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HomeMy WebLinkAboutJANUARY 8, 2013 MINUTESI CITY 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. DeSTEPH, At -Large AMELIA N. ROSS-HAMMOND, Kempsville - District 2 ROBERT M. 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 -Loge JAMES L. WOOD, Lvnnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY- MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 08 JANUARY 2013 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- MAIL: Crycncl@vbgov.com I. CITY COUNCIL LIAISON REPORTS II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 4:30 PM 5:00 PM V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION - Reverend E. Ray Cox, Sr. Pastor, New Hope Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. CEREMONIAL OATH OF OFFICE — Mayor William D. Sessoms, Jr. Presiding: The Honorable Glenn R. Croshaw Judge, Virginia Beach Circuit Court E. CEREMONIAL OATH OF OFFICE: VIRGINIA BEACH CITY COUNCIL Presiding: The Honorable Glenn R. Croshaw Judge, Virginia Beach Circuit Court Glenn R. Davis — Council Member, District 3- Rose Hall Amelia N. Ross -Hammond — Council Member, District 2 — Kempsville Robert M. Dyer, Council Member, District 1 — Centerville Rosemary Wilson, Council Member, At -Large F. ELECTION OF THE VICE MAYOR G. OATH OF OFFICE — VICE MAYOR Presiding: The Honorable Glenn R. Croshaw Judge, Virginia Beach Circuit Court H. MAYOR'S FORMAL SEATING OF VIRGINIA BEACH CITY COUNCIL I I. VICE MAYOR and CITY COUNCIL COMMENTS J. MAYORS MESSAGE K. ELECTRONIC ROLL CALL OF CITY COUNCIL L. CERTIFICATION OF CLOSED SESSION M. MINUTES 1. INFORMAL and FORMAL SESSIONS December 11, 2012 N. FORMAL SESSION AGENDA 1. CONSENT AGENDA O. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE temporary encroachments into a portion of City -owned drainage easement for James Jr. and Kelli Howerin to allow existing fence, bulkhead, pier and ramp to remain and to install/maintain riprap at 4401 Jeanne Street, DISTRICT 5 - LYNNHAVEN 2. Ordinances to ACCEPT and APPROPRIATE to the Fire Department's FY 2012-13 Operating Budget: a. $31,700 from the U.S. Department of Homeland Security to continue the Citizen Corps Council (CCC) and the Community Emergency Response Team (CERT) programs b. $25,000 from the Virginia Department of Emergency Management re Tidewater Regional Heavy Tactical Rescue Team for equipment, training and exercises 3. Ordinance to TRANSFER $200,000 from the General Fund Reserve re marketing, promotion and coordination of the City's 50th Anniversary Events a. $100,000 to Virginia Beach Events Unlimited (VBEU) b. $ 50,000 to the Central Business District Association (CBDA) c. $ 50,000 to the Office of the City Clerk re Sister Cities' (SCAVB) events I P. PLANNING 1. Application of ARMADA HOFFLER TOWER 4, LLC & TCA BLOCK 4 RETAIL, LLC for a Conditional Use Permit re a private university/college (expansion of Hampton University and the College of Virginia Beach) at 222 Central Park Avenue DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 2. Application of TAMMY and CHARLES BODIE for a Conditional Use Permit re a residential kennel at 770 Glenshire Drive DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 3. Application of DAVE and BUSTERS, INC and LYNNHAVEN MALL L.L.C. for a Conditional Use Permit re an indoor recreational/entertainment (concentrated games) at 701 Lynnhaven Parkway DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 4. Application of TOWN CENTER ASSOCIATES 11, LLC for a Conditional Use Permit re multifamily dwellings at Block 11 (Phase V), bounded by Main Street, Constitution Drive, Columbus Street and Town Center Drive DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 5. Application of KEVIN PATRICK ROMAINE/FREEMAN TRUST for a Change of Zoning from B-2 Community Business to AG -2 Agricultural District re residential dwelling at 5677 Morris Neck Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL Q. APPOINTMENTS BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION R. UNFINISHED BUSINESS 1 S. NEW BUSINESS T. ADJOURNMENT **************************** PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** ******************* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************** CITY COUNCIL SESSIONS January, 2013 January 15 Workshop January 22 Briefing, Informal, Formal January 29 Fifth Tuesday, No Sessions 4:00 — 6:00 P.M. 6:00 P.M. CITY COUNCIL RETREAT Economic Development Conference Room February 4-5, 2013 -1 - VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 8, 2013 Mayor William D. Sessoms, Jr. called to order the City Council Meeting, in the City Council Conference Room, Tuesday, January 8, 2013, at 4:30 P.M. Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Absent: Barbara M. Henley (Mother Passed Away 01/07/2013) January 8, 2013 -2 - CITY COUNCIL COMMENTS 4:30P.M. Mayor Sessoms expressed sympathy to Council Lady Henley for the passing of her Mother. Mayor Sessoms welcomed Council Lady Ross -Hammond and advised he is looking forward to working with her for the next four (4) years. ITEM #62460 Mayor Sessoms advised the proposed Arena Deal is "DEAD" as an agreement was not met in time for the City to go to Richmond and request funds from the State. Mayor Sessoms requested Councilman Dyer continue to work with the public in an effort to ascertain the feelings of citizens regarding the idea of an Arena. ITEM #62461 Councilman Wood advised he requested the City Attorney prepare a "Legal Opinion " for him regarding "The Legality of Trap, Neuter and Release Programs" in response to a question raised by the Animal Control Advisory Board. Councilman Wood wanted everyone to be aware of this document as he expects it to be considered during the 2013 General Assembly Session. ITEM #62462 Councilman Davis requested clarification from the Mayor regarding the Arena Deal being "dead" or is the deal simply in a "holding pattern"? Mayor Sessoms advised the deal is "dead" for now due to no agreement being reached. Without a formal document, the City cannot request funding from the State and the negotiations cannot go forward without the State participating in funding. ITEM #62463 Councilman Moss requested information regarding how many positions the Governor's Education funding would not cover and if the General Assembly would allow the City to take the total amount of the funds and disburse them over all School employees. Mr. Spore stated he and the Superintendent had discussed this and would get more information together for distribution to City Council. January 8, 2013 -3- CITY COUNCIL COMMENTS (Continued) ITEM #62464 Councilman Dyer expressed his appreciation to the Mayor for the kind words and is happy to continue as the City Council Liaison and dialogue with the Citizens. Councilman Dyer advised the group that attended the meeting was not a "rubber stamp" group of individuals. They asked some very good questions and he feels it is a major benefit to have all of the comments. January 8, 2013 -4 - AGENDA REVIEW SESSION 4:40 P.M. ITEM #62465 BY CONSENSUS, the following shall compose the CONSENT AGENDA: O. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE temporary encroachments into a portion of City -owned drainage easement for James Jr. and Kelli Howerin to allow existing fence, bulkhead, pier and ramp to remain and to install/maintain riprap at 4401 Jeanne Street, DISTRICT 5 - LYNNHAVEN 2. Ordinances to ACCEPT and APPROPRIATE to the Fire Department's FY 2012-13 Operating Budget: a. $31,700 from the U.S. Department of Homeland Security to continue the Citizen Corps Council (CCC) and the Community Emergency Response Team (CERT) programs b. $25, 000 from the Virginia Department of Emergency Management re Tidewater Regional Heavy Tactical Rescue Team for equipment, training and exercises 3. Ordinance to TRANSFER $200, 000 from the General Fund Reserve re marketing, promotion and coordination of the City's 50'" Anniversary Events a. $100, 000 to Virginia Beach Events Unlimited (VBEU) b. $ 50,000 to the Central Business District Association (CBDA) c. $ 50,000 to the Office of the City Clerk re Sister Cities' (SCAVB) events January 8, 2013 -5 - AGENDA REVIEW SESSION ITEM #62465 (Continued) BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: P. PLANNING 1. Application of ARMADA HOFFLER TOWER 4, LLC & TCA BLOCK 4 RETAIL, LLC for a Conditional Use Permit re a private university/college (expansion of Hampton University and the College of Virginia Beach) at 222 Central Park Avenue DISTRICT 5 - LYNNHAVEN 2. Application of TAMMY and CHARLES BODIE for a Conditional Use Permit re a residential kennel at 770 Glenshire Drive DISTRICT 2 - KEMPSVILLE 3. Application of DAVE and BUSTERS, INC and LYNNHAVEN MALL L.L.C. for a Conditional Use Permit re an indoor recreational/entertainment (concentrated games) at 701 Lynnhaven Parkway DISTRICT 3 - ROSE HALL 4. Application of TOWN CENTER ASSOCIATES 11, LLC for a Conditional Use Permit re multifamily dwellings at Block 11 (Phase V), bounded by Main Street, Constitution Drive, Columbus Street and Town Center Drive DISTRICT 5 - LYNNHAVEN 5. Application of KEVIN PATRICK ROMAINE/FREEMAN TRUST for a Change of Zoning from B-2 Community Business to AG -2 Agricultural District re residential dwelling at 5677 Morris Neck Road DISTRICT 7 — PRINCESS ANNE Item #5 shall be considered separately as a speaker is registered. January 8, 2013 - 6 - ITEM#62466 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A) (1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY -HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly -held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of City Property: Beach District January 8, 2013 -7 - ITEM# 62466(Continued) Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION at 4:44 P.M Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Barbara M Henley (Closed Session 4:44 P.M. - 5:10 P.M.) January 8, 2013 -8 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 8, 2013 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, January 8, 2013, at 6:00 P.M. Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Barbara M Henley INVOCATION: Reverend E. Ray, Cox, Sr. Pastor, New Hope Baptist Church PLEDGE OFALLEGL4NCE 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. January 8, 2013 -9 - 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 identing any matters in which she might have an actual or potential conflict. If during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of 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 identing any matters in which she might have an actual or potential conflict. If during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson 's letter of January 27, 2004, is hereby made a part of the record. January 8, 2013 -10 - Mayor Sessoms acknowledged Boy Scout Troop 417 from Larkspur Middle School and Boy Scout Troop 79 in attendance: BOY SCOUT TROOP 79 Clark Berlin Trevor Greaney Nick Hazelbaker Michael Johnson Max Kennedy Alex Kizler James Kizler Erol Lambiro Paul Movizzo David Payne Trevor Roberts Connor Tembe Casey Thout Cooper Van Scoyoc January 8, 2013 Item V -D OATH OF OFFICE ITEM #62467 Mayor William D. Sessoms, Jr. The Honorable Glenn R. Croshaw, Judge, Virginia Beach Circuit Court PRESIDED and delivered the Oath of Office to the Mayor: The Honorable William D. Sessoms, Jr. Mayor At Large 4 -Year Term January 1, 2013 — December 31, 2016 Item V -G.1. January 8, 2013 - 12 - Item V E CEREMONIAL OATH OF OFFICE ITEM# 62468 VIRGINIA BEACH CITY COUNCIL The Honorable Glenn R. Croshaw, Judge, Virginia Beach Circuit Court PRESIDED and delivered the Oath of Office to the newly elected and re-elected Members of City Council: Glenn R. Davis Rose Hall — District 3 Amelia N. Ross -Hammond Kempsville — District 2 Robert M. Dyer Centerville - District 1 Rosemary Wilson At Large 4 -Year Terms January 1, 2013 — December 31, 2016 January 8, 2013 - 13 - Item V -F ELECTION OF VICE MAYOR ITEM #62469 Upon NOMINATION by Councilman Dyer, City Council ELECTED: Louis R. Jones Bayside - District 4 Vice Mayor 2 -year term January 1, 2013 — December 31, 2014 Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Barbara M. Henley Council Members Abstaining: Vice Mayor Louis R. Jones January 8, 2013 -14 - Item V -G OATH OF OFFICE — VICE MAYOR ITEM #62470 The Honorable Glenn R. Croshaw, Judge, Virginia Beach Circuit Court PRESIDED and delivered the Oath of Office to the newly elected Vice Mayor: Louis R. Jones Bayside - District 4 Vice Mayor 2 -year term January 1, 2013 — December 31, 2014 January 8, 2013 -15- V -H FORMAL SEATING OF ITEM #62471 VIRGINIA BEACH CITY COUNCIL Mayor William D. Sessoms, Jr., presented the FORMAL SEATING OF CITY COUNCIL: Mayor William D. Sessoms, Jr. Vice Mayor Louis R. Jones Barbara M. Henley Rosemary Wilson Robert M. Dyer James L. Wood William R. DeSteph John E. Uhrin Glenn R. Davis Amelia N. Ross-Hammod John D. Moss January 8, 2013 -16- ITEM —V -I VICE MAYOR and ITEM #62472 CITY COUNCIL COMMENTS 1 The Mayor and newly elected members of City Council introduced their families in attendance: Council Lady Ross -Hammond expressed her appreciation to everyone for their support. Council Lady Wilson stated it is an honor and privilege to be reelected She expressed her love for the City and thanked everyone that helped in her reelection. Councilman Davis is honored that the Citizens reelected him and is proud of all that was accomplished over the last four (4) years. Councilman Dyer reiterated that it is a privilege to be reelected and is humbled to work with the public body. He is also very proud to be a part of this wonderful City. January 8, 2013 -17 - ITEM —V -J MAYOR'S MESSAGE ITEM #62473 Mayor Sessoms expressed his appreciation to everyone for allowing him to serve as the Mayor to the "Greatest City in the World". Mayor Sessoms stated he has the greatest respect for everyone sitting at the dais and for every single City employee for making this a great City. January 8, 2013 Item - V L CERTIFICATION -18- ITEM #62474 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, 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: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Barbara M. Henley January 8, 2013 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 #62466 Page 7, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. uth Hodges Fraser, MMC City Clerk January 8, 2013 Item -V-M.1 MINUTES -19- ITEM #62475 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of December 11, 2012. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Barbara M. Henley January 8, 2013 -20 - ADOPT AGENDA FOR FORMAL SESSION ITEM #62476 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION January 8, 2013 -21 - Item -V-O ORDINANCES ITEM #62477 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE MOTION, Items 1, 2a/b and 3a/b/c. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Barbara M Henley January 8, 2013 -22 - Item -V-0.1 ORDINANCES ITEM #62478 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City -owned drainage easement for James Jr. and Kelli Howerin to allow existing fence, bulkhead, pier and ramp to remain and to install/maintain riprap at 4401 Jeanne Street, (GPI1V) DISTRICT 5 — LYNNHAVEN The following questions shall be required: 1. The Grantee to maintain an existing chain link fence, wooden bulkhead, wooden pier and concrete ramp and to construct and maintain rip rap, collectively, the "Temporary Encroachments" in the City of Virginia Beach. 2. In constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of an existing fifty foot (50') City public drainage easement, the "Encroachment Area ". 3. The Grantee has requested the City permit the Temporary Encroachments be within the Encroachment Area. 4. In consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand, paid to the City, receipt of which is hereby acknowledged, the City hereby grants the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. 5. The Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 6. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity; and, Grantee shall bear all costs and expenses of such removal. 7. The Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and the Grantee will bear all costs and expenses of such removal. 8. The Grantee shall indemnify, hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. 9. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 10. The Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. January 8, 2013 -23 - Item -V-O.1 ORDINANCES ITEM #62478(Continued) 11. The Grantee must obtain a building permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area. 12. The Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500, 000.00 per person injured and property damage per incident combined with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachments. 13. The Temporary Encroachments must conform to the minimum setback requirements as established by the City. 14. The Grantee must submit, for review and approval a survey of the Encroachment Area Certified by a Registered Professional Engineer or a Licensed Land Surveyor and/or "as built" plans of the Temporary Encroachments sealed by a Registered Professional Engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. 15. The City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and, pending such removal, the City may charge the Grantee for the use of the Encroachment Area the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day the Temporary Encroachments are allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. January 8, 2013 -24 - Item -V-O.1 ORDINANCES ITEM #62478(Continued) Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Barbara M. Henley January 8, 2013 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 A PORTION OF THE CITY'S PUBLIC 6 50' DRAINAGE EASEMENT LOCATED 7 ADJACENT TO 4401 JEANNE STREET 8 BY JAMES HOWERIN, JR. AND KELLI 9 HOWERIN. 10 11 WHEREAS, James Howerin, Jr. and Kelli Howerin desire to encroach into a 12 portion of the City's 50' public drainage easement that crosses the rear portion of their 13 property located at 4401 Jeanne Street to allow an existing chain link fence, wooden 14 bulkhead, wooden pier and concrete ramp to remain and be maintained and to install 15 and maintain riprap with the City's 50' public drainage easement located at 4401 16 Jeanne Street, in the City of Virginia Beach, Virginia. 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 20 City's public drainage easements subject to such terms and conditions as Council may 21 prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, James Howerin, Jr. and Kelli 28 Howerin, their heirs, assigns and successors in title are authorized to maintain a 29 temporary encroachment for an existing chain link fence, wooden bulkhead, wooden 30 pier and concrete ramp and to construct and maintain a temporary encroachment for 31 proposed riprap with the City's 50' public drainage easement as shown on the map 32 marked Exhibit "A" and entitled: "EXHIBIT A WATERFRONT ENCROACHMENTS 33 4401 JEANNE STREET VIRGINIA BEACH, VIRGINIA," Scale: 1" = 50', dated June 15, 34 2012, a copy of which is on file in the Department of Public Works and to which 35 reference is made for a more particular description; and 36 37 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 38 subject to those terms, conditions and criteria contained in the Agreement between the 39 City of Virginia Beach and James R. Howerin, Jr. and Kelli Howerin (the "Agreement"), 40 which is attached hereto and incorporated by reference; and 41 42 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 43 hereby authorized to execute the Agreement; and 44 45 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 46 time as James Howerin, Jr., Kelli Howerin and the City Manager, or his authorized 47 designee, execute the Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day 50 of January , 2013. CA12386 R-1 PREPARED: 12/17/12 \\vbgov.com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d019\p015\00050931.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM BLIC WORKS, REAL ESTATE iJ YI RN EY X:\CADD\Projects\ARC Files\AGENDA MAPS\Jeanne St\1477-68-9266.mx PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this Hel day of )Ete-MOIEP , 20142 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JAMES HOWERIN, JR. and KELLI HOWERIN, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 30, Block 42"; as shown on that certain plat entitled: "SUBDIVISION OF PEMBROKE MANOR SECTION FOUR BAYSIDE BOROUGH CITY OF VIRGINIA BEACH, VA. Scale: 1" = 100' January 3, 1964, prepared by FRANK D. TARRALL, JR. & ASSOCIATES SURVEYORS & ENGINEERS," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 60, at page 43, and being further designated, known, and described as 4401 Jeanne Street, Virginia Beach, Virginia 23462; WHEREAS, it is proposed by the Grantee to maintain an existing chain Zink fence, wooden bulkhead, wooden pier and concrete ramp and to construct and maintain rip rap, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and GPIN: 1477-68-9266-0000; (4401 Jeanne Street) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of an existing 50' City public drainage easement, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A WATERFRONT ENCROACHMENTS 4401 JEANNE STREET VIRGINIA BEACH, VIRGINIA Date: 06/15/12, Sheet 1 of 1, Scale: 1" = 50'," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, 2 and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a building permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to 3 the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are 4 allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, James Howerin, Jr. and Kelli Howerin the said Grantees have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 201_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before nie this day of , 201, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to nie. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 By J.: es Howerin, Jr., Ow ATE OF V) tZC-� 1 N 119 CITY/COUNTY OF V'1V fl 1501 !t , to -wit: Ko iHowerin, Owner The foregoing instrument was acknowledged before me this lith WE.1Y1 t , 2012, by James Howerin, Jr. Anna M Bello Commonwealth of Virginia Notary Public Commission No, 259233 My Commission Exo res 1231/2013 Notary Registration Number: a 9a, :D Notary Public My Commission Expires: i:72)0/��% E OF Y1Z4/Min OUNTY OF Yti2tiNt -36140-1 iCH , to -wit: day of (SEAL) The foregoing instrument was acknowledged before me this )114' day of T)L 7Y15ER , 201 2 by Kelli Howerin. Anna M Bello Commonwealth of Virginia Notary Public Commission No. 259233 My Commission Expires 12131 2013 Notary Registration Number: •--.59.c.23..3 z, / . t b (SEAL) Notary Public My Commission Expires: i /3 // r3 7 APPROVED AS TO CONTENTS C! 5% NATURE P� iE1 ESE DEPARTMENT 8 APPROVED AS TO LEGAL SUFFICIENCY AND FORM AACr'I,JARMEYER, ASSISTANT CITY ATTORNEY THALIA CREEK - BOATLI FT WOOD PIER 50' DRAINAGE EASEMENT Ma 60, PG. 43) N/F LOT -21 (M.B. 60, PG. 43) GP/N.• 1477-68-9074 20' DR4/NAGE EASEMENT (M. B� - 60, PG. 43) - /---------� N 79'15'05" E70' 750.44 r ___________ 10' EBBWOOD BULKHEAD CO NC RAMP 36" CHAIN LINK FENCE ON LINE if PROPOSED FUTURE RIPRAP ° TREE(TYP) N/F LOT -31 (M.B. 60, PG. 43) GP/N.• 1477-68-9398 BLOCK 42 42" CHAIN LINK FENCE DN LINE 42" CHAIN LINK FENCE FRAME SHED N/F LOT -29 (M.B. 60, PG. 43) GPIN: 1477-68-8273 LEGEND 6' PVC FENCE N NORTH S SOUTH F EAST W WEST PROPERTY LINE PG. PAGE M.B. MAP BOOK 6' WOOD BOARD FENCE 50' RIGHT OF WAY (MAP BOOK 60, PAGE 43) date: 06/1 5/1 2 file: 212-0080_encroach.dwg tech:MRB project: Laidscope Architects 757.431.1041 Land Surveyors wplsite.com Civil Engineers 242 Mustang Trail, Suite 8 Vir.inio Beach, VA 23452 proj. no. 212-0080 sheet 1 of 1 EXHIBIT A WATERFRONT ENCROACHMENTS 4401 JEANNE STREET VIRGINIA !MACK VIRGINIA drawing title: WATERFRONT ENCROACHMENTS 9 -25 - Item -V-J.2 ORDINANCES ITEM #62479 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT and APPROPRIATE to the Fire Department's FY 2012-13 Operating Budget: a. $31,700 from the U.S. Department of Homeland Security to continue the Citizen Corps Council (CCC) and the Community Emergency Response Team (CERT) programs b. $25,000 from the Virginia Department of Emergency Management re Tidewater Regional Heavy Tactical Rescue Team for equipment, training and exercises Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Barbara M. Henley January 8, 2013 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE UNITED STATES DEPARTMENT OF 3 HOMELAND SECURITY TO THE FY 2012-13 OPERATING 4 BUDGET OF THE FIRE DEPARTMENT TO CONTINUE 5 THE CITIZEN CORPS COUNCIL AND COMMUNITY 6 EMERGENCY RESPONSE TEAM 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That grant funds in the amount of $31,700 are hereby accepted from the United 12 States Department of Homeland Security through the Virginia Department of 13 Emergency Management and appropriated, with federal revenues increased 14 accordingly, to the FY 2012-13 Operating Budget of the Fire Department to continue 15 the Citizen Corps Council and Community Emergency Response Team. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of January 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Management Services CA12488 R-1 December 18, 2012 APPROVED AS TO LEGAL SUFFICIENCY: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE VIRGINIA DEPARTMENT OF 3 EMERGENCY MANAGEMENT TO THE FY 2012-13 4 OPERATING BUDGET OF THE FIRE DEPARTMENT FOR 5 THE HEAVY TACTICAL RESCUE TEAM 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $25,000 in funding is hereby accepted from the Virginia Department of 11 Emergency Management and appropriated, with estimated revenues increased 12 accordingly, to the FY 2012-13 Operating Budget of the Fire Department for the Heavy 13 Tactical Rescue Team. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of January , 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 2(.' G Managemen Services CA12487 R-1 December 18, 2012 Item -V-J.3 ORDINANCES -26- ITEM #62480 The following individuals registered to speak: Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Ordinance to TRANSFER $200, 000 from the General Fund Reserve re marketing, promotion and coordination of the City's 50`h Anniversary Events a. $100,000 to Virginia Beach Events Unlimited (VBEU) b. $ 50,000 to the Central Business District Association (CBDA) c. $ 50,000 to the Office of the City Clerk re Sister Cities' (SCA VB) events Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Barbara M. Henley January 8, 2013 1 AN ORDINANCE TO TRANSFER $200,000 FROM 2 THE GENERAL FUND RESERVE FOR 3 CONTINGENCIES FOR THE CITY'S 50TH 4 ANNIVERSARY EVENTS 5 6 WHEREAS, the City will be celebrating its 50t" Anniversary in various events 7 during 2013 including Virginia Beach Golden Adventure, Sister Cities' events, 8 collaboration with existing signature events and culmination in a Golden Age Beach 9 Party; and 10 11 WHEREAS, the Central Business District and Virginia Beach Events Unlimited 12 are partnering with the City to coordinate and market these events. 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA THAT: 16 17 1. $50,000 is hereby transferred from the FY 2012-13 General Fund Reserve for 18 Contingencies to the Operating Budget of the City Clerk for various Sister 19 Cities activities that are part of the City's 50tH Anniversary celebration; and 20 21 2. $150,000 is hereby transferred from the FY 2012-13 General Fund Reserve 22 for Contingencies to the Regional Participation Section of the City Budget with 23 $100,000 to Virginia Beach Events Unlimited and $50,000 to the Central 24 Business District Association for the preparation, promotion, and coordination 25 of the City's 50th Anniversary celebration. Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day of January , 2013. APPROVED AS TO CONTENT: Management Services CA 12483 R-1 December 5, 2012 APPROVED AS TO LEGAL SUFFICIENCY: Item -V-P PLANNING -27- ITEM #62481 1. ARMADA HOFFLER TOWER 4, LLC & CONDITIONAL USE PERMIT TCA BLOCK 4 RETAIL, LLC 2. TAMMY and CHARLES BODIE CONDITIONAL USE PERMIT 3. DAVE and BUSTERS, INC., and CONDITIONAL USE PERMIT LYNNHAVEN MALL, L.L. C 4. TOWN CENTER ASSOCIATES 11, LLC CONDITIONAL USE PERMIT 5. KEVIN PATRICK ROAINE/FREEMAN TR UST CHANGE OF ZONING January 8, 2013 -28 - Item -V-P PLANNING ITEM #62482 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 2, 3 AND 4 of the PLANNING AGENDA. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Barbara M. Henley January 8, 2013 -29 - Item -V-P.1 PLANNING ITEM #62483 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT, Application of ARMADA HOFFLER TOWER 4, LLC & TCA BLOCK 4 RETAIL, LLC for a Conditional Use Permit re a private university/college (expansion of Hampton University and the College of Virginia Beach) at 222 Central Park Avenue DISTRICT 5 - LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of ARMADA HOFFLER TOWER 4, LLC & TCA BLOCK 4 RETAIL, LLC for a Conditional Use Permit re a private university/college (expansion of Hampton University and the College of Virginia Beach) at 222 Central Park Avenue (GPIN 1477554031) DISTRICT 5 - LYNNHAVEN This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighth day of January Two Thousand Thirteen Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Barbara M. Henley January 8, 2013 -30 - Item -V-P.2 PLANNING ITEM #62484 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT Application of TAMMY and CHARLES BODIE for a Conditional Use Permit re a residential kennel at 770 Glenshire Drive DISTRICT 2 — KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of TAMMY and CHARLES BODIE for a Conditional Use Permit re a residential kennel at 770 Glenshire Drive (GPIN1468529735) DISTRICT 2 — KEMPSVILLE The following conditions shall be required. 1. Unless otherwise limited by Animal Control, this Conditional Use permit shall be limited to only the specific nine (9) dogs in the home as of the date of City Council approval of this Use Permit. At such time as any of the identified dog(s) die, no other dog(s) of any kind, gender, age or breed shall be permitted on the property to replace the dog(s). Notwithstanding however, the applicant may keep the maximum allowed by the Zoning Ordinance without a Conditional Use Permit. 2. The applicant shall ensure that the dogs maintain all required shots and are properly licensed through the City of Virginia Beach. 3. All dogs, when outside of the home, shall remain within the fenced -in area and be supervised at all times and shall not be a nuisance to any other property owners or residents. 4. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 5. The existing solid fence shall be maintained in good condition. January 8, 2013 -31 - Item -V-P.2 PLANNING ITEM # 62484(Continued) 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 Eighth day of January Two Thousand Thirteen Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent: Barbara M. Henley January 8, 2013 -32 - Item -V-P.3 PLANNING ITEM # 62485 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT Application of DAVE and BUSTERS, INC and LYNNHAVEN MALL L.L.C. for a Conditional Use Permit re an indoor recreational/entertainment (concentrated games) at 701 Lynnhaven Parkway DISTRICT 3 - ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of DAVE and BUSTERS, INC and LYNNHAVEN MALL L.L.C. for a Conditional Use Permit re an indoor recreational/entertainment (concentrated games) at 701 Lynnhaven Parkway (GPIN 1496461559) DISTRICT 3 - ROSE HALL The following conditions shall be required: 1. The tenant space shall be located substantially in accordance with the submitted "Exhibit A — Lynnhaven Mall, Virginia Beach, Virginia" prepared by GGP and dated 09/15/2012. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The exterior building elevations shall be constructed in substantial accordance with the submitted elevations entitled "Dave & Buster's, Virginia Beach, Virginia". Prepared by Aria Group Architects, Inc. and dated 09-28-2012. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. The hours of operation will be from 11:00 A.M. until 1:00 A.M. on Monday, Tuesday, Wednesday, Thursday and Sunday and 11:00 A.M. until 2:00 A.M. on Friday and Saturday. 4. Restaurant plans must be submitted to the Virginia Beach Department of Public Health for review and approval. A Virginia Department of Health permit to operate a restaurant is required prior to opening. 5. The applicant shall obtain and/or update all necessary permits and inspections from the Planning Department/Permit and Inspections Division and the Fire Department January 8, 2013 -33 - Item -V-P.3 PLANNING ITEM # 62485 (Continued) 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 Eighth day of January, Two Thousand Thirteen Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Barbara M. Henley January 8, 2013 -34 - Item -V-P.4 PLANNING ITEM #62486 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT, Application of TOWN CENTER ASSOCIATES 11, LLC for a Conditional Use Permit re multifamily dwellings at Block 11 (Phase V), bounded by Main Street, Constitution Drive, Columbus Street and Town Center Drive DISTRICT 5 — LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of TOWN CENTER ASSOCIATES 11, LLC for a Conditional Use Permit re multifamily dwellings at Block 11 (Phase V), bounded by Main Street, Constitution Drive, Columbus Street and Town Center Drive (GPIN 1477546585) DISTRICT 5 — LYNNHAVEN The following conditions shall be required. 1. There shall be no more than 290 multifamily dwelling units within the proposed building. 2. The exterior of the building shall substantially adhere to the submitted renderings and elevation titled "MAIN STREET ELEVATION", prepared by Cox, Kliewer & Company, P.C. dated 10/5/12.Said elevation has been exhibited to the Virginia Beach City Council and is on file with the City of Virginia Beach Planning Department. 3. All mechanical equipment, including generators, shall be screened from the public rights-of-way. The screening shall include solid walls that complement the structure. This Ordinance shall be effective in accordance with Section 107(J) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighth day of January, Two Thousand Thirteen January 8, 2013 -35 - Item -V-P.4 PLANNING ITEM # 62486(Continued) Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Barbara M. Henley January 8, 2013 Item —V -P.5 PLANNING -36- ITEM #62487 The following individual registered to speak: Neal Chaves, 5660 Morris Neck Road, Phone: 450-6891. Mr. Chaves stated he had no objection to the zoning change; however, he does have objection to converting this to residential and allowing someone to live there. No building permits have been issued to convert the property to a residential dwelling; yet, people have been living there for some time. Upon motion by Councilman DeSteph, seconded by Councilman Moss, City Council APPROVED, Application of KEVIN PATRICK ROMAINE/FREEMAN TRUST for a Change of Zoning from B-2 Community Business to AG -2 Agricultural District re residential dwelling at 5677 Morris Neck Road (GPIN 2308992274) DISTRICT 7 — PRINCESS ANNE Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Barbara M. Henley January 8, 2013 -37 - ITEM V -Q APPOINTMENTS ITEM #62488 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BOARD OF BUILDING CODE APPEALS HUMAN RIGHTS COMMISSION January 8, 2013 -38 - ITEM V -Q APPOINTMENTS ITEM #62489 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: JOSEPH DABIERO, CHAIR, VBHMA, EX -OFFICIO No Term ADVERTISING ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Barbara M. Henley January 8, 2013 -39 - ITEM V -Q APPOINTMENTS ITEM #62490 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: L UCYNTHIA RAWLS Unexpired thru 12/31/13 plus 3 Year Term 1/8/14-12/31/16 COMMUNITY SERVICES BOARD Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Barbara M. Henley January 8, 2013 -40 - ITEM V -Q APPOINTMENTS ITEM #62491 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: AMELIA N. ROSS-HAMMOND Unexpired thru 06/30/14 HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Barbara M. Henley January 8, 2013 -41 - ITEM V -Q APPOINTMENTS ITEM #62492 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: JOSEPH DABIERO, CHAIR, VBHMA, EX -OFFICIO No Term and REAPPOINTED: THOMAS BROWN 3 Year Term: 01/01/13 —12/31/15 RESORT ADVISORY COMMISSION Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Barbara M. Henley January 8, 2013 -42 - ITEM V -Q APPOINTMENTS ITEM #62493 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: ELSIE BARNES Unexpired term thru 12/31/15 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Barbara M. Henley January 8, 2013 -43 - Item -V-O ADJOURNMENT ITEM #62494 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:36 P.M. Amanda Finley -Barnes, CMC Chief Deputy City Clerk a ..ice R th Hodges Fraser, MMC William D. Sessoms, Jr. ity Clerk Mayor City of Virginia Beach Virginia January 8, 2013 -44 - PUBLIC DIALOGUE Ashley Grosch, 3104 Sharpie Court, Phone: 274-6503, stated she lives in a newly constructed neighborhood in Pungo and is in support of backyard hens. Nationwide, there is a demand for urban farms and backyard hens. Hens eat table scraps and diseased infested insects. Christine Ross, 1647 Ocean Bay Drive, Phone: 905-1835, stated she is in support of backyard hens as they eat diseased infested ticks that spread Lyme Disease. Ms. Ross also requested the City close the abortion clinics within the City by rezoning the properties, buying the buildings where they operate and/or declaring the clinics as "dangerous nuisances ". Bryan Stevenson, 6212 Antioch Street, Phone: 966-0757, stated he is a lifelong resident of Virginia Beach and supports backyard hens. The City of Chesapeake recently legalized hens and as Virginia's largest City, he is asking Virginia Beach do the same. City Council is going to see more and more support of backyard hens over the next few months and he will be happy to answer any questions or concerns any one may have. Mr. Stevenson requested information to move this forward and get it before City Council for consideration. Mr. Stevenson also advised there is a meeting on January 29th at the Central Library for anyone that would like more information regarding backyard hens. The Public Dialogue re Non Agenda Items concluded at 6:45 P.M. January 8, 2013