JANUARY 26, 2016 MINUTES I III
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 26, 2016
Mayor William D. Sessoms, Jr. called to order the Virginia Beach City Council's SPECIAL FORMAL
SESSION in the Conference Room, City Hall, on Tuesday, January 26, 2016, at 3:00 P.M, to discuss the
prospective CANDIDATE FOR THE POSITON OF CITY MANAGER.
Council Members Present:
M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, John D. Moss, Amelia N Ross-Hammond,
Mayor William D. Sessoms,Jr., Rosemary Wilson and James L. Wood
Council Members Absent:
Shannon DS Kane arrived late
John E. Uhrin arrived late
-2-
ITEM#65613
MAYOR'S CALL FOR THE SPECIAL
FORMAL SESSION
Mayor Sessoms read the Mayor's Call for the SPECIAL FORMAL SESSION:
"January 22, 2016
HONORABLE MEMBERS OF CITY COUNCIL
In accordance with the Virginia Beach City Code Section 2-21, and by
the authority vested in me as Mayor of the City of Virginia Beach, I hereby call
for a SPECIAL MEETING of the VIRGINIA BEACH CITY COUNCIL for
City Council to CONVENE A CLOSED MEETING pursuant to Virginia Code
Section 2.2-3711(A)(1) to discuss a prospective CANDIDATE FOR THE
POSITION OF CITY MANAGER. The closed meeting will be held:
Tuesday,January 26, 2016, at 3:00 P.M.
City Manager's Conference Room
City Hall
2401 Courthouse Drive
Pursuant to the same authorities, I also hereby call for a SPECIAL
MEETING of the VIRGINIA BEACH CITY COUNCIL for City Council to
VOTE ON THE APPOINTMENT OF A NEW CITY MANAGER and on A
CONTRACT FOR THE NEW CITY MANAGER. The formal session meeting
will be held later the same day:
Tuesday,January 26,2016, at 6:00 P.M.
City Council Chambers
City Hall
2401 Courthouse Drive
The regularly scheduled City Council Workshop will be held after the
closed session and before the formal meeting and will begin at approximately
4:00 P.M.
Sincerely,
s/
William D. Sessoms, Jr.
Mayor"
cc: Acting City Manager
City Attorney
City Clerk
City Auditor
Deputy City Managers
Media and Communications
FOIA Office
January 26, 2016
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VBgov.com
WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER
MAYOR BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH,VA 23456-9000
(757)385-4581
FAX(757)385-5699
wsessoms@vbgov.com
January 22, 2016
HONORABLE MEMBERS OF CITY COUNCIL
In accordance with the Virginia Beach City Code Section 2-21, and by the
authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a
SPECIAL MEETING of the VIRGINIA BEACH CITY COUNCIL for City Council to
CONVENE A CLOSED MEETING pursuant to Virginia Code § 2.2-3711(A)(1) to
discuss a prospective CANDIDATE FOR THE POSITION OF CITY MANAGER. The
closed meeting will be held:
Tuesday, January 26, at 3:00 P.M.
City Manager's Conference Room
City Hall
2401 Courthouse Drive
Pursuant to the same authorities, I also hereby call for a SPECIAL MEETING
of the VIRGINIA BEACH CITY COUNCIL for City Council to VOTE ON THE
APPOINTMENT OF A NEW CITY MANAGER and on A CONTRACT FOR THE
NEW CITY MANAGER. The formal session meeting will be held later the same day:
Tuesday, January 26, at 6:00 P.M.
City Council Chambers
City Hall
2401 Courthouse Drive
The regularly scheduled City Council workshop will be held after the closed
session and before the formal meeting and will begin at approximately 4 p.m.
t
Sincerely,
i
___
William . essoms, Jr.
cc: Acting City Manager
City Attorney
City Clerk
City Auditor
Deputy City Managers
Media and Communications
FOIA Office
-3-
ITEM#65614
Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED
SESSION,pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose:
PERSONNEL MATTERS: Discussion, consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711(A) (1)
Council Appointment:Position of City Manager
January 26, 2016
-4-
ITEM#65614
(Continued)
Upon motion by Councilman Moss, seconded by Councilman Uhrin, City Council voted to proceed into
CLOSED SESSION at 3:01 P.M.
Voting: 9-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms,Jr., Rosemary Wilson and James L. Wood
Council Members Absent:
Shannon DS Kane arrived late
John E. Uhrin arrived late
(Closed Session 3:01P.M. - 3:20 P.M.)
(Break 3:20P.M. - 4:00P.M.)
January 26, 2016
I III i i
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CITY COUNCIL'S BRIEFING
EMINENT DOMAIN LEGISLATION
ITEM#65615
4:00 P.M.
Mayor Sessoms recalled Ordering the Informal Session for Briefings.
The Mayor welcomed Rebecca D. Kubin, Deputy City Attorney. Ms. Kubin expressed her appreciation to
City Council for their continued support:
2016 GENERAL ASSEMBLY BILLS
ON EMINENT DOMAIN
PRESENTED BY:
REBECCA D. TURIN, DEPUTY CITY ATTORNEY
City Council Briefing
January 26, 2016
Below are the four(4)Eminent Domain Bills currently introduced in the General Assembly:
4 EMINENT DOMAIN BILLS
INTRODUCED
• SB 237-Property Owners' Association Act
• Patron:Petersen
• SB 478-Eminent Domain; Reimbursement of Costs
• Patron:Obenshain
• SB 543-Inverse Condemnation Proceeding;
Reimbursement of Owner's Costs
• Patron:Obenshain
• SB 109-Eminent Domain Proceedings;
Commissioners to be Summoned at Least 30 Days
Prior to Service
• Patron:Petersen
January 26, 2016
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CITY COUNCIL'S BRIEFING
EMINENT DOMAIN LEGISLATION
ITEM#65615
(Continued)
SB 237—Condemnation of Common Area and Valuation is being proposed:
SB 237 VIRGINIA PROPERTY OWNERS'
ASSOCIATION ACT;CONDEMNATION OF
COMMON AREA,VALUATION
• Proposed Change to Virginia Code§ 55-516.2:
55-516.2.Condemnation of common area;procedure.
When any portion of the common area is taken or damaged
under the power of eminent domain,any award or payment
therefor shall be paid to the association,which shall be a party
in interest in the condemnation proceeding.In valuing the
common area that is affected,the factfinper sha I take into
account all relevant circumstances,including The value of those
neighboring properties that hold easements.
• Effect,if adopted:Removes judge's discretion to
determine"relevant"evidence by requiring them to
allow into evidence values of adjacent properties,which
may or may not actually be relevant
3
SB 237 VIRGINIA PROPERTY OWNERS'
ASSOCIATION ACT;CONDEMNATION OF
COMMON AREA, VALUATION (coN I.)
• "Just compensation"is the market value of the
property being acquired.
• Appraisers look at the property's benefits and detriments
and assign a value.
• They generally do not look to the adjacent property values
unless they are similar,comparable properties.
• An appraisal methodology has been used by some
appraisers to value neighborhood open space land
• assign a reduction in value in all the homes that have rights
to use the common areas
• Can result in distorted valuations.
a
January 26, 2016
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CITY COUNCIL'S BRIEFING
EMINENT DOMAIN LEGISLATION
ITEM#65615
(Continued)
Below is an example of what will happen should SB 237 pass:
EXAMPLE:
• Assume a small
strip of land is •
{
acquired for a
road project `°
(red),
• If owned by a
single owner (not *Vitt 4,4
as common
area),assume it 4sag '-
would be valued
at$20,000
• if purchased from 1110 131yo
the developer "
before any homes II al
are built
1$ 04 eti
t .
SB 237(COMMON AREA) EXAMPLE(CONT.)
• Under SB 237,the HOA's appraiser could value the strip of
open space by claiming each of the homes in the subdivision
is damaged(1%to 10%) by the public use of the land.
• Not considered by this method are actual intrinsic qualities
of that strip:
• size
• restrictions on use or development
• improvements on it,if any
• the cemetery next to it,limiting its usefulness
• wetlands,if any
• Instead the appraiser considers"the value of those
neighboring properties that hold easements"as called for in
SB 237
January 26, 2016
I III i i
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CITY COUNCIL'S BRIEFING
EMINENT DOMAIN LEGISLATION
ITEM#65615
(Continued)
SB 237 VIRGINIA PROPERTY OWNERS'
ASSOCIATION ACT;CONDEMNATION OF
COMMON AREA,VALUATION(CONT.)
• Assume home values in the neighborhood average$300,000
If the appraiser claims 5%damage to each home caused by the
acquisition of the strip of common area land(for a total of
$15,000 Der home),in this example,the appraiser's evidence
allowed to go to the jury would be:
80 homes x$15,000: $1,200,000
• If the HOA were purchasing the same property,would it pay
$1.2 million for it and assess each owner$15,000? They might
pay$20,000 total and assess each owner$250.
7
SB 237 VIRGINIA PROPERTY OWNERS'
ASSOCIATION ACT;CONDEMNATION OF
COMMON AREA,VALUATION (coNT.)
• Virginia Beach is home to many large neighborhood
subdivisions:
• Castleton 770 homes
• Courthouse Estates 1,100 homes
• Green Run 4,200 homes
• Indian Lakes,1,600 homes
• Even a small acquisition from the shared open space in
any of these neighborhoods,if valued using this method,
would yield a value in the millions of dollars.
• If a judge believed this appraisal methodology was
misleading,the SB 237 amendment could be used to
force the judge to allow it into evidence.
8
January 26, 2016
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CITY COUNCIL'S BRIEFING
EMINENT DOMAIN LEGISLATION
ITEM#65615
(Continued)
SB 237 VIRGINIA PROPERTY OWNERS'
ASSOCIATION ACT;CONDEMNATION OF
COMMON AREA,VALUATION(CONT.)
• Relevant evidence is already admissible,so the amendment is
unnecessary.
• The court is the best decider of what is relevant based on the
facts presented in each case.
9
Below is Staff's analysis of SB 237:
SB 237 VIRGINIA PROPERTY OWNERS'ASSOCIATION
ACT;CONDEMNATION OF COMMON AREA,
VALUATION(CONT.)
• Staff analysis:
• SB 237 would result in significantly increased project costs for
road projects,stormwater projects,and utility projects
• In projects where open space is needed
• By allowing into evidence appraised values of the other
neighborhood properties.
• Recommend authorizing City staff to oppose this bill.
io
January 26, 2016
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CITY COUNCIL'S BRIEFING
EMINENT DOMAIN LEGISLATION
ITEM#65615
(Continued)
SB 478—Reimbursement of Costs is being proposed:
SB 478 EMINENT DOMAIN;
REIMBURSEMENT OF COSTS
• Proposed Change to Virginia Code§25.1-245 (Costs in
Eminent Domain matter)
Current law: After a trial,the court may order the
condemning party to reimburse the owner for(i)
reasonable costs,other than attorney's fees,and (ii)
reasonable fees and travel costs,including appraisal and
engineering fees incurred by the owner,for no more than
3 experts,
But only if:
• the award at trial is:
• 30%or more over the amount of the condemnor's written
offer made not later than 60 days after receipt by the
petitioner of a complete copy of the owner's written
appraisal:and
• the owner provides a written appraisal to the
condemnor
11
Below is the comparison of the current law and the effect of the proposed Amendment:
SB 478 EMINENT DOMAIN;
REIMBURSEMENT OF COSTS (CON!.)
Current law(25.1-245): Effect of amendment:
Costs are recoverable if: • Reduces the threshold
• award is greater than amount to 20%over
30%over the amount of the City's initial offer
the condemnor's written
offer:and
• No written appraisal
• Offer is made within 60 required from property
days of receipt of owner's owner
appraisal
• Owner's appraisal must • Allows >3 experts, if
be in writing City offers more
• Allows up to 3 experts
iz
January 26, 2016
li
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CITY COUNCIL'S BRIEFING
EMINENT DOMAIN LEGISLATION
ITEM#65615
(Continued)
Below is the offer process:
SB 478 EMINENT DOMAIN; REIMBURSEMENT
OF COSTS(coral.)
EMINENT DOMAIN OFFER PROCESS
1. Project plans are designed and plats are drawn
2. Appraiser goes to visit each site,reviews plats and
plans and makes an estimated value
• Sometimes(often)the appraiser is not given full access to the
property
• Sometimes(often)the appraiser is not provided with requested
documents that affect value(leases, environmental reports,
plans for redevelopment)
3. Offer is made based on the City's written appraisal
(which must be provided),and the City's Right-of-Way
Agent negotiates with the owner
• Sometimes(often) the property owner does not get their own
appraisal or provide any documentation for a higher value
13
EMINENT DOMAIN OFFER PROCESS(CON I.)
4. If parties can't reach an agreement,the Certificate is
recorded in land records.
• Often up to 6 months after appraisal,to allow sufficient
opportunity to negotiate
• Certificate recording date="Date of Valuation"for trial
5. After certificate is recorded,the appraiser must
update the appraisal to the Date of Valuation
• The value sometimes increases in the updated appraisal,
because the owner may have provided the necessary
information that the appraiser initially had requested
6. Petition for Condemnation is filed and the matter
proceeds to trial.
14
January 26, 2016
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CITY COUNCIL'S BRIEFING
EMINENT DOMAIN LEGISLATION
ITEM#65615
(Continued)
SB 478 EMINENT DOMAIN;
REIMBURSEMENT OF COSTS
• Before 2007, appraisal costs were not recoverable,
• The General Assembly amended§25.1-245 in 2007 to allow
appraisal costs,but also required that written appraisals be
provided to the condemning parties to be eligible for
claiming these costs
• Before the 2007 amendment,the City rarely received
written appraisals from the property owner
• Without a written appraisal,the City could not determine he
basis for the landowner's value until depositions were taken
• Written appraisals are more concrete, easier to see
how the appraiser arrived at a value,and therefore
easier to evaluate for whether it is the correct
number
• They help us get to a settlement faster is
SB 478 EMINENT DOMAIN;
REIMBURSEMENT OF COSTS(CONI.)
• SB 478 also would require the City to pay for expert
witness fees, including appraisal costs,for 3 experts
(or more if the City calls more),when it never got an
opportunity to see any appraisal before trial.
• The City typically matches the number of experts the
landowner calls at trial in order to respond to their testimony
• Main concern with this part is raising the allowed
number of experts
• Would like to see a revision that if the initial expert
designations are City:2 and Proaerty Owner:5
and if the City adds 3 experts to respond to property owner's
witnesses, the owner still only gets reimbursed for 3.
Jo
January 26, 2016
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CITY COUNCIL'S BRIEFING
EMINENT DOMAIN LEGISLATION
ITEM#65615
(Continued)
If adopted, SB 478 will create a law that will allow the below scenario to take place:
SB 478 EMINENT DOMAIN;
REIMBURSEMENT OF COSTS
• SB 478,if adopted,will create law that would
allow this to happen:
• City's initial offer and certificate is$7,000;
• Landowner's appraiser values the property taken at$350,000
with no written appraisal provided in support.
• City offers to settle for$15,000 during negotiations and is refused
• If verdict is$9,000(which is more than 20%over initial offer of
$7,000),court could order City to pay all the costs for all the
landowner's experts,even the landowner's appraiser(s),whose
testimony was apparently not accepted by the jury.
iz
SB 478 EMINENT DOMAIN; REIMBURSEMENT
OF COSTS(cON I.)
• Practical effect of this amendment:
• More litigation and less settlement;
• Allows the property owner not to provide a documented appraisal
• Prevents the City from evaluating the basis for the owner's claimed
value.
• Prevents reaching settlement.
• City staff will be tempted to make Initial offers that are much
higher than appraised value,in order to avoid threat of costs.
• The City will be chilled from calling more than 3 experts,even if
the property owner calls more(broker,engineer,appraisers,
accountants,etc....)
• Threat of costs may encourage the City to settle for well more
than staff believes is just,out of concern City will have to pay
all of these costs if they do not settle.
18
January 26, 2016
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CITY COUNCIL'S BRIEFING
EMINENT DOMAIN LEGISLATION
ITEM#65615
(Continued)
Below is the Staff's analysis of SB 478:
SB 478 EMINENT DOMAIN;
REIMBURSEMENT OF COSTS
• Staff analysis:
• SB 478 would result in increased project costs,litigation
costs,and would prevent settlements
• Recommend authorizing City staff to oppose this bill.
19
The next proposed Bill is SB 543 and Staff does not suggest opposition:
SB 543 INVERSE CONDEMNATION PROCEEDING;
REIMBURSEMENT OF OWNER'S COSTS(Obenshain)
• Proposed Change to Virginia Code§ 25.1-420
• Will allow the court to award costs in an inverse condemnation case,when
the property owner is awarded judgment for the damaging of their
properly that does not rise to a taking
• The plaintiff may be awarded costs,disbursements,and expenses,
including reasonable attorney,appraisal,and engineering fees
• Under current law,the court is directed to award costs only for
the"taking"of property.The change made in this bill
corresponds with the language of Article 1,Section 11 of the
Constitution of Virginia
• Note: the summary page in the General Assembly states this is to
address the 2013 change in the Constitution,but before 2013,the
constitution already provided that no private property shall be"taken
or damaged"without just compensation.
• No opposition recommended 20
January 26, 2016
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CITY COUNCIL'S BRIEFING
EMINENT DOMAIN LEGISLATION
ITEM#65615
(Continued)
Lastly,proposed Bill is SB 109, Staff does not suggest opposition:
SB 109 EMINENT DOMAIN PROCEEDINGS;
COMMISSIONERS TO BE SUMMONED AT LEAST 30 DAYS
PRIOR TO SERVICE(Petersen)
• Commissioners in eminent domain proceedings.
Requires commissioners in eminent domain
proceedings to be summoned at least 30 days prior
to service.
• Under current law,such summons is required at
least one week prior to service.
• No opposition recommended
• Allows more time to ensure a full panel can be available
• Gives the commissioners more time to make arrangements
to be away from their obligations
• Allows more time for each side to be prepared for trial and
creates a better process
21
Mayor Sessoms thanked Ms. Kubin and the entire team for their work.
January 26, 2016
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CITY MANAGER'S BRIEFINGS
ENERGY PRESENTATION
ITEM#65616
4:26 P.M.
This Briefing is cancelled and will be rescheduled
January 26, 2016
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CITY MANAGER'S BRIEFINGS
TRANSIENT ORIENTED DEVELOPMENT
CASE STUDIES
ITEM#65617
4:26 P.M.
The Briefing for Transient Oriented Development Case Studies is rescheduled:
January 26, 2016
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CITY MANAGER'S BRIEFINGS
2015 CITIZEN SATISFACTION SURVEY
ITEM#65618
4:26 P.M.
Mayor Sessoms introduced and welcomed Nanci Glassman, President — Continental Research. Ms.
Glassman expressed her appreciation to the City of Virginia Beach to perform such a successful Survey
and provide the results of the 2015 Citizens' Survey, which will show how well Citizens feel about
Virginia Beach:
s 2015 City of Virginia Beach
` Citifens' Survey I Iii.hlights
How do residents feel about their community
and the services provided by the City`'
Continental Rc,carch As,ociatcs. Inc.
\orlolL. Virginia
Below is an overview of today's presentation:
Presentation ON erV'i(
• Background & methodology
• Survey results
• What drives satisfaction''
• Geographic breakdowns
• Summary
January 26, 2016
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CITY MANAGER'S BRIEFINGS
2015 CITIZEN SATISFACTION SURVEY
ITEM#65618
(Continued)
Ms. Glassman provided the Methodology as to how the Study is conducted. The sample is taken from a
cross section of the City with most calls being made in October:
Backrirottnd & �'(tthutt(t4ct,:��
• the benchiniirk study \\us performed in I Or)J
• IIn,re,carchnook ednuuiy ,cientilicprotocol,
• 19-min. ,un ev in October(randomly-,eleeted hou,rholds)
• !\a,well-received: people like to share their opinion,
• Sur\eyed X2(1 houxhold,(hv lundlinc ue cell phone)
• I:ycellent Alnruin of terror: (t.) to 4.;
• Our report display, the result;since 2011.;
■
\more detailed analysis vrus pro ided
Ms. Glassman provided the word scale used in the survey. She is pleased to report that nineteen (19) of
the thirty(30) City Services rated above 80%:
Participants rated their satisfaction with
30 (_'its services & CharaetCristiCS:
L
Very satisfied
7 Satisfied
0 Dissatisfied
0 Very Dissatisfied
lu sunnnariie: yrry tinti,ficd - "��itr.ticd
localities often seek satisfaction levels of SO°a inn hiohari.
19 of the 31)City services rated above the 8O threshold.
January 26, 2016
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CITY MANAGER'S BRIEFINGS
2015 CITIZEN SATISFACTION SURVEY
ITEM#65618
(Continued)
94%of those surveyed were satisfied with City Services overall:
r he 10 ('rte services and char..?ctr'r is,tcs:
6 1 lad ower 95' satisfied
6 9O°i0 to 95°0 were satisfied
7 80%to 89°i) \\ere satisfied
9 70°t, to 79°i, were satisfied
2 Fewer than 70'x, were satisfied
30
I`f t 5...
9400 were satisfied with City services t'`_
Six(6)Departments ranked above 95%:
�iati;facliuu hfokc9:7N''„
Satklic(l*
Fire Department 95.8°''
Paramedic & Rescue Squad 95.3°x,
Public libraries 97.;
Recreation centers 97.3°„
Museums, the aquarium.
cultural arts activities 96.5
911 Emergency telephone Center 959
January 26, 2016
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CITY MANAGER'S BRIEFINGS
2015 CITIZEN SATISFACTION SURVEY
ITEM#65618
(Continued)
Five (5) items ranked between 90 and 95%:
Sttisfactiot► i.cv cis of 90' tai
Salm!icd
Horticultural & Agricultural services
City parks 93.5"„
Overall appearance of the City 91.7°0
Police Department services 91.7°0
Courtesy of City employees 91.0'
ON appearance of your neighborhood 90.4"„
Seven (7) items ranked between 80 and 90%. Any comments that citizens offered are recorded in the back
of the report verbatim:
Satisfaction Lev cis of Stl",, to Xq`°4,
��s,iu:fird^
The 3-1-1 system 89.8°0
Public beaches 88.3".
City trash collection& recycling secs. 8 .0
The public school system N5.8".
Efforts to combat gang activity violence 83.1%
Mental health intellectual disability secs. N 1.0
Condition of streets in your neighborhood 80.X"
v,•,,
January 26, 2016
III
-22-
CITY MANAGER'S BRIEFINGS
2015 CITIZEN SATISFACTION SURVEY
ITEM#65618
(Continued)
There are a number of issues that ranked below 80%; however, it is important to note that the "traffic
flow"should not be a surprise because it is the nature of Hampton Roads:
Satisfaction I cis 13ci(Eov 80",,
s.ni,fi,d'
I'i teetin��nauiral res ce,green,pure
IhinkinL1„eiei &\\t1,1,:\\ ,fires
l he j,h npp„rtunities in\iminia Ilcirh y„
\\orkin_„ith,Ihcr a,mmunilies ices
I he lcvcl nl c,mmunicalion( ii, has„iih residents -4 d,
Scnire,L i iier,l, 111h„meles,I;,milie,
Planning I i resi lential�lesel„hment
Plannim \ rnnsinWhin of nc„ ( it, ails
\laint�nance, l , r a,l,cKi hridees
Ilio have t„,hale,pinions
the Ih,,, of lr;lllie in the('il, ;ii4
Remember:
94.0% were satisfied with
City services Oy71-[.R:1I I _
January 26, 2016
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CITY MANAGER'S BRIEFINGS
2015 CITIZEN SATISFACTION SURVEY
ITEM#65618
(Continued)
Below are the factors that drive residents'overall satisfaction with City Services:
Vs al tins is ;ill s�►ti<,(ztatitttl'
to1111 1. ilv Sa'1 1cts.'
#1 Courtesy of Cite employees
#2 Drinking(Nater/ssaste NNater collection set Nices
#3 Opportunity residents have to share their ideas/opinions '
#4 ONerall appearance of the(its
#5 Nlaintenance of roads& bridges
#6 Police Department services
It is important to note that the percentage of Citizens using services are likely to rank them higher as is
indicated by the '°'*"to the right:
`'o I_,stun hew Sersiatr�
Visited a public beach On V13) SU.�
Visited a Cite park 6
Visited a V13 public Iibraior used
library from home \\ork 71 9"„
\\cnt to a museum_ the aquai ium. or a
cultural activity In V13 (3.i
Contact vvithobscrvrd Public Baldy 631".,
Contacted C by phone Internet in person 57.>
Been to a A'13 recreation center 49.6
520)
January 26, 2016
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CITY MANAGER'S BRIEFINGS
2015 CITIZEN SATISFACTION SURVEY
ITEM#65618
(Continued)
\\ hat c l'v pt c�ilirts rc� i Jcii ' ifs c�rall
with I
The number of things residents participate in
predicts their overall satisfaction with City services.
Ilrr rttc�,c In I tilt siticrtty to r, tilt trtr?f t�
littf �F[
ti tilt a c' It'rrlB _tfl` h 'rrict".
"Rased on 1 1.11111,11111111 41114111.1.ii1111 111111111cr 11.14.
\1si1iu;;a rec.center.part.,14 Rh 11111.1 IN or 1111151.11 111 41111111/111111 L1111 11 al ar IS tells
In 2011, a new question was added regarding how residents prefer to receive information and,
overwhelmingly, electronic communication is the preferred form:
NOS% do Cott prefer 10 go info On ( its
programs, sere lees, & issues'?
\iSc.(14111'1;
VIroupedl
(1111111/111111, 17.3"a ('its,�cchsitc
S.0"„
3 a:
T
I-:mail from City
Printed 20.l(i
nes\'spaper
I L3°i, I'.rnhhlrh
nc�\,111111
in the mail
January 26, 2016
-25-
CITY MANAGER'S BRIEFINGS
2015 CITIZEN SATISFACTION SURVEY
ITEM#65618
(Continued)
A total of eight (8) statements were provided about "Life in the City" and safety continues to be
important and track very high:
Itt3 " 1t!rce€1" yi oh I. ai It siatt mritt
\V'ho:xgrru"
Virginia Beach is a good place to lige. 96.0
For the most part. I can conyenicntl
access City services.
Virginia Beach.in general. is a safe
place to lig e. 94.0"x,
My neighborhood is a safe place to lige. 90.2
_�uw;-i) -CHH Aaia
Even during challenging economic times, those surveyed believe they receive good value for their City tax
dollar. It is important to note that favorable rating for taxes never receives a good rating:
who - �2,rc•etl"' \\ ith l':aeh Stammo,
h„ngrcc"'
I louses in my neighborhood are
well maintained. Ni1.7%
Overall. I receive a good yaloe fi -my
City tax dollar. fi0.0').
I know how to inform the City about
the way I feel on important issues. 73.1°0
The roads I use in Virginia Beach are
generally too congested. ._ 72.70
January 26, 2016
I II I
-26-
CITY MANAGER'S BRIEFINGS
2015 CITIZEN SATISFACTION SURVEY
ITEM#65618
(Continued)
\1 hat predicts residents' satisfaction' ssitlt
the s aluc rcceis ed for their la‘ dollar?
#1 Maintenance of roads& bridles
#2 Drinking eaterANastoNater collection services
• #3 Overall appearance of the City
#4 1esel of communication with residents
#5 911 Emergency Telephone Center
#6 Public school system
The percentage of residents that think the City is a good place to live has always ranked very high:
Residents Appreciate the City
% Who Think VB is a Good Place to Live
January 26, 2016
-27-
CITY MANAGER'S BRIEFINGS
2015 CITIZEN SATISFACTION SURVEY
ITEM#65618
(Continued)
The results were reported by area within the City in an effort to help track where there are potential
issues:
0/0 Satisfied With:
�l0.0%ro M.f%
®lSp6bB.9%
"CitN Serf ices
3tt _ ®9S0%b W.91b
ON'el"all"
:r46% wn ...r _ v:X 14 -. �.
0/0 Satisfied With:
Appearance of
niN Neighborhood"
January 26, 2016
-28-
CITY MANAGER'S BRIEFINGS
2015 CITIZEN SATISFACTION SURVEY
ITEM#65618
(Continued)
`%t Satisfied \1'ilh:
4110rNAt 73;.;.:,`AA%.b A.9X
W e1b bM.9%
IF=
4
"Condition of
���" Sheets in my
Neighborhood"
-Alb.
ideas for AIakiog \ ,4 ifcacli a Better Place to I.il,e
o
N
t �N
fie,
� l i Nu a
'�
Eiit eft sci, : � i =-
i -
hm � Eve thin ! sfntT
Traffic flow problems
Cost of living is too high
Morefree oc,Mrw Wong for torah
January 26, 2016
-29-
CITY MANAGER'S BRIEFINGS
2015 CITIZEN SATISFACTION SURVEY
ITEM#65618
(Continued)
Below is the demographic information of residents surveyed. The average age is 47.1 years old with an
average income of$80,281:
i ttii f t"o,,,-`cction of RcNidetit, !`ztt fs`t ipettcd
\v ofvein', livedinV'B 23.7vr:.
homcovv Hers 72.1
"0 renters
vo ith children in household „
registered voters 7A.�
Avg. agr 47.1 vr,. old
o ith education hcond high school I.0
"0 Caucasian (0).(
°11:African:�Inerican 1
household income ti�ll?RI
Overall, Citizens feel they have a nice quality of life and feel connected:
1'o sUrnmarite...
• Virginia Beach residents really do enjoy a nice quality of
life here. Over 95"0 report this is a good place to liye.
• During the interyicvos. it voas clear that residents feel
quite connected to the city.
• It-s an attractive place: 91.7 are satisfied vyith the
appearance of Virginia Beach.
• Its a safe place to live. An impressive 910'0 said that
Virginia Beach is safe. and just oyer 90 felt that their
ovvn neighborhood is a safe place to liyc.
• I he public appreciates ghat the Cite does: 80 even
said they get"a good \aloe- for their tax dollar!'
January 26, 2016
-30-
CITY MANAGER'S BRIEFINGS
2015 CITIZEN SATISFACTION SURVEY
ITEM#65618
(Continued)
• As departments focus on prov iding ease access to their
ser\ices. Q4.6% of your residents report being able to
con keniently access( itv ser\ices.
• And. Q-10,arc satisfied \\ith ( itv ser\ices ov erall.
• \Vhen asked \\hat the City could do to make V13 a better
place to line. the suggestions were logical. Continue to
focus on those areas(traffic.ne\\ roads. jobs. etc.).
• Residents appreciated the opportunity to cypress ho\\ they
feel about living in Virginia Beach. lie Sure to read their
verbatim comments. 1 hey had 9 pages of suggestions.
Below are a few quotes from citizens:
�Il CI(t>ii L ;1 LT. )1,.'e.
•'l a oold nut rhuosr do lit e univyhrrr rLsc
"I���rittia Beach is such a vibrant town with so nut(h hultltcnin,g.
"I tint math cxc itcd about the.schools herr
..1 herr we su Malt things hc'a°dial ire COU/(111(1(7.Jird
r/sc°n herr: ire urr 11(0111!...: c°rrn a/icr ntr lurshuod rcdirrs /ions the
ntiiitu/i.
"il'hrrn relutirc's visit leant Ohio, tier tire' vol stn tains o/our
li/csdrlc herr."
Mayor Sessoms thanked Ms. Glassman for the work she and her team have done and the great
information provided in this report.
January 26, 2016
-31-
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#65619
4:50 P.M.
Mayor Sessoms welcomed Barry Frankenfield, Director — Planning. Mr. Frankenfield expressed his
appreciation to City Council for their continued support:
City of 11/4A3
Virginia Beach
PLANNING ITEMS
City Council Agendas
February 2, 2016
February 16, 2016
Six (6) items are scheduled to be considered on February 2nd and have been Briefed previously as they
were scheduled for January 19th
SUMMARY- FEBRUARY 2ND
•
Six Planning Items are proposed for City Council's
consideration. These six items were on the January
19'h City Council agenda. Due to complications with
the legal advertising requirements, all six items were
moved to the February 2nd agenda.
2
•
January 26, 2016
I II I
-32-
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#65619
(Continued)
Jess Stevenson
Lynnhaven District ' \ �'D
Conditional Use Permit for
an Outdoor Recreational
Facility at 712 Little Neck
Road(St.Nicholas Catholic / • y •
Church).
•
Planning Commission 65 dB DAM 1r,1
voted 9 0,with two
absent,to recommend utas 4342it e.
approval
3
Jess Stevenson
• applicant twahes to hold lactose practice on a
i '
utedceeloped portion of the church eropertp. 014,
[ r
• hractuc will lee Ntnnday-Thursday in the
evenings;and loam 1 pm.to 3 p.m.oa the
wcckonds.
No recreational ontlitty will take place within
125 feet of Utile Keck toad to protea
vehuuler traffic.
4
January 26, 2016
-33-
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#65619
(Continued)
Danielle Good °•2
Lynnhaven District az
(Seae+ t SCA) a °�
randtt!QUI L s Retli s a2
for a Vocational School
and Tattoo Parlor at 38?a
Virginia leach Rovlevard.
uW....ar.Y.re
Planning Commission
voted 9-0,with two
absent,to recommend
approval.
s
Danielle Good "
• Applicant wishes to teach entry level
permanent cosmetic tattoo techniques in *.
preparation for the exam with the State war
Licensing Board of Cosmetology.
Students will practice on manikins and human \
skin
No changes ate proposed to the existing
building or the site. ,.r
vr.�m„e�,a,eow,•.a•e
�.
6116
January 26, 2016
-34-
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#65619
(Continued)
John FInguerre /1)(
pp ti _
L_ynnhaven DIstrIct
Subdivision yariante to
Section 4.4(b)of the
Svbdlvision RPplations• �e
1 49 Rost Lane.
Planning Cornmissinn
voted 9-4,with two
absent,to recommend
approval.
7
John Finguerra
ete
• Applicant owns two,adjacent substandard lots. -''"
recorded in 1927.
• A single-family dwelling was constructed on
the southern lot in 1973 along with a -----
bulkhead that is partially located on the e <,y
adjacent northern lot •.
• The proposed subdivision variance will allow - -----
the internal property line to be moved so that
the bulkhead Is entirely within the southern
lotLon.
•
8
View from the west
January 26, 2016
I I I I
-35-
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#65619
(Continued)
John Fingucrro
.rs
•
ji
J -I •
3peT1.
•
Existing lots Proposed lots
9
Virginia Beach , A'
Travel Soccer, Inc.
Rose Hall District Rab 8.2
\\ ee 1
Conditional1ConditionaltJ6Rit.C..MIS_fQF
an Indoor Recreational \, avtmwr
�s>aeeo
Ff on the northevar side \
of 8oc @�rekner t3aulevard,west
of Holland Road. - w„r
Plant it Commission n R-pp
voted 8-0,with two absent
and orie abstention,to
recommend approval.
10
January 26, 2016
-36-
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#65619
(Continued)
Virginia Beach Travel Soccer,Inc. '' is•
• Applicant proposes to construct a 24,000 square
foot indoor indoor weer facility containing two soccer '4.""
fields,office space.locker rooms,and an {#
observation area.
• Applicant has previously leased space at the Rave
Soccer Complex on Shipps Comer Road.
• Access to the site will be from an existing curb e
cut along Buckner Boulevard.and a cross access
easement from the adjacent Walmart parking „•
property
�� a»
11
Whiskey River � ..
Development, LLC \\\/
Princess Anne District
Conditional Use Permit ford' r'
a Tattoo Parlor at 2135 p JJJ
General Booth Boulevard f
(Strawbridge Shopping
Center).
Planning Commission
voted 8-0,with two absent
and one abstention,to �w
recommend approval.
12
January 26, 2016
I II I
-37-
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#65619
(Continued)
Whiskey River Development,LLC S
• Aopheant oiuputet he iotugY 4,444 Kite.feet
10 the Stiiwbrldpe 5h;4411Rp Center toµgrate g
tettwp parlor.
• tits it located pOq feet behind the 1.441 gi4sler.
the 4ft'lkant w.11 tentwate the interku at the
unit,onk changes to the Ole vital of the unit will
he new alaiuoa.
13
CITY OF VIRGINIA BEACH
An Ordinance to Amend Section 801 of the City Zoning
Ordinance Pertaining to the Requirements for a Farm Stand as a
conditional use in the 0-2 Office District.
• Section 801 limits the size of a farm stand to 1,000 square feet.
This amendment deletes this maximum and allows the size to be
determined with a conditional use permit.
• The amendment clarifies that only agriculture and agriculturally-
related products,as defined in Section 401(e),can be sold at a farm
stand.
• The amendment clarifies that areas where crops will be grown
and/or farm animals kept must be identified.
• The amendment requires one parking space for every 250 square
feet of covered farm stand sales area unless a modification is
warranted.
• Planning Commission voted 11-0 to recommend approval.
14
January 26, 2016
-38-
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#65619
(Continued)
Seven (7) items are scheduled to be considered on February 16th:
SUMMARY- FEBRUARY 16TH
•
Seven Planning Items are proposed for City Council's
consideration. All Seven Items were recommended for
approval by the Planning Commission and the
Planning Staff.
Mark& Cynthia r `
Summs . ..".,,
41
kith District
MiadibutioluaLaI
. C onabn od..ate-
���lEiSap,�l _P�CCI3t_fgr q rw, ,
a Bulk Storage Yard ! "'
approved on May 12, ° '' •
1998. L •
Planning Commission »S E9 OM AtCUI
voted 11-0 to recommend A"'
approval.
16
January 26, 2016
-39-
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#65619
(Continued)
Mark&Cynthia Summs no„noaa
• A Conditional Use Permit for a bulk storage - ,-
yard was approved on May 12.1998.The
applicant wishes to expand the existing --
storage yard.
The expanded storage yard will be used for -
repossessed vehicles,as well as the storage of
recreational vehiclesboats,cars and other ouariry co,r -
equipment ..The storage areas will be screened on the front
and side with a 6-foot privacy fence.The rear - -
of the storage yard will be enclosed with a
chain-link fence.
• A two Story.10,000 square loot warehou se
building is also proposed. s..a
17
Existing Building
Mark&Cynthia Summs
itted'15i-iah' i, ---- Mark&CMth a S
ar
off'
•
• ' •'< anew f ;IA
T
*ualftVleOrt'.
18
January 26, 2016
-40-
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#65619
(Continued)
Oceanfront ,
Investments, LLC
kaeh rllitrlot a'-
,
$ubdjyision Variance to
Section 4.4(el)of the
Subdivision Regulations,
requiring direct access to
a Public Street. F in
4201 Atlantic.Avenue.
Planning Commission
voted 9-0,with two -
abstentions,to
..
recommend apgroval.
19
Oceanfront Investments,LLC - --_ _
• The aopittant to reuttesting to sulteltu of the 1 •- -
6.IS I am parrot Intothree Its(iA,2A 3At. I ? l
Ronal 2A daps not front a nettles right ot tam, :. PARCEL 1A
Ihcraran a sgkdivisian variance is netessa y et
In legally record is lot. t' j
PM ) I.
An ingress i egress easement is too uirtd to
provide access to Parcel?A oorpss hereat IA er i _
3A,to Atlantic Avenue at Paeitit Avenue.
• Parcel3A will be the site of the new$each
Club.to ha eanstrue ted poor to the hotel
project.The Sleuth Club neods to bo a '' PARCEL2A I r'
separate p41001 duo to financing arrangement..
A I = \ PARCEL 3A ti''
20....,
January 26, 2016
I 1
-41-
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#65619
(Continued)
Oceanfront Investments,LLC
'I i ......-..
-----7r---- 2..,
,...,,=.. r-
• 111, — -jilt=- ' 1 i
\ —
k _ =
10, 1 t
,- .-
' 1
\ . ,
, 30%
21
Michael [linen'
_ ,/,- _ _ ____- _
"."
PrinCeSS Anne Olarict - it' -----... PD-Mt-- !
, /
Subdtvieion Variance to / /
Section 4.4(d)of the / /
/ •
/
SON1IVISICM Ittplations, / /
/
',mitring direct access to / _ /"/-
a Public Street. - / P1:1411/...
2929 Riddick Lane .
\ ,..
/1,,,_
Planning Comenksion -.. _
... I -
voted 11-0 to recommend ''. \ f, - ,/ _
aooroval.
22
January 26, 2016
-42-
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#65619
(Continued)
Michael Binetti " U
epw>�
•
The subject lot was illegally established by a
survey on July 24.1956.
. The 144-acre lot contains a single family
dwelling.No changes to the lot or dwelling c _
unit are proposed.
• The lot is accessed via a 30 foot private drive
.�.
(Riddick lane),and does not front a public f
right of way,therefore,this subdivision
variance is necessary to legally record the kg s ;*
aaa,. a
23
William H.Johnson •��, , �� _� _ - ,%
—'dam - PD411—
Princess Anne District _
– f &111144/11(1.1I
$ubdtvisian ariancf to
V
Section 4.4(d)of the
i �
Subdivision Regulations, �r�/
requiring direct ACC et to
a Public Street. /41.1 / Po,1
S0-feet northwest of _
Riddick Lane. `
Planning Commission
�.
voted 11-R to recommend
approval.There was one
speaker in opposition.
24
January 26, 2016
I I I
-43-
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#65619
(Continued)
William H.Johnson e ■
• The subject lot was illegally established by a
survey On July 24.1956-
• The 1.61 acre lot is undeveloped.
•
• The lot is accessed via a 30-foot private drive
iRiddick lane),and does not front a public -
right of waytherefore,this subdivision
variance is necessary to legally record the lot. vv, :. �"
3a
a'
¢ M O a
25
William H.Johnson
•
i s
e
it
•
Lel r.Qr..�
., —..,
wiureRioeiioe
c4Lee
7:726
��.. sem.,..•los....�I.a..�,
January 26, 2016
-44-
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#65619
(Continued)
Discount Tires of - /
Virginia, Inc. _—____� �,_�" »S dB DM
Princess Anne District -------\ ---
iconditional Use Permit for
an Automobile Repair i - "”
Garage at 1600 General - fes'
%
Booth Boulevard. / r ` - �_
- .n: ., �\\
Planning Commission
voted 11-0 to recommend
approval.
27
Discount MIS of Virginia,In.
"
• The St1h73.1 site,preVWUflY dcyelvped With a 4
gas statloFl.is currency wsdsval411ed
• The apFdieant proposes 35 develel9 the site WO
a 7.373 square foot.lllscuunr The sales and -- `:r:::c '
se tyke 1.1114o� ,,
Attest to Ilp 3155 Will b5(tont oaistinq(WV ,,-;
cuts along{metal bwe
ooth RoWerd and nw - �
hied Road.A salts Nun lane 19 the rite
rvrrenlly 3515513 along Ram 35764 Road ..-
,-
Crepe faygte trees Will be lnsfalled aIry
vrg
General&oath&oul5eard Is match the nkat •w
eammerrial properties located 51514t1,ollhe
f9bitct 5545.Fnhapeed landscapinq WW be
installed along flat.Neck Road.
. The existing c.Wpe'WOO Sties and ee9eratico
alvnq the 140thern brvpetty lint will be
351eserxad Is the greatest omen[p4ssiF3le.
z5--- 1 1 1 I. .....rs
e .1' • a 1 i MNMO
is ma
.ws+ 28
January 26, 2016
-45-
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#65619
(Continued)
Discount Tires of Vir9iniL Inc.
•
e e
v
r u b
Q
Kmley*Hon j
erI
Discount Tires of --- ' `—";,fir( i
Virginia, Inc. 1111
-.
Rose Hall District r
Conditional Use Permit for Ai.
an Automobile Repair
Garage at 3949 Holland
Road.
Planning Commission a
voted 11-0 to recommend £
approval.
30
January 26, 2016
I I i I ii
-46-
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#65619
(Continued)
Discount Tires of Virginia,inc. ---
• The tubjOst ittt it a mar Wig 441-Wilt!- Moii�e rsn..a
creat.¢in?O t 1.of tht Sgpec kip(tpr grtOery
attire al the inner 01 kloUand Road abe gr'
Windsor Mks Roularaid. o°
The Apr./Kant pioposas to dai;alop iiia 4W3nt
alt.*aft a Discount`iiia sobs and servo.
facility. 3,e
Access to Ihi Silt will be fiern an Internal drive
aisle.lb.shopping canter bas se4.ral access
points alenq Wlndaei flaks 0.00Rvardand a
$lgnaliztd access paint tom.Holland Road.
A 18 Pax planing arta,conaisti%9 of 4 Oils of
leets and shrub!,Li piptwsed aleng Welland
Read
rhe building will be binl. similar to style so
the elhel ictail beihluigs within the ahol:pioe
tantar
31
Discount Tires of Virginia,Inc.
A !. r,,,,
91
EAU
1
' !
Kimley*Horn oncouere d
32
January 26, 2016
-47-
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#65619
(Continued)
Take 5 011 Change M-2
LLC f, >75 de DNt
API-2
Retie Nali District 'I
onditional Use Permit for
an Automobile Repair w �_
Garage at$45 Lynnhaven
Parkway.
Planning Commission i i i_ 1 7=
wa.a
voted 11-0 to recommend
approval.
33
Take 5 Oil Change,LLC
• The subject site,previously developed with a
drive through restaurant 1Rally's),is a 0.4 acre ...
porion of a large commercial strip center. -u
• The applicant proposes to redevelop the site
with a 1,300 square foot oil change facility.
• Access to the site will be from the shopping ,�—
centei
• Landscape islands will be added to the east
side of the p oposed building and along the
rear of the site
The one-stay building will contain two service
bays.Vehicle stacking will be behind the
building,shielded horn view from Lynnhaveo 1.1
Parkway- '
' =VLela11P11ia!!!a!1l 9tvi
34
•
January 26, 2016
-48-
CITY MANAGER'S BRIEFINGS
PENDING PLANNING ITEMS
ITEM#65619
(Continued)
Take 5 Oil Change,LLC
.«.10.,10„
4 4 u,ou.n.o
I
r '�
ro,ur«r waw
' / % vu,w,canrou
j" 00.10..10« 35
200111101.14111.3
Mayor Sessoms thanked Mr. Frankenfield and the entire Planning team for their work.
January 26, 2016
-49-
SPECIAL FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
January 26,2016
5:00 P.M.
Mayor William D. Sessoms, Jr., called to order the SPECIAL FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, January 26, 2016, at
5:00 P.M
Council Members Present:
M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 26, 2016
-50-
ITEM#65620
Mayor Sessoms apologized for the change in start time; however, it was necessary. The Mayor regrets
any confusion the time change may have created.
Mayor Sessoms read the Mayor's Call for the SPECIAL FORMAL SESSION:
"January 26, 2016
HONORABLE MEMBERS OF CITY COUNCIL
In accordance with the Virginia Beach City Code Section 2-21, and by
the authority vested in me as Mayor of the City of Virginia Beach, I hereby call
for a SPECIAL MEETING of the VIRGINIA BEACH CITY COUNCIL for
City Council to VOTE ON THE APPOINTMENT OF A NEW CITY
MANAGER and on A CONTRACT FOR THE NEW CITY MANAGER to be
held:
Tuesday,January 26,2016, at 5:00 P.M.
City Council Chambers
City Hall
2401 Courthouse Drive
This Special Meeting is in lieu of the Special Meeting previously called
by letter dated January 22, 2016, that was scheduled to occur at 6 p.m. on the
dame day, at the same location, and for the same purpose.
Sincerely,
s/
William D. Sessoms,Jr.
Mayor"
cc: Acting City Manager
City Attorney
City Clerk
City Auditor
Deputy City Managers
Media and Communications
FOIA Office
January 26, 2016
-51-
Item—V-C
CERTIFICATION
ITEM#65621
Upon motion by Councilman Dyer, seconded by Councilman Moss, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 26, 2016
TP*- 1%
E, i1 City of Virginia Beach
OF OUR Noo
VBgov.com
WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER
MAYOR BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH,VA 23456-9000
(757)385-4581
FAX(757)385-5699
wsessoms @ vbgov.com
January 26, 2016
HONORABLE MEMBERS OF CITY COUNCIL
In accordance with the Virginia Beach City Code Section 2-21, and by the
authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a
SPECIAL MEETING of the VIRGINIA BEACH CITY COUNCIL to VOTE ON THE
APPOINTMENT OF A NEW CITY MANAGER and on A CONTRACT FOR THE
NEW CITY MANAGER to be held:
Tuesday, January 26, at 5:00 P.M.
City Council Chambers
City Hall
2401 Courthouse Drive
This Special Meeting is in lieu of the Special Meeting previously called by letter
dated January 22, 2016, that was scheduled to occur at 6 p.m. on the same day, at the
same location, and for the same purpose.
Sincerely, ,
William D. Sessoms, Jr.
cc: Acting City Manager
City Attorney
City Clerk
City Auditor
Deputy City Managers
Media and Communications
FOIA Office
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RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM#65614 Page 4, 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.
4th Hodges Fraser, MMC
City Clerk January 26, 2016
-52-
Item -V-D.1
RESOLUTION/ORDINANCE ITEM#65622
Mayor Sessoms made the following statement:
When Jim Spore retired, after twenty-four (24)years, as Manager of Virginia Beach, we had a national
search to find a new Manager. We hired a consultant to identify and vet potential candidates. We held
focus groups with employees and community meetings to help determine the qualities we should seek in
our next City Manager. Then, we had some pretty intensive interview sessions with each candidate. All
of that due diligence helped the Members of this City Council conclude that the right person for the job,
at this time, was four (4) doors down the hall from Jim Spore. I am pleased to introduce the next
Manager of the Greatest City in the World, the City of Virginia Beach, Dave Hansen. And, Man, does
this come across clearly....when Dave Hansen has a project, you know it will be done professionally and
completely. Virtually every public construction project the City has done over the last ten (10) years,
bears Dave's meticulous attention to detail and quality. When this community faces challenges, whether
from flooding or natural disasters, Dave Hansen's expertise and leadership have helped us to
successfully address those situations and come out stronger than ever. Dave has earned the respect of
this City Council, business, civic leaders and employees. He knows this community and he understands
what we need to do to keep moving forward. He also knows the City's organization and believes, as we
do, that we must recruit and retain the best employees, hold them accountable and ensure they have the
right tools necessary to do their jobs effectively and efficiently. Dave, on behalf of the City Council,
CONGRATULATIONS! We look forward to continuing the good work that we have underway and
exploring new opportunities for the future. Mr. Jones
Vice Mayor Jones made the following statement:
Thank you Mr. Mayor. Before I make the motion, I don't think I can make the motion without saying a
few words. Dave Hansen has served this Country for thirty (30)years as a member of the United States
Army before joining the City of Virginia Beach in 2006. In the Army, he held a number of positions,
including Deputy Chief of Staff for Resource Management, Chief Financial Officer for the United States
Army Training and Doctrine Command at Fort Monroe and Commander of the Norfolk District of the
Army Corps of Engineers.
As a Deputy City Manager for the last ten (10) years, Dave has been responsible for operational
departments like Public Works, Public Utilities and Information Technology, as well as the key
administrative functions of budget and finance.
January 26, 2016
-53-
Item-V-D.1
RESOLUTION/ORDINANCE ITEM#65622
(Continued)
Dave's leadership on a wide range of projects serves as tangible evidence of this commitment to wise use
of public resources. I'll just name a few to demonstrate the breadth and depth of his work:
• Lesner Bridge replacement
• Beach replenishment at the Resort and Sandbridge
• Various roadway and building projects throughout the community including construction of
Laskin Gateway and the Princess Anne/Kempsville intersection improvement project
• Development of a Master Technology Plan
• Construction of the Thalia EMS Station as well as Fire Stations at Town Center, Chesapeake
Beach and Blackwater
• Light rail extension project oversight
• Burton Station neighborhood revitalization
Dave has proven to be a tireless and committed member of this organization's senior leadership team and
I am confident he will keep us moving in the right direction. And, it is for these reasons that I know make
a motion to approve the Resolution to appoint David L. Hansen to the position of City Manager for the
City of Virginia Beach.
January 26, 2016
-54-
Item -V-D.1
RESOLUTION/ORDINANCE ITEM#65622
(Continued)
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Resolution
to APPOINT David L. Hansen as our new City Manage, effective January 26, 2016.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
January 26, 2016
REQUESTED BY MAYOR SESSOMS
1 A RESOLUTION APPOINTING DAVID L. HANSEN AS CITY
2 MANAGER
3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA:
5
6 1. That pursuant to § 4.01 of the City Charter, David L. Hansen is hereby
7 appointed as the City Manager, effective January 26, 2016.
8
9 Adopted by the Council of the City of Virginia Beach, Virginia, on the 26tlday of
10 January , 2016.
APPROVED AS TO
LEGAL SUFFICIENCY:
City Attorney s Office
CA13561
R-3
January 22, 2015
-55-
Item -V-D.2
RESOLUTION/ORDINANCE ITEM#65622
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED,
Ordinance TO AUTHORIZE the EMPLOYMENT CONTRACT with David L. Hansen as our new City
Manager.
Voting: 10-1
Council Members Voting Aye:
M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
January 26, 2016
REQUESTED BY MAYOR SESSOMS
AN ORDINANCE APPROVING AN EMPLOYMENT
CONTRACT FOR THE CITY MANAGER
1 WHEREAS, the City Council has appointed David L. Hansen as the new City
2 Manager.
3
4 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
5 VIRGINIA BEACH VIRGINIA:
6
7 That the employment contract between the City of Virginia Beach and the City
8 Manager, for the term of January 26, 2016 to January 31, 2018, attached hereto, is
9 approved, and the Mayor is authorized to execute the contract on behalf of the City.
Adopted by the Council of the City of Virginia Beach, Virginia on the 26th
day of January , 2016.
APPROVED AS TO LEGAL
SUFFICIENCY:
n �
City Attorney's Office
CA13562
January 22, 2016
R-1
I I I
EMPLOYMENT AGREEMENT
This Agreement is entered into this 21, /day of A.-L."04? , 2016 by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, hereinafter
referred to as "City" and DAVID L. HANSEN, hereinafter referred to as "Employee."
WITNES SETH
WHEREAS, on January 26, 2016, the City Council voted to appoint David L. Hansen as
its City Manager;
WHEREAS, David L. Hansen agrees to accept such employment; and
WHEREAS, the parties hereto desire to set forth herein the terms and conditions of such
employment.
NOW, THEREFORE, for and in consideration of the mutual covenants and obligations
set forth herein and other good and valuable consideration, the parties hereto agree as follows:
Article I—Duties
(a) Employee shall perform the functions and duties of the position of City Manager
in accordance with the provisions of the Charter of the City of Virginia Beach and all other
applicable statutes and ordinances.
(b) Employee shall perform such functions and duties in accordance with the policy
and direction of the City Council.
(c) Employee shall also perform any other legally permissible duties or functions as
the City Council may deem appropriate to assign him at any time during the term hereof.
1
t i
Article II—Term of Agreement
(a) Except as otherwise provided herein, this Agreement shall commence January 26,
2016, and end January 31, 2018.
(b) Except as provided by Article III,below, during the term hereof, Employee agrees
to remain in the exclusive employ of the City.
(c) Nothing herein shall be deemed to limit in any way the authority of City Council
to terminate the Employee at any time; provided, however that such termination shall be in
accordance with the provisions of Article III,below.
(d) Nothing herein shall be deemed to limit the right of Employee to voluntarily
resign; provided,however, that such resignation shall be in accordance with Article III,below.
Article III—Termination and Resignation: Severance Pay
(a) In the event the Employee is terminated by the City before the expiration of the
term of this Agreement, he shall receive as severance pay an amount equal to six (6) months of
his base salary. All other benefits hereunder shall cease as of the date of termination. However,
if Employee is terminated for misfeasance, malfeasance, or nonfeasance in office, all
compensation by the City shall end as of the date of termination
(b) If Employee voluntarily resigns, then all compensation and benefits shall cease as
of the effective date of such resignation. Employee shall give the City ninety (90) days written
notice of any such resignation; provided, however, it is expressly understood that City Council
may, in its sole discretion waive any or all of this ninety(90) day notice requirement.
(c) In the event the City, at any time during the employment of Employee, reduces
the salary or other fringe benefits of Employee by a percentage greater than the percentage of
2
any across-the-board reduction for all City employees, or refuses to comply with any other
provisions of the Agreement benefiting Employee, or in the event Employee resigns following
the request of a majority of the members of City Council that he resign; then Employee may, at
his option, be deemed to have been "terminated", and shall receive severance pay in accordance
with Article III (a) of this Agreement.
Article IV—Compensation
City Council agrees to pay Employee for services rendered pursuant hereto an annual
gross salary of Two Hundred Fifty Thousand Dollars ($250,000), payable in installments at the
same time and in the same manner as other City employees are paid. Such annual gross salary
will be increased annually by ordinance in an amount no less than the average increase for all
other City employees for the corresponding fiscal year unless Employee has received an
unsatisfactory performance evaluation.
In addition to the salary described above, the City agrees to contribute Ten Thousand
Dollars ($10,000) per year as deferred compensation, for the benefit of Employee. This amount
may be adjusted by City Council annually,by ordinance.
This Agreement contemplates that the salary and benefits set forth herein may be
adjusted by City Council annually,by ordinance.
Article V—Automobile Allowance
In lieu of supplying a City-owned vehicle for use by Employee in conducting City
business, City agrees to pay Employee a car allowance as additional salary in the sum of One
Thousand Dollars (1,000) per month and in addition, Employee shall be reimbursed for business
3
mileage at the same rate at which other City employees are reimbursed. In consideration thereof,
Employee shall provide his own vehicle and shall be solely responsible for all fuel, maintenance,
insurance, and other expenses related thereto. This allowance amount may be adjusted by City
Council annually,by ordinance.
Article VI—Fringe Benefits
(a) Employee shall be entitled to receive fringe benefits including, but not limited to,
annual leave, sick leave, life insurance, health insurance, dental insurance, and participation in
the Virginia Retirement System, in accordance with existing City policies and ordinances to the
same extent as other City employees. Employee shall pay any premium or other cost associated
with participation in these benefit programs on the same terms as all other City employees.
Nothing herein shall be construed to prevent changes in the nature of such benefits to Employee
should such benefits be subsequently altered for all other City employees.
(c) The City will pay up to Two Thousand Six Hundred Eighty Four ($2,684)
annually on behalf of the City Manager in premiums for long term care insurance. This amount
may be adjusted by City Council annually,by ordinance.
Article VII—Hours of Employment
It is recognized that the nature of Employee's position requires flexible hours. Therefore,
Employee in consideration of his compensation shall work whatever hours are necessary to
satisfactorily perform the functions and duties of City Manager.
4
Article VIII—Dues and Subscriptions
City agrees to pay professional dues and subscriptions of Employee necessary for its
membership and participation in national, regional, state, and local associations and
organizations of a job-related nature and for travel and associated expenses of Employer to
secure his attendance at professional meetings and conferences, as budgeted and approved by the
City Council.
Article IX—General Business Related Expenses
Except as specifically provided in Articles V and VIII, the City agrees to reimburse
Employee for job-related expenditures in accordance with existing City policy.
Article X—Other Terms and Conditions of Employment
(a) The City agrees to evaluate the performance of Employee approximately six
months after the execution of this agreement and approximately three months prior to the
expiration of the term of this agreement. The City may evaluate Employee at such additional
times as it may determine appropriate. All aspects of such evaluation shall be treated
confidentially by the City and Employee subject to the provisions of the Freedom of Information
Act.
(b) The City Council may at any time prescribe any other terms and conditions of
employment related to Employee's performance as City Manager as it may deem necessary,
provided such terms and conditions are not inconsistent with the specific provisions of this
Agreement.
5
(c) City agrees to provide self-insurance coverage and legal counsel for Employee in
matters relating to his official duties within the scope of his employment, as is provided to all
other City employees.
(d) All provisions of state or city law or policy relating to terms and conditions of
municipal employment generally as they now exist or may hereafter be amended shall apply to
Employee; provided however, that should any such law or policy be so changed as to be
inconsistent with the terms hereof, this Agreement shall be deemed amended so as to comply
with such law or policy.
(e) The text herein shall constitute the entire Agreement between the parties and shall
only be amended by a writing executed by both parties.
(f) If any provision hereof shall be deemed unlawful, invalid, ultra vires, or
otherwise unenforceable, the remainder of the Agreement shall be deemed severable and shall
remain in full force and effect.
(g) This Agreement supersedes any other agreement between the parties.
IN WITNESS WHEREOF, the City of Virginia Beach has caused this Agreement to be
executed on its behalf by its mayor in accordance with an ordinance of the City Council
authorizing such execution, and Employee, David L. Hansen, has executed this Agreement, both
the day and year first above written.
CITY 0 VIRGINIA B'ACH
BY ,
a .
BY 1
David L. Hansen
6
-56-
Item -V-D.2
ADJOURNMENT ITEM#65624
Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 5:12 P.M.
,/- ga.4—dok, ;
Amanda Finley-Barnes,MMC
Chief Deputy City Clerk
-‘i
th Hodges F'aser,MMC William D. Sessoms, Jr.
City Clerk Mayor
City of Virginia Beach
Virginia
January 26, 2016