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HomeMy WebLinkAboutOCTOBER 6, 2015 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL Ce.44‘4,2 MAYOR WILLIAM D.SESSOMS,JR.,At-LengeVICE MAYOR LOUIS R.JONES,Bayside-District 4 M.BENJAMIN DAVENPORT,At Large ROBERT M DYER,Centerville-Dish�ict 1 BARBARA M.HENLEY,Princess Anne-District 7 �SHANNON DS KANE,Rose Hall District 3JOHN D.MOSS,At Large AMELIA ROSS-HAMMOND,Kempsville-District 1 \oNs JOHN E.UHRIN,Beach-District 6 ROSEMARY WILSON,At-Large JAMES L. WOOD,Lvnnhaven-District 5 CITY HALL BUILDING 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER-JAMES K.SPORE PHONE:(757)385-4303 CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA CITY ASSESSOR-JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR LYNDONS.REMIAS E-MAIL:Ctycncl@vbgov.com CITY CLERK-RUTHHODGESFRASER,MMC 6 October 2015 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY MANAGER'S BRIEFING - Conference Room- 5:00 PM A. FY 2015 Unaudited Financial Results Patti Phillips - Finance Director II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Ed Martin, Pastor Francis Asbury United Methodist 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 September 15, 2015 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. PROCLAMATION Community Planning Month Jeff Hodgson—Planning Commission Barry Frankenfield - Interim Planning Director 2. RESOLUTION David Kunkel Day I. PUBLIC HEARINGS 1. Proposed Leases of City-owned Property at Atlantic Avenue a. 1101 11th Street LC t/a Café Connctor Park Cafe b. 211 25th Street—Jay& DIP Corporation/t/a Tropical Smoothie Street Cafe 2. Declaration/Conveyance of Excess City-owned Property a. 704 Hampshire Lane to the African American Cultural Center, Inc. • 3. Proposed Subordination of Rights a. A portion of the Lake Gaston pipeline easement to Brunswick County and the Commonwealth of Virginia/Department of Transportation (VDOT) J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code re Encroachments: a. Article VI, Chapter 33 re public streets and places b. Chapter 10 Public Works Specifications and Standards re encroachments in rights-of-way 2. Ordinance to AMEND an existing Franchise Agreement and GRANT a New Franchise Agreement for an Open air Café in the Resort Area (11th Street Café) 3. Ordinances to AUTHORIZE: a. The Subordination of Rights for a portion of the Lake Gaston pipeline crossing Pine Top Drive to Brunswick County and the Commonwealth of Virginia,Depaitment of Transportation (VDOT) b. The ACQUISITION of property at 324 North Birdneck Road re Estate of Marie Hickman re future roadway improvements at 19th Street (DISTRICT 6 - BEACH) 4. Resolution to AUTHORIZE a City Council Policy re Constitutional Officer Compensation 5. Resolution to DIRECT the City Auditor to CONDUCT an Audit of all Human Services programs re management of clients' personal funds 6. Ordinance to CARRY FORWARD and APPROPRIATE $1,309,400 from the FY 2014-15 to the FY 2015-16 Operating Budget re previously authorized obligations and encumbrances a. $695,077 Police Federal and State Seized Assest Fund b. $237,000 Sheriff's Federal and State Seized Assets Fund c. $198,000 Public Works Fuel Internal Service Fund d. $179,323 General Fund 7. Ordinances to APPROPRIATE Fund Balances: a. $1,106,510 of the Tourism Advertising Program Special Revenue Fund to the FY-2015- 16 Operating Budget of the Convention and Visitor Bureau for Advertising and Marketing b. $80,000 of the Police Federal/State Seized Assets Special Revenue Fund re Police protective gear K. PLANNING 1. FOREFRONT CHRISTIAN CHURCH for a Modification of Conditions of a Conditional Use Permit re a church (approved July 11, 1995) at 2520 Holland Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 2. RV MANAGEMENT SERVICES and NORTH LANDING BEACH RV RESORT and COTTAGES for a Modification of Conditions re a campground (approved November 8, 2005) at 161 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. ALLSAFE STORAGE, LLC and OCEANA PARTNERS, LLC: a. Conditional Use Permit re a mini-warehouse b. Modification of Proffers of a Change of Zoning (approved May 9, 2006) at 1325, 1335 and 1345 Oceana Boulevard DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. TRUSTEES OF EASTERN SHORE CHAPEL for a Conditional Use Permit re a cemetery expansion at 2020 Laskin Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. RACHELLE M. KITZMILLER for a Conditional Use Permit re a home occupation (Personal Trainer) at 805 Saint George Court DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 6. LARAE TUCKER and PP&P, LLC for a Conditional Use Permit re a service station with a convenience store at 3001 Silina Drive DISTRICT 6—BEACH RECOMMENDATION: APPROVAL L. APPOINTMENTS BAYFRONT ADVISORY COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION COMMUNITY SERVICES BOARD—CSB HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION PARKS AND RECREATION COMMISSION WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** -1- lA$FgArt oL.R NAt�,1"i L-yv`+r VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 6, 2015 Mayor William D. Sessoms, Jr., called to order the City Council's Briefing, in the City Council Conference Room, Tuesday, October 6, 2015, at 5:00 P.M. Council Members Present: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, and James L. Wood Council Members Absent: Rosemary Wilson attending VML Conference October 6, 2015 -2- CITY MANAGER'S BRIEFING FY2015 UNAUDITED FINANCIAL RESULTS ITEM#65231 5:00 P.M. Mayor Sessoms introduced Patti Phillips, Director—Finance. Ms. Phillips advised on August 15"', the Finance Department officially closed the City's financial accounting records for Fiscal Year ended June 30, 2015, and is in the process of analyzing revenues and expenses, developing work papers and assembling financial statements along with supplemental information for the City's 50+ funds in preparation for the City's Auditors, Cherry Bekaert. The Comprehensive Annual Financial Report, (CAFR), containing audited financial statements for all funds, will be presented to City Council on December 8"`. However, to assist in planning for upcoming financial decisions, preliminary unaudited key financial statements are presented noting that the Finance Department still has a great deal of analysis to complete, and as such, these amounts could change: ar\BPRELIMINARY UNAUDITED FINANCIAL RESULTS city of T iryinia Beach Finance jj[Logle 30s 20[1 g October 6, 2015 -3- CITY MANAGER'S BRIEFING FY2015 UNAUDITED FINANCIAL RESULTS ITEM#65231 (Continued) Today's Briefing will focus on the five (5) major funds: AGENDA Status of Major Funds • General Fund Schools • Water&Sewer r Waste Management • TIP Summary Next Steps 1 , Below is the Summary of the General Fund Budget: GENERAL FUND BUDGETTO ACTUAL JUNE 30,2015 %of- BUDGET ACTUAL VARIANCE Budget LOCAL $ 849.5 $ 849.5 $ 0.0 0.0% STATE 150.5 147.5 (3.0). -2.0% FEDERAL 19.1 19.4 0.3 16% TOTAL REVENUES $ 1,019.1 $ 1,016.4 $5 (2.7) --0.3% CITY $ 660.7 $ 637.2 $ 23.5 3.6%. SCHOOLS 406.5 394.2 12.3 16% TOTAL EXPENDITURES S 1,067.2 $ 1,031.4•$ 35.8 3.4%''. REVENUES OVER(UNDER) $ (48.1) $ (15.0) $ 33.1 FUND BALANCE-JULY 1 154.5 LESS:RESERVATIONS (42.3) UNASSIGNED FUND BALANCE-JUNE 30 $ 97.2 Fund Balance as a percent of FY 16 revenue is 9.33% *Reflects encumbrances of$IO.SM NL:oi *Values reflected in millions October 6, 2015 -4- CITYMANAGER'S BRIEFING FY20I5 UNAUDITED FINANCIAL RESULTS ITEM#65231 (Continued) Real Estate Tax was `half Million over Budget: REAL ESTATE TAXES— GENERAL FUND JUNE 30,2010-2015 $500- 463.5... 458.4 436.1 437.4 439.0 441.0 443.1 443.7 "'— 421.8423.2 ,. 427.1 428.2 $400 . ye.f'` e, c t.ns r.= s} i w 0$300 ''-':i Al 'tl r .a $200 � s -` TA, $100- r Vis' ¢ �3C C 2 C � ¢' � FY2010 F1'2011 FY 2012 FY 2013 FY 2014 FY 2015 OBudget ©Actual *Values reflected in mAi illions Local Personal Property Tax was $7.2-Million over Budget and is the highest amount collected in the past five (5)years: LOCAL PERSONAL PROPERTY TAXES JUNE 30,2010— 2015 (EXCLUDES PPTRA} $100-........... ___. ....._ ___ _ ....... _..... 90.9 85.2 83.7 -_ (,.. $80- 79.0 r7 78.7 - 737 ^9.07. 4..7 w¢ a i1 70.3 �;- s . 0 774 64 22 65.2 65.9 i" ,y � ` 8 $60- °�,'t: 57.8 II k� 1 4 ark `i $0 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 ❑Budget ❑Actual *Values reflected in millions >Additional 30¢for public safety began Jan.1,2015 s October 6, 2015 -5- CITY MANAGER'S BRIEFING FY2015 UNAUDITED FINANCIAL RESULTS ITEM#65231 (Continued) General Sales Tax was$1.8 Million under Budget: GENERAL SALES TAXES JUNE 30,2010- 2015 7. 60.056.2 860— 58.06A 53.0 53.4 54.1 55.o — 3ip 51.1 50.3 50.6 51.7 $5.- t 1 ... f,..,1 t-,-__ .,..,_ 00:0 — 7 . a B 530 s t q„ m h ,:,:, $2o x<. t �: %I.4 510— �' �he�� �'ri- es, So - , z 4 F�' �m i 1 FY 2°W FY lou FY 2012 FY 2013 FY 2014 FY 2015 ©Bud6et mutual *Values reflected in millions b Business License Tax was $3-Million under Budget. Thiliiii s is most likely a reflection of the exemption for new businesses that began in 2012 which allows any new business exempt from business license tax in the first 2 years of operation: BUSINESS LICENSE JUNE 30,2010-2015 $50— 47.6 44.2 44.0 44.6 42.4— 4:27,;*.;--- .8 a 40.6 40.6 41.3 41.3 41.1 —^-zT� 54$ n 38.1 ?'' 9 i —°$30 "o- " TR- rye %? §" t- , J i$20 ° � $10 n 1 a I FY2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 ❑Bud6et ❑Actual 110 *Values reflected in millions >New business-2 year exemption began in 2012 T October 6, 2015 -6- CITYMANAGER'S BRIEFING FY2015 UNAUDITED FINANCIAL RESULTS ITEM#65231 (Continued) Hotel Room Taxes are the highest of those collections on record: HOTEL ROOM TAXES'- GENERAL FUND JUNE 30,2010— 2015 6.1 5.9 6 0 6.2 $6- 5.4 5.5 5.5 5.6 5 8 E—^wT 5.4 i a 5.2 �— &74, �a i o mow` l �I i $4 5.1 4_. ti. g a, ' �$3 '� „�° '' ��y I a, q n u� E Si � _ i $0 = . Fy €.� FY2010 FV2011 FY2012 FY2013 FY2014 FV2015. I t38udget ❑Actual I *Values reflected in millions 8 HOTEL ROOM TAXES— CITYWU:si IDE JUNE 30,2010 2015 $30— __. ___' 27.4 266 272 27.9 251 2ry0 254 260 i $25 23.9 244 pi 22 8 44, 11 22 7 _ah 244 s $20 t' 2414 k 44" q IR r 510 (/4/2 x'12/1 4( 1. �P p 24 � 3Y � Y 82 22 4244 , 60 FY 2010 FY 2011 FV 2012 FV/111.112/ 81'44 2013 FY 2014 8y 2036 1 OBudget ❑Actual *Values reflected in millions October 6, 2015 -7- CITYMANAGER'S BRIEFING FY2015 UNAUDITED FINANCIAL RESULTS ITEM#65231 (Continued) Restaurant Meal Taxes are also the highest of those collections on record: RESTAURANT MEAL TAXES— GEN,FUND JUNE 30,2010- 2015 $40- 37.9 38.2 . 37.1 36.2 34.0 351 350 31.7 32.3 32.9— t 30.9 30.7 , 'r _', ,.=M '$20— t �:.. �,, 1 $10 `4.i. �,,��, �' ,-.i.? ;m $0 " 4 , 1 FY2010 FY2011 FY2012 FY 2013 FY 2014 FY 2015 liNjI Oeudget DActual *Values reflected in millions RESTAURANT MEALTAXES'- CITYWIDE JUNE 30,2010- 2015 60.0.... $60— 58.0 56.9 'tlL1X^r 55.2 55.1 49.6 50.9 51.8 53.3IA ;'n� 6 I S50 +? 46.2 Viii. _ 1 $40 �,,�;. T 3'��' i., 1 f y 5$30— s ` azo q, ; . 1 Gbio z., ,,,,,,",,,,z. , ',1,1;10 til.. }._. `,4 S r rn FYZ010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 OBUdget OActual *Values reflected in million s October 6, 2015 -8- CITY MANAGER'S BRIEFING FY2015 UNAUDITED FINANCIAL RESULTS ITEM#65231 (Continued) FYI 5 HOTEL & MEAL TAX ALLOCATION a .. s 050.44%` i OF 2% $6.2 � 3 r a COD Ti�fc. = f�htDiA P� .� Yfi ';;;;,,F';-;"; i111` r TAP TAP OF 3.5% 0.50' $38.2 f' i ,, 1y/$1 $5.5 $5.3 BGF 2%DCBDTIF■TAP 1%/$1 CI TIP 5% 56 Si ®GF 3.5% ■TAP 0.5% UTIP 1.06% ■OS0.44% ,�L4,w NitI3 *Values reflected in millions 12 Telecommunication continues to stair-step down due to the decline in land lines, fax lines and 800 numbers: TELECOMMUNICATIONS TAX JUNE 30,2010- 2015 525 23.7 m5�21.6 22.0 020 a 19.7 20.1 20 3 19.3 19.5 118.7 19.c t , liq 18 1 £$10 ice' s � FY2010 FY2011 FY 2012 FY2013 FY2014 FY2015 0Budget ❑Actual Ill *Values reflected in millions 11 October 6, 2015 9 CITYMANAGER'S BRIEFING FY2015 UNAUDITED FINANCIAL RESULTS ITEM#65231 (Continued) State Revenues collected were $147.5-Million, approximately $3-Mlllion under Budget but up 1.1%from Slat year: STATE REVENUES- GENERAL FUND JUNE 30,2010- 2015 5175 :.......-,- 159.3 156.1 143.8 144.1 145.4 143 4 149.3 145.9 150.5 147.5 5150 a' 1435 140.7 $125 t ���� -' t , 1 ro i, f$i00 '„ E , 875 3 c 550 $25 ',11,-," e u& v SO FY201A FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 ©Budget 0Act ul *Values reflected in millions i, The City underspent the Expenditure Budget by $23.5 Million and the Schools underspent by $12.3- Million: FYI 5 GENERAL FUND EXPENDITURES Budget Actual Variance %Savings City Expenses: Departments $ 569.2 $ 546.2 $ 23.0 Debt Seryice 48.3 47.8 0.5 Capital Projects 43.2 43.2 0.0 Total 660.7 637.2 23.5 3.6% Schools(City Funding): Operating Transfers $ 359.4 $ 347.1 $ 12.3 Debt Service 45.0 45.0 0.0 Capital Projects 2.1 2.1 0.0 Total 4062.51- 065 394.2 12.3 1.6% Total Expenditures $ 1,067.2 $ 1,031.4*$ 35.8 3.4% *Reflects encumbrances of$I O.SM *Values reflected in millions S October 6, 2015 TY -10- MAINTAEMGE#R 6'5S 2B31RIEFING FY2015CUINAUDI(T CE oDntiF nI uN eAd)NCIAL RESULTS JUNE nO,i_.0• UNASSIGNED31ni 5 _GUENNAERUADLITFUEDND BALANCE i60% $200- 12.8% 11.9% 7% 10.4% 120%- 9 3% 10.1% 10. .0%1 o150 11.0%- 18.1% 8.9% iz.„,,, t, 123.0 104.0 102.4 [9°4' 7'-'7-r-.. 117 ii-Ti: - 11'.4. , ,_ , ---=-4 : V _40%12. 1 sioo- 1"4 ; ItgE----, 85°- ' 2014 ' 2°15 ,,of B.dgeted GF Revenue. 2012 2013 I, , 1 021 4 I :4.6 I E=Iih""'Ined- in millions IP hies reflected $ ° 1 2007 ' 2008 ' 2009 2010 2 ir *Va il OF Ba-6 nce The majority of loans are to the local Rescue Squads for ambulances which are repaid in full, interest free: JUNEUNASSIGNED 3 0, 0 2l5 _GENERAL FUND UNAUDITED BALANCE s 139.5 Less:TotalFundRese Reservations Balanceationss,,,,. Juno Designations 3 O,20 15 $ 61..$7 Loans Inventories and Future Programs 14.0 City CilPRe2v°eirs6ion and Revenue Sharing 1 29 5.2 School 716 School Operating Budget 2.0 SPSA427:3 Unassigned Fund $ 92 _ Balance 9.33% Percent of Budgeted FY 2016 Revenues i7 II all *v.alues reflected in mill ions October 6, 2015 1 11 -11- CITY MANAGER'S BRIEFING FY2015 UNAUDITED FINANCIAL RESULTS ITEM#65231 (Continued) Below is the Summary of the School's Operating Fund: SCHOOL OPERATING FUND REVENUES & EXPENDITURES FOR FYI 5' Budget Actual Variance REVENUES: City $390.2 $ 390.2 $ Local 2.7 3.5- 0.8 Schools Reserve&Other Funds 19.2 19.1 (0.1) State Share of Sales Tax 70.1 70.4 0.3 Commonwealth 252.6 250.2 (2.4) Federal Government 16.0 14.3 (1.7) Total Revenues $ 750.8 $ 747.7 $ (3.1) EXPENDITURES $(756.8) $(7414)* $ 15.4 Total Reversion to City $ 12.3 *Reflects encumbrances of$93 million *Values reflected in millions 8 WATER &SEWER ENTERPRISE FUND BUDGET TO ACTUAL AT JUNE 30,2015 Budget Actual Diff Charges for Services $ 70.0 $ 75.8 $ 5.9 Sale of Water 45.9 45.3 (0.6) Other 4.4 7.2 2.9 Total Revenues $ 120.2 $ 128.4 $ 8.2 Water Services Contract $ 25.0 $ 23.8 $ 12 Operating Expenses 63.2 55.6 7.6 Debt Service 24.4 15.0 9.4 Transfers to CIP 13.8 13.8 0.0 Total Expenditures $ 126.4 $ 108.2 $ 18.2 Net Change in Position $ 20.2 AB. *Values reflected in millions October 6, 2015 II -12- CITY MANAGER'S BRIEFING FY2015 UNAUDITED FINANCIAL RESULTS ITEM#65231 (Continued) WASTE MANAGEMENT ENTERPRISE FUND BUDGET TO ACTUAL AT JUNE 30,20 15 Budget Actual - Diff Charges for Services $ 33.8 $ 34.6 $ 0.8 SPSA Rebate 8.0 8.0 0.0 Other 1.0 0.9 (0.1) Total Revenues $ 42.8 $ 43.5 $ 0.7 - - Program Support $ 1.1 $ 0.9 $ 0.2 Waste Disposal 18.9 18.2 0.7 Waste Collection 12.0 11.3 0.7 Yard Debris/Hazardous Waste 2.2 1.9 0.3 Recycling 5.0 4.6 0.4 Transfers to Water&Sewer 0.5 0.5 0.0 Transfers to General Fund 2.1 2.1 0.0 Total Expenditures $ 41.8 $ 39.5 $ 2.3 Net Change in Position $ 4.0 1/13 *Values reflected in millions ›SPSA Rebate ends Jan.''1,2016 30 TOURISM INVESTMENT PROGRAM BUDGET TO ACTUAL AT JUNE 30,2015 Budget Actual Diff Hotel Room Tax $ 15.3 $ 15.8 $ .0.5 Restaurant Meal Tax 11.5 11.5 (0.0) Amusement Tax 5.8 5.9 0.1 Cigarette Tax 0.9 1.0 0.1 Other 1.5 1.3 (0.2) Total Revenues $ 35.0 $ 35.5 $ 0.5 Debt Service $ 24.2 $ 24.1 $ 0.1 SGA Special Events 3.3 3.1 0.2 Operating Expenses 2.4 2.2 0.2 Transfer to Sandbridge SSD 2.3 2.5 (0.2) Transfer to CIP 2.8 2.8 0.0 Transfer to General Fund 2.1 2.1 0.0 Total Expenditures $ 37.1 $ 36.8 $ 0.3 Net Change in Fund Balance $ (1.3) AO *Values reflected in millions 11 ill 2 1 October 6, 2015 I I -13- CITY MANAGER'S BRIEFING FY2015 UNAUDITED FINANCIAL RESULTS ITEM#65231 (Continued) SUMMARY s Fund Balance within Council policy,on par with FY 14 - 9.33%FY IS vs.9.51%FY 14 r Reservations include • Schools Operating Budget-$2.0M School Revenue Shat ng-$577K School Reversion-$12.3M FY16 CIP Budget-$14.OM } SPSA-$5.2M 1 Departments continue to manage. their budgets ids ha .rja ti, n a 4 22 NEXT STEPS 5 Year Forecast Nov.17,2015 FY 15 Audited Financials Dec.8,2015 November Interim Financials Dec.8,2015 FY 17 Budget Proposal Mar.22,2016 FY 17 Budget Adoption May 10,2016 a Mayor Sessoms thanked Mrs. Phillips and the entire Team for their hard work. October 6, 2015 -14- CITY COUNCIL LIAISON REPORTS ITEM#65232 5:25P.M. Council Lady Ross-Hammond advised the Pungo/Blackwater Library hosted a "Story Time" event which attracted approximately 650 people. Also, more than 2,300 books were given out at the Oceanfront to promote Summer reading. Also, over 125,000 books were read during the nine-week Summer Reading Challenge with over 3,000 hours of Volunteer Service recorded from local teenagers and adults volunteering their time for this Challenge. The Libraries have helped `jump-start" the school year for over 122 students by providing free library cards. October 6, 2015 li -15- CITY COUNCIL LIAISON REPORTS ITEM#65233 (Continued) Council Lady Ross-Hammond advised CHKD is partnering with Social Services to assist in improving continuity in the care of Foster Children. Also, Social Services has approximately 2.5-Million pieces of paper they are converting to electronic records. The goal is to have the conversion complete by February 2016. Lastly, everyone is invited to the Open House at the Annex on October 16, 2015,from 11:00 A.M. to 1:00 P.M. October 6, 2015 -16- CITY COUNCIL LIAISON REPORTS ITEM#65234 (Continued) Council Lady Ross-Hammond reminded City Council they have been invited to attend the Arts and Humanities Celebration on October 14`x' at noon for a "Taste of the Arts". October 6, 2015 -17- CITY COUNCIL LIAISON REPORTS ITEM#65235 (Continued) Council Lady Ross-Hammond attended the SWAM Business Forum on September 30th which went well and had 190 registered participants. October 6, 2015 -18- CITY COUNCIL LIAISON REPORTS ITEM#65236 (Continued) Councilman Davenport advised the Beaches and Waterways Commission is scheduled to meet at the Brock Environmental Center on October 14`h at 3:00 P.M. to discuss Commercial Menhaden Fishing after which they will provide recommendations to City Council for consideration. October 6, 2015 -19- CITY COUNCIL LIAISON REPORTS ITEM#65237 (Continued) Council Lady Henley advised the Mayor's Commission on Aging is hosting their Annual Senior Showcase at the Princess Anne Recreation Center on October 28`x'. The event is always a success as this Commission is very active and does a really good job. October 6, 2015 -20- CITY COUNCIL LIAISON REPORTS ITEM#65238 (Continued) Council Lady Henley advised the Green Ribbon Committee has various Sub-Committees that meet very regularly and expect to make recommendations for City Council's consideration in the near future. October 6, 2015 -21- CITY COUNCIL LIAISON REPORTS ITEM#65239 (Continued) Council Lady Henley advised the Transition Area Advisory Group's Study Committee will have recommendations for City Council's consideration regarding the Transportation Modeling that is coming forward. October 6, 2015 -22- CITY COUNCIL COMMENTS ITEM#65240 5:30 P.M. Council Lady Ross-Hammond, along with Council Lady Kane and Councilman Dyer, hosted a Town Hall meeting for Citizen's input on the search for a new City Manager. She advised there was a nice turnout and recognized the representatives from the Mayor's Youth Action Challenge Committee for some innovative suggestions and thoughts. October 6, 2015 it I -23- CITY COUNCIL COMMENTS ITEM#65241 (Continued) Council Lady Ross-Hammond advised she, along with Council Lady Wilson accepted, on behalf of the City, the VML's "Going Green"Platinum Award as well as recognizing the City as a "HEAL CITY". Also, the Governor spoke about investing in education and bio-sciences at lunch during the Conference. He recognized Hampton Roads for their initiative in bio-sciences. Also, the Governor recognized the City for their participation in the First Lady's initiative to feed children with their food mobile truck that offers breakfast for students. October 6, 2015 a :=," 0 Cm.) • E: = y rt • tti '� fix{ M..� n' = ( —+ C/ , wrt+ e n cr, Pr n rol X x C rip 4 � r p -' ro fD o n o' rDc / ". .. ¢' `K, 1 4t I q.. i'L X NY L 4� t�A .�i�43oi�; t___11 - , C) J ,,,i -1 '-N\' ) ' 0 1 - ,-1 A- � .-b ' f .:�'3 i ,r�.._ �( V _ __-^ ""a -� , fig, . Y Fl N. J ® co ° 6%4m t a r> ‘Nti Cill r ° c% 1.1%114tO „...,. ka4 0 N r m N. G -4 c') T o o Z Ll 11111! ° C� ' rikc.) 8 •� S •••1 r'l -"t OKt g. ,,• coN A '-%• A (iN� 14411:11'Ir fl V t0 -24- CITY COUNCIL COMMENTS (Continued) ITEM#65242 Councilman Dyer read a letter dated October 6, 2015, regarding: "Proposal for Referendum on Light Rail for November 2016", a copy of which is hereby made a part of this record. Councilman Davenport questioned what was so confusing about the most recent Referendum regarding Light Rail. Councilman Dyer feels that Referendum Question would not pass "muster" in an academic setting as one person's idea of what is "reasonable" most likely would not be the same as someone else's. Also, he searched the Internet yesterday and the second "hit"was the "Vote Yes"initiative and posed the same question as Councilman Davenport. Mayor Sessoms suggested since they are running short on time, this subject will be scheduled for upcoming City Council discussions. October 6, 2015 griP City of Vires;irzia 1 beach f U G� . OF OUR NA,•() BOB DYER PHONE: (757)467-3130 COUNCILMAN-DISTRICT 1-CENTERVILLE CELL: (757)749-4659 BDYER@VBGOV.COM October 6, 2015 The Honorable William D.Sessoms,Jr. Members of City Council SUBJECT: Proposal for Referendum on Light Rail for November 2016 Despite the hype and hyperbole over bringing light rail to Virginia Beach;this is far from being a done deal. Given the magnitude and complexities involved,our public deserves a stronger voice in the decision process. I feel that we,as elected representatives, have an obligation to conduct a meaningful referendum on the matter during the November 2016 elections with the simple question: SHOULD LIGHT RAIL COME TO VIRGINA BEACH? YES or NO The previous referendum question created more confusion and ambiguity among the public,failing to give the city council solid direction. Proponents of light rail clearly marketed the referendum as a "study," not an endorsement for or against light rail. Since the previous referendum more information about the project has come forward casting doubts on some of the assumptions that light rail will undoubtedly benefit our community and our financial interests. There are now indications that light rail will not alleviate traffic congestion (in fact, it may add to congestion)and not be a stimulant to economic growth to a meaningful degree as advertised. Hence, light rail is a solution to problems yet to be defined.To date, proponents have yet to make the case that Light Rail is practical,feasible or affordable for Virginia Beach residents. Our actions to this point for implementing light rail have been premature, given that here is no overall plan or vision for establishing a comprehensive solution for Hampton Roads regional public transportation that I am aware of. We are proceeding in a very piecemeal approach with absolutely no regard for how the dated and obsolete light rail technology will merge with the innovative transportation technologies on the horizon in the near future. Fixed track transportation methods may soon be the vehicle of the past. 1668 LAKE CHRISTOPHER DRIVE,VIRGINIA BEACH,VA 23464 Before we make the final decision on light rail,a comprehensive regional plan should be in place to better determine our course of action.The number one impediment to growth and economic development for Virginia Beach and Hampton Roads continues to be the congestion at the Hampton Roads Bridge Tunnel.We also desperately need a destination airport and a solid plan to bring high speed rail to our region from Northern Virginia. Proactive actions on these concerns are essential to a successful transportation system in Virginia Beach and Hampton Roads. It is also essential that we present a business plan to our public addressing how we plan to incorporate the costs of running and maintaining light rail and supplemental bus systems into our budget in ways that are prudent and fiscally sustainable over the long haul. Granted,the final cost assessments have yet to be determined, but be assured that the final costs will be significant and require significant subsidies from the public. Does the public realize that it is most likely that taxes will have to be raised to meet these costs? Will Virginia Beach business owners recover enough receipts from visitors from Norfolk and elsewhere to justify these costs? As we confront the realities of budget shortfalls for the foreseeable future the question becomes,can we accommodate light rail in our budget given our substantial needs and obligations?We are confronted by billions of dollars in need mandated by unfunded pension liabilities, EPA requirements, rising healthcare costs,schools modernization and replacement costs,aging city infrastructure, public safety as well as health and human service needs. We also face declines in state funding and continued downsizing of the military.As a city, our expenditures far outpace our revenues and the Hampton Roads Region remains economically anemic. Our public cannot afford another tax increase,yet we have the obligation to continue to provide essential city services. We must also adequately compensate public safety personnel,teachers, and retain our excellent city workforce. Allowing another referendum on the light rail question would go a long way in building the bridge of communication and mutual respect between the city council and our citizens.Given the long history of missteps and cost overruns, along with our recent debacle over the purchase of four rail cars from Minnesota,the public grows increasingly skeptical as to whether Light Rail would be of any tangible benefit to Virginia Beach. A referendum would facilitate a new, more vibrant level of civic engagement,giving advocates and adversaries a forum to state their ideas, recommendations and solutions. It would also give our city the impetus to formulate a "Blueprint for Success"that would demonstrate to the public our decisions are being made with reason and logic, based on a solid business model, not politics. Right now there are too many unanswered questions and barriers to success that must be addressed before we move forward.The public rightfully feels that decision has been made already based on our actions with including light rail in our recent budget and the four cars purchase before a final vote on the project. Given that Virginia Beach is not designed on a grid system,which favors use of public transportation, will people use utilize it, adding longer times to their daily commute? Light rail technology does not have the capacity of performing in north/south routes. Will light rail be flexible and adaptable to other, more modern modes of transportation in order to have an effective and efficient system? How will we deal with the increase costs of local government incurred by high density Transit Oriented Development, should it occur?Would an elevated system be more practical?Can the Independence Exchange accommodate to projected increased traffic? I i The list continues. Given that there will be no tangible return on our investment, perhaps for decades, are we equipped to make this investment requiring significant subsidies? Has any decision been made over governance in running the system?Will taking the line to Towne Center be enough or are there broader plans for expansion?And finally, is there any contingency planning being put in place should light rail not live up to expectations? To those who might say a referendum is an abdication of our roles as elected leaders I say nothing could be farther from the truth.Given that the public will be paying for the results of our decision in perpetuity, it is essential that we provide avenues of civic engagement to assist us in the decision process. I respectfully recommend that we move forward with promoting a referendum on light rail for the November 2016 elections and take positive actions to provide forums and other venues to facilitate communication and understanding on this most important decision. Good government should never fear an engaged and educated public;we should in fact embrace the opportunity! Bobby Dyer District 1-Centerville -25- CITY COUNCIL COMMENTS (Continued) ITEM#65243 Councilman Moss distributed a draft Budget Ordinance to be considered on October 20`x` "Amending the City's FY15-16 Capital Improvement Program and Operating Budget Regarding Light Rail and Establishing a Structural Deficit Mitigation Account". October 6, 2015 I I -26- CITY COUNCIL COMMENTS (Continued) ITEM#65244 Councilman Davenport attended the VML Annual Conference and was impressed with Dr. Ayers, President of University of Richmond, who presented "Where We've Been...Where We're Going" providing some history of the Commonwealth. He was glad to spend a lot of time with City Council Members from surrounding cities including Norfolk Council Members Whibley, Johnson, Smigiel and Protogyrou, as well as Council Member Ike from Chesapeake. October 6, 2015 -27- CITY COUNCIL COMMENTS (Continued) ITEM#65245 Council Lady Ross-Hammond congratulated the Neptune Festival for a successful weekend despite the weather. October 6, 2015 -28- CITY COUNCIL COMMENTS (Continued) ITEM#65246 Mayor Sessoms advised the Employee Meetings regarding the next City Manager are complete. He will provide each and every comment made, as well as preauthorization of the qualities employees are looking for in the next City Manager by next Tuesday. October 6, 2015 -29- CITY COUNCIL COMMENTS (Continued) ITEM#65247 Mayor Sessoms advised he has heard from numerous Council Members expressing concern for Councilman Moss' Legislative Agenda Item regarding Release of Records to Family of Persons that committed suicide. Mayor Sessoms requested Councilman Moss reach out to Chief Cervera to understand his position. Councilman Moss advised he understands the Chief's position; but, will not be pulling the Item from the Legislative Agenda. He is requesting it be voted on as a part of the Legislative Agenda. He does not feel government should come before a person's right. October 6, 2015 -30- AGENDA REVIEW SESSION 5:45 P.M. ITEM#65248 BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTION 1. Ordinances to AMEND the City Code re Encroachments: a. Article VI, Chapter 33 re public streets and places b. Chapter 10 Public Works Specifications and Standards re encroachments in rights-of-way 2. Ordinance to AMEND an existing Franchise Agreement and GRANT a New Franchise Agreement for an Open air Cafe in the Resort Area (11th Street Café) 3. Ordinances to AUTHORIZE: a. The Subordination of Rights for a portion of the Lake Gaston pipeline crossing Pine Top Drive to Brunswick County and the Commonwealth of Virginia, Department of Transportation (VDOT) b. The ACQUISITION of property at 324 North Birdneck Road re Estate of Marie Hickman re future roadway improvements at 19th Street(DISTRICT 6 -BEACH) 4. Resolution to AUTHORIZE a City Council Policy re Constitutional Officer Compensation 5. Resolution to DIRECT the City Auditor to CONDUCT an Audit of all Human Services programs re management of clients'personal funds 6. Ordinance to CARRY FORWARD and APPROPRIATE$1,309,400 from the FY 2014-15 to the FY 2015-16 Operating Budget re previously authorized obligations and encumbrances a. $695,077 Police Federal and State Seized Asset Fund b. $237,000 Sheriff's Federal and State Seized Assets Fund c. $198,000 Public Works Fuel Internal Service Fund d. $179,323 General Fund 7. Ordinances to APPROPRIATE Fund Balances: a. $1,106,510 of the Tourism Advertising Program Special Revenue Fund to the FY-2015-16 Operating Budget of the Convention and Visitor Bureau for Advertising and Marketing b. $80,000 of the Police Federal/State Seized Assets Special Revenue Fund re Police protective gear ITEM#3b WILL CONSIDERED SEPARATELY ITEM#4 WILL BE DEFERRED INDEFINATELY COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#6c/d COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#7a October 6, 2015 -31- AGENDA REVIEW SESSION ITEM#65248 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K PLANNING 1. FOREFRONT CHRISTIAN CHURCH for a Modification of Conditions of a Conditional Use Permit re a church (approved July 11, 1995) at 2520 Holland Road DISTRICT 7—PRINCESS ANNE 2. RV MANAGEMENT SERVICES and NORTH LANDING BEACH RV RESORT and COTTAGES for a Modification of Conditions re a campground (approved November 8, 2005) at 161 Princess Anne Road DISTRICT 7 — PRINCESS ANNE 3. ALLSAFE STORAGE,LLC and OCEANA PARTNERS,LLC: a. Conditional Use Permit re a mini-warehouse b. Modification of Proffers of a Change of Zoning(approved May 9, 2006) at 1325, 1335 and 1345 Oceana Boulevard DISTRICT 6—BEACH 4. TRUSTEES OF EASTERN SHORE CHAPEL for a Conditional Use Permit re a cemetery expansion at 2020 Laskin Road DISTRICT 6—BEACH 5. RACHELLE M. KITZMILLER for a Conditional Use Permit re a home occupation (Personal Trainer) at 805 Saint George Court DISTRICT 5 — LYNNHAVEN 6. LARAE TUCKER and PP&P, LLC for a Conditional Use Permit re a service station with a convenience store at 3001 Silina Drive DISTRICT 6—BEACH AN AMENDED VERSION OF ITEM#5 WILL BE CONSIDERED TO ADD A CONDITION October 6, 2015 -32- ITEM#65249 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION,pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A)(1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees October 6, 2015 II I -33- ITEM#65249 (Continued) Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 5:50 P.M. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson (Closed Session 5:50 P.M. - 5:57 P.M.) October 6, 2015 -34- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL October 6, 2015 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, October 6, 2015, at 6:00 P.M. Council Members Present: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson attending VML Conference INVOCATION: Vice Mayor Louis R. Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne Bank 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 Berkshire Hathaway Home Services Town Realty, which is an affiliate of Towne Bank. 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 January 13, 2015, is hereby made a part of the record. October 6, 2015 -35- 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. October 6, 2015 -36- Item—VI-E CERTIFICATION ITEM#65250 Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson October 6, 2015 9 uA\ t;,i a ,,,,s_., ,__'5., 0, 5 °' OUR-NP1'Otl 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#65249 Page 33, 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. i th Hodges Fraser, MMC City Clerk October 6,2015 I' I -37- Item-VI-F MINUTES ITEM#65251 Upon motion by Councilman Dyer, seconded by Council Lady Kane, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of September 15, 2015. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson October 6, 2015 I I I -38- ADOPT AGENDA FOR FORMAL SESSION ITEM#65252 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION October 6, 2015 -39- Item VI—H.1 MAYOR'S PRESENTATIONS ITEM#65253 PROCLAMATION Community Planning Month Mayor Sessoms welcomed Jeff Hodgson, Planning Commissioner and Barry Frankenfield, Interim Director—Planning. Mayor Sessoms presented a Proclamation declaring October 2015 "COMMUNITY PLANNING MONTH". He recognized the many valuable contributions made by professional community planners who work for the City of Virginia Beach and elsewhere in the Hampton Roads Region. He extended the City Council's gratitude for the continued commitment to public service by these professionals. Commissioner Hodgson expressed his appreciation to City Council for their continued support as well as the hard work of the Planning Commission. He has been on the Planning Commission the past five (5) years and has seen first-hand the talented and hard-working employees the City is fortunate to have in the Planning Department. As everyone knows, Staff does all of the "heavy lifting" for the Planning Commission and this makes their job considerably easier. October 6, 2015 • " - 7 U y Yr SOF OUR NA'(�oN 4lroclanudinxt WXEAS: Change is constant and affects aft cities, towns, suburbs, counties, boroughs, townships, rural-areas, and other places; WXERAS: Community planning and plans can help manage this change in a way that provides better choices for how people workand live; WHEREAS: Community planning provides an opportunity for all residents to 6e meaningfully involved in making choices that determine the future of their community; 4 IEcSEAS: The full benefits of planning requires public officials and citizens who understand;support, and demand excellence in planning and plan implementation; '4 HEcEAS: The month of October is designated as National Community Planning gYfonth throughout the`united States ofAmerica and its territories, WJLERMS: The American Planning Association and its professional institute, the American Institute of Certified Planners,endorse National-Community Planning Ifonth as an opportunity to highlight the contributions sound planning and plan implementation make to the quality of our settlements and environment; WI-PERMS: The celebration of National Community Planning Month gives us the opportunity to publicly recognize the participation and dedication of the members of planning commissions and other citizen planners who have contributed their time and expertise to the improvement of the City of Virginia Beach;and, PEWS: We recognize the many valuable contributions made by professional community planners who work for the City of'Virginia Beach and elsewhere in the 7-[ampton Roads region and e. tend our gratitude for the continued commitment to public service by these professionals. Now, Therefore, I, William D.Sessoms,Jr., 914ayor of the City of'Virginia Beach, Virginia, do hereby Proclaim: October 2015 Community (Planning fVlontic In Witness Whereof I have hereunto set my hand and caused the OfficialSeal of the City of'Virginia Beach, 'Virginia, to be affixed this.sixth day of October,Two'Thousand fifteen, - -- itzz.i.1 _4Asz_4Ne— William(1).Sessoms,fir. Y ,:. c 9lfayor -40- Item VI—H.2 MAYOR'S PRESENTATIONS ITEM#65254 RESOLUTION David Kunkel Day Mayor Sessoms welcomed David Kunkel and presented the Resolution designating October 6, 2015, DAVID KUNKEL DAY recognizing his dedication, performance excellence and love for the City he adopted, adored and served tirelessly—the best city in the world! Mr. Kunkel expressed his appreciation to City Council for their support and advised the orchestra he is leaving with the City is "quite a gem". Proof of that is his job was advertised internationally and over sixty (60) candidates from six of the seven continents applied. It is one of the City's `half-dozen institutions of both Art and Entertainment that enrich the City. His hope is the City Council will keep a "parental eye" on all of these unique groups as they are vital for the success of the City. He is looking forward to a number of years watching the Arts continue to grow in the City. October 6, 2015 I 11 1N i 4 �` ov'a 4z i g, r Op OUR NUT046 RESOLUTION WHEREAS: DAVID KUNKEL has lived in Virginia Beach since 1978 and conducted the first Virginia Beach Symphony Orchestra in 1981. In 2007, the Virginia Beach Symphony's name was changed to Symphonicity—the Symphony Orchestra of Virginia Beach-to reflect its new identity as a resident of the Sandler Center for the Performing Arts, and as the "Symphony of the City". He has conducted Symphonicity in over three hundred concert venues and is now in his last season after thirty-five years--the entire history of the Orchestra.He is well known throughout the entire region; WHEREAS: David was educated in Philadelphia,Pennsylvania, area public schools where he studied piano, the French Horn, euphonium, violin and organ. He enlisted in the United States Navy and graduated in 1962 from the Navy School of Music. In 1967,he attended the Navy Band Master Course. Upon graduation, he served as the Navy Band Director in Washington, D. C. and Boston, Massachusetts. From 1975 through 19;3, he was the Associate Conductor of the United States Navy Band in Washington, conducting performances at the White House, The Capitol, Washington National Cathedral and the Kennedy Center for the Performing Arts. David attained the rank of Chief Warrant Officer and became the Conducting Instructor at the Armed Forces School of Music at Little Creek until he retired in 1984;and, WHEREAS: David conducted the Virginia Beach Ballet,Norfolk Savoyards and contributed his talent, energy and expertise to many educational concerts for students. He was named to the Performing Arts Center Advisory Committee by the Virginia Beach City Council. He received the "ALLI Award For Individual Achievement In the Arts"from the Cultural Alliance of Greater Hampton Roads in 2002 and the "Award for Adventurous Programming"from the League of American Orchestras at their annual conference in Philadelphia in 2003. On July Fourth of this year, Virginia Beach Mayor Will Sessoms recognized David for his unique contribution to Virginia Beach Arts and excellent music for more than thirty-five years. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to recognize DAVID KUNKEL for his dedication,performance excellence and love for the city he adopted,adored and served tirelessly--the best city in the world! BE IT FURTHER RESOLVED: That this Resolution be signed by each Council Member and made a part of the proceedings of the Virginia Beach City Council designating this Sixth day of October, Two Thousand Fifteen as: DAVID KUNKEL DAY C, n Ben Davenport Counci ?p ert :,6••Dyer Council"rAdy Barbara Henley -1 -- Counci ',t Kane Co • ,n 5 D.Moss Council Lady Dr.ibneEa x Ross- r (7 4c rnan John B.4lfirin CouncilLady RQ Patron CouiJcibnr n James L.Woos 41"6/". Vice Mayor Louis Jones Mayor44 fiam D.*Will Sessoms,Jr. -41- ADD ON MAYOR'S PRESENTATIONS ITEM#65255 RECOGNITION Council Lady Kane introduced: Miss Mia-Alana Caalim, Miss Philippines Pre-Ten Virginia, as well as the Goodwill Ambassador for the Filipino-American Community in Virginia, and Miss Karelle Funtes, Miss Philippines Pre-Teen Visayas of Virginia, who is nine (9) and an honor student. Council Lady Kane advised in addition to being beautiful, these young ladies worked very hard in earning their titles, including contributing numerous hours of community service and fundraising within the community. October 6, 2015 -42- Item VI—Ll a.b PUBLIC HEARINGS ITEM#65256 Mayor Sessoms DECLARED A PUBLIC HEARING: PROPOSED LEASES OF CITY-OWNED PROPERTY AT ATLANTIC AVENUE a. 1101 11th Street LC t/a Café Connector Park Cafe b. 211 25`x`Street—Jay&DIP Corporation/t/a Tropical Smoothie Street Cafe There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. October 6, 2015 -43- Item VI—L2 PUBLIC HEARINGS ITEM#65257 Mayor Sessoms DECLARED A PUBLIC HEARING: DECLARATION/CONVEYANCE OF EXCESS CITY-OWNED PROPERTY a. 704 Hampshire Lane to the African American Cultural Center,Inc. The following individuals registered to speak: Guy Tower, 3810 Atlantic Avenue, #1204, Phone: 422-2955, spoke in SUPPORT. He is a Member of the Legal Board of Advisors but is also supportive as a Citizen and expressed his excitement for this project. He was in Washington, D.C.for the opening of the Smithsonian National African American History and Cultural Museum and is hopeful this project will be equally thrilling for the City. African Americans have played a significant role from the beginning in shaping the history of this Country, State and the City although it sometimes is ignored and sometimes actively suppressed. This is a wonderful opportunity to educate the Citizens about the history and culture of African American Citizens and a great place for all people to gather. Jim Banks, 5442 Hunt Club Drive, Phone: 490-0251, spoke in SUPPORT. The history of Virginia Beach began with Princess Anne County and, unfortunately, a lot of that history was not preserved or is fast fading away as Citizens age. The Citizens that lived in the "Target Areas" like Mrs. Alice Green, Mr. Isaac Herbert and Mr. Clifton McCoy had wonderful stories to tell. The importance of oral history is immeasurable and this will provide a place to preserve these types of historical records. Bruce Williams, 1068 Meadow Green Trail, Phone: 570-4463, spoke in SUPPORT. Today, he saw on CNN a young person in Texas discovered an error in a textbook published by McGraw-Hill, in how African Americans arrived in this Country. With the power of social media McGraw-Hill was contacted and they have since corrected the text book. The point being, even today's history must be protected. The last few years, the City has hosted a "Cultural Program" at the Oceanfront and attracted families to see for themselves the great amenities the City has to offer. This African American Cultural Center will only add one more amenity to attract visitors. The location is in a Strategic Growth Area and is in the middle of two major travel areas including interstates. It will be the type of place that will attract not only African American visitors but anyone interested in history. Andrew Jackson, 153 Upperville Road, Phone: 490-9190, spoke in SUPPORT. He is looking forward to the construction of this Cultural Center. He expressed a concern regarding the proposed location. The City's goal is to attract visitors with new attractions but they must be sustainable and, in order for that to happen, it must be located in an area not too difficult to reach. "Location, location, location" is key in with any new business. All of the other attractions are located where people can get to them easily. All of the attractions are located closer to the Oceanfront. He requested City Council take a look at locations and see if this one should be paramount and ensure the Center's sustainability. There being no additional speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. October 6, 2015 -44- Item VI—I.3 PUBLIC HEARINGS ITEM#65258 Mayor Sessoms DECLARED A PUBLIC HEARING: PROPOSED SUBORDINATION OF RIGHTS a. A portion of the Lake Gaston pipeline easement to Brunswick County and the Commonwealth of Virginia/Department of Transportation (VDOT) There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. October 6, 2015 -45- Item -VI-J ORDINANCES/RESOLUTION ITEM#65259 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT: Agenda Items la/b, 2, 3a, 4(DEFERRED INDEFINATELY), 5, 6a/b/, 6c/d (MOSS VERBAL NAY), 7a(MOSS VERBAL NAY) and 7b. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson October 6, 2015 -46- Item -VI-J.la ORDINANCES/RESOLUTIONS ITEM#65260 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AMEND the City Code re Encroachments: a. Article VI, Chapter 33 re public streets and places Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson October 6, 2015 II 1 AN ORDINANCE TO AMEND CITY CODE SECTIONS 33-113, 2 33-113.1, 33-114.3 and 33-114.5, ADD NEW SECTIONS 33- 3 113.01 AND 33-113.02, AND REPEAL SECTIONS 33-114, 33- 4 114.1 AND 33-114.2, PERTAINING TO ENCROACHMENTS 5 INTO PUBLIC STREETS AND OTHER PUBLIC PLACES 6 Sections Amended: City Code Sections 33-113, 33-113.1, 33- 7 114.3 and 33-114.5 8 Section Added: City Code Sections 33-113.01, 33-113.02 9 Sections Repealed: City Code Sections 33-114, 33-114.1 and 10 33-114.2 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 That Sections 33-113, 33-113.1, 33-114.3 and 33-114.5 of the City Code are 14 hereby amended and reordained, City Code Sections 33-113.01 and 33-113.02 are 15 hereby added, and Sections 33-114, 33-114.1 and 33-114.2, all pertaining to 16 encroachments into public streets and other public places, are hereby repealed, to read 17 as follows: 18 CHAPTER 33. STREETS AND SIDEWALKS 19 20 . . . . 21 22 Article VI. Encroachments into Public Streets and Other Public Ways, Places or 23 Property. 24 25 26 Sec. 33-113. Provisions applicable to all 27 encroachments. 28 29 ' - - -- - - - - -- - . - - - - -- - - - • - - - - •- - - - -- 30 - - - - • _ -- - - - - . _ - -- - - - - - A -- _ - - . -e • • 31 - - - _.... • - e-•: - •- - •- - - --- - - - • - - - -- - • - • 32 - - -- - - - - - - - •- -- - - •- . . . •- - - - -- - - _ _- • . - -- - 33 e - - - - - - - _ • -_ - _ - - . - . - - - - --- - - - - - -- - - _ 35 -- -e - - - e - - - - -- - - - - - - - - - ---- - - - - - -- - - 38 39 (a) Encroachments into, over, under or upon any public street, road, alley or 40 other public right-of-way or public property, shall be unlawful unless expressly 41 authorized pursuant to the provisions of the city code or by franchise, license, lease or 42 other legal instrument approved by the city council. The city council may deny or grant 43 permission to encroach subject to such terms and conditions as city council it may, in its 44 discretion, deem proper. Notwithstanding any other provision of law, city council shall 45 deny_any no encroachment request it determines in its die that is 46 determined to be detrimental to the public health, safety, welfare or interest shall be 47 approved. 48 49 (b) Any authorization for an encroachment granted pursuant to this Article is 50 hereby deemed to be a license only, and may be revoked, conditioned or otherwise 51 limited, with or without notice, at the pleasure of the city council. 52 53 (c) Authorization for encroachments other than those allowed pursuant to 54 subsection (b) of section 33-114.3 shall be in writing, approved as to legal sufficiency 55 by the city attorney and recorded in the Clerk's Office of the Circuit Court. 56 57 (d) Unless otherwise provided by the city council, it shall be a condition of 58 every encroachment authorized pursuant to any of the provisions of this Article that: 59 60 (1) The owner or occupant shall remove the encroachment, at no 61 expense to the city, within thirty (30) days after notification by the 62 city or such other time as may be directed by the city manager or 63 his designee; 64 65 (2) The owner shall indemnify, hold harmless and defend the city, its 66 agents, officers and employees, from and against all claims, 67 damages, losses, and expenses, including reasonable attorney's 68 fees, in any action arising out of the location or existence of such 69 encroachment; 70 71 (3) The owner shall obtain and maintain liability insurance with the city 72 as named insured, in the minimum amounts of five hundred 73 thousand dollars ($500,000.00) per person injured and property 74 damage per incident combined or, for subdivision identification 2 75 signs, two hundred and fifty thousand dollars ($250,000.00) per 76 person injured and property damage per incident; 77 78 (4) The encroachment shall not be unsightly or constitute a hazard; 79 80 (5) Prior to construction within or affecting any existing public street, 81 road, alley, or other public right-of-way or public property, the owner 82 or his agent shall obtain a permit from the permits and inspections 83 division of the department of planning in accordance with the 84 provisions of Article II of this chapter; 85 86 (6) No open cut of a public roadway shall be made unless specifically 87 allowed by the permit; 88 89 (7) No construction within or affecting any existing public street, road, 90 alley, or other right-of-way shall be allowed without an approved 91 traffic control plan; and 92 93 (8) The owner shall submit for review and approval, a survey of the 94 area being encroached upon or "as-built" plans of the 95 encroachment if required by either the city engineer's office or the 96 engineering division of the public utilities department. Such survey 97 or plans shall be certified by a professional engineer, surveyor or 98 such other qualified professional licensed to practice in the 99 Commonwealth of Virginia as the city manager or his designee may 100 require; provided, however, that this requirement may be waived if, 101 in the judgment of the city manager or his designee, the nature of 102 the work to be performed renders it unnecessary. 103 104 (e) .- •- •_ • _ -. -_ _ _ _ -_ •- - _ _ - Authorization to any person 105 to construct and maintain an encroachment into any public street or other public way, 106 place-o shall not relieve such person or encroachment of from complying with 107 all other applicable laws, regulations and requirements. 108 109 COMMENT 110 111 The amendments substantially revise this section by replacing the current language, which 112 is revised and moved to new Section 33-113.02, with provisions applicable to all encroachments, 113 whether authorized by the City Council or administratively. 114 115 3 116 Sec. 33-113.01. Violations; enforcement. 117 118 (a) In the event the city manager or his designee determines that there exists 119 any unauthorized encroachment, or that any encroachment is in violation of any 120 applicable provision of this Article or condition of approval therefor, he shall give notice 121 thereof to the owner or occupant of such encroachment, stating the nature of the 122 violation and ordering the removal of the encroachment or correction of the violation 123 within a reasonable period of time specified in the notice. Such notice shall be in writing 124 and served upon the owner or occupant of the encroachment or his agent, and may be 125 served personally, sent by certified or registered mail to the last known address of the 126 owner or occupant or his agent as shown on the current real estate tax assessment 127 books or current real estate tax assessment records, posted in a conspicuous place in 128 or upon such encroachment, or served by any other means authorized by law. 129 130 (b) Such notice shall also state that the owner or occupant shall respond to the 131 notice within thirty (30) days of the date of the notice, in writing, by electing to: (i) 132 remove the encroachment or otherwise correct the violation within the time period 133 specified in the notice; or (ii) apply for approval of the encroachment within sixty (60) 134 days of the date of the notice. If the owner or occupant fails to respond to such notice 135 within the aforesaid thirty (30) days, the city manager or his designee shall proceed in 136 accordance with provisions of subsection (c). In the event the owner or occupant elects 137 to seek approval of the encroachment, the city manager shall not take enforcement 138 action unless the applicant fails to file an application within the required time. 139 140 (c) Failure to comply with the terms of such notice within the time specified 141 therein shall be remediable in the following manner. The election by the city of any one 142 or more or the remedies set forth in this subsection shall not preclude the city from 143 seeking any other such remedy: 144 145 (1) By a civil penalty in an amount not to exceed one hundred dollars 146 ($100.00) for each day that the unauthorized encroachment 147 continues; 148 149 (2) By legal action to enjoin the continuing violation of this section or 150 by action in ejectment or other appropriate legal proceeding to 151 recover possession of the street, road, alley or other public right- 152 of-way or public property; 153 154 (3) By removal of such encroachment by or on behalf of the city, in 155 which event the cost thereof shall be charged to the owner or 4 156 occupant of the encroachment and collected as real estate taxes 157 are collected; 158 159 (4) By charging, the owner or occupant of the encroachment, pending 160 the removal of any such encroachment, compensation for the use 161 of such portion of the street, road, alley or other public right-of-way 162 or public property at the equivalent of the tax upon the land so 163 occupied if it were property of the owner or occupant; or 164 165 (5) By abatement as a nuisance. 166 167 (d) Notwithstanding any other provision of this section, the city manager or his 168 designee may, without notice, remove or cause the removal of any unauthorized 169 encroachment, without liability to the owner or occupant of such encroachment, if he 170 determines that such encroachment: 171 172 (1) Interferes with the intended use of a public street, road, alley or 173 other public right-of-way or public property; 174 175 (2) Constitutes or causes a physical or visual obstruction to vehicles, 176 pedestrians, bicyclists or other persons; 177 178 (3) May interfere with the response to an emergency on the property 179 on which the encroachment is located; or 180 181 (4) Otherwise constitutes an imminent hazard to the public health, 182 safety or welfare. 183 184 COMMENT 185 186 This section sets forth provisions on enforcement. The provisions substantially expand the 187 remedies that are available to the City to address unauthorized encroachments but do not include 188 the current criminal (Class 3 misdemeanor) penalties that apply to unauthorized encroachments by 189 signs. 190 191 Sec. 33-113.02. Applications for encroachments. 192 193 Except as otherwise provided in this Article, Applications applications for 194 encroachments into public streets, roads, alleys or other public rights-of-way or other 195 public property shall be made to the city manager of his designee. A fee of two hundred 196 fifty dollars ($250.00) shall be paid to the city for the processing of an application for an 5 197 encroachment. No such application shall be accepted unless the fee therefor is paid at 198 the time the application is filed. The city manager or his designee is hereby authorized 199 and directed to adopt a procedure for the processing of such applications and, where 200 city council approval is required, the reporting to the city council of any detrimental 201 effect which a requested encroachment may have on the public health, safety, welfare 202 or interest. 203 COMMENT 204 205 This is substantively the same as prior City Code Section 33-113, but has been 206 renumbered and placed in a separate section. 207 208 209 Sec. 33-113.1. - ' - '- - . .. - . ' - 210 applications Encroachments by private underground utilities 211 and subdivision identification signs. 212 213 (a) The City city council hereby authorizes the city manager or his designee; 214 upon proper application to the department of public works, to approve any 215 encroachments into public streets, ways, places, or property roads, alleys or other 216 public rights-of-way or other public property f-ef12y private underground utilities and 217 subdivision identification signs, as defined herein, when upon the following conditions., 218 in addition to those required by Section 33-113 are met: 219 220 (1) The owner shall remove the encroachment within thirty (30) days 221 - - • - - •- - - • - 222 223 (2) The owner shall indemnify, hold harmless and defend the City of 224 Virginia Beach, Virginia, its agents, and employees, from and 225 against all claims, damage —lesses, and expenses, including 226 - - - - - - -- 1 __ - ' _ - - -- - - 227 _ - - - - - - - - - - - - --- - - - - - 228 enGreashmentand; 229 230 _ -- - - - - - • - - • • • - - - - - - • - 231 city as named insured, in the minimum amounts of five hundred 232 - - - - - - - _ .. ... .. - • - -- - - - - 233 damage per incident combined for private underground utility 234 - -- - - - - - - - - - - - - - - - 235 _ . ... .. - - - • - •- - - - - -- ' - - - - - - - - . 236 -- - - - - - - - - • -- - - - - -- - .. ; -6 237 {1) The owner shall construct and maintain the encroachment to 238 _ - • - -- • • - - - - - - - •; - - 239 240 {5) Prior to construction within any existing public right of way, the 241 _ . • - - - - - - - - ' - -- .. _ . _ - - 242 - - • - • - - - - - • ••- • - - - e; -243 244 = _ - - - - - - - • -- - - - - - -- - - - - •- 245 - - - - - • - - - - - - - -- _ _ _' 246 engineer; and 247 248 {7) Prior to construction within any-existing right of way, the owner or 249 •• - - - • - - - - -e • - - - - - -, - - - -- - - - •; 250 and 251 252 (8) 253 - -- - - - -- - - - - •, - - - - - - - - - - • -- , 254 and/or "as built" plans of the encroachment if required by either the 255 - - - -- - - • - - - - - - - - -256 department; and 257 258 {9} (1) If the encroachment is consists of private water mains or private 259 gravity sanitary sewer laterals or force mains, the owner shall 260 abandon the private service and connect to the city system comply 261 with the provisions of Section 28-2 or 37-5 when-it at such time as 262 public sanitary sewer or public water service becomes available to 263 the site being serviced by the encroachment; and 264 265 (10) Above ground encroachments shall conform to the minimum 266 setback requirements, as established by the city traffic engineer's 267 office; and 268 269 (11) (2) If the encroachment is a subdivision Subdivision signs; the 270 shall not exceed be greater in area than thirty-two (32) square feet 271 per face, `hallnot exceed have more than two (2) faces, shall not 272 or exceed six (6) feet in height above the natural grade at the curb;_ 273 and Landscaping be approved by the department 274 of parks and recreation shall be provided. No subdivision sign shall 275 be located so as to constitute a traffic hazard, 276 7 277 (b) Definitions. The As used in this section, the following words, when used 278 this section, shall, for the purpose of this section, have the meanings respectively 279 ascribed to them herein, except in those instances when the context clearly indicates a 280 different meaning: 281 282 (1) "Owner" shall mean the person who holds legal title to a building or 283 284 285 (2) (1) "Private underground utilities" shall mean any private gravity or 286 pressurized pipe for the conveyance of raw 287 sewerage, water or storm drainage, other than stormwater 288 conveyance facilities described in subdivision (iii) of Section 33- 289 114.5, private irrigation systems and underground conduit for wires 290 and cables. 291 292 (3) (2) "Subdivision identification signs" shall mean any nonoommemial 293 sign identifying a residential subdivision, and shall inoluding include 294 the electrical components necessary to light the sign and 295 associated landscaping and related irrigation around the sign. 296 297 (c) Any encroachment shall be constructed and maintained in accordance 298 - - - • • - - - - - - = - - - - • 299 - - • - e - - -- e , e e - - - - - - _ e - - - 300 otherwise provided in this section or section 33 113 or section 33114, no 301 encroachment or use and occupancy of a public street, way, place or property of 302 _ - - - - - - - - -- - -- .. -- - • - - - -- - - - - .. .. -- - - - 303 permitted-without-the consent of the city council. Every such encroachmen+ase and 304 _ - - - -- - - - - -- - - - - - - - - - - • - - - - 305 306 307 (d) This section shall not be read as authorizing any encroachment which 308 - - - - - - - - - - - • - - - - • e•-•- =-- - • e•-•-, - - - 309 Commonwealth-of-Virginia, 310 311 (e) (c) if it is determined that an No application for an encroachment that does 312 not meet comply with all of the criteria listed above, set forth in this section then-the-city 313 ••- '- e - e - - -- - e - - - - - - - - - - - - -- - .. _ . 314 application shall be approved by the city manager or his designee; provided, however, 315 that upon denial of the application, the The applicant may -- • _ _ • - _ __-_ _ - - 316 forth in section 33 113 of the City Code in order for said encroachment to be considered 8 317 by seek authorization of the encroachment by making application in accordance with the 318 provisions of section 33-113.02 city council. 319 320 1 - - - - - - - - - - - - - - - - - - - 321 - • - •-- - - - • - - --- - - - •- - -- • - -- - 322 COMMENT 323 324 The section has been substantially rewritten so as to (1) delete provisions that apply to all 325 encroachments, rather than only encroachments for subdivision signs and underground utilities; 326 and (2) make technical and stylistic changes. The deleted provisions (other than the definition of 327 "owner,"which is unnecessary,as the term is defined in City Code Section 2-1) have been included, 328 as revised,in Section 33-113,pertaining to requirements for all encroachments. 329 Sec. 33-113.2 Administrative approval of temporary encroachments into 330 Neighborhood Dredging Special Service Districts 331 332 (a) City council hereby authorizes the city manager or his designee, upon 333 proper application to the department of public works, to approve any temporary 334 encroachment into city-owned waterways and city-owned property adjacent to 335 waterways for boatlifts, bulkheads, rip-rap, piers, boat-ramps, decks, shoreline 336 stabilization projects, pilings, wharves, and associated walkways and landscaping in 337 any of the council-approved neighborhood dredging special service districts when the 338 following conditions are met: 339 340 (1) The owner has procured any permits required by the city or other 341 applicable regulatory body; and 342 343 (2) The owner has secured approval from any board or body appointed 344 by the city to oversee the general health and welfare of the 345 Chesapeake Bay, wetlands, and any rivers, beaches or waterways; 346 and 347 348 (3) The city attorney or his designee has reviewed and approved the 349 encroachment request for compliance with relevant local 350 ordinances and resolutions, the city code, state law, federal law and 351 regulations, and that adjacent property owners have been notified_; 352 and 353 354 A • - -e - e - - - - -- - - - - - - . - - ' - - 355 - - --- -, - - • - 9 356 (b) The requirements provided by Section 33 113.1 (c), (d), (e), and (f), as 357 - - - - - - - - -- - - -- - - - - '- - • - . 358 359 (s) 021 The application and processing fee for such temporary encroachment 360 shall be as provided by section 33-113.02. 361 362 (d) (c). The applicant shall provide the required 15-foot vegetated riparian buffer 363 area or shall provide payment to the city for offsetting buffer improvements. 364 365 (e) (d) Any application that includes a boathouse is excluded from the 366 authorization for an administrative process set forth by this section. 367 368 (f (j The application for such encroachment shall include proof of notice to the 369 adjacent property owner. If an adjacent property owner objects to such application 370 because of navigational concerns, the application shall be excluded from the 371 authorization for an administrative approval set forth by this section. 372 COMMENT The amendments to this section renumber the section references and make certain other technical corrections in order to conform to the renumbering of the sections. 373 374 375 - . . - '. .. 376 [RESERVED]. 377 378 -- - - - - - - - - -- - - - - - - 379 approve any encroachment into public streets, ways, places or property for a wall 380 . . _ - - - - - - -- - - - - ..- : 381 382 (1) All the signs at the subject location, including the proposed sign, must be 383 •• -- - • - • • • - -- - - • - - e-•-- - - - --; -384 385 - - - - - - - - - - - - - - - - -- 386 _ - . . _ - - - -- - • - - - ---e - - - - - - .. -•" - - 387 the depth of the sign itself exceed twelve (12) inches. 388 389 For purposes of this section, the phrase "wall mounted sign" shall be defined as a 390 _ - • - -- _ - - - - - - - •- - - - --- - • - - - - • - - - •- • • • 391 - - e • e- - - - - • ' - - • • - - - -e. 10 392 393 - - - - -- - - - - - - - - - -- - ' - - - - • 394 - : ••:' - - • - • - -- • - -• - -- -. •-• - - . . .-- - • - - - - e- -• •• - 395 - - .. - • • • • 395 ••-- • - - ' - - - - - -, e e • - • e -- - - - - - - • e e _ ee -- - • • 396 - • - -' • - • - - - e - • - - - -- - 397 398 . - - •• - -- - - - - - -- - - - - - -- - •• - - _ •• -- - - 399 • •- - • - • -e - - _ -, • -n the city manager or his designee is expressly precluded 400 - • - - - - - -- - - - - -- - - - - -- - - -401 procedure set forth in section 33 113 of the City Code in order for said encroachment 402 _ ee •._ •- e -- -- -- -- - 403 COMMENT 404 The section has been repealed, as wall-mounted signage is treated in Section 33-114.3 405 pertaining to signs in zoning districts within Strategic Growth Areas. 406 407 - . - - . - •• _ - • _ . . . •• - • . . 408 [RESERVED] 409 410 (a) Except as otherwise provided in this Article, It it shall be unlawful for any 411 person to erect or maintain, or to cause or allow to be erected or maintained, any sign, 412 _ e, - e . -- e e ' - - - - - - - - - - -- - - , . • - - - - -- •, •, - - - • • 413 - - --e•--- , e _ • - - - - - - • - • - - • - • • 414 - - - - - •- - - • - • - - -. 415 416 For purposes of this section, the terms "person" and "street" shall be defined in 417 - --e e - • -- • • •e - - - -e-. 418 419 (b) Whenever the director of planning determines that there has been a 420 violation of-this section, he shall give notice thereof to thc owner or occupant of thc 421 - - - - - • - ' - - - - - - - - - - -- - - - - - - - - -422 • - - - - - - - - - _ - - - • - - - .- - - - - _ .- - - -- - - - - - - - -_ 423 • • - -- - - - - -- -- - -- -- • - - . - - - - . - . - -424 shall be served upon the owner or his agent or the occupant, and shall be deemed to be 425 e - -- - -- - ee • - - - - - - - - - - • - - - - • - -• - - - • - • -- - - - • . .. 426 personally, sent by certified or registered mail to his last known addros,e or the address 427 e e ee - ' - - - -- - - - - - - • - -e - - - - -e, ee 4 • 28 -- • e•-. e . a - -- • e - ee• - -• - ee - , e - • -e - e -- - - •e e 429 by-the laws of this state. 11 430 (c) Failure to comply with the terms of such notice within the time specified 431 -- - • - - - - - ' -- - - - - •• - , - - '- - - - _ _ - • • 432 - - - -- - -- • - - - ' -- - - - • - - - - - - - - - ' - 433 - - - . , - - - , - - , - - ' - - - - - • - - .•_•• •- • 434 -- - - - - - - - •; - - - - -- - - - - -- e - - - 435 - • - -- -• ..- . _ - - • -- - - - - - _ - 436 - - - - - - - -- - - - - - - - - -- - -*; - - - , - 437 behalf of the city, pending the removal of any such encroachment or encroaching 438 - - - • -- -- , - - - ' - • - -- - - - - - - - - ee e e • - -- 439 - '- - • - • - - - - - - -e - - - -_ • • • - - e ee- • - ._ - . . _ . 440 441 (d) [Reserved] 442 COMMENT 443 The section has been repealed, as encroaching signs are treated in this Article identically to 444 other unauthorized encroachments. 445 446 - .. - - - 447 [RESERVED] 448 (a) Notwithstanding the provisions of section 33 111.1 of this Code, the city 449 manager or his designee shall, and is hereby vested with the authority to, approve the 450 - - -- - , - - - • - - - - - - -- , e - • - - - - - -- e. •• e 451 - - - - - - - - e - . _ - _ - A - - ' -- - 452 Design Guidelines of this city, dated February 29, 1988, and hereby approved and 453 .e - • - - - - - •- - - - - ••-- -- - • - - - - - -- - - - - - - 454 --•e•-- -- , -e . . - - -e - -e . - 455 456 (b) Such approval may be conditioned upon the conformance of the building 457 - -- - - • - - - - - - - - - - - - - - ' - - • • 458 - - , - - - - - - - - - - e e - , • • • - - e e e 459 the city manager-ex-his designee may specify. In the event such building facade shall 460 - - -- - .. . . . - -- - -- - - - - - - 461 an unlawful encroachment subject to the provisions of section 33 114.1 of this Code. 462 463 (c) For purposes of this section, the term "street" shall be defined in 464 accordance with section 1 2 of this Code. 465 12 466 COMMENT 467 The amendment eliminates an outdated process for approval of awnings under the 1988 468 Resort Area Facade Program. Awning encroachments are treated in the following section. 469 Sec. 33-114.3. Administrative approval of encroachments 470 within certain zoning districts. 471 472 Notwithstanding the any contrary provisions of section 33 114.1 of this Code 473 Article: 474 (a) The city manager or his designee may, and is hereby vested with the 475 authority to, approve enter into written agreements allowing encroachments; upon or 476 over any public street, road, alley or other public right-of-way or public property or 477 sidewalk in any zoning district listed in Section 102(a)(13), pertaining to districts 478 implementing intended to implement a Strategic Growth Area Plant or in the B-4C 479 Central Business Mixed Use District, by outdoor cafes, fixed furniture or planters, 480 decorative architectural features, privately-maintained bus shelters or portions thereof or 481 other storefront uses appurtenances that are expressly allowed by the regulations of the 482 district in which they are located, provided that such encroachments substantially 483 conforms to applicable regulations and design guidelines for the district in which it-is 484 they are located. Such encroachments shall also comply with all applicable zoning and 485 building codes, regulations and standards. 486 487 (b) Encroaching signs, fabric awnings, building-mounted light fixtures, non- 488 fixed objects, and other storefront appurtenances uses or structures, other than 489 encroachments authorized pursuant to subsection (a), that are expressly allowed 490 pursuant to the regulations of any zoning district listed in Section 102(a)(13), in which 491 _ __ _ _ _ • _ _ - _ _ - - - - - _ -_ shall be permitted, without payment of 492 the a fee prescribed in section 33 113 of this Code, and without a written agreement in 493 accordance with the applicable regulations of such district. • - -' . - _ ._ . 494 - - - - - -- - - - - - -- - - -- - - _ - -495 thereof in accordance with section 33 114.1 of this Code. Such encroachments shall 496 conform to the applicable regulations and design guidelines of the district in which they 497 are located and to all applicable zoning and building codes. 498 499 (c) Notwithstanding the provisions of subsection (a), open-air cafes on public 500 property in the OR Oceanfront Resort District or the RT-1 or RT-3 Resort Tourist 501 Districts shall require the approval of the city council pursuant to franchise and shall be 502 subject to the provisions of the Resort Open Air Café Guidelines. 503 13 504 COMMENT 505 The amendments amplify and clarify the type of encroachments that may be approved 506 administratively. These encroachments include, without limitation, outdoor cafes (except those in 507 the Resort Area), fixed furniture or planters, decorative architectural features, privately- 508 maintained bus shelters and similar storefront appurtenances. but only if they are (1) located 509 within zoning districts implementing Strategic Growth Area Plans or the B-4C Central Business 510 Mixed Use District; and (2) expressly allowed by the zoning regulations of the district. Such 511 encroachments are required to conform to the district regulations and any applicable design 512 standards. 513 A further distinction is made for encroaching signs, fabric awnings, building-mounted light 514 fixtures, non-fixed objects, and other storefront appurtenances within a zoning district in an SGA 515 where such encroachments are expressly allowed, e.g., the Central Business Core District or 516 Oceanfront Resort District. Such encroachments do not require the payment of a fee or necessitate 517 a formal agreement, but are required to conform to the district regulations and any applicable 518 design standards as well as to other applicable zoning and building code regulations. 519 All such encroachments are required to conform to all applicable zoning and building 520 codes, regulations and standards, and the failure to comply with any condition or provision 521 applicable to such an encroachment is a violation of this Article and may be addressed by any of the 522 remedies set forth in Section 33-113.01. While the language stating this rule has been deleted from 523 this section,it is stated in Section 33-113, such that it is unnecessary and repetitive to keep it in this 524 section as well. 525 . . . . 526 527 Sec. 33-114.5. Exempted encroachments. 528 529 The following improvements upon city-owned property are not considered 530 encroachments shall be exempt from the provisions of this Article_ , provided such 531 improvements are otherwise properly permitted and do not present a safety risk: (i) 532 driveway aprons; (ii) private sidewalks that connect to public sidewalks; (iii) extension of 533 private underground storm water stormwater conveyance facilities that connect to public 534 systems within a public street, public right-of-way, public easement, or other public 535 property, provided such connections remain within the property's extended side lot lines; 536 and (iv) fences along extended side lot lines between privately owned real property and 537 a sound wall or similar noise attenuation structure. Nothing herein shall be construed to 538 authorize the construction or maintenance of any improvement 539 upon City city property that presents constitutes a danger to the public health, safety, or 540 welfare, and nothing herein shall relieve the owner of any such improvement from the 541 duty to remove such encroachment if a public need for its removal should arise. 542 14 543 COMMENT 544 The substantive amendments to this section (1) exempt the named improvements from the 545 provisions of this Article rather than declaring them to not be encroachments at all; (2) limit 546 stormwater facilities that are not treated as encroachments to stormwater conveyance facilities that 547 are within the extended side lot lines of a parcel, and (3) require the named improvements to be 548 moved if a public need for their removal should arise. Other amendments are technical or stylistic 549 in nature. 550 551 Adopted by the City Council of the City of Virginia Beach, Virginia on the 6th 552 day of October 20 15 553 554 555 556 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 557 558 � / Alit 559 16 , ` I i' ' ,� _.i'1. !_�t VIv • 560 Department of Public Wor s City Attorney's Office 561 562 563 APPROVED AS TO CONTENT: 564 565 566 A�A .�_ I - 567 Des artment of Plannin2 568 569 570 CA-13283 571 R-13 572 September 29, 2015 15 -47- Item -VI-J.lb ORDINANCES/RESOLUTIONS ITEM#65261 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AMEND the City Code re Encroachments: b. Chapter 10 Public Works Specifications and Standards re encroachments in rights-of-way Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson October 6, 2015 1 AN ORDINANCE TO AMEND SECTIONS 10.1 AND 10.2 2 OF THE PUBLIC WORKS SPECIFICATIONS AND 3 STANDARDS, PERTAINING TO ENCROACHMENTS INTO 4 PUBLIC RIGHTS-OF-WAY 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Sections 10.1 and 10.2 of the Public Works Specifications and Standards, 9 pertaining to encroachments into the public rights-of- way, are hereby amended and 10 reordained by the substitution of the attached document entitled "Public Works 11 Specifications and Standards, Chapterl0, Plats, Easements, and Encroachments," for 12 the current Public Works Specifications and Standards Sections 10.1 and 10.2. Such 13 amendatory document has been exhibited to the City Council this date and is on file in 14 the City Clerk's Office. 15 COMMENT 16 17 The ordinance replaces the current Sections 10.1 and 10.2 of the Public Works Standards 18 and Specifications, pertaining to encroachments into the public rights-of- way, with revised 19 sections. The revisions are necessary to conform the two sections with the revised Article VI of 20 Chapter 33 of the City Code,adopted concurrently with this ordinance. 21 22 23 Adopted by the City Council of the City of Virginia Beach, Virginia on the _6th 24 day of October 20 15 APPROVED AS TO LEGAL SUFF IENCY: APPROVED AS TO CONTENT: (..)644,14 ,k iv iv P ' , City Attorney's Office Public Works Department CA13490 R-1 September 4, 2015 I it Public Works Specifications and Standards Chapter 10 Plats, Easements, and Encroachments 10.1 General All plats,,and easements and encroachment agreements must be recorded with the Clerk of Circuit Court for the City of Virginia Beach, Virginia in accordance with City Code Section 33-113(c). • - '. . '- ' a. - . - e _ . .• - . encroachments be recorded. All surveys and plats, shall be based on the following datums: Horizontal Control: All surveys shall be on the Virginia State Plane Coordinate System, South Zone, NAD 1983/93 (HARN) all measurements expressed in U.S. Survey Feet. Vertical Control: All surveys requiring elevations shall be based on North American Vertical Datum (NAVD), 1988. Appropriate environmental assessments and title reports are required for acquisition and/or dedication of land to the City for easements, right-of-ways, or fee simple ownership. 10.2 Encroachments into Public Right-of-Ways This section outlines procedures for processing encroachments planned to be temporarily or permanently installed, erected, or placed in a public right-of-way, easement, on public property, or in navigable waters. ENCROACHMENT APPLICATION FEE PROCESS 1. • . : . _ .. . _ - - - • - - , • - - , . • .. '_. •.-; . ._ •_ . _ • .. . . .. - • .. • ... The Encroachment Application Fee of TWO HUNDRED AND FIFTY DOLLARS ($250.00) is submitted to Public Works / Real Estate for processing. Consistent procedures are needed to guarantee proper routing of the funds. 2. For the purpose of this section,the following definitions shall apply: Page 10 -1 Plats, Easements & Encroachments 12/10 Public Works Specifications and Standards Parcel a piece of real property, which has not been further bisected by either lot lines or property lines [RESERVED] 3. The following, define what the TWO HUNDRED AND FIFTY DOLLAR ($250.00) encroachment application fee covers. a. Only one processing fee of TWO HUNDRED AND FIFTY DOLLARS ($250.00) will be required to accompany an encroachment application for one or more subdivision identification signs whenever all of such encroachments are applied for under a single application and all of the signs applied for are located within the same subdivision. b. Only one processing fee of TWO HUNDRED AND FIFTY DOLLARS ($250.00) will be required to accompany an encroachment application for one or more encroachments whenever all of the encroachments are applied for under a single application and are associated with the same parcel. c. Individual processing fees of TWO HUNDRED AND FIFTY DOLLARS ($250.00) each, will be required to accompany individual encroachment applications whenever the encroachment is located on a separate parcel, even though the property may be owned by the same applicant. 4. All Encroachment Applications are to be filed with the Public Works Real Estate Department: a. The PW/Administrative Assistant reviews the application prior to assignment to a Right of Way Agent("ROW")to ensure the following: i. Application is filled in properly and signed by the owner of the property shown on the Commissioner of Revenue Land Records, print and title update; ii. Check in the amount of$250.00 made payable to Treasurer of the City of Virginia Beach; iii. 8 '/z" x 11" Map showing the location of the encroachment that is at least 9 point font, 8 copies; iv. Photographs;and v. All other information required by the City Code; and vi. Proper documentation received for parties authorized to sign on behalf of corporations, LLC, partnerships, etc. and that they are authorized to do business in the State of Virginia(SCC). If the application is not complete, the PW/Administrative Assistant returns the Application to the Applicant notifying them what is needed before the Application is assigned to a ROW. Page 10 - 2 Plats, Easements & Encroachments 12/10 Public Works Specifications and Standards 5. Upon receipt of the proper application, the Real Estate Agent and/or his designee assign the encroachment request to a ROW Agent. The ROW is responsible for the following: a. Preparing the original form memo forwarding the application fee to the Public Works Business Manager. The form will include the application fee, name of the applicant, the check number, amount of the check, and identify what type of encroachment request. b. The Right of Way Agent reviewing the encroachment application will document receipt of the fee and deposit the funds with the Public Works / Business Managers Office in a timely manner. The ROW will document the computer data base showing who the check was given to. c. The Right of Way Agent will make two copies of the memo and the check. The ROW will place one copy in the encroachment file and provide the other copy, along with a computer data base print out to the administrative assistant for their records. d. The Public Works Business Manager will deposit the money in the Encroachment Application Fee Account, this account is part of the General Fund. e. At this time the ROW will prepare a memo is sent to PW / Engineering / Drafting to prepare a location map of the requested encroachment. The map will include an overlay of any City projects and/or City property. For further procedure please proceed to either: ADMINISTRATIVELY APPROVED ENCROACHMENTS or COUNCIL ACTION ENCROACHMENTS Page 10 -3 Plats, Easements & Encroachments 12/10 Public Works Specifications and Standards ADMINISTRATIVELY APPROVED ENCROACHMENTS 1. Encroachments into public streets, ways, places, or property for private •. -• .• •• - • •- ' .._, aptcr 33, Article VI, § 33 113.1. Criteria 2. Encroachments into public streets, ways, places for wall mounted signs must meet • -• - - -. _ . • .. , •. . - , • - _ - 3. Encroachments for any awning upon or over any public street which conforms to • _ . . ._ _ . 5: ' '- City Code, Chapter 33, Article VI, § 33 111.2. '1. Encroachments within the B 3A Pembroke Central Business Core District that meet the criteria outlined in City Code, Article VI, § 33 114.3. Administrative All encroachments approved administratively shall conform to the applicable conditions set forth in Article 6 of Chapter 33 of the City Code. Procedure: All requests for administrative approval of encroachments shall be submitted on the form, City of Virginia Beach Encroachment Application with the required information. 1. ROW is responsible for preparing the encroachment distribution memo, include a copy of the plat and location map and route to all appropriate city agencies for review and comments. The routing process takes approximately two weeks. The comments will be compiled and reviewed by the ROW. A recommendation of approval or denial will be determined from the comments received as a result of the distribution memo routed to various city agencies. 2. The Real Estate Agent and/or his designee will review the recommendations with the ROW and if the application is recommended as a denial, the applicant will be notified. 3. If there is a resolution to the recommendation of denial, the ROW will work with the applicant until the problem(s) can be resolved and the encroachment sent forward as an approval. 4. If there is no resolution to the recommendation of denial, the applicant is given two options: (a) withdraw the application (file is closed) or (b) appeal staff's -- . •- -. -- . apply for approval by the to City Council and they Page 10 - 4 Plats, Easements & Encroachments 12/10 I i Public Works Specifications and Standards will vote on the requested encroachment (For Procedure on Appeal follow Council Action Encroachments). 5. Once the applicant has been notified of staff's recommendation of approval the ROW is responsible for preparing and sending the agreement to the applicant to date, sign, notarized, and returned to the Office of Real Estate for further processing. 6. Upon receipt of the signed agreement from the applicant, the ROW will prepare a package consisting of the following documents: a. The ROW will have the signed Agreement "Approve As To Content" by the Real Estate Agent and/or his designee. b. The ROW will draft the form memo addressed to Deputy City Attorney and attach the original executed agreement. 7. The PW/Administrative Assistant will forward the memo and agreement to the Director of Public Works for his signature. Upon his signature, the PW/Administrative Assistant will forward them onto the Deputy City Attorney's Office. 8. The Deputy City Attorney's Office will review for legal sufficiency and, if approved, will will sign the "Approved As To Legal Sufficiency" and send it to the City Manager and City Clerk for signatures. 9. Once the document has been fully executed, it will be returned to the Deputy City Attorney's Office so the document can be recorded by the Clerk of the Circuit Court of Virginia Beach and given an instrument number. 10. The Deputy City Attorney's office will send the ROW a copy of the recorded document. The ROW will forward a copy of the fully executed and recorded agreement to the applicant and close the file. 11. Upon notification that the document has been fully executed, the applicant can begin to construct and maintain the encroachment according to the terms of the agreement once a permit from the Development Services Center (DSC) has been issued. Page 10 -5 Plats, Easements& Encroachments 12/10 Public Works Specifications and Standards COUNCIL ACTION ENCROACHMENTS Procedure: 1. Upon receipt of the Application and Processing Fee, the ROW will be responsible to prepare the encroachment distribution memo route it along with a copy of the plat and location map to all appropriate city agencies for review and comments. The routing process takes approximately two weeks. The comments will be compiled and reviewed by the ROW. A recommendation of approval or denial will be determined from the comments received as a result of the distribution memo routed to various city agencies. 2. The Real Estate Agent and/or his designee will review the recommendations with the ROW and if the application is recommended as a denial, the applicant will be notified. 3. If there is a resolution to the recommendation of denial, the agent will work with the applicant until the problem(s) can be resolved and the encroachment sent forward as an approval. 4. If there is no resolution to the recommendation of denial, the applicant is given two options: (a) withdraw the application (file closed) or (b) appeal staffs recommendation of denial to City Council and the following procedure will apply. 5. Once the applicant has been notified of staff's recommendation either approval or denial (and if applicant elects to appeal) the ROW is responsible for preparing the necessary agreement to the applicant to date, sign, notarized, and returned to the Office of Real Estate for further processing. 6. Upon receipt of the signed agreement from the applicant, the ROW will prepare a Council Action Package (the "Package")consisting of the following documents: a. Action Transmittal Form - prepared and initialed by the City Real Estate Agent and/or is designee. b. Agenda Item - is prepared, the Council date selected and initialed by the City Real Estate Agent and/or his designee. c. Ordinance - prepared and signed by the City Real Estate Agent and/or his designee. d. Location Map. Page 10 - 6 Plats, Easements & Encroachments 12/10 I II Public Works Specifications and Standards e. Agreement — original, signed and notarized by the owner and initialed by the ROW and Approved As To Content by the City Real Estate Agent and/or his designee. f. Map - The map exhibit provided by the applicant showing the encroachment is attached and labeled Exhibit"A". g. Pictures - Pictures of the location of the requested encroachment and pictures of any same/similar encroachments in the area should be labeled and presented with the City Council Package. 7. The ROW will obtain a Council date and have the Real Estate Agent and/or his designee sign the Package and forward it to the PW / Administration for approval and signature and returned to PW/Real Estate Administrative Assistant for further processing. 8. PW/Real Estate administrative assistant will document the computer data base with the Council date and forward the Package to the Deputy City Attorney's Office, Real Estate Division along with a check for the recording fee from the applicant. The Package will be assigned to an attorney for review. If there are changes that need to be made, the attorney will return the Package to the ROW to make necessary changes. Once the changes are made the Package is sent back to the attorney to continue the approval process. The attorney assigned to the file City Attorney's Office will sign off on the Action Transmittal Form, and Approve as to Legal Sufficiency and Form on the Ordinance and the Agreement. It will then go to the City Attorney to be approved. Upon approval the City Attorney's Office is responsible for hand delivering transmitting the package to the City Manager to be placed on Council's agenda and a fully executed copy returned to the ROW. 9. The ROW will make a copy for the file and provide one to the Director of Public Works prior to the Agenda Setting meeting. 10. The applicant is notified of the date and time of the City Council hearing so that they can be present. 11. If the package is denied by City Council the applicant is notified of the outcome by phone and a letter follows. (See Attachment — Denial Letter) If the package is approved by City Council the applicant is sent a letter and a copy of the executed and recorded agreement to keep in their file. 12. Upon receipt of the fully executed agreement by the applicant and the City Manager construction and maintenance of the encroachment can begin once a permit from DSC has been obtained. 13. The file is then given to the PW/RE Administrative Assistant and the computer data file is closed. Page 10 -7 Plats, Easements & Encroachments 12/10 -48- Item -VI-J.2 ORDINANCES/RESOLUTIONS ITEM#65262 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND an existing Franchise Agreement and GRANT a New Franchise Agreement for an Open air Cafe in the Resort Area (11th Street Cafe) Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson October 6, 2015 1 AN ORDINANCE AMENDING AN EXISTING 2 FRANCHISE AGREEMENT AND GRANTING A 3 NEW FRANCHISE AGREEMENT FOR AN 4 OPEN AIR CAFE IN THE RESORT AREA 5 6 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 7 the City Manager to promulgate Open Air Café Regulations, which have been amended 8 from time to time, for the operation of open air cafés on public property; and 9 10 WHEREAS, the City Council has traditionally granted initial franchises for one- 11 year terms; and 12 13 WHEREAS, if an open air café is successfully operated during the initial one- 14 year term, the franchisee may return to Council and request a five-year franchise 15 agreement; and 16 17 WHEREAS, on May 5, 2015, City Council awarded a five-year franchise 18 agreement to 11th Street, LC, t/a 11th Street Café, for operation of an Atlantic Avenue 19 Side Street Café; and 20 21 WHEREAS, 11th Street, LC operates a Connector Park Café, not an Atlantic 22 Avenue Side Street Café; and 23 24 WHEREAS, the franchise agreement requires revisions to be executed with the 25 same formalities as the underlying franchise agreement; and 26 27 WHEREAS, the purpose of this ordinance is, in part, to amend the franchise 28 agreement previously awarded by City Council on May 5, 2015 to reflect that 11th 29 Street, LC operates a Connector Park Café; and 30 31 WHEREAS, no additional revisions are being proposed to the 11th Street, LC 32 franchise agreement; and 33 34 WHEREAS, the Strategic Growth Area Office recommends that the 11th Street, 35 LC, t/a 11th Street Café, franchise agreement be amended as set forth above; and 36 37 WHEREAS, Jay & DIP Corporation, t/a Tropical Smoothie Café, is seeking a 38 new, one-year franchise agreement for operation of an Atlantic Avenue Side Street Café 39 at 211 25th Street; and 40 41 WHEREAS, the Strategic Growth Area Office recommends that Jay & DIP 42 Corporation, t/a Tropical Smoothie Café, be granted an open air café franchise 43 agreement with a term of one year. 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 46 VIRGINIA BEACH: 47 48 That the City Council hereby 1) approves an amendment to the 11th Street, LC, 49 t/a 11th Street Café, franchise agreement to reflect that 11th Street, LC, t/a 11th Street 50 Café, is operating a Connector Park Café; and 2) grants a one-year franchise 51 agreement to Jay & DIP Corporation, t/a Tropical Smoothie Café, for operation of an 52 Atlantic Avenue Side Street Café at 211 25th Street. Adopted by the City Council of Virginia Beach, Virginia on this 6th day of 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Strategic Growth Area Office City Attorney's Office ` CA13488 R-2 September 21, 2015 -49- Item -VI-J.3a ORDINANCES/RESOLUTIONS ITEM#65263 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE: a. The Subordination of Rights for a portion of the Lake Gaston pipeline crossing Pine Top Drive to Brunswick County and the Commonwealth of Virginia, Department of Transportation (VDOT) Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson October 6, 2015 1 AN ORDINANCE AUTHORIZING THE 2 SUBORDINATION OF RIGHTS IN THE PORTION 3 OF THE LAKE GASTON PIPELINE EASEMENT 4 CROSSING PINE TOP DRIVE IN BRUNSWICK 5 COUNTY, VIRGINIA TO BRUNSWICK COUNTY 6 AND THE COMMONWEALTH OF VIRGINIA 7 DEPARTMENT OF TRANSPORTATION 8 9 WHEREAS, the City of Virginia Beach (the "City") owns and maintains the Lake 10 Gaston Pipeline (the "Pipeline"), which provides water from Lake Gaston to the City; 11 12 WHEREAS, the Pipeline is located within a City-owned utility easement (the 13 "Easement"), which crosses Pine Top Drive in Brunswick County, Virginia (the 14 "County"); 15 16 WHEREAS, Pine Top Drive is privately owned and maintained by Pine Top Drive 17 Association, L.L.C. (the "Association"); 18 19 WHEREAS, the City is a member of the Association and pays annual dues for 20 maintenance of Pine Top Drive; 21 22 WHEREAS, the Association desires that the Virginia Department of 23 Transportation ("VDOT") accept Pine Top Drive into the secondary system of state 24 highways and be responsible for the maintenance thereof; 25 26 WHEREAS, prior to acceptance, VDOT requires that Pine Top Drive be 27 unencumbered; 28 29 WHEREAS, VDOT has requested the City subordinate its rights in Pine Top 30 Drive to the County and VDOT, and 31 32 WHEREAS, subordination of its rights in Pine Top Drive to the County and VDOT 33 would not interfere with the City's operation of the Pipeline. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 36 OF VIRGINIA BEACH, VIRGINIA: 37 38 That the City Manager is hereby authorized to execute the necessary documents 39 to subordinate the City's rights in Pine Top Drive to the County and VDOT, in 40 accordance with the Summary of Terms attached hereto as Exhibit A and made a part 41 hereof, and such other terms, conditions or modifications as may be acceptable to the 42 City Manager and in a form deemed satisfactory by the City Attorney. 43 Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of 44 October 2015. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM Lua(4, M A# --11-1----- City Attorney Department of Public Utiliti= CA13186 \\vbgov.com\DFS 1\Applications\CityLawProd\cycom32\Wpdocs\D013\P007\00055817.DOC R-2 September 24, 2015 2 EXHIBIT A SUMMARY OF TERMS SUBORDINATION OF RIGHTS IN THE PORTION OF LAKE GASTON PIPELINE EASEMENT CROSSING PINE TOP DRIVE IN BRUNSWICK COUNTY, VIRGINIA GRANTOR: City of Virginia Beach (the "City") GRANTEE: Brunswick County, (the "County") and Commonwealth of Virginia Department of Transportation ("VDOT") EASEMENT AREA: 4,800+/- square foot easement (approx. 0.11 acre) over a 60' x 80' portion of Pine Top Drive, located in the Powellton Magisterial District of Brunswick County, Virginia. CONDITIONS OF SUBORDINATION: • The City shall continue to have the right to construct, operate, maintain and repair the pipeline facilities in the facilities' existing location within Pine Top Drive, pursuant to an In-Place Land Use Permit currently on file with VDOT. • Upon VDOT's acceptance of the Pine Top Drive into the secondary system of state highways, VDOT shall be responsible for maintenance of Pine Top Drive. • If Pine Top Drive is not accepted into VDOT's secondary system of highways, the County's and VDOT's rights under the subordination agreement shall revert to the City. II -50- Item-VI-J.3b ORDINANCES/RESOLUTIONS ITEM#65264 The following individuals registered to speak: George Minns, 236 Shipps Lane, Phone: 575-8109, spoke in OPPOSITION of the City purchasing this property for two "main legal"points. First, it has been stated improvements on North Birdneck Road will be needed for the Arena, including a turn-lane at 19th Street. This matter is currently in litigation in the Virginia Beach Circuit Court and was recently continued by Judge Obrien to November 12th. He does not feel it is appropriate for the City to move forward with the purchase of this property or any other property connected to the Area until the Court has finalized the matter. Second, the Disclosure Statement in the Agenda Package purports to say it is the signature of"Marie Hickman". However, right beside the signature is the word "by", as if someone else has signed her name. In fact, it appears an organization signed her name. Although the signature may be valid there is nothing included in the Agenda Package that gives authorization for this organization to sign Mrs. Hickman's name. Also, it is his understanding that Mrs.Marie Hickman is alive. He questioned why the City is using "The Estate of" since she is not deceased. Also, on or about June 29`x', the City Manager sent a letter to Mt. Olive Church, specifically to Pastor Knight, advising the City would not do anything with the land or the church. At the Town Hall Meeting, City Staff assured nothing would be done with the property around the Church without the Church being notified, allowing the Church to have a voice and participate in the process. Lastly, it is believed the property was `promised" to the Church in order for the Church to expand their off-street parking. Overall, the Civic Administration's concern is the treatment of Mt. Olive Church as it relates to things around the Church after the City assured "nothing will be done around the Church without notification". Mr. Minns requested City Council DEFER this matter until the Court has made a final decision and allow the City to discuss this matter with the Church, as promised. Reverend Jason N. Knight, Senior Pastor — Mt. Olive Church, spoke in OPPOSITION. He expressed concern regarding this matter relating directly to the Arena project which was continued and is currently scheduled to be heard in November before the Circuit Court. He feels the integrity of the City Council will be called into question should this matter be approved tonight. Upon motion by Councilman Uhrin, seconded by Councilman Moss, City Council ADOPTED, Ordinance to AUTHORIZE: b. The ACQUISITION of property at 324 North Birdneck Road re Estate of Marie Hickman re future roadway improvements at 19`j' Street(DISTRICT 6-BEACH) Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson October 6, 2015 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF 0.12 +/- ACRES OF 3 PROPERTY LOCATED AT 324 N. BIRDNECK 4 ROAD (GPIN: 2417-56-7251) FROM THE 5 ESTATE OF MARIE HICKMAN 6 7 WHEREAS, the Estate of Marie Hickman (the "Hickman Estate") owns 8 approximately 0.12 +/- acres of property located at 324 N. Birdneck Road in the City of 9 Virginia Beach, Virginia (the"Property"), as further described on Exhibit A, attached hereto 10 and incorporated herein; 11 12 WHEREAS, a portion of the Property will be needed for future roadway 13 improvements to the intersection of Birdneck Road with 19th Street, and the remainder can 14 be assembled with other adjacent City property; 15 16 WHEREAS, the Hickman Estate has agreed to convey the Property to the City for 17 $70,000, subject to Council approval and in accordance with the Summary of Terms 18 attached hereto as Exhibit B and incorporated herein; 19 20 WHEREAS, funding for the acquisition and any associated expenses is available in 21 Various Site Acquisitions, CIP 3-139; and 22 23 WHEREAS, the City Council finds that purchasing the Property is in the best 24 interests of the City. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. That the City Council authorizes the purchase of the Property,which Property 30 is generally identified as 324 N. Birdneck Road and further described on Exhibit A. 31 32 2. That the City Manager or his designee is authorized to execute all documents 33 that may be necessary or appropriate in connection with the purchase of the Property, so 34 long as the documents are consistent with the Summary of Terms and contain such terms, 35 conditions and modifications as may be acceptable to the City Manager and in a form 36 deemed satisfactory by the City Attorney. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day 39 of October , 2015. CA 13449 R-1 PREPARED: 9/25/15 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ALMA # • PUBLI•, 'IRKS, REAL ESTATE CITY ATTORNEY EXHIBIT "A" Legal Description of 324 N. Birdneck Road All that certain piece or parcel of land with the buildings and improvements thereon situate, lying and being in the City of Virginia Beach, Virginia, designated as "J.W. Jones" on plat entitled "PROPERTY OF J.W. JONES & HENRY LASSITER LOCATED NEAR SEATACK IN PRINCESS ANNE CO., VA.," dated June 15, 1948, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 23, at page 10.. Less and Except that portion of property conveyed pursuant to Certificate of Take recorded in the aforesaid Clerk's Office in Deed Book 1554, at page 301, and shown in State Highway Plat Book 5, at page 22. Together with all right, title and interest of the Grantor, 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 SELLER: The Estate of Marie Hickman BUYER: City of Virginia Beach ("City") PROPERTY: 324 N. Birdneck Road (GPIN: 2417-56-7251) CONSIDERATION: $70,000 SOURCE OF FUNDS: Various Site Acquisitions (CIP 3-139) 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, 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 its own attorney's fees and costs, if any. • City shall bear the costs of preparation of closing documents and recording fees. -o w x I > g z -- ... a)IX waza cv � o G. � , � N N Z Q Y 1` ccv o � � VYcous in Ell 1 zOOIWti o Z W Z o f I Q - Q N C4' Ot� ceza I � P. O � O 0_ W 1'' , o is > Z 11 Z s e[ 1 Q / o • 4.0X sI N I 1 I jj I f rL 08 >103NO2:118N" — ± I E) N f 0 co W z � Q LU in ad RDS Cr Ua. ( W 1 2 0 Itilk" 14:RDNECK C a c C w 1Al1 0 11IA2I2WWf1S O c a m d w N co 2 -51- Item -VI-J.4 ORDINANCES/RESOLUTIONS ITEM#65265 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINATELY, BY CONSENT: Resolution to AUTHORIZE a City Council Policy re Constitutional Officer Compensation Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson October 6, 2015 -52- Item-VI-15 ORDINANCES/RESOLUTIONS ITEM#65266 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to DIRECT the City Auditor to CONDUCT an Audit of all Human Services programs re management of clients'personal funds Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson October 6, 2015 REQUESTED BY COUNCILMEMBER WOOD 1 A RESOLUTION DIRECTING THE CITY AUDITOR TO 2 CONDUCT AN AUDIT OF ALL DEPARTMENT OF HUMAN 3 SERVICES PROGRAMS THAT INCLUDE (1) MANAGING 4 CLIENTS' PERSONAL FUNDS OR (2) COLLECTING 5 PAYMENTS FROM CLIENTS 6 7 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 1. That, pursuant to City Code 2-470, the City Auditor is hereby directed to conduct 11 an audit of all Department of Human Services (DHS) programs that include (1) 12 overseeing or managing clients' personal funds (e.g., checking and savings 13 accounts) or (2) collecting payments from clients. 14 15 2. That the audit shall be conducted in two phases and shall address: 16 Phase 1 17 (A) whether each program has established documented policies and 18 procedures. 19 (B) whether the procedures address internal controls for overseeing or 20 managing clients' personal funds including: 21 - preparing budgets and monthly expense reports, 22 - requesting payment of client expenses, 23 - completing and reviewing bank reconciliations, 24 - record retention of supporting documentation, and 25 - any other key internal controls. 26 (C) whether DHS staff and those organizations contracted by DHS to 27 manage client funds are meeting all contractual terms to ensure the proper 28 safeguarding of client funds. 29 30 Phase 2 31 whether internal controls for receiving, depositing, safeguarding, and 32 reconciling payments and handling of cash are designed effectively and 33 operating as intended. 34 35 3. That the City Auditor, in order to ensure a value-added and efficient audit, shall 36 use a risk assessment process to determine those clients and transactions to be 37 audited. 38 39 4. That, pursuant to City Code 2-468, the City Auditor shall have unrestricted 40 access to, and inspection of, all City and contractor records, including bank 41 statements and supporting documentation to support all transactions. 42 43 5. That if the City Auditor concludes that it would be prudent and cost effective to 44 retain on a contract basis the services of one or more auditors to augment his 45 staff to perform this work, and the City Auditor concludes that additional funds II 46 are needed to pay for these services, then the City Auditor shall submit an 47 appropriations ordinance for consideration by City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of October , 2015. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA13495 R-2 September 28, 2015 -53- Item-VI-J.6a/b/c/d ORDINANCES/RESOLUTION ITEM#65267 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to CARRY FORWARD and APPROPRIATE $1,309,400 from the FY 2014-15 to the FY 2015-16 Operating Budget re previously authorized obligations and encumbrances a. $695,077 Police Federal and State Seized Asset Fund b. $237,000 Sheriff's Federal and State Seized Assets Fund * *c. $198,000 Public Works Fuel Internal Service Fund **d. $179,323 General Fund Voting. 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson **NOTE: The Consent Vote was 10-0; however, Councilman Moss verbally stated "NAY"on the following items: **c. $198,000 Public Works Fuel Internal Service Fund **d. $179,323 General Fund October 6, 2015 1 AN ORDINANCE TO CARRY FORWARD AND 2 APPROPRIATE $1,309,400 FOR PURPOSES 3 PREVIOUSLY APPROVED IN FY 2014-15 INTO FY 2015- 4 16 OPERATING BUDGET 5 6 Whereas, funding totaling $1,309,400 were unexpended at the close of the FY 7 2014-15 fiscal year and require re-appropriation to achieve the purposes for which such 8 funds were included in the FY 2014-15 Operating Budget. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That $1,309,400 is hereby appropriated in the FY 2015-16 Operating Budget for 14 the purposes and amounts as set forth in the attachment entitled "Exhibit A: FY 2014-15 15 Items Requested for Carry Forward into FY 2015-16," with revenue from the respective 16 fund balances of each fund. Requires an affirmative vote by a majority of all of the members of City Council. 0CNIggred by the Council of the City of Virginia Beach, Virginia, on the 6th day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management ervice. Ci y r ttorney s • ice CA13494 R-1 September 15, 2015 Exhibit A: FY 2014-15 Items Requested for Carry Forward into FY 2015-16 Department Amount Purpose General Fund Replacement computers and new GIS software to Public Works-Operations $14,000.00 perform mapping functions. Replacement computers and new GIS software to Public Works-Operations $6,000.00 perform mapping functions. Meet grant obligations,agreement between Cultural Affairs $5,051.00 Commission and City of Virginia Beach. Emergency Communications&Citizen Services $26,547.00 Renovation project in building 30. Computer for Aquarium Foundation position that was Museums $1,787.00 appropriated by City Council in FY15. Museums $7,000.00 Tree trimming in and around Aviary. Museums $4,000.00 Uniform and costumes for history museums. Configuration needs related to Accela Software for Housing& Neighborhood Preservation $19,745.00 field automation. Housing& Neighborhood Preservation $95,193.00 Spot Blight Abatement of 3105 Newbern Lane. $179,323.00 Sheriff's Federal&State Seized Assets Special Revenue Fund Sheriff $237,000.00 Asset Forfeiture Grant $237,000.00 Police Federal&State Seized Assets Special Revenue Fund Police-Special Investigations $12,737.00 Crisis Intervention Training Police-Special Investigations $1,340.00 Crisis Intervention Training Police-Special Investigations $66,090.00 Crisis Intervention Training Police-Special Investigations $15,672.00 Crisis Intervention Training Police-Special Investigations $2,000.00 Crisis Intervention Training Police-Special Investigations $2,933.00 Crisis Intervention Training Police-Special Investigations $19,423.00 DOS Seizure Funds for leadership training Police-Special Investigations $20,000.00 DOS Police Academy Recruitment Police Special Investigations $3,600.00 DOS Purchase K9 Dogs Police-Special Investigations $36,497.00 1st Precinct Renovations Police-Special Investigations $200,000.00 In car cameras Fixed percentage of vehicles value to federal agencies Police-Special Investigations $10,000.00 to take ownership Police-Special Investigations $10,870.00 DOS Training and travel planned Police-Special Investigations $8,915.00 Confidential investigative funds Police-Special Investigations $285,000.00 Two Special Investigation Vehicles $695,077.00 Fuels Internal Service Fund Public Works-Fuels Internal Service Fund $198,000.00 Purchase wireless automated fueling units for vehicles. $198,000.00 otal Larry Forward Request $1,309,400.00 -54- Item -VI-J.7a ORDINANCES/RESOLUTIONS ITEM#65268 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE Fund Balance: a. $1,106,510 of the Tourism Advertising Program Special Revenue Fund to the FY-2015-16 Operating Budget of the Convention and Visitor Bureau for Advertising and Marketing Voting: 9-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Rosemary Wilson • October 6, 2015 1 AN ORDINANCE TO APPROPRIATE $1,106,510 2 FROM THE FUND BALANCE OF THE TOURISM 3 ADVERTISING PROGRAM SPECIAL REVENUE 4 FUND TO THE FY 2015-16 OPERATING BUDGET 5 OF THE CONVENTION AND VISITORS BUREAU 6 FOR ADVERTISING AND MARKETING EFFORTS 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That $1,106,510 is hereby appropriated, with revenue from fund reserves 12 increased accordingly, to the Convention and Visitor's Bureau's FY 2015-16 Operating 13 Budget for various advertising and marketing efforts. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of October 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: / Budget and Management Serv' es City A 's ffice CA13498 R-1 September 22, 2015 -55- Item -VI-J.7b ORDINANCES/RESOLUTIONS ITEM#65269 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE Fund Balance: b. $80,000 of the Police Federal/State Seized Assets Special Revenue Fund re Police protective gear Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson October 6, 2015 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF 2 THE POLICE FEDERAL/STATE SEIZED ASSETS SPECIAL 3 REVENUE FUND TO PURCHASE POLICE PROTECTIVE 4 GEAR 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 $80,000 from the fund balance of the Federal/State Seized Assets Special Revenue 10 Fund is hereby appropriated, with revenue from specific fund reserves increased 11 accordingly, to the Police Department Operating Budget for 258 additional body armor 12 vests. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of October 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (-) - B0,7,)G, Budget and Management Service C orne Office CA13499 R-1 September 22, 2015 -56- Item—VI-K PLANNING ITEM#65270 1. FOREFRONT CHRISTIAN CHURCH MODIFICATION OF CONDITIONS 2. RV MANAGEMENT SERVICES MODIFICATION OF CONDITIONS 3. ALLSAFE STORAGE,LLC CONDITIONAL USE PERMIT MODIFICATION OF PROFFERS 4. TRUSTEES OF EASTERN SHORE CONDITIONAL USE PERMIT CHAPEL 5. RACHELLE M.KITZMILLER CONDITINAL USE PERMIT 6.LARAE TUCKER CONDITIONAL USE PERMIT AN AMENDED VERSION OF ITEM#5 WILL BE CONSIDERED TO ADD A CONDITION October 6, 2015 -57- Item-VI-K PLANNING ITEM#65271 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Items 1, 2, 3a/b, 4, 5(AS AMENDED) and 6 of the PLANNING AGENDA. Voting: 10-0 Council Members Voting Aye. M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson October 6, 2015 -58- Item—VI-K1 PLANNING ITEM#65272 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and MODIFIED, BY CONSENT:Application of FOREFRONT CHRISTIAN CHURCH for a Modification of Conditions of a Conditional Use Permit re a church (approved July 11, 1995) at 2520 Holland Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of FOREFRONT CHRISTIAN CHURCH for a Modification of Conditions of a Conditional Use Permit re a church (approved July 11, 1995) at 2520 Holland Road (GPIN1494874511)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. All conditions attached to the Conditional Use Permit granted by the City Council on August 9, 2011, as well as all previous Use Permits and Modifications, are deleted and replaced with the conditions listed below: 2. The Site shall be developed substantially in conformance with the concept Plan entitled, "Forefront Church Expansion, Preliminary Site Layout Plan, "prepared by Pennoni Associates, Inc., dated July 13, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. When the additions to the building are constructed, they shall be in substantial conformance with the renderings submitted entitled, "Forefront Church Additions," prepared by Retnauer Baynes Associates, L.L.C., dated June 29, 2015, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department 4. Every attempt shall be taken to protect all existing trees on Site. Other than dead, dying or diseased trees, the vegetation along the shared property line with the single-family dwellings to the North and Northwest shall remain in place and shall be noted as such on the final Site Plan and Landscape Plan. 5. All portable structures shall have skirting around the entire base of each building to screen the under-carriage of the unit and shall be maintained as such. 6. Foundation plantings shall be installed and maintained, adjacent to all portable buildings on Site. Foundation planting beds are required to be a minimum of three (3)feet wide. 7. Final approval for any impacts to the Floodplain, Subject to Special Restrictions as shown on the concept Plan identified above, shall be obtained from the Development Services Center prior to the release of the final Site Plan. October 6, 2015 -59- Item—VI-K.1 PLANNING ITEM#65272 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixth day of October, Two Thousand Fifteen. Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson October 6, 2015 -60- Item -VI-K.2 PLANNING ITEM#65273 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Application of RV MANAGEMENT SERVICES and NORTH LANDING BEACH RV RESORT and COTTAGES for a Modification of Conditions re a campground (approved November 8, 2005) at 161 Princess Anne Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of RV MANAGEMENT SERVICES and NORTH LANDING BEACH RV RESORT and COTTAGES for a Modification of Conditions re a campground (approved November 8, 2005) at 161 Princess Anne Road (GPIN 2317412793) DISTRICT 7 — PRINCESS ANNE The following conditions shall be required: 1. All conditions attached to the Conditional Use Permit granted by the City Council on November 8, 2005, are deleted and replaced with the conditions listed below: 2. The Site shall be developed substantially in conformance with the exhibit entitled, "North Landing RV Park, 160 Princess Anne Road, Virginia Beach, VA for RV Management Services— VB, LLC, Proposed Improvements, "prepared by KLO& Associates, dated July 1, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The Plant material, at a minimum, shall be installed as depicted on the exhibit entitled, "North Landing Beach RV Resort, sheets L-01 &L-02,"prepared by RV Management Services, dated June 28, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. All other planting and screening requirements shall be met, as per City requirements. 4. When the buildings and improvements are constructed and installed, they shall be in substantial conformance with the exhibits entitled, "Rendering— Craft and Game Ctr., " "Renderings — Recreation Ctr., " both prepared by Ionic DeZign Studio. The photographs entitled, "Maintenance Storage Buildings, " "Refuse Enclosure," "Beach Monitor Shack," all of which have been exhibited to the Virginia Beach City Council, and are on file in the Planning Department. 5. The berms along Princess Anne, entrance or signage landscaping and any foundation landscaping for new structures fronting Princess Anne required by the Virginia Beach Code shall be depicted on the final Site Plan. All plant species shall be approved by the DSC Landscape Architect. 6. The Park Model Trailers located in the "Scout Area," as depicted on the exhibit identified in Condition 2 above, will be licensed and road-ready to be relocated out of the Special Flood Hazard Area in the event of the issuance of a hurricane warning for the City of Virginia Beach and also prior to any approaching significant storm. Evidence of such licensing shall be submitted to the Planning Department, Environment and Sustainability Office, on an annual basis and prior to issuance of a Certificate of Occupancy for the use of the "Scout Area. " October 6, 2015 -61- Item -VI-K.2 PLANNING ITEM#65273 (Continued) 7. The Beach Monitor Shack, as depicted on the exhibit identified in Condition 2 above, shall be a non permanent structure and shall be relocated out of the Special Flood Hazard Area in the event of the issuance of a hurricane warning for the City of Virginia Beach and also prior to any approaching significant storm. 8. For safety reasons, lights shall be installed either on, or adjacent to, the maintenance buildings'access doors to provide lighted entries. 9. As it pertains to the new buildings, the campground shall comply with all required Fire and Safety Codes,per City ordinances and Site Plan review. 10. The Pool Spa Plans shall be submitted to and approved by the Virginia Beach Health Department prior to issuance of a building permit. 11. Any recreational vehicles stored on the Site year-round and available for lease shall obtain any necessary permits, inspections and Certificates of Occupancy as required by State law, as determined by the Building Code Official of the City of Virginia Beach. 12. Encroachment into any environmentally sensitive portion of the property, including but not limited to the (50)fifty foot Southern Rivers buffer, the Special Flood Hazard Area, tidal or non-tidal wetlands, and the floodplain mitigation area as required by the 2005 Floodplain Variance and Conditional Use Permit approval,for any permanent or temporary structures shall be prohibited without obtaining all applicable permits from federal, state and local agencies. Adjacent and parallel to the area depicted as "Scout Area" on the exhibit referenced in Condition #2 above, additional plant material shall be installed in order to create a solid vegetated buffer in the existing treed area adjacent to the Southern property line. Said plants shall be approved by the Development Services Center Landscape Architect and depicted on the Landscape Plan to be submitted with the final Site Plan review. Any dead, dying or diseased plants in this area shall be removed and replanted with a species that will enhance the vegetated buffer. 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 Sixth day of October, Two Thousand Fifteen. October 6, 2015 -62- Item -VI-K.2 PLANNING ITEM#65273 (Continued) Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson October 6, 2015 -63- Item-VI-K3a/b PLANNING ITEM#65274 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED, CONDITIONED and PROFFERED, BY CONSENT: Application of ALLSAFE STORAGE, LLC and OCEANA PARTNERS,LLC: a. Conditional Use Permit re a mini-warehouse b. Modification of Proffers of a Change of Zoning(approved May 9, 2006)at 1325, 1335 and 1345 Oceana Boulevard DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application ofALLSAFE STORAGE,LLC and OCEANA PARTNERS,LLC: (GPINs 2415487835; 2415486774; 2415488740; 2415486663) DISTRICT 6—BEACH a. Conditional Use Permit re a mini-warehouse The following conditions shall be required: 1. Vehicle storage on the Site shall be limited to the fenced area at the rear of the mini-warehouse building. Only licensed and operable motor vehicles, including cars, recreational vehicles and boats shall be permitted to be stored outside of the building. Vehicles being stored on the Site shall be stored within the designated parking spaces at the rear of the mini-warehouse building. No construction equipment shall be permitted to be stored in the exterior storage area. There shall be no storage containers permitted on the site. 2. All outdoor lighting shall be low intensity and residential in character. Consistent with Section 237 of the City Zoning Ordinance, all outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded and focused away from the adjoining property. Any outdoor lighting fixtures shall be erected NO higher than fourteen (14)feet. 3. There shall be no generators (electric, gas or powered by another source) permitted outside of the building. 4. No barbed wire, razor wire or any other similar fencing devices shall be installed on the roof or walls of the building or on the fence surrounding the building or property. 5. Any freestanding monument-style sign shall not exceed eight (8)feet in height and shall be constructed using materials to match the building. All signage shall be externally lit and no neon lighting visible from the adjoining properties shall be permitted to be placed on the property. A permit shall be obtained from the Planning Department, Zoning Division,for all signage added to the site. 6. The storage facility shall not be used for any purpose other than the storage of goods and vehicles (as identified in Condition No.1). No person shall be permitted to reside at the facility and no other repair, retail or other similar business shall be conducted on the site. October 6, 2015 -64- Item-VI-K.3a/b PLANNING ITEM#65274 (Continued) b. Modification of Proffers of a Change of Zoning(approved May 9, 2006) at 1325, 1335 and 1345 Oceana Boulevard 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 Sixth day of October, Two Thousand Fifteen. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson October 6, 2015 c,\,,A.BE4c, .4-,:c.4-.,..,.....,:_„4, ,A 1 : t CITY OF VIRGINIA BEACH k ! • INTER-OFFICE CORRESPONDENCE 9y nb ' °•,,,,\ a rr .:.:.. '.-'".,\ n, e6 ,84- ' e OP OURNO\ON In Reply Refer To Our File No. DF-9441 DATE: September 25, 2015 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wils DEPT: City Attorney RE: Conditional Zoning Application; Oceana Partners, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 6, 2015. I have reviewed the subject proffer agreement, dated June 30, 2015 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 MODIFICATION OF CONDITIONS AGREEMENT THIS MODIFICATION OF CONDITIONS AGREEMENT (this "Agreement"), made this 3 day of June, 2015, by and between OCEANA PARTNERS, LLC a Virginia limited liability company ("Grantor") (to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Grantor is the owner of the real property described on Exhibit A attached hereto (the "Original Property"), which property is currently zoned Conditional B-2, and is subject to certain recorded proffers; and WHEREAS, in April 2006, the City of Virginia Beach conditionally re-zoned the Original Property subject to certain proffered covenants, restrictions, and conditions set forth in the proffer agreement recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") as Instrument No. 20060519000756420 (the "Original Proffers"); and WHEREAS, Grantor desires to develop the Original Property and an adjacent parcel described on the attached Exhibit B (the "Additional Property") (the Original Property and Additional Property referred to herein as the "Property") in a manner that differs from the terms specified in the Original Proffers; and WHEREAS, Grantor desires to amend and modify several of the covenants, restrictions, and conditions set forth in the Original Proffers and to subject the entire Property to this Agreement; and WHEREAS, this Agreement is not intended to affect the zoning regulations applicable to parcels located adjacent to the Property that are subject to the Original Proffers; and • WHEREAS, the conditions set forth in the Original Proffers may only be amended or varied by written instrument recorded in the Clerk's Office and executed by the record owner of the Property, provided that said instrument is consented to by the Grantee by ordinance or resolution adopted by the governing body of the Grantee, after a public hearing properly advertised pursuant to Section 15.2-2204 of the Code of Virginia, 1950 (as amended), which said ordinance or resolution shall be recorded along with the amendment as conclusive evidence of such consent. NOW, THEREFORE, the Grantor for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or extraction from the Grantee or its governing body and without any element of compulsion or quid nro quo for zoning, rezoning. site plan, building permit or subdivision approval, hereby make the following declaration GP1N Nos.: 2415-48-7835-0000; 2415-48-6774-0000; 2415-48-8740-0000; 2415-48-6663-0000 262383060 of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property, and hereby covenant and agree that the terms of this declaration shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title,namely: 1. Proffer Number 1 is hereby amended to state in its entirety as follows: "When the Property is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled "ALLSAFE SELF STORAGE 1345 OCEANA BOULEVARD PRELIMINARY SITE PLAN" prepared by Johnson, Mirmiran & Thompson and dated June 16, 2015, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter"Site Plan")." 2. Proffer Number 2 is hereby amended to state in its entirety as follows: "When the Property is developed, the architectural style and quality of materials used for the retail buildings located on the Property shall be substantially compatible with the exhibit entitled "Gatling Retail Oceana Boulevard Virginia Beach, Virginia" prepared by Freeman Morgan Architects and dated June 22, 2015. When the Property is developed the architectural style and quality of materials used for the self storage building located on the Property shall be substantially compatible with the elevations entitled "Proposed Self Storage System For: All Safe Self Storage David Gatling Virginia Beach, Virginia" prepared by Trachte Building Systems, Inc. and dated June 18, 2015. These exhibits have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning." 3. All other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference. All references herein to zoning districts and to regulations applicable thereto refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the modification of proffered covenants, restrictions and conditions is approved by the Grantee. The covenants, restrictions and conditions set forth above, having been proffered by the Grantor and allowed and accepted by the Grantee, shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or resolution adopted by the governing body of the Grantee, after a public hearing,before the Grantee advertised pursuant to the provisions of the Code 26238306v3 I of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. The Grantor covenants and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the Zoning Ordinance or this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4)the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Pages to Follow.] 26238306v3 OCEANA PARTNERS, LLC, a Virginia limited liability company: yd, T `-rt,k4- Pat Yockey, nger )/' STATE/COMMONWEALTH OF VI‘{ I l'1-10 ., CITY/COUNTY OF 4lorf v )k. J ,to-wit: The foregoing instrument was sworn to and acknowledged before me this 30 day of June, 2015, by Pat Yockey, on behalf of Oceana Partners, LLC. He is either(personalfy known)o me or has produced as identification. Witness my hand and official stamp or seal this 30 day of J U ,V6 , 2015. SkeN76 Not Public (SEAL) My Commission Expires: 12 5 a 1-41 •�\�SMiriss•• Registration Number: -� 23, 2o�' nom M �Tq,9�Q�� a, a:o { l' • .•IX'• LIC .V,.•• 26238306v1 Exhibit A Legal Description of Original Property PARCEL II: ALL THAT certain lot, piece or parcel of land, situate in the City of Virginia Beach (formerly Seaboard Magisterial District Princess Anne County), Virginia and shown and designated as "ARTHUR C. SMITH" on plat of"Property of W. L. Miller and Pearl Miller, located near Dam Neck, Princess Anne County, VA", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia in Map Book 27, at Page 67, and being more particularly described as follows: BEGINNING at a point on the western line of the Court House Road to Oceana which point is located five hundred twenty-six (526) feet in a northerly direction from the intersection of said Court House Road and Etheridge Road; thence running South 72 degrees West, 445.4 feet to a point; thence running North 31 degrees 12' West, 106 feet to a point; thence North 72 degrees 4o' Fast 445.5 feet to a point in the said westerly line of Court House Road; thence in a southerly direction along westerly line of Court House Road a Distance of 106 feet to the point of beginning. LESS and EXCEPT that portion of said property that was conveyed to the CITY OF VIRGINIA BEACH, by instrument dated 6/24/1999 and recorded 11/10/1999 in Deed Book 4167 page 1818 and as shown in that certain plat of survey recorded in Map Book 277 at page 90. IT BEING the same property conveyed to Bank of Commonwealth by Deed from Robert M. reed, Substitute Trustee dated 8/20/2010 and Recorded 8/24/2040 in the Clerk's Office of the Circuit Court for the City of Virginia Beach, Virginia as Instrument No. 20100824000873190. 1335 Oceana Blvd, Virginia Beach, Virginia GPIN: 2415-04867-74-0000 Parcel III: Parcel A: First ALL THAT certain tract, piece or parcel of land lying, situate and being in the Borough of Princess Anne, City of Virginia Beach, Virginia and being bounded and described as follows: BEGINNING at a pipe, which is the southwest corner of the property conveyed W.C. Miller and Pearl Miller, husband and wife, to Salvador Madina, by deed dated the 6th day of April, 1973, and duly recorded in the Clerk's Office of the Circuit Court for the City of Virginia Beach, Virginia; thence S. 72 degrees 40' W. 242.8 feet to a point; thence N. 31 degrees 12' W. 106.00 feet to pin; thence N. 72 degrees 40' E.242.8 feet to a point; thence S. 31 degrees 12' E. 106.6 feet to the point of the beginning. IT BEING the same property conveyed to Bank of the Commonwealth by deed from Robert M. 262383060 Reed, Substitute Trustee dated 8/20/2010 and recorded 8/24/2010 in the Clerk's Office of the Circuit Court for the City of Virginia Beach, Virginia as Instrument No. 20100824000873190. 00 Oceana Blvd, Virginia Beach, Virginia GPIN: 2415-4866-63-0000 Parcel IV: Parcel B: Second ALL THAT certain tract,piece or parcel of land lying, situate and being in the Borough of Princess Anne, City of Virginia Beach (formerly Princess Anne County), Virginia, and bounded and described as follows: BEGINNING at a pin on the West side of Oceana Boulevard, which pin is 548 feet more or less from Prosperity Road; thence South 72 degrees 40' West 202.70 feet to a pipe; thence N. 31 degrees 12' West 106.06 feet to a point; thence North 72 degrees 40' East along the central line of a ditch 202.70 feet, more or less,to a pin in the Western line of said Oceana Boulevard South 31 degrees 12' East 106 feet to the pong of beginning. LESS AND EXCEPT that portion of property conveyed to the City of Virginia Beach as recorded in Deed Book 4174 at page 2265 and as shown in Map Book 274 at page 91. IT BEING the same property conveyed to Bank of the Commonwealth by deed from Robert M. Reed Substitute Trustee dated 8/20/2010 and recorded 8/24/2010 in the Clerk's Office of the Circuit Court for the City of Virginia Beach, Virginia as Instrument No. 20100824000873190. 1345 Oceana Blvd, Virginia Beach, Virginia GPIN: 2415-4887-40-0000 26238306v3 Exhibit B Legal Description of Additional Property Parcel I: ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach,Virginia, with the buildings and improvements thereon, and more particularly described as follows: BEGINNING at an iron pipe in a public road leading from Oceana to Princess Anne Court House in the northern line of Smith, and running thence alongside said road,North 31 degrees 17 minutes West a distance of 212 feet to an iron pin in the line of Curry; thence South 72 degrees 56 minutes West a distance of 212 feet to an iron pin in the northern line of Smith; thence along said Smith line,North 72 degrees 56 minutes East to the Point of Beginning. LESS and EXCEPT that portion of property conveyed to the Commonwealth of Virginia by deed from Margaret Hollingsworth dated 3/24/1944 and recorded 8/7/1944 in Deed Book 223 page 543. LESS and EXCEPT that portion of property vested in the City of Virginia Beach by Final Order vesting title in that certain cause styled City of Virginia Beach, a municipal corporation v. Richard L. Lex dated 1/6/2003 and recorded 12/27/2003 as Instrument No. 200301270010795, and as shown on that certain plat recorded in Map Book 275, at Page 21 and amended in Map Book 283, at page 27. IT BEING the same property conveyed to Bank of Commonwealth by Deed from Robert M. reed, Substitute Trustee dated 8/20/2010 and Recorded 8/24/2040 in the Clerk's Office of the Circuit Court for the City of Virginia Beach, Virginia as Instrument No. 20100824000873190. 1325 Oceana Blvd,Virginia Beach, Virginia GPIN: 2415-4878-35-0000 26238306%3 -65- Item -VI-K.4 PLANNING ITEM#65275 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT:Application of TRUSTEES OF EASTERN SHORE CHAPEL for a Conditional Use Permit re a cemetery expansion at 2020 Laskin Road DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of TRUSTEES OF EASTERN SHORE CHAPEL for a Conditional Use Permit re a cemetery expansion at 2020 Laskin Road(GPIN 2407278748)DISTRICT 6—BEACH The following condition shall be required: 1. The cemetery expansion, when developed, shall be substantially in conformance with the Concept Plan entitled, "Cemetery Expansion Plan,"prepared by Gallup Surveyors & Engineers, Ltd., dated April 29, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 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 Sixth day of October, Two Thousand Fifteen. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson October 6, 2015 -66- Item-VI-K.5 PLANNING ITEM#65276 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED, and CONDITIONED, AS AMENDED, BY CONSENT:Application of RACHELLE M. KITZMILLER for a Conditional Use Permit re a home occupation (Personal Trainer) at 805 Saint George Court DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of RACHELLE M. KITZMILLER for a Conditional Use Permit re a home occupation (Personal Trainer) at 805 Saint George Court (GPIN 1488429028) DISTRICT 5 — LYNNHAVEN The following conditions shall be required: 1. Per Section 234 of the City Zoning Ordinance, there shall be no more than one (1)sign identifying the home occupation. Said sign shall be no more than one (1) square foot in area, shall not be internally illuminated and shall be mounted flat against the wall of the residence. 2. Per Section 234 of the City Zoning Ordinance, no more than twenty (20)percent of the floor area of the dwelling unit and any accessory structures shall be used in the conduct of the activity. 3. The use shall not create noise, dust, vibration, smell, smoke, glare, electrical interference,fire hazard or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 4. The home occupation shall be conducted on the premises, which is the bona fide residence of the principal practitioner. 5. There shall be no sales to the general public of products or merchandise from the home 6. The garage doors shall remain closed during all training sessions to reduce noise and visual disturbance 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 Sixth day of October, Two Thousand Fifteen. October 6, 2015 I1 -67- Item -VI-K.5 PLANNING ITEM#65276 (Continued) Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson October 6, 2015 -68- Item -VI-K6 PLANNING ITEM#65277 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT:Application of LARAE TUCKER and PP&P, LLC for a Conditional Use Permit re a service station with a convenience store at 3001 Silina Drive DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of LARAE TUCKER and PP&P,LLC for a Conditional Use Permit re a service station with a convenience store at 3001 Silina Drive (GPIN 1496196871)DISTRICT 6—BEACH The following conditions shall be required: 1. The Site shall be developed in substantial conformance with the submitted Plan entitled "SILINA DR., PRELIMINARY LAYOUT PLAN," dated June 30, 2015, prepared by Blakeway Corp. Said Plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 2. The buildings shall be developed in substantial conformance with the submitted elevation drawing entitled "7-ELEVEN STORE S. LYNNHAVEN & SILINA DRIVE, VIRGINIA BEACH, VA 23452" dated April 24, 2015,prepared by K2M Design. Said elevation has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 3. Except as modified by any other condition of this Conditional Use Permit, specifically Condition No. 4(c) below, the fuel canopy shall be constructed in substantial conformance with the elevation drawing entitled "3X3 KEYSTONE GAS CANOPY," dated May 6, 2015, prepared by Cummings. The fuel canopy supports shall be wrapped in brick to match the building, as shown on the submitted elevation referenced in Condition No. 2, above. Said elevations have been exhibited to the City Council and are on file in the City of Virginia Beach Planning Department. 4. Signage for the Site shall be limited to: a. Directional Signs b. One (1) monument-style freestanding sign, no more than eight (8)feet in height, set on a brick base to match the building brick and two (2) building and/or canopy signs. c. Striping on the canopy shall be limited to ten (10)feet on each side of the canopy or one-quarter (1/4) of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the Site. October 6, 2015 -69- Item -VI-K.6 PLANNING ITEM#65277 (Continued) 5. The freestanding sign shall be monument style and constructed in substantial conformance with the elevation entitled, "M16/L16 MONUMENT,"dated May 6, 2015,prepared by Cummings. Said elevation has been exhibited to City Council and is on file in the City of Virginia Beach Planning Department. 6. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development Ordinances and Standards, the plant materials shall be installed in substantial conformance with the Plan referenced in Condition No. 1 above. 7. The dumpster shall be enclosed with a solid brick wall in a color to match the building and any required screening shall be installed in accordance with Section 245 (e) of the City Zoning Ordinance. 8. No outdoor vending machines and/or display of merchandise shall be permitted. 9. Designated bicycle parking shall be provided at a location easily accessible to the entrance to the convenience store. 10. 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 lamp type, wattage and type offixture. 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. 11. Any vacuum or air pump machines shall be screened with evergreen plant material, of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the final Site Plan. 12. Pedestrian walkway(s) to the Convenience Store shall be provided as depicted on the Plan identified in Condition No. 1 above and from any required sidewalks in the public rights-of-way in accordance with Section 246 (d) of the City Zoning Ordinance and shall be depicted on the final Site Plan. 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 Sixth day of October, Two Thousand Fifteen. October 6, 2015 -70- Item -VI-K 6 PLANNING ITEM#65277 (Continued) Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson • October 6, 2015 -71- ITEM VI-L APPOINTMENTS ITEM#65278 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES and WATERWAYS ADVISORY COMMISSION COMMUNITY SERVICES BOARD—CSB HISTORICAL REVIEW BOARD WORKFORCE HOUSING ADVISORY BOARD Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson October 6, 2015 -72- ITEM VI-L APPOINTMENTS ITEM#65279 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: WALLIS DAMON Unexpired term thru 06/30/2018 BAYFRONT ADVISORY COMMISSION Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson October 6, 2015 -73- ITEM VI-L APPOINTMENTS ITEM#65280 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: DAVID BERND Unexpired term thru 08/31/2017 DEVELOPMENT AUTHORITY Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson October 6, 2015 -74- ITEM VI-L APPOINTMENTS ITEM#65281 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: TOMASINE "TOMMIE"CUBINE Unexpired term plus three years thru 03/31/2019 HUMAN RIGHTS COMMISSION Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson October 6, 2015 -75- Item -VI-0 ADJOURNMENT ITEM#65282 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:48 P.M. ,rvilAto:4 Amanda Finley-Barnes, CMC Chief Deputy City Clerk h Hodges raser, MMC William D. Sessoms,Jr. City Clerk Mayor City of Virginia Beach Virginia October 6, 2015 ; -76- PUBLIC DIALOGUE The following individuals registered to speak: Stephanie Pina—did not answer when called upon. Betty Kennedy, 2700 Cattayle Run, Phone: 340-8975, advised she purchased the land and built her home in 1966 and has lived there since. She worked up until three (3)years ago and will be 86 in December. She has always been active in the Community and has attended numerous City Council meetings over the years and spoke on a variety of topics about which she felt passionate. For the first time, she is asking for help from the City regarding the Real Estate Tax Relief Assistance Program; specifically, the City in considering the "Reverse Mortgage" as income. The Reverse Mortgage is the only reason she has been able to afford to stay in her home because she has not had to pay property taxes. She simply cannot afford to pay the property taxes. This year,for the first time, she was denied the Tax Relief offered to Senior Citizens. A Reverse Mortgage is a debt, not an asset and should be considered as such. Mrs. Kennedy met with Phil Kellam, Commissioner of the Revenue, who informed her that City Council voted to consider a Reverse Mortgage as income. She would like that to be reconsidered. John Larry Peacock, Sr., 3536 Kings Lake Drive, Phone: 486-3706, spoke regarding the Kings Grant Lowered Water Level. Mr. Peacock distributed a copy of his statement, which is hereby attached and made a part of this record. He also provided the City Clerk with original Petitions that are hereby made a part of this record and filed in the City Clerk's Office. Of the 191 signatures, 82 of those are Kings Grant homeowners and/or residents. Walter Aul, 425 Canterbury Road, Phone: 496-4840, advised he lives on Kings Grant Lake I, a smaller lake in the same area. He requested a review of how Public Works handles the maintenance of the debris that gets in the ditches and lakes. Each time he has contacted Public Works he is told there is no money in the Budget to address the issue; however, the City made an agreement with DEQ when the storm drains were allowed to drain into the lakes and he feels the City is not adhering to the requirements of the Agreement. He frequently picks up the garbage in and around the lake. The Public Dialogue re Non Agenda Items concluded at 7:03 P.M. October 6, 2015 STATEMENT GIVEN BEFORE THE CITY OF VIRGINIA BEACH CITY COUNCIL ON OCTOBER 6, 2015 CONCERNING KINGS LAKE LOWERED WATER LEVEL Introductory Comments: Good evening, Honorable Mayor and members of City Council. I am John Larry Peacock, Sr. and I represent concerned citizens from Kings Grant relative to the lowered water level in Kings Lake. I would like to recognize those of our group who are here with me tonight if they will please stand. I have lived on Kings Lake which is nestled in the greater Kings Grant neighborhood for going on 45 years. Kings Lake, while privately owned, is also used by the City of Virginia Beach as a storm water retention facility. During all those years, my family, including my small grandchildren has had the great pleasure of enjoying the Lake's beauty and various lake activities such as canoeing and fishing. However, that pleasure ended earlier this year when we realized that the lake water level had been significantly lowered, by approximately two feet or more, due to a major construction mistake or error during a City guided dam restoration effort. Our Lake was quickly becoming an eyesore with many other problems as noted on the attached petition. My grandchildren are no longer allowed near the lake much less go out on the canoe as they have before. I have a large area next to my bulkhead that used to be covered with water and now looks like a jungle with all kinds of extremely thick tall vegetative growth (Photos attached.) This is just my property. There are about 70 other similar or worse stories that could be told by other Kings Lake property owners. The Petition I have attached a copy of our Petition to the City of Virginia Beach which was drafted for presentation to the senior leadership of our wonderful City. I have been advised by the City Clerk that a copy of this petition has been provided to you and I will not take your time to read it now. Additional Comments: The extent to which concerns exist by our citizens extends well beyond those who live on Kings Lake. We started our petition drive on August 30, 1 2015 and completed it on September 28, 2015 and obtained 191 signatures. Of these, 82 were from Kings Lake homeowners and residents, 102 were from citizens in the surrounding Kings Grant neighborhood near the lake, and the remainder from other interested citizens who visit and/or have enjoyed fishing and other activities on the lake. We are here tonight presenting these petitions to the City of Virginia Beach leadership and management because the concerns expressed by some Kings Lake residents to city officials dating back to late January 2015 received differing rationale for why the lake water level was lowered and some received no responses at all. We are not here to embarrass this City we love. We are only asking that the pledge made to us when we were asked to sign to give the City permission to perform this dam restoration be kept. That pledge was that our lake water level would be returned to its prior normal level. Another factor worth mentioning is the dredging of about 600 feet of Kings Lake near Oxford Drive that was accomplished in 2013 as part of a $12 million City project. If the lake water level is not returned to its prior normal level, then that dredging should not have been done and all taxpayer funds spent on the planning, execution and completion of that effort will be a total waste. (Photos attached.) While this has been an extremely painful excruciating process for the past several months for lake residents, we should report to you that we have noticed a difference in the way city officials responsible for the Lake have responded to us and have expressed some interest in getting this problem corrected. This change occurred at about the same time we started our petition drive. Because of the tremendous investments made by Kings Lake property owners to build bulkheads, docks, and other property improvements to suit the prior normal water level; and, the City's huge investments in the dredging and dam restoration efforts, we believe that we must stay vigilant and not accept anything less than what we were promised—a lake at its full prior normal water level. That is why we continued our petition drive to completion. And we now find that over the last few weeks, the Kings Lake water level has shown signs of even more lowering which could indicate there is also some dam seepage or leakage since the water level has been well below the spillway for several weeks. Some Kings Lake property owners have been recently advised by city officials that efforts are underway to raise the dam weir by seven to eight 2 I I I inches which is probably less than one-third of what is needed. If we find that the City does not fulfill its commitment to us, then we will have to resort to more intensive efforts including inquiries with State and Federal agencies which could become an enormous embarrassment to the City at several levels. We have no desire or appetite for that; only that our lake be returned to its prior natural state. Now, with the current sad state of our lake, we also believe that it is paramount to expedite a minimal effort to achieve the proper spillway level and any other actions necessary to achieve and maintain the water level that existed prior to the dam restoration. Our lake is dying! Thank you for giving me this opportunity to address you tonight on behalf of our Kings Grant Community. We respectfully request that you direct those actions necessary to get our lake full and healthy again. We invite and encourage any and all interested city officials, management and leadership to visit and tour our lake to see the situation first hand. I will be happy to answer any questions you may have that I can answer at this time. Thank you. 3 Attachment Petition to the City of Virginia Beach Petition Summary: This petition to the City of Virginia Beach Leadership and Management is for the purpose of respectfully requesting that the City keep its pledge to the Kings Lake property owners and take action to raise the Kings Lake spillway to its proper level and return Kings Lake to its prior normal water level before the mistake or error that was made in the recent dam restoration effort. Kings Lake was one of the proud focal points in our Kings Grant neighborhood and provided a pleasant view from the lake property owners' homes and the streets and neighbors around the Lake as well as enjoyable lake fishing and boating activities for more than 45 years. The current lower lake water level has resulted in widespread unsightly growths of vegetation beyond homeowner bulkheads that also limit access to the lake, wetland issues that EPA could address, significant impact on lake wildlife such as ducks and geese, bulkhead and other property damage, and lower property values. Action Petitioned For: We the undersigned are concerned citizens who urge our leaders to act now to require the City of Virginia Beach Department of Public Works to take the minimal action necessary to raise the Kings Lake dam spillway to its proper level thereby returning the Kings Lake prior normal water level as was promised prior to the recent dam restoration. Date Signature Printed Name Address i � I 4 I , ......, ,,,,,,,,, 4. , •,_ .-',74i -,,, "4",. ,..•, '-, ,„..4, , ,,.* ,,, : -•,- '! 1,. 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