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SEPTEMBER 18, 2012 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILL/AM D. SESSOMS, JR., At-Lm•ge VlCE MAYOR LOU[S R. JONES, Bnyside - Disti-ict 4 GLENN R. DAV/S, Rose Hall - Disti-ict 3 WlLLIAM R. DeSTEPH, At-Lnrge F(ARRY E. DIEZEL, Kempsvil/e - Disti-ict 2 ROBERT M. DYER, Ceu(erville - Disti-ict 1 BARBARA M. HENLEY, Princess Anue - District 7 JOHND.MOSS, At-Large JOHN E. UHR/N, 13encli - Disti-ict 6 ROSEMARY WILSON, A!-Laige JAMES L. WOOD, Lviurhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE C'ITYATTORNEY- MARKD. STILES ClTYASSESSOR - JERALD D. BANAGAN CITYAUD/TOR-LYNDONS. REM/AS ClTY CLERK - RUTH HODGES FRASER, MMC ClTYHAGL BU/LDING 2401 COURTHOUSE DRN!' VIRGINIA BEACH, VIRGINIA 13456-900.5 CITY COUNCIL AGENDA PHONE:(757) 385-4303 FAX (757) 385-5669 18 September 2012 E-MAIL: Crycncl@vbgov.com 1. CITY MANAGER'S BREIFING A. PENDiNG PLANNING ITEMS Jack Whitney, Director - Planning II. CITY COUNCIL COMMENTS A. ARENA ANALYSIS III. CITY COUNCIL AGENDA REVIEW - Conference Room - 4:30 PM IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL 5:30 PM C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Kathleen W. Haynes Pastor, Heritage United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. 1NFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA H. PUBLIC HEARING 1. FY 2011-12 CAPITAL BUDGET AMENDMENT Shore Drive - Phase III and Witchduck Road - Phase II 1. PUBLIC COMMENT 1. TOWN CENTER - Phase V J. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS September 11, 2012 1. Ordinance to EXECUTE a LEASE with the Development Authority (VBDA) for City-owned property (Budget Lodge) to provide parking spaces at Atlantic Avenue and 3rd Street. 2. A Resolution to AUTHORIZE a limited waiver of Deed Restrictions to allow a three-story building for Stratford University at 555 South Independence Boulevard Ordinances re APPROPRIATIONS: a. CARRY FORWARD $1,647,651 for authorized obligations and encumbrances previously approved in the FY-2011-12 Budget into the FY-2012-13 Operating Budget b. $244,069 for costs associated with the FY 2012-13 Public Safety Line of Duty Act (LODA) to provide extra benefits for hazardous duty positions pursuant to the Virginia State Code c. $56,420 Grant from the Virginia Division of Motor Vehicles (DMV) with a local match re DUI enforcement d. $65,053 Grant from the Virginia Division of Motor Vehicles (DMV) with a local match re seatbelt law enforcement L. PLANNING 1. Application of JOHN W. LYNCH for a Floodplain Variance at 2341 Princess Anne Road (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION NO ACTION (withdrawn prior to Planning Commission Hearing) 2. Application of ARAI AMERICAS, INC. for Modification of Condition No. 1 of a Street Closure to replace a cul-de-sac with a dedicated public access easement at 5878 Bayside Road (DISTRICT 4 - BAYSIDE) RECOMMENDATION APPROVAL Application of BARBARA L. TYNES for a Conditional Use Permit re a residential kennel at 1928 Stanhope Court (DISTRICT 1- CENTERVILLE) RECOMMENDATION APPROVAL 4. Application of RODNEY PRICE for a Conditional Use Permit re a vehicle rental at 3497 Holland Road (DISTRICT 3- ROSE HALL) RECOMMENDATION APPROVAL 5. Application of SILVER HILL AT THALIA, LLC/JOYCE ANN UPTON for a Conditional Change of Zoning District Classification, from Conditional 0-1 Office to Conditional A-24 Apartment for multi-family dwellings at 4329 Bonney Road (DISTRICT 5- LYNNHAVEN) RECOMMENDATION NO ACTION (Due to City Council date change) M. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION REVIEW AND ALLOCATION COMMITTEE - COG N. UNFINISHED BUSINESS 0. NEW BUSINESS P. ADJOURNMENT The Citv Council Schedule Changes for September September 25 - Workshop - 2:00 p.m. 2012 CITYHOLIDAYS Monday, November 12 Thursday, November22 Friday, November 23 Monday, December 24 Tuesday, December 25 Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day If you are physically disabled or visually impaired and need assistance at tliis meeting, please call the CITY CLERK'S OFFICE at 3854303 -1- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 18, 2012 Mayor William D. Sessoms, Jr. called to order the BRIEFING re PENDING PLANNING ITEMS, in the City Council Conference Room, Tuesday, September 18, 2012, at 4: 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, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Cnuncil Members Absent: None September 18, 2012 -z- CITYMANAGER'S BRIEFING PENDING PLANNING ITEMS 4:30 P.M. ITEM #62217 Mayor Sessoms introduced Jack Whitney, Director - Planning. Mr. Whitney advised there are thirteen (13) Planning items to be heard in October. The following items are scheduled to be heard October 9, 2012. September 18, 2012 -3- CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #622I7(Continued) La Y.u, LLC' Flrst LanAing btate Patk Pt a R75 RZ 5 ? . xomcor?mr?iri? use September 18, 2012 LYNNHAVEN tU??? L2 E25R ? . 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September 18, 2012 -11- CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #62217(Continued) September 18, 2012 -12- CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #62217(Continued) September 18, 2012 -13- CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #62217(Contiizued) Siher Hili at Thali:i, l.,I..C September 18, 2012 -14- CITYMANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #6221 7(Contin ued) W-M 01 M-M ? ? m ---? a ? . ?? • u ?s = _y _?._ ? ?? .... ? _- , _- SITE PLAN ?n.w..u?.w? IX!?'LL01'MCMEYHIBITCOR COTTAGES " AT SILVER H1LL September 18, 2012 -15- CITYMANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #62217(Continued) EE ? ?-?m? ?? FltOM17 CLLVATIOM1 SIDF LLLV:iTIOk '. -- ------- - --------- - tF: T? ? ? 1 ? . . . ..?:. J __ . . . . L. .. Rf.AR ELF.\'A770N September 18, 2012 -16- CITYMANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #62217(Continued) September 18, 2012 -17- CITYMANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #62217(Continued) e ? ? ?= I _.. 3 ? ?. 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September 18, 2012 -24- CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #622I7(Continued) September 18, 2012 -25- CITY MA NA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #622I7(Continued) September 18, 2012 -26- CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #62217(Continued) September 18, 2012 -27- CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #62217(Continued) September 18, 2012 -28- CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #62217(Continued) The following items are scheduled to be heard October 23, 2012. LYNNNAVEN Healthrare '` ' ? ) nis ? A36 ' September 18, 2012 -29- CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #622I7(Continued) September 18, 2012 -30- CITYMANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #62217(Continued) --- { _ i rl?F ILWIIitr 1-0-4150't3N•uiau r wv e?r` s; r+ce u u,v auw sr, n+.cr s fAr v.GV)-a'-?rn? l SENTARA HELIPORT VIRGINIA BEACH, VIRC?INIA September 18, 2012 -31- CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #62217(Continued) CENTERVILLE SeptembeY 18, 2012 -32- CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #62217(Continued) September 18, 2012 -33- CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #622I7(Continued) September 18, 2012 -34- CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #62217(Continued) September 18, 2012 -35- CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #622I7(Continued) September 18, 2012 -36- CITY MA NA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #62217(Continued) September 18, 2012 -37- CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #622I7(Continued) September 18, 2012 -38- CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #62217(Continued) Mayor Sessoms thanked Mr. Whitney. SeptembeY 18, 2012 -38- CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM #62217(Continued) Mayor Sessoms thanked Mr. Whitney. September 18, 2012 -39- CITY COUNCIL COMMENTS ARENA ANALYSIS 4:45P.M. ITEM #622I8 Mayor Sessoms confirmed City Council received his letter regardifig potential arena project dated September 13, 2012. There have been no other meetings since September 12, 2012. Mayor Sessoms believes the next meeting will be in approximately two (2) weeks. Mayor Sessoms will advise City Council of the outcome of the next meeting. Councilman Davis stated there is a movement for an additional Study on the Arena, which will be number four (4). Mr. Davis advised, given the City has three (3) Studies and based on the reputation of the individuals that prepared the reports, he does not agree with wasting .$50 to 100- Thousand on a fourth study. Councilman Moss requested the numbers given to Dr. Koch for his be verified. Councilman Davis stated the Ciry has one study by Comcast Spectacor, one by BARMAC and one by A&P. All three reports came within approximately 12% of each other and each are from the industry. Councilman Moss advised his concern is Comcast is the applicant in part; Comcast also provided the data that Dr. Koch used. Since 1955, over seventeen (17) studies have been conducted on Arenas; all have concluded, without exception, that the positive net value from economic impact is zero. Councilman Moss has identified the academic research to the City Manager. Councilman Davis agrees with what Councilman Moss is saying; however, one of the gentlemen Councilman Moss would like to have a study from is Robert Baade. This gentleman actually said that there has been positive economic impact and mentions Indianapolis where economic impacts were positive from the stadium built. Councilman Davis has two (2) big concerns regarding the majority of the studies mentioned by Councilman Moss. First, these reports look at building stadiums solely to attract a professional team with the stadium going "dark" outside of the season. Secondly, the City goes and rebuilds the Stadium, specifically to bring in more attention and more attractions. The City has the unique situation because the City does not have a professional sports team or an arena for professional entertainment. Secondly, unlike some of the individuals that conducted these studies, Councilman Moss views Comcast as those who would benefit; however Councilman Davis views Comcast as soineone that will "be in the foxhole with us ", being vested in the tune of over $100-Million. Councilman Davis stated September 18, 2012 -40- CITY COUNCIL COMMENTS ARENA ANALYSIS ITEM #62218(Continued) he trusts the Study where the source providing the money is at risk and not the PhD at the University getting paid to put some numbers together in a study. Councilman Moss stated if the project is so great, he would like it to be like the New York Giants who fznanced their own stadium totally with pYivate money. Mr. Uhrin reminded City Council the next meeting is two (2) weeks away and this project is not on the schedule originally anticipated. On that alone, no one should be pushing for anyone to be spending any more money on additional studies at this time and not until the City has a real idea of what the deal might potentially look like. Mayor Sessoms inquired if City Council will give direction to the City Manager to move forward with an additional study: Councilman Moss stated the study does not need to happen today because the financing needs to be included in the study; however, Councilman Moss would like the study in a timely manner to understand the validity and integrity of the databases. He would like to have time to digest the report and then have a conversation with the public. Councilman Davis does not feel an additional study is needed. Councilman DeSteph stated he has not read the three (3) studies, but after reading Dr. Koch's Report and talking with him, he would like to have an additional study before movingfonvard. Councilman Dyer would like to hear Dr. Koch's "State of the Region " before moving fonvard with an additional study. Council Lady Henley, Councilman Diezel, Councilman Uhrin, Councilman Wood, - Council Lady Wilson do not want to have an additional study at this time. September 18, 2012 -41- CITY COUNCIL COMMENTS ARENA ANALYSIS ITEM #62218(Continued) Vice Mayor Jones stated a lot of work needs to be completed before the City spends any more money. Mayor Sessoms stated before this project is before City Council foY consideration, he would not mind having an independent individual review this information. City Manager Spore advised the RFP is due on October IS, 2012, and, at that point, he will share the responses the City received. September 18, 2012 -42- CITY COUNCIL COMMENTS 4: SSP.M. ITEM #62219 Councilman Dyer thanked the Ciry foN hosting the Governor's Local Unfunded Mandated Review Task Force Meeting yesterday at the Virginia Aquarium and the Ciry Council for hosting lunch ITEM #62220 Councilman DeSteph referenced a letter from the Real Estate Assessor regarding the land book value increasing as more homes came on-line for January 1- July 1. There is an additional $1.1-Million in RE:venue than anticipated. HRT is scheduled to host Open House regarding the Virginia Beach Transit Extension. There is a good ad and an article that the Light Rail Advocacy Group will host Fundraiser in Norfolk. If the City is going to publicize one side of this, we should find something to balance it and publicize both sides. ITEM #62221 Councilman Moss referenced the Joint Session scheduled with the School Board on October 2"d and would like to discuss the Agenda and meeting format prior to that date. He would like for it to be more productive than everyone just sitting around and having their three (3) minutes to talk. Mczyor Sessoms advised the feedback from the last Joint Session was one of the best we ever had because of the good conversation. If that is not the direction, this Council would like, please correct me. Councilman Moss stated it was simply a conversation but after we hold that meeting, we should schedule an additional Joint Session to discuss the Funding Formula. Are we hoping to walk out of that meeting with a consensus? Councilman Moss would also like to have as much information regarding the "baseline " Budget for the next Fiscal Year as it would be helpful. Councilman Moss received a copy of a letter from the Resort Advisory Commission that has taken a po.sition on the Referendum question and he feels it is inappropriate for a City appointed Commission to tahe a position as a City Commission. He has asked the City Attorney for his assessment. ITEM #62222 Council Lady Wilson stated she has never known the City Council to hold a Joint Session `just to meet ", without having a purpose. The City Manager and the Superintendent have been working on the Funding Fa°mula. The City Manager advised the draft policy for the Funding Formula would be out in advance of the mecting. It will include not only the numbers, but the wording on how it would be implemented. The goal is to have the draft policy to go out in the City Council's packet this Friday. ITEM #62223 Councilman DeSteph would like to discuss the Legislative Package at the Joint Session. Coz.tncilman DeSteph requested the City Manager include the actual Budget including the approximate $28-Million of pluses back into the Budget this year. Septembes• 18, 2012 -43- AGENDA REVIEW SESSION S: 03 P.M. ITEM #62224 BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. ORDINANCES/RESOL UTIONS Ordinance to EXECUTE a LEASE with the Development Authority (VBDA) for City-owned property (Budget Lodge) to provide parking spaces at Atlantic Avenue and 3"d Street. 2. A Resolution to AUTHORIZE a limited waiver of Deed Restrictions to allow a three-story building for Stratford University at SSS South Independence Boulevard 3. Ordinances re APPROPRIATIONS: a. CARRYFORWARD $1,647,651 for authoYized obligations and encumbrances previously approved in the FY-2011-12 Budget into the FY- 2012-13 Operating Budget b. $244, 069 for costs associated with the FY 2012-13 Public Safety Line of Duty Act (LODA) to provide extra benefits for hazardous duty positions pursuant to the Virginia State Code c. $56, 420 Grant from the Virginia Division of Motor Vehicles (DMV) with a local match re DUI enforcement d. $65, 053 Grant from the Virginia Division of Motor Vehicles (DMV) with a local match re seatbelt law enforcement Item #1 shall be deferred to October 9, 2012 September 18, 2012 -44- AGENDA REVIEW SESSION ITEM #62225 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING Application of JOHN W. LYNCH for a Floodplain Variance at 2341 Princess Anne Road (DISTRICT 7- PRINCESS ANNE) 2. Application of ARAZ AMERICAS, INC. for Modification of Condition No 1 of a Street Closure to replace a cul-de-sac with a dedicated public access easement at 5878 Bayside Road (DISTRICT 4- BAYSIDE) 3. Application of BARBARA L. TYNES for a Conditional Use Permit re a residential kennel at 1928 Stanhope Court (DISTRICT 1- CENTERVILLE) 4. Application of RODNEYPRICE for a Conditional Use Permit re a vehicle rental at 3497 Holland Road (DISTRICT 3- ROSE HALL) 5. Application of SILVER HILL AT THALIA, LLC/JOYCE ANN UPTON for a Conditional Chanze ofZoningDistrict Classification from Conditional 0-1 Office to Conditional A-24 Apartment for multi-family dwellings at 4329 Bonney Road (DISTRICT S - LYNNHAVEN) NO ACTION will be taken on Item #s I and S. September 18, 2012 -45- ITEM#62226 Mayor William D. Sessoms, Jr., entertained a motion to pef-mit 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, di.sciplining 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 Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council voted to proceed into CLOSED SESSION at S: 07 P.M. 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, John D. Moss, MayoY William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Tjoting Nay: None Council Members Absent: None (Break (Closed Session 5:10 P.M. S: 07 P.M. S: I S P.M.) 5:20 P.M.) September 18, 2012 -46- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL September 18, 2012 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, City Hall, on Tuesday, September 18, 2012, at 6: 00 P.M. Council Members Present: Glenn R. Davis, William R. Dyer, Barbara M. Henley, Mayor William D. Sessoms, James L. Wood "Bill " DeSteph, Harry E. Diezel, Robert M. Vice Mayor Louis R. Jones, John D. Moss, Jr., John E. Uhrin, Rosemary Wilson and Council Members Absent.• None INVOCATION: Reverend Kathleen W. Haynes Pastor, Heritage United Methodist Church 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 traizsactions. 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 affzliate 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 thos-oughly review each City Council agenda to identify 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 Mar-ch 24, 2009, is hereby made a part of the record. September 18, 2012 -47- Vice Mayor Jones DISCLOSED, for many years, he served on the Board of DiYectors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. Ofa March 31, 2007, Yice 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 Fznancial, may have an interest in numerous matters in which Vice Mayor Jones has no personal krzowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local GoveYnment 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 Dixon Hitghes Goodman and is directly and indirectly involved in many of Dixon Hughes Goodman's transactions. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson 's letter of January 10, 2012, is hereby made a part of the Necord. 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 en.sure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual orpotential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official Yecords of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of.7anuary 27, 2004, is hereby made a part of the record. September 18, 2012 -48- Item -V-E CERTIFICATION ITEM #62227 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 VotingAye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Cvuncil Members Absent: None September 18, 2012 R E S 0 L U T 10 N 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 #62226 Page 45, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. uth Hodges Fraser, MMC City Clerk September 18, 2012 -49- Item -V-F.1 MINUTES ITEM #62228 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of September Il, 2012. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, RobeYt M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 18, 2012 -50- Item -V-H.1 PUBLIC HEARING ITEM #62229 Mayor Sessoms DECLARED A PUBLIC HEARING: FY2011-12 CAPITAL BUDGETAMENDMENT Shore Drive - Phase III and Witchduck Road - Phase II There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. September 18, 2012 -51- Itenz -V-I.l PUBLIC COMMENT ITEM #62230 Mayor Sessoms DECLARED A PUBLIC HEARING: TOWN CENTER - Phase V The following individuals registered to speak: William H. Harrison advised he is an Attorney practicing law in Town Center and has been doing so since it was Columbus One. Town Center is a prime example of good government. Phase V is a positive step forward and he urged City Council to support this project. • Bob Miller stated this project benefits the entire City and is a great addition to Town Center. Jeanne Evans-Cox, Executive Director of Central Business District, encouraged City Council to support Town Center, Phase V. This is a great project. Councilman Moss advised he received a call from the Libertarian Party of Hampton Roads, Mr. Blythe and Mr. Dean and requested he pass along their objections to this project. Mr. Moss was informed that they were not given adequate time to re-arrange their schedules to appear tonight personally. There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. September 18, 2012 -52- ADOPT AGENDA FOR FORMAL SESSION ITEM #62231 BY CONSENSZIS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION September 18, 2012 -53- Item -V-K ORDINANCES/RESOL UTIONS ITEM #62232 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE MOTION, Items 1(DEFFERED TO 1010912012), 2 and 3a?b/c/d. Voting.• 11-0 (By Consent) Council Members Yoting Aye: Glenn R. Davis, William R"Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay: None Council Members Absent: None September 18, 2012 -54- Itena -V-k.l ORDINANCES/RESOL UTIONS ITEM #62233 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council DEFERRED TO OCTOBER 9, 2012, BY CONSENT, Ordinance to EXECUTE a LEASE with the Development Authority (VBDA) for City-owned property (Budget Lodge) to provide parking spaces at Atlantic Avenue and 3'd Street. 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, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 18, 2012 -55- Item -V-K.2 ORDINANCES/RESOL UTIONS ITEM #62234 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED BY CONSENT, Resolution to AIITHORIZE a limited waiver of Deed Restrictions to allow a three-story buildingfor Stratford tlniversity at 555 South Independence Boulevard Voting: I1-0 (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, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 18, 2012 1 A RESOLUTION AUTHORIZING A LIMITED WAIVER OF 2 THE CITY'S DEED RESTRICTIONS ON THE PROPERTY 3 LOCATED AT 555 S. INDEPENDENCE BOULEVARD 4 (GPIN 1476-78-0091). 5 6 WHEREAS, the City of Virginia Beach (the "City") was the owner of 7 7.687 acres on S. Independence Boulevard (the "Property"); s 9 WHEREAS, City Council adopted Ordinance 2613J on September 26, 10 2000, approving the sale of the Property with several conditions, including a condition ll that no structures constructed on the Property exceed two (2) floors in height (the 12 "Height Restriction"); 13 14 WHEREAS, the City sold the Property to Tech 80, LLC, Technology 15 South, LLC and 43rd Street Associates, LLC, by Deed dated January 16, 2001 and 16 recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (the 17 "Clerk's Office") in Deed Book 4346, at page 1203, which deed documented the deed ls restrictions, including the Height Restriction; 19 20 WHEREAS, the Property was transferred in 2003 to Technocenter 21 Associates, LLC ("Technocenter") and later subdivided into two parcels: one parcel is 22 developed with a two-story office building and the other parcel, known as 555 S. 23 Independence Boulevard (the "Development Site"), is an undeveloped 3.4-acre portion 24 of the Property as shown on the attached Exhibit A; 25 26 WHEREAS, Technocenter, together with TGM Realty Investors Inc., 27 (collectively, the "Applicant") would like to develop the Development Site with a private 28 college known as Stratford University; 29 30 WHEREAS, in order to accommodate the college, the Applicant has 31 requested that the City waive the Height Restriction in a limited way to allow a 3-story 32 building for development of the college; 33 34 WHEREAS, all other deed restrictions affecting the Property will remain in 35 full force and effect on the Property; and 36 37 WHEREAS, the City Council is of the opinion that authorizing the 38 recordation of a document granting a limited waiver of the Height Restriction, to allow 39 construction of a three-story building as to this specific development would be in the 40 best interests of the City. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 43 OF VIRGINIA BEACH, VIRGINIA: 44 45 1. That the City Council hereby authorizes the limited waiver of the Height 46 Restriction created in the Deed from the City to Tech 80, LLC, Technology South, LLC 47 and 43rd Street Associates, LLC, dated January 16, 2001 and recorded in the Clerk's 48 Office in Deed Book 4346, at page 1203 (the "Deed"); 4 9 2. That such limited waiver of the Height Restriction shall apply only as to 50 the Development Site located at 555 S. Independence Boulevard (GPIN 1476-78- 51 0091) and identified and described as "Parcel B-3-13" on that certain subdivision plat 52 entitled, "Subdivision Plat of Parcel B-3 Technology Center Virginia Beach, Virginia" 53 and recorded in the Clerk's Office as Instrument No. 20070406000467600, and to no 54 other property; 55 56 3. That such limited waiver of the Height Restriction shall apply only to 57 allow construction of a structure that does not exceed three (3) floors in height for the 58 development of the proposed private college and shall be in substantial conformance 59 with the submitted plan entitled, "Conceptual Plan for Conditional Use Permit, 60 Stratford University," prepared by Engineering Services, Inc.," Sheets 1 and 2, which 61 have been exhibited to the Virginia Beach City Council and are on file in the Planning 62 Department; 63 64 4. That except for the limited waiver of the Height Restriction authorized 65 herein, all other restrictions, limitations, and terms of the Deed shall continue to 66 remain in full force and effect; and 67 68 5. That the City Manager is hereby authorized to execute any documents 69 necessary to grant such limited waiver as may be consistent with this Resolution and 7o acceptable to the City Manager and in a form deemed satisfactory by the City Attorney 71 and that such documents may be recorded in the land records of the Clerk's Office. 72 73 This ordinance shall be effective from the date of its adoption. 74 75 Adopted by the Council of the City of Virginia Beach, Virginia, on the 76 18th day of September 2012. CA12398 R-1 9/5/12 APP OVE S CONTENT Planning APPROVED AS TO LEGAL SUFFICIENCY APPROVED AS TO CONTENT ,?,Jms ? ? ?- P ic Works/Real Estate i ; , City rne 's ffice ? r 0 n ? ? z ? ? ? ful 11111 i ? 6 + 1 r i ? tl J ? I 1?1 -56- Item -V-K.3a/b/c/d ORDINANCES/RESOL UTIONS ITEM #62235 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, Ciry Council ADOPTED BY CONSENT, Ordinances re APPROPRIATIONS.• a. CARRY FORWARD $1,647,651 for authorized obligations and encumbrances previously approved in the FY-2011-12 Budget into the FY-2012-13 Operating Budget b. $244, 069 for costs associated with the FY 2012-13 Public Safety Line of Duty Act (LODA) to provide extra benefits for hazardous duty positions pursuant to the Virginia State Code c. $56,420 Grant from the Virginia Division of Motor Vehicles (DMV) with a local match re DUI enforcement d. $65, 053 Grant from the Virginia Division of Motor Vehicles (DMV) with a local match re seatbelt law enforcement 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, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 18, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO CARRY FORWARD AND APPROPRIATE $1,647,651 FOR PURPOSES PREVIOUSLY APPROVED IN FY 2011-12 INTO THE FY 2012-13 OPERATING BUDGET W hereas, funds totaling $1,647,651 were unexpended at the close of the FY 2011- 12 fiscal year and require re-appropriation to achieve the purposes for which such funds were included in the FY 2011-12 Operating Budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $1,647,651 is hereby appropriated in the FY 2012-13 Operating Budget for the purposes and amounts as set forth in the attachment entitled "Exhibit A: FY 2011-12 Items Requested for Carry Forward into FY 2012-13," with revenue from the respective fund balances of each fund. Requires an affirmative vote by a majority of all of the members of the City Council. 18th Adopted by the Council of the City of Virginia Beach, Virginia, on the day of September 2012. , APPROVED AS TO CONTENT: ? Management Services CA12381 R-1 September 5, 2012 APPROVED AS TO LEGAL Exhibit A: FY 2011-12 Items Requested for Carry Forward into FY 2012-13 Department Purpose / Comments City Treasurer S 35,500 This is to cover the cost of mail equipment that City Council approved on June 28, 2011. Purchase orders are pending. Human Resources-Director's Office $ 15,590 Funds are needed to conduct entry Firefighter assessments for 300- 400 applicants at the end of July and beginning of August (new fiscal year). Human Resources-Learning and $ 25,000 Start-up cost for E-Learning contract approved in last fiscal year. Development RFP has been completed and negotiations with those vendors on the short list are in progress. Selection and implementation of new contact will be completed during the first quarter of new fiscal year. Police-Support $ 180,000 A total of $180,000 was appropriated to develop or purchase a software application for the false alarm reduction program. A project team has been assembled but the City will not be in a position to obligate these funds until FY 2012-13. Public Works-Mosquito Control $ 100,000 Upgrade electrical, ventilation, and fire suppression to an existing building at the Public Works Pungo facility. Planning-Director's Office $ 46,000 Provide additional software and licenses needed to complete Phase 1 of the Planning Business System Integration of Accela. Cultural Affairs-Art and Humanities $ 17,935 Virginia Beach Arts and Humanities Commission will have $17,935 Commission due to returned project grants and unpaid grants that did not meet contractual stipulations from the Commission. ComIT-Systems Support $ 374,316 Funds needed to complete the upgrading of all City computers to Windows 7 and Office 2010. This project began in May 2011 and is only 41% complete. Emergency Medical Services-Medical $ 12,000 A portion of the funds allocated for the Medically Friendly Shelter Shelters (MFS) Program for Medical Supplies is being requested. Management Services $ 67,758 The City has a contract with Sarasota County Florida for the City's budgeting software. The area where the software falis short is in its performance measurement module. This funding was provided to pay the City's cost of improvements to this module. Changes within the GovMax management structure has delayed this initiative. With Sarasota County taking on the management of the software, there is a user group conference this October to discuss needed changes to the performance measurement module. 1 Exhibit A: FY 2011-12 Items Requested for Carry Forward into FY 2012-13 Department Purpose / Comments Housing & Neighborhood Preservation- $ 12,675 City Council approved $175,000 for enhanced funds for Certificate of Compliance Program homelessness in basic living assistance (fully expended), Medical Issues ($12,675 unexpended), Healing Place regional project (funds fully encumbered). Medical Assistance funds are being requested to carry forward. TOTAL GENERAL FUND $ 886,774 Police-DEA Uniform Patrol Grants $ 3,100 A total of $25,685 was appropriated to allow the department to send command personnel to long-term executive level training. Two long-term schools were attended. The remaining funds will be used within the next 12 months. Police-DEA K-9 $ 13,500 A total of $21,000 was appropriated to purchase 3 replacement canines. One canine has been purchased with 2 additional expected to be replaced within the next 12 months or earlier depending on officer change of assignments, retirements or canine medical issues. Police-DEA Helicopter Unit $ 20,000 Purchase and install a new and supported GPS in the Bell 206 helicopter. This purchase has taken longer than expected but will be completed within the next 6 months. Police-DEA Uniform Patrol $ 100,000 Replace and upgrade components to the oceanfront security camera system. Some minor upgrades have taken place using the department's operating budget funds, but major changes have been delayed to allow additional evaluation. Police-DEA Uniform Patrol $ 26,610 Purchase up to 50 additional or replacement tasers. The department has been evaluating models that have recently become available in the market and has delayed a purchase until a final decision is made. Police-DEA Uniform Patrol $ 25,000 Reconfigure certain components to the Crisis Negotiation Vehicle. The Police Department and City Garage continue to review options regarding this reconfiguration. Police-DEA Special Investigative $ 8,686 The Police Department, with the City Garage's approval, retains Division useful vehicles that are seized though federal or state seizure laws. The Police Department must pay a fixed percentage of a vehicle's value to federal or state agencies on vehicles retained for Police Department use. A total of $8,686.12 remains available for this purpose. 2 ?I Exhibit A: FY 2011-12 Items Requested for Carry Forward into FY 2012-13 Department Purpose / Comments Police-DEA Special Investigative $ 20,000 Funds to allow Special Investigations to replace their facility alarm Division and entry system. Quotes are being solicited to upgrade the alarm system, install security cameras, and door entry mechanisms. Final quotes ad decisions will not be made until after July 1, 2012. Police-DEA Special Investigative $ 15,000 Special Investigations for confidential investigation funds. The Division primary reason the funds have not been used to date is because written protocols are being finalized prior to funds being used. TOTAL DEA SEIZED PROPERTY SPECIAL $ 231,896 REVENUE FUND Public Works-SWU-Operations and $ 120,000 Storm water maintenance replacement equipment - dump truck. Maintenance Delays occurred in ordering during FY 2011-12. Public Works-SWU-Operations and $ 91,333 New dump truck for new storm water maintenance ditch crew. Maintenance Delays occurred in ordering during FY 2011-12. TOTAL STORM WATER UTILITY $ 211,333 ENTERPRISE FUND Parks & Recreation-Schools $ 75,000 Purchase new basketball stanchions, backboards, rims and nets at Landscaping various school sites. TOTAL SCHOOL LANDSCAPING $ 75,000 INTERNAL SERVICE FUND Public Works-Fuels $ 235,000 Citywide fuel access card system to provide a more secure fuel usage system. Product testing will also be needed. TOTAL FUELS INTERNAL SERVICE $ 235,000 FUND Housing & Neighborhood Preservation- $ 7,648 Meter Pilot Program to address panhandling and homelessness at Parking Meter ponations resort area. TOTAL PARKING METERS -HOMELESS $ 7,648 DONATION FUND TOTAL CARRY FORWARDS $ 1,647,651 3 1 AN ORDINANCE TO TRANSFER FUNDS FOR FISCAL YEAR 2 2013 LINE OF DUTY ACT BENEFITS 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 That $224,069 is hereby transferred from the Reserve for Contingencies to the FY 6 13 Non-Departmental Operating Budget to provide Line of Duty benefits for public safety 7 employees and volunteers. 18th of S e p eeed by the C 2012 of the City of Virginia Beach, Virginia on the day t?em APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Manage enV Services ' Atto ey' ice CA12383 R-1 September 11, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS AND TO TRANSFER FUNDS WITHIN THE FY 2012- 13 OPERATING BUDGET OF THE POLICE DEPARTMENT FOR THE ENFORCEMENT OF DUI LAWS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1) $56,420 is hereby accepted from the United States Department of Transportation National Highway Traffic Safety Administration via the Virginia Department of Motor Vehicles and appropriated, with estimated federal revenues increased accordingly, to the FY 2012-13 Operating Budget of the Police Department for police officer over-time and equipment related to the enforcement of DUI laws; and 2) $28,210 is hereby transferred within the FY 2012-13 Operating Budget of the Police Department to provide the local grant match. 18th Adopted by the Council of the City of Virginia Beach, Virginia on the day of September 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , Management Services Ci or y' __ CA12379 R-1 September 4, 2012 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS WITHIN THE FY 2012- 3 13 OPERATING BUDGET OF THE POLICE DEPARTMENT 4 FOR THE ENFORCEMENT OF SEAT BELT LAWS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 9 10 11 12 13 14 15 1) $65,053 is hereby accepted from the United States Department of Transportation National Highway Traffic Safety Administration via the Virginia Department of Motor Vehicles and appropriated, with estimated federal revenues increased accordingly, to the FY 2012-13 Operating Budget of the Police Department for police officer overtime and equipment related to the enforcement of seat belt; and 2) $32,527 is hereby transferred within the FY 2012-13 Operating Budget of the Police Department to provide the local grant match. Ado ted by the Council of the City of Virginia Beach, Virginia on the 18th day of Septener 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ? ? Management Services Cs Office CA12380 R-1 September 4, 2012 -57- Item -V-L PLANNING 1. JOHN W. LYNCH 2. ARAI AMERICAS, INC. 3. BARBARA L. TYNES 4. RODNEYPRICE 5. SILVER HILL AT THALIA, LLC JOYCE ANN UPTON ITEM #62236 FLOODPLAIN VARIANCE MODIFICATION OF CONDITION CONDITIONAL USE PERMIT CONDITIONAL IISE PERMIT CHANGE OF ZONING September 18, 2012 -58- Item -V-L PLANNING ITEM #62237 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items I(NO ACTION TAKEN), 2, 3, 4 and 5(NO ACTION TAKEN) of the PLANNING 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, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay: None Council Members Absent.• None September 18, 2012 -59- Item -V-L.1 PLANNING ITEM #62238 City Council took NO ACTION (withdrawn prior to Planning Commission Hearing) Application of JOHN W. LYNCH for a Floodplain Yariance at 2341 Princess Anne Road (DISTRICT 7- PRINCESS ANNE) September 18, 2012 -60- Item -V-K.2 PLANNING ITEM #62239 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of ARAI AMERICAS, INC. for Modification of Condition No. 1 of a Street Closure to replace a cul-de-sac with a dedicated public access easement at 5878 Bayside Road DISTRICT 4- BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of ARAI AMERICAS, INC. for Modi acation of Condition No. 1 of a Street Closure to replace a cul-de-sac with a dedicated public access easement at 5878 Bayside Road DISTRICT 4- BAYSIDE The following conditions shall be required: 1. All conditions, with the exception of Condition 1, attached to the Street Closure granted by the City Council on June 22, 1999, remain in effect. 2. Condition Number 1 of the June 22, 1999, Street Closure approval is DELETED and replaced with the following: The applicant shall record a Deed of Easement that describes the proposed public easement on the property. The width of the easement shall be determined during detailed Subdivision Plat review. The easement shall also contain language that details the applicant's responsibility to maintain the public easement. The applicant shall also record a new Subdivision Plat that depicts the area of the public easement described in the Deed of Easement. The applicant shall not be required to construct the cul-de-sac unless, in the future, the applicant, or owners in succession, vacate the public easement. This Ordinance shall be effective in accordance with Section 107(fi of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighteenth day of September, Two Thousand Twelve September 18, 2012 -61- Itenz -V-L.2 PLANNING ITEM #62239 (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, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 18, 2012 1 ORDINANCE APPROVING APPLICATION OF ARIA 2 AMERICAS, INC. FOR THE MODIFICATION OF THE 3 CONDITIONS OF A STREET CLOSURE OF A 4 PORTION OF BAYSIDE ROAD 5 6 WHEREAS, on June 22, 1999, Arai Seisakusho Company, Ltd., now 7 known as ARAI Americas, Inc. ("Applicant"), applied for the closure of a portion of 8 Bayside Road, contingent upon compliance with certain conditions; 9 10 WHEREAS, Condition 1 required the Applicant to dedicate a relocated cul- 11 de-sac as depicted on its submitted and subsequently approved construction plans; 12 13 WHEREAS, Condition 3 required the Applicant to resubdivide the property 14 and vacate internal lot lines to incorporate the closed area into the adjoining parcels; 15 16 WHEREAS, the Applicant submitted a subdivision plat, as required by 17 Condition 3, that dedicated the relocated cul-de-sac, as required by Condition 1; 18 19 WHEREAS, the Applicant submitted a subdivision agreement with the 20 subdivision plat, requiring the Applicant to construct all improvements, including the 21 relocated cul-de-sac, as depicted on its construction plan, which plan was previously 22 submitted and approved; 23 24 WHEREAS, the Applicant now desires to modify said Condition 1 to waive 25 the requirement to construct the cul-de-sac, and in lieu thereof, proposes to dedicate a 26 public access easement over its existing driveway to the point where the driveway 27 intersects with Bayside Road; 28 29 WHEREAS, City staff has determined that construction of the cul-de-sac is 30 no longer needed and that the requested modification would not result in any 31 inconvenience to the public; and 32 33 WHEREAS, it is the judgment of the Council that Condition 1 be modified 34 as described herein, and that all other conditions of the street closure remain in effect. 35 36 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 37 Virginia Beach, Virginia: 38 39 SECTION I 40 41 That the hereinabove Ordinance be modified as follow: 42 43 1. All conditions, with the exception of Condition 1, attached to the Street 44 Closure granted by the City Council on June 22, 1999 remain in effect. 45 46 GPIN: Right-of-way / no GPIN assigned 47 Adjacent to GPIN 1459-95-1457 1 48 49 50 5't 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 2. Condition 9 of the June 22, 1999 Street Closure approval is deleted and replaced with the foliowing: The Applicant shall record a Deed of Easement dedicating a public access easement aver its property. The Deed of Easement shall include an exhibit depicting the Iocation and width of #he public access easement and sha[f be submitted to the City for review and approval prior to recordation. The Deed of Easement shall afso contain language that details the ApplicaRt's responsibility to maintain the public access easement. The Applicant, or its successors, shall not be required to construct the cul-de-sac unless the App[icant, or its successors, vacate the public access easement. SECTION II Modified Condition 1 must be met on or before six (6) months from City Council's adoption of this ordinance. SECTION 111 If modified Condition 1 is not fulfilled on or before March 17, 2013, the Ordinance will be deemed null and void without further action by the City Council, and the Applicant shall be required to construct the cul-de-sac. SECTEON IV A certified copy of this Ofdinance shall be fiied in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CfTY OF VIRGINIA BEACH as "Gran#or" and ARAI Americas, 1nc. as "Grantee." I Adopted by the Council of the City of Virginia Beach, Virginia, on this 18th day Of September , 2012 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ? kl?_ Flannin Department City Attorneyo CA12176 1\Vbgov.wmlDFS71ApplicatlonslGlyLavrRodlcycom321W pdocs10004\P074\00036907.OOC R-1 September 7, 2012 ? -62- Item -V-L.3 PLANNING ITEM # 62240 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council APPROVED/REVISED CONDITIONS, BY CONSENT: Application of BARBARA L. TYNES for a Conditional Use Permit re a residential kennel at 1928 Stanhope Court DISTRICT 1- CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of BARBARA L. TYNES for a Conditional Use Permit re a residential kennel at 1928 Stanhope Court (GPIN1475326424) DISTRICT 1 - CENTER VILLE The following conditions shall be required: Unless otherwise further limited by Animal Control, this Conditional Use Permit shall be limited to only those specific eight (8) small breed dogs identified by the applicant as one (1) Shih Tzu, one (1) Yorkshire Terrier, six (6) Chihuahuas. No other dog(s) of any kind, gender, age or breed shall be permitted on the property, except that, at such time as these identified dogs die, the applicant shall be limited to no more than Mr-ee (3) four (4) dogs, which is the maximum allowed by the City Zoning Ordinance without a Conditional Use Permit. 2. The applicant shall ensure that the dogs maintain all required shots and are properly licensed through the City of Virginia Beach. 3. All dogs, when outside of the home, shall be supervised and shall not be a nuisance to any other property owner or resident. 4. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 5. The existing solid fence shall be maintained in good condition. 6. This Conditional Use Permit is approved for a period of one (1) year with an Administrative Review by the Zoning Administrator in consultation with Animal Control. The Conditional Use Permit shall continue thereafter with an annual renewal (if deemed acceptable by the ZoningAdministrator). This OYdinance 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 Eighteenth day of September, Two Thousand Twelve September 18, 2012 -63- Item -V-L.3 PLANNING Voting: I1-0 Council Members Voting Aye: ITEM # 62240(Continued) Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor Williarn D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 18, 2012 -64- Itenz -V-L.4 PLANNING ITEM #62241 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, CONDITIONED, BY CONSENT: Application of RODNEY PRICE for a Conditional Use Permit re a vehicle rental at 3497 Holland Road DISTRICT 3- ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of RODNEY PRICE for a Conditional Use Permit re a vehicle rental at 3497 Holland Road (GPIN1486724993) DISTRICT 3- ROSE HALL The following conditions shall be required: There shall be no more than three (3) trucks and/or trailers, no longer than twenty-two (22) feet in length, parked on the site at any time. The vehicles shall be parked in the three (3) parking spaces located in the southeast corner of the parking lot, as shown on the submitted Site Plan by the color orange and labeled as "Proposed Truck Parking. " Trucks and/or trailers with a length greater than 18 feet shall be parked in the area shown on the submitted Site Plan in blue and labeled as "Oversize Truck Parking. " 2. There shall be no repair, maintenance, washing or detailing of vehicles or trailers on the property. 3. All signage pertaining to the truck and trailer rental business shall conform to the requirements of the City Zoning Ordinance. There shall be no other signs pertaining to the truck and trailer rental business, including neon signs or neon accents installed on any wall area of the building, on the windows and/or doors, light poles or any other portions of the site. There shall be no pennants, ribbons, streamers, spinners, strings of light bulbs, electronic display signs or other similar moving devices. 4. The applicant shall plant eight (8) evergreen shrubs in the location as shown on the submitted Site Plan by the color green and labeled as "Shrub Planting Area. " The evergreen shrubs shall be at least two (2) feet high at planting and spaced a minimum of four (4) feet apart. This condition shall be met within ninety (90) days of the approval of this Use Permit by the City Council. The shrubs shall be maintained in good health,- any shrub that dies during the first year of planting shall be replaced with a new evergreen shrub at least two (2) feet in height. 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 Eighteenth day of September, Two Thousand Twelve September 18, 2012 -65- Item -V-L.4 PLANNING Yoting: 11-0 Council Members Yoting Aye: ITEM #62241(Continued) Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay. None Council Members Absent.• None September 18, 2012 -66- Item -V-1.5 PLANNING ITEM #62242 City Council took NO ACTION - DUE TO CITY COUNCIL DATE CHANGE, Application of SILVER HILL AT THALIA, LLC/JOYCE ANN UPTON for a Conditional ChanQe of Zoning District Classification, from Conditional 0-1 Office to Conditional A-24 Apartment for multi family dwellings at 4329 Bonney Road DISTRICT S- LYNNHAVEN September 18, 2012 -67- ITEM V-M APPOINTMENTS ITEM #62243 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ARTS AND HUMANITIES COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE COMMUNITY SER VICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION REVIEW AND ALLOCATION COMMITTEE - COG September 18, 2012 -68- Iteni -V-M APPOINTMENTS ITEM #62244 Upon NOMINATION by Vice Mayor Jones, City Council APPDINTED: Stephen R. Romine Appointed 3 Year Term 07/Ol/12-6/30/1 S BEACHES AND WATERWAYS COMMISSION Voting: 11-0 (By Consent) Council Members Poting Aye: Glenn R. Davis, William R"Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay: None Council Members Absent: None September 18, 2012 -69- Iteni -V-M APPOINTMENTS ITEM #62245 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Steven Koziol, Master Electrician Appointed 2 Year Term 09/18/12-12/31/14 BOARD OF BUILDING CODE APPEALS Voting: 11-0 (By Consent) Council Members Yoting Aye: Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay: None Council Members Absent: None Septernber 18, 2012 -70- Itenl -V-P ADJOURNMENT ITEM #62246 Mcryor William D. Sessoms DECLARED the Ciry Council Meeting ADJOURNED at 6:09 P.M. Amandj rinley-Barnes, CMC Chief DYputy Ciry Clerk th Hodges Fraser, MMC City Clerk City of ViYginia Beach Virginia William D. Sessoms, Jr. Mayor September 18, 2012 -7o- Item -V-P ADJOURNMENT ITEM #62246 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6: 09 P.M. irf Amand inley-Barnes, CMC Chief puty City Clerk 4RHodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor September 18, 2012