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APRIL 13, 2010 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR W/LL/AM 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 WILL/AM R. DeSTEPH, AI-Large HARRY E. D/F.Zb'L, Kemprville -District 2 ROBERT M. DYER, Centerville -District I BARBARA M. HENLEY, Princess Anne District 7 /OHN E. UHR/N, Beach District 6 ROSF,MARY WILSON, At-Large ./AML:S L. WOOD, lynnhaven -District S CITY COUNCIL APPOINTEES CITY MANAGER -JAMES K. SPORE CITY ATTORNEY MARK D. STILES CITY ASSB:SSOR - ./ERALD BANAGAN CITY A(/DlTOR LYNDONS. R/:'MIAS ('ITYCLF,RK RUTHHODGES~RASER,MMC I. II. III. IV CITY MANAGER'S BRIEFING: -Conference Room- A. NEWTOWN SGA IMPLEMENTATION PLAN Jack Whitney, Director, Planning Karen Lasley, Zoning Administrator Joe Nickol, Urban Design Associates CITY COUNCIL LIAISON REPORTS CITY COUNCIL COMMENTS 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 C/TYHALL BUILDING 240/ COURTHOUSE DRIVE VIRG/NIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- MA/L: Crycncl@vbgov.com 3:30 PM 4:30 PM CITY COUNCIL AGENDA 13 Apri12010 VI. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend William Dyson, Presiding Elder African Methodist Episcopal Church, Virginia Conference 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 March 23, 2010 G. FORMAL SESSION AGENDA H. MAYOR'S PRESENTATION 1. 2010 COMMUNITY RECYCLING AWARD American Forest & Paper Association Scott Brown, Richmond Mill Manager, Sonoco Products Company Jason Cosby, Director, Public Works Phil Davenport, Waste Management John C. Barnes, Waste Management Administrator I. PUBLIC HEARINGS 1. OPEN AIR CAFE LEASES 2. FARMER' S MARKET LEASES 3. INSTALLMENT PURCHASE AGREEMENT (ARP) a. 4884, 6637, and 4700 Block of Blackwater Road b. 2700 block of Reads Road c. 3141 W. Gibbs Road J. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinance to AMEND City Code § 12-49.1 re Permits and Inspections Fees for the Fire Marshall (deferred 11/29/09) 2. Ordinance to AUTHORIZE the City Manager to EXECUTE and Submit the 2010 Housing Choice Voucher Five-Year Plan to US Housing & Urban Development (HUD) 3. Ordinance to AUTHORIZE the City Manager to EXECUTE all documents required and APPROPRIATE $395,000 from the Various Site Acquisitions Fund for the acquisition of property fronting Princess Anne Road at Mathews Green from 56th Street Development Company, LLC. 4. Resolution to AUTHORIZE Police re-certification for continued participation in the Department of Criminal Justice Services' Certified Crime Prevention Community program. 5. Ordinances to AUTHORIZE acquisition of Agricultural Land Preservation (ARP) easements: a. Venable Real Estate Limited Partnership in the amount of $535,724 in the 4700 block of Blackwater Road b. Rufus C. and Barbara P. White in the amount of $1,212,150 at 3141 West Gibbs Road, 6637 Blackwater Road and the 2700 block of Reads Road c. Sisters II, LLC in the amount of $331,714 at 4884 Blackwater Road 6. Ordinance to AUTHORIZE the City Manager to EXECUTE a three (3)-year lease with Chris and Cathie Sale t/a Back Bay Mining Company for spaces 30-33 at the Farmer's Market 7. Ordinance to AUTHORIZE existing temporary encroachments into a portion of City-owned right-of--way for JANE W. STEINHILBER to maintain a serpentine brick wall, brick columns and landscape boulders at 4821 Lauderdale Avenue (deferred 3/23/10). DISTRICT 4 - BAYSIDE Ordinance to AUTHORIZE temporary encroachments into a portion of a City-owned drainage easement, Canal No. 2, for STIHL, INC. re parking expansion and related improvements. DISTRICT 6 -BEACH 9. Ordinance to AUTHORIZE the City Manager to grant Franchise Agreements re Open Air Cafes: New (One Year): a. Holiday Inn Sunspree Cafe b. Cancun Fiesta Cafe Renewals (Five Year): a. 11th Street Cafe -Atlantic Avenue b. 11th Street Cafe -Boardwalk c. Albie's Pizza d. Black Angus Cafe e. f. Dough Boys 24th Cafe g. Marriott Courtyard Cafe h. Planet Pizza i. Rockfish Boardwalk Bar and Sea Grill Cafe 10. Ordinances to ACCEPT and APPROPRIATE: a. $47,900 from Homeland Security to the Fire Department re continuation of the Citizen Corps Council (CCC) and the Community Emergency Response Team programs (CERT) b. $55,158 from the Juvenile Accountability Block Grant FY 09-10 to Human Services re reducing juvenile delinquency for those with intense mental health disabilities: • $49,642 from Criminal Justice Services • $2,758 from increased state revenue • $2,758 from City FY 2009-10 Court Services Unit c. $30,000 from DEA Seized Property Special Revenue Fund to the Police re payment for seized vehicles; $15,340 surveillance equipment and $350,000 for completion of the Police Training Facility (tactical simulation building) 11. Ordinances to TRANSFER: a. $16,278,241 from the General Fund Reserve for Contingencies re Tax Relief for the Elderly and Disabled Program b. $172,283 from the General Fund Reserve for Contingencies to the General Registrar to cover the cost of the June 2010 Republic Primary Election c. $1,460,547 from Debt Service savings to Risk Management Internal Service Fund re insurance premiums and self insurance claims L. PLANNING 1. Application of NEW BEGINNING DELIVERANCE OUTREACH MINISTRIES, INC. for a Conditional Use Permit re a church at 4992-5 Euclid Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 2. Application of DCW ENTERPRISES. INC. d/b/a COLORPRO/TEL AND ASSOCIATES, LP for a Conditional Use Permit re an auto body and paint shop at 4911 Potomac Street. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 3. Application of CENTRO EVANGELISTICO HISPANO PIE LEASING INC. for a Conditional Use Permit re a church at 4999 Cleveland Street. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 4. Application of NEW CINGULAR WIRELESS PCS. LLC T/A AT&T/ CITY OF VIRGINIA BEACH for a Conditional Use Permit re a communication tower at 408 Sandbridge Road. DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 5. Applications of KARINPHILLIP, INC./PARR PROPERTIES, LLC re a tattoo parlor at 114 South Witchduck Road: DISTRICT 2 - KEMPSVILLE a. Change of Zoning from 1-1 Light Industrial to Conditional B-2 Community Business b. Conditional Use Permit RECOMMENDATION Staff APPROVAL Planning Commission DENIAL M. N O P 6. Application of TAMI WALKER MOOK for a Conditional Use Permit re small engine repair at 501 Virginia Beach Boulevard (deferred 3/23/10). DISTRICT 6 -BEACH RECOMMENDATION APPROVAL 7. Application of ROBERT RAMSAY for a Conditional Use Permit re a firewood preparation at 3025 New Bridge Road (deferred 3/23/10). DISTRICT 7 -PRINCES ANNE RECOMMENDATION Staff APPROVAL Planning Commission DENIAL 8. Resolution to REFER to the Planning Commission proposed amendments to the City Zoning Ordinance (CZO) § 111 and 212 re electronic display signs (LED) APPOINTMENTS AUDIT COMMITTEE CLEAN COMMUNITY COMMISSION SOCIAL SERVICES BOARD SOUTH HAMPTON ROADS RESOURCE CONSERVATION and DEVELOPMENT COUNCIL - RC&D UNFINISHED BUSINESS NEW BUSINESS ADJOURNMENT ~~'c~c~'c~'c~c~c~'c~~~c~~'c~~c~~~c~~'c~~c~'c~~'c*~'c~~'c~c~'c~~ PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers FY 2010-2011 Management Resource Plan Schedule a~ _... _ DATE TIME - . ~..... _ ...._,~.,.....~_ EVENT ._ ._.~_ _~__.... ~~~. _. a_....- ,LOCATION _, ~~ Apri120 ~ 4:00-6:00 PM Workshop _ _. City Council Conference.. Room .. A ri122 p ._ ~ ____m .n.... 6 00 PM ._ . _ _ ~ _~.~.. Publrc Hearing Tallwood High School Apri127 ~~ ___ 1 hr before Informal ..~,~~,~...,,~.,.._~.,...~ ~ =Public Hearing . ~...~ City Council Conference Room a _. Apri127 i 6:00 PM Public Hearing yin N_ mmm m µ y __ ?City Council Chamber May 4 _~ ._ ~ 4:00-6:00 PM ~ =Workshop _ __~~m m. ~ ~a~w 'City Council Conference Room . _~ ~..~. ; .,~~, May 11 = 6:OOPM ~ ADOPTION ° City Council Chamber If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Agenda 4/13/lost www.vbeov.com -1- MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 13, 2010 Vice Mayor Louis R. Jones called to order the CITY COUNCIL BUDGET WORKSHOP (FY 2010- 2011 MANAGEMENT RESOURCE PLAN) re Cultural and Recreational Opportunities in the City Council Conference Room, Tuesday, April 13, 2010, at 1:30 P.M. Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. Entered.• 2:00 P.M./Mayor attending meeting with Governor April 13, 2010 -2- CULTURAL and RECREATIONAL OPPORTUNITIES 1:30 P.M. ITEM # 59791 Catheryn Whitesell, Director -Management Services, presented an overview of Cultural and Recreational Opportunities. Cultural and Recreational Opportunities comprise 3.1 % of the Total Operating Budget FY 2009 FY 2009-10 FY 2010-11 Cultural and Recreational Opportunities Actual Adjusted Proposed Change Budgeted Expenditures $ 48,180,219 $ 52,301,956 $ 50,373,920 -3.69% FTEs 1,026.96 1,024.09 1,006.82 -1.69% - IncludcsMusc~rrns and Parks anc.1 Recroation C.~cpartm~r~ts • Clty CU41f1Cil GUals: - C r.-~.+ta~ .+ flnanci.+lly `.Tahle+ T ity 1)r<v.~i[tin ;.: 1=xc ~Il c~nT s..al _~. •ic w~, - tir o•. ~~ [I+e Pa tin nnlY • Fcc Incrcascsr r{f?( If'.+i101+ [. kl lTC•I rvl Nl'll1)e.1SI +11)S A(Ill ltll: ~. +'~ Vf)1+f11%~.1)•lt T4 P.+1'Tl.: II+aTt.-.1+ - Bs•for e Lu Aftar Sclu. of 1)r n~trar)IS K,. Kictz Clu est -,~. w_ T `~~t~ t~+"<~ h~~~ / ~ [~:~ t [ ~1. ~~: ~~ = O ort ..~ pp - Cultural and Recreational Opportunities I2.8~ 0.2% and Recreational unities so ~ 1.1 Maior Revenues: Fees, Charges and CKher Local Revenue - Historic Programs and Aquarium Admissions - Recreation Center Fees - Golf Fees - Parks Programs and Special Events - Before and Afterschool Programming and Camps - Landscaping Services for Schools and Utilities Dedicated Taxes - Recreation Centers - Town Center Special Service District State and Federal - Clean Community Grant - South East Virginia Meals Program Grant - Virginia Coastal Resources Grant Fund Balance - Open Space Program April. 13, 2010 ^ Charges and Fees Fund Balance ^ Dedicated Funding -Other Local =State and Federal ^ City -3- CULTURAL and RECREATIONAL OPPORTUNITIES ITEM # 59792 MUSEUMS Lynn Clements, Director -Museums, advised Museums has an exciting year coming forward. Museums has an unusual situation as Revenue is earned. As indicated by the pie chart, revenue comprises 88.8%. General Fund Transfer is only 11 % for the Department. One of the shining examples this year will be opening in June of the Princess Anne County Training School/Union Kempsville High School Museum in the Renaissance High School. Museums is partnering with Virginia Beach City Schools. ~4 y A`V l ,+. vi -'.1 ~~ _. ~;~ Museums ~~-~. .11'. Virginia Aquarium 7,612,297 9,020,413 142.18 8,886,950 143.43 -1.5% Historic Resources 538,507 641,776 9.75 565,157 8.02 -11.9% Total 8,150,804 .9,662,189 151.93 9,452,107 151.45 -2.2% Revenue 11.2% ^ Earned Revenue s General Fund 88.8% Expenditures 36.0% ^ Personnel ^ Operating 64.09 Reduce Aquarium supply & general maintenance -$150,000 0 Partial Reduce Historic Houses staff, programming and -$33,170 -0.98 No marketing and eliminate historical register Princess Anne County Training School/Union Kempsville -$28,763 -0.47 Yes High School Old Coast Guard Station and Atlantic Wildfowl support -$16,658 0 Yes Total Reduction -$228,591 -1.45 In total, the final Department of Muse ums reduction was 2.2%. Reduction Criteria: rAmount of General Fund dependency -Activity generates revenue rActivity reduces/defers City costs April 13, 2010 ,._ n~ ~:, ~`~~' Museums ,~ ~: ,^r_ ~'. i ,,`V4i •r~~~% .'."..,~ ~` ~' 15% Target Reduction -4- CULTURAL and RECREATIONAL OPPORTUNITIES ITEM # 59792 (Continued) MUSEUMS FYIl Department Initiatives & Projected Highlights - Operate Aquarium with new Restless Planet exhibit in its first full year of operation - Open and operate Princess Anne County Training School/Union Kempsville High School Museum - Develop Aquarium and Owl Creek District Plan ITEM # 59793 1:46 P.M. PARKS and RECREATION Cindy Curtis, Director -Parks and Recreation, introduced her associates in attendance: Mary Cole - Programming and Operation, Pete Hangen -Resource Development, Dick Nutter -Golf Services, Steve Johnston -Business Systems, Tina Uperti -Landscape Management, Brian Solis -Planning Design and Development and Eddie Barnes -Landscape Management. The Department's Mission is to deliver Parks and Recreation programs and Public Spaces reflecting the priorities of the community. r,~~i"al,~~ eai4 ~.C T ,J}`~ 3~ Parks and Recreation ~~ 7~ .,~.-*`. iii ='~ . Director's Office $289,454 $317,034 2.00 $302,059 2.00 $14,975 Landscape Management $17,322,186 $18,582,377 267.40 $17,288,903 260.40 51,293,474 Programming and $20,919,591 $21,723,894 531.22 $21,752,680 526.45 $28,786 Operations Golf Course Operations $2,257,554 $2,486,191 36.32 $2,329,869 31.80 5156,322 Planning, Design, & $764,054 $664,231 8.00 $733,778 9.00 $69,547 Development Business Systems $1,308,895 $1,643,893 20.22 $1,397,335 18.72 -$246,558 Resource Development / $887,550 $949,058 7.00 $1,009,083 7.00 $60,025 Sponsorships Transfers and Reserves $5,267,071 $5,330,229 0.00 $5,117,864 0.00 $212,365 Total $49,016,355 $51,696,907 872.16 $49,931,571 855.37 -$1,765,336 Reduction Criteria: - Avoid reductions in programs that support Council and Community priorities - Favor reductions in administration over direct service delivery provision - Consider program cost recovery and number of patrons served - Maintain programs that are legally mandated or are safety related - Eliminate programs that are not achieving expected results April 13, 2010 -5- CULTURAL and RECREATIONAL OPPORTUNITIES ITEM # 59793 (Continued) PARKS and RECREATION FY11 Budget 21. $~o ^ Personnel ^ Operations Capital ^ Transfers .- ~~~~ ,'~:,. ~"~~'%~~ Parks and Recreation .~ . `.y~, _ ,~ ',' Target Reduction °~~ ~~....~ ~ -~.~- i i `ti K. - Western Bayside Summer Youth Program -$60,000 0 Yes Norfolk Southern Right-of-Way -$30,000 0 Yes Completed CIP Projects' Landscape Impacts -$119,631 0 Yes Landscape Management -$1,760,478 -5.0 Partial $520,450/1.0 Golf Course Operations -$210,868 -4.52 No Programming and Operations -$398,432 -6.85 No Business Systems -$56,089 -1.5 No Director's Office -$12,134 0 No Resource Development -$94,821 0 No Total Reduction -2,742,453 -17.87 In total, the final Parks and Recreation Department reduction was 3.495. April. 13, 2010 n_~~ 10.2% -6- CULTURAL and RECREATIONAL OPPORTUNITIES ITEM # 59793 (Continued) PARKS and RECREATION FYIl Parks and Recreation Initiatives c~ Projected Highlights - Western Bayside Action Plan and Summer Youth Program continued - Implementation of Hansen Work Order System - ..Continue to build upon successful Volunteer Program - Initiate changes to improve profitability of Golf Courses - Before and After School Programs will continue at 57 fifty-seven) elementary schools, 6 (six) middle schools and 6 (six) Recreation Centers - Provide support to Parks & Recreation and Clean Community Commissions, as well as Open Space and Bikeways and Trails Committees - Modest fee increases for programs not increased in at least 2 (two) years April 13, 2010 -7- QUALITY and PHYSICAL ENVIRONMENT 2:31 P.M. ITEM # 59794 Catheryn Whitesell, Director -Management Services, presented an overview of Quality and Physical Environment. Quality Physical Environment comprise 14.7% of the Total Operating Budget. +'4 `S cn r'„. 3r p ` ~« ~~~~ ~'. Quality Physical 7 ~r 2> .! ~~ z . :~.,4.,. ~~ ~ . ~.:. Environment FY 2009-10 FY 2010-11 Quality Physical Environment FY 2009 Actual Adjusted Proposed Change Budgeted Expenditures $ 204,529,772 $ 210,178,482 $ 216,318,829 2.92% FTEs 1,403.88 1,398.88 1,383.88 -1.07% Business Area includes Planning, Public Utilities and Public Works Departments City Council Goals: - Create a financially sustainable City providing excellent services - Improve transportation services - Revitalize neighborhoods and plan for the future Fee/Taxlncreases: - Storm Water Fees - Water Rates and Service Availability Fee - Sewer Rates (beginning in FY12) Quality Physical Environment 14.7% of Total Operating Budget ~~~ w., i , ./ , ~~~~~~ Quality Physical n~w~ ~} Environment -~._ .. Quality Physical Environment Charges and Fees 2% 12% ^ Dedicated Taxes 5% ~~ State 18% Sb% Other Local ^ Retained Earnings and Fund Balance 7% City Maior Revenues: Fees and Charges - Water and Sewer Fees - Storm Water Fees Dedicated Revenues - Open Space - Recreation Center for Maintenance - Sandbridge TIF and SSD - Tourism Growth Investment Fund - Lynnhaven Mall TIF - Town Center SSD State - VDOT Road Maintenance Funding Other local - Services to other departments - Interest - Permits, fines and other miscellaneous Retained Earnings and Fund Balance - Water and Sewer Fund for prior-year Water Services Contract true-up - Sandbridge SSD [o support ongoing sand replenishment project April. 13, 2010 -8- QUALITY and PHYSICAL ENVIRONMENT ITEM # 59795 PLANNING Jolinda Saunders, Administrative Services Manager, advised the Planning Budget is almost $600, 000 less than the current year's Budget. The Director's Office includes a unit that provides the centralized support and management of the Planning Department. There is over $40, 000 in efficiency savings included within this Budget unit There was another successful completion of the Comprehensive Plan, of which staff is very proud. The past three (3) Comprehensive Plan updates have received statewide accolades. ~--.. r.',~Le rrr~ry .`a ~ 4?`. {F~ L ~ ~ klJ. ~Y} r ~~Ki~4'N"~~ i •, t" LY( Director's Office Comprehensive Planning Environment and Sustainability Office Development Services/ PU-DSC Current Planning Permits and Inspections Zoning Board of Appeals Planning $1,408,469 $1,427,009 15 $1,185,311 11 -$241,698 $662,438 $631,697 7 $657,242 7 $25,545 $343,654 $216,181 2 $182,677 2 -$33,504 $1,834,516 $1,924,008 22 $1,858,150 21 -$65,858 $1,996,808 $1,927,751 24 $1,900,751 23 -$27,000 $3,883,099 $4,018,644 53 $3,712,213 q9 5306,431 $27,969 $41,789 $35,501 -$6,288 Mass Transit Operations $3,556,756 $3,747,059 $3,832,155 $85,096 Wetlands Board $7,727 $14,331 $14,331 $0 Total $13,721,436 $13,948,469 123.00 $13,378,331 113.00 -$570,138 r Sri ~ B(,A'! ~ +'<i1 x S1l~l~ £C' }G~5 ;~ r ~ ~ k jy , ~ n,~+~+- yea . F ~ "'"~iy4~a* s.I ~~yV FY11 Budget 28.6% 6.7% Planning Reduction Criteria: -Avoid program elimination YReduce support cost Minimize loss of filled positions by eliminating anticipated vacancies 64.7% r Reorganize to support priorities ^ Personnel ^ Operations Mass Transit April 13, 2010 -9- QUALITY and PHYSICAL ENVIRONMENT ITEM # 59795 (Continued) PLANNING ,.a~ a; , ,k ~~;~s°~ ~ Planning s, ~~ ~: ; ~~ ~.' ~'~`,' . ~ 1 = 15% Target Reduction .,.~ . ~,9 ~~ , f. i i ®® Reduction of Wetlands Program -$155,045 -2 Yes Comprehensive Planning -$157,567 -2 Yes Clerical Support Activities -$93,102 -2 No Departmental Reorganization and Efficiency -$706,816 -9 No Efficiency Savings and BZA Savings -$82,341 0 No Mass Transit Operations -$437,395 0 Yes Total Reduction -$1,632,266. -15 In total, the final Planning Department reduction was 4.1Y . ~~ `~~ ~ ~ Planning _ _ ...~f FY11 Department Initiatives & Projected Highlights -Support the SGA Office by assigning the Transportation Coordinator and two Planner III positions to assist on various projects and initiatives over the next 2 years. The positions remain in Planning. r Reorganize and change the title of the Environmental Management Center to the Environment and Sustainability Office. Transfer a vacant position from the Facilities Management Office and convert to an Energy Assurance, Conservation and Efficiency Administrator. iReorganize to eliminate 11 positions without eliminating any existing programs. April. 13, 2010 -10- QUALITY and PHYSICAL ENVIRONMENT ITEM # 59796 2:47 P.M. PUBLIC UTILITIES Tom Leahy, Director -Public Utilities, advised Public Utilities is the water and waste water collection for the City system. The Mission is to operate the system with the best quality and highest reliably on a 24-hour basis at the lowest possible cost. Public Utilities is not the stormwater management system, but rather the collection system that collects the in-house generated waste water and transmits it back to Hampton Roads Sanitation District (HRSD). The stormwater system that collects the parcipation from outside the runoff is a completely different system, complete separate set of pipes and infrastructure and is managed by Public Works. No funding is received from the General Fund or Taxes. 95% of all revenue comes from customer's use of r water and sewer services, about S% is derived from interest and fees. ~ ~ },Lyr ~4,: ~~~ Public Utilities ..~~... Director's Office 388,345 401,940 3.0 392,717 Engineering 6,264,095 7,478,910 81.0 7,447,879 lake Gaston Facilities 2,469,065 2,754,199 0 2,885,304 Water Services Contract 25,251,195 26,814,190 0 29,716,190 Operations Administration 3,006,289 2,967,108 21.0 2,932,305 Water Distribution 3,760,001 3,670,210 41.0 3,616,264 Water Pump Stations 2,491,831 2,659,866 25.0 2,644,232 Meter Operations 3,446,096 3,317,936 45.0 3,305,666 Sewer Collection 6,518,225 5,700,966 64.0 5,649,446 Sewer Pump Stations 6,273,550 6,110,775 59.0 6,220,274 Business Division 6,470,872 6,961,553 65.5 6,953,975 Debt Service 10,655,148 16,389,014 0 16,389,014 Reserves 0 3,281,998 0 3;069,281 3.0 (9,223) 81.0 (31,031) 0 131,105 0 .2,902,000 21.0 (34,803) 41.0 (53,946) 25.0 (15,634) 45.0 (12,270) 64.0 (51,520) 59.0 109, 499 65.5 (7,578) 0 0 0 (212,717) ^~'iw~^~ '~`i~`=• `'~y~T Public Utilities ~" ~~~ ~ ~ y '~~ d >,'~ ~~~ ~ 3% Reduction from Adjusted FY10 Budget :: ~~•-~•~~ ` °``~` 6% Reduction from Original FY10 Budget Reduced Revenue due to Economy and Corresponding Reduced Budget Right-of-way Fee Norfolk Water Services Contract True-Up (FY2008 & FY2009 Biennia{) Sewer Rate Increases proposed for FY 12-15 to support CIP necessitated by Regional Consent Order Total Budget $99.7 M 404.5 3% - 6% Reduction- $ 4.0 M 0 New $ 2.9 M 0 New One-time $106.6 M 404.5 In total, the Department of Public Utilities increased 4.0%. Criteria: Mitigate: Hold CIP to $25M until FY 12 Rate Increase. Water Rate Increased to offset $4M Right-of-Way Fee. April 13, 2010 QUALITY and PHYSICAL ENVIRONMENT ITEM # 59796 (Continued) PUBLIC UTILITIES .R^~'-1 ~~4`~' '~?~ Public Utilities '#~r> `" ~.~ 3% Reduction from Adjusted FY10 Budget '+ 'i'ti""'~~•? °~~` 6% Reduction from Original FY10 Budget Reduced Revenue due to Economy and $99.7 M 404.5 3%- 6%' Corresponding Reduced Budget Reduction Right-of-Way Fee $ 4.0 M 0 New .Norfolk Water Services Contract True-Up (FY2008 & $ 2.9 M 0 New FY2009 Biennial) One-time sewer Rate Increases proposed for FY 12-15 to support CIP necessitated by Regional Consent Order Total Budget $106.6 M 404.5 In total, the Depar tment of Public Utilities increased 4.09'0. Criteria: -Mitigate: Hold CIP to $25M until FY 12 Rate Increase. Water Rate Increased to offset $4M Right-of-Way Fee. .'"' $1~SA ftA -. `r~~ ~ `~` Public Utilities ~ S 6 ~,~ ~}~... FY2011 Department Initiatives & Projected Highlights YOne of the lowest combined water and sewer bills in the region Rich array of services :Satisfaction Survey-89% Favorable Response Regional Consent Order-Sanitary Sewer Overflows down from hundreds per year to dozens per year rOutbound Dialing, Interactive Voice Response, Internet Portal -Improved Customer Service rWater Assistance Program -Assistance to Customers in Need New 29th Street Water Tank, Stumpy Lake Dam Rehabilitation, Laskin Road Gateway -Phase 1 (Utility Work) April. 13, 2010 -12- QUALITY and PHYSICAL ENVIRONMENT ITEM # 59797 3:10 P.M. PUBLIC WORKS Jason Cosby, Director -Pubic Works, advised they have a new Mission Statement and Slogan: "We always deliver excellence and we serve with pride.': ~~` icy, A~ •~ t;;ti ~ ~ `. ~,=~~ ::.~ ~~ Public Works ~w~,:: i1, ~Y::~ Administration $7,204,010 $6,986,185 19.00 $7,189,133 20.00 2.90% Fleet Management $15,408,110 $15,659,367 81.00 $15,568,913 79.00 -0.58% Building Maintenance $23,149,540 $23,539,012 174.00 $23,614,758 174.00 0.32% Engineering $8,639,669 $9,276,550 97.88 $9,032,441 92.00 -2.639 Infrastructure Maintenance $19,497,900 $18,872,797 223.00 $29,727,151 222.00 57.51% * Operations Management $3,553,696 $3,695,672 48.00 $3,811,955 48.00 3.15% Traffic Management $3,954,827 $3,929,157 35.00 $4,p17,549 38.88 2.25% Real Estate $985,652 $993,759 12.00 $986,883 12.00 -0.69% *Percent change due to transfer of the pavement maintenance program previously funded through the CIP Waste Management $37,795,602 Other Costs $9,675,693 [?ebt Service $465,775 Total $130,345,474 *SPSA forbearance agreement ** SWU CIP transfer $38,241,437 181.5 $31,088,643 180.5 -18.70%" $12,814,524 0 $10,868,397 0 -15.19% *. $2,011,002 0 $2,011,002. 0 0% $136,034,462 871.38 $137,931,825 866.38 1.39% 7_R~9G FY11 Budget ~ Personnel 51,988,392 •Operating 66,488,339 • Capital 3,465,650 ^ Debt Service 2,011,002 ^ Reserves 323,436 :5 Transfers 10,544,961 April 13, 2010 rr~prlL ;&Fq; ~. .. 14 r'e ~~~ 4h ~~ `~ Public Works .:~~.- ~, -13- QUALITY and PHYSICAL ENVIRONMENT ITEM # 59797 (Continued) PUBLIC WORKS ~4~~?~~7r Public Works ` ~= 15% Target Reduction "'y'`. ~~` `' i i Curbside Yard Debris Collection -$3,317,418 -36.00 Yes Beach Operations -$1,221,024 -9.00 Yes Stormwater-Related Positions -.143,302 -2.00 No Administrative Analyst Position -$81,401 -1.00 No Recreation CenterContraduaf5ervice-Maintenance -$68,120 -0.00 No HVACSupplies -$88,000 -0.00 No Sewer Services for City Facilities -$55,000 -0.00 No Electrical Supplies -$40,677 -0.00 No Efficiency Savings -$120,874 -2.00 No Total Reduction -$5,135,816 -50.00 In total, the Department of Publi c Works decreased 1.4%. Reduction Criteria: ~r Convert the SWU fund to an enterprise fund. Moved $2,750,000 of VDOT Maint from SWU to General Fund. Y Reduce funding where it would have the least impact on services. , rj~ Public Works ~:...~ js FY11 Department Initiatives & Projected Highlights Waste Management: Y Contract disposal of yard debris -Anticipated savings of +$500K Assume operation of Household Hazardous Waste Facility from SPSA - Anticipated savings of ±$400K Fleet Management: Eliminate Dam Neck Garage Night Shift-savings $120,874, 2 FTE's y Eliminate 52 low-use vehicles from the fleet -savings $197K Building Maintenance: Reduce electrical consumption through upgraded lighting, sensors and purchasing of natural gas through State contract v Resort Showers and Foot Washers Foam Stabilization for Concrete Slabs and Aprons i Pump Station Contract Painting v Single Ply Roof Coating (SRC) April. 13, 2010 -14- MA YOR `S COMMENTS ITEM # 59798 3:25 P.M. Mayor Sessoms advised with Council Lady Henley compiling a joint correspondence re the budget. Mayor Sessoms read same into the record: "Dear City Council Members: We still have about a month of deliberation before the adoption of the budget. We have not yet had either of the scheduled public hearings and there is much information, public input and debate to come. It is too early to make final decisions. However, the reality is the remaining budget process should proceed recognizing that, without new revenues, the spending cuts must be deeper. Many of the service cuts in the recommended budget area already receiving public resistance. Those will need to be revisited during the deliberation process. Our public hearings are an essential, extremely important part of the process and should not be preempted. At this point, we do not presume to propose any final decisions. These suggested reallocations of recommended expenditures are a possible beginning point to address revenue shortfalls greater than in the proposed budget. Assuming no increased real estate or personal property tax rates, the additional revenue shortfall which must be accommodated is $16, 808, 000. City Council adopted the 2009-2010 budget with the understanding that use of reserve funds would not be sustainable if we are to retain our most favorable financial status. These reallocations also tread lightly into further areas which could be called "thin ice. " As mentioned earlier, the budget will necessarily reduce services needed and expected by our citizens. We are going to have our hands full adjusting the service cuts required within recommended revenues. We respectfully forward these suggestions to fill the wider gap which must be considered if the City Manager's proposed increases are not preferred. The discussion and ultimate decision on the FY 11 Budget cannot be made in a vacuum. One only has to look at the Federal Budget deficit and the recent actions of the General Assembly to question the sustainability of the path we are upon. Certainly, looking ahead just one year to FY 12, we know that the Federal Stimulus dollars available to schools will begone, the application of the revised composite index will negatively hit our school's budget and the City Assessor is projecting an additional five percent decline in our real estate valuations. We should not ignore this impending reality in reaching short term decisions about the FY 11 Budget. Continued use of fund balances, deferral of needed projects or infrastructures maintenance will only make future resource decisions more d~cult. Balancing those concerns is to acknowledge that these are extraordinarily challenging and unique times in our economy. The suggestions put forward need to be carefully considered, but offer a possible alternative to raising tax rates. We look forward to discussing your thoughts and hearing from the public as we develop the final Budget package. Sincerely, s/ William D. Sessoms, Jr. Mayor. s/ Barbara M. Henley Councilmember " April. 13, 2010 Real Estate Tax 1 cent $ 5,086,000 ARP Fund Balance Recreation Center Fund Balance $ 4,000,000 $ 1,079,500 $ 5,079,500 Reduce Pay-as-you-go funding in CIP and consider replacing it with year end 2 cents $ 5,086,000 fund balance ~ s.nR~_nnn 3 cents $ 5,086,000 Defer the following projects for one year and reevaluate them with next year's CIP (3-368) Various Site Acquisition- Phase II $ 1,436,000 (3-125) Large Vehicle Repair Shop $ 1,799,000 (4-503) Parks and Recreation Administration Office Relocation $ 337,500 (4-505) Modernization of Kempsville and Bow Creek Rec. Centers $ 1,520,000 $ 5,092,500 Grand Total $ 15,258,000 Personal Property 10 cents $ 1,550,000 VRS Life Insurance Savings (rate dropped) Eliminate Facade Program Use 2 cent cigarette tax increase for budget rather than EDIP Lower Funding for Consolidated Benefits Office Lower Reserve for Contingencies $ 800,000 $ 150,000 $ 390,000 $ 107,814 $ 100,000 Total $ 1,547,814 -15- CI T Y CO UNCIL COMMENTS ITEM # 59799 Due to time limitations, the City Council scheduled a FY 2010-2011 Management Resource Workshop for Thursday, April IS, 2010, re Public Safety (3:00 to 5:00 P.M.). As several City Council Members will be unable to attend, the City Clerk will provide DVD copies to those members. April 13, 2010 -16- CITY MANAGER `S BRIEFING NEWTOWNSGA IMPLEMENTATION PLAN 3:48 P.M. ITEM # 59800 Karen Lasley, Zoning Administrator, advised the NEWTOWN SGA IMPLEMENTATION PLAN is simply a Briefing to depict the plan. This identical presentation will be given to the Planning Commission on April 14, 2010. The Plan shall be scheduled for the Planning Commission 's consideration on June 9, 2010, and then a final decision in July by City Council. All departments have participated in this Plan. Participation from surrounding residential neighborhoods has also been excellent. With appreciation to Economic Development, meetings have been arranged with the "key" property owners. Team members are in attendance. Mr. Joe Nickol, Urban Design Associates, the main presenter, advised Urban Design was invited during the Summer of last year to engage this community in a 3-step process re the Newtown Strategic Growth Area: Phase L Data Base and Analysis: Understanding Phase II: Alternatives: Exploring Phase III: Final Plan: Deciding Maps of the area, along with other Strategic Growth Areas, were displayed and are hereby made a part of the record. Abase map was first created which encompassed a portrait of existing conditions. Newtown Public Process: Key Milestones 1- 2 October 2009 2 October 2009 23 October 2009 15-17 December 2009 17 December 2009 April 2010 Initial analysis and focus group meetings Kick Off Public Meeting Master Plan Workshop in Pittsburgh Design Charrette Public presentation of Design Alternatives Final Master Plan recommendations to the City Design Principles Reinforce the Newtown site as the "Gateway "into Virginia Beach Create interconnected pedestrian and street framework Build parks and open spaces throughout the site Build mixed-use, mixed-income, transit-oriented development Strengthen education and training institutions in the District Build at a compatible scale next to existing neighborhoods Extend a bicycle and trail system through the site Celebrate Light Rail as a centerpiece in a Gateway public space Develop a shared parking strategy Coordinate transportation improvements including Light Rail, Newtown Road, the Greenwich/Cleveland8yover and I-264 access/widening Develop design guidelines for the District April 13, 2010 -17- CITY MANAGER `S BRIEFING NEWTOWNSGA IMPLEMENTATIONPLAN ITEM # 59800 (Continued) Depictions of the Chartway Redevelopment, Eastern Office Development, ECPI Campus Southern BoulevardlArrowhead Shopping Center, Greenwich Lake Park, and Light Industrial Park Redevelopment Programs were illustrated. Prol; ram Capacity Srrr~unary Commercial Off ce/Flex: 1.4-Million square feet Institutional/Office: 430, 000 square feet Retail: 440, 000 square feet Civic: 10, 000 square feet Residential: 1,335 Units (Multi and Single Family with workforce and affordability requirements) Parking: 9, 640 Spaces Commercial and Mixed-Use Development Guidelines Cc~rrnrn^rrial and lYixecl- tJse. I)cl-elal~rcient x .~. ~~t April. 13, 2010 -18- CITY MANAGER `S BRIEFING NEWTOWNSGA IMPLEMENTATIONPLAN ITEM # 59800 (Continued) Public Initiatives Phase 1 Phase 2 Phase 3 Phase 4 Adopt the plan City develops City extends the City extends final park and new connector segments of community road south from public streets facility at the Parliament to through existing northern end of Princess Anne hotel sites Kemps Lake Road Revise zoning to New city streets City creates a City investment reflect Master create a grid on public space to create Plan and to the site around the rail triangular park at regulate proper Right-of-way as a the intersection built form Village Center of Newtown Road and Princess Anne Road New city streets City completes the road network by extending Business Park Drive through to Greenwich Incentives for City develops structured public park parking around Lake #2 with trails and public frontage for office buildings April 13, 2010 - 19- A GENDA REVIEW SESSION 4:20 P.M. ITEM # 59801 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: K ORDINANCES/RESOLUTIONS Ordinance to AMEND City Code x'12-49.1 re Permits and Inspections Fees for the Fire Marshall (deferred 11/29/09) 2. Ordinance to AUTHORIZE the City Manager to EXECUTE and Submit the 2010 Housing Choice Voucher Five-Year Plan to US Housing & Urban Development (HUD) 3. Ordinance to AUTHORIZE the City Manager to EXECUTE all documents required and APPROPRIATE $395, 000 from the Various Site Acquisitions Fund for the acquisition of property fronting Princess Anne Road at Mathews Green from 56`" Street Development Company, LLC. 4. Resolution to AUTHORIZE Police re-certification for continued participation in the Department of Criminal Justice Services 'Certified Crime Prevention Community program. S. Ordinances to AUTHORIZE acquisition of Agricultural Land Preservation (ARP) easements: a. Venable Real Estate Limited Partnership in the amount of $535, 724 in the 4700 block of Blackwater Road b. Rufus C. and Barbara P. White in the amount of $1, 212,1 SO at 3141 West Gibbs Road, 6637 Blackwater Road and the 2700 block of Reads Road c. Sisters II, LLC in the amount of $331, 714 at 4884 Blackwater Road 6. Ordinance to AUTHORIZE the City Manager to EXECUTE a three (3) year lease with Chris and Cathie Sale t/a Back Bay Mining Company for spaces 30-33 at the Farmer's Market 7. Ordinance to AUTHORIZE existing temporary encroachments into a portion of City-owned right-of--way for JANE W. STEINHILBER to maintain a serpentine brick wall, brick columns and landscape boulders at 4821 Lauderdale Avenue (deferred 3/23/10). DISTRICT 4 - BAYSIDE 8. Ordinance to AUTHORIZE temporary encroachments into a portion of a City- owned drainage easement, Canal No. 2, for STIHL, INC. re parking expansion and related improvements. DISTRICT 6 -BEACH April 13, 2010 -20- A GENDA REVIEW SESSION ITEM # 59801 (Continued) 9. Ordinance to AUTHORIZE the City Manager to grant Franchise Agreements re Open Air Cafes: New (One Year): a. Holiday Inn Sunspree Cafe b. Cancun Fiesta Cafe Renewals (Five Year): a. 11 `" Street Cafe -Atlantic Avenue b. 11 `" Street Cafe -Boardwalk c. Albie's Pizza d. Black Angus Cafe e. Catch 31 Cafe £ Dough Boys 24`" Cafe g. Marriott Courtyard Cafe h. Planet Pizza i. Rockfish Boardwalk Bar and Sea Grill Cafe 10. Ordinances to ACCEPT and APPROPRIATE: a. $47, 900 from Homeland Security to the Fire Department re continuation of the Citizen Corps Council (CCC) and the Community Emergency Response Team programs (CERT) b. $55,158 from the Juvenile Accountability Block Grant FY 09-10 to Human Services re reducing juvenile delinquency for those with intense mental health disabilities: • $49, 642 from Criminal Justice Services • $2, 758 from increased state revenue • $2, 758 from City FY 2009-10 Court Services Unit c. $30, 000 from DEA Seized Property Special Revenue Fund to the Police re payment for seized vehicles; $1 S, 340 surveillance equipment and $350, 000 for completion of the Police Training Facility (tactical simulation building 11. Ordinances to TRANSFER: a. Q'~~;~ $424, 000 from the General Fund Reserve for Contingencies re Tax Relief for the Elderly and Disabled Program b. $172,283 from the General Fund Reserve for Contingencies to the General Registrar to cover the cost of the June 2010 Republic Primary Election c. $1, 460, 547 from Debt Service savings to Risk Management Internal Service Fund re insurance premiums and self insurance claims Councilman DeSteph shall ABSTAIN on Item K.Sa/b/c (ARP easements -Venable real Estate Limited Partnership; Rufus C. AND Barbara P. White; and sisters II, LLC) Council Members Bellitto, Henley and Wilson shall vote a VERBAL NAY re K.7 (Jane W. Steinhilber re boulders) City Attorney Stiles advised correction re K.11 a. (Tax Relied $''~,'~-~'4= $424,000 from the General Fund Reserve for Contingencies April 13, 2010 -21- AGENDA REVIEW SESSION ITEM # 59802 BY CONSENSUS, the following items shall compose the CONSENTAGENDA: L. PLANNING 1. Application of NEW BEGINNING DELIVERANCE OUTREACH MINISTRIES, INC. for a Conditional Use Permit re a church at 4992-5 Euclid Road. DISTRICT 2 - KEMPSVILLE 2. Application of DCW ENTERPRISES. INC. d/b/a COLORPRO/TEL AND ASSOCIATES, LP for a Conditional Use Permit re an auto body and paint shop at 4911 Potomac Street. DISTRICT 2 - KEMPSVILLE 3. Application of CENTRO EVANGELISTICO HISPANO PIE LEASING INC. for a Conditional Use Permit re a church at 4999 Cleveland Street. DISTRICT 2 - KEMPSVILLE 4. Application of NEW CINGULAR WIRELESS PCS. LLC T/A AT& T/ CITY OF VIRGINIA BEACH for a Conditional Use Permit re a communication tower at 408 Sandbridge Road. DISTRICT 7 -PRINCESS ANNE S. Applications of KARINPHILLIP, INC./PARR PROPERTIES, LLC re a tattoo parlor at 114 South Witchduck Road: DISTRICT 2 - KEMPSVILLE a. Change of Zoning from l-1 Light Industrial to Conditional B-2 Community Business b. Conditional Use Permit 7. Application of ROBERT RAMSAYfor a Conditional Use Permit re a firewood preparation at 3025 New Bridge Road (deferred 3/23/10). DISTRICT 7 - PRINCESSANNE Item L.S (KARINPHILIP, INC./PARR PROPERTIES, LLC) shall be WITHDRAWN, BY CONSENT. April. 13, 2010 -22- ITEM # 59803 Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY.• Discussion or consideration of the, acquisition, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of City Property: Beach District LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A) (7). City of Virginia Beach v. Paul Dugas, Margaret Dugas and Gregory Dillon Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 4:31 P.M. April. 13, 2010 - 23 - ITEM # 59803 (Continued) Voting.• 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Break: 4:33 P.M. (Closed Session: 4:39 P.M. (Dinner.• 5:20 P.M. - 4:39 P.M.) - S: ZO P.M.) - S: SO P.M.) April. 13, 2010 -24- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL April 13, 2010 6:00 P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 13, 2010, at 6:00 P.M. Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Absent: None INVOCATION: Reverend William Dyson, Presiding Elder African Methodist Episcopal Church, Virginia Conference PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is his practice to thoroughly review each City Council agenda to ident~ any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest ", as defrned by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. April. 13, 2010 -25- Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a `personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of ident~ing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and frle the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson 's letter of January 27, 2004, is hereby made a part of the record. April. 13, 2010 -26- Item - V-E.1 CERTIFICATION ITEM # 59804 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April. 13, 2010 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #59803, Page 22, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. uth Hodges Fraser, MMC City Clerk Apri113, 2010 -27- Item V-F.1 ITEM # 59805 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, ,City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of March 23, 2010. Voting.• 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent: None April. 13, 2010 -28- Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 59806 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION April. 13, 2010 -29- Item V-H. MAYOR'S PRESENTATION 2010 COMMUNITY RECYCLING AWARD ITEM # 59807 Mayor William D. Sessoms, Jr. was PRESENTED THE 2010 COMMUNITYRECYCLINGAWARD on behalf of the American Forest and Paper Association: Scott Brown, Richmond Mill Manager - Sonoco Products Company, represented the American Forest and Paper Association. Paper cycling has reached record highs in 1009, 63.4% of the paper in the United States last year has been recovered and places the Association about three (3) years ahead of the industry goal. The AF & PA RECYCLING AWARDS were created to recognize outstanding recycling programs such as the City of Virginia Beach. Virginia Beach is the recipient of the AF & PA RECYCLING AWARD. The Judges were impressed by the breadth and depth of the collections, the community outreach, including curbside drop off to 124,000 households. In 2009, the City collected nearly 24,000 tons of recyclable paper. Jason Cosby, Director -Public Works Phil Davenport -Waste Management John C. Barnes, Waste Management Administrator Mayor Sessoms expressed appreciation also to Michael Benedetto (TFC Recycling) re recycling in the private sector. Apri113, 2010 -30- Item V-L 1 PUBLIC HEARINGS ITEM # 59808 Mayor Sessoms DECLARED PUBLIC HEARINGS: OPENAIR CAFE LEASES FARMER'S MARKET LEASES There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARINGS. April. 13, 2010 -31- Item V-I.3. PUBLIC HEARINGS ITEM # 59810 Mayor Sessoms DECLARED PUBLIC HEARINGS: INSTALLMENT PURCHASE AGREEMENT (ARP) a. 4884, 6637, and 4700 Block of Blackwater Road b. 2700 block of Reads Road c. 3141 W. Gibbs Road There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARINGS. April. 13, 2010 -32- Item K. ORDINANCES/RESOLUTIONS ITEM # 59811 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, Sa/b/c, 6, 7, 8, 9a-b, a-i (renewals), IOa/b/c and 11 a/b/c/ of the CONSENT AGENDA. 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 Councilman DeSteph shall ABSTAIN on Item K. Sa/b/c (ARP easements -Venable real Estate Limited Partnership; Rufus C. AND Barbara P. White; and sisters II, LLC) Council Members Bellitto, Henley and Wilson shall vote a VERBAL NAY re K.7 (Jane W. Steinhilber re boulders) City Attorney Stiles advised correction re K.11 a. (Tax Relied Q'~w '~-~;'4= $424,000 from the General Fund Reserve for Contingencies April. 13, 2010 - 33 - Item K.1. ORDINANCES/RESOLUTIONS ITEM # 59812 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AMEND City Code X12-49.1 re Permits and Inspections Fees for the Fire Marshall (deferred 11/29/09) 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 April 13, 2010 1 AN ORDINANCE TO AMEND SECTION 12- 2 49.1 OF THE CITY CODE PERTAINING TO 3 PERMITS AND INSPECTIONS FEES (FIRE 4 MARSHALL) 5 g SECTION AMENDED: § 12-49.1 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 12-49.1 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 ARTICLE III. FIRE PREVENTION CODE 15 16 .... 17 18 Sec. 12-49.1. Permits and inspections fees. 19 20 Fees for permits or inspections required by this article or the Virginia Statewide 21 Fire Prevention Code are hereby levied in accordance with the following schedule: 22 23 (1) 24 Annual fire inspection fee... 25 $50 00 However each business premise located within a structure shall be inspected 26 independently of other areas located in the structure. This fee shall not be levied for the 27 inspection of City or Virginia Beach City Public School facilities. 28 (2) Reinspection fee for third re-inspection and every subsequent inspection to 29 demonstrate compliance with the Virginia Statewide Fire Prevention Code ... $25.00. 30 No fee shall be charged for any necessary first or second re-inspection. This fee shall 31 not be levied for the inspection of City or Virginia Beach City Public School facilities. 32 .... 33 34 The fees imposed pursuant to this section shall be used to defray the cost of 35 enforcement and appeals under the Statewide Fire Prevention Code. The city manager 36 or his designee may waive any of these fees for permits required in the performance of 37 a contract with the City of Virginia Beach, provided that a written waiver is filed with the 38 fire department along with a copy of the contract. 39 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13tH day of April, 2010. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 1 ~+-h day of April , 2010. APPROVED AS TO CONTENT Fire Department CA11300 APPROVED AS TO LEGAL SUFFICIENCY: City ey's O e R-3 November 10, 2009 -34- Item K.2. ORDINANCES/RESOLUTIONS ITEM # 59813 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the City Manager to EXECUTE and Submit the 2010 Housing Choice Voucher Five-Year Plan to US Housing & Urban Development (HUD) 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 Apri113, 2010 1 AN ORDINANCE TO ADOPT THE 2010 HOUSING CHOICE 2 VOUCHER FIVE-YEAR PLAN, THE ANNUAL AGENCY 3 PLAN, AND A REVISED ADMINISTRATIVE PLAN, AND TO 4 AUTHORIZE THE CITY MANAGER TO EXECUTE AND 5 SUBMIT THE PLANS TO THE U.S. DEPARTMENT OF 6 HOUSING AND URBAN DEVELOPMENT 7 8 WHEREAS, the City's Department of Housing and Neighborhood Preservation 9 ("DHNP") operates the federally-funded Housing Choice Voucher program ("HCV 10 program"), formerly known as the Section 8 Program; and 11 12 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") 13 requires agencies that operate HCV programs to submit (1) a five-year plan; (2) an 14 annual plan for each fiscal year in which DHNP receives federal funding for its HCV 15 program; and (3) a revised administrative plan, as applicable; and 16 17 WHEREAS, afive-year plan is submitted by DHNP to HUD every five years; and 18 19 WHEREAS, the purpose of the five-year plan is to inform HUD of DHNP's 20 mission, and DHNP's long range goals and objectives for achieving its mission over the 21 subsequent five years; and 22 23 WHEREAS, the purpose of the annual agency plan is to update HUD on the 24 DHNP's progress in achieving the goals stated in the five-year plan; and 25 26 WHEREAS, the purpose of the administrative plan is to describe in detail the 27 operational procedures of the HCV program at DHNP; and 28 29 WHEREAS, as required by HUD, DHNP has prepared afive-year plan, an 30 annual plan, and a revised administrative plan; and 31 32 WHEREAS, the DHNP is also required by HUD to include a certification in the 33 five-year plan and the annual plan demonstrating DHNP's compliance with applicable 34 laws, and HUD rules and regulations, in order to continue to operate the HCV program; 35 and 36 37 WHEREAS, executive summaries of the five-year plan, the annual agency plan, 38 and the administrative plan are attached hereto, and a copy of each plan is on file with 39 the City Clerk. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 42 VIRGINIA BEACH, VIRGINIA: 43 44 DHNP's five-year plan, annual agency plan, and revised administrative plan for 45 the Housing Choice Voucher Program are hereby ratified and adopted, and the City 46 Manager is hereby authorized and directed to execute and submit the five-year plan, the 47 48 49 50 51 annual agency plan, and the revised administrative plan to the U.S. Department of Housing and Urban Development. Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of April , 2010. APPROVED AS TO CONTENT: $partme eighborf' Housing & Preservation APPROVED AS TO LEGAL SUFFICIENCY: .~ l City Attorne CA11487 R-1 March 31, 2010 Executive Summary Housing Choice Voucher 2010 Administrative Plan City of Virginia Beach HCV PROGRAM AND ADMINISTRATIVE PLAN The City of Virginia Beach Department of Housing & Neighborhood Preservation (VBDHNP) operates the Housing Choice Voucher Program (HCV) within the Rental Housing Division. The VBDHNP receives its funding for the HCV program from the Department of Housing and Urban Development. The VBDHNP enters into an Annual Contributions Contract with HUD to administer the program requirements on behalf of HUD. The VBDHNP must ensure compliance with federal laws, regulations and notices and must establish policy and procedures to clarify federal requirements and to ensure consistency in program operation. Pursuant to 24 CFR 982.54 the VBDHNP must adopt a written administrative plan that establishes local policies for administration of the (HCV) program in accordance with HUD requirements. The administrative plan and any revisions of the plan must be formally adopted by the City Council. This is required because Virginia Beach does not have a housing authority and, therefore no board of commissioners. The administrative plan states VBDHNP policy on matters for which the VBDHNP has discretion to establish local policies. The plan must be in accordance with HUD regulations and requirements. The current administrative plan was approved by the Virginia Beach City Council on February 24, 2009 and subsequently submitted to the Department of Housing and Urban Development. The administrative plan is the key attachment to the HCV Five Year and Annual Agency Plans which are also submitted by the VBDHNP. CONTENTS OF THE PLAN Federal regulations at 24CFR 982.54 further stipulate the VBDHNP administrative plan must cover VBDHNP policies on the following subjects: • Selection and admission of applicants from the DHNP waiting list, including any DHNP admission preferences, procedures for removing applicant names from the waiting list, and procedures for closing and reopening the DHNP waiting list (Chapter 4) • Issuing or denying vouchers, including DHNP policy governing the voucher term and any extensions or suspensions of the voucher term. 'Suspension' means stopping the clock on the term of a family's voucher after the family submits a request for approval of the tenancy. If the DHNP decides to allow extensions or suspensions of the voucher term, the DHNP administrative plan must describe how the DHNP determines whether to grant extensions or suspensions, and how the DHNP determines the length of any extension or suspension (Chapter 8); • Any special rules for use of available funds when HUD provides funding to the DHNP for a special purpose (e.g., desegregation), including funding for specified families or a specified category of families (Chapter Chapter 4 • Occupancy policies, including definition of what group of persons may qualify as a 'family', definition of when a family is considered to be 'continuously assisted'; standards for denying admission or terminating assistance based on criminal activity or alcohol abuse in accordance with 982.553 (Chapters 5 and 15); • Encouraging participation by owners of suitable units located outside areas of low income or minority concentration (Chapter 1); • Assisting a family that claims that illegal discrimination has prevented the family from leasing a suitable unit (Chapter 2); • Providing information about a family to prospective owners (Chapters 3 and 9); • Disapproval of owners (Chapter 13); • Subsidy standards (Chapter 5); • Family absence from the dwelling unit (Chapter 12); • How to determine who remains in the program if a family breaks up (Chapter 12); • Informal review procedures for applicants (Chapter 18); • Informal hearing procedures for participants (Chapter 18); • The process for establishing and revising voucher payment standards (Chapter 8); • The method of determining that rent to owner is a reasonable rent (initially and during the term of a HAP contract) (Chapter 11); • Special policies concerning special housing types in the program (e.g., use of shared housing) (Chapter 4); • Policies concerning payment by a family to the DHNP of amounts the family owes the DHNP (Chapter 17); • Interim re-determinations of family income and composition (Chapter 12); • Restrictions, if any, on the number of moves by a participant family (Chapter 13); • Approval by the board of commissioners or other authorized officials to charge the administrative fee reserve (Chapter 1); • Procedural guidelines and performance standards for conducting required housing quality standards inspections (Chapter 10); and • DHNP screening of applicants for family behavior or suitability for tenancy (Chapter 2) The 2010 revision of the plan has been prepared and is attached for one's use. Primary differences between the 2009 approved plan and the revision are as follows: - Numerous format, grammatical and organizational corrections. - Change of policy to allow for a single, consolidated waiting list - Revisions to ensure the plan reflects actual day to day operations of VBDHNP's Rental Housing Division - Insertion of required policy descriptions for new programs including the Veterans Administration Supportive Housing (VASH) and the Family Unification Program (FUP) - Changes in our occupancy standards to allow for necessary exceptions due to family size, sex, ages of children and disabilities - Clarification of termination procedures - More detailed explanation of how portability issues are handled by VBDHNP - More details on verification procedures Because of the extent of these revisions, Council approval is required. Once approved, the revised plan will be advertised and made available to the public and, in particular, to current Section 8 voucher holders. -35- Item K.3. ORDINANCES/RESOLUTIONS ITEM # 59814 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the City Manager to EXECUTE all documents required and APPROPRIATE $395, 000 from the Various Site Acquisitions Fund for the acquisition of property fronting Princess Anne Road at Mathews Green from 56`" Street Development Company, LLC. 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 April 13, 2010 1 AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION OF 2.136+/- ACRES OF REAL 3 PROPERTY LOCATED IN THE MATHEWS 4 GREEN DEVELOPMENT AND FRONTING ON 5 PRINCESS ANNE ROAD FOR $395,000 FROM 6 56th STREET DEVELOPMENT COMPANY, LLC 8 WHEREAS, 56th Street Development Company, LLC ("56th Street") owns 9 2.136± acres of real property located in the Mathews Green development in the City of to Virginia Beach, Virginia (GPIN: 2414-05-8450) (the "Property"). The Property is wooded 11 and fronts on Princess Anne Road; 12 13 WHEREAS, 56th Street based its proposed development of the Property on the 14 existence of the future planned Princess Anne Road; 15 15 WHEREAS, City staff recommends against having four (4) additional curb cuts 1.~ onto the existing Princess Anne Road and would like the City to have control over is restricting such access; 19 20 WHEREAS, 56th Street desires to sell the Property to the City of Virginia Beach; 21 22 WHEREAS, the acquisition of the Property will be with funds from the City's 23 Various Site Acquisitions Fund (CIP 3-368); and 24 25 WHEREAS, funding for this acquisition is available in the Various Site 26 Acquisitions CIP account. 27 28 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 29 BEACH, VIRGINIA: 30 31 1. That the City Council authorizes the acquisition of the Property by 32 purchase pursuant to § 15.2-1800 of the Code of Virginia (1950), as amended. 33 34 2. That the City Manager or his designee is further authorized to execute all 35 documents that may be necessary or appropriate in connection with the purchase of the 36 Property, so long as such documents are in accordance with the Summary of Terms 3 ~ attached hereto and made a part hereof and deemed necessary and sufficient by the 38 City Manager and in a form deemed satisfactory by the City Attorney. 39 4 o Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day 41 of Aril , 2010. APPROVED AS TO CONTENT: Public Works/Real Estate ~l~~f CA11391 \\vbgov.com\DFSI\Applications\CityLawProd\cycomi2\Wpdocs\D001\P006\0005051 LDOC R-1 April 2, 2010 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office SUMMARY OF TERMS An Ordinance to Authorize the Acquisition of 2.136+/- Acres of Real Property Located in the Mathews Green Development and Fronting on Princess Anne Road for $395,000 from 56th Street Development Company, LLC SELLERS: BUYER: PROPERTY DESCRIPTION: SALE PRICE: 56th Street Development Company, LLC City of Virginia Beach All that certain lot, tract or parcel of land situate, lying and being in the City of Virginia Beach, designated as "A-lA - GPIN 2417-OS-8450" on that certain plat entitled "MATHEWS GREEN PHASE I (MB 29, P. 6 INSTRUMENT #20070820001133510)", dated September 25, 2007, prepared by Kellam Gerwitz and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument No. 2008062700075850. $395,000 at Settlement DEED RESTRICTION: For a minimum of fifty (50) years, the Property shall be used solely for open space uses or passive recreational uses, such as hiking trails, walking paths, and other similar uses that do not detract from the forestal nature of the Property. SOURCE OF FUNDS: CIP 3-368 Various Site Acquisitions SETTLEMENT DATE: Ninety (90) days after full execution of the Agreement of Sale w z -f _~ ;~ ~ ~~~ ~~ /~`~3 a U Ll _-~ ~ i, ~~~ ~0 N~~d~ 0. o _ z ~ T- r ._ ~ /fig, o Q, , ao /~G . o Q/Q~ . v N U L ~ H J W J W ~ ~ ~ LL a ~ C7 L a a~a~ aNa~ ~ ~~g 0 'r' u Z ~~? O LL ~ u r Q O Z N ~ u o ~ ? a iCa Jwpa °o J f ~ ~ a p o c C IL ~ , ~ 0 A W ~ w' yy ~ L A, 0 W N a a ~. •o ;~ ~' z 00 U ~ ~~o U vi ~ , ~ ~ ~ a -- Z .= fC 0 0 i= ~~ O l0 d [7] N U_ ~'' O Q 4 om IIC' C I I~ C a s a a~ a a~ -36- Item K.4. ORDINANCES/RESOLUTIONS ITEM # 5981 S Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to AUTHORIZE Police re-certification for continued participation in the Department of Criminal Justice Services' Certified Crime Prevention Community program. 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 Apri113, 2010 1 A RESOLUTION AUTHORIZING THE CITY OF VIRGINIA 2 BEACH TO RE-CERTIFY FOR CONTINUED 3 PARTICIPATION IN THE DEPARTMENT OF CRIMINAL 4 JUSTICE SERVICES' CERTIFIED CRIME PREVENTION 5 COMMUNITY PROGRAM g WHEREAS, the Virginia Beach City Council supports maintaining the safety and 7 security of its citizens and the community at large to promote crime prevention; 8 g WHEREAS, the City Council is prepared to continue its support toward 10 appropriate efforts within the community to continue promoting crime prevention and 11 community safety; 12 13 WHEREAS, the Department of Criminal Justice Services ("DCJS") offers 14 communities a "Certified Crime Prevention Community Program" ("Program"), which is 15 specifically designed to recognize Virginia communities committed to crime prevention 16 and community safety while providing a framework for those communities to institute 17 crime prevention at the local level which must be recertified every three years; 18 1 g WHEREAS, before a locality can submit an application for participation in the 20 Program, the local governing body must adopt a resolution authorizing such 21 participation; and 22 23 WHEREAS, participation in the Program also requires a participating locality to 24 designate a local community crime prevention, or community safety, council or coalition. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. That City Council hereby authorizes the City of Virginia Beach ("City") to 30 participate in the Department of Criminal Justice Services' Certified Crime Prevention 31 Community Program, and authorizes the Police Department to take all efforts necessary 32 to meet the DCJS requirements for the City to be recertified as a Certified Crime 33 Prevention Community; and 34 35 2. That City Council hereby designates the Virginia Beach Crime Prevention 36 Steering Committee as the City's representative for the purpose of participating in the 37 Program. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the 13th 40 day of Aril _, 2010. APPROVED AS TO CONTENT: .., _/ ~S ~ 4, P lice D rt en APPROVED AS TO LEGAL SUFFICIENCY: C ~~c~ , City Attorney's Offic -37- Item K. S. a/b/c. ORDINANCES/RESOLUTIONS ITEM # 59816 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinances to AUTHORIZE acquisition of Agricultural Land Preservation (ARP) easements: a. Venable Real Estate Limited Partnership in the amount of $535, 724 in the 4700 block of Blackwater Road b. Rufus C. and Barbara P. White in the amount of $1,212,150 at 3141 West Gibbs Road, 6637 Blackwater Road and the 2700 block of Reads Road c. Sisters II, LLC in the amount of $331, 714 at 4884 Blackwater Road Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: William R. "Bill " DeSteph Council Members Absent: None April 13, 2010 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $535,724 (PROPERTY OF VENABLE REAL ESTATE g LIMITED PARTNERSHIP) 7 g ~~ WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 9 Ordinance ), Appendix J of the Code of the City of Virginia Beach, there has been 10 presented to the City Council a request for approval of an Installment Purchase Agreement 11 (the form and standard provisions of which have been previously approved by the City 12 Council, a summary of the material terms of which is hereto attached, and a true copy of 13 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 14 (as defined in the Installment Purchase Agreement) on certain property located in the City 15 and more fully described in Exhibit B of the Installment Purchase Agreement for a 16 purchase price of $535,724; and 17 1 g WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 22 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 23 purchase as evidenced by the Installment Purchase Agreement; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council hereby determines and finds that the proposed terms and 29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, are fair and reasonable 31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 32 is hereby authorized to approve, upon or before the execution and delivery of the 33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 34 balance of the purchase price set forth hereinabove as the greater of 3.4600% per annum 35 or the per annum rate which is equal to the yield on United States Treasury STRIPS 36 purchased by the City to fund such unpaid principal balance; provided, however, that such 37 rate of interest shall not exceed 6.4600% unless the approval of the City Council by 38 resolution duly adopted is first obtained. 39 40 2. The City Council hereby further determines that funding is available for the 41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 42 the terms and conditions set forth therein. 43 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery of the Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter 58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 59 the indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 Adoption requires an affirmative vote of a majority of all members of the City 62 Council. 63 64 Adopted by the Council of the City of Virginia Beach, Virginia, on this 1 nth day of 65 Apr i 1 , 2010. \CA11m DFS Wpplications\CityLawProd\cycom32\Wpdocs\D025\P007\00049485.DOC R-1 DATE: March 30, 2010 APPROVED AS TO CONTENT Agriculture Department APPROVED AS TO LEGAL SUFFICIENCY: City Attorney s Office CERTIFIED AS TO AVAILABILITY OF FUNDS: Director of Finance 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT N0.2009-98 SUMMARY OF MATERIAL TERMS SELLER: VENABLE REAL ESTATE LIMITED PARTNERSHIP PROPERTY LOCATION: 4700 block of Blackwater Road, Princess Anne District PURCHASE PRICE: $535,724 EASEMENT AREA: 70.49 acres, more or less DEVELOPMENT POTENTIAL: 7single-family dwelling sites (7 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.4600% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6.4600% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. O J (~ ~/ t0 N nN W V V , O O L Q~ U fa ~~~ ~~ ------ ~ --t - ~, ~ I I ~. `/; r`' y~ ~~ ~~ I ~, ~~ + -' ~ ~ ^s } ~ ~~ ' ~ z ' ~ ~ f ''F yrty. r.~ } R~ t h Y ~ r,i '~..rr ~~ ~ yr, p L B~ ~, ~ 3 ~ i _Z~.~~. .._ ~ 7. `~.F ~4 ~~ ~ ~..~ ~ . a s~ N`~;, ti .. `vim -E i- •.; :' ., i ~~ ~ ~ ~'': ~ I. a ~n`r~~~ ~ ~~ 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $1,212,150 (PROPERTY OF RUFUS C. WHITE, SR. AND g BARBARA P. WHITE) 7 g ~~ WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 9 Ordinance ), Appendix J of the Code of the City of Virginia Beach, there has been 10 presented to the City Council a request for approval of an Installment Purchase Agreement 11 (the form and standard provisions of which have been previously approved by the City 12 Council, a summary of the material terms of which is hereto attached, and a true copy of 13 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 14 (as defined in the Installment Purchase Agreement) on certain property located in the City 15 and more fully described in Exhibit B of the Installment Purchase Agreement for a 16 purchase price of $1,212,150; and 17 18 WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 22 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 23 purchase as evidenced by the Installment Purchase Agreement; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council hereby determines and finds that the proposed terms and 29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, are fair and reasonable 31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 32 is hereby authorized to approve, upon or before the execution and delivery of the 33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 34 balance of the purchase price set forth hereinabove as the greater of 3.6000% per annum 35 or the per annum rate which is equal to the yield on United States Treasury STRIPS 36 purchased by the City to fund such unpaid principal balance; provided, however, that such 37 rate of interest shall not exceed 6.6000% unless the approval of the City Council by 38 resolution duly adopted is first obtained. 39 40 2. The City Council hereby further determines that funding is available for the 41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 42 the terms and conditions set forth therein. 43 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on, the Installment Purchaseresent d bt the ssulanceoand delvery ofthe Instaement 54 incurrence of the indebtedness rep Y 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter 58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 59 the indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 Adoption requires an affirmative vote of a majority of all members of the City 62 Council. 63 64 Adopted by the Council of the City of Virginia Beach, Virginia, on this ~ 3 th day of 65 April , 2010. \CA11m D~S1\Applications\CityLawProd\cycom32\Wpdocs\D025\P007\00049474.DOC R-1 DATE: March 30, 2010 APPROVED AS TO CONTENT: D `~./~_ Agriculture Department APPROVED AS TO LEGAL SUFFICIENCY: GD~~~~ City Attorney's ffice CERTIFIED AS TO AVAILABILITY OF FUNDS: Director of Finance 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT N0.2009-101 SUMMARY OF MATERIAL TERMS SELLER: WHITE, Sr. Rufus C. and WHITE, Barbara P. PROPERTY LOCATION: 3141 West Gibbs Road, 6637 Blackwater Road, and in the 2700 block of Reads Road, Princess Anne District PURCHASE PRICE: $1,212,150 EASEMENT AREA: 179.43 acres, more or less DEVELOPMENT POTENTIAL: 18 single-family dwelling sites (16 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.6000% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6.6000% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. +~ 4~ ~. O 4~ i Ca m C~ cry 4-- 5... V C6 m d' ca O DC N ca 3 U (B ~~~ Z~ C6 c/1 .Q ._ N 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $331,714 (PROPERTY OF SISTERS II, LLC) 6 7 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 8 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 9 presented to the City Council a request for approval of an Installment Purchase Agreement 10 (the form and standard provisions of which have been previously approved by the City 11 Council, a summary of the material terms of which is hereto attached, and a true copy of 12 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 13 (as defined in the Installment Purchase Agreement) on certain property located in the City 14 and more fully described in Exhibit B of the Installment Purchase Agreement for a 15 purchase price of $331,714; and 16 17 WHEREAS, the aforesaid Development Rights shall be acquired .through the 18 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 19 compliance with, the requirements of the Ordinance; and 20 21 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 22 purchase as evidenced by the Installment Purchase Agreement; 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 1. The City Council hereby determines and finds that the proposed terms and 28 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 29 Agreement, including the purchase price and manner of payment, are fair and reasonable 30 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 31 is hereby authorized to approve, upon or before the execution and delivery of the 32 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 33 balance of the purchase price set forth hereinabove as the greater of 3.3500% per annum 34 or the per annum rate which is equal to the yield on United States Treasury STRIPS 35 purchased by the City to fund such unpaid principal balance; provided, however, that such 36 rate of interest shall not exceed 6.3500% unless the approval of the City Council by 37 resolution duly adopted is first obtained. 38 39 2. The City Council hereby further determines that funding is available for the 40 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 41 the terms and conditions set forth therein. 42 43 3. The City Council hereby expressly approves the Installment Purchase 44 Agreement and, subject to the determination of the City Attorney that there are no defects 45 in title to the property or other restrictions or encumbrances thereon which may, in the 46 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 47 Manager or his designee to execute and deliver the Installment Purchase Agreement in 48 substantially the same form and substance as approved hereby with such minor 49 modifications, insertions, completions or omissions which do not materially alter the 50 purchase price or manner of payment, as the City Manager or his designee shall approve. and attest 51 The City Council further directs the City Clerk to affix the seal of the City to, 52 same on, the Installment Purchase Ase t d bt the ssulance and delvery ofthe Installment 53 incurrence of the indebtedness repre y 54 Purchase Agreement. 55 56 4. The City Council hereby elects to issue the indebtedness under the Charter 57 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 58 the indebtedness a contractual obligation bearing the full faith and credit of the City. 59 60 Adoption requires an affirmative vote of a majority of all members of the City 61 Council. 62 1 3 th da of 63 Adopted by the Council of the City of Virginia Beach, Virginia, on this y 64 April , 2010. \C~A11 p~~Vipplications\CityLawProd\cycom32~Wpdocs\D025\P007\00049454.DOC R-1 DATE: March 30, 2010 APPROVED AS TO CONTENT Agriculture Department APPROVED AS TO LEGAL SUFFICIENCY: ~.~ ~ ~~~~ City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: ~~ Director of Finance 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT N0.2009-95 SUMMARY OF MATERIAL TERMS SELLER: SISTERS II, LLC PROPERTY LOCATION: 4884 Blackwater Road, Princess Anne District PURCHASE PRICE: $331,714 EASEMENT AREA: 65.47 acres, more or less DEVELOPMENT POTENTIAL: 6single-family dwelling sites (4 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.3500% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6.3500% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. to ~ ~ ~ ~ ~ti O ~ ^L ~ 1..~ ~ U ' J ~ J ~ 0 ~ ~ L L ~'~' ~ - ~ ~ ~ U m -38- Item K.6 ORDINANCES/RESOLUTIONS ITEM # 59817 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the City Manager to EXECUTE a three (3)- year lease with Chris and Cathie Sale t/a Back Bay Mining Company for spaces 30-33 at the Farmer's Market 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 April. 13, 2010 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A 3-YEAR LEASE WITH 3 CHRIS AND CATHIE SALE (T/A BACK BAY MINING 4 COMPANY) FOR SPACES #30, 31, 32 AND 33 IN 5 THE VIRGINIA BEACH FARMERS MARKET 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of The City of 8 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 9 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 10 11 WHEREAS, Chris and Cathie Sale (t/a Back Bay Mining Company) ("Back Bay") 12 are existing tenants and would like to enter into a new formal lease arrangement with 13 the City for Spaces #30, 31, 32 and 33 in the Farmers Market (the "Premises"); 14 15 WHEREAS, the Premises will be utilized as a retail establishment selling natural 16 stones and gems, and providing educational and entertainment programs about gem 17 mining, and for no other purpose; 18 1 g WHEREAS, Back Bay has agreed to pay the City $456 per month ($5,472 per 20 year) for the use of the Premises for the first year of the term, with annual rent increases 21 equal to five (5) percent; 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute a lease for a term of three 27 (3) years between Chris and Cathie Sale (t/a Back Bay Mining Company) and the City, 28 for the Premises in accordance with the Summary of Terms attached hereto and made 29 apart hereof, and such other terms, conditions or modifications as may be acceptable 30 to the City Manager and in a form deemed satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of 33 Apr i 1 , 2010. APPROVED AS TO LEGAL SUFFICIENCY AND FORM City Attorney APPROVED AS TO CONTENT 05~ Department of Agriculture CA11385 V :\applications\citylawprod\cycom32\ Wpdocs\D025\P004\00007364.DOC R-1 March 31, 2010 SUMMARY OF TERMS LESSOR: LESSEE: PREMISES: TERM: RENT: LEASE FOR SPACES #30, 31, 32 AND 33 AT THE VIRGINIA BEACH FARMERS MARKET City of Virginia Beach Chris and Cathie Sale (t/a Back Bay Mining Company) Spaces #30, 31, 32 and 33 36 months: May 1, 2010 -April 30, 2013 v,..... ~Ann~hly Rant Annual Rent ~~~ _-_--$ 456 $ 5,472 2 $ 479 $ 5,748 3 $ 503 $ 6,036 RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for the retail sale of natural gems and stones, and providing educational and entertainment programs about gem mining, and for no other purpose. Maintain leased space, including heating and air conditioning units and/or heat pump units. Payment of all assessed fees. Purchase commercial general liability insurance for the Premises with policy limits of not less than $500,000 combined single limits per occurrence. • Keep Premises open from 10:00 a.m. to 5:00 p.m. Tuesdays through Saturdays, and from 12:00 p.m. to 5:00 p.m. on Sundays. Lessee will always be closed on Mondays. RIGHTS AND RESPONSIBILITIES OF CITY: Maintain common areas of the Property and structural elements of the Premises. Provide water and sewer. Provide electrical service unless Lessee has its own account with Dominion Virginia Power. TERMINATION: After 18 months, either party may terminate by providing the other party sixty (60) days' notice. City also has special right to terminate if necessary for any public purpose by giving sixty (60) days' written notice. \\vbgov.com\DFS 1\Applications\CitylawProd\cycom32\Wpdocs\D018\P007\00044700.DOC LOCATION MAP 1 :, , ~{ I-J _ F~ '~ ~ ~~ ~~ /V' ',~ i= I~ iY' ^~~ h ~~~ I ~f r '' ~~ ~`~ ~~~-. .r. ~, i ~~ ` 4. S !~ -39- Item K 7. ORDINANCES/RESOLUTIONS ITEM # 59818 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE existing temporary encroachments into a portion of City-owned right-of--way for JANE W. STEINHILBER to maintain a serpentine brick wall and brick columns and landscape boulders at 4821 Lauderdale Avenue (deferred 3/23/10). DISTRICT 4 - BAYSIDE 1. For and in consideration of the premises and of the benefits accruing, or to accrue, to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. 2. 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 . 3. 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. 4. The Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee; within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and the Grantee will bear all costs and expenses of such removal. S. The Grantee shall indemn~, 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. 6. 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. The Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 8. The Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. 9. 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. April 13, 2010 -40- Item K 7. ORDINANCES/RESOLUTIONS ITEM # 59818 (Continued) 10. 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. I1. Prior to issuance of aright-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. 12. 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. 13. The Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 14. 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 Public Utilities Department. I5. There shall be no landscape bolders 16. The City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars 0100.00) 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. April 13, 2010 -41 - Item K. 7. ORDINANCES/RESOLUTIONS ITEM # 59818 (Continued) Voting: 8-3 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. Vice Mayor Louis R. Jones, and James L. Wood Council Members Voting Nay: "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Mayor William D. Sessoms, Jr., John E. Uhrin, Rita Sweet Bellitto, Barbara M. Henley and Rosemary Wilson Council Members Absent: None April 13, 2010 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE EXISTING 4 TEMPORARY ENCROACHMENTS INTO A 5 PORTION OF THE RIGHT-OF-WAY KNOWN 6 AS LAUDERDALE AVENUE, FOR JANE W. 7 STEINHILBER 8 9 WHEREAS, Jane W. Steinhilber desires to maintain an existing serpentine brick l0 wall, 4 brick columns, and landscape boulders, all within a portion of the City's right-of- 11 way known as Lauderdale Avenue, in the City of Virginia Beach, Virginia; and 12 13 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 14 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 15 City's right-of-way, subject to such terms and conditions as Council may prescribe. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 20 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Jane W. Steinhilber, her 21 heirs, assigns and successors in title, is authorized to maintain existing temporary 22 encroachments for a serpentine brick wall, 4 brick columns, and landscape boulders, in 2 3 a portion of the City's right-of-way as shown on the map marked Exhibit "A" and entitled: 24 "EXHIBIT A SHOWING RIGHT-OF-WAY ENCROACHMENTS OF LOTS 29 & 30, 25 BLOCK 17 CHESAPEAKE PARK INTO LAUDERDALE AVENUE VIRGINIA BEACH, 26 VIRGINIA," a copy of which is on file in the Department of Public Works and to which 27 reference is made for a more particular description; and 28 29 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 3 o subject to those terms, conditions and criteria contained in the Agreement between the 31 City of Virginia Beach and Jane W. Steinhilber (the "Agreement"), which is attached 32 hereto and 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 Jane W. Steinhilber and the City Manager or his authorized designee execute 3 9 the Agreement. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day 4 2 of _A.p~; i , 2010. CA-11002 X:\OID\REAL ESTATE\Encroachmenls\PW Ordinances\CA11002 Steinhilber Ordiance.doc V:\applications\citylawprod\cycom32\W pdocs\D024\P006\00045392.DOC R-1 PREPARED: 1 /25/10 APPROVED AS TO CONTENTS ~,~~~ t~ . t~CwasG,ti BLIC WORKS, REAL EST APPROVED AS TO LEGAL FFICIENCY AND FORM Nel .Ford, Special Council for the 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 1~ day of $ ~enn ~ c r , 2009, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JANE W. STEINHILBER, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESS ETH: That, WHEREAS, the Grantee is the owner of those certain lots, tracts, or parcels of land designated and described as "Lot 29 and Lot 30", in Block 17, as shown on that certain plat entitled: "CHESAPEAKE PARK Property of LYNNHAVEN REALTY CORPORATION 319-321 Seaboard Bank Bldg. NORFOLK, VA." and "CHESAPEAKE PARK PRINCESS ANNE Co. Va." and said plats are recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 4, at page 47 and in Map Book 6, at page 123, respectively, and being further designated, known, and described as 4821 Lauderdale Avenue, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to maintain an existing serpentine brick wall, 4 brick columns, and landscape boulders, collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in maintaining the existing Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Lauderdale Avenue, the "Encroachment Area"; and GPIN: 1570-52-3519-0000; City Right-of Way NO GPIN WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "EXHIBIT A SHOWING RIGHT-OF-WAY ENCROACHMENTS OF LOTS 29 & 30, BLOCK 17 CHESAPEAKE PARK INTO LAUDERDALE AVENUE VIRGINIA BEACH, VIRGINIA," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement permit, the Grantee must post a bond or other security, in 3 the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a 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 Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any 4 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, Jane W. Steinhilber, the said Grantee, has caused this Agreement to be executed by her 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 2010, 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 2010, by ,CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) 6 e.... ~~ J e W. Steinhilber STATE OF `J L+ ['° ~ ~ c- CITY/COUNTY Of~ ~~ ~ . , to-wit: The foregoing instrument was acknowledged before me this ~~day of 2009, by Jane W. Steinhilber. Notary Registration Number: ~ ~3y l S My Commission Expires: ~ ~ ~ ~ I ~ APPROVED AS TO CONTENTS NATURE DEPARTMENT ', (~~., (SEAL) Notary P blic `````11111 TH rrI/~/ O '~`l;~ NATALIE ' i3 • M. oe~s ~~ ~ .. .~ APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~~ - Nell .Ford, Special Counsel for the City Attorney X:\Projects\Encroachments\Applicants\Steinhilber, Jane - KMJ\CA11002 Steinhilber Encroachment Agreement-NFL Revised Final 05-21-2009[1].doc 7 LOT 9 0.2' IN LOT 31 LOT 12 E(F~ LOT 28 LEGEND S~~D LOT 10 LOT 11 ::50.00' ~ . p LOT ~ 30 : :LOT 29:::: ' :CQN~ ::.:.:: :::.:::::::: . BR CK • 12.2' 12.3' o ~c ~~ N 1 0 2.8' 2.7' O 2 STORY O 4 ~ 4821 °D em a•1. ~* 1. 0.2' IN EDGE OF [ PAVEMENT-~ r DDIN! ~~ ~ DVVWO ~ ~ 07 ~ r r' 41 J-'[4.0 ] [5.4'] [3.5'] [3.1'] t-y~H ~' y• LAUDERDALE AVENUE ~~~ v WARD M. HOLMES ~ LlC. No.14a3 ~ G~~~G%~`'~-~ YARD M. HOLM] e-zs-as~,¢, LAND SURVEYOR, ~ S;>(P~~v '" N RFULK,RANBGINIA 23 O =LANDSCAPE BOULDER [4.1'] ° WALL ~IEOA3UREpMFNRO~M ADJACENT GROUND 0.9' OUT • 0.5' OUT -BRICK COLUMN EXHIBIT A SHOWING RIGHT-OF-WAY ENCROACHMENTS OF LOTS 29 & 30, BLOCK 17 CHESAPEAKE PARK INTO LAUDERDALE AVENUE VIRGINIA BEACH, VIRGINIA -42- Item K.B. ORDINANCES/RESOLUTIONS ITEM# 59819 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE temporary encroachments into a portion of a City-owned drainage easement, Canal No. 2, for STIHL, INC. re parking expansion and related improvements. DISTRICT 6 -BEACH The following conditions shall be required: 1. 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. 2. 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 3. 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. 4. 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 the Grantee will bear all costs and expenses of such removal. 5. The Grantee shall indemn~, 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. 6. 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. 7. The Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 8. The Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit'). 9. Prior to issuance of aright-of--way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times its engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. April 13, 2010 -43- Item K.B. ORDINANCES/RESOLUTIONS ITEM # 59819 (Continued) 10. The Grantee shall establish and maintain a combination of riparian buffer and other re-vegetated areas to compensate for impervious encroachments into the Encroachment Area. The riparian buffer and other re-vegetated areas shall not be established during the months of June, July or August, so that they have the greatest likelihood of survivability. The riparian buffer and other re-vegetated areas shall be installed in accordance with the site plan drawings identifted as sheets 11, 12 and 13 of 13, dated January 12, 2010, and maintained on file in the Department of Planning, and shall satisfy all of the conditions imposed by the Chesapeake Bay Preservation Area Board at its meeting on August 24, 2009, attached to this agreement as Exhibit "B ". The Grantee shall note the Department of Planning when the riparian buffer and other re-vegetated areas are complete and ready for inspection. 11. 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. 12. 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 Public Utilities Department. 13. The Grantee will provide a double gate along the northern property line of the collective properties, with a minimum sixteen (16) foot opening. Said gate is to be located between the existing parking lot and the top of bank. If the gate is locked, keys must be provided to the City of Virginia Beach, Department of Public Works, Highway Operations Division. 14. 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 Ciry 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. April 13, 2010 -44- Item K.8. ORDINANCES/RESOLUTIONS ITEM # 59819 (Continued) 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 April. 13, 2010 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 A PORTION OF THE CITY'S 6 DRAINAGE EASEMENT KNOWN AS ~ CANAL NO. 2 AND A 35' CITY g DRAINAGE EASEMENT BY STIHL g INCORPORATED 10 11 WHEREAS, Stihl Incorporated desires to construct and maintain an expansion of 12 its parking facilities, to include the installation of related asphalt, concrete curbing, 13 lighting, electrical conduit, drainage facilities, piping, bio-retention landscaping and 14 fencing within a portion of the City's drainage easement known as "Canal No. 2" and 15 within a portion of a 35' City drainage easement, located adjacent to 528, 532 and 536 16 Viking Drive, in the City of Virginia Beach, Virginia. 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 20 City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 2 4 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Stihl Incorporated, its 2 6 assigns and successors in title are authorized to construct and maintain temporary 2 ~ encroachments for a parking lot expansion, to include the installation of related asphalt, 28 concrete curbing, lighting, electrical conduit, drainage facilities, piping, bio-retention 29 landscaping, and fencing, in a portion of the City's drainage easement known as "Canal 3 o No. 2" and in a portion of a 35' City drainage easement, as shown on the map marked « ~~ 31 Exhibit A and entitled: EXHIBIT A SHOWING PARKING ENCROACHMENT AREA", 32 a copy of which is on file in the Department of Public Works and to which reference is 3 3 made for a more particular description; and 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 3 6 subject to those terms, conditions and criteria contained in the Agreement between the 37 City of Virginia Beach and Stihl Incorporated (the "Agreement"), which is attached 3 8 hereto and incorporated by reference; and 39 4 o BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 41 is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 4 4 time as Stihl Incorporated and the City Manager or his authorized designee execute the 4 5 Agreement. 46 47 4 8 Adopted by the Council of the City of Virginia Beach, Virginia, on the13th _ day 4 9 of ~~ } } , 2010. CA-11390 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA11390 Stihl Incorporated Ordiance-Final v3.doc V:\applications\citylawprod\cycom32\W pdocs\D031 \P004\00050426. DOC R-1 PREPARED: 03/31/2010 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~,- C. O SSG LIC WORKS, REAL ESTATE ~~ Rebecca D. Ku 'n, Deputy 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 31st day of March, 2010, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and STIHL INCORPORATED, a Delaware corporation authorized to transact business in Virginia, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: That, WHEREAS, the Grantee is the owner of those certain lots, tracts, or parcels of land designated and described as "Parcel A" as shown on that certain plat entitled: "RESUBDIVISION OF PARCEL 68 RESUBDIVISION OF OCEANA WEST INDUSTRIAL PARK (MB227, PG72) AND PARCEL 17 SUBDIVISION OF PARCEL 17 OCEANA WEST INDUSTRIAL PARK (MB133, PG56)," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20030812001248260, and "Parcels 07 and 08" as shown on that certain plat entitled: "SUBDIVISION OF PARCELS 07, 08, 09, 10 & 11 A RESUBDIVISION OF PARCELS 03 & 04 OCEANA WEST INDUSTRIAL PARK," and said plat is recorded in the aforesaid Clerk's Office in Map Book 114, at page 14, and being further designated, known, and described as 536, 532 and 528 Viking Drive (respectively), Virginia Beach, Virginia; WHEREAS, it is proposed by the Grantee to construct and maintain an expansion of its parking facilities, to include the installation of related asphalt, concrete curbing, lighting, electrical conduit, drainage facilities, piping, bio-retention landscaping GPIN'S: 1496-56-8967-0000, 1496-57-8539-0000 and 1496-57-9853-0000 and fencing (chain link fence eight feet in height with a triple strand top), collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of the existing City's drainage easement known as Canal No. 2 and into a portion of a 35' City drainage easement, collectively, 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), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "EXHIBIT "A" SHOWING PARKING ENCROACHMENT AREA", 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 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 its engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 3 It is further expressly understood and agreed that the Grantee shall establish and maintain a combination of riparian buffer and other revegetated areas to compensate for impervious encroachments into the Encroachment Area. The riparian buffer and other revegetated areas shall not be established during the months of June, July, or August, so that they have the greatest likelihood of survivability. The riparian buffer and other revegetated areas shall be installed in accordance with the site plan drawings identified as sheets 11, 12 and 13 of 13 dated January 12, 2010 and . maintained on file in the Department of Planning, and shall satisfy all of the conditions imposed by the Chesapeake Bay Preservation Area Board at its meeting on August 24, 2009 and attached to this agreement as Exhibit "B". The Grantee shall notify the Department of Planning when the riparian buffer and other revegetated areas are complete and ready for inspection. 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 4 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 Public Utilities Department. It is further understood and agreed that the Grantee will provide a double gate along the northern property line of the collective properties, with a minimum sixteen (16) foot opening. Said gate is to be located between the existing parking lot and the top of bank. If the gate is locked, keys must be provided-to the City of Virginia Beach, Department of Public Works, Highway Operations Division. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said STIHL INCORPRATED, a Delaware corporation authorized to transact business in Virginia, has caused this Agreement to be executed in its corporate name and on its behalf by PETER MUELLER, its Executive 5 Vice President, with due authority to bind said corporation. 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) 6 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 2010, 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 Cler{c/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 2010, by ,CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) 7 STIHL INCORPORATED, a Delaware corporation ~i~ gy. ti ~ ~l~t - (SEAL) PETER MUELLER, Executive Vice President STATE OF VIRGINIA CITY/COUNTY OF ~~ ~~~~~ ~ n~?. , to-wit: The foregoing instrument was acknowledged before me this ~_ day of ~(ctcc`~ _, 2010, by PETER MUELLER, as Executive Vice President of STIHL INCORPORATED, a Delaware corporation. 5uaa^"Q ?~`~, (SEAL) Notary Public Notary Registration Number: 7a.~ 3~ 57 My Commission Expires: My Canmission Exnin?s .h~~^ ~^ ^^~^ ilRy Canmissian Expires June 30, 2013 ~, ;1L , ~,:~:. ;J ~; s , ll,~ .,( ~ ~ r ~ ~_~ :~ ~, -, r. ;~.~. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 8 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM NATURE Rebecca D. K in, ~ Deputy City Attorney >n~ J -c DEPARTMENT 9 ~~ TOP OF EXIST. _ CANAL B4NK 0 o ~o ~~ a ~a v 20 24" „~ RCP PIPE ~~ - \' 2F P~E- - ~.SfORI STRUCTURE (TYP; ~Z-~~ M.B. 114, PG. 14 GP/N.• 1496-69-3224 CANA` NO' CREEK N7a 5 BRIDGE ~ ~ 320.55 PROP. CULVERT LONDON TOP OF BANK 167.82 EXIST. PARKING S89' 17'26"E 5 02' 16"E~ EXIST. LIGHT ~ 180.06' S04'38'58"E S1 ~ POLE ~ ~ 9.5 SY VDOT 38.30_ ~ ~ , ~ EC=1 --- -PROP. LIGHT _'ry TOE OF J I ~ o EXIST. CANAL ~ N 4'-6" SDR35~"POLE TYP.) °r•° R _ --cr ~°. ' PVC ' CBPA BUFFE- r m ~ ~ r -- 50~ .~ ....::::• it ~~ ~ 1 -18" RCP ::~:::~~;~~:~:~83.,-12yy.,:~:~:?:; :;;.:;;.:: ", r~ 18 PIPE .> .;;:::.:?:•;•t} r;:-:, •:•tii~:- U' ~ ~ ~ c'n '~y,;, ~ a, ,,, GPIN.• 1496-56-8967 ~ ~~ _~ _ ~-, in M O d•"rte __-- U U` ~. ~ N N n r~i =~ ~ PROP. FlLTERRA ~' j 00' CBPA I _ ~ -+ _ ~ Sri (TYP.) A ~ _ _ _ S - _ L _ _ VARIABLE WIDTH_ CIJY BUFFER ~~ NOTES: _-__-- _ 1. THE ONLY BURIED CONDUIT ASSOCIATED WITH THIS PROJECT CONSISTS OF ELECTRIC ~ a ~ CONDUIT TO SERVE THE PARKING LOT . PARKING LIGHTING. '~ NCE 12. THERE IS NO PROPOSED FENCE ADJACENT I TO THE EXISTING CANAL. - I ON-SITE LANDSCAPING I II ~ 2 ARMSTRONG MAPLE 8 RED SUNSET MAPLE 20 LOBLOLLY PINE ~. ~ ~ ~ 9 WILLOW OAK I 12 JANE MAGNOLIA 7 EASTERN RED CEDAR I 29 ACOMA CREPE MYRTLE II I 903 BORDEUXCDWARF YAUPON HOLLY II I 49 BLUE PACIFIC JUNIPER I~ ~I I 46 SOUTHERN WAX MYRTLE ~ __~- 26'-4" PVC v 50' -'- 18 7.4 °' a 37'-18" RCP PIPE ~ ~ ~ E~ PROP. FENCE P RCP IP N WITH 16' GATE ~ ~ I o °' GPIN.• 1496-57- 539 o, ~ M EXIST. FENCE ~ ~, ^I GPI. 1496-57-9853 co ~~ i _ MI co w 0 M ~~ o zl `~' i 16.9' 6.6' I I~ 0 CENTERLI ~ OF 35' ~ ~ ORA/NAGS ~ SEMENT M. B. 1 ~ PG. 14 _ _ M.B. 1 PG. 24 . 1 ~~ 9_tt`28"W-- t - 159.68' R=111.01' R=1113.01' L=20.32' L=173.94' L~ VIKING DRIVE (60' R/W~ (M.B. 114, PG. 14)(M.B. 277, PG. 73) 100 50 0 100 200 scale feet 1 ~8'-15" RCP brnv: 1496-56-8967 EXIST. IMP. AREA=1,204.4 SOFT. a, PROP. IMP. AREA=2,339.3 SQ.FT. 0 ~? l GPIN.• 1496-57-8539 '~':~ EXIST. IMP. AREA=4,996.8 SQ.FT. PROP. IMP. AREA=7,957.3 SOFT. GPIN.• 1496-57-9853 ~ _ ~~ EXIST. IMP. AREA=O SOFT.-~ i ~ ~ ~~P. IMP. AREA=5,421.1 SOFT. -- - TOTAL EXIST AREA=6,201.2 SOFT. TOTAL PROP AREA=15,717.7 SQ.FT. N13'07'52"W 30.00' a o ~ EXHIBIT "A" ~'~~ SHOWING PARKING ~~° ENCROACHMENT AREA ~ ~ ~ VIRGINIA BEACH VIRGINIA . i i i L ~ '. c ~ ~ r U ~ o ~I ~ 9 ~ j Z N ~ -z m WaO ~_ ~ ~ J ~ Q Z a 3 ~ ~ ~° .U ~~J ~ 4 ~ Q ~+-1 9.. ~ ~ ~ W U 0 Z (n t~r+ ~ Z ~ Q d z ~~ O J U ~ O ~ ~ Q ~ z -= U ~, ,-.,~ J W Z ~ 4 O~ ~'~ 2J~~ ii ~a j ti cnUZ~ ~ ~ ~ ~ ~~R Q~Y~ a ~, Y ~owwZO o a ~ ~ ~°°' cn W F- C~ W Z r. x Q ~a~a~a 0 0 ~ z' aC~~w?cwnc' wO~Q ch ~ ~ ~ ~~aJQW~ o zZOZ~~~° ~ OwV`.~am Z H~?~ ~ Z~ o Q2 WZ ~ ~n V U J O Q r N _~ ~i.: ~, O Q- J V O m J~~UJNo~o 0 a ~ V~~U~co Z F- ~ wOZ~Va ~ _UW~ f Ft~~ Y J 2 VIKINGD 0~ @ ~1 ~=~Mb ~ w ~ ~ ~~ o a~~~ ZZZ ~ ~ o-tea o ~ Z=~,~ L'YNNHAVEN`PKW`~~~a ~ Z J Z $ ., - ~a a o ~~ C~`~ ,~. ~ Q C~ w w~ ~, Wmo 0 ~ ~ w ~Z ~~ ~ IX=DR ~ ` ~ Q ~ i-- P_HOEN V m° O ~~ Z m J °~ J ~~~, J <n bGV.• y~ o `~GN Q LONDON BRIDGE RD ~ ~ ~ d Q. m 0 a ~ ~ Md N3~VHNN.Il ~ V a ~~NNNflJEN ,~ y.ry ~ ~,.+^~ J n a f6 N Q N U f6 O U W hA i co d~0 .~ O s c/') Ca N i Q N U (6 O U W l1A c6 l'~A .~ O t/1 EXHIBIT "B" PROPERTY OWNER: STIHL, INC. PROPERTY ADDRESS: 528 VIKING DRIVE Application of: STIHL INC. - 528 VIKING DR. - GPIN 1496579853 -BEACH BOARD ACTION: APPROVED WITH CONDITIONS ON AUGUST 24, 2009. PROPOSED PROJECT: Construction of parking lots (197 spaces) to link with the existing Stihl parking facility to the south. 1. Apre-construction meeting shall be held with the CBPA Inspector prior to any land disturbance, including demolition. 2. Orange 36" re-enforced silt fence, for erosion and sedimentation control measures, shall be installed along the seaward limits of the project prior to any land disturbance and shall remain in place until such time as vegetative cover is established. Said silt fence shall be installed 10 ft. from proposed improvements. 3. Permanent and / or temporary soil stabilization measures shall be applied to all disturbed /denuded area(s) prior to a final building inspection or certificate of occupancy. 4. Construction limits shall lie a maximum of 10' outboard of improvements. 5. The construction access way shall be noted on the site plan, as well as the stockpile staging area. 6. Stormwater runoff from existing and proposed impervious cover at 528 & 532 Viking Drive shall be conveyed to stormwater management facilities (Filterra Units are proposed, however no filterra units are shown on the submitted site plan for existing impervious cover). Filterra units are also proposed for the additional parking facilities at 536 Viking Drive. Stormwater facilities shall be installed prior to the certificate of occupancy or release of the building permit. 7. Storm water calculations for pre and post impervious cover shall be based upon land area landward of water, marsh, and wetlands. 8. If and when the shoreline is hardened, arip-rap revetment shall be constructed in lieu of a vertical retaining structure (vinyl, timber or steel bulkhead). The toe of said 1 revetment shall lie at or landward of mean high water or tidal vegetated wetlands, unless the Wetlands Board determines that site specific conditions warrant a more seaward alignment. Said condition shall be so noted on the site plan. 9. **As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program concurrent with site plan approval. Payment shall be in the amount of $2,452.00 and is based on 25% of the proposed impervious cover within the landward 50' portion of the RPA. Said payment shall provide for the equivalent of an approximate 2,675 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin. 10.Areas that are currently in a natural state, shall remain in a natural state to include the forest floor (leaf litter) left intact. 11. Buffer restoration equal to the proposed amount of new impervious cover shall be installed. Said restoration shall be 200% of proposed impervious cover within the RPA inclusive of the variable width buffer and shall achieve the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with the Riparian Buffers Modification & Mitigation Guidance Manual, prepared by Virginia Dept. of Conservation & Recreation, Chesapeake Bay Local Assistance. The required restoration shall be in areas currently devoted to turf and shall have a mulch layer of organic material 4" - 6" in depth. Said mulched restoration areas shall be maintained and not removed or allowed to revert to turf in the future. The required trees shall be comprised of 50% deciduous and 50% evergreen species. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. It is understood that the required restoration may need to be installed on adjacent Stihl owned properties. The required landscape plan shall identify all restoration areas and turf zones. 12.A separate landscape /buffer restoration plan shall be submitted concurrent with the site plan detailing location, number, and species of vegetation to be installed. The landscape plan shall clearly delineate existing naturalized area (forest floor), planting beds, and turf zones. 13.The conditions and approval associated with this variance are based on the site plan sealed July 24, 2009, prepared by Hoggard Eure Associates. 14.A revised site plan shall be submitted to the Department of Planning, Development Services Center for review and approval prior to the issuance of a building permit. ** NOTE: The amount to be paid into the Lynnhaven River Oyster Heritage Fund may change based on the square footage of impervious cover shown on the final submitted site plan. ***NOTE: The applicant is responsible for removal of the Chesapeake Bay Preservation Area Variance Signs posted on the property. Said signs shall be 2 removed within 5 days after the Board renders a final decision on the variance request. Failure to remove the signs within 5 days is a violation of Section 713(E) of the Chesapeake Bay Preservation Area Ordinance. NOTE: All land disturbances over 2,500 sq. ft. requires a Virginia Stormwater Management Programs Permit. Mr. Sean Marsden, Hoggard Eure Associates, agent, appeared before the Board on behalf of the applicant. Mr. Ted Quinter, Production Manager for Stihl, was also present. There was no opposition present. A motion was made by Mr. Thomas and seconded by Mr. Levinson to approve the variance request with the 14 conditions listed above. AYE 8 NO 0 ABSTAIN ~ 1 ABSENT 0 DIN AYE EVANS AYE LEVINSON AYE MARTIN AYE MCCOY ABSTAIN MCNULTY AYE SCHMIDT AYE THOMAS AYE WOOD AYE Mr. Wayne McCoy abstained from the voting since he performed the wetlands delineation. 3 I! I I w ~. o0~~002. BK3266PG2f94 THIS AGREEMENT, made this !fo'~Cday of E , 19~, by and between the CITX OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, party of the first part, Grantor, and STIHL, INCORPORATED, a Delaware Corporation, ITS HEIRS, ASSIGNS AID SUCCESSORS IN TITLE, party of the second part, Grantee. W I T N E S S E__T Imo: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a parking lot addition and: a chain link fence eight feet in height with a triple strand top in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such parking; lot addition and fence, it is necessary that the said party of the second part encroach into a portion of the City's easement: known as Canal No. 2; and said party of the second part has ` requested that the party of the first part grant a temporary encroachment to facilitate such parking lot addition and fence; within a portion of the City's easement known as Canal No. 2. . NOW, 'THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One ~' Dollar ($1.00), in hand paid, to the said party of the first '~ part, receipt of which is hereby acknowledged, the party of the .i '~ first part doth grant to the party of the second part a temporary ;i I encroachment to use a portion of the City's easement known as ~ Canal No. 2 for the purpose of constructing and maintaining such i parking lot and fence. ~- CPIN 1496-57-8044 & 1495-66-1869 ~~ ~~ RK326OPG2195 It is expressly understood and agreed that such 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 of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's easement known as Canal No. 2 as ' shown on that' certain plat entitled: "STIHL, INC. PARKING ADDITION, O.W.I.P. Virginia Beach, Princess Anne Borough, Virginia, OVERALL LAYOUT, Date: 4/19/93, SCALE: 1 "=100'," a copy of which is attached hereto as EXHIBIT "A" and to which reference is made for a more particular description. An area of encroachment into a portion of the City's easement known as Canal No. 2 as shown on that certain plat entitled: "PART SITE PLAN OF STIHL INCORPORATED PROPERTY SHOWING PROPOSED FENCE AT NORTH OF PROPERTY. SCALE 1" = 100' APRIL 4, 1993," a copy of which is attached hereto as Exhibit "B" and to which reference is made for a wore particular description. It is further expressly understood and agreed that the ~ temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's easement known as Canal No. 2 by the party of the second part; and that the party of the second part shall bear all casts and expenses of such removal. 2 EK~260PG2196 It is further expressly understood and agreed that the: party of the second part shall indemnify and haid harmless the; City of Virginia Beach, its agents and employees, from and; against all claims, damages, losses and expenses including; reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of. such temporary encroachment. It is further expressly understood and agreed that; nothing herein contained shall b~ construed •to enlarge such permission and authority to permit the maintenance or! i construction of any encroachment other than that specified herein. and to the limited extent specified herein, nor to permit the j I maintenance and construction of any encroachment by anyone other) than the party of the second part. i It is further expressly understood and agreed that thej i party of the second part agrees t.o maintain said encroachment soi as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must obtain a permit from the) Development Services Center prior to commencing any construction, within the City's right-of-way. It is further expressly understood and agreed that: prior to issuance of a Highway permit, the party of the second; part must post a Performance Hond and show proof of public; lia5ility insurance of a minimum of Three Hundred Thousand. Dollars ($300,000). 3 BK326oPG2i97 It is further expressly understood and agreed that the; party of the second part shall submit for review and approval, a survey of the area being encroached upon, certified by a professional engineer, and/or "as built" plans of they encroachment, if required by either the City Engineers Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the' party of second part ~~ill provide a double gate along the; northern property line with a minimum sixteen (16} foot opening.! Said gate to be located between the existing parking lot and the! top of the bank. Tf gate is locked, keys must be provided to thei City of Virginia Beach, Department of Public Works, Highways; Division. ' It is further expressly understood anti agreed that thei party of the first part, upon revocation of such aci':.hority and permission so granted, may remove any such encroachment and; charge the cost thereof to the party of the second part, and; collect the cost in any manner provided by law far the collection of local or state taxes; may require the party of the second part, to remove such temporary encroachment; and pendi.nq such removal, the party of the first part may charge the party of the Second part compensation for the use of such portion of the City's easement encroached upon the equivalent of what would be the rea l property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City 4 ~K3260PG2198 shall impose a penalty in the sum of One Hundred Dollars: ($100.00) per day for each and every day that such encroachment! is allowed to continue thereafter, ana shall collect such; compensation and penalties in any manner provided by law for the; i collection of local or state taxes. IN WITNESS WHEREOF, the said STIHL, INCORPORATED has' caused this Agreement to be executed in its corporate name and on~ its behalf by its president, and its corporate seal to be hereto` affixed and duly attested by its corporate secretary with duel authority by its boaxd of directors. Further, that the City ofd Virginia Beach has caused this A~reament to be executed in its i name and on its behalf by its City Mans~ger and its seal bei I hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH City Manager/Author zed Designee of the City Manager] (SEAL) ~ ATTEST: - Gyps G/ City Clerk STIHL, INCORPORATED, a De~ /.,I~TLI Coles- l~~Lr, By Peter Mueller, Executive Vice President (SEAL) ATTEST: ..ROVED AS TO CONTENT df C, D (Tltle) 51 TORE ~s DEPARTMEA7 APPROI~ED ~~S TO 5 LE~r=« SL''~'iC1i_NCY •` ~• ~ ~ BK3260P62199 ~~ a ;~ STATE OF VIRGINIA i~ CITY OF VIRGINIA BEACH, to-wit: `~ I ~.~'~ ~ .~C~L %25 a Notary ~{ f ~+ Public in and for the City and State aforesaid, do hereby certify i / that ~~• ~~~'/~ ~- / a-~t r-r --J~ CITY MANAGER/AUTHORIZED DESIGNEE ri ~~ OF THE CITY MA~iAGER PURSUANT TO SECTION 2-154 OF THE CITY CODE, it whose name is signed to the foregoing Agreement bearing date on ~~ ~; the %~o?'`~ day of `v~~A--~ 19~, has acknowledged the , same before me in my City and State aforesaid. `: - - ~' GIVEN under my hand this /i'J~ day of Iy s~ ii I9~. ~ If J Notary P blic i My Commission Expires : //3 ~ ~f75 •:; STATE OF VIRGINIA ~ CITY OF VIRGINIA BEACH, to-wit: '; f t, i + I , ~ r I}~2 ~ cy,0 ,(,e,E /~/o,e ~ ,u~,$ a Notary Publ i c ,~ in and for the City and State aforesaid, do hereby certify that' ~i RUTH HODGES SMITH, City Clerk far the CITY OF VIRGINIA BEACH, ~~ !; whose name is signed to the foregoing Agreement bearing date on. the 16 ~ day of l9 `~~, has acknow].ec?ged the '~ same before one in my City and State aforesaid. GIVEN under my hand this ~ day of ~~`" , ;~ 19 ~j v'Aa ar Public My Commission Expires: (~ ~3J~g`~ ~f I, ~ i i ,~ . 1' . {~ !~ ;k ~; !i ~~ ~, ,~ ;I BK32bOP1~2200 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I , .~"~~~7~5 ~ ~Q~~ ~ ~ /~ , a Notary Public in and for the City and State aforesaid, do hereby certify that, FETER MUELLER, Executive Vice President, an behalf of 5tihl,. Incorporated, whoWe name is signed to the foregoing writing,; bearing date the ~ day of , 19~, has acl.nowledged the same before me in my City and State aforesaid.; Given under my hand this ~ day of J~ .p 19~. _~o~~s ~ ~~0~~6.,~ Notary Public My Comn'ssion Expires: l~3 ~~/ 9 95 CBC/gs 05/03/93 (stihl.agtj y 7 BK3260PG220 EXF!IBIT "A" - -"~. i 1 ,~• ~~i i~ ~ , i ; .,.~i..... - ,..~ Y ~A 'fa i~ i z ~ ai~ ~ _ _-_- r ' ~ ~I~~. i . et t'S - - t- ~ :-~.-- ~ - .~.... tp : • KUi . I ' gip.-_ _. LYNNNAYEN PARKWAY J` -1 _ ~ - i ~`"l' -~ _ Ili ~ ~, I I ~~ ~~yy w~ z ~~ -- i ' EXHIBIT "A" gK 3 2 6 0 PG 2 2 0 2 ll'F~ +ar~w rws l , r t 9rf! a rw of .~, ~.ara rr fmm~ s w.~nnnfo a r^wow rnunf. w a n .. ,. ~`ior'ni' :aa.e aAiun ^ m,rfl~.f +rv wiufi,r^.r°i+~o•iv ,ma s a ,r o• f• ~ W 1 • 1ifpi.`m'liw~'^isn~w n m~nn~yr ~ciw.. waorl ,ef[ r0 Pf^Ir f, r• w HA IClrrr rYpll ~ M.Zr Y /lf.w rltMew ,^,Irrf ,. larr 1•f /. Oa .., rrYFf~ L frw fr01. fff ^M r. t. t.,l OaM,.r ~4t f~,w ~Iwm 1~,.Y11 1. wra r, MI•,1r1. ,. rrarr f.f. rra srrr . rr ~nf f f.e. frm r. rs• mw, arorr r Iwwr rarw as rrfvr wwrlfsn err i./r fl.r. a f.r ~a. n, rr.^rf wnw, 'r' ~'f' is u+w^s ~ws 6r. r. r. v a ~ i N.ri. µiwi a rw ivt f rmflw f• wr rrr roar. mw. rrf r. Irv, v. rf w.ew rr a rRrun a an,~~m f Yr rur w I^rIm Ir rnnrnrw ^n v sou m n. r. sra, frrrr rrw rrf r ar^ n, wrrraa maw •rw r warm. aoa fa, a• ufr ram^u. ^w wrwrt rs m uw ,rrw. ,r. m r r anrlr snir, of moan wow p rr ar^,~ r.c4m. _- ^ ~ ~TGD nar , t ~ jap~~GµTW p~ ,~ l `~SPECfRA CROUP f» vrf= fawn art v.ar f1lpf r,v.. flrf o mn;~ ~ y STIFiL, INC. t~/ PARKING ADDITION V~y,uwi,~ ( O.w.LP. +~ / +.~~ fro« tua n.rmf rrrw farafor .ver.. ~`L ~ OVERALL LAYOUT r. . v~, cn y `m •~ ~ J ~ T x 4' w b r1 ~ a' -'m ~~ ~ ~~ - y ~/ ~ • n;.' A. ~d R=20.00' PROVIDE DOUBLE GATE WITH TOTAL ~~ ~ ~ A=31.11' OPENING OF_16' AT VA POWER EASEMENT ~ _~ «+ S 86'52'38" W 649.99 +tb X~~N NEW 8' HIGH (PLUS TRIPLE STRAND) +-~ Z~.,,~+~ FENCE FRUM 50' FROM VIKING DRIVE ~'nN+in TO LOW WATER MARK OF CANAL #2 ~I ~- o~~w U:+~ < < R 60.00' ~ t A 60.97' ;, R=580.83' A=58.05' y ~\ R=60.00' J 'a'~ ~A-74.39' \` 1` -------- ~, IF ~ • c~ c~ / zz¢ ~, eo.oo' w A= 1.07' ~ 1~ ` ~ X a ¢ it f ~ / / ~~~, f~ ~ _ ~ I \ ` I EXISTING BUILDING ~~C ~~~/="~- t ~ I ' 11 ~r"` ' W O y ~X 1 ~` ~', ~, m ~~ ~ ~ ~ ~ ~ ' ~ ~ 4 .v 1 ~o ~ , ,%~/ ~~ ~~ 4 '' S 67'2 '08" IE~' I l ~ 13.67' ~ + ` ' r N 86~08'S1 ------ --~x-----~. - 11.4511 ~ ~ `~ ~ ~ i ~ v 1 , ~~ t + ' + + ~' ~ ` ~ ~ x ~l 1 ~ ~` x ' ~ 1 1 ~'.+ r `~ ~ 1 PART SITE PLAN OF STIHL INCORPORATED PROPERTY SHOWING PROPOSED FENCE AT' NORTH OF PROPERTY. SCALE 1"=100' APRIL 4, 1993 - 45 - Item K.9. ORDINANCES/RESOLUTIONS ITEM # 59820 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the City Manager to grant Franchise Agreements re Open Air Cafes: New (One Year): a. Holiday Inn Sunspree Cafe b. Cancun Fiesta Cafe Renewals (Five Year): a. 11 `" Street Cafe -Atlantic Avenue b. 11'" Street Cafe -Boardwalk c, Albie's Pizza d. Black Angus Cafe e, Catch 31 Cafe f. Dough Boys 24`" Cafe g. Marriott Courtyard Cafe h. Planet Pizza i. Rockfish Boardwalk Bar and Sea Grill Cafe 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 April. 13, 2010 1 AN ORDINANCE GRANTING ELEVEN 2 FRANCHISE AGREEMENTS FOR OPEN AIR 3 CAFES IN THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 6 the City Manager to promulgate Open Air Cafe Regulations, which have been amended 7 from time to time, for the operation of open air cafes on public property; and 8 g WHEREAS, the regulations originally prohibited sidewalk cafes on Atlantic 10 Avenue between 15t" and 24t" streets; and 11 12 WHEREAS, Council adopted a resolution on March 23, 2004 establishing a pilot 13 program to allow, on an experimental basis, open air cafes on Atlantic Avenue between 14 20t" and 23rd Streets; and 15 16 WHEREAS, based upon the success of the pilot program, Council adopted an 17 ordinance on March 8, 2005 authorizing sidewalk cafes on Atlantic Avenue between 18 15t" and 24t" Streets; and 19 20 WHEREAS, the City Council has traditionally granted initial franchises for one- 21 year terms; and 22 23 WHEREAS, if an open air cafe is successfully operated during the initial one- 24 year term, the franchisee may return to Council and request afive-year franchise 25 agreement; and 26 27 WHEREAS, Aqua Investment Associates, L.P., t/a Holiday Inn Sun Spree Cafe, 28 and ANSHI, Inc., t/a Cancun Fiesta Cafe, are seeking one-year franchise agreements. 29 The first is for the operation of a Boardwalk Cafe located at 39t" Street, and the second 30 is for the operation of an Atlantic Avenue Sidewalk Cafe located at 1516 Atlantic 31 Avenue; and 32 33 WHEREAS, the following nine (9) entities have successfully operated open air 34 cafes pursuant to either one-year or five-year franchise agreements, and are seekinq~ 35 renewal of their franchise agreements for five year terms: (1) 11t" Street, L.C., t/a 11t 36 Street Cafe, for operation of an Atlantic Avenue Side Street Cafe; (2) 11t" Street, L.C., 37 t/a 11 t" Street Cafe, for operation of a Boardwalk Cafe; (3) Calabrese Management 38 Group, Inc., t/a Albie's Pizza Cafe, for operation of an Atlantic Avenue Side Street Cafe; 39 (4) ACA Corporation, t/a Black Angus Cafe, for operation of an Atlantic Avenue 40 Sidewalk Cafe; (5) Thirty-First Street, LLC, t/a Catch 31 Cafe, for operation of a 41 Boardwalk Cafe; (6) Virginia George Company, t/a Dough Boys 24t" Cafe, for operation 42 of an Atlantic Avenue Sidewalk Cafe; (7) Apple Eight Hospitality Ownership, Inc., t/a 43 Marriott Courtyard Cafe, for operation of a Boardwalk Cafe; (8) Planet Pizza, Inc., t/a 44 Planet Pizza Cafe, for operation of an Atlantic Avenue Sidewalk Cafe; and (9) 45 Tradewinds, L.C. and Rockfish Sea Grill, LLC, t/a Rockfish Boardwalk Bar and Sea Grill 46 Cafe, for operation of a Connector Park Cafe; and 47 48 WHEREAS, the Convention and Visitors Bureau recommends that the above- 49 named entities be granted open air cafe franchise agreements. 50 51 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 52 VIRGINIA BEACH: 53 54 1. That the City Council hereby grants one-year franchise agreements to (1) 55 Aqua Investment Associates, L.P., t/a Holiday Inn Sun Spree Cafe; and (2) ANSHI, Inc., 56 t/a Cancun Fiesta Cafe, subject to the terms and conditions of all ordinances, 57 resolutions, and regulations applicable to open air cafes. 58 59 2. That the City Council hereby grants five-year franchise agreements to (1) 60 11tH Street, L.C., t/a 11tH Street Cafe, for operation of an Atlantic Avenue Side Street 61 Cafe; (2) 11 to Street, L.C., t/a 11 to Street Cafe, for operation of a Boardwalk Cafe; (3) 62 Calabrese Management Group, Inc., t/a Albie's Pizza Cafe, for operation of an Atlantic 63 Avenue Side Street Cafe; (4) ACA Corporation, t/a Black Angus Cafe, for operation of 64 an Atlantic Avenue Sidewalk Cafe; (5) Thirty-First Street, LLC, t/a Catch 31 Cafe, for 65 operation of a Boardwalk Cafe; (6) Virginia George Company, t/a Dough Boys 24tH 66 Cafe, for operation of an Atlantic Avenue Sidewalk Cafe; (7) Apple Eight Hospitality 67 Ownership, Inc., t/a Marriott Courtyard Cafe, for operation of a Boardwalk Cafe; (8) 68 Planet Pizza, Inc., t/a Planet Pizza Cafe, for operation of an Atlantic Avenue Sidewalk 69 Cafe; and (9) Tradewinds, L.C. and Rockfish Sea Grill, LLC, t/a Rockfish Boardwalk Bar 70 and Sea Grill Cafe, for operation of a Connector Park Cafe, subject to the terms and 71 conditions of all ordinances, resolutions, and regulations applicable to open air cafes. 72 73 Adopted by the City Council of Virginia Beach, Virginia on this 1 3th day of April, 74 2010. Approved as to Content: Approved as to Legal Sufficiency: 7 ~ , c< SGA/Resort Management Office City Attorney's ffice CA11476 R-1 March 23, 2010 -46- Item K.10. ORDINANCES/RESOLUTIONS ITEM # 59821 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinances to ACCEPT and APPROPRIATE: a. $47, 900 from Homeland Security to the Fire Department re continuation of the Citizen Corps Council (CCC) and the Community Emergency Response Team programs (CERT) b. $55,158 from the Juvenile Accountability Block Grant FY 09-10 to Human Services re reducing juvenile delinquency for those with intense mental health disabilities: • $49, 642 from Criminal Justice Services • $2, 758 from increased State Revenue • $2, 758 from City FY 2009-10 Court Services Unit c. $30, 000 from DEA Seized Property Special Revenue Fund to the Police re payment for seized vehicles; $1 S, 340 surveillance equipment and $350, 000 for completion of the Police Training Facility (tactical simulation building 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 April 13, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY TO THE FY 2009-10 OPERATING BUDGET OF THE FIRE DEPARTMENT TO CONTINUE THE CITIZEN CORPS COUNCIL AND COMMUNITY EMERGENCY RESPONSE TEAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That grant funds in the amount of $47,900 are hereby accepted from the United States Department of Homeland Security through the Virginia Department of Emergency Management and appropriated, with estimated federal revenues increased accordingly, to the FY 2009-10 Operating Budget of the Fire Department to continue the Citizen Corps Council and Community Emergency Response Team. Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of April _, 2010. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content /~ ~ , ~ anagem nt ervices Approved as to Legal Sufficiency y A ey's Office CA11479 R-4 March 26, 2010 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE JUVENILE ACCOUNTABILITY BLOCK GRANT 3 TO THE FY 2009-10 OPERATING BUDGET OF THE 4 DEPARTMENT OF HUMAN SERVICES 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 (1) $49,642 in federal pass-through funding from the Virginia Department of 8 Criminal Justice Services is hereby accepted and appropriated, with federal revenue g increased accordingly, to the FY 2009-10 Operating Budget of the Department of 10 Human Services; 11 12 (2) $2,758 in state funding from the Virginia Department of Criminal Justice 13 Services is hereby accepted and appropriated, with state revenue increased 14 accordingly, to the FY 2009-10 Operating Budget of the Department of Human 15 Services; 16 17 (3) $2,758 is hereby transferred from the FY 2009-10 Operating Budget of the 18 Court Services Unit to the FY 2009-10 Operating Budget of the Department of 19 Human Services, with revenue from local sources increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of April 2010. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: anagemen ervices ity ney's Office CA11490 R-2 March 31, 2010 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE 2 DEA SHARED ASSET SPECIAL REVENUE FUND 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA, THAT: 5 1) $30,000 is hereby appropriated from the fund balance of the FY 2009-10 g DEA Seized Property Special Revenue Fund to the FY 2009-10 Operating 7 Budget of the Police Department to pay federal agencies for seized vehicles g from federal investigations and transferring their ownership to the City of g Virginia Beach~Police Department; 10 11 2) $15,340 is hereby appropriated from the fund balance of the FY 2009-10 12 DEA Seized Property Special Revenue Fund to the FY 2009-10 Operating 13 Budget of the Police Department to purchase of surveillance equipment; 14 15 3) $350,000 is hereby appropriated from the fund balance of the FY 2009-10 16 DEA Seized Property Special Revenue Fund to CIP Project 3-229, Police 17 Training Facility to complete the expansion of the tactical simulation training 1 g building. 19 Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of April 2010. Requires an affirmative vote by a majority of all of the members of City Council Approved as to Content: Approved as to Legal Sufficiency: ~ ;~ ~~- ~ ~ r Management Services C y A ey's Office CA11489 R-2 March 30, 2010 -47- Item K.11. ORDINANCES/RESOLUTIONS ITEM # 59822 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinances to TRANSFER: a, e ~ ~-~,-o-~~ $424.000 from the General Fund Reserve for Contingencies re Tax Relief for the Elderly and Disabled Program b. $172,283 from the General Fund Reserve for Contingencies to the General Registrar to cover the cost of the June 2010 Republic Primary Election c. $1,460,547 from Debt Service savings to Risk Management Internal Service Fund re insurance premiums and self insurance claims 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 April. 13, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO TRANSFER FUNDS FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 2009-10 OPERATING BUDGET FOR THE TAX RELIEF FOR THE ELDERLY AND DISABLED PROGRAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $424,000 is hereby transferred from the General Fund Reserve for Contingencies to the FY 2009-10 Operating Budget for revenue reimbursements to fully fund the Tax Relief for the Elderly and Disabled Program. Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ 3th day of ~pri 1 , 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: !, / / ~ f. ~ _ Managem nt ervices i y A ney's Office CA11480 R-2 March 23, 2010 1 2 3 4 5 6 7 8 9 AN ORDINANCE TRANSFERRING FUNDS TO PAY FOR THE JUNE 2010 PRIMARY ELECTION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $172,283 is hereby transferred from the General Fund Reserve for Contingencies to the FY 2009-10 Operating Budget of the General Registrar to fund the June 2010 primary elections. Adopted by the Council of the City of Virginia Beach, Virginia on the ~ 3th day of ~~-~~_, 2010. Approved as to Content ~ ~, i~ ~~~ ~' ~`--- anage ent ervices Approved as to Legal Sufficiency ity A ney's Office CA11486 R-2 March 25, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO TRANSFER FUNDS FROM DEBT SERVICE SAVINGS TO THE RISK MANAGEMENT INTERNAL SERVICE FUND TO PAY FOR INSURANCE PREMIUMS AND SELF- INSURANCE CLAIMS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $1,460,547 of debt service savings is hereby transferred to the Risk Management Internal Service Fund for insurance premium and self-insurance claims. Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ 3th day of Anri 1 , 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /~ ~. s~, Manag me Services City orney's Office CA11477 R-3 March 23, 2010 -48- ITEM # 59823 L. PLANNING 1. NEW BEGINNING DELIVERANCE OUTREACH MINISTRIES, INC. 2. DCW ENTERPRISES, INC. d/b/a COLORPRO/TEL AND ASSOCIATEES, LP 3. CENTRO EVANGELISTICO HISPANO PIE LEASING, INC. 4. NEW CINGULAR WIRELESS PCS LLC T/A CITY OF VIRGINIA BEACH S. KARINPHILLIP, INC./PARR PROPERTIES, LLC 6. TAMI WALKER MOOK 7. ROBERT RAMSAY 8. RESOL UTION REFER TO PLANNING COMMISSION CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT proposed amendments to the City Zoning Ordinance (CZO) §111 and 212 re electronic display signs (LED) April. 13, 2010 - 49 - Item L. PLANNING ITEM # 59824 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1 , 2, 3, 4, S (ALLOW WITHDRAWAL) and 7 of the PLANNING BY CONSENT AGENDA: 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 April 13, 2010 -50- Item L.1. PLANNING ITEM # 59825 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of NEW BEGINNING DELIVERANCE OUTREACH MINISTRIES, INC. for a Conditional Use Permit re a church at 4992-5 Euclid Road: BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of NEW BEGINNING DELIVERANCE OUTREACH MINISTRIES, INC. for a Conditional Use Permit re a church at 4992-5 Euclid Road; (GPIN #14770397190000) DISTRICT 2 - KEMPVILLE 8041035402 The following conditions shall be required: 1. The number of individuals attending any one service shall not exceed the occupancy number to be established by the City's Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 3. This Conditional Use Permit is valid for three (3) years from the date of adoption by the Virginia Beach City Council. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth of April, Two Thousand Ten Voting: I 1-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Diezel, Robert M. Dyer, Barbara Mayor William D. Sessoms, Jr., John L. Wood Council Members Voting Nay: None Council Members Absent: None William R. "Bill " DeSteph, Harry E. M. Henley, Vice Mayor Louis R. Jones, E. Uhrin, Rosemary Wilson and James April 13, 2010 -51- Item L.2. PLANNING ITEM # 59826 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED an Ordinance upon application of DCW ENTERPRISES. INC. d/b/a COLORPRO/TEL AND ASSOCIATES, LP for a Conditional Use Permit re an auto body and paint shop at 4911 Potomac Street: BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of DCW ENTERPRISES. INC. d/b/a COLORPRO/TEL AND ASSOCIATES, LP for a Conditional Use Permit re an auto body and paint shop at 4911 Potomac Street; (GPIN #14771448920000) DISTRICT 2 - KEMPSVILLE 8041035403 The following conditions shall be required: 1. All motor vehicle repairs shall take place within the building. 2. There shall be no outside display or storage of equipment, parts or materials. 3. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 4. There shall be no storage containers outside the building or within parking spaces. 5. A Certificate of Occupancy shall be obtained from the Building Official for the appropriate use group. This Ordinance shall be effective in accordance with Section 107 (f~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth of April, Two Thousand Ten 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 Apri113, 2010 -52- Item L.3. PLANNING ITEM # 59827 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of CENTRO EVANGELISTICO HISPANO PIE LEASING INC. for a Conditional Use Permit re a church at 4999 Cleveland Street. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CENTRO EVANGELISTICO HISPANO PIE LEASING INC. for a Conditional Use Permit re a church at 4999 Cleveland Street; (GPIN # 14679454570000) DISTRICT 2 - KEMPSVILLE 8041035404 The following conditions shall be required: 1. The number of individuals attending any one service shall not exceed the occupancy number to be established by the City's Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 3. This Conditional Use Permit is valid for three (3) years from the date of adoption by the Virginia Beach City Council. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth of April, Two Thousand Ten 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 April 13, 2010 -53- Item L.4. PLANNING ITEM # 59828 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of NEW CINGULAR WIRELESS PCS. LLC T/A AT&T/ CITY OF VIRGINIA BEACH for a Conditional Use Permit re a communication tower at 408 Sandbridge Road BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of NEW CINGULAR WIRELESS PCS. LLC T/A AT&T/ CITY OF VIRGINIA BEACH for a Conditional Use Permit re a communication tower at 408 Sandbridge Road; GPIN # 243401191030000 DISTRICT 7 -PRINCESS ANNE 8041035405 The following conditions shall be required: The lease area shall be developed substantially in accordance with the submitted plan entitled "Sandbridge Beach Site No. NF302C 408 Sandbridge Road, Virginia Beach, VA 23456 ", dated 11/30/09, and as revised 02/02/10, and prepared by BC Architects Engineers. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. As provided for by Section 2320(1) of the City Zoning Ordinance, yard and tower setbacks as depicted on the plan shall supersede the setbacks provided by the City Zoning Ordinance. 2. The applicant shall submit a structural report for the tower to be designed at a 150-mph sustained wind speed and a 110-mph sustained wind speed for the proposed maintenance building. Both wind speed criteria shall also include the maximum importance factor and an exposure factor "D ". 3. The applicant shall improve the entrance to the site in accordance with the Public Works Department Specifications and Standards for commercial entrances. The proposed tower shall not exceed one hundred seventy-five (175) feet in overall height. 4. The tower shall be painted and maintained. The finish coat shall be with exterior paint ICI Devoe, Devthane 379 Aliphatic Urethane Gloss Coating finish, TNEMEC Steel Blue (TNEMEC color GB21). 5. Unless a d~erent type is required by the Federal Aviation Administration (FAA), the applicant shall install a FAA Aircraft Obstruction Warning Light, type 6 LED OLI FAA TYPE L-180 SINGLE AND DOUBLE OBSTRUCTION LIGHT, red in color, on the tower. 6. The proposed equipment building shall be similar in design and color as the Sandbridge Fire Station building and deigned in substantial conformity with the building elevation shown on Sheet A-3 of the Site Plan set referred to in Condition 1. The existing maintenance building on the site of the water tower shall be painted by the applicant to match the exterior color or the wireless equipment building located on the applicant's lease area. 7. The applicant shall install an enclosure around the generator pad for the purpose of screening the generator from Sandbridge Road, as depicted on Sheet A-3 of the Site Plan set referred to in Condition 1. Said enclosure shall be constructed of the same materials and shall be the same color as the exterior walls of the equipment building. April 13, 2010 -54- Item L.4. PLANNING ITEM # 59828 (Continued) 8. The applicant shall plant (2) two Japanese Black Pine trees, a minimum of two (2) inches in caliper, and four (4) Pampas grasses, a minimum of thirty-six (36) inches in height, at the southeast and southwest corners of the site. 9. The applicant shall provide the Department of Planning with a copy of the Notice of Presumed Hazard letter from the FAA prior to the issuance of building permits for any portion of the tower. 10. In the event interference with any City emergency communications facilities arises from the user(s) of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within seven (7) days, the user shall cease operation to the extent necessary to stop the interference. 11. In the event that antennas on the tower and/or the tower are inactive for a period of one (1) year, the tower shall be removed at the applicant's expense. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth of April, Two Thousand Ten 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 April 13, 2010 -55- Item L.S. PLANNING ITEM # 59829 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ALLOWED WITHDRAWAL, BY CONSENT, of Ordinances upon application of RARINPHILLIP, INC./PARK PROPERTIES, LLC re a tattoo parlor at 114 South Witchduck Road (GPIN #1467830480000): Change of Zoning from I-1 Light Industrial to Conditional B-2 Community Business District Conditional Use Permit 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 April 13, 2010 -56- Item L. 6. PLANNING ITEM # 59830 He following registered in OPPOSIITON.• Tami Walter Mook, the applicant, represented herself and advised in June 2006, she requested a business licenses to open a retail and motor cycle shop. She was granted the retail license, but at the time was not able to open the service department. In December 2006, she received the permit for the service department and was instructed this parcel was zoned small engine repair. She could not do repair work on cars. Kevin Pyne, 503 16`" Street, (Mayor gave him the time of Karin Pyne, his wife) Ten-year residents directly behind the applicant. In nice weather, motorcycles "come and go ". There is constant activity from very large machinery. Mr. Pyne distributed a petition in opposition to be made a part of the record. Upon motion by Councilman Uhrin, seconded by Councilman Diezel, City Council ADOPTED, with REVISED CONDITIONS, Ordinance upon application of TAMI WALKER MOOKfor a Conditional Use Permit re small engine repair at SOl Virginia Beach Boulevard (this was deferred on 3/23/10). BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of TAMI WALKER MOOK for a Conditional Use Permit re small engine repair at 501 Virginia Beach Boulevard (GPIN #24270636540000) DISTRICT 6 -BEACH 8041035406 The following conditions shall be required: 1. The hours of operation for the retail and service department are Monday, Tuesday, Thursday and Friday from 10: 00 A.M. until 6:00 P.M. and on Saturdays from 10: 00 A.M. until 5:00 P.M.. 2. There shall be no outside repair of engines and motorcycles on the site. 3. There shall be no outside storage of equipment, engines, tools, fuel or motorcycles on the site. 4. Engine repair work is to be done with the doors and windows closed. 5. The applicant shall provide additional sound insulation along the walls and the ceiling of the area where the engines are in use to muffle the sounds of motors. 6. A Certificate of Occupancy shall be obtained from the Building Official for the appropriate use group. 7. The Zoning Administrator shall annually evaluate whether the conditions have been adhered to. If the evaluation reveals that the conditions are being met, the use permit shall be renewed for an additional year, with an annual evaluation thereafter. If the evaluation reveals that the conditions are not being met, the Zoning Administrator shall refer the use permit to the City Council for revocation. April 13, 2010 -57- Item L. 6. PLANNING ITEM # 59830 (Continued) This Ordinance shall be effective in accordance with Section 107 (n of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth of April, Two Thousand Ten Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and .lames L. Wood Council Members Voting Nay: None Council Members Absent.• None April 13, 2010 -58- Item L. 7. PLANNING ITEM # 59831 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of ROBERT RAMSAY for a Conditional Use Permit re a firewood preparation at 3025 New Bridge Road (deferred 3/23/10). BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ROBERT RAMSAY for a Conditional Use Permit re a firewood preparation at 3025 New Bridge Road (deferred 3/23/10) (GPIN # 241383286100000). DISTRICT 7 -PRINCES ANNE 8041035407 The following conditions shall be required: 1. The firewood preparation facility shall be conducted within the fenced interior of the property behind the house and garage. 2. Retail Sales of firewood, mulch and farm products are prohibited. 3. Fire Department access shall be provided at all times to any structure located on the property. The on-site road surface shall be maintained and shall be capable of supporting a 75, 000 pound load. 4. Hours of operation will be Monday through Saturday from 8: 00 A.M. until 7:00 P.M. only. 5. All junk, debris, parts, old tires, other discarded items, inoperable vehicles, boats and equipment not associated with the firewood preparation facility shall be removed from the site. 6. The Zoning Administrator shall annually evaluate whether the conditions have been adhered to. If the evaluation reveals that the conditions are being met, the use permit shall be renewed for an additional year, with an annual evaluation thereafter. If the evaluation reveals that the conditions are not being met, the Zoning Administrator shall refer the use permit to the City Council for revocation. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth of April, Two Thousand Ten April 13, 2010 -59- Item L. 7. PLANNING ITEM # 59831 (Continued) Voting: 11-0 (By Cousent) 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 April 13, 2010 -60- Item L.8. PLANNING ITEM # 59832 Tom Ward, 201 78`" Street, Phone: 428-8949, represented and confirmed the support of the Beautification Commission . He requested a Committee be formed to review the Ordinance with the Planning Commission and come forward with a final ordinance. However, the action last week leaves the flood gates open for totally unregulated signs. These signs are designed to "get your attention ". Without regulations, they are a safety issue and do nothing but add visual clutter to the driving public. The City Attorney advised the Resolution would immediately refer this matter to the Planning Commission and would require the Planning Commission to report back to City Council no later than June 9, 2010, at which time the City Council could place the item immediately on the Agenda for consideration in June. Council Lady Henley advised there have been ten (10) signs since March Thirty-first Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution to REFER to the Planning Commission proposed amendments to the City Zoning Ordinance (CZO) X111 and 212 re electronic display signs (LED) Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn Diezel, Robert M. Dyer, Mayor William D. Sessoms, L. Wood Council Members Voting Nay: None Council Members Absent.• None R. Davis, William R. "Bill " DeSteph, Harry E. Barbara M. Henley, Vice Mayor Louis R. Jones, Jr., John E. Uhrin, Rosemary Wilson and James April 13, 2010 1 A RESOLUTION REFERRING TO THE PLANNING 2 COMMISSION AMENDMENTS TO THE CITY ZONING 3 ORDINANCE DEFINING "ELECTRONIC DISPLAY SIGN" 4 AND PROHIBITING SUCH SIGNS IN ALL ZONING 5 DISTRICTS 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 That there is hereby referred to the Planning Commission, for its consideration 14 and recommendation, proposed amendments to the City Zoning Ordinance defining the 15 term "electronic display sign" and prohibiting such signs in all zoning districts. A true 16 copy of such proposed amendments is hereto attached. The Planning Commission is 17 also directed to consider such other amendments concerning the prohibition or 18 regulation of electronic display signs as it may deem appropriate. 19 20 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 21 BEACH, VIRGINIA: 22 23 That the Planning Commission shall provide for a public process exceeding the 24 requirements of law in considering the proposed amendments and, to that end, shall 25 solicit the participation of interested stakeholder groups, including, but not limited to, the 26 Council of Garden Clubs of Virginia Beach; the Virginia Beach Beautification 27 Commission, the Council of Civic Organizations, the Hampton Roads Chamber of 28 Commerce and members of the sign industry doing business in Virginia Beach, and 29 such other individuals and groups as the Mayor or the City Council may designate. 30 31 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 32 BEACH, VIRGINIA: 33 34 That the Planning Commission is hereby directed to report to the City Council its 35 recommendations concerning the proposed amendments, or such other amendments 36 concerning the prohibition or regulation of electronic display signs as it may deem 37 appropriate, by no later than June 9, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 3~1~ day of April , 2010. 1 APPROVED AS TO LEGAL SUFFICIENCY: ~~A ~t ~ ~V~ City Attorney's Office CA11491 R-1 March 31, 2010 1 AN ORDINANCE TO AMEND SECTIONS 111 AND 212 OF 2 THE CITY ZONING ORDINANCE, DEFINING THE TERM 3 "ELECTRONIC DISPLAY SIGN" AND PROHIBITING SUCH 4 SIGNS IN ALL ZONING DISTRICTS 5 g Section Amended: City Zoning Ordinance Sections 111 and 7 212 8 g WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Sections 111 and 212 of the City Zoning Ordinance are hereby amended 16 and reordained, to read as follows: 17 18 Sec. 111. Definitions. 19 For the purpose of this ordinance, words used in the present tense shall include 20 the future; words used in the singular number include the plural and the plural the 21 singular; the use of any gender shall be applicable to all genders; the word "shall" is 22 mandatory; the word "may" ~n sear evelvand the worrd "pe son'n ncldudes an ind vidual, 23 described as being above mea 24 a partnership, association, or corporation. 25 2g In addition, the following terms shall be defined as herein indicated: 27 28 Sign electronic display A sign containing li~mitting diodes (LEDs fiber 29 o tics li ht bulbs lasma dis la screens or other illumination devices or a series of 30 vertical or horizontal slats or c tinders that are ca able of bein rotated at intervals that 31 are used to change the messages, intensity of light or colors displayed by such sign. 32 The term shall not include signs on which lights or other illumination devices display 33 onl the tem erature or time of da m alternatin c cles of not less than five 34 seconds. 35 36 COMMENT 37 The amendments define the term "electronic display sign." Specifically excluded from the 38 definition are ordinary time/temperature signs that do not alternate cycles more frequently than 39 every five seconds 40 •••• 41 42 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 43 TO ALL DISTRICTS 44 •••• 45 46 B. SIGN REGULATIONS 47 48 •••• 49 50 Sec. 212. Prohibited signs. 51 52 The following signs shall be prohibited: 53 54 .••• 55 56 (m) Electronic display signs. 57 58 59 COMMENT 60 61 The amendments prohibit electronic display signs in all zoning districts. As the proposed 62 definition of the term "electronic display sign" excludes time and temperature signs that alternate 63 in cycles of no less than five seconds, such signs would not be included within the prohibition. 64 65 66 Adopted by the City Council of the City of Virginia Beach, Virginia, on the g7 day of , 2010. Approved as to Legal Sufficiency: V U. City Attorney's ffice CA11492 R-1 March 31, 2010 2 -61- Item M. 1. APPOINTMENTS ITEM # 59833 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT: SOCIAL SERVICES BOARD April 13, 2010 -62- Item M. 2. APPOINTMENTS ITEM # 59834 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Dr. Douglas Zigenfuss 3 year Term 5/15/10 - 4/30/13 AUDIT COMMITTEE Voting: 9-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill " DeSteph and James L. Wood April 13, 2010 - 63 - Item M. 3. APPOINTMENTS ITEM # 59835 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Daniel Baxter, Chair Larry Banks, Vice Chair Nancy Degges, Treasurer Sheri Kattan, Secretary 3 year term - 4/13/10 - 3/31/13 Chad Kelley, SAMS Club Manager Stewart Reich, Manager, Panera Bread Company Kathleen Reed, Volunteer Coordinator, Virginia Aquarium Beth Bailey, Resource Coordinator, Green Run High School 2 year term - 4/13/10 - 3/31/12 Tammie Rice, Volunteer Resource Coordinator Josie Sprague, Retired School Teacher George Device, Retired-Virginia Beach Agricultural Services 1 year term - 4/13/1 D - 3/31/11 CLEAN COMMUNITY COMMISSION Voting: 9-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill " DeSteph and James L. Wood April 13, 2010 -64- Item M. 4. APPOINTMENTS ITEM # 59836 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: David Trimmer Clay Bernick No Term SOUTHHAMPTONROADS RESOURCE CONSERVATION and DEVELOPMENT COUNCIL - RC&D Voting: 9-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and James L. Wood April 13, 2010 -65- Item V-P. ADJOURNMENT ITEM # 59837 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:40 P.M. a /,~ J Beverly O. Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor The Public Dialogue re Non-Agenda items adjourned at 7:08 P.M. April 13, 2010 -65- Item V-P. ADJOURNMENT ITEM # 59837 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:40 P.M. ~/ - v YOd~f/ - - ------ Beverly O. Hooks, CMC Chie~'Deputy City Clerk uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia I ,~ ,~ V `~ ---------- - -------------- William D. Sessoms, Jr. Mayor The Public Dialogue re Non Agenda items adjourned at 7:08 P.M. April 13, 2010 -66- PUBLIC DIALOGUE Dr. George Meredith, President -Linkhorn Rudee Waterway Fund, spoke re the history of his area. George Percy arrived in Virginia Beach with Captain John Smith April 26, 1607, coming ashore at 47`" Street. They went into Princess Anne Hills, explored and were impressed with the artesian springs and beautiful Cyprus trees. The Susan Constant was atwenty-eight foot shallow. Lynnhaven Inlet did not exist. The Explorers were going into Linkhorn Bay, Broad Bay and the Lynnhaven River in which they came upon a large fire. The Indians left behind many oysters and mussels which impressed the Englishmen. In 1620, Adam Keeling and friends dug "by hand " a ditch that connected the Lynnhaven River to the Chesapeake Bay. This was a magnificent estuary. In the late 1800's, a rail line from Norfolk was constructed. These blocked off the inlets at 44`" Street and 27`" Street, so that blocked the flow of Atlantic water into this estuary. In the 1950's, drag lines removed a lot of marsh land in the estuaries which was followed by the Hampton Roads Sanitation District Sanitary Sewer Lines. The issue now is the dredging of the Western Branch of the Lynnhaven River. Dr. Meredith is concerned relative development destroying this estuary. There are economical methods to restore this estuary. The removal of the sediment from the Western Branch is going to degrade the marshes. Jimmy Frost, 2240 Windham Place, Phone: 343-6768, spoke re the City Manager's budget, which once again lacks an animal shelter. James A. Kerr, 4533 Winston Road, Portsmouth, Virginia, 966-7950, spoke re proposed use of a construction site at 515 Newtown Road, for a Planned Parenthood Facility (abortion). Mr. Kerr requested the City Council disallow the opening of this facility. Diane Pyle, 740 Virginia Dare Drive, Phone: 422-5187, spoke re protection of our citizens, and against the Planned Parenthood (abortion) facility. Deacon Robert J. Durel, 2227 Waterspointe Place, Phone: 464-3302, Holy Spirit Catholic Church, spoke re the Planned Parent Facility and distributed correspondence which is hereby made a part of the record. The Catholic Church's opposition to Planned Parenthood is long-standing and is based on the Church's opposition to abortion. Antionnete Duck, 5916-203 Jake Sears Circle, Phone: 226-2812, spoke in opposition of the Planned Parent facility and urged City Council to honor the sanctity of human life. Reid Greenmun, 2405 Cliff Cutter Drive, Phone: 615-4533, off cial representative of the Virginia Beach Tax Payers Association, and strongly opposed abortion. April 13, 2010