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HomeMy WebLinkAboutJUNE 14, 2011 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside -District 4 RITA SWEET BELLITTO, At -Large GLENN R. DAVIS, Rose Hall -District 3 WILLIAM R. DeS'I EPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERTM. DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne -District 7 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large .LAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR -- LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC I. CITY COUNCIL BRIEFING CITY COUNCIL AGENDA 14 JUNE 2011 - Conference Room - CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 1. RESORT AREA COMMISSION and SUBCOMMITTEES — Organizational Structure Preston Midgett, RAC Chair and Subcommittee Chairs 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 3:00 PM 3:45 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Clarence McPherson, Pastor Turning Point Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA H. CONSENT AGENDA I. PRESENTATION 1. City of Virginia Beach State Parks 75th Anniversary J. PUBLIC HEARING 1. SALE OF EXCESS PROPERTY John B. Dey Elementary School MAY 24, 2011 K. ORDINANCES/RESOLUTIONS 1. Resolution to AUTHORIZE the sale, of $90,000,000 in a series of General Obligation Public Improvement Bonds, on June 22, 2011, (approved $62,900,000 by City Council May 12, 2009, and $68,180,000 May 11, 2010) 2. Resolution to REQUEST the Beaches and Waterways Advisory Commission study Dredge Spoils Removal and Transfer Stations with a report to City Council by December 2011 Resolution to RESUME preparation of a "Rolling" Biennial Budget beginning with the FY2012-13 Budget process 4. Resolution to AUTHORIZE the 2012 Employee and Retiree Health Care Insurance Plans which require no premium or contribution increases 5. Ordinance to DECLARE the former Pump Station site at John B. Dey Elementary School to be EXCESS and AUTHORIZE the City Manager to EXECUTE the necessary documents to convey it to the Virginia Beach School Board 6. Ordinances to: a. AUTHORIZE and DIRECT the execution of "Addendum A" to the 2009 Intergovernmental Agreement with the Virginia Department of Agriculture and Consumer Services re additional funding of $54,247.38 to purchase ARP easements b. ACCEPT and APPROPRIATE an additional $54,247 to reimburse the ARP Special Revenue fund in connection with acquisition of the Truman D. Baxter, Jr. property at 3457 Land of Promise Road (DISTRICT 7 — PRINCESS ANNE) 7. Ordinance to AUTHORIZE the City Manager to execute a non-binding Term Sheet with the YMCA of South Hampton Roads re a Family Center and 50 -meter Competition Pool at Dam Neck and Landstown Roads 8. Ordinance to APPROPRIATE an interest-free loan in the amount of $60,000 to the Kempsville Volunteer Rescue Squad re a replacement ambulance 9. Ordinance to AUTHORIZE acquisition of property for rights-of-way and permanent drainage easements, either by agreement or condemnation, for BEACH GARDEN PARK — KILBOURNE COURT/HOLLY ROAD (deferred May 24, 2011) 10. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property: a. TIMOTHY D. MOODY to maintain an existing fountain, construct and maintain an irrigation line, sliding gate with keypad and landscape lighting conduit at Croatan Road and Virginia Dare Drive (DISTRICT 6 — BEACH) b. DENZIL and SUSAN POORE to maintain an existing bulkhead, boatlift and wood deck; and construct and maintain a floating dock at 2313 Leeward Shore Drive (DISTRICT 5 — LYNNHAVEN) c. E.L. CREECH, III to maintain an existing wood fence, shrubs and a timber planting bed at 103 50th Street (DISTRICT 5 — LYNNHAVEN) d. ROTB, L.C. to erect and maintain overhead light strings at 615 Atlantic Avenue (DISTRICT 6 — BEACH) 11. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $75,000 to the Clerk of the Circuit Court's FY 2010-11 and FY 2011-12 Budgets to fund the Court's electronic recording system maintenance contract b. $152,000 from the Department of Criminal Justice to the Police for equipment to prevent and respond to potential terrorist acts c. $126,230 within CIP accounts for the Fire Training Center improvements, Phase III d. $13,000 from the FY2010-11 Public Libraries for renovations to the Leroy Drive Records Storage facility L. PLANNING 1. Applications of OCEAN BREEZE HOLDINGS LLC at 849 General Booth Boulevard (DISTRICT 6 — BEACH) a. Conditional Change of Zoning from P-1 Preservation to Conditional B-2 Community Business b. Conditional Use Permit re outdoor water park RECOMMENDATION APPROVAL 2. Application of EASY DOES IT RIDING ACADEMY, INC./MALINDA SCOTT for a Conditional Use Permit re a riding academy and horse boarding at 3581 Muddy Creek Road (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION APPROVAL 3. Application of CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance (CZO) Sections 103 and 106 re notice to property owners of certain decisions RECOMMENDATION M. APPOINTMENTS ARTS and HUMANITIES COMMISSION BAYFRONT ADVISORY COMMITTEE BEACHES and WATERWAYS COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE CHESAPEAKE BAY ALCOHOL SAFETY ACTIONS PROGRAM COMMUNITY SERVICES BOARD EASTERN VIRGINIA MEDICAL SCHOOL HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORICAL REVIEW BOARD APPROVAL HUMAN RIGHTS COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE TIDEWATER COMMUNITY COLLEGE BOARD TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS TOWING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. 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 I. CITY COUNCIL BRIEFING - Conference Room - 3:00 PM 1. RESORT AREA COMMISSION and SUBCOMMITTEES — Organizational Structure Preston Midgett, RAC Chair and Subcommittee Chairs I II. CITY COUNCIL LIAISON REPORTS 1 III. CITY COUNCIL COMMENTS I IV. CITY COUNCIL AGENDA REVIEW II V. INFORMAL SESSION - Conference Room - 3:45 PM II A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 11 VI. FORMAL SESSION - City Council Chamber - 6:00 PM I'I A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Clarence McPherson, Pastor Turning Point Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS MAY 24, 2011 G. FORMAL SESSION AGENDA H. PRESENTATION 1. City of Virginia Beach State Parks 75th Anniversary y U f 2 'Za r 2 x'9945 of 5 DUO NAt\ Erg 01 it tio on -WHERE-A-S, First Landing State Park (formerCy Seashore State Park) is one of the originaCsix Virginia State Parks openedsimuCtaneousCy on June 15`f,, 1936 andFaCse Cape State Park is a unique Maritime Coartat Park that opened in 198o; 'WHEREAS, both First Landing State Park andFaCse Cape State Park Cie whoCCy within the recognize dboundaries of the municipatity of Virginia. Beach, Virginia, providing an important outdoor recreation destination andeconomic engine for its citizens; W-MEREAS, First Landing State Park is a recognizedCocation of the Virginia Company's first landing Leading to the colonization of Tirginia in 16o7; 'WHERE -AS, First Landing State Park is a culturaCresource reflecting important 1951- 1961 Civil Rights era events, home to a Virginia Indian re -internment site and continues to reinforce "Virginia Beach's commitment to outdoor recreation through its history with the Cape Story Syndicate andPrincess .Anne Garden Club; WHEREAS, First Landing State Park was constructed during 1934-1936 in partnership with the NationaCPark Service andby the Civilian Conservation Corps; -WHEREAS, False Cape State Park is the former site of important cutturaCresources including the site of the civiCwar-era .Maple Leaf incident, the former site of the False Cape Lifesaving Station and the former site of the historic Wash hoods community; "WHEREAS, First Landing State Park is both a NationaC31istoric Landmark anda NationaCNaturaCLandmark; -WHEREAS, , First Landing State Park andFaCse Cape State Park provide the relatively undisturbedandnaturaC habitats, including gCobaCCy rare maritime forest ecosystems, for many rare andendangeredpCants andanimals, inctuding the Smithsonian -recognized Virginia Beach Bug; -WHEREAS, False Cape State Park and First Landing State Park provide exempCary environmentaC education, stewardship education, internship opportunities in conservation careers and teacher orientedprofessionaCdevelopment opportunities; and, -WHEREAS, Virginians use theirparks for the therapy they needfor the mind, body andspirit which contributes to a healthy lifestyle andrecognition of the stewardship responsibilities we share as citizens of the Commonwealth; WOW, IXEREFORE, BEITR.ESOL"VED: The City of Tirginia Beach hereby congratulates Virginia State Parks, First Landing State Park andFaCse Cape State Park on the occasion of its 75`fi Anniversary andextends best wishes for many years to come. BEITFuRPHER RESOLVED, that Saturday June 18`F, 2011, be designatedas "First Landing andFaCse Cape State Parks Day" in Virginia Beach. I. PUBLIC HEARING 1. SALE OF EXCESS PROPERTY John B. Dey Elementary School DECLARATION OF EXCESS OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING Tuesday, June 14, 2011, at 6:00 p.m., in the Council Chamber of the City Hall Building (Bldg #1) at the Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public input to determine whether this property should be declared "Excess of the City's needs" and conveyed to the School Board of the City of Virginia Beach: 2,500 sq. ft. (.057 acre) parcel - former pump station site located adjacent to John B. Day Elementary School (GPIN 1499-55-9393) Any questions concerning this matter should be directed to the Public Works Real Estate Office, Municipal Center - Building #2, Room 392, phone number (757) 385-4161. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing impaired, call TDD 711 (TDD - Telephone Device for the Deaf). Ruth Hodg ser, MMC City Clerk J. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Resolution to AUTHORIZE the sale, of $90,000,000 in a series of General Obligation Public Improvement Bonds, on June 22, 2011, (approved $62,900,000 by City Council May 12, 2009, and $68,180,000 May 11, 2010) 2. Resolution to REQUEST the Beaches and Waterways Advisory Commission study Dredge Spoils Removal and Transfer Stations with a report to City Council by December 2011 Resolution to RESUME preparation of a "Rolling" Biennial Budget beginning with the FY2012-13 Budget process 4. Resolution to AUTHORIZE the 2012 Employee and Retiree Health Care Insurance Plans which require no premium or contribution increases Ordinance to DECLARE the former Pump Station site at John B. Dey Elementary School to be EXCESS and AUTHORIZE the City Manager to EXECUTE the necessary documents to convey it to the Virginia Beach School Board 6. Ordinances to: a. AUTHORIZE and DIRECT the execution of "Addendum A" to the 2009 Intergovernmental Agreement with the Virginia Department of Agriculture and Consumer Services re additional funding of $54,247.38 to purchase ARP easements b. ACCEPT and APPROPRIATE an additional $54,247 to reimburse the ARP Special Revenue fund in connection with acquisition of the Truman D. Baxter, Jr. property at 3457 Land of Promise Road (DISTRICT 7 — PRINCESS ANNE) 7. Ordinance to AUTHORIZE the City Manager to execute a non-binding Term Sheet with the YMCA of South Hampton Roads re a Family Center and 50 -meter Competition Pool at Dam Neck and Landstown Roads 8. Ordinance to APPROPRIATE an interest-free loan in the amount of $60,000 to the Kempsville Volunteer Rescue Squad re a replacement ambulance 9. Ordinance to AUTHORIZE acquisition of property for rights-of-way and permanent drainage easements, either by agreement or condemnation, for BEACH GARDEN PARK — KILBOURNE COURT/HOLLY ROAD (deferred May 24, 2011) 10. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property: a. TIMOTHY D. MOODY to maintain an existing fountain, construct and maintain an irrigation line, sliding gate with keypad and landscape lighting conduit at Croatan Road and Virginia Dare Drive (DISTRICT 6 — BEACH) b. DENZIL and SUSAN POORE to maintain an existing bulkhead, boatlift and wood deck; and construct and maintain a floating dock at 2313 Leeward Shore Drive (DISTRICT 5 — c. E.L. CREECH, III to maintain an existing wood fence, shrubs and a timber planting bed at 103 50th Street (DISTRICT 5 — LYNNHAVEN) d. ROTB, L.C. to erect and maintain overhead light strings at 615 Atlantic Avenue (DISTRICT" 6 — BEACH) 11. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $75,000 to the Clerk of the Circuit Court's FY 2010-11 and FY 2011-12 Budgets to fund the Court's electronic recording system maintenance contract b. $152,000 from the Department of Criminal Justice to the Police for equipment to prevent and respond to potential terrorist acts c. $126,230 within CIP accounts for the Fire Training Center improvements, Phase III d. $13,000 from the FY2010-11 Public Libraries for renovations to the Leroy Drive Records Storage facility a141A B�C� "4w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution of the City of Virginia Beach, Virginia, Providing for the Issuance and Sale of a Series of General Obligation Public Improvement Bonds, Series 2011A, Heretofore Authorized, in the Maximum Amount of $90,000,000 and Providing for the Form, Details and Payment Thereof MEETING DATE: June 14. 2011 ■ Background: Based on a review of capital project expenditures, the Department of Finance has begun preparations for a general obligation new money bond sale in the amount up to $90,000,000. The bond sale is composed of portions of the 2009 and 2010 Charter Bond Authorizations previously approved by Council on May 12, 2009 and May 11, 2010, respectively. The bond proceeds from the proposed sale will reimburse previous expenditures for those authorized CIP projects. Based on current market conditions, the City's Financial Advisors, Government Finance Associates ("GFA") and Public Resources Advisory Group ("PRAG"), have recommended that this sale take place on June 22, 2011. ■ Considerations: The new money sale represents the City's annual general obligation bond sale. The City's Bond Counsel has prepared the enclosed resolution authorizing the issuance and sale of the bonds. The bonds will be sold electronically by competitive bid, with the actions of the City Manager being conclusive; provided however, that the bonds shall have a true interest cost not to exceed 4.5%. The proposed bond structure for the new money takes into consideration the FY -12 debt service budget. ■ Public Information: Public information will be handled through the normal Council agenda process. The original Charter Bond Authorizations were part of the public information process of the City's Resource Management Plan (Budget/CIP). In addition, the Resolution authorizes the distribution of the Preliminary Official Statement for marketing purposes. Also, a Notice of Sale will be placed in The Bond Buyer, a daily newspaper for the tax-exempt bond market. ■ Alternatives: There are no practical alternative funding sources at this time. This request follows previously approved CIPs. ■ Recommendations: Approval of the enclosed resolution providing for the issuance and sale of bonds in the maximum amount of $90 million. ■ Attachment: Resolution, Project List Recommended Action: Approval Submitting Department/Agency: Financ 0Q"0A_ City Manager V ` 1�8 Wft City of Virginia Beach, Virginia 2011A General Obligation Bond Sale - $90.0 million Expenditures SAFE COMMUNITY Buildings 3054 Animal Control & K-9 Unit Replacements $ 3,590,000 $ 3,590,000 QUALITY PHYSICAL ENVIRONMENT Roadways 2048 Princess Anne Road/Kempsville Road Intersection $ 21,248,894 2143 Laskin Road Gateway Phase I -A 13,365,885 2208 Constitution Drive Extended 6,689,367 2263 Major Bridge Rehabilitation 1,768,634 43,072,780 QUALITY EDUCATION & LIFELONG LEARNING Buildings 3175 VB Lifelong Learning Center/TCC Joint -use Library TOTAL GENERAL GOVERNMENT Schools 1019 Great Neck Middle School Replacement 1106 Kellam High School 1078 Pupil Transportation Services Maintenance Facility TOTAL SCHOOLS TOTAL BOND ISSUE 4,400,707 $ 4,400,707 $ 51,063,487 $ 22,097,821 13,049,198 3,789,494 $ 38,936,513 $ 90,000,000 RESOLUTION OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PROVIDING FOR THE ISSUANCE AND SALE OF A SERIES OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 2011A, HERETOFORE AUTHORIZED, IN THE MAXIMUM AMOUNT OF $90,000,000 AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF The issuance of $62,900,000 of bonds of the City of Virginia Beach, Virginia (the "City") was authorized by an ordinance adopted by the City Council of the City of Virginia Beach, Virginia (the "City Council") on May 12, 2009, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $9,318,112 of which have been issued and sold. The issuance of $68,180,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 11, 2010, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which bonds have been issued and sold. It has been recommended to the City Council by representatives of Government Finance Associates, Inc. and Public Resources Advisory Group (collectively, the "Financial Advisors") that the City issue and sell a series of general obligation public improvement bonds in the maximum principal amount of $90,000,000. The City Council has determined it is in the City's best interest to issue and sell the remaining balance, $53,581,888, of the bonds authorized on May 12, 2009; and up to $36,418,112 of the bonds authorized on May 11, 2010. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter (Chapter 147 of the Acts of the General Assembly of 1962, as amended) and the Public Finance Act of 1991 (Chapter 26, Title 15.2, Code of Virginia of 1950, as amended), general obligation public improvement bonds of the City in the maximum principal amount of $90,000,000 (the "Bonds"). The proceeds of the Bonds will be used to provide funds to finance, in part, the costs of various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements, as more fully described in the ordinances authorizing the Bonds adopted on May 12, 2009 and May 11, 2010 (collectively, the "Project"), and the costs incurred in connection with issuing the Bonds. 2. Bond Details. The Bonds shall be designated "General Obligation Public Improvement Bonds, Series 201 IA," or such other designation as may be determined by the City Manager, shall be in registered form, shall be dated such date as may be determined by the City Manager, shall be in denominations of $5,000 and integral multiples thereof and shall be numbered R-1 upward. Subject to Section 8, the issuance and sale of the Bonds are authorized on terms as shall be satisfactory to the City Manager; provided, that the Bonds (a) shall have a "true" or "Canadian" interest cost not to exceed 4.5% (taking into account any original issue discount or premium), (b) shall be sold to the purchaser thereof at a price not less than par or 100% of the principal amount thereof (without taking into account any original issue discount or premium), (c) shall be subject to optional redemption beginning no later than and continuing after June 1, 2021, at an optional redemption price of no more than 102% of the principal amount to be redeemed plus accrued interest to the optional redemption date, and (d) shall mature annually in installments through serial maturities or mandatory sinking fund payments beginning no later than June 1, 2012, and ending no later than June 1, 2031. Principal of the Bonds shall be payable annually on dates determined by the City Manager. Each Bond shall bear interest at such rate as shall be determined at the time of sale, calculated on the basis of a 360 -day year of twelve 30 -day months, and payable semiannually on dates determined by the City Manager. Principal shall be payable to the registered owners upon surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined). Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar on a date prior to each interest payment date that shall be determined by the City Manager (the "Record Date"). Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. Initially, one Bond certificate for each maturity of the Bonds shall be issued to and registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its nominee. The City has heretofore entered into a Blanket Issuer Letter of Representations relating to a book -entry system to be maintained by DTC with respect to the Bonds. "Securities Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant to this Section 2. In the event that (a) the Securities Depository determines not to continue to act as the securities depository for the Bonds by giving notice to the Registrar, and the City discharges its responsibilities hereunder, or (b) the City, in its sole discretion, determines (i) that beneficial owners of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities Depository, then the City's Director of Finance shall, at the direction of the City, attempt to locate another qualified securities depository to serve as Securities Depository and authenticate and deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate and deliver certificated Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Section 5; provided, that such form shall provide for interest on the Bonds to be payable (A) from the date of the Bonds if they are authenticated prior to the first interest payment date, or (B) from the interest payment date that is or immediately precedes the date on which the Bonds are authenticated (unless payment of interest thereon is in default, in which case interest on such Bonds shall be payable from the date to which interest has been paid). In delivering certificated Bonds, the City's Director of Finance shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 7. 2 So long as there is a Securities Depository for the Bonds, (1) it or its nominee shall be the registered owner of the Bonds, (2) notwithstanding anything to the contrary in this Resolution, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges, and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (3) the Registrar and the City shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (4) references in this Resolution to registered owners of the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Bonds, and (5) in the event of any inconsistency between the provisions of this Resolution and the provisions of the above -referenced Blanket Issuer Letter of Representations, such provisions of the Blanket Issuer Letter of Representations, except to the extent set forth in this paragraph and the next preceding paragraph, shall control. 3. Redemption Provisions. (a) Optional Redemption. The Bonds shall be subject to redemption prior to maturity at the option of the City Manager, in whole or in part, at any time on and after dates, if any, determined by the City Manager, with the first such optional redemption date beginning no later than June 1, 2021 as set forth in Section 2 at a redemption price equal to the principal amount to be redeemed, together with any interest accrued to the date fixed for redemption, plus a redemption premium, if any, not to exceed 2% of the principal amount to be redeemed, such redemption premium to be determined by the City Manager. (b) Mandatory Sinking Fund Redemption. Any term bonds may be subject to mandatory sinking fund redemption upon terms determined by the City Manager. If so determined by the City Manager, the Bonds may provide that the City may take a credit against the mandatory sinking fund redemption obligation of any maturity of term Bonds in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit. If the City wishes to take such a credit, on or before the 70th day next preceding any such mandatory sinking fund redemption date, the City's Director of Finance may instruct the Registrar to apply a credit against the City's mandatory sinking fund redemption obligation for any Bonds of the applicable maturity that have been optionally redeemed or surrendered for cancellation by the City and have not been previously applied as a credit against any mandatory sinking fund redemption obligation for that maturity of the Bonds. Each Bond so previously optionally redeemed or surrendered shall be credited at 100% of the principal amount thereof against the principal amount of such maturity of the Bonds required to be redeemed on such mandatory sinking fund redemption date or dates for such maturity as may be selected by the Director of Finance. (c) Selection of Bonds for Redemption. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all of a particular maturity of the Bonds are called for redemption, the Bonds within such maturity to be redeemed shall be selected by the Securities Depository pursuant to its rules and procedures or, if the book -entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. (d) Redemption Notices. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the registered owner of the Bonds. The City shall not be responsible for mailing notice of redemption to anyone other than DTC or another qualified Securities Depository or its nominee unless no qualified Securities Depository is the registered owner of the Bonds. If no qualified Securities Depository is the registered owner of the Bonds, notice of redemption shall be mailed to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender thereof. 4. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Mayor or Vice -Mayor, shall be countersigned by the manual or facsimile signature of the City Clerk or Deputy Clerk, and the City's seal shall be affixed thereto or a facsimile thereof printed thereon; provided, that if both of such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the manual signature of the City Treasurer, as Registrar, or an authorized officer or employee of any bank or trust company serving as successor Registrar and the date of authentication noted thereon. 5. Bond Form. The Bonds shall be in substantially the form attached to this Resolution as Exhibit A, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by the execution and delivery of the Bonds. 6. Pledge of Full Faith and Credit. The full faith and credit of the City are irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay when due the principal of, premium, if any, and interest on the Bonds. 7. Registration, Transfer and Owners of Bonds. The City Treasurer is appointed paying agent and registrar for the Bonds (the "Registrar"). The City may appoint a qualified bank or trust company as successor paying agent and registrar of the Bonds. The Registrar shall maintain registration books for the registration and registration of transfers of the Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, or at its designated corporate trust office if the Registrar is a bank or trust company, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate, if required by Section 4, and shall deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate and registered in the name as requested by the then registered owner thereof or its duly authorized attorney or legal representative. Any al such transfer or exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such transfer or exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person or entity exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as owner on the registration books as of the Record Date. 8. Sale of Bonds. The City Council approves the following terms of the sale of the Bonds. The Bonds shall be sold by competitive bid in a principal amount to be determined by the City Manager, in collaboration with the Financial Advisors, and subject to the limitations set forth in Sections 1 and 2, and the City Manager shall receive bids for the Bonds and award the Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set forth in Section 2. Following the sale of the Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Bonds. The actions of the City Manager in selling the Bonds shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the City Council. 9. Notice of Sale; Bid Form. The City Manager, in collaboration with the Financial Advisors, is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the forms of the Official Notice of Sale and the Official Bid Form, which forms are attached as an Appendix to the draft of the Preliminary Official Statement described in Section 10 below, and which forms are approved; provided, that the City Manager, in collaboration with the Financial Advisors, may make such changes in the Official Notice of Sale and the Official Bid Form not inconsistent with this Resolution as he may consider to be in the best interest of the City. 10. Official Statement. A draft of a Preliminary Official Statement describing the Bonds, a copy of which has been provided or made available to each member of the City Council, is approved as the form of the Preliminary Official Statement by which the Bonds will be offered for sale, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager, in collaboration with the Financial Advisors, may consider appropriate. After the Bonds have been sold, the City Manager, in collaboration with the Financial Advisors, shall make such completions, omissions, insertions and changes in the Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable to complete it as a final Official Statement for the Bond, execution thereof by the City Manager to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. The City shall arrange for the delivery to the purchaser of the Bonds of a reasonable number of copies of the final Official Statement by the earlier of seven business days after the Bonds have been sold or the date of issuance thereof, for delivery to each potential investor requesting a copy of the Official Statement and for delivery to each person to whom such purchaser initially sells Bonds. 11. Official Statement Deemed Final. The City Manager is authorized, on behalf of the City, to deem the Preliminary Official Statement and the Official Statement in final form for the Bonds, each to be final as of its date within the meaning of Rule 15c2-12 ('Rule 15c2-12") of 5 the Securities and Exchange Commission (the "SEC"), except for the omission in the Preliminary Official Statement of certain pricing and other information permitted to be omitted pursuant to Rule 15c2-12. The distribution of the Preliminary Official Statement and the Official Statement in final form shall be conclusive evidence that each has been deemed final as of its date by the City, except for the omission in the Preliminary Official Statement of such pricing and other information permitted to be omitted pursuant to Rule 15c2-12. 12. Preparation and Delivery of Bonds. After bids have been received and the Bonds have been awarded to the winning bidder, the officers of the City are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the purchaser thereof upon payment therefor. 13. Arbitrage Covenants. The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant thereto (the "Code"), or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing laws. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds from being includable in the gross income of the registered owners thereof under existing law. The City shall pay any such required rebate from its legally available funds. 14. Non -Arbitrage Certificate and Elections. Such officers of the City as may be requested are authorized and directed to execute an appropriate certificate setting forth the reasonably expected use and investment of the proceeds of the Bonds in order to show that such reasonably expected use and investment will not violate the provisions of Section 148 of the Code, and any elections such officers deem desirable regarding rebate of earnings to the United States, for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the City. 15. Limitation on Private Use. The City covenants that it shall not permit the proceeds of the Bonds or the facilities financed or refinanced with the proceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or of the facilities financed or refinanced with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds or the facilities being financed with such proceeds being used with respect to any output facility (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141(c) of the Code; provided, that if the City receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law, the City need not comply with such covenants. 16. Continuing Disclosure Agreement. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a continuing disclosure agreement setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary to assist the purchaser of 2 the Bonds in complying with the provisions of Rule 15c2-12. Such continuing disclosure agreement shall be substantially in the form attached as an Appendix to the draft of the Preliminary Official Statement described in Section 10 above, which form is approved with such completions, omissions, insertions and changes that are not inconsistent with this Resolution. 17. Other Actions. All other actions of officers of the City and of the City Council in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are hereby ratified, approved and confirmed. The officers of the City are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 18. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 19. Effective Date. This Resolution shall take effect immediately. Exhibit A — Form of Bond 7 Exhibit A — Form of Bond Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange or payment, and this certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED No. R - UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH General Obligation Public Improvement Bond Series 2011A INTEREST RATE MATURITY DATE DATED DATE CUSIP June 1, June REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay, upon surrender hereof to the registered owner hereof, or registered assigns or legal representative, the Principal Amount stated above on the Maturity Date stated above, subject to prior redemption as hereinafter provided, and promises to pay interest hereon from the Dated Date stated above on each June 1 and December 1, beginning December 1, 2011, at the annual Interest Rate stated above, calculated on the basis of a 360 -day year of twelve 30 -day months. Principal, premium, if any, and interest are payable in lawful money of the United States of America by the City Treasurer, who has been appointed Registrar (the "Registrar"). The City may appoint a qualified bank as successor paying agent and registrar for the bonds. Notwithstanding any other provision hereof, this bond is subject to a book -entry system maintained by The Depository Trust Company ("DTC"), and the payment of principal, premium, if any, and interest, the providing of notices and other matters shall be made as described in the City's Blanket Issuer Letter of Representations to DTC. This bond is one of an issue of $ General Obligation Public Improvement Bonds, Series 2011A (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991. The Bonds have been authorized by ordinances adopted by the City Council of the City of Virginia Beach (the "City Council") on May 12, 2009 and May 11, 2010, and are being issued pursuant to a resolution adopted by the City Council on June 14, 2011 (the "Bond Resolution"), to finance various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements and to pay costs of issuance of the Bonds. The Bonds maturing on or before June 1, 2021, are not subject to optional redemption prior to maturity. The Bonds maturing on or after June 1, 2022, are subject to redemption prior to maturity at the option of the City on or after June 1, 2021, in whole or in part at any time (in any multiple of $5,000), upon payment of the following redemption prices (expressed as a percentage of principal amount of the Bonds to be redeemed) plus interest accrued and unpaid to the date fixed for redemption: Period During Which Redeemed (Both Dates Inclusive) Redemption Price The Bonds maturing on June 1, 20_, are required to be redeemed in part before maturity by the City on June 1, 20 in the years and amounts set forth below, at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus interest accrued and unpaid to the date fixed for redemption: Year Amount Year Amount The Bond Resolution provides for a credit against the mandatory sinking fund redemption of the Bonds maturing on June 1, 20 in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all the Bonds of a particular maturity are called for redemption, the Bonds within such maturity to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. FEW) The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to DTC or its nominee as the registered owner hereof If a portion of this bond is called for redemption, a new Bond in the principal amount of the unredeemed portion hereof will be issued to the registered owner upon surrender hereof. The full faith and credit of the City are irrevocably pledged for the payment of principal of, premium, if any, and interest on this bond. Unless other funds are lawfully available and appropriated for timely payment of this bond, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all taxable property within the City sufficient to pay when due the principal of, premium, if any, and interest on this bond. The Registrar shall treat the registered owner of this bond as the person or entity exclusively entitled to payment of principal of and interest on this bond and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as the owner on the registration books on the first day of the month preceding each interest payment date. In the event a date for the payment of principal, redemption price, or interest on this bond is not a business day, then payment of principal, redemption price, and interest on, this bond shall be made on the next succeeding day which is a business day, and if made on such next succeeding business day, no additional interest shall accrue for the period after such payment or redemption date. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of Bonds of which this bond is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. MI IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated the Dated Date stated above. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto: (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: the within bond and all rights thereunder, hereby irrevocably constituting and appointing 'Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, Securities Broker/Dealer, Credit Union or Savings Association who is a member of a medallion program approved by The Securities Transfer Association, Inc. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the registered owner as it appears on the front of this bond in every particular, without alteration or enlargement or any change whatsoever. A-5 Requires an affirmative vote by a majority of the members of the City Council. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of June, 2011. APPROVED AS TO CONTENT: Finance Department CA -11863 R-1 June 2, 2011 APPROVED AS TO LEGAL SUFFICIENCY: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Requesting the Beaches and Waterways Advisory Commission to Study Dredge Spoils Removal and Transfer Stations MEETING DATE: June 14, 2011 ■ Background: City Council established the Beaches and Waterways Advisory Commission on June 13, 2000. The Commission serves in an advisory capacity to City Council with respect to beach and waterways -related issues, and its responsibilities include reviewing issues referred to it by City Council concerning, among other things, the City's navigable waterways. On May 10, 2011, City Council adopted a Council policy entitled, "Neighborhood Dredging Program" that establishes the program, which is 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. ■ Considerations: The public has received a substantial amount of incomplete and inaccurate information regarding dredge spoils removal and transfer stations, which points to the need for a study on those issues that contains complete and accurate information. This resolution requests that the Beaches and Waterways Advisory Commission study the issues of dredge spoils removal and transfer stations and present a report to City Council detailing its findings by December 22, 2011. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution. Requested by Vice Mayor Jones and Councilmember Wood REQUESTED BY VICE MAYOR JONES AND COUNCILMEMBER WOOD 1 A RESOLUTION REQUESTING THE BEACHES AND 2 WATERWAYS ADVISORY COMMISSION TO STUDY 3 DREDGE SPOILS REMOVAL AND TRANSFER STATIONS 4 5 WHEREAS, by ordinance adopted on June 13, 2000, City Council established 6 the Beaches and Waterways Advisory Commission; 7 8 WHEREAS, the Commission serves in an advisory capacity to City Council with 9 respect to beach and waterways -related issues, and its responsibilities include 10 reviewing issues referred to it by City Council concerning, among other things, the City's 11 navigable waterways; 12 13 WHEREAS, on May 10, 2011, City Council adopted a Council policy entitled, 14 "Neighborhood Dredging Program" that establishes the program, which is funded by a 15 partnership between the City and neighborhood residents to ensure that the Lynnhaven 16 River, Rudee Inlet, the Elizabeth River, Broad Bay, and Linkhorn Bay navigation 17 channels are adequately dredged; 18 19 WHEREAS, the public has received a substantial amount of incomplete and 20 inaccurate information regarding dredge spoils removal and transfer stations, which 21 points to the need for a study on those issues that contains complete and accurate 22 information; and 23 24 WHEREAS, such a study by the Commission would also assist the City in 25 carrying out Council's policy and would provide vital information for City Council in 26 determining the specific utilization of spoils sites. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 31 1. That the Beaches and Waterways Advisory Commission is hereby 32 requested to study the issues of dredge spoils removal and transfer stations and to 33 present a report to City Council detailing its findings by February 7, 2012. 34 35 2. That the study shall include, at a minimum: 36 37 • The feasibility of alternative dredging methods, such as hydraulic 38 rather than mechanical dredging; 39 • The potential for beneficial re -use of spoils; 40 • Opportunity for public input from all concerned citizens with at least 41 one facilitated structured meeting for public input; 42 • An analysis of the impact on affected communities (both those 43 receiving dredging and those in the vicinity of the existing and 44 proposed transfer stations) with a focus on identifying sites that are 45 46 47 48 49 50 51 52 53 54 55 sufficient to support the needs of the project but that have the least potential adverse impact for the community; and • A proposed framework with parameters for operation of the spoils sites, including potential use of the sites by the public for dredging by entities or individuals other than the City 3. That the City Manager shall direct his staff to assist and support the Board in preparing this study. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2011. APPROVED AS TO LEGAL SUFFICIENCY: Z --- City Attorney's Office CA11884 R-4 June 8, 2011 K CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Resume the Biennial Budget Process and to Make the Process a Rolling Biennial Budget MEETING DATE: June 14, 2011 ■ Background: The City adopted a biennial budget process in FY 2005-06 as a way to improve the planning and forecasting of resource management decisions before suspending that process as part of the FY 2010-11 Operating Budget. For these biennial budgets, the City developed the budget using a fixed two-year or "classic biennial budget" structure. Much debate surrounding the FY 2011-12 Operating Budget centered around its impacts on the FY 2012-13 budget year. A "rolling biennial budget" process is a two- year budget structure where the second year is always a planning year. Utilization of a rolling biennial budget allows for the adoption of the upcoming fiscal year budget while taking into consideration the following year's revenues and expenditures for planning purposes. ■ Considerations: It is common for governmental bodies to produce biennial budgets for short and long term financial planning. The City Council prides itself on making prudent financial decisions, taking into account present and projected economic indicators. This resolution would provide that the City will resume the preparation of its budget on a biennial, rather than an annual, basis, beginning with the FY 2012-13 budget process. Additionally, the process would be structured as a rolling biennial budget with the second year as a planning year. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution; Biennial Budget Process Graphic Requested by Councilmember Davis REQUESTED BY COUNCILMEMBER DAVIS 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 A RESOLUTION TO RESUME THE BIENNIAL BUDGET PROCESS AND TO MAKE THE PROCESS A ROLLING BIENNIAL BUDGET WHEREAS, it is common for governmental bodies to produce biennial budgets for short and long term financial planning; and WHEREAS, a biennial budget process may be structured as a "classic biennial budget," where the budget covers a fixed two-year period, or a "rolling biennial budget," where the two-year budget is undertaken each year and the second year is always a planning year; and WHEREAS, the City adopted a biennial budget process in FY 2005-06 as a way to improve the planning and forecasting of resource management decisions before suspending that process as part of the FY 2010-11 budget process; and WHEREAS, the biennial budget process previously utilized by the City was a classic biennial budget; and WHEREAS, much debate surrounding the City's 2011-12 budget centered around its impacts on the 2012-13 budget; and WHEREAS, the City Council prides itself on making prudent financial decisions, taking into account present and projected economic indicators; and WHEREAS, the City Council desires to resume the biennial budget process with the development of the budget utilizing a rolling biennial budget structure; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City of Virginia Beach will resume the preparation of its budget on a biennial rather than an annual basis beginning with the FY 2012-13 budget, which will be structured as a rolling biennial budget. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 2011. APPROVED AS TO LEGAL SUFFICIENCY: i y tto ice CA11878 / R-4 / May 25, 2011 vi rn �C) O N LL 00 r CO ' O O O N } } LL ti tf) L O O O N LL O O O } N } LL r M ' L O (D N LL N c' L M O O } N } LL M r r ' L N O O O N LL O Q Q 2 ,a1 N Q O El C Ws LA ,1 IN, N } i�u neq�i. r C � oPp7> ( a '•i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Regarding the City's 2012 Employee and Retiree Health Care Insurance Plans MEETING DATE: June 14, 2011 ■ Background: The City and Schools operate a joint self-insured health insurance plan, which is overseen on a daily basis by the Consolidated Benefits Office. The Benefits Executive Committee (BEC) is charged with making recommendations to the City Manager and the Superintendent of Schools on plan design and annual rates for the various plans offered. The BEC is comprised of members from the City Manager's Office; the Superintendent's Office; City and Schools Human Resource Departments; City Budget staff; City and School Finance Departments; and is staffed by the Director of the Consolidated Benefits Office. ■ Considerations: ■ There are roughly 14,900 City and School employees and retirees currently enrolled in the health insurance plans offered. ■ The BEC recently completed a request for proposal (RFP) process to solicit vendors to 1) administer a "self-insured" health insurance plan for both the City and School System or 2) offer a "fully -insured" health insurance plan to both groups of employees. Five vendors were contacted and only two submitted proposals. Of the two vendors, Optima's self-insured proposal was the least expensive for medical, pharmacy, and administrative costs. Switching to the other vendor would increase plan costs by $7.1 million under a self-insured strategy or by $2 million under a fully -insured strategy. Based on financials and a track record for improving the health status of employees, the RFP Committee awarded the contract to Optima. • There are three plan design changes mandated by federal health insurance reform. Those changes are: increased coverage for preventive care; coverage for participation in clinical trials; and enabling dependants to remain covered by the health plan up to the age of 26, regardless of other coverage. ■ The City/Schools have been making the annually required contribution to GASB45 through the Health Care Fund. This contribution in FY 2012 is estimated to be $8 million. Current projections including medical trends indicate that the Health Care Fund Balance is sufficient to cover the GASB45 payment in 2012 and to allow employee premium rates and the employer contribution to remain at 2011 levels for one more fiscal year. ■ Recommendation: Based on the concerns over the economy, there are no recommended changes to the Health Insurance Plan other than the federally mandated changes noted above. No increase is recommended for either premiums or employer contributions for Plan Year 2012. It is also recommended that the City and School System make the FY 2012 GASB45 required annual contribution through the Health Care fund. ■ Public Information: The City Council and School Board jointly received a public briefing on the Health Insurance Program on June 7, 2011. Public Information will also be provided through normal advertisement of the Council agenda. ■ Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Consolidated Benefits Office City Manager:-. 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 A RESOLUTION REGARDING THE CITY'S 2012 EMPLOYEE AND RETIREE HEALTH CARE INSURANCE PLANS WHEREAS, the next Health Care Plan year takes effect January 1, 2012; and WHEREAS, the Benefits Executive Committee has recommended some changes to the health care plan offerings and to the rates for plan year 2012. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT The City Manager, or his designee, is hereby authorized to work with the Consolidated Benefits Office to implement the Health Care Offerings to City employees as outlined below: a) Continue as a self-insured health plan due to the substantial savings and award Optima the contract for the next three years with four one year renewals. b) Maintain the 2011 premium rate structure, the current plan design and employer contribution level for plan year 2012. c) Implement the three plan design changes mandated by the federal health insurance reform. d) Use the balance of the Health Care Fund to absorb any cost increases not covered by the 2012 employee rates and employer contribution amount and to make the 2012 annually required contribution to GASB45. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2011. Approved as to Content: Management Services CA -11900 R-3 June 6, 2011 Approved as to Legal Sufficiency: M d.4 d4 CityAttorney's Office ,GVW CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Declaring the Former Pump Station Site within the John B. Dey Elementary School Site in Excess of the City's Needs and Authorizing the City Manager to Reconvey Same to the School Board of the City of Virginia Beach (GPIN 1499-55-9393) MEETING DATE: June 14, 2011 ■ Background: In 1977, by Deed of Dedication recorded in Deed Book 1674, at page 471 (the "Deed"), the School Board of the City of Virginia Beach ("School Board") dedicated a 50'x 50'(2500 sq. ft. /.057 acre) parcel of land to the City of Virginia Beach (the "City"), to be used for a pump station (the "Property"). The School Board also dedicated a 15' utility easement, a 20' ingress easement and a 20' egress easement (the "Easements") to be used in association with the Property. The City is no longer using the Property as a pump station; therefore, the School Board requests that the City declare the Property and Easements to be in excess of its needs and reconvey the Property to the School Board and vacate the Easements. The Property would be incorporated back into the existing school site for improvements to the parking lot for John B. Dey Elementary School. The improvements would provide better traffic circulation for the school's front drop off area and will provide 11 additional on-site parking spaces. Virginia Code Section 22.1-125 requires title to all school property be vested in the School Board absent an agreement with the City to the contrary. Because the Property is located wholly within the John B. Dey Elementary School site, and because the School Board dedicated the Property and Easements to the City, the Property should be reconveyed to the School Board at no charge and the Easements should be vacated. ■ Considerations: The Department of Public Utilities has no objection to reconveying the Property to the School Board and vacating the Easements associated with the Property. ■ Public Information: Advertisement of Public Hearing in the Virginian -Pilot Beacon and advertisement of City Council Agenda. ■ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to reconvey the Property to the School Board, subject to the terms and conditions in the Summary of Terms attached to the Ordinance. ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate tx PA' A City Manager: � - bVL x E 2 ti co Z f � LL Q m N ~' O W ii o aw Amo z \ z CL U—) 0) p 0 J vi v O 4r F..H-LLO>o O �E5 =or N CL $ V OLT O W W � I}— a oo a J C7 a U U X 2 < W ~ = a w 0 LU F g M O � IAX THOMAS g15 OEY Od pb o 16 iild N a No z y a T Z o vi L } n -7 r THOMAS g15 OEY Od pb o 16 iild N a No z y a T Z o vi L } n 1 AN ORDINANCE DECLARING THE FORMER 2 PUMP STATION SITE WITHIN THE JOHN B. DEY 3 ELEMENTARY SCHOOL SITE IN EXCESS OF THE 4 CITY'S NEEDS AND AUTHORIZING THE CITY 5 MANAGER TO RECONVEY SAME TO THE 6 SCHOOL BOARD OF THE CITY OF VIRGINIA 7 BEACH (GPIN 1499-55-9393) s 9 WHEREAS, the City of Virginia Beach (the "City") owns a 50'x 50' (2,500 sq. ft. / to .057 acre) pump station site (the "Property") located within the John B. Dey Elementary 11 School site; 12 13 WHEREAS, the School Board of the City of Virginia Beach (the "School Board") 14 dedicated the Property to the City by Deed of Dedication recorded on June 24, 1977 in 15 Deed Book 1674, at page 471 in the Clerk's Office of the Circuit of the City of Virginia 16 Beach; 17 is WHEREAS, when the School Board dedicated the Property, it also dedicated a 19 15' utility easement, a 20' ingress easement and a 20' egress easement (the 20 "Easements") to be used in connection with the pump station; 21 22 WHEREAS, the City is no longer utilizing the Property, and the City has no future 23 need for the Property or the Easements; and 24 25 WHEREAS, the City Council is of the opinion that the Property and Easements 26 are in excess of the needs of the City and should be reconveyed to the School Board; 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 1. That the Property and Easements are hereby declared to be in excess of 32 the needs of the City of Virginia Beach. 33 34 2. That the City Manager is hereby authorized to execute the documents 35 necessary to reconvey the Property to the School Board and vacate the Easements, in 36 accordance with the Summary of Terms attached hereto as Exhibit A, and made a part 37 hereof, and such other terms and conditions deemed necessary and sufficient by the 38 City Manager and in a form deemed satisfactory by the City Attorney. 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 41 of 2011. APPROVED AS TO CONTENT: .(I— DepartmtYnt of Public Works CA11718 \\vbg ov.com\DF S 1 \Applications\CityLawProd\cycom32\W pd ocs\D02 AP008\00021666. DOC R-1 June 3, 2011 APPROVED AS TO LEGAL SUFFICIENCY: WUA Ae n�Ahn) City Attorney Office SUMMARY OF TERMS DISPOSITION OF EXCESS PROPERTY (PUMP STATION SITE — JOHN B. DEY ELEMENTARY SCHOOL) PARTIES: City of Virginia Beach and School Board of the City of Virginia Beach PROPERTY: 50'x 50' (2,500 sq. ft. /.057 acre) (GPIN 1499-55-9393) City -owned former pump station site located within the John B. Dey Elementary School site (GPIN 1499-55-8674) LEGAL DESCRIPTION: All that certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as "PROPOSED PUMPING STATION SITE" as shown on that certain plat entitled "PLAT SHOWING PUMPING STATION SITE, 20' INGRESS - EGRESS EASEMENT & 15' UTILITY EASEMENT FROM THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA FOR THE CITY OF VIRGINIA BEACH, VIRGINIA", dated December 7, 1976, and attached to the Deed of Dedication recorded in Deed Book 1674, at page 471, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. SALE PRICE: $0.00. ADDITIONAL CONDITIONS OF RECONVEYANCE • The School Board shall resubdivide the Property, at the School Board's expense, to eliminate the lot lines for GPIN 1499-55-9393 and to incorporate said land into the John B. Dey Elementary School site (GPIN 1499-55-8674). The City shall vacate the 15' utility easement, 20' ingress easement and 20' egress easement associated with the Property. ♦4�'�'� g�cHG CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution authorizing and directing the City Manager to execute an Addendum to the 2009 Intergovernmental Agreement between the Virginia Department of Agriculture and Consumer Services and the City of Virginia Beach regarding the purchase of Agricultural Reserve Program Easements MEETING DATE: June 14, 2011 ■ Background: In 2009, the Virginia Department of Agriculture and Consumer Services ("VDACS") provided the City with a grant in the maximum cumulative amount of $49,900.00, as reimbursement for certain costs incurred by the City in connection with the purchase of farmland preservation easements under the City's Agricultural Reserve Program ("ARP"). VDACS has now determined that the City is eligible for additional funding, in the amount of $54,247.37, to utilize funding that has not been used by other localities. Subject to the approval of the City Council, the City Staff and VDACS have agreed upon the terms of the addendum ("Addendum A") to the 2009 Intergovernmental Agreement (IA) providing for the additional funding. Two items concerning this matter are on the City Council agenda. The first is a Resolution authorizing and directing the City Manager to execute Addendum A to the 2009 IA on behalf of the City. The other is the Ordinance to accept and appropriate the $54,247.37 for an enrolled easement. ■ Considerations: Intergovernmental Agreement: The IA provides that VDACS will reimburse the City for certain costs of acquiring ARP easements. Costs eligible for reimbursement include: (1) the costs of U.S. Treasury STRIPS bought by the City to fund the purchase of the easement; (2) the cost of one appraisal; (3) attorney's fees; (4) the costs of one survey; (5) title insurance fees; and (6) public notice costs. The IA also allows the City to be reimbursed for certain other costs that, under current practice, are not incurred by the City in the course of acquiring ARP easements. These include certain debt service on the financed portion of the purchase price of an ARP easement and portions of the purchase price of an ARP easement that the City will prepay. The IA also places a maximum amount on the reimbursement for any single ARP transaction. That amount, however, is unlikely to be exceeded, and it is thus anticipated that the City will be reimbursed in any single transaction for 100% of the costs listed above, up to the new maximum cumulative amount of $104,147.37. A Summary of Material Terms is included in the agenda package for this item. ■ Public Information: No special advertising is required. ■ Recommendations: Adoption of Resolution and Ordinance ■ Attachments: Ordinance, Resolution and Summary of Material Terms Recommended Action: Approval of the Ordinance and Resolution Submitting Department/Agency: Agriculture Department Dfz-� City Manage . k 1 A RESOLUTION AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE AN ADDENDUM TO THE 3 2009 INTERGOVERNMENTAL AGREEMENT BETWEEN 4 THE VIRGINIA DEPARTMENT OF AGRICULTURE AND 5 CONSUMER SERVICES AND THE CITY OF VIRGINIA 6 BEACH REGARDING THE PURCHASE OF 7 AGRICULTURAL RESERVE PROGRAM EASEMENTS 8 9 10 WHEREAS, the City of Virginia Beach (the "City") adopted the Agricultural Lands 11 Preservation Ordinance in May 1995, thereby establishing a comprehensive program 12 (the "Agricultural Reserve Program") for the preservation of agricultural lands within the 13 City; and 14 15 WHEREAS, since its inception of the Agricultural Reserve Program, 16 approximately 8,831 acres of land have been placed under easements restricting 17 development of the land to agricultural uses; and 18 19 WHEREAS, the General Assembly, by Chapter 879 of the 2008 Acts of 20 Assembly, appropriated $500,000 to the Virginia Department of Agriculture and 21 Consumer Services ("VDACS") for the continuation of a state fund to match local 22 governmental purchases of development rights program funds for the preservation of 23 working farms and forest lands; and 24 25 WHEREAS, Section 3.2-201 of the Code of Virginia authorizes VDACS' Office of 26 Farmland Preservation to develop methods and sources of revenue for allocating funds 27 to localities to purchase agricultural conservation easements; and 28 29 WHEREAS, VDACS determined that the City was eligible to receive contributions 30 of funds from VDACS in reimbursement for certain costs the City incurred in the course 31 of purchasing Agricultural Reserve Program easements; and 32 33 WHEREAS, City and VDACS entered into an agreement entitled 34 "INTERGOVERNMENTAL AGREEMENT Between Virginia Department of Agriculture 35 and Consumer Services and The City of Virginia Beach", dated January 28, 2009 ("2009 36 Agreement"), a true copy of which agreement is on file in the City Clerk's Office; and 37 38 WHEREAS, VDACS determined City is eligible to receive additional funding in 39 the amount of $54,247.37, applicable to the 2009 Agreement, making $104,147.37 the 40 total amount available for reimbursement of certain costs incurred by the City in the 41 course of purchasing ARP easements; and 42 43 WHEREAS, City and VDACS desire to enter into an addendum ("Addendum A") 44 to the 2009 Agreement to increase the funding available to the City pursuant to the 45 2009 Agreement; and 46 WHEREAS, a Summary of Material Terms of the 2009 Agreement and its 47 Addendum A is appended hereto; and 48 49 WHEREAS, the City Council finds that the terms of Addendum A are fair and 50 reasonable and would be of significant benefit to the City and its citizens by providing an 51 additional source of funds for the purchase of Agricultural Reserve Program easements. 52 53 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 54 OF VIRGINIA BEACH: 55 56 That the City Manager is hereby authorized and directed to execute the aforesaid 57 Addendum A to the 2009 Agreement on behalf of the City and to take such measures 58 as are necessary or advisable to implement such agreement according to its terms. 59 60 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 61 VIRGINIA BEACH: 62 63 That the City Council hereby expresses its appreciation to the Governor, the 64 General Assembly and the Virginia Department of Agriculture and Consumer Services 65 for their continued commitment to the preservation of agriculture within the 66 Commonwealth and the City. 67 68 Adopted by the Council of the City of Virginia Beach, Virginia on the day 69 of )2011. 70 71 72 73 Approved as to Content: Approved as to Legal Sufficiency: 74 75 76 77 78 Agriculture Department City Attorney's Office 79 80 81 CA -11726 82\\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\Wpdocs\D001\P009\00022074.DOC 83 R-1 84 June 1, 2011 6 Intergovernmental Agreement between Virginia Department of Agriculture and Consumer Services and The City of Virginia Beach and Addendum A to the Intergovernmental Agreement Summary of Material Terms Parties: The City of Virginia Beach ("City") and the Virginia Department of Agriculture and Consumer Services ("VDACS"). Background: On January 27, 2009, the City was approved to receive $49,900 from VDACS pursuant to that Intergovernmental Agreement dated January 28, 2009 ("2009 Agreement") for reimbursement of certain costs incurred by the City in the course of purchasing agricultural preservation easements through the City's Agricultural Reserve Program ("ARP"). On January 25, 2011, City accepted the $49,900 from VDACS and appropriated the funds to the 2010-11 operating budget of the Department of Agriculture. VDACS has determined the City is eligible to receive an additional $54,247.37 to purchase agricultural preservation easements. VDACS Responsibilities: VDACS will reimburse the City for certain costs of purchasing ARP easements. The amount of additional funding for easements recorded by May 27, 2011 is $54,247.37, making $104,147.37 the total maximum amount available under the 2009 Agreement and its Addendum A. Reimbursable costs include: • the purchase price of any Treasury STRIPS acquired to fund the purchase price of the conservation easement; • cost of title insurance; • cost of one appraisal; • one physical survey; • reasonable attorney's fees; • cost of public notices Note: Other costs are reimbursable but are not incurred by the City in the course of ARP transactions as presently structured Maximum reimbursement for a single purchase is equal to 50% of sum of the purchase price of the easement and reimbursable costs, excluding costs of STRIPS. City of Virginia Beach Responsibilities: Cost: • Utilize state funds to further protect working agricultural lands by purchasing development rights. • Submit a progress report each year that the agreement is effective or a subsequent agreement is in effect to (i) describe any prospective properties and the status of any negotiations, (ii) estimate the timeframes that agreements could possibly be executed, (iii) maintain a public outreach program designed to educate various stakeholders, (iv) develop and maintain a monitoring program, and (v) continually evaluate the effectiveness of the program. • If City sells development rights back to the property owner, City must reimburse VDACS in an amount proportional to VDACS' contribution toward the total reimbursable cost of acquiring the ARP easement. • No associated costs are incurred by the City Duration and Termination: • Initial term is two years from the date of the agreement or January 28, 2011. • This addendum shall be merged with the previous agreement that expired on January 28, 2011 in order to provide additional funding for any easements that were recorded by May 27, 2011. • City may be recertified as eligible for future funding, but not guaranteed. • The agreement may be terminated if the City fails to perform any of its obligations under the terms of this agreement. • If the City fails to allocate the spending of the funds within the two year time period, monies will then be redistributed to other PDR programs. 2 r.r.4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Agriculture and Consumer Services to the Department of Agriculture to Reimburse the City for a Portion of the Cost to Acquire a Preservation Easement MEETING DATE: June 14, 2011 ■ Background: On January 27, 2009, City Council authorized the City Manager to execute an Intergovernmental Agreement with the Virginia Department of Agriculture and Consumer Services (VDACS). This agreement provided the opportunity to request state funding through the Office of Farmland Preservation that would match local dollars for easements acquired, not to exceed $49,900. An Addendum A to the original agreement is before City Council today that will increase the amount of available funding that the City can request from VDACS to $104,147. The goal of the Intergovernmental Agreement is to provide financial assistance for local programs to protect working farm and forested lands. This agenda item requests appropriation of the new State funding amount available to reimburse some of the costs incurred by the City in August, 2010 for the acquisition of an agricultural land preservation easement. ■ Purpose/Considerations: This item accepts and appropriates an additional amount of $54,247 from VDACS to reimburse the ARP Special Revenue Fund for a portion of the easement value ($288,344) for the Truman D. Baxter, Jr. property. The Baxter farm of 37.94 acres, located at 3457 Land of Promise Road, was enrolled in ARP on August 18, 2010. The appropriation will help reimburse the cost of the U.S. Treasury STRIPS that were purchased to fund the principal payment. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Recommendations: Accept and appropriate State funding from VDACS to the ARP Special Revenue Fund. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Agriculture City Manager: a(y�, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES TO THE DEPARTMENT OF AGRICULTURE TO REIMBURSE THE CITY FOR A PORTION OF THE COST TO ACQUIRE A PRESERVATION EASEMENT WHEREAS, the ARP Special Revenue Fund is eligible for reimbursement from the State for up to 50% of the value of the agricultural preservation easement for the Truman D. Baxter, Jr. property, up to $104,147; and WHEREAS, the acquisition cost for this easement totaled $288,344. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $54,247 is hereby accepted from the Virginia Department of Agriculture and Consumer Services and appropriated, with estimated state revenues increased accordingly, to the ARP Special Revenue Fund to partially reimburse the City for the acquisition of a preservation easement. Adopted by the Council of the City of Virginia Beach, Virginia on the day of .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 ity A#6r s'07fice CA11897 R-2 June 6, 2011 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving a Non -Binding Term Sheet With YMCA of South Hampton Roads Relating to the Development of a YMCA Family Center and 50 Meter Competition Pool at the Northeast Intersection of Dam Neck Road and Landstown Road in Virginia Beach MEETING DATE: June 14, 2011 ■ Background: The City of Virginia Beach (the "City") owns two parcels of land totaling approximately 10.35 acres and located at the intersection of Dam Neck Road and Landstown Road in the Princess Anne Commons area (the "Property"). The City and the YMCA of South Hampton Roads ("YMCA") have been discussing the possibility of the YMCA, in partnership with the Tides Swim Team, constructing a YMCA Family Center and 50 -meter enclosed pool on a portion of the Property (the "Project"). The YMCA would be responsible for the construction and operation of the Project, which would offer recreational and educational programs and services. The family center would be approximately 45,000 sq. ft., plus the enclosed fifty (50) meter pool, with estimated construction costs of $10,000,000. The City would dedicate a portion of the Property to the YMCA subject to restrictions, easements and encumbrances of record. The exact size of the dedication will be determined based on the needs of the Project. It is estimated to be between seven and acres and the entire 10.35 acres. Other than the dedication of the land, the City would make no other contributions to the Project. The YMCA has requested that the City enter into a non-binding term sheet with the YMCA to coordinate development plans and schedules for the Project. ■ Public Information: Public information for this item will be handled through the normal agenda process. ■ Alternatives: Authorize City Manager to execute a non-binding Term Sheet, change conditions of the Term Sheet, or decline to authorize the City Manager to execute Term Sheet. ■ Recommendations: Approval ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Parks & Recreati n City Manage . 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 ORDINANCE APPROVING A NON-BINDING TERM SHEET WITH YMCA OF SOUTH HAMPTON ROADS RELATING TO THE DEVELOPMENT OF A YMCA FAMILY CENTER AND 50 -METER COMPETITION POOL AT THE NORTHEAST INTERSECTION OF DAM NECK ROAD AND LANDSTOWN ROAD IN VIRGINIA BEACH WHEREAS, the City of Virginia Beach (the "City") owns two parcels of land totaling approximately 10.35 acres located at the intersection of Dam Neck Raod and Landstown Road in the Princess Anne Commons area (GPIN 1484-79-2884 and 1484- 79-2434) (the "Property"); WHEREAS, the YMCA of South Hampton Roads ("YMCA"), in partnership with the Tides Swim Team, desires to construct a 45,000+/- sq. ft. YMCA Family Center and a 50 -meter enclosed pool on a portion of the Property (the "Project"); WHEREAS, YMCA would offer recreational and educational programs and services, and endeavor to ensure that low and moderate income families residing in Virginia Beach have membership and program opportunities through the YMCA's sliding scale; WHEREAS, YMCA has requested that the City dedicate the Property in connection with the Project as its only contribution to the Project. The Property would be conveyed subject to deed restrictions, easements and encumbrances of record, and it would only be used for non-profit purposes consistent with the mission of the YMCA; and WHEREAS, the development of the Project would serve the needs of the citizens of the City of Virginia Beach and would promote the City's goals of a healthy population. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a non-binding term sheet with YMCA of South Hampton Roads, to set forth coordination of development efforts of the proposed YMCA Family Center and 50 -meter pool, in accordance with the Summary of Terms attached hereto and made a part hereof, and such other terms and conditions 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 day of 2011. AP"ED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Dept. M P Recreation City A or ey CA11725 \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\W pdocs\D027\P008\00021632. DOC 6/6/11 R-1 SUMMARY OF TERMS TERM SHEET BETWEEN THE CITY AND THE YMCA PROPERTY: Approximately 10.35 acres at the intersection of Dam Neck and Landstown Road PARTIES: City of Virginia Beach ("City") YMCA of South Hampton Roads ("YMCA") PURPOSE: City to dedicate parcel to YMCA for the purpose of the YMCA constructing and operating an approximately 45,000 square foot recreational and educational facility and a 50 meter competition pool. The pool will be covered with an architectural membrane capable of withstanding sustained winds of at least 110 miles per hour. COST: No cost to the City other than the value of the dedicated land. The improvements to be constructed by the YMCA are expected to cost approximately $10,000,000. SPECIAL TERMS: The YMCA will be required to operate the facility as a non-profit facility consistent with the YMCA's mission. The YMCA will endeavor to ensure that low and moderate income families and children in the surrounding areas have access to the facility at a reduced cost through the YMCA's scholarship program. The design and operation of the facility will be consistent with the Princess Anne Commons Guidelines. DEED RESTRICTIONS: The City -owned property will be dedicated to the YMCA subject to deed restrictions ensuring the continued use of the property for non-profit purposes consistent with the City's goals for that portion of Princess Anne Commons. i.�LL�r i u }2 ("i• sJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to Provide an Interest -Free Loan to the Kempsville Rescue Squad, Inc., for the Purchase of a Replacement Ambulance MEETING DATE: June 14, 2011 ■ Background: The Kempsville Rescue Squad is requesting a no -interest loan from the City for an ambulance, and related equipment and supplies that will replace their 2003 model ambulance that has over 200,000 miles on the odometer. The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads own all the ambulances providing 911 emergency medical transportation services in the City of Virginia Beach. The volunteer rescue squads receive no direct tax funding for their operating costs to provide these services and do not charge their patients for the medical treatment and/or transportation rendered. The primary source of revenue for the volunteer rescue squads is through their individual squad fund drives, conducted annually. Depending on the availability of funds, the City provides some support costs for the volunteer rescue squads, such as providing standard equipment for the ambulances; physical facilities and spaces to house and support equipment and personnel; paying utility bills for buildings and facilities housing a rescue squad, including those owned by a rescue squad; providing or paying for property and liability insurance for any building, facility or real property used to operate the volunteer emergency medical transport service; providing or paying for fuel for ambulances, zone cars and other emergency service vehicles; providing or paying for insurance covering ambulances and other emergency service and support vehicles owned by the rescue squads; providing adequate staff and budget for volunteer EMS recruitment and retention programs; providing initial and continued training and education of volunteers; and providing shift supervision. Also, the City of Virginia Beach has historically provided short term, no interest loans to the volunteer rescue squads servicing our citizens. The majority of these loans have been to provide initial capital for the acquisition of replacement ambulances. The cost of a new ambulance is approximately $135,000, without consideration of the medical equipment, supplies or personnel. ■ Considerations: The attached letter from Kempsville Volunteer Rescue Squad has been received by the Department of Emergency Medical Services requesting a no interest loan in the amount of $60,000 payable in five equal annual payments of $12,000 each. The first payment would commence June 2012. The Kempsville Rescue Squad is requesting a loan for the remaining cost of the replacement ambulance, equipment and supplies after a $68,231 state Rescue Squad Assistance Fund Grant and $16,769 squad contribution are applied. ■ Public Information: Information will be disseminated through the regular Council agenda notification process. ■ Alternatives: The alternative to this request could include pursuit of a business loan from a private financial institution, which will be costlier and will cause the rescue squad to further delay purchase of the replacement ambulance. ■ Recommendations: The Department of Emergency Medical Services recommends approval of this loan request and ordinance. ■ Attachments: Ordinance, Loan Agreement, Promissory Note, Letter from Kempsville Rescue Squad Requesting a No Interest Loan Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manage L4 . 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE KEMPSVILLE 3 VOLUNTEER RESCUE SQUAD, INC., FOR THE PURCHASE 4 OF A REPLACEMENT AMBULANCE 5 6 WHEREAS, the Kempsville Volunteer Rescue Squad has been awarded a Rescue 7 Squad Assistance Fund grant of $68,231 from the Virginia Department of Health Office of 8 Emergency Medical Services for the purchase of a replacement ambulance with estimated 9 cost of $135,000; and 10 11 WHEREAS, equipment and supplies will be required to outfit the replacement 12 ambulance totaling approximately $10,000; and 13 14 WHEREAS, the Kempsville Volunteer Rescue Squad will utilize approximately 15 $16,769 of fund drive funding toward the down -payment. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 1. That $60,000 is hereby appropriated from the fund balance of the General 21 Fund for an interest-free loan to the Kempsville Volunteer Rescue Squad for the purchase 22 of an ambulance and related equipment and supplies, contingent upon execution of the 23 attached agreement. 24 25 2. That this loan is to be repaid by Kempsville Volunteer Rescue Squad over 26 five (5) years, pursuant to the terms of the attached promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 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 Cit a ice .r CA11887 R-1 May 25, 2011 PROMISSORY NOTE $60,000 Virginia Beach, Virginia June 15, 2011 FOR VALUE RECEIVED, Kempsville Rescue Squad, Inc., ("Maker"), promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of SIXTY THOUSAND DOLLARS ($60,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before June 1, 2012 - $12,000 On or before June 1, 2013 - $12,000 On or before June 1, 2014 - $12,000 On or before June 1, 2015 - $12,000 On or before June 1, 2016 - $12,000 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). KEMPSVILLE RESCUE SQUAD, INC. (SEAL) Title: Date: Agreement Between the City of Virginia Beach and the Kempsville Rescue Squad Inc. THIS AGREEMENT is made and entered into this day of , 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Kempsville Rescue Squad, Inc., a Virginia nonstick corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including, but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY -insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request for extension shall be made to the EMS Chief no less than 30 days prior to the payment due date. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY -owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY -owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA James K. Spore, City Manager ATTEST: City Clerk KEMPSVILLE RESCUE SQUAD, INC. Title: APPROVED AS TO CONTENT: Virginia Beach Management Services Virginia Beach Risk Management Virginia Beach EMS Chief APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office EMPS'VILLE RESCUESQUAD INC. P.Q. BOX 62345 • VIRGINIA BEACH, VA. 23466 757-340-KVRS - www.kvrs.org March 29, 2011 Chief Bruce W. Edwards Virginia Beach Department of EMS 477 Viking Drive, Shite 130 Virginia Beach, VA 23452 Dear Chief Edwards, I'm writing ou behalf of the Ketnpsville. Volunteer.Rescue Squad to request a No -interest Loan from the City of Virginia Beach. The loan,will be used for the purchase of a new ambulance for Our squad. This new ambulance will replace Unit 921 which is a 2003 model ambulance with over 200,000 miles on it. We hope to have the new unit in service by the beginning of this summer. We reauest a loan for Sixtv'T`housand dollars, which we would like to repay in five annual ICE PSVILLE FESCUE SQUAD INC. P.O. BOX 62345 ► VIRGINIA BEACH, VA. 23466 757-340-KVRS * www.kvrs.org March 29, 2011 Division Chief John Bianco Virginia Beach Department of EMS 477 Viking Drive, Suite 130 Virginia Beach, VA 23452 �e-President Agreement Between the City of Virginia Beach and the Kemspville Volunteer Rescue Squad THIS AGREEMENT is made and entered into this day of , 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Kempsville Volunteer Rescue Squad ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including, but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY -insured vehicle. The 1 Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request for extension shall be made to the EMS Chief no less than 30 days prior to the payment due date. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY -owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY -owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. N IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA James K. Spore, City Manager ATTEST: City Clerk KEMPSVILLE VOLUNTEER RESCUE SQUAD APPROVED AS TO CONTENT: Virginia Beach Management Services Virginia Beach Risk Management Virginia Beach EMS Chief II Title: 3 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office PROMISSORY NOTE $60,000 Virginia Beach, Virginia June 14, 2011 FOR VALUE RECEIVED, Kempsville Volunteer Rescue Squad, ("Maker"), promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of SIXTY THOUSAND DOLLARS ($60,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before June 1, 2012 - $12,000 On or before June 1, 2013 - $12,000 On or before June 1, 2014 - $12,000 On or before June 1, 2015 - $12,000 On or before June 1, 2016 - $12,000 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. 5/25/2011 CADocuments and Settings\jconley\Local Settings\Temporary Internet Files\Content.Outlook\3D35JQU9\Kempsville Volunteer Rescue Squad Promissory Note 06-14-1 l.doc WITNESS the following signature(s). KEMPSVILLE VOLUNTEER RESCUE SQUAD (SEAL) By: NAME, Director 5/25/2011 CADocuments and Settings\jconley\Local Settings\Temporary Internet Files\Content.Outlook\3D35JQU9\Kempsville Volunteer Rescue Squad Promissory Note 06-14-11.doc PUBLIC WORKS DEPARTMENT 757-3854167 FAX (757)385-5783 TTY: 711 DATE: June 7, 2011 amity caf 'Vix-gi zia. Beach INTER -OFFICE MEMORANDUM TO: James Spore, Executive FROM: Gail E. Salmons, PW / RE Wgov com MUNICIPAL CENTER BUILDING 2 2405 COUitTHOUSE DPoVE VIRGINLA BEAACH, VA 23456-9035 SUBJECT: This is in response to Kathleen Hansen's request for Mr. Spore's inquiry concerning a pending agenda item to be heard by City Council on June 14,2011: Beach Garden Park — Kilbourne Court / Holly Road Improvements In order to construct the new bridge that goes over to the park area, the city will need the ordinance passed to condemn. There is a defunct corporation that owns the northeast corner of Kilbourne Court and the city is unable to located the property owners. The acquisition for this corner is $68 because it is low land. June 6, 2011 - I just talked to Mr. Inman. The condo association wants $17,000 and the appraisal was $5,069. Mr. Inman is on his way back from Richmond and said that he would send me a breakdown when he got back to his office. Keep in mind, when the appraiser spoke with the consulting engineer, the sign was not going to be impacted. Now the sign will be impacted. The perimeter of the sign is a brick base with a brick pillar on each side and the actual sign identifying the condominiums was damaged and is no longer there. I think there is some wiggle room with the negotiations but until I receive the breakdown not sure what that will be. June 7, 2011 — I sent an email to Mr. Inman requesting his counter offer. His counter offer was approximately $7,000 for landscaping and a sign and $10,000 for a Temporary Construction Easement. I will discuss this with Mr. Lawson in the morning for direction on this negotiation. I will continue to negotiate with Mr. Inman, who represents Holly Bend Condo Association even if the ordinance is passed to condemn unless an impasse is reached and agreeable terms can't be negotiated. -34 - Item V.13. a. ORDINANCES/RESOLUTIONS ITEM # 60956 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO 06/14/2011, BY CONSENT.- Ordinance ONSENT. Ordinance to AUTHORIZE acquisition of property for rights-of-way and permanent drainage easements, either by agreement or condemnation, for BEACH GARDEN PARK — KILBOURNE COURTIHOLLYROAD right-of-way improvements 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 24, 2011 N1A BFq ` s 1" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance to authorize acquisition of property in fee simple for rights-of-way for BEACH GARDEN PARK — KILBOURNE COURT / HOLLY ROAD IMPROVEMENTS (CIP 7-049) and the acquisition of temporary and permanent easements, either by agreement or condemnation. MEETING DATE: June 14, 2011 ■ Background: The Beach Garden Park — Kilbourne Court / Holly Road Improvements project (CIP 7-049) (the "Project") first appeared in the FY 2009-10 CIP. This Project is for drainage, roadway, and sidewalk improvements for Kilbourne Court and Holly Road. Severe tidal flooding in this area poses safety hazards for vehicles and pedestrians. The Project will replace culverts on Kilbourne Court with a prefabricated bridge. Holly Road will have an arch culvert. The Project includes removal and replacement of approximately 3,100 linear feet of pavement, and 450 linear feet of raised wooden walkway, and installation of new pavement, curb, gutter, and sidewalks. This item was deferred by Council from May 24, 2011. ■ Considerations: Beach Garden Park and the associated entrance road, Kilbourne Court, were built in early 1980's on the site of a sewage lagoon and landfill. The road and associated culverts are failing due to continuous settlement. In 2008, the park was completely renovated as part of the Virginia Beach Middle School project to provide students with access to outdoor sports facilities during reconstruction of that school, and to provide access from Ocean Walk and 30th Street. The park site area also includes a Public Utilities water tower that requires frequent safe access by staff and service vehicles for timely maintenance and management. In addition, one of the six sites that run the City-wide communications is located within the park site. The Department of Public Works is requesting that City Council grant the authority to acquire, by agreement or condemnation, all real property and temporary and/or permanent easements associated with the Project. Nine (9) parcels will be affected. The acquisition will be administered by the City of Virginia Beach, through the Public Works Office of Real Estate. The total project cost is estimated at $1,800,000: Funding for the Project was provided by a transfer of $900,000 from Witchduck Road — Phase I (CIP #2-931), with $450,000 from Virginia Beach Middle School Replacement (CIP #1-234) and $450,000 from a Water Utility project (CIP #5-011). ■ Public Information: Advertisement of Public Hearing on issue of condemnation published in The Virginian -Pilot, Beacon. Advertisement of City Council Agenda, including this item. Letters sent to the affected property owners where rights- of-way and/or easements are required for Beach Garden Park — Kilbourne Court & Holly road Improvements. ■ Alternatives: Approve the ordinance as presented, deny the request, or add conditions as desired by Council. ■ Recommendations: Approval. ■ Attachments: Ordinance and Location Map Recommended Action: Submitting Department/Agency: Public Works City Manager: l� �- 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF RIGHTS-OF-WAY, 3 PERMANENT DRAINAGE EASEMENTS AND 4 TEMPORARY EASEMENTS, EITHER BY 5 AGREEMENT OR CONDEMNATION FOR 6 BEACH GARDEN PARK— KILBOURNE COURT 7 / HOLLY ROAD RIGHT-OF-WAY s IMPROVEMENTS, CIP 7-049 9 10 11 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 12 public necessity exists for the construction of this important storm water and road 13 improvements project to improve drainage and motor vehicle and pedestrian transportation 14 within the City and for other related public purposes for the preservation of the safety, 15 health, peace, good order, comfort, convenience, and for the welfare of the people in the 16 City of Virginia Beach. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 Section 1. That the City Council authorizes the acquisition by purchase or 22 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.1-91, et seq., and Title 23 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 24 simple, including permanent drainage easements and temporary construction easements 25 (collectively, the "Property"), as shown on the plans entitled "BEACH GARDEN PARK — 26 KILBOURNE COURT / HOLLY ROAD IMPROVEMENTS CIP 7-049" (the "Project") and 27 more specifically described on the acquisition plats for the Project (plats and plans 28 collectively referred to as the "Plans"), the Plans being on file in the Engineering Division, 29 Department of Public Works, City of Virginia Beach, Virginia. 30 31 Section 2. That the City Manager is hereby authorized to make or cause to be 32 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 33 reasonable offer to the owners or persons having an interest in said Property. If refused, 34 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 37 ,2010. CA 11648 9/29/10 R-1 \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d028\p009\00073138.doc APPROVED AS TO CONTENT: blic Works/Real Estate APPROVED AS TO LEGAL SUFFICIENCY lzg:�kl City Att rney's Office W 0 x f - (Vo IPZ4 -o Q a --_ - -- f--` \ - --- Z D V Q a Y --- --- - - o o �- Q a! OO QOM C'Q Q R .� 0 o���a 0 o Q J Y � LL 01 0 z u a c M IN 1� 0 f - u a c M IN 1� u 6: V4 �S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of the City right-of-way known as Croatan Road and Virginia Dare Drive, for property owner Timothy D. Moody MEETING DATE: June 14, 2011 ■ Background: Timothy D. Moody has requested permission to maintain an existing fountain and to construct and maintain an irrigation line, sliding gate, 1" conduit for low voltage lighting, 1" gate valve, 1" PVC irrigation water line, 4" X 4" gate key pad, and low voltage landscape lighting in a portion of the right-of-way known as Croatan Road and Virginia Dare Drive, Virginia Beach, Virginia. Additionally, on June 27, 2006, City Council granted an encroachment at this location to construct and maintain landscaping and an open wrought iron fence 36" in height placed on a 24" in height brick base (said fence and brick base totaling 60" in height) and brick columns 72" in height and placed 25' apart, in the City rights-of-way known as Croatan Road and Virginia Dare Drive. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, provided nothing in the encroachment limits access to water and gravity sanitary sewer lines. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate 0 PAD City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 RIGHT-OF-WAY KNOWN AS 7 CROATAN ROAD AND VIRGINIA 8 DARE DRIVE, FOR PROPERTY 9 OWNER TIMOTHY D. MOODY 10 11 WHEREAS, Timothy D. Moody desires to maintain an existing fountain and to 12 construct and maintain an irrigation line, sliding gate, 1" conduit for low voltage lighting, 13 1" gate valve, 1" PVC irrigation water line, 4" X 4" gate key pad, and low voltage 14 landscape lighting within the City's right-of-way known as Croatan Road and Virginia 15 Dare Drive, in the City of 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 right-of-way 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, Timothy D. Moody, his heirs, 25 assigns and successors in title are authorized to maintain an existing temporary 26 encroachment for a fountain and to construct and maintain an irrigation line, sliding 27 gate, 1" conduit for low voltage lighting, 1" gate valve, 1" PVC irrigation water line, 4" X 28 4" gate key pad, and low voltage landscape lighting within the City's right-of-way as 29 shown on the map marked Exhibit "A" and entitled: "ENCROACHMENT INTO 30 CROATAN ROAD & VIRGINIA DARE DRIVE, LOT 16 & PARCEL A 573 VIRGINIA 31 DARE DRIVE GPIN: 2426-29-7201 & 2426-29-5231 CROATAN BEACH (M.B.37, 32 PG.11) VIRGINIA BEACH, VIRGINIA Date: 10/13/09 Revised: 09/09/10 Scale: 1" _ 33 50'," a copy of which is on file in the Department of Public Works and to which reference 34 is made for a more particular description; and 35 36 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 37 subject to those terms, conditions and criteria contained in the Agreement between the 38 City of Virginia Beach and Timothy D. Moody (the "Agreement"), which is attached 39 hereto and incorporated by reference; and 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 42 is hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 45 time as Timothy D. Moody and the City Manager or his authorized designee executes 46 the Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 49 of .2011. CA -11651 R-1 PREPARED: 5/24/11 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 1 A RMEYER, ASSfSTANT 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 19th day of May, 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and TIMOTHY D. MOODY, HIS 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 16" and "PARCEL A", as shown on that certain plat entitled: "RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO, VA SCALE 1" = 100' JUNE, 1954, prepared by C. A. BAMFORTH, C L S.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 37, at page 11, and being further designated, known, and described as 573 Virginia Dare Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing fountain and to construct and maintain an irrigation line, sliding gate, 1" conduit for low voltage lighting, 1" gate valve, 1" PVC irrigation water line, 4" X 4" gate key pad, and low voltage landscape lighting, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (CITY RIGHT-OF-WAY — NO GPIN REQUIRED OR ASSIGNED) 2426-29-7201-0000; (573 Virginia Dare Drive, Lot 16) & 2426-29-5231-0000; (573 Virginia Dare Drive, PARCEL A) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Croatan Road and Virginia Dare Drive, 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: "ENCROACHMENT INTO CROATAN ROAD & VIRGINIA DARE DRIVE, LOT 16 & PARCEL A 573 VIRGINIA DARE DRIVE GPIN: 2426-29-7201 & 2426-29-5231 CROATAN BEACH (M.B.37, PGA 1) VIRGINIA BEACH, VIRGINIA Date: 10/13/09 Revised: 09/09/10 Scale: 1" = 50'," 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. 2 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 agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 3 It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that nothing shall limit or deny in any manner the City's access to water and sanitary sewer lines. 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 L! 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, Timothy D. Moody, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 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/She 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: I Notary Public (SEAL) oftuft By Timothy D. Moody, Owner STATE OF V �� CITYfC-A�N-T'><-OF I The foregoing instrument was acknowledged before me this `day of _, 2011, by Timothy D. Moody THO u �p�1 N0 _ :OIEGISIRA ': 31656 5E5 :. r WI2014 EXP►R Op VIRG���G\.� RY PV x,7(1 �2, -L sj,jSEAQ Notary Public Notary Registration Number: 3l My Commission Expires: I I APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM MEYER, ASSISTANT CITY ATTORNEY W.00 0 EXISTING --, BULKHEAD _ _:_-"J Vc, r0 Q ' 1'., 73 r 4'k4' GAT E KEY PAD tG_ -LTH ©p r. U 0 � �Z4 WILLM R. PRfTWRO Lie, No. 2266 09110120'10 D suR"e 041 d Sirveyors wplsite.cem Engineers sccle: drewing title: ENCROACHMENT INTO Muslong Trail, Suite S 1'■ 50' I CROATAN ROAD & VIRGINIA DARE DRIVE inia Beoch, VA 23452 DITCH AS SCALED N 36'.1- 6' _ FROM RECORDED PIAT E, SRU. -29-5231 PROPOSED T' A! CONWT FOR LOW arc, ATI , VOLTAGGE UGFITING " CTYP} PROPOSED LOW YOLTACiE LANDSCAPE LIGHTING ON STREET SIDE (CROATAN C'\ ROAD) & (VFIWA DARE DRIVE) OF €ACH COLUMN (TYPICAL) y is EX FLOATING DOCK EARN -3; TOE OF SLOPE .� EXISTING Elf 9DAT UFT L ' EDGE OF WATER - I� (PER FOLD) LFOGATIDN WAT€A � ' MEAN LOW WATER PFR RFCORDED PLAT 4a^ •`'� EX GAZE90 1 EX PIER Eli �- � TOF RETAINING wAlt 6 0.05' 'INSIDE OF F LOT -16 tl4 -t 2426-29_7201 LCA,r —17 7,67- `� PROPOSED T r 1 FOR i,2. 4 �^ to f LOW VOLTAGE PROPOSED i 2. DRAY SLIDING GATE # �N _ Ex_ -m-.- X99 '- -- h °Si DATRL---- �;4 ' , ROINIA DARE DRI VE �F leuERt k S£CO FAN ROAD) (�550' R/W) (h(6 JZ Pc. ; ;) dote: 10/ 13/09 revised: 09/09/10 210-0269 pro j. no. file; 210-0269.dwg tech: WJW project; LOT 16 8 PARCEL A 573 V193MA DARE DRIVE GPN, 2426-29-7201 d 2428-29-6231 CROATAN BEACH (M.$.37, PG. 11) VF OINIA BEACH, VIRGINIA i Timothy D. Moody 573 Va Dare road 114W -,L i - VA DARE ROAD --- Scope of work: Install 47 if of 5' high black ELITE commercial grade ornamental gates with arched design. Instal} 120' gate at croatan road side of property and 127' gate at the va Dare side of property with 2 slide gate operators. All post secured in concrete. 1. Gates: Black 5' high with arched top 2. Post: 4' square with flat top caps set in concrete. 3. Operators: I per gate 4. Photobeams: 1 per gate 5. Entry key pad: 1 with concrete pedestal pad 6. Gate entry transmitters: 6 each 7. Fire Box: 1 city accessible key box 8. Concrete pads: 2 each for gate operators 9. Include all incidental materials for complete installation OPTION Install automatic entry loops in concrete driveway. r g f 4 r fir . j� J - A - 1 OFwk a ir M.M. F, Ar ;d i■ s.. r 1rhai4szriffill�� SUR CD 04 ti C4 CO C4 CD C4 LO (CD4 QC4 C4 'a ?.% a u•e��y ,to ssy CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Harbor Canal located at the rear of 2313 Leeward Shore Drive, for property owners Denzil Poore and Susan Poore MEETING DATE: June 14, 2011 ■ Background: Denzil Poore and Susan Poore have requested permission to maintain an existing bulkhead, boatlift and wood deck and to construct and maintain a floating dock, into City property known as Harbor Canal located at the rear of 2313 Leeward Shore Drive. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Harbor Canal - and in other canals of Bay Island - which is where Mr. and Mrs. Poore have requested to encroach. In accordance with the recommendations of the City Council to help address water quality protection in conjunction with temporary encroachments onto City property, the requested encroachment has been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the full 15 -foot -wide vegetated riparian buffer area cannot be established on the property. Therefore, the applicant shall make a FIVE HUNDRED SEVENTY EIGHT DOLLAR ($578.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the riparian buffer area that cannot be established on the applicant's property. This payment will be used to restore buffer areas on other City -owned property. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate City Manager: S � 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 HARBOR 7 CANAL LOCATED AT THE REAR OF 8 2313 LEEWARD SHORE DRIVE, FOR 9 PROPERTY OWNERS DENZIL 10 POORE AND SUSAN POORE 11 12 WHEREAS, Denzil Poore and Susan Poore desire to maintain an existing 13 bulkhead, boatlift and wood deck and to construct and maintain a floating dock, into City 14 property know as Harbor Canal located at the rear of 2313 Leeward Shore Drive, in the 15 City of 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, Denzil Poore and Susan 25 Poore, their heirs, assigns and successors in title are authorized to construct and 26 maintain temporary encroachments for an existing bulkhead, boatlift and wood deck and 27 to construct and maintain a floating dock into City property as shown on the map 28 marked Exhibit "A" and entitled: "EXHIBIT A ENCROACHMENT OF PROPOSED 29 FLOATING DOCK, EX. WOOD DECK, EX. BULKHEAD & EX. BOATLIFT FOR DENZIL 30 & SUSAN POORE LOT 217, SECTION TWO, BAY ISLAND SCALE: 1" = 30' SHEET: 1 31 DATE: 01-24-2011," a copy of which is on file in the Department of Public Works and to 32 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 Denzil Poore and Susan Poore (the "Agreement"), which is 37 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 Denzil Poore and Susan Poore 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 day 47 of , 2011. CA -11684 R-1 PREPARED: 5/19/11 APPROVED AS TO CONTENTS Pu� LIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM A YER, T 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 18th day of May, 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DENZIL POORE and SUSAN POORE, 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 217", as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT Scale: 1" = 100' October, 1958, prepared by FRANK D. TARRALL, JR. & ASSOCIATES SURVEYORS & ENGINEERS NORFOLK, VA. — VIRGINIA BEACH, VA. — PRINCESS ANNE COURTHOUSE, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15A, and being further designated, known, and described as 2313 Leeward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing bulkhead, boatlift and wood deck and to construct and maintain a floating dock, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (NO GPIN REQUIRED OR ASSIGNED TO CITY PROPERTY KNOWN AS HARBOR CANAL) 2409-09-8991-0000; (2313 Leeward Shore Drive) 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 Harbor Canal, 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 ENCROACHMENT OF PROPOSED FLOATING DOCK, EX. WOOD DECK, EX. BULKHEAD & EX. BOATLIFT FOR DENZIL & SUSAN POORE LOT 217, SECTION TWO, BAY ISLAND SCALE: 1" = 30' SHEET: 1 DATE: 01-24-2011," 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. 0) 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 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 FIVE HUNDRED SEVENTY EIGHT DOLLAR ($578.00) 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; 3 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 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 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 2 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, Denzil Poore and Susan Poore, the said Grantees, have 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 (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 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/She 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: _ I Notary Public (SEAL) Ao- Byoss I Susan Poore, Owner STATE OF i CITY/E'6tffdF'tOF 6figCriArj, d/to-wit: The foregoing instrument was acknowledged before me this day of 2011, by Denzil Poore Notary Registration Number: My Commission Expires: / L STATE OF / CITY/COY OF i , to -wit: The foregoing instrument was acknowledged before me this day of A9 -, 2011, by Susan Poore. Notary Registration Number: My Commission Expires: 0- 7 APPROVED AS TO CONTENTS QVIV4- C S16NATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ARMEYER, ASST ANT CITY ATTORNEY ilwklj POOL EXISTING BUFFER .\ TURF L*I HARBOR CANAL C'OF 2 STY. 6R. & FR, #2313 '1 W DRIVE i' # • r J � 8 CD In r I z y APO 1 N/F JACK LANE JR. APO 2 2309 LEEWARD SHORE DR. DENZIL & SUSAN POORE , j N/F LISA MACKEY GPIN: 2409 19 0833 LOT 217 j 2317 LEEWARD SHORE DR, GPIN I!: 2409-09991 ; GPIN: 2409 09 7975 LOT 218 INSTRUMENTLOT 216 /:2007042700570740 J M.B. 48 PG. 16 PIU (F) PIN (F) R-478. 25' A-111. a5' LEEWARD SHORE DRIVE 0 M. 1" - 30' 60' APPLICATION BY: EXHIBIT A ENCROACHMENT OF PROPOSED DELL SUSAN OFLOATING DOCK, EX. WOOD DECK, 2313 LEEWARD WARD SHHOREE DRIVE EX. BULKHEAD b EX. BOATLIFT VIRGINIA BEACH, VA 23451 FOR SHEET: 1 GPIN V: 2409-09-9991 DENZIL & SUSAN POORE LOT 217. SECTION TWO, BAY ISLAND DATE: 01-24-2011 APO MIN TM A MACH `CBB m °0O.- PROPOSED FLOATING DOCK u3: 257. OF WATERWAY Q 5t n o EX. BULKHEAD, EX. BOATLIFT ~` b EX. WOOD DECK. MLW AND WHW REACH EX. BULKHEAD, — EX. BULKHM P� BOATUFT S BT 27'S9 E f to 50.74' o, -EX. \ TURF /` TURF DECK EXISTING BUFFER // i,, " EXISTING BUFFER ilwklj POOL EXISTING BUFFER .\ TURF L*I HARBOR CANAL C'OF 2 STY. 6R. & FR, #2313 '1 W DRIVE i' # • r J � 8 CD In r I z y APO 1 N/F JACK LANE JR. APO 2 2309 LEEWARD SHORE DR. DENZIL & SUSAN POORE , j N/F LISA MACKEY GPIN: 2409 19 0833 LOT 217 j 2317 LEEWARD SHORE DR, GPIN I!: 2409-09991 ; GPIN: 2409 09 7975 LOT 218 INSTRUMENTLOT 216 /:2007042700570740 J M.B. 48 PG. 16 PIU (F) PIN (F) R-478. 25' A-111. a5' LEEWARD SHORE DRIVE 0 M. 1" - 30' 60' APPLICATION BY: EXHIBIT A ENCROACHMENT OF PROPOSED DELL SUSAN OFLOATING DOCK, EX. WOOD DECK, 2313 LEEWARD WARD SHHOREE DRIVE EX. BULKHEAD b EX. BOATLIFT VIRGINIA BEACH, VA 23451 FOR SHEET: 1 GPIN V: 2409-09-9991 DENZIL & SUSAN POORE LOT 217. SECTION TWO, BAY ISLAND DATE: 01-24-2011 fo I c w All I w z 3 0 1W a ,o LUW J 3 LJ I LL lk1 x O O v~i a.UJ r .L `LOO a. a a) N QW� ion Oo0 Z Z � O ca O i O o Q 2 0N O 3 vva oa_ �z 0- �0. �a = 0 M Z r 0 N o W � O LL lk1 x CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize existing Temporary Encroachments into a portion of the City right-of-way known as 50t Street, for property owner E. L. Creech, III MEETING DATE: June 14, 2011 ■ Background: E. L. Creech, III has requested permission to maintain one (1) existing wood fence, ten (10) existing shrubs and one (1) existing timber planting bed within a portion of the City's right-of-way known as 50th Street, located in front of 103 50th Street. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended denial based on the following reason: • The requested encroachments reduce the area available for public parking on the North side of the City's right-of-way located at 50th Street. Public Works has consistently applied the City Policy of maximizing on -street parking areas in the right-of-way in the 100 and 200 blocks from 41St Street to 89th Street. Additionally, on March 22, 2011, City Council heard an appeal related to this same portion of City right-of-way brought by a neighbor. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Deny the request. ■ Attachments: Ordinance, Agreement, Exhibit, Pictures and Location Map Recommended Action: Denial of the ordinance. Submitting Department/Agency: Public Works/Real Estate 0/ PAD City Manager: % vzj 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 EXISTING TEMPORARY 5 ENCROACHMENTS INTO A PORTION 6 OF THE CITY RIGHT-OF-WAY 7 KNOWN AS 50TH STREET, FOR 8 PROPERTY OWNER E. L. CREECH, III 9 10 WHEREAS, E. L. CREECH, III desires to maintain an existing wood fence, ten 11 (10) shrubs and a timber planting bed, all within a portion of the City's right-of-way 12 known as 50th Street, located adjacent to his property at 103 50th Street, in the City of 13 Virginia Beach, Virginia; and 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 16 Code of Virginia, 1950, as amended, to authorize existing temporary encroachments 17 upon the City's right-of-way subject to such terms and conditions as Council may 18 prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, E. L. CREECH, III, his heirs, 24 assigns and successors in title are authorized to maintain the existing temporary 25 encroachments for a wood fence, ten (10) shrubs and a timber planting bed within a 26 portion of the City's right-of-way as shown on the map marked Exhibit "A" and entitled: 27 "EXHIBIT A ENCROACHMENT PLAT SHOWING LANDSCAPE FEATURE LOCATED 28 IN 50th STREET NORTH HOLLIES M. B. 42 P. 16 VIRGINIA BEACH, VIRGINIA 29 SCALE: 1" = 10' FEBRUARY 11, 2011," a copy of which is on file in the Department of 30 Public Works and to which reference is made for a more particular description; and 31 32 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 33 subject to those terms, conditions and criteria contained in the Agreement between the 34 City of Virginia Beach and E. L. CREECH, III (the "Agreement"), which is attached 35 hereto and incorporated by reference; and 36 37 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 38 is hereby authorized to execute the Agreement; and 39 40 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 41 time as E. L. CREECH, III and the City Manager or his authorized designee executes 42 the Agreement. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 45 Of , 2011. CA -11692 R-1 PREPARED: 5/24/11 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM RMEYER, 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 21 st day of March, 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and E. L. CREECH, III, HIS 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 12", in Block A, as shown on that certain plat entitled: "SUBDIVISION OF "NORTH HOLLIES" PRINCESS ANNE COUNTY, VA. LYNNHAVEN MAGISTERIAL DISTRICT SCALE: 1" = 100' SEPTEMBER, 1956, prepared by FRANK D. TARRALL JR. & ASSOCIATES SURVEYORS & ENGINEERS NORFOLK, VA. — VIRGINIA BEACH, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 42, at page 16, and being further designated, known, and described as 103 50th Street, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain one (1) existing wood fence, ten (10) existing shrubs and one (1) existing timber planting bed, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in maintaining the existing Temporary Encroachments, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as 50th Street, the "Encroachment Area"; and GPIN: (CITY RIGHT-OF-WAY — NO GPIN REQUIRED OR ASSIGNED) 2418-88-8918-0000; (103 50th Street) 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 ENCROACHMENT PLAT SHOWING LANDSCAPE FEATURE LOCATED IN 50th STREET NORTH HOLLIES M. B. 42 P. 16 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 10' FEBRUARY 11, 2011," 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 2 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 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 3 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 setbacks 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 Grantee; and if such removal shall not be made within the time ordered hereinabove by L� 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, E. L. Creech, III, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 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: I Notary Public (SEAL) By ZZ& - E. L. Creech, III, Owner STATE OF raCn 0 F9 ' .a 13-1 ac A , to -wit: The foregoing instrument was acknowledged before me this , day of 11jajzh .,, , 2011, by E. L. Creech, I I I . Notary Registration Number: My Commission Expires: l.3i l _9' ,,r APPROVED AS TO CONTENTS 7 Notary P APPROVED AS TO LEGAL SUFFICIENCY AND FORM XV ASSISTANT CITY ATTORNEY EXISTING WOOD FENCE J J Q O DRIVEWAY APRON L Li o CD EXISTING SHRUB z (TYPICAL) X ' W EDGE OF PAVEMENT "an 0i N 50th STREET (69.5' R/W) EDGE OF PAVEMENT M.B. 42 P. 16 LTA pp r L BRUCE, LUP &A� No. ' 1484 � SURF; G: \94-324sp.dwg (',,\q4-'i74cnd— 7,)21?n1.1.. A•26c14.. AM 1_.in., TC ENCROACHMENT PLAT SHOWING LANDSCAPE FEATURE LOCATED IN 50th STREET NORTH HOLLIES M.B. 42 P. 16 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 10' FEBRUARY 11, 2011 F.B. 467 P. 78 F.B. 325 P. 18,19 ANOHR INVESTMENTS, LTD. 5001 - 5003 Oceanfront Ave. D.B. 2023 P. 746 Lot Condominium �— GPIN: 2418-88-7970 M.B. 191 P. 70 --� ( Lot 13 - #105 50th St.) 12 GPIN: 2418-88-8993 LL 3 ( Lot 11) Lot Cl E. L. CREECH, III o Lot 13 D.B. 3418 P. 23 60.00' TO n 11 :n 00OCEANFRONT GPIN: 2418-88-8918 ( Lot 12 - #103 50th St.) AVE. °J C) z �R R/W 60.00' S 81103'00" W EXISTING WOOD FENCE J J Q O DRIVEWAY APRON L Li o CD EXISTING SHRUB z (TYPICAL) X ' W EDGE OF PAVEMENT "an 0i N 50th STREET (69.5' R/W) EDGE OF PAVEMENT M.B. 42 P. 16 LTA pp r L BRUCE, LUP &A� No. ' 1484 � SURF; G: \94-324sp.dwg (',,\q4-'i74cnd— 7,)21?n1.1.. A•26c14.. AM 1_.in., TC ENCROACHMENT PLAT SHOWING LANDSCAPE FEATURE LOCATED IN 50th STREET NORTH HOLLIES M.B. 42 P. 16 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 10' FEBRUARY 11, 2011 F.B. 467 P. 78 F.B. 325 P. 18,19 \�~ � M . ~ ,w } ¥. - � . , . G 303 8 m ~ ~' kOD OD�` §\\ EL Lu \ I . � . im � i 0 ' %,4'q a d� h F1 � s ar CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of the City right-of-way known as 7th Street, located at 615 Atlantic Avenue, for ROTB, L.C. MEETING DATE: June 14, 2011 ■ Background: ROTB, L.C., a Virginia limited liability company has requested permission to erect and maintain overhead light strings within the City's right-of-way known as 7th Street, located at 615 Atlantic Avenue, Virginia Beach, Virginia. The overhead light strings will be erected at the eastern portion of 7th Street, 14' above the ground and will stretch approximately 52' 6" across the entire width of the City right-of-way. Placement of signs on the same strings will not be permitted. The Resort Advisory Commission (RAC) Planning Design Review Committee (PDRC) discussed this encroachment at its meeting on May 31, 2011. A motion was made to recommend allowing this encroachment for the 2011 season with removal by November 1, but this motion died for lack of a second. No other recommendations were made by the PDRC. This state of facts was reported to the full RAC on June 2, 2011. No further action was recommended by the PDRC or the RAC. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. Alternatively, Council could seek further guidance from the RAC, which meets again in early July. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agecy: Public Works/Real Estate QPM 1N City ManageK��" - U 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 RIGHT-OF-WAY KNOWN AS 7T" 7 STREET, LOCATED AT 615 ATLANTIC 8 AVENUE, FOR ROTB, L.C. 9 10 WHEREAS, ROTB, L.C., a Virginia limited liability company, desires to erect and 11 maintain overhead light strings, 14" high and approximately 52' 6" across within the 12 City's right-of-way known as 7th Street and Atlantic Avenue, located at 615 Atlantic 13 Avenue, in the City of Virginia Beach, Virginia; and 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 17 City's right-of-way subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, ROTB, L.C., its assigns and 23 successors in title are authorized to erect and maintain temporary encroachments for 24 overhead light strings, within the City's right-of-way as shown on the map marked 25 Exhibit "A" and entitled: "`Exhibit A' Encroachment Request for ROTB, L.C. Proposed 26 Lights - 7th Street Corridor SCALE: 1" = 20'," a copy of which is on file in the Department 27 of Public Works and to which reference is made for a more particular description; and 28 29 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 30 subject to those terms, conditions and criteria contained in the Agreement between the 31 City of Virginia Beach and ROTB, L.C. (the "Agreement"), which is attached hereto and 32 incorporated by reference; and 33 34 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 35 is hereby authorized to execute the Agreement; and 36 37 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 38 time as ROTB, L.C. and the City Manager or his authorized designee executes the 39 Agreement. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 42 of .2011. CA -11704 R-1 PREPARED: 5/13/11 APPROVED AS TO CONTENTS • O�'av�1 Sa LIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM 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 17th day of May , 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ROTB, L.C., a Virginia limited liability company, 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 "SECTION 2", as shown on that certain plat entitled: "PLAT OF THE OCEAN LOT INVESTMENT CO. VIRGINIA BEACH, VA. SCALE 1" = 100' JULY 1, 1922, prepared by S. M. Simpson L. E.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 6, at page 263, and being further designated, known, and described as 615 Atlantic Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to erect and maintain overhead light strings, 14' high and approximately 52'6" across, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as 7th Street, the "Encroachment Area"; and GPIN: (CITY RIGHT-OF-WAY — NO GPIN REQUIRED OR ASSIGNED) 2427-23-9658-0000; (615 Atlantic Avenue) �Z 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' Encroachment Request for ROTB, L.C. Proposed Lights - 7cn Street Corridor, SCALE: 1" = 20'," said exhibit plat consists of nine (9) 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 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 agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that 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 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 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 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 Grantee; and if such removal shall not be made within the time ordered hereinabove by otly 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 ROTB, L.C., a Virginia limited liability company, has caused this Agreement to be executed on its behalf by, Robert M. Howard, Chief Investment Officer ("CIO"), Professional Hospitality Resources, Inc., Member of ROTB, L.C. 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) 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/She 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: Notary Public 6 -� (SEAL) ROTB, L.C., a Virginia limited liability company i By (SEAL) Ro'bsTPM. Howard, CIO Professional Hospitality Resources, Inc., Member of ROTB, L.C. STATE OF N CITY/GG44 d -Y OF &wto-wit: The foregoing instrument was acknowledged before me this 1� day of l� 2011, by Robert M. Howard, CIO of Professional Hospitality Resources, Inc., Member of ROTB, L.C. 6 > Ce/i'i (SEAL) Notary Public (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 7 ``,++111111111/// Notary Registration Number: c�7�� ��`��•'' NO7ARy � PUBLIC * REG. #237343 My Commission Expires: c MyC044MISSION EXPIRES 0,�FACTH (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 7 APPROVED AS TO CONTENTS SItNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM A R. ER, ASSIST NT CITY ATTORNEY 7 0, � Y . U L a Q i tl Ni J �; 4 • O 0 U 4-J L O � L Q N N jE X 4-J C bO E U N m p O Q U LO W 7 0, l� �," a Q i tl Ni �; 4 Y v Oro (D ,M f7 x V) (D 0) O O 0- m U) m (D O� M m x i► ' r 1 3!i Lw 4 oil_,r►do 1 V/ .rliqSM uptid 150"ffwAk o 62b �p pp!; do I= now"! 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BF�C o $ a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to the FY 2010-11 and the FY 2011- 12 Operating Budget of the Clerk of the Circuit Court to Provide Additional Funding for the Electronic Recording System Maintenance Contract MEETING DATE: June 14, 2011 ■ Background: In the past, the Clerk of the Circuit Court collected revenue from copying charges and used it to reimburse copying expenses with excess revenues remitted to the State. In July 2007, the General Assembly increased the reach of copying charges and reimbursable expenses by including electronic records. This change allows copying charges to be used to pay the maintenance contract of the Clerk's electronic recording system, which includes the Land Record System, and the Case Management System. ■ Considerations: The Clerk estimates that $75,000 is available in FY 2010-11 and another $75,000 in FY 2011-12, which can be used for the maintenance contract of the Clerk's electronic recording system. This will partially replace the drastic cuts made in the State's Technology Trust Fund, which reimburses costs associated with technology system maintenance costs of various Circuit Court Clerks' Offices throughout the State. Approval of the ordinance will provide additional funding, which will partially offset the State budget cuts in technology system maintenance. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Recommendations: Appropriate $75,000 to the Clerk of the Circuit Court's Operating Budget for both FY 2010-11 and FY 2011-12. Recommended Action: Submitting Department/Agency: Clerk of the Circuit Court City Manager: S r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO APPROPRIATE FUNDS TO THE FY 2010-11 AND FY 2011-12 OPERATING BUDGET OF THE CLERK OF THE CIRCUIT COURT TO PROVIDE ADDITIONAL FUNDING FOR THE ELECTRONIC RECORDING SYSTEM MAINTENANCE CONTRACT NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $75,000 of revenue from copying charges is appropriated, with estimated revenue increased accordingly, to the FY 2010-11 Operating Budget of the Clerk of the Circuit Court for the maintenance of the electronic recording system; and 2. $75,000 of revenue from copying charges is appropriated, with estimated revenue increased accordingly, to the FY 2011-12 Operating Budget of the Clerk of the Circuit Court for the maintenance of the electronic recording system, effective July 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Management Services CA11895 R-1 May 31, 2011 APPROVED AS TO LEGAL SUFFICIENCY: C. e �HtA a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the 2010 State Homeland Security Grant Program to the Police Department for Equipment to Prevent and Respond to Potential Acts of Terrorism MEETING DATE: June 14, 2011 ■ Background: The Department of Criminal Justice Services has awarded the Virginia Beach Police Department grant funds passed through from the U.S. Department of Homeland Security through the 2010 State Homeland Security Grant Program. This grant will be active from January 1, 2011 through September 30, 2012. The grant provides $152,000 of federal funding and has no match requirement. The purpose of this funding is to maintain, repair, replace or upgrade purchases made with previous federal preparedness funds. The funding will be used to purchase equipment to replace outdated or obsolete items. Since these items were funded with grants, they were not on a replacement schedule, and would not be funded through the normal budget process. This equipment will assist the Police Department to prevent and respond to potential acts of terrorism. Examples of items to be replaced include a laptop for Special Investigations, portable sonar, electrical and other upgrades to a Special Operations vehicle, and security system replacement for the First Precinct. ■ Considerations: The City is not required to provide a match for this grant. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendations: It is recommended that Council accept and appropriate the grant award of $152,000. ■ Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Police Department City Manager. S k— 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE 2010 STATE HOMELAND SECURITY GRANT 3 PROGRAM TO THE POLICE DEPARTMENT FOR 4 EQUIPMENT TO PREVENT AND RESPOND TO POTENTIAL 5 ACTS OF TERRORISM 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 That $152,000 is hereby accepted from the U.S. Department of Homeland Security 9 through the Department of Criminal Justice Services and appropriated, with estimated 10 federal revenue increased accordingly, to the FY 2010-11 Operating Budget of the Police 11 Department for the purchase of equipment to prevent and respond to potential acts of 12 terrorism. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT �1 Management Services CA11896 R-1 June 1, 2011 APPROVED AS TO LEGAL SUFFICIENCY: Ci# r Y's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds from CIP #3-118, Fire Training Center Improvements, to CIP #3-133, Fire Training Center Improvements — Phase III MEETING DATE: June 14, 2011 ■ Background: The City established CIP #3-118, Fire Training Center Improvements in the FY 1999-00 CIP to continue the expansion and improvements at the Fire Training Center. This phase of the project is complete. The Finance Department has requested that this project be closed in the City's financial system; however, it contains unspent funds supported by State Fire Programs grants that require expenditure. ■ Considerations: To permit consolidation of funding for infrastructure improvements at the Fire Training Center, the Fire Department is requesting that the remaining unspent State Fire Programs funds in CIP #3-118, Fire Training Center Improvements, totaling $126,230 be transferred to CIP 3-133, Fire Training Center Improvements, Phase III, which is the new phase of the project established in FY 2008- 09. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Recommendations: Approval of attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agek ncy: Fire Department City Manager. S �6 � 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO TRANSFER FUNDS FROM CIP #3- 118, FIRE TRAINING CENTER IMPROVEMENTS, TO CIP #3-133, FIRE TRAINING CENTER IMPROVEMENTS, PHASE III BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: $126,230 is hereby transferred from CIP # 3-118, Fire Training Center Improvements, to CIP #3-133, Fire Training Center Improvements, Phase III, to consolidate funding for future expansion and improvements planned for the Fire Training Center. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2011. APPROVED AS TO CONTENT: APPOROVED AS TO LEGAL SUFFICIENCY: Management Services r �r 's Office CA11882 R-1 May 19, 2011 tiny, o CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds for the Leroy Drive Records Storage Facility Shelving Project MEETING DATE: June 14, 2011 ■ Background: On January 31, 2011, the City Manager approved a transfer of $98,889 within the Operating Budget of Public Libraries for the purpose of renovating one of the two buildings at the City's Leroy Drive Records Storage Facility. This transfer was reported to City Council on March 11, 2011. The remaining scope of work exceeds the initial estimate, so Council approval is required for the transfer of an additional $13,000. Renovations are underway at the two-story 7,500 square foot building. These renovations include additional shelving, a restroom, lighting and sprinkler system extension, new access door on the south side of the building and a new concrete driveway/loading area. The other storage I square foot building and has no room for ex the basement of the Court Support Building has no room for expansion. uilding on Leroy Drive is a one-story 4,200 )ansion. A third storage facility is located in and contains 2,824 square feet; however, it The records center facilities reached capacity 4 years ago. Shortage of shelving space at the records center necessitated contracting with an off-site storage facility (Iron Mountain) in order to maintain service delivery to our customers for the timely transfer and storage of boxes. At the end of FY 2010, the program had 7,343 boxes (or 8,811 cubic feet (c.f.)) stored off-site at an Iron Mountain storage facility. For the past five years, a net average of 501 boxes (or 601 c.f.) have been added annually (new boxes less purged boxes) to storage. This project adds a second level of storage in the existing facility and will provide space for an additional 4,230 boxes, which should meet storage needs for 8.4 years based on the annual net average. Additionally, the increased shelving should reduce use of off-site, commercial facilities. ■ Considerations: Preliminary cost estimates for the entire renovation project were $98,889. Proposals for the remaining scope of work exceeded the initial cost estimates by $13,000 bringing the total project cost to $111,889. Since the total transfer now exceeds $100,000, City Council approval is required. Available funding to complete this project has been identified within FY 2010-11 Operating Budget of Public Libraries (Records Management Budget Unit). ■ Public Information: Public information will be handled through the normal City Council agenda process. ■ Alternatives: The entire scope of work is essential to the legal and effective use of the records storage facility, however, if funding is not available, the following alternatives could be considered: 1. Cancel the existing requisition for the remaining work (restroom, lighting and sprinkler system extension, new access door on south side and new concrete driveway/loading area) and re -prioritize the remaining work. However, it may cost more in the long run to divide the job up into individual components. 2. Eliminate the installation of the new door and driveway/loading area. However, the new shelving and extension of the mezzanine were installed with an access panel in the guard rail on the second floor intended to be used by staff in case of emergency. A new warehouse ladder that reaches the second floor was included with the shelving for this purpose. In the case of an emergency event, staff could utilize the new door to exit the building versus having to go through the building to the existing door. Not having the access door will eliminate this emergency exit option. ■ Recommendations: The Public Library Department recommends that City Council approve the ordinance to transfer appropriations in the amount of $13,000. ■ Attachments: Ordinance. Recommended Action: Approval Submitting Department/Agency: Department of Public Libraries City Manager: S� , 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO TRANSFER FUNDS FOR THE LEROY DRIVE RECORDS STORAGE FACILITY SHELVING PROJECT NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the $13,000 in available appropriations are hereby transferred within the Library Operating Budget in order to complete the Leroy Drive Records Storage Facility Shelving Project. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2011. APPROVED AS TO CONTENT Management Services CA 11886 R-1 May 23, 2011 APPROVED AS TO LEGAL SUFFICIENCY: . l � Cid s O ice L. PLANNING 1. Applications of OCEAN BREEZE HOLDINGS LLC at 849 General Booth Boulevard (DISTRICT 6 — BEACH) a. Conditional Change of Zoning from P-1 Preservation to Conditional B-2 Community Business b. Conditional Use Permit re outdoor water park RECOMMENDATION APPROVAL 2. Application of EASY DOES IT RIDING ACADEMY, INC.IMALINDA SCOTT for a Conditional Use Permit re a riding academy and horse boarding at 3581 Muddy Creek Road (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION APPROVAL 3. Application of CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance (CZO) Sections 103 and 106 re notice to property owners of certain decisions RECOMMENDATION APPROVAL W NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, June 14, 2011, at 6:00 p.m. The following applications will be heard: BEACH DISTRICT Ocean Breeze Holdings, LLC Application: Change of Zoning District Classification from P-1 Preservation to Conditional B-2 Community Business at 849 General Booth Blvd (GPIN 2416659680). Comprehensive Plan - Suburban Area. Ocean Breeze Holdings, LLC Application: Conditional Use Permit for an outdoor recreation facility at 849 General Booth Blvd (GPIN 2416659680). PRINCESS ANNE DISTRICT Easy Does It Riding Academy, Inc./Malinda Scott Application: Conditional Use Permit for a riding academy/horse boarding at 3581 Muddy Creek Road (GPIN 2422122422). CITY OF VIRGINIA BEACH Ordinance to amend Sections 103 and 106 of the City Zoning Ordinance pertaining to notice to property owners of certain decisions. All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at httiW/www.vUV0v.c0111/Q For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303. BEACON: MAY 29 & JUNE 5, 2011 22454191 N m 0 a _ 0 v w V - 0 a a) c z _ N w a _ u w, v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: OCEAN BREEZE HOLDINGS, LLC, Change of Zoning District Classification, P-1 Preservation to Conditional B-2 Community Business, 849 General Booth Blvd (GPIN 2416659680). Comprehensive Plan — Suburban Area BEACH DISTRICT. OCEAN BREEZE HOLDINGS, LLC, Conditional Use Permit, outdoor recreation facility, 849 General Booth Blvd (GPIN 2416659680). BEACH DISTRICT. MEETING DATE: June 14, 2011 ■ Background: The applicant proposes to rezone the existing P-1 Preservation properties to Conditional B-2 Community Business and combine the site with the existing outdoor recreational facility, Ocean Breeze Water Park. The applicant also desires a Conditional Use Permit for an outdoor recreational facility, Water Park. This request is part of an overall plan to renovate and upgrade the existing park. ■ Considerations: Staff recommends approval of this request with the submitted proffers provided below and with the conditions below. The applicant's proposal to expand an existing recreation facility is consistent with the land use principles of the Comprehensive Plan. The proposal offers outdoor recreational activities for citizens and visitors of Virginia Beach and complements our City's recreational programs and the resort hospitality industry. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following proffers and conditions: PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Ocean Breeze Holdings, LLC Page 2of2 PROFFER 1: The use of the Property shall be limited to a theme amusement or recreational water park. PROFFER 2: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan review and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the use of the property. The City Attorney's Office has reviewed the proffer agreement dated February 1, 2011, and found it to be legally sufficient and in acceptable legal form. CONDITIONS Before any land disturbance occurs on the site the applicant shall submit a landscape plan to the Current Planning Division of the Planning Department for review and approval. The plan shall depict the existing natural characteristics of the site. Healthy plant material within the site shall be preserved and integrated into an effective landscape design. Clearing in this area shall be confined to the absolute minimum to accommodate the proposed facility. 2. All lighting should be low level and directed toward the interior of the park. 3. The hours of operation are restricted from 10:00 a.m. to 10:00 p.m., except Memorial Day through Labor Day and on holidays and weekends, closing shall be at Midnight. 4. There will be no public address system other than for background music and emergency announcements, no recreational use of Owls Creek associated with this park and no outdoor concerts. 5. No rock concerts or loud music performances will be permitted. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage • S EACH Ocean Breeze Holdings, LLC 7 C77�U Al2 P1 P1 P1 \\ � P1 I 4,P1 , 11 P1 l _ ELENWWY •_ CAMP SCHOOL -t .� ' ETON •`� �� P1 'Z.^rir,yGedinwPulhrs. O,n^ CondltlonalZoningChange /romPotoCond/LonaJB2 3 & 4 May 11, 2011 Public Hearing APPLICANT / PROPERTY OWNER: OCEAN BREEZE HOLDINGS, LLC L uv vura or necreavona, racmry STAFF PLANNER: Faith Christie REQUEST: Conditional Change of Zoning (P-1 Preservation District to Conditional B-2 Community Business District) Conditional Use Permit (Outdoor Recreational Facility) ADDRESS / DESCRIPTION: 849 General Booth Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24166596800000 BEACH 1.09 acre More than 75 dB DNL SUMMARY OF REQUEST The applicant proposes to rezone the existing P-1 Preservation properties to Conditional B-2 Community Business and combine the site with the existing outdoor recreational facility, Ocean Breeze Water Park. The applicant also desires a Conditional Use Permit for an outdoor recreational facility, Water Park. This request is part of an overall plan to renovate and upgrade the existing park. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped site, adjacent to Ocean Breeze Water Park SURROUNDING LAND North: . Wooded land, Motor World, Ocean Breeze / P-1 Preservation, USE AND ZONING: B-2 Business, and A-12 Apartment Ocean Breeze Holdings, LLC Agenda Items 3 & 4 Page 1 South: . Seatack Elementary School, City Tennis facility / P-1 Preservation East: . Wooded land / P-1 Preservation West: . Wooded land / P-1 Preservation NATURAL RESOURCE AND The site is located within the Owl's Creek watershed. The site is heavily CULTURAL FEATURES: wooded. The submitted site development plan should identify the existing natural characteristics of the site that should be preserved, such as trees and groundcover. Healthy plant material within these areas should be preserved and integrated into an effective landscape design. Clearing in this area should be confined to the absolute minimum to accommodate the proposed facility. There are no cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as being located in the Suburban Area and just south of Suburban Focus Area (SFA) North General Booth Boulevard, Site 4.5. Much of the Suburban Area comprises well-established neighborhood and commercial areas that define the land use character in the northern portion of the City and should remain that way into the foreseeable future. One of the characteristics of the Suburban Area that pertains to the surroundings of the subject site is the existence of various sized tracts of parkland or open space. The Plan's general and specific planning principles for the Suburban Area reinforce the suburban characteristics of commercial centers and other non-residential areas that make up part of the Suburban Area. This is accomplished by having all new development proposals either maintain or enhance the existing development through compatibility with surroundings, quality and attractiveness of site and buildings, and environmental responsibility. The subject site is located south of SFA North General Booth Boulevard, Site 4.5; a designation that provides compatible land use recommendations that highlight opportunities for reinforcing or enhancing the mix of residential, recreation and passive open spaces of this area. Included in these recommendations is the need to complete the Aquarium District Plan in order to provide guidance for development of a thematic center and to advance cultural, educational and economic opportunities within this district. This recommendation is being implemented through a planning process begun in 2010 to prepare the Virginia Aquarium and Owls Creek Area Plan. The subject site is included in the study area. Scheduled to be completed and adopted by City Council in the latter part of 2011, the purpose of this Plan is to encourage strategic development and establish this area as a southern anchor for the Resort Area. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Access to this site is from both South Birdneck Road and General Booth Boulevard. South Birdneck Road is a four -lane divided minor suburban arterial with a one hundred five foot (105) right-of- way width. The Master Transportation Plan (MTP) designates this roadway as a six -lane minor arterial with a Ocean Breeze Holdings, LLC Agenda Items 3 & 4 Page 2 one hundred thirty foot (130') right-of-way width. A major road widening project of Birdneck Road is in the final stages of completion to widen the roadway to the existing four lanes. No further CIP projects are currently planned. General Booth Boulevard is a divided four -lane major suburban arterial, with a right-of-way width of one hundred twenty-five feet (126), and is designated as a six -lane arterial with 165 -foot right-of-way width on the MTP. There are currently no capital improvement plan (CIP) projects scheduled for this portion of General Booth Boulevard. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume South Birdneck 18,200 ADT 22,800 ADT Existing Land Use - Road 1,684 ADT (107 PM Peak Hour) Proposed Land Use 3 - General Booth 23,900 ADT 30,600 ADT 1,782 ADT (114 PM Peak Boulevard Hour) Average Daily Trips las defined by 18.63 acres of a multi-purpose recreational facility 3 as defined by 19.72 acres of a multi-purpose recreational facility WATER and: SEWER: The site adjacent to this site, the water park, is connected to City water and sewer. DEVELOPMENT SERVICES CENTER: • Stormwater management and quality shall be addressed in accordance with the Virginia Stormwater Management Handbook. • Interior property lines shall be vacated during detailed site plan review. PUBLIC WORKS / STORMWATER: • This parcel is currently undeveloped. The development will require best management mitigation and will have to be tied in to the adjacent parcel's storm drainage system. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the submitted proffers provided below and with the conditions below. The applicant's proposal to expand an existing recreation facility is consistent with the land use principles of the Comprehensive Plan. The proposal offers outdoor recreational activities for citizens and visitors of Virginia Beach and complements our City's recreational programs and the resort hospitality industry. . Ocean Breeze Holdings, LLC Agenda Items 3 & 4 Page 3 PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The use of the Property shall be limited to a theme amusement or recreational water park. PROFFER 2: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan review and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the use of the property. The City Attorney's Office has reviewed the proffer agreement dated February 1, 2011, and found it to be legally sufficient and in acceptable legal form. CONDITIONS 1. Before any land disturbance occurs on the site the applicant shall submit a landscape plan to the Current Planning Division of the Planning Department for review and approval. The plan shall depict the existing natural characteristics of the site. Healthy plant material within the site shall be preserved and integrated into an effective landscape design. Clearing in this area shall be confined to the absolute minimum to accommodate the proposed facility. 2. All lighting should be low level and directed toward the interior of the park. 3. The hours of operation are restricted from 10:00 a.m. to 10:00 p.m., except Memorial Day through Labor Day and on holidays and weekends, closing shall be at Midnight. 4. There will be no public address system other than for background music and emergency announcements, no recreational use of Owls Creek associated with this park and no outdoor concerts. 5. No rock concerts or loud music performances will be permitted. 6. Hours of operation shall be restricted from 10:00 a.m. to 10:00 p.m., except from Memorial Day thru Labor Day and on holidays and weekends, closing shall be at midnight. 7. Trees shall be preserved on the development site where possible. A tree protection plan and planting plan shall be submitted to the City Arborist and Director of the Virginia Museum of Marine Science for Ocean Breeze Holdings, LLC Agenda Items 3 & 4 Page 4 review before any clearing or development activity takes place. The plan shall include a pre- and post - development tree inventory. This condition shall apply to all future development. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Ocean Breeze Holdings, LLC Agenda Items 3 & 4 Page 5 Pictemetry 1 /-" W �� I� AERIAL OF SITE LOCATION Ocean Breeze Holdings, LLC Agenda Items 3 & 4 Page 6 19 h xY :dill 19 h El PROPOSED SITE PLAN Ocean Breeze Holdings, LLC Agenda Items 3 & 4 Page 7 :dill eff El PROPOSED SITE PLAN Ocean Breeze Holdings, LLC Agenda Items 3 & 4 Page 7 PROPOSED WATER PARK RIDE ELEVATION Ocean Breeze Holdings, LLC Agenda Items 3 & 4 Page 8 I . aetore uuwuer auto the site was zonea ivi-i o uenerai inaustnai uistnct — recreationai uses requirea a conditional use permit — and R -D 2 Residence Duplex 10/15/73 — Rezoning from RD -2 Residence Duplex to CG -3 General Commercial and RD -2 Residence Duplex to RM Multiple Family and a Conditional Use Permit for 792 units and private boat slips 4/17/79 - Rezoning from R-5 Residential to B-2 Business 12/17/79 - Conditional Use Permit for miniature golf course 7/5/83 — Conditional Use Permit for a recreational facility of an outdoor nature 5/21/84 — Conditional Use Permit for a recreational facility of an outdoor nature — a recorded agreement between E.S.G. Enterprises, Inc. and the City of Virginia Beach pertaining to the conditions of the use permit (D.B.2339, PG. 0993) ZONING HISTORY Ocean Breeze Holdings, LLC Agenda Items 3 & 4 Page 9 6/23/86 — Conditional Use Permit for recreational facilities of an outdoor nature: 1. A 15 foot dedication along the frontage on South Birdneck Road, 45 feet from the centerline of the old 60 foot right-of-way as per the Master Street and Highway Plan. 2. Appropriately sized drainage easements are required along Owls Creek and its tributaries impacting the site. 3. Dedication of a 100 foot treed buffer to be preserved in its present and natural state without any clearing; and, to be zoned P-1 Preservation District. The width of this buffer is to be measured 100 feet to the west from the mean high water line beginning at the northern property line, running along Owl's Creek in a southwesterly direction and turning the corner at the tributary which divides on Area 2 as designated on the Festival Park Plan submitted by Talbot and Associates, dated May 6, 1986. This P-1 zoning shall be initiated prior to the site plan approval. Re -vegetation will be subject to staff review. 4. All drainage improvements shall be designed to minimize runoff into Owls Creek or its tributaries through the use of on-site storm water retention ponds and grassed swales. Perimeter filter strips around all parking areas and porous pavement material for all surface -parking areas shall be required providing that the underlying soil is suitable. Riprap shall be used at all outfalls. 5. Pedestrian access to the P-1 area should be limited to only the pedestrian bridges and the "scenic overlook". 6. All lighting should be low level and directed toward the interior of the park. 7. Turn lanes and signalization shall be provided on South Birdneck Road as approved by the City Traffic Engineer. 8. The hours of operation are restricted from 10:00 a.m. to 10:00 p.m., except Memorial Day through Labor Day and on holidays and weekends, closing shall be at Midnight. 9. There will be no public address system other than for background music and emergency announcements, no recreational use of Owls Creek associated with this park and no outdoor concerts. 10. All structures are to be limited in height to 35 feet or less. 11. There shall be no boating on Owls Creek. 12. Any significant change to this plan shall come before City Council for further consideration. 8/27/87 — Rezoning from A-1 Apartment to P-1 Preservation (required by Condition 3 of the Conditional Use Permit approved 6/26/86) 2/26/90 — Reconsideration of Conditions 8, 9, and 10 placed on the Conditional Use Permit approved 6/23/86 (reconsideration of Conditions 8 and 10 were deferred by the Planning Commission): 9. A. There shall be no public address system other than for background music and emergency operations. B. No recreational use of Owls Creek associated with this park. C. No rock concerts or loud music performances will be permitted. D. One 300 seat outdoor stage to be used for family entertainment and limited to puppet shows, magic shows, and variety shows of approximately twenty (20) minutes each. E. The facility shall face Birdneck Road or Motor World, away from Owls Creek. F. Hours of operation shall be restricted from 10:00 a.m. to 10:00 p.m., except from Memorial Day thru Labor Day and on holidays and weekends, closing shall be at midnight, and G. Approval for this stage shall be for a period of two (2) years. 4/23/90 — Reconsideration of Conditions 8 and 10: Condition 8: 1. Approved request to keep mechanical rides and other activities open daily (seven days a week) from 10:00 a.m. until 12:00 Midnight. ZONING HISTORY Ocean Breeze Holdings, LLC Agenda Items 3 & 4 Page 10 2. Approved miniature golf, pizza restaurant and activities from Shipwreck Golf Course to Birdneck Road may be open from 10:00 a.m. until 2:00 a.m. Friday and Saturday only. Condition 10: 1. The proposed mechanical rides shall be located in the area marked "future development" on the submitted site plan adjacent to South Birdneck Road and running east to the Shipwreck Golf. This does not include the aerial tram, which is acceptable as shown on the site plan. Height limit shall be varied in this area only. 2. A Board of Zoning Appeals variance is required for all structures exceeding the 35- foot height limitation, which may occur only in the area of Conditions 1 as, described above. 3. The proposed tram is approved only for the route shown on the submitted site plan dated January 23, 1990, by Talbot and Associates. This route is parallel to the existing roadway. The tram shall not be allowed to cross Owls Creek in any other location. 4. Trees shall be preserved on the development site where possible. A tree protection plan and planting plan shall be submitted to the City Arborist and Director of the Virginia Museum of Marine Science for review before any clearing or development activity takes place. The plan shall include a pre- and post - development tree inventory. This condition shall apply to all future development. 5. No motorized rides or noise disturbing activities shall be operated after 12:00 Midnight 6. All other conditions shall remain the same. 6/11/91 — Reconsideration of Conditions placed on the Conditional Use Permit approved 6/23/86 (Condition 9) 9. Outdoor concerts may be held on the subject site in conjunction with the 1991 Beach Events Program. The concerts must conclude by 11:00 p.m. All speakers shall be oriented toward Birdneck Road or Motor World and away from Owls Creek. Approval is for a period of one year. 11/26/91 - Reconsideration of Conditions placed on the Conditional Use Permit approved 6/23/86 (Conditions 9 and 10): 9. A. There shall be no public address system other than for background music and emergency operations. B. No recreational use of Owls Creek associated with this park. C. The outdoor concert stage shall not encroach into the trees area in the northwest portion of the site. The concerts must conclude by 11:00 p.m. The stage and speakers shall be oriented away from Owls Creek. During detailed site plan review the applicant shall engineer the stage to minimize sound in the Owls Creek area. Engineering plans must meet the approval of the Director of Museums and the Planning Director. D. Noise shall be monitored and evaluated according to acceptable decibel standards. (The acceptable level will be determined.) 10. A. The proposed mechanical rides shall be located as shown on the site plan dated October 29, 1991, by Bruce B. Robinson Architect/Design. Height limitation will be varied in this area only. B. A Board of Zoning Appeals variance is required for all structures exceeding the 35 -foot height limitation which may occur only in the area of Condition 10A as described below. C. The proposed tram is approved only for the route shown on the submitted site plan dated January 31, 1990, by Talbot and Associates. This route is parallel to the existing roadway. The tram shall not be allowed to cross Owls Creek in any other location. D. Trees shall be preserved on the development site where possible. A tree protection plan and planting plan shall be submitted to the City Arborist and Director of the Virginia Museum of Marine Science for review before any clearing or development activity takes place. The plan shall include a pre- and post - development tree inventory. This condition shall apply to all future development. ZONING HISTORY Ocean Breeze Holdings, LLC Agenda Items 3 & 4 Page 11 E. No motorized rides or noise disturbing activities shall be operated after 12:00 Midnight. 4/14/92 - Reconsideration of Conditions placed on the Conditional Use Permit approved 6/23/86 (Condition 10): 10. A. The proposed mechanical rides shall be located as shown on the site plan dated October 29, 1991, by Bruce B. Robinson Architect/Design. The proposed Bungee Jumping Tower may be located north of the mechanical rides area, adjacent to the Strike Zone. Height limitation will be varied in the mechanical rides area and for the Bungee Jumping Tower only. The tower shall be no more than 150 feet in height. Air filled safety bags may be used instead of netting. 2/11/03 — Conditional Use Permit — Recreational Facility of an Outdoor Nature (Amusement Park Racetrack) — Approved 1. No motorized rides or noise disturbing activities shall be operated after 12:00 Midnight. 2. The building shall be painted to match the existing color scheme of the other buildings in the Motorworld theme park. 3. Category IV plantings shall be installed along the western edge of the site outside of the ultimate right of way for South Birdneck Road to serve as a buffer along the roadway. Planting is encouraged to be innovative in terms of spacing and linear arrangement to allow the widest possible variation for visual enhancement while separating uses. A solid screen of plantings is not necessary for this project. Plantings shall be installed prior to a certificate of occupancy for the new racetrack building is issued. 4. A site plan showing the new building location, the reconfiguration of the existing racetrack and the Category IV plantings along the western edge of the site shall be submitted to the Development Services Center for review and approval. 5. All conditions attached to the original use permit and all modifications shall remain in effect. 1/13/2004 - Change of Zoning District Classification from R-10 Residential District, A-12 Apartment District and B-2 Community -Business District to Conditional 1-1 Light Industrial District and Modification of a Conditional Use Permit for a recreational facility of an outdoor nature — reduction in land area — Approved. The following proffers are attached to the Conditional Rezoning: 1. Landscaping shall be installed in a thirty-foot (30) strip along the Property's entire Birdneck Road street frontage. 2. All freestanding signs shall be brick monument style signs. No neon lighting visible from Birdneck Road or the proposed private roadways within the project shall be permitted on the Property. 3. The buildings constructed on each of the proposed lots shall have brick, split face block, or Dryvit as the exterior surface of the front, with the remainder of the building of the same material or, painted block or metal. All exterior surfaces shall have an earth tone color. 4. Specific business uses that will not be allowed on the Property are anything that would involve automotive repair and / or service, car wash facilities, heavy equipment sales and service, personal watercraft rentals, or other type of industrial use that involves the use or storage of hazardous chemical or materials that could possibly cause damage to Owls Creek and its tributaries due to accidental runoff or contamination. 5. All drainage improvements shall be designed to minimize runoff into Owls Creek or its tributaries through the use of on-site storm water retention ponds and grassed swales. Riprap shall be used at all outfalls. 6. Trees shall be preserved on the Property where possible. A tree protection plan and planting plan shall be submitted to the Planning Director, or his designee, for review before any clearing or development activity takes place. ZONING HISTORY Ocean Breeze Holdings, LLC Agenda Items 3 & 4 Page 12 7. All lighting shall be low level and directed toward the interior of the Property. 8. During the detailed site plan review conducted by Grantee, Grantor shall cause a Traffic Impact Study of the impact of the development of the Property on Birdneck Road to be made, and, prior to the issuance of the first Certificate of Occupancy for users of the Property, Grantor shall substantially complete, or post a bond for the completion of, any requirements on Birdneck Road at the entrance to the Property as provided for in the Traffic Impact Study. 9. Further conditions may be required by the GRANTEE during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 4/27/04 - Change of Zoning District Classification from R-10 Residential District and A-12 Apartment District to Conditional 1-1 Light Industrial District and Modification of a Conditional Use Permit for a recreational facility of an outdoor nature — reduction in land area - Approved. The same proffers of the Rezoning on 1/13/04 (listed above) apply to the site. ZONING HISTORY Ocean Breeze Holdings, LLC Agenda Items 3 & 4 Page 13 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1 _ List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Ocean Breeze Holdings, LLC Members: Ocean Breeze Management, LLC. Charles Ayres, Kieran Burke Hansabel Income, LP, JG Partnership, Ltd., Robert Millard, Stanley Shuman Gary Story. Windcrest Partners and Maurice Pinto 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) None ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below. (Attach list if necessary) Same as Applicant. 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. See next page for footnotes Ire# Few M"ry N O Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes ❑ No 0 If yes, what is the name of the official or employee and the nature of their interest? Cur.". bomi Rezan ig Application Page I 1 W 12 Revised 71312007 DISCLOSURE STATEMENT Ocean Breeze Holdings, LLC Agenda Items 3 & 4 Page 14 Z A O V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) MSA, P.C. – Engineering Services Troutman Sanders LLP – Legal Services Aquatic Development Group, Inc. – Design Services ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (1) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. r nat re Print Name licantr's Signature (if different than applicant) Print Name Condi-.ori Rezoning App:ton Page 12 of 12 Revised 71312007 DISCLOSURE STATEMENT Ocean Breeze Holdings, LLC Agenda Items 3 & 4 Page 15 LISCLOSURE STATEMENT 711 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated olill anization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Ocean Breeze Holdings, LLC Members: Ocean Breeze Management, LLC Charles Avres, Kieran Burke Hansabel Income, LP, JG Partnership, Ltd., Robert Millard Stanley Shuman Gary Story, Windcrest Partners and Maurice Pinto 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) None ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Same as Applicant. 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No ✓ If yes, what is the name of the official or employee and the nature of their interest? Cond tion.. Vise Porrr it App .;3t on Page a or 10 Revised 3111/08 O a PIP 0164PQ z 0 A Z O Comm;) DISCLOSURE STATEMENT Ocean Breeze Holdings, LLC Agenda Items 3 & 4 Page 16 C) DISCLOSURE STATEMENT N-EM1111 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal pdrvices: (Attach list if necessary) Aquatic Development Group Inc — Design Services ' "Parent -subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application- 1—g(cant's Si7as' n ure Print Name Sam Applicant -applicant) Owner's Signature (if different than applicant) Print Name G. 10itiOnal lye Permit Applicat in Page 10 of 10 Revised 3111108 DISCLOSURE STATEMENT Ocean Breeze Holdings, LLC Agenda Items 3 & Page 17 Item #3 & 4 Ocean Breeze Holdings, L.L.C. Change of Zoning District Classification from P-1 Preservation to Conditional B-2 Community Business Conditional Use Permit 849 General Booth Boulevard District 6 Beach May 11, 2011 CONSENT An application of Ocean Breeze Holdings, L.L.C. for a Change of Zoning from P-1 Preservation District to Conditional B-2 Community Business District and a Conditional Use Permit for an outdoor recreational facility on property located at 849 General Booth Boulevard. GPIN: 2416-65-9680-0000, District 6, Beach. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The use of the Property shall be limited to a theme amusement or recreational water park PROFFER 2: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan review and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the use of the property. The City Attorney's Office has reviewed the proffer agreement dated February 1, 2011, and found it to be legally sufficient and in acceptable legal form CONDITIONS 1. Before any land disturbance occurs on the site the applicant shall submit a landscape plan to the Current Planning Division of the Planning Department for review and approval. The plan shall depict the existing natural characteristics of the site. Healthy plant material within the site shall be preserved and integrated into an effective landscape design. Clearing in this area shall be confined to the absolute minimum to accommodate the proposed facility. 2. All lighting should be low level and directed toward the interior of the park. 3. The hours of operation are restricted from 10:00 a.m. to 10:00 p.m., except Memorial Day through Labor Day and on holidays and weekends, closing shall be at Midnight. 4. There will be no public address system other than for background music and emergency announcements, no recreational use of Owls Creek associated with this park and no outdoor concerts. Item #3 & 4 Ocean Breeze Holdings, L.L.C. Page 2 5. No rock concerts or loud music performances will be permitted. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 10 NAY 0 BERNAS FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 10-0, the Board approved items 3 & 4 by consent. ABS 0 ABSENT 1 ABSENT Robert Beamon appeared on behalf of the applicant. There was no opposition present. .IIA•BFe-?moi v a � 2 �F OUR NP(\ON In Reply Refer To Our File No. DF -7973 TO: Mark D. Stiles FROM: B. Kay Wilso 4� CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: June 2, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Ocean Breeze Holding, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on June 14, 2011. 1 have reviewed the subject proffer agreement, dated February 1, 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 Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 AGREEMENT THIS AGREEMENT is made as of this 1 day of , 201 l , by and between OCEAN BREEZE HOLDINGS, LLC, a Delaware limited liability company ("Grantor", to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Grantor is the current owner of that parcel located in the City of Virginia Beach, Virginia identified as GPIN No. 2416-65-9680-0000 (the "Property"), which is more particularly described on the attached Exhibit A; and WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from P-1 to Conditional B-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which are generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property GPIN NOs.: 2416-65-9680-0000 covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of Quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The uses on the Property shall be limited to a theme amusement or recreational water park. 2. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that. (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to 2 instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signatures Page to Follow.] 3 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: OCEAN BREEZE HOLDINGS, LLC, a Delaware limited liability company Title: COMMONWEALTH/STrTE OF CITY/C-4t; � OF q t?', t['JkA ��i� , to -wit: The foregoing instrument was acknowledged _ before me this 1 day of 201_, by 1AuE vJ • G(� �-3�i�=rR , who is personally known to me or has produced me« "A�'���£S Li ' as identification in his capacity as V tC ; SID of Ocean Breeze Holdings, LLC, on behalf of the company. My Commission Expires: Registration No. [NOTARIAL SEAL/STAMP] Notary Public M• 114 Q n EXP• 04111 Z Exhibit A Legal Description ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known and designated as "Parcel 4 Area: 47,697 Sq. Ft. 1.09498 Acres GPIN 2416-65-9680" as shown on that certain plat titled "Plat Showing Subdivision of Property of the City of Virginia Beach Map Book 267, Pages 73 & 74 and Inst. No. 200410200167423 for the City of Virginia Beach, Virginia," dated January 14, 2005 and recorded as Instrument Number 20060110000053890. 412759v1 5 0 c a n dWAft a Nt 90 0 y Q �Q c Nu CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: EASY DOES IT RIDING ACADEMY, INC./MALINDA SCOTT, Conditional Use Permit, riding academy/horse boarding, 3581 Muddy Creek Road (GPIN 2422122422). PRINCESS ANNE DISTRICT. MEETING DATE: June 14, 2011 ■ Background: This is a request for a Conditional Use Permit to allow private horse riding lessons. The applicant has five horses and has been providing horseback riding lessons and tours of the site for the past eleven years to both groups and individuals participating in one-on- one sessions. In addition to providing lessons and tours, this facility has horses available for on-site hourly riding rental and the applicant would like to be able to provide small guided trail rides within the wooded area along the northern property line. No more than 20 people and 12 horses will be on the site at any one time. Lessons, tours, and other riding activities are scheduled anywhere between sunrise and sunset and there are no employees at this facility. Riding lessons have previously been conducted on this site. When applying for a new business license, the applicant found out that the previous license only allowed instructors to go to customers for training. No training was ever permitted at 3581 Muddy Creek Road. The owner indicates that she was previously unaware of this provision of her business license and now would like to obtain approval so she could continue training as she has done in previous years. ■ Considerations: The proposal for a horse riding academy (horse riding lessons) is in conformance with the planning objectives outlined in Chapter 6 of the Comprehensive Plan as the proposed facility is in keeping with the equestrian character of the existing area. The applicant's submitted plan also meets the requirement of the City Zoning Ordinance, which limits the number of horses to no more than three (3) riding animals for each acre of land within the site. The proposal, however, does not satisfy Section 241 of the Zoning Ordinance that requires all buildings housing animals and all corrals in which animals are kept or assembled in concentrated groups, be at least 100 feet from any property lines. Staff has investigated ways to redesign the site so that all regulations in the Zoning Ordinance are satisfied. Staff's investigation revealed that redesigning the site is not the best alternative. All structures on this site appear to be constructed with appropriate approvals. Within the Agriculture District a property owner can construct horse stalls, sheds, houses, and other accessories as close as 20 feet to the property line. The Use Easy Does It Riding Academy, Inc. Page 2 of 3 Permit for a riding academy, however, requires that the stalls be at least 100 feet away from the property line. Given the scale of this operation, staff does not find it necessary to have the applicant relocate structures that do not satisfy the 100 -foot minimum setback requirement. Staff also finds that the approximately 20 -foot by 140 -foot unpaved parking area is acceptable. Section 221(1) of the Zoning Ordinance gives City Council the ability to allow deficiencies of area or dimension, as is proposed, as long as those deficiencies are satisfactorily offset by attached conditions and that the proposed conditional use, together with the conditions attached, is compatible with the neighborhood in which it is to be located, both in terms of existing land uses and conditions and in terms of proposed land uses and uses permitted by right in the area. Overall, staff finds that allowing the proposed horse academy and boarding facility, as currently designed, does not negatively affect the adjacent properties because the horses are kept in areas, for the most part, that have a wooded buffer between the horse stalls or corrals and the adjacent property line. Most portions of the parking area are also screened by a wood line. This existing buffer satisfactorily offsets the proposed deficiencies and the conditions provided below limit the scale and intensity of the equestrian operation so that it does not have a negative impact on neighboring properties. Staff, therefore, recommends approval with the conditions provided below. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: The site shall be in substantial conformance with the submitted marked -up survey entitled, "Physical Survey of: Lot 'C -A-2', Subdivision of Property of Noil II. Nicholson Et UX", by Harold C. Warren and signed on April 28, 1995. Existing buildings housing animals and corrals in which animals are kept or assembled in concentrated groups are not required to meet the 100 -foot setback. 2. No more than 12 horses and 15 individuals shall be on the premises at any one given time. 3. Hours of operation shall be from Monday through Sunday, 8:00 a.m. until dark, but not later than 8:00 p.m. 4. All lighting on the site shall be directed inward and shall not spillover onto adjoining properties. 5. No outside speakers or sound systems shall be permitted. Easy Does It Riding Academy, Inc. Page 3 of 3 6. The site is limited to horse boarding, riding lessons, and tours of the site. There shall be no horse shows, polo matches, or similar types of events. 7. These conditions shall remain in effect as long as the horse boarding facility is in operation. 8. The majority of the parking area may remain unpaved; however, the parking area shall satisfy all requirements of the Americans with Disabilities Act ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department 44�e City Manager: k' (b (A PRINCESS ANNE Ease Does It Riding Academy-, Inc. 02 �. AG1 ,AG1 " !' AGA t_ - AG1 A2, >r° 37)JA'Zr RAG2 �AG1 > AG2 o AG2 AG1 CUP - Riding Acaderny 8 Horse Boarding REQUEST: Conditional Use Permit (Riding Academy & Horse Boarding) ADDRESS / DESCRIPTION: 3581 Muddy Creek Road May 11, 2011 Public Hearing APPLICANT: EASY DOES IT RIDING ACADEMY, INC. PROPERTY OWNER: MALINDA SCOTT STAFF PLANNER: Leslie Bonilla GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24221224220000 PRINCESS ANNE 10.8 acres Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow private horse riding lessons. The applicant has five horses and has been providing horseback riding lessons and tours of the site for the past eleven years to both groups and individuals participating in one-on-one sessions. In addition to providing lessons and tours, this facility has horses available for on-site hourly riding rental and the applicant would like to be able to provide small guided trail rides within the wooded area along the northern property line. No more than 20 people and 12 horses will be on the site at any one time. Lessons, tours, and other riding activities are scheduled anywhere between sunrise and sunset and there are no employees at this facility. Riding lessons have previously been conducted on this site as the applicant was unaware of the requirement of a Use Permit. Due to the downturn in the economy, the owner was going to foreclose on the property and let her business license lapse but has since decided to continue her horseback riding business. When applying for a new business license, she found out that the previous license only allowed instructors to go to customers for training. No training was ever permitted at 3581 Muddy Creek Road. The owner indicates that she was previously unaware of this provision of her business license and now would like to obtain approval so she could continue training as she has done in previous years. EASY DOES IT RIDING ACADEMY, INC. Agenda Item 8 Page 1 The site is currently developed with a single-family dwelling centered on-site, a 10 -stall horse barn approximately 35 feet from the northern property line, and a two story existing pole barn currently used as a classroom and office with two stalls attached to the rear of the facility. The office and classrooms are located approximately 35 feet from the northern property line. A four -stall summer shed is approximately 45 feet from the northern property line, a two -stall hospital is approximately 20 feet from the southern property line, a tack house is approximately 75 feet west of the dwelling, and up to five defined horse riding areas are dispersed throughout the site. Parking is on the north side of the house just north of the existing driveway. There is an existing wood line that screens the majority of the parking area from the adjacent property. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Rural residential with riding academy and office SURROUNDING LAND North: . Rural residential / AG -1 & AG -2 Agricultural Districts USE AND ZONING: South: . Rural residential / AG -1 & AG -2 Agricultural Districts East: . Farm land / AG -1 & AG -2 Agricultural Districts West: . Rural residential / AG -1 & AG -2 Agricultural Districts NATURAL RESOURCE AND The majority of the site is uncultivated land used for the care and CULTURAL FEATURES: keeping of horses. There is a wooded area along the western half of the northern property line. This site is also in an AE floodplain and has a 0.2 percent annual chance of flood hazard. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Rural Area. The Rural Area is located in the southern half of the City south of Indian River and Sandbridge Roads. It is characterized as low, flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities, wetland banks, fish farms and other similar uses. It is an important objective to protect and sustain all our valuable environmental, scenic and agricultural resources against inappropriate activities and intense growth pressures (p. 5-1 to 5-4). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Muddy Creek Road is a two-lane rural highway with a variable (thirty to fifty foot) right-of-way width. There are currently no CIP projects planned for this portion of Muddy Creek Road. EASY DOES IT RIDING ACADEMY, INC. Agenda Item 8 Page 2 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic 100 feet Muddy Creek Road 273 ADT 12,000 ADT (Level of Existing Land Use — 100 20 feet 100 feet Two -stall barn attached to the office & classrooms Service "D") ADT Proposed Land Use —No data available Average Daily Trips s as defined by 10.231 acres of AGA zoned land a as defined by a riding school and horse boarding facilit TRAFFIC ENGINEERING: Muddy Creek Road is currently well below capacity, and Traffic Engineering does not expect that the proposed use will generate a significant number of additional vehicular trips on the adjacent roadways. WATER: City water is not available. Health Department approval is required for private wells. SEWER: City sanitary sewer is not available. Health Department approval is required for septic systems. EVALUATION AND RECOMMENDATION The proposal for a horse riding academy (horse riding lessons) is in conformance with the planning objectives outlined in Chapter 6 of the Comprehensive Plan as the proposed facility is in keeping with the equestrian character of the existing area. The applicant's submitted plan also meets the requirement of the City Zoning Ordinance, which limits the number of horses to no more than three (3) riding animals for each acre of land within the site. The proposal, however, does not satisfy Section 241 of the Zoning Ordinance that requires all buildings housing animals and all corrals in which animals are kept or assembled in concentrated groups, be at least 100 feet from any property lines. Staff has investigated ways to redesign the site so that all regulations in the Zoning Ordinance are satisfied. Staff's investigation revealed that redesigning the site is not the best alternative. All structures on this site appear to be constructed with appropriate approvals. Within the Agriculture District a property owner can construct horse stalls, sheds, houses, and other accessories as close as 20 feet to the property line. The Use Permit for a riding academy, however, requires that the stalls be at least 100 feet away from the property line. Following is a list of structures that do not satisfy the 100 -foot minimum setback for all buildings housing animals and all corrals with which animals are kept or assembled in concentrated groups. STRUCTURE DESCRIPTION CURRENT SETBACK REQUIRED SETBACK Four -stall horse summer shed 45 feet 100 feet Ten -stall horse barn 35 feet 100 feet Two -stall animal hospital 20 feet 100 feet Two -stall barn attached to the office & classrooms 35 feet 100 feet EASY DOES IT RIDING ACADEMY, INC. Agenda Item 8 Page 3 Given the scale of this operation, staff does not find it necessary to have the applicant relocate structures that do not satisfy the 100 -foot minimum setback requirement. Staff also finds that the approximately 20 - foot by 140 -foot unpaved parking area is acceptable. City Ordinances require that all parking surfaces be paved; however staff has no objection to waiving this requirement given that the unpaved area fits in with the character of the surrounding community. Section 221(1) of the Zoning Ordinance gives City Council the ability to allow deficiencies of area or dimension, as is proposed, as long as those deficiencies are satisfactorily offset by attached conditions and that the proposed conditional use, together with the conditions attached, is compatible with the neighborhood in which it is to be located, both in terms of existing land uses and conditions and in terms of proposed land uses and uses permitted by right in the area. Overall, staff finds that allowing the proposed horse academy and boarding facility, as currently designed, does not negatively affect the adjacent properties because the horses are kept in areas, for the most part, that have a wooded buffer between the horse stalls or corrals and the adjacent property line. Most portions of the parking area are also screened by a wood line. This existing buffer satisfactorily offsets the proposed deficiencies and the conditions provided below limit the scale and intensity of the equestrian operation so that it does not have a negative impact on neighboring properties. As of the date that this report was written, the City of Virginia Beach Planning Department has not received any complaints regarding this site. Staff, therefore, recommends approval with the conditions provided below. CONDITIONS 1. The site shall be in substantial conformance with the submitted marked -up survey entitled, "Physical Survey of: Lot 'C -A-2', Subdivision of Property of Noil II. Nicholson Et UX", by Harold C. Warren and dated signed on April 28, 1995. Existing buildings housing animals and corrals in which animals are kept or assembled in concentrated groups are not required to meet the 100 -foot setback. 2. No more than 12 horses and -2915 individuals shall be on the premises at any one given time. 3. Hours of operation shall be from Monday through Sunday, 8:00 a.m. until dark, but not later than 8:00 p.m. 4. All lighting on the site shall be directed inward and shall not spillover onto adjoining properties. 5. No outside speakers or sound systems shall be permitted. 6. The site is limited to horse boarding, riding lessons, and tours of the site. There shall be no horse shows, polo matches, or similar types of events. 7. These conditions shall remain in effect as long as the horse boarding facility is in operation. 8. The majority of the parking area may remain unpaved; however, the parking area shall satisfy all requirements of the Americans with Disabilities Act. EASY DOES IT RIDING ACADEMY, INC. Agenda Item 8 Page 4 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. EASY DOES IT RIDING ACADEMY, INC. Agenda Item 8 Page 5 Nc,t00y t. CRECk RD (wR•�gLE t t •y.py� ^ x c A A > -I '• s rc b b I A c c 0 U y, 4V E n iZ *` �i • � A n +� � 7 v YV , � ♦ V. •'° tri n � m , > 0 � 2 • � wJ l 2 � by r^ - ^ x c A A > -I s rc U y, 4V E n iZ *` �i • � A f P R � � by r^ - ^ x c A A > -I s rc PROPOSED SITE PLAN EASY DOES IT RIDING ACADEMY, INC. Agenda Item 8 Page 7 NOW # DATE REQUEST APPLICANT ACTION 1 02/24/2009 Floodplain and Subdivision Variances John Rodger Burns Approved ZONING HISTORY EASY DOES IT RIDING ACADEMY, INC. Agenda Item 8 Page 9 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) knx0 cam; * 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is diftrent from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) fif Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? Conftonal Use Permit Appice0on Page 9 of 10 Revised 7WO07 DISCLOSURE STATEMENT EASY DOES IT RIDING ACADEMY, INC. Agenda Item 8 Page 10 z DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the sante person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. , 010-e A-5 Property Owner's Signature (if different than applicant) 0�I { dta 6Uffl Print Name Print Name Conditional use Pwmk Application Page 10 or 10 Revised 713/2007 DISCLOSURE STATEMENT EASY DOES IT RIDING ACADEMY, INC. Agenda Item 8 Page 11 Item #8 Easy Does It Riding Academy Conditional Use Permit 3581 Muddy Creek Road District 7 Princess Anne May 11, 2011 CONSENT An application of Easy Does It Riding Academy for a Conditional use Permit (Riding Academy & Horse Boarding) on property located at 3581 Muddy Creek Road. GPIN: 2422-12-2422-0000, District 7, Princess Anne. CONDITIONS 1. The site shall be in substantial conformance with the submitted marked -up survey entitled, "Physical Survey of: Lot'C-A-2', Subdivision of Property of Noil II. Nicholson Et UX", by Harold C. Warren and signed on April 28, 1995. Existing buildings housing animals and corrals in which animals are kept or assembled in concentrated groups are not required to meet the 100 -foot setback. 2. No more than 12 horses and -2015 individuals shall be on the premises at any one given time. 3. Hours of operation shall be from Monday through Sunday, 8:00 a.m. until dark, but not later than 8:00 p.m. 4. All lighting on the site shall be directed inward and shall not spillover onto adjoining properties. 5. No outside speakers or sound systems shall be permitted. 6. The site is limited to horse boarding, riding lessons, and tours of the site. There shall be no horse shows, polo matches, or similar types of events. 7. These conditions shall remain in effect as long as the horse boarding facility is in operation. 8. The majority of the parking area may remain unpaved; however, the parking area shall satisfy all requirements of the Americans with Disabilities Act. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 9 NAY 0 ABS 1 ABSENT 1 BERNAS ABSENT FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE Item #8 Easy Does It Riding Academy Page 2 LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO ABS STRANGE AYE THORNTON AYE By a vote of 9-0, with the abstention so noted, the Board approved item 8 for consent. The applicant Melinda Scott appeared before the Board. There was no opposition present. u o Y ii I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH —ZONING ORDINANCE AMENDMENTS - An Ordinance to amend Sections 103 and 106 of the City Zoning Ordinance pertaining to notice to property owners of certain decisions. MEETING DATE: June 14, 2011 ■ Background: These amendments are required by the provisions of HB 1844, which was passed by the General Assembly and will become law on July 1, 2011. The amendments ensure that the owner of property which is the subject of an action by the zoning administrator is given written notice of such action. ■ Considerations: The proposed amendments are required by State Code and therefore, approval of the amendment is recommended. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council. ■ Attachments: Staff Review Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department k City Manager: 1=-- •�' 1`' 12 May11, 2011 Public Hearing CITY OF VIRGINIA BEACH ORDINANCE TO AMEND SECTIONS 103 AND 106 OF THE CITY ZONING ORDINANCE PERTAINING TO NOTICE TO PROPERTY OWNERS OF CERTAIN DECISIONS REQUEST: An Ordinance to amend Sections 103 and 106 of the City Zoning Ordinance pertaining to Notice to Property Owners of Certain Decisions. SUMMARY OF AMENDMENT These amendments are required by the provisions of HB 1844, which was passed by the General Assembly and will become law on July 1, 2011. The amendments ensure that the owner of property which is the subject of an action by the zoning administrator is given written notice of such action. RECOMMENDATION The proposed amendments are required by State Code and therefore, approval of the amendment is recommended. CITY OF VIRGINIA BEACH — Notice to Property Owners Agenda Item 12 Page 1 1 AN ORDINANCE TO AMEND SECTIONS 103 AND 2 106 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO NOTICE TO PROPERTY OWNERS 4 OF CERTAIN DECISIONS 5 6 Sections Amended: §§ 103 and 106 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 103 and 106 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 ARTICLE 1. GENERAL PROVISIONS. 18 19 Sec. 103. Administration. 20 21 (a) The zoning administrator shall have all necessary authority on behalf of the 22 city council to administer and enforce this ordinance, including the ordering in writing of 23 the remedying of any condition found in violation of this ordinance, and the bringing of 24 legal action to ensure compliance with this ordinance, including injunction, abatement or 25 other appropriate action or proceeding authorized by this ordinance or the laws of this 26 state. 27 .... 28 29 (1) The zoning administrator shall provide written notice to the owner of any 30 real property that is the subject of a request for a written order, requirement decision or 31 determination of the zoning administrator. Such notice shall be given by the zoning 32 administrator or by the applicant on forms provided by the zoning administrator within 33 ten (10) days of the date of the request. Such notice mailed to the owner at the last 34 known address of the owner as shown on the current real estate tax assessment 35 records shall satisfy the notice requirement. 36 37 Sec. 106. Appeals and variances. 38 39 (a) The board of zoning appeals shall hear and decide appeals from any order, 40 requirement, decision, or determination made by an administrative officer in the 41 administration or enforcement of this ordinance. An appeal shall be filed with the zoning 42 administrator, and include the grounds of appeal, within thirty (30) days of the date of 43 the decision appealed, unless the notice of violation involves temporary or seasonal 44 commercial uses, parking of commercial trucks in residential zoning districts, or similar 45 short-term recurring violations, in which case the appeal period is ten (10) days from the 46 date of the notice of violation. All decisions not timely appealed shall be final and 47 unappealable. In addition thereto, the board shall have such other powers and duties as 48 are set forth in Section 15.2-2309 of the Code of Virginia; provided, however, that the 49 board shall have no authority to hear and decide applications for conditional use 50 permits, and provided further, that written notice as prescribed in Section 15.2-2204 of 51 the Code of Virginia shall be given at least fifteen (15) days prior to the hearing before 52 the board. 53 54 .... 55 56 (d) Any decision of the board shall be bindinq upon the owner of the property 57 which is the subiect of such appeal only if the owner of such property has been provided 58 notice in accordance with section 103 (1). Actual notice by the owner or active 59 participation in the decision of the board shall waive the owner's right to challenge the 60 validity of the board's decision because of the failure of the owner to receive notice 61 62 63 64 COMMENT 65 The amendments are required by the provisions of HB 1844, which was passed by the 66 General Assembly and will become law on July 1, 2011. The amendments ensure that the owner of 67 property which is the subject of an action by the zoning administrator is given written notice of 68 such action. 69 70 This ordinance shall take effect on July 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of )2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Plan hng Department CA11849 R-4 April 29, 2011 ey's Office Item #12 City of Virginia Beach Ordinance to amend Sections 103 and 106 of the City Zoning Ordinance pertaining to Notice to Property Owners of Certain Decisions May 11, 2011 CONSENT An Ordinance to amend Sections 103 and 106 of the City Zoning Ordinance pertaining to Notice to Property Owners of Certain Decisions. SUMMARY OF AMENDMENT These amendments are required by the provisions of HB 1844, which was passed by the General Assembly and will become law on July 1, 2011. The amendments ensure that the owner of property which is the subject of an action by the zoning administrator is given written notice of such action. AYE 10 NAY 0 BERNAS FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By vote of 10-0, the Board approved item 12. Karen Lasley presented this item to the Board. ABS 0 ABSENT 1 ABSENT M. APPOINTMENTS ARTS and HUMANITIES COMMISSION BAYFRONT ADVISORY COMMITTEE BEACHES and WATERWAYS COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE CHESAPEAKE BAY ALCOHOL SAFETY ACTIONS PROGRAM COMMUNITY SERVICES BOARD EASTERN VIRGINIA MEDICAL SCHOOL HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE TIDEWATER COMMUNITY COLLEGE BOARD TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS TOWING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. 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 CITY OF VIRGINIA BEACH CITY MANAGER'S BRIEFINGS SUMMARY OF COUNCIL ACTIONS ROSEMONT SGA Paul Ostergaard, DATE: 05/24/2011 B Urban Design PAGE: 1 E D S Associates L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D I.A CITY MANAGER'S BRIEFINGS ROSEMONT SGA Paul Ostergaard, Urban Design Associates B SCHOOLS CUP for On -Site Sewage Tony Arnold, Treatment ("Living Machine") Director— Schools Facilities, Planning and Construction IUIIFIV/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y V -E SESSION F-1 MINUTES — April 21 APPROVED 10-0 A Y Y Y Y Y Y Y Y Y Y B S T A I N E D 2 May10, 2011 APPROVED I1-0 Y Y Y Y Y Y Y Y Y Y Y G/II-1 PUBLIC HEARINGS: LEASES OF CITY -OWNED PROPERTY No Speakers a. 2656 Lishelle Place b. P Street and Atlantic Avenue 2 SALE OF EXCESS PROPERTY No Speakers 1732 Virginia Beach Blvd 3 BEACH GARDEN PARK R -O -W 2 Speakers Improvements Acquisition 4 ARP Easements 1646 Princess Anne Road No Speakers UJ-l.a Ordinances re the City Code: DENIED 4-7 Y N Y Y Y N N N N N N ADD Sections recreation of Animal Control Unit Advisory Board b. AMEND Sections of Chapter 37 of City ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Code re connection control/backflow/ BY CONSENT prevention/duties of Director of Public Utilities/Cross-Connection Control/Backflow Prevention Policy c REPEAL Sections/AMEND Sections re ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y noise Beaches/Boats/Waterways/Motor BY CONSENT Vehicle /Traffic Code CITY OF VIRGINIA BEACH AMEND Sections/ADD ADOPTED 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y Sections republic sewer system/civil BY CONSENT DATE: 05/24/2011 B enalties for violations PAGE: 2 E D S 2 Ordinance re tax levy on real estate for ADOPTED BY 11-0 L Y E D Y H Y E Y W Y AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O Y T I P E E E E M 1 O O O S H L R Y S S N N D d AMEND Sections/ADD ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Sections republic sewer system/civil BY CONSENT enalties for violations 2 Ordinance re tax levy on real estate for ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y properties in Va Landmarks Register for CONSENT FY 2012 3.a Ordinances to AUTHORIZE: DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y 06/14/2011 BY acquisition of r-o-w/drainage easements for CONSENT BEACH GARDEN PARK — KILBOURNE COURT/HOLLY ROAD b Acquisition of an ARP easement to James ADOPTED 10-0 Y Y A Y Y Y Y Y Y Y Y L./Phyllis N. Styron at 5341 Moms Neck BY CONSENT B Road. (District 7 — Princess Anne) S T A I N E D c Lease for Summer 2011/next four ADOPTED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Summers/with Dolphin Run Condo Assoc CONDITIONED at 3RD St/Atlantic Ave re overflow parking BY CONSENT lot for registered guests (District 6 — Beach) d Lease with BMZ USA, INC. re ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y commercial property at 2656 Lishelle Place CONSENT (District 6 — Beach) 4 Ordinance to DECLARE EXCESS City ADOPTED BY 10-0 Y Y Y Y Y Y Y Y A Y Y property at 1732 Va Beach CONSENT B Blvd/AUTHORIZE sale to Sakkadas S Enterprises, Inc. T A I N E D 5 Resolution re AWARD 5708,746 in EDIP ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y to BMZ USA, Inc. by Development CONSENT Authority re retrofitting building at 2656 Lishelle Place (District 6 — Beach) 6 Resolution to ESTABLISH a Process ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Improvement Steering Committee to CONSENT improve government processes/ communication with citizens 7 Ordinance to REDEFINE the HNP Field ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Automation Analysis re Code enforcement CONSENT in Housing/Nei hborhood Preservation CITY OF VIRGINIA BEACH Ordinances to ADOPTED BY 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y ACCEPT/APPROPRIATE: CONSENT DATE: 05/24/2011 B $150,000 grant funds re Pedestrian System PAGE: 3 E D S hnprovements — Phase I to reimburse City L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N 0 S H L W T V E Z Y L N 0 R S 0 Y T I P E E E E M I 0 0 0 S H L R Y S S N N D 8.a Ordinances to ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ACCEPT/APPROPRIATE: CONSENT $150,000 grant funds re Pedestrian System hnprovements — Phase I to reimburse City for portion of construction costs for Providence Road overpass/sidewalk b $208,695 in State grant funds to reimburse ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y the City for land acquisition adjacent to CONSENT Adam Thorou h ood House c $43,671 from US Homeland Security to ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Fire re Virginia Task Force 2 Urban Search CONSENT /Rescue, including canine d $15,000 from US Homeland Security ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y through Va Emergency Mgm to Police re CONSENT terrorism detection e $100,000 State grant re design/construction ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y of Marshview Trail CONSENT f $61,110 from Hazard Mitigation grant re ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Auxiliary Power for sewer pump stations — CONSENT Phase III g $4,584,053 from School Instructional ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Technology purchase electronic white CONSENT boards for secondary schools/replace outdated classroom equipment 9 Ordinance to TRANSFER $230,754 to ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Mass Transit re true -up reimbursement to CONSENT HRT K -I Variance to §4.4(b) of Subdivision Ord that APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y all lots meet CZO for CHARLES re CONDITIONED single-family dwellings at 800 Terrace BY CONSENT Avenue. DISTRICT 6 - BEACH 2 VA BEACH SCHOOLS/SCHOOL APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y BOARD for a CUP re private sewage CONDITIONED treatment system known as "Living" BY CONSENT Machine" at West Neck Road. DISTRICT 7 - PRINCESS ANNE 3 AGAPAE INTERNATIONAL APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CHURCH Modification of Condition #6 CONDITIONED approved December 3, 1996/modified BY CONSENT February 12, 2008) to allow one modular unit to on-site for additional 5 years at 2641 Princess Anne Road. DISTRICT 7 — PRINCESS ANNE CITY OF VIRGINIA BEACH WHITAKER PLACE, APPROVED/ 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y LLC/JACQUELINE BULLOCK PROFFERED, DATE: 05/24/2011 B GLASPIE/MONICA JOHNSON BY CONSENT PAGE: 4 E D S SIMONS COZ from R-7.5 to Conditional L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O Y T I P E E E E M I O O L O I S I H I L I R I Y I S I S I N I N I D = i 4 WHITAKER PLACE, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC/JACQUELINE BULLOCK PROFFERED, GLASPIE/MONICA JOHNSON BY CONSENT SIMONS COZ from R-7.5 to Conditional PD -1-12 Overlay at 467/473 North W itchduck Road. DISTRICT 4 - BAYSIDE 5 BREATHWAITE PLACE, LLC: APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y (DISTRICT 2 — KEMPSVILLE) PROFFERED BY CONSENT a. COZ from Conditional A-18 to PDH - 2 (A-18) at Newtown Road/Rock Creek Lane b. Ordinance to EXTEND compliance re closure of portion of Newtown Road/ Rock Creek Lane approved May 25, 2010 L APPOINTMENTS: RESCHEDULED B Y C O N S E N S U S HUMAN RIGHTS COMMISSION TOWING ADVISORY BOARD MINORITY BUSINESS COUNCIL Reappointed: 2 11-0 Y Y Y Y Y Y Y Y Y Y Y year term — 06/01/2011 — 05/31/2013 Prescott Sherrod and Edwin G. Tirona MN/O ADJOURNMENT 6:45 PM