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FEBRUARY 11, 2014 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MA YOR WLLL/AM D. SESSOMS, JR., At Lnrge V/CE MAYOR LOU/S R. JONES, Bavside - Disb-ict 4 ROBERT M. DYER, Centerville - Dish-ict 1 BARBARA M. HENLEY, Po•iricess Airne - Distr•ict 7 SHANNON DS KANE, Rose Hnll - Dish-ict 3 BRAD MARTIN, P.E., A! Lm ge JOHN D.MOSS. At l,arge AMELIA ROSS-NAMMOND, Kempsvrlle - District 1 JOHN E. UHR/N, Bench - Dish'ict 6 ROSEMARY WILSON, At Lnrge JAMES L. WOOD, Lvnnliaven -District 5 CITY COUNCIL APPOINTEES CI77' MANAGER - JAMES K. SPORE CITYATTORNEY- MARKD. STILES C/TYASSESSOR - JERALD D. BANAGAN C/TYAUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGE'S FRASER, MMC CITY COUNCIL AGENDA 11 February 2014 CITYHALL BUlLDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Crycncl@vbgov.com 1. CITY MANAGER'S BRIEFINGS - Conference Room - 4:00 PM A. VIRGINIA BEACH CRIME STATISTICS Chief James Cervera, Police Deparhnent B. LESNER BRIDGE BID and FUNDING ANALYSIS Dave Hansen, Deputy City Manager II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF THE CITY COUNCIL 5:30 PM C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Les Smith Senior Pastor Victory Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES l. INFORMAL and FORMAL SESSIONS JANUARY 14, 2014 2. 1NFORMAL and FORMAL SESSIONS JANUARY 28, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. VIRGINIA BEACH RED RAIDERS FOOTBALL TEAM Amateur Athletic Union (AAU) National Championship - Runner-up Dwayne Lowry, Coach 1. BID OPENING 1. LEASE OF CITY-OWNED PROPERTY Princess Anne Commons "Baseball Park" J. PUBLIC HEARINGS 1. LEASE OF CITY-OWNED PROPERTY a. Princess Anne Commons "Baseball Park" b. 3315 Atlantic Avenue - Cafe Franchises 2. EXCESS CITY-OWNED PROPERTY a. 108 Bob Lane b. Dam Neck and Landstown Roads - YMCA K. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. §§2-345 and 2-346 re Public Records Management b. §23-51 re requirements for Tattoo Artists 2. Ordinance to DECLARE property in EXCESS of the City's needs and AUTHORIZE: a. Dedication at Dam Neck and Landstown Roads to YMCA of South Hampton Roads DISTRICT 7 - PRINCESS ANNE b. Sale at 108 Bob Lane to Grover J. Davis DISTRICT 6 - BEACH 3. Ordinance to AMEND §4 of the Agricultural Lands Preservation (ARP) Ordinance re the definition of "Agricultural Use" 4. Ordinance to ENDORSE the Cavalier Association Project and AUTHORIZE the State Tourism Gap Financing program 5. Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE: a. A Lease at Princess Anne and Landstown Roads to Virginia Beach Professional Baseball (VBPB) re a baseball complex within Princess Anne Commons b. A Memorandum of Agreement between Hampton Roads Sanitation District (HRSD) and its member localities re the Regional Wet Weather Management Plan c. A Deed of Release and Exchange re an Agricultural Lands Preservation (ARP) easement for the Ralph Lee Frost family at Land of Promise and Blackwater Roads DISTRICT 7 - PRINCESS ANNE d. A Utility Service Agreement with the City of Chesapeake re the provision of sewer and water services to Charlestown Shores 6. CAPE HENRY LIGHTHOUSE Phase II restoration project: a. Resolution to AUTHORIZE and EXECUTE Agreements re: Administration b. Ordinance to ACCEPT and APPROPRIATE $200,000 7. Ordinance to GRANT Franchise Agreements to Gold Key/PHR Food Services, LLC re Open Air Cafes at 3315 Atlantic Avenue 8. Resolutions re the Virginia Department of Transportation (VDOT) Urban Maintenance payrnents: a. ACCEPT additional streets 9. Ordinance to CONFIRM a Declaration of Local Emergency re the snow storm from January 28-31, 2014 10. Resolution to COMMEND City Clerk Ruth H. Fraser and her Staff for their extraordinary public service to the citizens of Virginia Beach re the Council Member Appointment Process 11. Ordinances to ACCEPT and APPROPRIATE: a. $50,000 from the Virginia Department of Emergency Management to the Office of Emergency Management b. $200,000 Virginia Governor's Opportunity Fund Award to the Development Authority c. $473,150 from the Virginia Department of Transportation (VDOT) re urban maintenance and resurfacing L. PLANNING 1. Application of MARK E. THOMASSY and 106 62ND STREET for a Chan en a Nonconforming Use re addition of an elevator at 106 62°d Street DISTRICT 5 - LYNNHAVEN. RECOMMENDATION: APPROVAL 2. Application of HALL AUTOMOTIVE, LLC AUTO PROPERTIES - HALL NISSAN, HALL COLLISION and VIRGINIA E. CORNICK TRUST for Modification of a Conditional Use Permit re ADDING a vehicle painting booth, changes to fencing, storage lot surface treatment and bulk storage for towed vehicles at 3757 and 3769 Bonney Road DISTRICT 5 - LYNNHAVEN. RECOMMENDATION: APPROVAL 3. Application of LOTSALISA, LLC for Modification of a Conditional Use Permit, re development of a Wawa Convenience Store with fuel pumps, car wash and convenience store at 1600 General Booth Boulevard DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 4. Applications for Special Exceptions for Alternative Compliance to the Oceanfront Resort Form-Based Code: DISTRICT 6 - BEACH a. CATCH A WAVE, LLC re a commercial parking lot at 2206-2210 Pacific Avenue b. LINJON PACIFIC, LLC re a mixed use building at 2607 Pacific Avenue RECOMMENDATION: APPROVAL 5. Applications of MG HOMES, LLC and TRUSTEES OF TIDEWATER UNITED CHURCH OF CHRIST re property at West Neck and North Landing Roads: DISTRICT 7 - PRINCESS ANNE a. Conditional Chanae of Zonin? from 0-2 Agricultural to Conditional R-SS Residential b. Modification of a Conditional Use Permit re sale of property to MG Homes, LLC for residential development RECOMMENDATION: APPROVAL 6. Applications of CHRISTIE ROTHER, JENNIFER FEDOROWICZ and TROY SCOGGIN at 2310 Princess Anne Road DISTRICT 7 - PRINCESS ANNE a. Conditional Change of Zoning from Conditional 0-1 Office to Conditional B-1 Neighborhood Business b. Conditional Use Permit re a retail "specialty shop" RECOMMENDATION: APPROVAL 7. Application of CITY OF VIRGINIA BEACH to AMEND § 401 of the City Zoning Ordinance (CZO) re Farm Stands in Agricultural Districts. RECOMMENDATION: M. APPOINTMENTS APPROVAL CHESAPEAKE BAY PRESERVATION AREA BOARD GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/ITA TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) 2040 VISION TO ACTION COMMUNITY COALITION COMMISSION WORKFORCE HOUSING ADVISORY COMMITTEE N. UNFINISHED BUSINESS 0. NEW BUSINESS P. 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 2014 CITYHOLIDAYS i'ileitiorical Drky -1Vlaandccy, .41ay, 26 Irzdependenee Mg - Fridccv,.Julv 4 L,abor I3ay - :'?,1ondcrx', September~ I Vetet•crns Drky - 1'aaesdcrv> Noverrcber 11 7'hcrnk.sgivprxg Day crrgd Day arf'ter• Thanksgivin- - Thicrsrlay, Nnveraaber 2 7 aiad Fr•iday, A'ovember• 28 C7rrisftncrs Eve (Iradf=day) - IVetlrte4clay, Dc.Jc=eirrber 24 Christmas Dfg - Tlaursday01)ecetlaber 25 -1- d --? "- -.,e ?? . ??v a•?- m z ?jr?F OlR liAY?? VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 11, 2014 Vice Mayor Louis R. Jones, called to order the City Council's Informal Session, in the City Council Conference Room, Tuesday, February 11, 2014, at 4: 00 P.M. Council Members Present: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. February 11, 2014 -2- CITY MANA GER'S BRIEFINGS VIRGINIA BEACH CRIME STATISTICS ITEM #63445 2:30 P.M. Vice Mayor Louis R. Jones, intYOduced and welcomed James Cervera, Chief - Police Department. Chief Cervera expressed his appreciation to City Council for their continued support of public safety. This presentation will provide the 2013 Crime Statistics for the City. Virginia Beach Police Department CompStat Report 2013 "In some jobs, success is measured by what doesn't happen:" - Edward A. Flynn Chief Cervera advised the last time the City had crime statistics this low was back in 1964. February 11, 2014 -3- CITY MANA GER'S BRIEFINGS VIRGINIA BEACH CRIME STATISTICS ITEM #63445(Continued) Chief Cervera advised the City's Part I Crime Rates continue to decline each year. Part I Crimes include honiicide, rape, robbery, aggravated assault, burglary, larceny, motor vehicle theft and arson. Part I Crime Rate per 1,000 Population -1960 to 2013 >o.o r W.o 'a so.o g ??• ?-.. ?,: 0 00. 30.0 E0.0 --.. :? . .. _ _. . e?• 10,0 VBPD: Average Sworn and Total Part 1 Crime Rate February 11, 2014 -4- CITY MANfl GER'S BRIEFINGS VIRGINIA BEACH CRIME STATISTICS ITEM #63445(Continued) The City's Clearance Rate continues to increase which means the officers are arresting the right people for the crime committed. The preliminary 2013 clearance rate for the City is 31.6%: VBPD: Average Sworn and Part 1 Crime Clearance Rate 70 _ . ..?-»,.?.a? ff c ? 50 . ...... .. .... .. ... .. ??... . ...... ........_ -AveraBeSwomiDividN _ ' by 10? ? 00 .... ......... > a 30 . . ..... --- TOtalVan]C?ime Uearance Nah (%) .e. Q ...... . ............ .......... e e 1& 8 8 ,{,4 e IP 1& 8 8 1& 1? ti° 411 ti The preliminary Violent Crime Clearance Rate for 2013 is 74.901o. The City has geneYally outpaced the national average for Partl Violent Crimes Cleared: V.B. Part 1 Violent Crime Clearance Rate vs. U.S. Part 1 Violent Crime Clearance Rate eo.o ,oo ? wo soo " ..... .• -y, 300 , F' -V9.PanlVioknt •s •• -? rtlVOknt - U 5 Pa """" ---- --- G"meOearan[es1%1 0.0 ......... _.__. ____. r,.c i v?deoco?me: ?Mwa«??mm.i nommme, io?<?nie„p.,,onne,r, a?a,as.a•=?ee.?m?. February 11, 2014 -5- CITYMANAGER'S BRIEFINGS VIRGINIA BEACH CRIME STATISTICS ITEM #63445(Continued) The preliminarv VBPD Property Crime Clearance Rate for 2013 was 28.7%. The City has generally outpaced the national average for Properry Crimes Cleared.• V.B. Property Crime Clearance Rate vs. U.S. Property Crime Clearance Rate o.o _ Thi.s 2013 data is considered preliminary and only includes those 2013 incidents entered into our records mariagement system as of January 14, 2014. *As peY Offense Clerks, all 2013 violent crime, burglaries, and motor vehicle thefts had been entered and were up-to-date as ofJanuary 13, 2014. 4irginia Beach. Pdice Pepartmml PART I CRI1l1B 5T:iTISTICS - 2013 (PRL'I.IIIIINARY) Humiudx :1 17 :90`tb LO ,14 9.`.2'./« 2?.+1 hay< 15S I$p 26%; 17; IZU - 72 ?e e ?>.Y°Jo ka6b+sy 3?tl 30r. .44% 16? 140 ii3°o 523°.e anerd assau?r sa'v taa -za a ". ?t? 235 '7s a a x9 Y(nlmt: 8?5 ' 34b _'?1.?Yi .-i60 ":iSD 56314 - =?4AfL GmpJ ? ?.?33 t.3S' ..? :4S 38i 330% 274-1a Lazcwy 9.6 3I 9,t, 3 6 6 ? 7 :.64 Z9G"/< 2•?3% A7oWrVeh?cia'I7iafl 461 425 .75% 5f SP lZ6% I8.8% ?u'sen 11? lOt 3",S dQ 33-61 34 31!o IL'a49 .::1b951 =73K .. }AAd 3.:111 29.d?G - .36.?4ti r«m - ia.aaa u.am -??n ausa s,m ss.i+% ?o?x.;c. UCF. Pst 1 C'rirt?e F.=_??o:xc ?[a3Rf3,ihe FESi ea:pa?idedthe dGfinitian ofra}?eeo ?ncuda IIA I18,vad 17?: 20i2rape caioatauan< wrre up8asa ueir?g rhe r.ex, ras.thcdology E,r ocmoasioo pu?gce.es February 11, 2014 -6- CITY MANA GER'S BRIEFINGS VIRGINIA BEACH CRIME STATISTICS ITEM #63445(Continued) In 1991, the City opened the 4`h Precinct and since that date the number• for Part I Crimes violent and properry have been greatly reduced. Since 1991, the number of Sworn Officers has increased by 160.• vrginia Beach Po(ice Department Part I CrimezComparison 1991 va 2013 (PRELIMINARY) --lnomltltle 27 17 •37.07 PnranlcaaAe' 177 1$s [S.r. Robbery SiP 3oc. -atl.<% Ag,graval?etlA,.sault 471 264 Totaf Wo1Ert C11me SDo^J 746 -37.4°rt. A110LEMTLNIMFRdiEPER3,DA00?UUTlbN 247 .' 1,7 : $7s6?6 8-,13ry 9.162 1.19e ?Ez7°.a :di'Ceny 1f,.`3"16 9,036 46.3°A Wptai'tr2i'n?eTheR 1.3iS 415 .&'+.9`*?` t'wn ?73 1L?3 -512 Tata!PrupeRyCrime 72,530 iQ951 -5IA`6 $ROPERIYCWMEPk7EPER 1,000 5162 ;- 4i 35B°.6 TntalDartI6imes' 23b17 11,G97 -50.5°.:, T6TAlVARTICRiME.i2ATE0ER1?D00;POFUtaTiWV: 5E9 = 265 3fi,e% 1-11ce: u<:k Part i ?;..nrnes RePori '4 ?a13,theF0le.Ypandetl:tiedetinIhnn0 rapetovi:iude11A,118,asid11£.DataiorFlB and 1tC nffensPaw.erer'iaf ava?Iablefnr tKl. VirginiaBeach Police Department Patt I Crimes • Violent 2()SZ013 (PRELIMINARY) Criminalltorninae la. 1$ 114 15 71 17 f r,lYeRape, L58 ItTi ixn 155 159 TR» RobherY 4.2 424 d:X 32)? W6 -30.5% Ng-MttlA4- 371 376 i 292 3G9? 269 -:8 .8"b Tota?lhairiKt;ii?nE 92`3 9PA' €59 2d51 746 -34ff6 NOtF117CAIMEAA7E PER]AB,PqPUUUION . 23 3.0 39 '. 19 . '36.1?6 Sda2E UCR V'nR 1 i;ri:nL kepM[. FO( iIlbti0i1 R3tiRit3 {N W idFA by V1p1[kki Gtloper C.tEr. GP33 (Xqh+IdK?An EttlmbfC¢ nereno[ a?ad'ab' E u'ime i3te5 are tx?'ettl off 01 X?I: (w{x+lutswi s:stnnrit?. 'valoes fcrsvcarpg:m; cf?ngerefifatlreperca:tsfiangei?.hveer? ?tanC m1z ?t3rnk;cs. ?tn2Ji3,theFBieep-dedthedefini4cridrWetomduck13A,11E,a?iH11G 2712rapec:Iwtauonza•ere upJdect unng:he nae metho?c?,y f? SornWersior+ ?:rymez February 11, 2014 -7- CITY MANA GER'S BRIEFINGS VIRGINIA BEACH CRIME STATISTICS ITEM #63445(Continued) Uirginia Beach Police Department Part I Gimes- Propmty 20032013 (PREtIMIPIARY) 2068 2,Cq1 7.5 1,339 -30.14d tx'cee?v 10.uLg 10Au2 9.E14 9.r?1 9?36 ?15.3'd Ma.orVA»elefiAt SEWi 613 483 461 43 , ?4.ffZ I133j 132 733 ?L 102 -6E°L T?aIG?n ert Cnn?e Is,37Et 13275 12,211 11,7 IP%i 17Pa PROPBttt(R1AffF0.S P8lf.WlYORUTATNiN 80.5 __30 24. ?79.7l6 S.rce: UCftPbtlulme;N?wt.Pqx;l?.n'istki9iccporiclec:6y-bVe7ddiCocyxati[wk?_:1i13popalatianef.imatei WftEhM3!&ii9?¢.i-pEYdtESME'nw,,d dfIX2ld?pL`pI&,flnHtllYifl[21. ?VaniM fCXS-vfar p4fccnK th&?4„E:f(?fl2it [kif {YSCP?I W dYJ4 flFIV1PRn :LJ.?`9 dnd :G13 n??XAW?. Thi,s number of juveniles arrested continue to decline as well and is a large part to the Truancy program that began back in 1991. 2013 Totals of Adults and Jweniles Arrested (PRELMINARY) . ai Na?n,nde: ? Murdaanv'NOn-Yegen:Mansla.ighkn 27 -6.4% 1 3615 28 Mm:sinughtcr[WNegl!gerse 07b 0 (10M - Fcr-.iUeRsF:' 21 33.3% :E?7ib :i0 Ro;t-y 153 C5.5:. 2 7 _.n..Yra 191) A&,iavatedAssaalt SES _.. ll 5.696 196 8,?arV 731 S1.2R5 CT '_85E 22'. Weapu, {srry, Pom-,s 26: 9,4% 2° 9.fi"a5 Z'_'1 ?pifm;es iRJ P.3.9 10 16_X ' 6RRNDTOi'AL 967 81.? 134 - 12.476 1,B! Saur¢ V?2q U?31 Prret Rqr?Rz February 11, 2014 -8- CITY MANA GER'S BRIEFINGS VIRGINIA BEACH CRIME STATISTICS ITEM #63445(Continued) It is important to understand where the City's "Hot Spots" are located and staff the appropriate number of officers: 2013 Robberies Residential Burglaries are scattered throughout the City; however, the largest number is located in high density residential areas: February 11, 2014 -9- CITYMANAGER'S BRIEFINGS VIRGINIA BEACH CRIME STATISTICS ITEM #63445(Continued) Chief Cervera stated the Department focuses on three (3) "Ts ": TALENT, TECHNOLOGY and TEAMWORK. Leaning Fo rwa rd The Department began the "Community Policing Efforts " initially in Western Bayside "3261 " and the response was so well received by the Citizens, it was expanded to the Green Run area. Most impressive is when the Department learned that College Park implemented a Community Policing Program and, after the fact, informed the City. Community Policing Efforts • 3261 • Green Run • College Park FebYUary 11, 2014 -10- CITY MANA GER'S BRIEFINGS VIRGINIA BEACH CRIME STATISTICS ITEM #63445(Continued) The Departn2ent takes a"SystenZS Approach" when dealing with non-crime related incidents. For exafnple, in dealing with the Homeless at the Oceanfront, the Off cers refer individuals to various agefzcies andprograms offered throughout the City. The Crisis Intervention Team helps individuals that are non-violent with mental health or substance abuse problems by referring those individuals to different agerzcies for assistance instead of putting them into the criminal justice system; the Crime Prevention Unit provides information to help prevent crime with every single business on Atlantic and Pacific Avenues, as well as knocking on doors in neighborhoods where and when we begin seeing an increase in crime; and lastly, in 2012, Police Officers successfully administered an AED 34 times. The Virginia Beach Emergency Response System has a 49 percent rate of saving lives w/AEDs in comparison to a national rate of 9-1 S%. This high rate is due, in part, to the presence of AEDs in police vehicles. Systems Approach • Homeless at the oceanfront • Crisis Intervention Team (CIT) • 820 under Emergency Custody Order with Police • 583 were paperless • Average of 3 hour per incident • School Resource Officers (SROs) • Crime Prevention • Department CompStat meetings • AEDs and Tourniquets Altlaough we have Officers assigned to the Ready Response Team and Special Operations, those individuals are patrol officers first: Flexible Resources • Ready Response Team (RRT) • Special Operations February 11, 2014 -11- CITY MANA GER'S BRIEFINGS VIRGINIA BEACH CRIME STATISTICS ITEM #63445(Continued) The Department's Strategic Plan is in line with the Ciry's Strategic Plan. For example, the Oceanfront is a great economic impact for the City and the Police Department is committed to make visitors and citifens feel safe and welcome: Strategic Plan • Neighborhood Initiatives • Oceanfront • Central Business District The Vice Mayor thanked Chief Cervera and the entire Department for their commitment to the City. February 11, 2014 -12- CITYMANAGER'S BRIEFINGS LESNER BRIDGE BID and FUNDING ANAL YSIS ITEM #63446 4:25 P.M. Vice Mayor Jones introduced and welcomed Dave Hansen, Deputy City Manager. Mr. Hansen advised this is an update to the Lesner Bridge Replacement Project: Thc Bid Opening was held on December 20, 2013. The City received 7 Bids: February 11, 2014 -13- CITY MANA GER'S BRIEFINGS LESNER BRIDGE BID and FUNDING ANALYSIS ITEM #63446(Continued) After reviewing the responses, the low bidder was deemed "non-responsive " and concurred with VDOT and the FHWA. Based on that, the Bid was offered to the 2"d low bidder, McLean Contracting Company. McClean's Bid was 19.5% higher than the Engineer's estimate and that caused concern. Bid Analysis ? Apparent Low Bidder, PCL, deemed "non-responsive", due to incomplete bid. Concurrence from VDOT/FHWA ? On January 27, 2014, City made request to VDOT/FHWA to award to 2"d low bidder, Mclean, in the amount of $78,645,190.68 ? Original Engineer's Estimate (July 2013): $65,796,716 ? McLean's Bid 19.5% higher than Engineer's Estimate The Staff conducted a Bid Analysis and found the following: ? The bid analysis revealed that the greatest cost differences between the bids and the estimate occurred in the bridge foundation and superstructure ? A/E firm re-evaluated the Engineer's Estimate for the bridge line items based on VDOT unit price bids made between July 2013 and January 2014 ? The Engineer's Estimate was revised (January 2014) to $79,596,561 (from $65,796,716) ? This is $13.8M higher than the July 2013 estimate ? Difference largely due to increased market costs for pre-cast concrete and corrosion resistant rebar Bid Analysis February 11, 2014 -14- CITY MANA GER'S BRIEFINGS LESNER BRIDGE BID and FUNDING ANALYSIS ITEM #63446(Continued) Below are the line items with the greatest cost difference between the original Engineer's estinzate and the revised estimate: Bid Analysis ? Line Items with greatest cost difference between the original Engineer's Estimate and the revised estimate 1! ? Represents 85% of Engineer Estimate increase tost , EsUma?kd ? ',kyfi?mato: Based on the new estimate, the project has a total funding shortfall of $14.4-MILLION. After meeting with VDOT, below is a proposed funding strategy to make up the shortfall in order to keep this project movang: ---- ______.__„ Funding Analysis ? Resulting total project cost using Mclean's bid amount is $116.5M ? Results in funding deficit of $14.4M ? Funding Strategy to make up shortfall: ¦ Bonney/Kentucky $ 0.3M ¦ Centerville Ph. II $10.3M • Additional State Funding 3.8M Total Funding Shortfall: $14.4M February 11, 2014 -15- CITY MANA GER'S BRIEFINGS LESNER BRIDGE BID and FUNDING ANALYSIS ITEM #63446(Continued) Below are specific factors concerning each project proposed in the funding strategy to make up the shoqfall: Funding Analysis ? Bonney/Kentucky Project ($0.3M): Remaining State Revenue Sharing (RS) Funds from Completed Project ?' ? Centerville Turnpike - Phase II Project ($10.3M): State Revenue Sharing (RS) funds split 50/50 local/state. Replacement to be resubmitted for FY 16 RS funds. Additional $5.15M in local funds required in FY16 CIP allocation. ? Additional State Funding ($3.8M): TBD by VDOT Local Share: $5.3M State Share: $9.1M McLean has granted the City a 90-day Bid extension and the Ciry is now awaiting approval from VDOT and the FHWA to award the contact to McLean. Mr. Hansen expressed his appreciation to VDOT for their support on this project: -- Next Steps ? Received 90 day bid extension from McLean ? Awaiting VDOT/FHWA approval to award to McLean ? VDOT/FHWA may require re-bidding project. If so, approx. 6 month delay ? If award to McLean, NTP for project delayed to April/May OWN; Awl, February 11, 2014 -16- CITY MANA GER'S BRIEFINGS LESNER BRIDGE BID and FUNDING ANALYSIS ITEM #63446(Continued) If City Council agrees to this course of action, below are the actions needed to move fonvard.• f3? City Council Action ? Requires Councii approval of Resolution making the Lesner Bridge Project an eligible Revenue Sharing Program project, thus making it eligible to receive RS funds from other city projects ? Requires Council to adopt Ordinance, approving transfer of State and Local funds to make the Lesner Bridge Project whole and able to award construction contract to McLean ? Resolution and Ordinance to be brought to Council on February 25, 2014 Should and once City Council moves for-ward, below are actions needed by VDOT.• VDOTAction ? Following: ¦ Council approval of Resolution and Ordinance ¦ VDOT identifies State funding ? Requests funding approval from CTB at the following scheduled meeting, March 19, 2014 February 11, 2014 -17- CITYMANAGER'S BRIEFINGS LESNER BRIDGE BID and FUNDING ANALYSIS ITEM #63446(Continued) Project Costs Vice Mayor Jones expressed his appreciation to Mr. Hansen and the entire Team that has been working on this Project. FebYUary 11, 2014 -18- CITYCOUNCIL LIAISONREPORTS 4: SO P.M. ITEM #63447 Coitncil Lady Henley advised City Council Members received a copy of the 2014 Annual Report of the Open Space Advisory Committee and she erzcouraged everyone to take a few minutes and read the Report. This program and Committee has done fantastic things for the City and is a true asset in all that has been achieved. February 11, 2014 -19- CITY COUNCIL LIAISONREPORTS (Continued) ITEM #63448 Coitncil Lady Henley expressed concern over the two Agricultural Items on the pending City Council Agenda and would like to have them deferred to February 25"'. Should the General Assembly pass these two Bills then the two items on the Agenda will not be necessary. Council Lady Henley advised the Agr•icultural Advisory Committee will be meeting to discuss the pros and cons of the proposed changes. February 11, 2014 -zo- CITY COUNCIL LIAISON REPORTS (Continued) ITEM #63449 Couizcil Lady Ross-Hammond advised she attended the Arts and Humanities Commission meeting and was pleased that Virginia Beach Chorale is learning to be more sustainable. February 11, 2014 -21- CITYCOUNCIL LIAISONREPORTS (Continued) ITEM #63450 Council Lady Ross-Hammond advised the Community Services Board continues to be a strong advocate for the Department of Human Services and, on theiY behalf, has traveled to Richmond to meet with Legislators. As a result of these meetings, they have agreed to sponsor selected Virginia Beach legislation duYing the next General Assembly. February 11, 2014 -22- CITY COUNCIL LIAISON REPORTS (Continued) ITEM #63451 Coirncil Lady Ross-Hammond advised the Behavior Health Services for Youth has increased funding for the Mobile Crisis response and access for psychiatry and intensive case management of inental health services received accreditation in December 2013. A 3 year accreditation was awarded to the City's Co»amunity Employment Options. One of the biggest trends in place is the Cultural Competency and Diversity Plan with a stronger health and safety program. February 11, 2014 -23- CITY COUNCIL COMMENTS 5: 02 P.M. ITEM #63452 Councilman Moss requested an update to the City's position on the "groundwater" legislation. Councilman Martin advised he has met with Deputy City Manager Hansen and Planning Director Jack Whitney in an attempt to come up with a plan to deal with the different options the General Assembly action would implement. Regardless, the Legislation is going to have a huge impact on how the Planning Department does their job, as well as property redevelopment. The only leverage point would be "grcindfathering" of projects. The real problem will be managing the projects especially for those that have different phases. City Manager Spore advised that if Staff started tomorYOw morning preparing for this new Legislation they could not be ready by July P. The hope is there will be a six (6) month delay. February 11, 2014 -24- CITY COUNCIL COMMENTS (Continued) ITEM #63453 Cozincilman Moss stated that Dr. Koch, in the Hampton Roads Region Forecast predicted the Region wozild lag behind the national average in gross domestic product (GDP); and according to the recent Congressional Budget Office, Dr. Koch was within one-tenth of a percent in his report. February 11, 2014 -25- CITY COUNCIL COMMENTS (Continued) ITEM #63454 Vice Mayor Jones advised he was recently appointed to the Virginia Board of Funeral Directors and Embalmers. Mayor Sessoms has also recently been appointed to the Virginia Museum of Fine Arts, Board of Trustees. The meeting dates of these State Boards conflict with the regularly established City Council meeting dates. Vice Mayor Jones suggested the City Council consider changing the Formal Meetings to the IS` and 3'-d Taiesdays and the Workshops to the 2"d and 4`1' Tuesdays beginningJune IS` There was no objection from other Council Members. Vice Mayor Jones requested the City Attorney prepare an Ordinance delineating these changes foY City Council 's consideration on Tuesday, February 25, 2014. February 11, 2014 -26- AGENDA REVIEW SESSION S:IO P.M. ITEM #63455 BY CONSENSUS, the following shall compose the CONSENT AGENDA: K. ORDINANCES/RESOL UTIONS 1. Ordinances to AMEND the City Code: a. §§2-345 and 2-346 re Public Records Management b. §23-5I re requirements for Tattoo Artists 2. Ordinance to DECLARE property in EXCESS of the City's needs and AUTHORIZE: a. Dedication at Dam Neck and Landstown Roads to YMCA of South Hampton Roads DISTRICT 7- PRINCESS ANNE b. Sale at 108 Bob Lane to Grover J. Davis DISTRICT 6 - BEACH 3. Ordinance to AMEND §4 of the Agricultural Lands Preservation (ARP) Ordinance re the definition of "Agricultural I7se" 4. Ordinance to ENDORSE the Cavalier Association Project and AUTHORIZE the State Tourism Gap Financing program 5. Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE: a. A Lease at Princess Anne and Landstown Roads to Virginia Beach Professional Baseball (VBPB) re a baseball complex within Princess Anne Commons b. A Memorandum of Agreement between Hampton Roads Sanitation District (HRSD) and its member localities re the Regional Wet Weather Management Plan c. A Deed of Release and Exchange re an Agricultural Lands Preservation (ARP) easement for the Ralph Lee Frost family at Land of Promise and Blackwater Roads DISTRICT 7- PRINCESS ANNE d. A Utility Service Agreement with the City of Chesapeake re the provision of sewer and water ser-vices to Charlestown Shores 6 CAPE HENRYLIGHTHOIISE Phase II restoration project: a. Resolution to AUTHORIZE and EXECUTE Agreements re: Administration b. Ordinance to ACCEPT and APPROPRIATE $200, 000 7. Ordinance to GRANT Franchise Agreements to Gold Key/PHR Food Services, LLC re Open Air Cafes at 3315 Atlantic Avenue February 11, 2014 -z7- ITEM #63455(Continued) 8. Resolutions re the Virginia Department of Transportation (VDOT) Urban Maintenance payments: a. ACCEPT additional streets b. CORRECT Road Inventory 9. Ordinance to CONFIRM a Declaration of Local Emergency re the snow storm from January 28-31, 2014 10. Resolution to COMMEND City CleYk Ruth H. FraseY and her Staff for their extraordinary public service to the citizens of Virginia Beach re the Council Member Appointment Process 11. Ordinances to ACCEPT and APPROPRIATE.• a. $50,000 from the Virginia Department of Emergency Management to the Office of Emergency Management b. $200,000 Virginia Governor's Opportunity Fund Award to the Development Authority c. $473,1 SO from the Virginia Department of Transportation (VDOT) re urban maintenance and resurfacing ITEM #2a WILL AMENDED and CONSIDERED SEPARATELY ITEM #3 WILL BE DEFERRED TO 0212512014 CO UNCILMAN DYER AND MOSS WILL VOTE VERBAL NA Y ON ITEM #4 CO UNCILMAN MOSS WILL VOTE VERBAL NA Y ON ITEM #Sb COUNCIL LADY HENLEY DISCLOSED ONITEM#Sc (ARP-RALPHFROSTFAMILY) she owns land in the ARP area and the City Attorney advised it is NOT NECESSARY for her to ABSTAIN. Council Lady Henley's correspondence of February ll, 2014, is hereby made a part of the record. February 11, 2014 -zs- AGENDA REVIEW SESSION ITEM #63455(Continued) BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING 1. Application of MARK E. THOMASSY and 106 62tVD STREET for a Changge in a Nonconforming Use re additiofz of an elevator at 106 62"d Street DISTRICT S- LYNNHAVEN. 2. Application of HALL AUTOMOTIVE, LLC AUTO PROPERTIES - HALL NISSAN, HALL COLLISION and VIRGINIA E. CORNICK TRUST for Modification of a Conditional Use Permit re ADDING a vehicle painting booth, changes to fencing, storage lot surface treatment and bulk storage for towed vehicles at 3757 and 3769 Bonney Road DISTRICT 5- LYNNHAVEN. 3. Application of LOTSALISA, LLC for Modi acation of a Conditional Use Permit, re development of a Wawa Convenience Store with fuel pumps, car wash and convenience store at 1600 General Booth Boulevard DISTRICT 7- PRINCESSANNE 4. Applications for Special Exceptions for Alternative Compliance to the Oceanfront Resort Form-Based Code: DISTRICT 6- BEACH a. CATCH A WAVE, LLC re a commercial parking lot at 2206-2210 Pacific Avenue b. LINJONPACIFIC, LLC re a mixed use building at 2607 Pacific Avenue 5. Applications of MG HOMES, LLC and TRUSTEES OF TIDEWATER UNITED CHURCH OF CHRIST re properry at West Neck and North Landing Roads: DISTRICT 7 - PRINCESS ANNE a. Conditional Change of ZoninQ from 0-2 Agricultural to Conditional R-SS Residential b. Modification of a Conditional Use Permit re sale of property to MG Homes, LLC for residential development 6. Applications of CHRISTIE ROTHER, JENNIFER FEDOROWICZ and TROY SCOGGIN at 2310 Princess Anne Road DISTRICT 7- PRINCESS ANNE a. Conditional ChanQe ofZoningfrom Conditional 0-1 Ofji'ce to Conditional B-1 Neighborhood Business b. Conditional Use Permit re a retail "specialty shop " 7. Application of CITY OF VIRGINIA BEACH to AMEND § 401 of the City Zoning Ordinance (CZO) re Farm Stands in Agricultural Districts. ITEM #Sa/b WILL BE CONSIDERED SEPARATELY ITEM #7 WILL BE DEFERRED TO 0212512014 February 11, 2014 -29- ITEM#63456 Vice Mayor Louis R. Jones, 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 PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3 711 (A)(3). Acquisition/Disposition of City Property: Princess Anne District February 11, 2014 -30- ITEM# 63456(Continued) Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 5:14 P.M. Yoting: 10-0 Cotiincil Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay: None Coz.rncil Members Absent: Mayor William D. Sessoms, Jr. (Closed Session 5:14 P.M. - 5:30 P.M.) February 11, 2014 -31- ITEM# 63457 Vice Mayor Jones expressed concerns regarding the language in the Draft Version of the Development Agreement dated February 11, 2014, between the City and the YMCA of South Hampton Roads. After discussion of City Council, the Development Agreement will be revised in Paragraphs 2, 2a and 16 and, as such, the Amended Development Agreement will be heard in the Formal Session by City Council tonight for consideration. February 11, 2014 -32- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL February Il, 2014 6: 00 P.M. Vice Mayor Louis R. Jones, called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, February 11, 2014, at 6: 00 P.M. Council Members Present: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. - out of the Country - family vacation INVOCATION: Reverend Les Smith Senior Pastor Victory Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial ) purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of trarisactions 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 knawledge. 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 recoYds of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter ofApril 10, 2007, is hereby made a part of the record. February 11, 2014 -33- 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 harzdles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Intef•ests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Coiincil Lady Wilson's letter ofAugust 13, 2013, is hereby made a part of the record. February 11, 2014 -34- Iteni -VI-E CERTIFICATION ITEM #63458 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Yoting: 10-0 Coarncil Members Voting Aye: RobeYt M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Cozincil Members Poting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. February 11, 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 #63456 Page 30, 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 February 11, 2014 -35- Item -VI-F.1 and 2 MINUTES ITEM #63459 Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of January 14, 2014, a n d the INFORMAL SESSION of January 28, 2014. Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Coz+ncil Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. February 11, 2014 -36- ADOPT AGENDA FOR FORMAL SESSION ITEM #63460 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION February 11, 2014 -37- Item -VI-I.1 BID OPENING ITEM #63461 Vice Mayor Jones advised: LEASE OF CITY-OWNED PROPERTY Princess Anne Comrreons "Baseball Park" Princess Anne Commons, near the intersection of Princess Anne and Landstown Roads Pursuant to Virginia Code Section I5.2-2I02, the Chair will now summarize the bids that have been received for a proposed lease of a portion of the City property located at Princess Anne Commons, near the intersection of Princess Anne and Landstown Roads for use as a professional baseball stadium, tournament fields, and sports-related commercial/retail space. One bid has been received, as follows: 1. Virginia Beach Professional Baseball has bid: 30 year lease for construction, development and operation of.l) an approximate 5,000 seat professional baseball stadium, with 2,000 berm seats, 2) approximately 60,000 sq. ft. of commercial space and 3) a lease of up to 30 years for a youth baseball tournament complex. The bid includes a proposal to build four (4) additional fields at the Princess Anne Athletic Complex to be owned and operated by the City. Vice Mayor Jones asked "Are there any other persons desiring to submit a bid at this time?" Tlzere being no further bids, the bidding is closed. City Council accepted the Bid of Virginia Beach Professional Baseball, and move forward with a Public Hearing for lease of this Property February 11, 2014 -38- Iteni -VI-J.la/b PUBLIC HEARINGS ITEM #63462 Vice Mayor Jones DECLARED A PUBLIC HEARING: LEASE OF CITY-OWNED PROPERTY a. Princess Anne Commons "Baseball Park" b. 3315 Atlantic Avenue - Cafe Franchises There being no speakers, Vice Mayor Jones CLOSED THE PUBLIC HEARING. February 11, 2014 -39- Itent -11I-J.2a/b PUBLIC HEARING ITEM #63463 Vice Mayor Jones DECLARED A PUBLIC HEARING: EXCESS CITY-ON'NED PROPERTY a. 108 Bob Lane b. Dam Neck and Landstown Roads - YMCA There being no speakers, Vice Mayor Jones CLOSED THE PUBLIC HEARING. February 11, 2014 -40- Itenr -VI-K ORDINANCES/RESOL UTIONS ITEM #63464 Upan motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED, IN ONE MOTION, BY CONSENT, Items la/h, 21b, 3(DEFERRED TO 212512014), 4(DYER and MOSS VERBAL NAY), Sa/b(MOSS VERBAL NAY)/c/d, 6a/b, 7, 8a/b, 9, 10 and llalb/c of the CONSENT AGENDA, composed of Ordinances, Resolutions and the Planning Applications. Voting: 10-0 Coztncil Members Yoting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay: None Cozrncil Members Absent: Mayor William D. Sessoms, Jr. February 11, 2014 -41- Item -VI-K.la ORDINANCES/RESOL UTIONS ITEM #63465 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to AMEND the City Code: a. §§2-345 and 2-346 re Public Records Management Voting.• 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, .Iohn E. Uhrin, Rosemary Wilson and James L. Wood Cozincil Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. February 11, 2014 1 AN ORDINANCE TO AMEND SECTIONS 2- 2 345 AND 2-346 OF THE CITY CODE 3 PERTAINING TO PUBLIC RECORDS 4 MANAGEMENT 5 6 SECTIONS AMENDED: §§ 2-345 AND 2-346 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 2-345 and 2-346 of the Code of the City of Virginia Beach, Virginia, 12 are hereby amended and ordained to read as follows: 13 Sec. 2-345. Records manager; duties. 14 The public records coordinator is 15 hereby designated as records manager, who shall be responsible for the 16 implementation of the records management program. 17 Sec. 2-346. Duties of department heads; records officers. 18 (a) It shall be the duty of the department directors to cooperate with the city 19 manager in implementing the records management program; provided, that nothing in 20 this article shall be construed to require the removal of city records from the custody of 21 a department director when such records are deemed necessary in or for the 22 performance of the duties imposed upon such director by statute or ordinance. 23 (b) Each department director shall designate an employee of his department 24 to act as records e#isef representative, who shall report directly to the director of his 25 department and shall be responsible for coordinating the records management program 26 of his department, for cooperating with the records manager in ensuring compliance 27 with the records management program, and for monitoring compliance with records 28 retention and disposition schedules for the records of his department. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11 th day of February , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ? Public Libraries City Attorney's Office CA12854 R-2 January 15, 2014 -42- Iteni -VI-K.Ib ORDINANCES/RESOL UTIONS ITEM #63466 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to AMEND the City Code: b. §23-5I re Yequirements for Tattoo Artists Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. February 11, 2014 REQUESTED BY COUNCILMEMBER JOHN E. UHRIN 1 AN ORDINANCE TO AMEND AND 2 REORDAIN SECTION 23-51 OF THE CITY 3 CODE, PERTAINING TO REQUIREMENTS 4 FOR TATTOO ARTISTS 5 Sections Amended: City Code Section 23-51 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 23-51 of the City Code, pertaining to tattooing and tattoo artists, is hereby amended and reordained, to read as follows: Sec. 23-51. Tattooing and tattoo parlors. (e) Every tattoo artist shall provide one of the followinq to the department of public health_ +ha+ ho „. ? sho h.,? ?o,.o;o,? ? ? 4? ihorn?ile6,s -r,?? . .., ..?.. . ?..?.. ?? ._ (1) Proof of completion of the full Hepatitis B vaccine; (2) Proof of Immunity by blood titer; or (3) Written declination of refusal of the full Hepatitis vaccine. COMMENT The amendments replace the current requirements that tattoo artists annually provide to the Health Department certain proof relating to tuberculosis and Hepatitis B with the provisions set forth in subdivisions (1) through (3). The Health Department has reviewed the proposed amendments and determined that they will not compromise the health or safety of the public. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th day of February , 2014. Approved as to Legal Sufficiency: City Attorney's Office CA-12881 January 17, 2014 R-1 -43- Iteni -VI-K2a ORDINANCES/RESOL UTIONS ITEM #63467 The following individuals registered to speak: Katy Arris-Wilson, 3900 Old Shell Road, Phone: (757) 679-5954, President - TIDE Swimming, spoke in SUPPORT. Mrs. Arris-Wilson is a life-long Virginia Beach resident and swimming played a huge role in her life; however, she had to drive to Norfolk twice a day for practices. Virginia Beach is the largest city in the Commonwealth but has no Olympic size pool. This pool project has been in process for over 4 yeai°s and will bring positive economic impact to the City. The TIDE just celebrated its 25`1` year and continues to build champions in life through swimming. Billy George, 250 West Brambleton Avenue, Suite 100, CEO of South Hampton Roads YMCA for past 15 months, spoke in SUPPORT. The YMCA is a non profit organization that focuses on the character of youth, social responsibility and healthy living. Dan Bannon, 206 44`h StYeet, Phone: 507-8730, spoke in SUPPORT. Mr. Bannon is 14 years old and attends Plaza Middle School. He has been swimming since he was 3 years old and currently swims six (6) times per week, fifty (50) weeks per year. Mr. Bannon is looking forward to being a Beach lifeguard in a few years. He stated swimming has taught him so many life lessons: persistence, resilience, physical and rrzental toughness and dedication. He hopes to swim in College and possibly at the Junior Nationals. The relationships he forged along with the way with teammates and competitors will be life-long. Sandra Jones, 1644 WilI-O-Wisp Drive, Phone: 407-7247, spoke in SUPPORT. Ms. Jones started the TIDE 26 years ago and, at that time, was told Virginia Beach is "backwards " and "you are going to hit a dead end "; well, 280 Members strong and 26 years later, she feels as though she has been successful. The partnership with the YMCA provides an open canvas for the City to have one of the best and comprehensive aquatic programs in the Country. The mission statement for the TIDE is "Building charripions in life through the sport of swimming ". Carrie Lamoacreux, 909 Rio Bravo Bend, Phone: 689-4466, spoke in SUPPORT. Mrs. Lamoureux is married to a Navy SEAL and swimming has always been encouraged in their home. Swimming has had a positive impact on their family and ensured their children would be safe around water. She views the YMCA and Tide Swim team as one body. The YMCA supports the Military and offers "no cost" menzberships to families that are separated by military deployment. Walter Potter, 1938 Woodside Lane, Phone: 438-6033, spoke in SUPPORT. Mr. Potter is the immediate Past Chairman of the Board of Directors for YMCA of South Hampton Roads. His two daughters swain for the TIDE and Cox High School and this is the closest the TIDE has ever been to getting a SO-Meter Pool. Jim Dille, 1430 Armistead Road, spoke in SUPPORT. Mr. Dille is the current Chairman of the Board of the YMCA of South Hampton Roads. The YMCA helps to strengthen families. The YMCA has twenty (20) family centers from the Eastern Shore to the Outer Banks and over 30% of their members receive financial assistance. The YMCA began the "First Tee " program and is an example of a public/private partnership offered in six (6) different cities in the Region. The Board of Directors approved an additional $2-MILLIONfundingfor this projectafter the City Council's December meeting. Nancy Speer, 3120 Winchester Lane, Phone: 498-4559, spoke in SUPPORT. Ms. Speer is a TIDE Coach for level 1-3, ages 5-1 D. She loves seeing the children 's love for swinaming develop. Ms. Speer is an All American Collegiate swimmer and continues to compete as a Master Swimmer. Swimming promotes discipline, character and strength and is the only sport in which a person can remain competitive until they are 100 years old. February 11, 2014 -44- Item -VI-K.2a ORDINANCES/RESOL UTIONS ITEM #63467(Continued) Churles Reid, 3300 Middle Plantation Quay, Phone: 436-5530, spoke in SUPPORT. Mr. Reid advised his daughter swam for the TIDE and now he is enjoying watching his granddaughter swim for the TIDE as well. This is truly a family organization. Tom Gil, 804 Kennedy Avenue, Phone: 580-7391, spoke in SUPPORT. Mr. Gil is the President of Aquawear and a Deputy Chief for Virginia Beach Lifesaving Service ("VBLS'). Mr. Gil advised drowning is the 2"d leading cause of death for children. The TIDE has proven to be a community partner to teach children to swim. VBLSfills over 200 Beach lifeguard positions each year and they must be "the best ". Bill Gil, 1008 Danshire Chase, Phone: 631-6145, spoke in SUPPORT. Mr. Gil is a lifelong swimmer and his daughter is a current membeY of the TIDE. He is a current high school and USAA swimming official. Mr. Gil advised his family is traveling this weekend to Manassas for a swim meet and would love for the City to host meets in the future. These events create positive economic impact and a good source of revenue. The YMCA is a great partner for the City to have an opportunity for a first-class facility with a first-class partner. Josh Fulton, 300 B 58`h Street, Phone: 218-3987, spoke in SUPPORT. Mr. Fulton is a former swimmer and curreratly a coach for the TIDE. He wakes up every day at 4:1 S A.M. to train young swimmers and does so for the lifesaving skills he teaches and the positive impacts and life lessons learned in the pool. Amber Quarles, 1849 Royale Walk Drive, Phone: 685-1904, spoke in SUPPORT. Mrs. Quarles is a military spouse and when they moved to the City it was important that their children learned to swim since water is so prevalent in the City. The TIDE afforded her the opportunity to ensure their children were safe in and around water. Ben Tjenito, 2933 Couples Court, Phone: 435-6525, spoke in OPPOSITION. Mr. Venito stated the YMCA went back on their word. Based on the recent weather, he does not feel it is reasonable to believe the pool can be used for 11 months out of the year. The spirit of the agreement was to trade valuable property for a valuable pool and he asked that the YMCA put in writing that the pool will be built concurrently with the fitness facility. Jeriy Donelly, 2108 Pleasant Acres Court, Phone.• 342-6017, spoke in OPPOSITION. Mr. Donnelly is a Managing Partner of One-Life Fitness and advised his opposition is not with the TIDE Swim team but with the City giving property away without any written agreement. He loves the City and does a lot of good by giving back to the City. His company pays properry and sales tax to the City while the YMCA does not. Mr. Donelly requested the City require YMCA to enter a written agreement constructing and operating a 50-Meter pool 11 months out of the year, with a predetermined date for the cover to be complete. Matt Tully, 2424 Tranquility Lane, Phone: 914-443-9512, spoke in OPPOSITION. Mr. Tully requested the City require a written agreement with YMCA to ensure the benefit for the community. Ric Zimmerman, 233 OakLane, Phone: 919-801-0147, spoke in OPPOSITION. Mr. Zimmerman is the CEO of Axel, LLC, and has been involved in the fitness industry for over 30 years. He is currently doing the contracting work for One-Life Fitness and is a citizen of the City. He was asked to research the costs of enclosing a pool with a dome and provide information to City Council that such costs are approximately $700,000 versus the $S-MILLIONproposed by the YMCA. February 11, 2014 -45- Item -VI-K.2a ORDINANCES/RESOL IITIONS ITEM #6346 7(Contin ued) Upon motion by Council Lady Henley, seconded by Councilman Martin, City Council ADOPTED, AS AMENDED, Ordinance to DECLARE property in EXCESS of the City's needs and AUTHORIZE.• a. Dedication at Dam Neck and Landstown Roads to YMCA of South Hampton Roads DISTRICT 7- PRINCESS ANNE Votzng: 9-1 Cozcncil Members VotingAye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross-Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Coarncil Members Absent: Mayor William D. Sessoms, Jr. February 11, 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 43 44 45 46 AN ORDINANCE (1) DECLARING 10.35+/- ACRES OF LAND LOCATED AT THE INTERSECTION OF DAM NECK AND LANDSTOWN ROADS TO BE IN EXCESS OF THE CITY'S NEEDS, AND (2) AUTHORIZING THE DEDICATION OF SAME TO THE YMCA OF SOUTH HAMPTON ROADS WHEREAS, the City of Virginia Beach (the "City") owns two parcels of land located at the intersection of Dam Neck and Landstown Roads (GPINs:1484-79-2884 and 1484-79-2434), consisting of approximately 10.35 acres (the "Property"); WHEREAS, YMCA of South Hampton Roads ("YMCA") desires to construct and operate a community facility offering recreational and educational programs to serve the community, inctuding a 40,000 - 45,000 sq. ft. facility and a 50-meter competition pool on the Property (the "Project"); WHEREAS, the City and YMCA came to a shared understanding regarding each party's obligations and responsibilities in connection with the Project, which are set forth in a Term Sheet dated June 1, 2011 (the "Term SheeY'). On June 14, 2011, City Council approved the Term Sheet by Ordinance ORD-3183F; WHEREAS, the City and YMCA have negotiated modifications of the Term Sheet, and on December 10, 2013, City Council approved the modifications, by Ordinance ORD-3320G; WHEREAS, YMCA and City staff have negotiated the terms and conditions of a Development Agreement (the "Development Agreement"), by which the Property would be dedicated to YMCA in connection with the Project. A summary of terms setting forth the elements of the Project is attached hereto as Exhibit A(the "Summary of Terms"); and WHEREAS, the City Council is of the opinion that the Property is in excess of the City's needs and conveyance of the Property to YMCA, in accordance with the terms set forth in the Summary of Terms, would allow for the development of a community asset on the Property for the benefit of the citizens of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the 10.35+/- acres of land located at the intersection of Dam Neck and Landstown Roads (GPINs:1484-79-2884 and 1484-79-2434) (the "Property"), is hereby declared to be in excess of the needs of the City of Virginia Beach. 2. That the City Manager is hereby authorized to execute the Development Agreement and any and all other documents necessary to convey the Property to YMCA, so long as such documents are in substantial conformity with the Summary of Terms, 47 48 49 50 51 52 53 54 attached hereto as Exhibit A, and made a part hereof, and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. This Ordinance shall be effective from the date of its adoption. A?doQted by the Council of the City of Virginia Beach, Virginia, on the 11 th day of Fe ru ry 2014. APPROVEaA5`f0 CONTENT Parks and Recreation APPROVED AS TO LEGAL SUFFICIENCY j 7:;: City Attorney CA12772 \\vbgov.com\DFS1 ?Applications\CityLawProd\cycom32\W pdocs\D030\P011 \00013007. DOC R-1 January 16, 2014 EXHIBIT A SUMMARY OF TERMS Declare 10.35+/- Acres of Land in Excess of the City's Needs and Dedicate Same to the YMCA of South Hampton Roads PROPERTY OWNER: City of Virginia Beach (the "City") DEVELOPER: YMCA of South Hampton Roads ("YMCA") PROPERTY: 10.35+/- acres of City-owned land located at the intersection of Dam Neck and Landstown Roads (GPINs: 1484-79-2434 and 1484-79-2884) EXISTING TERMS: • City to dedicate a portion of the Property to the YMCA "as-is" and subject to certain restrictions. • YMCA to construct and operate a facility for recreational and educational programs and services to the community (the "Project"). • Project to include an approximately 40,000 - 45,000 sq. ft. community facility, and a 50-meter outdoor competition pool, without being covered by an architectural membrane at this time. • YMCA will endeavor to ensure that low and moderate income families and children residing in the Princess Anne area and surrounding neighborhoods in the City have membership and program opportunities by providing scholarship assistance through the YMCA's Sliding Scale program. • Project design and construction to be consistent with the Princess Anne Commons Design Guidelines. • All Project design and construction plans must be reviewed and approved by the City. • Project construction to start on or before June 1, 2014. ADDITIONAL TERMS YMCA to have the right to lease a portion of the property at nominal rent to another non-profit for activities consistent with the YMCA's mission such as the provision of early childhood development services. CITY PROTECTIONS: Deed conveying Property to YMCA to contain standard provisions regarding restrictions on resale and r.everter to City to ensure the Properry is only used for purposes consistent with the non-profit mission of the YMCA. Other than contribution of land, City not responsible for any costs associated with the Project. -46- Item -VI-K.2b ORDINANCES/RESOL UTIONS ITEM #63468 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE properry in EXCESS of the City's needs and AUTHORIZE: b. Sale at 108 Bob Lane to Grover J. Davis DISTRICT 6 - BEACH Yoting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Cozincil Members Voting Nay: None Coarncil Members Absent: Mayor William D. Sessoms, Jr. February 11, 2014 1 AN ORDINANCE DECLARING THE 2 PROPERTY LOCATED AT 108 BOB LANE 3 (GPIN 2407-74-2417) TO BE IN EXCESS OF 4 THE CITY'S NEEDS AND AUTHORIZING 5 THE CITY MANAGER TO SELL THE 6 PROPERTY TO GROVER J. DAVIS 7 s WHEREAS, the City of Virginia Beach (the "City") is the owner of that 9 certain 6,222 sq. ft. parcel of land located at 108 Bob Lane (the "Property") more lo particularly described on Exhibit "A" attached hereto and made a part hereof; 11 12 WHEREAS, the City acquired the Property pursuant to the APZ-1 13 Acquisition Program; 14 15 WHEREAS, the City funded the acquisition of the Property through a 16 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 17 contributing fifty percent (50%) of the funds; ls 19 WHEREAS, the Property is in the midst of other residences and at the 20 time of acquisition was improved with a developed duplex that has since been 21 demolished; 22 23 WHEREAS, Grover J. Davis (the "Buyer") owns the adjacent property, and 24 he has requested to purchase the Property in order to utilize it in a manner compatible 25 with the APZ-1 Ordinance; 26 27 WHEREAS, the Buyer desires to purchase the Property in accordance with 28 the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 29 30 WHEREAS, the APZ-1 Disposition Committee has recommended that City 31 Council declare the Property to be in excess of the City's needs and sell the Property to 32 the Buyer; and 33 34 WHEREAS, the City Council is of the opinion that the Property is in 35 excess of the needs of the City of Virginia Beach. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 38 OF VIRGINIA BEACH, VIRGINIA: 39 40 That the Property located at 108 Bob Lane is hereby declared to be in 41 excess of the needs of the City of Virginia Beach and that the City Manager is hereby 42 authorized to execute any documents necessary to convey the Property to Grover J. 43 Davis in accordance with the Summary of Terms attached hereto as Exhibit "B" and 44 such other terms, conditions or modifications as may be acceptable to the City 45 Manager and in a form deemed satisfactory by the City Attorney. 46 47 Further, that revenue from the sale of the Property in the amount of 48 $6,222 ?hall be received and fifty (50) percent of this amount shall be appropriated to 49 CIP #9-060, Oceana Interfacility Traffic Area Conformity & Acquisition, and fifty (50) 50 percent shall be deposited for future payment by the City Manager to refund the 51 Commonwealth's portion in accordance with the grant agreement. A manual 52 encumbrance will be established to ensure that the $3,111 retained by the City will be 53 available for BRAC program acquisitions in future years per the agreement with the 54 Commonwealth. 55 56 This ordinance shall be effective from the date of its adoption. 57 58 Adopted by the Council of the City of Virginia Beach, Virginia, on the 59 llth dayOf February , 2014. CA12771 R-1 1 /27/14 \\vbgov.com\dfs1 \applications\citylawprod\cycom 32\wpdocs\d009\p018\00104828.doc APPROVED AS TO CONTENT '?afm,(4, C. <V\.. blic Works APPROVED AS TO CON ENT Management Services APPROVED AS TO LEGAL SUFFICIENCY Ci ttorney' O fic -47- Item -VI-K.3 ORDINANCES/RESOL UTIONS ITEM #63469 Upofi inotion by Councilman Dyer, seconded by Council Lady Wilson, City Council DEFERRED TO FEBRUARY 25, 2014, BY CONSENT, Ordinance to AMEND §4 of the Agricultural Lands Preservation (ARP) Ordinance re the definition of "Agricultural Use" Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Coicncil Members Absent: Mayor William D. Sessoms, Jr. February 11, 2014 -48- Item-VI-K.4 ORDINANCES/RESOLUTIONS ITEM#63470 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ENDORSE the Cavalier Association Project and AUTHORIZE the State Tourism Gap Financing program Voting: 8-2 Council Members Voting Aye: Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross-Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Robert M. Dyer John D. Moss Council Members Absent: Mayor William D. Sessoms, Jr. February 11, 2014 1 AN ORDINANCE TO ENDORSE A 2 PROPOSED TOURISM PROJECT AND 3 AUTHORIZE OTHER ACTIONS 4 CONSISTENT WITH THE STATE TOURISM 5 GAP FINANCING PROGRAM 6 7 WHEREAS, Virginia Code § 58.1-3851.1 (the "Statute") provides a mechanism 8 by which a tourism project may receive certain revenue streams to pay "gap financing" 9 as that term is defined by the Statute; and 10 11 WHEREAS, on December 2, 2008, the City Council (the "Council") amended the 12 City Comprehensive Plan to incorporate the Resort Area Strategic Action Plan (the 13 "RASAP"); and 14 15 WHEREAS, the RASAP identifies a need for transitioning older hotels along the 16 oceanfront to higher quality accommodations and building inventory that promotes year- 17 round visitation; and 18 19 WHEREAS, on March 13, 2012, the Council adopted an ordinance creating a 20 Tourism Zone (the "Zone") and on the same date adopted a resolution approving a 21 Council Policy, "Guidelines for the Tourism Project Gap Financing Program" (the 22 "Policy"); and 23 24 WHEREAS, the entitlement to revenues established by the Statute does not 25 create debt of the State, the City, or the City of Virginia Beach Development Authority 26 ("VBDA"); and 27 28 WHEREAS, the City has received an application from Cavalier Associates, LLC, 29 (the "Developer") requesting financing assistance pursuant to the Statute and the 30 Policy; and 31 32 WHEREAS, the application includes two separate projects: the Historic Cavalier 33 Hotel; and the Oceanfront Cavalier Hotel (collectively, the "Projects"), which collectively 34 request assistance in a funding gap of $18,000,000, which is 12.4% of the projected 35 cost of the Projects; and 36 37 WHEREAS, the Projects are located within the Zone; and 38 39 WHEREAS, the premises of the Projects are described more particularly in the 40 map attached hereto as Exhibit A; and 41 42 WHEREAS, the City staff has reviewed the application from the Developer and 43 finds the Projects to have the following attributes described in Section 5.2 of the Policy: 44 (a) a minimum capital investment of $30 million; (b) when complete, will provide taxable 45 sales of at least $1 million annually; (c) when complete, will increase year-round 46 employment; (d) fills a void identified in the City's Resort Area Strategic Action Plan; (e) 1 47 is located in the City's Tourism Zone; and (fl has submitted proof of the need for gap 48 financing to the satisfaction of the City's Director of Finance; and 49 50 WHEREAS, the City has submitted to the Virginia Tourism Corporation a 51 development plan (the "Tourism Development Plan") as required by the Statute, a copy 52 of such plan is attached hereto as Exhibit B; and 53 54 WHEREAS, to meet the requirements of the Statute, the City and the VBDA will 55 be required to execute a perFormance agreement, a summary of the material terms is 56 attached hereto as Exhibit C. 57 58 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 59 VIRGINIA BEACH, VIRGINIA, THAT: 60 61 1. The Council endorses the Historic Cavalier Hotel and the Oceanfront Cavalier 62 Hotel as projects for purposes of the Statute, and accordingly, the Council finds that the 63 Projects meet a void identified in the City's RASAP and described in more particularity 64 in the Tourism Development Plan; 65 66 2. Subject to approval and certification by the Commonwealth of Virginia and 67 conditioned upon the execution of a perFormance agreement befinreen the Developer, 68 the City, and the VBDA, the Council hereby designates to the Project and directs, 69 subject to appropriation of such funds to the VBDA, an amount equal to the revenues 70 generated by one percent local sales and use tax generated by transactions taking 71 place on the premises of the Projects be applied to the payment of the principal and 72 interest on the qualified gap financing for the Projects for the duration and the purposes 73 set forth the Statute; 74 75 3. Upon collection and quarterly remittance of revenues by the Commonwealth and 76 the access fee, as that term is defined by the Statute, by the Developer of the Projects, 77 the City will remit such amounts to the VBDA as required by the Statute; and 78 79 4. The City Manager is authorized and directed to take actions consistent with the 80 intent of this ordinance including, without limitation, execution of a performance 81 agreement befinreen the Developer, the City, and the VBDA. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th day Of February , 2014. APPROVED AS TO CONTENT ? rategic Growth Area Office APPROVED AS TO CONTENT: Finance Department z APPROVED AS TO LEGAL SUFFICIENCY: 1 �F Offi - : he 2l torney CA12851 R-1 January 7, 2014 3 ?.? _S ? ?_ 1. • J = s Q? L, < m? 3 Q 0 z; m„ > F L ? V T ? n ? ? • s vi ` .€? i ?' , a ?.?,..?'"?" ? •= _ ? .,. '? ? .. } . ar .. u? ? .,. . ? s . $ ?* Cl) I . ? w ? ? 4 cYi ¢ .. .. . , . . . _ x . ?2S ` ? .? . ?`?v. ... ? Q ;. N ? 0 Q ? CO ? ? C L.L cu a cn L ? z Ca . ? cu 0? Q .? 2 'a--) .? ? > X ? g U Exhibit B Cavalier Hotel Tourism Development Plan Section 1: Proposed Project 1-A: Briefly describe the overall scope and concept of your proposed project The project involves the preservation of the historic Cavalier Hotel, terrace lawn, and Cavalier Drive Motor Court. Each will be placed on the Historic Registry. This architectural landmark will be transformed into a 90 - 100 room 5 star hotel and will be complemented with a new 300 room contemporary hotel across Atlantic Avenue on the oceanfront. Both hotels will offer amenities to guests. Amenities include a luxury spa/wellness center, a destination restaurant, a hunt room lounge, new indoor and outdoor pools, recreation facilities, a linear park, gardens, and a parking facility. The contemporary hotel will offer 90 luxury suites 1-13: What perceived VOID in your local tourism economy will this proposed project fill? According to the marketing plan (Resort Area Strategic Action Plan, aka RASAP), there is a need for transitioning older hotels along the oceanfront to higher quality accommodations. Currently, the Cavalier on the Hill (historic hotel) is in need of major renovations. Many rooms are uninhabitable. The preservation would transform the hotel into a fully functioning 5 star hotel with amenities; moreover the current oceanfront hotel is a low-quality hotel. The oceanfront hotel would be replaced with a high quality hotel accommodating luxury suites. 1-C: Will this proposed project fit into an existing Tourism Zone? Yes 1-D: The proposed project will accomplish the following: Projected jobs created by this project = 220 year round and 330 seasonal (total peak 550) Projected local tax revenue =$17,950,102 (over ten years) 2-A: What attributes best describe your area: Nature/Outdoor Recreation: Scenic drives, state parks, hiking, camping, lakes, rivers, beaches, Chesapeake Bay, wildlife watching, motorsports, road cycling, jet aircraft observation, Japanese and SGA Office 1/9/14 z conservation gardens (opens 2014), disability parks, public playground parks, dog parks, oceanfront boardwalk walking, agricultural - Farmer's Markets and "Pick your Own." History/Heritage: Revolutionary, civil war, civil rights, Virginia lndian, African American, European American, War of 1812, Naval operations, and American colonization Epicurean/Experiential: Central business district, locally owned restaurants, ethnic foods, resort, fine dining, spa services, large convention center, and Edgar Casey Foundation. Sport/Recreation: Boating, sailing, canoeing, kayaking, fishing (fresh and salt), golf, hunting, biking, road cycling, indoor sky diving (coming 2014), field house sport activities, soccer fields, Sportsplex stadium, tennis courts, sports tournaments, skateboarding, skydiving, paint ball, jet skiing, marathons, aerial adventure park (opens 2014), and surfing Arts/Culture: Museums - marine science, fine art and aviation, historic homes, and colleges Entertainment/Amusement: Cultural, music, wine, patriotic, art and craft festivals, a water park, go carting, surfing championships, air shows, shopping malls, street entertainment, firework displays, amphitheater and fine art concerts. Do you offer seasonal or year-round experiences: Both Do you have a peak season: Summer 2-13: What are your major lures and drivers that attract tourists to your area? Clean wide beaches, family friendliness, low crime, peaceful sandy shores, a variety of entertainment and recreational venues, museums, golfing, surfing, water sports, fishing, shopping malls, historic homes and lighthouse, night life, oceanfront hotels, good weather, regional attractions, wildlife refuges, state parks, shopping malls, and campgrounds. 2-C: What is your unique factor? What sets you apart from the competition? The City has a: • Historical hotel (Cavalier on the Hill) where Presidents, movie stars, and other dignitaries stayed • Historical marker indicating the place where the first Europeans landed in America before settling in Jamestown • Historic lighthouse authorized by President George Washington as one of the first federal government public infrastructures built • Marine science museum featuring a glass aquarium walk-through tunnel and a large variety of aquatic animals and interactive exhibits SGA Office 1/9/14 3 • Psychic center featuring Edgar Cayce's (the Sleeping Prophet) lifetime work • 20,000 seat outdoor amphitheater featuring top entertainment acts • Military air museum with one of the largest WWI and WWII aircraft collections • Naval master jet base (only one on the east coast) for jet observations • Collection of historic homes for touring • An indoor skydiving facility (opens in 2014) 2-D: Who is your major competition? Myrtle Beach, SC and Ocean City, MD 3-A: Gauge your tourism infrastructure How would you rate your transportation? (excellent, average, or weak) Interstates: Weak Secondary roads: Average Signage: Average Bus travel: Average Train travel: Average Air travel: Average Waterways: Excellent Taxi service: Average Bike paths: Average How would you rate your environment? (strong, average, or weak) Air quality: Strong Noise levels: Average Traffic: Average Landfills: Strong Wetlands: Strong Public health: Average How would you rate your public services? (strong, average, or weak) Police force: Strong Hea Ithcare: Average Public utilities: Strong Waste management: Strong SGA Office 1/9/14 4 Rescue support: Strong Communications: Strong Public parks/recreation: Strong 3-13: Gauge your tourism economy and business community How would you rate your accommodations? (strong, average, or weak) B&Bs: Weak Inns: Average Hotels: Average Resorts: Average Rental property: Average Cottages: Strong Cabins: Weak Campsites: Average How would you rate your facilities? (strong, average, or weak) Universities: Average Performing arts: Strong Outdoor parks: Strong Convention facilities: Strong Sporting venues: Strong Event spaces: Strong How would you rate your attractions? (strong, average, or weak) Shopping: Average Dining: Average Historic: Strong Museums/Aquarium: Strong Wineries: Weak Music festivals: Strong Zoos/animal parks: Weak Art galleries: Weak Nature trails & facilities: Average 3-13: Gauge your local social and cultural assets SGA Office 1/9/14 5 How would you describe your heritage and culture? (strong, average, or weak) Multi-cultural diversity: Average Geography: Strong Architecture: Average Historical improvements: Strong Language: Average Material culture: Average Aesthetics: Average Religious diversity: Average How would you describe your local flavor? (strong, average, or weak) Visitor friendly: Strong Civic-mindedness: Average Respect for diversity: Strong Political climate: Average Unity among civic groups: Average Local sports team support: Average University/college town: Weak How would you rate your integrity of the area? (strong, average, or weak) Safety: Strong Cleanliness: Strong Friendliness: Strong Stability: Average quality of life: Strong 3-D: Gauge your top 3 strengths, weaknesses, opportunities and threats Strengths Pristine beaches Family friendly environment Safe community Threats Military oriented economy Lack of high-quality hotels Continual beach sand replenishment Weaknesses Not an international tourism destination Interstate congestion Year-round tourism Opportunities Youth retention High technology job creation Large entertainment venues SGA Office 1/9/14 6 4-A: Existing market plan submission Resort Area Strategic Action Plan (RASAP) 4-13: Your marketing plan will have the following affects: Visitation increased by 50% (undetermined) Tourist expenditures increased by 60% (undetermined) Combined development and private sector investments of $10,000,000,000 (undetermined) Visitor satisfaction increased by 33% (estimate) Number of partnership participants in your marketing plan is undetermined SGA Office 1/9/14 EXHIBIT C SUMMARY OF TERMS PERFORMANCE AGREEMENT FOR (1) Historic Cavalier Hotel (2) Oceanfront Cavalier Hotel PARTIES: City of Virginia Beach City of Virginia Beach Development Authority Cavalier Associates, LLC TERM: Commencing with the signing of the agreement, until the "gap financing" is paid in full. However, the Performance Payments, as described in the Agreement, will not commence until the Project has transactions that are subject to state sales and use tax. STATUTORY AUTHORITY Virginia Code § 58.1-3851.1 governs the Virginia Gap Financing Program, and all requirements set forth in the Performance Agreement will be in conformity with this statute. RECOURSE/ DEBT The entitlement to certain revenues authorized by § 58-3851.1 does not create debt of the City, the VBDA, or the Commonwealth of Virginia (the "State"). Additionally, the perFormance agreement will affirmatively state that there is no recourse of the "gap financing" against the City, the VBDA, or the State. PERFORMANCE PAYMENT: If the Project is approved by the Virginia Tourism Corporation and certified by the State Comptroller as qualifying for such payments, the Agreement shall provide "Performance Payments" from the State, the City, and the Project. Each Performance Payment shall be equal to the revenue generated by one percent of the sales generated on the premises of the Project. The amount of the payments shall be provided quarterly based on an amount certified by the Virginia Tax Commissioner. METHOD OF PAYMENT (STATE): After the amount is certified by the Tax Commissioner, the State portion is remitted from the State Comptroller to the City. The City remits this amount to the Development Authority. METHOD OF PAYMENT (CITY): After the amount is certified by the Tax Commissioner, the City portion is remitted to the Development Authority. METHOD OF PAYMENT ACCESS FEE: The Developer is responsible for an "access fee" that is equal to the amount certified quarterly by the Tax Commissioner. The access fee is remitted from the Developer to the City. The City remits this amount to the Development Authority. RESTRICTION ON USE OF FUNDS: The Development Authority sends quarterly payments directly to the financial institution in furtherance of the payment of the gap financing. However, no payment shall be sent until the Development Authority has all three portions attributable to the previous quarter. The only permitted use of the PerFormance Payments is for principal and interest on the "gap financing." The amount of the gap financing is $18,000,000 or 12.4% of the total project costs. In the event that the total amount of the Payments exceeds any annual debt service on the qualified gap financing, such excess shall be paid to the principal of the loan until the qualified gap financing is paid in full. *:? .? . „ City Council Policy Title: Guidelines for the Tourism Project Gap Financing Program Irudex Number: Date of Adoption: 3/13/2012 Date of Revision: Page 1 af b 1.0 Pnrrsose a d Need To transfozxn the Virgiiua Beach Resort from a seasonal venue to a year- round destination, private deve.Iopment will be necessary; however, some potenfial tourism pxojects have experienced difficulty obtaining the financing necessary to make the projects a reality. A means for bridging the financing gap was established by the General Assembly, codified as § 58.1-3851_1 of the Virginia Code. This progcam provides additional funding - in the form of cash flows - once projects are operational that may be directed to closing a financing gap between the debt and equity a developer currently has and the total financing requixed by a tourism project. This prograzn may generaliy be referred to as "Tourism. Project Gap Financing Program" or, as hereinafter referred to as, the "Program:" 2.0 Policv S _ tement The purpose of this policy is: a) To provide guidance to City staff for the evaluation of proposed tourism projects that seek to utilize the Program; b) To signal to the development community the types of tourism projects that would be eligible for the Program and the various steps requued for final approval; and c) To infozxn the broader cornmunity of the public pwrpose advanced by the Program. Title: Adoption Guidelines for the Tourism Development Financing Program Iudex Number: Date of Adopteon: 3i13l2012 J Date of Revision: Page 2 of 6 3.0 Definitions 3.1 Gap Financing - debt financing to compensate for a shortfall in project funding between the expected development costs of an authorized towrism project and the debt and equzty capital provided by the developer of the project. Gap fmancing shall not exceed 20% of the total debt and equity required for a tourism proj ect. 3.2 Performance Agreement - an agreement between the developer and development authority. The Performance Agreement shall affumatively state that the Agreement does not create debt of the State or the City_ The agreement has three functions. First, the Performance Agreement requires the developer to impose an "access fee" in the amount of 1% of all transactions occurring on the project premises. Second, the Performance Agreemexxt establishes minimum performance requizements for the tourism project including capital investment, new jobs, or other measureable criteria. Third, the Performance Agreexnent sets forth the payment of the revenue streams in the arnounts and for the purposes provided by § 58.1-3851.1 of the Virginia Code. 3.3 Tourism Development Financing Program - a program provided by the General Assembly allowing state tax, local tax, and private developer "access fee" revenue streams to be directed to gap financing. This Program does not allow the crea#ion of new state or local debt either through debt issuance or loan guazantee(s). 3.4 Tourism Marketing Plan --- a strategic plan adopted by the City Council and required by Virginia Tourism Authority, which describes the City's action plan for tourism related development. 3.5 Tourism Zone - a zone designated by the City Council to encourage tourism related economic activities as provided by § 58.1-3851 of the Virginia Code. 3.6 Qualifying Tourisrrk Pz'oject - a project that fills a vaid identified by the Tourism Developxnent Plan, is located in the Tourism Zone, meets the approval of City staff based on the evaluation factors identified in this poiicy, has been endorsed, by ordinance by the Ciiy Council, has been approved by #he Virginia Tourism Authority, and has been certified by the State Comptzoller as qualifying for the entitlement to tax revenues authorized by § 58.1-3 85 1.1 of the Virginia Code. Title: Adoption Guidelines for the Tourism Deveiopment Financing Pragram Indez Number: Date of Adoption: 3/13/2012 FDate of Revision: Page 3 of b 4.0 How the Program Works 4.1 Debt Responsibility. The Program does not create State or City Debt. 4.2 Revenue Flows. The amount of revenue is keyed to one cent of the sales and use taxes generated on the tourism project preznises. Tbus aanaount is provided froxn the Tax Commissioner an a quarterly basis. The amount of the lacal tax portion and the "access fee" are equal to the amount pzovided by the Tax Commissioner. After the completion of all steps set forth herein, the flow of revenues is as follows: a) State Sales Taxes (certified by the Tax Commissioner) 4 State Comptroller remits these revenues to the City --> City remits to t.he Development Autbarity 4 Development Authority, pursuaxxt to the Perfoxnaance Agreenaent, pays to the Gap Financing. b) Local Taxes {in an amount equal to the amount certified by the Tax Commissioner} 4 City remits to the Development Authority 4 Development Authoriry, pursuant to the Pexfozman.ce Agreexnent, pays to the Gap Financing. c} "Access Fee" (imposed by project developer and memorialized in the Performance Agreement; in an amount equal to the amount certified by the Tax Commissioner) 4 Developez- remats to the City 4 City renaits to the Development Authority 4 Development Authority, pursuant to the Performance Agreetnent, pays to the Gap Financrng. 4.3 Prerequisites. Section 58.1-3851.1 of the Virginia Code requires the following prerequisites: a) The City Council has to adop# a Taurism Marketing Plan. The Tourism Marketing Plan provides a description of the types of tounism projects the City desires as a matter of strategic priority. A Qualifying Tourism Project must fill a void identified by the Tourism Marketing Plan. b) The City Council had to adopt a Tourism Zone. A Qualifying Tourism Project must be located in the Tourism Zone. c} To qualify for the 1'rogram, the project developer must dernonstrate a shortfall in project fiuiding between the expected development costs of the proposed touzism project and the debt and equity capital provided by the developer of tbe project. Title: Adoption Guidelines for the Tourism Development Financing Program Index Number: Date of Adoption: 3/13/2012 Fate of Revision: Page 4 of 6 This shortfall may not exceed 20% of the total project costs_ Proof of such shortfall must be demonstrated in writing by a financial institution and meet the satisfaction of the City's Director of Finance. If this writing contains confidential inforrnation, i# should be so marked for purposes of #he Freedozn of Infonmation Act_ 5.0 Pracess 5.1 Application - Deveiopers seeking to utilize the Pro.gxam sha11 submit an application to the City of Virginia Beach Strategic Growth Area Office. • The agplication will include project description, conceptuai design, geographic parcel iden.tification number (GPLN), anticipated econonai.c impact, potential spin-off business synergy, e£fect upon tourism, competitive venues, risk factors, any Virginia Tourism Authority fees, as applicable, and potential remedies £or risk. • The applicanon must meet the three requirements set forth in subsection 43, supra. 5.2 Evaluation - Each application vc+ill be reviewed by a staff revi.ew comznittee. The review will determine whether the project: a) Has a minirnum capital investment of $30 million; b) Will provide taxable sales in the amount of at least $ 1 million per yeax'; c} Will increase year-round employxn:ent; d} Fiiis a void in the Taurism Marketing Plan; e) Is located in tlae Tourism Zone; f) The proof of the need for Gap Financing meets the approval of the City's Director of Finance; g) Does not require a grohibitive amount of City mvestment, including roadvvays, parking, and other infrastructure. 53 BYiefing - After City staff have reviewed the application, a representative from the Strategic Growth Area Office or other related office will provide a briefing to the City Council_ At this briefing, the Staff will requ'rre ixa.formal tlirection as to whether there is preiiminary support for the proposed tourism project If there is support by the City Council, Staff will provide a sirnilar briefing to the Developznent Authority. Title: Adoption Guidelines for the Tourism Development Financing Program Index Number: Date of Adoption: 3/1312012 Date of Revision: Page 5 of 6 5.4 Development of a Performance Agreement - After preliminary approval by the City Council and the Development Authority, Staff and the tourism project developer will begin work on a Performance Agreement. The Performance Agreement will do the three functions described in Section 32, supra. Final execution of the Performance Agreement will be conditioned upon the project recezving approval by the Virginia Towrism Authority and cezti.ficatian by the State Comptroller as qualzfying for the entitlement to tax revenues authorized by § 58.1-3851.1 of the Virginia Code. 5_5 Project Endorsement Ordinance - Prior to the completion of the Performance Agreement, City Staff will present an ordinance ta the City Council. The ordiuzance will provide for the endorsement of the proposed tourism project by the Council and the willingness, subject to approval by the State and execution of the Performance Agreement, of the City to allow the project to receive an anaount of local tax zevenues equal to one eent of the Virgiziia Sales and Use Tax for all transactions occurring on the project premises. 5.6 Project Submission to the Virginia Tourism Authoriry - After the Council approval of the ordinance endorsing the proposed tourism project, the City will farward the application and ordinance(s) to the Virginia Tourism Authority a.nd to the State Comptroller, as required. 5.7 Execution of Performance Agreement by Project Developer - After the project has been approved by the Virginia Tourism Autbority and the State Comptroller, the Perfornaaxice Agreement, in fmal form, will be provided to the project developer for execution. 5.8 Development Authority Approval - After approvals at the state level and execution by the project developer, the Development Authority will be presented with a resolutioaa to approve the Perfornaazxce Agreeznent in final form. 5.9 Final Approval - If tlus resolution is approved by the Development Authority, the Chair of the Development Authority will execute the Performance Agreement. TitIe: Adoption Guidelines for the Tourism Develapment Financing Program Index Number: Date of Adoption: 3/13/2012 Date af Revision: Page 6 of 6 Approved as to Content: Approved as to Content: Financial Impact: 5?t i 4' Strate ' Groti th Area Off'ice Date Direct Econornic Development ZDarunent Director ' Finan.ce Directar Approved as to Lega1 Su£ficien.cy: City Attorney Reviewed by: Cit Manager ! APPROVED BY CTTY COUNCIL: Mayar ? A//?- Da e 3 /Z- Date 14 / t6B rz, Date b1? ate ?//?? /?.... Date -49- hem -VI-K.Sa ORDINANCES/RESOL UTIONS ITEM #63471 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE: a. A Lease at Princess Anne and Landstown Roads to Virginia Beach Professional Baseball (VBPB) re a baseball complex within Princess Anne Commons Voting: 10-0 Council Members Yoting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Coirncil Members Voting Nay. None Council Members Absent: Mayor William D. Sessoms, Jr. February 11, 2014 1 AN ORDINANCE AWARDING THE LEASE OF CITY- 2 OWNED LAND LOCATED WITHIN PRINCESS 3 ANNE COMMONS FOR THE PURPOSE OF 4 CONSTRUCTING AND OPERATING A BASEBALL 5 COMPLEX 6 7 WHEREAS, the City of Virginia Beach (the "City") owns several parcels of land 8 within Princess Anne Commons near the intersection of Princess Anne and Landstown 9 Roads (portions of GPINs: 1484-87-9998, 1484-86-9245, 1484-87-1819 and 1494-24- 10 9673) (the "Praperty"); 11 12 WHEREAS, the City was approached by two entities interested in building a 13 youth baseball complex; 14 15 WHEREAS, after briefing City Council on August 13, 2013, staff was directed to 16 proceed with seeking interest in the project through an open and competitive process; 17 18 WHEREAS, on September 6, 2013, the City issued its Request for Statements of 19 Interest and Qualification seeking proposals for the lease of a portion of the Property, 20 for the development, operation, management and maintenance of a youth baseball 21 complex and additional athletic facilities, and received four (4) responses; 22 23 WHEREAS, pursuant to §15.2-2101 of the Code of Virginia, as amended, the 24 City advertised its invitation for bids to lease up to 120 acres of the Property (the 25 "Premises") for the construction, operation and maintenance of a professional baseball 26 stadium, tournament fields, and sport-related commercial and retail space; 27 28 WHEREAS, on February 11, 2014, City Council opened and reviewed all 29 responsive proposals, and determined that the proposal submitted by Virginia Beach 30 Professional Baseball ("VBPB") to build (1) an approximately 5,000 seat professional 31 baseball stadium with 2,000 berm seats (the "Stadium"), (2) a youth baseball complex 32 with 13 fields (the "Youth Complex"), (3) an approximately 60,000 sq. ft. of commercial 33 retail and office space (the "Commercial Space"), and (4) an additional four 34 baseball/softball fields at the Princess Anne Athletic Complex (the "PAAC Fields", and 35 collectively with the Stadium, Youth Complex and Commercial Space, the "Project"); 36 provides the most benefits to the City; and 37 38 WHEREAS, VBPB and the City desire to enter into a lease agreement for the Premises, 39 for a period of up to 30 years, in accordance with the terms and conditions set forth in 40 the Summary of Terms attached hereto as Exhibit A. 41 42 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 43 OF VIRGINIA BEACH, VIRGINIA: 44 45 That the City Manager is hereby authorized to execute a lease befinreen VBPB 46 and the City, for the term of thirty (30) years for the Stadium and Commercial Space 47 and for up to thirty (30) years for the Youth Complex, in accordance with the Summary 48 of Terms, attached hereto as Exhibit A, and made a part hereof, and such other terms, 49 conditions or modifications that may be acceptable to the City Manager and in a form 50 deemed satisfactory by the City Attomey. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia on the 11 t hday of 53 Fahru ary , 2014. APPROVED AS TO LEGAL SUFFICIENCY AND-F6RM: i ,- City Attorney APPROVED AS TO Cr2)NTENT: Dept.,4Parks and Recreation CA12761 \\vbgov.com\DFS t VAppl icationslCityLawProd\cycom32\W pdocs\D019\Po 17W0102484.docx R-1 February 3, 2014 EXHIBIT A SUMMARY OF TERMS LEASE OF CITY-OWNED LAND LOCATED WITHIN PRINCESS ANNE COMMONS FOR THE PURPOSE OF CONSTRUCTING AND OPERATING A BASEBALL COMPLEX LESSOR: City of Virginia Beach (the "City") LESSEE: Virginia Beach Professional Baseball, LLC ("VBPB") PREMISES: 120 +/- acres of land located within Princess Anne Commons near the intersection of Princess Anne and Landstown Roads (Portions of GPINs: 1484-87-9998, 1484-86-9245, 1484-87-1819 and 1494-24-9673) TERM: Stadium and Commercial Space - Thirty (30) year land lease Youth Complex - Fifteen (15) year land lease with up to five (5) three- year renewal options, for a total lease term not to exceed thirty (30) years RENT: Rent shall be one dollar ($1.00) per year USE: VBPB's proposal included three parts: Stadium and Commercial Space 0 5,000 seat stadium with 2,000 berm seats and associated parking ¦ Primary tenant: Independent Atlantic League Team ¦ Secondary tenant: Coastal Plain League, a summer wooden bat league • Youth Complex 0 13 lighted diamond fields (10 with artificial turf) and approximately 1,200-space parking lot ¦ Host national, regional and local baseball and softball tournaments Community league games and tournaments Collaborate with CVB Sports Marketing and Parks and Recreation to book tournaments and develop Virginia Beach hotel/restaurant packages for participants • Princess Anne Athletic Complex (PAAC) 0 4 Baseball/Softball Fields ¦ VBPB to construct four (4) new baseball/softball fields for public use. VBPB to have exclusive use of 12 PAAC fields for three (3) weekend tournament events per year, and weekday use before 3 p.m. for training, clinics and camps during those three (3) weeks annually. Page lof 2 RIGHTS AND RESPONSIBILITIES OF LESSEE: • Responsible for all construction, operation and maintenance costs. Final improvements will be made consistent with the Princess Anne Commons Design Guidelines. • Responsible for capi of: o Years 1-5: o Years 6-10: o Years 11-20: o Years 21-30: tal infrastructure renewal and replacement at a contribution $250,000 $350,000 $400,000 $450,000 • Responsible for payment of all applicable taxes and utilities in connection with leasing the Premises. RESPONSIBILITIES OF THE LESSOR: • Incentive payrnents to VBPB equal to a portion of the admissions and real estate and/or leasehold taxes actually paid by VBPB annually at stadium and youth baseball complex at a rate o£ o Years 1-5: 85% with no cap o Years 6-10: 75% with no cap o Years 11-20: 60% with no cap • Widen Landstown Road to serve the new youth complex as well as planned municipal uses of City-owned land within the Interfacility Traffic Area south of Princess Anne Commons. \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\ Wpdocs\D016\P013\00010818. DOC Page 2of 2 -50- Ite»a -VI-K.Sb ORDINANCES/RESOL UTIONS ITEM #63472 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE: b. A Memorandum of Agreement between Hampton Roads Sanitation District (HRSD) and its member localities re the Regional Wet Weather Management Plan Voting: 9-1 Coaincil Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross-Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Coztncil Members Voting Nay: John D. Moss CoTincil Members Absent.• Mayor William D. Sessoms, Jr. Item -VI-K.Sc February 11, 2014 1 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY 2 MANAGER TO EXECUTE, ON BEHALF OF THE CITY OF 3 VIRGINIA BEACH, A MEMORANDUM OF AGREEMENT 4 BETWEEN THE HAMPTON ROADS SANITATION DISTRICT AND 5 ITS MEMBER LOCALITIES PERTAINING TO THE FUNDING AND 6 IMPLEMENTATION OF THE REGIONAL WET WEATHER 7 MANAGEMENT PLAN 8 9 10 WHEREAS, Hampton Roads Sanitation District ("HRSD") provides wastewater 11 transmission and treatment services for the cities of Chesapeake, Hampton, Newport News, 12 Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg; the Town of 13 Smithfield; and the counties of Gloucester, Isle of Wight, and York; and the James City Service 14 Authority (each a"Locality" and collectively, the "Localities"); and 15 16 WHEREAS, the Localities individually own and operate sanitary sewer collection 17 systems, which collect sewage within their individual jurisdictional boundaries and deliver it to 18 the HRSD sewer system for conveyance and treatment; and 19 20 WHEREAS, the Localities, including Virginia Beach, are required pursuant to the 21 Special Order By Consent, as amended, issued by the Virginia Water Control Board on 22 September 26, 2007 to develop a Regional Wet Weather Management Plan ("RWWMP") that 23 will ensure adequate wet weather sewer capacity in HRSD's portion of the regional sewer 24 system; and 25 26 WHEREAS, during the ongoing planning for the RWWMP, HRSD and the Localities 27 conducted a study to determine if HRSD's ownership of the Localities' sewer systems would 28 provide significant capital and operational cost savings to the region's ratepayers under the 29 RINWMP; and 30 31 WHEREAS, the regional study, which was completed in the summer of 2013, estimated 32 that HRSD's ownership of the regional sewers could potentially save the overall region's 33 ratepayers more than One Billion Dollars over a 30-year period in capital and 34 operation/maintenance costs, as compared to a scenario where HRSD and the Localities 35 independently seek to address wet weather capacity needs, although the amount of savings 36 varied significantly among the Localities; and 37 38 WHEREAS, full regionalization of the Localities' sewer systems is unlikely at this time 39 for a variety of reasons; 40 41 WHEREAS, a significant portion of the estimated savings from full regionalization can 42 nevertheless be obtained for the benefit of the region's ratepayers if HRSD agrees to take sole 43 responsibility for financing and implementing the approved RVWVMP across the entire regional 44 sewer system; and 45 46 WHEREAS, the Localities and HRSD have negotiated a proposed Memorandum of 47 Agreement setting forth the duties and responsibilities of the parties thereto regarding HRSD's 48 assumption of sole responsibility for financing and implementing the approved RVWVMP 49 across the entire regional sewer system; and 50 51 WHEREAS, the City Council finds that the City's obligations under the proposed 52 Memorandum of Agreement are fair and reasonable and that the benefits of entering into the 53 said Memorandum of Agreement, including the anticipated future cost savings to HRSD's 54 ratepayers within the City, significantly exceed the City's cost of perForming its obligations 55 thereunder; 56 57 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 58 VIRGINIA BEACH: 59 60 That the City Manager is hereby authorized and directed to execute on behalf of the 61 City of Virginia Beach the aforesaid Memorandum of Agreement, a Summary of the Material 62 Terms of which has been exhibited to the City Council and a true copy of which is on file in the 63 Department of Public Utilities. 64 65 iith 66 Fe b rAg$gted by the City Council of the City of Virginia Beach on the day of 67 , 2014. 68 69 70 71 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICI NCY: 72 . 73 W?hVtAf . 74 75 Public Utilities Department City Attorney's O ice 76 77 CA-12878 78 January 17, 2014 79 R-3 2 MEMORANDUM OF AGREEMENT HAMPTON ROADS SANITATION DISTRICT AND THE CITY OF VIRGINIA BEACH SUMMARY OF MATERIAL TERMS PARTIES: All Hampton Roads localities, including the City of Virginia Beach, and HRSD SUBJECT: An agreement in which HRSD agrees to assume overall responsibility for development and implementation of the Regional Wet Weather Management Plan (RWWMP) PURPOSE: To define the roles, responsibilities, and obligations of HRSD and the Localities with respect to the development, financing, and implementation of the RWWMP and to identify the areas of mutual cooperation and support required of the parties. CITY OBLIGATIONS: Maintain and operate the sanitary sewer collection system and any improvements made by HRSD, in accordance with the City's approved management, operation and maintenance (MOM) plan; 2. Cooperate with HRSD, including the provision of sanitary sewer system data, timely processing of permits and approvals, and reasonable accommodation of contractor requests to facilitate HRSD's development and implementation of the RWWMP; 3. Cooperate with HRSD, the other localities, and DEQ to modify HRSD's federal Consent Decree, and the locality Regional Order of Consent to make them consistent with this agreement; HRSD OBLIGATIONS: 1. Develop, implement, and fund (thru a uniform charge to its customers), an affordable and cost-effective RWWMP; 2. After constructing a project, provide record drawings and other related information to Virginia Beach, obtain and enforce warranties for the work, and convey the project and related assets to Virginia Beach; 3. After implementing the RWWMP, assume responsibility for capacity related issues, regulatory liability, and reasonable third-party liability for capacity related wet weather overflows, as defined by the RWWMP; 4. Coordinate and cooperate with Virginia Beach, including complying with local ordinances, regulations, policies, design standards, and local preferences in the development and implementation of the RWWMP; 5. Cooperate with Virginia Beach, the other localities, and DEQ to modify HRSD's federal Consent Decree, and the locality Regional Order of Consent to make them consistent with this agreement; OTHER: This Agreement shall terminate if HRSD's Federal Consent Decree is not amended as contemplated by this agreement, or if the State Special Order by Consent is not amended to relieve the Localities of any obligation to develop, fund, and implement independent Regional Wet Weather Management Plans, or upon the written agreement of all Parties. -51- ORDINANCES/RESOL UTIONS ITEM #63473 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE: c. A Deed of Release and Exchange re an Agricultural Lands Preservation (ARP) easement for the Ralph Lee Frost family at Land of Promise and Blackwater Roads DISTRICT 7- PRINCESS ANNE Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Coaincil Members Absent: Mayor William D. Sessoms, Jr. COUNCIL LADYHENLEYDISCLOSED ONITEM #Sc (ARP - RALPH FROST FAMILY) she owns [and in the ARP area and the City Attorney advised it is NOT NECESSARY for her to ABSTAIN. Council Lady Henley's correspondence of February 11, 2014, is hereby made a part of the record. February 11, 2014 1 AN ORDINANCE AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE A DEED OF 3 RELEASE AND EXCHANGE PERTAINING TO AN 4 AGRICULTURAL LANDS PRESERVATION 5 EASEMENT LOCATED ON LAND OF RALPH LEE 6 FROST FAMILY TRUST AND ON LAND OF IRENE T. 7 FROST TRUST 8 9 WHEREAS, on April 23, 1997, the City of Virginia Beach (the "City") and Ralph Lee Frost, 10 Trustee of the Ralph Lee Frost Trust under Declaration of Trust dated December 14, 1990 11 ("Ralph Frost Trust") entered into IPA #1997-1, whereby the City acquired an Agricultural Lands 12 Preservation Easement ("Preservation Easement") upon certain property owned by Ralph Frost 13 Trust; 14 15 WHEREAS, as part of the aforesaid transaction, Ralph Frost Trust reserved for future 16 development a portion of the property having an area of 3.000 acres, more or less, such that the 17 Preservation Easement does not encumber the reserved area; 18 19 WHEREAS, on April 23, 1997, the City of Virginia Beach (the "City") and Irene T. Frost 20 ("Irene Frost") entered into IPA #1997-3 whereby the City acquired a Preservation Easement 21 upon certain properly owned by Irene Frost; 22 23 WHEREAS, by deed recorded as Instrument Number 20100608000559720, the successor 24 trustees of Ralph Frost Trust conveyed its land to the successor trustees of the Ralph Lee Frost 25 Family Trust ("Family Trust") subject to the Preservation Easement; 26 27 WHEREAS, by deed recorded as Instrument Number 20081016001206200, Irene Frost 28 conveyed her land to Irene T. Frost, Trustee of the Irene T. Frost Trust dated December 14, 1990 29 ("Irene Frost Trust"), subject to the Preservation Easement; 30 31 WHEREAS, the Family Trust and the Irene Frost Trust desire to exchange one area of 32 land not encumbered by the Preservation Easement for another area of land which is to be 33 encumbered by the Preservation Easement, as shown on the attached plat entitled "Exhibit 34 showing Amended Easement Exception Site on A Portion of the Property of the Ralph Lee Frost 35 Family Trustee I.N. 20100608000559720 M.B.144 P. 35 and the Irene T. Frost Trust I.N. 36 20081016001206200 M.B. 144 P. 35 for the City of Virginia Beach Agricultural Reserve Program 37 Virginia Beach, Virginia", Scale: 1" = 60', dated November 22, 2013; 38 39 WHEREAS, a portion of the land to be released from the Preservation Easement is on 40 property owned by Irene Frost Trust and the remainder of land to be released from the 41 Preservation Easement is on property owned by the Family Trust; 42 43 WHEREAS, pursuant to Section 11 of the Agricultural Lands Preservation Ordinance 44 (hereinafter "Ordinance"), a landowner may petition the City Council for the extinguishment of a 45 Preservation Easement in exchange for the conveyance to the City of a Preservation Easement 46 on a different portion of the landowner's property, under certain conditions set forth in the 47 Ordinance; and 48 WHEREAS, the Ordinance provides that the City Council shall approve such an exchange 49 if it makes certain findings enumerated in the Ordinance; and 50 51 WHEREAS, the City Council does hereby make such findings, to-wit: 52 53 (1) the acquisition of the proposed Preservation Easement in lieu of the existing 54 Preservation Easement does not adversely affect the City's interests in accomplishing the 55 purposes of the Ordinance; 56 57 (2) the proposed Preservation Easement area meets all of the eligibility requirements 58 set forth in Section 7 of the Ordinance; 59 60 (3) the land to be encumbered by the proposed Preservation Easement is of at least 61 equal fair market value, is of greater value as permanent open space, and of as nearly as 62 feasible equivalent usefulness and location for use as permanent open-space land as the 63 property on which the existing Preservation Easement is located; and 64 65 (4) the consideration for the acquisition of the new Preservation Easement consists 66 solely of the extinguishment of the existing Preservation Easement. 67 68 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 69 VIRGINIA BEACH: 70 71 That subject to the determination of the City Attorney that there are no defects in title to 72 the property to be placed under the Preservation Easement or other restrictions or encumbrances 73 thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, the 74 City Manager be, and hereby is, authorized and directed to execute the necessary documents 75 pursuant to which the City releases the existing Preservation Easement on a portion of the 76 properties, as shown on the aforesaid plat, and acquires, in exchange therefore, land greater in 77 area to be placed under the Preservation Easement, as shown on such plat. 78 79 Ado ted by the City Council of the City of Virginia Beach, Virginia, on thisl 1 t h day of $0 Februar? 2014. , APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Dept. of Agriculture ?,t;?7C:(? ?: ?/'V?Z,????U? City Attorney CA12773 X:\OID\REAL ESTATEWRP\Baum-Exchange\arpexchangeordin.doc R-1 January 16, 2014 ? S ? Za V J?n o? <o: s\ 6g ? ?? g1 I ? i TER ROAD ?5? BLACKWA iu.a. ,,4 v. ss? ?g 3= a o? ? ` 7% Q r W 2 X W ?g W8 a m ?- ? a U > m ? _ i 4 F F- - LLP o } ? <0 ? a R ? F ?? Fg ? ? ? ? LL.r^ sz ?a ° Z ? ? $a L7 oa ??y = $ ` W O a 1O x II) F O? ? C ? ? n^ Q ? W?g°zd m=0 5?, ?j aO om ? m g ? Z F N? ° N? ? _ 0 ai F: ? a = x ? W W V ? X W ar ? ? ? vi W W ` 3 ? ? Q iT 0 °??i roo N= ; ?? a It O ' o ? Q J CS ! ,\i ?? , ?T;si, I ?\ J O F y`{ I; U ?& X yW LLJ H 1? W ? w tl=?_ a ff . ? ?R a? I b gg ? ?` m ? yn ?I? ° LL . Waa v 2 "o,?•iy? y? m?m ?v x1 - ? I ? C Yh !?j' ? °o n I I e).57 ti z ? Q a > ^) O } ? Q r ?a ? W V _< J(V O ? n J N ? U n Q Q h M Q,°'. a m r°9i a m m . ? ? ? °o ? F - ? ?,. ? b- z Q V LL OW?W ti CW?W li W WN QatA ? QQy ? rr w J LO ?? J 0 ?? J ? W°4 ^ aw? ? awa N? W y? v W N trj v Wv ad' QK cc ? L n ? y ? d ? c T t a ?? Q. ? N ------r ? M • £ r i Z C LL Z O ? a a ? ? J v ? ?EI i. " ? M GJ 3 N ? 00 !0 O ++ LL Cp ? Q a? o = Z a i a C7 ? G?! M J H ^ ? Q i N M ? p,q Q ? K £ O A li q* Q Z 0 ? G7 . a o LL ? E g a ?- ? City of Virgiriia Beach . .?-?. . ? Yp - ?2 w ?y9? e? s ?F OUR NAl'oNS BARBARA M.HENLEY CITY COUNCIL MEMBER - PRINCESS ANNE - DISTRICT 7 In Reply Refer to 0051193 February 11, 2014 Mrs. Ruth I-Iodges Fraser, MMC City Clerk Municipal Center Vi?•ginia Beach, Virginia 23456 VBgOV.COIII PHONE: (757) 426-7501 BARBARA@BARBARAHENLEY.COM Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(H) llcar Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declarations: l. I am executing this written disclosure regarding City Council's discussion and vote on the ordinance to amend section 401 of the City Zoning Ordinance pertaining to farm stands in agricultural districts. 2. I have an ownership interest in Henley Parm, L.Y., and its principal office address is 3513 Charity Neck Road, Virginia F3each, Virginia 23456. Henley Farm, L.P. operates farin stands in the City's agricultural districts. 3. I ain amember of a group of three or more pei-sons-owncrs of businesses that operate farm stands in the City's agricultural districts--the members of which are affected by the transaction. 4. I ain able to participate in this transaction fairly, objectively, and in the public interest. 3513 CHARITY NECK ROAD, VIRGINIA BEACH, VIRGINIA 23456 Mrs. Ruth Hodges Fraser -2- February 11, 2014 Re: Diselosure Pursuant to Conflict of Interests flct § 2.2-3115(H) Accordingly, I respectfully requcst that you i-ccord this declaration in the officia] recoi°ds of City Council. Sincerely, ?,.. ?. Barbara M. Henley Councilmember BML-I/RRI -52- Iteni -VI-K.Sd ORDINANCES/RESOL UTIONS ITEM #63474 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE.• d. A Utility Service AgYeement with the City of Chesapeake re the provision of sewer and water services to Charlestown Shores Voting.• 10-0 Council Members Yoting Aye. Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. February 11, 2014 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A UTILITY SERVICE 3 AGREEMENT BETWEEN THE CITY OF VIRGINIA 4 BEACH AND THE CITY OF CHESAPEAKE FOR 5 THE PROVISION OF SEWER AND WATER 6 SERVICES TO CHARLESTOWN SHORES 7 8 WHEREAS, Centerville II (the "Developer") owns and is developing a residential 9 development containing approximately 17.365 acres, to be known as Charlestown 10 Shores located within the boundaries of the City of Chesapeake ("Chesapeake"), near 11 the boundary between Chesapeake and the City of Virginia Beach ("Virginia Beach"); 12 13 WHEREAS, Chesapeake desires for the lots located in Charlestown Shores to 14 be served by municipal sewer and water, but does not have facilities available to 15 provide said services; 16 17 WHEREAS, Virginia Beach desires to cooperate with Chesapeake and enter into 18 a Utility Service Agreement to provide necessary services, based on the terms and 19 conditions set forth in the Summary of Terms, attached hereto as Exhibit A; 20 21 WHEREAS, upon completion of design and installation of the necessary sewage 22 collection facilities and potable water distribution facilities (the "Facilities") within 23 Charlestown Shores, the Developer will dedicate the same to Virginia Beach; and 24 25 WHEREAS, the Facilities will become a part of the Virginia Beach Public Utilities 26 System, and Virginia Beach will have the right to provide water services and sewer 27 services and collect the related fees. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 That the City Manager is hereby authorized to execute a Utility Service 33 Agreement befinreen the City of Virginia Beach and the City of Chesapeake governing 34 the terms and conditions of the operation and maintenance of the Facilities to service 35 Charlestown Shores, located within the City of Chesapeake, in accordance with the 36 Summary of Terms attached hereto as Exhibit A, and made a part hereof, and such 37 other terms, conditions or modifications as may be acceptable to the City Manager and 38 in a form deemed satisfactory by the City Attorney. 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th 41 day of February , 2014. APPROVED AS TO CONTENT: 7;T Dept. of Public Utilities t CA12758 \\vbgov.com\dfsl \applications\citylawprod\cycom32\wpdocs\d011\p012\00033726.doc R-1 January 17, 2014 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney EXHIBIT A SUMMARY OF TERMS UTILITY SERVICE AGREEMENT FOR CHARLESTOWN SHORES (CHESAPEAKE, VIRGINIA) PARTIES: City of Virginia Beach ("Virginia Beach"), City of Chesapeake ("Chesapeake"), and Centerville II, LLC ("Developer") DEVELOPMENT: Approximately 17.365 acres to be developed into a residential community to be known as Charlestown Shores located within the boundaries of Chesapeake near the boundary of Chesapeake and Virginia Beach FACILITIES AND SERVICES: Virginia Beach to own sewage collection facilities and potable water distribution facilities ("Facilities") to provide water and sewer services to the Development RIGHTS AND RESPONSIBILITIES OF CHESAPEAKE: • Allow Virginia Beach City Code governing water and sewer services and fees to be in full force and effect in the Development. • Expedite any permits needed and apply the same criteria thereto as if the Chesapeake Department of Public Utilities were the applicant. RIGHTS AND RESPONSIBILITIES OF VIRGINIA BEACH: • Facilities shall become a part of the Virginia Beach Public Utilities System. • Shall have the right to provide water service and sewer service to the Development and collect from the residents the normal and standard fees. • Shall have perpetual access within Chesapeake's streets, easements, and rights-of-way as necessary for maintenance of the Facilities. RIGHTS AND RESPONSIBILITIES OF DEVELOPER: • Shall be responsible for obtaining compliance with all applicable ordinances pertaining to the Development. • Shall design and install the Facilities for the Development in accordance with the standards and specification of Virginia Beach Dept. of Public Utilities. • Shall dedicate the Facilities to Virginia Beach upon completion. a Q ? z 0 a V O ? z ?j CL z 0 Cl? ?...... ? ? ? m D (j) z 0 ? ? ? ...... ? m ? Cl) ? w cc ?? ? ?? ?? z 3:: ? F- a) w ..I ? ? ? ? ? z C) oc ? u.i ? ? ? a. C/3 W ? ? % ! ?! ii s SUBDMSION PLAN ?p??? o ' 0 6 ? ?n' ?'?O? a??s ? ?I.II?IVIVIY I"' ; °•I N CHESAPEAKF- VFr" ? ?. ? \ ?! pr t- ?" .,? EDE ? • \'+a;.'?'?" ???? .-- ? u ? P O FE OP IN NAINMI EW;N W1Y IqT f E6d35 NRfN .WOFf1CptOf .SMEM ?SSOf.M -53- Iteiri -VI-K.6a/b ORDINANCES/RESOL UTIONS ITEM #63475 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, CAPE HENRY LIGHTHOUSE Phase II restoration project: a. Resolution to AUTHORIZE and EXECUTE Agreements Ye: Administration b. Ordinance to ACCEPT and APPROPRIATE $200, 000 Voting: 1 0-0 Council Members Yoting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Poting Nay: None Coaincil Members Absent.• Mayor William D. Sessoms, Jr. February 11, 2014 1 A RESOLUTION AUTHORIZING THE CITY 2 MANAGER TO EXECUTE TWO 3 AGREEMENTS FOR THE ADMINISTRATION 4 OF THE CAPE HENRY LIGHTHOUSE 5 RESTORATION PROJECT 6 7 WHEREAS, the Virginia Department of Transportation ("VDOT") awarded 8 funding for a grant under the Federal Intermodal Surface Transportation Efficiency Act 9 ("ISTEA") to the City for a two hundred thousand dollar ($200,000) project for the 10 restoration of the Cape Henry Lighthouse ("Lighthouse") in July 1994; and 11 12 WHEREAS, the Lighthouse is owned by the Association for the Preservation of 13 Virginia Antiquities ("Preservation Virginia"); and 14 15 WHEREAS, the Lighthouse Restoration Project ("Project") was designed to 16 provide restoration and preservation to the exterior structure of the lighthouse, and to 17 improve the access and safety of visitors climbing to the top of the structure; and 18 19 WHEREAS, on June 23, 1998, the City and VDOT entered into a project 20 administration agreement for expenditures to be reimbursed by VDOT under the ISTEA 21 grant for the restoration of the Lighthouse ("VDOT Agreement"); and 22 23 WHEREAS, on May 1, 1998, the City and Preservation Virginia entered into a 24 written agreement for the restoration of the Lighthouse ("AgreemenY'); and 25 26 WHEREAS, Phase I of the Project was completed in 2002 and provided 27 improved access to the top of the Lighthouse; and 28 29 WHEREAS, Phase II of the Project was intended to restore the base of the 30 Lighthouse, and work was not completed under the Agreement; and 31 32 WHEREAS, in 2011, VDOT awarded funding to the City for a grant under ISTEA 33 for approximately one hundred ninety-five thousand dollars ($195,000) for the Project; 34 and 35 36 WHEREAS, the grant required a twenty percent (20%) match of estimated 37 project costs, or eighty-eight thousand seven hundred fifty dollars ($88,750), from the 38 local sponsor; and 39 40 WHEREAS, Preservation Virginia, as the owner of the Lighthouse, agreed to 41 provide the twenty percent (20%) match and in March 2012, in furtherance of continuing 42 Phase II of the Project, the City and Preservation Virginia entered into an agreement to 43 memorialize their respective obligations pursuant to the 2011 grant; and 44 45 WHEREAS, also in March 2012, the City and VDOT executed an agreement for 46 expenditures to be reimbursed by VDOT under the ISTEA grant for the Project; and 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 WHEREAS, most recently, in June 2013, VDOT awarded additional funding to the City for a grant under the ISTEA successor program, Moving Ahead for Progress in the 21 St Century ("MAP-21 "), for approximately $160,000 to complete Phase II of the Project; and WHEREAS, the grant again requires a twenty percent (20%) match of estimated project costs, or forty thousand dollars ($40,000), from the local sponsor; and WHEREAS, Preservation Virginia has again agreed to provide the twenty percent (20%) match; and WHEREAS, the City and Preservation Virginia wish to amend their March 2012 agreement to memorialize their respective obligations pursuant to the new, MAP-21 grant award; and WHEREAS, the City is preparing to enter into an agreement with VDOT for expenditures to be reimbursed by VDOT under the ISTEA/MAP-21 grant for the Project totaling six hundred forty-four thousand and ninety dollars ($644,090,000); and WHEREAS, this Project will provide additional funding for restoration and preservation of the base of the Lighthouse. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager hereby is authorized to execute (1) an Agreement between the City of Virginia Beach and Virginia Department of Transportation for the administration of the Cape Henry Lighthouse Restoration Project; and (2) a First Amendment to the Agreement between the City of Virginia Beach and the Association for the Preservation of Virginia Antiquities for Renovations to Cape Henry Lighthouse. Adopted by the Council of the City of Virginia Beach, Virginia, on the i i th day Of February , 2014. APPROVED AS TO CONTENT A r n ? ?- 6?tll? Department of Museums APPROVED AS TO LEGAL SUFFICIENCY: A."y I City Attorney's ffice CA 12865 R-3 February 3, 2014 Summary of Terms f'ii-st Amendiiient to Agreement Between the City of Virginia E3each and the Association for the Preservation of Virginia Antiquities for Renovations to Cape Hen?y Lighthouse Term: Agreement is effective upon execution, and expires on Dccember 31, 2019. Responsibilities of'Preservation Virginia: • In addition to obligations set forth in the original Agreement, Preservation Virginia shall provide additional funding for the Project in the amount of $40,000. • Pay City's invoices within 20 days of receipt. Responsibilities of the City: • Bill Preservation Virginia in the amount of $17,750 on March 28, 2017 and March 28, 2018, and $4,500 on March 28, 2019. • Use additional funding in furtherance of the recommendations set forth in, "Cape I-Ieniy Lighthouse ISTEA Funded Improvements," as prepared by Preservation Virginia in 2010. .?( C)py! . ? COLPYlVJLi1'L. v W81ALA H of VM.RGYNIIA DEPARTMENT OFTRANSPORTATION 5401 EAST BROAD STREET RICWMOND, ViRGINIA 23219-2060 GREGORY A. WHIRLEY COMMISSIONER OF HVGHWAYS Scpternber 16, 2013 Ntr. Mark A. keed Historic Resources Coordinator Cit?y of Virgiriia Beach 3131 Virginia Beach Boulevard Vir-inia Beach, VA 23452 SUB:IECT: EN94-134-V21 (UPC 15149/104050) City of Virgiliia Beach, Cape Heiiry Lighthoase 'l,ransmittal of Revised Appendix A I)ear V1r. Reed: Ericlused are three (3) copies of 1;he revised Appendix A for the subject project. This revision to Appeiidix A addresses therecent $160,000 TranspoT-tation Alt.ernatives Progr,un allocation by the ConunonN-ve.altll T'ransportat:ion Board in June 201 ?. Aft ;r yorar review, ple.ase sign and return all copics to this oltice. Unce fuily executed, a copy wilJ be sent to you -Cor- yqur recor.ds. Please do not besitate t« call me at. (404) 786-7399 if you haveany questions. Since?ely, ? ?. ai ?a «illiams Enki,ulcerrient 1'rogram Mailaber Appendix A Project Number: EN94-134-V21 UPC; 151491104050 Locality: City of Virginia Beach Project Location ZIP+4: 23451-8048 Locality DUNS# 074736299 Locality Address (incl ZIP+4): 23452-6923 . . Scope: Restoration oi Cape Henry l.ighthouse in Virginia Beach Locality Project Manager Contatt Info: Mark A. Reed, Historic Resources Coordinator, City of Virginia Beach, 3131 Virginia Beach 8oulevard, Virginia Beach, VA 23452, (757)385-5104, mreedgvbqov.com DeparEment Project Coordinator Contact Info: Anthony Gibson, Hampton Roads District, Anthonv Glbson(cDVDoT.Vfrainia. ov (757)925-1635 Pil Phase Estimated Project Costs Estimated Eligible Project Gosts Estimated Eligible VDOT Project Expenses Reimbursement to Locality Preliminary Engineering $201,329 Right of Way 8 Utilities $0 Construction $442,761 ............, Total Estimated Cost $644,090 $515,000 $15,000 $340,000 Total Maximum Reimbursemenf ! Pa ment b Locality to VDOT NIA Total Maximum Reimbursement b VDOT to Localit $355,060 . .. . . . ..?,-r..dar, . . .L' A B C D E 7ransportation Enhancement(BO%) Transportation Alternatives (80%) Local Match (20%) Local Funds (100%) Aggregate Allocations (A+B+C) $355, 000 $160, 000 $128, 750 $340 $644, 090 I • This project shall be administered in accordance with VDOT's Localiy Administered Projects Manual and 7ransportation Alternatives Program Guide . Any expenses above the combined federal (80%) and iocai (minimum 20% match) will be at 100% project sponsor cost. 100% of eligible VDO7 project expenses wili be recovered as follows: • 20°/ wVil be deducted from reimbursement requesis. • 80'o will be deducted from the Federal EnhancemenUAltematives allocation amount. ny ineligible items identified throughout project development will noi be reimbursablo. For Transportation EnhancemenVAlternatives projecls, the LOCAL{TY shall maintain the Project, or have it mainfained, in a manner satisfactory to the Depariment or Its authorized represenlatives, and make ample provision each year for such maintenance unless olherwise agreed to by the Department In accordance with CTB policy, the project must be compleled and the $515,000 EnhancementlAltematives al{ocation expended by October 1, 2016 or the project may be subject to de-allocation. t his attachment is certifled and made an officia! attachment to this document by the parfies to this agreement Authorized Locality Official and date Authorized VDOT Otficial Recommendation and Date Typed or printed name of person signing Typed or prinied name of person signing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO ACCEPT AND APPROPRIATE FEDERAL AND MISCELLANEOUS REVENUE TO CIP #9- 276 CAPE HENRY LIGHTHOUSE RESTORATION - PHASE II BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $160,000 federal pass-through revenue is hereby accepted from the Virginia Department of Transportation and appropriated, with estimated federal revenue increased accordingly, to CIP 9-276 Cape Henry Lighthouse Restoration - Phase II; and 2. That $40,000 is hereby accepted from the Association for the Preservation of Virginia Antiquities and appropriated, with estimated miscellaneous revenue increased accordingly, to CIP 9-276 Cape Henry Lighthouse Restoration - Phase II. Adopted by the Council of the City of Virginia Beach, Virginia on the >> r h day of February 2014. Requires an affirmative vote by a majority of all members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ?'- ?. a _ GBudget and Management Serv' es 't y's ice CA12872 R-1 December 30, 2013 -54- Item -VI-K.7 ORDINANCES/RESOL UTIONS ITEM #63476 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to GRANT Franchise Agreements to Gold Key/PHR Food Services, LLC re Open Air Cafes at 3315 Atlantic Avenue Voting: 10-0 Coaincil Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Cocancil Members Voting Nay: None Council Members Absent.• Mayor William D. Sessoms, Jr. February 11, 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 AN ORDINANCE GRANTING TWO FRANCHISE AGREEMENTS TO GOLD KEY/PHR FOOD SERVICES, LLC FOR AN OPEN AIR CAFE IN THE RESORT AREA WHEREAS, by resolution adopted November 15, 1985, City Council authorized the City Manager to promulgate Open Air Cafe Regulations, which have been amended from time to time, for the operation of open air cafes on public property; and WHEREAS, the City Council has traditionally granted initial franchises for one- year terms; and WHEREAS, if an open air cafe is successfully operated during the initial one- year term, the franchisee may return to Council and request a five-year franchise agreement; and WHEREAS, Gold Key/PHR Food Services, LLC is seeking finro one-year franchise agreements for 1) a Connector Park Cafe; and 2) a Boardwalk Cafe, both located at 3315 Atlantic Avenue; and WHEREAS, the franchise agreements will each have one-year terms; and WHEREAS, the Strategic Growth Area Office recommends that the above- named entity be granted two open air cafe franchise agreements. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Council hereby grants two one-year franchise agreements to Gold Key/PHR Food Services, LLC for operation of a Connector Park Cafe and a Boardwalk Cafe, both located at 3315 Atlantic Avenue. Adopted by the City Council of Virginia Beach, Virginia on this 11 th day of February , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: :;,? , J?'? • t ategic G owth Area ffic City Attorney's Off16 CA12875 R-2 February 4, 2014 -55- Item -VI-K.8a/b ORDINANCES/RESOL UTIONS ITEM #63477 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Resolutions Ye the Virginia Department of Transportation (VDOT) Urban Maintenance payments: a. ACCEPT additional streets b. CORRECT Road Inventory Yoting: 10-0 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. None Coiincil Members Absent.• Mayor William D. Sessoms, Jr. February 11, 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 A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT ADDITIONAL STREETS FOR URBAN MAINTENANCE PAYMENTS WHEREAS, the Virginia Department of Transportation requires a City Council resolution prior to accepting additional streets for urban maintenance payments; and WHEREAS, the 30.00 (Local/Collector) lane miles of streets listed on Exhibit A (attached) have been constructed in accordance with standards established by the Virginia Department of Transportation; and WHEREAS, the City of Virginia Beach has accepted and agreed to maintain these streets; and WHEREAS, a representative from the Virginia Department of Transportation has inspected and approved these streets. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby requests the Virginia Department of Transportation to accept the streets listed on Exhibit A, attached hereto and incorporated by reference, and to begin paying urban maintenance payments to the City of Virginia Beach based on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 thday of February , 2014. APPROVED AS TO CONTENT P. !t , ? Public Works APPROVEQ AS TO LEGAL SUFFICIENCY: v-?Attorneas O ice CA12870 R-1 December 30, 2013 City of Virginia Beach Exhibit A- New Streets Public Works / Operations LOCAL AMBER BAY CT CHELSEA GREEN DR S CUL-DE-SAC 0.12 LOCAL APIARY CT LONDON BRIDGE RD E CUL DE SAC 0.44 LOCAL ARMON AV ANSOL LA N CUL-DE-SAC 0.36 LOCAL BANK ST INDEPENDENCE BLVD MARKET ST 0.10 LOCAL BANK ST MARKET ST CENTRAL PARK AV 0.05 LOCAL BASSETT AV ROBERT JACKSON DR DEAD END 0.44 LOCAL BEACHTOWN DR ATLANTIS DR HOPE AV 0.10 LOCAL BEAGLE WAY N CUL DE SAC E CUL DE SAC 0.46 LOCAL BEECHWALK DR LOVE CT N DEAD END 0.42 LOCAL BETULA CT CHELSEA GREEN DR S CUL-DE-SAC 0.08 LOCAL BITTER ROOT CT CHELSEA GREEN DR N CUL-DE-SAC 0.10 LOCAL BLACKSTONE CT BLACKSTONE TR CUL-DE-SAC 014 LOCAL BLADE CT CORBIN DR CITY LINE 0.04 LOCAL BLITZ CT BLACKSTONE TR CUIrDE-SAC 0.14 LOCAL BLUEFISH LA SANDPIPER RD (NB) W DEAD END 0.14 LOCAL BLUEMONT CT COVENTRY RD W CUL-DE-SAC 014 LOCAL BOSCO CT BLACKSTONE TRL CUL-DE-SAC 0.14 LOCAL BRESLAW CT BLACKSTONE TRL CUL-DE-SAC 014 LOCAL BRIAN AV CLEVELAND ST EUCLID RD 0.14 LOCAL BROOKLYN AV S BIRDNECK RD CUL-DE-SAC 0.28 LOCAL BROOKLYN CT BROOKLYN AV CUL-DE-SAC 0.18 LOCAL BUTLER LA SAN MARCO RD N CUL DE SAC 0.14 LOCAL CADBURY CI BILTMORE DR CUL-DE-SAC 0.06 LOCAL CANDY TUFT CT CHELSEA GREEN DR N CUL-DE-SAC 0.04 LOCAL CARISSA CT S BIRDNECK RD E CUL-DE-SAC 0.10 LOCAL CARLSBAD CT ARTESIA WY W CUL-DE-SAC 0.14 LOCAL CATFISH RD DRUM POINT ROAD CUL-DE-SAC 0.35 LOCAL CENTRE POINTE DR BAXTER RD S DEAD END 034 LOCAL CERETA WAY HOLLAND RD BEAGLE WAY 0.10 LOCAL CHANNEL POINTS LN ADAM KEELING RD DEAD END 0.16 LOCAL CHAPPELL PL HARRIS POINT DR S CUL-DE-SAC 0.12 LOCAL CHELSEA GREEN DR CUL-DE-SAC CUL-DE-SAC 1.10 LOCAL CHICK'S BEACH CT GREENWELL RD N CUL-DE-SAC 0.20 LOCAL CHIPPENHAM RD E HARRIS POINT DR CUL-DE-SAC 0.10 LOCAL COASTAL DR VIRGINIA DARE DR W CUL-DE-SAC 0.26 LOCAL COLLECTION CREBK WY FIRST COLONIAL RD (SB) DEAD END 0.08 Tuesday, January 14, 2014 Page 1 of 4 LOCAL COMMERCE ST INDEPENDENCE BLVD MARKET ST 0.20 LOCAL COMMERCE ST MARKET ST CENTRAL PARK AV 010 LOCAL COMMLJNICATIONS C[ SHELL RD W DEAD END 0.12 LOCAL CORRENTE LN LAS BRISAS DR CUL-DE-SAC 026 LOCAL CRIPPLE CREEK CT VIRGINIA BEACH BL N DEAD END 0.16 LOCAL DEDI CT BLACKSTONE TRL CUL DE SAC 0.10 LOCAL DEKOLTA CT BLACKSTONE TRL CUL-DE-SAC 0.10 LOCAL DEL HAVEN CT RICHARDSON RD S CUL DE SAC 016 LOCAL DINWIDDIE RD LOCKHAVEN CR SEA GULL BLUFF DR 0.54 LOCAL DITCHLEY RD YORK LA BRUTON LA 0.31 LOCAL DODGE DR LARK ST SILINA DR (WB) 0.18 LOCAL DORSET AV SOUTHERN BL N CUL-DE-SAC 0.18 LOCAL EBB TIDG RD SHORE DR (WB) OCEAN SHORE AV 0.22 LOCAL EDENTON CT BERNADOTTE ST S CUL-DE-SAC 0.18 LOCAL EDINBURGH PL EDINBURGH DR CUL-DE-SAC 0.04 LOCAL EGO DR LAVERGNE LA AIR STATION DR 0.44 LOCAL ELBA ST LYNNSHORE DR CUL-DE-SAC 0.12 LOCAL EMPIRE PASSAGE CT ROYALE WALK DR E CUL-DE-SAC 0.06 LOCAL EVAR PL CULVER LA S CUL DE SAC 0.20 LOCAL FAIR LADY PL FAIR LADY RD W CUL-DE-SAC 0.10 LOCAL FAIRWEATHER CT CHELSEA GREEN DR S CUL-DE-SAC 0.06 LOCAL FAWKES CT BLACKSTONE TRL CUL-DE-SAC 0.10 LOCAL FOUNDRY LA VIRGINIA BEACH BV CUL-DE-SAC 0.18 LOCAL FRAZEE LN S BIRDNECK RD CUL-DE-SAC 0.10 LOCAL FREIGHT LN PRINCESS ANNE RD DEAD END 0.22 LOCAL GAINES LD SOUTH WOODSIDE LN CUL-DE-SAC 0.28 LOCAL GENERAL CLARK CT DOLTON DR S CUL-DE-SAC 0.06 LOCAL GENESEE WY GREY DOVE LA CENTENNIAL CI 0.18 LOCAL HAWKINS LA NEWTOWN RD (NB) N DEAD END 0.12 LOCAL HOLLADAY RD WITCHDUCK RD N HOLLADAY LA 0.62 LOCAL HORACE AV COLUMBUS ST VIRGINIA BEACH BL 0.24 LOCAL HOUND CT BEAGLE WAY E CUL DE SAC 0.08 LOCAL HUTTON CI OCONEE AV S CUL-DE-SAC 0.16 LOCAL HYDE LA BEADEN DR BEADEN DR 0.16 LOCAL INDIAN CI INDIAN RD CUL-DE-SAC 0.16 I.OCAL INDIAN CREEK CT INDIAN CREEK RD E CUL-DE-SAC 0.32 LOCAL KEPLER BN WASSERMAN DR CUL-DE-SAC 0.48 LOCAL KI.INE DR HARRIS RD CUL-DE-SAC 0.44 LOCAL LILA LN INDIAN RIVER RD END 0.10 Tuesday, January 14, 2014 Page 2 of 4 LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LIONS WY LITCHFIELD CT LITCHFIELD RD LOCKHEED AV LOOKOUTCT LUXOR AV MAIDSTONE CI MARKET ST MARKET ST MARKET ST MARKET ST MASON ST MATHEWS GREEN RD MAY CT MEADOW CREST WY MEETING HOUSE LA MEETING HOUSE RD OAKRIDGE CI OAKUM CREEK CT OLDS LN OYSTER POINT QY PADMA CT PARVATHICT PREST[GE WY PROFESSIONAL CI PROGRESSLA REEDTOWN RD RIO BRAVO BN RNL^R BREEZE CV ROBBINS CT ROYALE WALK DR SCHUMANN DR SMOKEHOUSE RD SPIGEL DR SQUADRON CT STRAWBRIDGE RD STREAMLINE DR N SUMMERVILLE CT SUTTON PL KEMPSVILLE RD LITCHFIELD RD HARRIS RD ATLANTICAV S LOOKOUTRD QUEEN CITY RD 1002 SOUTH BLVD BANK ST COLi.JMBUS ST COMMERCE ST S DEAD END REEDTOWN RD PRINCESS ANNE RD BEAGLE WAY ELBOW RD MEETING HOUSE RD CHURCH POINT RD WEST DEAD END E CUL-DE-SAC S BIRDNECK RD LITTLE NECK PT GREENVIEW DR GREENVIEW DR E CUL DE SAC WHITECHAPEL DR CENTRAL DR MASON LOS COLONIS DR INGRAM RD ROBBINSLA LONDON BRIDGE RD DAVINCI DR. WELL WATER LA SPIGEL DR S TAYLOR FARM RD S DEAD END DEAD END CARVER AV N PROVIDENCE RD SCHOOLPROPERTY CUL-DE-SAC CUL-DE-SAC VANDERBILT AV S CUL-DE-SAC CITY LINE CUL-DE-SAC VIRGINIA BEACH BL COMMERCEST BANK ST COLUMBUSST S CUL-DE-SAC MATHEWS GREEN RD E CUL DE SAC N CUL-DE-SAC CUL-DE-SAC CHURCH POINT RD EAST CUL-DE-SAC W CUL-DE-SAC CUL-DE-SAC CUL-DE-SAC N CUL DE SAC N CUL DE SAC S PLAZA TR INDEPENDENCE CI PRIVATEPROPERTY N CUL-DE-SAC CUL-DE-SAC E CUL-DE-SAC CUL-DE-SAC CHELSEA GREEN DR FIREFALL DR. W DEAD END HALL HAVEN DR E CUL-DE-SAC LONDON BRIDGE RD (SB) FIGHTER DR N CUL DE SAC JAMESTOWN LANDING RD 030 0.14 0.20 0.10 0.08 0.10 0.02 0.12 0.10 0.12 0.08 016 1.18 0.06 0.24 0.40 0.80 0.10 0.30 030 0.06 0.06 0.06 0.26 0.26 0.60 0.36 0.14 0.24 0.04 0.62 0.84 0.46 0.32 0.52 1.02 0.32 0.10 0.04 Tuesday, January 14, 2014 Page 3 of 4 ? New Street Street Typc STREET LOCAL TABLE ROCK LA LOCAL TALL OAK CT LOCAL TALON CT LOCAL TAYLORFARM RD LOCAL THRUSH CT LOCAL TRADEWINDSRD LOCAL TRADING POINT LA LOCAL TRESSLE VIEW PL LOCAL TWEEDSMUIR CT LOCAL VETERINARY WY LOCAL WESLEY DR LOCAL WESTPORTPL LOCAL WESTWARD DR LOCAL WHITETAIL CT LOCAL WHOOPNG CRANE CI LOCAL WILHELM DR TABLE ROCK RD. TALL OAK DR SOUTH MAGIC HOLLOW BLVD. DAM NECK RD BROOKLYN AV LEVEL GREEN BLVD SOUTH LITTLE NECK PT GUM AV S ROYALE WALK DR PRINCESS ANNE RD POTTERS RD (WB) PROVIDENCE RD (EB) E DEAD END GREENLAW DR PURPLE MARTIN LA CASTLE GATE LA IV CUL-DE-SAC CUL-DE-SAC CUL-DE-SAC LONDON BRIDGE RD CUL-DE-SAC CLEAR SPRINGS LN CUL-DE-SAC W CUL-DE-SAC E CUL-DE-SAC W CUL DE SAC W CUL DE SAC JAMESTOWN LANDING RD FIRESIDE LN CUL-DE-SAC N CUL DE SAC BOMBAYLD Total Lane Miles of LOCAL streets : 30_00 Total Lane Miles of New Street : 30.00 0.14 0.10 0.10 0.30 0.16 0.78 022 0.18 0.06 0.12 0.34 0.06 0.05 0.08 0.16 0.66 Tuesday, January 14, 2014 Page 4 of 4 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO 3 ACCEPT CORRECTIONS TO THE ROAD 4 INVENTORY FOR URBAN MAINTENANCE 5 PAYMENTS 6 7 WHEREAS, the Virginia Department of Transportation requires a City Council 8 resolution prior to accepting corrections or deletions to the revised road inventory for 9 urban maintenance payments; 10 11 WHEREAS, City personnel have reviewed the revised road inventory prepared 12 by the Virginia Department of Transportation and have determined that some 13 inaccuracies exist; 14 15 WHEREAS, corrections to the revised road inventory have been made as shown 16 on Exhibit B(attached); resulting in a net increase of 0.26 (Local/Collector) lane miles 17 and changes in class have resulted in an increase of 12.64 (Minor Arterials) lane miles; 18 19 WHEREAS, a representative from the Virginia Department of Transportation has 20 inspected and approved corrections. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That City Council hereby requests the Virginia Department of Transportation to 26 accept the corrections listed on Exhibit B, attached hereto and incorporated by 27 reference, and to begin paying urban maintenance payments to the City of Virginia 28 Beach based on the established rate. Adopted by the Council of the City of Virginia Bea6h`Virginia, on the 11 thday of Fahr>>ar.? , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: h ? A, hex I'Lvzw? - I . _' , Pubtic Works Cit ice CA12871 R-1 December 30, 2013 Street ' LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL SHENVALEE DR SHOREHAVEN CT SIGNATURE CI SILVER LAKE DR SILVER MAPLE CI SILVER SPRINGS CT SILVERCREST LN SIOLJX DR SIR WILFRED PL SLOANE CT SMOKL^ TREE LA SMOKEY LAKE DR SOUTHALL DR SOUTHPORT CI ST GEORGE CT PROV IDENCE RD SHOREHAVEN DRS SIGNATURE DR BELSPRINGS DR SILVER MAPLE DR NORTH CUL-DE-SAC SPARROW RD EAST NARRAGANSETT DR OXFORD DR WEST REVERE DR SMOKE TREE LA PINE LAKE DR FIRST COLONIAL RD EXPRESSWAY DR KING GRANT RD Total Lane Miles of Additions/Replaced deletions : CUL DE SAC CUL DE SAC SIGNATURE DR BELSPRINGS DR S CUL DE SAC SOUTH CUL-DE-SAC E CL DE SAC N DEAD END N CUL DE SAC CUL DE SAC STONESHORE RD GREEN MEADOWS DR SOUTHALL QUARTER ALLEY # 1 EXPRESSWAY DR N CUL DE SAC Total Lane Miles of LOCAL streets : 0.78 0.18 032 0.52 0.06 0.12 0.10 0.14 0.58 0.08 0.58 1.28 0.32 0.50 0.16 Class Chanae Stree£ Tyqe STItEET = 1 JRBAN MINOR ARTERIAL DRAKESMILE RD URBAN MINOR ARTERIAL POTTERS RD URBAN MINOR ARTERIAL SALEM RD URBAN MINOR ARTERIAL SALEM RD URBAN MINOR ARTERIAL SALEM RD ORBAN MINOR ARTERIAL SALEM RD FROM < TO SHIPPS CORNER RD DAM NECK RD LYNNHAVEN PW LONDON BRIDGE RD FERRELL PKWY PRINCESS ANNE RD INDEPENDENCE BV LYNNHAVEN PY LYNNHAVENPY FERRELLPY ROCK LAKE IAOP INDEPENDENCE BV 5.72 5.72 1.28 3.96 0.40 2.56 3.84 0.60 12.64 Total Lane Miles of URBAN MINOR ARTERIAL streets : Total Lane Miles of Class Change : 12.64 Tuesday, January 14, 2014 Page 1 of 2 City of Virginia Beach Exhibit B- Changes Public Works / Operations Street ' LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL SHENVALLEE DR SHORE HAVEN CT SIGNATURE CI SILVER CREST LN SILVER MAPLE CT SILVER SPRINGS CT SILVERLAKE DR SIOLJX DR SIR WILFRED PL SLOAN CT SMOKETREE LA SMOKEY LAKE DR SOUTH PORT CI SOUTHALL DR ST GEORGE CT PROVIDENCE RD SHOREHAVEN DRS SIGNATURE DR SPARROW RD EAST SILVER MAPLE DR ROCK LAKE LOOP BELSPRING DR NARRAGANSETT DR OXFORD DR WEST REVERE DR SMOKETREE LA PINE LAKE DR EXPRESSWAY DR FIRST COLONIAL ROAD KING GRANT RD CUL-DE-SAC CUL-DE-SAC SIGNATURE DR CUL-DE-SAC CUL-DE-SAC CUL-DE-SAC BELSPRING DR BLACKFOOTCRE PRINCE WILLIAM CT CUL DE SAC STONESHORE DR CUL DE SAC EXPRESSWAY DR ALLEY WAY CUL-DE-SAC Total Lane Miles of LOCAL streets : Total Lane Miles of Deletions/To be replaced : -0.78 -0.18 -0.16 -0.10 -0.06 -0.08 -0.52 -0.14 -032 -0.08 -0.58 -128 -0.56 -0.26 -0.36 -5.46 -5.46 Tuesday, January 14, 2014 Page 2 of 2 -56- Item -VI-K.9 ORDINANCES/RESOL UTIONS ITEM #63478 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, Ciry Council ADOPTED, BY CONSENT, Ordinance to CONFIRM a Declaration of Local Emergency re the snow storm from January 28-31, 2014 Votzng.' 10-0 Coaincil Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Coitncil Members Troting Nay: None Coasncil Members Absent.• Mayor YVilliam D. Sessoms, Jr. February 11, 2014 1 AN ORDINANCE CONFIRMING THE DECLARATION OF A 2 LOCALEMERGENCY 3 4 WHEREAS, Virginia Code § 44-146.21 authorizes the local director of 5 emergency management to declare the existence of a local emergency, subject to 6 confirmation by the governing body; 7 8 WHEREAS, in conformity with the Commonwealth of Virginia Emergency 9 Services and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), City Council, by 10 adoption of §§ 2-411 through 2-413 of the City Code, created the Office of Emergency 11 Management and appointed the City Manager as the Director of Emergency 12 Management; and 13 14 WHEREAS, in response to the imminent threat of damage posed by the winter 15 storm, the City Manager, as the Director of Emergency Management, issued a 16 Declaration of Local Emergency on January 28, 2014, effective at 5:00 p.m. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 21 That, pursuant to Virginia Code § 44-146.21, the City Council hereby confirms 22 the Declaration of Local Emergency issued by the City Manager on January 28, 2014, a 23 copy of which is attached hereto and incorporated by reference, and hereby ends the 24 declared emergency, effective January 31, 2014, at 6:00 a.m. Adopted by the Council of the City of Virginia Beach on the 11 th day of February .2014. APPROVED AS TO CONTENT: 2it Manager's Offite CA12885 January 31, 2014 R-1 APPROVED AS TO LEGAL SUFFICIENCY: City Atto 1 City- of Vir-gi?i? Seach '_ OUH Npi`;, VBgOV. CO171 OFFIC£ OFTHE CITY MANAGER MUNICIPAL CENTER (757) 386-4242 BUILOING 1. ROOM 234 FAX (757) 427-5626 2407 COURTHOUSE DRIVE VIRGIN[A BEACH, VIRGINIA 23456-9001 DECLARATION OF L4CAL EMERGENCY I, the undersigned, as City Manager and Directox of Emergency Management for the City af Virginia Beach, fmd the imminent threat of severe win.ter weather conditians and the likelihootl of dangerous road conditions axzd power outages, along with the loss or interruption of vital City services posed by the storm to be of sufficient severity and magnitude to warrant coordinated local government action to prevent ax alleviate any potential damage, loss, hardship or suffering. Therefore, pursua.nt to Code of Virginia § 44-146.21, as amended, I hereby declare the existence of a Local Emergency in the City of Virginia Beach beginning January 28, 2014 at 5:00 p.m. In accoxdance with this Declaration, the Off'zce of Emergency Management and all other appropriate City agencies are hereby vested wzth, and authorized to carry out, all powers, duties and functions prescribed by State a local laws, rules, regulations and plans as may be necessary to adequately and appropriately respond to said Local Emergency. ame K. Spore, City Mana er & or of Emergency Management h11R?`tL O ? (Date) -57- Iteni -VI-K.1 D ORDINANCES/RESOL UTIONS ITEM #63479 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Resolution to COMMEND City Clerk Ruth H. FYaser and her Staff for their extraordinary public service to the citizens of Virginia Beach re the Council Member Appointment Process Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Cozincil Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. February 11, 2014 . ? ;.• _ i?.?? fq `K-.`F,SOLV7ION Co` ` ENrDING TfLqE CITY CLE12.4C 1VM MR 57ATE T01rj, q'JftEIR EXCEqZIO5V,4L 7fANDGING OT 17Y11 C0VNCIG9WE9MBERATtp07,N`I??YLEN71?j.OCE.SS TVj{rEP9t7,S, the eCection of CounciCmem6ers GCenn rUavis and BiCf (DeStepFi to the 7fouse of DeCegates in Novem6er2013, andtkeirsu6sequent resignationsfrom City CountiC, deatedtzvo City CountiCvacarzcies u9f+E',EA5, state !aw requires t(ie City CounciCto fifCsuc(: vacancies 6y appointment; ZyWE?,?Et7,S; the city CaunciC(oCds an annuaCretreat at wfiich it sets goaCs andpnorities for the roming year, andt(e retreat (zad6een Cong-sc6edufedforjanuary 6 attd 7, 2014; 'WjaREf7,S, the nezv mem6ers neeed to 6e appointed prior to ,?anuary 6°h in ordes to participate as rouncilmemGers in the retreat, 6ut tfw Decem6er (:olidays, coupled wit& City CounllCs strong desire for an open, incCusive ancf transparent appointment process, presentedsevere fogisticaCckaCCenger, ryyq{rERE AS, t(u City Cferk.and (er staff worked tirelessly to ensure t(iat eacfi step of tfie comp(ex, appointment process was completedefficientCy andin fulCcompCiance wit( statutory aradcfiarter requirements, incCuding: . (Pr-oinptCy cCrafting and posting t(e officiaf notice and advertisement tfiat sought cand'rdates for tke dutrict and at-large seats, tFiere6y ena6Cin$ tfie pu6Cc to learn of tFie process on Novem6er I511 (a mere ten days after tfie Navern6er 2013 efection tfiat prompterf tfie twa re.dgnntions) and whic( afso providetf appC:cants with more tFian two weeks in whic( to assettt6le and su6mit their appCscation materia(s,' • T-Veditiousfy processiug appficant matennfs frotn tFiirty-nine applicants and tfren foClowing up witk candidates to fieCp ensure t&at each appC'uation was compCete,• • Working wit& ot(:er City offices to ensure tkat eacfi appCuant met tfie criteria for appointinent that is manrfated 6y state Caw and the City Charter, • 1'romptCy assem6Ctng 6inders for eac(e current councifinem6er wit& rfetailed infonnation on eacfi appficant; and . Trov'ing assistanre and information to appCcanu, the pu6fic, andtfie press,• and u?P,Egs trw eTty cfe,-kand (er,stvff went over anda6ove tFre caff of duty to ensure that t(:e City Councif appointment process went sinoot(Cy, tfespite su6stantiaC time antf Cogisticaf c(ut[Ienges, and also ensured t(rat the process was contfuctedin a fair, open, incCusive andtransparent manner tfint ena6CedCity CounciCto make tfiese appointments prior to t(?e koCufays and, most importantCy, prior to the earCy Yanuary City CounciCretreat. No?W, z7f?REToWJ, BE r7PE,SOLVED BTqWE CozIXCIG oT qYIT; CrTYoT ViRGrNrA BEACX; VzP,G7NzA: That the City Councif (ere6y commens City Cferk Ruth 7Codges ?Fraser, Chief cDepuh' Ctry CCerk,Amanda Tirs(ey-Barnes, SeniorDeputy City Cferk,Gloria `Wnk,er: and (Deputy City Clerk,s SaraFi lenkru, Sandy 9Kadison, anet Sandy rfftompson for t&eir eXtraordinary pu6fu service to tFe citizetts of Nirginia Beach. Gi-ven uner our kan?fs anddea(s tfiis ?Fourteentk day of.7anxeary, Two `IFwu,sandand`Fourteen ????? *Xo6e,,W.e &Ba,6aa 9fenCey? Skam?on ?D AB,Ahn"O.Io Amefia Ross-7Camnwnd ? L ? hn rE vhrin 1?,osemary '(son ,? mes .Wood ? Vice Wayor L' 12, ,7ones wayor `WiCCiam 0. Sessom.s, 7r. -58- Itenr -VI-K.IIa ORDINANCES/RESOL UTIONS ITEM #63480 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT and APPROPRIATE: a. $50, 000 from the Virginia Department of Emergency Management to the Office of Emergency Management Tjoting: 10-0 Coiincil Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• Mayor William D. Sessoms, Jr. February 11, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT FOR THE FIRE DEPARTMENT'S OFFICE OF EMERGENCY MANAGEMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $50,000 in funding from the US Department of Homeland Security is hereby accepted, and appropriated, with federal revenue increased accordingly, to the FY 2013-14 Operating Budget of the Fire Department to enhance the situational awareness capabilities of the EOC and to support the EOC mission of community wide direction and control in large scale emergencies. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th day of February 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: „ ,--? f7 , Budget and Management Service or y's Office CA12882 R-1 January 21, 2014 -59- Item -VI-K.11 b ORDINANCES/RESOL UTIONS ITEM #63481 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT and APPROPRIATE: b. $200, 000 Virginia Governor's Opportunity Fund Award to the Development Authority Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Coitincil Members Voting Nay: None Coitincil Members Absent.• Mayor William D. Sessoms, Jr. February 11, 2014 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO APPROPRIATE A$200,000 VIRGINIA GOVERNOR'S OPPORTUNITY FUND AWARD TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $200,000 received by the City from the Governor's Opportunity Fund (the "GOF") is hereby appropriated, with estimated state revenues increased accordingly, to the City of Virginia Beach Development Authority in furtherance of the purposes of the GOF and the expansion of manufacturing by IMS Gear Virginia, Inc. within the City. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 thday of February .2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services -Cit ' fice CA12874 R-1 January 13, 2014 -60- Item -VI-K.Il c ORDINANCES/RESOL UTIONS ITEM #63482 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT and APPROPRIATE: c. $473,1 SO from the Virginia Departinent of Transportation (VDOT) re urban maintenance and resurfacing Yoting: 10-0 Coirncil Members Yoting Aye. Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay: None Council Members Absent.• Mayor William D. Sessoms, Jr. Febrzcary 11, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE FUNDING FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $473,150 is hereby accepted from the Virginia Department of Transportation and appropriated, with state revenue increased accordingly, to the FY 2013-14 Operating Budget of Public Works to conduct additional road maintenance and resurFacing activities. Adopted by the Council of the City of Virginia Beach, Virginia on the 11 th day of February 2014. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Servi es Git s Office CA12884 R-1 January 28, 2014 -61- Itenr -VI-L PLANNING 1. MARK E. THOMASSY 2. HALL AUTOMOTIVE, LLC 3. LOTSALIS, LLC 4. OCEANFRONT RESORT FORM-BASED CODE 5. MG HOMES, LLC 6. CHRISTIE ROTHER, JENNIFER FEDORO WICK and TROYSCOGGIN 7. CITY OF VIRGINIA BEACH ITEM #63483 CHANGE IN NONCOFORMING LISE MODIFICATION OF A CONDITIONAL IISE PERMIT MODIFICATION OF A CONDITIONAL USE PERMIT SPECIAL EXCEPTIONS FOR ALTERNATIVE COMPLIANCE CONDITIONAL CHANGE OF ZONING and MODIFICATION OF CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING and CONDITIONAL LTSE PERMIT AMEND ZONING ORDINANCE February 11, 2014 -62- Item -VI-L PLANNING ITEM #63484 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 2, 3, and 4a/b, 6a/b and 7(DEFER TO 212512014) of the PLANNING AGENDA. Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• Mayor William D. Sessoms, Jr. February 11, 2014 -63- Itenz -VI-L1 PLANNING ITEM #63485 Upon motion by Couricilman Dyer, seconded by Council Lady Wilson, City Council APPROVED/ CONDITIONED, BY CONSENT, Application of MARK E. THOMASSY and 106 62ND STREET for a ChanQe in a Nonconforming Use re an addition of an elevator at 106 62"d Street DISTRICT S- LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of MARK E. THOMASSY and 106 62ND STREET for a Change in a NonconforminQ Use re addition of an elevator at 106 62"d Street (GPIN 2419728382) DISTRICT S - LYNNHAVEN The following conditions shall be required: With the exception of any modifications required by any of these conditions or as a result of the Development Site Plan review, the site shall be developed substantially in conformance with the conceptual site layout depicted on the exhibit entitled, "Physical Survey/Zoning Analysis 106 62"d Street, " prepared by Gallup Surveyors & Engineers, dated August 19, 2013 2. The conditions of the July 5, 2011, approval of an Enlargement of a Nonconforming Use shall remain in effect 3. The exterior of the additions for the elevator and equipment room shall be consistent with the materials and colors of the dwelling labeled as Unit 1 on the conceptual Plan referenced by No. 1 4. Building elevation dYawings for the exterior of the elevator, equipment room, and the elevated walkway shall be submitted to the Current Planning Division of the Planning Department for review, and no Building Permit shall be issued until said building elevations have been approved by Planning 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 Eleventh day of February, Two Thousand Fourteen February 11, 2014 =64- Itenz -VI-L.l PLANNING ITEM #63485(Continued) Voting: 10-0 Council Members Yoting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Cozcncil Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. February 11, 2014 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING USE 3 ON PROPERTY LOCATED AT 106 62ND 4 STREET 5 6 WHEREAS, Mark Thomassy (hereinafter the "Applicant") has made application 7 to the City Council for authorization for the enlargement of a nonconforming use located 8 at 106 62"d Street in the R-5R Residential Zoning District by enlarging one of the single- 9 family dwellings on the parcel; and 10 11 WHEREAS, two single-family dwellings are located on the parcel. Two single- 12 family dwellings on one parcel are not currently allowed in the R-5R Zoning District. 13 However, the single-family dwellings were built prior to the adoption of the applicable 14 zoning regulations and are therefore nonconforming; and 15 16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 17 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 18 City Council authorizing such action upon a finding that the proposed use, as enlarged, 19 will be equally appropriate or more appropriate to the zoning district than is the existing 20 use; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby finds that the proposed use, 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. With the exception of any modifications required by any of these 36 conditions or as a result of development site plan review, the site shall be 37 developed substantially in conformance with the conceptual site layout 38 depicted on the exhibit entitled, "Physical Survey/Zoning Analysis 106 62?a 39 Street," prepared by Gallup Surveyors & Engineers, dated August 19, 40 2013. 41 42 2. The conditions of the July 5, 2011 approval of an Enlargement of a 43 Nonconforming Use shall remain in effect. 44 45 3. The exterior of the additions for the elevator and equipment room shall be 46 consistent with the materials and colors of the dwelling labeled as Unit 1 47 on the conceptual plan referenced by Condition 1. 48 49 4. Building elevation drawings for the exterior of the elevator, equipment 50 room, and the elevated walkway shall be submitted to the Current 51 Planning Division of the Planning Department for review, and no Building 52 Permit shall be issued until said building elevations have been approved 53 by Current Planning. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th day Of February , 2014. APPROVED AS TO CONTENT *iepa-Rrtment ?11 CA12879 R-1 January 31, 2014 APPROVED AS TO LEGAL SUFFICIENCY: CAO? mi City Attorney's Office 2 -65- Itefii -VI-L.2 PLANNING ITEM #63486 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED/ CONDITIONED, BY CONSENT, Application of HALL AUTOMOTIVE, LLC AUTO PROPERTIES - HALL NISSAN, HALL COLLISION and VIRGINIA E. CORNICK TRUST for Modification of a Conditional Use Permit re ADDING a vehicle painting booth, changes to fencing, storage lot surface treatment and bulk storage for towed vehicles at 3757 and 3769 Bonney Road DISTRICT S- LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of HALL AUTOMOTIVE, LLC AUTO PROPERTIES - HALL NISSAN, HALL COLLISION and VIRGINIA E. CORNICK TRUST for Modiflcation of a Conditional Use Permit re ADDING a vehicle painting booth, changes to fencing, storage lot surface treatment and bulk storage for towed vehicles at 3757 and 3769 Bonney Road (GPINs 1487431975; 1487432800; 1487434791; 1487437783; 1487531686) DISTRICT 5- LYNNHAVEN Thc following conditions shall be required: The conditions of the June S, 2001, and September 9, 2003, Conditional Use Permits are deleted and replaced with No. 2, below, and as specifically modified by the other listed conditions of this Use Permit. 2. Development and redevelopment of the site shall substantially conform with the Plan entitled "Conceptual Site Layout Plan of Hall Properties, Bonney Road, Virginia Beach, VA, " dated October 10, 2013, which has been exhibited to the Virginia Beach Ciry Council and is on file in the Planning Department. 3. All auto repairs shall take place inside the "Existing Shop" or the "Existing Body Shop " buildings as depicted on the Concept Plan identified in No. 2 above. 4. No outside storage of equipment, parts or materials, other than materials stored for future recycling in the 2,500 square foot stoYage area depicted on the Concept Plan identified in No. 2 above, shall be permitted. 5. No on-site sale of recycled materials or public drop-off of recycled materials (for profit or otherwise) shall be permitted. 6 The two existing gravel lots depicted on the Concept Plan identified in No. 2 above, shall be permitted on the site as a temporary site Condition for no more than five years from the date of approval of this request by City Council 7. All overhead doors located on the side of any building facing I-264 must remain closed except for moving vehicles into and out of the building for service. February 11, 2014 -66- Item -VI-L.2 PLANNING ITEM #63486(Continued) 8. The area identified on the Corzcept Plan and identified in No. 2 above as "Existing Enclosed Bulk Storage for Towed Yehicles and Sales " shall be screened from view with the use of Category VI screening. The existing chain-link fence along the northern boundary of this area may remain until such time as that fence is replaced. An all-weather, solid fence shall be installed when the chain link fence is replaced. Barbed Wire shall be prohibited on any new fence on these properties. 9. A fifty (SO) foot reservation shall be required along the southern propeYty line adjacent to I-264 as necessary for improvements related to Rosemont Road and the I-264 interchange. 10. The building labeled as "Existing Body Shop" on the Concept Plan identified in No. 2 shall utilize the design, materials and colors as depicted on the exhibit entitled, "Conceptual Design for HALL AUTO WORLD COLLISION CENTER, " prepared by Burkhart Thomas Architecture/Interior Design and on file in the Planning Department, as per the June 5, 2001, Conditional Use Permit. 11. The building labeled as "Existing Nissan Building, 37,000 SF" on the Concept Plan identified in No. 2 shall utilize the design, materials and colors as depicted on the exhibit entitled, "Hall Nissan, Front Elevation - Bonney Road" and "Hall Nissan, Right Side Elevation - Butternut Lane " dated May 30, 2003, as per the September 9, 2003, Conditional Use PeYmit. 12. When constructed, all "Proposed " buildings shown on the Concept Plan identified in No. 2, above, shall be developed in substantial conformance with the architectural style, colors and materials used for the "Existing Nissan Building, 37, 000 SF, " referenced in No. 2, above. 13. All internal lot lines within the 14.6-acre site governed by this Conditional Use Permit shall be vacated by plat prior to final Site Plan approval of the next phase of construction. 14. Chain-link fencing and the use of barbed wire shall not be allowed surrounding any bulk or vehicle storage area. Any existing chain-link fencing on the site shall be removed from the site with the redevelopment of each parcel or when the chain-link fence is replaced, whichever is first. In no case shall new barbed wire be permitted. 15. Streetscape landscaping, as required by the Virginia Beach Landscaping Guide, shall be installed where deficient between rights-of-way and parking lots/display areas. 16 There shall be no pennants, streamers, banners, balloons or seaYChlights displayed on the site at any time. 17. Vehicles shall not be parked so as to obstruct any entrance along Bonney Road, Chestnut Avenue, Butternut Lane and/or Spruce Street. February 11, 2014 -67- Itefn -VI-L.2 PLANNING ITEM #63486(Continued) 18. No unloading of car carriers or other vehicles transporting vehicles to the site for sale or repair shall be permitted in the rights-of-way. 19. Storage of vehicles awaiting repair and inoperable vehicles shall be stored within the "Enclosed Bulk Storage Area for Towed Vehicles, " or within the "Existing Body Shop" or "Existing Shop" buildings, and in no case is the storage of these vehicles permitted within any parking lot. A determination of operability of a wrecked vehicle shall be made within five (S) business days of arrival at the site. No wrecked vehicle shall remain on the site for more than five (S) business days. 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 Eleventh day of February, Two Thousand Fourteen Voting: 10-0 CoiincilMembers VotingAye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood CoirncilMembers VotingNay: None Coicncil Members Absent: Mayor William D. Sessoms, Jr. February 11, 2014 -68- Itent -VI-L.3 PLANNING ITEM #63487 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED/ CONDITIONED, BY CONSENT, Application of LOTSALISA, LLC for Modi acation of a Conditional Use Permit, re development of a Wawa Convenience Store with fuel pumps, car wash and convenience stor-e at 1600 General Booth Boulevard DISTRICT 7- PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of LOTSALISA, LLC for Modification of a Conditional Use Permit re development of a Wawa Convenience Store with fuel pumps, car wash and convenience store at 1600 General Booth Boulevard (GPIN 2415553211) DISTRICT 7- PRINCESS ANNE The following conditions shall be required: All conditions attached to the Conditional Use Permit granted by the City Council on January 9, 1996, are deleted and replaced with the conditions below. 2. Except as modified by any other condition of this Use Permit, or as necessary to comply with applicable City development Ordinances and Standards, the site shall be developed in substantial conformance with the submitted Plan titled "WAWA CONVENIENCE STORE, Conceptual Site Plan, 1600 General Booth Blvd, Virginia Beach, Virginia, dated 041I5113, and prepared by MSC, P.C. Said Plan is on file in the Virginia Beach Planning Department. 3. Other than dead, dying or diseased plants, the removal of existing vegetation (mix of trees and shrubs) along the eastern property line and within a minimum fifteen (1 S) foot wide Buffer shall be prohibited. 4. As depicted on the Concept Plan referenced in No. 2, the row of Crape Myrtles along the southern property line is noted on the Plan "to be preserved to the greatest extent possible. " In the event any of this plant material be impacted during construction, or in the future, it shall be re-established as approved by the Planning Department. 5. Plant material shall be installed, at a minimum, along the rights-of-way, as Streetscape Landscaping. 6. Except as modified by any other Condition of this Use Permit, or as necessary to comply with applicable City Ordinances and Building Codes, the building and canopy shall be constructed in substantial conformance with elevations depicted on the exhibit titled, "Proposed Wawa, 1600 General Booth Blvd. & Dam Neck Rd., Virginia Beach, VA., " dated August 2, 2013, prepared by Cuhaci & Peterson, with the addition of the awning wrapping around and along the northern faqade. Said elevation is on file in the City of Virginia Beach Planning Department. February 11, 2014 -69- Item -VI-L.3 PLANNING ITEM #63487(Continued) 7. The fueling canopy shall be consti^ucted in substantial conformance with elevations depicted on the exhibit titled, "Wawa Convenience Store Signage Details, " prepared by MSA, PC., dated 41I5113. The canopy columns shall be wrapped in stone, as depicted on the elevation. Said elevation is on file in the Virginia Beach Planning Department. 8. In accordance with Section 245(e) of the City of Virginia Beach Zoning Ordinance, the dumpster area shall be enclosed with materials that match the building, which shall be surrounded with plants. Any air pump proposed on the site shall also be screened from view of the rights-of-way with evergreen shrubs, minimum height eighteen (18) inches at installation. 9. A detail of the Yent Stack shall be submitted to the Current Planning Division of the Planning Department during final Site Plan review and shall be subject to screening as required by the Planning Department. 10. Signage for the site shall meet the requirements of the Zoning Ordinance and shall be limited to: a. Directional signs; b. One monument-style freestanding sign (no more than eight (8) feet in height, set on a brick base to match the building brick) and two building and /or canopy signs; c. Striping on the canopy shall be limited to ten (10) feet on each side of the canopy or one-quarter (114) of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs, or neon accents, installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. Fuel prices may be displayed on the monument-style freestanding sign in electronic display format but shall comply with the regulations of Section 217 of the City Zoning Ordinance. H. No outdoor vending machines and/or display of inerchandise shall be allowed. 12. Pedestrian walkways to the Convenience Store shall be provided from the sidewalks in the public rights-of-way, in accordance with Section 246(d) of the Zoning Ordinance. 13. Bicycle racks shall be provided near the entrance of the store. 14. Either a right-of-way dedication, or easement that encompasses the sidewalk, as well as potentially room for any additional needed public improvements along Dam Neck Road, shall be recorded as required by Public Works during final Site Plan review. February 11, 2014 -70- Itetii -VI-L.3 PLANNING ITEM #6348 7(Contin ued) IS. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed Site Plan review. Said Plan shall include the location of all pole- mounted and building-mounted lighting fixtures, and the listing of lamp rype, wattage and type of fixture. Pole lighting shall not exceed fourteen (14) feet in height. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The Plan shall include provisions for implementing low-level security lightingfor non-business hours. Thi.s Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eleventh day of February, Two Thousand Fourteen Voting.• 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Coitincil Members Voting Nay: None Coztncil Members Absent: Mayor William D. Sessoms, Jr. February 11, 2014 -71- Itein -VI-L.4a PLANNING ITEM #63488 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, Ciry Council APPROVED/ CONDITIONED, BY CONSENT, Applications for Special Exceptions for Alternative Compliance to the Oceaizfront Resort Form-Based Code: DISTRICT 6- BEACH a. CATCHA WAVE, LLC re a commercial parking lot at 2206-2210 Pacific Avenue BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications for Special Exceptions for Alternative Compliance to the Oceanfront Resort Form-Based Code (GPINs 2427180939; 2427190016) DISTRICT 6- BEACH a. CATCHA WAVE, LLC re a commercial parking lot at 2206-2210 Pacific Avenue The following conditions shall be required: 1. With the exception of any modifications required by any of these conditions or as a result of the Development Site Plan review, the layout of the site shall be substantially as shown on the submitted Plans entitled "PARKING LOT EXPANSION SITE PLAN - Grading and Improvement Plan, Sheet C-3.0" and "PARKING LOT EXPANSION SITE PLAN- Layout and Planting Plan, Sheet L- 1.0" prepared by WPL, both dated December 12, 2013. Said Plans have been exhibited to the Ciry Council and are on file in the Department of Planning. 2. The "Proposed Sign " called out on the Plan referenced in No. l shall not be installed. Said sign shall require review and approval by the Zoning Administrator for consistency with the Oceanfront Resort District Form-Based Code and the Oceanfront Resort DistYict Design Guidelines. 3. Existing signage on the site shall be reviewed by the Zoning Administrator to determine if requisite permits have been issued and compliance with the Oceanfront Resort District Form-Based Code has been met for the appropriate signage. Signs without permits, or not meeting the regulations of the Zoning Ordinance, shall be removed. 4. A detailed Plan for the area south of the parking lot labeled as `Turf' (and including a paver walkway and deck) shall be submitted to the Zoning Administrator for review and approval. Said Plan shall include landscape plantings to meet the interior parking lot landscape requirement as well as a structural landscape feature visible by pedestrians on the adjacent sidewalk (shall have a height of at least four (4) feet). Such feature may consist of a fountain, artwork, unique landscape plantings or similar (as described in the Oceanfront Resort District Design Guidelines). 5. The provisions of Section 23-58 of the City Code shall be met February 11, 2014 -72- Item -VI-L.4a PLANNING ITEM #63488(Continued) This Ordinance shall be effective in accordance with Sectiofi 10769 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eleventh day of Febr-uary, Two Thousand Fourteen Yoting: 10-0 Coztncil Members YotingAye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay: None Cozincil Members Absent: Mayor WilliamD. Sessoms, Jr. February 11, 2014 -73- Ite»a -VI-L.4b PLANNING ITEM #63489 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, Ciry Council APPROVED/ CONDITIONED, BY CONSENT, Applications for Special Exceptions For Alternative Compliance to the Oceanfront Resort Form-Based Code: DISTRICT 6- BEACH b. LINJON PACIFIC, LLC re a mixed use building at 2607 Pacific Avenue BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications for Special Exceptions for Alternative Compliance to the Oceanfront Resort Form-Based Code (GPIN 2428007663) DISTRICT 6 - BEACH b. LINJON PACIFIC, LLC re a mixed use building at 2607 Pacific Avenue The following conditions shall be required: 1. Except as modified by any other condition below, the architectural design of the structure shall be substantially as shown on the submitted untitled aYChitectural renderings included in the Staff Report, which are on record at the City of Virginia Beach Planning Department. 2. Except as modified by any other condition below, the development of the site shall be substantially as shown on the submitted Site Plan included in the Staff Report, which is on record at the Virginia Beach Planning Department. 3. The applicant shall construct all required sidewalk improvements. 4. All landscaping shall exceed the minimum requirements of the Virginia Beach Landscaping Guide. 5. All landscaping must be maintained in good health. All landscaping that fails to grow shall be replaced with a similar type of plant that conforms to the landscaping associated with the Plans approved with this application. 6 No mechanical equipment or dumpsters shall be visible from the public right-of- way or adjacent property owners. This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eleventh day of February, Two Thousand Fourteen February 11, 2014 -74- Item -VI-L.4b PLANNING ITEM #63489(Continued) Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. FebYUary 11, 2014 -75- Iteni -VI-L.Sa/b PLANNING ITEM #63490 The following individual registered to speak: R.J. Nutter, Attorney for Applicant advised this property is very unique and addressed the concerns rai,sed by Council Lady Henley. Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council APPROVED/ PROFFERED/CONDITIONED, Applications of MG HOMES, LLC and TRIISTEES OF TIDEWATER UNITED CHURCH OF CHRIST re property at West Neck and North Landing Roads: DISTRICT 7 - PRINCESS ANNE a. Conditional Chan eofZoninQ from 0-2 Agricultural to Conditional R-SS Residential b. Modi acation of a Conditional Use Permit re sale of property to MG Homes, LLCfor residential development BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications of MG HOMES, LLC and TRUSTEES OF TIDEWATER UNITED CHURCH OF CHRIST re property at West Neck and North Landing Roads (GPIN 1494801286) DISTRICT 7- PRINCESS ANNE a. Conditional ChanQe ofZoningfrom 0-2 Agricultural to Conditional R-SSResidential The following condition shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. b. Modi acation ofa Conditional Use Permit re sale ofproperty to MG Homes, LLCfor residential development The following condition shall be required.• The conditions of the Use Permit approved on September 9, 1997, are superseded by the conditions herein. 2. Upon subdivision of the existing property, the size of the parcel occupied by the existing church shall not be less than four (4) acres. 3. The layout of the site shall be as depicted on the submitted Plan entitled "Modification of Conditions Plan, Tidewater United Church of Christ, " prepared by WPL, and dated November 25, 2013. Any additional construction or site modification shall require Modification of this Use Permit. February 11, 2014 -76- Itena -VI-L.Sa/b PLANNING ITEM #63490(Continued) 4. The exterior of the building on the site shall be in substantial conformance with the building elevations and material boards submitted with the application package dated June 27, 1997, with the exception of the color of the gutters and downspouts, which shall match the color of the painted wood trim. 5. Signs shall be constructed in accordance with renderings submitted with the application package dated June 27, 1997. Not more than one (1) free-standing sign is permitted, and such sign may be double faced. A copy of the verbati`n of tonight's discussion is hereby made a part of this record as Council Lady Henley requests the Developer adhere to certain City Council concerns not noted in the above conditions. Voting.• 10-0 Colincil 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Coltincil Members Absent: Mayor William D. Sessoms, Jr. February 11, 2014 1 VIRGINIA BEACH CITY COUNCIL February 11, 2014 7:42 p.m. FORMAL SESSION APPLICATION OF MG HOMES, LLC AND TRUSTEES OF TIDEWATER UNITED CHURCH OF CHRIST VERBATIM CITY COUNCIL William D. Sessoms, Jr., Mayor Louis R. Jones, Vice-Mayor Robert M. Dyer Barbara M. Henley Shannon DS Kane Brad Martin John D. Moss Amelia Ross-Hammond John E. Uhrin Rosemary Wilson James L. Wood At-Large Bayside - District 4 Centerville - District 1 Princess Anne - District 7 Rose Hall - District 3 At-Large At-Large Kempsville - District 2 Beach - District 6 At-Large Lynnhaven - District 5 CITY MANAGER: CITY ATTORNEY: CITY ASSESSOR: CITY AUDITOR: CITY CLERK: James K. Spore Mark D. Stiles Jerald Banagan Lyndon S. Remias Ruth Hodges Fraser, MMC SARAH DEAL JENKINS, MMC DEPUTY CITY CLERK, II 2 VICE-MAYOR JONES: MG Homes, LLC, and Christ re property Princess Anne Dist again. The next item of business is Planning Item 5, which is the Application of Trustees of Tidewater United Church of at West Neck and North Landing Road in the rict. We get to see Mr. Nutter limp up here R. J. NUTTER: For the record, my name is R. J. Nutter. I'm an attorney representing the Applicant, which is MG Homes, as well as the partners of the Tidewater United Church of Christ. This Application, and I'l1 try to be brief because I know Mrs. Henley has some questions on it, but it actually began, to tell you how long a good application takes to address all of the issues, back in December of 2012. So, when you talk about the difficulty developing a piece of property near the ITA, in the TA, outside of the AICUZ, and any other acronym I can throw at you, it takes a while, but during that time we went through a lot of hoops and issues. It's a relatively small piece of property. It began as 7.3 acres, and what happened is they filed the application. The property was zoned 0-2, which is somewhat unusual down in this neck of the woods, as Mrs. Henley will tell you. You're not going to find many pieces of property in the Transition Area currently zoned for commercial uses. During that time, they went through the Historic Review Process Board for all of their homes to go through that process, receiving approval of those so that all of the homes have dressed up materials, dormers are designed for that, garage doors, special lighting in the neighborhood; all those kinds of features are dictated through that process. After that time when they submitted this then to staff, I actually was not involved, and they had a much higher density rating and a much lower open space ratio. So, at any rate, as a result of that, we met with staff and heard the concerns of that area as to what we should try to achieve here. That resulted in our reducing the density of the property and trying to increase the open space. That led to our discussion with our adjacent property owner, the church, and the church is zoned AG; that's the only portion of the property that's currently zoned AG. And we met with them actually over a six to seven month period before they finally decided it was in their interest, as well, to participate in this. You may know, it's a very small church. They have a day care facility. They were very excited about that. And we were approaching them at the time about buying 3-plus acres of land so we could make sure we have open space requirement, could be 3 served by them, as well, and would be forever restricted as natural area. They were very concerned about not wanting to change the character of what was next to them. They did, however, notwithstanding all those preconditions, want full market value for the property as if it were being developed for residential property. They went through two lawyers in that process. So, we had to pay for property as if we were buying a lot, if you develop a lot in this area of the city. But that enabled us, then, to get to a point where we could come up with, in this case, 490 open space and at the same time reduce our density even further. So, what we did, because we were trying to achieve several purposes with the open space, when it first came to me the first time it had a home right here, and I was very concerned that wouldn't allow us to do 100-foot length of the property open space along West Neck Road. As you may know, right across the street now is the brand new Kellam High School, 336,000 square feet of new facility right across the street. So, that's had an effect to make this a very unique piece of property, as well. You may also know, normally you would know this, but I'll tell you what happened. When the school was going to be located here, there was an access way into the church, and there was a second access way into this property. The owners of this property worked with the City and agreed to one access way if they would build, and actually the owners of this property put $50,000 of their own money to upgrade this access way so it serves the church. There's been a very good long-term relationship between these parties prior to this application. But it resulted in a combined access way that coincided with where the new access way would be for the school. So, we've been long-time participants or my clients have been long-time participants in making sure this area develops in a uniform fashion. So, with that, we eliminated this lot. We also eliminated a lot here so that when you drive in to the property you're not just having internal open space, but you have this vista coming into the property both here and here into that open space area. Then, finally, even though the church was okay with 24 units, we agreed with Mr. Whitney's office to reduce an additional unit here to 23 units, which is where we are today, so that we would have a strong connection between the area we were buying from the church and the rest of the neighborhood to be a strong tie between these open space areas. So, it was actually very much our very real intent to make 4 sure this was not just complying with meeting the 490 requirement but actual usable visible area that was a real asset to the residents of that community. But as Mrs. Henley will tell you, this is a very unique piece of property. It is unique because it is literally within about 400 yards, as the crow flies. From the Municipal Center it's in walking distance. It's one of the few pieces of property out here that's not covered by the AICUZ, so we don't have any Navy issues. It is currently zoned 0-2, which is very unusual, and it's adjacent to a piece that's owned by the Navy Federal Credit Union, which is under construction, a new credit union with, I believe, drive-thrus, is what I'm told. I haven't seen their plan. So, it's a very unique piece of property. Yes, it's in the Transition Zone, clearly, but every piece of property in the Transition Zone, certainly, as you get closer to these type features, has unique attributes. And that's why we were trying to achieve much lower density than my client originally intended, Mrs. Henley, but a much higher open space than what you all were looking for. So, what we believe because of those unique features, this is very unique, it wouldn't apply, in our opinion, to properties elsewhere down the road, because frankly we're impacted by the school which is literally right across the street and shares the access way with us. Otherwise, your staff is recommending approval. Your Planning Commission recommends approval. We had the pleasure of ineeting Mrs. Henley's ITA Committee back in early December, received no real comments of opposition from them. So, we really felt like we've been on the path. We've met with adjacent property owners. There are a couple other property owners up along North Landing Road that we met with that wanted to make sure what was going on with the church and so forth. So, we've really had to reach out to everyone we could. But, Mrs. Henley, that's our position right now and case, if you would, and I'm happy to answer any questions you might have. COUNCIL LADY HENLEY: Well, I really asked, and I appreciate your allowing the time, because this property, I'm very much concerned about precedent. Often times we hear "well, the City Council is allowing this, so, therefore, it's okay to do this", even though maybe our Comprehensive Plan or something says something else. That's kind of the way we are in this situation. This property is in the Transition Area, which has as a maximum density 1 unit per acre. However, it's close to the ITA, not in the ITA; close to the ITA, actually adjoining, 5 if you look closely at one of the drawings. The ITA, the Inter-facility Traffic Area, Plan does indicate that in that little area of the ITA that is not impacted by the high noise zone that there should be some consideration given to having some greater density, because actually in the rest of the ITA it's not to have residential at all. And so, what is here is just something that worries me a little bit that as we have other vacant properties in this area that's Transition Area, not ITA, when we approve this at 2 units per acre, a little above 2 units per acre, then in some of these other areas that are in the Transition Area but not ITA we're going to hear "well, the Council has done this, and so, therefore, we want it, too". So, I think the important thing, if we're going to deviate from a plan, is that we establish a definite distinction. And so, I hope this will go in the record and not just Council approve this, because I will ultimately make the motion to approve it, but with extenuating circumstances for this property which I don't believe do apply to other properties. This property is sandwiched among some institutional and office uses. That 0-2 on the corner of West Neck and North Landing is a very old zoning that I guess came from -- R. J. NUTTER: I'm not sure, myself. COUNCIL LADY HENLEY: -- the 1960's or something. And it's been there all these years as an 0-2 zoning, but it's only now developing as a Credit Union. A few years ago, we did agree to rezone this property to 0-2, kind of recognizing that perhaps it wasn't in the best interest for residential, and actually this was before we did the ITA Study, because of the fact that it adjoins the other 0-2 and the church and also has some pretty low property on it. And the little office park that we approved as Conditional 0-2 was going to stay out of that low area and so forth. I still think it would be better as an office park than residential. And so, I think these factors would distinguish this from any of the other properties, because when you look at the map on the other side of the church you're going to go right on down West Neck Road with other properties that we're going to be seeing, and some of them we're going to be seeing a whole lot sooner than I thought we were going to be seeing. So, I'm just giving you that as fair warning. So, I really think we have to, if we say we're going to look at things on a case-by-case basis, we have to establish those reasons that this property is very unique. But there is one other thing that does worry me, and I want 6 some explanation or assurance. When I look at this plan, it's a nice looking plan, if it were an age-restricted development. These are on 5,000 square-foot lots, R-5, although most of them are, I guess, the smallest one is 5,500, so they're a little above 5,000, but they are small lots. And this open space that was added was open space that was purchased to put onto this property so you could achieve that open space requirement, but it's not usable open space for the people that are going to be living here. And I think the rationale for clustering housing into small lots leaving open space is that, well, that open space is going to allow these people to have some recreational area that they won't get on their house lot because their house lot is so small. You do have some other open space throughout just as little spots and there is a tot lot, but this particular open space has the notation on it that it's possible future pedestrian pathways for the Home Owner's Association. I just want to make certain, and I think I had in an explanation from staff, that the reason it's now saying "possible" is that you haven't done all of your Wetlands delineation because this is very low land. R. J. NUTTER: Yes, Ma'am. COUNCIL LADY HENLEY: But I want to make sure that the developer is going to be developing these pedestrian walkways, and it's not going to be left to a 23-lot Home Owner's Association because they aren't going to be able to afford it. R. J. NUTTER: I understand. We think the trails are relatively minimally intrusive. We talked a lot about them with the church. In fact, at one point the church wanted to use those trails and participate in them, as well. COUNCIL LADY HENLEY: But the developer will be constructing the trails? R. J. NUTTER: Yes, Ma'am. COUNCIL LADY HENLEY: But I am still concerned, because the kids who are growing up in this little development don't have any place to go play ball or to do anything that gets them out of the house, and I really worry about that. I mentioned that before in something else, and I really think open space is supposed to be usable open space. It's supposed to be recreational area. If it's not an age restricted, you're going to have youth who need to be 7 outside, not sitting on the steps somewhere, but they need to be outside and have an area for recreation and I just don't see that here. R. J. NUTTER: Sure. COUNCIL LADY HENLEY: Is there some possibility that some part of this back area there could be cleared and there could be some cleared area that there could be a recreational opportunity? R. J. NUTTER: We had talked about a potential gazebo back there with the church. In fact, the church's original plan showed a gazebo feature back there. COUNCIL LADY HENLEY: Well, the kids are not going to play very well in a gazebo. I want someplace where they can play. R. J. NUTTER: I understand. COUNCIL LADY HENLEY: Play ball and so forth. Well, I know you're not perhaps prepared to answer this, but this is a great concern of mine and I really do hope that you will work on this open space and at least make some open area here for the kids in this area to have a place to play, because I think it's something we would require of other developments, having open space; but it's not really usable open space, isn't very good. R. J. NUTTER: I understand. And frankly, one of the reasons we eliminated a third lot, another lot at the very end, was to make sure there was an actual significant tie here. There was a lot. This was a lot that you probably could recognize with this, and we elected to eliminate that lot to make sure -- COUNCIL LADY HENLEY: Take those trees out of that lot and let it be an open area where the kids can play; how about that? R. J. NUTTER: -- sure. COUNCIL LADY HENLEY: Would you give that consideration? R. J. NUTTER: I think they want this to be very accommodating. Yes, Ma'am. COUNCIL LADY HENLEY: Okay. Well, I really want to make 8 sure now when the next application comes in along West Neck Road or North Landing Road and they come in and point to this as a precedent, you all are going to remember that this has very unique situations and if the other properties don't share these situations that we have not set a precedent that the Transition Area can have two units per acre. R. J. NUTTER: And I want to reiterate, can I go back to the aerial, if I could? The ITA Committee put a lot of time on this, because they were considering another application. In fact, they already acted on another application on Indian River Road where they were concerned about a precedent going down the road. And when this came to them, part of the reason why they felt more comfortable with it is because it was sandwiched with the school here right directly across the street, as you can see. It had a church here, 0-2 use here, existing uses here, and sandwiched in the back there's a very low area back here with wetlands and low drainage areas. So, they really felt like it was a completely isolated parcel, and as a result that's why they agreed to treat it somewhat differently than they might have otherwise done so. So, I want to reiterate what Mrs. Henley is saying, that that's what the finding of the committee was in large measure, that it was unique and thereby justifying a slightly higher density than was otherwise called for in the ITA. COUNCIL LADY HENLEY: Just on the other side of that church and on down is potential property that's going to be coming in here. R. J. NUTTER: That's what I understand. COUNCIL LADY HENLEY: Just because of these unique circumstances, and you will be looking at the ability to have some open area for the youth in that area to get some exercise. R. J. NUTTER: Yes, Ma'am, absolutely the case. COUNCIL LADY HENLEY: Based on that, I will move approval. COUNCIL LADY WILSON: Second. VICE-MAYOR JONES: Motion has been made and seconded. Is there any discussion? COUNCILMAN MOSS: I'd just like, while Barbara and I don't agree on everything, I thought 9 her explanation of that was extremely great, and I just wonder is there any way when making the motion that we could modify it such that there would be an opportunity to go through and look at the transcript of her rationale, and that that could be then at the approval of the minutes we could capture those special circumstances and that could be made part of the motion at the adoption of the minutes that we've made a provision for that so it wouldn't be lost later to remember what they were? She did a great job, but they need to be kind of like condensed down. But if they could be amended and incorporated in the minutes when we adopted the motion later? CITY ATTORNEY: I would defer that to Mr. Macali and Mr. White. STEPHEN WHITE: If we can get a transcript from the City Clerk's office of this item included in the official record? COUNCILMAN MOSS: I think that would be an excellent idea. COUNCIL LADY HENLEY: I'd appreciate that, thank you. VICE-MAYOR JONES: Are there any other speakers? CITY CLERK: No, Your Honor. VICE-MAYOR JONES: A motion has been made and seconded. The vote is open. CITY CLERK: By a vote of 10 to 0, you have approved the application. R. J. NUTTER: Thank you very much. (Whereupon, the discussion of this matter was concluded.) -77- Iteni -VI-L.6a/b PLANNING ITEM #63491 Upon motion by Councilman Dyer, secofzded by Council Lady Wilson, Ciry Council APPROVED/ CONDITIONED, BY CONSENT, Applications of CHRISTIE ROTHER, JENNIFER FEDOROWICZ and TROYSCOGGIN at 2310 Princess Anne Road DISTRICT 7- PRINCESS A1VNE a. Conditional ChanLye o Zonin from Conditional 0-1 Office to Conditional B-1 Neighborhood Business b. Conditional Use Permit re a retail "specialty shop " BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications of CHRISTIE ROTHER, JENNIFER FEDOROWICZ and TROY SCOGGIN at 2310 Princess Anne Road (GPIN 2404531549) DISTRICT 7- PRINCESS ANNE a. Conditional Change o Zonin from Conditional 0-1 Office to Conditional B-1 Neighborhood Business The following condition shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. b. Conditional Use Permit re a retail "specialty shop " The following conditions shall be required: All signage shall be approved by the City ZoningAdministrator 2. All landscaping shall meet the minimum requirements as defined by the City Landscape Ordinance February 11, 2014 -7s- Item -VI-L.6a/b PLANNING ITEM #63491(Continued) Yoting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Cozrncil Members Voting Nay: None Council Members Absent.• Mayor William D. Sessoms, Jr. February 11, 2014 -79- Itenr -VI-L.7 PLANNING ITEM #63492 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council DEFERRED TO FEBR UARY 25, 2014, BY CONSENT, Application of CITY OF VIRGINIA BEACH to AMEND § 401 of tlie City Zoning Ordinance (CZO) re Farm Stands in Agricultural Districts. Poting.• 10-0 Council Members Yoting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Coatncil Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. February 11, 2014 -80- ITEM VI-M APPOINTMENTS ITEM #63493 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: GREEN RIBBON COMMITTEE HUMAN RIGHTS COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE VIRGINIA BEACH COMMUNITY DE VEL OPMENT CORPORATION (VBCDC) 2040 VISION TO ACTION COMMUNITY COALITION COMMISSION WORKFORCE HOUSING ADVISORY COMMITTEE February 11, 2014 -81- ITEM VI-M APPOINTMENTS ITEM #63494 Upon NOMINATION by Council Lady Henley, City Council APPOINTED: BEN DAVENPORT Unexpired Term Thru 1213112014 plus Three Years to 1213112017 CHESAPEAKE BAYAREA PRESERVATION BOARD Voting.• 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Coitncil Members Voting Nay: None Council Members Absent.' Mayor William D. Sessoms, Jr. February 11, 2014 -82- ITEM VI-M APPOINTMENTS ITEM #63495 Upon NOMINATION by Council Lady Henley, Ciry Council REAPPOINTED: GLENN CARWELL PATRICK McATAMNEY BERNICE POPE ANN FERRELL TATA Three Year Term 0110112014 - 1213112016 HISTORIC PRESERVATION COMMISSION Voting: 10-0 Council Members Troting Aye: Robert M. Dyer, Barbara M. Henley, Vice MayoY Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Coisncil Members Absent: Mayor William D. Sessoms, Jr. February 11, 2014 -83- ITEM VI-M APPOINTMENTS ITEM #63496 Upon NOMINATION by Council Lady Henley, City Council APPOINTED: ROBERT S. BRACKNELL ROBERT G. SCOTT ThYee Year Term 0310112014 - 0212812017 PERSONNEL BOARD Voting: 10-0 Cozcncil Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. February 11, 2014 -84- ITEM VI-M APPOINTMENTS ITEM #63497 Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED: WILLIAM D. ALMOND MICHAEL B UTLER JAMES H. DAVIS PRESTON MIDGETT, II CRAIG ROBACK SYLVIA STRICKLAND KENNETH TAYLOR GERRIE KING WEST Three Year Term 0110112014 -12/31/2016 and APPOINTED: KRISTINA CHASTAIN Three Year Term 0110112014 -12/31/2016 RESORT ADVISORY COMMISSION itoting: 1 0-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. February 11, 2014 -85- ITEM VI-M APPOINTMENTS ITEM #63498 Upon NOMINATION by Council Lady Henley, City Council CONFIRMED t)ze Governor's Appointment: WILLIAM "BILL" SORRENTINO, JR., P.E. Four YeaY Term SOUTHEASTERNPUBLIC SERVICE AUTHORITY "SPSA" Voting: 10-0 Coitncil Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms, Jr. February 11, 2014 -86- APPOINTMENTS ITEM #63499 Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED: DR. KAREN KWASNY MICHAEL B. NEWBILL Three Year Term 0310112014 -12/31/2016 TRANSITIONAREA/ITA TRAFFICAREA CITIZENSADVISORYCOMMITTEE Voting.• 10-0 Cozincil Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Yoting Nay. None Coaincil Members Absent.• Mayor William D. Sessoms, Jr. February 11, 2014 -88- PUBLIC DIALOGUE Dreda Symonds, 804 Lord Lincoln Court, Phone: (757) 404-2576, advised she is a biologist with the Public Works Department and her 35 year tenure makes her eligible for retirement. She expressed her appreciation to the City for fio longer considering the December 10, 2013, recommendation from MERCER. In the Public Works Department, approximately '/ of the City Employees grossed under $27, 000 annually and 8% are below the federal standards of poveYty. For spouses and families, the benefits are extremely important. Please consider an alternate cost sharing percentage and make health insurance affordable for the Ciry employees. Kaitlin Jensen, 520 Woodshire Way, Phone: (757) 646-5277, advised she is pleased the concerns are being heard and acted upon. She understands she will be paying more each year but found the December 10, 2013, presentation to City Council and School Board offensive. Mrs. Jensen and her husband are both teachers with VBCPS and most of their health care costs are for preventative care. She encouraged the City to reach out to other cities and find out how they are able to keep the insurance costs at a reasonable rate for employees. Russell Wilson, 1001 Purrington Court, Phone: (757) 339-6723, advised he works for the School Plant Services. Mr. Wilson expressed concern regarding the health care costs and would like to see more trazzsparency to overall government. Natacy Lee, 3521 Indian River Road, Phone: (757) 427-6404, stated she and heY husband were approached by the City to purchase their primary residence and the land it sits on. The City's appraisal valued the property at $16, 000 per acre but they failed to place a value on the 2,700 square foot residence. The problem the Appraiser faced is the uniqueness of the properry as it appears there are no other comparable properties in the City.• 27-acre lots do not exist. Mrs. Lee acknowledged they do not have to sell to the City and she questions the integrity of this offer. Mrs. Lee asked how the Ciry could require them to pay taxes on a structure that, according to the appraisal, has no value. Mrs. Lee requested the Ciry Council help ensure they are being treated fairly and will be offered a reasonable price for the property, including the 2,700 square foot brick dwelling they call home. Christine Ross, 749 Whistling Swan Drive, Phone: 905-0265, requested the City close the Abortion Clinics within the City by rezoning the properties, buying the buildings where they operate and/or declaring the clinics as "dangerous nuisances ". Carl Wright, 1144 Mondrian Loop, Phone: 235-5596, stated he does not believe in "back room deals ". Mr. Wright expressed his disappointment in the City regarding the election process. The election system in place is wrong and the time has come when change is needed. He is not concerned for himself but for his children and grandchildren. A few of the City Council Members ' years of service combined February 11, 2014 -89- PUBLIC DIALOGUE (Continued) total are over 60 years and that is long enough. Mr. Wright is loohzng to change the process before the next election. Mr. Wright stated every citizen deserves fair representation. Venus Marshall, (757) 289-5602, stated she agrees with Mr. Wright regarding the need for change to the election system. Ms. Marshall is persistent and will come before City Council as long as necessary until a true "At Large" voting systena is in place. Votes count and recounts cost money. With some Council Members having 30+ years of service need to consider that when it comes to this year's election. Andrew Jackson, advised he is a 57-year resideiat of the City and requested the City operate in a democracy form of government, where everyone participates equally. Everyday citizens should be heard as tnuch as the "special interest" groups are heard. Mr. Jackson expressed concern regarding the City Council's Closed Session, particularly the discussion of appointment of persons to Boards and Cornmissions. The law says no vote shall take place in Closed Session and it appears that the City Coiincil is voting on the individuals to be appointed. Mr. Jackson stated that November is an "equalizer" and he intends to work to do just that, equalize the City Council to ensure that everyone is represented fair°ly. Vice Mayor Jones acknowledged Stephen Kelley, a Boy Scout in attendance and expressed appreciation to the young man and his father for attending. The Public Dialogue re Non Agenda Items concluded at 8:36 P.M. February 11, 2014 -87- Iteni -VI-P ADJOURNMENT ITEM #63500 Mayor William D. Sessoms, Jr., DECLARED the City Council Meetirag ADJOURNED at 8:03 P.M. mt, Amanda Finley-Barnes, CMC Chief Depury City Clerk 7 uth Hodges Fraser, MMC Citv Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor February 11, 2014