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NOVEMBER 12, 2013 MINUTESCITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large ROBERT M. DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 JOHN D.MOSS, At -Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lvnnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY- MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK -- RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 12 November 2013 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY MANAGER'S BRIEFINGS - Conference Room - A. FLOODPLAIN REGULATION REVISIONS Clay Bernick, Environment and Sustainability Office Administrator Whitney McNamara, Sustainability Planner B. PPEA PROPOSALS TO CONSTRUCT LIGHT RAIL Dave Hansen, Deputy City Manager II. CITY COUNCIL DISCUSSION City Council Vacancies III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION A. B. c. - Conference Room - CALL TO ORDER - Mayor William D. Sessoms, Jr. ROLL CALL COUNCIL RECESS TO CLOSED SESSION 4:00 PM 5:30 PM VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER: Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Walter A. Whitehurst Pastor Retired C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF THE CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 22, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Section 2-469 re the Audit Committee b. Public Works Standards and Specifications re Cavalier Shores Historic Sidewalk 2. Light Rail Proposals: a. Resolution to DIRECT the City Manager to ACCEPT two (2) Conceptual Proposals 1. Parsons Construction Group, Inc. 2. American Maglev Technology, Inc. b. Ordinance to TRANSFER $470,000 re Consulting Services: 1. $200,000 - Department of Public Works 2. $170,000 - Office of the City Attorney 3. $100,000 - Department of Finance 3. Resolution to SUPPORT the City's application for the FY 2014-15 Virginia Department of Transportation (VDOT) Revenue Sharing Program: $7 -Million - First Colonial/Virginia Beach Boulevard $3 -Million - Rosemont Road 4. Resolution to AUTHORIZE and EXECUTE a Memorandum of Agreement to CONSTRUCT and DEDICATE Community Signs at Atlantic Avenue, 83'd and 421/2 Streets 5. Resolution to AUTHORIZE the revised Neighborhood Identification Sign Policy 6. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease Amendment with E.V. Williams re City -Owned property at 1401 Southern Boulevard DISTRICT 6 — BEACH 7. Ordinances to AUTHORIZE temporary encroachments into portions of City property: a. Lake Wesley: ROBERTA MAE MADDOX re wood dock, ramp, fence, bulkhead, riprap, gangway and boat lift at 540 Southside Road DISTRICT 6 — BEACH b. Treasure Cove: The CASTLEMAN FAMILY REVOCABLE LIVING TRUST re bulkhead, riprap, pier and return wall at 2409 Spindrift Road DISTRICT 5 — LYNNHAVEN 8. Ordinances to ACCEPT and APPROPRIATE: a. $258,800 DEA Shared Asset Special Revenue Fund re Police Equipment and Contractual Services b. $ 61,874 to the FY 2013-14 Library Operating Budget re "Stock the Shelves" donations c. $ 56,250 from the U.S. Department of Homeland Security and $18,750 City match from the 2011 Aid to Localities re Fire Department's Marine Team d. $ 20,661 Federal Emergency Management Administration (FEMA) re Urban Search and Rescue Team — Colorado flooding e. $ 20,645 to the FY 2013-14 Sheriff's Office Budget re Store Keeper I full-time position I. PLANNING 1. Applications for Non -Conforming Uses: a. CYNTHIA RICKMAN re redevelopment to demolish and construct new townhouse units at 404 34th Street DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL b. ASSOCIATION FOR RESEARCH and ENLIGHTENMENT, INC (A.R.E.) re alteration to replace and install a new sign at 215 67th Street DISTRICT 5 — LYNNHAVEN RECOMMENDATION: APPROVAL 2. Application of CHECKERED FLAG to MODIFY a Conditional Use Permit re vehicle sales at 3700 Sentara Way (approved February 24, 1997) DISTRICT 3 — ROSE HALL RECOMMENDATION: APPROVAL 3. Application of LYNNHAVEN SHOPPING CENTER, LLC for a Conditional Use Permit re an indoor fitness and wellness facility at 2866 Virginia Beach Blvd DISTRICT 5 - LYNNHAVEN RECOMMENDATION: APPROVAL 4. Application of JANICE M. COFFMAN for a Conditional Use Permit re a child Daycare at 585 Lavender Lane DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 5. Application of RESCUE AUTOMOTIVE for a Conditional Use Permit re a repair garage at 294 North Witchduck Road DISTRICT 4 - BAYSIDE RECOMMENDATION: APPROVAL 6. APPLICATION of VIRGINIA BEACH CITY PUBLIC SCHOOLS for a Change of Zoning from B-2 Community Business to A-36 Apartment re a school at 1008 Ferry Plantation Road DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 7. Application of the CITY OF VIRGINIA BEACH to EXTEND the date for compliance re a Street Closure at Lake Avenue and Oak Street and portions of Locust Crescent and Ellis Avenue DISTRICT 4 - BAYSIDE RECOMMENDATION : APPROVAL J. APPOINTMENTS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY SERVICES BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE (HREDA) HISTORIC PRESERVATION COMMISSION MINORITY BUSINESS COUNCIL PENDLETON PROJECT MANAGEMENT BOARD PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION RESORT AREA PARKING STRATEGY SENIOR SERVICES OF SOUTHEASTERN VIRGINIA (SEVAMP) TRANSITION/ITA TRAFFIC AREA ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT **************************** PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** ***************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL/SCHOOL BOARD JOINT MEETING -BUILDING 19 1. FIVE-YEAR FORECAST TUESDAY, NOVEMBER 19, 2013 3:30 P.M. 2014 CITY COUNCIL RETREAT Economic Development Conference Room 8:30 A.M.-5:00 P.M Monday, January 6th' and Tuesday, January 7th, 2014 2013 CITY HOLIDAYS Thanksgiving Dal' and Day after Thanksgiving Thursday, November 28 and Friday, November 29 Christmas Eve (half-day) - Tuesday, December 24 Christmas Day - fVednesday, December 25 I -1- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 12, 2013 Mayor William D. Sessoms, Jr., called to order the City Council's Informal Session, in the City Council Conference Room, Tuesday, November 12, 2013, at 4:00 P.M. Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Absent: None November 12, 2013 -2 - CITY MANAGER'S BRIEFINGS FLOODPLAIN REG ULA TION REVISIONS ITEM #63243 4:00 P.M. Mayor Sessoms introduced Clay Bernick, Environment and Sustainability Office Administrator. Mr. Bernick expressed his appreciation to Members of City Council for their continued support. Mr. Bernick introduced Whitney McNamara, the newest member of the Sustainability Staff. Ms. McNamara is a recent graduate of Duke University and will be providing the overview of the National Flood Insurance Program. Floodplain Regulation Revisions City Council Briefing November 12, 2013 Clay Bernick and Whitney McNamara November 12, 2013 -3 - CITY MANAGER'S BRIEFINGS FLOODPLAIN REGULATION REVISIONS ITEM #63243(Continued) Mr. Bernick advised FEMA is the "owner" of the entire Floodplain Regulation Program. Below is an overview of the role FEMA has regarding this Program. - Assist state NFIP coordinating agencies - Assess community compliance with the minimum NFIP criteria - Advise local officials - Answer questions from design professionals and the public - Help review and adopt new maps and data -Approve community floodplain management regulations - Provide information and training on flood insurance purchase requirements November 12, 2013 -4 - CITY MANAGER'S BRIEFINGS FLOODPLAIN REG ULA TION REVISIONS ITEM #63243(Continued) Virginia Department of Conservation & Recreation ("DCR') ensures localities have legal authority necessary to adopt and enforce Floodplain Management Regulations. Virg'nia Department of Conservation &..Reaeatio n Below is an overview of the role DCR has regarding this Program. -Ensure that communities have the Legal authorities necessary to adopt and enforce floodplain management regulations - Establish minimum state regulatory requirements consistent with the NFIP - Provide technical and specialized assistance to Local governments - Coordinate the activities of state agencies that affect the NFIP - Establish and enforce floodplain management regulations for state owned properties November 12, 2013 -5 - CITY MANAGER'S BRIEFINGS FLOODPLAIN REGULATION REVISIONS ITEM #63243(Continued) Below is an overview of the role the City has regarding this Program. - Develop and enforce a flood ordinance regulating building construction that meets or exceeds NFIP criteria - Issue/deny floodplain development permits - Inspect development to ensure compliance -Maintain records (elevation, variances, permits, etc.) - Assist in preparation of floodplain maps - Assist residents in obtaining information on flood hazards, floodplain map data, flood insurance, and proper construction November 12, 2013 -6 - CITY MANAGER'S BRIEFINGS FLOODPLAIN REGULATION REVISIONS ITEM #63243(Continued) - Local insurance companies can provide NFIPflood insurance through the write your own program - Private flood insurance is also available, but costly November 12, 2013 -7 - CITY MANAGER'S BRIEFINGS FLOODPLAIN REGULATION REVISIONS ITEM #63243(Continued) FEMA has the Country divided into Regions. The City is in Region II, and has the largest area of flood risk in the Region, as well as the largest number of Flood Insurance Policies in the State. November 12, 2013 -8 - CITY MANAGER'S BRIEFINGS FLOODPLAIN REGULATION REVISIONS ITEM #63243(Continued) The current Flood Maps are from 2009. - Current flood maps are from 2009 - 25,524 total policies- 17,806 for Post -FIRM structures, 7,718 for Pre FIRM (October 1, 1970), 11,985 PRP Policies November 12, 2013 -9 - CITY MANAGER'S BRIEFINGS FLOODPLAIN REGULATION REVISIONS ITEM #63243(Continued) Mr. Bernick advised Ms. McNamara will provide the changes to Biggert Waters 2012. Ms. McNamara advised a number of properties will be impacted by the Biggert-Waters Flood Insurance Reform Act. At the end of 2012, non primary residences receiving subsidized rates were phased out. In October 2013, a number of other property types were phased out as well. Properties Impacted by Biggert-Waters Flood Insurance Reform Act January 1, 2013 Non Primary Residences` October 1, 2013 Business s Properties Severe Repetitive Loss Properties` Claims exceed fair market value New policies Lapsed policies Late 2014 Property owners affected by map changes November 12, 2013 -10 - CITY MANAGER'S BRIEFINGS FLOODPLAIN REG ULA TION REVISIONS ITEM #63243(Continued) Within the last two weeks, a Joint Bill was drafted to delay rate increases for four (4) years while FEMA completes an Affordability Study. H.R. 3370 and 5. 1610 - Introduced on October 29, 2013 - Delays rate increases for 4 years - Requires FEMA affordability study New maps are being developed and will be brought forward for consideration and/or adoption by City Council sometime next Fall. Preliminary data shows 800 properties will be mapped in and 1,000 mapped out. November 12, 2013 -11 - CITY MANAGER'S BRIEFINGS FLOODPLAIN REGULATION REVISIONS ITEM #63243(Continued) The City is being proactive in preparing for the changes to this Program with a variety of initiatives. November 12, 2013 -City has applied for a second -12 - CITY MANAGER'S BRIEFINGS FLOODPLAIN REGULATION REVISIONS ITEM #63243(Continued) The City was awarded a Grant from FEMA to elevate eight (8) homes that qualify under the Severe Repetitive Loss. The City has applied for a second Grant with FEMA to elevate an additional eight (8) properties. -City hasreceived1 FEMA grant properties additional 8 properties o elevate 8 -The Office of Emergency Manag lead on this program nt to elevatean and Severe Repetitive Loss properties are incr-a FEMA conducts periodic visits to the City to review the Floodplain Management Program. The last visit was in 2012. FEMA found deficiencies in the City's Ordinance Enforcement Procedures, record keeping and permitting. November 12, 2013 -13- CITY MANAGER'S BRIEFINGS FLOODPLAIN REGULATION REVISIONS ITEM #63243(Continued) November 12, 2013 -14 - CITY MANAGER'S BRIEFINGS FLOODPLAIN REG ULA TION REVISIONS ITEM #63243(Continued) Staff recommends moving the Ordinance out of the Site Plan Ordinance into a Standalone Ordinance. The duties and responsibilities of Staff have been defined and delegated; however, no new responsibilities were added. November 12, 2013 -15 - CITY MANAGER'S BRIEFINGS FLOODPLAIN REGULATION REVISIONS ITEM #63243(Continued) Staff recommends increasing Freeboard from 1 foot to 2 feet, offering greater protection for residents and lower flood insurance premiums. Additionally, Staff recommends adding an Administrative Variance, as set forth below: Added an administrative variance to allow structures substantially damaged by something other than flood (fire, wind, etc.) to rebuild with 1 foot of freeboard November 12, 2013 -16 - CITY MANAGER'S BRIEFINGS FLOODPLAIN REGULATION REVISIONS ITEM #63243(Continued) Staff also recommends a fee increase from $467 to $650 to recover costs associated with review. November 12, 2013 -17 - CITY MANAGER'S BRIEFINGS FLOODPLAIN REGULATION REVISIONS ITEM #63243(Continued) Under FEMA Standards, RV's must be moveable or meet home elevation and anchoring requirements. Staff plans to meet with owners of local campgrounds to inform them of FEMA Standards. Staff will work with campgrounds to bring them into compliance. - Must be ma.eabte ar meet manufactured home,eleand anchorin rego iremenis Some campgrounds may have permanent structures Plan to meet wIth ownerstoinform them at the 1$sues and develop a jr hE0 compliance Under FEMA Standards, Manufactured Homes must be anchored and elevated. Again, Staff will work with owners of Mobile Home Parks to bring them into compliance. r to 't la k try pc,;s t* vi0tad N rw jeer tt r aLt November 12, 2013 -18 - CITY MANAGER'S BRIEFINGS FLOODPLAIN REGULATION REVISIONS ITEM #63243(Continued) Letters have been sent to Homeowners without Elevation Certification, requesting copy of same. Eight (8) have been received and all are in compliance. FEMA recommends using the VZone Certificate, to go along with the Certificate of Occupancy. w r oar Mparking, or� .t es ithoot e l'lcates von rta" r t�W ii t e Ao vis G ; F r' 1 "V Zone cer cafe, tit he November 12, 2013 -19 - CITY MANAGER'S BRIEFINGS FLOODPLAIN REGULATION REVISIONS ITEM #63243(Continued) RV's must be moveable or meet home elevation and anchoring requirements. Staff plans to meet with owners of local campgrounds to inform them of FEMA 's Standard. Staff will work with campgrounds to bring them into compliance Below are the next steps: Mayor Sessoms thanked Mr. Bernick, Ms. McNamara and the entire Team for their work on this Project. November 12, 2013 -20 - CITY MANAGER'S BRIEFING PPEA PROPOSAL TO CONSTRUCT LIGHT RAIL ITEM #63244 4:27P.M. Mayor Sessoms introduced and welcomed Dave Hansen, Deputy City Manager. Mr. Hansen expressed his appreciation to City Council for their efforts on this Project. Today is to provide a status on the PPEA Proposals to construct Light Rail. Virginia Beach Light Rail Public Private Partnership Proposals IAW the Virginia Public Private Education and Infrastructure Act adopted b Virinia Beach in 2009 Update to City Council 12 November 2013 Conceptual Phase The solicitation that follows the acceptance of an unsolicited proposal seeks other proposals that provide conceptual level detail including: • The private entity's qualifications and experience • The project's characteristics • The project's financing • Project benefit and compatibility If the City desired to solicit proposals in the absence of an unsolicited proposal, the PPEA process would begin with the above solicitation. Additionally, the City could take the concept from an unsolicited proposal and modify the scope of the proposed project to suit its needs. This would result in requiring the firm that submitted the initial unsolicited proposal to submit an updated proposal. November 12, 2013 -21 - CITY MANAGER'S BRIEFING PPEA PROPOSAL TO CONSTRUCT LIGHT RAIL ITEM #63244(Continued) Below are the PPEA Guidelines: PPEA Guidelines Concept proposal evaluation process: (4 Steps): 1. Determine whether or not to accept the conceptual proposal 2. Give public notice & allow submission of competing proposals 3. Accept and Post Competing Proposals 4. Review, analyze & compare all conceptual proposals 5. Select proposals for in-depth detailed submission & review or Below is the chronology of events surrounding this Project: Chronology of Events ✓ Nov 6, 2012: Public referendum ✓ Nov 27, 2012: City Council Resolution to use all reasonable efforts to support the financing and development of The TIDE light rail into Virginia Beach ✓ Apr 2, 2013: Received unsolicited PPEA proposal from Schucet/Skanska/AECOM ✓ Apr 16, 2013: Initial Meeting of Review Task Force & City Council Briefing ✓ Apr 23, 2013: Public Hearing ✓ May 10, 2013: Meeting of Review Task Force ✓ Jun 4, 2013: City Council Briefing ✓ Jun 11, 2013: City Council formally accepts the unsolicited proposal for further review and invitation for competing proposals ✓ Jun 23, 2013: Public Notice Posted for Competing Conceptual Proposals ✓ Oct 21, 2013: Received two Competing Conceptual Proposals from Parsons Construction Group & American Maglev Technology ✓ Oct 21, 2013: Meeting of Review Task Force Nov 12, 2013: VB Light Rail update to City Council/Accept & Post submissions November 12, 2013 -22 - CITY MANAGER'S BRIEFING PPEA PROPOSAL TO CONSTRUCT LIGHT RAIL ITEM #63244(Continued) The City received two (2) additional bids. Below is the information regarding the original PPEA Proposal: Submittal #1 Newtown to Rosemont Project Consortium A- Developers form a Special Purpose Company: • The Philip A. Shucet Company • SKANSKA • AECOM Design -Build (DB) Contractor will be an Unincorporated Joint Venture: • SKANSKA • AECOM r Systems Integrator and Designer: JACOBS r Mechanical & Electrical Contractor: TRULAND Submittal #1 Newtown to Rosemont Project Consortium • The Special Purpose Company (SPC) is a limited liability company which enters into a comprehensive agreement with the City for design -build -finance -maintenance The DB Unincorporated Joint Venture (UJV) will enter into a fixed price, date certain, turnkey design build contract with the SPC r The Systems Integrator and Designer will be engaged by the DB UJV under a design agreement r The Mechanical & Electrical Contractor will be a subcontractor to the DB UJV • The Rolling Stock Contractor (RSC) will supply the rail vehicles to the SPC • The Maintenance Contractor will enter into an Interface Agreement with the SBC, DB UJV and the RSC November 12, 2013 -23 - CITY MANAGER'S BRIEFING PPEA PROPOSAL TO CONSTRUCT LIGHT RAIL ITEM #63244(Continued) Submittal #1 Newtown to Rosemont Project Characteristics r Proposes to design build 5.2 miles of two track extension from Newtown to Rosemont within the Norfolk Southern ROW r Passenger Stations at Witchduck Road, Independence Boulevard, and Rosemont Road r Park & Ride Tots at Witchduck and Rosemont At grade crossings at Newtown, Princess Anne, Greenwich, Euclid and Kellam r Elongated elevated crossing at Independence & Market r All Right of Way to be procured by the City r Requests and Interim Agreement to cover development: planning, design, permitting, mitigation, geotechnical, and financial analysis r Comprehensive Agreement to include 2 year design and construction period followed by a 25 year maintenance period Submittal #1 Newtown to Rosemont Project Characteristics r Four identical rail vehicles are provided r Power provided by an Overhead Catenary System (overhead wires supported by poles located between the two tracks) r The TIDE will be operated by Hampton Road Transit r System maintenance transfers from HRT to the SPC at a fixed cost in establishing a whole life cycle approach versus a local cost share of maintenance approach r Hours of operation Mon -Thu 6 a.m. to 10 p.m., Fri -Sat 6 a.m. to midnight, and Sun 11 a.m. to 9 p.m. As an option the train control safety system can be upgraded from ABS to ATC r Revenue Service Start appears to be 36 months following the negotiated and executed Interim Agreement and approximately 27 months following execution of the Comprehensive Agreement November 12, 2013 -24 - CITY MANAGER'S BRIEFING PPEA PROPOSAL TO CONSTRUCT LIGHT RAIL ITEM #63244(Continued) Submittal #1 City/Agency Responsibilities Virginia Beach • Review and accept the unsolicited proposal • Select a preferred proposer before Sept 30, 2013 ■ Execute the Interim Agreement by Dec 31, 2013 • Execute a Comprehensive Agreement by Sep 30, 2014 • Acquire needed ROW and property for PNR ■ Execute interagency agreements (HRT & DRPT) ■ Join as co -applicant on environmental permit r Norfolk • Execute agreement allowing the SPC to maintain The TIDE for a fixed price Submittal #1 City/Agency Responsibilities r Hampton Roads Transit • Operate entire 12.6 miles of The TIDE to include the farebox revenue system and security • Operate and maintain the Operations Control Center • Complete the VB Transit Extension Study • File New Starts application for federal funding should the VBTES select a LPA eligible for federal funding • Execute agreement allowing the SPC to maintain The TIDE for the entire 12.6 miles • Transfer public subsidies for maintenance of The Tide Virginia Department of Rail and Public Transportation • Execute agreement allowing the SPC to maintain The TIDE for the entire 12.6 miles November 12, 2013 -25 - CITY MANAGER'S BRIEFING PPEA PROPOSAL TO CONSTRUCT LIGHT RAIL ITEM #63244(Continued) Submittal #1 Project Financing Pages 63 — 78 of the Proposal are entitled to protection from disclosure and is exempt from the posting requirements and will not be publicly disclosed prior to the execution of an interim/comprehensive agreement '0 -Submitter released information: ■ Proposed PPEA Project cost estimate: $235M ($45M/mile) Below is the second Proposal identified as PARSONS Consortium — Reach the Beach: Submittal #2 PARSONS Consortium Reach the Beach Parsons Construction Group Inc. (PCG): providing design-build/construction services `- Parsons Transportation Group Inc. (PTG): providing design and engineering services y Parsons Enterprises Inc.(PE) : providing financial expertise and investment capabilities Parsons VBRC: a limited liability, special purpose vehicle established to enter into Interim and Comprehensive contracts November 12, 2013 -26 - CITY MANAGER'S BRIEFING PPEA PROPOSAL TO CONSTRUCT LIGHT RAIL ITEM #63244(Continued) Submittal #2 PARSONS: Reach the Beach Additional Core Team Members • Mass. Electric Construction Co. (MEC): Systems installation • Clark Nexsen, PC: Architectural/facilities • Rummel, Klepper & Kahl, LLP (RK&K): Structural/civil • Troutman Sanders, LLP: Legal advisor • Michael E. Wood Consultant, Inc. (MEW): Stakeholder coordination • MZ Strategies, LLC (MZ Strategies): Transit oriented development • Aquarius Engineering, PC: Drainage • Accumark: Utilities • Dovetail: Cultural Resources • Get Solutions: Geotechnical • KPG: Architecture • Precision Measurements: Survey and Mapping • JRM Engineering: Project Controls/Civil Submittal #2 PARSONS VBRC • For design and construction: PCG enters into agreement with Parsons VBRC ✓ For design and services: PTG enters into agreement with Parsons VBRC r Core Team Members will contract with either Parsons VBRC, PTG or PCG ✓ Once participation goals have been established Parsons VBRC will submit their SWaMs and DMBE certified participation plans ✓ Richard (Dick) White — Program Director r Doug Reehl — Project Manager November 12, 2013 -27 - CITY MANAGER'S BRIEFING PPEA PROPOSAL TO CONSTRUCT LIGHT RAIL ITEM #63244(Continued) Submittal #2 PARSONS Project Characteristics Three Phase Program ■ Phase 1: (4/14 - 8/15) 30% engineering Newtown to Rosemont (Interim Agreement) • Phase 2: (1/15 — 6/18) Final design and construction of Newtown to Rosemont and preliminary engineering for Phase 3 (Comprehensive Agreement) • Phase 3: (6/15 — 9/20) Full design and construction of Rosemont to Oceanfront (Amendment to Comprehensive Agreement) Post construction: Operations, Maintenance, Facilities and Vehicles Submittal #2 PARSONS Project Characteristics - Provides a one -seat ride proposal from the Oceanfront to Norfolk An initial segment and two alternative alignments • Newtown to Rosemont: 4.8 miles/3 stations/3 PNR • Norfolk Southern Alignment: 7.4 miles/4 stations/2 PNR • Hilltop Alignment: 8.7 miles/7 stations/3 PNR Vehicle requirements • Newtown to Rosemont: 9 existing, 5 new • Rosemont to Oceanfront: 9 existing, 10 new y Operations, storage and maintenance centers • Newtown to Rosemont: use existing OC & VSMF at NSU • Rosemont to Oceanfront: use existing OC & VSMF as well as construct new OC and VSMF west of Oceana November 12, 2013 -28 - CITY MANAGER'S BRIEFING PPEA PROPOSAL TO CONSTRUCT LIGHT RAIL ITEM #63244(Continued) Submittal #2 City/Agency Responsibilities r Virginia Beach • Establish process for Program Management and contracting • Select a preferred proposal 4/14 • Select LPA 6/14 and obtain ROD 6/15 • Determine operating and maintenance strategy • Execute the Interim Agreement for Phase 1 by 6/14 • Execute the Comprehensive Agreement for Phase 2 by 6/15 • Acquire needed ROW and property for PNR • Execute interagency agreements (HRT & DRPT) • Collaborate with Parsons in the preparation and submission of multiple federal, state and local permits • City review of Phase 3 offer 12/16 — 3/17 Submittal #2 City/Agency Responsibilities r Hampton Roads Transit • Oversee and complete NEPA process thru receipt of ROD • Lead public outreach in close coordination w/VB • Submit FTA New Starts application should the VBTES and VB select a LPA eligible for federal funding • Submit application for the FTA Pilot Program for Expedited Project Delivery • Allow access to operations center; participate in safety certification • Lead vehicle commissioning and testing • Operate new extension of The TIDE • Assume maintenance of the new extension of The TIDE November 12, 2013 -29 - CITY MANAGER'S BRIEFING PPEA PROPOSAL TO CONSTRUCT LIGHT RAIL ITEM #63244(Continued) Submittal #2 Project Financing r Offers to complete initial phase at a fixed price 0= Offers to prepare project IAW the FTA New Starts Program or Pilot Program for Expedited Project Delivery so as to maintain MAP -21 funding eligibility ...Submitted statement that Section 3 of their Conceptual Proposal, in its entirety, to be confidential and request that it be excluded from public inspection and release under the PPEA Guidelines. Below is the third Proposal identified as American Maglev Technology Team — The Wave: Submittal #3 American Maglev Technology Team The Wave American Maglev Technology -developer - Lockheed Martin — engineering of transit vehicles • Vectorworks Naval Engineering LLC — vehicle assembly • Grupo ACS: development, engineering, construction, operations and maintenance • Divaris Real Estate, Inc: station management • Special Purpose Vehicle (SPV) Company: develops, owns and operates The Wave over the concession Period — unincorporated at this time Natixis Bank -investment banking, management and financial services November 12, 2013 -30 - CITY MANAGER'S BRIEFING PPEA PROPOSAL TO CONSTRUCT LIGHT RAIL ITEM #63244(Continued) Submittal #3 American Maglev Technology Project Characteristics Pioneering project as currently no operational Maglev system in US other than AMT test facility at Powder Springs GA r Automated, driver free technology r 9.5 minute departures expandable to every 2 minutes PV Solar panels on stations 5 vehicles provided with initial service v First year cost per ride: $2 Requires riders to transfer between Light Rail and Maglev technologies r Phased development -3 phases • Pilot Phase: connect Convention Center Station to Dome Station (.8 mi) • Phase 1: extends TIDE to the Wave's Newtown Station and construction of The WAVE from Newtown to Rosemont by 2"d QTR 2016 • Phase 2: connects Rosemont Station to Convention Center Station in 2017 Submittal #3 American Maglev Technology Project Characteristics • Pilot Phase: May — Oct 2014 • Phase 1 Newtown to Rosemont: 4 stations/2 trains; Nov 14 — Apr 16 r Phase 2 Rosemont to Convention Center: 3 stations/3 trains; Oct 15 - Feb 17 r The fundamental element of the overall system is the guideway • Elevated throughout to provide a grade -separated transit system • No moving or electrical parts • 30 foot wide ROW corridor to provide dual tracks and emergency walkway a Fiberglass vehicles are 60 ft. long, 10 ft. wide, 120 pax, 4 sets bi-parting doors/side Operates using 24 computer controlled electromagnets attached to arms underneath to provide levitation, guidance and vertical stability • Propulsion elements: 2 independent inverter & linear induction motor sets • This LIM technology propels the vehicle and provides regenerative braking - 100% automated using a communications -based system of train control - AMT Team will operate and maintain The Wave for a fixed cost concession agreement (30-50 years) November 12, 2013 -31 - CITY MANAGER'S BRIEFING PPEA PROPOSAL TO CONSTRUCT LIGHT RAIL ITEM #63244(Continued) Submittal #3 City/Agency Responsibilities Virginia Beach • Select as the preferred proposal by Dec 31, 2013 • Negotiate and enter into project contract by Mar 31, 2014 • Acquire needed ROW and property for PNR • Expedite permitting process Hampton Roads Transit • Enter into agreement to move the Newtown Station to the AMT ACS preferred location • Enter into a reciprocal free transfer agreement Virginia Department of Transportation • Serve as the agency for certification of the project • Execute capital and operations funding agreements w/ City Regulatory Agencies Submittal #3 Project Financing • Expresses in no case is it anticipated that federal funds will be required or desired • Wave will be eligible for Formulary FTA Operating Funds as well as VDRPT and regional support ✓ Open to contracting methodology and ownership The Pilot Phase $34M will be funded from private equity and contributed to the SPV for construction WAVE projected capital cost of $334M, all inclusive Submitted statement that Section 3 is considered by the Team to be confidential and competition sensitive. It is requested that this information not be shared with any party other than the proposal reviewing team November 12, 2013 -32 - CITY MANAGER'S BRIEFING PPEA PROPOSAL TO CONSTRUCT LIGHT RAIL ITEM #63244(Continued) Below are a number of issues the City should consider as this Project moves forward: Considerations r First stage length into VB r Locally preferred alternative to the Oceanfront r Maintaining eligibility for federal funding r Accelerated delivery r Risk transfer r Innovative financing r Deferred and incentive pricing r Optional service offerings VB Transportation Extension Study r Preliminary Draft Cost Estimates - to Independence: $254M ($79M/mile) • to Lynnhaven: $451M ($65M/mile) ■ to Oceanfront: $807M ($67M/mile) (using Norfolk Southern alignment) r Laskin Road Alignment • Completing draft estimate • Anticipate brief to City Council in Jan 2014 NOTE: VBTES Preliminary Draft cost estimates use 2018 dollars. November 12, 2013 -33 - CITY MANAGER'S BRIEFING PPEA PROPOSAL TO CONSTRUCT LIGHT RAIL ITEM #63244(Continued) Currently, this Project is at the second item listed on the milestone list below Milestone List CY2013 • Oct 21 Receipt of Concept Proposals r Nov 12 Brief City Council on PPEA submissions and post notice of acceptance of all three proposals r Nov 20 Briefings from engineering and legal consultants r Dec 10 Review TF meeting CY2014 ✓ Jan Laskin Road alignment cost estimate brief to City Council Mar Receive Transit Study (DEIS) with recommendations r Apr Conduct Public comment and hearings on DEIS r Apr Draft Scope for detailed phase ✓ May Brief City Council; establish the Locally Preferred Alternative, finalize scope for detailed phase ✓ Jun Issue Scope and Detailed Phase instructions r Jul Finalize EIS Oct Record of Decision on FEIS r Oct Received Detailed submittals ✓ Dec Brief City Council on evaluation of detailed submittals & provide staff recommendation Mayor Sessoms thanked Mr. Hansen and the entire Team working on this Project. November 12, 2013 -34 - CITY COUNCIL DISCUSSION UNSOLICITED PROPOSAL FOR ARENA ITEM # 63245 5:11 P.M. Mayor Sessoms advised the City received an Unsolicited Proposal Friday, November 8, 2013, for the construction of an Arena at 19th Street and Birdneck Road. City Manager Spore advised the City received an Unsolicited Proposal to design, build, operate and maintain an Arena. The Proposed Arena is estimated to have approximately 18,000 seats. The proposed design can be expanded to handle a NBA or NHL Team. The group is comprised of W.M. Jordan Company, HKS Sports & Entertainment and Global Spectrum. The project schedule outlined in the Proposal is design release decision by the end of the First Quarter of 2014, construction to begin the First Quarter of 2015 and the first event to be held at the end of 2016. The Proposal has a guaranteed maximum price with an equity contribution from the Team, particularly Global Spectrum. Again, this is a rough overview of the documents. Mayor Sessoms requested this Proposal be discussed during the Closed Session on November 26, 2013. Councilman Moss requested the City issue a statement on behalf of City Council so the public is aware. Mayor Sessoms requested Councilman Dyer and Councilman Wood meet with the City Attorney to determine what information is not confidential and relay that information to the public. Mr. Stiles advised should the Proposal be accepted, the Unsolicited Proposal can be posted on the Web Site. Once the Proposal is posted, the City must invite other proposals which must be received within sixty (60) days. City Manager Spore confirmed that any information that is not confidential will be posted on the Web Site. Councilman Wood expressed concern for the sixty (60) day time frame and suggested allowing additional time to receive additional proposals. Councilman DeSteph suggested allowing 120 days to receive additional proposals. Councilman Davis expressed concern regarding extending the timeframe if the City is hoping to engage the State. Should the timeframe be extended, the City may miss the window of opportunity for the State to consider this Project or the Virginia General Assembly convenes in January 2014. November 12, 2013 -35 - CITY COUNCIL DISCUSSION UNSOLICITED PROPOSAL FOR ARENA ITEM # 63245(Continued) Councilman Uhrin agreed with Councilman Davis and does not want the City to miss the opportunity for the State to consider this Project. Councilman Dyer advised he would like to see the extended timeframe to allow for adequate civic engagement. Mayor Sessoms suggested the City extend the timeframe to ninety (90) days to receive additional proposals. November 12, 2013 -36 - CITY COUNCIL DISCUSSION CITY COUNCIL VACANCIES ITEM # 63246 5:22 P.M. Mayor Sessoms advised he discussed the process of filling the two (2) vacancies with the City Attorney and suggests the City advertise a Public Notice requesting interested applicants provide their resume and responses to the City Council Questionnaire. Mayor Sessoms would like to get all information by the end of this month in order to have the appointments by first of the year. Mayor Sessoms suggested updating the previous Questionnaire. The City Attorney advised the appointments must be made within sixty (60) days of their resignations. Mayor Sessoms would like to have a Workshop to review applicants during December and hope to have appointments made prior to the City Council Retreat scheduled for January 6-7, 2014. November 12, 2013 -37 - CITY COUNCIL LIAISON REPORTS 5:27P.M. ITEM #63247 Councilman Moss attended the Deferred Compensation meeting and is happy to report the employee's participation is very good. ITEM #63248 Councilman Dyer attended the Minority Business Council Expo this past Thursday. This event was very well attended and is obvious the public is breaking down barriers. Council Lady Ross -Hammond also attended the event. ITEM #63249 Councilman DeSteph attended the recent Bikeways & Trails Meeting; however there were not an adequate number of members present to conduct business. ITEM #63250 Councilman DeSteph advised Sequestration was discussed at the recent MEDAC meeting. The Committee has been visiting local Commands and reports those visits are going well. ITEM #63251 Council Lady Ross -Hammond advised Human Services has a Retreat on November 21, 2013. One concern is their need for a Center to host 18-20 year olds in need of services. November 12, 2013 -38 - CITY COUNCIL COMMENTS 5:33 P.M. ITEM #63252 Council Lady Wilson stated a letter from a variety of local organizations was sent to Governor McDonnell requesting $50 -MILLION for Fiscal Year 2015 regarding continued stormwater improvements. Mayor Sessoms requested Mrs. Fraser, City Clerk, draft a letter to the Governor requesting same. November 12, 2013 -39 - CITY COUNCIL COMMENTS ITEM #63253 Councilman DeSteph encouraged anyone that has not had the opportunity to meet with the new Director of Human Services to take a few minutes and schedule a meeting with her. He is very impressed with what she is doing in Human Services. November 12, 2013 -40 - CITY COUNCIL COMMENTS ITEM #63254 Councilman Moss received the suggested wording from the Real Estate Assessor regarding the new "standard of proof to file an appeal", and believes it can be more customer friendly. He is going to work with City Attorney on this issue in hopes to make it more clear and give the General Assembly credit for the work. November 12, 2013 -41 - AGENDA REVIEW SESSION 5:35 P.M. ITEM #63255 BY CONSENSUS, the following shall compose the CONSENT AGENDA: ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Section 2-469 re the Audit Committee b. Public Works Standards and Specifications re Cavalier Shores Historic Sidewalk 2. Light Rail Proposals: a. Resolution to DIRECT the City Manager to ACCEPT two (2) Conceptual Proposals 1. Parsons Construction Group, Inc. 2. American Maglev Technology, Inc. b. Ordinance to TRANSFER $470,000 re Consulting Services: 1. $200,000 - Department of Public Works 2. $170,000 - Office of the City Attorney 3. $100,000 - Department of Finance 3. Resolution to SUPPORT the City's application for the FY 2014-15 Virginia Department of Transportation (VDOT) Revenue Sharing Program: $7 -Million - First Colonial/Virginia Beach Boulevard $3 -Million - Rosemont Road 4. Resolution to AUTHORIZE and EXECUTE a Memorandum of Agreement to CONSTRUCT and DEDICATE Community Signs at Atlantic Avenue, 83rd and 421/2 Streets 5. Resolution to AUTHORIZE the revised Neighborhood Identification Sign Policy 6. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease Amendment with E. V. Williams re City -Owned property at 1401 Southern Boulevard DISTRICT 6 — BEACH 7. Ordinances to AUTHORIZE temporary encroachments into portions of City property: a. Lake Wesley: ROBERTA MAE MADDOX re wood dock, ramp, fence, bulkhead, riprap, gangway and boat lift at 540 Southside Road DISTRICT 6 — BEACH b. Treasure Cove: The CASTLEMAN FAMILY REVOCABLE LIVING TRUST re bulkhead, riprap, pier and return wall at 2409 Spindrift Road DISTRICT 5 — LYNNHAVEN 8. Ordinances to ACCEPT and APPROPRIATE: a. $258, 800 DEA Shared Asset Special Revenue Fund re Police Equipment and Contractual Services b. $ 61,874 to the FY 2013-14 Library Operating Budget re "Stock the Shelves" donations November 12, 2013 -42- c. $56,250 from the U.S. Department of Homeland Security and $18, 750 City match from the 2011 Aid to Localities re Fire Department's Marine Team d. $ 20,661 Federal Emergency Management Administration (FEMA) re Urban Search and Rescue Team — Colorado flooding e. $ 20,645 to the FY 2013-14 Sheriffs Office Budget re Store Keeper I full-time position ITEM #1b WILL BE DEFERRED TO NOVEMBER 26, 2013 November 12, 2013 -43 - AGENDA REVIEW SESSION ITEM #63255 (Continued) BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: J. PLANNING 1. Applications for Non -Conforming Uses: a. CYNTHIA RICKMAN re redevelopment to demolish and construct new townhouse units at 404 34`x' Street DISTRICT 6 — BEACH b. ASSOCIATION FOR RESEARCH and ENLIGHTENMENT, INC (A.R.E.) re alteration to replace and install a new sign at 215 67`'' Street DISTRICT 5 — LYNNHAVEN 2. Application of CHECKERED FLAG to MODIFY a Conditional Use Permit re vehicle sales at 3700 Sentara Way (approved February 24, 1997) DISTRICT 3 — ROSE HALL 3. Application of LYNNHAVEN SHOPPING CENTER, LLC for a Conditional Use Permit re an indoor fitness and wellness facility at 2866 Virginia Beach Blvd DISTRICT 5 — LYNNHAVEN 4. Application of JANICE M. COFFMANfor a Conditional Use Permit re a child Daycare at 585 Lavender Lane DISTRICT 4 — BAYSIDE 5. Application of RESCUE AUTOMOTIVE for a Conditional Use Permit re a repair garage at 294 North Witchduck Road DISTRICT 4 - BAYSIDE 6. APPLICATION of VIRGINIA BEACH CITY PUBLIC SCHOOLS for a Change of Zoning from B-2 Community Business to A-36 Apartment re a school at 1008 Ferry Plantation Road DISTRICT 4 — BAYSIDE 7. Application of the CITY OF VIRGINIA BEACH to EXTEND the date for compliance re a Street Closure at Lake Avenue and Oak Street and portions of Locust Crescent and Ellis Avenue DISTRICT 4 - BAYSIDE ITEM #6 WILL BE DEFERRED TO DECEMBER 3, 2013 November 12, 2013 -44- ITEM#63256 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: 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: Centerville District Beach District Beach District November 12, 2013 -45- ITEM#63256(Continued) Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council voted to proceed into CLOSED SESSION at 5:39 P.M. Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: Amelia N. Ross -Hammond and Rosemary Wilson [stepped out] (Closed Session 5: 39 P.M. - 5:50 P.M.) November 12, 2013 -46 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL NOVEMBER 12, 2013 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, November 12, 2013, at 6:00 P.M. Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Absent: None INVOCATION: Reverend Walter A. Whitehurst Pastor Retired PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is his practice to thoroughly review each City Council agenda to 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 March 24, 2009, is hereby made a part of the record. November 12, 2013 -47 - 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 she is a Real Estate Agent affiliated with Prudential Towne Realty ("Prudential"). Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of August 13, 2013, is hereby made a part of the record. November 12, 2013 Item -VII-E CERTIFICATION -48- ITEM #63257 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE 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, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None November 12, 2013 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 #63256 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 November 12, 2013 Item -VII-F.1 MINUTES -49- ITEM #63258 Upon motion by Councilman Moss, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of October 22, 2013. Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None November 12, 2013 -50 - ADOPT AGENDA FOR FORMAL SESSION ITEM #63259 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION November 12, 2013 -51 - Item —VII -H ORDINANCES/RESOLUTIONS ITEM #63260 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE MOTION, BY CONSENT Items la, 1b(DEFERRED TO 11/26/2013), 2a(1/2),b(1/2/3), 3, 4, 5, 6, 7a/b and 8a/b/c/d/e of the CONSENT AGENDA, composed of Ordinances, Resolutions and the Planning Applications. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None November 12, 2013 -52 - Item -VII-H.1 a ORDINANCES/RESOLUTIONS ITEM #63261 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AMEND the City Code: a. Section 2-469 re the Audit Committee Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, John D. Moss, Vice Mayor Louis R. Jones, , Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None November 12, 2013 1 AN ORDINANCE AMENDING CITY CODE SECTION 2-469 2 REGARDING THE AUDIT COMMITTEE 3 4 WHEREAS, public officials, government managers and citizens want and need to 5 know not only whether government funds are handled properly and in compliance with 6 laws and regulations, but also whether public programs are achieving the purposes for 7 which they were authorized and funded; and, whether they are doing so efficiently and 8 economically; and 9 10 WHEREAS, an independent auditing function can provide objective information 11 on the operations of government programs, assist managers in carrying out their 12 responsibilities, and help ensure full accountability to the public; and 13 14 WHEREAS, Government Auditing Standards provide a framework for improved 15 government decision-making, oversight and accountability; and 16 17 WHEREAS, the independence and public accountability of the audit function can 18 be assured by provision of an appointed city auditor; and 19 20 WHEREAS, City Code Article XXVIII, section 2-469 established an audit 21 committee by City Council appointment to ensure independence of the audit function; 22 and 23 24 WHEREAS, City Council on April 3, 2007, endorsed converting the City Auditor 25 to an appointee of the City Council; and 26 27 WHEREAS, under this concept the City Auditor reports directly to City Council 28 but works with an audit committee comprised of two councilmembers and three citizens, 29 one of whom is a certified public accountant and two of whom have financial expertise. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 ARTICLE XXVIII. OFFICE OF THE CITY AUDITOR 34 35 Sec. 2-469. Audit committee. 36 37 (a) To ensure independence of the audit function, an audit committee is 38 hereby established. The audit committee shall consist of five (5) members: two (2) non - 39 voting councilmembers and three (3) voting citizen members, who shall be appointed by 40 the council. At least one (1) of the citizen members shall be a licensed certified public 41 accountant, and the other two (2) citizen -members shall have a background in finance, 42 accounting, and/or auditing. Of those first appointed, one (1) member shall be appointed 43 for a term of one (1) year, one (1) for a term of two (2) years; one (1) for a term of three 44 (3) years; and thereafter all appointments shall be for a term of three (3) years. 45 46 (b) The audit committee shall consult with the city auditor regarding technical 47 issues and work to assure maximum coordination between work of the office of the city 48 auditor and external audit efforts. 49 50 (c) The audit committee shall meet as needed to perform its duties but shall 51 not meet less than three (3) times annually and shall be responsible for: 52 53 54 55 56 57 {4}(3) Monitoring follow-up on reported findings to assure corrective action is 58 taken; 59 {5)(4) Reporting to council on problems or problem areas at such times as 60 deemed appropriate; 61 {6)(5) Performing an evaluation of the city auditor annually and reporting the 62 results of the evaluation and effectiveness of the audit function to council; 63 (7)(6) Reviewing reports of the external auditors; and 64 {8}(7) Evaluating the findings and recommendations of the peer review of the 65 audit function as required by Government Auditing Standards. (1) Reviewing the city auditor's annual plan and budget before submission to council. Reviewing final audit reports before issuance upon issuance; (2) Adopted by the Council of the City of Virginia Beach, Virginia on the 12t ?lay of November , 2013. APPROVED AS TO CONTENT: City Auditor CA12814 R-2 November 1, 2013 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic -53 - Item -VII-H.lb ORDINANCES/RESOLUTIONS ITEM #63262 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO 11/26/2013, BY CONSENT, Ordinance to AMEND the City Code: b. Public Works Standards and Specifications re Cavalier Shores Historic Sidewalk Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, John D. Moss, Vice Mayor Louis R. Jones, , Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None November 12, 2013 -54 - Item -VII-H.2a(1/2), b(1/2/3) ORDINANCES/RESOLUTIONS ITEM #63263 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Light Rail Proposals: a. Resolution to DIRECT the City Manager to ACCEPT two (2) Conceptual Proposals 1. Parsons Construction Group, Inc. 2. American Maglev Technology, Inc. b. Ordinance to TRANSFER $470,000 re Consulting Services: 1. $200, 000 - Department of Public Works 2. $170,000 - Office of the City Attorney 3. $100,000 - Department of Finance Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None November 12, 2013 1 A RESOLUTION DIRECTING THE CITY 2 MANAGER TO ACCEPT TWO CONCEPTUAL 3 PROPOSALS FOR LIGHT RAIL 4 5 WHEREAS, in June, the City Council, by resolution, directed the City Manager to 6 accept an unsolicited proposal to extend The Tide Light Rail into Virginia Beach; and 7 8 WHEREAS, in accordance with the City's PPEA Guidelines and applicable law, 9 the acceptance of the unsolicited proposal required a solicitation of competing 10 proposals; and 11 12 WHEREAS, prior to the deadline for submission of competing proposals, October 13 21st, the City received two conceptual proposals to extend The Tide, one from American 14 Maglev Technology, Inc., and one from Parsons Construction Group, Inc.; 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA, THAT 18 19 The City Manager or designee is hereby directed to accept the two conceptual 20 proposals for the extension of The Tide Light Rail into Virginia Beach; and 21 22 The task force assembled to review the unsolicited proposal shall continue its 23 evaluation to include the two conceptual proposals and report its findings and 24 recommendations to City Council. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 12th day of November , 2013. APPROVED AS TO CONTENT: R-1 October 30, 2013 APPROVED AS TO LEGAL SUFFICIENCY: or. -. ice I 1 AN ORDINANCE TO TRANSFER FUNDS FOR LIGHT RAIL 2 CONSULTING SERVICES 3 4 WHEREAS, the City has received three proposals to extend The Tide Light Rail 5 System into Virginia Beach; and 6 7 WHEREAS, consultant services are needed to assist staff with the initial 8 technical, legal, and financial review of the proposals. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That $470,000 is hereby transferred from General Fund Reserve for 14 Contingencies to assist in the review of three Tight rail extension proposals submitted 15 under the Virginia PPEA in the amounts set forth below: 16 17 (1) $200,000 to the FY 2013-14 Operating Budget of the Department of Public 18 Works; 19 20 (2) $170,000 to the FY 2013-14 Operating Budget of the Office of the City 21 Attorney; and 22 23 (3) $100,000 to the FY 2013-14 Operating Budget of the Department of 24 Finance. Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of November 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Servic• s Cit CA12834 R-1 October 30, 2013 -55 - Item -VII-H.3 ORDINANCES/RESOLUTIONS ITEM #63264 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to SUPPORT the City's application for the FY 2014-15 Virginia Department of Transportation (VDOT) Revenue Sharing Program: $7 -Million - First Colonial Road/Virginia Beach Boulevard $3 -Million - Rosemont Road Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None November 12, 2013 1 A RESOLUTION TO SUPPORT THE CITY'S APPLICATION 2 FOR THE FY 2014-15 VIRGINIA DEPARTMENT OF 3 TRANSPORTATION REVENUE SHARING PROGRAM 4 5 WHEREAS, the City of Virginia Beach is eligible to submit applications for up to 6 $10,000,000 through the Virginia Department of Transportation (VDOT) Fiscal Year 7 2014-15 Revenue Sharing Program; and 8 9 WHEREAS, the City's highest priority improvements that meet the eligibility for 10 funding are part of Project # 2-072 — First Colonial Road/Virginia Beach Boulevard 11 Intersection Improvements and Project # 2-038 — Rosemont Road — Phase V. 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 1. That the City of Virginia Beach City Council hereby supports the application to 17 the Virginia Department of Transportation for its Revenue Sharing Program to request 18 $7,000,000 for First Colonial Road/Virginia Beach Boulevard Intersection Improvements 19 (Project # 2-072) and $3,000,000 for Rosemont Road — Phase V (Project # 2-038). 20 21 2. That the required matching funds will be provided from the allocation of local 22 funding existing within these projects. 23 24 3. That the City Manager is hereby authorized to execute on behalf of the City of 25 Virginia Beach any project agreement required by VDOT in furtherance of the Revenue 26 Sharing Program, including project development and construction. 12th Adopted by the Council of the City of Virginia Beach, Virginia on the day of November 2013. APPROVED AS TO CONTENT: Lty, Budget and Management Service CA12832 R-1 October 29, 2013 APPROVED AS TO LEGAL SUFFICIENCY: -56 - Item -VII-H.4 ORDINANCES/RESOLUTIONS ITEM #63265 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE and EXECUTE a Memorandum of Agreement to CONSTRUCT and DEDICATE Community Signs at Atlantic Avenue, 83rd and 421/2 Streets Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None November 12, 2013 1 A RESOLUTION AUTHORIZING THE EXECUTION 2 OF A MEMORANDUM OF AGREEMENT FOR THE 3 CONSTRUCTION, AND DEDICATION OF TWO 4 COMMUNITY SIGNS TO BE INSTALLED IN THE 5 MEDIAN OF ATLANTIC AVENUE AT 83RD STREET 6 AND 42'/2 STREET 7 8 WHEREAS, the North Virginia Beach Civic League (the "NVBCL") desires to 9 erect two neighborhood identification signs welcoming citizens and tourists to the North 10 End Community; and 11 12 WHEREAS, the City of Virginia Beach ("City") owns real property in the median 13 of Atlantic Avenue at 83rd Street and 42 1/2 Street that would be suitable locations for 14 such signs; and 15 16 WHEREAS, the NVBCL and the City wish to enter into a Memorandum of 17 Agreement ("MOA") to provide for the construction, and dedication of two neighborhood 18 Identification signs and appropriate landscaping, a copy of a rendering of the signs is 19 attached hereto as Exhibit A; and 20 21 WHEREAS, the signs will be placed in the median of Atlantic Avenue at 83`d and 22 42 1/2 Streets as coordinated with the Department of Public Works, a copy of a 23 topographical survey of the intersections and potential sign placement is attached 24 hereto as Exhibit B; and 25 26 WHEREAS, the MOA provides for the NVBCL to dedicate the signs to the City 27 after they have has been constructed; and 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA, THAT: 31 32 The City Manager is hereby authorized to execute a MOA between the City and 33 the NVBCL to provide for the construction, and dedication of the North Virginia Beach 34 neighborhood identification signs, a summary of material terms of the MOA is attached 35 hereto as Exhibit C and incorporated herein. 36 Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of November 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICI NCY: \S.0 Department of Public Works 1\\ CA12635/R-4/October 22, 2013 Office of the City Attorney EXHIBIT C SUMMARY OF MATERIAL TERMS MEMORANDUM OF AGREEMENT ("MOA") PARTIES NORTH VIRGINIA BEACH CIVIC LEAGUE (the "NVBCL") CITY OF VIRGINIA BEACH (the "City") PURPOSE Construction, and dedication of two community signs, welcoming citizens and tourists to North Virginia Beach in the median of Atlantic Avenue at 83rd and 42 1/2 Streets. ATTACHMENTS Exhibit A: rendering of the signs Exhibit B: proposed locations TERMS The NVBCL and its contractors and subcontractors are required to have insurance at all times during construction. The NVBCL will indemnify and hold harmless the City for any actions or omissions on the part of the NVBCL or any of its agents, contractors, subcontractors, and employees during such construction. The MOA provides for the dedication of the signs after completion. After dedication the City at its sole discretion shall be responsible for any maintenance and repair. The median locations will be available to the NVBCL for construction and installation activities of the signs. The NVBCL will allow access during construction and installation of the signs at any reasonable time to the City, its agents, or employees. The improvements to City property include the two signs and appropriate landscaping. The NVBCL will not do any act or permit any action to be taken that would result in a lien being placed upon the location of the signs. The MOA contains standard City contract provisions about, among other things, the independence of the contracting parties, the termination of the agreement, and the ability of either party to assign the agreement. -57 - Item -VII-H.5 ORDINANCES/RESOLUTIONS ITEM #63266 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE the revised Neighborhood Identification Sign Policy Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent. None November 12, 2013 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 A RESOLUTION TO ADOPT A CITY COUNCIL POLICY REGARDING THE NEIGHBORHOOD IDENTIFICATION SIGNS PROGRAM WHEREAS, there are unique areas of the City that have historical, cultural, architectural or artistic significance, such that the residents of and visitors to Virginia Beach should be aware of these areas and the impact and importance that they have to the City; and WHEREAS, there is a need for modest, attractive signs or markers to identify such areas; and WHEREAS, is it the sense of the City Council that such signs and markers should be allowed for the purpose of identifying areas of the City that have historical, cultural, architectural or artistic significance that should be recognized; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Council Policy entitled "Neighborhood Identification Signs Program," dated November 12, 2013, a true copy of which is hereto attached, is hereby approved and adopted, and shall effect immediately. Adopted by the City Council of the City of Virginia Beach, Virginia on the day of November , 2013. APPROVED AS TO LEGAL SUFFICIENQY: ( lAttili ik City Attorney's Office CA -12719 November 5, 2013 R-1 12th City Council Policy Title: Neighborhood Identification Signs Program Index Number: Date of Adoption: 11/12/2013 Date of Revision: Page 1 of 6 1.0 Purpose and Need There are unique areas of the City that have historical, cultural, architectural or artistic significance. Citizens and visitors in Virginia Beach should be aware of these areas and the impact and importance that they have to the City. As such, there is a need for signs or markers to identify these areas. This policy establishes criteria and requirements for these neighborhood identification signs, prevents undue proliferation of these signs, and provides consistency to their appearance, construction, and maintenance. This program for neighborhood identification signs may generally be referred to as he "Neighborhood Identification Signs Program" or, as hereinafter referred to as, the "Program." 2.0 Policy Statement The purpose of this policy is: a) To provide to community groups the requirements for the location, approval, installation and maintenance of neighborhood identification signs in accordance with the Program; b) To provide guidance to City staff for the evaluation of proposed neighborhood identification signs that seek to utilize the Program; and c) To inform the broader community of the public purpose advanced by the Program. Title: Neighborhood Identification Signs Program Index Number: Date of Adoption: Date of Revision: Page 2 of 6 3.0 Definitions 3.1 Neighborhood Identification Sign — a sign placed on public property for the purpose of designating an area of the City that has a historical, cultural, architectural or artistic significance that should be recognized. Subdivision signs are not considered neighborhood identification signs for the purpose of this Program. 3.2 Applicant — an applicant under the Program shall be a not-for-profit civic organization, historic society or similar groEup that has a significant connection to the area to be designated by the signage. 4.0 Required Approvals 4.1 Planning Department Responsibility. The Planning Director orhi's designee shall receive the application and `make anYinitial determination as to whether the application is complete and meets the definitions' contained in section 3.0 above. If the application meets the definitional requirements, the Planning Director shall then make the following determinations: a) Whether the aesthetics and initial placement of the proposed signs are in compliance with the Comprehensive Plan, any Strategic Growth Area Plans and other land,use`provisions; and b) Whether the°signs meet all` of:the, requirements of section 5.0 below. The 'application shall! then be forwarded to the Department of Parks and Recreation, Landscape Management for further review and approval. The Planning Department shall also brief the City Council after the preliminary approval of the application prior to final approval by the City Council. 4.2 Parks and Recreation Responsibility. The Director of Parks and Recreation or his designee shall review the application to determine whether such application meets the requirement of this Policy and other applicable City requirements relating to landscaping. The application shall then be forwarded to the Department of Public Works for further examination and approval. Title: Neighborhood Identification Signs Program Index Number: Date of Adoption: Date of Revision: Page 3 of 6 4.2 Public Works Responsibility. The Director of Public Works or his designee shall review the location and construction of the signs to determine if they are in compliance with Public Works Specifications and Standards and applicable State and Federal requirements. If the application is in compliance, then the application shall be returned to the Planning Department for a briefing to the City Council, final approval by City Council and processing. 5.0 Process 5.1 Application - Applicants shall submlan application to the City of Virginia Beach Planning Department. • The application shall include: P , o a description of the historical cultural, architectural or artistic significance r of the are`a,i I a description of the' p p area with such significance; and a description i of the applicant and its connection to the subject area; Nor o a description'iif the project, including a conceptual design of the signs and required landscaping;' a;description of the proposedlocation of the signs, and a statement of the reasons supporting therlroposedElocation of the signs; and Oil, a notarized statement�that the applicant will comply with all of the provisionsi of subsection:5.2 below. Requirements - Each application shall comply with the following requirements: all of the requirements set forth in subsection 5.2. ) The sigh x shall be of monument or ground -mounted single or double post consuction, no greater in area than twenty four (24) square feet per side, no' hgher than 6 feet from the surrounding grade and may only contain the name of the significant area, the year of its establishment, and other significant information in legible type -face; b) There shall be located around the the signs a total of at least thirty (30) square feet of landscaping, using plantings native to Virginia Beach. The landscaping plan shall be reviewed and approved or denied in accordance with section 4.0 above; c) The sign shall not be illuminated; d) The signs shall be constructed of appropriate materials as required by the Department of Public Works; Title: Neighborhood Identification Signs Program Index Number: Date of Adoption: Date of Revision: Page 4 of 6 e) The signs shall be located so as to not pose a hazard to traffic safety, as determined by the Department of Public Works f) The applicant shall at its sole expense design, construct and install the signs and the landscaping; g) The applicant shall obtain all necessary permits; ensure that its contractors secure commercial liability insurance in amounts and with coverage acceptable to the City and naming the City as an additional insured; h) The applicant shall dedicate the signs and the landscaping to the City upon the completion thereof; i) The City shall have at all timesthe right,to enter upon any area that is being used for the signs or the landscaping, and after construction the applicant shall have no, greater rights to the' signand landscaping than any other citizen; j) The applicant shall perform or allow no action that will cause a lien of any nature to be placed upon the property and will require its contractors to indemnify, the City for any and `all liabilities incurred by the applicant or its contractors; k) The applicant shall not assign its rights and obligations under this Policy; 1) The applicant shill assume the entireiresponsibility and liability for any aldamages to ��persons and,groperties ��psed by or resulting from or aris,�ng��out of any 'act or emission „on the part of the applicant, its lcontractors, agents or erployees in connection with the construction and installation of the signs and landscaping. The applicant shall indemnify and' hold the City and its' 'agents, volunteers, servants, employees and officials charmless from and against any and all claims, losses, or expenses, including reasonable attorney's fees and litigation expenses suffered by any indemnified party or entity as the result of claims or suits due to, arising out of or in connection with the construction and installation of the signs and its associated enhancements. Upon written demand by the City, the applicant shall assume and defend, at its sole expense, any and all such suits or defense of claims made against the witty, its agents, volunteers, servants, employees or officials. Evidence of thick indemnity shall be provided to the City prior to the commencement of any work on the signs; m) The City may move or remove such signage, at its expense, if necessary for any purpose, including reconstruction or widening of the highway location, or destruction of the sign. n) Nothing in this policy shall prevent the City from providing a neighborhood identification sign(s), at the City's discretion and expense, as part of a roadway improvement capital project. Title: Neighborhood Identification Signs Program Index Number: Date of Adoption: Date of Revision: Page 5 of 6 5.3 Briefing — After City staff has reviewed the application, a representative from the Planning Department shall provide a briefing to the City Council before the application is placed on the City Council's agenda for consideration. Planning shall provide City Council with all areas in which the proposed sign does not meet the requirements of the Program. City Council may waive or modify any requirements of the Program. Approved as to Content: to Content: Planning Department Department Director Public Works Department Department Director Date Date Parks'and Recreation'Department Date epartixent Director Financial ,Impact: to Legal Sufficiency: inance Director Reviewed by: City Attorney Date Date City Manager Date Title: Neighborhood Identification Signs Program Index Number: Date of Adoption: Date of Revision: Page 6 of 6 APPROVED BY CITY COUNCIL: Mayor Date -58 - Item -VII-H.6 ORDINANCES/RESOLUTIONS ITEM #63267 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 Amendment with E. V. Williams re City -Owned property at 1401 Southern Boulevard DISTRICT 6 — BEACH Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None November 12, 2013 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE 3 AMENDMENT WITH E.V. WILLIAMS, INC. FOR 4 CITY -OWNED PROPERTY LOCATED AT 1401 5 SOUTHERN BOULEVARD 6 7 WHEREAS, the City of Virginia Beach (the "City") owns property located at 1401 8 Southern Boulevard (GPIN: 2417-24-1080) (the "Premises"); 9 10 WHEREAS, the City and E.V. Williams, Inc. ("Williams") desire to enter into a 11 lease amendment for use of the Premises; 12 13 WHEREAS, Williams has agreed to pay the City an annual lease amount 14 adjusted for market rates, for the remainder of its current renewal term, and two (2) 15 additional renewal terms, at the City's option; and 16 17 WHEREAS, the Premises will be utilized for the operation of a construction 18 materials and debris recycling facility, and for no other purpose. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That the City Manager is hereby authorized to execute a lease amendment 24 between E.V. Williams, Inc. and the City of Virginia Beach, in accordance with the 25 Summary of Terms attached hereto as Exhibit A, and made a part hereof, and such 26 other terms, conditions and modifications deemed necessary and sufficient by the City 27 Manager and in a form deemed satisfactory by the City Attorney. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12thday of 30 November 2013. APPROVED AS TO CONTENT: Public Wo CA12753 APPROVED AS TO LEGAL SUFFICIENCY: / Faciliti Management City Attorney \\vbgov.com\dfsl \applications\citylawprod\cycom32\wpdocs\d024\p016\00093622.doc R-1 October 31, 2013 EXHIBIT A SUMMARY OF TERMS AMENDMENT OF LEASE FOR CITY -OWNED PROPERTY LOCATED AT 1401 SOUTHERN BOULEVARD LESSOR: City of Virginia Beach (the "City") LESSEE: E.V. Williams, Inc. PREMISES: 1401 Southern Boulevard Approximately 9.75 acres (GPIN: 2417-24-1080) TERM: 1 -Year Lease with Four 1 -Year Renewals; Began Oct. 1, 2011, currently in 2nd renewal term; Two renewal terms remain RENT: $5,000 per month ($60,000 per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for operation of a construction materials and debris recycling facility, and for no other purpose • Maintain and secure Premises with barriers and gates, install security cameras, and install a dust allayment system • Maintain commercial general liability insurance in a minimum amount of $1,000,000 RIGHTS AND RESPONSIBILITIES OF CITY: • Reserve the right to grant easements and rights-of-way across or upon the Premises for streets, alleys, public highways, drainage utilities, telephone and telegraph transmission lines, pipelines, irrigation canals and similar purposes • Renewal terms are at the City's option TERMINATION: • City may terminate the Lease for any reason by giving 180 days' advance written notice PROPERTY LEASED TO E.V. WILLIAMS, INC. PROPERTY LEASED TO E.V. WILLIAMS, INC. D 1420 -1499 300 - 1419 -59 - Item -VII-H.7a ORDINANCES/RESOLUTIONS ITEM #63268 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE temporary encroachments into portions of City property: a. Lake Wesley: ROBERTA MAE MADDOX re wood dock, ramp, fence, bulkhead, riprap, gangway and boat lift at 540 Southside Road DISTRICT 6 — BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinances to AUTHORIZE temporary encroachments into portions of City property: a. Lake Wesley: ROBERTA MAE MADDOX re wood dock, ramp, fence, bulkhead, riprap, gangway and boat lift at 540 Southside Road (GPIN 2426197563) DISTRICT 6 — BEACH The following conditions shall be required: 1. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia, the City of Virginia Beach and 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 Encroachments 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. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminate upon notice by the City to the Grantee, and within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and, the Grantee will bear all costs and expenses of such removal. 4. 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 Encroachments. 5. 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. 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. November 12, 2013 -60 - Item -VII-K 7a ORDINANCES/RESOLUTIONS ITEM #63268(Continued) 7. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 8. It is further expressly understood and agreed that the Grantee shall establish and maintain a Riparian Buffer, which shall be 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 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 plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning/Environment and Sustainability Office 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. 9. It is further expressly understood and agreed that the Grantee shall establish and maintain six (6) Live Oak - canopy trees, twenty (20) Inkberry - shrubs to be planted among the trees and throughout the Buffer area that will architecturally blend with the species of trees planted and miscellaneous ground cover, twenty (20) Creeping Juniper (the "Buffer') of a size and species of the Grantee 's choice, as long as the trees are native trees, to be planted fifteen (15) feet landward of the bulkhead near the West property line. 10. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. 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 Encroachments. 11. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. November 12, 2013 -61 - Item -VII-H.7a ORDINANCES/RESOLUTIONS ITEM #63268(Continued) 12. 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 Encroachnients sealed by a Registered Professional Engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. 13. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments 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 Encroachments; 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 the Temporary Encroachments are 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. This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth day of November, Two Thousand Thirteen Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None November 12, 2013 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY PROPERTY 6 KNOWN AS LAKE WESLEY, LOCATED 7 AT THE REAR OF 540 SOUTHSIDE 8 ROAD, FOR PROPERTY OWNER 9 ROBERTA MAE MADDOX 10 11 WHEREAS, Roberta Mae Maddox desires to remove an existing floating wood 12 dock and wood ramp, to maintain an existing four (4) foot wood fence, wood bulkhead, 13 rip rap, wood table, and to construct and maintain a proposed floating dock, 4' X 8' 14 aluminum gangway, a 13k boat lift and a landscape buffer, upon a portion of City 15 property known as Lake Wesley, located at the rear of 540 Southside Road, in the City 16 of Virginia Beach, Virginia; and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 20 City'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, Roberta Mae Maddox, her 26 heirs, assigns and successors in title are authorized to remove an existing floating wood 27 dock and wood ramp, to maintain an existing four (4) foot wood fence, wood bulkhead, 28 rip rap, wood table, and to construct and maintain a proposed floating dock, 4' X 8' 29 aluminum gangway and 13k boat lift in a portion of existing City property known as Lake 30 Wesley, as shown on the map marked Exhibit "A" and entitled: "EXHIBIT A 31 ENCROACHMENT PLAT SHOWING FLOATING DOCK, GANGWAY, BOAT LIFT, 32 FENCE, BULKHEAD, RIP RAP, LANDSCAPING, TABLE AND WALKWAY LOCATED 33 IN: LAKE WESLEY PROPERTY OF CITY OF VIRGINIA BEACH GPIN: 2427-20-6108 34 (D.B. 2020, P. 282) FOR PARCEL B -1A SCALE: 1" = 40' APRIL 26, 2013 REVISED 35 AUGUST 1, 2013," a copy of which is on file in the Department of Public Works and to 36 which reference is made for a more particular description; and 37 38 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 39 subject to those terms, conditions and criteria contained in the Agreement between the 40 City of Virginia Beach and Roberta Mae Maddox (the "Agreement"), which is attached 41 hereto and incorporated by reference; and 42 43 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 44 hereby authorized to execute the Agreement; and 45 47 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 48 time as Roberta Mae Maddox and the City Manager or his authorized designee execute 49 the Agreement. 50 12th 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 52 of November , 2013. CA -12578 R-1 PREPARED: 10/24/13 APPROVED AS TO CONTENTS C,G sak._ PUBLIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM RMEYER, E 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 23rd day of October, 2013, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ROBERTA MAE MADDOX, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Parcel B-1 A", as shown on that certain plat entitled: "AMENDED RESUBDIVISION OF PROPERTY SOUTHERN ONE - HALF OF LOT B2 DIVISION OF LOT B2 — RUDEE HEIGHTS M. B. 39 P. 18 AND SITE B RESUBDIVISION OF LOT 7, BLOCK "H" AND LOT B-1 REPLAT OF RUDEE HEIGHTS M. B. 197 P. 53, LYNNHAVEN BOROUGH VA. BEACH, VIRGINIA SCALE: 1" = 30' FEBRUARY 7, 1990," prepared by TERRY W. BRANCH, LAND SURVEYOR for Gallup Surveyors & Engineers, Ltd. VIRGINIA BEACH, VIRGINIA, and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 201, at page 42, and being further designated, known, and described as 540 Southside Road, Virginia Beach, Virginia 23451; GPIN'S: 2427-20-6108-0000; (CITY PROPERTY — KNOWN AS LAKE WESLEY) 2426-19-7563-0000; (540 Southside Road) WHEREAS, it is proposed by the Grantee to remove an existing floating wood dock and wood ramp, to maintain an existing four (4) foot wood fence, wood bulkhead, rip rap, wood table, and to construct and maintain a proposed floating dock, 4' X 8' aluminum gangway and 13k boat lift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of City property known as Lake Wesley, located at the rear of 540 Southside Road, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments 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 Encroachments. It is expressly understood and agreed that the Temporary Encroachments 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: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING FLOATING DOCK, GANGWAY, BOAT LIFT, FENCE, BULKHEAD, RIP RAP, LANDSCAPING, TABLE AND WALKWAY LOCATED IN: LAKE WESLEY PROPERTY OF CITY OF VIRGINIA BEACH GPIN: 2427-20-6108 (D.B. 2020, P. 282) FOR PARCEL B -1A SCALE 1" = 40' APRIL 26, 2013 REVISED 2 AUGUST 1, 2013," prepared by DAVID R. BUTLER, PROFESSIONAL ENGINEER, 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 Encroachments 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 Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments 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 Encroachments. 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 Encroachments so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of 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 15 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 plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning/Environment and Sustainability Office 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 (6) Live Oak - canopy trees, (20) Inkberry - shrubs to be planted among the trees and throughout the Buffer area that will architecturally blend with the species of trees planted and miscellaneous ground cover, (20) Creeping Juniper (the "Buffer") of a size and species of the Grantee's choice, as long as the trees are native trees, to be planted fifteen (15) feet landward of the bulkhead near the West property line. 4 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not Tess than $500,000.00, per person injured and property damage per incident, combined with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. 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 Encroachments. It is further expressly understood and agreed that the Temporary Encroachments 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 Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments 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 Encroachments; and pending such removal, the City 5 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 Encroachments are 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, Roberta Mae Maddox, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2013, 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. (SEAL) 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: The foregoing instrument was acknowledged before me this day of , 2013, 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: 7 By iec Roberta Mae Maddox, •wner STATE OF v(rgint�- CITY/COUNTY GP \t{trginte.- be , to -wit: The foregoing instrument was acknowledged before me this ab" p day of a�6e� , 2013, by Roberta Mae Maddox. Notary Registration Number: aN ID 5/51/15* My Commission Expires: APPROVED AS TO CONTENTS r`c %.` rrrrrrr��o NU..c�°&�'„, < EAL'i :0 :o OF OF Notary Public ttrrrrr0r APPROVED AS TO LEGAL SUFFICIENCY AND FORM I .. C. NATURE DA M YER, S • IATE CITY ATTORNEY DEPARTMENT 8 WESTERN EDGE OF CITY MAINTAINED CHANNEL LAKE WESLEY (D.B. 2020, P. 282) EX. FLOATING WOOD DOCK PROPOSED FLOATING DOCK 32 1,_____ PROPOSED 4' x 8' ALUM. GANGWAY RIP RAP y,,. �1�� i �;;.. BULKHEAD EX yy��. • ; • •. • • •S EX. WOOD Y .•SP. �f• ��•�'t�1 �� S at •• �L• tel• •. •. ,40 A • ry iIfi •mo i •s 01"...Ait.^• . �'- :' ,_` T+[ + � I+ PROPOSED+7�+7�+7Oc+ SHRUBS 1.13, S 38'17'20" W 33.09' PROPOSED TREES 4' - 4' METAL FENCE OF OTHERS 15' RIPARIAN BUFFER S 24'21'00" W 87.63' PROPOSED 13k BOAT LIFT EX. WOOD TABLE 4' WOOD FENCE 1 - iv co, o's NOTE: EXISITNG FLOATING DOCK AND RAMP ARE TO BE REMOVED SITE "A" M.B. 61 P. 22 PARCEL B -2A M.B. 201 P. 42 0.21' EXHIBIT A R=17000, SOUTHSIDE ROAD (50' R/W) `J>s eOoT9.R•TO e< e4/ q< ENCROACHMENT PLAT SHOWING FLOATING DOCK, GANGWAY, BOAT LIFT, FENCE BULKHEAD, RIP RAP, LANDSCAPING, TABLE AND WALKWAY LOCATED IN: LAKE WESLEY PROPERTY OF CITY OF VIRGINIA BEACH GPIN: 2427-20-6108 (D.B. 2020, P. 282) FOR PARCEL B -1A AMENDED RESUBDIVISION OF PROPERTY SOUTHERN 1/2 OF LOT 82, DIVISION OF LOT B2 - RUDEE HEIGHTS (M.B. 39 P. 18) AND SITE B, RESUBDIVISION OF LOT 7, BLOCK H AND LOT B-1, REPLAT OF RUDEE HEIGHTS SCALE: 1"=40' APRIL 26, 2013 REVISED AUGUST 1, 2013 RIPARIAN BUFFER PLANT LIST COMMON NAME BOTANICAL NAME SPACING SIZE SYMBOL TOTAL INKBERRY ILEX GLABRA 'SHAMROCK' STAGGERED 10' 16" t.•_S 20 CREEPING JUNIPER JUNIPERUS HORIZONTALIS STAGGERED 10' 1 GALLON 1. © 20 LIVE OAK QUERCUS VIRGINIANA 20' 1.5" CAL. :� 6 F.B. 66 P. 483 G: \13-54JPA.DWG G:\13-54jpa.dwg, 8/1/2013 9:07:17 AM, 1:40, DB 1540 SOUTHSIDE ROAD SOUTHSIDE FtD Legend 2426-19-7563 City Properties ( rep tnreA by P W I+no 'feq Suopod Services Boredu 07,102015 CROATAN L 7 X 'CADD,Proterts, RC fdesW LOCATION MAP ENCROACHMENT REQUEST FOR ROBERTA MAE MADDOX 540 SOUTHSIDE ROAD GPIN 2426-19-7563 Feet 0 50 100 200 DA MAPS'Southstde Rd12478-19-756112428-19J563 me -62 - Item -VII-H.7b ORDINANCES/RESOLUTIONS ITEM #63269 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE temporary encroachments into portions of City property: b. Treasure Cove: The CASTLEMAN FAMILY REVOCABLE LIVING TRUST re bulkhead, riprap, pier and return wall at 2409 Spindrift Road DISTRICT 5 — LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinances to AUTHORIZE temporary encroachments into portions of City property: b. Treasure Cove: The CASTLEMAN FAMILY REVOCABLE LIVING TRUST re bulkhead, riprap, pier and return wall at 2409 Spindrift Road (GPIN 1499992436) DISTRICT 5 — LYNNHAVEN The following conditions shall be required: 1. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia, the City of Virginia Beach and 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 Encroachments 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. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminate upon notice by the City to the Grantee, and within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and, that the Grantee will bear all costs and expenses of such removal. 4. 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 Encroachments. 5. 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. November 12, 2013 -63 - Iters: -VII-K 7b ORDINANCES/RESOLUTIONS ITEM #63269(Continued) 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. 7. 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'). 8. It is further expressly understood and agreed that the Grantee shall establish and maintain a Riparian Buffer, which shall be 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 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. 9. It is further expressly understood and agreed that the Grantee shall establish and maintain five (5) Canopy, Caliper or large Evergreen Trees, ten (10) understory trees, Caliper or Evergreen Trees and fifteen (15) small shrubs or woody ground cover (the `Buffer') of a size and species of the Grantee's choice, as long as the trees are native trees. 10. 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 Encroachments. 11. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. 12. 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 Encroachments sealed by a Registered Professional Engineer, if required by the City Engineer's Office of the Department of Public Works. November 12, 2013 -64 - Item -VII-H.71) ORDINANCES/RESOLUTIONS ITEM #63269(Continued) 13. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and, if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day 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. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth day of November, Two Thousand Thirteen Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None November 12, 2013 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY, A VARIABLE WIDTH 7 CANAL KNOWN AS TREASURE COVE 8 LOCATED AT THE REAR OF 2409 9 SPINDRIFT ROAD, FOR THE 10 CASTLEMAN FAMILY REVOCABLE 11 LIVING TRUST 12 13 WHEREAS, Gail C. Hilder, Trustee of The Castleman Family Revocable Living 14 Trust has requested on behalf of the trust to maintain an existing partial timber bulkhead 15 and to construct and maintain proposed riprap, a pier, and return wall, collectively, upon 16 a portion of City property known as Treasure Cove located at the rear of 2409 Spindrift 17 Road, in the City of Virginia Beach; and 18 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- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Gail C. Hilder, Trustee of 27 The Castleman Family Revocable Living Trust, its assigns and successors in title are 28 authorized to maintain an existing partial timber bulkhead and to construct and maintain 29 proposed riprap, a pier, and return wall, upon a portion of City property as shown on the 30 map marked Exhibit "A" and entitled: "EXHIBIT A ENCROACHMENT OF PROPOSED 31 RIPRAP, PIER, & RETURN WALL IN TREASURE COVE AT LOT 252 BAY ISLAND 32 SECTION 2 SCALE: 1" = 30' DATE: JUNE 3, 2010 REVISION 3: DECEMBER 6, 2011 33 SHEET 1 OF 1," a copy of which is on file in the Department of Public Works and to 34 which reference is made for a more particular description; and 35 36 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 37 subject to those terms, conditions and criteria contained in the Agreement between the 38 City of Virginia Beach and Gail C. Hilder, Trustee (the "Agreement"), which is attached 39 hereto and incorporated by reference; and 40 41 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 42 hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 45 time as Gail C. Hilder, Trustee and the City Manager or his authorized designee 46 execute the Agreement. 47 12th 48 °'i^^+pri by the Council of the City of Virginia Beach, Virginia, on the day 49 Of November , 2013. CA -11666 R-1 PREPARED: 10/24/13 APPROVED AS TO CONTENTS PUBLIC " 0 KS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM ' 1 __. DANA ER, ASS " ATCITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 22nd day of October, 2013, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and THE CASTLEMAN FAMILY REVOCABLE LIVING TRUST, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 252", as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT Scale 1" = 100' October, 1958, prepared by FRANK D. TARRALL, JR. & ASSOCIATES SURVEYORS & ENGINEERS NORFOLK, VA. - VIRGINIA BEACH, VA. — PRINCESS ANNE COURTHOUSE, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15, and being further designated, known, and described as 2409 Spindrift Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing partial timber bulkhead and to construct and maintain proposed riprap, a pier and return wall, 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) 1499-99-2436-0000; (2409 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, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT OF PROPOSED RIPRAP, PIER, & RETURN WALL IN TREASURE COVE AT LOT 252 BAY ISLAND SECTION 2 SCALE: 1" = 30' DATE: JUNE 3, 2010 REVISION 3: DECEMBER 6, 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 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 establish and maintain a riparian buffer, which shall be a minimum of 15 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 3 (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 (5) Canopy, Caliper or large Evergreen Trees, (10) understory trees, Caliper or Evergreen Trees and (15) small shrubs or woody ground cover (the "Buffer") of a size and species of the Grantee's choice, as long as the trees are native trees. 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 Toss 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. 4 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 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, Gail C. Hilder, Trustee of The Castleman Family Revocable Living Trust, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2013, 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. (SEAL) 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: The foregoing instrument was acknowledged before me this day of , 2013, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Registration Number: My Commission Expires: 7 (SEAL) Notary Public GAIL C. HILDER By� C r AIL C. HILDER, TRUSTEE OF f THE CASTLEMAN FAMILY REVOCABLE LIVING TRUST STATE OF VI631�t CITY/COUNTY OF VI (St IAI i3 (kko-wit: The foregoing instrum t wa acknowledged before me this O o day of 0 �� ao13t�, -2612, by Gail C. Hilder, Trustee of The Castleman Family Revocable Living Trust. CO(0( (SEAL) Notary Public Notary Registration Number: 15 3 ' MyCommission Expires: 131 � APPROVED AS TO CONTENTS DEPARTMENT 8 REBECCA NADERMANN NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES MARCH 31, 2016 COMMISSION N 7633341 APPROVED AS TO LEGAL SUFFICIENCY AND FORM ASSOCIATE ER, CITY ATTORNEY CENTER OF CANAL & COVE PROJECTED PL 50.0' 3.4' EXISTING BULKHEAD OF OTHERS PIN (5) PROPERTY LINE 0 RIP RAP TIE DOWN 0 A B 86.9' 128.5' A -B 118.3' 140.6' 94.6' LOT 251 SEC 2 JEFFRY & DEBRA BERGER GPIN# 14999934580000 MB48 P15 0001120060516000742940 PROPOSED RIPRAP & PIER EXISTING TIMBER BULKHEAD TO BE PARTIALLY REMOVED A PIN (5)--\\ 8.8' 67.5' TREASURE COVE CITY OF VB PROPERTY 16 9.6' 41.6' 75.0' 8.8' PROJECTED PL 0.9' 0' 125.14' S76'27'45"W PROPOSED RETURN WALL ADJACENT TO PROPERTY LINE 125' 15' 11111111111111k- #2409 EXHIBIT A ENCROACHMENT OF PROPOSED RIPRAP, PIER, & RETURN WALL IN TREASURE COVE AT LOT 252 BAY ISLAND SECTION 2 GPIN# 14999924360000 0 0 125.00' 579'12'38"E SPINDRIFT ROAD PIN (F) 727' BROAD BAY ROAD 20' 40' SCALE: 1" = 30' PIN (F) EXISTING BULKHEAD & RETURN WALL OF OTHERS BUFFER RESTORATION BUFFER REQUIREMENTS 1875 SF OF BUFFER RESTORATION RESULTS PER THE VDCR GUIDANCE MANUAL APPENDIX D, TABLE A: (5) CANOPY TREES 01.5"-2" CALIPER OR LG EVERGREEN 06' (10) UNDERSIORY 1REES 03/4"-1.5" CALIPER OR EVERGREEN 04' (15) SMALL SHRUBS OR WOODY GROUND COVER 015"-18" LOT 253 SEC 2 WILLIAM D STEVENSON SR GPIN# 14999914030000 MB48 515 DOC# 20070426000561470 PROPERTY LINE 40,1,TH OF KLIA 8 DAVID KLEDZIK ,Lic. No. 034674 10/29/2013 S'7ONAL #Cs PROPOSED PROJECT FOR ENCROACHMENT APPLICATION BY GAIL CASTLEMAN HILDER 2409 SPINDRIFT ROAD VIRGINIA BEACH, VA 23451 MARINE ENGINEERING & TECHNOLOGY LLC 1297 BRADDOCK AVE VIRGINIA BEACH, VA 23455 PH: (757) 477-4787 SHEET 1 OF 1 DATE: JUNE 3, 2010 REVISION 4: OCTOBER 29, 2013 I eoVJeS ioddnS E:3 a'3Nld'3NO1 O_ 0 0 -65 - Item -VII-H.8a/b/c/d/e ORDINANCES/RESOLUTIONS ITEM #63270 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT and APPROPRIATE: a. $258,800 DEA Shared Asset Special Revenue Fund re Police Equipment and Contractual Services b. $ 61,874 to the FY 2013-14 Library Operating Budget re "Stock the Shelves" donations c. $56,250 from the U.S. Department of Homeland Security and $18, 750 City match from the 2011 Aid to Localities re Fire Department's Marine Team d. $ 20,661 Federal Emergency Management Administration (FEMA) re Urban Search and Rescue Team — Colorado flooding e. $ 20,645 to the FY 2013-14 Sheriff's Office Budget re Store Keeper I full-time position Voting.• 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None November 12, 2013 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF 2 THE DEA SHARED ASSET SPECIAL REVENUE FUND FOR 3 POLICE EQUIPMENT AND CONTRACTUAL SERVICES 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That $258,800 is hereby appropriated from the fund balance of the DEA Shared 8 Asset Special Revenue Fund, with estimated revenue increased accordingly, to the FY 9 2013-14 Operating Budget of the Police Department to purchase various equipment and 10 contractual services, including remote access to the Police online training system, licenses 11 for law enforcement web applications, replacement investigative equipment, forensics 12 equipment, and replacement handcuffs. Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of November 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Servic CA12819 R-2 November 6, 2013 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $61,874 IN DONATIONS TO THE FY 2013-14 LIBRARY 3 DEPARTMENT OPERATING BUDGET 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $61,874 in donations are hereby accepted and appropriated, with estimated 9 revenues increased accordingly, to the FY 2013-14 Library Department Operating 10 Budget to increase bandwidth and purchase books and subscriptions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of Novembei2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: 29 o Budget and Management Service CA12827 R-1 October 24, 2013 APPROVED AS TO LEGAL SUFFICIENCY: DBPARTMENTOF PUBLIC LIBRARIES CLARA-HuzsON • SUPPORT SERVICES MANAGER (757)385-0171 October 9, 2013 TO: Matt Arvay, Chief information Officer, City of Virginia Beach Eva Poole, Director of Libraries, Virginia Beach Public Library FROM: Clara Hudson, Library Support Services Manager and Nick May, Technology Services Manager . 4184 VIRGNIA BEACH BOULEVARD - VIRCINIABEACH, VA23A521787 SUBJECT: Business Case for Expedient Connection to the City's Fiber Network by Virginia Beach Public Library System Virginia Beach Public Library (VBPL), in keeping pace with trends for providing information and resources in a variety of formats, including digital content, has a dire need to upgrade its available bandwidth from cable to fiber. Currently, only two libraries, the TCC/City Joint Use Library and the Oceanfront Library are on a City fiber network allowing residents timely, comprehensive access to a reliable digital environment within the library_ In that providing digital content is a growing element in the use of library resources by our. residents, it is critical that we begin connecting the remaining libraries to the existing City traffic fiber network. Having the resources, with limited bandwidth to access the content, restricts the Library's ability to provide quality customer service. Most Virginia Beach Public Libraries are -co -located buildings on satellite campuses throughout the City, sharing proximity and resources with a mix of Fire, Police, EMS, Parks and Recreation, and -City Schools. The Library's need does not exist in isolation; sharing costs and accelerating the timeline for access is a mutually and cross departmentally benefit. - Com1T provided information on the increased cost for the Central Library to increase its bandwidth to 30MB. The Cox pricing to increase the bandwidth speed from 3 to 30 MB for installation (if bundled with the Central Library)- is $12,250.00, with an increase in monthly costs of $731.00 (or an increase of $8,700.00 a year; for a total of over $20,000 for the first year). The increase in bandwidth from 3 to 30 MB is a limited and inadequate short and long term solutions. The discussion for meeting the demand for increased bandwidth has been an annual occurrence. Increased bandwidth has been annually included in the Library's Technology Plan and FY budget for the past 10 years. Libraries are public provision leaders and one of the. biggest.users of bandwidth in the City. Our services require the use of network intense applications and searches. We anticipate that use of internet applications and demand by residents and staff will result in additional demand for bandwidth. Satellite City campuses and facilities struggled to boost bandwidth to 5, 10, and 15 Mgs, while the Municipal Center campus operating at 100 Mgs, does not experience the same issues. More and more applications (inSite, SharePoint, etc.), in addition to the department specific applications for provision of services to the public and completion of work by staff, are being pushed to remote sites that do not have the bandwidth to support those applications. Examples of how work is impeded by insufficient bandwidth in VBPL: Logons can take several minutes to complete. This is a particular problem for customers in high volume work areas like check out, with staff using Workflows, the integrated library system desktop application. The Workflows application is so slow at times, particularly in the afternoon, that continuity is lost, and the transaction must be restarted, resulting in long wait times by customers. On the public side, Iogons can take two (2) or three (3) minutes. Access even to VBGOV.COM is so slow that staff will resort to print information to give to the customer, only because it is faster. The network and Wi-Fi access point equipment is working as expected, but it was recently discovered that consistent internet bandwidth utilization is between 85 and 95%, with spikes at 100%, when optimal performance utilization should not exceed 40 or 50%. Current available cost for each Virginia Beach Public Library as provided by ComIT: The Central Library (CL), as the largest and busiest library, in the system, is critical in providing service to residents and as a functional City department. The Central Library houses essential support services to Library and City operations in terms of technology and resources. • Total Library cost (for CL) in need of funding: $32,900, no partner department for shared costs Central Library WAN upgrade Cox VPN(s) to fiber connection to Public Works Dam Neck: Fiber cost hardware cost Total $19,020.00 $13,890.00 $32,910.00 Departmental Share Library $32,910.00 $32,910.00 Princess Anne (PA) and Bayside Area Special Services (BASS) libraries costs are covered by the Library Technology Services budget and the "go ahead" has been given to ComIT. The Princess Anne Library at •Nimmo Parkway is in particular and dire need of additional bandwidth. on a daily basis the lack of network speed and available bandwidth incapacitates work by both staff and public library users on each respective network. It can take several . . minutes to open the desktop and basic applications on both the public and staff networks. • PA total cost = $41,020, Library share = $15,510 (shared with. Fire and P.arks & Recs) Princess Anne Fire-Library.--Rec Center WAN upgrade: Cox 3Mb to fiber connection to Public Works Dam Neck Fiber cost hardware cost Total $27,130.00 $13,890.00 $41,020.00 Departmental Share $10,000.00 $15,510.00 $15,510.00 Fire Parks & Rec Library $41,020.00 The Bayside and Special Services Library (BASS) provides services to visually and -physically disabled persons of all ages. Those seeking the opportunity for an enhanced lifelong learning experience use BASS which provides free Braille and Audio Download service for active Talking Book Patrons with the National Library Service for the Blind and Physically Handicapped. The BASS web site offers over 21,000 books and over 40 magazine titles are available,. Using the current available network bandwidth, it can take up to one hour to download a single book. • BASS total cost = $28,970, Library share = $14,485 (shared with Police) Bayside Library & Police 3rd Cox 3Mb & VPN to fiber connection to Fiber cost hardware cost $ 13,580.00 $ 15;390.00 Police Library Public Works Darn Neck: Total $ 28,970.00 Departmental Share $ 14,485.00 $ 14,485.00 $ 28,970.00 Windsor Woods (WW), Great Neck (GN) and Kempsville Libraries: • Total Library cost of WW and GN (with a 50/50 split with Fire) in need of funding: $67,805 • Total Library cost of WW and GN (without a 50/50 split with Fire) in need of funding: $135,610 o WW total cost=$48,590, Library share = $48,590 (we would like to share cost with Fire) o Gid total cost = $87,020,. Library share = $87,020 (we would like to share cost with Fire) • Kempsville total cost = not available yet, but Library cost estimated at $15,500 (we would share with Police) Summation: • PA total cost $41,020 (Library share = $15,510 from TS budget) • BASS total cost $28,970 (Library share = $14,485 from TS budget) • CL cost= $ 32,900 (Stock the Shelves) • GN cost = $ 87,020 (not funded) • WW cost = $48,590 (not funded) 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FROM THE U. S. DEPARTMENT OF 3 HOMELAND SECURITY FOR THE VIRGINIA BEACH 4 FIRE DEPARTMENT'S MARINE TEAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That $56,250 is hereby accepted from the U. S. Department of Homeland 10 Security and appropriated, with estimated federal revenue increased accordingly, to the 11 FY 2013-14 Operating Budget of the Fire Department to purchase equipment and 12 personal protective equipment for the Fire Department's Marine Team; and 13 14 2. That $18,750 in available 2011 Aid to Localities funding is hereby transferred to 15 the FY 2013-14 Operating Budget of the Fire Department to provide the required local 16 match. 12th Adopted by the Council of the City of Virginia Beach, Virginia, on the day of November , 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services CA12815 R-1 October 16, 2013 1 AN ORDINANCE TO APPROPRIATE FUNDS 2 FROM FEMA FOR THE VIRGINIA TASK 3 FORCE TWO URBAN SEARCH AND 4 RESCUE TEAM RELATED TO COLORADO 5 FLOODING 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $20,661 from the Federal Emergency Management Administration is hereby 11 appropriated, with estimated federal revenue increased accordingly, to the FY2013-14 12 Operating Budget of the Fire Department for the Virginia Task Force Two Urban 13 Search and Rescue Team response to the flooding in Colorado. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of November , 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services CA12790 R-2 October 30, 2013 City., orne' ice 1 AN ORDINANCE TO APPROPRIATE ESTIMATED LOCAL 2 REVENUE TO THE SHERIFF OFFICE AND TO 3 AUTHORIZE A FULL-TIME STOREKEEPER I POSITION 4 5 WHEREAS, the Sheriff's Office is experiencing turnover of staff in its in-house 6 Caremart and Fresh Favorites programs; and 7 8 WHEREAS, a full-time position would help stabilize staffing of the 9 aforementioned programs and provide continuity in services delivered; 10 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 1. That $20,645 is hereby appropriated, with local revenue estimates increased 13 accordingly, to the FY 2013-14 Operating Budget of the Sheriff's Office; and 14 15 2. That the Sheriff's Department position total is increased by one full-time position, 16 a Storekeeper I, starting on or about December 1St Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of November 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services Cit CA12833 R-1 October 29, 2013 Item -VII-I PLANNING -66- ITEM #632 71 la. CYNTHIA RICKMAN NON -CONFORMING USE lb. ASSOCIATION FOR RESEARCH AND NON -CONFORMING USE ENLIGHTMENT, INC. (A.R.E.) 2. CHECKERED FLAG CONDITIONAL USE PERMIT 3. L YNNHAVEN SHOPPING CENTER, LLC CONDITIONAL USE PERMIT 4. JANICE M. COFFMAN CONDITIONAL USE PERMIT 5. RESCUE AUTOMOTIVE CONDITIONAL USE PERMIT 6. VIRGINIA BEACH CITY PUBLIC SCHOOLS CHANGE OF ZONING 7. CITY OF VIRGINIA BEACH STREET CLOSURE November 12, 2013 -67- Item -VII-I. PLANNING ITEM #632 72 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items la/b, 2, 3, 4, 5, 6 (DEFERRED TO 12/3/2013) and 7 of the PLANNING AGENDA. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None November 12, 2013 I -68- Item -VII-LIa PLANNING ITEM #63273 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Applications for Non -Conforming Use: a. CYNTHIA RICKMAN re redevelopment to demolish and construct new townhouse units at 404 34`'' Street DISTRICT 6 — BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications for Non -Conforming Use: a. CYNTHIA RICKMAN re redevelopment to demolish and construct new townhouse units at 404 34th Street (GPIN 24189239810000) DISTRICT 6 — BEACH The following condition shall be required: 1. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards, the Site shall be developed substantially in accordance with the submitted survey, entitled "Proposed Site" and "Physical Survey of Lot 13, Block 106, Linkhorn Park for Cynthia Rickman, " prepared by Dennis Gerwitz Land Surveyors and dated December 18, 2012. 2. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards, the Site Building shall be developed substantially in accordance with the submitted building elevation drawings, entitled "Proposed East Side Elevation" and "Proposed 34th Street Elevation," prepared by Construction Services & Management, undated. 3. The maximum number of dwelling units on the subject Site shall not exceed four (4). 4. The building elevation drawings referenced in Condition No. 2 shall be revised and submitted to the Director of Planning for review and approval prior to the submission of any Plan to the Development Services Center. The revisions to the building elevation drawings shall occur after meeting with staff of the Current Planning Division of the Department of Planning to discuss said building elevations. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth day of November, Two Thousand Thirteen November 12, 2013 -69 - Item -VII-Lla PLANNING ITEM #63273 (Continued) Voting: 11-0 Council Members Voting Aye. Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None November 12, 2013 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING USE 3 ON PROPERTY LOCATED AT 404 34TH STREET 4 5 WHEREAS, the Cynthia Rickman (hereinafter the "Applicant") has made 6 application to the City Council for authorization for the enlargement of a nonconforming 7 use located at 404 34th Street in the A-12 Apartment District by enlarging the area 8 developed with multi -family dwellings on the parcel; and 9 10 WHEREAS, there is located on the parcel two multi -family dwellings with a total 11 of 6 units, which is not allowed in the A-12 Apartment District, however, the two (2) units 12 were built prior to the adoption of the applicable zoning regulations and are therefore 13 nonconforming; and 14 15 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 16 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 17 City Council authorizing such action upon a finding that the proposed use, as enlarged, 18 will be equally appropriate or more appropriate to the zoning district than is the existing 19 use; 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the City Council hereby finds that the proposed use, as enlarged, will be 25 equally appropriate to the district as is the existing nonconforming use under the 26 conditions of approval set forth hereinbelow. 27 28 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 29 BEACH, VIRGINIA: 30 31 That the enlargement of the nonconforming use is hereby authorized, upon the 32 following conditions: 33 34 1. Except as modified by any condition below or as necessary to meet City 35 development ordinances and standards, the site shall be developed 36 substantially in accordance with the submitted survey, entitled "Proposed 37 Site" and "Physical Survey of Lot 13, Block 106, Linkhorn Park for Cynthia 38 Rickman," prepared by Dennis Gerwitz Land Surveyors, and dated 39 December 18, 2012. 40 41 2. Except as modified by any condition below or as necessary to meet City 42 development ordinances and standards, the site building shall be 43 developed substantially in accordance with the submitted building 44 elevation drawings, entitled "Proposed East Side Elevation" and 45 "Proposed 34th Street Elevation," prepared by Construction Services & 46 Management, undated. 47 48 3. The maximum number of dwelling units on the subject site shall not 49 exceed four (4). 50 51 4. The building elevation drawings referenced in Condition 2 shall be revised 52 and submitted to the Director of Planning for review and approval prior to 53 the submission of any plan to the Development Services Center. The 54 revisions to the building elevation drawings shall occur after meeting with 55 staff of the Current Planning Division of the Department of Planning to 56 discuss said building elevations. 57 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day Of November 2013. APPROVED AS TO CONTENT: AK WM Ii P a��'�'• Iu CA12816 R-1 October 30, 2013 epartment APPROVED AS TO LEGAL SUFFICIENCY: Ci(6d/te WW1 ty Attorney's Office 2 -70 - Item -VII-Llb PLANNING ITEM #63274 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Applications for Non -Conforming Use: b. ASSOCIATION FOR RESEARCH and ENLIGHTENMENT, INC (A.R.E.) re alteration to replace and install a new sign at 215 67`'' Street DISTRICT 5 — LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications for Non -Conforming Use: b. ASSOCIATION FOR RESEARCH and ENLIGHTENMENT, INC (A.R.E.) re alteration to replace and install a new sign at 215 67`" Street (GPIN 2419646299; 2419644281; 2419645102) DISTRICT 5 — LYNNHAVEN The following condition shall be required: 1. The monument -style freestanding sign shall be installed in the location shown on the submitted plan entitled "Modification to Non -Conforming Use Exhibit — Sign Option A, " prepared by WPL and dated July 31, 2013. 2. The materials, colors and design of the monument -style freestanding sign shall be substantially as shown on the submitted sign elevation drawing entitled "Entry Identification Monument @ 67`1i Street, Design Concept RVc. 5 / Design Concepts, Exterior Signage," prepared by DTB design and dated 5/08/13. 3. The materials, colors, design and installation location of the building identification sign shall be substantially as shown on the submitted Sign Elevation drawing entitled "Building Identification Dimensional Letters, Design Concept b.2 / Design Concepts, Exterior Signage," prepared by DTB design and dated 5/12/13. 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 Twelfth day of November, Two Thousand Thirteen November 12, 2013 -71 - Item -VII-Lla PLANNING ITEM #63274(Continued) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None November 12, 2013 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT AND RECONSTRUCTION OF 3 SIGNAGE TO A NONCONFORMING USE ON 4 PROPERTY LOCATED AT 215 67TH STREET 5 6 WHEREAS, the Association for Research and Enlightenment (hereinafter the 7 "Applicant") has made application to the City Council for authorization for the 8 enlargement and reconstruction of signage to a nonconforming use located at 215 67th 9 Street in the R -5R Resort Residential District; and 10 11 WHEREAS, there is located on the parcel a private non-profit institution, which 12 was an allowed use when constructed, but which is not currently an allowed use in the 13 R -5R Resort Residential District and is therefore nonconforming; and 14 15 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 16 enlargement and reconstruction of a nonconforming use is unlawful in the absence of a 17 resolution of the City Council authorizing such action upon a finding that the proposed 18 use, as enlarged and reconstructed, will be equally appropriate or more appropriate to 19 the zoning district than is the existing use; 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the City Council hereby finds that the proposed use, as enlarged and 25 reconstructed, will be equally appropriate to the district as is the existing nonconforming 26 use under the conditions of approval set forth hereinbelow. 27 28 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 29 BEACH, VIRGINIA: 30 31 That the enlargement and reconstruction of the signage for the nonconforming 32 use is hereby authorized, upon the following conditions: 33 34 1. The monument -style freestanding sign shall be installed in the location 35 shown on the submitted plan entitled "Modification to Non -Conforming Use 36 Exhibit — Sign Option A," prepared by WPL, and dated July 31, 2013. 37 38 2. The materials, colors, and design of the monument -style freestanding sign 39 shall be substantially as shown on the submitted sign elevation drawing 40 entitled "Entry Identification Monument @ 67th Street, Design Concept 41 RVc.5 / Design Concepts, Exterior Signage," prepared by dtb design, and 42 dated 5/08/13. 43 44 3. The materials, colors, design, and installation location of the building 45 identification sign shall be substantially as shown on the submitted sign 46 elevation drawing entitled "Building Identification Dimensional Letters, 47 Design Concept b.2 / Design Concepts, Exterior Signage," prepared by 48 dtb design, and dated 5/12/13. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of November 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CA12817 R-1 October 30, 2013 diAgfr A/ki City Attorney's Office 2 -72 - Item -VII-I.2 PLANNING ITEM #63275 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of CHECKERED FLAG to MODIFY a Conditional Use Permit re vehicle sales at 3700 Sentara Way (approved February 24, 1997) DISTRICT 3 — ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CHECKERED FLAG to MODIFY a Conditional Use Permit re vehicle sales at 3700 Sentara Way (approved February 24, 1997) (GPIN 1487523853) DISTRICT 3 — ROSE HALL The following conditions shall be required: 1. When the building additions and parking area are developed, they shall be in substantial conformance with the Conceptual Site Layout entitled "Volkswagen Checkered Flag, Virginia Beach, Virginia", prepared by MSA, P.C., and dated 07/01/13, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Concept Plan'). 2. When the buildings are developed, they shall be in substantial conformance with the Building Elevations entitled "Volkswagen Checkered Flag, Exterior Building Elevations" prepared by Lyall Design Architects, dated 07/01/13, which have been exhibited to the Virginia Beach City Council, and are on file with the Virginia Beach Department of Planning ("Elevations'). 3. When the Volkswagen Checkered Flag monument sign is constructed and installed, it shall comply with sign and landscaping regulations. No pylon signs shall be permitted. 4. Flagpoles shall incorporate down -lighting in lieu of up -lighting. Only one set of flags, representing the dealership or car manufacturer, will be permitted on the Site. 5. No vehicle display shall be located between the existing Stormwater Management facility and Interstate 264 that would disrupt access and/or maintenance within the City drainage easement or disturb the existing ditch. A layout of this vehicle display, with dimensions in the easements, shall be submitted to the Planning Director for review and approval. 6. Any modifications of existing signs on the Site or structures shall be required to comply with sign regulations. 7. No statue shall be permitted in the vehicle display area at the Driver's Mart Way entrance as indicated on the Site Plan referenced in Condition No.1. An exhibit drawing or photograph of any statues proposed elsewhere on the Site shall be submitted to the Planning Director for review and approval. No statue shall be installed without said review and approval. 8. No outdoor paging or speaker systems are permitted. November 12, 2013 -73 - Item -VII-I.2 PLANNING ITEM #63275(Continued) 9. In addition to the landscaping shown on the submitted Plan, a meandering berm with a height of at least three (3) feet at the top of the berm shall be required along the Sentara Way frontage. Flowerbeds, satisfactory to the Planning Director, must be incorporated into the landscaping along Sentara Way. 10. Any archways shall be a maximum of sixteen (16) feet and be permitted to allow traffic passageway, but shall not be lighted at any time. There shall be no signage on the proposed entrance archway, including promotional messages or banners, nor shall they be placed on the cars displayed at the entrance. This area shall be landscaped. All applicable setbacks must be adhered to. 11. No trees or vegetation may be removed by the applicant from the City or State land located between the subject Site and 1-264 or from the Third Street right-of-way without written permission from the City or State. 12. Hours of operation shall be from 7:00 A.M. to 9:00 P.M. for the sales operation. Hours for the Service Center shall be limited to 7:00 A.M. to 10:00 P.M. All repair, service, maintenance, cleaning and washing will be conducted inside the Service Center. Bay doors on the Service Center shall be closed while repair work is being conducted, except for entering and exiting. 13. All lighting shall be directed away from the nursing facility located on the adjacent property to the West and away from the residentially zoned property located to the South across Sentara Way. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth day of November, Two Thousand Thirteen November 12, 2013 -74 - Item -VII-I.2 PLANNING ITEM #63275 (Continued) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None November 12, 2013 -75 - Item -VII-L3 PLANNING ITEM #63276 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of LYNNHAVEN SHOPPING CENTER, LLC for a Conditional Use Permit re an indoor fitness and wellness facility at 2866 Virginia Beach Blvd DISTRICT 5 — LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of LYNNHAVEN SHOPPING CENTER, LLC for a Conditional Use Permit re an indoor fitness and wellness facility at 2866 Virginia Beach Blvd (1497367543) DISTRICT 5 — LYNNHAVEN The following conditions shall be required: 1. This Conditional Use Permit (CUP) applies only to "MAJOR TENANT C" referenced on the submitted Site Plan titled, "VIRGINIA BEACH BOULEVARD" and prepared by MLH This Site Plan has been exhibited to the City Council and is on file at the City of Virginia Beach Planning Department. 2. With the exception of the outdoor exercise patio, this Conditional Use Permit (CUP) does not include the improvements shown in the submitted elevations or Site Plan. 3. The proposed exterior building signage shall comply with the requirements of the Zoning Ordinance for signs. 4. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permit and Inspections Division, Health Department and Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official prior to commencing operation. 5. The facility shall operate only between the hours of 5:00 A.M. and 11:00 P.M. 6. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 7. There shall be a minimum of one staff member certified for First Aid and Automated External Defibrillator (AED) training on Site at all times. 8. The area referenced on the submitted Site Plan as "EXERCISE PATIO" shall be fully enclosed by a fence with a height of at least six (6) feet. Said fencing shall be maintenance free and shall include a self-locking gate on the exterior. This area shall be lit at all times and shall be directly accessible from the interior of the unit identified as "MAJOR TENANT C." November 12, 2013 -76 - Item -VII-L3 PLANNING ITEM #63276(Continued) This Ordinance shall be effective in accordance with Section 107(0 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth day of November, Two Thousand Thirteen Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None November 12, 2013 -77 - Item -VII-L4 PLANNING ITEM #63277 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of JANICE M. COFFMAN for a Conditional Use Permit re a child Daycare at 585 Lavender Lane DISTRICT 4 — BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of JANICE M. COFFMAN for a Conditional Use Permit re a child Daycare at 585 Lavender Lane (GPIN #1477082650) DISTRICT 4 — BAYSIDE The following conditions shall be required.• 1. The maximum number of children to be cared for shall be determined by the Department of Social Services but shall not exceed twelve (12). 2. Hours of operation shall be limited to Monday through Friday, 6:00 A.M. to 6:00 P.M. 3. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Daycare Home at any one (1) time. 4. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion on Lavender Lane is avoided. 5. A sign, no greater than one square foot in size, ident fying the Daycare Home, may be installed on the house. 6. In the event the applicant replaces the existing fencing, the chain-link fencing and gate shall be replaced with a wood or maintenance free fence no higher than four (4) feet in height. 7. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 8. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the house as a Family Daycare Home. 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 Twelfth day of November, Two Thousand Thirteen November 12, 2013 -78 - Item -VII-I.4 PLANNING ITEM #63277(Continued) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent.• None November 12, 2013 -79 - Item -VII-I.5 PLANNING ITEM #63278 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of RESCUE AUTOMOTIVE for a Conditional Use Permit re a repair garage at 294 North Witchduck Road DISTRICT 4 - BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of RESCUE AUTOMOTIVE for a Conditional Use Permit re a repair garage at 294 North Witchduck Road (GPIN #1467856427) DISTRICT 4 - BAYSIDE The following conditions shall be required: 1. This Conditional Use Permit (CUP) is granted for a period of five (5) years from the date of City Council approval; however, the Use Permit may be extended on an annual basis if the Zoning Administrator and Director of Planning find the then -current development trend in the area of the Pembroke Strategic Growth Area (SGA) immediately surrounding the Site is not indicative of imminent redevelopment consistent with the recommendations of the Pembroke Strategic Growth Area (SGA) 4 Implementation Plan. 2. All repair work shall be conducted within the building. 3. There shall be no outside storage of parts or equipment on the site. 4. There shall be no outside storage of vehicles that are wrecked or in a state of obvious disrepair. If vehicles in this condition require storage, such vehicles shall be stored within the building. 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 Twelfth day of November, Two Thousand Thirteen November 12, 2013 -80 - Item -VII-L 5 PLANNING ITEM #63278(Continued) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None November 12, 2013 -81 - Item -VII-L6 PLANNING ITEM #63279 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO 12/3/13 BY CONSENT, Application of VIRGINIA BEACH CITY PUBLIC SCHOOLS for a Change of Zoning from B-2 Community Business to A-36 Apartment re a school at 1008 Ferry Plantation Road DISTRICT 4 — BAYSIDE Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None November 12, 2013 -82 - Item -VII-I.7 PLANNING ITEM #63280 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council EXTENDED FOR COMPLIANCE, BY CONSENT, Application of the CITY OF VIRGINIA BEACH to EXTEND the date for compliance re a Street Closure at Lake Avenue and Oak Street and portions of Locust Crescent and Ellis Avenue DISTRICT 4 - BAYSIDE Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None November 12, 2013 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN 3 THE MATTER OF CLOSING LAKE 4 AVENUE, OAK STREET, AND PORTIONS 5 OF LOCUST CRESCENT AND ELLIS 6 AVENUE 7 8 WHEREAS, on November 27, 2012, City Council acted upon the 9 application of the City of Virginia Beach (the "Applicant") for the closure of Lake Avenue, 10 Oak Street, and portions of Locust Crescent and Ellis Avenue, as shown on Exhibit A 11 attached hereto; 12 13 WHEREAS, on November 27, 2012, City Council adopted an Ordinance 14 (ORD -3262M) to close the aforesaid rights-of-way, subject to certain conditions being 15 met on or before November 26, 2013; and 16 17 WHEREAS, on October 2, 2013, the Applicant requested an extension of 18 time to satisfy the conditions to the aforesaid street closure actions. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 21 Virginia Beach, Virginia: 22 23 That the date for meeting conditions of closure as stated in the Ordinance 24 adopted on November 27, 2012 (ORD -3262M), upon application of the City of Virginia 25 Beach, is extended to November 26, 2014. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on this 28 12thday of November , 2013. APPROVED AS TO LEGAL SUFFICIENCY: )77 City Attorney CA12752 \\vbgov.com\DFS1\Applications\CityLawProd\cycom32\Wpdocs\D030\P016\00094442.DOC R-1 November 1, 2013 1 APPROVED AS TO CONTENT: 444ILik Plann Department FOR LOT OWNER INFORMAON FOR PARCELS IDENTIFIED AS (A) THROUGH SEE SHEET 2 OF 2. t G i <3 0 r) aS c O 0 a a < r") O N N 0 —1 0 0°w 00 U7 ( coJ w 0 w (7) N/F j CITY OF I VIRGINIA BEACH PARCEL A 40' R/ W) S3820'11"W I I j 1 551'36'06"E 9.81' I LOCUST CRESCENT (VAR. R/W) (D.B. 2397, PG. 126) {FORMERLY ELM ST, -M,8.3, PC.171- v- I 317.21' TIE TO P.I. ,, /115.8,; f,,/ O N/F r I CITY OF NORFOLK I "LAKE SMITH°' I GPIN 1469-62-7175 BLOCK 2 -LAKESIDE 0 (M.B. 3, PG. 171) o® 0 N/F CITY OF VIRGINIA BEACH CO to N 0 N Q) jEj ,551'40,'11,"E 299.61 / / LLIS AVENUE ,(50' R/W) / / // (FORMERLY PINE ST. -M.8.3, P0.171) N51°39'20'W 299.69' BLOCK 3 - LAKESIDE N.B. 3, PG, 171) PROPERTY LINE BY CITY DEED 618 D.B. 51, PG. 10 S51'32'01"E 390.70'' \ -F� 7/,OAK STREET// i` �Lqt (40' R/W)/`// /(M.B. 3, PG. 171)) /`,.. -/., ////N51'23'13"W, /1- N51 192.17' /124.17' 115.27' '37'16"W 316.34' OA. a0 o t0 0 to S0 N w INST. INST. CITY OF VIRGINIA BEACH PARCEL B #20060706001024770(DEED) #20060522000771350(PLAT) GPIN 1469-52-7035 MERIDIAN REFERENCE: VIRGINIA STATE PLANE COORDINATE SYSTEM SOUTH ZONE, NORTH AMERICAN DATUM 1983,/1993 (HARN) (U.S. SURVEY FOOT) - J < NNr' in 0 N ¢I < O iN� p N 0 0 LO N 51 2 ctU < 5 dwoa- 0 0 co to N C'4 0 2 2 N 3491991.9219 E 12165498.3107 STREET LINE AS SHOWN IN M.B.3, 100 GRAPHIC SCALE 0 50 100 200 MI MB 1111•11111 N , M Ilif•� ( IN FEET ) inch tOO #t. 4 ...... iIMOTH''.FLET CHERYy, Lic. No. 2516 4 1:44-,0 SHEET 1 OF 2 PG. 171 AREA OF STREET CLOSURE 55,214 SF 1.2675 AC. UNE TABLE LINE BEARING DISTANCE LI N38'20'40"E 49.95' L2 N51'37'16"W 75.00' L3 N38'23'54'E 39.96' L4 N36'48'17"W 136,86' L5 S25'16'43"W 35.93' EXH BIT SHOWING A CLOSURE OF A PORTION OF LOCUST CRESCENT (FORMERLY ELM STREET - M.B. 3, PG. 171) & A PORTION OF ELLIS AVENUE (FORMERLY PINE STREET - M.H. 3, PG. 171) AND A CLOSURE OF LAKE AVENUE AND OAK STREET (M.B. 3, PG. 171) VIRGINIA BEACH, VIRGINIA Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 410 NORTH CENTER DRIVE, SUITE 100 Norfolk, VA 23502 T 757.497.7472 F 757.97.0250 lSrawn: TFF l3at®: NOVEMBER 7, 2011 scale =100' It.ak.d TFF 1 Pray F,°. 16700:1-14 EXHIBIT A ..� 'IDENTIFIER PARCEL & OWNER L:' LOTS 9; 10 — BLOCK 2 N/F CITY OF VIRGINIA BEACH INST.#20060706001024770 (DEED) INST.#20060522000771380 (PLAT) GPIN 1469-52-4486 r© LOT 11 — BLOCK 2 N/F CITY OF VIRGINIA BEACH INST.#20081120001335970 M.B. 3, PG. 171 GPIN 1469-52-5403 Q G LOTS 12-20 — BLOCK 2 N/F CITY OF VIRGINIA BEACH INST.#20060706001024770 (DEED) INST.#20060522000771420 (PLAT) GPIN 1469-52-6306 A PORTION OF LOTS 23, 24, 25 & 26 — BLOCK 2 N/F CITY OF VIRGINIA BEACH INST.#20060706001024770 (DEED) INST .#20060522000771400 (PLAT) GPIN 1469-52-5486 A PORTION OF LOT 27 — BLOCK 2 N/F CITY OF VIRGINIA BEACH INST.#20060706001024770 (DEED) INST.#20060522000771400 (PLAT) GPIN 1469-52-6433 LOTS 28, 29 — BLOCK 2 N/F AUGUSTUS COSTON D.B. 96, PG. 79 M.B. 3, PG. 171 GPIN 1469-52-6482 LOTS 30, 31 — BLOCK 2 N/F CITY OF VIRGINIA. BEACH INST.#20060706001024770 (DEED) INST.#20060522000771410 (PLAT) GPIN 1469-52-7421 LOT 32 — BLOCK 2 N/F CITY OF VIRGINIA BEACH INST.#20080619000727770 M.B. 3, PG. 171 GPIN 1469-52-7336 PARCEL A N/F CITY OF VIRGINIA BEACH INST.#20060706001024770 (DEED) INST,#20060522000771350 (PLAT) GPIN 1469-52-9638 2 TI A(; tri' 77. FLL'PC11ER b 4 Lc. No. 2516 N,�"gyp S g:J 4,,, 74 SHEET OF 2 !DENTIFIE PARCEL & OWNER (5)LAKE SMI T l N/F CITY OF NORFOLK INST.#20060522000771350 (FLAT) D.B. 51, PG. 10 GPIN 1469-62-7175 LOTS 21-32 — BLOCK 3 N/F CITY OF VIRGINIA BEACH INST.#20060706001024770 (DEED) INST.#20060522000771390 (PLAT) GPIN 1469-52-4277 A PORTION OF LOTS 1-8, AND ALL OF LOTS 9-19 — BLOCK 3 N/F CITY OF VIRGINIA BEACH INST.#20060706001024770 (DEED) INST.#20060522000771390 (PLAT) GPIN 1469-52-3280 (JM LOT 20 — BLOCK 3 N/F CITY OF VIRGINIA BEACH INST.#20060706001024770 (DEED) INST.#20060522000771390 (PLAT) GPIN 1469-52-5130 EXHIBIT SHOWING A CLOSURE OF A PORTION OF LOCUST CRESCENT (FORMERLY ELM STREET — M.B. 3, PG. 171; & A PORTION OF ELLIS AVENUE (FORMERLY PINE STREET — M.B. 3, PG. 171) AND A CLOSURE OF LAKE AVENUE AND OAK STREET (M.B. 3, PG. 171) VIRGINIA BEACH, VIRGINIA Patton Harris Rust & :Associates Engineers. Surveyors. Planners. Landscape Architects. 410 NORTH CENTER DRIVE, SUITE 100 Norfolk, VA 23502 T 757,497.7472 F 757.497.0250 N /A Prof No. 16700-1-14 EXHIBIT A (Pane 2 of 21 -83 - ITEM VII -J APPOINTMENTS ITEM #63281 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: CHESAPEAKE BAY PRESER VA TION AREA BOARD COMMUNITY SERVICES BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE (HREDA) HISTORIC PRESERVATION COMMISSION MINORITY BUSINESS COUNCIL PENDLETON PROJECT MANAGEMENT BOARD PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION RESORT AREA PARKING STRATEGY SENIOR SERVICES OF SOUTHEASTERN VIRGINIA (SEVAMP) TRANSITION/ITA TRAFFIC AREA ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) November 12, 2013 -84 - Item -VII-M ADJOURNMENT ITEM #63282 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:09 P.M. 4440nab 1--/W1.tY C/it C_ Amanda Finley-Barne , CMC Chief Deputy City Clerk uth Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia November 12, 2013 -85 - PUBLIC DIALOGUE Bruce Dress, 921 Winthrope Drive, Phone: 647-3987, President, Tidewater Bicycle Association, spoke in support of the continuance of the ten (10) foot or wider path along the Light Rail Corridor. This bike path will add to public health and transit. This concept is not new as many cities throughout the United States have paths along their major transit lines. Kim Whitley, 715 Winston Salem Avenue, Phone: 635-0863, is a member of the Tidewater Bicycle Association and a resident of Shadowlawn. Mr. Whitley is a Senior Instructor at William & Mary and teaches Leadership classes. Vision is a key party of leadership. Mr. Whitley supports the bike path along the Light Rail Corridor and asked the City to look to other cities across the United States to ensure this is a success. Richard Hildreth, 1704 Catherine Court, Phone: 377-4130, spoke in support of the bike path along the Light Rail Corridor. Mr. Hildreth is the Chairman of the Bikeways & Trails Committee. The City conducted a Study to identify citizen concerns a few years ago and 89% of citizens expressed desire to have better access to more trails. Any given Sunday morning, you will have a problem finding a parking space. The City cannot overestimate the usage this bike path will have. Christine Ross, 749 Whistling Swan Drive, Phone: 905-0265, received a video last week of Mayor Sessoms speech at a Prayer Breakfast. Mayor Sessoms spoke on the Bible Verse, "Where your treasure is, there will be your heart also." Ms. Ross questioned the Mayor on his "treasure ". Ms. Ross requested the City close the Abortion Clinics within the City by rezoning the properties, buying the buildings where they operate and/or declaring the clinics as "dangerous nuisances ". The PUBLIC DIALOGUE re Non -Agenda Items concluded at 6:23 P.M. November 12, 2013