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SEPTEMBER 2, 2014 MINUTESCITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne District 7 SHANNON DS KANE, Rose Hall - District 3 BRAD MARTIN, P.E., At Large JOHN D.MOSS, At Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach — District 6 ROSEMARY WILSON, At Large JAMES L. WOOD, Lvnnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER- JAMES K. SPORE CITY ATTORNEY MARK D. STILES CITY ASSESSOR — JERALD D. BANAGAN CITY AUDITOR — LYNDON S. REMIAS CITY CLERK — RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 2 September 2014 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. II. MAYOR WILLIAM D. SESSOMS, JR. PRESIDING CITY MANAGER'S BRIEFINGS - Conference Room - A. SCHOOL SIGNS AMENDMENT Karen Lasley, Zoning Administrator Tony Arnold, Director of Facilities Planning and Construction — Schools B. LEGISLATIVE AGENDA Robert Matthias, Assistant to the City Manager CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION A. B. C. - Conference Room - CALL TO ORDER — Mayor William D. Sessoms, Jr. ROLL CALL OF THE CITY COUNCIL RECESS TO CLOSED SESSION 4:00 PM 5:30 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Rabbi Israel Zoberman Beth Chaverim Synagogue 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 AUGUST 19, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. RESOLUTION IN MEMORIUM — Mary Russo Honorable Delegate Bill DeSteph and Representatives of the Virginia General Assembly 2. PRESENTATION OF KING NEPTUNE XLI, THOMAS A. BARTON, III and COURT Ken Cummings, 2014 Chair 3. D-DAY COMMEMORATION REPORT Norwood Thomas I. PUBLIC HEARING 1. EXCESS CITY -OWNED PROPERTY 253-257 Roselynn Lane J. ORDINANCE S/RESOLUTION 1. Ordinance to DECLARE EXCESS PROPERTY at 253 and 257 Roselynn Lane; and, AUTHORIZE the sale to Betty S. Rouse 2. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned rights-of-way for: a. The CHESAPEAKE BAY FOUNDATION, INC. into Marlin Bay Drive re construction of the "Brock Environmental Center" b. TCA BLOCK 11 OFFICE, LLC, TCA BLOCK 11 GARAGE, LLC, and TOWN CENTER CONDOMINIUM 11 OWNERS ASSOCIATION, INC. re overhangs and canopies at Main Street and Town Center Drive 3. Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: a. $257.14 from prior year's balances to the 2012-13 FOUR FOR LIFE Grant Fund b. $200.00 from the Fire Department's Gift Fund re purchase of a grill for Station 11 c. $1,155,151 from the 2014-15 Water and Sewer Program re Pacific Avenue Water Improvements 4. Resolution to RESCHEDULE the November 4, 2014, City Council Session to November 25, 2014 and CANCEL the November 11, 2014 Informal Briefing Session K. PLANNING **ADVERTISED FOR SEPTEMBER 2, 2014, IN ERROR Application of TIDEWATER MEDICAL TRAINING/NORTHAMPTON EXECUTIVE CENTER, LLC for a Conditional Use Permit - BAYSIDE — DISTRICT 4 EXPEDITED AND ADOPTED AUGUST 19, 2014 - NO ACTION NECESSARY** 1. Application of VIRGINIA WESLEYAN COLLEGE for a Street Closure of a portion of Burma Road DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 2. Application of THE SUNDIN DENTAL CENTER, LLC for Modification of PROFFERS re space available of a Conditional Change of Zoning (approved January 23, 2001) re retail/office uses at 1385 Laskin Road DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL 3. Application of DIANA BUHRMANN and HOOPER MANAGEMENT CO. for a Conditional Use Permit re a Home Family Child Daycare with a maximum of twelve (12) children at 3245 Florence Street DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL 4. Application of ANTOINETTE HENDERSON and BRIAN and KIM MOSES for a Conditional Use Permit re a Home Family Child Daycare with a maximum of twelve (12) children at 1812 Brownstone Court DISTRICT 1 — CENTERVILLE. RECOMMENDATION: APPROVAL 5. Application of SOUTHERN PERFORMANCE and BROTHERS TOO, LLC for a Conditional Use Permit re vehicle repair at 5156 Virginia Beach Boulevard DISTRICT 4 — BAYSIDE RECOMMENDATION: 6. Application of CAMERON JUSTIN MUNDEN and GRANTED WISH, Use Permit re a bulk storage yard at 853 South Birdneck Road DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL LLC for a Conditional APPROVAL 7. Ordinance to AMEND Section 211 of the City Zoning Ordinance (CZO) re signage for schools (Deferred August 19, 2014) RECOMMENDATION: L. APPOINTMENTS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** ***************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 APPROVAL CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZEN DIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS — 4:00-6:00 PM NOVEMBER COUNCIL MEETING SCHEDULE NOVEMBER 4TH - RESCHEDULED TO NOVEMBER 25TH NOVEMBER 11TH - CANCELLED CITY COUNCIL FALL RETREAT Economic Development Conference Room Town Center September 8, 2014 8:30 AM to 5:00 PM 2014 CITY HOLIDAYS Veterans Day - Tuesday, November 11 Thanksgiving Day and Day after Thanksgiving — Thursday, November 27 and Friday, November 28 Christmas Eve (half-day) - Wednesday, December 24 Christmas Day - Thursday, December 25 111 -1- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 2, 2014 Mayor William D. Sessoms, Jr., called to order City Council's Informal Session, in the City Council Conference Room, Tuesday, September 2, 2014, at 4:00 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 September 2, 2014 -2 - CITY MANAGER'S BRIEFINGS SCHOOL SIGNS AMENDMENT ITEM #64091 4:00 P.M. Mayor Sessoms introduced and welcomed Tony Arnold, Director of Facilities Planning and Construction — Schools. Mr. Arnold expressed his appreciation to City Council for considering the proposed revisions to the Sign Ordinance for Schools. Mr. Arnold advised the Ordinance has not changed in the past twenty (20) years. The signs at schools provide information to parents and students. In addition, one-half of the City's Voting Precincts are located in schools. Schools are also used to host park and recreation programs as well as churches on weekends. The revision of the current Ordinance is in an effort to do the right thing by cleaning up the language to ensure it makes sense: Virginia Beach City Public Schools September 2, 2014 September 2, 2014 -3 - CITY MANAGER'S BRIEFINGS SCHOOL SIGNS AMENDMENT ITEM #64091 (Continued) Below is the front entrance of the City's newest school, Floyd E. Kellam High School. The lettering on the building helps identify the entrance to the Administration Office: The freestanding sign is double sided and approximately 12 feet tall: September 2, 2014 111 -4- CITY MANAGER'S BRIEFINGS SCHOOL SIGNS AMENDMENT ITEM #64091 (Continued) Below is the front entrance of College Park Elementary. Again, the lettering on the building helps idents the entrance to the Administration Office: The freestanding sign is single faced and approximately 7 feet tall: September 2, 2014 III -5- CITY MANAGER'S BRIEFINGS SCHOOL SIGNS AMENDMENT ITEM #64091 (Continued) Below is the entrance of the Virginia Beach Renaissance Academy: The freestanding sign identifies the school plus the Princess Anne County Training School and the Union Kempsville High School Museum: September 2, 2014 III -6- CITY MANAGER'S BRIEFINGS SCHOOL SIGNS AMENDMENT ITEM #64091 (Continued) Below is the entrance to Providence Elementary School, which was built in 1981: The freestanding sign is two sided and approximately 12-1/2 feet tall: September 2, 2014 -7- CITY MANAGER'S BRIEFINGS SCHOOL SIGNS AMENDMENT ITEM #64091 (Continued) Below is the entrance to Lynnhaven Elementary School, which was remodeled approximatelyl 0 years ago: The freestanding sign is two sided and was installed when the school was originally built: SNEAK PER ! TARS AI6 28 12-3 CUBS TO LOIS 2-3 September 2, 2014 -8 - CITY MANAGER'S BRIEFINGS SCHOOL SIGNS AMENDMENT ITEM #64091 (Continued) Below is the entrance to Bettie F. Williams Elementary School, which was built in 1961: The freestanding sign is two sided and approximately 12-1/2 feet tall: MEET YOUR TEACHER FRIDAY 829.12. TO Mr. Arnold turned the Briefing over to Karen Lasley, Zoning Administrator, to discuss the proposed changes to the Ordinance. September 2, 2014 -9 - CITY MANAGER'S BRIEFINGS SCHOOL SIGNS AMENDMENT ITEM #64091 (Continued) Ms. Lasley expressed her appreciation to the Schools for their cooperation in revising the City Zoning Ordinance regarding School signs: REVISED AMENDMENT School signs — City Zoning Ordinance Section 211 The Ordinance applies to public and private schools with similar curriculums: Applies to Public Schools and Private Schools with Similar Curriculums Sign Permits are specifically required for all school signs. September 2, 2014 -10 - CITY MANAGER'S BRIEFINGS SCHOOL SIGNS AMENDMENT ITEM #64091 (Continued) The Amended Ordinance provides for a maximum of two (2) wall signs for each wall facing a street. If the school is set back 500 feet or more from the street, then they are allowed 250 feet of signage per wall: Wall Signs Maximum of 2 wall signs for each wall facing a street 1 sq. ft. of wall signage per 2 linear feet of building wall Total of 100 square feet maximum per each wall facing a street Any building wall located 500 feet or more from the street = maximum of 250 square feet of signage per wall. Below is an example of acceptable wall signs on a school: Pembroke Elementary Scbool Potential Wall sign under amendment 75' by 16" letters September 2, 2014 -11 - CITY MANAGER'S BRIEFINGS SCHOOL SIGNS AMENDMENT ITEM #64091 (Continued) Below are the requirements for freestanding signs: Freestanding Signs Less than 15 acres = 1 monument sign, 2 faces, 40 square feet each face. 15 acres or more = 1 monument sign per street. Monument style, 2 faces, 40 square feet each face. No freestanding signs closer than 50 feet to a residential use. Below is an example of a freestanding sign: Monument Style, 38 sq. RIO% t01,010,7410.411 RAI OTIMELICSCSOCCS OLD DONATION CENTER AND` KEMPS LANDING MAGNET SCHOOL SITE SIGN ELEVATION u SCAt I, IV September 2, 2014 -12- CITY MANAGER'S BRIEFINGS SCHOOL SIGNS AMENDMENT ITEM #64091 (Continued) PcmbOke Elementary School 13.1 acre site. approximately 570 feet of building wall facing Jericho Road 2 wall signs with a total of up to 100 square feet One 40 square foot entrance sign, two faces Mayor Sessoms expressed his appreciation to the School Division and the Planning Department for their work on this project. September 2, 2014 -13 - CITY MANAGER'S BRIEFINGS LEGISLATIVE AGENDA ITEM #64092 4:24 P.M. Mayor Sessoms welcomed Robert Mathias, Assistant to the City Manager. Mr. Mathias expressed his appreciation to City Council for their continued support in preparing the 2015 Legislative Agenda: 2015 Legislative Agenda General Assembly Session September 2, 2014 .. City Council Meeting Below are the items that are proposed as a part of the Long Term Policy position and the new Policy Initiatives: SECTION 1.1—CITY OF VIRGINIA BEACH LONG TERM POLICY POSITION 3. POST 306013 DAV 0001011. FOR 50102333 2. 33.00339031 OS 3133 01.1060 141900.X13141113 3. 0103302001090 URANIUM 0.1911X4 Sponsored 0y the Virginia Beach .303033313i1 9. MIEDICA10 EXPAHSIOX 100511100 Sponsored by the V.3.30133 Beacl,03,,300. 5. COPITINUED rY3031314. FOR 13.3 009334310.031,310 C1.03331.03110C, !MORT Sponsor. by Ow V13,1.313.313013 Council 6. 10101.5.30 3133113034 0011 MENIAL 11.92THC-4113 SECTION 1.2 —CITY OF VIRGINIA BEACH NEW POLICY INITIATIVES 7 C0131010.1W.3111713011300011,1101311.0.0011,331313,31EXTS ,x.wed by Carnal m<mber.Per..8 REWIRING THE REPORTING 031.051 00 STOLEH FIRE9111015 103013.1.110330,13053113100. TEMPORARY DETBYTION ORDER rIDO, TEN100.3113.1030Erfnr2010130313,100, 33.03133•13.1319030000 Ver1111339 303016 PUBUC KARIM MOTICE RECKHREMENT PROLISREHIEXT1190365 EXEMPTION FOR 111331,31131W3 0.30/1500.3 53-19000335 FOR WC0KERSCOMPIENSATIOH NM., COSTS 0030000113313113-QUALIfICATION0P23011304334,0131103 B0010 w0.03613 131006/33.03 FOR HOWTRANSIOPTA/10.0 contsrmucnox113033,5333101.5.5(..50 sper...ed counc,I member, Bo.V., 1331,30,000•301090330910100ELAM3130,161010•01131EHTS 3,3003039d 03 Count310,01393.1ohn Moss 0.3300.1309TROSTEIS -LOCAL 31.1/3XCF 00.1.120 .Drr 20. 1000110EMENT OF 01300101,000.311313.3COREMIEMS ...s.recl try couna member. 21 MICRO 61.1513.1355 PROCUREMENT 1.1304.01 9. 3390,10T00113000120•023133013•TION 0.000111CABILT CON0•113310131011130. VOTING 22. f011OW1314 50(1,51-0,00.0091.3 31.1010. ROADS TRANSPORTATION ALCC0119130103M COM0135510,10.01 13. 43130113,930309•1,0333.630.5 RECEIV044,115 !MEWS Of W330033CCOPER10133,931091131301101020330 September 2, 2014 -14 - CITY MANAGER'S BRIEFINGS LEGISLATIVE AGENDA ITEM #64092 (Continued) Below are the Long Term Policy positions: LONG-TERM POLICY POSITIONS Post -Labor Day Opening for Schools Sponsored by the Virginia Beach City Council Expansion of the Virginia Human Rights Act Sponsored by the Virginia Beach City Council Moratorium on Uranium Mining Sponsored by the Virginic Beach City Council September 2, 2014 -15 - CITY MANAGER'S BRIEFINGS LEGISLATIVE AGENDA ITEM #64092 (Continued) This is the last year the City is asking for State Funding for the Base Realignment and Closure (BRAC) effort. The City is requesting $5 -MILLION; however, a little over $2 -MILLION is in the State's Budget: LONG-TERM POLICY POSITIONS Medicaid Expansion Position Sponsored by the Virginia Beach City Council Continued Funding for Base Realignment and Closure (BRAC) Effort Sponsored by the Virginia Beach City Council Increased Funding for Mental Healthcare Sponsored by the Virginia Beach City Council The City has several New Policy/Code Initiatives: September 2, 2014 -16 - CITY MANAGER'S BRIEFINGS LEGISLATIVE AGENDA ITEM #64092 (Continued) Mayor Sessoms is sponsoring the Commonwealth Transportation Board appointments in requesting they be made by Congressional Districts in an effort to ensure the funds are distributed more equitable: NEW POLICY/CODE INITIATIVES Commonwealth Transportation Board Appointments Sponsored by Mayor William D. Sessoms, Jr. Commonwealth Transportation Board Appointments September 2, 2014 -17 - CITY MANAGER'S BRIEFINGS LEGISLATIVE AGENDA ITEM #64092 (Continued) Commonwealth Transportation Board Appointments VDOT Construction Districts Mayor Sessoms is also sponsoring the requests for JLARC to review the equity in funding for transportation and HRTAC voting be amended in order to update the current convoluted process.• 10 NEW POLICY/CODE INITIATIVES JLARC Review of the Equity of Transportation Funding Sponsored by Mayor William D. Sessoms, Jr. HRTAC VOTING Sponsored by Mayor William D. Sessoms, Jr. HRTAC Use of Weldon Cooper Population Information Sponsored by Mayas William D. Sessoms, Jr. September 2, 2014 -18 - CITY MANAGER'S BRIEFINGS LEGISLATIVE AGENDA ITEM #64092 (Continued) Councilman Wood, at the request of the Police Department, is requesting a requirement be established that any lost or stolen firearm be reported: NEW POLICY/CODE INITIATIVES Requiring the Reporting of Lost or Stolen Firearms Sponsored by Council Member, Jim Wood Examination of Those Under Temporary Detention Order (TDO) Sponsored by Council Member, Amelia N. Ross -Hammond Temporary Detention Order (TDO) Evaluation Required within 24 Hours Sponsored by Cowin! Member, Amelia N Ross -Hammond There are a number of initiatives that have been requested by Staff that need sponsoring: 14 15 16 NEW POLICY/CODE INITIATIVES Public Hearing Notice Requirement Sponsored by, Pending Procurement Process Exemption for Investment Advisors Sponsored by, Pending Fee Schedules for Workers Compensation Medical Costs Sponsored by, Pending September 2, 2014 -19 - CITY MANAGER'S BRIEFINGS LEGISLATIVE AGENDA ITEM #64092 (Continued) 17 18 19 NEW POLICY/CODE INITIATIVES Remove the Pre -Qualification Requirement for the Bond Waiver Program for Non -Transportation Construction Projects Under $500,000 Sponsored by Council Member, Bob Dyer Expedited Payment ofJob-Related Pension Payments Sponsored by Council Member, John D. Moss Board of Trustees — Local Finance Board Sponsored by, Pending 20 21 22 23 NEW POLICY/CODE INITIATIVES Enforcement of Prompt Payment Requirements Sponsored by Council Member, Bob Dyer Micro Business Procurement Program Sponsored by Council Member, Bob Dyer Following Bikes Too Closely Sponsored by, Pending General Assembly Members Receiving VRS Benefits Sponsored by, Pending September 2, 2014 -20 - CITY MANAGER'S BRIEFINGS LEGISLATIVE AGENDA ITEM #64092 (Continued) Below is the schedule for the consideration of the proposed Legislative Agenda: SCHEDULE FOR LEGISLATIVE AGENDA ADOPTION ➢ September 2, 2014 — Draft Presentation to Council ➢ September 16, 2014 — Public Hearing on the Agenda ➢ October 21, 2014 — Final Adoption Mayor Sessoms thanked Mr. Mathias for his work. September 2, 2014 -21 - CITY COUNCIL LIAISON REPORTS ITEM #64093 4:50 P.M. There were no Liaison Reports September 2, 2014 -22 - CITY COUNCIL COMMENTS ITEM #64094 4:51 P.M. Councilman Moss referenced an article regarding a survey Old Dominion University conducted re satisfaction on local government as a whole. Councilman Moss requested the City Manager obtain a copy of their survey as the findings do not match the survey the City conducts. He suggested the City take a look at the methodology used by ODU and determine why there is such a discrepancy between the two surveys. September 2, 2014 -23 - CITY COUNCIL COMMENTS ITEM #64095 Council Lady Henley advised the Green Ribbon Committee requested City Council discuss what would be needed to provide more of an "Incentive Package " for programs at the upcoming Retreat. September 2, 2014 -24 - CITY COUNCIL COMMENTS ITEM #64096 Council Lady Kane asked if the City had any answers for the email City Council received from Bill Bailey, President of the Virginia Beach Firefighters Association, regarding the employees "earned benefits" and the new Payroll Reporting System. Deputy City Manager Dave Hansen advised that upon returning from the three (3) day Labor Day weekend, Staff received an email from Bill Bailey regarding the apparent discrepancy in annual and sick days earned. Mr. Hansen, along with Payroll Staff, spent several hours going over Mr. Bailey's annual and sick leave. They found no discrepancies. However, it is true that as a result of the new Reporting System, the accrued time did not appear on the end of May's paycheck. The adjustments were made and appeared on the June 15th paycheck. Council Lady Kane asked about those employees who are retired? Mr. Hansen advised that all of those were carefully scrutinized. He reviewed a few of those today and was surprised to find that an individual with over thirty (30) years of public service is retiring with only 10.75 hours of sick leave. Mr. Hansen suggested the City may want to look into how sick leave is used during the final years of employment and how it is managed. September 2, 2014 -25 - CITY COUNCIL COMMENTS ITEM #64097 Councilman Moss asked if he could receive the City's timeline on the Arena and when the next Public Discussion/Dialogue will be scheduled in the near future. September 2, 2014 -26 - CITY COUNCIL COMMENTS ITEM #64098 Mayor Sessoms expressed his pride in the City and how the crowds were handled over the Labor Day Holiday weekend. He was and is so proud of how the City handled the tremendous amount of people visiting the Oceanfront this past weekend. Along that same line, the Mayor went to Lake Edward Day, where they served over 2,500 meals. The City's Police Department and stafffrom the Library were playing basketball with the residents. The folks from the Community Services Board and the faith based organizations work well together. The Mayor is so proud of the Lake Edward neighborhood and how successfully they are improving their lives and community. September 2, 2014 -27 - AGENDA REVIEW SESSION 4:58 P.M. ITEM #64099 BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTION 1. Ordinance to DECLARE EXCESS PROPERTY at 253 and 257 Roselynn Lane; and, AUTHORIZE the sale to Betty S. Rouse 2. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned rights- of-way for: a. The CHESAPEAKE BAY FOUNDATION, INC. into Marlin Bay Drive re construction of the "Brock Environmental Center" b. TCA BLOCK 11 OFFICE, LLC, TCA BLOCK 11 GARAGE, LLC, and TOWN CENTER CONDOMINIUM 11 OWNERS ASSOCIATION, INC. re overhangs and canopies at Main Street and Town Center Drive 3. Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: a. $257.14 from prior year's balances to the 2012-13 FOUR FOR LIFE Grant Fund b. $200.00 from the Fire Department's Gift Fund re purchase of a grill for Station 11 c. $1,155,151 from the 2014-15 Water and Sewer Program re Pacific Avenue Water Improvements 4. Resolution to RESCHEDULE the November 4, 2014, City Council Session to November 25, 2014 and CANCEL the November 11, 2014, Informal Briefing Session September 2, 2014 -28 - AGENDA REVIEW SESSION ITEM #64099(Continued) BY CONSENSUS, the following shall compose the CONSENT AGENDA: K. PLANNING **ADVERTISED FOR SEPTEMBER 2, 2014, IN ERROR Application of TIDEWATER MEDICAL TRAINING/NORTHAMPTON EXECUTIVE CENTER, LLC for a Conditional Use Permit - BAYSIDE — DISTRICT 4 EXPEDITED AND ADOPTED AUGUST 19, 2014 - NO ACTION NECESSARY** 1. Application of VIRGINIA WESLEYAN COLLEGE for a Street Closure of a portion of Burma Road DISTRICT 4 — BAYSIDE 2. Application of THE SUNDIN DENTAL CENTER, LLC for Modification of PROFFERS re space available of a Conditional Change of Zoning (approved January 23, 2001) re retail/office uses at 1385 Laskin Road DISTRICT 6 — BEACH 3. Application of DIANA BUHRMANN and HOOPER MANAGEMENT CO. for a Conditional Use Permit re a Home Family Child Daycare with a maximum of twelve (12) children at 3245 Florence Street DISTRICT 6 — BEACH 4. Application of ANTOINETTE HENDERSON and BRIAN and KIM MOSES for a Conditional Use Permit re a Home Family Child Daycare with a maximum of twelve (12) children at 1812 Brownstone Court DISTRICT 1— CENTERVILLE. 5. Application of SOUTHERN PERFORMANCE and BROTHERS TOO, LLC for a Conditional Use Permit re vehicle repair at 5156 Virginia Beach Boulevard DISTRICT 4 — BAYSIDE 6. Application of CAMERON JUSTIN MUNDEN and GRANTED WISH, LLC for a Conditional Use Permit re a bulk storage yard at 853 South Birdneck Road DISTRICT 6 — BEACH 7. Ordinance to AMEND Section 211 of the City Zoning Ordinance (CZO) re signage for schools (Deferred August 19, 2014) September 2, 2014 -29- ITEM#64100 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A) (1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees 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 LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). City v. Munden & Associates September 2, 2014 -30- ITEM#64100 (Continued) Upon motion by Council Lady Kane, seconded by Council Lady Ross -Hammond, City Council voted to proceed into CLOSED SESSION at 4:59 P.M. 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 (Closed Session 4:59 P.M. 5: 45 P.M.) **Vice -Mayor Jones left the room during a portion of the Closed Session re a possible conflict of interest September 2, 2014 -31 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL SEPTEMBER 2, 2014 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, September 2, 2014, at 6:00 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 INVOCATION: Rabbi Israel Zoberman Beth Chaverim Synagogue PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is his practice to thoroughly review each City Council agenda to idents 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. September 2, 2014 -32 - Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Towne Realty ("Prudential"). Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identing any matters in which she might have an actual or potential conflict. If during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of August 13, 2013, is hereby made a part of the record. September 2, 2014 Item -VI-E CERTIFICATION -33- ITEM #64101 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye. Robert M Dyer, 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 September 2, 2014 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #64100 Page 30, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. uth Hodges Fraser, MMC City Clerk September 2, 2014 Item -VI -F.1 MINUTES -34- ITEM #64102 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of August 19, 2014. Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, 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 Council Members Abstaining: Shannon DS Kane September 2, 2014 -35 - ADOPT AGENDA FOR FORMAL SESSION ITEM #64103 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION September 2, 2014 Item—VI-H.I MAYOR'S PRESENTATIONS -36- ITEM #64104 RESOLUTION IN MEMORI UM — Mary Russo Honorable Delegates Bill DeSteph and Ron Villanueva Representatives of the Virginia General Assembly Mayor Sessoms introduced and welcomed Delegates Bill DeSteph and Ron Villanueva. Delegates DeSteph and Villanueva presented House Joint Resolution No. 5011 "Celebrating the life of Mary Caligari Russo" as an expression of the General Assembly's respect for her memory. Mary Caligari Russo passed away March 19, 2014. Ms. Russo was a great Virginia citizen and a respected member of the Virginia Beach Community. She was honored many times during her life by Governmental appointments to meaningful State agencies Mary E. Riley and Philip L. Russo, Jr., her daughter and son with their families accepted the Resolution and expressed appreciation to Delegates DeSteph and Villanueva for honoring their Mother's memory. September 2, 2014 COMMONWEALTH OF VIRGINIA GENERAL ASSEMIB HOUSE JOINT RESOLUTION NO. 5011 Celebrating the life of Mary CAligari Russo Agreed to by the House of Delegates, April 8, 2014 Agreed to by the Senate, June 12, 2014 WHEREAS, Mary Caligari Russo, a beloved family woman and vibrant member of the Virginia Beach community, died on March 19, 2014; and WHEREAS, Mary Russo served for 46 years as a volunteer with the City of Virginia Beach, including as the City Council -appointed chair and founding director of the City of Virginia Beach Office of Volunteer Resources; and WHEREAS, Mary Russo was appointed by former Governors A. Linwood Holton, Jr., and Mills E. Godwin, Jr., to the Drug Advisory Council, as well as the Education Grant Review Committee; and WHEREAS, Mary Russo founded many local programs, such as First Steps Virginia Beach, the Virginia Beach Citizen Corps, and the Virginia Beach Volunteer Council; and WHEREAS, Mary Russo served as the chair of various state and local initiatives, including the United Drug Abuse Council, the Virginia Beach Drug Ford Focus Committee, the Sentara Bayside Hospital Ethics Committee, the Pendleton Child Service Center, the United Way Family Center, and many other programs; and WHEREAS, Mary Russo's contributions to her community were recognized through numerous awards, such as the First Citizen of Virginia Beach, the Knights of Columbus Layman Award, the Benign Birth Salute the Women Award, the Virginia Council of Social Welfare Outstanding Citizenship Award, the Virginia Beach Bar Association's Liberty Bell Award, the City of Virginia Beach City Manager's Award, and Cox Cable's Great Citizen of Tidewater Award; and WHEREAS, Mary Russo generously and tirelessly worked to recognize the individuals who gave their most precious gift—their time—by volunteering in all aspects of local government; and WHEREAS, the Volunteer Recognition Garden at the municipal center in Virginia Beach was created in 1988 as a project of the Volunteer Council to honor volunteers such as Marx Russo, and it has been named the Mary Russo Garden in her honor; and WHEREAS, as a volunteer coordinator, Mary Russo saved Virginia Beach over $20 million each year by having volunteers trained through her offices to perform needed services for the city; and WHEREAS, through her 87 years, she served not only the community, but was also the wife of a Virginia Beach Circuit Court judge and the mother of three children, in whom she instilled a deep appreciation for the value of community service; and WHEREAS, predeceased by her loving husband of 55 years, Mary Russo will be fondly remembered and greatly missed by her children, Mary R. Riley, Lee Ann Russo, and Philip L. Russo, Jr., and their families, and citizens from across the Commonwealth; now, therefore, be it RESOLVED by the House of Delegates, the Senate concurring, That the General Assembly hereby note with great sadness the loss of a great Virginia citizen and a respected member of the Virginia Beach community, Mary Caligari Russo; and, be it RESOLVED FURTHER, That the Clerk of the House of Delegates prepare a copy of this resolution for presentation to the family of Mary Caligari Russo as an expression of the General Assembly's respect for her memory. House Patrons: DeSteph, Davis, Knight, Stolle, Taylor, and Villanueva Senate Patrons: Wagner and McWaters Clerk of the House of Delegates Item—VI-H.2 MAYOR'S PRESENTATIONS -37- ITEM #64105 KING NEPTUNE XLI, THOMAS A. BARTON, HI and COURT Ken Cummings, 2014 Chair Mayor Sessoms welcomed Celebration Chairman Ken Cummings. Mr. Cummings expressed appreciation, on behalf of the Neptune Organization, for the support the City continues to provide. The Neptune Festival Organization is comprised of over 800 Volunteers. The Festival is the Official Celebration of the City and is one of the top festivals in the Country. The Neptune Festival was established forty-one (41) years ago as a means of extending the "Resort Season" by providing a celebration to its citizens. The Neptune Festival has evolved into an organization that is now involved with virtually every major charitable organization in the City. Mayor Sessoms expressed appreciation to President, Nancy Creech and the Members of the Neptune Festival. The Mayor and City Council are extremely proud of their accomplishments. Mr. Cummings presented King Neptune XLI and his Court: 2014 ROYAL COURT KING NEPTUNE XLI Thomas A. Barton, III President Beach Ford PRINCESSES Anna Jane Gunter Alicia Marie Hanaczewski Katelyn Rose Jordan Riley Lee Lawson Alexandria Grace McNulty Margaret Elizabeth Michels Ellie Michelle Marie Randolph Megan Elizabeth Rayhill Peyton Elizabeth Willcox Lucy Elizabeth Willis September 2, 2014 Item -VI-H.2 MAYOR'S PRESENTATION -38- ITEM #64105 (Continued) TRITONS John T.H. Carpenter Thomas G. Gill Andrew C. Hodge Benjamin F. McClenahan Ross D. Vierra Guenter H. Weissensell Glen A. Williams Alvin W. Williams Mr. Cummings introduced KING NEPTUNE XLI, Thomas A. Barton, III. Mayor Sessoms welcomed the Royal Court King Barton thanked the Mayor and City Council for their recognition and stated it is an honor to be presented at City Council. There are a lot of people working very hard to make this Festival one of the best on the East Coast. He expressed his appreciation to the Staff and the many Volunteers. King Barton appreciates the City's support. Mayor Sessoms wished King Barton great success during his reign and thanked everyone for their representation. September 2, 2014 Item —VI -H.3 MAYOR'S PRESENTATIONS -39- ITEM #64106 D-DAY COMMEMORATION REPORT Norwood Thomas Mayor Sessoms introduced and welcomed Norwood Thomas. Mr. Thomas advised that he recently traveled to France to attend a Commemoration Celebration of D -Day. Seventy (70) years ago, on June 6, 1944, his Troop was given the Military Order to clear Causeway #1 (Poupeveville, France). Once the Mission was accomplished, his Troop made their way to the town of Hiesville, France, to set up their Division Headquarters. Mr. Thomas provided a number of photos taken during his recent trip which are hereby incorporated into the record. The photos are as follows: • The first photo provided is Mr. Thomas in Hiesville, France • The second phot is the Mayor's Estate in Hiesville, France, which was the same place his Division Headquarters was 70 year prior • A French Historian located the field in which Mr. Thomas landed and Mr. Thomas is pictured in that same field with his original parachute used on D -Day • Mr. Thomas pictured walking in the same field mentioned above • Next is Mr. Thomas presenting a letter from Mayor Sessoms to Mayor Boufard, Mayor of Hiesville. Interestingly, Mayor Boufard's grandmother was the Mayor of Hiesville on D -Day • Mr. Thomas presenting Mayor Boufard the Jefferson Cup from Mayor Sessoms and the City of Virginia Beach • Next is Mr. Thomas pictured in front of a local bar in Poupeville, France, which was frequented by his Troop 70 years earlier • Mr. Thomas was thrilled to take an airplane tour of the area in the W-7 C-47 airplane • Next is Mr. Thomas on the beach of Normandy, France. Mr. Thomas stated although he did not drop onto this beach, it was a very emotional moment as he remembered all of those that lost their lives in that very location • Mr. Thomas is pictured with a German Soldier that was a Machine Gunner on D - Day. This gentleman stated to Mr. Thomas he had nightmares every night of that infamous day • Mr. Thomas pictured receiving the French Liegion of Honor Metal September 2, 2014 III Item —VI -H.3 MAYOR'S PRESENTATIONS -40- ITEM #64I06(Continued) • Mr. Thomas and his son, Steve pictured with then Major General McConville, 101St Airborne Command General and now Lieutenant General and Deputy Chief of Staff Mr. Thomas expressed his appreciation to Mayor Sessoms for the letter and Jefferson Cup he was honored to present to Mayor Boufard in behalf of the City. Mayor Sessoms expressed his sincere appreciation and gratitude to Mr. Thomas for sharing the highlights of his trip, as well as his amazing story and service to our great Country. September 2, 2014 1 111 1 11 -41 - Item -VI-I.1 PUBLIC HEARINGS ITEM #6410 7 Mayor Sessoms DECLARED A PUBLIC HEARING: EXCESS CITY -OWNED PROPERTY 253-257 Roselynn Lane There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. September 2, 2014 Item -VI-J ORDINANCES/RESOLUTIONS -42- ITEM #64108 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT, IN ONE MOTION, Items 1, 2a/b, 3a/b/c and 4 of the CONSENT AGENDA. 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 September 2, 2014 Item -VI -J.1 ORDINANCES/RESOLUTIONS -43- ITEM #64109 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE EXCESS PROPERTY at 253 and 257 Roselynn Lane; and, AUTHORIZE the sale to Betty S. Rouse 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 September 2, 2014 1 AN ORDINANCE DECLARING THE 2 PROPERTY LOCATED AT 253/257 3 ROSELYNN LANE (GPIN 2417-05-2612) TO 4 BE IN EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO 6 SELL THE PROPERTY TO BETTY S. 7 ROUSE. 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 10 certain 6,246 sq. ft. parcel of land located at 253/257 Roselynn Lane (the "Property") 11 more particularly described on Exhibit "A" attached hereto and made a part hereof; 12 13 WHEREAS, the City acquired the Property pursuant to the APZ-1 14 Acquisition Program; 15 16 WHEREAS, the City funded the acquisition of the Property through a 17 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 18 contributing fifty percent (50%) of the funds; 19 20 WHEREAS, the Property is in the midst of other residences and at the 21 time of acquisition was improved with a developed duplex that is slated for demolition; 22 23 WHEREAS, Betty S. Rouse (the "Buyer") owns the adjacent property and 24 has requested to purchase the Property in order to utilize it in a manner compatible with 2 5 the APZ-1 Ordinance; 26 27 WHEREAS, the Buyer desires to purchase the Property in accordance with 28 the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 29 30 WHEREAS, the APZ-1 Disposition Committee has recommended that City 31 Council declare the Property to be in excess of the City's needs and sell the Property to 32 the Buyer; and 33 34 WHEREAS, the City Council is of the opinion that the property is in excess 35 of the needs of the City of Virginia Beach. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 38 OF VIRGINIA BEACH, VIRGINIA: 39 40 That the Property located at 253/257 Roselynn Lane is hereby declared 41 to be in excess of the needs of the City of Virginia Beach and that the City Manager is 42 hereby authorized to execute any documents necessary to convey the Property to 43 Betty S. Rouse in accordance with the Summary of Terms attached hereto as Exhibit 44 "B" and such other terms, conditions or modifications as may be acceptable to the City 45 Manager and in a form deemed satisfactory by the City Attorney. 46 47 Further, that revenue from the sale of the Property in the amount of 48 $6,246 shall be received and fifty (50) percent of this amount shall be appropriated to 49 CIP #9-060, Oceana Interfacility Traffic Area Conformity & Acquisition, and fifty (50) s o percent shall be deposited for future payment by the City Manager to refund the 51 Commonwealth's portion in accordance with the grant agreement. A manual 52 encumbrance will be established to ensure that the $3,123 retained by the City will be 53 available for BRAC program acquisitions in future years per the agreement with the 54 Commonwealth. 55 56 This ordinance shall be effective from the date of its adoption. 57 58 Adopted by the Council of the City of Virginia Beach, Virginia, on the 59 2nd day of September , 2014. CA12973 R-1 8/18/14 \\vbgov.com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d008\p024\00147192.doc APPROVED AS TO CONTENT APPROVED AS TO CONTENT Public Works t `°- t' Management Services APPROVED AS TO LEGAL SUFFICIENCY VI --C Z C!r At grney's Office I EXHIBIT "A" GPIN 2417-05-2612 (253/257 Roselynn Lane) All that certain lot, piece or parcel of land with the buildings and improvements thereon, located in Oceana Gardens in the City of Virginia Beach, Virginia, and known numbered and designated as Lot Thirty (30) of the Plat of Hillcrest duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 13, at page 8, and being a subdivision of parts of Plots Sixteen (16) and Eighteen (18) of the original Plat of Oceana Gardens; the said Lot Thirty faces fifty (50) feet on the West side of Virginia Avenue (now Roselynn Lane) and back between parallel lines one hundred twenty-five (125) feet. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the above- described property. IT BEING the same property conveyed to the City of Virginia Beach by deed from Russell Willoughby dated April 28, 2014 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 20140512000413690. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 253/257 ROSELYNN LANE Seller: City of Virginia Beach Buyer: Betty S. Rouse Property: 253/257 Roselynn Lane (GPIN: 2417-05-2612) consisting of 6,246 square feet of land. Legal Description: See Exhibit "A" to Ordinance Sale Price: $6,246 CONDITIONS OF SALE: • Property is purchased "As Is, Where Is." • Buyer has been advised of APZ-1 restrictions for use. • Buyer may use the Property for accessory structures, or Buyer may otherwise utilize the property for construction in conjunction with her adjacent property upon resubdivision to remove interior lot lines; however, Buyer may not add any new dwelling units. • Seller shall resubdivide the Property at its expense to vacate interior lot lines. • Seller shall demolish existing improvements on the Property. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • Seller will reserve any fee in the streets and any easements necessary for public purposes. • Closing shall occur on or before September 2, 2015. J CI a. O w m v) mZ = a Z < >- Z 2 i- O Z GA1E1 VNV33O NZ W H J o O a w W N- aO�C<oN O>.mioa (I) N CO w W Ni NNJl13SO1:1 d a 0 0 U Ni 3laalW N CO Item-VI-J.2a ORDINANCES/RESOLUTIONS -44- ITEM #64110 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE temporary encroachments into portions of City -owned rights- of-way for: a. The CHESAPEAKE BAY FOUNDATION, INC. into Marlin Bay Drive re construction of the "Brock Environmental Center" BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinances to AUTHORIZE temporary encroachments into portions of City -owned rights-of-way for The CHESAPEAKE BAY FOUNDATION, INC. into Marlin Bay Drive re construction of the "Brock Environmental Center" The following conditions shall be required: 1. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia, the City of Virginia Beach and the ADA Guidelines, and in accordance with the City's specifications and approval. 2. Providing, however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachment herein authorized is subject to the terms and conditions of that certain agreement entitled "AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE CHESAPEAKE BAY FOUNDATION, INC. FOR PEDESTRIAN PATH AND LIGHTING" on file with the City of Virginia Beach Parks and Recreation Department. 4. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 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 Encroachment. September 2, 2014 Item-VI-J.2a ORDINANCES/RESOLUTIONS -45- ITEM #64110(Continued) 6. 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. 7. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 8. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works for final approval. 9. 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"). 10. It is further expressly understood and agreed that prior to issuance of a right-of- way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two (2) times their Engineer 's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 11. 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/$250,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured Loss Payee. 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 Encroachment. 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 Encroachment sealed by a Registered Professional Engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. September 2, 2014 Item-VI-J.2a ORDINANCES/RESOLUTIONS -46- ITEM #64110(Continued) 13. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Second day of September, 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 Absent: None September 2, 2014 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO A 5 PORTION OF THE CITY RIGHT-OF-WAY 6 KNOWN AS MARLIN BAY DRIVE, LOCATED 7 ADJACENT TO GPIN 1489-47-5533, FOR 8 THE CHESAPEAKE BAY FOUNDATION, 9 INC., A MARYLAND CORPORATION 10 11 WHEREAS, The Chesapeake Bay Foundation, Inc., a Maryland corporation, 12 desires to place four (4) pedestrian lights, with related electrical conduit, and a 13 pedestrian path into an unimproved portion of the City right-of-way known as Marlin Bay 14 Drive, located adjacent to GPIN 1489-47-5533. 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon City 18 rights-of-way subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, The Chesapeake Bay 25 Foundation, Inc., a Maryland corporation, its assigns and successors in title are 26 authorized to construct and maintain a temporary encroachment for four (4) pedestrian 27 path lights, with related electrical conduit, and a pedestrian path into an unimproved 28 portion of the City right-of-way known as Marlin Bay Drive, located adjacent to GPIN 29 1489-47-5533, as shown on the exhibit entitled: "EXHIBIT A PEDESTRIAN PATH 30 LIGHTING AND PEDESTRIAN PATH ENCROACHMENT EXHIBIT FOR 31 CHESAPEAKE BAY FOUNDATION — BROCK ENVIRONMENTAL CENTER", a copy of 32 which is attached hereto as Exhibit A and is on file in the Department of Public Works, 33 to which reference is made for a more particular description; and 34 35 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 36 subject to those terms, conditions and criteria contained in the Agreement between the 37 City of Virginia Beach and The Chesapeake Bay Foundation, Inc., a Maryland 38 corporation, (the "Agreement"); and 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 41 is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 44 time as The Chesapeake Bay Foundation, Inc. and the City Manager or his authorized 45 designee execute the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd day 48 of September , 2014. APPROVED AS TO CONTENT: (,1v4' PU :LIC ra R S / REAL ESTATE CA12971 APPROVED AS TO LEGAL SUFFICIENCY AND FORM: Li1tuci C W1414W CITY ATTO EY \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D008\P024\00147227.doc R-1 August 20, 2014 50 0 50 100 150 Feet l -I a -I I--1 14 " GRAPHIC SCALE 1" -50' ONE X (UNSHADED) ( PEDESTRIAN PATH LOT 14 (MS. 5, PG. 197) PIN: 1489-47-6808 L7 0�700 �6J 10 —� �0�6¢¢�oJ PEDESTRIAN PATH / LIGHTING (QTY=4) cn 0.33,11-1 Rim =6.16 70 nv=0.60(N) D ,v=0.66(W) 0 D t 233.97' loommmoar 1 N/F CITY OF VIRGINIA BEACH (INST. #20120711000766590) PARCEL 2 RESUBDIVISION OF PLEASURE HOUSE POINT (INST. #20120710000764410) 1z 1489-47-5533 ? w I� I 14 a, ncucc 7DEES ACCESS DRIVE EASEMENT /NST/ 20120711000766560 o0vQ- Landscape Architecture Land Surveying Civil Engineering wpleite.corn 757.431.1041 22WSW lltLSTEUAW URA23452 JN: 212-0069 EXHIBIT A PEDESTRIAN PATH LIGHTING AND PEDESTRIAN PATH ENCROACHMENT EMT CHESAPEAKE BAY FOUNDATION - BROCK ENVIRONMENTAL CENTER REFERENCE PLAT RECORDED AT MAP BOOK 113, AT PAGE 16 IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH, VIRGINIA SCALE: 1"= 50' DSC: G03-720 JULY 31, 2014 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 day of , 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and THE CHESAPEAKE BAY FOUNDATION, INC., a Maryland corporation, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "PARCEL 3"; as shown on that certain plat entitled: "RESUBDIVISION OF PLEASURE HOUSE POINT VIRGINIA BEACH, VIRGINIA", dated June 29, 2012, prepared by WPL, and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, as Virginia Instrument Number 20120710000764410, and being further designated, known, and described as GPIN 1489-57-3361; WHEREAS, it is proposed by the Grantee to construct and maintain four (4) pedestrian path lights, with associated electrical conduit, and a pedestrian path, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Marlin Bay Drive, the "Encroachment Area"; and GPIN: (CITY RIGHT OF WAY — NO GPIN REQUIRED OR ASSIGNED) Adjacent to GPIN 1489-47-5553 WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment more particularly described as follows, to -wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A PEDESTRIAN PATH LIGHTING AND PEDESTRIAN PATH ENCROACHMENT EXHIBIT FOR CHESAPEAKE BAY FOUNDATION — BROCK ENVIRONMENTAL CENTER" a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia, the City of Virginia Beach and the ADA Guidelines, and in accordance with the City's specifications and approval. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized is subject to the terms and conditions of that certain agreement entitled "AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE CHESAPEAKE BAY FOUNDATION, INC. FOR PEDESTRIAN PATH AND LIGHTING" 2 dated , on file with the City of Virginia Beach Parks & Recreation Department. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that prior to issuance of a right-of- way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 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/$250,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured Loss Payee. 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 Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. 4 It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said THE CHESAPEAKE BAY FOUNDATION, INC. has caused this Agreement to be executed in its corporate name and on its behalf by WILLIAM C. BAKER, its Chief Executive Officer and Acting President. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH, a Municipal corporation of the Commonwealth of Virginia By: (SEAL) City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2014, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) NOTARY PUBLIC My Commission Expires: My Registration Number: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2014, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. My Commission Expires: My Registration Number: 6 (SEAL) NOTARY PUBLIC THE CHESAPEAKE BAY FOUNDATION, INC., a Maryland corporation By: (SEAL) William C. Baker, Chief Executive Officer and Acting President STATE OF CITY / COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 2014, by WILLIAM C. BAKER, as Chief Executive Officer and Acting President of THE CHESAPEAKE BAY FOUNDATION, INC., a Maryland corporation (SEAL) NOTARY PUBLIC My Commission Expires: My Registration Number: APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: I=D' Iic Works / Real Estate City Attorney arn-A, C. r, 7 50 150 Feet) GRAPHIC SCALE 1"-50' ONE X (UNSHADED) PEDESTR/AN PATH cn 3MH Rim=6.16 nv=0.60(N) ,v=0.66(W) -o 1 233.97' Landscape Architecture Land Surveying Civil Engineering wpIsite.com 757.431.1041 242 MbTNIC DAL Sit 8 %ItGIM Wl, M 23452 JN: 212-0069 i/I N/F CITY OF VIRGINIA BEACH / (INST. #20120711000766590) PARCEL 2 RESUBDIVISION OF PLEASURE HOUSE POINT (INST. #20120710000764410) GPIN• 1489-47-5533 nrucr T r S —tel✓' W ACCESS DRIVE EASEMENT - INST# 20120711000766560 o EXHIBIT A PEDESTRIAN PATH LIGHTING AND PEDESTRIAN PATH ENCROACHMENT SIT FOR CHESAPEAKE BAY FOUNDATION - BROCK ENVIRONMENTAL CENTER REFERENCE PLAT RECORDED AT MAP BOOK 113, AT PAGE 16 IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH, VIRGINIA SCALE: 1"= 50' DSC: G03-720 JULY 31, 2014 J W City Properties •1- 0 N N Prepared by P.W/Eng /Eng Support Services Bureau 08/ Item-VI-J.2b ORDINANCES/RESOLUTIONS -47- ITEM #64111 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE temporary encroachments into portions of City -owned rights- of-way for: b. TCA BLOCK 11 OFFICE, LLC, TCA BLOCK 11 GARAGE, LLC, and TOWN CENTER CONDOMINIUM 11 OWNERS ASSOCIATION, INC. re overhangs and canopies at Main Street and Town Center Drive BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinances to AUTHORIZE temporary encroachments into portions of City -owned rights-of-way for TCA BLOCK 11 OFFICE, LLC, TCA BLOCK 11 GARAGE, LLC, and TOWN CENTER CONDOMINIUM 11 OWNERS ASSOCIATION, INC. re overhangs and canopies at Main Street and Town Center Drive The following conditions shall be required: 1. Grantee shall not be permitted to make changes to the Temporary Encroachments without the prior written consent of City Council, which consent can be withheld at the City's sole discretion. Any changes to the Temporary Encroachments shall be constructed (a) in a good and workmanlike manner and (b) in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach. 2. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Areas, in the event of an emergency or public necessity, and Grantee, to the extent of their respective interests therein, shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachments herein authorized shall terminate upon notice by the City to the Grantee (the "Termination Notice'), and that within one hundred eighty (180) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Areas by the Grantee; and that the Grantee will bear all costs and expenses of such removal, to the extent of their respective interests in the Temporary Encroachments. In the event that Grantee fails to remove the Temporary Encroachments within such one hundred eighty (180) day period, then City shall have the right to remove the Temporary Encroachments at Grantee's sole cost and expense, to the extent of their respective interests in the Temporary Encroachments. 4. It is further expressly understood and agreed that the Grantee, to the extent of their respective interests in the Temporary Encroachments, shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, arising out of the construction, location or existence of the Temporary Encroachments. September 2, 2014 Item-VI-J.2b ORDINANCES/RESOLUTIONS -48- ITEM #64111(Continued) 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than the Temporary Encroachments specified herein and to the limited extent specified herein; provided, however, in the event of a casualty or damage to or destruction of the Temporary Encroachments, and provided the provisions of this Agreement are otherwise satisfied and the City had not given the Termination Notice prior to such casualty or damage to or destruction of the Temporary Encroachments, the Grantee shall be entitled to reconstruct the Temporary Encroachments pursuant to this Agreement in substantially the same location and with substantially the same materials without the need for approval by the City Council of a new Encroachment Agreement, provided such reconstructed Temporary Encroachments shall be contained within the Encroachment Areas. 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments in good condition and repair. The Temporary Encroachments shall not become unsightly or hazardous. 7. It is further expressly understood and agreed that the Grantee must submit and have approved (by all applicable authorities and jurisdictions) a Traffic Control Plan before commencing any work in the Encroachment Areas. 8. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. 9. It is further expressly understood and agreed that prior to issuance of a right-of- way/utility easement permit, in addition to obtaining City's written approval (which approval may be withheld at City's sole discretion), the Grantee must also post a bond or other security, in the amount of two (2) times their Engineer's cost estimate, to the Office of Planning Department to guard against damage to City property or facilities during any construction. 10. It is further expressly understood and agreed that the owner of the Office Tower Unit must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City for the Temporary Encroachments, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The owner of the Office Tower Unit also agrees to carry comprehensive general liability insurance in an amount not less than $500, 000.00, combined single limits of such insurance policy (or policies) covering the Temporary Encroachments. The owner of the Office Tower Unit 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 such insurance policies. The Grantee, to the extent of their respective interests in the Temporary Encroachments, assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachments. September 2, 2014 Item-VI-J.2b ORDINANCES/RESOLUTIONS -49- ITEM #64111(Continued) 11. It is further expressly understood and agreed that the owner of the Office Tower Unit must submit for review and approval, a survey of the Encroachment Areas, certified by a Registered Professional Engineer or a Licensed Land Surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a Registered Professional Engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 12. 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 owner of the Office Tower Unit, 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 owner of the Office Tower Unit for the use of the Encroachment Areas, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the owner of the Office Tower Unit; 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. 13. The Association executes this Agreement for the purposes of acknowledging its requirements and, to the extent it has, or may have, any obligations hereunder pursuant to the Condominium Instruments, accepting responsibility for same. TCA 11 Garage executes this Agreement for the purposes of acknowledging its requirements and, to the extent it has, or may have, any obligations hereunder pursuant to the Condominium Instruments or the Assignment, accepting responsibility for same. 14. The provisions of this Agreement shall be binding upon the Grantee and the respective successors and assigns of the Grantee. Upon transfer of title to the Office Tower Unit, the rights and obligations of the owner(s) of the Office Tower Unit hereunder shall transfer automatically to the Transferee of the Office Tower Unit, and the Transferor of the Office Tower Unit shall be released from all liability arising from facts or circumstances arising after the date of recordation of the deed transferring the Office Tower Unit. September 2, 2014 -50- Item-VI-J.2b ORDINANCES/RESOLUTIONS ITEM #64111(Continued) 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 September 2, 2014 1 AN ORDINANCE AUTHORIZING TEMPORARY 2 ENCROACHMENTS INTO PORTIONS OF CITY 3 RIGHTS-OF-WAY KNOWN MAIN STREET AND 4 TOWN CENTER DRIVE BY TCA BLOCK 11 5 OFFICE, L.L.C., TCA BLOCK 11 GARAGE, L.L.C. 6 AND TOWN CENTER CONDOMINIUM 11 7 OWNERS ASSOCIATION, INC. 8 9 WHEREAS, TCA Block 11 Office, L.L.C., a Virginia limited liability company, TCA 10 Block 11 Garage, L.L.C., a Virginia limited liability company and Town Center 11 Condominium 11 Owners Association, Inc., a Virginia corporation (the "Owners") own 12 property located at the intersection of Main Street and Town Center Drive, known as 13 Town Center Block 11A (GPIN: 1477-54-8537); 14 15 WHEREAS, the Owners have submitted an application for temporary 16 encroachments into the City's rights-of-way known as Main Street and Town Center 17 Drive, consisting of existing multiple canopies and architectural facing overhangs on the 18 building (the "Encroachments"); 19 20 WHEREAS, the Encroachments are located at the northwestern corner of the 21 building, partially along the Main Street side of the building and partially along the Town 22 Center Drive side of the building, as shown on Exhibits A, B & C attached hereto; and 23 24 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 25 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 26 City's property subject to such terms and conditions as Council may prescribe. 27 28 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 1. That pursuant to the authority and to the extent thereof contained in 32 §§15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Owners are 33 authorized to construct and maintain the Encroachments into City right-of-way, as 34 shown on Exhibits A, B & C, attached hereto and made a part hereof. 35 36 2. That the Encroachments are expressly subject to those terms, conditions 37 and criteria contained in that certain encroachment agreement between the City of 38 Virginia Beach and the Owners (the "Agreement"). 39 40 3. That the City Manager or his authorized designee is hereby authorized to 41 execute the Agreement, and such other terms, conditions and modifications as may be 42 acceptable to the City Manager and in a form deemed satisfactory by the City. 43 44 4. That this Ordinance shall not be in effect until such time as the Owners 45 and the City Manager or his authorized designee execute the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd day 48 of September 2014. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM M/JiL7? pec zv blic Works / Real Estate City Attorney APPROVED AS TO CONTENT Economic Development CA12959 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D031 \P010\00145375.doc R-1 August 18, 2014 Vhb\proj\VaBeach\33604.00 AH Block 11 Lot\cad\sr\planset\33604canopy—enc.dwg /8.05' 6.19'- 8.05' 5.52' ENC. Q oco 4.4 141 E--{" N W R.O8Icoou co •, Z 5.51' ENC. (SEE CANOPY DETAIL) MAIN STREET 86' PUBLIC R/W INST. #200212303086483 INST. #200212313087765 87.78' CANOPY -FACE OF BUILDING RIGHT OF WAY TOWN CENTER DRIVE FACE OF BUILDING 15 -STORY CONC/GLASS BUILDING 5.02' ENC. -(SEE CANOPY DETAIL) -1. -RIGHT OF WAY MAIN STREET TOWN CENTER BLOCK 11A GPIN 1477-54-8537-0000 OVERHEAD VIEW 20 0 20 SCALE IN FEET N c) D N rn -t7 1 > Z rn C Co CO04 0 0 wz Vanasse Hangen Brastlin, Inc. Transportation, Land Development and Environmental Services Two Columbus Center, 4500 Main Street Suite 400, Virginia Beach, Virginia 23462 Phone 757/490-0132 • Fax 757/490-0136 Exhibit A Showing Canopy Encroachment Over Town Center Drive & Main Street Right -Of -Way Town Center Block 11A GPIN 1477-54-8537-0000 Date 04/30/14 Scale 1" = 20' VHBCad File Name 33604canapy-enc Project Number 33604.00 Vhb\prof\VaBeach\33604.00 AH Block 11 Lot\cad\sr\planset\33604canopy—enc.dwg N CANOPY 5.02' ENC. 7.75' SIDEWALK. 13.00' HEIGHT OF CANOPY v. MAIN STREET CANOPY DETAIL NOT TO SCALE FACE OF BUILDING CANOPY' 5.51' ENC. 7.75' w ¢ cc w U0 ~! 0 0 r 13.00' HEIGHT OF CANOPY 4. ' SIDEWALK. •- v: v - TOWN CENTER DRIVE CANOPY DETAIL NOT TO SCALE FACE OF BUILDING Sheet 2 of 3 Vanasse Hangen Brustlin, Inc. Transportation, Land Development and Environmental Services Two Columbus Center, 4500 Main Street Suite 400, Virginia Beach, Virginia 23462 Phone 757/490-0132 • Fax 757/490-0136 Exhibit A Showing Canopy Encroachment Over Town Center Drive & Main Street Right -Of -Way Town Center Block 11A GPIN 1477-54-8537-0000 Date 04/30/14 Scale As Noted VHBCad File Nome 33604canopy-enc Project Number 33604.00 Vhb \proj\VoBeoch \33604.00 AH Block 11 Lot \cad\sr\pionset\33604canopy-enc.dwg 5.80' ENC. 4.10' ENC. (SEE CANOPY DETAIL) 5.80' ENC. 0.75' • 1,44 in q �� 44�10 M .NN aThi ' N co 0 MAIN STREET 86' PUBLIC R/W INST. #200212303086483 INST. #200212313087765 1.42'RIGHT OF WAY MAIN STREET 13.17', -- CANOPY I FACE OF BUILDING 15—STORY CONC/GLASS BUILDING TOWN CENTER BLOCK 11A GPIN 1477-54-8537-0000 OVERHEAD VIEW SCALE: 1. "=10' L---4.10 ENC. N CANOPY RIGHT OF WAY OW w CANOPY DETAIL NOT TO SCALE 28.30' HEIGHT OF CANOPY 12.14' a. - a' 7 SIDEWALK. e a FACE OF BUILDING Sheet 3 of 3 Vanasse Hangen Brustlin, Inc. Transportation, Land Development and Environmental Services Two Columbus Center, 4500 Main Street Suite 400, Virginia Beach, Virginia 23462 Phone 757/490-0132 • Fax 757/490-0136 Exhibit A Showing Canopy Encroachment Over Town Center Drive & Main Street Right -Of -Way Town Center Block 11A GPIN 1477-54-8537-0000 Date 04/29/14 Scale As Noted VHBCad File Name 33604cauopy-enc Project Number 33604.00 Vhb\proj\VoBeach\33604.00 AH Block 11 Lot\cad\sr\pionset\33604roof-enc.dwg 8.08' ENC. 8.15' 3.28' ENC. MAIN STREET 86' PUBLIC R/W INST. #200212303086483 INST. #200212313087765 84.85' 3.26' ENC. —(SEE CANOPY DETAIL) _ — ROOF :CANOPY 0.83' ENC. W CZ) CO CO co W =MN1 6.4 17) Ca 44 E8 -co noh 00 Zz In 00 0 1 1 —FACE OF BUILDING —RIGHT OF WAY MAIN STREET RIGHT OF WAY TOWN CENTER DRIVE FACE OF BUILDING 3.09' 0.85' ENC. (SEE CANOPY DETAIL) 15—STORY CONC/GLASS BUILDING TOWN CENTER BLOCK 11A GPIN 1477-54-8537-0000 OVERHEAD VIEW 20 0 20 SCALE IN FEET —5.98' Vanasse Hangen Brustlin, Inc. Transportation, Land Development and Environmental Services Two Columbus Center, 4500 Main Street Suite 400, Virginia Beach, Virginia 23462 Phone 757/490-0132 • Pax 757/490-0136 Exhibit B Showing Roof Canopy Encroachment Over Town Center Drive & Main Street Right -Of -Way Town Center Block 11A GPIN 1477-54-8537-0000 Date 05/02/14 Scale 1"=20' VF3BCad File Name 33604roof enc Project Number 33604.00 Vhb\proj\VaBeach\33604.00 AH Block 11 Lot\cad\sr\planset\33604roof—enc.dwg ROOF 3.26' ENC. - CANOPY 222.00' HEIGHT OF CANOPY 5.98' SIDEWALK. MAIN STREET CANOPY DETAIL NOT TO SCALE FACE OF BUILDING if? 1-41 ROOF L--0.85' ENC. -1 CANOPY 222.00' HEIGHT OF CANOPY 3.09' • SIDEWALK. TOWN CENTER DRIVE CANOPY DETAIL NOT TO SCALE FACE OF BUILDING Sheet 2 of 2 0 Vanasse Hangen Brustlin, Inc. Transportation, Land Development and Environmental Services Two Columbus Center, 4500 Main Street Suite 400, Virginia Beach, Virginia 23462 Phone 757/490-0132 • Fax 757/490-0136 Exhibit B Showing Roof Canopy Encroachment Over Town Center Drive & Main Street Right -Of -Way Town Center Block 11A GPIN 1477-54-8537-0000 Date 05/02/14 Scale As Noted VHBCad File Name 33604roof-enc Project Number 33604.00 Vhb\prof\VoBeach\33604.00 AH Block 11 Lot\cad\sr\plonset\33604woll—enc.dwg 3 co co co N W rxor rn N7 CONN d8N CO CD 0.81' ENC. (SEE DETAIL) 1.35' Sheet 1 of 2 MAIN STREET 86' PUBLIC R/W INST. #200212303086483 INST. #200212313087765 67.38' 0.33' ENC. -(SEE DETAIL) 1.35' -FACE OF BUILDING RIGHT OF WAY TOWN CENTER DRIVE -RIGHT OF WAY MAIN STREET 15 -STORY CONC/GLASS BUILDING TOWN CENTER BLOCK 11A GPIN 1477-54-8537-0000 1.35'x3.00' ARCHITECTURAL FACING OVERHEAD VIEW 20 0 20 SCALE IN FEET 1.35'x3.00' ARCHITECTURAL FACING N X c3 N Z O D U) D ave O Z I D z m co 0 wo (o cn �^'z .-. a > m D x CD 0 Z til rn M Vanasse Hangen Brustlin, Inc. Transportation, Land Development and Environmental Services Two Columbus Center, 4500 Main Street Suite 400, Virginia Beach, Virginia 23462 Phone 757/490-0132 • Fax 757/490-0136 Exhibit C Showing Architectural Facing Encroachment Over Town Center Drive & Main Street Right -Of -Way Town Center Block 11A GPIN 1477-54-8537-0000 Dote 04/30/14 Scale 1"=20' VH$Cad File Name 33604wall-enc Project Number 33604.00 Vhb\proj\VaBeach\33604.00 AH Block 11 Lot\cod\sr\planset\33604canopy—enc.dwg U 0.33" ENC. 1---1.35" 4 SIDEWALK. . a -- • a- 1 e • MAIN STREET DETAIL NOT TO SCALE FACE OF BUILDING e0 0 J Q 0 U 0.81"',. ENC. o? 0 Q O LI- 1— .__1 I— J O Q CCI E— O U O U CC N Q 44 • e SIDEWALK. •v o• FACE OF BUILDING TOWN CENTER DRIVE DETAIL NOT TO SCALE Sheet 2 of 2 Vanasse Hangen Brustlin, Inc. Transportation, Land Development and Environmental Services Two Columbus Center, 4500 Main Street Suite 400, Virginia Beach, Virginia 23462 Phone 757/490-0132 • Fax 757/490-0136 Exhibit C Showing Architectural. Facing Encroachment Over Town Center Drive & Main Street Right -Of -Way Town Center Block 11A GPM 1477-54-8537-0000 Date 04/30/14 Scale As Noted VHBCad File Nome 33604wall-enc Project Nurnber 33604.00 INIDEPENOENCEIILVD 226 -270 Item-VI-J.3a ORDINANCES/RESOLUTIONS -51- ITEM #64112 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: a. $257.14 from prior year's balances to the 2012-13 FOUR FOR LIFE Grant Fund 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 September 2, 2014 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FOUR -FOR -LIFE FUNDS AND TO TRANSFER FUNDS TO 3 CONSOLIDATE BALANCES IN VARIOUS FISCAL YEARS' 4 STATE FOUR -FOR -LIFE GRANTS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 1. That $835 is hereby accepted from the Virginia Department of Health's Office 8 of Emergency Medical Services and appropriated, with revenues increased accordingly, to 9 the Department of Emergency Medical Services FY 2012-13 State Four -For -Life Grant to 10 enhance rescue/medical capabilities; and 11 12 2. That $257 is hereby transferred from FY 2008-09, FY 2009-10, FY 2010-11, 13 and FY 2011-12 State Four -For -Life Grant to consolidate remaining balances in the 14 FY2012-13 State Four -For -Life Grant to facilitate closure of the older grants in the City's 15 financial system and to provide funding for additional medical supplies to enhance 16 rescue/medical capabilities of the Department of Emergency Medical Services. 17 18 Adopted by the Council of the City of Virginia Beach, Virginia on the 2nd day 19 of September 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: pVed"IWN Budget and Management Se ices City Attorney's Office, CA13083 R-2 August 22, 2014 Item -VI -J.36 ORDINANCES/RESOLUTIONS -52- ITEM #64113 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: b. $200.00 from the Fire Department's Gift Fund re purchase of a grill for Station 11 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 September 2, 2014 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE 2 FIRE DEPARTMENT GIFT FUND 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 That $200 is hereby appropriated, with estimated donation revenue increased 7 accordingly, to the FY 2014-15 Fire Department Operating Budget for the purpose of 8 purchasing a grill for Station 11. 2nd Adopted by the Council of the City of Virginia Beach, Virginia on the day of September 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: .t"),,,,, '0 S L,,, Budget and Management services CA13082 R-1 August 18, 2014 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office Item-VI-J.3c ORDINANCES/RESOLUTIONS -53- ITEM #64114 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: c. $1,155,151 from the 2014-15 Water and Sewer Program re Pacific Avenue Water Improvements 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 September 2, 2014 1 AN ORDINANCE TO TRANSFER FUNDS WITHIN THE FY 2 2014-15 WATER AND SEWER CAPITAL IMPROVEMENT 3 PROGRAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $1,155,151 is hereby transferred within Department of Public Utilities FY 2014- 9 15 Water and Sewer Capital Improvement Program with the following sources and 10 destination: 11 12 Sources: $341,716 from 6-037 — "Pacific Avenue Sewer Improvements;" $360,000 13 from 6-106 — "Various Roadways/Storm Water Coordination V;" $328,189 from 6-953 — 14 "Sewer Tap Installation Program II;" and $125,246 from 5-953 — "Water Tap Installation 15 Program II;" 16 17 Destination: 5-037 "Pacific Avenue Water Improvements" to assist in utility work 18 necessary to coordinate with road project 2-045 — "Pacific Avenue Improvements". Adopted by the Council of the City of Virginia Beach, Virginia on the 2nd day of Septem er 2014. Approved as to Content: Approved as to Legal Sufficiency: w A.) Management Services City Attorney's Office CA13085 R-1 August 21, 2014 Item-VI-J.4c ORDINANCES/RESOLUTIONS -54- ITEM #64115 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to RESCHEDULE the November 4, 2014, City Council Session to November 25, 2014 and CANCEL the November 11, 2014, Informal Briefing Session 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 September 2, 2014 REQUESTED BY CITY COUNCIL 1 A RESOLUTION MOVING THE NOVEMBER 4, 2014 2 REGULAR MEETING OF THE CITY COUNCIL TO 3 NOVEMBER 25, 2014 AND CANCELLING THE INFORMAL 4 SESSION FOR NOVEMBER 11, 2014 5 6 WHEREAS, the City Code provides the regular formal meetings of City Council 7 shall be held in the Council Chambers of the City Hall Building on the first and third 8 Tuesdays of each month at 6:00 p.m.; and 9 10 WHEREAS, state law provides that a regular meeting of the City Council may be 11 scheduled for a day other than the usual day upon adoption of a resolution; and 12 13 WHEREAS, November 4th is the 2014 general election; and 14 15 WHEREAS, November 11th is Veterans Day; and 16 17 WHEREAS, the City Council does not want any citizen to have to choose 18 between exercising the right to vote and attending the City Council meeting. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, THAT: 22 23 1. The regular City Council meeting scheduled for November 4, 2014 is hereby 24 rescheduled for November 25, 2014. 25 2. The time and location for the City Council Formal Session shall remain at 6 p.m. 26 and City Council Chambers. 27 3. The agenda setting the time and schedule of the Informal Session for the 28 November 25, 2014, meeting shall be provided in the same manner as this 29 information is normally provided. 30 4. The City Clerk shall post a copy of this resolution on the door of the City Council 31 Chambers from the date of adoption until 6pm on November 25, 2014, and 32 provide a notice at least seven days prior to November 25, 2014, in a newspaper 33 of general circulation in the City. 34 5. The informal meeting that would normally be scheduled for November 11, 2014, 35 is hereby cancelled in observance of Veterans Day. 36 37 38 day of September , 2014. Adopted by the City Council of the City of Virginia Beach, Virginia, this 2nd APPRO AS TO LEGAL SUFFICIENCY: qty • rn 's • ffice CA13084 R-4 August 26, 2014 Item -VI-K PLANNING -55- ITEM #64116 1. VIRGINIA WESLEYAN COLLEGE STREET CLOSURE 2. THE SUNDIN DENTAL CENTER, LLC MODIFICATION OF PROFFERS 3. DIANA BUHRMANN and CONDITIONAL USE PERMIT HOOPER MANAGEMENT CO. 4. ANTOINETTE HENDERSON and CONDITIONAL USE PERMIT BRIAN and KIM MOSES 5. SOUTHERN PERFORMANCE and CONDITIONAL USE PERMIT BROTHERS TOO, LLC 6. CAMERON JUSTIN MUNDEN and CONDITIONAL USE PERMIT GRANTED WISH, LLC 7. CITY OF VIRGINIA BEACH CITY ZONING ORDINANCE September 2, 2014 -56 - Item -VI-K PLANNING ITEM #64117 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 2, 3, 4, 5, 6 and 7 of the PLANNING AGENDA. 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 September 2, 2014 -57 - Item -VI-K.1 PLANNING ITEM #64118 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of VIRGINIA WESLEYAN COLLEGE for a Street Closure of a portion of Burma Road DISTRICT 4 — BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of VIRGINIA WESLEYAN COLLEGE for a Street Closure of a portion of Burma Road (GPIN 1458959662) DISTRICT 4 — BAYSIDE The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of- way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one (1) year of the City Council vote to close the right-of- way, this approval shall be considered null and void. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Second day of September, Two Thousand Fourteen September 2, 2014 -58 - Item -VI-K.1 PLANNING ITEM #64118(Continued) 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 September 2, 2014 1 ORDINANCE APPROVING APPLICATION OF 2 VIRGINIA WESLEYAN COLLEGE FOR THE 3 CLOSURE OF A 15,036 +/- SQ. FT. PORTION 4 OF BURMA ROAD 5 6 WHEREAS, Virginia Wesleyan College (the "Applicant") applied to the 7 Council of the City of Virginia Beach, Virginia, to have the hereinafter described right -of - 8 way discontinued, closed, and vacated; 9 10 WHEREAS, a portion of the right-of-way (the "Right -of -Way") described 11 below, has remained unimproved and is no longer needed by the City for right-of-way or 12 other purposes; 13 14 WHEREAS, the Right -of -Way is located adjacent to the property known as 15 5900 Wesleyan Drive (GPIN 1458-95-9662) (the "College Property") owned by the 16 Applicant; 17 18 WHEREAS, the Applicant desires to combine the Right -of -Way with the 19 College Property in order to allow for additional parking for its students and faculty 20 and/or potential development; 21 22 WHEREAS, the Applicant has maintained the Right -of -Way for numerous 23 years; and 24 25 WHEREAS, it is the judgment of the Council that the Right -of -Way be 26 discontinued, closed, and vacated, subject to certain conditions having been met on or 27 before one (1) year from City Council's adoption of this Ordinance, and conveyed to 28 Virginia Wesleyan College in accordance with the conditions set forth below. 29 30 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 31 Virginia Beach, Virginia: 32 33 SECTION I 34 35 That the hereinafter described unimproved right-of-way be discontinued, 36 closed and vacated, subject to certain conditions being met on or before one (1) year 37 from City Council's adoption of this Ordinance: 38 39 All that certain piece or parcel of land situate, lying and being 40 in the City of Virginia Beach, Virginia, designated and 41 described as "FORMER RIGHT-OF-WAY OF BURMA 42 ROAD OWNERSHIP UNKNOWN AREA = 15,036.39 S.F. / 43 0.345 AC. (D.B. 1547 PGS. 467-468) (M.B. 113 PG. 22)" as 44 shown on that certain exhibit entitled "BOUNDARY SURVEY 45 NO GPIN (RIGHT-OF-WAY) ADJACENT TO GPIN: 1458-95-9662 46 OF LOTS 19, 26, 27, 28, 29, L & J SITES AND A PORTION 47 OF THE "VIRGINIA WESLEYAN COLLEGE SITE" 48 STANDING IN THE NAME OF VIRGINIA WESLEYAN 49 COLLEGE LOCATED IN THE BAYSIDE DISTRICT CITY 50 OF VIRGINIA BEACH, VIRGINIA," Scale: 1"=100', dated 51 June 27, 2003, prepared by LandTech Resources, Inc., a 52 copy of which is attached hereto as Exhibit A. 53 54 SECTION II 55 56 The following conditions must be met on or before one (1) year from City 57 Council's adoption of this Ordinance: 58 59 1. The City Attorney's Office will make the final determination 60 regarding ownership of the underlying fee. The purchase price to be paid to the City is 61 normally determined according to the "Policy Regarding Purchase of City's Interest in 62 Streets Pursuant to Street Closures," approved by City Council. Copies of said policy 63 are available in the Planning Department. 64 65 2. The Applicant shall resubdivide the property and vacate internal lot 66 lines to incorporate the closed area into the adjoining parcel. The plat must be 67 submitted and approved for recordation prior to final street closure approval. 68 69 3. The Applicant shall verify that no private utilities exist within the 70 right-of-way proposed for closure. Preliminary comments from the utility companies 71 indicate that there are no private utilities within the right-of-way proposed for closure. If 72 private utilities do exist, easements satisfactory to the utility company must be provided. 73 74 4. Closure of the right-of-way shall be contingent upon compliance 75 with the above stated conditions within 365 days of approval by City Council. If the 76 conditions noted above are not accomplished and the final plat is not approved within 77 one year of the City Council vote to close the right-of-way this approval shall be 78 considered null and void. 79 80 SECTION III 81 82 1. If the preceding conditions are not fulfilled on or before September 3, 83 2015, this Ordinance will be deemed null and void without further action by the City 84 Council. 85 86 2. If all conditions are met on or before September 3, 2015, the date of 87 final closure is the date the street closure ordinance is recorded by the City Attorney. 88 89 3. The City Manager or his designee is authorized to execute whatever 90 documents are necessary to convey the City's interest in the underlying fee to Virginia 2 91 Wesleyan College in accordance with the conditions in Section II, provided said 92 documents are approved by the City Attorney's Office. 93 94 SECTION IV 95 96 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 97 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 98 OF VIRGINIA BEACH as "Grantor" and VIRGINIA WESLEYAN COLLEGE, as 99 "Grantee." 100 101 102 2nd day of September ,2014. Adopted by the Council of the City of Virginia Beach, Virginia, on this 103 APPROVED AS TO LEGAL APPRSVED A TO CONTENT: SUFFICIENCY: CA12958 \\vbgov. com\dfs 1 \applications\ci tyl awp rod\cycom32\wpdocs\d014\p019\00142347.doc R-1 8/11/14 Planning �' partment THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL 3 0 0 N n 0 '9h0<O 'it agRr J { a5 ‘40 ‘5 of S�AC(A20�(x JJ 4 s„� S m } 0 N m g N N 8 0 •O 0 8 8 N O 0 8 0 Olt 0 N;1 1 3� Y -59 - Item -VI-K2 PLANNING ITEM #64119 Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council, APPROVED AS PROFFERED, BY CONSENT, Application of THE SUNDIN DENTAL CENTER, LLC for Modification of PROFFERS re space available of a Conditional Change of Zoning (approved January 23, 2001) re retail/office uses at 1385 Laskin Road DISTRICT 6 — BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of THE SUNDIN DENTAL CENTER, LLC for Modification of PROFFERS re space available of a Conditional Change of Zoning (approved January 23, 2001) re retail/office uses at 1385 Laskin Road (GPIN 2417290029) DISTRICT 6 — BEACH 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 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Second day of September, 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 Absent: None September 2, 2014 -60 - Item -VI -K.3 PLANNING ITEM #64120 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of DIANA BUHRMANN and HOOPER MANAGEMENT CO. for a Conditional Use Permit re a Home Family Child Daycare with a maximum of twelve (12) children at 3245 Florence Street DISTRICT 6 — BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of DIANA BUHRMANN and HOOPER MANAGEMENT CO. for a Conditional Use Permit re a Home Family Child Daycare with a maximum of twelve (12) children at 3245 Florence Street (GPIN 1496093603) DISTRICT 6 — BEACH The following conditions shall be required. 1. The home Daycare shall be limited to a total of twelve (12) children, other than children living in the home. 2. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Daycare Home at any one time. 3. The applicant shall stagger the arrival and departure times for the children such that no more than two (2) vehicles are scheduled to drop-off children at one time. 4. All requirements of the Virginia Administrative Code (VAC), as it applies to the regulation of Family Daycare Homes by the Department of Social Services (DSS), shall be met. 5. A non -illuminated sign, no greater than one (1) square foot in size, advertising the home Daycare may be installed on the house. 6. The applicant shall be licensed with the Commonwealth of Virginia for a maximum of twelve (12) children. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Daycare Home. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Second day of September, Two Thousand Fourteen September 2, 2014 I -61- Item -VI-K.3 PLANNING ITEM #64120(Continued) 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 September 2, 2014 -62 - Item -VI-K.4 PLANNING ITEM #64121 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of ANTOINETTE HENDERSON and BRIAN and KIM MOSES for a Conditional Use Permit re a Home Family Child Daycare with a maximum of twelve (12) children at 1812 Brownstone Court DISTRICT 1— CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of ANTOINETTE HENDERSON and BRIAN and KIM MOSES for a Conditional Use Permit re a Home Family Child Daycare with a maximum of twelve (12) children at 1812 Brownstone Court (GPIN1485115870) DISTRICT 1— CENTERVILLE The following conditions shall be required: 1. The home Daycare shall be limited to a total of twelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be as set forth by the Virginia Department of Social Services. 2. Hours of operation shall be limited to Monday through Friday, 6:00 A.M. to 6.•00 P.M. 2. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of the home Daycare. 3. All requirements of the 2009 Virginia Residential Code, as it applies to above- ground pools, shall be met. 4. All requirements of the Virginia Administrative Code (VAC), as it applies to the regulation of Family Daycare Homes by the Department of Social Services (DSS), shall be met. 5. The applicant shall stagger the arrival and departure times for the children such that no more than two (2) vehicles are scheduled to drop-off children at one time. 6. A non -illuminated sign, no greater than one (1) square foot in size, advertising the home Daycare may be installed on the house. 7. The applicant shall be licensed with the Commonwealth of Virginia for a maximum of twelve (12) children. 8. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the house as a Family Daycare. September 2, 2014 -63 - Item -VI-K.4 PLANNING ITEM #64121(Continued) This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Second day of September, 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 September 2, 2014 -64 - Item -VI-K5 PLANNING ITEM #64122 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of SOUTHERN PERFORMANCE and BROTHERS TOO, LLC for a Conditional Use Permit re vehicle repair at 5156 Virginia Beach Boulevard DISTRICT 4 — BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of SOUTHERN PERFORMANCE and BROTHERS TOO, LLC for a Conditional Use Permit re vehicle repair at 5156 Virginia Beach Boulevard (GPIN 1467861619) DISTRICT 4 — BAYSIDE The following condition shall be required: 1. All motor vehicle repairs shall take place inside the building. 2. No outside storage of equipment, parts or materials shall be permitted. 3. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 4. Category I landscaping shall be planted and maintained between the building and the property line adjacent to Virginia Beach Boulevard. 5. A permit shall be obtained from the Planning Department, Zoning Division, for any new signage that is added to the site. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Second day of September, 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 Absent: None September 2, 2014 -65 - Item -VI-K6 PLANNING ITEM #64123 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of CAMERON JUSTIN MUNDEN and GRANTED WISH, LLC for a Conditional Use Permit re a bulk storage yard at 853 South Birdneck Road DISTRICT 6 — BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CAMERON JUSTIN MUNDEN and GRANTED WISH, LLC for a Conditional Use Permit re a bulk storage yard at 853 South Birdneck Road (GPIN 2416641885) DISTRICT 6 — BEACH The following condition shall be required: 1. Except as otherwise modified by any other condition of this Use Permit, the site shall be developed in substantial conformance with the submitted plan, entitled "SITE EXHIBIT", prepared by Timmons Group, dated 04/01/14. 2. Any lighting for the storage yard shall be limited to light packs installed on the building and fence, as well as pole lighting not to exceed a maximum height of fourteen (14) feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary. 3. A six (6) foot fence shall be installed as shown on the submitted Site Plan. Fence shall be solid and constructed of wood, vinyl or a similar maintenance free material. Existing fencing along entire east side, rear portion of the west side and rear property lines shall remain. The existing fencing shall be retained and maintained in good condition. When the existing fence needs to be replaced, it shall be replaced with a minimum, six (6) foot in height solid fence. 4. Existing mature landscaping along South Birdneck Road shall be retained and maintained in good condition. 5. The nonconforming sign located on the property line adjacent to South Birdneck Road shall be removed. The applicant may install a new sign meeting the requirements of the Zoning Ordinance. If a new sign is installed, the applicant shall obtain a permit from the Planning Department, Zoning Division. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Second day of September, Two Thousand Fourteen September 2, 2014 -66 - Item -VI-K6 PLANNING ITEM #64123 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 September 2, 2014 -67 - Iters -VI-K.6 PLANNING ITEM #64124 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, ADOPTED, BY CONSENT, Ordinance to AMEND Section 211 of the City Zoning Ordinance (CZO) re signage for schools (Deferred August 19, 2014) 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 September 2, 2014 1 REVISED VERSION 2 3 AN ORDINANCE TO AMEND SECTION 211 OF THE CITY 4 ZONING ORDINANCE, PERTAINING TO ALLOWED 5 SIGNAGE FOR SCHOOLS 6 7 SECTION AMENDED: City Zoning Ordinance Section 211 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That Section 211 of the City Zoning Ordinance is hereby amended and 16 reordained, to shall read as follows: 17 18 Sec. 211. Signs permitted in all districts. 19 20 21 22 (j) Signs for public schools and private schools having curriculums similar to 23 public schools. - - - - - - - - - - - - - - - 24 face. No sign shall have morc than two (2) faccs. No sign shall be 25 installed within fifty (50) feet of a residential -use. The following signs shall 26 be permitted with the issuance of a sign permit as provided for in Section 27 210.1: 28 29 (1) Wall Signs. Schools may have a maximum of two (2) wall signs for 30 each building wall facing a public street, as prescribed below. 31 32 a. One (1) square foot of wall siqnage for every two (2) linear feet 33 of each building wall facing a public street. Said signage shall 34 not exceed a maximum of one hundred (100) square feet for 35 each such wall. 36 b. Any building wall located five hundred (500) feet or more from a 37 public street shall not exceed a maximum of two hundred and 38 fifty (250) square feet for each such wall. 39 40 (2) Freestanding Signs. Schools may have freestanding monument signs 41 as prescribed below. 42 43 a. Any school located on a lot with an area Tess than fifteen (15) 44 acres shall be permitted one (1) freestanding monument sign 45 with a maximum of two (2) faces of forty (40) square feet per 46 face. 47 b. Any school located on a lot with an area of fifteen (15) acres or 48 more in size shall be permitted one (1) freestanding monument 49 sign per street, located at the principal vehicular entrance of 50 each street. In no case, shall there be more than one (1) 51 freestanding monument sign on each street. Each sign shall not 52 exceed a maximum of two (2) faces of forty (40) square feet per 53 face. 54 c. No freestanding monument sign shall be installed within fifty 55 (50) feet of a residential use. 56 57 58 COMMENT 59 60 The amendments increase the amount of signage allowed to public and private schools. 61 Under the current ordinance the signage allotment is one freestanding sign no greater than 24 62 square feet in area. The amendments allow one monument -style sign no greater than 40 square feet 63 per face in area for any school on less than 15 acres. This is increased to 1 sign per street for every 64 principal entrance if the site is 15 acres or more. The size of wall signage is determined by the 65 width of the building facade upon which they are mounted (1 square foot for every 2 linear feet of 66 building width). There are also maximum size requirements, 100 square feet and 250 square feet if 67 the facade is 500 feet or more from the public street. School signs are also required to obtain a sign 68 permit. 69 70 71 September 2014. 72 73 Approved as to Content: Approved as to Legal Sufficiency: Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd day of 74 75 76 77 CA-13028/R-6/August 27, 2014 City Attorney's Office 2 -68 - ITEM VI -L APPOINTMENTS ITEM #64125 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: CHESAPEAKE BAY PRESERVATION BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION 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 September 2, 2014 -69 - ITEM VI -L APPOINTMENTS ITEM #64126 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: C. DAVID WHITLEY Unexpired term thru 12/31/2014 plus Five year term 01/01/2015 —12/31/2020 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 September 2, 2014 -70 - Item -VI-0 ADJOURNMENT ITEM #64127 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:27P.M. higuLz. IAGAI A Nrnia Finley -Barnes CMC Chief Deputy City Clerk th Hodges raser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor September 2, 2014