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JULY 1, 2014 AGENDACITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., Al -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 ATTORNEY MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK RUTH HODGES ERASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 01 JULY 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 I. CITY COUNCIL BRIEFING - Conference Room - A. HAYGOOD POST OFFICE RELOCATION Richard Hancock, Real Estate Specialist United States Postal Service, Eastern Facilities Service Office II. CITY ATTORNEY'S BRIEFING A. CONFLICT OF INTEREST ACT AMENDMENTS Mark Stiles, City Attorney III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION A. B. C. - Conference Room - CALL TO ORDER — Mayor William D. Sessoms, Jr. ROLL CALL COUNCIL RECESS TO CLOSED SESSION 5:OOPM 5:30 PM VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Cheston Holoman, DD Pastor Saint John's Baptist 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 June 17, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. TIDEWATER BUILDERS ASSOCIATION SCHOLARSHIP FOUNDATION Certificates to Virginia Beach Students John Ainslie, TBA Past President and Chair of the Virginia Beach Municipal Affairs Committee 2. GFOA EXCELLENCE IN FINANCIAL PLANNING Patricia Phillips, Director - Finance I. PUBLIC HEARING 1. INCREASE OF FEES FOR SUBDIVISION PLATS J. ORDINANCES/RESOLUTION 1. Ordinances to AMEND the City Code: a. Section 18-49 to provide for local alcoholic beverage license taxes for small breweries b. Section 35-64 re the calculation of income for the Elderly and Disabled Tax Relief 2. Ordinance re a COOPERATIVE AGREEMENT with the School Board re legal services to be provided to the School Board and School Administration by the Office of the City Attorney in FY 2015 3. Ordinance to AUTHORIZE Tax Exemption on certain real and personal property used by the Military Aviation Museum for exhibition or educational purposes 4. Ordinance to DECLARE 3105 Newbern Lane as blighted and a nuisance; ADOPT a plan to abate same; and, TRANSFER $120,000 to the Housing and Neighborhood Preservation FY 2014-15 Operating Budget for this abatement 5. Resolution to APPOINT Amanda Burke to Associate City Attorney K. PLANNING 1. Ordinances to AMEND: a. Sections 3.2 and 8.1 of the Subdivision Regulations re preliminary plats and fees for final plats RECOMMENDATION APPROVAL b. Sections 1402 and 1408.1 of the Wetlands Zoning Ordinance re living shoreline projects as authorized use and credit for In -Lieu fees RECOMMENDATION APPROVAL c. Section 1602 of the Coastal Primary Sand Dune Ordinance re living shoreline projects under a General Permit as an authorized use RECOMMENDATION d. Section 111 re definition of "Family" RECOMMENDATION L. APPOINTMENTS DEVELOPMENT AUTHORITY HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE WETLANDS BOARD M UNFINISHED BUSINESS N. NEW BUSINESS APPROVAL APPROVAL II I O. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* ***************************** PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** 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 2014 CITY HOLIDAYS July, Orn - Err lay Labor Day - iondin , September 1 Veterans Day - Tuesday, j\'overnber 11 Thanksgiving Day and Day after Thanksgiving — Thursday, November 27 and Friday, .November 28 'hrist las Eve (halJ-dar) - Wednesday, December 24 Christmas Dory - Thursday, December 25 ii I CITY COUNCIL RETREAT Economic Development Office Town Center Monday, September 8, 2014 8:30 AM to 5:00 PM /gw 07/01/2014 I' CITY COUNCIL BRIEFING - Conference Room - 5:OOPM A. HAYGOOD POST OFFICE RELOCATION Richard Hancock, Real Estate Specialist United States Postal Service, Eastern Facilities Service Office II. CITY ATTORNEY'S BRIEFING A. CONFLICT OF INTEREST ACT AMENDMENTS Mark Stiles, City Attorney III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V CITY COUNCIL AGENDA REVIEW I VI. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL COUNCIL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Cheston Holoman, DD Pastor Saint John's Baptist 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 June 17, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. TIDEWATER BUILDERS ASSOCIATION SCHOLARSHIP FOUNDATION Certificates to Virginia Beach Students John Ainslie, TBA Past President and Chair of the Virginia Beach Municipal Affairs Committee 2. GFOA EXCELLENCE IN FINANCIAL PLANNING Patricia Phillips, Director - Finance ■■ ■ Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting Presented to City of Virginia Beach Virginia For its Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2013 Executive Director/CEO • I. PUBLIC HEARING 1. INCREASE OF FEES FOR SUBDIVISION PLATS Public Hearing Proposed increases to fees On July 1, 2014 at 6:00 P.M., the Virginia Beach City Council will hold a Public Hearing concerning the adoption of a proposed ordinance amending the Subdivision Regulation listed below to increase fees for final subdivision plats. A copy of the proposed ordinances and the documentation for the proposed increases in fees are available for inspection in the City's Department of Planning, Municipal Center, Building 2. The aforesaid Public Hearing will be held in the City Council Chamber, located on the 2n° floor of the City Hall Building (Building 1), 2401 Courthouse Drive, Virginia Beach, Virginia. Any person interested in these matters may appear and be heard. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CRY CLERKS OFFICE at (757) 385-4303. Code Section amended Current fee Proposed fee Authority for increase Subdivision Residential Residential 2 lot Virginia Code Regulations subdivisions of 6 plats: $336 (if not § 15.2-2241 (App. B) or more lot plats : submitted as a § 8.1(c). $594 plus $8 per preliminary plat) Plat Fees—Final lot after the first 5 Residential 3-5lot Subdivision lots plats: $840 plus Plats Nonresidential plats: $582 plus $54 per lot $168 per lot (if not submitted as a preliminary plat) Residential 6-50 lot plats: $1188 plus $7 per lot after the first 5 lots (if not submitted as a preliminary plat) Residential 6 or more lot plats : $594 plus $8 per lot after the first 5 lots (if submitted as a preliminary plat) Nonresidential plats: $1182 plus $51 per lot (if not submitted as a preliminary plat) Nonresidential plats: $582 plus $54 per lot (if submitted as a preliminary plat) Beacon June 15 & 22, 2014 24100767 J. ORDINANCES/RESOLUTION 1. Ordinances to AMEND the City Code: a. Section 18-49 to provide for local alcoholic beverage license taxes for small breweries b. Section 35-64 re the calculation of income for the Elderly and Disabled Tax Relief 2. Ordinance re a COOPERATIVE AGREEMENT with the School Board re legal services to be provided to the School Board and School Administration by the Office of the City Attorney in FY 2015 3. Ordinance to AUTHORIZE Tax Exemption on certain real and personal property used by the Military Aviation Museum for exhibition or educational purposes 4. Ordinance to DECLARE 3105 Newbern Lane as blighted and a nuisance; ADOPT a plan to abate same; and, TRANSFER $120,000 to the Housing and Neighborhood Preservation FY 2014-15 Operating Budget for this abatement 5. Resolution to APPOINT Amanda Burke to Associate City Attorney CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 18-49 to Provide for Local Alcoholic Beverage License Taxes for Small Breweries MEETING DATE: July 1, 2014 • Background: In its regular session, the 2014 General Assembly amended the enabling legislation for local alcoholic beverage license taxes. Prior to this legislation, there was a single classification for "brewery" licenses, and the annual local alcoholic beverage license tax is $1000. The 2014 legislation created a new classification that effectively reduces the license tax for an establishment that manufactures less than 500 barrels of beer in a calendar year. This new classification has an annual local alcoholic beverage license tax of $250. • Considerations: The attached ordinance is required to insure conformity with state law. The amendment to § 18-49 is not expected to create a substantial revenue impact. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Commissioner of the Revenu City Manager: '-'� 1 AN ORDINANCE TO AMEND CITY CODE 2 SECTION 18-49 TO PROVIDE FOR LOCAL 3 ALCOHOLIC BEVERAGE LICENSE TAXES 4 FOR SMALL BREWERIES 5 6 Section Amended: § 18-49 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 18-49 of the Virginia Beach City Code is hereby amended and 12 reordained to read as follows: 13 14 Sec. 18-49. Alcoholic beverages—Generally. 15 16 (a) Every person engaged in manufacturing, bottling, selling or dispensing alcoholic 17 beverages shall pay license taxes in the following sums, per annum: 18 19 (1) For each distiller's license, if more than five thousand (5,000) gallons of 20 spirits are manufactured during the license year, including bottling, one 21 thousand dollars ($1,000.00). 22 23 (2) For each winery license, fifty dollars ($50.00). 24 25 (3) For each brewery license, including bottling, one thousand dollars 26 ($1,000.00), except if the brewery manufactures less than 500 barrels 27 during the year in which case the brewery license for such person shall be 28 two hundred and fifty dollars ($250.00) . 29 30 (4) For each bottler's license, five hundred dollars ($500.00). 31 32 (5) For each wholesale beer license, two hundred fifty dollars ($250.00). 33 34 (6) For each wholesale wine distributor's license, fifty dollars ($50.00). 35 36 (7) For each retail on -premises wine and beer license for a hotel, restaurant, 37 gift shop, gourmet shop, convenience grocery store or club; for each retail 38 off -premises wine and beer license; and for each on and off -premises 39 wine and beer license, one hundred fifty dollars ($150.00). 40 41 (8) For each retail on -premises beer license for a hotel, restaurant or club; for 42 each retail off -premises beer license; for each on- and off -premises beer 43 license; and for each druggist license, one hundred dollars ($100.00). 44 45 (9) For each bed & breakfast license, forty dollars ($40.00). 46 47 (10) For each day spa license, twenty dollars ($20.00). 48 49 (b) The licenses referred to in subsection (a) above shall be as respectively defined 50 by the Alcoholic Beverage Control Act of the state, as amended, and the terms 51 "alcoholic beverages", "alcohol", "spirits", "beer" and "wine", wherever used in 52 this section shall have the meanings respectively ascribed to them by such act. 53 54 (c) No license shall be issued under this section to any person, unless such person 55 shall hold or shall secure simultaneously therewith the proper state license 56 required by the Alcoholic Beverage Control Act. Such state license shall be 57 exhibited to the commissioner of revenue. 58 59 (d) Any license issued under this section may be amended to show a change in the 60 place of business within the city. Any such license may be transferred from one 61 person to another; provided the person to whom transferred holds, at the same 62 time, a similar license from the state alcoholic beverage control commission. 63 64 (e) In imposing wholesale merchant's license taxes measured by purchases and 65 retail merchant's license taxes measured by sales and restaurant license taxes 66 measured by sales under the provisions of this chapter, other than the provisions 67 of this section, alcoholic beverages shall be included in the base or bases for 68 measuring such license taxes the same as if the alcoholic beverages were 69 nonalcoholic. No alcoholic beverage license tax levied under this section shall be 70 construed as exempting any licensee from any merchant's or restaurant license 71 tax, and such merchant's and restaurant license taxes shall be in addition to the 72 alcoholic beverage license taxes levied hereby; provided, however, that in 73 determining the liability of a beer wholesaler or wholesale wine distributor to 74 merchant's license taxation under this chapter, there shall be deducted from such 75 merchant's license tax the amount of the specific license tax imposed under this 76 section and paid by such beer wholesaler or wholesale wine distributor. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO CONTENT: Com sio er of Revenue CA13045 R-1 June 16, 2014 APP S TO LEGAL SUFFICIENCY: City ; orne ITEM: An Ordinance to Amend City Code Section 35-64 Pertaining to the Calculation of Income for the Elderly and Disabled Tax Relief Program MEETING DATE: July 1, 2014 • Background: In its regular session, the 2014 General Assembly amended the enabling legislation for local Tax Relief for Elderly and Disabled programs with regard to the calculation of income. Income is a qualifying component for participation in such Tax Relief programs. Prior to the legislation, a caretaker needed to be a paid caretaker for the income of such person to be excluded from the income calculation. The 2014 legislation clarified the exclusion of income by a bona fide caretaker whether such person is compensated or not. This legislation also clarifies the treatment of income of a relative living in the abode who is also a caretaker. • Considerations: The attached ordinance is required to insure conformity with state law. The amendment to § 35-64 is not expected to create a substantial revenue impact. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Commissioner of the Revenuer City Manager. S v., ( b , 1 AN ORDINANCE TO AMEND CITY CODE 2 SECTION 35-64 PERTAINING TO THE 3 CALCULATION OF INCOME FOR THE 4 ELDERLY AND DISABLED TAX RELIEF 5 PROGRAM 6 7 Section Amended: § 35-64 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 35-64 of the Virginia Beach City Code is hereby amended and 13 reordained to read as follows: 14 15 Sec. 35-64. General prerequisites to grant; effect of residency in hospital, nursing 16 home, etc. 17 18 (a) Either the exemption, deferral or freeze, but not more than one (1), as provided 19 for in this division shall be granted to persons subject to the following provisions: 20 21 .... 22 23 (3) For the tax exemption programs, the total combined income received from 24 all sources during the preceding calendar year by: (i) the owner or owners 25 of the dwelling who use it as their principal residence, (ii) the owner's or 26 owners' relatives who live in the dwelling, except for those relatives living 27 in the dwelling and providing bona fide caregivinq services to the owner 28 whether such relatives are compensated or not, and (iii) nonrelatives of 29 the owner who live in the dwelling except for bona fide tenants or bona 30 fide paid caregivers of the owner, whether compensated or not, shall not 31 exceed sixty-three thousand four hundred and fifty dollars ($63,450.00) 32 provided that the first ten thousand dollars ($10,000.00) of income of each 33 relative, other than a spouse of the owner, who is living in the dwelling and 34 who does not qualify for the exemption provided by subdivision (b) hereof, 35 and any amount up to ten thousand dollars ($10,000.00) of income of 36 each nonrelative who is not the bona fide tenant or bona fide paid 37 caregiver of an owner living in the dwelling and who does not qualify for 38 the exemption provided by subdivision (b) hereof, shall not be included in 39 such total; and provided further that up to five thousand dollars 40 ($5,000.00) of any permanent or temporary disability benefit, from 41 whatever source, received by an owner and the first ten thousand dollars 42 ($10,000.00) or any portion thereof of income received by a permanently 43 and totally disabled owner shall not be included in such total. 44 45 (4) For the tax freeze program, the total combined income received from all 46 sources during the preceding calendar year by: (i) the owner or owners of 47 the dwelling who use it as their principal residence, (ii) the owner's or 48 owners' relatives who live in the dwelling, except for those relatives living 49 in the dwelling and providing bona fide caregivinq services to the owner 50 whether such relatives are compensated or not, and (iii) nonrelatives of 51 the owner who live in the dwelling except for bona fide tenants or bona 52 fide paid caregivers of the owner, whether compensated or not, shall not 53 exceed sixty-seven thousand dollars ($67,000.00) provided that the first 54 ten thousand dollars ($10,000) of income of each relative, other than a 55 spouse of the owner, who is living in the dwelling and who does not qualify 56 for the exemption provided by subdivision (b) hereof, and any amount up 57 to ten thousand dollars ($10,000.00) of income of each nonrelative who is 58 not the bona fide tenant or bona fide paid caregiver of an owner living in 59 the dwelling and who does not qualify for the exemption provided by 60 subdivision (b) hereof, shall not be included in such total; and provided 61 further that up to five thousand dollars ($5,000.00) of any permanent or 62 temporary disability benefit, from whatever source, received by an owner 63 and the first ten thousand dollars ($10,000.00) or any portion thereof of 64 income received by a permanently and totally disabled owner shall not be 65 included in such total. 66 67 68 69 (7) For the tax deferral program, the total combined income received from all 70 sources during the preceding calendar year by: (i) the owner or owners of 71 the dwelling who use it as their principal residence, (ii) the owner's or 72 owners' relatives who live in the dwelling, except for those relatives living 73 in the dwelling and providing bona fide caregivinq services to the owner 74 whether such relatives are compensated or not, and (iii) nonrelatives of 75 the owner who live in the dwelling except for bona fide tenants or bona 76 fide paid caregivers of the owner, whether compensated or not, shall not 77 exceed sixty-seven thousand dollars ($67,000.00) provided that the first 78 ten thousand dollars ($10,000.00) of income of each relative, other than a 79 spouse of the owner, who is living in the dwelling and who does not qualify 80 for the exemption provided by subdivision (b) hereof, and any amount up 81 to ten thousand dollars ($10,000.00) of income of each nonrelative who is 82 not the bona fide tenant or bona fide paid caregiver of an owner living in 83 the dwelling and who does not qualify for the exemption provided by 84 subdivision (b) hereof, shall not be included in such total; and provided 85 further that up to five thousand dollars ($5,000.00) of any permanent or 86 temporary disability benefit, from whatever source, received by an owner 87 and the first ten thousand dollars ($10,000.00) or any portion thereof of 88 income received by a permanently and totally disabled owner shall not be 89 included in such total. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commis CA13046 R-1 June 17, 2014 ITEM: An Ordinance Approving a Cooperative Agreement between the City Council and the School Board of the City of Virginia Beach Pertaining to Legal Services to be provided to the School Board and School Administration by the Office of the City Attorney in Fiscal Year 2015 MEETING DATE: July 1, 2014 • Background: Since 1996, the City Council has entered into a Cooperative Agreement for the City Attorney to provide legal services to the School Board. Each year, the Agreement is presented to the City Council for approval. On June 17th, the School Board approved the attached Cooperative Agreement. • Considerations: Under the Cooperative Agreement between City Council and the School Board, the City Attorney's Office will continue to provide 4,125 hours of legal service to the School Division and will be reimbursed for the direct cost of those services. One Deputy City Attorney (Kamala H. Lannetti), one Associate City Attorney (Tracee Hackett), and one legal secretary (Anna Blanton) are located in the School Administration Building, and the Deputy City Attorney coordinates the delivery of additional legal services, as needed, by other attorneys in the City Attorney's Office, as well as outside counsel. • Public Information: The ordinance is to be advertised as a routine agenda item. • Recommendation: It is recommended that the City Council approve the Cooperative Agreement and authorize Mayor Sessoms to execute it on behalf of the City Council. • Attachments: Ordinance, Cooperative Agreement Recommended Action: Approval Submitting Department/Agency: City Attorney City Manager: 1 AN ORDINANCE APPROVING A COOPERATIVE 2 AGREEMENT BETWEEN THE CITY COUNCIL AND 3 THE SCHOOL BOARD OF THE CITY OF VIRGINIA 4 BEACH PERTAINING TO LEGAL SERVICES TO BE 5 PROVIDED TO THE SCHOOL BOARD AND SCHOOL 6 ADMINISTRATION BY THE OFFICE OF THE CITY 7 ATTORNEY IN FISCAL YEAR 2015 8 9 WHEREAS, the Office of the City Attorney has, for a number of years, provided 10 legal services to the Virginia Beach School Board and School Administration pursuant to 11 Cooperative Agreements; 12 13 WHEREAS, the Cooperative Agreement for FY 2014, which expired on June 30, 14 2014, provides that "[t]his Cooperative Agreement ... may be revised, as necessary, and 15 renewed each fiscal year ...;" and 16 17 WHEREAS, City Council agrees that it is in the best interests of the City and the 18 School Board for the Office of the City Attorney to continue to provide legal services to the 19 School Board pursuant to the revised Cooperative Agreement for FY 2015. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 1. That the City Council hereby approves the Cooperative Agreement for FY 25 2015, a copy of which is attached hereto. 26 27 2. That the Mayor is hereby authorized to execute the Cooperative Agreement 28 on behalf of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2014. APPROVED AS TO CONTENT AND LEGAL. ICIENCY: City orney CA13049 R-1 June 19, 2014 COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2015 Factual Background: 1. City Charter Authority. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter") provides that the City Attorney shall be the chief legal advisor of the City Council, the City Manager, and all departments, boards, commissions and agencies of the City in all matters affecting the interests of the City, and that he shall have such powers and duties as may be assigned by the City Council. 2. Appointment of City Attorney. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3. School Board Authority. The School Board is established by the Virginia Constitution, the City Charter, and provisions of general law, and is a body corporate vested with all of the powers and duties of local school boards conferred by law, including the right to contract and be contracted with, to sue and be sued, and to purchase, take, hold, lease, and convey school property both real and personal. 4. School Board Authority to Hire Legal Counsel. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board. 5. Recognized Reasons to Share Legal Services. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers, expertise of the City Attorney's Office in City Council and School Board matters, institutional memory, and the ability of the City Attorney's Office to Page 1 of 7 provide a wide range of legal services to the School Board based on the expertise of the attorneys in numerous specialized areas of the law. 6. Professional Judgment of City Attorney. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. Potential Ethical Conflicts. The City Council and the School Board recognize that the potential for conflicting interests between the City Council and School Board may arise and that, in such cases, the City Attorney must refrain from representation of interests which may conflict. 8. Identification of Conflicts. The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Council or the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present, and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the School Board. Objectives: The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board, to provide for the delivery Page 2 of 7 of designated legal services to the School Board, and to avoid any real or perceived conflict in the delivery of those services. Agreement: NOW, THEREFORE, the City Council and the School Board hereby agree as follows: 1. Legal Staffing. The Office of the City Attorney will provide the equivalent of two and one half (2 '/) attorney positions (or 4,125 hours per year) and one (1) secretarial position during FY 2015. The services to be provided as follows: A. The City Attorney will assign two attorneys on-site at the School Administration Building for provision of legal services to the School Board and the School Administration. As determined by the City Attorney, the attorneys will devote substantially all of their time (i.e., approximately 3,300 hours per year) to the provision of legal services to the School Board and School Administration. For the term of this Agreement, those attorneys will be Kamala H. Lannetti, Deputy City Attorney, and Tracee Hackett, Associate City Attorney. The City Attorney reserves the right to reassign attorneys to meet the legal needs of the School Board and School Administration in accordance paragraph 1D. B. The City Attorney will dedicate one Secretary on-site at the School Administration Building who will devote substantially all of his/her time to the support of legal services to the School Board and School Administration. C. The remaining attorney hours will be provided by the other attorneys in the Office, based upon their various areas of expertise with school -related legal issues, student services, real estate matters, human resources and employee benefits matters, contracts, general administrative and procedural issues, Page3of7 litigation, and other legal matters. Attorneys assigned to handle School Board matters will remain on-call to handle legal matters throughout the week. The City Attorney's Office will endeavor to handle as many legal matters in-house as it is capable of handling subject to the provisions of this Agreement. D. During the term of this Agreement, and subject to reassignment in the judgment of the City Attorney, the selection of the assigned attorneys shall be mutually agreed upon by the City Attorney and the School Board. Additionally, if a majority of the Members of the School Board expresses dissatisfaction with the legal services provided by the assigned attorney, or by any other attorney providing services to the School Board, the City Attorney will meet with the School Board to discuss and evaluate its concerns. Furthermore, if the School Board and the City Attorney agree that the most reasonable way to address the School Board's concerns is to assign another attorney or other attorneys to represent the School Board, the City Attorney will use his best efforts to make such an assignment(s) as soon as possible. 2. Communication and Reports. Throughout the term of this Agreement, the Office of the City Attorney will maintain an open line of communication with the School Board and the Division Superintendent, and will keep each apprised, on a regular basis, of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the City Attorney shall not communicate with the Superintendent concerning those matters being handled on a confidential basis for the School Board or for individual School Board Members in accordance with applicable School Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of Page 4 of 7 the City Attorney will provide the Superintendent and the School Board an annual report of the legal services and attorney hours provided pursuant to this Agreement and, upon request of the School Board, the School Board Chairman, or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual School Board Members. 3. Management of Legal Affairs. The City Council and the School Board recognize and understand that the School Board shall be responsible for the management of its legal matters; that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor of the School Board and the School Administration, and shall assist the School Board and School Administration in the management of the School Board's legal matters; and that the City Attorney or his designee shall report to the School Board concerning those matters he has been assigned by the School Board to manage and/or handle on its behalf. 4. Ethical Conflicts Concerning Representation of Parties. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney, and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but, to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council. 5. Ability to Provide Legal Services. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement, and ethical constraints as they may arise. Page 5 of 7 6. Nature of Agreement. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. Payment for Services. The City shall forward to the School Board IDT requests in the amount of $402,870.53 from its FY 2015 Operating Budget to the FY 2015 Operating Budget of the Office of the City Attorney to fund the annual salaries, benefits, and certain administrative costs of two and one half (2.5) attorneys and one (1) Legal Secretary. IDT requests of 25% of the total shall be made by the City and funds transferred by the School Board on or about July first, October first, January first, and April first. 8. Term and Termination of Agreement. This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1, 2014, and ends June 30, 2015, and may be revised, as necessary, and renewed each fiscal year thereafter; provided, however, that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty (120) days of the date of expiration of this Agreement, or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. Page 6 of 7 The parties hereby agree to the terms set forth above. SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH By: Daniel D. Edwards, Chairman School Board of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach, Virginia on ic&wc- (1, -Ota{ , 2014. By: �. School Board Clerk CITY COUNCIL OF THE CITY OF VIRGINIA BEACH By: William Sessoms, Mayor City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach, Virginia on , 2014. By: City Clerk Page 7 of 7 r• "g�7rr F ��7 CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Exempt from Local Taxation Certain Real and Personal Property Used by the Military Aviation Museum for Exhibition or Educational Purposes MEETING DATE: July 1, 2014 • Background: The Military Aviation Museum (the "Museum") is located on more than a hundred acres just south of the Pungo area in Virginia Beach. The Museum is a nonprofit organization exempt from federal income taxation under § 501(c) (3) of the Internal Revenue Code. The museum includes a reproduction of World War 11 hangers, modern exhibit space, and many other ancillary buildings. This facility hosts tens of thousands of visitors per year and is a tremendous educational tool to show students, both young and old, improvements to aviation through military usage and the "inventedness" of man. This is also a substantial tourism attraction. • Considerations: The City's Legislative Agenda included a request that the General Assembly provide enabling legislation for tax relief for the Museum. This request was granted by the General Assembly in its 2014 Session. This legislation was required because of the ownership structure of the Museum and exhibits. The real and personal property is owned by a for-profit entity, but the real and personal property is exclusively used by the non-profit museum. If the property was directly owned by a non-profit museum, it would be exempt from taxation without this Council action. The real property that would be exempted from taxes generates approximately $80,000 each year. The City Manager will be directed to make an adjustment in the FY2014-15 Operating Budget to reflect the foregone tax revenues. The effective date of this ordinance is July 1, 2014, which is also the effective date of the General Assembly legislation. • Public Information: Public information will be provided through the normal Council agenda process. • Attachment: Ordinance Requested by Councilmember Wilson REQUESTED BY COUNCILMEMBER WILSON 1 AN ORDINANCE TO EXEMPT FROM LOCAL 2 TAXATION CERTAIN REAL AND PERSONAL 3 PROPERTY USED BY THE MILITARY 4 AVIATION MUSEUM FOR EXHIBITION OR 5 EDUCATIONAL PURPOSES 6 WHEREAS, the Military Aviation Museum is a nonprofit organization exempt from 7 federal income taxation under § 501(c) (3) of the Internal Revenue Code; and 8 WHEREAS, the Military Aviation Museum has been provided the exclusive use of 9 certain real and personal property to exhibit or display Warbirds to the general public for 10 educational purposes, including such flights as are necessary for testing, maintaining, or 11 preparing such aircraft for safe operation, or demonstrate the performance of Warbirds 12 at airshows and flight demonstrations of Warbirds, including such flights as are 13 necessary for testing, maintaining, or preparing such aircraft for safe operations; and 14 WHEREAS, for purposes of this ordinance, "Warbirds" means airplanes that 15 were manufactured prior to 1955 and intended for military use; 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL FOR THE CITY OF 17 VIRGINIA BEACH, VIRGINIA, THAT 18 1. That the real and personal property subject to the sole use or occupancy of 19 the Military Aviation Museum to exhibit or display Warbirds to the general 20 public or otherwise use Warbirds for educational purpose is hereby exempt 21 from local property taxation. 22 23 2. That this exemption is contingent on the following: 24 (a) continued use of the property by the Military Aviation Museum for 25 exhibition or display to the general public or otherwise use for educational 26 purposes; 27 (b) that each July 1, the Military Aviation Museum shall file with the 28 Commissioner of the Revenue a copy of its most recent federal income 29 tax return, or if no such return is required, it shall certify its continuing tax 30 exempt status to the Commissioner of the Revenue; 31 (c) that every three years, in accordance with State law, beginning on 32 January 1, 2017, the Virginia Aviation Museum shall file an exemption 33 application with the Commissioner of the Revenue as a requirement for 34 retention of the exempt status of the property; and 35 (d) that the Virginia Aviation Museum cooperate fully with the Commissioner 36 of the Revenue with respect to compliance with the terms of this 37 ordinance. 38 39 3. That the effective date of this ordinance shall be July 1, 2014. 40 41 4. The City Manager is directed to reduce revenues and expenditures in the 42 FY2014-15 Operating Budget to reflect the exemption provided herein. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. AS TO LEGAL SUFFICIENCY: CA13001 R-2 May 1, 2014 ITEM: An Ordinance Declaring the Property at 3105 Newbern Lane Blighted and a Nuisance, Adopting a Plan to Abate the Nuisance and Blight, and Transferring $120,000 from Reserve for Contingencies to the FY 2014-2015 Operating Budget of the Department of Housing and Neighborhood Preservation MEETING DATE: July 1, 2014 • Background: On May 20th and May 27th, the Department of Housing and Neighborhood Preservation briefed City Council on the blighted property located at 3105 Newbern Lane. Section 16-39 of the City Code, entitled "Spot Blight Abatement," authorizes the City to declare a property "blighted" and authorizes various remedies to abate such blight. The Department of Housing and Neighborhood Preservation identified the single-family dwelling and surrounding bulkhead at 3105 Newbern Lane as blighted and issued a notice of this determination to the property owner in April of this year. The owner has not submitted a reasonable plan for curing the blight. Staff has prepared the attached Spot Blight report. The city's plan is to demolish the single family home located on the property and to repair the bulkhead located along the Lynnhaven River. The blighted condition of the property has existed for at least nine years and is ongoing. The attached Spot Blight report provides additional detail regarding the condition of the property and the process which has been followed in bringing this matter before the City Council. • Considerations: As noted in the attached report, the property was declared unsafe in 2005, as it was vacant, unsecured and the bulkhead was severely deteriorated. Code Enforcement has issued 40 notices of violation and initiated court action against the property owner. Despite court convictions, fines and jail time, the property owner has failed to bring the property into compliance. The property is an attractive nuisance, the interior and exterior of the dwelling are in disrepair and the bulkhead has collapsed and deteriorated leaving the shoreline eroding into the Lynnhaven River. i Staff made the initial determination that this property met the criteria for blight, and is bringing the issue to the City Council for final disposition. Based on the circumstances surrounding the property and the owner's failure to respond to date and City Council direction, staff is recommending that the single family residence on this property be demolished and the bulkhead be repaired to remedy the erosion that is taking place along the Lynnhaven River. • Basic Information about the Property Assessed Value: $442,300 ($350,200 land; $91,100 building) Appraised Value: $250,000 (this value takes into consideration the current condition of the property) Estimated Cost of Repairs to Bulkhead: $100,000 Estimated Cost to Demolish Existing Structure: $10,000 Delinquent Taxes Due: $0 Liens Due: $1854.17 • Public Information: This Spot Blight Ordinance has been advertised in the local newspaper; in addition, notices have been sent to the property owner. • Alternatives: Council may authorize staff to go forward with this plan for the abatement of the nuisance, either in its present form or as modified by the City Council, or decline to grant such authority. • Recommendations: Approval of the attached ordinance, which will affirm staff's determination that the property is blighted, authorize the plan for the demolition of the single family residence located on the property and the repair of the existing bulkhead and appropriate the funds needed to complete this work from Reserve for Contingencies to the FY 2014-15 Operating Budget of the Department of Housing and Neighborhood Preservation. • Attachments: Spot Blight Report — 3105 Newbern Lane Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Housing and Neighborhood Preservation ..ei,.., Q City Mana 2 ,.4- x cs Z>) 1..L,, e; CITY OF VIRGINIA BEACH Spot Blight Report 3105 Newbern Lane City Council — July 1, 2014 Staff: Andrew Friedman, Dept of Housing and Neighborhood Preservation Wells Freed, DHNP Code Enforcement Location and General Information Subject Property CITY OF VIRGINIA BEACH Spot Blight Report Page 1 !tit or sho e Shore Drive @ Lesner Bridge h oreo 11 hi', tit Fish 0 Li e 1 31-.1'1 ti Subject Property ins"erlY‘st--4,%.,41 1,"" xj..11A • 13E,i A CITY OF VIRGINIA BEACH Spot Blight Report > Page 2 Property Information GPIN 14899871580000 OWNER GALLUP RUSSELL D JR COUNCIL ELECTION DISTRICT District 5 - Lynnhaven SITE SIZE 13,500 Square feet EXISTING LAND USE Single -family residential SURROUNDING LAND USE AND ZONING North — Lynnhaven River East — Single -family residential South — Lynnhaven River West — Single -family residential/Lynnhaven Municipal Marina The property is located in Lynnhaven Colony on an inlet just past the Lynnhaven Municipal Marina. AICUZ N/A Key Facts — 3105 Newbern Lane Date Declared Unsafe 7/25/2005 Number of Code Enforcement Notices Issued 40 Assessed Value $442,300 Land Value $350,200 Building Value $92,100 Appraised Value Based on Current Condition $250,000 Liens Due $1,854.17 Estimated Repairs Needed $135,000 CITY OF VIRGINIA BEACH Spot Blight Report Page 3 Summaryof Proposa 111 This property is the subject of possible action under the "spot blight authority," Section 16-39 of the City Code. It is being recommended for action due to its condition, Tong -term problem property status and the property owner's ongoing failure to bring the property into compliance. Under the process required by the City Code, City Council must hold a public hearing, determine that the property meets the definition of "blighted property" and that the owner/responsible party has failed to remedy or present a plan sufficient to remedy the blight. "Blighted property" is defined as follows under city code 16-39(b): Any individual commercial, industrial, or residential structure or improvement that endangers the public's health, safety, or welfare because the structure or improvement upon the property is dilapidated, deteriorated, or violates minimum health and safety standards, or any structure or improvement previously designated as blighted under the process for determination of "spot blight". This property was declared unsafe on 7/25/2005, as it was vacant and open and the bulkhead was deteriorating. Since 2000, the Department of Housing and Neighborhood Preservation (DHNP) / Code Enforcement Division (CED) has issued 40 notices of violation, including 36 property maintenance notices and 4 notices for exterior code violations. The city filed a Civil Injunction Petition for the abatement of the violations against the property owner. A permanent injunction was issued in November 2011, ordering the repair of the property. He failed to make any repairs, failed to appear for court, and has a capias issued for his arrest. To date, the owner has not complied. DHNP/CED has been cutting the grass and maintaining the exterior premises for 14 years. The initial notice in the spot blight process was issued on 4/3/2014, notifying the property owner that they must present a plan to correct blighted conditions within thirty days. To date, there has been no response from the owner to this notice. Major Issues Recommended Action — Demolish the Main Structure and Repair the Bulkhead: In lieu of acquisition, under Section 16-39 (i), City Council may declare the property to be blighted and to constitute a nuisance, and have the structures removed and/or repaired. The city will contract for demolition of the main structure and repairs the bulkhead. The actual demolition and construction costs to the city would be charged to CITY OF VIRGINIA BEACH Spot Blight Report Page 4 the property owner of record and a lien placed against the property to ensure funds are recovered. The total lien amount will accrue penalties and interest. Cost and Funding: Our goal for this action is to recover all costs from the property owner; however, there is a risk that these costs may not be recoverable in the near term. Staff will coordinate with the City Treasurer to assume collection of funds. All funds recovered will be used to reimburse the general fund account. Total costs include: Costs Item Amount Explanation Advertising, legal, appraisal and holding costs $5,000 Title search, appraisal, etc. Contingency for unanticipated expenses $5,000 Additional repairs as needed and/or abatement costs Estimated demolition costs $10,000 Estimated bulkhead repair costs $100,000 Total Project Cost $120,000 Requested Action: It is requested that City Council make the following determinations and authorize the City Manager to carry out the recommended plan for the property as described herein: 1. That the property is blighted. The property meets the criteria for blight as outlined in the Spot Blight Ordinance adopted by City Council as noted below. • This property has been vacant for over 17 years. • This property has been the subject of 40 code enforcement notices of violation. • The property is in poor condition and the rear yard is eroding in the Lynnhaven River. The property is an eyesore to the neighborhood. The property owner consistently fails to maintain the property despite several court hearings and court imposed jail time. • The owner of this property owes $1,854.17 (as of May 28, 2014) in liens to the Department of Housing and Neighborhood Preservation for repeated contractual abatement processes. 2. That the owner has failed to cure the blight and failed to present a reasonable plan to do so. The property owner was issued a notice of the Spot Blight Abatement on 4/3/2014. The notice stated that they must present a plan to CITY OF VIRGINIA BEACH Spot Blight Report Page 5 correct blighted conditions within thirty days. To date, there has been no response from the owner on this notice. a. Demolition of the Main Structure — The city would issue an RFP to have the main structure demolished and place a lien against the property to recover the cost of the demolition. b. Rebuilding the Bulkhead — The city would issue an RFP to have the deteriorated bulkhead repaired and place a lien against the property to recover the cost. Results: The current property owner would retain ownership of the property and the city will attempt recover all costs associated with blight abatement through collection efforts by the City Treasurer or at which time the property is sold. Recommendation: Authorize staff to carry out the demolition of the main structure and rebuilding of the bulkhead. Authorize the transfer of $120,000 to DHNP operating budget to carry this out. Attachments: Photographs of the subject property Exhibits CITY OF VIRGINIA BEACH Spot Blight Report Page 6 CITY OF VIRGINIA BEACH Spot Blight Report Page 7 p OUR:; NAl\Oc. \W-Nr n.It rr1� CITY OF VIRGINIA BEACH Spot Blight Report Page 8 2_ r--,A1-41A • BEA - r CITY OF VIRGINIA BEACH Spot Blight Report Page 9 CITY OF VIRGINIA BEACH Spot Blight Report Page 10 ;Y aY CITY OF VIRGINIA BEACH Spot Blight Report Page 11 1 AN ORDINANCE DECLARING THE PROPERTY AT 3105 2 NEWBERN LANE BLIGHTED AND A NUISANCE, 3 ADOPTING A PLAN TO ABATE THE NUISANCE AND 4 BLIGHT, AND TRANSFERING $120,000 FROM RESERVE 5 FOR CONTINGENCIES TO THE FY 2014-2015 6 OPERATING BUDGET OF THE DEPARTMENT OF 7 HOUSING AND NEIGHBORHOOD PRESERVATION 8 9 WHEREAS, property located at 3105 Newbern Lane (the "Property"), in the City 10 of Virginia Beach contains a single-family dwelling (the "Dwelling") and a bulkhead (the 11 "Bulkhead"); and 12 13 WHEREAS, the Property has been the subject of numerous Property 14 Maintenance Code violation notices, and the owner thereof has failed to remedy such 15 violations or to maintain the Property; and 16 17 WHEREAS, the Property has been determined to be unsafe and unfit for human 18 habitation since July 2005; and 19 20 WHEREAS, the Property constitutes a "blighted property" within the meaning of 21 Virginia Code Section 36-3; and 22 23 WHEREAS, the Department of Housing and Neighborhood Preservation, as the 24 designee of the City Manager, has made a preliminary determination that the Property 25 is blighted and has notified the owner by letter dated April 3, 2014 of such determination 26 and the reasons therefor, to -wit: 27 28 1. The Dwelling has been boarded and vacant for over seventeen (17) 29 years; 30 31 2. The Property has been the subject of forty (40) code enforcement 32 notices of violation; 33 34 3. The Property is in poor and condition and the Bulkhead has failed 35 so that the rear yard is eroding into the Lynnhaven River. The 36 Property is an eyesore to the neighborhood. The property owner 37 consistently fails to maintain the Property despite several court 38 hearings and court imposed jail time; and 39 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution Appointing Amanda Burks to the Position of Associate City Attorney MEETING DATE: July 1, 2014 • Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." • Considerations: This Resolution appoints Amanda Burks as an Associate City Attorney, effective July 22, 2014. • Recommendations: It is recommended that City Council adopt the attached resolution. • Attachments: Resolution Recommended Action: Adopt Resolution Submitting DepartmentlAgency: City Attorney City Manager: I 1 A RESOLUTION APPOINTING AMANDA BURKS TO THE 2 POSITION OF ASSOCIATE CITY ATTORNEY 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to § 2-166 of the City Code, Amanda Burks is hereby appointed to the 8 position of Associate City Attorney, effective July 22, 2014. 9 10 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 11 , 2014. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney's Offic CA13042 R-1 June 9, 2014 K. PLANNING 1. Ordinances to AMEND: a. Sections 3.2 and 8.1 of the Subdivision Regulations re preliminary plats and fees for final plats RECOMMENDATION APPROVAL b. Sections 1402 and 1408.1 of the Wetlands Zoning Ordinance re living shoreline projects as authorized use and credit for In -Lieu fees RECOMMENDATION APPROVAL c. Section 1602 of the Coastal Primary Sand Dune Ordinance re living shoreline projects under a General Permit as an authorized use RECOMMENDATION d. Section 111 re definition of "Family" RECOMMENDATION APPROVAL APPROVAL NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, July 1, 2014, at 6:00 P.M., at which time the following applications will be heard: CITY OF VIRGINIA BEACH - An Ordinance to Amend Sections 3.2 and 8.1 of the Subdivision Regulations (Appendix B) Pertaining to Preliminary Plats and Fees for Final Plats. CITY OF VIRGINIA BEACH - An Ordinance to Amend Sections 1402 and 1408.1 of the Wetlands Zoning Ordinance (City Zoning Ordinance) Pertaining to Living Shoreline Projects Under a General Permit as an Authorized Use and Credit for In-Lieu Fees. CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 1602 of the Coastal Primary Sand Dune Ordinance (City Zoning Ordinance) Pertaining to Living Shoreline Projects under a General Permit as an Authorized Use. CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 111 of the City Zoning Ordinance Pertaining to the Definition of "Family." All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online http://www.vbaov.com/pc For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Beacon June 19 & 26, 2014 24122336 r1,1 S U Hl c �..�.. sir CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — An Ordinance to Amend Sections 3.2 and 8.1 of the Subdivision Regulations (Appendix B) Pertaining to Preliminary Plats and Fees for Final Plats. MEETING DATE: July 1, 2014 • Background: Currently, the City's Subdivision Regulations require the submission of a preliminary subdivision plat for initial review and approval. Once approved, the "preliminary plat shall be valid for a period of one hundred eighty (180) days and may be extended by the Planning Director. Unless the final plat is submitted within one hundred (180) days or such extended period as may be allowed, the conditional approval [of the preliminary subdivision plat] shall be void (Section 3.2.d). • Considerations: House Bill 209 of the past session of the General Assembly limits the requirement for preliminary subdivision plats to such plats that subdivide more than 50 lots. A property owner may still elect to submit a preliminary plat, but a preliminary plat is only required if there are more than 50 lots. Accordingly, Section 3.2 of the Subdivision Regulations must be amended to ensure consistency with the State Code. The fee revisions proposed by the amendments to Section 8.1 of the Subdivision Regulations are necessary because, currently, fees are primarily collected with the submission of a preliminary plat. The amendments, therefore, will result in the collection of the review fee when a final subdivision plat is submitted (unless a preliminary plat is submitted and approved). The fees are the in the same amount as the current preliminary plat fee for two to five lots (if no preliminary plat was submitted). Final plat fees were also added for 6 to 50 lots, again in the same amount as the preliminary plat fee, if no preliminary plat was submitted. There was no opposition to the proposed amendments. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of the amendments. I CITY OF VIRGINIA BEACH — Preliminary Plats Page 2of2 1 Attachments: Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department s k tre1-4z_ City Manager: 1 AN ORDINANCE TO AMEND SECTIONS 3.2 2 AND 8.1 OF THE SUBDIVISION 3 REGULATIONS (APPENDIX B) PERTAINING 4 TO PRELIMINARY PLATS AND FEES FOR 5 FINAL PLATS 6 7 Sections Amended: Subdivision Regulations §§ 3.2 and 8.1 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Sections 3.2 and 8.1 of the Subdivision Regulations are hereby amended 16 and reordained to read as follows: 17 18 Sec. 3.2. Procedure for conditional preliminary plat approval. 19 20 (a) The subdivider shall cause to be prepared a preliminary plat with other material 21 required as set forth in section 6, and shall submit such number of copies as the 22 planning director shall require thereof to the planning director for processing and referral 23 to affected agencies, together with an application for approval and such fee as is 24 established by city council in relation to processing subdivision plats for plats involving 25 more than fifty (50) lots. The subdivider may prepare a preliminary plat, as described 26 above, for plats involving fifty (50) lots or less. Time limitations in relation to such 27 processing shall begin as of date of receipt of the preliminary plat, application and fee 28 as indicated on such documents when they are received by the planning director. 29 30 31 32 Sec. 8.1. Plat fees. 33 34 35 36 (c) At the time of final subdivision plats are submitted, the following fees shall be due 37 and payable from the effective date of this ordinance [July 1, 1999 July 1, 20141: 38 39 a Residential two (2) lot plats: Three hundred thirty-six dollars ($336.00), if 40 not submitted as a preliminary plat. 41 42 a) Residential three (3) to five (5) lot plats: Eight hundred forty dollars 43 ($840.00) plus one hundred sixty-eight dollars ($168.00) per lot, if not 44 submitted as a preliminary plat. 45 46 Residential six (6) to fifty (50) lot plats: One thousand one hundred eighty 47 eight dollars ($1,188.00) plus seven dollars ($7.00) per lot after the first 48 five (5) Tots, if not submitted as a preliminary plat. 49 50 (1)4 Residential six (6) or more lot plans: Five hundred ninety-four dollars 51 ($594.00) plus eight dollars ($8.00) per lot after the first five (5) lots, if 52 submitted as a preliminary plat. 53 54 () Nonresidential plats: One thousand one hundred eighty-two dollars 55 ($1,182.00) plus fifty-one dollars ($51.00) per lot, if not submitted as a 56 preliminary plat. 57 58 (24n Nonresidential plats: Five hundred eighty-two dollars ($582.00) plus fifty 59 four dollars ($54.00) per lot, if submitted as a preliminary plat. 60 61 COMMENT 62 63 House Bill 209 limits the requirement for preliminary plats to those which subdivide more 64 than 50 lots. A developer may still submit a preliminary plat, but one is only required with more 65 than fifty lots. 66 67 The fee revisions are necessary because fees were mainly collected with the preliminary 68 plat. Final plats fees were added in the same amount as preliminary plat fees for 2 to 5 lots, if no 69 preliminary plat was submitted. Final plat fees were also added for 6 to 50 lots, again in the same 70 amount as the preliminary plat fee, if no preliminary plat was submitted. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO CONTENT: � I 1 Planning , ! partment CA13005 R-3 May 2, 2014 APPROVED AS TO LEGAL SUFFICIENCY: 4. City AttorOffice 2 I Item 9 City of Virginia Beach An Ordinance to Amend Sections 3.2 and 8.1 of the Subdivision Regulations (Appendix B) Pertaining to Preliminary Plats and Fees for Final Plats. June 11, 2014 CONSENT House Bill 209 of the past session of the General Assembly limits the requirement for preliminary subdivision plats to those that subdivide more than 50 Tots. A developer may still submit a preliminary plat, but a preliminary plat is only required if there are more than fifty lots. The proposed fee revisions are necessary because fees were mainly being collected with the preliminary plat. Final plats fees were added in the same amount as preliminary plat fees for two to five lots, if no preliminary plat was submitted. Final plat fees were also added for 6 to 50 lots, again in the same amount as the preliminary plat fee, if no preliminary plat was submitted. A motion was made by Commissioner Hodgson and seconded by Commissioner Thornton to approve item 9. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 9 for consent. Bill Macali appeared before the Commission behalf of the City. f�fzt NV rra CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — An Ordinance to Amend Sections 1402 and 1408.1 of the Wetlands Zoning Ordinance (City Zoning Ordinance) Pertaining to Living Shoreline Projects Under a General Permit as an Authorized Use and Credit for In -Lieu Fees. MEETING DATE: July 1, 2014 • Background: House Bill 572 allows a Wetlands applicant to apply credit for in -lieu fees paid to the Virginia Aquatic Resources Trust Fund to any required local in -lieu fees imposed by the Wetlands Board. The Wetlands Zoning Ordinance must be amended to bring it into consistency with this new provision of the Virginia Code. • Considerations: The proposed amendment to Section 1402 of the Zoning Ordinance (Wetlands Ordinance) allows the construction of living shoreline projects within wetlands if those projects are authorized pursuant to a General Permit developed under Virginia Code Section 282-104.1B. The amendment to Section 1408 provides that if a Wetlands Board permit condition requires the contribution of in -lieu fees to offset permitted wetland losses, the Wetlands Board must credit the applicant if he or she has made in -lieu fee payments to the Virginia Aquatic Resources Trust Fund or another dedicated wetlands restoration fund. There was no opposition to the proposed amendments. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of the amendments. • Attachments: Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage 1 AN ORDINANCE TO AMEND SECTIONS 2 1402 AND 1408.1 OF THE WETLANDS 3 ZONING ORDINANCE (CITY ZONING 4 ORDINANCE) PERTAINING TO LIVING 5 SHORELINE PROJECTS UNDER A 6 GENERAL PERMIT AS AN AUTHORIZED 7 USE AND CREDIT FOR IN -LIEU FEES 8 9 Sections Amended: Wetlands Zoning Ordinance §§ 1402 & 1408.1 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Sections 1402 and 1408.1 of the Wetlands Zoning Ordinance are hereby 18 amended and reordained to read as follows: 19 20 Sec. 1402. Uses. 21 22 The following uses of and activities in wetlands are authorized, if otherwise 23 permitted by law: 24 25 (a) The construction and maintenance of noncommercial catwalks, piers, 26 boathouses, boat shelters, fences, duckblinds, wildlife management 27 shelters, footbridges, observation decks and shelters and other similar 28 structures; provided that such structures are so constructed on pilings as 29 to permit the reasonably unobstructed flow of the tide and preserve the 30 natural contour of the wetlands; 31 32 33 34 (1.1 The construction of living shoreline projects authorized pursuant to a 35 general permit developed under Va. Code § 28.2-104.1B. 36 37 38 39 40 41 42 COMMENT 43 44 House Bill 911 exempts living shoreline protects from the Wetlands Act if constructed 45 under the general permit issued for such activities. 46 47 Sec. 1408.1. Standards for use and development of wetlands. 48 49 (a) The following standards shall apply to the use and development of 50 wetlands and shall be considered by the Board in the determination of whether any 51 permit required by this article should be granted or denied: 52 .... 53 54 (d) Where an agreed-upon permit condition requires the contribution of in -lieu 55 fees to offset permitted wetland losses, the Wetlands Board shall credit the applicant for 56 any in -lieu fee payments made to the Virginia Aquatic Resources Trust Fund or another 57 dedicated wetlands restoration fund with reference to the same activity. 58 59 60 61 House Bill 572 allows a Wetlands applicant to apply credit for in -lieu fees paid to the 62 Virginia Aquatic Resources Trust Fund to any required local in -lieu fees imposed by the Wetlands 63 Board. 64 65 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 66 of COMMENT , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIE CY: CA13006 R-1 April 25, 2014 A„,, Jv1 City Attorney's Office 2 Items #10 & #11 City of Virginia Beach 10. An Ordinance to Amend Sections1402 and 1408.1 of the Wetlands Zoning Ordinance (City Zoning Ordinance) Pertaining to Living Shoreline Projects Under a General Permit as an Authorized Use and Credit for In -Lieu Fees. 11. An Ordinance to Amend Section1602 of the Coastal Primary Sand Dune Ordinance (City Zoning Ordinance) Pertaining to Living Shoreline Projects under a General Permit as an Authorized Use. June 11, 2014 CONSENT House Bill 572 allows a Wetlands applicant to apply credit for in -lieu fees paid to the Virginia Aquatic Resources Trust Fund to any required local in -lieu fees imposed by the Wetlands Board. House Bill 911 exempts living shoreline projects from the Coastal Primary Sand Dune Act if constructed under the general permit issued for such activities. A motion was made by Commissioner Hodgson and seconded by Commissioner Thornton to approve items 10 & 11. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved items 10 & 11 for consent. Bill Macali appeared before the Commission on behalf of the City. <<z EF; • CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — An Ordinance to Amend Section 1602 of the Coastal Primary Sand Dune Ordinance (City Zoning Ordinance) Pertaining to Living Shoreline Projects under a General Permit as an Authorized Use. MEETING DATE: July 1, 2014 • Background: House Bill 911 exempts living shoreline projects from the Coastal Primary Sand Dune Act if constructed under the general permit issued for such activities. The Zoning Ordinance must be amended to bring it into consistency with this new provision of the Virginia Code. • Considerations: The proposed amendment to Section 1602 of the Zoning Ordinance (Coastal Primary Sand Dune Ordinance) allows the construction of living shoreline projects within dunes if those projects are authorized pursuant to a General Permit developed under Virginia Code Section 282-104.1 B. There was no opposition to the proposed amendments. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of the amendments. • Attachments: Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: 1 AN ORDINANCE TO AMEND SECTION 1602 2 OF THE COASTAL PRIMARY SAND DUNE 3 ZONING ORDINANCE (CITY ZONING 4 ORDINANCE) PERTAINING TO LIVING 5 SHORELINE PROJECTS UNDER A 6 GENERAL PERMIT AS AN AUTHORIZED 7 USE 8 9 Section Amended: Coastal Primary Sand Dune Ordinance § 1602 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Section 1602 of the Coastal Primary Sand Dune Ordinance is hereby 18 amended and reordained to read as follows: 19 20 Sec. 1602. Uses. 21 22 The following uses of and activities in dunes are authorized, if otherwise 23 permitted by law: 24 25 (a) The construction and maintenance of noncommercial walkways which do 26 not alter the contour of the coastal primary sand dune; 27 28 . 29 30 (m) The construction of living shoreline projects authorized pursuant to a 31 general permit developed under Va. Code § 28.2-104.1B. 32 33 34 35 COMMENT 36 37 House Bill 911 exempts living shoreline projects from the Coastal Primary Sand Dune Act if 38 constructed under the general permit issued for such activities. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning D_'Aartment CA12993 R-1 April 29, 2014 City Attorney's Office I Items #10 & #11 City of Virginia Beach 10. An Ordinance to Amend Sections1402 and 1408.1 of the Wetlands Zoning Ordinance (City Zoning Ordinance) Pertaining to Living Shoreline Projects Under a General Permit as an Authorized Use and Credit for In -Lieu Fees. 11. An Ordinance to Amend Section1602 of the Coastal Primary Sand Dune Ordinance (City Zoning Ordinance) Pertaining to Living Shoreline Projects under a General Permit as an Authorized Use. June 11, 2014 CONSENT House Bill 572 allows a Wetlands applicant to apply credit for in -lieu fees paid to the Virginia Aquatic Resources Trust Fund to any required local in -lieu fees imposed by the Wetlands Board. House Bill 911 exempts living shoreline projects from the Coastal Primary Sand Dune Act if constructed under the general permit issued for such activities. A motion was made by Commissioner Hodgson and seconded by Commissioner Thornton to approve items 10 & 11. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved items 10 & 11 for consent. Bill Macali appeared before the Commission on behalf of the City. I !O rr:*..\\'''', CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — An Ordinance to Amend Section 111 of the City Zoning Ordinance Pertaining to the Definition of "Family." MEETING DATE: July 1, 2014 • Background: Currently, one of the definitions of `Family' is a group of eight or less individuals with mental illness, intellectual disability, or developmental disability that reside with one or more resident counselors or other staff persons in a state -licensed facility. • Considerations: House Bill 527 broadens the definition of family such that a counselor or staff person is not required to live in the home. Moreover, the staff person does not have to be a counselor. Clarification is also provided that the licensing authority is the Department of Behavioral Health and Developmental Services. The proposed amendments bring the Zoning Ordinance into compliance with the new provisions of the Virginia Code. There was no opposition to the proposed amendments. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of the amendments. • Attachments: Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: j\L. ' 1 AN ORDINANCE TO AMEND SECTION 111 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE DEFINITION OF 4 "FAMILY" 5 6 Section Amended: City Zoning Ordinance § 111 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 111 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 111. Definitions 18 19 .... 20 21 Family. A "family" is: 22 23 (a) An individual living alone in a dwelling unit; or 24 25 (b) Any of the following groups of persons, living together and sharing living 26 areas in a dwelling unit: 27 28 (1) Two (2) or more persons related by blood, marriage, adoption, or 29 approved foster care; 30 31 (2) A group of not more than four (4) persons (including servants) who 32 need not be related by blood, marriage, adoption or approved foster 33 care; 34 35 (3) A group of not more than eight (8) persons with mental illness, 36 intellectual disability or developmental disabilities residing with one 37 (1) or more resident counselors or other or nonresident staff 38 persons in a facility whose licensing authority is the dDepartment of 39 mental health, intellectual disability and substance abusc services 40 Behavioral Health and Developmental Services; provided, that 41 mental illness and developmental disability shall not include current 42 illegal use of or addiction to a controlled substance as defined in 43 section 54.1-3401 of the Code of Virginia; 44 45 (4) A group of not more than eight (8) aged, infirm or disabled persons 46 residing with one (1) or more resident counselors or other staff 47 persons in a residential facility or assisted living facility for which 48 the Virginia Department of Social Services is the licensing authority; 49 or 50 51 (5) A group of not more than two (2) adults, who need not be related by 52 blood or marriage, and the dependent children of each of the two 53 (2) adults, provided that the children are under nineteen (19) years 54 of age or are physically or developmentally disabled. 55 56 .... 57 58 COMMENT 59 60 House Bill 527 broadens the definition of "Family" to allow groups of 8 or less individuals 61 with mental illness, intellectual disabilities or developmental disability to be treated as a family, 62 even if the staff persons are not counselors or do not reside in the home. 63 64 Clarification is also provided that the licensing authority is the Department of Behavioral 65 Health and Developmental Services. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO CONTENT: PlanningTlepartment CA13007 R-1 April 25, 2014 APPROVED AS TO LEGAL SUFFICIENIY: City Attorney's Office 2 Item #12 City of Virginia Beach An Ordinance to Amend Section 111 of the City Zoning Ordinance Pertaining to the Definition of "Family." June 11, 2014 CONSENT House Bill 527 broadens the definition of "Family" to allow groups of eight or less individuals with mental illness, intellectual disabilities, or developmental disability to be treated as a family, even if the staff persons are not counselors or do not reside in the home. Clarification is also provided that the licensing authority is the Department of Behavioral Health and Developmental Services. A motion was made by Commissioner Hodgson and seconded by Commissioner Thornton to approve item 12. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 12 for consent. Bill Macali appeared before the Commission on behalf of the City. L. APPOINTMENTS DEVELOPMENT AUTHORITY HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE WETLANDS BOARD I M UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* ***************************** PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** 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 2014 CITY HOLIDAYS July 41/' - I ridu►, Labor Day - Mondays, September 1 Veterans 1)at' - Tuesday, iVovcrnber II Thanksgiving Day andDat` after Thanksgiving Thursday, November 27 and Friday„November 28 Christmas I've (half=dar) - Wednesday, December 24 Christmas 1)ay - Thursday, December 25 1 CITY COUNCIL RETREAT Economic Development Office Town Center Monday, September 8, 2014 8:30 AM to 5:00 PM /gw 07/01/2014 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 06/17/2014 AGENDA ITEM # SUBJECT PAGE: 1 MOTION VOTE D Y E R H E NOK L EENI YS J N A ENS M A R T MMS O S R 0 S S- H A M O NM DS S E S O U HL R 1 NND W 1 S 00 W 0 1 CITY COUNCIL'S BRIEFING HISTORIC PRESERVATION COMMISSION — Annual Report Bernice Pope, Chair 11/III/1V/V/ -E CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y F. MINUTES June 3, 2014 APPROVED 10-0 Y Y Y Y Y Y Y Y Y Y A B S T A I N E D G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. SENIOR ESSAY: Challenges Of Youth And Goals For The Future 2. RESOLUTION OF RECOGNITION 3. PROCLAMATION — Parks and Recreation Month 4. GENERAL ASSEMBLY RESOLUTION In Memorium of Tom Wilson Joanna Tan Mary Kay Horoszewski Michael Kalvort - Director Delegate Ron Villanueva Delegate Glenn Davis CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 06/17/2014 AGENDA ITEM # SUBJECT PAGE: 2 MOTION VOTE D Y E R H E NOK L EE YS J N A NI ENS M A R T MMS O S R 0 S S- H A M O NM DS S E S O U HL R 1 NND W 1 S 00 W 0 1/1 Ordinances to AMEND the City Code: a. §§2-459/2-461 re student members/annual reports for Human Rights Commission b. Resolution to GRANT exemption to City Code §7-59.1 to allow MARKLIN MCGUIRE re moped on Atlantic Ave during Resort season c. §4-1 re definition of SPECIAL EVENTS for Agritoursim activities ADOPTED, BY CONSENT Henley Disclosed 11-0 Y Y Y Y Y Y Y Y Y Y Y 2 Ordinance to AMEND §4 of the ARP Ordinance to allow Agritourism ADOPTED, BY CONSENT Henley Disclosed 11-0 Y Y Y Y Y Y Y Y Y Y Y 3. Ordinance to AUTHORIZE Second Modification to Town Center Phase V Development Agreement re the parking garage/retail ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 4 Ordinance to EXEMPT Real/Personal Property taxes in behalf of Military Aviation Museum DEFERRED FOR TWO (2) WEEKS 10-0 Y Y Y Y A B S T A 1 N E D Y Y Y Y Y Y 5 Ordinances to AUTHORIZE encroachments into portions of City- owned property: a. JOAN R. DAVIS on North Bay at 361 Back Bay Crescent DISTRICT 7- PRINCESS ANNE b. BREAKERS II CONDOMINIUM ASSOC re building/HVAC at Red Tide Road DISTRICT 5 — LYNNHAVEN ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y CITY OF VIRGINIA BEACH Ordinances to AUTHORIZE encroachments into portions of City- owned property known as Bass Inlet -East in Sandbridge Shores: DISTRICT 7- PRINCESS ANNE a. DAVID L./BONNIE A. MERRITT at 2805 Sandpiper Road b. DEBORAH M. COSTELLO at 301 ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS 7 Ordinance to APPOINT Viewers to assess street closure proposals ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y R Y 8 Ordinances re City Appointee ADOPTED, BY 0 Compensation for FY 2014-15: CONSENT S a. City Manager 10-1 Y DATE: 06/17/2014 PAGE: 3 Y N Y Y Y Y Y S- 11-0 Y Y Y Y Y Y Y Y Y Y Y c. City Clerk H S Y Y Y AGENDA Y Y Y Y Y H Y M A E Y W Y ITEM # SUBJECT N Y MOTION VOTE Y E J e. City Auditor A 11-0 M S U 1 Y Y Y Y Y Y D NOK Ordinance to TRANSFER $566,122 within the Sheriff's Budget re inmate medical contract ADOPTED, BY CONSENT R MMS Y Y HL Y W Y Y Y Y Y Y L N A T O O O R S 0 Y Y Y Y E EENI S NMI 00 League re ADA compliance in Ocean R Y S ENS DS NND 6 Ordinances to AUTHORIZE encroachments into portions of City- owned property known as Bass Inlet -East in Sandbridge Shores: DISTRICT 7- PRINCESS ANNE a. DAVID L./BONNIE A. MERRITT at 2805 Sandpiper Road b. DEBORAH M. COSTELLO at 301 ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y Tuna Lane 7 Ordinance to APPOINT Viewers to assess street closure proposals ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 8 Ordinances re City Appointee ADOPTED, BY Compensation for FY 2014-15: CONSENT a. City Manager 10-1 Y Y Y Y Y N Y Y Y Y Y b. City Attorney 11-0 Y Y Y Y Y Y Y Y Y Y Y c. City Clerk 11-0 Y Y Y Y Y Y Y Y Y Y Y d. City Real Estate Assessor 10-1 Y Y Y Y Y N Y Y Y Y Y e. City Auditor 11-0 Y Y Y Y Y Y Y Y Y Y Y 9 Ordinance to TRANSFER $566,122 within the Sheriff's Budget re inmate medical contract ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 10 Ordinance to ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ACCEPT/APPROPRIATE a $6,000 donation from Virginia Beach Little CONSENT League re ADA compliance in Ocean Lakes Community Park (DISTRICT 7- PRINCESS ANNE) J-1 CARMAX AUTO SUPERSTORES, INC. Modification of Conditions CUP APPROVED/ CONDITIONED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y (approved March 25, 2003) re car storage at 3801/3789 Bonney Road DISTRICT 5 — LYNNHAVEN 2 MICHAEL D. SIFEN/GEORGE APPROVED/ 10-0 Y Y Y Y A Y Y Y Y Y Y STREET CORP CUP re indoor Self- CONDITIONED, BY CONSENT B S Storage at 3443 Virginia Beach Boulevard DISTRICT 5 — LYNNHAVEN T A 1 N E D 3 HAMPTON ROADS SANITATION APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y DISTRICT CUP re a Communication REVISED Tower at 5332 Shore Drive CONDITIONS, BY DISTRICT 4 — BAYSIDE CONSENT CITY OF VIRGINIA BEACH ROBERT JEFFERY MOREAU CUP re APPROVED/ CONDITIONED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y firearm sales/repair at 1405 Ships Landing DISTRICT I — CENTERVILLE SUMMARY OF COUNCIL ACTIONS SUZETTE CIVIL -NOEL CUP re APPROVED/ CONDITIONED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y Daycare at 1941 Glen View Court DISTRICT 1— CENTERVILLE 6 RODNEY PRICE/AEGEAN ASSOC CUP re truck/trailer rentals at 4720B DENIED, BY CONSENT 11-0 Y Y Y Y Y Y Y R Y Y Y Princess Anne Road DISTRICT 2 - KEMPSVILLE 7 MID -ATLANTIC COMMERCIAL PROPERTIES/336 CEDAR ROAD, LLC CUP re fuel sales/convenience APPROVED/ CONDITIONED, BY CONSENT 11-0 Y Y Y Y Y Y Y 0 Y Y Y store at 720 Independence Boulevard DISTRICT 4 — BAYSIDE 8 LARAE TUCKER/THE HAYGOOD BEACH, LLC/PHILIP RICHARDSON CUP re fuel sales/ convenience store at APPROVED/ CONDITIONED, BY CONSENT 11-0 Y Y Y Y Y Y Y S Y Y Y 4904 Haygood Road DISTRICT 4 — BAYSIDE DATE: 06/17/2014 PAGE: 4 11-0 Y Y Y Y Y Y Y S- Y Y Y Conditional PD -H2 at 2800 to 2900 Princess Anne Road (Deferred April 8, 2014) DISTRICT 7 — PRINCESS ANNE 10 VB PROFESSIONAL BASEBALL, LLC/City in Princess Anne Commons: DISTRICT 7 — PRINCESS ANNE a. Conditional COZ from B-2/AG-1 to APPROVED AS PROFFERED/ CONDITIONED, BY CONSENT 11-0 Y Y Y Y Y Y Y H S Y Y Conditional B-2 a CUP re Baseball Stadium b. CUP re a Baseball/Softball Tournament Complex AGENDA H M A E W ITEM # SUBJECT MOTION VOTE E J A M S U 1 D NOK R MMS ILL W Y L N A T 0 0 OR S 0 E E E NI S NMI 00 R Y S ENS DS NND 4 ROBERT JEFFERY MOREAU CUP re APPROVED/ CONDITIONED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y firearm sales/repair at 1405 Ships Landing DISTRICT I — CENTERVILLE 5 SUZETTE CIVIL -NOEL CUP re APPROVED/ CONDITIONED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y Daycare at 1941 Glen View Court DISTRICT 1— CENTERVILLE 6 RODNEY PRICE/AEGEAN ASSOC CUP re truck/trailer rentals at 4720B DENIED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y Princess Anne Road DISTRICT 2 - KEMPSVILLE 7 MID -ATLANTIC COMMERCIAL PROPERTIES/336 CEDAR ROAD, LLC CUP re fuel sales/convenience APPROVED/ CONDITIONED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y store at 720 Independence Boulevard DISTRICT 4 — BAYSIDE 8 LARAE TUCKER/THE HAYGOOD BEACH, LLC/PHILIP RICHARDSON CUP re fuel sales/ convenience store at APPROVED/ CONDITIONED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 4904 Haygood Road DISTRICT 4 — BAYSIDE 9 FIVE MILE STRETCH ASSOC Conditional COZ from AG-1/AG-2 to DEFERED INDEFINITELY, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y Conditional PD -H2 at 2800 to 2900 Princess Anne Road (Deferred April 8, 2014) DISTRICT 7 — PRINCESS ANNE 10 VB PROFESSIONAL BASEBALL, LLC/City in Princess Anne Commons: DISTRICT 7 — PRINCESS ANNE a. Conditional COZ from B-2/AG-1 to APPROVED AS PROFFERED/ CONDITIONED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y Conditional B-2 a CUP re Baseball Stadium b. CUP re a Baseball/Softball Tournament Complex CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 06/17/2014 AGENDA ITEM # SUBJECT PAGE: 5 MOTION VOTE D Y E R H E NOK L E Y J N E S A N E M A R T 1 NS MMS O S R 0 S S- H A M O NM DS S E S O U HL R 1 NND W 1 S 00 W 0 11 SANDBRIDGE TOWING, INC/EDDIE LEE COOPER/LINDA A. ACKISS at Princess Anne Lane/ Princess Anne Road: DISTRICT 7 — PRINCESS ANNE a. Conditional COZ from AG -2 to APPROVED AS PROFFERED( #1 DELETED) CONDITIONED (#1 REVISED) 11-0 Y Y Y Y Y Y Y Y Y Y Y Conditional B-2 b. CUP re towing service/storage yard 12 NEW CINGULAR WIRELESS PCS, LLC/CYPRESS POINT ENTERPRISES, INC. at 5340 Club DEFERRED INDEFINITELY, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y Head Road: DISTRICT 4 — BAYSIDE a. Conditional COZ from Conditional PD -H2 to Conditional P-1 b. CUP re a communication tower 13 KEMPDEL, INC./SHURNEY LANE APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y COZ from Conditional PD -H2 to P-1 re BY CONSENT open space for a condo at 881 Shurney Lane. DISTRICT 4 — BAYSIDE 14 CITY: a. AMEND §§1803/1804 of CZO re DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y Discretionary Development Applications in Oceanfront Resort INDEFINITELY, BY CONSENT b. AMEND §§400/401of CZO re ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Purpose of Agricultural CONSENT Districts/Permitted (HENLEY Uses/Agritourism/Sales/ REPEAL DISCLOSED) §241 re Riding Academies/Horses for Hire or Boarding c. AMEND CZO re Oceanfront ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Resort Height Map at 1609/1701 CONSENT Atlantic Avenue. d. Street Closure re portion of former ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Oakmears Crescent relocated CONSENT Princess Anne Road e. Street Closure re r -o -w of Oakmears ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Crescent CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS APPOINTMENTS HUMAN RIGHTS COMMISSION WETLANDS BOARD RESCHEDULED B YCONS ENS U S DEVELOPMENT AUTHORITY Reappointed 4 Yr. Term 9/1/14-8/31/18 Linwood O. Branch, III Dorothy Wood 11-0 Y Y Y Y Y Y Y Y R Y Y HEALTH SERVICES ADVISORY BOARD Appointed -- Unexpired Term + 3Yrs. Thru 3/31/18 Hal W. Breedlove 11-0 Y Y Y Y Y Y Y Y Y 0 Y INVESTIGATIVE REVIEW PANEL Reappointed 3 -Yr. Term 9/1/14 — 8/31/17 Nony E. Abrajano Brian P. Dewan 11-0 Y Y Y Y Y Y Y Y Y Y S PARKS AND RECREATION COMMISSION Reappointed 3 -Yr. Term 9/1/14 — 8/31/17 Joan Davis (Princess Anne) Sharon Felton (At -Large) Michael Fentress (At -Large) 11-0 DATE: 06/17/2014 PAGE: 6 Y Y Y Y Y Y Y Y S- PUBLIC LIBRARY BOARD Reappointed — 3 -Yr. Term 9/1/14 — 8/31/17 Joseph W. Hood Cheryl Savage Guy K. Tower 11-0 Y Y Y Y Y Y Y Y Y Y Y H S 11-0 Y Y AGENDA Y Y Y Y Y H Y Y M 2040 VISION TO ACTION COMMUNITY COALITION A E Y W Y ITEM # SUBJECT Y Y MOTION VOTE Y E J MiN/0 A 7:53 PM M S U 1 D NOK R MMS HL W Y L N A T O O O R S 0 E EENI S NMI 00 R YS ENS DS NND L APPOINTMENTS HUMAN RIGHTS COMMISSION WETLANDS BOARD RESCHEDULED B YCONS ENS U S DEVELOPMENT AUTHORITY Reappointed 4 Yr. Term 9/1/14-8/31/18 Linwood O. Branch, III Dorothy Wood 11-0 Y Y Y Y Y Y Y Y Y Y Y HEALTH SERVICES ADVISORY BOARD Appointed -- Unexpired Term + 3Yrs. Thru 3/31/18 Hal W. Breedlove 11-0 Y Y Y Y Y Y Y Y Y Y Y INVESTIGATIVE REVIEW PANEL Reappointed 3 -Yr. Term 9/1/14 — 8/31/17 Nony E. Abrajano Brian P. Dewan 11-0 Y Y Y Y Y Y Y Y Y Y Y PARKS AND RECREATION COMMISSION Reappointed 3 -Yr. Term 9/1/14 — 8/31/17 Joan Davis (Princess Anne) Sharon Felton (At -Large) Michael Fentress (At -Large) 11-0 Y Y Y Y Y Y Y Y Y Y Y PUBLIC LIBRARY BOARD Reappointed — 3 -Yr. Term 9/1/14 — 8/31/17 Joseph W. Hood Cheryl Savage Guy K. Tower 11-0 Y Y Y Y Y Y Y Y Y Y Y REVIEW AND ALLOCATION COMMITTEE — COG Reappointed 3 -Yr. Term 9/1/14 — 8/31/17 Richard A. Alaghan Terry Jenkins 11-0 Y Y Y Y Y Y Y Y Y Y Y 2040 VISION TO ACTION COMMUNITY COALITION Appointed — No Term Michael Cullipher M. Benjamin Davenport REMOVED Donald H. Horsely and Andrew Fine 11-0 Y Y Y Y Y Y Y Y Y Y Y MiN/0 ADJOURNMENT 7:53 PM 2014 CITY HOLIDAYS Independence Day - Friday, July 4 Labor Dal' - ;Monday, September 1 1'eteruns Day - Tuesday, November /1 "Thanksgiving Day and 1)uy after Thanksgiving — Thursday, November 27 and Friday, November 28 ( /,risnnas Eve (half-day) - Wednesday, December 24 Christmas Day - Thursday, December 25 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 Suite 700 4525 Main Street (Corner of Columbus & Main Streets) Town Center CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 06/17/2014 AGENDA ITEM # SUBJECT PAGE: 7 MOTION VOTE D Y E R H E NOK L E YS J N E A NI E M A R T NS MMS 0 S R 0 S S- H A M 0 NM DS S E S O U HL R 1 NND W 1 S 00 W 0 2014 CITY HOLIDAYS Independence Day - Friday, July 4 Labor Dal' - ;Monday, September 1 1'eteruns Day - Tuesday, November /1 "Thanksgiving Day and 1)uy after Thanksgiving — Thursday, November 27 and Friday, November 28 ( /,risnnas Eve (half-day) - Wednesday, December 24 Christmas Day - Thursday, December 25 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 Suite 700 4525 Main Street (Corner of Columbus & Main Streets) Town Center