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in ONE MOTION Items 2alb, 3, 4, S, 6, 7a/b, 8a/b/, and 9 a/b/c of the CONSENT AGENDA. Voting: I1-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 10, 2011 -44 - Item V -J.2. a/b ORDINANCES ITEM # 60915 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, ADOPTED, BY CONSENT: Ordinances to AMEND the City Code.- Section ode: Section 16-43 and Chapter 8 of the Comprehensive Plan re "Housing and Neighborhood Plan" ADDED Sections 16-41.1 and 16-41.2 re Chapter 16, Housing and Building Maintenance Code for commercial and recreational vehicles Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. - None Council Members Absent: None May 10, 2011 1 AN ORDINANCE TO AMEND SECTION 16-43 OF 2 THE CITY CODE PERTAINING TO THE 3 COMPREHENSIVE PLAN 4 5 Section Amended: § 16-43 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 16-43 of the City Code is hereby amended and reordained to read 11 as follows: 12 13 CHAPTER 16 HOUSING AND BUILDING MAINTENANCE CODE 14 15 ARTICLE VIII. WORKFORCE HOUSING 16 17 DIVISION 1. GENERAL PROVISIONS 18 19 .... 20 21 Sec. 16-43. Purpose and intent. 22 23 (a) The purpose of this article is to provide eligibility requirements, pricing standards 24 and program procedures concerning initial sales, subsequent transfers and rentals of 25 workforce housing units developed pursuant to the provisions of article 21 of the city 26 zoning ordinance as part of the city's workforce housing program. It is the intention of 27 the city council to establish such standards and procedures as a means of achieving the 28 city's vision for housing and neighborhoods, as stated in the "hE) 6iR9 and 29 . Chapter 8 of the Comprehensive 30 Plan — "Housing and Neighborhood Plan." 31 32 .... 33 Adopted by the City Council of the City of Virginia Beach on the 10th day of May, 2011. 1 AN ORDINANCE TO ADD SECTION 16-41.1 2 AND 16-41.2 TO CHAPTER 16, HOUSING 3 AND BUILDING MAINTENANCE CODE, OF 4 THE CITY CODE PERTAINING TO 5 COMMERCIAL VEHICLES AND 6 RECREATIONAL VEHICLES 7 8 Sections Added: §§ 16-41.1 and 16-41.2 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Sections 16-41.1 and 16-41.2 of the City Code are hereby added and 14 ordained to read as follows: 15 16 Sec. 16.41.1. Parking of commercial vehicles 17 18 (a) "Commercial vehicle" is defined as a loaded or empty motor vehicle, 19 trailer, or semitrailer designed or regularly used for carrying freight, 20 merchandise or more than ten passengers, including buses, but not 21 school buses. 22 23 (b) Parking of a commercial vehicle in residential or apartment zoning districts 24 shall be prohibited, except that: 25 26 1 One commercial vehicle of one ton or less in carrying capacity and 27 which does not exceed seven (7) feet in height or twenty (20) feet 28 in length may be parked on any lot where there is located a main 29 building owned or occupied by a resident of the premises; 30 31 2) Commercial vehicles during the normal conduct of business or in 32 the delivery or provision of service to a residential area are allowed; 33 34 3) The parking of semitrailers for commercial or industrial storage is 35 permitted on bona fide construction sites. 36 37 (c) Violations of this section shall constitute a Class 3 misdemeanor. In 38 addition to any penalties imposed hereunder, the code enforcement 39 administrator or his designee may institute legal action to enjoin the 40 continuing violation. 41 42 Sec. 16.41.2. Parking and storage of recreational equipment. 43 44 (a) "Recreational equipment' is defined as any equipment, used for 45 transporting people or property in connection with recreation and designed 46 for temporary occupancy, including ,but not limited to iet skis, boats and 47 similar recreational equipment, trailers, campers, motor homes or similar 48 vehicles or racing_ vehicles off road vehicles or the trailer or other device 49 used to haul or move such equipment. 50 51 (b) In AG-2 zoning districts no such equipment shall be parked or stored in 52 any required yard adjacent to a street nor closer than three (3) feet to any 53 lot line. 54 55 (c) Where the principal use of a building is residential recreational equipment 56 shall be stored only as a use accessory to a permitted principal use, and 57 subject to the following limitations: 58 59 (1) Such equipment shall be parked or stored on any lot only within a 60 buildinq or behind every plane of a structure that is substantially 61 parallel to and facing the public right-of-way. 62 63 (2) On through lots such equipment may also be parked or stored on 64 the portion of the lot that is clearly and physically the rear of the lot 65 provided that it is substantially screened from the public right-of- 66 way with a six-foot solid fence or equivalent vegetation or 67 landscaping. 68 69 (3) On corner lots such equipment may also be parked or stored on 70 the portion of the lot that is clearly and physically the rear of the lot 71 and behind the plane of the house parallel and closest to the public 72 right-of-way. 73 74 (d) Where the principal use of a building is commercial, business, or 75 industrial recreational equipment may be parked or stored as an 76 accessory use provided the limitations and requirements of the zoning 77 district are met. 78 79 (e) Such equipment may be parked entirely within a driveway for a period not 80 to exceed twenty-four (24) hours during loading or unloading. For 81 purposes of this section the term "driveway" shall include any portion of a 82 lot surfaced or otherwise that constitutes an approved parking area or 83 provides access to an approved parking area. 84 85 (f) No recreational equipment shall be parked in any public street or public 86 right-of-way for more than three (3) hours. 87 88 Lgj No such equipment shall be used for living, sleeping or housekeeping 89 purposes except in locations lawfully established for such use. 90 91 (h) Violations of this section shall constitute a Class 3 misdemeanor. In 92 addition to any penalties imposed hereunder, the code enforcement FO administrator or his designee may institute legal action to enjoin the continuing violation. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 0th day of Maw—, 2011. This ordinance shall take effect on July 1, 2011. APPROVED AS TO CONTENT: 1 b DepartrifeAt' of Housing and Neighborhdod Development CA11825 R-2 April 27, 2011 APPROVED AS TO LEGAL SUFFICIENCY: J r 1 LAO/ Ci y Attorney's Office CERTIFIED TO BE A TRUE COPY OF AN ORDINANCE ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, ON Ma 0, 2011 .liJw C/ . /�Or�i✓ Beverly O. Ho &, CMC Chief Deputy City Clerk 2042 Item i- J.3. RESOLUTION ITEM # 60916 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT.• Resolution of the City Council re the ISSUANCE of Six Million Five Hundred Thousand Dollars ($6,500,000) Multifamily Housing Revenue Bonds by the City of Virginia Beach Development Authority Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: Ii0=, I May 10, 2011 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 RESOLUTION OF THE CITY COUNCIL APPROVING THE ISSUANCE OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $6,500,000 MULTIFAMILY HOUSING REVENUE BONDS (NEW SANDS APARTMENTS PROJECT), SERIES 2011 WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), has considered the application of New Sands Apartments Limited Partnership, a Virginia limited partnership (the "Company") for the issuance of the Authority's Multifamily Housing Revenue Bonds (New Sands Apartments Project), Series 2011 (the "Bonds") to assist the Company in the acquisition, rehabilitation and equipping of a 120 - unit senior, Section 8, apartment project located at 6405 Auburn Drive, Virginia Beach, Virginia 23464 (the "Project"); and WHEREAS, pursuant to Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (the "Act"), a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the City Council of the City of Virginia Beach, Virginia. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Virginia Beach, Virginia: 1. The City Council of the City of Virginia Beach approves the issuance of the Bonds by the City of Virginia Beach Development Authority, in a principal amount not to exceed $6,500,000 to carry out the Project. 2. The approval of the issuance of the Bonds, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to the Act, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. In approving the resolution, the City Council of the City of Virginia Beach, Virginia including its elected representatives, officers, employees and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from the Authority's failure to issue Bonds for the Project for any reason. 4. This resolution shall take effect immediately upon its adoption. Adopted by the City Council of the City of Virginia Beach, Virginia, this 10th day of May, 2011. APPROVED AS TO CONTENT: Economic Development CA11712 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D028\P011\0001 7093. DOC R-1 April 29, 2011 APPROVED AS TO LEGAL SUFFICIENCY: v City Attorney's Office VIRGINIA BEACHr. April 29, 2011 The Honorable William D. Sessoms, Jr., Mayor Members of City Council Municipal Center Virginia Beach, Virginia 23456 Subject: New Sands Apartments Multifamily Housing Revenue Bonds Dear Mayor Sessoms and Members of Council: We submit the following in connection with the request of New Sands Apartments Limited Partnership's application for the issuance of multifamily housing revenue bonds in the amount of $6,500,000 for the project located at 6405 Auburn Drive, Virginia Beach, Virginia. 1. Evidence of publication of notice of hearing is attached as Exhibit A, and a summary of the statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach Development Authority's (the "Authority's") resolution recommending Council's approval is attached as Exhibit C. 2. The Disclosure Statement is attached as Exhibit D. 3. The statement of the Authority's reasons for its approval of the issuance of the bonds as a benefit for the City of Virginia Beach and its recommendation that the City Council approve the bonds described above is attached as Exhibit E. 4. The Fiscal Impact Statement is attached as Exhibit F. 5. A summary sheet setting forth the type of issue, and identifying the project and the principals of the applicant is attached as Exhibit G. 6. A letter from the Department of Economic Development commenting on the project isattached as Exhibit H. Very t John C JWR/AWS Enclosures 222 Central Park Ave, Suite 1000 0 Virginia Beach, Virginia 23462 • ph 757,385.6464 or 800.989.4567 • fox 757.499.9894 zzjz 0—p Oo ^� a apt «vsC4 o IM 0. am tlC$ap O a LLo iao 5CS dl� mk oIMZ424 Q«OQro Ea S�ZZ'R� cm"m �o E.av,msa'-'on f Q CL 8 N' R Z.Oc'1m caN mp cS. .�m. i'.°x is o,D' .rSpam ° off" Z 5¢mmn¢om� ap�`�m� Exhibit A 3-41 m,�m. c�:�ceA mo:C=Eocordl' q :Yoc°im �E =Eu^CNvcot"•c m� s'o oc.�•cv aU,c c�momEtl vm a"`"3�"m.c 4'ry 2`«t' O v°u�E-�vdio fv W 6*pQ� +li V.CA GGO.D�9¢mC N H fCC�O5 Vi.n _ti'Q i)fn aa�'O � Oy -2-u-w L.ycma.. Wo v-31 O ®A NY'UNktJO. C(V�j U-.Ny pma ma m0$i —6 H`^mmN W p.c.. n« yno mem R a`3 3 aim'» $oRc$cud0 H'a h r+wn"da0i.5, Em > M Ln I14 a O O 1 �r � I( 1 1 N � O 4-! I I � N N A Val H O q r CD rn -i I l OUO OFCF4 O 2 H W E .l Q O w N N U ro° zU v 440 N 44 W ro O E .. 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I I � N N A Val H O q r CD rn -i I l M Ln I14 O -I H 1 O �r � ro C) ,H 17 I` 'O 1: � OUO x U v �4 W E .l Q O w °w a U ro° zU Exhibit B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $6,500,000 MULTIFAMILY HOUSING REVENUE BONDS (New Sands Apartments Project) Series 2011 The Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing at 8:30 a.m. on April 19, 2011 at the offices of the Authority on the request of New Sands Apartments Limited Partnership, a Virginia limited partnership (the "Company"), and that a notice of the hearing was published once a week for two consecutive weeks in a newspaper having general circulation in Virginia Beach, Virginia, the first publication being not less than fourteen (14) days prior to the hearing and the second publication being not less than six (6) days and not more than twenty-one (2 1) days prior to the hearing. The Chairman indicated that a copy of the notice and a certificate of publication of such notice have been filed with the records of the Authority. The following individual(s) appeared before the Authority: Brian Poulin of New Sands Apartments Limited Partnership William W. Harrison, Jr. of the law firm of Williams Mullen, Bond Counsel Mr. Harrison gave a brief description of the Project (below defined). He described the application and plan of financing of the Company, whose principal place of business is located at 707 Sable Oaks Drive, South Portland, Maine 04106, for the issuance of the Authority's Multifamily Housing Revenue Bonds (New Sands Apartments Project), Series 2011 (the "Bonds") pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended and supplemented by the Industrial Development and Revenue Bond Act, Title 15.2, Chapter 49 of the Code of Virginia of 1950, as amended (the "Act"), in an amount not to exceed $6,500,000 to assist the Company in the acquisition, rehabilitation and equipping of a 120 -unit senior, Section 8, apartment project located at 6405 Auburn Drive, Virginia Beach, Virginia 23464 (the "Project"). Mr. Harrison and Mr. Poulin answered various questions of the members of the Authority. No other persons appeared to address the Authority, and the Chairman closed the public hearing. The Authority hereby recommends that the City of Virginia Beach City Council (the "Council") approve the issuance of the Authority's Bonds in an amount not to exceed $6,500,000 and hereby transmits the Fiscal Impact Statement to the Council, and asks that this recommendation be received at its next regular or special meeting at which this matter can be properly placed on the Council's agenda for hearing. 14910329_1.DOC Exhibit C RESOLUTION OF THE CITY OF VIRGINIA BEACH (DEVELOPMENT AUTHORITY AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS (NEW SANDS APARTMENTS PROJECT) SERIES 2011 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") is a political subdivision of the Commonwealth of Virginia (the "Commonwealth"), duly created pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended and supplemented by the Industrial Development and Revenue Bond Act, Title 15.2, Chapter 49 of the Code of Virginia of 1950, as amended (the "Act'); and WHEREAS, pursuant to the Act, New Sands Apartments Limited Partnership, a Virginia limited partnership (the "Borrower"), has requested that the Authority issue its tax-exempt Multifamily Housing Revenue Bonds (New Sands Apartments Project) Series 2011 (the "Bonds") to finance, in part, the acquisition, rehabilitation and equipping of a 120 -unit senior, Section 8, apartment project (the "Project") located at 6405 Auburn Drive, Virginia Beach, Virginia and occupied in part (at least 40%) by persons of low or moderate income in order for the Project to qualify as a "qualified residential rental project' within the meaning of Section 142(d) of the Code (hereinafter defined); and, the Borrower has requested that the Authority issue the Bonds and make a loan of the proceeds thereof to the Borrower for the purpose of making funds available to acquire, rehabilitate and equip the Project; and WHEREAS, the Authority has found and determined that (a) there is a significant shortage of affordable, sanitary and safe residential rental property in the City of Virginia Beach, Virginia (the "City") for individuals and families of low and moderate income and (b) the issuance of the Bonds, the financing of the Project and the acquisition, rehabilitation and equipping of the Project by the Borrower will benefit the inhabitants of the City through the promotion of their safety, health, welfare, convenience or prosperity, and will be consistent with the general purposes of the Authority and the Act; and WHEREAS, the City has not activated a housing authority pursuant to §§ 36-4 and 36- 4.1 of the Code of Virginia of 1950, as amended; and WHEREAS, with respect to such proposed plan of financing, the Authority has caused a notice of public hearing to be published in the Virginian -Pilot, a newspaper of general circulation in the City of Virginia Beach. Virginia, and has this date held a public hearing, all in accordance with the provisions of § 147(f)(2) of the Internal Revenue Code of 1986, as amended, and the regulations, rulings and proclamations promulgated or proposed thereunder (collectively, the "Code"), and § 15.2-4906, Code of Virginia, 1950, as amended, and other applicable Iaws of the Commonwealth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. The Authority hereby agrees to assist the Borrower in financing the acquisition. rehabilitation and equipping of the Project and, in particular, to undertake the issuance of the Bonds in an amount not to exceed $6,500,000 upon the terms and conditions to be mutually agreed upon between the Authority and the Borrower, and to loan the proceeds of such Bonds (the "Loan") to the Borrower for the purpose of financing the Project. The Loan will be made to the Borrower pursuant to a loan agreement or a financing agreement. The Bonds will be issued and secured pursuant to an indenture of trust or similar document which will provide for the precise principal amount of the Bonds, the maturity schedule therefor, the interest rate or rates the Bonds will bear and the denomination, form and other terms of the Bonds, and will secure the Bonds by an assignment of all the Authority's rights to the Loan, together with the proceeds thereof, and the security therefor. The Bonds will be limited obligations of the Authority payable solely from the revenues pledged thereto pursuant to the indenture of trust or similar document. 2. It having been represented to the Authority by the Borrower that it is necessary to proceed immediately with the financing of the Project, the Authority hereby agrees that the Borrower may proceed with plans for such financing, enter into contracts for such financing of the Project and take such other steps as it deems appropriate in connection therewith, provided that nothing herein shall be deemed to authorize the Borrower to obligate the Authority in any manner whatsoever, including the payment of money or the performance of any acts in connection with the Project. The Authority agrees that the Borrower may be reimbursed from the proceeds made available from the issuance of the Bonds for all costs incurred by it after the effective date of this inducement resolution in connection with the financing of the acquisition, rehabilitation and equipping of the Project only to the extent permitted under Section 103 of the Code and the Act. 3. The Authority hereby agrees to the Borrower's designation of the firm of Williams Mullen, Virginia Beach, Virginia, as Bond Counsel ("Bond Counsel") and hereby appoints such firm to supervise the proceedings and approve the issuance of the Bonds. 4. All costs and expenses in connection with the financing of the acquisition, rehabilitation and equipping of the Project, including fees and expenses of Bond Counsel and the Authority, shall be paid at the direction of the Borrower from the proceeds made available from the issuance of the Bonds or from other funds of the Borrower. If for any reason the Bonds are not issued, it is understood that all such fees and expenses shall be paid by the Borrower and that the Authority shall have no responsibility therefor. 5. In adopting this inducement resolution authorizing the issuance of the Bonds, the Authority declares its official intent to issue the Bonds and provide moneys to reimburse the Borrower for its expenditures with respect to the Project, as contemplated by Treasury Regulations I ,150-2 promulgated pursuant to the Internal Revenue Code of 1986, as amended, 6. The Authority shall perform such other acts and adopt such further proceedings as may be required to implement its undertakings as herein set forth. Prior to the issuance and delivery of the Bonds, there shall be submitted to the Authority for its approval a Bond Resolution approving (a) the issuance of the Bonds, and (b) such other documents as may be necessary in the opinion of Bond Counsel to complete the transaction, provided such documents are acceptable to counsel to the Authority. 7. The Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia approve the issuance of the Bonds and directs the Chair of the Authority to transmit the Fiscal Impact Statement and a copy of this Resolution to the City Council of the City of Virginia Beach. &. The proper representative of the Authority is hereby authorized and directed to transmit this recommendation to the City Council of the City of Virginia Beach at its next available regular meeting at which an approval resolution can be properly placed on the CounciI's agenda for consideration. 9. The proper representative of the Authority is hereby authorized and directed to execute .and deliver to the Virginia Department of Housing and Community Development an application for the allocation of volume cap for tax exempt bonds to satisfy the requirements of Section 146 of the Code. 10. This Resolution shall take effect immediately upon its adoption. If the Bonds are not issued within one (1) year of the date of adoption of this Resolution, this Resolution shall be void and of no further effect. 11. The Authority hereby agrees, if requested, to accept the recommendation of the Borrower with respect to the appointment of an agent or underwriter for the sale of Bonds or a purchaser of the Bonds in a private placement pursuant to terms to be mutually agreed upon. ADOPTED: April 19, 2011 The undersigned Secretary of the City of Virginia Beach Development Authority hereby certifies that the foregoing is a true, correct, and complete copy of a Resolution adopted by the Authority's commissioners present and voting at a meeting duly called and held on April 19, 2011, in accordance with law, and that such Resolution has not been repealed, revoked, rescinded, or amended, but is in full force and effect as of the date hereof WITNESS my hand and the seal of the Authority this L�day of AM12011. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By:_ 2SSecrjetary��� I3536080vl Exhibit D DISCLOSURE STATEMENT Date: May 10, 2011 Applicant: New Sands Apartments Limited Partnership ("Company") All Owners: (If different from Applicant): None Type of Application: City of Virginia Beach Development Authority $6,500,000 Multifamily Housing Revenue Bonds (New Sands Apartments Project) Series 2011 to assist the Company in the acquisition, rehabilitation and equipping of a 120 -unit senior, Section 8, apartment project located at 6405 Auburn Drive, Virginia Beach, Virginia 23464 (the "Project"). The Company is a Virginia limited partnership. 2. The Company will be the owner of the Project. 3. The General Partner of the Company is New Sands Acquisition LLC, a Maine limited liability company. 4. The members of New Sands Acquisition LLC are Evergreen Partners 11 LLC and SHG Acquisition LLC. NEW SANDS APARTMENTS LIMITED PARTNERSHIP By- �IJJUkI4— /,-- William W. Harrison, Jr. Bond Counsel Exhibit E VIRGINIA BEACH CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $6,5000,000 MULTIFAMILY HOUSING REVENUE BONDS (NEW SANDS APARTMENT PROJECT) SERIES 2011 The City of Virginia Beach Development Authority (the "Authority") recommends approval of the above -captioned financing. New Sands Apartment Limited Partnership's residential facilities will promote industry, commerce and trade within the City of Virginia Beach. Financing provided by the Authority will assist in the acquisition and renovation of a life -care facility and assist that facility in meeting new market demands for its services, promote a substantial employment census and add to the City's economic tax base. 222 Central Pork Ave, Suite 1000 • Virginia Beach, Virginia 23462 • ph 757385.6464 or 800.989.4567 • fox 757.499.9894 Exhibit F FISCAL IMPACT STATEMENT FOR BOND ISSUE SUBMITTED TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY The undersigned applicant, to permit the Chairman of the City of Virginia Beach Development Authority to submit the following information in compliance with Section 15.2-4907. Code of Virginia of 1950, states: Name of Applicant: NEW SANDS APARTMENTS LIMITED PARTNERSHIP Project: 120 -Unit Senior, Section 8, Apartment Project I . Maximum amount of financing sought $ 6,500,000.00_ 2. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach 5 40 000.00 3. Estimated real property tax per year using present tax rates 48s50Q•©0 4. Estimated personal property tax per year using present tax rates 600.0() 5. Estimated machinery and tools tax per year using present tax rates _..______0 6. a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality 25,000.00 b. Estimated dollar value per year of goods that will be purchased from non -Virginia companies within the locality SAO00.00 C. Estimated dollar value per year of services that will be purchased from Virginia companies within the locality 52 OOO.OU d. Estimated dollar value per year of services that will be purchased from non -Virginia companies within the locality SSOOOUO 7. Estimated number of regular employees on year round basis 4 8. Average annual salary per employee 4_2 705.00 Including Benefits NEW SANDS APARTMENTS LIMITED PARTNERSHIP �P t y' 00 Sa-Jhs �tY �f� 4+•• � 3y By: _ ' ,� law. f ��. -•� • .t�(� r•GyG�— APPROVED: I4911079v1 CITY OF VIRGINIA BEACH DEVEIA17PAQENT AUTHORITY By: Chai Exhibit G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY MULTIFAMILY HOUSING REVENUE BOND 1. PROJECT NAME: 2. LOCATION: 3. DESCRIPTION OF PROJECT: 4. AMOUNT OF BOND ISSUE: 5. PRINCIPALS: New Sands Apartments Limited Partnership 6405 Auburn Drive, Virginia Beach, VA 23464 Assist in the acquisition, rehabilitation and equipping of a 120 -unit senior, Section 8, apartment proj ect $6,500,000 Evergreen Partners II LLC SHG Acquisition LLC New Sands Acquisitions LLC 6. ZONING: a. Present zoning classification of the Property: A-12 b. Is rezoning proposed: Yes c. If so, to what zoning classification: No XX Exhibit H VIRGINIA BEACH ECONOMIC DEVELOPMENT April 19, 2011 Mr. John W. Richardson Chairman Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 Subject: New Sands Apartments Project Multifamily Housing Revenue Bonds Dear John: It is the finding of the Department of Economic Development that the proposed issuance in the not to exceed amount of $6,500,000 in Multifamily Housing Revenue Bonds to assist New Sands in financing a portion of the cost of acquiring, rehabilitating, and equipping a 120 -unit senior, Section 8, apartment project located at 6405 Auburn Drive, Virginia Beach, VA 23464. This proposed project will benefit the citizens of the City through the promotion of their safety, health, and welfare. I will be happy to answer any questions you may have. Sincerely, Mark R. Wawner Project Development Coordinator MRW:IIs 222 Central Park Ave, Suite 1000 • Virginia Beach, Virginia 23462 • ph 757.385.6464 or 800.989.4567 • fax 757.499.9894 -46 - Item V-14. ORDINANCES ITEM # 60917 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the City Manager to EXECUTE Amendments Nos. 2 and 3 to the Encroachment Partnering Agreement with the United States of America, Department of the Navy (USN), to prevent encroachment and incompatible development in the vicinity of the Naval Air Station Oceana (NAS Oceana) Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 10, 2011 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AMENDMENT NOS. 2 AND 3 3 TO THE MULTI-YEAR AGREEMENT BETWEEN 4 THE UNITED STATES OF AMERICA AND THE CITY 5 TO PREVENT ENCROACHMENT AND 6 INCOMPATIBLE DEVELOPMENT IN THE VICINITY 7 OF NAVAL AIR STATION OCEANA (NAS OCEANA), 8 APPROVED BY ORD -3000B 9 10 11 WHEREAS, as authorized by Ordinance 3000B, adopted by the City Council on 12 September 25, 2007, the United States of America, Department of the Navy (the 13 "Navy") and the City entered into a Multi -Year Agreement on September 27, 2007, in 14 which the Navy and the City agreed that the City would convey to the Navy restrictive 15 easements over property the City acquires in the Interfacility Traffic Area (the "ITA"), 16 and the Navy would pay the lesser of the fair market value of the easement or 50% of 17 the City's acquisition cost of the ITA properties (the "Encroachment Partnering 18 Agreement"); 19 20 WHEREAS, the Encroachment Partnering Agreement provided that the Navy 21 would supply initial funding in the amount of $3,000,000 and that additional funds were 22 being sought and would be accomplished by a modification of the Encroachment 23 Partnering Agreement; 24 25 WHEREAS, as authorized by Ordinance ORD -3053C, adopted by the City 26 Council on September 23, 2008, the City and the Navy modified Encroachment 27 Partnering Agreement (Amendment No. 1) to increase the Navy's intended obligation 28 from $3,000,000 to approximately $7,072,050, or to the extent additional funds were 29 approved by the federal government; 30 31 WHEREAS, the City and the Navy desire to further modify the Encroachment 32 Partnering Agreement to remove the funding limitation from the Agreement, to the 33 extent that federal funds are appropriated, to streamline the appraisal terms, and to 34 include additional area to be covered by the Agreement, specifically the area south of 35 Indian River Road, within the contours of the Air Installations Compatible Use Zones 36 (AICUZ), which area is preliminarily being called the Rural AICUZ Area ("RAA"), for the 37 sale of easements to the Navy, as has been done in the ITA; 38 39 WHEREAS, all of the other terms of the Encroachment Partnering Agreement will 40 remain the same; and 41 42 WHEREAS, the City Council finds that amending the Encroachment Partnering 43 Agreement is in accordance with the City's ongoing efforts to partner with the Navy to 44 retain NAS Oceana as the East Coast Master Jet Base and is an effective means of 45 accomplishing the shared goal of preventing future encroachment around the bases. 46 47 48 49 50 51 52 53 54 55 56 57 58 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute Amendments Nos. 2 and 3 to the Encroachment Partnering Agreement to the extent such modifications are in substantial conformity with the Summary of Terms attached hereto and incorporated herein and such other terms, conditions or modifications as are deemed necessary and sufficient by 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 1 othday of May , 2011. CA11711 �,vbgov.com%.dfs I \applications\citylawprodkycom32,wpdocs\d027\p008\000I6993.doc 5/2/11 R-1 APPROVED A T CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: T C�11 Planning apartment City Attorney's Office SUMMARY OF TERMS OF AMENDMENT NOS. 2 & 3 TO THE MULTI-YEAR AGREEMENT BY AND BETWEEN THE UNITED STATES OF AMERICA AND CITY OF VIRGINIA BEACH, VIRGINIA, DATED SEPTEMBER 27, 2007 (the "Encroachment Partnering Agreement") Parties: The City of Virginia Beach and The United States of America, acting through the Department of the Navy Terms of Amendment No. 2: Amends the Encroachment Partnering Agreement to: • Clarify that the Navy may contribute any amount of funds to acquire easements pursuant to the Encroachment Partnering Agreement, to the extent that funds are appropriated, without requiring an amendment to the Agreement. • Allow the City and the Navy to obtain one appraisal to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such appraisals. Terms of Amendment No. 3 Amends the Encroachment Partnering Agreement to expand the area subject to the Agreement to include both the ITA and the area south of Indian River Road, within the contours of the Air Installations Compatible Use Zones (AICUZ), which area is preliminarily being called the Rural AICUZ Area ("RAA"), for sale of easements to the Navy, as has been done in the ITA. \\vbgov.com\dfs 1 \application s\citylawprod\cycom32\wpdocs\d028\p011\0001 7151.doc -47 - Item 47 - Item V -J. S. Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT.• Ordinance to AUTHORIZE the City Manager to EXECUTE a three (3) year Lease with Gilly's Creamery, LLC, at the Virginia Beach Farmers Market Voting: 11-0 (By Consent) Council Members Voting Aye.- Rita ye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. - None Council Members Absent: None May 10, 2011 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A 3 -YEAR LEASE WITH 3 GILLY'S CREAMERY, LLC FOR SPACE #14 IN THE 4 VIRGINIA BEACH FARMERS MARKET 5 6 WHEREAS, the City of Virginia Beach (the "City") is the owner of The City of 7 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 8 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 9 10 WHEREAS, Gilly's Creamery, LLC ("Gilly's") would like to enter into a formal 11 lease arrangement with the City for Space #14 in the Farmers Market (the "Premises"); 12 13 WHEREAS, the Premises will be utilized for the sale of fresh and frozen dairy 14 products, and related items, and for no other purpose; 15 16 WHEREAS, Gilly's has agreed to pay the City $637 per month ($7,644 per year) 17 for the use of the Premises for the first year of the term, with annual rent increases 18 equal to 5%; 19 20 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That the City Manager is hereby authorized to execute a lease for a term of three 24 (3) years between Gilly's Creamery, LLC and the City for the Premises in accordance 25 with the Summary of Terms attached hereto and made a part hereof, and such other 26 terms, conditions or modifications as may be acceptable to the City Manager and in a 27 form deemed satisfactory by the City Attorney. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia on the 1 Oth day of 30 May , 2011. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM �i City At orney ""Departme-nVof Agriculture CA11713 \\vbgov.com\DFS1 W pplications\CityLawProd\cycom32\W pdocs\D029\P010\00017182. DOC R-1 April 29, 2011 SUMMARY OF TERMS LEASE FOR SPACE #14 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Gilly's Creamery, LLC PREMISES: Space #14 TERM: 36 months: May 1, 2011 —April 30, 2014 RENT: Year 1: $637 per month ($7,644 per year) Year 2: $669 per month ($8,028 per year) Year 3: $702 per month ($8,424 per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for the operation of a dairy store, selling fresh and frozen dairy products, and related items, and for no other purpose. • Maintain leased space, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees. • Purchase commercial general liability insurance for the Premises with policy limits of not less than $1,000,000 combined single limits per occurrence. • Keep Premises open from 10:00 a.m. to 5:00 p.m. Monday through Sunday. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Property and structural elements of the Premises. • Provide water and sewer. • Provide electrical service unless Lessee has its own account with Dominion Virginia Power. TERMINATION: • After 18 months, either party may terminate by providing the other party sixty (60) days' written notice. • City also has special right to terminate if necessary for any public purpose by giving sixty (60) days' written notice. \\vbgov.com\dfs 1\applications\citylawprod\cycom32\Wpdocs\D012\P006\00028342.DOC I I LOCATION MAP X440 260 260 organic Grocer24 12❑8 ❑8 12 100 13 20 1 2 60 200 Rua[ Hertiage Dr. 11 S pace X 14 939 13 80 Picnic 30 8 2400 10 30 29 8 60, 20 10 30 / 2 6 9 / 31 1090 38 1178 24 16 15 3 40 s 939 VIRGINIA BEACH 320 40 35 17 FARMERS MARKET 4 -- 8--19--_�5 5 4 401 960 320 � 40 35 24 15 1�63 939 980 24 7 3 40 24 40 17 24 / 96\98 \28 35 40 \ 40 \ 4 5 24 24 35 4 5 Item V -J. 6. ORDINANCES ITEM # 60919 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT. Ordinance to AUTHORIZE acquisition of temporary and permanent easements for the South Lake Holly Watershed Improvements, Section III, either by agreement or condemnation, and AUTHORIZE the City Manager to make a reasonable offer to the owners or persons having an interest in said property Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 10, 2011 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF TEMPORARY AND 3 PERMANENT EASEMENTS FOR THE SOUTH 4 LAKE HOLLY WATERSHED IMPROVEMENTS 5 — SECTION III (CIP 7-016) , EITHER BY 6 AGREEMENT OR CONDEMNATION. s WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 9 public necessity exists for the construction of this important stormwater, utility and 10 neighborhood revitalization project to improve drainage, utility connection and pesdestrian 11 travel within the City and for other related public purposes for the preservation of the 12 safety, health, peace, good order, comfort, convenience, and for the welfare of the people 13 in the City of Virginia Beach. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 Section 1. That the City Council authorizes the acquisition by purchase or 19 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.1-91, et seg., and Title 20 25.1 of the Code of Virginia of 1950, as amended, of all those certain temporary and 21 permanent easements (the "Property"), as shown on the plans entitled "SOUTH LAKE 22 HOLLY WATERSHED IMPROVEMENTS — SECTION III, CIP NO. 7-016" (the "Project") 23 and more specifically described on the acquisition plats for the Project (plats and plans 24 collectively referred to as the "Plans"), the Plans being on file in the Engineering Division, 25 Department of Public Works, City of Virginia Beach, Virginia. 26 27 Section 2. That the City Manager is hereby authorized to make or cause to be 28 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 29 reasonable offer to the owners or persons having an interest in said Property. If refused, 30 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of 33 May , 2011. CA11019 \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d013\p010\00015159.doc R-1 PREPARED: 4/28/11 TO,eO.N,TENT DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM X:\Projects\CIP Projects\Princess Anne Rd: Kempsville Rd. Inter. Impr. 2-048\15 -COUNCIL\Ordinance for Projects that Include Entire Takes 02-05-07.doc N c a r l=Wr r, V Ld 61 a m MM OR;q F O Q uj L m a o m d c v cn v co cn co -49 - Item V -J. 7. a./b ORDINANCES ITEM # 60920 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinances to AUTHORIZE temporary and permanent encroachments into portions of City -owned property: a. Construct and maintain roof overhangs, roof parapet, hard awnings, light fixtures and a Fire Department connection for Viking Motel Corporation at 27`', 27 %2,18` Streets and Atlantic Avenue at 2700 Atlantic Avenue b. Maintain two (2) existing piers and construct and maintain a boat lift for Glen A. and M. Nicole Williams at Lake Rudee, 726 Kennedy Avenue Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: hfffnm May 10, 2011 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 RIGHTS-OF-WAY KNOWN AS 27th 7 STREET, 271/2 STREET (20' ALLEY), 8 28th STREET AND ATLANTIC 9 AVENUE, FOR VIKING MOTEL 10 CORPORATION LOCATED AT 2700 11 ATLANTIC AVENUE 12 13 WHEREAS, Viking Motel Corporation, a Virginia stock corporation desires to 14 construct and maintain roof overhangs, roof parapet, hard awnings, light fixtures, and 15 Fire Department connection within portions of City rights-of-way located at 2700 Atlantic 16 Avenue, in the City of Virginia Beach, Virginia; and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 20 City rights-of-way subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Viking Motel Corporation its 26 heirs, assigns and successors in title are authorized to construct and maintain 27 temporary encroachments for roof overhangs, roof parapet, hard awnings, light fixtures, 28 and Fire Department connection, within the City rights-of-way as shown on the map 29 marked Exhibit "A" and entitled: "EXHIBIT 'A' SHOWING AREAS OF 3o ENCROACHMENT FOR ROOF OVERHANGS, ROOF PARAPET, HARD AWNINGS, 31 LIGHT FIXTURES, AND FIRE DEPARTMENT CONNECTION VIRGINIA BEACH, 32 VIRGINIA NOVEMBER 15, 2010 SCALE: 1" = 50'," a copy of which is on file in the 33 Department of Public Works. Said exhibit plat consists of four (4) sheets, copies of 34 which are attached hereto as Exhibit "A" and to which reference is made for a more 35 particular description; and 36 37 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 38 subject to those terms, conditions and criteria contained in the Agreement between the 39 City of Virginia Beach and Viking Motel Corporation (the "Agreement"), which is 40 attached hereto and incorporated by reference; and 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 43 is hereby authorized to execute the Agreement; and 44 45 46 47 48 49 50 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Viking Motel Corporation and the City Manager or his authorized designee executes the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the, day of May 2011. CA -11668 R-1 PREPARED: 4/14/11 APPROVED AS TO CONTENTS BLIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM D MEYER, ASSI TANT CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 5 day of A f? -i I , 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and VIKING MOTEL CORPORATION, a Virginia stock corporation, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Parcel A"; as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 1, 6, 7, 8 AND THE EASTERN 21.5' OF LOT 2, BLOCK 67 AND CLOSED PORTION OF 27 Y2 STREET PROPERTY OF VIRGINIA BEACH DEVELOPMENT CO. (MB 3, PG 176) VIRGINIA BEACH, VIRGINIA DATED: OCTOBER 19, 2010 SCALE: 1" = 30', prepared by MSA, P.C.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20110217000169320, and being further designated, known, and described as 2700 Atlantic Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain roof overhangs, roof parapet, hard awnings, light fixtures, and Fire Department connection, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (CITY RIGHT-OF-WAY — NO GPIN REQUIRED OR ASSIGNED) 2428-00-8949-0000; (2700 Atlantic Avenue) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City rights-of-way known as 27th Street, 27%2 Street (20' alley), 28th Street and Atlantic Avenue, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT `A' SHOWING AREAS OF ENCROACHMENT FOR ROOF OVERHANGS, ROOF PARAPET, HARD AWNINGS, LIGHT FIXTURES, AND FIRE DEPARTMENT CONNECTION VIRGINIA BEACH, VIRGINIA NOVEMBER 15, 2010 SCALE: 1" = 50'," Said exhibit plat consists of four (4) sheets, copies of which are attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. 3 Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. . It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a 19 registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Viking Motel Corporation has caused this Agreement to be executed in its corporate name and on its behalf by Mahesh Raman Patel, its President. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) R CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2011, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2011, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Registration Number: My Commission Expires: r Notary Public (SEAL) Viking Motel Corporation By ?dA (SEAL) Mahesh Raman Patel, President STATE OF / CITY/C�2&% , to -wit: The foregoing instrument was acknowledged before me this 64' .. day of 2011, by Mehesh Raman Patel, as President of Viking Motel Corporation, a Virginia stock Corporation. fi. '�"EAL) Notary Public KATFIL.E:;E_hJ L_. MTC - Notary Registration Number: NGrAHY Pt jBt iC COf1lRlMPA'Calth of Virginia 13ecj. / 2552 I? My Commission Expires: l� FiI,a (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 7 APPROVED AS TO CONTENTS a- C . tiE SbNATURE pw kmi s c DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM IAAEYER, ASSTY ATTORNEY I AM 57510177 (AU J PG 175) N 7627949" E (4 W 4t 150.00' B-00-8949 SF OR 0.746 AC 57.89' An'AUEY 78.4a (AIB , PG 1.26) S 767117" W N/F MAHAKAAL 2701, LLC = (INS7-120060124000121610) 43'OFL07J& �) 28.5' OF L 0 T 2, BLOCK 67 (l.B. J,, PG. 177) 2 GPIN 2428-00-8844 ROOF OVERHANG ENCROACHMENT °o AREA=507 SF OR 0.012 AC 0 19.50' FALTH pF h VN o C- elt TYPICAL ROOF OVERHANG 1.66' Gs Y J.ETHER � Lic. No 3 SUF"j 2716h SJJid�'T fGl!' (Ara 4 P& 176 1-71.50' 5 7622756' W ROOF 0If-RHANG ENCROACHMENT EXHIBIT 'A' SHOWING AREAS OF ENCROACHMENT FOR ROOF OVERHANGS, ROOF PARAPET, HARD AWNINGS, LIGHT FIXTURES, AND FIRE DEPARTMENT CONNECTION VIRGINIA BEACH, VIRGINIA NOVEMBER 15, 2010 41 �3'S0 3.50' 3.50' SH££T 1 OF 4 MSA_ P.C_ awmm="smmcm-riam wV-Surveving Qv1&E virorm&nwF,gneaing-i anewAtcfitec. 5033 Rouse Drive, Virginia Beach, VA 23462 757-490-9264 (0fc) 757-490-0634 (Fax) www.msaonline.com PROJ. NO.: 08094 DATE: 11-15-10 SCALE: 1" = 50' �e N/F Q WKING H07FL CORP. (D.E.. 2.TD9, PG 1418) S 44' OF LOT 9, BLOCK 67 (M.8. 3, PG 177) GP/N 2428-00--%939 N 7627949" E (4 W 4t 150.00' B-00-8949 SF OR 0.746 AC 57.89' An'AUEY 78.4a (AIB , PG 1.26) S 767117" W N/F MAHAKAAL 2701, LLC = (INS7-120060124000121610) 43'OFL07J& �) 28.5' OF L 0 T 2, BLOCK 67 (l.B. J,, PG. 177) 2 GPIN 2428-00-8844 ROOF OVERHANG ENCROACHMENT °o AREA=507 SF OR 0.012 AC 0 19.50' FALTH pF h VN o C- elt TYPICAL ROOF OVERHANG 1.66' Gs Y J.ETHER � Lic. No 3 SUF"j 2716h SJJid�'T fGl!' (Ara 4 P& 176 1-71.50' 5 7622756' W ROOF 0If-RHANG ENCROACHMENT EXHIBIT 'A' SHOWING AREAS OF ENCROACHMENT FOR ROOF OVERHANGS, ROOF PARAPET, HARD AWNINGS, LIGHT FIXTURES, AND FIRE DEPARTMENT CONNECTION VIRGINIA BEACH, VIRGINIA NOVEMBER 15, 2010 41 �3'S0 3.50' 3.50' SH££T 1 OF 4 MSA_ P.C_ awmm="smmcm-riam wV-Surveving Qv1&E virorm&nwF,gneaing-i anewAtcfitec. 5033 Rouse Drive, Virginia Beach, VA 23462 757-490-9264 (0fc) 757-490-0634 (Fax) www.msaonline.com PROJ. NO.: 08094 DATE: 11-15-10 SCALE: 1" = 50' (A/.bt 2 PO 11T N r0. 6d --s A' FSI N 76179 49" f- I 150.00' OARCEL ## c:PIN:00A-8949 N/T AREA -32. SF OR 0.746 AC NK/NG HOZEZ CORP. g (OR. 2",, PG. 1418) 44' Or LOT 9, BLOCK 67 (M.8 3, PG 177) G2'/N 2428-00--7939 l _64.39' S EFFREY J. !\AE7RTHE1 Llc. No.6 8.16'. 1710 S7fiffr tff" (ALB 3, 176 HARD AWN/NG ENCROACHMENT EXHIBIT 'A' SHOWING AREAS OF ENCROACHMENT FOR BUILDING OVERHANGS, ROOF PARAPET, HARD m AWNINGS, LIGHT FIXTURES, AND FIRE DEPARTMENT CONNECTION Q 4,14' 16' 2, 50' c o 2.44' 4 CA _O a 0 44 - >VC .' 47.33' —2.50' 7>.50' 3°00' W3' S 7617756" N HEET 2 OF 4 MSA, 1?-C%�ww�ww•wwwwwww�w�wwin�wwwi. EnviroNrrta! science • Piarrang • Swvevmmgg civil & Enga • landscape Atchiteau�e 5033 Rouse Drive, Virginia Beach, VA 23462 757-490-9264 (Ofc) 757-490.0634 (f=ax) www.msaonline.com VIRGINIA BEACH, VIRGINIA PROJ. NO.: 08094 NOVEMBER 15, 2010 DATE: 11-15-10 SCALE: 1" = 50' A• AUEr 78 40' (ALB J P6 176) S17671'77' W w N 6,5' X 2.5' MAHAKAAL 2701, LLC Z� HARD AWNING (/NST.,' 20060124000121610) 4.i' Or LOT J& 285' OF LOT 2, BLOL3rC 67 (M - B. 3, RG 177) _ 22.17' X 2.5' 6P/N 2428-00-8844 HARD AWNING 0 AREA OF HARD AWNING ENCROACHMENT = r 229 SF OR 0.005 AC a EFFREY J. !\AE7RTHE1 Llc. No.6 8.16'. 1710 S7fiffr tff" (ALB 3, 176 HARD AWN/NG ENCROACHMENT EXHIBIT 'A' SHOWING AREAS OF ENCROACHMENT FOR BUILDING OVERHANGS, ROOF PARAPET, HARD m AWNINGS, LIGHT FIXTURES, AND FIRE DEPARTMENT CONNECTION Q 4,14' 16' 2, 50' 2.44' 4 CA _O a 0 44 - >VC .' 47.33' —2.50' 7>.50' 3°00' W3' S 7617756" N HEET 2 OF 4 MSA, 1?-C%�ww�ww•wwwwwww�w�wwin�wwwi. EnviroNrrta! science • Piarrang • Swvevmmgg civil & Enga • landscape Atchiteau�e 5033 Rouse Drive, Virginia Beach, VA 23462 757-490-9264 (Ofc) 757-490.0634 (f=ax) www.msaonline.com VIRGINIA BEACH, VIRGINIA PROJ. NO.: 08094 NOVEMBER 15, 2010 DATE: 11-15-10 SCALE: 1" = 50' JIM snag (4' R V (ME 3 PG 175) N WING H07FL CORP. (D.B. 2309 PG. 1418) 44' OF LOT 9, BLOCK 67 (M.8 3, PG 177) GP/N 2428-00-7939 20'AUEY (M.a 4 PG 176) 8.6614.01' 20,32114.01' .00 A' 'A' 'A' 'A' 'A' 'A' 13.58' N 76179 49" 76.40" S 767117" W N MAHAKAAL 2701, LLC (1NSTI 20060124000121610) 4,3' OF Lor 3 & 2&5' OF Lor 2, 49Lotx 67 UGHT FIXTURE ENCROACHMENT (M.B. 3, PG. 177) = 42 SF OR 0.001 AC GRIN 2428-00-8844 A FIRE DEPT CONNECTION ENCROACHMENT = 1 SF 'A' DENOTES 1.50' LIGHT FIXTURE ENCROACHMENT 'S' DENOTES 0.34' UGHT FIXTURE ENCROACHMENT of l�{7F?�'f1dFR'r� Lic. a--'2306 l k -e ,- i� `�� SURVE� ZM S7A!ZTW9W' R oV (m.8 'I 176 5. L10HT R1X7ZIRES AND F1RE' DEPARTMENT CONNECTION ENCROACHMENT EXHIBIT 'A' SHOWING AREAS OF ENCROACHMENT FOR BUILDING OVERHANGS, ROOF PARAPET, HARD AWNINGS, LIGHT FIXTURES, AND FIRE DEPARTMENT CONNECTION VIRGINIA BEACH, VIRGINIA NOVEMBER 15, 2010 SHEET J OF 4 MSA_ P.C�. Envia�ntal smen=-planing- surve�yu'�g Civil & Environmaval Pr�eeing • Laratscape Acchitch= 5033 Rouse Drive, Virginia Beach, VA 23462 757-490-9264(0%) 757-490-0634 (Fax) www.msaonline.com PROJ. NO.: 08094 DATE: 11-15-10 SCALE: 1" = 50' a ZCEI. 'A' w 28-00-8945 v l SF OR 0.746 AC I o 00 16' 'A' f ` � 'A'�: � N w w �v A•N v,w OD A ow 'A' o. A j cn Zi 59' 59' 14.01' 14.01' A 8.67' 8.66 12.66 7.49 'A' 'A' 'A' 71.50' 'A' 'A' 0.42' S 760756'" W L10HT R1X7ZIRES AND F1RE' DEPARTMENT CONNECTION ENCROACHMENT EXHIBIT 'A' SHOWING AREAS OF ENCROACHMENT FOR BUILDING OVERHANGS, ROOF PARAPET, HARD AWNINGS, LIGHT FIXTURES, AND FIRE DEPARTMENT CONNECTION VIRGINIA BEACH, VIRGINIA NOVEMBER 15, 2010 SHEET J OF 4 MSA_ P.C�. Envia�ntal smen=-planing- surve�yu'�g Civil & Environmaval Pr�eeing • Laratscape Acchitch= 5033 Rouse Drive, Virginia Beach, VA 23462 757-490-9264(0%) 757-490-0634 (Fax) www.msaonline.com PROJ. NO.: 08094 DATE: 11-15-10 SCALE: 1" = 50' PRINCESS NE ^^"^ ----- COUNTRY �' S CLUBd 3n S Ay�1N RD 3�h 5 A04 29 S �icr 2a 5 A1t,4NTIC 21' st oc>=Argy N 25th SZ 24th S� 2d Si 21st LOCATION MAP - SCALE: 1" = 2,000' NOTES: 1. NORTH MERIDIAN SHOWN HEREON IS BASED ON THE VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 1983/93 (HARN). 2. PROPERTY LINE INFORMATION SHOWN HEREON IS DERIVED FROM FIELD WORK PERFORMED BY MSA, P.C. ON JULY 21, 2008. 3. THE PURPOSE OF THIS EXHIBIT IS TO SHOW THE AREA OF ENCROACHMENT FOR BUILDING OVERHANGS, HARD AWNINGS, ROOF PARAPET, LIGHT FIXTURES AND FIRE DEPARTMENT CONNECTION. tjTH OF EI FREY J. ER' .,..L o. 2306 \�0 EXHIBIT 'A' SHOWING AREAS OF ENCROACHMENT FOR BUILDING OVERHANGS, ROOF PARAPET, HARD AWNINGS, LIGHT FIXTURES, AND FIRE DEPARTMENT CONNECTION VIRGINIA BEACH, VIRGINIA NOVEMBER 15, 2010 SHEET 4 OF 4 MSA- P -C_ %.--niai Sciences • i'farming• civil & Ea,vir«mxailet FrigQ irg•Lard x lec= 5033 Rouse Drive, Virginia Beach, VA 23462 757 490-9264 (Ofc) 757-490-0634(Fax) ww wnsaonlme.com PROJ. NO.: 08094 DATE: 11-15-10 SCALE: 1" = 40' Ij��� § § 52 � w |f | | o 7 � ( � ��\\ .- ` - « -®�� � A■ \\\}\2%Q=:\`-!° (((( |i |R ||§ §&I §iK:/}/)\\/\\(\\\()\( SSI Eg E3 2e2gGm5 7 � ( � ��\\ oilU a 6 Q 1 13 1 S u 1 8 Z _ ElLp1m. NDN Ml 0 '1 1 15A, w I! 000 ae 000 1N3W3SV= %3TV ; { ass 1�3d1S U4LZ w M Z n_ ~�w� � 4 i C ElLp1m. NDN Ml 0 '1 1 15A, w I! 000 ae 000 1N3W3SV= %3TV ; { ass 1�3d1S U4LZ w 0 V o) co 0 0 ao N N N r N co Z z0 ZV QW Z X00 aU_ Co W H W W m aaa0. Q W O o0 N aUo OW0J3 LU WLu N 0 a20�ON o U � u.Z 0Za J0(! WZZ_c� o UaYa _ Wm co WW LU W o 5 0 OX U. � O J LL 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS LAKE RUDEE 7 LOCATED AT THE REAR OF 726 8 KENNEDY AVENUE, FOR PROPERTY 9 OWNERS GLEN A. WILLIAMS AND M. 10 NICOLE WILLIAMS 11 12 WHEREAS, Glen A. Williams and M. Nicole Williams desire to maintain two (2) 13 existing piers and to construct and maintain a 12' X 12' boat lift upon the City's property 14 known as Lake Rudee, located at the rear of 726 Kennedy Avenue, in the City of 15 Virginia Beach, Virginia; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Glen A. Williams and M. 25 Nicole Williams, their heirs, assigns and successors in title are authorized to construct 26 and maintain temporary encroachments for a 12' X 12' boat lift and to maintain two (2) 27 existing piers upon a portion of City property known as Lake Rudee as shown on the 28 map marked Exhibit "A" and entitled: "EXHIBIT A PROPOSED BOAT LIFT FOR GLEN 29 A. AND M. NICOLE WILLIAMS LOT B-1. RESUB. OF LOTS A & B, BLK. 40, SHADOW 3o LAWN HEIGHTS LYNNHAVEN DISTRICT VIRGINIA BEACH, VA 23451 (M.B. 302 PG. 31 99) DATE: SEPTEMBER 10, 2010," a copy of which is attached hereto as EXHIBIT "A" 32 and to which reference is made for a more particular description; and 33 34 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 35 subject to those terms, conditions and criteria contained in the Agreement between the 36 City of Virginia Beach and Glen A. Williams and M. Nicole Williams (the "Agreement"), 37 which is attached hereto and incorporated by reference; and 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 40 is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 43 time as Glen A. Williams and M. Nicole Williams and the City Manager or his authorized 44 designee executes the Agreement. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day 47 of May . 2011. CA -11683 R-1 PREPARED: 4/25/11 APPROVED AS TO CONTENTS Q . Lp)w-'m� PUBLIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM gAREYER, ASSISTANT CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 25th day of April, 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and GLEN A. WILLIAMS and M. NICOLE WILLIAMS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot B-11", as shown on that certain plat entitled: "AMENDED RESUBDIVISION OF PROPERTY LOTS A & B — BLOCK 40 MAP OF SHADOW LAWN HEIGHTS M.B. 286 P. 44, 45 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 30' NOVEMBER 13, 2001 SHEET 1 OF 2, prepared by GALLUP SURVEYORS & ENGINEERS, LTD.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 302, at page 99, and being further designated, known, and described as 726 Kennedy Avenue, Virginia Beach, Virginia 23451; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Rudee, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. GPIN: 2427-01-8282-0000; (CITY PROPERTY KNOWN AS LAKE RUDEE) 2427-01-3257-0000; (726 Kennedy Avenue) NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A PROPOSED BOAT LIFT FOR GLEN A. AND M. NICOLE WILLIAMS LOT B-1. RESUB. OF LOTS A & B, BLK. 40, SHADOW LAWN HEIGHTS LYNNHAVEN DISTRICT VIRGINIA BEACH, VA 23451 (M.B. 302 PG. 99) DATE: SEPTEMBER 10, 2010 SCALE: 1" = 30'," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall make a SIX HUNDRED AND SIXTY-SIX DOLLAR ($666.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15 - foot -wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City -owned property. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is 3 deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the 0 Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Glen A. Williams and M. Nicole Williams, the said Grantees has caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 9 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2011, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2011 by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) By GI n . Williams, Owner B � M. Nicole Williams, Owner STATE OF CITY/COUNTY OF VA 1f�'r ,� c �rc.c , to -wit: 1I( The foregoing instrument was acknowledged before me this X75_ day of 2011, by Glen A. Williams. Notary Registration Number: My Commission Expires: STATE OF CITY/COUNTY OF VA &-uc , to -wit: The foregoing instrument was acknowledged 4/4 , 2011 by M. Nicole Williams. Notary Registration Number: My Commission Expires: 7 f61 before me this o�5 day of,�;aa5��;yp Public its f" � APPROVED AS TO CONTENTS 1:P ua,L. DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM N A EYER, ASS TANT CITY ATTORNEY 0 8 LAKE RUDEE -LOTS 8 & 9 — N/F R.E. GALLOWAY a (20070607000774720) 9 10 PROPOSED\`ss '� o �LOTS 10 & 11 12'x 12' BOAT LIFT N/F T.A. KUSH _ (200208263022039) 1A C) LOT Al N/F DAVID S. SIMS o\ (200207313010126) PARCEL LINE TABLE A A% y L 1• N 46'08'31 " W 2 29' L2: N 5457'09" W 19.55' \ L3: N 45'00'56" W 23.26' L4: N 49'13'59" W 28.95' L5: N 48'0509" W 26.02' IPF L6: N 48"54'43" W 15.51' L7: S 882903" W 12.34' —' L8: S 17'06'14" W 16.50' IPF cb L9: S 13'5354" E 10.00' "-1 IPF O (6 1 PLAN VIEW w d. I 0 30' 60' I ;n �I 1"=30' LOT B-1 2427-01-3257 IPF N 76'6'37" E 50.00' ' © 2010 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED. EX. PIER 1O IN IT O'er � o0 Iz IPF 1 � Jto "t w Uj= � U cq O^ ^Q� m � ZJ I KENNEDY AVENUE (50') (M.B. 7, PG. 14) 12 13 14 15 WATERFRONT EXHIBIT A CONSULTING PROPOSED BOAT LIFT INC. FOR GLEN A. AND M. NICOLE WILLIAMS 1112 JENSEN DRIVE, STE. 206 LOT B-1. RESUB. OF LOTS A & B, BLK. 40, SHADOW LAWN HEIGHTS VIRGINIA BEACH, VA 23451 LYNNHAVEN DISTRCT VIRGINIA BEACH, VA 23451 PH: (757) 425-8244 FAX: (757) 216-6687 (M.B. 302 PG. 99) DATE: SEPTEMBER 10, 2010 �* low Alo : v 1�- Vk m lit CF uj gem >f? Z 0 LU a I 4 x = OL)o ecmz bc . lz 0 w z LU .2 . . ...... is 106 QL -50 - Item V -J.8. alb. ORDINANCES ITEM # 60921 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT. Ordinances to ACCEPT and APPROPRIATE: a. $ 15, 000 from the United States Department of Homeland Security to the Fire Department's FY2010-11 Operating Budget re an Emergency Management Exercise b. $112, 000 from the Inmate Services fund balance to the FY 2010 Operating Budget of the Sheriff's Office to investigate criminal activity within the facility and ADD 2.4 full- time positions to create a Special Investigative Unit Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 10, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS TO THE FY 2010-11 OPERATING BUDGET OF THE FIRE DEPARTMENT FOR AN EMERGENCY MANAGEMENT EXERCISE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: $15,000 is hereby accepted from the United States Department of Homeland Security and appropriated, with estimated federal revenues increased accordingly, to the FY 2010-11 Operating Budget of the Fire Department to cover costs related to a full- scale emergency management exercise of the Virginia Beach Medical Friendly Shelter at the Virginia Beach Field House. Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of May , 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services Y40ffice CA11854 R-1 April 15, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE FUND BALANCE OF THE INMATE SERVICES FUND TO THE FY 2010-11 OPERATING BUDGET OF THE SHERIFF'S OFFICE AND TO APPROVE 2.4 FTES FOR THE SHERIFF'S OFFICE FOR THE EXPANSION OF THE SHERIFF'S PROFESSIONAL STANDARDS DIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $112,000 is hereby appropriated from the Fund Balance of the Inmate Services Fund to the FY 2010-11 Operating Budget of the Sheriff's Office to investigate criminal activity within the facility; and 2. 2.4 full-time equivalent positions are increased within the Sheriff's Office to provide investigative assistance to the Sheriff's Professional Standards Division by the creation of a Special Investigative Unit. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 Oth day of May, , 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J�_ 1 ti Management Services y's Office CA11858 R-1 April 27, 2011 -51 - Item V-J.9a/b/c. ORDINANCES ITEM # 60922 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinances to TRANSFER: $6,381,613 from the School Board's FY 2010-11 Operating Fund.• $5,194, 613 from Instruction to Technology $ 871, 860 from Administration, Attendance and Health to Technology $ 280, 500 from Transportation to Operations and Maintenance $ 35, 010 from Instruction to Operations and Maintenance $64,429 from the School Board's FY 2010-11 Operating Fund to the Technology Fund re computers and technology supplies: $18, 025 from Instruction $44, 000 from Administration, Attendance and Health $ 2, 404 from Operations and Maintenance $2,835,518 from the School Board's FY 2010-11 Operating Fund to the Technology Fund re special education $2, 560, 518 from Instruction $ 100, 000 from Administration, Attendance and Health $ 175, 000 from Transportation Voting: 11-0 (By Consent) Council Members Voting Aye.- Rita ye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: None May 10, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE TO TRANSFER FUNDS FROM THE SCHOOL BOARD'S FY 2010-11 OPERATING FUND TO THE SCHOOL TECHNOLOGY FUND AND BETWEEN MAJOR CLASSIFICATIONS OF THE OPERATING FUND BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $6,381,983 is hereby transferred within the FY 2010-11 School Budget in the amounts set forth below: 1. $5,194,613 from the Instruction Classification of the Operating Fund to the Technology Fund; 2. $871,860 from the Administration, Attendance, and Health Classification of the Operating Fund to the Technology Fund; 3. $280,500 from the Transportation Classification to the Operations and Maintenance Classification; and 4. $35,010 from the Instruction Classification to the Operations and Maintenance Classification. Adopted by the Council of the City of Virginia Beach, Virginia, on the I Oth day of May , 2011. APPROVED AS TO CONTENT h _'_ qn! Management Services CA11851 R-2 April 13, 2011 APPROVED AS TO LEGAL SUFFICIENCY: i ffice 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO TRANSFER FUNDS FROM THE SCHOOL BOARD'S FY 2010-11 OPERATING FUND TO THE SCHOOL TECHNOLOGY FUND FOR COMPUTERS AND TECHNOLOGY SUPPLIES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $64,429 is hereby transferred within the FY 2010-11 School Budget in the amounts set forth below: 1. $18,025 from the Instruction Classification of the Operating Fund to the Technology Fund; 2. $44,000 from the Administration, Attendance, and Health Classification of the Operating Fund to the Technology Fund; and 3. $2,404 from the Operations and Maintenance Classification of the Operating Fund to the Technology Fund. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 h day of May , 2011. APPROVED AS TO CONTENT I 1 Management Services CA11861 R-1 April 29, 2011 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office SCHOOL BOARD Daniel D. Edwards chat... District 1- Centerville 1513 Beachvtew Drive VA Beach, VA 23464 4953551 (h) • 717-0259 (c) Wiliam J. "BiB" Brunke, IV Vk;e-Chairman District 7 - Princess Anne 4099 RAymod Drive, Suite 10B Vkgi to Beach, VA 23462 222-0134 (w) • 286-2772 (c) Todd C. Davidson At -Large 1861 Mayberry Drive VA Beach, VA 23456 4273330 (w) • 285 -MM (c) Emma L'Em" Davis District 5 - Lynnhavea 1125 Michaelwood Drive VA Beach, VA 23452 340$911 (h) Dorothy M.'DDWe' Holz Al. -Large 1304 Downs Lane VA Beach, VA 23455 460-2440(h) Brent N. Mckenzie District 3 - Rose Hall 1400 Brookwood Place VA Beach, VA 23453 816-2736 (c) Ashley K. Mcleod At -Large 5508 Del Park Avenue VA Beach, VA 23455 552-0348 (h) Samuel G. "Sam" Reid District 6 - Beach 1533 VA Beach Blvd. VA Beach, VA 23454 284-1067 (c) Patrick S, Salyer At -Large 2233 Creeks Edge Drive VA Beach, VA 23451 620-2141 (c) Sandra Smith -Jones District 2 - Kempsville 705 Rock Creek Court VA Beach, VA 23462 490-8167(h) Carolyn D. Weems Dislrrct 4 - Bayside 1420 Gaudio Drhre VA Beach, VA 23455 464-6674 (h) SUPERINTENDENT James G. Merrill, Ed -1). 2512 George Mason Drive VA Beach, VA 23455 2631007 BEACH CITY PUBLIC SCHOOLS A H E A D O F T H E C U R V E RESOLUTION REGARDING FY 2010-11 BUDGET AND REQUEST FOR CATEGORICAUFUND TRANSFERS WHEREAS, the City of Virginia Beach, Virginia's adopted Budget Ordinance for the current fiscal year appropriated funds to the School Board of the City of Virginia Beach, Virginia by major Category; and WHEREAS, The Code of Virginia §22,1-115, as amended, requires that technology related expenditures be made in a separate Fund or Category; and WHEREAS, the Administration has determined that various schools and departments have technology related needs and requirements to purchase computers, monitors, printers, computer supplies, technological services, and various other technology related items and that categorical/fund transfers are necessary to make these purchases; and WHEREAS, the following budget transfers are recommended by the School Administration: *Total of $18,025 from Operating Fund 115 - Instruction to Technology Fund 106 *Total of $44,000 from Operating Fund 115 -- Administration to Technology Fund 106 •Total of $2,404 from Operating Fund 115 — Operations and Maintenance to Technology Fund 106; and WHEREAS, transfers between categories/funds must be approved by the City Council prior to expenditure of such funds by the School Board. NOW, THEREFORE, BE IT RESOLVED: That the School Board approves and affirms the above listed recommended uses of these funds; and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the budget categoricallfunds transfers shown above; and be it FINALLY RESOLVED: That a copy of this Resolution be spread across the official minutes of this School Board, and the Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 26th day of April 2011 SEAL Attest: Dianne P. Alexander, Clerk of the Board School Administration Building " 2512 George Mason Drive • P.O. Box 6038 •Virginia Beach, VA 23456-0038 Bielwards, School Boar Chairman CEAND CORRECT copy E Olork, school Board of the City of Virginia BeaCh www,vbsc iools.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO TRANSFER FUNDS FROM THE SCHOOL BOARD'S FY 2010-11 OPERATING FUND TO THE SCHOOL TECHNOLOGY FUND FOR SPECIAL EDUCATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $2,835,518 is hereby transferred within the FY 2010-11 School Budget in the amounts set forth below: 1. $2,560,518 from the Instruction Classification of the Operating Fund to the Technology Fund; 2. $100,000 from the Administration, Attendance, and Health Classification of the Operating Fund to the Technology Fund; and 3. $175,000 from the Transportation Classification of the Operating Fund to the Technology Fund. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of May , 2011. APPROVED AS TO CONTENT Management ervices CA11862 R-1 April 29, 2011 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 'VIRGINIA SCHOOL BOARD Daniel D. Edwards Chairman District 1— Centerville 1513 Beachviea Drive VA Beach, VA 23464 495.3551(h) . 717-0259 (c) William J. "Big' Bmnke, IV Vice -Chairman District 7 — Princess Anne 4099 Foxwood Drive, Suite 108 Virginia Beach, VA 23462 222-0134 (w) • 2B6-2772 (c) Todd C. Davidson At -Large 1861 Mayberry Drive VA Beach, VA 23456 427-3330 (w) • 285-9409 (c) Emma L. "Em" Davis District 5 — Lynnhaven 1125 Michaekood Drive VA Beach, VA 23452 34U911(h) Dorothy M. "Dottle" Holtz At -large 1304 Downs Lane VA Beach, VA 23455 460.2440 (h) Breen N. Mckeazie District 3 — Rose Hall 1400 Brookwood Place VA Beach, VA 23453 816-2736 (c) Ashley K. McLeod At -Large 5508 Dol Park Avenue VA Beach, VA 23455 552-0348 (h) Samuel G. "Sam" Reid District 6 — Beach 1533 VA Beach Blvd. VA Beach, VA 23454 2841067 (c) Patrick S, Salyer At -Large 2233 Creeks Edge Drive VA Beach, VA 23451 62112141. (c) Sandra Smith -Jones District 2— Kempsvills 705 Rock Creek Court VA Beach, VA 23462 490-8167 (h) Carolyn D. Weems District 4 — Bayside 1420 Claudia Drive VA Beach, VA 23455 464.6674 (h) SUPERINTENDENI James G. MerrHL EdD. 2512 George Mason Drive VA Beach, VA 23456 263-1007 BEACH CITY PUBLIC SCHOOLS A H E A D O F T H E C U R V E RESOLUTION REGARDING FY 2010.11 BUDGET AND REQUEST FOR CATEGORICALIFUND TRANSFERS WHEREAS, the City of Virginia Beach, Virginia's adopted Budget Ordinance for the current fiscal year appropriated funds to the School Board of the City of Virginia Beach, Virginia by major Category; and WHEREAS, The Code of Virginia §22,1-115, as amended, requires that technology related expenditures be made in a separate Fund or Category; and WHEREAS, the Special Education Department has determined the need to purchase required technology in order to meet the Special Education needs of the Special Education Program and specifically to purchase technology related items such as desktop computers, laptop computers, min -laptop computers, various types/kinds of software to support specific program and student needs and that categorical/fund transfers are required to enable those purchases; and WHEREAS, the expenditure of these funds is required for the Schools to meet Federal Maintenance of Efforts requirements; and WHEREAS, the following budget transfers are recommended by the School Administration: *Total of $2,560,518 from Operating Fund 115 - Instruction to Technology Fund 106 *Total of $100,000 from Operating Fund 115 - Admin., Attendance & Health to Technology Fund 106 .Total of $175,000 from Operating Fund 115 — Transportation to Technology Fund 106; and WHEREAS, transfers between categories/funds must be approved by the City Council prior to expenditure of such funds by the School Board. NOW, THEREFORE, BE IT RESOLVED: That the School Board approves and affirms the above listed recommended uses of these funds; and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the budget categoricallfunds transfers shown above; and be it FINALLY RESOLVED: That a copy of this Resolution be spread across the official minutes of this School Board, and the Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 26th day of April 2011 SEAL Attest: Dianne P. Alexander, Clerk of the Board School Administration Building - 2512 George Mason (hive • P.O. Box 6038 • Virginia Beach, VA 23456-0038 Daniel D. Edwards, School Board Chairman CERTIFIED TO BEA TRUE AND CORRECT COPY clerk, Bohol Board of the City of Vlr irtia 968th a MIM Item K. PLANNING 1. WILDLIFE RESPONSE, INC. (WRI) 2. GREAT NECK BAPTIST CHURCH 3.DARSHAKPATEL (KAVERI, LLC) and MABEL BROCK 4. GREYHOUND LINES, INC. -52 - ITEM # 60923 5.7 -ELEVEN, INC. /COURTHOUSE MARKETPLACE OUTPARCELS, LLC 6. CITY ZONING ORDINANCE 7. CITY ZONING ORDINANCE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT MODIFICATION OF CONDITIONS RE SIZE OF CONVENIENCE STORE CONDITIONAL USE PERMIT a. Modification of Conditional Change of Zoning b. Modification of Conditional Use Permit a. AMEND Portions of Sections 104, 203 and 205 re commercial and recreational vehicles b. AMEND Section 108 re posting of signs relating to certain rezoning, etc., applications c.AMEND Sections 239.05, 901 and 1810 re the Comprehensive Plan Resolution to REFER to the Planning Commission Ordinance to AMEND Sections 502 and 602 re setback requirements for certain accessory structures May 10, 2011 -53 - Item K. PLANNING ITEM # 60924 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Items 2, 3, 4 (DEFERRED August 9, 2011), S, 6 and 7 OF THE PLANNING BY CONSENT AGENDA: Voting: 11-0 (By Consent) Council Members Voting Aye.- Rita ye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 10, 2011 -54 - Item K.1. PLANNING ITEM # 60925 The following registered to speak in SUPPORT re WILDLIFE RESPONSE, INC. Attorney Chris Floyd, Vandeventer Black, LLP, 101 West Main Street, 500 World Trade Center, Norfolk, Phone: 446-8600, represented the applicant. Wildlife Response, Inc. is requesting a Conditional use Permit for development of a Wildlife Rehabilitation Center on property owned by the City of Virginia Beach. In attendance also were President Lisa Barlow and Vice President William Haynie. Wildlife Response objects to the request the application be DEFERRED INDEFINITELY. Wildlife Response has worked over two (2) years with City staff who identified this property and noted it was available and feasible for a Wildlife Center as well as encouraging Wildlife Response to seek a Conditional Use Permit. The Executive Report addresses WRI's experience and describes the elements of the project, including planning and design efforts undertaken thus far, projected costs for the three phases of the project and donations received to -date to offset those costs, operational aspects for the Center and funding plans for taking all phases of the project to completion. The list of WRI's Board Members and current supporters and donors for the Wildlife Center project is available. Lisa Barlow, President - Wildlife Response, Post Office Box 2904, Chesapeake, Virginia 23327, Phone: 235-3189. This is a 501(c)(3) organization and is an all volunteer, no paid staff. Wildlife Response has been incorporated and operational since 1992. Bill Haynie, Architect and Vice President - Wildlife Response, 2472 Laurel Cove, Phone: 407-8821. An existing structure will be renovated for use as a Caretaker Residence. Rehabilitation enclosures will be constructed to house recuperating wildlife. Most, if not all, of the current wooded area would remain in a neutral state. The second phase would commence with the Medical Treatment Center and additional rehabilitation enclosures, as well as additional solar water collection platforms and a small workshop for onsite maintenance. Michelle Dick, 5553 War Admiral Road, Phone: 671-2087, Wildlife Volunteer. She became involved when they relocated the geese from Mount Trashmore. She has always been able to contact Lisa Barlow, President - Wildlife Response, who is the "hands on " person and has an established network. April Threet, 216 North Fir Avenue, Phone: 376-5559, small business owner, President - Pet Bird Association of Virginia. She has referred individuals to Wildlife Response, who has made efforts to educate individuals re wildlife. The following registered in OPPOSITION: Cynthia Rickman, 512 South Atlantic Avenue, Phone: 615-6803, deferred to Sharon Adams, Executive Director - SPCA Evelyn Flengas, President and James P. Flengas, Secretary -Treasurer, 2633 Highland Drive, Phone: 430-2886, represented Evelyn's Wildlife Refuge and requested the chance for SPCA and Evelyn's to submit their proposal. This Refuge has been operating for approximately 5 -%z years and as a non-profit, licensed Rehabber for twenty-one years. The Center is necessary and needed in Southeastern Virginia. Wendy L. Dilley, 1400 Victory Boulevard, Portsmouth, Phone: 353-2525, deferred to Sharon Adams, SP(,A, May 10, 2011 -55 - Item K 1. PLANNING ITEM # 60925 (Continued) The following registered in OPPOSITION (Continued). Sharon Adams, Executive Director — Virginia Beach SPCA, 3040 Holland Road, Phone: 427-0070, reminded City Council that since John Baum was on the City Council, there have been discussions re a Wildlife Center. The SPCA has been in discussion with the City for at least five (5) years concerning the initial process. A chronology will be forwarded to City Council Members. There is a record that will support their interest in a Center. They are also open to partnerships and collaborations. There is a membership of 15,000 in the Virginia Beach SPCA. Those individuals support their budget of $2.6 - Million per year Joseph DiJulio, 3620 Seahorse Way, Phone: 498-5389, President — Virginia Beach SPCA, suggested a Request for Proposal (RFP) be submitted. Lisa McFarland, 952 Daniel Maloney Drive, Phone: 479-4474, Volunteer with SPCA for thirteen (13) years. She runs the animals one night a week to the rehabbers that need to release them back into the wild. She is strictly a "shuffler " Joe Monahan, 2669 Majesty Lane, Phone; 301-9887, Retired Commercial Banker, resident in the West Neck area of the City. Heidi Pocklington, 505 Holbrook Road, Phone: 486-5339, Volunteer with the Virginia Beach SPCA for ten (10) years. She is one of the main individuals who man the Wildlife Referral "hot line ". Virginia Tavenner, George Washington Highway, Chesapeake, and 3040 Holland Road, Virginia Beach, Phone: 427-0070, Rehab ilitator for twenty (20) years. Allen Cheek, Virginia Beach SPCA, deferred to Cynthia Rickman Cynthia Rickman, 512 South Atlantic Avenue, Phone: 615-6803, Virginia Beach SPCA Board Member, but addressed City Council as a Taxpayer. Ms. Rickman concerned with the process used to consider a Conditional Use Permit on City land. Barbara Gipson, Virginia Beach SPCA, 3712 Gladstone Drive, Phone: 478-0532, deferred to Linda Ratcliffe Linda Ratcliffe, 1030 Red Oak Road, Phone: 373-9767, Volunteer with the SPCA, has been rehabilitating song birds for many years. She is the primary Songbird Rehabilitator in Virginia Beach. This area could only effectively support one Wildlife Center. Upon motion by Council Lady Henley, seconded by Vice Mayor Jones, City Council ADOPTED the Ordinance upon application of WILDLIFE RESPONSE, INC., (WRI) re a Conditional Use Permit, for a Wildlife Rehabilitation Center, 3592 Indian River Road (GPIN 1483386300). DISTRICT 7 - PRINCESS ANNE May 10, 2011 swom Item K.1. PLANNING ITEM # 60925 (Continued) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of WILDLIFE RESPONSE, INC., (WRI) re a Conditional Use Permit, for a Wildlife Rehabilitation Center, 3592 Indian River Road (GPIN 1483386300). R051137471 DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: The site shall be developed substantially in accordance with the submitted "Conceptual Site Layout for Wildlife Response & Rehabilitation Center", Page 1 of 2, not dated, and prepared by Aatlantia Design Group, Inc. and "Enlarged Conceptual Site Layout for Wildlife Response & Rehabilitation Center ", Page 2 of 2, not dated, prepared by Aatlantia Design Group, Inc. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 2. The proposed Caretaker House will be renovated substantially in accordance with the submitted "Alterations and Renovations to Wildlife Response - Caretaker House Sheet AE201, dated March 12, 2010. Signage depicted on the elevations is not approved. A separate sign package shall be submitted to the current Planning Division for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The design and construction of all pathways (both private and public) and animal enclosures in all phases will need to be coordinated with Virginia Beach Parks and Recreation Planning Design and Development. 4. A Tree Removal/Tree Protection Plan must be prepared by an ISA Certified Arborist or an RSCA Registered Consulting Arborist and submitted to the City Arborist for review and approval prior to any tree removal for pathways, animal enclosures, structures, parking, etc. 5. Individual diseased or dying trees can be removed only after consultation with the City Arborist. This Ordinance shall be effective in accordance with Section 107 )q of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Tenth day of May, Two Thousand Eleven May 10, 2011 -57 - Item K.1. PLANNING ITEM # 60925 (Continued) Voting: 11-0 Council Members Voting Aye.- Rita ye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: None May 10, 2011 W12 Item K.2. PLANNING ITEM # 60926 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance upon application of GREAT NECK BAPTIST CHURCH for a Conditional Use Permit re a preschool with a "Before and After -School " program" at 1020 General Jackson Drive. (GPIN# 2408030944 DISTRICT S - L YNNHA VEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of GREAT NECK BAPTIST CHURCH for a Conditional Use Permit re a preschool with a "Before and After - School" program " at 1020 General Jackson Drive. (GPIN# 2408030944 DISTRICT 5 - LYNNHAVEN R051137472 This Ordinance shall be effective in accordance with Section 107 ()q of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Tenth day of May, Two Thousand Eleven Voting: I1-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 10, 2011 -59 - Item K.3. PLANNING ITEM # 60927 Upon motion by Vice Mayor Jones, seconded by Lady Wilson, City Council ADOPTED, BY CONSENT Ordinance upon Application of DARSHAK PATEL (KAVERI, LLC)/MABEL BROCK for a Modification of a Conditional Use Permit re a gas station and convenience store (approved by City Council January 21, 1985) and ADD a Greyhound passenger transportation terminal on-site at 971 Virginia Beach Boulevard. DISTRICT 6 -- BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of DARSHAK PATEL (KAVERI, LLC)/MABEL BROOK for a Modification of a Conditional Use Permit re a gas station and convenience store (approved by City Council January 21, 1985) and ADD a Greyhound passenger transportation terminal on-site at 971 Virginia Beach Boulevard (GPIN 2417659737). DISTRICT 6 - BEACH R051137473 The following conditions shall be required: The condition attached to the Conditional Use Permit granted by the City Council on January 21, 1985, remains in effect. 2. The proposed addition shall be located substantially in accordance with the submitted physical survey plan of the site prepared by Beck Associates PC. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The driveway/curb cut, on Virginia Beach Boulevard, located near the intersection of Virginia Beach Boulevard and Seabridge Road, shall be closed. Landscaping, in accordance with the Site Plan Ordinance Section 5A, shall be installed along the Virginia Beach Boulevard and Seabridge Road frontages, except for the necessary access points. 4. Pedestrian walkways) to the convenience store shall be provided from any required sidewalks in the public rights-of-way in accordance with Section 246(d) of the Zoning Ordinance. 5. No outdoor vending machines and/or display of merchandise shall be allowed on the site. 6. Foundation landscaping shall be installed along all the building walls. The planting bed shall be a minimum of'three (3) feet in width and shall contain low growing evergreen shrubs. 7. The dumpster shall be screened and landscaped in accordance with the Site Plan Ordinance, Section 5A. 8. The applicant/owner shall provide a photometric plan for review/approval by the Virginia Beach Department of Planning or appropriate City staff. All lighting on the site will be consistent with the standards published by the Illumination Engineering Society of North America. The spotlights located along the front of the building shall be adjusted, if used, so as not to shine directly on the adjacent rights -of -ways. Lighting shall be directed/deflected down at the ground and not out horizontally or up in the air. May 10, 2011 WSJ Item K.3. PLANNING ITEM # 60927 (Continued) 9. The entire building shall be painted an earth tone color. 10. The non -conforming free-standing sign shall be modified to conform to the current requirements of the City Zoning Ordinance or shall be removed and may be replaced with a conforming sign within three (3) months of City Council approval. 11. The only signs allowed on the site shall be those permitted in the City Zoning Ordinance, Article 9, Section 905 (b). There shall be no signage in or on the doors and windows of the building that exceeds ten percent (10%) of the total areas, doors and windows. There shall be no signs, pennants, banners and/or flag -type signs attached to any poles and/or displayed on the site. This shall be accomplished within one (1) week of City Council approval. 12. The seating area located on the East side of the front of the store shall be removed within one (1) week of City Council approval. This Ordinance shall be effective in accordance with Section 107 ()9 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Tenth day of May, Two Thousand Eleven Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 10, 2011 -61 - Item K.4. PLANNING ITEM # 60928 Upon motion by Vice Mayor Jones, seconded by Lady Wilson, City Council DEFERRED TO AUGUST 9, 2011, BY CONSENT, Ordinance upon Application of GREYHOUND LINES, INC. for a Conditional Use Permit re a passenger transportation terminal at 971 Virginia Beach Boulevard. (GPIN 2417659737) DISTRICT 6 - BEACH Voting: 11-0 (By Consent) Council Members Voting Aye.- Rita ye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: None May 10, 2011 -62 - Item K. S. PLANNING ITEM # 60929 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council. ADOPTED, BY CONSENT, Ordinances upon Applications of 7 -ELEVEN, INC./COURTHOUSE MARKETPLACE OUTPARCELS, LLC at 2448 Nimmo Parkway re a retail center. DISTRICT 7 -PRINCESS ANNE, BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of 7 -ELEVEN, INC./COURTHOUSE MARKETPLACE OUTPARCELS, LLC, Modification of Conditional Change of Zoning, re Wawa site, 2448 Nimmo Parkway (GPIN 1494637921; 1494638788). PRINCESS ANNE DISTRICT. The following condition shall be required. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made apart of the record. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of 7 -ELEVEN, INC./COURTHOUSE MARKETPLACE OUTPARCELS, LLC, Conditional Use Permit, fuel sales with convenience store, 2448 Nimmo Parkway (GPIN 1494637921; 1494638788). PRINCESS ANNE DISTRICT. RO51137474 The following conditions shall be required: The site shall be developed substantially in accordance with the submitted "Conceptual Site Layout and Landscape Plan of 7 -Eleven at Courthouse Marketplace, Princess Anne Road and Nimmo Parkway, Virginia Beach, Virginia ", prepared by MSA, P.C., and dated 11130/10. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed building and canopy shall be developed substantially in accordance with the submitted elevation entitled "7 Eleven & Retail Shops at Courthouse Marketplace, Virginia Beach, Virginia", dated January 11, 2011, and prepared by Randolph T. Hicks, Architect. Said elevation has been exhibited to the Virginia Beach Citv Council and is on file in the Planning Department. The applicant/owner shall submit a Lighting Plan and/or Photometric Diagram Plan detailed site plan review. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non- business hours. May 10, 2011 -63 - Item K. S. PLANNING ITEM # 60929 (Continued) 4. Signage for the site shall be limited to: a. Directional signs b. One (1) monument style freestanding sign on a brick base to match the building brick and two (2) building and/or canopy signs C. Striping on the canopy shall be limited to ten (10) feet on each side of the canopy or one-quarter (1/4) of the length of each side. Signage on the canopy shall not be internally or externally illuminated d. There shall be no other signage, such as LED signs, neon signs or neon accents installed on any wall area of the building, on and/or in the windows and/or doors, on the canopy, canopy columns, light poles or any other portion of the site. There shall be no pennants, banners and/or portable signs on the site 5. The applicant shall install bicycle racks on the site near the entrance of the convenience store. These Ordinance shall be effective in accordance with Section 107 (1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Tenth day of May, Two Thousand Eleven Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 10, 2011 In Reply Refer To Our File No. DF -7876 CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: April 28, 2011 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilsons DEPT: City Attorney RE: Conditional Zoning Application; 7 -Eleven, Inc. and Courthouse_ Marketplace Outparcels, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on May 10, 2011. 1 have reviewed the subject proffer agreement, dated January 24, 2011 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/ka Enclosure cc: Kathleen Hassen SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS ARMADA/HOFFLER COURTHOUSE ASSOCIATES, L.P., a Virginia limited partnership f/k/a ARMADA/HOFFLER COMMERCE ASSOCIATES, L.P., a Virginia limited partnership COURTHOUSE MARKETPLACE OUTPARCELS, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this & day of t�201t , by and between ARMADA/HOFFLER COURTHOUSE ASSOCIATES, L.P., a Virginia limited partnership, f/k/a ARMADA/HOFFLER COMMERCE ASSOCIATES, L.P., a Virginia limited partnership, and COURTHOUSE MARKETPLACE OUTPARCELS, L.L.C., a Virginia limited liability company (collectively, Grantor) and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (Grantee). WITNESSETH: WHEREAS, the Grantor is the owner of those certain parcels of property located in the Princess Anne District of the City of Virginia Beach, Virginia, designated as Courthouse Marketplace containing approximately 16.473 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference such property hereinafter referred to as the "Property"; and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated June 1, 2003 (the 2003 Proffers), as amended by First Amendment to Proffered Covenants, Restrictions and Conditions dated May 30, 2006, recorded in the Clerk's Office of the City of Prepared by: Stephen R. Romine, Esq. GPIN 1494-63-2595 (Part of) LeClairRyan GPI N 1494-63-7921 999 Waterside Drive, Ste. 2525 GPIN 1494-63-8788 Norfolk, Virginia 23510 GPIN 1494-63-8183 757.441.8921 Virginia Beach on March 30, 2007, as Instrument #20070330000425420 (the First y Amendment), to reflect amendments applicable to the land use plan on the Property; 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 the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed modification of conditions to the zoning, 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 application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in w iting, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning. conditions with respect to the Property, the following;reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid ro guo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer number 2 in the 2003 Proffers, as amended by the First Amendment, is further amended to read: The Conceptual Site Plans depict outparcels and illustrate a possible development layout of each. With respect to Outparcels numbered 1, 2, 3 and 4, the possible development layout for each is hereby modified by the "Conceptual Site Layout & Landscape Plan of 7 -ELEVEN AT COURTHOUSE MARKETPLACE", dated 11/30/10, prepared by MSA, P.C. (hereinafter referred to as the "Revised Modified Partial Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. In accordance with Section 1304 of the Comprehensive Zoning Ordinance a General Certificate of Appropriateness shall be obtained from the Department of Planning prior to development of the Property. The General Certificate of Appropriateness may be issued following review by the Historic Review Board of the architectural style and building materials of the structures, the location, size, number and character of the proposed signage, and the proposed exterior lighting arrangements. A site plan and rendering(s) for any building(s) to be constructed on each outparcel depicted on the Conceptual Site Plans or Revised Modified Partial Conceptual Site Plan must be approved by the Planning Director, prior to the issuance of a building permit. 2. Proffer number 4 in the 2003 Proffers, as amended by the First Amendment, is further amended to read: When the Property is developed, no internally illuminated, building mounted signage will be permitted. With the exception of Parcel 1 as depicted on the "Revised Modified Partial Conceptual Site Plan", all parcels depicted on the Revised Modified Partial Conceptual Site Plan and those outparcels depicted on the original "Conceptual Site Plan", which outparcels are not being modified herein, shall be restricted to building mounted signs only. The only freestanding signage permitted on the Property, shall be one along the frontage of Ferrell Parkway/Princess Anne Road, one along the frontage of Nimmo Parkway, and an illuminated monument sign on Parcel 1. 3. All of the terms, conditions, covenants, servitudes and agreements set forth in the 2003 Proffers and the First Amendment recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument 200407120106393 and 20070330000425420, respectively, save and except, Proffers 2 and 4, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heirs, personal representatives, assigns, tenants, and other successors in interest or title. The Grantor further covenants and agrees that: All references hereinabove to the B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the 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. (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 administrator 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 Grantors shall petition of 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 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 Grantors and the Grantee. [Remainder of page intentionally left blank] WITNESS the following signature and seal: Grantor: Armada/Hoffler Courthouse Associates, L.P., a Virginia limited partnership By: Armada Hoffler Commerce Associates, Inc., General er L (SEAL) By: Anthony P. Nero, Vice President Courthouse Marketplace Outparcels, L.L.C., a Virginia liC—\ lia i ' company By: (SEAL) Anthon P. Nero, Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this day of q„ , 2010, by Anthony P. Nero, Vice President of Armada Hoffler Commerce Associates, Inc., General Partner of Armada/Hoffler Courthouse Associates, L.P., Grantor. i'ln i'Yl _ ........................ . My Commission Expires: ('1301// Notary Identification No.: W41P' 0-7 COMMONWEALTH OF VIRGINLA CITY OF VIRGINIA BEACH, to wit: Notary Public The foregoing instrument was acknowledged before me this a�ay of lin , 2010, by Anthony P. Nero, Manager of Courthouse Marketplace Outparce , L.L.C., Grantor. �m Notary Public My Commission Expires: f Notary Identification No.:y'" = �� z gK File No: 091034679 EXHIBIT "A" ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvements thereon and all appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "PARCEL A -1-B, GPIN: 1494-63-7921, AREA=85,240 SF OR 1.957 AC" and "PARCEL A -1-C, GPIN: 1494-63-8788, AREA=53,084 OR 1.219 AC" as shown on that certain plat entitled "SUBDIVISION OF PARCEL Al, GPIN: 1494-63-2595, (INSTR. NO. 20060202000188730) VIRGINIA BEACH, VIRGINIA", dated January 25, 2007, made by MSA, P.C., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20070430000576800. TOGETHER WITH AND SUBJECT TO the easements, rights and obligations set forth in that certain Declaration of Easements dated December 29, 2005, recorded in the aforesaid Clerk's Office as Instrument No. 20060203000191460, and that certain Declaration of Easements, Covenants and Restrictions dated April 27, 2006, recorded in the aforesaid Clerk's Office as Instrument No. 20060504000682110, as amended by that certain First Amendment to Declaration of Easements, Covenants and Restrictions dated as of April 3, 2007, recorded in the aforesaid - Clerk's Office as Instrument No. 20070409000470710, and that certain Declaration of Easements dated April 25, 2007, recorded in the aforesaid Clerk's Office as Instrument No. 20070430000579990. IT BEING a portion of the same property conveyed to Courthouse Marketplace Outparcels, L.L.C., a Virginia limited liability company by deed from Armada/Hoffler Properties II, L.L.C., a Virginia limited liability company, dated July 19, 2007 and recorded August 10, 2007 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20070810001090780. LESS AND EXCEPT property conveyed to the Commonwealth Transportation Commissioner of Virginia by Certificate of Take recorded November 18, 2008 as Instrument No. 20081118001322090. Final Order recorded as Instrument No. 20090430000467430. ALTA Commitment— Exhibit A" Page 2 -64 - Item K.6. PLANNING ITEM # 60930 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council. ADOPTED, BY CONSENT: Ordinances to AMEND the City Zoning Ordinance (CZO): a. Portions of Sections 104, 203 and 205 re commercial and recreational vehicles b. Section 108 re posting of signs relating to certain rezoning, etc., applications c. Sections 239.05, 901 and 1810 re the Comprehensive Plan Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: M1 May 10, 2011 1 AN ORDINANCE TO AMEND PORTIONS OF 2 SECTIONS 104, 203 AND 205 OF THE CITY 3 ZONING ORDINANCE PERTAINING TO 4 COMMERCIAL AND RECREATIONAL 5 VEHICLES 6 7 Sections Amended: §§ 104, 203 and 205 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Sections 104, 203 and 205 of the City Zoning Ordinance are hereby 16 amended and reordained to read as follows: 17 18 ARTICLE 1. GENERAL PROVISIONS 19 20 .... 21 22 Sec. 104. Violations and penalties. 23 24 .... 25 26 (b) Any person who violates any provision of Part B of Article 2 hereof er sest+en 27 203(d) e 20-5 shall be assessed a civil penalty in the amount of two hundred 28 dollars ($200.00) for the initial summons and not more than five hundred 29 dollars ($500.00) for each additional summons. The assessment of a civil 30 penalty shall not preclude the institution of a civil action by the zoning 31 administrator pursuant to section 103(a) of this ordinance, but no such 32 violation shall, unless it results in injury to any person, be prosecuted as a 33 criminal misdemeanor, provided however that when such civil penalties total 34 five thousand dollars ($5,000.00) or more, the violation may be prosecuted 35 as a criminal misdemeanor. 36 37 .... 38 39 40 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 41 ALL DISTRICTS 42 43 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 44 PARKING AND OFF-STREET LOADING 45 46 .... 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 Sec. 203. Off-street parking requirements. • - - - - -E)ndUGt of busuness oF *n the del'• - r - to a -• Sec. 205. MajGF Fer.Feational equipment. Reserved. - 111,111WI.- WN - - I'M 01M.MM-14MIC" EMINOW.. = - - - - • - - 95 This ordinance shall take effect on July 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of May, 2011. 1 AN ORDINANCE TO AMEND SECTION 108 OF THE 2 CITY ZONING ORDINANCE, PERTAINING TO THE 3 POSTING OF SIGNS RELATING TO CERTAIN 4 REZONING, ETC. APPLICATIONS 5 6 Section Amended: City Zoning Ordinance Section 7 108 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 Sec. 108. Posting of signs relating to applications for rezoning, etc. 16 17 (a) In any case in which a property owner or other authorized person petitions 18 the city council for the approval of any application seeking a rezoning, conditional use 19 permit, approval of a PD -H1 or PD -1-12 land use plan, resolution pertaining to a 20 nonconforming use or structure, subdivision or floodplain variance or reconsideration of 21 conditions, the applicant shall erect, on the property which is the subject of the 22 application or within the unimproved portion of the abutting public street, a sign of a 23 size, type and lettering approved by the planning director. All such signs shall be posted 24 and maintained in such manner as to be unobscured by vegetation or other 25 obstructions. One such sign shall be posted within ten (10) feet of the paved portion or, 26 if present, the sidewalk of every public street adjoining the property or in such alternate 27 location or locations as may be prescribed by the planning director. Such sign shall be 28 erected not less than thirty (30) days before the planning commission hearing, or if 29 none, the city council hearing, and shall state the nature of the application and date and 30 time of the hearing. Such signs may not be removed until the city council has acted 31 upon the application, and shall be removed no later than five (5) days thereafter. In any 32 case in which the planning commission or city council determines that the requirements 33 of this section have not been met, the application shall be deferred; provided, however, 34 that the city council may, for any other appropriate reason, deny such application. 35 36 (b) Applications before the board of zoning appeals shall be subject to the 37 requirements of subsection (a) hereof. Any application in which such requirements have 38 not been met may be deferred or denied by the board. 39 40 (c) No person having actual notice of an application for which a sign is 41 required to be posted by this section, or to whom a written notice meeting the 42 requirements of Code of Virginia § 15.2-2204 has been mailed, shall contest the validity 43 of any city council action by reason of the applicant's failure to comply with the 44 provisions of this section. Nothing in this subsection shall be construed to create any 45 new right to contest the action of the city council. 46 (d) The provisions of this section shall not apply to applications initiated by the 47 City in which the subject property consists of more than twenty-five (25) parcels of land. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 10th day of May, 2011. 2 1 AN ORDINANCE TO AMEND SECTIONS 239.05 2 AND 1810 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE COMPREHENSIVE PLAN 4 5 Sections Amended: City Zoning Ordinance Sections 6 239.05 and 1810 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Sections 239.05 and 1810 of the City Zoning Ordinance are hereby 15 amended and reordained to read as follows: 16 17 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 18 ALL DISTRICTS 19 20 .... 21 22 C. CONDITIONAL USES AND STRUCTURES 23 24 .... 25 26 Sec. 239.05. Parking structures. 27 28 (a) In addition to the general standards set forth in section 220, the city council shall 29 consider the extent to which the following standards have been met in deciding 30 applications for conditional use permits: 31 32 .... 33 34 (4) The architecture, building materials, signage and landscaping are of high 35 quality and conform to the design standards for parking structures adopted as an 36 appeRdix to the GOMpFeheRGive plaR. set forth in the Comprehensive Plan Reference 37 Handbook (Special Area Development Guidelines for Urban Areas and Special Purpose 38 Guidelines re: Parking Structure Standards), 39 40 .... 41 42 ARTICLE 18. SPECIAL REGULATIONS IN AIR INSTALLATIONS COMPATIBLE 43 USE ZONES (AICUZ) 44 45 .... 46 B. ACCIDENT POTENTIAL ZONE 1 (APZ-1) 47 .... 48 49 Sec. 1810. Design, etc., features; notice. 50 51 (a) Any of the uses enumerated in Section 1809 shall be allowed as a principal use 52 in the zoning districts designated therein if, in addition to all other applicable 53 requirements of this ordinance, the Planning Director finds that the utilization of the 54 following features is clearly sufficient to prevent any adverse impacts to residential or 55 apartment uses or other property within APZ-1: 56 57 .... 58 59 (8) Building design and exterior building materials substantially conform to such 60 of the "Design Guidelines for Primary Residential Area" set forth in Ghapfor 7 .,f the 61 Gmprehensi a Plan—as—are app epriat r the use. the Comprehensive Plan 62 Reference Handbook (General Community Appearance Guidelines, Special Area 63 Development Guidelines and Special Purpose Guidelines, as are appropriate for the 64 use). 65 66 .... 2011. Adopted by the City Council of the City of Virginia Beach on the 10th day of May, K BRIE Item K. 7. PLANNING ITEM # 60931 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Resolution to REFER to the Planning Commission an Ordinance to AMEND Sections 502 and 602 of ' the City Zoning Ordinance (CZO) re setback requirements for certain accessory structures Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None May 10, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RES -03497 REQUESTED BY COUNCILMEMBER WILLIAM R. DESTEPH A RESOLUTION REFERRING TO THE PLANNING COMMISSION AN ORDINANCE TO AMEND SECTION 502 AND 602 OF THE CITY ZONING ORDINANCE PERTAINING TO SETBACK REQUIREMENTS FOR CERTAIN ACCESSORY STRUCTURES IN THE R -5D, R -5R, R-2.5 AND APARTMENT ZONING DISTRICTS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the above -entitled ordinance, a copy of which is attached, is hereby referred to the Planning Commission for its consideration and recommendation. Adopted by the City Council of the City of Virginia Beach, Virginia, this Ovl day of _'2011. APPROVED AS TO LEGAL SUFFICIENCY: City—A{torney=s ffice CA11857 R-2 April 28, 2011 1 REQUESTED BY COUNCILMEMBER WILLIAM R. DESTEPH 2 3 AN ORDINANCE TO AMEND SECTIONS 502 AND 4 602 OF THE CITY ZONING ORDINANCE 5 PERTAINING TO SETBACK REQUIREMENTS FOR 6 CERTAIN ACCESSORY STRUCTURES IN THE R -5D, 7 R -5R, R-2.5 AND APARTMENT ZONING DISTRICTS 8 9 Sections Amended: §§ 502 and 602 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 That Sections 502 and 602 of the City Zoning Ordinance are hereby amended 15 and reordained to read as follows: 16 17 ARTICLE 5. RESIDENTIAL DISTRICTS. 18 19 .... 20 21 Section 502. Dimensional requirements. 22 23 .... 24 25 The following chart lists the requirements within the R -51D Residential District for 26 minimum lot area, width, yard spacing and maximum lot coverage for duplex and 27 semidetached dwellings. 28 29 (b) For duplex and semidetached dwellings in the R -51D Residential District: 30 31 TABLE INSET: Duplexes Semidetached (6.1) Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except 5 feet 5 feet when adjacent to a street (71) Minimum rear yard setback for accessory structures no larger than 150 square feet in area and 5 feet 5 feet with an eave height no greater than 8 feet except when adjacent to a street 32 33 The following chart lists the requirements within the R -5R Residential District for 34 minimum lot area, width, yard spacing and maximum lot coverage for duplex and 35 semidetached dwellings. 36 37 (b1) For duplex and semidetached dwellings in the R -5R Residential District: 38 39 TABLE INSET: Duplexes Semidetached (6.1) Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except 5 feet 5 feet when adjacent to a street (71) Minimum rear yard setback for accessory structures no larger than 150 square feet in area and 5 feet 5 feet with an eave height no greater than 8 feet except when adjacent to a street 40 41 The following chart lists the requirements within the R-2.5 Residential Districts for 42 minimum lot area, average lot area, lot width, yard spacing, maximum lot coverage and 43 maximum number of units that can be attached for attached dwellings (townhouses). 44 45 (c) For attached dwellings (townhouses): 46 47 TABLE INSET: Residential Districts R-2.5 (7.1) Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when 5 feet adjacent to a street (g) 4 nn sq caro feet Minimum rear yard setback for accessory structures no larder than 150 square feet in 5 feet area and with an eave heiqht no greater than 8 feet except when adjacent to a street 48 ARTICLE 6. APARTMENT DISTRICTS. 49 50 .... 51 52 Section 602. Dimensional requirements. 53 54 .... 55 56 The following chart lists the requirements within the A-12 through A-36 57 Apartment Districts for minimum lot area, width, yard spacing and maximum lot 58 coverage for semidetached dwellings. 59 60 (a) For semidetached dwellings: 61 62 TABLE INSET: (4.1) Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adiacent to a street (5.1) Minimum rear yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adiacent to a street Apartment Districts A-12 A-18 A-24 A-36 5 feet 5 feet 5 feet 5 feet 5 feet 5 feet 5 feet 5 fE:et 63 64 The following chart lists the requirements within the A-12 through A-36 65 Apartment Districts for minimum lot .area, width, yard spacing and maximum lot 66 coverage for duplex dwellings. 67 68 (b) For duplex dwellings: 69 70 TABLE INSET: Apartment Districts (41) Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street A-12 A-18 A-24 A-36 5 feet 5 feet 5 feet 5 feet (5 1) Minimum rear yard setback for accessory structures no larger than 150 square feet in area 5 feet 5 feet 5 feet 5 feet and with an eave height no greater than 8 feet except when adjacent to a street 71 72 The following chart lists the requirements within the A-12 through A-24 73 Apartment Districts for minimum lot area, width, yard spacing, maximum lot coverage, 74 maximum density and maximum number of units constructed in a single building for 75 single-family attached dwellings (townhouses). 76 77 (c) For attached dwellings (townhouses): 78 79 TABLE INSET: Apartment Districts A-12 A-18 A-24 (7.1) Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet 5 feet 5 feet 5 feet except when adiacent to a street (9) thaR 100 square feet, iiRfefoet' Minimum rear yard setback for accessory structures no larqer than 150 5 feet 5 feet 5 feet square feet in area and with an eave height no greater than 8 feet except when adiacent to a street 80 81 The following chart lists the requirements within the A-12 through A-36 82 Apartment Districts for minimum lot area, width, yard spacing, maximum lot coverage, 83 and maximum density for multiple -family dwellings. 84 85 (d) For multiple -family dwellings: 86 TABLE INSET: (4.1) Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adiacent to a street Apartment Districts A-12 A-18 A-24 A-36 5 feet 5 feet 5 feet 5 feet (5.1) Minimum rear yard setback for accessory structures no larger than 150 square feet in area 5 feet 5 feet 5 feet 5 feet and with an eave height no greater than 8 feet except when adjacent to a street :l 88 COMMENT 89 90 Accessory structures less than 150 square feet and with an eave height no greater than 8 feet 91 can be placed with 5 foot rear and side yard setbacks for single-family dwellings. These 92 amendments will expand to duplex, semidetached, multi -family and attached dwellings the reduced 93 setbacks for side and rear yards that are now available for single-family dwellings. 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 96 of 2011. APPROVED AS TO CONTENT Planning CA11856 R-3 April 28, 2011 APPROVED AS TO LEGAL SUFFICIENCY: 5 City Attorne ffice Item L.1 APPOINTMENTS ITEM # 60932 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS. HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL TOWING ADVISORY BOARD May 10, 2011 -67 - Item 67 - Item L.2 APPOINTMENTS ITEM # 60933 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Jolilda Saunders Unexpired term thru 09/30/2013 WORKFORCE HOUSING ADVISORY BOARD Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: None May 10, 2011 Item M.1. UNFINISHED BUSINESS ITEM # 60934 Mayor Sessoms read a Statement accepting the resignation of Council Member Bellitto and advising the vacancy will be advertised and filled by appointment on July 12, 2011. "On May 2, 2011, I received the resignation of At -Large Councilmember Rita Sweet Bellitto, effective June 18, 2011. Councilmember Bellitto has served the City with dedication, both as a member of'this Council and as a member and former Vice -Chair of the School Board. We will miss Rita's contributions to this Council, we thank her for her outstanding community service and we wish her and her family well. In accordance with the Virginia Code, the Council will appoint an Interim Councilmember within 45 days of the effective date of Rita's resignation. The appointed Councilmember will serve until a new Councilmember is elected by the voters at a special election this Fall. Any registered voter residing in the City of Virginia Beach is eligible to seek appointment. Any person interested in seeking appointment should contact the City Clerk to receive a Questionnaire should submit a Statement Of Interest and Qualifications along with the completed Questionnaire to the City Clerk on or before June 23, 2011. The City Council intends to conduct public interviews and make its appointment at its Formal meeting on July 12, 2011. " May 10, 2011 N w5 2 I U Op OUR NAt�ON RITA SWEET BELLITTO COUNCIL LADY - AT LARGE City of Virginia Bcac1-i May 2, 2011 The Honorable William D. Sessoms, Jr., Mayor Members of City Council 2401 Courthouse Drive Virginia Beach, VA 23456 Dear Mayor and Members of City Council: vBgov.com PHONE: (757) 418-0960 rsbeIIiIt@VbgOV.COm I am writing to advise you that my family and I will be moving later this summer to Seattle, Washington, due to my husband's promotion with the Boeing Company. Although this change will be beneficial to my family, it requires that I leave the city I have grown to love over the past twenty-five years. Accordingly, I hereby resign my position as a member of the City Council, effective June 18, 2011. I have been proud to serve the City both as a member of this Council and as a member of the School Board. I very much value the confidence that my fellow council members showed in initially selecting me to serve in February 2010. 1 regret that I will not be able to serve the full term that the voters elected me to last November, but I know the City is in good hands and that it will- continue to be a Community for a Lifetime. Between now and June 18, I will continue to thoughtfully and carefully attend to my council responsibilities. I give you this notice so that Council has some time to consider an interim replacement. It has been an honor and a privilege to work with you. Be assured that no matter where I live, Virginia Beach will always be home for me. Sincerely, F-41ro- ` Rita Sweet Bellitto City Council Member POST OFFICE BOX 6448, VIRGINIA BEACH, VA 23456 -69 - Item 69 - Item O. ADJOURNMENT ITEM # 60935 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 8:13 P.M. ----------- ----- Beverly O. Hooks, CMC Chief Deputy City Clerk r uth Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor Citv of Virginia Beach Virginia May 10, 2011