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HomeMy WebLinkAboutNOVEMBER 18, 2014 MINUTESCITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne District 7 SHANNON DS KANE, Rose Hall - District 3 BRAD MARTIN, P.E., At Large JOHN D. MOSS, At Large AMELIA ROSS-HAMMOND, Ke,npsville - District 2 JOHN E. UHRIN, Beach District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lvnnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY- MARK D. STILES CITY ASSESSOR -- JERALD D. BANAGAN CITY AUDITOR- LYNDONS. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 18 NOVEMBER 2014 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com MAYOR WILLIAM D. SESSOMS, JR. PRESIDING INFORMATIONAL SESSION A. APARTMENT DEVELOPMENT Jack Whitney, Director — Planning - Conference Room - II. CITY COUNCIL and SCHOOL BOARD JOINT SESSION — Building 19 - IV. V. VI. A. FIVE YEAR FORECAST Catheryn Whitesell, Director — Management Services Farrell Hanzaker, Chief Financial Officer - Schools CITY MANAGER'S BRIEFINGS - Conference Room - A. TOTAL MAXIMUM DAILY LOAD (TMDL) INCENTIVE PACKAGE Clay Bernick, Environment and Sustainability Administrator Wayne McCoy and June McDaniels, Co -Chairs — Green Ribbon Committee B. COLLIER BUILDING RENOVATION David L. Hansen — Deputy City Manager CITY COUNCIL LIAISON REPORTS CITY COUNCIL COMMENTS CITY COUNCIL AGENDA REVIEW VII. INFORMAL SESSION - Conference Room - A. B. C. CALL TO ORDER — Mayor William D. Sessoms, Jr. ROLL CALL COUNCIL RECESS TO CLOSED SESSION 2:00 PM 3:00 PM 4:00 PM 4:45 PM VIII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Terron M. Rogers Pastor Ebenezer Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 21, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. Proposed Exemptions from Local Property Tax a. Stop Cleft — International Alliance b. Transitions Community Development Corporation c. USA National Karate -Do Federation of Virginia d. World Affairs Council of Greater Hampton Roads 2. Franchise of City Property Atlantic Avenue — Valet Station and Queuing Area 3. Excess City -Owned Property Pine Top Drive in Brunswick County, Virginia 4. Grant of Easement Over City -Owned Property Lake Gaston Pump Station, Brunswick County, Virginia I. ORDINANCES/RESOLUTIONS 1. Ordnances to DESIGNATE exemptions from local property taxation: a. Stop -Cleft - International Alliance b. Transitions Community Development Corporation c. USA National Karate -Do Federation of Virginia, Inc. d. World Affairs Council of Greater Hampton Roads 2. Ordinance to DECLARE City -owned property as EXCESS and AUTHORIZE the City Manager to CONVEY same to the Virginia Department of Transportation (VDOT) at the Lake Gaston pipeline easement crossing Pine Top Drive in Brunswick County, Virginia 3. Ordinances and Resolution to AUTHORIZE: a. Granting of an easement over City -owned property located in Brunswick County, Virginia to Virginia Electric and Power Company (VEPCO) b. City Manager to EXECUTE a Cost Sharing Agreement and related activities with the Army Corps of Engineers re a Study to ESTABLISH a framework for assessing the sediment and nutrient reduction benefits from dredging c. Acquisition of 3.94 + acres at 1025 Eaglewood Drive from LMW Properties, LLC d. Acquisition of 0.85 + acre parcel at 3380 Head River Road e. City Manager to EXECUTE an Operating Agreement with Lynnhaven River Now re the Lynnhaven Aquaculture Center on Broad Bay Road 4. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property: a. David L. and Helen M. Bernd re modifying and maintaining an existing wall, paver parking court and driveway, sewer clean-out and walkway at 8010 Ocean Front Avenue LYLNNHAVEN - DISTRICT 5 b. Chartway Federal Credit Union re constructing, operating and maintaining a lake fountain, stone dust path and gazebo at 5700 Cleveland Street and Interstate 264 KEMPSVILLE - DISTRICT 2 5. Ordinance to ESTABLISH Tidewater Medical Transport, LLC re an annual Emergency Medical Service (EMS) permit for private ambulance services 6. Ordinance to EXTEND the City's date for satisfying the conditions re closing Lake Avenue, Oak Street and portions of Locust Crescent and Ellis Avenue 7. Ordinances to ACCEPT and APPROPRIATE: a. $121,707 from the Veterans Administration Supportive Housing Program to the Department of Housing and Neighborhood Preservation re housing vouchers to Homeless Veterans b. $26,569 to Department of Housing and Neighborhood Preservation re the Federal Home Program regulations c. $1,000 donation from the Walmart Foundation to the Fire Department re purchasing supplies and equipment needed by the Community Emergency Response Team (CERT) Program 8. Ordinance to AUTHORIZE the TRANSFER of underlying fee interest of a portion of Northampton Boulevard to the City of Norfolk re weir maintenance J. PLANNING 1. Application of GALLEON INVESTORS XII, LLC for the enlargement of a Non -Conforming Use at 231 68th Street LYNNHAVEN - DISTRICT 5 RECOMMENDATION APPROVAL 2. Applications of BURNETTE CAPITAL INVESTMENTS, LLC and REED ENTERPRISES, INC. at South Plaza Trail and Princess Anne Road: a. Modification of Proffers of the Conditional Zoning Agreement (approved March 27, 2012) b. Conditional Use Permit (self -storage facility) ROSE HALL - DISTRICT 3 RECOMMENDATION APPROVAL 3. Applications of EVERGREEN VIRGINIA, LLC (approved October 24, 2006) at 5301 Virginia Beach Boulevard: a. Modification of Proffers of the Conditional Zoning Agreement b. Modification of Conditions of a Conditional Use Permit (motor vehicle sales and service) KEMPSVILLE - DISTRICT 2 RECOMMENDATION APPROVAL 4. Application of ARACELI T. MARCIAL and BYLER ENTERPRISES for a Conditional Use Permit (Vocational School — Training Center for Nurse Aides) at 5441 Virginia Beach Boulevard KEMPSVILLE. — DISTRICT 2 RECOMMENDATION APPROVAL 5. Application of KINGDOM INVESTING OUTREACH CENTER and A.V. ASSOCIATES, LLLP for a Conditional Use Permit (religious use) at 4525 East Honeygrove Road BAYSIDE — DISTRICT 4 RECOMMENDATION APPROVAL 6. Application of FIVE MILE STRETCH ASSOCIATES, LLC for a Conditional Change of Zoning from AG -1 and AG -2 Agricultural to Conditional PD -H2 Planned Unit Development District [R-10 Residential] re dwellings at 2800 to 2900 Princess Anne Road . (Deferred June 17, 2014) PRINCESS ANNE - DISTRICT 7 RECOMMENDATION APPROVAL 7. Application of THE STUDIO HAMPTON ROADS, LLC and NORTH LANDING INVESTMENTS, LLC for a Conditional Change of Zoning from 0-1 Office [HCD Overlay] to Conditional B-1 Neighborhood Business [HCD Overlay] re a Photography Studio at 2513 North Landing PRINCESS ANNE — DISTRICT 7 RECOMMENDATION APPROVAL 8. Ordinances to AMEND the City Zoning Ordinance (CZO) a. Section 1127 re open space, public sites and recreation areas within the PD -H2 Planned Development District b. Section 2106(d)(1) re Modifications to Workforce Housing units RECOMMENDATION APPROVAL K. APPOINTMENTS BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY and MANAGEMENT TEAM COMMUNITY SERVICES BOARD HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORIC PRESERVATION COMMISSION PARKS and RECREATION PLANNING COMMISSION RESORT ADVISORY COMMISSION L UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT I ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* ***************************** PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers CITY COUNCIL COMMUNITY CONVERSATION CONVENTION CENTER MEETING ROOMS 2nd FLOOR 6:30 — 8:00 PM MONDAY, NOVEMBER 24, 2014 CITY COUNCIL WINTER RETREAT Economic Development Conference Room Town Center Suite 700, 4525 Main Street February 5-6, 2015 8:30 AM to 5:OOPM CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZEN DIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS — 4:00-6:00 PM 11/18/14 gw 2014 CITY HOLIDAYS Thanksgiving Day and Day after Thanksgiving — .Thursday, November 27 and Friday, November 28 Christmas Eve (huifLdaj) - Wednesday, December 24 Christmas Day - Thursday, December 25 -1- r, A BFq'Zy ": rcc VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 18, 2014 Mayor William D. Sessoms, Jr., called to order City Council's Informational Session, in the City Council Conference Room, Tuesday, November 18, 2014, at 2:00 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, James L. Wood and Rosemary Wilson Council Members Absent: None November 18, 2014 -2- MAYOR SESSOMS' STATEMENT Mayor Sessoms made the following statement: "I'd like to call the meeting to order and thank everyone for their attendance. It's been a while since we 've been together, and it's good to have everyone back." "Before we begin the meeting, I would like to just make a statement, if I may. I just want to take a minute to let you know face to face how seriously I take the recent allegations against me. The process of going through each individual vote has begun, but I need time to respond factually." "In the meantime, please, know I would never do anything to intentionally harm or embarrass the City of Virginia Beach or TowneBank. I have been a consistent protector of both and have always had the best interests of both at heart." We cannot let this issue stand in the way of taking care of important City business. We owe that to our citizens. And I appreciate your understanding, and I will get along with the agenda now, if that's ok. Thank you." November 18, 2014 -3 - INFORMATIONAL SESSION APARTMENT DEVELOPMENT ITEM #64279 2:00 P.M. Mayor Sessoms welcomed Jack Whitney, Director — Planning. Mr. Whitney expressed his appreciation to City Council and advised this Briefing is at the request of City Council. Mr. Whitney introduced Drew White of Apartment Reality Advisory (ARA) Real Estate Investment Services. Mr. White presented the attached Briefing which is made a part of this record. The Briefing provides historical data and comparisons on the City to other similar markets. It is evident the City leads the area in effective rent. November 18, 2014 CC la II LE 1 U IL:_11 " \ '1411111111 _ \ILI! , 1111111 A 7-k MU WIWI VIM --- 1111111111111111111111111111 [ in the nation that focuses exclusively on the £ 9 o _ , u • / $ / (-) 0 C • jcu / C14 \ 0 0 0 E — § m _ c 2� m u % ct 0 § 2 � 0 0 cc::coo� ± � Ct 0 CD / m 0 • _2 • \_ 0 m *_ II � H III CA 44 CI Cii) IS CI O *cli 5 ct: 2.32% Growth 5.87% Growth O O 0 C tioile11 I(10(1 OBJECTIVE #1 z c)? 0 x z a At 2.57% Projected Growth 00 O 0 L 0 03 33 00 m 0 0 00 33 00 V O ul 03 O ▪ 00 00 m O 0 m LID N O N m N m � m o 0 00 00 c • N O O • 00 ✓ N 00 00 N ri ti 0 0 • 00 N • O O en • ni O C h N O ✓t Cr; O m m tD N O O CO 01 0 O 1 40 CO 00 0 0 00 o d �c '0 00 00 4c c C C <7 3 2.32% Growth -r r+) c 0 0 0 0 0 00 dJ r c O 0 G 0 0 G G 00 co co 3 CO '10111 (10,1 OBJECTIVE #1 5.84% Projected Growth 00 mai I I I I I I I I I II 111 1110101 N r-4 r -I , 01 .71" 0 IN lii Lli GI 1-", 00 • CV 0 01 r -V 01 N keit- 0 0 0 N11 0 c 0 0 0 m , C, • CiD , OBJECTIVE #2 OBJECTIVE #3 MULTIFAMILY INVENTORY BY AGE 3. c U tonJ `.r OBJECTIVE #4 OBJECTIVE #5 0 Ern z C_ (-5 OBJECTIVE #5 INVENTORY AGE BY CITY r 01 r G1 - N G 0 0 0 0 G 0 O G 0 0 G 0 G 0 G 0 0 C 0 G C? 0 '0 O 7 q N M 1 .f1 J as m ■ OBJECTIVE #6 69 69 ,0 7 n.69 :J h en N r v V c; 0 C 0 c 0 0 c C c, m 0- 0 0 3 OBJECTIVE #6 0 I Hampton Roads OBJECTIVE #7 OBJECTIVE #7 ci w E--4 P4 w w C.) P4a H z w P4 *Per Unit Prices are based on Sales from 2010-2014 OBJECTIVE #8 o c c 0 m ry ry � l r9 r: rt ri - c r r rl ri OBJECTIVE #9 z EZi 0 ;la 4tt :14 w 4tt 0 O G C C p O 0 C C 00 Cr) ,L.V 1` Y C rl rl r r • .1- rr' C r 7 — C n 1` C rl rl r C rJ " OBJECTIVE #9 0 M 0 O 0 N f Roads Class EVC OBJECTIVE #10 0:1 U z Ca) 4tta Fz wa 4tt Att a' W ,tt z 0 P6. At 0 t(1 O 0 0 o Ln o v cc r N o 0 ui ert rn c m O ti 0 0 0 0 0 0 0 0 o m m 0 0 V Q 0 0 0 0 0 0 0 0 a s a a 0 0 0 0 0 0 0 0 0 M m h m a vi Ln ,n In Ca 0 o a a'ra' 0 0 0 0 0 0 n r 0 v 4 o 0 0 ✓i 010100 0L a a, Ye rs in Age 0 OBJECTIVE #10 i MF vs HH GROWTH SINCE 2000 in HAMPTON ROADS Households o o 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 d o 0 o d o 00 00 in 00 0o 0n io vi 1n 00 • 9, 0 o0r OBJECTIVE #11 VARIABLES WEIGHING ON APARTMENT PROPOSALS Pent up demand for quality housing Growing population of available renters A A Profitability of projects A OBJECTIVE #12 Inventory Vacancy Avg SF Avg Rent Rent/SF , Norfolk 13,358 7.00% 896 $972 $1.085 C'hesapeake 10,964 5.00% 985 $1,082 $1.098 [ \ 'a. Beach -Central 10,853 4.90% 981 $1,082 $1.104 N pt. N e \\. s -N orth 8,540 4.70% 949 $879 $0.926 Npl.NeN‘ s -Central 8,153 6.30% 952 $896 $0.942 II a mpton- \\est 7,982 6.10% 959 $980 $1.022 (.0 t -- CD 1. - ea co •.:1- rtsmouth 7.040 4.90% 884 $871 $0.985 \V 'Ilia msburg 3,742 2.40% 969 $969 $1.000 N pt. News -South 3,627 18.30% 788 $748 $0.949 I lampton-East 2,608 4.30% 1,003 S889 $0.886 York 2,058 5.40% 1.032 $983 $0.952 Suffolk 1.000 14.20% 925 $1,009 $1.091 Totals/Averages 93,514 5.90% 943 $971 $1.029 G E/) 0) CD 0) 0 CO 4 C \I CO 7: ri- ..., '11 cn 1 > L___, OBJECTIVE #12 CONCLUSIONS Hampton Roads has an older average product stock relative to other Southeastern Cities (Slide 11) 0 a) O O 'C3 a) 0 U ct .r, a) ct a) a) cip 0 U 0 Smqa) 0 a) ao U � � U U � N `n C1 0 ct – U b • a) 0 -C o .-0O elA ,OO 0 ct 0 -0 >' O cn c�CD CD rti 0 0 • CA • Q 0 a) a) E 0 0 b o 3 1) a) 0 O -0 0 45 czt .-0 0 cA .CS U •i 0 Q) cd ni O cA s--1 U o = 0 O~ � ct U 0 c a) 0 i•., C cA ct 0 0 U o c� M 4� — to a 0" N 0 .-. N r — O 0 U N U t-•, .0 o U a) O H CN H O N Virginia Beach leads the region in occupancy and effective rents (Slide 25) Richmond, VA 23226 W v U p LL LL a) V _O csj O N O Q N N N Z O > lf) Lf) T 703.575.2157 T 703.575.2157 F 703.575.2161 F 703.575.2161 O cu O O Cl.) J 1— r 2 O O F- LJ_ = Cry cC CO Q V CO LI I C.1 11111 1 Z1 -4- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 18, 2014 Mayor William D. Sessoms, Jr., called to order the JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING, in Building 19, Tuesday, November 18, 2014, at 3:00 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 School Board Members Present: Beverly M. Anderson, Vice Chairman William J. Brunke, IV, Emma L. "Em" Davis, Chairman Daniel D. Edwards, Dorothy M. Holtz, Joel A. McDonald, Bobby Melatti, Sam Reid, Elizabeth E. Taylor, Leonard C. Tengco AND Carolyn D. Weems School Board Members Absent: None November 18, 2014 -5 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM #64280 3:00 P.M. Mayor Sessoms welcomed Catheryn Whitesell, Director — Management Services and Farrell Hanzaker, Chief Financial Officer — Schools. Mr. Hanzaker expressed his appreciation to City Council and School Board Members for their continued support and advised he would be discussing the Economy portion of the Briefing: Five Year Forecast City of Virginia Beach Virginia Beach City Public Schools November 18, 2014 Below is the Agenda for today's Briefing; however, City Council and School Board Members were previously provided a 70+ page document providing more detail information: �Es omy «• Revenues «Expenditures «•Projects Under Considertion :Final Though November 18, 2014 -6 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM #64280 (Continued) Mr. Hanzaker advised the Forecast this year is different as it will only focus on the City's General Fund and the School's Operating Fund. The goal is to highlight specific sustainability concerns by focusing on the General Fund and the School Operating Fund.• FY Adopt By Fund Type Internal Service Fund, $198,378,330 COI November 18, 2014 -7 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM #64280 (Continued) The U.S. Labor Participation Rate is the working adults in either in the labor market or looking for work. Labor participation peaked back in 1999 and since that time, there has been a general decline in the Rate as "Baby Boomers" retire. According to the Economists at a recent Regional Forum, the other overarching trend of the Rate of Household Formation has slowed. A recent Census Bureau survey showed the United States added just 476,000 households in the twelve (12) months ending March 2014. The previous two (2) periods averaged 1.3 -Million household formations each year. Housing, which is the City's single largest revenue, may be impacted if this trend continues: US ce ...art'_ n.Rat 70 68 66 64 G L 62 g 60 Q 58 56 ti n 54 52 50 00 N a r- 0 m rD Q1 N :.n 00 .-4 v h o 00 tD 0, 40 01 00 CT 01 01 to tp lD U7 iP h h h 0a CO CO 01 01 0101 0 0 0 •-4 'i -i N 04 N 01 01 01 al CI O, m 01 at 0, ti 61 04 01 04 m 0 0 0 O 0 O O Calendar Year Source: U.S. Bureau of Labor The Graph below is the "quarter -to -quarter" change in the Nation's Gross Domestic Product (GDP). The GDP measures the economic activity of a nation or region. The graph clearly illustrates the recent recession and the country's slow recovery. The last six bars are the Congressional Budget Office's projection of annual GDP growth for the next five (5) years. They expect 2014 to end at 1.5% growth for the year, with the next several years to grow an average of 3.5% range before growing more slowly in the last several years. The good news is it's expected to improve each of the years: rosy este 4.6 kik u ..1111111I 11• 5.2_ QUAD: EP Source: U.S. Bureau of Economic Analysis (Projection -Congressional Budget Office) z November 18, 2014 -8- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM #64280 (Continued) The Consumer Price Index (CPI) is projected by the Congressional Budget Office to remain below 2.5% over the next five(5) years as indicated by the dashed line in the graph below. Gas prices, which have decreased recently, are keeping the CPI in the current year below 2% and may bode well for consumer spending. Of special note to Virginian's, the failure to pass the Federal Market Place Fairness Act will result in an increase in the Statewide Gas Tax to support the General Assembly's Transportation Plan; specifically, Gas Tax will increase 45% Statewide. Hampton Roads will see an increase from 5.6% to 7.6% per wholesale gallon: Nation surerP c 5.0% 3.0% 2.0% 1.0% 5.48. 3.406 2.3% 2.4%'. .;4".....4::1 2%% -1.5 2000 2001 2302 '033 2004 2005 2006 2007 2008 2009 2010 2011 2072 2013 2014 2015 201 `The projected rates are annualized Source: U.S. Bureau of Economic Analysis (Projection - Congressional Budget Office} 2020 Consumer confidence continues to improve finally hovering around 90 on the Consumer Confidence Index which indicates a stable economy and perhaps bodes well for holiday shopping: Consumer r 130.0 120.0 10.0 100.0 90.0 80.0 0.0 60.0 50.0 3:2.0 10.0 0.0 Sd Source: The Conference Board November 18, 2014 -9 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM #64280 (Continued) The graph below illustrates Military spending in the Region has seen steady increases and cushioned the Region through the Recession. Beginning in 2012, the amount of military spending, both direct and contractual, leveled off as DOD spending was cut as a part of Federal Budget reductions. Further reductions are possible due to a second round of Sequestration cuts in 2016: ied ense p n Roaas 25 10 13.65'. 10.19 17.32 19.589 19.537 200+ 001 200 00. 2004 c005 006 200- 000 L009 2010 2011 2012 2013 2014 Source: Old Dominion University's State of the Region Report The graph below measures Virginia Beach residents' employment, regardless of where they work. Current employment is slightly below its 2008 peak. The unemployment rate has remained below the national average of 5.5%, though both the State and City have increased slightly in recent months. Even though employment is improving, the total number of civilian jobs in the region is 27,000 less than before the recession and is cause for concern: 228.0 224.0 220.0 210.0 122.0 08.0 200.0 196.0 180.0 181.0 1820 Source: U.S. Bureau of Labor and Statistics November 18, 2014 -10 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM #64280 (Continued) The graph below shows high wage jobs in the City are declining, while lower wage jobs are increasing by looking at the 10 year employment change in industry categories with more than 100 employees. From 2004 to 2013, the City has experienced decline in those employed in two of the three categories with the highest wages. Similarly, all of the three sectors with the lowest wages experienced growth over the same 10 year period. While employment is important throughout all sectors in terms of having a more diverse economy, it is import to focus on growing higher wage sectors to generate a higher standard of living for all residents. lei Levy age Se E ploy t 10 Year Change in Employment in Virginia Beach Three Sectors with Highest Average Weekly Wage -4.5% M �. -10.5% Professional Scientific, and I eci-iniccil Services Finance and Insurance Three Senors with Lowest Average Wee4ly Wage Other ' nes ie sept Public Art nr istrCt.ort; Ads, Entertainment. and Reaeration Accomr-odatinvi and rood iiFsrsiiicies Source: Virginia Employment ommission 4.2% i '0.0%'. -15.0% 0.0% 10. -lin % 2E1.0% // The graph below provides the private sector weekly wages (excludes all government workers). The average weekly wages for workers in Virginia Beach and the State exceeds the prerecession levels and wages are expected to continue to increase although at roughly the rate of inflation: Private Sect 3 $1.000 51110;, $530 $400 1,200 510 2005 Source: U.S. Bureau of Labor and Statistics 2007 2009 tOtare ,. `: irgitSiCS Fe ssh .. 2710 2011 2012 2013 November 18, 2014 -11 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM #64280 (Continued) Annual Disposable Income, defined as "household income" after income taxes, has seen yearly increases, except in 2009, during the worst of the Recession. The most recent data available is for 2013 and .shows just under a 1% increase in disposable personal income for Virginia and 1.56%growth for the U.S.: Arm iricorne Persona 9.0% 8.0% 7.0% 6.0% 5.0% 4.0% 3.0% 2.0% 1.0% 0.0% -1.0% -2.0% 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Fiscal Year 7United States Source: U.S. Bureau of Economic Analysis & the International Monetary Fund ..- Virginia Financial experts do not recommend one's spending over 30% of income on housing costs; however, Renters in the City spend over 53% of their income per month. This percentage includes direct rent plus utility costs. Homeowners, on the other hand, spend just over 41 % of income on housing costs. Of importance, the average monthly rent for a two bedroom apartment in the City is $1,107 and would take an annual income of just over $44,000, or an hourly wage of $21.15, for rent to be under 30%: Residents Spending f income on cig 47.0;1 52.132 47.S 36.4, 47.5% .5.3% 88.3"5 20..5 2.. 7 2305 Source, U.S. Census Bureau, American Community Survey 41.051 ❑Home Owner t3Renters 53.9"i 2' 11 50.2% _9.0`.( 202 41,2"S 53.1B November 18, 2014 -12 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM #64280 (Continued) Citizens relying on Food Stamps or the Supplemental Nutrition Assistance Program (SNAP) dramatically increased during the Recession. This growth is attributable to changes made in eligibility to address the impacts of the Recession. This expansion began in early 2009 and continued through Fall of 2013; however, from October 2013 through September 2014 there has been a slight decrease in the numbers participating in the program: Residen iv ng Suppleni Assistance Proggam Beriefits 35:000 30:000 25.000 _0.000 15.000 10.000 11.402 5.000 0 2 ' O, 14.322.„3.- Source: Virginia Department of Social Services Mr. Hanzaker turned the presentation over to Ms. Whitesell: November 18, 2014 -13- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM #64280 (Continued) Ms. Whitesell advised Real Estate is the City's single largest tax source and during the Recession, the City saw a decrease in the value of both commercial and residential properties. For the first time since the Recession both residential and commercial properties saw an increase in value in 2015. This growth is expected to continue over the Forecast period. Growth needs to be approximately 4% to offset any deficit: ge s sse °eat viue type Source: Virginia Beach Real Estate Assessor's Office Based on the Real Estate Assessments increase of 2.5% growth each year, the Revenue in the General Fund should increase from $443 -Million to just over $501 -Million by 2020, assuming no adjustment in the Tax Rate. The current tax rate is $0.93 per $100 of value and is down from the pre -housing bubble rate of $1.22 per $100 of valuation 5520 5500 5400 5460 $440 Each IC change in the rate = 54.85 million $435 $441 5420 $421 5400 2011 2012 2013 2014 2015 2016 2017 2015 2019 2020 50.89 50.89 50.95 $0,93 i:ir=lYear —Budget —Actual Projection November 18, 2014 -14- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM #64280 (Continued) Personal Property Tax is the second largest tax revenue and most difficult to predict. We knew we had a problem in the projection for Personal Property and would miss the Budget estimate in FY14 by nearly $10 -Million. As such, FY15 's estimate includes a rate change for vehicles by $0.30 beginning in January. The growth from FY15 to FY16 is almost exclusively due to the annualization of this rate increase. Of the projected $6 -Million increase, $4 -Million is in the additional six months of the rate increase: . r Tax Reon P v 5100 5150 $140 5120 5110 5100 fort) 100 increase in the 'ate - 53.4 rati6an 2011 2012 2013 2014 2015 2010 2017 2010 2010 2020 $3.70 54.00 Fiscal Yee! —Budget —Actual Projection Business Professional and Occupancy License (BPOL) is based on Business' gross receipts. The jump in the FY15 's Budget estimate is due to record sales numbers from "big box" retailers and car dealers. This Revenue is based on four (4) months of collection and may not be on tract to make this estimate, by an estimated $2 -Million. This could be due to reduced spending by the Federal Government and its contractors, a slight decline in the number of new business licenses being issued or less discretionary spending by consumers. Remember this Revenue is based on estimated gross sales by businesses. The revenue beyond FY15 is expected to grow by 2.3% annually over the next five (5) years. It is important to note the jump from FY14 to FY15 was 11% or $4.9 -Million: Business ProfessicIria (BPOL) Revenue 'license 0 $60 $55 $50 $45 $40 $35 $30 ifiC12 thelitfafion of the City 00007ik ex4)0510)0 €' 05 855.11111. taxes for the first 2 yearo or a 0801 business. 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Fiscal Year —Budget —Actual Projection November 18, 2014 -15- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM #64280 (Continued) Virginia Telecommunications Tax Revenue is the 5% tax collected on all land lines, cell phones and cable franchises. In FY07 the State eliminated local rates and set the statewide 5% rate. This Revenue has declined ever since. The projected decrease from FY15 to FY16 is based on a $2.2 -Million decrease or 3.3% drop based on historical averages: $28.0 $24.0 $20.0 o $16.0 $12.0 $8.0 $4.0 $- 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Fiscal Year —Budget —Actual - Projection Like the State, the City assumed a "revenue bump" in FY14 and FY15 General Sales Tax Revenue due to being able to collect sales tax on Amazon sales from the new distribution center in Virginia. The State estimated it would collect an additional $24 -Million and the City's share would be roughly 5.5% or $1.3 - Million in additional revenue. Unfortunately, neither the State nor the City are seeing this increase as consumers have figured out a "work around" to have shipments made from retailers outside of the State making the purchases ineligible for sales tax. For FY 2016, we are assuming no growth in this tax, but an increase of 3% thereafter based on historical trend:. General $80 This Currently $70 Virginia :;east $60 $50 $40 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Fiscal Year —Budget —Actual Projection November 18, 2014 -16 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM #64280 (Continued) Like the City's General Sales, this tax is collected based, on 1% of sales in the City, it is then remitted to the Department of Education and ran through a statewide formula before being remitted back to the School System. As the graph indicates, actual -to -budget can vary. An increase of $2.5 -Million in FY16 is anticipated, based on the Biennial Budget adopted by the State last June. However, with the recent State Budget crisis, it is possible this number will be adjusted downward. Modest growth of roughly half a percent is projected after that point: 5880 778 1076 x.,4 675 766 $2 2011 2012 2013 2014 2011 2016 20 2_013 2018 _2020 Fiscal Year —Budget--Actua. - Projected The graph below represents the General Fund's portion of Hotel Tax Revenue. The majority of the $25 - Million collected is dedicated to the Tourism Investment Program (TIP) Fund to support projects and programs that serve the Resort Area. This Revenue, in total, is projected to increase by 5% over the Forecast year. Revenue per room night is up 4.9%from last year and is projected to remain strong: $8.0 $6.0 c 0 $4.0 $2.0 $0.0 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Fiscal Year —Budget —Actual Projection November 18, 2014 -17 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM #64280 (Continued) Like Hotel Taxes the graph below represents the portion of the total $60 -Million Revenue retained by the General Fund. This Revenue Stream is dedicated to several programs outside of the General Fund, such as the Tourism Investment Program (TIP), Open Space and the Tourism Advertising Program (TAP): Resta ax Rever. $50.0 $45.0 $40.0 $35.0 co $30.0 $25.0 $20.0 $15.0 $10.0 $5.0 $0.0 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Fiscal Year —Budget —Actual Projection State Revenue in both FY13 and FY14 missed Budget estimates mainly due to lower spending in several State supported programs resulting in lower reimbursements from the State. We already know in FY15 the State, to address its own revenue shortfall, has lowered its revenue aid to localities by $30 -Million, equating to roughly a loss of $1.5 -Million. This Revenue is not tied to a specific program or service and we are not recommending any adjustment downward at this time; however, we are monitoring the overall Revenues carefully, especially as we are seeing sluggish growth in several of the other Revenue Streams. We expect this cut to carry into the second year of the Biennium, so the Revenue estimate has been adjusted downward. After that point, we are projecting State Revenue to grow over the Revenue period: 0 $105 $100 $95 $90 $85 $80 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Fiscal Year —Budget —Actual Projected November 18, 2014 -18- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM #64280 (Continued) Unlike the City, the School System was held harmless in FY15 K-12 reductions in State Revenue; however, there are no guarantees when the General Assembly meets in February. State Revenue to support Education has been increasing since the Recession but has not reached its pre -recession peak of $350 -Million. Just as a reminder, $0.04 or $20 -Million of Real Estate Tax was provided by City Council outside of the Schools Formula to help offset the loss of State Revenues and will remain in place until the State Revenues exceeds the $350 -Million mark. The increase from FY15 to FY16 is $1.3 -Million or the same amount the City is loosing each of those years: St e Revenue School Operating Fund E 0 $260 $255 $250 $245 $240 $235 $230 $225 $220 $215 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 —Budget —Actual = Projected Federal Revenue for the City is projected to remain flat, though there is a great deal of uncertainty given that we face a second round of Sequestration cuts in FY16 plus reductions to Human Services and Housing Department: Federa city 0 $25.0 $20.0 $15.0 $10.0 $5.0 $- 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Fiscal Year —.Budget —Actual - Projected November 18, 2014 -19 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM #64280 (Continued) The School 's Federal Revenues are projected to decrease by $4 -Million in FY 16 as the Federal Department of Education is not allocating sufficient funds to impact aid and maintain current funding: Sch I Opraing Fuad $25.0 820.0 $15.0 2 5100 $5.0 _... $00 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Fiscal Year Budget Actual -. Projected Fund Balance became the City's "saving grace" during the Recession. City Council used Fund Balance in FY12/13 to avoid making dramatic reductions in both City and School programs. Normally, the City allocates Fund Balance to the CIP based one-time needs. In FY14, the City began to increase use in the CIP; however we are recommending taking fund balance away from the CIP in FY16/17to provide funding for the limited impact from the loss of Contract and Capped Tipping Fee Rates with the Southeastern Public Service Authority (SPSA). We are recommending this strategy rather than raising rates to cover the increase of the Tipping Fee from the current $56 per ton to current non -capped rate of $125 per ton. This loss of capped rate in January 2016 will mean an increase of $4 -Million in FY16 and $8 -Million the following year. In addition, the Contract with SPSA for a refund of the cost of operating the landfill as a Regional Landfill will stop. This loss of reimbursement adds $2.3 -Million to these other cost increases. After FY17, we expect a new contract and more reasonable rates to be in place as the market levels out over time: Ci y Use ot Gem: Fund Bei 2010-11 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 6,236,739 9,887,917 0 0 9,200,000 O 0 O 0 0 0 0 0 0 0 O 0 6,300,000 10,300,000 23,527,923 23,527,923 15,863,756 22,100,495 11,202,054 30,289,971 14,883,022 14,883, 022 19, 075,027 19,075, 0271, 7,983,534 14,283,534 3,464,937 13,764,937 3,464,937 3,464,937 2,450,723 2,450,723 2,233,777 2,233,777 November 18, 2014 -20 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM #64280 (Continued) As the table illustrates, even more than the City, the School System has relied on Fund Balance or Reversion Funds to sustain critical programs and positions. In FY15, the Schools' used $16-Mmillion of Reversion Funds, plus $2 -Million of the Sandbridge Surplus to sustain their K-12 programs. In addition, a portion of the 2% Non-VRS pay raise provided in this year was backed by $725,000 of one-time City Funds outside of the Formula. For the purposes of this Forecast, and to provide a clear financial picture for the School System, we have not assumed any additional use of Reversion Funds to balance the Schools' Operating Budget. This does not, however, preclude the School Board from using those funds to help their balance. Such a strategy will be necessary unless other sources of funding become available, but the School System used $18 -Million in FY15. The available amount for FY16 is $15.6 -Million, assuming the School's remove all of the Sandbridge Surplus from the CIP. This assumption of not using Reversion Funds, coupled with the $4 -Million loss of Federal Revenue, has exacerbated the School's deficit situation: School Opo. (Reversion 2010-11 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 $13,000,000 $22,593,767 $22,200,000 $17,116,978 $18,000,000 $3,116,978 $16,116,1978 $0 $22,593,767 $1,116,978 $23,316,978 $0 $17,116,978 $1,591,000 $19,591,000' $2,591,000 $3,116,978 $2,591,000 $5,091,000 $3,591,000 $5,591,000'. $3,591,000 $5,591,000 $3,591,000 $5,591,000' Over the Forecast period, both the School System and the City Revenues are projected to increase. How much, if at all, depends on decisions made by the Federal and State Governments as they balance their own Budgets. Local Revenues are increasing at a very slow pace, roughly 2% overall each year: $1.000 f $950 5900 $850 City Operating Fund 2011 2012 2013 2014 2015 2016 2017 2018 2019 Fiscal Year 2020 $770.0 $760.0 $750.0 $740.0 $730.0 o 5720.0 1 $710.0 $700.0 $690.0 $680.0 $670.0 201 School Operating Fund Fiscal Year November 18, 2014 -21 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM #64280 (Continued) With Revenues growing by 2%, it is important to understand expenditures. It is important to remember, as we review these expenditures, no pay increase is assumed to be included beyond the VRS mandated pay raise of 1% and 1.34% by Council and School Board policy, and those are only for FY16.17. Inflation is minimally covered at 1.5%. so it appears we will have to "tighten the belt" for at least five (5) more years: The majority of the General Fund is transferred out to support programming in other Funds. The largest transfer at $392 -Million in FY16 goes to support the School System. City Gagers, Projected November 18, 2014 -22 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM #64280 (Continued) VRS Rates are increasing over the Forecast period. FY13 was the first year of the five-year phase in of the VRS shift requiring employees to pay into their VRS account. Because of this shift, the VRS Rate has remained relatively flat; however, beginning in FY18, the employer's share will grow, based on the anticipated increases in the VRS Rate. Employer's contribution towards Health Care is expected to increase at 8% each year based on medical trend and usage. As the graph illustrates, the decisions made by City Council and the School Board last year flattened the growth between FY14 /15, saving $4.0- Mllion on the City side: Ci VRS eal nsura $`0 $30 020 $10 2312 2014 —VRS Projected 2017 _: 23. 27" Fscc f —Health Insurance Payroll represents 80.2% of the School's Operating Fund and, like the City salaries, School Payroll increases by the remaining two years of the VRS pay raise in FY16/17. After that, no other increases are reflected. Also, like the City, fringe benefits is the fastest growing segment for the School System. Exp Soot Opera ,s ny Ca egory $30)) $700 0800 $500 $a0'D $300 $`00 '$100 MI 2013 _014 Projected 2017 2(20 Fiscal Year ® c,cnc-.: e -i ,ge Ber n1 0Operating ❑r ,L 3ervi . ■Reserves/Fut 41e ,ri ul Fr -ects November 18, 2014 -23- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM #64280 (Continued) The graph below, like the one for the City, shows the projected growth in VRS and Health Insurance. Employer's contribution grows by 8% each year, based on medical trend and utilization. The VRS Rate for Schools has the same assumption as the City; however, this could significantly change based on actions of the General Assembly to catch up the VRS Rate for the teachers' Pension Plan. During the Recession, the State failed to adequately fund their portion of the required contribution to the pension system in an effort to help balance their Budget. Now the State plans to catch up this shortfall by adjusting the VRS Rate; but, exactly how much in FY16 is uncertain given the State's current Budget shortfall: Sc 3 OSts Projected 20.1 2012 2013 231.1 2016 5010 2012 2015 2019 3020 Fiscal Yaor --VRS -a-Health Insurance For the next five (5) years, projected expenditures will outpace anticipated revenues by roughly $15- Mllion each year. This is not related to major new programs or projects such as the Arena or Light Rail, rather the cost of delivering basic services of government are growing at rates faster than revenue growth: Rev City Genet; a Ex- endi'u $1.200 01,150 31,100 31..,50 $1.000 $950 3900 3850 $500 $9 70,5 $992.9 $1,037.6 $1.012.5 2011 2012 2013 .7714 $1,104.8 .059.7 $1.080.4 122,4 51,044.2 $1,0 31.024.1 Fiscal icor 2017 2013 2019 5220 -a-Expenditures -•-Revenue November 18, 2014 -24- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM #64280 (Continued) The projected deficit for the School System is much larger mainly due to not using $15.6 -Million of Reversion Funds for the first year of the Forecast. Also contributing is the loss of $4.0 -Million in Federal Impact Aid. Without these two revenue losses, the School 's deficit in year one would drop from $28.4 - Million to just under $9 -Million. Revet school opera Expe Fuad $820 1.°0 :Pao $740 ?-0 $700 3706.4 3739.0 $72_8.: $724.3 3 1=1' 21.: I -=Y 2012 P7 2313 P' 2014 FY 2315 Frsc.r Year 5762.0 Projected 3806.6 $798.4 7 c.5 3794.5 33.6 5740.8 3748.4$756.. FY 22017 FY FY 201,, 7..' 2025 -.-Expenditures -.-Revenue Below is a ten (10) year history of pay increases for both the City and Schools. During the Recession, both the City and School System sharply curtailed salary adjustments and in the last few years both systems have barely been able to keep up with Inflation. Salary stagnation has led to pay compression issues as new hires make the same as longer term employees and if the Forecast was adjusted to provide for a 2% general increase, the City's deficit would increase by $6.7 -Million to $20.2 -Million and Schools would increase by $11.5 -Million to $40 -Million in FY16. VRS General Merit VRS Salary Fiscal Year Required Increase Increase Fiscal Year Required Bonus Increase 2005-06 0 0 4.5% 2005-06 0 0 7.0% 2006-07 0 1.7% 3.0% 2006-07 0 0 7.06% 2007-08 0 1.5% 2.0% 2007-08 0 0 3.5% 2008-09 0 2.5% 0 2008-09 0 0 3.5% 2009-10 0 0 0 2009-10 0 0 0 2010-11 0 0 0 2010-11 0 0 0 2011-12 0 2.5% 0 2011-12 0 2.5% 0.5% 2012-13 L0% 0 0 2012-13 1.0% 0 2.0% 2013-14 1.34% 1.66% 0 2013-14 1.34% 0 1.66% 2014-15 1.34% L66% 0 2014-15 1.34% 0 1.66% November 18, 2014 -25 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM #64280 (Continued) It is critical to understand that NO DECISION has been made on any of the projects discussed next; however, these projects are significant in their potential to impact the City and School 's financial situation and to not discuss them at all would be a serious omission in a report that looks into the future. This information is intended to help the City Council and School Board understand the impacts of these possible projects on finances. The actual amounts may change based on decisions that are ultimately made and the timing of those decisions: The Arena itself is going to be financed by a private investor; however, the infrastructure is not. Should City Council decide to move forward, the Arena itself would be built and financed by a private developer. The City's portion of the project is to ensure that the municipal infrastructure surrounding the arena is sufficient to handle that large a facility. A briefing on the components of the infrastructure required was provided to the City Council in October and identified funding needs of up to $78 -Million, $53 -Million of which is required by the Arena facility and another $25 -Million would be options the City Council could consider to enhance the project. The analysis below focuses on how the City could fund the full $78 - Million: • City Council is currently considering a proposal for a private developer to construct and finance a privately owned 500,000 square foot entertainment and sports venue adjacent to the Virginia Beach Convention Center. Estimated construction cost to be paid by the developer is $200 million. The City would need to construct infrastructure to support this facility. This includes roadway enhancements and streetscapes, parking lots, water and sewer upgrades, and storm water systems. This is estimated to cost as much as $53 million. In addition there are another $25 million in "options" that could be considered. • The initial debt authorization of $53 million if the project moves forward would come in FY 2015-16 with the Capital Improvement Program. November 18, 2014 -26 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM #64280 (Continued) Many years ago, the City Council established dedicated revenue streams from the hotel tax, restaurant meals tax, amusement tax and cigarette tax to fund the Hurricane Protection Wall, the Convention Center and entertainment programs at the Resort Area. The charts below illustrate the first five years of a long term anaylsis Tourism Investment Program Fund. Estimated revenues in FY16 are at $36.5 -Million with matching expenditures. At the end of FY15, $2.6 -Million in unallocated fund balance will be available. In FY17, an additional $4 -Million is expected as the purchase of trolleys for the Oceanfront and some of the early debt pays off reducing expenses. This would bring the Fund Balance to $6.6 -Million. If the Arena is approved by City Council in 2015, we would expect to make the first debt service payment of $5.9 -Million in FY17. This would drop the fund balance to less than $0.7 -Million, but again expenses are less than anticipated Revenues and would bring the Fund Balance up to $5.8 -Million. However, that amount is insufficient to cover the next year's debt service of $7.8 -Million. The deficit is expected to continue until 2022 when the fund begins to rebuild capacity so for five (5) years there is a deficit. This short term deficit could be bridged by curtailing entertainment and other support to the Oceanfront, it could be covered by a transfer from the City's General Fund, but it also is running a deficit, or the TIP fund shortage could be covered by a tax rate increase within the fund. For example, an increase in the dollar per room night on hotel rooms would generate sufficient funding to cover the deficit and it could be "Sunset" in 2022 when no longer need. The ultimate decision on the Arena and the timing of that decision would determine the debt service impact to the fund: Arena n Use ot TIP Fund Revenues Expenditures Increase to Fund Balance Available Fuot8alance Arena Infrastructure Cost million FY 2011-16. FY 2016-17 _ FY 2017-18 FY 2018-19 fY 2019-20 $36.5m $37.6m $38.8m $40.1m $41.4m $36.5 m $33.6 m $33.8 m $33.8 m $32.8 m $0 $4 m $5.1 m $6.3 m $8.6 m $4.3 Remaining Balance Note: available Fund Balance's the sum of the n Available Fund Balance b drawn down each year bytbe arena infrastructure cost. $2.6m.i' $0..7m fining balance from the previous. added to the increase to Fund Balance for that year. Unlike the Arena infrastructure, there is no ready source of funding for the Light Rail project, no matter what the alignment. It has never been assumed that it would generate sufficient ridership to cover its debt service and operating costs. The State and City have agreed to split the initial costs 50/50 up to a maximum of $310 -Million: This would extend the existing Tide Transit System into Virginia Beach. HRT is currently evaluating 4 different endpoints. • Town Center • Rosemont Road • Oceanfront via the Norfolk and Southern Right of Way • Oceanfront via Laskin Road Corridor No decision on the endpoint has been made The State and City have entered into an agreement to cover $310 million of cost on a 50/50 share. Costs beyond this amount would need Federal participation or additional State Support. The City's S0% is $155 million. • The first debt authorization could be as early as FY 2015-16 at $10.5 million, an additional $88.5 million would be authorized in FY 2016-17 and the final authorization would be in FY 2017-18 at $56 million. • Annual operating costs for the transit extension into Virginia Beach would be between $6 to $8 million beginning as early as FY 2017-18. November 18, 2014 -27 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM #64280 (Continued) The anticipated debt service follows the year authorized, so the first payment would be $800, 000 in FY17, rising to $11.7 -Million by the end of the first five years. The operating costs begin in FY 2018 and would increase each year thereafter based on inflation. To cover this cost, it would require, for example, a Real Estate Tax increase of $0.29. By beginning that tax increase in FY16, the rate is kept lower over the 25 years of the debt service. However, other revenue streams certainly could be considered such as the establishment of a Tax Increment Financing District (TIF) in a 1 mile radius around each station prior to the opening of the Light Rail. This TIF would capture the development growth in and around each station, holding the increased tax revenues generated from this development; and, as it grows the City Council could use the TIF to lower the initial tax rate. The key to this assumption is all Revenue generated by development in that 1 mile radius would remain in the TIF and tat same revenue cannot be used to intent that development: Light Rail is the incentive: Anr Furidi cal Yea 0 7-18 Light Rail Debt Service Annual Operating costs (net of Ridership Revenues). Total $0 Sp FY 2018 9 :FY 2019-20 $0.8 m $7.4 m $11.6 m $0 $6.m $6.2 m S0.8 m 13.4 m 17.8 m $11.6 m $6.4 m( Real Estate Tax rate needed: 2.9 cents in FY 2016 The School Modernization Program has been devastated by the Recession. With the State reallocating Lottery proceeds to its Education Budget and removing the proceeds, the School Board faced a structural deficit in their Operating Budget and Pay -Go funding from the CIP was reallocated to the Operating Budget. These two actions left the program operating $32 -Million in debt; and as a result, the program dropped from doing a school every one or two years to one every three or four years. The School Board has not made a decision to ask for any additional funding for school modernization: har I ;choi3 ode niza ►aam • In 1999 the City Council and School Board embarked on a program to modernize the oldest elementary schools in the system. To date 23 elementary schools, 2 middle schools, 1 high school, and 2 school plant facilities have been modernized or replaced. Before the recession funding for this program had reached $60 million through a combination of school pay as you go funding ($17 million); debt ($32 million) and State Funding ($11 million). After the recession the program has relied on the $32 million in debt. November 18, 2014 -28 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM #64280 (Continued) City Council and School Board Members received a Briefing in October requesting additional funding providing three options: $50 -Million which would provide an additional $18 -Million; $60 -Million which would provide an additional $30 -Million; and, $80 -Million which would provide an additional $48 - Million in funding. For the purpose of this discussion, we are using the $60 -Million option which would provide an additional $30 -Million in funding: On October 21' School staff presented three options for enhancing the Modernization Program back to its pre -recession level of funding: John B. Dey Thoroughgood Elementary Princess Anne Middle Princess Anne High Bettie F. Williams Elementary Kempsville High Schedule at minion 2019 2020 2023 2025 Not Funded Not Funded 2019 2019 2019 2020 2019 2019 2020 2020 2019 2024 2022 2022 2024 2023 2021 Not Funded Design Funded Design Funded The initial authorization in this analysis would be in FY17 with the first debt service payment being in FY18 and each fiscal year thereafter would add another $30 -Million. The peak year for debt service based on an additional $30 -Million each year would be $47.4 million, making their annual debt service payment in that year nearly $90 -Million but it would level off as older debt would pay off and be reissued. Under the current City/School Revenue Formula, debt service is paid by the School System; however, based on the structural deficit, he School System is looking at going forward being unable to absorb even the early years of this debt without requiring significant reductions in programs. If it is decided to enhance the modernization program funding at this level, it would require an additional $0.46 cents in FYI 6: FY2015-16 Debt Service Amount FY 2016-17 FY 2017-18 $3.2 m 3.2 m FY 2018-19 I FY 2019-20 $6.2 m $6.2 m $9.2 m $9.2 m Real Estate Tax rate needed: 4.6 cents in FY 2016 November 18, 2014 -29 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM #64280 (Continued) The final grouping to discuss is other private public partnerships. Each of these deals would be unique and may generate sufficient income to the City to offset costs or even better generate a surplus of revenues. Sufficient information is not available at this point to make this determination, so for the purpose of this analysis, we assumed that we would need $102 -Million in additional City infrastructure to support these projects: Publ Private_ i Fur • There are several other projects under discussion, but at various stages of consideration. Projects such as the Dome Site development; additional phases of Town Center, parking decks, etc. • A total of 5102 million is identified as a placeholder for the purposes of this analysis with the first authorization of $29 million in debt in FY 2016-17, the remaining debt would be authorize over the next two years. Obviously the timing and amount of debt needed would ultimately be determined by the needs of each project. The table below shows the debt service amount on $10.2 -Million in debt and revenue generated from the individual projects should go first to covering the debt service. Without this commitment, these projects would need to be supported with some other revenue source, for example, if the real estate tax was used, then a $0.14 increase would be required for the total $10.2 -Million: Debt Service Amount Total FY 2015-16 50 2016-17 53.1 m $3.1 m+ FY 2017-18 $7.5 m 7.5 m FY 2018-19 510.5 m 510.5 m FY 2019-20 510.2 m $10.2 m Real Estate Tax rate needed: 1.4 cents in FY 2017 November 18, 2014 -30- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM #64280 (Continued) The City's Operating deficit in FY16 is projected to be $13.SMillion with the School's Operating deficit is $28.4 -Million; and, if the City Council and School Board want to provide a 2% pay raise in next year's budget, it would add $18 -Million to the total deficit. If decisions on Light Rail and other projects occur, expect the City's debt service to increase not in the next fiscal year, but the year after. Funding for that should be considered in FY16 Budget deliberations. By instituting an early tax increase, it generates funding to keeps the rate lower over the life of the debt. Please remember, the City and School Funds will be balanced expenditures to revenues when presented in March and there is cause for concern as the State and Federal Governments continuing to reduce support to the Schools and causes the Budget to remain structurally out of balance. Also remember, NO decision on any project projects or funding strategy has been made: nua Funding Conce ns City Deficit School Deficit Pay Increases (City and Schools) Debt Service — All Projects Light Rail Operating Cost FY 2015-16 $13.5 m $28.4 m $18.1 m $0 $0 FY2016-17 Total $60.0 m $15.6 m $38.7 m 518.7 m FY 2017.18 $ 15.1 m $36.1 m $18.9 m $8 m $26 m $o $6 m FY 2018-19 $102,1 m $17.8 m $42.3 m $19.4 m $36 m $6.2 m FY 2019-20 21.7 m $13.0 m $42.5 m $19.7 m $39 m $6.4 m $ 120.6 m' Both the City and Schools are working to enhance efforts to improve efficiencies, share services and any other cost cutting measure. However, this is the sixth year of "squeezing the turnip" and each year nets less and less. The School's deficit, without the use of Reversion Funds, is long term unsustainable, especially as the State and Federal Government reduce support. The projects discussed today have the potential to change the City's economy and ideally generate excess funds to the City to cover non project costs. In the past, it was always City Council's Policy to only consider major projects when they had a revenue source, either private or tax revenue. We are advocating the City return to that policy. No one likes tax increases, but gone are the days where projects can be undertaken without additional revenues. Any tax revenue adjustment, be it real estate tax rates or others, must be made in the context of the current economy. 1. Enhance city and school efforts to improve efficiencies, improve and share processes, and other cost cutting measures 2. Work with the Genera; Assembly to fully fund School Programs with a State and Local strategy to have education be the strongest in the Country. 3. Continue to look to the Future with projects and services desired by the community and appropriately funded. Next five years November 18, 2014 -31 - JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM #64280 (Continued) In computing Debt Service as a % of General Government Expenditures, the following assumptions were used: 5.5% interest rate was used through FY18 and beginning FY19, a 6.0% rate was used; General Government Expenditures, net of debt service grew at a 3% rate; Light Rail Operations and Maintenance of $6,000,000 per year was included starting FY18, and grew at a rate of 3%; and, the computed debt service was added to the operating budget and used as a base: Annua Debt Se reen age Generai Government:tures FY 15 FY 16 FY 17 FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 Average Scenario 81 8.0% 8.3% 8.7% 9.0% 9.2% 9.4% 9.4% 9.5% 9.4% 9.4% 8.8% 8.3% 8.1% 8.9% Scenario 92 8.0% 8.3% 8.7% 9.4% 9.7% 9.9% 9.9% 10.0% 9.9% 9.8% 9.3% 8.8% 8.5% 9.2% Scenario 83 8.0% 8.5% 9.1% 9.8% 10.1% '10.3% 10.2% 10.3% 10.2% 10.1% 9.5% 9.0% 8.8% 9.5% Scenario 84 8.0% 8.4% 8.7% 9.2% 9.6% 9.8% 9.8% 9.9% 9.8% 9.7% 9.2% 8.7% 8.5% 9.2% ,Scenarios #1: Includes debt service on Modernization Program and $102 million of Public/Private Partnerships ,-Scenario #2: Includes debt service on Modernization, $102 million and Light Rail >Scenario #3: Includes debt service on Modernization, $102 million, Light Rail and Area Infrastructure, and Scenario #4: issues debt for projects but at lower limits to not breach the 10% limit First breach of polio, Maximum breach Debt -er FY15 FY16 FY17 FY18 FY19 FY20 FY21 FY22 FY23 FY24 FY25 FY26 FY27 Average Scenario 41 $ 2,362 $ 2,460 $ 2,633 $ 2,761 $ 2,808 $ 2,838 $ 2,862 $ 2,875 $ 2,883 $ 2,887 $ 2,898 $ 2,912 $ 2,920 2,777 Scenario 42 $ 2,362 $ 2,473 $ 2,827 $ 3,057 $ 3,083 $ 3,092 $ 3,094 $ 3,085 $ 3,072 $ 3,053 $ 3,042 $ 3,033 $ 3,018 2,945 Scenario 43 $ 2,362 $ 2,560 $ 2,994 $ 3,214 $ 3,230 $ 3,228 $ 3,221 $ 3,203 $ 3,180 $ 3,153 $ 3,132 $ 3,115 $ 3,091 3,053 Scenario 84 $ 2,362 $ 2,496 $ 2,841 $ 3,006 $ 3,035 $ 3,046 $ 3,051 $ 3,045 $ 3,035 $ 3,019 $ 3,010 $ 3,004 $ 2,991 2,918 Projected Debt per Capita exceeds the $2,800 limit for all scenarios, and once breached, does not come back down within the time frame of this analysis Scenarios #1: Includes debt service on Modernization Program and 5102 million of Public/Private Partnerships Scenario #2: Includes debt service on Modernization, 5102 million and Light Rail Scenario #3: Includes debt service on Modernization, 5102 million, Light Rail and Area Infrastructure, and F first breach of policy - Scenario #4: issues debt for projects but at lower limits to not breach the 10% limit Maximum breach Mayor Sessoms expressed his appreciation to Mr. Hanzaker and Ms. Whitesell for their continued work. This portion of the meeting adjourned at 4:00 P.M. November 18, 2014 -32- rrGtt4u' BEA -, ra. !y {V VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 18, 2014 Mayor William D. Sessoms, Jr., called to order the City Manager's Briefings in the City Council Conference Room, Tuesday, November 18, 2014, at 4:00 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 November 18, 2014 -33- CITY MANAGER'S BRIEFINGS TOTAL MAXIMUM DAILY LOAD (TMDL) INCENTIVE PACKAGE ITEM #64281 4:00 P.M. Mayor Sessoms welcomed Clay Bernick, Administrator — Environment and Sustainability. Mr. Bernick expressed his appreciation to City Council for their continued support. Mr. Bernick advised Wayne McCoy, Chair of the Green Ribbon Committee, and Karen Forget, Chair of the Incentive Committee, will be presenting the Briefing: Virginia Beach City Council November 18, 2014 Below is an overview of the Briefing: Background - TMDLs, Adopted TMDLs for Virginia Beach, Pending TMDLs for Virginia Beach, Role of TMDLs in Stormwater Program Clean Waters Task Force Role in TMDLs Green Ribbon Committee Role in TMDLs Green Ribbon Committee Water Quality Incentives Recommendations to Help Accomplish TMDLs November 18, 2014 -34 - CITY MANAGER'S BRIEFINGS TOTAL MAXIMUM DAILY LOAD (TMDL) INCENTIVE PACKAGE ITEM #64281 (Continued) Mr. Bernick provided the background regarding TMDLs: rrr \rNthcbi Is a TrylDI„? The maximum aggregate pollutant loading nee. essary to , achieve sprecific water quality standards: the amouniot pollution o watertAray car receive and still meet water quarity standards br Adopted TMDLs- Chesapeake Bay and Local rt Chesapeake Bay TiviDIL Aggregate loading for the Bay has ben divided among Bay slates and major tributary basinr, (watersheds Or segments), as well as by 5ource categories bAraster,yaler, urban storm -water, septic, agriculture, air deposition) primarily for nlIrogerr, phosphorus and sediment Each watershed or segment is considered 0 separate TMDL rx Targets for each watershed or segment based on modeling - Vrbiwa submitted Phase I Vriatershect Implementation Plan (Phase I IMP) in Isloverrber 2010, accepted by EPA with minor modifications '...&-:,±T21-W50-14-1;e741` • perrnb rrerrh,,i,s November 18, 2014 -35- CITY MANAGER'S BRIEFINGS TOTAL MAXIMUM DAILY LOAD (TMDL) INCENTIVE PACKAGE ITEM #64281 (Continued) Adopted TMDLs Chesapeake Bay TMDLs ginia submitter Phare it WE in March, 2012 Phase 11 'ARP rarban storrwater practices recommended: Revised Stormwa?er Management Regulations_ StarnnICter Program :mprc Bement; and M54 Permit ai Urban Nol Tient Management Local Strategies Lanai Engagement, Technicar E Financial Hss stance Developing Local Targets Local Strategies Irruplemeniaiion Schedule Adopted TMDLs - Other Virginia Beach TMDLs (Local TMDLs) r Development of Local TMDLs required for impaired waters r. For waters with both Bay and Local TPv1DLs the more stringent TMDLs Ml apply Currently established Local TMDLs in Virginia Beach: h. Back Bay watershed - E. Coli Bacteria Enterococci Bacteria, Phosphorus =o Elizabeth River watershed - Enterococci Bacteria Lynnhaven watershed - Fecal Coliform Bacteria North Landing River watershed - E. Coli Bacteria, Enterococci Bacteria, Phosphorus November 18, 2014 -36 - CITY MANAGER'S BRIEFINGS TOTAL MAXIMUM DAILY LOAD (TMDL) INCENTIVE PACKAGE ITEM #64281 (Continued) Potential TMDLs (based on DEQ Impaired Waters List) Back Bay watershed - Dissolved Oxygen, pH Chesapeake Bay watershed - PCBs Elizabeth River watershed - Aquatic Life, PCBs - Little Creek watershed - Chlorophyll -a, Dissolved Oxygen, PCBs, Phosphorus Lynnhaven watershed- Aquatic Life, Mercury, PCBs North Landing River watershed - Dissolved Oxygen, PCBs Rudee Inlet/Owls Creek watershed - Dissolved Oxygen, Enterococcus Bacteria, Fecal Coliform Bacteria November 18, 2014 • Role of TMDLs in Stormwater Program Help define water quality priorities to address by both the City AND Community Watershed Organizations Form target and help define framework for development of City AND Community Watershed Organizations watershed implementation plans, action plans & strategies , Can help define City responsibilities for water quality stormwater permitting reporting requirements November 18, 2014 -37 - CITY MANAGER'S BRIEFINGS TOTAL MAXIMUM DAILY LOAD (TMDL) INCENTIVE PACKAGE ITEM #64281 (Continued) The Clean Waters Task Force Mission: To procride an informal forum for infonknation exchange on activities kelcied to the Cite' s watersheds; Tia help enure better City agency coordination ond cooperation on watemned related activities and issuew To identify areas of concern that may need to en addressed be the cite related to the Cliy's walersneds: To foster a coordinated City response to othei kialkeholders working on watershed - related activities and rules To support the efforts of individual participants in helping accomplish water quality protect tion and enhancement; To help facilliate and implement the recommendations of the Green Ribbon Committee ensuring a measure of respanBibility and occount,Bbility 0 tne Green Ribbon Committee's process: and ro designate ue Df Chesapeake Bay Preservation Area Board and Wetlands Board Civil Pettaities Funds for Restorafion project, The Clean Waters Task Force's Role is identified below: Inform Green Ribbon Committee on initiatives, projects and activities being undertaken in the City's watersheds by the City AND Community Watershed Organizations Develop and Implement TMDL Tracking System (per City Council Pending Items List directive) November 18, 2014 -38 - CITY MANAGER'S BRIEFINGS TOTAL MAXIMUM DAILY LOAD (TMDL) INCENTIVE PACKAGE ITEM #64281 (Continued) . cnt Ng_ Below is the Mission of the Green Ribbon Committee: The Commits ,ill advise Cly Council on matfer5 relaling to the improvement of water qualliv In the Cityls WdlerwayS particular, it will: Manor the lrylpiernenta Coolf the Total Maximum Daily Load requirement!, of the Environmental Protection Aaency and oversee Dublic involverneni in the developmmIt of new water quality ordinances: Estabil,,h and avemee public outreach and educational programs robed ta 000er quolityf Monitor arld advise pitc,oso r regaM lo comprehensive water qfJairly treatment efforts. on ba•ll, put,lic. and prlvate properties: and WolT osvod the goal o esiabBhhg virglnia fl:.each ,m a model for 0000110000 imNaler qualify initiatives. 1,":0147,14,4' November 18, 2014 -39- CITY MANAGER'S BRIEFINGS TOTAL MAXIMUM DAILY LOAD (TMDL) INCENTIVE PACKAGE ITEM #64281 (Continued) Below is the Green Ribbon Committee's role in TMDL: o Report and advise City Council on progress in meeting TMDLs requirements Recommend measures to help the City and Community Watershed Organizations meet TMDLs requirements optiggIV44-,t!, • November 18, 2014 -40 - CITY MANAGER'S BRIEFINGS TOTAL MAXIMUM DAILY LOAD (TMDL) INCENTIVE PACKAGE ITEM #64281 (Continued) Ms. Forget, Incentives Subcommittee Chair, advised they are recommending four (4) initiatives to improve water quality to help accomplish TMDLs: o Clean Water Cost Share Program ($200 K Fiscal Year 2015-2016 General Fund) o Green Ribbon Award Program ($5 K Fiscal Year 2014-2015) o Increased Training Opportunities o Comprehensive Incentive Program November 18, 2014 -41 - CITY MANAGER'S BRIEFINGS TOTAL MAXIMUM DAILY LOAD (TMDL) INCENTIVE PACKAGE ITEM #64281 (Continued) Parking Lot Retrofits November 18, 2014 -42- CITY MANAGER'S BRIEFINGS TOTAL MAXIMUM DAILY LOAD (TMDL) INCENTIVE PACKAGE ITEM #64281 (Continued) Below are the recommended Clean Water Cost Share Program: November 18, 2014 Provide models of innovative practices for others to implement Provide educational opportunities Minimal city staff time required to implement the program Sediment, nutrient and bacteria reduction credits to help meet TMDL requirements t Doubles the City's investment with 1:1 match requirement } November 18, 2014 -43- CITY MANAGER'S BRIEFINGS TOTAL MAXIMUM DAILY LOAD (TMDL) INCENTIVE PACKAGE ITEM #64281 (Continued) Below is the Green Ribbon Award Program: Recognize and publicize model projects = Educate others on best practices Minimal budget impact Minimal city staff time required to implement Below are other activities of the Subcommittee: Increased Training Opportunities City and Nonprofit partnerships Comprehensive Incentive Program Review existing stormwater fee reduction/discount program Work with the City's new tracking system Commercial and residential properties approved forTMDL credit November 18, 2014 -44 - CITY MANAGER'S BRIEFINGS TOTAL MAXIMUM DAILY LOAD (TMDL) INCENTIVE PACKAGE ITEM #64281 (Continued) Below are the next steps: Mayor Sessoms expressed his appreciation to Mr. Bernick, Ms. Karen Forget and the entire Committee for their continued work. November 18, 2014 7 Clean Wafers Task Force - Develop and Implement TMDL Tracking System (per City Council Pending Items List directive) Green Ribbon Committee - Pursue Implementation of Recommendations (Clean Water Cost Share Program, Green Ribbon Award Program & Increased Training Opportunities) following City Council direction Mayor Sessoms expressed his appreciation to Mr. Bernick, Ms. Karen Forget and the entire Committee for their continued work. November 18, 2014 -45- CITY MANAGER'S BRIEFINGS COLLIER BUILDING RENOVATION ITEM #64282 4:40 P.M. Mayor Sessoms advised the Briefing will be rescheduled due to time constraints. November 18, 2014 I -47- CITY COUNCIL LIAISON REPORTS (Continued) ITEM #64284 Councilman Moss advised Hampton Roads Planning District Commissions (HRPDC)Legislative Package included the request to allow the regional transportation funding be amended to allowed for transit. He requested the vote from the commission and he plans to engage the local delegation but he does not support the requested amendment. November 18, 2014 -48- CITY COUNCIL COMMENTS ITEM #64285 City Council Comments were rescheduled due to time constraints November 18, 2014 -49- AGENDA REVIEW SESSION 4:12 P.M. ITEM #64286 BY CONSENSUS, the following shall compose the CONSENT AGENDA: L ORDINANCES/RESOLUTIONS 1. Ordinances to DESIGNATE exemptions from local property taxation: a. Stop -Cleft - International Alliance b. Transitions Community Development Corporation c. USA National Karate -Do Federation of Virginia, Inc. d. World Affairs Council of Greater Hampton Roads 2. Ordinance to DECLARE City -owned property as EXCESS and AUTHORIZE the City Manager to CONVEY same to the Virginia Department of Transportation (VDOT) at the Lake Gaston pipeline easement crossing Pine Top Drive in Brunswick County, Virginia 3. Ordinances and Resolution to AUTHORIZE: a. Granting of an easement over City -owned property located in Brunswick County, Virginia to Virginia Electric and Power Company (VEPCO) b. City Manager to EXECUTE a Cost Sharing Agreement and related activities with the Army Corps of Engineers re a Study to ESTABLISH a framework for assessing the sediment and nutrient reduction benefits from dredging c. Acquisition of 3.94 ± acres at 1025 Eaglewood Drive from LMW Properties, LLC d. Acquisition of 0.85 + acre parcel at 3380 Head River Road e. City Manager to EXECUTE an Operating Agreement with Lynnhaven River Now re the Lynnhaven Aquaculture Center on Broad Bay Road 4. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property: a. David L. and Helen M. Bernd re modifying and maintaining an existing wall, paver parking court and driveway, sewer clean-out and walkway at 8010 Ocean Front Avenue LYLNNHAVEN - DISTRICT 5 b. Chartway Federal Credit Union re constructing, operating and maintaining a lake fountain, stone dust path and gazebo at 5700 Cleveland Street and Interstate 264 KEMPSVILLE - DISTRICT 2 5. Ordinance to ESTABLISH Tidewater Medical Transport, LLC re an annual Emergency Medical Service (EMS) permit for private ambulance services 6. Ordinance to EXTEND the City's date for satisfying the conditions re closing Lake Avenue, Oak Street and portions of Locust Crescent and Ellis Avenue November 18, 2014 -50 - AGENDA REVIEW SESSION ITEM #64286(Continued) 7. Ordinances to ACCEPT and APPROPRIATE: a. $121,707 from the Veterans Administration Supportive Housing Program to the Department of Housing and Neighborhood Preservation re housing vouchers to Homeless Veterans b. $26,569 to Department of Housing and Neighborhood Preservation re the Federal Home Program regulations c. $1,000 donation from the Walmart Foundation to the Fire Department re purchasing supplies and equipment needed by the Community Emergency Response Team (CERT) Program 8. Ordinance to AUTHORIZE the TRANSFER of underlying fee interest of a portion of Northampton Boulevard to the City of Norfolk re weir maintenance ITEM #I a WILL BE REMOVED FROM AGENDA ITEM #2 WILL BE DEFERRED TO 12/09/2014 COUNCILMAN MOSS WILL ABSTAIN ON ITEM #3a ITEM #3b WILL BE CONSIDERED SEPARATELY ITEM #3c WILL BE CONSIDERED SEPARATELY ITEM #3e WILL BE CONSIDERED SEPARATELY ITEM #4a WILL BE CONSIDERED SEPARATELY COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#8 November 18, 2014 -51 - AGENDA REVIEW SESSION ITEM #64286(Continued) BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. PLANNING 1. Application of GALLEON INVESTORS XII, LLC for the enlargement of a Non -Conforming Use at 231 68"' Street LYNNHAVEN - DISTRICT 5 2. Applications of BURNETTE CAPITAL INVESTMENTS, LLC and REED ENTERPRISES, INC. at South Plaza Trail and Princess Anne Road ROSE HALL — DISTRICT 3 a. Modification of Proffers of the Conditional Zoning Agreement (approved March 27, 2012) b. Conditional Use Permit (self -storage facility) 3. Applications of EVERGREEN VIRGINIA, LLC (approved October 24, 2006) at 5301 Virginia Beach Boulevard KEMPSVILLE — DISTRICT 2 a. Modification of Proffers of the Conditional Zoning Agreement b. Modification of Conditions of a Conditional Use Permit (motor vehicle sales and service) 4. Application of ARACELI T. MARCIAL and BYLER ENTERPRISES for a Conditional Use Permit (Vocational School — Training Center for Nurse Aides) at 5441 Virginia Beach Boulevard KEMPSVILLE — DISTRICT 2 5. Application of KINGDOM INVESTING OUTREACH CENTER and A. V. ASSOCIATES, LLLP for a Conditional Use Permit (religious use) at 4525 East Honeygrove Road BAYSIDE — DISTRICT 4 6. Application of FIVE MILE STRETCH ASSOCIATES, LLC for a Conditional Change of Zoning from AG -1 and AG -2 Agricultural to Conditional PD -H2 Planned Unit Development District [R-10 Residential] re dwellings at 2800 to 2900 Princess Anne Road . (Deferred June 17, 2014) PRINCESS ANNE - DISTRICT 7 7. Application of THE STUDIO HAMPTON ROADS, LLC and NORTH LANDING INVESTMENTS, LLC for a Conditional Change of Zoning from 0-1 Office [HCD Overlay] to Conditional B-1 Neighborhood Business [HCD Overlay] re a Photography Studio at 2513 North Landing PRINCESS ANNE — DISTRICT 7 8. Ordinances to AMEND the City Zoning Ordinance (CZO) a. Section 1127 re open space, public sites and recreation areas within the PD -H2 Planned Development District b. Section 2106(d)(1) re Modifications to Workforce Housing units November 18, 2014 -52- ITEM#64286 (Continued) ITEM #1 WILL BE CONSIDERED, AS MODIFIED MAYOR SESSOMS WILL ABSTAIN ON ITEM #1 COUNCILMAN MARTIN WILL ABSTAIN ON ITEM #2a/b MAYOR SESSOMS WILL ABSTAIN ON ITEM #3a/b ITEM #6 WILL BE CONSIDERED SEPARATELY COUNCIL LADY HENLEY and COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM #8a ITEM #8b WILL BE DEFERRED INDEFINATELY November 18, 2014 -53- ITEM#64287 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: 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 — (Arena) 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 — (Arena) PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A) (1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees November 18, 2014 -54- ITEM#64287 (Continued) Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council voted to proceed into CLOSED SESSION at 4:59 P.M. 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.• (Closed Session 4:59 P.M. 5: 45 P.M.) November 18, 2014 -55 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 18, 2014 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, November 18, 2014, at 6:00 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 INVOCATION: Reverend Terron M. Rogers Pastor Ebenezer Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act"), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If during his review of an agenda, he identifies a matter in which he has a `personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. November 18, 2014 -56 - Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Towne Realty ("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 personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of August 13, 2013, is hereby made a part of the record. November 18, 2014 I -57- MAYOR STATEMENT ITEM#64288 Mayor Sessoms made the following statement: "I'd like to make one quick statement. As I said earlier in the Informal Session, I'd like to take just a minute to let you know face to face how seriously I take the recent allegations against me. The process of going through each individual vote has begun, but I need time to respond factually." "In the meantime, please, know I would never do anything to intentionally harm or embarrass the City of Virginia Beach or TowneBank I have been a consistent protector of both and have always had the best interests of both at heart." We cannot let this issue stand in the way of taking care of important City business. We owe that to our citizens. Thank you for your understanding, and I will move forward with the agenda." November 18, 2014 -58- RECOGNITION OF BOY SCOUTS ITEM#64289 Mayor Sessoms RECOGNIZED the following BOY SCOUTS and their LEADERS: Webelos Pack # 406 Sponsored by the Tidewater Council Phillip DeWitz Dylan Evans Yusef Fry James Hiatt Joe LaCroix Wyatt Klimkiewicz Charlie McClernon Keith Pezzella Evan Ruddock Alex Torop Mitchell Wilson Leader is Bruce Ruddock and Boy Scout Troop# 401 Sponsored by Brigadon Civic League Peter Benedict Brandon Brown Isaiah Burke Jeremiah Burke Amon Carthan Joshua Cramer Cameron Hise Zander Virella Merit Badge Counselor Lorene Sybrandt Scoutmaster Eddie Robles November 18, 2014 Item -VIII-E CERTIFICATION -59- ITEM #64290 Upon motion by Councilman Dyer, seconded by Councilman Moss, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: 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 November 18, 2014 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #64287 Page 55, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. th Hodges Fraser, MMC City Clerk November 18, 2014 -60 - Item -VIII-F.1 MINUTES ITEM #64291 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of October 21, 2014. 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, James L. Wood and Rosemary Wilson Council Members Absent.• None November 18, 2014 1 -61- ADOPT AGENDA FOR FORMAL SESSION ITEM #64292 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION November 18, 2014 1 -62- Item -VIII-H1a/b/c/d PUBLIC HEARINGS ITEM #64293 Mayor Sessoms DECLARED A PUBLIC HEARING: PROPOSED EXEMPTIONS FROM LOCAL PROPERTY TAX a. Stop Cleft — International Alliance b. Transitions Community Development Corporation c. USA National Karate -Do Federation of Virginia d. World Affairs Council of Greater Hampton Roads There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. November 18, 2014 -63- Item -VIII-H.2 PUBLIC HEARINGS ITEM #64294 Mayor Sessoms DECLARED A PUBLIC HEARING: FRANCHISE OF CITY PROPERTY Atlantic Avenue — Valet Station and Queuing Area Barbara Messner, questioned why the Agreement is for five (5) years as she believes this type of Agreements are on a trial basis for one (1) year. She stated the "Block" is a known trouble area at the Ocean Front and she is concerned it will increase problems by offering Valet Parking. There being no other speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. November 18, 2014 1 -64- Item —VIII -H.3 PUBLIC HEARINGS ITEM #64295 Mayor Sessoms DECLARED A PUBLIC HEARING: EXCESS CITY -OWNED PROPERTY Pine Top Drive in Brunswick County, Virginia There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. November 18, 2014 -65- Item -VIII-H.4 PUBLIC HEARINGS ITEM #64296 Mayor Sessoms DECLARED A PUBLIC HEARING: GRANT OF EASEMENT OVER CITY -OWNED PROPERTY Lake Gaston Pump Station, Brunswick County, Virginia There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. November 18, 2014 Item -VIII-I ORDINANCES/RESOLUTIONS -66- ITEM #64297 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED, BY CONSENT, IN ONE MOTION, Items 1a(DEFERRED INDEFINATELY)/b/c/d, 2(DEFERRED TO 12/09/2014), 3a(COUNCILMAN MOSS ABSTAIN)/d, 4b, 5, 6, 7a/b/c and 8(MOSS VOTE VERBAL NAY) of the CONSENT AGENDA. 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 November 18, 2014 Item -VIII-Lla ORDINANCES/RESOLUTIONS -67- ITEM #64298 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council DEFFERED INDEFINATELY, BY CONSENT, Ordinance to DESIGNATE exemptions from local property taxation: a. Stop -Cleft - International Alliance 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, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 18, 2014 1 Item -VIII-L lb ORDINANCES/RESOLUTIONS -68- ITEM #64299 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE exemptions from local property taxation: b. Transitions Community Development Corporation 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, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 18, 2014 I 1 AN ORDINANCE TO DESIGNATE TRANSITIONS 2 COMMUNITY DEVELOPMENT CORPORATION AS 3 BEING EXEMPT FROM REAL AND PERSONAL 4 PROPERTY TAXATION 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 8 granting an exemption from local real and personal property taxes to Transitions 9 Community Development Corporation; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 15 Transitions Community Development Corporation, as a charitable organization within the 16 context of § 6(a)(6) of Article X of the Constitution of Virginia and §58.1-3651 of the Code 17 of Virginia. 18 19 2. That real and personal property owned by Transitions Community Development 20 Corporation located within the City of Virginia Beach that is used exclusively for charitable 21 purposes on a nonprofit basis is hereby exempt from local property taxation. 22 23 3. This exemption is contingent on the following: 24 25 (a) continued use of the property by Transitions Community Development 26 Corporation for exclusively charitable purposes; 27 28 (b) that each July 1, Transitions Community Development Corporation shall file 29 with the Commissioner of the Revenue a copy of its most recent federal 30 income tax return, or if no such return is required, it shall certify its continuing 31 tax exempt status to the Commissioner of the Revenue; 32 33 (c) that every three years, beginning on January 1, 2018, Transitions Community 34 Development Corporation shall file an exemption application with the 35 Commissioner of the Revenue as a requirement for retention of the exempt 36 status of the property; and 37 38 (d) that Transitions Community Development Corporation cooperate fully with 39 the Commissioner of the Revenue with respect to audit of its financial 40 records, compliance with the terms of this ordinance. 41 42 4. That the effective date of this exemption shall be January 1, 2015. 18th Adopted by the Council of the City of Virginia Beach, Virginia, on the day of November 2014. Requires an affirmative vote of three-fourths of the members of the City Council. I APPROVED AS TO CONTENT: Com issione o CA13090 R-1 October 29, 2014 evenue 2 APPROVED AS TO LEGAL SUFFICIENCY: 1 rP' Office OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Transitions Community Development Corporation T/A Transition Homes for Hope 3419 Virginia Beach Blvd #B6 Virginia Beach, VA 23452 Website: None SUMMARY OF NONPROFIT BUSINESS ACTIVITY Transition Homes for Hope is a 12-24 month program that aids men and women in their journey to become independent after a life of addiction, incarceration or other poor choices. The men and women live in a safe, nurturing environment that includes 12 -step recovery meetings, life coaching, mentoring and life skills classes. Their goal is to aid these citizens in getting their lives back on track—spiritually, emotionally and physically. The residents pay rent to stay at these transitional home, normally 30% of their income once employed. The corporation does not own any real estate nor do they have any business property. They currently have 3 transitional homes. They lease property from the City of Virginia Beach and make necessary renovation to accommodate their quest. TAX IMPACT Real Property Assessment: None Tax: None Business Property Assessment: None Tax: None Personal Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status — 9/18/09 Item -VIII-L1 ORDINANCES/RESOLUTIONS -69- ITEM #64300 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE exemptions from local property taxation: c. USA National Karate -Do Federation of Virginia, Inc. 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, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 18, 2014 1 AN ORDINANCE TO DESIGNATE USA NATIONAL 2 KARATE -DO FOUNDATION OF VIRGINIA, INC., AS 3 BEING EXEMPT FROM REAL AND PERSONAL 4 PROPERTY TAXATION 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 8 granting an exemption from local real and personal property taxes to USA National Karate - 9 Do Foundation of Virginia, Inc.; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates USA 15 National Karate -Do Foundation of Virginia, Inc., as a charitable organization within the 16 context of § 6(a)(6) of Article X of the Constitution of Virginia and §58.1-3651 of the Code 17 of Virginia. 18 19 2. That real and personal property owned by USA National Karate -Do Foundation 20 of Virginia, Inc. located within the City of Virginia Beach that is used exclusively for 21 charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 22 23 3. This exemption is contingent on the following: 24 25 (a) continued use of the property by USA National Karate -Do Foundation of 26 Virginia, Inc. for exclusively charitable purposes; 27 28 (b) that each July 1, USA National Karate -Do Foundation of Virginia, Inc. shall 29 file with the Commissioner of the Revenue a copy of its most recent federal 30 income tax return, or if no such return is required, it shall certify its continuing 31 tax exempt status to the Commissioner of the Revenue; 32 33 (c) that every three years, beginning on January 1, 2018, USA National Karate - 34 Do Foundation of Virginia, Inc. shall file an exemption application with the 35 Commissioner of the Revenue as a requirement for retention of the exempt 36 status of the property; and 37 38 (d) that USA National Karate -Do Foundation of Virginia, Inc. cooperate fully with 39 the Commissioner of the Revenue with respect to audit of its financial 40 records, compliance with the terms of this ordinance. 41 42 4. That the effective date of this exemption shall be January 1, 2015. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of November 2014. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Commissioner of - R- venue CA13091 R-1 October 29, 2014 2 APPROVED AS TO LEGAL OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: USA National Karate -Do Federation of Virginia Inc T/A USA National Karate -Do Federation of Virginia Inc. Little Ninjas 600 N. Witchduck Road Suite 103 Virginia Beach, VA 23462 Website: n/a SUMMARY OF NONPROFIT BUSINESS ACTIVITY USA National Karate -Do Federation of Virginia Inc. teaches traditional martial arts to underprivileged children and adults at a reduced cost and will help those in need of financial assistance. They train individuals for participation in national, Olympic and other regional and local martial art events. The organization provides anti -bullying presentations at local schools and at their location in Virginia Beach. TAX IMPACT Real Property Assessment: $332,200.00 Tax: $3,089.46 Business Property Assessment: $1,432.00 Tax: $52.98 Personal Property Assessment: $10,075.00 Tax: $372.78 RELEVANT INFORMATION IRS Granted 501 (c) 3 status — 10/08/02 1 Item -VIII-Lld ORDINANCES/RESOLUTIONS -70- ITEM #64301 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE exemptions from local property taxation: d. World Affairs Council of Greater Hampton Roads 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, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 18, 2014 1 AN ORDINANCE TO DESIGNATE WORLD AFFAIRS 2 COUNCIL OF GREATER HAMPTON ROADS AS BEING 3 EXEMPT FROM REAL AND PERSONAL PROPERTY 4 TAXATION 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 8 granting an exemption from local real and personal property taxes to World Affairs Council 9 of Greater Hampton Roads; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates World 15 Affairs Council of Greater Hampton Roads as a charitable organization within the context of 16 § 6(a)(6) of Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 17 18 2. That real and personal property owned by World Affairs Council of Greater 19 Hampton Roads located within the City of Virginia Beach that is used exclusively for 20 charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 21 22 3. This exemption is contingent on the following: 23 24 (a) continued use of the property by World Affairs Council of Greater Hampton 25 Roads for exclusively charitable purposes; 26 27 (b) that each July 1, World Affairs Council of Greater Hampton Roads shall file 28 with the Commissioner of the Revenue a copy of its most recent federal 29 income tax return, or if no such return is required, it shall certify its continuing 30 tax exempt status to the Commissioner of the Revenue; 31 32 (c) that every three years, beginning on January 1, 2018, World Affairs Council 33 of Greater Hampton Roads shall file an exemption application with the 34 Commissioner of the Revenue as a requirement for retention of the exempt 35 status of the property; and 36 37 (d) that World Affairs Council of Greater Hampton Roads cooperate fully with the 38 Commissioner of the Revenue with respect to audit of its financial records, 39 compliance with the terms of this ordinance. 40 41 4. That the effective date of this exemption shall be January 1, 2015. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of November 2014. Requires an affirmative vote of three-fourths of the members of the City Council. I APPROVED AS TO CONTENT: CA13092 R-1 October 29, 2014 2 APPROVED AS TO LEGAL SUFFICIENCY: OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: World Affairs Council of Greater Hampton Roads T/A World Affairs Council of Greater Hampton Roads 4501 N. Witchduck Road Suite G Virginia Beach, VA 23455 Website: www.hrwac.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY World Affairs Council of Greater Hampton Roads is a non-partisan educational organization that provides awareness of foreign policy and diplomacy in order to promote an understanding of global importance. They offer reasonably priced and discounted or free diplomacy and foreign policy events and programming for students and educators and engage students, colleges, and high schools engage in international topics to develop interests and involvement in world affairs. TAX IMPACT Real Property Assessment: None Tax: None Business Property Assessment: $732.00 Tax: $27.09 Personal Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status — June 1969 reconfirmed on 12/13/04 Item -VIII-L2 ORDINANCES/RESOLUTIONS -71- ITEM #64302 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council DEFERRED TO 12/09/2014, BY CONSENT, Ordinance to DECLARE City -owned property as EXCESS and AUTHORIZE the City Manager to CONVEY same to the Virginia Department of Transportation (VDOT) at the Lake Gaston pipeline easement crossing Pine Top Drive in Brunswick County, Virginia 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, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 18, 2014 1 Item -VIII-L3a ORDINANCES/RESOLUTIONS -72- ITEM #64303 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, Ordinances and Resolution to AUTHORIZE: a. Granting of an easement over City -owned property located in Brunswick County, Virginia to Virginia Electric and Power Company (VEPCO) Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None Council Members Abstaining: John D. Moss November 18, 2014 1 AN ORDINANCE AUTHORIZING THE GRANTING 2 OF AN EASEMENT OVER CITY -OWNED 3 PROPERTY LOCATED IN BRUNSWICK COUNTY, 4 VIRGINIA TO VIRGINIA ELECTRIC AND POWER 5 COMPANY 6 7 WHEREAS, the City of Virginia Beach (the "City") owns and maintains the 8 Lake Gaston Pipeline (the "Pipeline"), which provides water to the City from Lake 9 Gaston; 10 11 WHEREAS, as a part of the Pipeline, the City owns a pump station site in 12 Brunswick County, Virginia (the "Property"); 13 14 WHEREAS, Virginia Electric and Power Company ("VEPCO") has 15 requested the City grant VEPCO an easement for a term of forty (40) years over 16 a portion of the Property, for the purpose of constructing, operating and 17 maintaining underground and overhead electrical facilities (the "Easement"); and 18 19 WHEREAS, granting the Easement to VEPCO will not interfere with the 20 City's operation or maintenance of the Pipeline or the Property, and will further 21 VEPCO's goals of providing reliable electrical facilities to the citizens of Virginia. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 24 CITY OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute the necessary 27 documents to grant an easement to VEPCO over City -owned property in 28 Brunswick County, Virginia, as shown on the plat attached hereto as Exhibit A, 29 and made a part hereof, and such other terms, conditions or modifications as 30 may be acceptable to the City Manager and in a form deemed satisfactory by the 31 City Attorney. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia on the 18th 34 day of November, 2014. 35 36 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE - 37 FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. APPROVED AS TO LEGAL SUFFICIENCY AND FORM /l a.g) City Attorney CA13185 APPROVED AS TO CONTENT Dept. Public Utilities \\vbgov. coin DFS I \Applications\CityLawProd\cycom32\Wpdocs\DOI3\P007\00055817. DOC R-1 November 7, 2014 lkf- aisrok Legend N/F CHAMPION INTERNATIONAL CORP. OWNER: CITY OF VIRGINIA BEACH MAP -1.01_1(6 13 ec, OWNER INITIALS: v‘G pz +/-90' G +1-231y NOT TO SCALE 11 20' SEDDINGFIELD WAY TO 650, P/NETOP DRIVE FROM POLE 0097 N/F CHAMPION INTERNATIONAL CORP — —Location of Boundary Lines of Right—of—Woy 20 h Width. --t- --Indicates Property Line is Right—of—Way Boundary In Width. Page 5 of 5 Plat to Accompany Right—of—Way Agreement VIRGINIA ELECTRIC AND POWER. COMPANY doing business as Dominion Virginia Power OH/UG District ROANOKE District—Township—Borough County—City State POWELLTON BRUNSWICK VA Office Piot Number ROANOKE RAPIDS 61-14-0053 Estimate Number 7628010 Date: 10716/14 By: litiftS I/HAMILL Grid Number L1502 EXHIBIT A z 1 W U 5 c � a) E E y a) O (15 03 W W V) O E _ E E O- 0 > 0 �Uv 0 CI) rn ca ti c fl N CI_W J I JOHN MOSS City of Virginia Beach VBgov.com PHONE: (757) 363-7745 COUNCILMAN -AT-LARGE MOSSJOHN@COX.NET In Reply Refer to 0053444 November 18, 2014 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on An Ordinance Authorizing the Granting of an Easement over City -owned Property Located in Brunswick County, Virginia to Virginia Electric and Power Company. 2. I have a personal interest in Dominion Resources, Inc., which is also known as Virginia Electric and Power Company. Its corporate street address is 120 Tredegar Street, Richmond, Virginia 23219. 3. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 4109 RICHARDSON ROAD, VIRGINIA BEACH, VIRGINIA 23455 Item -VIII-L3b ORDINANCES/RESOLUTIONS -73- ITEM #64304 The following registered to speak: C. Brandon Cholek, 4105 Hermitage Point, Phone: (757) 510-0796 agrees with the objective of Cost Sharing Agreement; however, he requested the findings of the study be made available for public comment to ensure transparency. The City Manager advised the Study can and will be posted to the City's Website. Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Ordinances and Resolution to AUTHORIZE: b. City Manager to EXECUTE a Cost Sharing Agreement and related activities with the Army Corps of Engineers re a Study to ESTABLISH a framework for assessing the sediment and nutrient reduction benefits from dredging 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, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent. None November 18, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO EXECUTE A COST SHARING AGREEMENT AND RELATED ACTIVITIES WITH THE ARMY CORPS OF ENGINEERS FOR A STUDY TO ESTABLISH A FRAMEWORK FOR ASSESSING THE SEDIMENT AND NUTRIENT REDUCTION BENEFITS FROM DREDGING WHEREAS, the City of Virginia Beach has several neighborhood dredging projects underway and more in the planning phases in the City; and WHEREAS, the City of Virginia Beach must develop plans to comply with the Chesapeake Bay Total Maximum Load (TMDL) regulations to remove phosphorus, nitrogen and sediments from the waterways; and WHEREAS, because of this requirement, the City wishes to partner with the U. S. Army Corps of Engineers (USACE) to establish a framework to assess the sediment and nutrient reduction benefits from dredging to potentially meet the TMDL requirements; and WHEREAS, the City would be required to contribute 50% of the funding required for the study, which is currently estimated to be $25,000; and WHEREAS, the City Council finds it serves the public interest to partner with the USACE in funding a study to establish a framework for assessing the sediment and nutrient reduction benefits from dredging; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: The City Manager, or his designee, is hereby authorized and directed to execute a Cost Sharing Agreement with the Department of the Army for a study to establish a framework for assessing the sediment nutrient reduction benefits from dredging, attached hereto as Exhibit A, and the City Manager and City Attorney, or designee, is hereby authorized to execute the required certificates regarding authority and lobbying. Adopted by the Council of the City of Virginia Beach, Virginia on the 18 t iay Of November 2014. APPROVED AS T! ONTENT: P • Iic Works CA13145 / R-1 / October 16, 2014 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney COST-SHARING AGREEMENT FOR PLANNING ASSISTANCE BETWEEN THE U.S. ARMY CORPS OF ENGINEERS, NORFOLK DISTRICT AND THE CITY OF VIRGINIA BEACH FOR FRAMEWORK FOR ASSESSING THE SEDIMENT AND NUTRIENT REDUCTION BENEFITS FROM DREDGING IN THE CITY OF VIRGINIA BEACH, VA THIS AGREEMENT, entered into this day of , 2014, by and between the United States of America (hereinafter called the "Government"), represented by the U.S. Army Corps of Engineers, Norfolk District Commander executing this Agreement, and the City of Virginia Beach (hereinafter called the "Sponsor"). WITNESSETH, THAT WHEREAS, the Congress has authorized the U.S. Army Corps of Engineers in Section 22 of the Water Resources Development Act of 1974 (Public Law 93-251) as amended to assist the States in the preparation of comprehensive plans for the development, utilization and conservation of water and related land resources; and whereas, Section 319 of the Water Resources Development Act of 1990 (Public Law 101-640) authorized the Government to collect from non -Federal entities fees for the purpose of recovering fifty (50) percent of the cost of the program; and, WHEREAS, the Sponsor has reviewed the State's comprehensive water plans and identified the need for planning assistance (hereinafter called "the study") as described in the Scope of Study (Appendix A) and Cost Estimate (Appendix B) incorporated into this Agreement; and, WHEREAS, the Sponsor has the authority and capability to furnish the cooperation hereinafter set forth and is willing to participate in the Study cost-sharing and financing in accordance with the terms of this Agreement; NOW THEREFORE, the parties agree as follows: 1. The Government, using funds contributed by the Sponsor and appropriated by the Congress, shall expeditiously prosecute and complete the study, currently estimated to be completed by 31 December 2014, substantially in compliance with the Scope of Study attached as Appendix A and in conformity with applicable Federal laws and regulations and mutually acceptable standards of engineering practice. 2. The Government and the Sponsor shall contribute in cash, fifty (50) percent and fifty (50) percent, respectively, for conduct of the Study, the total cost of which is currently estimated to be $50,000, as specified in the cost estimate attached as Appendix B. The Sponsor agrees to provide a check or an electronic wire transfer for its share of the study effort, made payable to FAO, USAED, Norfolk District, or its assigns, prior to any work being performed under this Agreement. 3. The Sponsor shall provide access to all property of the Sponsor necessary for the execution of this Agreement without cost or further obligation of the Government. 4. No Federal funds may be used to meet the local Sponsor's share of the Study costs under this Agreement unless the expenditure of such funds is expressly authorized by statute as verified by the Granting agency. 5. Before any Party to the Agreement may bring suit in any court concerning any issue relating to this Agreement, such Party must first seek in good faith to resolve the issue through negotiation or another form of non-binding alternate dispute resolution mutually acceptable to the Parties. 6. In the event that any one or more of the provisions of this Agreement is found to be invalid, illegal, or unenforceable, by a court of competent jurisdiction, the validity of the remaining provisions shall not in any way be affected or impaired and shall continue in effect until the Agreement is completed. 7. This Agreement shall become effective upon the signature of both Parties. For the Sponsor: For the Government: By: By: JAMES K. SPORE PAUL B. OLSEN City Manager Colonel, U. S. Army Commanding Title: City Manager Title: District Commander City of Virginia Beach Norfolk District Date: Date: I APPENDIX A SCOPE OF STUDY FOR FRAMEWORK FOR ASSESSING THE SEDIMENT AND NUTRIENT REDUCTION BENEFITS FROM DREDGING IN THE CITY OF VIRGINIA BEACH, VA I. Purpose/Scope: The purpose/scope of this study is to develop a framework for how to assess the sediment and nutrient movement from dredging of tributaries, specifically considering current TMDL requirements for these tributaries. This framework will be designed specifically for addressing this question in the City of Virginia Beach, for their current dredging projects. This framework can be applied in future study efforts through the Planning Assistance to States (PAS) program or independently by the City of Virginia Beach. II. Background Previous Related Studies In previous work through the Planning Assistance to States, Section 22 Program, the City of Virginia Beach and the U.S. Army Corps of Engineers (USACE), Norfolk District, have completed efforts to study the effectiveness of oysters to remove phosphorous and nitrogen through sequestration in tissue and shell materials. The goal was to develop information for use in defining the effectiveness of oysters as a means for meeting the Chesapeake Bay Total Maximum Daily Load (TMDL). With a similar goal, the City of Virginia Beach and the U.S. Army Corps of Engineers (USACE) completed a study effort to analyze the TMDL benefits of harvesting wetland plants, mainly invasive Phragmites, for nutrient reductions. USACE Norfolk District is currently conducting a General Investigation study for the City of Virginia Beach, the Lynnhaven River Basin Ecosystem Restoration Study. This study strives to evaluate ecosystem restoration within the Lynnhaven River Basin and develop a plan for ecosystem restoration for the present and future conditions for a 50 -year period. The Lynnhaven watershed covers a majority of the City of Virginia Beach, and the study effort considers measures of essential fish habitat restoration, submerged aquatic vegetation (SAV) restoration, reintroduction of Bay Scallop, and wetlands restoration. Additionally, USACE Norfolk District has worked with the City of Virginia Beach through the Section 704b program for oyster restoration within the Lynnhaven Watershed. These efforts have lead to restoration of 58 acres through construction and planting seed from 2007 to 2009. The most recent study conducted for the City of Virginia Beach, under the Planning Assistance to States Program, includes an evaluation of aquatic habitat restoration that could be implemented with the City's Neighborhood Dredging Program. Chesapeake Bay and Local TMDL Requirements The City must develop plans to comply with pollutant removal targets stemming from the Chesapeake Bay TMDL regulation and Executive Order 13508. Under the Chesapeake Bay TMDL, municipalities must reduce discharges of nitrogen, phosphorous, and sediment in their stormwater. Localities must select a number of Best Management Practices (BMPs) to meet the reduction targets. Existing Studies to Assess Dredging Benefits for Sediment and Nutrient Reductions Studies have been performed in other systems investigating the potential for sediment removal to improve water quality. In San Juan, Puerto Rico, dredging Cano Martin Pena was identified as a means of improving water quality via a reduction in sediment loading and increased flushing (Bunch et. al 2000). Chicago District is currently conducting a restoration study on the South Branch of the Chicago River, aka, Bubbly Creek, that involves removal of high organic matter sediment beds whose nutrient fluxes and gas releases degrade the overlying water column (Schroeder personal communication 2014). Both Cano Martin Pena and Bubbly Creek are examples of waterways which at one time were recipients of waste loadings which over time accumulated as sediments and now negatively impact overlying water's quality. Florida is currently undertaking dredging of portions of Indian River Lagoon to remove "muck" deposits whose releases disproportionately degrade water quality throughout the system (SJRWMD 2014, Sigua and Tweedale 2003). III. Tasks: 1) Conduct a limited literature review for information regarding nutrient movement by dredging. 2) Coordinate with USACE Engineering Research and Development Center (ERDC) for input into the best methods to model dredging benefits for nutrient reduction and what field data is required to verify this type of modeling. The main objective is to determine how to collect field data to show the removal or TMDL reduction benefit, if any, of sediments and nutrients from dredging. Factors that will be considered include: existing water column water quality, dredging material sediment physical properties and nutrient levels, sediment conditions at desired dredging depth, and tributary water quality nutrient and solids loadings. 3) Develop a framework, in a written report format, to compile findings and suggest the field sampling needed to assess the dredging benefits for nutrient reductions and review the models available to provide for a representation of the physical processes for movement of nutrients during dredging and disposal if this field data is collected. The framework will present alternatives for field data collection given different funding levels, and discuss the pros and cons of each alternative. This framework will be designed specifically for the City of Virginia Beach's dredging program. 4) The final report will be reviewed internally by the USACE project team and by the City of Virginia Beach. All comments will be addressed before the report is considered final. 1 IV. Deliverables: 1) The final report will be a framework for how to use field data collection and modeling to assess the nutrient reduction benefits associated with dredging, with alternatives for different funding levels for such research, and how to apply this framework to the City of Virginia Beach. 2) Up to five report copies and five CDs will be provided to the City of Virginia Beach upon conclusion of the study. References 1. Bunch, B. W., Cerco, C. F., Dortch, M. S., Johnson, B. H., and Kim, K. W. (2000). "Hydrodynamic and Water Quality Model Study of San Juan Bay Estuary," ERDC TR - 00 -1, U.S. Army Engineer Research and Development Center, Vicksburg, MS. 2. Schroeder, P. S. (2012) personal communication. 3. Sigua, G.C., and W. A. Tweedale. (2003) "Watershed scale assessment of nitrogen and phosphorus loadings in the Indian River Lagoon basin, Florida," Journal of Environmental Management (67), pp 363-372. 4. SJRWMD press release accessed 8/11/2014, "Board approved starting first phase of Indian River Lagoon dredging project," http://webapub. sjrwmd.com/agws 10/news_release/ViewNews.aspx?nrd=nrl4-071 1 APPENDIX B COST ESTIMATE FOR FRAMEWORK FOR ASSESSING THE SEDIMENT AND NUTRIENT REDUCTION BENEFITS FROM DREDGING IN THE CITY OF VIRGINIA BEACH, VA This project will be cost shared 50% Federal funds and 50% non -Federal funds. The Federal government costs will be $25,000 for the study and the non -Federal sponsor will provide $25,000 to USACE for a total project cost of $50,000. The breakdown of costs to complete this study is as follows: Tasks (Reference Section III) Cost Task 1 $10,000 Task 2 $20,000 Task 3 $15,000 Task 4 $5,000 Total Project Cost $50,000 CERTIFICATE OF AUTHORITY I, , do hereby certify that I am the principal legal officer of the City of Virginia Beach, that the City of Virginia Beach is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and the City of Virginia Beach in connection with the study for the Framework for Assessing the Sediment and Nutrient Reduction Benefits from Dredging in the City of Virginia Beach, VA, and to pay damages, if necessary, in the event of the failure to perform in accordance with the terms of this Agreement, as required by Section 22 of the Flood Control Act of 1970, Public Law 91-611 as amended (42 U.S.C. 1962d -5b) and that the persons who have executed this Agreement on behalf of the City of Virginia Beach have acted within their statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this day of 2014. MARK D. STILES City Attorney City of Virginia Beach 1 CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. JAMES K. SPORE City Manager City of Virginia Beach DATE: Item -VIII-L3c ORDINANCES/RESOLUTIONS -74- ITEM #64305 The following registered to speak: Barbara Messner advised this has been going back and forth since last year as it was first promised as open space and now it 's being purchased with Capital Improvement Program to make a right-hand turn onto General Booth Boulevard. Upon motion by Councilman Uhrin, seconded by Vice Mayor Jones, City Council ADOPTED, Ordinances and Resolution to AUTHORIZE: c. Acquisition of 3.94 ± acres at 1025 Eaglewood Drive from LMW Properties, LLC 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, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 18, 2014 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF 3.94+/- ACRES OF 3 PROPERTY LOCATED AT 1025 EAGLEWOOD 4 DRIVE (GPIN 2415-58-7078) FROM LMW 5 PROPERTIES, LLC 6 7 WHEREAS, LMW Properties, LLC ("LMW") owns 171,648 square feet (3.94+/- 8 acres) of property located at 1025 Eaglewood Drive in the City of Virginia Beach, Virginia 9 (the "Property"), as further described on Exhibit A, attached hereto and incorporated 10 herein; 11 12 WHEREAS, LMW desires to convey the Property to the City of Virginia Beach (the 13 "City") for $800,000; 14 15 WHEREAS, funding for the acquisition is available in the Various Site Acquisitions, 16 CIP 3-368 and CIP 3-139; and 17 18 WHEREAS, LMW has agreed to convey the Property to the City in accordance with 19 the Summary of Terms attached hereto as Exhibit B, and incorporated herein. 20 21 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 22 VIRGINIA: 23 24 1. That the City Council authorizes the acquisition of the Property by purchase 25 pursuant to § 15.2-1800 of the Code of Virginia (1950), as amended, which Property is 26 generally identified as 1025 Eaglewood Drive and further described on Exhibit A. 27 28 2. That the City Manager or his designee is further authorized to execute all 29 documents that may be necessary or appropriate in connection with the purchase of the 30 Property, so long as such documents are substantially in accordance with the Summary of 31 Terms attached hereto as Exhibit B and made a part hereof and containing such other 32 terms and conditions deemed necessary and sufficient by the City Manager and in a form 33 deemed satisfactory by the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18thday 36 of Novmeber , 2014. CA13109 R-1 PREPARED: 10/29/14 APPROVED AS TO CONTENT ).01111E4- C. cimJs4. BLIC WORKS, REAL ESTATE AP SU OVED AS TO LEGAL ICIENCY AND FORM ORNEY EXHIBIT "A" Legal Description of 1025 Eaglewood Drive All that certain lot, tract or parcel of land together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "PROPERTY OF LMW PROPERTIES, LLC INST. NO. 200302070019061 M.B. 8, PG. 48 GPIN: 2415-58-7078," and further designated and described as "PROPERTY TO BE ACQUIRED 171,648 Sq. Ft. OR 3.9405 Ac.," as shown on that certain plat entitled, "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM LMW PROPERTIES, LLC BY CITY OF VIRGINIA BEACH VIRGINIA BEACH, VIRGINIA," Scale: 1" = 60', dated October 8, 2014, prepared by Department of Public Works, Engineering Group, Survey Bureau, City of Virginia Beach, Virginia, to which reference is made for a more particular description. TOGETHER WITH all right, title and interest of the Seller, if any, in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above described property. EXHIBIT "B" SUMMARY OF TERMS OWNER: LMW Properties, LLC BUYER: City of Virginia Beach, VA PROPERTY: 1025 Eaglewood Drive (GPIN: 2415-58-7078) CONSIDERATION: $800,000 SOURCE OF FUNDS: Various Site Acquisitions (CIP 3-368) ADDITIONAL TERMS: • Acquisition is expressly conditioned upon executing an Agreement of Sale with the City and the satisfaction of all contingencies stated in such agreement. • Property must be conveyed free and clear of all liens, leases, and tenancies and rights of possession of any and all parties other than the City. • Settlement will be within 60 days of full execution of the Agreement of Sale, or as soon thereafter as is practicable. • Seller shall pay its own attorney's fees and costs, if any. • City shall bear the costs of preparation of closing documents and recording fees. I I Item -VIII-L3d ORDINANCES/RESOLUTIONS -75- ITEM #64306 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances and Resolution to AUTHORIZE: d. Acquisition of 0.85 ± acre parcel at 3380 Head River Road 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, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 18, 2014 1 AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION OF A 0.85± ACRE PARCEL OF 3 PROPERTY KNOWN AS 3380 HEAD RIVER 4 ROAD 5 6 WHEREAS, Walter R. Harold, Sr. and Janice S. Harold (the "Harolds") own a 0.85± 7 acre parcel of property located at 3380 Head River Road in the City of Virginia Beach, 8 Virginia (GPIN: 1389-43-5679) (the "Property"); 9 10 WHEREAS, the Harolds desire to sell the Property to the City of Virginia Beach (the 11 "City"), and the City desires to purchase the Property; 12 13 WHEREAS, funding for the purchase is available in Open Space Acquisitions, CIP 14 4-308.005; and 15 16 WHEREAS, the Harolds have agreed to convey the Property to the City for the 17 purchase price of $190,000, in accordance with the Summary of Terms attached hereto as 18 Exhibit A, and incorporated herein. 19 20 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 21 VIRGINIA: 22 23 1. That the City Council authorizes the acquisition of the Property by purchase 24 pursuant to § 15.2-1800 of the Code of Virginia (1950), as amended, which Property is 25 generally identified as 3380 Head River Road, Virginia Beach, Virginia, GPIN: 1389-43- 26 5679. 27 28 2. That the City Manager or his designee is authorized to execute all documents 29 necessary in connection with the purchase of the Property, so long as such documents are 30 in accordance with the Summary of Terms attached hereto as Exhibit A and made a part 31 hereof, and such other terms, conditions and modifications as may be acceptable to the 32 City Manager and in a form deemed satisfactory by the City Attorney. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day 35 ofNovember , 2014. CA13130 R-1 PREPARED: 11/4/14 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM Osinw - d to t,.. LIC WORKS, REAL ESTATE t2UQ& &i alt1 CITY ATTORNEY EXHIBIT A SUMMARY OF TERMS SELLER: Walter R. Harold, Sr. and Janice S. Harold BUYER: City of Virginia Beach PROPERTY: 0.85± acre parcel located at 3380 Head River Road (GPIN: 1389-43-5679) PURCHASE PRICE: $190,000 SOURCE OF FUNDS: Open Space Acquisition, CIP 4-308.005 ADDITIONAL TERMS: • Acquisition is expressly conditioned upon satisfaction of all contingencies stated in the Agreement of Sale. • Property must be conveyed free and clear of all liens, leases, tenancies and rights of possession of any and all parties other than the City. • Settlement will be within 90 days of full execution of the Agreement of Sale, or as soon thereafter as is practicable. • Seller shall pay his/her own attorney's fees and costs, if any. • City shall bear the costs of preparation of closing documents and recording fees. e. cc. x• Q: as Z) d 3; 0_ 0 0 U v 0 u� tL as u 0 0. 0. of c Item -VIII-L3e ORDINANCES/RESOLUTIONS -76- ITEM #64307 The following individuals registered to speak: Karen Forget, 1608 Pleasure House Road, Phone: 962-5398, Director of Lynnhaven River NOW, spoke in SUPPORT. Ms. Forget advised they have been partners with the City for the past twelve (12) years. This rezoning was approved by City Council a few weeks ago. She expressed appreciation for the City's continued support. The Center will only be operational on a seasonal basis and allow spat to grow on oysters and then placed in the river to encourage new oyster beds. They have had a tremendous amount of success in the northern part of the Lynnhaven River and are confident it will be successful in this part of the River as well. Ms. Forget assured City Council the intent is to be great neighbors and not be there to cause any problems to the residents or their property. Wayne McCoy, 1517 Mirasson Lane, Phone: 560-5780, spoke in SUPPORT. Mr. McCoy stated the Center will provide a tremendous amount of water quality benefits with little to no negative impact to the neighbors. Chris Ludford, 2405 Twin Lake Road, Phone: 663-6970, spoke in SUPPORT. Mr. Ludford is an Oyster Farmer and does not see the Center as "competition" but rather as a "partner". This Center will put more oysters in the water and the work can go hand-in-hand to help oyster production. The small and quiet operation far outweighs any concerns expressed by neighbors. Bob Magoon, 2148 Windward Shore Drive, Phone: 876-6067, spoke in SUPPPORT. Mr. Magoon is a resident of the City for over 50 years and has enjoyed living on the water. He advised the group has held many meetings to help neighbors understand the project and has made many concessions in order to be a good neighbor. Cathy Maston, 2237 Windward Shore Drive, Phone: 328-2658, spoke in SUPPORT. Ms. Matson advised the Proffers within the Zoning document provide neighbors assurances the Center will be well managed and maintained. The current site is vacant and has been for many years. This Center's added benefits will improve the area's waterways and is a "win-win "for everyone. Kal Kassir, 3069 Alpine Road, Phone: 647-2468, spoke in SUPPORT. Mr. Kassir is a 52 year resident of Bay Island and is one of the finest communities in the City. He chaired an ad hoc committee for Bay Island Civic League and has worked with neighbors, City Staff and Lynnhaven NOW to reach an agreement, which is memorialized and before Council for consideration. Ed Szilagyr, 2524 Broad Bay Road, Phone: 481-1403, spoke in OPPOSITION. Mr. Szilagyr is a supporter of Lynnhaven River NOW and what they are doing to restore oysters; however, he is opposed to the site of this Center. He advised the Center will be located as you drive onto the Island and takes away from the quality of life the neighborhood has grown accustom to. Dale Stahl, 2774 Broad Bay Road, Phone: 496-0634, spoke in OPPOSITION. Mr. Stahl asked City Council to consider this Center in a negative manner. Councilman Wood, along with City Staff attended the Civic League meeting in January and answered a number of questions; however, there were numerous Civic League Members that still objected to the Project. At the most current meeting, Ms. Forget advised there would be nothing sold at the site and yet the Agreement provides for sales to take place. Donald Edwards, 3464 Marabon Lane, 389-0199, spoke in OPPOSITION. Mr. Edwards advised he grew up on Bay Island and his family still lives on the Island. Mr. Edwards supports the work Lynnhaven River NOW is doing and acknowledges they are a big part of the reason the Lynnhaven River is seeing an November 18, 2014 Item -VIII-I.3e ORDINANCES/RESOLUTIONS -77- ITEM #64307 (Continued) increase in oyster production. However, there are three (3) other sites in the City that this Center could be located and requested the City take a look at those sites before approving this Center. Mr. Edwards expressed concern as the City is using taxpayer's money to fund this Center yet it will not be open for the public. He would like to see a Center open to the public in an effort to continue raising awareness and educate the Citizens. Joanne Filion, 2789 Broad Bay Road, Phone: 481-6858, spoke in OPPOSITON. Ms. Filion has lived on Bay Island for 13 years and her home is located right across the street from the proposed site. She too supports Lynnhaven River NOW; however, she does not want this Center right across from her home. She suggested the City look at alternative sites that would provide ample room to allow for field trips and be open to the public. Michael Farley, 2433 Spindrift Road, Phone: 496-0375, spoke in OPPOSITION. Mr. Farley supports Lynnhaven River NOW and what they are doing to increase the oyster population; however, he is opposed to the location. Dr. Constance Pozniak, 2413 Broad Bay Road, Phone: 481-7283, spoke in OPPOSITON. Dr. Pozniak has lived on Bay Island since 1985 and also supports the work of Lynnhaven River NOW; however, she is opposed to the location as the neighbors will be forced to sacrifice their property. Dr. Pozniak suggested this type of operation be conducted on a barge that can be moved to the area of the River where the oysters will be placed. Barbara Black, 2612 Broad Bay Road, Phone: 481-0000, spoke in OPPOSITION. Ms. Black has lived on Bay Island for 36 years and agrees the Center is a wonderful project; however, not at this location. The Bay Island Civic League met last night and 12 of the 14 homes closest to the site spoke in opposition to this location. Blair Hollowell, 2329 Leeward Shore Drive, Phone: 438-1109, spoke in OPPOSITION. Ms. Hollowell is also a resident of Bay Island and has invested a substantial amount of money into renovating their home. She expressed concern regarding the "open-ended" agreement as there is nothing that holds the Center accountable if they do not comply with the Proffers. She supports improving water quality but not when it diminishes the value of her home and the quality of her life. November 18, 2014 Item -VIII-L3e ORDINANCES/RESOLUTIONS -78- ITEM #64307 (Continued) Upon motion by Councilman Wood, seconded by Council Lady Ross -Hammond, City Council DEFERRED INDEFINATEL1', Ordinances and Resolution to AUTHORIZE: e. City Manager to EXECUTE an Operating Agreement with Lynnhaven River Now re the Lynnhaven Aquaculture Center on Broad Bay Road 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, Mayor William D. Sessoms, Jr., Amelia N Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 18, 2014 Item -VIII-L 4a ORDINANCES/RESOLUTIONS -79- ITEM #64308 The following registered to speak: Barbara Messner questioned the size of the area that is for approval as it is not uncommon to see entire paved front yards at the North End. Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council ADOPTED/CONDITIONED, Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property: a. David L. and Helen M. Bernd re modifying and maintaining an existing wall, paver parking court and driveway, sewer clean-out and walkway at 8010 Ocean Front Avenue DISTRICT 5- LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE a temporary encroachments into City - owned property to David L. and Helen M. Bernd re modfing and maintaining an existing wall, paver parking court and driveway, sewer clean-out and walkway at 8010 Ocean Front Avenue DISTRICT 5- LYNNHAVEN The following conditions shall be required: 1. It is expressly understood and agreed that the Temporary Encroachment 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. 2. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee and the Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. November 18, 2014 Item -VIII-L 4a ORDINANCES/RESOLUTIONS -80- ITEM #64308 (Continued) 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 7. 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"). 7. It is further expressly understood and agreed that prior to issuance of a right-of- way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two (2) times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 8. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500, 000, per person injured and property damage per incident combined with the City listed as an additional insured. The company providing the insurance must be registered 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 Encroachment. 9. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment 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 Encroachment, 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. 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 Encroachment is 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. November 18, 2014 -81- Item -VIII-L4a ORDINANCES/RESOLUTIONS ITEM #64308 (Continued) 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, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 18, 2014 I 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF EXISTING CITY 6 RIGHTS-OF-WAY KNOWN AS 81ST 7 STREET AND OCEAN FRONT AVENUE 8 LOCATED ADJACENT TO 8010 OCEAN 9 FRONT AVENUE 10 11 WHEREAS, David L. Bernd and Helen M. Bernd (the "Bernds") desire to 12 modify and maintain an existing concrete wall; reconstruct and maintain a paver parking 13 court and driveway; to install and maintain a sewer clean out or "SCO"; construct and 14 maintain a walkway with arbor cover into 81st Street; and to construct and maintain a paver 15 walkway and walkway cover into Ocean Front Avenue, which will be adjacent to 8010 16 Ocean Front Avenue. 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City's right-of-way subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, David L. and Helen M. Bernd, 27 their heirs, assigns and successors in title are authorized to modify and maintain an 28 existing concrete wall; reconstruct and maintain a paver parking court and driveway; to 29 install and maintain a sewer clean out or "SCO"; construct and maintain a walkway with 30 arbor cover into 81st Street; and to construct and maintain a paver walkway and walkway 31 cover into Ocean Front Avenue, in the City's right-of-way as shown on the map entitled: 32 "EXHIBIT 'A' ENCROACHMENT EXHIBIT LOT -1, BLOCK 15, CAPE HENRY SECTION D 33 (M.B.1, PG.8B) VIRGINIA BEACH, VIRGINIA," a copy of which is attached hereto as 34 Exhibit A, and on file in the Department of Public Works and to which reference is made for 35 a more particular description; 36 37 BE IT FURTHER ORDAINED, that the temporary encroachments are 38 expressly subject to those terms, conditions and criteria contained in the Agreement 39 between the City of Virginia Beach and the Bernds (the "Agreement"), an unexecuted copy 40 of which has been presented to the Council in its agenda, and will be recorded among the 41 records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and 1 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as the Bernds and the City Manager or his authorized designee execute the 47 Agreement. 48 18th 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 50 day of November , 2014. CA13106 R-1 PREPARED: 11/7/14 \\vbgov.com\dfsl \applications\citylawprod\cycom32\wpdocs\d009\p019\00159962.doc APPROVED AS TO CONTENTS PUBLIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM 2 I 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 26th day of September, 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DAVID L. BERND and HELEN M. BERND, 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 -1, BLOCK 15, CAPE HENRY SECTION D (MB1, PG 8b) VIRGINIA BEACH, VIRGINIA"; as shown on that certain plat entitled: "PLAN OF LOTS SITUATE IN PRINCESS ANNE CO., VA. LAID OUT BY CAPE HENRY SYNDICATE", and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 79, and being further designated, known, and described as 8010 Ocean Front Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to modify and maintain an existing concrete wall; reconstruct and maintain a paver parking court and driveway; to install and maintain a sewer clean out or "SCO"; construct and maintain a walkway with arbor cover into 81st Street; and to construct and maintain a paver walkway and walkway cover into Ocean Front Avenue, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (CITY RIGHT OF WAY — NO GPIN REQUIRED OR ASSIGNED) 2419-69-3049 GPIN; (8010 OCEAN FRONT AVENUE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City rights-of-way known as 81st Street and Ocean Front Avenue the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment 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 Encroachment. It is expressly understood and agreed that the Temporary Encroachment 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: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' (2 Sheets) ENCROACHMENT EXHIBIT LOT -1, BLOCK 15, CAPE HENRY SECTION D (M.B.1, PG.8B) VIRGINIA BEACH, VIRGINIA", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment 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 Encroachment. 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 Encroachment so as not to become unsightly or a hazard. 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"). It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 3 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 policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment 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 Encroachment; 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 Encroachment is 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. 4 ii IN WITNESS WHEREOF, David L. Bernd and Helen M. Bernd, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2014, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 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. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 STATE OF VA' CITY/COUNTY OF By David L. Bernd, Owner BY Helen M. Bernd, Owner The foregoing instrument was acknowledged before me this ' day of Jt.Pfembe.v , 2014, by David L. and Helen M. Bernd. NotarO'�� `Qo�� Nom. Notary Registration Number: 214- : 02 Q (Z:a02,w $ i G My Commission Expires: ///34/2-0/4- APPROVED //3a f 20/4, APPROVED AS TO CONTENTS brabEK 2614 DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 7 //KNOT ARe . \\‘‘•�\ APPROVED AS TO LEGAL SUFFICIENCY AND FORM DANA EYER, A • E CITY ATTORNEY EX CONCRETE STOOP & STEPS EX 48" WOOD w [X BLOCK WALL EX WOOD DECK MER/014N SOURCE (448. PG: Bb) 1111ELINE OF SECOND X FLOOR WOOD DECK I EX BLOCK WAL E 10" I �IIIU _NE 41.9"---, IEX BRICK WALL X `EX WM ' ` w OCEAN FRONT AVE (UNIMPROVED) (150' R/W) 5 0715'00" EPIN FOUND w/ CAP ' EX SUN- ROOM' -O' 10.2'150 3 4 4.5' 4.1 #8010 EX 2 -STY FR RESIDENCE N 0 -EX CONC °N' STOOP EX SCO EX 12' PINE 0 EX WATER SERV/CE LINE & EX WM TO BE ABANDONED BY CITY FORCES IN ACCORDANCE TO SECTION 4.9 OF THE CITY OF VIRGINIA BEACH DEPARTMENT OF PUBL/C UTILITIES DESIG STANDARDS MANUAL AT THE DEVELOPER'S EXPENS TEL PED EX CONC WALK WALL 1.9' OVER R \-EX 4"SS(PVC) EX SIGN 'BEACH ACCESS' EX SIGN 'DOG WASTE' EX SSMH RIM=9.25 INV=4.55 EX 21's TWNDE EX '0ST EX 10' ° MAGNOLIA EX 10' DECIDUO ° EX 10' CEDAR EX CON STOOP & STEPS EX HOLLY EX 12" HOLLY ° LOT -1 7,500 SQ. FT. OR 0.172 ACRES GP/N. 2419-69-3 049 o w EX SIGN BUSHES OVERGROWN -1 ii NO NG 1 WITH TREES\__ w z N EX OVERF�AD (0 = N O (UTILITY LINES MAILBOX Z w Q; EX HVAC UNIT EX CONCRETE COLUMN(TYP) Q�-PAVER STONES p DECK ° BLOCK °- 15 0 o_ LOT -2 (M.B. 1, PG. 8b) PIN: 2419-69-3054 110 PAVERS )o 0 ,p,3 EX 3 -STORY FRAME RESIDENCE SEX PP w/GUY WIRES // EX 22" �X. C DECIDUOUS° G TREE REMOVAL X/ DENOTES EX TREES 7\ TO BE REMOVED EX SCO 7 'lo cn la EX Q\ It' WM N 0715 EX 2" EX 21. DECIDUOUS DECIDUOUS W LOT -7 .B. 1, PG. 8b) SCALE: 1"=25' IN: 2419-69-2054 SHEET 1 OF 1 i 50.00' Landscape Architecture Land Surveying Civil Engineering wplsite.com 757.431.1041 242 MUSTANG WAIL STE 8 VIRG11IA BEACH, VA 23452 SHEET 1 OF 2 (EXISTING SURVEY) EXHIBIT 'A' ENCHROACHMENT EXHIBIT LOT -1, BLOCK 15, CAPE HENRY SECTION D (M.B. 1, PG. 8b) VIRGINIA BEACH, VIRGINIA date: 08/25/2014 I fb/pg: 987/78-79 & 975/73 file: 214-0146_ench exhibit.dwg ( plat ref.: C-135 proj. no.: 214-0146 CAD/chk: WJW/eag SED WALKWAY TH 14RBOR COVER 11.6 OCEAN FRONT A VE (UNIMPROVED) (150' R/W) PROPOSED PAVER WALKWAY S 0715'00 EpIN FOUND w/ CAP 50.00' *POSED PAVE PARKING COUR EX 48" WOOD wA WIRE FENCE PROPOSED SCO EX WOOD DECK CITY FORCES WILL INSTALL A 7" TYPE "K" COPPER PIPING TO MAIN WITH NEW 5/8" METER AT THE DEVELOPER'S EXPENSE; THE DEVELOPER WILL INSTALL 1 "(PVC) WATERLINE SERVICE LINE TO UNIT AT THE i iP R'S EXPENSE EX SIGN 'DOG WASTE' PROPOSED 1 " EX SSMH CORP STOP RIM=9.25 INV=4.55 PROPOSED CITY OF VIRGINIA BEACH PAVER DRIVEWAY APRON (PW DETAIL C-16) RENOVATE EX 1st & 2nd FLOOR PROPOSED Jrd FLOOR L/V/NG AREA a 0 EX B. >, (0WOUS 1 EX 12 PINE 0 0 K 0 0 0 _ BLOCK 15 LOT -2 HOLLY (M.B. 1, PG. 8b) 0 PIN: 2419-69-3054 PROPOSEDO 0 .0 0 0 .j -STORY BUILDING ADD/TION I Li_ PROPOS PROPOSED 2 -STORY ■ V." 11 BUILDING :EC%�u:; ADDITION EX 6• NOLLY fis w z a w uJ w LOT -1 W 7,500 SQ. FT. OR 0.172 ACRES N V CL GP/N.• 2419-69-3049 EX OVER AD o = N O h. (UTILITY LII ES MAILBOX w m EX PP w/GUY WIRES MER/O/AN SOURCE (M. B. 1, PG z �Bb) EX SCO EX L;' WM "N 0715'O EX 2' EX 21. DECIDUOUS DECIDUOUS W LOT -7 .B. 1, PG. 8b) SCALE: 1"=25' IN: 2419-69-2054 SHEET 1 OF 1 50.00' Landscape Architecture Land Surveying Civil Engineering wplsite.com 757.431.1041 242 MUSTANG 1RML STE 8 VIRGNIA BEAM, VA 23452 SHEET 2 OF 2 (IMPROVEMENT PLAN) EXHIBIT 'A' ENCHROACHMENT EXHIBIT LOT -1, BLOCK 15, CAPE HENRY SECTION D (M.B. 1, PG. 8b) VIRGINIA BEACH, VIRGINIA date: 08/25/2014 I fb/pg: 987/78-79 & 975/73 file: 214-0146_ench exhibit.dwg ' plat ref.: C-135 proj. no.: 214-0146 CAD/chk: WJW/eag EX CONCRETE STOOP & STEPS EX 48" WOOD w [X BLOCK WALL X EX WOOD DECK EX WATER SERVICE LINE & EX WM TO BE ABANDONED BY CITY FORCES IN ACCORDANCE TO SECTION 4.9 OF THE CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC UTILITIES DESIG STANDARDS MANUAL AT THE DEVELOPERS EXPENS EX SIGN 'BEACH ACCESS' EX SIGN 'DOG WASTE' EX SSMH RIM=9.25 INV=4.55 MER/014N SOURCE (4/.8. '"G 8b) EX LINE OF SECOND FLOOR WOOD DECK EX BLOCK WAL OCEAN FRONT A VE (UNIMPROVED) (150' R/W) S 07/51001ERN FOUND w/ CAP EX SUN ROOM' "0• 10.2'1S• � 4.5' 4.1 #8010 EX 2 -STY FR RESIDENCE CV EX CONC 6 STOOP EX SCO TREE REMOVAL X�// DENOTES EX TREES /\ TO BE REMOVED D( 10' ,, MAGNOLIA EX 10° DECIDUO ° SEX PP w/GUY WIRES PED EX CONC WALK WALL 1.9' OVER R \—EX 4"SS(PVC) EX 10' CEDAR EX CON STOOP & STEPS EX 6" HOLLY EX 12' HOLLY 0 LOT -1 7,500 SQ. FT. OR 0.172 ACRES GP/N.• 2419-69-3049 EX SIGN BUSHES OVERGROWN NO PARKING I WITH TREES EX OVER LAD UTILITY LINES EX SCO c/1 EX Q\ WM EX 22" EX C DECIDUOUS°. e .50 ° N 0715'O" W LOT -7 .B. 1, PG. 8b) SCALE: 1"=25' N: 2419-69-2054 SHEET 1 OF 1 EX 2" EX 21. DECIDUOUS DECIDUOUS EX HVAC UNIT EX CONCRETE COLUMN(TYP) Q. ----PAVER STONES 0 DECK O 0 0 0 BLOCK 15 LOT -2 (M.B. 1, PG. 8b) PIN: 2419-69-3054 11❑ 0'0 PAVERS .0 = o � o K� ❑ �F ❑ o EX 3 -STORY FRAME RESIDENCE MAILBOX LU Lu 0 1- z w w w g CC LAJ LO Z• V Ci— L.L10CD Z CV J m 50.00' Landscape Architecture Land Surveying Civil Engineering wplsite.com 757.431.1041 242 YIISTANG TRAIL STE 8 VIRGNA BEACH, VA 23452 SHEET 1 OF 2 (EXISTING SURVEY) EXHIBIT 'A' ENCHROACHMENT EXHIBIT LOT -1, BLOCK 15, CAPE HENRY SECTION D (M.B. 1, PG. 8b) VIRGINIA BEACH, VIRGINIA date: 08/25/2014 I fb/pg: 987/78-79 & 975/73 proj. no.: 214-0146 file: 214-0146_ench exhibit.dwg ' plat ref.: C-135 CAD/chk: WJW/eag P SP TH *POSED PAVE PARKING COUR EX 48" WOOD wA WIRE FENCE PROPOSED SCO EX WOOD DECK CITY FORCES WILL INSTALL A 1" TYPE "K" COPPER PIPING TO MAIN WITH NEW 5/e " METER AT THE DEVELOPER'S EXPENSE,' THE DEVELOPER WILL INSTALL 1 (PVC) WATERLINE SERVICE LINE TO UNIT AT THE / iP R' EXPENSE EX SIGN 'DOG WASTE' PROPOSED 1''EX SSMH CORP STOP RIM= 9.25 INV=4.55 - PROPOSED CITY OF VIRGINIA BEACH PAVER DRIVEWAY APRON (PW DETAIL C-16) MER/D/AN SOURCE (z /1 SED WALKWAY RBOR COVER 11.6' OCEAN FRONT A VE (UNIMPROVED) (150' R/W) PROPOSED PAVER WALKWAY S 0715'00" EPIN FOUND w/ CAP 24.0' 50.00' RENOVATE EX 1st & 2nd FLOOR PROPOSED .3rd FLOOR LIVING AREA 191 CZ'$ F u iu 03 O COEX SCO II O*) "V� cn o EX Q �. it' WM IX 10' ° MEGNOU4 EX 10" DECIDUO ° Q 3 f yPROPOSED 3 -STORY BUILDING ADD/TION Lt PROPOSED 2-STORY BUILDING ADDITION ° BLOCK 15 LOT -2 (M.B. 1, PG. 8b) PIN: 2419-69-3054 I x1 rel .11 LOT -1 DC HOLLY - 7,500 SQ. 'FT OR 0.172 ACRES GP/N.• 2419-69-3049 EX OVER �D 0 UTILITY LI ES MAILBOX J m IN EX PP w/GUY WIRES a w� —oz Lj cL vi VX w w o . • EX 22" DECIDUOUS° 50 Q0' I1 Landscape Architecture Land Surveying Civil Engineering wplsite.com 757.431.1041 242 MUSTANG TRAIL STE 8 WPM EACH, VA 23452 N 0715'00 " W LOT -7 .B. 1, PG. 8b) SCALE: 1"=25' IN: 2419-69-2054 SHEET 1 OF 1 EX 2" EX 21. DECIDUOUS DECIDUOUS 50.00' SHEET 2 OF 2 (IMPROVEMENT PLAN) EXHIBIT 'A' ENCHROACHMENT EXHIBIT LOT -1, BLOCK 15, CAPE HENRY SECTION D (M.B. 1, PG. 8b) VIRGINIA BEACH, VIRGINIA date: 08/25/2014 I fb/pg: 987/78-79 & 975/73 file: 214-0146_ench exhibit.dwg I plat ref.: C-135 proj. no.: 214-0146 CAD/chk: WJW/eag Item -VIII-L 4b ORDINANCES/RESOLUTIONS -82- ITEM #64309 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property: b. Chartway Federal Credit Union re constructing, operating and maintaining a lake fountain, stone dust path and gazebo at 5700 Cleveland Street and Interstate 264 DISTRICT 2 - KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE temporary encroachments into City -owned property to Chartway Federal Credit Union re constructing, operating and maintaining a lake fountain, stone dust path and gazebo at 5700 Cleveland Street and Interstate 264 (GPINs 1467-45-1727, 1467-45- 5721, 1467-45-8650) DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. 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 2. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee and that within thirty (30) days after the notice is given the Temporary Encroachments must be removed from the Encroachment Area by the Grantee and the Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. November 18, 2014 I Item -VIII-I.4b ORDINANCES/RESOLUTIONS -83- ITEM #64309 (Continued) 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. 7. It is further expressly understood and agreed that prior to issuance of a right-of- way/utility easement permit, the Grantee must post a bond, or other security, in the amount of two (2) times their Engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 8. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500, 000, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered 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. 9. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements as established by the City. 10. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a Registered Professional Engineer or a Licensed Land Surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a Registered Professional Engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. 11. It is further expressly understood and agreed 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. 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. November 18, 2014 -84 - Item -VIII-L 4b ORDINANCES/RESOLUTIONS ITEM #64309 (Continued) 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, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 18, 2014 1 AN ORDINANCE TO AUTHORIZE A 2 TEMPORARY ENCROACHMENT INTO A 3 PORTION OF A LAKE AND ADJOINING 4 LAND OWNED BY THE CITY OF VIRGINIA 5 BEACH LOCATED ADJACENT TO 5700 6 CLEVELAND STREET AND INTERSTATE 7 264 FOR CHARTWAY FEDERAL CREDIT 8 UNION 9 10 WHEREAS, Chartway Federal Credit Union desires to construct, operate and 11 maintain a lake fountain and mulch path, and to maintain an existing gazebo (the 12 "Encroachments") in and around a lake owned by the City of Virginia Beach (GPINs: 13 1467-45-1727, 1467-45-5721 and 1467-45-8650), located adjacent to 5700 Cleveland 14 Street and Interstate 264 (the "Lake Property"). 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon City 18 property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Chartway Federal Credit 25 Union, its assigns and successors in title are authorized to construct, operate and 26 maintain a temporary encroachment for a lake fountain, stone dust path, and to 27 maintain an existing gazebo, into a portion of City -owned property designated as 28 "LAKE PROPERTY OF CITY OF VIRGINIA BEACH" as shown on the exhibit plat 29 entitled "EXHIBIT B ENCROACHMENT EXHIBIT FOR THE BENEFIT OF PARCEL — C 30 AS SHOWN ON SUBDIVISION OF THE KOGER CENTER", a copy of which is 31 attached hereto as Exhibit A, and is on file in the Department of Public Works, to which 32 reference is made for a more particular description; and 33 34 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 35 subject to those terms, conditions and criteria contained in the agreement between the 36 City of Virginia Beach and Chartway (the "Agreement"), a summary of terms is attached 37 hereto as Exhibit B; and 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 40 is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 43 time as Chartway and the City Manager or his authorized designee execute the 44 Agreement. 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day 46 of November , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: c ltt&ii- 0.. (cavi)5k U IC WORKS /REAL CA12976 ESTATE TE J) CITY ATTORNEY \\vbgov.com\DFS 1Wpplications\CityLawProd\cycom32\W pdocs\D007\P019\00159470.doc R-1 November 6, 2014 PARCEL 'C' / (D.B. 2608, PG. 679) GPIN: 1467-36-1361 VARIABLE WIDTH PERMANENT / / PUBLIC UTILITY EASEMENT '®' / PARCEL 'AB' C �© �,0� (M.B. 205, PG. 38) GPIN: 1467-46-3886 I .\ \ PROPOSED -c*-:' - - , V LAKE LAKE - FOUN_ TA/N CLEVELAND ST (66' R/W) (D.B. 2608, PG. 679-680) I I PROPERTY OF CITY OF VIRGINIA BEACH , 170,11 (D.B. 1323, PG. 179) ittOP PROPOSED STONE DUST PATH INTER (F oRMERLY OOE 264 STATE WIDTH R /W) TOY AVE (50' R/W) (M.B. 34, PG. 11) 30"RAW WATER MAI N (S.H.P.B. 4, PG. 91) 10' PERMANENT PUBLIC UTILITY EASEMENT (M.B. 213, PG. 1) 20' PERMANENT PUBLIC UTILITY EASEMENT !VARIABLE WIDTH PERMANENT ' PUBLIC UTILITY EASEMENT 5' DRAINAGE EASEMENT (M.B. 213, PG. 1) PROP GREENWICH ROAD FLYOVER / DESCRIP710N RECORDATION GPIN 1 LOT -123 M.B. 34, P. 5 1467-3,-36 76 2 LOT -124 M.B. 34, P. 5 1467-36-4529 3 LOT -125 M.B. 34, P. 5 1467-36-5612 4 LOT -126 M.8. 34, P. 5 1467-36-5575 5 LOT -23 M.B. 98, P. 43 1467-36-6554 6 LOT -22 M.8. 98, P. 43 1467-36-7439 7 LOT -21 M.8. 98, P. 43 1467-36-8503 8 LOT -1 M.B. 34, P. 11 1467-46-7149 9 LOT -16 & LOT -17 M.B. 34, P. 11 1467-46-9118 10 LOT -15 M.B. 29, P. 65 1467-56-0049 11 PARCEL Al M.B. 257, P. 91 1467-56-7211 12 ADDITIONAL PROPERTY /N. 20130315000307440 1467-55-3559 1467-55-4743 13 LOT -2A IN. 20130315000307440 1467-55-2459 300 150 0 1--1(- GRAPHIC SCALE: 1A = 300' 300 600 900 Feet LEVELAND (60' R/W) (M.B. 116, PG. 42) (IN. 20130315000307440) Landscape Architecture Land Surveying Civil Engineering rpIe1te.com 757.431.1041 242 M=1RI . SIE 8 MIN 111 5452 JN: 213-0259 SHEET 1 OF 6 EXHIBIT A ENCROACHMENT EXHIBIT FOR THE BENEFIT OF PARCEL - C AS SHOWN ON SUBDIVISION OF THE KOGER CENTER PLAT RECORDED IN DEED BOOK 2608, PG. 679, IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA SCALE: r= 300' VIRGINIA BEACH, VIRGINIA FEBRUARY 27, 2014 PROPOSED PANEL LOCATION <15 my dna .z1 xd 3 meq\ , 7 � 3 Jou ��z 61 W $ Z>>i PARCEL 'C' (D.B. 2608, PG. 679) GPIN: 1467-36-1361 (2)INSULATED WATERPROOF OUNTAIN CABLES doa .si x31 9`fP Landscape Architecture Land Surveying Civil Engineering w te.com1 757.431.1041 2 MISUK N. SIE I NU#M B801,1103452 IN: 213-0259 75O'f EDGE OF WATER EXISTING GAZEBO TOP OF BANK LAKE PROPERTY OF wa CITY OF VIRGINIA BEACH a Q PROPOSED LAKE FOUNTAIN 50 (D.B. 1323, PG. 179) (S.H.P.B. 4, PG. 91) 25 0 50 100 Feet GRAPHIC SCALE SHEET 2 OF 6 EXHIBIT A ENCROACHMENT EXHIBIT FOR THE BENEFIT OF PARCEL - C AS SHOWN ON SUBDIVISION OF THE KOGER CENTER PLAT RECORDED IN DEED BOOK 2608, PG. 679, IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA SCALE: i'= 50' VIRGINIA BEACH, VIRGINIA FEBRUARY 27, 2014 awe W W 16.6 g—J 0 LAKE PROPERTY OF CITY OF VIRGINIA BEACH (D.B. 1323, P. 179) (S.H.P.B. 4, P. 91) EDGE OF WATER TOP OF BANK APPROXIMATE LOCATION OF PROPOSED STONE DUST PATH N 0 72" CLF 72" CLF ENCROACHMENT AGREEMENT (D.B. 2972, PG. 1706) NERSTATE q44 H� R/W) APPROXIMATE LOCATION OF PROPOSED STONE DUST PATH 72" CLF INTER (VAR MCRL STATE 0u� 2e4 I, 6LE. 411)77.1 IDTH R/W9 50 25 0 50 100 Feet GRAPHIC SCALE Landscape Architecture Land Surveying Civil Engineering w te.com 757.431.1041 2MUSING Alit SIE 8 MU BUCK N 23452 JN: 213-0259 SHEET 3 OF 6 EXHIBIT A ENCROACHMENT EXHIBIT FOR THE BENEFIT OF PARCEL - AS SHOWN ON SUBDIVISION OF THE KOGER CENTER PLAT RECORDED IN DEED BOOK 2608, PG. 679, IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA SCALE: i-= 50' VIRGINIA BEACH, VIRGINIA FEBRUARY 27, 2014 APPROXIMATE LOCATION OF PROPOSED STONE DUST PATH I PLYWOOD CLF CONCRETE FLUME Ir oRFRsrq T X (fromeze "u7( 264X WjpTy RAI) PROP GREENWICH ROAD FLYOVER APPROXIMATE LOCATION OF PROPOSED STONE DUST PATH 1 72" CLF i oR"St4 litlb / ( /1/4Rilker Ito .., Iltiii1 50 25 'VIVO 4 Id 1-9 r9 50 100 Feet GRAPHIC SCALE Landscape Architecture Land Surveying Civil Engineering r to com 757.431.1041 2 MISUVG 1R&L SIE 8 VIIfiM Mit M 23452 JN: 213-0259 SHEET 4 OF 6 EXHIBIT A ENCROACHMENT EXHIBIT FOR THE BENEFIT OF PARCEL - C AS SHOWN ON SUBDIVISION OF THE KOGER CENTER PLAT RECORDED IN DEED BOOK 2608, PG. 679, IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA SCALE: > •= 50' VIRGINIA BEACH, VIRGINIA FEBRUARY 27, 2014 1 1 1 PROP GREENWICH ROAD FLYOVER GPIN: 1467-55-3559 GPIN: 1467-55-4743 (M.B. 234, PG. 43) z 1 1 VARIABLE WIDTH PERMANENT PUBLIC UTILITY EASEMENT APPROXIMATE LOCATION OF PROPOSED STONE DUST PATH BRIDGE 9149 - R 264 /.0T\ R/I 72" CLF 50 25 0 50 5' DRAINAGE EASEMENT (M.B. 213, PG. 1) 30"RAW WATER MAIN CONCRETE FLUME tea, 1/E7 (NAV of 4l0 20,303 00030 ps 100 Feet 1440 ) GRAPHIC SCALE N Landscape Architecture Land Surveying 2Cw4siIIt&Een.McgoinmeeMLrig 8N16W785U731M.1230412 JN: 213-0259 SHEET 5 OF 6 EXHIBIT A ENCROACHMENT EXHIBIT FOR THE BENEFIT OF PARCEL - C AS SHOWN ON SUBDIVISION OF THE KOGER CENTER PLAT RECORDED IN DEED BOOK 2608, PG. 679, IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA SCA : i-= 50' VIRGINIA BEACH, VIRGINIA FEBRUARY 27, 2014 NOTE 1. NO ROOT PRUNING DURING PATH CONSTRUCTION. 2. 3'-5' FROM EDGE OF PATH SHALL BE CLEARED UP TO 8' IN HEIGHT OF TREE LIMBS. 3. TRAIL PATH SHALL NOT BE PREPARED WITH SUBGRADE COMPACTION TO PROTECT TREE ROOT ZONES. REMOVE OR TREAT EXISTING VEGETATION IN TRAIL PATH AS REQUIRED EXISTING FENCE 2" COMPACTED STONE DUST 4" COMPACTED RECYCLED CRUSHED CONCRETE (MEET VDOT 21-A GRADATION) 6' 10' MIN 1 STONE DUST PATH SHT 5I SCALE. NTS Landscape Architecture Lond Surveying Civil Engineering wp1site.com 757.431.1041 242 WING AOM. SIE 6 NM MAOI, M 23452 JN: 213-0259 SCALE: SHEET 6 OF 6 EXHIBIT A. - ENCROACHMENT EXHIBIT FOR THE BENEFIT OF PARCEL - C AS SHOWN ON SUBDIVISION OF THE KOGER CENTER PLAT RECORDED IN DEED BOOK 2608, PG. 679, IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA 1"= 50' VIRGINIA BEACH, VIRGINIA FEBRUARY 27, 2014 1 EXHIBIT B Summary of Terms Grantor: City of Virginia Beach ("City") Grantee: Chartway Federal Credit Union ("Chartway") Property: Lake and adjoining land, known as GPINs: 1467-45-1727, 1467-45- 5721 and 1467-45-8650, located adjacent to 5700 Cleveland Street and Interstate 264 Encroachment: Construct, operate and maintain a lake fountain, a stone dust path (approx. 6 ft. wide and 1,710 ft. long), and maintain an existing gazebo on the Property (the "Encroachments") Terms and Conditions: • Chartway shall remove the Encroachment within thirty (30) days after notice is given by the City. • City may remove the Encroachment immediately in the event of an emergency or public necessity. • Chartway shall bear all costs and expenses of removal of the Encroachment. • Chartway shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses, and expenses for any action arising out of the construction, location, or existence of the Encroachment. • Chartway shall maintain $500,000 liability insurance with the City as a named insured. • The Encroachments will not interfere with VDOT's ability to maintain Interstate 264. E C1_?J31-11M01 0 s Bureau 08/20/2014 0 a) (r) 0 0. 0.z (ID c c uJ .0 a) 0 / - Item -VIII-LS ORDINANCES/RESOLUTIONS -85- ITEM #64310 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, Ordinance to ESTABLISH Tidewater Medical Transport, LLC re an annual Emergency Medical Service (EMS) permit for private ambulance services 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, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent.• None November 18, 2014 1 A RESOLUTION TO APPROVE ESTABLISHMENT OF 2 TIDEWATER MEDICAL TRANSPORT, LLC IN VIRGINIA 3 BEACH AND TO APPROVE AN ANNUAL EMS PERMIT FOR 4 PROVIDING PRIVATE AMBULANCE SERVICES 5 6 WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must 7 approve the establishment of an emergency medical service organization in the City of 8 Virginia Beach; and 9 10 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 11 10.5-2 , any individual or organization that desires to operate an emergency medical 12 services agency or emergency medical services vehicles in Virginia Beach for emergency 13 transport or non -emergency transport purposes must apply for a permit; and 14 15 WHEREAS, a request for establishment and an application for a permit has been 16 received from Tidewater Medical Transport, LLC; and 17 18 WHEREAS, this request and application has been recommended for approval by 19 the Virginia Beach Department of Emergency Medical Services; and 20 21 WHEREAS, City Council finds the approval of this request and application is in the 22 best interests of the citizens of Virginia Beach as it will assure continued and adequate 23 emergency services and will preserve, protect and promote the public health, safety and 24 general welfare of the citizens. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the request of Tidewater Medical Transport, LLC for the establishment of its 30 emergency medical service in the City of Virginia Beach, and its application for an annual 31 EMS permit for providing private EMS ambulance services in the City of Virginia Beach is 32 hereby approved and granted, effective immediately and until June 30, 2015. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of 35 November ,2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Em rgency Medical Services CA13155 R-1 October 30, 2014 City Attorney's Office Item -VIII-I.6 ORDINANCES/RESOLUTIONS -86- ITEM #64311 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the City's date for satisfying the conditions re closing Lake Avenue, Oak Street and portions of Locust Crescent and Ellis Avenue 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, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 18, 2014 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN 3 THE MATTER OF CLOSING LAKE 4 AVENUE, OAK STREET, AND PORTIONS 5 OF LOCUST CRESCENT AND ELLIS 6 AVENUE 7 8 WHEREAS, on November 27, 2012, City Council acted upon the 9 application of the City of Virginia Beach (the "Applicant") for the closure of Lake Avenue, 10 Oak Street, and portions of Locust Crescent and Ellis Avenue, as shown on Exhibit A 11 attached hereto; 12 13 WHEREAS, on November 27, 2012, City Council adopted an Ordinance 14 (ORD -3262M) to close the aforesaid rights-of-way, subject to certain conditions being 15 met on or before November 26, 2013; 16 17 WHEREAS, on October 2, 2013, the Applicant requested an extension of 18 time to satisfy the conditions to the aforesaid street closure action, and on November 19 12, 2013, City Council adopted an Ordinance (ORD -3308B) approving the extension of 20 time to meet certain conditions to on or before November 26, 2014; and 21 22 WHEREAS, on October 14, 2014, the Applicant requested an additional 23 three (3) years to satisfy the conditions of the aforesaid street closure actions. 24 25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 26 Virginia Beach, Virginia: 27 28 That the date for meeting conditions of closure as stated in the Ordinance 29 adopted on November 27, 2012 (ORD -3262M), upon application of the City of Virginia 30 Beach, is extended to November 26, 2017. 31 32 33 18tIJay of November , 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on this APPROVED AS TO LEGAL SUFFICIENCY: r,Aiht-h City Attorne CA12984 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D030\PO16\00094442.DOC R-1 November 6, 2014 1 APPROVED AS TO CONTENT: FOR LOT OWNER INFORMATION FOR PARCELS IDENTIFIED AS O THROUGH (2, , SEE SHEET 2 OF 1 ,7,; CITY OF 1 I VIRGINIA BEACH LOCUST CRESCENT (VAR. R,./W) PARCEL A (D.B. 2397, PG 126'; I (FORMERLY ELM ST. -M.8.3, PG_1171-40' R/ W) 538'20'11"W i f i ', I S5136'06"E 9.81' �. 31 7 21' 11E TO P.I. 11 5.58' ,� -11,.-.L2 L_ ,d ti N;,- C!T ' OF NORFOLK "LAKE SMITH" GPIN 1469-62-7175 f BLOCK 2 -LAKESIDE O N.B. 3, PG. 171) 9 (J N CITY OF VIRGINIA BEACH ,S5i'40'11"E 299.61' ELLWS AVENUE ,.(50' R/W) ' .' (FORMERLY PINE ST.-M.B.3, PG.1711 N51'39'20"W 299.69' O BLOCK 3 - LAKESIDE (M.B. 3, PG, 171) PROPERTY LIN E BY CITY DEED 613 D.P. 51, PC. 10 S51'32'01"E 390.70' b r') VI w co < o 2_ 5ce O 5 5 I� LLo o0 0 ' /z r•a;777'i /,OAK STREET //,6217.-/..;',V„.41/ (40 R/VV)�// V-(M.B. 3, PG. 17i))/.i,.'/ / /-/� /N51'23'13N,-�� 192.17' / 124.17' -'^" i 15.27' N51'37' i 6i"4 316.34' OA. '1 STREET LINE AS SHOWN IN M.8.3, PG. 171 N/F CITY OF VIRGINIA BEACH PARCEL B INST. #20060706001024770(DEED) INST. #20060522000771350(PLA7) GPIN 1469-52-7035 MERIDIAN REFERENCE: VIRGINIA STATE PLANE COORDINATE SYSTEM SOUTH ZONE, NORTr-1 AMERICAN DATUM 1983,!1993 (HARK) (U.S. SURVEY FOOT) GRAPHIC SCALE 0 50 100 cn cn N 3491991.9219 E 12165498.3107 100 ri 1,/,/ AREA OF STREET CLOSURE 55.214 SF 1.2675 AC. LINE TABLE LINE BEARING DISTANCE L1 N38'20'40"E 49.95' L2 N51'37' 16"W _ 75.00' L3 N38'23'54"E 39.96' 14 1 N36'48'17"W, 136.86' L5 S25'16'43"W I 35.93' 200 EXH BIT SHOWING A CLOSURE OF A PORTION OF LOCUST CRESCENT (FORMERLY ELM STREET - M.B. 3, FG, 2 I' R & ,. PORTION OF ELLIS AVENUE !COC ERL`J PINE STREET - 1 B '1 Pn \� .Ir � � PINE STREET M.B. - 'a. AND .A CLOSURE OF LAKE AVENUE ANC OAK STREET: (M.2. PC. 17 1) VIRGINIA. PEACH. ','IRCCINIA H a 7 7S i i i..'4 5. M -,,:17H 70. (DiFEET ) 1 inch = tOO ft. i�L`T H (MOTH: F. . L TCH .R '' Lir:. No. 2;15 : a • 14-44444 SlHTET 1 OF 2 TFF `, aI6 ' NOVEMBER 7, 2011 a.;_1 Sur vAr: . Mann rs. Laand2oc;)r? Arr'llt'_Ci`;. 410 NORTH CENTEE DRIVE. 31,117 100 r 3 ' Norfolk, ` ,i 23502 1- 757.497.7472 ' 737 .2.1.7.026 TF F 6700-1-14 EXHIBIT A (Page 1 of 2) P A OyVI'EP L:DT177.3 9, 10 — ELOC'K N1 CITY OF VIRGINIA BEACH INST. #20060706001024770 (DEED) INST. 020060522000771380 (PLAT) CPIN 14.69-52-4486 LOT 11 — BLOCIK N/F CIT' OF VIRGINIA BEACH INST. #20081120001335970 M.B. 3, PC. 171 GPIN 1469-52-5403 ) LOTS 12— 20 — BLOCK 2 N/F CITY �� OF VIRGINIA BEACH INST. #20060706001024770 (DEED) INST.#20060522000771420 (PLAT) GPIN 1469-52-6306 A PORTION OF LOTS 23, 24, 25 & 26 — BLOCK 2 N/F CTY OF VIRGINIA BEACH IN ST.#20060706001024770 (DEED) IN ST.20060522000771400 (PLAT) CPIN 1469-52-5486 n A PORTION OF LOT 27 — BLOCK 2 N/F CITY OF VIRGINIA BEACH IN ST.#20060706001024770 (DEED) INST.#20060522000771400 (PLAT) GPIN 1469-52-6433 (F LOTS 28, 29 — BLOC: 2 N/F AUGUSTUS COSTON D.B. 96, PG. 79 M.B. 3, PG. 171 CPIN 1469-52-6482 LOTS 30, 31 — BLOCK 2 N/F CITY OF VIRGINIA. BEACH INST.#20060706001 024770 (DEED) INST.#2006052200077 i 410 (PLAT) GPIN 1469-52-7421 LOT 32 — BLOCK 2 N/F CITY OF VIRGINIA BEACH INST.#20080619000727770 M.B. 3, PG. 171 GRIN 1469-52-7336 (i) PARCEL 7/F CIT" OF VIRGINIA BEACH INST.#20060706001024770 (DEED) INST.#20060522000771350 (FLAT) GP: -til 1469-52-9638 F;HZET 01 rnxn: TFr-�-: rDFi`i71FIE7 PARCE_ OWNER LAKE SMITH N;/7 0I7Y OF NORFOLK INST.,#, 2006052200077'1350 (FLAT) D.B. 51 PG. 10 CPIN 1469-62-7175 (K? LOTS 21-32 — BLOCK 3 N/F CITY OF VIRGINIA BEACH INST.#20060706001024770 (DEED) INST.; 20060522000771390 (PLAT) GPIN 1469-52-4277 A PORTION OF LOTS 1-8, AND ALL OF LOTS 9-19 — BLOCK N/F CITI' OF VIRGINIA BEACH INST.#20060706001024770 (DEED) INST.#20060522000771390 (PLAT) CPIN 1469-52-3280 tii LOT 20 — BLOCK 3 N/F CIN OF VIRGINIA BEACH INST.#20050706001024770 (DEED) INST.#20060522000771390 (PLAT) GPIN 1459-52-5130 EXHIBIT SHOWING A CLOSURE OF A PORTION OF LOCUST CRESCENT (FORMERLY ELM STREET — M.B. PC. 171) A PORTION OF ELLIS AVENUE (FORM -R1 Y FINE STREET — M.B. 3, PG. 1 7 I ) AND A CLOSURE OF LAKE AVENUE AND OAK STREET (M.E. 3, PG. 17 1) Enaineer5. I_anascae ,Anhilec`s, 0 NORTH C.Ei, 7 F P DPIVE, 3UITT 100 NorfrA, I.502 3 i_ . 757 1-97 7.172 F 7 4J7 0,—)J Lntc. YC. EXHIBIT A (Page 2 of 2) Item -VIII-L 7a ORDINANCES/RESOLUTIONS -87- ITEM #64312 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT and APPROPRIATE: a. $121,707 from the Veterans Administration Supportive Housing Program to the Department of Housing and Neighborhood Preservation re housing vouchers to Homeless Veterans 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, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 18, 2014 1 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS TO PROVIDE HOUSING VOUCHERS TO 3 HOMELESS VETERANS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $121,707 from the Veterans Administration Supportive Housing Program (a 9 partnership between the Veterans Administration and the Department of Housing and 10 Urban Development) is hereby accepted and appropriated, with estimated federal 11 revenue increased accordingly, to the FY2014-15 Operating Budget of the Department 12 of Housing and Neighborhood Preservation to assist homeless veterans with housing 13 vouchers. Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day of November , 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: M. nagement Serviced y rgy's Office CA13153 R-1 October 17, 2014 Item -VIII--L 7b ORDINANCES/RESOLUTIONS -88- ITEM #64313 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT and APPROPRIATE: b. $26,569 to Department of Housing and Neighborhood Preservation re the Federal Home Program regulations 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, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 18, 2014 1 AN ORDINANCE TO APPROPRIATE FUNDS TO 2 THE DEPARTMENT OF HOUSING AND 3 NEIGHBORHOOD PRESERVATION FOR THE 4 HOME PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $26,569 is hereby appropriated, with estimated HOME Program revenues 10 increased accordingly, to the FY 2014-15 Operating Budget of the Department of 11 Housing and Neighborhood Preservation to be used in accordance with the Federal 12 HOME Program regulations. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of November , 2014. APPROVED AS TO CONTENT: CA13158 R-1 November 5, 2014 APPROVED AS TO LEGAL SUFFICIENCY: Item -VIII-L 7c ORDINANCES/RESOLUTIONS -89- ITEM #64314 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT and APPROPRIATE: c. $1, 000 donation from the Walmart Foundation to the Fire Department re purchasing supplies and equipment needed by the Community Emergency Response Team (CERT) Program 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, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 18, 2014 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 DONATION TO THE FIRE DEPARTMENT FOR THE CERT 3 PROGRAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That a $1,000 donation from the Walmart Foundation is hereby accepted and 9 appropriated, with revenues increased accordingly, to the FY 2014-15 Fire Department 10 Operating Budget to purchase supplies and equipment needed by the Community 11 Emergency Response Team or CERT program. Adopted by the Council of the City of Virginia Beach, Virginia on the November 2014. 18thday of Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CA13148 R-1 October 14, 2014 Item -VIII-I.8 ORDINANCES/RESOLUTIONS -90- ITEM #64315 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the TRANSFER of underlying fee interest of a portion of Northampton Boulevard to the City of Norfolk re weir maintenance Voting: 10-1 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent.' None November 18, 2014 1 AN ORDINANCE APPROVING AND 2 AUTHORIZING THE TRANSFER OF THE 3 UNDERLYING FEE INTEREST OF A 5.856- 4 ACRE PORTION OF NORTHAMPTON 5 BOULEVARD TO THE CITY OF NORFOLK 6 FOR THE PURPOSE OF WEIR MAINTENANCE 7 8 WHEREAS, in 2012 the Commonwealth of Virginia conveyed a portion of the 9 Northampton Boulevard right-of-way (the "Right -of -Way") to the City of Virginia Beach 10 (the "City"); 11 12 WHEREAS, the City of Norfolk ("Norfolk") owns and maintains Little Creek 13 Reservoir and Lake Smith (the "Lakes"), portions of which are located within the City; 14 15 WHEREAS, a weir separating the Lakes is located within the boundaries of the 16 Right -of -Way, and Norfolk desires to obtain the underlying fee interest to that portion of 17 the Right -of -Way encompassing the weir (the "Weir Property") for the purposes of repair 18 and maintenance to the weir; 19 20 WHEREAS, City staff agrees that it would be in the best interest of the City to 21 convey the underlying fee interest of the Weir Property to Norfolk, subject to the City's 22 perpetual public right-of-way and easement for maintenance and repair of the paved 23 area of the Weir Property. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council, subject to acceptance by the City of Norfolk, authorizes the 29 transfer of the underlying fee interest of that 5.856 -acre portion of Northampton 30 Boulevard right-of-way (the "Weir Property") shown on Exhibit A, attached hereto and 31 made a part hereof, to the City of Norfolk. 32 33 2. The City Manager, or his designee, is hereby authorized to execute any and all 34 documents to complete such transfer, so long as such documents are in substantial 35 conformity with the Summary of Terms attached hereto as Exhibit B, and made a part 36 hereof, and such other terms, conditions or modifications as may be acceptable to the 37 City Manager and in a form deemed satisfactory by the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day 40 of November , 2014. APPROV AS TO CONTENT: APPROVED AS TO LEGAL SUFFIC Y: 0416 Pu is orks / Engineering City At o ey CA12938 \\vbgov. com\DFS 1 \Applications\CityLawProd\cycom32\W pdocs\D004\P017\00114016. DOC R-1 November 7, 2014 01 ua3doad \ 0) ONIMOHS 1Vld { 03A3AJ00 38 01 A183d08d 'b 3NI3 AVM -10-1H018 0 / e 'DV 908'0 Lo '7j 'bS 001'000 'DV 908'0 Jo '7j 'bS 001'000 3781/1 v3 v IA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD ,983/,mc9 711) § EXHIBIT A I EXHIBIT B SUMMARY OF TERMS APPROVE AND AUTHORIZE THE TRANSFER OF THE UNDERLYING FEE INTEREST OF A 5.856 -ACRE PORTION OF NORTHAMPTON BLVD. TO THE CITY OF NORFOLK Parties: Property: City of Virginia Beach (the "City") City of Norfolk ("Norfolk") Underlying fee interest of a 5.856 -acre portion of the Northampton Blvd. right-of-way, located between Lake Smith and Little Creek Reservoir Description: • The City to transfer the Property to Norfolk for the purpose of repair and maintenance of a weir that separates Lake Smith and Little Creek Reservoir. • No consideration for the transfer of the Property. • Transfer of the Property will not change the current operation and use of the Northampton Blvd. right-of-way. • The City to retain a perpetual public right-of-way, together with all rights necessary for maintenance, reconstruction, repair and regulation of the paved area of the Northampton Blvd. right-of-way. • Norfolk will be responsible for the repair and maintenance of the weir and surrounding areas (except the paved road). 1 Item -VIII-J PLANNING -91- ITEM #64316 1. GALLEON INVESTORS XII, LLC ENLARGEMENT OF NON- CONFORMING USE 2. BURNETTE CAPITAL INVESTMENTS, LLC and REED ENTERPRISES, INC. 3. EVERGREEN VIRGINIA, LLC 4. ARACELI T. MARCIAL and BYLER ENTERPRISES 5. KINGDOM INVESTING OUTREACH CENTER and A. Y. ASSOCIATES, LLLP 6. FIVE MILE STRETCH, LLC 7. THE STUDIO HAMPTON ROADS, LLC and NORTH LANDING INVESTMENTS, LLC 8. CITY OF VIRGINIA BEACH ORDINANCE MODIFICATION OF PROFFERS/ CONDITIONAL USE PERMIT MODIFICATION OF PROFFERS/ MODIFICATION OF CONDITIONS CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING AMEND CITY ZONING November 18, 2014 I -92- Item -VIII-J PLANNING ITEM #64317 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, AS MODIFIED (MAYOR SESSOMS ABSTAIN), 2a/b(COUNCILMAN MARTIN ABSTAIN), 3a/b(MAYOR SESSOMS ABSTAIN), 4, 5, 7 and 8a(COUNCIL LADY HENLEY and COUNCILMAN MOSS VERBAL NAY)/b(INDEFINATELY DEFER) of the PLANNING AGENDA. 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, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 18, 2014 -93 - Item —VIII -J.1 PLANNING ITEM #64318 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council, APPROVED AS MODIFIED and CONDITIONED, BY CONSENT, Application of GALLEON INVESTORS XII, LLC for the enlargement of a Non -Conforming Use at 231 68`x' Street DISTRICT - 5 LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of GALLEON INVESTORS XII, LLC for the enlargement of a Non -Conforming Use at 231 68`x' Street (GPIN 2419643497) DISTRICT - 5 LYNNHAVEN The following conditions shall be required: 1. The site and exterior appearance of the dwellings shall be developed substantially in accordance with the submitted Plan entitled "Non- conforming Use Exhibit ", dated November 4, 2014, and prepared by WPL. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. Architectural Plans for the exterior of the dwellings shall be submitted to the Current Planning Division for review and approval by the Planning Director prior to building permits for the dwellings being sought. Said Plans shall depict materials and colors. 3. The existing dune feature on the site shall be retained in a natural state to the maximum extent practicable. 4. Existing live oak trees, located outside of the building footprints of the proposed dwellings as well as the pine trees along the eastern property line, shall be retained to the maximum extent practicable. The limits of construction shall be delineated on the site to protect the integrity of each tree 's root system. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighteenth day of November, Two Thousand Fourteen November 18, 2014 -94 - Item -VIII-J.1 PLANNING ITEM #64318(Continued) Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent.• None Council Members Abstaining: Mayor William D. Sessoms, Jr. November 18, 2014 1 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 231 68th STREET 4 5 WHEREAS, Galleon Investors XII, LLC, (hereinafter the "Applicant") has made 6 application to the City Council for authorization to enlarge a nonconforming use located 7 at 231 68th Street in the R -5R Residential Resort District by replacing a nonconforming 8 single-family dwelling and garage apartment with two single-family dwellings; and 9 10 WHEREAS, this lot currently contains two dwelling units, which are not currently 11 allowed in the R -5R Residential Resort District; and 12 13 WHEREAS, the dwellings were built prior to the adoption of the applicable zoning 14 regulations and are therefore nonconforming; and 15 16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 17 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 18 City Council authorizing such action upon a finding that the proposed use, as enlarged, 19 will be equally appropriate or more appropriate to the zoning district than is the existing 20 use; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby finds that the proposed use of the lot, as enlarged, 26 will be equally appropriate to the district as is the existing nonconforming use under the 27 conditions of approval set forth herein below. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA: 31 32 That the enlargement of the nonconforming use is hereby authorized, upon the 33 following conditions: 34 35 1. The site and exterior appearance of the dwellings shall be developed 36 substantially in accordance with the submitted plan entitled "Non - 37 conforming Use Exhibit" dated November 4, 2014 and prepared by WPL. 38 Said plan has been exhibited to the Virginia Beach City Council and is on 39 file in the Planning Department. 40 41 2. The architectural plans for the exterior of the dwellings shall be submitted 42 to the Current Planning Division for review and approval by the Planning 43 Director prior to building permits for the dwellings being sought. Said plans 44 shall depict materials and colors. 45 1 46 3. The existing dune feature on the site shall be retained in a natural state to 47 the maximum extent practicable. 48 49 4. Existing live oak trees located outside of the building footprints of the 50 proposed dwellings, as well as the pine trees along the eastern property 51 line, shall be retained to the maximum extent practicable. The limits of 52 construction shall be delineated on the site to protect the integrity of each 53 tree's root system. Adopted by the Council of the City of Virginia Beach, Virginia, on the of November , 2014. 18th day APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CA13161 R-1 November 7, 2014 City Attorney's Office 2 WILLIAM D. SESSOMS, JR. MAYOR In Reply Refer to 0053479 City of Virgiriia Beach November 18, 2014 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: VBgov.com MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 385-4581 FAX (757) 385-5699 wsessoms@vbgov.com Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Galleon Investors XII, LLC for the enlargement of a non- conforming use at 231 68th Street. 2. Although it does not appear that TowneBank has any loans for which the property at issue serves as collateral, TowneBank does have a financial relationship with the applicant. 3. I am an officer of Towne Financial Services, which is an affiliate of TowneBank and is located at 600 22nd Street in Virginia Beach. 4. Although it appears that it would speculative to conclude that TowneBank would realize a benefit or detriment as a result of the vote, I am nevertheless abstaining from voting on this application. I Mrs. Ruth Hodges Fraser -2- November 18, 2014 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, /t' William D. Sessoms Mayor WDS/RRI -95 - Item -VIII-J.2a/b PLANNING ITEM #64319 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council, MODIFIED, AS PROFFERED and CONDITIONED, BY CONSENT, Applications of BURNETTE CAPITAL INVESTMENTS, LLC and REED ENTERPRISES, INC. at South Plaza Trail and Princess Anne Road DISTRICT 3 - ROSE HALL a. Modification of Proffers of the Conditional Zoning Agreement (approved March 27, 2012) b. Conditional Use Permit (self -storage facility) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications of BURNETTE CAPITAL INVESTMENTS, LLC and REED ENTERPRISES, INC. at South Plaza Trail and Princess Anne Road (GPIN 1476602957) DISTRICT 3 - ROSE HALL a. Modification of Proffers of the Conditional Zoning Agreement (approved March 27, 2012) subject to: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. b. Conditional Use Permit (self -storage facility) subject to: The following conditions shall be required: 1. Any freestanding sign associated with this site shall be monument style and limited to eight (8) feet in height. 2. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded and focused way from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. No pole -mounted lighting shall be utilized on the Southern (rear) half of the property. Only building -mounted or fence - mounted pack lights may be used. 3. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed Site Plan review. Said Plan shall include the location of all pole - mounted and building -mounted lighting fixtures and the listing of lamp type, wattage and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The Plan shall include provisions for implementing low-level security lighting for non -business hours. November 18, 2014 Item -VIII-J.2a/b PLANNING -96- ITEM #64319 (Continued) 4. No outdoor vending machines and/or display of merchandise shall be allowed. S. Any dumpster on the site shall not be tipped between the hours of 9:00 P.M. and 7:30 A.M. 6. No bulk storage shall be permitted on the site at any time. There shall be no exterior storage of motorized vehicles or inoperable vehicles on the property. 7. Other than the ingress/egress point, streetscape landscaping shall be installed along the entire length of the South Plaza Trail frontage. 8. The number of parking spaces on the site cannot exceed the number depicted on the Plan unless additional spaces are allowed by the Planning Director as provided for by Section 203(b)(9) of the Zoning Ordinance. 9. As required by the Zoning Ordinance, drive aisles shall be limited to twenty-six (26) feet in width. 10. As depicted on the exhibit referenced in Proffer 1, a buffer with a minimum width of thirty (30) feet along the rear property line and twenty (20) feet along the Northern property line, both adjacent to the existing A-12 zoned properties, shall be installed with Category IV screening as described by the City of Virginia Beach Landscaping Guide. 11. No doors shall be permitted along the rear of the building unless otherwise required by the Building Official's Office. 12. The self -storage units shall be used only for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings or any other purpose not consistent with the storage of goods. 13. No barbed wire or razor wire shall be installed on the roof or walls of the building or on any fence on the property This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighteenth day of November, Two Thousand Fourteen November 18, 2014 Item -VIII-J.2a/b PLANNING Voting: 10-0 Council Members Voting Aye: -97- ITEM #64319 (Continued) Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent.• None Council Members Abstaining: Brad Martin November 18, 2014 BRAD MARTIN, P.E. COUNCILMAN - AT LARGE In Reply Refer to 0053451 City of Virginia 1E3 each November 18, 2014 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Section 2.2-3115(F), Code of Virginia Dear Mrs. Fraser: VBgov.com PHONE: (757) 689-4840 CELL: (757) 574-5454 BMartin@vbgov.com Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(F), Code of Virginia, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on Burnette Capital Investments, LLC's application for (1) a modification of proffers of a conditional zoning agreement; and (2) a conditional use permit for a self -storage facility. The site is owned by Reed Enterprises, Inc. and is located on the east side of South Plaza Trail, 300 feet northeast of its intersection with Princess Anne Road. 2. I have a personal interest in Martin Engineering, LLC, which is located at 1060 Lynnhaven Parkway, Suite 111, Virginia Beach, VA 23452. 3. Martin Engineering, LLC, is a service provider for this project. 4. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 2401 COURTHOUSE DRIVE, SUITE 281, VIRGINIA BEACH, VA 23456 Mrs. Ruth Hodges Fraser -2- November 18, 2014 Re: Abstention Pursuant to Section 2.2-3115(F), Code of Virginia Thank you for your assistance in this matter. Sincerely, Brad D. Martin Councilmember BDM/RRI -98 - Item -VIII-J.3a/b PLANNING ITEM #64320 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council, MODIFIED, AS PROFFERED and CONDITIONED, BY CONSENT, Applications of EVERGREEN VIRGINIA, LLC (approved October 24, 2006) at 5301 Virginia Beach Boulevard DISTRICT 2- KEMPSVILLE a. Modification of Proffers of the Conditional Zoning Agreement b. Modification of Conditions of a Conditional Use Permit (motor vehicle sales and service) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications of EVERGREEN VIRGINIA, LLC (approved October 24, 2006) at 5301 Virginia Beach Boulevard (GPIN 1467664306) DISTRICT 2- KEMPSVILLE a. Modification of Proffers of the Conditional Zoning Agreement subject to: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. b. Modification of Conditions of a Conditional Use Permit (motor vehicle sales and service) The following conditions shall be required: 1. Evergreen shrubs, planted a minimum of four (4) feet on center and a minimum height of three (3) to four (4) feet at the time of installation, shall be planted along the Southern property line where the site abuts the adjacent office development site. 2. All garage doors shall remain closed other than for the maneuvering of vehicles in and out of service bays. 3. All parking lot lighting shall be directed inward and shall not reflect toward the adjacent properties and public rights-of-way. A Photometric Plan shall be submitted for Development Services Center at Development Site Plan Review. 4. The entire parking lot must be striped in accordance with City Code requirements and Americans with Disabilities Act regulations. All parking spaces and display areas must be clearly delineated on the final Site Plan. 5. No loudspeakers or any other outdoor speaker system shall be permitted on site. 6. No vehicles for sale or rent shall be parked and/or displayed within any portion of the public rights-of-way. November 18, 2014 Item -VIII-J.3a/b PLANNING -99- ITEM #64320 (Continued) 7. With the exception of any modification required by other conditions of this Use Permit or as a result of the development Site Plan review process, the site shall be developed in substantial conformance to the submitted Site Plan entitled, "CONCEPTUAL SITE LAYOUT PLAN OF CHECKERED FLAG TOYOTA, VIRGINIA BEACH, VIRGINIA", dated July 1, 2014 and prepared by MSA, P.C. 8. With the exception of any modifications required by any other conditions of this Use Permit or as a result of the formal permitting process, the building canopy shall substantially conform to the design shown on the building elevations entitled, "EXTERIOR BUILDING ELEVATIONS CHECKERED FLAG TOYOTA SERVICE ADDITION," dated August 14, 2014, and prepared by Lyall Design Architects. The color of the canopy shall be a combination of red, white and/or gray to match the color scheme of the existing sales center. 9. With the exception of any modifications required by any other conditions of this Use Permit or as a result of the formal permitting process, the building addition shall substantially conform to the design shown on the building elevations entitled, "EXTERIOR BUILDING ELEVATIONS CHECKERED FLAG TOYOTA SERVICE ADDITION," dated August 14, 2014 and prepared by Lyall Design Architects. 10. The building height of the service area addition shall not exceed thirty-five (35) feet. 11. Use of all service areas shall be limited to normal operating hours. 12. The automated car wash shall adhere to the following: a. Building height shall be limited to thirty-five (35) feet b. The exterior building colors shall be neutral and match those of the existing front facade of the sales, service and rental building c. No use by the general public of the car wash shall be permitted d. Use shall be limited to normal operating hours e. No exterior building signage for advertising purposes shall be permitted on the exterior of the car wash building This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighteenth day of November, Two Thousand Fourteen November 18, 2014 -100- Voting: 10-0 Council Members Voting Aye: Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None Council Members Abstaining: Mayor William D. Sessoms, Jr. November 18, 2014 WILLIAM D. SESSOMS, JR. MAYOR In Reply Refer to 0053481 City of Vires; irlia 1 leach November 18, 2014 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: VBgov.com MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 385-4581 FAX (757) 385-5699 wsessoms@vbgov.com Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the applications of Evergreen Virginia, LLC for modification of proffers of a conditional zoning agreement and modification of conditions of a conditional use permit (motor vehicle sales and service) for property located at 5301 Virginia Beach Boulevard. 2. Although it does not appear that TowneBank has any loans for which the property at issue serves as collateral, TowneBank does have a financial relationship with the applicant. 3. I am an officer of Towne Financial Services, which is an affiliate of TowneBank and is located at 600 22nd Street in Virginia Beach. 4. Although it appears that it would speculative to conclude that TowneBank would realize a benefit or detriment as a result of the vote, I am nevertheless abstaining from voting on these two applications. Mrs. Ruth Hodges Fraser -2- November 18, 2014 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, W iaf2m D. §e oms Mayor WDS/RRI -101 - Item -VIII-J.4 PLANNING ITEM #64321 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of ARACELI T. MARCIAL and BYLER ENTERPRISES for a Conditional Use Permit (Vocational School — Training Center for Nurse Aides) at 5441 Virginia Beach Boulevard DISTRICT 2- KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of ARACELI T. MARCIAL and BYLER ENTERPRISES for a Conditional Use Permit (Vocational School — Training Center for Nurse Aides) at 5441 Virginia Beach Boulevard (GPIN 1467477344) DISTRICT 2- KEMPSVILLE The following condition shall be required.• 1. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the use from the Planning Department/Permits and Inspections Division. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighteenth day of November, 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, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 18, 2014 -102 - Item -VIII-J.5 PLANNING ITEM #64322 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of KINGDOM INVESTING OUTREACH CENTER and A.V. ASSOCIATES, LLLP for a Conditional Use Permit (religious use) at 4525 East Honeygrove Road DISTRICT 4 - BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of KINGDOM INVESTING OUTREACH CENTER and A.V. ASSOCIATES, LLLP for a Conditional Use Permit (religious use) at 4525 East Honeygrove Road (GPIN 1478555470) DISTRICT 4 - BAYSIDE The, following conditions shall be required: 1. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Planning Department and from the Fire Department. The applicant shall obtain a Certificate of Occupancy for the use from the Permits and Inspections Division of the Planning Department prior to the issuance of a Business License. 2. A Sign Permit shall be obtained from the Zoning Office of the Planning Department for any building or freestanding sign that is replaced or added to the building or property. This Ordinance shall be effective in accordance with Section 107 (1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighteenth day of November, 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, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 18, 2014 -103 - Item -VIII-J.6 PLANNING ITEM #64323 The following registered to speak: Eddie Bourdon, attorney for Applicant, advised this Application is composed of 95 upscale homes in what will be known as "Princess Anne Meadows ". The Applicant has worked diligently with Staff and made significant modifications to the original Application in an effort to work with the neighboring communities. The Navy has reviewed the Application and has placed their seal of approval on the project and the Planning Commission recommended approval. Mr. Bourdon advised they have modified the plan to allow for public right of way and build a path to the cemetery. Belinda Hester, spoke in FAVOR. Ms. Hester advised she is a decedent of the Brown Estate and the property has been in their family for over a century. She is confident that honor and respect will be given to those buried in the cemetery. She advised the rezoning will "bring forth new life" and provide opportunities to her family otherwise would not be possible. She takes great pride in living in a City as diverse as Virginia Beach and is asking that this Application be treated equal to all of the similar surrounding developments. Lisa Hartman, 2737 Pleasant Acres Drive, Phone: 609-5679, spoke in OPPOSITION. Ms. Hartman advised if this property is developed, it will greatly diminish the value of neighboring homes and encourage future clustering developments. She expressed concern regarding the newly completed improvements to Princess Anne Road and the negative impacts this development will have and feels it will be seriously compromised. This Application has been deferred numerous times and she requested City Council take action and deny the Application once and for all. John Gadzinsici, 2005 Plowshares Court, Phone: 430-3916, spoke in OPPOSITION. Mr. Gadzinsici is retired Naval Aviator and has worked for Southwest Airlines for the past 18 years. He is fortunate as he has an option to live anywhere in the United States; however, he chooses to live in Virginia Beach because of the wonderful quality of life he and his family enjoy. He stated rules are set in place for a reason; however those are the lowest standard of acceptance and he believes the City is not in the business of just providing the lowest standard of acceptance. Jackson Hartman. 2737 Pleasant Acres Drive, Phone: 609-5679 spoke in OPPOSITION. November 18, 2014 Item -VIII-J.6 PLANNING -104- ITEM #64323 (Continued) Upon motion by Council Lady Henley, seconded by Councilman Wood, City Council, DENIED the Application of FIVE MILE STRETCH ASSOCIATES, LLC for a Conditional Change of Zoning from AG -I and AG -2 Agricultural to Conditional PD -H2 Planned Unit Development District [R-10 Residential] re dwellings at 2800 to 2900 Princess Anne Road . (Deferred June 17, 2014) DISTRICT 7 - PRINCESS ANNE Voting: 10-1 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None Council Members Voting Nay: Brad Martin November 18, 2014 -105 - Item -VIII-J.7 PLANNING ITEM #64324 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council, APPROVED, AS PROFFERED, BY CONSENT, Application of THE STUDIO HAMPTON ROADS, LLC and NORTH LANDING INVESTMENTS, LLC for a Conditional Change of Zoning from 0-1 Office [HCD Overlay] to Conditional B-1 Neighborhood Business [HCD Overlay] re a Photography Studio at 2513 North Landing DISTRICT 7 - PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of THE STUDIO HAMPTON ROADS, LLC and NORTH LANDING INVESTMENTS, LLC for a Conditional Change of Zoning from 0-1 Office [HCD Overlay] to Conditional B-1 Neighborhood Business [HCD Overlay] re a Photography Studio at 2513 North Landing (GPIN 1494717090) 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 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighteenth day of November, 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, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 18, 2014 -106 - Item -VIII-J.8a PLANNING ITEM #64325 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council, ADOPTED, BY CONSENT, Ordinances to AMEND the City Zoning Ordinance (CZO): a. Section 1127 re open space, public sites and recreation areas within the PD -H2 Planned Development District Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M. Henley and John D. Moss Council Members Absent: None November 18, 2014 1 AN ORDINANCE TO AMEND SECTION 1127 OF THE 2 CITY ZONING ORDINANCE PERTAINING TO OPEN 3 SPACE, PUBLIC SITES, AND RECREATION AREAS 4 WITHIN THE PD-H2 PLANNED DEVELOPMENT 5 DISTRICT 6 7 SECTION AMENDED: City Zoning Ordinance § 1127 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 1127 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 1127. Open space, public sites, and recreation areas. 19 20 Maintenance and ownership of open space, public sites, and recreational areas 21 in the PD-H2 District shall be as specified in the land use plan or in the accompanying 22 documents, and shall consist of one of the following: 23 24 (a) Homeowners' association. If a homeowners' association is to assume 25 ownership of the open space, then it shall bear all responsibility for 26 maintenance of the land and all structures thereon. All landowners in the PD-H2 27 District shall be members of the homeowners' association. There shall be 28 restrictive covenants recorded which prohibit use of the subject land for any 29 purpose but recreation and open space use. Such covenants shall run with the 30 land and be in full force and effect for a period of at least fifty (50) years. These 31 covenants shall become part of the deed to each lot or parcel within the 32 development. Such covenants shall be approved by the city attorney and 33 recorded before the first building permit in the project is issued. A rezoning 34 petition to P 1 Preservation District including all land to be owned and 35 maintained by thc homeowners' association shall be approved before any 36 subdivision plat of thc property within thc PD H2 District is approved for 37 recordation or any building permit issued. 38 39 (b) Ownership by other public or private entity. Ownership of the open space may 40 be by another public or private entity. In this event, restrictive covenants, as in 41 (a) above, shall be recorded which prohibit use of the subject land for any 42 43 44 45 46 47 48 49 50 51 52 53 purpose but recreation and open space use. Such covenants shall run with the land and be in full force and effect for a period of at least fifty (50) years. a maintained by the subject entity, shall be approved Such restrictions shall be approved by the city attorney and recorded before any subdivision plat of the property within the PD -H2 District is approved for recordation or any building permit issued. Such entity shall be responsible for all maintenance of the open space, and shall make the use and enjoyment of the open space available to all residents of the PD -H2 project. Additionally, restrictive covenants as in (a) recreation and open space usc. 54 (c) Dedication to the city. The open space may be dedicated to the city as a public 55 site but only upon the concurrence of the city council. If the dedication is 56 accepted, the public site shall be maintained by the city as open space, except 57 that city council after having received recommendations from the city manager 58 may designate portions of public sites for use other than as open space, 59 provided the remaining amount of property maintained as open space is not 60 Tess than fifty (50) percent of the amount of property which would have been 61 reserved pursuant to the subdivision ordinance for recreational purposes if the 62 property in the PD -H2 District had been developed according to the underlying 63 zoning district. 64 65 Except for public sites, open space shall only be used in its natural state or for 66 recreational related uses. No structure shall be erected for maintenance or recreational 67 purposes. The combination of open space and public sites provided shall be a minimum 68 of fifteen (15) percent of the gross acreage of the tract of land, and shall not include 69 lakes, floodways, or other bodies of water. 70 71 COMMENT 72 73 These revisions delete the requirement to rezone open space in the PD -H2 District to P-1. 74 The open space is adequately protected by the provisions of City Zoning Ordinance Section 1127 75 and the restrictive covenants required. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of November 2014. 2 I APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CA13079 R-1 August 12, 2014 City Attorney's Office 3 -107 - Item -VIII-J.8b PLANNING ITEM #64326 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council, DEFERRED INDEFINATELY, BY CONSENT, Ordinances to AMEND the City Zoning Ordinance (CZO): b. Section 2106(d)(1) re Modifications to Workforce Housing units 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, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 18, 2014 -108 - ITEM VIII -K APPOINTMENTS ITEM #64327 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY and MANAGEMENT TEAM COMMUNITY SERVICES BOARD HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORIC PRESERVATION COMMISSION PARKS and RECREATION PLANNING COMMISSION RESORT ADVISORY COMMISSION 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, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 18, 2014 -109 - Item -V-N ADJOURNMENT ITEM #64328 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 7:24 P.M. Amanda Finley -Barnes, CMC Chief Deputy City Clerk R Hodges Fraser, MMC City Clerk Mayor City of Virginia Beach Virginia November 18, 2014 -110 - PUBLIC DIALOGUE Christine Ross, 205 Corvette Lane, Phone: 905-0265, requested the City close the Abortion Clinics within the City by rezoning the properties, buying the buildings where they operate and/or declaring the clinics as "dangerous nuisances ". Carol Mahone, 208 86`' Street, Phone: 343-6827, a resident of Virginia Beach advised she is speaking on behalf of her husband, Richard, who could not attend the meeting. She read his prepared statement. Mr. Mahone has known Mayor Sessoms for over fifty (50) years and appreciates his devoted service. Mayor Sessoms has reached across party lines in the best interest of the City and he has seen the City transformed over last fifty (50) years. Mr. Mahone appreciates the Mayor deflecting credit from himself and giving credit to the City. Mayor Sessoms sincerely cares about all citizens. He expressed his appreciation for all of his devotion and dedication. Richard Welton, 940 Laskin Road, Phone: 647-3173, a resident of Virginia Beach for 63 years has known Mayor Sessoms for over fifty (50) years and they were college roommates. Mr. Welton advised he may not have always seen "eye to eye" with the Mayor; however, he is enjoying the fruits of his foresight. When Mayor Sessoms was 19 years old, he was asked what he wanted to do when he graduated from college. His response was he wanted "to be the Mayor of Virginia Beach ". Mr. Welton advised Mayor Sessoms is a part of the courageous group that tackled Lake Gaston for our water and because of their work our taxes are lower and schools are better. Over 60% of the people voted for Mayor Sessoms and he feels confident the same will re-elect him when the time comes. Ralph Parham, 5309 Carolann Terrace, Phone: 319-0970, encourages everyone to be patient and let the system play out. George Minns, 236 Shipps Lane, Phone: 575-8109, advised Mill Dam Road and Pacific Avenue are highways divided by double lines with 35 mph speed limits as is Birdneck Road. The difference is people turn left across the double lines on Mill Dam Road and Pacific Avenue; however, they are not permitted to do so on Birdneck Road resulting in churches being blocked. Mr. Minns requested relief for this community so people could access their churches. The Public Dialogue re Non Agenda Items concluded at 8:03 P.M. November 18, 2014