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Home My WebLink AboutJANUARY 24, 2012 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SFSSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District a GLENN R. DAVIS, Rase Hall - District 3 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBF,RT M. DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne -District 7 JOHN D.MOSS, At -Large JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER _JAMES K. SPORE, CITY A7"TORNEY-MARK D. STILES CITY COUNCIL AGENDA CITY ASSESSOR - JE,RALDD. BANAGAN CITYAUDITOR-LYNDONS. RLMIAS 24 January 2012 CT TY CLERK - R (T7 H HODGES FRASL,, R, MMC I. CITY MANAGER'S BRIEFINGS - Conference Room - CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (75 7) 385-5669 E-MAIL: Ctycncl@vbgov.com A. SUSTAINABILITY PLAN Clay Bernick, Environment and Sustainability Administrator - Planning Walt Cole, Planning Director, Clark Nexsen B. LIFEGUARD SERVICES CONTRACT 1. Request for Proposal Results, Analysis and Recommendation Bill Davis, Purchasing Agent (10 minutes) 2. Virginia Beach Lifesaving Services Proposal Kent Hinnant, Chief — Virginia Beach Lifesaving Service (10 minutes) 3. Virginia Beach Emergency Medical Services Proposal (10 minutes) Bruce Edwards, Chief — EMS C. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director — Finance D. PENDING PLANNING ITEMS Jack Whitney, Director II. CITY COUNCIL A. BUDGET DIRECTION B. CITY COUNCIL COMMENTS C. CITY COUNCIL AGENDA REVIEW III. INFORMAL SESSION Conference Room A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 3:00 PM 5:00 PM IV. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Dr. Stanley Sawyer, Rector All Saints Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA H. MAYOR'S PRESENTATIONS 1. RESOLUTION OF RECOGNITION Captain James D. Webb, USN 2. RESOLUTION IN TRIBUTE Judy Connors 3. ACCREDITED ECONOMIC DEVELOPMENT ORGANIZATION AWARD Warren Harris, Director — Economic Development I. CONSENT AGENDA J. PUBLIC HEARINGS 1. LEASE OF CITY -OWNED PROPERTY — Rosemont Commerce Center Sentara Way and Avenue A January 10, 2012 K. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND§ § 16-44,16-45, 16-47, 16-48, 16-49, 16-51 and 16-54 of the City Code re the Workforce Housing Program (Deferred January 10, 2012) 2. Ordinance to AMEND §35-35 of the City Code re equalization of assessments 3. Resolution in SUPPORT of proposed General Assembly Amendments to the Constitution of Virginia re Eminent Domain 4. Ordinance to DESIGNATE TAX EXEMPT Personal Property Taxes in behalf of PIN Ministry 5. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with Rosemont Interstate Center for City -owned property at Sentara Way and Avenue A (DISTRICT 3 — ROSE HALL) 6. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE an Agreement with the Virginia Department of Agriculture and Consumer Services re additional funding for the Agriculture Reserve Program (ARP) 7. Ordinance to EXECUTE a Memorandum of Understanding (MOU) with the Virginia Beach Police Foundation re the "Law Enforcement Memorial" to be constructed at 35th Street and the Boardwalk 8. Ordinance re MODIFICATION of a $75,000 interest-free loan to the Chesapeake Beach Volunteer Fire and Rescue Squad to extend dates of repayment 9. Resolution to REQUEST funding from the Commonwealth Transportation Board re an extension to Progress Lane and the City Manager to execute all necessary agreements 10. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned rights-of- way, re repair and replacement of bulkheads, anchor piles, return walls, landing platforms, etc. damaged by "Hurricane Irene" on Ocean View Avenue at Chesapeake Beach: (DISTRICT 4 — BAYSIDE) a. ROGER T. and ELIZABETH K. GREGORY TRUSTEES OF ROGER T. and ELIZABETH K. GREGORY at the rear of 5008 Lauderdale Avenue b. KELSEY S. and JEAN STEWART at the rear of 5014 Lauderdale Avenue c. CHARLES O. STAINBACK at the rear of 5016 Lauderdale Avenue d. ELIZABETH STUART SCHULLER at the rear of 5022 Lauderdale Avenue e. ANDREW M. FISCHER at the rear of 5026 Lauderdale Avenue f. GEORGE E. and JANET GONZALEZ at the rear of 5030 Lauderdale Avenue g. SARAH L. HOUCK at the rear of 5032 Lauderdale Avenue h. LORRAINE WINCOR, EDWARD REICHBACH and ROBERT RAYLOVE at the rear of 5036 Lauderdale Avenue i. DESMOND C. and PATRICIA S. COOK at the rear of 5038 Lauderdale Avenue 11. Resolutions to REQUEST the Virginia Department of Transportation (VDOT) ACCEPT: a. Additional streets re Urban Maintenance b. Corrections to the Road Inventory re Urban Maintenance 12. Ordinances to ACCEPT and APPROPRIATE Grant funds: a. $11,525,844 in FY 2010-11 School Reversion Funding to the School Reserve Special Revenue Fund b. A $54,840 Rescue Squad Assistance from the Virginia Department of Health to purchase Lifepak15 defibrillators and medical equipment c. $56,520 for the Department of Economic Development from Smart Beginnings South Hampton Roads to administer the Early Learning Challenge grant initiative 13. Ordinance to TRANSFER funds to the Department of Emergency Medical Services (EMS) and AUTHORIZE full-time positions re in-house lifesaving services at the Resort Area Beaches L. PLANNING Application of LA PAZ, LLC, C/O CHRIS WOOD re a Nonconforming Use to renovate and ADD to the existing structure at 2256 Calvert Street (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION APPROVAL 2. Application of CS2 ACQUISITION, LLC for a Variance to §4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 4800 Dolton Drive (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION APPROVAL 3. Application of BUDDHIST EDUCATION CENTER OF AMERICA DONG HUNG TEMPLE, INC. for a Modification of a Conditional Use Permit re plan and building elevations (approved April 2, 2011) for a religious use at 423 Davis Street (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION 4. Application of MCQ BUILDERS, LLC and KROLL ENTERPRISES, II, LLC, for a Modification of Proffers No. 3 and 4 (approved November 25, 2008) at Dam Neck Road and Southcross Drive (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION APPROVAL 5. Ordinance to AMEND §§ 2100 and 2102 of the City Zoning Ordinance (CZO) pertaining to the purpose and intent of Article 21 (Workforce Housing) re definitions and eligibility requirements (Deferred January 10, 2012) M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS COMMUNITY MEDICAL ADVISORY COMMITTEE COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS and RECREATION COMMISSION PLANNING COMMISSION SOCIAL SERVICES BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 2012 CITY HOLIDAYS Monday, May 28 Wednesday, July 4 Monday, September 3 Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 -I - VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 24, 2012 Mayor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFING, re the SUSTAINABILTY PLAN in the City Council Conference Room, at 3:00 P.M. Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 24, 2012 -2 - CI T YMANAGER'SBR IE FING SUSTAINABILITY PLAN 3:00 P.M. ITEM # 61561 City Manager, James Spore introduced Clay Bernick, Environment and Sustainability Administrator, Planning, and advised the Council has been briefed on this issue in the past. Mr. Bernick advised that he is there to provide an update on where they are on the Plan process, what they have been hearing and learning from the community and to provide a snapshot of where they intend to go over the next few months. Sustainability means a lot of things to different people. For the City's Plan, the definition we are using is those policies and strategies that help meet our present needs without compromising the ability offuture generations meeting their own needs. January 24, 2012 -3 - CI T YMANAGER'SB R IE FING SUSTAINABILITY PLAN ITEM # 61561 (Continued) The Plan is coming together in concept around three basis areas: Fiscal/Economic, Environmental and Societal. Virginia Beach is way out of in front of other cities in the Country as we have a lot ofplans andpolicies that have been put into place that cast a vision into the future and are linked in a lot of ways to the concepts of looking ahead. As we put together a Sustainability Plan, the goal is not to reinvent anything; we take what we have and build upon it and make sure that existing plans and policies are going forward in alignment and that we provide ample opportunity for community and business input so that we can put together a strategy that makes most sense for the most citizens in Virginia Beach. January 24, 2012 -4 - CI T YMANAGER'SB R IE FIN G SUSTAINABILITY PLAN ITEM # 61561 (Continued) Mr. Bernick introduced Walt Cole, Planning Director, Clark Nexsen, to discuss the Plan Process. Mr. Cole advised he is a Licensed Landscape Architect and stated that he has been fortunate to be a part of this Team in terms of putting this together. Mr. Cole advised that in October there Eight (8) Community Meetings and they have also met with the Steering Committee. PAiif 1-DKLDVERV&ANALVSK N aRcri,oMmp nuPmt $ Mce ings '.. and Public P rocess 0000 0 O O Synthes Commend C d '. Y.ickoF YA.rt1+ January 24, 2012 sm CI T YMANAGER'SB R IE FING SUSTAINABILITYPLAN ITEM # 61561 (Continued) The City is now in the process of developing a preliminary draft and look at how to structure this Plan. There will be a number of Focus Group meetings. The Focus Groups are built around the topics that we heard from the Citizens. In early February, we will have a Steering Committee meeting and be back before the City Council in March to present the Draft Plan. The Draft Plan will then go out for public comment with three (3) community input meetings. The goal is to have the Final Plan ready for City Council's approval in July. January 24, 2012 TT PLAN fIOCNNIENTS ` FINALDRAFT FINAL EDITS,.0 January 24, 2012 SIM CI T YMANAGER'SB R IE FIN G SUSTAINABILITYPLAN ITEM # 61561 (Continued) Mr. Bernick advised their Group briefed the Envision 2040 Group and the two need to work very closely together. The Envision 2040 Group's `planning horizon" is approximately twenty (20) years out. The Sustainability Group's planning horizon is approximately 2063, when the City turns One Hundred (100) years. January 24, 2012 - 7 - CI T YMANAGER'SB R IE FING SUSTAINABILITY PLAN ITEM # 61561 (Continued) The Group had Eight (8) Community Meetings and all of the comments from the public have been summarized and are available for the public to view on the web -site: www.vb�ov.cona/sustainplan. The Group will continue to use the internet to post the information gathered and solicit information from the public. Mr. Bernick stated that the group used a "word cloud " to illustrate the comments they heard from the public in each of the three areas. The larger and boldness of the font, represents the number of references mentioned during the public meetings. �d� attradbt�ind�tn�,W;�„a� center of excellence di ' "'Mfy,ob base �01k uiaib@y �growa9�edtwe support texistmg busmeuMp ssregirq onalism ft t9::msa1 tedkalt ng ��s January 24, 2012 CI T YMANAGER'SB R IE FING SUSTAINABILITY PLAN ITEM # 61561 (Continued) January 24, 2012 CI T YMANAGER'SB R IE FIN G SUSTAINABILITY PLAN ITEM # 61561 (Continued) The Focus Group meetings schedule is identified below: • Focus Group Meetingsz , ' ^ Social Responsibili 'January 31 Fiscal Responsibility February 1 Economic Opportunity February 6 ^� Enviroitricrital Stewardship February 7 Planning and Design February 9 g �e�onalism February 23 �ol1e ¢ruary 24 Ctt •"Steering Committee Vision & Goal Setting February, 13 The Mayor thanked Mr. Bernick. January 24, 2012 -10 - CITY MANAGER'S BRIEFING LIFEGUARD SERVICES CONTRACT 3:15 P.M. ITEM # 61562 The Mayor advised that each Presenter will be given ten (10) minutes and asked Mr. Spore to introduce the speakers. Mr. Spore provided the format and speakers: Bill Davis, Purchasing Director, will be the first speaker; Virginia Beach Lifesaving will be second and Virginia Beach EMS will be last. Lifeguard Services Procurement Process P #E -1%4S -V-12-0032 Mr. Davis provided a timeline of the process as in detail below: Process Timeline • August 11, 2011— City Council directed Staff to prepare a governmental estimate while simultaneously performing an RFP process • September 16, 2011— RFP issued • October 12, 2011- EMS estimated cost submitted in a sealed envelope to the City Auditor • October 13, 2011— RFP closed with one response, Virginia Beach Lifesaving Service, Inc. January 24, 2012 -11 - CITY MANAGER'S BRIEFING LIFEGUARD SERVICES CONTRACT ITEM # 61562 (Continued) On November 14, 2011, the City Manager, City Auditor, City Attorney, and Mr. Davis reviewed Virginia Beach Lifesaving Services pricing and opened the sealed bid from EMS. Process Timeline • All pricing was redacted from VBLS proposal for review purposes. Review committee determined VBLS to be fully qualified. • November 17, 2011— VBLS and EMS contacted to provide revised and deduct pricing for Options J (Coverage Reduction); L (Boat Patrol); S (ALS Requirement) • December 13, 2011— City Council briefed on process and cost comparison • January 10, 2012 — City Council reviewed proposals again and requests additional information and briefings from VBLS and Staff The Cost Analysis for the Virginia Beach Lifesaving Services is identified below: Cost Analysis Vendor Proposal • Final vendor price established after considering deduct options, first year cost $1,445,000; • 5 Year Cost; $7,309,636 • Proposed a$100,000 annual deduct for several exceptions that further changed the Scope of Service and were not accepted by the City Includes $500,000 Performance Bond Contract proposal includes a 2% annual escalation clause January 24, 2012 -12 - CITY MANAGER'S BRIEFING LIFEGUARD SERVICES CONTRACT ITEM # 61562 (Continued) The numbers submitted by EMS were validated by Management Services as well as the City Auditor's Office and the Cost Analysis is identified below: Cost Analysis Staff Estimate • Staff estimates validated by Management Services and City Auditor, after considering deduct options, first year cost $1,210,586 • 5 Year Cost; $5,652,226 • No annual escalation clause • For public vs. private service comparison purposes, major cost factors applicable to a private vendor were added to the Staff estimate: — 2% annual escalation — Liability insurance — Workman's comp costs — Performance bond costs — BPOL and Personal Property Taxes Cost Analysis • The adjusted EMS cost estimate for comparison for first year cost is $1,244,180 • 5 Year Total; $6,047,169 • After business cost factors were added to the Staff estimate, there remains a $1.2M or 17% variance over the life of the contract January 24, 2012 -13 - CITY MANAGER'S BRIEFING LIFEGUARD SERVICES CONTRACT ITEM # 61562 (Continued) Kent Hinnant, Chief — Virginia Beach Lifesaving Services (VBLS), and Deputy Chief, Tom Gill made their presentation today. Deputy Chief Gill thanked everyone for having him there today. He is a proud life member of the Virginia Beach Volunteer Rescue Squad. VBLS has been in continuous operation since 1930. VBLS has been a leader over these eighty-three (83) years in innovations for lifesaving on the Oceanfront. The company was hiring women and minorities before they were supposed to be. The company put radios on every stand before it was a requirement of the contract and initiated the USLA Standards as well as the standards for Lifeguard Training. VBLS is a proactive public safety service by preventing incidents and drowning at the Oceanfront. VBLS Continuous service to Virginia Beach since 1930 Certified SWAM Vendor Equal Opportunity Employer History of Leading Innovations Proactive Public Safety Service January 24, 2012 -14- CITYMANAGER'S BRIEFING LIFEGUARD SERVICES CONTRACT ITEM # 61562 (Continued) This is an example of the beach during the July 4`h weekend. Virginia Beach has approximately Three - Million visitors each Summer and utilizes the City's greatest resource, "our great beach". The VBLS Statistics from 2004-2011 are identified below: 2004 — 2011 Statistics 3927 Rescued 734 Medical Emergencies 8005 Lost Children Reunited with Guardians 7500 Recipients of Public Education including Students, Athletes, Campers, Corporate Employees, Service4 Members January 24, 2012 MAIM CITY MANAGER'S BRIEFING LIFEGUARD SERVICES CONTRACT ITEM # 61562 (Continued) Approximately One -Million Dollars of economic impact were brought to the City during the 2005 USLA National Championships. VBLS Since 2004 Continued USLA National Drowning Prevention Award (2010) USLA National Lifesaving Award (x2) 2010 Audit By City of Virginia Beach EMS Agency License (Renewed thru 2013) USLA Certified Agency (Renewed thru 2012) Host, 2005 USLA National Championships Host, 2004,^2007, 2010 Regional Championships 2008& 2010 South Atlantic Region Champions The current VBLS Corps is identified below: VBLS Corps Supervisors f 425 Combined Years of Beach Guarding Experience 90 % Current or former members of Fire or Rescue Service 33% ALS Certified' Guards 95% From South Hampton Roads 10% EMT Qualified 70% Retention Rate per summer January 24, 2012 -16- CITYMANAGER'S BRIEFING LIFEGUARD SERVICES CONTRACT ITEM # 61562 (Continued) VBLS has a few concerns regarding the RFP. First, operations manager qualifications removed any type of beach guarding experience. VBLS understands their Number One Mission is to take care of the people in the water. Requiring supervisors to leave the beach to handle other areas, people are taken off of the beach away from the support of the lifeguards and this leaves a lot to be desired. Finally, the RFP reverts back to 2004 and disregards safe beach adjustments that have been made over the years in conjunction with the EMS Liaison to shift manpower and staffing. RFP: Concerns Operations Manager Qualifications Requires Non=Lifeguard Responsibilities Reverts back to 2004 — disregards safe beach adjustments VBLS has a number of innovations in the RFP that are identified below: VBLS Innovations Guards in stands -May thru Neptune Festival Weekends Manpower adjustments to recognize dangerous hours Staggered Staffing to Include Daily Training AM & PM Supervisor Response Teams / Patrol [Recognizes VB Budgetary limitations], January 24, 2012 -17- CITYMANAGER'S BRIEFING LIFEGUARD SERVICES CONTRACT ITEM # 61562 (Continued) VBLS brings a tremendous amount of additional value are identified below: Additional Value National &International Competitions Assistance with Fundraising Events Junior Guard Program National Media Exposure VBLS received the EMS proposal late Friday night and from the experience of VBLS, the RFP seems to be missing some key items: EMS Proposal s Missing Hours f r. Inadequate, Training Time by 709/o Proposal calls for 25% fewer guards Guard and Supervisor Relief hours insufficient Lack of Equipment Two ATVs for Resort?, Missing Expenses Start —up Costs - $187,000 Identified, Annual — Headquarters, Admin, Accounting, Fuel, Maintenance, adequate workmen's compensation, taxes, etc. January 24, 2012 IVfm CITY MANAGER'S BRIEFING LIFEGUARD SERVICES CONTRACT ITEM # 61562 (Continued) The City of Virginia Beach is ahead of the curve in Beach Safety as evidenced below: Comparable Beaches Ocean City Memorial Day Saturday 10:00am-5i30pm _, FY 2011-2012 Thru Last Weekend in $2,284,791 - Sept. `' (Hire 200+ Guards per Year) Duck, NC Memorial Day Thru 30:00am — 6:00pm 2012 - $269,000 Labor Day (Patrol May (6 Stands Staffed Daily) thru October) Virginia Beach 1st Saturday in May thru 10:00am—7:00pm" 2012 - $1,345,000; Neptune Festival 9:30am=7:00pm'• 2013,-$1,295,000 Weekend Response Team staffed 2 (230 Guards and , hours prior and 1 Hour Supervisors / 50 Stands after guards on duty. J worked in 2011.) Wrightsville Memorial Day thru Labor 10:00am — 5:00pm 2011 Budget - $320,604 Beach Day (28 Seasonal Guards) North Myrtle May thru September 9:30am — 5:30pm 2012 Budget - $505,000 Beach (80 — 90 Guards hired) -Support VirginiaBeachHotel Motel Association Shadowlawn Civic League Shadowlawn Surf Club Virginian Pilot Editorial Board Virginian Pilot Poll -774% in favor of Private Service January 24, 2012 -19 - CITY MANAGER'S BRIEFING LIFEGUARD SERVICES CONTRACT ITEM # 61562 (Continued) Bruce Edwards, Chief - EMS, introduced Ed Brazle, Division Chief. Mr. Brazle stated that the capability, skill and dedication of VBLS is unquestioned. They have served this community well for many years. Each time the RFP is renewed, the City, prepares an estimate for budgeting and planning purposes. Mr. Brazle advised that "apples to apples" comparison between a government and private entity is problematic. The RFP requires that we define capability and skill, EMS identifies the same below: Virginia Beach EMS Experience • Public safety leader for more than 38 years • Responded to nearly 39,000 emergency calls in 2011 • Operated a marine rescue team for more than 30 years • Oceanfront lifeguard contract administrator for more than 20 years • USLA certified Virginia Beach EMS Experience • Staffed lifeguard stands with supplemental patrols 6 pm to dusk on the Resort Beach for two summers • Provided off-season lifeguard patrols on warm weather days • Provided lifeguard services in Sandbridge Area 2010 and 2011 seasons (14 stands and 3 patrol vehicles) January 24, 2012 IWZIA CITY MANAGER'S BRIEFING LIFEGUARD SERVICES CONTRACT ITEM # 61562 (Continued) Mr. Brazle advised that EMS has the capability and skill identified below: Virginia Beach EMS Capability and Skill • Full-time management and support staff • Field operations 24 hrs/day • Professional training staff • Access to multiple EMS and City facilities in the Oceanfront Area for operations and logistics • Proven track record of cost efficient operations Virginia Beach EMS Capability and Skill • Existing equipment utilized wherever possible to maximize efficiency and reduce cost • Fully integrated with City's Emergency Response System (police, fire, E911, etc) • Access to myriad existing City resources for support January 24, 2012 -21 - CITY MANAGER'S BRIEFING LIFEGUARD SERVICES CONTRACT ITEM # 61562 (Continued) Virginia Beach EMS Capability and Skill • Infrastructure in place to establish program • Anticipate hiring from existing pool of lifeguards and supervisors ($11.26 and $13.51/hr respectively) • Maximum flexibility to adjust to meet evolving needs and fiscal realities • Ambulance staffing will not be reduced to support lifeguard operations EMS has enjoyed the working relationship with VBLS and their professionals for many years, but, we also feel that we have enough experience necessary and the capability and skill to put a lifeguard service on the beach and meet the evolving City's needs. Summary • City staff has significant experience managing public safety and lifeguard operations • EMS has a proven record of efficiency and ability to adjust for evolving demands • Infrastructure and resources are in place to support expansion of the current EMS lifeguard organization to deliver services at the Oceanfront January 24, 2012 -22 - CITY MANAGER'S BRIEFING LIFEGUARD SERVICES CONTRACT ITEM # 61562 (Continued) Questions? The City Council expressed the following concerns: • Lack of bidders responding to RFP • Performance Evaluation • Number of Guards • Number of Man Hours • Succession Planning of VBLS • Number of Training Hours • Maintenance of Vehicles • Start-up Costs • Location and Storage Facilities • Recognized Cost Savings • Location to Muster January 24, 2012 -23 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT 4:40 P.M. ITEM # 61563 Patricia Phillips, Director of Finance, advised unaudited information was provided to Members of City Council in last Friday's package. Mrs. Phillips recognized the City's Comptroller, Don Barnett, and Aaron McCoy, Senior Accountant, whose offices prepare these Statements. Today, the General Fund is the focus and this is six (6) months of information. Overview 6 Months FYI General Fund Revenues FYI General Fund Expenditures Next Steps January 24, 2012 9•I! CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 61563 (Continued) The General Fund has a Revenue for the Fiscal Year 2012 of $951.6 -Million and an Expenditure budget of $993.6- Million. The Revenues are $406.9 -Million and Expenditures are $525.8 -Million thru December 31, 2011. "FY 2012 General Fund Revenues and Expenditures Compared to Budget Thru December 31, 2011 (in millions) Compared to Historic Trend at December 31, 2011 100.0% - 200% Annunl YTD Bud- t Actual ynr Reme a 74.6% ANNUAL BUDGET= $951.6M 60% Local(80.6,% ofbudget) $ 767.5 $ 338.0 $ (429.5) State (17.1% o f budget) 162.3 57.9 (104.4) Federal ( 2.3%ofbudget) 21.8 FLO (10.8) 'Fotal Revenues S 951.6 S 4(16.9 S (544.7) Expenditures/Encumbrances 0% Sul Aug Sep Oct Nov Dec Zan Feb Mar Apr May Sun .... bmf hand -4-12 Neu P,dgel City Operations $ 599.9 $ 327.3 $ 272.6 City Capital Projocls 35.5 19.4 16.1 School Operations 354.1 177.0 177.1 Schools Capital Projects 4.1 2.1 2.0 Total Expenditures/Eneumbrances $ 993.6 $ 525.8 $ 467.8 Less Arnounts Funded from Fund Balance Outstanding En unibr ince at 6/30/11 $ 8.0 Approved Carryover Requests 1.4 City Capital Projeets 26.4 City Operating Budget 6.2 Adjusted Expenditures/Encumbrences $ 951.6 Revenues do not come in equally. The two year average of revenues thru December is 41.7% of the collections and the City is currently at 42.801o. The main point is the City is where it needs to be and no red flags are showing at this point. January 24, 2012 FY 2012 Year -To -Date General Fund-e�--nues Compared to Historic Trend at December 31, 2011 100.0% - 200% so% YTD ACTUAL = $406.9M 74.6% ANNUAL BUDGET= $951.6M 60% 59.7°/. C 55.8 42.8°646.0% 50.1% ° 40% 41.7 y C p, 26.890 26.0 20% 14. % R3% 13.6•/. as 1.7°:n 9.1% X 3. 0% Sul Aug Sep Oct Nov Dec Zan Feb Mar Apr May Sun .... bmf hand -4-12 Neu P,dgel January 24, 2012 IWAV CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 61563 (Continued) Significant revenues are still to be collected. FY 2012 — General Fund Revenues Still need to collect 57.2% of revenues • Total Revenue follows the trend line • Includes Tax Relief for Elderly & Disabled of $15.3M • Includes delinquents from June 2011 Q Several items are on a I - 2 month lag Business License tax (BPOL) due in March 2012 - $41.3M 2nd Real Estate installment due June 5, 2012 Local Annual Personal Property tax due June 5, 2012 - $69.8M One of the more significant revenues for the City is Real Estate and the City is at 51.4% of collections. January 24, 2012 -26 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 61563 (Continued) The City is 1.3% greater than last year at this time in collectable funds. January 24, 2012 -27 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 61563(Continued) General Sales Taxes `Y Change frorn FY11 to FY12 (compares to same month of prior year) January 24, 2012 -28 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 61563(Continued) The City continues to do well with this tax as it is 1.4% greater than last year. e " ' ` ✓' Motet Room Taxes - General Fund Portion only December 31, 2007 - 2411 $0 $5 $2 $1 $0 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 ®Actual Collections OYTO —% of Total 100% 80% c 60% 2 u d O U r H 40% C e 20% 0% !1 January 24, 2012 -29 - CITY MANA GER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 61563 (Continued) Hotel Roam Taxes 8% Allocatio (in millions) Total Hotel Room Tax FYI Budget = $24.6M The City is at 6.1 %greater than last year in collectibles. January 24, 2012 i, ®GF2% h ❑TAP1%!$1 ❑TIP 5 'jjI TAP 1%/$1 - ■SB$1 CBD TIF receives SSOOK annually Hotel Room Tax = A% plus Si room nights 2 % from GF (S222K) and TIP (S27Note: SB SSD has an additional % tax The City is at 6.1 %greater than last year in collectibles. January 24, 2012 -30- CITYMANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 61563(Continued) ti Total Restaurant Meal Taxe December 31, 2007 - 2011 --- -- $69 -- - 6.1% Up from F111 550.8 $48.1 $48.3 $48A $45 2.6%13.3%, 52.7% 51.6%.528.1525.3 $25.5 z r' $15 80% BUDGET 0% FY 41108 FY 2009 FY 2010 FY 5011 FY 2012 �Aclual Golkdiona �YTD — %of Total >Restaurant Meal Taxes 5 Allocation (in millions) Total Restaurant Meal Tax FYI Budget = $51.8M it �i7r ieio— � ®GF3.5% ■TAP0.5% 0 TIP 1.06 i ■ OS 0.44 % te. January 24, 2012 53.8°In 90% u $27.7 ao% c S X 20Y. 0% FY 41108 FY 2009 FY 2010 FY 5011 FY 2012 �Aclual Golkdiona �YTD — %of Total >Restaurant Meal Taxes 5 Allocation (in millions) Total Restaurant Meal Tax FYI Budget = $51.8M it �i7r ieio— � ®GF3.5% ■TAP0.5% 0 TIP 1.06 i ■ OS 0.44 % te. January 24, 2012 -31- CITY 31- CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 61563 (Continued) Most of the City's General Fund Revenues are right on track. * GF *i: FY 2012 Year -To -Date General Fund Expenditures Compared to Historic Trend at December 31, 2011 .IIIb..^,d 100% Summary of City's General FundlRevenues December 31, 2011 ANNUAL BUDGET = $993.6M (in millions) E 45.30.0 12.9 =c FY 2012 YFD 37.8%. 44.1% 440-1.e Budget $ % Trend - * Real Estate Taxes $ 420.8 $ 216.2 51.4 % A Personal Property Taxes 69.8 19.7 28.2 A PPTRA 53.4 6.5 12.2 A General Sales Tax 53.0 23.1 43.7 A Utility Taxes 25.5 ILO 43.0 F Teleconvnunications Taxes 20.1 6.9 34.5 U Business Licenses 41.3 1.1 2.8 U * Hotel Taxes 5-5 4.1 74.7 F * Restaurant Taxes 32.9 17.7 53.6 F Cha nes for Services 47.1 15.8 33.6 F Other Local Revenues 51.5 22.4 43.5 F * State Revenues 108.9 51.4 47.2 F * Federal Revenues 21.8 11.0 50.4 F _L951 406.9 42.8 % F * GF *i: FY 2012 Year -To -Date General Fund Expenditures Compared to Historic Trend at December 31, 2011 .IIIb..^,d 100% A YTD ACTUAL = $525.8M X4.9% 80% ANNUAL BUDGET = $993.6M E 45.30.0 12.9 37.8%. 44.1% 440-1.e e S` 37.7^,0 28.6' o 28 _S 111 20% It.l% 19.1"0 9.9 0% Jul Au1; $ep Oct N- Dec .Inn Feb Mar Apr May Jun -*�F: rAturei�eM �F. hot FY 12FyB ftd January 24, 2012 -32 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 61563 (Continued) - General Fund FY 2012 Expenditures • Total at December 31, 2011: • $525.8M, or 52.9%, of $993.6M Budget • Summary of Actual Expenditures Under Budget at June 30: (in millions); . Total °fo of Total City oJo of City Schools Budget ` Budget 2008 (Actual) $55.5 5.1" o $20.2 2.8% $35.3 2009 (Actual) $39.6 3.5% $24.7 3.2% $14.9 2010 (Actual) $45.3 4.1% $27.6 3.69-u $17.7 2011 (Actual) $32.1 3.1"0 $22.4 3.2(% $9.7 January 24, 2012 f 2012 YTD Genera[ Fund Revenues & Expenditures Compared to Historic Trend At December 31, 2012 100% ACTUAL REVENUES = $406.9M 80% 76.1 "'"� ACTUAL EXPENDITURES= $525.8M 7+'e"" y 60% W scam o 42.8% a4.v% 46.0%.40% 41.7% 28 t% 26.8• 16.11°.0 8.fi"o 4 8.3• 1.7%99% 0% Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May ]un T.d -i-%of 12Revnudgd M-EapeMilure Teud �K�%oftYl3 Exp Eudga .J - General Fund FY 2012 Expenditures • Total at December 31, 2011: • $525.8M, or 52.9%, of $993.6M Budget • Summary of Actual Expenditures Under Budget at June 30: (in millions); . Total °fo of Total City oJo of City Schools Budget ` Budget 2008 (Actual) $55.5 5.1" o $20.2 2.8% $35.3 2009 (Actual) $39.6 3.5% $24.7 3.2% $14.9 2010 (Actual) $45.3 4.1% $27.6 3.69-u $17.7 2011 (Actual) $32.1 3.1"0 $22.4 3.2(% $9.7 January 24, 2012 -33 - CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 61563 (Continued) Ms. Phillips will provide an update on February 28, 2012. The FY2012-2013 Budget will be presented to the City Council on March 27, 2012. Next Steps Continue to monitor revenues in FYI Real Estate — June due date • Business License— March due date + Personal Property — April/May info, June due date January Interim — February 28t' Proposed FYI Budget presented —March 27t1 January 24, 2012 -34 - CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS 4:54 P.M. ITEM # 61564 City Manager, James Spore introduced Karen Lasley, Current Planning and Zoning Administrator. January 24, 2012 -35- CITYMANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM # 61564 (Continued) Ms. Lasley advised the following items are scheduled to be heard by City Council on February 14, 2012: KEITH and CHERI CARL Planning Commission Recommendation: Approval YMCA OF SOUTH HAMPTON ROADS Planning Commission Recommendation: Approval ASHVILLE PARK, LLC Planning Commission Recommendation: Approval GREYHOUND LINES, INC. Planning Commission Recommendation: Approval CITY OF VIRGINIA BEACH — COMPREHENSIVE PLANAMENDMENTS Planning Commission Recommendation: Approval January 24, 2012 -36 - CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM # 61564 (Continued) SAYSIDE g'o.��a,��.�,�o� � � 3ukJtvision Variance SD�Shore Duro Overlay Q January 24, 2012 Relevant Information • This item was deferred by City Council at the December 13, 2011 Meeting. • In 1991, the applicants obtained a building permit to make additions and alterations to an existing structure on the site for the purpose of a having a pool house. • In 1996 (according to the applicants), a propane stove was added to the pool house, which had the affect of changing use from `accessory' to `dwelling unit'. • The applicant now desires to divide the existing lot into two parcels — one for the main house and one for the former pool house. • Neither of the two lots will meet the required minimum lot width for the zoning district; thus, a Subdivision Variance is being requested. -38 - CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM # 61564 (Continued) January 24, 2012 -39- CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM # 61564 (Continued) PRINC@55 ANNE CUP i�.+r RecneGonzt racfNty January 24, 2012 Relevant Information • The applicant is requesting two actions: - Conditional Use Permit for a recreational facility; and - Modification of the Proffers of a Conditional Rezoning. • The proffers currently controlling the use of the site were intended for a specific use and site design that are not suited to the YMCA. Thus, a modification of those proffers is necessary. • The Conditional Use Permit, if approved, will permit the property to be used as a recreational facility, specifically consisting of a YMCA with a variety of recreational uses, a 25 -meter indoor pool, a 50 -meter indoor competition pool, and areas outside for day -camps and recreational activities. 5011F.�+.n rav ani }'RINCI:CS ANNE: COMMONS YMCA ��3 "'? WPI. l.ANDSCAPL+ARCIIITL0'S LAND11:R1'EYORS C( TLF.,NGINkF— -41 - CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM # 61564 (Continued) January 24, 2012 -42- CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM # 61564 (Continued) January 24, 2012 �M CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM # 61564 (Continued) >RINCESS ANNE 19 January 24, 2012 Relevant Information • Request for a Modification of the Proffers of a 2005 Conditional Rezoning for the purpose of revising the approved land use plan. • The modifications presented at the Planning Commission Hearing proposed the following: - Removal of the age restrictions for Village B; — Replacement of the Active Adult center proposed for Village B with a park -like open space area; — Reduction of minimum square feet of living area in two- story dwellings from 2,400 to 2,100. • After that Hearing, the applicant replaced Proffer 13 of the 2005 Rezoning, reducing the number of units in Villages D and E from 97 to 81. • With that change, the total number of units is reduced to 483 from the approved 499. • The number of units in Village B is the same. �ll CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM # 61564 (Continued) �}a:k 2005 APPROVED PLAN January 24, 2012 iM CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM # 61564 (Continued) PROPOSED CENTRAL GREEN FOR VILLAGE B January 24, 2012 -47 - CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM # 61564 (Continued) RT3* (ATi41OU110 Lll1CS, 1110. RT3 RT3 CUP Passenger Transportation Temrinaf 7 1 January 24, 2012 Pwamtt.v Q Relevant Information • This request was deferred on April 12, 2011 (due to inadequate posting of signs), and on May 10, 2011 (to allow for the start of construction of an interior waiting area), and on August 9, 2011, when the item was deferred to the February 14, 2012 City Council Hearing. • The applicant requests a Conditional Use Permit for a passenger transportation terminal (passenger bus three times a day). • The site is occupied by a convenience store and 8 fueling stations. Tickets are purchased either online or at the store. Passengers are dropped off at the site and wait on site. i CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM # 61564 (Continued) I �UGIMA 3ECGi BLJL..�M.� January 24, 2012 Evaluation and Recommendation • Planning Staff recommended approval with conditions. • Planning Commission recommended approval (10-0) with conditions. • There was opposition present at the Hearing • There were letters of opposition. CITY OF VIRGINIA BEACH - COMPREHENSIVE PLAN AMENDMENTS An Ordinance to amend the Comprehensive Plan and revise the Policy Document to include the Interfacility Traffic Area and Vicinity as a Special Economic Growth Area. Relevant Information • The Interfacility Traffic Area and Vicinity Master Plan (ITA and Vicinity Master Plan) was adopted as an amendment to the Comprehensive Plan on January 25, 2011. • The attached amendments to the Comprehensive Plan establish "Special Economic Growth Area (SEGA) 4 — Princess Anne." • This designation as SEGA 4 — Princess Anne recognizes the land development constraints and economic opportunities associated with this area's location within a military aircraft overflight zone, and thus, its similarity to the conditions and constraints associated with the three existing SEGAs. -52- CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM # 61564 (Continued) January 24, 2012 -53 - CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM # 61564 (Continued) January 24, 2012 wim CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM # 61564 (Continued) Ms. Lasley advised the following items are scheduled to be heard by City Council on February 28, 2012: TKC LAND DEVELOPMENT It, LLC Planning Commission Recommendation: Approval CITY OF VIRGINIA BEACH (P-1/HK) Planning Commission Recommendation: Approval CITY OF VIRGINIA BEACH (AMENDMENT TO ZONING ORDINANCE/EXPLOSIVES IN INDUSTRIAL DISTRICTS) Planning Commission Recommendation: Approval INLAND DIVERSIFIED REAL ESTATES SERVICES Planning Commission Recommendation: Approval McQ BUILDERS Planning Commission Recommendation: Approval January 24, 2012 -55- CITYMANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM # 61564 (Continued) ?INCESS ANNE 40 January 24, 2012 TKt_' Llind Vevelopment 11, L.L.V. R2t API •,� B2 >s i�78 5.-7( cl .iltr ' 4 AG2. B2._, s` B2* AGI R2Q ,AG2 ,:AG2* , �c s , B2 -At,-2 -�\Z AG2 l Aret[ P1* f AG2 RIO* AG1 P1* ilo* R10* RW AG CUP: Salk Storage 40 January 24, 2012 Relevant Information • The site was rezoned from Agricultural District to Conditional B-2 Business District in 2008. Commercial retail and service uses are planned for the northern portion of the park, adjacent to the existing shopping center, and office uses are planned for the southern portion of the park, adjacent to future residential areas. • The applicant requests a Conditional Use Permit to allow development of the site with a bulk storage yard in conjunction with a retail operation (Tractor Supply Corporation). • Staff worked extensively with the applicant to upgrade the standard building used by the retail operation, as well as modify the site design to screen the storage and display areas. -57 - CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM # 61564 (Continued) January 24, 2012 -58 - CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM # 61564 (Continued) EMPSVILLE Cite of Vir-inia Beach 'R10 $ Iw J 8 R7,5 . B2 s2 t � R10 R7.5 r Park 8� v�� RIfl, �A4 "RIOA7 :RIO � �? 4 i ZoWt?g Change from R- 10 (xp to P-9 (HK) January 24, 2012 -59- CITYMANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM # 61564 (Continued) January 24, 2012 sem.#*• ..�.. a ;.'* � �a�, . , Evaluation and Recommendation • Planning Staff recommended approval. • Planning Commission recommended approval (9-0). • There was no opposition present or emails or letters of opposition. There were individuals present at the Hearing who requested to speak regarding a proposed development on the southwest corner of this intersection. The speakers noted that they were not opposed to this rezoning for the park. -61- CITYMANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM # 61564 (Continued) January 24, 2012 -62 - CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM # 61564 (Continued) CLP for Outdoor Recreation sP�rn v�o��n�m�onvw. m.n+r January 24, 2012 '9 Relevant Information • The applicant requests a Conditional Use Permit to allow the use of a portion of the shopping center for outdoor events. • Examples of the events would be weekly music series, car cruises, fall festival, holiday lighting ceremony, spring festival, health fair, community safety day and possible art fairs. • The location of events will be primarily around the pedestrian plaza of the center. The hours of the events will vary with the activity planned. Events will not continue after store hours have ended. y '9 Relevant Information • The applicant requests a Conditional Use Permit to allow the use of a portion of the shopping center for outdoor events. • Examples of the events would be weekly music series, car cruises, fall festival, holiday lighting ceremony, spring festival, health fair, community safety day and possible art fairs. • The location of events will be primarily around the pedestrian plaza of the center. The hours of the events will vary with the activity planned. Events will not continue after store hours have ended. CITY MANA GER'S BRIEFING PENDING PLANNING ITEMS ITEM # 61564 (Continued) 0 e m m e®Se ®�O January 24, 2012 -65- CITYMANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM # 61564 (Continued) BAY5IDE MCQ Builders, LLC -1 R7.5 R7 5 J 82 I Al - A18 R7 ft 5 5 r _ Zoning Change fmm PDH7 to Pf 61 January 24, 2012 o d faw - +y e t ✓ w. aar'Ix,�fEia � �IIL•—�1 ( �S I�;i. .:, Relevant Information • This site was rezoned from R-7.5 Residential to PD -1-12 Planned Unit Development with an underlying A-12 Apartment District on May 24, 2011. • The PD -H2 Planned Unit Development district requires that open space that is to be owned by a private entity, in this case the Condominium Unit Owners' Association, must be zoned P-1 Preservation District. • Thus, the applicant is now requesting a Change of Zoning for the open space areas to P-1 Preservation. -67 - CITY MANA GER'S 67- CITYMANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM # 61564 (Continued) January 24, 2012 CITY COUNCIL BUDGET DIRECTION 5:09 P.M. ITEM # 61565 The Mayor opened City Council's discussion re Budget Direction to Staff for FY 2012-2013 City Council Members expressed concern regarding the preparation of the upcoming FY 2012-2013 Budget: • Program Evaluation • City should hold several Town Hall meetings • Public Safety payroll Compression • Disposable Income • Car Allowances to Staff • Pension Costs • Citizens Ability to Pay • Deferred Compensation Plan The "FY2012-2013 Budget and CIP Calendar" was distributed to City Council Members and is hereby made apart of this record. January 24, 2012 m L. ru N r'I (3) N p- N ro V N VL fi c c � k n -., yf x'€ � 7 L 0 N C N N OU 4- S f6 O — o a, a� 4�i °� LU 00 N � C E N N L N CO CU Ln Q O a CL a) N WCU �- v- Q -a O Y ro L 3 a+ f0 H s �. Ua� *' w ajcu a -O L 0 N C N N OU 4- S f6 O — o a, a� 4�i °� LU 00 N � C E N N L N CO CU Ln Q O a CL a) N WCU �- v- Q m O Y ro s �. Ua� *' w ajcu a N; LPI ru Vlr cu A` cuL N > � N 3 a, 06 C N N ei co L Co N - o0'1 _ J � "� O Y hOA >N `C a! O 0 > ca Q� oCU m0 O Ln CO co N N V1 C 4J >= O >m 7 a) J N W C ~ .°C v L2 N 7 Q. a. LN 0� O V `n W v' O a °- MC, W 1 0 N � c -I O L :N LL r �r u� r _ L 0 N C N N OU 4- S f6 O — o a, a� 4�i °� LU 00 N � C E N N L N CO CU Ln Q O a CL a) N WCU �- v- Q M 00 N N y s 44 OA 0 as 0 "a V co �-a C SL ,M m O v a a C 00 - N LU R E s L � N Q H !O W L Q7 ru�...'I C O � l6 V xv ts. 3 LL M 00 N N y s 44 OA 0 as 0 "a V co �-a C SL ,M m O v a a 00 Ln rf N s W ru�...'I O � l6 V xv ts. 3 N 06 O V � C T 0 � � o � m m O 0 s s u u H N WM Ln NQ1 A O N O, Qo N a �t r M 00 N N y s 44 OA 0 as 0 "a V co �-a C SL ,M m O v a a I i I N ro i� A. r w VJ E 06 T^— i� li In W rm ri Ln �-i (A N m i (410 H r -I 00 e-1 Ln N Y, LL M a� 9 � n -a ul 7 ry rn P N' r4 RP Ln N 2€$,aMw f0 g Jf' 9 i14 _ rl N N t 0 t0 C 3 Nf rl N N -69 - CITY 69 -CITY COUNCIL COMMENTS 5:20 P.M. ITEM # 61566 Due to time constraints, the Members of City Council did not have "Comments ". January 24, 2012 - 70- AGENDA 0- AGENDA REVIEW SESSION 5:20P.M. ITEM #61567 BY CONSENSUS, the following shall compose the CONSENT AGENDA: K ORDINANCES/RESOLUTION Ordinance to AMEND§§ 16-44,16-45, 16-47, 16-48, 16-49, 16-51 and 16-54 of the City Code re the Workforce Housing Program (Deferred January 10, 2012) 2. Ordinance to AMEND §35-35 of the City Code re equalization of assessments 4. Ordinance to DESIGNATE TAX EXEMPT Personal Property Taxes in behalf of PIN Ministry 5. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with Rosemont Interstate Center for City -owned property at Sentara Way and Avenue A (DISTRICT 3 — ROSE HALL) 6. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE an Agreement with the Virginia Department of Agriculture and Consumer Services re additional funding for the Agriculture Reserve Program (ARP) 7. Ordinance to EXECUTE a Memorandum of Understanding (MOU) with the Virginia Beach Police Foundation re the "Law Enforcement Memorial" to be constructed at 35th Street and the Boardwalk 8. Ordinance re MODIFICATION of a $75,000 interest-free loan to the Chesapeake Beach Volunteer Fire and Rescue Squad to extend dates of repayment 9. Resolution to REQUEST fundingfrom the Commonwealth Transportation Board re an extension to Progress Lane and the City Manager to execute all necessary agreements 10. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned rights-of-way, re repair and replacement of bulkheads, anchor piles, return walls, landing platforms, etc. damaged by "Hurricane Irene " on Ocean View Avenue at Chesapeake Beach: (DISTRICT 4 — BAYSIDE) a. ROGER T. and ELIZABETH K. GREGORY TRUSTEES OF ROGER T. and ELIZABETH K. GREGORY at the rear of 5008 Lauderdale Avenue b. KELSEYS. and JEANSTEWART at the rear of 5014 Lauderdale Avenue C. CHARLES O. STAINBACK at the rear of 5016 Lauderdale Avenue d. ELIZABETH STUART SCHULLER at the rear of 5022 Lauderdale Avenue January 24, 2012 -71- e. ANDREW M. FISCHER at the rear of 5026 Lauderdale Avenue f. GEORGE E. and JANET GONZALEZ at the rear of 5030 Lauderdale Avenue g. SARAH L. HOUCK at the rear of 5032 Lauderdale Avenue h. LORRAINE WINCOR, EDWARD REICHBACH and ROBERT RAYLOVE at the rear of 5036 Lauderdale Avenue DESMOND C. and PATRICIA S. COOK at the rear of 5038 Lauderdale Avenue H. Resolutions to REQUEST the Virginia Department of Transportation (VDOT) ACCEPT: a. Additional streets re Urban Maintenance b. Corrections to the Road Inventory re Urban Maintenance 12. Ordinances to ACCEPT and APPROPRIATE Grant funds: a. $11,525,844 in FY 2010-11 School Reversion Funding to the School Reserve Special Revenue Fund b. A $54,840 Rescue Squad Assistance from the Virginia Department of Health to purchase Lifepakl5 defibrillators and medical equipment c. $86, 000 for the Department of Economic Development from Smart Beginnings South Hampton Roads to administer the Early Learning Challenge grant initiative Council Members DeSteph and Moss will vote Verbal Nay on Item K.1 Item K.3. Resolution in SUPPORT of proposed General Assembly Amendments to the Constitution of Virginia re Eminent Domain will be considered separately as there are speakers registered. Item K13. Ordinance to TRANSFER funds to the Department of Emergency Medical Services (EMS) and AUTHORIZE full-time positions re in-house lifesaving services at the Resort Area Beaches will be considered separately as there are speakers registered. January 24, 2012 -72 - AGENDA 72 - AGENDA RE VIEW SESSION ITEM # 61568 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: L. PLANNING 1. Application of LA PAZ, LLC, CIO CHRIS WOOD re a Nonconforming Use to renovate and ADD to the existing structure at 2256 Calvert Street (DISTRICT 5 — LYNNHAFEN) 2. Application of CS2 ACQUISITION, LLC for a Variance to §4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 4800 Dolton Drive (DISTRICT 2 — KEMPSVILLE) 3. Application of BUDDHIST EDUCATION CENTER OFAMERICA DONG HUNG TEMPLE, INC. for a Modification of a Conditional Use Permit re plan and building elevations (approved April 2, 2011) for a religious use at 423 Davis Street (DISTRICT 2 — KEMPSVILLE) 4. Application of MCQ BUILDERS, LLC and KROLL ENTERPRISES, II, LLC, for a Modi acation o Proffers No. 3 and 4 (approved November 25, 2008) at Dam Neck Road and Southcross Drive (DISTRICT 7 — PRINCESS ANNE) 5. Ordinance to AMEND §§ 2100 and 2102 of the City Zoning Ordinance (CZO) pertaining to the purpose and intent of Article 21 (Workforce Housing) re definitions and eligibility requirements (Deferred January 10, 2012) Councilman Wood will abstain on Item L.1 Council Members DeSteph and Moss will vote Verbal Nay on Item L.5 January 24, 2012 -73 - ITEM 73 - ITEM # 61569 Mayor Sessoms entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2- 3711 (A)(1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY -HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose, or of the disposition of publicly -held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of City Property: Beach District Lynnhaven District Rose Hall District Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 5:25 P.M. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, and James L. Wood January 24, 2012 - 74 - ITEM # 61569 (Continued) Council Members Voting Nay: None Council Members Absent: Rosemary Wilson (stepped out) (Closed Session: (Break: (5:25 P.M. —5:50 P.M.) (5:25 P.M. —5:30 P.M.) January 24, 2012 -75 - FORMAL 75 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 24, 2012 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, January 24, 2012, at 6: 00 P.M. Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Dr. Stanley Sawyer, Rector All Saints Episcopal Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which 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 identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made apart of the record. January 24, 2012 -76 - Vice 76 - Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Dixon Hughes Goodman and is directly and indirectly involved in many of Dixon Hughes Goodman's transactions. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman 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 10, 2012, 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 ofJanuary 27, 2004, is hereby made apart of the record. January 24, 2012 Item — IV -E CERTIFICATION - 77- Item 7- ITEM # 61570 Upon motion by Councilman Moss, seconded by Councilman Diezel, 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: 11-0 Council Members Voting Aye.- Glenn ye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 24, 2012 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 #61569, Page 73, 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. th Hodges Fraser, MMC City Clerk January 24, 2012 Item — IV -F.1 MINUTES Iri'm ITEM # 61571 Upon motion by Councilman Moss, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of January 10, 2012. Voting: 11-0 Council Members Voting Aye. Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 24, 2012 -79 - Item 79 - Item — IV -H.1 MAYOR'S PRESENTATION ITEM # 61572 Mayor Sessoms introduced and presented Captain James A Webb, United States Navy, with a Resolution recognizing Captain Webb as a contributing and important citizen and as the Commanding Officer of NAS Oceana who has left his footprints in the sands of time but has demonstrated great vision for the future of this community. January 24, 2012 Item — IV -H.2 MAYOR'S PRESENTATION ITEM # 61573 Mayor Sessoms announced that Judy Connors passed away; however, he was able to present this Resolution to her at Atlantic Shores, Seaside, on Saturday, January 21, 2012. The Mayor recognized her dedication, untiring and faithful service to the many citizens of Virginia Beach with deepest gratitude, respect and honor. January 24, 2012 -81 - Item — IV -H.3 MAYOR'S PRESENTATION ITEM # 61574 Mayor Sessoms introduced and presented Warren Harris, Director of Economic Development, with a plaque denoting the highest endorsement in their field by the largest economic development organization in the world. To put this in perspective, Virginia Beach is one of only twenty-nine (29) of the twenty-two thousand Economic Developments in North America to earn this distinction. Mr. Harris expressed his appreciation to the Mayor and Members of City Council for their continued support. January 24, 2012 -82 - Item IY.J. PUBLIC HEARING ITEM # 61575 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITYPROPERTY— Rosemont Commerce Center Sentara Way and Avenue A There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. January 24, 2012 -83 - Item IV -G ADOPT AGENDA FOR FORMAL SESSION ITEM # 61576 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION January 24, 2012 Item IV -I. ORDINANCES/RESOLUTIONS ITEM# 61577 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, Items 1, 2, 4, 5, 6, 7, 8, 9, 10a/b/c/d✓e1f/g/h/i, 11alb, 12a/b/c, of the CONSENT AGENDA. Council Members DeSteph and Moss shall vote a VERBAL NAY on Item #1: Ordinance to Amend the City Code re Workforce Housing Program. Voting: 11-0 (By Consent) Council Members Voting Aye. Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 24, 2012 -85 - Item IV -K.1. ORDINANCES/RESOLUTIONS ITEM# 61578 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT. Ordinance to AMEND§§ 16-44,16-45, 16-47, 16-48, 16-49, 16-51 and 16-54 of the City Code re the Workforce Housing Program Voting: 9-2 (By Consent) Council Members Voting Aye: 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: William R. "Bill" DeSteph and John D. Moss Council Members Absent: None January 24, 2012 1 AN ORDINANCE TO AMEND SECTIONS 16-44, 16-45, 16- 2 47, 16-49, 16-51 AND 16-54 OF THE CITY CODE, 3 PERTAINING TO DEFINITIONS, ELIGIBILITY 4 REQUIREMENTS, INITIAL SALES, DISCOUNTS, 5 MAXIMUM PRICES AND RESALES OF WORKFORCE 6 HOUSING UNITS 7 8 Sections Amended: City Code Sections 16-44, 16-45, 16- 9 47, 16-49, 16-51 and 16-54 10 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 114 That Sections 16-44, 16-45, 16-47, 16-49, 16-51 and 16-54 of the Code of the 15 City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: N 7 DIVISION 1. GENERAL PROVISIONS h 9 Sec. 16-44. Definitions, explanatory material. 20 As used in this article, the following terms shall have the meanings set forth in 21 this section. Where explanatory material is provided, such terms shall be construed in a 22 manner consistent with such material: 23 24 Affordable. Housing is generally considered affordable if no more than 25 approximately thirty (30) percent of the annual gross income of the purchaser or renter 26 is spent on direct housing costs. For purchasers, such costs include mortgage principal, 27 interest, taxes and homeowner's insurance, mortgage insurance premiums, mandatory 28 homeowners' association dues and condominium fees, but do not include utilities or 29 other related housing costs. With respect to rentals, such costs include rent payments 30 and an allowance for tenant -paid utilities other than cable television and telephone 31 service but do not include other related housing costs. $2 .... 33 Eligible renter. A household whose workforce housing application has been 34 approved and who meets the requirements of section 16-51. Such requirements 35 include, among other things, the household's gross annual income, financial assets, and 36 location in which an adult, non-dependent household member lives and works. In order 37 to qualify to rent a workforce housing unit, a household's annual gross income must 38 generally be between sixty(60)fort40 percent and ninety (90) percent of AMI or, 39 where the building contains an elevator, between sixty (60) fort40 percent and one 40 hundred (100) percent of AMI. 41 .... 42 43 Net appreciation. The amount of the resale price of a workforce housing unit, 44 less the total amount of: (i) the original principal amount of the first mortgage loan on the 45 unit, (ii) the principal amount of the workforce housing deed of trust note and of any 46 VHDA-held second deed of trust note if VHDA also holds the first deed of trust on the 47 unit, (iii) closing costs actually paid by the eligible buyer in connection with the purchase 48 of the unit, (iv) the eligible buyer's down payment, (v) the appraised value of any capital 49 improvements approved by the director of housing and neighborhood preservation, and 50 (vi) the reasonable and customary sales commission paid by the eligible buyer. 51 52 .... 53 54 Workforce housing or workforce housing unit. Dwellings or dwelling units, 55 whether single-family dwellings, duplexes, semi-detached dwellings, townhouses or 56 multiple -family dwelling units, approved by the city council pursuant to article 21 of the 57 city zoning ordinance. Such housing is generally affordable to households with working 58 members who live or work in the City of Virginia Beach. With FespeGt tO 110 59 ewneF6hip Gf weFkfoFGe heu6iRg, it inGludes housing that is PFiGed to be affeFdable to 60 househeldds with gFess annual inE;emes between eighty (80) peFGeRt and one hundred 61 twenty (120) peFGeRt of aFea mediaR *nG()Fne, adjusted fGF hE)u6eh()Id 6iZe. With FeSpeGt 62 tG FeRtal6 Of WGFkfOFGe housing, it inGludes hGUGiRq that us PFiGed to be affeFdable to 63 households with anRual *RGGFnes betweeR fGFtY (40) peFGeRt and ninety (90) peFGeRt Gf 64 AP 66 Workforce housing deed of trust. A deed of trust securing the repayment of the 67 loan made by the city to an eligible buyer, representing the workforce housing discount, 68 plus the shared net appreciation of the unit. 69 70 71 72 73 COMMENT 74 75 The amendment to the term "affordable" changes the definition of the term to include 76 mortgage insurance premiums as one of the expense items that are included in determining 77 affordability. 78 4 79 The amendment to the term "eligible renter" reduces the threshold income for eligibility for 80 rentals of workforce housing from 60% of Area Median Income (AMI) to 40% of AMI. There is 81 one other stylistic change in the definition that is not substantive in nature. 82 83 The amendments to the definitions "workforce housing or workforce housing unit" and 84 "workforce housing deed of trust" delete language that is unnecessary to define those terms, as the 85 same language appears elsewhere in Chapter 16. 86 87 88 DIVISION 2. SALE AND OWNERSHIP OF WORKFORCE HOUSING 89 90 Sec. 16-45. Initial sales of workforce housing units. 91 (a) The city shall have the right to purchase workforce housing units offered 92 for initial sale as follows: 93 (1) The city shall have an exclusive right to purchase any workforce 94 housing unit, not to exceed a total of one-third (1/3) of the 95 workforce housing units for sale within a development, by so 96 notifying the developer of the unit within thirty (30) days from the 97 date on which the city is notified that the workforce housing unit is 98 available for initial sale. If the city does not timely exercise its right 99 to purchase the unit, it may be sold to an eligible buyer. 100 (2) Any workforce housing unit the city has not elected to purchase 101 shall be offered for sale exclusively to eligible buyers for a period of 102 sixty (60) days from the date on which the city's right to purchase 103 the unit expires. Upon the expiration of such time, any such unit not 104 sold to the city or to an eligible buyer may be offered for sale 105 without restriction, provided, that when such a unit is sold, the 106 developer shall pay to the city the difference between the actual 107 sales price and the price as reduced by the amount of the 108 workforce housing discount less any additional sales commission 109 actually paid by the developer up to a maximum of two (2) percent 110 of the sales price and any closing cost assistance actually paid on 111 behalf of the buyer up to a maximum of three (3) percent of the 112 purchase price. 113 (b) The procedure for initial sales of workforce housing units to be purchased 114 by an eligible buyer shall be as follows: 115 (1) A developer who has reached an agreement with an eligible buyer 116 to sell a specific workforce housing unit to such eligible buyer as an 117 initial sale shall notify the city that the developer and eligible buyer 3 118 have reached an agreement regarding the purchase of the unit. 119 The city shall, either before or after it receives such notification, 120 verify the eligible buyer's continued eligibility under section 16-46 121 (2) In the event the eligible buyer continues to meet such 122 requirements, the developer and city shall enter into an agreement 123 pursuant to which the developer agrees to sell the unit to the 124 eligible buyer at a price incorporating the workforce housing 125 discount (the "discounted sales price"). The developer shall not be 126 entitled to receive any portion of the monies representing the 127 workforce housing discount. 128 (3) The city and eligible buyer shall also enter into an agreement 129 pursuant to which the city will finance, by means of a workforce 130 housing deed of trust, the difference in value between the fair 131 market value of the workforce housing unit and the discounted 132 sales price. Such agreement shall further provide, among other 133 things, that that the city shall have the right to repurchase the unit 134 upon resale, or to assign such right to an eligible buyer, in 135 accordance with the provisions of section 16-49 136 (4) The workforce housing deed of trust shall: (i) secure repayment to 137 the city of the workforce housing discount, plus the shared net 138 appreciation; (ii) carry a zero percent interest rate: R JL be 139 subordinate only to the lender's first deed of trust or, in the event 140 the property is financed by means of first and second deeds of trust 141 held by the Virginia Housing Development Authority (VHDA), to 142 such deeds of trust; and (i4 iv) provide that the eligible buyer shall 143 make no payments of principal on the indebtedness secured by the 144 workforce housing deed of trust until the eligible buyer sells or 145 otherwise divests his or her interest in the workforce housing unit. 147 COMMENT 148 149 The amendment to Subsection (a) (2) provides that a developer who sells a workforce 150 housing unit that the City has elected not to purchase is entitled to certain deductions from the 151 amount he is required to pay the City. The added deductions are the additional sales commission 152 paid by the developer, up to a maximum of 2% of the sales price, and any closing cost assistance 153 paid on behalf of the buyer up to a maximum of 3% of the purchase price. 154 155 The amendment to Subsection (b)(4) provides that the City's Workforce Housing Deed of 156 Trust is subordinate to a purchase money first deed of trust and, if the VHDA has financed the 4 157 purchase of the property by taking first and second deeds of trust on the property, the WFH Deed 158 of Trust would be subordinate to both of those deeds of trust. 159 .... 160 161 Sec. 16-47. Workforce housing pricing. 162 163 (a) Workforce housing shall be priced so as to be affordable for purchase by a 164 household with a gross annual income between eighty (80) percent and one hundred 165 twenty (120) percent of area median income, adjusted for household size. Semi - 166 annually, the workforce housing advisory board shall establish maximum sales prices 167 for workforce housing units based upon current area median income, prevailing 168 mortgage interest rates in the area, real estate tax rates, homeowner's insurance rates, 169 housing ratios, mortgage insurance premiums condominium and homeowners' 170 association fees and other costs and fees as dictated by the housing market, and the 171 size of targeted households. In determining whether to grant approval pursuant to 172 article 21 of the city zoning ordinance of a proposed development that includes 173 workforce housing, the city council shall determine whether the proposed pricing of the 174 workforce housing within such development meets the requirements of this section. 175 176 (b) The department of housing and neighborhood preservation shall make 177 available to prospective developers of workforce housing a spreadsheet planning tool to 178 assist in determining if a specific development meets the requirements of this section. 179 COMMENT 180 181 The amendment adds the underlined items to the factors to be considered by the Workforce 182 Housing Advisory Board in determining the maximum sales price of workforce housing units in the 183 City. 184 Sec. 16-49. Resale of workforce housing units. 185 (a) Prior to offering a workforce housing unit for resale, the owner shall notify 186 the city of the owner's intent to sell the unit. The city shall notify the unit owner, of its 187 intention to purchase the unit within thirty (30) days from the date on which the owner's 188 notice of intent to sell was received by the city. In the event the city determines to 189 purchase the unit upon resale, it shall have the right to assign the contract to an eligible 190 buyer. 191 (b) The city shall tender to the unit owner an offer to purchase such unit at its 192 fair market value. The fair market value shall be determined by appraisal. Such 193 appraisals shall be performed by licensed Virginia real estate appraisers selected by the 194 city as follows: 5 195 196 197 198 199 200 201 202 203 204 205 206 207 The city and workforce housing unit owner shall attempt to agree upon an appraiser, who shall determine the fair market value of the workforce housing unit as of the date of the actual or anticipated sale. If the parties are unable to agree upon an appraiser within ten (10) days, the parties shall each have an appraisal made by an appraiser of its choice to establish the fair market value. If the two competing appraisals are within ten (10) percent of each other, the midpoint between the two shall be considered the fair market value. If the two appraisals are not within ten (10) percent of each other, the parties shall agree on a third appraiser, and such appraiser's valuation shall be controlling as to fair market value. If the parties cannot agree on a third appraiser, the city shall have the right to appoint a qualified appraiser and such appraisal shall be controlling as to fair market value. The parties shall share equally in the cost of joint appraisals and shall be solely responsible for the cost of any other appraisals. 208 (c) In the event the city decides not to purchase or assign its right to purchase 209 the unit, it shall so notify the owner in writing, who shall thereafter have the right to sell 210 the unit to any other person or entity. In such event the provisions of this section shall 211 not thereafter apply to any subsequent resale of the unit. 212 (d) In the event the city purchases or assigns its right to purchase a workforce 213 housing unit from the owner of such unit, it shall make such unit available for sale to 214 another eligible buyer for a period of at least ninety (90) days. The city shall notify the 215 eligible buyers on its prescreened list of the availability of the unit. 216 (e) In the event an eligible buyer enters into a contract to purchase the unit 217 within the ninety -day period, the city shall determine whether such eligible buyer 218 continues to so qualify. If such eligible buyer continues to meet the eligibility 219 requirements of section 16-46, the owner of the unit shall enter into a contract with the 220 city and, if applicable, the city's assignee, to purchase the unit at the fair market value 221 thereof, as determined pursuant to subsection (b). The contract shall further provide 222 that: (i) the amount of the workforce housing discount, plus the shared net appreciation 223 of the unit, shall be repaid to the city upon resale of the unit; and (ii) that the city shall 224 have the right to repurchase the unit, or to assign such right to an eligible buyer, in 225 accordance with the provisions of this section. 226 (f) At settlement, the principal amount of the outstanding workforce housing 227 deed of trust note, plus the shared net appreciation of the unit, as defined in section 16- 228 44, shall be repaid to the city from the proceeds of the resale of the unit. All such 229 monies shall be deposited into the workforce housing revolving fund. 230 & The city shall finance a portion of the purchase price equal to the amount 231 of the new workforce housing discount by means of a note secured by a workforce 232 housing deed of trust. 0 233 COMMENT 234 235 The amendment to Subsection (b) makes a technical amendment and has no substantive 236 effect on the ordinance. 237 238 The amendment to Subsection (c) makes it clear that, once the City declines to repurchase a 239 workforce housing unit or to assign its right to purchase the unit to an eligible buyer, the resale 240 restrictions set forth in the section no longer apply to any subsequent resales of the property. 241 242 The language contained in Subsection (g) is unchanged, but has been designated as a new 243 subsection. 244 .... 245 246 DIVISION 3. RENTAL OF WORKFORCE HOUSING 247 248 Sec. 16-51. Eligibility requirements for renters of workforce housing units; 249 verification. 250 (a) In order to be deemed an eligible to rent a workforce housing unit, a household shall meet the following criteria: 251 (1) At least one adult, non-dependent member of the household 252 occupying the unit shall, at the time of application to the workforce 253 housing program, live or work full-time in the City of Virginia Beach, 254 or must have a bona fide offer of full-time employment within the 255 City of Virginia Beach commencing within three (3) months of the 256 time of application; 257 (2) No member of the household shall own or have a controlling 258 interest in any other real property; 259 (3) The household's gross annual income shall, at the time of 260 application, be between sixty 0) fort40 percent and ninety (90) 261 percent of area median income or, where the building contains an 262 elevator, between forty (40) percent and one hundred (100) percent 263 of Area Median Income, adjusted for household size; and 264 (4) The net worth of the household shall not exceed fifty (50) percent of 265 the total of rent payments for a period of twelve (12) months. The 266 following items shall not be included in determining the net worth of 267 a household: 268 a. The present value of insurance policies, retirement plans, 7 269 furniture or household goods; and 270 b. Any income-producing assets needed as a source of income 271 to meet the minimum qualifying requirements for eligible 272 renter status. COMMENT The amendment adjusts the percentage of Area Median Income (AMI) that a prospective renter must have in order to qualify for a workforce housing rental unit. DIVISISION 4. ADDITIONAL PROVISIONS. Sec. 16-54. — Workforce housing advisory board established; membership; duties 273 (a) Established. The workforce housing advisory board is hereby established. 274 (b) Term. There shall be at least ten (10) members of the board, who shall be 275 appointed by the city council for terms of four (4) years; provided, however, that the 276 initial terms of two (2) members shall be one (1) year, the initial terms of three (3) 277 members shall be two (2) years, and the initial terms of three (3) members shall be 278 three (3) years. 279 (c) Membership. Two (2) members, both of whom shall have extensive 280 experience in practice in the City of Virginia Beach, shall be either land planners or civil 281 engineers or architects licensed by the Virginia Board for Architects, Professional 282 Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects; one 283 (1) member shall be a real estate salesperson or broker licensed by the Virginia Real 284 Estate Board; one (1) member shall be a representative of a lending institution that 285 finances residential development in the City of Virginia Beach; one (1) member shall be 286 a member of the city council; one (1) member shall be a builder with extensive 287 experience in the construction of single-family detached and attached dwelling units, 288 one (1) member shall be builder with extensive experience in the construction of 289 multiple -family dwelling units; one (1) member shall be a current employee of the 290 department of public works or department of planning; one (1) member shall be a 291 representative of a nonprofit housing organization which provides services in the City of 292 Virginia Beach; and the remaining members shall be citizens of the city. 293 (d) Duties. It shall be the duty of the board to: 8 296 297 298 299 300 income, as defined in section 16-44, and shall be adjusted semi- annually; provided, however, that maximum rental prices in excess of those established by the board shall be allowed if such prices are consistent with the requirements of affordable housing funding sources and are approved by the director. 301 (2) Advise the city council on all aspects of the city's workforce housing 302 program, including recommendations for modifications of the 303 requirements of the program; and 304 (3) Report annually to the city council on the production of workforce 305 housing units, participation in the workforce housing program, and 306 achievement of program goals. 307 COMMENT 308 The amendment to subsection (d) provides that the Director of Housing and Neighborhood 309 Preservation may establish maximum prices for rental housing that are higher than those 310 established by the Workforce Housing Advisory Board if those prices are consistent with 311 requirements of affordable housing funding sources. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of January , 2012. APPROVED AS TO CONTENT . ,1 A Dept. of�-I�e�is(rid Neigh Preserva ion; (U/ CA -11870 R-5 January 3, 2012 APPROVED AS TO LEGAL SUFFICIEN Y: "4 / - City Attorney's Office 9 0 co H Z J N Z u W C � f0 LL d N W Ip Z d J Q p O 5-.10 (, O LOW 0� Uo ZO Z� 0 O S O W 'y U O O o LL Y a 0 N h N CO .- (0— 00 LO "I' O O — I` N 00 0 Cl) — r d' O D Cl) � �' 0 M N N N 1- 1- 0) EH 00 K3 r- b9 0 6q LOO 6,k Ell O V 00 C14 (D r 00 O — Cl) d' O 00 O N Ln h 0— e- r--00 O) 00 OO r(0 00 00 LO 00 "Cl -Cl) O 6p, (f) (fl (f) Eii 69i EA 00 — �T 00 — r- NN (0 q-000MO O M O OO Ln Cl! C! N CA Cl) 00 Cl) r It 0 LO LC) O It O M 69 EA EA Efl (f3 (f3 (A 000. -MO 000 O d r- O M I - ~ N (C O M CO O M (O (O 00 0) O N M It "cor(OOLnI- M ��09. 61) 6-> Otl- O O N 14 - CO co t- (O LO Lf) - M O O) N a0 '1• r CO CO CO Ln 0 Nt N Cn I 0 m V Iq M EF)609- U) U> (i) U9. N 7 O S N M S It LO O r = rn It m v m v m L!') O 0 M CC N r r 0 t- h O O to N LP) Lf) T r- Cl) O M E (A Efi 6f3 b9 U)3 EA U9 - f}0 0 0 0 0 0 0 0 O— N M V LO (0 O O O O) CSA W O O N 0 0 — ,:I- r -- CD 0 0 � It M N u (!? ER fA EH Ki EA EA O O) m r- (0 LL') It N M It L1) (O M O) O O M O r d' - O (NO LO LO � M M N 6r� 61). (,-� 6rk C49- Grf 69 O CO CO It N O CO N N M tt LO (O 0 N W O O Mr- � .-- M Ln M O N M N L� L0 (A ER 613 b9 EA 613 EA O h It ao LO N co co cP Lf) LO co I` f� 0 O N CO "t Ln p 0 " 0 d• 0 d7 M M N N W Efl fA ER Hi (f3 ER (fi C W d Q � O g U oURRIAD T° Ll Attachment B VBCDC Clients at 40% to 60% of Area Median Income a/o October 13, 2011 Client Number Current income Family size % AMI # Dependents under 18 Total Rent Paid Employer/Position 26 $24,961 3 40% 2 $465 Private Family - Nanny 1 $19,427 1 40% 0 $587* Va Beach Public Schools- Custodian 14 $22,206 2 40% 1 $414 Wal Mart, Sales Assoc. 28 $25,280 3 40% 2 $1202* Atria - Resident Services Assistant 25 $25,504 3 40% 2 $1093 * VA Beach. Dept of Health - Admin Asst 23 $25,522 3 41% 0 $415 Sentara - Admin Assistant 7 $22,728 2 41% 0 $602 Sam's Club/AARP SCSEP 35 $28,674 4 41% 2 $1129* CHKD, Medical Records Clk 40 $31,000 5 41% 3 $762 St. Brides State Prison - Correctional Officer 15 $23,376 2 42% 1 $740 Sentara- Lab Technician 34 $26,322 3 42% 2 $653 W. Tidewater CSB/MR Tech 39 $29,284 4 42% 2 $680 HRT - Bus Operator 13 $23,662 2 42% 1 $646* SSI/Child Support 61 $26,683 3 42% 2 $891 HPR Med Svcs/CNA 21 $23,894 2 43% 0 $876 Yellow Cab Dispatcher 10 $23,942 2 43% 0 $486* Social Security Disability 38 $30,172 4 43% 3 $1042* Gastroenterology Consultants - Med Asst 44 $27,320 3 43% 2 $1150* Apple One- Medical CNA 42 $33,027 5 44% 3 $646 Memory Ctr/Health Care Aide 37 $30,694 4 44% 2 $649 VB Public Schools - Sub. Teacher 60 $27,689 3 44% 1 $787* Chic-Fil-A - Disabled 18 $24,747 2 44% 1 $646 Maury High School - Teaching Asst. 33 $28,038 3 45% 2 $979* Hampton Roads Transit - Bus Driver 32 $28,080 3 45% 2 $646 Partners in Dental Health - Receptionist 20 $25,000 2 45% 0 $502 Social Security 19 $25,126 2 45% 0 $824 Appointment Specialist Hpt. Rds App Ctr 24 $28,367 3 45% 2 $1076* Health Horizons - Care Asst 36 $31,850 4 46% 2 $719 City of VA Beach CIT - Call Taker 22 $25,623 2 46% 1 $623 Acct Temps - Bookkeeper 27 $28,977 3 46% 2 $792* City of Norfolk - Admin Asst 30 $28,993 3 46% 2 $741 Sentara - Patient Care Rep 16 $25,880 2 46% 1 $907* ABC Termite Pest Control - Admin Asst. 31 $29,120 3 46% 2 $1030* Portfolio Recovery Assoc. - Collector 4 $23,092 1 47% 0 $716* HOPE House - Support Asst 2 $23,101 1 47% 0 $586 FGl, . Quality Control Spec 17 $26,571 2 47% 0 $683 City of VA Beach - Human Svcs Elig. Worker 6 $23,424 1 48% 0 $834* Disabled 41 $36,468 5 48% 3 $952 Toys R US - Retail Sales 8 $27,101 2 48% 1 $610 Computer Imaging Ref. Sys. - Lab Tech 3 $23,731 1 48% 0 $787 Norfolk Public Schools - Custodian 5 $23,905 1 49% 0 $598 PCSI, Housekeeper 43 $39,638 6 49% 2 $889 City of VB Public Wks - Meter Reader 11 $27,706 2 49% 1 $889 Paradigm Inc -Tech Support 57 $27,851 2 50% 1 $645 Sentara - Secretary 65 $35,025 4 50% 2 $719 Norfolk Public School - Secretary 48 $25,163 1 51% 0 $562 Admin Clk CBN/SSl/Pension 55 $29,018 2 52% 1 $646 Ayron Staffing Temp - Admin Asst 53 $29,071 2 52% 1 $677 Social Sec/Workmen's Comp 52 1 $29,093 2 52% 0 $740 Westminster Canterbury/Med Aide 51 $29,120 2 52% 1 $708 Aerotek - Collector 12 $29,320 2 52% 1 $916 Michael Wayne Investments 62 $36,709 4 53% 2 $596 Kohls Cashier/Private Duty Nurse 9 $29,774 2 53% 0 $646* Social Security Disability 66 $43,878 6 54% 4 $1,038 Central Parking Systems/SS Disability 64 $37,828 4 54% 1 $925 Church Pastor 56 $30,780 2 55% 1 $725 Norfolk State U. - Admin Spec 29 $34,631 3 55% 2 $1067* EVMS-Finan. Svcs Admin Asst. 47 $26,936 1 55% 0 $781 Wal Mart, Cust. Svc. Mgr; Sales Assoc. 66 $38,928 4 56% 2 $650 VBCDC Maintenance Technician 59 $31,759 2 57% 1 $884 CASMG/Residential Care Specialist 54 $32,000 2 57% 0 $809 STIHL - Laborer 45 $28,080 1 57% 0 $570 HSBC Customer Svc Supervisor 1 58% 0 $929* Social Security/VA Retirement Benefits $28,656 1 58% 0 $646 City of Va Beach - Kindergarten Asst E49$28,428 $32,907 2 59% 0 $994* City of Norfolk - Teacher's Asst $41,080 4 59% 3 $712 Sleepmed Therapy, Inc - Med Tech 173 78 Clients Demosraphics Number of Households: 66 *Denotes residents with a rent subsidy therefore VBCDC Number of Working Households: 57 recieves fair market rent. All others pay 30% of their Number of Retired Housholds: 3 adjusted gross income. Number of Disabled Households: 6 Types of Employment: Municipal Employees (teachers, court clerks/guards, Human 13 services workers, Public works, etc.) Private Healthcare Workers 18 Clerical/Retail/Food Service/Cust 26 Service/Technicians O) V L L O O d L/i to V — v v a V) N F O O 0 0r N M O O O O O O O O O R:31 O 00 N 1.0 rl }' o N C LnU N 'i _ 4- a LL = N O m 4- U to O N O 41 i = C d LL = o N N Ln p C U f6 f6 O aJ N U � •L Q ajU N N � N � L }14._ +, O an O O N 0A 4- O Q U O E _ � L E �O V, •� 2 a v C — O v) O N U = N Y = O LL o M N 0 L O O O E O X O � O N t � +� to A +- vi v t0 N Cl t +- >- cc - Ml !a Q � U fC tv 4] V -C C f6 C i O N O v d E C C OU CL N O a (A s d ) 4,c z -O O CU +_ H O O O O O O O O O 0 00 r1i 0 Ln c* rI � O O O 00 r-4 O 0 oN r, O M Ln •(n t0 {/} l4j? 00 O ON 00 O O Ln O N Ln 4/n t0 � 4j)- > Gl U O .0V, � U Q a m O O +� o :Ll o E U O F- O O O O O O L O N N LO rl I- O O O O O O O N N m 100 .v Lo 'In V/ - O O O O 00 00 N tD t/} tD -Ln i/} +5+ -b Gl U O 4' > U Q a o +� 4a C o -w O }' O -O U Qa;g O H i Item IV -K2. ORDINANCES/RESOLUTIONS ITEM# 61579 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT. - Ordinance to AMEND §35-35 of the City Code re equalization of assessments Voting: 11-0 (By Consent) Council Members Voting Aye. Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 24, 2012 1 AN ORDINANCE TO AMEND SECTION 35-35 2 OF THE CITY CODE PERTAINING TO 3 EQUALIZATION OF ASSESSMENTS 4 5 SECTION AMENDED: § 35-35 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 35-35 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 35-35. Equalization of assessments. 14 15 (a) In order to equalize assessments of real estate annually, the city real 16 estate assessor shall hold hearings between March fifteenth and April thirtieth of each 17 year, or as often as may be necessary as determined by the city real estate assessor, 18 for the purpose of receiving such evidence as may be presented to him by any taxpayer 19 with respect to the inequality of his assessment made during the twelve-month period 20 ending January thirty-first last ensuing. Any taxpayer feeling aggrieved by any such 21 assessment of his property may apply to the city real estate assessor for the 22 equalization thereof on forms provided by the city real estate assessor for that purpose. 23 24 (b) At least fifteen (15) days before the hearings provided for in this section, 25 notice thereof shall be given by publication one time in one of the newspapers having 26 general circulation in the city. Notwithstanding such notice, such hearings may be 27 granted by the city real estate assessor upon appointments. 28 29 (c) After hearing the evidence referred to in subsection (a) above, the city real 30 estate assessor may take such action as he may deem necessary to equalize 31 assessments and shall record the action taken in the land book. Each taxpayer having 32 made application for such hearing and any other taxpayer affected by the action of the 33 city real estate assessor shall be advised of the decision of the city real estate assessor 34 with respect to such assessment. 35 36 (d) The city real estate assessor may authorize persons employed in his 37 office who are competent so to do to hold any hearing referred to in this section, 38 provided the evidence presented or a summary thereof is transmitted to the city real 39 estate assessor for action with respect thereto. 40 41 (e) The board of equalization shall have the powers to revise, correct and 42 amend any assessment of real estate, other than real estate assessable by the state 43 corporation commission. The board shall begin hearing assessment appeals the first 44 Thursday in July of each year. An application for appeal to the board must be received 45 by September X30 of the year in which the assessment was made. The city 46 real estate assessor shall include this deadline in the notice of assessment. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 24th day of JanLary , 2012. APPROVED AS TO CONTENT eal Estate As � • CA12116 R-1 January 19, 2012 APPROVED AS TO LEGAL SUFFICIENCY: -87 - Item IV -K.3. ORDINANCES/RESOLUTIONS ITEM # 61580 Resolution in SUPPORT of proposed General Assembly Amendments to the Constitution of Virginia re Eminent Domain The following individuals registered to speak: Michael Barrett, Runnymeade, Phone 422-1568, spoke in OPPOSITION stating that this Legislation does not need to do anything and this Resolution is a "budget buster" and "welfare for developers ". Martha S. McClees, Executive Director, Virginia Beach Vision, spoke in OPPOSITION. Virginia Beach Vision supports property rights and just compensation be guaranteed for public benefit or use. E. George Minns, President — Seatack Community Civic League, 236 Shipps Lane, Phone: 575-8109, spoke in SUPPORT stating some Citizens in Virginia Beach would not have to worry about having their land taken but the Citizens in the Seatack Community would have to worry and as such, Mr. Minns supports this Resolution. Bill Stephany, 404 Palletts Road, Phone: 486-4820, spoke in SUPPORT stating this resolution is a "no brainer " and wants his property to be sacred. Gilbert Garcia, 900 Ringfield Road, 721-7531, spoke in SUPPORT, stating there is no reason for the citizens to be bothered with such a Resolution. As a citizen, he should not have to be in fear that some private citizen will come and try to take his land and home. Debbie Pavon, 3497 Glen Arden Road, Phone 620-6511, spoke in SUPPORT, stating she is one of the "overseers" of the Hampton Roads Tea Party Central Facebook Page with numerous contacts. How the Members of City Council vote this evening will become a matter of local and national interest. Drake Tsiootsias, 965 Larkaway Ct., Phone 467-1357, spoke in SUPPORT, stating he is a thirty-six (36) year resident of Kempsville and is in favor of this Resolution. This strengthens the private property owner's rights. Jimmy Frost, 2240 Windom Place, Phone: 343-6768, spoke in SUPPORT, stating Virginia Beach Citizens are watching with great interest how each of the City Council Members vote. Eminent Domain is used against the poor because they cannot fight back and the government is the biggest lawbreaker around. Scott Taylor, 304 28`x' Street, spoke in SUPPORT, stating he encourages each Member of City Council to vote in favor. Waverly Woods, 2453 Haversham Close, Phone 749-8266, spoke in SUPPORT, stating she is the newly elected Virginia Beach Chapter Chair of the Hampton Roads Tea Party. Fair and full compensation must be given when property is taken or damaged. The burden of proof is entirely on the City Council to take the property. Robert Dean, 1204 Shawn Drive, Phone 427-6606, spoke in SUPPORT, stating he is a fifty (50) year resident of Virginia Beach. He is the Chairman of the Tidewater Libertarian Party. He strongly urges each Member of City Council vote in support of this Resolution. To do otherwise would mean that millions of military service men and women have died in vain fighting for our lives, liberty and the pursuit of happiness. January 24, 2012 Item IV -K.3. ORDINANCES/RESOLUTIONS ITEM # 61580(Continued) Petey Browder, 1204 Shawn Drive, Phone 773-6732, spoke in SUPPORT, stating under current law it is impossible for Farmers to get compensated when a road improvement eliminates a Farmer's access to his land. The amendment would make it easier for Farmers to present evidence of condemnation damages from lost access. Ms. Browder read a letter published in the Roanoke Times from Mr. Ed Jennings. Fay Kist, 5292 Shenstone Circle, Phone 460-2833, spoke in SUPPORT, stating there are numerous abuses found in the report by the Virginia Institute of Public Policy. She described a few of said abuses here in the Hampton Roads Area. Ann Crenshaw spoke in OPPOSITION, stating she is a practicing Attorney and before you tonight as a citizen and a student of Constitutional Law. Founding Fathers of the United States and this Commonwealth instituted a policy of limited Constitutional Amendments. All of these issues discussed tonight can be handled by the Legislator and Courts. Keith Freeman, 4152 Church Point Road, Phone 434-3584, spoke in SUPPORT, stating he is the Vice - Chairman of the Hampton Roads Tea Party. The issue is simply property protection and essential to our most basic right. Taking property should be more difficult, not less difficult. It appears to be a stalling tactic. January 24, 2012 -89 - Item IV -K.3. ORDINANCES/RESOLUTIONS ITEM# 61580(Continued) Councilman Moss MOVED that the Revised Resolution in support of the proposed General Assembly Amendments to the Constitution of Virginia re EMINENT DOMAIN be adopted. Councilman DeSteph seconded the motion. Councilman Davis made a SUBSTITUTE MOTION that the General Assembly support a Constitutional Amendment that is consistent with the language of Bill 437 and Bill 597 as drafted and submitted, but also move forward with enabling Legislation that would immediately protect property rights with the same verbiage of Bill 437 and Bill 597 until such time that these rights can be protected underneath the Constitutional Amendment, understanding that the protection of the Constitutional Amendment cannot be moved up and best case scenario is January 1, 2013. Mr. Davis read the proposed Resolution into the record and Council Lady Wilson seconded the Substitute Motion. Councilman Moss MOVED and Councilman DeSteph seconded, a motion to TABLE the subject Revised Resolution re Eminent Domain. The Motion to Table failed. The original Motion failed as the Substitute Motion carried. Voting: 3-8 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer and John D. Moss Council Members Voting Nay.- Glenn ay: Glenn R. Davis, Harry E. Diezel, 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: None January 24, 2012 Item IV -K.3. ORDINANCES/RESOLUTIONS ITEM# 61580(Continued) The Mayor restated and called for the vote on the Substitute Motion. The SUBSTITUTE MOTION by Councilman Davis, seconded by Council Lady Wilson, was ADOPTED by City Council Substitute Resolution in SUPPORT of proposed General Assembly Amendments to the Constitution of Virginia re Eminent Domain Voting: 6-5 Council Members Voting Aye.- Glenn ye: Glenn R. Davis, Harry K Diezel, Barbara M. Henley, John K Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill" DeSteph, Robert M. Dyer, Vice Mayor Louis R. Jones, John D. Moss and Mayor William D. Sessoms, Jr., Council Members Absent: None January 24, 2012 REQUESTED BY COUNCILMEMBERS DAVIS, DIEZEL, DYER, HENLEY, UHRIN, WILSON AND WOOD 1 A SUBSTITUTE RESOLUTION IN SUPPORT 2 OF STATE LEGISLATION AND A 3 CONSTITUTIONAL AMENDMENT TO 4 EXPEDITIOUSLY AND FULLY PROTECT 5 THE PROPERTY RIGHTS OF VIRGINIA 6 CITIZENS BY STRICTLY REGULATING THE 7 USE OF EMINENT DOMAIN 8 WHEREAS, in 2005, in a 5-4 decision in the case of Kelo v. New London, the 9 Supreme Court of the United States upheld the use of eminent domain by a 10 Connecticut locality to take privately held real property from a land owner and convey 11 that property to another private property owner to further economic development; and 12 WHEREAS, since that time there has been a growing consensus regarding the 13 need for additional protections of our citizens' property rights by limiting the use of 14 eminent domain by governmental entities in the Commonwealth; and 15 WHEREAS, an amendment to the Constitution of Virginia has been proposed 16 that would restrict the use of eminent domain; and 17 WHEREAS, Senate Bill 437 and House Bill 597, as drafted when introduced, 18 set forth eminent domain procedures and provide necessary definitions of terms; and 19 WHEREAS, the proposed constitutional amendment should mirror the language 20 contained in Senate Bill 437 and House Bill 597; and 21 WHEREAS, the proposed eminent domain constitutional amendment would not 22 take effect until 2013 at the earliest, assuming it clears substantial hurdles in the 23 General Assembly and is approved by the voters, but the General Assembly in its 24 current session may promptly enact laws to impose strict limitations on the exercise of 25 eminent domain that upon passage would become effective on July 1, 2012; 26 WHEREAS, it is the sense of City Council that time is of the essence, and these 27 vital protections need to be enacted without delay. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 29 CITY OF VIRGINIA BEACH: 30 The rights of our citizens to their property are fundamental rights that ought to 31 be provided the highest of legal protection, and government should only interfere with 32 such ownership for public use and only upon payment of full and fair compensation. 33 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 34 VIRGINIA BEACH: 35 The City Council urges the General Assembly to (1) promptly enact state 36 legislation that is consistent with Senate Bill 437 or House Bill 597 but that would 37 create statutory protections that could be effective on July 1, 2012, so as to fully and 38 expeditiously protect our citizens' vital property rights; and (2) support a constitutional 39 amendment effectuating the provisions of Senate Bill 437 and House Bill 597 as 40 drafted when introduced. Adopted by the City Council of the City of Virginia Beach on the 24thday of January 2012. APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY'S O FICE CA12118 R-7 January 24, 2012 -91 - Item IV -K.4. ORDINANCES/RESOLUTIONS ITEM # 61581 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT. Ordinance to DESIGNATE TAX EXEMPT Personal Property Taxes in behalf of PIN Ministry Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 24, 2012 APPROVED AS TO CONTENT: i . - / , / , / Commissioner of4lie Revenue CA12071 R-1 November 8, 2011 APPROVED AS TO LEGAL SUFFICIENCY: oA�e, s Office ENTITY NAME: Pin Ministry T/A Pin Ministry 545 S. Birdneck Road Ste 101 Virginia Beach VA 23451 Website: pinministry.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Pin exists to provide food, clothing, shelter, and free medical care for people that are either homeless or extremely poor. • Pin provides basic medical care, transportation and housing. • Pin provides support groups and mentoring. • The ultimate focus is to help the homeless of Hampton. Roads transform their lives by meeting them where they are and sharing a God that loves them and wants a relationship with them. TAX EM PACT: Business Property: Assessment: 10,026.00 Tax: $148.38 Personal Property Assessment: 1970 Mobile Home 1,000 Tax: .$8.90 Assessment: 1980 Mobile Home 10,752 Tax: $95.69 Assessment: 1973 Mobile Home 1,000 Tax: $8.90 Assessment: 2007 Ford Van Tax: Assessment: 2003 Ford Van Tax: Real Property Assessment: None Tax: None RELEVANT INFORMATION - IRS Granted 501 (c) 3 status - May 2004 10,125 $374.63 1,650 $61.05 -92 - Item IV -K.5. ORDINANCES/RESOL UTIONS ITEM # 61582 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with Rosemont Interstate Center for City -owned property at Sentara Way and Avenue A (DISTRICT 3 — ROSE HALL) Voting: 11-0 (By Consent) Council Members Voting Aye. Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 24, 2012 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE FOR FIVE YEARS WITH 3 ROSEMONT INTERSTATE CENTER, L.L.C., FOR 4 APPROXIMATELY 6,796 SQ. FT. (0.15 ACRE) OF 5 CITY -OWNED LAND LOCATED AT SENTARA WAY 6 AND AVENUE A s WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 9 parcel of land containing approximately 6,796 sq. ft. (0.15 acre), located at Sentara 10 Way and Avenue A in the City of Virginia Beach (the "Premises"); 11 12 WHEREAS, Rosemont Interstate Center, L.L.C., a Virginia limited liability 13 company ("Rosemont") has leased the Premises from the City since 2002, and 14 desires to continue leasing the Premises; 15 16 WHEREAS, Rosemont has agreed to enter into a new lease agreement for 17 the Premises for a term of five (5) years, with an annual lease payment of $1,472.64 is for the first year, escalating by three percent (3%) each remaining year; and 19 20 WHEREAS, the Premises would continue to be utilized as an ingress/egress 21 point and to provide parking for an office building for the adjacent property owned by 22 Rosemont, and for no other purpose. 23 24 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager is hereby authorized to execute a lease for the term of 28 five (5) years, between Rosemont Interstate Center, L.L.C. and the City, for the 29 Premises in accordance with the Summary of Terms attached hereto, and made a 30 part hereof, and such other terms, conditions or modifications as may be acceptable 31 to the City Manager and in a form deemed satisfactory by the City Attorney. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia on the 4th 34 day of January , 2012. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM City Attorney U Public Works / Facilittes Management CA11965 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\Wpdocs\D004\P012\00000373.DOC R-1 January 12, 2012 SUMMARY OF TERMS LEASE OF CITY -OWNED PROPERTY LOCATED AT SENTARA WAY AND AVENUE A LESSOR: City of Virginia Beach (the "City") LESSEE: Rosemont Interstate Center, L.L.C. ("Rosemont") PREMISES: Approximately 6,796 sq. ft. (0.15 acre) of City -owned property located at Sentara Way and Avenue A in the City of Virginia Beach TERM: July 1, 2012 through June 30, 2017 RENT: $1,472.64 for the first year and escalated by three percent (3%) each remaining year. Rent shall be payable either in an annual lump sum or in equal monthly installments. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises for ingress and egress and to provide parking for an adjacent office building owned by Lessee, and no other purposes. • Keep, repair, and maintain the Premises at its expense and will do so in a workmanlike manner. Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. • Assume full responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF LESSOR: Access to the Premises at any time, without prior notice, in the event of an emergency. • The right to require Rosemont to surrender possession and control of the Premises to the City upon forty-eight (48) hours' written notice. The right to grant easements and rights-of-way across, in, under and through the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: • The City may terminate the Lease any time prior to June 30, 2017 upon sixty (60) days' written notice. \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D004\P012\00000374. DOC -93 - Item IV -K. 6. ORDINANCES/RESOLUTIONS ITEM # 61583 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE an Agreement with the Virginia Department of Agriculture and Consumer Services re additional funding for the Agriculture Reserve Program (ARP) Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 24, 2012 I A RESOLUTION AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE, ON BEHALF OF THE 3 CITY, AN INTERGOVERNMENTAL AGREEMENT 4 BETWEEN THE VIRGINIA DEPARTMENT OF 5 AGRICULTURE AND CONSUMER SERVICES AND THE 6 CITY OF VIRGINIA BEACH REGARDING THE PURCHASE 7 OF AGRICULTURAL RESERVE PROGRAM EASEMENTS 8 9 10 WHEREAS, the City of Virginia Beach adopted the Agricultural Lands 11 Preservation Ordinance in May 1995, thereby establishing a comprehensive program 12 (the "Agricultural Reserve Program") for the preservation of agricultural lands within the 13 City; and 14 15 WHEREAS, since its inception of the Agricultural Reserve Program, 16 approximately 8,878.87 acres of land have been placed under easements restricting 17 development of the land to agricultural uses; and 18 19 WHEREAS, the General Assembly, by Chapter 890 of the 2011 Acts of 20 Assembly, has appropriated $1,200,000 to the Virginia Department of Agriculture and 21 Consumer Services ("VDACS") for the continuation of a state fund to match local 22 governmental purchases of development rights program funds for the preservation of 23 working farms and forest lands; and 24 25 WHEREAS, Section 3.2-201 of the Code of Virginia authorizes VDACS' Office of 26 Farmland Preservation to develop methods and sources of revenue for allocating funds 27 to localities to purchase agricultural conservation easements; and 28 29 WHEREAS, VDACS has determined that the City of Virginia Beach is eligible to 30 receive contributions of funds from VDACS in reimbursement for certain costs the City of 31 Virginia Beach incurs in the course of purchasing Agricultural Reserve Program 32 easements; and 33 34 WHEREAS, the City and VDACS desire to enter into an agreement pursuant to 35 which VDACS will reimburse the City for certain costs incurred by the City in the course 36 of purchasing ARP easements, up to a cumulative maximum amount of $110,952.46, 37 for a period of two (2) years from the date of the agreement; and 38 39 WHEREAS, the complete agreement between the City and VDACS is set forth in 40 that certain document entitled "INTERGOVERNMENTAL AGREEMENT Between 41 Virginia Department of Agriculture and Consumer Services and The City of Virginia 42 Beach," dated December 31, 2011, a true copy of which agreement is on file in the City 43 Clerk's Office; and 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 8811 H 84 85 WHEREAS, a Summary of Material Terms of the said agreement is appended hereto; and WHEREAS, the City Council finds that the terms of the said agreement are fair and reasonable and would be of significant benefit to the City and its citizens by providing an additional source of funds for the purchase of Agricultural Reserve Program easements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manager is hereby authorized and directed to execute the aforesaid agreement, and any modifications to the aforesaid agreement, on behalf of the City and to take such measures as are necessary or advisable to implement such agreement according to its terms. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Council hereby expresses its appreciation to the Governor, the General Assembly and the Virginia Department of Agriculture and Consumer Services for their continued commitment to the preservation of agriculture within the Commonwealth and the City. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day Of January , 2012. Approved as to Content: Agriculture Department CA -11981 \\vbgov. oom\dfs1 \applications\citylawprod\cycom32\wpdocs\d003\p013\00000033. doc R-1 January 3, 2012 2 Approved as to Legal Sufficiency: City Attorney's Office Intergovernmental Agreement between Virginia Department of Agriculture and Consumer Services and The City of Virginia Beach Summary of Material Terms Background: City of Virginia Beach is eligible to receive an additional $110,952.46 in State funds to purchase agricultural preservation easements through the City's Agricultural Reserve Program (ARP). The City of Virginia Beach was previously approved to receive $403,219.75 from the Virginia Department of Agriculture and Consumer Services (VDACS) on June 24, 2008, $49,900.00 on January 27, 2009, $93,932.19 on February 23, 2010, $12,500 on February 22, 2011, and $54,247.37 on June 14, 2011. Parties: The City of Virginia Beach and the Virginia Department of Agriculture and Consumer Services (VDACS). VDACS Responsibilities: VDACS will reimburse the City for certain costs of purchasing ARP easements. The maximum amount in new funding over the next two years is $110,952.46. Reimbursable costs include: • the purchase price of any Treasury STRIPS acquired to fund the purchase price of the conservation easement; • cost of title insurance; • cost of any appraisal; • cost of any physical survey; • reasonable attorney's fees; • cost of public notices Note: Other costs are reimbursable but are not incurred by the City in the course of ARP transactions as presently structured. Maximum reimbursement for a single purchase is equal to 50% of sum of the purchase price of the easement and reimbursable costs, excluding costs of STRIPS. City of Virginia Beach Responsibilities: Cost: Utilize state funds to further protect working agricultural lands by purchasing development rights. Submit a progress report each year that the agreement is effective or a subsequent agreement is in effect to (i) describe any prospective properties and the status of any negotiations, (ii) estimate the timeframes that agreements could possibly be executed, (iii) maintain a public outreach program designed to educate various stakeholders, (iv) develop and maintain a monitoring program, and (v) continually evaluate the effectiveness of the program. If City sells development rights back to the property owner, City must reimburse VDACS in an amount proportional to VDACS' contribution toward the total reimbursable cost of acquiring the ARP easement. No associated costs are incurred by the City Duration and Termination: • Initial term is two years from the date of the agreement or December 31, 2012. This agreement shall be merged with the previous agreement approved on February 22, 2011, so there are no inconsistencies. • City may be recertified as eligible for future funding, but not guaranteed. The agreement may be terminated if the City fails to perform any of its obligations under the terms of this agreement. If the City fails to allocate the spending of the funds within the two year time period, monies will then be redistributed to other PDR programs. ►: Item IV -K. 7. ORDINANCES/RESOLUTIONS ITEM # 61584 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to EXECUTE a Memorandum of Understanding (MOU) with the Virginia Beach Police Foundation re the "Law Enforcement Memorial " to be constructed at 35th Street and the Boardwalk Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 24, 2012 1 AN ORDINANCE AUTHORIZING THE EXECUTION 2 OF A MEMORANDUM OF UNDERSTANDING FOR 3 THE CONSTRUCTION, MAINTENANCE, AND 4 DEDICATION OF THE LAW ENFORCEMENT 5 MEMORIAL TO BE INSTALLED AT 35TH STREET 6 AND THE BOARDWALK AND TRANSFERRING 7 FUNDS TO PROVIDE FOR IMPROVEMENTS OF 8 CITY PROPERTY 9 10 WHEREAS, the Virginia Beach Police Foundation (the "Foundation") desires to 11 erect a monument sculpture in memory of law enforcement officers who lost their lives 12 in the line of duty in the City; and 13 14 WHEREAS, the City of Virginia Beach ("City") owns real property at the 15 intersection of 35th Street and the Boardwalk that would be a suitable location of such a 16 monument and park; and 17 18 WHEREAS, the Foundation and the City wish to enter into a Memorandum of 19 Understanding ("MOU") to provide for the construction, maintenance, and dedication of 20 a memorial sculpture, granite base, flag pole, contributor walls, seat wall, bollards, and 21 associated lighting (the "Memorial"), a copy of a rendering of the Memorial is attached 22 hereto as Exhibit A; and 23 24 WHEREAS, the Memorial will be the focal point of the Law Enforcement 25 Memorial Park (the "Park") and such Memorial and Park will be a place of reverence for 26 those law enforcement officers who lost their lives in the line of duty in the City, a copy 27 of a drawing of the Memorial and Park Location is attached hereto as Exhibit B; and 28 29 WHEREAS, the MOU provides for the Foundation to dedicate the Memorial to 30 the City after it has been constructed; and 31 32 WHEREAS, the MOU provides for the Foundation to be responsible for capital 33 and enhanced maintenance related to the Memorial and the City to be responsible for 34 day-to-day maintenance and repair including cleaning, operational upkeep of lighting, 35 replacement of flags as wear dictates, lowering of flags to half-mast and raising to full - 36 mast as appropriate, resealing of joints in granite panels, and removal of graffiti; and 37 38 WHEREAS, a portion of the construction includes the improvement of City 39 property at the Park; the cost of such improvements will not require expenditure of City 40 funds exceeding $80,000. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA, THAT: 44 45 1. The City Manager is hereby authorized to execute a MOU between the City and 46 the Foundation to provide for the construction, maintenance, and dedication of 47 the Law Enforcement Memorial and Memorial Park, a summary of material terms 48 of the MOU is attached hereto as Exhibit C and incorporated. 49 50 2. $80,000 is hereby transferred from the General Fund Reserve for Contingencies 51 to the FY 2011-12 Operating Budget of the Strategic Growth Area Office for the 52 City improvements at the Memorial Park. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day Of January , 2012. APPROVED AS TO CONTENT: is APPROVEID AS TO APPROVED AS TO CO FFICIENCY: R-4 January 12, 2012 0 A v I boom" wor 0 O 6 r' w = °.0 wa °, w� J s m1 m W = mo m i m� -� S m" °< i� d� wz O - 8� a w0 w �Q m w� 1 m C � os �� % wo o o 0, 0 K 0 0. U � 2 � � w Q W — � (� .O 0 0". ( oh. A^,, ) WQ -r- cn CO)O CUT 0 J �i 1� xiss Is) Q ~ 1 I <M ` - N � � o (,_ _> w ;X E a) o� s� a I!d L t 7/M7 MT ,oa) --#YtGAr 'MMV71 r I -� o 0 s = S 0 50 w== < 00 OFw =� 0 "< a 0 mwV 03 o wf 50 00 0 00 of 0. 6 r' w = °.0 wa °, w� J s m1 m W = mo m i m� -� S m" °< i� d� wz O - 8� a w0 w �Q m w� 1 m of �x as u� os �� % wo o o 0, 0 K 0 0. I!d L t 7/M7 MT ,oa) --#YtGAr 'MMV71 r I -� o 0 s = S 0 50 w== < 00 OFw =� 0 "< a 0 mwV 03 o wf 50 00 0 00 of 0. EXHIBIT C SUMMARY OF MATERIAL TERMS MEMORANDUM OF UNDERSTANDING ("MOU") PARTIES VIRGINIA BEACH POLICE FOUNDATION (the "Foundation") CITY OF VIRGINIA BEACH (the "City") PURPOSE Construction, maintenance and dedication of the Virginia Beach Law Enforcement Memorial (the "Memorial"). The Memorial is defined in the MOU to include: the memorial sculpture, the granite base, the flagpole, the contributor wall(s), the seat wall, the bollards, and the associated lighting. Additionally, the MOU provides for the construction of improvements to City property at the Law Enforcement Memorial Park, located at 35th Street and the Boardwalk (the "Park" or "Premises"). The Memorial and the Park will be a symbol of reverence to the memory of law enforcement officers who lost their lives in the line of duty in Virginia Beach. ATTACHMENTS Exhibit A: the Memorial Exhibit B: a layout of the Park TERMS The Foundation and its contractors and subcontractors are required to have insurance at all times during construction. The Foundation will indemnify and hold harmless the City for any actions or omissions on the part of the Foundation or any of its agents, contractors, subcontractors, and employees. The MOU provides for the dedication of the Memorial after completion and acceptance by the City. After dedication and subject to funding, the City will be responsible for day-to-day maintenance and repair, including the removal of graffiti. The Foundation will be responsible for capital or enhanced maintenance. The Premises will be available to the Foundation for construction and installation activities of the Memorial. The Foundation will allow access during construction and installation of the Memorial and the Park at any reasonable time to the City, its agents, or employees. The improvements to City property include pavers within the 35th Street right-of-way, the realignment of the bike path, the relocation of the water fountain and shower currently at the Premises. If the City Purchasing Agent is able to make a sole source determination, the MOU will incorporate a cost participation agreement to allow for the City to provide an amount not exceeding $80,000 for the improvements to the Premises. EXHIBIT C — SUMMARY OF THE MOU The City will not be liable for the loss, damage, or destruction of the Memorial. However, subject to the availability and appropriation of funding including funds received from a tortfeasor or court-ordered restitution, the City will endeavor to repair damages to the Memorial. With regard to the Premises, subject to the availability and appropriation of funding, the City will be responsible for loss, damage or destruction. The Foundation will not do any act or permit any action to be taken that would result in a lien being placed upon the Premises. The MOU contains standard City contract provisions about, among other things, the independence of the contracting parties, the termination of the agreement, and the ability of either party to assign the agreement. 2 -95 - Item IV -K.8. ORDINANCES/RESOLUTIONS ITEM # 61585 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT. Ordinance to MODIFIY a $75, 000 interest-free loan to the Chesapeake Beach Volunteer Fire and Rescue Squad to extend dates of repayment Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 24, 2012 1 AN ORDINANCE TO AMEND AN INTEREST-FREE LOAN TO 2 THE CHESAPEAKE BEACH VOLUNTEER FIRE AND 3 RESCUE DEPARTMENT, INC. 4 5 WHEREAS, the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. 6 ("Rescue Squad") entered into a loan agreement ("Loan Agreement") with the City of 7 Virginia Beach and provided a promissory note ("Note") on or about February 22, 2011 for 8 the payment of an interest-free loan of $75,000 to purchase a pre -owned replacement 9 ambulance; and 10 11 WHEREAS, the ambulance has been damaged such that it is no longer serviceable; 12 and 13 14 WHEREAS, the Rescue Squad has requested an extension of the payment 15 schedule for six -months to allow it to make arrangements for salvage and other forms 16 recovery related to the damage. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA, THAT: 20 21 The City Manager is hereby authorized to execute an amendment to the Loan 22 Agreement, which is attached hereto and extends the payment schedule provided by the 23 Note, to allow the Rescue Squad additional time to pursue recovery and alternative means 24 of funding. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of 27 JAniiary , 2012• Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT Management Services APPROVED AS TO CONTENT: Emergency Medical Ser ' es CA12113 R-1 January 13, 2012 APPROVED AS TO LEGAL SUFFICIENCY: AMENDMENT ONE to Agreement Between the City of Virginia Beach and the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. THIS AMENDMENT is made and entered into this day of , 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. ("RESCUE SQUAD"), to amend the AGREEMENT between the CITY and the RESCUE SQUAD entered into on or about February 22, 2011. WHEREAS, the ambulance that as the subject of the previous AGREEMENT has been damaged such that it is no longer serviceable (the "OCCURRENCE"); and WHEREAS, the RESCUE SQUAD believes the OCCURRENCE is an extenuating circumstance as described in the AGREEMENT; and WHEREAS, the RESCUE SQUAD requests the CITY agree to provide a stay of the payment schedule for a minimum of six months to allow the RESCUE SQUAD to make arrangements for salvage and other actions — legal and otherwise — related to the OCCURRENCE; and WHEREAS, the CITY does not object to the stay of the payment schedule for six months. WITNESSETH NOW, THEREFORE, the RESCUE SQUAD and the CITY to agree to amend the AGREEMENT as follows: 1. The payment schedule provided for in the AGREEMENT shall be stayed for a period of six months, with the first payment being August 1, 2012, and all subsequent payments shall be on August 1 of the relevant year; and 2. The six month stay provided in Paragraph 1, supra, shall apply to the Promissory Note given by the Rescue Squad; and 3. All other covenants and promises shall continue in full force and effect. IN WITNESS WHEREOF, the parties have executed this AMENDMENT ONE on the day and year first above written. ATTEST: City Clerk APPROVED AS TO CONTENT: Virginia Beach EMS Virginia Beach Finance Virginia Beach Management Services CITY OF VIRGINIA BEACH, VIRGINIA James K. Spore, City Manager CHESAPEAKE BEACH VOLUNTEER FIRE AND RESCUE DEPARTMENT, INC. LON Title: 2 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office Item IV -K. 9. ORDINANCES/RESOLUTIONS ITEM # 61586 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT. - Resolution to REQUEST funding from the Commonwealth Transportation Board re an extension to Progress Lane and the City Manager to execute all necessary agreements Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 24, 2012 1 A RESOLUTION REQUESTING THE 2 COMMONWEALTH TRANSPORTATION BOARD 3 PROVIDE ECONOMIC DEVELOPMENT 4 ACCESS PROGRAM FUNDING FOR THE 5 EXTENSION OF PROGRESS LANE AND TO 6 AUTHORIZE THE CITY MANAGER TO ENTER 7 INTO ANY NECESSARY AGREEMENTS 8 RELATED THERETO 9 10 WHEREAS, the City of Virginia Beach (the "City") desires to continue to develop 11 property for the purpose of economic development within Phases V and VI of the 12 London Bridge Industrial Park located off of Progress Lane in the City; and 13 14 WHEREAS, IMS Gear Holding, Inc. has entered into a long term lease 15 agreement with Oceana Development, LLC to develop the property and construct the 16 necessary facilities in the City for the purpose of manufacturing gear assemblies used in 17 automatic automotive seats; and 18 19 WHEREAS, this new facility is expected to involve new private capital investment 20 in land, building, and equipment of approximately $35 million and IMS Gear Virginia, 21 Inc. is expected to employ sixty to eighty (60-80) persons at this facility; and 22 23 WHEREAS, operations are expected to begin at this new facility on or about 24 August 31, 2012; and 25 26 WHEREAS, the subject property has no access to a public street or highway and 27 will require Progress Lane to be extended; and 28 29 WHEREAS, the City of Virginia Beach hereby provides that the necessary 30 environmental analysis, mitigation, fee simple right of way and utility relocations or 31 adjustments, if necessary, for this project, will be provided at no cost to the Economic 32 Development, Airport and Rail Access Fund; and 33 34 WHEREAS, the City of Virginia Beach acknowledges that no land disturbance 35 activities may occur within the limits of the proposed access project prior to appropriate 36 notification from the Department of Transportation; and 37 38 WHEREAS, the City of Virginia Beach hereby guarantees that all ineligible 39 project costs and all costs not justified by eligible capital outlay will be provided from 40 sources other than those administered by the Virginia Department of Transportation. 41 42 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA: 44 45 1. That the City of Virginia Beach hereby requests that the Commonwealth 46 Transportation Board provide Economic Development Access Program funding to 47 provide an adequate road to this property; and 48 49 2. That the City of Virginia Beach City Council hereby agrees that the new 50 segment of Progress Lane roadway so constructed will be added to and become a part 51 of the City of Virginia Beach's road system; and 52 53 3. That the City Manager is hereby authorized to execute on behalf of the 54 City of Virginia Beach any necessary project agreements related to paragraphs 1 and 2, 55 supra. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of January , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Economic Development CA12103 R-2 January 13, 2012 City Attorney's Office oo ,SIC 10 0 I. 00 00 -97 - Items IV-K10.a/b/c/d/e/f/g/h/i ORDINANCES/RESOLUTIONS ITEM # 61587 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, re repair and replacement of bulkheads, anchor piles, return walls, landing platforms, etc. damaged by "Hurricane Irene" on Ocean View Avenue at Chesapeake Beach: (DISTRICT 4 — BAYSIDE): Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 24, 2012 Items IV-KIO.a ORDINANCES/RESOLUTIONS ITEM # 61587a a. ROGER T. and ELIZABETH K. GREGORY TRUSTEES OF ROGER T. and ELIZABETH K. GREGORY at the rear of 5008 Lauderdale Avenue; subject to: 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 as well as the City's specifications and approval. 2. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachment herein authorized 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. 4. 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. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than 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. 6. 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. 7. It is further expressly understood and agreed that the Grantee must obtain a building permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit'). 8. It is further expressly understood and agreed that the seaward extent of the Temporary Encroachment shall not extend past the seaward toe of the sand dune. 9. 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 with 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 January 24, 2012 Items IV-K.10.a ORDINANCES/RESOLUTIONS ITEM # 61587a (Continued) contingent, with relation to the construction, location and/or existence of the Temporary Encroachment. 10. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. 11. It 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 Public Utilities Department. 12. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary 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. If such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day the Temporary Encroachment is allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. January 24, 2012 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF PUBLIC RIGHT - 6 OF -WAY KNOWN AS OCEAN VIEW 7 AVENUE (CHESAPEAKE BEACH) 8 LOCATED AT THE REAR OF 5008 9 LAUDERDALE AVENUE, FOR 10 PROPERTY OWNERS ROGER T. AND 11 ELIZABETH K. GREGORY, TRUSTEES 12 OF THE ROGER T. AND ELIZABETH 13 K. GREGORY REVOCABLE LIVING 14 TRUST 15 16 WHEREAS, Roger T. and Elizabeth K. Gregory, Trustees of the Roger T. and 17 Elizabeth K. Gregory Revocable Living Trust, desire to construct and maintain a 18 proposed bulkhead (35LF), anchor piles (6' O.C.) and a return wall on a portion of public 19 right-of-way known as Ocean View Avenue (Chesapeake Beach), located at the rear of 20 5008 Lauderdale Avenue, Virginia Beach, Virginia; and 21 22 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 23 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 24 public rights-of-way subject to such terms and conditions as Council may prescribe. 25 26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Roger T. and Elizabeth K. 3o Gregory Trustees of the Roger T. and Elizabeth K. Gregory Revocable Living Trust, (the 31 "Trust") assigns and successors in title are authorized to maintain existing temporary 32 encroachments for a proposed bulkhead (35LF), anchor piles (6' O.C.) and a return wall 33 on a portion of City property as shown on the map marked Exhibit "A" and entitled: 34 "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40' — 0" FOR THE ROGER T. AND 35 ELIZABETH K. GREGORY REVOCABLE LIVING TRUST 5008 LAUDERDALE AVE 36 VIRGINIA BEACH, VA 23455," a copy of which is on file in the Department of Public 37 Works and to which reference is 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 the Trust (the "Agreement"), which is attached hereto and 42 incorporated by reference; and 43 44 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 45 hereby authorized to execute the Agreement; and 46 47 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 48 time as Roger T. Gregory and Elizabeth K. Gregory, the trustees, and the City Manager 49 or his authorized designee execute the Agreement. 50 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day 53 of January- , 2012. CA -11967 R-1 PREPARED: 1/18/12 APPROVED AS TO CONTENTS f� C PbALIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM k&,Gy-A-) 7n A-) 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 12th day of January, 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ROGER T. GREGORY AND ELIZABETH K. GREGORY TRUSTEES OF THE ROGER T. AND ELIZABETH K. GREGORY REVOCABLE LIVING TRUST, and ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of those certain lots, tracts, or parcels of land designated and described as "Lots 17 and 18 in Block 19," as shown on that certain plat entitled: "CHESAPEAKE PARK Property of LYNNHAVEN REALTY CORPORATION 319-321 Seaboard Bank Bldg. NORFOLK, VA. Scale 1 inch = 200 ft. C. F. PETRIE, C.E., NORFOLK, VA. May 1910" and "CHESAPEAKE PARK PRINCESS ANNE CO, VA. Scale 1" = 200 ft. Amended Plat made from Blueprint, with certain changes for A. M. Ward, Oct. 14th, 1919, C. F. PETRIE, C.E.," and said plats are recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 4, at page 47 and in Map Book 6, at page 123, respectively, and being further designated, known, and described as 5008 Lauderdale Avenue, Virginia Beach, Virginia 23455 (the "Property"); GPIN'S: (UNIMPROVED CITY RIGHT-OF-WAY — KNOWN AS OCEAN VIEW AVENUE - NO GPIN REQUIRED OR ASSIGNED) 1570-43-5104-0000; (5008 Lauderdale Avenue) WHEREAS, it is proposed by the Grantee to construct and maintain a proposed bulkhead (35LF), anchor piles (6' O.C.) and a return wall, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing unimproved City right -of way known as Ocean View Avenue located at the rear of 5008 Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and WHEREAS, pursuant to the local emergency declared by the City Manager due to Hurricane Irene as confirmed by City Council Ordinance 3196N, adopted September 6, 2011 (the "Emergency Declaration"), the Property is exempted from the requirements of the Coastal Primary Sand Dune Ordinance with regard to the Proposed Bulkhead, Anchor Piles and Return Wall only; 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: 2 "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" FOR THE ROGER T. AND ELIZABETH K. GREGORY REVOCABLE LIVING TRUST 5008 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 DATE: 12/14/2011 SHEET NO. 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. 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. 3 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 building 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 seaward extent of the Temporary Encroachment shall not extend past the seaward toe of the sand dune. 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 0 by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 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, Roger T. Gregory and Elizabeth K. Gregory, Trustees of the Roger T. and Elizabeth K. Gregory Revocable Living Trust, 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 , 2012, 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 , 2012, 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: G Notary Public (SEAL) The Roger T. and Elizabeth K. Gregory Revocable Living Trust By Roger T. Greg ry, Trustee By 4�44' Elizab th K. Gregory, Trust e ST TE OF �� CI UNTY OF V;qkF!-�-7Alfi The foregoing instrument was acknowledged before me this l Zt day of 2012, by Roger T. Gregory Trustee on behalf of Th oger T. and Elizabeth K. Gregory Revocable Living Trust. i EAL) Notary Registration Number: My Commission Expires: Notary Public WA 4?0 ARYI11 STATE OF lC= ►- CIT_YXOUNTY OF ?�cAc;,+, to -wit: The foregoing instrument was acknowledged before me this day of 2012, by Elizabeth K. Gregory Tri e on�alf of Tf a Roger T. and Elizabeth K. Gregory Revocable Living Trust. (SE ) Public Notary Registration Number: .7D93i2-Z My Commission Expires: ;q�) Zvl� APPROVED AS TO CONTENTS C)� SIWIATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ot&w:hl rbv� DEBRA M. BRYAN, ASSOCIATE CITY ATTORNEY -- ----- MLW p MEAN LOW WATER (-1.57 NAVD88) j( L •— b_ V _ E S C H — E d MHW'� � O . MEAN HIGH WATER (+0.98 NAVD88) 3 � „ PROPOSED 00 0 0 50' SEAWARD w w BUFFER BULKHEAD 3 3 (35LF)=4 LIMITS OF I ^� O 50' LANDWARD DISTURBANCESUFFER —� TOE OF SAND PILES PLACED —•_._ —� BY CITY OF VIRGINIA BEACH,OCEAN --VIEW AVE SURVEYED MB 6 PG 123 — — 29 SEPTEMBER, 2011 —� SILT FENCE EXIST TOE OF SLOPE LIMITS OF FILL (ELEV.= 12.0) GRAPHIC SCALE 0 20 40 80 1 INCH = 40 FEET T .� h� o; JA ES V B�Sb O III �~> LI•C. ida. 024:x'05 /PL O 6" O.C. S 64'09'15" E 0 Lo 50.00' 1 o 5008 z 0- r, J.W. BRAWLEY, PE P.O. BOX 7035 WILLIAMSBURG, VIRGINIA 23188 TEL. 757-645-6680 3 un o 0 0 oN u4 O N V) N r - O I I 0 r z 0- 0 WALL 5,64'0��15" E -�,-50.00:.- , .:1 t CONNECT PROPOSED BULKHEAD TO EXIST. CMU WALL SEE DETAIL ------------- ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'-0" FOR THE ROGER T. AND ELIZABETH K. GREGORY REVOCABLE LIVING TRUST 5008 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 100" � WIDTH IAB 00 ul 0 u7 I M I 0 f` U7 EXISTING CMU WALL N 1� CP Ns L Z Z d " LAUDERDALE AVENUE ME (FORRLY LAKE AVENUE) 50 R/W - MB 6 PG 123 S 64 09'15" E IN: VIRGINIA BEACH AT: CITY: VIRGINIA BEACH STATE: VIRGINIA DATUM: NAVD88 DATE: 12/14/2011 SHEET NO. 1 OF 2 G EXISTING L) JAMES W, BRAYLEY III LIC. No. 024305 J.W. BRAWLEY. PE P.O. BOX 7035 OSBURG. VIRGINIA 23188 TEL PROPERTY LINE PROPOSED CMU SERIES 750 VINYL SHEET PILE WALL L 2' X 2" X 1/4" X 5' (GALV.) 1/2" DIA. THROUGH BOLT WITH WASHERS 1/2- X 6" ANCHOR BOLT 0 8" O.C. FILL CELLS WITH GROUT FULL, HEIGHT AT CORNER ENCROACHMENT EXHIBIT "A" BULKHEAD CONNECTION TO CMU WALL. DETAIL SCALE: N.T.S. FOR THE ROGER T. AND ELIZABETH K. GREGORY REVOCABLE LIVING TRUST 5008 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 IN: VIRGINIA BEACH AT: CITY VIRGINIA BEACH STATE: VIRGINIA DATUM: NAV88 DATE: 10/28/2011 SHEET NO. 2 OF 2. i I z--StiT•? f � 2 7 O w t � m 'v $, y O W H °c H a` a -100 - Items IV-K.10.b ORDINANCES/RESOLUTIONS ITEM # 61587b b. KELSEYS. and JEANSTEWART at the rear of 5014 Lauderdale Avenue; subject to: 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 as well as the City's specifications and approval. 2. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachment herein authorized 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. 4. 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. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than 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. 6. 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. 7. It is further expressly understood and agreed that the Grantee must obtain a building permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit'). 8. It is further expressly understood and agreed that the Grantee must obtain a Coastal Primary Sand Dune Permit from the Wetlands Board for any existing, replacement or proposed encroachment not exempted pursuant to the Emergency Declaration or otherwise allowed under Section 1602 of the City Zoning Ordinance. 9. It is further expressly understood and agreed that the seaward extension of the Temporary Encroachment shall not extend past the seaward toe of the sand dune. 10. 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 combined single limits of such insurance policy or policies. The Grantee will provide January 24, 2012 -101 - Item s 101 - Items IV-KIO.b ORDINANCES/RESOLUTIONS ITEM# 61587b (Continued) endorsements with 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. H. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. 12. It is further expressly understood and agreed that the Grantee must submit, for review and approval, a survey of the Encroachment Area, certified by a Registered Professional Engineer or a Licensed Land Surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a Registered Professional Engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 13. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes, may require the Grantee to remove the Temporary Encroachment and, pending such removal, the City may charge the Grantee for the use of the Encroachment Area the equivalent of what would be the real property tax upon the land so occupied, if it were owned by the Grantee. If such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day the Temporary Encroachment is allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. January 24, 2012 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF PUBLIC RIGHT - 6 OF -WAY KNOWN AS OCEAN VIEW 7 AVENUE (CHESAPEAKE BEACH) 8 LOCATED AT THE REAR OF 5014 9 LAUDERDALE AVENUE, FOR 10 PROPERTY OWNERS KELSEY S. 11 STEWART AND L. JEAN STEWART 12 13 WHEREAS, Kelsey S. Stewart and L. Jean Stewart desire to construct and 14 maintain a proposed bulkhead (37.5LF), anchor piles (6' O.C.), and maintain an existing 15 walkway and stairs for beach access on a portion of public right-of-way known as 16 Ocean View Avenue (Chesapeake Beach), located at the rear of 5014 Lauderdale 17 Avenue, Virginia Beach, Virginia; and 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 public rights-of-way subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Kelsey S. Stewart and L. 27 Jean Stewart, their heirs, assigns and successors in title are authorized to maintain 28 existing temporary encroachments for a proposed bulkhead (37.5LF), anchor piles (6' 29 O.C.), and maintain an existing walkway and stairs for beach access on a portion of City 30 property as shown on the map marked Exhibit "A" and entitled: "ENCROACHMENT 31 EXHIBIT "A" SCALE: 1" = 40' — 0" FOR KELSEY & JEAN STEWART 5014 32 LAUDERDALE AVENUE VIRGINIA BEACH, VA 23455," a copy of which is on file in the 33 Department of Public Works and to which reference is made for a more particular 34 description; and 35 36 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 37 subject to those terms, conditions and criteria contained in the Agreement between the 38 City of Virginia Beach and Kelsey S. Stewart and L. Jean Stewart (the "Agreement"), 39 which is attached hereto and incorporated by reference; and 40 41 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 42 hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 45 time as Kelsey S. Stewart and L. Jean Stewart, and the City Manager or his authorized 46 designee execute the Agreement. 47 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day Of January , 2012. CA -11968 R-1 PREPARED: 1/18/12 APPROVED AS TO CONTENTS ' C+ • �uliJ iiW� IAALIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM -wzlt�A 64AA4) 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 13th day of January, 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and KELSEY S. STEWART and L. JEAN STEWART, 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 B in Block 19," as shown on that certain plat entitled: "RESUBDIVISION OF LOT 14, 15, 16, 25, 26 and 27 BLOCK 19 CHESAPEAKE PARK, M. B. 6 P. 123 BAYSIDE BOROUGH VIRGINIA BEACH, VA., SCALE 1" = 20', 22 OCTOBER 1985, 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 in Deed Book 2503, at page 290, and being further designated, known, and described as 5014 Lauderdale Avenue, Virginia Beach, Virginia 23455 (the "Property"); WHEREAS, it is proposed by the Grantee to construct and maintain a proposed bulkhead (37.51-F) and anchor piles (6' O.C.), and maintain an existing walkway and stairs, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN'S: (UNIMPROVED CITY RIGHT-OF-WAY — KNOWN AS OCEAN VIEW AVENUE - NO GPIN REQUIRED OR ASSIGNED) 1570-43-4162-0000; (5014 Lauderdale Avenue) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing unimproved City right -of way known as Ocean View Avenue located at the rear of 5014 Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and WHEREAS, pursuant to the local emergency declared by the City Manager due to Hurricane Irene as confirmed by City Council Ordinance 3196N, adopted September 6, 2011 (the "Emergency Declaration'), the Property is exempted from the requirements of the Coastal Primary Sand Dune Ordinance with regard to the Proposed Bulkhead and Anchor Piles only; 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: "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" FOR KELSEY & JEAN STEWART 5014 LAUDERDALE AVENUE VIRGINIA BEACH, VA 23455 DATE: 12/14/2011 SHEET NO. 1 OF 1," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. I? 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 obtain a building permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 3 It is further expressly understood and agreed that the Grantee must obtain a Coastal Primary Sand Dune Permit from the Wetlands Board for any existing, replacement, or proposed encroachment not exempted pursuant to the Emergency Declaration or otherwise allowed under Section 1602 of the City Zoning Ordinance. It is further expressly understood and agreed that the seaward extend of the Temporary Encroachment shall not extend past the seaward toe of the sand dune. 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 ki by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 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, Kelsey S. Stewart and L. Jean Stewart, 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 , 2012, 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 , 2012, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: 6 (SEAL) B )�� Kelsey)6. St rt, Owner By Jean Stewart, Ow er r STATE OF CITY/ o -wit: The foregoi in trument was acknowledged before me this day of 2012, by Kelsey S. Stewart. Notary Registration Number: My Commission Expires: Notary JUDY REED NOTARY PUBLIC jit:uISTfiA ION # 193209 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES t hl; 30. 2013 r STATE O CITY/G0l T] Y F ms's` tv-wit: The g strument was acknowledged before me this day of 2012, by L. Jean StewE Notary Registration Number: My Commission Expires: JUDY REED NOTARY PUBLIC EMRYIICOMMISSION GISTRATION # 193209 ONWEALTH OF VIRGINIA EXPIRES DUNE 30, z013 (SEAL) APPROVED AS TO CONTENTS C %Sly SIQxWATURE Pb ll =ct^ DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ULAML�n awak6-1 DEBRA M. BRYAN, ASSOCIATE CITY ATTORNEY -___------------MLW- '------------- R MEAN LOW WATER (-1.57 NAV088) "� E A K _ CHE S _ MHW I MEAN HIGH WATER (+0.98 NAVD88) -- , 212M PROPOSED 0 0 ° o TIN WALKWAY /-EXISTING 50' SEAWARD BULKHEAD X033 AND STAIRS BUFFER (37.5LF) LIMITS OFNDWARD DISTURBANCE _ _ _----�� _ `�\\ 50' LA BUFFER jl��- TOE OF SAND PILES PLACED --- BY CITY OF VIRGINIA BEACH, OCEAN VIEW AVE SURVEYED 2011 70' R/W - MB 6 PG 123 CONTRACTOR TO AVOID 29 SEPTEMBE, I DAMAGE TO LIVE OAK TREE SILT FENCE — EXIST TOE OF SLOPE LIMITS OF FILL (ELEV.= 12.0) CONTRACTOR TO REPAIR WALKWAY AFTER CONSTRUCTING TOE WALL GRAPHIC SCALE 0 20 40 80 1 INCH = 40 FEET AES f4 BRA 'Ef III LIC_ NAa, 024305 ;1100 1 10 i II S 64-09-15- 37.50' PL d� O to 64'09'15" E 37.50' o �� Lo\100' VARIABLE 0 o o WIDTH BUFFER NItO N N 0 0 a LAUDERDALE c, AVENUE (FORMERLY LAKE AVENUE) 50' R/W - MB 6 PG 123 ENCROACHMENT EXHIBIT "A" IN: VIRGINIA BEACH J.W. BRAWLEY, PE AT: P.O. BOX 7035 SCALE: 1" = 40'-0" CITY: VIRGINIA BEACH WILLIAMSBURG, VIRGINIA 23188 FOR STATE: VIRGINIA TEL. 757-645-6680 KELSEY & JEAN STEWART DATUM: NAVD88 5014 LAUDERDALE AVE DATE: 12/14/2011 VIRGINIA BEACH, VA 23455 1 SHEET NO. 1 OF 1 ti / ri F- w T wD U-0 a w&- Z a,WZw QcNo ww�, U O ZZ?Q� 0 L Jap U •� � o � i— � � W ro Y 5- VUN=Z N z cv p0WQa U J 'T LL ,c Oy ZW� L) 5� a CL (A WY� g c o as C' x LL LLJ i r- 441 t r 1 , w J / I f � I h f 7, / i , i "V 1 1 i i , W ir Q , f J rrww / -102 - Items IV-K.10.c ORDINANCES/RESOL UTIONS ITEM # 61587c CHARLES O. STAINBACK at the rear of 5016 Lauderdale Avenue; subject to: 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 as well as the City's specifications and approval. 2. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachment herein authorized 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. 4. 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. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than 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. 6. 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. 7. It is further expressly understood and agreed that the Grantee must obtain a building permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit'). 8. It is further expressly understood and agreed that the seaward extension of the Temporary Encroachment shall not extend past the seaward toe of the sand dune. 9. 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 with 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. January 24, 2012 -103 - Items IV-K.10.c ORDINANCESIRESOLUTIONS ITEM# 61587c (Continued) 10. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. 11. 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 Public Utilities Department. 12. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary 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. If such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day the Temporary Encroachment is allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. January 24, 2012 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF PUBLIC RIGHT - 6 OF -WAY KNOWN AS OCEAN VIEW 7 AVENUE (CHESAPEAKE BEACH) 8 LOCATED AT THE REAR OF 5016 9 LAUDERDALE AVENUE, FOR 10 PROPERTY OWNER CHARLES O. 11 STAINBACK 12 13 WHEREAS, Charles O. Stainback desires to construct and maintain a proposed 14 bulkhead (37.5LF), and anchor piles (6' O.C.) on a portion of public right-of-way known 15 as Ocean View Avenue (Chesapeake Beach), located at the rear of 5016 Lauderdale 16 Avenue, Virginia Beach, Virginia; and 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 public rights-of-way subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Charles O. Stainback, his 26 heirs, assigns and successors in title are authorized to maintain existing temporary 27 encroachments for a proposed bulkhead (37.5LF), and anchor piles (6' O.C.) on a 28 portion of City property as shown on the map marked Exhibit "A" and entitled: 29 "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" FOR CHARLES O. STAINBACK 30 & JOAN P. STAINBACK 5016 LAUDERDALE AVE VIRGINIA BEACH, VA 23455," a 31 copy of which is on file in the Department of Public Works and to which reference is 32 made for a more 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 Charles O. Stainback (the "Agreement"), which is attached 37 hereto and incorporated by reference; and 38 39 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 4o hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 43 time as Charles O. Stainback and the City Manager or his authorized designee execute 44 the Agreement. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day 47 Of January , 2012. CA -11969 R-1 PREPARED: 1/18/12 APPROVED AS TO CONTENTS Cr C - cy�" PLWLIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM 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 17th day of January, 2012, by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CHARLES O. STAINBACK, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. JOAN P. STAINBACK having departed this life on January 31, 2011, the property referred to herein vested in CHARLES O. STAINBACK, as survivor of the tenancy by the entirety with rights of survivorship as at common law. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot A in Block 19," as shown on that certain plat entitled: "RESUBDIVISION OF LOT 14, 15, 16, 25, 26, and 27 BLOCK 19 CHESAPEAKE PARK M. B. 6 P. 123 BAYSIDE BOROUGH VIRGINIA BEACH, VA. SCALE: 1" = 20' 22 OCTOBER 1985, 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 in Deed Book 2503, at page 290, and being further designated, known, and described as 5016 Lauderdale Avenue, Virginia Beach, Virginia 23455 (the "Property"); GPIN'S: (UNIMPROVED CITY RIGHT OF WAY — KNOWN AS OCEAN VIEW AVENUE - NO GPIN REQUIRED OR ASSIGNED) 1570-43-4124-0000; (5016 Lauderdale Avenue) WHEREAS, it is proposed by the Grantee to construct and maintain a proposed bulkhead (37.5LF), and anchor piles (6' O.C.), collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing unimproved City right -of way known as Ocean View Avenue located at the rear of 5016 Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and WHEREAS, pursuant to the local emergency declared by the City Manager due to Hurricane Irene as confirmed by City Council Ordinance 3196N, adopted September 6, 2011 (the "Emergency Declaration"), the Property is exempted from the requirements of the Coastal Primary Sand Dune Ordinance with regard to the Proposed Bulkhead and Anchor Piles only; 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: 0j "ENCROACHMENT EXHIBIT "A" SCALE: V = 40'— 0" FOR CHARLES O. STAINBACK & JOAN P. STAINBACK 5016 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 DATE: 12/14/2011 SHEET NO. 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. 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. 3 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 building 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 seaward extend of the Temporary Encroachment shall not extend past the seaward toe of the sand dune. 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 0 by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 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, Charles O. Stainback, the said Grantee, has caused this Agreement to be executed by his signature. 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 , 2012, 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 , 2012, 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: C Notary Public (SEAL) harles O. Stain ack, Owner STATE OF CITY/COUNTY _�2/4 -- to -wit: The foregoing instrument was acknowledged before me this 17 day of 2012, by Charles O Stainback. I -ori T. Klinelei4er Notary Registration Number: NOTARY PUBLIC Flo,. # 7176179 My Commission Expires: t" GoIrg ;ission Ex.0ir63 650/201 APPROVED AS TO CONTENTS S)Qan�,Y C � a,,!A)e4(Y, SI ATURE D PARTMENT 7 APPROVED AS TO LEGAL SUFFICIENCY AND FORM DEBRA M. BRYAN, ASSOCIATE CITY ATTORNEY 3s YT ld} i/fr ,pip LIMITS OF FILL (ELEV.= 12.0) GRAPHIC SCALE 0 20 40 80 I I I 1 INCH = 40 FEET JAES Vii, BRdWLEY II{ LIC: Na024306 Z`N :0iklAlr PROPOSED Lot X Lot A BULKHEAD (37.5LF) Ln 't O r N g -- _ --- __-- - 100' VARIABLE 1 w �o 0 �4 N Lot Y Lot N z J.W. BRAWLEY, PE P.O. BOX 7035 WILLIAMSBURG, VIRGINIA 23188 TEL. 757-645-6680 L 0 O Ur7 MI: OIr � z c� 50.00' 37.50'' S 64'09'15" E ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'-0" FOR CHARLES 0. STAINBACK & JOAN P. STAINBACK 5016 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 WIDTH BUFFER LAUDERDALE AVENUE (FORMERLY LAKE AVENUE) 50' R/W - MB 6 PG 123 IN: VIRGINIA BEACH AT: CITY: VIRGINIA BEACH STATE: VIRGINIA DATUM: NAVD88 DATE: 12/14/2011 SHEET NO. 1 OF 1 -------IMHW- B MEAN LOW WATER (-1.57 NAVD88) -- yaw__ ---' C G�� MHW J CHES_APEA MEANHIGH WATER (+0.98 NAVD88) SEAWARD BUFFER 0000 0044 50' LANDWARD 3 BUFFER LIMITS OF r DISTURBANCE -77--- TOE OF SAND PILES PLACED TOE OCEAN VIEW AVE BY CITY OF VIRGINIA BEACH, - -30' _ 70' R/W - MB s Pc 123 SURVEYED _'. .............. 29 SEPTEMBER, 2011- •� SILT FENCE EXIST TOE OF SLOPE PROPOSED _ 10' I ANCHOR PILES s 64'09'15"1E 37.50' . _ _ _ .. O 6 O.C. 50.00' LIMITS OF FILL (ELEV.= 12.0) GRAPHIC SCALE 0 20 40 80 I I I 1 INCH = 40 FEET JAES Vii, BRdWLEY II{ LIC: Na024306 Z`N :0iklAlr PROPOSED Lot X Lot A BULKHEAD (37.5LF) Ln 't O r N g -- _ --- __-- - 100' VARIABLE 1 w �o 0 �4 N Lot Y Lot N z J.W. BRAWLEY, PE P.O. BOX 7035 WILLIAMSBURG, VIRGINIA 23188 TEL. 757-645-6680 L 0 O Ur7 MI: OIr � z c� 50.00' 37.50'' S 64'09'15" E ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'-0" FOR CHARLES 0. STAINBACK & JOAN P. STAINBACK 5016 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 WIDTH BUFFER LAUDERDALE AVENUE (FORMERLY LAKE AVENUE) 50' R/W - MB 6 PG 123 IN: VIRGINIA BEACH AT: CITY: VIRGINIA BEACH STATE: VIRGINIA DATUM: NAVD88 DATE: 12/14/2011 SHEET NO. 1 OF 1 UJ z W LVz CL > LLI < uj 0LLIN�� o Lij LLJ U) —i UUP Z_ 04 4 0 CL C14 0 U z LLI 0 LL O C4 CO) IL IL -104 - Items IV-K.10.d ORDINANCES/RESOLUTIONS ITEM# 61587d d. ELIZABETH STUART SCHULLER at the rear of 5022 Lauderdale Avenue, subject to: 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 as well as the City's specifications and approval. 2. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachment herein authorized 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. 4. 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. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than 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. 6. 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. 7. It is further expressly understood and agreed that the Grantee must obtain a building permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit'). 8. It is further expressly understood and agreed that the seaward extension of the Temporary Encroachment shall not extend past the seaward toe of the sand dune. 9. 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 with 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. January 24, 2012 -105 - Items IV-K.IO.d ORDINANCES/RESOLUTIONS ITEM # 6158V (Continued) 10. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. 11. 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 Public Utilities Department. 12. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary 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. 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 (V00.00) per day for each and every day the Temporary Encroachment is allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. January 24, 2012 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF PUBLIC RIGHT - 6 OF -WAY KNOWN AS OCEAN VIEW 7 AVENUE (CHESAPEAKE BEACH) 8 LOCATED AT THE REAR OF 5022 9 LAUDERDALE AVENUE, FOR to PROPERTY OWNER ELIZABETH 11 STUART SCHULLER, SUCCESSOR 12 TRUSTEE OF THE JOAN P. 13 STAINBACK FAMILY TRUST, 14 ESTABLISHED ON JANUARY 31, 2011 15 16 WHEREAS, Elizabeth Stuart Schuller, Successor Trustee of the Joan P. 17 Stainback Family Trust, established on January 31, 2011, desires to construct and 18 maintain a proposed bulkhead (50LF), and anchor piles (6' O.C.) on a portion of public 19 right-of-way known as Ocean View Avenue (Chesapeake Beach), located at the rear of 2o 5022 Lauderdale Avenue, Virginia Beach, Virginia; and 21 22 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 23 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 24 public rights-of-way subject to such terms and conditions as Council may prescribe. 25 26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Elizabeth Stuart Schuller, 30 Successor Trustee of the Joan P. Stainback Family Trust, established on January 31, 31 2011, (the "Trust"), its assigns and successors in title are authorized to maintain 32 existing temporary encroachments for a proposed bulkhead (50LF), and anchor piles (6' 33 O.C.) on a portion of City property as shown on the map marked Exhibit "A" and 34 entitled: "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40' — 0" FOR JOAN P. 35 STAINBACK FAMILY TRUST 5022 LAUDERDALE AVE VIRGINIA BEACH, VA 23455," 36 a 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 the Trust (the "Agreement"), which is attached hereto and 42 incorporated by reference; and 43 44 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 45 hereby authorized to execute the Agreement; and 46 47 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 48 time as Elizabeth Stuart Schuller, Successor Trustee, and the City Manager or his 49 authorized designee execute the Agreement. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day 52 Of January , 2012. CA -11970 R-1 PREPARED: 1/18/12 APPROVED AS TO CONTENTS S"kTj' C'G 1 '�-As P LIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM 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 17th day of January, 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ELIZABETH STUART SCHULLER, Successor Trustee of the Joan P. Stainback Family Trust, established on January 31, 2011, and 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 X in Block 19," as shown on that certain plat entitled: "RESUBDIVISION OF PROPERTY LOTS 12, 13, 28 & 29 BLOCK 19 CHESAPEAKE PARK M.B. 6 P. 123, BAYSIDE BOROUGH VIRGINIA BEACH, VA. SCALE: 1" = 20' 30 AUGUST 1988, 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 in Deed Book 2785, at page 1365, and being further designated, known, and described as 5022 Lauderdale Avenue, Virginia Beach, Virginia 23455 (the "Property"); WHEREAS, it is proposed by the Grantee to construct and maintain a proposed bulkhead (501-F), and anchor piles (6' O.C.), collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN'S: (UNIMPROVED CITY RIGHT-OF-WAY — KNOWN AS OCEAN VIEW AVENUE - NO GPIN REQUIRED OR ASSIGNED) 1570-43-3175-0000; (5022 Lauderdale Avenue) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing unimproved City right -of way known as Ocean View Avenue located at the rear of 5022 Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and WHEREAS, pursuant to the local emergency declared by the City Manager due to Hurricane Irene as confirmed by City Council Ordinance 3196N, adopted September 6, 2011 (the "Emergency Declaration'), the Property is exempted from the requirements of the Coastal Primary Sand Dune Ordinance with regard to the Proposed Bulkhead and Anchor Piles only; 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: "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" FOR JOAN P. STAINBACK FAMILY TRUST 5022 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 DATE: 12/14/2011 SHEET NO. 1 OF 1," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 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 building permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). t, It is further expressly understood and agreed that the seaward extend of the Temporary Encroachment shall not extend past the seaward toe of the sand dune. 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 Public Utilities Department. 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 M 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, Elizabeth Stuart Schuller, Successor Trustee of the Joan P. Stainback Family Trust, established on January 31, 2011, the said Grantee, has caused this Agreement to be executed by her signature pursuant to due authority. 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 , 2012, 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 , 2012, 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: CI Notary Public (SEAL) Elizabeth Stuart Schuller, Successor Trustee of the Joan P. Stainback Family Trust, established on January 31, 2011 STATE OF CITY/COUNTY Old , to -wit: The foregoing instrument was acknowledged before me this day of 2012, by Elizabeth Stuart Schuller, Successor Trustee of the Joan Stainback Family Trust, established on January 31, 2011. 1 Notary Public tom:• ;" Lori T. KNnefeltet Notary Registration Number: NOTARY Puel.l Commonwealth of Virginia My Commission Expires: Reg. # 7176179 My Germmi2siun Exitm APPROVED AS TO CONTENTS �i�' C. SI NATURE DEPARTMENT 7 APPROVED AS TO LEGAL SUFFICIENCY AND FORM khhu�� ay DEBRA M. BRYAN, ASSOCIATE CITY ATTORNEY __------------ MLW - MEAN LOW WATER (-1.57 NAVD88) C MHW- E MEAN HIGH WATER (+0.98 NAVD88) 0200 PROPOSED 3 3 BULKHEAD (50 O ^ M ,1 LIMITS OF DISTURBANCE _ TOE OF SAND PILES PLACED BY CITY OF VIRGINIA BEACH, 30' SURVEYED _. 29 SEPTEMBER, 2011 i EXIST TOE OF SLOPE — I �~ LIMITS OF FILL (ELEV.= 12.0) PROPOSED - ANCHOR PILES , O 6' O.C. 50' SEAWARD BUFFER 50' LANDWARD BUFFER 10' S 64'09'15"I E _ 50.00' 37.50' Lot X Lot A L O r 6 M It CV I I 0 r - u) GRAPHIC SCALE 0 20 40 80 1 INCH = 40 FEET W- TH Off' �E AJES W, BRAW0,III LIG. No, 024305 w o o N Lot Y Lot V z 0 Lf) 0 o 0 r� I � I 0 o r I� to _ z z 50.00' 37.50' S 64'09'15" E LAUDERDALE AVENUE (FORMERLY LAKE AVENUE) 50' R/W - MB 6 PG 123 r.L CL IkN O 14 CO) tm -106- Items 106- Items IV-K.10.e ORDINANCES/RESOLUTIONS ITEM # 61587e e. ANDREW M. FISCHER at the rear of 5026 Lauderdale Avenue; subject to: 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 as well as the City's specifications and approval. 2. Providing however, nothing herein shall prohibit the City from immediately removing or ordering the Grantee to remove, all or any part of, the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 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. 4. 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. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than 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. 6. 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 building permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit'). 8. It is further expressly understood and agreed that the Grantee must obtain a Coastal Primary Sand Dune Permit from the Wetlands Board for any existing, replacement or proposed encroachment not exempted pursuant to the Emergency Declaration or otherwise allowed under Section 1602 of the City Zoning Ordinance. 9. It is further expressly understood and agreed that the seaward extension of the Temporary Encroachment shall not extend past the seaward toe of the sand dune. 10. 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 January 24, 2012 -107 - Items IV-K.10.e ORDINANCES/RESOLUTIONS ITEM # 61587e (Continued) Grantee will provide endorsements with 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. 11. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. 12. It is further expressly understood and agreed that the Grantee must submit, for review and approval, a survey of the Encroachment Area certified by a Registered Professional Engineer or a Licensed Land Surveyor and/or "as built" plans of the Temporary Encroachment sealed by a Registered Professional Engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 13. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes, may require the Grantee to remove the Temporary Encroachment and, pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee. If such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day the Temporary Encroachment is allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. January 24, 2012 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF PUBLIC RIGHT - 6 OF -WAY KNOWN AS OCEAN VIEW 7 AVENUE (CHESAPEAKE BEACH) 8 LOCATED AT THE REAR OF 5026 9 LAUDERDALE AVENUE, FOR 10 PROPERTY OWNER ANDREW M. 11 FISCHER 12 13 WHEREAS, Andrew M. Fischer, desires to construct and maintain a proposed 14 bulkhead (50LF), anchor piles (6' O.C.), beach access stairs (4' X 13'), landing platform 15 (5' X 10'), and a timber walkway (4' X 10') for beach access, and maintain an existing 16 deck on a portion of public right-of-way known as Ocean View Avenue (Chesapeake 17 Beach), located at the rear of 5026 Lauderdale Avenue, Virginia Beach, Virginia; and is 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 public rights-of-way subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Andrew M. Fischer, his heirs, 27 assigns and successors in title are authorized to maintain existing temporary 28 encroachments for a proposed bulkhead (50LF), anchor piles (6' O.C.), beach access 29 stairs (4' X 13'), landing platform (5' X 10'), and a timber walkway (4' X 10') for beach 3o access, and maintain an existing deck on a portion of City property as shown on the 31 map marked Exhibit "A" and entitled: "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40' 32 - 0" FOR ANDREW M. FISCHER 5026 LAUDERDALE AVE VIRGINIA BEACH, VA 33 23455," a copy of which is on file in the Department of Public Works and to which 34 reference is made for a more particular description; and 35 36 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 37 subject to those terms, conditions and criteria contained in the Agreement between the 38 City of Virginia Beach and Andrew M. Fischer (the "Agreement"), which is attached 39 hereto and incorporated by reference; and 40 41 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 42 hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 45 time as Andrew M. Fischer and the City Manager or his authorized designee execute 46 the Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day 49 of January , 2012. CA -11972 R-1 PREPARED: 1/18/12 APPROVED AS TO CONTENTS PU9LIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM a P Y= � m d 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 13th day of January, 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ANDREW M. FISCHER, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of those certain lots, tracts, or parcels of land designated and described as "Lots 10 and 11 in Block 19," as shown on that certain plat entitled: " CHESAPEAKE PARK Property of LYNNHAVEN REALTY CORPORATION 319-321 Seaboard Bank Bldg. NORFOLK, VA. Scale 1 inch = 200 ft. C. F. PETRIE, C.E., NORFOLK, VA. May 1910" and "CHESAPEAKE PARK PRINCESS ANNE CO, VA. Scale 1" = 200 ft. Amended Plat made from Blueprint, with certain changes for A. M. Ward, Oct. 14t", 1919, C. F. PETRIE, C.E.," and said plats are recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 4, at page 47 and in Map Book 6, at page 123, respectively, and being further designated, known, and described as 5026 Lauderdale Avenue, Virginia Beach, Virginia 23455 (the "Property"); WHEREAS, it is proposed by the Grantee to construct and maintain a proposed bulkhead (501-F), anchor piles (6' O.C.), beach access stairs (4' X 13'), landing platform (5' X 10'), and a timber walkway (4' X 10'), and maintain an existing deck, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN'S: (UNIMPROVED CITY RIGHT-OF-WAY — KNOWN AS OCEAN VIEW AVENUE - NO GPIN REQUIRED OR ASSIGNED) 1570-43-3138-0000; (5026 Lauderdale Avenue) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing unimproved City right -of way known as Ocean View Avenue located at the rear of 5026 Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and WHEREAS, pursuant to the local emergency declared by the City Manager due to Hurricane Irene as confirmed by City Council Ordinance 3196N, adopted September 6, 2011 (the "Emergency Declaration'), the Property is exempted from the requirements of the Coastal Primary Sand Dune Ordinance with regard to the Proposed Bulkhead and Anchor Piles only; 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: "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" FOR ANDREW M. FISCHER 5026 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 DATE: 12/14/2011 SHEET NO. 1 OF 1," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 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 building permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 3 It is further expressly understood and agreed that the Grantee must obtain a Coastal Primary Sand Dune Permit from the Wetlands Board for any existing, replacement, or proposed encroachment not exempted pursuant to the Emergency Declaration or otherwise allowed under Section 1602 of the City Zoning Ordinance. It is further expressly understood and agreed that the seaward extend of the Temporary Encroachment shall not extend past the seaward toe of the sand dune. 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 0 by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 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, Andrew M. Fischer, the said Grantee, has caused this Agreement to be executed by his signature. 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) E 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 , 2012, 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 , 2012, 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: C$1 Notary Public (SEAL) By — Andrew M. Fisher, Owner STATE OF Viroiqcx CITY/COUNTY O , to -wit: The foregoing instrument was acknowledged before me this hday of 2012, by Andrew M. Fisher. AjaM I AL) o ary Public Common of `701 p S� _ �nA*F4dWdw- Notary Registration Number: NftyPuW CWrWWN M No. 72eem ='�*w�',,•.r►�,.=' �k► Commiaton Expiro� t?l3trl�of� , My Commission Expires: c�Q) APPROVED AS TO CONTENTS C1£ C' C7 GtwG� SIMATURE P10 kt:rj Er;tt DEPARTMENT 7 APPROVED AS TO LEGAL SUFFICIENCY AND FORM I&Atk Iff/ azc DEBRA M. BRYAN, ASSOCIATE CITY ATTORNEY MEAN LOW WATER (-1.57 NAVD88) O --- �w C H E' S A P E A K E B A Y ,--- MEAN HIGH WATER (+0.98 NAVD88) 50' SEAWARD 3=3= BUFFER JX -J PROPOSED BULKHEAD R ° R rFF (50LF) ooQ3 N 3,503,250.35 50' LANDWARD C-1 2,174,359.72 9 BUFFER 0-"1 i / LIMITS OF DISTURBANCE '---- PROPOSED OCEAN VIEW AVE --- 70' R/W - MB 6 PG 123 STAIRS / (4!xl3) TOE OF SAND PILES PLACED BY CITY OF VIRGINIA BEACH, _ SURVEYED ' 29 SEPTEMBER, 2011 \ — /.. EXIST TOE OF SLOPE - --------- -•- -._._ _ _ LIMITS OF FILL r� o:* ul (ELEV.= 12.0) - P N 3,503,246.75 Lo 04 PROPOSED E 12,174,357.97 ' W ANCHOR PILES O 6' O.C. S 64'09'15" E 50.00' Lu GRAPHIC SCALE 0 20 40 80 1 INCH = 40 FEET TH JOES V1, BRAT III LEG: �"�. 02�ta05 J.W. BRAWLEY, PE P.O. BOX 7035 WILLIAMSBURG, VIRGINIA 23188 TEL. 757-645-6680 10' ' PL OD M I M 5026 Lo 100' VARIABLE 0 3 WIDTH BUFFER 50.00' S 64'09'15" E ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'-0" FOR ANDREW M. FISCHER 5026 LAUDERDALE AVE RGINIA BEACH, VA 23455 LAUDERDALE AVENUE (FORMERLY LAKE AVENUE) 50' R/W-M86PC123 IN: VIRGINIA BEACH AT: CITY: VIRGINIA BEACH STATE: VIRGINIA DATUM: NAVD88 DATE: 12/14/2011 SHEET NO. 1 OF 1 o - r� o:* ul ro o C:5 P IN O Lo 04 t\ W CLz c� 5024 O 50.00' S 64'09'15" E ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'-0" FOR ANDREW M. FISCHER 5026 LAUDERDALE AVE RGINIA BEACH, VA 23455 LAUDERDALE AVENUE (FORMERLY LAKE AVENUE) 50' R/W-M86PC123 IN: VIRGINIA BEACH AT: CITY: VIRGINIA BEACH STATE: VIRGINIA DATUM: NAVD88 DATE: 12/14/2011 SHEET NO. 1 OF 1 Fl - FW.. CO w LL 0 -0 x E co W co CL > m Lu LL. W z z 72 OW�DO c) WU.) W I VVI D CL 0 z a J 0 c,4 0 0 N LLI Z C:) LL W LL CL CL 0 2 CL A FW.. CO w LL 0 -0 x E co W co CL > m Lu LL. W z z 72 OW�DO c) WU.) W I VVI D CL 0 z a J 0 c,4 0 0 N LLI Z C:) LL W LL -108 - Items IV-K10.f ORDINANCES/RESOLUTIONS ITEM # 61587f f. GEORGE E. and JANET GONZALEZ at the rear of 5030 Lauderdale Avenue; subject to: 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 as well as the City's specifications and approval. 2. Providing however, nothing herein shall prohibit the City from immediately removing or ordering the Grantee to remove, all or any part of, the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachment herein authorized 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. 4. 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. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than 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. 6. 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 building permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit'). 8. It is further expressly understood and agreed that the Grantee must obtain a Coastal Primary Sand Dune Permit from the Wetlands Board for any existing, replacement or proposed encroachment not exempted pursuant to the Emergency Declaration or otherwise allowed under Section 1602 of the City Zoning Ordinance. 9. It is further expressly understood and agreed that the seaward extension of the Temporary Encroachment shall not extend past the seaward toe of the sand dune. 10. 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 with at least thirty (30) days written notice to the January 24, 2012 -109 - Items 109 - Items IV-KIO.f ORDINANCES/RESOLUTIONS ITEM # 61587f (Continued) 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. 11. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. 12. It is further expressly understood and agreed that the Grantee must submit, for review and approval, a survey of the Encroachment Area certified by a Registered Professional Engineer or a Licensed Land Surveyor and/or "as built" plans of the Temporary Encroachment sealed by a Registered Professional Engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 13. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes, may require the Grantee to remove the Temporary Encroachment and, pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee. If such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day the Temporary Encroachment is allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. January 24, 2012 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF PUBLIC RIGHT - 6 OF -WAY KNOWN AS OCEAN VIEW 7 AVENUE (CHESAPEAKE BEACH) 8 LOCATED AT THE REAR OF 5030 9 LAUDERDALE AVENUE, FOR 10 PROPERTY OWNERS GEORGE E. 11 GONZALEZ AND JANET GONZALEZ 12 13 WHEREAS, George E. Gonzalez and Janet Gonzalez, desire to construct and 14 maintain a proposed bulkhead (75LF), anchor piles (6' O.C.), replacement stairs (4' X 15 13'), a replacement deck (34'X 16), and maintain an existing deck for beach access on 16 a portion of public right-of-way known as Ocean View Avenue (Chesapeake Beach), 17 located at the rear of 5030 Lauderdale Avenue, Virginia Beach, Virginia; and 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 public rights-of-way subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, George E. Gonzalez and 27 Janet Gonzalez, their heirs, assigns and successors in title are authorized to maintain 28 existing temporary encroachments for a proposed bulkhead (75LF), anchor piles (6' 29 O.C.), replacement stairs (4' X 13'), a replacement deck (34' X 15), and maintain an 3o existing deck for beach access on a portion of City property as shown on the map 31 marked Exhibit "A" and entitled: "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" 32 FOR GEORGE & JANET GONZALEZ 5030 LAUDERDALE AVE VIRGINIA BEACH, VA 33 23455," a copy of which is on file in the Department of Public Works and to which 34 reference is made for a more particular description; and 35 36 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 37 subject to those terms, conditions and criteria contained in the Agreement between the 38 City of Virginia Beach and George E. Gonzalez and Janet Gonzalez (the "Agreement"), 39 which is attached hereto and incorporated by reference; and 40 41 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 42 hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 45 time as George E. Gonzalez and Janet Gonzalez and the City Manager or his 46 authorized designee execute the Agreement. 47 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day Of La ,,,, a r—y 2012. CA -11973 R-1 PREPARED: 1/18/12 APPROVED AS TO CONTENTS !�Omy c -8�-t4� PQ3JIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM dat,c` -' 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 13th day of January, 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and GEORGE E. GONZALEZ and JANET GONZALEZ, 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 those certain lots, tracts, or parcels of land designated and described as "Lots 7, 8, 9 and the eastern 25 ft. of Lot 34 in Block 19," as shown on that certain plat entitled: " CHESAPEAKE PARK Property of LYNNHAVEN REALTY CORPORATION 319-321 Seaboard Bank Bldg. NORFOLK, VA. Scale 1 inch = 200 ft. C. F. PETRIE, C.E., NORFOLK, VA. May 1910" and "CHESAPEAKE PARK PRINCESS ANNE CO, VA. Scale 1" = 200 ft. Amended Plat made from Blueprint, with certain changes for A. M. Ward, Oct. 14th, 1919, C. F. PETRIE, C.E.," and said plats are recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 4, at page 47 and in Map Book 6, at page 123, respectively, and being further designated, known, and described as 5030 Lauderdale Avenue, Virginia Beach, Virginia 23455 (the "Property"); GPIN'S: (UNIMPROVED CITY RIGHT-OF-WAY — KNOWN AS OCEAN VIEW AVENUE - NO GPIN REQUIRED OR ASSIGNED) 1570-43-2281-0000; (5030 Lauderdale Avenue) WHEREAS, it is proposed by the Grantee to construct and maintain a proposed bulkhead (751-17), anchor piles (6' O.C.), replacement stairs (4' X 13'), a replacement deck (34' X 15), and maintain an existing deck, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing unimproved City right -of way known as Ocean View Avenue located at the rear of 5030 Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and WHEREAS, pursuant to the local emergency declared by the City Manager due to Hurricane Irene as confirmed by City Council Ordinance 3196N, adopted September 6, 2011 (the "Emergency Declaration'), the Property is exempted from the requirements of the Coastal Primary Sand Dune Ordinance with regard to the Proposed Bulkhead and Anchor Piles only; 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: 2 A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" FOR GEORGE & JANET GONZALEZ 5030 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 DATE: 12/14/2011 SHEET NO. 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. 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. 3 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 building 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 a Coastal Primary Sand Dune Permit from the Wetlands Board for any existing, replacement, or proposed encroachment not exempted pursuant to the Emergency Declaration or otherwise allowed under Section 1602 of the City Zoning Ordinance. It is further expressly understood and agreed that the seaward extend of the Temporary Encroachment shall not extend past the seaward toe of the sand dune. 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. 11 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 Public Utilities Department. 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, George E. Gonzalez and Janet Gonzalez, 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. 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 , 2012, 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 , 2012, 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: 0 Notary Public (SEAL) By George . Gonzalez, Ovhier By oV�i Janet onzalez, Owner r STATE OF`�- CITY/COUNTY OF J caw , to -wit: The foregoing instrument was acknowledged before me this 13 day of 2012, by George E. Gonzalez. (SEAL) kot=a�rvy Public Notary Registration Number: My Commission Expires: 0SUELLEN SKOCKI Notary Public Commonwealth of Virginia "+- Reg. #131378 f My Commission Exps. Aug. 31, 2012 STATE OF CITY/COUNTY 6P jct,SAA , to -wit: The foregoing instrument was acknowledged before me this /3 day of 2012, by Janet Gonzalez. LU SEAL) Notary Public Notary Registration Number: My Commission Expires: 7 SUELLEN SKOCKI ' Notary Public Commonwealth of Virginia Reg. #131378 My Commission Expe, Aug. 31, 2012 APPROVED AS TO CONTENTS r SI' ATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM �v DEBRA M. BRYAN, ASSOCIATE CITY ATTORNEY MEAN LOW WATER (-1.57 NAVD88)-- _ C H ESA PE4 KE �AY_�_ b Flood MEAN HIGH WATER (+0.98 NAVD88) — — — — r __-'------WARD BUFFER REPLACEMENT - STAIRS (4'X13') - �2 o PROPOSED ` s BULKHEAD N 3,503,296.13 E 12 174 308 45 W W R o 3 ; (75 LIMITS OF DISTURBANCE TOE OF SAND PILES PLACED BY CITY OF VIRGINIA BEACH, _■ _ ' SURVEYED 77,~ 29 SEPTEMBER, 2011 _ _-- EXIST TOE OF SLOPE _ - - x-_-•� LIMITS OF FILL (ELEV.= 12.0) PROPOSED ANCHOR PILES O 6' O.C. GRAPHIC SCALE 0 20 40 80 1 INCH = 40 FEET ,G AN V#. RRAWEf III 1^I•^, Flo. CS2A305 S 64'09''' 75.0( J.W. BRAWLEY, PE P.O. BOX 7035 WILLIAMSBURG, VIRGINIA 23188 TEL. 757-645-6680 - — — — — 50' LANDWARD OCEAN VIEW AVE BUFFER 11 70- R/W - MB'B-PG-123-,._.._ S 64'09'15" E ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'-0" FOR GEORGE & JANET GONZALEZ 5030 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 SILT FENCE PROPOSED REPLACEMENT DECK (34'X15') 100' VARIABLE WIDTH BUFFER IN: VIRGINIA BEACH AT: CITY: VIRGINIA BEACH STATE: VIRGINIA DATUM: NAVD88 DATE: 12/14/2011 SHEET NO. 1 OF 1 N uj 000 0 N uj T z Z M0 LLI Wcy 0 > UJ I-- < ZLLJ uj z < < 0 uj C) Ln < 2: Uj LU 2 < c o c:t uj 2 u CUQ c J 0 CL 5 V 0 C:) z UJ 0 LL CL 00 4) C4 Am CL 0 CL (A LU 9L CL N uj 000 0 N uj T z Z M0 LLI Wcy 0 > UJ I-- < ZLLJ uj z < < 0 uj C) Ln < 2: Uj LU 2 < c o c:t uj 2 u CUQ c J 0 CL 5 V 0 C:) z UJ 0 LL CL C4 CY N uj 000 0 N uj T z Z M0 LLI Wcy 0 > UJ I-- < ZLLJ uj z < < 0 uj C) Ln < 2: Uj LU 2 < c o c:t uj 2 u CUQ c J 0 CL 5 V 0 C:) z UJ 0 LL 44/ 1-4 T - -110- Items 110- Items IV-K.10.g ORDINANCESIRESOL UTIONS ITEM # 61587g g. SARAH L. HOUCK at the rear of 5032 Lauderdale Avenue, subject to: 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 as well as the City's specifications and approval. 2. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachment herein authorized 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. 4. 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. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than 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. 6. 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 building permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit'). 8. It is further expressly understood and agreed that the Grantee must obtain a Coastal Primary Sand Dune Permit from the Wetlands Board for any existing, replacement or proposed encroachment not exempted pursuant to the Emergency Declaration or otherwise allowed under Section 1602 of the City Zoning Ordinance. 9. It is further expressly understood and agreed that the seaward extension of the Temporary Encroachment shall not extend past the seaward toe of the sand dune. January 24, 2012 Items IV-K.10.g ORDINANCES/RESOLUTIONS ITEM # 61587g (Continued) 10. 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 with 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. 11. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. 12. It is further expressly understood and agreed that the Grantee must submit, for review and approval, a survey of the Encroachment Area, certified by a Registered Professional Engineer or a Licensed Land Surveyor and/or "as built" plans of the Temporary Encroachment sealed by a Registered Professional Engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 13. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes, may require the Grantee to remove the Temporary Encroachment and, pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee. If such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day the Temporary Encroachment is allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. January 24, 2012 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF PUBLIC RIGHT - 6 OF -WAY KNOWN AS OCEAN VIEW 7 AVENUE (CHESAPEAKE BEACH) 8 LOCATED AT THE REAR OF 5032 9 LAUDERDALE AVENUE, FOR 10 PROPERTY OWNER SARAH L. 11 HOUCK 12 13 WHEREAS, Sarah L. Houck, desires to construct and maintain a proposed 14 bulkhead (25LF), anchor piles (6' O.C.), beach access replacement stairs (4'X 13'), and 15 a landing platform (5' X 10') on a portion of public right-of-way known as Ocean View 16 Avenue (Chesapeake Beach), located at the rear of 5032 Lauderdale Avenue, Virginia 17 Beach, Virginia; and 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 public rights-of-way subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Sarah L. Houck, her heirs, 27 assigns and successors in title are authorized to maintain existing temporary 28 encroachments for a proposed bulkhead (25LF), anchor piles (6' O.C.), beach access 29 replacement stairs (4' X 13'), and a landing platform (5' X 10') on a portion of City 30 property as shown on the map marked Exhibit "A" and entitled: "ENCROACHMENT 31 EXHIBIT "A" SCALE: 1" = 40' — 0" FOR SARAH HOUCK 5032 LAUDERDALE AVE 32 VIRGINIA BEACH, VA 23455," a copy of which is on file in the Department of Public 33 Works and to which reference is made for a more 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 Sarah L. Houck (the "Agreement"), which is attached hereto 38 and incorporated by reference; and 39 40 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 41 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 Sarah L. Houck and the City Manager or his authorized designee execute the 45 Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the -2 4 ..- day 4 $ of January , 2012. CA -11974 R-1 PREPARED: 1/18/12 APPROVED AS TO CONTENTS PUBiIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM 6h".)ln "/ 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 12th day of Januar , 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and SARAH L. HOUCK, HER 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 A in Block 19," as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 3, 4, 5, 6 AND PART OF 34 BLOCK 19 CHESAPEAKE PARK M.B. 4 P. 47 and M.B. 6 P. 123 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 20' APRIL 20, 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 in Instrument #20100915000967110, and being further designated, known, and described as 5032 Lauderdale Avenue, Virginia Beach, Virginia 23455 (the "Property"); WHEREAS, it is proposed by the Grantee to construct and maintain a proposed bulkhead (25LF), anchor piles (6' O.C.), beach access replacement stairs (4' X 13'), and a landing platform (5' X 10'), collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN'S: (UNIMPROVED CITY RIGHT-OF-WAY — KNOWN AS OCEAN VIEW AVENUE - NO GPIN REQUIRED OR ASSIGNED) 1570-43-1290-0000; (5032 Lauderdale Avenue) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing unimproved City right -of way known as Ocean View Avenue located at the rear of 5032 Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and WHEREAS, pursuant to the local emergency declared by the City Manager due to Hurricane Irene as confirmed by City Council Ordinance 3196N, adopted September 6, 2011 (the "Emergency Declaration'), the Property is exempted from the requirements of the Coastal Primary Sand Dune Ordinance with regard to the Proposed Bulkhead and Anchor Piles only; 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: "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" FOR SARAH HOUCK 5032 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 DATE: 12/14/2011 SHEET NO. 1 OF 1," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 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 building permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 3 It is further expressly understood and agreed that the Grantee must obtain a Coastal Primary Sand Dune Permit from the Wetlands Board for any existing, replacement, or proposed encroachment not exempted pursuant to the Emergency Declaration or otherwise allowed under Section 1602 of the City Zoning Ordinance. It is further expressly understood and agreed that the seaward extend of the Temporary Encroachment shall not extend past the seaward toe of the sand dune. 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 11 by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 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, Sarah L. Houck, the said Grantee, has caused this Agreement to be executed by her signature. 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 , 2012, 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 , 2012, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 luSarah L. Houck, Owner STATE OF CIT /COUNTY QI!'U•- , to -wit: The foregoing instrument was acknowledged before me this day of 2012, by Sarah L. Houck. Notary Registration Number: "1 i D W31 My Commission Expires: APPROVED AS TO CONTENTS SfGhATURE P1 kcniR. DEPARTMENT 7 G1 J. BRUCE NOTARY PUBLIC Commonwealth of Virginia Reg. #4108687 My Commission Expires Mar. 31, 2015 APPROVED AS TO LEGAL SUFFICIENCY AND FORM kaaw �q owg:�'& DEBRA M. BRYAN, ASSOCIATE CITY ATTORNEY MEAN LOW WATER( -1-57 NAVD88) IMLW ------ ___ m.. - CHESA PEA KE BA Y MEAN HIGH WATER (+0.98 NAVD88) - ` 50' SEAWARD \ — BUFFER N 3,503.304.66 E 12,174,247.61 N-13,503,302.48-- =3 E 12,174,252.11 LIMITS OF DISTURBANCE PROPOSED ooQa REPLACEMENT0 33 50 LANDWARD \\ STAIRS (4X13') N o BUFFER \ ------ --- —— PROPOSED PLATFORM TOE OF SAND PILES PLACED OCEAN VIEW AVE DV !`ITV (lr \/IR(_IMIA RFACH 70' R/W - MB 6 PG 123 '/ 1 BULKHEAD (25LF) GRAPHIC SCALE 0 20 40 80 1 INCH = 40 FEET JAYES 1', BRAS?'" M LIC, No, 02430 c S 70'50'45" W 4.24' N 64'09'15" W 37.00' mum rw"", — — — Lo 5032 \ :n (6 Ln rlN O So°RMfq 4NRp N 3'o99s' R�,(Y� VF �F 44•. f q� 9 G AC ZU) J ENCROACHMENT EXHIBIT "A" IN: VIRGINIA BEACH J.W. BRAWLEY, PE AT: P.O. BOX 7035 SCALE: 1" = 40'-0" CITY: VIRGINIA BEACH WILLIAMSBURG, VIRGINIA 23188 FOR STATE: VIRGINIA TEL. 757-645-6680 SARAH HOUCK DATUM: NAVD88 5032 LAUDERDALE AVE DATE: 12/14/2011 VIRGINIA BEACH, VA 23455 1 SHEET NO. 1 OF 1 LLI WYZ v E V Ill Bio o 0 aWOQN =WT u a H J M 0 u 0 uj o a=�o� V U Qa p z 0 Cl) N w0NCL 0 U LL s QM w LA u lL c p . o C. CCLL CL a a G i f % a G / L ll LU c CO `- ; -112- Items 112- Items IV-K.10.h ORDINANCES/RESOLUTIONS ITEM # 61587h h. LORRAINE WINCOR, EDWARD REICHBACH and ROBERT RAYLOVE at the rear of 5036 Lauderdale Avenue, subject to: 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 as well as the City's specifications and approval. 2. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachment herein authorized 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. 4. 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. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than 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. 6. 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. 7. It is further expressly understood and agreed that the Grantee must obtain a building permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit'). 8. It is further expressly understood and agreed that the seaward extension of the Temporary Encroachment shall not extend past the seaward toe of the sand dune. 9. 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 with 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 January 24, 2012 -113 - Items IV-K.10.h ORDINANCES/RESOLUTIONS ITEM# 61587h (Continued) contingent, with relation to the construction, location and/or existence of the Temporary Encroachment. 10. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. H. If 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 Public Utilities Department. 12. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary 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. If such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day the Temporary Encroachment is allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. January 24, 2012 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF PUBLIC RIGHT - 6 OF -WAY KNOWN AS OCEAN VIEW 7 AVENUE (CHESAPEAKE BEACH) 8 LOCATED AT THE REAR OF 5036 9 LAUDERDALE AVENUE, FOR 10 PROPERTY OWNERS LORRAINE 11 WINCOR, EDWARD REICHBACH AND 12 ROBERT RAYLOVE 13 14 WHEREAS, Lorraine Wincor, Edward Reichbach and Robert Raylove, desires to 15 construct and maintain a proposed bulkhead (75LF), and anchor piles (6' O.C.) on a 16 portion of public right-of-way known as Ocean View Avenue (Chesapeake Beach), 17 located at the rear of 5036 Lauderdale Avenue, Virginia Beach, Virginia; and 1s 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 public rights-of-way subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Lorraine Wincor, Edward 27 Reichbach and Robert Raylove, their heirs, assigns and successors in title are 28 authorized to maintain existing temporary encroachments for a proposed bulkhead 29 (75LF), and anchor piles (6' O.C.) on a portion of City property as shown on the map 30 marked Exhibit "A" and entitled: "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" 31 FOR LORRAINE WINCOR, EDWARD REICHBACH, AND ROBERT RAYLOVE 5036 32 LAUDERDALE AVE VIRGINIA BEACH, VA 23455," a copy of which is on file in the 33 Department of Public Works and to which reference is made for a more particular 34 description; and 35 36 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 37 subject to those terms, conditions and criteria contained in the Agreement between the 38 City of Virginia Beach and Lorraine Wincor, Edward Reichbach and Robert Raylove (the 39 "Agreement"), which is attached hereto and incorporated by reference; and 40 41 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 42 hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 45 time as Lorraine Wincor, Edward Reichbach and Robert Raylove and the City Manager 46 or his authorized designee execute the Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day 49 of January , 2012. CA -11975 R-1 PREPARED: 1/18/12 APPROVED AS TO CONTENTS 7)a" C PLfdLIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM F mm � -Z �'rA qww m � 5411 13 a e- i 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 13th day of January, 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and LORRAINE WINCOR, EDWARD REICHBACH and ROBERT RAYLOVE, 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 B in Block 19," as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 3, 4, 5, 6 AND PART OF 34 BLOCK 19 CHESAPEAKE PARK M.B. 4 P. 47 and M.B. 6 P. 123 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 20' APRIL 20, 2010 SHEET 1 OF 2, 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 in Instrument #20100915000967110, and being further designated, known, and described as 5036 Lauderdale Avenue, Virginia Beach, Virginia 23455 (the "Property"); WHEREAS, it is proposed by the Grantee to construct and maintain a proposed bulkhead (751-17), and anchor piles (6' O.C.), collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN'S: (UNIMPROVED CITY RIGHT-OF-WAY — KNOWN AS OCEAN VIEW AVENUE - NO GPIN REQUIRED OR ASSIGNED) 1570-43-2217-0000; (5036 Lauderdale Avenue) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing unimproved City right -of way known as Ocean View Avenue located at the rear of 5036 Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and WHEREAS, pursuant to the local emergency declared by the City Manager due to Hurricane Irene as confirmed by City Council Ordinance 3196N, adopted September 6, 2011 (the "Emergency Declaration'), the Property is exempted from the requirements of the Coastal Primary Sand Dune Ordinance with regard to the Proposed Bulkhead and Anchor Piles only; 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: "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" FOR LORRAINE WINCOR, EDWARD REICHBACH, AND ROBERT RAYLOVE 5036 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 DATE: 12/14/2011 SHEET NO. 1 OF 1," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 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 building permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 3 It is further expressly understood and agreed that the seaward extend of the Temporary Encroachment shall not extend past the seaward toe of the sand dune. 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. If 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 Engineer Division of the Public Utilities Department. 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 11 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, Lorraine Wincor, Edward Reichbach and Robert Raylove, 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 sea] 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 , 2012, 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 , 2012, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: _ 0 By Ln�� Lorraine Wincor, Owner B Edward Reichbach, Owner 7 - By Robert Raylovel, Own6t STATE OF' `� 4 CITY/COUNTY OF -, to -wit. The foregoing instrument was acknowledged before me this J2 71 -day of 2012, by Lorraine Wincor. say jX law., ANA "A KPI)fIffff 7 i EAL) Notary Public Or NOTARY MLIC-STATE OF FLORIDA Notary Registration Number: iPG isberg Commission # D846332 My Commission Expires: 14, 2013 --,-FNG Co., INr- STA T E OF r6_� . , -A CITY/COUNTY OF BfZWf to -wit: The foregoing instrument was acknowledged before me this /2—/Iday of ' t 'Tl'" 111 4-1 2012, by Edward Reichbach, 0�0 Fot�aPublic Notary Registration Number: - NOTARY PrmT,Tt,_P,-A" An — -- IDA My Commission Expires: S, 'Jis,5i0l ODD046332 Il. 2013 BONDW U 1:0, ]No 7 i STATE OF//--,)/, F CITYICOUNI V The foregoing instrument was acknowledged before me this 2012, b rRa love. y Roberty ----- Notary Public Notary Registration Numbe : 14 CAROL ANN OLEO, Notary Public COMMONWEALTH OF MASSACHUSETTS My Commission Expires: M ImIfition xp Ires A rll ?B 2017 APPROVED AS TO CONTENTS SI ATURE P -0 � z j F 461 L DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM DEBRA M. BRYAN, ASSOCIATE CITY ATTORNEY day of k 50' LANDWARD BUFFER F LIMITS OF DISTURBANCE ________- PROPOSED --__ --- RIIIIeWFAn TOE OF SAND PILES PLACED BY MEAN—VIEW A1iE CITY OF VIRGINIA BEACH, SURVEYED 70' R/W - MB 6 PG 123 29 SEPTEMBER, 2011 30 EXIST TOE OF SLOPE LIMITS OF FILL 10 •" (ELEV.= 12.0) ° S 64'0! 75. N 25'5 62. PROPOSED ANCHOR PILES O 6' O.C. Z N 64'09'15" W S 70'50'45" W 4.24' E 100' VARIABLE GRAPHIC SCALE \ 0 20 40 80 ' 1 INCH = 40 FEET ptT 15;v 5; r .r' 'As JA ES W. KAU II LIC, No. 0243i� 5 1-014AL. UpF w so/ -411 U�-4 kF \ ` 40 ZUF7 3 J.W. BRAWLEY, PE P.O. BOX 7035 WILLIAMSBURG, VIRGINIA 23188 TEL. 757-645-6680 ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'-0" FOR LORRAINE WINCOR, EDWARD REICHBACH, AND ROBERT RAYLOVE 5036 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 IN: VIRGINIA BEACH AT: CITY: VIRGINIA BEACH STATE: VIRGINIA DATUM: NAVD88 DATE: 12/14/2011 SHEET NO. 1 OF 1 `;---__WIDTH BUFFER S 64'09'15" E IN � 19.18' n o 6 to N - Al 3> Q80, N UpF w so/ -411 U�-4 kF \ ` 40 ZUF7 3 J.W. BRAWLEY, PE P.O. BOX 7035 WILLIAMSBURG, VIRGINIA 23188 TEL. 757-645-6680 ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'-0" FOR LORRAINE WINCOR, EDWARD REICHBACH, AND ROBERT RAYLOVE 5036 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 IN: VIRGINIA BEACH AT: CITY: VIRGINIA BEACH STATE: VIRGINIA DATUM: NAVD88 DATE: 12/14/2011 SHEET NO. 1 OF 1 I z ----I o 4) co V 00 OF a- = I S. CL IL WAILki FA IkNrO L 11,4 -I- CL 0 N. CL -114 - Item s 114 - Items IV-K.10.i ORDINANCESIRESOL UTIONS ITEM # 61587i DESMOND C. and PATRICIA S. COOK at the rear of 5038 Lauderdale Avenue, subject to: 1. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach as well as the City's specifications and approval. 2. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachment herein authorized 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. 4. 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. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than 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. 6. 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 building permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit'). 8. It is further expressly understood and agreed that the Grantee must obtain a Coastal Primary Sand Dune Permit from the Wetlands Board for any existing, replacement or proposed encroachment not exempted pursuant to the Emergency Declaration or otherwise allowed under Section 1602 of the City Zoning Ordinance. 9. It is further expressly understood and agreed that the seaward extension of the Temporary Encroachment shall not extend past the seaward toe of the sand dune. 10. 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 with at least thirty (30) days written notice to the January 24, 2012 WSAM Items IV-KIO.i ORDINANCES/RESOLUTIONS ITEM # 61587i (Continued) 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. H. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. 12. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a Registered Professional Engineer or a Licensed Land Surveyor and/or "as built" plans of the Temporary Encroachment sealed by a Registered Professional Engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 13. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes, may require the Grantee to remove the Temporary Encroachment and, pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day the Temporary Encroachment is allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. January 24, 2012 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF PUBLIC RIGHT - 6 OF -WAY KNOWN AS OCEAN VIEW 7 AVENUE (CHESAPEAKE BEACH) 8 LOCATED AT THE REAR OF 5038 9 LAUDERDALE AVENUE, FOR 10 PROPERTY OWNERS DESMOND C. 11 COOK AND PATRICIA S. COOK 12 13 WHEREAS, Desmond C. Cook and Patricia S. Cook, desire to construct and 14 maintain a proposed bulkhead (58LF), anchor piles (6' O.C.), beach access 15 replacement stairs (4'X 13'), replacement deck (32'X 16'), a landing platform (5' X 10') 16 and a return wall on a portion of public right-of-way known as Ocean View Avenue 17 (Chesapeake Beach), located at the rear of 5038 Lauderdale Avenue, Virginia Beach, 18 Virginia; and 19 20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 21 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 22 public rights-of-way subject to such terms and conditions as Council may prescribe. 23 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Desmond C. Cook and 28 Patricia S. Cook, their heirs, assigns and successors in title are authorized to maintain 29 existing temporary encroachments for a proposed bulkhead (58LF), anchor piles (6' 30 O.C.), beach access replacement stairs (4' X 13'), replacement deck (32' X 16'), a 31 landing platform (5' X 10') and a return wall on a portion of City property as shown on 32 the map marked Exhibit "A" and entitled: "ENCROACHMENT EXHIBIT "A" SCALE: 1" _ 33 40' — 0" FOR DESMOND & PATRICIA COOK 5038 LAUDERDALE AVE VIRGINIA 34 BEACH, VA 23455" a copy of which is on file in the Department of Public Works and to 35 which reference is made for a more particular description; and 36 37 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 38 subject to those terms, conditions and criteria contained in the Agreement between the 39 City of Virginia Beach and Desmond C. Cook and Patricia S. Cook (the "Agreement"), 40 which is attached hereto and incorporated by reference; and 41 42 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 43 hereby authorized to execute the Agreement; and 44 45 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 46 time as Desmond C. Cook and Patricia S. Cook and the City Manager or his authorized 47 designee execute the Agreement. 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day 49 Of January , 2012. CA -11977 R-1 PREPARED: 1/18/12 APPROVED AS TO CONTENTS C.. C - w -sq P IC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM in 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 12th day of January, 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DESMOND C. COOK and PATRICIA S. COOK, 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 those certain lots, tracts, or parcels of land designated and described as "Lots 1 and 2 in Block 19," as shown on that certain plat entitled: "CHESAPEAKE PARK Property of LYNNHAVEN REALTY CORPORATION 319-321 Seaboard Bank Bldg. NORFOLK, VA. Scale 1 inch = 200 ft. C. F. PETRIE, C.E., NORFOLK, VA. May 1910" and "CHESAPEAKE PARK PRINCESS ANNE CO, VA. Scale 1" = 200 ft. Amended Plat made from Blueprint, with certain changes for A. M. Ward, Oct. 14th, 1919, C. F. PETRIE, C.E.," and said plats are recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 4, at page 47 and Map Book 6, at page 123, respectively, and being further designated, known, and described as 5038 Lauderdale Avenue, Virginia Beach, Virginia 23455 (the "Property"); GPIN'S: (UNIMPROVED CITY RIGHT-OF-WAY — KNOWN AS OCEAN VIEW AVENUE - NO GPIN REQUIRED OR ASSIGNED) 1570-43-1239-0000; (5038 Lauderdale Avenue) WHEREAS, it is proposed by the Grantee to construct and maintain a proposed bulkhead (58LF), anchor piles (6' O.C.), beach access replacement stairs (4' X 13'), replacement deck (32' X 16'), a landing platform (5' X 10') and a return wall, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing unimproved City right -of way known as Ocean View Avenue located at the rear of 5038 Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and WHEREAS, pursuant to the local emergency declared by the City Manager due to Hurricane Irene as confirmed by City Council Ordinance 3196N, adopted September 6, 2011 (the "Emergency Declaration"), the Property is exempted from the requirements of the Coastal Primary Sand Dune Ordinance with regard to the Proposed Bulkhead, Anchor Piles and Return Wall only; 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: 0) A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" FOR DESMOND & PATRICIA COOK 5038 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 DATE: 12/14/2011 SHEET NO. 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. 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. 3 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 building 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 a Coastal Primary Sand Dune Permit from the Wetlands Board for any existing, replacement, or proposed encroachment not exempted pursuant to the Emergency Declaration or otherwise allowed under Section 1602 of the City Zoning Ordinance. It is further expressly understood and agreed that the seaward extend of the Temporary Encroachment shall not extend past the seaward toe of the sand dune. 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. 2 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 Public Utilities Department. 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, Desmond C. Cook and Patricia S. Cook, 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. 4� 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 , 2012, 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 , 2012, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 By Des o d C. Cook, Owner By &2C�,c tc.,� Patricia S. Cook, Owner STATE OF `/('`''ti "- CITY/COUNTY O to -wit: } The foregoing instrument was acknowledged before me this jO2 day of 2012, by Desmond C. Cook. CECILLE S. CAMS NOTARY PUBLIC 7082772 (SEAL) COMMONWEALTH OF VIRGINIA Notary Public Notary Registration Number: 7 7; - My Commission Expires: �% (-CT &I Rog STATE OF v"' CITY/COUNTY O �� 'rh ,�� , to -wit: The foregoing instrument was acknowledged before me this 't`� day of 2012, by Patricia S. Cook. CECILLE S. SAMS NOTARY PUBLIC 7082772'(SEAL) COMMONWEALTH OF VIRGINIA Notary Public Notary Registration Number: rc1�,�2 -7,Z My Commission Expires: 441 t4 -JT 31, �b/.57 7 APPROVED AS TO CONTENTS '"4W C? O SGti, SldhATURE PID - W EJH DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM t&At� 1�0 DEBRA M. BRYAN, ASSOCIATE CITY ATTORNEY MEAN LOW WAS %1 a EAN M,cH WAR (+0.98 N=y0g8) TOE OF SAND PILES BY CITY OF VIRGINIA SURVEYED 29 SEPTEMBER, 2011 LIMITS OF DISTURBANCE EXIST BEACH ACCESS RAMP TO BE USED FOR CONSTRUCTION -- ACCESS TIMBER MAT CONSTRUCTION ENTRANCE EXIST TOE OF SLOPE PROPOSED RETURN WALL LIMITS OF FILL (ELEV.= 12.0) S 64'09'15" GRAPHIC SCALE 0 20 40 80 1 INCH = 40 FEET 410- Mal, JAMES V DRAWOi 19 LIC. Na. 024305 50 LANDWARD V, I �Zr' 11 w rG*, i\ 55 � SS SSMH � -6,07 N 37'09'44" W1 28.15' S 25'50'45" W1 12.79' �Zt ENCROACHMENT EXHIBIT "A" IN: VIRGINIA BEACH AT J.W. BRAWLEY, PE SCALE: 1" - 40'-0" A CITY: VIRGINIA P.O. BOX 7035 FOR STATE: VIRGINIA WILLIAMSBURG, VIRGINIA 23188 TEL 757-645-6680 DESMOND do PATRICIA COOK DATUM: NAVD88 5038 LAUDERDALE AVE DATE: 12/14/2011 VIRGINIA BEACH, VA 23455 1 SHEET NO. 1 OF 1 L: A C4 R%Q Y E 6 O ON LU \. a� n W N z ti o = QLU o rr 0. Q W Q �! N u � F— W � J ch W 0 Lu a o LU V U D u7 w OQZ�Z N a d E 2,00 N 0 g E wCL Co a a � d M CD o a R%Q Y E 6 O ON LU \. a� n W N z ti o = QLU o rr 0. Q W Q �! N u � F— W � J ch W 0 Lu a o LU V U D u7 w OQZ�Z N a 2,00 N 0 g Z cn �7 WLL -116 - Item 116 - Item IV-K.II.alb ORDINANCES/RESOLUTIONS ITEM # 61588 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolutions to REQUEST the Virginia Department of Transportation (VDOT) ACCEPT: a. Additional streets re Urban Maintenance b. Corrections to the Road Inventory re Urban Maintenance Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 24, 2012 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO 3 ACCEPT ADDITIONAL STREETS FOR URBAN 4 MAINTENANCE PAYMENTS 5 6 WHEREAS, the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting additional streets for urban maintenance payments; and 8 9 WHEREAS, the 3.92 (Local or Collector) lane miles of streets listed on Exhibit A 10 (attached) have been constructed in accordance with standards established by the 11 Virginia Department of Transportation; and 12 13 WHEREAS, the City of Virginia Beach has accepted and agreed to maintain 14 these streets; and 15 16 WHEREAS, a representative from the Virginia Department of Transportation has 17 inspected and approved these streets. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That City Council hereby requests the Virginia Department of Transportation to 23 accept the streets listed on Exhibit A, attached hereto and incorporated by reference, 24 and to begin paying urban maintenance payments to the City of Virginia Beach based 25 on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 24 January 2012• APPROVED AS TO CONTENT -I 112P.440 Public \fVorks CA12098 R-1 December 22, 2011 APPROVED AS TO LEGAL SUFFICIENCY: ice City of Virginia Beach Exhibit A - New Streets Public Works / Operations New Street Street Type STREET FROM TO LANE MILES LOCAL BAKER RD WITCHDUCK RD (N) SB E DEAD END 1.06 LOCAL HOLBORN CT KNIGHTS BRIDGE LA W CUL DE SAC 0.12 LOCAL HORSE PASTURE RD DAM NECK RD TAYLOR FARM RD 0.78 LOCAL HORSE PASTURE RD TAYLOR FARM RD W CUL DE SAC 0.24 LOCAL LAMBETH LN KNIGHTS BRIDGE LN DEAD END 0.12 Total Lane Miles of LOCAL streets : 2.32 Street Type STREET FROM TO LANE MILES URBAN COLLECTOR CONSTITUTION DR BONNEY RD COLUMBUS ST 1.60 Total Lane Miles of URBAN COLLECTOR streets : 1.60 Total Lane Miles of New Street: 3.92 Wednesday, December 21, 2011 Page 1 of 1 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO 3 ACCEPT CORRECTIONS AND DELETIONS TO 4 THE ROAD INVENTORY FOR URBAN 5 MAINTENANCE PAYMENTS 6 7 WHEREAS, the Virginia Department of Transportation requires a City Council 8 resolution prior to accepting corrections or deletions to the revised road inventory for 9 urban maintenance payments; 10 11 WHEREAS, City personnel have reviewed the revised road inventory prepared 12 by the Virginia Department of Transportation and have determined that some 13 inaccuracies exist; 14 15 WHEREAS, corrections to the revised road inventory have been made as shown 16 on Exhibit B (attached); resulting in a net increase of 0.66 (Local/Collector) lane miles 17 and a net increase of 5.40 (Arterial) lane miles and 18 19 WHEREAS, a representative from the Virginia Department of Transportation has 20 inspected and approved corrections. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That City Council hereby requests the Virginia Department of Transportation to 26 accept the corrections and deletions listed on Exhibit B, attached hereto and 27 incorporated by reference, and to begin paying urban maintenance payments to the City 28 of Virginia Beach based on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of January , 2012. APPROVED AS TO CONTENT: NMI STATM CA12099 R-1 December 22, 2011 APPROVED AS TO LEGAL SUFFICIENCY: Exhibit B - Changes City of Virginia Beach Public Works / Operations Street Tvpe STREET FROM TO LANE MILES URBAN MINOR ARTERIAL BIRDNECK RD S KENYA LA GENERAL BOOTH BL 9.16 URBAN MINOR ARTERIAL WITCHDUCK RD S AMBERLY RD GRAYSON RD 2.46 URBAN MINOR ARTERIAL WITCHDUCK RD S BONNEY RD AMBERLY RD 0.36 Total Lane Miles of URBAN MINOR ARTERIAL streets: 11_98 Total Lane Miles of Additions/Replaced deletions : 16.08 Street Type STREET FROM TO LANE MILES LOCAL Additions/Replaced deletions CUL DE SAC -0.16 LOCAL Street Type STREET FROM TO LANE MILES LOCAL ALISHIRE CT MECKLEN LA CULDE-SAC E 0.16 LOCAL BUCKNER BL INDEPENDENCE BL HOLLAND RD 3.54 LOCAL FIRST GENERAL PW OLD DONATION PW COUNTRY MILL RD 0.12 LOCAL HANNAH LN 55TH ST DAWSON RD 0.06 LOCAL IVANROAD CT CLEVHAMM COMMONS CUL DE SAC 0.04 LOCAL SACANDAGA CT SLALOM DR W CUL DE SAC 0.14 LOCAL SADDLEBROOK CT INDEPENDENCE BL (NB) WOODSCAPE LA 0.04 STREET FROM TO Total Lane Miles of LOCAL streets: 4.10 Street Tvpe STREET FROM TO LANE MILES URBAN MINOR ARTERIAL BIRDNECK RD S KENYA LA GENERAL BOOTH BL 9.16 URBAN MINOR ARTERIAL WITCHDUCK RD S AMBERLY RD GRAYSON RD 2.46 URBAN MINOR ARTERIAL WITCHDUCK RD S BONNEY RD AMBERLY RD 0.36 Total Lane Miles of URBAN MINOR ARTERIAL streets: 11_98 Total Lane Miles of Additions/Replaced deletions : 16.08 Street Type STREET FROM TO LANE MILES LOCAL ALISHIRE CT MECKLEN L.A CUL DE SAC -0.16 LOCAL BUCKNER BL INDEPENDENCE BL ROSEMONT RD -1.68 LOCAL BUCKNER BL PUMP STATION SITE ROSEMONT RD -1.14 LOCAL FIRST GENERAL PY OLD DONATION PKWY COUNTRY MILL RD -0.18 LOCAL HANNAH LN (FORM SYDNOR DR 55TH ST SYDNOR DR -0.06 FOCAL IVAN ROAD CT CLEVHAMM COMMONS CULDE-SAC -0.04 LOCAL SADDLEBROOK CT SOUTH INDEPENDENCE BLVD INDEPENDENCE BLVD -0.04 LOCAL SCANDAGA CT SLALOM DR CUL-DE-SAC -0.14 Total Lane Miles of LOCAL streets : -3_44 Street Type STREET FROM TO LANE MILES URBAN MINOR ARTERIAL BIRDNECK RD S KENYA LA GENERAL BOOTH BL -4.58 URBAN MINOR ARTERIAL WITCHDUCK RD S BONNEY RD GREENWICH RD -2.00 Total Lane Miles of URBAN MINOR ARTERIAL streets: -6_58 Total Lane Miles of Deletions/To be replaced : -10.02 Wednesday, December 21, 2011 Page 1 of 1 -117 - Item IV-K12.a/b/c ORDINANCES/RESOLUTIONS ITEM # 61589 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT. Ordinances to ACCEPT and APPROPRIATE Grant finds: a. $11,525,844 in FY2010-11 School Reversion Funding to the School Reserve Special Revenue Fund b. A $54,840 Rescue Squad Assistance from the Virginia Department of Health to purchase Lifepakl5 defibrillators and medical equipment C. $86, 000 for the Department of Economic Development from Smart Beginnings South Hampton Roads to administer the Early Learning Challenge grant initiative [Revised] Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 24, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 AN ORDINANCE TO APPROPRIATE FUNDING TO THE SCHOOL RESERVE SPECIAL REVENUE FUND WHEREAS, the School System reverted $11,525,844 to the City's General Fund per state law; WHEREAS, by formal resolution, the School Board requests the appropriation of this funding to the School Reserve Special Revenue Fund (098); and WHEREAS, in 2003 the City Council established the School Reserve Special Revenue Fund at the request of the School Board to allow the School System to set aside funding to be in a better position to respond to (1) unexpected shortfalls in state or federal revenues, (2) emergency expenditures of a non-recurring nature, or (3) other fiscal emergencies. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $11,525,844 is hereby appropriated, with estimated use of fund balance of the General Fund increased accordingly, to the School Reserve Special Revenue Fund. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9dth day Of January— , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT *ana=g:`e�rn)ent'�Ze"Wces CA12065 R-3 January 17, 2012 APPROVED AS TO LEGAL SUFFICIENCY: I SCHOOLBOARD Daniel D. Edwards Chairman District 1 - Centerville 1585 Lake James Drive VA Beach, VA 23464 495-3551 (h) • 717-0259 (c) William J. "Bill" Brunke, IV Vice -Chairman District 7 - Princess Anne 4099 Foxwood Drive, Suite 108 Virginia Beach, VA 23462 222-0134 (w) • 286-2772 (c) Todd C. Davidson At -Large 1861 Mayberry Drive VA Beach, VA 23456 427-3330 (w) • 285-9409 (c) Emma L. "Em" Davis District 5 - Lynnhaven 1125 Michaelwood Drive VA Beach, VA 23452 340-8911 (h) Dorothy M. "Dottie" Holtz At -Large 1304 Downs Lane VA Beach, VA 23455 460-2440(h) Brent N. Mckenzie District 3 - Rose Hall 1400 Brookwood Place VA Beach, VA 23453 816-2736 (c) Ashley K. McLeod At -Large 5508 Del Park Avenue VA Beach, VA 23455 552-0348 (h) Samuel G. "Sam" Reid District 6 - Beach 1533 VA Beach Blvd. VA Beach, VA 23454 284-1067 (c) Patrick S. Salyer At -Large 4849 Haymarket Drive VA Beach, VA 23462 620-2141 (c) Vacant District 2 - Kempsville Carolyn D. Weems District 4 - Bayside 1420 Claudia Drive VA Beach, VA 23455 464-6674 (h) SUPERINTENDENT James G. Merrill, Ed.D. 2512 George Mason Drive VA Beach, VA 23456 263-1007 RGI NIA BEACH CITY PUBLIC SCHOOLS A H E A D O F T H E C U R V E RESOLUTION REGARDING FY 2010111 REVERSION, REVENUE ACTUAL OVER BUDGET, AND DEBT SERVICE BUDGET OVER ACTUAL FUNDS WHEREAS, On September 20, 2011, the School Board was presented with a summary of the unaudited financial statement for FY 2010/11 on the additional revenue and expenditure savings resulting in a reversion to the City's General Fund; and WHEREAS, the total estimated funds available for re -appropriation is $11,525,844; and WHEREAS, the Schools projected shortfall (funding cliff) for FY 2012/13 is $34 million; and WHEREAS, the Administration recommends that the $11,525,844 be re -appropriated to the School Reserve Special Revenue Fund for the purposes (1) of covering projected revenue shortfall, (2) emergency expenditures of a nonrecurring nature that would not have been anticipated at the time of the preparation and adoption of the School Operating Budget, (3) possible base salary increases for employees, (4) increases in VRS rates, (5) increases in health care costs, and (6) other fiscal emergencies. NOW, THEREFORE, BE IT RESOLVED: That the School Board approves the recommended uses of the FY 2010/11 Reversion, Revenue Actual Under Budget, and Debt Service Budget Over Actual funds as presented by the Administration and that $11,525,844 be placed in the School Board Reserve Special Revenue Fund; and be it RESOLVED: That the City Council appropriates the $11,525,844 to the School Board Reserve Special Revenue Fund; and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 1st day of November 2011 Attest: Dianne P. Alexander, Clerk of the Board School Administration Building • 2512 George Mason Drive • P.O. Box 6038 • Virginia Beach, VA 23456-0038 Daniel D. Edwards, School B9ard Chairman 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS AND TO TRANSFER FUNDS FOR THE PURCHASE OF DEFIBRILLATORS AND RELATED EQUIPMENT FOR AMBULANCES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 1) $54,840 is hereby accepted from the Virginia Department of Health, Office of Emergency Medical Services and appropriated, with estimated state revenues increased accordingly, to the FY 2011-12 Operating Budget of the Department of Emergency Medical Services for costs of replacement defibrillators and related equipment; and 2) $57,311 is hereby transferred from the General Fund Reserve for Contingencies to the FY 2011-12 Operating Budget of the Department of Emergency Medical Services to provide the local grant match. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day Of January , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: Management Services City ffice CA12108 R-1 January 9, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 REVISED ORDINANCE AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM SMART BEGINNINGS SOUTH HAMPTON ROADS FOR THE EARLY LEARNING CHALLENGE GRANT INITIATIVE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $86,000 is hereby accepted from Smart Beginnings South Hampton Roads and appropriated, with estimated revenue increased accordingly, to the FY 2011-12 Operating Budget of the Department of Economic Development for the Early Learning Challenge Grant Initiative. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of January , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Management Services CA12110 R-2 January 23, 2012 APPROVED AS TO LEGAL December 14, 2011 Board of Directors Angelica Light, Chair Karen Kehoe Jane Batten, Vice Chair Virginia Beach GrowSmart ' Department of Economic Development Lisa Howard, Secretary, 222 Central Park Avenue, Suite 1000 President & CEO Virginia Beach, VA 23462 Jim Metzger, Treasurer Paul O. Hirschbiel Jr., Founding Chair Dear Karen, Tony Atwater, Ph.D. I am pleased to inform you that the Grants Committee on behalf of Smart David L. Bernd Beginnings South Hampton Roads Board of Directors voted to award a grant in Barry Bishop the amount of $100,000 the City of Virginia Beach. Gil Bland Smart Beginnings South Hampton Roads will release funds to move forward Bruce Bradley with the following: John Broderick Carlos Campo, Ph.D. • Activity #1 Sponsor 6 to participate in the Small Business Development Jim Dahling Center- a 8 -week course on small business management. Also, the city will sponsor 8 early education professionals through teacher scholarships. Deborah DiCroce, Ed.D. in conjunction with TCC. Chuck Harris . Activity 92 Improve kindergarten transitions through curriculum Jake Jacocks alignment and shared professional development opportunities. Tommy Johnson, Jr • Activity #3 Work in collaboration with the Literacy Institute at VCU to Reynold W. Jordan, Jr. pilot the ExCELL program. Katharine Kersey, Ph.D. Grants will be awarded by January 2012. Please note money not spent during Mary Louis LeHew this grant year will NOT be rolled over and is included in the MOU & Grant Gary McCollum Agreement. All dollars need to be expended by December 31, 2012. Suzanne Puryear Enclosed is a copy of our standard grant agreement, which outlines the specific Lisa Robertson requirements and conditions of your grant including invoice and reporting Alvin Schexnider, Ph.D. collection, Please read carefully, sign and return the original agreement by Bert Schmidt December 30, 2011. Bev Sessoms Smart Beginnings SHR is pleased to be able to continue to support the work of Marcy Sims Virginia Beach on behalf of young children. Lisa Smith David C. Stuckwisch, Ph.D. Yaitlin re , Nancy Welch, MD Y� Carole Whitener Derain Whitney, Ph.D. BUrket Director of Initiatives S. Harry Young Tradewinds Building, 112 Granby Street -Suite 500, Norfolk, VA 23510 757-226-8826: Fax: 757-226-8829 ; www.smartbeginningsshr.org -118- Item 118- Item IV -K.13 ORDINANCES/RESOL UTIONS ITEM # 61590 Ordinance to TRANSFER funds to the Department of Emergency Medical Services (EMS) and AUTHORIZE full-time positions re in-house lifesaving services at the Resort Area Beaches The following individuals registered to speak: Kent Hinnant, 700 Greensboro Avenue, Phone: 422-3341, spoke in OPPOSITION of the Ordinance as he has worked with the City on the oceanfront since 1958. VBLS has been in operation for eighty-two (82) years. Until 1983, the lifeguard service was operated with no cost to the City. From a public safety standpoint, when someone that has been providing a service for fifty (50) plus years states they can safely patrol the beaches with 20 lifeguards and someone else comes in and states they can safely patrol the beaches with less lifeguards, there should be cause for concern. Some of the most important innovations were rejected by the City during the negotiation period and they are creating a public safety issue. It is impossible for VBLS to compete with a government entity. This City is fortunate to have such an interesting operation. The entire Public Safety Department works together to make it work. This operation is in its third generation. VBLS operates because their love of lifeguarding and their love of this City. Since 1947, we have operated out of the same building. Tom Gill, Deputy Chief, VBLS, 804 Kennedy Avenue, Phone: 580-7391, spoke in OPPOSITION, stating that this is a matter of trust. VBLS is a lifesaving organization and has been doing so for over eighty-two (82) years. VBLS is a great partner with the Public Safety Departments in this City. Ryan Eisenberg, 4811 Deming Court, Phone: 373-7926, spoke in OPPOSITION worked for VBLSfrom 2000 to 2009. This company deserves a lot of credit for the person he is. He began working with VBLS at age sixteen (16) and competed with over one hundred (100) applicants for a spot on the team; requirements included First Aid and CPR training, in water and on the stand training, and a grueling run -swim -run where only the top finishers were selected. He described his first rescue and remembers having trouble sleeping that night thinking of that man's well-being. These situations demand a lot from a beach lifeguard and he never felt unprepared. He was taught, trained and tested by those that came before him and returned the favor when he was promoted. Margaret Zontini, 209 69th Street, Phone: 425-7360, spoke in OPPOSITION having been a Volunteer with EMS for over 17 years. The employees of VBLS have always been professional, communicative, caring, skilled and efficient with a willingness to go the extra distance. From IS` Street to 40`x` Street, thousands enjoy the beach from June thru September. These trained lifeguard professionals are quick to assist wherever and whenever needed. Clay Camp, 710 Greensboro Avenue, Phone: 425-0177, spoke in OPPOSITION, having lived in the Beach Borough since he was three (3) years old and he has been a Member of the Virginia Beach Volunteer Rescue Squad since May 1977. The VBLS employees' skill level is without question and their communication system could not be better. VBLS has shown a consistent high degree of respect for the EMS system. He expressed his concern for the lack of a physical facility. At some point the need will be there. This is nota way to run the Oceanfront service. He is also concerned about costs for start-up equipment. VBLS does a great job keeping predominately adolescent staff motivated with team -building activities. Dick Lamb, 1065 Caton Drive, Phone: 496-0936, spoke in OPPOSITION, having been friends and gym buddies with VBLS for over fifteen (15) years. He sees good people doing a good job. Do not lessen or weaken this service for the City of Virginia Beach. Please consider two important things: lifesaving and keeping Virginia Beach very high on the list of safe beach vacation destinations. Gary Felch, 604 Shoreham Court #201, Phone: 491-1178, spoke in OPPOSITION. He is employed as a Captain with VBLS. Mr. Felch asked the members of the audience that were not speaking to stand. January 24, 2012 _119- Item 119- Item IV -K.13 ORDINANCES/RESOLUTIONS ITEM # 61590(Continued) Population at the Resort Beach has grown in excess of Three -Million during the Summer months. Each Summer, VBLS employs over two hundred (200) lifeguards and over thirty (30) supervisors. They enjoy a retention rate of 70% of guards from year to year. 25% of staff possess an EMT Certification or higher. VBLS has an excellent relationship with all of the Public Safety Departments in the City of Virginia Beach. Andy Bedinger, 4609 McGregor Drive, Phone: 377-9936, spoke in OPPOSITION and as a member of VBLS since May 1999 and Virginia Beach Volunteer Rescue Squad since September 1999 with loyalty and allegiance to both organizations who can offer a unique perspective on the question of who should guard our beaches. His service with both organizations is based on two things: enjoyment of work and desire to help the members of this community in times of need. With VBLS on duty, there are decades of supervisor experience patrolling the beach at any given moment — nothing can replace or replicate that experience. He would be just as hesitant to turn over the EMS system to anyone other than the current EMS Chiefs. He is concerned that the collective experience of VBLS will disappear from the Oceanfront. Safety is about more than just about money. Please allow VBLS to continue supporting the City of Virginia Beach being the great place it is. Christopher Jacobs, 2417 Bullock Trail, Phone: 615-0032, spoke in OPPOSITION. Mr. Jacobs is a local trial Attorney, is a Life Member of Virginia Beach EMS and worked for VBLS in the 1990's. Just as everyone else in the City, I am not looking forward to a rise in taxes or fees but what are we looking at is to save these meager dollars? Risks, worker's compensation, liability risk and as a trial Attorney he would argue against sovereign immunity. The City is self-insured and it comes from one pot? There is no complaint that VBLS has done a poor job and the private entity bores the liability. Do not shift the liability to the Government. Scott Gandy, 509 Coastal Drive, Phone: 435-5830 spoke in OPPOSITION. Mr. Gandy is a small business owner for the last fifty-seven (5 7) years. Mr. Gandby stated that if he could find one part of his business that would work right for eighty—two (82) years, there is no way he would ever make any adjustment. Please allow VBLS to continue. David Bostic, 1340 Gannet Run, Phone: 285-0267 spoke in OPPOSITION, is a 49 -year resident of Virginia Beach and is a teacher with VBCPSfor the past fifteen (15) years. Mr. Bostic is a Supervisor with VBLSfor the past seven (7) years. Mr. Bostic is also a Director with the Jr. Lifeguard Camp offered by VBLS and had over 140 participants last year. The campers are from Maryland, North Carolina, our surrounding cities and Virginia Beach. The camp would not exist without the staff, resources and equipment provided by VBLS. Fred Green, 316 Teal Crescent, Phone: 288-0372 spoke in SUPPORT being a member of Sandbridge Volunteer Rescue Squad and associated with the Civic League. The past lifesaving service did an adequate job. Sandbridge Community never got to know the lifesaving service (VBLS). The EMS lifeguards bonded with the community and has attended many Civic League meetings and Squad meetings. Mike Maloney, 304 Teal Crescent, Phone: 721-2211 spoke in SUPPORT. Mr. Maloney is a 17 year resident of Sandbridge and a proud dad of two former lifeguards in Sandbridge. He had great concern when the City switched over to EMS but the service has been more professional and there is more community involvement. Cindy Graf, 2800 Woods Duck Drive, Phone: 721-4088 spoke in SUPPORT, being a full-time resident of Sandbridge. She has noticed, over the last two (2) years, there has been an increased interaction with the lifeguards. She feels confident that if she had an emergency, she would want someone that was EMS trained. January 24, 2012 -120 - Item IV -K.13 ORDINANCESIPESOL UTIONS ITEM # 61590(Continued) Nancy Marscheider, Executive Director, Virginia Beach Hotel Motel Association, spoke in OPPOSITION oil behalf of the VBHMA Board of Directors. All of the hotels at the Virginia Beach Oceanfront support the VBLS and the great job they have done all of these years and would like to see it continue. Dave Foxwell, 3301 Heffington Drive, Phone: 672-6119 spoke in OPPOSITION as a lifelong resident of Virginia Beach with over thirty-two (32) years of lifesaving experience as well as serving as the President of the Local Virginia Beach Chapter of the United States Lifesaving Association and a Regional Delegate for the USLA Mid -Atlantic Region. I have traveled from West Coast to East Coast; Gulf Coast to beaches of Chicago and have seen all types of beach operations. The choice is which one is going to be at the Resort this Summer. Please consider the experience. Lifesaving is a profession. You cannot put dollar signs on an individual's life. Kevin Martingayle, 211 61s` Street, Phone: 416-4009 spoke in OPPOSITION. Mr. Martingayle is the Legal Advisor to Rescue 14 and a former lifeguard from 1988-1991. VBLS track record is unparallel. He does not feel government should take over a small business. VBLS provides a tremendous amount of unidentified benefits. Anita Curry, 400 Rudee Point Road #104, Phone: 633-0190 spoke in OPPOSITION and stated that nothing is broken. Ms. Curry was a lifeguard from 1977 — 1982, and the training she received is invaluable. Keep VBLS contract in place and celebrate what a wonderful service this City has. George Prazmark, 801 Toledo Place, Phone: 301-9565spoke in OPPOSITION. Mr. Praznark resides in Lago Mar and has been a long distance ocean swimmer for the past thirty (30) years. The question he has for the Members of City Council is why are you even considering this? Julie Lavine, spoke in OPPOSITION as a lifelong resident of Virginia Beach, currently lives in Allenton and is a teacher at Cape Henry. The City of Virginia Beach is fortunate to have afire department focus on fires, EMS department to focus on medical issues and lifeguard service to focus of lifesaving services. Please continue the VBLS Contract. Tim Riley, 2012 Tuckahoe Ct., Phone: 721-3319 spoke in OPPOSITION, having been a citizen for twenty- eight (28) years and feels that the beaches are safe. His concern is the unknown and if it is not broken, then do not fix it. Abby Hoobler, 305 51-'12 Street, Phone: 619-7414 spoke in OPPOSITION, having been a lifeguard with VBLS for five (5) years and one (1) year as a Supervisor. VBLS has always provided the City with the most professional, efficient and successful lifeguard service based on over eight (8) decades of experience. Shifting to an EMS ran service would be a determent to the safety of the citizens and visitors. Ms. Hoobler previously forwarded a letter to Members of City Council in support of VBLS. Jimmy Frost, 2240 Windom Place, Phone: 343-6768, spoke in OPPOSITION. Please allow the VBLS to continue as for the government to take this over would be wrong. Let VBLS do what they have been doing successfully year after year. January 24, 2012 -121 - Itenz IV -K13 ORDINANCES/RESOLUTIONS ITEM# 61590(Continued) Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DENIED: Ordinance to TRANSFER funds to the Department of Emergency Medical Services (EMS) and AUTHORIZE full-time positions re in-house lifesaving services at the Resort Area Beaches Voting: 4-7 Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Rosemary Wilson and James L. Wood Council Members Voting Nay: Glenn R. Davis, William R "Bill" DeSteph, Harry E. Diezel, Barbara M. Henley John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Council Members Absent. None January 24, 2012 1 AN ORDINANCE TO TRANSFER FUNDS AND 2 AUTHORIZE FTE'S IN THE FY 2011-12 OPERATING 3 BUDGET OF THE DEPARTMENT OF EMERGENCY 4 MEDICAL SERVICES FOR LIFESAVING SERVICES AT 5 THE RESORT AREA BEACHES AND TO AUTHORIZE THE 6 CITY MANAGER TO TAKE RELATED ACTIONS 7 8 WHEREAS, at its workshop session on August 16, 2011, the City Council 9 directed staff to issue a request for proposals ("RFP") for lifesaving services and also to 10 have the Department of Emergency Medical Services ("EMS") prepare a cost estimate 11 for providing these services "in-house;" and 12 13 WHEREAS, the City received one proposal in response to the RFP, from Virginia 14 Beach Lifesaving Services, Inc. ("VBLS"), which was referred to the RFP committee for 15 review to determine if the proposal fully qualified; and 16 17 WHEREAS, the "in-house" cost estimate was provided in a sealed envelope to 18 the City Auditor; and 19 20 WHEREAS, subsequent to the RFP committee finding the VBLS proposal was 21 fully qualified, both the VBLS proposal and the EMS cost estimate were evaluated 22 based on pricing for the same level of service after consideration of possible deduct 23 options; and 24 25 WHEREAS, the City Auditor reported a projected expenditure savings over the 26 five-year term of approximately $1.4 million if these services were provided "in-house" 27 by EMS; and 28 29 WHEREAS, it is the sense of City Council that the "in-house" option for lifeguard 30 services is in the best interest of the City. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 33 OF VIRGINIA BEACH, VIRGINIA, THAT, 34 35 1. $ 311,671 is hereby transferred from Contractual Services to Salaries and Fringe 36 Benefits in the FY 2011-12 Operating Budget of EMS; and 37 38 2. $ 50,216 is hereby transferred from the General Fund Reserve for Contingencies 39 to the FY 2011-12 Operating Budget of EMS; and 40 41 3. Two additional full-time positions and 1.02 part-time FTE's are authorized in the 42 FY 2011-12 Operating Budget of EMS; and 43 44 4. The City Manager is hereby authorized to take those steps necessary for EMS to 45 manage the lifesaving services for the Resort Area Beaches. Denied by the Council of the City of Virginia Beach, Virginia, on the 24th day of January, 2012. APPROVED AS TO CONTENT Management Services CA12106 R-1 January 12, 2012 APPROVED AS TO LEGAL SUFFICIENCY: it ney'i ice Item IV -L. PLANNING 1. LA PAZ, LLC, CIO CHRIS WOOD Z CS2 ACQUISITION, LLC 3. BUDDHIST EDUCATION CENTER OF AMERICA DONG HUNG TEMPLE, INC. -122- ITEM # 61591 4. MCQ BUILDERS, LLC and KROLL ENTERPRISES, II, LLC, 5. Ordinance to AMEND Sections 2100 and 2102 of the City Zoning Ordinance (CZO) pertaining to the purpose and intent of Article 21 (Workforce Housing) re definitions and eligibility requirements(Deferred January 10, 2012) NONCONFORMING USE VARIANCE MODIFICATOIN OF CONDITIONAL USE PERMIT (Approved April 2, 2011) MODIFICATION OF PROFFERS January 24, 2012 -123 - Item IV -L.1, 2, 3, 4 and 5. PLANNING ITEM # 61592 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Item I (Councilman Wood Abstaining), Item 2, Item 3 Item 4, Item 5 (Councilman DeSteph and Moss Verbal Nay) of the PLANNING BY CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 24, 2012 -124 - Item IV -L.1. PLANNING ITEM # 61593 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, AS CONDITIONED, Application of LA PAZ, LLC, CIO CHRIS WOOD re a Nonconforming Use to renovate and ADD to the existing structure at 2256 Calvert Street (DISTRICT 5 — LYNNHAVEN) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of LA PAZ, LLC, CIO CHRIS WOOD re a Nonconforming Use to renovate and ADD to the existing structure at 2256 Calvert Street (GPIN 1590710664). DISTRICT 5 - LYNNHAVEN The following conditions shall be required: The exterior renovations and additions to the existing structure shall substantially adhere to the submitted Site Plan entitled "Survey Exhibit, Lot 14, Block 13, Section G, Cape Henry", dated August 12, 2011, and prepared by Martin Engineering. Said Site Plan has been exhibited to the City Council and is on file in the Planning Department. 2. The exterior renovations and additions to the existing structure shall substantially adhere to the submitted perspective building rendering, entitled by City staff as "Rendering for 2256 Calvert Street, dated December 19, 2011. " Said rendering has been exhibited to the City Council and is on file in the Planning Department. This Ordinance shall be effective in accordance with Section 107(of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Fourth day of January, Two Thousand Twelve. January 24, 2012 Item IV -L.1. PLANNING Voting: 10-0 (By Consent) Council Members Voting Aye: -125 - ITEM # 61593 (Continued) Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: Council Members Absent: None Council Members Abstaining James L. Wood January 24, 2012 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING 3 USE ON PROPERTY OWNED BY LA PAZ, 4 LLC AND LOCATED AT 2256 CALVERT 5 STREET 6 7 WHEREAS, La Paz, LLC (hereinafter the "Applicant") has made application to 8 the City Council for authorization to enlarge a nonconforming use located at 2256 9 Calvert Street, in the R-7.5, Residential Zoning District, by adding exterior renovations 10 and additions to the existing duplex structure; and 11 12 WHEREAS, the duplex structure is not currently allowed in the R-7.5 Zoning 13 District, and is nonconforming as it was built prior to the adoption of the applicable 14 zoning regulations; and 15 16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 17 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 18 City Council authorizing such action upon a finding that the proposed use, as enlarged, 19 will be equally appropriate or more appropriate to the zoning district than is the existing 20 use; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby finds that the proposed use, as enlarged, will be 26 equally appropriate to the district as is the existing nonconforming use under the 27 conditions of approval set forth hereinbelow. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA: 31 32 That the enlargement of the nonconforming use is hereby authorized, upon the 33 following conditions: 34 35 1. The exterior renovations and additions to the existing structure shall substantially 36 adhere to the submitted site plan entitled "Survey Exhibit, Lot 14, Block 13, 37 Section G, Cape Henry", dated August 12, 2011, and prepared by Martin 38 Engineering. Said plan has been exhibited to the City Council and is on file in 39 the Planning Department. 40 41 2. The exterior renovations and additions to the existing structure shall 42 substantially adhere to the submitted perspective building rendering, entitled by 43 city staff as "Rendering for 2256 Calvert Street, dated December 19, 2011. Said 44 rendering has been exhibited to the City Council and is on file in the Planning 45 Department. 46 47 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day Of-TANIIARY , 2012. APPROVED AS TO CONTENT ' PlanAi '�Pepartment CA12105 R-2 January 12. 2012 APPROVED AS TO LEGAL SUFFICIENCY: Fill NI-81ATEW"I'll ` i'- � - • - Z W a ZM Z *1 Jp -126- Item 126- Item IV -L.2. PLANNING ITEM # 61594 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, AS CONDITIONED, application of CS2 ACQUISITION, LLC for a Variance to §4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 4800 Dolton Drive (DISTRICT 2 — KEMPSVILLE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CS2 ACQUISITION, LLC for a Variance to §4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 4800 Dolton Drive (GPIN 1477212202) DISTRICT 2 - KEMPSVILLE The following conditions shall be required: The parcels shall be subdivided substantially in accordance with the submitted "Cambria At Cornerstone — Phase 11 Compiled Lot Layout Exhibit"; dated September 29, 2011, and prepared by the Timmons Group. Said exhibit has been exhibited to the City Council and is on file in the Planning Department. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Forth day of January, Two Thousand Twelve January 24, 2012 Item IV -L.2. PLANNING Voting: 11-0 (By Consent) Council Members Voting Aye: -127 - ITEM # 61594 (Continued) Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Cif January 24, 2012 -128 - Item IV -L.3. PLANNING ITEM # 61595 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT application of BUDDHIST EDUCATION CENTER OF AMERICA DONG HUNG TEMPLE, INC. for a Modification of a Conditional Use Permit re plan and building elevations (approved April 2, 2011) for a religious use at 423 Davis Street (DISTRICT 2 — KEMPSVILLE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BUDDHIST EDUCATION CENTER OF AMERICA DONG HUNG TEMPLE, INC. for a Modification of a Conditional Use Permit re plan and building elevations (approved April 2, 2011) for a religious use at 423 Davis Street (GPIN1467493165) DISTRICT 2 — KEMPSVILLE The following conditions shall be required: The applicant shall obtain all necessary alteration permits and a Certificate of Occupancy for the change of use from the Department of Planning Permits and Inspections Division and the Fire Department before occupancy and the use of the existing building for a religious facility. 2. The applicant is notified that the installation of curb and gutter may be required during the Phase Two improvements. 3. A Site Plan shall be submitted to the Department of Planning, Development Services Center, for the development of the required parking, stormwater management and landscaping improvements to this site. 4. All statues shall meet the required front, rear and side yard setbacks. 5. Prior to installation of lighting for the paved parking lot, a photometric plan shall be submitted to the Department of Planning for review and approval. 6. When the property is developed, it shall be developed substantially as shown on the exhibits entitled "Buddhist Education Center ofAmerica (Center) Sheets 1 - 7 of 7" undated, a copy of which is on file with the Department of Planning. The existing landscape buffer along the perimeter of the property shall remain and shall be enhanced with native Evergreen trees adjacent to any residential dwelling area. 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 Twenty -Forth day of January, Two Thousand Twelve. January 24, 2012 Item IV -L.3. PLANNING Voting: 11-0 (By Consent) Council Members Voting Aye: BW42 ITEM # 61595 (Continued) Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 24, 2012 Iteni IV -L.4. PLANNING -130- ITEM # 61596 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council MODIFIED, BY CONSENT, application of MCQ BUILDERS, LLC and KROLL ENTERPRISES, II, LLC, for a Modification of Proffers No. 3 and 4 (approved November 25, 2008) at Dam Neck Road and Southcross Drive (DISTRICT 7 - PRINCESS ANNE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of MCQ BUILDERS, LLC and KROLL ENTERPRISES, It, LLC, for a Modification of Proffers No. 3 and 4 (approved November 25, 2008) at Dam Neck Road and Southcross Drive (GPINs 1484263789, 1484261703, 1484262739, 1484177090, 1484260665, 1484262817, 1484260500, 1484260548, 1484261859, 1484177024, 1484261404, 1484260971, 1484169474, 1484167971, 1484261522, 1484260903, 1484169806, 1484261549, 1484167623, 1484169873, 1484261685, 1484169925, 1484260871, 1484261793, 1484262336, 1484262463, 1484262580, 1484271036, 1484263507, 1484263635, 1484263752, 1484264806, 1484264935, 1484273060, 1484179191, 1484270068, 1484272082, 1484272015, 1484169347, 1484164715) DISTRICT 7 - PRINCESS ANNE The following condition shall be required: 1. An Amended Agreement, encompassing proffers, shall be recorded with the Clerk of Circuit Court and is hereby made a part 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 Twenty -Forth day of January, Two Thousand Twelve. January 24, 2012 Item IV -L.4. PLANNING Voting: 11-0 (By Consent) Council Members Voting Aye: -131 - Item 131 - ITEM # 61596 Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 24, 2012 In Reply Refer To Our File No. DF -8228 TO: Mark D. Stiles FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: January 13, 2012 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; MCQ Builders, LLC & Kroll Enterprises II, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on January 24, 2012. 1 have reviewed the subject proffer agreement, dated December 15, 2011 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. B KW/ka Enclosure cc: Kathleen Hassen/ PREPARED BY: 3 SITE, -DCORDONT. 1 APERN & LEVY, P.C. FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS McQ BUILDERS, LLC -1, a Virginia limited liability company KROLL ENTERPRISES II, L.L.C., a Virginia limited liability company VILLAGE BEND, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 15th day of December, 2o11, by and between McQ BUILDERS, LLC -1, a Virginia limited liability company, party of the first part, Grantor; KROLL ENTERPRISES II, L.L.C., a Virginia limited liability company, party of the second part, Grantor; VILLAGE BEND, L.L.C., a Virginia limited liability company, party of the third part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the fourth part, Grantee. WITNESSETH: WHEREAS, the party of the third part has recorded two (2) plats subdividing 32.58o acres of land located in the Princess Anne District of the City of Virginia Beach, Virginia (hereinafter referred to as the "Property") which plats are entitled, "PLAT OF SUBDIVISION VILLAGE BEND PHASE to CITY OF VIRGINIA BEACH, VIRGINIA" and "PLAT OF SUBDIVISION VILLAGE BEND PHASE 1B CITY OF VIRGINIA BEACH, VIRGINIA", which plats are recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20110920000973170 and Instrument Number 20111213001274240; and GPIN: 1484-26-3789 1484-26-2336 1484-26-3635 1484-27-3o6o 1484-27-Oo68 1484-16-7971 1484-26-1522 1484-26-o903 1484-16-98o6 1484-26-1549 1484-26-0500 1484-26-2463 1484-26-3752 1484-27-2082 1484-17-9191 1484-16-9873 1484-26-1685 1484-16-9925 1484-26-o871 1484-26-1793 Prepared Bv: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 1484-16-9474 1484-26-258o 1484-26-48o6 1484-27-2015 1484-16-9347 1484-26-1703 1484-26-2739 1484-17-7090 1484-26-0665 1484-26-2817 1484-16-7623 1484-26-3507 1484-26-4935 1484-27-1036 1484-16-4715 1484-26-0548 1484-26-1859 1484-17-7024 1484-26-1404 1484-26-0971 PREPARED BY: A SI ES. BOURDON, 0 A11FRh & LET P.C. WHEREAS, the party of the third part is the owner of seventeen (17) lots, Common Area 1 and the one (i) Residual (future development) Parcel, as depicted on the subdivision plats, containing a total of 25.923 acres which lots and parcel are more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the party of the first part is the owner of ten (10) lots as depicted on the subdivision plat containing a total of 1.925 acres, which lots are more particularly described in Exhibit "B" attached hereto and incorporated herein by this reference; and WHEREAS, the party of the second part is the owner of ten (10) lots as depicted on the subdivision plat containing a total of 1.915 acres, which lots are more particularly described in Exhibit "C" attached hereto and incorporated herein by this reference; and WHEREAS, the Grantors as the owners of all the Parcels and Lots which comprise the Property have initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantors have requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated November 29, 2007 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument #20081205001382120 (hereinafter "2008 Proffers"), to reflect an amendment applicable to the land use plan on the Property; and WHEREAS, with the exception of Proffers numbered "3" and "4", it is the Grantors' intent to reaffirm all of the covenants, restrictions and conditions set forth in the 2008 Proffers; 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 WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of 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 are needed to cope with the situation to which the Grantors' proposed modification of conditions to the zoning gives rise; and 91 PREPARED BY: 3 SITES. ROURDON. 11 A14ERN & LEVY. P.C. WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantors, 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 make the following amended declaration of conditions and restrictions which, along with the unchanged covenants, conditions and restrictions set forth in the 2oo8 Proffers 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 Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer numbered 3 as set forth in the 20o8 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 3. When the Property is developed, it shall be subdivided into no more than one hundred three (103) single family residential building lots. The homes will be built on a crawlspace or a minimum 12" elevated solid foundation (i.e. slab) with a front brick skirt. Two story homes shall be constructed with a minimum 2300 square feet of enclosed heated living area and one story homes shall be constructed with a minimum of 2100 square feet of enclosed heated living area. Each home shall have a two (2) car garage (minimum dimension 18' x 18') and corresponding driveway. The architectural designs and building materials utilized shall be substantially as exhibited on the pictures labeled "Home Styles at Village Bend" which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Planning Department (the "Pictures"). When constructed, each home shall have, at a minimum, 25 -year architectural shingles, maintenance free vinyl soffits, and sodded front yards. 3 PREPARED BY: 6,13 SYKES, BOURDON, iil A11£RN & LEVY. P.C. 2. Proffer numbered 4 as set forth in the 2008 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 4. When the Property is developed, the party of the first part shall record a Declaration submitting the Lots and all of the Property outside the public rights of way to a mandatory membership Property Owners' Association which shall be responsible for maintaining the park, playground equipment, all open spaces, common areas, vegetated buffer easement, landscaping, entrance feature and other improvements on the Property as depicted on the Site Plans. The Declaration shall also include a Deed Restriction which precludes further subdivision of the Property to create any additional residential building lots in excess of one hundred and three (103). 3. Except for the modification by replacement of Proffers numbered 3 and 4, the remaining ten (io) proffered covenants, restrictions and conditions as set forth in the 442oo8 Proffers" are hereby ratified and affirmed. The above conditions, having been proffered by the Grantors 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 Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument 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, 195o, 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 Grantors 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 L! PREPARED BY: W SITES, ROURDON. N A -URN & L[Nq' P.C. Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; 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 Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and 0 (4) The Zoning Map may show by an appropriate symbol on the map 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 Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. l WITNESS the following signature and seal: Grantor: McQ Builders, LLC -1, a Virginia limited liability company i r _ i BY%tet �, (SEAL) William H. McCutcheon, Jr., Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 6th day of January, 2012, by William H. McCutcheon, Jr., Manager of McQ Builders, LLC -1, a Virginia limited liability company, Grantor. Notary Public V My Commission Expires: August 31, 2014 Notary Registration No.: 192628 PREPARED BY: U SITES, PO R2DON. 0 ARM & Ltd'. P.C. I WITNESS the following signature and seal: Grantor: Kroll Enterprises II, L.L.C., a Virginia limited liability company STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: SEAL) The foregoing instrument was acknowledged before me this 5 t day of January, 2012, by Jeffrey Kroll, Managing Member of Kroll Enterprises II, L.L.C., a Virginia limited liability company, Grantor. _'4;'_'_ f6, Notary Public My Commission Expires: August 31, 2014 Notary Registration No.: 192628 PREPARED BY: 1.10 SYKES, BOURDON. 0 ATIERN & LEVI', P.C. 7 WITNESS the following signature and seal: Grantor: Village Bend, L.L.C., a company Virginia limited liability STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this 5th day of January, 2012, by John Bishard, Managing Member of Village Bend, L.L.C., a Virginia limited liability company, Grantor. A�Itln 1140 ,- 6 a Notary Public My Commission Expires: August 31, 2014 Notary Registration No.: 192628 PREPARED BY: �'i SUES, ESQ POUPDONI , A VON & LLAII, P.C. M EXHIBIT "A" VILLAGE BEND, L.L.C. LOTS: ALL THOSE certain lots, pieces or parcels of land, together with the buildings and improvements thereon, and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia and being known, numbered and designated as Lots 47, 83, 84, 41, 42, 43, 44, 45, 46, 48, 49, 50, 51, 52, 53, 54, 55 and 85, COMMON AREA 1, REMAINDER OF PARCEL B -1-A, as shown on the plats entitled "PLAT OF SUBDIVISION VILLAGE BEND PHASE 1A CITY OF VIRGINIA BEACH, VIRGINIA", dated July 20, 2011 and "PLAT OF SUBDIVISION VILLAGE BEND PHASE 1B CITY OF VIRGINIA BEACH, VIRGINIA", dated November 18, 2011, made by AES Consulting Engineers, which plats are recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 2011092000097317o and Instrument Number 20111213001274240. GPIN: 1484-26-3789 1484-26-2336 1484-26-3635 1484-27-3o6o 1484-27-Oo68 PREPARED BY: (11 SUES, ROURDON. ill ,JIDIN & LEW, R.C. 1484-26-0500 1484-26-2463 1484-26-3752 1484-27-2082 1484-17-9191 W 1484-16-9474 1484-26-258o 1484-26-48o6 1484-27-2015 1484-16-9347 1484-16-7623 1484-26-3507 1484-26-4935 1484-27-1036 1484-16-4715 EXHIBIT "B" McQ BUILDERS, LLC -1 LOTS: ALL THOSE certain lots, pieces or parcels of land, together with the buildings and improvements thereon, and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia and being known, numbered and designated as Lots 76, 78, 8o, 82, 94, 96, 98, loo, 102 and 103, as shown on the plat entitled "PLAT OF SUBDIVISION VILLAGE BEND PHASE 1A CITY OF VIRGINIA BEACH, VIRGINIA", dated July 20, 2011 and made by AES Consulting Engineers, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20110920000973170. GPIN: 1484-16-7971 1484-16-9873 1484-26-1522 1484-26-1685 1484-26-o903 1484-16-9925 PREPARED BY: IM SITIES. BOUPDON, 101 AIIIERN & LEVY. P.C. 10 1484-26-1703 1484-26-0548 1484-26-2739 1484-26-1859 PREPARED BY: 110 SYKES, BOURDON. A ANON & LEVY, P.C. EXHIBIT "C" KROLL ENTERPRISES II, L.L.C. LOTS: ALL THOSE certain lots, pieces or parcels of land, together with the buildings and improvements thereon, and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia and being known, numbered and designated as Lots 56, 57, 77, 79, 81, 93, 95, 97, 99 and lol, as shown on the plat entitled "PLAT OF SUBDIVISION VILLAGE BEND PHASE 1A CITY OF VIRGINIA BEACH, VIRGINIA", dated July 20, 2011 and made by AES Consulting Engineers, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20110920000973170. GPIN: 1484-17-7090 1484-17-7024 1484-16-9806 1484-26-0871 1484-26-0665 1484-26-1404 1484-26-1549 1484-26-1793 1484-26-2817 1484-26-0971 \\Sykesw2k\users\AM\Mod of Proffers\McQ Builders\ist Amendment to Proffers—Clean 1-04-12.doc 11 Item IV -L. S. PLANNING -132 - ITEM # 61597 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT. Ordinance to AMEND §§ 2100 and 2102 of the City Zoning Ordinance (CZO) pertaining to the purpose and intent of Article 21 (Workforce Housing) re definitions and eligibility requirements (Deferred January 10, 2012) Voting: 9-2 (By Consent) Council Members Voting Aye.- Glenn ye: 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: William R. "Bill" DeSteph and John D. Moss Council Members Absent: None January 24, 2012 1 2 AN ORDINANCE TO AMEND SECTIONS 3 2100 AND 2102 OF THE CITY ZONING 4 ORDINANCE, PERTAINING TO THE 5 PURPOSE AND INTENT OF ARTICLE 21 6 (WORKFORCE HOUSING) OF THE CITY 7 ZONING ORDINANCE, DEFINITIONS, AND 8 ELIGIBILITY REQUIREMENTS FOR 9 WORKFORCE HOUSING 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: ` 16 17 That Section 2100 of the City Zoning Ordinance, pertaining to the purpose and 18 intent of Article 21 (Workforce Housing) is hereby amended and reordained, to read as 19 follows: 20 21 Sec. 2100. Purpose and intent. 22 23 The purpose and intent of this article is to encourage the development of high - 24 quality housing that is --{4} affordable by households with annual incomes of betweee 25 26 , 27 , falling 28 within a prescribed range for prospective purchasers and prospective renters of 29 workforce housing respectively, set forth in the Workforce Housing provisions of 30 Chapter 16 of the City Code and who live or work in Virginia Beach. Because such 31 households generally, although not uniformly, consist of one (1) or two (2) working 32 members, such housing is termed "workforce housing." In order to accomplish that goal, 33 this article establishes incentives for the construction of workforce housing in areas of 34 the city, including Strategic Growth Areas, in which the Comprehensive Plan recognizes 35 increased density to be appropriate. Equally importantly, this article also ensures that 36 workforce housing will be well-designed, of high quality, and well -integrated into the 37 overall development of which it is a component. 38 39 COMMENT 40 The amendment deletes enumeration of the exact ranges of incomes necessary for 41 qualification for workforce housing. Because the exact ranges are specified in the workforce 42 housing provisions set forth in Chapter 16 of the City Code, it is unnecessary to do so in the City 43 Zoning Ordinance provisions as well. 44 45 .... 46 47 Sec. 2102. - Definitions. 48 49 As used in this article, the following terms shall be defined as follows: 50 51 (a) Affordable. Housing is considered affordable if no more than 52 approximately thirty (30) percent of the gross household income of the purchaser or 53 renter is spent on direct housing costs as set forth in Article VIII of Chapter 16 of the 54 City Code. For buyers, such costs include mortgage principal, interest, taxes, 55 homeowner's insurance, mandatory homeowners' association dues and condominium 56 fees, but do not include utilities or other related housing costs. For renters, such costs 57 include rent payments and an allowance for tenant -paid utilities other than cable 58 television and telephone service, but do not include other related housing costs. 59 60 (b) Affordability level statement. A statement of the number of workforce 61 housing units that are affordable to eligible buyers at eighty (80) peMent, niRety (90) 62 , one hundFed ten (110) peFGent and one huRdF 63 , or to eligible renters at sixty 64 , eighty (89) perGent ninety (90) perGent and, wheFe 65 designated percentages of 66 Area Median Income. 67 68 (c) Area median income (AMI). The Area Median Income for the Virginia 69 Beach -Norfolk -Newport News, Virginia Metropolitan Statistical Area (MSA) published 70 annually by the U.S. Department of Housing and Urban Development (HUD) and 71 adjusted for household size. 72 73 (d) Bonus density. An increase in the maximum allowable dwelling unit 74 density on a property attributable to the provision of workforce housing on that property. 75 76 (e) Eligible buyer. A person whose workforce housing application has been 77 approved and who meets the home ownership requirements of the workforce housing 78 program. These requirements center on gross annual income, financial assets, and 79 location where one the prospective buyer works and lives. 80 housing URit, annual gFess inGorne must generally be behyeen eighty (80) peFGent and 81 2 82 83 (f) Eligible renter. A person whose workforce housing application has been 84 approved and who meets the rental requirements of the workforce housing program. 85 These requirements center on gross annual income, financial assets, and location 86 where eee the prospective renter works and lives. unit, - 87 annual g a Fnu6t generally be behyeeR SiXty (60) peFGeRt and RiRety (90) 88 peFGeRt of AFea MediaR InGOFne OF, 89 90 91 (g) Strategic growth area (SGA). Areas of the city that are designated in the 92 Comprehensive Plan to absorb most of city's future growth, both residential and non - 93 residential. These areas, which are planned for more intensive uses than most other 94 areas of the city, are characterized by the integration, not separation, of diverse but 95 compatible uses including, where appropriate, residential uses. 96 97 (h) Workforce housing (WFH). Housing that is generally affordable to 98 households with working members who live or work in the City of Virginia Beach. For 99 home ownership, it is housing that is priced to be affordable to households with annual 100 incomes 101 within a range prescribed in Section 16-46 of the City Code. For rentals, it is housing 102 that is priced to be affordable to households with annual incomes "o+weeR sixty (69) 103 , 104 within a range 105 prescribed in Section 16-51 of the City Code. 106 107 (i) Workforce housing discount. The difference in sales price between a 108 market rate unit and an equivalent workforce housing unit. This amount is calculated to 109 be the reduction in sales price necessary to make a workforce housing unit affordable to 110 a household at a targeted income level. 111 112 (j) Workforce housing unit (WFH unit). A dwelling unit that is reserved for 113 sale or rent by an eligible buyer or eligible renter, as the case may be, at a price 114 incorporating the workforce housing discount. Workforce housing units are constructed 115 as a result of the bonus density provisions that allow the construction of a greater 116 number of dwelling units on a specific parcel of land than is otherwise allowed in 117 exchange for the provision of workforce housing on the parcel. 118 119 120 121 3 122 123 124 125 126 127 128 COMMENT The amendments delete language that is duplicative of language in the City Code Chapter 16 workforce housing provisions, and is therefore unnecessary. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 129 24th day of January_, 2012. CA -12052 R-3 December 14, 2011 APPROVED AS TO CONTENT: Planning APPROVED AS TO LEGAL SUFFICIEN City Attorney's Office APPROVED AS TO CONTENT: ),atm- Dek of Housing and Neighborhood Preservation 2 -133 - Iters IV -M. APPOINTMENTS ITEM # 61598 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BOARD OF BUILDING CODE APPEALS COMMUNITY MEDICAL ADVISORY COMMITTEE COMMUNITY SER VICES BOARD HEALTH SERVICES ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS and RECREATION COMMISSION PLANNING COMMISSION SOCIAL SERVICES BOARD January 24, 2012 -134 - Item IV-M.I. APPOINTMENTS ITEM # 61599 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED FROM ALTERNATE TO MEMBER: LARRY W. SHA CKLEFORD GEORGE N. TZAVARAS 3 year term: 0310112012-0212812015 PERSONNEL BOARD Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. None Council Members Absent: None January 24, 2012 Nam Item IV -P ADJOURNMENT ITEM # 61600 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 9:02 P.M. Amanda Finley -Barnes, CMC Deputy City Clerk Ruth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor January 24, 2012 -135 - Item IV -P ADJOURNMENT ITEM # 61600 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 9:02 P.M. , ;-- - - �--A- - - 4 � �- Amanda Finley -Barnes, CMC Deputy City Clerk th Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. D. Sessoms, Jr. Mayor January 24, 2012