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Home My WebLink AboutAPRIL 24, 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. DAVIS, Rose Hall - District 3 WILLIAM R. DeS7EPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERTM DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne — District 7 JOHN D. MOSS, At -Large JOHN E. UHRIN, Beach — District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER — JAMES K. SPORE CITY ATTORNEY — MARK D. STILES CITY ASSESSOR — JERALD D. BANAGAN CITY AUDITOR — LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 24 APRIL 2012 CITY HALL BUILDLNC 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8001 PHONE: (757) 385-4301 FAX (757) 385-5665 E-MAIL: Ctycncl@vbgov.cotr I. FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) A. City Council/School Board JOINT WORKSHOP B. City Council WORKSHOP II. CITY MANAGER'S BRIEFING A. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director - Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Building 19—AIB- 1:30 PM -Conference Room- 3:00 PM -Conference Room- 5:00 PM -Conference Room - A. CALL TO ORDER – Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 5:30 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Father John Manuel St. Nicholas Greek Orthodox C. PLEDGE OF ALLEGIANCE D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS April 10, 2012 G. MAYOR'S PRESENTATION 1. LAW ENFORCEMENT DAY — April 24, 2012 Sheriff Kenneth Stolle H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. PUBLIC HEARING 1. CAFE FRANCHISE LEASES OF CITY -OWNED PROPERTY J. PLANNING 1. Application of 1168 ASSOCIATES, LLC. for the closure of an unimproved portion of First Colonial Road and Mill Dam Court to incorporate the closed area into their adjoining parcel DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 2. Application of OCEAN RENTAL PROPERTIES, LLC for an enlargement of a Non - Conforming Use at 403 16th Street re single family dwellings on one lot DISTRICT 6 - BEACH RECOMMENDATION DEFER to May 8, 2012 3. Application of ERNEST D. PARRISH/LYNNHAVEN COLONY SHOPS for a Conditional Use Permit re truck and trailer vehicle rentals at 2973 Shore Drive. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 4. Application of SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERAL HOME, INC. for a Conditional Change of Zoning from AG -1 and AG -2 Agricultural to Conditional B-2 Community Business and 1-1 Light Industrial at Princess Anne and Dam Neck Roads re retail and office use DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 5. Application of PRINCESS ANNE, H & R RE, LP./SOUTHGATE COMMONS, LLC. for a Conditional Use Permit re a rehabilitation facility (Convalescent Home) at Princess Anne and Dam Neck Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 6. Application of BAYLAKE UNITED METHODIST CHURCH for a Conditional Use Permit re a child care center at 4300 Shore Drive. DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 7. Applications of 1792 PRINCESS ANNE ROAD, L.L.C. at Princess Anne and Indian River Roads. DISTRICT 7 - PRINCESS ANNE a. Conditional Change of Zoning from B-2 Community business and AG -2 Agricultural to Conditional B-2 Community Business b. Conditional Use Permit re an auto service station RECOMMENDATION APPROVAL Application of KROLL ENTERPRISES, INC./N & K PROPERTIES, LLC AND B & W PROPERTY DEVELOPMENT, LLC for a Change of Zoning District Classification from AG -1 Agricultural, AG -2 Agricultural, R-15 Residential and B -1 Neighborhood Busines to Conditional R-7.5 Residential at Nimmo Parkway and Camino Real South re family dwellings on fee -simple lots DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 9. Ordinances to AMEND the City Zoning Ordinance: a. Sections 111 and 1804 defining "Indoor Play Centers" and designating such use as "incompatible" in the Clear Zone and Accident Potential Zone -1 (APZ-1); re -designating certain manufacturing uses as "compatible" in the greater than 75 dB DNL Noise Zone and in Accident Potential Zones 1 and 2; and, ADDING "Religious Uses" to Tables 1 and 2 of Section 1804 b. Section 1810 re design features for structures in APZ-1 RECOMMENDATION APPROVAL 10. Ordinance to AMEND the Comprehensive Plan re the March 2012 Lynnhaven Strategic Growth Area Master Plan and revising the Policy Document K. PUBLIC HEARING 1. FY 2012-2013 RESOURCE MANAGEMENT PLAN L. ORDINANCES/RESOLUTIONS 1. Ordinance to GRANT Franchise Agreements for Open Air Cafes in the Resort Area a. One-year Franchise b. Manhattan's Restaurant Cafe Shoreline Grill Cafe Five-year Renewals Shoreline Grill Cafe Cabanas Seaside Bar & Grille 22 a Street Raw Bar 23rd Street Cafe Abbey Road Little Feets Luna Sea Shoreline Grill Mahi Mah's Shoreline Grill Mahi Mah's Neptune's Laverne's Timbuktu Barclay Towers Dough Boy's Four Sails Dough Boy's Calypso Bar & Grill Oceanhouse Waterhouse 2. Ordinance to ESTABLISH a Capital Budget, ACCEPT and APPROPRIATE $482,000 from the Economic Development Access Fund and $354,000 from the property developer re "Progress Lane Extension" 3. Ordinance to increase APPROPRIATIONS of $2,400,000 to the Fuels Internal Service Fund and $1,600,000 to the City Garage Internal Service Fund to address additional needs for cost -of -goods -sold 4. Resolution to REQUEST the Circuit Court to order a Referendum Election be conducted in accordance with Code of Virginia, Sections 24.2-682 and 24.2-684, to be held on November 6, 2012, re "supporting the financing and development of The Tide Light Rail into Virginia Beach" 5. Resolution that City Council REQUEST the General Assembly AMEND the City's Charter to provide for the Election of City Council Members who represent each of the City's seven (7) Residence Districts only by the voters who reside in the respective Residence Districts as opposed to the current system of At Large Voting M. APPOINTMENTS ARTS and HUMANITIES COMMISSION AUDIT COMMITTEE BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS COMMUNITY SERVICES BOARD MINORITY BUSINESS COUNCIL TOWING ADVISORY BOARD N. UNFINISHED BUSINESS 0. NEW BUSINESS P. ADJOURNMENT * * * * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, FY 2012-2013 BUDGET HEARINGS May 1 Budget Reconciliation Workshop - Council Chamber - Time TBD May 8 Budget Adoption - Council Chamber - 6:00 PM please call the CITY CLERK'S OFFICE at 385-4303 * * * * * * * * * * * CITY COUNCIL WORKSHOP AUGUST 7, 2012 CANCELLED City Council invites ALL citizens to participate in your NEIGHBORHOOD NATIONAL NIGHT OUT 2012 CITY HOLIDAYS Monday, May 28 Wednesday, July 4 Monday, September 3 Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day -1 - VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April24, 2012 Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL/SCHOOL BOARD JOINT WORKSHOP re FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget), in BUILDING 19, Conference Rooms A and B, Tuesday, April 24, 2012, at 1:30 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, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None School Board Members Present: Vice Chairman William J. Brunke, IV, Dr. Todd C. Davidson, Emma L. "Em" Davis, Chairman Daniel D. "Dan" Edwards, Dottie Holtz, Brent N. Mckenzie, Ashley K. McLeod, Sam Reid, Patrick S. Salyer, D. Scott Seery and Carolyn D. Weems School Board Members Absent: None April24, 2012 -2 - CITY COUNCIL/SCHOOL BOARD JOINT WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) 1:30P.M. ITEM #61 796 Mayor Sessoms introduced and welcomed Dan Edwards, Chairman — Virginia Beach School Board. VIRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE Chairman Edwards stated the example below is the School's Funding Cliff and how the Division is trying to hold steady. There is already concern for the next fiscal year's budget and the "cls" continuing to increase. Schools' Funding Cliff — 2012/13 TOTAL FUNDING CLIFF April 24, 2012 -3 - CITY COUNCIL/SCHOOL BOARD JOINT WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) ITEM #61796(Continued) City Council, nor the Schools, have used one-time money for ongoing requirements and both bodies are mindful of the risks in doing so. Schools' Funding Cliff — 2013/14 ....... Based on City Manager's Budget.... Special School Reserve $11.0M City Fund Balance $9.2M TOTAL $20.2M Vice Chairman Brunke provided the information below in a Briefing approximately one year ago. The Local Composite Index (LCI) was reduced $28.7 -Million annually. Composite Index of Local Ability to Pay ADM Component= local True Value of PtmDetV 5 Local ALM Supe True Value of Property State ALM — Population Ccmponet = Local True Value of Property — Local Population State True Value of Property State Population +.4 Local Adjusted Gross hcome r local Taxable Retail Sales — Local ADM 1I Lova ALM +.1 +4 Local Compost@ Index= Stale kiusted Gross hoome J I Sere Too,Ne Prttil Salm State ALM L State ADM — Local Adusted Gross hcorne Local Population Sure Adjusted Goss bourne State POpulatlm Local Taxable Retail Sales — Local Population +1 State Taxable Retail Sales State Population ((.6567 xADM Component) • (.3333x Population Component)) x 0.45 (046700@ local share) April 24, 2012 -4 - CITY COUNCIL/SCHOOL BOARD JOINT WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) ITEM #61796(Continued) VB Schools — Local Composite Index 0 75000 0.05000 0.55000 0.45000 0.35000 0.25000 VB — LCI History ODp �O93' �OOp OOb �OOi �Oyp L Local Portion State Portion -$28.7 Million State Funding Loss (Annually) Due to the relative economy, it is now the City versus the State and the City is expected to provide a larger share of the School 's funding. LCI Rate LCI Adjustments FY 20063076 FY 2007;08 FY 2008109 009 2009310 FY 2010/11 & FY 2011112 FY 20121138 FY 201314 Total 00497 03704 04003 04110 Loss 01State Funds :941340/) -5,000,000 -10,000,000 -15,000,000 -20,000,000 -25,000,000 -30,000,000 ;21 ]1.1940 31.040.2'34) 'IA 128,655.8431 April 24, 2012 -5 - CITY COUNCIL/SCHOOL BOARD JOINT WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) ITEM #61 796(Continued) This chart provides an overview of the Historical Operating Budget. Historically, the Operating Budget was in the $700- to $720 -Million range; but, as a result of the Recession, the Operating Budget has been reduced to the $640- to $660 -Million range. Historical Operating Budget $740,000,000 $720,000,000 $700,000,000 $680,000,000 $660,000,000 $640,000,000 $620,000,000 $600,000,000 $580,000,000 $560,000,000 SB Budget ,, tiC:, 1, 1,C) tiC) tiC) unding Target Just as the City, the Schools are facing an increase in the VRS Rate, life insurance and health insurance costs. VB Schools — Budget Drivers for FY 2012/13 • Increase in VRS Rate $25.1 M • Increase in VRS Life Rate $ 3.6 M • Increase in Employee Health $ 6.4 M Care Plan Costs April 24, 2012 -6 - CITY COUNCIL/SCHOOL BOARD JOINT WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) ITEM #61796(Continued) The Schools' proposed Budget is $661 -Million. With the City Manager's suggested revisions plus the additional funding from the State, the funding is now at $645.7 -Million. FY 2012/13 Budget From SEON to Today — 4/24/12 670,000,000 660,000,000 650,000,000 640,000,000 ---- 630,000,000 620,000,000 610,000,000 600,000,000 661,652,859 620,819,81 SEON 625,275,274 SB Proposed —*..Expenditure 4itoRevenue 662,322,416 (015,526,087) Add.. REATnu4F p,d; 646,796,329 Revised Deficit Based on that information, the chart below provides the items restored to the School Board's Proposed Budget. Items Restored to the SB Proposed Budget • Employee Hold Harmless $11.4 M • Convert all HS to 4x4 (reduces teaching positions) $8.2 M • Employee Furloughs (3 days) $7.0 M • Increase class -size (K-12) by'Astudent $4.9 M (reduces teaching positions) • Convert from Middle School to Junior High Model $4.4 M (reduces teaching positions) • Eliminate Academy Transportation $2.9 M • Raise (%2 %( 52.3 M • Eliminate MS interscholastic athletics & HS JV pgm. $1.9 M • Eliminate MS/HS non -required Summer School $0.9 M April 24, 2012 -7 - CITY COUNCIL/SCHOOL BOARD JOINT WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) ITEM #61796(Continued) Based on the same information, the chart below provides the items that are not restored in the School Board's Proposed Budget. In addition, Summer School for Elementary age students will not be offered. Items NOT Restored to the SB Proposed Budget • Cut all non -personnel line item budgets by 2% $1.4 M (total of 10% over past 4 years .. Includes fuel/utilities) • Custodial Allocations (reduces 16 positions) $0.5 M • Permanent Substitutes $0.5 M • Central Office Positions (reduces positions) $0.4 M (eliminates one Ass't Supt and 3 other) • Professional Development $0.3 M • Travel $0.3 M • Ropes Course $0.2 M • Tuition Reimbursement $0.2 M Critical Unfunded Needs Full-day Kindergarten $11.6 Million Unified Scale Adjustment $6.8 Million April24, 2012 -8 - CITY COUNCIL/SCHOOL BOARD JOINT WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) ITEM #61796(Continued) General Assembly End Game VRS ❑Employee Pay Raise/Contribution • Phase-in = 1%-5% • Impact (benefits) $800,000 per 1% • Minimum $800,000/maximum $4 Million ❑Rate Increase • 6.33%> 11.66% • Impact = $25.1 Million ➢Additional Funds ❑Net $2.7 Million for additional assistance with retirement, inflation, and preschool costs The CIP has been reduced significantly. The Pay -As -You -Go program has been reduced to nothing and the State Lottery monies are no longer available for the Schools. CIP - Historical/Projected Funding April 24, 2012 -9 - CITY COUNCIL/SCHOOL BOARD JOINT WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) ITEM #61 796(Continued) Over the next six (6) years, the Schools will deliver three (3) new schools. This type of project, as well as purchase of buses, is where it is appropriate to use one-time monies. Capital Improvement Plan edem on epl en COnSada ii a tary.SCDOI e eats) Proposed Opening ( 2008-2009 CIP) Revised Opening (CvrrentclP) 2013 2014 2016 2016 2018-19 2015 TBD 2018 TBD 2015 TBD The chart below provides just a few of the School Board's concerns. If the City wants to have a quality education system, then it must be fully funded. Concerns >Adequate Restoration of Funds ❑ Formalizing request tonight via School Board Resolution On-going Revenue for On-going Expenses > Revenue-sharing Formula ❑ Use revised version to include all revenue streams ❑ All can share in success ➢ LumpSum Appropriation ❑ Stop penalizing good behavior ➢ Education as a Priority ❑ Continue collaboration versus conflict in budget end game April24, 2012 -10 - CITY COUNCIL/SCHOOL BOARD JOINT WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) ITEM #61796(Continued) The Mayor thanked Chairman Edwards and opened the discussion among the City Council and School Board Members. The Joint Workshop adjourned at 2:52 P.M. April 24, 2012 -11 - CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) PUBLIC LIBRARIES 3:00 P.M. ITEM #61797 The Mayor introduced Marcy Sims, Director — Libraries. Department of Public Libraries Budget Workshop April 24, 2012 Martha J. Sims, Director Ms. Sims advised the Department's FY2012-13 Budget increase is due to VRS, life insurance and health insurance costs as well as the opening of the new Joint Use Library with TCC. Department of Public Libraries Operating Budget FV12-13 moo; Chat7413 MEO Central Library $2,728, 299 52.5 $2,816,402 52.5 $88,103 3.2% 7 Area Libraries $6,045,239 117 $5,451,167 105 (S594,072) (9.8%) Joint Use Library $30,047 1 $1,535,974 49.5 $1,505,927 5012% Youth & Family $659,132 10 $751,625 12 $92,493 14% Public Law Library $277,800 2.5 $284,450 2.5 $6,650 2.4% Administration& $1,722,342 19.5 $1,815,903 20 $93,561 5.4% Records Mgmt. Materials Mgmt. & Technology Services $4,372,724 25 $5,028,138 24 $655,414 15.0% Total $15,835,583 227.5 $17,683,659 265.5 $1,848,076 11.7% April24, 2012 -12 - CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) PUBLIC LIBRARIES ITEM #61 797(Continued) FY 2012-13 Budget $284,450 $760,299 2% 4% 4111,16,638,910 94% $21338%22_. $284,94,50 $13,250,755 Budget by Fund • General Fund - Law Library R General Fund Revenue Budget by Expense Category 74.9% Personnel p Operations Books & Materials II Law Library Below are a few of the Department's Trends and Highlights FY 2012-13 Trends & Highlights Efficiencies: >Collection Management & Cataloging Services merger >Automated Materials Handling: Implementation Fall 2012 ➢Friends of the Library & Library Foundation Grants: $242,000 in FY2013 >Volunteers: 979 or 4 volunteers for every 1 staff Library Usage: >Circulation: 3.7 million; increase due to ebooks & other downloadables >Walk-in Visitors: 2 million >Virtual Visits: 2.7 million Citizen Satisfaction Survey: Ranked #1 at 98.9% April24, 2012 -13 - CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) PUBLIC LIBRARIES ITEM #61797(Continued) FY 2012-13 Trends & Highlights Key Strategic Initiatives: ➢ Create Young Readers ➢ Enhance Access to Local History & Family Resources ➢ Encourage Civic Engagement ➢ Help Residents Find Jobs ➢ Connect Citizens to the Online World TCC -City Joint Use Library Opening May 2013 TCC-Citv Joint Use Library South Rosemont Area Library* • 120,000 sq ft • 20,000 sq ft • 380 public computers • 29 public computers • 37 study rooms • 2 study rooms • Open 78 hours per week • Open 50 hours per week 83%/17% - state/city • 100% city funding • Academic & community • Traditional area library services including early services literacy service center *Original proposal 2004 April 24, 2012 -14 - CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) PUBLIC LIBRARIES ITEM #61797(Continued) April24, 2012 -15 - CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) TREASURER 3:18 P.M. ITEM #61798 The Mayor introduced John T Atkinson, Treasurer. City Treasurer City Treasurer FTE FY2012 Adjusted 72.83 72.83 FY13 Funding 71.83 ■ TRO Revenue 01 State Revenue Other Funds/Transfers CRY Funding -1.00 Mr. Atkinson stated the State Funding has been reduced significantly since 2009. 86,000,000 55,000,000 $4,000,000 53,000,000 $2,000,000 51,000,000 $0 City Treasurer Historical Funding 632009 FY2010 FY2011 Estimated - FY12 e City Funding Other Funds - PU 8 Resort State Revenue e Treasurer Revenue April 24, 2012 -16 - CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) TREASURER ITEM #61798(Continued) Below is a few of the Department's Initiatives and Highlights. City Treasurer City Treasurer Initiatives & Projected Highlights In FY11, a change in the implementation of Administrative Fees on delinquent accounts was implemented and expected to generate over $518,246 in revenues. The new policy implemented administrative fees at the time the bill requires any additional action on our part to collect. This compensates the city for the additional cost of collections. We met and exceeded our expectations in FY11, by 250% by collecting $1,360,402. Our FY12YTD Total is $1,020,427. Our FY13 Budgeted Revenue for Administrative fees is $1,250,000. Continued....... City Treasurer City Treasurer Initiatives & Projected Highlights Y In 2010, we began collecting and disbursing Restitution for the Courts. This collection source has generated revenue based on associated fees equaling $34K in FY11 and over $60K in FY12YTD. Y In 2011, we began collecting Delinquent Code Enforcement payments for Housing and Neighborhood Preservation, in which we receive 30% of the amount collected as well as an administrative fee. Our YTD total is $40K. Y March, 2012 we began a pilot program to collect for the Police Department's Delinquent Red Light fees. If program is successful, we will be collecting delinquent red light fees as well as an administrative fee upon delinquency. With less than a month of collections, we have collected $20K in gross revenue to the city. As seen in the above notations, this office continually strives to seek out collection opportunities within the city and state that will produce increased revenues for the City of Virginia Beach and reduce the Treasurer's Office overall cost to the general fund. April 24, 2012 -17 - CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) TREASURER ITEM #61798(Continued) City Treasurer's Authority to Collect The General Assembly has recognized the importance of the Treasurer's ability to efficiently and effectively collect taxes, and has enacted numerous administrative collection statutes to that end. Code of Virginia 558.1-3919 states 'The treasurer, after the due date of any tax or other charge collected by such treasurer, shall call upon each person chargeable with such tax who has not paid the same prior to that time..; and upon r y distress or otherwise..." orefusal "Thetwo key points highlightederson or above shallt to pay the same he abo a allows this office to proceedolleccollect to b any City Department levy through various avenues: — DMV Stops — Debt Set Off — Warrants — Bank Levies — Garnishment — Property Distress — Rent/Lease liens — Bill in Equity — Reminder Notice — Payment Offset — Administrative Summons City Treasurer's Ability to Collect Below is a list of not only delinquenttaxes but other delinquent fees and invoices currently being billed and collected by my office. • Current Delinquent Collections using Treasurer's Authority to Collect: • Real Estate Taxes » Personal Property Taxes » Trustee Tax » Public Utilities » Neighborhood Code Enforcement Fees » Fire re -inspection Fees » False Alarms - » City Invoices O School Board Invoices » Section 8 Housing » Code Enforcement - Housing » Return Checks » Parking Tickets O DUI Fees » Court Ordered Restitution o Delinquent Red Light Fines - April24, 2012 -18 - CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) TREASURER ITEM #61798(Continued) City Treasurer Other Services Provided Current services provided, continued: • Respond to Citizen Inquires • Operate satellite offices to provide services for the convenience of citizens City Mandate • Receive and report rabies data from all Virginia Beach Veterinarians • Collect & Coordinate Auctions of City surplus goods • Recording, Accounting, & Reconciliation • Reporting & Record Maintenance • Process/Test Revisions (RAGS) • Exonerations & Adjustments • Process Refunds • Bankruptcies • Issue & Manage DMV Blocks • Coordinate City's Set -Off Debt Collections with Va. Dept. of Taxation • Invest idle funds while meeting the City's Cash Flow needs • Issue Resort Residential Parking Passes & Decals • Issue Cigarette Stamps • Analyze, Develop, Modify, and Maintain Treasurer's Automated Systems April24, 2012 -19 - CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) COMIT 3:18 P.M. ITEM #61799 The Mayor introduced Mick Vollmer, Acting- Director — COMIT. Communications and Information Technology Budget Workshop April 24, 2012 Mick Vollmer Mr. Vollmer stated the Department's FY2012-13 General Fund Program Operating Budget increase is due to VRS, life insurance and health insurance costs. Communications and Information Technology Operating Budget GENERAL FUND PROGRAM UNITS Applications Support Systems Support Telecommunications General Fund $ 7,216,033 8,146,027 1,187,454 8 1,159,303 8: 49 $ 7,405,384 A 50 $ 189,351 2.6% 44 7,705,872 41 (440,155) -5.4% Geospatial 1,804,980 Information Services Multimedia. Services 1,460,311 (28,151) -2.3% 18 2,020,661 19 215,681 11.9% 175 1,436,430 165 (23,881) -1.6% Business Center & 870,936 14 1,118,332 Mail Technology Services 1,857,940 15 1,888,119 15 16 247,396 28.4% 30,179 1.6% General Fund Total $22,543,681 165.5 $22,734,101 165.5 $190,420 .84% April 24, 2012 -20 - CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) COMIT ITEM #61799(Continued) Mr. Vollmer stated the Department's FY2012-13 Internal Service Fund Units Operating Budget increase is due to a rise in costs of goods. Communications and Information Technology Operating Budget INTERNALSERVICE FUND UNITS City/Schools Printing $ 2,377,654 6 $ 2,332,788 6 $ (44,866) Capital Project ISF 202,170 2 197,364 2 (4,806) Subscriptions 3,509,495 3,604,873 - 95,378 Telecommunications 2,722,235 10 3,255,092 10 532,857 Internal Service Fund ISF Total $8,811,554 18 $9,390,117 18 $578,563 DEPARTMENT TOTAL $31,355,235 183.5 $32,124,218 183.5 $768,98.3 d -1.9% -2.4% 2.7% 19.6% 6.6% 2.5% FY 2012-13 Budget 1196 Budget by Fund 111 General Fund • Capital Projects ISF Subscriptions ISE Print Shop ISF III Telecomm ISF Budget by Expense Category Personnel 0 Operations • Capital It Transfers April 24, 2012 -21 - CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) COMIT ITEM #61799(Continued) Below is a few of the Department's Significant Issues for FY2012-2013. Two of the three projects have zero funding after the next year's fiscal budget and is a major concern. Communications and Information Technology 2012-13 Core Information Technology Projects Communications Projects (Public Safety) 2 1.5 1 0.5 0 FY11 FY13 FY18 Customer Agency Major Projects 8 6 2 4 2 FY11 FY13 FY18 15 f 10 5 0 FY11 FY13 FY18 Need a Funding Strategy for Future Technology Maintenance, Replacement and Modernization Below is a few of the Department's Trends and Highlights for FY2012-2013. Communications and Information Technology 7017-13 Trend and Highlights FY12/13 Department Efficiencies Automated components of the Computer Replacement program eliminating2 FTEs at $1.58,000 annually r Eliminate applications and drop associated maintenance costs eliminating $102,000 annually r Outsourced mainframe operations to a hosted provider: Avoided > $700,000 to replace the Mainframe Avoided >$200,000 to upgrade the Operating System Eliminated $77,000 in annual operating costs Reduced contracted manpower for service divisions by $66,000 annually Created $400,000 of recurring annual savings and avoided $900,000 in one time costs. April 24, 2012 -22 - CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) COMIT ITEM #61 799(Continued) Communications and Information Technology 2012-13Trends an and Highlights Government: IT Employeesas %ot Total Employees Government: IT Spend Per Employee City of Virginia Beech vs Gert erIT Key Metria Below are the Department's Critical Services Not Funded for FY2012-2013. Communications and Information Technology FY2012-13 Critical Services Not Funded • Public Safety after hours support for applications and databases (Stand-by $167,948) ▪ Operating expenses for approved CIP requests (GIS: MAR, Base Map) (1 FTE $141,671) r Additional staff member to handle the increased requests for information security investigations (Police, City Attorney, Office of the City Auditor) (1 FTE $102,226) e Additional staff member to manage enterprise content and to review and recommend departmental content on VBgov.com (1 FTE $78,421) April 24, 2012 -23 - CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) COMIT ITEM #61799(Continued) Communications and Information Technology FY2012-13 City/Schools Printing Services r Outsourced Service Model Experienced and high quality local vendor Onsite vendor support and customer service Reduced customer cost for each print job; initial estimates reduce costs by 50%for reprographics and 30% for all other print jobs Provides for consolidated billing reducing administrative tasks Significantly reduced fixed costs for service r Eliminates the requirement to rent, repair or replacement printing equipment Does not impact printing of water bills and paychecks r Does not impact city multifunction printers but will reduce customer costs for machine leases April 24, 2012 -24 - CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) HUMAN RESOURCES 4:01 P.M. ITEM #61800 The Mayor introduced Regina Hilliard, Director — Human Resources. Human Resources Budget Workshop April 24, 2012 Regina Hilliard Ms. Hilliard stated the Department had undergone a restructure due to recent reduction of FTE's. The Department's FY2012-13 Budget increase is due to VRS, life insurance and health insurance costs. Human Resources' Operating Budget FY 11-12 Amended Propose Director's Office $ 735,897 8.0 $ 361,716 3.0 $ (374,181) (50.1%) Employee $417,478 5.0 $586,707 7.0 $169,229 40.5% Relations Staffing and Compensation $1,157,834 15.0 $1,220,147 16.0 $62,313 5.4% Services Learning & $575,031 5.0 $748,509 7.0 $173,478 30.2% Development H R Police $ 92,244 1.0 $ 97,462 1.0 $5,218 5.7% Services Member $108,476 1.0 $110,641 1.0 $2,165 2.0% Communications Human Rights $67,221 1.0 $69,524 1.0 $2,303 3.4% Commission April 24, 2012 -25 - CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) HUMAN RESOURCES ITEM #61800(Continued) Ms. Hilliard stated that the Department generates a small amount of revenue from advertisements in the BEAM which makes the publication self-supporting. Human Resources' Operating Budget Occupational Safety Occupational Health Total $251,919 3.0 $249,944 3.0 $ (1,975) (0.8%) $864,134 8.0 $847,159 8.0 $ (16,975) (2.0%) $4,270,234 47.0 $4,291,809 47.0 $21,575 0.5% Budget by Fund Budget by Expense Category Personnel o Operations The Department lost 19% of their employees and had to restructure to address needs. Related functions have been moved together for easier exchange of information. The Department enrolled in the Driver Alert Program whereby DMV alerts the City when an employee's license is suspended, revoked or restricted. The transactions have been cut by 1/31d. Human Resources Highlights - Accomplishments Efficiency Enhancements Restructure of Human Resources Bench Strength Complexity of Mandated Programs and Related Issues (e.g., FLSA, ADA/FML/EEO) Driver Alert Program Citywide Performance Management Training Citywide Training Needs Assessment - Mid -Management Development Course April 24, 2012 -26 - CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) HUMAN RESOURCES ITEM #61800(Continued) The Department implemented Performance Management training that allows managers to focus on behavior that effects productivity. This has gone extremely well and the first class (19 members) recently graduated. Human Resources Highlights - Upcoming Initiatives r' Quality of Work Life Member Survey Review of Compensation Program Components - Cultural Assessment vBWellnessforLife Partnership Tuition Reimbursement continues to be unfunded and is a concern of the Director. Human Resources Conclusion p Department Restructuring Concerns with responsiveness for consultation Concerns with ability to initiate/complete needed projects r Unfunded non -departmental program: Tuition Reimbursement, $436,968 April24, 2012 -27 - CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) FINANCE 4:22 P.M. ITEM #61801 The Mayor introduced Patti Phillips, Director — Finance. Finance Department Budget Workshop April 24, 2012 Patti Philips, Director M. Phillips advised the Department has eliminated 20 positions since 1990. In the last six (6) years, the Department has had 185% turnover in staff accountants. Internal controls are more critical and complex as complexity increases. Finance Operating Budget General Fund 4,762,402 47 4,939,761 47 $ 177,359 3.7% Risk Mgt -- Internal Service 11,528,230 7.0 11,071,818 7.0 ($456,412) (4.0%) Fund Cap Project Internal Service 58,578 1.0 164,434 2.0 $ 105,856 180.7% Fund Total $16,349,210 55.0 $16,176,013 56.0 ($ 173,197) (1.1%) April 24, 2012 -28 - CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) FINANCE ITEM #61801(Continued) Finance Programs Director's Office 695,178 6 700,348 6 5,170 0.7% Comptroller 1,507,816 19 1,681,426 20 173,610 11.5% Payroll 665,300 9 713,978 9 48,678 7.3% Purchasing 1,090,338 13 1,145,037 13 54,699 5.0% > UCI 58,578 1 83,749 1 25,171 43.0% Local Vehicle Reg. 803,770 - 779,657 - (24,113) (3.0%) Risk Management 11,528,230 7 11,071,818 7 (456,412) (4.0%) Total $16,349,210 55.0 $16,176,013 56.0 ($173,197) (1.1%) FY 2012-13 Budget $164,434 1.0% CP General Fund ▪ Risk Management Fund • Capital Project Fund Budget by Expense Category Budget by Fund $779,657 $358,412 4.8% LVR 2.2% Ops Pesonnel Insurance & Claims Operations • Local Vehicle Registration April24, 2012 -29 - CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) FINANCE ITEM #61801(Continued) Finance Significant Issues ➢ Since 1990, 26% decrease in staffing and eliminated 20 positions. ➢ In the last six years, 185% turnover in staff accountants. 71% turnover in Risk Management. Payroll has had 88% turnover. ➢ Each year, new priorities require resources for large scale procurements, paying vendors, insurance, payroll or fiscal audits from IRS, federal and state agencies. Growth in demand exceeds available resources. ➢ Internal controls are more critical as complexity increases. The Department has maintained AAA Bond Rating from all three major rating services. Finance Department FY 2011-12 Trends & Highlights D AAA Bond Rating from all three major rating services. Superior financial management cited as a primary reason for the rating. D Bonds issued In April 2012: $65 M GO Bonds at 2.85%; $19.63 M GO Refunding bonds at 2.41% - interest savings of $3.1 Million D Process Improvements: debt and report processes; dept. journals, grant management/ close etc; written procedures and policies D Systems: Financial/Process Expertise provided for Release 12 Upgrade to Oracle Application, BRAC Billing and Financial Contract Monitoring D Controls: Focus on department guidance & training on internal controls, standard processes, payroll, reporting and purchasing D Disaster Recovery: Led process for FEMA and VDEM reimbursements D Analysis: Participation on Economic Development Projects April 24, 2012 1 -30- CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) FINANCE ITEM #61801(Continued) Finance Department FY 2012-13 Plans ➢ VRS: 2012 General Assembly Changes on VRS Funding and VRS Modernization Pilot technology project ➢ Payroll: Evaluate Payroll bi-weekly, arrears technology project ➢ Disability: Manage job-related disability retirements & Return to Work Program ➢ Transparency: Continue to simplify revenue and CIP accounting and reporting ➢ Financial analysis/financing: alternatives for potential economic projects ➢ Bonds: General Obligation, Public Facility Bond Sale, Water & Sewer and Storm Water Bond Sales ➢ Self Insurance: Cost allocation for risk management charges ➢ Minority and Small Business: Implement the Small Business Enhancement Program and strengthen minority contracting efforts ➢ Financial Assessment: Focus on Assessment and Performance Review The Department has a number of future needs. A few are identified below: Future Needs >On-going IRS requirement for vendor withholding process and documentation ➢Future System investment for enterprise financial technology such as: >CAFR Reporting Software, >AP workflow and document management, Business Intelligence and Analytics, >Electronic Vendor Catalogs & E -Vendor software April24, 2012 -31 - CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) FINANCE ITEM #61801(Continued) Key Debt Ratios Fiscal Year Ended June 30 Overall Net Debt (millions) Net Debt Per Capita Net Debt/Full Value Per Capita Debt/ Per Capita Income Debt Service to Gen.Govt Expenditures * Projected $988.0 $1,001.9 $1,014.9 $1,023.3 Less than $2,256 $2,271 $2,292 $2,304 $2,800 Less than 3.5% 1.8% 1.9% 2.0% 2.1% Less than 6.5% 5.0% 5.0%* 5.1%* 5.1%* Less than 10•% 8.4% 8.5% 8.8% 9.0% Summary of Outstanding Indebtedness at June 30 lin millions) Projected Projected pescrintion FY10 FY11 FY12 FY13 General Obligation Bonds Schools $ 313.9 $ 322.1 $ 317.9 $ 314.5 General Government 327.9 356.5 362.9 374.7 Public Facility Rev Bonds 339.7 317.8 329.5 330.5 Leases and Other Debt 6.5 5.5 4.6 3.6 Agriculture Reserve Prgm 32.1 38.4 38.8 40.0 Revenue Bonds Water & Sewer 185.0 179.2 172.2 192.0 Stormwater 9_0 28.3 26.9 25.6 Total Debt 1,214.1 1,247.8 1,252.8 1,280.9 Less: Rev/Other Support 226.1 245.9 237.9 257.6 Net Tax Supported Debt $ 988.0 $1,001.9 $1,014.9 $ 1,023.3 April 24, 2012 -32 - CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) FINANCE ITEM #61801(Continued) Conclusions Strive to present financial information in clear and transparent way to City Councils, Citizens and Bond Holders. Finance represents Critical Infrastructure (in addition to Programs). Managing financial processes protects the City. Address challenges to implement technology improvements efficiently while controlling technology fraud, ensuring security and safeguarding city financial data. Continue financial best practices critical to streamline major financial processes, reduce waste, ensure internal controls and deter fraud. April24, 2012 -33 - CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) REAL ESTATE ASSESSOR 4:48 P.M. ITEM #61802 The Mayor introduced Jerald D. Banagan, Real Estate Assessor. Real Estate Assessor Budget Workshop April 24, 2012 Jerald D. Banagan Mr. Banagan stated the increase in the Department's Budget is due to increase in VRS, life insurance and health insurance. Real Estate Assessor Operating Budget Real Estate Assessor $2,984,324 34 $3,175,280 36 $190,956 6.4% Total $2,984,324 34 $3,175,280 36 $190,956 6.4% April 24, 2012 -34 - CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) REAL ESTATE ASSESSOR ITEM #61802(Continued) The Department is 100% funded by the General Fund with the Operating Budget consisting of only 7.4%. FY 2012-13 Budget ■ General Fund Budget by Expense Category Budget by Fund $236,058 7.4% 0.1% $z,390 Personnel 0 Operations Capital.. Mr. Banagan is requesting two additional staff to assist in the Senior Citizen/Disabled Real Estate Tax Relief Program. Real Estate Assessor FY 2012-13 Trends & Highlights ➢ Additional staff is requested to administer the Senior Citizen/Disabled Person Real Estate Tax Relief Program and the new Disabled Veterans Program. Participation in the program is expected to increase as baby boomers turn 65 years of age. ➢ Compared to the other Hampton Roads cities, we have the lowest cost per taxable parcel and one of the highest parcel count per appraiser. Maintaining existing appraisal staff is essential. April24, 2012 1 -35- CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) REAL ESTATE ASSESSOR ITEM #61802(Continued) 9,000 8,000 7,000 2 6,000 5,000 ¢ 4,000 3,000 2,000 1,000 0 Real Estate Tax Relief Exemption/Freeze/Deferral OO O1 Off' Oma' OP C O6 01 0% OC '11' titi ti� Fiscal Year --4- Recipients —Dollar Value $18,000,000 $16,000,000 $14,000,000 $12,000,000 $10,000,000 $8,000,000 56,000,000 54,000,000 $2,000,000 50 0 Hampton Roads Real Estate Assessment Offices Appraisals 7,067 5,041 5,235 per Appraiser Costper 519.20 $28.32 $29.27 $22.97 $34.49 523.55 $33.62 Taxable Parcel 8,614 4,719 3,601 3,967 April24, 2012 -36 - CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) GENERAL REGISTRAR 4:55 P.M. ITEM #61803 The Mayor introduced Donna Patterson, Director — General Registrar. General Registrar Budget Workshop April 24, 2012 Donna Patterson, Director Dr. Patterson stated the Department is responsible for voter registration and elections in the City of Virginia Beach. Currently, there are eleven (11) FTE's and one (1) part time employee. The increase in budget is due to the 2012 Presidential Election. In 2008, the City had 288,141 registered voters, of which 70.08% voted. As of April 2, 2012, there are 290,059 registered voters. General Registrar Operating Budget -12 Pr 2-13 Change FY mended to FY r d Total Budget 1,127,977 12.03 1,378,340 12.03 April24, 2012 -37 - CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) GENERAL REGISTRAR ITEM #61803(Continued) The Department's Budget is mainly funded by the General Fund. FY 2012-13 Budget $1,300,325 o General Fund State Revenue Budget by Expense Category Budget by Revenue Source Personnel a Operations Dr. Patterson advised the State Revenue for the upcoming fiscal year is anticipated to be $78, 015. In the 2008 Election, the General Registrar utilized 2,304 volunteer hours. Also, there were 981 part-time hours, 2,798 staff overtime hours and 222 overtime hours by the General Registrar. General Registrar's Significant Issues Anticipated state revenue is declining r Staffing for the Election Adequate space needed to conduct Election April 24, 2012 -38 - CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) GENERAL REGISTRAR ITEM #61803(Continued) General Registrar FY 2012-13 Trends & Highlights r Possible new precincts due to Presidential Election r Electronic Pollbooks p Establishing SharePoint site and facebook page Y Student Page program continues to grow: 95 Student Pages used in November 2011 Absentee Ballots increased from 11,337 in 2004 to 26,232 in 2008 Election and are expected to increase this election year. Conclusions Voter Registration and Elections •2012 Presidential Election is expected to as big if not bigger than 2008 •Anticipating large absentee voter turnout as well as a high number of provisional ballots cast -Temporary workers as well as Election Officials needed for the Election are crucial CITY COUNCIL WORKSHOP April 24, 2012 -39- FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) CITY ATTORNEY 5:12 P.M. ITEM #61804 The Mayor introduced Mark D. Stiles, City Attorney. Mr. Stiles stated, as with other departments, the budget increase is due to VRS, rising costs of life insurance and health insurance. City Attorney Operating Budget Total Expenditures $ 3,670,409 39.61 $ 3,819,468 39.61 $ 149,059 4.06% April 24, 2012 -40 - CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) CITY ATTORNEY ITEM #61804(Continued) The Department's expenses are almost exclusively personnel driven. Over 96% of the budget is personnel. Currently, the Department has 39.61 authorized positions with no vacancies. The staff has been reduced by 3.5 positions since FY2010. The Department is funded by the General Fund. The Department has a travel and training budget for $21, 000 that includes mandatory certifications. An additional $10,363 for dues and memberships including state bar, local bar and LGA of Virginia. FY 2012-13 Budget Budget by Expense Category Personnel at Operations The below provides a list of the City Attorney's Significant Issues. City Attorney Significant Issues - Provide legal advice and support to the City Council, City Departments and 38 Council Appointed Boards and Commissions • 191 ordinances/resolutions drafted in FY11 > 17 municipal legal opinions issued in FY11 > 25 COIA opinions issued in FY11 > Defend and prosecute all civil litigation involving the City, its officials, employees and volunteers • 279 pending litigation matters Y Provide court support and legal advocacy for Department of Social Services in protecting at risk children and the elderly > 1,475 ongoing child abuse & neglect cases 21 pending adult protective services cases Y Provide legal support for BRAC acquisition program/other real estate acquisitions Y FOIA Office > 565 FOIA Requests/ 32,000 pages of documents produced in FY11 Y 3.5 FTEs dedicated to School Division CITY COUNCIL WORKSHOP April 24, 2012 -41- FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) CITY ATTORNEY ITEM #61804(Continued) The chart below provides a list of the City Attorney's Critical Issues. City Attorney Critical Issues ➢ CAO provides or manages about 40,000 legal service hours per year > Cost per legal service hour (FY '2011): $99 > Percentage of total legal services provided in house: 99% ➢ Outside counsel utilization: > Conflict of interest ' Highly specialized area of law > Demand exceeds available attorney resources ➢ Average cost of legal services provided by outside counsel: greater than $350/hour 51,800,000 51,600.000 51,200.000 51,000,000 5600,000 $000,000 5000,000 Outside Counsel Fees by Year 511],657 WOO Fr01 reox wo3 Grua FY•05 FY'06 Fr07 Fv08 FVO0 mO Fry April 24, 2012 -42 - CITY COUNCIL WORKSHOP FY2012-2013 RESOURCE MANAGEMENT PLAN (Budget) CITY ATTORNEY ITEM #61804(Continued) City Attorney FY 2012-13 Trends & Highlights ➢ Proposed budget allows CAO to maintain existing service levels ➢ Expect increased demand for real estate acquisitions ➢ May wish to explore contract paralegal or attorney to assist with acquisition relating to current CIP projects ➢ Hourly rates for outside counsel will continue to rise ➢ Emphasis remains on attracting, training and retaining high quality attorneys and staff so as to minimize outside counsel utilization April 24, 2012 -43 - CITY COUNCIL COMMENTS 5:12.M. ITEM #61805 There were no City Council Comments April 24, 2012 -44 - AGENDA REVIEW SESSION 5:13 P.M. ITEM #61806 BY CONSENSUS, the following shall compose the CONSENT AGENDA: L. ORDINANCES/RESOLUTIONS 1. Ordinance to GRANT Franchise Agreements for Open Air Cafes in the Resort Area a. One-year Franchise Manhattan's Restaurant Cafe Shoreline Grill Cafe Shoreline Grill Cafe Cabanas Seaside Bar & Grille b. Five-year Renewals 22"d Street Raw Bar 23rd Street Cafe Abbey Road Little Feets Luna Sea Shoreline Grill Mahi Mah's Shoreline Grill Mahi Mah's Neptune 's Laverne 's Timbuktu Barclay Towers Dough Boy's Four Sails Dough Boy's Calypso Bar & Grill Oceanhouse Waterhouse 2. Ordinance to ESTABLISH a Capital Budget, ACCEPT and APPROPRIATE $482,000 from the Economic Development Access Fund and $354,000 from the property developer re "Progress Lane Extension" 3. Ordinance to increase APPROPRIATIONS of $2,400,000 to the Fuels Internal Service Fund and $1,600,000 to the City Garage Internal Service Fund to address additional needs for cost -of -goods -sold 4. Resolution to REQUEST the Circuit Court to order a Referendum Election be conducted in accordance with Code of Virginia, Sections 24.2-682 and 24.2-684, to be held on November 6, 2012, re "supporting the financing and development of The Tide Light Rail into Virginia Beach" 5. Resolution that City Council REQUEST the General Assembly AMEND the City's Charter to provide for the Election of City Council Members who represent each of the City's seven (7) Residence Districts only by the voters who reside in the respective Residence Districts as opposed to the current system of At Large Voting April 24, 2012 -45 - AGENDA REVIEW SESSION ITEM #61806(Continued) Councilman Uhrin will ABSTAIN on Item L.1 Laverne's and Barclay Towers Item L.4 will be considered separately as there are speakers registered. Item L.5 will be considered separately as there are speakers registered. April 24, 2012 -46- A GENDA REVIEW SESSION ITEM #61807 BY CONSENSUS, the following shall compose the PLANNING BY CONSENTAGENDA: J. PLANNING 1. Application of 1168 ASSOCIATES, LLC. for the closure of an unimproved portion of First Colonial Road and Mill Dam Court to incorporate the closed area into their adjoining parcel DISTRICT 5 - LYNNHAVEN 2. Application of OCEAN RENTAL PROPERTIES, LLC for an enlargement of a Non -Conforming Use at 403 16`x' Street re single family dwellings on one lotDISTRICT 6 - BEACH 3. Application of ERNEST D. PARRISH/LYNNHAVEN COLONY SHOPS for a Conditional Use Permit re truck and trailer vehicle rentals at 2973 Shore Drive. DISTRICT 5 - LYNNHAVEN 4. Application of SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERAL HOME, INC. for a Conditional Change of Zoning from AG -1 and AG -2 Agricultural to Conditional B-2 Community Business and 1-1 Light Industrial at Princess Anne and Dam Neck Roads re retail and office use DISTRICT 7 - PRINCESS ANNE 5. Application of PRINCESS ANNE, H & R RE, LP./SOUTHGATE COMMONS, LLC. for a Conditional Use Permit re a rehabilitation facility (Convalescent Home) at Princess Anne and Dam Neck Road. DISTRICT 7 - PRINCESS ANNE 6. Application of BAYLAKE UNITED METHODIST CHURCH for a Conditional Use Permit re a child care center at 4300 Shore Drive. DISTRICT 4 - BAYSIDE 7. Applications of 1792 PRINCESS ANNE ROAD, L.L.C. at Princess Anne and Indian River Roads. DISTRICT 7 - PRINCESS ANNE a. Conditional Change of Zoning from B-2 Community business and AG -2 Agricultural to Conditional B-2 Community Business b. Conditional Use Permit re an auto service station 8. Application of KROLL ENTERPRISES, INC./N & K PROPERTIES, LLC AND B & W PROPERTY DEVELOPMENT, LLC for a Change of Zoning District Classification from AG -1 Agricultural, AG -2 Agricultural, R-15 Residential and B -1 Neighborhood Business to Conditional R-7.5 Residential at Nimmo Parkway and Camino Real South re family dwellings on fee -simple lots DISTRICT 7 - PRINCESS ANNE April 24, 2012 -47- A GENDA REVIEW SESSION ITEM #61807(Continued) 9. Ordinances to AMEND the City Zoning Ordinance: a. Sections 111 and 1804 defining "Indoor Play Centers" and designating such use as "incompatible" in the Clear Zone and Accident Potential Zone -1 (APZ-1); re -designating certain manufacturing uses as "compatible" in the greater than 75 dB DNL Noise Zone and in Accident Potential Zones 1 and 2; and, ADDING "Religious Uses" to Tables 1 and 2 of Section 1804 b. Section 1810 re design features for structures in APZ-1 10. Ordinance to AMEND the Comprehensive Plan re the March 2012 Lynnhaven Strategic Growth Area Master Plan and revising the Policy Document Item #J.2 will be DEFERRED to May 8, 2012. Vice Mayor Jones will ABSTAIN ON Item # J.4 and J.5 Item # J.6 will be considered separately as there are speakers registered. Item # J.7a/b will be considered separately as there are speakers registered. Item No. J.8 will be DEFERRED INDEFINATELY. Councilman Moss will vote verbal NAY on Item # J.10 with a comment. April24, 2012 -48- ITEM#61808 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY -HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly -held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of City Property: Bayside District April 24, 2012 -49- ITEM#61808 (Continued) Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 5:23 P.M. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Voting Nay: None Council Members Absent: None (Closed Session: 5:23 P.M. 5:55 P.M.) April 24, 2012 -50 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL APRIL 24, 2012 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, April 24, 2012, at 6:00 P.M. Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Absent: None INVOCATION: Father John Manuel St. Nicholas Greek Orthodox PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to thoroughly review each City Council agenda to idents any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. April24, 2012 -51 - Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial ") purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Dixon Hughes Goodman and is directly and indirectly involved in many of Dixon Hughes Goodman's transactions. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 10, 2012, is hereby made 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 January 27, 2004, is hereby made a part of the record. April24, 2012 Item -VI-E CERTIFICATION -52- ITEM #61809 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April24, 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 #618008 Page 48, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. h Hodges Fraser, MMC City Clerk April 24, 2012 Item -VI-F MINUTES -53- ITEM #61810 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council DEFFERED to May 8, 2012, the APPROVAL of the MINUTES for the INFORMAL and FORMAL SESSIONS of April 10, 2012. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 24, 2012 Item -VI-G MAYOR'S PRESENTATION -54- ITEM #61811 Mayor Sessoms introduced Dennis Free, Virginia Beach Sheriff's Office, Chief Kevin L. Wright, Chesapeake Police Department and Marc Stedman, James City County Police Department, and presented a Resolution declaring April 24, 2012, LAW ENFORCEMENT DAY recognizing Law Enforcement United. Deputy Free thanked the City Council for their continued support of Law Enforcement. Corporal Stedman thanked Sheriff Stolle, Chief Wright and the City Council for all they do and their continued support of Law Enforcement. The organization honors the dedicated, unselfish service and sacrifices of those Officers who gave their lives in the line of duty as well as support to and for their survivors. The organization relies on charitable donations to support their annual "Road to Hope ", an approximately 250 mile bicycle ride from Chesapeake, Virginia, to Washington, D.C. Mayor Sessoms thanked each of the representatives for their attendance and for all that they do. April 24, 2012 Item -VI-I.1 PUBLIC HEARING -55- ITEM #61812 Mayor Sessoms DECLARED A PUBLIC HEARING: CAFE FRANCHISE LEASES OF CITY OWNED PROPERTY There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. April 24, 2012 -56 - Item -VI-K.1 PUBLIC HEARING ITEM #61813 Mayor Sessoms DECLARED A PUBLIC HEARING: FY2012-2013 RESOURCE MANAGEMENT PLAN Dominic Melito — President of Virginia Beach Education Association. Mr. Melito stated the proposed cuts to the Schools' Budget means increased class sizes, which means fewer teachers. If the Schools eliminate Academy programs and JV sports, fewer families will want to move to Virginia Beach. A well funded School system is what is best for the City. Glenn Morrill, 1025 Emporia Avenue, Phone: 718-1083, is an employee at Schools' HVAC Plant. Mr. Morrill stated the important point to remember is that the citizens are the stakeholders. Families have been enduring hard economic times. The failure to fully fund the Schools' budget has caused many School employees to take second jobs. Fully funding the Schools' Budget ensures quality of life. The Schools are a great economic development. Be strong, lead by example and fully fund the Schools. William Bailey, 644 Edwin Drive, Phone: 288-5761, President of the Virginia Beach Professional Firefighters. Mr. Bailey requested all Police or Fire employs in the audience stand in support. Mr. Bailey stated the reality is putting off VRS payments and pay raises only costs the City more. Mr. Bailey encourages the City Council to reject the POS Healthcare changes. Former Councilman Linwood Branch stated the total decline is expected to rise to $66.5 -Million. By 2015, there will be no funding from the State level. The investment the Council has made in the past has made the City be the one of the top five (5) School systems and be one of the safest cities in America. The Reserve Funding and financial policies have helped the City retain the AAA Bond Rating. The City has a lot of good things going on with the majority of citizens enjoying their quality of life. When real estate was flourishing, City Council lowered the real estate taxes. It is time to raise the real estate taxes during these difficult times in order to continue to move forward and flourish. Renee Brandt, 109 Binnacle Court, Elizabeth City, NC, Phone: 619-5398, is a teacher at First Colonial High School and supports the School Board's proposed Budget. The Schools have gone three (3) years without pay raises. The Legal Studies Academy attracts students from all over the City and without transportation those students will not be able to attend. Tuck Bowie, Chair of the Virginia Beach Chamber of Commerce. Mr. Bowie is concerned about the critical issues and the number of expenses changes. The City must continue to strive to be one of the best cities in the world. Ted Howard, 1892 Grunnel Court, Phone: 343-3583, stated he would support a raise in the real estate tax but the School system needs to be supportive. Mr. Howard suggests the City take a look at the budget and see if there is money that can be cut and given to Schools. Amelia Ross -Hammond , 1008 Spindle Crossing, Phone: 363-1629 is an educator. Ms. Ross -Hammond stated she has been a teacher for 25+ years and urges City Council to fully fund the Schools. She suggested initiating an advisory council to provide transparency. The City must attract new businesses and the quality of public schools attracts businesses to the City. The future relies on the bright minds of the youth. One of the major budget driver's is tourism. An educated workforce is the future of this City. Debbie Aardahl, 2033 Schubert, Phone: 430-1206, stated that the Navy brought her family to Virginia Beach and it is a wonderful place to raise a family. Ms. Aardahl is a Kindergarten teacher at Lynnhaven Elementary and her job is extremely challenging each year. She received $25.00 to purchase supplies April24, 2012 -57 - Item -VI -K.1 PUBLIC HEARING ITEM #61813(Continued) this year. Health care costs are taking a huge increase and the possibility of having to take furlough days are looming. Please focus on core services first, and tax increases should be made only after all efforts are exhausted. Dale Merkey, 3108 Gallahad Drive, Phone: 721-5277, stated he appreciates the job Councilmen DeSteph, Dyer and Moss for doing a good job at trying to keep real estate taxes down. Paul Lankford, 1075 Red Oak Road, Phone: 463-6282, is the President of Friends of Virginia Beach Historic Houses. He stated he and his wife have taught 80 combined years for the City and they volunteer with the Historic Homes and appreciates the recent approval of the additional staff. There are numerous needs that need to be addressed regarding the historic homes in our city. Angela Brandal, 5401 Larissa Court, Phone: 775-8199 is a resident and PTA parent at ODC and Fairfield Elementary. She requested City Council to please vote no for the proposed budget. She feels it is time for the City to cut spending, not the Schools. Since 2008, the Schools budget has been cut each year while the City's budget has increased each year. Barbara Powell, 1089 Sandy Narrows Court, Phone: 478-7929, is a teacher's assistant at Hermitage Elementary and is in her 19th year. She stated her gross income is just over $19 -Thousand. School employees cannot afford higher health care costs. Please fully fund the Schools' budget. Diane Gillespie, 710 Winston Salem, Phone: 437-1422, requested real estate taxes not be reduced. She is helping subsidize her children's college education. Ms. Gillespie is fine with using funds to attract businesses to the City, but teachers have not had raises for far too long. The reductions are not fair to the next generation. Take care offamily first, i.e. student and employees of Schools Max Gonano, 1877 Haverhill Drive, Phone: 642-3776, is a Virginia Beach Fire Fighter. He stated no one took this job to get rich. Employees have seen very little pay raises since 2006. Andrew Jackson, 153 Upperville Road, Phone: 472-0901, stated that over the years the "good ole boy" system is evident. City Council Members go through the motion but must have earplugs. Some Council Members don't look up or pay attention when citizens are speaking and everyone is past the blame game. You are asking the Schools to do the dirty work for you and ask for tax increases. Brad Martin, 2305 Bayville, Phone: 574-5454 requested three positions in items requested be funded for the Virginia Beach Historic Houses. We should be proud of the City's standards. Jennifer Saunders, 3813 Thalia Drive, Phone: 631-2585 is a teacher. She stated she teaches her students to always have a savings account, be creative when coming up with ways to save money. Please make the best economic choice. Please restore the Schools' budget to the highest standard. Marleyne Castelluzzo, 5189 Strafford Chase Drive, Phone: 474-4346, stated the Virginia Beach Education Association is not in favor of raising taxes. She stated citizens are expected to leave their second job to come and speak before Council — just to be ignored. She feels the City Manager is irresponsible and diverts monies to special interests groups. Joe Sanderlin, 398 South Newtown Road, Phone: 490-2512, stated he is a Senior Citizen and requested the City cut costs, stop spending and get "our house" in order. Kelly Walker, 2337 Tierra Monte Arch, Phone: 569-5418, has been a teacher for 20 years. Ms. Walker stated the School Board has done its job and cut their budget. The issue at hand is more than just fully April24, 2012 -58 - Item -VI-K.1 PUBLIC HEARING ITEM #61813(Continued) funding the Schools, it is the responsibility of the government to provide a quality lifestyle to the citizens and the first step in achieving this is by fully funding the School's Budget. Bll Goff, 4808 Luxford Circle, Phone: 692-8734, is a Specialist in Gifted Education. The School System strives towards excellence and Virginia Beach has an excellent School System winning numerous National Awards. Please do not turn away from excellence. Adrian Hayes, 1170 Selwood Drive, Phone: 474-2246, stated she would rather be home with her family but instead she is attending their meeting and requesting the School's Budget be fully funded as it matters to her. Ms. Hayes sees what the budget erosion is doing to the students in the classroom. Please fully fund the Schools ' Budget. Shelly Jones, 2504 Pinto Drive, Phone: 471-3418, requested full funding of the Schools' Budget. The Schools presented a budget of needs with no frills. She requested City Council support the children, all the children, to receive the education they deserve. Education should not be secondary. Quinn Constantz, 1920 Shady Lane, Phone: 468-2499, an 8`'' grader at Princess Anne Middle School is the President of the SCA. Mr. Constantz stated it is unfair for students to be accepted into Academy programs but won 't be able to attend due to transportation cuts. If the Schools are not fully funded, City Council is not investing in the future of the City. He stated that one is only as good as the weakest teammate, please consider this and fully fund the Schools. Martin Waranch, 111 6e Street, Phone: 491-3343, stated the loss of a carrier is eminent and this is not a period of sustained growth. The City should continue to cut unnecessary costs and if those cuts impede with public private enterprises, then so be it. He feels the City has a very competent City Manager and is lucky to have him. He stated he will give up the roundabout in his neighborhood to save a few million dollars. Diane Howard, 1057 Debaca Court, Phone: 721-5128, reminded City Council of the pay raises approved for City employees last year while taking Reserves from the Schools. Ms. Howard stated the City needs to cut spending on nonessential items. The economy is beginning to recover so do not put a damper on the recovery with unnecessary spending. Mike Barrett, 212 72nd Street, Phone: 422-1568, stated that repeating something that isn 't true does not make it true. Mr. Barrett supports City Council and School Board Budgets as both are critical to the City's success and prosperity. The State has abandoned funding local services but the City must support and sustain these quality services. Karen Mallard, began teaching 1 grade 24 years ago with 27 students. Schools' funding has been cut by `millions of dollars and, as a result, programs have been cut and class sizes have increased, both of which have a negative impact on the students. Please do not be responsible for the declining future of the Schools and fully fund the Schools. David Williams, 2104 W. Admiral Drive, Phone: 481-1668, is the President of the Shore Drive Coalition. Mr. Williams respectfully requests the budget be measured by the quality it brings to the City. Please consider the Budget items that are in excess and eliminate them along with the special projects. Mona Safferstein, 727 Simpkins Lane, Phone: 227-9953, pointed out a few things not discussed tonight. The average home in Virginia Beach is 25 years old, which means a great deal of maintenance is needed to maintain. In 2000, assessments were $16.8 -Billion, and in 2009, tripled to $49 -Billion, yet the City has not given back to the citizens. April 24, 2012 -59 - Item -VI-K.1 PUBLIC HEARING ITEM #61813(Continued) Waverly Woods, 2453 Haversham Close, Phone: 749-8266, opposes the increase in taxes at this time. The proposed scope is optimal. Outstanding quality of life cannot be afforded by the average citizen. Home values have declined while the number of citizens on food stamps have increased. Kenny Golden, stated he has lived all over the State of Virginia and he found Virginia Beach to be a wonderful place to live but it is getting hard to survive in Virginia Beach. If the City continues to raise taxes, he will not be able to afford to live in Virginia Beach and requested the City take a long look and find things to eliminate and keep taxes from being raised. Barbara Messner is impressed with the students and how articulate they are. It shows that people are awake and watching. Ms. Messner requested the City to fully fund public safety and the Schools. Sandra Delosrigs, is a former Virginia Beach teacher and very concerned citizen. Ms. Delosrigs brought her children to the February 14th City Council meeting and was ashamed of how the City Council acted. She saw certain Council Members checking emails, and the Mayor even left the meeting yet he expects respect. Her family chose Virginia Beach specifically for the excellent schools and requests that the City fully fund the Schools. Robert Dean stated this year's budget process brings back memories of his childhood watching cowboy movies on Saturday morning. Mr. Dean stated that although the `puppet strings" are not visible, everyone knows the Mayor uses the same strings to control 8 of the 11 City Council Members. Mr. Dean has watched the Staff Briefings these last few weeks and it appears that only Councilmen DeSteph and Moss had read the budget and understood the ramifications. The other City Council Members appeared to be transfixed on matters other than those having tremendous impacts on citizens. Mr. Dean supports Councilmen DeSteph's and Moss' Alternative Budget that fully funds core services without tax or fee increases. Jimmy Capps, stated he has heard a lot tonight and is wondering where he is living. Virginia Beach Vision represents 120 businesses and leaders. The tax rate adjustment is needed. Mr. Capps has seen what the City has done over the years and encourages the City to set the bar for the future, not just the year. If the State funded local government as they should, the City would not be in this position. There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. April24, 2012 -60 - Item -VI-H ADOPT AGEND FOR FORMAL SESSION ITEM #61814 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION April24, 2012 1 -61- Item -VI-L ORDINANCES/RESOLUTIONS ITEM #61815 Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council APPROVED IN ONE MOTION, Items la/b, 2 and 3 of the CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April24, 2012 Item -VI -L.1 ORDINANCES/RESOLUTIONS -62- ITEM #61816 Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinance to GRANT Franchise Agreements for Open Air Cafes in the Resort Area a. One-year Franchise Manhattan's Restaurant Cafe Shoreline Grill Cafe b. Five-year Renewals 22"d Street Raw Bar Abbey Road Luna Sea Mahi Mah's Mahi Mah 's Timbuktu Four Sails Calypso Bar & Grill Voting: 11-0 (By Consent) Council Members Voting Aye: Shoreline Grill Cafe Cabanas Seaside Bar & Grille 23'd Street Cafe Little Feets Shoreline Grill Shoreline Grill Neptune 's Dough Boy 's Dough Boy 's Oceanhouse Waterhouse Glenn R. Davis, William R "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 24, 2012 -63 - Item -VI -L.1 ORDINANCES/RESOLUTIONS ITEM #61816(Continued) Ordinance to GRANT Franchise Agreements for Open Air Cafes in the Resort Area Laverne 's Barclay Towers 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, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Members Abstaining: John E. Uhrin April24, 2012 1 AN ORDINANCE GRANTING TWENTY 2 FRANCHISE AGREEMENTS FOR OPEN AIR 3 CAFES IN THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 6 the City Manager to promulgate Open Air Cafe Regulations, which have been amended 7 from time to time, for the operation of open air cafes on public property; and 8 9 WHEREAS, the regulations originally prohibited sidewalk cafes on Atlantic 10 Avenue between 15th and 24th streets; and 11 12 WHEREAS, Council adopted a resolution on March 23, 2004 establishing a pilot 13 program to allow, on an experimental basis, open air cafes on Atlantic Avenue between 14 20th and 23rd Streets; and 15 16 WHEREAS, based upon the success of the pilot program, Council adopted an 17 ordinance on March 8, 2005 authorizing sidewalk cafes on Atlantic Avenue between 18 15th and 24th Streets; and 19 20 WHEREAS, the City Council has traditionally granted initial franchises for one- 21 year terms; and 22 23 WHEREAS, if an open air cafe is successfully operated during the initial one- 24 year term, the franchisee may return to Council and request a five-year franchise 25 agreement; and 26 27 WHEREAS, the following four entities are seeking a one-year franchise 28 agreement: (1) SAMIA, Inc., t/a Manhattan Restaurant Cafe, for operation of a 29 Boardwalk Cafe; (2) Colonial Inn, Inc., t/a Shoreline Grill Cafe, for operation of a 30 Boardwalk Cafe; (3) Colonial Inn, Inc., t/a Shoreline Grill Cafe, for operation of a 31 Connector Park Cafe; and (4) Clearwater Investment Associates, LP. t/a Cabanas 32 Seaside Bar & Grille, for operation of a Boardwalk Cafe. 33 34 WHEREAS, the following sixteen entities have successfully operated open air 35 cafes pursuant to either one-year or five-year franchise agreements, and are seeking 36 renewal of their franchise agreements for five year terms: (1) DAP, Inc., t/a 22nd Street 37 Raw Bar Cafe, for operation of an Atlantic Avenue Side Street Cafe; (2) Tampico 38 Enterprises, Inc., t/a Abbey Road Cafe, for operation of an Atlantic Avenue Side Street 39 Cafe; (3) Luna Sea, Inc., t/a Luna Sea Cafe, for operation of an Atlantic Avenue Side 40 Street Cafe; (4) Ramada on the Beach, t/a Mahi Mah's Cafe, for operation of a 41 Boardwalk Cafe; (5) Ramada on the Beach, t/a Mahi Mah's Cafe, for operation of a 42 Connector Park Cafe; (6) Seashore Management, t/a Laverne's Cafe, for operation of a 43 Boardwalk Cafe; (7) Barclay Restaurant Corporation, t/a Barclay Towers Cafe, for 44 operation of a Boardwalk Cafe; (8) Atlantic Sands, Inc., t/a Calypso Bar & Grill Cafe, for 45 operation of a Boardwalk Cafe; (9) Osprov Respublik, Inc., t/a Oceanhouse Waterhouse 46 Cafe, for operation of a Boardwalk Cafe; (10) Osprov Respublik, Inc., t/a 23rd Street 47 Cafe, for operation of a Boardwalk Cafe; (11) Marianna Enterprise, Inc., t/a Little Feets 48 Cafe, for operation of a Boardwalk cafe; (12) Atlantic Enterprises, Inc., t/a Neptune's 49 Cafe for operation of a Boardwalk Cafe; (13) Virginia George Company, Inc., t/a Dough 50 Boy's California Pizza Cafe, for operation of an Atlantic Avenue Side Street Cafe; (14) 51 Virginia George Company, Inc., t/a Dough Boy's California Pizza Cafe, for an Atlantic 52 Avenue Side Street Cafe; (15) Ocean Ranch Motel, t/a Timbuktu Cafe, for operation of 53 a Boardwalk Cafe; and (16) Four Sails Timeshare Owners Association, Inc., t/a Four 54 Sails, for operation of a Boardwalk Cafe; and 55 56 WHEREAS, the Strategic Growth Area Office recommends that the above - 57 named entities be granted open air cafe franchise agreements. 58 59 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 60 VIRGINIA BEACH: 61 62 1. That the City Council hereby grants one-year franchise agreements to (1) 63 SAMIA, Inc., t/a Manhattan Restaurant Cafe, for operation of a Boardwalk Cafe; (2) 64 Colonial Inn, Inc., t/a Shoreline Grill Cafe, for operation of a Boardwalk Cafe; (3) 65 Colonial Inn, Inc., t/a Shoreline Grill Cafe, for operation of a Connector Park Cafe; and 66 (4) Clearwater Investment Associates, LP. t/a Cabanas Seaside Bar & Grille, for 67 operation of a Boardwalk Cafe. 68 69 2. That the City Council hereby grants five-year franchise agreements to (1) 70 DAP, Inc., t/a 22nd Street Raw Bar Cafe, for operation of an Atlantic Avenue Side Street 71 Cafe; (2) Tampico Enterprises, Inc., t/a Abbey Road Cafe, for operation of an Atlantic 72 Avenue Side Street Cafe; (3) Luna Sea, Inc., t/a Luna Sea Cafe, for operation of an 73 Atlantic Avenue Side Street Cafe; (4) Ramada on the Beach, t/a Mahi Mah's Cafe, for 74 operation of a Boardwalk Cafe; (5) Ramada on the Beach, t/a Mahi Mah's Cafe, for 75 operation of a Connector Park Cafe; (6) Seashore Management, t/a Laverne's Cafe, for 76 operation of a Boardwalk Cafe; (7) Barclay Restaurant Corporation, t/a Barclay Towers 77 Cafe, for operation of a Boardwalk Cafe; (8) Atlantic Sands, Inc., t/a Calypso Bar & Grill 78 Cafe, for operation of a Boardwalk Cafe; (9) Osprov Respublik, Inc., t/a Oceanhouse 79 Waterhouse Cafe, for operation of a Boardwalk Cafe; (10) Osprov Respublik, Inc., t/a 80 23rd Street Cafe, for operation of a Boardwalk Cafe; (11) Marianna Enterprise, Inc., t/a 81 Little Feets Cafe, for operation of a Boardwalk cafe; (12) Atlantic Enterprises, Inc., t/a 82 Neptune's Cafe for operation of a Boardwalk Cafe; (13) Virginia George Company, Inc., 83 t/a Dough Boy's California Pizza Cafe, for operation of an Atlantic Avenue Side Street 84 Cafe; (14) Virginia George Company, Inc., t/a Dough Boy's California Pizza Cafe, for an 85 Atlantic Avenue Side Street Cafe; (15) Ocean Ranch Motel, t/a Timbuktu Cafe, for 86 operation of a Boardwalk Cafe; and (16) Four Sails Timeshare Owners Association, 87 Inc., t/a Four Sails, for operation of a Boardwalk Cafe. 88 89 Adopted by the City Council of Virginia Beach, Virginia on this 24th day of 90 April , 2012. 1 Approved as to Content: Strategic Growth Area Office CA12248 R-2 April 11, 2012 Approved as to Legal Sufficiency: JOHN E. UHRIN COUNCILMAN - DISTRICT 6 - BEACH In Reply Refer to 0046609 City of Virginia Beach April 24, 2012 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Fraser: VBgov.com PHONE: (757) 491-9388 JUHRIN@VBGOV.COM Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E) Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on a portion of the ordinance to grant franchise agreements for open air cafes. The ordinance grants twenty franchise agreements. This disclosure and abstention is with respect to two of those twenty franchises: (1) the franchise for Seashore Management, trading as Laverne's Cafe, for operation of a Boardwalk Cafe; and (2) Barclay Restaurant Corporation, trading as Barclay Towers Cafe, for operation of a Boardwalk Cafe. 2. I have a personal interest in this transaction because I am an employee of Burlage Management Corporation, which is located at 801 Atlantic Avenue in Virginia Beach. The applicants, Seashore Management and Barclay Restaurant Corporation, are affiliates of Burlage Management Corporation. 3. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 515 DELAWARE AVENUE, VIRGINIA BEACH, VIRGINIA 23451 Mrs. Ruth Hodges Fraser -2- April 24, 2012 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E) Thank you for your assistance and cooperation in this matter. Sincer JEU/RRI E. Uhrin uncilmember -64 - Item -VI -L.2 ORDINANCES/RESOLUTIONS ITEM #6181 7 Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinance to ESTABLISH a Capital Budget, ACCEPT and APPROPRIATE $482,000 from the Economic Development Access Fund and $354,000 from the property developer re "Progress Lane Extension" Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 24, 2012 1 AN ORDINANCE TO ESTABLISH CIP # 2-420 2 "PROGRESS LANE EXTENSION", AND TO ACCEPT AND 3 APPROPRIATE FUNDS TO CIP # 2-420 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 1. That CIP # 2-420, "Progress Lane Extension," is hereby established in the 8 FY 2011-12 Capital Budget; and 9 10 2. That $482,000 is hereby accepted from Commonwealth of Virginia 11 Economic Development Access Fund Program and appropriated, with estimated state 12 revenue increased accordingly, to CIP # 2-420, "Progress Lane Extension;" and 13 14 3. That $354,000 is hereby accepted from the property developer and 15 appropriated, with estimated miscellaneous revenue increased accordingly, to CIP # 2- 16 420, "Progress Lane Extension." Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of April , 2012. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: )3 Management Services CA12251 R-2 April 19, 2012 Approved as to Legal Sufficiency: 's6 u:9 : 4 33".11 1 -65 - Item -VI -L.3 ORDINANCES/RESOLUTIONS ITEM #61818 Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinance to increase APPROPRIATIONS of $2,400,000 to the Fuels Internal Service Fund and $1,600,000 to the City Garage Internal Service Fund to address additional needs for cost -of -goods -sold Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 24, 2012 { 1 AN ORDINANCE TO INCREASE APPROPRIATIONS TO 2 THE CITY GARAGE INTERNAL SERVICE FUND AND THE 3 FUELS INTERNAL SERVICE FUND 4 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That $2,400,000 is hereby appropriated to the Fuels Internal Service Fund 10 to address additional needs for cost -of -goods -sold, supported by internal service fund 11 charges to departments; and 12 13 2. That $1,600,000 is hereby appropriated to the City Garage Internal 14 Service Fund to address additional needs for cost -of -goods -sold, supported by internal 15 service fund charges to departments. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of April , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: M nage f e Services CA12252 R-2 April 13, 2012 APPROVED AS TO LEGAL SUFFICIENCY: -66 - Item -VI -L.4 ORDINANCES/RESOLUTIONS ITEM #61819 Resolution to REQUEST the Circuit Court to order a Referendum Election on November 6, 2012, re "supporting the financing and development of The Tide Light Rail into Virginia Beach" The following individuals registered to speak: Michael Aschkenas, 2805 West Point Circle, Phone: 463-6941, is a member of Light Rail Now Board as well as a Member of the Mayor's Commission on Aging. Mr. Aschkenas stated he cares about two things: transportation and senior citizens and both issues get a raw deal. Light Rail will cause stations to be built in various areas of the City that will turn into "mini TownCenters ". The City needs an alternate means of transportation and it makes sense to put the Referendum on the Ballot when the majority of voters will vote. Teresa Stanley, 143 Castillian Drive, Phone: 286-5858, is a member of the Light Rail Now. She requested City Council support the Referendum on Light Rail. The City needs alternate means of transportation. 38% of highway funding is paid by users. Approximately 9% of citizens do not own a vehicle. It is smart to put the Referendum on the Ballot when the voter turnout is expected to be high in order to make sure the community has a chance to voice its opinion. Greg French, 4356 Bonney Road, Phone: 298-9800, is a 38 year resident of the City and SUPPORTS the Referendum for Light Rail. He believes Light Rail is good and will support the City's planning centralized SGA supporting sustainable communities. Citizens are anxious to vote and the voter turnout is expected to be high. Timothy McCarthy, 3845 Prince Phillip Circle, Phone: 486-3375, is the President of Light Rail Now. Mr. McCarthy is excited at the thought of extending the Tide to Virginia Beach. Light Rail is a "community builder ". Light Rail will stimulate new growth and the economy in a significant way. Transportation is inefficient and the City needs to be well connected to the rest of the region. The Military gets the concept and supports the expansion of Light Rail. Please place this Referendum on the Ballot to get the most democratic vote. Jimmy Frost stated although he does not think the City can afford Light Rail he does support placing the Referendum on the Ballot. Jeanne Evans -Cox, SUPPORTS the Referendum. Ms. Evans -Cox stated a lot has changed since the last Light Rail Referendum. The City needs progress and alternative means of transportation and the time is now. Jimmy Capps, President of Virginia Beach Vision, encouraged City Council to place the Referendum on the Ballot. Virginia Beach is the largest city in the Commonwealth and public transit is integral part of the SGAs. Petie Browder, speaking for Marvin Keefer stated there is no information on Light Rail as the City indicated. The data from Norfolk has been significantly diluted for students to ride for free and citizens are entitled to know the source of funding. Richard Kowalewithc, 229 16th Street, Phone: 831-6143, requested the study for Light Rail be completed before placing the Referendum on the Ballot as citizens need to know what it is going to cost. April24, 2012 -67 - Item -VI -L.4 ORDINANCES/RESOLUTIONS ITEM #61819(Continued) Dorothy Patterson, 229 16"` Street, Phone: 575-7029, is against the Referendum prior to fully educating the community. The purpose of the study is to inform citizens of the cost and possible funding. Never ending costs will be subsidized by tax dollars and the City cannot afford this during these difficult economic times. Andrew Jackson, 153 Upperville Road, Phone: 472-0901, does not feel this is a good time for the Referendum. The City is having issues funding public safety and Schools. The reality is there is no transportation system that is not subsidized but the issue is how much and where will those funds come from. Before the Referendum gets on the Ballot, the City needs to gather citizens and have honest dialogue. Mike Barrett, 212 72nd Street, Phone: 422-1568, SUPPORTS the Referendum. Light Rail will increase mobility, especially in the 1-264 Corridor. The last Referendum had low voter turnout. If the Referendum is placed on the Ballot, the City will hear from the majority. Keith Freeman stated if the objective is to move people and reduce congestion then a dedicated bus line is the best option. Tax payers paid over $6 -Million for a Study. Alternatives to Light Rail exist but have not been considered. The Referendum should wait until all of the data is available. Norfolk is sacrificing their school system for Light Rail. Robert Dean, former Member of City Council and Chairman of the Tidewater Libertarian Party, does not feel this is a viable project for the City. The citizens should know the estimated construction costs, the annual operating expenses, etc. before placing a Referendum on the Ballot. Brian Kerwin is in SUPPORT of the Referendum and the Light Rail Project. People are either for or against Light Rail. The people that oppose Light Rail are going to oppose Light Rail even if the study is complete so go ahead and move forward and let the majority speak. April 24, 2012 -68 - Item -VI-L4 ORDINANCES/RESOLUTIONS ITEM #61819(Continued) Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council ADOPTED, Resolution to REQUEST the Circuit Court to order a Referendum Election be conducted in accordance with Code of Virginia, Sections 24.2-682 and 24.2-684, to be held on November 6, 2012, re "supporting the financing and development of The Tide Light Rail into Virginia Beach" Voting: 10-1 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Harry E. Diezel Council Members Absent: None April 24, 2012 REQUESTED BY COUNCILMEMBERS UHRIN AND WOOD 1 A RESOLUTION REQUESTING THE CIRCUIT COURT TO 2 ORDER THAT A REFERENDUM ELECTION BE HELD ON 3 NOVEMBER 6, 2012 ON THE QUESTION OF WHETHER 4 THE CITY COUNCIL SHOULD ADOPT AN ORDINANCE 5 APPROVING THE USE OF ALL REASONABLE EFFORTS 6 TO SUPPORT THE FINANCING AND DEVELOPMENT OF 7 THE TIDE LIGHT RAIL INTO VIRGINIA BEACH 8 9 WHEREAS, on August 19, 2011, The Tide light rail system opened for service in 10 the City of Norfolk and extends 7.4 miles from the Eastern Virginia Medical Center 11 complex east through downtown Norfolk and adjacent to 1-264 to Newton Road; and 12 13 WHEREAS, in 2009, at the direction of the Virginia General Assembly, Hampton 14 Roads Transit ("HRT"), which operates The Tide, began conducting the Virginia Beach 15 Transit Extension Study, or Supplemental Draft Environmental Impact Study 16 Alternatives Analysis (SDEIS/AA), to examine the best transit options available for a 17 former freight rail right-of-way that runs from Newtown Road to Birdneck Road in 18 Virginia Beach and that includes options for extending transit service east of Birdneck 19 Road to the Oceanfront; and 20 21 WHEREAS, in April 2011, HRT paused the study so that nine-to-twelve months 22 of ridership data from The Tide Tight rail system could be collected, which will allow the 23 travel forecasting model for any extension to be calibrated based on actual ridership; 24 and 25 26 WHEREAS, HRT anticipates that the study will be completed by the end of 2013; 27 and 28 29 WHEREAS, HRT also has allocated $30 million in Regional Surface 30 Transportation Funding that can be used to pay the full cost of a preliminary engineering 31 study of the potential expansion of The Tide into Virginia Beach; and 32 33 WHEREAS, City Council has consistently conditioned its support for expansion 34 of the Tight rail system into the City on the citizen's support of that expansion at an 35 advisory referendum; and 36 37 WHEREAS, City Charter § 3.05(f) authorizes City Council "[t]o provide for the 38 submission of any proposed ordinance to the qualified voters of the city at an advisory 39 referendum to be initiated by a resolution to the circuit court of the city and held ... in 40 the manner provided for by law for general elections"; and 41 42 WHEREAS, the approval of the advisory referendum would not commit the City 43 to determine the mode of transit prior to the completion of the SDEIS/AA; and 44 45 WHEREAS, the ordinance that is the subject of this referendum does not commit 46 the City to the expenditure of City funds or the disposition of City-owned property in the 47 pursuit of its ends; and 48 49 WHEREAS, in a 1999 advisory referendum on light rail, a majority of persons 50 voting opposed approval of a light rail transit project in Virginia Beach; and 51 52 WHEREAS, given all that has occurred with respect to light rail and surface 53 transportation in our region in the thirteen years since that vote, City Council desires to 54 provide our citizens with an opportunity to vote in an advisory referendum on a new 55 ordinance that would approve the use of all reasonable efforts to support the financing 56 and development of The Tide light rail into Virginia Beach; and 57 58 WHEREAS, City Council is of the opinion that the referendum election should be 59 held during the November 6, 2012 general election because historical data show that 60 the highest level of voter turnout occurs during presidential elections, where both 61 houses of Congress are also on the ballot, and the anticipated higher turnout for such 62 an election would provide City Council with a more reliable indicator of the will of 63 Virginia Beach citizens than if the referendum were held in a year without such an 64 election. 65 66 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 67 OF VIRGINIA BEACH, VIRGINIA: 68 69 1. That, pursuant to § 3.05(f) of the Charter of the City of Virginia Beach, the 70 Circuit Court of the City of Virginia Beach is hereby requested to order an election to be 71 conducted in accordance with Code of Virginia §§ 24.2-682 and 24.2-684 and held on 72 November 6, 2012 to take the sense of the qualified voters of the City on the question of 73 whether the City Council should adopt an ordinance approving the use of all reasonable 74 efforts to support the financing and development of The Tide light rail into Virginia 75 Beach. 76 77 2. That the question to appear on the ballot shall read as follows: 78 79 Should the City Council adopt an ordinance approving the use of all 80 reasonable efforts to support the financing and development of The 81 Tide Tight rail into Virginia Beach? 82 83 Yes No 84 85 3. That, if a majority of voters voting at the election approve the question set 86 forth above, any ordinance that may be adopted by the City Council shall be 87 substantially similar to the proposed ordinance attached hereto as "Exhibit A;" 88 2 89 4. That a copy of the proposed ordinance shall be made available for 90 inspection at the City Clerk's Office, on the City's website, and all public libraries and 91 recreation centers within ten days of the passage of this resolution. Furthermore, the 92 City Clerk shall fax or email a copy of the proposed ordinance to any citizen upon 93 request; and 94 95 5. That the City Attorney is hereby directed to file a certified copy of this 96 resolution, along with an appropriate petition and order, with the Circuit Court of the City 97 of Virginia Beach for such an election to be held on November 6, 2012. 98 99 Adopted by the City Council of the City of Virginia Beach, Virginia, this 24th 100 day of April , 2012. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA12228 R-3 April 5, 2012 3 i EXHIBIT A 1 AN ORDINANCE APPROVING THE USE OF ALL 2 REASONABLE EFFORTS TO SUPPORT THE FINANCING 3 AND DEVELOPMENT OF THE TIDE LIGHT RAIL INTO 4 VIRGINIA BEACH 5 6 WHEREAS, a majority of the qualified voters of the City of Virginia Beach who 7 voted at an advisory referendum held on November 6, 2012, expressed support for City 8 Council's adoption of an ordinance approving the use of all reasonable efforts to support 9 the financing and development of The Tide light rail into Virginia Beach; and 10 11 WHEREAS, further actions required to implement the extension of The Tide light 12 rail system into Virginia Beach will be separately considered by this Council such as the 13 expenditure of City funds or the disposition of City -owned property. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 That City Council hereby approves the use of all reasonable efforts to support the 19 financing and development of The Tide Tight rail into Virginia Beach. 20 21 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 22 of , 2012. APPROVED AS TO LEGAL SUFFICIENCY: ''az64,cal e5-----. City Attorney's Offic CA12243 R-2 April 5, 2012 -69 - Item -VI -L.4 ORDINANCES/RESOLUTIONS ITEM #61820 Resolution that City Council REQUEST the General Assembly AMEND the City's Charter to provide for the Election of City Council Members who represent each of the City's seven (7) Residence Districts only by the voters who reside in the respective Residence Districts as opposed to the current system of At Large Voting The following individuals registered to speak: Andrew Jackson, 153 Upperville Road, Phone: 472-0901, stated this is a "no brainer ". Virginia Beach is the largest city in the Commonwealth yet acting like a small town. The current system is a "hybrid" and others throughout the State laugh at this system. This voting system would allow accessibility, affordability and accountability. The current "at large folks" would stay put with the District representatives only being elected by the citizens in that same District. E. George Minns, 236 Shipps Lane, Phone: 575-8109, the people that live in the District raise their children, take care of their homes, pay their taxes but no matter how they vote, they can be overpowered from outside influences. The current system only deals with where the person's house is and if true, the voters are not electing their house, they are electing their representative. Therefore, to say that there are Districts, when it is meaningless, is false. If you believe in the Constitution, Freedom of Expression by voting, you should not vote against this Referendum. The people that live within that District would elect their own representative. That is clear. Richard Kowalewith, 229 16th Street, Phone: 831-6143, stated this is a "no brainer ". Mr. Kowalewith has ran for office three (3) times and people thought they couldn't vote for him because he didn't live in his District. Give the people what they deserve and the citizens know exactly what is going on. Andy Bann, 2711 Poinciana Drive, Phone: 708-5229 stated that District voters are not represented when people outside of the District dilute the votes. There is no representation of any District in the City. Jaynes Banks, 5442 Hunt Club Drive, Phone: 343-3624. Mr. Banks has lived in Kempsville since 1972. If he decided to run for City Council, he could go door-to-door for support but with the current voting system, that would not do him any good. He could win Kempsvile from the voters of Kempsville but still lose the election and that is not right. Please place this Referendum on the Ballot. Bill Fleming, 1324 Five Point road, Phone: 481-4084, stated that Members of Congress are elected by Districts and he feels this is a strong indication that the City is not doing things correctly. Dorothy Patterson, 229 16th Street, Phone: 575-7029, is a long term resident of Virginia Beach. Ms. Patterson feels campaigns would be easier to fund and candidates could canvas their entire District, literally going door to door. This will make it a more fair system. Ernest H. Harris, Jr., 209 Shipps Lane, Phone: 472-2882, is a 69 year Virginia Beach resident. This system would benefit citizens and candidates. Campaign costs would be reduced and would result in more diverse Council. Carl Wright, Phone: 235-5596, has heard from a large number of the community at this meeting. Whether they attended in support of the children or a better transportation system for the City, please remember City Council works for the Citizens; the Citizens do not work for City Council. April24, 2012 -70 - Item -VI -L.4 ORDINANCES/RESOLUTIONS ITEM #61820(Continued) Venus Marshall, 5354 Leicester Court, Phone: 490-2352, stated she has appeared before City Council many times in the past and is feeling frustrated because City Council does not seem to be listening. It is time there is fair representation in the City and she SUPPORTS the Referendum being placed on the Ballot. Robert Dean, former Member of City Council stated if we elect our Senators by District, does the City feel the Virginia Voting System is flawed? This would bring down the costs of government and this begins with District voting. Bernard Holmes, 1429 Lake James Drive, Phone: 420-3925, has resided in Virginia Beach since 1984. Mr. Holmes stated he is an Attorney by trade and an Ordained Minister. Mr. Holmes submitted his application in the past for various City Council committees and has never been considered. He does not understand why so many officials are blind to diversity issues. Barbara Messner is thrilled that people are so passionate about this issue but sorry they have been treated so poorly over the years. Ms. Messner is 100% in favor of this Referendum being placed on the Ballot. Jeff Bates, 4815 Ashberry Lane, Phone: 679-6390, stated he is a citizen of this great City and the School System is the best in the Country. Mr. Bates would like to have someone on the City Council that looked like him and spoke from his point of view. Georgia Allen SUPPORTS the Referendum being placed on the Ballot to ensure a fair and equitable distribution. This would discredit the appearance of evil or wrong doing. She feels it is wrong for people to continue to pay taxes that are not represented. In 1994, this Referendum passed but has never implemented. This would create a fair system and allow all citizens to elect a representative. Brian Kerwin feels the City has done a good job over the years. Individuals feel that challengers do not stand a chance to be an incumbent with the "hybrid" system but that is just not true. Look at the turn over on City Council in the past years. Bill Stephany, 404 Palets Road, Phone: 486-4828 stated he would not mind giving up his privilege to vote against people he doesn 't like if he can vote in a way that makes sense. April 24, 2012 -71 - Item -VI-L.4 ORDINANCES/RESOLUTIONS ITEM #61820(Continued) Councilman Moss MOVED that the Resolution to REQUEST the General Assembly AMEND the City's Charter to provide for the Election of City Council Members who represent each of the City's seven (7) Residence Districts only by the voters who reside in the respective Residence Districts as opposed to the current system of At Large Voting be ADOPTED. Councilman DeSteph seconded the motion. Councilman Davis made a SUBSTITUTE MOTION striking certain language from the Resolution as proposed by Councilman Moss. Councilman Davis read the proposed Resolution into the record and Council Lady Wilson seconded the Substitute Motion. The Substitute Motion failed Voting: 3-7 (failed as lost to a negative vote) Council Members Voting Aye: Glenn R. Davis, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., James L. Wood Council Members Absent: None Council Members Abstaining: Robert M. Dyer April 24, 2012 { -72- Item-VI-L.4 ORDINANCES/RESOLUTIONS ITEM #61820(Continued) Councilman Moss restated the original Motion for a Resolution to REQUEST the General Assembly AMEND the City's Charter to provide for the Election of City Council Members who represent each of the City's seven (7) Residence Districts only by the voters who reside in the respective Residence Districts as opposed to the current system of At Large Voting be adopted with Councilman DeSteph seconding the original motion.. Voting: 3-7 (failed as lost to a negative vote) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel and John D. Moss Council Members Voting Nay: Glenn R. Davis, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None Council Members Abstaining: Robert M. Dyer April 24, 2012 1 -73- Item -VI-J PLANNING ITEM #61821 1. 1168 ASSOCIATES, LLC. STREET CLOSURE 2. OCEAN RENTAL PROPERTIES, LLC 3. ERNEST D. PARRISH/LYNNNHAVEN COLONY SHOPS 4. SOUTHGATE COMMONS, LLC & HOLLOMON BROWN FUNERAL HOME, INC. 5. PRINCESS ANNE, H&R RE, LP/SOUTHGATE COMMONS, LLC 6. BAYLAKE UNITED METHODIST CHURCH 7. 1792 PRINCESS ANNE ROAD, LLC 8. KROLL ENTERPRISES, INC./ N&K PROPERTIES, LLC and B& W PROPERTY DEVELOPMENT, LLC 9. AMEND CITY ZONING ORDINANCE EXPANSION OF NON- CONFORMING USE CONDITIONAL USE PERMIT CHANGE OF ZONING CONDITIONAL USE PERMIT CONDTIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING and CONDITIONAL USE PERMIT CHANGE OF ZONING April24, 2012 -74 - Item -VI-J PLANNING ITEM #61822 Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 2 (DEFER TO MAY 8, 2012), 3, 4 (VICE MAYOR JONES ABSTAINING), 5 (VICE MAYOR JONES ABSTAINING), 8 (DEFFERED INDEFINATELY), 9a/b and 10 of the PLANNING BY CONSENT AGENDA Councilman Moss shall vote a VERBAL NAY on Item 10: AMEND Comprehensive Plan re the March 2012 Lynnhaven Strategic Growth Area Master Plan Councilman Moss stated his NAY vote is because he believes the SGA's are intrusive and burdensome to the City and diminish the quality of life. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 24, 2012 -75 - Item -VI -J.1 PLANNING ITEM #61823 Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council APPROVED/CONDITIONED, BY CONSENT, Application of 1168 ASSOCIATES, LLC. for the closure of an unimproved portion of First Colonial Road and Mill Dam Court to incorporate the closed area into their adjoining parcel (DISTRICT 5 — LYNNHAVEN) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINAI BEACH, VIRGINIA Ordinance upon Application of 1168 ASSOCIATES, LLC. for the closure of an unimproved portion of First Colonial Road and Mill Dam Court to incorporate the closed area into their adjoining parcel (GPIN2408-55-4263) DISTRICT 5 — LYNNHAVEN The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining 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 City of 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 verify that no utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies and the City's utility agencies indicate that there either are, or may be, utilities within the right- of-way proposed for closure. If utilities do exist, easements satisfactory to the utility companies or the City's utility agencies must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one (1) year of the City Council vote to close the right-of-way, this approval shall be considered null and void. 5. The applicant shall obtain any necessary variances from Public Utilities Management in order to allow the existing public utility facilities within an easement to remain in the area to be closed or the applicant shall relocate the detector check outside of the closed area into an appropriate area within the right-of-way and a new manhole shall be set at the new right-of-way line to delineate public/private utilities. 6. Any free-standing sign shall be monument style no more than eight (8) feet in height with a brick base to match the brick on the building located on the contiguous lot. Landscaping shall be installed around the sign in accordance April 24, 2012 -76 - Item -VI -J.1 PLANNING ITEM #61823(Continued) with City requirements. The proposed sign must be submitted as required by the City Zoning Ordinance and shall not be installed until a sign permit is issued as well as all other required permits. If the sign must be located such that it encroaches into a utility easement, necessary permission shall be obtained from the respective utility agency. 7. The applicant shall maintain all existing landscaping within the public right-of- way. Any landscaping removed or destroyed must be replaced with landscaping of similar type or species. 8. The applicant shall execute and deliver a Reservation Agreement which (a) gives the City the right to repurchase the area of closure at the same price paid by the applicant to the City plus a factor of three percent (3%) per year and (b) in which the applicant waives any claim to compensation for any improvements in the area of closure and for damage to the residue of the applicant's property caused by or flowing from the exercise of the City's rights under the Reservation Agreement. The Reservation Agreement shall be acceptable to the City Attorney and shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia on the Twenty -Fourth day of April, Two Thousand Twelve. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 24, 2012 1 ORDINANCE APPROVING APPLICATION OF 1168 2 ASSOCIATES, LLC, FOR THE CLOSURE OF AN 3 UNIMPROVED PORTION OF THE EAST SIDE OF 4 FIRST COLONIAL ROAD AT THE SOUTHERN 5 TERMINUS OF MILL DAM COURT (ADJACENT TO 6 GPIN 2408-55-4263) 7 8 WHEREAS, 1168 Associates, LLC, a Virginia limited liability company, 9 (the "Applicant"), applied to the Council of the City of Virginia Beach, Virginia, to have 10 the hereinafter described unimproved right-of-way discontinued, closed, and vacated; 11 and 12 13 WHEREAS, it is the judgment of the Council that said right-of-way be 14 discontinued, closed, and vacated, subject to certain conditions having been met on or 15 before one (1) year from City Council's adoption of this Ordinance; 16 17 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 18 Virginia Beach, Virginia: 19 20 SECTION I 21 22 That the hereinafter described unimproved right-of-way be discontinued, 23 closed and vacated, subject to certain conditions being met on or before one (1) year 24 from City Council's adoption of this ordinance: 25 26 All that certain piece or parcel of land situate, lying and being 27 in the City of Virginia Beach, Virginia, designated and 28 described as "PORTION OF FIRST COLONIAL ROAD TO 29 BE CLOSED AREA = 4,275 SQ. FT." shown as the hatched 30 area on that certain plat entitled: "EXHIBIT A PLAT 31 SHOWING PORTION OF FIRST COLONIAL ROAD TO BE 32 CLOSED VIRGINIA BEACH, VIRGINIA", Scale: 1"=30', 33 dated May 20, 2011 and revised through November 30, 34 2011, prepared by Parrish Layne Design Group, a copy of 35 which is attached hereto as Exhibit A. 36 37 GPIN: 2408-55-4263 1 38 SECTION II 39 40 The following conditions must be met on or before one (1) year from City 41 Council's adoption of this ordinance: 42 43 1. The City Attorney's Office will make the final determination regarding 44 ownership of the underlying fee. The purchase price to be paid to the City 45 shall be determined according to the "Policy Regarding Purchase of City's 46 Interest in Streets Pursuant to Street Closures," approved by City Council. 47 Copies of the policy are available in the Planning Department. 48 49 2. The applicant shall resubdivide the property and vacate internal lot lines to 50 incorporate the closed area into the adjoining parcel. The plat must be 51 submitted and approved for recordation prior to final street closure approval. 52 A plat providing a drainage easement shall be reviewed and approved by the 53 City of Virginia Beach Public Works Department during detailed site plan 54 review unless the Public Works Director or his designee waives this 55 requirement. 56 57 3. The applicant shall verify that no utilities exist within the right-of-way proposed 58 for closure. Preliminary comments from the utility companies and the City's 59 utility agencies indicate that there either are or may be utilities within the right- 60 of-way proposed for closure. If utilities do exist, easements satisfactory to the 61 utility companies and/or the City's utility agencies must be provided. 62 63 4. Closure of the right-of-way shall be contingent upon compliance with the 64 above stated conditions within 365 days of approval by City Council. If the 65 conditions noted above are not accomplished and the final plat is not 66 approved within one year of the City Council vote to close the right-of-way this 67 approval shall be considered null and void. 68 69 5. The applicant shall obtain any necessary variances from Public Utilities 70 Management in order to allow the existing public utility facilities within an 71 easement to remain in the area to be closed, or the applicant shall relocate 72 the detector check outside of the closed area into an appropriate area within 73 the right-of-way and a new manhole shall be set at the new right-of-way line 74 to delineate public/private utilities. 75 76 6. Any free-standing sign shall be a monument style sign, no more than eight 77 feet in height with brick base to match the brick on the building located on the 78 contiguous lot. Landscaping shall be installed around the sign in accordance 79 with City requirements. The proposed sign must be submitted as required by 80 the City Zoning Ordinance, and shall not be installed until a sign permit is 2 1 81 issued as well as all other required permits. If the sign must be located such 82 that it encroaches into a utility easement, necessary permission shall be 83 obtained from the respective utility agency. 84 85 7. The applicant shall maintain all existing landscaping within the public right -of - 86 way. Any landscaping removed or destroyed, must be replaced with 87 landscaping of similar type or species. 88 89 8. The applicant shall execute and deliver a reservation agreement which (a) 90 gives the City the right to repurchase the area of closure at the same price 91 paid by the applicant to the City plus a factor of 3% per year and (b) in which 92 the applicant waives any claim to compensation for any improvements in the 93 area of closure and for damage to the residue of the applicant's property 94 caused by or flowing from the exercise of the City's rights under the 95 reservation agreement. The reservation agreement shall be acceptable to the 96 City Attorney and shall be recorded in the Clerk's Office of the Circuit Court of 97 the City of Virginia Beach. 98 99 SECTION III 100 101 1. If the preceding conditions are not fulfilled on or before April 23, 2013, 102 this Ordinance will be deemed null and void without further action by the City Council. 103 104 2. If all conditions are met on or before April 23, 2013, the date of final 105 closure is the date the street closure ordinance is recorded by the City Attorney. 106 107 3. In the event the City of Virginia Beach has any interest in the 108 underlying fee, the City Manager or his designee is authorized to execute whatever 109 documents, if any, that may be requested to convey such interest, provided said 110 documents are approved by the City Attorney's Office. 111 112 SECTION IV 113 114 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 115 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 116 OF VIRGINIA BEACH as "Grantor" and1168 Associates, LLC, as "Grantee." 117 118 Adopted by the Council of the City of Virginia Beach, Virginia, on this 119 24th day of April , 2012. 120 121 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE - 122 FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. 3 CA11734 R-1 March 28, 2012 \\vbgov. com\DFS 1 \Applications\CityLawP rod\cycom 32\W pdocs\D028\P014\00012553. DOC AP"• EDA ONTENT: Planning department APPROVED AS TO LEGAL SUFFICIENCY: INYCviGtol City Attorne 4 EXHIBIT "A" w 121noo MVO 11114 o, D ."O N75'31'11 "E NOW OR FORMERLY JAMES P. & DOREN£ M. CARON INST/ 200406240098690 LOT 11 - BRIGHTON ON THE BAY - SECTION ONE M.B. 184, PG. 16 CPIN/2408-55-3349 N875,1'001 - WATER VAULT MANHOLE BACK OF CURB CONC. SWALE ti PEDISTAL coA 275.54' REV 03 BRIAN J. LAYNE Lic. No. 002490 EASEMENT EXHIBIT 5/27/11 -14D s NOW OR FORMERLY 1168 ASSOCIATES, LLC INST/20080829001025640 M.B. 82, PG. 23 GP/N/2408-55-4263 PORTION OF FIRST COLONIAL ROAD TO BE CLOSED AREA = 4,275 SQ.FT. NOTES: 1. THIS MAP WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. ALL EASEMENTS OR RESTRICTIONS MAY NOT BE PEDISTAL SHOWN HEREON. 00" i MANHOLE 2. THIS MAP IS NOT INTENDED TO REPRESENT A BOUNDARY SURVEY. 3. THIS MAP IS FOR THE PURPOSE OF DEPICTING THE AREA OF PROP. SIGN o CLOSURE FOR A PORTION OF FIRST COLONIAL ROAD. (SEE SIGN DETAIL BY OTHERS) .576'39'48 IV 385.00' NOW OR FORMERLY REALTY L.P. D.B. 3996, PG. 1718 M.B. 299, PG. 9 GPIN/2408-55-5071 30 0 30 60 G scale feet EXHIBIT A PLAT SHOWING PORTION OF FIRST COLONIAL ROAD TO BE CLOSED VIRGINIA BEACH, VIRGINIA DRAWN: BJL DATE: 5/20/11 SCALE: 1 "=30' REVISIONS EARRISH AYN E DESIGN GROUP Engineers • Surveyors •Planners P.O. Box 9164, Chesapeake. VA 23321 Phone: 757.686.3345 Fix: 7 s 7 6x6.3348 1 -REV. £SMT. DIMS. 8/17/11 2 -REV. ESMT. DIMS. 9/30/11 3 -ADD WALK/FLOWER BED 11/30/11 REFERENCE: SHEET NO. 1 M.B. 299, PG. 60 PROJ.: 3003.0-11 1 -77- Item-VI-J.2 PLANNING ITEM #61824 Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council DEFERRED TO MAY 8TH, BY CONSENT, Application of OCEAN RENTAL PROPERTIES, LLC for an enlargement of a Non -Conforming Use at 403 16th Street re single family dwellings on one lot ( DISTRICT 6 — BEACH) Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April24, 2012 -78- Item PLANNING ITEM #61825 Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council APPROVED/CONDITIONED, BY CONSENT, Application of ERNEST D. PARRISH/LYNNHAVEN COLONY SHOPS for a Conditional Use Permit re truck and trailer vehicle rentals at 2973 Shore Drive, (DISTRICT 5 — LYNNHAVEN) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. Ordinance upon Application of ERNEST D. PARRISH/LYNNHAVEN COLONY SHOPS for a Conditional Use Permit re truck and trailer vehicle rentals at 2973 Shore Drive, (GPINs1499197884; 1499196753; 1499197796) DISTRICT 5 — LYNNHAVEN The following conditions shall be required: 1. There shall be no parking or display of rental trucks and/or trailers anywhere on the site except in the designated parking area as depicted on the submitted physical survey of the site. Said physical survey has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. Screening shall be provided as depicted on the submitted physical survey of the site. Said physical survey has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. Rental shall be limited to small trailers and trucks that do not exceed twenty (20) feet in length. 4. The applicant shall not display any portable signs, banners, pennants, ribbons, streamers, spinners, strings of light bulbs, balloons or electronic display signs on the site. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April24, 2012 -79 - Item -VI -J.4 PLANNING ITEM #61826 Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council APPROVED AS PROFFERED, BY CONSENT, Application of SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERAL HOME, INC. for a Conditional Change of Zoning from AG -1 and AG -2 Agricultural to Conditional B-2 Community Business and I-1 Light Industrial at Princess Anne and Dam Neck Roads re retail and office use (DISTRICT 7 - PRINCESS ANNE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. Ordinance upon Application of SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERAL HOME, INC. for a Conditional Change of Zoning from AG -1 and AG -2 Agricultural to Conditional B-2 Community Business and I-1 Light Industrial at Princess Anne and Dam Neck Roads re retail and office use (GPINs1484994767; 1484994491; 1484899851; 1484993900) DISTRICT 7 - PRINCESS ANNE An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Harry E. Diezel, Barbara M. Henley, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Members Abstaining: Vice Mayor Louis R. Jones April24, 2012 -80 - Item -VI -J.5 PLANNING ITEM #61827 Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council APPROVED/CONDITIONED, BY CONSENT, Application of PRINCESS ANNE, H & R RE, LP./SOUTHGATE COMMONS, LLC. for a Conditional Use Permit re a rehabilitation facility (Convalescent Home) at Princess Anne and Dam Neck Road (DISTRICT 7 - PRINCESS ANNE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. Ordinance upon Application of PRINCESS ANNE, H & R RE, LP./SOUTHGATE COMMONS, LLC. for a Conditional Use Permit re a rehabilitation facility (Convalescent Home) at Princess Anne and Dam Neck Road (GPINs1484994767; 1484994491; 1484899851; 1484993900) DISTRICT 7 - PRINCESS ANNE The following conditions shall be required.• 1. The site shall be developed in substantial conformance with the plan entitled "Medical Facilities of America Princess Anne Campus Princess Anne Road Virginia Beach , VA Conditional Use Plan" sheet 1 of 1, dated July 1, 2011, prepared by VHB. This Plan has been exhibited to City Council and is on file in the Department of Planning. 2. The facility shall be constructed substantially as shown on the building elevations entitled "Princess Anne Virginia Beach, Virginia Sheet A2.1" dated December 20, 2011, and colored rendering untitled and not dated, prepared by Jones & Jones Associates Architects PC. These drawings have been exhibited to City Council and are on file in the Department of Planning. 3. The structure, exterior building materials, landscaping, lighting and signage will be compatible with Princess Anne Commons Design Guidelines and existing design elements within the Princess Anne Commons. 4. Provide large canopy street trees a maximum of forty (40) feet on center along the access drives located adjacent to the South, Southeast, East and Northeast property lines. Trees may be grouped together to form groves or area of interest. 5. All exterior dumpster areas on the site shall be screened utilizing building materials such as brick, pre -cast or other materials compatible with the building materials utilized on the primary structure on the site as deemed acceptable by the Planning Director or his designee. 6. Mechanical equipment located adjacent to any structures on the site shall be screened with appropriate fencing and/or landscaping and any mechanical equipment located on the top of any structures on the property shall be enclosed on four sides with screened walls appropriately sized parapets. 7. A lighting, or Photometric Plan, depicting all external fixtures proposed shall be submitted for review by City Staff with the detailed Site Plan. The Lighting Plan shall include the height of poles located in the parking lots along the location of all pole mounted and building mounted fixtures. The Plan shall also list the lamp type, wattage and type offixture. Lighting shall be uniform throughout the April 24, 2012 -81 - Item -VI -J.4 PLANNING ITEM #61827(Continued) parking area and shall minimize refection or glare toward properties and streets outside the complex. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, John D. Moss , Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Members Abstaining: Vice Mayor Louis R. Jones April24, 2012 LOUIS R. JONES VICE MAYOR In Reply Refer to 0046574 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 City of Virgirzia Beach April 24, 2012 PHONE: (757) 583-0177 FAX: (757) 588-4659 Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(E), Code of Virginia, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on (1) the application of Southgate Commons, LLC and Holloman Brown Funeral Home, Inc. for a Conditional Change of Zoning ("Retail and Office Use Application"); and (2) Princess Anne, H&R RE, LP for a Conditional Use Permit ("Rehabilitation Center Application"). 2. The properties that are the subject of these two applications, which would be developed as a unified development, are located on the southwest side of Princess Anne Road, southeast of its intersection with Dam Neck Road. 3. Two of the parcels (GPINs 1484899851 and 1484993900) that are the subject of the Retail and Office Use Application are owned by Holloman Brown Funeral Home, Inc. 4. I have an ownership interest in Holloman Brown Funeral Home, Inc. Holloman Brown's corporate headquarters are located at 8464 Tidewater Drive, Norfolk, Va. 1008 WITCH POINT TRAIL, VIRGINIA BEACH, VA 23455-5645 Mrs. Ruth Hodges Fraser, MMC 2 April 24, 2012 5. I wish to disclose this interest and abstain from voting on both applications. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, Louis R. Jon Vice Mayor LRJ/RRI -82 - Item -VI -J.6 ORDINANCES/RESOLUTIONS ITEM #61828 Application of BAYLAKE UNITED METHODIST CHURCH Russell Fink, Representing the Applicant, stated the Applicant agrees to additional conditions as set forth in the conditions below. The following individuals spoke in OPPOSITION: Martha Thereault, 4311 Blackbeard Road, Phone; 460-4557, stated she is a homeowner in Baylake Pines and has consulted with several attorneys and confirmed Deed restrictions are enforceable. She was assured there would not be a parking lot next to her home in a prior application and now there is a parking lot next to her home. Children are allowed to play in the parking lot and it is very noisy with screaming children. Virginia Mack, 4300 Blackbeard Road, Phone: 363-9889. Ms. Mack stated she attempted to work with this applicant even though there has been no real neighborhood input. The proposed site improvements actually do the opposite and diminish the quality of life. A commercial school has operated in their front yard and the green space has been removed. She has expressed her concerns with the applicant and would welcome concept plans for future projects. Peter Mack, 4300 Blackbeard Road, Phone: 363-9889, would like to remind City Council regarding the Variance Policy. The screening from the playground will not work due to visibility issues as you cannot go higher than four (4) feet. Marilyn Bullock, 4232 Bounty Road, Phone: 464-4271. Ms. Bullock has lived in the same residence for 30 years and is disappointed in the Church's lack of willingness to work with the community. Ms. Bullock is concerned about the effect this will have on her property as well as she is concerned for the safety of the children with the playground being so close to the road. Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/ADDED CONDITIONS, Application of BAYLAKE UNITED METHODIST CHURCH for a Conditional Use Permit re a child care center at 4300 Shore Drive (DISTRICT 4 — BAYSIDE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. Ordinance upon Application of BAYLAKE UNITED METHODIST CHURCH for a Conditional Use Permit re a child care center at 4300 Shore Drive (GPINs1479885094; 1479884223; 1479886231; 1479885119; 1479883154; 1479886198) DISTRICT 4 — BAYSIDE April 24, 2012 -83 - Item -VI -J.6 ORDINANCES/RESOLUTIONS ITEM #61828(Continued) The following conditions shall be required: 1. A Certificate of Occupancy for the new child care use shall be obtained from the Building Official's Office prior to occupancy. 2. All playground equipment shall be located no closer than fifteen (15) feet from any property line and all other accessory structures such as, but not limited to, sheds shall meet yard setbacks as required by the requirements of the Zoning Ordinance. 3. To aid in screening the playground equipment, Category I landscaping shall be installed along the fence adjacent both to Blackbeard Road and Treasure Island Road for the length of the playground, as depicted on the plan entitled, "Baylake United Methodist Church Parking Lot Improvements," dated 09/21/11, prepared by C. Allan Bamforth, Jr. and signed by Kathleen Zeren, Landscape Designer, on 10/20/11, which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 4. No more than twelve (12) children shall attend the Child Care at any one time. 5. The applicant shall plant a row of evergreen trees along the Northeast property line adjacent to the residential lot for the purpose of screening the activities on the church site from the dwelling. 6. The applicant shall locate any and all shed storage structures within the Southwestern portion of the site away from the residential lot to the Northeast. Voting: 9-2 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Harry E. Diezel and John D. Moss Council Members Absent: None April24, 2012 -84 - Item -VI -J.7 ORDINANCES/RESOLUTIONS ITEM #61829 Application of 1792 PRINCESS ANNE ROAD, L.L.C. Roger Bowers, Representing the Applicant, stated the applicant worked with Staff to revitalize the corner store in Pungo. The project will improve traffic at the intersection of Indian River and Princess Anne Roads. The Planning Commission recommended a reduced number of fueling stations. The store and restaurant is proposed as Phase I and in the future Phase II will include a garden center. The applicant wants this project to be a retail location where people will want to come back. The applicant is a long time Pungo family who wants to invest in their community. The following individuals registered to speak: Crystal Salmons, 1928 Clifton road, Phone: 409-0161 SUPPORTS this project stating this will revitalize downtown Pungo without losing the integrity of the original building. Ken Yavoich, 2668 Elson Green Avenue, Phone: 450-0049 SUPPORTS this project. Mr. Yavoich lives approximately 3 miles from the proposed project. This project will revitalize Pungo and he is very hopeful this is approved. Gene Hansen, 2313 Sandfiddler road, Phone: 469-6934 is a member of the Pungo Village Landowner's Association, as well as the Backbay/Pungo Civic League. Everyone on the Pungo Village Landowner's Association's Board would like to see Pungo revitalized but gas pumps are not the way to accomplish this. The gas pumps are not wanted, not needed and are an environmental threat. This project could become an economic and environmental nightmare. Upon motion by Council Lady Henley, seconded by Councilman Wood, City Council APPROVED and , ADDED CONDITIONS on the Applications of 1792 PRINCESS ANNE ROAD, L.L.C. at Princess Anne and Indian River Roads (DISTRICT 7 - PRINCESS ANNE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. Ordinance upon Applications of 1792 PRINCESS ANNE ROAD, L.L.C. at Princess Anne and Indian River Roads (GPIN2413024049) DISTRICT 7 - PRINCESS ANNE a. Conditional Change of Zoning from B-2 Community business and AG -2 Agricultural to Conditional B-2 Community Business The following conditions shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. b. Conditional Use Permit re an auto service station 1. When the property is developed, it shall be developed substantially in accordance with the conceptual Site Plan entitled "C. U.P./Rezoning Exhibit" submitted herewith, last revised February 14, 2012, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (herein the "Layout Plan"). April24, 2012 -85 - Item -VI -J.7 ORDINANCES/RESOLUTIONS ITEM #61829(Continued) 2. When the property is developed, the fuel sales canopy on the property shall be substantially similar in appearance to the rendering entitled "Pungo Market: View from Indian River Road" prepared by Folck West Architects which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevation"). 3. The applicant shall provide a Photometric Plan for review and approval by City staff. Canopy lighting shall not consist of drop-down or sag -lens fixtures. Flush mounted, or full cut lenses, shall be used for the canopy lighting, coordinating the illumination level for service station pump islands with the standards established by the Illuminating Engineering Society of North America. 4. Signage shall be approved through a separate sign package submitted to the current Planning Division for review and approval. No externally illuminated signage on the canopy. There shall be no other signs, (neon signs nor neon accents) installed on any wall area, on doors and/or windows, on the canopy columns or light poles of the building. 5. There shall be no signs, pennants, banners and/or flag -type signs attached to any poles and/or displayed on the site. Signage for the fuel sales shall conform to the photograph provided. 6. No outdoor vending machines, ice boxes and/or display of merchandise shall be allowed on the site. 7. The applicant shall provide onsite a Hazard Mitigation Kit for fuel spills and an accessible telephone or notification system for emergency contact of the responsible party for the site. 8. Along the Eastern boundary of the site, the applicant shall plant a mix of vegetation consisting of evergreen trees and shrubs sufficient to screen the development site from the adjacent properties to the East. This vegetated screen shall be included as part of the Landscape Plan submitted with the Development Site Plan package to the Planning Department/Development Services Center. April24, 2012 -86 - Item -VI -J.7 ORDINANCES/RESOLUTIONS ITEM #61829(Continued) Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Members Abstaining: Harry E. Diezel April24, 2012 -87 - Item -VI -J.8 ORDINANCES/RESOLUTIONS ITEM #61830 Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council DEFERRED INDEFINITELY, BY CONSENT, Application of KROLL ENTERPRISES, INC./N & K PROPERTIES, LLC AND B & W PROPERTY DEVELOPMENT, LLC for a Change of Zoning District Classification from AG -1 Agricultural, AG -2 Agricultural, R-15 Residential and B -1 Neighborhood Business to Conditional R-7.5 Residential at Nimmo Parkway and Camino Real South re family dwellings on fee -simple lots. DISTRICT 7 - PRINCESS ANNE Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 24, 2012 -88 - Item -VI -J.9 ORDINANCES/RESOLUTIONS ITEM #61831 Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, Ordinances to AMEND the City Zoning Ordinance: a. Sections 111 and 1804 defining "Indoor Play Centers" and designating such use as "incompatible" in the Clear Zone and Accident Potential Zone -1 (APZ-1); re - designating certain manufacturing uses as "compatible" in the greater than 75 dB DNL Noise Zone and in Accident Potential Zones 1 and 2; and, ADDING "Religious Uses" to Tables 1 and 2 of Section 1804 b. Section 1810 re design features for structures in APZ-1 Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 24, 2012 1 1 AN ORDINANCE TO AMEND SECTIONS 111 AND 1804 OF THE 2 CITY ZONING ORDINANCE, DEFINING "INDOOR PLAY 3 CENTERS" AND DESIGNATING SUCH USE AS 4 "INCOMPATIBLE" IN THE CLEAR ZONE AND ACCIDENT 5 POTENTIAL ZONE -1, RE -DESIGNATING CERTAIN 6 MANUFACTURING USES AS "COMPATIBLE" IN THE GREATER 7 THAN 75 DB DNL NOISE ZONE AND IN ACCIDENT POTENTIAL 8 ZONES 1 AND 2, AND ADDING "RELIGIOUS USES" TO TABLES 9 1 AND 2 OF SECTION 1804 10 Sections Amended: City Zoning Ordinance Sections 111 and 1804 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 15 OFVIRGINIA BEACH, VIRGINIA: 16 That Sections 111 and 1804 of the City Zoning Ordinance, pertaining to compatibility of 17 uses in Noise Zones and Accident Potential Zones, is hereby amended and reordained, to 18 read as follows: 19 ARTICLE 1. GENERAL PROVISIONS. 20 21 Sec. 111. Definitions. 22 For the purpose of this ordinance, words used in the present tense shall include the 23 future; words used in the singular number include the plural and the plural the singular; the use 24 of any gender shall be applicable to all genders; the word "shall" is mandatory; the word "may" 25 is permissive; the word "land" includes only the area described as being above mean sea 26 level; and the word "person" includes an individual, a partnership, association, or corporation. 27 In addition, the following terms shall be defined as herein indicated: 28 29 Indoor plav center. A type of indoor recreational facility at which indoor playground equipment, 30 inflatable play structures, soft play equipment or similar items are provided for use primarily, 31 but not necessarily exclusively, by children under twelve (12) years of age or at which 32 organized activities for such children are regularly held. 33 COMMENT 34 The amendment adds a definition of the term "indoor play center." The amendments to Section 35 1804 designate indoor play centers as "incompatible" in APZ-1 and the Clear Zone. 36 37 ARTICLE 18. SPECIAL REGULATIONS IN AIR INSTALLATIONS COMPATIBLE USE 38 ZONES (AICUZ) 39 A. OVERLAY DISTRICT REGULATIONS 40 41 Sec. 1804. - Discretionary development applications; city council policy. 42 (a) City council policy. Except as otherwise provided in this Article, it shall be the policy 43 of the city council that no application included within the provisions of section 1803 shall be 44 approved unless the uses and structures it contemplates are designated as compatible under 45 Table 1 below and, if applicable, Table 2, unless the city council finds that no reasonable use 46 designated as compatible under the applicable table or tables can be made of the property. In 47 such cases, the city council shall approve the proposed use of property at the lowest density or 48 intensity of development that is reasonable. 49 (b) Tables. The following tables show the uses designated as compatible (Y) and those 50 designated as not compatible (N) in each listed Noise Zone (Table 1) or Accident Potential 51 Zone (Table 2). The designation of any use as compatible shall not be construed to allow such 52 use in any zoning district in which it is not permitted as either a principal or conditional use. 53 54 55 TABLE 1- AIR INSTALLATIONS COMPATIBLE USE ZONES 56 57 LAND USE COMPATIBILITY 1N NOISE ZONES 2 Land Use Land Use Compatibility Land Use Name 70-75 dB DNL >75 dB DNL Cultural, entertainment and recreational Cultural activities (& churchec) Y N Religious uses Y N 2 1 58 TABLE 2 — AIR INSTALLATIONS COMPATIBLE USE ZONES 59 LAND USE COMPATIBILITY IN ACCIDENT POTENTIAL ZONES 60 61 Land Use Name Clear Zone APZ-I APZ-II Manufacturing Food & kindred products; manufacturing N N Y Y Textile mill products; manufacturing N At Y Y Apparel and other finished products; products made from fabrics, leather and similar materials; manufacturing N N Y N Y Lumber and wood products (except furniture); manufacturing N Y Y Furniture and fixtures; manufacturing N Y Y Paper and allied products; manufacturing N Y Y Printing, publishing, and allied industries N Y Y Chemicals and allied products; manufacturing N N N Petroleum refining and related industries N N N Rubber and misc. plastic products; manufacturing N N N Stone, clay and glass products; manufacturing N N Y Y Primary metal products; manufacturing N t4 Y Y Fabricated metal products; manufacturing N N Y Y Professional scientific, & controlling instrument; photographic and optical goods; watches & clocks N N Y N Y Miscellaneous manufacturing N Y Y 60 61 62 Cultural, entertainment and recreational Cultural activities N N N Religious uses N N Y Nature exhibits N Y Y Public assembly N N N Auditoriums, concert halls N N N Outdoor music shells, amphitheaters N N N Outdoor sports arenas, spectator sports N N N Indoor recreational facilities N Y Y Indoor play centers N N Y Campgrounds N N N Parks N Y Y Other cultural, entertainment and recreation N Y Y Agriculture (except livestock) Y Y Y 63 64 COMMENT 65 The amendments (1) re -designate certain types of manufacturing uses from "Incompatible" to 66 "Compatible" within APZ-1 (TWO such uses are also re -designated as "Compatible" in APZ-2); (2) change 67 the term "churches" to "religious uses"; and (3) designate "indoor play centers" as "Incompatible" in APZ- 68 I. 69 The amendments do not change the substantive treatment of religious uses in either Table 1 or Table 70 2; they simply call out the specific term "religious uses" in Table 1 and Table 2. The current language is 71 confusing because in OPNAV Instruction 11010.36C, which is the basis for the tables in the ordinance, 72 "churches" are listed with "cultural activities" in Table 1, but in Table 2 are treated as "miscellaneous" 73 without being called out specifically. 74 75 Adopted by the City Council of the City of Virginia Beach, Virginia on the 24th day 76 of April , 2012. 77 78 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIE Y: 79a)dite 80 81 Planning De City Attorney's Office 4 82 83 CA-12112 84 R-5 85 February 2, 2012 5 Item #13 City of Virginia Beach Ordinance to amend Sections 111 & 1804 March 14, 2012 CONSENT An Ordinance to amend Sections 111 and 1804 of the City Zoning Ordinance, defining "Indoor Play Centers" and designating such use as "Incompatible" in the Clear Zone and Accident Potential Zone -1, re -designating certain Manufacturing uses as "Compatible" in the Greater than 75 dB DNL Noise Zone and in Accident Potential Zones 1 and 2, and adding "Religious Uses" to Tables 1 and 2 or Section 1804. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE ABSENT By a vote of 10-0, the Commission approved item 13 by consent. Karen Lasley appeared before the Commission. 1 AN ORDINANCE TO AMEND SECTION 1810 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO COMPREHENSIVE PLAN 4 REFERENCES FOR DESIGN FEATURES 5 FOR STRUCTURES LOCATED IN APZ-1 6 7 Section Amended: § 1810 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 1810 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 1810. - Design, etc., features; notice. 19 20 (a) Any of the uses enumerated in Section 1809 shall be allowed as a principal use in 21 the zoning districts designated therein if, in addition to all other applicable requirements 22 of this ordinance, the Planning Director finds that the utilization of the following features 23 is clearly sufficient to prevent any adverse impacts to residential or apartment uses or 24 other property within APZ-1: 25 26 .... 27 28 (7) Where adjacent to residential or apartment districts, enhanced landscape 29 buffering exceeding applicable requirements, both qualitatively and quantitatively, 30 is provided; and 31 32 (8) Building design and exterior building materials substantially conform to such of 33 the "Design Guidelines for Primary Rccidential Arcaa" set forth in the 34 Comprehensive Plan Reference Handbook (General Community Appearance 35 Guidelines, Special Area Development Guidelines and Special Purpose 36 Guidelines, as set forth in the Comprehensive Plan Reference handbook, as well 37 as the design recommendations of any Strategic Growth Area Plan as are 38 applicable 39 COMMENT This amendment will bring this section regarding APZ-1 design features in to conformity with the provisions of the current Comprehensive Plan and any SGAs that have been adopted. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of April , 2012. APPROVED AS TO CONTENT: CA12121 R-2 February 6, 2012 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 1 Item #14 City of Virginia Beach Amendment to Section 1810 March 14, 2012 CONSENT An Ordinance to amend Section 1810 of the City Zoning Ordinance pertaining to Comprehensive Plan references for Design Features for structures located in APZ-1. SUMMARY OF AMENDMENT The proposed amendments to the Zoning Ordinance pertain to the City's Air Installations Compatible Use Zones (AICUZ) regulations. The purpose of the amendments is to correctly designate the standards to be used when evaluating the design elements of a proposal submitted with an application for a Use Permit in Accident Potential Zone (APZ-1). Sections 1809 and 1810 of the Zoning Ordinance provide the regulations for such a Use Permit. Section 1810(a)(8) referred to a section of the Comprehensive Plan that is no longer part of the Plan. When the current Comprehensive Plan was adopted, the design guidelines in the presently referred to section were revised and integrated with other design guidelines that are part of the current Comprehensive Plan. The proposed amendments delete the reference to the section of the Plan that is no longer valid and clarifies the guidelines that are to be used when evaluating APZ-1 Use Permits. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 14 by consent. Karen Lasley appeared before the Commission. -89 - Item -VI -J.10 ORDINANCES/RESOLUTIONS ITEM #61832 Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the Comprehensive Plan re the March 2012 Lynnhaven Strategic Growth Area Master Plan and revising the Policy Document Voting: 10-1 (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, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: None April24, 2012 1 1 AN ORDINANCE TO AMEND THE COMPREHENSIVE 2 PLAN BY ADOPTING THE LYNNHAVEN STRATEGIC 3 GROWTH AREA MASTER PLAN, MARCH 2012 AND 4 REVISE THE POLICY DOCUMENT 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 WHEREAS, the Strategic Growth Area Master Plan for the Lynnhaven Area has 10 been developed with extensive input from the community and all stakeholders; 11 12 WHEREAS, there are several revisions that are necessary to bring the adopted 13 Comprehensive Plan into conformity with the Lynnhaven Strategic Growth Area Master 14 Plan, March 2012; and 15 16 WHEREAS, the Lynnhaven Strategic Growth Area Master Plan, March 2012, and 17 the attached revisions to the Policy Document should be adopted as part of the 18 Comprehensive Plan. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, 24 amended and reordained by: 25 26 1. The adoption of the Lynnhaven Strategic Growth Area Master Plan, March 27 2012. Such document is made a part hereof, having been exhibited to the City Council 28 and is on file in the Department of Planning; and 29 30 2 The revision of the Policy Document, pertaining to the Lynnhaven 31 Strategic Growth Area Master Plan, March 2012 as shown on the attached document 32 entitled "Comprehensive Plan Policy Document Revisions, Chapter 2: Urban Area, 33 Strategic Growth Area 6-Lynnhaven, March 2012." Such document is made a part 34 hereof, having been exhibited to the City Council and is on file in the Department of 35 Planning. 36 37 COMMENT 38 39 The ordinance amends the Comprehensive Plan by the adoption of the Lynnhaven Strategic 40 Growth Area Master Plan, March 2012. The current provisions of the Comprehensive Plan 41 pertaining to this area are revised to reflect the adoption and relevant provisions of the Lynnhaven 42 SGA Master Plan. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on this 24th 45 day of April , 2012. 46 47 APPROVED AS TOcONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning epartment CA12190 R-2 March 2, 2012 City £ ttorney's Office 2 Comprehensive Plan Policy Document Amendment Chapter 2: Urban Area Strategic Growth Area 6 Lynnhaven March 2012 (Text to be deleted is shown as strik" h eug . Text to be added is underlined.) (Pages 1-10, 3-4 through 3-6, 3-27 through 3-32, and 4-1 through 4-18, Policy Document: Text to be deleted is shown as strikethrough. Text to be added is underlined. Map deletions and additions in bold.) Comprehensive Plan Land Use Map page 1-10 Delete the following map: arale,<ween eatY.«, Bun. Ranee I Pemba.. Roseman nMam Legend Ep.clra d Manna. h In ...Lae Meilen axe. ma.; MI Special Economia Mewl. Ames lMONO Q &bub. lean Am IEIAI en Newest Am. Common. Tenwtiwl Mee « _tory xwrrm. Plumed Laid Use bbabn - pens and Open %MM. Owner Wan 100 weal -EMa (Ci ow« camnnl+l cmta. Own CawnMny 4e. Comprehensive Plan Map 1 Replace with the following map: Chesapeake Bay =or 0 hip Strategic Growth Areas tSGAsi 1 Burton astral 2 Centerville/Regent 3 Newtown 4. Pembroke 5 Rosem 4 6. Lynnhaven 7 Hilltop 6. Resort Area Ligand Spada zed Manning Future' ® Strategic Growth Area I SGAs/ cp Special Economic Growth Area I SEGAsI CD Suburban Focus Area ISFA) — • GreenlIne Transition Area IRNtary installations Manned Land U. Suburban • Parks and Open Space (larger than 100 acres) $� Rural Ci Maar Commercial Canter Rural Community Area North Carolina Comprehensive Plan Map 2 Page 2-2, Policy Document Delete the following map: Stlategm Growth Areas (5G4'sl t. Burton Station 2. CertervilleRegenl 3. Newtown 4 t Oke 5 Rosemont 6 Lyrvtlaven 7. I-Mlltop 8 Resort Area 8 Strategic Growth Areas Replace with the following map: Streregw Growth Areas (SGA: AI RUnenS1a6W, 2 Ceree,NlieRtege!, Peretonm 4 RernMoae Ros vast 5 Lynnheven i ween 8 Ream Al. 8 Strategic Growth Areas 1 Pages 2-24 et seq. P. 2-24 STRATEGIC GROWTH AREA 6 LYNNHAVEN DESCRIPTION This The Lynnhaven Strategic Growth Area takes its name and heritage from the Lynnhaven River system that is a major presence throughout. It is generally bounded by the Rosemont Strategic Growth Area to the west, the Hilltop Strategic Growth Area to the east, and NAS Oceana to the southeast. The area is The entire area is ' a high ^ e and heavily impacted by AICUZ restrictions associated with flight patterns at NAS Oceana, including noise zones and two accident potential zones. The area is characterized by a good contrast in types, intensity, and quality of land uses. This gateway to the Great Neck peninsula exhibits an excessive number of nonconforming signs overhead utilities, roadway access points and building and site designs. Much of this is due to the area being one of the oldest commercial areas in the City, and its retrofit with a modern roadway system has improved function more than appearance. This SGA is attractive to businesses seeking easy access to transportation and serving the vast residential areas surrounding it. It offers an 1-264 Interchange, including new on-off ramps to London Bridge Road, three major crossing arterial connections, and is under study for a potential future transit stop. Page 2-24 Delete the following map: 4 i Replace with the following map: PP. 2-25 et seq. VISION The vision for the Lynnhaven SGA, available in the online document library at www.ourfuturevb.com, is based on the following Design Principles: • Enable a clear and easy -to -access open space and recreation network; • Capitalize on the value of the water and marshlands; • Meet the Chesapeake Bay Act mandates to protect and restore the Lynnhaven River and its tributaries, • Locate compatible uses that are consistent with the APZ-1 CZ Master Plan, APZ Zones, and AICUZ restrictions; • Strengthen existing neighborhoods through providing community services and convenience retail; • Improve multi -modal connections from the adjacent neighborhoods; • Connect future transit to employment, recreational destination, and park-and-ride; • Enable flexible development sites and building types to respond to ever-changing market needs and development programs; • Coordinate transportation planning and development; and • Build on the existing good balance between homes, jobs, and services. These design principles are exemplified in the illustrative component of the Master Plan as a way to transform aging or under-utilized commercial properties into a higher intensity, pedestrian -friendly 5 employment and lifestyle center in a transit -ready setting, which is better -oriented to the Lynnhaven River system. AICUZ-compatible uses will occupy a variety of character areas, including: a non- residential, Mixed -Use District consisting of office and retail uses; an Innovation Zone containing two light industrial areas; Riverfront Development , including office and entertainment uses and an open space network with trails; Residential Development, offering a variety of housing choices at a variety of price points, including single-family detached and attached, and multi -family residential neighborhoods; a Lifestyle Center for shopping and public spaces; and Highway -Oriental Retail. Through this transformation, the Lynnhaven River system can become the central and most attractive address in the SGA. Improved access from surrounding neighborhoods and greater internal mobility will be achieved through new streets and an open space -trails network. A potential new transit station at the center of this SGA can provide a park-and–ride lot, walking connections to nearby office uses, and transfer service to Lynnhaven Mall. LYNNHAVEN RECOMMENDATIONS feaftway-Fnebilitw *—Due to AICUZ rest ictiees, r^�tia-1-er l clue a of - nded Delete the following images: Exiting Ga el 6 Quality O ice Dcb,clepmcnt NON-RESIDENTIAL MIXED USE DEVELOPMENT DISTRICT • Generally located between Virginia Beach Boulevard and Interstate 264, this area is a prime location for a range of non-residential uses, including existing uses, which over time can be better organized to support the urban character goals of the City's SGAs and be transit - supportive, as it is within easy walking distance of a potential transit station. New development blocks are created to accommodate new office development in an urban, pedestrian -friendly "neighborhood center." With supporting retail to build on the existing strength of the area as a major employment center, this district will be well position as a transit -ready development. 7 Insert the following graphics: Non -Residential Mixed Use District Aerial Perspective Looking North over Potential Transit Station and Mixed -Use Area 8 INNOVATION ZONE • The Innovation Zone provides development opportunities for small start-up businesses and technology innovation in two areas in this SGA. The first zone along Dean Drive is a small complex of buildings that accommodate a flexible range of working spaces, including existing light industrial uses, in buildings oriented with minimal setbacks from Dean Drive and parking to the rear to produce a more walkable district. Amenities such as outdoor gathering, seating, and dining spaces provide places for visitors and businesses to enjoy along the waterfront. The current site's proximity to the river adds to the uniqueness of the address and sets a standard for development that is sensitive to the natural environment. New vehicular access into the Innovation Zone is provided from Southern Boulevard and bike -ped mobility is improved from the transit station and adjacent neighborhood. The City may elect to acquire property as a public parking resource available to employees and visitors to the district, as well as for river and trail users. The second zone is on the east side of London Bridge Road, just south of Interstate 264 on the site of the former London Bridge Commerce Center to which compatible APZ-1 light industrial users can be relocated from other parts of the City. Insert the following graphics: Innovation Zone along Dean Drive 9 Innovation Zone — Former London Bridge Commerce Center on London Bridge Road RIVERFRONT DEVELOPMENT DISTRICT • The Lynnhaven River and London Bridge Creek system is a major natural amenity that can create addresses for office space with spectacular views and allow commercial uses to capitalize on outdoor space. The Riverfront Development District provides the opportunity to integrate public access with new "front doors" to development sites from the open space system. Turning development sites towards the river and the open space allows existing sites along the river to better capitalize on the amenity, create new development opportunities, and organize the way redevelopment evolves. Several key retail redevelopment sites have access points to the natural systems, which are presently either invisible or publicly inaccessible. Redevelopment is encouraged to open up these access points and allow shared access to the water. 10 1 Insert the following graphics: Perspective of London Bridge Creek waterfront development looking south from rail corridor trail Detail of Lynnhaven Riverfront/London Bridge Creek Area 11 RESIDENTIAL DEVELOPMENT DISTRICT • Residential development is not permitted to increase in density from approved zoning due to AICUZ restrictions. There are small pockets of existing residential zoning that offer potential redevelopment sites with equal or lesser residential density than what currently exists on site. This new residential development may be lined with a mix of townhomes and smaller multi -family buildings at a scale appropriate to adjacent existing residential neighborhoods, and should include housing at different price points, including affordable housing. Narrower sidewalks with a verge for plantings and deeper setbacks are important in providing suitable and functional streetscapes for walkable and pedestrian -friendly neighborhoods. By providing a deeper setback for front or side yard, the private and public zones are more clearly defined. Additionally, new residential units will have the advantage of incorporating sound attenuating requirements called for in the AICUZ program. Insert the following graphics: Detail of New Residential Development on Oconee Avenue Example of Townhouse and Multi -Family Residential Development 12 i LIFESTYLE CENTER • The Lifestyle Center orients buildings to face along a secondary road network and central green space to better provide a safe, accessible retail address. The central green space is the ideal place for passive recreation, outdoor cafe seating, and for visitors to congregate while shopping. Streets with wide sidewalks encourage pedestrian traffic. This design can be phased over time. Old retail buildings can be replaced with new modern buildings on an incremental basis. A new urban format grocery store can be built with parking on the roof and store space oriented to the new street at ground level, freeing up space for additional retail development and increasing the density and utilization of this property. Insert the following graphic: Detail of London Bridge Plaza Lifestyle Center — Great Neck Road and Virginia Beach Boulevard HIGHWAY -ORIENTED DEVELOPMENT DISTRICT • Currently, Interstate 264 access is free, but there is discussion of future tolls being implemented. Tolls would invariably place increased travel demand on Virginia Beach Boulevard, therefore making the boulevard less conducive to human -scaled development within the Lynnhaven SGA, with the exception of key nodes close to transit. Many of the existing retail buildings and adjacent uses along Virginia Beach Boulevard are nearing the end of their life spans. As they are redeveloped, they are recommended to do so as small retail buildings or office buildings with parking in the rear. This will provide a more reasonably -scaled street frontage, while remaining easily accessible and visible to traffic 13 1 along the boulevard. Adequate, naturalized stormwater facilities area also encouraged within this district. Insert the following graphic: Example of Highway -Oriented Development along Virginia Beach Boulevard at Interstate 264 14 1 Item #27 City of Virginia Beach Amendment to Comprehensive Plan/Lyrmhaven SGA March 14, 2012 CONSENT An Ordinance to amend the Comprehensive Plan by Adopting the Lynnhaven Strategic Growth Area Master Plan, March 2012, and revising the Policy Document. RECOMMENDATION The Lynnhaven Strategic Growth Area Master Plan is the result of an extensive public participation process involving area residents, commercial property owners, business owners, places of worship and special interests, such as environmental, recreation and open space, preservation and regional interest groups, City staff from multiple departments and other stakeholders. This master plan provides guidance to assist in creating a sense of place for this SGA within its many unique components. The master plan sets a framework for continued growth of this SGA in a direction that reflects and celebrates the area's history, acknowledges existing conditions, is sensitive to the environment, and responds to the challenges of transportation, infrastructure needs and AICUZ regulations. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE ABSENT By a vote of 10-0, the Commission approved item 27 by consent. Jeryl Phillips appeared before the Commission. 1 -90- Item -VI-M APPOINTMENTS ITEM #61833 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ARTS and HUMANITIES COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS MINORITY BUSINESS COUNCIL TOWING ADVISORY BOARD April 24, 2012 -91 - Item -VI-M APPOINTMENTS ITEM #61834 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: JoAnn Augone 3 year term 05/15/2012 — 05/14/2015 AUDIT COMMITTEE Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April24, 2012 -92 - Item -VI-M APPOINTMENTS ITEM #61835 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Cynthia F. Harrison — Family Member Unexpired term thru 12/31/2012 plus 3 years thru 12/31/2015 COMMUNITY SERVICES BOARD Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April24, 2012 -93 - Item -VI-M APPOINTMENTS ITEM #61836 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Stevan Troutman No Term OLD BEACH DESIGN REVIEW COMMITTEE Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 24, 2012 -94 - Item -VI-P ADJOURNMENT ITEM #61837 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 11:04 P.M. Ama da Fin Barnes, CMC Deputy City Clerk uth Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia April 24, 2012 -94-- Item -VI-P ADJOURNMENT ITEM #61837 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 11:04 P.M. Aminda Finley -Barnes, CMC Deputy City Clerk R Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia Wil is '1 ' essoms, Jr. Mayor April24, 2012