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AUGUST 23 2011 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILL/AM D. SESSOMS, JR., At-Large VICE MAYOR LOU/S R. JONIi'S, Bayside -District -1 GLENN R. DAV/S, Rose Hall - Distric! 3 WILL,/AM R. DeSTEPH, At-/.arge HAKRY H.'. D/F,'ZGL, Kemprville -District 2 ROBERT M. DYER, Centerville -District l BARBARA M. HENLEY, Princess Anne -District 7 YRESCOT/'N. SHH'IZROD, At-Large JOHN E. UHR/N, Beach -District 6 ROSEMARY WILSON, At-Large ,LAMES L. WOOD, Lynnhaven -District i CITY COUNCIL APPOINTEES CITYMANAGER - JAMES K. SPORE Cll'Y A7%'ORNEY -MARK D. S77LES Cl'/'Y ASSESSOK JERA/,D D. BANAGAN Cl7Y AUDITOR - /_YNDON S. REM/AS Cll'Y CLh.'RK RUTH HODGES ERASER, MMC CITY COUNCIL AGENDA 23 AUGUST 2011 I. CITY COUNCIL BRIEFING A. ANNUAL AUDIT REPORT Lyndon Remias, City Auditor CITY HALL BUILDING 2401 COURTHOUSE DRIVE V/RCIN/A BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycnclc'vbgov.com -Conference Room- II. CITY MANAGER'S BRIEFING A. BAKER STUDY on Potential Impacts from Uranium Mining -Technical Review Dr. Alan Kuhn, Alan Kuhn Associates, LLC III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room- A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL 3:30 PM 4:30 PM C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Kevin Milcarek Pastor Back Bay Christian Assembly of God 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 August 9, 2011 G. FORMAL SESSION AGENDA H. PUBLIC HEARINGS 1. CITY COUNCIL/SCHOOL BOARD RESIDENCE ELECTION REDISTRICTING PLAN 2. ACQUISITIONS BY AGREEMENT OR CONDEMNATION a. Laskin Road Gateway Phase I-A, Phase IV b. 19`" Street Sidewalk Improvements I. PUBLIC COMMENT 1. ROSEMONT STRATEGIC GROWTH AREA MASTER PLAN (SGA) J. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND and REORDAIN § 21-701 of the City Code re contents of daily reports and reporting times to the Police Department re crushed vehicles 2. Ordinance to REAPPORTION the population and REVISE the boundaries of the seven (7) City CounciVSchool Board Residence Districts for local elections: a. Council Liaison Proposal 2, Amended D b. Chris Felton Proposal c. Council Liaison Proposal 2, Amended C d. Council Liaison Proposal 2, Amended B e. NAACP/VA BCH Concerned Citizen Coalition Amended Proposal f. NAACP/VA BCH Concerned Citizen Coalition Initial Proposal 3. Ordinances to AUTHORIZE acquisition of property in fee simple for right-of--way, either by agreement or condemnation: a. 19`h Street Sidewalk Improvements from Baltic Avenue to Arctic Avenue and construct public parking b. Laskin Road Gateway Phase I-A, at 32°d Street extension with the acquisition of temporary and permanent easements 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with the Commonwealth of Virginia, Department of Minority Business Enterprises ("DMBE"), at Building 1, 2401 Courthouse Drive 5. Ordinance to PROVIDE for bids re a Lease of City property at 2061 Chicory Street re constructing, maintaining and operating wireless telecommunications facilities 6. Ordinance to AMEND the project description and scope of Rudee Inlet Connector Walk and TRANSFER $163,551 to cover Phase I of the Walk 7. Resolution to AUTHORIZE the City Manager to EXECUTE a Memorandum of Understanding (MOU) with the Navy Mid-Atlantic Region Commander providing for law enforcement assistance with domestic violence and felony offenses involving juveniles from the City of Virginia Beach at Navy Bases located in Virginia Beach 8. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Fire and Emergency Medical Service Mutual Aid Agreement with localities in Hampton Roads 9. Resolution to AUTHORIZE a Performance Contract between the Community Services Board and the Virginia Department of Behavioral Health and Developmental Services to maintain services 10. Ordinance to ADOPT a revised City Policy re Sister Cities Association of Virginia Beach, Inc. (SCAVB) 11. Ordinances to AUTHORIZE temporary encroachments into portions of City property a. WILLIAM D. STEVENSON, SR. to maintain an existing bulkhead, wharf, piles and mooring and to construct and maintain a proposed boatlift, wharf and bulkhead return at 2413 Spindrift Road. DISTRICT 5 - LYNNHAVEN b. BRYAN EDWARD and PAGE FOSTER WHITE to maintain an existing fixed wood pier and construct and maintain a vertical boat lift at Bass Inlet, 2816 Bluebill Drive. DISTRICT 7 - PRINCESS ANNE 12. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: ACCEPT and APPROPRIATE $45,125 Grant funding from the Virginia Department of Emergency Management to the Fire Department re purchase of equipment and supplies at the Field House Emergency Shelter b. APPROPRIATE $12,600 with local revenues to the Agriculture Department re a cooperative advertising campaign for the Farmers Market Department of Human Services a. $98,092 from the Virginia Department of Criminal Justice Services b. $10,899 in DEA Seized Assets Fund with local match c. $10,899 from the Sheriff's Office Inmate Services Fund with local match d. $10,900 within Human Services with local match L PLANNING Application of HOWARD J. and CAROL M. MARX for the discontinuance, closure and abandonment of a portion of an unimproved alley at 704 Surfside Avenue. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 2. Application of WILLIAM M. JONES, SR. for a Nonconforming Use at 2417 Mediterranean Avenue re the installation of a concrete driveway, storage shed and deck. DISTRICT 6 -BEACH RECOMMENDATION APPROVAL 3. Application of BRAVA, LLC for a Conditional Use Permit re a commercial parking lot at 301 and 303 20`" Street. DISTRICT 6 -BEACH RECOMMENDATION APPROVAL 4. Application of CEDAR GROVE 2011, LIMITED PARTNERSHIP for a Conditional Use Permit re housing for homeless, disabled military persons at 904 Board Meadows Drive. DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 5. Application of MARQUETTE and ASSOCIATES, LLC for a Change of Zoning District Classification from AG-2 Agricultural to Conditional R-5S Residential Single Family at 637 Dam Neck Road and 657 Taneva Court. DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 6. Applications of TIDEWATER CENTRAL CHURCH OF THE NAZARENE at 5514 Parliament Avenue. DISTRICT 2 - KEMPSVILLE: a. Change of Zoning District Classification from A-12 Apartment and B-2 Community Business to R-10 Residential b. Conditional Use Permit re a religious use RECOMMENDATION APPROVAL 7. Application of TERRY PETERSON DEVELOPMENT ONE, LLC for a Change of Zoning District Classification from R-15 Residential District to Conditional R-10 Residential District and A-12 (PDH-2) Apartment and Planned Unit Development District north of Ridgley Manor Boulevard. DISTRICT 4 - BAYSIDE RECOMMENDATION M. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION COMMUNITY SERVICES BOARD PARKS AND RECREATION PUBLIC LIBRARY BOARD WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ~~**~*~~ If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ~C X 7F X ~C ~G i~C X Ji' i~C ~C NATIONAL NIGHT OUT OCTOBER 4, 2011 CITY COUNCIL SESSIONS CANCELLED APPROVAL Agenda 08/23/2011 gw www.vb o~ v.com -1- MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 23, 2011 Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL BRIEFING in the City Council Conference Room, Tuesday, August 23, 2011, at 3: 30 P.M. Council Members Present: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None August 23, 2011 -2- CITY MANAGER `S BRIEFING STATUS OF HURRICANE 3:30 P.M. ITEM # 61163 Mayor Sessoms advised he contacted the City Manager and asked for a report to City Council re the status of Hurricane IRENE. The City Manager introduced David L. Hansen, Deputy City Manager, to brief City Council re Hurricane IRENE. There has been a significant shift from the morning's report and the 11:00 A.M. update, which he will advise. The storm rings indicate a Category I storm. Ironically the "eye " of the storm appears to be right over the City Hall Building, with a shift to the East, making landfall further North which are predicted to be 75 miles per hour, "Category I winds ", arriving at 8:00 A.M., Sunday, August 28, 2011. The City hopes to see another shift in the next report at 5:00 P.M. or 11:00 P.M. tonight. This would place IRENE further out to sea. IRENE was originally coming in between Charlestown, South Carolina and Wilmington. OEM Weather Briefing Au~u~t ~. August 23, 2011 -3- CITY MANAGER `S BRIEFING STATUS OF HURRICANE ITEM # 61163 (Continued) p Hurricane Force end Speed Probabilities ~~ 1/ ~~u~s,c*,o.,nrs,r„~,rs.,,enu ~trr TUO n„~2s rwa Ma rn7 S..~, ,..,,~sa ~~ :i - ~ !`ter '""' 3y'r~ „'~.~",~. " ~ ? 1``!_ fly _y .. ~;~ ~ _ _` ~~~ n ~N~_~.~-L~ ~~ ~, ti ~.~~ n. .w _ ,., j ~ ~- ~ `~~~ o T~ ~ t ,~m Force Wlnd Speed Probabilities ~,~ ~ - ~ _ V .~ i. d~-~ 1 fit'^T .. !:. 'S rbl Nl hl _~.~tiy ?B b~.6 ~rw~ac+Me ~ va ,rt Nd EOT FUa isy •tr- ~ " '~ ` •~` '~ ~'' ~~ `~ r- ~1 ~. ~. ~ _ ,4r J tS4 ~~.'a~ ~, ~. M1t Protlelrrgg ¢i eapxa~swm~brtt ~uSrco w+d;~'`~~ uabeY .i:,p!y tug. at ~~.. u/Aas e~.v - sear n..u~asm~rt«.evaa. ns ~~,-~-~-=r-~. Mr. Hansen displayed how the storm appears over the Caribbean. At Noon today, Staff met at ECSC (East Coast Surfing Championships) at First Street with Mike Eason and his team. The JAYCEES and all will make leadership decisions at 8:00 P.M. Grommet Island Park must be protected. .-~. ,I ,~r~•-tAdvyrF 73 Sun }'lttp 28 8 AM 7 ~ ph SSCat: ~ ~~.~._ :..:~...-._ t ~. -. x ~ .-,... _._•,_~ ~t ~a ,~ ~.~ 13 Sat Auq~27 6 AM ttSm A SSCat 5 1~ Ber UQa 43-Pri,+tug @'8894Mf~$6mp $SEat 3~ ~. _-.... R ryK 13 Thu pup 2S 8I1M 1 P~ SSCat 3 ~. ~, - --,. _ ...x, ,_ ,..,:,• Gaymarr Is{ nos ,__.~ ~-- . ~ _ imp ~ca~ Hurricane Irene # 13 Aci~tr~t 23, ~Ct'91 ~_~~,,_. ~` 71 AM EDT Tuesda ~ .. . _... .-_ _. ... v~ CurrentLOCBttFtNt 20.5 N 71r.0 W Max Susta6ned wtnc! 10U mph teat 2} ~ -.4acb~`~ ~ p.''earpados - _x~._ CurrenC Movement 12 mpA ~_ _ orar,ad~ _ ~} Carrrent k.ocatYon ~ _ t © Forecast Positions wawa t - `r"~~~,~.d-~r~-~_..._ C~„ Potential Track Area ' _, '_. __ _ r ~.~~~n~ ~.~ak:n __.._. ~siT5mp3~} ~8'irzdvc5x~Kis~5&ntr~~ :s:nt3r ~.es !zitar~tZp August 23, 2011 ~~ -4- CITY MANAGER `S BRIEFING STATUS OF HURRICANE ITEM # 61163 (Continued) -1- --- ~ -~:~.~~ :.. .r ` ~~~ --- -:------~- --_ _ ~_-r -_ -~ _ ,.~ t- _ -. _. , 'Ew ~~~dvy~ 13 Sun I~ug 28 8 ~1M 7 ph SSCat 1 { L. ~ r ~ ~ __.._~ ~- F~ cy.-.,~.~ r ~ } `.,y*"i' r AcF` d{13SatAu~,i~8AMilGm a~at3 i ~} ~ ~,*' di1( ~ Be ~~ m _ . - .,~ ~..~ ~ 3 -- - . _- - - ---- ~ -- ~~~~'"~ ~ _ ~Ad~e3 Fri AuO ?6 8 AN! 129Smp SSCat 3 _ ,. ~ ` ''G ; Jldvyii 13 Tbu ,pup 26 8 ,11b1 !2 p~ SSCat 3 ~ '~r ~ ~ Advy~tw 13 MFeO AuD 2< B A t ^f 6mph S 3 L __ ~, , ._.~. .. Hurricane gene #~ 13 ~-~: ~'` - _ f Augurst ~~, X011 ~ . ,~ "~,<~ ~_ -....- i "~"~ ~~ EST ~Ue~C~~~ f i g~` f ~ +Curre~r~+xaticm 20.E N 71.0 Y9/ i ~~ ,O~Ug v. ~~'°E" ~Aax SUStaitl@d VEt3~d'~C1U FltP~ (~'.~kt ~~ ~l~ __ - --- ;at current Mlovetrteltt 12 oviph T ~^ - q current tocatiors E ~~ ~oiecasE Roaitiextsr ~ ~~ '~"` PotentialTreckl~rea ~ "- ~4,ru"pat"' ` 6renasar dos t#uvriaarticth`¢vnir~ Hurricnrxa~ S.'Atct'J Trop,Starm.:arnu~p Trop Storm,r~~ The City was affected by an Earthquake today (5.9 magnitude) which occurred in Mineral, Virginia, along I-64 between Richmond and Charlottesville. No significant damages were sustained. The Nuclear Power Plant shut down because it lost external power. The backup generations have turned on, which provides the power necessary for the cooling to keep the reactors and rods at a certain temperature. This agency has issued a report and staff does not believe there is any threat. August 23, 2011 -S- CITY MANAGER `S BRIEFING STATUS OF HURRICANE ITEM # 61163 (Continued) IRENE-Advisory #13 175 {08J23J11 11BDT} Forecast{dotted lines} and Past{solid lines} Stets 14 5 ---------- 554 C 11,, ---------. SS J 7 .J~ 2 40 85 ________-- 551 20 551-___-- _•~. 0 2.5 TS 1025 1000 975 950 925 900 Fu*d• Max 08/22 08J24 08/25 08/26 08/27 Fressure 5~reed iJind 07H 07B 07B 07B 07B {mb. } {mph} {mph} For~rard Speed •--r~ Max{5ustained}~Tind ~-#-~- Central Pressure •-•-^ August 23, 2011 -6- CITY COUNCIL BRIEFING ANNUAL AUDIT REPORT 3:35 P.M. ITEM # 61164 Lyndon Remias, City Auditor, presented his Annual Report. .,~~~.8~! ..,~ 1~~tt~~~t~~ ~~ ~~ ~ ~~~~~ +~ - ~, ~. ~p t~' ~~ ~~ ~~ da iV ~I UAL REPORT fl~ ~~ ~~"~ ~ Office cif the Git audit®r ~-E. ~Qt+R *l~ZZ~N t7ur Mission: Pramoting Accountability and Integrity irr City C7perations. August 23, 2011 -~- CITY COUNCIL BRIEFING ANNUAL AUDIT REPORT ITEM # 61164 (Continued) Mr. Remias introduced Members of the Audit Committee: Stanwood Dickman, CPA -Chair, Audit Committee, complimented his fellow members. Mr. Remias introduced his staff and advised that compared to other Auditors, this City office probably has one of the lowest staff levels within the state. August 23, 2011 -8- CITY COUNCIL BRIEFING ANNUAL AUDIT REPORT ITEM # 61164 (Continued) •y~ f ~~ • f August 23, 2011 locality Professional Support 1 auditor per number of citizens Our Mission: Promoting Accountability and Integrity in City Operations -9- CITY COUNCIL BRIEFING ANNUAL AUDIT REPORT ITEM # 61164 (Continued) Our Mission: Promoting Accountability and Integrity in City Operations August 23, 2011 -10- CITY COUNCIL BRIEFING ANNUAL AUDIT REPORT ITEM # 61164 (Continued) • Examined Enoch Baptist Church's financial expenditures related to Western Bayside Area grant awarded to Enoch Baptist Church for the summer camp program serving Bayside area youth. • Ensured Virginia Beach Lifeguard Services are in compliance with terms in Lifeguard Services Contract. • Verified compliance with the lease between the City of Virginia Beach and Stumpy Lake Golf Course.`'. August 23, 2011 -11- CITY COUNCIL BRIEFING ANNUAL AUDIT REPORT ITEM # 61164 (Continued) • Verified that the City's contract payments for the design & construction phases of the Witchduck Phase I roadway project are being made in compliance with the contract terms, federal & state revenue is being properly accounted for and that the project is complying with all ARRA reporting requirements. • Assisted the committee responsible for gathering, complying and editing the departmental submissions fro the widely- distributed Striving for Excellence reportby_ reviewing the submissions for fiscal reasonableness. • Conducted an examination of the City's ARRA expenditures for supporting documentation, applicability of the expenditure to the purposes of the ARRA grant and agreement of expenditure amounts with InSITE. • betei-mned whether Human Services employee access and use of information through VA Dept. of Social Services system (SPIDeR) was reasonable and in compliance with guidelines with regardsao access of client information. Focus was an Financial Assistance and Adult and Family Services divisions. August 23, 2011 -12- CITY COUNCIL BRIEFING ANNUAL AUDIT REPORT ITEM # 61164 (Continued) • Reviewed cash handling processes in the Police Property and Evidence Unit to ensure cash seized/found was appropriately recorded and inventoried. • Determined if the City was using and managing overtime when operationally necessary. August 23, 2011 BC Compliance was awarded-a Continued to contra~ctto do an audit of the City's `utilize Healthcare property leases: Horizons They are an .invaluable resource which helped increase our manpower and productivity. -13- CITY COUNCIL BRIEFING ANNUAL A UDIT REPORT ITEM # 61164 (Continued) August 23, 2011 -14- CITY COUNCIL BRIEFING ANNUAL A UDIT REPORT ITEM # 61164 (Continued) ~_ ~ ~ ~ ~ ~ ~~ t3- ~ August 23, 2011 -IS- CITY COUNCIL BRIEFING ANNUAL AUDIT REPORT ITEM # 61164 (Continued) Dr. Suzuki's most recent publications include "Report: Audit Standard Structure of National and Local Governments" and "Public Audit Standards for National and Local Government and for the Public Sector. " August 23, 2011 IIA Tidewater Chapter President, Gretchen Hudome with Jody Clark at the registration table during the 2010 IIA District Conference. -16- CITY COUNCIL BRIEFING ANNUAL AUDIT REPORT ITEM # 61164 (Continued) _ ---. ----- _ Auditor _. ;Work Environment 4.0 4.8 Training & Development 3.9 4.8 i Recognition _ 3.5 4.7 ~Gommunication 3.8 _.... 4.8 ' Leadership 3.8 4.7 __ August 23, 2011 -17- CITY MANAGER `S BRIEFING BAKER STUDY on Potential Impacts from Uranium Mining -Technical Review Dr. Alan Kuhn, Alan Kuhn Associates, LLC 3: SO P.M. ITEM # 61165 The City Manager advised the request of Alan Kuhn, a Consultant retained by Virginia Uranium to prepare a review of the study by Michael Baker Corporation. Mr. Kuhn is a Consulting Engineer, licensed both as a Professional Engineer and Professional Geologist. He has been working with the Uranium Industry for approximately thirty four years (14 different projects around the United States). These dealt August 23, 2011 -18- CITY MANAGER `S BRIEFING BAKER STUDY on Potential Impacts from Uranium Mining -Technical Review Dr. Alan Kuhn, Alan Kuhn Associates, LLC ITEM # 61165 (Continued) August 23, 2011 -19- CITY MA NA GE CITY MANAGER `S BRIEFING BAKER STUDY on Potential Impacts from Uranium Mining -Technical Review Dr. Alan Kuhn, Alan Kuhn Associates, LLC ITEM # 61165 (Continued) August 23, 2011 -20- CITY MANAGER `S BRIEFING BAKER STUDY on Potential Impacts from Uranium Mining -Technical Review Dr. Alan Kuhn, Alan Kuhn Associates, LLC August 23, 2011 ITEM # 61165 (Continued) -21- CITY MANAGER `S BRIEFING BAKER STUDY on Potential Impacts from Uranium Mining -Technical Review Dr. Alan Kuhn, Alan Kuhn Associates, LLC ITEM # 61165 (Continued) August 23, 2011 -22- CITY MANAGER `S BRIEFING BAKER STUDY on Potential Impacts from Uranium Mining -Technical Review Dr. Alan Kuhn, Alan Kuhn Associates, LLC ITEM # 61165 (Continued) Erosion Protection Storage of Probable Maximum Precipitation + wave run-up height. Y 1 r ~ * 1 ;~-= ~. ~: ~t~~fi~gs ~` ~~ ~.:, {~ ~. ~, r August 23, 2011 CELL BELOW GROUND MINIMUM REQUIRED FREEBOARD WILL SURFACE AS MUCH AS POSSIBLE PROVIDE SPACE FOR: -23- CITY MANAGER `S BRIEFING BAKER STUDY on Potential Impacts from Uranium Mining -Technical Review Dr. Alan Kuhn, Alan Kuhn Associates, LLC ITEM # 61165 (Continued) __ ~_. _ `~1~ ~S'~~ ,'~` v ~ ~''~ ~ THE ASSUMED LOCATION OF THE TAILING '~,v~' '~" IMPOUNDMENT IS NOT POSSIBLE '"~-a~~~-`~~ ` Y'"~'~ ~ `` Distance from Mine/ Mill Location ~~_ tJ'" ti ~- PMF floodplain ~ -, ~. - rfi,_,._. ~: a" `~ Wetlands \\i , _ ~. _ ~, !?`,,.~ f .~ ,. ~~, ~ x;~ ; ~ ~~_ ~ . r ~ ~''. ~S __ _ _ ..,... _ _, . _ ..,~,.~ _. ti .~ ~•f.. ~}~ ~ ~ f~" ,~ " -- _. ~ ~.~ ~~ ~ .:.~ _ t?fs ~, ~ ~, ~ ~, s°~'~ ~ ~ ~ ~ ~ rs ' Baker Study Assumed ~~'=~ ~ ' ~' ~~''~' "~~ ~~ ~~` ~~ ~ Dam Location Here ~ ,~ (Fig. 5-47) ~ ' Ref: 10 CFR 40 App. A, Criteria 1,4 l ""~ ~' ~ ° '~~~ August 23, 2011 -24- CITY MANAGER `S BRIEFING BAKER STUDY on Potentiallmpacts from Uranium Mining -Technical Review Dr. Alan Kuhn, Alan Kuhn Associates, LLC ITEM # 61165 (Continued) -- Ai ~ ~ -~ 4 •~ v ,i'- ~ P ~~a. f ~., _~~~ .-~ ~ ~~ ~f ~,;,~ MAXIMUM POSSIBLE ~~` ,~"~`,> ~'~~~ ! ~ r~ HEIGHT AT THIS ~ ' ' , '~ ' ~ LOCATION IS 53 FT ~ ~ '~~ .~--ter ." -b t, s ,~ o s" ~ 5 >>. ~ ~ _ ~.. .. ~(r ~ ~,. /{f,. ~' f s 1/j~~ ~ I""~ 3 i ~, ` ,' ;~ ~ BAKER STUDY POSTULATED ~` ~~--~'~~~ r~ ~_ ~ ~ DAM HEIGHTS OF ~- ~: „ _ ~ ~_ ~`~`._ -.~ '~ ~ ;. 16, 49, 98 AND 164 FT. ~' rr ' , ,3 ~ --~..-,,.,-..~ r'~ ,~ II _ _ , ~ ~ ,/" ~~ _._r.-- ~_ _ ~~,~ __, ~~~~ ~ r ~ ~~~ ~~~'' TAILINGS LOCATED IN AREAS ABOVE FLOOD PLAINS August 23, 2011 -25- CITY MANAGER `S BRIEFING BAKER STUDY on Potential Impacts from Uranium Mining -Technical Review Dr. Alan Kuhn, Alan Kuhn Associates, LLC ITEM # 61165 (Continued) ~~A ~~ TAILINGS LOCATED IN AREAS ABOVE FLOOD PLAINS q~ ~{'~ ~Yt Sr '' f . tt t rm~ is '~ .t„ ~A.~ ~~~~ a ~ ~ s ; , f ~ \ Y > > ( G t s 75 y ~ S ~~~ ~ ' :~, IN ~ ~3 -~ s s 1 ,, ~~_ ~ ~ ~ ~ y~ y ' r o- ~ ~ ~ P ~ ~~ ~ ~ ~ ~ , ~' ` ` I I \ ~ . _ ., -- ~._ _ _..~ ~: ~ ~" •rg~ s t ~..4 i.~'^..7.e7~1 t~ ~'}~~ l~x !'} tit ~ r~ ~~'` r~ ~~` T~ ` f.'i If approved by the NRC, tailings will be placed both in the mine space as t,ackfill and in impoundments August 23, 2011 -.,~: ; ~. g ___ ..~. THE COLES HILL URANIUM PROJECT LIFE CYCLE -26- CITY MANAGER `S BRIEFING BAKER STUDY on Potential Impacts from Uranium Mining -Technical Review Dr. Alan Kuhn, Alan Kuhn Associates, LLC ITEM # 61165 (Continued) Kleinfelder West, Inc, a uranium industry consultant under contract to Virginia Uranium, has prepared a critique of the City's Uranium Mining Impact Study, prepared by Michael Baker, Jr., Inc. The Department of Public Utilities and Baker have prepared a response to the Kleinfelder Report which is made a part of the record with a memorandum from Thomas Leahy, Director of Public Utilities. "Uranium Presentation Questions for City Council consideration " is also made a part of the record. August 23, 2011 -z~- CITY COUNCIL COMMENTS 4:25 P.M. ITEM # 61166 Council Lady Henley advised yesterday, August 22, 2011, the Open Space Committee met and received a Briefing on the timeline of the Pleasure House Point project, as well as the Chesapeake Bay Foundation. They are planning on giving a presentation to a number of groups in the next several weeks, which is an excellent idea in order to provide the information to the community. Council Lady Henley stated, if interested, she hoped the City Council Members would attend some of these meetings. August 23, 2011 -28- AGENDA REVIEW SESSION 4:26 P.M. ITEM # 61167 Councilman DeSteph inquired re: K4.Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with the Commonwealth of Virginia, Department of Minority Business Enterprises ("DMBE "), at Building 1, 2401 Courthouse Drive This is a State agency. How would it work within the City of Virginia Beach? The City Manager advised this is part of the Governor's Initiative in terms of trying to increase Minority Business participation around the Commonwealth. The Governor is attempting to establish a series of Regional Offices and Virginia Beach was selected because of the success with the City's program to house the office for the Hampton Roads Region. Councilman Dyer advised the Commonwealth had the option to lease some space in Norfolk, but they prefer to be in Virginia Beach. ITEM # 61168 Councilman DeSteph inquired re the Ordinance including improvements for a future water taxi launch under the Rudee Inlet Bridge. K6. Ordinance to AMEND the project description and scope of Rudee Inlet Connector Walk and TRANSFER $163,551 to cover Phase I of the Walk In the Plan, it depicts from a concept standpoint, the potential for a water taxi that would be privately operated, embarking from under the Rudee Bridge making several stops at the Aquarium and the South End for a total of four (4). The water taxi franchise of the Owl's Creek Master Plan would be expanded. ITEM # 61169 BY CONSENSUS, the following items shall compose the CONSENT AGENDA K. ORDINANCES/RESOLUTIONS L Ordinance to AMEND and REORDAIN ~ 21-701 of the City Code re contents of daily reports and reporting times to the Police Department re crushed vehicles 3. Ordinances to AUTHORIZE acquisition of property in fee simple for right-of--way, either by agreement or condemnation: a. 19'x' Street Sidewalk Improvements from Baltic Avenue to Arctic Avenue and construct public parking b. Laskin Road Gateway Phase I-A, at 32"`~ Street extension with the acquisition of temporary and permanent easements 4.Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with the Commonwealth of Virginia, Department of Minority Business Enterprises ("DMBE ), at Building 1, 2401 Courthouse Drive August 23, 2011 -29- AGENDA REVIEW SESSION ITEM # 61169 (Continued) 5. Ordinance to PROVIDE for bids re a Lease of City property at 2061 Chicory Street re constructing, maintaining and operating wireless telecommunication facilities 6. Ordinance to AMEND the project description and scope of Rudee Inlet Connector Walk and TRANSFER $163, 551 to cover Phase I of the Walk 7. Resolution to AUTHORIZE the City Manager to EXECUTE a Memorandum of Understanding (MOU) with the Navy Mid-Atlantic Region Commander providing for law enforcement assistance with domestic violence and felony offenses involving juveniles from the City of Virginia Beach at Navy Bases located in Virginia Beach 8. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Fire and Emergency Medical Service Mutual Aid Agreement with localities in Hampton Roads 9. Resolution to AUTHORIZE a Performance Contract between the Community Services Board and the Virginia Department of Behavioral Health and Developmental Services to maintain services 10. Ordinance to ADOPT a revised City Policy re Sister Cities Association of Virginia Beach, Inc. (SCAVB) 11. Ordinances to AUTHORIZE temporary encroachments into portions of City property a. WILLIAMD. STEVENSON, SR. to maintain an existing bulkhead, wharf, piles and mooring and to construct and maintain a proposed boatlift, wharf and bulkhead return at 2413 Spindrift Road. DISTRICT S - LYNNHAVEN b. BRYAN EDWARD and PAGE FOSTER WHITE to maintain an existing fixed wood pier and construct and maintain a vertical boat lift at Bass Inlet, 2816 Bluebill Drive. DISTRICT 7 -PRINCESS ANNE 12. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. ACCEPT and APPROPRIATE $45,125 Grant funding from the Virginia Department of Emergency Management to the Fire Department re purchase of equipment and supplies at the Field House Emergency Shelter b. APPROPRIATE $12,600 with local revenues to the Agriculture Department re a cooperative advertising campaign for the Farmers Market Department of Human Services a. $98, 092 from the Virginia Department of Criminal Justice Services b. $10,899 in DEA Seized Assets Fund with local match c. $10, 899 from the Sher~'s Office Inmate Services Fund with local match d. $10,900 within Human Services with local match August 23, 2011 -30- AGENDA REVIEW SESSION ITEM # 61169 (Continued) Item K2 (Ordinance to REAPPORTION the population and REVISE the boundaries of the seven (7) City CounciUSchool Board Residence Districts for local elections: a. Council Liaison Proposal 2, Amended D b. Chris Felton Proposal c. Council Liaison Proposal 2, Amended C d. Council Liaison Proposal 2, Amended B e. NAACP/VA BCH Concerned Citizen Coalition Amended Proposal f. NAACP/VA BCH Concerned Citizen Coalition Initial Proposal City Council will hear the speakers registered for the Public Hearing prior to voting. August 23, 2011 -31- AGENDA REVIEW SESSION 4:30 P.M. ITEM # 61170 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA L. PLANNING 1. Application of HOWARD J. and CAROL M. MARX for the discontinuance, closure and abandonment of a portion of an unimproved alley at 704 Surfside Avenue. DISTRICT 6 -BEACH 2. Application of WILLL4MM. JONES, SR. for a Nonconformin~Use at 2417 Mediterranean Avenue re the installation of a concrete driveway, storage shed and deck. DISTRICT 6 -BEACH 3. Application of BRAVA, LLC for a Conditional Use Permit re a commercial parking lot at 301 and 303 20`" Street. DISTRICT 6 -BEACH 4. Application of CEDAR GROVE 2011, LIMITED PARTNERSHIP for a Conditional Use Permit re housing for homeless, disabled military persons at 904 Board Meadows Drive. DISTRICT 4 -BAYSIDE S. Application of MARQUETTE and ASSOCIATES, LLC for a Change of Zoning District Classification from AG-2 Agricultural to Conditional R-SS Residential Single Family at 637 Dam Neck Road and 657 Taneva Court. DISTRICT 7 - PRINCESSANNE 6. Applications of TIDEWATER CENTRAL CHURCH OF THE NAZARENE at 5514 Parliament Avenue. DISTRICT 2 - KEMPSVILLE: a. Change of Zoning District Classi tcation from A-12 Apartment and B-2 Community Business to R-10 Residential b. Conditional Use Permit re a religious use 7. Application of TERRYPETERSONDEVELOPMENT ONE, LLCfor a Chan e o Zoning District Classification from R-1 S Residential District to Conditional R-10 Residential District and A-12 (PDH-2) Apartment and Planned Unit Development District north of Ridgley Manor Boulevard. DISTRICT 4 -BAYSIDE Item 5 (MARQUETTE and ASSOCIATES, LLC) shall be discussed. Item 7 (TERRYPETERSONDEVELOPMENT ONE, LLC) shall be WITHDRAWN, BYCONSENT. The applicant has requested WITHDRAWAL) August 23, 2011 -32- ITEM # 61171 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: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of City Property: Princess Anne District Beach District Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION at 4:30 P.M. August 23, 2011 -33- TEM # 61171 (Continued) Voting: 11-0 Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Closed Session: (4:30 P.M. - S: SO P.M.) August 23, 2011 -34- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL August 23, 2011 6:00 P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, Ciry Hall, on Tuesday, August 23, 2011, at 6:00 P.M. Council Members Present: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION.• Dr. Reverend Kevin Milcarek Pastor Back Bay Christian Assembly of God 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 defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. August 23, 2011 -35- 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 Ciry 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. 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 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 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.lanuary 27, 2004, is hereby made a part of the record. August 23, 2011 -36- Item - V D.1 MAYOR'S PRESENTATION ITEM # 61172 Mayor Sessoms introduced Nancy Creech, President and Chief Executive Offtcer -Neptune Festival, and Steve Test -Neptune Festival Celebration Chair. Gifts of sand sculptures were presented to the Mayor and Members of City Council. Mr. Test noted this is the 38`" Annual Neptune Festival. At this point, it is basically year round; however the majority of activities take place during the month of September when the tourists have left the City and the citizens of Virginia Beach take back the Oceanfront. The Signature Celebration is the Annual sand sculpting. Attendance at each year's Festival generally exceeds `half a million individuals generating approximately $18-Million in economic impact for the City of Virginia Beach. Chairman Test PRESENTED King Neptune VIII and his Court: 2011 ROYAL COURT KING NEPTUNE X~'YVIII Anthony Patrick Nero (King Neptune recognized his wife, Lady "M.J. " as being an integral part of his reign) President ARMADA HOFFLER DEVELOPMENT COMPANY PRINCESSES Regan Nicole Haegley Cape Henry Collegiate Rhianna Denise Lawson Cox High School Courtney Taylor Paphites Cape Henry Collegiate Margaret Jane Mathews Princess Anne High School Samantha Morgan Napolitano Cape Henry Collegiate Yagna Manoj Patel Bayside High School Katelyn Walsh Saks First Colonial High School August 23, 2011 -37- Item - V-D.1 MAYOR'S PRESENTATION ITEM # 61172 (Continued) TRITONS Kenneth Earl Cummings BB & T City Executive/Senior Vice President William Galanko Vice President Law -Norfolk Southern Corporation Robert S. Herbert City of Virginia Beach Deputy City Manager Tom Johnson Director of Catering and Convention Services Hilton Virginia Beach Oceanfront John C. Napolitano Senior Vice President Napolitano Homes Thomas Walker President Web Teks, Inc. Dr. Allen White Partner Oceanfront Dentistry Unable to be in attendance this evening: B. Gray Randolph Executive Vice President CB Richard Ellis of Virginia, Inc August 23, 2011 -38- Item - V-E.1 CERTIFICATION ITEM # 61173 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: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 23, 2011 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #61171, Page 32, 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. c-s~-~.~ th Hodges Fraser, MMC City Clerk August 23, 2011 -39- Item - V-F.1 MINUTES ITEM # 61174 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of August 9, 2011. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Harry E. Diezel Council Members Absent: None Councilman Diezel ABSTAINED, as he was out of the City and not in attendance during the City Council Session of August 9, 2011 August 23, 2011 -40- Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 61175 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION August 23, 2011 -41- Item V-H.1. PUBLIC HEARINGS ITEM # 61176 Mayor Sessoms DECLARED A PUBLIC HEARING: CITY COUNCIL/SCHOOL BOARD -Residence Election Redistricting Plan The following registered to speak: Joseph Yurso, 4629 Player Lane, Phone: 418-1007, President -Larkspur Civic League. The residents would prefer City Council Liaison Proposal 2, Amended D, which keeps Larkspur in the Kempsville Voting District. Barbara Vaughan, 2621 North Landing Road, Phone: 427-1833, advised her neighborhood is not part of a housing development as the residents are natives of this area. Map 2-B, Map 2-C, Felton 's first map, all of those divided this neighborhood with that blue boot, known as "Rose Hall ". The NAACP, the initial map divided the neighborhood and part to the City Hall into Centerville. Felton's Map 2 was very hard to follow with the change of color and the Districts not being named beside the colors. Andrew Jackson's map, showed ten Districts, one was like a snake crawling across the map. Mrs. Vaughan, on August 9, 2011, supported the NAACP -Virginia Beach citizens, only because Map 3 disappeared. Ms. Vaughan fully supports City Council Liaison Proposal 2, Amended D, as the neighborhood is not divided and the historical homes, which date from 1700 to 1832, will be retained. Ann Farr, 916 Chadwick Court, Phone: 467-0372, President -Bellamy Manor Estates Civic League in the Kempsville Area. She and her neighbors urged support of the City Council Liaison Proposal 2, Amended D. This Plan maintains the majority of the Historic Kempsville Neighborhood and does not divide the neighborhood. Andrew Jackson, 153 Upperville Road, Phone: 490-9190, quoted re Redistricting and being Countrymen: "Ordinary citizens have the opportunity to understand both the process and the results of Redistricting". "The compositions of Districts facilitate rather than inhibit political interests and engagement in the democratic process. " "It also states in Section II, the Voting Rights Act, that "when a voting potential of a minority group that is large enough to form a majority in a District has been thwarted by manipulation of District lines, Minorities may justly claim their ability to elect candidates has been deluded. " Mr. Jackson requested the vote be DEFERRED in order for a meeting to be scheduled to make sure the people understand the process, both from the citizens and City Council 's side. " Margaret Moore, 2378 Princess Anne Road, Phone: 427-1151, represented the Princess Anne Courthouse citizens. Ms. Moore spoke in support of keeping the Historic District of Princess Anne together and in the Princess Anne District. Ms. Moore supported City Council Liaison Proposal 2, Amended D. There being no further speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. August 23, 2011 -42- Item V-H.2.a/b PUBLIC HEARING ITEM # 61177 Mayor Sessoms DECLARED A PUBLIC HEARING: ACQUISITIONS BYAGREEMENT OR CONDEMNATION a. Laskin Road Gateway Phase I-A, Phase IV b. 19'" Street Sidewalk Improvements There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. August 23, 2011 -43- Item V-L 1. PUBLIC HEARINGS ITEM # 61178 Mayor Sessoms DECLARED PUBIC COMMENT: ROSEMENT STRATEGIC GROWTHAREA MASTER PLAN There being no speakers, Mayor Sessoms CLOSED THE PUBLIC COMMENT August 23, 2011 -44- Item V.K. ORDINANCES/RESOLUTIONS ITEM # 61179 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, Items 1, 3a/b, 4, S, 6, 7, 8, 9, 10,11 a/b, 12 a/b/c of the CONSENT AGENDA. Voting.• 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 23, 2011 -45- Item V.K.1. ORDINANCES/RESOLUTIONS ITEM # 61180 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AMEND and REORDAIN ,¢ 21-701 of the City Code re contents of daily reports and reporting times to the Police Department re crushed vehicles Voting: 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 23, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO AMEND SECTION 21- 701 OF THE CITY CODE PERTAINING TO CONTENTS OF DAILY REPORTS SECTION AMENDED: § 21-701 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-701 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Sec. 21-701. -Contents of daily reports; reporting time. (a) Each daily electronic report shall contain the information mandated for maintenance under the provisions of 46.2-1608 of the Code of Virginia. 16 (b) Each daily electronic report shall be submitted to the police department 17 no later than 10:00 a.m. on the day after the vehicle purchase. Electronic reports 18 submitted from out-of-state shall be submitted no later than 10:00 a.m. in the time zone 19 from which the report is submitted. Adopted by the City Council of the City of Virginia Beach, Virginia, on this ~d day of August , 2011. APPROVED AS TO CONTENT: ~~~ [~ /~ r a~G [~ 9> Vic', i ~ L E ~~. ~~~ ~ Police Department APPROVED AS TO LEGAL SUFFICIENCY: City At ey's ice CA11991 R-2 August 8, 2011 -46- Item V.K.2.a. ORDINANCES/RESOLUTIONS ITEM # 61181 Upon motion by Vice Mayor Jones, seconded by Councilman Davis, City Council ADOPTED: City Council Liaison Proposal 2, Amended D, of the Ordinance to REAPPORTION the population and REVISE the boundaries of the seven (7) City Council/School Board Residence Districts for local elections Voting: 11-0 Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 23, 2011 ~ N ~ ® N V ~ ~Z3r _ ~ ~ m .V L ~ ~ O ~ O ~ ++ ~ ~ •~ o Q Q ~, U ~- ~~ U r ~ s '> ~. O ,r ~ ~ :`~ v ~:~ e t 7 ~~ \~\`( ~9~~~1 y ,'j~ ~`' ~~: ~~ t .. ` -mil ~~`,~ / ~ } ~ ~l?~S~' tf l~ ) `~ `'~/ i I ~( ~ fm~~rp(r'ALI,ry5 l~?~4V llll ~~ ~~ `: ~,, ~ i ~~ J ~ ~ ,~ € '~/ 1r ~ ~r '~ ': 9N' ~lF 1. ~~ ~~ ~ I' 3^ a~y ~ . l f ( 7c l r_ 'g ~. 0 0 0 0 0 0 ~ -~ ~ m o ,\ ~ ~ oo r v o vi m .-i m ~ ~ ~ ~ m ti m m ~ ~ ~ ~ '~s~ \~ ~`j j e/~ ° ° ° ° ^ \ /y ~pj ~~ 2\ a . o ~ N 01 I~ 0 2\ O V , N ~ N N N lY1 ~7~ 4W ~ \/ C ~f nW~,o ~l N O1 Ol t~ 000 ~,W tl1 M N 01 J f N N '-I N N ~ ~ ~' .' J ~ n r n ~'1 vt N VI N N N J lO l0 lD n n N Vl N N tD lD ~^ Vl\V~r l ~• . el ~~ 4 ~ at O ~ °~' n a d vi rci .-i ~ ~ ~ t~ M m ~ o ~ ~ a „I l i V ~ \ rS3 ~ \ r• ~ m c a ` ~, s `cam b~(~G'~4 V~~- ~ u_~ / `~~.,` `r ~`~ _ ~, `~~. ~ ~p .~..~.. C 4 ., ` ~ M' ~ ~~7 d WCvi r Y/ Y / `. i h T ' ~, '~ e . ' „ V .~' ,~ ;~ ~~ ~ C ~ ~klr -~~ a ~ I O Q ,-.. m N N C `. ~. ~ J (T6 N N N O 'C O (6 ~ U ~ Q ~ ...I' -~~ ~J - c ~ C N ~ d Q m m U Y ~ ~ ~ J N a~0i ~ ~ ~ - m~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ _ _ _ Q ~ ~ R c c c c c c c c ~ 'a -a a ~ ~ -c -a a m a~i ~ ~ ~ ~ of 2 ~ ~ ~ aNi ~ Z > > ~ ~ ~ ~ ~ ~ m m [~ m m m m m m ~ a ~ = p t~A U U U U U U U U o 0 0 0 0 0 o O o o °c~ ~ ~ Z U Y ~ m ~' m d C C e p ~_ ~_ ~_ ~_ ~_ ~_ y w ~ v ~ v v ~ v ~ ~ °o o O~ I V ~ U U U U U U U U f!J (n Cn (n (n fn (n (n (n N ~ m V V N M ~ Ln (p ~ d V J C7 O ALTERNATIVE: COUNCIL LIAISON PROPOSAL 2, AMENDED D 1 AN ORDINANCE APPROVING THE COUNCIL 2 LIAISON PROPOSAL 2, AMENDED D PLAN TO 3 REAPPORTION THE POPULATIONS AND 4 REVISE THE BOUNDARIES OF THE SEVEN 5 EXISTING RESIDENCE DISTRICTS FOR LOCAL 6 ELECTIONS 7 8 WHEREAS, Code of Virginia § 24.2-304.1 provides that localities must 9 reapportion local election districts after each decennial census; 10 11 WHEREAS, Section 3.01 of the Charter of the City of Virginia Beach provides 12 that "[t]he City shall be divided into seven residence districts of approximately equal 13 population," the boundaries of which "shall be adjusted periodically as may be 14 necessary to ensure that the populations of the districts remain approximately equal"; 15 and 16 17 WHEREAS, the City Council has held public hearings, has received and 18 reviewed a variety of plans, and now wishes to adopt a plan to reapportion the 19 populations and revise the boundaries of the seven existing residence districts. 20 21 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 1. That pursuant to Code of Virginia § 24.2-304.1 and City Charter § 3.01, 25 the revised boundaries to the City's seven existing residence districts are hereby 26 established as shown on the map identified as "Council Liaison Proposal 2, Amended 27 D" and dated August 11, 2011, a copy of which has been presented to the City Council 28 and filed in the City Clerk's office, which is hereby incorporated by reference. 29 30 2. That the boundaries shown on the map titled "Council Liaison Proposal 2, 31 Amended D" are more particularly described by reference to streets and geographic 32 features of the City, as shown on the document identified as "Council Liaison Proposal 33 2, Amended D -Descriptions of District Boundaries," a copy of which has been filed in 34 the City Clerk's office and is hereby incorporated by reference. 35 36 3. That the 2010 U.S. Census Block contained in each district shown in the 37 "Council Liaison Proposal 2, Amended D" are listed in the document titled, "Council 38 Liaison Proposal 2, Amended D -Census Block Assignments," a copy of which has 39 been filed in the City Clerk's office and hereby incorporated by reference. 40 41 4. That in the event of any conflict between the boundaries described in the 42 "Council Liaison Proposal 2, Amended D" map, the document titled "Council Liaison 43 Proposal 2, Amended D -Descriptions of District Boundaries," or the document titled 44 "Council Liaison Proposal 2, Amended D -Census Block Assignments," the boundaries 45 established in the "Council Liaison Proposal 2, Amended D" map shall be controlling. ALTERNATIVE: COUNCIL LIAISON PROPOSAL 2, AMENDED D Adopted by the City Council of the City of Virginia Beach, Virginia on the Ord day of _~a„Gt , 2011. APPROVED AS TO CONTENT ~ V City Attmn 's Office APPROVED AS TO LEGAL SUFFICIENCY: Office CA12008 R-1, Proposal 2, Amended D August 12, 2011 ALTERNATIVE: CHRIS FELTON PROPOSAL 1 AN ORDINANCE APPROVING THE CHRIS 2 FELTON PROPOSAL PLAN TO REAPPORTION 3 THE POPULATIONS AND REVISE THE 4 BOUNDARIES OF THE SEVEN EXISTING 5 RESIDENCE DISTRICTS FOR LOCAL 6 ELECTIONS 7 8 WHEREAS, Code of Virginia § 24.2-304.1 provides that localities must 9 reapportion local election districts after each decennial census; 10 11 WHEREAS, Section 3.01 of the Charter of the City of Virginia Beach provides 12 that "[t]he City shall be divided into seven residence districts of approximately equal 13 population," the boundaries of which "shall be adjusted periodically as may be 14 necessary to ensure that the populations of the districts remain approximately equal"; 15 and 16 17 WHEREAS, the City Council has held public hearings, has received and 18 reviewed a variety of plans, and now wishes to adopt a plan to reapportion the 19 populations and revise the boundaries of the seven existing residence districts. 20 21 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 1. That pursuant to Code of Virginia § 24.2-304.1 and City Charter § 3.01, 25 the revised boundaries to the City's seven existing residence districts are hereby 26 established as shown on the map identified as "Chris Felton Proposal" and dated 27 August 8, 2011, a copy of which has been presented to the City Council and filed in the 28 City Clerk's office, which is hereby incorporated by reference. 29 30 2. That the boundaries shown on the map titled "Chris Felton Proposal" are 31 more particularly described by reference to streets and geographic features of the City, 32 as shown on the document identified as "Chris Felton Proposal -Descriptions of District 33 Boundaries," a copy of which has been filed in the City Clerk's office and is hereby 34 incorporated by reference. 35 36 3. That the 2010 U.S. Census Block contained in each district shown in the 37 "Chris Felton Proposal" are listed in the document titled, "Chris Felton Proposal - 38 Census Block Assignments," a copy of which has been filed in the City Clerk's office 39 and hereby incorporated by reference. 40 41 4. That in the event of any conflict between the boundaries described in the 42 "Chris Felton Proposal" map, the document titled "Chris Felton Proposal -Descriptions 43 of District Boundaries," or the document titled "Chris Felton Proposal -Census Block 44 Assignments," the boundaries established in the "Chris Felton Proposal" map shall be 45 controlling. ALTERNATIVE: CHRIS FELTON PROPOSAL Adopted by the City Council of the City of Virginia Beach, Virginia on the day of , 2011. APPROVED AS TO CONTENT ~~ ~i y y's Office APPROVED AS TO LEGAL SUFFICIENCY: ' Office CA12008 R-1 Chris Felton Proposal August 12, 2011 ALTERNATIVE: COUNCIL LIAISON PROPOSAL 2, AMENDED C 1 AN ORDINANCE APPROVING THE COUNCIL 2 LIAISON PROPOSAL 2, AMENDED C PLAN TO 3 REAPPORTION THE POPULATIONS AND 4 REVISE THE BOUNDARIES OF THE SEVEN 5 EXISTING RESIDENCE DISTRICTS FOR LOCAL 6 ELECTIONS 7 8 WHEREAS, Code of Virginia § 24.2-304.1 provides that localities must 9 reapportion local election districts after each decennial census; 10 11 WHEREAS, Section 3.01 of the Charter of the City of Virginia Beach provides 12 that "[t]he City shall be divided into seven residence districts of approximately equal 13 population," the boundaries of which "shall be adjusted periodically as may be 14 necessary to ensure that the populations of the districts remain approximately equal"; 15 and 16 17 WHEREAS, the City Council has held public hearings, has received and 18 reviewed a variety of plans, and now wishes to adopt a plan to reapportion the 19 populations and revise the boundaries of the seven existing residence districts. 20 21 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 1. That pursuant to Code of Virginia § 24.2-304.1 and City Charter § 3.01, 25 the revised boundaries to the City's seven existing residence districts are hereby 26 established as shown on the map identified as "Council Liaison Proposal 2, Amended 27 C" and dated July 28, 2011, a copy of which has been presented to the City Council and 28 filed in the City Clerk's office, which is hereby incorporated by reference. 29 30 2. That the boundaries shown on the map titled "Council Liaison Proposal 2, 31 Amended C" are more particularly described by reference to streets and geographic 32 features of the City, as shown on the document identified as "Council Liaison Proposal 33 2, Amended C -Descriptions of District Boundaries," a copy of which has been filed in 34 the City Clerk's office and is hereby incorporated by reference. 35 36 3. That the 2010 U.S. Census Block contained in each district shown in the 37 "Council Liaison Proposal 2, Amended C" are listed in the document titled, "Council 38 Liaison Proposal 2, Amended C -Census Block Assignments," a copy of which has 39 been filed in the City Clerk's office and hereby incorporated by reference. 40 41 4. That in the event of any conflict between the boundaries described in the 42 "Council Liaison Proposal 2, Amended C" map, the document titled "Council Liaison 43 Proposal 2, Amended C -Descriptions of District Boundaries," or the document titled 44 "Council Liaison Proposal 2, Amended C -Census Block Assignments," the boundaries 45 established in the "Council Liaison Proposal 2, Amended C" map shall be controlling. ALTERNATIVE: COUNCIL LIAISON PROPOSAL 2, AMENDED C Adopted by the City Council of the City of Virginia Beach, Virginia on the day of , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: t~ city A y's Office tt s Office CA12008 R-1 Proposal 2, Amended C August 12, 2011 ALTERNATIVE: COUNCIL LIAISON PROPOSAL 2, AMENDED B 1 AN ORDINANCE APPROVING THE COUNCIL 2 LIAISON PROPOSAL 2, AMENDED B PLAN TO 3 REAPPORTION THE POPULATIONS AND 4 REVISE THE BOUNDARIES OF THE SEVEN 5 EXISTING RESIDENCE DISTRICTS FOR LOCAL 6 ELECTIONS 7 8 WHEREAS, Code of Virginia § 24.2-304.1 provides that localities must 9 reapportion local election districts after each decennial census; 10 11 WHEREAS, Section 3.01 of the Charter of the City of Virginia Beach provides 12 that "[t]he City shall be divided into seven residence districts of approximately equal 13 population," the boundaries of which "shall be adjusted periodically as may be 14 necessary to ensure that the populations of the districts remain approximately equal"; 15 and 16 17 WHEREAS, the City Council has held public hearings, has received and 18 reviewed a variety of plans, and now wishes to adopt a plan to reapportion the 19 populations and revise the boundaries of the seven existing residence districts. 20 21 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 1. That pursuant to Code of Virginia § 24.2-304.1 and City Charter § 3.01, 25 the revised boundaries to the City's seven existing residence districts are hereby 26 established as shown on the map identified as "Council Liaison Proposal 2, Amended 27 B" and dated July 28, 2011, a copy of which has been presented to the City Council and 28 filed in the City Clerk's office, which is hereby incorporated by reference. 29 30 2. That the boundaries shown on the map titled "Council Liaison Proposal 2, 31 Amended B" are more particularly described by reference to streets and geographic 32 features of the City, as shown on the document identified as "Council Liaison Proposal 33 2, Amended B -Descriptions of District Boundaries," a copy of which has been filed in 34 the City Clerk's office and is hereby incorporated by reference. 35 36 3. That the 2010 U.S. Census Block contained in each district shown in the 37 "Council Liaison Proposal 2, Amended B" are listed in the document titled, "Council 38 Liaison Proposal 2, Amended B -Census Block Assignments," a copy of which has 39 been filed in the City Clerk's office and hereby incorporated by reference. 40 41 4. That in the event of any conflict between the boundaries described in the 42 "Council Liaison Proposal 2, Amended B" map, the document titled "Council Liaison 43 Proposal 2, Amended B -Descriptions of District Boundaries," or the document titled 44 "Council Liaison Proposal 2, Amended B -Census Block Assignments," the boundaries 45 established in the "Council Liaison Proposal 2, Amended B" map shall be controlling. ALTERNATIVE: COUNCIL LIAISON PROPOSAL 2, AMENDED B Adopted by the City Council of the City of Virginia Beach, Virginia on the day of , 2011. APPROVED AS TO CONTENT r ~~ City Attor y s Office APPROVED AS TO LEGAL SUFFICIENCY: or s ffice CA12008 R-1 Proposal 2, Amended B August 12, 2011 ALTERNATIVE: NAACPNA BCH CONCERNED CITIZENS COALITION AMENDED PROPOSAL 1 AN ORDINANCE APPROVING THE NAACPNA 2 BCH CONCERNED CITIZEN COALITION 3 AMENDED PROPOSAL PLAN TO REAPPORTION 4 THE POPULATIONS AND REVISE THE 5 BOUNDARIES OF THE SEVEN EXISTING 6 RESIDENCE DISTRICTS FOR LOCAL 7 ELECTIONS 8 9 WHEREAS, Code of Virginia § 24.2-304.1 provides that localities must 10 reapportion local election districts after each decennial census; 11 12 WHEREAS, Section 3.01 of the Charter of the City of Virginia Beach provides 13 that "[t]he City shall be divided into seven residence districts of approximately equal 14 population," the boundaries of which "shall be adjusted periodically as may be 15 necessary to ensure that the populations of the districts remain approximately equal"; 16 and 17 18 WHEREAS, the City Council has held public hearings, has received and 19 reviewed a variety of plans, and now wishes to adopt a plan to reapportion the 20 populations and revise the boundaries of the seven existing residence districts. 21 22 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 1. That pursuant to Code of Virginia § 24.2-304.1 and City Charter § 3.01, 26 the revised boundaries to the City's seven existing residence districts are hereby 27 established as shown on the map identified as "NAACPNA BCH Concerned Citizen 28 Coalition Amended Proposal" and dated July 15, 2011, a copy of which has been 29 presented to the City Council and filed in the City Clerk's office, which is hereby 30 incorporated by reference. 31 32 2. That the boundaries shown on the map titled "NAACPNA BCH Concerned 33 Citizen Coalition Amended Proposal" are more particularly described by reference to 34 streets and geographic features of the City, as shown on the document identified as 35 "NAACPNA BCH Concerned Citizen Coalition Amended Proposal -Descriptions of 36 District Boundaries," a copy of which has been filed in the City Clerk's office and is 37 hereby incorporated by reference. 38 39 3. That the 2010 U.S. Census Block contained in each district shown in the 40 "NAACPNA BCH Concerned Citizen Coalition Amended Proposal" are listed in the 41 document titled, "NAACPNA BCH Concerned Citizen Coalition Amended Proposal - 42 Census Block Assignments," a copy of which has been filed in the City Clerk's office 43 and hereby incorporated by reference. 44 45 4. That in the event of any conflict between the boundaries described in the 46 "NAACPNA BCH Concerned Citizen Coalition Amended Proposal" map, the document ALTERNATIVE: NAACP/VA BCH CONCERNED CITIZENS COALITION AMENDED PROPOSAL 47 titled "NAACP/VA BCH Concerned Citizen Coalition Amended Proposal -Descriptions 48 of District Boundaries," or the document titled "NAACP/VA BCH Concerned Citizen 49 Coalition Amended Proposal -Census Block Assignments," the boundaries established 50 in the "NAACP/VA BCH Concerned Citizen Coalition Amended Proposal" map shall be 51 controlling. Adopted by the City Council of the City of Virginia Beach, Virginia on the day of , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ ~Ci y 's Office 's Office CA12008 R-1 NAACP/VA BCH Concerned Citizens Coalition Amended Proposal August 12, 2011 ALTERNATIVE: NAACP/VA BCH CONCERNED CITIZENS COALITION INITIAL PROPOSAL 1 AN ORDINANCE APPROVING THE NAACP/VA 2 BCH CONCERNED CITIZENS COALITION INITIAL 3 PROPOSAL PLAN TO REAPPORTION THE 4 POPULATIONS AND REVISE THE BOUNDARIES 5 OF THE SEVEN EXISTING RESIDENCE 6 DISTRICTS FOR LOCAL ELECTIONS 7 8 WHEREAS, Code of Virginia § 24.2-304.1 provides that localities must 9 reapportion local election districts after each decennial census; 10 11 WHEREAS, Section 3.01 of the Charter of the City of Virginia Beach provides 12 that "[t]he City shall be divided into seven residence districts of approximately equal 13 population," the boundaries of which "shall be adjusted periodically as may be 14 necessary to ensure that the populations of the districts remain approximately equal"; 15 and 16 17 WHEREAS, the City Council has held public hearings, has received and 18 reviewed a variety of plans, and now wishes to adopt a plan to reapportion the 19 populations and revise the boundaries of the seven existing residence districts. 20 21 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 1. That pursuant to Code of Virginia § 24.2-304.1 and City Charter § 3.01, 25 the revised boundaries to the City's seven existing residence districts are hereby 26 established as shown on the map identified as "NAACP/VA BCH Concerned Citizen 27 Coalition Initial Proposal" and dated May 27, 2011, a copy of which has been presented 28 to the City Council and filed in the City Clerk's office, which is hereby incorporated by 29 reference. 30 31 2. That the boundaries shown on the map titled "NAACP/VA BCH Concerned 32 Citizen Coalition Initial Proposal" are more particularly described by reference to streets 33 and geographic features of the City, as shown on the document identified as 34 "NAACP/VA BCH Concerned Citizen Coalition Initial Proposal -Descriptions of District 35 Boundaries," a copy of which has been filed in the City Clerk's office and is hereby 36 incorporated by reference. 37 38 3. That the 2010 U.S. Census Block contained in each district shown in the 39 "NAACP/VA BCH Concerned Citizen Coalition Initial Proposal" are listed in the 40 document titled, "NAACP/VA BCH Concerned Citizen Coalition Initial Proposal - 41 Census Block Assignments," a copy of which has been filed in the City Clerk's office 42 and hereby incorporated by reference. 43 44 4. That in the event of any conflict between the boundaries described in the 45 "NAACP/VA BCH Concerned Citizen Coalition Initial Proposal" map, the document titled 46 "NAACP/VA BCH Concerned Citizen Coalition Initial Proposal -Descriptions of District ALTERNATIVE: NAACPNA BCH CONCERNED CITIZENS COALITION INITIAL PROPOSAL 47 Boundaries," or the document titled "NAACP/VA BCH Concerned Citizen Coalition Initial 48 Proposal -Census Block Assignments," the boundaries established in the "NAACP/VA 49 BCH Concerned Citizen Coalition Initial Proposal" map shall be controlling. Adopted by the City Council of the City of Virginia Beach, Virginia on the day of , 2011. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: l City Att 's Office Office CA12008 R-1 NAACP/VA BCH Concerned Citizens Coalition Initial Proposal August 12, 2011 -47- Item V.K.3.a/b. ORDINANCES/RESOLUTIONS ITEM # 61181 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, CONSENT: City Council ADOPTED, BY Ordinances to AUTHORIZE acquisition of property in fee simple for right-of--way, either by agreement or condemnation: a. l9`" Street Sidewalk Improvements from Baltic Avenue to Arctic Avenue and construct public parking b. Laskin Road Gateway Phase I-A, at 32"`~ Street extension with the acquisition of temporary and permanent easements Voting.• 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent.• None August 23, 2011 i AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR RIGHT-OF-WAY FOR 19T" STREET 4 SIDEWALK IMPROVEMENTS PROJECT (CIP s 9-069.001) AND FOR CONSTRUCTION OF 6 PUBLIC PARKING FACILITIES (CIP 9-069), ~ EITHER BY AGREEMENT OR s CONDEMNATION. 9 io WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a ~i public necessity exists for the construction of this important roadway and off-street parking 12 project to improve pedestrian and vehicular transportation within the City, to provide 13 needed off-street public parking, to accommodate future upgrading of water, sewer and 14 stormwater facilities, and for other related public purposes for the preservation of the is safety, health, peace, good order, comfort, convenience, and for the welfare of the people 16 in the City of Virginia Beach. i~ is NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: ao 21 Section 1. That the City Council authorizes the acquisition by purchase or z2 condemnation pursuant to Sections 15.2-1901, et sew., Sections 33.1-91, et se ., Section 23 15.2-967 and Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real 24 property in fee simple, and entire tracts upon which such rights of way shall be located, as within the limitations and conditions of Section 33.1-91 of the Code of Virginia of 1950, as 26 amended (the "Property"), as shown on the plans entitled "19T" Street Sidewalk 27 Improvements from Baltic Avenue to Arctic Avenue Project (CIP 9-069.001)," and as 2s shown on the plans entitled "Plan for Parking Facilities on 19th Street Between Arctic 29 Avenue and Baltic Avenue (CIP 9-069)," (collectively, the "Project") and more specifically 3o described on the acquisition plats and plans for the Project (plats and plans collectively 31 referred to as the "Plans"), the Plans being on file in the Strategic Growth Area Office, City 32 of Virginia Beach, Virginia. 33 34 Section 2. That the City Manager is hereby authorized to make or cause to be 35 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 36 reasonable offer to the owners or persons having an interest in said Property. If refused, 37 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of 4o August , 2011. PREPARED: 8/4/11 CA11430 R-1 \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d018\p011 \00029548.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~. .~ C. o.~JS BLIC WORK /REAL ESTATE CITY ATTORNEY 1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF 2 PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY 3 FOR LASKIN ROAD GATEWAY PHASE I-A, CIP 2-143 4 PHASE IV, 32nd STREET EXTENSION, AND THE s ACQUISITION OF TEMPORARY AND PERMANENT 6 EASEMENTS, EITHER BY AGREEMENT OR ~ CONDEMNATION s 9 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a to public necessity exists for the construction of this important roadway project to improve 11 transportation within the City, to improve stormwater facilities, and for other related public 12 purposes for the preservation of the safety, health, peace, good order, comfort, 13 convenience, and for the welfare of the people in the City of Virginia Beach. 14 is NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 la Section 1. That the City Council authorizes the acquisition by purchase or 19 condemnation pursuant to Sections 15.2-1901, et sew., Sections 33.1-91, et sew., and Title 2 0 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 21 simple, including temporary and permanent easements and entire tracts upon which such 22 rights of way or easements shall be located, within the limitations and conditions of Section 23 33.1-91 of the Code of Virginia of 1950, as amended (the "Property"), as shown on the 24 plans entitled "LASKIN ROAD GATEWAY PHASE I-A •CIP 2-143 • PHASE IV - 32ND 2s STREET EXTENSION" (the "Project") and more specifically described on the acquisition 26 plats for the Project (plats and plans collectively referred to as the "Plans"), the Plans 27 being on file in the Engineering Division, Department of Public Works, City of Virginia 2a Beach, Virginia. 29 3o Section 2. That the City Manager is hereby authorized to make or cause to be 31 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 32 reasonable offer to the owners or persons having an interest in said Property. If refused, 33 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of 36 August 2011. PREPARED: 8/10/2011 CA11702 R-1 \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d018\p011 \00029430.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM fa- C. ~ LIC WORKS/REAL ESTATE CITY A EY -48- Item V.K.4. ORDINANCES/RESOLUTIONS ITEM # 61182 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with the Commonwealth of Virginia, Department of Minority Business Enterprises ("DMBE ), at Building 1, 2401 Courthouse Drive Voting: 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 23, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A 3-YEAR LEASE WITH THE COMMONWEALTH OF VIRGINIA FOR CITY- OWNED PROPERTY LOCATED AT 2401 COURTHOUSE DRIVE, BUILDING 1. WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain building located at 2401 Courthouse Drive, Building 1, Virginia Beach, Virginia ("City Hall"); WHEREAS, the Commonwealth of Virginia has requested the use of an office located in City Hall, consisting of approximately 130 sq. ft. (the "Premises") for use by the Department of Minority Business Enterprises ("DMBE"); WHEREAS, the Commonwealth of Virginia desires to enter into a formal lease arrangement with the City for use of the Premises; WHEREAS, the Premises will be utilized as an office for the DMBE, and for no other purpose; and WHEREAS, City staff believes that the presence of DMBE at City Hall would benefit City agencies, as well as the business community and the general public; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease for a term of three (3) years, between the Commonwealth of Virginia and the City of Virginia Beach, for the use of the approximately 130 sq. ft. of office space located at 2401 Courthouse Drive, Building 1, in accordance with the Summary of Terms attached hereto, and made a part hereof, and such other terms and conditions deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day of ~g„Gt , 2011. APPROVED AS TO LEGAL SUFFICIENCY AND FORM APPROVED AS TO CONTENT /~ ~T/~ City Attorney Public Work Facilities anagement CA11945 \lvbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D015\P011 \00034232.DOC R-1 August 16, 2011 SUMMARY OF TERMS LESSOR: City of Virginia Beach LESSEE: Commonwealth of Virginia PREMISES: 130 sq. ft. office in Building 1, Municipal Center TERM: Three (3) years RENT: No rent RIGHTS AND RESPONSIBILITIES OF LESSEE: • Premises shall be used as a general office for the Commonwealth of Virginia - Department of Minority Business Enterprises. RIGHTS AND RESPONSIBILITIES OF LESSOR: • Maintain common areas of the Premises. • Provide utility and janitorial services. TERMINATION: • Either party may terminate by providing the other party ninety (90) days' notice. 1lvbgov.comIDFS11ApplicationslC ityLawProdlcycom321Wpdocs1D0151P01110 0 0 342 3 5.DOC -49- Item V.K.S. ORDINANCES/RESOLUTIONS ITEM # 61183 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Ordinance to PROVIDE for bids re a Lease of City property at 2061 Chicory Street re constructing, maintaining and operating wireless telecommunications facilities Voting: 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 23, 2011 1 AN ORDINANCE PROVIDING FOR BIDS FOR A LEASE OF 2 A PORTION OF THE CITY PROPERTY LOCATED AT 2061 3 CHICORY STREET (PRINCESS ANNE DISTRICT) FOR THE 4 PURPOSE OF CONSTRUCTING, MAINTAINING AND 5 OPERATING WIRELESS TELECOMMUNICATIONS 6 FACILITIES 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That there shall be granted, in the mode prescribed by Article 1, Chapter 21, Title 12 15.2 of the Code of Virginia, as amended, upon the conditions hereinafter specified, a 13 lease of property more fully described in the attached document entitled "Communication 14 Tower Lease Agreement (2061 Chicory Street)), City of Virginia Beach, Lessor, and 15 _ ,Lessee," for the purpose of constructing, maintaining and operating 16 wireless telecommunications facilities, including, but not limited to, antennas, connecting 17 cables and appurtenances and for the construction, maintenance and operation of an 18 accessory building housing equipment to be used in conjunction with the aforesaid 19 facilities. 20 21 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 22 BEACH, VIRGINIA: 23 24 That upon approval of this Ordinance by the City Council, it shall be the duty of the 25 City Clerk to cause to be advertised once per week for two successive weeks, in a 26 newspaper having general circulation in the City, a descriptive notice of the proposed 27 ordinance granting such lease, and in addition the Clerk shall, by such advertisement, 28 invite bids for the privileges and rights proposed to be granted by such ordinance, which 29 bids shall be in writing and shall be delivered to the Mayor, or in the absence of the Mayor, 30 to the Vice-Mayor, in open session at the day and hour specified in such advertisement, 31 which bids shall then be presented to the City Council by the Mayor, or in the absence of 32 the Mayor, by the Vice-Mayor, to be dealt with and acted upon in the manner prescribed by 33 law. Such advertisement shall expressly reserve the right to reject any and all bids, and the 34 successful bidder shall be required to pay all costs of advertising such ordinance in 35 addition to all other sums required under such lease. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of August , 2011. APPROVED AS TO CONTENT Public Wor /Facilities anagement APPROVED AS TO LEGAL SUFFICIENCY: I . ~,r Ci y At orney's Office CA12001 R-1 August 8, 2011 Public Notice Notice is hereby given pursuant to an ordinance approved by the City Council on August 23, 2011, that bids shall be received for a lease of a portion of City property located at 2061 Chicory Street (GPIN 1494280615) in the PrincessAnne District, forthe purpose of constructing, maintaining and operating wireless telecommunications facilities, including, but not limited, to antennas, connecting cables and appurtenances and accessory structures to be used in conjunction with the aforesaid facilities. Bids shall be received by the Mayor of the City of Virginia Beach at the regular meeting of the City Council, which will be held in the Council Chambers, City Hall Building, Municipal Center, Virginia Beach, Virginia, on September 13, 2011 at 6:00 p.m., and after the receiving and opening of bids, the Council will either proceed with the consideration of the ordinance awarding of the aforesaid lease or will defer the matter to a subsequent meeting. All bids must be in writing. The right to reject any and all bids is hereby expressly reserved. A descriptive notice of the ordinance awarding the lease is in the following words: AN ORDINANCE PROVIDING FOR BIDS FORA LEASE OFA PORTION OF THE CITY PROPERTY LOCATED AT 2061 CHICORY STREET FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING WIRELESS TELECOMMUNICATIONS FACILITIES A copy of the proposed ordinance, including the lease to be awarded thereby, is on file and available for inspection during normal business hours in the office of the City Clerk. Ruth Hodges Fraser, MMC City Clerk -50- Item V.K.6. ORDINANCES/RESOLUTIONS ITEM # 61184 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Ordinance to AMEND the project description and scope of Rudee Inlet Connector Walk and TRANSFER $163,551 to cover Phase I of the Walk Voting: 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 23, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO AMEND THE PROJECT DESCRIPTION AND SCOPE OF CIP #9-058, RUDEE INLET CONNECTOR WALK, AND TO TRANSFER FUNDS FROM CIP #9-302, RUDEE LOOP DEVELOPMENT, TO CIP #9-058, RUDEE INLET CONNECTOR WALK BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. The project scope of CIP 3-058, Rudee Inlet Connector Walk shall be expanded to extend the walkway from the 4th Street parking lot around the Rudee Inlet loop and connect to the south end of the Boardwalk including improvements for a future water taxi launch under the Rudee Inlet Bridge; and 2. $163,551 is hereby transferred from CIP # 9-302, Rudee Loop Development, to CIP #9-058, Rudee Inlet Connector Walk, to provide the remaining funds to cover the cost of Phase I of the Rudee Inlet Connector Walk. Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day of Auaust , 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPOROVED AS TO LEGAL SUFFICIENCY: ~~ ~ - ~ - r Management Services Cit ttorney ce CA12007 R-1 August 3, 2011 -51- Item V.K. 7. ORDINANCES/RESOLUTIONS ITEM # 61185 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to AUTHORIZE the City Manager to EXECUTE a Memorandum of Understanding (MOU) with the Navy Mid-Atlantic Region Commander providing for law enforcement assistance with domestic violence and felony offenses involving juveniles from the City of Virginia Beach at Navy Bases located in Virginia Beach Voting: 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 23, 2011 1 A RESOLUTION AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A MEMORANDUM 3 OF UNDERSTANDING PROVIDING FOR 4 LAW ENFORCEMENT ASSISTANCE WITH 5 DOMESTIC VIOLENCE AND FELONY 6 OFFESES INVOLVING JUVENILES FROM 7 THE CITY OF VIRGINIA BEACH AT NAVY 8 BASES LOCATED IN VIRGINIA BEACH 9 10 WHEREAS, Code of Virginia Section 15.2-1728 authorizes local governments to 11 enter into memorandums of understanding for emergency police services with federal 12 authorities; 13 14 WHEREAS, the Navy Mid-Atlantic Region maintains explosive detection K-9 15 assets; 16 17 WHEREAS, the Navy is willing to provide explosive K-9 detection support to the 18 City if assets are available; 19 20 WHEREAS, the City of Virginia Beach maintains equipment and personnel for 21 law enforcement responses within its own jurisdiction and areas; 22 23 WHEREAS, it is recognized that the locations of Naval Air Station Oceana, Joint 24 Expeditionary Base Little Creek-Fort Story, and Naval Combat Training Center-Dam 25 Neck are under concurrent jurisdiction, that the Virginia Beach courts have access to 26 programs designed to address domestic violence and felony offenses committed by 27 juveniles, and that Virginia Beach is the appropriate secondary responder in these 28 events when assistance is requested by base security; 29 30 WHEREAS, Code of Virginia § 15.2-1728 provides that City police officers shall 31 have the same powers, rights, benefits, privileges, and immunities as are lawfully 32 conferred upon them within the City when they act, in the performance of their duties, 33 on property, such as those military bases located in Virginia Beach, that are under 34 federal authority; 35 36 WHEREAS, the City of Virginia Beach and the Navy Mid-Atlantic Region 37 Commander are cognizant of the benefits they will derive from an agreement allowing 38 those Navy bases located in Virginia Beach to request the aid of Virginia Beach; and 39 40 WHEREAS, the City of Virginia Beach and the Navy Mid-Atlantic Region 41 Commander desire to enter into a Memorandum of Understanding setting forth the 42 procedures to be followed in the event of an on-base domestic violence incident or an 43 incident involving a juvenile felony suspect. 44 45 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 46 VIRGINIA BEACH, VIRGINIA: 1 47 48 1. That the attached Memorandum of Understanding ("Agreement") for 49 responses to Navy Mid-Atlantic Region bases located in the City of Virginia Beach is 50 hereby approved when requested by base security personnel for incidents involving 51 domestic violence or incidents involving a juvenile felony suspect. 52 53 2. That the City Manager is hereby authorized and directed to execute the 54 Agreement on behalf of the City of Virginia Beach. 55 56 Adopted by the Council of the City of Virginia Beach, Virginia on the 57 ~ ~,-flay Of August 2011. APPROVED AS TO CONTENT: ~~~ Police Department APP O CONTENT: ~islir CA11880 R-2 August 10, 2011 APPROVED AS TO LEGAL SUF CIE CY: City At ey's O ~ e 2 SUMMARY OF MATERIAL TERMS Events - On-base incidents of domestic violence or felony offenses committed by juvenile suspects and situations involving Hostage/Barricade Incidents/Crisis negotiations, Active Shooter cases and Active Felony tracking Cases. The Navy Mid-Atlantic Region will provide explosive detection K-9 support at the City's request if assets are available. 2. Memorandum of Understanding - An agreement between the City of Virginia Beach and the Commander of the Navy Mid-Atlantic Region entered into in preparation for a response to any potential event listed above at a Navy base located in Virginia Beach. Appropriate Virginia Beach Police personnel will respond, if available, at the request of base security should such events occur. 4. Command and Control -Virginia Beach personnel will remain under the command and control of the Virginia Beach Police Department's On-Scene Commander and/or the Virginia Beach SWAT/CN Team Commander. Nature -Allows the City of Virginia Beach to provide police manpower and equipment, if available, in an effort to maintain public safety during any of the above described events. 6. Term -This agreement is effective upon execution and may be terminated by either party with 60 days written notice. 5. Insurance -Insurance requirements are met through the City of Virginia Beach's self insurance program administered by Risk Management. 6. Liabili -Neither party assumes liability for the negligent acts of the other party. Code of Virginia § 15.2-1728 provides that City police officers shall have the same immunities as are lawfully conferred upon them within the City when they act, in the performance of their duties, on federal property pursuant to a mutual aid agreement. MEMORANDUM OF UNDERSTANDING BETWEEN COMMANDER, NAVY REGION, MID-ATLANTIC AND THE CITY OF VIRGINIA BEACH 1. Background. The Department of the Navy, acting through Commander, Navy Region, Mid-Atlantic (CNRMA), maintains several military installations in the City of Virginia Beach (City). Since most of the property maintained by CNRMA in the City is under concurrent jurisdiction, the safety and security of personnel and property located within these areas is the primary responsibility of the military. The City of Virginia Beach has agreed to share a limited role in providing police services to "on base" property (within. the secured areas of the military property). There is a need to delineate the responsibilities of both the City and CNRMA regarding the provision of law enforcement and security services to Navy personnel and assets in the City as best as possible. 2. Purpose. The purpose of this agreement is to establish a common understanding between the City and CNRMA regarding the processing of offenses committed on property under concurrent jurisdiction in the City, and the role that both the Virginia Beach Police Department and the Naval Security Force (NSF) will play in ensuring the safety and security of Navy personnel and assets located on such property. 3. Expectations and Requirements a. CNRMA shall: (1) Retain primary responsibility for responding to all situations requiring police involvement on property located within the fenceline and waterways of Naval installations within the City of Virginia Beach. Such property specifically includes: Naval Air Station Oceana, Joint Expeditionary Base Little Creek-Fort Story, and Naval Combat Training Center, Dam Neck. The Navy shall strive to call upon the resources of the Virginia Beach Police Department only as specified in subparagraph 3b(3) of this memorandum. (2) All offenses committed onboard Navy installations by military members, with the exception of those offenses discussed in subparagraph 3(b){5) below where Virginia Beach Police Department (VBPD) responds to the scene, shall normally be processed through the military justice system, U.S. Federal Court or through administrative measures, as appropriate. (3) All offenses committed by civilians onboard Navy installations, except those enumerated in subparagraph 3(b}(5) below, shall normally be processed through U.S. Federal Court. (4) The Program Manager for Public Safety for CNRMA will notify the City of any deviations from this general policy. (5) CNRMA shall ensure that its personnel exercise authority only for offenses that occur on property under U.S. Navy jurisdiction. They shall act within the statutory authority provided in the Posse Comitatus Act (18 U.S.C. section 1385} and applicable Department of Defense and Navy regulations (including, but not limited to, DOD Directive 5525.5, DOD Directive 3025.1, Chief of Naval Operations Instruction 5530.14 series and Chief of Naval Operations Instruction 5585.2 series). (6) Ensure that any situation requiring law enforcement involvement located near but outside of federal property is communicated to VBPD for response. Navy personnel shall not pursue vehicles off-base or exercise any other prescriptive authority off-base unless a direct threat to life or National Security is known by the pursuing officers, and then only to such point where Virginia Beach police can assume the pursuit. Tn cases where a person commits an offense on property under Navy jurisdiction, and then seeks to go outside such jurisdiction to escape police personnel on foot, Navy personnel may pursue the offender outside the bounds of Navy property so long as they do so on foot. In all situations involving a suspect fleeing from the federal facility to avoid capture, U.S. Navy personnel shall request assistance from VBPD. (7) Unless Threat Condition DELTA (no entry or exit in or from a military facility} exists, personnel from the Virginia Beach Police Department, upan proper identification, shall not be prevented from coming aboard Navy installations far the official purpose of enforcing or investigating the crimes listed in subparagraph 3b (5) below. (8) Navy Security Force personnel shall generally be expected to unilaterally respond to all incidents occurring onboard Navy installations. Navy dispatchers shall accept calls from the Virginia Beach 9-1-1 (VB-911) Police Department dispatcher for cases generating onboard Navy installations. Page 2 of 10 Virginia Beach Police Department - US Navy MOU (9) Understand that the Code of Virginia §19.2-81.3 mandates a Virginia Beach police officer shall arrest and take into custody any person he has probable cause to believe is the primary physical aggressor in a suspected violation of Code of Virginia § 18.2-57.2 (assault and battery of a family or household member) or Code of Virginia § 16.1-253.2 (violation of a protective order), and when City police officers respond under the provisions of paragraph 3b (3) and make such a probable cause determination, military personnel may not interfere in that arrest. (10) Promptly notify the ranking representative from the responsible command if there is a need to discuss any issues or problems that require the attention of the City. b. The City shall: (1) Understand that the Program Director for Public Safety is the CNRMA official primarily responsible to the region commander for security and law enforcement issues on property under Navy jurisdiction in the City, but that the individual installation Commanding Officer is ultimately responsible for what happens on board his/her installation. (2) Retain primary responsibility for responding to all situations requiring police involvement on Navy property located outside the confines of Navy installations within the City of Virginia Beach. This specifically includes all privatized Navy housing and the 68th St Beach Club, located within the city of Virginia Beach. (3) Respond to calls for assistance from Navy Security Force personnel, Navy Criminal Investigative Service or to 9-1-1 calls involving the following types of incidents occurring onboard Naval Installations: • Family/Domestic Violence/Child abuse incidents • Felony Offenses involving juvenile suspects All calls for services and/or requests fdr police services that are received by the VB 9-1-1 center will be redirected or forwarded to the Navy SecuritylDispatch. VBPD assistance/response will only occur after being requested by Navy Security/Dispatch and only if it meets one of the exceptions enumerated in this MOU. Navy Security Force personnel will also respond and/or escort VBPD unit to the scene of the case and remain during the duration of the investigation. Page 3 of 10 Virginia Beach Police Department - US Navy MOU (4} Make its best efforts, based on the judgment of the ranking VBPD supervisor, to respond to reasonable requests for support from the Navy for incidents, beyond those listed in paragraph 3b (3} above, involving significant personal injury or death, which require law enforcement capabilities beyond that possessed by Navy security personnel. (5) Generally process the following offenses occurring onboard Navy installations through the court system of the Commonwealth of Virginia: • FamilylDomestic Violence/Child abuse incidents e Felony Offenses involving juvenile suspects • Offenses to which VBPD respond pursuant to subparagraph 3(b)(4) above, and makes an arrest. (6) Understand that Navy Security Forces shall be the primary means of enforcing laws and regulations on property within the confines of Navy installations, and that unique military contingencies (e.g. initiation of Threat~Condition DELTA in response to terrorist attacks) may preclude prompt and immediate entxy on board a Navy installation by City personnel. In cases where access is denied to any member of the VBPD, the Navy security forces will handle all nonemergency calls for service, for the duration of the period heightened security, regardless of the exceptions enumerated in this MOU. (7) Coordinate with the installation security force or NCIS will be made by VBPD, if VBPD officers require access to Navy installations. {8) Promptly notify the Regional Security Officer of the Mid-Atlantic Region (phone number 322-3064) if there is a need to discuss any issues or problems that require the attention of CNRMA andlor the Program Director for Public Safety. 4, Emergent Situations: Notwithstanding the routine exchange of information and delineation of responsibilities outlined in Paragraph 3 above, certain emergent situations may arise onboard Navy Installations with the City of Virginia Beach requiring a specialized response from the Virginia Beach Police Department. The following guidelines will be used for under those unique circumstances. (1} Hostage/Barricade Incident/Crisis Negotiation: Page 4 of 10 Virginia Beach Police Department - US Navy MOU a. Mission: In the event that a hostage/barricade situation occurs onboard one of the above military installations under jurisdiction of Commander, Navy Region Mid-Atlantic, and the installation Commanding Officer determines it is necessary for the use of a special weapons and tactical unit to resolve the situation, the Virginia Beach Police SWAT/CNT Team will be contacted for assistance. The Virginia Beach Police SWAT/CNT Team will provide, if available, a SWAT/CNT Team to respond to the scene upon notification of a hostage/barricade situation. b. Response: Once the VBPD SWAT/CNT team arrives, the team commander will report to the Navy Incident Commander (IC} for the transfer of information concerning the incident. The VBPD SWAT commander may accept command of the incident, per 4(1C), after VBPD resources and personnel have been deployed to the scene and have relieved Navy andlor DOD personnel as needed. The Navy will provide plans, maps, etc. that are required by the VBPD. In keeping with preferred practices, the individual who has established a good rapport with the hostage taker/s will continue unless circumstances dictate otherwise. When possible negotiators from the VBPD SWAT/CNT unit will be used, to allow for team conformity. c. Command/Control: Once it is determined that VBPD SWAT/CNT resources and personnel are to be used, operational control of the situation will be turned over to the VDPD SWATICNT Team Commander. Once committed, overall operations control will stay with the VBPD SWAT/CNT Team Commander until the situation is resolved. The VBPD SWAT/CNT Team will operate based on their established procedures, training, and experience. During the incident there will be continued coordination between Navy and Virginia Beach officials in an attempt to facilitate a reasonable solution to the situation. d. Assault: Entry/assault by the VBPD SWAT team units will be conducted in accordance with Virginia Beach Police Department's training standards. Navy Security Farces may be requested to support the Virginia Beach Police by securing of perimeters/hallways or stairwells as directed by Virginia Beach ;Police. e. Explosives: Use of any explosive devices for breaching of doors, windows, walls, etc., when possible, will be coordinated with the Navy Explosive Ordnance Disposal (EOD), a unit under the operational control of the CNRMA Program Director for Public Safety. Page 5 of 10 Virginia Beach Police Department - US Navy MOU f. Termination of Mission: The VBPD SWAT/CNT Commander may terminate support of the mission at anytime at his/her discretion. However, this decision will be coordinated with the Navy, NCIS and CNRMA before support is terminated. g. Post Incident Teams: Post Incident crime scene teams will consist of Virginia Beach personnel, NCIS and any other unit deemed necessary by the IC. VBPD and NCIS will coordinate any substantive criminal investigative matters. h. Debrief: Based on National Security Requirements, responding Virginia Beach Police Officers could be directed to meet with a Navy Official prior to being released from. the scene if they have entered spaces or been exposed to classified materials or equipment. i. Post VBPD Internal Investigations/Use of Force: Based on the circumstances and the level of force employed by members of the VBPD, representatives from the Department will have full access to all relevant investigative evidence and witness information. (2) Active Shooter: a. Mission: In the event that an active shooter event occurs onboard one of the military installations under jurisdiction of Commander, Navy Region Mid- Atlantic, and the installation security force shift supervisor (Watch Commander) determines that they lack sufficient immediate armed response manpower to handle the situation, the Virginia Beach Police Dispatch will be notified of a request for assistance, and available Virginia Beach Police Officers will respond. b. Response: Available units will be immediately dispatched to the scene. These assets could include K-9 Units, Air Support and SWAT trained officers. The installation's Security Force will grant marked responding units immediate access; will check identification of all officers in an unmarked vehicle/unit and then grant immediate access and escort. Responding units may enter via outbound traffic lanes, as installation policy would be to stop all traffic .from entering/exiting the base during the incident. Responding units will proceed Page 6 of 10 Virginia Beach Police Department - US Navy MOU to the scene, and the Navy's IC will brief the first arriving units. Virginia Beach Police will then execute their standard responses to an Active Shooter. Navy Security Force at the scene will be shifted to the "TACTICAL" command of Virginia Beach Police until the active shooter situation is neutralized and the building/area has been cleared. c. Command/Control: The Navy's IC will be in charge of the Navy's initial response, and for the request for assistance. Once on scene, Virginia Beach Police may accept "TACTICAL" command of the area/building until the active shooter situation is neutralized and the building/area has been cleared. The Navy IC will expand into a unified command structure that will include personnel from all of the major responding organizations. d. Assault: As time is critical during an active shooter situation, immediate entry/assault by arriving units will be conducted in accordance with Virginia Beach Police Department's training standards. Navy Security Forces will support the Virginia Beach Police with either additional entry teams, or securing of perimeters/hallways or stairwells as directed by Virginia Beach Police. e. Post Incident Teams: Post Incident crime scene teams will consist of NCI5, Virginia Beach Police and other Agencies coordinated by NCIS. Debrief: & Post VBPD Internal Investigations/Use of For-ce:~Same conditions apply as articulated in 4(1)(h & i) on page 6. (3) Active Felony Tracking: a. Mission: In the event that a major felony offense (involving personal injury or death) has been committed aboard one of the above military installations under the jurisdiction of Commander, Navy Region Mid-Atlantic (CNRMA), and the installation security force shift supervisor (Watch Commander) has determined that the suspect or suspects is fleeing the Navy installation, the shift supervisor may request assistance from Virginia Beach Police in locating and detaining the suspect (s) . Page 7 of 10 Virginia Beach Police Department - US Navy MOU b. Response: l) Inside the Fence Line: Virginia Beach Police will dispatch K-9 and/or Air Support to help track and detain felony suspects involving serious personal injury or death incidents. Airborne police assets will comply with all normal air traffic control procedures when operating in the vicinity of Naval Air Station Oceana including establishment of communications with Air Traffic Control Tower personnel as appropriate. 2) Outside the Fence Line: U5 Navy Security Forces will provide Virginia Beach Police all available information, to include suspected offense, weapons involved, subjects description, last known location, and direction of travel. Whenever possible, Virginia Beach Police will be allowed access to the initial scene to start air or ground search efforts. This includes granting immediate access for Police K-9 units. 3) In cases where Virginia Beach initiates or is involved in a felony tracking of suspects or a vehicle pursuit that enter military installations under the jurisdiction of Commander, Navy Region Mid-Atlantic, Virginia Beach Police marked police units will be granted immediate access. A Supervisory Police officer will make contact with and establish a unified command post with the Navy Security Force supervisor at the nearest open gate. The Navy and Virginia Beach Police will coordinate their efforts to locate, and detain the suspect (s) . c. Command/Control: 1) Navy will retain field command for all felony tracking pursuits ipitiated within the fence line of an installation, but will work directly with Virginia Beach Police by establishing a unified command post. The Navy IC wi1,l request support from the Virginia Beach Police representative, who will directly control the Virginia Beach Police assets. Page 8 of 10 Virginia Beach Police Department - US Navy MOU 2) Virginia Beach Police have jurisdiction and control outside the fence line. Navy Security Forces will not pursue suspects off of Navy installations. 5. Navy K-9 Support: In the interest of Public Safety, Navy Explosive Detector Dog assets, when available, can be requested by Virginia Beach Police to search for explosives. Navy policy prohibits the use of detector dogs to validate a suspected explosive device that has already been located. 6. Effective Aate: This agreement will become effective upon signature of all parties. 7. Review: This agreement will be reviewed annually. 8. Termination: This agreement will remain in effect until either party gives written notice of their intent to withdraw. Such notice shall be submitted at least 64 days prior to the anticipated date of termination. Page 9 of 10 Virginia Beach Police Department - US Navy MOU APPROVED FOR CONTENT James A. Cervera Chief of Police City of Virginia Beach ' is Beach//~~,~~ ~~Vir in' a BY : ~VIJ Ja es D. Webb C PT, USN Commanding Officer, NAS Virginia Beach, Virginia BY: Ch les L. 5 pard CAPT, USN Commander, JEB-LCFS Virginia Beach, Virgina Oceana APPROVED FOR LEGAL SUFFICIENCY Cit me ginia Beach APPROVED BY: FOR THE CITY OF VIRIGNIA BEACH BY: James K. Spore City Manager City of Virginia Beach Virginia Beach, Virginia ATTEST: City Clerk City of Virginia Beach Frank Hutchison CDR, JAGC, USN Staff Judge Advocate FOR THE UNITED STATES N VY /~ BY: ---~ M.S. Boensel Rear Admiral, U.S. Navy Commander Navy Region, Mid-Atlantic Norfolk, Virginia Page 10 of 10 Virginia Beach Police Department - US Navy MOU -52- Item V.K.B. ORDINANCES/RESOL UTIONS ITEM # 61186 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Fire and Emergency Medical Service Mutual Aid Agreement with localities in Hampton Roads Voting: 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None August 23, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A REGIONAL FIRE AND EMERGENCY MEDICAL SERVICES MUTUAL AID AGREEMENT WITH LOCALITIES IN HAMPTON ROADS WHEREAS, Virginia law authorizes local governments to enter into reciprocal agreements for mutual aid and for cooperation in the furnishing of fire and emergency medical services; and WHEREAS, it is deemed mutually beneficial to the cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, Williamsburg, and the counties of James City, Gloucester, Isle of Wight, Southampton, Surry and York to enter into a regional agreement concerning mutual aid and cooperation with regard to fire and emergency medical services, increasing the ability of the local governments to promote the safety and welfare of the entire area. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the accompanying Regional Fire and Emergency Medical Services Mutual Aid Agreement is approved and that the City Manager be directed to execute said Agreement on behalf of the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of A„gt,st , 2011. APPROVED AS TO CONTENT: ~~ Emergency Medical rvices APPROVED AS TO CONTENT: `~ ~~L!/( i Management APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ity ney's ice f CA12009 R-2 August 12, 2011 SUMMARY OF TERMS 1. Event - an incident requiring Fire or EMS responses that exceeds the equipment and/or personnel resources of the member's Fire and Rescue/EMS Departments. 2. Mutual Aid Agreement - An agreement between sixteen localities to provide emergency services in the event an incident occurs that requires resources beyond those of the requesting locality's Fire and Rescue/EMS departments. 3. Nature -Outlines the procedures for the City of Virginia Beach to provide and receive Fire and Rescue/EMS manpower and equipment, if available, in an effort to effectively respond to emergency incidents. 4. Term -This Agreement is effective upon execution and may be terminated without cause upon thirty (30) days written notice to all other parties. This Agreement mirrors and will rescind the 2003 Agreement upon execution. 5. Insurance -Insurance requirement are met through the City of Virginia Beach's self-insurance program administered by Risk Management. AGREEMENT FOR MUTUAL AID FIRE AND RESCUE SERVICES Among Designated Localities in the Hampton Roads Region of Virginia This Agreement established as of the 1St day of July, 2011 by and among the signatory cities and counties currently represented by the Hampton Roads Planning District Commission (HRPDC) and whose jurisdictional boundaries lie within the Hampton Roads region of the Commonwealth of Virginia [See Appendix A]. The agreement shall be active for and among signatory jurisdictions as of the date of adoption by the jurisdiction and signature of the Chief Administrative Officer. WHEREAS, the parties hereto desire to secure to each other the benefits of mutual aid in situations involving fire and rescue services (including emergency medical services); and WHEREAS, the parties hereto are authorized to enter into this agreement by § § 27-1 et seq., and § 44-146.20, Code of Virginia, 1950, as amended. NOW, THEREFORE, it is mutually agreed as follows: a. On request to a representative of the Providing Entity, by a representative of the Requesting Entity, equipment and personnel of the Providing Entity will be dispatched, when available, to any point within the area for which the Requesting Entity normally provides services as designated by the representative of the Requesting Entity. b. The rendering of assistance under the terms of this Agreement shall not be mandatory, but the Providing Entity should immediately inform the Requesting Entity if, for any reason, assistance cannot be rendered. c. Any dispatch of equipment and personnel pursuant to this Agreement is subject to the following conditions: 1 (1) Any request for aid hereunder shall include a statement of the amount and type of equipment and personnel requested, and shall specify the location to which the equipment and personnel are to be dispatched however, the actual amount and type of equipment and number. of personnel to be furnished in response to the request shall be determined by a representative of the Providing Entity. (2) The personnel of the Providing Entity shall report to the officer in charge of the Requesting Entity at the location to which the equipment is dispatched, and shall be subject to the orders of that official. However, in matters involving health and safety issues, the chain of command of the Providing Entity shall exercise final decision-making authority for its own personnel. Personnel shall continue to be subject to the applicable rules of conduct, regulations, and policies of their own jurisdiction while acting pursuant to this agreement. (3) The personnel and equipment of the Providing Entity shall be released by the Requesting Entity when the services of the Providing Entity are no longer required or when the Providing Entity is needed within the area for which it principally provides services. (4) Responses and/or services shall be provided as determined at the time of need and/or as pre-arranged for certain response areas (automatic responses). d. Each party waives any and all claims against all the other parties which may arise out of the performance of this Agreement e. To the extent permitted by law, the Requesting Entity party agrees to indemnify and save harmless the Providing Entity from all claims by third parties for property damage or personal injury which may arise out of the mutual aid activities performed outside their respective jurisdictions pursuant to this Agreement. 2 £ The provision of aid pursuant to this Agreement shall not impact ownership of equipment or personnel relationships. Nothing in this .Agreement is intended to transfer ownership of equipment or transfer personnel from the Providing Entity to the Requesting Entity. g. Actions taken and expenditures made pursuant to this Agreement shall be deemed conclusively to be for a public and governmental purpose and all of the immunities from liability enjoyed by a party when acting through its fire fighters or emergency medical technicians for a public or governmental purpose within its territorial limits shall be enjoyed by it to the same extent when such party is so acting, under this Agreement, beyond its territorial limits. h. The personnel of any party to this Agreement, when acting hereunder, or under other lawful authority, beyond the territorial limits of their jurisdictions, shall have all the immunities from liability and exemptions from laws, ordinances and regulations, enjoyed by them while performing their respective duties for their respective jurisdictions. i. All compensation, retirement, disability, worker's compensation, life and health insurance, and other benefits to which said personnel are legally entitled shall extend to the services they perform under this Agreement outside their respective jurisdictions. Each party agrees that it shall be responsible for the provisions of all such benefits for its own personnel. This Agreement shall be in effect from and after July 1, 2011 and shall remain in effect until superseded, amended or rescinded in writing by the parties. A party may unilaterally withdraw from this Agreement by providing thirty (30) days written notice of its intent to withdraw to all parties. The withdrawal of individual parties shall not impact the validity of the Agreement for all remaining parties. This Agreement rescinds and supersedes all previous written agreements and oral understandings relating to the provision of mutual aid for fire and rescue and emergency medical services between and among the Entities. 3 CITY OF VIRGINIA BEACH ATTEST: By: James K. Spore City Manager Address for Notice: City Clerk Approved for Content: ~" C~ Steven R. Cover, Fire Chief Approved for Legal Sufficiency: ' Attor y's O ice Bruce Edwards, S Chief 4 Appendix A -Cities and Counties represented by the HRPDC Cit~Chesapeake City of Franklin Gloucester Coun City of Hampton Isle of Wight County James City County City of Newport News City of Norfolk Cit, o, o~quoson City of Portsmouth Southampton County City of Suffolk Surry County City of Virginia Beach City of Williamsburg York County 5 -53- Item V.K.9. ORDINANCES/RESOLUTIONS ITEM# 61187 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to AUTHORIZE a Performance Contract between the Community Services Board and the Virginia Department of Behavioral Health and Developmental Services to maintain services Voting.• 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent: None August 23, 2011 1 2 3 4 5 6 7 8 9 10 11 A RESOLUTION APPROVING A CONTRACT BETWEEN THE COMMUNITY SERVICES BOARD AND THE STATE NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby approves the FY 2011-12 performance contract between the City of Virginia Beach Community Services Board and the Virginia Department of Behavioral Health and Developmental Services, which provides State- controlled performance contract funding to the Community Services Board. Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day of A„ s„~ t , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services l City ney's Office CA12010 R-1 August 5, 2011 -54- Item i!K.10. ORDINANCES/RESOLUTIONS ITEM # 61188 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to ADOPT a revised City Policy re Sister Cities Association of Virginia Beach, Inc. (SCAVB) Voting: 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 23, 2011 REQUESTED BY MAYOR SESSOMS 1 2 3 4 5 6 7 8 9 AN ORDINANCE APPROVING AND ADOPTING A REVISED SISTER CITY POLICY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby approves and adopts the revised policy entitled "Sister City Policy," dated August 23, 2011, which policy has been exhibited to the City Council, and a true copy of which is on file in the City Clerk's Office. Adopted by the City Council of the City of Virginia Beach, Virginia, this 23rd_ day of August , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ty Clerk's O ice ~o~~CG~ City Attorney's Off e CA12016 R-1 August 10, 2011 ~~ ,~s r e`` ~S OF-~Os°°-in~~.AT `OHS City Council Policy Title: Sister City Policy Index Number: Date of Adoption: 3/1/93 Date of Revision: 8/23/11 Page 1 of 1 PURPOSE and NEED: The City of Virginia Beach acknowledges the importance of Sister City relationships for the purpose of international understanding, friendships, cultural and educational exchanges with economic and tourist development activities. On November 26, 1991, City Council adopted a Resolution which reaffirmed Virginia Beach's intent to support Sister City relationships and exchanges with mutual under-standing among the citizens of Moss, Norway, established in 1960, even before the merger of the City of Virginia Beach and Princess Anne County. It was understood at that time other relationships were pending with Miyazaki City, Japan, and Guatemala City, Central America. Subsequently, on October 7, 1992, the charter was issued by Sister Cities International for the culmination of Miyazaki City, Japan. On March 6, 2001, SCI issued the charterfor North Down Borough Council, Bangor, Northern Ireland. POLICY The Mayor's Sister City Commission was reorganized as "Sister Cities Association of Virginia Beach" in 2010 and subsequently qualified for federal tax exemption status. The Sister Cities Association of Virginia Beach shall be governed by By Laws and adhere to the Articles of Incorporation established in the organizational structure, meet quarterly and, when possible, on a date convenient to the Mayor's schedule. The purpose and role of SCAVB shall be to coordinate exchanges, raise funding for activities with detail records, keep the Mayor advised of all activities and sponsor related events. SCAVB shall assume no financial obligation to any Sister City affiliate other than hosting exchanges and related activities. All exchanges must be coordinated to comply with the Mayor's schedule and availability. Each request for a new "Sister City" relationship shall be submitted by the Affiliate Sponsor, with the recommendation in writing, at a meeting of the SCAVB Board of Directors. Any proposed affiliate should be comparable to the City of Virginia Beach in size, population and demographics. Prior to any recommendation, substantial interest and support must be exhibited by the proposing affiliate for at least one [1 ] year to assure there is support for that specific relationship to establish sustainable support and continuing mutual understanding. Once the recommendation has been approved by SCAVB, that proposal must be submitted to Virginia Beach City Council for approval before requesting a charter from SCI. -55- Item vK.ll a. ORDINANCES/RESOLUTIONS ITEM # 61189 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into portions of City property.• WILLIAM D. STEVENSON, SR. to maintain an existing bulkhead, wharf, piles and mooring and to construct and maintain a proposed boatlift, wharf and bulkhead return at 2413 Spindrift Road. DISTWCT S - LYNNHAVEN.• The following conditions shall be required.• 1. 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. 2. 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. 3. 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. 4. 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. 5. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specked herein and to the limited extent specified herein nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. The Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 7 The Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit'). 8. The Grantee shall establish and maintain a riparian buffer, which shall be a minimum of thirty (30) feet in width landward from the shoreline, shall run the entire length of the shoreline and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer'). The Buffer shall not be established during the months of June, July or August so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security in an amount equal to the estimated cost of the required Buffer. The Grantee shall note the Department of Planning when the Buffer is complete and ready for inspection. Upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion through the Buffer to the shoreline is allowed August 23, 2011 -56- Item V.K.lla. ORDINANCES/RESOLUTIONS ITEM # 61189 (Continued) 9. The Grantee shall establish and maintain extensive planting of Roses and Juniper to be planted throughout the Buffer area that will architecturally blend with the species of miscellaneous ground cover, ornamental grasses and perennial plants (the "Buffer') of a size and species of the Grantee's choice. 10. 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. 11. The Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 12. The Encroachment Agreement is conditioned upon the Grantee either procuring a variance to allow the shed, shown on Exhibit A, to remain in its current location or moving the shed so that it complies with the City's Zoning Code requirement that accessory structures less than 100 square feet must be five (S) feet from the property line. 13. 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 the City Engineer's Office of the Department of Public Works. 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 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 August 23, 2011 - 57- Item V.K.lla. ORDINANCES/RESOLUTIONS ITEM # 61189 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 23, 2011 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF A VARIABLE WIDTH 5 CANAL ON CITY PROPERTY KNOWN AS ~ TREASURE COVE/CANAL LOCATED AT g THE REAR OF 2413 SPINDRIFT ROAD, g FOR PROPERTY OWNER WILLIAM D. to STEVENSON, SR. 11 12 WHEREAS, William D. Stevenson, Sr., Trustee of the William D. Stevenson, Sr. 13 Revocable Trust desires to maintain an existing bulkhead, wharf, three (3) piles extending 14 7.5' above wharf dock and four (4) mooring piles and to construct and maintain a is proposed 12' x 12' boatlift, a 17' x 6' wharf and a 8' bulkhead return, collectively, upon a 16 portion of City property known as Treasure Cove/Canal located at the rear of 2413 17 Spindrift Road, in the City of Virginia Beach; and is 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 City's property subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 26 and 15.2-2107, Code of Virginia, 1950, as amended, William D. Stevenson, Sr., his heirs, 2 ~ assigns and successors in title are authorized to maintain an existing bulkhead, wharf, 28 three (3) piles extending 7.5' above wharf dock and four (4) mooring piles and to construct 29 and maintain a proposed 12' x 12' boatlift, a 17' x 6' wharf and a 8' bulkhead return, upon 3o a portion of City property as shown on the map marked Exhibit "A" and entitled: "EXHIBIT 31 "A" -ENCROACHMENT REQUEST FOR WILLIAM D. STEVENSON, SR., TRUSTEE OF 32 THE WILLIAM D. STEVENSON, SR. AMENDED AND RESTATED REVOCABLE TRUST 33 GPIN: 1499-99-1403 SCALE: 1" = 30' DATED: DECEMBER 30, 2010 REV JUNE 20, 34 2011 SHEET 1 OF 1," a copy of which is on file in the Department of Public Works and to 35 which reference is made for a more particular description; and 36 37 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 3s subject to those terms, conditions and criteria contained in the Agreement between the 39 City of Virginia Beach and William D. Stevenson, Sr. (the "Agreement"), which is attached 4 o hereto and incorporated by reference; and 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 4 3 hereby authorized to execute the Agreement; and 44 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 4 6 time as William D. Stevenson, Sr. and the City Manager or his authorized designee 4 7 executes the Agreement. 48 4 9 Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ ~rdday 50 of Au~us~ , 2011. CA-11687 R-1 PREPARED: 7/28/11 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORKS, REAL ESTATE acl ~ ( D A RMEYER, ASSIS ANT 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 27th day of July, 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and WILLIAM D. STEVENSON, SR., TRUSTEE OF THE WILLIAM D. STEVENSON SR. AMENDED AND RESTATED REVOCABLE TRUST, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 253", as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT Scale 1" = 100' October, 1958 prepared by FRANK D. TARRALL, JR. & ASSOCIATES SURVEYORS & ENGINEERS NORFOLK, VA -PRINCESS ANNE COURTHOUSE, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15, and being further designated, known, and described as 2413 Spindrift Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing bulkhead, wharf, three (3) piles extending 7.5' above wharf deck and four (4) mooring piles and to construct and maintain a 12' x 12' boatlift, a 17' x 6' wharf and a 8' bulkhead return, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (NO GPIN REQUIRED OR ASSIGNED TO CITY PROPERTY KNOWN AS TREASURE COVE/CANAL) 1499-99-1403-0000; (2413 Spindrift Road) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of a variable width canal on City property known as Treasure Cove/Canal, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT "A" - ENCROACHMENT REQUEST FOR WILLIAM D. STEVENSON, SR., TRUSTEE OF THE WILLIAM D. STEVENSON, SR. AMENDED AND RESTATED REVOCABLE TRUST GPIN: 1499-99-1403 SCALE: 1" = 30' DATED: DECEMBER 30, 2010 REV JUNE 20, 2011 SHEET 1 OF 1," 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 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit") It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 30 feet in width 3 landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee shall establish and maintain extensive planting of Roses and Juniper to be planted throughout the Buffer area that will architecturally blend with the species of miscellaneous ground cover, ornamental grasses and perennial plants (the "Buffer") of a size and species of the Grantee's choice. 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 4 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 Encroachment Agreement is conditioned upon the Grantee either procuring a variance to allow the shed shown on Exhibit A to remain in its current location or moving the shed so that it complies with the City Zoning Code's requirement that accessory structures less than 100 square feet must be five (5) feet from the property line. 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 the City Engineer's Office of the Department of Public Works. 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 5 ($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, William D. Stevenson, Sr., Trustee of the William D. Stevenson, Sr. Amended and Restated Revocable Trust, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 CITY OF VIRGINIA BEACH gy (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2011, by ,CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) The foregoing instrument was acknowledged before me this day of 2011, by ,CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) 7 WILLIAM D. STEVENSON, SR. By WILLIAM . STEV NSON, SR., TRUSTEE OF THE WILLIAM D. STEVENSON, SR. AMENDED AND RESTATED REVOCABLE TRUST STATE OF ~ I2L?~ ~ !~. CITYfE OF ~,~r.~~ ~, to-wit: - ~ The foregoing instrument was acknowledged before me this ~ ~ day of n.~r 2011, by William D. Stevenson, Sr., Trustee of theYV~lia~ .• ~• W~ Stevenson, Sr. Amended and Restated Revoc.l`r~ust. ~~ Notary Public Notary Registration Number: ~' ~~ ~h••• My Commission Expires: `~ at7/ APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~ ~~~~ ~~ SIGNATURE ' ___ A MEYER, ASST TANT CITY ATTORNEY DEPARTMENT 8 TREASURE COVE S (NO EX. CHANNEL) ~ PROPOSED 12'x12' BOATL.IFf ~ • ~~.~ • ~ o _~ PROPOSED 17'x6' WHARF ~ H y o w N ~ OD ~ ~ EX. WHARF U, EX. BULKHEAD ~ . EX. MOORING PILES (4) rn ~ ~ t .v w 90.54' ~'- ~ ~S 73.4 34 ~W ~ ~' ~' ~' ~ (3) IX. PILES AT IX. WHARF ~ W `~ ~'p~ ~' ~' ''' EXTEND 7.5' ABOVE WHARF ~, ~, ~, B~BUP LKH~ ,~ ,~ ~, DECK ~' RETI~RN ~' ~' '~ ~' SHADED AREA SHED ,~ .v ~ ~ INDICATES IX. BULKHEAD ~, ,~ ~ ENCROACHES ONTO w ~ ~ ~ WCLUDES EXTENSNEBPLANTINGS CITY PROPERTY AND LOT 252 ~, ~, ~, ,~ OF: ROSES a o W SHED TO BE 30~ LANDSCAPE BUFFER JUNIPER ~ ORNAMENTAL GRASSES w ~ ao RE OCATED MIN 5' MISC. GROUND COVER ~ c~ ~ `~' 0 PROPERTY UNE vNivrn~ ~' N rn O ~ -DECK PORCH 2 d ~ ~ ~ N Q° LOT 254 o N/F WILLIAM M. & ~ a o °- MARGARET D. HOGAN z ~ N p p+ GPIN: 1499 89 9490 ° 2417 SPINDRIFT ROAD 2 STY. BRICK a ~ #2413 a- LLB ~ N •~ ~ O_ ~ < ~ .DRI,VE LOT 253 s BAY ISLAND, SECTION 2 INSTRUMENT N0. 20070426000561470 (M.B. 48, PG. 15 & 15A) N 79°12'38" E 153.00' SPINDRIFT ROAD (50' R/W) 0 30' 60' EXHIBIT "A" -ENCROACHMENT REQUEST 1" = 30' FOR WILLIAM D. STEVENSON, SR., TRUSTEE OF THE GPIN: 1499-99-1403 WILLIAM D. STEVENSON, SR. AMENDED AND RESTATED ZONING: R-20 REVOCABLE TRUST ENC~NEEr~NC sER»cES PRanoEO sr: REV JUNE 20, 201 1 PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC. DECEMBER 30, 2010 SHEET 1 OF 1 PHONE: (757) 773-8084 EAWL• RICKOPCC-LLC.COY -58- Item V.K.11 b. ORDINANCES/RESOLUTIONS ITEM # 61190 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into portions of City property: BRYAN EDWARD and PAGE FOSTER WHITE to maintain an existing fixed wood pier and construct and maintain a vertical boat lift at Bass Inlet, 2816 Bluebill Drive. DISTRICT 7 -PRINCESS ANNE, The following conditions shall be required: 1. 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. 2. 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. 3. The Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee; 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. 4. 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. S. 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. 6. The Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 7. The Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit "). August 23, 2011 -59- Item V.K.llb. ORDINANCES/RESOLUTIONS ITEM # 61190 (Continued) 8. The Grantee shall maintain and protect the integrity of the existing variable width riparian buffer, which shall remain a minimum of fifteen (15) feet in width, landward from the shoreline, shall run the entire length of the shoreline and shall consist of a mixture of trees, shrubs and perennial plants (the "Buffer') of a size and species of the Grantee's choice. An access path, stabilized appropriately to prevent erosion through the Buffer to the shoreline, is allowed. 9. 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. 10. The Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 11. 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 the City Engineer's Office of the Department of Public Works. 12. 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. August 23, 2011 -60- Item V.K.11 b. ORDINANCES/RESOLUTIONS ITEM # 61190 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None August 23, 2011 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 5 PROPERTY KNOWN AS BASS INLET ~ -EAST LOCATED AT THE REAR OF 8 2816 BLUEBILL DRIVE, FOR 9 PROPERTY OWNERS BRYAN io EDWARD WHITE AND PAGE FOSTER 11 WHITE 12 13 WHEREAS, Bryan Edward White and Page Foster White desire to maintain an 14 existing fixed wood pier, and construct and maintain a 12' x 12' four pile vertical boat lift 15 upon City property, located at the rear of 2816 Bluebill Drive, in the City of Virginia 16 Beach, Virginia; and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 2 o 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: 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Bryan Edward White and 26 Page Foster White, their heirs, assigns and successors in title are authorized to 2 ~ maintain temporary encroachments for an existing fixed wood pier and to construct and 28 maintain a 12' x 12' four pile vertical boat lift into City owned property as shown on the 29 map marked Exhibit "A" and entitled: "ENCROACHMENT REQUEST - `EXHIBIT A' 3o FOR BRYAN E. and PAGE F. WHITE LOT 6, SECTION 1A, SANDBRIDGE SHORES, 31 NORTH AREA (M.B. 78, PG. 50) PA SANDBRIDGE DISTRICT SHEET 1 OF 1 DATE: 32 JUNE 7, 2010 SCALE: 1" = 30'," a copy of which is on file in the Department of Public 33 Works and to which reference is made for a more particular description; and 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 36 subject to those terms, conditions and criteria contained in the Agreement between the 37 City of Virginia Beach and Bryan Edward White and Page Foster White (the 3 s "Agreement"), which is attached hereto and incorporated by reference; and 39 4o 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 44 time as Bryan Edward White and Page Foster White and the City Manager or his 45 authorized designee executes the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day 4a of August , 2011. CA-11646 R-1 PREPARED: 7/27/2011 APPROVED AS TO CONTENTS ~~.. T ~r ~' ,-- ~ vsGti, P LIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM A EYER, ASSIST 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 29th day of Jam, 2011, by and between the CITY OF VIRGINIA BEACH, _VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and BRYAN EDWARD WHITE and PAGE FOSTER WHITE, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 6", as shown on that certain plat entitled: "REVISED PLAT - SANDBRIDGE SHORES SECTION 1A -NORTH AREA, Lots 45 - 50 -Approved M. J. Owens PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA. Scale: 1" = 100' Dec. 1, 1965, prepared by PALMER L. SMITH, C.L.S VIRGINIA BEACH, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 78, at page 50, and being further. designated, known, and described as 2816 BLUEBILL DRIVE, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to maintain an existing fixed wood pier and to construct and maintain a 12' x 12' four pile vertical boat lift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2433-33-0267-0000; (CITY PROPERTY KNOWN AS BASS INLET -EAST) 2433-26-7064-0000; (2816 Bluebill Drive) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Bass Inlet - East, located at the rear of 2816 Bluebill Drive, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT REQUEST - `EXHIBIT A' FOR BRYAN E. and PAGE F. WHITE LOT 6, SECTION 1A, SANDBRIDGE SHORES, NORTH AREA (M.B. 78, PG. 50) PA SANDBRIDGE DISTRICT SHEET 1 OF 1 DATE: JUNE 7, 2010, SCALE: 1" = 30'," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 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 the Grantee shall maintain and protect the integrity of the existing variable width riparian buffer, which shall remain a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mixture of trees, shrubs and 3 perennial plants (the "Buffer") of a size and species of the Grantee's choice. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. 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 the City Engineer's Office of the Department of Public Works. 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, Bryan Edward White and Page Foster White, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH gv (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2011, by ,CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) The foregoing instrument was acknowledged before me this day of 2011, by ,CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 c- ~ ~~ By ~ . Brya Edward White, Owner BY _-_~ Page Foster White, Owner STATE OF ~~~ !~ ~ ~ ~ ,4 CITY/COUNTY O ~-I-~..v~/` ~ ~ ~ , to-wit: The foregoing instrument was acknowledged before me this ~ day of ~~ ~- ~~ , 2011, by Bryan Edward White. ~j C ` ~ „~~'~'-- (SEAL) Notary Public Notary Registration Number: ~ ~ 3 ~ ~ ~^ My Commission Expires: ~ ~ (-~ ~ ~ ~°'~ STATE OF V r ~'' l.~ ~ ~" CITY/COUNTY O i~~/' ° L ~' , to-wit: Ann C. Common Commonwealth of Virginia Notary Public Commission No. 143785 My Commission Expires 10f31l2012 r~- The foregoing instrument was acknowledged before me this ~ day of J ~-c- ~ ~ , 2011, by Page Foster White. ~' .~~~,co~ (SEAL) Notary Public Notary Registration Number: My Commission Expires: /~3~~.~~ !d ~3i~l~ 7 Ann E. Eammon Commonwealth of Virginia Notary Public 4~. ~. Commission No. 143785 """~ My Commission Expires 10/31/2012 APPROVED AS TO CONTENTS S NATURE ~~1 ~~'~ ~~~~i1f DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM M ER, ASSISTA CITY ATTORNEY ~~ fie. 78 p~ BASS INLET EAST 2849 SANDPIPER ROAD X 50 MLW WIDTH OF CANAL 105'1 N/F C1TY OF VlRG1NlA BEACH M_B. 103, PG. 25 +-FLOOD 2433-33-0267 ®B ~' - ._ _. APPROx 25~ - - - IMF TN ._ - - ~F_ - , WA7£RWAY 0 0 -- PROPOSED BOAT LIFT ~ ~2, `° EXISTING WOOD PIER S 104.3'00" E ~, ~ ~ --• -.._. ..~..~..-_ --MLW TDP.oF BANK ~-" -~~_.. ._.._.._ MHW !P ~ U P-1~T ~ IP Lor s lNST 20091006001174800 2433-26-7064 Y.1 Q ~ ' 0 ~ ~ F ~ ~ i ~- °' 2 ~ STY FRM z ~~2~31 fi LOT 5 N/F BARBARA L BOESNE INSr- zoo3DZO4oo152a6 2433-26-7133 IP 15.07' TO TUNA LN. ., 1 4'~~: °o . U •~Z '4 V: .r. .<. ' N 10 43'00' W '!00.00' BLUEBJLL DRIVE {50 {M.B. 78, PG. 50) 0 0 0 0 0 !P L07 7 N/F BARRY C. ERDELJON D.B. 2567, PG. 273 2433-25-7935 SITE PLAN 0 3p' 60' 1" = 30' ©2010 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERI(ED. ATERFRONT ENCROACHMENT REQUEST - 'EXH1BlT A' CONSULTING FOR tNe. BRYAN E. and PAGE F. WHITE 1112 JENSEIV DRIVE, sTE 206 LOT 6, SECTION 7A, SANDBRlDGE SHORES, NORTH AREA VlRG1NIA BEACH, VA 23451 (M_B. 78 PG. 50) PA SANDBRIDGE DISTRICT pk °~az~-a~zaa FAx: ns~J2's~s8' SHEET 7 OF ? . DATE: JUNE 7, 2010 -61- Item V.K.12a/b/c. ORDINANCES/RESOLUTIONS ITEM # 61191 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. ACCEPT and APPROPRIATE $45,125 Grant funding from the Virginia Department of Emergency Management to the Fire Department re purchase of equipment and supplies at the Field House Emergeucy Shelter b. APPROPRIATE $12,600 with local revenue to the Agriculture Department re a cooperative advertising campaign for the Farmers Market c. Department of Human Services a. $98, 092 from the Virginia Department of Criminal Justice Services b. $10, 899 in DEA Seized Assets Fund with local match c. $10, 899 from the Sheriff's Office Inmate Services Fund with local match d. $10,900 within Human Services with local match Voting: 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 23, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS TO THE FY 2011-12 OPERATING BUDGET OF THE FIRE DEPARTMENT FOR EMERGENCY SHELTER EQUIPMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $45,125 in grant funding from the Virginia Department of Emergency Management is hereby appropriated, with estimated federal revenue increased accordingly, to the FY 2011-12 Operating Budget of the Fire Department for the purchase of equipment and supplies at the Field House Emergency Shelter. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23r~a day of~c~~st ,2011. Requires an affirmative vote by a majority of all of the elected members of City Council. APPROVED AS TO CONTENT l~ ~ `~ 1~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: i y ey's ffice CA12015 R-1 August 10, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO APPROPRIATE FUNDS TO THE FY 2011-12 OPERATING BUDGET OF THE AGRICULTURE DEPARTMENT FOR A COOPERATIVE ADVERTISING CAMPAIGN FOR THE FARMER'S MARKET WHEREAS, the management and the merchants at the Farmer's Market have agreed to jointly participate in a cooperative advertising campaign for the Farmer's Market. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $12,600 is hereby appropriated, with local revenues increased accordingly, to the FY 2011-12 Operating Budget of the Agriculture Department for a cooperative advertising campaign. Adopted by the Council of the City of Virginia Beach, Virginia on the~~ day of August , 2011. Requires an affirmative vote by a majority of all of the elected members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~~.~ Management Services ity ey s ice CA12006 R-1 August 3, 2011 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS, APPROPRIATE DEA SEIZED ASSET FUND 3 BALANCE, AND TRANSFER FUNDS TO PROVIDE FUNDING 4 FOR THE CRISIS INTERVENTION TEAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $98,092 of federal pass-through funding from the Virginia Department of 10 Criminal Justice Services is hereby accepted and appropriated, with federal 11 revenue increased accordingly, to the FY 2011-12 Operating Budget of the 12 Department of Human Services; 13 14 2. $10,899 of fund balance in the DEA Seized Assets Fund is hereby appropriated, 15 with revenue from fund balance increased accordingly, and transferred to the FY 16 2011-12 Operating Budget of the Department of Human Services to provide a 17 local match; 18 19 3. $10,899 is hereby transferred from the Sheriff's Office Inmate Services Fund to 20 the FY 2011-12 Operating Budget of the Department of Human Services to 21 provide a local match; and 22 4. $10,900 is hereby transferred within the FY 2011-12 Operating Budget of the Department of Human Services to provide a local match. Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day of AuTu~t 2011. Requires an affirmative vote by a majority of all of the elected members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services 1 A y's Office CA12011 R-1 August 5, 2011 Item V.L. PLANNING 1. HOWARD J. and CAROL M. MAX 2. WILLIAM M. JONES, SR. 3. BRAVA, LLC -62- ITEM # 61192 4.CEDAR GROVE 2011, LIMITED PARTNERSHIP S.MARQUETTE and ASSOCIATES, LLC 6. TIDEWATER CENTRAL CHURCH OF THE NAZARENE 7. TERR Y PETERSON DEVELOPMENT ONE, LLC STREET CLOSURE NONCONFORMING USE ' CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING AND CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING August 23, 2011 -63- Item V.L. PLANNING ITEM # 61193 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Items 1, 2, 3, 4, 6 and 7 (ALLOWED WITHDRAWAL) ojthe PLANNING BY CONSENT AGENDA: Voting: 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None August 23, 2011 -64- Item VL.l. PLANNING ITEM # 61193 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED , BY CONSENT, Ordinance upon application of HOWARD J. and CAROL M. MARX for the discontinuance, closure and abandonment of a portion of an unimproved alley at 704 Surfside Avenue. GPIN.• Adjacent to property at 2426383386. DISTRICT 6 -BEACH The following conditions shall be required: 1. The City Attorney's Off ce will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street, closure approval. Said plat must include the dedication of a drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works and the City Attorney's offrce, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verb that no private utilities exist within the right-of--way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of--way proposed for closure. If private utilities do exist, the applicant shall provide easements satisfactory to the utility companies. 4. Closure of the right-of--way shall be contingent upon compliance with the above stated conditions within one (1) year of approval by City Council. If all conditions noted above are not in compliance and the final plat is not approved within one (1) year of the City Council vote to close the street, this approval shall be considered null and void. Voting: 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent: None August 23, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ORDINANCE APPROVING APPLICATION OF HOWARD J. MARX AND CAROL M. MARX FOR THE CLOSURE OF '/2 OF THE UNIMPROVED, UNNAMED ALLEY ADJACENT TO LOT 9, BLOCK 16, 704 SURFSIDE AVENUE IN CROATAN WHEREAS, Howard J. Marx and Carol M. Marx (the "Applicant") applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described alley discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said alley be discontinued, closed, and vacated, subject to certain conditions having been met on or before one (1) year from City Council's adoption of this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: SECTION I That the hereinafter described alley be discontinued, closed and vacated, subject to certain conditions being met on or before one (1) year from City Council's adoption of this ordinance: All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "AREA OF CLOSURE 7.5' x 50' OR 375 SQUARE FEET 0.009 ACRES", shown as the cross-hatched area on that certain plat entitled: "EXHIBIT SHOWING PROPOSED STREET CLOSURE OF 7.5' OF 15' ALLEY ADJACENT TO LOT 9, BLOCK 16 CROATAN BEACH (M.B. 24 PG. 37) VIRGINIA BEACH, VIRGINIA" Scale: 1"= 20', dated August 1, 2011, prepared by Ward M. Holmes Land Surveyor, P.C., a copy of which is attached hereto as Exhibit A. G P I N : 2426-38-3386-0000 45 SECTION II 46 47 The following conditions must be met on or before one (1) year from City 48 Council's adoption of this ordinance: 49 50 1. The City Attorney's Office will make the final determination regarding 51 ownership of the underlying fee. The purchase price to be paid to the City shall be 52 determined according to the "Policy Regarding Purchase of City's Interest in Streets 53 Pursuant to Street Closures," approved by City Council. Copies of said policy are 54 available in the Planning Department. 55 56 2. The applicant shall resubdivide the property and vacate internal lot 57 lines to incorporate the closed area into the adjoining parcel. The resubdivision plat 58 must be submitted and approved for recordation prior to final street closure approval. 59 Said plat must include the dedication of a drainage easement over the closed portion of 60 the alley to the City of Virginia Beach, subject to the approval of the Department of 61 Public Works and the City Attorney's office, which easement shall include a right of 62 reasonable ingress and egress. 63 64 3. The applicant shall verify that no private utilities exist within the right-of- 65 way proposed for closure. Preliminary comments from the utility companies indicate 66 that there are no private utilities within the right-of-way proposed for closure. If private 67 utilities do exist, the applicant shall provide easements satisfactory to the utility 68 companies. 69 70 4. Closure of the right-of-way shall be contingent upon compliance with 71 the above stated conditions within one (1) year of approval by City Council. If all 72 conditions noted above are not in compliance and the final plat is not approved within 73 one (1) year of the City Council vote to close the street, this approval will be considered 74 null and void. 75 76 SECTION III 77 78 1. If the preceding conditions are not fulfilled on or before August 22, 79 2012, this Ordinance will be deemed null and void without further action by the City 80 Council. 81 82 2. If all conditions are met on or before August 22, 2012, the date of final 83 closure is the date the street closure ordinance is recorded by the City Attorney. 84 85 3. In the event the City of Virginia Beach has any interest in the 86 underlying fee, the City Manager or his designee is authorized to execute whatever 87 documents, if any, that may be requested to convey such interest, provided said 88 documents are approved by the City Attorney's Office. a 89 90 91 92 93 94 95 96 97 98 SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor" and HOWARD J. MARX and CAROL M. MARX, as "Grantee." Adopted by the Council of the City of Virginia Beach, Virginia, on this 23~ day of ~uTust , 2011. CA11724 R-1 August 11, 2011 APPROVED AS TO CONTENT: ~~ i C~ ~t ~'r ~~'~ ovJ City Attorney 3 APPROVED AS TO LEGAL SUFFICIENCY: -65- Item V.L2. PLANNING ITEM # 61194 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution upon application of WILLIAM M. JONES, SR. for a Noncon orming Use at 2417 Mediterranean Avenue Suite CM (GPIN 24179934132417) re the installation of a concrete driveway, storage shed and deck. DISTRICT 6 -BEACH, The following conditions shall be required: The proposed deck, driveway and shed shall substantially conform to the submitted marked- up Preliminary Plat entitled "Condominium Plat of 2417 and 2421 Mediterranean Avenue; A Condominium, Virginia Beach, VA" by Ward M. Holmes Land Surveyor, P. C. and dated February 17, 2011. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. The deck, as shown in the aforementioned plat, shall be set back at least nineteen and one-half (19. S) feet from the front property line. 2. The proposed deck, fence and shed shall be constructed substantially as shown in the submitted elevations. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 3. The proposed fence shall satisfy all landscape requirements as identified within Section 201 of'the Zoning Ordinance. 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 Twenty-third day of August, Two Thousand Eleven Voting.• 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 23, 2011 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING 3 USE ON PROPERTY OWNED BY WILLIAM 4 M. JONES, SR. AND LOCATED AT 2417 5 MEDITERRANEAN AVENUE 6 7 8 WHEREAS, William M. Jones, Sr., (hereinafter the "Applicant") has made 9 application to the City Council for authorization to enlarge a nonconforming use having 10 the address of 2417 Mediterranean Avenue, in the A-12, Apartment District, by 11 enlarging one of the single-family dwellings on the lot; and 12 13 WHEREAS, there are two single-family dwellings on the same parcel which is not 14 allowed in the A-12 Zoning District; and 15 16 WHEREAS, the two dwellings were constructed prior to the adoption of the 17 applicable zoning regulations and are therefore nonconforming; and 18 19 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 20 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 21 City Council authorizing such action upon a finding that the proposed use, as enlarged, 22 will be equally appropriate or more appropriate to the zoning district than is the existing 23 use; 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That the City Council hereby finds that the proposed use, as enlarged, will be 29 equally appropriate to the district as is the existing use under the conditions of approval 30 set forth hereinbelow. 31 32 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 33 BEACH, VIRGINIA: 34 35 That the enlargement of the nonconforming use is hereby authorized, upon the 36 following conditions: 37 38 1. The proposed deck, driveway, and shed shall substantially conform to the 39 submitted marked-up Preliminary Plat entitled "Condominium Plat of 2417 and 40 2421 Mediterranean Avenue; A Condominium; Virginia Beach, VA" by Ward M. 41 Holmes Land Surveyor, P.C. and dated February 17, 2011. Said elevations have 42 been exhibited to the Virginia Beach City Council and are on file in the Virginia 43 Beach Planning Department. The deck as shown in the afore-mentioned plat 44 shall be set back at least 19.5 feet from the front property line. 45 46 47 48 49 50 51 52 53 54 2. The proposed deck, fence, and shed shall be constructed substantially as shown in the submitted elevations. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 3. The proposed fence shall satisfy all landscape requirements as identified within Section 201 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of A„gt, G t , 2011. APPROVED AS TO CONTENT: P a ing Department APPROVED AS TO LEGAL SUFFICIENCY: '' - ~ ~- ~~ r ~. . ~y City Attorney's Office CA12017 R-1 August 11, 2011 - 66 - Item V.L3 PLANNING ITEM # 61195 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of BRAVA, LLC fora Conditional Use Permit re a Commercial Parking Lot, 301 and 303 20thh Street (GPIN 2427182128, 2427181177). BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BRAVA, Permit re a Commercial Parking Lot, (GPIN 2427182128, 2427181177). DISTRICT 6 -BEACH The following conditions shall be required: LLC for a Conditional Use 301 and 303 20`h Street 8081137437 1. When the property is developed, the improvements shall be in substantial conformance with the plan entitled "Conceptual Parking Lot Site Plan 20`" Street & Pack Avenue Virginia Beach, Virginia" prepared by WPL Landscape Architects Land Surveyors Civil Engineers, dated April 5, 2011, which has been exhibited to the City Council and is on file in the Department of Planning. 2. The site shall adhere to the requirements of City Code Section 23-58 re Commercial Parking Lots. If fence is installed, provide anon-opaque fence no taller than four (4) feet, constructed of maintenance free materials around the perimeter of the parking lot, with the exception of the gated ingress-egress. Landscaping, as required in the City's Parking Lot Landscaping Specifications and Standards, shall be installed outside the fence. Said fence and gate shall not be chain-link or wood split-rail. Detail of the fence shall be submitted with the final Site Plan for approval. 4. The attendant Kiosk shall be similar in design to the building elevations of the 4'-10" x 6'-7" hardi panel siding with vinyl corner trim as shown within the staff report. The attendant Kiosk shall be located no closer than eight (8) feet from the 20`h Street property line. 5. The gate shall consist of materials that are generally recognized as maintenance free. A detail of the gate shall be submitted with the final Site Plan for approval. 6. The parking lot shall be developed and operated in accordance with the provisions of Section 23-58 of the City Code, which regulates Commercial Parking Lots. Moreover, the hours of operation for the parking lot shall be identical to the hours of the City's parking lots as established by City Council, for publicly owned parking lots within the Resort Area. 7. The vehicular access point for the parking lot shall meet the requirements set forth in the Public Works Standards and Specifications Manual. 8. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded and focused away from adjoining property. Photometric Plan shall be submitted during Site Plan review. August 23, 2011 -67- Item T! L.3 PLANNING ITEM # 61195 (Continued) 9. Trash receptacles shall be installed and maintained at the locations determined during site plan review. 10. One (1) sign shall be permitted to identify the parking lot. Said sign shall comply with all requirements for commercial parking lot signs as outlined in Section 23.58 of the City Code. 11. Provide at Site Plan review a Stormwater Management Plan for water quantity conveyance and storage and water quality treatment in accordance with the City Site Plan and Stormwater Ordinances and Public Works Specifications and Standards. 12. The Conditional Use Permit is approved for three (3) years from the date of City Council approval with an annual review by the Zoning Administrator or her designee to insure compliance with the conditions of this use permit. 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 Twenty-third day of August, Ttivo Thousand Eleven Voting: 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 23, 2011 -68- Item V.L4. PLANNING ITEM # 61196 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of CEDAR GROVE 2011, L IMITED PARTNERSHIP for a Conditional Use Permit re housing for homeless, disabled military persons at 904 Board Meadows Drive. (GPIN 1468730885). DISTRICT 4 - BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CEDAR GROVE 2011, LIMITED PARTNERSHIP for a Conditional Use Permit re housing for homeless, disabled military persons at 904 Board Meadows Drive. (GPIN 1468730885). DISTRICT 4 - BAYSIDE 8081137438 The following conditions shall be required: 1. The site shall be developed substantially in accordance with the submitted Site Plan entitled "Conceptual Site Layout & Landscape Plan of Cedar Grove Apartments "prepared by MSA, P. C. and dated 07/15/11. Said Plan is on file in the City of Virginia Beach Planning Department. 2. The proposed building shall be constructed substantially in accordance with the submitted neutral colored perspective entitled "CEDAR GROVE AMulti-Family Housing Development for Virginia Beach Community Development Corporation " and dated 7/26/11. Said perspective is on file in the City of Virginia Beach Planning Department. 3. Provide a comprehensive Landscape Plan to re-establish existing woodland adjacent to the school. Planting shall be comprised of shrubs, understory trees and canopy trees. The spacing/location of the proposed canopy trees and understory trees must accommodate for the trees' future root growth, height and expected canopy size in relationship to the proposed and existing structures, existing vegetation and other proposed canopy tree species. 4. The design of outdoor lighting should accentuate the site and provide sufficient illumination without projecting light and glare onto adjacent properties. Lighting should be designed as an integral part of the architecture to be as unobtrusive as possible. A Photometric Plan is to be provided at Site Plan review. 5. Signs should be consistent in color and theme with the primary building. August 23, 2011 - 69 - Item V.L4. PLANNING ITEM # 61196 (Continued) 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 Twenty-third day of August, Two Thousand Eleven Voting: 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None August 23, 2011 - 70 - Item V.LS. PLANNING ITEM # 61197 Attorney R. E. Bourdon, Phone: 499-8971, represented the applicant and G.S. Developers, L.L.C. He advised has been attempting to assemble six (6) properties over two (2) acres in size on Dam Neck Road and Taneva Court for seven (7) years. The property is surrounded by the densest part of Ocean Lakes, 184 condominium units, and has an access onto Taneva. A condominium project is proposed at 11 units per acre, less than its present surroundings. The Navy stated the density of Ocean Lakes must be utilized, not just the surrounding area. Therefore, the development is at 5 units per acre, single family residences, on Lots between 8,500 square feet, 8,590 and over 11, 000 square feet. At the Track Engineering's request, basically a Feeder Road has been designed to serve six (6) of the single family homes on very deep lots, so there would only be one access at Dam Neck Road. There are four (4) homes that access Taneva Court, 184 condominium units and will sell for ,$300, 000 plus. They are comprised of three (3)-bedroom with two (2) garages. The following registered in OPPOSITION: Genevieve E. Cole, 660 Taneva Court, Phone: (757) 646-0479, presented photographs for the City Council. Arleen Hendrickson, 1742 Ocean Bay Drive, Phone: 721-7494 Upon motion by Council Lady Henley, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, Ordinance upon application of MARQUETTE and ASSOCIATES, LLC for a Chan e o Zoning District Classi acation from AG-2 Agricultural to Conditional R-SS BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of MARQUETTE and ASSOCIATES, LLC for a Chan e oFZonin~ District Classification from AG-2 Agricultural to Conditional R-SS Residential Single Family at 637 Dam Neck Road and 657 Taneva Court. (GPIN 2425157101; 2425155171; 2425146969; 2425162981; 2425145946; 2425155085) Comprehensive Plan -Suburban Area, Density 6 DU /acre DISTRICT 7 -PRINCESS ANNE The following conditions shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. 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 Twenty-third day of August, Ttivo Thousand Eleven August 23, 2011 -71- Item i~LS. PLANNING ITEM # 61197 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 23, 2011 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7976 TO: Mark D. Stiles FROM: B. Kay Wilso DATE: August 11, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application Marquette and Associates, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 23, 2011. I have reviewed the subject proffer agreement, dated February 28, 2011 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen gARQUETTE AND ASSOCIATES, L.L.C., a Virginia limited liability company OHN G. SPIERS, married and TREVOR G. SPIERS, married (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 28th day of February, 2011, by and between ARQUETTE AND ASSOCIATES, L.L.C., a Virginia limited liability company, Grantor, arty of the first part; JOHN G. SPIERS and TREVOR G. SPIERS, Grantors, parties of thE; econd part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the ommonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the parties of the second part are the owners of that certain parcel of roperty located in the Princess Anne District of the City of Virginia Beach, containing pproximately 35,000 square feet, designated "Parcel One" described in Exhibit "A" ttached hereto and incorporated herein by this reference, which parcel along with the other . hree (3) parcels described .in Exhibit "A" are hereinafter collectively referred to as thy: `Property"; and WHEREAS, the party of the first part, is the Owner of three (3) contiguous parcels of and located in the Princess Anne District of the City of Virginia Beach, containing; pproximately 55.232 square feet as more particularly described as Parcels 1, 2, and 3, iri xhibit "A", which is attached hereto and incorporated herein by reference, which parcels long with the other parcel described in Exhibit "A" are hereinafter collectively referred t~:~ s the "Property"; and PIN: 2425-14=5946 2425-15-5085 2425-15-7101 PREPARED BY: 2425-15-5171 2425-14-6969 .: SYI:£S. BOURBON. 2425-15-8181 ~~ t~i£RN ~ l.~vY, P.C 1 WHEREAS, the Grantors have initiated a conditional amendment to the Zoning PREPARED BY: 7 : SYi~£S, ~oU~>oN, ~~ AtI~3tN & ~.~'. P.C. Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG2 Agricultural District to Conditional R-5S Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-5S Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily an~,i without any requirement by or exaction from the Grantee or its governing body an~~i without any element of compulsion or quid fro duo for zoning, rezoning, site plari~, building permit, or subdivision approval; hereby make the following declaration caf conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants rurtning with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed it shall be subdivided into ten (io) lots for single family residential homes in accordance with the "REZONING EXHIBIT FOR 2 PREPARED BY: SYICtS. ~ou~~o~T. ':3~ ~I~RN & L~1: P.C MARQUETTE & ASSOCIATES, LLC & GS DEVELOPERS, LLC TANEVA ESTATES" dated February 28, 2oi1, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. When the Property is developed, there will be no more than ten (lo) single family residential lots as depicted in the Concept Plan. g. When the Property is developed, the residential homes depicted on the Concept Plan shall have the architectural design, and utilize exterior building materials and color selections substantially as depicted and designated on the exhibit entitled "FRONT, REAR, LEFT SIDE, AND RIGHT SIDE ELEVATIONS i~82 SF. SINGLE FAMILY RESIDENCE VIRGINIA BEACH, VIRGINIA", dated February 28, 2011, prepared by Brian Meekins & Associates, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department ("Elevations"). q.. When the Property is subdivided, the six (6) lots designated 5 through lo, as depicted on the Concept Plan, shall be subject to a Declaration creating a mandatory membership homeowners' association for the purpose of maintaining the Private Drive Aisle and the landscaping easement along the frontage of each property. 5. Further conditions maybe required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia„ and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with 3 said instrument as conclusive e~ridence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. PREPARED BY: ~, ~ S1~S, i3otTADON. ~~ SRN & Lam'. P.C. 4 WITNESS the following signature and seal: Grantor: Marquette and Associates, L.L.C., a Virginia limited liability company By: (SEAL) David Marquette, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ,~v The foregoing instrument was acknowledged before me is day of ~_, 2oii, by Da~~id Marquette, Manager of Marquette and Associ tes, ~.L.C., a Virginia limited 4 liability company, Grantor. /'1 ,* Notary Public ',,~y`~eu~t p~~.. My Commission Expires: ~ -~~ - ~ (~ .~~,d~,f3N ~~.+ aca'~.a cbti ~o ~~~ ~' i ~C~von o~Z ~''• •.. . ~ i l ~ w 5 • • •''~ PREPARED BY: SY~:~S. ~aURI~ON. ~~ 1~ER1V & L£V~'. P.C 5 WITNESS the following signature and seal: Grantor: (SEAL) TATE OF VIRGINIA ITY OF VIRGINIA BEACH, to-wit: r~~~ The foregoing instrument was acknowledged before me this ~ day of ~ ~ ~ oil, by John G. Spiers, Grantor. ~~ ~~ Notary Public y Commission Expires: TiNICEY N. ROUBE MoW~- PutWa Cam a~ 1~i11a 2~IIi0Q Myt Coulon Exams Aug 3t. ~1Z PREPARED BY: Sl'I:ES. ~OURI-ON. ~~ SRN & LtVY. P.C. 6 WITNESS the following signature and seal: Grantor: c~ _~ By: (SEAL) T or G. Spiers PREPARED BY: S1'~S, i3OL~2DON. :yam A~I~N & I.~t~'. P.C. ATE OF VIRGINIA TY OF VIRGINIA BEACH, to-wit: The foregoing instrument was 1~, by Trevor G. Spiers, Grantor. Commission Expires: ~-~ ~- j~1 ~ 1 this ~' day of ~ ~~ , 7 EXHIBIT "A" 'ARCELS 1 and 2: ~L THOSE certain lots, pieces or parcels of land, located in the City of Virginia Beach, ate of Virginia, and designated as Parcel "B" and Parcel "D", said Parcel "D" containing 55 acres, more or less, which parcels are located on a plat entitled "Subdivision of ~operties of Mrs. W. O. Gilbert and Mrs. W. E. Brown, Princess Anne Borough, Virginia each, Virginia, scale 1" = 50', September 15, 1964, W. B. Gallup-Surveyor", which plat is corded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in ap Book 'Jl, page 5. PIN: 2425-14-5946 2425-15-5085 ARCEL 3: THAT certain tract, piece or parcel of land,, with the buildings and improvements on, situate, lying and being in the Borough of Princess Anne, City of Virginia Beach, nia, bounded and described as follows: EGINNING at a point on the southern boundary line of New Dam Neck Road at its itersection with the Old Dam Neck Road; thence easterly along the southern boundary line F New Dam Neck Road a distance of 55 feet to a point; thence southerly and parallel with a itch on the western boundary of the.property herein conveyed a distance of 177 feet to a Dint; thence westerly and parallel with the New Dam Neck Road a distance of 18~ feet to ie center of a ditch; thence northerly and down the center of said ditch a distance of g2 feet ~ the Old Dam Neck Road; thence northerly along the southern boundary line of the Ol~:l yam Neck Road a distance of 15o feet to the southern boundary line of the New Dam Neck .Dad with its intersection with the Old Dam Neck Road to the point of beginning. ;SS AND EXCEPT the property taken by the Commonwealth of Virginia in the Certificate Take recorded in Deed Book 2~g~ at page 1727. PIN: 2425-15-101 2425-15-5171 2425-14-6968 PREPARED BY: ~.. S 1 R~S, poIJ~DON. ~~ ;~~RN ~ i.~VY. P.C 8 ARCEL 4: that certain lot, piece or parcel of land with all buildings and improvements thereon and situate in the City of Virginia Beach, Virginia, and being more particularly ded and described as follows: BEGINNING at an iron stub on the west bank of a ditch where it intersects the south side of the New Dam Neck Road and running thence along and parallel with south side of the New Dam Neck Road 20o feet in a westerly direction to a point; thence running in a southerly direction at a right angle with the said road a distance of i~~ feet to a point; thence in an easterly direction and parallel with the said road a distance of 20o feet to the west bank of said ditch; thence in a northerly direction along the west bank of said ditch a distance of 177 feet to the point of beginning. LESS AND EXCEPT that portion of the property conveyed to the State Highway Department, recorded in Deed Book 2805, Page 1198. PIN: 2425-15-8181 \AM\Conditional Rezoning\Marquette & Associates\2oii\PROFFER 2oii.doc PREPARED BY: SYiCES. BOURI)®N. :~~ Ati~' & LEVY. P.C. 9 - 72 - Item V.L6.a1b. PLANNING ITEM # 61198 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Ordinances upon Application of TIDEWATER CENTRAL CHURCH OF THE NAZARENE at 5514 Parliament Avenue. GPIN 1467237741; 1467235784) Comprehensive Plan -Suburban Area Use: Church with multi-purpose facility DISTRICT 2 - KEMPSVILLE: BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinances upon Application of TIDEWATER CENTRAL CHURCH OF THE NAZARENE at 5514 Parliament Avenue. GPIN 1467237741; 1467235784) Comprehensive Plan -Suburban Area Use: Church with multi-purpose facility DISTRICT 2 - KEMPSVILLE: Change of Zoning District Classification from A-12 Apartment and B-2 Community Business to R-10 Residential Conditional Use Permit re a religious use 8081137439 The following conditions shall be required: 1. The applicant shall re-subdivide the sites as depicted on the "Rezoning Exhibit for Tidewater Church of the Nazarene ", dated July 1, 2008, and prepared by Kellam Gerwitz Engineering Surveying Planning. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. Before construction of the Family Life Center, the applicant shall submit Building and Site Development Plans to the Planning Director, or his designee, for review and approval. The Building Plans shall detail the size of the building and the proposed building materials to be used. The Site Development Plan shall depict the location of the building, any additional parking and landscape buffers a minimum of ten (10) feet in width adjacent to the residential lots. 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 Twenty-third day of August, Two Thousand Eleven August 23, 2011 - 73 - Item V.L6.a/b. PLANNING ITEM # 61198 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. None Council Members Absent.• None August 23, 2011 - 74 - Item V.L7. PLANNING ITEM # 61199 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ALLOWED WITHDRAWAL, BY CONSENT, of an Ordinance upon application of TERRY PETERSON DEVELOPMENT ONE, LLC, Chafe of Zoning District Classi ication, R-15 Residential District to Conditional R-10 Residential District and A-12 (PDH-2) Apartment and Planned Unit Development District, north of Ridgley Manor Blvd (GPIN 1468974564(portion). Comprehensive Plan -Suburban Area, Density 4.9 units /acre. DISTRICT 4 - BAYSIDE Voting: 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None August 23, 2011 - ~s - Item V.M.1. ITEM # 61200 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT: AGRICULTURAL ADVISORY COMMISSION COMMUNITY SERVICES BOARD PARKS AND RECREATION PUBLIC LIBRARY BOARD WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD August 23, 2011 - 76 - Item V.N/O/P ADJOURNMENT ITEM # 61201 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:37 P.M. ~~~'J ~ ~O~/4J ~~ Beverly O. Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor August 23, 2011 - 76 - Item V.N/O/P ADJOURNMENT ITEM # 61201 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:37 P.M. ~~ ____________ _ __ _ _ Beverly O. Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor August 23, 2011