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Home My WebLink AboutMARCH 8, 2011 MINUTESCITY COUNCIL MAYOR WILLIAM D. SF.SSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 RITA SWEET BELLITTO, At -Large GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeS7LiPH, At -Large HARRY E. DIEZEL, Kernprville - District 2 ROBERTM. DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 JOHN E. UHRIN, Beach -- District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, I ynnhaven -District 5 CITY COUNCIL APPOINTEES CITYMANAGER JAMES K. SPORE CITY ATTORNEY MARK D. STILES CITYASSESSOR JERALD D.BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK RUTH HODGF.S FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA I. CITY MANAGER'S BRIEFINGS 8 March 2011 - Conference Room - A. PROPOSED DRIVEWAY ENTRANCE — Appeal Charles Hassen, Development Services Coordinator - Planning B. STORM WATER PROGRAM Philip Roehrs, Water Resources Engineer — Public Works Mark Gemender, Operations Engineer — Public Works C. STRIVING FOR EXCELLENCE REPORT James K. Spore, City Manager II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE. (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 3:00 PM 5:00 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Thomas Conant Christian Chapel Assembly of God C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA H. PRESENTATION PROCLAMATION — Girl Scout Troop 54 Heather Gilbert, Troop Leader Cadence Gilbert, Girl Scout I. CONSENT AGENDA J. ORDINANCES February 22, 2011 1. Ordinance to revise City Council Policy re permits for rental of Surreys in the Resort Area 2. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned rights-of- way: (DISTRICT 6 — BEACH) a. OCEAN BEACH CLUB, LLC to construct and maintain building banners, a water feature, swing door, hinge way doors, aluminum sunscreen, cantilevered balconies, roof canopies and roof fascia edges at the rear of 3401 Atlantic Avenue, Suite A b. HI -SEA, LLC to construct and maintain gates and various overhangs (roof, trellis, banners, entry and identification features) re development of Beach Centre at 314 Laskin Road c. JOHN E. and CATHERINE SASSONE UHRIN to construct and maintain a floating dock in Lake Rudee at the rear of 232 Indian Avenue 3. Resolution to appoint Adam G. Swann as Assistant City Attorney, effective March 1, 2011 4. Ordinances to APPROPRIATE the following: a. $193,000 to the City Treasurer re postage charges b. $25,000 from the Beautification Fund to Landscape Management re the Miyazaki Japanese Garden, Sister City tree plantings at Mount Trashmore in commemoration of the 601n Anniversary of the Council of Garden Clubs c. $636,500 from the School Landscaping Internal Service Fund to Landscape Management re $186,000 for schools playground safety improvements; $48,000 re relocation and replacement of playground equipment and $402,500 re replacement of motor vehicles and equipment 5. Ordinances to ACCEPT and APPROPRIATE donations: a. $5,500 from the Lions Club to the Library Gift fund re the book download project for the visually impaired b. $2,865 from Paul Treanor and others to the Historic Houses Trust Fund re archaeological excavation outside the Adam Thoroughgood House K. PLANNING 1. Application of VIRGINIA BEACH FREEWILL BAPTIST CHURCH for Modification of Condition No. 4 (approved by City Council March 9, 2004) re church expansion at 210 South Witchduck Road (DISTRICT 2 -KEMPSVILLE) RECOMMENDATION APPROVAL 2. Applications of 7 -ELEVEN, INC./COURTHOUSE MARKETPLACE OUTPARCELS, LLC (approved by City Council on March 27, 2007) at 2448 Nimmo Parkway re a retail center (DISTRICT 7 — PRINCESS ANNE) a. Modification of Conditional Change of Zoning re former Wawa site b. Modification of a Conditional Use Permit re fuel sales with a convenience store RECOMMENDATION APPROVAL 3. Application of STAIN STUDIOS, LLC for a Conditional Use Permit re a tattoo studio at 92 South Witchduck Road (DISTRICT 2 -KEMPSVILLE) RECOMMENDATION APPROVAL 4. Application of STEPHEN J. and PAULA H. LAUKAITIS/MAXIM V. MIROVSKI and MARGARET Y. BUMGARTEN for a Conditional Use Permit re a community pier with a float at 3300-3336 Whippoorwill Point (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION APPROVAL 5. Application of BEACON TOWERS and AT&T MOBILITY/GUY A. NEWMAN for a Conditional Use Permit re a monopole telecommunications tower at 749 London Bridge Road (DISTRICT 6 — BEACH) RECOMMENDATION APPROVAL 6. Application of NEW CINGULAR WIRELESS PCS, LLC/VIRGINIA BEACH SCHOOL BOARD for a Conditional Use Permit re a communications tower at 1668 Kempsville Road (DISTRICT 1 — CENTERVILLE) RECOMMENDATION APPROVAL 7. Application of SOLO INDUSTRIES, LLC/COLLIN ELANE for a Conditional Use Permit re a home occupation for sale of firearms, etc. via the Internet at 2201 Speckled Rock Lane (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION APPROVAL 8. Application of HARMONY INVESTMENTS, INC. for a Change of Zoning from 1-1 Light Industrial to Conditional A-36 Apartment at 5321 Greenwich Road (deferred by City Council January 11, 2010) (DISTRICT 2-KEMPSVILLE) (Newtown SGA) STAFF RECOMMENDATION DENIAL PLANNING COMMISSION RECOMMENDATION ON 3/11/09 APPROVAL 9. Application of GEO 1, LLC/JOHN GEORGHIOU for a Change of Zoning from R-10 Residential to Conditional R-7.5 (WF) Residential with Workforce Housing at 4480-4488 Indian River Road (DISTRICT 1 — CENTERVILLE) RECOMMENDATION APPROVAL L. APPOINTMENTS ENERGY ADVISORY COMMITTEE HUMAN RIGHTS COMMISSION LOCAL FINANCE BOARD TIDEWATER YOUTH SERVICES COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 FY 2011-2012 RESOURCE MANAGEMENT PLAN "BUDGET" March 15 School Board votes on School Budget March 29 City Manager presents Proposed Budget to City Council April 6 Open House - (Convention Center) April 21 Public Hearing (Green Run High School) April 26 Public Hearing (Council Chamber) May 3 Reconciliation Workshop (Conference Room 234) May 10 Adoption -1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 8, 2011 Mayor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFING re the proposed DRIVEWA Y ENTRANCE - APPEAL in the City Council Conference Room, Tuesday, March 8, 2011, Mayor Sessoms ANNOUNCED the attendance of Shannon Kendrick, District Director for Congressman Rigell. Ms. Kendrick advised she wished to attend the City Council Session to be better acquainted with all leaders. Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: William R. "Bill" DeSteph [Out of the Country on Family Vacation] March 8, 2011 -2 - CITY COUNCILS BRIEFING PROPOSED DRIVEWAYENTRANCE -APPEAL ITEM # 60695 3:00 P.M. The City Manager introduced Charles Hassen, Development Services Coordinator — Planning, to present information re an Appeal of the City Manager's Decision Regarding the Proposed Entrance Width for 105 50'* Street, in Accordance with Section 7.2 of the Site Plan Ordinance (scheduled for the City Council Session of March 22, 2010). Mr. Hassen advised this appeal is a very unusual occurrence. Raymond L. Gottlieb is the owner of the property and requested a 35 foot driveway/apron, which would encompass the majority of the site in front of his house. Staff denied his request. The policy provides only a 12 foot wide driveway/apron entrance would be allowed. LYNNHAYEN Map L-4 Ravmand L. Gottlieb \ �t 4 , \ ix+Mt , \ �"��^ 4 ` \fly \ �J�� Y� (� \ Y\l,•`1� ` ��l` P Li„1 iij (( \ 111 r [l� a March 8, 2011 -3 - CITY COUNCILS BRIEFING PROPOSED DRIVEWAY ENTRANCE -APPEAL ITEM # 60695 (Continued) Section 5.10 of the Site Plan Ordinance states, "All driveways and entrances to the public rights-of-way and locations thereof shall be in accordance with the standards of the Department of Public Works and approved by the City Agent. Chapter 18 of the Public Works Specifications and Standards requires on - street parking to be provided and maximized in the 100/200 blocks of 41" Street through 89'" Street. Appeal of the Site Plan denial was reviewed by the City Manager and he upheld the decision of the staff. March 8, 2011 -4 - CITY COUNCIL `SBRIEFING PROPOSED DRIVEWAY ENTRANCE - APPEAL ITEM # 60695 (Continued) March 8, 2011 Staff Practice When Reviewing Residential Entrances General entrance requirements are provided in Section 3.10 of the Public Works Specifications and Standards -.*-Thickness of concrete VDOT standard Minimum and maximum widths, etc. Specific entrance requirements for the 100 & 200 blocks of 41 st through 891hStreets are provided in Section 18.2A of the Public • Specifications and Standards #7 On street public parking will be provided and maximized." #13 "...Where adequate on-site parking exists (or can be reasonably accommodated) or is required by the approved site plan, one 12 -foot wide driveway will be designed so as to tie into that parking area..." Site plan was disapproved (9/16/10): he proposed entrance was greater If the proposed 35 -foot entrance is approved, there would be a net loss of area in the public right-of-way for 3 perpendicular public parking spaces \<b if area for public parking would be reduced and not maximized Alternative Suggested in Review Letter Activity Associated with the Project after September 16 th Several meetings were held with staff to discuss entrance width and fence status Over 170 emails were generated Numerous FOIA requests were submitted and responses provided Neighbors were turned in for perceived inconsistencies and violations regarding the use of the public right-of-way: Entrances Landscaping Signs Large rocks Several staff field visits, notices of violations issued., and illegal signs removed, where appropriate DIM Owner's Stated Hardship in §:+A ppeal to the City Manager "A close inspection of the drawing demonstrates the impossible position such a proposal i produces. After noting the gates, associated with entry to our property at our property line in the driveway, it is apparent that if - 1. The gates swing in, the paved entry to the garages cannot be used, nor should it be considered as available parking spaces, 2 © gates swing #2{ «, will encroach on property not owned by us, or 3. By design the City will be requiring LIS to leave our property ungated and open to the public with the attendant dangers increased due to the tilnor children who reside at{ locatlon,' City Manager upheld staff's decision to den the proposed entrance and provided two alternative entrance designs (11/19110) 1 Board of Zoning Appeall plication for a gate within the front yard setback 'OP -1 Application denied on December 1, 2010 Update on Site Plan Review :Site plan was approved by staff on January 11, 2011 K I v4orth Virginia Beach Civic League Opposes the Requel "To allow a 34 -foot wide driveway at the North End would undermine all of the work that Public Works Engineering and Traffic have done in recent years to maximize public parking and access to the beach." • DSC Notice #125 — 7/28/06 • Letter from City Manager with Options -- 11 /1 /1 11/19/1 • Appeal Letter from Mr. Nuckols — 12/15/10 • Section 3.10 (pages 26-29) Public or Specifications and Standards • Chapter 18 (pages 1-7) Public Works Specifications and Standards • it from C/ ill A1mond -I1 - CITY MANAGER'S BRIEFING STORM WATER PROGRAM 3:13 P.M. ITEM # 60696 The City Manager introduced Jason Cosby, Director — Public Works, re the discussion of the Storm Water Management Program, which is probably the most underfunded program in the City. Briefing Overview • Storm Water Management (SWM) Program Overview • Functional Components of Storm Water Management (SWM) • Organizational Component of Storm Water Management (SWM) • Requirements Versus Resources • Recommendations • City Council Discussion The program consists of three major functional components, they are: flood control, water quality and operations and maintenance. These functions are carried out both with operating funds and with capital funds, managed by Public Works' Engineering and Operations Divisions. The functional components are fully integrated. Flood Control projects include Water Quality measures and often resolve on-going Operations & Maintenance issues, Water Quality projects contribute to system effectiveness, keeping pipes and channels clean. Phil Roehrs, Water Resources Engineer, provided an overview of the Flood Control and Water Quality Capital Improvement Programs. Effective Operations and Maintenance of the system preserves Flood Control capacity and enhances Water Quality measures efficiently. Mark Gemender, Operations Engineer, provided information re Public Works' Operations and Maintenance programs and the Storm Water system. All three are accomplished in concert to meet citizen expectations and to maintain compliance with state and federal requirements. Resource Allocation - $21,290,525 u k, Flood Control 9% $ 1,884,090 Water Quality 13% $ 2,818,667 Operation and Maintenance 58% $12,434,943 Debt Service 10% $ 2,008,993 Debt Service $2,008,993 Support Cost 10% $ 2,143,832 Support Cost Operations & $2,143,832 Maintenance Water Quality Operating Budget �• CIP $9,839,863 $2,134,578 Water Quality Operating Budget $684,089 Nw Flood Control Operations &Operating Budget Maintenance $684,090 CIP Flood Control $2,595,080 CIP 5 $1,200,000 March 8, 2011 -12 - CITY MANAGER'S BRIEFING STORM WATER PROGRAM ITEM # 60696 (Continued) ------------------------ `�yw=rt CIP Distribution FY 11 (Original Budget) $11,336,574 FY 12 (Proposed Budget) $ 5,929,658 Returned to General SW Water Quality Fund FY 11, Projects, $2,750,000, 24%" $2,134,578,19% Propose Return to General Fund FY 12, $2,656,916, 23% Flood Control_ Projects, $1,200,000,11% Operations & Maintenance, $2,595,080, 23% Phillip Roehrs, Water Resources Engineer, provided an overview of the Flood Control and Water Quality Capital Improvement Programs: Flood Control Projects Include: • Improving /Enhancing Existing Storm Drain Pipes and Ditches • New Storm Drain Pipe Systems and Roadway Culverts • New Storm Water Pump Stations • Expanded Storm Water Management Systems (Ponds and BMP's) Decent Flood Control Accomplishments Brought to Construction CIP 1-'902 North Beach Drainage $19,000,000 CIP 7-033 Rosemont Forest — Phase 11 (Pump Sta.) $ 2,500,000 CIP 7- 033 Rosemont Forest- Phase IB (Neighborhood) $ 400,000 CIP 7- 024 Southern Canal Phase 1 $ 300,000 CIP 7-183 Lynnhaven Middle School BMP $ 200,000 March 8, 2011 -13 - CITY MANAGER'S BRIEFING STORM WATER PROGRAM ITEM # 60696 (Continued) Flood Control — Program Drivers • Provide necessary and feasible drainage Improvements • Improvement of limited and inadequate drainage systems that impact the street system and public and private property • Addressing Longstanding Storm Water Backlog Projects • Addressing Increased Citizen Expectation for Greater Storm Drain Capacity within Older Neighborhoods (pre -1970's) � iwM.4y 3t.� 44} FY 12 Flood Control CIP Projects City o/ Virginia Beach Project lxpenditure IS at t Summary Report grouped by: CIP Category, CIP Status Fiscal Year 2012 "2016 FY 2016 FY 2017 Budget Budget Budget 70050" WM Lake Fblty Watershed 7010000 Ekzai ath War Shores (Parrar) 70160006,L h LakWa e kicky tershed ]024000 Southern CanailLead Ditch and CUNert 70330" Roserro,s Forest Drainage hpoverrents 70350"Lew son Faresl Drn aege ]0360" Baker Road at 8 Ditch 70370" Beeny Manor Outlay Ouch 703WW n oroughpucd Dranage - Interim 7038000 Level Green - Mtr. 7040"0 Araguna Vilage-merim 70490" Beach Garden Park - K Ina CI 6 Fbby ]063"0 W ghb rrwod Storm Wtete, Infrastructure 71510" Cape Henry Beach Drainage 79020" Nonr Beach Drainage SAV" Shoe Onv. Dranage Rel unary Desgn CIPAppropriated 0 FY 2012 FY 2013 FY 2014 Totel To Date Budget Budget Budget Proposed - Storm Water - Flood Control 13.851,135 13,551,135 0 0 0 2.130,450 2,130.450 0 0 0 7,758.000 6,283,000 0 775,000 500.000 950.0" 9W.000 0 0 0 6.800.000 6.800." 0 0 0 1,090.0" 630,0" 4W,0" 0 0 46.0" 270.0" 180.0" 0 0 46" ,0 4W." 0 0 0 670,0" 95.0" 2",0" " 175.0 .0 2"" 675." 0 0 0 0 66,0" 0 0 0 0 0",000 9".0" 0 0 0 9.159.886 8.851,820 50.0" W.0" 6.0" 883,066 0 0 0 0 N,142 523 29,142,523 0 0 0 320,0" 0 320,0" 0 0 300,000 0 0 0 0 0 2(10,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 225.0" 46.0" 0 225.0" 425,0" 0 0 0 0 6,0 " 58.066 6.00 0 0 0 883,066 0 0 0 0 0 0 Proposed 75,870,060 70,053,928 1200000 1000000 750,000 1,000,000 933,066 933,066 GovMaX V6 1212.12.1a 11 ,j6i+e,y4s1 y FY 11 Reduction Impacts of FY11 Overall 40, Fund Reduction of 2.75MNear 7.005 North Lake Holly Watershed $1,491,000 $0 $500,000 $300,000 $500,000 $500,000 $3,291,000 7.016 South Lake Holly Watershed $759,000 $2,580,000 $2,000,000 $950,000 $0 $0 $6.289,000 7.151 Cape Henry Beach Drainage $500,000 $170,000 $250,000 $1,500,000 $2,250,000 $2,250,000 $6,920,000 (Partial) $2,750,000 $2,750,000 $2,750,000 $2,750,000 $2,750,000 $2,750,000 12 March 8, 2011 Total Proj. Project Year Year Year �YearAl Years Year6 Project No. Name FY 10-11 FY 11.12 FY 12.13 FY 13-14 FY 1415 FY 15.16 Impact 7.005 North Lake Holly Watershed $1,491,000 $0 $500,000 $300,000 $500,000 $500,000 $3,291,000 7.016 South Lake Holly Watershed $759,000 $2,580,000 $2,000,000 $950,000 $0 $0 $6.289,000 7.151 Cape Henry Beach Drainage $500,000 $170,000 $250,000 $1,500,000 $2,250,000 $2,250,000 $6,920,000 (Partial) $2,750,000 $2,750,000 $2,750,000 $2,750,000 $2,750,000 $2,750,000 12 March 8, 2011 WEB CITY MANAGER'S BRIEFING STORM WATER PROGRAM ITEM # 60696 (Continued) 7-005 North Lake Holly Legend Completed — Section I -A $1.43M FM Section I.B $2.47M Programmed Section II $ 6.29 M — Section IV $ 2.08 M ® Section I-0 $2.01 M Not Fully Funded Section III $ 3.79 M Total .-- ' Funding to Date Not FullyFunded $17.07M�-' $13.85M q� - _ $3.22 M 13 $` 7-016 South Lake Holly Legend Programmed Section III $ 2.3 M Section 11 $ 3.91 M Section 1 $ 0.80 M Not Funded = Section IV $ 5.93 M Total _ Funding to Date Not Fu ly Funded $I274 M $7.76 M $4.98 M T `7-151 Cape Henry Beach (Partial) • $6.9 M - Full Funding of Design and Partial Funding of Construction a- �- $30 to $50 M — Total Project Cost Sh6re jprtvei ,. r � _ March 8, 2011 -15 - CITY MANAGER'S BRIEFING STORM WATER PROGRAM ITEM # 60696 (Continued) k� a Flood Control Backlog 7-005 North Lake Holly Watershed $ 3,291,000 7-016 South Lake Holly Watershed $ 5,000,000 7-151 Cape Henry Drainage $50,000,000 7-090 Eastern Park Drainage Improvement $ 4,350,000 7-089 College Park/Level Green Drainage $ 5,650,000 Improvements 7-087 Aragona Village $ 6,100,000 7-088 Bay Colony $ 1,200,000 FTo-tal $76 M FY 12 — FY 17 Total Funding $ 5,816,132 Mark Gemender, Operations Engineer, provided information re Public Works' Operations and Maintenance re the Storm Water functional components. For almost two decades municipal governments of our size throughout the State have been regulated by the Environmental Protection Agency (EPA). The emphasis of these regulations has been on the quality of the water we discharge through our system. The City is held accountable for the health of our bays, rivers and creeks. Recent Water Quality Accomplishments Lynnhaven Middle School BMP • Negotiated New TMDL Implementation Plans • Composting Facility • Improved Microbial Testing Methodologies • Corps of Engineers Lynnhaven Study • No Discharge Zone — Lynnhaven River • Watershed Assessments For Construction w March 8, 2011 -16 - CITY MANAGER'S BRIEFING STORM WATER PROGRAM ITEM # 60696 (Continued) There are forty-four (44) impaired waterways in the City, each having four (4) to (6) impairments on each. Most of the impairments are dissolved oxygen or high bacteria counts. The State is working through this to determine what pollution might assist or eliminate these problems. There have been only four (4) official TMDL's issued so far. A fifth one is pending. Implementation plans have been successfully negotiated with three of the four issued. Water Quality Program Drivers • Federal Clean Water Act • State Storm Water Regulations • Virginia Beach Citizens' Expectations • Environmental Committees and Organizations Total Maximum Daily Loads (TMDL's) • Maximum Pollutant Load that a Water Body can receive and still meet its designated use • Sets Allowable Pollutant Loads for our Lakes, Rivers, Bays and Creeks • Enforced via VPDES Storm Water Permit Regulations Storm Water FY 2012 Program Review — Water Quality How Serious Is EPA? EPA Enforcement Actions on Localities • Dallas, Texas - $5 -Million in Fines and Consent Orders • Eight (8) Small Localities In Massachusetts - $218, 000 in Direct Costs and Fines, Plus Consent Orders • Seventy-nine (79) Localities in Pennsylvania, Consent Orders Only. Costs Unknown. • Three (3) Maryland localities (Including Baltimore): $250, 000 in Direct Costs and Fines, Plus Consent Orders Operations FY 12 Budget • Storm Water Pipe System Street 2% Storm Response 4% • Off Road Ditches & Canals Dam., Spillways • Roadside Ditches wars 5% • Street Sweeping Roadsidef ., Ditches � • Dams, Spillways, Weirs 16% • Pump Stations • BMP Inspection Off Road Ditches) & Canals 17% • Lake Maintenance Funding $12,434,943 March 8, 2011 -17 - CITY MANAGER'S BRIEFING STORM WATER PROGRAM ITEM # 60696 (Continued) FY 12 Water Quality CIP Request Project Expenditure Budget Summary Report grouped by. CIP Category, CIP Status City of Virginia Beach Fiscal Year 2012 Proj. CIP Appropriated FY 2012 FY 2013 FY 2014 FY 2016 FY2016 FY 2017 project Total To Date Budget Budget Budget Budget Budget Budget Storm Water Quality Proposed 702700D SWM Master Plannng, Amos, and Inventory 1,895,906 995,906 150,000 150,000 190,000 150,000 150,000 150,000 715300DLynnhauenWatershed Restoration 5,014,168 3,191,532 300,000 300,ODD 300,000 304,500 309,069 309,088 7159000 Water Quality Participation projects 1,501,500 901,500 100,000 100,000 100,000 100,000 100,000 100,000 7183000 Storm WaterOualtyFnhancerents 13,182,813 6,822,113 1,184,578 1,384,578 1,107,578 8553,078 915,444 915,444 SMos Southern RNer TNM hplenentaton Ran 1,200,000 0 200,000 200,000 200,000 200,OOD 200,000 200,000 =7 Elizabeth goer TNM hplernentation Ran 1,200,000 0 200,OOD 200,OOD 200,000 200,000 200,ODD 200,OOD Proposed 23,994,387 11,911,051 2,134,578 2,334,578 2,057,578 1,807,578 1,874,512 1,874,512 GovMaa V5 12120010 24 e 0 The total Capital Improvement Program and Public Works Operations and Maintenance Storm Water FY Budget is approximately $12,434,943 'd J Impacts of Proposed FY12 'l Citi+' Overall Fund Reduction of $656,916 /Year Part of Proposed_ FY 12 Reduction Storm Water Quality 7.183 Enhancements $656,916 $656,916 $656,916 $656,916 $656,916 $656,916 $3,941,496 $656,916 $656,916 $656,916 $656,916 $656,916 $656,916 25 March 8, 2011 Total Proj. Project Year Year2 �FY111-112 �Year 3 �Year4 Years �Yearli Project No. Name FY 10-11 FY 12-13 FY 13.14 FY 14.15 FY 15-16 Impact Storm Water Quality 7.183 Enhancements $656,916 $656,916 $656,916 $656,916 $656,916 $656,916 $3,941,496 $656,916 $656,916 $656,916 $656,916 $656,916 $656,916 25 March 8, 2011 -18 - CITY MANAGER'S BRIEFING STORM WATER PROGRAM ITEM # 60696 (Continued) 11 �A�." 7-183 Storm Water Quality Sub -Basin Retrofits $0.66 M Comprehensive Stormwater Quality Improvement Program, CIP 7-183 ,3;t,>A a'clas Impact to 7-183 Storm Water ,44 Quality Sub -Basin Retrofits $0.66 M Year 1 year 2 Year 3 year 4 Year 5 FY 14-15 FY 15-16 Thalia Creek - WS 04: Thalia Creek - WS 04: Study for Water Study for Water Quality is $225 K; No Water Quantity Rudee/Owl Creek- West Neck Creek - Study Mill Dam Creek - WS 308: Study yet due to WS 29: Study for WS 30: Study for Portion of Elizabeth River Study for Water Quality Chas Bay Regs-this Water Qu ality and Water Quality and Watershed: Studyfor Water Study yet due to and Wate r Qua ntlty is estimate Is $400K for Water Quantity is Water Quantity is Quality and Water Quantity $210K Stud $200K $200K -$300K 1s$400K-$500. and Water estimate is $400K for Water Quantity is Design Mill Dam Creek - WS Thalia Creek - WS Rudee/Owl Creek - Quantity is $210K I Stud $200K 30B: Design Is $ISO- 04: Design is $250- WS 29: Design is West Neck Creek - WS 10: Design S250K $350K $250K - $350K Design is $300K to $400K Thalia Creek - 30B: Design is $150- WS 04: Design Mi 11 Dam Creek - $250K WS 3OB: Thalia Creek - WS O4: ------------ Construction Construction Is $600 Construction Is Rudee/Owl Creek - WS 29: I I :Thalia Creek - 750K 750K - S850K Construction is 900K - 1.1M IWS O4: Construction ,3;t,>A a'clas Impact to 7-183 Storm Water ,44 Quality Sub -Basin Retrofits $0.66 M March 8, 2011 FY 09 -SO FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 Thalia Creek - WS 04: Study for Water Quality is $225 K; No Mill Dam Creek- Water Quantity Rudee/OwlCreek - Study WS 308: Study Study yet due to WS 29: Study for for Water Quality Chas Bay Regs-this Water Quality and and Water estimate is $400K for Water Quantity is Quantity is $210K I Stud $200K Design Mill Dam Creek - WS Thalia Creek - 30B: Design is $150- WS 04: Design $250K is $250-$350K ------------ I I :Thalia Creek - MillDamCreek- WS 30B: IWS O4: Construction Construction is $600-$750K I I .Construction is 1$750K - $SSOK I March 8, 2011 -19 - CITY MANAGER'S BRIEFING STORM WATER PROGRAM ITEM # 60696 (Continued) Water Quality Backlog 7-183 Storm Water Quality Enhancements $ 3,941,496 New Rudee /Owl Creek TMDL $1,200,000 New Virginia Storm Water Permit Requirements $ 3,000,000 Total $ 8 -Million Storm Water Operations Funding Overview Accomplishments & Requirements Resourcing /Backlog Neighborhood Infrastructure Rehabilitation CIP 7-004 • Work assessed based on cave in history • Prioritized by subdivision • Heavy Rehabilitation • Top 18 identified neighborhoods $36.5M • FY -11 $3,238,800 • FY -12 funding $1,488,800 • Reduced to 1 every other year in 6 year schedule Projected Reduction CIP 7-004, Neighborhood Infra. Rehab. ($1.75 -Million) CIP 7-152, Lake Management ($0.25 -Million) (Ponds/Canal Dredging) Part of Proposed _ FY 12 Annual Reduction March 8, 2011 -20- CITY MANAGER'S BRIEFING STORM WATER PROGRAM ITEM # 60696 (Continued) Infrastructure Rehabilitation CIP 7-004 NEIGHBORHOOD EST / POPULATION Princess Anne Plaza 1960's/ 11,000 Aragona 1950's 19,000 • Green Run 1970's / 19,000 • Glenwood 1980's 110,000 • Ocean Lakes 1980's / 7,000 • Kings Grant 1960's / 9,000 • Windsor Woods 1960's 15,000 • Indian Lakes 1970's / 8,000 • Salem Woods 1980's / 6,000 • Fairfield 1970's/ 6,000 • Salem Lakes 1980's/ 10,000 Red Mill Farms 1980's/ 19,000 • Lagomar 1980's/ 4,000 Magic Hollow 1970's/ 10,000 • Malibu 1960's/ 5,000 Southgate 1980's/ 3,000 • Foxfire 1990's/ 5,000 Courthouse Estates 1990's/ 8,000 COST' 44 $5.5M, 60 $2M $4M 4 , 4 6t $2M x � - $2M u g $2M $2M $2M 3 . _< d Infrastructure Rehabilitation CIP 7-004 • 2200 miles of pipe • FY 12 funding $1.49 -Million • Current cycle — 550 years • Rehabilitation cycle goal — Design life - 50 years — Target - 100 years — Requirement $8.1 -Million Cycle I (Yrs) Miles/Yr ACost' 50, 44 $'16.3 M 60 37 $13.7 M 70 32 $11.8 M 80 28 x$10.3 M 90 25 $9,2 M 100 22 $8.1 M 150 15 $5.8 M 550 4 $1.5 M March 8, 2011 -21 - CITY MANAGER'S BRIEFING STORM WATER PROGRAM ITEM # 60696 (Continued) P i e/Structure Cave In . , p M~ Repair Backlog • Cave In Repair Backlog (current 894) • In House Crew Capability ®.i ; t equests •• — About 700 Cave Ins per year o Total of 4 crews 06-07 954; 215 o leaves increasing backlog 07-48 X58 'too • Annual req't = 1200 repairs os -os ,56 219 • Additional Crew o-�0 1213 728 — Perform additional 175 cave ins —Annual Cost - $850,000 (6 FTE + equip) • $3.01VI/yr in six year program eliminates backlog hnr Y -- Off Road and Roadside Ditching March 8, 2011 -22 - CITY MANAGER'S BRIEFING STORM WATER PROGRAM ITEM # 60696 (Continued) Off Road Ditch Maintenance • Goal: 8 -year cycle time, about 25 miles • Current cycle 30 years • Current in-house capability: 6 mi/year • Additional crew • 8-9 miles/year • Friday — Monday shift o Leverage Sheriff's Work Force o Annual Cost - $850,000 o (6 FTE + equip)) o Heavy vegetation/clearing Locations and Watershed Areas Resources Street Sweeping • Residential Sweeping (Lynnhaven Watershed) — Average 18 month cycle ' • Arterial Sweeping (major roadways) — Average 60-90 day cycle • Oceanfront Sweeping — 7 nights per week, May to September • Town Center Sweeping — One night per week • 5 Mechanical Sweepers • 1 Vacuum Sweeper • Staff: — 4 FTEs - Motor Equipment Operator III — 0.5 FTE — Maintenance Supervisor (Collected/Removed 10, 000 cubic yards of sediment) March 8, 2011 -23 - CITY MANAGER'S BRIEFING STORM WATER PROGRAM ITEM # 60696 (Continued) i� �-:: �.�f: tams and Sptlwa�S aa",^hMak y`Storm Water Pump Stations March 8, 2011 -24- CITY MANAGER'S BRIEFING STORM WATER PROGRAM ITEM # 60696 (Continued) P } F Storm Water Pump Station r Maintenance & Repair SWU-09 Project should include upgrades, rehabilitation, repairs and replacement of existing storm water pump stations. • Maintain aging infrastructure to protect $100 -Million investment • Improve stations experiencing hydraulic and mechanical problems • Maintain (twenty-one) 21 pump stations • Currently not funded • Requirement - $500,000/Year Hurricane Protection 1�.iv' Jt Infrastructure Maintenance SWU-08 Project should include inspection, design, rehabilitation & repairs to the hurricane protection infrastructure • All associated ocean outfalls • All seawall cap and associated storm water trunk line • Current maintenance & repair funded through highway operating • Requirement - $250,000 /Year ' March 8, 2011 SPAM CITY MANAGER'S BRIEFING STORM WATER PROGRAM ITEM # 60696 (Continued) David Hansen, Deputy City Manager, advised this is emerging as the "number one" citizen complaint received in the City. As the City deals with flooding from the streets into homes, overgrown ditches, filled outfalls, cave-ins to deferred maintenance of the infrastructure, the City has arrived at a critical junction. The magnitude of the Storm Water backlog is now approaching $238 -Million. With the current level of funding, this will continue to grow at least 15% per year. Unfortunately, the Operations Work Plans are no longer reliable in Public Works. They are now a Mission Force that responds to emergency repairs. Work crews are pulled off a designated Work Plan to respond to individual telephone calls. Therefore, the backlog continues to grow. The majority of the backlog is contained in this Capital Improvement Program. A long term financial strategy has been established to reduce the impact of the General Fund. If this year's cut is executed, $5.4 -Million will be cut out of the program (1 cent on the real estate tax and also translates to 20% of the entire program and 48% of the Capital Improvement Program). Combined Storm Water Backlog 7.005 North Lake Holly Watershed $ 3,291,000 7.016 South Lake Holly Watershed $ 5,000,000 7-151 Cape Henry Drainage $50,000,000 7-090 Eastern Park Drainage Improvement $ 4,350,000 7-089 College Park/Level Green Drainage Imp. $ 5,650,000 7-087 Aragona Village $ 6,100,000 7-088 Bay Colony $ 1,200,000 7.183 Storm Water Quality Enhancements $ 3,941,496 New Rudee / Owl Creek TMDL $ 1,200,000 New Virginia Storm Water Permit Requirements $ 3,000,000 7-152 Lake Mgmt $84,000,000 7-004 Storm Water Infrastructure Rehab $37,000,000 Pipe/Structure Cave In Repair $18,000,000 Off Road Ditch Maintenance $ 10,200,000 SWU-08 Hurricane Protection Maintenance $ 1,500,000 SWU-09 Storm Water Pump Station Maint. & Repair $ 3,000,000 Total $237.5 M Backlog Operations O f • 9 • Lake Maintenance CIP 7-152 $84.OM • Storm Water Infrastructure Rehab CIP 7-004 $37.OM • Pipe/Structure (Cave In) $18.OM • Off Road Ditch $10.2M • Hurricane Protection Infrastructure Maintenance $ 1.5M • Storm Water Pump Station Maintenance & Repair $ 3.OM $153.7 March 8, 2011 -26 - CITY MANAGER'S BRIEFING STORM WATER PROGRAM ITEM # 60696 (Continued) Resource Allocation - $21,290,525 Flood Control Water Quality Operation and Maintenance Debt Service Support Cost Storm Water FY 11 CIP CUT Water $2.7M Quality 24% $2.1M 19% 4wilOps + FY 12Flood Maint, CUT Control $2.6M $2.7M $1.2M 23% 23%_ 11% F 0% cut to the entire prograrn 8% cut to the CIP 9% $ 1,884,090 13% $ 2,818,667 58% $12,434,943 10% $ 2,008,993 Debt Service 10% $ 2,143,832 $2,008,993 Support Cost Operations & $2,143,832 Maintenance 11. Operating Water Quality Budget CIP $9,839,863 0 1 ` $2,134,578 •' �, Water Quality Operating Budget $684,089 Flood Control I Operating Operations & Maintenance CIP $2,595,080 Flood Control Budget CIP $684,090 $1,200,000 51 Mr. Hansen provided a chart indicating how the current program is resourced. A significant part of the resource is allocated to the on-going operation and maintenance of the system — which is huge. During FY 2013, a serious discussion is necessary re the Cape Henry Beach Drainage project ($15 - Million), comparable to the project completion on Atlantic Avenue. The current budget climate has forced reduction of General Fund support to the Storm Water Utility Enterprise fund Most of the General Fund contributions were in the Storm Water Capital Improvement Program. The next project would entail the "Number One Citizen Compliant ": Cleaning the Ditches. There would be two (2) crews — one in each of the years; the first would leverage the Sheriff's Work Force. Sheriff Stolle has graciously agreed to reenergize that capability. A single ditch crew can handle approximately six (6) miles a year. The next job will be handled by the Pipe Cave -In Crew. The backlog is $3 -Million a year over the 6 -year program. If, the City invests in another crew, this would stop the growth of the cave-in backlog. Lake Management is a heavy program, backlog of $84 -Million to address first 105 of over 400 lakes. In order to handle this situation, funds need to be designated for the first three (3) years. This would enable the " irst page" of the Lakes, Ponds and Canal backlog (comprising twenty (20) projects to be handled. This would establish a long term maintenance program that would potentially allow addressing the others. The Neighborhood Restructure Rehabilitation program (18 designated neighborhoods) would have to be leveraged to deal with the $37 -Million backlog (eventually one (1) neighborhood per year.) Begin to attack this 8 -Million backlog re TMDL: There is a $100 -Million investment comprising twenty- one (21) Storm Water pumps. A crew had to be replaced at one of the main pump houses at the oceanfront this year at a cost of over $225, 000. March 8, 2011 -27 - CITY MANAGER'S BRIEFING STORM WATER PROGRAM ITEM # 60696 (Continued) Resourcing The Backlog Elimination is Not Affordable y 10 on the SW Fee = $885,000 $237M $885K = 267¢ 10 year program to address the backlog requires a 27¢ fee increase (more than doubles the current SW fee) Reducing the Growth of the Backlog is Imperative FYI 2-FY14 North Lake Holly (CIP 7-005) Storm Water $17M Requirements $3.22M .50 I Resourcing Restores FY11 cut/Debt serviced South Lake Holly (CIP 7.016) $12.7M $4.98M .80 RestoresFY22 cut/Debt Servked Cape Henry Beach Drainage $50M $6.9M 1.00 1.50 Restores FY11 cut/Debt Serviced (CIP 7-151) Stand-up Off -Road Ditch Crew $1.7M $.85M .90 .90 Increases response to citizen requests weekend crew with 8herifrs Workforce Stand-up$3M Pipe Structure Crew $.8M 9 ¢ Increases responto citizen requests for se (Cave-in) Infrastructure restoration Lake Management (CIP7-152)$84M $3.25M 2.4 1.00 1.00 Restores FY12cut / Initiates a100year (pond/lake/canal dredging) Maintenance qck Begins to address ChesapeakeTMDL Neighborhood Infrastructure $37M $7.25M 1.550 1.35 1.550 Prevents FYl2 cut/ Initiates an BO year Rehabilitation CIP 7-00a ( ) MairdenameCycle Partial Debt serviced Stormwater Enhancements $810 $657K .350 .550 .950 PreventsFY12cut Begins to address Chesapeake TMDL Sub -basin retrofits (CIP 7-183) Stormwater Pump Maintenance $3.01M $500K .300 .20 Initiates a Maintenance,Repairand & Repair (swu-og) Replace Program Beach Erosion Control & $1.5M $250K .20 Initiates a Monitoring, Maintenance and Hurricane Protection (swu-og) Repair Program TOTAL 7.50 50 50 March 8, 2011 -28 - CITY MANAGER'S BRIEFING STORM WATER PROGRAM ITEM # 60696 (Continued) � U A 1 Storm Water FY 2012 Revenue Generation Potential FY 12 = 241,549 ERU's Current Fund Summary • SWU Generate $21,058,267 Annually • ERU's (FY 1`1) = 2399394 • ERU Annual Fee = $87.965 • ERU Daily Fee = $ 0.241 March 8, 2011 Daily Rate Annual ERU Rate Annual Increase Over 6 Years $0.01 / Day Increase $0.251 $91.61 $881,654 $5,289,924 $0.02 / Day Increase $0.261 $95.26 $1,763,307 $10,579,842 $0.03 / Day Increase $0.271 $98.91 $2,644,961 $15,869,766 $0.051 Day Increase $0.291 $106.21 $4,408,269 $26,449,614 $0.075 / Day Increase $0.316 $115.34 $6,612,404 $39,674,424 Current Fund Summary • SWU Generate $21,058,267 Annually • ERU's (FY 1`1) = 2399394 • ERU Annual Fee = $87.965 • ERU Daily Fee = $ 0.241 March 8, 2011 -29- CITY MANAGER'S BRIEFING STORM WATER PROGRAM ITEM # 60696 (Continued) Storm Water Fee per ERIC ERU = the impervious area of a residence rhe 7.50 in FY12 provides only $1.2M additional Storm Water Funds ifter offsetting the FY11 and FYI 2"General Fund contribution cuts. March 8, 2011 FY 11 FY 12 7.5¢ FY 13 5¢ FY 14 5¢ Daily $0.241 $0.316 $0.366 $0.416 Monthly $7.23 $9.48 $10.98 $12.48 60 Days $14.46 $18.96 $21.96 $24.96 Annual $87.96 $115.34 $133.59 $151.84 rhe 7.50 in FY12 provides only $1.2M additional Storm Water Funds ifter offsetting the FY11 and FYI 2"General Fund contribution cuts. March 8, 2011 -30 - CITY MANAGER `SBRIEFING STRIVING FOR EXCELLENCE REPORT ITEM # 60697 4:33 P.M. The City Manager advised copy of the 2010 Striving for Excellence, Virginia Beach: A quality Government Organization report had been delivered to Members of City Council. This annual report, now in its sixteenth year, documents initiatives, large and small, tangible and intangible, which reflect our organizational values and contribute to the continued success of the Virginia Beach Quality Services System ('VBQSS). The hundreds of improvements made by City departments in the year 2010 resulted in: $1.7 -Million - worth of savings in City expenditures $4 -Million - costs avoided $1.5 -Million - new revenue $1.9 -Million - grants $2.1 -Million -fund-raising Significant improvements to City programs and services The City Manager expressed appreciation to Lyndon S. Remias, Auditor, and his staff, who assisted in assuring all numbers were correct. It is a tribute to the creative vision, determination and hard work put forth by our members who are striving to achieve excellence in public service and to build, nurture and sustain the City of Virginia Beach as a "Communityfor a Lifetime". The report is organized by the various Business Areas and indexed in the back for each department narrative. Last year, energy savings to the Convention Center was approximately $145, 000. In tandem with earning the U.S. Green Building Council's LEED Gold Certification for existing buildings, The Virginia Beach Convention Center maintains a successful recycling program and continues to be an active partner in the Environmental Protection Agency's Energy Star program. The Sandbridge Life Guard Services Contract, after being switched to in-house provision of service, saved approximately $105, 000 last year and the level of service was increased in terms of the quality of care and customer satisfaction. Approximately $118,000 last year was saved on energy last year in the Recreation Centers through retrofitting the lighting. Yard debris recycling: having the contractor haul and process the debris has saved approximately $570, 000 last year. New Park Signage: (replacement of old wood signs with the new recycling material signs), which take much less maintenance, result in a savings of $27,500 a year in reduced maintenance. March 8, 2011 Yl 41 Yl 4) ce 4- 0 O L m W W L 0 0 N 00 [f M 07 M 00 M M l0 O Ln �D N 4d) N 00 ML M O 00 Ln O O ;1-l0 o N � Ln 0)CO r+ 00 ,-+ N m �.o -bR- p d 00 00 m N Lr) Ln r1 N No re) t ^ .� Qi ,--i ^ ^ O 00 M ati pQ' N Ln iprtR N N N i!j- ,Mi LLO i N � ' tA- tib �O 1.0O O O t0 O O iDLn N i N N M , Ln O d M , i N r N t� Ln O O M 00 M M Ln d' Q1 Lr V- CF CD M M N O N 00 N i M m N c"' 1-1 N n N M Ln Ln rn CD NN 2 O Ln 1- t- 1-1 M M n Ln r, N 00 lb� +Pl N NCD 0 N N LLnn co O O M N Ln rli cop CD Ct 00 Ln U i rl r± N m t i Vf. dam-. O a' rn M N Ln � Ln ,-a � L O a� > -O O {A 'Q O v► p E E L IA (n (AL- > Q fC +O+ fC L yOj C > th O V h. y 7 V C �. _ }moi O C O V C = a O f0 fC O O 3 w (U G1 O L >. L W E w C O O U D U U) UJ >Z 0 -31- CITY 31-CITY COUNCIL COMMENTS ITEM # 60698 4:44 P.M. Council Lady Henley wished to acknowledge the events Saturday, March 5, 2011, when a Reception honoring Police Chief Cervera and the three (3) Deputy Chiefs, was held at DanceSport. Mayor Sessoms advised Shewling Moy Wong organized the event on behalf of the diverse community. Shewling expressed gratitude for Mayor and Mrs. William D. Sessoms, City Manager and Mrs. James K. Spore, Council Lady Barbara Henley, Clerk of the Circuit Court Tina Sinnen and Director — Human Services, Robert S. Morin and Mrs. Morin for attending the reception honoring the Police Chief. Ms. Wong advised over 150 guests attended, including School Board Members. It was a festive event with colorful traditional ethnic dresses, tasty cuisine from the diverse community, and even a reporter from the Virginian -Pilot covering the occasion. This was a historical event in having the seven diverse groups working together to achieve a common goal — to formally congratulate and honor our Police Chief, to build a working relationship with the City and to recognize the diverse community leaders. Aside the celebration of the Mayor's Birthday, a milestone was celebrated in the City of Virginia Beach. Credit goes to the Mayor, City Council and Chief Jim Cervera for appointing the first African-American to serve as Deputy Chief. This was a 'first" in the history of the City. Everyone agreed to having a wonderful time networking, chatting and celebrating. March 8, 2011 -32 - AGENDA REVIEW SESSION 4:46 P.M. ITEM # 60699 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: ORDINANCES Ordinance to revise City Council Policy re permits for rental of Surreys in the Resort Area 2. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned rights-of-way: (DISTRICT 6— BEACH) a. OCEAN BEACH CLUB, LLC to construct and maintain building banners, a water feature, swing door, hinge way doors, aluminum sunscreen, cantilevered balconies, roof canopies and roof fascia edges at the rear of 3401 Atlantic Avenue, Suite A b. HI -SEA, LLC to construct and maintain gates and various overhangs (roof, trellis, banners, entry and identification features) re development of Beach Centre at 314 Laskin Road c. JOHN E. and CATHERINE SASSONE UHRIN to construct and maintain a floating dock in Lake Rudee at the rear of 232 Indian Avenue 3. Resolution to appoint Adam G. Swann as Assistant City Attorney, effective March], 2011 4. Ordinances to APPROPRIATE the following: a. $193, 000 to the City Treasurer re postage charges b. $25, 000 from the Beautification Fund to Landscape Management re the Miyazaki Japanese Garden, Sister City tree plantings at Mount Trashmore in commemoration of the 60'* Anniversary of the Council of Garden Clubs c. $636, 500 from the School Landscaping Internal Service Fund to Landscape Management re $186, 000 for Schools playground safety improvements; $48, 000 re relocation and replacement of playground equipment and $402,500 re replacement of motor vehicles and equipment 5. Ordinances to ACCEPT and APPROPRIATE donations: a. $5, 500 from the Lions Club to the Library Gift fund re the book download project for the visually impaired b. $2, 865 from Paul Treanor and others to the Historic Houses Trust Fund re archaeological excavation outside the Adam Thoroughgood House Councilman Uhrin DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(E), re Item J.2.c. Code of Virginia (JOHN E. and CATHERINE SASSONE UHRIN to construct and maintain a floating dock in Lake Rudee at the rear of 232 Indian Avenue). March 8, 2011 -33 - AGENDA REVIEW SESSION ITEM # 60699 (Continued) Council Lady Wilson DISCLOSED pursuant to Section 2.2-3115(E), re Item J.2.a. (City Council's discussion and vote on the ordinance to authorize temporary encroachments into portions of the City rights-of-way, known as 35`" Street and Atlantic Boulevard (City Greenbelt), located at 3401 Atlantic Avenue, Suite A, for Ocean Beach Club, LLC. Council Lady Wilson's husband is a principal in the accounting firm of Goodman and Company, that provides services to Ocean Beach Club, LLC. Her husband does not personally provide services to Ocean Beach Club, LLC. The Act provides that she may participate without restriction to Council's discussion of, and vote on, the application, upon disclosure of this interest. Council Lady Wilson's correspondence of March 8, 2011, is hereby made a part of the record. Council Lady Wilson DISCLOSED pursuant to Section 2.2-3115(E), re Item J.2.b.(City Council's discussion and vote on the ordinance to authorize temporary encroachments into portions of the City Rights-of-way known as Laskin Road, Pacific Avenue, Arctic Avenue and 32nd Street, located at 314 Laskin Road for Hi -Sea, LLC. Council Lady Wilson's husband is a principal in the accounting firm of Goodman and Company, that provides services to Hi -Sea, LLC. Her husband does not personally provide services to Hi -Sea, LLC, The Act provides that she may participate without restriction to Council's discussion of, and vote on, the application, upon disclosure of this interest. Council Lady Wilson's correspondence of March 8, 2011, is hereby made apart of the record. March 8, 2011 -34 - AGENDA REVIEW SESSION ITEM # 60700 8. Application of HARMONY INVESTMENTS, INC. for a Change of Zoning from 1-1 Light Industrial to Conditional A-36 Apartment at 5321 Greenwich Road (deferred by City Council January 11, 2010) (DISTRICT 2-KEMPSVILLE) (Newtown SGA) Harmony Investments, Inc. will be discussed during the Formal Session as there are speakers. BY CONSENSUS, the following items shall compose the PLANNING BYCONSENTAGENDA: ITEM # 60701 K. PLANNING 1. Application of VIRGINIA BEACH FREEWILL BAPTIST CHURCHfor Modification of Condition No. 4 (approved by City Council March 9, 2004) re church expansion at 210 South Witchduck Road (DISTRICT 2-KEMPSVILLE) 2. Applications of 7 -ELEVEN, INC./COURTHOUSE MARKETPLACE OUTPARCELS, LLC (approved by City Council on March 27, 2007) at 2448 Nimmo Parkway re a retail center (DISTRICT 7 — PRINCESS ANNE) a. Modification of Conditional Change of Zoning reformer Wawa site b. Modification of a Conditional Use Permit refuel sales with a convenience store 3. Application ofSTAIN STUDIOS, LLCfor a Conditional Use Permit re a tattoo studio at 92 South Witchduck Road (DISTRICT 2-KEMPSVILLE) 4. Application of STEPHEN J. and PAULA H. LAUKAITIS/MAXIM V. MIR 0VSKI and MARGARET Y. BUMGARTENfor a Conditional Use Permit re a communitypier with afloat at 3300-3336 Whippoorwill Point (DISTRICT 5 — LYNNHAVEN) 5. Application of BEACON TOWERS and AT& T MOBILITY/GUYA. NEWMAN for a Conditional Use Permit re a monopole telecommunications tower at 749 London Bridge Road (DISTRICT 6 — BEACH) 6. Application of NEW CINGULAR WIRELESS PCS, LLC/VIRGINIA BEACH SCHOOL BOARD for a Conditional Use Permit re a communications tower at 1668 Kempsville Road (DISTRICT 1— CENTERVILLE) 7. Application of SOLO INDUSTRIES, LLC/COLLIN ELANE for a Conditional Use Permit re a home occupation for sale offirearms, etc. via the Internet at 2201 Speckled Rock Lane (DISTRICT 7 —PRINCESS ANNE) 9. Application of GEO 1, LLC/JOHN GEORGHIOUfor a Change o Zoning from R-10 Residential to Conditional R-7.5 (WF) Residential with Workforce Housing at 4480- 4488 Indian River Road (DISTRICT 1— CENTERVILLE) March 8, 2011 -35 - AGENDA REVIEW SESSION ITEM # 60701 (Continued) Mayor Sessoms shall DISCLOSE and will ABSTAIN pursuant to Section 2.2-3115(E), Code of Virginia, re Item K9. (City Council's discussion and vote on the application of GEO 1, LLC/JOHN GEORGHIOU for a Conditional Change of Zoning at 4480-4488 Indian River Road). Mayor Sessoms is an Officer of TowneBank. The applicant has advised TowneBank will provide financing for this project. Mayor Sessoms wishes to DISCLOSE this interest and ABSTAIN from voting on this matter. Mayor Sessoms' correspondence of March 8, 2011, is hereby made apart of the record Mayor Sessoms shall DISCLOSE and will ABSTAINpursuant to Section 2.2-3115(E), Code of Virginia, re Item K 8. (City Council's discussion and vote on the application of HARMONY INVESTMENTS for a Conditional Change of Zoning at 5321 Greenwich Road). Mayor Sessoms is an Officer of TowneBank. The applicant has advised TowneBank will provide financing for this project. Mayor Sessoms wishes to DISCLOSE this interest and ABSTAINfrom voting on this matter. Mayor Sessoms' correspondence of March 8, 2011, is hereby made apart of the record Council Lady Wilson shall DISCLOSE pursuant to Section 2.2-3115(E), re Item K.B. (City Council's discussion and vote on the application of HARMONY INVESTMENTS for a Conditional Change of Zoning at 5321 Greenwich Road). Council Lady Wilson's husband is a principal in the accounting firm of Goodman and Company, that provides services to HARMONY INVESTMENTS. Her husband does not personally provide services to HARMONY INVESTMENTS. The Act provides that she may participate without restriction to Council's discussion of, and vote on, the application, upon disclosure of this interest. Council Lady Wilson's correspondence of March 8, 2011, is hereby made apart of the record. Item K.2 (7 -ELEVEN, INC. /COURTHOUSE MARKETPLACE OUTPARCELS, LLC, was DEFERRED, INDEFNITELY, BY CONSENT. Item K3. (STAIN STUDIOS, LLC, was DEFERRED, BY CONSENT, until the City Council Session of April 12, 2011. Item K.7 (Application of SOLO INDUSTRIES, LLCICOLLIN ELAINE, was APPROVED, BY CONSENT, WITH ADDED CONDITION (Annual Administrative Review of the Conditional Use Permit.) March 8, 2011 -36 - ITEM # 60702 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: 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). Acquisition/Disposition of City Property: Princess Anne District PUBLIC CONTRACT: discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711(A) (3) Headquarters Hotel UFL Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 4: 53 P.M. March 8, 2011 -37 - ITEM # 60702 (Continued) Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Voting Nay. None Council Members Absent: William R. "Bill" DeSteph [Out of the Country on Family Vacation] (Break: (4:54 P. M. - 5:00P -M) (Closed Session: (5: 00 P.M. - 5:45 P.M.) March 8, 2011 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL March 8, 2011 6:00 P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 8, 2011, at 6:00 P.M. Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Absent: William R. "Bill" DeSteph [Out of the Country on Family Vacation] INVOCATION: Reverend Thomas Conant Christian Chapel Assembly of God Girl Scout Troop 54 RECITED: 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 apart of the record. March 8, 2011 -39 - 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 apart of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made apart of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made apart of the record. March 8, 2011 -40 - Item — V -E.1 CERTIFICATION ITEM # 60703 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE 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: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph, March 8, 2011 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 #60702, Page 36, 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 March 8, 2011 Item V -F.1 -41 - ITEM # 60704 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of February 22, 2011. Voting: 10-0 Council Members Voting Aye.- Rita ye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: r0f= Council Members Absent: William R. "Bill " DeSteph March 8, 2011 -42 - Item V -G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 60705 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION March 8, 2011 -43 - Item V-11. 1. RECOGNITION OF GIRL SCOUTS ITEM # 60706 Mayor Sessoms PROCLAIMED: March 7 —13 Girl Scout Week March 2011 proudly marks the 99`" Anniversary of Girl Scouts of the United States of America, which was founded by Juliette Gordon Low in 1912 in Savannah, Georgia, and throughout its distinguished history, Girl Scouting has inspired millions of girls and women with the highest ideals of courage, confidence and character. Girl Scouting takes an active role in increasing girls' awareness of the opportunities available to them today in math, science, sports, technology and other fields so that they can expand their horizons. More than 3 -Million current Girl Scout members nationwide will be celebrating 99 years of this American tradition alongside nearly 50 -Million former Girl Scouts showing living proof of the impact of the amazing Girl Scout movement. Mayor Sessoms presented each Scout with a City Seal Pin. Girl Scout Troop 54 ACCEPTED the Proclamation with gratitude. Elizabeth Vaughn — Community Relations Manager — Girl Scout Council of Colonial Coast accompanied the young ladies. Cadence Gilbert, member of PRIDE (Girl Scout Public Speaking Group), 1820 Meredith Road, Virginia Beach, 23455 Phone: (757) 962-7973, addressed the Mayor and City Council. Accompanied by Heather Gilbert, Troop Leader. Troop 54 presented Girl Scout Cookies to the Mayor and Members of City Council. March 8, 2011 Whereas. 9Yarch 2011 proudly marks the 99th anniversary of GirCScouts of the Vnited States of America, which was founded 6y Su&tte Gordon Low in 1912 in Savannah, Georgia; and Whereas. Throughout its distinguishedhistory, GirCScouting has inspiredmiCCions ofgirls and women with the highest ideals of courage, confidence, and character, and Whereas: Through the GirCScout leadership experience, girls develop the skills and lessons they need for a ffetime, so that they may actively contri6ute to their communities; and Whereas: Girl Scouting takes an active role in increasing girls' awareness of the opportunities availa6le to them today in math, science, sports, technology and otherfields so that they can expandtheir horizons, and Whereas. More than three million current Girl Scout mem6ers, nationwide, will 6e celebrating 99 years of this American tradition alongside nearly 50 million former GirCScouts showing Cuing proof of the impact of the amazing GirCScout movement. Now, Therefore, I, William Q Sessoms, .fir., Mayor of the City of Virginia Beach, Virginia, do here6y 1Troclaim: 9darch T - 13 Gir(Scout Week In Virginia Beach, and I encourage all Citizens ceCe6rate the 99th anniversary of the GirC Scouts of the `USA, applaud the commitment GirCScouting has made to support the feadership development of America's girls and proudly proclaim the week of Warch 7- 13, 2011, as GirC Scout Week In Witness Whereof, I have hereunto set my hand and caused the OfficiaCSeaCof the City of Virginia Beach, Virginia, to 6e affixed this Twenty-first day of 'February, Two Thousand Efeven. `William 0. Sessoms, Ir. ,Vayor -44 - Item V -J. ORDINANCES ITEM # 60707 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1, 2,a/b/c, 3, 4a/b/c and 5a/b, the CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye.- Rita ye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: I1vtm Council Members Absent: William R. "Bill" DeSteph March 8, 2011 -45 - Item V -J.1. ORDINANCES ITEM # 60708 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to revise City Council Policy re permits for rental of Surreys in the Resort Area Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: William R. "Bill " DeSteph March 8, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE APPROVING AND ADOPTING A REVISED CITY COUNCIL POLICY PERTAINING TO RENTAL OF SURREYS IN THE RESORT AREA BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby approves and adopts the revised policy entitled "Rental of Surreys in the Resort Area," dated March 8, 2011, which policy has been exhibited to the City Council, and a true copy of which is on file in the City Clerk's Office. Adopted by the City Council of Virginia Beach, Virginia on this ath day of March 2011. APPROVED AS TO CONTENT: &4-� C� Strategic Growth Area Office CA11740 R-2 February 15, 2011 APPROVED AS TO LEGAL SUFFICIENCY: A 61 City Attorney' Office G�NWBE4 0� F I City Policy S Z Op OUR NATION Title: Rental of Surreys in the Resort Area Index Number Date of Adoption: May 10, 2005 Revised: March 8, 2011 Page 1 of 2 1.0 Purpose and Need The purpose of this policy is to regulate surreys at the resort area to protect the public safety and ensure orderly use of public recreational facilities. This policy supplements the provisions of Article V, Chapter 7 of the City Code. 2.0 Definitions Identifiable rental surrey: A surrey owned by a rental business, as of the adoption of this policy, that has provided the following information to the Resort Management Office: (1) manufacturer of surrey; (2) color of surrey; and (3) owner of surrey. Resort area: The resort area Boardwalk, its adjacent grassy area, resort area parks, and resort area sidewalks and streets from Rudee Inlet to 42nd Street and from the sandy beach to Parks Avenue. Surrey: A four -wheeled pedal -powered vehicle capable of seating two (2) or more persons. 3.0 Permit Requirements (a) A permit shall be required for each surrey that is offered as a rental or operated on the resort area bike path or connecting oceanfront plazas. The fee for each permit shall be ten dollars ($10.00). Permits shall be valid for one (1) year from the date of issuance. (b) Permits shall not be granted for surreys rented from businesses located west of Atlantic Avenue, except that any persons who owns or manages a business, located west of Atlantic Avenue, that owns identifiable rental surreys as of the adoption date of this policy, may obtain annual permits for those identifiable rental surreys. Such businesses may not obtain permits for any additional surreys if the number of surreys rented from that location exceeds seven (7). The right to rent surreys from a business located west of Atlantic Avenue is not transferable to subsequent owners, operators, businesses, or physical locations. (c) Applications for surrey permits shall be made to the Convention and Visitors Bureau's Resort Management Office. The permit application shall identify the surrey (including its color and manufacturer), its owner, the surreys storage location, and the surreys rental location. The application shall also list the name of a manager for each rental location, as well as provide the business mailing address and/or facsimile number. (d) No permit shall be issued without the Zoning Administrator's or his/her designee's certification that any proposed storage or rental facilities for surreys are permitted by the zoning ordinance and are not located on city property. No business shall be issued more than seven (7) permits for any rental location. Title: Rental of Surreys in the Resort Area Index Number Date of Adoption: May 10, 2005 Revised: March 8, 2011 Page 1 of 2 (e) A decal indicating that the required permit has been obtained for an identifiable rental surrey shall be displayed prominently on any surrey used or offered for rent in the resort area. Each permitted surrey shall affix a permanent sign that is visible to the operator, and enumerates the following statements: 1. No riding surreys on the Boardwalk, sidewalks, grassy areas or streets. 2. No one under 14 years old may operate this surrey unless accompanied by a supervising adult. 3. No person or persons may ride outside of the surrey. (f) The signs affixed to those surreys rented from locations west of Atlantic Avenue shall also include the following statement: Do not ride surrey on any street —surreys may only be walked across Atlantic Avenue at marked crosswalks while en route to the Boardwalk or when returning surrey to rental location. 4.0 Grant of Permits The City Manager or his designee is hereby authorized and directed to develop guidelines for the issuance, suspension and revocation of surrey permits. Such guidelines may address topics including, but not limited to, equipment standards, maintenance, cleanliness, identification, and the size and seating capacity of surreys. The guidelines shall also prohibit posting advertisements on surreys. 5.0 Permit Revocation or Suspension; Temporary Prohibition on Surrey Operation (a) Any permit for the operation of a surrey may be revoked or suspended by the City Manager for: 1. any violation of this policy; 2. any violation of the guidelines published by the City Manager; or 3. any material misrepresentation, intentional or otherwise, made in the permit application. (b) The revocation or suspension notice shall be faxed or hand -delivered to the surrey's rental location, and shall be effective upon receipt. After receipt of this notice, the rental business's owner or designee shall immediately discontinue or cause to be discontinued the operation or use of permitted surreys as provided in the notice. Thereafter, the rental business' owner or designee shall be entitled to a hearing before the City Manager or his designee within ten (10) days of the effective date of the revocation or suspension. (c) The City Manager, the Chief of Police, or the Chief's designee, may temporarily prohibit the operation of surreys in the resort area under the following conditions: 1. when weather conditions make the operation of surreys unsafe; 2. when congestion on the resort area bike path makes the operation of surreys unsafe; or 3. when otherwise required in the interest of public health, safety or welfare. -46 - Item V-12. a. ORDINANCES ITEM # 60709 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: (DISTRICT 6 — BEACH).- OCEAN EACH):OCEAN BEACH CLUB, LLC to construct and maintain building banners, a water feature, swing door, hinge way doors, aluminum sunscreen, cantilevered balconies, roof canopies and roof fascia edges at the rear of 3401 Atlantic Avenue, Suite A; subject to: 1. The temporary encroachments shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. Nothing herein shall prohibit the City from immediately removing, or ordering the Applicant to remove, all or any part of the temporary encroachments from the Encroachment Area, in the event of an emergency or public necessity, and the applicant, to the extent of their respective interests therein, shall bear all costs and expenses of such removal. 3. The temporary encroachments shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachments must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 4. The applicant 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 in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachments. 5. 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 applicant. 6. The applicant agrees to maintain the temporary encroachments so as not to become unsightly or a hazard. 7. The applicant must submit and have approved a Trak Control Plan before commencing work. 8. There shall be no open cut of the public roadway allowed, except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. 9. The applicant must obtain a permit from the Planning Department prior to commencing any construction. March 8, 2011 Item V -J. 2. a. ORDINANCES -47 - ITEM # 60709 (Continued) 10. The application must, prior to issuance of a right-of-way/utility easement permit, 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. 11. The applicant must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant also agrees to carry comprehensive general liability insurance in an amount not less than $500, 000.00 combined single limits of such insurance policy or policies. The applicant 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 applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachments. 12. The temporary encroachments must conform to the minimum setback requirements, as established by the City. 13. The applicant 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 City Engineer's Office or the Engineering Division of the Public Utilities Department. 14. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachments and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachments; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachments are allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes March 8, 2011 Item V -12. a. ORDINANCES ITEM # 60709 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: William R. "Bill " DeSteph Council Lady Wilson DISCLOSED pursuant to Section 2.2-3115(E), re Item J.2.a. (City Council's discussion and vote on the ordinance to authorize temporary encroachments into portions of the City Rights-of-way known as 35`" Street and Atlantic Boulevard (City Greenbelt), located at 3401 Atlantic Avenue, Suite A, for Ocean Beach Club, LLC. Council Lady Wilson's husband is a principal in the accounting firm of Goodman and Company, that provides services to Ocean Beach Club, LLC. Her husband does not personally provide services to Ocean Beach Club, LLC, the Act provides that she may participate without restriction to Council's discussion of, and vote on, the application, upon disclosure of this interest. Council Lady Wilson's correspondence of March 8, 2011, is hereby made a part of the record. March 8, 2011 2 Oy99�s �p UUR NA"oNS 0�6 ROSEMARY WILSON COUNCIL LADY - AT -LARGE In Reply Refer to 0043625 City of Virgirzia Beach March 8, 2011 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115 (H) Dear Mrs. Fraser: VBgov.com PHONE: (757) 422-0733 FAX: (757)385-5669 Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on an ordinance to authorize temporary encroachments into a portion of the City right-of-way known as 35th Street and Atlantic Blvd. (City Greenbelt), located at the rear of 3401 Atlantic Avenue, Suite A, for Ocean Beach Club, LLC 2. I have a personal interest in this transaction because my husband is a principal in the accounting firm of Goodman and Company, and that company provides services to Ocean Beach Club, LLC. My husband does not personally provide services to Ocean Beach Club, LLC. 3. The City Attorney's Office has advised me that although I have a personal interest in this transaction, because my husband does not personally provide services to Ocean Beach Club, LLC, the Act provides that I may participate without restriction in Council's discussion of, and vote on, the application, upon disclosure of this interest. 4. I wish to disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. 1304 WREN PLACE, VIRGINIA BEACH, VA 23451 Mrs. Ruth Hodges Fraser -2- March 8, 2011 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115 (H) Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, tRosmary Ali Councilmember 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 RIGHT-OF-WAY KNOWN AS 35TH 7 STREET AND ATLANTIC BLVD. (CITY 8 GREENBELT), LOCATED AT THE 9 REAR OF 3401 ATLANTIC AVENUE, 10 SUITE A, FOR OCEAN BEACH CLUB, 11 LLC, A VIRGINIA LIMITED LIABILITY 12 COMPANY 13 14 WHEREAS, Ocean Beach Club, LLC, a Virginia limited liability company desire 15 to construct and maintain building banners, a stepped water feature, swing door, hinge 16 way doors, aluminum sunscreen, cantilevered balconies, roof canopies and roof fascia 17 edges within the City's right-of-way known as 35th Street and Atlantic Blvd. (City 18 Greenbelt), located at the rear of 3401 Atlantic Avenue, Suite A, in the City of Virginia 19 Beach, Virginia; and 20 21 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 22 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 23 City's right-of-way subject to such terms and conditions as Council may prescribe. 24 25 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Ocean Beach Club, LLC, a 30 Virginia limited liability company, its heirs, assigns and successors in title are authorized 31 to construct and maintain temporary encroachments for building banners, a stepped 32 water feature, swing door, hinge way doors, aluminum sunscreen, cantilevered 33 balconies, roof canopies and roof fascia edges, within the City's right-of-way as shown 34 on the map marked Exhibits 1.1 thru 1.5" and entitled: "Ocean Beach Club Phase III 35 Encroachments into Right -of -Way 35tH Street & Atlantic Blvd. Virginia Beach, VA," a 36 copy of which is on file in the Department of Public Works and to which reference is 37 made for a more particular description; and 38 39 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 40 subject to those terms, conditions and criteria contained in the Agreement between the 41 City of Virginia Beach and Ocean Beach Club, LLC, a Virginia limited liability company 42 (the "Agreement"), which is attached hereto and incorporated by reference; and 43 44 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 45 is hereby authorized to execute the Agreement; and 46 46 47 48 49 50 51 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such time as Ocean Beach Club, LLC, a Virginia limited liability company and the City Manager or his authorized designee executes the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the Rth day of March , 2011. CA -11656 R-1 PREPARED: 2/24/11 APPROVED AS TO CONTENTS SGP LIC WORKS, REAL ESTA APPROVED AS TO LEGAL SUFFICIENCY AND FORM ARMEYER, ASST ANT CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this Wct tday of , 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and OCEAN BEACH CLUB, LLC, a Virginia limited liability company, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner or long-term lessee of that certain lot, tract, or parcel of land designated and described as "Lots 4, 5, 6 and the Northern thirty feet of lot 3 in Block 81 "; as shown on that certain plat entitled: "Property of Virginia Beach Development Co., Virginia Beach Va. North of 25th St.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 3, at page 176 and 177, and being further designated, known, and described as 3401 Atlantic Avenue A, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain building banners, a stepped water feature, swing door, hinge way doors, aluminum sunscreen, cantilevered balconies, roof canopies and roof fascia edges, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (CITY RIGHT OF WAY — NO GPIN REQUIRED OR ASSIGNED) 2428-03-4447-0000; (3401 Atlantic Avenue A) 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 35th Street and Atlantic Boulevard (commonly referred to as the "City Greenbelt"), the "Encroachment Area", and WHEREAS, the Grantee has been advised that this encroachment does not entitle the Grantee to exclude the public from City public property. WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: Ocean Beach Club Phase III Encroachments into Right -of -Way 35th Street & Atlantic Blvd. Virginia Beach, VA," said exhibit plat consists of five (5) sheets, copies of which are attached hereto as Exhibits "1.1 thru 1.5," dated January 4, 2011, and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 1 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, nor to exclude the public from public property. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. 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, Department of Public Works, for final approval. 3 " q It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that 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 force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary 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 Ocean Beach Club, LLC, a Virginia limited liability company, has caused this Agreement to be executed on its behalf by Robert M. Howard, Chief Financial Officer ("CFO") of Ocean Beach Club, LLC, a Virginia limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2011, 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. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2011, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Registration Number: My Commission Expires: _ Notary Public 6 �� (SEAL) OCEAN BEACH CLUB, LLC, a Virginia limited liability company By (SEAL) Robert M. Howar , CFO STATE OF Vl A- i -mck CITY/ B-ead"- , to -wit: The foregoing instrument was acknowledged before me this 22t\zt day of ru-a W, , 2011, by Robert M. 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ORDINANCES ITEM # 60710 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: (DISTRICT 6 — BEACH): HI -SEA, LLC to construct and maintain gates and various overhangs (roof, trellis, banners, entry and identification features) re development of Beach Centre at 314 Laskin Road; subject to: 1. The temporary encroachments shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. Nothing herein shall prohibit the City from immediately removing, or ordering the Applicant to remove, all or any part of the temporary encroachments from the Encroachment Area, in the event of an emergency or public necessity, and the applicant, to the extent of their respective interests therein, shall bear all costs and expenses of such removal. 3. The temporary encroachments shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachments must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 4. The applicant 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 in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachments. 5. 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 applicant. 6. The applicant agrees to maintain the temporary encroachments so as not to become unsightly or a hazard. 7. The applicant must submit and have approved a Trak Control Plan before commencing work. 8. There shall be no open cut of the public roadway allowed, except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. 9. The applicant must obtain a permit from the Planning Department prior to commencing any construction. 10. The application must, prior to issuance of a right-of-way/utility easement permit, 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. March 8, 2011 -50 - Item V -12.b. ITEM# 60710 (Continued) 11. The applicant must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant also agrees to carry comprehensive general liability insurance in an amount not less than $500, 000.00 combined single limits of such insurance policy or policies. The applicant will provide endorsements providing at least thirty (3 0) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachments. 12. The temporary encroachments must conform to the minimum setback requirements, as established by the City. 13. The applicant 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 City Engineer's Office or the Engineering Division of the Public Utilities Department. 14. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachments and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachments; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachments are allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph March 8, 2011 -51 - Item V-J.2.b. ITEM# 60710 (Continued) Council Lady Wilson DISCLOSED pursuant to Section 2.2-3115(E), re Item J.2.b.(City Council's discussion and vote on the ordinance to authorize temporary encroachments into portions of the City Rights-of-way known as Laskin Road, Pacific Avenue, Arctic Avenue and 32"d Street, located at 314 Laskin Road for Hi -Sea, LLC. Council Lady Wilson's husband is a principal in the accounting firm of Goodman and Company, that provides services to Hi -Sea, LLC. Her husband does not personally provide services to Hi -Sea, LLC; the Act provides that she may participate without restriction to Council's discussion of, and vote on, the application, upon disclosure of this interest. Council Lady Wilson's correspondence of March 8, 2011, is hereby made a part of the record. March 8, 2011 2 9�O Zr i �g9'Fs OF OUR NAS,,NS ROSEMARY WILSON COUNCIL LADY - AT -LARGE In Reply Refer to 0043624 City of VirgirXia Beach March 8, 2011 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115 (H) Dear Mrs. Fraser: VBgov.com PHONE: (757) 422-0733 FAX: (757) 385-5669 Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on an ordinance to authorize temporary encroachments into portions of City rights- of-way known as Laskin Road, Pacific Avenue, Arctic Avenue, and 32nd Street located at 314 Laskin Road for Hi -Sea, LLC. 2. I have a personal interest in this transaction because my husband is a principal in the accounting firm of Goodman and Company, and that company provides services to Hi -Sea, LLC. My husband does not personally provide services to Hi -Sea, LLC. 3. The City Attorney's Office has advised me that although I have a personal interest in this transaction, because my husband does not personally provide services to Hi -Sea, LLC, the Act provides that I may participate without restriction in Council's discussion of, and vote on, the application, upon disclosure of this interest. 4. I wish to disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. 1304 WREN PLACE, VIRGINIA BEACH, VA 23451 Mrs. Ruth Hodges Fraser -2- March 8, 2011 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115 (H) Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, Rosemary A. Wilson Councilmember 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 A PORTION OF THE RIGHTS OF WAY 6 OF LASKIN ROAD, PACIFIC AVENUE, 7 ARCTIC AVENUE AND 32ND STREET 8 LOCATED ADJACENT TO 314 LASKIN 9 ROAD BY HI -SEA, LLC. 10 11 WHEREAS, HI -SEA, LLC, a Virginia limited liability company, desires to 12 construct and maintain gates and various overhangs (roof, trellis, banners and 13 entry/identification features) within portions of City rights-of-way known as Laskin Road, 14 Pacific Avenue, Arctic Avenue and 32nd Street in connection with its development of the 15 "Beach Centre" project located at 314 Laskin Road, Virginia Beach, Virginia 23451 16 GPIN 2428-02-0253. 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 20 City's #right of way/property subject to such terms and conditions as Council may 21 prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, HI -SEA, LLC, a Virginia 27 limited liability company, its assigns and successors in title are authorized to construct 28 and maintain a temporary encroachment for gates and various overhangs (roof, trellis, 29 banners and entry/identification features) in the City's rights of way as shown on the 30 maps marked Exhibits 1.1 thru 1.13" and entitled: "Beach Centre Encroachments into 31 Right -of -Way Laskin Road, Arctic Ave., Pacific Ave. and 32nd Street," a copy of which is 32 on file in the Department of Public Works and to which reference is made for a more 33 particular description; and 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 36 subject to those terms, conditions and criteria contained in the Agreement between the 37 City of Virginia Beach and HI -SEA, LLC, a Virginia limited liability company, (the 38 "Agreement"), which is attached hereto and incorporated by reference; 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 HI -SEA, LLC, a Virginia limited liability company, and the City Manager or his 45 authorized designee execute the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the sth day 48 of —ash , 2011. 49 50 CA11639 R-1 PREPARED: 2/24/11 \\vbgov.com\dfsl \applications\citylawprod\cycom32\wpdocs\d025\p009\00007852.doc APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM (41 a, � L PUBLIC ORKS, REAL EST C EY 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 fia 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and HI -SEA, LLC, a Virginia limited liability company, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "PARCEL A" as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 1, 2 and 3 BLOCK 103 AND 300'X 364' PARCEL ADJOINING BLOCK 103 SUBDIVISION OF LINKHORN PARK M.B. 5 P. 151 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 50' AUGUST 9, 2010, prepared by GALLUP SURVEYORS & ENGINEERS, LTD.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20101005001051150, and being further designated, known, and described as 314 Laskin Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain gates and various overhangs (roof, trellis, banners and entry/identification features), collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (CITY RIGHT OF WAY — NO GPIN REQUIRED OR ASSIGNED) 2428-02-0253-0000; (314 Laskin Road) iN W/ WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City rights-of-way known as Laskin Road, Pacific Avenue, Arctic Avenue and 32nd Street, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "Beach Centre Encroachments into Right -of -Way Laskin Road, Arctic Ave., Pacific Ave. and 32nd Street," said exhibit plat consists of thirteen (13) sheets, copies of which are attached hereto as Exhibits "1.1 thru 1.13," dated January4, 2011, and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. 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, Department of Public Works, for final approval. 3 &q It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that 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 force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required 4 A 4 by either the City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary 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 HI -SEA, LLC, a Virginia limited liability company, has caused this Agreement to be executed on its behalf by Robert M. Howard, Chief Financial Officer ("CFO"), Heritage Investments, LLC a Virginia limited liability company as Managing Member of HI -SEA, LLC. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2011, 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. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2011, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Registration Number: My Commission Expires: _ Notary Public (SEAL) HI -SEA, LLC, a Virginia limited liability company By (SEAL) Robert M. Howard, FO Heritage Investments, LLC, Managing Member of Hi -Sea, LLC STATE OF VIRGINIA CITY/•e9 `OIAI; 'A 8cecN, to -wit: The foregoing instrument was acknowledged before me this /g day of 2011, by Robert M. Howard, CFO of Heritage Investments, LLC, Managing Member of Hi -Sea, LLC. Notary Registration Number: c232313 37343 My Commission Expires: 6a-29-- l2 - (SEAL) Notary Public .% Q0AA.& �. ' NOTgRY-.- , * PUBLIC '. o MY 343 OMM S ION �4 EXPIRES �Q %�ACTH OF (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM RMEYER, CITY ATTORNEY I o O -a• r, O , N 7 o O �Vf a p m m O O § D 3 3 - I M(D ` 1 I � I o Ln Nrrl 00 D o D (D o CFQ o (D o F. .�LnI n v0 n cu A. ( 3 I D 3 D 3 9 i 00 G iQ° r+ rD � O O o =� dQ North (D -S rD , 0) Property Line Laskin Road _ C 0 0 r+ Matchline See Exhibit 1.4 I I I I Matchline See Exhibit 1.4 _ F; - (D rn 3 0 m Q �noy v O m n m � 3 n .� D n n orn n (Dfl, n X - - v 3 � Matchline; f D � -v = W See Exhibit 1.2 Ln � o o I D CiI o rt I I ml I Matchline See Exhibit 1.4 _ F; - (D W� 3 0 m Q �noy v O m n m � 3 n .� D n n D (D --------- - - - - -- Matchline ! See Exhibit 1.2 I i i i I 0 I' Ir I fD North i I 0 O N C) QJ rD [D < 0aq -- Cr 00 Q n [IQ =r rD D Building Entry and Identification High Roof Edge Encroachment (low) EncroachmentI /j 2'-0" on 32nd Street 2 i nd Ct rP Pt 5'-0" on 32nd Street / I o o I 1 0 rD Ln U.) M. 0 0 0 n 0 � O n � D � N 90 5. W r --h N O = ;a CL D 6 ,C 1 rn 1 j � 1 I n 0 � O n � D � N 90 5. W r --h N O = ;a CL D 6 ,C � 1 I rD I Matchllne _ _ _ _ _ _ _ _ _ _ _ _ _ _ Matchllne n�1 See Exhibit 1.3 �D See Exhibit 1.3 r I =3nl I r j North �I I � I I CD , - 1 I--I - - - - - - -- - -- - - - -- D Matchline , Matchline z 1 See Exhibit 1.6 See Exhibit 1.6 I — I s rnC I I iUl o r w 1 I ; 0 1 7 to O O n ((D ` n ro I I � 1 c� I . S loo uj 16- N 16 I CL IIv rD -t (� cn r+ Iw (D 1 j (D I r -h I I 1 3 O x i 0 I N 4ni II D O .Nr I — I mac', O O In C M w w n 1 I' ' K n n 1 A s T1 O V "I 1 I cu 3 Q1 O ri'I 1 Tt W N (D x rt y N O N N Iy < cr I -- - k. m rt D C w cr- Ln rte+ r+ (D I I w o •i - Q � (D � � 1 -O n n _ W SZ O 0 Ln rt Iw 3 3 n w nl I ID' Q IDM O to W –++ � I .x o N O 0 S r+ �0 w 0 a O Z O n 1. 1 I ro r+ G (D rt s I w Daq z �1 , o 3 u 3 ( n z m a n1 j o � _ 0 " n rp m O S t -+un I a I 3 Q rDEi rp O O I rro � f D fi I h h h 0 1 j - L^ n N I I � I . I 0 n m�o S 7 r w O o -p I 3 0 1O m m u 0 O n =O ^Tl �Si oma I 3 N i (D �. W N 00 r.Wj � n N m s loo D -< I " rn G) 3 o r ' ° h N r c .c�.1 p N -r7 - 1 rDuj r W O rn 1 I m O rn N 1 -a n 1 w (n I o ;z _ (D Sy 1 i W N v �i n I -- m N Q. r�-r =37I I rD m ( C N O I o HI 3 2 rp gg � h Matchline I Matchiine �° See Exhibit 1.5� I See Exhibit 1_5 - Exhibit O S fD ELEVATION VIEW ARCTIC AVE at LASKIN ROAD (partial) (not to scale) �.�._:��._.•,��.• nnr u'�+� rte• xYrlrn nR�ir' ' (D U^` lI JX'.' 0 < cr 0- rD rD > N 0) 5• W o D o C N CD (D_ D O r -F r O S fD ELEVATION VIEW ARCTIC AVE at LASKIN ROAD (partial) (not to scale) ;a ! 11 E T �I r 80 7 I Fd� Ad IOINEtt / PER'k 5014.3.` fY s2t t� -71 .77 MOL ELEVATION VIEW LASKIN ROAD at ARCTIC AVE. (partial) (nottoscale) m om (Dx 0 < tT rD aq• 3 ,✓ 0- `V bo � � �• N � 1 v O O O rD 0q C7 < D �+ rD rD MOL ELEVATION VIEW LASKIN ROAD at ARCTIC AVE. (partial) (nottoscale) a) ra U N O O C L w w I— C/) c N m LU ca > w O Q —F U_ LL w QJ w O— c� N ~ O 2 a U r -I O U � iR J- Y CO 4-Q N C7 _ U 00 —' r -I r -i C N C aD -0 +v.+ 4-jL .E = w > v Q L m 7-1_ W " U d c w e a) ra U N O O C L w w I— C/) c N m LU ca > w O Q —F U_ LL w QJ w O— J- w 8 7-1_ e • i a) ra U N O O C L w w I— C/) c N m LU ca > w O Q —F U_ LL w QJ w O— f N t 41 m � f y=j S OTM i Ln ui � W y � k $ E C. + 3,...�.,,,a�3....GJ _—.....�...- .... y � LL s aw r v m Q — LU 4- Q a i to LU w i - _ W c J N i f_. W M CL al: 4 e O. W �! + X- �.. yi fD Q W fD Q N v W' – �prD t w mw —A -v z fD _:. 11 �\- scgl Ir - s -52 - Item V -J. 2. c. ORDINANCES ITEM # 60711 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: (DISTRICT 6 — BEACH): JOHN E. and CATHERINE SASSONE UHRIN to construct and maintain a floating dock in Lake Rudee at the rear of 232 Indian Avenue; subject to: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. Nothing herein shall prohibit the City from immediately removing, or ordering the Applicant to remove, all or any part of the temporary encroachment from the Encroachment Area, in the event of an emergency or public necessity, and the applicant, to the extent of their respective interests therein, shall bear all costs and expenses of such removal. 3. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 4. The applicant 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 in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. 5. 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 applicant. 6. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 7. The applicant must submit and have approved a Trac Control Plan before commencing work. 8. There shall be no open cut of the public roadway allowed, except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval 9. The applicant must obtain a permit from the Planning Department prior to commencing any construction. 10. The application must, prior to issuance of a right-of-way/utility easement permit, 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. March 8, 2011 -53 - Item V -12. c. ORDINANCES ITEM # 60711 (Continued) 11. The applicant must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant also agrees to carry comprehensive general liability insurance in an amount not less than $500, 000.00 combined single limits of such insurance policy or policies. The applicant will provide endorsements providing at least thirty (3 0) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. 12. The temporary encroachment must conform to the minimum setback requirements, as established by the City. 13. The applicant 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 City Engineer's Office or the Engineering Division of the Public Utilities Department. 14. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes Councilman Uhrin DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(E), re Item J.2.c. Code of Virginia (JOHN E. and CATHERINE SASSONE UHRIN) to construct and maintain a floating dock in Lake Rudee at the rear of 232 Indian Avenue). Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: John E. Uhrin Council Members Absent: William R. "Bill " DeSteph March 8, 2011 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY 5 5PROPERTY KNOWN AS LAKE RUDEE 6 LOCATED AT THE REAR OF 232 8 INDIAN AVENUE, VIRGINIA BEACH, VIRGINIA, FOR PROPERTY OWNERS 9 19 JOHN E. UHRIN AND CATHERINE 11 SASSONE UHRIN 12 13 WHEREAS, John E. Uhrin and Catherine Sassone Uhrin desire to construct an 14 maintain an 8'x 8' floating dock upon the City's property known as Lake Rudee, located 15 at the rear of 232 Indian Avenue, in the City of Virginia Beach, Virginia; and 16 15.2-2009 and 15.2-2107, 17 WHEREAS, City Councau il is thorized pursuant to §§ 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY O 22 VIRGINIA BEACH, VIRGINIA: 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, John E. Uhrin and Catherine 25 Sassone Uhrin, their heirs, assigns and successors in title, are authorized to construct 26 and maintain temporary encroachments for an 8' x 8' floating dock on a portion of the 27 City's property known as Lake Rudee as shown on the map marked Exhibit "A" and 28 entitled: "EXHIBIT "A" — ENCROACHMENT LOT REQUEST.118 AC FOR FLOATING GPIN 2 DOCK-OFO R 29 JOHN UHRIN SHADOWLAWN HEIGHTSof which is on 30 SCALE: 1" = 30' DATE: NOVEMBER 19, 2010 SHEET 1 OF 1," a copy 31 file in the Department of Public Works and to which reference is made for a more 32 particular description; and 33 34 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 35 subject to those terms, conditions and criteria contained in the Agreement between the 36 City of Virginia Beach and John and incorporated by eeferences and Uhrin (the 37 "Agreement"), which is attached hereto 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 40 is hereby authorized to execute the Agreement; and 41 not be in effect 42 BE IT FURTHER ORDAINED, at this Sassonelnance Uhrin andlthe City Managertlor his 43 time as John E. Uhrin and Cat 44 authorized designee execute the Agreement. 45 l of the City of Virginia Beach, Virginia, on the Ri-h ay 46 Adopted by the Counci 47 of 9 2011. CA -11641 R-1 PREPARED: 2/24/11 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM I NA ER, ASSI ANT CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 24th day of February, 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JOHN E. UHRIN and CATHERINE SASSONE UHRIN, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 1-A", as shown on that certain plat entitled: "RESUBDIVISION PLAT OF LOTS 1, 2 AND 3 SHADOW LAWN HEIGHTS (INSTR. NO. 20081027001249400) AND PORTION OF PROPERTY OF CITY OF VIRGINIA BEACH (DB 4388, PG 1201) VIRGINIA BEACH, VIRGINIA JULY 20, 2010, prepared by MSA, P.C.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20100922001000030, and being further designated, known, and described as 232 Indian Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 8' x 8' floating dock, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2417-81-8696-0000; (City Of Virginia Beach) 2417-91-0714-0000; (232 Indian Avenue) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City property known as Lake Rudee, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT "A" — ENCROACHMENT REQUEST FOR FLOATING DOCK FOR JOHN UHRIN SHADOWLAWN HEIGHTS LOT 1-A 0.118 AC GPIN: 2417-91-0714 SCALE: 1" = 30' DATE: NOVEMBER 19, 2010 SHEET 1 OF 1," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to 3 carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary 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 rd ($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, John E. Uhrin and Catherine Sassone Uhrin, the said Grantees, have caused this Agreement to be executed by their signatures. 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 By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2011, 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. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2011, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Registration Number: My Commission Expires: m Notary Public (SEAL) 5 By n E. Uhrin, Owner By r/l Catherine Sassbhe Uhrin, Owner STATE OF CITY/COUNTY OF to -wit: The foregoing instrument was acknowledged before me this Qq day of f eAgI16 , 2011, by John E. Uhrin. Notary Registration Number: My Commission Expires: v `AL) Notary ublic STATE OF 4 % IV I 0 ' � CITY/COUNTY OF ' oto -wit: The foregoing instrument was acknowledged before me this day of 9 9 O 4/,' 2011, by Catherine Sassone Notary Registration Number: My Commission Expires:�01� h EAL) APPROVED AS TO CONTENTS .a APPROVED AS TO LEGAL SUFFICIENCY AND FORM ARMEYER, A S ANT CITY ATTORNEY W � v w 11, FL000 y 'ffz FX, p l\ER PROPOSED 8'x8' FLOATING DOCK IgI 39. Fn' 0 30' 60' 1"=30' GPIN: 2417-91-0714 ZONING: R-5 S ENGINEERING SERVICES PROVIDED BY: PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC. PHONE (757) 773-8084 EMAIL RICKOPCC-LLC.COM PLT H OF Li 4 AL " u RICHARD T. BARTLETT ter, i N Lic. No. 18335 o "o NOVEMBER 19, 2010 A. N 64'29'00" W S/ O N A L 11.38' N 74'31'33" W CO 8.52' 'P 0• APO 1 5 819.97' " W N/F HOME ASSOCIATES OF to x 9'97 VIRGINIA INC. 236 INDIAN AVENUE iro �G GPIN: 2417-81-9787 ate, LOT SHADOW S SHADOW LAWN HEIGHTS u� INSTRUMENT N0. 20081027001249400`��3 O- �6 r S 13735'24" E I INDIAN AVENUE 31.68' \ (30' R/W) EXHIBIT "A" — ENCROACHMENT REQUEST FOR FLOATING DOCK FOR JOHN UHRIN SHADOWLAWN HEIGHTS LOT 1-A 0.118 AC NOVEMBER 19, 2010 SHEET 1 OF 1 0 .A► CL * 'zw MEOW low— ✓� Ann law ' ARAA 9tA . i h'i' c -54 - Item V-13. ORDINANCES ITEM # 60 711 a. Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to appoint Adam G. Swann as Assistant City Attorney, effective March 1, 2011 Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. None Council Members Absent: William R. "Bill" DeSteph March 8, 2011 s � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Appointing Adam G. Swann to the Position of Assistant City Attorney MEETING DATE: March 8, 2011 ■ Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." ■ Considerations: This Resolution appoints Adam G. Swann as an Assistant City Attorney, effective March 1, 2011. ■ Recommendations: it is recommended that City Council adopt the attached resolutions. ■ Attachments: Resolution Recommended Action: Adopt Resolution Submitting Department/Agency: City Attorney LS tt �1 Moo City Manager. 2 3 4 5 6 7 8 9 10 11 A RESOLUTION APPOINTING ADAM G. SWANN TO THE POSITION OF ASSISTANT CITY ATTORNEY BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to § 2-166 of the City Code, Adam G. Swann is hereby appointed to the position of Assistant City Attorney, effective March 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on the sth day of March , 2011. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney's Office CA11806 R-1 February 28, 2011 -55 - Item V-14a/b/c ORDINANCES ITEM # 60712 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Ordinances to APPROPRIATE the following: a. $193,000 to the City Treasurer re postage charges b. $25, 000 from the Beautification Fund to Landscape Management re the Miyazaki Japanese Garden, Sister City tree plantings at Mount Trashmore in commemoration of the 60'h Anniversary of the Council of Garden Clubs c. $636, 500 from the School Landscaping Internal Service Fund to Landscape Management re $186, 000 for schools playground safety improvements; $48, 000 re relocation and replacement of playground equipment and $402,500 re replacement of motor vehicles and equipment Voting: 10-0 (By Consent) Council Members Voting Aye.- Rita ye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph March 8, 2011 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO APPROPRIATE FUNDS TO THE FY 2010-11 OPERATING BUDGET OF THE OFFICE OF THE CITY TREASURER FOR POSTAL SERVICE CHARGES NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $193,000 is appropriated, with estimated revenues from City Treasurer Charges increased accordingly, to the FY 2010-11 Operating Budget of the Office of the City Treasurer for postal services. Adopted by the Council of the City of Virginia Beach, Virginia on the Rth day of Marzh_, 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT Management Services CA11805 R-1 February 25, 2011 APPROVED AS TO LEGAL SUFFICIENCY: 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO APPROPRIATE $25,000 IN FUND BALANCE FROM THE CITY BEAUTIFICATION FUND TO THE FY 2010-11 OPERATING BUDGET OF THE DEPARTMENT OF PARKS AND RECREATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $25,000 in fund balance from the City Beautification Fund is hereby appropriated, with local revenue increased accordingly, to the FY 2010-11 Operating Budget of the Department of Parks and Recreation for landscaping on public property. Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day Of March , 2011. Requires an affirmative vote by a majority of all of the the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services !!nWis Office CA11798 R-1 February 16, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO APPROPRIATE $636,500 IN FUND BALANCE FROM THE SCHOOL LANDSCAPING INTERNAL SERVICE FUND TO THE FY 2010-11 OPERATING BUDGET OF THE DEPARTMENT OF PARKS AND RECREATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $636,500 in fund balance from the School Site Landscaping Internal Service Fund is hereby appropriated, with local revenue increased accordingly, to the FY 2010- 11 Operating Budget of the Department of Parks and Recreation for one-time expenses approved by the School Administration. Adopted by the Council of the City of Virginia Beach, Virginia on the V day of March , 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: C Management Services CA11801 R-1 February 23, 2011 APPROVED AS TO LEGAL SUFFICIENCY: i�YX`11 s ffice DEPARTMENT OF PARKS AND RECREATION LANDSCAPE MANAGEMENT DIVISION 757-3854461 FAX (757)427.1885 TDD(757)427-4305 City of Vires; ; a F eacl-z INTER -OFFICE MEMORANDUM DATE: February 1, 2011 Wgov com 4141 DM NECS ROAD VIRGWIA BEACH VA 2345&5788 TO: John Kalocay, Assistant Superintendent — Virginia Beach City Public Schools FROM: � Frank Fentress, Landscape Management Administrator SUBJECT: Use of 613 Internal Service Fund Net Assets for FY 2010-11 As you know, the year-end fund balance for 11049 - Grounds Services accumulates in a 613 Internal Service Fund account at the end of each fiscal year. The fund balance is made up largely of salary and fringe benefits surpluses at the end of each fiscal year due to vacancies throughout the year in Grounds Services. We are requesting your approval to use $636,500 from the net assets in the 613 Internal Service Fund to pay for some specific projects and equipment replacements that we cannot afford to do otherwise in FY 10-11. The specific requests and amounts are listed below: 603407 — Other Contractual Services Playground Safety Improvements - 12 sites @ $15,500 each - Phase II of a 5 -year program for $186,000 Surfacing Removal and Replacement at various school sites - Relocation and replacement of playground and equipment at $48,000 Fairfield Elementary 607105 — Replacement of Motor Vehicles and Equipment (1) Pickup, 4WD, Ford F-450, Dual Rear Wheel to replace $43,000 $43,000 #141829 (1) Mower, TORO 4000D with Canopy to replace tractor $48,000 $48,000 #48899 (1) Trailer, 20 -ton capacity, 28 foot with Beaver Tail to replace $20,000 $20,000 #068151 (2) Truck, 17,500 GVWR Crew Cab with Snow Plow and Salt $89,500 $179,000 Spreader to replace #140660, 141317 � _ k Memorandum to John Kalocay Page Two February 1, 2011 (9) Trailer, 14,000 GVW,.22' Flat Bed with Tool Box to replace Trailers #146621, 146622, 146625, 146627, 146628, 146887, 140928, 140929, 141314 (1) Traffic Line Painter to replace #120887 (4) Trailer, 8,000 GVW, 16' Flat Bed to replace Trailers #120868, 140871, 141886, 141315 (4) Hustler 72" Riding Mowers to replace TORO Z -Mowers #165131, 146832, 165127, 146305 Total Below is a brief explanation of the projects: $6,000 $54,000 $6,500 $6,500 $4,500 $18,000 $8,500 $34,000 $636,500 Phase I of the five-year safety surface replacement program began in 2010. Ten elementary school sites have been addressed thus far and two more are scheduled for completion later this spring. Phase II addresses 12 more elementary school playgrounds. The removal and replacement of playground base materials and engineered wood fiber will help to assure that safety requirements are maintained while prolonging the life expectancy of the toy structure. The playground at Fairfield Elementary School is located in a low lying field. Severe flooding results during rain events. The surfacing material is in constant disarray and adequate levels are difficult to maintain. The toy is beyond its life expectancy and in need of replacement as well. The estimated replacement cost is based on current pricing for new playground construction. Funding of the relocation and toy will eliminate the flooding and make for a safer, enjoyable, useful play experience and environment. • All vehicles and equipment listed have met mileage and service requirements established by the City's Automotive Services Division for replacement and are essential to our operation. Funding will reduce repair costs, minimize downtime, and help to ensure effective service delivery. As noted previously, we are recommending that funding be utilized from the 613 Internal Service Fund. In lieu of Internal Service funding, the alternatives are either delaying these projects and replacements until they can be funded through the normal budget process or that no funding be provided. We feel that these two alternatives, especially providing no funding, will result in deficiencies at a number of school sites. We have also proposed some of the safety improvements previously in the budget process, but due to competing priorities have been unable to secure -funding. We look forward to your favorable response. Please feel free to contact me should you need more information or clarification to evaluate these requests. FLF/jfb cc: Christina Uperti Paul Harris DWARTLENT OF PARKS AND RECREAMON LANDSCAPE MANAGEMENT DMS*N 757-38bMG1 FAX (757) 427 -lass TDD (757).427-4305 4C,-11 7 dJf—1Z"gjxxizL 13� e,-oLxz-, 1 INTER -OFFICE MEMORANDUM DATE: February 14, 2011 Wome4m 4141 OAY NEMAM0 VRG AA8EU]I,VA23456686 TO: John Kalocay, Assistant Superintendent — Virginia Beach City Public Schools AM FROM: J4 Frank Fentress, Landscape Management Administrator SUBJECT: Explanation of Internal Service Fund Net Assets Request for FY 2010-11 As requested, below is more detailed information concerning our February 1, 2011, year-end fund balance request for 11049 - Grounds Services. The current request includes $186,000 for playground surfacing renovations at 12 elementary schools. The engineered wood fiber surfacing in these playgrounds has deteriorated and become compacted overtime and Is now below national safety standards. In addition to removing and replacing the engineered wood fiber, this contract also includes improvements to the timber borders and underdrain systems and ensures the best possible ADA accessibility to the playground equipment. This work is part of a five-year plan to address safety and ADA needs for all 75 playgrounds at elementary schools. Playgrounds contracted for last year (five remaining to be completed by April 1) and those proposed for the next round are listed below. Plaveround Surfacing Renov_a#ions- FY 09-10 Arrowhead Elementary Bayside Elementary–Playground 1 Bayside Elementary–Playground 2 Birdneck Elementary Holland Elementary Indian Lakes Elementary John B. Dey Elementary Unkhorn Elementary Point O View Elementary Seatack Elementary Strawbridge Elementary Thalia Elementary Kingston Elementary – Playground 1 Kingston Elementary–Playground 2 Red Mill Elementary–Playground 1 Red Mill Elementary–Playground 2 Proposed Surfacing Renovations–FY 10-11 Betty F. Williams Elementary Corporate Landing Elementary–Playground 1 Corporate Landing Elementary – Playground 2 Three Oaks Elementary Louise Luxford Elementary Centerville Elementary Trantwood Elementary–Playground 1 Trantwood Elementary–Playground 2 Lynnhaven Elementary Parkway Elementary Rosemont Elementary Salem Elementary * Used contractual funds from 11049 operating budget to add these four playgrounds. Memorandum to John KaMocay Page 2 February 14, 2011 In addition to the playground surfacing renovations, we also intend to relocate and replace the entire playground at Fairfield Elementary. The current playground is in a poor location on the site and is subject to flooding during even minor rain events. This severely limits its use and has been an ongoing problem since the playground was first installed about 15 years ago. Many remedies, including site grading and dry wells, have been tried, but all with little success in solving the problem. With input from Fairfield Elementary administration, the new playground will be installed in a better location on the school property and will include betterADA accessibility. Our fund balance request for FY 2010-2011 also includes $402,500 for vehicle and equipment replacements_ None of the equipment assigned to 11049 is in the City's replacement program, so we have been replacing these assets through fund balance requests since 2005. With the exception of the Traffic Line Painter, all vehicles and equipment on the list were suggested by Automotive Services as meeting their criteria for replacement either by age, mileage or cumulative cost for repairs exceeding replacement value. Explanations for the proposed equipment replacement requests follow: (1) Pickup 4WD Ford F-450, Dual Rear Wheel to replace #141829 This truck is for the Schools Concrete/Asphalt/Storm Drain crew. They build asphalt walkways for portables, ADA ramps and sidewalks, and repair storm drain cave-ins and infrastructure at schools. Four wheel drive is needed because this truck is frequently used to pull a trailer with forms and equipment off the pavement to problem areas on the school sites. It replaces a service van with over 108,000 miles on it. (1) Mower TORO 4000D with Canopy to replace tractor #48899 This mower replaces the last of the old Schools tractors with a rear grass cutting flail. The tractor was more than 20 years old and has already been surplussed by Automotive Services as not worth repairing. The mower, which is T wide, will be used by our Schools mowing units. (1) Trailer, 20 ton capaci % 28 foot with Beaver Tall to replace #M1S1 This trailer is more than 20 years old, and is used by our Schools Sports Field/Irrigation unit for hauling backhoes, tractors and implements to school sites, mainly for athletic field maintenance, grading and renovation. It has reached the end of its useful life and will be replaced with a comparable trailer. (2) Trude 17 500 GVWR Crew Cab with Snow Plow and Salt Spreader to replace #140660,141317 These trucks are both small crew cab dump trucks, close to ten years old, which are now mainly used in a support role when other Schools trucks are down for service or repairs. The older trucks get rotated to this type of service before they are replaced. The replacements will be used by Schools maintenance units, and the next oldest trucks will be rotated to the support fleet. (9) Trailer, 14,000 GVW, Zr Flat Bed with Tool Box to replace Trailers #146621,146622,146625, 146627,146628,146$87,140928,140929,141314 Six of these trailers are enclosed cargo trailers used by the Schools maintenance units. The structural frames of these trailers are failing, so we are replacing them with open, much more structural sound trailers. Two of these trailers are already at Automotive Services being evaluated, and it is doubtful we will get them back. The remaining three trailers are smaller open trailers, also used by schools maintenance units, which have reached the end of their useful life. The replacement trailers are designed to safely carry the load of our current mowing equipment. Memorandum to John Kalocay Page 3 February 14, 2011 (1) Traffic lane Painter to replace #120887 Although not flagged for replacement by Automotive Services, this Traffic Line Painter is used by our Schools Traffic/Signage unit to perform parking lot maintenance at schools. Most of the repairs of this unit over the years have been performed by Schools mechanics. The unit being replaced is over 15 years old and has had the air compressor and paint tank replaced several times. (4) Trailer, 8,000 GVW 16' Flat Bed to replace Trailers #120868,140871.141886,141315 These trailers are small open trailers that have reached the end of their useful lives. Two are used by Schools mowing units, one is used by the Schools Traffic/Signage unit, and the last is used by the Schools Fence/Welding unit to haul materials, such as gates_ (4) Hustler 72" Riding Mowers to replace TORO Z -Mowers #165131 146832.165127,146305 All of these 72" mowers are used by Schools mowing units. They are being replaced due to meeting the high usage hours and/or repair costs criteria. The replacement units also have rear discharge, which is safer for use on school grounds. I hope this information will be helpful. Please feel free to contact me should you need more information or clarification to evaluate these requests. FLF/Jib cc:. Cindy Curtis Christina Uperti Paul Harris IRGINIA BEACH CITY PUBLIC SCHOOLS A H E A D O F T H E C U R V E John S. Kalocay Assistant Superintendent Administrative Support Services MEMORANDUM TO: Frank Fentress, Administrator Landscape Management FROM: John S. Kalocay, Assistant Superintendent Department of Administrative Support Services SUBJECT: 613 Fnternal Service Fund Net Assets for FY 2010-11 DATE: February 16, 2011 We authorized the amount of $636,500 in the 613 Internal Service Fund for the replacement of equipment, playground replacement and surfacing removal. We support the use of the Internal Service Fund Net Assets for these projects and we ask that you proceed to transfer the funds. Please contact me should you have any questions and/or concerns. cc: Dr. Sheila S. Magula, Deputy Superintendent Farrell E. Hanzaker, Chief Financial Officer . 8 201, -56 - Item V-J.5a/b. ORDINANCES ITEM # 60713 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinances to ACCEPT and APPROPRIATE donations: a. $5, 500 from the Lions Club to the Library Gift fund re the book download project for the visually impaired b. $2, 865 from Paul Treanor and others to the Historic Houses Trust Fund re archaeological excavation outside the Adam Thoroughgood House Voting: 10-0 (By Consent) Council Members Voting Aye.- Rita ye:Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: William R. "Bill " DeSteph March 8, 2011 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO ACCEPT AND APPROPRIATE A DONATION FROM THE LIONS CLUB TO THE LIBRARY GIFT FUND BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a donation of $5,500 from the Lions Charity Foundation of District 24-D is hereby accepted and appropriated, with estimated revenue increased accordingly, to the Library Gift Fund for the purchase of cartridges. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of ma rah —, 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Management Services CA11804 R-1 February 23, 2011 APPROVED AS TO LEGAL SUFFICIENCY: C' r�o s ice 1 AN ORDINANCE TO APPROPRIATE DONATIONS TO THE 2 HISTORIC HOUSES TRUST FUND IN THE FY 2010-11 3 OPERATING BUDGET OF THE DEPARTMENT OF 4 MUSEUMS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 That $2,865 in private donations are hereby appropriated, with local revenue 8 increased accordingly, to the Historic Houses Trust Fund in the FY 2010-11 Operating 9 Budget of the Department of Museums to conduct an archaeological excavation at the 10 Adam Thoroughgood House. Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day of March 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: DT� Q4A� a' "— Management Services o ffice CA11802 R-1 February 23, 2011 SIM Item K. PLANNING ITEM # 60714 1. VIRGINIA BEACH FREEWILL BAPTIST CHURCH 2. 7 -ELEVEN, INC. /COURTHOUSE MARKETPLACE OUTPARCELS, LLC 3. STAIN STUDIOS, LLC 4. STEPHEN J. and PA ULA H. LA UKAITIS/ MAXIM V MIROVSKI and MARGARET Y. BUMGARTEN S. BEACON TOWERS and AT & T MOBILITY/ GUYA NEWMAN 6. NEW CINGULAR WIRELESS PCS, LL Cl VIRGINIA BEACH SCHOOL BOARD 7. SOLO INDUSTRIES, LLC/COLLINELANE 8. HARMONY INVESTMENTS, INC. 9. GEO 1, LLC/JOHN GEORGHIOU MODIFICATION OF CONDITION No. 4 (approved by City Council March 9, 2004) re church expansion (approved by City Council 3/27/2007) a. Modification of Conditional Change of Zoning b. Modification of Conditional Use Permit CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING March 8, 2011 Item K. PLANNING ITEM # 60715 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Items 1, 2 (DEFERRED INDEFINITELY, BY CONSENT), 3 (DEFERRED to April 12, 2011), 4, 5, 6, 7(ADDED CONDITION) and 9 of the PLANNING BY CONSENT AGENDA: (Item No. 7 (SOLO INDUSTRIES, LLCICOLLINELANE Conditional Use Permit added condition: There shall be an annual administrative review of this Use Permit) Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R Dyer, Barbara M. Henley, Sessoms, Jr., John E. Uhrin, Council Members Voting Nay: None Council Members Absent: Harry E. Diezel Davis, William R. "Bill" DeSteph, Robert M. Vice Mayor Louis R. Jones, Mayor William D. Rosemary Wilson and James L. Wood Mayor Sessoms DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(E), Code of Virginia, re Item K9. (City Council's discussion and vote on the application of GEO 1, LLC/JOHN GEORGHIOU for a Conditional Change of Zoning at 4480-4488 Indian River Road). Mayor Sessoms is an Officer of TowneBank. The applicant has advised TowneBank will provide financing for this project. Mayor Sessoms wishes to DISCLOSE this interest and ABSTAIN from voting on this matter. Mayor Sessoms' correspondence of March 8, 2011, is hereby made apart of the record March 8, 2011 -59 - Item K.1. PLANNING ITEM # 60716 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED Application of VIRGINIA BEACH FREEWILL BAPTIST CHURCH for Modification of Condition No. 4 (approved by City Council March 9, 2004) re church expansion at 210 South Witchduck Road (GPIN 1467729262) (DISTRICT 2—KEMPSVILLE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Application of VIRGINIA BEACH FREEWILL BAPTIST CHURCH for Modification of Condition No. 4 (approved by City Council March 9, 2004) re church expansion at 210 South Witchduck Road (GPIN 1467729262) (DISTRICT 2—KEMPSVILLE) The following conditions shall be required: 1. All conditions with the exception of Number 4, attached to the Conditional Use Permit granted by the City Council on November 10, 1998 remain in effect. 2. Condition Number 4 of the November 10, 1998, Conditional Use Permit is deleted and replaced with the following: The site shall be developed substantially in accordance with the submitted "Site development Plan of Virginia Beach Free Will Baptist Church" Sheet 3 of 7 dated 03131199, revised 06113101, stamped 1210212010 and prepared by John E. Sirine & Associates, Ltd. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. Provide additional planting materials along Grayson and South Witchduck to meet street frontage and foundation planting requirements. This Ordinance shall be effective in accordance with Section 107 ()9 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighth day of March, Two Thousand Eleven March 8, 2011 Item K 1. PLANNING Voting: 10-0 (By Consent) Council Members Voting Aye: ITEM # 60716 (Continued) Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: William R. "Bill" DeSteph March 8, 2011 -61 - Item K.2. PLANNING ITEM # 60717 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY Applications of 7 -ELEVEN, INC./COURTHOUSE MARKETPLACE OUTPARCELS, LLC (approved by City Council on March 27, 2007) at 2448 Nimmo Parkway (GPIN 1494637921;1494638788) re a retail center (DISTRICT 7 — PRINCESS ANNE) a. Modification of Conditional Change of Zoning reformer Wawa site b. Modification^ f a Conditional Use Permit refuel sales with a convenience store Voting: 10-0 (By Consent) Council Members Voting Aye.- Rita ye:Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent.- William bsent: William R. "Bill" DeSteph March 8, 2011 -62 - Item K.3. PLANNING ITEM # 60718 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO April 12, 2011, BY CONSENT, Ordinance upon Application of STAIN STUDIOS, LLC for a Conditional Use Permit re a tattoo studio at 92 South Witchduck Road (GPIN 1467737757) (DISTRICT 2 — KEMPSVILLE) Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: William R. "Bill" DeSteph March 8, 2011 -63 - Item K4. PLANNING ITEM # 60719 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of STEPHEN J. and PAULA H. LAUKAITISIMAXIM V MIROVSKI and MARGARET Y. BUMGARTEN for a Conditional Use Permit re a community pier with a float at 3300-3336 Whippoorwill Point (GPIN # 146888709210000 and 14888737460000) (DISTRICT S — LYNNHAVEN) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of STEPHEN J. and PAULA H. LAUKAITIS/MAXIM V MIROVSKI and MARGARET Y. BUMGARTENfor a Conditional Use Permit re a community pier with afloat at 3300-3336 Whippoorwill Point (GPIN # 146888709210000 and 14888737460000) (DISTRICT S — LYNNHAVEN) RO31137461 The following conditions shall be required: 1. The boat dock shall be constructed as shown on the plan entitled "Conditional Use Permit For A Community Pier, " prepared by Waterfront Consulting Inc., dated April 20, 2010, or as may be modified as required by the Joint Permit Application Permit. 2. The use of the non-commercial, community boat dock shall be limited to the private use of lots shown on the plan as "Site B" (3336 Whippoorwill Point) and "Site 3-3a" (3300 Whippoorwill Point) for boating and recreational purposes only. 3. Permits shall be secured from all appropriate regulatory agencies through the Joint Permit Application process prior to any development or construction of the pier. 4. No commercial use of the dock shall be permitted. 5. There shall be no on-site storage or dispensing of petroleum products from this property. 6. There shall be no structures, except for uncovered boat lifts, on any portion of the pier. 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 Eighth day of March, Two Thousand Eleven March 8, 2011 WIR Item K.4. PLANNING ITEM # 60719 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph March 8, 2011 -65 - Item K. 5. PLANNING ITEM # 60720 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT Ordinance upon application of BEACON TOWERS and AT&T MOBILITY/GUY A. NEWMAN for a Conditional Use Permit re a monopole telecommunications tower at 749 London Bridge Road (GPIN #1496952784) DISTRICT 6 — BEACH) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BEACON TOWERS and AT&T MOBILITY/GUY A. NEWMAN for a Conditional Use Permit re a monopole telecommunications tower at 749 London Bridge Road (GPIN #1496952784) DISTRICT 6 — BEACH) RO31137462 The following conditions shall be required: The lease area shall be developed substantially in accordance with the submitted plan entitled "Beacon Towers, London Bridge Road, Site Number VA -1025, 749 London Bridge Road, Virginia Beach, VA 23454, " dated 10115110, and prepared by Infinigy Engineering & Surveying. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The set of plans shall be revised to show a maximum eight (8) foot high fence with no barbed wire encompassing the lease area before submittal for site plan review. 3. Documentation from the Navy stating that the communications tower is permitted within the Navy's easement must be included with the site plan submittal. 4. In the event interference with any City emergency communications facilities arises from the users) of this tower, the applicant shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within seven (7) days, the applicant shall cease operation to the extent necessary to stop the interference. 5. In the event that antennas on the tower and/or the tower are inactive for a period of one (1) year, the tower shall be removed at the applicant's expense 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 Eighth day of March, Two Thousand Eleven March 8, 2011 Item K S. PLANNING ITEM # 60720 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph March 8, 2011 -67 - Item K. 6. PLANNING ITEM # 60721 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon Application of NEW CINGULAR WIRELESS PCS, LLCIVIRGINL4 BEACH SCHOOL BOARD for a Conditional Use Permit re a communications tower at 1668 Kempsville Road (GPIN #1465134458) (DISTRICT 1— CENTERVILLE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of NEW CINGULAR WIRELESS PCS, LLCIVIRGINIA BEACH SCHOOL BOARD for a Conditional Use Permit re a communications tower at 1668 Kempsville Road (GPIN 41465134458) (DISTRICT 1— CENTERVILLE) R03113 7463 The following conditions shall be required: The lease area shall be developed substantially in accordance with the submitted plan entitled "Tallwood High School, Site ID NF233-A, 1668 Kempsville Road Road, Virginia Beach, VA 23464, " dated 06115110, and prepared by Morrison Hershfield. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. In the event interference with any City emergency communications facilities arises from the user(s) of this tower, the applicant shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within seven (7) days, the applicant shall cease operation to the extent necessary to stop the interference. This Ordinance shall be effective in accordance with Section 107 ()q of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighth day of March, Two Thousand Eleven March 8, 2011 1= Item K. 6. PLANNING ITEM # 60721 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph March 8, 2011 Item K 7. PLANNING ITEM # 60722 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, CONSENT, Ordinance upon application of SOLO INDUSTRIES, Conditional Use Permit re a home occupation for sale of firearms, etc. Rock Lane (GPIN # 148521295 7) (DISTRICT 7 — PRINCESS ANNE) City Council ADOPTED, BY LLC/COLLIN ELANE for a via the Internet at 2201 Speckled BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of SOLO INDUSTRIES, LLC/COLLIN ELANE for a Conditional Use Permit re a home occupation for sale of firearms, etc. via the Internet at 2201 Speckled Rock Lane (GPIN # 1485212957) (DISTRICT 7 — PRINCESS ANNE) RO31137464 The following conditions shall be required: Not more than twenty percent (2001o) of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity associated with the home occupation. 2. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 3. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 4. There shall be an annual administrative review of this Use Permit. 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 Eighth day of March, Two Thousand Eleven March 8, 2011 -70 - Item 70 - Item K. 7. PLANNING ITEM # 60722 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye.- Rita ye: Rita Sweet Bellitto, Glenn R. Davis, Harry K Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph March 8, 2011 -71 - Item K. 8. PLANNING ITEM # 60723 Attorney Steve Davis, Willcox and Savage, Phone: 628-5602, represented the applicant, Harmony Investments. After years and much effort, this application was presented for Conditional A-36. The developer is committed to a high quality, upper market project. Elevators will be in all buildings. All exterior doors will be secured with keys. The stairways and corridors will be enclosed and conditioned. This will not be an open-air facility. Each unit will have a balcony and nine foot ceilings. There are a total of 224 apartments, (134 one -bedroom and 92 two-bedroom). The three-bedroom apartments have been eliminated and reduced to two-bedroom. The apartments are targeted for young professionals. A 6 - foot privacy fence has been proffered. Attorney Davis had submitted correspondence of the immediate neighbor to the North to the Virginian -Pilot in SUPPORT of the application, as well as a local insurance agency. Greenwich Village presents a very compelling economic case for the City. An apartment complex would yield approximately $300, 000 a year in taxes to the City. This complex compliments the City's Strategic Plan. The following registered in Opposition: Trey Dudley, 5221 Executive Boulevard, Phone: (75 7) 839-2100, President - Point -of -View Civic League, requested the residents stand. The neighbors take great pride in their homes. Many of the residents appreciated and participated in the Strategic Growth Study. Gail Clyburn Settle, 5201 Academy Court, Phone: 671-8969, owns and operates insurance agency John Dorroh, 933 Queen Elizabeth Drive, Phone: 431-8676 Marcellas C. Heath, III, 116 South Parliament Drive, Phone: 497-4755 John Settle, 5201 Academy Court, Phone: 671-8969 Charlie Batte, 5325 Academy Road, Phone: 406-4478 Reverend Dick Laslo, 314 South Parliament Drive, Phone: 621-3915 Upon motion by Councilman Diezel, seconded by Councilman Dyer, City Council ADOPTED the Application of HARMONY INVESTMENTS, INC. for a Change of Zoning from 1-1 Light Industrial to Conditional A-36 Apartment at 5321 Greenwich Road (GPIN 1467546228) (deferred by City Council January 11, 2010) (DISTRICT 2-KEMPSVILLE) (Newtown SGA). BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of HARMONY INVESTMENTS, INC. for a Change of Zoning from 1-1 Light Industrial to Conditional A-36 Apartment at 5321 Greenwich Road (GPIN 1467546228) (deferred by City Council January 11, 2010) (DISTRICT 2-KEMPSVILLE) (Newtown SGA). ZO311250 March 8, 2011 9V�E Item K 8. PLANNING ITEM # 60723 (Continued) The following condition shall be required.• 1. An Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made apart of the record. This Ordinance shall be effective in accordance with Section 107 (fi of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighth day of March, Two Thousand Eleven Voting: 5-4 Council Members Voting Aye.- Rita ye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, John E. Uhrin Council Members Voting Nay: Barbara M. Henley, Vice Mayor Louis R. Jones, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: William R. "Bill" DeSteph Mayor Sessoms DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(E), Code of Virginia, re Item K.B. (City Council's discussion and vote on the application of HARMONY INVESTMENTS for a Conditional Change of Zoning at 5321 Greenwich Road). Mayor Sessoms is an officer of TowneBank. The applicant has advised TowneBank will provide financing for this project. Mayor Sessoms wishes to DISCLOSE this interest and ABSTAIN from voting on this matter. Mayor Sessoms' correspondence of March 8, 2011, is hereby made apart of the record Council Lady Wilson DISCLOSED pursuant to Section 2.2-3115(E), re Item K8. (City Council's discussion and vote on the application of HARMONY INVESTMENTS for a Conditional Change of Zoning at 5321 Greenwich Road). Council Lady Wilson's husband is a principal in the accountingfirm of Goodman and Company, that provides services to Harmony Investments. Her husband does not personally provide services to Harmony Investments. The Act provides that she may participate without restriction to Council's discussion of, and vote on, the application, upon disclosure of this interest. Council Lady Wilson's correspondence of March 8, 2011, is hereby made apart of the record. March 8, 2011 IA• U e Op OUR NAZ��N WILLIAM D. SESSOMS, JR. MAYOR In Reply Refer to 0043623 City of Virgiriia Beach March 8, 2011 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E) Dear Mrs. Fraser: V Bgov xom MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms@vbgov.com Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Harmony Investments for a Conditional Change of Zoning at 5321 Greenwich Road. 2. I have a personal interest in this transaction because I am an officer of TowneBank, which is located at 297 Constitution Drive in Virginia Beach. The applicant has advised that TowneBank will provide financing for this project. 3. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Mrs. Ruth Hodges Fraser -2- Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E) Thank you for your assistance and cooperation in this matter. Sincerely, r iillia.VmD. essoms Mayor March 8, 2011 2 99 5 OF OUR NA-V'o 0 ROSEMARY WILSON COUNCIL LADY - AT -LARGE In Reply Refer to 0043622 City of Virgir-.ia Beach March 8, 2011 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115 (H) Dear Mrs. Fraser: VBgov.com PHONE: (757) 422-0733 FAX: (757) 385-5669 Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: I am executing this written disclosure regarding City Council's discussion and vote on the application of Harmony Investments for a Conditional Change of Zoning at 5321 Greenwich Road. 2. I have a personal interest in this transaction because my husband is a principal in the accounting firm of Goodman and Company, and that company provides services to Harmony Investments. My husband does not personally provide services to Harmony Investments. The City Attorney's Office has advised me that although I have a personal interest in this transaction, because my husband does not personally provide services to Harmony Investments, the Act provides that I may participate without restriction in Council's discussion of, and vote on, the application, upon disclosure of this interest. 4. I wish to disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. 1304 WREN PLACE, VIRGINIA BEACH, VA 23451 Mrs. Ruth Hodges Fraser -2- March 8, 2011 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115 (H) Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, Rosemary A. ilson Councilmember I G1�lA•BE,gC' �ti4 fY.G 0� CITY OF VIRGINIA BEACH d : INTER-OFFICE CORRESPONDENCE r y0 �2 �9 5 of OUR NF"'o In Reply Refer To Our File No. DF -7299 TO: Mark D. Stiles FROM: B. Kay Wilson DATE: February 23, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Harmony Investments, Inc. — Conditional Rezoning The above -referenced conditional zoning application is scheduled to be heard by the City Council on March 8, 2011. 1 have reviewed the subject proffer agreement, dated March 12, 2009 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure / cc: Kathleen Hassen ✓ Prepared by Warren L. Tisdale Willcox & Savage, P.C. One Commercial Place, Suite 1800 Norfolk, VA 23510-2197 AGREEMENT THIS AGREEMENT (the "Agreement") is made as of this 12`x' day of March, 2009, by and between 310 EAST STREET, LLC, a Virginia limited liability company, the current owner of that certain property located on Greenwich Road, in Virginia Beach, Virginia, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property'), HARMONY INVESTMENTS, INC., a Virginia corporation, the proposed developer of the Property (3 10 East Street, LLC and Harmony Investments, Inc. are hereinafter referred to collectively as the "Grantor"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the property from I-1 to Conditional A-36; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned A-36 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing A-36 zoning districts by the existing City's Zoning Ordinance ("CZO"), the following reasonable conditions related to the physical development, operation and use of the Property to -be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and GPIN NO.: 1467-54-6228 WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be' recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby.covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property„ which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, Grantor shall develop the dwelling units upon the Property in substantial conformity with the conceptual site plan prepared by MSA, P.C., dated March 11, 2009, and titled "Conceptual Site Layout and Landscape Plan of Greenwich Village, Greenwich Road, Virginia Beach, VA" (the "Conceptual Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 2. When developed, the structures shown on the Conceptual Plan shall be developed using architectural designs and building materials shown on the rendering by Cox, Kliewer & 2 1-868075.1 Company, P.C. dated October 31, 2008 and titled "Conceptual Apartment Building Front Elevation; Greenwich Village; Greenwich Road; Virginia Beach, VA," a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 3. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the CZO, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (a) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (b) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (c) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for review thereof prior to instituting proceedings in court; and (d) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [SIGNATURE PAGE FOLLOWS] 1-868075.1 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: 310 EAST STREET, LLC, a Virginia limited liability company By: Page S. Johnson, II, Authorized Member of 310 East Street, LLC HARMONY INVESTMENTS, INC., a Virginia corporation By: , Page S. Jo so�11,ice-President COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was sworn to and acknowledged before me this ) Z day of Eh , 2009, by Page S. Johnson, II, who is personally known to me or has produced identification, and who signed in his capacity as Authorized Member of 310 East Street, LLC, and in his capacity as Vice -President of Harmony Investments, Inc. My Commission Expires: Registration Number: I-868075.1 Notary Notary Public Commonwealth of Virginla Commission Expires May 31. 201 0 EXHIBIT A ALL THAT certain tract of land with the improvements thereon and appurtenances thereunto belonging situate in Bayside Borough in the City of Virginia Beach, Virginia, and designated _PARCEL "2" on that certain plat entitled "AMENDED RESUBDIVISION OF PARCEL 'A-1' AND PARCEL 'C', 'SURVEY OF PROPERTY FOR LANDMARK COMMUNICATIONS, INC.' (MB 78, PG 31), VIRGINIA BEACH, VIRGINIA", made by MSA, P.C., dated April 17, 2008, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20080430000501660. IT BEING a portion of the same property conveyed to Landmark Communications, Inc., a Virginia corporation, by deed from E.V. Williams Company, Inc., a Virginia corporation, dated December 27, 1968 and recorded December 27, 1968 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 1091 at page 239. 1-868075.1 -73 - Item K.9. PLANNING ITEM # 60724 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of GEO 1, LLC/JOHN GEORGHIOU for a Change of Zoning from R-10 Residential to Conditional R-7.5 (WF) Residential with Workforce Housing at 4480-4488 Indian River Road (DISTRICT I — CENTERVILLE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of GEO 1, LLC/JOHN GEORGHIOU for a Chase of Zoning from R-10 Residential to Conditional R-7.5 (WF) Residential with Workforce Housing at 4480-4488 Indian River Road DISTRICT 1— CENTERVILLE. ZO311251 The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made apart of the record. 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 Eighth day of March, Two Thousand Eleven Voting: 9-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: William D. Sessoms, Jr. Council Members Absent: William R. "Bill" DeSteph Mayor Sessoms DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(E), Code of Virginia, re Item K.9. (City Council's discussion and vote on the application of GEO 1, LLC/JOHN GEORGHIOU for a Conditional Change of Zoning at 4480-4488 Indian River Road). Mayor Sessoms is an Officer of TowneBank. The applicant has advised TowneBank will provide financing for this project. Mayor Sessoms' correspondence of March 8, 2011, is hereby made apart of the record March 8, 2011 WILLIAM D. SESSOMS, JR. MAYOR In Reply Refer to 0043631 City of Vir-girzia Beach March 8, 2011 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 V Bgov. com MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 385-4581 FAX(757)385-5699 wsessoms@vbgov.com Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of GEO 1, LLC/John Georghiou for a Change of Zoning from R- 10 Residential to Conditional R-7.5 (WF) Residential with Workplace Housing at 4480-4488 Indian River Road. 2. I have a personal interest in this transaction because I am an officer of TowneBank, which is located at 297 Constitution Drive in Virginia Beach. The applicant has advised that TowneBank will provide financing for this project. 3. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. V yo 4q 6- s Op OUR z� e� ,S NAk" WILLIAM D. SESSOMS, JR. MAYOR In Reply Refer to 0043631 City of Vir-girzia Beach March 8, 2011 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 V Bgov. com MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 385-4581 FAX(757)385-5699 wsessoms@vbgov.com Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of GEO 1, LLC/John Georghiou for a Change of Zoning from R- 10 Residential to Conditional R-7.5 (WF) Residential with Workplace Housing at 4480-4488 Indian River Road. 2. I have a personal interest in this transaction because I am an officer of TowneBank, which is located at 297 Constitution Drive in Virginia Beach. The applicant has advised that TowneBank will provide financing for this project. 3. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Mrs. Ruth Hodges Fraser -2- Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E) Thank you for your assistance and cooperation in this matter. Sincerely, William D. Sessoms Mayor fi�7.Y/C :1 March 8, 2011 IA-B CITY OF VIRGINIA BEACH c INTER -OFFICE CORRESPONDENCE • � - u x N �s Op OUR NPS10 S In Reply Refer To Our File No. DF -7742 TO: Mark D. Stiles FROM: B. Kay Wilson DATE: February 23, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Geo I, L.L.C. The above -referenced conditional zoning application is scheduled to be heard by the City Council on March 8, 2011. 1 have reviewed the subject proffer agreement, dated July 23, 2010 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure / cc: Kathleen Hassen✓ PROFFERED COVENANTS, RESTRICTIONS, AND CONDITIONS THIS AGREEMENT, made this 23rd day of July, 2010, between GEO I, LLC, a Virginia Limited Liability Company, for indexing purposes GRANTOR, GEORGE W. KELLER and KATE W. KELLER, husband and wife, DONALD K. PILAND and BOOTSIE LORAINE TERRY, n/k/a BOOTSIE L. HERDER, (the three parties constituting the "Owners"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, (the "City"), for indexing purposes GRANTEE. WITNESSETH: WHEREAS, the Owners are seized in fee simple of 9.4350 acres of land, more or less (the "Property"), located in the City of Virginia Beach, Virginia, and described in those certain deeds and/or plats recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, by Instrument #(s) 20061108001694810; Deed Book 3952, Page 914; Deed Book 927, Page 554; and Map Book 147, Page 33 to which reference is made for a more particular description, and as shown on Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the Owners have initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by application addressed to the Grantee so as to change the Zoning Classification of the Property from R10 to Conditional R7.5 (WF) with Workforce Housing Overlay; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN(S): 1474-25-4827-0000, a portion of Return to: �.. 1474-25-6755-0000, 1474-25-2700-0000 Beverly K Wilson Prepared by: Grey & Arsenault, P. C, 412 Oakmears Crescent, Suite 101, Virginia Beach, Virginia 23462 Associate City Attorney XIS� Office of the City Attorney Municipal Center — Building 1f j 2401 Courthouse Drive owners inm A !� Virginia Beach, Virginia 2345 WHEREAS, the Owners acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to pernlit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Owners' proposed rezoning, certain. reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Owners' rezoning application gives rise; and WHEREAS, the Owners have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the property, the following reasonable conditions related to the physical development, operation, and. use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Owners, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Owners, their successors, personal representatives, assigns, grantees, and other �P,4 successors in interest or title: Proffer Agreement 2 t.W'f owners initials I . When the Property is developed, it shall be developed substantially as shown on the exhibits entitled "Exhibit 1 for Riverlake, prepared by Porterfield Design Center, and Exhibit 1A for Riverlake," prepared by Site Improvement Associates, Inc., each dated July 14, 2010, which is on file with the Virginia Beach Department of Planning, (hereinafter "Site Plan"), and has been exhibited to the Virginia Beach City Council. 2. The number of lots within the Conditional R7.5 (WF) zoning classification will be forty-two (42) with setback lines of fifteen -feet (15') along the front of the lots for the principal structure; ten -feet (10') along the front of the lots for porches, stoops, balconies, and the like; ten -feet (10') along the rear of the lots for the principal structure and for porches, stoops, balconies, and the like; ten -feet (10') along Future Indian River Road five -feet (5'Lalong the sides of the lots for the principal structure; three -feet (3') along the sides of the lots for accessory structures, porches, stoops, balconies, and the like as shown specified on the Site Plan. 3. The Owners agree to designate seven (7) of the lots within the Conditional R7.5 (WF) zoning classification as "Workforce Housing" as defined in Section 2100, et. seq. and those guidelines and standards established there from, and that such "Workforce Housing" lots will be distributed throughout the lots designated as Lots 1 — 39. on the Site Plan. 4. The housing units that will be constructed within this subdivision will be in substantial conformance with the drawings and renderings prepared by Martin & Martin Architecture, designated as 3 -BR Type A, A.1; 3 -BR Type B, B.1; 4 -BR -Type A, A.1; and 4 -BR Type B, B.1 and included as part of the Conditional Rezoning application on file in the Virginia' Beach Planning Department and have been exhibited to the Virginia Beach City Council. 5. The Owners agree to dedicate 20,021 square feet (0.46 acres) to the City of Virginia Beach, as shown on the site plans, for the purposes of a public park. CFa�� All references hereinabove to the R10 and R7.5 (WF) Zoning Districts as well as 9 Proffer Agreement 3 owners OEM � Section 2100, et. seq., and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and the Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by the City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Owners and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Virginia Beach, Virginia Circuit Court Clerk's Office, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instnunent is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended, Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument. shall be void. The Owners covenant and agree that: 1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with. such pcondition9,ikedied; '1 Proffer Agreement 4 G t- b� owners initials G.. and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Owners shall petition the governing body for the review thereof prior to instituting proceeding in court; and 4. The Zoning Map may show by an appropriate symbol on the snap the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Virginia Beach, Virginia Circuit Court Clerk's Office, and indexed in the names of the Owners and the Grantee. Proffer Agreement �144/xj W, 5 owners initials IN WITNESS WHEREOF, GEO I, LLC a Virginia limited liability company, has caused its name to be hereunto signed by John S. Georghiou, Managing Member. GEO I, LLC, Owner By: ohn S. �a,,zGeorgMem r OWNER ACKNOWLEDGMENT STATE OF VIRGINIA CITY/COUNTY OF VIRGINIA BEACH, to wit: I, Notary Public in and for the City and State aforesaid, do hereby certify that —JoKi S. Georghiou, Managing Member of GEO I, LLC, Owner, whose name as such is signed to the foregoing Agreement, have acknowledged the same before me in my City and State aforesaid. He is personally known to me or has produced a driver's license as identification. GIVEN under my hand this r :7V day of July 2010. My Commission Expires: et yi-r % � l) --,- —3 0Uary Public 0 I-,? My Registration Number is: GAR`( P. AP RSENAULT Notary Public commonwealthlog. 98533�in�a o pity Commission EV5* Aug. 31, 2013 LX L' 1 CA i owners initials Proffer Agreement IN WITNESS WHEREOF, George W. KELLER and Kate W. KELLER, owners, have caused their names to be hereunto signed in accordance with the Contract of Purchase made March 18, 2010 by and between George W. KELLER and Kate W. KELLER, husband and wife, the owners of record of the Property sold therein, (the "Seller") and GEO I, LLC, A Virginia Limited Liability Company, (the "Purchaser"). By: George . Keller, Owner By:c�L�-'C Kate W. Keller, Owner OWNER ACKNOWLEDGMENT STATE OF VIRGINIA CITY/COUNTY OF VIRGINIA BEACH, to wit: I, a" I Einexic,K , a Notary Public in and for the City and State aforesaid, do hereby certify that George W. Keller and Kate W..Keller, owners, whose names are signed to the foregoing Agreement, have acknowledged the same before me in my City and State aforesaid. They are personally known to me or have produced a driver's license as identification. GIVEN under my hand this —WA day of July 2010. Notary Public My Commission Expires: j,,A y 2t 1 x..013 My Registration Number is: 1 q57 -)- U PUB • . •BEG #ig57`2 - o�'•. ., �� • .... • • OF �•� '' wEAL�SN '''��t117111Dite4 -)� 601.91- Proffer Agreement 7 owners mrttais IN WITNESS WHEREOF, Donald K. PILAND and Bootsie Loraine TERRY, n/k/a Bootsie L. Herder, owners, have caused their names to be hereunto signed in accordance with the Contract of Purchase made February 22, 2010 by and between Donald K. PILAND and Bootsie Loraine TERRY. n/k/a/ Bootsie. L. HERDER, the owners of record of the Property sold therein, (the "Seller") and GEO I, LLC, A Virginia Limited Liability Companv. (the "Purchaser"). By: lJ Donald K. Piland, Owner Bootsie Loraine Terry, n/k/a Bootsie L. Herder, by Donald K. Piland her Attomey-in-Fact OWNER ACKNOWLEDGMENT STATE OF VIRGINIA CITY/COUNTY OF VIRGINIA BEACH, to wit: I,Gve, ZIQ,5�ckloell7a' Notary Public in and for the City and State aforesaid, do hereby certify thald K. Piland, individually, and Donald K. Piland, as Attorney -in -Fact on behalf of Bootsie Loraine Terry, n/k/a Bootsie L. Herder, owners, whose names are signed to the foregoing Agreement, have acknowledged the same before me in my City and State aforesaid. They are personally known to me or have produced a driver's license as identification. GIVEN under my hand this -� � day of July 2010. �9u y�l,r -7L My Commission Expires: J My Registration Number is: ,�, G 7 G VG)AkR—YR AkS'ENAULT Notary Public MMOrlWL o1 Virginia Reg.9853mis Aug. 31, 2013 Proffer Agreement otary Public �W/ 1 8 owners initials EXHIBIT A BEGINNING AT A POINT ON EASTERN SIDE OF INDIAN RIVER ROAD AT NORTHERN LINE OF PROPERTY OWNED BY GEORGE W. AND KATE W. KELLER; THENCE ALONG EAST SIDE OF INDIAN RIVER ROAD ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1570.00' FOR A DISTANCE OF 51.31' TO A POINT IN SOUTHERN LINE OF PROPERTY OWNED BY DONALD K. PILAND AND BOOTSIE LORAINE TERRY; THENCE ALONG SAID PROPERTY N 50°25'21" E - 368.22' TO A POINT; THENCE CONTINUING ALONG SAID PROPERTY N 36°41'25" W - 162.44' TO A POINT IN SOUTHERN LINE OF SUBDIVISION OF "GLENWOOD"; THENCE ALONG SAID SUBDIVISION THE FOLLOWING COURSES AND DISTANCES - N 50039'55" E - 530.77' TO A POINT; THENCE N 50°29'55" E- 301.08 TO A POINT; THENCE N 52010'21" E - 166.80' TO A POINT; THENCE S 36°05' 16" E - 204.78' TO A POINT IN NORTHERN LINE OF PROPERTY OWNED BY GEORGE W. AND KATE W. KELLER; THENCE ALONG SAID PROPERTY S 50°25'01" W - 1351.00' TO A POINT ON EASTERN SIDE OF INDIAN RIVER ROAD, SAID POINT OF BEGINNING. THIS PARCEL CONTAINS 5.2252 ACRES- GPIN 1474-25-4827-0000. BEGINNING AT A POINT ON EASTERN SIDE OF INDIAN RIVER ROAD AT NORTHERN LINE OF PROPERTY OWNED BY GEO 1, LLC; THENCE ALONG EASTERN SIDE OF INDIAN RIVER ROAD S 50025'01" W - 30.66' TO A POINT ON EASTERN SIDE OF INDIAN RIVER ROAD; THENCE CONTINUING ALONG SAID ROAD ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1600.00' FOR A DISTANCE OF 162.67' TO A POINT IN SOUTHERN LINE OF SUBDIVISION OF "GLENWOOD"; THENCE ALONG SAID SUBDIVISION N50°08'57" E - 382.91' TO A POINT; THENCE CONTINUING ALONG SAID SUBDIVISION N50°39'55" E - 49.23' TO A POINT IN LINE OF PROPERTY OWNED BY GEO 1, LLC; THENCE ALONG SAID PROPERTY S 36°41'25" E - 162.44' TO A POINT; THENCE CONTINUING ALONG SAID PROPERTY S 50°25'01" W - 368.22' TO A POINT IN EASTERN LINE OF INDIAN RIVER ROAD, SAID POINT OF BEGINNING. THIS PARCEL CONTAINS 1.5472 ACRES. GPIN 1474-25-2700-0000. BEGINNING AT A POINT ON EASTERN SIDE OF INDIAN RIVER ROAD AT NORTHERN LINE OF PROPERTY OWNED BY CURTISS W. MULLENS AND DOROTHY M. LANGHALS; THENCE ALONG EASTERN SIDE OF INDIAN RIVER ROAD ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1600.00' FOR A DISTANCE OF 1.11.62'; THENCE CONTINUING ALONG SAID ROAD N 50025'01" E - 30.89' TO PROPERTY OF GEO 1, LLC; THENCE ALONG SAID PROPERTY N 50°25'01" E - 638.58' TO A POINT; THENCE S 39051'59" E - 260.97' TO A POINT IN NORTHERN LINE OF PROPERTY OWNED BY ROBERT M. HAMMOND DECLARATION OF TRUST; THENCE ALONG SAID PROPERTY S 50°51' 14" W - 306.90' TO A POINT IN EASTERN PROPERTY LINE OF PROPERTY OWNED BY CURTISS W. MULLENS AND DOROTHY M. LANGHALS; THENCE ALONG SAID PROPERTY N 36002'02" W - 153.99'; THENCE CONTINUING ALONG SAID PROPERTY S 49059'30" W - 343.38' TO A POINT ON EASTERN SIDE OF INDIAN RIVER ROAD, SAID POINT OF BEGINNING. THIS PARCEL CONTAINS 2.6826 ACRES. pkP/(3L1 PORTION OF GPIN 1474-25-6755-0000. 4EC :i (-LC- 9 Proffer Agreement s initials -74 - Item 74 - Item L.1 APPOINTMENTS ITEM # 60725 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ENER G Y AD VISOR Y COMMITTEE HUMAN RIGHTS COMMISSION March 8, 2011 - 75- Item 5- Item L2. APPOINTMENTS ITEM # 60726 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Scott Seery 2 Years 3/8/11-12/31/12 LOCAL FINANCE BOARD Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill " DeSteph March 8, 2011 -76 - Item 76 - Item L3. APPOINTMENTS ITEM # 60 72 7 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Bobby Melatti, Chamber of Commerce Representative No Term RESORT ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph March 8, 2011 - 77- Item 7- Item L4. APPOINTMENTS ITEM # 60 72 7 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Shawn K. Brown Unexpired thru 613/0/13 TIDEWATER YOUTH SERVICES COMMISSION Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph March 8, 2011 Items O. ADJOURNMENT -78 - Items 78 - ITEM # 60729 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:09 P.M. 4 -----��_____y✓_°°% Beverly O. Hooks, CMC Chief Deputy City Clerk - - -- -- -- u t h Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia - �1100/ -------------- William D. Sessoms, Jr. Mayor OPEN DIALOGUE ADJOURNED AT 6:58 P.M. March 8, 2011 - 79 - PUBLIC DIALOGUE WHITEHURST B UFFING TON HO USE FOUNDATION June Klag, 1541 Gum Bridge Road, Phone: 426-3836, works with Senior Resource Center History Group, advocating for Whitehurst Buffington Foundation to lease, restore and operate the Whitehurst Buffington House and property not to be sold or utilized for commercial purposes. The house should be preserved as a national, educational and historic site, accessible to the public. John P. Matson, 217 72"`' Street, Phone: 651-2377, volunteer with the Whitehurst Buffington House Foundation heard misconceptions re the Foundation and a potential commercial use for this property. He wished to correct this misinformation. Mr. Matson has met the owner who has the concept of a "winery". However, it is a wine retailer (not a winery). When a business sells wine in the same season as it plants the vines it is not a "Winery". A February 6, 2011, news article in the Beacon indicated a state and federal tax credit may be available, if a commercial developer purchases it. A non-profit can utilize the partnership with taxpayers who can utilize the credits contributing 70 to 80 cents per $1.00 tax credit as equityfor the non-profit. The same article indicated the Whitehurst Buffington House Foundation wants the residence to become a historic house or museum. The Virginia Museum of National History and the Boy Scouts are also prepared to partner with the Foundation. Al Henley, 3112 Colchester Road, Phone: 426-6991, life-long resident. Virginia Beach has a great opportunity to save a wonderful piece of history, once located in Princess Anne County. So many historical dwellings have been destroyed in the name of progress. Virginia Beach has a number of beautiful historical homes and if it were not for dedicated individuals, these would be but a memory. There is interest in the preservation of the Whitehurst Buffington House by many individuals who were unable to attend this meeting of City Council to explain their concerns. COSMETOLOGY Frank J. Huerta, 3100 Shore Drive, Phone: 496-1155, hair dresser for fif y-ftve years, has worked at Westminster -Canterbury's Salon for twenty-nine (29) years. Mr. Huerta was partially responsible for having a State Board in Virginia, as he worked with the Association to obtain regulations. Virginia was the last State to acquire a State Board Examination. The City Council has adopted an Ordinance which the Health Department requires a separate license be obtained for manicures in a hair salon. His salon is for cosmetology and nails are covered under this definition. March 8, 2011