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Home My WebLink AboutFEBRUARY 28, 2012 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At-Large VICE MAYOR LOUIS R. JONES, Bayside -District 4 GLENN R. DAV/S, Rose Hall -District 3 W/LL/AM R. DeSTEPH, At-Large HARRY E. D/EZE/„ Kempsville -District 2 ROBERT M. DYER, Centerville -District 1 BARBARA M HENLEY, Princess Anne -District 7 JOHN D. MOSS, At-Large JOHN E. UHR/N, Beach -District 6 ROSEMARY W/I,SON, At-Large JAMES L. WOOD, Lynnhaven -District S CITY COUNCIL APPOINTEES CITY MANAGER -JAMES K. SPORE C/TY ATTORNIi Y -- MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUD/TOR -- LYNDON S. REMIAS CITY CLERK -RUTH HODGES ERASER, MMC CITY COUNCIL AGENDA 28 FEBRUARY 2012 I. CITY MANAGER'S BRIEFINGS -Conference Room- 1. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director -Finance Department 2. MID-YEAR ENERGY UPDATE Lori Herrick, Energy Management Administrator II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW CITY HALL BUI 2401 COURTHOUSE. VIRGINIA BEACH, VIRGINIA 2345 PHONE: (757) 38 FAX (757J 38 E- MA/L: Ctycncl ct,vbg 3:30 PM IV. INFORMAL SESSION -Conference Room- 4:30 PM A. CALL TO ORDER -Vice Mayor Louis R. Jones B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Vice Mayor Louis R. Jones B. INVOCATION: Reverend Thomas Powell Pastor Calvary Chapel 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. CONSENT AGENDA I. PUBLIC COMMENT 1. VIRGINIA TOURISM ZONE GAP FINANCING February 14, 2012 J. PUBLIC HEARING 1. LEASE OF CITY-OWNED PROPERTY -Virginia Beach Farmers Market a. Skipper Farms b. Seasons Best Bakery, LLC K. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Section 4-1 re Special Events Permits b. Section 5-531 re keeping dogs under restraint -Leash Law c. ADD Chapter 25.1 of the City Code re precious metal and gem dealers 2. Ordinances to AUTHORIZE the City Manager to EXECUTE Leases at the Farmers Market: a. Linda K. and William E. Skipper (t/a Skipper Farms) b. Seasons Best Bakery, LLC 3. Resolution to ESTABLISH the STONE AMBULANCE SERVICE, INC. and an annual EMS Permit re private ambulance services 4. Resolution to REMOVE the Maple Street site as a potential dredge spoils site Ordinances to ACCEPT and APPROPRIATE: a. $1,549,13 8 from the Federal Emergency Management Agency (FEMA) to ESTABLISH the Severe Repetitive Loss Grant Program; AUTHORIZE the City Manager to EXECUTE a Grant Agreement; and, the remaining $172,127 will be the responsibility of the property owners b. $31,135 from United States Homeland Security through Virginia Emergency Management to the Fire Department to continue the Citizen Corps Council and Community Emergency Response Team c. $31,226 from the Fund Balance of the Sheriff s Office Special Revenue and $21,276 in estimated State Revenue re a Public Safety Analyst position 6. Ordinance to TRANSFER $100,000 from 19th Street Corridor improvements to the Rudee Inlet Connector Walk, Phase I to proceed with the construction L. PLANNING Application of VIRGINIA BEACH FINANCIAL SERVICE/EDWARD HALLORAN re a Variance to Section SB of the Site Plan Ordinance to preserve a historic structure at 5241 Princess Anne Road re the Floodplain KEMPSVILLE DISTRICT RECOMMENDATION APPROVAL 2. Application of COURTHOUSE SELF-STORAGE ASSOCIATES, LLC for a Street Closure re an unimproved portion of James Madison Boulevard PRINCESS ANNE DISTRICT RECOMMENDATION APPROVAL 3. Application of TKC LAND DEVELOPMENT II, LLC for a Conditional Use Permit re a retail store and bulk storage yard at Princess Anne and Sandbridge Roads DISTRICT 6 -PRINCESS ANNE RECOMMENDATION APPROVAL 4. Application of INLAND DIVERSIFIED REAL ESTATE SERVICES, L.L.C. for a Conditional Use Permit re an outdoor recreation at 3300-3388 Princess Anne Road PRINCESS ANNE DISTRICT RECOMMENDATION APPROVAL 5. Application of the CITY OF VIRGINIA BEACH for a Change of Zoning District Classification from R-10 Residential (HK) to P-1Preservation (HK) at 524 Kempsville Road re a public park as recommended by the Historic Kempsville Area Master Plan DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 6. Application of MCQ BUILDERS, LLC. -1 for a Change of Zoning District Classification from PDH-2 Planned Unit Development Overlay to P-1 Preservation at 467 and 473 North Witchduck Road BAYSIDE DISTRICT RECOMMENDATION APPROVAL 7. Ordinance to AMEND Sections 111 and 1001 of the City Zoning Ordinance (CZO) re the definition, storage, distribution and manufacture of high and low explosives RECOMMENDATION M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT PARKS and RECREATION COMMISSION PERSONNEL BOARD PLANNING COMMISSION SOCIAL SERVICES BOARD THE PLANNING COUNCIL N. O P UNFINISHED BUSINESS NEW BUSINESS ADJOURNMENT ADVISORY COMMITTEE APPROVAL If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 2012 CITYHOLIDAYS 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 March 27 Proposed Budget Presented to City Council April3 Budget Workshop April S Budget Open House (all departments) April 10 Budget Workshop April 17 Budget Workshop April 19 Budget Public Hearing April 24 Budget Workshop and Public Hearing May 1 Budget Reconciliation Workshop May 8 Budget Adoption Agenda 02/28/2012gw -1- 4 ~ ''` ~, ~Lti ,~ ~ ~ ~ ~, ~' 7_ j x .~ ~ ~,.a. V r-J ,, ; ~~. ~1, ~~ ~. ~,' VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 28, 2012 Vice Mayor Louis R. Jones, called to order the CITYMANAGER'S BRIEFING, re the INTERIM FINANCIAL STATEMENT in the City Council Conference Room at 3: 30 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, John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Absent: Mayor William D. Sessoms, Jr. (Mayoral visit to Sister City in Northern Ireland) February 28, 2012 -2- CITYMANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT 3:30 P.M. ITEM #61635 City Manager James Spore introduced Patricia Phillips, Director of Finance. Ms. Phillips recognized the City `s Comptroller, Don Barnett, and Aaron McCoy, Senior Accountant, whose offices prepare these Statements. Today, the focus is the first seven (7) months. f ~ret `~~ _ a '~ 9~ L _. ~7 r. • z _ -- - r~:. rnrA"' Qverview I Months FY12 General Fund Revenues FY12 General Fund Expenditures ~ Next Steps February 28, 2012 -3- CITYMANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #61635(Continued) The General Fund has a Revenue for the Fiscal Year 2012 of $951.7-Million and an Expenditure budget of $1, 005.2-Billion. Collected to date, the Revenues are $436.6-Million and Expenditures are $604.2- Million. __ .._ FY 2012 General Fund Revenues and Expenditures Compared to Budget Thru January 31, 2012 (in millions) Reven..er Local (R0.6 0 of budget) state pzli or nudgep Federal ( 2.3% gChudget) 'i'utal Rcvcvncr Avm.nl Y"CD n..a+.ot Actnal Varian $ 7G7.5 $ 361.0 $ (406.5) 162A G2.6 (99. A) 21.8 13.0 (A.8) C 951.7 .~'. 436.6 R (515.1) N;xpcndit..rer/Cncnmbra veer City Operations City CapiYdl Pnijecls School Operations Schools CaPOaI Pntject' 'I'vtal l~;xpendit..rer/C ncvmbravicer $ 600.0 $ 3GG.6 $ 233.4 35.5 27.9 13.6 365.6 213.3 152.3 4.1 2.4 1.7 S 1.0115.2 $ 6114.2 S 4111.// Less A.rurlalLS kunded En~m Ptvtd Balance Outstanding L-ncumb ranee at G/30/1 L $ A.O AVproved CanYOVer Requests 1 4 City Capital Prc~jecls 2G.4 C itY OPeranng Audget 6.2 Ttans Per to School Reserve Futtd 11.5 Adj..rtcd Expcvdib.rer/P: vcumbranccr $ 951.7 Revenues do not come in equally. Revenues are at 45.9% of the estimated Revenues Budget. __ FY 2012 Year-TaDate General Fund Revenues Compared to Historic Trend at January 31, 2012 100.U % i 00 W. so% . - YTD ACTUAL = $436.6M - - - ` - d 74b% 6" ANNUAL BUDGET= $951.7M t'// 'u a0% _. _ _. 7 a ~ 59. ssR°r. ., `v. 42R ` ` .. 44.7 ._ .. _._ .°.. 40% _.... __.. _.. _.. _ _ ~ 41.7% a 26.8 % 26.0•/. _ 20% _..... -14.5% _. ... _ _ _ __ _.. R~% 13.6% 4"r 3 ° . 1.7 % 9.1 0% ]ul Aug Sep OQ NOy Oec ]an Feb Mar Apr May Jun . ............~Re~Trend..... ~+~%of F1'121tiv HUdgit 4 February 28, 2012 -4- CITYMANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #6I635(Continued) The slide below provides the General Fund Budget between two (2) years. The Budget is $23-Million less than last year. "~ General Fund Revenues thru January __ _ , ,oo% ,,,moo _ ___ __ _ S1,oaB.1 '. 5990 4 5 7 l 81,800 BOY. saoa sox __ y ~ _ 5808 U ~ 0 ~ ao% X K Sa00 TO% Soo o~ so FY 2009 FY 2010 FY 3011 FY 2012 ~AnnualBU49a1 ~-hof TOtal ~~ACtual Thrv_ Jan ' ' 874. ~ 5951.7 .... , i !. 45 ?°i~ 45.9° A3.9°I .44.3° . 5459.1 5438.1 5439.9 5436.8 i Orae of the most significant revenues for the City is Real Estate and the City is at 52.2% of collections. February 28, 2012 -5- CITYMANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #61635(Continued) The Personal Property Annual Tax is due June 5, 2012. Historically, this Revenue has been difficult to predict. The Commissioner of the Revenue's preliminary indications are that the City could be very close to making this budget. General Sales Tax is up over 2%from last year at this time. February 28, 2012 -6- CITYMANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #61635(Continued) The General Sales Tax has shown a positive increase from the same month of the prior year for twenty (20) of the past twenty-three (23) months. Those are good signs for the economy. ,z.a% 18.4% io o% _- ___. __ ___. _.._ _.._ ____. 7.4%._... ____. _. _.. __.. 8.8%__.. _____ 60% 5.9% 5.4% 60% ~,~.. 4.7% 4.3% 4.0 Y.3% _ _. _ ... __. z6% _. <~ 1.8%~~~ 15% ~.OT 1,5% ,m..,.,w d.0 -' d.9% a°~1o o~'°^o ~°;^ ~``o^M1 .~P~M1 ~p ~~, ~~ y~~^ p~^ 9~ew °°~^ ~,w °~°, ~Pr ~`~0 Collections lag sales by 2 months ~--sMOntM1y %GM1anpa from PY y February 28, 2012 ~._._ __ 6enerat Sales Taxes 96 Change from FYii to FY12 (compares to same month of prior year] -7- CITYMANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #61635(Continued) The City continues to do well with this tax as it is 1.2%greater than last year. - ;~~.,: TataC Hatei Raam Taxes January 31, 2Q48 - 2Q12 S30 ____...... __-___ __ _.._.._. __ y 12X Up from FVtt ~ BUDGET . 100% E24.8 , 325 E24.2 E23:8 E22.8 E23.0 5°!n 75.5% 15 75 0% 90% . 74.t / 74.7% . 320 518.3 E78.5 °c c E77.5 Ei7.3 E77.0 ~ '. 90% ~ ~ u ~ a N 5 '. 3 ao% X ~ 3+0 zo% S5 0% 30 Fy 2pOg FV 2009 FY 2010 FY 2011 FY 2012 r•AcNal~olkclons oYID +%ol TOtal ', February 28, 2012 -8- CITYMANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #61635(Continued) Hatet Raanrt Taxes 896 Allocation (in miuionsj Total Hotel Room Tax F'Y12 Budget = $24.6M i / - ®GF2% '- ~ ^CBDTIF \ ^ TIP 5 SB $1 CBD TQ~' receives SSOOK annually Hotel Room Tax = 8 % plus SI room nigOts from CF ($222K) and TH' (E278K) Note: SB SSD has an additional 2 % % tax I± The City is at 4.8%greater than last year in collectibles. b,. .._ _ ""Restaurant Meat Taxes -General Fund Rortian anky January 32; 2aQ8 - 2a12 fag __-- - - - - - OA%Up from FY71 BUDGET eo% E32.3 E32.9 f31 E30.8 E30.8 E30.9 6'1.8% 5°0 69 60.8°!0 60.7°!e 60.2% u . 60% c o $ f2a _ f 520.3 U E79.4 - E78 6 E18.7 E18.7 " c e . aax ~ e ¢°sis a< fe fa FY 1008 FT 21109 FY 2010 FY 1011 a~AClual COlec[bns OYTO ~-%oi TOtal 20% 9X FY 2012 IA February 28, 2012 -9- CITYMANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #61635(Continued) ,__ Restaurant MeaE'faxes 5 ~4~6 Allocation tin m'stlions} Total Restaurant Meal Tax FY12 Budget = $Sl.8M . ,., ~. ;,. .~ ~ ~,i.-, ^TAP 0.5 - ~ ^OS 0.44% i -~~~_ _ _ u, February 28, 2012 -10- CITYMANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #61635(Continued) Most of the City's General Fund Revenues are right on track. _._.____ Summary of City's General Fund Revenues January 33., 2012 {in millions) FY 201.2rrn Budget S'- % .Trend * Real Esta[e Tares $ 42L8 $ 219.8 52.1 % A Personal Property Taxes 70.3 20.5 29.2 U ', PPTRA 53.4 6.5 12.2 A Cenemt Sales Tax 53.0 27.3 SLS A Utility Taxes 25.5 I3.0 51.0 F Telecommunications Taxes 20.1 8.6 42.6 A Business Licenses 41.3 3.1 7.5 F = Hotel Taxes 5.5 4.2 75.5 A * Restaurant Taxes 32.9 20.3 61.8 F Charges for Services 4Zl 18.7 39.7 F Other Local Revenues 50.0 25.5 51.0 F * State Revenues 109.0 56.1 51.5 F * Federal Revenues 2L8 13.0 59.5 F ', $ 951.7 $ 436.6 45.9 % F I * r_F .e,renn nnly F=Fawrable A=Acceptade ________ U=Unfawrable The City is behind on expenditures which, again, is a positive sign for the economy. ~_____,_ FY 2Q12 Year-To-Date General Fund Expenditures Compared to Historic Trend at January 31t 2Q12 ,~,I,h< 2DD% ~~.~'.,a YTD ACTOAL = $604.2M ><-t.'+°<~ + eo% " ,,,...~ ANNUAL BUDGET = $1,005.2M ~ ti ~ ~ ~.~.~^ 41s°~ r'°"~ ~. w% ~: - sa.t~a 9u.1^~. Act°,° _- 52.1go i43% ii R';G 10% ~ d . . i7.2"o Zx.h°~. 1x.6°.o 2R.?.~ 20% II.I °.,, 1N9"% 9.R% 0% , -, -~--~~ ~ Jun ]ul~ Aug Sep ~ Oc[ Nov Dec lan Feb Mar Apr May -r-E~pcndinirc Trcnd ~~~%of tY l2 Eyr ~,idget IN February 28, 2012 -11- CITYMANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #61635(Continued) _. __ ____ FY 2012 YfD Genera( Fund Re~tenues & Expenditures Compared to Historic Trend At January 31, 2012 100% _ _. `)3 n=,6 r'r ACTUAL REVENUES = $436.6M "; °°'° u ACTUAL EXPENDITURES= $604.2M 74'6~~° fii.X°~ t 60% 54.7°' ~s° U.1°: - ,° 55.8'S~ 4±.i^,.. ~`~2'3% 45.9% 511,1"'^ a 42 % 4J a, `e :_ .° 44.3% _ a7.2°'. C 2N.fi^a 36.8° ~'3R ~°ro 26 nw° 30% - FJ°r. - 14.6° l l.t°'° 0% ~ )ul Aug °~ Sep OR Nov Dec ]an Feb Mar APr May ]un +Rev"trend -a-~%ofl'\'12 Wn~Nudg~~t °+^FS~di1~~n~Trrnd ~~%oCFY1l FaP NUdre1~ 1`) General Fund FY 2012 Expenditures Total at January 31, 2012: « $604.2M, or 60.1 %, of $1,005.2M Budget Summary of Actual Expenditures Under Budget at June 30: (in millions) Total "/ of Total Budget City % of City Budget Schools 2008 (Actual $55.5 5.1% $20.2 2.8% $353 2009 (Actual) $39.6 3.5°0 $24.7 3.2% $14.9 2010 (Actual) X453 4.1'! o $27.6 3.6°/n X17.7 2011 (Actual) $32.1 3.1"0 $22.4 3.2% $9.7 February 28, 2012 -12- CITYMANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM #6I635(Continued) Ms. Phillips will provide an update on March 27, 2012. The FY2012-2013 Budget will be presented to Citv Council that same day. ~l'.X~ 5~~~?S Continue to monitor revenues in FY 12 • Real Estate- June due date • Business License -March due date * Personal Property-ApriUMay info, June due date February Interim -March 27t~' Proposed FY13 Budget presented -March 27'h February 28, 2012 -13- CITYMANAGER'S BRIEFING MID-YEAR ENERGY UPDATE 3:46 P.M. ITEM #61636 Vice Mayor Louis R. Jones, called to order the CITY MANAGER'S BRIEFINGS, re the MID-YEAR ENERGY UPDATE. City Manager James Spore introduced Lori Herrick, the City's Energy Management Administrator. ~ ~ . ~ ~ • ~ • . y,"'~'~0 AF '~.4 ~r4Gi~' C.;~ r a ,~ %jy {~ ' _ ,7 ~-: ~`: _ .cr', , ~' February 28, 2012 :~~ ~~ ~~4 .w Information Briefing to City. Council Lori Hertick, MBA, LEED AP City of Virginia Beach Energy Management Administrator This is a summary of the information to be presented. Today's Presentation • Background • Goals • Performance • Way Forward February 28, 2012 -14- CITYMANAGER'S BRIEFING MID-YEAR ENERGY UPDATE ITEM #61636(Continued) This is a brief background of the Joint Energy Committee and is currently co-chaired by the Schools. One of the first goals of this committee was to set an energy reduction goal for 10% in five (S) years. • The City of Virginia Beach's Joint Energy Committee (JEC) was created in the spring of 2007 in response to the City's rising energy costs. TheJEC includes representativesfrom both the City and Schools that have been identified to date as the largest energy consumers, as well as representatives from the Department of Management Services. The Joint Energy Committee is jointly chaired David L. Hansen, Deputy City Manager and Dale Holt, Assistant Superintendent • The JEC meets on the first Thursday of the month and agendas include vendor presentations, study findings, consumption updates and energy- reducingtechnology. • Represented: Communication/Information Technology, Libraries, Museums, Parks & Recreation, Public Safety, Public Utilities, Public Works, Virginia Beach Convention Center, Virginia Beach Public Schools and Dominion Power. In 2407, the JEC set the energy reduction goal at 30% in five years. The baseline year being 2008 began with a S% reduction goal. • ~~ ~ ~~~ ~• •. ~ i ® :J' FYD9 ~ 5°~b ® 5.0°6 FY 30 1% 6.0% Fy 11 1.556.. .7.5°6 FY 12 1.5% 9.0°6 FY 13 1.0'x• c 30.056 February 28, 2012 -15- CITYMANAGER'S BRIEFING MID-YEAR ENERGY UPDATE ITEM #61636(Continued) The City received a grant to this CIP Fund in FY2009 totaling $10-Million. $5-Million went to Schools with the remaining $S-Millon to the City. The Schools used the funds for improvements on ten (10) schools. The City used the funds for improvements on eleven (11) buildings. a - . • FY09 CIP -Energy Fund Schools $5,000,000 55.000.000 Total City Energy Funding: $30,000,000, 96% Expended/Committed The City received funding from the Department of Energy. ~-•. • 1. $4,042,000 Grant was awarded in December 2009. We will comple in December 2012. • Energy Retrofits fora Recreation Centers, Summer Boiler i Central Plant, and 75chools; ~®~~• I' • Purchase of Hybrids (Delta); .,. ;~%~fo~E?,~' :'+>^` 'i • Three studies: Compressed Natural Gaz Fleet Study, Composting Study and the Convention Lenter Solar Study; • Data Center Improvements; • Staffing, Energy Education and Software. 2. $200,000 Grant awarded in December2010 and will be completed this Spring: • Participation in three Energy Exercises -two with the Dept. of Energy and one Commonwealth of Virginia • Generators assessments and mitigation areas will be an important part of on ongoing program • Energy Plan developed by Virginia Tech February 28, 2012 -16- CITYMANAGER'S BRIEFING MID-YEAR ENERGY UPDATE ITEM #61636(Continued) • ,~, Administratorposition wascreated in the FY11 Budget: • Providesfull-time Energy Management Office; ~ ~~ - i • Managestwo Department of Energy Grants as well as the Energy Capital Improvement Project (CIP); • Provides administrative support to the Joint Energy Committee; • Board member of the Virginia Energy Purchasing Governmental Association; • A member of the Offshore Wind Task Force; and, • Supports the Sustainability Office on energy-related matters An Energy Analyst is to be added to the Fy13 budget. In 2011, the City made the commitment to Energy Star, which is a partnership with the Environmental Protection Agency. The partnership required the City to commit to track energy and work to improve it. The benefit of the program is the use of their training programs as well as their logo. ~_._ .~ ~' ... ~ ~p9 In April 2011, the City made the commitment to Energy Star, the City will: • Measure and track the energy performance of facilities; • Develop and implement a plan consistentwith the Energy Star guidelines to save energy; • Spread the word about the importance of energy efficiency to our staff and community; • Support the Energy Star Challenge, a national call-to-action to help improve the energy efficiency of America'scommercialsnd industrial buildings by 10 percent or more; and, • Highlight our achievementswithrecognitionofferedthroughEnergyStar. February 28, 2012 -17- CITYMANAGER'S BRIEFING MID-YEAR ENERGY UPDATE ITEM #61636(Continued) Ms. Herrick is a Board Member of Virginia Energy Purchasing Govnmental Association which gives the City the right to participate in contract negotiations with Dominion Power. Virginia Ener gy Pu rchas ing G overnmental i i VEPG A) As a soc on ( t VEPGA plays an active role in negotiating the electricity contract on behalf of the Cities and Counties in the Commonwealth - Board of Directors Position - Contract Negotiations - Member of the Energy Conservation Team _ ~~ ~b - . ! ,~ r . a °,_` This is a list of City buildings where the work is complete. FY11 Energy Retrofit Work 2. Building 2 Operations 3. Building 10 Judicial Center 4. Building 18 5. Building 18A 6. Building 19 7. Building 22 8. Human Services 9. Bayside Recreation Center 10. Great Neck Recreation Center 11. Princess Anne Recreation Center February 28, 2012 -18- CITYMANAGER'S BRIEFING MID-YEAR ENERGY UPDATE ITEM #61636(Continued) This is a list showing the magnitude of the things to get the energy usage down. A score of 75 is needed for certification and as of today's date, the Visitor Information Center has a score of 89. The payback on this particular project is less than eight (8) years. Energy Star Certified Building - Visitor Information Center 36 Ceiling MOUnt Light Sensors 6 Walt Switch Sensors 2 Water Heater Timers 25 New LED Parking Lot Light Pole Heads 8 New lED Flagpole and Sculpture Light FiMUres 4 New LED Recessed Un light fixtures 10 New LED Wall Mount Light Fixtures 10 New LED Track Lighting Heads for Sculpture 30 New CFL 6po[Light lamps Energv Sigr Scares lOui of 2007: tu1y 2008: 34 December 2012: 82 ~ t w ..~. (36,33390 (79,726.03 r.~ 566,0.59.93 (7,247.24 Simple Payback is f55,469.93lf7,247.21 = 7.7 years The City's Visitor Center is listed on the EPA's website under the Energy Star Labeled Buildings. ENERGY STAR PROFILE - Example to Other Building Owners February 28, 2012 -19- CITYMANAGER'S BRIEFING MID-YEAR ENERGY UPDATE ITEM #61636(Continued) The City's largest energy expense is electricity. FY11 Total Energy Payments 5.5 % 0.3 % i ~ Dominion Power (Electric) ~~ ,. 28 2% ' T by ~ Parker & Other Fuel Providers ~` 66.0% vrginia Natural Gas and other Natural Gas Providers ~ Suburban Propane (Propane) Tlae consumption goal for this fiscal year was a reduction of 7.5%. ~ FyA9 ~ 5% ®® 5.0°/> 4.99% FY 10 l 6.0°~ 4.99% FY11- 1.5°'0 7.5%... 8.45% FY 12 1.5 % 9.0'~ FV13 1.0% l0.OS6 February 28, 2012 -20- CITYMANAGER'S BRIEFING MID-YEAR ENERGY UPDATE ITEM #61636(Continued) FY 11 Year End Summary On Track to meet 10%D Reduction in Kilowatts Public UtBities - 1,611,870 kWh 1,332,717 kWh 1,490,980 kWh 17.32% .. kWh Convention Center 10,739,070 kWh 8,640,568 kWh 9,933,640 kWh 19.54% kWh OtherCity Buildings 65,036673 kWh 60,821,683 kWh' 60,158,930 kWh 6.48% kWli Totals 77,387,613 70,794,966 71,583,450 9.as% kWh kWh kWh Saved 6,592,549 kWh @ 8.5 Cents per kWh = $560,366 But the overall budget for electric cost has grown.... The City had an increase from Dominion Power of over $1-Million. The City's total energy payments were up 11.2% this past fiscal year. Dominion Power (Electric) $13,736,121 $14,864,156 .~ t 8.29E Parker & Other Fuel Providers $4,933,417 $ 6,254,024 +2fi.8°t< Virgipia Natural Gas and Other $1,418,620 S 3:234,240. - 13.iso Natural Gas Providers Suburban Propane (Propane) $64,988 $65,769 >1.2% TOTAL $20,153,146 $22,418,193 +1L2a~ - February 28, 2012 -21- CITYMANAGER'S BRIEFING MID-YEAR ENERGY UPDATE ITEM #61636(Continued) Fuel is the City's second largest energy expense FY11 Total Energy Payments 6.5% 0.3% ~ Dominion Power (Electric) ~ ~ 28.2%~~~ ~ Parker& OtherFuelProviders 66.0• ' Virginia Natural Gas and other Natural Gas Providers ~ Suburban Propane (Propane) The current fiscal year goal is to hold consumption steady. Joint Energy Committee Goal - Hold consumption steady... FY2008-2009 2,342,211 FY 2009-2010 2,370,349 FY 2010-2D11 2,371,133 ThreeYearTOtal +28,922 (1.2h) Converting to Dollars.... February 28, 2012 -22- CITYMANAGER'S BRIEFING MID-YEAR ENERGY UPDATE ITEM #6l i53i5(Continued) The average price per gallon has increased tremendously over the last three (3) years. ~® FY09 2,065,703.16 $2.40 $4,949,991.27 FY10 2,084,316.38 $2.29 $4,780,307.79 er FYSS 2,095,505.74 $2.96 $6,199,1&7.93 ^~ ~~~ July to December 1,181,091 $2.24 $2,641,122 2010 July to December 1,214,935 $3.16 $3,837,015 •~ 2011 Increase +33,844 +51,195,893 • Storm Recovery • EMS Staffinglncreases February 28, 2012 -23- CITYMANAGER'S BRIEFING MID-YEAR ENERGY UPDATE ITEM #61636(Continued) Due to a mild Winter, the City is on track to meet the 10% energy reduction goal a year early. Benchmark Year 70,000,000 60,000,000 50,000,000 -_ _._ __ 40,000,000 ~~ ---FY08 Y 30,000,000 ~ ~FY12 ~ ri ~~10% Target F 20,000,000 i 10,000,000 m a > c n > w Q ~ O Z ~ ~ ~i ~ Q ~ FY12 Electric Budget Payment Description Amount Apri11,2011 Dominion Sase Rate Increase (New VEPGA Contract Jan 2012) July 1, 2011 Dominion Fuel Rote Increase 2.705 to 3.657 FY11-12 Electric Services Budget Needed fnerry Reseru_ 5994,495 $1,340,000 $16,070,616 $1,500,03') February 28, 2012 -24- CITYMANAGER'S BRIEFING MID-YEAR ENERGY UPDATE ITEM #61636(Continued) The City is conducting a Utility Audit beginning with Dominion Power in December 2011 and Virginia Natural Gas in February 2012. FY12-13 Utility Audit Partnered with the City Auditor's Office and a Third Party to review Utility bills • Dominion - ~' ~cer;~~er 2c~11 Virginia Natural Gas - S+~rrted Fuiir?~erry ?(?1 S The City is implementing energy software. Currently, a large amount of work is being tracked on spreadsheets. The software will allow the City to bring in energy tracking. FY12 Benefits of the Energy Software 1. Improved energy tracking collected through aCity-wide "~ software program Iil~ 2. Detailed audits designed to find billing errors ~ '- 3.Identify what buildings need work; - - a. Building Control Problems and b. Inefficient Facilities 4. Track buildings afterwork; Perform Energy Savings Measurement & Verification 5. Improved Performance Reports; a. By Department, By'tike' Buildings, etc. b. Energy Star Portfolio automated Uploading (ranks our building's against others nationally) c. Track and Report Greenhouse Gas Emissions d. Cost allocation by square footage February 28, 2012 -25- CITYMANAGER'S BRIEFING MID-YEAR ENERGY UPDATE ITEM #61636(Continued) FY12 Energy Software -Ch anging the P rocess STEP1 Bring all the utility bills into the software (electronically when possible): Public Works __ Convention & Visitors Bureau Public Utilities STEP2 Audit and approve the energy bills: - van ~, •CRy-Wide Energy Report •Departmental Energy QeH..rts •Greenhouse Gas Reporting '. •Energy Star National Benchmarking ', STEP3 Supervisor approves and batch to Accounts Payable: _ ~antP aoeto nts;~. ~. ~.w r e r„ Seven (7) City buildings are undergoing the work described below. '- • • ~ i • Retro-commissioning (RCx) is a systematic, documented process that identifies low-cost operational and maintenance improvements in existing buildings and brings the buildings up to the design intentions of its current usage. 1. Building Maintenance, Bldg 9 2. Landscape Services, Dam Neck Road 3. Building 18-A 4. Kempsville Library 5. Bayside Library 6. Princess Anne Library 7. Oceanfront Library Energy Software ~.y) CITYMANAGER'S BRIEFING February 28, 2012 -26- MID-YEAR ENERGY UPDATE ITEM #61636(Continued) Four (4) City buildings are selected for Energy Services Contract and the City is in the final stages of selecting a vendor. • • • Four (4) Buildings Selected for an Energy Services Contract • In the process of the final selection of a vendor • These buildings are moving forward with technical audits this Spring: 7. Second Police Precinct, Virginia Beach Boulevard 2. Virginia Beach Fire Station #11, Virginia Beach Boulevard 3. Public Works Waste Management Field Office, Holland Road 4. Great Neck Library, Bayne Drive Over the next twelve (12) months, the City anticipates completing energy improvements on approximately forty (40) buildings. Public Works -Dam Neck Gomplez Landstown Highways Operations Building Highways Warming Building Sign Shop Mosquito Control Lab Storages Sheds Pubec Works -City Garage Gomplez Garage -Light Duty Helicopter Shop PaintlWelding Shop February 28, 2012 -z~- CITYMANAGER'S BRIEFING MID-YEAR ENERGY UPDATE ITEM #61636(Continued) .. . - FY12 -Site Lighting Audit -"` • Over 1,680,195 kWh on Site ~-~ Lighting • Up 6.5% since FY08 • Review of City-wide site lighting to include parking lots and boardwalk lighting E- • Department of Energy Grant (Delta) • 42 hybrids To Date ... • 20 additional hybrids in FY12 February 28, 2012 -28- CITYMANAGER'S BRIEFING MID-YEAR ENERGY UPDATE ITEM #61636(Continued) • Human Resources Class • One "Energy Star" Class Per Month • Representatives from Each Department • Recognition will be Key ~.. N,n ~~~, M3 u~65etG mwiwa ~.m ~~%, Prag~ess ~.--__ - Continue retrofits ~ - Audit Rate Schedules ~ ~ ~ ~ ,r - ~~~ - MeterTotalization -'''c :-a.w/•- - - .... - Distribution of Energy Costs to User Departments in FY14 - Hedging-Meeting Energy Budgets - Pursuing GrantFUnding - Dominion Rate increases into the budget & issues with Dominion Riders - VEPGA Contract negotiations - Solar Challenges- Purchase Power Agreements- General Assembly February 28, 2012 -29- CITYMANAGER'S BRIEFING MID-YEAR ENERGY UPDATE ITEM #61636(Continued) Energy CIP Schools Energy Services Contract $5,000,000 C~ Energy RetrofltWOrk to Date $2,226,964 _. Energy Upgrades Fire Station $416,085 FY12-13Energy:Retroflts $2,000,000 Anticipated Repairsfrom Retro-COmmissioning $356,951 Way Forward for Energy The Chairman of Duke Energy told the Southern Governors'Association in August2011 that consumers can expect to see energy prices rise by 3030 erp cent or more over the next decade. Makes our efforts to monitor & manage municipal energy use all the more critical... Council Discussion Lori Herrick, MBA, LEED AP Energy Management Administrator IherrickCdvbeov.com 385-5663 February 28, 2012 -30- CITY COUNCIL COMMENTS 4:13 P.M. ITEM #61637 Councilman Moss shared that he attended the Coalition of Civic Leagues followed by the KAC regarding the Kempsville Historic Overlay District issue. The Coalition's position is they want a new RFP issued and existing RFP cancelled. The KAC does not make recommendations but simply discuses current issues. Councilman Moss is planning to meet with Planning Director Jack Whitney about allowing temporary signs six (6) times versus three (3) times a year and will follow up with the Beautification Commission. ITEM #61638 Councilman DeSteph attended the MEDAC meeting on February 27`" Councilman DeSteph distributed a DRAFT RESOLUTION showing support for Military Bases for the upcoming BRAG. Councilman DeSteph is requesting MEDAC recommendations and that City Council Members provide any feedback over the next few weeks. ITEM #61639 Council Lady Wilson advised she would be traveling to Washington, D. C. to attend a local government Advisory Commission meeting of the Chesapeake Bay. Mrs. Wilson distributed an article "States submit draft strategies to clean water "that provides information on what other states are doing with the TMDL. February 28, 2012 -31- AGENDA REVIEW SESSION P.M. ITEM #61640 BY CONSENSUS, the following shall compose the CONSENT AGENDA: K. ORDINANCES/RESOL UTIONS 1. Ordinances to AMEND the City Code: a. Section 4-1 re Special Events Permits b. Section 5-531 re Keeping Dogs Under Restraint -Leash Law (shall be DEFERRED, BY CONSENT, until March 13, 2012.) c. ADD Chapter 25.1 of the City Code re precious metal and gem dealers 2. Ordinances to AUTHORIZE the City Manager to EXECUTE Leases at the Farmers Market: a. Linda K. and William E. Skipper (t/a Skipper Farms) b. Seasons Best Bakery, LLC 3. Resolution to ESTABLISH the STONE AMBULANCE SERVICE, INC. and an annual EMS Permit re private ambulance services S. Ordinances to ACCEPT and APPROPRIATE.• a. $1,549,138 from the Federal Emergency Management Agency (FEMA) to ESTABLISH the Severe Repetitive Loss Grant Program; AUTHORIZE the City Manager to EXECUTE a Grant Agreement; and, the remaining $172,127 will be the responsibility of the property owners b. $31,135 from United States Homeland Security through Virginia Emergency Management to the Fire Department to continue the Citizen Corps Council and Community Emergency Response Team c. $31,226 from the Fund Balance of the Sheriff's Office Special Revenue and $21,276 in estimated State Revenue re a Public Safety Analyst position 6. Ordinance to TRANSFER $100, 000 from 19th Street Corridor improvements to the Rudee Inlet Connector Walk, Phase I to proceed with the construction Councilman Moss will vote Verbal Nay on Items S/c and 6. Item K 1/b. Keeping Dogs Under Restraint -Leash Law shall be DEFERRED, BY CONSENT, until the City Council Session of March 13, 2012 Item K.4 Resolution to REMOVE the Maple Street site as a potential dredge spoils site will be considered separately as there are speakers registered. February 28, 2012 -32- AGENDA REVIEW SESSION ITEM #61641 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: L. PLANNING 1. Application of VIRGINIA BEACH FINANCIAL SERVICE/EDWARD HALLORAN re a Variance to Section SB of the Site Plan Ordinance to preserve a historic structure at 5241 Princess Anne Road re the Floodplain 2. Application of COURTHOUSE SELF-STORAGE ASSOCIATES, LLC for a Street Closure re an unimproved portion of James Madison Boulevard 3. Application of TKC LAND DEVELOPMENT II, LLC for a Conditional Use Permit re a retail store and bulk storage yard at Princess Anne and Sandbridge Roads 4. Application of INLAND DIVERSIFIED REAL ESTATE SERVICES, L.L.C. for a Conditional Use Permit re an outdoor recreation at 3300-3388 Princess Anne Road S. Application of the CITY OF VIRGINIA BEACH for a Change of Zoning District Classification from R-10 Residential (HK) to P-IPreservation (HK) at 524 Kempsville Road re a public park as recommended by the Historic Kempsville Area Master Plan 6. Application of MCQ BUILDERS, LLC. - 1 for a Change of Zoning District Classification from PDH-2 Planned Unit Development Overlay to P-1 Preservation at 467 and 473 North Witchduck Road 7. Ordinance to AMEND Sections 111 and 1001 of the City Zoning Ordinance (CZO) re the definition, storage, distribution and manufacture of high and low explosives February 28, 2012 -34- ITEM#61642 (Continued) 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, John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr (Break: 4:42 P.M. - 4: 47 P.M.) (Closed Session: 4:47 P.M. - 5: SS P.M.) February 28, 2012 -35- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL FEBRUARY28, 2012 6:00 P.M. Vice Mayor Louis R. Jones, called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, February 28, 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, Yice Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Absent: Mayor William D. Sessoms, Jr (Official Mayoral visit to Sister City: North Down Co. Bangor, Northern Ireland) INVOCATION: Reverend Thomas Powell Pastor, Calvary Chapel 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 ident~ any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. February 28, 2012 -36- 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 pug pose 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 a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of.Ianuary 27, 2004, is hereby made a part of the record. February 28, 2012 -37- Item -V-E CERTIFICATION ITEM #61643 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. February 28, 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 #61642 Page 33, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of V irginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~uth Hodges Fraser, MMC City Clerk February 28, 2012 -38- Item -V-F MINUTES ITEM #61644 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of February 14, 2012. 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr February 28, 2012 -39- Item -V-H ADOPTAGEND FOR FORMAL SESSION ITEM #61645 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION February 28, 2012 -40- Item -V-I.1 PUBLIC COMMENT ITEM #61646 Vice Mayor Jones DECLARED PUBLIC COMMENT: VIRGINL4 TOURISMZONE GAP FINANCING The following registered to speak: Brian Kirwin, 3605 Brannon Drive, Phone: 463-0399 spoke in SUPPORT. Mr. Kirwin believes this is a wonderful opportunity to expand the tax base and is the solution to all of the problems seen in the Newspaper. Northern Virginia is lucky being right next to Washington, D. C. and the City is almost as lucky being right next to the Atlantic Ocean. That is an economic engine that many cities would dream of having, and, at any time the City has the opportunity to expand on that tax base in order to bring more people to the City, it is a good thing. Mr. Kirwin encouraged support of this Legislation. Marlayne Castelluzzo, 5189 Stratford Drive, Phone: 474-4346 is the Vice-Chair, Virginia Beach Taxpayers Alliance, spoke in OPPOSITION and stated this is not a level playing field with tax incentives only being received by development that occurs in a narrowly designed geographic area of the City. The tax incentives would not be available to all types of development. Dianna Howard, 1057 Debaca Court, Phone: 721-5128 spoke in OPPOSITION and feels this is a "user fee" to pay developers' debt. There are better uses for tax revenues, such as the shortfall on education. Waverly Woods, 2453 Haversham Close, Phone: 749-8266 spoke in OPPOSITION and feels this is "corporate welfare "and that this is an unfair practice. The City cannot afford to keep this up. The City needs to address the issues in our City. Vice Mayor Jones CLOSED THE PUBLICHEARING. February 28, 2012 -41- Item -V-J.la/b PUBLIC HEARING ITEM #61647 Vice Mayor Jones DECLARED A PUBLIC HEARING: LEASE OF CITY-OWNED PROPERTY- Virginia Beach Farmers Market a. Skipper Farms b. Seasons Best Bakery, LLC There being no speakers, Vice Mayor Jones CLOSED THE PUBLIC HEARING. February 28, 2012 -42- Item -V-K ORDINANCES/RESOLUTIONS ITEM #61648 Upon motion by Council Lady Henley, seconded by Councilman Moss, City Council APPROVED IN ONE MOTION, Items la(AMENDED VERSION)/b(to be DEFERRED TO MARCH l3, 2012)/c, 2a/b, 3, Sa/b/c, and 6 of the CONSENT AGENDA.. Council Member Moss shall vote a VERBAL NAY on Item No. Sc: Sheriff s Public Safety Analyst Council Member Moss shall vote a VERBAL NAY on Item No. 6: Rudee Inlet Connector Walk Voting: 10-0 (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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. February 28, 2012 -43- Item -V-K.1 ORDINANCES/RESOLUTIONS ITEM #61649 Upon motion by Council Lady Henley, seconded by Councilman Moss, City Council ADOPTED, BY CONSENT: Ordinances to AMEND the City Code: a. Section 4-1 re Special Events Permits b. Section 5-531 re Keeping Dogs Under Restraint - Leash Law (DEFERRED TO MARCH 13, 2012) c. ADD Chapter 25.1 of the City Code re precious metal and gem dealers Voting: 10-0 (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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. February 28, 2012 REVISED VERSION 1 AN ORDINANCE TO AMEND SECTION 4-1 2 OF THE CITY CODE PERTAINING TO 3 SPECIAL EVENTS PERMITS 4 5 SECTION AMENDED: § 4-1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 4-1 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 Sec. 4-1. -Permit for special events. 13 (a) Events for Which Permit Required No person or entity shall hold, organize or 14 sponsor any of the following events or activities unless a permit therefor has been 15 granted by the city: 16 (1) Parades, processions, marathons, bicycle races and other events utilizing the 17 sidewalks or vehicular travel portion of city streets and highways, or the boardwalk. 18 (2) Carnivals, bazaars and similar events which offer such activities as 19 amusement rides or devices, games of skill, animal rides or exhibitions, food 20 concessions, and informal live entertainment. 21 (3) Outdoor festivals or other musical entertainment offering live or recorded 22 music for public or private audiences in other than a fully enclosed building, with 23 the exception of outdoor musical entertainment at any private residence attended 24 by fewer than one hundred fifty (150) persons. 25 (4) Motion picture, video or broadcast television productions, other than news 26 media, involving the staging of vehicles, equipment, props or personnel on public 27 property, including buildings, streets and sidewalks, or requiring the use of city 28 equipment or services, or the participation of city employees. 29 (5) Organized scheduled contests and exhibitions held on the sand beaches of 30 the city. 31 (6) M;rine events, including any prescheduled organized concentration of 32 watercraft, involving participants and/or spectators, of a competitive or 33 noncornpetitive nature, which may interfere with ordinary navigation or require 34 supplementary regulation by federal, state or city authorities. 35 (7) Scheduled races, exhibitions or other events involving the operation of 36 motorized vehicles of any type. 37 (8) Scheduled gatherings of two hundred (200) or more persons on any public 38 property, other than parks. 39 (9) Activities or events requiring a variance from the regulations for parks 40 promulgated by the director of parks and recreation. 41 X10) Organized camps athletic leagues or games exercise classes, or other 42 instruction education or recreational activities or events which take place on city 43 property in the Resort Area or on the sand beaches of the city for which a fee is 44 collected bra for profit event organizer sponsor or producer and which include 45 three or more individuals paving to participate in the activity or event. 46 (11) Organized horseback riding events held on the sand beaches of the city; 47 provided however that no such permit shall be issued unless (i) the applicant is a 48 501(c)(3) charitable organization (ii) the event is not held during the prime resort 49 season and (iii) the event lasts no longer than one day. The restrictions contained 50 in section 6-12 shall not apply to activity authorized by such a permit. 51 .... Adopted by the City Council of the City of Virginia Beach, Virginia, on this 28th day of February , 2012. APPROVED AS TO LEGAL SUFFICIENCY: %~ City Attorney's Offic CA12115 REVISED VER-2 February 28, 2012 1 AN ORDINANCE TO ADD CHAPTER 25.1 TO 2 THE CITY CODE PERTAINING TO 3 PRECIOUS METAL AND GEM DEALERS 4 5 SECTIONS ADDED: § 25.1-1 to 25.1-9 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Sections 25.1-1, 25.1-2, 25.1-3, 25.1-4, 25.1-5, 25.1-6, 25.1-7, 25.1-8 and 11 25.1-9 of the Code of the City of Virginia Beach, Virginia, are hereby added and 12 ordained to read as follows: 13 14 CHAPTER 25.1 15 PRECIOUS METAL AND GEM DEALERS 16 Sec. 25.1_-1. Definitions. 17 For the purposes of this chapter unless the context requires a different meanin 18 "Coin" means any piece of gold silver or other metal fashioned into a prescribed 19 shape weight and degree of fineness stamped by authority of a government with 20 certain marks and devices and having a certain fixed value as money. 21 "Dealer" means any person firm partnership or corporation engaaed in the 22 business of (i) purchasing secondhand precious metals or gems ii removing in any 23 manner precious metals or gems from manufactured articles not then owned by the 24 person firm partnership or corporation or (iii) buying acquiring or selling precious 25 metals or gems removed from manufactured articles "Dealer" includes all employers 26 and principals on whose behalf a purchase is made and any employee or agent who 27 makes any purchase for or on behalf of his employer or principal. 28 The definition of "dealer" shall not include persons engaged in the following: 29 1 Purchases of precious metals or gems directly from other dealers, 30 manufacturers or wholesalers for retail or wholesale inventories provided that 31 the selling dealer has complied with the provisions of this chapter. 32 2 Purchases of precious metals or gems from a qualified fiduciary who is 33 disposing of the assets of an estate being administered by the fiduciary. 34 3 Acceptance by a retail merchant of trade-in merchandise previously sold by 35 the retail merchant to the person presenting that merchandise for trade-in. 36 4 Repairing restoring or designing ieweiry by a retail merchant if such activities 37 are within his normal course of business. 38 5 Purchases of precious metals or gems b y industrial refiners and 39 manufacturers insofar as such purchases are made directly from retail 40 merchants wholesalers dealers or by mail originating outside the 41 Commonwealth of Virginia. 42 6 Persons regularly enga ged in the business of purchasing and processing 43 nonprecious scrap metals which incidentally may contain traces of precious 44 metals recoverable as a bv- product. 45 "Gems" means any item containing precious or semiprecious stones customarily 46 used in jewelry. 47 "Precious metals" means any item except coins composed in whole or in part of 48 gold silver platinum or platinum alloys. 49 Sec 251 2 Permit required; method of obtaining permit; no convictions of 50 certain crimes; approval of weighinq devices; renewal; permanent 51 location required; bond required. 52 A No person shall engage in the activities of a dealer as defined in § 25.1-1 53 without first obtaining a permit from the Virginia Beach Police Department Pawn Unit. 54 B To obtain a permit the dealer shall file an application form which includes the 55 dealer's full name any aliases address age date of birth sex and fingerprints; the 56 name address and telephone number of the applicant's employer if any' and the 57 location of the dealer's place of business The dealer shall include a valid copy of the 58 business lease agreement or proof of building ownership with the permit application. 59 Upon filing this application and the payment of a $300 application fee the dealer shall 60 be issued a hermit by the Chief of Police or his designee provided that the applicant 61 has not been convicted of a felony or crime of moral turpitude within seven years prior 62 to the date of application and has no such charges pending court disposition. The 63 hermit maY be denied if the applicant has been denied a permit or has had a permit 64 revoked under any other local ordinance or state statute similar in substance to the 65 provisions of this chapter. 66 C Before a permit may be issued the dealer must have all weighinq devices 67 used in his business inspected and approved by local or state weights and measures 68 officials and present written evidence of such approval to the Virginia Beach Police 69 Department Pawn Unit. 70 D This permit shall be valid from the date issued through December 31St of the 71 issue year and may be renewed in the same manner as such permit was initially 72 obtained with an annual permit fee of $300 No permit shall be transferable to any other 73 location or individual. 74 E Every dealer at the time of obtaining such permit shall obtain and provide to 75 the City a bond secured by a corporate surety authorized to do business in this 76 Commonwealth in the penal sum of $10 000 conditioned upon strict compliance with 77 the terms of this chapter In lieu of a bond a dealer may cause to be issued by a bank 78 authorized to do business in the Commonwealth a letter of credit in favor of the City for 79 10 000. 80 F If the business of the dealer is not operated without interruption, with 81 Saturdays Sundays and recognized holidays excepted the dealer shall notify the 82 Virginia Beach Pawn Unit of all closings and reopenings of such business. The business 83 of a dealer shall be conducted only from the fixed and permanent location specified in 84 his application for a permit. 85 Sec. 25.1-3. Penalties; first and subsequent offenses. 86 A Anyperson convicted of violating any of the provisions of this chapter shall be 87 guilty of a Class 2 misdemeanor for the first offense Upon conviction of any subsequent 88 offense he shall be quilty of a Class 1 misdemeanor. 89 B Upon the first conviction of a dealer for violation of any provision of this 90 chapter the Chief of Police may revoke or suspend the dealer's permit for up to one full 91 year from the date the conviction becomes final Upon a second conviction, the Chief of 92 Police shall revoke the permit for two full years from the date the conviction becomes 93 final. 94 Sec. 25.1-4. Records to be kept; daily electronic report to police. 95 A Every dealer shall keep at his place of business an accurate and legible 96 record of each purchase of precious metals or gems The record of each purchase shall 97 be retained by the dealer for at least twenty-four months and shall set forth the 98 following: 99 1 A complete description of all precious metals or gems purchased from each 100 seller The description shall include all names initials serial numbers or other 101 identifying marks or monograms on each item purchased the true weight and 102 purity if known of any precious metal the true weight or carat of any gem, the 103 color of an~,gem or precious metal and the price paid for each item; 104 2 The date time and place of receiving the items purchased; 105 3 The full name residence address work place home and work telephone 106 numbers date of birth sex race height weight hair and eve color, and other 107 identifying marks of the seller; 108 4 Verification of the identification of the seller by the exhibition of a government- 109 issued identification card with a photograph of the seller such as a driver's 110 license or military identification card The record shall contain the type of 111 identification exhibited the issuing agency and the identification card number 112 thereon; and 113 5 A statement of ownership from the seller. 114 B The information required by subdivisions 1 through 5 of subsection A of this 115 section shall appear on each bill of sale for all precious metals and gems purchased by 116 a dealer. 117 C The information required by subdivisions 1 through 4 of subsection A of this 118 section shall be transmitted in an electronic format approved by the Pawn Unit to the 119 Chief of Police by way of the department's Pawn Unit Faxing the information is not 120 permitted. 121 Sec 25 1 5 Officers may examine records or property; warrantless search and 122 seizure authorized. 123 Every dealer or his employee shall admit to his place of business during regular 124 business hours any Virginia Beach police officer or any law-enforcement officer of the 125 state or federal government The dealer or his employee shall permit the officer to (i) 126 examine all records required b~this chapter and any article listed in a record which is 127 believed by the officer to be missing stolen or the focus of an inspection conducted by 128 officers assigned to the Virginia Beach Pawn Unit and (ii) search for and take into 129 possession any article known to him to be missing or known or believed by him to have 130 been stolen. 131 Sec. 25.1-6. Prohibited purchases. 132 A No dealer shall purchase precious metals or gems from any seller who is 133 under the age of eighteen. 134 B No dealer shall purchase precious metals or gems from any seller who the 135 dealer believes or has reason to believe is not the owner of such items, unless the seller 136 has written and duly authenticated authorization from the owner permitting and directing 137 such sale. 138 C No dealer shall purchase precious metals or gems without first (i) ascertaining 139 the identity of the seller by requiring an identification issued by a governmental agency 140 with a photograph of the seller thereon and at least one other corroborating means of 141 identification and (ii) obtaining a statement of ownership from the seller. 142 Sec. 25.1-7. Dealer to retain purchases. 143 A The dealer shall retain all precious metals or gems purchased for a minimum 144 of fifteen (15) calendar days from the date the electronic daily report required under 145 section 25 1 4 above is received bathe Virginia Beach Police Department Pawn Unit. 146 Until the expiration of this period the dealer shall not sell alter or dispose of a 147 purchased item in whole or in part or remove it from the City of Virginia Beach. 148 B If a dealer performs the service of removing precious metals or gems, he shall 149 retain the metals or gems removed and the article from which the removal was made for 150 a period of fifteen (15) calendar days after receiving such article and precious metals or 151 gems. 152 Sec. 25.1-8. Record of disposition. 153 Each dealer shall maintain for at least twenty-four (24) months an accurate and 154 legible record of the name and address of the person firm or corporation to which he 155 sells any precious metal or gem in its original form after the waiting period required by 156 section 25.1-7. This record shall also show the name and address of the seller from 157 whom the dealer purchased the item. 158 Sec. 25.1-9. Exemptions from chapter. 159 A The provisions of this chapter shall not apply to the sale or purchase of coins. 160 B The provisions of this chapter shall not apply to any bank branch thereof, trust 161 company or bank holding company or any wholl rLowned subsidiary thereof, engaged in 162 buyingand sellinc~gold and silver bullion. 163 The effective date of this ordinance shall be April 1, 2012. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 28th day of February 2012. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: City A rney's ffice Police Department CA12124 R-4 February 16, 2012 -44- Item -V-K.2 ORDINANCES/RESOLUTIONS ITEM #61650 Upon motion by Council Lady Henley, seconded by Councilman Moss, City Council ADOPTED, BY CONSENT: Ordinances to AUTHORIZE the City Manager to EXECUTE Leases at the Farmers Market: a. Linda K. and William E. Skipper (t/a Skipper Farms) b. Seasons Best Bakery, LLC Voting: 1-0 (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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. None Council Members Absent: Mayor William D. Sessoms, Jr. Item -V-K.3 February 28, 2012 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A 3-YEAR LEASE WITH 3 LINDA K. SKIPPER AND WILLIAM E. SKIPPER (T/A 4 SKIPPER FARMS) FOR SPACE #9 IN THE 5 VIRGINIA BEACH FARMERS MARKET 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 8 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 9 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 10 11 WHEREAS, Linda K. Skipper and William E. Skipper (t/a Skipper Farms) 12 ("Skipper Farms") is an existing tenant and would like to enter into a new lease with the 13 City for Space #9 in the Farmers Market (the "Premises"); 14 15 WHEREAS, the Premises will be utilized as a retail establishment of produce 16 and related items and for no other purpose; and 17 18 WHEREAS, Skipper Farms has agreed to pay the City $538 per month ($6,456 19 per year) for the use of the Premises for the first year of the term, with annual rent 20 increases equal to 5%. 21 22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager is hereby authorized to execute a lease for a term of three 26 (3) years between Linda K. Skipper and William E. Skipper (t/a Skipper Farms) and the 27 City for the Premises, in accordance with the Summary of Terms attached hereto and 28 made a part hereof, and such other terms and conditions deemed necessary and 29 sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia on the 28th day of 32 February, 2012. APPROVED AS TO LEGAL APPROVED AS TO ONTENT SUFFICIENCY AND FORM CITY ATTORNEY E T. O A (CULTURE CA11708 \\vbgov.com\DFS1 W pplications\Cityl.awProd\cycom32\W pdocs\D028\P011 \00017121.DOC R-1 February 17, 2012 SUMMARY OF TERMS LEASE FOR SPACE #9 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Linda K. Skipper and William E. Skipper (t/a Skipper Farms) PREMISES: Space #9 TERM: 3 years: March 1, 2012 -February 28, 2015 RENT: Year 1: $538 per month ($6,456 per year) Year 2: $565 per month ($6,780 per year) Year 3: $593 per month ($7,116 per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: Use Premises for the retail sale of produce and related items only and for no other purpose. • Maintain Premises, including heating and air conditioning units and/or heat pump units. Payment of all assessed fees. Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: Maintain common areas of the Farmers Market and structural elements of the Premises. Provide water and sewer. • Provide electrical service unless Lessee has its own account with Dominion Power. TERMINATION: After 8 months, either party may terminate by providing the other party sixty (60) days' written notice. • City also has special right to terminate if necessary for public purpose by giving sixty (60) days' written notice. \lvbgov.com\dfs 1 \applications\citylawprod\cycom32\W pdocs\D021 \P003\00052134.DOC LOCATION MAP ~~440 ' 260 260 ~--~~ ~-- Or anic Grocer 100 13 I 20 20 13 9 24 12~~12 I 60 L-1 Rual Herbage Ctr. 11 ~~ 11 200 6 ~ 24 40 316 7 ~, 3 ~ ~ 17 ~39 40 24 960, 24 16 3 40 7 3 17 401 24 A ~ 17 ~ (SPACE #9) 40 24 ~~~ 40 24 " 80 Picnic 30 g 2400 10 30 29 8 607 20 10 30 / 2 ti 9 / 31 1090 ~ 38 / 1178 15 939 VIRGINIA BEACH 320 40 35 FARMERS MARKET s 19 4 5 ----~5 4 960 320 40 ,, 16 ~39 PROPOSED 24 3 7,, 3 ~, LEASE ARE 9 40 24 ~~ 35 ~98~ ~,28 40 \4 ~~ 35 /~55 \~ 24 / `+ 15 ~ AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A 3-YEAR LEASE WITH 3 SEASONS BEST BAKERY LLC FOR SPACE #10 IN 4 THE VIRGINIA BEACH FARMERS MARKET 5 6 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 7 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 8 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 9 10 WHEREAS, Seasons Best Bakery LLC ("Seasons Best") is an existing tenant 11 and would like to enter into a new lease with the City for Space #10 in the Farmers 12 Market (the "Premises"); 13 14 WHEREAS, the Premises will be utilized as a retail establishment of baked 15 goods, candies, local produce and related items and for no other purpose; and 16 17 WHEREAS, Seasons Best has agreed to pay the City $682 per month ($8,184 18 per year) for the use of the Premises for the first year of the term, with annual rent 19 increases equal to 5%. 20 21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 24 That the City Manager is hereby authorized to execute a lease for a term of three 25 (3) years between Seasons Best LLC and the City for the Premises, in accordance with 26 the Summary of Terms attached hereto and made a part hereof, and such other terms 27 and conditions deemed necessary and sufficient by the City Manager and in a form 28 deemed satisfactory by the City Attorney. 29 30 Adopted by the Council of the City of Virginia Beach, Virginia on the 28th day of 31 February , 2012. APPROVED AS TO LEGAL APPROVED AS T,O CONTENT SUFFICIENCY AND FORM ~ ~ ~ ~ ~ -. CITY ATTORNEY EPT. OF GRICULTURE CA12143 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D028\P011\00017121.DOC R-1 February 16, 2012 SUMMARY OF TERMS LEASE FOR SPACE #10 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Seasons Best Bakery LLC PREMISES: Space #10 TERM: 3 years: March 1, 2012 -February 28, 2015 RENT: Year 1: $682 per month ($8,184 per year) Year 2: $716 per month ($8,592 per year) Year 3: $752 per month ($9,024 per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the retail sale of baked goods, candies, local produce and related items only and for no other purpose. Maintain Premises, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the Premises. • Provide water and sewer. • Provide electrical service unless Lessee has its own account with Dominion Power. TERMINATION: • After 8 months, either party may terminate by providing the other party sixty (60) days' written notice. • City also has special right to terminate if necessary for public purpose by giving sixty (60) days' written notice. \\vbgov.com\dfsl \applications\citylawprod\cycom32\W pdocs\D021 \P003\00052134.DOC ~ 24 40 316 7 X24 17 3 ~ 9;~~ J ,~ _ 440,E ( 260 ~ X260 ~_, ~, Organic Grocer 100 13 20 ~ 20 13 24 12~~12 60 _~ ~ 200 Rual Hertiage Ctr. 11~ 11! 6 ~ 24 40 960 24 16 3 40 ~! 939 3 17 40 24 960 LOCATION MAP 80 Picnic 8 30 2400 10 30 29 8 607 20 ~ 10 30 / 2 d~ / 31 1090 ~ 38 / 1~~ VIRGINIA BEACH 320 FARMERS ~RKET PROPOSED LEA5E AREA 163 ~ (SPACE #10) 4 7 317 ~--_ 40 ~ 960 24 ~ ~~~ 40 ~~~ 24 3 9~ /~~\ 40 24 p ) .~ 35 9 ~ ~28 40 ', 4 5 ~\ 24 35~ 5 _~ 5 _ 5 4 -45- ORDINANCES/RESOL UTIONS ITEM #61651 Upon motion by Council Lady Henley, seconded by Councilman Moss, City Council ADOPTED, BY CONSENT: Resolution to ESTABLISH the STONE AMBULANCE SERVICE, INC. and AUTHORIZE an annual EMS Permit re private ambulance services Voting: 10-0 (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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. February 28, 2012 1 A RESOLUTION TO APPROVE ESTABLISHMENT OF 2 STONE AMBULANCE SERVICE, INC. IN VIRGINIA BEACH 3 AND TO APPROVE AN ANNUAL EMS PERMIT FOR 4 PROVIDING PRIVATE AMBULANCE SERVICES 5 6 WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must 7 approve the establishment of an emergency medical service organization in the City of 8 Virginia Beach; and 9 10 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 11 10.5-2 ,any individual or organization that desires to operate an emergency medical 12 services agency or emergency medical services vehicles in Virginia Beach for emergency 13 transport or non-emergency transport purposes must apply for a permit; and 14 15 WHEREAS, a request for establishment and an application for a permit has been 16 received from Stone Ambulance Service, Inc.; and 17 18 WHEREAS, this request and application has been recommended for approval by 19 the Virginia Beach Department of Emergency Medical Services; and 20 21 WHEREAS, City Council finds the approval of this request and application is in the 22 best interests of the citizens of Virginia Beach as it will assure continued and adequate 23 emergency services and will preserve, protect and promote the public health, safety and 24 general welfare of the citizens. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the request of Stone Ambulance Service, Inc. for the establishment of its 30 emergency medical service in the City of Virginia Beach, and its application for an annual 31 EMS permit for providing private EMS ambulance services in the City of Virginia Beach is 32 hereby approved and granted, effective immediately and until June 30, 2012. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of 35 February 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: f„, ~, ..~ , :. -, .~ ~~-E..;r `' Emergency Medical Services City rney' O i CA12129 /February 7, 2012 -46- Item -V-K.4 ORDINANCES/RESOL UTIONS ITEM #61652 The following individual registered to speak.• Empsy Munden, 2203 Bayberry Street, Phone: 481-0481 spoke in SUPPORT amd stated there are a few more items that Cape Story wanted to suggest to carry the Resolution a little further and consider withdrawal of the permit transfer site as well as the lawsuit against BZA and private citizens. Also, the Zone East of the Maple Street dredge should be Zoned P-1. Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council ADOPTED: Resolution to REMOVE the Maple Street site as a potential dredge spoils site Yoting.• 10-0 (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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• Mayor William D. Sessoms, Jr. February 28, 2012 REQUESTED BY VICE-MAYOR JONES AND COUNCILMEMBER WOOD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 A RESOLUTION REMOVING THE MAPLE STREET SITE AS A POTENTIAL DREDGE SPOILS SITE WHEREAS, on May 10, 2011, City Council adopted a Council policy entitled, "Neighborhood Dredging Program" that established the program, which is funded by a partnership between the City and neighborhood residents to ensure that the Lynnhaven River, Rudee Inlet, the Elizabeth River, Broad Bay, and Linkhorn Bay navigation channels are adequately dredged; and WHEREAS, on June 14, 2011, City Council adopted a resolution in which it requested that the City's Beaches and Waterways Advisory Commission study the issues of dredge spoils removal and transfer stations and then present a report to City Council detailing its findings by February 7, 2012; and WHEREAS, after extensive study and after conducting several lengthy public hearings, the Beaches and Waterways Advisory Commission adopted a report detailing its recommendations to City Council; and WHEREAS, a key recommendation of the commission contained in its report is that the City no longer consider the Maple Street site as a potential dredge spoils transfer site for the Neighborhood Dredging Program; and WHEREAS, City Council agrees with that recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council hereby directs the City Manager to remove the Maple Street rite from consideration as a potential dredge spoils transfer site for the Neighborhood Dredging Program. 2. 4i'hat the City Council thanks the Beaches and Waterways Commission for its hard work and the countless hours of volunteer service its members dedicated to this study and report. Adopted by the City Council of the City of Virginia Beach, Virginia, this 28th day of February , 2012. APPROVED P,S TO LEGAL SUFFICIENC`f: /~ City Attorney's Office CA112131 R-3 February 15, 2012 -47- Item -V-K.S ORDINANCES/RESOLUTIONS ITEM #61653 Upon motion by Council Lady Henley, seconded by Councilman Moss, City Council ADOPTED, BY CONSENT: Ordinances to ACCEPT and APPROPRIATE: a. $1,549,138 from the Federal Emergency Management Agency (FEMA) to ESTABLISH the Severe Repetitive Loss Grant Program; AUTHORIZE the City Manager to EXECUTE a Grant Agreement; and, the remaining $172,127 will be the responsibility of the property owners b. $31,135 from United States Homeland Security through Virginia Emergency Management to the Fire Department to continue the Citizen Corps Council and Community Emergency Response Team c. $31,226 from the Fund Balance of the Sheriffs Office Special Revenue and $21,276 in estimated State Revenue re a Public Safety Analyst position Voting: 10-0 (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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss (ITEM Sc) Council Members Absent: Mayor William D. Sessoms, Jr. February 28, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE TO ACCEPT AND APPROPRIATE THE SEVERE REPETITIVE LOSS GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND TO ESTABLISH CIP # 7-200, "SEVERE REPETITIVE LOSS GRANT PROGRAM" BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. Capital Improvement Project # 7-200, "Severe Repetitive Loss Grant Program," is hereby established in the FY 2011-12 Capital Budget; 2. $1,549,138 is hereby accepted from the Federal Emergency Management Agency and appropriated, with federal revenue increased accordingly, to CIP # 7-200; and 3. $172,127 is hereby accepted from or on behalf of property owners and appropriated, with revenue from local sources increased accordingly, to CIP # 7-200 to meet the match requirement; and 4. The City Manager is hereby authorized to execute a grant agreement on behalf of the City or other necessary project agreements for the Severe Repetitive Loss Program. Adopted by the Council of the City of Virginia Beach, Virginia on the 28th day of Februarv 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: ~~~~ ~ ,~ J~ ~- Management Services ttorn ice CA12185 R-1 February 15, 2012 1 AN ORDINANCE TO ACCEPTAND APPROPRIATE FUNDS 2 FROM THE UNITED STATES DEPARTMENT OF 3 HOMELAND SECURITY TO THE FY 2011-12 OPERATING 4 BUDGET OF THE FIRE DEPARTMENT TO CONTINUE 5 THE CITIZEN CORPS COUNCIL AND COMMUNITY 6 EMERGENCY RESPONSE TEAM 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That grant funds in the amount of $31,135 are hereby accepted from the United 12 State Department of Homeland Security through the Virginia Department of Emergency 13 Management and appropriated, with federal revenues increased accordingly, to the FY 14 2011-12 Operating Budget of the Fire Department to continue the Citizen Corps 15 Council and Community Emergency Response Team. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day Of February , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: ~ ^; ~;~ ~ ~ ,.~~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: At n 's Office CA12188 R-1 February 16, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 AN ORDINANCE TO APPROPRIATE $31,226 FROM THE FUND BALANCE OF THE SHERIFF'S OFFICE SPECIAL REVENUE FUND AND $21,276 IN ESTIMATED STATE REVENUE FOR THE PURPOSE OF REINSTATING ONE STATE COMPENSATION BOARD POSITION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $31,226 is hereby appropriated, with revenue from Fund Balance increased accordingly, from the Fund Balance of the Sheriff's Office Special Revenue Fund to provide partial payment for a Public Safety Analyst position; 2. $21,276 is hereby appropriated, with estimated state revenues increased accordingly, to the Sheriff's Office Special Revenue Fund to provide partial payment for a Public Safety Analyst position; and 3. That the FY 2011-12 overall FTE count for the Sheriff's Office is hereby increased to include the addition of a Public Safety Analyst position. Adopted by the Council of the City of Virginia Beach, Virginia on the 28th day Of February 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ ~' ~,~ ~ ,_ . Cam' Management Services y tt e ' ice CA12133 R-1 February 10, 2012 -48- Item -V-K.6 ORDINANCES/RESOLUTIONS ITEM #61654 Upon motion by Council Lady Henley, seconded by Councilman Moss, City Council ADOPTED, BY CONSENT: Ordinance to TRANSFER $100, 000 from 19th Street Corridor improvements to the Rudee Inlet Connector Walk, Phase I to proceed with the construction Voting: 9-0 (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 E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Mayor William D. Sessoms, Jr. February 28, 2012 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO TRANSFER FUNDS FROM CIP #9- 069, "19T" STREET CORRIDOR IMPROVEMENTS" TO CIP #9-058, "RUDEE INLET CONNECTOR WALK" BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: $100,000 is hereby transferred from CIP #9-069, "19th Street Corridor Improvements," to CIP #9-058, "Rudee Inlet Connector Walk," to provide the remaining funds needed to proceed to the construction of Phase I of the Rudee Inlet Connector Walk. Adopted by the Council of the City of Virginia Beach, Virginia on the 28th day Of February , 2012. 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Ai A SI y Ni y 3 ~ ~~ < ~, ~ 'I ~ w w''. w',' O ji III a .Z) .ZI N 7 C N W W y ~ ry ry ~ ~ 3 I~rO K a° v° ' ~ n Q y. ~ N N p 7 A x x ~ d n d p_ O N 3' ~ ~ao ~c -l`: y G 7 n O ry O n~~ ~ ~°~'aQ N ~ d d v ~ O C fD ~'°~ o ry ? N „y, O ~ N ~ o~ p N,_~ a33~ N`~ ryZ W f0 C O W ~ S N (7 O ~ ~ ~ C7 y d W ~' J y v; m ~. s fD O GS N O N ?z 2 r Item -V-L PLANNING -49- ITEM #61655 1. VIRGINIA BEACH FINANCIAL SERVICE/ EDWARD HALLORAN 2. COURTHOUSE SELF-STORAGE ASSOCIATES, LLC 3. TKC LAND DEVELOPMENT II, LLC 4. INLAND DIVERSIFIED REAL ESTATE SERVICES, L.L.C. VARIANCE STREET CLOSURE CONDITIONAL USE PERMIT CHANGE OF ZONING S. Ordinance upon application of CITY OF VIRGINIA BEACH for Change o Zoning District Classification from R-10 Residential (HK) to P-(Preservation (HK) at 524 Kempsville Road re a public park as recommended by the Historic Kempsville Area Master Plan 6. MCQ BUILDERS, LLC.-l CHANGE OF ZONING 7. Ordinance to AMEND Sections 111 and 1001 of the City Zoning Ordinance (CZO) re the definition, storage, distribution and manufacture of high and low explosives February 28, 2012 -50- Item -V-l.l, 2, 3, 4, S, 6 and 7 PLANNING ITEM #61656 Upon motion by Council Lady Henley, seconded by Councilman Moss, City Council APPROVED IN ONE MOTION, BY CONSENT, Item 1, 2, 3, 4, 5, 6 and 7 of the PLANNING AGENDA Voting: 10-0 (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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. February 28, 2012 -51- Item -V-L.1 PLANNING ITEM #61657 Upon motion by Council Lady Henley, seconded by Councilman Moss, City Council APPROVED/CONDITIONED, BY CONSENT, Application of VIRGINL4 BEACH FINANCL4L SERVICE/EDWARD HALLORAN re a Variance to Section SB of the Site Plan Ordinance to preserve a historic structure at 5241 Princess Anne Road re the Floodplain (KEMPSVILLE DISTRICT) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of VIRGINIA BEACH FINANCL4L SERVICE/EDWARD HALLORAN re a Variance to Section SB of the Site Plan Ordinance to preserve a historic structure at 5241 Princess Anne Road re the Floodplain (GPIN 1466681966) KEMPSVILLE DISTRICT The following conditions shall be required.• 1. This variance is granted for a Finish Floor Elevation (FFE) of 7.51 feet instead of the 8.5 feet as required by Section SB. S. b of the City's Site Plan Ordinance. Voting: 10-0 (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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr February 28, 2012 -52- Item -V-L.2 PLANNING ITEM #61658 Upon motion by Council Lady Henley, seconded by Councilman Moss, City Council APPROVED/CONDITIONED, BY CONSENT, Application of COURTHOUSE SELF-STORAGE ASSOCLATES, LLC for a Street Closure re an unimproved portion of James Madison Boulevard. (PRINCESS ANNE DISTRICT) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of COURTHOUSE SELF-STORAGE ASSOCIATES, LLC for a Street Closure re an unimproved portion of James Madison Boulevard (adjacent GPIN 1494-71-1651) PRINCESS ANNE DISTRICT The following conditions shall be required: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. If a purchase price is to be paid to the City, the price shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, "approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The plat must be submitted and approved for recordation prior to final street closure approval. A plat providing a drainage easement shall be reviewed and approved by the Virginia Beach Public Works Department during detailed Site Plan review unless the Public Works Director or his designee waives this requirement. 3. The applicant shall verb that no private utilities exist within the right-of--way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of--way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided or the applicant will work with the utility companies to relocate those utilities, if required. 4. The City will retain an easement, subject to the approval of the Department of Parks and Recreation and the City Attorney's Office, over the portion of the public pathway located on Parcel B3-B. S. The removal of City-owned trees, located within the right-of--way, must be coordinated with the City's Landscape Management Division. The City-owned trees may either be incorporated into the residential development or relocated within the City-owned park area at the developer's expense. 6. Closure of the right-of--way shall be contingent upon compliance with the above-stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of--way, this approval shall be considered null and void. February 28, 2012 -53- Item -V-L.2 PLANNING Voting: 10-0 (By Consent) Council Members Voting Aye: ITEM #61658(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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• Mayor William D. Sessoms, Jr. February 28, 2012 1 ORDINANCE APPROVING APPLICATION OF 2 COURTHOUSE SELF-STORAGE ASSOCIATES, 3 L.L.C. AND COURTHOUSE GREEN, LLC, FOR THE 4 CLOSURE OF AN UNIMPROVED PORTION OF 5 JAMES MADISON BOULEVARD (ADJACENT GPIN 6 1494-71-1651) 7 8 WHEREAS, Courthouse Self-Storage Associates, L.L.C. applied to the 9 Council of the City of Virginia Beach, Virginia, to have the hereinafter described right-of- 10 way and cul-de-sac reservation (collectively, "right-of-way") discontinued, closed, and 11 vacated; and 12 13 WHEREAS, after Courthouse Self-Storage Associates, L.L.C. submitted 14 its application for the closure of the hereinafter described right-of-way, it conveyed its 15 property, including its interest in the hereinafter described right-of-way to Courthouse 16 Green, LLC; 17 18 WHEREAS, Courthouse Self-Storage Associates, L.L.C. and Courthouse 19 Green, LLC are collectively referred to herein as the "applicant"; 20 21 WHEREAS, it is the judgment of the Council that said right-of-way be 22 discontinued, closed, and vacated, subject to certain conditions having been met on or 23 before one (1) year from City Council's adoption of this Ordinance; 24 25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 26 Virginia Beach, Virginia: 27 28 SECTION I 29 30 That the hereinafter described right-of-way be discontinued, closed and 31 vacated, subject to certain conditions being met on or before one (1) year from City 32 Council's adoption of this ordinance: 33 34 All those certain pieces or parcels of land situate, lying and 35 being in the City of Virginia Beach, Virginia, designated and 36 described as "60' R/W RESERVATION M.B. 253, PG. 31 TO 37 BE CLOSED AREA=23,241 SQ. FT. OR 0.5335 ACRES", 38 and designated and described as "60' CUL-DE-SAC M.B. 39 253, PG. 31 TO BE CLOSED AREA = 5,945 SQ. FT. OR 40 0.1365 ACRES" shown as the hatched area and the cross- 41 hatched area, respectively, on that certain plat entitled: 42 "SHOWING UNIMPROVED 60' R/W RESERVATION AND 43 44 GPIN:1494-71-1651-0000 i 45 60' CUL-DE-SAC TO BE CLOSED ON PARCEL B3-B FOR 46 COURTHOUSE GREEN LLC VIRGINIA BEACH, VIRGINIA" 47 Scale: 1 "= 100', dated January 12, 2012, prepared by Horton 48 & Dodd, P.C., a copy of which is attached hereto as Exhibit 49 "A" 50 51 SECTION II 52 53 The following conditions must be met on or before one (1) year from City 54 Council's adoption of this ordinance: 55 56 1. The City Attorney's Office will make the final determination regarding 57 ownership of the underlying fee. If a purchase price is to be paid to the City, 58 the price shall be determined according to the "Policy Regarding Purchase of 59 City's Interest in Streets Pursuant to Street Closures," approved by City 60 Council. Copies of the policy are available in the Planning Department. 61 62 2. The applicant shall resubdivide the property and vacate internal lot lines to 63 incorporate the closed area into the adjoining parcel. The plat must be 64 submitted and approved for recordation prior to final street closure approval. 65 A plat providing a drainage easement shall be reviewed and approved by the 66 City of Virginia Beach Public Works Department during detailed site plan 67 review unless the Public Works Director or his designee waives this 68 requirement. 69 70 3. The applicant shall verify that no private utilities exist within the right-of-way 71 proposed for closure. Preliminary comments from the utility companies 72 indicate that there are no private utilities within the right-of-way proposed for 73 closure. If private utilities do exist, easements satisfactory to the utility 74 company must be provided or the applicant will work with the utility 75 companies to relocate those utilities, if required. 76 77 4. The City will retain an easement, subject to the approval of the Department of 78 Parks and Recreation and the City Attorney's Office, over the portion of the 79 public pathway located on Parcel B3-B. 80 81 5. The removal of City-owned trees located within the right-of-way must be 82 coordinated with the City's Landscape Management Division. The City-owned 83 trees may either be incorporated into the residential development or relocated 84 within the City-owned park area at the developer's expense. 85 86 6. Closure of the right-of-way shall be contingent upon compliance with the 87 above stated conditions within 365 days of approval by City Council. If the 88 89 conditions noted above are not accomplished and the final plat is not 90 approved within one year of the City Council vote to close the right-of-way, 91 this approval shall be considered null and void. 92 93 SECTION III 94 95 1. If the preceding conditions are not fulfilled on or before February 27, 96 2013, this Ordinance will be deemed null and void without further action by the City 97 Council. 98 99 2. If all conditions are met on or before February 27, 2013, the date of 100 final closure is the date the street closure ordinance is recorded by the City Attorney. 101 102 3. In the event the City of Virginia Beach has any interest in the 103 underlying fee, the City Manager or his designee is authorized to execute whatever 104 documents, if any, that may be requested to convey such interest, provided said 105 documents are approved by the City Attorney's Office. 106 107 SECTION IV 108 109 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 110 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 111 OF VIRGINIA BEACH as "Grantor" and COURTHOUSE GREEN, LLC, as "Grantee." 112 113 Adopted by the Council of the City of Virginia Beach, Virginia, on this 114 28th day ofFebruary , 2012. 115 116 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE- 117 FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA 11983 R-1 February 13, 2012 \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\Wpdocs\D010\P014\00006020. DOC APP E AS TO CONTENT: Plannin De artment APPROVED AS TO LEGAL SUFFICIENCY: LGIC C ~L ~ lti'h~~~ City Attorney 3 EXHIBIT "A" C~C7RQE MASON DAVE (110' R/w} NOTE; THIS PLAT f5 FOR EXHIBIT PURPOSES ONLY AND (M.B. ii9, PG. 38 & 39 GOES NOT REPRESENT A BOUNDARY SURVEY. b rn ~ o ~ J ~~ N ~ ~ F. '9~~ J ... ~~~ w J Ct1RYE TABLE CURVE RADIUS LENGTH TANGENT CHORD CHORD BEARING DELTA C7 60.00' &2.83' 34.64' 60.00' S 02'45 09 E 60'00 00' C2 60.00' 157.D$' 223.92' 115.91' S 42' 14 51 W 150'00 00" C3 60.00' 94.25' 60.00' 84.85` N 17'45 09 W 90`DO'00" ~~ PARCEL B3 A T'~ P/N M.B. 253, PG, 31 ~ FOUND UNCfED STATES POSTAL SERV{CE G~ , GPIN 14947149020000 -'~ ~.~ D.B. 3660, PG. 2063 ~ 0 552.g9' 492.80' ~4~ ~~ O~ (FIELD} PJN FOUND 5 59`37'03° E S 59'36'05" E PIN 60 09' FOUND j i r z ~ ///// ~'~ N N ~ is y y n' `~~ y~ . a? ~ ~. .P, ~ r~ rn C3" / 1''~ w ~+ 00 ~ o, ~ ~~ O P/N FOUND 60' CUL-DE-SAC M.B. 253, PG. 31 TD BE cLasED AREA= 5,945 5Q. Fl'. OR 0,1365 ACRES PARCEL B3-B M.B, 253, PG. 31 COURTHOUSE GREEN LLG GPIN 1 49471 1 651 0000 INSTR. X20111229001333400 60' R/W RESERVATION ~,, M.B. 253, PG. 31 ~ ~ TO BE CLOSED a AREA= 23,241 S0. FT. n ~~N OR 0.5335 ACRES 1 60.18 ,~ 264.56' N 58' 19'36" W 371.28' FIELD) N 58'20'06" W 371.40'~PLAT) ~ PARCEL A-1 ------~- M.B. 305, PG. 59 CITY OF YIRGiNA BEACH GPIN 14946271010000 PRINCESS ANNE COMMONS 1 r D.B. 3698, PG. 954 IEGENQ: ~ 60' CUL-OE-SAC ~ M.B. 253, PG. 31 TO BE ClOSE0 AREA= 5,945 SQ. FI. OR 0.1365 ACRES %%~ 60' Rjw RESERYATTON Y~L~! U M.B. 253, PG, 31 TO BE CEASED AREA- 23,241 SQ. FT. OR 0.5335 ACRES A3~ oNa,Q h ~~° ~~ ~~ Qs~ o< <o a~ °` PART OF PARCEL A-! M.B. 253, PG. 31 COURTHOUSE GREEN LLC GPIN 149471634710000 INSTR. X20111229001333390 P!N p//~ FOUND FOUND N6~ 56'S5"W 196:95 (PLAT) HICKORY BRJDGE oAwD w. HEFFNER & SUSAN H. HEFFNER GPIN 14947131790000 ~-, INSTR. X20060831001328900 ~r n ~,, ,,tip~ ~Gfi~ Uc. No, 2076 ©/ /2~~~ C q4 REFERENCES M.B. 253, PG. 31 GRAPHIC SCALE 100 0 100 200 SCALE FEET a EXHt811' 'A' SHOWING UNIMPROVED 60' R jW RESERVATION AND 60' CUL-DE--SAC 70 BE CLOSED ON PARCEL 63-B FOR COURTHOUSE GREEN LLC VIRGINIA BEACH, VIRGINIA SCALE; 1'= 100' JANUARY 12, 2012 unCrrrul 9. nnnn o n SURVEYORS, ENGINEERS do PLANNERS ~ 3O0 GfORGE WASHINGTON HWY. N. CHESAPEAKE, YfRGINIA 23323 (757} 467-4535 Y:\At;AU\UHG\%1UA4 tXF11ti11\Kri GLOSUKt{O1-11-12).OWG {ExHlati) -54- Item -V-L.3 PLANNING ITEM #61659 Upon motion by Council Lady Henley, seconded by Councilman Moss, City Council APPROVED/CONDITIONED, BY CONSENT, Application of TKC LAND DEVELOPMENT II, LLC for a Conditional Use Permit re a retail store and bulk storage yard at Princess Anne and Sandbridge Roads (PRINCESS ANNE DISTRICT) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of TKC LAND DEVELOPMENT II, LLC for a Conditional Use Permit re a retail store and bulk storage yard at Princess Anne and Sandbridge Roads (GPIN 2414213872) PRINCESS ANNE DISTRICT The following conditions shall be required: The site shall be developed substantially in accordance with the submitted "Preliminary Site Plan's of Tractor Supply Company at Princessboro Development, Sheet C-1 Layout and Sheet L-1 Landscape Plans ", prepared by Parrish Layne Design Group, and dated 12-19-11. Said plans have been exhibited to the City Council and are on file in the Planning Department. Should the applicant be unsuccessful in obtaining variances for the drive aisle width and the parking requirements, the Site and Landscape Plans shall be revised to meet the requirements of the City Zoning Ordinance. 2. The building shall be constructed substantially in accordance with the submitted building elevation prepared by Oxford Architecture. Building materials and architectural elements shall be adhered to as depicted on the elevation. Said elevation plan has been exhibited to the City Council and are on file in the Planning Department. 3. The display areas located at the front of the store and at the front of the site shall be striped to designate the location of the merchandise. All merchandise shall be stored within the designated areas. 4. No merchandise stored in the `fenced outdoor sales "area, adjacent to the building, shall exceed the height of the fencing except the gates, which will be stored against the side of the building. S. The applicant shall obtain the necessary ingress-egress easements with the adjacent shopping center to access the site through the shopping center property. February 28, 2012 -55- Item -VI-L.3 PLANNING ITEM #61659(Continued) Voting: 10-0 (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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. February 28, 2012 -56- Item -V-L.4 PLANNING ITEM #61660 Upon motion by Council Lady Henley, seconded by Councilman Moss, City Council APPROVED/CONDITIONED, BY CONSENT, Application of INLAND DIVERSIFIED REAL ESTATE SERVICES, L.L.C. for a Conditional Use Permit re an outdoor recreation at 3300-3388 Princess Anne Road. (PRINCESS ANNE DISTRICT) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of INLAND DIVERSIFIED REAL ESTATE SERVICES, L.L.C. fora Conditional Use Permit re an outdoor recreation at 3300-3388 Princess Anne Road (GPINs 1485908202,1485918303,1485918632) PRINCESS ANNE DISTRICT The following conditions shall be required: 1. The activities shall occur in the designated areas of the Landstown Commons -Store Listing Plan undated by the applicant. 2. Hours of activities shall end at the time of regularly scheduled store closings. 3. No permanent structures shall be added to the site. 4. The site shall be cleared of trash at the conclusion of each event. Any additional trash or recycling receptacles shall be removed and contents properly disposed of at the end of each activity day. 5. The Zoning Administrator shall review this Use Permit on an annual basis to determine if there have been any issues during the prior season of operation that negatively impacted the compatibility of the use with the surrounding area to the extent that a re-evaluation of the Use Permit is necessary. If so, the Use Permit shall be re-evaluated by Planning Department Staff, who shall recommend appropriate action to the Planning Commission and City Council. February 28, 2012 -57- Item -V-L.4 PLANNING Voting.• 10-0 (By Consent) Council Members Voting Aye: ITEM #6I660(Conti~zued) Glenn R. Davis, William R "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. None Council Members Absent: Mayor William D. Sessoms, Jr. February 28, 2012 -58- Item -V-L.S PLANNING ITEM #61661 Upon motion by Council Lady Henley, seconded by Councilman Moss, City Council APPROVED, BY CONSENT, Application of the CITY OF VIRGINIA BEACH fora Change of Zoning District Classification from R-10 Residential (HK) to P-IPreservation (HK) at 524 Kempsville Road re a public park as recommended by the Historic Kempsville Area Master Plan. (DISTRICT 2 - KEMPSVILLE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CITY OF VIRGINIA BEACH for a Chan e o~ZoninQ District Classification from R-10 Residential (HK) to P-IPreservation (HK) at 524 Kempsville Road re a public park as recommended by the Historic Kempsville Area Master Plan. (GPIN 1466786341) DISTRICT 2 - KEMPSVILLE Voting: 10-0 (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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. February 28, 2012 -59- Item -V-L.6 PLANNING ITEM #61662 Upon motion by Council Lady Henley, seconded by Councilman Moss, City Council APPROVED, BY CONSENT, Application of MCQ BUILDERS, LLC. - 1 for a Change of Zoning District Classification from PDH-2 Planned Unit Development Overlay to P-1 Preservation at 467 and 473 North Witchduck Road (BAYSIDEDISTRICT) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of MCQ BUILDERS, LLC. - 1 for a Change of Zoning District Classification from PDH-2 Planned Unit Development Overlay to P-1 Preservation at 467 and 473 North Witchduck Road (GPINs 1467888153 and 1467886085) BAYSIDE DISTRICT Voting: 10-0 (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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. February 28, 2012 -60- Item -V-L.7 PLANNING ITEM #61663 Upon motion by Council Lady Henley, seconded by Councilman Moss„ City Council ADOPTED, BY CONSENT: Ordinance to AMEND Sections 111 and 1001 of the City Zoning Ordinance (CZO) re the definition, storage, distribution and manufacture of high and low explosives Voting: 10-0 (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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. None Council Members Absent: Mayor William D. Sessoms, Jr. February 28, 2012 1 AN ORDINANCE TO AMEND SECTION 111 2 AND 1001 OF THE CITY ZONING 3 ORDINANCE PERTAINING TO THE 4 DEFINITION, STORAGE, DISTRIBUTION, 5 AND MANUFACTURE OF HIGH AND LOW g EXPLOSIVES 7 g Section Amended: §§ 111, and 1001 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Sections 111, and 1001 of the City Zoning Ordinance are hereby amended 17 and reordained to read as follows: 18 19 ARTICLE 1. -GENERAL PROVISIONS 20 21 .... 22 23 Sec. 111. -Definitions 24 25 For the purpose of this ordinance, words used in the present tense shall include 26 the future; words used in the singular number include the plural and the plural the 27 singular; the use of any gender shall be applicable to all genders; the word "shall" is 28 mandatory; the word "may" is permissive; the word "land" includes only the area 29 described as being above mean sea level; and the word "person" includes an individual, 30 a partnership, association, or corporation. 31 32 .... 33 34 Explosive high Explosive material as defined in the current editions of the 35 International Fire Code and International Building Code which can be detonated by 36 means of a No. 8 test blasting cap when unconfined. 37 38 Explosive low Explosive material as defined in the current edition of the 39 International Fire Code and International Building Code that will burn or deflagrate 40 when ignited and is characterized by a rate of reaction that is less than the speed of 41 sound. 42 43 COMMENT 44 45 This amendment defines high and low explosives with reference to the current editions of 46 the International Fire Code and International Building Code. 47 48 ARTICLE 10. -INDUSTRIAL DISTRICTS 49 50 .... 51 52 Sec. 1001. -Use regulations. 53 54 (a) Principal and conditional uses. The following chart lists those uses permitted 55 within the I-1 and I-2 Industrial Districts. Those uses and structures in the respective 56 industrial districts shall be permitted as either principal uses indicated by a "P" or as 57 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be 58 prohibited in the respective districts. No uses or structures other than as specified shall 59 be permitted. 60 61 .... 62 Use I-1 I-2 High explosives mac..^'~..p.~~ manufacturing, X C storage and distribution, Low explosives manufacturing and distribution X C Low explosives storage with a valid federal P P explosives permit or license from the Bureau of Alcohol Tobacco Firearms and Explosives BATF 63 64 .... 65 COMMENT 66 67 This amendment will allow the storage of low explosives in the Industrial Zoning Districts 68 as a permitted use with a valid ATF permit. It will also allow as a conditional use in the I-2 District 69 the manufacturing and distribution of low explosives. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day Of February 2012. _, APPROVED AS TO CONTENT: v~.~ ~r -~ PI nning APPROVED AS TO LEGAL SUFFICIENCY: CA12014/R-6/December 21, 2011 Item # 10 City of Virginia Beach Ordinance to amend Sections January 11, 2012 CONSENT 111 & 1001 of the City Zoning Ordinance An Ordinance to amend Sections 111 and 1001 of the City Zoning Ordinance (CZO) pertaining to the definition, storage, distribution and manufacture of High and Low Explosives. SUMMARY OF AMENDMENT This amendment defines High and Low Explosives with reference to the current editions of the International Fire Code and International Building Code. The Zoning Ordinance currently prohibits the storage of explosives in any zoning district; however, with the increasing diversification of the city's economic base as well as businesses under contract to the military facilities in the region, there is a need for the storage of explosives on the site of the business to make them readily available as necessary. The amendment will allow the storage of Low Explosives in the Industrial Districts as permitted use with a valid permit from the Bureau of Alcohol, Tobacco, and Firearms (ATF). It will also allow as a Conditional Use Permit in the I-2 District the manufacturing and distribution of Low Explosives. AYE 9 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LI VAS AYE REDMOND AYE RIPLEY ABSENT RUSSO AYE THORNTON AYE By a vote of 9-0, the Commission approved item 10 by consent. -61- Item -V-M APPOINTMENTS ITEM #61664 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BOARD OF B UILDING CODE APPEALS COMMUNITYSERVICESBOAR0 HEALTH SERVICES ADVISORYBOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PLANNING COMISSION THE PLANNING COUNCIL February 28, 2012 -62- Item -V-M APPOINTMENTS ITEM #61665 Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED: BETH BAILEY KATHLEEN M. REED STEWART REICH CHRISTINA M. TRAPANI 3 year term - 04/01/2012 - 03/31/201 S CLEAN COMMUNITY COMMISSION Voting: 10-0 (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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay None Council Members Absent.• Mayor William D. Sessoms, Jr. February 28, 2012 -63- Item -V-M APPOINTMENTS ITEM #61666 Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED: BEATRIZ AMBERMAN WILLIAM HEARST DR. AGNES MOON 3 year term - 04/01/2012 - 03/31/201 S HUMAN RIGHTS COMMISSION Voting: 10-0 (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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. February 28, 2012 -64- Item -V-M APPOINTMENTS ITEM #61667 Upon NOMINATION by Council Lady Henley, City Council APPOINTED: MICHELLE JOHNSON Unexpired term thru 08/31/2014 PARKS and RECREATION COMMISSION Voting: 10-0 (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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. February 28, 2012 -65- Item -V-M APPOINTMENTS ITEM #61668 Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED: RUBY CHRISTIAN 3 year term - 03/01/2012 - 02/28/20l S PERSONNEL BOARD Voting: 10-0 (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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. February 28, 2012 -66- Item -V-M APPOINTMENTS ITEM #61669 Upon NOMINATION by Council Lady Henley, City Council APPOINTED: DONNA S. MORRIS Unexpired term thru 06/30/2014 SOCIAL SERVICESADVISORYBOARD Voting: 10-0 (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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. None Council Members Absent: Mayor William D. Sessoms, Jr. February 28, 2012 -67- Item -VI-M ADJOURNMENT ITEM #61670 Vice Mayor Louis R. Jones DECLARED the City Council Meeting ADJOURNED at 6:21 P.M. ~G~ Amanda Finley-Barnes, CMC Deputy City Clerk th Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia Louis R. Jones Vice Mayor February 28, 2012 -67- Iterra -VI-M ADJOURNMENT ITEM #61670 Vice Mayor Louis R. Jones DECLARED the City Council Meeting ADJOURNED at 6:21 P.M. Amanda Finley-Barn , CMC Deputy City Clerk th Hodges Fraser, C City Clerk City of Virginia Beach Virginia ti i Louis R. Jones Vice Mayor illiam D. es s, Jr. Mayor February 28, 2012