HomeMy WebLinkAboutMARCH 12, 2013 MINUTESCITY 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
ROBERT M. DYER, Centerville - District 1
AMELIA ROSS-HAMMOND, Kentpsville - District 2
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, Lvnnhaven -District 5
CITY COUNCIL APPOINTEES
CITY MANAGER - JAMES K. SPORE
CITYATTORNEYMARK D. STILES
CITY ASSESSOR - JERALD D. BANAGAN
CITY AUDITOR - LYNDON S. REMIAS
CITY CLERK - RUTH HODGES FRASER, MMC
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
March 12, 2013
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE: (757) 385-4303
FAX (757) 385-5669
E- MAIL: Ctycncl@vbgov.com
I. CITY MANAGER'S BRIEFINGS
II.
IV.
V.
A. STRIVING FOR EXCELLENCE REPORT
James K. Spore, City Manager
- Conference Room -
B. SHADOWLAWN NAVIGATION SPECIAL SERVICE DISTRICT
David Hansen, Deputy City Manager
CITY COUNCIL LIAISON REPORTS
CITY COUNCIL COMMENTS
CITY COUNCIL AGENDA REVIEW
INFORMAL SESSION
- Conference Room -
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
3:30PM
4:30PM
i
VI. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Michael G. Daniels
Senior Pastor, Enoch Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS February 26, 2013
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. PUBLIC HEARING
1. SHADOWLAWN
Dredging Project AND Tax Levy on Real Estate (SST)
I. PUBLIC COMMENT
1. CENTERVILLE SGA MASTER PLAN
J. ORDINANCES/RESOLUTIONS
1. Ordinance to ADD Section 6-9 to the City Code re use of Motorized Conveyances on Pedestrian
Pathways
2. Ordinance to AMEND and REORDAIN the City Code to ADD Section 35.3-9 re creation of the
Shadowlawn Neighborhood Dredging Special Service District and provide for a Levy of
additional taxes on real property within the District
3. Resolution to ESTABLISH the Transition Area/Interfacility Traffic Area Citizens' Advisory
Committee to serve as a Liaison between residents and businesses in the Transition/FTA area and
City Council
4. Ordinance to ADOPT "A Community Plan for a Sustainable Future" as "the City's Plan"
5. Resolution re ISSUANCE and SALE of $27 -Million General Obligation Public Improvement Bonds
previously approved in May 2011 and 2012, and $60 -Million Public Improvement Refunding
Bonds
6. Ordinance to DECLARE property adjacent to 708 Arctic Avenue and Lake Holly in EXCESS of
the City's needs and AUTHORIZE the City Manager to CONVEY same to James R., Jr. and
Deborah J. Flanagan in EXCHANGE (Deferred February 26, 2013)
7. Ordinance to AUTHORIZE temporary encroachments into a portion of the City's right-of-way
for Gateway Towers Associates, LLC, BQTS, LLC and Gateway Investments, LLC to
construct and maintain concrete paver walkways, a cantilevered balcony, low roof overhang,
canopies, wall sconce lights, landscaping and door swings at 3305 and 3317 Atlantic Avenue
(District 6 — BEACH)
8. Ordinance to APPROPRIATE and TRANSFER $97,268 within the Department of Human
Services and $1,247 from the State to provide seven (7) new full-time positions in the Child
Protective Services Program (CPS)
K. PLANNING
1. Application of ROVING AUTO, INC. and KRIST ENTERPRISES for Modification of Conditions re
motor vehicle sales and service to delete restrictions on the number of vehicles for sale; number and type of
pennants and streamers at 300 South Rosemont Road (approved on January 13, 2009)
(DISTRICT 6 - BEACH)
RECOMMENDATION: APPROVAL
2. Application of EVERGREEN VIRGINIA, LLC for Modification of Conditions re revisions to the
existing Site Layout and Building Plan for motor vehicle sales at 5193 Virginia Beach Boulevard (approved.
on August 14, 2007)
(DISTRICT 2 — KEMPSVILLE)
RECOMMENDATION: APPROVAL
3. Application of VILLAGE BEND, LLC and VILLAGE BEND HOMEOWNERS ASSOCIATION,
INC. for Modification of Proffer # 9, of a Conditional Change of Zoning to DELETE the requirement that
the developer construct two neighborhood identification signs for the adjoining Newcastle neighborhood at
Dam Neck Road and Southcross Drive (approved November 25, 2008)
(DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION: APPROVAL
4. Application of BRENDA R. CORNWELL for a Conditional Use Permit re a Child Daycare with a
maximum of twelve (12) children at 1309 Boardwalk Way
(DISTRICT 6 — BEACH)
RECOMMENDATION: APPROVAL
5. Application of SANDRA MILLER for a Conditional Use Permit re a residential kennel for a maximum of
seven (7) dogs at 4088 Rainbow Drive
(DISTRICT 1 — CENTERVILLE)
RECOMMENDATION: DENIAL
6. Application of JOSEPH CASTILLO and EDDIE R. CREEKMORE, JR. for a Conditional Use Permit
re motor vehicle repair at 128 Dorset Avenue
(DISTRICT 4 — BAYSIDE)
RECOMMENDATION: APPROVAL
7. Application of MATTHEW W. and KELLY H. TIFFANY for a Variance to §4.4(b) of the
Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning
Ordinance (CZO) at 3905 Richardson Road
(DISTRICT 4 — BAYSIDE)
RECOMMENDATION: APPROVAL
8. Application of CITY OF VIRGINIA BEACH, to AMEND and REORDAIN Section 5B.5 of the Site
Plan Ordinance Pertaining to Standards for Shoreline Stabilization and Maintenance projects in the
Floodplains, subject to special restrictions.
RECOMMENDATION: APPROVAL
M. APPOINTMENTS
BOARD OF BUILDING CODE APPEALS
ENERGY ADVISORY COMMITTEE
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE (HREDA)
HEALTH SERVICES ADVISORY BOARD
HISTORIC PRESERVATION COMMISSION
HUMAN RIGHTS COMMISSION
TRANSITION AREA/ITA CITIZENS ADVISORY COMMITTEE
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
PUBLIC COMMENT
Non -Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
March 26th
April 2nd
April 9th
April 16th
April 18th
April 23rd
April 23rd
May 7th
May 14th
RESOURCE MANAGEMENT SCHEDULE
Budget Presentation
Budget Workshop
Budget Workshop
Budget Workshop
Public Hearing at VB Middle School
Budget Workshop
Public Hearing in the Council Chambers
Budget Workshop — Reconciliation
Vote on the Budget
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
-1 -
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
March 12, 2013
Mayor William D. Sessoms, Jr., called to order the City Manager's STRIVING FOR EXCELLENCE
REPORT, in the City Council Conference Room, Tuesday, March 12, 2013, at 3:30 P.M.
Council Members Present:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer , Barbara
M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James
L. Wood.
Council Members Absent:
Rosemary Wilson With husband who is very ill
March 12, 2013
-2 -
CITY MANAGER'S BRIEFING
STRIVING FOR EXCELLENCE REPORT
3:30 P.M.
ITEM #62616
Mayor Sessoms introduced and welcomed James K Spore, City Manager, who gave the Annual Striving
for Excellence Report.
Mr. Spore thanked City Council for the opportunity to brag about the organization and chronicle some of
the City's accomplishments
Mr. Spore stated it is important for the community to understand the City's on-going efforts to improve
the government's effectiveness and efficiency. Councilman Dyer was appointed to the Governor's
Taskforce for Local Government Mandate Review which is meeting tomorrow. Councilman Davis serves
on the Hampton Roads Partnerships Shared Services Project.
Government Effi.ci.en
Current Efforts
■ Governor's Task force for Loc
Mandate Review
■ City Council Process Improvement Committee
Hampton Roads Partnerships Shared Services
Project
➢ Virginia Beach
➢ Chesapeake
➢ Norfolk
■ Striving for Excellence Process
Government
March 12, 2013
-3 -
CITY MANAGER'S BRIEFING
STRIVING FOR EXCELLENCE REPORT
ITEM #62616(Continued)
The City is working hard at finding ways to be more effective. The Striving for Excellence Report
documents some of the organization's results as we strive to improve our operation and service offerings.
The City has documented this type of initiative for 18 years.
Virginia Beach: A Quality Government Organization
The goal is to continuously improve to provide enhanced customer service and value to the citizens.
Qualify and Productivity initiative
demonstrate staff efforts to
• improve processes.T
• meet future challenges
• achieve savings
• avoid costs
• increase capacity
March 12, 2013
-4 -
CITY MANAGER'S BRIEFING
STRIVING FOR EXCELLENCE REPORT
ITEM #62616(Continued)
Executive Summary .... ................
The "Bottom Line
Volunteer Contribution .... '...............',
Accreditations, Awards and Certificates
Ten Year Results — Summary Chart
Quality and Productivity Initiatives (By Bus
Index of Initiatives by Department........
P 3
P 4
P 5
P 6-12'
P 13
P 14-73
..P 74-79
This year, the combined efforts of Departments and Teams resulted in savings and cost avoided of
$915,698. New Revenue Generated totaled $1,170,192. New Grants received provided an amazing
$2.6 MILLION and New Funds Raised (included donations) totaled $560,750.
Costs Savings /Cost Avoided $ 915,698
New Revenue Generated '' $ 1,170,192
New Grants Received $ 2,696,640
New Funds Raised $ 560,750
March 12, 2013
-5 -
CITY MANAGER'S BRIEFING
STRIVING FOR EXCELLENCE REPORT
ITEM #62616(Continued)
•
Cost
Cost
Avoided
Energy Conservation (CVB)
Update Newsletters (Libraries)
Housing Choice Voucher Program (Homan�
Retire Mainframe ;(comlT)
Survey Data for Public Utilities (Pnbiic vrilu
Fall Protection Training (Parks & Rec)
$ 6,
1
700
,000
$ 15,000
$750,000
$ 11,700
$ 25,500
March 12, 2013
-6 -
CITY MANAGER'S BRIEFING
STRIVING FOR EXCELLENCE REPORT
ITEM #62616(Continued)
21't Century Community Learning', Centers (Parks 6Rec) $ 575,640
New Early Literacy Centers (Lib s) $ 66,000
Pleasure House Point Acquisition (Parks & R) $1,000,000
Thalia Creek Greenway, Phase 1A',(Parks&Rec) $ 640,000
March 12, 2013
-7 -
CITY MANAGER'S BRIEFING
STRIVING FOR EXCELLENCE REPORT
ITEM #62616(Continued)
The information below is a summary of the initiatives for the past ten (10) years:
Ten Year Summary of Results
City of Virginia Beach
3003.:
904
2006
2007
30„
]0,3
Min
$644
353M
$2.34
0011.11011
63,.43
Casts Avoided
644
1136.1194
Fundraising
3433,969
312.3M
3331.669..
$2.1M3
1940,750
„AM
3471,756
$624,337
31.93
11,6.0
31194
393 ez
$7.73
}3394
*0.333"
11„3.94*
113..6
Processes/
Tec6wbpy
Improvements
201.65 comb °.
1.090.;:
VoleOlwn
Num.
Moors
Valise
21,1120
LSM
$3:94;
1.40
$160
24553
1394
314.9 M
33
Only a few initiatives mentioned to give you the feel for the variety of ideas and activities staff works on
throughout the year to improve quality and productivity. This report is the commitment of staff to achieve
excellence in public service and to achieve your Vision of a Community for a Lifetime.
Virginia Beach
community For A Lifetime
The Mayor thanked the City Manager and his Staff for all of the work on this project.
March 12, 2013
-8 -
CITY MANAGER'S BRIEFING
SHADOWLA WN NAVIGATION SPECIAL SERVICE DISTRICT
3:49 P.M.
ITEM #62617
Mayor Sessoms introduced and welcomed David Hansen, Deputy City Manager.
Pre -Adoption Briefing for
City Council.
Shadowlawn Navigation SSD
Mr. Hansen stated each of the dredging projects has its own challenges.
r . am
Individual/unique neighborhood conditions, specific
scopes and timelines
Standard report & duration: (3 cycles, i6 years)
Typically consists of three segments: City Spur,
Neighborhood Channel & Individual driveways and
turn basins
Partnership - Cost sharing (typically 3 sources)
City management of effort - formulation, funding,
design, perrnitttin, consction," maintenance
Creates a viab]e solution to reclaimnavigation &
improve water quality
° n
E abl. h s a renal meli .e ro rty visible results
March 12, 2013
-9 -
CITY MANAGER'S BRIEFING
SHADO WLA WN NAVIGATION SPECIAL SERVICE DISTRICT
ITEM #62617(Continued)
The neighborhoods in green are the projects that have been approved and taxes are currently being
collected. Red represents the projects that failed to obtain 80% approval as required by City Council.
The neighborhood in black is in process, gold represents actively engaged neighborhoods and white are
the interested neighborhoods.
€�art�tsr �'ta�nt
Middle Plantation
Hurds Cove
Jody Cove
Buchanan Creek
duck ayHebdonr '
y fav .,,
March 12, 2013
-10 -
CITY MANAGER'S BRIEFING
SHADOWLAWN NAVIGATION SPECIAL SERVICE DISTRICT
ITEM #6261 7 (Continued)
Mr. Hansen cited the legal considerations:
ghbo? hood Channel dging
Legal Considerations
24.03 Authorizes SSDs for navigation
Minimum of 51% property owner approval
Formal adoption by Ciiy Council
council preference. 8o prope ow ger approval
Funds collected ;must be accounted for and cent only
proje4L,:
Project Format for Rudee Basin
Hydraulic Dredging if at all feasible
Deposition at City's Owls Creek Borrow' Area
Limited pool of contractors with appropriately sized
wquipment - but available
March 12, 2013
-11 -
CITY MANAGER'S BRIEFING
SHA D O WL A WN NA VI GA TION SPECIAL SERVICE DISTRICT
ITEM #6261 7(Continued)
Neighborhood Cha nel Dredgin
Shadowlawn
Life Cycle Estimated SSD Costs
Cycle Volume Cost
i 5,37a C ,880
3,759 Y 132,950
3 2, 85 a133 '5
ne4lude9 65:
trx�IPHf'1rsacualia� � d°nredgu � .._(0 u`.�rvx
NeighborhoodC h In
Shadowlawn Appropriations Schedule
Cycle Year Design Construction
March 12, 2013
-12 -
CITY MANAGER'S BRIEFING
SHADOWLAWN NAVIGATION SPECIAL SERVICE DISTRICT
ITEM #6261 7(Continued)
d Channel, Dre
Shadowlawn SSD Data
Total SSD assessed value:
15,743,900'`(FY 13)
31 properties in the neighborhood district
Each penny surcharge raises .sis 74/year
SSD rate covets costs o 6ya
81 % of the residents approved this project.
Shadowlawn SSD
25 of 31 district property owners signed the petition
(81%)
Ordinance to adopt and create the district is ready for
your consideration
Mayor Sessoms thanked Mr. Hansen and his entire team for their work.
March 12, 2013
-13 -
CITY COUNCIL LIAISON REPORTS
4:05 P.M.
ITEM #62618
No City Council Liaison Reports.
March 12, 2013
-14 -
CITY COUNCIL COMMENTS
4:05 P.M.
ITEM #62619
Councilman Moss requested City Council receive information from the UVA Demographer that does the
population trends prior to the Budget Process.
Councilman Moss requested that City Council receive the Budget prior to the Media. He does not want a
repeat of last year. Councilman Moss also requested time to discuss the largest fiscal policy issues since
we have a structural shortfall of revenue in the Budget, both on City and Schools side, as the City uses
one-time revenues to fill the gaps. He is hopeful that the process will allow for more transparency and
public input.
The Mayor advised Councilman Moss the City does the very best possible but this topic was discussed at
the Retreat and City Council (10 present) unanimously decided to keep the same Budget Process as last
year.
Councilman Moss expressed his dissatisfaction with learning things first in the newspaper before
receiving City Council's Packet. He does not feel that this business should operate and feels as though
City Council should receive better attention.
City Manager Spore advised Mr. Moss that with a lot of Advisory Boards and Commissions, items are
discussed with them in advance and the press frequently covers those meetings. The press also receives a
copy of the City Council Packet that each City Council Member receives each Friday.
Councilman Moss advised that two Saturdays ago he rode in the 4th Precinct from 9:00 P.M. to 4:30 A.M.
where the Cloverleaf Homeless/Workforce Housing complex is located. All of the concerns that City
Council heard were not substantiated by what he saw and the Officers with whom he rode. Councilman
Moss feels very comfortable with City Council's vote and the tour that he took at Cloverleaf.
Mayor Sessoms expressed his appreciation to Councilman Moss for taking his time to follow-up on the
Cloverleaf complex.
ITEM #62620
Council Lady Ross -Hammond advised she sat in on the Housing Study and it was interesting to hear
about the amount of Homelessness in Virginia Beach. She hopes City Council can further address this
issue.
March 12, 2013
-15 -
AGENDA REVIEW SESSION
4:10 P.M.
ITEM #62621
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
K ORDINANCES/RESOLUTIONS
1. Ordinance to ADD Section 6-9 to the City Code re use of Motorized Conveyances on
Pedestrian Pathways
2. Ordinance to AMEND and REORDAIN the City Code to ADD Section 35.3-9 recreation
of the Shadowlawn Neighborhood Dredging Special Service District and provide for a
Levy of additional taxes on real property within the District
3. Resolution to ESTABLISH the Transition Area/Interfacility Traffic Area Citizens'
Advisory Committee to serve as a Liaison between residents and businesses in the
Transition/FTA area and City Council
4. Ordinance to ADOPT "A Community Plan for a Sustainable Future" as the City's Plan
5. Resolution re ISSUANCE and SALE of $27 -Million General Obligation Public
Improvement Bonds previously approved in May 2011 and 2012, and $60 -Million Public
Improvement Refunding Bonds
6. Ordinance to DECLARE property adjacent to 708 Arctic Avenue and Lake Holly in
EXCESS of the City's needs and AUTHORIZE the City Manager to CONVEY same to
James R., Jr. and Deborah J. Flanagan in EXCHANGE (Deferred February 26, 2013)
7. Ordinance to AUTHORIZE temporary encroachments into a portion of the City's right-of-
way for Gateway Towers Associates, LLC, BQTS, LLC and Gateway Investments, LLC to
construct and maintain concrete paver walkways, a cantilevered balcony, low roof
overhang, canopies, wall sconce lights, landscaping and door swings at 3305 and 3317
Atlantic Avenue District 6 — BEACH
8. Ordinance to APPROPRIATE and TRANSFER $97,268 within the Department of Human
Services and $1,247 from the State to provide seven (7) new full-time positions in the Child
Protective Services Program (CPS)
ADD ON
Ordinance to EXTEND compliance re Condition No. 1 of a Street Closure for
ARAI Americas, Inc. for a portion of Bayside Road to September 1, 2013
Item #1 shall be AMENDED to add "(c) The provisions of this section shall not be applicable to the use
of a motorized wheelchair or other single -occupant vehicle designed to transport a disabled person."
Councilman Uhrin shall ABSTAIN ONItem#2
Item #4 shall be considered separately
Councilman Moss shall vote VERBAL NAY on Item #8
March 12, 2013
-16 -
AGENDA REVIEW SESSION
ITEM # 62621(Continued)
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
L. PLANNING
1. Application of ROVING AUTO, INC. and KRIST ENTERPRISES for Modification of
Conditions re motor vehicle sales and service to delete restrictions on the number of
vehicles for sale; number and type of pennants and streamers at 300 South Rosemont Road
(approved on January 13, 2009) DISTRICT 6 - BEACH
2. Application of EVERGREEN VIRGINIA, LLC for Modification of Conditions re
revisions to the existing Site Layout and Building Plan for motor vehicle sales at 5193
Virginia Beach Boulevard (approved on August 14, 2007) DISTRICT 2 — KEMPSVILLE
3. Application of VILLAGE BEND, LLC and VILLAGE BEND HOMEOWNERS
ASSOCIATION, INC. for Modification of Proffer # 9, of a Conditional Change of Zoning
to DELETE the requirement that the developer construct two neighborhood identification
signs for the adjoining Newcastle neighborhood at Dam Neck Road and Southcross Drive
(approved November 25, 2008) DISTRICT 7 - PRINCESS ANNE
4. Application of BRENDA R. CORNWELL for a Conditional Use Permit re a Child
Daycare with a maximum of twelve (12) children at 1309 Boardwalk Way DISTRICT 6 —
BEACH
5. Application of SANDRA MILLER for a Conditional Use Permit re a residential kennel for
a maximum of seven (7) dogs at 4088 Rainbow Drive DISTRICT 1— CENTERVILLE
6. Application of JOSEPH CASTILLO and EDDIE R. CREEKMORE, JR. for a
Conditional Use Permit re Motor Vehicle Repair at 128 Dorset Avenue DISTRICT 4 —
BAYSIDE
7. Application of MATTHEW W. and KELLY H. TIFFANY for a Variance to §4.4(b) of the
Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning
Ordinance (CZO) at 3905 Richardson Road DISTRICT 4 — BAYSIDE
8. Application of CITY OF VIRGINIA BEACH, to AMEND and REORDAIN Section 5B.5
of the Site Plan Ordinance Pertaining to Standards for Shoreline Stabilization and
Maintenance projects in the Floodplains, subject to Special Restrictions.
Item #1 shall be DEFERRED to April 9, 2013.
Item #5 shall be considered separately
March 12, 2013
I
-17-
ITEM#62622
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).
Disposition of City Property: Beach District
PUBLIC CONTRACT: Discussion of the award of a public contract
involving expenditure of public funds, and discussion of terms or scope
of such contract, where discussion in an open session would adversely
affect the bargaining position or negotiating strategy of the public body
pursuant to Section 2.2-3711(A)(30)
Dome Site Project
LEGAL MATTERS: Consultation with legal counsel and briefings by
staff members or consultants pertaining to actual or probable litigation,
where such consultation or briefing in open meeting would adversely
affect the negotiating or litigating posture of the public body; or
consultation with legal counsel employed or retained by a public body
regarding specific legal matters requiring the provision of legal advice
by such counsel pursuant to Section 2.2-3711(A)(7).
City of Virginia Beach v. C. W. Williams & Co. & Fire Dex
March 12, 2013
-18 -
ITEM# 62622(Continued)
Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council voted to proceed into
CLOSED SESSION at 4:14 P.M.
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Glenn R. Davis, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
(Closed Session
(Break
Rosemary Wilson husband ill in New York City
4:14 P.M. - 5:30 P.M.)
4:15 P.M. 4:20 P.M.)
March 12, 2013
-19 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
MARCH 12, 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, March 12, 2013, at 6:00 P.M
Council Members Present:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Absent:
Rosemary Wilson
INVOCATION: Vice Mayor Louis R. Jones
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297
Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's
transactions. However, due to the size of TowneBank and the volume of transactions it handles,
TowneBank has an interest in numerous matters in which he is not personally involved and of which he
does not have personal knowledge. In that regard, he is always concerned about the appearance of
impropriety that might arise if he unknowingly participates in a matter before City Council in which
TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne
Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and
spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to
thoroughly review each City Council agenda to identify any matters in which he might have an actual or
potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal
interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter
with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of
March 24; 2009, is hereby made a part of the record.
March 12, 2013
-20-
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.
March 12, 2013
Item -VI-E
CERTIFICATION
-21-
ITEM #62623
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: 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, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
March 12, 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 #62622 Page 18, and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
th Hodges
City Clerk
raser, MMC
March 12, 2013
Item -VI -F.1
MINUTES
-22-
ITEM #62624
Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of February 26, 2013.
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, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr, John E. Uhrin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
March 12, 2013
-23 -
ADOPT AGENDA
FOR FORMAL SESSION ITEM #62625
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
March 12, 2013
-24 -
Item -VI-I.1
PUBLIC HEARING ITEM #62626
Mayor Sessoms DECLARED A PUBLIC HEARING:
SHADOWLAWN
Dredging Project AND Tax Levy on Real Estate (SST)
The following individuals registered to speak:
Mark West, 128 Indian Avenue, Phone: 422-6141, spoke in favor of this project.
Peter Cummings, 814 Close Avenue, Phone: 282-9202, spoke in favor of this project and the tax increase.
Greg Purkey, 124 Indian Avenue, Phone: 289-5746, spoke in support of this project and the community
does have the 80% commitment.
There being no further speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
March 12, 2013
-25 -
Item -VI -J.1
PUBLIC COMMENT ITEM #62627
Mayor Sessoms DECLARED A PUBLIC HEARING:
CENTER VILLE SGA MASTER PLAN
The following individuals registered to speak:
Margaret Brzostels, 856 Outerbridge Quey, Phone: 479-1358, Founder of the Coalition of Concerned
Citizens of Centerville. Ms. Brzostels expressed her appreciation to Ashby Moss and Councilman Dyer
for their work with the Coalition. The Coalition is in full support of the revised SGA. Due to the
difficulties of entering and exiting some of the existing shopping centers, Virginia Beach residents travel
to Chesapeake to shop. The Coalition requests the SGA push forward an extra block when Phase I of
Centerville is underway. The turnover of businesses in the shopping center is alarming. The Coalition
would like to see an additional ramp from 1-64 to come back of Amerigroup in the hopes that it might
attract other Fortune 500 businesses to the area.
Fred Adams, 1548 Edgewater Drive, Phone: 467-2775, stated he has lived in the Centerville District for
over 30 years. The SGA has "set a fire" under the citizens of Centerville. Although he recognizes the
SGA does not address some of the concerns in Centerville, it is a step in the right direction. Mr. Adams
feels Regent University makes a positive impact on the area.
Yasmin Ali, 5705 Lynnhaven Parkway, Phone: 338-1291, is a Member of Charlestown Civic League and
in support of this SGA.
Sharon Nadlicki, 1861 Camelback Place, Phone: 965-9178, in support of the SGA, expressed her concern
over the Woods Corner Shopping Center. The retention pond's fence is broken. Crime and vandalism in
this area is not uncommon and she feels safer at Orchard Square in Chesapeake.
William Nater, 1804 John Brown Lane, Phone: 479-2398, expressed concern over the SGA not extending
far enough down Centerville Turnpike. For safety reasons, Centerville Turnpike should be included in
this SGA.
Kristen Jurjevich, 960 Jenkins Drive, supports the SGA and expressed interest in Centerville eventually
getting a Recreation Center.
There being no further speakers, Mayor Sessoms CLOSED THE PUBLIC COMMENT.
March 12, 2013
-26 -
ADD -ON ITEM #62628
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED the
request to ADD to the Consent Agenda:
Ordinance to EXTEND compliance re Condition No. 1 of a Street
Closure for ARAI Americas, Inc. for a portion of Bayside Road to
September 1, 2013
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, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
March 12, 2013
-27 -
Item —VI -K
ORDINANCES/RESOLUTIONS ITEM #62629
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE
MOTION, Items 1(REVISED), 2(UHRINABSTAIN), 3, 5, 6, 7 and 8(MOSS VERBAL NAY).
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, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
March 12, 2013
-28 -
Item -VI-XI
ORDINANCES/RESOLUTIONS ITEM #62630
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
ADOPTED/REVISED, BY CONSENT, Ordinance to ADD Section 6-9 to the City Code re use of
Motorized Conveyances on Pedestrian Pathways
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, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
March 12, 2013
REVISED VERSION
1 REQUESTED BY COUNCILMEMBER HENLEY
2
3 AN ORDINANCE TO ADD SECTION 6-9 OF
4 THE CITY CODE PERTAINING TO USE OF
5 MOTORIZED VEHICLES ON PEDESTRIAN
6 PATHWAYS
7
8 SECTIONS ADDED: § 6-9
9
10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12
13 That Section 6-9 of the Code of the City of Virginia Beach, Virginia, is hereby
14 amended and ordained to read as follows:
15
16 Sec. 6-9. — Use of motorized vehicles on pedestrian pathways.
17
18 (a) It shall be unlawful for any person to use or operate any type of motorized
19 vehicle on the pedestrian pathways connecting Sandpiper Road and Sandfiddler Road,
20 or connecting Sandfiddler Road and the sandy beaches located in the Sandbridge area
21 of the City.
22
23 (b) The term "motorized vehicle" means any wheeled device with a motor that
24 can be used to transport a person.
25
26 (c) The provisions of this section shall not be applicable to the use of a
27 motorized wheelchair or other single -occupant vehicle designed to transport a disabled
28 person.
29
30 (d) A violation of this section shall be punishable by a $100 fine.
31 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 12th
32 day of March , 2013.
APPROVED AS TO LEGAL SUFFICIENCY:
,,,,,,,,,‘
City Attorney's Office
CA12507 ALT -2
March 12, 2013
-29 -
Item -VI-K.2
ORDINANCES/RESOLUTIONS ITEM #62631
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND and REORDAIN the City Code to ADD Section 35.3-9 recreation
of the Shadowlawn Neighborhood Dredging Special Service District and provide for a Levy of
additional taxes on real property within the District
Voting: 9-0
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, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr. and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
Council Members Abstaining:
John E. Uhrin
March 12, 2013
1 AN ORDINANCE TO AMEND AND REORDAIN THE CODE
2 OF THE CITY OF VIRGINIA BEACH TO CREATE THE
3 SHADOWLAWN NEIGHBORHOOD DREDGING SPECIAL
4 SERVICE DISTRICT AND TO LEVY ADDITIONAL TAXES
5 ON REAL PROPERTY WITHIN THE DISTRICT
6
7 SECTION ADDED: 35.3-9
8
9 WHEREAS, The City of Virginia Beach has procured signed petitions from at
10 least 80% of the residents of the Shadowlawn Dredging Area waterfront property
11 owners; and
12
13 WHEREAS, the petitions provide the signers commit to the imposition of special
14 service district ("SSD") taxes and other contributions as set forth in further detail herein;
15 and
16
17 WHEREAS, the Shadowlawn Area Dredging Project ("Project") includes three (3)
18 cycles of dredging; and
19
20 WHEREAS, although the SSD taxes will begin July 1, 2013, the first dredging is
21 planned for FY2016, the second planned dredging for FY2022, and the third is planned
22 for FY2029; and
23
24 WHEREAS, the Project is a partnership addressing related dredging activities:
25 the community channel dredging, which is supported by City contributions to the Special
26 Service District; the neighborhood channel dredging, which is supported by the levy of
27 Special Service District taxes; and the access channels, which are supported by
28 individual contributions to the Special Service District; and
29
30 WHEREAS, the rate established by this Ordinance is based on the FY2013 real
31 estate assessed value of the subject properties; and
32
33 WHEREAS, City staff will re-calculate the estimated Project costs at a minimum
34 of every four (4) years; and
35
36 WHEREAS, the City Council of the City of Virginia Beach believes that
37 undertaking the Project is in the best interest of the public and is a reasonable exercise
38 of the City's authority to promote general welfare, including commerce and industry of
39 the City and the inhabitants thereof.
40
41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
42 VIRGINIA BEACH, VIRGINIA:
43
44 1. That the Code of the City of Virginia Beach, Virginia, is hereby amended and
45 reordained as follows:
46
1
47 Section 35.3-9. Creation of the Shadowlawn Area Dredging Special Services
48 District.
49
50 a. There is hereby created the Shadowlawn Area Dredging Special Service District
51 for the purposes set forth in this chapter and those set forth in Code of Virginia,
52 section 15.2-2403.
53 b. The boundaries of the Shadowlawn Area Dredging Special Service District shall
54 be described in detail by the map attached to this ordinance.
55 c. The Shadowlawn Area Dredging Special Service District shall dissolve on July 1,
56 2029, if not sooner.
57
58 2. There shall be levied and collected beginning in fiscal year 2014, taxes for the
59 special purpose of providing neighborhood dredging on all real estate within and
60 pursuant to the Shadowlawn Area Dredging Special Service District at the rate of 15.94
61 cents ($0.1594) on each on hundred dollars ($100) of assessed value thereof. This real
62 estate tax rate shall be in addition to the real estate tax rate set forth by the General
63 Real Estate Tax Levy adopted by City Council. Except as provided explicitly in Chapter
64 35.3 of the Code of the City of Virginia Beach, this tax rate shall apply without reduction
65 to any properties subject to ad valorem taxes including those properties enrolled in the
66 Exemption, Deferral or Freeze for Elderly and Disabled Persons, City Code §§ 35-61, et
67 seq. As set forth in Code of Virginia, section 15.2-2403(6), written consent is required
68 to apply this tax rate to the full assessed value of properties subject to special use value
69 assessment. The real estate tax rate imposed herein shall be applied on the basis of
70 one hundred percentum (100%) of the fair market value of such real property except for
71 public service real property, which shall be on the basis as provided in Section 58.1-
72 2604 of the Code of Virginia.
73
74 3. The City Manager or designee is hereby authorized to enter into contracts and to
75 perform other actions consistent with this ordinance.
76
77 4. Paragraphs 1 and 3 shall be effective immediately.
78
79 5. Paragraph 2 shall be effective July 1, 2013.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of
March , 2013.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
Management Services
2
APPROVED AS TO LEGAL SUFFICIENCY:
CA -12522
R-1
February 28, 2013
3
X:\Projects\ARC Files\Dredging\Westem Branch Lynnhaven River\Neighborhood Dredging Maps\ShadowlawnWttachmentA
0
0
{D
0
0
CO
0
W
0
1
r
0
0
u.
0)
_
. C;) N
Ov-
i. 0
0 N
- 10 Oi
O %-
0
O d
s =
OL z
-▪ )
s
c) Q
E 4-
Z =
0
co • 0
3 13,
o 5'
1:::a
co
s
Cl)
1
Attachment B
Neighborhood Dredging for Shadowlawn
June 2012
1
Number
GPIN
Address
1
2427-00-1851-0000
2
Caribbean Ave.
2
2427-00-1827-0000
6
Caribbean Ave.
3
2427-00-0902-0000
808
Close Ave.
2427-00-0831-0000
4
2417-90-8898-0000
810
Close Ave.
5
2417-90-7896-0000
812
Close Ave.
2417-90-8727-0000
6
2417-90-7822-0000 814
Close Ave.
2417-90-7432-0000
7
2417-90-6729-0000
818
Close Ave.
8
2417-90-5873-0000
824 Close Ave.
2417-90-5820-0000
9
2417-90-5858-0000
12
Rudee Ave.
2417-90-4867-0000
10
2417-90-4943-0000
14
Rudee Ave.
2417-90-4903-0000
11
2417-90-5938-0000 16
Rudee Ave
12
2417-91-4055-0000 24
Rudee Ave.
13
2417-91-4099-0000 26
Rudee Ave.
14
2417-91-4131-0000 28
Rudee Ave.
15
2417-91-4185-0000 32
Rudee Ave.
16
2417-91-4281-0000 34
Rudee Ave.
17
2417-91-3248-0000 911
Goldsboro Ave.
2417-91-3157-0000
18
2417-91-2112-0000 915
Goldsboro Ave.
19
2417-91-0260-0000 112
Indian Ave.
20
21
2417-91-0341-0000 116
Indian Ave.
2417-91-0327-0000 120
Indian Ave.
22
2417-91-0403-0000 124
Indian Ave.
23
2417-91-0499-0000 128 Indian Ave.
24 2417-91-0549-0000 200 Indian Ave.
25 2417-91-2746-0000 212 Rudee Ave.
26 2417-91-0714-0000 232 Indian Ave.
27 2417-81-9787-0000 236 Indian Ave.
28
2417-81-9872-0000 240
Indian Ave.
29
2417-81-9866-0000 300
Indian Ave.
30
2417-81-9921-0000 304
Indian Ave.
31
2417-81-9914-0000 312 Indian Ave.
2417-82-8090-0000 312 Indian Ave.
-30 -
Item -VI-K.3
ORDINANCES/RESOLUTIONS ITEM #62632
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Resolution to ESTABLISH the Transition Area/Interfacility Traffic Area Citizens'
Advisory Committee to serve as a Liaison between residents and businesses in the Transition/FTA area
and City Council
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, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
March 12, 2013
REQUESTED BY COUNCILMEMBER BARBARA M. HENLEY
1 A RESOLUTION ESTABLISHING THE TRANSITION
2 AREA/INTERFACILITY TRAFFIC AREA CITIZENS'
3 ADVISORY COMMITTEE AND SETTING FORTH ITS
4 DUTIES, COMPOSITION AND TERMS OF OFFICE
5
6 WHEREAS, the City's Transition Area and Interfacility Traffic Area (the "ITA") are
7 strategically located between the more urbanized regions of the City to the north and
8 the City's rural area to the south, and as such, are important components of the City's
9 overall land use planning strategy; and
10
11 WHEREAS, it is the sense of the City Council that the advice and guidance of a
12 committee of citizens knowledgeable of the issues pertaining to the Transition Area and
13 ITA would be of significant benefit in making decisions concerning land use and other
14 matters occurring within the Transition Area or ITA, and that such a committee would
15 provide a vital function in assisting the City Council in determining the appropriate
16 course of action in matters relating to the Transition Area or ITA;
17
18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20
21 That the Transition Area/Interfacility Traffic Area Citizens' Advisory Committee
22 (the "Committee") is hereby established to serve as a liaison between the residents and
23 businesses of the Transition Area and ITA and the City Council, and is charged with the
24 following duties and responsibilities:
25
26 1. To become familiar with, and provide advice to the City Council
27 concerning, the provisions and recommendations of the Comprehensive Plan pertaining
28 to the Transition Area and ITA, including, without limitation, Chapter Four (the Princess
29 Anne Commons and Transition Area), the Transition Area Design Guidelines, the
30 Interfacility Traffic Area and Vicinity Master Plan, and all future amendments to the
31 Comprehensive Plan and studies related to the Transition Area or ITA;
32
33 2. To engage in public information efforts to improve communications
34 between the residents and businesses of the Transition Area and ITA and the City
35 government, and to serve as a forum for the discussion of information brought forth by
36 either the public or private sector on matters related to the Transition Area or ITA; and
37
38 3. To monitor and report to the City Council the progress of the
39 implementation of public projects and plans within the Transition Area or ITA and
40 provide recommendations for remedial actions as deemed necessary.
41
42 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
43 BEACH, VIRGINIA:
44
45 1. That the Committee shall be comprised of thirteen (13) persons, of whom
46 two (2) shall be ex officio members appointed by virtue of their office as the City
47 Councilmember and Planning Commission member, respectively, representing the
48 Princess Anne District; one (1) shall be a military or civilian representative of the United
49 States Navy serving at Naval Air Station Oceana; one (1) shall be a representative the
50 Virginia Beach Development Authority; and the remaining members shall be appointed
51 from among the residents or business owners of the City who have an interest in land
52 use and related issues pertaining to the Transition Area and ITA. All members shall
53 serve at the pleasure of the City Council and without compensation;
54
55 2. That with respect to the initial terms of office of the eleven (11) members
56 other than the ex officio members, three (3) shall be for terms of one (1) year, four (4)
57 shall be for terms of two (2) years, and four (4) shall be for terms of three (3) years.
58 Thereafter, the terms of all such members shall be for three (3) years. Any such
59 member that fails to maintain the status qualifying him or her for appointment as set
60 forth above shall be entitled to serve the remainder of his or her term; and
61
62 3. That the existence of the Committee shall be perpetual, unless sooner
63 dissolved by the City Council.
64
65 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12thday of
66 March , 2013.
APPROVED AS TO LEGAL SUFFI()'IENCY:
City Attorney's Office
CA12598
R-2
March 5, 2013
2
-31 -
Item -VI-K.4
ORDINANCES/RESOLUTIONS ITEM #62633
The following individual registered to speak:
Bryan Stevenson, 6212 Antioch Street, Phone: 966-0757, spoke in opposition to the Sustainability Plan.
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Ordinance
re "A Community Plan for a Sustainable Future" as "the City's Plan"
Voting: 8-2
Council Members Voting Aye:
Glenn R. Davis, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis
R. Jones, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr.,
John E. Uhrin and James L. Wood
Council Members Voting Nay:
William R. "Bill" DeSteph
John D. Moss
Council Members Absent:
Rosemary Wilson
March 12, 2013
1 AN ORDINANCE TO ADOPT "A COMMUNITY
2 PLAN FOR A SUSTAINABLE FUTURE" AS THE
3 SUSTAINABILITY PLAN FOR THE CITY OF
4 VIRGINIA BEACH
5
6 WHEREAS, in November 2008, the City of Virginia Beach submitted a proposal
7 to the American Institute of Architects for a Sustainable Design Assessment Team to
8 assist its citizens in addressing key issues facing the community, including land use
9 planning, housing affordability, energy, transportation, and economic development
10 opportunities; and
11
12 WHEREAS, a formal briefing on the Sustainable Design Assessment Team work
13 was presented to City Council on May 25, 2010, and City Council decided to pursue the
14 development of a City Sustainability Plan; and
15
16 WHEREAS, "A Community Plan for a Sustainable Future" has been developed
17 with extensive input from the community and all stakeholders; and
18 WHEREAS, "A Community Plan for a Sustainable Future" reflects extensive
19 coordination and alignment with other City adopted plans, policies and objectives,
20 including the City Council's Strategic Plan, the Envision Virginia Beach 2040
21 Committee's Report, and the updated "A Strategic Plan to Achieve City Council's Vision
22 for the Future".
23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25
26 That "A Community Plan for a Sustainable Future" is hereby adopted as the City
27 of Virginia Beach's Sustainability Plan. Such document has been exhibited to the City
28 Council and copies are available in the Department of Planning, the City Clerk's Office
29 and on the City website.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 12th day
of March , 2013.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SU FICIENCY:
—
-/
CA12600/R-3/March 5, 2013
City Attorney's Office
-32 -
Item -VI-K.5
ORDINANCES/RESOLUTIONS ITEM #62634
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Resolution re ISSUANCE and SALE of $27 -Million General Obligation Public
Improvement Bonds previously approved in May 2011 and 2012, and $60 -Million Public Improvement
Refunding Bonds
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, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
March 12, 2013
COUNCIL VERSION
RESOLUTION OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, PROVIDING FOR THE ISSUANCE AND SALE
OF GENERAL OBLIGATION PUBLIC IMPROVEMENT
BONDS, HERETOFORE AUTHORIZED, IN THE
MAXIMUM AMOUNT OF $27,000,000, AND GENERAL
OBIGATION PUBLIC IMPROVEMENT REFUNDING
BONDS IN THE MAXIMUM PRINCIPAL AMOUNT OF
$60,000,000 TO REFUND PREVIOUSLY AUTHORIZED
AND ISSUED BONDS, AND PROVIDING FOR THE
FORM, DETAILS AND PAYMENT THEREOF
The issuance of $65,500,000 of bonds of the City of Virginia Beach, Virginia (the
"City") was authorized by an ordinance adopted by the City Council of the City of Virginia
Beach, Virginia (the "City Council") on May 10, 2011, without being submitted to the qualified
voters of the City, to finance various public improvements, including schools, roadways, coastal
projects, economic and tourism projects, building and parks and recreation projects, $39,238,112
of which have been issued and sold, leaving and unsold balance of $26,261,888.
The issuance of $67,700,000 of bonds of the City was authorized by an ordinance
adopted by the City Council on May 8, 2012, without being submitted to the qualified voters of
the City, to finance various public improvements, including schools, roadways, coastal projects,
economic and tourism projects, building and parks and recreation projects, none of which bonds
have been issued and sold.
It has been recommended to the City Council by representatives of Public Resources
Advisory Group (the "Financial Advisor") that the City issue and sell a series of general
obligation public improvement bonds in the maximum principal amount of $27,000,000. The
City Council has determined it is in the City's best interest to issue and sell $10,551,866 of the
remaining balance of the bonds authorized on May 10, 2011; and up to $16,448,134 of the bonds
authorized on May 8, 2012.
The City has previously issued its $50,870,000 General Obligation Public Improvement
Bonds, Series 2003B (the "Series 2003B Bonds") of which $15,560,000 is outstanding;
$80,000,000 General Obligation Public Improvement Bonds, Series 2005 (the "Series 2005
Bonds") of which $36,000,000 is outstanding and its $75,000,000 General Obligation Public
Improvement Bonds, Series 2007 (the "Series 2007 Bonds") of which $41,250,000 is
outstanding. It has been recommended to the City Council by the Financial Advisor that the City
may achieve certain debt service savings by refunding all or a portion of the Series 2003B
Bonds, Series 2005 Bonds and Series 2007 Bonds (collectively, the "Prior Bonds") through the
issuance of general obligation public improvement refunding bonds in the maximum aggregate
principal amount of $60,000,000, subject to certain parameters set forth herein.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and
statutes of the Commonwealth of Virginia, including the City Charter (Chapter 147 of the Acts
of the General Assembly of 1962, as amended) and the Public Finance Act of 1991 (Chapter 26,
Title 15.2, Code of Virginia of 1950, as amended), general obligation public improvement bonds
of the City in the maximum principal amount of $27,000,000 (the "Public Improvement Bonds")
and general obligation public improvement refunding bonds of the City in the maximum
principal amount of $60,000,000 (the "Refunding Bonds," and collectively with the Public
Improvement Bonds, the "Bonds"). The proceeds of the Public Improvement Bonds will be used
to provide funds to finance, in part, the costs of various public, school, road and highway,
coastal, economic and tourism, building and parks and recreation improvements, as more fully
described in the ordinances authorizing the Public Improvement Bonds adopted on May 10, 2011
and May 8, 2012. The proceeds of the Refunding Bonds will be used to refund the Prior Bonds
or selected maturities or portions of maturities thereof as herein authorized. Proceeds of the
Public Improvement Bonds and Refunding Bonds may also be applied to the costs incurred in
connection with issuing such obligations.
2. Bond Details. The Bonds may be issued in one or more series and shall be
designated "General Obligation Public Improvement Bonds; provided any Bonds issued as
Refunding Bonds shall also contain the word "Refunding" in such designation. The Bonds shall
contain the series designation 2013 or such other designation as may be determined by the City
Manager, shall be in registered form, shall be dated such date as may be determined by the City
Manager, shall be in denominations of $5,000 and integral multiples thereof and shall be
numbered R-1 or RF -1 upward as appropriate. The Bonds if issued as separate series may be
issued at the same time or at different times as determined by the City Manager in consultation
with the Financial Advisor, and the principal amount of each series of Bonds shall be determined
by the City Manager in his discretion in consultation with the Financial Advisor. Subject to
Section 9, the issuance and sale of the Bonds are authorized on terms as shall be satisfactory to
the City Manager; provided, the Bonds (a) shall have a "true" or "Canadian" interest cost not to
exceed 4.0 % (taking into account any original issue premium or discount), (b) shall be sold to
the purchaser or purchasers thereof at a price not less than 100% of the principal amount thereof,
(c) shall be subject to optional redemption beginning no later than and continuing after
December 31, 2023, at an optional redemption price of no more than 102% of the principal
amount to be redeemed plus accrued interest to the optional redemption date, and (d) shall
mature annually in installments through serial maturities or mandatory sinking fund payments
beginning no later than December 15, 2014, and ending no later than December 15, 2034.
Principal of the Bonds shall be payable annually on dates determined by the City Manager,
which principal payment dates need not be the same for each series.
Each Bond shall bear interest at such rate as shall be determined at the time of sale,
calculated on the basis of a 360 -day year of twelve 30 -day months, and payable semiannually on
dates determined by the City Manager. Principal shall be payable to the registered owners upon
surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined).
Interest shall be payable by check or draft mailed to the registered owners at their addresses as
they appear on the registration books kept by the Registrar on a date prior to each interest
payment date that shall be determined by the City Manager (the "Record Date"). Principal,
premium, if any, and interest shall be payable in lawful money of the United States of America.
Initially, one Bond certificate for each maturity of the Bonds shall be issued to and
2
registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its
nominee. The City has heretofore entered into a Blanket Issuer Letter of Representations relating
to a book -entry system to be maintained by DTC with respect to the Bonds. "Securities
Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant
to this Section 2.
In the event that (a) the Securities Depository determines not to continue to act as the
securities depository for the Bonds by giving notice to the Registrar, and the City discharges its
responsibilities hereunder, or (b) the City, in its sole discretion, determines (i) that beneficial
owners of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities
Depository, then the City's Director of Finance shall, at the direction of the City Manager,
attempt to locate another qualified securities depository to serve as Securities Depository and
authenticate and deliver certificated Bonds to the new Securities Depository or its nominee, or
authenticate and deliver certificated Bonds to the beneficial owners or to the Securities
Depository participants on behalf of beneficial owners substantially in the form provided for in
Section 5; provided, that such form shall provide for interest on the Bonds to be payable (A)
from the date of the Bonds if they are authenticated prior to the first interest payment date, or (B)
from the interest payment date that is or immediately precedes the date on which the Bonds are
authenticated (unless payment of interest thereon is in default, in which case interest on such
Bonds shall be payable from the date to which interest has been paid). In delivering certificated
Bonds, the City's Director of Finance shall be entitled to rely on the records of the Securities
Depository as to the beneficial owners or the records of the Securities Depository participants
acting on behalf of beneficial owners. Such certificated Bonds will then be registrable,
transferable and exchangeable as set forth in Section 7.
So long as there is a Securities Depository for the Bonds, (1) it or its nominee shall be the
registered owner of the Bonds, (2) notwithstanding anything to the contrary in this Resolution,
determinations of persons entitled to payment of principal, premium, if any, and interest,
transfers of ownership and exchanges, and receipt of notices shall be the responsibility of the
Securities Depository and shall be effected pursuant to rules and procedures established by such
Securities Depository, (3) the Registrar and the City shall not be responsible or liable for
maintaining, supervising or reviewing the records maintained by the Securities Depository, its
participants or persons acting through such participants, (4) references in this Resolution to
registered owners of the Bonds shall mean such Securities Depository or its nominee and shall
not mean the beneficial owners of the Bonds, and (5) in the event of any inconsistency between
the provisions of this Resolution and the provisions of the above -referenced Blanket Issuer Letter
of Representations, such provisions of the Blanket Issuer Letter of Representations, except to the
extent set forth in this paragraph and the next preceding paragraph, shall control.
3. Refunding Provisions.
The City Manager is authorized and directed to select the principal maturities of the Prior
Bonds or portions of such maturities to be refunded and to cause to be called for optional
redemption any such maturity or portion thereof to be redeemed prior to its stated maturity in
accordance with the provisions of such bonds; provided such maturities or portions thereof
selected are expected in the aggregate to provide a minimum savings of 3.0% on a net present
value basis as determined by the Financial Advisor. In connection with the refunding herein
3
authorized, the City Manager, if determined necessary or appropriate in consultation with the
Financial Advisor, is authorized to retain the services of independent consultants to provide
verification reports (the "Verification Agent") on aspects of the refunding and is further
authorized to retain the services of one or more escrow agents (the "Escrow Agent") and to enter
into escrow agreements with them to the extent needed to hold and provide for investment of all
or portions of the proceeds of the Refunding Bonds and other funds as needed pending their
application to refund the Prior Bonds or portions thereof selected to be refunded.
4. Redemption Provisions.
(a) Optional Redemption. The Bonds shall be subject to redemption prior to maturity
at the option of the City Manager, in whole or in part, at any time on and after dates, if any,
determined by the City Manager, with the first such optional redemption date beginning no later
than December 31, 2023 as set forth in Section 2 at a redemption price equal to the principal
amount to be redeemed, together with any interest accrued to the date fixed for redemption, plus
a redemption premium, if any, not to exceed 2% of the principal amount to be redeemed, such
redemption premium to be determined by the City Manager in consultation with the Financial
Advisor.
(b) Mandatory Sinking Fund Redemption. Any term bonds may be subject to
mandatory sinking fund redemption upon terms determined by the City Manager.
If so determined by the City Manager, the Bonds may provide that the City may take a
credit against the mandatory sinking fund redemption obligation of any maturity of term Bonds
in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered
for cancellation and have not been applied previously as such a credit. If the City wishes to take
such a credit, on or before the 70th day next preceding any such mandatory sinking fund
redemption date, the City's Director of Finance may instruct the Registrar to apply a credit
against the City's mandatory sinking fund redemption obligation for any Bonds of the applicable
maturity that have been optionally redeemed or surrendered for cancellation by the City and have
not been previously applied as a credit against any mandatory sinking fund redemption
obligation for that maturity of the Bonds. Each Bond so previously optionally redeemed or
surrendered shall be credited at 100% of the principal amount thereof against the principal
amount of such maturity of the Bonds required to be redeemed on such mandatory sinking fund
redemption date or dates for such maturity as may be selected by the Director of Finance.
(c) Selection of Bonds for Redemption. If less than all of the Bonds are called for
optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's
Director of Finance in such manner as may be determined to be in the best interest of the City. If
less than all of a particular maturity of the Bonds are called for redemption, the Bonds within
such maturity to be redeemed shall be selected by the Securities Depository pursuant to its rules
and procedures or, if the book -entry system is discontinued, shall be selected by the Registrar by
lot in such manner as the Registrar in its discretion may determine In either case, (a) the portion
of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple
thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing
that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000.
4
(d) Redemption Notices. The City shall cause notice of the call for redemption
identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission,
registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days
prior to the redemption date, to the registered owner of the Bonds. The City shall not be
responsible for mailing notice of redemption to anyone other than DTC or another qualified
Securities Depository or its nominee unless no qualified Securities Depository is the registered
owner of the Bonds. If no qualified Securities Depository is the registered owner of the Bonds,
notice of redemption shall be mailed to the registered owners of the Bonds. If a portion of a
Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion
thereof will be issued to the registered owner upon the surrender thereof.
5. Execution and Authentication. The Bonds shall be signed by the manual or
facsimile signature of the Mayor or Vice -Mayor, shall be countersigned by the manual or
facsimile signature of the City Clerk or Deputy Clerk, and the City's seal shall be affixed thereto
or a facsimile thereof printed thereon; provided, that if both of such signatures are facsimiles, no
Bond shall be valid until it has been authenticated by the manual signature of the City Treasurer,
as Registrar, or an authorized officer or employee of any bank or trust company serving as
successor Registrar and the date of authentication noted thereon.
6. Bond Form. The Bonds shall be in substantially the form attached to this
Resolution as Exhibit A, with such completions, omissions, insertions and changes not
inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose
approval shall be evidenced conclusively by the execution and delivery of the Bonds.
7. Pledge of Full Faith and Credit. The full faith and credit of the City are
irrevocably pledged for the payment of the principal of, premium, if any, and interest on the
Bonds. Unless other funds are lawfully available and appropriated for timely payment of the
Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other
taxes authorized or limited by law and without limitation as to rate or amount, on all locally
taxable property in the City sufficient to pay when due the principal of, premium, if any, and
interest on the Bonds.
8. Registration, Transfer and Owners of Bonds. The City Treasurer is
appointed paying agent and registrar for the Bonds (the "Registrar"). The City may appoint a
qualified bank or trust company as successor paying agent and registrar of the Bonds. The
Registrar shall maintain registration books for the registration and registration of transfers of the
Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, or at its
designated corporate trust office if the Registrar is a bank or trust company, together with an
assignment duly executed by the registered owner or his duly authorized attorney or legal
representative in such form as shall be satisfactory to the Registrar, the City shall execute, and
the Registrar shall authenticate, if required by Section 5, and shall deliver in exchange, a new
Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the
same form and maturity, bearing interest at the same rate and registered in the name as requested
by the then registered owner thereof or its duly authorized attorney or legal representative. Any
such transfer or exchange shall be at the expense of the City, except that the Registrar may
charge the person requesting such transfer or exchange the amount of any tax or other
governmental charge required to be paid with respect thereto.
5
The Registrar shall treat the registered owner as the person or entity exclusively entitled
to payment of principal, premium, if any, and interest and the exercise of all other rights and
powers of the owner, except that interest payments shall be made to the person or entity shown
as owner on the registration books as of the Record Date.
9. Sale of Bonds. The City Council approves the following terms of the sale of the
Bonds. The Bonds shall be sold by competitive bid in a principal amount to be determined by the
City Manager, in collaboration with the Financial Advisor, and subject to the limitations set forth
in Sections 1 through 3, and the City Manager shall receive bids for the Bonds and award the
Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the
limitations set forth in Section 2. Following the sale of the Bonds, the City Manager shall file a
certificate with the City Clerk setting forth the final terms of the Bonds. The actions of the City
Manager in selling the Bonds shall be conclusive, and no further action with respect to the sale
and issuance of the Bonds shall be necessary on the part of the City Council.
10. Notice of Sale; Bid Form. The City Manager, in collaboration with the Financial
Advisor, is authorized and directed to take all proper steps to advertise the Bonds for sale
substantially in accordance with the forms of the Official Notice of Sale and the Official Bid
Form, which forms are attached as an Appendix to the draft of the Preliminary Official Statement
described in Section 11 below, and which forms are approved; provided, that the City Manager,
in collaboration with the Financial Advisor, may make such changes in the Official Notice of
Sale and the Official Bid Form not inconsistent with this Resolution as he may consider to be in
the best interest of the City.
11. Official Statement. A draft of a Preliminary Official Statement describing the
Bonds, a copy of which has been provided or made available to each member of the City
Council, is approved as the form of the Preliminary Official Statement by which the Bonds will
be offered for sale, with such completions, omissions, insertions and changes not inconsistent
with this Resolution as the City Manager, in collaboration with the Financial Advisor, may
consider appropriate. After the Bonds have been sold, the City Manager, in collaboration with
the Financial Advisor, shall make such completions, omissions, insertions and changes in the
Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable
to complete it as a final Official Statement for the Bond, execution thereof by the City Manager
to constitute conclusive evidence of his approval of any such completions, omissions, insertions
and changes. The City shall arrange for the delivery to the purchaser of the Bonds of a
reasonable number of copies of the final Official Statement by the earlier of seven business days
after the Bonds have been sold or the date of issuance thereof, for delivery to each potential
investor requesting a copy of the Official Statement and for delivery to each person to whom
such purchaser initially sells Bonds.
12. Official Statement Deemed Final. The City Manager is authorized, on behalf of
the City, to deem the Preliminary Official Statement and the Official Statement in final form for
the Bonds, each to be final as of its date within the meaning of Rule 15c2-12 ("Rule 15c2-12") of
the Securities and Exchange Commission (the "SEC"), except for the omission in the
Preliminary Official Statement of certain pricing and other information permitted to be omitted
pursuant to Rule 15c2-12. The distribution of the Preliminary Official Statement and the Official
Statement in final form shall be conclusive evidence that each has been deemed final as of its
date by the City, except for the omission in the Preliminary Official Statement of such pricing
and other information permitted to be omitted pursuant to Rule 15c2-12.
13. Preparation and Delivery of Bonds. After bids have been received and the
Bonds have been awarded to the winning bidder, the officers of the City are authorized and
directed to take all proper steps to have the Bonds prepared and executed in accordance with
their terms and to deliver the Bonds to the purchaser thereof upon payment therefor.
14. Arbitrage Covenants. The City covenants that it shall not take or omit to take
any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within
the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations
issued pursuant thereto (the "Code"), or otherwise cause interest on the Bonds to be includable in
the gross income of the registered owners thereof under existing laws. Without limiting the
generality of the foregoing, the City shall comply with any provision of law that may require the
City at any time to rebate to the United States any part of the earnings derived from the
investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally
recognized bond counsel that such compliance is not required to prevent interest on the Bonds
from being includable in the gross income of the registered owners thereof under existing law.
The City shall pay any such required rebate from its legally available funds.
15. Non -Arbitrage Certificate and Elections. Such officers of the City as may be
requested are authorized and directed to execute an appropriate certificate setting forth the
reasonably expected use and investment of the proceeds of the Bonds in order to show that such
reasonably expected use and investment will not violate the provisions of Section 148 of the
Code, and any elections such officers deem desirable regarding rebate of earnings to the United
States, for purposes of complying with Section 148 of the Code. Such certificate and elections
shall be in such form as may be requested by bond counsel for the City.
16. Limitation on Private Use. The City covenants that it shall not permit the
proceeds of the Bonds or the facilities financed or refinanced with the proceeds of the Bonds to
be used in any manner that would result in (a) 5% or more of such proceeds or of the facilities
financed or refinanced with such proceeds being used in a trade or business carried on by any
person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or
more of such proceeds or the facilities being financed with such proceeds being used with
respect to any output facility (other than a facility for the furnishing of water), within the
meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used
directly or indirectly to make or finance loans to any person other than a governmental unit, as
provided in Section 141(c) of the Code; provided, that if the City receives an opinion of
nationally recognized bond counsel that any such covenants need not be complied with to
prevent the interest on the Bonds from being includable in the gross income for federal income
tax purposes of the registered owners thereof under existing law, the City need not comply with
such covenants.
17. Post -Issuance Compliance. The Post Issuance Compliance Procedures
established as directed by resolution of the City Council adopted on March 13, 2012 will apply
to the Bonds to ensure that the proceeds of the Bonds and the projects financed or refinanced
with such proceeds are used in compliance with the provisions of federal tax law applicable to
tax-exempt governmental obligations.
18. Continuing Disclosure Agreement. The Mayor, the City Manager and such
officer or officers of the City as either may designate are hereby authorized and directed to
execute and deliver a continuing disclosure agreement setting forth the reports and notices to be
7
filed by the City and containing such covenants as may be necessary to assist the purchaser of
the Bonds in complying with the provisions of Rule 15c2-12. Such continuing disclosure
agreement shall be substantially in the form attached as an Appendix to the draft of the
Preliminary Official Statement described in Section 11 above, which form is approved with such
completions, omissions, insertions and changes that are not inconsistent with this Resolution.
19. Other Actions. All other actions of officers of the City and of the City Council
in conformity with the purposes and intent of this Resolution and in furtherance of the issuance
and sale of the Bonds are hereby ratified, approved and confirmed. The officers of the City are
authorized and directed to execute and deliver all certificates and instruments and to take all such
further action as may be considered necessary or desirable in connection with the issuance, sale
and delivery of the Bonds.
20. Investment Authorization. The City Council hereby authorizes the Director of
Finance to direct the City Treasurer to utilize the State Non -Arbitrage Program of the
Commonwealth of Virginia ("SNAP") in connection with the investment of the proceeds of the
Bonds, if the City Manager and the Director of Finance determine that the utilization of SNAP is
in the best interest of the City. The City Council acknowledges that the Treasury Board of the
Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection
with SNAP, except as otherwise provided in the SNAP Contract.
21. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in
conflict herewith are repealed.
22. Effective Date. This Resolution shall take effect immediately.
Exhibit A Form of Bond
8
Exhibit A — Form of Bond
Unless this certificate is presented by an authorized representative of The
Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for
registration of transfer, exchange or payment, and this certificate is registered in the name
of Cede & Co., or in such other name as is requested by an authorized representative of
DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an
authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE
HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL
inasmuch as the registered owner hereof, Cede & Co., has an interest herein.
REGISTERED
No
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
[General Obligation Public Improvement [Refunding] Bond
Series 2013
REGISTERED
INTEREST RATE MATURITY DATE DATED DATE CUSIP
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: DOLLARS
The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay,
upon surrender hereof to the registered owner hereof, or registered assigns or legal
representative, the Principal Amount stated above on the Maturity Date stated above, subject to
prior redemption as hereinafter provided, and promises to pay interest hereon from the Dated
Date stated above on each and , beginning 1, 2013, at the annual
Interest Rate stated above, calculated on the basis of a 360 -day year of twelve 30 -day months.
Principal, premium, if any, and interest are payable in lawful money of the United States of
America by the City Treasurer, who has been appointed Registrar (the "Registrar"). The City
may appoint a qualified bank as successor paying agent and registrar for the bonds.
Notwithstanding any other provision hereof, this bond is subject to a book -entry system
maintained by The Depository Trust Company ("DTC"), and the payment of principal, premium,
if any, and interest, the providing of notices and other matters shall be made as described in the
City's Blanket Issuer Letter of Representations to DTC.
This bond is one of an issue of $ [General Obligation Public
Improvement [Refunding] Bonds, Series 2013 (the "Bonds"), of like date and tenor, except
as to number, denomination, rate of interest, privilege of redemption and maturity, and is issued
pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City
Charter and the Public Finance Act of 1991. The Bonds have been authorized by ordinances
adopted by the City Council of the City of Virginia Beach (the "City Council") on May 11, 2010
and May 8, 2012, and, [The Refunding Bonds] are being issued pursuant to a resolution adopted
by the City Council on March , 2013 (the "Bond Resolution"), to finance [various public,
school, road and highway, coastal, economic and tourism, building and parks and recreation
improvements,] [to refund $ of the City's General Obligation Bonds, Series
] and to pay costs of issuance of the Bonds.
The Bonds maturing on or before [ , 20], are not subject to optional redemption
prior to maturity. The Bonds maturing on or after [ , 20_], are subject to redemption
prior to maturity at the option of the City on or after [ , 20], in whole or in part at any
time (in any multiple of $5,000), upon payment of the following redemption prices (expressed as
a percentage of principal amount of the Bonds to be redeemed) plus interest accrued and unpaid
to the date fixed for redemption:
Period During Which Redeemed
(Both Dates Inclusive)
Redemption Price
The Bonds maturing on , 20 , are required to be redeemed in part before
maturity by the City on , 20 in the years and amounts set forth below, at a
redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus
interest accrued and unpaid to the date fixed for redemption:
Year
Amount
Year
Amount
The Bond Resolution provides for a credit against the mandatory sinking fund
redemption of the Bonds maturing on , 20_ in the amount of Bonds of the same
maturity that have been optionally redeemed or surrendered for cancellation and have not been
applied previously as such a credit.
If less than all of the Bonds are called for optional redemption, the maturities of the
Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may
be determined to be in the best interest of the City. If less than all the Bonds of a particular
maturity are called for redemption, the Bonds within such maturity to be redeemed shall be
selected by DTC or any successor securities depository pursuant to its rules and procedures or, if
the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as
the Registrar in its discretion may determine In either case, (a) the portion of any Bond to be
redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in
selecting Bonds for redemption, each Bond shall be considered as representing that number of
A-2
Bonds that is obtained by dividing the principal amount of such Bond by $5,000.
The City shall cause notice of the call for redemption identifying the Bonds or portions
thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or
overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date,
to DTC or its nominee as the registered owner hereof If a portion of this bond is called for
redemption, a new Bond in the principal amount of the unredeemed portion hereof will be issued
to the registered owner upon surrender hereof.
The full faith and credit of the City are irrevocably pledged for the payment of principal
of, premium, if any, and interest on this bond. Unless other funds are lawfully available and
appropriated for timely payment of this bond, the City Council shall levy and collect an annual
ad valorem tax, over and above all other taxes authorized or limited by law and without
limitation as to rate or amount, on all taxable property within the City sufficient to pay when due
the principal of, premium, if any, and interest on this bond.
The Registrar shall treat the registered owner of this bond as the person or entity
exclusively entitled to payment of principal of and interest on this bond and the exercise of all
other rights and powers of the owner, except that interest payments shall be made to the person
or entity shown as the owner on the registration books on the first day of the month preceding
each interest payment date.
In the event a date for the payment of principal, redemption price, or interest on this bond
is not a business day, then payment of principal, redemption price, and interest on, this bond
shall be made on the next succeeding day which is a business day, and if made on such next
succeeding business day, no additional interest shall accrue for the period after such payment or
redemption date.
All acts, conditions and things required by the Constitution and statutes of the
Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of
this bond have happened, exist and have been performed, and the issue of Bonds of which this
bond is one, together with all other indebtedness of the City, is within every debt and other limit
prescribed by the Constitution and statutes of the Commonwealth of Virginia.
A-3
IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond
to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this
bond to be dated the Dated Date stated above.
COUNTERSIGNED:
(SEAL)
Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia
A-4
ASSIGNMENT
FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto:
(Please print or type name and address, including postal zip code, of Transferee)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF TRANSFEREE:
the within bond and all rights thereunder, hereby irrevocably constituting and appointing
, Attorney, to
on the books kept for the registration thereof, with full power of substitution in
transfer said bond
the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be
guaranteed by an Eligible Guarantor Institution
such as a Commercial Bank, Trust Company,
Securities Broker/Dealer, Credit Union or
Savings Association who is a member of a
medallion program approved by The Securities
Transfer Association, Inc.
(Signature of Registered Owner)
NOTICE: The signature above must
correspond with the name of the registered
owner as it appears on the front of this bond in
every particular, without alteration or
enlargement or any change whatsoever.
A-5
Requires an affirmative vote by a majority of the members of the City Council.
Adopted by the City Council of the City of Virginia Beach, Virginia, this 12 t hday of
March, 2013.
APPROVED AS TO CONTENT:
(tA L 0
Finance Department
APPROVED AS TO LEGAL
SUFFICIENCY:
A-6
-33 -
Item -VI -K.6
ORDINANCES/RESOLUTIONS ITEM #62635
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to DECLARE property adjacent to 708 Arctic Avenue and Lake Holly in
EXCESS of the City's needs and AUTHORIZE the City Manager to CONVEY same to James R., Jr. and
Deborah J. Flanagan in EXCHANGE (Deferred February 26, 2013)
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, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
March 12, 2013
1 AN ORDINANCE DECLARING 589 SQ. FT. OF
2 CITY-OWNED PROPERTY LOCATED ADJACENT
3 TO 708 ARCTIC AVENUE AND LAKE HOLLY TO
4 BE IN EXCESS OF THE CITY'S NEEDS AND
5 AUTHORIZING THE PROPERTY TO BE SOLD OR
6 OTHERWISE CONVEYED TO JAMES R.
7 FLANAGAN, JR. AND DEBORAH J. FLANAGAN
8
9 WHEREAS, the City of Virginia Beach (the "City") owns Lake Holly (GPIN
10 2423-23-1690) ("City Property");
11
12 WHEREAS, James R. Flanagan, Jr. and Deborah J. Flanagan
13 ("Flanagan") own property located at 708 Arctic Avenue (GPIN 2427-13-7482)
14 ("Flanagan Property"), adjacent to Lake Holly;
15
16 WHEREAS, on October 28, 1997, City Council declared approximately
17 1,163 sq. ft. of City Property located adjacent to the Flanagan Property in excess of the
18 City's needs and authorized conveyance to Flanagan; however, the sale was not
19 finalized;
20
21 WHEREAS, in June 2012, Flanagan contacted City staff and requested that the
22 sale be finalized;
23
24 WHEREAS, during review of the 1997 Council action, it was discovered that
25 there was no notice of public hearing as required by law, rendering Ordinance ORD-97-
26 2461E void;
27
28 WHEREAS, the City and Flanagan have negotiated a land exchange whereby
29 the City would convey a 589 sq. ft. portion of the City Property to Flanagan, in exchange
30 for Flanagan conveying a 96 sq. ft. portion of the Flanagan Property to the City, plus
31 paying City the difference in the value of the two parcels being exchanged; and
32
33 WHEREAS, City Council is of the opinion that a 589 sq. ft. portion of the City
34 Property is in excess of the needs of the City, and that the exchange contemplated
35 herein is in the best interest of the City.
36
37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
38 VIRGINIA BEACH, VIRGINIA:
39
40 1. That 589 sq. ft. of the City Property (part of GPIN 2427-23-1690), located
41 adjacent to Lake Holly, is declared to be in excess of the needs of the City of Virginia
42 Beach.
43
44 2. That the City Manager is hereby authorized to convey the 589 sq. ft.
45 portion of City Property declared excess to Flanagan, in exchange for Flanagan
46 conveying 96 sq. ft. of the Flanagan property located at 708 Arctic Avenue (part of GPIN
47 2427-13-7482) to the City, and paying the City additional consideration as set forth in
48 the Summary of Terms, attached hereto as Exhibit A, and made a part hereof.
49
50 3. That the City Manager is hereby authorized to execute any and all
51 documents necessary to effect the exchange of property contemplated herein, inc
52 accordance with the Summary of Terms, and such other terms, conditions and
53 modifications as may be acceptable to the City Manager and in a form deemed
54 satisfactory by the City Attorney.
55
56 This ordinance shall be effective from the date of its adoption.
57
58 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day
59 of March , 2013.
THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS
OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL.
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
aarrnm-
C - ( ,so
lic Works / Real Estate
CA12432
�lGt�
City Attorne
\\vbgov.com\DFS1\Applications\CityLawProd\cycom32\W pdocs\D024\P014\00054972.DOC
R-2
February 12, 2013
0
-34 -
Item -VI-K.7
ORDINANCES/RESOLUTIONS ITEM #62636
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of the City's right-of-
way for Gateway Towers Associates, LLC, BQTS, LLC and Gateway Investments, LLC to construct and
maintain concrete paver walkways, a cantilevered balcony, low roof overhang, canopies, wall sconce
lights, landscaping and door swings at 3305 and 3317 Atlantic Avenue District 6 — BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance to AUTHORIZE temporary encroachments into a portion of
the City's right-of-way for Gateway Towers Associates, LLC, BQTS,
LLC and Gateway Investments, LLC to construct and maintain concrete
paver walkways, a cantilevered balcony, low roof overhang, canopies,
wall sconce lights, landscaping and door swings at 3305 and 3317
Atlantic Avenue District 6 — BEACH
The following conditions shall be required:
1. 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.
2. 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 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.
3. It is further expressly understood and agreed that 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 that the Grantee will bear all costs and expenses of such removal.
4. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless,
and defend the City, its agents and employees, from and against all claims, damages, losses and
expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an
action arising out of the construction, location or existence of the Temporary Encroachments.
5. It is further expressly understood and agreed that nothing herein contained shall be construed to
enlarge the permission and authority to permit the maintenance or construction of any
encroachment other than that specified herein and to the limited extent specified herein, nor to
permit the maintenance and construction of any encroachment by anyone other than the Grantee.
6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary
Encroachments so as not to become unsightly or a hazard.
March 12, 2013
-35 -
Item -VI-K7
ORDINANCES/RESOLUTIONS ITEM #62636(Continued)
7. It is further expressly understood and agreed that the Grantee must submit and have approved a
Traffic Control Plan before commencing work in the Encroachment Area.
8. It is further expressly understood and agreed that the Grantee agrees that no open cut of the
public roadway will be allowed, except under extreme circumstances. Requests for exceptions
must be submitted to the Highway Operations Division, Department of Public Works, for final
approval.
9. 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').
10. It is further expressly understood and agreed that prior to issuance of a right-of-way/utility
Easement Permit, the Grantee must post a bond or other security, in the amount of two times
their engineer's cost estimate, to the Department of Planning to guard against damage to City
property or facilities during construction.
11. 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, 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 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.
12. It is further expressly understood and agreed that the Temporary Encroachments must conform to
the minimum setback requirements, as established by the City.
13. 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.
14. 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 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.
March 12, 2013
-36 -
Item -VI-K.7
ORDINANCES/RESOLUTIONS ITEM #62636(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, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
March 12, 2013
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF THE CITY
6 RIGHT-OF-WAY KNOWN AS 34TH
7 STREET AND ATLANTIC BOULEVARD
8 (CITY GREENBELT), LOCATED AT
9 3305 AND 3317 ATLANTIC AVENUE,
10 FOR GATEWAY TOWERS
11 ASSOCIATES, LLC, A VIRGINIA
12 LIMITED LIABILITY COMPANY, BQTS,
13 LLC, A VIRGINIA LIMITED LIABILITY
14 COMPANY AND GATEWAY
15 INVESTMENTS, LLC, A VIRGINIA
16 LIMITED LIABILITY COMPANY
17
18 WHEREAS, Gateway Towers Associates, LLC, BQTS, LLC and Gateway
19 Investments, LLC desires to construct and maintain concrete paver walkways,
20 cantilevered balcony, low roof overhang, canopies, wall sconce lights, landscaping and
21 door swings within the City right-of-way known as 34th Street and Atlantic Boulevard, in
22 the City of Virginia Beach, Virginia.
23
24 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
25 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
26 City's right-of-way subject to such terms and conditions as Council may prescribe.
27
28 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
29 VIRGINIA BEACH, VIRGINIA:
30 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
31 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Gateway Towers Associates,
32 BQTS, LLC and Gateway Investments, LLC its heirs, assigns and successors in title are
33 authorized to construct and maintain temporary encroachments for concrete paver
34 walkways, cantilevered balcony, low roof overhang, canopies, wall sconce lights,
35 landscaping and door swings, within the City's right-of-way as shown on the map
36 marked Exhibits "1.1 thru 1.5" and entitled: "34th Street Hilton Garden Inn
37 Encroachments into Right -of -Way 34th Street & Atlantic Boulevard Virginia Beach, VA,"
38 a copy of which is on file in the Department of Public Works and to which reference is
39 made for a more particular description; and
40
41 BE IT FURTHER ORDAINED that the temporary encroachments are expressly
42 subject to those terms, conditions and criteria contained in the Agreement between the
43 City of Virginia Beach and Gateway Towers Associates, LLC, BQTS, LLC and Gateway
44 Investments, LLC (the "Agreement"), which is attached hereto and incorporated by
45 reference; and
46
I
47 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is
48 hereby authorized to execute the Agreement; and
49
50 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such
51 time as Gateway Towers Associates, LLC, BQTS, LLC and Gateway Investments, LLC
52 and the City Manager or his authorized designee execute the Agreement.
53
54 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day
55 of March , 2013.
CA -12415
R-1
PREPARED: 2/28/13
APPROVED AS TO CONTENTS
ELIC WORKS, REAL ESTATE
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
r"ARMEYER,
AS IS ANT CITY ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 28th day of February, 2013, by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth
of Virginia, Grantor, "City", and GATEWAY TOWERS ASSOCIATES, LLC, a Virginia
limited liability company, BQTS, LLC, a Virginia limited liability company and GATEWAY
INVESTMENTS, LLC, a Virginia limited liability company, ITS 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 6A" as shown on that certain plat entitled:
"RESUBDIVISION OF LOTS 3, 4, 5, & 6 BLOCK 78 VIRGINIA BEACH DEVELOPMENT
COMPANY MAP NO. 3 M.B. 3 P. 176-177 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 20'
OCTOBER 10, 2012 SHEET 1 OF 2", and said plat is recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia at Instrument #20130219000192870,
and being further designated, known, and described as 3305 and 3317 Atlantic Avenue,
Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to construct and maintain concrete
paver walkways, cantilevered balcony, low roof overhang, canopies, wall sconce lights,
landscaping and door swings, collectively, the "Temporary Encroachments", in the City of
Virginia Beach; and
GPIN: (CITY RIGHT-OF-WAY — NO GPIN REQUIRED OR ASSIGNED)
2428-03-5108-0000
WHEREAS, in constructing and maintaining the Temporary Encroachments,
it is necessary that the Grantee encroach into a portion of an existing City right-of-way
known as 34th Street and Atlantic Boulevard, (City Greenbelt), 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 are more particularly described as follows, to wit:
Temporary Encroachments into the Encroachment Area as
shown on that certain exhibit plat entitled: "34th Street Hilton
Garden Inn Encroachments into Right -of -Way 34th Street &
Atlantic Boulevard Virginia Beach, VA," prepared by
GoldKey/PHR, said exhibit plat consists of five (5) sheets,
copies of which are attached hereto as Exhibits "1.1 thru 1.5,"
dated October 11, 2012, 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.
2
It is further expressly understood and agreed that 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 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 submit
and have approved a traffic control plan before commencing work in the Encroachment
Area.
It is further expressly understood and agreed that the Grantee agrees that no
open cut of the public roadway will be allowed except under extreme circumstances.
Requests for exceptions must be submitted to the Highway Operations Division,
Department of Public Works, for final approval.
3
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 prior to issuance of a right-
of-way/utility easement Permit, the Grantee must post a bond or other security, in the
amount of two times their engineer's cost estimate, to the Department of Planning to guard
against damage to City property or facilities during construction.
It is further expressly understood and agreed that the Grantee must obtain
and keep in 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 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.
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
4
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 allowed to continue thereafter, and may collect
such compensation and penalties in any manner provided by law for the collection of local
or state taxes.
IN WITNESS WHEREOF, the said Gateway Towers Associates, LLC,
BQTS, LLC and Gateway Investments, LLC, the said Grantee, has caused this Agreement
to be executed in its name on its behalf by Robert M. Howard, with due authority to bind
said limited liability companies. 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
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
(SEAL)
The foregoing instrument was acknowledged before me this day of
2013, 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 me this day of
, 2013, by , CITY
CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, on its behalf. She is personally known to me.
Notary Registration Number:
My Commission Expires:
6
(SEAL)
Notary Public
GATEWAY TOWERS ASSOCIATES, LLC,
BQTS, LLC and
GATEWAY INVESTMENTS, LLC,
all Virginia limited liability companies
By ~�
Robert M. Howard
C/U (SEAL)
STATE OF 1(1I Q
CITY/ COUNTY F ka\k tick (Witch , to -wit:
The foregoing instrument was acknowledged before me this 9 day of
V OYUCLY) , 2013, by Robert M. Howard.
Notary Registration Number: 11,1.40 8
My Commission Expires:
APPROVED AS TO CONTENTS
PW R Eitai
DEPARTMENT
20300832v1
0
7
_qtilll
otary Public
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
NT
EYER,
C TY ATTORNEY
J '›+
Q.I
O.
i
.10
bun Alaadoad
y C
c
OJ
QD L
J U U
NfO L
o°v paenaino8�ueRV
C
i�
In 47 U_
>� p d
i ?
FLOOR PLAN (not to scale)
N
c -i
0
N
r -I
0
sty
to
0
See Exhibit 1.1
M
r -I
ti 11110
Z a — ` • _
w U' LLI N O • Q
Z. U
c w d 1 rl C 0 C(O 0
Ln. m I ++ 0 c (o QJ U'
0 0 1 ▪ +-+ m
t >.
Q N 1 _C _ 4—, Q (ts
0 �t I X = p7 C -Q
- N
o 0 z � W N E w .i� v
• U 0 ' (n U (D
ca i ++ Q
t N
C ' +� O "C.,,,_ L
a I m C a
I W
' 1 • '1 I
I " " /.
-- '
Ai
' I 1 i !
!+ �: ' '
I
I
I
I
1
I
I
I_
'
See Exhibit 1.1
paenaino8 Di.uelly
See Exhibit 1.3
FLOOR PLAN
•aU! AVadoad
•
cu'
- I
U �
4JI
f13
'
-C Q
.4-1 w
023z
ca
a)I
c
N W J.
C L �
N
m L_
9 p.IQ N
N c �.
a o N al
c
o Z
a` ra a
U 0 I
c I
ra
76
�
—
1 > _
= 0 CV a
mCU
oot (-)0 —
r -I H, U
O C 0 tOn
CO CU
S = 4-, Q fQ 5.
xc aj '"E
N E w 22. N
L L
O V) 0)
a
m C m
34th Street Right
w
c
Y
C
J U
otakt, r.
0 i
U
,
co
C �p
N Q fl
N
N
T-1
0
N
U
0
(130
.aui. A1aad0ad
1
4
I
I N a
cc
r o a)
1 76 E
_I
oo o f e o � o
1..E. 'O to y c
N
O
4UI -+ W vii of E 0 'v ce
_1 111
0 0
(.aI CO
�' N
cn
pienaino8 3!WeiW
AeM Jo 142i):1 leans 41t7E
ai� Ali do.i
Li d
0
V)
U
ca
0
U
W
0
z
W
O
O
N
O
L
co
vo
toco
I o 0
0 V
O C 11
CC _C
3 a on
O
0.1
J 1f1 .0 00
L
z
T
C 0
O O
c6 E Q1
m _c —
13 0
O f9 Q1
C
`0 O O O
C +' 0co
CD
o X m >
0 0o 0 00
N c0 Cr) L
u0 O
to o O Q)
0 c 0 O
1 00
N Q) v
O0p O- O
-;:tL
C 11
O L
O ti0
Q1
L
c
N
L
co
0-45
m
not to sca
0
0
L
0
0)
0
EAST ELEVATION -
L
co
v
0
co
U
c6
1v
4-,v
1.4
m
t
U
co
.coco
bO
N
�-i
0
r-1
C�1
4j
0
CO
0
North
A
New Hotel Site
>ca -E
C 1 > =
c o °' a
c 12 ° ▪ >co Y
111 Ur m U -O
r"i C O C O
4- O C cv N L9
w c • 06 ▪ 'E
N E - CD
CU N ,LA 2
i
.c 2 > co
N 03 N
O i
c m
w
ATLANTIC BOULEVARD IMPROVEMENTS
2428-03-5108
Legend
City Property
PreOarRJ Gs, P W /Er.9 IErN. S. 1 Services 1.10227,201
LOCATION MAP
3317 ATLANTIC AVENUE
GPIN 2428-03-5108
Feet
0 50 100 200
x_\CRLGWroiRcisuWC FlksWCEND MAPswant, 4vol242303f•108\2428-035107 rr d
-37 -
Item -VI-K.8
ORDINANCES/RESOLUTIONS ITEM #6263 7
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE and TRANSFER $97,268 within the Department of Human
Services and $1,247 from the State to provide seven (7) new full-time positions in the Child Protective
Services Program (CPS)
Voting: 9-1
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Amelia N. Ross -Hammond, Mayor
William D. Sessoms, Jr., John E. Uhrin and James L. Wood
Council Members Voting Nay:
John D. Moss
Council Members Absent:
Rosemary Wilson
March 12, 2013
1 AN ORDINANCE TO APPROPRIATE
2 FUNDS, TO TRANSFER FUNDS, AND TO
3 AUTHORIZE SEVEN FULL-TIME
4 POSITIONS IN THE CHILD PROTECTIVE
5 SERVICES PROGRAM
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 1. That $97,268 is hereby transferred within the Department of Human Services to
10 provide funding for additional positions in the Child Protective Services (CPS)
11 Program;
12
13 2. That $1,247 in state revenues are hereby appropriated, with estimated state
14 revenues increased accordingly, to the Department of Human Services;
15
16 3. That seven full-time positions are hereby authorized in the CPS Program of the
17 Department of Human Services;
18
19 4. The effective date of the full-time position authorization is April 1, 2013.
Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of
March , 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:
Manage ' en ' Services Atforr(ey's Office
CA12475
R-1
March 6, 2013
-38 -
Item -VI-K.8
ORDINANCES/RESOLUTIONS ITEM #62638
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED ADD-ON
Ordinance, BY CONSENT:
Ordinance to EXTEND compliance re Condition No. 1 of a Street
Closure for ARAI Americas, Inc. for a portion of Bayside Road to
September 1, 2013
Voting: 10-0 (By Consent)
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, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
March 12, 2013
1 AN ORDINANCE EXTENDING THE DATE TO
2 SATISFY THE MODIFIED CONDITION OF A
3 STREET CLOSURE OF A PORTION OF
4 BAYSIDE ROAD
5
6 WHEREAS, on June 22, 1999, City Council approved the application of Arai
7 Seisakusho Company, Ltd., now known as ARAI Americas, Inc. (the "Applicant"), for the
8 closure of a portion of Bayside Road, subject to certain conditions;
9
10 WHEREAS, on August 8, 2012, the Planning Commission passed a motion to
11 recommend approval by City Council of a request by the Applicant to modify a condition
12 of the street closure;
13
14 WHEREAS, on September 18, 2012, by Ordinance (ORD -3259T), City Council
15 approved the Applicant's request for modification of a condition of the street closure;
16
17 WHEREAS, the modification of the condition required that, on or before March
18 17, 2013, the Applicant shall dedicate a public access easement over its property in lieu
19 of constructing a cul-de-sac as required by the June 22, 1999 Ordinance, and
20
21 WHEREAS, on March 7, 2013 the Applicant requested an extension of time to
22 satisfy the modified condition set forth in the September 18, 2012 Ordinance;
23
24 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
25 Beach, Virginia:
26
27 That the date for meeting the modified condition of the closure as stated in the
28 Ordinance adopted on September 18, 2012 (ORD -3259T), upon application of ARAI
29 Americas, Inc., is extended to September 11, 2013.
30
31 Adopted by the Council of the City of Virginia Beach, Virginia, on this 12th day
32 of March , 2013.
APPROVED AS TO CONTENT:
CA12547
\\vbgov.com\DFS1'Applications\CityLawProd\cycom32\W pdocs\D007\P017\00060366.DOC
R-1
March 8, 2013
APPROVED AS TO LEGAL
SUFFICIENCY:
tua4, ta/u#,07„)
City Attorney
LOCATION MAP
Proposed Location of Access Easement
ARAI Americas, Inc.
Item -VI-L
PLANNING
1. ROVING AUTO, INC. and
KRIST ENTERPRISES
2. EVERGREEN VIRGINIA, LLC
3. VILLAGE BEND, LLC and
VILLAGE BEND HOMEOWNERS
ASSOCIATION
4. BRENDA R. CORNWELL
5. SANDRA MILLER
6. JOSEPH CASTILLO and
EDDIE R. CREEKMORE, JR.
-39-
ITEM #62639
MODIFICATION OF CONDITIONS
MODIFICATION OF CONDITIONS
MODIFICATION OF PROFFERS
CONDITIONAL USE PERMIT
CONDITIONAL CHANGE OF
CONDITIONAL USE PERMIT
7. MATTHEW W. and KELLY H. VARIANCE
TIFFANY
8. CITY OF VIRGINIA BEACH AMEND and REORDAIN SITE PLAN
ORDINANCE
March 12, 2013
-40 -
Item -VI-L
PLANNING ITEM #62640
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION, BY CONSENT, Items 1(DEFER TO APRIL 9, 2013), 2, 3, 4, 6, 7 and 8 of the PLANNING
AGENDA.
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, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
March 12, 2013
-41 -
Item -VI -L.1
PLANNING ITEM #62641
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED, BY
CONSENT TO APRIL 9, 2013, Application of ROVING AUTO, INC. and KRIST ENTERPRISES for
Modification of Conditions re motor vehicle sales and service to delete restrictions on the number of
vehicles for sale; number and type of pennants and streamers at 300 South Rosemont Road (approved on
January 13, 2009) DISTRICT 6 - BEACH
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, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
March 12, 2013
-42-
Item—VI-L.2
PLANNING ITEM #62642
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT, Application of EVERGREEN VIRGINIA, LLC for
Modification of Conditions re revisions to the existing Site Layout and Building Plan for motor vehicle
sales at 5193 Virginia Beach Boulevard (approved on August 14, 2007) DISTRICT 2 — KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of EVERGREEN VIRGINIA, LLC for
Modification of Conditions re revisions to the existing Site Layout and
Building Plan for motor vehicle sales at 5193 Virginia Beach Boulevard
(approved on August 14, 2007) (GPIN1467762274) DISTRICT 2 —
KEMPSVILLE
The following conditions shall be required:
1.
All conditions, with the exception of Numbers 1 and 2 attached to the Conditional Use Permit
granted by the City Council on August 14, 2007, remain in effect.
2. Condition Number 1 of the August 14, 2007, Conditional Use Permit is deleted and replaced with
the following.•
The site and landscaping shall be developed in substantial conformance with the
submitted Site Plan entitled "SITE PLAN NEW DEALERSHIP FOR CHECKERED
FLAG MINI" prepared by Hurt & Proffitt, Inc., Sheet C4.0 dated 10/08/2012. Said
Plan has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Planning Department.
3. Condition Number 2 of the August 14, 2007, Conditional Use Permit is deleted and replaced with
the following:
The proposed building shall be constructed substantially in accordance with the submitted site
elevation entitled "PROPOSED BUILDING ELEVATION", not dated. Said elevations have
been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach
Planning Department.
This Ordinance shall be effective in accordance with Section 107 (1) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth day of March, Two
Thousand Thirteen
March 12, 2013
-43-
Item—VI-L.2
PLANNING ITEM #62642 (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, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
March 12, 2013
-44 -
Item -VI -L.3
PLANNING ITEM #62643
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED AS
PROFFERED, BY CONSENT, Application of VILLAGE BEND, LLC and VILLAGE BEND
HOMEOWNERS ASSOCIATION, INC. for Modification of Proffer # 9, of a Conditional Change of
Zoning to DELETE the requirement that the developer construct two neighborhood identification signs
for the adjoining Newcastle neighborhood at Dam Neck Road and Southcross Drive (approved November
25, 2008) DISTRICT 7 - PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of VILLAGE BEND, LLC and VILLAGE
BEND HOMEOWNERS ASSOCIATION, INC. for Modification of
Proffer # 9, of a Conditional Change of Zoning to DELETE the
requirement that the developer construct two neighborhood
identification signs for the adjoining Newcastle neighborhood at Dam
Neck Road and Southcross Drive (approved November 25, 2008) (GPIN
1484167623) DISTRICT 7 - PRINCESS ANNE
An Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court.
These Ordinances 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 Twelfth day of March, Two
Thousand Thirteen
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, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
March 12, 2013
-45 -
Item -VI -L.4
PLANNING ITEM #62644
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED,
CONDITIONED, BY CONSENT, Application of BRENDA R. CORNWELL for a Conditional Use
Permit re a Child Daycare with a maximum of twelve (12) children at 1309 Boardwalk Way, DISTRICT 6
— BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of BRENDA R. CORNWELL for a
Conditional Use Permit re a Child Daycare with a maximum of twelve
(12) children at 1309 Boardwalk Way (GPIN2415972649) DISTRICT 6
— BEACH
The following conditions shall be required:
1. The home Daycare shall be limited to a total of twelve (12) children, other than children
living in the home.
2. Hours of operation shall be limited to Monday through Friday, 6:00 A.M. to 7:00 P.M
3. No more than one (1) person, other than the applicant, shall be employed by the home
Daycare.
4. All 'pool barrier' and all barrier requirements pertaining to the outdoor play area, and in
particular, the driveway of the Virginia Department of Social Services, shall be met.
5. The applicant shall stagger the arrival and departure times for the children such that
vehicular congestion is avoided.
6. A sign, no greater than one (1) square foot in size, identfing the home Daycare may be
installed on the house.
7. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said
license in good standing shall result in revocation of this Use Permit.
8. The applicant shall obtain all necessary permits and inspections from the Planning
Department / Permits and Inspections Division. The applicant shall secure a Certificate of
Occupancy from the Building Official for home Daycare use.
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 Twelfth day of March, Two
Thousand Thirteen
March 12, 2013
-46 -
Item -VI -L.4
PLANNING ITEM #62644 (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, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
March 12, 2013
Item—VI-L.5
PLANNING
-47-
ITEM #62645
The following individuals registered to speak:
Sandra Miller: 4088 Rainbow Drive, Phone: 471-0943, stated she has seven (7) small dogs
(Pomeranians) that do not weigh way over ten pounds each. She advised City Council the dogs do not
run the neighborhood and she would like to keep the dogs until her pending move to North Carolina.
Tom Zigmont, 4088 Rainbow Drive, Phone: 471-0943, resides with Ms. Miller and has three (3) Labs in
addition to Ms. Miller's 7 dogs. They are planning to move to North Carolina and requested they be
allowed to keep the dogs until they move.
Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council DENIED the
Application of SANDRA MILLER for a Conditional Use Permit re a residential kennel for a maximum
of seven (7) dogs at 4088 Rainbow Drive, DISTRICT 1 - CENTERVILLE
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, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
March 12, 2013
-48 -
Item —VI -L.6
PLANNING ITEM #62646
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED,
CONDITIONED, BY CONSENT, Application of JOSEPH CASTILLO and EDDIE R. CREEKMORE,
JR. for a Conditional Use Permit re Motor Vehicle Repair at 128 Dorset Avenue DISTRICT 4 —
BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of JOSEPH CASTILLO and EDDIE R.
CREEKMORE, JR. for a Conditional Use Permit re Motor Vehicle
Repair at 128 Dorset Avenue (GPIN 1477041127)DISTRICT 4 —
BAYSIDE
The following conditions shall be required:
1. All motor vehicle repair must take place inside the building.
2. No outside storage of equipment, parts or materials shall be permitted.
3. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in
this condition require storage, then such vehicles shall be stored within the building.
4. No tires for sale, merchandise or parts shall be displayed or stored outside.
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 Twelfth day of March, Two
Thousand Thirteen
March 12, 2013
-49-
Item—VI-L.6
PLANNING ITEM #62646(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, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
March 12, 2013
-50-
Item—VI-L.7
PLANNING ITEM #62647
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED,
CONDITIONED, BY CONSENT, Application of MATTHEW W and KELLY H. TIFFANY for a
Variance to §4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the
City Zoning Ordinance (CZO) at 3905 Richardson Road DISTRICT 4 — BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of MATTHEW W. and KELLY H.
TIFFANY for a Variance to §4.4(b) of the Subdivision Ordinance that
all newly created lots meet the requirements of the City Zoning
Ordinance (CZO) at 3905 Richardson Road (GPIN
1488158534)DISTRICT 4 — BAYSIDE
The following conditions shall be required:
1. The site shall be developed substantially in accordance with the submitted Resubdivision Plan
entitled "Resubdivision of Parcel Designated as 2.1 +/- (D.B. 1453, Pg. 514), dated October 15,
2012, prepared by Blakeway Corp. Said Plan has been exhibited to the Virginia Beach Planning
Commission and City Council and is on file in the Planning Department
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth day of March, Two
Thousand Thirteen
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, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
March 12, 2013
-51-
Item—VI-L.8
PLANNING ITEM #62648
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Application of CITY OF VIRGINIA BEACH, to AMEND and REORDAIN Section 5B.5 of
the Site Plan Ordinance pertaining to Standards for Shoreline Stabilization and Maintenance projects in
the Floodplains, subject to Special Restrictions.
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, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
March 12, 2013
1 AN ORDINANCE TO AMEND SECTION 5B.5
2 OF THE SITE PLAN ORDINANCE
3 PERTAINING TO STANDARDS FOR
4 SHORELINE STABILIZATION AND
5 MAINTENANCE PROJECTS IN THE
6 FLOODPLAINS SUBJECT TO SPECIAL
7 RESTRICTIONS
8
9 Section Amended: Site Plan Ordinance
10 Section 5B.5
11
12 WHEREAS, the public necessity, convenience, general welfare and good zoning
13 practice so require;
14
15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
16 BEACH, VIRGINIA:
17
18 That Section 5B.5 of the Site Plan Ordinance is hereby amended and reordained
19 to read as follows:
20
21 5B.5. Special requirements applicable to the floodplain:
22
23 ....
24 (c) Floodplains subject to special restrictions. Notwithstanding any
25 provision of this section to the contrary, no filling shall be permitted,
26 including filling with material excavated from the same floodplain, in any of
27 the following floodplains:
28
29 (1) North Landing River and its tributaries south of Lynnhaven
30 Parkway;
31
32 (2) West Neck Creek and its tributaries south of Shipps Corner
33 Road, London Bridge Road and that portion of Dam Neck
34 Road east of its intersection with London Bridge Road; and
35
36 (3) Bays, creeks, lakes, guts, coves, wetlands, marshes and
37 swamps and their tributaries comprising the Back Bay
38 watershed south of South Birdneck Road and east of
39 Princess Anne Road and General Booth Boulevard
40
41 except for 1) the purpose of public roadway or other similar public works
42 construction; or 2) the maintenance of benafide bona fide agricultural
43 ditches or swales, or those ditches required for proper lot drainage; 3) as
44 provided in subsection 5B.5(d); 4) shoreline stabilization or maintenance
45 projects, such as riprap revetment, bulkheads or other treatment used to
46 stabilize and protect the banks of waterways, provided that the city
47 manager or his designee may approve the placement of fill provided the
48 following criteria are met:
49
50 (a) a copy of an approved joint permit application is
51 submitted;
52 (b) the alignment of the stabilization structure is along the
53 escarpment or in line with adjacent stabilization
54 structures; and
55 (c) the fill must be the minimum necessary to provide
56 relief;
57
58 or 4) 5) the city manager, or his designee, may approve the placement of
59 fill provided that the following criteria are met:
60
61 (a) one hundred (100) percent of the proposed fill within the floodplain
62 must be mitigated to result in no decrease in flood storage.
63
64 (b) The mitigation must also provide a one (1) for one (1) replacement
65 for the flood storage volume of floodplain filled.
66
67 (c) The areas of mitigation or replacement must be contiguous to the
68 existing floodplain.
69
70 (d) The proposed fill within the floodplain must be limited to the
71 smallest amount of area and fill possible to correct irregularities
72 within the boundary of the project, and shall not exceed five (5)
73 percent of the total area within the flood fringe located on the
74 property to be filled.
75
76 (e) One hundred (100) percent mitigation must be provided on-site.
77
78 ••••
79
2
80 COMMENT
81
82 This amendment will allow shoreline erosion projects, such as riprap and bulkheads to be
83 approved in the floodplain subject to special exceptions by the Planning Director. This has been a
84 concern, as these projects are unable to meet the criteria for an administrative exception and would
85 require a variance to the ordinance from the City Council.
86
87 The floodplain coordinator from the Virginia Department of Conservation and Recreation
88 and staff from FEMA, Region 3 have indicated that this type of exception will not cause a problem
89 with the City's compliance to the floodplain regulations.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day
of March , 2013.
APPROVED AS TO CONTENT: APPROVED AS TO L GAL SUFFIdIENCY:
Planningepartment �� j City orney's Office
CA12384
R-4
January 18, 2013
3
-52 -
ITEM VI -M
APPOINTMENTS ITEM #62649
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
ENERGY ADVISORY COMMITTEE
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
HEALTH SERVICES ADVISORY BOARD
HISTORIC PRESERVATION COMMISSION
HUMAN RIGHTS COMMISSION
March 12, 2013
-53 -
ITEM VI -M
APPOINTMENTS ITEM #62650
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
DAVID L. SPARKS
2 year term 03/15/13 —12/31/15
BOARD OF BUILDING CODE APPEALS —
Plumbing and Mechanical
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, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
March 12, 2013
-54 -
ITEM VI -M
APPOINTMENTS ITEM #62651
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
DR. KAREN BEARDSLEE KWASNY
MICHAEL B. NEWBILL
1 year term 03/01/13 — 02/28/14
LINDWOOD BRANCH - VBDA
MARY TILTON
DIANA HICKS
ROBERT ROUNTREE — MILITARY REPRESENTATIVE OF US NAVY-OCEANA
2 Year Term 03/01/13 — 02/28/15
DR. WILLIAM P. BROWN
DAWN FLORA
3 Year Term 03/01/13 — 02/28/16
TRANSITIONAREA/ITA CITIZENS ADVISORY COMMITTEE
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, Amelia N. Ross -
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
March 12, 2013
-55 -
Item -VI-P
ADJOURNMENT ITEM #62652
Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:48 P.M.
Amanda Finley -Barnes, CM
Chief Deputy City Clerk
uth Hodges Fraser, MMC William D. Sessoms, Jr.
City Clerk Mayor
City of Virginia Beach
Virginia
March 12, 2013
I
-56-
PUBLIC DIALOGUE
Jim Pearsall, spoke in favor of backyard hens. Mr. Pearsall has spoken to Harvey Bryant,
Commonwealth's Attorney, and stands in support of backyard hens. Backyard hens will help teach
responsibility and are a wholesome thing to have.
Rob Stevenson spoke in favor of backyard hens. Hens eat a number of insects and dangerous parasites.
Hens are also every educational and helps teach kids responsibility.
Doc Stevens, Russian Orthodox Priest, is in favor of backyard hens. He would like for his grandchildren
to have the opportunity to help raise hens.
Christina Ross, 718 Grant Avenue, Phone: 905-0265, 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 ".
Jimmy Frost, expressed his concern over the dog that died after being left outside overnight at the Animal
Shelter. Mr. Frost feels that this was an accident and was not done intentionally.
The Public Dialogue re Non Agenda Items concluded at 7:03 P.M.
March 12, 2013