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NOVEMBER 1, 2016 MINUTES ua. Vm Velkaa*:u "of VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 1, 2016 Mayor William D. Sessoms, Jr., called to order the City Council's Briefing on the REAL ESTATE TAX ABATEMENT FOR UNFIT STRUCTURES in the City Council Chamber, Tuesday, November 1, 2016, at 3:00 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 2 CITY COUNCIL'S BRIEFINGS REAL ESTATE TAX ABATEMENT FOR UNFIT STRUCTURES ITEM#66461 3:00 P.M. Mayor Sessoms welcomed Jerald Banagan, City Real Estate Assessor to discuss the relief the City can provide to Citizens that were impacted by Hurricane Matthew. Mr. Banagan expressed his appreciation to the City Council for their continued support. Mr. Banagan advised the State Statue allows the City to abate taxes if damages from fortuitous happenings beyond the control of the property owner render a building unfit for use and occupancy for thirty (30) days or more. The City Code allows for relief to be provided on a quarterly basis so this would fall in the Quarter of October, November and December. The City will be providing information to the Citizens this week. Mr. Banagan advised his rough-estimate is on a $2,000 annual tax bill, the relief would be approximately $300. Unfortunately, there is no indication of the number of citizens that will apply for this relief; but, over 1,400 houses were damaged from Hurricane Matthew. Mayor Sessoms thanked Mr. Banagan for the information; and, although it is not a whole lot of help, every little bit helps. November 1, 2016 3 CITY COUNCIL'S BRIEFINGS ONLINE HOME SHARING (AIRBNB) ITEM#66462 3:02P.M. Mayor Sessoms welcomed Jack Drescher, Chair — On-line Home Sharing Economy (AIRBNB) Ad Hoc Committee. Mr. Drescher expressed his appreciation to the City Council for their continued support: On-line Home Sharing Economy , Ad Hoc Committee Recommendations Jack Drescher Ad Hoc Committee Chair Committee Members r� * Jack Drescher—Chairman ,. * Sandi Grainger * Robert Taylor * Larry Stampe * Edward Denton * Heidi Daniels * Kevin Duffan * Bruce Johnson * Betsy Atkinson * Tim Solanic * Ira Agricola * Michael Kelly * Edward Mullen**Non-Voting * William Brown Advisor to the committee November 1, 2016 4 CITY COUNCIL'S BRIEFINGS ONLINE HOME SHARING (AIRBNB) ITEM#66462 (Continued) Below is a Summary of Committee Findings: Summary of Committee Findings (k . A. Committee believes that online rentals in residentia c. • st. are widespread,and cannot be effectively eliminated(the toothpaste is out of the tube); however, the regulation of this activity should be subject to local ordinances rather than statewide control. Li. Committee believes that all local taxes should be remitted directly to the locality rather than the state and that the local tax official should have the ability to audit. 1'. Committee believes that a requirement for appropriate insurance coverage is critical. Many homeowners may not realize that they do not have coverage for rental of their homes under their homeowners'policies. D. Committee believes that the General Assembly should grant authority to localities to promulgate health and safety requirements to address parity with other transient occupancy providers and to ensure that rental dwellings are reasonably safe. 3 Below are the Recommendations relating to the City Ordinances: Recommendations Relating to City Ordinances 1. Committee believes that the City Zoning Ordinance should be amen.ed to bring conformity between land use and taxation regimens. This would begin with defining short term and daily rentals. A draft of proposed revisions approved by the Committee are as follows: a) Daily Rental means any rental for a period of less than 7 days. There may be not more than one (1) rental contract per seven day period on any residentially zoned dwelling within the City. b) Short Tenn Rental means any rental for a period between seven(7)days and 29 days. There may be no more than one(1)rental contract per seven day period on any residentially zoned dwelling within the City. November 1, 2016 5 CITY COUNCIL'S BRIEFINGS ONLINE HOME SHARING (AIRBNB) ITEM#66462 (Continued) It is important the City understand the daily and short term rentals as well as carefully revisit the current residential zoning classifications to determine where daily and short term rentals may be permitted: Recommendations Relating to City Ordinances 2. Daily& Short Term Rentals: Understanding Rentals are an essential part of our commerce in Virginia Beach,but also appreciating the importance of preserving the character of our residential neighborhoods,Council should carefully revisit our current residential zoning classifications to determine where daily and short term rentals may be permitted. 3. Rental Registration and Permits:All residential properties offered for daily or short term rentals must register with the Commissioner of Revenue(COR) and obtain a rental permit from the appropriate City Department. 4. Committee considered but rejected any use of a conditional use permit process to limit short term and daily rentals in residential districts. 5 The Committee recommends all daily and short term rentals in Residential Districts be registered through the Commissioner of the Revenue and require a permit to be issued subject to specified conditions, the violation of which could result in suspension or termination of the permit. Next of importance, have an owner appoint a `point person"to be available to respond, in person, to the property, if needed: Recommendations Relating to City Ordinances 5. Committee considered but rejected drawing a distinction between rentals of owner occupied properties and non-owner occupied properties. 6. Committee recommends that all daily and short terms rentals in residential districts,shall be registered through the Commissioner of Revenue and shall be required to obtain a permit to be issued by an appropriate City department subject to specified conditions, the violation of which could result in the suspension or termination of the permit. 7. A key aspect of the permit would be a requirement that the owner or a designated agent be identified and available to respond in person to the property in a reasonable period of time at all times during the rental period. November 1, 2016 6 CITY COUNCIL'S BRIEFINGS ONLINE HOME SHARING (AIRBNB) ITEM#66462 (Continued) The Committee also recommends the City must, more effectively, enforce existing laws; and, by doing so, adverse impacts associated with these rentals may be significantly lessened: Recommendations Relating to City Ordinances 8. Committee believes that an effective registration/permit requirement is the key to ensuring that all taxes are paid and that daily/short-term rental hosts are on a level playing field with other providers of transient lodging. 9. Committee believes that the City must more effectively enforce existing laws and that by doing so any adverse impacts associated with daily and short term rentals may be significantly lessened. This may require the dedication of additional city resources,which may in turn be derived from the pennit fee and from the taxes generated by the rentals. Recommendations Relating to City Ordinances 10.Committee believes that the City should consider health and safety requirements to address parity with other transient occupancy providers and to ensure that rental dwellings are reasonably safe. 11.Committee recommends that Council allocate necessary funding to procure through appropriate process the services of a provider which would identify on-line hosts and afford such additional related and necessary services as determined by the Commissioner of Revenue. 8 November 1, 2016 7 CITY COUNCIL'S BRIEFINGS ONLINE HOME SHARING (AIRBNB) ITEM#66462 (Continued) The Committee recommends the list below to be included as a part of the Rental Permit requirements: List of Residential Rental Permit Requirements * Property owner or designated agent ml t he available and capable of responding to property within reasonable time during entire rental period. * Maximum occupancy tied to Statewide Building and Maintenance Code for residential properties. * Sufficient parking must be provided on site(define sufficient based on input). * Commercial insurance policy or rider with minimum prescribed limits(either$500,000 or$1 Million suggested) must be in effect during all rental periods. List of Residential Rental Permit Requirements Rental contracts must require compliance wi 1 all state and local laws and violation of same is cause for immediate termination of lease. * Requirements of local ordinances regarding,noise, fireworks,parking and trash collection must be posted on placards at each entrance to dwelling. * A rental permit may be terminated for failure to abide by the permit requirements,or violations of any laws. * As a condition of the issuance of a permit the property owner shall consent to any inspections or health&safety requirements that the City may choose to impose. November 1, 2016 8 CITY COUNCIL'S BRIEFINGS ONLINE HOME SHARING (AIRBNB) ITEM#66462 (Continued) Questions? Mayor Sessoms thanked Mr. Drescher and the entire Committee for all of their time, effort, energy and hard work in tackling this difficult issue. November 1, 2016 9 CITY MANAGER'S BRIEFINGS NEXT GENERATION NETWORK ITEM#66463 3:24 P.M. Mayor Sessoms welcomed Darrell Riddick, Chief Technology Officer — IT. Mr. Riddick expressed his appreciation to the City Council for their continued support: CITY MANAGER'S BRIEFING November 1,2016 st N n r ` e t Ge a �ition x k Update Darrell G.Riddick �. Chief Technology Officer """-: l + Mr. Riddick recapped the Goals and Objectives of the IT Department: Next Generation Network µ.,z OW*o%W)14'r „ s City of Virginia Beach and Information "Pr*°IV" m.w " 1434"02f�$Gdi Technology Department's Business Goals and Objectives ourta�¢ 11.0)+mtMayor's State of the City 2016-Connected ..., M 1 ,` „ , i its.:_f_. ,,.it',:at,._ Community ' 5rf i”"r ,G /`Y t ;. "J �L • Envision Virginia Beach 2040 report: •�'+t� ,,r'' 1 ',,.i li� Connected Community ^utf wii• t,.:•t L.�` 1,:.- gc to ming Community PaciE ( QS* 11 �ty, Y • Diverse Community tut tit ' a ,' C r - • Broadband Taskforce Goals K. v1' . w tt.Fi • . - i November 1, 2016 10 CITY MANAGER'S BRIEFINGS NEXT GENERATION NETWORK ITEM#66463 (Continued) The Broadband Goals were established by the Broadband Task Force: Broadband Goals 1. Provide a level of excellence in city services 2. Leverage Next Generation Network(NGN)for educational opportunities 3. Explore opportunities to create a unified government network 4. Leverage NGN for economic development opportunities 5. Leverage NGN for regional opportunities t .d , ' `**" tiP,tf � -;-cam` = 11 CITY MANAGER'S BRIEFINGS NEXT GENERATION NETWORK ITEM#66463 (Continued) Below are the Services Improvements: Next Generation Network . Services Improvements i, vz Next Generation Network • `----------- • Increased Security FT-4 • Scalability • • Meets compliance of HIPPA and UIS • I.Bt.c. • Create a state-of-the-art communications architecture F1- `�•• ( • Leverage existing fiber infrastructure j • Increased Speeds up to 1000x faster!! ,. • Continue to investin our own fiber • Longer Lifecycle(Optical=^30 years;MPLS=7 years) l'DAFJ NECA • Improve service to off-campus sites 00eca1 Core ., • Video conferencing and utilizing VDIP Phases t&2 • BLDG 30 ++ ] • Decrease operating expenses Phases 3 d 4 27_ A 2 BLDG-2 The City has a total of six(6)super sites and fifty-five(55) remote locations throughout the City: Next Generation Network `$Next Generation Network Super •++ ,,iittes l• ...,�• • j • Total of 6 Super Sites(Phase 0)and 55 fI""•*•• • Remote Locations(Phases 1 through 4) FS-4 • Optical/Super Sites:Phase 0 completed on 7/29/2016 tact 1. PW Dam Neck RS-7 2. Building 2 DAM NECK 3. Building 30 4. Virginia Beach Convention Center 5. Fire Station 7 � ( ) Super Sees Nubs) 6. Fire Station 4 ,"% amp.cora optical arae *C:-BLDG-to ..5*P•ndhp t.en.r Bridge completion` * \ `\ BLDG-2 J November 1, 2016 12 CITY MANAGER'S BRIEFINGS NEXT GENERATION NETWORK ITEM#66463 (Continued) All Cox construction work to run fiber has been completed. Also, new quotes for the hardware have been received and procurement is in progress to finalize ordering the hardware. The construction for Phase 1 was completed on October 18, 2016: Next Generation Network w NextGenerationNetworkSub-Rings Phase 1-Construction completed on rypy y 2 vita, p \ .2 - 10/18/16 1 �lr7 1. DHS Collier Building 3777 a� 2. DHS Housing HRC(under construction).)S\ s 3. Fire Station 9 4. Kempsville Library • a s 5. Police 4th Precinct f�G 6. P&R Kempsville Recreation Center DAM NECK 7. DHS Pembroke 6 BL o3O ',. . � 8. Sandler Center J 9. Economic Development/SGA s. 10. EMS 15-Thalia xcWee.n1 b rDUI1Thrvu{e HewConrtu bn F ktlMnen 11. Central Library 3637 35)5 98203 Mile 0.59 0.68 18.61 The construction for Phase 2 will be complete on December 20, 2016: Next Generation Network Phase 2-Construction completion cNB Next Generation Network Sub-Rings ,n�." J,BCC -\ date 12/20/2016 --- J -__,__,-- 1. P&R Seatack Recreation Center •N. -7 Z --��/ �- irl 2. Police Animal Care Center 1 F8=7 3. Fire Training Center 3 4 4. Fire Station/EMS 12 5. Ciceanfront Library 6 6. Fire Station 11 7. Police Precinct 2 8. VA Aquarium A,-...._ 9. PW Waste Management ` 10. P&R Princess Anne Recreation Center DAM NECK 11. Princess Anne Library 12. Fire Station/EMS 21 -`_ RLDG-30 S 13. Leroy Road-Radio Tower l') ,�/ 14. OHS Main Building `•x�,nti<n on,.�_,,,." umviT-uon� BLDG-1 J 15. Fire Station/EMS 16 NGM tMu2 16. Windsor Woods Library „rt nx,r„r m,o„sn x.w c.„rtn,nwn 6xkary near 17. P&R Bow Creek Recreation Center 9n18033 11354 goon 18. Joint Use Library Mk 3.92 2.15 17.82 November 1, 2016 13 CITY MANAGER'S BRIEFINGS NEXT GENERATION NETWORK ITEM#66463 (Continued) Cox will be constructing Phase 3 which is scheduled to be completed on February 14, 2017: Next Generation Network • Phase 3-Construction completion /\13 Next Generation Network Sob-Rings •.;' date 02/14/2017 nno..es3s� •.12 • 1. P&Ft-Bayside Recreation Center FS-4 14 2. FIRE 62-Davis Corner • 3. Bayside Library 71. '13 4. Police 3rd Precinct 5. P&R City-Wide Programs • FS-7 - . 6. FIRE/EMS 619-Stumpy Lake (7*_ 8--.-! VBCC 7. FIRE 610-Woodstock • 8. Landscape Services 7 B•• 9. P&R-Princess Anne Administration / •• 10. Westin-Public Safety 9 • DAM NECK 11. DHS Skillquest ti 12. P&R Mount Trashmore 10 13. F5818 • BLDG-30 14. Farmer's Market 1�_�s�_se8menn rcpresme ardmrrwim.. �•' BLDG-2 J 15. FIRE/EMS 63-London Bridge MGM Mane 16. DHS Beach House Measure Fiber Pull Through New Construction ri 11. Linear ober root 2139 23813 182990 9 r1M 835 4.51, 36.66 Cox will be constructing Phase 4 which is scheduled to be completed on March 24, 2017: Next Generation Network V3 Next Generation Network Sob-Rings "t' Phase 4-Construction completion ('hurr..3k4 ••12 • date 03/24/2017 FS-4 14 1. LETA(Law Enforcement Training Academy) • 11 '13 2. Fire Station 1/EMS 22-First Landing 3. Fire Station 8-Oceana • 4. Great Neck Library -��.'_:_•_8-�-�' 111CC 5. DHS Infant Simulation • • 6. P&R Great Neck Recreation Center 7 8• 7. Visitor Center • 8. CVB Towne Bank •• DAM NECK 9. DHS Path •10 10.29th Street Water Treatment • BLDG-30 BLDG-2 ___ N.Mase 4 sure liber Pull lbroug6 New Conserurtwn 6aisung Fiber PBS 67 183043 Mlle Mlle 0.23 '1136 34.67 November 1, 2016 14 CITY MANAGER'S BRIEFINGS NEXT GENERATION NETWORK ITEM#66463 (Continued) Next Generation Network ' Work Completed Finalized Fiber Provisioning Document on 06/28/2016 • r • Finalized design for all NGN segments on 09/15/2016 t • Purchase order issued to Con for construction of Phase 1 •...;. '' / \.--.�.. -.. y (segments 8 and 9)Aug 11,2016 [[ — "�� _ �� ' ' 1 I • COX construction and fiber splicing completed for Phase 1 on 10/18/2016 .s ,:; 4 Purchase order issued to Cox for construction of Phase 2, Phase 3,Phase 4(all remaining segment)Oct 4,2016. Formalized the IT Fiber Planning Committee . Irl ,. The Optical ring is complete, with the exception of one leg connecting Fire Station 4 to Virginia Beach Convention Center. This delay is due to construction work at Lesner Bridge; however, connection is expected to be established by mid to late November: Next Generation Network r Network Equipment-NGN MPLS Optical Super r - Sites: • Developed BOM with Cisco equipment breakdown:WAN, LAN,Redundant Core and Data Center switches-Nov 2015 • MPLS BOM out to bid-Nov 4,2015 • Bid awarded-Dec 1,2015 'i • PO signed-Jan 7,2016 • Received hardware-Feb 3,2016 • Configurations and Installation of Cisco MPLS hardware- ii7/5/2016-7/29/2016 November 1, 2016 15 CITY MANAGER'S BRIEFINGS NEXT GENERATION NETWORK ITEM#66463 (Continued) Next Generation Network Projected Construction Completion Dates • Phase 0--Completed as planned on 06/24/2016) • • Phase 1• Completed as planned on • ' 10/18/2016) • • Phase 2--12/20/2016 • Phase 3 02/14/2017 • . • Phase 4--03/24/2017 • .: • Next Generation Network E-rate Program for Libraries • The program is administrated by the Schools and Libraries Division, which is a part of the Universal Service Administrative Company(USAC), on behalf of the Federal Communications Commissions(FCC). -n• sG • Created out of the Telecommunications Act of 1996 • Helps ensure that schools and libraries can obtain high-speed Internet access and telecommunications at affordable rates. o Eligible schools and libraries may seek E-rate support for eligible telecommunications services,telecommunications,Internet access and lit 14 internal connections,basic maintenance,and managed internal _ ___ broadband services. e Category One-includes the services needed to support broadband connectivity to schools and libraries Irao Category Two-includes the internal connections needed for broadband connectivity within schools and libraries • Intended to provide discounts and/or expense reimbursement for telecommunications services,Internet Access,and internal connections provided to schools anti libraries November 1, 2016 16 CITY MANAGER'S BRIEFINGS NEXT GENERATION NETWORK ITEM#66463 (Continued) Next Generation Network E-rate Program(Cont.) • Libraries that meet eligibility criteria are: 1. Bayside 2. Central 3. Great Neck --— 4. Kempsville 5. Ocean Front 6. Princess Anne 7. Pungo Blackwater a pp8. Windsor Woods •.-,- • There are two library locations that are excluded for reimbursement because of their source of funding: Joint Use(TCC)and Wahab(Law Library) Next Generation Network E-rate Program(Cont.) • Library branches are assigned a pre-discount budget for their c "internal connections"based on the square footage for each library branch and its urban($5/sgft-Central)or rural($2.30/sgft-Creeds) status. • - • Potential E-rate savings=$531,549 pp November 1, 2016 17 CITY MANAGER'S BRIEFINGS NEXT GENERATION NETWORK ITEM#66463 (Continued) Next Generation Network Next Steps • Hardware to be ordered this week 44114 • Equipment configuration and Testing • Go live completion-Q4 2017 ""Alr ) Discussion . Mayor Sessoms thanked Mr. Riddick and the entire Team for all of their work on this project. November 1, 2016 18 CITY MANAGER'S BRIEFINGS LIGHT RAIL EXTENSION ITEM#66464 3:38 P.M. Mayor Sessoms welcomed Brian Solis, Transportation and Transit Planning Manager—SGA. Mr. Solis expressed his appreciation to the City Council for their continued support: Virginia Beach IC**) Light Rail Project Update City Council Briefing November 1,2016 REVISED Brian Solis,Transportation and Transit Planning Manager n.. Below is an Overview of today's presentation: Overview I. Increasing Mobility Options and Advancing Strategic Growth II. Project Update-Cost Control and Context Ill. Connectivity IV. Questions,Answers and Suggestions November 1, 2016 19 CITY MANAGER'S BRIEFINGS LIGHT RAIL EXTENSION ITEM#66464 (Continued) The City is hoping to get transportation infrastructure to support the SGA's: v v�rom„a<«n �_.„ Diversifying Our -. Economy, Advancing " Strategic Growth r,, t r = Strategic Growth Areas -4, < ��`= `,,,� 2%of Land Area=50%of growth Military Installations 8%of Land Area=Stable Suburban Area •,,,,, .. ,,, . 30%of Land Area=Stable u, i Suburban Focus Areas+Special46 Economic Growth Areas ( - 8%of Land Area=30-35%of growth 1 at .v Transition Area 2%of Land Area= 15-20%of growth L Rural+Parks 50%of Land Area=Stable P.n.Land Use M.• The City is looking to begin this infrastructure at the Pembroke SGA: SGA Character — All Different Each SGA has its own unique character,distinct identities prevent competition between areas Burton Station Pembroke Hilltop Next Generation Manufacturing Virginia Beach's Central Regional Retail Destination and Technology Zone Business District Health Services Cluster 7k -' \ Oceanfront NewtownFlagship Resortand Recreational Destination Keynote Employment =J ,-' ' , ' District AA =` II ilir m,to�� l_ •w/+ --a. 0 -:, V__ -). -r , _1-3 Centerville/Regent Rosemont Lynnhaven Education-oriented master Transit-Oriented PDR Hub(Production,Distribution planned community Residential Village and Repair,Service District) November 1, 2016 20 CITY MANAGER'S BRIEFINGS LIGHT RAIL EXTENSION ITEM#66464 (Continued) The City continued to move forward after the 2012 Referendum: City Council Approved 2012 Light Rail Referendum "Should the City Council adopt an ordinance approving the use of all reasonable efforts to support the financing and development of The Tide light rail into Virginia Beach?" The results were: Yes 116,056 62.7% No 68,848 37.2% 184,904 Total Votes •March 2014,Virginia Beach requested HRT to study a fourth alignment alternative to extend The Tide light rail system from Newtown Station to Virginia Beach Town Center •May 2015.Virginia Beach City Council voted 9-2 for the Locally Preferred Alternative to extend The Tide light rail system to Town Center at Constitution Drive and four capital projects to support improved public transportation. The first project was to extend the Tide Light Rail Line from Newtown Road to Constitution Drive: Extending The Tide Light Rail Line • 3.5 miles • Newtown Rd to ', � f �, Constitution ; Drive at Town Center as part of r 4 11 mile system -. • Financing: i • $155M from 3 State • $59-88M +/- • from City November 1, 2016 21 CITY MANAGER'S BRIEFINGS LIGHT RAIL EXTENSION ITEM#66464 (Continued) Project Map The Tide Light Rail Alignment O =oM� Qz. m-e .,_ .. The projected annual ridership in 2020 is expected to be around 1.19-Million riders: Annual Projected Ridership r ' u. r 2015 Annual 2020 Annual 2040 Annual Ridership Ridership with Ridership with without VBTE VBTE VBTE LRT Boardings on N/A 1,192,700 1,596,800 VBTE Project Total LRT Ridership 1,397,600 2,349,600 2,978,500 Estimates of annual ridership derived from average weekday ridership using National Transit Database estimates of weekday and annual LRT ridership in Hampton Roads. November 1, 2016 22 CITY MANAGER'S BRIEFINGS LIGHT RAIL EXTENSION ITEM#66464 (Continued) The Shared Use Path below was approved by City Council: Shared Use Path along Light Rail Corridor 14-foot path and 5-foot sidewalk Shame�path �u SiiwnM4 '10 ilillite w.y.�-� 141411111Ynultln \\\ "II '. It,g,... S t -....FrrMYiI� ...„ I Pedestrian Crossing over Independence Blvd. with ramp to Market St. November 1, 2016 23 CITY MANAGER'S BRIEFINGS . LIGHT RAIL EXTENSION ITEM#66464 (Continued) The City Staff went to Charlotte in 2014 to tour their Light Rail Trail: i Charlotte's Light Rail Trail .--We started at the Charlotte rof : JTransportation Center bike share I station in downtown Continuous 10'-16 bike-ped paths on r ‘,,i i, both sides of a 28'wide rail bed J further extend station access and -.N .- a0 ;-.1) development opportunitiesy _ OLil , ti 0 ;., } ■ Charlotte's Light Rail Trail .-Many new businesses cater to ,,,1/4. . sio j light rail and path users,"front „ --_.= : iii^ - j facing"the paths and LRT tracks i ,......40/1. 541644.0 .491° r �4., '` r isj 01 1 la New transit oriented development -• — just finishing construction. -- :` ati Developers further improve the i`;' path(s)with decorative fencing and landscaping . ,,Al November 1, 2016 Air 24 CITY MANAGER'S BRIEFINGS LIGHT RAIL EXTENSION ITEM#66464 (Continued) The City is doubling the bus service throughout the City to sync with on-time Light Rail Service: Doubling Bus Service throughout City to Sync with On- Time Light Rail Service •Doubling Bus Service •More weekend and evening service ifA Jr •New routes,including Town Center " Circulator of f LIR a New bus route to/from Witchduck Station along tt _—__- -- —" Kempsville Road to Greenbrier Mall Certain routes proposed as part of the Feeder Bus System operate outside of the City into Norfolk(1, 20, 25) and Chesapeake (38). The introduction or increase in service, to these routes must be agreed upon with the neighboring municipalities in accordance with the current Cost Allocation Agreement: Preliminary Feeder Bus Service Plan Tied into The Tide Light Rail System VBTE Feeder Bus Routes " —�--* \ tom. 0 o - d 1 November 1, 2016 25 CITY MANAGER'S BRIEFINGS LIGHT RAIL EXTENSION ITEM#66464 (Continued) There will be substantial increases to the elderly and disabled paratransit eligibility with the Tide Expanded Feeder Bus days, hours and routes especially within the Kempsville and Centerville Districts: Paratransit Service Eligibility Expanded Substantial increases to elderly and disabled paratransit elibility with Tide expanded feeder bus network days,hours and new routes--especially within Kempsville and Centerville areas Paratransit services are federally mandated through the American withCity of Virginia Beach Disabilities Act(ADA)of „� / \\ c °n we Repan Team. 1990. HRT's Paratransit service is origin-to-destination • _u' "F w i' shared-ride service serving ,_g» u4t, +r -e° the cities of Chesapeake, a ,... Hampton:Newport News, .icer•,e•_• Norfolk,Portsmouth and 'v ' ` Virginia Beach. - „ i • ID Must be at locations within • '. 3/4 of a mile of our existing fixed-route services using a variety of vehicles, including lift-equipped vans. Relationship of Expanded Public Transportation Services to City Operating Budget FY 17 Virginia Beach Bus Service FY 20 Total Light Rail Service and Expanded Bus Service Annual Operations and Maintenance costs FY 20 Light Rail Service Plan=$2.7M FY 20 Bus Service Plan including additional/new service =$9.2M Note Figures do not include seasonal shuttle services(funded by TIP)or paratransit services 10 November 1, 2016 26 CITY MANAGER'S BRIEFINGS LIGHT RAIL EXTENSION ITEM#66464 (Continued) It is important to compare the expanded public transportation services to other City Projects: Relationship of Expanded Public Transportation Services to City Operating Budget Beach Maintenance and Dredge Operations Libraries Recreation centers Street, Bridges and Signals Relationship of Expanded Public Transportation Services to City Operating Budget Annual cost and%of operating budget for transit(bus and light rail)operations and maintenance of other municipalities in the U.S. Virginia Beach (FY 20 Projected) 0.57% Charlotte 4.3% Erie County(Buffalo area) 1.4% November 1, 2016 27 CITY MANAGER'S BRIEFINGS LIGHT RAIL EXTENSION ITEM#66464 (Continued) The City will significantly improve the Bus Stop Infrastructure and accessibility improvements: Bus Stop Infrastructure and Accessibility Improvements From this To ti= r • The City will improve Transit with private development and funding: Transit Improvements Through Private Development IIIIIIIiiilllIIIf10111111160\\\1411110 1111111 - VIII... ✓ 4„ November 1, 2016 28 CITY MANAGER'S BRIEFINGS LIGHT RAIL EXTENSION ITEM#66464 (Continued) The Hampton Roads Transportation Planning Organization adopted the Multimodal Part of the 2040 Long Range Transportation Plan in July 21, 2016. Multimodal Part of Adopted HRTPO 2040 Long Range Transportation Plan ✓The Tide Light RailH.*eei.4.. + ie . . e.r.rm.n na.m Extension from Newtown Station w to east side of • Constitution Drive ✓ Funding identified �,-so for three additional studies W to extend transit east,north and south ?PO Naval Station Norfolk Transit Extension Study is funded and will consider two (2) corridors. One corridor would go just East of Ghent past Old Dominion University and the Ports to the Naval Base. The second corridor would provide a station from the Airport to the Norfolk Naval Base: Naval Station Norfolk Transit Extension Study Regional Distribution o Naval Station Norfolk EmployeesOther Areas:26% A , • Virginia Beach most represented among `., •� . Hampton Roads cities(23%of NSN Newport News',,$ , employees) Hampton • Norfolk second-most represented(19%) ;. • Over one quarter(26%)of NSN IW of Wight v employees live outside the Hampton ) __ Roads region i g - . 3�' Legend ' —e—aloft Td MN cbea+en Suffolk `:_.Vk'pi ie Beach Oerep Errployawnl center N \, Chesapeake Mer lstleeeee 15 5 ®Miles November 1, 2016 29 CITY MANAGER'S BRIEFINGS LIGHT RAIL EXTENSION ITEM#66464 (Continued) VIRGINIA BEACHI "aNaMn`Orvet `NT Recent MEDAC Ocro,NOM M.w Will,x.Salma,.. Letter, dated my x.11 : °""'MM October 26, 2016 Tb Vapy.Br d.MnBup&i'WmK 0,13.0 Aersar C.mme..(MPDAC)1* oor*costre 1,6.14 a 110).M..a.Mae. Tha..taebNMne yr*.Ite P.pa.eopkag•*)111.1•12•111.Tear Cave M1on the Nrcm.n F_PS aam b:Baan b Ow$PP ai.maabw iia Wm*wn pe 2.7.1".pr._I8.5 ate le,1,3 plan to pw:de 1ecra pub,bs.wnmml smut.1,4 aI do Cil.ie aux,aJ r.FS. 7 arN,a..(:aeM x.PIIP* hub',MAC wmp.^.w.a,p1..ma.m Um Ow M HAT..,*..(".el v, .Pd,o rrw l..r.r.S3)44 eh•el 81,31,1.13.1c AmeS,EB a+d)3A3 eka.a m tome pnrn le rile fulure T.a*W.mmaboa 4FIIIIIT Ida woo ay.,.do.31))3,,a mu x.sgm a.e.aE as SITFmliary F o ftd11 we*IS*Wea.kr mWo.S. eptl�mb an s1.3,mon.,to commute Iv. mpmyn bas c'eda,nrcal e t omponau mut v..II Impurramme us,sodDelOt nal.np.n.111*F_C AT, 110,ns d*Se 10,mil Ptomon n Tem Cmw 1,Mc414 pf"vya.Behr (W.Sb.onic *1T(r+r1,1),,,33im..thr.rior.,*maml tor".nPax&.en oM toliAtIVI`Smlmsx'Obmu Sr.USN IMt l ADMI.Ms10a®xI,USN 0.ta J n-Pri,M USA VW Vc1,' NOMI0344*9 USN I.M1 ".Ban MtDAC Rapt.Spe.n llm s.ort IS.e. ('ms-City Crrle p.mbm. Cat.*lad..mngdee.M,1 umAC Mattas aeasmWWII.pman[.WA..n.NYe[Ixm7 Han Koa na Gel, OUCG(II.)0. pppery L.WWII.Mk li.an LCOR SC-AbOa,M Oia..IRN(Rn 1 D..N l Wr.xt Oa W n.pa RASMd.Ds.T50 RAO.xidai ail. N.1.(1 e( WPIC.N.nw,xto.aa C.pe Pnbml 1,.x 1,x.U9p1 rye1 RMVW.P.e.54AMite ��SW23 The Cost Estimate Summary below shows the City's contribution is expected to be between $59.3 and $88.1-Million: Cost Estimate Summary Cost Estimate to Extend The Tide to Town Center(2017 dollars) w/Contingency 1. Design-Build Construction $138.0 $157.6 2. Major Utility Relocations $ 10.4 $ 12.0 3. Right-of-Way $ 20.7 $ 24.8 4. Light Rail Vehicles $ 20.0 $ 21.0 5. Professional services $ 25.2 $ 27.7 TOTAL(millions) $214.3 $243.1* CTB financing contribution $155.0 $155.0 Virginia Beach contribution $ 59.3 $ 88.1 *Includes$28.8 in contingency November 1, 2016 30 CITY MANAGER'S BRIEFINGS LIGHT RAIL EXTENSION ITEM#66464 (Continued) Again,for some perspective, the projects and costs for comparison are shown below: Relative Costs for T64/1-264 Interchange Improvements Transportation Scope: • Adding a second eat lane on 144 WB Infrastructure Underway • Ed1e264g the off-ramp from 164 WB to • Adding a new 2-lane Collector-Distributor(C-D)roadway from 164 to the Wtchduck Interchange Princess Anne/Kempsville Lesner Bridge . Reconfiguring Newtown&W,,tchduck Intersection 1/4 Mile Interchanges ramps south of 1.264 $90,123,181 $119,546,064 • Adding new overpass that connects Greenwich Rd and Cleveland St Completed Underway 1W,. * Oji+ $345 Million tai It ,.. - , ��W Transit Oriented Development is a specific approach to developing the built environment, not an urban style; and, is characterized by a pedestrian-oriented environment that allows people to live, work, shop and play in a concentration of residential, office, and/or retail uses with integrated and convenient transit service: What is Transit Oriented Development? ✓ Mix of housing,office,retail and/or t: s 1` other amenities in walkable areaIt e} ✓ Located within a half-mile of quality r 'ey: `l!' -- ,ape public transportation Ii i.,t1 r%_vli I Potential for increased and/or .". ! t sustained property values j P P Y 1111 ,.,�.,; ✓ Improved access to jobs 4., 14 tfta "` I Expanded mobility choices to _ f .- live/work/shop/recreate within easy ::: ,Y.: walk/bike/transit ; `b `f'- '.4 ✓ Reduce dependence on cars,reduce .-.r , ,.� transportation costs `t-r,,If {- 2E November 1, 2016 31 CITY MANAGER'S BRIEFINGS LIGHT RAIL EXTENSION ITEM#66464 (Continued) The top photo shows Salt Lake City, which has the highest investment of Rail-to-Transit in the Country. The other two slides are of Charlotte, North Carolina: TOD Investment Facts (Feb 2016 brief to CC) • Charlotte-$1 46B in 8 years along initial Blue Line f !'_ • Dallas-$1.5B in TOD within'A mile of stations in initial F 14.11" 15 years.Tax revenues near stations exceed$36 million annually + �� • Minneapolis-$4.2B along Green Line which connects University of Minneapolis with Downtown(opened in 2014) em • Portland-$13.5B in TOD since light rail service began f • i TM,; • Salt Lake City—single 51.58 investment,23-acre mixed- « 4, use TOD City Creek Center project underway _, • Norfolk-$509M in TOD since preliminary engineering of starter line and another$306M under construction Changing Demographics and Economics November 1, 2016 32 CITY MANAGER'S BRIEFINGS LIGHT RAIL EXTENSION ITEM#66464 (Continued) Millennials make up approximately 53.5%of the U.S.Labor Force: Shifting Demographics - Today Source.Pew Research Center U.S.Labor Force by Generation.1995-201.5 rnaitone !0 GO ....... &mer• .� 50 >.. Gear xer, iJ a 40 ww,riw 30 20 10 .. 0 1995 2000 2006 ,030 2013 2010 V Rapid transit is a key to optimizing the planned SGAs ✓ Light rail,enhanced bus and paratransit services supports transportation needs and desires of multiple generations The Development Projects below are for the Newtown and Pembroke Areas: Development Projections in Newtown and Pembroke Areas Average transit-orientedK ,. development projections call for ; � ✓over 5100 residential units y- z r l3 MSF office space ✓1.6 MSF new commercial space 41111 ✓over 1400 new hotel rooms a + AZI ✓Corridor transitions from heavy1;,4-:rtftt industrial use to vibrant mixed use ¢ • neighborhoods and employment _.. centers s � November 1, 2016 33 CITY MANAGER'S BRIEFINGS LIGHT RAIL EXTENSION ITEM#66464 (Continued) The properties located'/and'/2 miles of the Light Rail Corridor have a baseline value of$566.7-Million: Real Estate Value Projected Increase within the Light Rail Corridor Real Estate Assessed Valuations within the Light Rail Corridor e6,eso,000,uoo ss,aoo,000,000 $4,000,000,000 - $3,000,000,000 $2,000,000,000 $1,000,000,000 -- $0 Value_ The baseline value of property within'A mile and%mile of the light rail corridor is$566.7 million Marginal Real Estate Tax Revenue Projected Increase Marginal Cumulative Annual Real Estate Taxes(millions) tf Findings concurred by: Class A4 Class Clamse Dr.Vinod Agarwal nominal w 4.Sx Nominal Ef 4.sx nominal PV 4.5% Professor of Economics to Year Director,Economic Modest $ 23.9 $ 17.4 $ 19.6 $ 14.4 $ 16.8 $ 12.3 Average 461 33.6 COI 27.4 31.9 23.3 Forecasting Project Optimistic 683 49.7 .• 40.5 47.0 34.2 Interim Dean,Strome College of Business,July 2014 to May 2015 Modest 103.6 57.0 46.6 71.7 396 Average 203.5 111.7 CD 91.0 139.7 76.8 Member,Governor's Optimistic 303.5 166.4 135.3 207.8 114.0 Advisory Board of Economists,2006-2010 9n Year Member,Virginia College Modest 241.8 101.783.1 166.8 703 Building Authority Board,July Appf e, 477.5 00'4 388.6 163.1 327.4 137.5 optimistic ]13.2 299.0 8 243.1 488.1 204.7 2004-June 2012 Strome College of Business, 4orear Old Dominion University Modest 432.5 141.7115.7 297.6 97.8 Average 855.9 279.7 696.4 227.6 585.1 191.7 Optimistic 1,279.3 417.6 1,Wu. 339.5 874.5 2135.7 50 Year Modest 681.3 175.3 143.0 467.4 120.7 Average 1,350.0 346.3 CD 281.7 922.2 237.1 0•timistic 2,0186 517.4 1,.9.7 420.4 1,376.9 353.5 November 1, 2016 34 CITY MANAGER'S BRIEFINGS LIGHT RAIL EXTENSION ITEM#66464 (Continued) The properties within the Corridor will generate additional Tax Revenue which, in turn, will provide relief to each individual paying Real Estate Taxes: What does this mean? More tax revenue to provide relief to existing homeowners. Over $165 million of NEW TAX REVENUE in next 20 years from within a 1/2 mile of light rail corridor Findings concurred by:Dr.Vinod Agarwal,Professor of Economics Director,Economic Forecasting Project Interim Dean,Strome College of Business,July 2014 to May 2015 Member,Governor's Advisory Board of Economists,2006-2010 Member,Virginia College Building Authority Board,July 2004-June 2012 Strome College of Business,Old Dominion University The information below provides the job projections as a result of the Transit Oriented Development: Return on Investment: Transit Oriented Development Job Projections Pembroke SGA 20-Year Total Em.to ment Modelin:Comparison Employment Models 2015 2020 2025 2130 2035 Redevelopment Total 17,972 20,853 26,148 31,287 36,125 5 Year Net Growth 2,881 5,295 5,138 4,838 Projection Total 17,972 20,256 24,380 29,168 34,915 5 Year Net Growth 2,284 4,124 4,788 5,747 Benchmark Total 17,972 19,658 22,612 27,049 33,704 5 Year Net Growth 1,686 2,954 4,437 6,655 VEC Total 17,972 19,347 20,876 22,576 24,466 5 Year Net Growth 1,375 1,529 1,699 1,890 Source:City of Virginia Beach SGA Office November 1, 2016 35 CITY MANAGER'S BRIEFINGS LIGHT RAIL EXTENSION ITEM#66464 (Continued) Return on Investment: Transit Oriented Development Job Projections 37,500 Pembroke Em 10 ment Growth Scenarios 35,500 33,500 -- AV, 31,500 --"`Red ment Model 29,500 — Projected with LRT Extension � Benchmark Model a VEE Model W 25,500 ABM MEM 23,500 21,500 19,500 17,500 - What does this mean? More jobs. How many more jobs? Projections are nearly 10,500 more jobs in Pembroke, if light rail were extended to Town Center November 1, 2016 36 CITY MANAGER'S BRIEFINGS LIGHT RAIL EXTENSION ITEM#66464 (Continued) Below are the Next Steps: Next Steps ✓Complete operating and maintenance cost estimate for light rail and supporting bus service by October 21,2016 • Complete Shared-Use Path and Duct Bank design and cost estimates no later than November 15.2016 • RFP issuance targeted for end of November • Authorize notice to proceed for vehicle acquisition no later than December 2,2016 • Complete state grant agreement for$155M no later than December 15,2016 • Complete agreement with HRT for:construction oversight, project handover,and vehicle commissioning no later than December 31,2016 $67-95 Million Reduction in projected costs 105%Increase in Bus Service that reeds into the Tide * 0.57%of City's budget share annually for The Tide and Total Bus Service throughout the City + $165 Million of new Tax Revenue by year 20' + 10,500 more jobs*in the Pembroke Strategic Growth Area 2,349,600 Boardings on the Tide to Town Center in 2020~ • Findings Concurred by Dr.Vinod Agarwal, Professor of Economics **Hampton Roads Transit and November 1, 2016 37 CITY MANAGER'S BRIEFINGS LIGHT RAIL EXTENSION ITEM#66464 (Continued) Virginia Beach .� Light Rail Project Update City Council Briefing Discussion November 1,2016 Brian Solis,Transportation and Transit Planning Manager \43 VaEinii$e•h Mayor Sessoms thanked Mr. Solis and the entire Stafffor all of their hard work on this Project. November 1, 2016 38 CITY MANAGER'S BRIEFINGS HURRICANE MATTHEW ITEM#66465 4:35P.M. Mayor Sessoms welcomed David L. Hansen, City Manager. City Manager Hansen expressed his appreciation to the City Council for their active involvement and continued support: fi' - ,.._.1Si Council Briefing November 1,201(__•oa. I_ ipp -ior._ � kz Below are the numbers relative to the clean-up of Hurricane Matthew: Tun.Nosr.1 •940e m Crisis Clean-Up aOud •Debris 370)62%) 10 •Deferred Maint. 1 •Mold 19 t o• - • ,� •Muck Out 287 'Other 27 'Rebuild 16 y '•^11.• '` <i ar i t •Tarp 5 r'l` .... s •A a t a... •Trees 5 A Open Assigned or • g� a ::.:. � - partially Completed (1%) 11 x 4 .4. Open Unassigned or Needs 220)37%) • 3 o Y t,r oFollow up 4s • ` a c •a s t C 'Debris 2 •Mold 33 IT 1 • s •Muck Out 86 'Other 28 •d' q• 'Rebuild 25 'Tarp 10 •Trees 36 All 595 November 1, 2016 39 CITY MANAGER'S BRIEFINGS HURRICANE MATTHEW ITEM#66465 (Continued) The Community Recovery Centers served 928 households from October 13-27, 2016: Community Recovery Centers • Timeframe:10/13-10/27 • Partners: — DHS Social Services(Child Welfare,Benefits and Adult Services)and DHS Community • CRCs Locations:Bow Creek Recreational Service Board(Grief Counseling) Center,The Church of the Holy Spirit, - Department of Public Health The Church of the Holy Apostle - 311 — Department of Housing • Number of Staff:227° — VB Public Schools — Fleet and Families — • Number of Households Served:928* Navy Housing — Transportation — Clothing and Food donations • Localities Assisting — Several Apartment Resources — Chesapeake Social Services sent"1S staff — VB Fire Department — Norfolk sent 1 staff — VB Police Department The Virtual Response Team received twenty-five (25)calls from October 24-27, 2016: Virtual Response Team Summary Report for calls received 10/24/16-10/27/16(1"week): Total Calls Received: 25 Service Request: Other Requests: Food: 11 To Make Clothing Donation: 4 Clothing: 5 To Obtain Housing Contact H: 1 Bedding: 1 Tenant/Landlord Dispute: 1 Electricity: 3 Pungo Assessment: Repairs: 2 A team consisting of Adult Services,Homelessness Clean-up: 2 Services and Housing assessed the Pungo,Creeds, Transportation: 2 Back Bay,etc.area of Virginia Beach on Thursday, Counseling: 2 October 27th. Unknown: 2 Overall everyone that they made contact with had no remaining unmet needs;food assistance was provided. November 1, 2016 40 CITY MANAGER'S BRIEFINGS HURRICANE MATTHEW ITEM#66465 (Continued) Housing is the major focus of the attention as the City waits for the answer to the Federal Declaration request. Waypoint Apartments agreed to return the security deposit and provide a $700 grant to the families displaced by the Hurricane: Housing • Began today assisting specific Waypoint households that would be out of hotel as of tonight that meet all financial assistance criteria(funding for approx.25 households) — The criteria are: • Displaced due storm damage and have no other immediate housing options • Have been assessed by DHNP to understand their risk of homelessness • Have minor children or people woh disabilities in their household and have financial limitations that make hotel stays unaffordable • Are losing their subsidy for a hotel room this week or otherwise have no other housing location available to them as of this week. • Coordinating with Hotel Kids(organization)to assist with other households • On-going process of calling/verifying/establishing housing plan and next steps • -36 households in hotels from original 113"priority"in third week of housing assistance — 86 inspections completed • Houses in various stages of repair/livability • Housing is providing a full report to City Manager Volunteer Resources Volunteer Disaster Relief Groups CZ • UMCOR CZ — Continuing Early Recovery(Muck and Gut) — Beginning Long-Term Recovery - (Rebuilding/Construction) K�` — Applied for AmeriCorps NCCC Volunteers )` to assist • Operation Blessing(Re-Deployed to $ .Q. North Carolina) • Southern Baptist Conservative Disaster ! Relief(Standing Down) `-'t • Team Rubicon(Re-Deployed to North C1 Carolina) r' November 1, 2016 41 CITY MANAGER'S BRIEFINGS HURRICANE MATTHEW ITEM#66465 (Continued) In an effort to spearhead the Long Term Recovery, the City is inviting local stakeholders to participate in a meeting on November 3rd. At this meeting,prospective partners and other concerned stakeholders will discuss the impact the disaster had on their community, as well as possible approaches to recovery. It is important to invite experienced people to help provide guidance in planning and the City is lucky to have Virginia Department of Emergency Management to facilitate this discussion: LONG TERM RECOVERY GROUP The Long Term Recovery process is spearheaded by a volunteer committee consisting of non-profit organizations and private organizations with a singular City Government Liaison. ' t i —lah site Supeivisoi•� Anyone that would like to contribute to the Virginia Beach Assistance Fund can do so through United Way: Fulfilling Additional Unmet Needs: Give Help, Get Help • Monetary Donations(around$7000 currently) — United Way-Virginia Beach Assistance Fund(VBAF) 'Please call ahead of time for hours of operation — T:757.853.8500 'all f these groups ore accepting donations and • Food Pantries/Donations(collected over 5000 lbs.) olunteers to help,v,h — Foodbank of Southeastern Virginia and the Eastern Shore the reg effort — T:757-627-6599)877-HUNGERX(877-486-4379) • Clothing and Household Goods T1 11 NCS — The Salvation Army Hampton Roads Area Command(Notate"Local Hurricane Relief") — 5525 Raby Rd,Norfolk,VA 23502 \\'III\ll)I — T:(757)543-8100 .:. November 1, 2016 42 CITY MANAGER'S BRIEFINGS HURRICANE MATTHEW ITEM#66465 (Continued) The primary focus of Public Utilities is on Lake Gaston and Stumpy Lake damage/repair efforts: Public Utilities • Displaced Residents Site Visits and Interviews — Public Utilities has conducted 35 interviews as of today — Neighborhoods visited: • The Lakes,Green Run,Windsor Woods,Windsor Oakes,Rosemont Forest,Glenwood,Princess Anne Plaza,Ocean Lakes,Strawbridge — Interviews scheduled to conclude today • Lake Gaston — Currently pumping 8 mgd and system fully operational — Meherrin River Log Jam—Logjam removal underway and is scheduled to be completed November 2; cost estimate—$26,000;final costs will be provided at conclusion of work — Black Creek Aerial Crossing Erosion Assessment—Cost estimate pending,subject to geotechnical engineer inspection — Blackwater River Log Jam—Bid quotes expected on November 4 • Stumpy Lake damage/repair efforts — Awaiting letter report and construction documents necessary to make repairs to erosion—should be finalized this week.These documents will be used for solicitation of quotes. • Storm recovery costs,week of October 25—31—$0 overtime/contractual e Public Works has been the "work-horse"on the street as the recovery costs, including salaries and over- time, is in excess of$10-Million, to date: Public Works Matthew Storm Recovery Costs Though November 1" Recovery Effort Recovery Effort Recovery Effort Total Additional Division To Oct 17th Oct 18th-Oct 24th Oct 25th-Nov 1st Summary Need Waste Management-Landfill $287,000 $280,888 $71,341 $639,229 $953,590 Facilities $19,000 $639 $1,500 $21,139 $291,300 Operations $3,157,586 $4,340,462 $2,024,910 $9,522,958 $800,000 Fleet Management $0 $0 0 $1,258,858 Costs to Date $3,463,586 $4,621,989 $2,097,751 $10,183,326 $3,303,748 • Yard Debris Hauled:44,534cy • 22,221 cu of mulch out of the pit • Pumping Down Sherwood with city pumps and setting up new pumps November 1, 2016 43 CITY MANAGER'S BRIEFINGS HURRICANE MATTHEW ITEM#66465 (Continued) Public Safety has been critical in the recovery process: Public Safety • • ECCS • VBFD — Normal operations — Normal operations — Will change if declaration status is — 5000#of food collected and on- made going — Need to provide information to — FPB assisted housing inspections 311 call takers on declaration • EMS • VBPD — Normal operations — Normal operations with increased — Standing by should FEMA need patrols in affected areas assistance • Sheriff — Have staff available to assist for — Normal operations other duties Communications • Met with VDEM,HRPDC and other regional PIOs regarding Federal Declaration to coordinate messaging moving forward.Continue to have people call 311(local)versus 211(state). • Photographer/Video covering donated mattress/box spring delivery this morning to Salvation Army.Will also cover day-of distribution of product to homeowners once date is decided. • Messaging developed for pending Federal Declaration(yes or no). • Continue to promote the need for food,clothes and donations. • Public messaging on VBgov,local media and social media as city resources are made available. November 1, 2016 44 CITY MANAGER'S BRIEFINGS HURRICANE MATTHEW ITEM#66465 (Continued) Hurricane Matthew Update • Current cost being reported for the Hurricane Matthew recovery reflect those that are above what was included in the Adopted FY 2016-17 Operating Budget. • Salaries are not included in these costs being reported. • Beginning in November, payroll numbers will begin to reflect the salaries and fringe cost related to Hurricane Matthew. Matthew Storm Recovery Cost Department Week of Week of Week of Cost Additional Notes: Oct 8'h- Oct 18''- Oct 25'e- Summary to Known Oct 17'h Oct 24'a Nov 1`t Date Recovery Costs Housing $78,000 $21,539 $6,162 $105,701 - Hotels:contracted manpower ECCS $10,300 $2,300 $875 $13,475 - Overtime(OT) Fire $6,000 $203 - $6,203 - OT Parks and Rec- $70,750 - - $70,750 - 01,supplies and contractual Landscape tree removal EMS $5,000 - - $5,000 - OT Waste $287,000 $280,888 $71,341 $639,229 $953,590 OT,Landfill Repair,waste Management- disposal cost Landfill Facilities $19,000 $639 $1,500 $21,139 $291,300'"OT Operations $3,157,586" $4,340,462• $2,024,910 $9,522,958 5800,000..0T,contractual pumping,debris oval Fleet Mngmt. - - - - $1,258,858 Media Comm. $1,096 $321 - $1,417 -Brochures,OT,mileage *Updated to reflect closer to actual cost from previously reported numbers. "Additional known cost updated to reflect better estimates from this point. November 1, 2016 45 CITY MANAGER'S BRIEFINGS HURRICANE MATTHEW ITEM#66465 (Continued) Matthew Storm Recovery Cost(Continued) Department Week of Week of Week of Cost Summary Additional Notes: Oct 8th- Oct 18th- Oct 25th- to date Known Oct 17th Oct 24th Nov 1st Recovery Costs Human Services $15,000 $3,936 $4,655 $23,591 -OT Public Utilities $92,796 $18,000 - $110,796 -OT,contractual services Police $30,350 $15,559 - $45,909 -OT Cost to Date $3,772,878 $4,683,847 $2,109,443 $10,566,168 $3,303,748 After Action Report Benchmark Date Emergency Preparedness Committee AAR Discussion 10/27/2016 Deadline for Template Submission 11/1/2016 Final Report Submission 11/17/2016 Mayor Sessoms expressed sincere appreciation to City Manager Hansen and everyone that has been involved in working so hard in this recovery process. November 1, 2016 46 CITY COUNCIL LIAISON REPORTS ITEM#66466 4:49 P.M. There were no City Council Liaison Reports. November 1, 2016 47 CITY COUNCIL COMMENTS ITEM#66467 4:49 P.M. Councilman Dyer advised the Process Improvement Planning Group met with Barry Frankenfield — Director, Planning on ways to improve the Planning and DSC process. November 1, 2016 48 AGENDA REVIEW SESSION ITEM#66468 4:50 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 21-332.1 of the City Code re parking exemptions for Service Disabled Veterans 2. Ordinance to DECLARE 5361 Cleveland Street to be EXCESS and AUTHORIZE the City Manager to execute the necessary documents with SOLUTIONS ENTERPRISES,LLC 3. Resolution to GRANT a sixty(60)-day extension to United States Management, LLC(USM) re a loan commitment for the Arena development 4. Ordinance to CONFIRM a Declaration of a Local Emergency re Hurricane "Matthew" 5. Ordinance to AUTHORIZE the City Manager to EXECUTE all documents for a lease of property from the Commonwealth of Virginia at Camp Pendleton re transoceanic fiber communication cables and ESTABLISH a FY 2018 Capital Improvement Project re in-kind utilities 6. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned property known as Fleming Circle for Mayfair,Inc. re additional parking spaces DISTRICT 6—BEACH 7. Resolution to CONFIRM the City Attorney's appointment of Tobias L. Eisenlohr as Assistant City Attorney, effective November 7, 2016 8. Ordinances to APPROPRIATE: a. $1.4-Million to the Fire Department from FEMA re Virginia Task Force 2 Urban Search and Rescue Team deployment re Hurricane "Matthew" b. $57,492 from the Social Services Gift Fund re various Human Services programs COUNCILMAN MOSS WILL VOTE NO ON ITEM#2 MAYOR SESSOMS WILL ABSTAIN ON ITEM#2 Item #3 WILL BE CONSIDERED SEPERATELY COUNCILMAN UHRIN, COUNCIL LADY WILSON and COUNCILMAN WOOD FILED DISCLOSURE LETTERS MAYOR SESSOMS WILL ABSTAIN ON ITEM#6 November 1, 2016 49 AGENDA REVIEW SESSION ITEM#66468 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. THOMAS BROWN for a Variance to Section 4.4(b)and(d) of the Subdivision Regulations to create two (2) new lots at 843 Muth Lane DISTRICT 2-KEMPSVILLE 2. 1094 DIAMOND SPRINGS ROAD for a Modification of Conditions to redevelop the site re an Animal Hospital at 1094 Diamond Springs Road DISTRICT 2-KEMPSVILLE 3. NEW JERUSALEM CHURCH for a Modification of Conditions re parking to improve an existing parking area at 118 Bishop Thoroughgood Avenue DISTRICT 6—BEACH 4. VIRGINIA BEACH RECYCLING,INC. and BENJAMIN ROD and MICHAEL V. RODRIGUEZ for a Conditional Use Permit re solid waste recycling at 2544 and 2552 Aviator Road(West Oceana)DISTRICT 3—ROSE HALL 5. ANCIENT ART TATTOO STUDIO IV,LLC and VILLAGE ASSOCIATES,LLLP for a Conditional Use Permit re a tattoo parlor and piercing at 2605 Virginia Beach Boulevard DISTRICT 6-BEACH 6. NIMMO CEMETERY ASSOCIATION for a Conditional Use Permit re Columbarium at 2200 Princess Anne Road DISTRICT 7—PRINCESS ANNE MAYOR SESSOMS WILL ABSTAIN ON ITEM#4 MAYOR SESSOMS WILL ABSTAIN ON ITEM#5 VICE MAYOR JONES FILED HIS DISCLOSURE LETTER RE ITEM#6 November 1, 2016 50 ITEM#66469 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION,pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Princess Anne District Beach District LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). • Estate of Doris Virginia Baxter v. City of Virginia Beach 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 • Appointee Performance Evaluations November 1, 2016 51 ITEM#66469 (Continued) Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, City Council voted to proceed into CLOSED SESSION at 4:52 P.M. 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 Closed Session 4:52 P.M. - 5:59 P.M. November 1, 2016 52 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 1,2016 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, November 1, 2016, at 6:00 P.M. Council Members Present: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood left after Closed Session INVOCATION: Pastor John Allen Crosscurrent Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne Bank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of January 13, 2015, is hereby made a part of the record. November 1, 2016 53 Vice Mayor Jones DISCLOSED,for many years, he served on the Board of Directors of Resource Bank. Three (3)years ago, Fulton Financial Corporation ("Fulton Financial')purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones'letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Berkshire Hathaway Home Services Town Realty ("Berkshire Hathaway'), which was formerly known as Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of transactions it handles in any given year, Berkshire Hathaway has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 13, 2015, is hereby made a part of the record. Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If, during her review of an agenda, she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Lady Wilson's letter of June 2, 2015, is hereby made a part of the record. Mayor Sessoms recognized and welcomed Garrett Hartman from Boy Scout Troop 364. November 1, 2016 54 Item—VII-E CERTIFICATION ITEM#66470 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 1, 2016 ti u ;s OF OUR XM� 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#66469 Page 51 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. R Hodges Fraser,MMC ity Clerk November 1, 2016 55 Item -VII-F MINUTES ITEM#66471 Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of October 18, 2016. Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr., John E. Uhrin and Rosemary Wilson Council Members Abstaining: John D. Moss Council Members Absent: James L. Wood November 1, 2016 56 Item VII—H.1 MAYOR'S PRESENTATION ITEM#66472 PROCLAMATION—NATIVE AMERICAN HERITAGE MONTH Lee Lockamy—Nansemond Indian Tribal Council Mayor Sessoms welcomed Lee Lockamy, Nansemond Indian Tribe Council and presented a Proclamation declaring NOVEMBER 2016 "NATIVE AMERICAN HERITAGE MONTH". The Mayor called upon the Citizens, Government Agencies, Public and Private Institutions, Businesses and Schools in the City to recognize the contributions of Native Americans to the history and development of the City, State and Nation and to commemorate this month with appropriate activities. Mayor Sessoms further acknowledges the contributions of the Nansemond Indian Tribe to the vitality of the City, both past and present, and the pride we have in their association with the community. November 1, 2016 PROCLAMATION Native American Heritage Month Nansemond Indian Tribe November 2016 WHEREAS: Native Americans have made use of the natural resources in Virginia and Virginia Beach for over 15,000 years;and WHEREAS: Native Americans prospered in Virginia as hunters and gatherers for thousands of years living in bands and encampments;and WHEREAS: Native Americans developed tribal relationships and settled in hamlets and villages;and WHEREAS: The Chesapeake Indian tribe resided in a village in Virginia Beach at the time of or just prior to the early seventeenth century settlement of the region by England; and WHEREAS: Members of the Nansemond Indian tribe moved eastward settling in areas that included Virginia Beach;and WHEREAS: An Indian reservation in the Pungo area of Virginia Beach was occupied by Nansemond Indians in the late seventeenth century;and WHEREAS: The Commonwealth of Virginia officially recognized the Nansemond Indian tribe in 1985;and WHEREAS: Members of the Nansemond Indian tribe play an essential role in the Virginia Beach community today;and WHEREAS: November was first declared as Native American Heritage Month in the United States of America in 1990;and WHEREAS:November is also commemorated as Native American Heritage Month in the Commonwealth of Virginia; NOW,THEREFORE,I,William D.Sessoms,Jr.,Mayor of the City of Virginia Beach, Virginia,do hereby proclaim November 2016 Native American Heritage Month In Virginia Beach,and furthermore call upon the citizens,government agencies,public and private institutions,businesses and schools in Virginia Beach to recognize the contributions of Native Americans to the history and development of the city,state and nation and to commemorate this month with appropriate activities. I further wish to acknowledge: the contributions of the Nansemond Indian tribe to the vitality of Virginia Beach, both past and present, and the pride we have in their association with our community. In testimony whereof,I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach,Virginia,to be affixed this 1g day of November,two thousand sixteen. William D.Sessoms,Jr. Mayor 57 ADOPT AGENDA FOR FORMAL SESSION ITEM#66473 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION November 1, 2016 59 Item - VII-J ORDINANCES/RESOLUTIONS ITEM#66475 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT: Agenda Items 1, 2(MOSS VERBAL NAY AND MAYOR SESSOMS ABSTAIN), 4, 5, 6(MAYOR SESSOMS ABSTAIN), 7 and 8a/b/. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 1, 2016 60 Item-VII-J.1 ORDINANCES/RESOLUTIONS ITEM#66476 The following individual registered to speak: Barbara Messner registered to speak. Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to AMEND Section 21-332.1 of the City Code re parking exemptions for Service Disabled Veterans Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 1, 2016 REQUESTED BY MAYOR SESSOMS AND COUNCILMEMBER MOSS 1 AN ORDINANCE TO AMEND CITY CODE SECTION 2 21-322.1 TO ADD A PAID PARKING EXEMPTION 3 FOR SERVICE-DISABLED VETERANS 4 5 Section Amended: § 21-322.1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 21-322.1 of the Code of the City of Virginia Beach, Virginia, is 11 hereby amended and ordained to read as follows: 12 13 Sec. 21-322.1. - Veterans' paid parking exemption. 14 15 (a) A veteran to whom special license plates issued under Virginia Code Sections 16 46.2-741 (Pearl Harbor Survivor), 46.2-742 (Purple Heart), 46.2-742.1 (Bronze 17 Star or Silver Star), 46.2-742.1:1 (Air Medal), 46.2-742.2 (Navy Cross, 18 Distinguished Service Cross, Air Force Cross, or Distinguished Flying Cross), 19 46.2-745 (Medal of Honor), or 46.2-746 (Prisoner of War), or 46.2-739 (Service- 20 Disabled Veterans) have been issued, or a person transporting such veteran in a 21 motor vehicle displaying special license plates, may park such motor vehicle, 22 without charge, in a parking space in a City parking facility or a metered parking 23 space. 24 25 (b) This section shall not exempt a vehicle displaying special license plates from 26 compliance with any other state law or ordinance, including, but not limited to, 27 limitations on the types of vehicles that may park in certain reserved parking 28 spaces and time-based restrictions on parking in City parking facilities or metered 29 parking spaces. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 1 s t day of November , 2016. APPROVED AS TO LEGAL SUFFICIENCY: VAt, ik— Roderick R. Ingra City Attorney's Office CA13792 R-2 October 25, 2016 61 Item-VII-J.2 ORDINANCES/RESOLUTIONS ITEM#66477 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to DECLARE City Property at 5361 Cleveland Street to be EXCESS and AUTHORIZE the City Manager to execute the necessary documents with SOLUTIONS ENTERPRISES,LLC Voting: 8-1 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, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: John D. Moss Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: James L. Wood November 1, 2016 1 AN ORDINANCE DECLARING 14,579 SQ. FT. OR 2 0.335 ACRES +/- OF CITY PROPERTY (A PORTION 3 OF GPIN 1467-55-7079) LOCATED NEAR 5361 4 CLEVELAND STREET TO BE IN EXCESS OF THE 5 CITY'S NEEDS AND AUTHORIZING THE CITY 6 MANAGER TO EXECUTE ALL DISPOSITION AND 7 EXCHANGE DOCUMENTS WITH SOLUTIONS 8 ENTERPRISES, LLC 9 10 WHEREAS, the City of Virginia Beach (the "City") is making improvements to 11 Clearfield Avenue and Cleveland Street as a part of the Greenwich Road/Cleveland 12 Street Crossover Project (CIP 2-401) (the "Project"), in advance of VDOT's project for 13 the new Interstate 264 flyover; 14 15 WHEREAS, Solutions Enterprises, LLC, owns the property located at 5361 16 Cleveland Street and the adjacent lot, upon which Virginia Integrated Communications 17 ("ViCom") operates, and which will be impacted by the Project; 18 19 WHEREAS, it is necessary for the City to acquire 5,203 Sq. Ft. (0.119 Acres) for 20 right-of-way; 124 Sq. Ft. (0.003 Acres) for a utility easement; and 31,724 Sq. Ft. (0.728 21 Acres) for temporary construction easements from Solutions (collectively, the "Solutions 22 Property"); 23 24 WHEREAS, in an effort to move the Project forward, Solutions and the City 25 propose a transaction that includes the exchange of real property and various 26 improvements upon the City property which will all be set forth in a written agreement 27 (the "Exchange Agreement"); 28 29 WHEREAS, the City is the owner of a certain parcel of land comprising 14,579 30 Sq. Ft. (0.335 Acres) located near Cleveland Street and more particularly described on 31 Exhibit A attached hereto and made a part of this Ordinance (the "City Remnant"), 32 which is residual area from property acquired for the Project and is not needed for 33 public purposes; and 34 35 WHEREAS, the City Council finds that it is in the best interests of the City to 1) 36 declare the City Remnant in excess of the City's needs and exchange the City Remnant 37 for the Solutions Property; and 2) take other action in accordance with the Summary of 38 Terms, attached hereto as Exhibit B and incorporated herein. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 41 VIRGINIA BEACH, VIRGINIA: 42 43 That the 14,579 Sq. Ft. (0.335 Acre) City Remnant is hereby declared to be in 44 excess of the needs of the City of Virginia Beach and that the City Manager is hereby 45 authorized to execute the Exchange Agreement and any other documents needed to 46 convey the City Remnant to Solutions Enterprises, LLC and acquire the Solutions 47 Property, provided such documents are in substantial conformity with the terms set forth 48 in the Summary of Terms attached as Exhibit B, and such other terms, conditions or 49 modifications deemed necessary and sufficient by the City Manager and in a form 50 deemed satisfactory by the City Attorney. 51 This Ordinance shall be effective from the date of its adoption. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day 54 of November , 2016. APPROVED AS TO CONTENT APPROVED AS TO LEGAL - SUFFICIENCY At /fir" _ 0-44Aul�/ ' ', / Public orks/Real Estate City Attorney's Office CA13835 \\vbgov.com\dfs l\applications\citylawprod\cycom32\wpdocs\d022\p023\00322264.doc R-1 October 20, 2016 EXHIBIT "A" Property to be exchanged between CITY from SOLUTIONS ENTERPRISES, LLC: 1. "Solutions Property" — Property to be Conveyed to CITY from SOLUTIONS ENTERPRISES, LLC a. Portion of Lot 38; GPIN: 1467-55-8065: ALL THAT certain lot, piece or parcel of land, together with the improvements thereon, belonging, situate and being in the City of Virginia Beach, Virginia and being designated and described as "PROPERTY TO BE CONVEYED FOR RIGHT-OF-WAY PURPOSES AREA = 1,570 SQ. FT. OR 0.036 ACRES," as shown on that certain plat entitled, "RESUBDIVISION PLAT OF PROPERTY OF SOLUTIONS ENTERPRISES, L.L.C. AND THE CITY OF VIRGINIA BEACH VIRGINIA BEACH, VIRGINIA," Scale: 1" = 50', dated March 7, 2016 and revised through August 23, 2016, prepared by Precision Measurements, Inc., to which reference is made for a more particular description. TOGETHER WITH the right and temporary easement to use the additional areas designated and described as "TEMPORARY CONSTRUCTION EASEMENT TO BE CONVEYED AREA = 13,124 SQ. FT. OR 0.0301 ACRES," as shown on the aforesaid plat for construction cut and/or fill slopes as required for the proper execution and maintenance of work. Said temporary right and easement will terminate when there no longer exists the necessity for maintenance or until such time as all construction has terminated and the Grantee accepts the work as being completed. b. Portion of Lot 37; GPIN 1467-55-9071: ALL THAT certain lot, piece or parcel of land, together with the improvements thereon, belonging, situate and being in the City of Virginia Beach, Virginia and being designated and described as "PROPERTY TO BE CONVEYED FOR RIGHT-OF-WAY PURPOSES AREA =3,633 SQ. FT. OR 0.083 ACRES," as shown on that certain plat entitled, "RESUBDIVISION PLAT OF PROPERTY OF SOLUTIONS ENTERPRISES, L.L.C. AND THE CITY OF VIRGINIA BEACH VIRGINIA BEACH, VIRGINIA," Scale: 1" = 50', dated March 7, 2016 and revised through August 23, 2016, prepared by Precision Measurements, Inc., to which reference is made for a more particular description. TOGETHER WITH the right and temporary easement to use the additional areas designated and described as "TEMPORARY CONSTRUCTION EASEMENT TO BE CONVEYED AREA = 18,600 SQ. FT. OR 0.0427 ACRES," as shown on the aforesaid plat for construction cut and/or fill slopes as required for the proper execution and maintenance of work. Said temporary right and easement will terminate when there no longer exists the necessity for maintenance or until such time as all construction has terminated and the Grantee accepts the work as being completed. c. Permanent Utility Easement (Located on a portion of Lot 37): ALL THAT certain lot, piece or parcel of land, together with the improvements thereon, belonging, situate and being in the City of Virginia Beach, Virginia and being designated and described as "PUBLIC UTILITY EASEMENT TO BE CONVEYED AREA = 124 SQ. FT. OR 0.003 ACRES," as shown on the aforementioned plat in #a above. 2. "CITY Remnant" - Property to be conveyed to SOLUTIONS ENTERPRISES, LLC from CITY: Portion of GPIN 1467-55-7079: ALL THAT certain lot, piece or parcel of land, together with the improvements thereon, belonging, situate and being in the City of Virginia Beach, Virginia and being designated and described as "PROPERTY TO BE CONVEYED TO SOLUTIONS ENTERPRISES, L.L.C. FROM THE CITY OF VIRGINIA BEACH AREA = 14,579 SQ. FT. OR 0.335 ACRES," as shown on that certain plat entitled, "RESUBDIVISION PLAT OF PROPERTY OF SOLUTIONS ENTERPRISES, L.L.C. AND THE CITY OF VIRGINIA BEACH VIRGINIA BEACH, VIRGINIA," Scale: 1" = 50', dated March 7, 2016 and revised through August 23, 2016, prepared by Precision Measurements, Inc., to which reference is made for a more particular description. RESERVING UNTO THE CITY that certain drainage easement designated and described as "PUBLIC DRAINAGE EASEMENT TO BE RETAINED AREA =1,890 SQ. FT. OR 0.043 ACRES" as shown on the aforementioned plat. City acknowledges that the aforementioned public drainage easement will be located over a parking lot, and Solutions shall have the right to make full use of the area upon which the Public Drainage Easement exists, so long as such use does interfere with the City's right to operate and maintain the Public Drainage Easement. AND FURTHER RESERVING UNTO THE CITY a temporary construction easement over the entire parcel as described above and shown on the aforesaid plat as "PROPERTY TO BE CONVEYED TO SOLUTIONS ENTERPRISES, L.L.C. FROM THE CITY OF VIRGINIA BEACH AREA = 14,579 SQ. FT. OR 0.335 ACRES,", for construction cut and/or fill slopes as required for the proper execution and maintenance of work. Said temporary right and easement will terminate when there no longer exists the necessity for maintenance or until such time as all construction has terminated and the City accepts the work as being completed. EXHIBIT B SUMMARY OF TERMS PARTIES: City of Virginia Beach ("City") Solutions Enterprises, LLC, a Virginia limited liability company ("Solutions") CITY PROPERTY TO BE EXCHANGED: 14,579 Sq. Ft. (0.335 Acre) of City property ("City Remnant"), portion of GPIN: 1467-55-7079, located near 5361 Cleveland Street SOLUTIONS PROPERTY TO BE ACQUIRED BY CITY FOR ROAD PROJECT: 5,203 Sq. Ft. (0.119 Acres) for right-of-way, 124 Sq. Ft. (0.003 Acres) for a utility easement, and 31,724 Sq. Ft. (0.728 Acres) for temporary construction easements from properties owned by Solutions, portion of GPINs: 1467-55- 8065 and 1467-55-9071, (collectively, the "Solutions Property") CONDITIONS OF SALE • The City and Solutions will each bear their own closing costs. • At closing Solutions will transfer the Solutions Property to the City, free and clear of all liens and encumbrances, and the City will transfer the City Remnant to Solutions, reserving to the City all necessary easements for the Project and for drainage. • City will make improvements to the City Remnant for Solutions to use as a parking lot (the "Parking Lot Improvements") to mitigate Solutions' loss of parking due to the Project. • Solutions will accept the City Remnant and Parking Lot Improvements as total just compensation for the Solutions Property and damages to the residue, if any. Tu � aW o 00 LLI M N W it ''' -''''----'--"f f ' ' CD 0 5p x ,. te e Lij 0mo+i. Q p : ) • O: i • / v 'if 44- 6 ir J ,� a.r cc . 111 a t} 'ryt» J ., ."5 a ,pt _ c. , rte,r � AK 4�l t* ,� `" s . %#*€ Ja07 � b�, *7 fi / l' ' 3 , ./.41, w ,� a . -k*, " I. ` ` N O. Itfir x . U w" a �.*.w1xt W/O 03 44 ..., 4„,At W � (Du) f "4y 4.4,,,i ,- . ,,,. 4., / Q. 0 . . U E c6 re U- ki olt. 4 / ~ C 0 I- ..=. 0 a �. :`; 03 U ir 3= U City of Vir�i�ia I 1eac�i c e* * S - S Op OUR NMI�N VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE In Reply Refer to 0059209 VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms @ vbgov.co m November 1, 2016 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on an ordinance declaring approximately .335 acres of City property near 5361 Cleveland Street to be excess and authorizing the City Manager to execute disposition and exchange documents with Solutions Enterprises, LLC. 2. Solutions Enterprises, LLC has disclosed that TowneBank is one of its financial services providers. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach, and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerely, /(Y/(/(7(J(44 William D. Sessoms Mayor WDS/RRI 62 Item -VII-J.3 ORDINANCES/RESOLUTIONS ITEM#66478 The following individuals registered to speak: Barbara Messner spoke in OPPOSITION. Ms. Messner feels there are a number of City Council Members that should not vote as they have a conflict of interest. However, each time each Member of City Council casts a vote. The project was denied less than one month ago and now it is being brought back with the request for extension of time to determine funding. Beatrice Browder spoke in OPPOSITION. Ms. Browder feels the City does not need the Arena and, most definitely does not need a "train" to transport people to the Arena. Ms. Browder feels the City needs fresh members on City Council that will have the Citizens as their Number 1 priority. Public Safety, education and infrastructure are the government's responsibility, not entertainment. Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED:Resolution to GRANT a sixty (60)-day extension to United States Management, LLC (USM) re a loan commitment for the Arena development Voting: 9-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: Barbara M Henley Council Members Absent: James L. Wood Councilman Uhrin, Council Lady Wilson and Councilman Wood Filed Disclosure Letters November 1, 2016 1 RESOLUTION GRANTING A SIXTY 2 DAY EXTENSION TO OBTAIN A LOAN 3 COMMITMENT FOR THE ARENA 4 5 WHEREAS, on behalf of the City of Virginia Beach (the "City"), the City Manager 6 and City staff have engaged in extensive negotiations with representatives of United 7 States Management, LLC, and its affiliates (collectively "USM"), regarding the 8 development of an arena on City-owned property adjacent to the Virginia Beach 9 Convention Center (the "Arena"); 10 11 WHEREAS, City staff and representatives of USM developed a non-binding term 12 sheet for the construction and operation of the Arena (the "Arena Term Sheet"). 13 14 WHEREAS, on December 9, 2014, by Resolution RES-03707, the City Council of 15 the City of Virginia Beach (the "City Council") approved the Arena Term Sheet dated 16 November 25, 2014 and authorized the development of definitive project documents 17 (the "Project Documents"); 18 19 WHEREAS, the Arena Term Sheet reflected the understanding of the City 20 Council and USM of the terms and conditions for the development of the Arena and 21 served as a basis for the definitive, binding documents between the parties; 22 23 WHEREAS, on December 8, 2015, by Resolution RES-03760 (the "Approval 24 Resolution"), City Council adopted a Resolution approving (i) the execution of the 25 Project Documents, and (ii) authorizing the transfer of approximately 5.8 acres of land 26 (the "Project Land") to the City of Virginia Beach Development Authority (the "Authority") 27 on the terms set forth in the Project Documents. 28 29 WHEREAS, the parties executed a Development Agreement dated December 30 11, 2015, with a form of the remaining Project Documents attached thereto as exhibits 31 (the "Development Agreement"); 32 33 WHEREAS, the Project Documents contemplated that USM would obtain a loan 34 to finance its obligations for the development of the Arena from a foreign lender in the 35 principal amount of approximately $170M, and that USM would also contribute $40M in 36 equity to the completion of the Arena (the "Financing"). 37 38 WHEREAS, the Development Agreement contains a deadline for USM to deliver 39 to the City a loan commitment letter from an institutional investor to finance the Arena 40 ("Loan Commitment Deadline"); 41 42 WHEREAS, if the Loan Commitment Deadline is not met by USM, the City would 43 have the right to terminate the Development Agreement by giving written notice to USM; 44 45 WHEREAS, the original Loan Commitment Deadline as set forth in the 46 Development Agreement was September 9, 2016, subject to two 30-day extensions; 47 WHEREAS, on July 12, 2016 City Council adopted RES-03799 which endorsed 48 a proposed change to the financing structure proposed by USM and also extended the 49 Loan Commitment Deadline to November 8, 2016 (the "Endorsement Resolution"); 50 51 WHEREAS, USM has continued to work to satisfy the Loan Commitment 52 requirement, but has indicated it will not meet the November 8, 2016 Loan Commitment 53 Deadline; 54 55 WHEREAS, USM has requested that the City extend the Loan Commitment 56 Deadline until January 7, 2017; 57 58 WHEREAS, (i) the deadline for closing on the Financing (the "Loan Closing") 59 remains eight months after delivery of the Loan Commitment, and (ii) the deadline for 60 commencing construction on the Arena remains ten months after Loan Closing, and (iii) 61 the deadline for completing the Arena remains October 1, 2019; with all such deadlines 62 subject to extension as provided for in the Development Agreement; and 63 64 WHEREAS, City Council is of the opinion that allowing USM additional time to 65 provide the Loan Commitment contemplated in the Development Agreement is in the 66 public interest. 67 68 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 69 OF VIRGINIA BEACH, VIRGINIA: 70 71 1. The Loan Commitment Deadline is hereby extended to January 7, 2017. 72 73 2. The City Manager is hereby authorized to execute such documents as are 74 necessary to document this extension, and such other terms, conditions or 75 modifications as may be acceptable to the City Manager and in a form deemed 76 satisfactory by the City Attorney. 77 1st 78 Nodotbedrby the Council of the City of Virginia Beach, Virginia, on the day 79 of , 2016. • a AS TO CONTENT: APPROVED A . • Pk SUFFICIE :01, 111.4111 . ity tanager City Attorney —_ CA13846 vbgov.com\DFS I ApplicationslCityLawProdcycom32Wpdocs,D025\P02 I\00329166.docx R-1 October 25, 2016 UsM United States Management September 26, 2016 Attachments United States Management, LLC(USM) Virginia Beach Arena Disclosure Statement Form 1. Applicant Disclosure A. USM Manager, LLC(100%) Key USM Officers: a. Edward S.Garcia, Chairman* b. Andrea M. Kilmer, President and CEO c. Michael F. Gelardi,Vice President d. Joseph E.Gelardi,Vice President e. Joshua D. Kellam,Vice President f. Valerie L.Wilkinson,CFO g. Brittany M.Jeffries,Assistant Secretary and Treasurer\ *Denotes controlling member 2. Services Disclosure The Virginia Beach Arena Project Team composition is listed below. An individual contract has been finalized with S.B. Ballard Construction Company.This list is by no means comprehensive,as USM intends to make reasonable efforts to utilize SWAM and minority businesses in support of City of Virginia Beach goals and any such contracts may not be negotiated until modifications to the final development agreement have been approved. A. Accounting Firm: E. Attorney/Legal Services Wall, Einhorn &Chernitzer, P.C. Greenberg Traurig, LLP Wilks,Alper& Harwood, P.C. B. Architect& Engineers: McGuireWoods Clark Nexsen Kaufman &Canoles AECOM C. Construction Firm: S.B. Ballard Construction Company D. Source of Financing: B.C. Ziegler, Investment Bank Page 1 of 1 United States Management, LLC• 3333-24 Virginia Beach Blvd. •Virginia Beach,Virginia 23452 z City of Vii--- iriia I leach ek ,,,''--. ,,-i is0 Op OUR NATN"N VBgov.com JOHN E.UHRIN PHONE: (757)200-7005 COUNCILMAN-DISTRICT 6-BEACH JUHRIN @VBGOV.COM Refer to File No. 0059215 November 1, 2016 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on a resolution granting a sixty day extension to obtain a loan commitment for the arena. 2. The arena project could increase demand for hotel rooms in the Resort Area, and the project agreement also contemplates a temporary increase in the hotel tax. 3. I am an employee of Burlage Management Corporation, which is located at 801 Atlantic Avenue in Virginia Beach. Burlage Management Corporation owns hotels in the Resort Area. 4. I am a member of a business, profession or occupation, namely Resort Area hoteliers. To the extent the approval of this transaction may affect the business of hotels in the Resort Area, all members of this profession may be affected by the transaction. 5. Although the City Attorney has advised me that with respect to this transaction, any benefit or detriment to Burlage Management Corporation is speculative and 215 ATLANTIC AVENUE, VIRGINIA BEACH,VIRGINIA 23451 Mrs. Ruth Hodges Fraser -2- November 1, 2016 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) therefore the Act provides that I may participate in this transaction without restriction, I nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2-3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sine ly, Jo E. Uhrin C ncilmember JEU/RRI r- A E4 - r. a� *434.IY 4 44 44 d C1/ of Virginia Beach yd 4%, OUR NAS'° ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY AT-LARGE FAX (757)385-5669 Refer to File No. 0059214 November 1, 2016 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on a resolution granting a sixty day extension to obtain a loan commitment for the arena. 2. The arena project could affect nearby property and could impact the marketability and value of such properties, which could potentially impact real estate service providers, including Berkshire Hathaway HomeServices Towne Realty ("Berkshire Hathaway"). 3. I am a real estate agent affiliated with Berkshire Hathaway, and I have a personal interest in the company because I receive commissions from the company. The only income I receive from Berkshire Hathaway is my own commissions from my own sales. 4. I personally have no current real estate listings in the immediate vicinity of the proposed arena project. Likewise I am not aware of, and am not currently pursuing, any potential future listing in the immediate vicinity of the proposed arena project. 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451 Mrs. Ruth Hodges Smith -2- November 1, 2016 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) 5. I am a member of a business, profession or occupation, namely real estate service providers, the members of which may currently or at some point in the future be involved in the marketing and sale of property in the vicinity of the arena. To the extent the approval of this transaction may affect property values in the immediate vicinity of the arena project and therefore affect sales commissions, all members of this profession may be affected by the transaction. 7. Although the City Attorney has advised me that with respect to this transaction, any benefit or detriment to Berkshire Hathaway is speculative and therefore the Act provides that I may participate in this transaction without restriction, I nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2- 3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, 0,--6/'7-'-t-''--) , 1,,,c_t-e-cj,-- Rosemary A. Wilson Councilmember RAW/RRI o`` - i �3 �i�y of Vires;iriia I beach 6 OF OUR NP VBgov,corn JAMES L.WOOD PHONE: (757)340-8411 COUNCILMAN-DISTRICT 5-LYNNHAVEN FAX (757)340-2082 jlwood@vbgov.com Refer to File No. 0059216 November 1, 2016 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on a resolution granting a sixty day extension to obtain a loan commitment for the arena. 2. The arena project could affect nearby property and could impact the marketability and value of such properties, which could potentially impact the value of real estate in the vicinity of the arena. 3. I have an ownership interest in 603/605 22nd Street, L.L.C. and 609/607 22nd Street L.C. The principal office address for both companies is 208 Ash Avenue, Suite 101, Virginia Beach, VA 23452. 3. 603/605 22nd Street, L.L.C. owns property located at 603 and 605 22nd Street; 609/607 22nd Street L.C. owns property located at 607 and 609 22nd Street. All of this real property is located approximately three blocks from the proposed arena site. 208 ASH AVENUE,SUITE 101,VIRGINIA BEACH,VA 23452 Mrs. Ruth Hodges Smith -2- November 1, 2016 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) 5. I am a member of a group of more than three persons, namely persons with ownership interests in land in the vicinity of the arena project (either via direct ownership or via ownership of a company that owns the land). To the extent the approval of this transaction may affect the value of land in the vicinity of the arena project, all members of this group may be affected by the transaction. 6. Although the City Attorney has advised me that with respect to this transaction, any benefit or detriment to 603/605 22nd Street, L.L.C. or 609/607 22nd Street L.C. is speculative and therefore the Act provides that I may participate in this transaction without restriction, I nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2-3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. *cerel , Jam-. . Wood _ a , cilmember JLW/RRI 63 Item-VII-J.4 ORDINANCES/RESOLUTIONS ITEM#66479 The following individual registered to speak: Barbara Messner registered to speak. Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to CONFIRM a Declaration of a Local Emergency re Hurricane "Matthew" Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 1, 2016 1 AN ORDINANCE CONFIRMING THE DECLARATION OF A 2 LOCAL EMERGENCY 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; 13 14 WHEREAS, in response to the severe damage caused by Hurricane Matthew, 15 the City Manager, as the Director of Emergency Management, issued a Declaration of 16 Local Emergency on October 9, 2016, effective at 12:01a.m.; and 17 18 WHEREAS, citizens continue to struggle with the devastating aftermath of the 19 event, and the City continues to take actions to address the emergency. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 24 1. That, pursuant to Virginia Code § 44-146.21, the City Council hereby 25 confirms the Declaration of Local Emergency issued by the City Manager on October 9, 26 2016, a copy of which is attached hereto and incorporated by reference; and 27 28 2. That the City Council will adopt an additional ordinance during a future 29 meeting to the end the declared emergency once the City Council has concluded that all 30 necessary emergency actions have been taken. Adopted by the Council of the City of Virginia Beach on the 1st day of November , 2016. APP' e D AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Jirti # • David L. lirnsen Elizabed:. DeJarnette f City Manager's Office City Attorney's Office CA13663 R-2 October 24, 2016 DECLARATION OF LOCAL EMERGENCY I, the undersigned, as City Manager and Director of Emergency Management for the City of Virginia Beach, find the imminent threat of hurricane generated winds and rain forecasted to cause coastal flooding and the very real possibility of tornadoes and power outages, along with the loss or interruption of vital City services posed by Hurricane Matthew to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate any potential damage, loss, hardship or suffering. Therefore, pursuant 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 October 9, 2016 at 12:01 a.m.. In accordance with this Declaration, the Office of Emergency Management and all other appropriate City agencies are hereby vested with, 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. (.,... ; L. David L. Hansen, City Manager & Director of Emergency Management (Date) 64 Item -VII-J.5 ORDINANCES/RESOLUTIONS ITEM#66480 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the City Manager to EXECUTE all documents for a lease of property from the Commonwealth of Virginia at Camp Pendleton re transoceanic fiber communication cables and ESTABLISH a FY 2018 Capital Improvement Project re in-kind utilities Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 1, 2016 1 AN ORDINANCE TO (1) AUTHORIZE THE CITY 2 MANAGER TO ENTER INTO A LEASE WITH THE 3 COMMONWEALTH OF VIRGINIA FOR A 4 PORTION OF PROPERTY ON CAMP 5 PENDLETON TO LAND SUBMARINE CABLES 6 AND EXTEND TELECOMMUNICATIONS CABLES 7 TO THE CITY RIGHT-OF-WAY, AND (2) DIRECT 8 INCLUSION OF A CAPITAL PROJECT FOR 9 CONSIDERATION IN THE FY 2018 BUDGET 10 PROCESS 11 12 WHEREAS, the City of Virginia Beach Departments of Economic Development 13 and Information Technology (the "City") have been working together to bring 14 transoceanic fiber communication cables to Virginia Beach (the "Transatlantic Fiber 15 Initiative"). The first step of the Transatlantic Fiber Initiative includes landing the highest 16 capacity subsea cable ever to cross the Atlantic Ocean at Croatan Beach, located on 17 State Military Reservation - Camp Pendleton ("Pendleton"); 18 19 WHEREAS, the Commonwealth of Virginia (the "Commonwealth") has agreed to 20 execute a lease with the City (the "Lease") for the portion of Pendleton needed for the 21 cable landings and telecommunications pathway (the "Property") in exchange for the 22 City's construction of water and sewer improvements on Pendleton (the "Utilities"), 23 estimated by City staff to cost approximately $1,300,000; and 24 25 WHEREAS, the City intends to recoup the cost of the Utilities by entering into 26 subleases with third parties who will provide access to companies such as Microsoft, 27 Facebook and Telefonica, leading to the ultimate location of data centers and 28 technology-related companies in Virginia Beach in furtherance of the City's economic 29 development. 30 31 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 32 VIRGINIA: 33 34 1. That the City Manager or his designee is authorized to execute all 35 documents that may be necessary or appropriate in connection with the Lease, so long 36 as such documents are in accordance with the Summary of Terms attached hereto as 37 Exhibit A and made a part hereof and containing such other terms and conditions 38 deemed necessary and sufficient by the City Manager and in a form deemed 39 satisfactory by the City Attorney. 40 41 2. To allow City Council consideration of constructing such Utilities as part of 42 the FY 2018 budget process, City staff is directed to include a capital project in the FY 43 2018 Capital Improvement Program to provide the Utilities as in-kind consideration of 44 the Lease. 45 1st 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 47 of November , 2016. CA13845 R-1 PREPARED: 10/26/16 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d021\p022\00328554.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM gift", 6 f INFORMATION TECH 1I LOGY CITY ATTORNEY +J APPROVED AS TO CONTENT APPROVED AS TO CONTENT aft-ffisly. BUDGET & MANAGEMENT PUBLIC UTILITIES SERVICES EXHIBIT A SUMMARY OF TERMS LESSOR: Department of Military Affairs — Commonwealth of Virginia LESSEE: City of Virginia Beach PROPERTY: A portion of State Military Reservation — Camp Pendleton ("Pendleton") as needed for landing of subsea cables and laying conduit to connect to the City right-of-way. The portion includes the Croatan Beach and Parking Lot, and a Telecommunications Pathway through Pendleton, as shown on the Location Map. CONSIDERATION: a) One-time, up-front, in-kind payment of installation of water and sewer ("Utilities") on Pendleton, estimated to cost $1.3M b) The City will sublease portions of Pendleton to third parties (the "Subleases") to land the subsea cables and further run the conduit through Pendleton to the City right-of- way. Revenue received from the Subleases will be used to recoup the actual cost of the Utilities expended by the City. After the actual cost of Utilities is recouped by City, then City will pay to Commonwealth 75% of all income received from the Subleases for use of the Property. LEASE TERM: Forty (40) years ADDITIONAL TERMS: • City will prepare and keep records of all income received from use of the Property, and will submit report to Lessor annually. • Lessor will accept ownership of the Utilities upon completion, and will be responsible for all charges for utility services and all repair and maintenance. • All subleases will require prior written consent of the Lessor, which consent shall not be unreasonably withheld. • All construction shall be coordinated through the SMR-CP Commander, and whenever practical shall be limited to the months of October through March. • All financial obligations are subject to appropriation. • .. isoaa,0 1-4044,... 4•41°' Ie.* .' ' -j.:'---- < . Z <r• ' - - „, ,-",-- w,.,,,..4.t..rort, ,,Z.....•, , * a ,„„.. ,` . ,,,.... .../."-L.' - - 1 _,.... . L) t LW .1 1._. - ...... 1,. 2 ti) 2 < ,..... tn . '*-7f ci. ., A •. id. Z ili • t.- , • 2 Jr -- t 1 ?.. .....,.., 0 1 7., Z ... , . , - - it"‘ 1 t-- w -...1 / '' / / a L._ ,1 `7,--k- a , .. z 14.1 . *'i r---,/, :.,,..,1 ts„ , ..,,,,,,,„ , 7..,..,:„., , p„, , , 4 .C--` ' ...,.., / i • 1------- ' .. ,. , ,... -.74;*"''''' kr.,,,,"' ' • :, 1 ,,,s,„ . •c„,. . • '4''' 4*""4 . r%,,s'as no.-,,,,,,, ,., ,,,9.. ,, . - l' ' ' :fr''''',C•";4-..,, ..,...,,. , • ,-- ,•,. •• 4...„.. ,..,., , .„ " • 1111 ., *//404 -,..._. , .... ---"Atf),•46-6-----' . , ... - 0) 41) .. PP/ A. /1-.''' .. '' i 144-* ' ' ' W 4-' ..... .--s ki ; .4 , i (7) .,;:,,.. + , C (...) .- 46N" 1 c 2 .' 8 (0 . - I , ; 65 Item-VII-J.6 ORDINANCES/RESOLUTIONS ITEM#66481 The following individual registered to speak: Barbara Messner objects to giving City-owned property to a private developer to create additional parking for the new higher-density residential property. This property is where the jet crash happened and the City should not increase the density in this area. Mayor Sessoms advised the proposed density is actually lower than what is there now. Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned property, known as Fleming Circle, for Mayfair, Inc. re additional parking spaces DISTRICT 6 — BEACH IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned property, known as Fleming Circle, for Mayfair, Inc. re additional parking spaces(GPIN 2417694172)DISTRICT 6—BEACH The following conditions shall be required: 1. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval. 2. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and, that the Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. November 1, 2016 66 Item-VII-J.6 ORDINANCES/RESOLUTIONS ITEM#66481 (Continued) 7. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed, except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works for final approval. 8. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area(the "Permit'). 9. It is further expressly understood and agreed that prior to issuance of a right-of- way Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 10. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured/loss payee. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty-(30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachment. 11. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and,pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the First day of November, Two Thousand Sixteen. November 1, 2016 67 Item -VII-16 ORDINANCES/RESOLUTIONS ITEM#66481 (Continued) Voting: 9-0 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,John E. Uhrin and Rosemary Wilson Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: James L. Wood November 1, 2016 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A TEMPORARY 4 ENCROACHMENT INTO A PORTION OF THE 5 RIGHT-OF-WAY KNOWN AS FLEMING DRIVE 6 LOCATED ADJACENT TO 1003 FLEMING CIRCLE 7 8 WHEREAS, Mayfair Inc., a Virginia corporation ("Mayfair") desires to 9 construct and maintain 4 parking spaces(2 handicap and 2 regular)(the"Encroachment") 10 in the City's right-of-way known as Fleming Drive, located off of Birdneck Road. The 11 Encroachment would extend approximately 11 feet for a distance of 45 feet (345 square 12 feet) adjacent to 1003 Fleming Circle; and 13 14 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 15 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 16 the City's right-of-way subject to such terms and conditions as Council may prescribe. 17 18 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Mayfair and its assigns and 23 successors in title are authorized to construct and maintain a temporary encroachment for 24 4 parking spaces(2 handicap and 2 regular) extending approximately 11 feet in the City's 25 right-of-way known as Fleming Drive for a distance of 45 feet(347 square feet), as shown 26 on the map entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR MAYFAIR, INC", a 27 copy of which is attached hereto as Exhibit A and is on file in the Department of Public 28 Works and to which reference is made for a more particular description; 29 30 BE IT FURTHER ORDAINED that the Encroachment is expressly subject to 31 those terms, conditions and criteria contained in the Agreement between the City of 32 Virginia Beach and Mayfair (the "Agreement"), an unexecuted copy of which has been 33 presented to the Council in its agenda, and will be recorded among the records of the 34 Clerk's Office of the Circuit Court of the City of Virginia Beach; 35 36 BE IT FURTHER ORDAINED, that the City Manager or his authorized 37 designee is hereby authorized to execute the Agreement; and 38 39 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 40 such time as Mayfair and the City Manager or his authorized designee execute the 41 Agreement. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 s t 44 day of November , 2016. i APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUF- NCY AND FORM: PUBLI es WORKS REAL ESTATE ►. TORNEY CA13628 \\vbgov.com\DFS I\Applications\CityLawProd\cycom32\Wpdocs\D018\P022\00327637.doc R-1 October 18, 2016 2 N. BIRDNECK ROAD (90' R/W) (DB 1652, (S.H.P.B. 5G 1) PG73) L� vj ❑ (D6 1652, PG 31) 12- - POWER EASEMENT CURB & GUTTER AIto 'I 4' SIDEWALK N L i----1,7- in ,--.:Clr'l \(\ )>0 0,„ a col` \I P -zc I W m oA=ZIII (-1" o'' I z � m � .�'°0'K mz. r m o S r„ yy..�� Xp pd-p - li�)tl ; ch m 7I1 II mop ' I1 I C3. iiin IB 11 lI PROPOSED ENCROACHMENT AREA I J I 347 SF �I` ■ �� - FLEMING CIRCLE �� r:`: , ,• 11 I N W ..•. ....wool .•. \1 , \ 1:) 00 -k'Sk 11111 1, ‘ 111M011111111 11', ON z SITE DATA via!i NAD83 INST#: 20151230001241860 GPIN#: 2417-69-4150-0000 o )TH OJ Dt� I/4yper%F Y P. HUENTELMAN "d No. 038321 li o _ 40_ 80 120 9 10/5/I4 �\ _MN INN. . SIONAL SCALE: 1"=40' LAND PLANNING SOLUTIONS EXHIBIT A PROJECT NO. COV003 1403 Greenbrier Pkwy.STE.205 ENCROACHMENT DATE 5OCT16 Chesapeake,VA.23320 REQUEST DR. RLR 0 757.935.9014 F 757.935.9015 SHT. 1 of 1 www.landplanningsolutions.com FOR MAYFAIR, INC PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 19th day of October, 2016, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and MAYFAIR INC., a Virginia corporation, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot A"; as shown on that certain plat entitled: "RESUBDIVISION OF PROPERTY OF MAYFAIR, INC. (INSTRUMENT NUMBER 20151230001241860) AND LOTS 1-3 SUBDIVISION OF "THE SANDS AT BIRDNECK" (INSTRUMENT NUMBER 20151006000978930) VIRGINIA BEACH, VIRGINIA", dated February 12, 2016, and revised through July 17, 2016, prepared by Alphatec Surveyors Ltd., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20160822000745880, and being further designated, known, and described as 1003 Fleming Circle, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain 4 parking spaces, (2 handicap and 2 regular), extending approximately 11 feet into the City's right-of-way for a distance of 45 feet, containing 345 square feet (the "Temporary Encroachment"), in the City of Virginia Beach; and GPIN: (CITY RIGHT OF WAY— NO GPIN REQUIRED OR ASSIGNED) GPIN: 2417-69-4172; (1003 Fleming Circle) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of the City's right-of-way known as Fleming Drive, adjacent to 1003 Fleming Circle (the "Encroachment Area"); and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR MAYFAIR, INC" a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and 2 that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that prior to issuance of a right-of-way Permit, the Grantee must post a bond or other security, in the amount of 3 two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured/loss payee. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, the said Mayfair Inc., a Virginia corporation, has caused this Agreement to be executed in its corporate name and on its behalf by Patrick Gill, its President. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2016, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) NOTARY PUBLIC My Commission Expires: My Registration Number: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2016, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) NOTARY PUBLIC My Commission Expires: My Registration Number: 6 MAYFAIR INC, a Virginia corporation i B :Ti' Cikei (SEAL) Patrick Gill, President COMMONWEALTH OF VIRGINIA CITY I CO F-OF A/to A 6 I , to-wit: L The foregoing instrument was acknowledged before - '• ifOCilbb—PA t_2016, by Patrick Gill, as President of M. - a" In , a Virginia Corporation. M.� i 1 / (SEAL) N'i" - !,•C My Commission Expires: 7/2/h7 / 7_ My Registration Number: 1 JOANNE C. GARRETT I Notary Public Commonwealth of Virginia 202648 My Commission Expires Aug 31,2017 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM elf i 4.4.I, Il. ,'L A. BLIC ' OR'S / REAL ESTATE Y A O'NEY 7 N. BIRDNECK ROAD (90' R/W) ((S.H PSB. 5, PG t31-33) 73) _ -�� CONC o ADB 1652, PG 31) A .., `' _POWER EASEMENT CURB & GUTTER 411I Ilz Milteere"- 4SDEWALKII N oAtivtirn IilI' W= ILA'@Yo p r -P. -0,> . \\ \ -Tr, NNp iim II Coir, 110 II I IIA 1 '::' JNINIIIIP II 1PROPOSED ENCROACHMENT AREA 347 SF I I ` ' 1.11.111.11 II ■ ��.'1.i. II.11'• I �� FLEMING CIRCLE ' auN • 4 oIlLII analli"111 N 1t. 014 M SITE DATA ,�1 I NAD83 INST#: 20151230001241860 GPIN#: 2417-69-4150-0000 r ei R JEFF Y P. HUENTELMAN ,- "5 No. 038321 .m-mi..mom iii 0 40 80 120 eos2S 10/5/16 G\ mm sIONAL e SCALE: 1"=40' LAND PLANNING SOLUTIONS EXHIBIT A PROJECT NO. COV003 1403 Greenbrier Pkwy.STE.205 ENCROACHMENT DATE 50CT16 Chesapeake,VA.23320 REQUEST DR. RLR O 757.935.9014 F 757.935.9015 Q SHT. 1 of 1 www.landplanningsolutions.com FOR MAYFAIR, INC yH �, 47G N a Ei U �n Xv UJ QZ � N �S UU2 L QZ CJ 2 , / V W / Z a f 1-1 l lk r / 4, C ar E -- t w u m , O uN C C W M " co N o Q a O a \114 \I: i i i Z 2. _._ N SIRDNECK FAD ' s illii. I, . _ s2 "o, ZZ 6 FW. Qi -65d ;i 41.11A•$E4c�L o� 466 4, �- City of VIi iriia I leach S zo •Pt S OF OUR NA-tv'S VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER BUILDING 1 MAYOR 2401 COURTHOUSE DRIVE In Reply Refer to 0059210 VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms@vbgov.com November 1, 2016 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on an ordinance to authorize a temporary encroachment into a portion of City right-of-way known as Fleming Drive located adjacent to 1003 Fleming Circle. Mayfair, Inc. requested this encroachment. 2. Mayfair, Inc. has disclosed that TowneBank (via its merger with Monarch Bank) provides the corporation with financial services. 3. I have a personal interest in TowneBank, which is located at 600 22°1 Street in Virginia Beach, and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerely, illiam D. Sessoms Mayor WDS/RRI 68 Item-VII-J.7 ORDINANCES/RESOLUTIONS ITEM#66482 The following individual registered to speak: Barbara Messner spoke in OPPOSITION. Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Resolution to CONFIRM the City Attorney's appointment of Tobias L. Eisenlohr as Assistant City Attorney, effective November 7, 2016 Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 1, 2016 1 A RESOLUTION APPOINTING TOBIAS L. EISENLOHR TO 2 THE POSITION OF ASSISTANT CITY ATTORNEY 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to§ 2-166 of the City Code, Tobis L. Eisenlohr is hereby appointed to 8 the position of Assistant City Attorney, effective November 7, 2016. 9 10 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of 11 November 2016. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: Mark D. Stiles, City Attorney CA 13662 R-1 October 12, 2016 69 Item-VII-J.8a ORDINANCES/RESOLUTIONS ITEM#66483 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinances to APPROPRIATE: a. $1.4-Million to the Fire Department from FEMA re Virginia Task Force 2 Urban Search and Rescue Team deployment re Hurricane "Matthew" Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 1, 2016 1 AN ORDINANCE TO APPROPRIATE FUNDS 2 RELATED TO THE MOBILIZATION OF 3 VIRGINA TASK FORCE 2 URBAN SEARCH 4 AND RESCUE TEAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $1,400,000 in funding from the Federal Emergency Management 10 Administration is hereby appropriated, with federal revenue increased accordingly, to 11 the Fire Department's FY 2016-17 Operating Budget for costs associated with the 12 Virginia Task Force 2 mobilization for Hurricane Matthew. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of November 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: cisr iLV),fLOATh David Bradley Dana.Natrneyer Budget and Management Services City Attorney's Office CA13670 R-1 October 17, 2016 70 Item-VII-.1.86 ORDINANCES/RESOLUTIONS ITEM#66484 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinances to APPROPRIATE: b. $57,492 from the Social Services Gift Fund re various Human Services programs Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 1, 2016 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE 2 FROM THE SOCIAL SERVICES GIFT FUND FOR 3 VARIOUS HUMAN SERVICES PROGRAMS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $57,492 from the fund balance of the Social Services Gift Fund is hereby 9 appropriated, with revenues increased accordingly, to the FY 2016-17 Operating Budget 10 of the Department of Human Services to provide funds for various Human Services 11 Programs including the Holiday Project, Pennies for Prescriptions, Domestic Violence 12 Assistance and Memories and Education Milestones. Adopted by the Council of the City of Virginia Beach, Virginia on the 1st day of November 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ID9UuN6 7)__J\a* David Bradley D na-Iarm y r Budget and Management Services -City Attorney's Office CA13671 R-1 October 19, 2016 71 Item—VII-K PLANNING ITEM#66485 1. THOMAS BROWN SUBDIVISION VARIANCE 2. 1094 DIAMOND SPRINGS ROAD MODIFICATION OF CONDITIONS 3. NEW JERUSALEM CHURCH MODIFICATION OF CONDITIONS 4. VIRGINIA BEACH RECYCLING,INC. CONDITIONAL USE PERMIT 5. ANCIENT ART TATTOO STUDIO,IV CONDITIONAL USE PERMIT 6. NIMMO CEMETERY ASSOCIATION CONDITIONAL USE PERMIT MAYOR SESSOMS WILL ABSTAIN ON ITEM#4 MAYOR SESSOMS WILL ABSTAIN ON ITEM#5 VICE MAYOR JONES FILED HIS DISCLOSURE RE ITEM#6 November 1, 2016 72 Item-VII-K PLANNING ITEM#66486 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT: Items 1, 2, 3, 4(MAYOR SESSOMS ABSTAIN), 5(MAYOR SESSOMS ABSTAIN) and 6 of the PLANNING AGENDA Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 1, 2016 73 Item—VII-K.1 PLANNING ITEM#66487 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of THOMAS BROWN for a Variance to Section 4.4 (b) and (d) of the Subdivision Regulations to create two (2) new lots at 843 Muth Lane DISTRICT 2-KEMPSVILLE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of THOMAS BROWN for a Variance to Section 4.4 (b) and (d) of the Subdivision Regulations to create two (2) new lots at 843 Muth Lane (GPIN 1468531419) DISTRICT 2- KEMPSVILLE The following conditions shall be required: 1. The subdivision of the Parcel shall be substantially in accordance with the submitted Subdivision Exhibit entitled, "SUBDIVISION OF PROPERTY OF THOMAS A. BROWN LOCATED AT 843 MUTH LANE (GPIN: 1468-53-1419) (Inst. #20160222000140720) (MB. 8, P. 26)" dated April 29, 2016, and prepared by Hayden Frye and Associates, Inc. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. A final Plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 3. Legal ingress/egress for Parcels Al and A2 shall be maintained at all times, through ingress/egress easement(s), no less than ten- (10) feet in width. Said easement(s)shall be depicted and recorded on the final Plat. at Both Parcels A-1 and A-2 shall connect to the City sanitary sewer. A private Utility easement shall be depicted and recorded on the final Plat 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, First day of November, Two Thousand Sixteen. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 1, 2016 `qtr f` '\ 00 1 I 11:1* iR\ ' ( 5 • CPS: ...- , t ,,, ?''') itinoo ectpeo 111r ,f' , _i f C ,ll-i Li r-1-1----. 1r_______].., ii -41_, , 1 Ck f;:t N r ., 9(;, \t'clie _I\ s 1 1 1 IL lx.\ < < t -R , # - I, _ 1J._ 1 . .r71 11 ,,k . ------_--‘2,\ mi.BH 1 1 - , , L ,______. ----k _,..-- Illa R l S 1Lnirf1h1iI i i V-7-----? 0, �J47-- — c \\61 ----\--.....,--\_ 1J------ \\ 1 1 .. ___,.„. co < i-v\ ) ,.......... _tr_m_1 cin , 1, 1 , 1 , \ ,„ ...„,.... ...„ 1 ,......._ .....________ Il n •,-,-.,---1_ ) ------11A L_TiL _ , -,:\ fLit----hr-it-T-HITILJ___ :\ ---J L--j - - - _ 74 Item—VII-K.2 PLANNING ITEM#66488 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of 1094 DIAMOND SPRINGS ROAD for a Modification of Conditions to redevelop the site re an Animal Hospital at 1094 Diamond Springs Road DISTRICT 2-KEMPSVILLE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of 1094 DIAMOND SPRINGS ROAD for a Modification of Conditions to redevelop the site re an Animal Hospital at 1094 Diamond Springs Road (GPIN 1468384531) DISTRICT 2- KEMPSVILLE The following conditions shall be required: 1. When the property is redeveloped, other than the note regarding the replacement of the existing freestanding LED sign, it shall be in substantial conformance with the Exhibit entitled, "Preliminary Site Plan for Sajo Farms Veterinary Clinic Addition at 1094 Diamond Springs Road, Virginia Beach, Virginia," prepared by Land Design and Development, Inc., dated August 11, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. 2. When the building is constructed on the site, it shall be in substantial conformance with the Exhibits entitled, "Hope Springs Veterinary at Sajo Farm,"prepared by Andre Marquez Architects, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning. 3. In the event the existing freestanding sign is replaced, any new freestanding sign shall be a monument-style sign, with a design that matches the building in Condition No. 2 above, in terms of color scheme and materials. Said sign shall meet all applicable Zoning Ordinance requirements and shall be submitted to the Planning Director for determination of compliance with this standard prior to the issuance of a Sign Permit. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, First day of November, Two Thousand Sixteen. Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 1, 2016 Frd) '_\ 1'\ r t , .rter....„, , -iii •f 1"�� - kt D- „,,..., ` '"', ,--' ___\ ,_,:. ,_„, 0 , ,,,k ,;.„,. „,„, ...., ----\e_-, \'':--:-::r: C4-..------1'.",_\ ''' \ \-- 1 i`'I S f I' lr S 1111 ,1 � � 4j IT 1\20 \ „...,1 \'' k,.-- Ilk mri Ce N>90 Ili , ; Ok :‹x. J., "it r0.0._ . r . \ ,,,,cc ,i, • \ce 9 12 › 0 . . ,_.--,-1 '.6*Liklik,„</.2,. - \,,, 4 IIP'11'' ,11"1 v____Jr ,-.3 e rl ‘ , --, . , .,„V it c..„.1 o ,,L.01),,,,' - . \.,..7 a I, is->°, 411:--\ \-0-1 Afg, ' ', ti y 4f f~ _/� re N,40 c•jR '''' i/ 1r C 4C .: ., - es / .------- <-, \<.. r * ; er'.- 64 / r y, C7 0 ,../ N s � Lam- '1,.C‘ / "tir 4�� r`-, 75 Item—VII-K.3 PLANNING ITEM#66489 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED and CONDITIONED, BY CONSENT: Ordinance upon application of NEW JERUSALEM CHURCH for a Modification of Conditions re parking to improve an existing parking area at 118 Bishop Thoroughgood Avenue DISTRICT 6-BEACH IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of NEW JERUSALEM CHURCH for a Modification of Conditions re parking to improve an existing parking area at 118 Bishop Thoroughgood Avenue (GPINs 2417535550, 241 753 645 7, 2417535356, 2417534482, 2417536413 and 241 7535389) DISTRICT 6—BEACH The following conditions shall be required: 1. The site shall be developed in substantial conformance with the submitted Plan, "Concept Plan, Proposed Parking Lot for New Jerusalem Church, Virginia Beach, Virginia,"prepared by Gallup Surveyors&Engineers, and dated June 30, 2016. 2. The Applicant shall submit a Photometric Plan for review and approval by the Virginia Beach Planning Department. All fixtures shall be of an appropriate height and design so as to prevent any direct reflection or glare towards adjacent uses and City streets. Lighting should be directed down at the ground and not horizontally or up in the air. 3. As provided for by Section 221(i) of the City Zoning Ordinance and upon a finding by the City Council that good cause has been shown and there will be no significant detrimental effects on surrounding properties, the deviations from the required yard setbacks by the two existing buildings located on the site are deemed appropriate. This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, First day of November, Two Thousand Sixteen. Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 1, 2016 \ \/ \ N. \ <•• , • / N e •) 4 lit Nk fil 0* /7c‘ G 4141.\ Ne z lb, #00 \\\. / Lo 61 ,,> ILO WI wile? ii: 47.46\9k!te,,,s, \\'\\\ :\/ it Nall N W N no\11 0 \ V \ \ \\*\\ f 0 Nn •° zZ\> <?, Lq Ce NJ I/7> -±j ) 0 / / .. A 76 Item—VII-K4 PLANNING ITEM#66490 The following individual registered to speak: Barbara Messner spoke in OPPOSITION. The Agenda stated the request is regarding solid waste recycling. Ms.Messner wonders how close it will be to other businesses. Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED and CONDITIONED, BY CONSENT: Ordinance upon application of VIRGINIA BEACH RECYCLING, INC. and BENJAMIN ROD and MICHAEL V. RODRIGUEZ for a Conditional Use Permit re solid waste recycling at 2544 and 2552 Aviator Road(West Oceana)DISTRICT 3—ROSE HALL IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of VIRGINIA BEACH RECYCLING,INC. and BENJAMIN ROD and MICHAEL V. RODRIGUEZ for a Conditional Use Permit re solid waste recycling at 2544 and 2552 Aviator Road (West Oceana)(GPINs 1495868669 and 1495962583) DISTRICT 3—ROSE HALL The following conditions shall be required: 1. Except as modified below, the site shall be developed in substantial conformance with the submitted Plan, "Conceptual Site Plan Exhibit, Tidewater Green, Virginia Beach, Virginia,"prepared by WPL, and dated June 30, 2016. 2. Fencing for the site shall not be located within the required thirty (30)foot front yard or within any of the drainage and maintenance easements dedicated to the City of Virginia Beach, as shown on the Plan referenced in Condition No. 1 as well as the submitted Site Survey, "Survey Exhibit, Lot-1 and Lot 12, Oceana South Industrial Park,"prepared by WPL, and dated June 28, 2016. There shall be no barbed-wire, razor-wire or similar installed on the fencing. 3. A Category IV Landscape Buffer shall be installed along the eastern side of the site. Said buffer shall not be installed within the drainage and maintenance easements referenced in Condition 2. 4. The building on the site, labeled as "Office/3-Bay Repair Shop" on the Plan referenced in Condition No. 1, shall substantially adhere to one of the two submitted elevation drawings, labeled as "Virginia Beach Recycling - Office and Repair Shop Building 1 (and Building 2)."The exterior building materials shall be as specified on the drawings, except that the exterior material for the first floor level shall consist of brick or split face block on the front façade and on at least 25 percent(25%)of the side facades. 5. The structure on the site, labeled as "Shingle/C&D Building (C&D Area)" shall substantially adhere to the structure shown on the submitted photographs, labeled "Virginia Beach Recycling-Shingle/C&D Building." November 1, 2016 77 Item—VII-K.4 PLANNING ITEM#66490 (Continued) 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 First day of November, Two Thousand Sixteen. Voting: 9-0 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,John E. Uhrin and Rosemary Wilson Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: James L. Wood November 1, 2016 CNA I ,.... ...• -. ._ -, ____ ,_ • _ ,. , .., 4, Immr...), .t, Lel ! N , t, , N 0 I ..... I N N. Ca 1 CO Ce 11:, .... X . Nil i r___ , 0 , * c1 io, * /• alp at Ed '` ,________-----------'i •I: II ID .J. ---21 C 'IP 11 • ____Cf ......„.......•+-- , ---- / 7 IN, °I Aa i --------V __-- ii +1.. In- 1 1 I. r-- I II ... r, -' 8, ri ,--- r_ I i itt i L.._ ,- 1 '1 t--- - I II 1 m 4d r---' i I •lit "CI' 1 I il ..... .-." 1 I I I " L 1 ii a , 1 iii --_____1 ..._- ___---. awl 11 ir---7 4, • r- - . '----J aw LO-7 0 il *** hull r I 4 111• it In ir..a I 1 A lialt ,--------7, Ull 1 tt, --) : I \-31000 ri.--- 1 A 11 i Y 1,.......1 __., , I L 7 1111 t.;( 1 1%1' mg. .---' . i 1 1 7 NNT * .,. -1 ;11 1 N, \ (4.\' 110S \ 11 ,--._ .„1 it I me ----imm-----I \o-- \ N. . I I, fl / LJ 1 --------, ii . \ . N....._,,, t ) ------_ i 11 0, ..A:4 ------ : \, -___ 's\\\ .,, I "75,-\ —/ - . 1 / , i ) 1 /I , _ .___ , _ , . -. GANIA*BE4, .1ti4` Lit L 0 ,; City of Virginia Beach - r 4-, °4- -SOF OUR NAI1014 `' VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE In Reply Refer to 0059211 VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 November 1, 2016 wsessoms@vbgov.com Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Virginia Beach Recycling for a Conditional Use Permit for property located at 2544 and 2522 Aviator Drive and owned by Benjamin Rod Rodriguez and Michael Rodriguez. 2. The property owners have disclosed that TowneBank is a financial services provider with respect to the property that is the subject of this application, and the applicant has disclosed that TowneBank (via its merger with Monarch Bank) provides the applicant with financial services. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach, and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerely, i)/6I(11/""--- William D. Sessoms Mayor WDS/RRI 78 Item—VII-K.5 PLANNING ITEM#66491 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED and CONDITIONED, BY CONSENT: Ordinance upon application of ANCIENT ART TATTOO STUDIO IV, LLC and VILLAGE ASSOCIATES, LLLP for a Conditional Use Permit re a tattoo parlor and piercing at 2605 Virginia Beach Boulevard DISTRICT 6-BEACH IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ANCIENT ART TATTOO STUDIO IV, LLC and VILLAGE ASSOCIATES, LLLP for a Conditional Use Permit re a tattoo parlor and piercing at 2605 Virginia Beach Boulevard (GPIN 1497642786)DISTRICT 6-BEACH The following conditions shall be required: 1. A business license for the Tattoo Parlor shall not be issued to the Applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of Tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any onsite signage for the Tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a Sign Permit. 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 First day of November, Two Thousand Sixteen. November 1, 2016 79 Item—VII-K.5 PLANNING ITEM#66491 (Continued) Voting: 9-0 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,John E. Uhrin and Rosemary Wilson Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: James L. Wood November 1, 2016 . . . . 1.-- 1 E .s - r "a ___. ____,... £3 Le- "1 0 El° T-------------1 a ic I 13 \ ----7-\ 01 o F---1 1 Cill > - e- / j ' In 0 INS 0 ---1 L ,...._, _____....... . ......— a,.. `'' - '-' GBApins --v3 ,- : N ii i, wo ". UA T i ( ,„ ' -----\\ ", cr.,: I , = , co 03 i I . .--f. . ..,. , I CNI 14' ,---' mg- i 417 I 411CP . ....„... 1 I 0 •-- ift3- .. . _____ ---- , '-'•-. ..,,: f ., .......... ,. ... - . ...... 1. ' -:- '-' _ ........-..- ttC".... ..- ,..., . 2 ... . .,... , . �rl�rr. .00101.11111111111110. 460 City of of Vir irnia71 I beach 14. IP S 5OF OUR NA10 VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 In Reply Refer to 0059212 FAX(757)385-5699 wsessoms@vbgov.com November 1, 2016 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Ancient Art Tattoo Studio IV, LLC for a conditional use permit for property located at 2605 Virginia Beach Boulevard and owned by Village Associates, LLLP. 2. The property owner has disclosed that TowneBank is a financial services provider with respect to the property that is the subject of this application. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach, and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerely, katei' William D. Sessoms Mayor WDS/RRI 80 Item—VII-K.6 PLANNING ITEM#66492 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED and CONDITIONED, BY CONSENT: Ordinance upon application of NIMMO CEMETERY ASSOCIATION for a Conditional Use Permit re Columbarium at 2200 Princess Anne Road DISTRICT 7—PRINCESS ANNE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of NIMMO CEMETERY ASSOCIATION for a Conditional Use Permit re Columbarium at 2200 Princess Anne Road(GPIN 2414054907)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. The location of the Columbarium shall be as depicted on the Plan, entitled, "Proposed Site Layout," which has been exhibited to the City Council and is on file in the Planning Department. 2. Consistent with the recommendations of the Historical Review Board, the design and materials shall be as reported with the Certificate of Appropriateness. This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the First day of November, Two Thousand Sixteen. Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood Vice Mayor Jones filed Disclosure Letter November 1, 2016 \ \ r\\\•\ - 8 ‘S, 4; '\\ \ s , \ V a% .„\. \ \\ \\\ \ \:S\‘‘.-.:.-:‘,:',.•s. \ ' \ , \\::\ \\\\''''-', ' , s -' m>,,\'-\\\ \\,,•\\,\,\\, ,,,,' \ .: ,, , .,.. ' \./ \,\N :,,,‘\\:,.,s' : :\• -,,,,,, - s \ , ‘ ,c' - \ \ , /„ \\,,, \ .4\ f__ : \ s ,4. \ \ ...../....., . , 4 \.\\.• :op \\\\' M. N \ - S‘ffik No \\,\ \ t ...... .. , •,.... .. . v\UVII \ \C \ IP. %.11‘ ,... „.. ..•- , ,. \ . •'., - \\\ 14. . .., ` \ N. --' ' _. .,_ -41110 \ 1-. - w- ” -v.....\\:, \ \\ ,00...\„ , ` �� 5 �4 city of Vii iriia I94 ;each 4- 0 S OF OUR NAS'foN LOUIS R.JONES PHONE: (757)583-0177 VICE MAYOR FAX (757)588-4659 Refer to File No. 0059213 November 1, 2016 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(H), Code of Virginia, I make the following declarations: 1. I am executing this disclosure regarding City Council's discussion and vote on the application of Nimmo Cemetery Association for a conditional use permit for property it owns at 2200 Princess Anne Road. 2. Hollomon-Brown Funeral Home, Inc. owns property located adjacent to the property that is the subject of this application. 3. I have an ownership interest in Hollomon-Brown Funeral Home, Inc. The company's corporate headquarters are located at 8464 Tidewater Drive, Norfolk, Virginia. 4. I am a member of a group of three or more persons—property owners whose properties are located adjacent to or across from 2200 Princess Anne Road—the members of which may be affected by this transaction. 5. I am able to participate in this discussion fairly, objectively and in the public interest. 1008 WITCH POINT TRAIL,VIRGINIA BEACH,VA 23455-5645 Mrs. Ruth Hodges Smith -2- November 1, 2016 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, ? , Ly VL - ouis R. Jon Vice Mayor 41,_/ LJR/RRI 81 ITEM VII-L APPOINTMENTS ITEM#66493 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: HEALTH SERVICES ADVISORY BOARD TOWING ADVISORY BOARD November 1, 2016 82 ITEM VII-L APPOINTMENTS ITEM#66494 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: BILLY VAUGHAN Four year term 11/01/2016—9/30/2020 and MICHAEL L. CULLIPHER—EX OFFICIO AGRICULTURAL ADVISORY COMMISSION Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 1, 2016 83 ITEM VII-L APPOINTMENTS ITEM#66495 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: ROBERT"BOB"THORNTON—Planning Commission Two year term 11/01/2016-10/31/2018 BARRY FRANKENFIELD-Staff Liaison and REAPPOINTED: WILLIAM D.ALMOND- Landscape Architect ROBERT EDWARD BOURDON-Attorney CHRISTYEVERETT—Chesapeake Bay Foundation WAYNE McCOY—Environmental Scientist EMILY STEINHILBER—Environmental Consultant One year term 11/01/2016—10/31/2017 JASON BARNEY-Environmental JOSHUA D. CLARK—Tidewater Builders Association KAREN FORGET—Lynnhaven River NOW KENNETH D. JOBE—Beaches and Waterways Commission ROBERT S.MILLER—Civil Engineer Two year term 11/01/2016—10/31/2018 JUNE BARRETT-McDANIELS- Civil Engineer JEANNE EVANS-COX—Central Business District Association CAPTAIN JOHN C.LUDFORD—Oysterman JOHN OLIVIERI— Tidewater Builders Association Three year term 11/01/2016—10/31/2019 GREEN RIBBON COMMITTEE Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 1, 2016 84 ITEM VII-L APPOINTMENTS ITEM#66496 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: GEORGE TZAVARAS—Full Member Unexpired term thru 02/28/2018 PERSONNEL BOARD Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 1, 2016 85 ITEM VII-L APPOINTMENTS ITEM#66497 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: ROBERT KREBS Unexpired term through 08/31/2017 plus three years to 08/31/2020 PUBLIC LIBRARY BOARD Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 1, 2016 86 ITEM VII-L APPOINTMENTS ITEM#66498 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: DAVID WEINER—Citizen Four year term 11/01/2016—06/30/2020 2040 VISION TO ACTION COMMUNITY COALITION Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 1, 2016 87 ITEM VII-L APPOINTMENTS ITEM#66499 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: HARRY R. PURKEY, JR. Five year term 01/01/2017— 12/31/2021 BOARD OF ZONING APPEALS Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 1, 2016 88 ITEM VH-L APPOINTMENTS ITEM#66500 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: DAVID JESTER Three year term 01/01/2017— 12/31/2019 CHESAPEAKE BAY PRESERVATION AREA BOARD Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Russ-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November I, 2016 89 ITEM VII-L APPOINTMENTS ITEM#6650/ Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: KAYASHBY—Family Member DOLORES BARTEL -Family Member PHILLIP BLACK—Interested Party DIANE JONES—Family Member Three year term 01/01/2017—/2/31/20/9 COMMUNITY SERVICES BOARD- CSB Voting: 10-0 Council Members Voting Aye.' Al. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 1, 2016 90 ITEM VII-L APPOINTMENTS ITEM#66502 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: DORCAS HELFANT BROWNING BRYAN CUFFEE -Development Authority WILLIAM D.SESSOMS,JR., -Mayor One year term 01/01/2017— 12/31/2077 HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE Voting: 10-0 Council Members Voting Aye: Al. Benjamin Davenport, Robert Al Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 1, 2016 91 ITEM VII-L APPOINTMENTS ITEM#66503 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: DR. GLENN CARWELL BERNICE POPE Three year term 01/01/2017-12/31/2019 HISTORIC PRESERVATION COMMISSION Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 1, 2016 92 Item -VII-O ADJOURNMENT ITEM#66504 Mayor William D. Sessoms, Jr., DECLARED the City Council ADJOURNED at 6:23 P.M. al_af,d111; 7/1" Amanda Finley-Barnes, MMC Chief Deputy City Clerk th Hodges raser, MMC William D. Sessoms,Jr. City Clerk Mayor City of Virginia Beach Virginia November 1, 2016 93 OPEN DIALOGUE Matt Tonnalson, 2017 Grandon Loop Road, did not respond. Ken Chord, 3536 Clubhouse Road, Phone: 340-6829, advised he is looking forward to the upcoming local Election and will be casting his ballot to get the "royalty" off of the City Council. He feels City Council has proven, time and time again, that they do not care about the citizens. Instead, the City would rather raise taxes in order to construct the buildings on the "bucket list". The City continues pushing the Light Rail agenda even though the studies do not support it. Also, the City cannot make up their mind with regard to the Arena. He assured the citizens living in the Windsor Woods area would appreciate City Council taking the money for all of the "bucket list"projects and investing it into improving the stormwater management so there will be no future or additional flooding. ADJOURNED AT 6:27 P.M. November 1, 2016