The URL can be used to link to this page

JULY 8, 2014 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLlAM D. SESSOMS, JR., At-La•ge V/CE MAYOR LOUlS R. JONES, Bavside - Disb-ict 4 R086RT M. DYER, Centeiville - Disti-ict 1 BARBARA M. HENLEY, Princess Anne - Disti-ict 7 SHANNON DS KANE, Rose Hnll - Disti-ict 3 BRAD MART/N, P.E., At Lm•ge JOHN D. MOSS, At Lm-ge AMELIA ROSS-HAMMOND, KenipsviUe - Disti-ict 2 JOHN E. UHRIN, Bendi - Disti-ict 6 ROSEMARY WlLSON, At-Lmge eRLCWO°09C&fY;''XW?1`v' WES CITY MANAGER - JAMES K. SPORE ClTYATTORNEY- MARK D. STlLES C/TY ASSESSOR - JERALD D. BANAGAN C/TYAUDlTOR - LYNDONS. REM/AS CI7'3'CLERK RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 08 JULY 2014 1. CITY MANAGER'S BRIEFINGS - Conference Room - A. DOMINION VIRGINIA POWER OFFSHORE ENERGY PROJECT UPDATE: C. Max Bartholomew, Jr., Area Manager Community & Government Affairs, Dominion Virginia Power B. 2009 COMPREHENSIVE PLAN PROJECT KICKOFF, REVIEW and UPDATE Jack Whitney, Director - Planning Jeryl Phillips, Comprehensive Planning Coordinator C. ARENA 1NFRASTRUCTURE Doug Smith, Deputy City Manager II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL COUNCIL 3:30 PM 5:00 PM C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Randy Singer Pastor Trinity 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 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. "VIRGINIA BEACH CIVIC DAY" J1 Visa Work and Travel Program - International Students Nancy Marscheider 1. ORDINANCE S/RESOLUTIONS July 1, 2014 1. Ordinance to AMEND Section 2-452.1 of the City Code re Chesapeake Bay Preservation Area Board 2. Ordinance to ACCEPT and APPROPRIATE a donation of $30,000 from Boys Baseball of Lynnhaven Incorporated re improvements to Lynnhaven Baseball Complex 3. Resolution to AUTHORIZE and EXECUTE a Memorandum of Agreement (MOA) ESTABLISHING the Hampton Roads Regional Water Quality Monitoring Program 4. Ordinance to AUTHORIZE temporary encroachments into portions of City Property known as Lake Joyce for MEADE A. and SUSAN FOWLKES re riprap rubble and existing bulkhead, existing pier, platform access way and constructing/maintaining a riprap revetment, access landing, stairway and pier platform DISTRICT 4 - BAYSIDE 5. Ordinance to TRANSFER funds to the FY 2014-15 Schools Operating Budget to provide a 3% salaryincrease a. $594,500 to the Instruction Classification b. $ 58,000 to the Operations Classification c. $ 29,000 to the Transportation Classification d. $ 21,750 to the Administration, Attendance and Health Classification C. $ 21,750 to the Technology Classification J. PLANNING 1. Application of CROWN CASTLE USA, INC. for a relocation of a Nonconforming Structure re a communication tower at Meadow Ridge Lane (deferred February 25, Maxch 11, April 8 and May 27, 2014) DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 2. Application of THE TERRY COMPANIES FIVE, LLC for a Conditional Use Permit re multifamily dwellings at Ocean Shore Avenue DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 3. Application of MARY MEYER far a Conditional Use Permit re home-based wildlife rehabilitation at 547 Susan Constant Drive DISTRICT 5 - LYNNHAVEN RECOMMENDATION STAFF RECOMMENDS APPROVAL PLANNING COMMISSION RECOMMENDS DENIAL 4. Application of VIRGINIA BEACH HORSEBACK/CHARLIE and ROSEMARY THOMPSON for a Conditional Use Permit re horses for hire at 1117 Horn Point Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION DENIAL 5. Application of FRANKLIN JOHNSTON GROUP MANAGEMENT DEVELOPMENT, LLC /TRUSTEES OF FIRST LYNNHAVEN BAPTIST CHURCH for a Change of Zoning from AG-1 Agricultural to Conditional A-18 Apartment re multi-family dwelGngs at 2673 Princess Anne Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL K. APPOINTMENT DEVELOPMENT AUTHORITY L. UNFINISHED BUSINESS M. NEW BUSINESS N. 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 ******?**************?*??*??*?? CITY COUNCIL RETREAT Monday, September 8, 2014 8: 30 AM to S: 00 PM Economic Development Office Town Center 4525 Main Street, Suite 700 CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZENDIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS - 4: 00-6: 00 PM 2014 CITY HOLIDA YS Lubor l)ceV - Moticlay, Septeinber 1 Vcftcx•ccns Day - Tuesday, A'nvetrrfier 11 Thutaksgiviazg Day cznrd Drq qfter TiiaFik.sgiving - Thear•saftg, 1Vovetrtber 27 ar7rl Fr•idrg, 11'ravemGer 28 Chri,stmczs Eve (hulf-daj) - Wedrregclcg, Decernbel• 24 C'ltr~istmas Da,y - Thux°sdrg, Deeembei• 25 -1- ?. j ? u ??r.?t 61:H ;tibSt?et? VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 8, 2014 Mayor William D. Sessoms, Jr., called to order City Council's Informal Session, in the City Council Conference Room, Tuesday, July 8, 2014, at 3: 30 P.M. Council Members Present.• Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 8, 2014 -z- CITYMANAGER'S BRIEFING DOMINION VIRGINIA POWER OFFSHOREENERGYPROJECT UPDATE ITEM #63993 3:30 P.M. Mayor Sessoms welcomed Max BaYtholomew, Jr., Area Manager Community & Government Affairs- Dominion Virginia Power. Mr. Bartholomew expressed his appreciation to Ciry Council and City Manager Spore for the support of the Offshore Energy/Wind Project. Mr. Bartholomew advised this project is one of the most exciting projects in which Dominion Virginia Power has been involved. He introduced two (2) other pominion Power Members of the Project Team, Robert Hare, Senior Business Development Manager and Steve Pietryk, Engineering and Construction Manager. Due to the technical nature of this presentation, Mr. Bartholomew invited Mr. Hare to make the presentation. MY. HaYe provided an update to the Offshore Ener•gy/Wind Project, specifically two Projects - Virginia Offshore Wind Technology Advancement Project (VOWTAP) and Commercial Development. VOWTAP is a two turbine project. The Commercial Development of this Project is the large 113,000 acres of properry located twenty four (24) nautical miles off of the Coast of Virginia Beach. In 2012, VOWTAP was one of seven projects selected to receive a$4-Mlllion Grant from the Department of Energy (DOE) to conduct initial engineering and environmental surveys during Phase I. Then, VOWTAP was one of three (out of the original seven) to be selected to receive an additional $47-Million GYant for Phase II. The Project Team consists of local and international partners who are well versed in Offshore Wind Development. From the water to the tip of the blade is 574 feet, with the maximum water depth of 86 feet. Again, the turbines will be located twenty four (24) nautical miles off of the Coast of Virginia Beach. In an effort to minimize impacts on the land, the cables that convert the wind to energy will be buried under the beaches and connect at Camp Pendleton in Virginia Beach. The turbines are designed to be "hurricane resilient" with the commercial operation projected to begin in 2017. In order to install the turbines, a Jack Up Vessel " will be used. Interestingly, there are oialy two or three of this type vessel in the world. The vessel sails out and lifts itself up to provide a stable platform for the turbines to be constructed. Two of the three blades will be affixed on shore and transported out to sea. The third and final blade will be affzxed at the actual site in the Sea. At the Turbine Site, they are conducting a Geotechnical Investigation by collecting samples at the turbine site. July 8, 2014 -3- CITY MANA GER'S BRIEFING DOMINION VIRGINIA POWER OFFSHORE ENERGY PROJECT UPDATE ITEM #63993 (Continued) At the end of each Budget PeYiod (essentially one year), the Project Team asses the project to ensure all phuses are moving along with the goal of 2017 Commercial Development/Operation. The first budget period is complete. Budget Period Two will consist of developing the engineering to support the design and construction of this Project. The Project Team is contemplating taking this PYOject before the State Corporation Commission (SCC) for review and approval in late 2015. Once the SCC has approved the Project, the procurement of goods will begin to ensure operation by the end of 2017. The Commercial Development of this Project is 113,000 acres. Dominion, being successful at the competitive auction, was awarded a thirry-eight (38) year lease. However, Dominion has five years from November 2013 to collect the data to support the engineering, design and construction. Once complete, the Project has a twenty-five (25) year commercial operating life and support up to 2, 000 MW. Based on the proposed schedule, VOW7'AP leads and feeds into the Commercial Development portion of this project. Commercial Development will benefit from data of VOWTAP. The Sight Assessment Plan has been submitted and the next part of this Project is to create a Construction and Operation Survey Plan. The VOWTAP project is paying for the deployment of three buoys to collect data; however, the Commercial Development portion of this Project will also be able to use the data collected. Mayor Sessoms expressed his appreciation to everyone working on this exciting project. July 8, 2014 -4- CITYMANAGER'S BRIEFING COMPREHENSIVE PLAN PROJECT KICKOFF, REVIEW AND UPDATE ITEM #63994 3:50 P.M. Mayor Sessoms introduced and welcomed Jack Whitney, Director - Planning Department. Mr. Whitney expressed his appreciation to City Council for their corrtinued support in the development of the City's Comprehensive Plan: Today's Briefzng is to provide an update on the Comprehensive Plan. The City has had a Comprehensive Plan since 1979: July 8, 2014 -5- CITY MANA GER'S BRIEFING COMPREHENSIVE PLANPROJECT KICKOFF, REVIEWAND UPDATE ITEM #63994 (Continued) As the years passed, each Comprehensive Plan became a bit more sophisticated: The Comprehensive Plan has grown to implement Form Base Code, the City's Strategic Plan, as well as coordinate Public/PYivate Development Projects all in line with the Capital Improvement Projects: July 8, 2014 -6- CITYMANAGER'S BRIEFING COMPREHENSIVE PLAN PROJECT KICKOFF, REVIEWAND UPDATE ITEM #63994 (Continued) The City has developed each of the Comprehensive Plans, the first being in 1979 with nine (9) Planning Areas: The first use of the term "Green Line " began with the 1985 Comprehensive Plan: July 8, 2014 -7- CITY MANA GER'S BRIEFING COMPREHENSIVE PLAN PROJECT KICKOFF, REVIEWAND UPDATE ITEM #63994 (Continued) In 1991, three (3) Transition Areas were defined and eventually were consolidated into the current "Transition Area ": In 1997, the City began taking a serious look at what became Town Center and began redevelopment of that are near Pembroke: ?i . July 8, 2014 -8- CITY MANA GER'S BRIEFING COMPREHENSIVE PLANPROJECT KICKOFF, REVIEW AND UPDATE ITEM #63994 (Continued) In 2003, Strategic Growth Areas weYe introduced recognizing redevelopment in the Northern part of the City.• All eight (8) Strategic Growth Area Plans are complete and incorporated by reference into the Comprehensive Plan. Importantly, the City has always had a Master Transportation Plan: July 8, 2014 -9- CITY MANA GER'S BRIEFING COMPREHENSIVE PLAN PROJECT KICKOFF, REVIEW AND UPDATE ITEM #63994 (Continued) In 1979, a group of Planners came up with the Comprehensive Plan; however, input has expanded tremendously and has progressed into a sophisticated public involvement. In 2009, the City hosted numerous open houses, meetings and hearings: Below are the Suburban Focus Areas and Strategic Economic Growth Areas: July 8, 2014 -10- CITYMANAGER'S BRIEFING COMPREHENSIVE PLAN PROJECT KICKOFF, REVIEW AND UPDATE ITEM #63994 (Continued) Below are the Princess Anne Commons and the Transition Area as currently configured.• CD, h\?? ' ? - 3 • :A r Princess Anm Commons & Transition Area The term "Green Line " came ftom looking at the naap and everything below the "line " was green, which is the rural area in the Ciry: July 8, 2014 -11- CITY MANA GER'S BRIEFWG COMPREHENSIVE PLAN PROJECT KICKOFF, REVIEW AND UPDATE ITEM #63994 (Continued) The Master Transportation Plan has always been a part o f the Comprehensive Plan: Over the years, Environmental Stewardship has become a key part of the Comprehensive Planning effort.• July 8, 2014 -12- CITY MANA GER'S BRIEFING COMPREHENSIVE PLAN PROJECT KICKOFF, REVIEWAND UPDATE ITEM #63994 (Continued) As the City's housing and infrastr°ucture ages, the Housing and Neighborhood Plan has become vital in the Comprehensive Plan: BRAC and compatibility with Oceana has impacted the design of the City: July 8, 2014 -13- CITYMANAGER'S BRIEFING COMPREHENSIVE PLAN PROJECT KICKOFF, REVIEWAND UPDATE ITEM #63994 (Continued) Below is a list of considerations for the upcoming 2015 Comprehensive Plan: July 8, 2014 -14- CITYMANAGER'S BRIEFING COMPREHENSIVE PLAN PROJECT KICKOFF, REVIEW AND UPDATE ITEM #63994 (Continued) Public Involvement Strategy is proposed in two (2) phases: Below are the next steps: Mayor Sessoms expressed his appreciation to Mr. YVhitney and the entire Planning Staff for their continued hard work. July 8, 2014 -15- CITY MANA GER'S BRIEFING ARENA INFRASTRUCTURE ITEM #63995 4:10 P.M. Mayor Sessoms introduced and welcomed Doug Smith, Deputy City Manager. Deputy City Manager Smith expressed his appreciation to City Council and Staff for their assistance in bringing him "up to speed " on this proposed Project: Deputy City Manager Smith provided the overview below for today's Briefing.• 2 Presentation Overview • Background • Discussion of preiiminary canceptual cost estimates for public infrastructure based an concept plans • Parking assumptions, needs and costs • Roadway impravements and costs • Site development, utility improvements and casts • Overall project infrastructure costs • Discussian of path farward July 8, 2014 -16- CITY MANA GER'S BRIEFING ARENA INFRASTRUCTURE ITEM #63995 (Continued) Below is the background for the proposed Project: Background • November 8, 2013: City received an unsolicited private proposai from the W.M. Jordan Company, HKS Sports & Entertainment, and Giobal Spectrum. • November 12, 2013: City Council authorized the City Manager to accept the proposal for further study. The Council agreed to allow 90 days for campeting private proposais to be submitted. • February 17, 2014: City received an arena proposal from a consortium of United States Management LLC, AECOM Architects, Clark Nexsen Architects, Mortenson Gonstruction, SB Ballard Construction and SMG. On May 27, 2014, Ciry Council adopted a Resolution directing City Staff to pursue negotiations with USM. Currently we are in the pYOCess of preparing a report deteYmining the scope and cost of public infi^astructure: Background March 24, 2014: Both companies presented their proposals to the City Council-appointed Citizens Communications Committee. May 13, 2014: City Council received a briefing from Convention Sports & Leisure (CSL), a consuikant brought in to provide an independent overview of each proposal. May 27, 2014: City Council adopted a resolution directing the city staff to: • Pursue negotiations with USM; • Hold the PPEA process and the Jordan proposal pending the outcome of these negotiations, • To prepare a report determining the scope and cost of public infrastructure, and ? Co e involvement of the Citizens Communications ?Committee. July 8, 2014 -17- CITYMANAGER'S BRIEFING ARENA INFRASTRUCTURE ITEM #63995 (Continued) Below is USMProposal details: 51 USM Prop?osai Details • USN3 proposal is to construct a locally owned, privately financed 18,000-seat capacity, 550,000-square foot entertainment and sports venue adjacent to the Virginia Beach Convention Center • The facility would incorporate flexibie seating and the amenity upgrade capab+lities necessary to attract a professional sports franchise. ..ws??. ,..? ?,,. ?..,...? USM's Proposal creates a`year-round attraction at the Oceanfront boosting business between October and April: USNI Proposal • The Arena, as proposed, accomplishes three major goals for the City: • Establishes a significant economic generator in Virginia Beach, creating new jobs and attracting new events and new visitors to the City • Greates a year-round attraction at the oceanfront, boosting existing businesses and dramaticaliy enhancing the Citys national convention draw • Provides a signature development that wiil offer events consistent with our Citys stature and enhance our national and international exposure. • Council directed staff to develop preliminary conceptual cast estimates for public infrastructure based upon canceptual plans. The foliowing presentation provides the qrelimina[v infrastructure costs. sl July 8, 2014 -18- CITY MANAGER'S BRIEFING ARENA INFRASTRUCTURE ITEM #63995 (Continued) Depury City Manager Smith introduced and welcomed Carl Tewksbury, Senior Vice-President - Kimley- Horn, who pYOVided a summary of the following: 71 Kimley-Horn Presentation Summary • Parking Assumptions, Needs, and Costs • Roadway Improvements and Costs • Site Development, Utility Improvements, and Costs • Overall Preliminary Conceptual Cost Estimates Presented by Carl Tewksbury, P.E. _ Sc Vice Presidenf; Kimley-Horn Mr. Tewksbury expressed his appreciation to Ciry Council, City Manager Spore, Deputy Ciry Manager Smith and City Stafffor their assistance in pYeparing these preliminary conceptual cost estimates: July 8, 2014 -19- CITY MANA GER'S BRIEFING ARENA INFRASTRUCTURE ITEM #63995 (Continued) The proposed Arena is set to accommodate 18, 000 seats; however, only 15,500 will be permanent seats. For events held during October thru April, the design attendance is estimated to be at 90% of the seats or 13,950. Other parking and traffic assumptions are ideiztified below: 91 Parking and Traffic Assumptions • Attendance LeveislArena Size: • 18,000 seat capacity 15.500 permanent seats • 13,950 design attendance (90°l0 of 15,500) Oct-April • 7,500 design attendance (90°10 of 8,300) May-September • Conventian Center Overlap: 300 parking spaces • Mode Split: 85% vehicular; 15°l0 other • Vehicle Occupancy: 2.75 people per vehicle • Shared Parking Occupancy: 50% • Occupancy of Public Parking: 5% OcFober-April; 70°/fl May- September • Acceptable Walking Distance to/from Qome Site: 15-17 minutes • Employees will park off-site for large events 2,770 parking spaces are planned on-site and it is important to coordinate and collaborate with adjacent property owners for additional parking when scheduling events: 14 Parking Demand Planned On-Site 2,770 2,770 - Proposed Additional Surface Parking (Treasurer's elock) 400 400 Available Public Spaces-w/in Dome walking distance 511 161 AvailableCOmmercial5paces-w/inDomewalkingdisiance 341 108 Available Shared Parking Spaces (5096 of Available Invenrory) 578 578 Total Parking Inventory Availabie 4,600 4,017 Arena Parking Demand 4,312 2,318 VBCC Parking Demand 300' 300' Toul Parking Demand . 4,612 2,618 ParkingSurDlusJDeficit ` -12 1,399 -- AMicipated Peopletobe5huttled 40 0 ` VBCC parking demands for larger events will be met by reserving parking directly adjacent to the facility. This will require additionai people to be shuttled for arena events. July 8, 2014 -20- CITY MANA GER'S BRIEFING ARENA INFRASTRUCTURE ITEM #63995 (Continued) The total planned, or available parking totals 4,600, based on the Parking Inventory: 11 Parking Inventory 2770 Fiannetl On-Site Parkinq ........... 400 Proposed Surtace Parking Lat 852 Avaflable wiin Dome Walking Distance Oci. - April ?? '.. (PUDiic and Commercial Inventory) '??.. 578 Available Shared Parkinn Lots ? ? ?? '??.. 4,600 Total Planned or Availa6le , . ? '?.. . r` .. . ?S ':.... ._. ? . . , . < ' .. . ? 15-17 P1in VValk v. ? ib w& ,..? im A ? . _ ...: ? . , - LEGEND Proposed Parking Shared Parking . ? Commercial Parking ' ... ? , . -. _ . ?, . . . . . . ... ??. July 8, 2014 -21- CITYMANAGER'S BRIEFING ARENA INFRASTRUCTURE ITEM #63995 (Continued) We anticipate 70% of the traffic coming into the area will coine from the Interstate. The goal is to make improvements flexible to ensure the Traffic Management Plan to operate as efficient as possible: 13 I 7'raffic Distributions ? Below are the suggested improvements to Birdneck Road.• Roadway Impro vements Birdneck Road ,_?,;??,,? , To ? ? ?t? • t;.a f rtlnec+. Ri medlai?•, . ?eno?t • i.f:odt_T. Fc.Si?nal r^-4 ?,4. ?9 ua??,aa?a i e r;. • nioa: :n ..i?:?uo? - - t Ptae.ry silov - .. T:h iane `JF . ???v? ? • ?e3 p d SeTh J.? -ar, = j ??}? kec ; i •> . J' . ' _ ? ^ ??..SUS?rf.r.,• , . .. L Y cn a y I?? . ? ,y yF ?E1'<cx Jw 14 I July 8, 2014 -zz- CITYMANAGER'S BRIEFING ARENA INFRASTRUCTURE ITEM #63995 (Continued) Below are the suggested improvements to 19`h StYeet: Roadway impra?vemen#s 19t'' Sfireet 15 + ""'6' ". . ". . ..... 'g <...- Dnvev:aN13"-St ?? iopasudRd/i's*9t ? • Cons:ructEBRVdh27?mLana ? ?? • ANOw Sacona Riyhf T,m Lana " . om Throi.gh I.:,ne :E ,rent Jnl?v'? ft..onsevctEO Righf luin Lene d lulv P..^C'q Below are the suggested improvements to Virginia Beach Boulevard: Roadway Improvements Virginia Beach Bouievard ,- l: r K-h HIUd ? E nffive E I ? ~ r ? y ? y n:.4-etlandRlphtT- -y es hom Na-v Pa*k:rm Lct nst??.tWB RiytitTU=n Lan¢ - t ntlEB e{iT-", - ctl. n tlTnrou?.?F,.'unt te ?uU Le'I arA Z'qti'_s, t.:='r m N5'.v Le-irc;niJev:pef+;r:pLe! Fek.m;Let • r ?. ict Ccn.,: N., Rightilrn Lane . ?,,,?a. TY nigh!T?:n • Resh:yel'utentl?L^ftT?rnLe?Y Lene 16 1 July 8, 2014 -23- CITY MANA GER'S BRIEFING ARENA INFRASTRUCTURE ITEM #63995 (Continued) Below are the suggested improvements to Parks Avenue: Roadway Improvements Parks Avenue ? .fs ? .. . . Re?tripeNE-hrouav?;FiyFITi:.,n t.ane . . • F??ow shsrcd E6 T rouuh!4iGnt ?.i ? . ., n..:.u IEBRgI..Turn?ane ? ?qgyNST- Contrafiiow?ln ? .... c T ..? ... fionttaflow Qut ItAt 11 17 1 The largest costs are associated with the improvements on Birdneck Road and 19"" Street: Roadway Improvements Birdneck RoadJ1-264 Eastbound Off-Ramp ImprovemeMS' $761,000 6irdneck Road/I-264 Westbound On-Ramp Improvements $131,000 Birdneck Road/19th Street improvements $1,590,000 19th Street/West Parking Lot Access Improvements $175,000 Birdneck Road/Virginia 8each Boulevard Improvements $200,000 Virginia Beach Boulevard/Parking Lot AccessJBirch Lake Drive $370,000 Improvements Virginia Beach BoulevardJParkiog lot AccessJSeabridge Road . .$307,000 Improvements Virginia Beach Boulevard/Jefferson Avenue Improvements $236,000 Parks Avenue/19th Street{Monroe Avenue Improvements $100,000 Parks Avenue between 19th and 22nd Street Improvements $11,000 Parks Avenue/21st Street Improvements . $318,000 Parks Avenue(22nd Street Improvements $125,000 Wayfinding & Directional Signing $150,000 Total $4,478,000 18 1 July 8, 2014 -24- CITY MANA GER'S BRIEFING ARENA INFRASTRUCTURE ITEM #63995 (Continued) Mr. Tewksbury provided a variety ofpossible Utility costs: zo utilities Water $257,000 Sewer $1,105,000 Drainage* $1,301,000 Electric Duct Banks (Dominion Virginia Power) $1,680,000 Telecommunications (Verizon and Cox) $279,000 Virginia Natural Gas $100,000 Total $4,722,000 ? „ _i?J?? t e uf E err[22t .. Fd.t.r.? -,...,t ca{t w n u2velcnmenf Jul'8.20i4 July 8, 2014 -25- CITY MANA GER'S BRIEFING ARENA INFRASTRUCTURE ITEM #63995 (Continued) In order to get the Site ready to develop, the proposed Demolition Plan costs are approximately $880, 000.• Below is the Site Development Area: Site Devetopment Areas = zz July 8, 2014 -26- CITY MANA GER'S BRIEFING ARENA INFRASTRUCTURE ITEM #63995 (Continued) The total preliminary conceptual cost for Site Development is $23,413-Million: 23 1 S?Ite DPVGlopfYi@11t Surface Parking DevelopmeM(Asphalt) $2,979,000 Surface Parking Development (Permeable Pavement) $3,738,000 Surface Parking Development (Pavers) $2,661,000 Site Lighting $1,575,000 Internai Roadways $2;100,000 19°h Street Streetscape $341,000 400 Space Off-Site Surface Parking lot $1,200,000 (Treasurer's Site) Hardscaping (Plaza Pavers and Paver Walkways) $2.752,000 East and West Concourse AccesSTreatment $1,000;000 Enhance Veteran's Memorial and Park $250,000 Marquees $3,000,000 Site Furnishings and Irrigation $1,047,000 Environmental $770,000 Total $23,413,000 Other optional Site Development areas the City may want to consider to enhance the project are estimated at an additional $26-Million: Optional Site Develapment Areas 24 1 V 7 , •?_ 191 s tre ? - N, ` ., ' .. ,r&Illa 8epG28 I vaid , : V . ` • ... L 0 inGIW1M1 'E}.'FI 6VGIBF [l G? R''iNTtF „E.' ON IM:'f U cM_:TS '-? BIR?kE P O.? SiP,EEt:;CAP[ ? ? '.?UARC STR[FTS?+?P[ ? VIRGI[d?A.B=ACli FlGU? ? C=?S?..=E':S'NEETSCIFE If.a>'W?VEME'JT 5 Virginia Beach eoulevard Street5[ape $7.473,000 Birdneck Road Streetscape $2,482,000 Intersection improvements $6,491,000 19'^ Street Streetscape Improvements $9,716,000 Total $26,162,004 s.^.nt ;?cluds rig'.:t-o: r?zY ac9uta.ucn'Yat may be nc,ce?s_jry ? ?a???y:..?mt?,; „F e July 8, 2014 -z7- CITYMANAGER'S BRIEFING ARENA INFRASTRUCTURE ITEM #63995 (Continued) The overall preliminary conceptual project costs to the City are just over $52.6-Million: - Zs Overall Prelimenary Canceptuai Project Costs Mobilization $2,500,000 Roadway improvements $4,478,000 Utilities $4.722,000 Demolition $880,000 Site Development $23;413,000 7oWl Construction Corts $35,993,000 Contingency and Escalation {2(°l0) $7,199,000 Design (15%) $6,479,000 Constructioninspection $3,000,000 TotalSOft Costs $16,678,000 • . . 1 ? 1 Birdneck Road Streetscape Cos[s* 52,482.000 Virginia Beach Blvd. Streetscape Costs* $7,473,000 19`^ Street Streetsppe Costs* $9,716,000 Optional Intersection Improvements* $6,491,000 III ' Does not indude rightof-way acquisition that may be necessary pending turlher design. July B. 201+: July 8, 2014 -28- CITY MANA GER'S BRIEFING ARENA INFRASTRUCTURE ITEM #63995 (Contitiued) 27 Sumenary of Estienated To#a! Project Infrastructure Casts These are preliminary conceptuai cost estimates were developed based on conceptual layouts. They are subject to change based on detailed engineering design. D $52,671,000 Optional infrastruc[ure Cos[s" $26,162,000 ` Does not include nghtof-way acquisition that may be necessary pending further design. . . Juiv 6. 20'4 Deputy City Manager Smith thanked Mr. Tewksbury and the entire Kimley-Horn Team for their work on this project. Everyone involved has spent a tremendous amount of time in preparing for today's Briefing. Below is the proposed path moving for-ward with late 2014 or early 2015 bYinging proposed Agreements for City Council's consideration: The Path Forward 28 • Continue to refine infrastructure design elements and costs • Continue to quantify fiscal impacts • Develop an operational and management pian • Negotiate the business terms and booking poficies with United States Managemant • Develop Central Beach District Master Pian • Milestones • Summer2014 • Finalize Traffic and Parking Study • Integrate Light R2il Pian into krera Siud,v • Late Summer 2014 • Visit Finnade Bank Flrena in Lincokn Nebrask2 to tour eomparable facility; Citizens Communications Committee Briefing and Discussion • Fall 2014 • Term Shezt Rresented to Ciry Council for consideration Late 2014/Eariy 2015 • Aareement, presented to Ci:y Gouncil ior consid2ration July 8, 2014 -29- CITY MANA GER'S BRIEFING ARENA INFRASTRUCTURE ITEM #63995 (Continued) 29 DISCEISSIe31'1 ? Mayor Sessoms expressed his appreciation to Deputy City Manager Smith, Mr. Tewksbury and the entire Kimley-HoYn Team for the work on this project thus far. July 8, 2014 -30- CITY CO UNCIL COMMENTS ITEM #63996 5: 03 P.M. Council Lady Wilson advised her brother, Ron Capps, was featured in the Article "Words of War Peace of Mind ". She is so proud of the extraordinary work he is doing to help Veterans. July 8, 2014 -31- AGENDA REVIEW SESSION S: 06 P.M. ITEM #63997 BY CONSENSUS, the following shall compose the CONSENT AGENDA: I. ORDINANCES/RESOL UTIONS 1. Ordinance to AMEND Section 2-452.1 of the City Code re the Chesapeake Bay Preservation Area Board 2. Ordinance to ACCEPT and APPROPRIATE a donation of $30, 000 from Boys Baseball of Lynnhaven Incorporated re improvements to Lynnhaven Baseball Complex 3. Resolution to AUTHORIZE and EXECUTE a Memorandum of Agreement (MOA) ESTABLISHING the Hampton Roads Regional Water Quality Monitoring Program 4. Ordinance to AUTHORIZE temporary encroachments into portions of City PYOperty known as Lake Joyce for MEADE A. and SUSAN FOWLKES re Yiprap rubble and existing bulkhead, existing pier, platform access way and constructing/maintaining a riprap revetment, access landing, stairway and pier platform DISTRICT 4- BAYSIDE 5. Ordinance to TRANSFER funds to the FY 2014-I S Schools Operating Budget to provide a 3% salary increase a. $594,500 to the Instruction Classification b. $ 58, 000 to the OpeYations Classification c. $ 29, 000 to the Transportation Classification d. $ 21, 750 to the Administration, Attendance and Health Classification e. $ 21,750 to the Technology Classification July 8, 2014 -32- AGENDA REVIEW SESSION ITEM # 63997(Continued) BY CONSENSIIS, the following shald compose the CONSENT AGENDA: J. PLANNING 1. Application of CROWN CASTLE USA, INC. for a relocation of a Noncon orming Structure re a communication tower at Meadow Ridge Lane (deferred FebYUary 25, March 11, April 8 and May 27, 2014) DISTRICT 7- PRINCESSANNE 2. Application of THE TERRY COMPANIES FIVE, LLC for a Conditional Use Permit re multifamily dwellings at Ocean Shore Avenue DISTRICT S -LYNNHAVEN 3. Application of MARY MEYER for a Conditional Use Permit re home-based wildlife rehabilitation at 547 Susan Constant Drive DISTRICT 5- LYNNHAVEN 4. Application of VIRGINIA BEACH HORSEBACK/CHARLIE and ROSEMARY THOMPSON for a Conditional Use Permit re horses for hire at 1117 Horn Point Road DISTRICT 7 - PRINCESS ANNE 5. Application of FRANKLIN JOHNSTON GROUP MANAGEMENT DEVELOPMENT, LLC /TRUSTEES OF FIRST LYNNHAVEN BAPTIST CHURCH for a Chan e o Zonin?- from AG-1 Agricultural to Conditional A-18 Apartment re multi family dwellings at 2673 Princess Anne Road DISTRICT 7- PRINCESS ANNE ITEM #I WILL BE DEFERRED TO AUGUST S, 2014 ITEM #3 WILL BE DEFERREED TO AUGUST S, 2014 ITEM #4 WILL BE CONSIDERED SEPARATELY ITEM #5 WILL BE CONSIDERED SEPARATELY July 8, 2014 -33- ITEM#63998 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, pi^omotion, peYformance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A) (1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Beach District Beach District Beach District 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) Beach District July 8, 2014 -34- ITEM#63998 (Continued) Upon motion by Councilman Dyer, seconded by Cour2cilman Uhrin, City Council voted to proceed into CLOSED SESSION at 5:14 P.M. Voting: 11-0 Council Members Yoting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, BYad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, JY., John E. Uhrin, Rosemary Wilson and .Iames L. Wood Council Members Voting Nay: None Council Members Absent.• None (Closed Session 5:14 P.M. - 5:35 P.M.) July 8, 2014 -35- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL JULYB, 2014 6: 00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGWIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, July 8, 2014, at 6.• 00 P.M. Council Members Present.• Robert M. Dyer, Barbara M. Henley, Vice Mayor Shannon DS Kane, Brad Martin, John D. Moss, Hammond, Mayor William D. Sessoms, Jr., .Iohn E. Wilson and James L. Wood Council Members Absent.• None INVOCATION: Reverend Randy Singer Pastor Trinity ChuYCh Louis R. Jones, Amelia N. Ross- Uhrin, Rosemary PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriery that might arise if he unknowingly participates in a matter before Ciry Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne IZealty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the Act ), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. July 8, 2014 -36- Vicc Mayor Jones DISCLOSED, for maizy years, he served ofz the Board of Directors of Resour•ce Bank. Thi°ee (3) years ago, Fulton Financial Corporatiorr ("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' letteN of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent aff liated with Prudential Towne Realry ("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 per-sonal 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 Yeview she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of Ciry 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. July 8, 2014 -37- Item -V-E CERTIFICATION ITEM #63999 Upon motion by Councilman Dyer, seconded by Councilman Martin, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requiYements 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, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 8, 2014 R E S OLUTION 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 #63998 Page 34, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3 712 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 July 8, 2014 -38- Itenz -V-F.l MINUTES ITEM #64000 Upon motion by Councilman Martin, seconded by Council Lady Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of July 1, 2014. Voting: 10-0 Cozincil Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Members Abstaining.• John D. Moss July 8, 2014 -39- ADOPTAGENDA FOR FORMAL SESSION ITEM #64001 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION July 8, 2014 -40- Item -V-H.1 MAYOR'S PRESENTATIONS ITEM #64002 "VIRGINIA BEACH CIVIC DAY" Jl Visa Work and Travel Progra`n - InteriZational Students Mayor Sessoms introduced and welcomed Nancy Marscheider - Eastern Regional Director, InterExchange, along with the. July 8, 2014 -40- Item -V-H.1 MAYOR'S PRESENTATIONS ITEM #64002 "VIRGINIA BEACH CIVIC DAY" JI Visa Work and Travel Program - International Students Mayor Sessoms welcomed Nancy Marscheider - Chair of the Virginia Beach International Student OutYeach Program, and presented a Proclamation declaringJuly 8, 2014, JI Visa International Students' Civic Day. Four (4) of the participating International Students living and working in Virginia Beach accompanied Ms. Marscheider for this presentation. Many others were on their jobs and unable to attend. Ms. Marscheider expressed her appreciation to the City of Virginia Beach for their continued support of this program, which annually brings nearly 1,700 international students to Virginia Beach to live and work. The City takes great pride in participating in positive, cultural exchange programs with international students. July 8, 2014 ?NU' BEA c UO4 ; I ?J?yL'?? ='KS°F o x ?Ai?ox?m ?La proclamatt'on ryVhereas: 2he virginia Beach International Stucfent Outreach Program (ISOP) was fornied to ensure J1 Internationat Students wiff experience a more comfortadle and safe stay while in viginia Beach; and WFiereq.s: 7/"ie ISOP is a strong(z? organizecf community effort among hotels, restaurants, retailers, faith dasedorganizations, communitygroups, arufcity, state arccfgovemunent agerccies; and WFiereas: 2lie City of Virginia Beach uncferstands the importance of visitors of aff nationalities; and WFiereas: q7"ie citizens of virginia Beac( take great pride in participating in positive, culturaf exchange programs of internationafstudents; and RNhereas: *ports show that these positive experiences lead to more creative thinking and meaningful relationships, eXpanded opportunities, and improved glodaf understanding; and 4NFiereas: qf"ie City of virginia Beac( is interested in promoting internationaf travef and tourism for the State of virginia arufparticular?for thegreatest city in the world. Npw, 2&refore, I, Wi(.?'iam D. Sessoms, 7r., Mayor of the City of virginia Beach, virginia, do Fieredy Proc(aim: ,VuCy 8, 2014 yi Visa InternationaCStudents' Civic Day In virBinia Beach, and I encourage aff citizens, city memders arccfcivic oganizations to join me in welcoming the nearly 1, 700 interrcationaf stucfents to Virginia Beach on the `INork and 7ravel Program. In tiVitness WFiereof, I have hereunto set my hand and caused the Official Sea( of the City of virginia Beach, virginia, to de affixecf this eight day of yu?, 7wo 2hwusarufFourteen. W? `INif?'iam D. Sessoms,,r. Mayor -41- Item -V-I ORDINANCES/RESOL UTIONS ITEM #64003 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT, IN ONE MOTION, Items 1, 2, 3, 4 and Sa/b/c/d/e of the CONSENT AGENDA. Voting: 11-0 Council Members Poting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, JY., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. None Council Members Absent: None July 8, 2014 -42- Itenz -V-I.I ORDINANCES/RESOL UTIONS ITEM #64004 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND Section 2-452.1 of the City Code re the Chesapeake Bay Preservation Area Board Yoting.• 11-0 Council Members Voting Aye: Robert M. Dyer, Baf-baYa M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 8, 2014 1 AN ORDINANCE TO AMEND SECTION 2- 2 452.1 OF THE CITY CODE PERTAINING TO 3 CHESAPEAKE BAY PRESERVATION AREA 4 BOARD 5 6 SECTIONS AMENDED: § 2-452.1 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 2-452.1 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and ordained to read as follows: 13 Sec. 2-452.1. Chesapeake Bay Preservation Area Board. 14 (a) There is hereby created the Chesapeake Bay Preservation Area Board, 15 which shall have such authority as is conferred upon it by the provisions of the 16 Chesapeake Bay Preservation Area Ordinance. Such board shall consist of nine (9) 17 members, who shall be appointed by the city council for terms of three (3) years; 18 provided, however, that original appointments shall be made as follows: Three (3) 19 members shall be appointed for a term of three (3) years, two (2) members for a term of 20 two (2) years, and two (2) members for a term of one (1) year. Members may serve for 21 no more than three (3) consecutive three-year terms in addition to an initial term, if such 22 initial term is less than three (3) years, but a member whose term expires shall continue 23 to serve until his successor is appointed and qualifies. Appointments to fill vacancies 24 shall be for the unexpired portion of the term. Members of the board shall be appointed 25 on a volunteer basis and shall be reimbursed for their necessary expenses in 26 discharging their duties. 27 (b) The board shall elect from its membership a chair and vice-chair. The 28 chair shall preside at all meetings of the board, except that the vice-chair shall preside 29 in the absence of the chair. Members of the board shall be required to take an oath of 30 office prior to assuming their positions. The board may make, alter and rescind rules 31 and forms for its procedures, consistent with the ordinances of the city, including, 32 without limitation, Sections 110 and 111 of the Chesapeake Bay Preservation Area 33 Ordinance, and the general laws of the commonwealth. 34 (c) Pursuant to the provisions of section 2.2-3115(A) 2.1 639. 1^° of the Code 35 of Virginia, the members of the Chesapeake Bay Preservation Area Board, as a 36 condition of assuming office, shall file disclosure statements of their personal interests 37 and other information specified on the forms set forth in Code of Virginia; section 2.2- 38 3117 2.1 639.15 and, thereafter, file such statements semi-annually in accordance with 39 the provisions of Code of Virginia section 2.2-3115(A) . Adopted by the City Council of the City of Virginia Beach, Virginia, on this 8th day of July , 2014. APPROVEDIAS 1\0 CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ? 7-- a6ihgjDeparfment City Attorney's Office CA13054 R-1 July 1, 2014 -43- Item -V-I.2 ORDINANCES/RESOL UTIONS ITEM #64005 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE a donation of $30, 000 from Boys Baseball of Lynnhaven Incorporated re improvements to Lynnhaven Baseball Complex Voting: 11-0 Council Members Yoting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent: None July 8, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO ACCEPT AND APPROPRIATE A DONATION FROM BOYS BASEBALL OF LYNNHAVEN INCORPORATED TO PARTIALLY FUND CAPITAL IMPROVEMENTS FOR THE LYNNHAVEN BASEBALL COMPLEX BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $30,000 is hereby accepted and appropriated, with donation revenue increased accordingly, to Capital Project #4-306, "Open Space Park Development & Maintenance II," to partially fund the cost of capital improvements in the Lynnhaven Baseball Complex. Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day of July 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ? ? Budget Ofid Management Services City Att ey,s ffice CA13043 R-1 June 11, 2014 -44- Item -V-I.3 ORDINANCES/RESOL UTIONS ITEM #64006 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, a Resolution to AUTHORIZE and EXECUTE a Memorandum of Agreement (MOA) ESTABLISHING the Hampton Roads Regional Water Quality Monitoring Program Voting: 11-0 Council Members Tloting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 8, 2014 1 A RESOLUTION AUTHORIZING THE EXECUTION 2 OF A MEMORANDUM OF AGREEMENT 3 ESTABLISHING THE HAMPTON ROADS REGIONAL 4 WATER QUALITY MONITORING PROGRAM 5 6 WHEREAS, the Hampton Roads Planning District Commission ("HRPDC") and 7 the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth and Virginia 8 Beach desire to enter into a Memorandum of Agreement ("MOA") to establish a 9 Hampton Roads regional water quality monitoring system; and 10 11 WHEREAS, the HRPDC will coordinate the effort to collect date on a regional 12 scale to accurately measure the amount of nitrogen, phosphorus and sediment being 13 deposited into waterways; and 14 15 WHEREAS, such a cooperative effort will improve the data available in 16 evaluating the requirements of the Chesapeake Total Maximum Daily Load and the 17 Municipal Separate Storm Sewer Permit ("MS4"). 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA, THAT: 21 22 The City Manager is hereby authorized to execute a Memorandum of Agreement 23 befinreen the City and the HRPDC to establish the Hampton Roads Regional Water 24 Quality Monitoring Program. A summary of material terms of the MOA is attached 25 hereto and incorporated herein. 26 Adnpted by the Council of the City of Virginia Beach, Virginia on the 8th day of .t„ lg , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,.Department of P blic Works O ice o the City A ey Z CA13052 R-2 July 1, 2014 SUMMARY OF MATERIAL TERMS MEMORANDUM OF AGREEMENT ("MOA") PARTIES HAMPTON ROADS PLANNING DISTRICT COMMISSION ("HRPDC") CITY OF VIRGINIA BEACH (the "City") The Cities of Chesapeake, Hampton, Newport News, Norfolk and Portsmouth will also sign MOAs with the HRPDC PURPOSE Establish a regional water quality monitoring program ("program") to monitor the amount of nitrogen, phosphorus and sediment deposited into local waterways. TERMS The HRPDC shall: 1. Provide technical support related to water quality monitoring issues; 2. Provide administrative, technical and clerical resources to support the program; 3. Prepare the annual budget for the program; 4. Assist in coordinating communication with state and federal agencies in regard to the program; 5. Take steps to obtain financial support from outside sources; 6. Contract with Hampton Roads Sanitation District and the United States Geological Survey to provide sampling and data for the program; 7. Provide the raw data to the City; 8. Prepare annual reports; and 9. Facilitate the use of the data through the Department of Environmental Quality and the United States Environmental Protection Agency. The City shall: 1. Appoint a representative to the steering committee for the program; 2. Provide timely review of HRPDC analyses and conclusions; 3. Provide input on monitoring sites and land use characteristics; and 4. Provide annual support of approximately $84,000 to support the program for 5 year term of the Municipal Stormwater Permit. 11fIEMORANDUM OF AGREEIII[[EIVT ESTABLISHING THE HAMPTON ROADS REGIONAL WATER QUALITY MONITORING PRfJGRAM This Memorandum of Agreement ("Agreement") is entered inta this First day of March, 2014 by and among the Cities of Chesapeake, Hampton, Newport News, Narfolk, Portsmouth, and Virginia Beach (individually, the °Locality;" collectively, the "Localities") and the Hampton Roads Planning District Commission ("HRPDC"). WHEREAS, Sectians 15.2-4200, ef seq. of the Code of Virginia enables lacai governments to establish Pianning District Commissions; and WHEREAS, the Localities, in common with several other local governments in the region, have acted, pursuant to Sections 15.2-4200, et seq. of the Code of Virginia, to establish the HRPQC; and WHEREAS, the HRPDC has been requested and has undertaken various studies to support local governrnent stormwater management programs, including compliance with Virginia Stormwater Management Program ("VSMP") and the Municipal Separate Storm Sewer ("MS4") Permits; and WHEREAS, the Localities have requested the HRPDC to coordinate a regional water qua{ity monitoring program; ancf NOW, TMEREFORE, in consideration of the premises, mutual cauenants, and obligations contained herein, the Localities and HRPDC hereby enter into this Agreement for the purposes of establishing and maintaining the Hampton Roads Regianal Water Quality Monitoring Program. BAS1C PREMISES The Localities initially received Virginia Pollutant Discharge Elimination System ("VPDES") Permits in 1996. Those permits, which were renewed in 2001, govern the discharges from the individual Locality's MS4s to waters of the state and impose certain operational and reporting requirements on those systems. These permits are renewable on a five (5) year basis, and the Localities appfied for renewecf permifs in 2005. The Localities continue to operate programs under administratively continued permits. Permit renewals are expected in 2014. The L.ocalities are interes#ed in monitoring stormwater in a manner which quantifies the nitragen, phosphorus, and sediment loads associated with specific land uses in Hampton Roads. The objective of the Regional Water Quality Moniforing Program is to collect data at a regional scale that will accurately measure the amount of nutrient and sediments defivered to waterways by the local MS4 systems. The data would be submitted to the February 2014 1 Virginia Department of Environmental aua(ity ("DEQ") and/or the Chesapeake Bay Program for updates to improve the accuracy of existing camputer models, provide a basis upon which to administer local stormwater programs with a greater degree af precision, and improve action plans to meet the Chesapeake Bay total maximum daily load ("TMDL") and other local TMDLs for impaired waters. The Regional Water Quality Monitoring Program is based on a five-year work plan with acquisition of monitoring equipment and services amortized over the entire term of the initial program. HRPDC RESPONSIBILlT(ES Under the terms afi this Agreement, the HRPDC staff is responsible for the follawing: « Provide technical support related to water quality monitoring issues to local government staff. • Provide the necessary administrative, technical, and clerical resources to support program activities. • Prepare an annual budget far the Hampton Roads Regianal Water Quality Monitoring Program. • Assist the signatories in coordinating communication an monitaring activities to state and federal agencies to ensure that program goals are met. • Take steps, in conjunction with the Localities, ta obtain financial support for program activities from outside sources, including federal, state, and private grants, ta the extent that this objective may be accomplished withaut creating a conflict of interest, as determined by the Localities. • Contract with the Hampton Roads Sanitation District ("HRSD") and the United States Geological 5urvey ("USGS") to provide sampiing and data analysis requirea by tne regianai program. + Provide the raw data from all monitoring devices directly ta the Localities. • Prepare annual program reparts, or components thereof, which comply with the provisions of the MS4 permits and stormwater management programs of the Localities. • Facilitate the use of the monitoring data in the (ocal TMDL studies being prepared through the DEQ and the United States Environmental Protection Agency and facilitate preparatian of TMDL Implementation Plans for impaired waters in the Hampton Raads Region, if requested. February 2014 2 LOCAL GOVERNMENT RESPONSIBILITIES Under the terms of the Agreement, the Localities are responsible for the following: • Appoint a representative to serve an the steering committee for the Regional Water Quality Monitoring Program to represent the local government stormwater and water quality refated concerns. • Provide timely technical review of HRPDC analyses and conc[usions. • Provide input on monitoring site selection and land use characterization to support HRSD's sampling and USGS data analysis. • Provide annual funding to support the agreed-upon regional program, subject to appropriation. METHOD OF FINANCING Program costs will be divided equally between the Localities, and the annua( cost to each Locality for each year of the five year term of this Agreement is estimated at $84,000. Locaf contributions may be increased abave this annual estimate to refiect program needs only upon modification of this Agreement. Financial supporfi firom other entities, such as federal and state agencies, and the private sector, may be sought and obtained #o support the activities of the Hampton Roads Regional Water Quality Monitoring Program, to the extent that this financing effort may be accompiished without creating a conflict of interest, as determined by the Locaiities. AVAILABILITY OF FUNDS Performance by the HRPDC af its responsibilities under this Agreement is subject to the availability af funding from the Localities. The Localities` fal(ure ta provide the necessary tunding to support 2hese activities wiii constituie a ivotice to iviodify or Terminate the Agreement. MODIFICA?TIONS Modifications to this Agreement must be submitted in writing, approved by the HRPDC, and accepted by all signatories. DURATION AND TERM(NATION This Agreement will have a term of fiive (5) years, extending from the date of full execution of the Agreement by the signatories. To canform ta local government charter and Virginia Code requirements, the funding provisions of this Agreement will be subject February 2014 3 to annual appropriations. Any signatory may terminate its participation in the Hampton Roads Regional Water Quality Monitaring Program by written Notice to Terminate to all other parties. Such termination wili be effective with the start of the foliowing fiscal year. Depending upon the terms of individual MS4 permits, termination of participation in the Hampton Roads Regianal Stormwater Management Program in the middle of a permit term may result in changes to permit conditions and require renegotiation of the individuai locality's MS4 permit from DEGl. OWNERSHlP t7F PROPERTY lt is not the intent of the signatories that this Agreement wilf result in the purchase, ownership, leasing, holding, or conveying of any real properky, other than those reai property rights necessary for the location of the monitoring equipment. At the option of the locality, the equipment paid for by the Lacafities will be the property of the IocaEity in which the equipment is located. 1NDEMNITY It is the intent of the signatories that no signatory will be held liable far any damage or associated penalties caused by or associated with the faifure of any other signatory to discharge its duties or ta exercise due diGgence in ciischdiy'lng its duties urder tris Agreement, and that no signatory, by entering this Agreement, waives any defenses or immunities available to it at law, including, but not (imited ta, those set forth in Section 15.2-970 of the Code of Virginia. It is the intent of #he signatories that no signatory will be held liable far any damage ar associated penalties caused by or associated with the failure of any other sfgnatory to comply with the terms and conditions of the signatary's MS4 permit. SEVERABIl.1TY If any Nrovisiun in this Agreement is determined by a court of competAn± juriSdic±ion to ?.he illv°ullu u^u unonf?n,r?ouhlA t?An thg r°tT?ai!?1C3g pfGVicio??s shall St!rt/i??e anc? r2[71aIC1 valid and enforceable. DiSPUTE RESOLUTION AND APPLICABLE LAW This Agreement shall be governed, interpreted and enfarced by the laws of the Commonwealth of Virginia. In the event of a dispute between any parties arising out of or related to the Agreement, the parties agree to submit any cause of action to mediation upan consent of all necessary parties, or, to a court with competent jurisdiction located in the corporate limits of one of the member Localities. February 2014 4 LIST taF SIGNATQRIES Signature pages will be signed in counterparts. CITY OF CHESAPEAKE CITY OF HAMPTON CITY OF NEWPORT NEWS CITY OF NORFOLK CITY (JF PORTSMOUTH CITY OF VIRGINIA BEACH HAMPTON R4ADS PLANNING DISTRICT COMMISSION This listing of participants will be foilawed by individual signature pages. February 2014 IN WITNESS THEREOF, the duly authorized Chief Administrative Qfficer of the Localities and the Executive Director af the Hamptan Roads Planning District Commission hereby execute this Agreement. HAMPTON ROADS PLANNING DISTRICT COMMISSION / By• ! .. - Date: ? I Date: ?,`: # e Attest: February 2014 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. Date: Afitest: APPROVED AS TO CONTENT: . D artment of Public Works CITY OF VIRGINIA BEACH By: Date: APPROVED AS TO LEGAL SUFFICIENCY: ?? Q ?% A7?. o City Attorney's Office February 2014 12 -45- Itenz -V-I.4 ORDINANCES/RESOL UTIONS ITEM #64007 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into portions of City Property known as Lake Joyce for MEADE A. and SUSAN FOWLKES re riprap rubble and existing bulkhead, existing pier, platform access way and constructing/maintaining a Yiprap revetment, access landing, stairway and pier platform DISTRICT 4- BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE temporary encroachments into portions of City Property known as Lake Joyce for MEADE A. and SUSAN FOWLKES re riprap rubble and existing bulkhead, existing pier, platform access way and constructing/maintaining a riprap revetment, access landing, stairway and pier platform (GPINs 1570802438, 1479894623) DISTRICT 4 - BAYSIDE The following conditions shall be required.• 1. 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. 2. 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 Ciry's specifications and approval. 3. Providing, however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity; and, Grantee shall bear all costs and expenses of such removar 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. 5. 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. July 8, 2014 -46- Item -V-I.4 ORDINANCES/RESOL UTIONS ITEM #64007(Continued) 6 It is further expressly understood and agreed that nothing herein cofitained 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. 7. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachrnents so as not to become unsightly or a hazar•d. 8. 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'). 9. It is ficrther expressly understood and agreed that the Grantee shall maintain an existing vegetated riparian buffer, which is a minimum of TWENTY FIVE (25) feet in width landward from the shoreline, shall run the entire length of the shoreline and shall consist of a mulched planting bed and contain a mixture of trees, woody shrubs, perennial plants and/or miscellaneous g-round cover of a size and species of the Grantee 's choice, shown on Exhibit `A "(the "Buffer'). The Buffer shall not be established during the months of June, July or August so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Environment and Sustainability Division of the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, consisting of stepping stones, stabilized appropi^iately to prevent erosion, through the Buffer to the shoreline is allowed. 10. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the Ciry as a named insured in an amount not less than $500, 000.00, per person injured and property damage per incident, cornbined, 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. II.It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as estabZished by the City. July 8, 2014 -47- Item -V-I.4 ORDINANCES/RESOL UTIONS ITEM #64007(Continued) 12. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a Registered Professional Engineer or a Licensed Land Surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a Registered Professional Engineer, if required by eitheY the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. 13. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the Sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary EncYOachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. This Ordinance shall be effective in accordance with Section 107(/) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighth day of July, Two Thousand Fourteen Voting: I1-0 Council Members Yoting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 8, 2014 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 5 PROPERTY KNOWN AS LAKE JOYCE 7 AND THE 25' STRIP OF CITY s PROPERTY AROUND LAKE JOYCE, 9 LOCATED AT THE REAR OF 4324 lo BEN GUNN ROAD, FOR MEADE A. 11 FOWLKES AND SUSAN M. FOWLKES 12 13 WHEREAS, Meade A. Fowlkes and Susan M. Fowlkes desire to remove riprap 14 rubble and an existing timber (wall) bulkhead, maintain an existing pier, platform access ls way and to construct and maintain a granite quarry stone (rip rap) revetment measuring 16 130' length X 5' height X 8.4' width, an access landing and stairway measuring 8.5' 17 length X 3' width and a pier platform measuring 24.3' length X 12.1 width in a portion of ls existing City property known as Lake Joyce and a 25' strip of City property around Lake 19 Joyce, located at the rear of 4324 Ben Gunn Road, in the City of Virginia Beach, 20 Virginia; and 21 22 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 23 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 24 City's property subject to such terms and conditions as Council may prescribe. 25 25 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Meade A. Fowlkes and 30 Susan M. Fowlkes, their heirs, assigns and successors in title are authorized to 31 maintain temporary encroachments to remove riprap rubble and an existing timber 32 (wall) bulkhead, maintain an existing pier, platForm access way and to construct and 33 maintain a granite quarry stone (rip rap) revetment measuring 130' length X 5' height X 34 8.4' width, an access landing and stairway measuring 8.5' length X 3' width and a pier 35 platform measuring 24.3' length X 12.1 width upon a portion of City property known as 36 Lake Joyce and the 25' strip of City property around Lake Joyce, as shown on the map 37 marked Exhibit "A" and entitled: "EXHIBIT A PROPOSED ENCROACHMENT OF 38 RIPRAP & PIER ACCESS IN LAKE JOYCE DATE: AUGUST 23, 2013 SHEET 1 OF 1 39 SCALE: 1" = 30'," 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 Meade A. Fowlkes and Susan M. Fowlkes (the "Agreement"), 45 which is attached hereto and incorporated by reference; and 46 47 48 49 50 51 52 53 54 55 56 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such time as Meade A. Fowlkes and Susan M. Fowlkes and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of July , 2014. CA-12953 R-1 PREPARED: 6/17/14 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM GNAT RE DATE ?,.... , DANA R. A?MLYER, AS ATE CITY ATTORNEY PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 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 19th day of June, 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and MEADE A. FOWLKES and SUSAN M. FOWLKES, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 34, BLOCK 1, SECTION 1"; as shown on that certain plat entitled: "SUBDIVISION NO. 1 OF BAYLAKE PINESPRINCESS ANNE COUNTY, VA. FEBRUARY, 1954 SCALE: 1" = 100', prepared by FRANK D. TARRALL, JR., & ASSOCIATES SURVEYORS & ENGINEERS NORFOLK, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 31, at page 53, and being further designated, known, and described as 4324 Ben Gunn Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to remove riprap rubble and an existing timber (wall) bulkhead, maintain an existing pier, platform access way and to construct and maintain a granite quarry stone (rip rap) revetment measuring 130' length X 5' height X 8.4' width, an access landing and stairway measuring 8.5' length X 3' width and a pier platform measuring 24.3' length X 12.1 width, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and GPIN'S: 1570-80-2438-0000; (Lake Joyce and 25' strip of City Property) 1479-89-4623-0000; (4324 Ben Gunn Road) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Joyce and the 25' strip of City property around Lake Joyce, 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 PROPOSED ENCROACHMENT OF RIPRAP & PIER ACCESS IN LAKE JOYCE SCALE: 1" = 30' AUGUST 23, 2013 SFitti i GF 1," preparea qy uAViu KLEGZiK, PROFESSIONAL ENGINEER, for MARINE ENGINEERING, said exhibit plat consists of five (5) sheets, a copy of which are attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public IleC2SSliy, and Graniee shafl bear ail costs dnu expcnses af sucr rcmoval. 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 will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. ii iS iUliliBi vX?3i'ESSiji i,iiiuBiSiC?Ou aiiu aC?i'88?i i,iai t?e Grartec iii.iSt O`?iaiii a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit") It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 25 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist cf a mu!ched plant;ng bed and ccntain a m;xture of trees, woody shrubs, perennial plants and/or miscellaneous ground cover of a size and species of the 3 Grantee's choice, as shown on Exhibit "A" (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Environment and Sustainability Division of the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, consisting of stepping stones, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee must obtain and keep in 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 poiicies. ii'le k'lr'aniee d55uries aii re5puri5iuiiities dnu iiauiliiies, vesied ui 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 furt"er e?pressly understaod ard agrezd that t"e Grantee ??ust submit for review and approval, a survey of the Encroachment Area, certified by a 4 registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary encroachments sealed by a registered professional engineer, if requested by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City 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, Meade A. Fowlkes and Susan M. Fowlkes, the saiU Grantees, have cdu5ed ihis Agrccmznt io UC CXCCIltEd UY t ileir signaturcs. Fu l"Lher, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH gy (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2014, by I CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 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. Notary Public Notary Registration Number: My Commission Expires: (SEAL) 6 1 ? By M ade A. Fowikes, Owner iy Susan M. Fowlkes, Qwner STATE OF CtTY/6GUNW-OF ? ?_F, , to-wit; '-' The foregoing instrument was acknowiedged before me this jq4 day of J,,A n e- , 2014, by Meade A. FQw4kes. (SEAL) N &ary Pualic Notary Registration Number: My Commissian Expires: ;;?-2ri ? 1 STATE OF C ITYlCt7t?t?'1'r`-4F E.-? ? ? ?? to-wit: :r=..-r:.= JOANNE K BERRY Notary Puaic Comrnorrvvealth of Vkginia 304820 Imy CarnnNgslon Explms L'oe. 31, 2018 The foregoing instrument was acknQV+rledged before me this day of ? - W: . - , 2014, by Susan M. Fawlkes. -?.. ? L4 (SEAL) No ry Public D ,- Natary Registration Num ber: L- ?C3RN!?E 14 BERRY A NotarY pubiic My CQmmission Expires: ??-? commor?w8e1?orw?in? 30d820 MY ??be{on Explree Dec. 31, 201 S 7 ? APPROVED AS TO CONTENTS (( j , --- . . Sl"AIME & a3 v DATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM ? /?/ VS*. AMEER, OCi TE CfTY ATTORNEY PUBLIC W4RKS J REA1. ESTATE DEPARTMENT ! DtVIS10N N 1 -•???dr ? y ???? ? ?? ? 10 FEB 0 3 1 r[?Lr RAARINE fiESC3tiF?ir:r.S ??117 ?? COMMI wCjs?pjl? EIpSTiNGPiERPIATFORMACCES?OAYSSTNRS ? O 1? EXISTING TQdBER BUU6tEA0 RO BE REMOYFA WFt qWOSA W 126' TO 6 RIPRAP RUBBIE FAR SDE C v° DAVID KLMZIK y OF C04E a9, Lic No 034674 ro Eaa e`eo? ? s . . s w u ? 8/23/2013 S? ? ' nn a sausri ATBpNif ?1VAL PROPOSm190 RPRAPREVETMEM H?Y ats ORaNARY HIGH WAT6i LINE 9d o AT W ? PIN (F) Pa srAR aaccESs TO R RECONSTRUCTION 15' 6UFFER LINE P FXIS7ING TAEE J cANoPr 0 PROPERTYIWE A 9CAI.ED FROAE PtAT 120.37' H l4•70'4l"E T1E UNE 0 TIAB RLLaitUBB1.E SHOR CONTINUES qNYOISTURB GROUNDCOVER OR VEGE7A f, SAU85, OR TREESJ ShiALL REP Ik-XIND. PROPERTY LIkE R17AAP TIEDpNT 1 2 PN IFI A 48.6' 839 B 99.7 BB,B' C 160.17 111,3' 2 BUFFER REOUIRF1dENfS 3 "REWEST WSTA1lATI0N VARl4NCE ? 9 DUE TOEXISTING VEGETATiDN. 1 in 1943 9F OF BUFFER IESTORATqN #4324 RESULTS FROMA 15' WIDE STRIP. THE VOGR GUIDrWCE MANtIAI. REQUIREMENT PER APPENWC D, TABLE k (5) CANOPYTREES ? CIS'•?- CNJPER OR LARGE EYEFiGREEN @5 e (10) UNDERS70R'/ TRFES z gp4:ta'CALIPER ? OR EV92GREE. @4' m (16) SMALL SHRUBS at W00DY tiROtR4D COVEfi BAYWSE PINES SEC 7 L K 1 ??s••,e• r+IF x 4324 BEN GUNN RD n cn • ?iriKif766yf523 --.._ ._ nqTWGtPINESSECILOT35BKt BOOK2971 PAGE:1519 N!F JOHN d BE7TY FRi57ACHl BAYIAKE i'JNES SEC 1 LOT33 BLN 1 MB 37 PG 53 4320 BEN GUNN Rp WF PAMEtA HAAIACFER GPW M 147889561D 1728 BBJ G{1NM itD DOCk 20D4U9070139109 GNN M 1479893608 MB 37 PG53 DOCp 2011 iD04001025260 M8 31 PG 53 PIN (F) 100.01T N 18'DO'DD' W BEN GUNN RD iavroeucKSenRnRO 1P 0' 17 20' 3p' SCALE:1' = 30' EXHIBIT A APPUCATION FOR ENCROACHMENT BY: PROP05ED ENCROACHMENT MARINE ENGINEERING 1297 BRADDOCK AVE MEADE FOWLKES OF VIRGINIA BEACH, VA 23455 115 ST ANDR£WS RIPRAP & PIER ACCESS M1THF7ELD, VA 23430 (N SHEET 1 OF 1 K Y DATE: AUGUST 23. 2013 t- ? ?? gNIHVW i- ? 83J, ? i=i i i-i ? .1 =1 i- ?Fj .??? 4 ..__.??__.o? .. .? ?.. ? - - cn i- LLI ?, N W Z 0 Z °R J -I I I-( I I-I i i- W0 `` F-- ci m ? ? ? ? °o 0 ? Wm °. I 1=1 I i=1 I 1=1 W 0 W o N ? ? ?„'? ? 0 0 o? a a" ? ? a°o cMno? 3 N? =1_I I-I I 1=1 I 1= _?? o? ? 00 =1 I I-1 I 1=1 I!-' = z?? Y z m I I 1= 1 I 1= 1 I 1=?1' o a?w ?,, = I I I- 1 1 I-= I o iw??go W ' '?= 1= 1 I 1= 1 I 1=-I I I?- ?? w Q N? I I? I-? I I- I I I '' m¢ a m Z Y Q? ?? I I- I I I- I - I I- ?> o°? - 0 ? V y O f„ ? y u 1 . Q7 mv -I?-=???-???-?? ? °?o3 f, Q ?°°? o w w(7) Z ?.? -' I I 1--'t 1 I--I I I-I I I- R; N ? z j C?? m G- ? ? d w?°? o? ry > rz I I-; I I I- i I I- 1 I!,' w j -I I I-1 ! I-I I I-I i' W N I 1=1 I 1=1 I I-I I?-- ui -i I 1=1 I l-I I 1- ? I IF ?113IA I i-I i I-1 I I= ccno ti4 -I I I-I f I-! w ? ° I I I-1 I I-1 ! 1= ?? LL Q I- i I I- I I I- °? `? N ? I I 1-I I I-i ? oO ? ? M z Y?> ? I I-I ! I-1 ! ?_ ? ? o ? ? 3 Z ? ? Z ? ? ? oQ ? N ??IIfItI?IlI' a s9 o o 9 oV'? w ?- c> > > c? *lY'0 o a? =1 I -- p . ? r 0 YOupicLo ? y p ? ? F g ??? ? 7e >? ?cS+? A zi - - O = 4 m$ Z s W _ _ Z F ? I-1_TI-I ? ?o o Cfi ? a s z o I-I I I- ?III?I ? ? 1=1 I I-I ? ? ? ? ? o TIIII_TI? ?e?IR ? ? o -Ill-i aWSO?? o -11 l=1 I 1= ? o??? w o N M -1 M I ? o ? IIHII- ??s??? o = o? 9 I-1 I I-I W J o aQ ?.. ?.r o ? g I ( I- I I-i ? ? ? ? • , ? -1=T= x° o a z - a c? o cn o? -I II? li IIz p C° - W>?? ?? -I i I-T=IT w Q N,. >Q ?- --j o ? ?.. w Q ° -JI=111= 03=? ??? w mm ? ? n C ao v ? ? ? i I I-I I I? ? N f; l ? I IJ?( I-1 I I ?? m i? ?? LL-1 \ o n - - ? N ? a > N Q ?-l I F-? ?? ? V) Z ? ? I i(-I I I-I I I-i' o Q? ! I-I I 1=1 I 1=1' . I I I- 1 I- 1 I I? a' W? F I i?l 11?1 I I? ? ?I I'- ? - - - ?ZNIA (A LLJ = - 1=1I1= cn I? I I? I 1- ; :? a Y?? o C) °- ? ? d w?N d z 0 3°z o I I I_I-I I -I li- z° a W ' I ? W N ?. I 11 ? ?11 ??1 i AYOo a6'? I i=111=i1i- Q M - V, PROPOSED STAIR & SCALE: 7" = 2 518 THRU BOLT DOCK WASHER 8 NUT 2xI SiRINGEF 2z8 CRO55 TIE 4' X 4' POST CONCRETEFOOTER 2z8 CR0.SS TIE FACW i6d TOENAIL OR p10X3 SC FACIA TO STRII PILE 3.0' FxisnNc PLATFqtM ulz STAIRWAY STRINGER „a'v`??LTH pF 'yr4? LXo o U DAViD KLEDZIK ? ?LJc. Plo. 034674 ? 8/23/2013 NONAL ?? A?PUCANT: MEADE FOWLKES 115 ST ANDREWS SMITHFIELD, VA 23430 ACCESS DETAILS MARINE ENGINEERING 1297 BRADDOCK AVE VIRGINIA BEACH, VA 23455 PH: (757) 477-4787 FEB 'o ? 1?# MAFIINE R5AC)I 9EF[aav CONTROL DATUM: OHW = 0.00' SHEEI' 1 OF : ?L DATE: APRIL 10, 2013 R EV- E S"s3DdIM0E33H 3NltJVYI E 0 833 J ts h m b ? C ¢ f ? = 0 o? F c 0 c V / ? Q ? Lli r') Cf) (n Lli U ? a Q n "C) ' a cry Q ? ? ry W CL 0 IWI ? ? ? 0 ry n rW-- ? ? h ? X ? S? ? ? O 2 g „ m ? ? ?W ? mQ a ?? o °o ?Z ? 0 ,e p U w ? ^ Y N o U W ? ?? ?LfF o? AF? ??? ? 2 Go o Xw S ao? U ? cr O -__ U ? ? . . . .V . O U LL m z C) N K ? O O O ? ? LL ? W o y ? U °o ? $~ w? O = ?N w ? z? 53o X ? ? O ?m OV ?o ? ?LN IA O N ? M ? Gx-r ?L ? O 7 ,•a "' O op 1Y0? ?' 1 Q' W ? n u- M ~ ? N W O ? a 0 a o i o? NO0 NQ o z ? w''' ? mo a =ara a.UO tn0W V z Ln (1J Q N °r?° ^ ? C?o=? z DU W mm Lo ?Qv W 02 _ z??C.9a cr ry 5; Q ? 0 ? ? N 3 N J N ? 0 ? Z ?zd W U W N ? ? 0 _ a 5LO Lo ? W ? a ? O ? w H ? ? w ? ? ? O O ? ? W ? ? ? O ? w ? H ? O ? L7 ? ? O O ? W w I--?I ? O W ? ? ? W ? ? ? ? O O ? W ? ? . . ,? Uj •• . ? .. . ? ?• . .. . 3 ' ' . _?:'.:-?-' ?? " .. - -,•'ti'?- , ' . .?:•ti-,? . . . . - .. - - . . . ?r -- --? - - - ".' .-.' ........... ., .. . .•. ' : .. ... ' , .. y- J ? ?--'?Jf ?_? -., . .?ti' ' • .?ti' •?ti'.'.? f ? ? . . s . • • . • • . ? ?/ / '.I '.?• ?.? . M .? / ?/ ? • •-• %7•: _. ... , C4 •• --'? ?: - •-?• ?i - ? ' .?? '? . •- a, ; J.? ,- • ;•Yr? - - ? ? ? ,/ ? !' I r' ;s • f ? ? ?•_ . ' ;: ?r ? . . . : j ? ? , 1 ; .?f ?, ' v - •' / 1 ? L % f?? l __.? 1 J ? ; ? , ,? `• , .'?•? ii ? / v X E M N ? a J N Q N ? O ? ? ? Go a ? ? o C, ?or, o ? Q Z ? O LU ? z 0 LL o a ? V / f ? ? {!" , .. ? r (( r F l f [r I FM1 J ? ? ; , ? IL ? ?. - --:-,, ` -- /? `? , `?bj??` `????, i a? •?•. a? ' J . ?,.. -- -48- Item -V-I.Sa/b/c/d/e ORDINANCES/RESOL UTIONS ITEM #64008 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER funds to the FY 2014-I S Schools Operating Budget to provide a 3% salary increase a. $594,500 to the Instruction Classification b. $ 58,000 to the Operations Classification c. $ 29, 000 to the Transportation Classification d. $ 21, 750 to the Administration, Attendance and Health Classifzcation e. $ 21,750 to the Technology Classification Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None July 8, 2014 1 AN ORDINANCE TO TRANSFER FUNDS TO THE FY 2014- 2 15 SCHOOL OPERATING BUDGET 3 4 WHEREAS, the School Board requested, by resolution dated June 17, 2014, a 5 transfer of funds to the School Operating Budget to provide a 3.0% salary increase 6 rather than a 2.79% that was part of the School Board budget request provided earlier 7 this calendar year; and 8 9 WHEREAS, the 3.0% salary increase for employees of the School Board would 10 match the increase previously authorized for City employees; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That $725,000 is hereby transferred from the General Fund Reserve for 16 Contingencies School Reserve to the FY 2014-15 Schools Operating Budget (115 17 Fund) in the amounts set forth below: 18 19 $21,750 the Administration, Attendance, and Health Classification; 20 $594,500 to the Instruction Classification; 21 $58,000 to the Operations Classification; 22 $29,000 to the Transportation Classification; and 23 $21,750 to the Technology Classification. 24 25 BE IT FURTHER ORDAINED: 26 27 That the funds provided herein are one-time funds that are provided outside of 28 the City and School Revenue Sharing Formula (the "Formula"), and the City Staff is not 29 to propose any funding adjustments based upon the Formula because of differences 30 between the projected State revenues upon which the FY2014-15 Adopted Budget was 31 based and the adopted State Budget. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of July , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: / ud an Ma agement Services Ci y ey's Office CA13051 R-1 June 24, 2014 4 ,: • ` iRGlN1A BEACi1 GTY PUBLIC SCHOOLS A H£ A A O E T H E C U R V E Schoof Administration Building #6, Municipat Center 2512 George Mason Dr. P. O. Box 6038 Virginia Beach, VA 23456 (757) 263-1000 M[SSION STqTEMENT The Virginia Beach City Pubiic Schools, in partnersitip with the entire community, will empower every student to become a life-long learner who is a responsible, productive and engaged citizen within Lhe global community. School Board of the City of Virginia Beach Daniel D. Edward5, Kempsville, Chair WilEiam J. Brunke, IV, Princess Anne, Vice Chair Beveriy M. Andersors, At-Large Emma L. "Em" Davis, Lynnhaven Dorothy M. "Dottie" HalYZ, At-Large Joel A. McDonaid; Rose Hail Bob6y MeEatti, Ai-Large Sam Reid, Beach Efizabeth. E. Taylor, At-Large Leonard C. Tengco, Centerville Caraln D. Weems, Bayside Sheila S. Magula, Ed.D., Superintertdent SUPPLEMENTAL BUDGE7 RESOWTION -F`! 2014f 15 WHEREAS, the School Board of the City o# Virg+nia Beach desires to increase campensation far its employees as much as passible to achieve regional cornpetitiveness; and WHEREAS, the City Council ftevenue Sharing Formula provided adequate funds to support a 2.79% FY 2014/15 salary increase; and WFiEREAS, in appropriating school funds for the School 8aard's FY 2014/15 Operating Budget, City Council identif'sed $725,000 above the €ormula to partialty suppart a local match should there be state funds to support a pay ra€se; and WHEREAS, the School Board recognizes that without a state pay raise, provis'son of these funds to the School Board wou{d constitute ane-tirne funds and aithough the Schoal Board recognizes the future chatlenges of using these one- time funds far the pay raise, the Board beiieves it is appropriate and necessary; and 'UftHEREAS, the finaf state budget does nat provide state funds for a pay raise, but those funds wiil be adequate to increase the funded salary increase for schaol employees to 3.009eo; and WHfREAS, the city emp[oyees are being provided a 3.00% salary increase and City Cauncil has generafly supported camparability in compensation adjustments. NOW, THEREFORE BE !T RESQLVED: That the Schaal Board af the City of Virginia Seach hereby requests City CounciE appropriate the $725,0(}0 abave the formula for FY 2414/15 to support a 3.00% pay raise for school empioyees; and be it FINAIIY. RESOLVEQ: That a copy of this resoiution be spread acrass the official minutes of this Board, and the CEerk of the Board is d'+rected to deiiver a copy of this resolution to the Mayor, each mQmber of the C'rty Councii, the City Itrlanager and the City Clerk. Adopted by the Sct?aal Board of the City of Virginia Seach this 17th day of lune 2034 S E A L r ? nief D. Edwards, Chairman Attest: P, Dianne P. AJexander, Cterk of the Board ARGINIA BEACH CITY PUBLIC SCHQOLS A H E A D O F T H E C U R V E Department of Budget and Finance June 23, 2014 Mrs. Catheryn R. Wbitesell, Director Department of Budget & Management Services City of Virginia Beach Building 1 Virginia Beach, VA 23456 Dear Catlieryn: I am sending this letter in response to your request for the categorical breakdown of the $725,000 Supplemental Budget Resolution approved by the School Board on June 17, 2014. The follow'vng reflects that breakdown. • Instruction 82% • Administration 3% • Transportation 4% • Operations 8% • Technology 3% Thank you for your assistance with this and, as always, please feel free to contact me if you shouid have any questions or need clarification. Sincexely, ? jq? Farrell E. Hanzaker cc: Daniel D. Edwards, Chairman Aaron C. Spence, Ed.D., Superintendent Sheila S. Magula, Ed.D., Deputy Superintendent -49- Item -V-J PLANNING l. CROWN CASTLE USA, INC 2. THE TERRY COMPANIES FIVE, LLC 3. MARYMEYER ITEM #64009 4. VIRGINIA BEACHHORSEBACK/CHARLIE AND ROSEMARY THOMPSON 5. FRANKLIN JOHNSTON GROUP MANAGEMENT DEVELOPMENT, LLC/TRUSTEES OF FIRST LYNNHA VEN BAPTIST CHURCH NONCONFORMING STRUCTURE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CHANGE OF ZONING July 8, 2014 -50- Item -V-J PLANNING ITEM #640I0 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items l(DEFER TO 81512014), 2 and 3(DEFER TO 815120I4) of the PLANNING AGENDA. Yoting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: 1llone July 8, 2014 -51- ItenZ -V-J.1 PLANNING ITEM #64011 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, DEFERRED TO AUGIIST 5, 2014, BY CONSENT, Application of CROWN CASTLE USA, INC. for a r•elocation of a NonconforminQ Structure re a communication tower at Meadow Ridge Lane (deferred February 25, March 11, April 8 and May 27, 2014) DISTRICT 7- PRINCESS ANNE Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. None Council Members Absent.• None July 8, 2014 -52- Iteni -V-J.2 PLANNWG ITEM #64012 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of THE TERRY COMPANIES FIVE, LLC for a Conditional Use Permit re multifamily -dwellings at Ocean Shore Avenue DISTRICT S- LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of THE TERRY COMPANIES FIVE, LLC for a Conditional Use Permit re multi.f'amily dwellings at Ocean Shore Avenue (GPIN 1489799060) DISTRICT S- LYNNHAVEN The following conditions shall be required: All conditions attached to the Conditional Use Permit granted by the City Council on December 7, 2004, are deleted and replaced with the conditions listed below. 2. With the exception of any modifications required by any of these conditions or as a result of Development Site Plan review, the property shall be developed substantially in conformance with the exhibit entitled, "Conceptual Site Layout & Landscape Plan of Point Chesapeake, Virginia Beach, Virginia, " dated 03120114, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. When the buildings depicted on the exhibit referenced in Condition No. 2 above are constructed, the number of stories, exterior building materials and the architectural design shall be in substantial conformance with the elevations entitled, "Conceptual Architectural Renderings, Point Chesapeake, The Terry Companies Five, L.L.C., " dated 0/16114, prepared by Cox, Kliewer & Company, P. C., which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning. 4. As proposed, evidence of a Conditional Letter of Map Revision or a Letter of Map Amendment, as may be necessary to satisfy the applicable regulations of the Federal EmeYgency Management Agency for this site, shall be submitted to the Planning Director prior to final Site Plan review approval, so that no structural fill is Yequired in a"VE" Floodplain Zone in order to construct the structures. 5. Consistent with the concepts of the Shore Drive Corridor Plan, adopted by the Virginia Beach City Council on March 28, 2000, the applicant shall provide an easement, subject to approval by the City Attorney's Office, for the construction of a public pedestrian/bike, ADA accessible pathway with a minimum width of eight (8) feet, on the Point Chesapeake properry, connecting to the City property adjacent to and under the bridge. July 8, 2014 -53- Item -V-J.2 PLANNING ITEM #64012(Continued) 6 A Landscape Plan shall be submitted during final Site Plan review to the Development Ser-vices Center depicting informal, naturalistic placement and maintenance of plant materials reflective of the native maritime forest species, tolerant of salt spray and wind. Along with added streetscape landscaping along the Ocean Shore Avenue cul-de-sac, additional plant material shall be installed throughout the Site, beyond that depicted on the exhibit identified in Condition No. 2 above. The final Site Plan shall not be approved until the Landscape Plan is deemed satisfactory by the Planning Director. 7. An iconic, freestanding feature shall be installed on the property as a visual ameniry at the Cherry Tree Place/Shore Drive intersection. Said feature shall be depicted on the final Site Plan and submitted to the Planning Director for review and ultimate approval authority. 8. The freestanding identification sign _for the condominium units shall be located substantially at the location identified on the exhibit referenced in Condition No. 2 above and limited to a monument style sign, no taller than eight (8) feet, externally lit, constructed with materials and colors that complement the exterior of the condominium buildings. 9. The freestanding identification sign for the apartment buildings shall be limited to a monument style sign, no taller than eight (8) feet, externally lit, constructed with materials and colors that complement the exterior of the apartment buildings. 10. Other than a building mounted sign over the vehicular or pedestrian entrance to the apartment buildings, no building identification signage shall be permitted. 11. No freestanding identification sign shall be permitted along Shore Drive or Cherry Tree Place. 12. Ground floor and second floor parking spaces shall be screened from view from all rights-of-way by the installation of a solid wall, minimum height of four feet, at the base of the structure or within the brick columns of the building or by other means acceptable to the Planning Director. 13. Ti^ash compactors and dumpsters shall be screened from view from the rights- of-way, consistent with the Virginia Beach Landscaping Guide, with building materials and colors compatible with the buildings ' facades. 14. The following shall not be located between the public rights-of-way and the buildings ' faj?ades unless screened by a method approved by the Planning Director: heating and ventilation equipment, geneYators, any other mechanical equipment; and trash receptacles and compactors. 15. All easements, utility easements or othenvise, shall be identified on the final Site Plan. 16 Roof-mounted equipment shall be screened from view of all public rights-of- way and from any public open space. July 8, 2014 -54- Itena -V-J.2 PLANNING ITEM #64012(Continued) This Ordinance shall be effective in accordance with Section 107(? of the Zoning Ordinance. Adopted by the Ciry Council of the City of Virginia Beach, Virginia, on the Eighth day of July, Two Thousand Fourteen Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 8, 2014 -55- Item -V-J.3 PLANNING ITEM #64013 Upon motion by Vice MayoY Jones, seconded by Councilman Dyer, City Council, DEFERRED TO AUGLIST 5, 2014, BY CONSENT, Application of MARY MEYER for a Conditional Use Permit re home-based wildlife rehabilitation at 547 Susan Constant Drive DISTRICT S- LYNNHAVEN Yoting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 8, 2014 -56- Item -V-J.4 PLANNING ITEM #64014 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council, DENIED, Application of VIRGINIA BEACH HORSEBACK/CHARLIE and ROSEMARY THOMPSON for a Conditional Use Permit re horses for hire at 1117 Horn Point Road DISTRICT 7- PRINCESS ANNE Voting: 11-0 Council Members Yoting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemaiy Wilson and James L. Wood Council Members Yoting Nay: None Council Members Absent.• None July 8, 2014 -57- Iteni -V-J.S PLANNING ITEM #6401 S The following individual registered to speak: R.J. Nutter, Attorney for Applicant, Upon motion by Council Lady Henley, seconded by Councilman Martin, City Council, APPROVED AS PROFFERED, Application of FRANKLIN JOHNSTON GROUP MANAGEMENT DEVELOPMENT, LLC/TRUSTEES OF FIRST LYNNHA VEN BAPTIST CHURCH for a ChanQe ofZoningfrom AG-1 Agricultural to Conditional A-18 Apartment re multi family dwellings at 2673 Princess Anne Road DISTRICT 7 - PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of FRANKLIN JOHNSTON GROUP MANAGEMENT DEVELOPMENT, LLC /TRUSTEES OF FIRST LYNNHAVEN BAPTIST CHURCH for a ChanQe oLZoninQ from AG- 1 Agricultural to Conditional A-18 Apartment re multi family dwellings at 2673 Princess Anne Road (GPIN 1494535782) DISTRICT 7- PRINCESS ANNE The following condition shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighth day of July, Two Thousand FouYteen July 8, 2014 -58- Item -V-J.S PLANNING ITEM #64015(Continued) Voting: 11-D Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 8, 2014 -59- ITEM V-K APPOINTMENTS ITEM #64016 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: STEPHEN McNULTY Four year term 0910112014 - 0813112018 DEVELOPMENT A UTHORITY Tloting.• 10-0 Coiincil Members Poting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None Council Members Abstaining: Mayor William D. Sessoms, Jr. July 8, 2014 -60- ITEM V-K APPOINTMENTS ITEM #64017 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: NILS BAHRINGER Five year term 1010112014 - 0913012019 WETLANDS BOARD Voting:, 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, JY., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 8, 2014 -61- Itenz -V-N ADJOURNMENT ITEM #64018 Mayor William D. Sessoms, Jr., DECLARED the City Council MeetingADJOURNED at 6:19 P.M. 4.1 k-&, Amanda Finley-Barnes, CMC'j ChiefDeputy City Clerk ?( th Hodges Fraser, MMC City Clerk Ciry of Virginia Beach ViYginia William D. Sessoms, Jr. Mayor July 8, 2014