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Home My WebLink AboutJANUARY 28, 2014 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILL/AM D. SESSOMS, JR., At La-ge VlCE MAYOR LOUlS R. JONES, Bnvside - Disti-ict 4 ROBERT M. DYER. Centeivi!!e - Disti-ict 1 BARBARA M. HENLEY, Princess Anne - Dish-ict 7 SHANNON DS KANE, Rose Hall - Disti-ict 3 BRAD MART/N, P.E., At Lnrge JOHN D.MOSS, At Lnrge AMELIA ROSS-HAMMOND, Kempsville - Disti-ict 2 JOHN E. UHRlN, Beach - Disti-ict 6 ROSEMARY WILSON, At Large JAMESL. WOOD, Lvnuahaven -Dish•ict S CITY COUNCIL APPOINTEES ClTY MANAGER - JAMES K. SPORE ClTY ATTORNEY - MARK D. ST/LES C/TYASSESSOR - JERALD D. BANAGAN C/TYAUD/TOR-LYNDONS REMlAS CITY CLERK - RUTH HODGES FRASER, MMC I I I. CITY COUNCIL AGENDA 28 January 2014 CITY MANAGER'S BRIEFINGS A. VIRGINIA BEACH CRIME STATISTICS James Cervera, Police Chief ClTYHALL BUIGDING 2401 COURTHOUSE DRIVE VIRGlNIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- MAIL.• Crycncl@vbgov.com - Conference Room - B. CITIZEN SATISFACTION SURVEY Nanci Glassman, President, Continental Research C. GOLF COURSES, SPORTSPLEX and FIELD HOCKEY Michael Kalvort, Director, Parks and Recreation D. INTERIM FINANCIAL STATEMENT Patti Phillips, Director, Finance Department CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF THE CITY COUNCIL 2:30 PM 4:30PM C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Les Smith Senior Pastor Victory 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 JANUARY 14, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. VIRGINIA BEACH RED RAIDERS FOOTBALL TEAM Amateur Athletic Union (AAU) National Championship - Runner-up Dwayne Lowry, Coach 1. PUBLIC HEARINGS 1. SALE OF EXCESS CITY-0WNED PROPERTY a. Intersection of Dam Neck and Landstown Roads 2. LEASE OF CITY-0WNED PROPERTY a. Virginia Beach Farmers Market to Sweet Enchantments Bakery, LLC b. Vetshouse at 1508 Ohio Avenue 3. PURCHASE AGREEMENT for the ACQUISITION OF DEVELOPMENT RIGHTS a. 3500 Old Carolina Road J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND §§2-345 and §2-346 re Public Records Management 2. Ordinance to AUTHORIZE acquisition of an Agricultural Land Preservation Easement and the Issuance of Contract Obligations of $558,469 re property of Furman G. Wall, Jr. 3. Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE: a. A Deed of Release and Exchange re an Agricultural Lands Preservation Easement on the Ralph Lee Frost family land b. Leases with: 1. Sweet Enchantments Bakery, LLC re the Farmers Market Space No. 30 2. Vetshouse, Incorporated at 1508 Ohio Avenue c. A Utility Service Agreement with the City of Chesapeake re the provision of sewer and water services to Charlestown Shores 4. Ordinance to ENDORSE the Cavalier Association project and AUTHORIZE the State Tourism Gap Financing Program applicable thereto Ordinance to DECLARE a parcel at Dam Neck and Landstown Roads in EXCESS of the City's needs and AUTHORIZE the Dedication to the YMCA of South Hampton Roads 6. Resolution re Banners on the Pedestrian Bridge at Columbus Street in the Central Business Core District 7. Resolution to COMMEND City Clerk Ruth H. Fraser and her Staff for their extraordinary public service to the citizens of Virginia Beach re the Council Member Appointment Process 8. Resolutions REQUESTING the Virginia Department of Transportation (VDOT) to ACCEPT for Urban Maintenance payments: a. Accept additional streets b. Corrections to the Road Inventory 9. Ordinances to APPROPRIATE: a. $448,050 from the School Site Landscaping Internal Service Fund to the Department of Parks and Recreation b. $200,000 Virginia Governor's Opportunity Fund Award to the Development Authority K. PLANNING Application of ADVENTURE SPORTS PARK, LLC for Modification of a Conditional Use Permit re ADDING outdoor recreation (approved December 8,1969) at 1304 and 1252 Prosperity Road DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 2. Application of MAHESH GOPINATH for a Conditional Use Permit re vocational (dental assisting) training school at 405 South Parliament Drive DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 3. Application of HOME ASSOCIATES OF VIRGINIA, INC. for a Conditional Change of Zoning from AG-1 Agricultural to Conditional R-15 Residential at 1864 Indian River Road (deferred December 10, 2013) DISTRICT 7 - PRINCESS ANNE RECOMMENDATION 4. Applications of the City of Virginia Beach to: APPROVAL a. AMEND the Official Zoning Map re "CBC Central Business Core District" b. ADD Article 22, Sections 2200 through 2212 ESTABLISHING the Central Business Core District c. ADD, AMEND, REORDAIN, REPEAL or RENUMBER certain Sections to CONFORM to the provisions of Article 22 of the City Zoning Ordinance (CZO) re conformance d. AMEND the Pembroke Strategic Growth Area 4 Implementation Plan and the Policy Document of the Comprehensive Plan e. AMEND and REORDAIN Sections 5.5, 5.6B and 5.14 of the Site Plan Ordinance applicable to property within the District f. ESTABLISH Transition Rules for the review of Site Plans, Subdivision Plats and other plans for development g. AMEND Section 33-114.3 re encroachments by outdoor cafes, etc., within certain Zoning Districts RECOMMENDATION L. APPOINTMENTS CHESAPEAKE BAY PRESERVATION AREA BOARD GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SOUTHEASTERN PUBLIC SERVICE AUTHORITY APPROVAL TRANSITION AREA/ITA TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) 2040 VISION TO ACTION COMMLTNITY COALITION COMMISSION WORKFORCE HOUSING ADVISORY COMMITTEE M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT *****?********?************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********?******************?*** 2014 CITYHOLIDAYS Meffraorffal Day -Alrandtat', J-ky 26 harlepeaadenee Da,v - Fridcq, Jiity 4 Lrxlior I3ay -M€xndeij>, Septemlret• 1 Vetez-aias Z}av - Tcsescleej=Y :YovemGer ZI Tlxanksgr`vr"»g Drey arir?Day cafter Tlzanksgiving - Thacr°scfaJ?, November 27 carid ?'r•iday, .Noverizber• 28 CIrri.vtmu.?? ?ve (IaczCf-cdq1) - Ttednescday. Decernber 24 Christmas Z}tcy - 7'lTur•.cday, DPcetizber 25 -1- VIRGINIA BEACH CITY COUNCIL Virginia Beaclz, Virginia January 28, 2014 Mayor William D. Sessoms, Jr., called to order the City Council's Inforrrtal Session, in the City Council Conference Room, Tuesday, January 28, 2014, at 2: 30 P.M. The Mayor announced: "In view of the predicted heavy snow storm, Ciry Council will meet in Closed Session only. All items on the January 2e Agenda will be rescheduled for a future date and those items previously advertised will be re-advertised. " Council Members Present: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Absent.• John E. Uhrin January 28, 2014 -2- MAYOR'S STATEMENT 2:30 P.M. Mayor Sessoms advised Judy Faro is retiring. A Retirement Party was planned to honor her tomorrow; however, it appears that the Snow Storm will keep that from taking place. Mayor Sessoms asked City Council to take a moment and recognize Ms. Faro for her dedication of 35 years to the City. Mayor Sessoms presented Ms. Faro with a Proclamation declaring January 29, 2014, "Judy Faro Day ", a copy of which is hereby incorporated. Ms. Faro expressed her appreciation to the Mayor and Members of City Council. January 28, 2014 . ??- • ? 92 2 9P p?, ? S s OF_. OUR NAS%0N WFiereas: Jucfy Earo 6egan Fier career witFi the City of virginia BeacFi in the Department of Parks and Recreation in 1978, and 6egan working in the City Wanager's Office in 1994; and WFieyeas: A cfedicated empCoyee of the City of Virginia OeacFi for 35 years, Judy Fias 6een the cheerfuC voice of the tiirginia BeacFi Wayor's Office for the past 18 years, providing the 6est possi6Ce customer service to citizens, dignitaries, empfoyees and everyone eCse wFio caf(s or visits, incCuding admiraCs, governors ancfpeopCe of aCCsorts - making eacFi one feeCimportant; and ZVheyeas: Judy's grace, compassion and professionaC'i.sm has FieCped cafm irate citizens and assure tFiem the City is Fiere to heCp and reaCCy does care a6out tFieir pro6Cems and issues; and 'GVFiereas: Judy Fias worked diCigentCy to make sure our virginia Beach mayors, incCuding the Yfonora6Ce Weyera E. 06erndorf and the 9fonora6Ce WiCCiam 0. Sessoms, Jr., are wFiere they sFiouCcf 6e, when tFcey sFcouCd 6e; ancf WFiereas: Judy has aCways enjoyed the tracfition of wearing costumes on YfaCCoween, witFi one of the most memora6Ce 6eing wFien sFce dressed up ?ike Wayor 06erndorf - compCete witFi Fier red' Converse sneakers; and 'WWereas: A consummate prankster, Judy wiCf 6e fondCy remem6ered for Fier a6iCity to strategicaCCy pCan and e.xecute compCe.x scFiemes on ApriC TooCs Iay - especiaCCy on a particu(tr department directoy who zvas driven from the city after Fcis personaCveFiicCe was reCocated' from wFiere he had parked it in the Armada Yfoff?er 7owergarage; ancf `fNFiereas: Jud'y is the resident e.xpert on FiairstyCes andclothing, aCways knowCedgea6Ce on the current trencfs and e.xcited to sFiare Fier e.xpertise, as weClas sFiopping advice; and tit/hereas: A?tkougk sometimes difficu?t to understand, Jucfy sBoston accent, whicFi has persisted after aff these years in Virginia Beach, is her trad?emark and makes Fier quite unique in thi.s SoutFiern city; and Whereas: JucCy's ever-present smiCe gets even 6roader wFien she sFiares stories a6out Fier 6erovecC cFiiCdren, John and7ricia, ancfFiergrandchiCdren: 466ey, Sammy, Lauren andjoFin, alltFte spitting image ofJudy: xow, TFierefore, I, do Fiere6y 1?'rocfaim: Z1/iCCiam 1. Sessoms, Jr., wayor of the City of Virginia OeacFi, Virginia, 2014 lanuaty 29, july (Day 0, Taro In Virginia (BeacFi, and I encourage aff Citizens and City 9Kem6ers to e,-qend tFieir gratitude and 6est wisFies to Jucfy on tFie occasion of Fier retirement from tFie City of Virginia (Beach after more tFian 35 years of dedicated service. In eWtness tiVFiereof, I Fiave Fiereunto set my Fiand and caused tFie OfficiaCSealof tFie City of Virginia (BeacFi, Virginia, to 6e affrxed this Twenty-nintFi day of January, Two 7(iousand ?Fourteen. ZViCCam D. Sessoms, Ir. Mayor -3- ITEM #63442 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: 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 2.2-3 711 (A) (3 0) Princess Anne District Princess Anne District Princess Anne District Beach District January 28, 2014 -4- ITEM# 63442(Continued) Upon motion by Councilman Dyer, seconded by Council Lady Wilson, Ciry Council voted to proceed into CLOSED SESSION at 2:35 P.M. Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council MembeYS Voting Nay: None Council Members Absent.• John E. Uhrin (Closed Session 2:35 P.M. - 3:33 P.M.) January 28, 2014 -5- CER TIFICA TION ITEM #63443 Upon motion by Councilman Dyer, seconded by Couizcilman Martin, 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: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Ses,soms, Jr., Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin January 28, 2014 R E S 0 L U T 10 N 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 #63442 Page 4, 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. R th Hodges Fraser, MMC City Clerk January 28, 2014 -6- ADJOURNMENT ITEM #63444 Mayor William D. Sessoms, Jr., DECLARED the City Council MeetingADJOURNED at 3:33 P.M. wd 1A " , Amanda Finley-BaYnes, CMC ? Chief Deputy City Clerk ? uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor January 28, 2014