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APRIL 8, 2014 MINUTESCITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne -- District 7 SHANNON DS KANE, Rose Hall - District 3 BRAD MARTIN, P.E., At Large JOHN D.MOSS, At Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach -- District 6 ROSEMARY WILSON, At Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER JAMES K. SPORE CITY AT7ORNEY 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 08 APRIL 2014 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com CITY COUNCIL WORKSHOP - Conference Room - A. FY 2014-15 RESOURCE MANAGEMENT PLAN (Budget) I. QUALITY PHYSICAL ENVIRONMENT a. b. c. Planning — Jack Whitney Public Utilities — Tom Leahy Public Works — Phil Davenport II. CITY COUNCIL LIAISON REPORTS CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW - Conference Room - INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF THE CITY COUNCIL C. RECESS TO CLOSED SESSION 3:00 PM 5:00 PM 5:30 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Rodney Puckett Pastor Avalon Hills Bible Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS MARCH 25, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PRESENTATION 1. OCEAN LAKES HIGH SCHOOL — Mayor Will Sessoms Councilman Jim Wood I. PUBLIC HEARINGS 1. PROPOSED LOCAL PROPERTY TAX EXEMPTIONS a. Kim's Microboard, Inc. b. Family Christian Resource Center, Inc. 2. FRANCHISE OF CITY PROPERTY a. Lifeguard Stands and Storage Boxes in the Resort Area J. ORDINANCES/RESOLUTIONS 1. Ordinance to DESIGNATE local real and personal property Tax Exemptions: a. KIM'S MICROBOARD, INC. b. FAMILY CHRISTIAN RESOURCE CENTERS, INC. 2. Ordinance to ACCEPT and APPROPRIATE Grant funds re Pre -Hospital Patient Care Reporting 3. Resolution to AUTHORIZE a freestanding mobile home at 4231 Charity Neck Road DISTRICT 7 — PRINCESS ANNE 4. Ordinance to AUTHORIZE construction and acceptance of Dedication of a Performance Stage at 34th Street 5. Ordinance GRANTING a Franchise to Strategic Art Solutions, LLC re the decoration of Lifeguard Stands and Storage Boxes in the Resort Area 6. Ordinance to ACCEPT the 2014 Housing Choice Voucher Annual Agency Plan and a Revised Administrative Plan and AUTHORIZE the City Manager to EXECUTE and SUBMIT the Plan to the U.S. Department of Housing and Urban Development (HUD) 7. Ordinance to AUTHORIZE temporary Encroachments into a portion of the City right-of-way and a Public Utility Easement at 5445 Connie Lane for Bribra Baker, Inc. DISTRICT 2- KEMPSVILLE 8. Ordinance to TRANSFER $250,000 within the FY 2013-14 Operating Budget to continue PPEA Light Rail Evaluations K. PLANNING 1. Application of DON and CONCETTA BRYDGE for a Variance to the Subdivision Regulations, Section 4.4. (b) of the City Zoning Ordinance (CZO), re combine parcels at 3189 Indian River Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 2. Application of CROWN CASTLE USA, INC for the relocation of a Non -Conforming Structure re a Communication Tower at Meadow Ridge Lane (Deferred February 25 and March 11, 2014) DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 3. Application of MATTHEW ALVES for a Conditional Use Permit re Home Occupation (firearms and gunsmithing) at 2445 Brush Creek Lane DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL 4. Application of PATRICIA ANNE VOGEL for a Conditional Use Permit re Family Child Daycare at 3712 Massanutten Court DISTRICT 1 — CENTERVILLE RECOMMENDATION: APPROVAL 5. Applications of MILLER HOLDING II, LLC, DISTRICT 4 — BAYSIDE a. Conditional Change of Zoning, from B-2 Community Business to Conditional B-4 Mixed -Use b. Conditional Use Permit re Multi -Family dwellings at 4877 Shore Drive RECOMMENDATION: ALLOW WITHDRAWAL 6. Application of FIVE MILE STRETCH ASSOCIATES, LLC for a Conditional Change of Zoning, from AG -1 andAG-2 Agricultural to Conditional PD -H2 Planned Unit Development District re dwellings at 2800 - 2900 Princess Anne Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 7. Application of HIF, LLC, HIC, LLC; MACH ONE, LLC for a Conditional Change of Zoning, from B-2 Community Business to Conditional A-18 Apartment re apartment and townhouse units at the West side of Windsor Oaks Boulevard South of Holland Road DISTRICT 3 — ROSE HALL RECOMMENDATION: DEFER TO MAY 13, 2014 8. Application of NORTHAMPTON EXECUTIVE CENTER, LLC for a Conditional Change of Zoning, from B-2 Community Business to Conditional B-2 Community Business and Conditional A-36 Apartment District re apartment units at 1300 Diamond Springs Road DISTRICT 4 — BAYSIDE RECOMMENDATION: INDEFINITE DEFERRAL L. APPOINTMENTS GREEN RIBBON COMMITTEE EASTERN VIRGINIA MEDICAL SCHOOL HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL PROCESS IMPROVEMENT STEERING COMMITTEE TRANSITION AREA/ITA TRAFFIC AREA CITIZENS ADVISORY COMMITTEE 2040 VISION TO ACTION COMMUNITY COALITION COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS O. 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 April 1st April 81h April 15" April 22nd May 1st May 6`" May 13`" FY 2014-2015 RESOURCE MANAGEMENT SCHEDULE Budget Workshop/Briefings Budget Workshop/Briefings City Council Meeting Budget Workshop/Briefings Budget Workshop/Briefings PUBLIC HEARING City Council Meeting PUBLIC HEARING Reconciliation Workshop City Council Meeting Vote on Budget Conference Room Conference Room City Council Chamber Conference Room Conference Room City Council Chamber KEMPSVILLE HS Conference Room Council Chamber CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZEN DIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS — 4:00-6:00 PM CITY COUNCIL RETREAT Economic Development Office Town Center Monday, September 8, 2014 2014 CITY HOLIDAYS Memorial Day - Monday, May 26 Independence Day - Friday, July 4 Labor Day - Monday, September 1 Veterans Day - Tuesday, November 11 Thanksgiving Day and Day after Thanksgiving — Thursday, November 27 and Friday, November 28 Christmas Eve (half-day) - Wednesday, December 24 Christmas Day - Thursday, December 25 -1 - VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 8, 2014 Mayor William D. Sessoms, Jr., called to order City Council's Informal Session, in the City Council Conference Room, Tuesday, April 8, 2014, at 3:00 P.M Council Members Present: Robert M Dyer, Amelia N. Ross -Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None April 8, 2014 -2 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PLANNING ITEM #63653 4:00 P.M. Mayor Sessoms introduced and welcomed Jack Whitney, Director — Planning Department. Mr. Whitney advised the Planning Department has a fairly conservative Budget request this year: Planning and Community Development Department Budget Workshop April 8, 2014 jack Whitney The proposed Budget increase of eight (8) FTEs is exclusively related to the Stormwater mandate: Planning Department Operating Budget Planning Services ESO Programs Comprehensive Planning Current Planning and Zoning DSC Building Permits Total $1,304,959 10.0 $1,266,945 10.0 (38,014) (2.9%) 671,001 6.0 724,948 7.0 53,947 8.0% 504,140 5.0 527,010 5.0 22,870 4.5% 1,695,178 19.0 1,683,961 19.0 (11,217) (.7%) 2,013,404 21.0 2,234,491 24.0 221,087 11.0% 3.649.957 47.0 3,903,616 51.0 253.659 6.9% $9,838,639 108.0 $10,340,971 116.0 502,332 5.1% April 8, 2014 -3 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) O UALITY PHYSICAL ENVIRONMENT PLANNING ITEM #63653 (Continued) The Department has very little operating expense: FY 2014-15 Budget Budget by Expense Category $978,331 $52,510 Personnel P Operations R Boards and Commissions RuAaPt The Department's significant issues are related to the Stormwater mandate, as well as the kick-off to the new automated system. Planning Department Significant Issues ➢ Stormwater Management Program DSC & P&I Virginia State Code requires localities to adopt and implement Virginia Stormwater Management Program, effective 7/1/2014 Proposed budget requests seven positions > DSC — 2 Engineers, 1 Administrative Specialist > P&I — 3 Construction Inspectors, 1 Planning Aide $305,906 additional revenue projected, transfer from Stormwater Fund covers remaining cost of program ➢ Accela Automation Kick Off—April 10, 2014 Leverages investment in Accela System Upgrade for Permits and Inspection by integrating and automating business activities related to plan review, zoning complaints, citizen inquiries, street addressing, waterfront operations and comprehensive planning Provides ability to submit plan, plats and applications, view status and results of staff review and boards and commision decisions and facilitates credit card payments — at online 24/7 April 8, 2014 -4 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PLANNING ITEM #63653 (Continued) The graph below provides a comparison of the workload with the number of FTEs. Mr. Whitney stated the Staff is working efficiently and effectively by streamlining processes. Planning Department FY 2014-15 Trends & Highlights Planning Department Workload to FTE Comparison 210 200 —>, — 190 .1.... , 180 170 --'. 160 1-- 150 — 150 _.. 140 130 120 110 ;._..... 100'— ""— FY10 FY11 FY12 FY13 FY14Est FY15Proj 27 All Planning Workload Indicators —FTE Mayor Sessoms thanked Mr. Whitney and the entire Planning Department for the work performed. April 8, 2014 -5 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) QUALITY PHYSICAL ENVIRONMENT PUBLIC UTILITIES ITEM #63654 3:15 P.M. Mayor Sessoms introduced and welcomed Tom Leahy Director — Public Utilities Department. Mr. Leahy expressed his appreciation to City Council for the opportunity to present Public Utilities' proposed Budget: Department of Public Utilities Budget Workshop: April 8, 2014 Thomas Leahy, Director Mr. Leahy provided the Organizational Chart for Public Utilities: Public Utilities Organization April 8, 2014 -6 - CITY COUNCIL'S BRIEFING FY2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC UTILITIES ITEM #63654(Continued) As of April 2"d, the Department has nine (9) vacancies: The proposed Budget increased 2.5% i from last year. The Water Service Contract is down almost $2 - MILLION. Department of Public Utilities Operating Budget Director's Office $ 442,397 3.0 $ 468,202 3.0 $ 25,805 5.8% Engineering Division 9,028,414 86.0 9,447,871 88.0 419,457 4.6% Lake Gaston Facilities 3,255,701 NA 3,396,966 NA 141,265 4.3% Operations Division 28,843,248 255 30,109,238 255 1,265,990 4.4% Business Division 7,651,428 68.0 7,733,413 69.0 81,985 1.1% Water Service Contract 27,038,000 NA 25,041,000 NA (1,997,000) (7.4%) Retiree Health Care NA 460,000 NA 460,000 - Debt Service & PayGo 30,527,690 NA 32,384,997 NA 1,857,307 6.1% Reserves 950,850 NA 1,386,335 NA 435,485 45.8% Transfer to Other Funds 9,977,327 NA 10,271,875 NA 294.548 3.0% Total 5,.17,715.055 412.0 5120.699.897 415,Q 84,842 2.5% April 8, 2014 POSITION VACANCY REPORT As of April 2, 2014 PUBLIC UTILITIES Organization Position Title Vacancy Date. 20042 - Sewer Pump Stations Maintenance Eng II/Electrical 03/16/14 20032 - Water Pump Stations Utility Mechanic Aide 02/16/14 20034 - Meter Operations Laborer 02/01/14 20041 - Sewer Collection Utility Mechanic II 01/16/14 20011 - Engineering Eng Tech I 01/06/14 20041 - Sewer Collection Utility Mechanic Supervisor 01/01/14 20041 - Sewer Collection Utility Mechanic Aide 11/30/13 20011 - Engineering Engineer IV 11/26/13 20032- Water Pump Stations Utility Superintendent 11/01/13 The proposed Budget increased 2.5% i from last year. The Water Service Contract is down almost $2 - MILLION. Department of Public Utilities Operating Budget Director's Office $ 442,397 3.0 $ 468,202 3.0 $ 25,805 5.8% Engineering Division 9,028,414 86.0 9,447,871 88.0 419,457 4.6% Lake Gaston Facilities 3,255,701 NA 3,396,966 NA 141,265 4.3% Operations Division 28,843,248 255 30,109,238 255 1,265,990 4.4% Business Division 7,651,428 68.0 7,733,413 69.0 81,985 1.1% Water Service Contract 27,038,000 NA 25,041,000 NA (1,997,000) (7.4%) Retiree Health Care NA 460,000 NA 460,000 - Debt Service & PayGo 30,527,690 NA 32,384,997 NA 1,857,307 6.1% Reserves 950,850 NA 1,386,335 NA 435,485 45.8% Transfer to Other Funds 9,977,327 NA 10,271,875 NA 294.548 3.0% Total 5,.17,715.055 412.0 5120.699.897 415,Q 84,842 2.5% April 8, 2014 -7 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC UTILITIES ITEM #63654(Continued) Virginia Beach has the lowest charges for water supply in the Region and has the 3'd lowest Sanitary Sewer charges: Good News • VA Beach has the lowest charges for public water supply in the region, and the 3rd lowest sanitary sewer charges at 6,000 gallons per month consumption • We lead the region in progress and performance with respect to the sanitary sewer consent order • Two triple-A and the highest double-A bond ratings for revenue bonds in spite of structural financial limitations • Except for disinfection (required by law), water quality rivals bottled water at one -one thousandth the cost • System reliability, customer response, and level of service are "Flagship -quality" at any level of comparison The Department has several accomplishments, including, the new state-of-the-art electronic billing/payment system and restoring service to the Oceanfront within a few hours of a catastrophic waterline failure with minimal impacts: Top Accomplishments • State-of-the-art Electronic Billing and Payment System. Paperless billing, multiple payment methods (incl. automatic bank account debiting), and a 60% reduction in the charge for credit card payments • Collected 99.6% of revenue, increased from 99.5%. Stormwater and Solid Waste enjoy the same efficiency • Key role in maintaining the moratorium on uranium mining • Another record low for SSO's. Eight in 2013: 0.6 SSO's per 100 miles of sewer lines. The national average is 4.5. We consistently have less than 2, but we have had less than 1 in 3 of the last 4 fiscal years (FY11, FY13, and FY14 to date) • Restored service to the oceanfront in a few hours following a catastrophic waterline failure. Effected repairs within 60 days without impacting Laskin Gateway construction and increased the system reliability at the same time April 8, 2014 -8 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC UTILITIES ITEM #63654(Continued) The Department has numerous Budget issues including, aging infrastructure, declining water demand, aging workforce and an increase in overtime to avoid traffic congestion. At any time, the Department has approximately 6% of workforce out of work or restricted to light duty: Top Budget Issues • Declining revenue (exclusive of rate increases) due to reduced water demand and very few new customers • Aging workforce and ADA are decreasing productivity • Traffic congestion forces many repairs and CIP work to short days, nights, or weekends — decreased productivity, increased overtime • Aging infrastructure: A truly sustainable CIP would be 50% more than the current CIP • Sanitary Sewer Consent Order has been a major budget driver but HRSD RWWMP consolidation is a potential bright spot Below are the Department's major Budget drivers: Major Budget Drivers `rC �ecrease,m Norl fokWte�Coq�ra�c Decrease in Revenues from Declining Water Use and Reduced Connection Fees. x($10 Mdllon) +$1.8 Million Debt Service Increase Driven by Regional Consent Order +$1.9 Million Risk Management Increase (Revisions to Allocation Formula) +$1.0 Million DPU Portion of Retiree Health Care +$0.5 Million Reserves (Proposed Compensation Increase) +$0.4 million Transfers to General Fund (Revisions in Allocation Formula) +$0.2 Million CIP Projects Transferred to Operating Budget +$0.2 Million SL 3: Consent Order and VA Stormwater Management Program +$0.1 Million April 8, 2014 -9- CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC UTILITIES ITEM #63654(Continued) The Department receives 96.3%from service charges: Public Utilities FY 2014-15 Operating Budget $2,327,714 1.9% $944,456 ` $1,169,467 0.8% / 1.0% Budget by Revenue e Service Charges Int. & Conn. Fees Federal (GABS) >r. Transfers $1,919,335 $10,271,875 1.6% a,; 85% Budget by Expense Category $120,699,897 $30,470,231 $25,041,000'. $1,286,104 Personnel Water Svc Contract ci Debt Service + PayGo Transfers V Operations III Roiling Stock and Computer Equip. O. Reserves Public Utilities FY2015 Operating Budget $120,699,897 Total Budget IS Operating its ▪ Water Services Contract a.. Debt Service • PnyGO E Reserves/Contingencies Transfer to Other Operating Bureaus are 42% of Public Utilities Budget Operating Bureaus Director's Office Fngineering lake Gaston iacibties m Operations s Rumness Dlvison The Operations Division and Lake Gaston are 65% of Operating Bureau Cost April 8, 2014 -10 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC UTILITIES ITEM #63654(Continucd) Virginia Beach brings water from 125 miles away, stores it in a reservoir and treats the water, yet we still have the lowest water charges in the Region: S12000 In FY2014 VA Beach Has the Lowest Water Charges and Third Lowest Sanitary Sewer Charges at 6,000 Gallons per Month Water Usage April 8, 2014 -11- CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) QUALITY PHYSICAL ENVIRONMENT PUBLIC UTILITIES ITEM #63654(Continued) This is the last increase of the four year increase in order to fund the increased Capital Improvement Program: Approved Monthly Water & Sewer Billing for SFR @ 6,000 Gallons Fiscal Year 2010 2011 2012 2013 2014 2015 Water $28.70 $30.87 $30.87 $30.87 $30.87 $30.87 Wastewater $19.54 $19.54 $22.12 $24.86 $27.76 $30.81 Total Water + Wastewater $48.24 $50.41 $52.99 $55.73 $58.63 $61.68 (+5.2%) The Consent Order has impacts on the Capital Improvement Program. For example, 86% now goes to gaining infrastructure: Water and Sewer CIP: FY 2015 -FY 2020 FY15 $ 8,970,000 $ 31,030,000 $ 40,000,000 FY16 $ 8,835,000 $ 31,165,000 $ 40,000,000 FY17 $ 8,155,000 $ 31,845,000 $ 40,000,000 FY18 $ 10,460,000 $ 29,540,000 $ 40,000,000 FY19 $ 11,410,000 $ 28,590,000 $ 40,000,000 FY20 $ 9,395,000 $ 30,605,000 $ 40,000,000 FY15-20 $ 57,225,000 $ 182,775,000 $ 240,000,000 This CIP reflects a $10M/Yr Reduction ($50M -> $40M) for FY16 and beyond due to the HRSO Consolidation of the Regional Wet Weather Management Plans April 8, 2014 -12 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC UTILITIES ITEM #63654(Continued) Water and Sewer CIP Budget Drivers • Regional Consent Order (EPA/DEQ Mandates) • Aging Infrastructure • Storrnwater/Roadway Coordination • Traffic Congestion (Facilitating Factor) The Regional Consent Order provides CMOM Regulations: Regional Sanitary Sewer Consent Orders • Adopted in 2007 to require HRSD and localities to curtail sanitary sewer overflows • No individual discussions: one -size -fits -all • The Consent Orders = CMOM Regulations Capacity r Regional Wet Weather Management (HRSD) Management Operation MOM (localities) Maintenance April 8, 2014 -13 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) QUALITY PHYSICAL ENVIRONMENT PUBLIC UTILITIES ITEM #63654(Continued) Management, Operations, and Maintenance (MOM) Plans • Mandated practices to improve performance of the sanitary sewer system — Effective — but very costly — FOG, root control, wetwell/sewer line cleaning, flow monitoring , Find -and -Fix repairs, pump station rehabilitation, ongoing condition assessment studies • Responsible for most of the Sanitary Sewer System cost increases to date 76% of the Sanitary Sewer CIP is devoted to the Consent Order: FY 2015-20 Sanitary Sewer Capital Improvement Program: $182,775,000 13 Neighborhood Projects /51% Program 1% Evaluation / Planning 1% r Operational Support 7% v, Roadway & Stormwater Coordination 5% System Expansion - General 0% a Cost Participation Agreements 1% Operational Support: • Emergency Response Program • Vacuum Valve Monitoring System • Landstown Yard Improvements • Utility Crossing Program • Computerized Mapping • Ausiliary Power Program April 8, 2014 -14- CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC UTILITIES ITEM #63654(Continued) Approximately 1/4 ("the Water Supply CIP is devoted to the Consent Order: FY 2015-20 Water Supply Capital Improvement Program: $57,225,000 Roadway & Stormwater Coordination 25% s;. Operational Support 11% System Expansion - General 2% Er Aging Infrastructure 50% D Neighborhood Projects / 51% Program 1% Operational Support: Emergency Response Program Eandaown Yam Improvements Utility Crossing Program Computerized Mapping Water Quality Program Customer Information system 0° Evaluation / Cost Participation Planning Agreements 10% 1% The graph below demonstrates long term funding needs for compliance and sustainable infrastructure 20 - Year Plan with HRSD and shows the CIP can be sustained for the next six (6) years: Long Term Funding Needs for Compliance and Sustainable Infrastructure 20 -Year Rehabilitation Plan, with HRSD (Current year dollars, not escalated) 565 $60 355 $50 _. 545 540 C 035 O $30 5 $25 320 315 310 ,RSQ Y x,e r A rnmlehtatem Dwn • n MOM • er s:xel” :e•res.men• ▪ er moat IN sower wma ,at wn,,er:. wc�• wraxnr its ,'sie er -i1rr r' MOM Wes',eather Management Plan Costs are Currently Unknown. and Pending further Analysis and NNegotiation. April 8, 2014 -15 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC UTILITIES ITEM #63654(Continued) Virginia Beach is in a much better position than the rest of the Region relating to the Sanitary Sewer Flows performance: Sanitary Sewer Flows per ERU: 10 -yr Storm (Actual vs Target: i.e., the "gap") Virginia Beach is lowest in Hampton Roads x Sewer Flow per ERUlgpd) E conseOrder Target The Consent Order and aging infrastructure continue to drive the CIP; however, Virginia Beach is well positioned for the future: Conclusions • Regional Consent Order and Aging Infrastructure are the major drivers for the Public Utilities CIP • In turn, the associated increase in debt service is the major driver for the operating budget • Conservation, low/no growth, aging workforce and traffic congestion are exacerbating factors • However, in terms of our consent order performance, debt/debt service per ERU, and monthly water and sanitary sewer charges, VA Beach is well positioned for the future Mayor Sessoms thanked Mr. Leahy and the entire department for their hard work. April 8, 2014 -16 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655 4:00 P.M. Mayor Sessoms welcomed Phil Davenport, Director — Public Works Department. Mr. Davenport expressed his appreciation to City Council for the opportunity to present Public Works ' proposed Budget: Public Works Budget Workshop April 8, 2014 Phillip A. Davenport 4914 • 6 �n ,p W Mr. Davenport stated the Department is so large that the proposed Budget is broken down into five (5) categories: Presentation Overview • Operating Budget -Phillip A. Davenport • Roadways CIP-Phil Pullen • Buildings CIP-Barry Shockley • Stormwater CIP-Phill Roehrs • Coastal CIP-Phill Roehrs CITY COUNCIL'S BRIEFING April 8, 2014 -17- FY2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655(Continued) Mr. Davenport advised the overall proposed Operating Budget increased by 3.63%. Public Works Operating Budget General Fund $64,859,279 472.88 $66,339,842 472.88 $1,480,563 2.3% Waste Management $42,271,420 171.50 543,527,369 167 51,255,949 3.0% Fund Stormwater Utility Fund City Garage ISF Fund Fuel 537,460,314 48 $39,359,077 156 $1,898,763 5. 511,822,350 78 $12,980,427 78 $1,158,077 9.8% 57,872,002 $8,410,504 $538,502 6.8% Other Funds $4,124,413 20 $4,140,947 20 516,534 0.40% Total $168,409,778 890.38 $174,758,166 893.88 $6,348,388 3.6396 The proposed Budget receives 86%f om Revenues and Fees with only 14% from the General Fund: FY2014-15 Public Works Budget Revenues by Fund GF Support $23.9 million 14% Revenue and $150.8 million 86% Fees Total Budget $174,758,166 CITY COUNCIL'S BRIEFING April 8, 2014 -18 - FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655 (Continued) Public Works received APWA accreditation in December, making Virginia Beach the 6th Public Works Department in the Commonwealth of Virginia and the 88`h in the Country to earn accreditation: General Fund -Trends & Highlights • Received APWA accreditation in December • Fiber Optic Traffic Signal Communication System Expanded by 8 miles; Connected 6 City Facilities (Bldg. 30 (EOC), TCC Joint Use Library) • Retiming of corridors to reduce peak morning congestion • Under the Shared Services Agreement -200 signs fabricated each for Norfolk and Chesapeake Reduced electrical usage in city buildings by 15% -estimated savings of $1.0 million Partnership with City Auditor for a utility bill audit -10 year savings of $600,000 • City owned LED street lighting • Communication efforts have grown substantially and successfully on both our many services and capital projects • Vacancy rates- 3 year average of 24 vacancies (2.6%) • Rudee Inlet Dredging -121,000 cubic yards • Pavement resurfacing on a 22 year cycle General Fund -Trends & Highlights • Additional $1.3 million for paving maintenance in FY15 • If petroleum pricing remains stable -can improve to a 22 year cycle .1000 3.500 2.000 2.500 2.000 2 1.000 500 Projocted00 25 20 10 FY05 FY06 FY07 FY08 FY09 FY10 FY11 FY12 FY 13 FY14 FY15 L 1111111Arterial Lane Miles =Collector/Local Lane Miles -e—Pavement Cycie_Years l April 8, 2014 -19 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655(Continued) The Department continues to improve efficiency in an effort to reduce operating costs: Waste Management Fund -Trends & Highlights • Enterprise Fund - Recovery of costs for Waste Management services to City/Schools agencies -$816K - Establish reserve account -$400K • 135,000 tons to SPSA • Reduction of 4.5 FTEs (18.5 in Last 5 years) • Equipment replacement on a 14 year cycle • AVL on all vehicles • Expansion of recycling at Resort and Sandbridge • Variable pricing alternatives • Ash and Residue Agreement still in effect for FY15 7 Ash and Residue Agreement Primary Contract Components • Ash from SPSA at the VB landfill • Operational Cost of landfill paid by SPSA • Rate Cap • Ends December 31, 2015 Cost Per Net 5PSA Disposal VB Cost of Landfill Total Cost of Amount Ton Cost •• Operation Disposal Unfunded FY 13 $ 65.35 $ 8,834,250 $ - $ 8,834,250 $ FY 14 $ 65.35 $ 8,834,250 $ - 5 8,834,250 $ FY15 5 65.35 $ 8,837,250 $ - $ 8,837,250 $ - FY 16 July 1 -Dec 31, 2015 - $ 65.35 $ 12,863,625 $ 1,273,901 $ 14,137.526 $ 5,300,276 Jan 1 - June 30, 2016) 5 125.00 FY 17 5 125.00 5 16.890,000 5 2,547.802 $ 19 437,802 5 10,600,552 FY 18' �July1-Jan 24, 2038- 5 125.00 $ $2,840,000 5 2,547,802 5 15,387,802 $ 6,550,552 Ian 25 . June 30, 2018 5 65.00 t per 'Ion Assume l s,0000shew 8 Total Amount Unfunded -$22,451,380 April 8, 2014 -20 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655(Continued) The Department has a number of Trends and Highlights including the Ditch Maintenance program. This Program currently has 116 ditches that are covered by 26 environmental permits. To date, a total of 41 miles of off road ditches are permitted. Stormwater Utility Fund -Trends & Highlights • VSMP Implementation • Concrete repair capability added to Stormwater Cave-in Crew - reduced work order construction to one week • Updated assigned areas for stormwater investigations to level out workload - accelerated response time to one week • Ditch maintenance program permitting & design efficiencies - Design costs 65%, Permit costs 90%, Permit processing time 50% (saved $180K) • Funds Stormwater Flood Control, Water Quality Compliance, and Operations & Maintenance activities • Increasing need to address recurrent flooding • Increasing Stormwater Quality Compliance requirements • Increasing Operations & Maintenance requirements The funding for vehicle replacement in FY2015 proposed Budget is $5.1 -MILLION. This does not include funding for Waste Management vehicles as that funding is included in the Enterprise Fund: 530.00 530.00 - 50500 551000 510.00 -- 510.00 55.00 Fleet Asset Replacement Projected Backlog at$5.1 mil w/o Refuse Trucks 8813 f8la r1'15 F816 81'37 f1'l8 81'19 8820 8821 full 1823 Fe 1a 8825 FY26 882) --Projected Budge] Projected e,niog April 8, 2014 -21 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655(Continued) Below are the Department's future Significant issues: Significant Future Issues • Recurrent Flooding • Future costs for Chesapeake Bay TMDL, local impaired waters TMDL's and other stormwater regulatory requirements • Expiration of Ash and Residue Agreement • Funding for sand replenishment of beaches • Continued funding for infrastructure maintenance and vehicle replacements Mayor Sessoms thanked Mr. Davenport for this portion of the Department's proposed Budget presentation and apologized for the lateness of the hour asking if the CIP Divisions would reschedule to the April 15th Workshop. April 8, 2014 -22 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655(Continued) STORMWATER CIP Mayor Sessorns introduced and welcomed Phil Roehers. Mr. Roehers provided a brief overview of the Stormwater CIP: Public W. orks 5-2020 Storm Water City Council Briefing Approximately 70% of the Stormwater CIP is dedicated to operations and maintenance. It is important to note that $40 -MILLION of the $44.6 -MILLION Budgeted is dedicated to the Eastern Shore Drive project. Storm Water CIP Section FY 2015-20 Funding $94,794,718 Operations & Flood Control Maintenance $7.7 M $66.1 M 8% 70% Water Quality $21.0 M 22% April 8, 2014 -23- CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) QUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655 (Continued) STORMWATER CIP Below is a review of the program: Storm Water CIP Section Program Review 2 180,000 22500 0 450000 450.000 0 050000 16.0.000 0 875.000 0 225,00 1500 500.0 16 130.3. 1 600.000 000000 200.00 200000 200 0 4 353.28 5.801.318 300500 3.06 300.068 309.06 7013.0 01•01500050 irnprav 000.1 1.71B OBS 50.000 200.000 531.000 173.00 177000 177.000 17700 5300000 770,000 770.00 770.000 1,0 00 770.00 50.000 SO 00 50.00 7016000 340. 561.1.15 wataten«, 12,8 000 12.538.000 300000 1,50000 600.000 200.000 .060 150000 870000 13/0000 100.00 100000 3 300.000 200 00 309 0. 300 080 177.000 177.000 770000 770.000 .000 50.000 200 000 200 0 200 000 1 50 000 150 000 150 000 1 00 000 1. 000 100 000 The Stormwater Management CIP has three core programs: Storm Water CIP Section SWM Core Programs Flood Control - Reduce Neighborhood Flooding - Reduce Sea Level Rise Impacts - Improve the Capacity of the Existing Systems • Water Quality - Develop Program to comply with Chesapeake Bay TMDL - Implement New requirements of MS4 Permit and Virginia Stormwater Management Act • O&M - Address Aging Storm Drain Systems - Preservation of Existing Capacity - Meeting Ongoing Environmental Requirements April 8, 2014 -24 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) QUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655(Continued) STORMWATER CIP Below is a review of the Flood Control CIP: Storm Water CIP Section Program Review - Flood Control Appro. FY 201 C: FT 201L.-20 Otai To Ante ltodnet Oud9at 9997 Gannet Improvement Program 7400000 Aragon Drainage 111pr010110018 2,160.000 1.510,000 225.000 650.000 7036000 Baker Road Culvert & Ditch Irrproverrenta 450.000 450.000 0 7049000 Beech Garden Perk- Kibourne CI & Holly Rd Irlprovermnts 900.000 900,000 00 7037000 Bellamy Manor Dugan Ditch 450.000 450,000 0 0 7402000 College Park/Level Green Drainage Improvements 875.000 0 225.000 875,000 7151000 08810,, Shore Drive Drainage - Phase I 16,130,356 13.139.356 3.000.000 3.000.000 7035000 Law son Forest Drainage 1.060,000 1.080.000 0 0 7413000 Neighborhood SW Infrastructure Improvements II 1,749,995 1,441,529 50.000 308.066 7005000 North Lake Holly Watershed 17.071.135 16.771.135 0 300.000 7016000 South Lake Holly Watershed 12,738.000 12 538,000 0 200.000 7024000 Southern Canal/Lean [NMI and Culvert improvements 1.450.000 1,450.000 0 O 7038000 T orough9ood Drainage 870.000 870,000 0 0 7028000 Windsor Woods 3,6,189,1 3.300,000 1,000.000 500.000 2.300.000 GovNI as V5 Report 1o181 50,233,486 51,600,420 4,000,000 7,633,066 Below is a review of the Water Quality CIP: Project Storm Water CIP Section Program Review - Water Quality CIP Appro. FY 2015 FY 2015-20 Total To Date Budget Budget 9997 Capital Improvement Program 7406000 Elizabeth River TMDL Implementation Ran 1,800,000 600,000 200,000 1.200,000 7153000 Lynnhaven Watershed Restoration 5,894,718 4,044,878 304,500 1.849,840 7410000 Southern River TMIDL Implementation Ran 1,800,000 600,000 200,000 1,200 000 7414000 Storm Water Quality Enhancements II 19,029,704 3,775,906 2,490,328 15,253,798 7027000 SWM Master Planning. Analysis, and Inventory 2,820,906 1,920,906 150.000 900,000 7159000 Water Quality Participation Projects 1,786,499 1,186,499 100,000 600,000 GovMax V5 Report Total 33,131,827 12,128,189 3,444,828 21,003,638 6 April 8, 2014 -25 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655(Continued) STORMWATER CIP Below is a review of the Operations and Maintenance CIP: Project Storm Water CIP Section Program Review - O&M CIP Appro. FY 2015 FY 2015.20 Total To Date Budget Budget 9997 Capital improvement Program 7415000 Lake Management 11 33,864,240 7.744,560 4.353,280 26,119,680 7411000 Oceanfront Storm Water Facilities Maintenance 1,593,000 531,000 177,000 1,062.000 7023000 Primary System Infrastructure Improvements 11 5,390,000 770,000 770,000 4,620,000 7026000 Residential Drainage Cost Participation Program 11 350,000 50,000 50,000 300,000 7200000 Severe Repetitive Loss Grant Program 1.721,265 1,721,265 0 0 7412000 Storm Water Pump Station Modifications 3,679,389 1,172,287 494,602 2,707,102 7416000 SW Infrastructure Rehabilitation B Improvements 0 41,427,226 10,077,994 5,224,872 31,349.232 GovMaz V5 Report Total 88,225,120 22,067,106 11,069,754 66,158,014 Sea Level Rise and Coastal Storms continue to be a major concern with increased flooding in many areas: Storm Water CIP Section Major Issue: Sea Level Rise & Recurrent Flooding Sea Level + Coastal = Increased Flooding Rise Storms in Many Arens April 8, 2014 -26 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) QUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655(Continued) STORMWATER CIP Recent studies show that the City should anticipate a Sea Level Rise of at least 1.5 feet over the next 20 to 50 years: Storm Water CIP Section Major Issue: Sea Level Rise & Recurrent Flooding Virginia Institute of Marine Science (VIMS) - Recurrent Flooding Study for Tidewater Virginia, dated January 2013, recommends anticipating a sea level rise in Virginia of at least 1.5 feet over the next 20 to 50 years. s Major Stormwater cost drivers are identified below: Storm Water CIP Section SWM Cost Drivers • Flood Control ,.- - Traditional Drainage — Sea Level Rise — A Growing Need • Water Quality — Many Requirements — Cost Not Definitive as Yet • O&M 1' — More FC & More WQ Measures = More O&M Needs April8, 2014 -27 - CITY COUNCIL'S BRIEFING FY2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655(Continued) STORMWATER CIP The Department had a successfid year. Below is a number of recent accomplishments: Storm Water CIP Section Recent Accomplishments South Lake Holly Section III — Multiple Outcome Project with PU, P & R, & PW, Project Cost: $3.0M Rain Gauge Installation — Installed 14 Rain Gauges throughout the City, Project Cost: $200K Shore Drive Tide Valves — Installed 5 Tide valves along the tidally adjacent area of Shore Drive, Project Cost: $250K • Chesapeake Bay TMDL Water Quality Retrofit Projects • Ongoing Compliance with Local TMDL Implementation Plans • Stormwater Pump Station (SWPS) Maintenance — SCADA development, Cape Story upgrades, ocean outfall inspection Neighborhood Infrastructure Stormwater Pipe - cleaned and inspected over 60 miles of stormwater pipe Lake Dredging — Restore WQ Capacity within the BMPs, Kingston Lake— 4,000 CY, Green Run Lake 1— 26,000 CY 11 Below is a review of the Flood Control CIP: Storm Water CIP Section Program Review — Flood Control • 7-400 Aragona Drainage Improvements • 7-036 Baker Road Culvert & Ditch Improvements • 7-049 Beach Garden Park — Kilborne Ct. & Holly Rd. Improvements • 7-037 Bellamy Manor Outfall Ditch • 7-402 College Park/Level Green Drainage Improvements • 7-151 Eastern Shore Drive Drainage • 7-035 Lawson Forest Drainage • 7-413 Neighborhood SW Infrastructure Improvements II • 7-005 North Lake Holly Watershed • 7-024 Southern Canal/Lead Ditch and Culvert Improvements • 7-016 South Lake Holly Watershed • 7-038 Thoroughgood Drainage • 7-028 Windsor Woods Drainage 13 April 8, 2014 -28 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) QUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655(Continued) STORMWATER CIP Storm Water CIP Section Flood Control 7-400 Aragona Drainage Improvements — Storm drain improvements to address severe roadway and property flooding throughout Aragona Village — Completion in June 2019 $2.16 M 14 Storm Water CIP Section Flood Control 7-049 Beach Garden Park — Replace existing failing SD Pipes — Raise elevation of access road to Beach Garden Park to minimize tidal flooding — Construction to begin May 2014 $900 K 16 April 8, 2014 -29 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) QUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655 (Continued) STORMWATER CIP Storm Water C6P Section Flood Control 7-037 Bellamy Manor Outfall Ditch — Drainage improvements to the existing outfall drainage channel within Bellamy Manor — Under design — Completion in June 2015 17 $450 K Storm Water CIP Section Flood Control 7-402 College Park/Level Green Drainage Improvements • Drainage improvements of neighborhood storm drain system • Design begins FY 2015 • Completion in June 2019 $875 K 18 April 8, 2014 -30 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) O UALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655(Continued) STORMWATER CIP Five (5) Backflow prevention devices have been installed in the tidal adjacent area of Lynnhaven Colony to reduce the frequency of tidal flooding. Three (3) tide gates will be installed along the Cape Henry Ditch in late Fall 2014 to provide interim protection from low to moderate tide surge events: E. Shore Drive Area CIP (CIP 7-151) A Particularly Vulnerable Area Interim Improvements - Reduces Flood Frequency ($1.5 Mil) — 5 Check Valves (Completed January 2014) — 3 Sluice Gates (Under Design, Construct late 2014)) Comprehensive Evaluation • Evaluate levels of flood protection • Evaluate future expandability ft., oon"' • Provide drainage improvements for neighborhoods and Shore Drive $16.1 M 19 Storm Water CIP Section Flood Control 7-035 Lawson Forest Drainage — Neighborhood drainage improvements — Existing storm drain systems cleaned and under evaluation — Reevaluate design after review of inspection report — Completion in Dec. 2015 $1.08 M April 8, 2014 -31 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) QUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655(Continued) STORMWATER CIP The North Lake Holly Watershed Improvements project, Section IV and Section I -C are slated to begin construction in Spring 2015. The work includes ditch piping and collection system improvements, along with the multiple outcomes of street renovations and upgrades to sewer and water service: Corm a er P Section ti- Flood Control 7-005 North Lake Holly Watershed Legend Completed ® Section I -A $ 1.43 M •�� Section 1-B $ 2.47 M Under Construction Section I1 55.29 M Const 1012012-7212014 Under Design Section IV 92.08 M Const. 3/2015-3!2016 Section I -C 52.01 M Const. 312 01 5-312 017 Section 111 $ 3.79 M Const 10/2015-82018 $17.1 M Completion in June 2018 22 N 0 Storm Water CIP Section Flood Control 7-024 Southern Canal/Lead Ditch and Culvert Improvements — Canal / lead ditch and culvert improvements within southern watersheds — Completion in December �•;` 2015 ti Before • $i.45MI After April8, 2014 -32 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) O UALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655(Continued) STORMWATER CIP The first section of the South Lake Holly Watershed Improvements project was completed in September 2013. Sections II and I have been combined and are currently being advertised for construction which is anticipated to begin May 2014 and last two (2) years. Storm Water CIS Section Flood Control 7-016 South Lake Holly Watershed Legend Completed Section III 02.3 M Const. 9/2013 Being Advertised Section II 03.91 M Const. 5/2014-5/2016 Section 1 00.60 M Const. 5/2014-5/2016 Under Design Section lV 05.9311 Const. 5/2016 -11/2018 $12.7 M Completion in November 2018 24 Storm Water CIP Section Flood Control 7-038 Thoroughgood Drainage — Drainage improvements of neighborhood storm drain system — Under design — Completion in December 2015 $ 870 K 25 April 8, 2014 -33 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655(Continued) STORMWATER CIP Storm Water CIP Section Flood Control 7-028 Windsor Woods Drainage $ 3.3 M — Drainage improvements to alleviate wide spread repetitive storm water flooding impacting major roads, as well as schools and a fire station. — Under preliminary design — Preliminary design completion fall 2014 — Estimated Total Cost $18 M 26 Below is a review of the Water Quality CIP: Storm Water CIP Section Program Review - Water Quality • 7-406 Elizabeth River TMDL Implementation Plan • 7-153 Lynnhaven Watershed Restoration (Council Priority) • 7-410 Southern River TMDL Implementation Plan • 7-414 Storm Water Quality Enhancements II 7-027 SWM Master Planning, Analysis, and Inventory 7-159 Water Quality Participation Projects (ACOE, State) 27 April 8, 2014 I -34 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655 (Continued) STORMWATER CIP Storm Water CIP Section Water Quality 7-406 Elizabeth River TMDL Implementation Plan — Elizabeth River impaired by bacteria, PCBs, nutrients, sediment — Meeting water quality needs required by new VPDES permit and TMDLs — Develop Implementation Plan — Public participation, education and information $200 K annually RiATt 28 Storm Water CIP Section Water Quality $ 300 K annually 7-153 Lynnhaven Watershed Restoration (Council Priority) — Impaired by bacteria, nutrients, and sediment — Focused watershed quality studies in Lynnhaven Basin — Lynnhaven specific retrofits such as Mill Dam Creek and Thalia Creek efforts — Public education 29 April 8, 2014 -35 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) QUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655 (Continued) STORMWATER CIP Storm Water CEP Section Water Quality 7-410 Southern River TMDL Implementation Plan — Meeting implementation required by new VPDES permit and TMDL — Public participation, education and information — Watershed analysis, study, design and construction of retrofits $200 K annually 30 Storm Water CIP Section Water Quality 7-414 Storm Water Quality Enhancements II — Funds Stormwater Quality Retrofit Construction and Other Mandatory requirements of our VPDES Permit — Funds TMDL Implementation Plans and stormwater quality efforts in areas outside of the Lynnhaven watershed. — Also supplements Water Quality efforts that exceed available funding in specific CI P's $ 2.5 M annually Public Information 31 April 8, 2014 -36 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655 (Continued) STORMWATER CIP Storm Water CIP Section Water Quality 7-027 SWM Master Planning, Analysis, and Inventory — Master Plan — Maintenance of Management Master Plan — Meet State storm water permit inventory requirements — Perform preliminary drainage analysis for future capital drainage projects $150 K annually 32 Storm Water CIP Section Water Quality $100 K annually Picture from phragmites harvesting report 7-159 Water Quality Participation Projects (USACE, VA) — Provides matching funds for State and Federal stormwater quality grants & programs on a 50/50 basis 33 April 8, 2014 -37 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655(Continued) STORMWATER CIP Below is a review of the Operations and Maintenance CIP: Storm Water CEP Section Program Review — Operations & Maintenance • 7-415 Lake Management 11 • 7-411 Oceanfront Storm Water Facilities Maintenance 1 • 7-023 Primary System Infrastructure Improvements • 7-026 Residential Drainage Cost Participation Program • 7-200 Severe Repetitive Loss Grant Program • 7-416 SW Infrastructure Rehabilitation & Improvements II • 7-412 Storm Water Pump Station Modifications II 34 7-415 Lake Management H Program Components: Lake dredging to restore storm water BMP functionality • Kingston — Removed 4,000 cy • Green Run 1 — Removed 26,000 cy • Cinnamon Ridge— Bids due May 5, 2014 • ASC dredge contractor— Bids due May 12, 2014 • Dam/spillway rehabilitation • Kingston Dam — Bids due April 28, 2014 • Outfall systems maintenance and stabilization • Lake Murray — Construction scheduled April 2014 =�1 $4.35 M annually Kingston Lake Green Run Lake 35 April 8, 2014 -38 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655(Continued) STORMWA TER CIP 7-411 Oceanfront Storm Water Facilities Maintenance I Project to perform sustainment of the Beach Erosion Control and Hurricane Protection Project. Associated infrastructure includes: • Ocean outfalls underwater inspections and repairs • Storm water pump stations (16th, 42n1, 61st, & 7916) • Seawall/Boardwalk (Rehabilitation of the storm water pipe system and the concrete structure and joints) Program Components: • Clean & inspect wet wells, including remove pumps & perform 5 year overhaul and inspections • Clean and rehabilitate main trunk line • Inspect submerged oceanfront outfalls by divers required by ACOE agreement • Rehabilitate seawall cap joints $0.177 M annually 36 As of March 2014, 116 ditches were permitted (41.8 miles) with 4.7 miles of ditch work sediment removal. The Project goals are to improve the overall health and water quality of the ditch and the aesthetics of the area that border the ditch; clear out the overgrowth, which will permit the second phase of the project to be undertaken — sediment removal along the waterway that will improve the capacity and functionality of the ditch; and, improve the functionality of the ditch. This will reduce the number of flood and service calls: 7-023 Primary System Infrastructure Improvements Storm Water Ditch Maintenance Cleaning: • Goal is an 8 to 10 year cleaning cycle • Typically involves heavy tree removal, sediment removal, and permitting Bridlepath Off Road Ditch • Construction began in November 2013 • Approximately 1300 feet in length • Construction completed in January 2014 $0.77 M annually FY14 Ditch Maintenance Plan: Involves heavy tree removal, sediment removal, and permitting for 62 ditch projects (19 miles) After April 8, 2014 -39 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655(Continued) STORMWATER CIP 7-626 Residential drainage Cost Participation Program Program Components: Cost participation between City and residents • Enclosure of existing ditches within pre -1970 neighborhoods • Safety and/or maintenance conditions developed due to minimum drainage standards utilized during original development $50 K annually 38 7-416 SW Infrastructure Rehabilitation & Improvements 11 Neighborhoods under construction • Aragona • Green Run • Glenwood Rehabilitation Process: $5.2 M annually • Review maintenance records in work management system • GPS locate & identify structures and pipes • Clean & perform closed circuit television inspection (CCTV) • Review inspection and develop repair plan • Perform repairs P001070-9 - TO Nannen-10700 PoPIGi.4-9,-n JOINT 9k $010 V0RG' 39 April 8, 2014 -40 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655(Continued) STORMWATER CIP 7-412 Storm Water Pump Station Modifications 1 Project to perform rehabilitation and major maintenance modifications to the City's storm water pump stations. 10 Year Rehabilitation • Condition assessments • Structural inspection • Recommendations • Repairs • Major rehabilitation Execution Plan: • Utilize existing annual services contract • Current rehabilitation needs: • Ventilation systems • Hatch & access ways • Pump maintenance • Check valve maintenance & replacements $0.443 M annually 40 Below is a review of the Operations and Maintenance CIP: Coastal CIP Section Program Overview Nns 1' MU 1,4 20-17 Fr1 2111P 74114 4, 2020 P44,441 Tem. io 0,11. 0,10,1 0.10a1 buSly•l 9997 Capital Improvement Propel/01 5005000 42Reelebm,.. Various6011000 r Med°. Popects V 2.275.000 260.000 275.000 .000 326.000 360.000 375,000 400,000801.0 e n1.4n0 Inlet erarc•Peden°I 126.000 275.000 276.00 w.375.000 8015000 Beech Profile 1.4....ormg Program/ 1..000 0 00.000 60.000 75 000 ell0000.aero ler haven Roe, n9 3911. 1.336.125. 8402000 nt Inisl 8405000 a e 3 404015gr4Porrems 2 .000 8406000 Ructee INC Fe4erale $YOOA 660 000 3500004425 000 450.000 6407000 a : arc•PeEOry 11 4 625.009 460.000 600.000 650.000676.. 700 200 2. leve etgalon220003 1201303 100. 8500000 OR Donaton Creek Area Draegn9 940.003 493.799 0.201 0 0 0 80000 362.000 8.1000 Bayv. Oeek Neq barva2Pa201ry 166 WO 64 704 50.296 0 0 0 0 30 000 Report Lola! 61,116.851 25041.600 11.115.047 8061.012 1.000000 11,136.000 2,268,000 2.701. 7 April 8, 2014 -41 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655(Continued) COASTAL CIP Below are the Core programs for the Coastal CIP Coastal CIP Section Core Programs Beach Replenishment • Provides storm protection • Supports tourism industry • Provides recreational opportunities Navigational Dredging • Keeps our inlets and main channels navigable • Supports waterfront/marine industry • Provides recreational opportunities • Underpins waterfront property value Neighborhood Dredging SSD • Restores navigation • Revitalizes neighborhoods • Those that receive services pay 3 Beach replenishment was completed on both City beaches: Coastal CIP Section Core Programs — Beach Replenishment 8-008 Beach Replenishment 8-010 Sandbridge Beach Restoration 11 8-405 Sandbridge Beach Access Improvement II 8-409 Chesapeake Beach Restoration 8-015 Beach Profile Monitoring Program II April 8, 2014 -42 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655 (Continued) COASTAL CIP Coastal CIP Section Core Programs — Navigational Dredging 8-406 Rudee Inlet Federal Dredging II 8-407 Rudee Inlet Outer Channel Maintenance Dredging II 8-402 Replacement of Rudee Inlet Dredge 8-013 Lynnhaven Inlet Maintenance Dredging II 8-011 Various Minor Dredging Projects II 8-110 Eastern Branch Lynnhaven River Maintenance Dredging 8-005 Western Branch Lynnhaven River Maintenance Dredging 5 Neighborhood Special Service District (SSD) Program has been very successful with the City Council adopting an 'Ordinance of the 6`r' project and 4 have been authorized to move forward to petition phase: Coastal CIP Section Core Programs — Neighborhood Dredging SSD 8-500 Old Donation Dreek 8-501 Bayville Creek 8-502 Shadowlawn 8-503 Chesopeian Colony 8-504 Harbour Point 8-408 Pleasure House Point Mitigation 1'; Nrighborhood SSD Program Status (3)=6/ao�4) • 5 April 8, 2014 -43 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655(Continued) COASTAL CIP Below is the 2013 Accomplishments for the Coastal CIP: Coastal CIP Section 2013 Accomplishments • Resort Beach Replenishment — 1.44M CY of sand placed, Project Cost: $14M (City Cost: $4.2 M) • Sandbridge Beach Replenishment — 2.18M CY of sand placed, Project Cost: $15.35 M (Paid by City) • Rudee Inlet Outer Channel Maintenance Dredging — 108K CY of material removed and placed on Resort Beach, Project Cost: $3.3 M • Lynnhaven Inlet Maintenance Dredging 0 & Ocean Park Beach Replenishment — 100K CY of sand removed and placed on Ocean Park, Project Cost: $2.0M (City Cost: $40K) • Thalia Transfer Station — Initial Phase of Western Branch Lynnhaven River Maintenance Dredging, Project Cost: $1.2 M • Crab Creek Maintenance Dredging — 12K CY of material removed, Project Cost: $150K 7 Coastal CIP Section 8-008 Beach Replenishment • Resort Beach from Rudee Inlet to 89th Street • Three-year (estimated) cyclic beach replenishment and maintenance Funded through partnership with the US Army Corps of Engineers • Last replenished in August 2013 • 1.44 million CY $0 9 April 8, 2014 -44 -- CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655(Continued) COASTAL CIP Coastal CIP Section 8-010 Sandbridge Beach Restoration 11 • Long-term federal beach restoration and maintenance project • Local funding provided by the Sandbridge Special Service District (SSD) and Tax Increment Financing District funds (TIF) • Three-year (estimated) cyclic beach replenishment and maintenance • Last replenished in June 2013 • 2.18 million CY $30 M 10 Coastal CIP Section 8-405 Sandbridge Beach Access Improvements 11 • Beach Access improvements to provide safe access to the beach • Project funded by Special Services District • 2 to 3 access ways slated for improvement each year • 4 access ways currently under construction • 60 access ways total identified for improvement„ $1.8 M April 8, 2014 -45 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655(Continued) COASTAL CIP Coastal CIP Section 8-409 Chesapeake Beach Restoration • Major beach restoration project proposed with periodic maintenance • VIMS sand search completed • Significant real estate issues still exist 12 Coastal CIP Section 8-015 Beach Profile Monitoring Program II • Periodic beach profile surveys of portions of the City's coastline from the NC border to Little Creek Inlet • Surveys provide data used to monitor our beaches for sand replenishment projects and programs $195 K 13 April 8, 2014 -46 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655(Continued) COASTAL CIP Rudee Inlet requires nearly constant attention as sand moves along the Oceanfront are constantly trying to shoal the Inlet. The City owns and operates its own dredge. This project supports a cost -shared program with the Corps of Engineers to provide periodic assistance with inlet dredging with Corps - owned dredges. The annual expenditures toward this effort average $400, 000: Coastal CIP Section 8-406 Rudee Inlet Federal Dredging II • Periodic maintenance dredging of Rudee Inlet and connecting waterways • Cost participate with U.S. Army Corps of Engineers • Maintenance dredge approximately 4 times per year • Latest dredging completed June 2013 14 $2.4 M Coastal CIP Section 8-407 Rudee Inlet Outer Channel Maintenance Dredging II Maintenance dredging of deposition basin in the outer portion of Rudee Inlet • Two year maintenance cycle • Latest dredge completed December 2013 $4.075 M 15 April 8, 2014 -47 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655(Continued) COASTAL CIP Coastal CIP Section 8-402 Replacement of Rudee Inlet Dredge • Rudee II built in 1987 and put into operation in 1988 • Dredge fully re -serviced and re -painted on 4 occasions • Rudee Inlet inner channel and sand trap dredged daily • Funding programmed to purchase a replacement dredge in FY18 $5.0 M 16 Coastal CIP Section 8-013 Lynnhaven Inlet Maintenance Dredging 11 • Periodic maintenance dredging of Lynnhaven Inlet and connecting waterways • Cost participation with U.S. Army Corp of Engineers • Three year maintenance cycle • Last dredging completed December 2013 • Minor dredging completed Sept. 2012 $1.9 M -n April 8, 2014 -48 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655(Continued) COASTAL CIP Coastal CIP Section 8-011 Various Minor Dredging Projects n Dredging of navigational channels in various internal waterways located throughout the City • Crab Creek dredging completed in February 2014 • Long Creek proper currently being dredged $2.025 M 18 Coastal CIP Section 8-110 Eastern Branch Lynnhaven River Dredging • Dredging of Eastern Branch Lynnhaven River main channel • Project includes mechanical dredging and truck hauling to Whitehurst DMMA (located off of Oceana Blvd.) Last dredged in 1991 $5.15 M 19 April 8, 2014 -49 - CITY COUNCIL'S BRIEFING FY2014-15 RESOURCE MANAMENTPLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655(Continued) COASTAL CIP Coastal CIP Section 8-005 Western Branch Lynnhaven River Maintenance Dredging Dredging of Western Branch Lynnhaven River main channel Project includes: Mechanical dredging and truck hauling to Whitehurst Pit Dredged Material Management Area (located off Oceana Blvd.) 84,700 cubic yards to be dredged Canoe/kayak launch and crew facility $0 - Fully Funded 20 Coastal CIP Section 8-500 Did Donation Creek Neighborhood Dredging SSD • Dredging of neighborhood and City navigational spur channels • Project funded by Special Services District and City • 62 properties involved and approximately 26,000 CY of dredging initially • This project will be combined with WBLR for the construction phase $446 K 21 April8, 2014 -50 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) QUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655(Continued) COASTAL CIP Coastal CIP Section 8-501 Bayviile Creek Neighborhood Dredging SSD • Dredging of neighborhood and City navigational spur channels • Project funded by Special Services District and City • 12 properties involved and approximately 11,500 CY of dredging initially $116 K 22 Coastal CIP Section 8-502 Shadowlawn Area Neighborhood Dredging SSD • Dredging of neighborhood and City navigational spur channels • Project funded by Special Services District and City 31 properties involved and approximately 5,400 CY of dredging initially $80 K 23 April 8, 2014 -51 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655(Continued) COASTAL CIP Coastal CIP Section 8-503 Chesopeian Colony Neighborhood Dredging SSD • Dredging of neighborhood and City navigational spur channels • Project funded by Special Services District, individual property owners and City • 131 properties involved and approximately 30,400 CY of dredging initially $938 K 24 Coastal CIP Section 8-504 Harbour Point Neighborhood Dredging SSD $90 K Dredging of neighborhood and City navigational spur channels • Project funded by Special Services District, individual property owners and City • 46 properties involved and approximately 3,800 CY of dredging initially 25 April 8, 2014 -52 - CITY COUNCIL'S BRIEFING FY 2014-15 RESOURCE MANAMENT PLAN (BUDGET) OUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM #63655(Coutinued) COASTAL CIP Coastal CIP Section 8-408 Pleasure House Point Mitigation Development of a wetlands mitigation facility on City owned property Study in progress to evaluate potential merits and the process for establishing the facility Potentially used for Neighborhood Dredging SSD projects $100 K 26 April 8, 2014 -53- CITY COUNCIL LIAISON REPORTS 5:00 P.M. ITEM #63656 Council Lady Ross-Hammond advised the Department of Human Services is making great strides in reaching the Goals set by the State, City Council and the Department itself. April 8, 2014 -54 - CITY COUNCIL COMMENTS 5:00 P.M. ITEM #63657 Council Lady Kane advised she and Councilman Dyer will be hosting a Town Hall Meeting on April 10`x' at the Joint -Use Library beginning at 6:30 P.M. April 8, 2014 -55 - AGENDA REVIEW SESSION 5:01P.M. ITEM #63658 BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to DESIGNATE local real and personal property Tax Exemptions: 2. a. KIM'S MICROBOARD, INC. b. FAMILY CHRISTIAN RESOURCE CENTERS, INC. Ordinance to ACCEPT and APPROPRIATE Grant funds re Pre -Hospital Patient Care Reporting 3. Resolution to AUTHORIZE a freestanding mobile home at 4231 Charity Neck Road DISTRICT 7 — PRINCESS ANNE 4. Ordinance to AUTHORIZE construction and acceptance of the Dedication of a Performance Stage at 34`x` Street 5. Ordinance GRANTING a Franchise to Strategic Art Solutions, LLC re the decoration of Lifeguard Stands and Storage Boxes in the Resort Area 6. Ordinance to ACCEPT the 2014 Housing Choice Voucher Annual Agency Plan, a Revised Administrative Plan and AUTHORIZE the City Manager to EXECUTE and SUBMIT the Plan to the U.S. Department of Housing and Urban Development (HUD) 7. Ordinance to AUTHORIZE temporary Encroachments into a portion of the City right- of-way and a Public Utility Easement at 5445 Connie Lane for Bribra Baker, Inc. DISTRICT 2- KEMPSVILLE 8. Ordinance to TRANSFER $250,000 within the FY 2013-14 Operating Budget to continue PPEA Light Rail Evaluations ITEM #1b WILL BE DEFERRED INDEFINATEL Y COUNCILMAN WOOD WILL ABSTAIN ON ITEM #7 April 8, 2014 -56- A GENDA REVIEW SESSION ITEM #63658(Continued) BY CONSENSUS, the, following shall compose the PLANNING BY CONSENT AGENDA: K PLANNING 1. Application of DON and CONCETTA BRYDGE for a Variance to the Subdivision Regulations, Section 4.4. (b) of the City Zoning Ordinance (CZO), re combining parcels at 3189 Indian River Road DISTRICT 7 — PRINCESS ANNE 2. Application of CROWN CASTLE USA, INC for the relocation of a Non -Conforming Structure re a Communication Tower at Meadow Ridge Lane (Deferred February 25 and March 11, 2014) DISTRICT 7 — PRINCESS ANNE 3. Application of MATTHEW ALVES for a Conditional Use Permit re Home Occupation (firearms and gunsmithing) at 2445 Brush Creek Lane DISTRICT 6 — BEACH 4. Application of PATRICIA ANNE VOGEL for a Conditional Use Permit re Family Child Daycare at 3712 Massanutten Court DISTRICT 1— CENTERVILLE 5. Applications of MILLER HOLDING II, LLC, DISTRICT 4 — BAYSIDE a. Conditional Change of Zoning, from B-2 Community Business to Conditional B-4 Mixed -Use b. Conditional Use Permit re Multi -Family dwellings at 4877 Shore Drive 6. Application of FIVE MILE STRETCH ASSOCIATES, LLC for a Conditional Change of Zoning, from AG -1 andAG-2 Agricultural to Conditional PD -H2 Planned Unit Development District re dwellings at 2800 - 2900 Princess Anne Road DISTRICT 7 — PRINCESS ANNE 7. Application of HIF, LLC, HIC, LLC; MACH ONE, LLC for a Conditional Change of Zoning, from B-2 Community Business to Conditional A-18 Apartment re apartment and townhouse units at the West side of Windsor Oaks Boulevard South of Holland Road DISTRICT 3 — ROSE HALL 8. Application of NORTHAMPTON EXECUTIVE CENTER, LLC for a Conditional Change of Zoning, from B-2 Community Business to Conditional B-2 Community Business and Conditional A-36 Apartment District re apartment units at 1300 Diamond Springs Road DISTRICT 4 — BAYSIDE ITEM #2 WILL. BE CONSIDERED SEPARATELY ITEM #5a/b WILL BE WITHDRA WAN ITEM #6 WILL BE DEFERRED TO JUNE 17, 2014 ITEM #7 WILL BE DEFERRED TO MAY 13, 2014 ITEM #8 WILL BE DEFERRED INDEFINATELY April 8, 2014 -57- ITEM#63659 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A) (1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(30) Arena Light Rail PUBLICLY -HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly -held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of City Property: Princess Anne District Princess Anne District April 8, 2014 -58 - ITEM# 63659(Continued) Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 5:03 P.M. Voting: 11-0 Council Members Voting Aye. Robert M. Dyer, Amelia N. Ross -Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Closed Session 5:03 P.M. 5:48 P.M.) April 8, 2014 -59 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL April 8, 2014 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, April 8, 2014, at 6:00 P.M. Council Members Present: Robert M. Dyer, Amelia N. Ross -Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend Rodney Puckett Pastor, Avalon Hills Baptist Church 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 Tov'neBank 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 April 8, 2014 -60 - 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. 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. April 8, 2014 Item - VI -E CERTIFICATION -61- ITEM #63660 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: Robert M. Dyer, Amelia N. Ross -Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None April 8, 2014 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 #63659 Page 58, 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 April 8, 2014 Item -VI -F.1 MINUTES -62- ITEM #63661 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of March 25, 2014. Voting: 11-0 Council Members Voting Aye: Robert M Dyer, Amelia N. Ross -Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None April 8, 2014 -63 - ADOPT AGENDA FOR FORMAL SESSION ITEM #63662 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION April 8, 2014 -64 - Item -VI-H.1 MAYOR'S PRESENTATION ITEM #63663 OCEAN LAKES HIGH SCHOOL Mayor Sessorns welcomed students from Ocean Lakes High School. Ms. Naomi Luking, President of Ocean Lakes Japanese Honor Society, introduced Vice -President, Noah Riley, Angelito San Luis from Green Run High School and Walter Castillo, President of the Japanese National Honors Society at Landstown High School. Ms. Luking presented Mayor Sessorns with `Thousand Origami Paper Crane, in Honor of our Sister City, Miyazaki City, Japan. According to the Japanese legend, if 1,000 paper cranes are folded, then the maker of the origami is granted one (1) wish by the crane. The crane is considered a Holy creature in Japan and is said to live for 1,000 years. Each origami crane represents a year of the crane's life. In Japan, the `thousand paper cranes can be given as a gift to wish happiness and prosperity to a newlywed couple or to wish a long life and good luck to a newborn baby. Mr. Riley expressed appreciation to everyone that participated in making the cranes. Students from various Virginia Beach Schools assisted with this project including, Bayside, Brandon, Larkspur and Plaza Middle Schools, along with Green Run, Landstown, Ocean Lakes and Tallwood High Schools. Ms. Luking presented the thousand paper cranes to Mayor Sessorns and requested it be delivered by Councilman Wood to Miyazaki City during the 90`1 Anniversary celebration. Mayor Sessorns expressed his appreciation to those involved with this project. April 8, 2014 -65 - Item - VI -L l a/b PUBLIC HEARING ITEM #63664 Mayor Sessoms DECLARED A PUBLIC HEARING: PROPOSED LOCAL PROPERTY TAX EXEMPTIONS a. Kim's Microboard, Inc. b. Fancily Christian Resource Center, Inc. There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. April 8, 2014 -66 - Item -VI -I.2 PUBLIC HEARING ITEM #63665 Mayor Sessoms DECLARED A PUBLIC HEARING: FRANCHISE OF CITY PROPERTY Lifeguard Stands and Storage Boxes in the Resort Area There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. April 8, 2014 Iters: —VI -K ORDINANCES/RESOLUTIONS -67- ITEM #63666 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE MOTION, BY CONSENT, Iters la, lb (DEFERRED INDEFINATELY), 2, 3, 4, 5, 6, 7 (COUNCILMAN WOOD ABSTAINING) and 8 of the CONSENT AGENDA, composed of Ordinances, Resolutions and the Planning Applications. Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross -Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and Janes L. Wood Council Members Voting Nay: None Council Members Absent: None April 8, 2014 Item-VI-J.1a ORDINANCES/RESOLUTIONS -68- ITEM #63667 Upon motion by Council Lady Wilson, seconded by Councilman Martin, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE local real and personal property Tax Exemptions: a. KIM'S MICROBOARD, INC. Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross -Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 8, 2014 1 AN ORDINANCE TO DESIGNATE KIM'S MICROBOARD, 2 INC., AS BEING EXEMPT FROM REAL AND PERSONAL 3 PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local real and personal property taxes to Kim's Microboard, 8 Inc., 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Kim's 14 Microboard, Inc., as a benevolent organization within the context of § 6(a)(6) of Article X of 15 the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 16 17 2. That real and personal property owned by Kim's Microboard, Inc. located within 18 the City of Virginia Beach that is used exclusively for benevolent purposes on a nonprofit 19 basis is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property by Kim's Microboard, Inc. for exclusively 24 benevolent purposes; 25 26 (b) that each July 1, Kim's Microboard, Inc. shall file with the Commissioner of 27 the Revenue a copy of its most recent federal income tax return, or if no such 28 return is required, it shall certify its continuing tax exempt status to the 29 Commissioner of the Revenue; 30 31 (c) that every three years, beginning on January 1, 2017, Kim's Microboard, Inc. 32 shall file an exemption application with the Commissioner of the Revenue as 33 a requirement for retention of the exempt status of the property; and 34 35 (d) that Kim's Microboard, Inc. cooperate fully with the Commissioner of the 36 Revenue with respect to audit of its financial records, compliance with the 37 terms of this ordinance. 38 39 4. That the effective date of this exemption shall be July 1, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th of April , 2014. day Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: / 4.4P Com(riissioner of the Revenue CA12928 R-1 March 14, 2014 2 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Kim's Microboard Inc T/A Kim's Microboard Inc 4404 Hudgins Drive Virginia Beach, VA 23455 Website: None SUMMARY OF NONPROFIT BUSINESS ACTIVITY Kim's Microboard Inc. is a corporation formed to establish a network of family and friends devoted to looking after the day-to-day and long term needs of Kim. Kim is a severely disabled person with uncontrollable seizures who needs around-the-clock care. The corporation owns the home where Kim and her caregiver reside. The corporation is a nonprofit organization that is clearly structured to take care of Kim's needs. The corporation's income is generated solely from state and federal programs as well as rent the caregiver pays. The corporation does not meet the local real estate tax exemption qualification that a permanently and totally disabled person would normally be entitled to because the corporation owns the home. Kim's Microboard Inc. is asking for exemption from real property taxation by designation as a benevolent organization per Virginia Code section 58.1-3651. TAX IMPACT Real Property Assessment: $202,800.00 Tax: $1,886.04 Business Property Assessment: None Tax: None Personal Property Assessment: None Tax: None RELEVANT INFORMATION For more information on Microboard, see http://www.virginianav gator.org/vn/microboard-overview/article-24178.aspx Item -VI -J.1 ORDINANCES/RESOLUTIONS -69- ITEM #63668 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINATELY, BY CONSENT, Ordinance to DESIGNATE local real and personal property Tax Exemptions': b. FAMILY CHRISTIAN RESOURCE CENTERS, INC. Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross -Hammond, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: 1ATr: r1 P April 8, 2014 Item -VI -J.2 ORDINANCES/RESOLUTIONS -70- ITEM #63669 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE Grant funds re Pre -Hospital Patient Care Reporting Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross -Hammond, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 8, 2014 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE PURCHASE OF COMPUTERS FOR PRE - 3 HOSPITAL PATIENT CARE REPORTING 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $57,845 is hereby accepted from the Virginia Department of Health, Office of 9 Emergency Medical Services, and appropriated, with estimated state revenues increased 10 accordingly, to the FY 2013-14 Operating Budget of the Department of Emergency Medical 11 Services for costs associated with the purchase of 27 Windows Surface Tablets and 17 12 Panasonic C2 Computers to be used for pre -hospital patient care reporting. 13 14 Requires an affirmative vote by a majority of all of the members of City Council. 8th Adopted by the Council of the City of Virginia Beach, Virginia on the day of April,2014 APPROVED AS TO CONTENT: Budget and Management Services i CA12930 R-1 March 20, 2014 APPROVED AS TO LEGAL SUFFICIENCY: Item -VI -J.3 ORDINANCES/RESOLUTIONS -71- ITEM #63670 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE a freestanding mobile home at 4231 Charity Neck Roczd DISTRICT 7 — PRINCESS ANNE Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross -Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 8, 2014 1 A RESOLUTION AUTHORIZING A 2 FREESTANDING MOBILE HOME ON 3 PROPERTY LOCATED AT 4231 CHARITY 4 NECK ROAD 5 6 7 WHEREAS, Herbert and Pearl Crichton (the "Applicants") are the owners of a 8 11.35 acre parcel of property located at 4231 Charity Neck Road (the "Property") in the 9 Agricultural Zoning District, Princess Anne District; and 10 11 WHEREAS, the Applicants desire to locate a freestanding mobile home on the 12 Property, pursuant to City Code Section 19-19, as required for freestanding mobile 13 homes in Agricultural Districts; and 14 15 WHEREAS, the said mobile home will be located on the same parcel as the 16 principal residence and will be located to the rear of the principal residence and 17 occupied by a member of the Applicants' immediate family; and 18 19 WHEREAS, the said mobile home is located more than four hundred feet (400') 20 from any other existing residence; and 21 22 WHEREAS, objections were received from adjoining property owners, and 23 therefore, the City Council must approve or disapprove the application; 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 28 That the City Council hereby approves the application to allow a freestanding 29 mobile home on the Property located at 4231 Charity Neck Road, subject to the 30 following conditions: 31 32 1. Health Department approval must be obtained prior to issuance of a building 33 permit for the mobile home. 34 35 2. The mobile home shall only be occupied by a member of the immediate 36 family in the principal dwelling and only one family can occupy the mobile 37 home. 38 39 3. The location and appearance of the mobile home shall substantially adhere to A !1 "I* Li the submitted site plan and picture on file in the Planning Department. 41 42 4. All Building Code requirements must be met. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the 45 8th day of April , 2014. APPROVED AS TO CONTENT: CA12920 R-2 March 13, 2014 2 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office Item -VI-J.4 ORDINANCES/RESOLUTIONS -72- ITEM #63671 Upon notion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE construction and acceptance of the Dedication of a Performance Stage at 34th Street Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross -Hammond, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 8, 2014 1 AN ORDINANCE AUTHORIZING THE 2 CONSTRUCTION AND ACCEPTANCE OF 3 DEDICATION OF A PERFORMANCE 4 STAGE ON CITY PROPERTY AT 34TH 5 STREET AT THE OCEANFRONT 6 7 WHEREAS, Professional Hospitality Management, Inc. ("PHM") has proposed to 8 construct a performance stage within the public right-of-way at the eastern end of 34th 9 Street adjacent to the boardwalk at the Oceanfront (the "Stage"); 10 11 WHEREAS, the proposed location and dimensions of the Stage are shown on 12 the location map attached hereto as Exhibit A, and made a part hereof; 13 14 WHEREAS, PHM proposes to dedicate the Stage to the City of Virginia Beach 15 (the "City") upon completion of construction, for use as a public performance stage; and 16 17 WHEREAS, City Council is of the opinion that the Stage would be a valuable 18 public amenity for the citizens and visitors to the City. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA, THAT: 22 23 1. Professional Hospitality Management, Inc. ("PHM") is hereby authorized to 24 construct the Stage within the public right-of-way, as shown on the location map, 25 attached hereto as Exhibit A, and made a part hereof, so long as such construction is 26 done in accordance with all applicable laws, codes and regulations, and PHM receives 27 all necessary permits and plan approvals. 28 29 2. After completion of the Stage, the City Manager is authorized to execute 30 any and all documents necessary to accept the dedication of the Stage from PHM, so 31 long as such documents are acceptable to the City Manager and in a form deemed 32 satisfactory by the City Attorney. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day 35 of April , 2014. APPROVED AS TO CONTENT: Strategic Growth Area Office CA12947 1\vbgov.com\DFS 1\Applications\CityLawProd\cycom32\W pdocs\D025\P017\00118198. DOC R-1 March 28, 2014 APPROVED AS TO LEGAL SUFFICIEN City Attorney EXHIBIT A — LOCATION MAP (Page 1 of 2 7 I: 11 :is ...I, . '' :: . • ...3 ri 0 ..5 .,t • 1 Z 7 .= , o%. •TiA l000`, .r 4 a -4, E:r 5.1 Item -VI -J.5 ORDINANCES/RESOLUTIONS -73- ITEM #63672 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance GRANTING a Franchise to Strategic Art Solutions, LLC re the decoration of Lifeguard Stands and Storage Boxes in the Resort Area Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross -Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and Janes L. Wood Council Members Voting Nay: None Council Members Absent: None April 8, 2014 1 AN ORDINANCE GRANTING A FRANCHISE TO 2 STRATEGIC ART SOLUTIONS, LLC, TO ALLOW THE 3 DECORATION OF LIFEGUARD STANDS AND STORAGE 4 BOXES IN THE RESORT AREA AND OTHER AREAS 5 6 WHEREAS, the Strategic Art Solutions, LLC, ("Strategic Art") has proposed 7 Project LifeguART (the "Project"), which is a pilot program to have artists decorate 8 lifeguard stands and storage boxes to make functional artwork; 9 10 WHEREAS, the City Council has provided a public hearing to receive the public's 11 input on the Project; 12 13 WHEREAS, the Project will include the Resort Beach and the possibility of the 14 North End, the 57th Street Beach, Croatan Beach, and Sandbridge Beach; 15 16 WHEREAS, the franchise for the Project would require Strategic Art to coordinate 17 designs with the City's Arts and Humanities Commission and all public safety related 18 matters with the Department of Emergency Medical Services; 19 20 WHEREAS, Strategic Art would need to further coordinate with the City's 21 lifeguard services vendor, Virginia Beach Lifesaving Service, Inc., and the City's beach 22 equipment rental permittee, Sunrise Beach Services, LLC; 23 24 WHEREAS, City staff consulted with the Resort Advisory Commission ("RAC"), 25 and the RAC endorsed the Project at its February 6, 2014, meeting; and 26 27 WHEREAS, the City staff recommend awarding a one-year pilot franchise, with 28 the option for an additional year, to Strategic Art Solutions. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 1. That the City Council hereby grants a franchise to Strategic Art Solutions, 34 LLC, to undertake a pilot program to make lifeguard stands and storage 35 boxes into functional artwork pursuant an agreement with the City. 36 37 2. That the City Manager, or designee, is hereby authorized to execute a 38 franchise agreement with Strategic Art Solutions, LLC, consistent with the 39 attached Summary of Terms, attached and incorporated hereto as Exhibit A. Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day of April , 2014. APPROVED AS TO CONTENT: Emergency Medic.,L•�`'ces APPROVED AS TO CONTENT: CA12921 R-1 March 18, 2014 APPROVED AS TO CONTENT: zm/1,4 ( � Cultural Affai s APPROVED AS TO LEGAL SUFFICIEE GY: Cityprey'`s Office Summary of Terms Pilot Franchise - LifeguART Franchisee: Strategic Art Solutions, LLC Nature of Franchise: Project LifeguART: the Franchisee seeks to commission artists to paint lifeguard stands and storage boxes to create functional public art. Service Area: Resort Area Beach. Permissive to include North End, 57th Street Beach, Croatan Beach, and Sandbridge Beach with the mutual agreement of the City and Franchisee. Term: One year, with one possible renewal year. Franchise Fee: One dollar. The. Franchise Fee does not include any payment required by Virginia Beach Lifesaving Services, Inc., or Sunshine Beach Services, LLC. Operational Criteria: The following are requirements of the Franchise: 1. Franchisee shall coordinate with Virginia Beach Department of Emergency Medical Services for all issues related to public safety. Expressly included herein are any public safety messages currently provided to beachgoers and the street name on the lifeguard stands. Any costs associated with fulfilling this requirement shall be the responsibility of the Franchisee. 2. The Arts and Humanities Commission, Public Art Committee, pre -approval is required for all paintings of lifeguard stands and storage boxes. 3. The permission provided by the franchise is subject to the Franchisee coordinating with Virginia Beach Lifesaving Services, Inc. and Sunshine Beach Services, LLC. 4. Any structural alteration of a lifeguard stands, including adding wheels, requires the preapproval of Virginia Beach Emergency Medical Services. 5. Preapproval from Zoning is required for any advertisements (sponsors or otherwise) that are incorporated into the design/art. 6. The sponsors must be consistent with the family nature of the Resort Area. To wit, sponsors shall not include groups or businesses that promote or sell alcohol, tobacco, gambling, sexually explicit or pornographic materials, violence, illegal drugs, or attacks on ethnic, racial or religious groups. The City Manager or designee shall resolve any dispute regarding the acceptability of any sponsor under this criterion. Hold Harmless: Franchisee indemnifies and holds harmless the City for loss and liability. Insurance: $1,000,000 combined single limits with City named as additional insured. Termination: City may terminate Agreement for reason of Franchisee's failure to comply with the terms of the Agreement. Item -VI -J.6 ORDINANCES/RESOLUTIONS -74- ITEM #63673 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT the 2014 Housing Choice Voucher Annual Agency Plan, a Revised Administrative Plan and AUTHORIZE the City Manager to EXECUTE and SUBMIT the Plan to the U.S. Department of Housing and Urban Development (HUD) Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross -Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 8, 2014 1 AN ORDINANCE TO ADOPT THE 2014 HOUSING CHOICE 2 VOUCHER ANNUAL AGENCY PLAN, TO ADOPT A 3 REVISED ADMINISTRATIVE PLAN, AND TO AUTHORIZE 4 THE CITY MANAGER TO EXECUTE AND SUBMIT THE 5 PLAN TO THE U.S. DEPARTMENT OF HOUSING AND 6 URBAN DEVELOPMENT 7 8 WHEREAS, the City's Department of Housing and Neighborhood Preservation 9 ("DHNP") operates the federally -funded Housing Choice Voucher program ("HCVP"), 10 formerly known as the Section 8 Program; and 11 12 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") 13 requires agencies that operate an HCVP to submit: (1) an Annual Plan for each fiscal 14 year in which such agency receives federal funding for its HCVP; and (2) a revised 15 Administrative Plan as applicable; and 16 17 WHEREAS, the purpose of the Annual Plan is to update HUD on the DHNP's 18 progress in achieving the goals stated in the five-year plan; and 19 20 WHEREAS, the purpose of the Administrative Plan is to describe in detail the 21 operational procedures of the HCVP; and 22 23 WHEREAS, as required by HUD, DHNP has prepared the Annual Agency Plan 24 and an Administrative Plan; and 25 26 WHEREAS, the DHNP is also required by HUD to include a certification in the 27 Annual Plans demonstrating DHNP's compliance with applicable laws, and HUD rules 28 and regulations, in order to continue to operate the HCVP; and 29 30 WHEREAS, executive summaries of the Annual Plan and the Administrative Plan 31 are attached hereto, and a copy of all plans are on file with the City Clerk. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 36 DHNP's Annual Pian and revised Administrative Plan for the Housing Choice 37 Voucher Program are hereby ratified and adopted, and the City Manager is hereby 38 authorized and directed to execute and submit the Annual Plan to the U.S. Department 39 of Housing and Urban Development. 8th Adopted by the Council of the City of Virginia Beach, Virginia on the day of April , 2014. APPROVED AS TO CONTENT: Departmentusing & Neighborhood reservation CA12927 R-1 March 14, 2014 APPROVED AS TO LEGAL Executive Summary 2014 Housing Choice Voucher Plans — Five Year, Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 8, 2014 Federally -Required Plans for the Housing Choice Voucher Program The Department of Housing & Neighborhood Preservation (DHNP) operates the federal Housing Choice Voucher Program (HCV) in the city. The program provides funding for rental subsidies for over 1,900 households in Virginia Beach and in some cases in neighboring cities. Funding for the HCV program is from the U.S. Department of Housing and Urban Development. In order to comply with all Federal requirements for this program, the city must establish policy and procedures to ensure consistency in program operation and adopt the following plans: Plan Name Summary Purpose and Content' Status Five Year Agency Plan Provides long term guidance for the program This plan was developed and adopted by Council in 2010. Annual Agency Plan Describes the agency's plan for the current year, consistent with the five year plan Developed by staff and proposed for adoption by Council with this ordinance Administrative Plan Describes in detail how the HCV program will operate Amendments have been developed by staff and are proposed for adoption by Council with this ordinance Additional Detail on Plan Contents Five Year Agency Plan: This plan provides the long-term direction for the agency in operating the HCV program. No changes to this plan are proposed at this time. Annual Agency Plan: This plan must be submitted annually. The plan as developed by staff contains the following information: - Eligibility, selection and admissions policies, including de -concentration and wait list procedures - Financial resources - Rent determination procedures - Operations and management - Grievance procedures - Self-sufficiency programs (FSS) 1 Executive Summary 2014 Housing Choice Voucher Plans — Five Year, Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 8, 2014 - Civil rights certifications - Fiscal year audit - Housing needs for the area - Strategy for meeting housing needs - Progress in meeting mission and goals - Any significant amendment and substantial deviations or modifications - Any plan elements that have been revised since the last Annual Plan certification - A listing of the locations where key elements of the Plan can be found On February 20, 2014, the Annual Plan Update was made available to the public for the required 45 -day review period. A public hearing was held on March 25, 2014, in conjunction with our Resident Advisory Board meeting. Their comments will be attached to the final HUD submittal along with any that are received from the general public. The approved Annual Agency Plan update and the two required certifications must be electronically submitted to HUD no later than April 15, 2014, which is the required 75 days before the beginning of our Federal Fiscal Year of July 1, 2014. Administrative Plan: Staff has developed the 2014 revisions to the plan. Primary differences between the prior plan and this proposed revision are as follows: • Numerous format, grammatical and organizational corrections. • Revisions to ensure the plan reflects actual day-to-day operations of VBDHNP's Rental Housing Division. • Revisions to ensure compliance with federal regulations in the Project Based Voucher component • Revisions to ensure compliance with federal regulations Section 504/ADA in regards to Reasonable Accommodation. • Insertion in Housing Quality Standards Inspections policy to allow for Self - Certification for non -life-threatening citations in the inspection policy • Insertion in Housing Quality Inspection Policy regarding pest management required regulation. • Clarification of preferences claimed in determining eligibility. These proposed revisions were advertised and made available along with the Annual Plan as noted above. 2 Item -VI -J.7 ORDINANCES/RESOLUTIONS -75- ITEM #63674 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary Encroachments into a portion of the City right-of- way and a Public Utility Easement at 5445 Connie Lane for Bribra Baker, Inc. DISTRICT 2- KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE temporary Encroachments into a portion of the City right-of-way and a Public Utility Easement at 5445 Connie Lane for Bribra Baker, Inc. DISTRICT 2- KEMPSVILLE The following conditions shall be required: 1. 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. 2. 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 shall bear all costs and expenses of such removal. 3. 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. 4. 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. 5. 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. 6. 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 connnencing any construction within the Encroachment Area (the "Permit'). April 8, 2014 Item -VI -J.7 ORDINANCES/RESOLUTIONS -76- ITEM #63674(Continued) 7. 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. 8. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. 9. 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. 10. 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 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. April8, 2014 Item -VI-J.7 ORDINANCES/RESOLUTIONS Voting: 10-0 Council Members Voting Aye: -77- ITEM #63674(Continued) Robert M. Dyer, Amelia N. Ross -Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None Council Members Abstaining: James L. Wood April 8, 2014 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 RIGHT-OF-WAY KNOWN AS CONNIE 7 LANE AND A PUBLIC UTILITY 8 EASEMENT LOCATED AT 5445 9 CONNIE LANE FOR BRIBRA BAKER, 10 INC. 11 12 WHEREAS, Bribra Baker, Inc, a Virginia Corporation, desires to construct and 13 maintain asphalt pavement, parking areas, concrete curbs, gutters, two (2) 6' high wood 14 fences, a gate, decorative entrance fence and columns within the City's right-of-way 15 known as Connie Lane, located at 5445 Connie Lane, and asphalt pavement, concrete 16 curb and gutter and concrete sidewalk within a 35' public utility easement in the City of 17 Virginia Beach, Virginia; 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 right-of-way 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, Bribra Baker, Inc. its heirs, 27 assigns and successors in title are authorized to construct and maintain asphalt 28 pavement, parking areas, concrete curbs, gutters, two (2) 6' high wood fences, a gate, 29 decorative entrance fence and columns within the City's right-of-way known as Connie 30 Lane and asphalt pavement, concrete curb and gutter and concrete sidewalk within a 31 35' public utility easement as shown on the plat marked Exhibit "A" and entitled: 32 "EXHIBIT A ENCROACHMENT EXHIBIT FOR THE LEGACY AT BAKER PARCEL A 33 SUBDIVISION OF CONNIE MANOR (INCLUDING THE STREET CLOSURE OF A 34 PORTION OF CONNIE LANE) REFERENCE PLAT RECORDED AT INSTRUMENT 35 NUMBER 20081113001309770 IN THE CLERK'S OFFICE OF THE CIRCUIT COURT 36 OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH, VIRGINIA SCALE: 37 1" = 100' OCTOBER 29, 2013," prepared by ERIC A. GARNER, LAND DURVEYOR 38 FOR wpl Landscape Architecture Land Surveying Civil Engineering, said plat consists of 39 three (3) sheets, a copy of which is on file in the Department of Public Works and to 40 which reference is made for a more particular description; and 41 42 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 43 subject to those terms, conditions and criteria contained in the Agreement between the 44 City of Virginia Beach and Bribra Baker, Inc. (the "Agreement"), which is attached 45 hereto and incorporated by reference; and 46 47 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 48 hereby authorized to execute the Agreement; and 49 50 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 51 time as Bribra Baker, Inc. and the City Manager or his authorized designee execute the 52 Agreement. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day 55 of April , 2014. CA -12737 R-1 PREPARED: 3/26/14 APPROVED AS TO CONTENTS Ether DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION APPROVED AS TO GAL 'SUFFICI CY,: L N c ORM ER, S • CIA 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 20th day of March, 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and BRIBRA BAKER, INC., a Virginia Corporation, 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 "PARCEL "A"; as shown on that certain plat entitled: "SUBDIVISION OF CONNIE MANOR (INCLUDING THF STREET CLOSURE OF A PORTION OF CONNIE LANE) VIRGINIA BEACH, VIRGINIA OCTOBER 08, 2008 SHEET 1 OF 2", prepared by MARK A. HASKETT, LAND SURVEYOR, for The Spectra Group 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 Instrument Number 20081113001309770, and being further designated, known, and described as 5445 Connie Lane, Virginia Beach, Virginia 23462; WHEREAS, it is proposed by the Grantee to construct and maintain asphalt pavement, parking areas, concrete curbs, gutters and sidewalks, two (2) 6' high wood fences, a gate, decorative entrance fence and columns, the "Temporary Encroachments", in the City of Virginia Beach; and GPIN: (CITY RIGHT-OF-WAY — NO GPIN REQUIRED OR ASSIGNED) 1468-50-6134-0000; (5445 Connie Lane) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into an existing City right-of- way, Connie Lane, and a 35' public utility easement, 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 EXHIBIT FOR THE LEGACY AT BAKER PARCEL A SUBDIVISION OF CONNIE MANOR (INCLUDING THE STREET CLOSURE OF A PORTION OF CONNIE LANE) REFERENCE PLAT RECORDED AT INSTRUMENT NUMBER 20081113001309770 iN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH, VIRGINIA SCALE: 1" = 100' OCTOBER 29, 2013," prepared by ERIC A. GARNER, LAND SURVEYOR for wpl Landscape Architecture Land Surveying Civil Engineering, said exhibit plat consists of three (3) sheets, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 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 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 shall 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 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. 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 4 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 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, the said Bribra Baker, Inc., a Virginia corporation has caused this Agreement to be executed in its corporate name and on its behalf by Brian C. Large, its President. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) CITY OF VIRGINIA BEACH By 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 , 2014, 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 , 2014, by CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 STATE OF CITY/COUNTY it BRIBRA BAKER, INC., a Virginia corporation urian C.Large-=PPresident nn. V IYgi n►GO '€iLh , to -wit: The foregoing instrument was acknowledged before me this ao +'1 day of arch , 2014, by Brian C. Large, as President of BRIBRA BAKER, INC., a Virginia corporation. CYNTHIA PACIULLI LANE Notary Public Commonwealth of Virginia Reg.#7168077 My Commission Exps. Dec. 31, 2016 Notary Registration Number: 11 I(0B39 1 My Commission Expires: DPS -31, acK0 APPROVED AS TO CONTENTS Fmk.c. S S -NAT! TIRE 111cowl) zoo DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 7 Ora IP Nblic (SEAL) APPROVED AS TO LEGAL SUFFICIENCY AND FORM DAPS F. F4AR4�REYER, ASSOCIATE CITY ATTORNEY N/F SUBDIVISION OF AMHURST SECTION FOUR, BLOCK P (M.B. 156, PG. 40) N/F LARRY D. CONYERS & RUTH M. CONYERS (D.B. 3727, PG. 806) GPIN: 1468-50-2231 N 28'50'50" E 59.84' r S 61.09'09" E 8.51' N 28'21'54" E 234.07' siTrI) ' 11 PRI AT A' .BL WIDTH INGRESS/EGRESS EASEMENT c (INSTR. NO. \ 20081113001309770) \DrQ-( 1135' PUBLIC UTILITY EASEMENT (INSTR. NO. 20081113001309770) 0 ►o z V 161 u:' ALL IMPROVEMENTS THAT v_‘�� ENCROACH INTO THE 35' -o o cc, PUBLIC UTILITY EASEMENT AND THE UNIMPROVED SECTION OF CONNIE LANE HAVE BEEN APPROVED ADMINISTRATIVELY, EXCEPT THE FENCE AND ADDITIONAL PARKING AREA WITHIN CONNIE LANE 100 0 N rn 0 v LP ern CONNIE WAY (50' R/W) (D.8. 2703, P. 1373) R=10.00' L=15.54' N/F LEANDER MITCHELL & WILLIE MAE MITCHELL (D. B. 358, PG. 592) R=50.00tPI N: 1468-50-4334 L=20.56' 1 N 2r57'33" E 186.54' x x X X w 0 -o 100 200 Feet GRAPHIC SC AL E 25.00'— N W x S 2T5046" W a -°IU h,r'�t01 ol�RN C Iu • o ti^ h ts h VARIABLE WIDTH or C3 `O N - DRAINAGE EASEMENT pZZ�NNNN pi p.cl oz. 04p� t (D.B. P. 908 ce N/F WITCHDUCK LAKE CONDOMINIUMS GPIN: 1467-79-2977 0 20' DRAINAGE EASEMENT (D.B. 2446, P. 908 - PLAT) Landscape Architecture ' Land Surveying 1 Civil Engineering wplsite.com 757.431.1041 242 MUM 1RAL SIE 8 Yk81lV, X151, VA 23452 - 7N: 212-0152 I SCALE EXHIBIT A ENCROACHMENT EXHIBIT FOR THE LEGACY AT BAKER PARCEL A SUBDIVISION OF CONNIE MANOR (INCLUDING THE STREET CLOSURE OF A PORTION OF CONNIE LANE) REFERENCE PLAT RECORDED AT INSTRUMENT NUMBER 20081113001309770 IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH, VIRGINIA SHEET 1 OF 3 : 1"= 100' OCTOBER 29, 20131 ALL IMPROVEMENTS THAT ENCROACH INTO THE 35' PUBLIC UTILITY EASEMENT AND THE UNIMPROVED SECTION OF CONNIE LANE HAVE BEEN APPROVED ADMINISTRATIVELY, EXCEPT THE FENCE AND ADDITIONAL PARKING AREA WITHIN CONNIE LANE N/F UNITS 676 & 678 CHARTER LAKE CONDOMINIUMS PHASE TWELVE (M.B. 260, P. 82) GPIN: 1467-59-5902-0676 1467-59-5902-0678 N 2750'46" E PARCEL A GPIN: 1468-50-6134 PROPOSED Z f\ STORM DRAIN - \ MANHOLE & �, v CURB DROP �? INLETS �\ �-t�� 510 r) 9°oPRtJ) /// 1/ (5 9 �/ / ��R O ��P� 1 g g(1 1 / GGOR SPO ?,...6(2-77725%v,-0: � '� ZOO, a�-� 04 -o 0• cP'y s > 11' PUB DRAINAGE EASEME > PROPOSED ASPHALT PAVEMENT, PARKING AREAS & CONCRETE CURB AND GUTTER N/F UNIT 29 WITCHDUCK LAKE CONDOMINIUMS N PHASE 51 (INST. #200303140040514) GPIN: 1467-79-2977-0029 o 1 20' DRAINAGE EASEMENT (D.B. 2446, P. 908 - PLAT) VARIABLE WIDTH DRAINAGE EASEMENT (D.B. 2446, P 908 - PLAT) } PROPOSED RCP STORM DRAIN PIPE AND DROP INLET N/F UNIT 30 WITCHDUCK LAKE CONDOMINIUMS PHASE 46 (INST. #200212183081949) GPIN: 1467-79-2977-0030 PROPOSED 6' HIGH\WOOD FENC/NG AND DECORATIVE ENTRANCE FENCE AND COLUMNS 30 0 30 Feet GRAPHIC SCALE ati 7� Landscape Architecture Land Surveying CMI Engineering wplsite.com 757.431.1041 242 YlISIANG 1RAl. STE B WM BEACH, VA 23452 JN: 212-0152 EXHIBIT A ENCROACHMENT EDIT FOR THE LEGACY AT BAKER PARCEL A SUBDIVISION OF CONNIE MANOR (INCLUDING THE STREET CLOSURE OF A PORTION OF CONNIE LANE) REFERENCE PAT RECORDED AT INSTRUMENT NUMBER 20081113001309770 IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH, VIRGINIA OCTOBER 29, 2013 SHEET 2 OF 3 SCALE: 1"= 30' N/F LARRY D. CONYERS & RUTH M. CONYERS (D.B. 3727, PG. 806) GPIN: 1468-50-2231 N 25'21'54' E 234 CONNIE LANE (50' R/W) 2703, P. 1373) N 2600 E 58.5 51'9'9 1' PROPOSED RCP STORM DRAIN PIPE & CURB DROP INLET CONNIE WAY (50' R/W) (D.B. 2703, P. 1373) 0\ PROPOSED 6' HIGH WOOD FENC/NG AND GATE \ \\A ALL IMPROVEMENTS THAT ENCROACH INTO THE 35' PUBLIC UTILITY EASEMENT AND THE UNIMPROVED SECTION OF CONNIE LANE HAVE BEEN APPROVED ADMINISTRATIVELY, EXCEPT THE FENCE AND ADDITIONAL PARKING AREA WITHIN CONNIE LANE A*tit PRIVATE VARIABLE WIDTH INGRESS/EGRESS EASEMENT (INSTR. NO. 20081113001309770) EX PUBLIC DI WATER MAIN 35' PUBLIC UTILITY EASEMENT --►I (INSTR. NO. 20081113001309770) \`\\\\ PROPOSED RCP STORM D -AIN PIPE PROPOSED PRIVATE SEWER MAIN & LATERAL PROPOSED RCP STORM DRAIN PIPE PROPOSED ASPHALT PAVEMENT, CONCRETE — — — CURB AND GUTTER, CONCRETE SIDEWALK & — — — PRIVATE WATER AND SEWER :CAIN - — — — PARCEL A GP/N.• 1468-50-6134=, 60 30 0 i vv •� \ 60 120 Feet GRAPHIC SCALE v •POSED ASPHALT P �EMga3 PAVEMENT, CONCRETE % P� 5� 0 1 CURB AND GUTTER, & 1P PSE 1� �� CONCRETE SIDEWALK tG1f R01 0:4' \ApR Ku ii 500k 11993 on VA 1 Landscape Architecture 1 Land Surveying Civil Engineering wplsite.com 757.431.1041 f242 141131Aw 1 31C 0 rwfV Vat do 23452 JN: 212-0152 EXHIBIT A ENCROACHMENT EXHIBIT FOR THE LEGACY AT BAKER PARCEL A SUBDIVISION OF CONNIE MANOR (INCLUDING THE STREET CLOSURE OF A PORTION OF CONNIE LANE) REFERENCE PLAT RECORDED AT INSTRUMENT NUMBER 20081113001309770 IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH, VIRGINIA SCALE: 1"= 60' OCTOBER 29, 2013 SHEET 3 OF 3 2 f- 0U NA1�oN 4 trl JAMES L. WOOD COUNCILMAN - DISTRICT 5 - LYNNHAVEN In Reply Refer to 0051812 City (:),f Vir 1x11 . 13eaC April 8, 2014 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Section 2.2-3115(F), Code of Virginia PHONE: (757) 340-8411 FAX: (757) 340-2082 jlwood@vbgov.com Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(F), Code of Virginia, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote 011 an ordinance to authorize a temporary encroachment into a portion of City right- of-way known as Connie Lane and a public utility easement located at 5445 Connie Lane for Bribra Baker, Inc. 2. In 2012, Connie One, L.L.C. sold property located at 5445 Connie Lane to Bribra Baker, Inc. Connie One, L.L.C. is the mortgagee on the property, and Bribra Baker, Inc. is the mortgagor. 3. I am a member of Connie One, L.L.C., which is located at 208 Ash Ave Suite 101 23452, and I have a personal interest in the corporation. 4. I hereby disclose this interest and will abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 208 ASH AVENUE, SUITE 101, VIRGINIA BEACH, VA 23452 Mrs. Ruth Hodges Fraser -2- April 8, 2014 Re: Abstention Pursuant to Section 2.2-3115(F), Code of Virginia Thank you for your assistance in this matter. Sincerely, 417 J. e. L. Wood Councilmember JLW/RRI Item—VI-J.8 ORDINANCES/RESOLUTIONS -78- ITEM #63675 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER $250,000 within the FY 2013-14 Operating Budget to continue PPEA Light Rail Evaluations Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross -Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April8, 2014 1 AN ORDINANCE TO TRANSFER $250,000 WITHIN THE 2 FY 2013-14 OPERATING BUDGET TO CONTINUE PPEA 3 LIGHT RAIL EVALUATIONS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $250,000 is hereby transferred to the FY 2013-14 Operating Budget of the 9 Department of Public Works to continue evaluation of Light Rail proposals with the 10 following sources: $75,000 from the Office of the City Attorney; $50,000 from the 11 Department of Finance; and $125,000 from the General Fund Reserve for 12 Contingencies. Adopted by the Council of the City of Virginia Beach, Virginia on the 8 t h day of April 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services Ci �,gr�ne CA12931 R-1 March 25, 2014 ce Item -VI-K PLANNING I. DON and CONCETTA BRYDGE 2. CROWN CASTLE USA, INC. 3. MATTHEW ALVES -79- ITEM #63676 VARIANCE RELOCATION OF NON- CONFORMING USE CONDITIONAL USE PERMIT 4. PATRICIA ANNE VOGEL CONDITIONAL USE PERMIT 5. MILLER HOLDING II, INC. 6. FIVE MILE STRETCH ASSOCIATES, LLC 7, HIF, LLC; HIC, LLC; MACH ONE, LLC 8. NORTHAMPTON EXECUTIVE CENTER, LLC CONDITIONAL CHANGE OF ZOING & CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING CONDITIOAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING April 8, 2014 -80 - Item -VI--K PLANNING ITEM #63677 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 3, 4, 5a/b(WITHDRA WAL), 6(DEFER TO JUNE 17, 2014), 7(DEFER TO MAY 13, 2014) and 8(DEFER INDEFINATELY) of the PLANNING AGENDA. Voting. 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross -Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessonzs, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 8, 2014 -81 - Item -VI -K.1 PLANNING ITEM #63678 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/ CONDITIONED, BY CONSENT, Application of DON and CONCETTA BRYDGE for a Variance to the Subdivision Regulations, Section 4.4. (b) of the City Zoning Ordinance (CZO), re combining parcels at 3189 Indian River Road DISTRICT 7 — PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of DON and CONCETTA BRYDGE for a Variance to the Subdivision' Regulations, Section 4.4. (b) of the City Zoning Ordinance (CZO), re combining parcels at 3189 Indian River Road (GPIN 1483 748675) DISTRICT 7 — PRINCESS ANNE The following conditions shall be required: 1. The subject parcel shall be resubdivided substantially in accordance with the submitted final Subdivision Plat entitled "Resubdivision of Property of Parcel 1 and Parcel 2, a portion of a five and one-half (S'/z) Acre Tract, as Shown on Survey of the Richard Sykes Farm"; dated January 3, 2013, and prepared by Site Improvement Associates, Inc. Said Plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. A Subdivision Plat shall be recorded prior to the release of approval of a single-family Site Plan for Parcel 1-A. 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 Eighth day of April, Two Thousand Fourteen Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross -Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April8, 2014 Item -VI-K.2 PLANNING The following individuals registered to speak: -82- ITEM #63679 Lisa Murphy, Attorney for Applicant, 999 Waterside Drive, Suite 2100, Phone: 217-4537, spoke in FAVOR. Marvin Greer, Project Manager, 9011 Arboretum Parkway, Richmond, VA, Phone: 804-523-8302, spoke in FAVOR. Ellen Hollyfield, 228 Meadow Ridge Lane, Phone: 635-4094, spoke in OPPOSITION Linda Harrell, 2224 Meadow Ridge Lane, Phone: 577-5077, spoke in OPPOSITION Darryl Riddle, 2233 Meadow Ridge Lane, Phone: 870-0913, spoke in OPPOSITION Joseph Maggiore, 2225 Meadow Ridge Lane, Phone: 427-0069, spoke in OPPOSITON Bill Ciccone, 2240 Meadow Ridge Lane, Phone: 274-5404, spoke in OPPOSITION Greg Mathney, 2227 Meadow Ridge Lane, Phone: 676-6982, spoke in OPPOSITION Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council DEFERRED INDEFINATELY, Application of CROWN CASTLE USA, INC for the relocation of a Non -Conforming Structure re a Communication Tower at Meadow Ridge Lane (Deferred February 25 and March 11, 2014) DISTRICT 7 — PRINCESS ANNE Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross -Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 8, 2014 -83 - Item -VI-K3 PLANNING ITEM #63680 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of MATTHEW ALVES for a Conditional Use Permit re Horne Occupation (Firearms and Gunsmithing) at 2445 Brush Creek Lane DISTRICT 6 — BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of MATTHEW ALVES for a Conditional Use Permit re Home Occupation (Firearms and Gunsmithing) at 2445 Brush Creek Lane (GPIN 1497800111) DISTRICT 6 — BEACH The following conditions shall be required: 1. Any firearms or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department / Crime Prevention Office to arrange for a meeting at the property for the purpose of allowing a security assessment. A report shall be written by the Police Department, a copy provided to the applicant (homeowner) and the Planning Department and the Police Department will retain a copy. Failure to meet with the Crime Prevention Office within one (1) month of the granting of this Use Permit shall result in revocation of the Use Permit. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct his business. 3. All small arms ammunition, primers, smokeless propellants and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 5. Not more than twenty percent (20%) of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the Home Occupation. 6. There shall be no employees on the property associated with this home-based business. 7. Delivery offrrearms to the property shall be received on the applicant's property only, secured by the applicant 's signature. 8. The Home Occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no Home Occupation exists. April 8, 2014 -84 - Item -VI-K3 PLANNING ITEM #63680(Continued) 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 Eighth day of April, Two Thousand Fourteen Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross -Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 8, 2014 -85 - Item -VI -K.4 PLANNING ITEM #63681 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of PATRICIA ANNE VOGEL for a Conditional Use Permit re Fa»nily Child Daycare at 3712 Massanutten Court DISTRICT 1 — CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of PATRICIA ANNE VOGEL for a Conditional Use Permit re Fancily Child Daycare at 3712 Massanutten Court (GPIN 1485467347) DISTRICT 1— CENTERVILLE The following conditions shall be required: 1. The Family (Child) Horne Daycare shall be limited to twelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be as set forth by the Virginia Department of Social Services. 2. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of the Family (Child) Home Daycare at any time. 3. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 3. All play equipment associated with the Child Daycare business shall be located behind the front facade of the house and within the fenced yard area when open for business. 4. A non -illuminated sign, not more than (1) one square foot in area, identifying the Horne Daycare, may be mounted flat against the house. 5. 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 Conditional Use Permit (CUP). 7. 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. 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 Eighth day of April, Two Thousand Fourteen April8, 2014 -86 - Item -VI-K.4 PLANNING ITEM #63681(Continued) Voting: 11-0 Council Members Voting Aye: Robert M Dyer, Amelia N. Ross -Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 8, 2014 -87 - Item -VI -K.5 PLANNING ITEM #63682 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, ALLOWED WITHDRAWAL, BY CONSENT, Applications of MILLER HOLDING II, LLC, DISTRICT 4 — BAY SIDE a. Conditional Change of Zoning, from B-2 Community Business to Conditional B-4 Mixed -Use b. Conditional Use Permit re Multi -Family dwellings at 4877 Shore Drive Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross -Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 8, 2014 -88 - Item -VI -K.6 PLANNING ITEM #63683 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, DEFERRED TO JUNE 17, 2014, BY CONSENT, Application of FIVE MILE STRETCH ASSOCIATES, LLC for a Conditional Change of Zoning from AG -1 andAG-2 Agricultural to Conditional PD -H2 Planned Unit Development District re dwellings at 2800 - 2900 Princess Anne Road DISTRICT 7 — PRINCESS ANNE Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross -Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessorns, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 8, 2014 -89 - Item -VI-K.7 PLANNING ITEM #63684 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, DEFERRED TO MAY 13, 2014, BY CONSENT, Application of HIF, LLC', HIC, LLC; MACH ONE, LLC for a Conditional Change of Zoning from B-2 Community Business to Conditional A-18 Apartment re apartment and townhouse units at the West side of Windsor Oaks Boulevard South of Holland Road DISTRICT 3 — ROSE HALL Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross -Hammond, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April8, 2014 -90 - Item -VI-K 8 PLANNING ITEM #63685 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, DEFERRED INDEFINATELY, BY CONSENT, Application of NORTHAMPTON EXECUTIVE CENTER, LLC for a Conditional Change of Zoning, from B-2 Community Business to Conditional B-2 Community Business and Conditional A-36 Apartment District re apartment units at 1300 Diamond Springs Road DISTRICT 4 — BAYSIDE Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross -Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 8, 2014 -91 - ITEM V -M APPOINTMENTS ITEM #63686 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: GREEN RIBBON COMMITTEE OPEN SPACE ADVISORY COMMITTEE TOWING ADVISORY BOARD April 8, 2014 -92 - ITEM V -M APPOINTMENTS ITEM #63687 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: CARLA BAILEY LINDA M. BRIGHT AMMA GUERRIER Two Year Term 06/01/2014 — 05/31/2016 MINORITY BUSINESS COUNCIL Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross -Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and Janes L. Wood Council Members Voting Nay: None Council Members Absent: None April 8, 2014 -93 - ITEM V -M APPOINTMENTS ITEM #63688 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: MARY PACE Unexpired Term thru 02/28/2015 plus Two Years until 2/28/2017 TRANSITION AREA/ITA TRAFFIC AREA CITIZENS ADVISORY COMMITTEE Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross -Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 8, 2014 -94 - ITEM V -M APPOINTMENTS ITEM #63689 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: KYLE D. KORTE No Term 2040 VISION TO ACTION COMMUNITY COALITION COMMISSION Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Amelia N. Ross -Hammond, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 8, 2014 -95 - Item -V-P ADJOURNMENT ITEM #63690 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 7:20 P.M. Amanda Finley -Barnes, CMC Chief Deputy City Clerk Ruth Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia April 8, 2014