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JANUARY 14, 2014 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAMD. SESSOMS, JR., At Large VICE MAYOR LOUIS R. JONES, Bavside - Disti-ict 4 ROBERT M. DYER, Centervi!!e - Disti-ict 1 BARBARA M. HENLEY, Princess Aiine - Disti-ict 7 SHANNON DS KANE, Rose Hall - Disti-ict 3 BRAD MARTlN, P.E., At Laige JOHND.MOSS, At Lnrge AMELLA ROSS-HAMMOND, Kempsville - Disti-ict 2 JOHN E. UHR/N, Beadi - Disti-ict 6 ROSEMARY WlLSON, At Lnrge JAMES L. WOOD, Lynnhnven -Dish•ict S CITY COUNCIL APPOINTEES ClTY MANAGER - JAMES K SPORE CITYATTORNEY MARKD. STILES ClTYASSESSOR - JERALD D. BANAGAN CITYAUDITOR-LYNDONS. REMlAS CITYCLERK - RUTHHODGES FRASER, MMC CITY COUNCIL AGENDA 14 January 2014 CITYHALL BUILDING 2401 COURTHOUSE DRIVB VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 1. CITY COUNCIL BRIEFING - Conference Room - 2:30 PM A. VIRGINIA BEACH TRANSIT EXTENSION STUDY (VBTES) - Hilltop Alignment William Harrell, President and CEO - Hampton Roads Transit II. CITY MANAGER'S BRIEFINGS A. COMPARATIVE 1NDICATORS FOR OTHER HAMPTON ROADS CITIES David Bradley, Administrator - Management Services B. HARBOUR POINT NEIGHBORHOOD DREDGING - SPECIAL SERVICE DISTRICT David L. Hansen, Deputy City Manager III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. TIME CAPSULE CEREMONY/RECEPTION - Lobby, Building 1- 4:30 PM VII. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF THE CITY COUNCIL C. RECESS TO CLOSED SESSION CEREMONIAL SWEARING 1N OF NEW COUNCIL MEMBERS VIII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Jeremy Jenkins Pastor Grace Covenant Presbyterian 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 l. 1NFORMAL and FORMAL SESSIONS 2. SPECIAL SESSION G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. EXCESS CITY-OWNED PROPERTY 118 West Lane 2. SPECIAL SERVICE DISTRICT Harbour Point Neighborhood Dredging Project (SSD) 3. GAP FINANCING FOR CAVALIER ASSOCIATES 1. PUBLIC COMMENT L CENTRAL BUSINESS CORE DISTRICT ZONING ORDINANCE December 10, 2013 December 17, 2013 J. ORDINANCES/RE SOLUTIONS 1. Ordinance to DECLARE parcel at 118 West Lane to be in EXCESS of the City's needs and AUTHORIZE the City Manager to SELL same to Darrell and Jessica Shay Edwards. DISTRICT 6 - BEACH 2. Resolution to DIRECT the City Attorney to file a petition for a Writ of Special Election on November 4, 2014 3. Resolution to UPDATE the City Council Policy re "Guidelines for Evaluation of Investment Partnerships for Economic DevelopmenY" 4. Ordinances re Harbour Point Neighborhood Dredging Special Service District: a. AMEND the City Code to CREATE Harbour Point Neighborhood Dredging Special Service District (SSD) and LEVY additional taxes on real property within the Special Service District b. CREATE Capital project to APPROPRIATE and TRANSFER funds re engineering and design work 5. Ordinances to ACCEPT and APPROPRIATE funds from the U.S. Department of Homeland Security to the Fire Department: a. $22,000 to purchase equipment for the Hazardous Materials Team b. $25,000 to purchase technical search equipment for the Heavy Tactical Rescue Team 6. Ordinance to APPROPRIATE $33,727 from the Oyster Heritage Trust Fund to the FY 2013-14 Operating Budget of Planning and Community Development to increase the oyster habitat in the Lynnhaven River watershed, conduct annual sanctuary reefs oyster survey and continue the Oyster Shell Recycling program K. PLANNING 1. Applications for Nonconforming Uses: a. BARBARA T. GRANT re an enlargement to replace an existing structure at 308 45th Street DISTRICT 6 - BEACH RECOMMENDATION APPROVAL b. WAYNE SEAGLE re an enlargement to add dormers to the roof at 103 Ash Avenue DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL c. ERIK HOMES, LLC re reconstruction and enlargement of existing structures: (1) 215 51 St Street - two new single-family dwellings (2) 316 34th Street - three new townhouses fronting on 34?' Street DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 2. Application of CAPE HENRY COLLEGIATE SCHOOL for a Modification of a Conditional Use Permit (approved May 23, 2000 and modified on December 14, 2012) to allow an increase in the height of the lighting for Field No. 1 at 1320 Mill Dam Road DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 3. Applications of OUTDOOR VENTURES - VIRGINIA BEACH, LLC, DISTRICT 6 - BEACH: a. Change of Zonin? from Conditional I-1 Industrial to P-1 Preservation at South Birdneck and Bells Road b. Conditional Use Permit re outdoor recreational and amusement facilities at 717 and 801 General Booth Boulevard RECOMMENDATION 4. Applications of the CITY OF VIRGINIA BEACH to: APPROVAL a. ALLOW Antique Shops within buildings listed on the Virginia Beach Historical Register as a Conditional Use in the AG1 and AG2 Agricultural Districts b. AMEND Section 111 (`Definitions') of the City Zoning Ordinance (CZO) re dwellings c. AMEND Section 201 of the City Zoning Ordinance (CZO) re yards to allow existing structures located in a required yard to be raised for flood protection d. AMEND the Comprehensive Plan re the Urban Forest Management Plan providing for policy guidance, goals and objectives to protect and enhance the Urban Forest and REVISING the Policy Document RECOMMENDATION L. APPOINTMENTS CHESAPEAKE BAY PRESERVATION AREA BOARD HISTORIC PRESERVATION COMMISSION PERSONNEL BOARD PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SOUTHEASTERN PUBLIC SERVICE AUTHORITY APPROVAL TRANSITION AREA/ITA TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) 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- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 14, 2014 Mayor William D. Sessoms, Jr., called to order the City Council's Informal Session, in the City Council Conference Room, Tuesday, January 14, 2014, at 2: 30 P.M. Council Members Present: Robert M. Dyer Barbara M. Henley, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Vice Mayor Louis R. Jones January 14, 2014 -z- MAYOR SESSOMS' COMMENTS Mayor Sessoms welcomed Shannon DS Kane and Brad Martin, as the newest Members of City Council and expressed his excitement for working with them to make great things happen in the "Greatest City in the World ". January 14, 2014 -3- CITY COUNCIL'S BRIEFINGS VIRGINAI BEACH TRANSIT EXTENSION S TUD Y (VBTES) Hilltop Alignment ITEM #63406 2:30 P.M. Mayor Sessoms introduced William Harrell, President and CEO - Hampton Roads Transit (HRT). This presentation will provide an update to the Transit Extension Study, focused particularly on the Hilltop Alignment cost and ridership projections. Mr. Harrell expressed his appreciation to City Council and particularly to City Stafffor their continued support. T R A N S I T ? ?.I,? In addition to providing the updated costs, HRT has been moving forward with the Environmental Analysis; focusing primarily today on Wetlands, traffzc noise and property considerations. Presentation 1. Project Update 2. Updated Capital Costs-with Hilltop Alignment 3. Results of Environmental Analysis 4. Next Steps '4 ?* v PaBe2 January 14, 2014 -4- CITY COUNCIL'S BRIEFINGS VIRGINAI BEACH TRANSIT EXTENSION STUDY (VBTES) Hilltop Alignment ITEM #63406(Continued) Mr. Harrell provided a brief "refresheN" of this Project, specifically the three (3) fixed Guideway Alignment Alternatives from Newtown Road: Virginia Beach Transit Extension Studv The Virginia Beach Transit Extension Study (VBTES) is examining the best transit options for a former freight rail right of way that runs from Newtown Road to Birdneck Road in Virginia Beach. The study area extends from Newtown Road to the Oceanfront area on 19th Street. • Three Fixed Guideway Alignment Alternatives from Newtown Road - 4.8 miles to the Rosemont Area - 12.2 miles to the Oceanfront along the NSRR corridor (with Maintenance Facility) - 13.5 miles to the Oceanfront through the Hilltop Area (with Maintenance Facility) .y mv cn aon?s rxanve a January 14, 2014 -5- CITY COUNCIL'S BRIEFINGS VIRGINAI BEACH TRANSIT EXTENSION STUDY (VBTES) Hilltop Alignment ITEM #63406(Continued) Y^PaBeS Mr. Harrell advised HRT is studying and has estimates for the below DEIS Technology Alternatives: DEIS Technoloev Alternatives • Bus Rapid Transit (BRT) • Light Rail Transit (LRT) ??tT??? -.;??.a?S?P' ?i - '.16?nSl'iAhS?T. ar. A ?.?-,,,?- January 14, 2014 -6- CITY COUNCIL'S BRIEFINGS VIRGINAI BEACH TRANSIT EXTENSION STUDY (VBTES) Hilltop Alignment ITEM #63406(Continued) Feeder Bus routes are very critical for any Transit option and, as such, this Project includes enhances bus services throughout ViYginia Beach to match the hours and operations of the fixed Guideway system (6: 00 AM to 10: 00 PM, Monday - Friday). U ? a? YMV, 0 ? ? R w..? Feeder Bus Routes ? > 1 ?? VIRGINIA -- :? BEACH iti " ? ???" _ _C'?-....-?.?•??`c•? ? ??,.-..t? •,? NAS _ \„4 1 ,; ? I ?4r OCEANA coa? ? ? ?? ? . Pege]. VIRGINIA BEACH TRANSIT EXTENSION STUDY UPDATED CAPITAL COSTS - WITH HILLTOP ALIGNMENT •? ,? ???,?? ???1? ? ?? " AMV'UM i?AJS iRhhS {. L- ? .... ? 5 .... .... ?Pa6e8? January 14, 2014 -7- CITY CO UNCIL'S BRIEFINGS VIRGINAI BEACH TRANSIT EXTENSIONS TUD Y (VBTES) Hilltop Alignment ITEM #63406(Continued) In terms of the key elements for Capital Cost, HRT likes to provide this information, given the lessons learned with the TIDE project, by adding an adequate level of contingency funding and escalation: „ ,z _z . ?,.... . PaPe SO January 14, 2014 -8- CITY COUNCIL'S BRIEFINGS VIRGINAI BEACH TRANSIT EXTENSION STUDY (VBTES) Hilltop Alignment ITEM #63406(Continued) The Light Rail Transit estimated cost for each of the three (3) alternatives: LRT Estimated Capital Costs* Year of Expenditure 2018 Current Year $ 2013 Newtown Rd to the Newtown Rd to the Newtown Rd to the Rosemont SGA Oceanfront Oceanfront RosemorrcAlt NSRRAk HilltopAlt 5 470 M 5 1.030 M $ 1.310 M+: Includes530millionforexisting Includes552millionforeKis[ing In<Iudes54]millionforexkting ROW/Ci[yProperty ROW/CiryProperty ROW/CRyProperty S 405 M S 890 M S 1.130M" Includes $ 30 million for eMistine Includes 552 million for exiscing Includes $ 47 million tor exkcing ROW/C2yPropertV ROW/CiryProperty NOW/Ci[YProperty ' CoehaverogeEtoneerestE5M. " IncluEeeS62M(2018ENY53M(2013E)forremnaVUC?lono?LasWnROatl '-?- The Bus Rapid Transit estimated cost for each of the three (3) alternatives. BRT Estimated Caeital Costs* Year of Expenditure 2018 Current Year $ 2013 Newtown Rd to the Newtown Rd to the Newtown Rd to the Rosemont SGA Oceanfront Oceanfront RozemontAlt NSRRAk HiIItoDAlt mno. tI ) milwc 13.5 miles 5 420 M a??.LlL1Y1 S 885M+• Includes $29 million (or existing Includes $51 miilion for exis[ing includes $44 million for exis[ing ROW/CrtyPropercy ROW/CityProperty ROW/Ci[yPmperty 5 365 M S 650 M •, 765M Includes $29 million for eMirting Includes $51 million for existiny Includes $44 million for exirting ROW/CttyFmperty ROW/CiryProperty ROW/CRyProperty ' Cosk ave?agad?o neareal S5 M. " Inclutlee58TM(1018$Y453M(2013)forrecrostrvctionofLaeklnRoad NAh!P ?.OA "l0.Ah?!1. Fage 12 January 14, 2014 -9- CITY COUNCIL'S BRIEFINGS VIRGINAI BEACH TRANSIT EXTENSION S TUD Y (VBTES) Hilltop Alignment ITEM #63406(Continued) The daily weekday boarding calculations, utilizing the very conservative FTA Model, continues to be a point offrustration with the modeling numbers. Currently, the TIDE averages 5,300 boarding's per day: One of the key concerns, as previously discussed, is Tourism and transportation to the Beach. The FTA considers this type of ridership in their "off-naodel " spreadsheet.• Annualized Boardines with Tourism (2034) LRT BRT Newtown Rd to the Newtown Rd to the Newtown Rd to the Rosemont SGA Oceanfront Oceanfront bwnCenterAlt-4.8miles NSRRAIt-12.2miles HiIlropAlt-13.Smiles 3,261,000 4,182,000 5,330,000 2,623,000 3,580,000 4,348,000 .? ;y € s , r ?on aon?s rar?.sn . s ?? ,. . . . ?,,.<< ?r._.. « .. . Pa8e14 January 14, 2014 -10- CITY COUNCIL'S BRIEFINGS VIRGINAI BEACH TRANSIT EXTENSION STUD Y (VBTES) Hilltop Alignment ITEM #63406(Continued) In the interest of time, this Briefing will provide the preliminary results of the Environmental Analysis regarding the wetlands, traffic and roadways, noise and pYOperty: January 14, 2014 -11- CITY COUNCIL'S BRIEFINGS VIRGINAZ BEACH TRANSIT EXTENSION STUDY (VBTES) Hilltop Alignment ITEM #63406(Continued) HRT has utilized only Wetlands Mapping and Field Surveys. They have not done the delineations with the Army Corp ofEngineers and, as such, these numbers will be refined: Rosemont NSRR Hilltop 5acres 70.5acres B.Secres 3.... 7.0 acres 5.0 acres 2 acres 3.5 acres 3.5 acres ?nhMC?on ao.n?s rsaHZk Page 1] Traffic volumes in the Cor-ridor, as a whole, will be relatively the same with or without Light Rail Transit. However, there will be minimal impacts at grade separated crossings at major roadways: nnMP?On Hpq?S T?.ANSiT _ ?,.. Page 18 January 14, 2014 -12- CITY CO UNCIL'S BRIEFINGS VIRGINAI BEACH TRANSIT EXTENSION STUDY (VBTES) Hilltop Alignment ITEM #63406(Continued) With the Norfolk Southern Alternative, traffic impacts are expected at intersections wherever the fixed Guideway system would turn onto the road network. As vehicles turn onto Birdneck and 17`h Street, a new signal phase will be needed to accommodate that turning. HRT is working with Public Works Department to addresses these issues: LD DONAt'O^ s's:"i ti Birdneck Road at c a ° 17t^ Street r ... y( +? C .?? .? .. . C? ?•?..LASKIN40 ? i U m Q! s r T_O 0F?STS t - _ S08 ? i ? Birdneck Road at F NSRR/Southern Blvd. Hn- aon -Pa¢e. PK? o OLODONAS01 ? . y ? (D ms F 219, OW (Vm aC d?' .? t `'+pq •Q m C ;. •? , . ?. ? OOr k R d . U 51 ? 1t51 m Birdnec oa at Laskin Road o 0 r InferseUion configuration is still underreview Additional study may change results. ? NAM?:On ?.UhilS T?AxS!1 ?aR¢ 70 January 14, 2014 -13- CITY COUNCIL'S BRIEFINGS VIRGINAZ BEACH TRANSIT EXTENSION S TUD Y (VBTES) Hilltop Alignnzent ITEM #63406(Continued) Fur and Budding Avenues are two streets to be closed under all of the Alternatives: .? Page 31 Per FTA and Federal Railway Administration, high noise impacts are divided into three (3) land use categories: 1, 2 and 3: Land Use Category 1=Amphitheaters, concert pavilions, historic landmarks, etc. Land Use Calegory 2= Residences and buildings where people nortnally sleep Land Use Category 3= Institutional land uses with primarily daytime and evening use _" 5 . .. ?.nue ?, uoaas,a<.ns:, ?? q.. . Pa6e 22 January 14, 2014 -14- CITY COUNCIL'S BRIEFINGS VIRGINAI BEACH TRANSIT EXTENSION STUDY (VBTES) HiUtop Alignrnent ITEM #63406(Continued) Below are specific areas for high noise impacts, with grade crossings required at Thalia, Greenwich, Kellam Road and Constitution Drive requiring the train to use the horn to notify the approach to potential crossings: •.$' Sbn-frontehurch . 2Res1tlan6elCluabm HnpaclhomhnnNell ? C$Tha RE? . ? nmg Z ; 35 d !?+ \ ? _ s .i` . 9NNFR0;. 19? . tlentialClusbn iRasWentlelClusbr 2R-idantlalCluabrs 2Ra11 Impacl hwn "n/be/ Impncf fian hon2eP Impacl hwn hwnPoell warn?nq¢GeenwlchRC warning@KellemRO ernng(tjConsfilulimDr. , _ ? n _ tGa' z a? , _ ??A y . PaBe 23 Only one residential cluster is affected by high noise West of Lynnhaven: ? iR?sld?ntlalClusbr ? ? ? r C .. ? Impacf pn horv6etl wern?ng lr ? .. 5, Um ? F (? N. LYnnhevenROed m ..?a ' 3C RGIN\PBEPCN »... . ? ? ? lVO ?^ ? + .1 . . VI ^ti_ ? . J , n . POTTEpS . ? am? _ . ..q?.: . . , .. .. . . ? . .. 9Y .. ? PaBa YA January 14, 2014 -15- CITY COUNCIL'S BRIEFINGS VIRGINAZ BEACH TRANSIT EXTENSION STUDY (VBTES) HiUtop Alignment ITEM #63406(Continued) One reason -this Briefing was delayed is HRT took quite a bit of time with City Staff looking at acquisitions and displacements. Most of the impacts are to ensure proper drainage and access roads. More sizeable pYOperty requirements are needed around the proposed station locations: Property acquisition for two (2) businesses would be needed for intersection improvements for Freight Lane at Princess Anne Road. Additionally, the property acquisitions needed for the Witchduck Station would include four (4) businesses under all three alternatives: I 4?4 a ? ?a '"??? hhSIT L:IPa8c26 January 14, 2014 FrepM1lLma?PrlncpaMna ... .. GOnmsrNYPrapaly?cqv#nlona . CanmacklpoprfNarequv?ObAtwax?bn . . lwW?chtlwkauYmwX?bw ?m mtswHM1lwebuaNSava . buzin?zsrs .. -16- CITY COUNCIL'S BRIEFINGS VIRGINAI BEACH TRANSIT EXTENSION STUDY (VBTES) Hilltop Alignment ITEM #63406(Continued) ? HSRR @ n 9M1Oru OrM .. ?? - "i? HSRR @ N LynnMwn Rwtl ?uMAlPhu ? . ?rc rz lw . . . 7? ?? wn5 an?huvneu ? . Q ??11 ? \ . ./5? . . .. i . . ? ? ' y?' ? ? ? ` ? ? 3 ,? ? ?: `i j ? na?e•On ?oa?5 h t yp With the Hilltop Alternative, the Great Neck Station and grade separation will require relocation of approximately eighteen (18) businesses; Laskin Road/First Colonial Road intersection, one (1) building will be relocated that houses six (6) businesses. The Birdneck Station will require relocation of two businesses, one being vacant, but it is appropriate to include this property. In order to maintain access to a large residential communiry off Buebird Drive, that road will need to be realigned and two (2) single family residences would be displaced. HRT has worked with City Staff to reduce impacts in this corridor: Hilltop - . - eim- n«a @ ew.a.a ..t ?ekmno.a?c,.?coiem.i . „ mro on.. «nawxne ??<!J ??????? I]9; ?. . ? N?ck RE @ cM1 9 W . i em.a.aon.. awnww . . . ... _ ??. (Z •? . .. . . , Q ?? ? ?? ? ? . ? 41Viopn Giwt Nrc m?re SutbnKrwWw EuaMSaaw R .Q . . .4 y•? ? .` ? //?« ` . r. ? .. . .. l9" ? .? •-^i"4 m W ? ?? . .... W tln RwG l..klnao.a? ? DriwW?nwooa melPropMyM erclNRaprb"?zFw I? Ni1Xro EW Statim BiMneck Mnbn wNh Iwo • Impacts to parcals . . ..... .. .. ............. WNn?xs?s .. on Birdneck Road may result in changedparking configuretion I ? some commercial properties "- _ January 14, 2014 -17- CITY COUNCIL'S BRIEFINGS VIRGINAI BEACH TRANSIT EXTENSION S TUD Y (VBTES) Hilltop Alignment ITEM #63406(Continued) Under the Norfolk Southern Alternative, one (1) business will be displaced at the corner of 17`' Street and Birdneck Road: 0 5? ? ? v O? w ? . 2 L 0 .., , ; . . t - ? . i0i(£P50.? •.. . . ?? d .??6rtln?ckROtl?lFStrM...?. VP?Tb1ob ?? ? „? .,? . Page 29 January 14, 2014 -18- CITY COUNCIL'S BRIEFINGS VIRGINAI BEACH TRANSIT EXTENSION STUDY (VBTES) Hilltop Alignment ITEM #63406(Continued) HRT is on track to complete the Draft Environmental Analysis next month. The FTA has indicated they need a minimum of ninety (90) days in order to sign off on the document. After the ninety (90) days, there is a forty-five (45) day Public Comment Period in which the public will have an opportuniry to address any questions or comments related to any aspect of the Environmental Impact Statements. HRT believes the Local Preferred Alternative data feedback from the FTA will allow City Council to consider some in the Fall of 2014: HRT will continue their commitment for public engagement. They provided scheduled dates below: Upcomine Public Meetines • Community Advisory Committee Meeting February 6, 2014 6:00to7:00PM Eastern Shore Chapel • Public Information Meetings February 30, 2014 6:00 to 8:00 P M The Westin Virginia Beach Town Center February 12, 2014 6:00 to 8:00 PM Double Tree Hotel, Convention Center ? January 14, 2014 -19- CITY CO UNCIL'S BRIEFWGS VIRGINAI BEACH TRANSIT EXTENSION STUDY (VBTES) Hilltop Alignment ITEM #63406(Continued) The Final Environmental Impact Statement is expected between 2014-2016 The timeframe is dependent upon the level ofproject the City Council approves. Next Steo (2014-2016) • Final Environmental Impact Statement (FEIS) • Complete Record of Decision (ROD) With Selection of Fixed Guidewav Alip.nment (2015 +) • FTA Ranking/Rating and Engineering • FTA Ranking/Rating and Full Funding Grant Agreement (FFGA) • Construction • System Operation nRMP'UI. P-S TPAh51T 33 Mayor Sessoms expressed his appreciation to Mr. Harrell, as well as the HRT and Ciry Staff for their dedication on this project. January 14, 2014 -zo- CITYMANAGER'S BRIEFINGS COMPARATIVE INDICATROS FOR OTHER HAMPTON ROADS CITIES ITEM #63407 2: 58P.M. Mayor Sessoms introduced and welcomed David Bradley, Administrator - Management Services. Mr. Bradley advised this is the 6" year they have provided putting this presentation. This is just one more part of the Budget Process. In each locality, education is the highest funded item and Public Safety second: January 14, 2014 -21- CITYMANAGER'S BRIEFINGS COMPARATIVE INDICATROS FOR OTHER HAMPTON ROADS CITIES ITEM #63407(Continued) YYhen you look at Revenue, Real Estate Tax is the highest proportion for all the revenue sources in all localities. In other localities, excluding Chesapeake, charges for service is the second highest Revenue source. January 14, 2014 -22- CITY MANA GER'S BRIEFINGS COMPARATIVE INDICATROS FOR OTHER HAMPTON ROADS CITIES ITEM #63407(Continued) Virginia Beach has the lowest tax rate in the region at Ninety-Three Cents. Four (4) of the Seven (7) localities increased their tax rate last fiscal year: Virginia Beach has the lowest Personal Property Tax Rate. As with Real Estate Tax, Personal Property Tax is the hardest to project: January 14, 2014 -23- CITY MANA GER'S BRIEFINGS COMPARATIVE INDICATROS FOR OTHER HAMPTON ROADS CITIES ITEM #6340 7(Contin ued) Every local City has a 8% hotel tax rate: None of the localities raised the Meal Tax rate last year: January 14, 2014 -24- CITY MANA GER'S BRIEFINGS COMPARATIVE INDICATROS FOR OTHER HAMPTON ROADS CITIES ITEM #63407(Continued) Admissions Tax is a very small Revenue source. Newport News is the only locality to raise this tax last year.• January 14, 2014 -25- CITY MANA GER'S BRIEFINGS COMPARATIVE INDICATROS FOR OTHER HAMPTON ROADS CITIES ITEM #63407(Continued) Virginia Beach raised the Cigarette Tax Rate Five Cents last Fiscal Year. Four (4) of the Seven (7) localities raised the Residential Storm Water Tax last Fiscal Year: January 14, 2014 -26- CITY MANA GER'S BRIEFINGS COMPARATIVE INDICATROS FOR OTHER HAMPTON ROADS CITIES ITEM #63407(Continued) Virginia Beach is the one of the lowest in the Region. Implementing the Lake Gaston Project has made a tremendous diffeYence: Virginia Beach had significant increase in Trash Collection Fee; however, is still fourth in the Region: January 14, 2014 -z7- CITYMANAGER'S BRIEFINGS COMPARATIVE INDICATROS FOR OTHER HAMPTON ROADS CITIES ITEM #63407(Continued) The point of this table is to take the tax rates with standardized values to determine what the impact would be. The City has the second lowest tax burden compared to the other localities in the region: January 14, 2014 -28- CITY MANA GER'S BRIEFINGS COMPARATIVE INDICATROS FOR OTHER HAMPTON ROADS CITIES ITEM #6340 7(Contin ued) This data is from 2012. The impact of the Recession from 2008-2012 is shown in this chart; Chesapeake has the highest Taxable Sales PeY Capita in the Region. This could be due to the major retail establishments being so close to the Interstate: January 14, 2014 -29- CITY MANA GER'S BRIEFINGS COMPARATIVE INDICATROS FOR OTHER HAMPTONROADS CITIES ITEM #63407(Continued) Virginia Beach had a pretty significant drop from 2011 to 2012; however, Virginia had highest drop among all of the States. Some economists relate this to the reduction in defense spending.• The City has had the highest Per Capita Income in the Region since 2009. Benefits are included in this data: January 14, 2014 -30- CITY MANA GER'S BRIEFINGS COMPARATIVE INDICATROS FOR OTHER HAMPTON ROADS CITIES ITEM #63407(Continued) Virginia Beach has the lowest in the Region; however, each locality has gone down which is great news for the Region: Virginia Beach continues to have the highest Revenue generated from Tourism: January 14, 2014 -31- CITYMANAGER'S BRIEFINGS COMPARATIVE INDICATROS FOR OTHER HAMPTON ROADS CITIES ITEM #63407(Continued) Virginia Beach has the highest expenditures per pupil: January 14, 2014 -32- CITY MANA GER'S BRIEFINGS COMPARATIVE INDICATROS FOR OTHER HAMPTON ROADS CITIES ITEM #63407(Continued) Virginia Beach has the highest contribution as a percent of total school operating expenditures: Virginia Beach has the highest number of individuals with Undergraduate Degree and second in terms of individuals with Graduate or Professional Degree in the Region: January 14, 2014 -33- CITY MANA GER'S BRIEFINGS COMPARATIVE INDICATROS FOR OTHER HAMPTON ROADS CITIES ITEM #63407(Continued) Virginia Beach has the third lowest in the Region in dropout rates: Virginia Beach has the second highest number of high school graduates: January 14, 2014 -34- CITY MANA GER'S BRIEFINGS COMPARATIVE INDICATROS FOR OTHER HAMPTON ROADS CITIES ITEM #63407(Continued) Virginia Beach has the lowest Public Safety expenditure per capita in the Region. This is likely due to the tremendous contribution by the Volunteer Rescue Department January 14, 2014 -35- CITY MANA GER'S BRIEFINGS COMPARATIVE INDICATROS FOR OTHER HAMPTON ROADS CITIES ITEM #63407(Continued) Virginia Beach is tied with Suffolk for the lowest property crime rate in the Region: Virginia Beach has the lowest violent crime rate in the Region: January 14, 2014 -36- CITY MANA GER'S BRIEFINGS COMPARATIVE INDICATROS FOR OTHER HAMPTON ROADS CITIES ITEM #63407(Continued) Public Works consists of maintenance of highways, streets, bridges and sidewalks; sanitation and waste removal, maintenance of general buildings and grounds: January 14, 2014 -37- CITY MANA GER'S BRIEFINGS COMPARATIVE INDICATROS FOR OTHER HAMPTON ROADS CITIES ITEM #6340 7(Contin ued) Virginia Beach has the highest percent of waste stream recycled.• January 14, 2014 -38- CITY MANA GER'S BRIEFINGS COMPARATIVE INDICATROS FOR OTHER HAMPTON ROADS CITIES ITEM #63407(Continued) Virginia Beach is one of the lowest expenditure for health and welfare: Virginia Beach continues to have the lowest poverty rate in the Region: January 14, 2014 -39- CITY MANA GER'S BRIEFINGS COMPARATIVE INDICATROS FOR OTHER HAMPTONROADS CITIES ITEM #63407(Continued) Virginia Beach continues to have the lowest percent of residents receiving SNAP Benefits; however, this has been rising for all of the Cities in the Region: Virginia Beach continues to have the lowest percent of students eligible to receive free or reduced priced lunch: January 14, 2014 -40- CITY MANA GER'S BRIEFINGS COMPARATIVE INDICATROS FOR OTHER HAMPTON ROADS CITIES ITEM #63407(Continued) January 14, 2014 -41- CITY MANA GER'S BRIEFINGS COMPARATIVE INDICATROS FOR OTHER HAMPTON ROADS CITIES ITEM #63407(Continued) Virginia Beach has the lowest percent of adults who had no exercise in the past month: January 14, 2014 -42- CITY MANA GER'S BRIEFINGS COMPARATIVE INDICATROS FOR OTHER HAMPTON ROADS CITIES ITEM #63407(Continued) Virginia Beach is the lowest in the Region for total government expenditures per capita which reflects the City's efficiency, as well as the administration and management of the Budget: The chart below includes operations, capital, debt and enterprise activities: January 14, 2014 -43- CITY MANA GER'S BRIEFINGS COMPARATIVE INDICATROS FOR OTHER HAMPTON ROADS CITIES ITEM #63407(Continued) Virginia Beach is the only City in the Region with an AAA Bond Rating Below is a"sneakpeak" to the Citizen's Survey. The Citizens greatly value the City in appearance and it being a safe and good place to live: January 14, 2014 -44- CITY MANA GER'S BRIEFINGS COMPARATIVE INDICATROS FOR OTHER HAMPTON ROADS CITIES ITEM #63407(Continued) In conclusion, Virginia Beach has the lowest cost provider per capita in the Region, as well as the lowest overall tax rates in the Region and the Citizens value the ser-vices the Ciry provides: Mayor Sessoms expressed his appreciation to Mr. Bradley and the entire Management Service Department for their dedication to management of budgeted funding as well as the research provided for vaf-ious reports such as this one. January 14, 2014 -45- CITY MANA GER'S BRIEFINGS HARBOUR POINT NEIGHBORHOOD DREDGING - SPECIAL SERVICE DISTRICT ITEM #63408 3:36 P.M. Mayor Sessoms introduced and welcomed David L. Hansen, Deputy City Manager. Mr. Hansen expressed his appreciation to City Council for their continued support on these projects: January 14, 2014 -46- CITY MANA GER'S BRIEFINGS HARBOUR POINT NEIGHBORHOOD DREDGING - SPECIAL SERVICE DISTRICT ITEM #63408(Continued) With the number of neighborhoods showing interest in this program, it is clear the program is having great impact. The first four (4) listed have Ordinances adopted by City Council, the 5`h neighborhood listed is for consideration tonight; 6`'' and 7`h listed are in the petition phase; 8`h and 9`h listed are in the pre petition phase; and, the remaining neighborhoods listed have shown interest in the program: This project is the smallest cost navigation project to come before City Council to-date; however, it has taken the longest period to bYing about because Harbor Point Condos wanted to be included: , '??:? L January 14, 2014 -47- CITY MANA GER'S BRIEFINGS HARBOUR POINT NEIGHBORHOOD DREDGING - SPECIAL SERVICE DISTRICT ITEM #63408(Continued) Below are the legal considerations for this type of project. It is important to note the City requires 80% of all property owner's approval: This project will have significant savings by utilizing hydraulic dredging.• January 14, 2014 -48- CITY MANA GER'S BRIEFINGS HARBOUR POINT NEIGHBORHOOD DREDGING - SPECIAL SERVICE DISTRICT ITEM #63408(Continued) The City's investment is very small for this project; January 14, 2014 -49- CITY MANA GER'S BRIEFINGS HARBOUR POINT NEIGHBORHOOD DREDGING - SPECIAL SERVICE DISTRICT ITEM #63408(Continued) This project includes forty-xix (46) properties and will see a 7.9 Cent per $100 increase: January 14, 2014 -50- CITY MANA GER'S BRIEFINGS HARBOUR POINT NEIGHBORHOOD DREDGING - SPECIAL SER VICE DISTRICT ITEM #63408(Continued) Below is the Public Meeting dates held regarding the project: This project received 82.6%participation. Mayor Sessoms thanked Mr. Hansen and the City Stafffor their work on this Project. January 14, 2014 -51- CITY COUNCIL LIAISON REPORTS 3:48 P.M. ITEM #63409 Council Lady Henley advised the Agriculture Advisory Commission met last night and discussed the projects in the rural area of the City. Council Lady Henley encouraged everyone to attend the new Kellam High School Open House on Saturday morning. Also, Max Bartholomew, Vice President and Operations Manager - Dominion Virginia Power, attends most of the meetings and he stated last night that Virginia Beach has the most energy efficient schools in State January 14, 2014 -52- CITY COUNCIL LIAISON REPORTS ITEM #63410 Council Lady Ross-Hammond advised the Social Services Advisory Board held theiY Retreat and it was decided to "re-do " their lobby to provide better customer service. Also, Social Ser-vices has been recognized for their adoption program. Ms. Tracy Jones was recently promoted and is in charge of adoptions at the State level. January 14, 2014 -53- CITY COUNCIL COMMENTS 3: SS P.M. ITEM #63411 Council Lady Henley met with a Citizens Group this past Saturday regarding a pending rezoning and it was brought to her attention that the notification letters were mailed December 23, 2013, but were not received by neighboring residents until January e and 7", 2014, for the Planning Meeting on January 8, 2014. Council Lady Henley expressed concern and if this change in mailing is due to a budget reduction, she feels the City needs to reconsider. Stephen White advised that First Class Mail is acceptable; however, the Planning Department uses a "bulk mailer ". The Planning Department provides the bulk mailer company with a spreadsheet that has all adjacent property owners' data and they take that and mail the letters. The letters are required to be mailed 15 days prior to the meeting; however, this last time there was an empty cell in the spreadsheet that caused some of letters to be delayed five (S) days. Council Lady Henley reiterated her concern being if the change in mailing was for budgetary reasons, the City should rethink this budget item. Mr. White advised the Planning Department has implemented some new processes to ensure this does not happen again. January 14, 2014 -54- AGENDA REVIEW SESSION 3: SS P.M. ITEM #63412 BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE parcel at 118 West Lane to be in EXCESS of the City's needs and AUTHORIZE the City Manager to SELL same to Darrell and Jessica Shay Edwards DISTRICT 6 - BEACH 2. Resolution to DIRECT the City Attorney to file a petition for a Writ of Special Election on November 4, 2014 3. Resolution to UPDATE the Ciry Council Policy re "Guidelines for Evaluation of Investment Partnerships for Econo`nic Development" 4. Ordinances re Harbour Point Neighborhood Dredging Special Service District: a. AMEND the City Code to CREATE Harbour Point Neighborhood Dredging Special Service District (SSD) and LEVY additional taxes on real property within the Special Service District b. CREATE Capital project to APPROPRIATE and TRANSFER funds re engineering and design work 5. Ordinances to ACCEPT and APPROPRIATE funds from the U.S. Department of Homeland Securiry to the Fire Department: a. $22, 000 to purchase equipment for the Hazardous Materials Tea`rt b. $25,000 to purchase technical search equipment for the Heavy Tactical Rescue Team 6. Ordinance to APPROPRIATE $33, 727 fYOm the Oyster Heritage Trust Fund to the FY 2013-14 Operating Budget of Planning and Communiry Development to increase the oyster habitat in the Lynnhaven River watershed, conduct annual sanctuary reefs oyster survey and continue the Oyster Shell Recycling program CO UNCILMAN MOSS WILL VOTE VERBAL NA Y ON ITEM #3 January 14, 2014 -55- AGENDA REVIEW SESSION ITEM # 63 412 (Co n tin u e d) BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: K PLANNING 1. Applications for NonconforminQ Uses: a. BARBARA T. GRANT re an enlaYgement to replace an existing structure at 308 45"' Street DISTRICT 6 - BEACH b. WAYNE BEAGLE re an enlargement to ADD dormers to the roof at 103 Ash Avenue DISTRICT S - LYNNHAVEN c. ERIK HOMES, LLC re reconstruction and enlargement of existing structures DISTRICT 6 - BEACH (1) 215 51 s` Street - two new single family dwellings (2) 316 34th Street - three new townhouses fronting on 34`" Street 2. Application of CAPE HENRY COLLEGIATE SCHOOL for a Modif cation of a Conditional Use Permit (approved May 23, 2000 and modified on December 14, 2012) to allow an increase in the height of the lighting for Field No. 1 at 1320 Mill Dam Road DISTRICT S - LYNNHAVEN 3. Applications of OUTDOOR VENTURES - VIRGINIA BEACH, LLC, DISTRICT 6- BEACH.• a. Change of Zoning from Conditional I-1 Industrial to P-1 Preservation at South Birdneck and Bells Road b. Conditional Use Permit re outdoor recreational and amuseinent facilities at 717 and 801 General Booth Boulevard 4. Applications of the CITY OF VIRGINIA BEACH to: a. ALLOW Antique Shops within buildings listed on the Virginia Beach Historical Register as a Conditional Use in the AG-1 and AG-2 Agricultural Districts b. AMEND Section 111 (`Definitions ) of the City Zoning Ordinance (CZO) re dwellings c. AMEND Section 201 of the City Zoning Ordinance (CZO) re yards to allow existing structures located in a required yard to be raised for flood protection d. AMEND the Comprehensive Plan re the Urban Forest Manageinent Plan providing for policy guidance, goals and objectives to protect and enhance the UYban Forest and REVISING the Policy Document. REVISED VERSION OF ITEM #3b WILL BE CONSIDERED January 14, 2014 -56- ITEM#63413 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 PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(30) Princess Anne District Beach District January 14, 2014 -57- ITEM# 63413(Continued) Upon motion by Councilman Moss, seconded by Councilman Dyer, City Council voted to pr•oceed into CLOSED SESSION at 4:0I P.M. Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council MembeYS Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones (Closed Session 4: 01 P.M. - 4:20 P.M.) January 14, 2014 -58- TIME CAPSULE CEREMONY VIRGINIA BEACH CITYHALL January 14, 2014 4:30 P.M. ITEM#63413 Mayor Sessoms welcomed and thanked everyone for taking time to attend the Time Capsule Ceremony. CAPSULE BLESSING: Reverend Jeremy Jenkins Pastor Grace Covenant Presbyterian Church 2013 TIME CAPSULE CONTENTS Coins • Mayor William D. Sessoms, Jr. • Sister Cities Association 501h Anniversary • "Shipmate "- Commanding Officer, Oceana Master Jet Base • "Together We Serve" - Joint Expeditionary Base Little Creek-Fort Story • "Face To the Force" - Naval Sea Systems Cornmand Letters • ThYee Letters from Mayor Williams D. Sessoms, Jr. to his grandchildren • Letter from City Manager James K. Spore to City Manager of 2063 Pins • 50-Year Pin - Convention and Visitors Bureau • City Seal • Virginia Beach Signature Books • "Walking Virginia Beach " by Katherine .Iackson • "The Beach"A History of Virginia Beach, Virginia by the Virginia Beach Public Library • "Pungo Tale " by Rev. Walter A. Whitehurst Documents • Consolidation Agreement for the City of Virginia Beach and Princess Anne County • Virginia Beach's Mount Trashmore ... A Lesson to Resourcefulness • Executive Orientation June 1, 2000 • Business Cards - Ruth Fraser, City Clerk • Virginia Beach Government 2013 • Virginia Beach City Public Schools - Compass to 2015 Strategic Plan • 50 Year's Living the Life • Invitation to 2014 Time Capsule Ceremony/Reception • Invitation Response from Oral Lambert, former Chief of Staff for City • Time Capsule Ceremony Guest List • Historical Background and CO Listing for the Dept. of the Navy Joint Expeditionary Base - Little Creek-Fort Story • "Jet Observer " August 2013 Edition [newspaper]from NAS Oceana Master Jet Base January 14, 2014 -59- ITEM#63413(Continued) Digital Media -(Blu-ray, Micro SD and Thumb Drive) • Se Anniversary Resolution 1211012013 • SO"' Anniversary Poster • Top City Accomplishments w/images • Community Profile - Economic Development • City Page - 2013 Accomplishments • Naval Surface Warfare Center -1963-2013 • Virginia Beach Public Health Department Community Profile • Volunteer Council 2013 Annual Report • Original City Hall Building Plans (Thumb Drive) Photos • Cavalier Hotel Historical Slide Show /Images • Library Archives • Virginia Beach Imagery o Attractions, icons and general imagery of the city o Members of City Council, City Manager, City Clerk and former Mayor Meyera E. Oberndorf Video • Aerial of Virginia Beach 2013 • SO`h Anniversary Interviews • Greetings from City Officials and Leaders to Citizens in 2063 Mayor Sessoms deposited the Time Capsule into the newly designed opening in the front brick wall of City Hall near North Landing Road and invited everyone to join him in the Lobby for a reception and reminiscing "OLE TIMES" January 14, 2014 -60- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 14, 2014 6: 00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Couizcil Chamber, City Hall, on Tuesday, January 14, 2014, at 6: 00 P.M. Council Members Present: Robert M. Dyer, Barbara M. Henley, Vice Mayor Shannon DS Kane, Brad Martin, John D. Moss, Hammond, Mayor William D. Sessoms, Jr., John E. Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend Jeremy Jenkins Pastor Grace Covenant Presbyterian Church Louis R. Jones, Amelia N. Ross- Uhrin, Rosemary PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the Act'), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his Yeview of an agenda, he identifies a matter in which he has a` personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. January 14, 2014 -61- 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 MembeY, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Towne Realty ("Prudential'). Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In ordeY to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the puYpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter ofAugust 13, 2013, is hereby made a part of the record. January 14, 2014 -62- CEREMONIAL OATH OF OFFICE VIRGINIA BEACH CITY COUNCIL ITEM#63414 The Honorable Leslie L. Lilley, Judge, Virginia Beach Circuit Court, PRESIDED and delivered the Oath Of Office to newly appointed Members of City Council: Shannon DS Kane Rose Hall District Brad Martin At Large The families of the new Council Members were present to witness the Oath of Office and share this very special occasion with Council MembeYS Kane and Martin who introduced their family members. January 14, 2014 VIRGINIA: IN THE VIRGINIA BEACH CIRCUIT COURT CLERK'S OFFICE OATH I, Shannon D. S. Kane, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge all the duties incumbent upon me as a member of the Virginia Beach City Council, Rose Hall District, according to the best of my ability, (so help me God). Signature of P rson Taking Oath Oath taken and subscribed to before me on January 14, 2014 Tina E. Sinnen, Clerk JUDGE VIRGINIA: IN THE VIRGINIA BEACH CIRCUIT COURT CLERK'S OFFICE OATH I, Brad Martin, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge all the duties incumbent upon me as a member of the Virginia Beach City Council, at Large, according to the best of my ability, (so help me God). Signature of erson Taking Oath Oath taken and subscribed to before me on January 14, 2014 Tina E. Sinnen, Clerk ? JUDGE -63- FORMAL SEATING OF VIRGINIA BEACH CITY COUNCIL ITEM#6341 S Mayor William D. Sessoms, Jr., presented the FORMAL SEATING OF CITY COUNCIL: Mayor William D. Sessoms, Jr. Vice Mayor Louis R. Jones Rosemary Wilson James L. Wood John E. Uhrin Shannon DS Kane Barbara M. Henley Robert M. Dyer John D. Moss Amelia Ross-Hammond Brad Martin January 14, 2014 -64- ITEM#63416 Mayor Sessoms recognized Boy Scout Troop 7, sponsored by Knights of Columbus, Council 4632, in attendance BOYSCOUT TROOP 7 Bryce Allen Ben Austin James Palmiere Sean Leavis Sam Scott Alex Bowles Mason Bleedingheiser Austin Taylor Dylan Bowerman Grayson Smith Cameron Chicella Verge Fogle James Hebert Alex Hebert Adyn Boatrite Ben Netzel January 14, 2014 -65- Item -VIII-E CERTIFICATION ITEM #63417 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requiYements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting.• 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None _ Council Members Absent: None January 14, 2014 R E S 0 L U T 10 N CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #63413 Page 57, 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. uth Hodges Fraser, MMC City Clerk January 14, 2014 -66- Item -VIII-F.1-2 MINUTES ITEM #63418 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of December 10, 2013 and the SPECIAL FORMAL SESSION of December 17, 2013. Voting: 9-D Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Members Abstaining: Shannon DS Kane Brad Martin January 14, 2014 -67- ADOPTAGENDA FOR FORMAL SESSION ITEM #63419 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION January 14, 2014 -68- Item -VIII-H.l PUBLIC HEARING ITEM #63420 Mayor Sessoms DECLARED A PUBLIC HEARING: EXCESS CITY-OWNED PROPERTY 118 West Lane There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. January 14, 2014 -69- Item -VIII-H.2 PUBLIC HEARING ITEM #63421 Mayor Sessoms DECLARED A PUBLIC HEARING: SPECIAL SERVICE DISTRICT Harbour Point Neighborhood Dredging Project (SSD) There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. January 14, 2014 -70- Item -VIII-H.3 PUBLIC HEARING ITEM #63422 Mayor Sessoms DECLARED A PUBLIC HEARING: GAP FINANCING FOR CAVALIER ASSOCIATES Dean Anninos, 1545 Wolfsnare Road, Phone: 759-7795, spoke in OPPOSITION. Mr. Anninos stated when the GAP Financing is layered on top of the grants and the $18-MILLION investment the City made, it seems excessive. There being no additional speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. January 14, 2014 -71- Item -VIII-I.1 PUBLIC HEARING ITEM #63423 Mayor Sessoms DECLARED PUBLIC COMMENT CENTRAL BIISINESS CORE DISTRICT ZONING ORDINANCE There being no speakers, Mayor Sessoms CLOSED THE PUBLIC COMMENT January 14, 2014 -72- Item -VIII-J ORDINANCES/RESOL UTIONS ITEM #63424 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council APPROVED, IN ONE MOTION, BY CONSENT, Items 1, 2, 3(MOSS VERBAL NAY), 4a/b, Sa/b and 6 of the CONSENT AGENDA, composed of Ordinances, Resolutions and the Planning Applications. Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Shannon DS Kane, Brad Martin, John D. Moss, Hammond, Mayor William D. Sessoms, Jr., John E. Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Louis R. Jones, Amelia N. Ross- Uhrin, Rosemary January 14, 2014 -73- Iteni -VIII-J.I ORDINANCES/RESOL UTIONS ITEM #63425 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE parcel at 118 West Lane to be in EXCESS of the City's needs and AUTHORIZE the City Manager to SELL same to Darrell and Jessica Shay Edwards DISTRICT 6- BEACH Yoting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 14, 2014 1 AN ORDINANCE DECLARING THE 2 PROPERTY LOCATED AT 118 WEST LANE 3 (GPIN 2407-94-4649) TO BE IN EXCESS OF 4 THE CITY'S NEEDS AND AUTHORIZING 5 THE CITY MANAGER TO SELL THE 6 PROPERTY TO DARRELL EDWARDS AND 7 JESSICA SHAY EDWARDS 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that lo certain 9,514 sq. ft. parcel of land located at 118 West Lane (the "Property") more 11 particularly described on Exhibit "A" attached hereto and made a part hereof; 12 13 WHEREAS, the City acquired the Property pursuant to the APZ-1 14 Acquisition Program; 15 16 WHEREAS, the City funded the acquisition of the Property through a 17 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party ls contributing fifty percent (50%) of the funds; 19 20 WHEREAS, the Property is in the midst of other residences and at the 21 time of acquisition was improved with a duplex, containing two dwelling units; 22 23 WHEREAS, Darrell Edwards and Jessica Shay Edwards (the "Buyers") 24 own adjacent properties at 1552, 1556 and 1562 New York Avenue and they have 25 requested to purchase the Property in order to utilize it in a manner compatible with the 25 APZ-1 Ordinance; 27 28 WHEREAS, the Buyers desire to purchase the Property in accordance with 29 the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 30 31 WHEREAS, the APZ-1 Disposition Committee has recommended that City 32 Council declare the Property to be in excess of the City's needs and sell the Property to 33 the Buyers; and 34 35 WHEREAS, the City Council is of the opinion that the Property is in 36 excess of the needs of the City of Virginia Beach. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 39 OF VIRGINIA BEACH, VIRGINIA: 40 41 That the Property located at 118 West Lane is hereby declared to be in 42 excess of the needs of the City of Virginia Beach and that the City Manager is hereby 43 authorized to execute any documents necessary to convey the Property to Darrell 44 Edwards and Jessica Shay Edwards in accordance with the Summary of Terms 45 attached hereto as Exhibit "B" and such other terms, conditions or modifications as 4 6 may be acceptable to the City Manager and in a form deemed satisfactory by the City 47 Attorney. 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Further, that revenue from the sale of the Property in the amount of $9,514 shall be received and fifty (50) percent of this amount shall be appropriated to CIP #9-060, Oceana InterFacility Traffic Area Conformity & Acquisition, and fifty (50) percent shall be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. A manual encumbrance will be established to ensure that the $4,757 retained by the City will be available for BRAC program acquisitions in future years per the agreement with the Commonwealth. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of January , 2014. CA12558 R-1 12/4/13 \\vbgov.com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d005\p017\00064355.doc APPROVED AS TO CONTENT ?&Mc,?, C' . oya-Jsti ublic Works APPROVED AS TO CONTENT Q s A Management Services APPROVED AS TO LEGAL SUFFICIENCY C' y I rne s Office(J EXHIBIT "A" GPIN 2407-94-4649 (118 West Lane All those certain lots, pieces or parcels of land, situate, lying and being in the City of Virginia Beach, Virginia, known, numbered and designated as Lot 13, and the western one- half of Lot 14, in Block 6, plat of "Survey of Block 6 Oceana Gardens," which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 21, at page 3. RESERVING UNTO THE CITY all right, title and interest of the City 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. IT BEING the same property conveyed to the City of Virginia Beach from James R. Gerling and Jane D. Gerling, by deed dated October 19, 2012, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20121024001234910. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 118 WEST LANE Seller: Buyers: Property: Legal Description: City of Virginia Beach Darrell Edwards and Jessica Shay Edwards, husband and wife 9,514 sq. ft. of property generally known as 118 West Lane (GPIN: 2407-94-4649). See Exhibit "A" to Ordinance Sale Price: $9,514 CONDITIONS OF SALE: • Property is purchased "As is, Where is." • Buyers have been advised of APZ-1 restrictions for use. • Buyers may use the Property for accessory structures, or Buyers may otherwise utilize the Property for construction in conjunction with their adjacent property upon resubdivision to remove interior lot lines; however, Buyers may not add any new dwelling units. • Seller shall resubdivide the Property to vacate interior lot lines. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneoWS with conveyance. • Seller will reserve any fee in the streets and any easements necessary for public purposes. -74- Item -VIII-J.2 ORDINANCES/RESOL UTIONS ITEM #63426 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to DIRECT the City Attorney to file a petition for a Writ of Special Election on November 4, 2014 Yoting: I1-0 Council Members Voting Aye: Robert M. Dyer, BarbaYa M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None January 14, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 A RESOLUTION TO DIRECT THE CITY ATTORNEY TO FILE A PETITION FOR A WRIT OF SPECIAL ELECTION WHEREAS, Glenn Davis, City Council Member for the Rose Hall District, was elected for a term that ends December 31, 2016; WHEREAS, Mr. Davis submitted his resignation from the City Council effective December 31, 2013; WHEREAS, Code of Virginia § 24.2-226 requires that within fifteen (15) calendar days of receipt of resignation, the governing body shall petition its circuit court for a Writ of Special Election to fill the remaining portion of the Council Member's term; and WHEREAS, the next general election following the resignation by Mr. Davis is November 4, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council directs the City Attorney to file a Petition for a Writ of Special Election in the Circuit Court for the purpose of filling the vacancy in the office of City Council Member Rose Hall District for a term ending December 31, 2016. Adopted by the City Council of the City of Virginia Beach, Virginia, this 14th day of Januarv , 2014. APPROVED AS TO LEGAL SUFFICIENCY: ? ..-------._. City-A y' , ffice CA12860 R-2 December 19, 2013 1 -75- Item -VIII-J.3 ORDINANCES/RESOL UTIONS ITEM #63427 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to UPDATE the City Council Policy re "Guidelines for Evaluation of Investment Partnerships for Economic Development" Voting.• 10-1 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: None January 14, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A RESOLUTION TO ADOPT AN UPDATE TO THE CITY COUNCIL POLICY, "GUIDELINES FOR EVALUATION OF INVESTMENT PARTNERSHIPS FOR ECONOMIC DEVELOPMENT" WHEREAS, the original policy, "Guidelines for Evaluation of Investment Partnerships for Economic Development," was adopted by City Council in 2001; and WHEREAS, the City has spent several years developing unique plans that will shape the future of the City with various focus areas such as the City's eight Strategic Growth Areas (SGA's) and four Special Economic Growth Areas (SEGA's); and WHEREAS, this update is necessary to align the investment partnership policy with the goals of the SGA's and SEGA's; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That City Council hereby adopts an update to the policy "Guidelines for Evaluation of Investment Partnerships for Economic Development," a copy of which is attached hereto as Exhibit A; and 2. That the City Manager and staff are hereby directed to use the process outlined in the policy when evaluating potential investment partnerships. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day Of January , 2014. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT ?.? ??, t?" , - - ? 9aL 6 "JLJ"tl Strategic owth Area Offi u Department of Finance APPROVED AS TO LEGAL SUFFICIENCY: CA12862 / R-1 / December 13, 2013 Exhibit A 9 ,? ? ? ? ?t pF OUR NA,? City Council Policy Title: Guidelines for Evaluation of Investment Partnerships for Economic Development Index Number: Date of Adoption: March 13, 2001 Date of Revision: Jan. 2014 Page 1 of 4 1.0 Purpose and Need On March 13, 2001, City Council originally adopted this policy. The City of Virginia Beach has spent the last several years developing unique development plans that will shape the future of each of the City's eight Strategic Growth Areas (SGA's) and four Special Economic Growth Areas (SEGA's). This revision seeks to update the 2001 policy by focusing upon those partnerships that are consistent with the SGA's and SEGA's. 2.0 Policv Statement City Council may consider investment partnerships that meet the desirability and feasibility criteria set forth in this policy. Accordingly, staff is directed to follow the process described in Section 5.0 to review and evaluate potential partnerships. 3.0 Criteria: Desirable and Feasible Proiect A desirable project will have many, but not necessarily all, of the following characteristics: 3.1 Compliance with City Council goals. City Council has identified a diverse local economy and living choices as key for the City's future. Investment partnerships should be based upon the project's ability to meet Council's goals. Other City Council goals and objectives may be identified in the SGA Plans, the Comprehensive Plan and the Envision 2040 Plan. 3.2 The project is located within a SGA or SEGA. 3.3 The private sector investment is a minimum of $30 million and acts as a building block for future beneficial development. City Council Policy Guidelines for Evaluation of Investment Partnerships for Economic Development Page 2 3.4 The project aligns with SGA/SEGA design principles. 3.5 Proximity to light rail stations. Most SGAs are within '/2 mile of proposed light rail stations, and proximity to such stations should encourage successful development. 3.6 Historical financial and construction development integrity. A partner should have the financial capacity and experience that suggests the ability to complete the project. 3.7 Generates jobs and supports target industry development. The Economic Development Department has identified professional, scientific, technical, information, high perFormance manufacturing, and headquarter and regional businesses as targeted industries. 3.8 Projects support pedestrian and bicycle connectivity. Walkable streets and bicycle amenities support the SGA goal of walkable, safe, and connected communities. 3.9 Offers housing stock variety. If housing is included in the project, the City has a goal of providing high-quality and affordable housing to a diverse range of households. The project must also be financially feasible for the City and the private partner: 3.10 Fiscal, economic, and/or social benefits will be greater because of a public investment partnership based on a due diligence evaluation. 3.11 A fair and reasonable return (fiscal, economic, and/or social) is provided to both the private and public sector partners. 3.12 The project will not proceed, or will not proceed at a desired quality level, "but/for" a public sector investment partnership. 3.13 Partner is willing to enter into a Development Agreement that allocates responsibilities and risk. City Council Policy Guidelines for Evaluation of Investment Partnerships for Economic Development Page 3 4.0 Investment Partnership Incentives Investment partnerships may take a variety of forms and require the mixing and matching of incentives. The following is a list of typical incentives that may be considered in these partnerships. 4.1 Annual revenue and/or fee incentive grants 4.2 Density bonuses 4.3 Establishment of a special service district (SSD) 4.4 Economic Development Incentive Program (EDIP) grants 4.5 Land swaps, grants, and transfers 4.6 Lease of City-owned or Development Authority-owned property 4.7 Assisted Plan Review 4.8 Public infrastructure, parking, and amenities 4.9 Sustainability and/or rehabilitation tax relief 4.10 Other incentives that may be available or considered for the partnerships 5.0 Definitions 5.1 Investment partnerships are agreements between the City or the Development Authority, and a private entity, usually a developer. To leverage large scale development, generate public benefit, or increase tax revenues, the City makes a partnership with a developer enabling SGA and SEGA plan compliance, maximizing development potential, and accomplishing a project otherwise not achievable. City Council Policy Guidelines for Evaluation of Investment Partnerships for Economic Development Page 4 5.2 Strategic Growth Areas, as defined in the 2009 Virginia Beach Comprehensive Plan, are designed to concentrate growth in a strategic and sustainable way, developing centers of employment, living, commerce, shopping, and arts and culture. The SGAs, almost all of which are located along the City's primary transportation corridor, emphasize a `smarter' type of growth. 5.3 Special Economic Growth Areas, as defined in the 2009 Virginia Beach Comprehensive Plan, are four predominantly nonresidential areas, located adjacent to NAS Oceana and in the Interfacility Traffic Area targeting land uses compatible with the military. 6.0 Process 6.1 The private partner makes a formal request of the City to engage in an investment partnership. In response to this request or application, the City Manager, Deputy City Manager(s), the City Attorney, the Director of Finance, and the Directors of Economic Development, Planning, Finance and Management Services, SGA Office as needed, have a preliminary meeting (or a series of ineetings) with the prospective partner. The purpose of this meeting and review is to determine if the project is a desirable project. 6.2 If the project meets the desirability characteristics, then the prospective partner may be directed to submit, additional information to enable the City to evaluate, among other things, the qualifications of the developer and the significance of the economic and fiscal impacts. 6.3 The City Manager will brief City Council and request the appointment of Council liaisons for the project. 6.4 The City Manager (or the City Manager designee) will assign a Project Manager. If not previously completed, the City will complete a study of the economic, fiscal and social impacts of the project, including, without limitation, the number of jobs, type of jobs, salaries paid, as well as economic, community, and other impacts. City Council Policy Guidelines for Evaluation of Investment Partnerships for Economic Development Page 5 6.5 A Term Sheet may be developed, in concert with the City Attorney, and presented to City Council for concurrence. 6.6 The Project Manager will undertake stakeholder input that is appropriate based upon the size and scope of the project. 6.7 A Development Agreement is prepared with the developer/partner. Any such agreement is prepared under the direction and supervision of the City Attorney. 6.8 The Development Agreement is brought before the City Council and/or Development Authority for formal approval. Approved as pmkw???? to Content: Director of Finance Approved as to Content: Approved as to Legal Sufficiency: i-a -/q Date l ? F. ( `t- Date i- L-- ILl Date Reviewed by: 6e uty City Manager Date Reviewed by: L ? ,J A rJ ,S 20 14 Ci Manager Da APPROVED BY CITY COUNCIL: Mayor Date City Attorney POLICY REPORT STRATEGIC GRC}WTH AREAS AND SPEGiAL ECONC}MIC GROWTN AREAS INVESTMENT PARTNERSHiP INCENTIVES INTRoauczIaN t7n Nlarch 13, 2001, City Council adopted a Ciry Councii Policy entitled "Guide[ines for Eualuatian of Investmen# ParEnerships for Economic Devetopment" identifying criteria and guideiines for evaluatsng publiclprivate and pubficlpub(ic partnerships. Since 2001, tFe City has erttered inta a number af inusstment partnerships that have cantributed tn the City's ecanomie vitaft The City of Virginia Beach has spent several years developing unique develapment plans that wi1( shape fhe future of each of the Gity's eight Sira#egic Grovuth Areas (SGA's) and four Special Economic Growth Areas (SEGA's). With a focus specific to SGA and SEGA pattnerships, this report's purpose is to serve as a basis for the proposed revisians affached hereto as Attachment 1. CHARACi'ERISTICS QF AN tNVESTMENT RART1dERSHIP Thfs pnEicy report reiterates and refines incentive guideEines for rnaking investment partrrership eligibility decisions. Any project brought fo #he attention of City Council will possess the following basic characteristics, • The stnaGture of the partnership witl be tegally sound and haue financial integrity ? The project wil[ advance one or rnore Gity Council goals ? The project would ncrt proceed, ar wau(d nof prac.eed at a desired quality ievel (e.g. high density), "bufilfor" the par#icipation of the City. The following are examples of partrtership projects and the incentives pmvided: • Gavatier Hatel Renovation: Annual incentive revenue grant and EDIP • 25th S#reet Parking Garage: Annual incentive revenue gran#, long terrn lease, and land transfer • 31 C}cean (Laskin Road Gateway): Fulfy funded public utility and roadway intras#ruc#ure G!P e 31st Street Mixeci Use Development: Land lease and parking infrastructur+e Cli' .Sportsplex Fieldhause: Annual incentive revenue grant and iong-term land lease . Lynnhaven Maii Renovation: Tax increment financing (T!F) for parking infrasfructure tapgrade o Sportsplex: Pubt'sc amenity infrastructure cost sharing CIP • Towwn Gen#er Prpjec#; TIF for parking garages and SSD for senrices and adjacent streetscapes o 17fh Street Park Cevetopment: Conditionai use permit granted in exchange for public amenity use on pr'Na#e praperty ? 9#h Street Parking Garage: Long-term parking iease wi#h option to purchase ? Virginia Beach Amphitheater. Public amenity infrastructure cost shar"rng CIP Po(icy Report -- investmenf Partnership Incentives Decernber 2, 2013 DEFINITiONS AND FQCUS AREAS Investment partnersfiips are agreements between the City (or the Development Authority) and a private entity, usuaEly a developer, that may have flne or more of the following attributes: addresses a specific goal of Cdy Council; increase the City's tax base; further 5GA and SEGA ptan compfiance; maximize growth or development patential; accomplish a project fhat wauld otherwise not be achiavable. Strategic Growth Areas (SGA), as defined in the 2009 Virginia Beach Comprehensive Plan, ars designed to conoentrate growth in a strategic and sustainable way, developing centers of employmen#, living, commerce, shopping, and arts and culture. The SGAs, almost a(I of which are iocated along the City's primary transportation corridor, provide the City with an opportunify to reshape portions af the City in a way that emphasizes a`srnarter type of grawth. SGAs recognize the importance of preserving and respecting existing neighbarhaods, especially those located adjacent to or in the SGAs. Special Ecanonic Grawth Areas (SEGA), as defined in tha 2009 Virginia Beach Comprehensive Plan, are four predominantly nonresidential areas, (ocated adjacent to NAS Oceana and in the InterFacility Traffic Ares (17A) targeting lar?d uses compatibie wifh the military. SGA and SEGA Map 2 Policy Repart - Investment Partnership Incentives Decernber 2, 2013 IN1fESTMENT PAR7'PIERSHIP 1tdCENTIVES As demonstrated by fhe list of existing or completed investment partnerships, a successful partnership may take a variety of forms and require the mixing and matching of incentives. The foilowing is a list of #ypicai incentives. A description of each may be found in Appendix A: + Annuat revenue andtar fee incentive grants o Density bonuses • Establishment o# a speciai serv}ce district (SSD) e Economic Deve+lopment Incentiva Pragram (EDIP) granfis ' * Land swaps, grants, and transfers • Lease of City-owned or Develapmen# Authority-owned prapertY • Assisted Pfan Review p Public infrastructure, parking, and amenities o Sustainabitity and/or rehabili#atian tax relief tNVESI"MENT PARTNERSHIP GUIDEE.INES A desirab(e project wil{ have many, but nat necessarily all, of the follflwing charac#eristics: • Camplfance with Gity Council gaals. City Counal has identifred a diveese local economy and [iving choices as key for the City's future. Investment partnerships should be based upan the project's ability to meet Cauncif's goals. Gther City CounciE gaais and objectives may be lderrtiFied in the SGA Plans, the Comprehensive Plan and the Envision 2040 Pian. 0 7he project is focated within a Sfirategic Growth Area or Specia! Economic Growth Area • Tfae private sectar investanent is a mirturnum of $30 million and acts as a buitding block for future beneftcia# deveiopment. a The project aligns with SGA/SEGA design principles. • Proximifiy fa light rail stations. Most SGAs are wi#hin 'h mile of praposed fight rail stattans, and proximify to such s#atians shauld encourage successful development. • HiStoriCaI fir18#1Cial and construction development integrity. A parkner shoukd hawe the financial capacity and experience that suggests #he ability ta complete the project. e Generates jnbs and supports target inr9ustry deveiopmenk The Econamic Qevelaprnent C7eparfiment has iderrtified professional, scientific, technical, information, high performance manuFac#uring, and heactquarter and regional businesses as targeted industries. • Projects support pedestrian and btcycle connectivity. Wafkable stresfs and bicycle amenities support the SGA goal of walEcable, safe, and connected cornmunities. 0 Offers hausing stvck vaciety. 1f housing is inGluded in the project, #he City has a goal of providing high-qua#ity and affordabte housing to a diverse range of households. The project must also be financiaily feasibie for the City and the private par#ner: •Fis+cai, econorraic, andlor social benefts wilf be greater because of a public investment partnership based on a due diligence evaluatinn (see Appendix B) * A fair and reasonable return is provicled ta both the private and pubfic sec#ar partnars • TFfe pP(},]@Ct {4{till IiQt pPQC@etl, or mrifl not proceed at a desired quality level, `buUfor" a public sector investrrtent partnership s Partner is willing tv enter inta a Gevetapment Agreement ta allQCate respvnsibifities and ris#c. 3 Paticy Report - Inves#ment Partnership tncentives December 2, 2013 PROJECT REYiEW PROCESS In general terrns, the project review process has the following eighf steps: i. The private partner makes a for?nal request of the C'sty to engage in an inuestment partnership. In response to this request ar application, the City Manager, Deputy City Manager(s), the Gity Aftomey, and the Directors of Economic Development, Planning, Finance and Management Services, and the SGA UfFice, as needed, have a prefiminary rneeting (or a series of ineetings) with the prospective partner. The purpose of this meeting and review is to determine if the projecf is a desirable project. 2. !f the project meets the desirabiiity characteris#ics, then the prospective partner may be directed ta submit additional inforrnafion to enable the City trs evaluate, among other things, the qualifications af the developer and the economic and fiscal impacts. 3. The City Manager wiN brief Ci#y CounciE and request the appointment of Councii liaisans for the project. 4. The City IVianager (or the C€ty Manager designee) wili assign a Project Manager. If not previausly cornpleted, the Project Manager wiil undertake and complete a study of the economic, fiscal and socia{ impacts of the project, including, wi#hout limitation, the number of jobs, tyPe of jabs, salaries paid, as wel( as econornic, cornmunity and other impacts. 5. A Term SheQt may be devefopad, in conceet with the City Attornsy, and presented ta City Gouncil faF aonaurtence. 6. 7he Project Manager wiii undertake stakeholder input that is appropdate based upan the size and scope of the prQjec#. 7. A Development Agreement is prepared with the devalaper/partner. Any such agreement is prepared under the direetion and supervisian of the Cftj+ Attorney. 8. The Deveiopment Agreement is braught before the City Councii and/or Deveioprnerrt Au#hority for formak approval. PC}LICY REVfEW APiC? MODIFICATiONS The intraduction of light rail couid become a catalyst and incentive for future develapment and coufd possibly reduce or elimina#e investment partnership participation. While the timeframe far Eight rail or ather transit projects is uncertain, the comple#ion af such could fundamentat(y ahange deuelopment patterns. Therefare, these guidelines should be reviewed at regular intenrals far potential modifications or termination. :;L • 01 M J iT?T2% -t L*?;u Stai# recarnmends the adoption af this policy as an amendment to the existing °Guidelines for Evaluatian of Inves#ment Partrierships for Economic aevelopment." 'T'he revised draft policy is atfached for revieuv (Aftachmerlt 'I). 4 Poticy Report - Investment Partnership Incentives Decernber 2. 2013 Rrepared By: '" t?irector at Strate ic Growth Office t?ate 13 Director af Finance Date Reviewed for Legal5ufficiency: W\"? b. 4??- LZ ~& ° 13 City At#orney Date Approved By: City anager Date 5 Po{icy Repart - Investment Partnership Incentives December 2, 2013 APPENDIX A - iNCENTtVE DESCRIPTIONS • Incentive Grant(s): Incentive grants are a direct contributian of funds for a specified number of years. The amount of the grant should bear some relationship to a partion of the direct City revenue generated by the project. For example, real estate, admissions, sales (local partion only), or other locality collected taxes could be granted back to the developer until a financial threshold is rnet. Because af state law restrictions, the granting of funds related solely ta economic development may only be provided by the Developmsnt Autharity. The Economic Development Incentive Program (EDiP) is a specific grant program that is aiscussed in #urther detail below. • Densi#y Bonuses: In accordance with SGA/SEGA plans, developments requesting greater density may be authorized to exceed density limits in certain circumstances One example nf such a density bonus is the Workforce Housing Zoning Ordinance in Appendix A, Artic(e 21, Section 2100 of the City Code. • Special Service Districts: When a Special Service District (SSD) is established (Virginia Code §§15.2-2400, et seq.), additianal taxes are levied against the district's real property. SSD funds may be used for certain statutorily provided facifities and activities such as increased garbage removal and disposal and public parking. . Ecanomic Development Incentive Pragram (EDIP) Grants: ED1Ps are one time, reimbursement grants des+gned to stimulate economic growth and competitively pasition localities by promoting business development. In Virginia Beach, the Development Authority administers the program with annual support from City callected cigarette taxes. It is designed to fiexibly a`sd with the cost of new business relocations and expansions within the City. In return, new and expanding businesses generate additional direct, indirect, and induced tax revenues. fncentive qualification is dependent upon new job creation, capital investment, compatibility with the City's Comprehensive Plan, and overall ecanamic development strategy. • Land Swaps, Grants and Trans#ers: City-owned properky rnay be sold, subdivided, made subjeet ta a condominium regime, swapped, ar otherwise leveraged to make a project feasible. • Lease Agreements: The City may lease its real property, for a period of less than forty years, when there is a public benefit to such lease. • Assisted Plan Review (APR): Assisted Plan Rsview is a service established for projects within the SGAs and SEGAs meeting City Council approved criteria. The APR Service wil( shepherd developers through the permitting process to aid development. • Public infrastructure, Parking and Amenities: Where public works are needed, the City may ieverage its Capital {mpravsment Progrartz. Capital projects can be designated to finance structured pubdic parking, pubfic amenities, new roadways, stormwater infrastructure, or enhancect public utilities. • Sustainability and Rehabilitation Tax Relief Pragrams: The City has adopted a lower tax rate for certain energy-efficient properties. The City also has a partial real estate fax exemption pragram for substantially rehabilitated, renavated, ar replaced commercia( or industrial strucfures. The exemption is applied to the increase in assessed value as calculated by the City Real Estate Assessor resuiting from rehabilitation. 6 Policy Repart -- Investment Partnership Incentives December 2, 2013 APPENt?!X B- DUE QILIGENCE EVALUATIDId In order for the City to determine the significance of the economic, fiscai, and social impacts of an investment partnership, the failawing is a sumnnary of informatian that may be needed: « Project description, costs, project timing, ecanomic impact, and planned financing methods. Conoeptuai descriptians measure usage and aesthetic desirability; cast estimates help determine capital investments and deve{apment to public investment ratias; project tirne tabfes aide in #he caardination of other po#ential projectts and idenfifies anticipafed #ax revenue changes; ecflnamic impact s#udies measure warkforce activity and potenfiaf synergistic benefits; and financing methods indicate anticipated creditworthiness. • A resume from the deveioper(s) indicating development experience, financial basis, and other disclosures (e.g. bankruptcies and tax Ilens). llndersfanding the partner's financial position may assist in determining the partner's abiiity to execute the proposed project. • FeasibiCity Analysas of the Project: This set o# reports shauld farm the basis for a pra-fnrma evaluation. The key paints include estimates of revenues, costs, and cash flaws. Far verifrcation and credibility, the City shouEd canduc# an independent review of any studies provided by the partner. Further, the City shQUld have acccess to the develflper's bar?k (or #inancial institution) appraisafs, applica#ians, and studies refated ta the project: - Eval+uation of feasibiEityldemand studiss - Financial analyses - Detailed praject cost estimates - Resumes of contractors, engineers - Descripfion of major tenants, including letters of intent for cnmmercial space - Direct and indirect fiscal anrl ecanomic impacts - Appraisal of Eand - AbsQrpfiion anafysis • Description a# Uvvneeship Structure - Principal resumes {experience and oufcome} - Develvper financial statements • Saurces and Description of Financial CommitmentslUses of Funds for the Project - Description of the nature and #erms of the obliga#ions for ail applicable equity, tender financing (constnaction-related or permanent), governmental fiinancing, ar a#her fiinancing - Enformatictn indicating when praject funds would be used e Pro forma incofne and Expense ScheduleslGash Ftow. - Ten year annual based pra farmas with assump#ions (vacancy raEes and debt servic,e) - Pra formas v-Ali iElustrate effect with and without pubIic assistance + Internal Rate of Retuen Anal}rsis - Equ?ty analysis assuming a a- and 10-year holding period. - Equity ana(yses will demans#rate effect with and without public assistartce s 1dontify DefaUlts and Li#igafiian - List of any pending ar threatened rnaterial litigatinn or administrative proeeedings against tFte applicant and principal participants - Lis# of any material defaults far existing financing by the appficant and principa(s - List of any tax, assessment, fee, ar other similar debt payment defauEts ' - List of any bankruptcy proceedings by the appiicant or prineipals 7 -76- Item -VIII-J.4a/b ORDINANCES/RESOL UTIONS ITEM #63428 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances re Harbour Point Neighborhood Dredging Special Service District: DISTRICT 6-BEACH a. AMEND the City Code to CREATE Harbour Point Neighborhood Dredging Special Service District (SSD) and LEVY additional taxes on real property within the Special Service District b. CREATE Capital project to APPROPRIATE and TRANSFER funds re engineering and design work Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay: None Council Members Absent: None January 14, 2014 1 AN ORDINANCE TO AMEND THE CITY CODE TO CREATE 2 THE HARBOUR POINT NEIGHBORHOOD DREDGING 3 SPECIAL SERVICE DISTRICT AND TO LEVY ADDITIONAL 4 TAXES ON REAL PROPERTY WITHIN THE HARBOUR 5 POINT NEIGHBORHOOD DREDGING SPECIAL SERVICE 6 DISTRICT 7 8 SECTION ADDED: 35.3-11 9 10 WHEREAS, the City of Virginia Beach has received signed petitions from at least 11 80% of the residents of the Harbour Point Dredging Area waterfront property owners; 12 and 13 14 WHEREAS, the petitions provide the signers commit to the imposition of special 15 service district ("SSD") taxes and other contributions as set forth in further detail herein; 16 and 17 18 WHEREAS, the Harbour Point Area Dredging Project ("Project") includes three 19 (3) cycles of dredging; and 20 21 WHEREAS, although the SSD taxes will begin July 1, 2014, the first dredging is 22 planned for FY 2015-16, the second is planned for FY2022-23, and the third is planned 23 for FY 2029-30; and 24 25 WHEREAS, the Project is a partnership addressing related dredging activities: 26 the community channel dredging, which is supported by City contributions to the Special 27 Service District; the neighborhood channel dredging, which is supported by the levy of 28 Special Service District taxes; and the access channels, which are supported by 29 individual contributions to the Special Service District; and 30 31 WHEREAS, the rate established by this Ordinance is based on the FY2012-13 32 real estate assessed value of the subject properties; and 33 34 WHEREAS, City staff will re-calculate the estimated Project costs at a minimum 35 of every four (4) years; and 36 37 WHEREAS, the City Council of the City of Virginia Beach believes that 38 undertaking the Project is in the best interest of the pubiic and is a reasonable exercise 39 of the City's authority to promote general welfare, including commerce and industry of 40 the City and the inhabitants thereof. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA: 44 45 1. That the Code of the City of Virginia Beach, Virginia, is hereby amended and 46 reordained as follows: 47 48 Section 35.3-11. Creation of the Harbour Point Area Dredqinq Special Services 49 District. 50 a. There is hereby created the Harbour Point Area Dredqinq Special Service District 51 for the purposes set forth in this chapter and those set forth in Code of Virqinia, 52 section 15.2-2403. 53 b. The boundaries of the Harbour Point Area Dredqinq Special Service District shall 54 be described in detail by the map attached to this ordinance. 55 c. The Harbour Point Area Dredgnq Speciai Service District shall dissolve on July 56 1 2030, if not sooner. 57 58 2. There shall be levied and collected taxes for the special purpose of providing 59 neighborhood dredging on all real estate within and pursuant to the Harbour Point Area 60 Dredging Special Service District at the rate of 7.9 cents ($0.079) on each one hundred 61 dollars ($100) of assessed value thereof. This real estate tax rate shall be in addition to 62 the real estate tax rate set forth by the General Real Estate Tax Levy adopted by City 63 Council. Any deferral of such levies for elderly or disabled persons shall be subject to § 64 35.3-5.1. As set forth in Code of Virginia § 15.2-2403(6), written consent is required to 65 apply this tax rate to the full assessed value of properties subject to special use value 66 assessment. The real estate tax rate imposed herein shall be applied on the basis of 67 one hundred percentum (100%) of the fair market value of such real property except for 68 public service real property, which shall be on the basis as provided in Code of Virginia 69 § 58.1-2604. 70 71 3. The City Manager or designee is hereby authorized to enter into contracts and to 72 perform other actions consistent with this ordinance. 73 74 4. Paragraphs 1 and 3 shall be effective immediately. 75 76 5. Paragraph 2 shall be effective July 1, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14thday of January , 2014. Requires an affirmative vote by a majorify of all of the members of City Council. APPROVED AS TO CONTENT ??Jlru7 Q . Management Services APPROVED AS TO CONTENT: &Co Pu APPROVED AS TO LEGAL SUFFICIENCY: C 's ice CA12820 R-2 January 2, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO CREATE CAPITAL PROJECT #8-504, "HARBOUR POINT NEIGHBORHOOD DREDGING," TO APPROPRIATE FUNDS AND TO TRANSFER FUNDS TO CIP #8-504 WHEREAS, by separate ordinance the City Council established the Harbour Point Neighborhood Dredging Special Service District; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, THAT: 1. Capital Improvement Project #8-504, "Harbour Point Neighborhood Dredging" is hereby created in the FY 2013-14 Capital Improvement Program; and 2. $21,473 is hereby transferred from the General Fund Reserve for Contingencies to Capital Project #8-504 for engineering and design work. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of January , 2014. APPROVED AS TO CONTENT: / Management Services APPROVED AS TO CONTENT: Pub ic I s APP ED AS TO LEGAL SUFFICIENCY: ? C' O ice CA12821 R-1 December 26, 2013 t ? ?•? ?, `?" -? ?`F ? r ? '- n + f ?? .C " ? ' a , N W W J `",,.., r ••,, ,;L`,? ? ? t . ? ? ? '? k, ?? -;t Q.,, `` ' ? ?.... O?? .f,,, , •ry,? f i_r=,. ? ? r' •+ f ` ? r ?•,. ? jr t ..,N -`'^ `1 ? ??? l? 1, ,_ `??? ? p , , `?., ? `` • 'r ? 4f: r " ca _ 1' , ? •? ? ??, f ? ?`?.. o? . -? ? c-4 ; ? ? RN i ? ,.. ? , , - s . 4 { 1. 5?^ _, '. ` -y 5 _ ?S F,? s avz -? -? , - t , .ZI N ' 3??$roY? .r. . . ? ?'"»4'? §?- " .. %? 3 N lL O 'p tl1 ? ?S OO d K C L N C O . G) O cn J ? ? LL L ), d 6 Q 1 gu, 5-? .? ? v z in c V m a I L D •_ ?_ r O O 1D o d g o y ^ M LL ? i i ? ? ? ? P ; o a? c a? N W ??o N O t N - 0a .? Z C ? E O m 0. o ? 0 Q ? L ? 2 z ? ? ?? Attachment B Neighborhood Dredging for Harbour Point December 2013 Number GPIN Address 1 2427-10-2915-0000 528 Fishermans Bend 2 2427-10-3808-0000 532 Fishermans eend 3 2427-10-3882-0000 536 Fishermans Bend 4 2427-10-4768-0000 540 Fishermans Bend 5 2427-10-5721-0000 529 HarbourPoint 6 2427-10-4518-0000 500 Lighthouse Point 7 2427-10-3633-0000 504 Lighthouse Point 8 2427-10-2659-0000 508 Lighthouse Point 9 2427-10-1764-0000 512 Lighthouse Point 10 2427-00-9960-0000 516 Lighthouse Point 2427-10-0831-0000 11 2427-00-9743-0000 517 Lighthouse Point 12 2427-10-0622-0000 513 Lighthouse Point 13 2427-10-1517-0000 509 Lighthouse Point 14 2427-10-1592-0000 SOS Lighthouse Point -10-1444-0000 Z427 15 2427-10-2496-0000 501 Lighthouse Point 16 2427-10-1312-0000 565 HarbourPoint 17 2427-10-0450-0000 (Lot Only) 18 2427-00-9430-0000 (Lot Only) 19 2427-00-8468-0000 (Lot Only) 20 2427-00-8530-0000 (Lot Only) 21 2427-00-7557-0000 (Lot O nly) 22 2427-11-8157-0000 509 Harbour Point 23 2427-11-7065-0000 500 Fishermans Bend 24 2427-11-6194-0000 504 Fishermans Bend 25 2427-11-6253-0000 508 Fishermans Bend 26 2427-11-8487-7370 401 Harbour Point Ste. 305 (Boat Slip 1) 27 2427-11-8487-6540 411 Harbour Point Ste. 301 (Boat Slip 2) 28 2427-11-8487-6502 409 Harbour Point Ste. 202 (Boat Slip 3) 29 2427-11-8487-7050 413 Harbour Point Ste. 304 (Boat Slip 4) 30 2427-11-8487-6900 419 Harbour Point Ste. 204 (Boat Slip 5) 31 2427-11-8487-7440 403 Harbour Point Ste. 104 (Boat Siip 6) 32 2427-11-8487-6530 411 Harbour Point Ste. 201 (Boat Slip 7) 33 2427-11-8487-7520 403 Harbour Point Ste. 306 (Boat Slip 8) 34 2427-11-8487-6750 417 Harbour Point Ste. 104 (Boat Slip 9) 35 2427-11-8487-6910 419 Harbour Point Ste. 304 (Boat Slip 10) 36 2427-11-8487-6890 419 Harbour Point Ste. 104 (Boat Slip 11) 37 2427-11-8487-6560 411 Harbour Point Ste. 202 (Boat Slip 12) 38 2427-11-8487-6860 419 Harbour Point Ste. 103 (Boat Slip 13) 39 2427-11-8487-6880 419 Harbour Point Ste. 303 (Boat Slip 14) 40 2427-11-8487-6570 411 Harbour Point Ste. 302 (Boat Slip 15) 41 2427-11-8487-7110 415 Harbour Point Ste. 104 (Boat Slip 16) 42 2427-11-8487-7350 401 Harbour Point Ste. 105 (Boat Slip 17) 43 2427-11-8487-6493 409 Harbour Point Ste. 103 (Boat Slip 18) 44 2427-11-8487-6770 417 Harbour Point Ste. 304 (Boat Slip 19) 45 2427-11-8487-7300 401 Harbour Point Ste. 203 (Boat Slip 20) 46 2427-11-8487-6730 417 Harbour Point Ste. 203 (Boat Slip 21) 45 2427-11-8487-7300 401 Harbour Point Ste. 203 (Boat Slip 20) 46 2427-11-8487-6730 417 Harbour Point Ste. 203 (Boat Slip 21) -77- Item -VIII-J.Sa/b ORDINANCES/RESOL UTIONS ITEM #63429 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT and APPROPRIATE funds from the U.S. Department of Homeland Security to the Fire Department: a. $22, 000 to purchase equipment for the Hazardous Materials Team b. $25, 000 to purchase technical search equipment for the Heavy Tactical Rescue Team Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 14, 2014 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE FUNDS FROM THE U. S. 3 DEPARTMENT OF HOMELAND SECURITY FOR 4 HAZARDOUS MATERIALS TEAM EQUIPMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $22,000 from the U. S. Department of Homeland Security is hereby 10 accepted and appropriated, with federal revenue increased accordingly, to the FY 2013- 11 14 Operating Budget of the Fire Department to purchase equipment for the Hazardous 12 Materials Team. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 t h day of January , 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: rManagement Services APPROVED AS TO LEGAL SUFFICIENCY: CA12858 R-1 December 5, 2013 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE FUNDS FROM THE U. S. 3 DEPARTMENT OF HOMELAND SECURITY FOR 4 THE VIRGINIA BEACH FIRE DEPARTMENT'S 5 HEAVY TACTICAL RESCUE TEAM 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $25,000 from the U. S. Department of Homeland Security is hereby 11 accepted and appropriated, with federal revenue increased accordingly, to the FY 2013- 12 14 Operating Budget of the Fire Department to purchase technical search equipment for 13 the Heavy Tactical Rescue Team. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 t h day of January , 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: ? f Budget and Management Services Ci orn 's ce CA12859 R-1 December 5, 2013 -78- Item -VIII-J.6 ORDINANCES/RESOL UTIONS ITEM #63430 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $33, 727 from the Oyster Heritage Trust Fund to the FY 2013-14 Operating Budget of Planning and Community Development to increase the oyster habitat in the Lynnhaven River watershed, conduct annual sanctuary reefs oyster survey and continue the Oyster Shell Recycling program Voting.• 11-0 Coisncil Members Iloting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council MembeYS Voting Nay: None Council Members Absent.• None .Ianuary 14, 2014 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE 2 OYSTER HERITAGE TRUST FUND 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That $33,727 is hereby appropriated, with estimated revenue increased accordingly, 8 from the fund balance of the Oyster Heritage Trust Fund to the FY 2013-14 Operating 9 Budget of the Department of Planning and Community Development to increase oyster 10 habitat in the Lynnhaven River watershed, conduct the annual sanctuary reefs oyster 11 survey, and continue the Oyster Shell Recycling Program. N?pted by the Council of the City of Virginia Beach, Virginia, on the 14thday of Janu , 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , ? l \ ? J ...,J__... U? Budget and Management Ser ces Citv.?4ttor ' ffice CA12873 R-1 December 31, 2013 Lynnhaven R'nrer NOW Oyster Shell Redamation Projed 2013 Report urtvNwAvENRiverNOw ., „ , Lynnhaven River NOW (LRNow) has administered the Save Oyster Shell project for the City of Virginia Beach since 2008. Each year, we have successfully grown the program collecting from more restaurants, public drop off sites, and events. This past year, January 1, 2013 - December 31, 2013, the program grew even more. With the funding for this project, LRNow coliected oyster shells and clam shells from restaurants, oyster roast events and public drop off sites throughout the c'tty. We employ a driver who picks up from each regular location at least four times per week. In addition, we work with community organizations including civic leagues, other non-profit organizations, and churches, to provide containers for the shells before their event and pick up the shells after the event. We also pick up shell from four public drop-off sites throughout the city: LRNow office in the Bayside area; Whole Foods in Hilkop; Virginia Beach Aquarium on General Booth Boulevard, and the Landfiil on Jake Sears Road. Between January 1, 2013 and December 31, 2013, we have coliected 2,675 bushels of shell. We are averaging between 200 and 250 bushels of shells per month. Each year of the project, these numbers have increased. We set a new monthly record of 308 bushels in July, 2013. All shells will be used to rebuild oyster reefs in the Lynnhaven River. This program also keeps this valuable resource out of our solid waste. We currently have twenty active restaurants enrolled in the program and four public drop-off locations. In addition, we worked with various commun'rty organizations to collect shells from sixteen public oyster roast events during the past year. LRNow provides all necessary equipment to the restaurants and events: oyster baskets, gaivanized buckets for the tables, shell cans for outdoor storage, 5 gallon buckets for the kitchens, children's menus, posters and menu stickers. We continue to improve our outreach efforts. The Save Oyster Shell program is publitized on our website, through our eledronic newsletters and our print newsletters. We provide the participating restaurants with posters to display in the restaurant and developed, in 2013, a new sticker for their menus. In addition, in 2013, we began tracking not only daily bushel totals, but also totals for each individual restaurant. We are now providing the participating restaurants with quarterly statements documenting their shell contribution. And we were featured on Joe's Jobs on WVEC news and on the WVEC website in 2013. A breakdown of the expenses for January 1, 2013 through Oecember 31, 2013 follows: (I am basing estimated expenses for December, 2013, on actual November, 2013 expenses and will make adjustments as needed in 2014) Drivers and mileage $16,614.46 Supplies and Equipment $ 2,850.00 Administration, Advertising and Insurance $13,262.00 TOTAL $ 32,726.46 ? Recyded Ca FSC 1608 Pleasure House Road, $uite 108, Virginia Beac6, VA 23455 www.lynnhavenrivernow.org 757•962- 5 39g We intend to continue this project through 2014 with the understanding that we will be reimbursed at the end of the year for expenses equivalent to the 2013 expenses. We are excited about upcoming oyster restoration projects that will utilize this shell. Shell for oyster restoration work is a rapidly declining commodity. This program provides us with the opportunity to collect shell that can go into restoration work, not in our landfill, as well as educate the public on the value of oyster habitat. In addition, it is an important component of the new Lynnhaven Aquacukure Center opening next year. Thank you for supporting this important program. -79- Item -VIII-K PLANNING 1 a. BARBARA T. GRANT I b. WAYNE BEAGLE 1 c. ERIK HOMES, LLC 2. CAPE HENRY COLLEGIATE SCHOOL 3. OUTDOOR VENTURES - VIRGINA BEACH, LLC 4. CITY OF VIRGINIA BEACH ITEM #63431 NONCONFORMING USE NONCONFORMING IISE NONCONFORMING USE MODIFICATION OF CONDITIONAL IISE PERMIT CHANGE OF ZONING CONDITIONAL USE PERMIT ALLOW ANTIQUE SHOPS AMEND CITY ZONING ORDINANCE AMEND CITY ZONING ORDINANCE January 14, 2014 -80- Itenz -VIII-K PLANNING ITEM #63432 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council APPROVED IN ONE MOTION, BY CONSENT, Items l a/b/c, 2, 3a/b and 4a/b/c/d of the PLANNING AGENDA. Voting.• I1-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay: None Council Members Absent: None January 14, 2014 -81- Item -11III-K.1 a PLANNING ITEM #63433 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of BARBARA T. GRANT for a Nonconformin Use re an enlargement to replace an existing structure at 308 45"` Street DISTRICT 6- BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of BARBARA T. GRANT for a Noncon orming Use re an enlargement to replace an existing structure at 308 45`h Street (GPIN 2418867918) DISTRICT 6- BEACH The following conditions shall be required.• 1. The proposed addition shall be substantially as shown on the submitted elevation and detail drawings, entitled "Grant Residence Renovation and Addition, 308 45`h Street, Virginia Beach, Virginia, " Sheets A3 and A4, prepared by Reich Design Associates, and dated 5113113. Said Plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 2. All required permits for the proposed Yenovation and addition shall be obtained from the Planning DepaYtment / Permit and Inspections Division. 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 Fourteenth day of January, Two Thousand Fourteen January 14, 2014 -82- Item -VIII-K.1 a PLANNING Troting: 11-0 Council Members Tjoting Aye: ITEM #63433(Continued) Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Poting Nay.• None Council Members Absent: None January 14, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE ON PROPERTY LOCATED AT 308 45T" STREET WHEREAS, Barbara Grant (hereinafter the "Applicant") has made application to the City Council for authorization to enlarge a nonconforming use located at 308 45`n Street in the R-7.5 Residential Zoning District by enlarging the single-family dwelling on the parcel; and WHEREAS, there are a single-family dwelling and a garage apartment located on the parcel, which is not currently allowed in the R-7.5 Zoning District, however, the two (2) dwellings were built prior to the adoption of the applicable zoning regulations and are therefore nonconforming; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the eniargement of a nonconforming use is unlawful in the absence of a resolution of the City Council authorizing such action upon a finding that the proposed use, as enlarged, will be equally appropriate or more appropriate to the zoning district than is the existing use; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed use, as enlarged, will be equally appropriate to the district as is the existing nonconforming use under the conditions of approval set forth hereinbelow. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the enlargement of the nonconforming use is hereby authorized, upon the following conditions: 1. The proposed addition shall be substantially as shown on the submitted elevation and detail drawings, entitled "Grant Residence Renovation and Addition, 308 45tn Street, Virginia Beach, Virginia," Sheets A3 and A4, prepared by Reich Design Associates, and dated 5/13/13. Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. 2. All required permits for the proposed renovation and addition shall be obtained from the Planning Department / Permit and Inspections Division. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of January , 2014. APPROVED AS TO CONTENT )4w-a?- Planning D partment CA12847 R-1 December 17, 2013 APPROVED AS TO LEGAL SUFFICIENCY: , ),?. ?City Attorney's Office 2 -83- Itenz -VIII-K.Ib PLANNING ITEM #63434 Upon motiorz by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of WAYNE BEAGLE for a Noncon ormin Use re an enlargement to ADD dormers to the roof at 103 Ash Avenue DISTRICT 5- LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of WAYNE BEAGLE for a Noncon orming Use re an enlargement to ADD dormers to the roof at 103 Ash Avenue (GPIN 1477945123) DISTRICT 5 - LYNNHAVEN The following conditions shall be required: 1. The proposed dormers shall be located as shown on the submitted elevation drawing, prepared by the applicant, Wayne Beagle. Said elevation drawing has been exhibited to the Virginia Beach City Council and is on file in the Planning DepaYtment. 2. All required permits for the proposed renovations and additions shall be obtained from the Planning Department/ Permit and Inspections Division. This Ordinance shall be effective in accordance with Section 107()9 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourteenth day of January, Two Thousand Fourteen January 14, 2014 -84- Itenz -VIII-K.Ib PLANNING Voting: 11-0 Council Members Voting Aye. ITEM #63434(Continued) Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent: None January 14, 2014 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING USE 3 ON PROPERTY LOCATED AT 103 ASH 4 AVENUE 5 6 WHEREAS, Wayne Beagle (hereinafter the "Applicant") has made application to 7 the City Council for authorization to enlarge a nonconforming use located at 103 Ash 8 Avenue in the R-5D Residential Zoning District by enlarging the multi-family dwelling on 9 the parcel; and 10 11 WHEREAS, there is located on the parcel a multi-family dwelling, which is not 12 currently allowed in the R-5D Zoning District, however, the multi-family dwelling was 13 built prior to the adoption of the applicable zoning regulations and is therefore 14 nonconforming; and 15 16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 17 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 18 City Council authorizing such action upon a finding that the proposed use, as enlarged, 19 will be equally appropriate or more appropriate to the zoning district than is the existing 20 use; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby finds that the proposed use, as enlarged, will be 26 equally appropriate to the district as is the existing nonconforming use under the 27 conditions of approval set forth hereinbelow. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA: 31 32 That the enlargement of the nonconforming use is hereby authorized, upon the 33 following conditions: 34 35 1. The proposed dormers shall be located as shown on the submitted elevation 36 drawing, prepared by the applicant, Wayne Beagle. Said elevation drawing has 37 been exhibited to the City of Virginia Beach City Council and is on file in the 38 Planning Department. 39 40 2. All required permits for the proposed renovations and additions shall be obtained 41 from the Planning Department/ Permit and Inspections Division. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14thday Of Januarv , 2014. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: A) (11,,Aa ? ktal. City Attorney's Office CA12857 R-1 December 17, 2013 -85- Item -VIII-K.Ic(1-2) PLANNING ITEM #63435 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of ERIK HOMES, LLC for a Nonconforming Use re reconstruction and enlargement of existing structures DISTRICT 6- BEACH (1) 215 Sls` Street - two new single family dwellings (2) 316 34th Street - three new townhouses fYOnting on 34"' Street BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of ERIK HOMES, LLC for a NonconforminQ Use re reconstruction and enlargement of existing structures DISTRICT 6 - BEACH (1) 215 SIS` Street - two new single family dwellings (GPIN241889002) The following conditions shall be required: a) The site shall be developed substantially in accordance with the submitted conceptual Site Plan entitled "215 Sls" Street Conceptual Site Plan, " dated December 10, 2013, and prepared by Land Planning Solutions. Said Plan has been exhibited to the Virginia Beach Ciry Council and is on file in the Planning Department. b) The proposed dwelling shall be constructed substantially in accordance with the submitted building elevations. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. c) Exterior building materials shall substantially conform to the submitted document entitled, "STANDARDS Sls` Str•eet Villas. " Said building materials primarily consist of masonry, stucco finish, mahogany trim, pervious cobblestone, pervious pavers, operable shutters, cedar fencing and `lifetime-grade' architectural shingles. d) Trees on the site shall be persevered substantially in accordance to the submitted Plan entitled "Tree Preservation Plan, " dated 12-13-2013. Said Plan has been exhibited to the ViYginia Beach City Council and is on file in the Planning Department. e) The minimum width of the driveway shall be twelve (12) feet, as measured at the property line. This OYdinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourteenth day of January, Two Thousand Fourteen January 14, 2014 -86- Item -VIII-K.Ic(1-2) PLANNING ITEM #63435(Continued) (2) 316 34th Street - three new townhouses fronting on 34`h Street (GPIN 2418926994) The following conditions shall be required: a) The site shall be developed substantially in accordance with the submitted conceptual Site Plan titled "CONCEPTUAL SITE PLAN EXHIBIT, " dated August 23, 2013, and prepared by WPL, with the exception that all proposed concrete areas shall be constructed of a permeable paving material. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. b) The proposed structures shall be constructed substantially in accordance with the submitted building elevations. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. c) Landscaping of the site shall be substantially as shown on the submitted conceptual Site Plan entitled "CONCEPTUAL SITE PLAN EXHIBIT, " dated August 23, 2013, and prepared by WPL. All landscaping shall be approved by the City Landscape AYChitect and Development Services Center. d) Exterior materials shall substantially conform to the submitted docunaent entitled, "STANDARDS Old Beach Cottages at 34r" Street, " and shall primarily consist of cedar shake siding, stucco skirt, operable exterior shutters, 40 year architectural shingles and cedar fencing. This Ordinance shall be effective in accordance with Section 107(? of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourteenth day of January, Two Thousand Fourteen January 14, 2014 -87- Itent -VIII-K.Ic(1-2) PLANNING Voting: 11-0 Council Members Voting Aye: ITEM #63435(Continued) Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, JY., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 14, 2014 1 A RESOLUTION AUTHORIZING THE 2 RECONSTRUCTION AND ENLARGEMENT OF A 3 NONCONFORMING USE ON PROPERTY 4 LOCATED AT 215 51ST STREET 5 6 WHEREAS, Erik Homes, LLC (hereinafter the "Applicant") has made application 7 to the City Council for authorization for the reconstruction and enlargement of a 8 nonconforming use located at 215 51t" Street in the R-5R Residential Zoning District by 9 demolishing, reconstructing and enlarging the single-family dwellings on the parcel; and 10 11 WHEREAS, there are located on the parcei two (2) single-family dwellings, 12 which are not allowed in the R-5R District, however, the single-family dwellings were 13 buiit prior to the adoption of the applicable zoning regulations and are therefore 14 nonconforming; and 15 16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 17 reconstruction and enlargement of a nonconforming use is unlawful in the absence of a 18 resolution of the City Council authorizing such action upon a finding that the proposed 19 use, as reconstructed and enfarged, will be equally appropriate or more appropriate to 20 the zoning district than is the existing use; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby finds that the proposed use, as reconstructed and 26 enlarged, will be equally appropriate to the district as is the existing nonconforming use 27 under the conditions of approval set forth hereinbelow. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA: 31 32 That the reconstruction and enlargement of the nonconforming use is hereby 33 authorized, upon the following conditions: 34 35 1. The site shall be developed substantially in accordance with the submitted 36 conceptual site plan entitled "215 51St Street Conceptual Site Plan," dated 37 December 10, 2013, and prepared by Land Planning Solutions. Said plan 38 has been exhibited to the Virginia Beach City Council and is on file in the 39 Planning Department. 40 41 2. The proposed dwelling shall be constructed substantially in accordance 42 with the submitted building elevations. Said elevations have been 43 exhibited to the Virginia Beach City Council and are on file in the Planning 44 Department. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 3. Exterior building materials shall substantially conform to the submitted document entitled, "STANDARDS 51St Street Villas." Said building materials primarily consist of masonry, stucco finish, mahogany trim, pervious cobblestone, pervious pavers, operable shutters, cedar fencing, and `lifetime-grade' architectural shingles. 4. Trees on the site shall be persevered substantially in accordance to the submitted plan entitled "Tree Preservation Plan," dated 12-13-2013. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 5. The minimum width of the driveway shall be 12 feet, as measured at the property line. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of January , 2014. APPROVED AS TO CONTENT: a?4 - Planning epartment APPROVED AS TO LEGAL SUFFICIENCY: a? City Attorney's Office CA12864 R-1 December 18, 2013 2 1 A RESOLUTION AUTHORIZING THE 2 RECONSTRUCTION AND ENLARGEMENT OF A 3 NONCONFORMING USE ON PROPERTY 4 LOCATED AT 316 34T" STREET 5 6 WHEREAS, Erik Homes, LLC (hereinafter the "Applicant") has made application 7 to the City Council for authorization for the enlargement and reconstruction of a 8 nonconforming use located at 316 34t" Street in the A-12 Apartment Zoning District by 9 demolishing, reconstructing and enlarging the multi-family dwelling on the parcel; and 10 11 WHEREAS, there is located on the parcel a multi-family dwelling that includes 12 three (3) units. The maximum density for the parcel would only allow two (2) units, so 13 the current use is not allowed in the A-12 District. However, the multi-family dwelling 14 was built prior to the adoption of the applicable zoning regulations and is therefore 15 nonconforming; and 16 17 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 18 reconstruction and enlargement of a nonconforming use is unlawful in the absence of a 19 resolution of the City Council authorizing such action upon a finding that the proposed 20 use, as reconstructed and enlarged, will be equally appropriate or more appropriate to 21 the zoning district than is the existing use; 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed use, as reconstructed and 27 enlarged, will be equally appropriate to the district as is the existing nonconforming use 28 under the conditions of approval set forth hereinbelow. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 That the reconstruction and enlargement of the nonconforming use is hereby 34 authorized, upon the following conditions: 35 36 1. The site shall be developed substantially in accordance with the submitted 37 conceptual site plan titled "CONCEPTUAL SITE PLAN EXHIBIT," dated 38 August 23, 2013, and prepared by WPL, with the exception that all 39 proposed concrete areas shall be constructed of a permeable paving 40 material. Said plan has been exhibited to the Virginia Beach City Council 41 and is on file in the Planning Department. 42 43 2. The proposed structures shall be constructed substantially in accordance 44 with the submitted building elevations. Said elevations have been 45 exhibited to the Virginia Beach City Council and are on file in the Planning 46 47 48 49 50 51 52 53 54 55 56 57 Department. 3. Landscaping of the site shall be substantially as shown on the submitted conceptual site plan entitled "CONCEPTUAL SITE PLAN EXHIBIT," dated August 23, 2013, and prepared by WPL. All landscaping shall be approved by the City Landscape Architect and Development Services Center. 4. Exterior materials shall substantially conform to the submitted document entitled, "STANDARDS Old Beach Cottages at 34th Street," and shall primarily consist of cedar shake siding, stucco skirt, operable exterior shutters, 40-year architectural shingles, and cedar fencing. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day Of January , 2014. APPROVED AS TO CONTENT PlanningVepartment CA12847 R-1 December 18, 2013 APPROVED AS TO LEGAL SUFFICIENCY: I t A Afq A $-U- i City Attorney's Office 2 -88- Item -VIII-K.2 PLANNING ITEM #63436 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Ordinance upon Application of CAPE HENRY COLLEGIATE SCHOOL for a Modi ication of a Conditional Use Permit (approved May 23, 2000, and modified on December 14, 2012) to allow an increase in the height of the lighting for Field No. 1 at 1320 Mill Dam Road DISTRICT S- LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CAPE HENRY COLLEGIATE SCHOOL for a Modif cation of a Conditional Use Permit (approved May 23, 2000, and modified on December 14, 2012) to allow an increase in the height of the lighting for Field No. 1 at 1320 Mill Dam Road(GPIN2408584284) DISTRICT S - LYNNHAVEN The following condition shall be required: All conditions, with the exception of Number 1, attached to the Conditional Use Permit granted by the City Council on May 23, 2000, and as modified July 10, 2001, and December 4, 2012, shall remain in effect. 2. Condition Number 1 of the May 23, 2000, Conditional Use Permit is deleted and replaced with the following.• a. Existing Field No.l, as identified on the submitted "AMENDED MASTER PLAN CAPE HENRY COLLEGIATE SCHOOL ", dated October 29, 2013, and prepared by Tymoff+Moss Architects, may be lit for evening athletic events. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. b. There shall be no more than four (4) light poles as depicted on the Plan. The poles shall not exceed seventy (70) feet in height. If determined by the Zoning Administrator to be necessary, the lights mounted on all the poles on the Eastern side of the field shall be shielded so as not to allow glare to spill over to the residential homes located along the Eastern property line. c. A new Lighting Plan and/or Photo,metric Diagl^am Plan shall be submitted to the Planning Department for review prior to installation of any lighting for the fields. Said Plan shall include the location of all pole mounted and the listing of lamp type, wattage and type of fixture. Lighting shall overlap and be uniform throughout the field area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. d. There shall be no amplified speaker system for the field. e. Athletic events shall start no later than 7:30 P.M. The lights shall be turned off no later than thirty (30) minutes after the completion of the event. The lights shall not be used on Sundays. January 14, 2014 -89- Item -VIII-K.2 PLANNING ITEM #63436(Continued) f. The applicant may install the seven (7) foot high wall and sixteen (16) foot high entry elements, as well as bleachers, on the Western side of Existing Field No. 1. The additions shall substantially adhere to the submitted rendering prepared by Tymoff+Moss Architects. Said rendering 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 10769 of the Zoning Ordinance. Adopted by the City Council of the City of ViYginia Beach, Virginia, on the Fourteenth day of January, Two Thousand Fourteen Voting: 11-0 Council Members Yoting Aye. Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, .Iohn D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 14, 2014 -90- Item -11III-K.3a/b PLANNING Upon motion by Vice Mayor /AMENDED, BY CONSENT: DISTRICT 6 - BEACH ITEM #63437 Jones, seconded by Councilman Dyer, Ciry Council APPROVED Applications of OUTDOOR VENTURES - VIRGINIA BEACH, LLC, a. ChanQe o Zoning from Conditional I-1 Industrial to P-1 Preservation at South Birdneck and Bells Road b. Conditional Use Permit re outdoor recreational and amusement facilities at 717 and 801 General Booth Boulevard BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA a. Change of Zoning from Conditional I-1 Industrial to P-1 Preservation at South Birdneck and Bells Road b. Conditional Use Permit re outdoor recreational and amusementfacilities at 717 and 801 General Booth Boulevard The following conditions shall be required: 1. Development of the subject site shall substantially conform to the submitted conceptual Site Plan titled, "The Adventure Park at the Virginia Aquarium, " dated October 1, 2013. 2. The applicant shall submit all necessary plans and obtain all necessary permits and inspections from the Planning Department / Permit and Inspections Division, Health Department and Fire Department. 3. Approval for the use of any and all shared ser-vices or amenities, including but not limited to parking, restrooms and/or vehicular access, from facilities located on adjacent parcels shall be demonstrated by written Agreements. Said written Agreements shall be signed by the adjacent property owner(s) and the applicant and shall be submitted to the Zoning Administrator prior to operation. 4. Any portable bathroom facilities shall be screened by a rigid wooden structure or landscaping. Said portable bathrooms shall not be visible from the public right-of-way. 5. Hours of operation shall be no earlier than 7.•00 A.M. and no later than 12:00 MidniQht . The applicant shall coordinate operation with the existinjz uses at the MaYSh Pavilion and Aquarium to the extent possible. 6 There shall be a minimum of one (1) individual who is First Aid and CPR certified at the site during all activities. January 14, 2014 -91- Itenz -VIII-K.3a/b PLANNING ITEM #63437(Continued) This Ordinance shall be effective in accordance with Section 107()of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourteenth day of January, Two Thousand Fourteen Voting: 11-0 Council Members VotingAye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Meinbers Absent: None January 14, 2014 -92- Item -VIII-K.4a/b1c/d PLANNING ITEM #63438 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED, BY CONSENT: Applications of the CITY OF VIRGINIA BEACH to: a. ALLOW Antique Shops within buildings listed on the Virginia Beach Historical Register as a Conditional Use in the AG-I and AG-2 Agricultural Districts b. AMEND Section 111 (`Definitions ) of the City Zoning Ordinance (CZO) re dwellings c. AMEND Section 201 of the City Zoning Ordinance (CZO) re yards to allow existing structures located in a required yard to be raised for flood protection d. AMEND the Comprehensive Plan Ye the Urban Forest Management Plan providing for policy guidance, goals and objectives to protect and enhance the Urban Forest and REVISING the Policy Document Tjoting: 11-0 Council Members Voting Aye: Robert M. Dyer, BaYbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay: None Council Members Absent: None January 14, 2014 1 AN ORDINANCE TO ALLOW ANTIQUE SHOPS 2 WITHIN BUILDINGS LISTED ON THE VIRGINIA 3 BEACH HISTORICAL REGISTER AS A 4 CONDITIONAL USE IN THE AG-1 AND AG-2 5 AGRICULTURAL DISTRICTS 6 7 Section Amended: City Zoning Ordinance Section 8 401 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIGINIA BEACH, 14 VIRGINIA, VIRGINIA: 15 16 That Section 401 of the City Code is hereby amended and reordained to read as 17 follows 18 19 20 ARTICLE 4. AGRICULTURAL DISTRICTS 21 22 .... 23 24 Sec. 401. Use regulations. 25 26 (a) Principal and conditional uses. The following chart lists those uses 27 permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in 28 the respective agricultural districts shall be permitted as either principal uses indicated 29 by a"P" or as conditional uses indicated by a"C." Uses and structures indicated by an 30 "X" shall be prohibited in the respective districts. No uses or structures other than as 31 specified shall be permitted. 32 33 Use AG-1 AG-2 34 35 .... 36 37 Antique shops, except as provided 38 below X X 39 40 Antique shops within buildinqs listed 41 on the Virqinia Beach Historical Register C C 42 43 .... 44 45 46 47 48 COMMENT 49 50 The amendments allow antique shops within buildings listed on the Virginia Beach 51 Historical Register as a conditional use in the AG-1 and AG-2 Agricultural Districts. Section 111 of 52 the City Zoning Ordinance defines the use as follows: 53 54 Antique shop. A retail store, not exceeding three thousand (3,000) square feet, where manmade 55 articles at least one hundred (100) years old are offered for sale and cover at least fifty (50) percent 56 of the display floor area. Adopted by the City Council of the City of Virginia Beach on the 14thday of January , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENC : ? ; . • . Plannin Department City Attorney's Office CA-12830 R-1 October 28, 2013 2 1 REQUESTED BY COUNCILMEMBER ROBERT M. DYER 2 3 AN ORDINANCE TO AMEND SECTION 111 4 (DEFINITIONS) OF THE CITY ZONING 5 ORDINANCE PERTAINING TO THE 6 DEFINITION OF "DWELLING UNIT" 7 8 Section Amended: City Zoning Ordinance § 111 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 111 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 111. Definitions. 20 21 For the purpose of this ordinance, words used in the present tense shall include the 22 future; words used in the singular number include the plural and the plural the singular; 23 the use of any gender shall be applicable to all genders; the word "shall" is mandatory; 24 the word "may" is permissive; the word "land" includes only the area described as being 25 above mean sea level; and the word "person" includes an individual, a partnership, 26 association, or corporation. 27 28 In addition, the following terms shall be defined as herein indicated; provided that in 29 the event a term defined in this section is defined differently in the regulations of any 30 form-based district, the latter definition shall control if the property to which the definition 31 applies is located in the form-based district: 32 33 .... 34 35 Dwelling unit. A"dwelling unit" is a room or rooms connected together, 36 constituting an independent housekeeping unit for a family; and ^^^tai^i^^ °°i^^'° 37 kotGheR includinq permanent provisions for livinq, sleepinq, eatinq, cookinq and 38 sanitation. 39 40 .... 41 42 43 COMMENT 44 45 The present definition of a"dwelling unit" does not allow a single-family dwelling to have 46 two kitchens. This amendment will allow two kitchens if the dwelling is still being used as a single- 47 family unit. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of January , 2014. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney s O ice CA12823 R-4 January 8, 2014 2 APPROVED AS TO CONTENT: 1 AN ORDINANCE TO AMEND SECTION 201 2 OF THE CITY ZONING ORDINANCE 3 (YARDS) TO ALLOW EXISTING 4 STRUCTURES LOCATED IN A REQUIRED 5 YARD TO BE RAISED FOR FLOOD 6 PROTECTION IN A SPECIAL FLOOD 7 HAZARD AREA 8 9 Section Amended: City Zoning Ordinance § 201 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Section 201 of the City Zoning Ordinance is hereby amended and 18 reordained to read as follows: 19 Sec. 201. Yards. 20 (a) General. All required yards shall be unobstructed by any structure or other 21 improvement which exceeds sixteen (16) inches in height as measured from ground 22 elevation; provided, however, the following improvements may be located in a yard: 23 .... 24 (10) Existinq nonconforminq residential structures located in a Special 25 Flood Hazard Area as defined in Section 1.3 of the Floodplain 26 Ordinance which are raised for flood protection, may extend into 27 required yards provided that the structure remains within the same 28 footprint as the oriqinal structure. 29 30 COMMENT 31 This amendment allows nonconforming residential structures which are legally located in 32 side, rear or front yard setbacks to be raised for flood protection, as long as it is in the same 33 footprint, and is located in a Special Flood Hazard Area, without requiring a BZA variance. This 34 should make the raising of such structures easier for the homeowner. 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day Of January , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /f !,• >?? j?' A ??w4L__-w Plannin Department City Attorney s Office CA12842/R-1/November 18, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN BY ADOPTING THE URBAN FOREST MANAGEMENT PLAN PROVIDING FOR POLICY GUIDANCE, GOALS AND OBJECTIVES TO PROTECT AND ENHANCE THE URBAN FOREST AND REVISING THE POLICY DOCUMENT WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; WHEREAS, the Urban Forest Management Plan has been developed with extensive input from the community and all stakeholders; WHEREAS, there are several revisions that are necessary to bring the adopted Comprehensive Plan into conformity with the Urban Forest Management Plan; and WHEREAS, the Urban Forest Management Plan, and the attached revisions to the Policy Document should be adopted as part of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, amended and reordained by: 1. The adoption of the Urban Forest Management Plan. Such document is made a part hereof, having been exhibited to the City Council and is on file in the Department of Planning; and 2 The revision of the Policy Document, pertaining to the Urban Forest Management Plan as shown on the attached document entitled "Revisions to 2009 Comprehensive Plan Policy Document, Chapter 7: Environmental Stewardship, City of Virginia Beach Urban Forest Management Plan." Such document is made a part hereof, having been exhibited to the City Council and is on file in the Department of Planning. COMMENT The ordinance amends the Comprehensive Plan by the adoption of the Urban Forest Management Plan and the revisions to the Comprehensive Plan pertaining to urban forests to reflect the adoption and relevant provisions of the Urban Forest Management Plan. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on this 14th 44 day of January , 2014. APPROVED AS TO LEGAL SUFFICIENCY: ?.. ity A torney's Office CA12838 R-2 January 8, 2014 2 DRAFT Revisions to 2009 Comprehensive Plan Policy Document Chapter 7: Environmental Stewardship City of Virginia Beach Urban Forest Management Plan (Pages 7-8 and 7-9, Policy Document: Text to be deleted is shown as strikethrough. Text to be added is shown as underlined) URBANFORESTRY , Virqinia Beach's urban forest touches the lives of its citizens everv dav. It consists of all trees in the City on both public and private lands. The City's trees are cherished bv residents for promotinq stronq neiqhborhoods and a qood aualitv of life The urban forest provides numerous benefits to the City and its residents includinq cleaner air and water, cooler temperatures, and enerqv savinqs. With proper manaqement these benefits increase everv vear as trees continue to qrow and thrive. Virqinia Beach's urban forest is a vital component of the CitV's infrastructure. The City's Urban Forest Manaqement Plan, available in the online document librarv at www.vbqov.com/Planning, policv quidance, qoals and obiectives for urban forest manaqement in Virqinia Beach. The plan delivers a vision of a stronq urban forest that thrives throuqh mutually beneficial partnerships and effective resource commitment. The plan's basis is that our urban forest fosters economic vitalitv sustainable development, stronq neiqhborhoods, clean air and water, and maintains the Citv's physical beauty. Its overarchinq mission is to enhance the Virqinia Beach urban forest throuqh education community involvement, proactive manactement, and responsible stewardship. RECOMMENDATIONS The Plan is structured around a sustainable arboriculture model that includes assessinq and understandinq the veqetative resource proactively managinq it, and partnerinq with residents, business owners developers and non-profit orqanizations to protect and enhance the City's urban forest. The Urban Forest Manaaement Plan is a livinQ, workinq document, to which a comprehensive review and update is recommended everv five years. Plan Obiectives: ? . ? Drn 'rlo 'nnon#' o #n d-evelopers fnr innro'+cinn nlontinrr nn rlovolnnohlo IMnrl .. p...... .. ? ? Enhance policies that guide development requirements for landscape practices on proposed projects. ? . ? Protect, maintain and increase the number of existing healthy trees found in the City. ? , ? Promote cvclical neiqhborhood tree care and maintenance ? Focus on tree plantinqs and preservation on public qroperties ? Inteqrated Pest Manaqement proqram to improve tree health ? Educate citizens in research-based urban forestrv practices ? Increase citywide urban tree canopv cover to 45% over 20 vears -93- ITEM VIII-L APPOINTMENTS ITEM #63439 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: CHESPAEKE BA Y PRESER VA TION AREA BOARD HISTORIC PRESER VATION COMMISSION PERSONNEL BOARD PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SO UTHEASTERN PUBLIC SERVICE A UTHORITY VIRGINIA BEACH COMMUNITY DE VEL OPMENT CORPORATION (VBCDC) January 14, 2014 -94- ITEM VIII-L APPOINTMENTS ITEM #63440 Upon NOMINATION by Vice Mayor Jones, Ciry Council APPOINTED: E. ROSS BROCKWELL - Rose Hall District DAVID WEIMER - Kempsville District Four Year TeYm 0110112014 -12/31/2017 PLANNING COMMISSION Voting: 11-0 Council Members iloting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 14, 2014 -95- Iteni -VIII-O ADJOURNMENT ITEM #63441 Mayor William D. Sessoms, Jr., DECLARED the City Council MeetingADJOURNED at 6:20 P.M. Cmc-- Amanda Finley-Barnes, CMC Chief Deputy City Clerk R th Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor January 14, 2014 -96- PUBLIC DIALOGUE Chf-istine Ross, 749 YVhistling Swan Drive, Phone.• 905-0265, requested the Ciry close the Abortion Clinics within the Ciry by rezoning the properties, buying the buildings where they operate and/or declaring the clinics as "dangerous nuisances ". Natalie Lebo, 769 Pine Lake Drive, Phone: 495-6664, advised she has two children in VBCPS and she is currently a Teacher of the Year Nominee. Mrs. Lebo expressed her gratitude and love for VBCPS as they are 2"d to none. However, it is becoming increasingly more difficult to live in the City as costs continue to rise. Should the proposed 2015 Healthcare costs be approved it will prove catastrophic to most and will drive Teachers from the profession, not by choice but necessity. BarbaYa Powell, 1089 Sandy Narrows Court, Phone: 478-7929, stated she is a Special Education Assistant at Hermitage Elementary and this is her 21S` Year with VBCPS. Ms. Powell requested City Council reject the proposed 2015 Health Care Plan. Kyle Bosiljevac, 5909 Hattie Street, Phone: 615-1870, advised he is a Firefighter/Paramedic with the City. Mr. Bosilijevac stated compression has been an issue since he was hired in 2006 Seven (7) out of the nineteen (19) in his graduating class have left the City to work elsewhere. The pay scale is broken and compression only gets worse every day. He requested City Council address and fix the problem now so the City doesn't continue loosing qualiry employees to neighboring cities. William Bailey, 211 24`h Street, Phone: 288-5761, President of the Virginia Beach Firefighters, stated, according to the Comparative Indicators Briefing, the City is top of scale at most everything. One Cent of the real estate tax is worth $4. 7-MILLION and that could go a long way in addressing the compression issue. Mr. Bailey supports economic development but believes in investing in the employees. Trenace Riggs, 3608 Brannon Drive, Phone: 403-3573, President of the Virginia Beach Education Association. Over 2,000 members are concerned about the proposed changes to the Health Care and Retirement benefits. While everyone understands the necessity of balancing the budget she does not feel it should be done at the expense of the employees. Should City Council consider changing the yeaYS of service for Retirement from 25 to 30, it will cause resentment and a total lack of trust by employees in the City's leaders. While everyone understands changes must be made, these changes should be done in incYements. Jack Crandell, 810 Mowbry Court, Phone: 434-5I00, is a 26 year veteran of the Fire Department and thankful to work for such a fine organization. Three (3) years ago he was promoted to Battalion Chief• however, only five (S) out of 97 Chiefs sought the promotion. Two (2) subordinates make significantly more than him and there in a fundamental problem in that alone. William Raftery, 816 Priscilla Lane, Phone: 754-9249, advised he has been a Firefighter for the past 7 years and his wife a Teacher in VBCPS for past 18 years. Compression has been a problem for the last 10 year and when a new hire makes the same as someone with S years' experience that is a fundamental problem. Mr. Raftery suggested a Step Pay Plan be implemented so compression should never be a problem again. The incYease in Health Care premiums and the lack of raises are putting a real strain on employees. If the City has money for the Cavalier, Light Rail and the Arena, then why is there not money to address the Compression issue and invest in the employees. Carl Wright, 1144 Mondrian Loop, Phone: 235-5596, stated the City's current election system is unfair and wrong as it fails to fairly represent all citizens. Mr. WYight requested the Mayor and Members of City Council talk to citizens and give them an opportunity to provide their thoughts on the current system. Mr. Wright stated every citizen deserves fair representation. January 14, 2014 -97- Daniel Schf-einer, 3917 Flagship Way, Phone: 412-8637, is currently a Chief with VBFD. The profession he chose and loves has very negative consequences as it is very physically demanding. Mr. Schreiner stated he would be 59 years old before he could consider retirement should the City change the years of service to 30 years. Employees care and love the Ciry. He requested City Council not forcibly extend the career timeline. Thomas Corcoran, 316 Hunters Chase Drive, Phone: 438-8665, is a City employee, expressed concern over the Health Care costs claim growing by 8%. The City is self-insured and pays Optima to manage the Plan. Optima is SentaYa and the City has given Sentara total control over a $130-MILLIONfund. Healthcare billing is based on billing standards and Optima is paying Sentara considerably more than other providers. Sentara is grossly inconsistent. Mr. Corcoran requested Ciry Council to reign in Sentara's spending The Public Dialogue re Non Agenda Items concluded at 6:57 P.M. January 14, 2014