HomeMy WebLinkAboutJULY 8, 2014 MINUTESCITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR WILLlAM D. SESSOMS, JR., At-La•ge
V/CE MAYOR LOUlS R. JONES, Bavside - Disb-ict 4
R086RT M. DYER, Centeiville - Disti-ict 1
BARBARA M. HENLEY, Princess Anne - Disti-ict 7
SHANNON DS KANE, Rose Hnll - Disti-ict 3
BRAD MART/N, P.E., At Lm•ge
JOHN D. MOSS, At Lm-ge
AMELIA ROSS-HAMMOND, KenipsviUe - Disti-ict 2
JOHN E. UHRIN, Bendi - Disti-ict 6
ROSEMARY WlLSON, At-Lmge
eRLCWO°09C&fY;''XW?1`v' WES
CITY MANAGER - JAMES K. SPORE
ClTYATTORNEY- MARK D. STlLES
C/TY ASSESSOR - JERALD D. BANAGAN
C/TYAUDlTOR - LYNDONS. REM/AS
CI7'3'CLERK RUTH HODGES FRASER, MMC
CITY COUNCIL AGENDA
08 JULY 2014
1. CITY MANAGER'S BRIEFINGS - Conference Room -
A. DOMINION VIRGINIA POWER OFFSHORE ENERGY PROJECT UPDATE:
C. Max Bartholomew, Jr., Area Manager
Community & Government Affairs, Dominion Virginia Power
B. 2009 COMPREHENSIVE PLAN PROJECT KICKOFF, REVIEW and UPDATE
Jack Whitney, Director - Planning
Jeryl Phillips, Comprehensive Planning Coordinator
C. ARENA 1NFRASTRUCTURE
Doug Smith, Deputy City Manager
II. 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 COUNCIL
3:30 PM
5:00 PM
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 Randy Singer
Pastor
Trinity 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
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. MAYOR'S PRESENTATION
1. "VIRGINIA BEACH CIVIC DAY"
J1 Visa Work and Travel Program - International Students
Nancy Marscheider
1. ORDINANCE S/RESOLUTIONS
July 1, 2014
1. Ordinance to AMEND Section 2-452.1 of the City Code re Chesapeake Bay Preservation
Area Board
2. Ordinance to ACCEPT and APPROPRIATE a donation of $30,000 from Boys Baseball of
Lynnhaven Incorporated re improvements to Lynnhaven Baseball Complex
3. Resolution to AUTHORIZE and EXECUTE a Memorandum of Agreement (MOA)
ESTABLISHING the Hampton Roads Regional Water Quality Monitoring Program
4. Ordinance to AUTHORIZE temporary encroachments into portions of City Property known as
Lake Joyce for MEADE A. and SUSAN FOWLKES re riprap rubble and existing bulkhead,
existing pier, platform access way and constructing/maintaining a riprap revetment, access
landing, stairway and pier platform
DISTRICT 4 - BAYSIDE
5. Ordinance to TRANSFER funds to the FY 2014-15 Schools Operating Budget to provide a 3%
salaryincrease
a. $594,500 to the Instruction Classification
b. $ 58,000 to the Operations Classification
c. $ 29,000 to the Transportation Classification
d. $ 21,750 to the Administration, Attendance and Health Classification
C. $ 21,750 to the Technology Classification
J. PLANNING
1. Application of CROWN CASTLE USA, INC. for a relocation of a Nonconforming Structure re
a communication tower at Meadow Ridge Lane (deferred February 25, Maxch 11, April 8 and
May 27, 2014)
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROVAL
2. Application of THE TERRY COMPANIES FIVE, LLC for a Conditional Use Permit re
multifamily dwellings at Ocean Shore Avenue
DISTRICT 5 - LYNNHAVEN
RECOMMENDATION
APPROVAL
3. Application of MARY MEYER far a Conditional Use Permit re home-based wildlife
rehabilitation at 547 Susan Constant Drive
DISTRICT 5 - LYNNHAVEN
RECOMMENDATION STAFF RECOMMENDS APPROVAL
PLANNING COMMISSION RECOMMENDS DENIAL
4. Application of VIRGINIA BEACH HORSEBACK/CHARLIE and ROSEMARY
THOMPSON for a Conditional Use Permit re horses for hire at 1117 Horn Point Road
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION DENIAL
5. Application of FRANKLIN JOHNSTON GROUP MANAGEMENT DEVELOPMENT,
LLC /TRUSTEES OF FIRST LYNNHAVEN BAPTIST CHURCH for a Change of Zoning
from AG-1 Agricultural to Conditional A-18 Apartment re multi-family dwelGngs at 2673
Princess Anne Road
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION APPROVAL
K. APPOINTMENT
DEVELOPMENT AUTHORITY
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. 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
******?**************?*??*??*??
CITY COUNCIL RETREAT
Monday, September 8, 2014
8: 30 AM to S: 00 PM
Economic Development Office
Town Center
4525 Main Street, Suite 700
CITY COUNCIL MEETINGS RESCHEDULED
EFFECTIVE: JUNE 1, 2014
FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS
FIRST TUESDAYS: OPEN CITIZENDIALOGUE
SECOND/FOURTH TUESDAYS: WORKSHOPS - 4: 00-6: 00 PM
2014 CITY HOLIDA YS
Lubor l)ceV - Moticlay, Septeinber 1
Vcftcx•ccns Day - Tuesday, A'nvetrrfier 11
Thutaksgiviazg Day cznrd Drq qfter TiiaFik.sgiving -
Thear•saftg, 1Vovetrtber 27 ar7rl Fr•idrg, 11'ravemGer 28
Chri,stmczs Eve (hulf-daj) - Wedrregclcg, Decernbel• 24
C'ltr~istmas Da,y - Thux°sdrg, Deeembei• 25
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
July 8, 2014
Mayor William D. Sessoms, Jr., called to order City Council's Informal Session, in the City Council
Conference Room, Tuesday, July 8, 2014, at 3: 30 P.M.
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., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
July 8, 2014
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CITYMANAGER'S BRIEFING
DOMINION VIRGINIA POWER
OFFSHOREENERGYPROJECT UPDATE
ITEM #63993
3:30 P.M.
Mayor Sessoms welcomed Max BaYtholomew, Jr., Area Manager Community & Government Affairs-
Dominion Virginia Power. Mr. Bartholomew expressed his appreciation to Ciry Council and City
Manager Spore for the support of the Offshore Energy/Wind Project. Mr. Bartholomew advised this
project is one of the most exciting projects in which Dominion Virginia Power has been involved. He
introduced two (2) other pominion Power Members of the Project Team, Robert Hare, Senior Business
Development Manager and Steve Pietryk, Engineering and Construction Manager. Due to the technical
nature of this presentation, Mr. Bartholomew invited Mr. Hare to make the presentation.
MY. HaYe provided an update to the Offshore Ener•gy/Wind Project, specifically two Projects - Virginia
Offshore Wind Technology Advancement Project (VOWTAP) and Commercial Development. VOWTAP
is a two turbine project. The Commercial Development of this Project is the large 113,000 acres of
properry located twenty four (24) nautical miles off of the Coast of Virginia Beach.
In 2012, VOWTAP was one of seven projects selected to receive a$4-Mlllion Grant from the Department
of Energy (DOE) to conduct initial engineering and environmental surveys during Phase I. Then,
VOWTAP was one of three (out of the original seven) to be selected to receive an additional $47-Million
GYant for Phase II. The Project Team consists of local and international partners who are well versed in
Offshore Wind Development.
From the water to the tip of the blade is 574 feet, with the maximum water depth of 86 feet. Again, the
turbines will be located twenty four (24) nautical miles off of the Coast of Virginia Beach.
In an effort to minimize impacts on the land, the cables that convert the wind to energy will be buried
under the beaches and connect at Camp Pendleton in Virginia Beach. The turbines are designed to be
"hurricane resilient" with the commercial operation projected to begin in 2017.
In order to install the turbines, a Jack Up Vessel " will be used. Interestingly, there are oialy two or
three of this type vessel in the world. The vessel sails out and lifts itself up to provide a stable platform
for the turbines to be constructed. Two of the three blades will be affixed on shore and transported out to
sea. The third and final blade will be affzxed at the actual site in the Sea. At the Turbine Site, they are
conducting a Geotechnical Investigation by collecting samples at the turbine site.
July 8, 2014
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CITY MANA GER'S BRIEFING
DOMINION VIRGINIA POWER
OFFSHORE ENERGY PROJECT UPDATE
ITEM #63993
(Continued)
At the end of each Budget PeYiod (essentially one year), the Project Team asses the project to ensure all
phuses are moving along with the goal of 2017 Commercial Development/Operation. The first budget
period is complete. Budget Period Two will consist of developing the engineering to support the design
and construction of this Project.
The Project Team is contemplating taking this PYOject before the State Corporation Commission (SCC)
for review and approval in late 2015. Once the SCC has approved the Project, the procurement of goods
will begin to ensure operation by the end of 2017.
The Commercial Development of this Project is 113,000 acres. Dominion, being successful at the
competitive auction, was awarded a thirry-eight (38) year lease. However, Dominion has five years from
November 2013 to collect the data to support the engineering, design and construction. Once complete,
the Project has a twenty-five (25) year commercial operating life and support up to 2, 000 MW.
Based on the proposed schedule, VOW7'AP leads and feeds into the Commercial Development portion of
this project. Commercial Development will benefit from data of VOWTAP. The Sight Assessment Plan
has been submitted and the next part of this Project is to create a Construction and Operation Survey
Plan. The VOWTAP project is paying for the deployment of three buoys to collect data; however, the
Commercial Development portion of this Project will also be able to use the data collected.
Mayor Sessoms expressed his appreciation to everyone working on this exciting project.
July 8, 2014
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CITYMANAGER'S BRIEFING
COMPREHENSIVE PLAN PROJECT
KICKOFF, REVIEW AND UPDATE
ITEM #63994
3:50 P.M.
Mayor Sessoms introduced and welcomed Jack Whitney, Director - Planning Department. Mr. Whitney
expressed his appreciation to City Council for their corrtinued support in the development of the City's
Comprehensive Plan:
Today's Briefzng is to provide an update on the Comprehensive Plan. The City has had a Comprehensive
Plan since 1979:
July 8, 2014
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CITY MANA GER'S BRIEFING
COMPREHENSIVE PLANPROJECT
KICKOFF, REVIEWAND UPDATE
ITEM #63994
(Continued)
As the years passed, each Comprehensive Plan became a bit more sophisticated:
The Comprehensive Plan has grown to implement Form Base Code, the City's Strategic Plan, as well as
coordinate Public/PYivate Development Projects all in line with the Capital Improvement Projects:
July 8, 2014
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CITYMANAGER'S BRIEFING
COMPREHENSIVE PLAN PROJECT
KICKOFF, REVIEWAND UPDATE
ITEM #63994
(Continued)
The City has developed each of the Comprehensive Plans, the first being in 1979 with nine (9) Planning
Areas:
The first use of the term "Green Line " began with the 1985 Comprehensive Plan:
July 8, 2014
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CITY MANA GER'S BRIEFING
COMPREHENSIVE PLAN PROJECT
KICKOFF, REVIEWAND UPDATE
ITEM #63994
(Continued)
In 1991, three (3) Transition Areas were defined and eventually were consolidated into the current
"Transition Area ":
In 1997, the City began taking a serious look at what became Town Center and began redevelopment of
that are near Pembroke:
?i
.
July 8, 2014
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CITY MANA GER'S BRIEFING
COMPREHENSIVE PLANPROJECT
KICKOFF, REVIEW AND UPDATE
ITEM #63994
(Continued)
In 2003, Strategic Growth Areas weYe introduced recognizing redevelopment in the Northern part of the
City.•
All eight (8) Strategic Growth Area Plans are complete and incorporated by reference into the
Comprehensive Plan. Importantly, the City has always had a Master Transportation Plan:
July 8, 2014
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CITY MANA GER'S BRIEFING
COMPREHENSIVE PLAN PROJECT
KICKOFF, REVIEW AND UPDATE
ITEM #63994
(Continued)
In 1979, a group of Planners came up with the Comprehensive Plan; however, input has expanded
tremendously and has progressed into a sophisticated public involvement. In 2009, the City hosted
numerous open houses, meetings and hearings:
Below are the Suburban Focus Areas and Strategic Economic Growth Areas:
July 8, 2014
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CITYMANAGER'S BRIEFING
COMPREHENSIVE PLAN PROJECT
KICKOFF, REVIEW AND UPDATE
ITEM #63994
(Continued)
Below are the Princess Anne Commons and the Transition Area as currently configured.•
CD,
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Princess Anm Commons & Transition Area
The term "Green Line " came ftom looking at the naap and everything below the "line " was green, which
is the rural area in the Ciry:
July 8, 2014
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CITY MANA GER'S BRIEFWG
COMPREHENSIVE PLAN PROJECT
KICKOFF, REVIEW AND UPDATE
ITEM #63994
(Continued)
The Master Transportation Plan has always been a part o f the Comprehensive Plan:
Over the years, Environmental Stewardship has become a key part of the Comprehensive Planning effort.•
July 8, 2014
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CITY MANA GER'S BRIEFING
COMPREHENSIVE PLAN PROJECT
KICKOFF, REVIEWAND UPDATE
ITEM #63994
(Continued)
As the City's housing and infrastr°ucture ages, the Housing and Neighborhood Plan has become vital in
the Comprehensive Plan:
BRAC and compatibility with Oceana has impacted the design of the City:
July 8, 2014
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CITYMANAGER'S BRIEFING
COMPREHENSIVE PLAN PROJECT
KICKOFF, REVIEWAND UPDATE
ITEM #63994
(Continued)
Below is a list of considerations for the upcoming 2015 Comprehensive Plan:
July 8, 2014
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CITYMANAGER'S BRIEFING
COMPREHENSIVE PLAN PROJECT
KICKOFF, REVIEW AND UPDATE
ITEM #63994
(Continued)
Public Involvement Strategy is proposed in two (2) phases:
Below are the next steps:
Mayor Sessoms expressed his appreciation to Mr. YVhitney and the entire Planning Staff for their
continued hard work.
July 8, 2014
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CITY MANA GER'S BRIEFING
ARENA INFRASTRUCTURE
ITEM #63995
4:10 P.M.
Mayor Sessoms introduced and welcomed Doug Smith, Deputy City Manager. Deputy City Manager
Smith expressed his appreciation to City Council and Staff for their assistance in bringing him "up to
speed " on this proposed Project:
Deputy City Manager Smith provided the overview below for today's Briefing.•
2
Presentation Overview
• Background
• Discussion of preiiminary canceptual cost
estimates for public infrastructure based
an concept plans
• Parking assumptions, needs and costs
• Roadway impravements and costs
• Site development, utility improvements and
casts
• Overall project infrastructure costs
• Discussian of path farward
July 8, 2014
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CITY MANA GER'S BRIEFING
ARENA INFRASTRUCTURE
ITEM #63995
(Continued)
Below is the background for the proposed Project:
Background
• November 8, 2013: City received an unsolicited private
proposai from the W.M. Jordan Company, HKS Sports &
Entertainment, and Giobal Spectrum.
• November 12, 2013: City Council authorized the City
Manager to accept the proposal for further study. The
Council agreed to allow 90 days for campeting private
proposais to be submitted.
• February 17, 2014: City received an arena proposal
from a consortium of United States Management LLC,
AECOM Architects, Clark Nexsen Architects, Mortenson
Gonstruction, SB Ballard Construction and SMG.
On May 27, 2014, Ciry Council adopted a Resolution directing City Staff to pursue negotiations with
USM. Currently we are in the pYOCess of preparing a report deteYmining the scope and cost of public
infi^astructure:
Background
March 24, 2014: Both companies presented their
proposals to the City Council-appointed Citizens
Communications Committee.
May 13, 2014: City Council received a briefing from
Convention Sports & Leisure (CSL), a consuikant brought in to
provide an independent overview of each proposal.
May 27, 2014: City Council adopted a resolution directing the
city staff to:
• Pursue negotiations with USM;
• Hold the PPEA process and the Jordan proposal pending
the outcome of these negotiations,
• To prepare a report determining the scope and cost of
public infrastructure, and
? Co e involvement of the Citizens Communications
?Committee.
July 8, 2014
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CITYMANAGER'S BRIEFING
ARENA INFRASTRUCTURE
ITEM #63995
(Continued)
Below is USMProposal details:
51
USM Prop?osai Details
• USN3 proposal is to construct a locally owned, privately financed
18,000-seat capacity, 550,000-square foot entertainment and sports
venue adjacent to the Virginia Beach Convention Center
• The facility would incorporate flexibie seating and the amenity
upgrade capab+lities necessary to attract a professional sports
franchise.
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USM's Proposal creates a`year-round attraction at the Oceanfront boosting business between October
and April:
USNI Proposal
• The Arena, as proposed, accomplishes three major goals for
the City:
• Establishes a significant economic generator in Virginia
Beach, creating new jobs and attracting new events and
new visitors to the City
• Greates a year-round attraction at the oceanfront, boosting
existing businesses and dramaticaliy enhancing the Citys
national convention draw
• Provides a signature development that wiil offer events
consistent with our Citys stature and enhance our national
and international exposure.
• Council directed staff to develop preliminary conceptual
cast estimates for public infrastructure based upon
canceptual plans. The foliowing presentation provides the
qrelimina[v infrastructure costs.
sl
July 8, 2014
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CITY MANAGER'S BRIEFING
ARENA INFRASTRUCTURE
ITEM #63995
(Continued)
Depury City Manager Smith introduced and welcomed Carl Tewksbury, Senior Vice-President - Kimley-
Horn, who pYOVided a summary of the following:
71
Kimley-Horn Presentation Summary
• Parking Assumptions, Needs, and Costs
• Roadway Improvements and Costs
• Site Development, Utility Improvements,
and Costs
• Overall Preliminary Conceptual Cost
Estimates
Presented by Carl Tewksbury, P.E.
_ Sc Vice Presidenf; Kimley-Horn
Mr. Tewksbury expressed his appreciation to Ciry Council, City Manager Spore, Deputy Ciry Manager
Smith and City Stafffor their assistance in pYeparing these preliminary conceptual cost estimates:
July 8, 2014
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CITY MANA GER'S BRIEFING
ARENA INFRASTRUCTURE
ITEM #63995
(Continued)
The proposed Arena is set to accommodate 18, 000 seats; however, only 15,500 will be permanent seats.
For events held during October thru April, the design attendance is estimated to be at 90% of the seats or
13,950. Other parking and traffic assumptions are ideiztified below:
91
Parking and Traffic Assumptions
• Attendance LeveislArena Size:
• 18,000 seat capacity
15.500 permanent seats
• 13,950 design attendance (90°l0 of 15,500) Oct-April
• 7,500 design attendance (90°10 of 8,300) May-September
• Conventian Center Overlap: 300 parking spaces
• Mode Split: 85% vehicular; 15°l0 other
• Vehicle Occupancy: 2.75 people per vehicle
• Shared Parking Occupancy: 50%
• Occupancy of Public Parking: 5% OcFober-April; 70°/fl May-
September
• Acceptable Walking Distance to/from Qome Site: 15-17
minutes
• Employees will park off-site for large events
2,770 parking spaces are planned on-site and it is important to coordinate and collaborate with adjacent
property owners for additional parking when scheduling events:
14
Parking Demand
Planned On-Site 2,770 2,770 -
Proposed Additional Surface Parking (Treasurer's elock) 400 400
Available Public Spaces-w/in Dome walking distance 511 161
AvailableCOmmercial5paces-w/inDomewalkingdisiance 341 108
Available Shared Parking Spaces (5096 of Available Invenrory) 578 578
Total Parking Inventory Availabie 4,600 4,017
Arena Parking Demand 4,312 2,318
VBCC Parking Demand 300' 300'
Toul Parking Demand . 4,612 2,618
ParkingSurDlusJDeficit ` -12 1,399
--
AMicipated Peopletobe5huttled 40 0
` VBCC parking demands for larger events will be met by reserving parking
directly adjacent to the facility. This will require additionai people to be
shuttled for arena events.
July 8, 2014
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CITY MANA GER'S BRIEFING
ARENA INFRASTRUCTURE
ITEM #63995
(Continued)
The total planned, or available parking totals 4,600, based on the Parking Inventory:
11
Parking Inventory
2770 Fiannetl On-Site Parkinq ...........
400 Proposed Surtace Parking Lat
852 Avaflable wiin Dome Walking Distance Oci. - April ?? '..
(PUDiic and Commercial Inventory) '??..
578 Available Shared Parkinn Lots ? ? ?? '??..
4,600 Total Planned or Availa6le , . ? '?..
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LEGEND
Proposed Parking
Shared Parking . ?
Commercial Parking '
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July 8, 2014
-21-
CITYMANAGER'S BRIEFING
ARENA INFRASTRUCTURE
ITEM #63995
(Continued)
We anticipate 70% of the traffic coming into the area will coine from the Interstate. The goal is to make
improvements flexible to ensure the Traffic Management Plan to operate as efficient as possible:
13 I
7'raffic Distributions
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Below are the suggested improvements to Birdneck Road.•
Roadway Impro vements
Birdneck Road
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July 8, 2014
-zz-
CITYMANAGER'S BRIEFING
ARENA INFRASTRUCTURE
ITEM #63995
(Continued)
Below are the suggested improvements to 19`h StYeet:
Roadway impra?vemen#s
19t'' Sfireet 15
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Below are the suggested improvements to Virginia Beach Boulevard:
Roadway Improvements
Virginia Beach Bouievard
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16 1
July 8, 2014
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CITY MANA GER'S BRIEFING
ARENA INFRASTRUCTURE
ITEM #63995
(Continued)
Below are the suggested improvements to Parks Avenue:
Roadway Improvements
Parks Avenue
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The largest costs are associated with the improvements on Birdneck Road and 19"" Street:
Roadway Improvements
Birdneck RoadJ1-264 Eastbound Off-Ramp ImprovemeMS' $761,000
6irdneck Road/I-264 Westbound On-Ramp Improvements $131,000
Birdneck Road/19th Street improvements $1,590,000
19th Street/West Parking Lot Access Improvements $175,000
Birdneck Road/Virginia 8each Boulevard Improvements $200,000
Virginia Beach Boulevard/Parking Lot AccessJBirch Lake Drive $370,000
Improvements
Virginia Beach BoulevardJParkiog lot AccessJSeabridge Road . .$307,000
Improvements
Virginia Beach Boulevard/Jefferson Avenue Improvements $236,000
Parks Avenue/19th Street{Monroe Avenue Improvements $100,000
Parks Avenue between 19th and 22nd Street Improvements $11,000
Parks Avenue/21st Street Improvements . $318,000
Parks Avenue(22nd Street Improvements $125,000
Wayfinding & Directional Signing $150,000
Total $4,478,000
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July 8, 2014
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CITY MANA GER'S BRIEFING
ARENA INFRASTRUCTURE
ITEM #63995
(Continued)
Mr. Tewksbury provided a variety ofpossible Utility costs:
zo
utilities
Water $257,000
Sewer $1,105,000
Drainage* $1,301,000
Electric Duct Banks (Dominion Virginia Power) $1,680,000
Telecommunications (Verizon and Cox) $279,000
Virginia Natural Gas $100,000
Total $4,722,000
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Jul'8.20i4
July 8, 2014
-25-
CITY MANA GER'S BRIEFING
ARENA INFRASTRUCTURE
ITEM #63995
(Continued)
In order to get the Site ready to develop, the proposed Demolition Plan costs are approximately
$880, 000.•
Below is the Site Development Area:
Site Devetopment Areas
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July 8, 2014
-26-
CITY MANA GER'S BRIEFING
ARENA INFRASTRUCTURE
ITEM #63995
(Continued)
The total preliminary conceptual cost for Site Development is $23,413-Million:
23 1
S?Ite DPVGlopfYi@11t
Surface Parking DevelopmeM(Asphalt) $2,979,000
Surface Parking Development (Permeable Pavement) $3,738,000
Surface Parking Development (Pavers) $2,661,000
Site Lighting $1,575,000
Internai Roadways $2;100,000
19°h Street Streetscape $341,000
400 Space Off-Site Surface Parking lot $1,200,000
(Treasurer's Site)
Hardscaping (Plaza Pavers and Paver Walkways) $2.752,000
East and West Concourse AccesSTreatment $1,000;000
Enhance Veteran's Memorial and Park $250,000
Marquees $3,000,000
Site Furnishings and Irrigation $1,047,000
Environmental $770,000
Total $23,413,000
Other optional Site Development areas the City may want to consider to enhance the project are
estimated at an additional $26-Million:
Optional Site Develapment Areas
24 1
V
7
, •?_
191 s
tre
? -
N,
` .,
'
..
,r&Illa 8epG28 I vaid , :
V . `
• ...
L
0 inGIW1M1 'E}.'FI 6VGIBF [l G? R''iNTtF „E.' ON IM:'f U cM_:TS
'-? BIR?kE P O.? SiP,EEt:;CAP[
?
?
'.?UARC STR[FTS?+?P[
? VIRGI[d?A.B=ACli FlGU? ?
C=?S?..=E':S'NEETSCIFE If.a>'W?VEME'JT 5 Virginia Beach eoulevard Street5[ape $7.473,000
Birdneck Road Streetscape $2,482,000
Intersection improvements $6,491,000
19'^ Street Streetscape Improvements $9,716,000
Total $26,162,004
s.^.nt ;?cluds rig'.:t-o: r?zY ac9uta.ucn'Yat may be nc,ce?s_jry
?
?a???y:..?mt?,;
„F
e
July 8, 2014
-z7-
CITYMANAGER'S BRIEFING
ARENA INFRASTRUCTURE
ITEM #63995
(Continued)
The overall preliminary conceptual project costs to the City are just over $52.6-Million:
- Zs
Overall Prelimenary Canceptuai Project Costs
Mobilization $2,500,000
Roadway improvements $4,478,000
Utilities $4.722,000
Demolition $880,000
Site Development $23;413,000
7oWl Construction Corts $35,993,000
Contingency and Escalation {2(°l0) $7,199,000
Design (15%) $6,479,000
Constructioninspection $3,000,000
TotalSOft Costs $16,678,000
• . . 1 ? 1
Birdneck Road Streetscape Cos[s* 52,482.000
Virginia Beach Blvd. Streetscape Costs* $7,473,000
19`^ Street Streetsppe Costs* $9,716,000
Optional Intersection Improvements* $6,491,000
III
' Does not indude rightof-way acquisition that may be necessary pending turlher design.
July B. 201+:
July 8, 2014
-28-
CITY MANA GER'S BRIEFING
ARENA INFRASTRUCTURE
ITEM #63995
(Contitiued)
27
Sumenary of Estienated To#a! Project
Infrastructure Casts
These are preliminary conceptuai cost estimates were developed
based on conceptual layouts. They are subject to change based
on detailed engineering design.
D $52,671,000
Optional infrastruc[ure Cos[s" $26,162,000
` Does not include nghtof-way acquisition that may be necessary
pending further design.
. . Juiv 6. 20'4
Deputy City Manager Smith thanked Mr. Tewksbury and the entire Kimley-Horn Team for their work on
this project. Everyone involved has spent a tremendous amount of time in preparing for today's Briefing.
Below is the proposed path moving for-ward with late 2014 or early 2015 bYinging proposed Agreements
for City Council's consideration:
The Path Forward 28
• Continue to refine infrastructure design elements and costs
• Continue to quantify fiscal impacts
• Develop an operational and management pian
• Negotiate the business terms and booking poficies with United
States Managemant
• Develop Central Beach District Master Pian
• Milestones
• Summer2014
• Finalize Traffic and Parking Study
• Integrate Light R2il Pian into krera Siud,v
• Late Summer 2014
• Visit Finnade Bank Flrena in Lincokn Nebrask2 to tour eomparable facility;
Citizens Communications Committee Briefing and Discussion
• Fall 2014
• Term Shezt Rresented to Ciry Council for consideration
Late 2014/Eariy 2015
• Aareement, presented to Ci:y Gouncil ior consid2ration
July 8, 2014
-29-
CITY MANA GER'S BRIEFING
ARENA INFRASTRUCTURE
ITEM #63995
(Continued)
29
DISCEISSIe31'1
?
Mayor Sessoms expressed his appreciation to Deputy City Manager Smith, Mr. Tewksbury and the entire
Kimley-HoYn Team for the work on this project thus far.
July 8, 2014
-30-
CITY CO UNCIL COMMENTS
ITEM #63996
5: 03 P.M.
Council Lady Wilson advised her brother, Ron Capps, was featured in the Article "Words of War Peace
of Mind ". She is so proud of the extraordinary work he is doing to help Veterans.
July 8, 2014
-31-
AGENDA REVIEW SESSION
S: 06 P.M.
ITEM #63997
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
I. ORDINANCES/RESOL UTIONS
1. Ordinance to AMEND Section 2-452.1 of the City Code re the Chesapeake Bay
Preservation Area Board
2. Ordinance to ACCEPT and APPROPRIATE a donation of $30, 000 from Boys Baseball
of Lynnhaven Incorporated re improvements to Lynnhaven Baseball Complex
3. Resolution to AUTHORIZE and EXECUTE a Memorandum of Agreement (MOA)
ESTABLISHING the Hampton Roads Regional Water Quality Monitoring Program
4. Ordinance to AUTHORIZE temporary encroachments into portions of City PYOperty
known as Lake Joyce for MEADE A. and SUSAN FOWLKES re Yiprap rubble and
existing bulkhead, existing pier, platform access way and constructing/maintaining a
riprap revetment, access landing, stairway and pier platform DISTRICT 4- BAYSIDE
5. Ordinance to TRANSFER funds to the FY 2014-I S Schools Operating Budget to provide
a 3% salary increase
a. $594,500 to the Instruction Classification
b. $ 58, 000 to the OpeYations Classification
c. $ 29, 000 to the Transportation Classification
d. $ 21, 750 to the Administration, Attendance and Health Classification
e. $ 21,750 to the Technology Classification
July 8, 2014
-32-
AGENDA REVIEW SESSION
ITEM # 63997(Continued)
BY CONSENSIIS, the following shald compose the CONSENT AGENDA:
J. PLANNING
1. Application of CROWN CASTLE USA, INC. for a relocation of a Noncon orming
Structure re a communication tower at Meadow Ridge Lane (deferred FebYUary 25,
March 11, April 8 and May 27, 2014) DISTRICT 7- PRINCESSANNE
2. Application of THE TERRY COMPANIES FIVE, LLC for a Conditional Use Permit re
multifamily dwellings at Ocean Shore Avenue DISTRICT S -LYNNHAVEN
3. Application of MARY MEYER for a Conditional Use Permit re home-based wildlife
rehabilitation at 547 Susan Constant Drive DISTRICT 5- LYNNHAVEN
4. Application of VIRGINIA BEACH HORSEBACK/CHARLIE and ROSEMARY
THOMPSON for a Conditional Use Permit re horses for hire at 1117 Horn Point Road
DISTRICT 7 - PRINCESS ANNE
5. Application of FRANKLIN JOHNSTON GROUP MANAGEMENT DEVELOPMENT,
LLC /TRUSTEES OF FIRST LYNNHAVEN BAPTIST CHURCH for a Chan e o
Zonin?- from AG-1 Agricultural to Conditional A-18 Apartment re multi family
dwellings at 2673 Princess Anne Road DISTRICT 7- PRINCESS ANNE
ITEM #I WILL BE DEFERRED TO AUGUST S, 2014
ITEM #3 WILL BE DEFERREED TO AUGUST S, 2014
ITEM #4 WILL BE CONSIDERED SEPARATELY
ITEM #5 WILL BE CONSIDERED SEPARATELY
July 8, 2014
-33-
ITEM#63998
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,
pi^omotion, peYformance, 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).
Beach District
Beach District
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)
Beach District
July 8, 2014
-34-
ITEM#63998
(Continued)
Upon motion by Councilman Dyer, seconded by Cour2cilman Uhrin, City Council voted to proceed into
CLOSED SESSION at 5:14 P.M.
Voting: 11-0
Council Members Yoting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, BYad Martin, John D. Moss, Amelia N. Ross-
Hammond, Mayor William D. Sessoms, JY., John E. Uhrin, Rosemary
Wilson and .Iames L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
None
(Closed Session
5:14 P.M. - 5:35 P.M.)
July 8, 2014
-35-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
JULYB, 2014
6: 00 P.M.
Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGWIA BEACH
CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, July 8, 2014, at 6.• 00 P.M.
Council Members Present.•
Robert M. Dyer, Barbara M. Henley, Vice Mayor
Shannon DS Kane, Brad Martin, John D. Moss,
Hammond, Mayor William D. Sessoms, Jr., .Iohn E.
Wilson and James L. Wood
Council Members Absent.•
None
INVOCATION: Reverend Randy Singer
Pastor
Trinity ChuYCh
Louis R. Jones,
Amelia N. Ross-
Uhrin, Rosemary
PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA
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
impropriery that might arise if he unknowingly participates in a matter before Ciry Council in which
TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne
IZealty, 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.
July 8, 2014
-36-
Vicc Mayor Jones DISCLOSED, for maizy years, he served ofz the Board of Directors of Resour•ce Bank.
Thi°ee (3) years ago, Fulton Financial Corporatiorr ("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' letteN of April 10, 2007, is hereby made a part of the
record.
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent aff liated with Prudential Towne
Realry ("Prudential'). Because of the nature of Real Estate Agent affiliation, the size of Prudential, and
the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in
which she is not personally involved and of which she does not have per-sonal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
Yeview she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of Ciry Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of August 13, 2013, is hereby made a part of the record.
July 8, 2014
-37-
Item -V-E
CERTIFICATION
ITEM #63999
Upon motion by Councilman Dyer, seconded by Councilman Martin, City Council CERTIFIED THE
CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requiYements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
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., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
None
July 8, 2014
R E S OLUTION
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 #63998 Page 34, and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.2-3 712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
uth Hodges Fraser, MMC
City Clerk
July 8, 2014
-38-
Itenz -V-F.l
MINUTES
ITEM #64000
Upon motion by Councilman Martin, seconded by Council Lady Ross-Hammond, City Council
APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of July 1, 2014.
Voting: 10-0
Cozincil Members Voting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, Amelia N. Ross-Hammond, Mayor
William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
Council Members Abstaining.•
John D. Moss
July 8, 2014
-39-
ADOPTAGENDA
FOR FORMAL SESSION ITEM #64001
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
July 8, 2014
-40-
Item -V-H.1
MAYOR'S PRESENTATIONS
ITEM #64002
"VIRGINIA BEACH CIVIC DAY"
Jl Visa Work and Travel Progra`n - InteriZational Students
Mayor Sessoms introduced and welcomed Nancy Marscheider - Eastern Regional Director,
InterExchange, along with the.
July 8, 2014
-40-
Item -V-H.1
MAYOR'S PRESENTATIONS
ITEM #64002
"VIRGINIA BEACH CIVIC DAY"
JI Visa Work and Travel Program - International Students
Mayor Sessoms welcomed Nancy Marscheider - Chair of the Virginia Beach International Student
OutYeach Program, and presented a Proclamation declaringJuly 8, 2014, JI Visa International Students'
Civic Day. Four (4) of the participating International Students living and working in Virginia Beach
accompanied Ms. Marscheider for this presentation. Many others were on their jobs and unable to
attend.
Ms. Marscheider expressed her appreciation to the City of Virginia Beach for their continued support of
this program, which annually brings nearly 1,700 international students to Virginia Beach to live and
work. The City takes great pride in participating in positive, cultural exchange programs with
international students.
July 8, 2014
?NU' BEA
c
UO4 ; I ?J?yL'??
='KS°F o x ?Ai?ox?m ?La
proclamatt'on
ryVhereas: 2he virginia Beach International Stucfent Outreach Program (ISOP) was fornied to
ensure J1 Internationat Students wiff experience a more comfortadle and safe stay
while in viginia Beach; and
WFiereq.s: 7/"ie ISOP is a strong(z? organizecf community effort among hotels, restaurants,
retailers, faith dasedorganizations, communitygroups, arufcity, state arccfgovemunent
agerccies; and
WFiereas: 2lie City of Virginia Beach uncferstands the importance of visitors of aff nationalities;
and
WFiereas: q7"ie citizens of virginia Beac( take great pride in participating in positive, culturaf
exchange programs of internationafstudents; and
RNhereas: *ports show that these positive experiences lead to more creative thinking and
meaningful relationships, eXpanded opportunities, and improved glodaf
understanding; and
4NFiereas: qf"ie City of virginia Beac( is interested in promoting internationaf travef and tourism
for the State of virginia arufparticular?for thegreatest city in the world.
Npw, 2&refore, I, Wi(.?'iam D. Sessoms, 7r., Mayor of the City of virginia Beach, virginia, do Fieredy
Proc(aim:
,VuCy 8, 2014
yi Visa InternationaCStudents' Civic Day
In virBinia Beach, and I encourage aff citizens, city memders arccfcivic oganizations to join me in
welcoming the nearly 1, 700 interrcationaf stucfents to Virginia Beach on the `INork and 7ravel
Program.
In tiVitness WFiereof, I have hereunto set my hand and caused the Official Sea( of the City of
virginia Beach, virginia, to de affixecf this eight day of yu?, 7wo 2hwusarufFourteen.
W?
`INif?'iam D. Sessoms,,r.
Mayor
-41-
Item -V-I
ORDINANCES/RESOL UTIONS
ITEM #64003
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY
CONSENT, IN ONE MOTION, Items 1, 2, 3, 4 and Sa/b/c/d/e of the CONSENT AGENDA.
Voting: 11-0
Council Members Poting 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, JY., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay.
None
Council Members Absent:
None
July 8, 2014
-42-
Itenz -V-I.I
ORDINANCES/RESOL UTIONS
ITEM #64004
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND Section 2-452.1 of the City Code re the Chesapeake Bay
Preservation Area Board
Yoting.• 11-0
Council Members Voting Aye:
Robert M. Dyer, Baf-baYa M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
July 8, 2014
1 AN ORDINANCE TO AMEND SECTION 2-
2 452.1 OF THE CITY CODE PERTAINING TO
3 CHESAPEAKE BAY PRESERVATION AREA
4 BOARD
5
6 SECTIONS AMENDED: § 2-452.1
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Section 2-452.1 of the Code of the City of Virginia Beach, Virginia, is hereby
12 amended and ordained to read as follows:
13 Sec. 2-452.1. Chesapeake Bay Preservation Area Board.
14 (a) There is hereby created the Chesapeake Bay Preservation Area Board,
15 which shall have such authority as is conferred upon it by the provisions of the
16 Chesapeake Bay Preservation Area Ordinance. Such board shall consist of nine (9)
17 members, who shall be appointed by the city council for terms of three (3) years;
18 provided, however, that original appointments shall be made as follows: Three (3)
19 members shall be appointed for a term of three (3) years, two (2) members for a term of
20 two (2) years, and two (2) members for a term of one (1) year. Members may serve for
21 no more than three (3) consecutive three-year terms in addition to an initial term, if such
22 initial term is less than three (3) years, but a member whose term expires shall continue
23 to serve until his successor is appointed and qualifies. Appointments to fill vacancies
24 shall be for the unexpired portion of the term. Members of the board shall be appointed
25 on a volunteer basis and shall be reimbursed for their necessary expenses in
26 discharging their duties.
27 (b) The board shall elect from its membership a chair and vice-chair. The
28 chair shall preside at all meetings of the board, except that the vice-chair shall preside
29 in the absence of the chair. Members of the board shall be required to take an oath of
30 office prior to assuming their positions. The board may make, alter and rescind rules
31 and forms for its procedures, consistent with the ordinances of the city, including,
32 without limitation, Sections 110 and 111 of the Chesapeake Bay Preservation Area
33 Ordinance, and the general laws of the commonwealth.
34 (c) Pursuant to the provisions of section 2.2-3115(A) 2.1 639. 1^° of the Code
35 of Virginia, the members of the Chesapeake Bay Preservation Area Board, as a
36 condition of assuming office, shall file disclosure statements of their personal interests
37 and other information specified on the forms set forth in Code of Virginia; section 2.2-
38 3117 2.1 639.15 and, thereafter, file such statements semi-annually in accordance with
39 the provisions of Code of Virginia section 2.2-3115(A) .
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 8th
day of July , 2014.
APPROVEDIAS 1\0 CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
?
7--
a6ihgjDeparfment City Attorney's Office
CA13054
R-1
July 1, 2014
-43-
Item -V-I.2
ORDINANCES/RESOL UTIONS
ITEM #64005
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE a donation of $30, 000 from Boys Baseball of
Lynnhaven Incorporated re improvements to Lynnhaven Baseball Complex
Voting: 11-0
Council Members Yoting 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., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay.•
None
Council Members Absent:
None
July 8, 2014
1
2
3
4
5
6
7
8
9
10
11
12
13
14
AN ORDINANCE TO ACCEPT AND
APPROPRIATE A DONATION FROM BOYS
BASEBALL OF LYNNHAVEN INCORPORATED
TO PARTIALLY FUND CAPITAL
IMPROVEMENTS FOR THE LYNNHAVEN
BASEBALL COMPLEX
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $30,000 is hereby accepted and appropriated, with donation revenue
increased accordingly, to Capital Project #4-306, "Open Space Park Development &
Maintenance II," to partially fund the cost of capital improvements in the Lynnhaven
Baseball Complex.
Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day of
July 2014.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
?
?
Budget Ofid Management Services City Att ey,s ffice
CA13043
R-1
June 11, 2014
-44-
Item -V-I.3
ORDINANCES/RESOL UTIONS
ITEM #64006
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, a Resolution to AUTHORIZE and EXECUTE a Memorandum of Agreement (MOA)
ESTABLISHING the Hampton Roads Regional Water Quality Monitoring Program
Voting: 11-0
Council Members Tloting 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., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
July 8, 2014
1 A RESOLUTION AUTHORIZING THE EXECUTION
2 OF A MEMORANDUM OF AGREEMENT
3 ESTABLISHING THE HAMPTON ROADS REGIONAL
4 WATER QUALITY MONITORING PROGRAM
5
6 WHEREAS, the Hampton Roads Planning District Commission ("HRPDC") and
7 the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth and Virginia
8 Beach desire to enter into a Memorandum of Agreement ("MOA") to establish a
9 Hampton Roads regional water quality monitoring system; and
10
11 WHEREAS, the HRPDC will coordinate the effort to collect date on a regional
12 scale to accurately measure the amount of nitrogen, phosphorus and sediment being
13 deposited into waterways; and
14
15 WHEREAS, such a cooperative effort will improve the data available in
16 evaluating the requirements of the Chesapeake Total Maximum Daily Load and the
17 Municipal Separate Storm Sewer Permit ("MS4").
18
19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA, THAT:
21
22 The City Manager is hereby authorized to execute a Memorandum of Agreement
23 befinreen the City and the HRPDC to establish the Hampton Roads Regional Water
24 Quality Monitoring Program. A summary of material terms of the MOA is attached
25 hereto and incorporated herein.
26
Adnpted by the Council of the City of Virginia Beach, Virginia on the 8th day
of .t„ lg , 2014.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
,.Department of P blic Works O ice o the City A ey
Z
CA13052
R-2
July 1, 2014
SUMMARY OF MATERIAL TERMS
MEMORANDUM OF AGREEMENT ("MOA")
PARTIES HAMPTON ROADS PLANNING DISTRICT COMMISSION
("HRPDC")
CITY OF VIRGINIA BEACH (the "City")
The Cities of Chesapeake, Hampton, Newport News, Norfolk and
Portsmouth will also sign MOAs with the HRPDC
PURPOSE Establish a regional water quality monitoring program ("program") to
monitor the amount of nitrogen, phosphorus and sediment deposited into
local waterways.
TERMS The HRPDC shall:
1. Provide technical support related to water quality
monitoring issues;
2. Provide administrative, technical and clerical resources to
support the program;
3. Prepare the annual budget for the program;
4. Assist in coordinating communication with state and
federal agencies in regard to the program;
5. Take steps to obtain financial support from outside sources;
6. Contract with Hampton Roads Sanitation District and the
United States Geological Survey to provide sampling and data for the
program;
7. Provide the raw data to the City;
8. Prepare annual reports; and
9. Facilitate the use of the data through the Department of
Environmental Quality and the United States Environmental Protection
Agency.
The City shall:
1. Appoint a representative to the steering committee for the
program;
2. Provide timely review of HRPDC analyses and
conclusions;
3. Provide input on monitoring sites and land use
characteristics; and
4. Provide annual support of approximately $84,000 to
support the program for 5 year term of the Municipal Stormwater Permit.
11fIEMORANDUM OF AGREEIII[[EIVT
ESTABLISHING THE
HAMPTON ROADS REGIONAL WATER QUALITY MONITORING PRfJGRAM
This Memorandum of Agreement ("Agreement") is entered inta this First day of
March, 2014 by and among the Cities of Chesapeake, Hampton, Newport News,
Narfolk, Portsmouth, and Virginia Beach (individually, the °Locality;" collectively, the
"Localities") and the Hampton Roads Planning District Commission ("HRPDC").
WHEREAS, Sectians 15.2-4200, ef seq. of the Code of Virginia enables lacai
governments to establish Pianning District Commissions; and
WHEREAS, the Localities, in common with several other local governments in the
region, have acted, pursuant to Sections 15.2-4200, et seq. of the Code of Virginia, to
establish the HRPQC; and
WHEREAS, the HRPDC has been requested and has undertaken various studies to
support local governrnent stormwater management programs, including compliance with
Virginia Stormwater Management Program ("VSMP") and the Municipal Separate Storm
Sewer ("MS4") Permits; and
WHEREAS, the Localities have requested the HRPDC to coordinate a regional water
qua{ity monitoring program; ancf
NOW, TMEREFORE, in consideration of the premises, mutual cauenants, and
obligations contained herein, the Localities and HRPDC hereby enter into this
Agreement for the purposes of establishing and maintaining the Hampton Roads
Regianal Water Quality Monitoring Program.
BAS1C PREMISES
The Localities initially received Virginia Pollutant Discharge Elimination System
("VPDES") Permits in 1996. Those permits, which were renewed in 2001, govern the
discharges from the individual Locality's MS4s to waters of the state and impose certain
operational and reporting requirements on those systems. These permits are
renewable on a five (5) year basis, and the Localities appfied for renewecf permifs in
2005. The Localities continue to operate programs under administratively continued
permits. Permit renewals are expected in 2014.
The L.ocalities are interes#ed in monitoring stormwater in a manner which quantifies the
nitragen, phosphorus, and sediment loads associated with specific land uses in
Hampton Roads.
The objective of the Regional Water Quality Moniforing Program is to collect data at a
regional scale that will accurately measure the amount of nutrient and sediments
defivered to waterways by the local MS4 systems. The data would be submitted to the
February 2014 1
Virginia Department of Environmental aua(ity ("DEQ") and/or the Chesapeake Bay
Program for updates to improve the accuracy of existing camputer models, provide a
basis upon which to administer local stormwater programs with a greater degree af
precision, and improve action plans to meet the Chesapeake Bay total maximum daily
load ("TMDL") and other local TMDLs for impaired waters.
The Regional Water Quality Monitoring Program is based on a five-year work plan with
acquisition of monitoring equipment and services amortized over the entire term of the
initial program.
HRPDC RESPONSIBILlT(ES
Under the terms afi this Agreement, the HRPDC staff is responsible for the follawing:
« Provide technical support related to water quality monitoring issues to local
government staff.
• Provide the necessary administrative, technical, and clerical resources to support
program activities.
• Prepare an annual budget far the Hampton Roads Regianal Water Quality
Monitoring Program.
• Assist the signatories in coordinating communication an monitaring activities to
state and federal agencies to ensure that program goals are met.
• Take steps, in conjunction with the Localities, ta obtain financial support for
program activities from outside sources, including federal, state, and private
grants, ta the extent that this objective may be accomplished withaut creating a
conflict of interest, as determined by the Localities.
• Contract with the Hampton Roads Sanitation District ("HRSD") and the United
States Geological 5urvey ("USGS") to provide sampiing and data analysis
requirea by tne regianai program.
+ Provide the raw data from all monitoring devices directly ta the Localities.
• Prepare annual program reparts, or components thereof, which comply with the
provisions of the MS4 permits and stormwater management programs of the
Localities.
• Facilitate the use of the monitoring data in the (ocal TMDL studies being
prepared through the DEQ and the United States Environmental Protection
Agency and facilitate preparatian of TMDL Implementation Plans for impaired
waters in the Hampton Raads Region, if requested.
February 2014 2
LOCAL GOVERNMENT RESPONSIBILITIES
Under the terms of the Agreement, the Localities are responsible for the following:
• Appoint a representative to serve an the steering committee for the Regional
Water Quality Monitoring Program to represent the local government stormwater
and water quality refated concerns.
• Provide timely technical review of HRPDC analyses and conc[usions.
• Provide input on monitoring site selection and land use characterization to
support HRSD's sampling and USGS data analysis.
• Provide annual funding to support the agreed-upon regional program, subject to
appropriation.
METHOD OF FINANCING
Program costs will be divided equally between the Localities, and the annua( cost to
each Locality for each year of the five year term of this Agreement is estimated at
$84,000. Locaf contributions may be increased abave this annual estimate to refiect
program needs only upon modification of this Agreement.
Financial supporfi firom other entities, such as federal and state agencies, and the
private sector, may be sought and obtained #o support the activities of the Hampton
Roads Regional Water Quality Monitoring Program, to the extent that this financing
effort may be accompiished without creating a conflict of interest, as determined by the
Locaiities.
AVAILABILITY OF FUNDS
Performance by the HRPDC af its responsibilities under this Agreement is subject to the
availability af funding from the Localities. The Localities` fal(ure ta provide the
necessary tunding to support 2hese activities wiii constituie a ivotice to iviodify or
Terminate the Agreement.
MODIFICA?TIONS
Modifications to this Agreement must be submitted in writing, approved by the HRPDC,
and accepted by all signatories.
DURATION AND TERM(NATION
This Agreement will have a term of fiive (5) years, extending from the date of full
execution of the Agreement by the signatories. To canform ta local government charter
and Virginia Code requirements, the funding provisions of this Agreement will be subject
February 2014 3
to annual appropriations.
Any signatory may terminate its participation in the Hampton Roads Regional Water
Quality Monitaring Program by written Notice to Terminate to all other parties. Such
termination wili be effective with the start of the foliowing fiscal year. Depending upon
the terms of individual MS4 permits, termination of participation in the Hampton Roads
Regianal Stormwater Management Program in the middle of a permit term may result in
changes to permit conditions and require renegotiation of the individuai locality's MS4
permit from DEGl.
OWNERSHlP t7F PROPERTY
lt is not the intent of the signatories that this Agreement wilf result in the purchase,
ownership, leasing, holding, or conveying of any real properky, other than those reai
property rights necessary for the location of the monitoring equipment. At the option of
the locality, the equipment paid for by the Lacafities will be the property of the IocaEity in
which the equipment is located.
1NDEMNITY
It is the intent of the signatories that no signatory will be held liable far any damage or
associated penalties caused by or associated with the faifure of any other signatory to
discharge its duties or ta exercise due diGgence in ciischdiy'lng its duties urder tris
Agreement, and that no signatory, by entering this Agreement, waives any defenses or
immunities available to it at law, including, but not (imited ta, those set forth in Section
15.2-970 of the Code of Virginia.
It is the intent of #he signatories that no signatory will be held liable far any damage ar
associated penalties caused by or associated with the failure of any other sfgnatory to
comply with the terms and conditions of the signatary's MS4 permit.
SEVERABIl.1TY
If any Nrovisiun in this Agreement is determined by a court of competAn± juriSdic±ion to
?.he illv°ullu u^u unonf?n,r?ouhlA t?An thg r°tT?ai!?1C3g pfGVicio??s shall St!rt/i??e anc? r2[71aIC1
valid and enforceable.
DiSPUTE RESOLUTION AND APPLICABLE LAW
This Agreement shall be governed, interpreted and enfarced by the laws of the
Commonwealth of Virginia. In the event of a dispute between any parties arising out of
or related to the Agreement, the parties agree to submit any cause of action to
mediation upan consent of all necessary parties, or, to a court with competent
jurisdiction located in the corporate limits of one of the member Localities.
February 2014 4
LIST taF SIGNATQRIES
Signature pages will be signed in counterparts.
CITY OF CHESAPEAKE
CITY OF HAMPTON
CITY OF NEWPORT NEWS
CITY OF NORFOLK
CITY (JF PORTSMOUTH
CITY OF VIRGINIA BEACH
HAMPTON R4ADS PLANNING DISTRICT COMMISSION
This listing of participants will be foilawed by individual signature pages.
February 2014
IN WITNESS THEREOF, the duly authorized Chief Administrative Qfficer of the
Localities and the Executive Director af the Hamptan Roads Planning District
Commission hereby execute this Agreement.
HAMPTON ROADS PLANNING
DISTRICT COMMISSION
/
By• ! .. -
Date:
?
I Date: ?,`:
# e
Attest:
February 2014
IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the
Localities and the Executive Director of the Hampton Roads Planning District
Commission hereby execute this Agreement.
Date:
Afitest:
APPROVED AS TO CONTENT:
.
D artment of Public Works
CITY OF VIRGINIA BEACH
By:
Date:
APPROVED AS TO LEGAL SUFFICIENCY:
?? Q ?% A7?. o
City Attorney's Office
February 2014 12
-45-
Itenz -V-I.4
ORDINANCES/RESOL UTIONS
ITEM #64007
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE temporary encroachments into portions of City Property known
as Lake Joyce for MEADE A. and SUSAN FOWLKES re riprap rubble and existing bulkhead, existing
pier, platform access way and constructing/maintaining a Yiprap revetment, access landing, stairway and
pier platform DISTRICT 4- BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance to AUTHORIZE temporary encroachments into portions of
City Property known as Lake Joyce for MEADE A. and SUSAN
FOWLKES re riprap rubble and existing bulkhead, existing pier,
platform access way and constructing/maintaining a riprap revetment,
access landing, stairway and pier platform (GPINs 1570802438,
1479894623) DISTRICT 4 - BAYSIDE
The following conditions shall be required.•
1. 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.
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 Ciry's specifications and approval.
3. 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
removar
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.
5. 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.
July 8, 2014
-46-
Item -V-I.4
ORDINANCES/RESOL UTIONS
ITEM #64007(Continued)
6 It is further expressly understood and agreed that nothing herein cofitained
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.
7. It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachrnents so as not to become unsightly or a
hazar•d.
8. It is further expressly understood and agreed that the Grantee must obtain a
permit from the Civil Inspections Division of the Department of Planning prior
to commencing any construction within the Encroachment Area (the
"Permit').
9. It is ficrther expressly understood and agreed that the Grantee shall maintain
an existing vegetated riparian buffer, which is a minimum of TWENTY FIVE
(25) feet in width landward from the shoreline, shall run the entire length of
the shoreline and shall consist of a mulched planting bed and contain a
mixture of trees, woody shrubs, perennial plants and/or miscellaneous g-round
cover of a size and species of the Grantee 's choice, shown on Exhibit `A "(the
"Buffer'). The Buffer shall not be established during the months of June, July
or August so that it has the greatest likelihood of survivability. Prior to the City
issuing a Permit, the Grantee must post a bond or other security, in an amount
equal to the estimated cost of the required Buffer plantings, to the Environment
and Sustainability Division of the Department of Planning to insure completion
of the required Buffer. The Grantee shall notify the Department of Planning
when the Buffer is complete and ready for inspection; upon satisfactory
completion of the Buffer as determined by the City, the bond shall be
released. An access path, consisting of stepping stones, stabilized
appropi^iately to prevent erosion, through the Buffer to the shoreline is
allowed.
10. It is further expressly understood and agreed that the Grantee must obtain and
keep in effect liability insurance with the Ciry as a named insured in an amount
not less than $500, 000.00, per person injured and property damage per
incident, cornbined, with the City listed as an additional insured. The company
providing the insurance must be registered and licensed to provide insurance
in the Commonwealth of Virginia. The Grantee will provide endorsements
providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance
policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location and/or existence of the
Temporary Encroachments.
II.It is further expressly understood and agreed that the Temporary
Encroachments must conform to the minimum setback requirements, as
estabZished by the City.
July 8, 2014
-47-
Item -V-I.4
ORDINANCES/RESOL UTIONS
ITEM #64007(Continued)
12. 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 eitheY the Department of Public Works
City Engineer's Office or the Engineering Division of the Department of Public
Utilities.
13. 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 EncYOachments 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.
This Ordinance shall be effective in accordance with Section 107(/) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighth day of July, Two
Thousand Fourteen
Voting: I1-0
Council Members Yoting 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., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
July 8, 2014
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF CITY
5 PROPERTY KNOWN AS LAKE JOYCE
7 AND THE 25' STRIP OF CITY
s PROPERTY AROUND LAKE JOYCE,
9 LOCATED AT THE REAR OF 4324
lo BEN GUNN ROAD, FOR MEADE A.
11 FOWLKES AND SUSAN M. FOWLKES
12
13 WHEREAS, Meade A. Fowlkes and Susan M. Fowlkes desire to remove riprap
14 rubble and an existing timber (wall) bulkhead, maintain an existing pier, platform access
ls way and to construct and maintain a granite quarry stone (rip rap) revetment measuring
16 130' length X 5' height X 8.4' width, an access landing and stairway measuring 8.5'
17 length X 3' width and a pier platform measuring 24.3' length X 12.1 width in a portion of
ls existing City property known as Lake Joyce and a 25' strip of City property around Lake
19 Joyce, located at the rear of 4324 Ben Gunn Road, in the City of Virginia Beach,
20 Virginia; and
21
22 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
23 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
24 City's property subject to such terms and conditions as Council may prescribe.
25
25 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Meade A. Fowlkes and
30 Susan M. Fowlkes, their heirs, assigns and successors in title are authorized to
31 maintain temporary encroachments to remove riprap rubble and an existing timber
32 (wall) bulkhead, maintain an existing pier, platForm access way and to construct and
33 maintain a granite quarry stone (rip rap) revetment measuring 130' length X 5' height X
34 8.4' width, an access landing and stairway measuring 8.5' length X 3' width and a pier
35 platform measuring 24.3' length X 12.1 width upon a portion of City property known as
36 Lake Joyce and the 25' strip of City property around Lake Joyce, as shown on the map
37 marked Exhibit "A" and entitled: "EXHIBIT A PROPOSED ENCROACHMENT OF
38 RIPRAP & PIER ACCESS IN LAKE JOYCE DATE: AUGUST 23, 2013 SHEET 1 OF 1
39 SCALE: 1" = 30'," a copy of which is on file in the Department of Public Works and to
40 which reference is made for a more particular description; and
41
42 BE IT FURTHER ORDAINED that the temporary encroachments are expressly
43 subject to those terms, conditions and criteria contained in the Agreement between the
44 City of Virginia Beach and Meade A. Fowlkes and Susan M. Fowlkes (the "Agreement"),
45 which is attached hereto and incorporated by reference; and
46
47
48
49
50
51
52
53
54
55
56
BE IT FURTHER ORDAINED that the City Manager or his authorized designee is
hereby authorized to execute the Agreement; and
BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such
time as Meade A. Fowlkes and Susan M. Fowlkes and the City Manager or his
authorized designee execute the Agreement.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day
of July , 2014.
CA-12953
R-1
PREPARED: 6/17/14
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
GNAT RE
DATE
?,....
,
DANA R. A?MLYER,
AS ATE CITY ATTORNEY
PUBLIC WORKS / REAL ESTATE
DEPARTMENT / DIVISION
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 19th day of June, 2014, by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and MEADE A. FOWLKES and SUSAN M.
FOWLKES, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN
TITLE, "Grantee", even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "LOT 34, BLOCK 1, SECTION 1"; as shown on that
certain plat entitled: "SUBDIVISION NO. 1 OF BAYLAKE PINESPRINCESS ANNE
COUNTY, VA. FEBRUARY, 1954 SCALE: 1" = 100', prepared by FRANK D. TARRALL,
JR., & ASSOCIATES SURVEYORS & ENGINEERS NORFOLK, VA.," and said plat is
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia
in Map Book 31, at page 53, and being further designated, known, and described as
4324 Ben Gunn Road, Virginia Beach, Virginia 23455;
WHEREAS, it is proposed by the Grantee to remove riprap rubble and an
existing timber (wall) bulkhead, maintain an existing pier, platform access way and to
construct and maintain a granite quarry stone (rip rap) revetment measuring 130' length
X 5' height X 8.4' width, an access landing and stairway measuring 8.5' length X 3'
width and a pier platform measuring 24.3' length X 12.1 width, collectively, the
"Temporary Encroachments", in the City of Virginia Beach; and
GPIN'S: 1570-80-2438-0000; (Lake Joyce and 25' strip of City Property)
1479-89-4623-0000; (4324 Ben Gunn Road)
WHEREAS, in constructing and maintaining the Temporary
Encroachments, it is necessary that the Grantee encroach into a portion of an existing
City property known as Lake Joyce and the 25' strip of City property around Lake Joyce,
the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachments within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachments.
It is expressly understood and agreed that the Temporary Encroachments
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
Temporary Encroachments into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT A
PROPOSED ENCROACHMENT OF RIPRAP & PIER
ACCESS IN LAKE JOYCE SCALE: 1" = 30' AUGUST 23,
2013 SFitti i GF 1," preparea qy uAViu KLEGZiK,
PROFESSIONAL ENGINEER, for MARINE ENGINEERING,
said exhibit plat consists of five (5) sheets, a copy of which
are attached hereto as Exhibit "A" and to which reference is
made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachments from the Encroachment Area in the event of an emergency or public
IleC2SSliy, and Graniee shafl bear ail costs dnu expcnses af sucr rcmoval.
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.
ii iS iUliliBi vX?3i'ESSiji i,iiiuBiSiC?Ou aiiu aC?i'88?i i,iai t?e Grartec iii.iSt O`?iaiii
a permit from the Civil Inspections Division of the Department of Planning prior to
commencing any construction within the Encroachment Area (the "Permit")
It is further expressly understood and agreed that the Grantee shall
establish and maintain a riparian buffer, which shall be a minimum of 25 feet in width
landward from the shoreline, shall run the entire length of the shoreline, and shall
consist cf a mu!ched plant;ng bed and ccntain a m;xture of trees, woody shrubs,
perennial plants and/or miscellaneous ground cover of a size and species of the
3
Grantee's choice, as shown on Exhibit "A" (the "Buffer"). The Buffer shall not be
established during the months of June, July, or August, so that it has the greatest
likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a
bond or other security, in an amount equal to the estimated cost of the required Buffer
plantings, to the Environment and Sustainability Division of the Department of Planning
to insure completion of the required Buffer. The Grantee shall notify the Department of
Planning when the Buffer is complete and ready for inspection; upon satisfactory
completion of the Buffer as determined by the City, the bond shall be released. An
access path, consisting of stepping stones, stabilized appropriately to prevent erosion,
through the Buffer to the shoreline is allowed.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00, per person injured and property damage per incident, combined,
with the City listed as an additional insured. The company providing the insurance must
be registered and licensed to provide insurance in the Commonwealth of Virginia. The
Grantee will provide endorsements providing at least thirty (30) days written notice to
the City prior to the cancellation or termination of, or material change to, any of the
insurance poiicies. ii'le k'lr'aniee d55uries aii re5puri5iuiiities dnu iiauiliiies, vesied ui
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 furt"er e?pressly understaod ard agrezd that t"e Grantee ??ust
submit for review and approval, a survey of the Encroachment Area, certified by a
4
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary encroachments sealed by a registered professional engineer, if
requested by either the Department of Public Works City Engineer's Office or the
Engineering Division of the Department of Public Utilities.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachments and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachments; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachments are
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, Meade A. Fowlkes and Susan M. Fowlkes, the
saiU Grantees, have cdu5ed ihis Agrccmznt io UC CXCCIltEd UY t ileir signaturcs. Fu l"Lher,
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
gy (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2014, by I
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.
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:
(SEAL)
The foregoing instrument was acknowledged before me this day of
, 2014, 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 Public
Notary Registration Number:
My Commission Expires:
(SEAL)
6
1 ?
By
M ade A. Fowikes, Owner
iy
Susan M. Fowlkes, Qwner
STATE OF
CtTY/6GUNW-OF ? ?_F, , to-wit;
'-'
The foregoing instrument was acknowiedged before me this jq4 day of
J,,A n e- , 2014, by Meade A. FQw4kes.
(SEAL)
N &ary Pualic
Notary Registration Number:
My Commissian Expires: ;;?-2ri ? 1
STATE OF
C ITYlCt7t?t?'1'r`-4F E.-? ? ? ?? to-wit:
:r=..-r:.=
JOANNE K BERRY
Notary Puaic
Comrnorrvvealth of Vkginia
304820
Imy CarnnNgslon Explms L'oe. 31, 2018
The foregoing instrument was acknQV+rledged before me this day of
? - W: . - , 2014, by Susan M. Fawlkes.
-?.. ?
L4 (SEAL)
No ry Public
D ,-
Natary Registration Num ber: L- ?C3RN!?E 14 BERRY
A NotarY pubiic
My CQmmission Expires: ??-? commor?w8e1?orw?in?
30d820
MY ??be{on Explree Dec. 31, 201 S
7 ?
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EXHIBIT A
APPUCATION FOR ENCROACHMENT BY:
PROP05ED ENCROACHMENT MARINE ENGINEERING
1297 BRADDOCK AVE
MEADE FOWLKES OF VIRGINIA BEACH, VA 23455
115 ST ANDR£WS RIPRAP & PIER ACCESS
M1THF7ELD, VA 23430 (N SHEET 1 OF 1
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NONAL ??
A?PUCANT:
MEADE FOWLKES
115 ST ANDREWS
SMITHFIELD, VA 23430
ACCESS DETAILS
MARINE ENGINEERING
1297 BRADDOCK AVE
VIRGINIA BEACH, VA 23455
PH: (757) 477-4787
FEB 'o ?
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-48-
Item -V-I.Sa/b/c/d/e
ORDINANCES/RESOL UTIONS
ITEM #64008
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to TRANSFER funds to the FY 2014-I S Schools Operating Budget to provide a
3% salary increase
a. $594,500 to the Instruction Classification
b. $ 58,000 to the Operations Classification
c. $ 29, 000 to the Transportation Classification
d. $ 21, 750 to the Administration, Attendance and Health Classifzcation
e. $ 21,750 to the Technology Classification
Voting: 11-0
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., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
None
July 8, 2014
1 AN ORDINANCE TO TRANSFER FUNDS TO THE FY 2014-
2 15 SCHOOL OPERATING BUDGET
3
4 WHEREAS, the School Board requested, by resolution dated June 17, 2014, a
5 transfer of funds to the School Operating Budget to provide a 3.0% salary increase
6 rather than a 2.79% that was part of the School Board budget request provided earlier
7 this calendar year; and
8
9 WHEREAS, the 3.0% salary increase for employees of the School Board would
10 match the increase previously authorized for City employees;
11
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
13 VIRGINIA BEACH, VIRGINIA:
14
15 That $725,000 is hereby transferred from the General Fund Reserve for
16 Contingencies School Reserve to the FY 2014-15 Schools Operating Budget (115
17 Fund) in the amounts set forth below:
18
19 $21,750 the Administration, Attendance, and Health Classification;
20 $594,500 to the Instruction Classification;
21 $58,000 to the Operations Classification;
22 $29,000 to the Transportation Classification; and
23 $21,750 to the Technology Classification.
24
25 BE IT FURTHER ORDAINED:
26
27 That the funds provided herein are one-time funds that are provided outside of
28 the City and School Revenue Sharing Formula (the "Formula"), and the City Staff is not
29 to propose any funding adjustments based upon the Formula because of differences
30 between the projected State revenues upon which the FY2014-15 Adopted Budget was
31 based and the adopted State Budget.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th
day of July , 2014.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
/
ud an Ma agement Services Ci y ey's Office
CA13051
R-1
June 24, 2014
4 ,: •
` iRGlN1A BEACi1 GTY PUBLIC SCHOOLS
A H£ A A O E T H E C U R V E
Schoof Administration Building #6, Municipat Center
2512 George Mason Dr.
P. O. Box 6038 Virginia Beach, VA 23456
(757) 263-1000
M[SSION STqTEMENT
The Virginia Beach City Pubiic Schools, in partnersitip with the entire community,
will empower every student to become a life-long learner who is a responsible,
productive and engaged citizen within Lhe global community.
School Board of the City of Virginia Beach
Daniel D. Edward5, Kempsville, Chair
WilEiam J. Brunke, IV, Princess Anne, Vice Chair
Beveriy M. Andersors, At-Large
Emma L. "Em" Davis, Lynnhaven
Dorothy M. "Dottie" HalYZ, At-Large
Joel A. McDonaid; Rose Hail
Bob6y MeEatti, Ai-Large
Sam Reid, Beach
Efizabeth. E. Taylor, At-Large
Leonard C. Tengco, Centerville
Caraln D. Weems, Bayside
Sheila S. Magula, Ed.D., Superintertdent
SUPPLEMENTAL BUDGE7 RESOWTION -F`! 2014f 15
WHEREAS, the School Board of the City o# Virg+nia Beach desires to increase campensation far its employees as much as
passible to achieve regional cornpetitiveness; and
WHEREAS, the City Council ftevenue Sharing Formula provided adequate funds to support a 2.79% FY 2014/15 salary
increase; and
WFiEREAS, in appropriating school funds for the School 8aard's FY 2014/15 Operating Budget, City Council identif'sed
$725,000 above the €ormula to partialty suppart a local match should there be state funds to support a pay ra€se; and
WHEREAS, the School Board recognizes that without a state pay raise, provis'son of these funds to the School Board
wou{d constitute ane-tirne funds and aithough the Schoal Board recognizes the future chatlenges of using these one-
time funds far the pay raise, the Board beiieves it is appropriate and necessary; and
'UftHEREAS, the finaf state budget does nat provide state funds for a pay raise, but those funds wiil be adequate to
increase the funded salary increase for schaol employees to 3.009eo; and
WHfREAS, the city emp[oyees are being provided a 3.00% salary increase and City Cauncil has generafly supported
camparability in compensation adjustments.
NOW, THEREFORE BE !T
RESQLVED: That the Schaal Board af the City of Virginia Seach hereby requests City CounciE appropriate the $725,0(}0
abave the formula for FY 2414/15 to support a 3.00% pay raise for school empioyees; and be it
FINAIIY. RESOLVEQ: That a copy of this resoiution be spread acrass the official minutes of this Board, and the CEerk of
the Board is d'+rected to deiiver a copy of this resolution to the Mayor, each mQmber of the C'rty Councii, the City
Itrlanager and the City Clerk.
Adopted by the Sct?aal Board of the City of Virginia Seach this 17th day of lune 2034
S E A L
r ?
nief D. Edwards, Chairman
Attest:
P,
Dianne P. AJexander, Cterk of the Board
ARGINIA BEACH CITY PUBLIC SCHQOLS
A H E A D O F T H E C U R V E
Department of Budget and Finance
June 23, 2014
Mrs. Catheryn R. Wbitesell, Director
Department of Budget & Management Services
City of Virginia Beach
Building 1
Virginia Beach, VA 23456
Dear Catlieryn:
I am sending this letter in response to your request for the categorical breakdown of the $725,000
Supplemental Budget Resolution approved by the School Board on June 17, 2014. The follow'vng
reflects that breakdown.
• Instruction 82%
• Administration 3%
• Transportation 4%
• Operations 8%
• Technology 3%
Thank you for your assistance with this and, as always, please feel free to contact me if you
shouid have any questions or need clarification.
Sincexely,
? jq?
Farrell E. Hanzaker
cc: Daniel D. Edwards, Chairman
Aaron C. Spence, Ed.D., Superintendent
Sheila S. Magula, Ed.D., Deputy Superintendent
-49-
Item -V-J
PLANNING
l. CROWN CASTLE USA, INC
2. THE TERRY COMPANIES FIVE, LLC
3. MARYMEYER
ITEM #64009
4. VIRGINIA BEACHHORSEBACK/CHARLIE
AND ROSEMARY THOMPSON
5. FRANKLIN JOHNSTON GROUP MANAGEMENT
DEVELOPMENT, LLC/TRUSTEES OF FIRST
LYNNHA VEN BAPTIST CHURCH
NONCONFORMING STRUCTURE
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CHANGE OF ZONING
July 8, 2014
-50-
Item -V-J
PLANNING
ITEM #640I0
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION, BY CONSENT, Items l(DEFER TO 81512014), 2 and 3(DEFER TO 815120I4) of the
PLANNING AGENDA.
Yoting: 11-0
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., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
1llone
July 8, 2014
-51-
ItenZ -V-J.1
PLANNING
ITEM #64011
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, DEFERRED TO
AUGIIST 5, 2014, BY CONSENT, Application of CROWN CASTLE USA, INC. for a r•elocation of a
NonconforminQ Structure re a communication tower at Meadow Ridge Lane (deferred February 25,
March 11, April 8 and May 27, 2014) DISTRICT 7- PRINCESS ANNE
Voting: 11-0
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., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay.
None
Council Members Absent.•
None
July 8, 2014
-52-
Iteni -V-J.2
PLANNWG
ITEM #64012
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council,
APPROVED/CONDITIONED, BY CONSENT, Application of THE TERRY COMPANIES FIVE, LLC
for a Conditional Use Permit re multifamily -dwellings at Ocean Shore Avenue DISTRICT S-
LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of THE TERRY COMPANIES FIVE, LLC
for a Conditional Use Permit re multi.f'amily dwellings at Ocean Shore
Avenue (GPIN 1489799060) DISTRICT S- LYNNHAVEN
The following conditions shall be required:
All conditions attached to the Conditional Use Permit granted by the City
Council on December 7, 2004, are deleted and replaced with the conditions
listed below.
2. With the exception of any modifications required by any of these conditions or
as a result of Development Site Plan review, the property shall be developed
substantially in conformance with the exhibit entitled, "Conceptual Site
Layout & Landscape Plan of Point Chesapeake, Virginia Beach, Virginia, "
dated 03120114, prepared by MSA, P.C., which has been exhibited to the
Virginia Beach City Council and is on file in the Department of Planning.
When the buildings depicted on the exhibit referenced in Condition No. 2
above are constructed, the number of stories, exterior building materials and
the architectural design shall be in substantial conformance with the
elevations entitled, "Conceptual Architectural Renderings, Point Chesapeake,
The Terry Companies Five, L.L.C., " dated 0/16114, prepared by Cox, Kliewer
& Company, P. C., which have been exhibited to the Virginia Beach City
Council and are on file in the Department of Planning.
4. As proposed, evidence of a Conditional Letter of Map Revision or a Letter of
Map Amendment, as may be necessary to satisfy the applicable regulations of
the Federal EmeYgency Management Agency for this site, shall be submitted
to the Planning Director prior to final Site Plan review approval, so that no
structural fill is Yequired in a"VE" Floodplain Zone in order to construct the
structures.
5. Consistent with the concepts of the Shore Drive Corridor Plan, adopted by the
Virginia Beach City Council on March 28, 2000, the applicant shall provide
an easement, subject to approval by the City Attorney's Office, for the
construction of a public pedestrian/bike, ADA accessible pathway with a
minimum width of eight (8) feet, on the Point Chesapeake properry,
connecting to the City property adjacent to and under the bridge.
July 8, 2014
-53-
Item -V-J.2
PLANNING ITEM #64012(Continued)
6 A Landscape Plan shall be submitted during final Site Plan review to the
Development Ser-vices Center depicting informal, naturalistic placement and
maintenance of plant materials reflective of the native maritime forest species,
tolerant of salt spray and wind. Along with added streetscape landscaping
along the Ocean Shore Avenue cul-de-sac, additional plant material shall be
installed throughout the Site, beyond that depicted on the exhibit identified in
Condition No. 2 above. The final Site Plan shall not be approved until the
Landscape Plan is deemed satisfactory by the Planning Director.
7. An iconic, freestanding feature shall be installed on the property as a visual
ameniry at the Cherry Tree Place/Shore Drive intersection. Said feature shall
be depicted on the final Site Plan and submitted to the Planning Director for
review and ultimate approval authority.
8. The freestanding identification sign _for the condominium units shall be
located substantially at the location identified on the exhibit referenced in
Condition No. 2 above and limited to a monument style sign, no taller than
eight (8) feet, externally lit, constructed with materials and colors that
complement the exterior of the condominium buildings.
9. The freestanding identification sign for the apartment buildings shall be
limited to a monument style sign, no taller than eight (8) feet, externally lit,
constructed with materials and colors that complement the exterior of the
apartment buildings.
10. Other than a building mounted sign over the vehicular or pedestrian entrance
to the apartment buildings, no building identification signage shall be
permitted.
11. No freestanding identification sign shall be permitted along Shore Drive or
Cherry Tree Place.
12. Ground floor and second floor parking spaces shall be screened from view
from all rights-of-way by the installation of a solid wall, minimum height of
four feet, at the base of the structure or within the brick columns of the
building or by other means acceptable to the Planning Director.
13. Ti^ash compactors and dumpsters shall be screened from view from the rights-
of-way, consistent with the Virginia Beach Landscaping Guide, with building
materials and colors compatible with the buildings ' facades.
14. The following shall not be located between the public rights-of-way and the
buildings ' faj?ades unless screened by a method approved by the Planning
Director: heating and ventilation equipment, geneYators, any other
mechanical equipment; and trash receptacles and compactors.
15. All easements, utility easements or othenvise, shall be identified on the final
Site Plan.
16 Roof-mounted equipment shall be screened from view of all public rights-of-
way and from any public open space.
July 8, 2014
-54-
Itena -V-J.2
PLANNING
ITEM #64012(Continued)
This Ordinance shall be effective in accordance with Section 107(? of the Zoning Ordinance.
Adopted by the Ciry Council of the City of Virginia Beach, Virginia, on the Eighth day of July, Two
Thousand Fourteen
Voting: 11-0
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., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
July 8, 2014
-55-
Item -V-J.3
PLANNING
ITEM #64013
Upon motion by Vice MayoY Jones, seconded by Councilman Dyer, City Council, DEFERRED TO
AUGLIST 5, 2014, BY CONSENT, Application of MARY MEYER for a Conditional Use Permit re
home-based wildlife rehabilitation at 547 Susan Constant Drive DISTRICT S- LYNNHAVEN
Yoting: 11-0
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., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
July 8, 2014
-56-
Item -V-J.4
PLANNING
ITEM #64014
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council, DENIED,
Application of VIRGINIA BEACH HORSEBACK/CHARLIE and ROSEMARY THOMPSON for a
Conditional Use Permit re horses for hire at 1117 Horn Point Road DISTRICT 7- PRINCESS ANNE
Voting: 11-0
Council Members Yoting 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., John E. Uhrin, Rosemaiy
Wilson and James L. Wood
Council Members Yoting Nay:
None
Council Members Absent.•
None
July 8, 2014
-57-
Iteni -V-J.S
PLANNING ITEM #6401 S
The following individual registered to speak:
R.J. Nutter, Attorney for Applicant,
Upon motion by Council Lady Henley, seconded by Councilman Martin, City Council, APPROVED AS
PROFFERED, Application of FRANKLIN JOHNSTON GROUP MANAGEMENT DEVELOPMENT,
LLC/TRUSTEES OF FIRST LYNNHA VEN BAPTIST CHURCH for a ChanQe ofZoningfrom AG-1
Agricultural to Conditional A-18 Apartment re multi family dwellings at 2673 Princess Anne Road
DISTRICT 7 - PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of FRANKLIN JOHNSTON GROUP
MANAGEMENT DEVELOPMENT, LLC /TRUSTEES OF FIRST
LYNNHAVEN BAPTIST CHURCH for a ChanQe oLZoninQ from AG-
1 Agricultural to Conditional A-18 Apartment re multi family dwellings
at 2673 Princess Anne Road (GPIN 1494535782) DISTRICT 7-
PRINCESS ANNE
The following condition shall be required:
An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court
This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighth day of July, Two
Thousand FouYteen
July 8, 2014
-58-
Item -V-J.S
PLANNING
ITEM #64015(Continued)
Voting: 11-D
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., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
July 8, 2014
-59-
ITEM V-K
APPOINTMENTS ITEM #64016
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
STEPHEN McNULTY
Four year term 0910112014 - 0813112018
DEVELOPMENT A UTHORITY
Tloting.• 10-0
Coiincil Members Poting Aye:
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-
Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
None
Council Members Abstaining:
Mayor William D. Sessoms, Jr.
July 8, 2014
-60-
ITEM V-K
APPOINTMENTS ITEM #64017
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
NILS BAHRINGER
Five year term 1010112014 - 0913012019
WETLANDS BOARD
Voting:, 11-0
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, JY., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
July 8, 2014
-61-
Itenz -V-N
ADJOURNMENT
ITEM #64018
Mayor William D. Sessoms, Jr., DECLARED the City Council MeetingADJOURNED at 6:19 P.M.
4.1 k-&,
Amanda Finley-Barnes, CMC'j
ChiefDeputy City Clerk
?(
th Hodges Fraser, MMC
City Clerk
Ciry of Virginia Beach
ViYginia
William D. Sessoms, Jr.
Mayor
July 8, 2014