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MARCH 21, 2017 MINUTES
�amu$ 1%. Pit ti mss`? 1 5 0 tyoi ef �q �v Vf OUR Wo VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 21, 2017 Mayor William D. Sessoms, Jr., called to order the City Council Briefings on the FY2017-18 RESOURCE MANGEMENT PLAN (BUDGET) CAPITAL IMPROVEMENT PROGRAM, re INFORMATION TECHNOLOGY, in the City Council Conference Room, Tuesday, March 21, 2017, at 3:30 P.M Council Members Present: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson Out of town 2 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM INFORMATION TECHNOLOGY ITEM#66877 3:00 P.M. Mayor Sessoms welcomed Kevin Fairly, Information Services Administrator. Mr. Fairley expressed his appreciation to City Council for their continued support: FY2018 — FY2023 Information Technology OP Briefing • a O O O yam%` r7 • This is the CIP Process. An IT Investment Review Board was created to review future requests and will assist with prioritizing against new requests: CIT CIP Process • IT reviews technology initiative requests as they are submitted (throughout the year) • SharePoint site maintained to include historical submissions VBNet-Technology Initiatives-FYi8 Submittals • Collaborated with departments to estimate costs and project scope via our IT Analysts • An IT Investment Review Board has been created to review future requests and will assist with prioritizing against new requests March 21, 2017 3 CITY COUNCIL BRIEFINGS FY2017--18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM INFORMATION TECHNOLOGY ITEM#66877 (Continued) There are currently nineteen (19)projects in the Currently Programmed IT Projects: 'ru-rrently Programme IT Projects Proposed within CIP Target Funding Project Appropriated Number Project Title to Date 3-068 IT Network Infra.Replacement II 1o,164,786 3-664 Next Generation Network 5134,989 3-693 IT Service Continuity II(was 3.052) 1,000,000 3-142 Communications Infrastructure Replacement II 32,106,051 3-o95 Police Integrated Public Safety RMS 16,396,385 3-652 Telecommunications Infrastructure Replacement II 1,954,494 3-683 Maintain and Secure Corporate Data 230,000 3-657 Disaster Recovery IV Data Center Backup Power 81o,000 Business Revenue/Personal Property RACS 3-615 Implementation 3,852,000 3-610 Police Oceanfront Cameras 2,665,400 currently Programmed IT Projects Proposed within CIP Target Funding Project Appropriated Number Project Title to Date 3-638 Application Portfolio Sustainment 7oo,000 3-678 Fire Mobile Radio Repeaters 494,000 3-648 Bi-Weekly Payroll Implementation 1,456,820 3-690 Enterprise Customer Relationship Management System 3-663 Enterprise Scheduling and Timekeeping System 350,000 3-681 Electronic Procurement System 340,000 3-677 GIS Early Warning Flood Sensor Network 306,658 3-705 Human Services Client Information System II 849.810 3-119 Cable Access Infra.Replacement-Dedicated Funds 3,475.261 March 21, 2017 4 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM INFORMATION TECHNOLOGY ITEM#66877 (Continued) CITs Funded/Programmed • 19 Existing projects in the CIT/CIP portfolio • FY i8 funding programmed is$7,300,512 7 V 11. Next Generation Network increases the speed and capabilities of the City's network and will be complete in December: 110..„Aw_centAtco mplishtents- Next Generation W •�- - Network • Increases the speed and capabilities of the ci network AmerCore Infrastructure is in 1 �w place for the six super sites � ' Estimated completion of fiber construction in March . 2017 Project completion in ° ! December 2017 -3 March 21, 2017 5 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM INFORMATION TECHNOLOGY ITEM#66877 (Continued) Work will continue through 2018 on the Integrated Public Safety project: -cent Accorrrp ''" Integrated Public Safety • IT infrastructure has been provisioned • Configuration and testing underway for Computer Aided Dispatch(CAD)and Police Records Management f{• • Fire Records Management F" moved up in the project - . schedule 4. • 401. • Work continues through 2018 • d Bi-Weekly Payroll was implemented in January 2017: v--Cent AccO1r'Tp IP"• ` Bi-Weekly Payroll • Implemented in January 2017 (26 paychecks) AIN • Pays closer to date when earned. �Z c� -x_ Easier to understand for r"-- scheduling,shiftwork,Overtime and Comp Time Employ • Maximizes system capabilities Salaries and increases transparency and accountability • Positions city for future technology efficiencies March 21, 2017 6 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM INFORMATION TECHNOLOGY ITEM#66877 (Continued) There are eighteen (18)new requested projects in the CIP: CITs Requested • i8 Requested Projects for the CIT portfolio with implementation costs totaling$45,027,570 FY18 IT Requests Project Number Project Title Implementation s 3-695 Enterpnse Resource Planning System Modernization to,000,000 3 X75 Enterprise Electronic Records Management(ERM) 4279,954 Solution 3-697 City Software/Upgrade Replacement 2[432,709 3-703 Police Special Investigations Video Storage 975470 3-699 GIS Land Record Modernization 5,3,7/8 3-696 Real Estate Software Modernization 1922.564 3-709 Public Works Work Order Management System 445,223 3-609 Smart 911 204.488 3-702 Fire Emergency Crisis Management System 420.766 March 21, 2017 7 CITY COUNCIL BRIEFINGS FY20I7-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM INFORMATION TECHNOLOGY ITEM#66877 (Continued) FY18 IT Requests Project project Title Implementation Number Costs 3-707 Sheriff Inmate Video Visitation 776,003 3-700 Fire Asset Management System 567.749 3-706 Sheriff Inmate Tracking System ..036,930 3-70t Fire CAD Highway Traffic Control Integration 395.048 3-7to 9u Radio Workstations 506,:07 3-7n Mobile Device Management Solution 050.76. 3.712 on Intelligent Workstations 217.322 3-73 9u Training Workstations 602,503 3-680 ECCS Video Wall 478.445 The 21'Century Enterprise Resource Planning(ERP)System will replace the current system that has been in place for 18 years and will be obsolete in 2021. The implementation costs are approximately $10-Million: Imp,.....„1,„.„,„,,. ..r, 21st Century—Enterprise Resource Planning System Current system in place for t8 years, obsolete in 2021,reporting tool not compatible with Windows 64 bit or Office 365 "---u Enterprise. Resource Implementation beginning with:General — fNanm nl Ledger,Invoices and Payments,Purchasing, Sourcing,Contracting,Assets,Financial Projects and Reporting E-Procurement,E-Invoicing,mobile device approvals/self-service, decentralized dept. control of data for own report design and Excel compatible Implementation Costs $10,000,000 March 21, 2017 8 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM INFORMATION TECHNOLOGY ITEM#66877 (Continued) The Enterprise Electronic Records Management (ERM) Solution will ultimately replace the existing paper-based Records Management process. The implementation costs are approximately$4.2-Million: EnterpriseElectralt Management (ERM) Solution • The city lacks an enterprise , records management system • The goal is to ultimately replace existing paper-based records management processes and to T provide automated tools, interfaces,and workflows for the ability to manage the lifecycle of records digitally Implementation Costs 64 279,954 The City Software Upgrade Replacement project will bring critical software applications current. The implementation costs are approximately$21.4-Million: CitySoffware= Upgrade Replacement • The City has hundreds of mission critical software applications that 4-3*must be maintained to ensure service to citizens are not interrupted • Many applications are multiple versions behind and/or on outdated infrastructure • Every day this is not addressed our f��P security risk and technical debt / 94 0E increases Implementation '- / Costs ,43a,709 March 21, 2017 9 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM INFORMATION TECHNOLOGY ITEM#66877 (Continued) Police Special Investigations Video Storage project will replace the current system that is expected to meet capacity in FY2018 and is nearing its end of life support. The implementation costs are approximately$975,000: 1:=» Police Sp cleaTVeStiga • s Video Storage • The current storage system is expected to exceed capacity in FY18 and is nearing end of life support • Many files have required retention for up to 75 years • Newer systems are easier to use/search and have improved file management capabilities Implementation Costs $975470 The GIS Land Modernization project is closely related to Real Estate Software Modernization as they both share common workflows and processes. The implementation costs are approximately$513,000: GIS LanTRecor Modernization • This is closely related to the Real estate Software Modernization request as they r� share common work flows and processes ry' • The system must be able to produce tax and address maps used by the Real Estate Assessor Office to appraise - i property,the Commissioner of the Revenue Office to distribute bills,the --.--.-. Treasurer Office to collect Real Estate payments,and CGIS to produce Tax and Address maps Implementation Costs $513,728 March 21, 2017 10 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM INFORMATION TECHNOLOGY ITEM#66877 (Continued) The Real Estate Software Modernization was installed in 2007 and the last upgrade was in 2009. The implementation costs are approximately$1.9-Million: melommemmigpuiP R ae I1state Software Modernization • The software was installed in 2007 = •41F• '•0" and last upgraded in 2009 and is o` several releases behind "°_S._ • Funding this project will reduce manual work around activities • Modernizes the technical environment to meet current IT standards,introduce new business functions and streamline overall business operations jj Implementation «w 7 Costs $1,913,564 The current Public Works Work Order Management System is no longer supported. The implementation costs are approximately$445,000: --- Public Works WbPk e Management System • Current system is no longer supported ;op. --- • New capabilities include: • Ability to access and update work orders from the field • Ability to easily design,save and run reports on all data • Ability to provide real-time status online to both managers and customers T ;, " Implementation Costs 2445,123 March 21, 2017 11 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM INFORMATION TECHNOLOGY ITEM#66877 (Continued) Smart911 and Rave Panic Button will allow Citizens to create profiles that are available to any 911 Call Center. The implementation costs are approximately$204,000: Smart911 And Rave Panic Button • Allows Citizens to create profiles that r Allows Schools and City Departments are available to any 9-1-1 Call Center to have direct access to 9-1-i Improves Response Times Staff Assist feature provides for targeted alerts for incident Provides First Responders with management enhanced information Two-Way SMS Chat(Text)to reduce unnecessary dispatches ®�Smart911 Implementation wotecu,n M M1oos of Wee Costs pp ww.' : 488 The Emergency Crisis Management System is a highly-configurable Emergency Management software that will replace the current tool WebEOC. The implementation costs are approximately$420,000: Emergency Crisis Management System Purchase a highly-configurable Emergency Management software that will replace the current tool WebEOC �,x` WebEOC cannot interface with • fundamental systems,such as ArcGIS '- ,/•• and 9»CAD,that provide vital information during emergency events New tool will aid in the FEMA 1111112 Ij application,eligibility and reimbursement process Implementation Costs $420,766 March 21, 2017 12 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM INFORMATION TECHNOLOGY ITEM#66877 (Continued) The Sheriff's Inmate Video Visitation System is failing and impacts the State mandate of visitation. The implementation costs are approximately$776,000: Sheriff's Inmate Video Visitation System vim • Current system is failing and impacts the State mandate of visitation(6VACI5-4o-680) • Allows for two-way remote visitations • Safety and labor savings for VBSO • Possible revenue generated may reduce program costs Implementation Costs $7776,003 The Fire Asset Management System replaces the Legacy Asset Management application that tracks equipment and supplies for all First Responders out in the field. The implementation costs are approximately$567,000: Fire Asset Management System • Replaces legacy asset management / , application that tracks equipment and supplies for all firstquipment an • -� �1 out in the field • — 0 1 , ,a • Allows for greater efficiency and effective asset and supply management • Tracks equipment,tools,medications and other consumables in their usable service lifecycle Implementation \\ Costs $567,749 March 21, 2017 13 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM INFORMATION TECHNOLOGY ITEM#66877 (Continued) The Inmate Tracking and Status Monitoring will dramatically improve the monitoring of inmate location and movement. The implementation costs are approximately$1-Million: Inmate Tracking And Status Monitoring Dramatically improves monitoring ofe b € inmate locations and movement IL_. c Allows for a searchable database vs '" -` manual searches of paper and hard-book , records I - Allows staff interacting with inmates to I _ check past behavioral problems — -- • Prevents the mixing of inmates f` identified as enemies avoiding potential issues Implementation RFI E Costs $1,036,930 The Fire CAD Highway Traffic Control Integration sets traffic signals to provide right-of-way for emergency vehicles. The implementation costs are approximately$395,000: Fire CAD iigay- Traffic Control Integration Set traffic signals to provide right-of-way ,! ,�,., for emergency vehicles / r l '- , Improve emergency vehicle safety and speed response times to incidents immv • Decreases the likelihood of Public Safety vehicle collisions at intersections while Y '+1! p' . responding to emergencies p Seamless integration with existing GIS technology and new CAD functionality - Implementation Costs $395,048 March 21, 2017 14 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM INFORMATION TECHNOLOGY ITEM#66877 (Continued) The 911 Radio Workstations will fully equip six (6) 911 Call Taker/Dispatch Positions. The implementation costs are approximately$506,000: 911 Radio Workstations • Fully equips six 9-1-1 Call Taker/Dispatch Positions • Provides better logistical --1.1- supervisory oversight of Call Takers • Provides Redundancy if a position has equipment or application failure • Alleviates current shortage for call taker positions and special events t I' Implementation Costs $5o6,209 Mobile Device Management ensures only authorized users have access to City mobile devices. The implementation costs are approximately$252,000: Ipplill Mobile Device Management • Ensures only authorized users have access to City mobile devices w t • Provides protection in case of ammim."` theft or of loss to an authorized device CT ' • Protects city assets and data from r network/data security breaches Y Implementation Costs Sap,76r March 21, 2017 15 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM INFORMATION TECHNOLOGY ITEM#66877 (Continued) 911 Intelligent Workstations establishes two (2) new Dispatch positions for Fire and EMS Liaisons. The implementation costs are approximately$217,000: 911 Intelligent Workstations - • Establishes two net new dispatch positions for Fire and EMS liaisons l ; ! 1 t ° Q • Enhances interagency collaboration by having agency liaisons collocated with 911 dispatchers s • • Enables staff augmentation during • 3 .r7 special events and emergencies r Implementation TTT;;;4. Com; 4►-��, $217,322 911 Training Workstations for Career and Technical Education Center enhance technical and career education public safety programs by providing the City apprenticeship. The implementation costs are approximately$602,000: 911 Training Wornsrtafions or Career and Technical Education Center • Enhances Technical&Career - Education Public SafetyProgram by 7 - providing a City of Virginia Beach 911 apprenticeship • E4uips students t i with portable credentials to qualify for employment as 911 call takers :,; F • Creates a career pathway for employment with City of Virginia Beach public safety agencies ,. Implementation Costs $600,So3 March 21, 2017 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM INFORMATION TECHNOLOGY ITEM#66877 (Continued) The Emergency Communications Center Video Wall w16 ill provide real-time on-scene information for 911 and Command Staff The implementation costs are approximately$478,000: --- Emergency Communications Center Video Wall _ rr • Provides real-time on scene information for 911 and Command Staff • Integrates with Public Safety and facility security cameras (Schools) • Increases situational awareness to support Incident response • News and social media monitoring Implementation Costs $478,445 Master Technology Plan :::;FIZEIN; Y SERV C IEIId m To C`2 w N d c«d N d CN m Resourcing Benchmarking March 21, 2017 17 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM INFORMATION TECHNOLOGY ITEM#66877 (Continued) Discussion 3, Mayor Sessoms thanked Mr. Fairley and the entire Team for their continued hard work and dedication to the City March 21, 2017 18 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM WATER and SEWER ITEM#66878 3:36 P.M. Mayor Sessoms welcomed Peter Pommerenk, Planning and Analysis Manager, Public Utilities. Mr. Pommerenk expressed his appreciation to City Council for their continued support: CIP Budget r .; FY 2018-2o23 Department of Public Utilities i These are the City's Water Utility and Sewer Utility "Major Assets": • CIP Categories:Water Utility&Sewer Utility • Major Assets: • 411 sewer pump stations • 1,460 miles of sewer mains Department • 3o 000 sewer manholes of Public • 8 potable water pump stations • 2 raw water pump stations Utilities • 1l potable water storage tanks • 1,640 miles of water distribution pipes • PU is supported by Water&Sewer Enterprise fund through water/sewer rates&fees • Current CIP program is about s35M/year . J March 21, 2017 19 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM WATER and SEWER ITEM#66878 (Continued) These are the CIP Program Drivers: • Aging Infrastructure • Regional Sewer Consent Order CIP Program • Regulatory Compliance Drivers • Stormwater/Roadway Coordination ••Neighborhood 51%Type Projects • Capacity Enhancements roe►.wui:. This is the Six-Year CIP Program: Water Sewer Total FYIS g 15,690,00o $ 19,780,000 $ 35,470,000 FY39 s 8,415,000 s 25,300,000 s 33,715,000 Six Year CIP FY20 $ 9,195,000 $ 21,845,000 $ 31,040,000 Program — — FY21 s 9,310,000 s 20,000,000 $ 29,310,000 FY22 $ 9,185,000 $ 22,370,000 $ 30,555,000 . FY23 $12,085,000 $ 19,270,000 $ 31,355,000 • FY28-23 < 62,855,000 $225,085,000 s 187,940,0001 • March 21, 2017 20 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM WATER and SEWER ITEM#66878 (Continued) This is the FY2018-23 Sanity Sewer CIP: System Roadway& Expansion Cost Stormwat.r Participation, Opar itions& Coordination, 6.0% Support,5.5% 5.6% N.Ighborhood Proj.cts l$a% P,og,a a.y% FY 2018-23 Sanitary Evaluation& Sewer CIP Planning,s.114 This is the FY2018-23 Water CIP: • &yat.m Expansion'Cost Participation, &Rin9 4.5% InhastnAta,a, 3.3% • ,Y 2018-23fig IP • IP ^'i Roadway& 5tormwat.r Coordination, Evaluation& 49.5% Oparations& Planning,s.9% Support,8.o% Naighborhood Proj.cts/5s% Program,3.6% tt • pubic Ul&kis March 21, 2017 21 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM WATER and SEWER ITEM#66878 (Continued) "". Sewer Mains present Prior to 1110.970 Infrastructure Age auae. Water Mains present.`- i... :eeos • tiJ , nbir ievuw These are the Aging Infrastructure Issues: Aging • Increased potential for disruption to water and sanitary sewer services Infrastructure • Increased potential for impacts on public health Issues and the environment 13 r reties ttiA March 21, 2017 22 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM WATER and SEWER ITEM#66878 (Continued) These eight(8)projects represent 75%of the new CIP appropriations: 11111111..21 6-041 Pump Station Modifications V $7,970,000 5-045 Rosemont Road PhaseV Water $3,740,000 Improvements CIP _ 5-010 Lake Gaston Raw Water Transmission System Rehabilitation I f 3,210,000 equests for 6-552 SanitarySewer System Revitalization FY 3.8 Program II 3,000,000 3-151/6-151 Landstown Yard Improvements IV $2,830,000 5-5oiWaterTransmission System Upgrade Program I s 1,930,000 5-708 Resort Area Neighborhood Revitalization $1,500,000 5-121/6-121 Camp Pendleton Water/Sewer 1,300,000 ,Improvements P Ik ltliYO,' Pump Station Modifications V provides upgrades, rehabilitation, major repairs and replacements for sewer pump stations. The costs are approximately$7.9-Million: 11 e 'r -- tie.• _ 6-041 Pump Station Modifications V • FY18:$7,970,000 • Sewer pump station • Upgrades • Rehabilitation M3 • Major repairs • Replacement wti<inmm,. . March 21, 2017 23 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGE?) CAPITAL IMPROVEMENT PROGRAM WATER and SEWER ITEM#66878 (Continued) The Rosemont Road Phase V Water Improvements includes the replacement of the water main along the roadway project. The costs are approximately$3.7-Million: • FYi8:$3,740,000 • Replacement/up-sizing of a zo"cast-iron water main along the roadway project. 5-045 Rosemont - Road Phase V Water Improvements • t;v • N The Lake Gaston Raw Water Transmission System Rehabilitation I consists of security improvements, assessment of the condition of the pipeline and replacement of a flow meter. The costs are approximately $3.2-Million: • FYi8:$3,220,000 • Security improvements • Meherrin River Crossing • Pipeline condition • Pump overhauls assessments • Flow meter 5-010 Lake b replacements • Gaston Raw Water *, Transmission System Rehabilitation I 1 river iiorw March 21, 2017 24 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM WATER and SEWER ITEM#66878 (Continued) The Sanitary Sewer System Revitalization Program II is a "find-and-fix"program mandated under the Regional Consent Order. The costs are approximately$3-Million: • FY18:$3,000,000 • Find-and-fix program mandated under the Regional Consent order to repair significant sanitary sewer defects promptly •Sr ti.' 6-552 Sanitary '` Sewer System Revitalization �r'111111117.� Program II - j - �7 a.. r,sse wiu Landstown Yard Improvements IV provides a new storeroom structure as well as the renovation of the wash rack and shed. The costs are approximately$2.8-Million: • FY18:$2,830,000 • Wash rack renovation • Debris management facility • Shed 1337 renovation • New storeroom structure 5-151/6-151 Landstown Yard /10 Improvements IV .11rrr ch 21, 2017 25 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM WATER and SEWER ITEM#66878 (Continued) Water Transmission System Upgrade Program I provides renovation of the Great Neck Elevated Water tank. The costs are approximately$1.9-Million: • FY18:s 1,930,000 • Renovation of the Great Neck Elevated Water tank (under study) 5-501 Water Transmission System Upgrade Program I Resort Area Neighborhood Revitalization will provide replacement of the water distribution system in the North Lake Holly Section III. The costs are approximately$1.5-Million: • FY18:S 1,500,000 • Replacement of the water distribution system in the North Lake Holly Section III 5-708 Resort Area Neighborhood Revitalization 467F RI,,c hike-. March 21, 2017 26 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM WATER and SEWER ITEM#66878 (Continued) The Camp Pendleton Water/Sewer Improvements provides the construction of water and sewer utilities as a part of a negotiated Agreement with Camp Pendleton. This will allow for a Transatlantic Cable landing site and the easement through the base. The construction cost will be repaid by private parties through one-time and ongoing fees once the fiber optic cables are installed: • FY18:$],300,000 • Provides water&sewer service to Rifle Range on Camp Pendleton 5-121/6-121 Camp Pendleton Water/Sewer Improvements t f The Public Utilities CIP Program supports essential services to customers, addresses aging infrastructure and ensures continued compliance with the Regional Consent Order and other mandates: Public . Supports essential services to customers Utilities CIP • Addresses aging infrastructure Program • Ensures continued compliance with Regional g Consent Order and other regulatory mandates 1,13 Pubbc Mayor Sessoms thanked Mr. Pommerenk and the entire Team for their continued hard work and dedication to the City. March 21, 2017 . 27 CITY MANAGER BRIEFINGS VETERANS UNITED HOME LOANS AMPHITHEATER UPDATE ITEM#66879 4:00 P.M. Mayor Sessoms welcomed Warren Harris, Director—Economic Development. Mr. Harris expressed his appreciation to City Council for their continued support. Mr. Harris introduced Tabitha Webster, General Manager— Veterans United Home Loans Amphitheater: Veterans United Home Loans Amphitheater at Virginia Beach , Virginia Beach City Council Presentation LIVE NA NON March 2017 This is an overview of today's Agenda. The Amphitheater is going into its 22 year: Agenda -Who is Live Nation -Capital Improvements -2016 Recap -YTD Financial Summary • - 1 -Public-Private Partnership -What's New in 2017 LIVE NATION March 21, 2017 28 CITY MANAGER BRIEFINGS VETERANS UNITED HOME LOANS AMPHITHEATER UPDATE ITEM#66879 (Continued) Who is Live Nation? LIVE HAMM(11, Live Nation is the global leader for live entertainment, comprised offour global market leaders: We are theg lobal leader for live entertainment ❑Live Nation Entertainment is comprised of global market leaders Olive Nation Concerts OT9cketmaster Olive Nation Media&Sponsorship JArtist Nation _]Operate 167 venues in 7 countries ]We are the largest producer of live music events ❑produce 26,000 concert events worldwide ]75+music festivals produced globally each year ❑Every 20 minutes,somewhere in the world,there is a Live Nation event taking place L(V L NATION March 21, 2017 29 CITY MANAGER BRIEFINGS VETERANS UNITED HOME LOANS AMPHITHEATER UPDATE ITEM#66879 (Continued) Capital Improvements OVE NATION The Development Authority pays 56.5%of all agreed upon Capital Improvement Projects: What Have We Been Doing? ❑VBDA&LN work together to identify s+ 1111111111111 and plan for capital improvements to the y _ venue • ❑Lease agreement provides that VBDA ' 3,1 - casponsmp ofur56 men°tsofall 5a paid uponr capital improvements,46.5%paid for by LN ❑Since 2007,$2.3 million spent in shareable capital improvements :357.3 million VBDA 351 mdlan IN rl, �j� a.■ D Since 2007,LN has spent an uss. additional$580,000 in non shareable _ .I _ ,t .), improvements _MP Club —hake 71at3 Hospitality . vE tuna. JCraft Seer/Wine Concession Stands M�� March 21, 2017 30 CITY MANAGER BRIEFINGS VETERANS UNITED HOME LOANS AMPHITHEATER UPDATE ITEM#66879 (Continued) These are the recent "Major Accomplishments": Major Accomplishments ❑Replaced original modular Iiirir trailers I OArtist Dressing Rooms USecurity/Medical Building 1 UMerthandise Building WO. ❑Total fixed seat replacement 11 ❑Total light pole replacement ;,y M - rlrn,,,. ❑Asphalt replacement in all plazas s<..,�,M<.,..,,.,k i...," RHO ow v} AY 1 Major Accomplishments WNW u. i Mena...804N MER u '.1*~VAleq Il IJTM 11/' <a Xa4.you NATION March 21, 2017 31 CITY MANAGER BRIEFINGS VETERANS UNITED HOME LOANS AMPHITHEATER UPDATE ITEM#66879 (Continued) 2016 Recap p-r-r77-7-1( This past year, the Amphitheater held thirty-two (32)shows, three(3)being sold-out: 2016 Recap U 32 Shows U 3 Sell Outs • Jimmy Buffett&The Corral Reefer Band • Luke Bryan • Florida Georgia Line ❑Over 300,000 fans through the doors U Only amphitheater play for Bruce Springsteen&The E Street Band ❑ Generated$1.84 million in taxes and rent to the City of Virginia Beach LIVE NATION March 21, 2017 32 CITY MANAGER BRIEFINGS VETERANS UNITED HOME LOANS AMPHITHEATER UPDATE ITEM#66879 (Continued) i Why Does it Matter? '. LIVE PINION The Amphitheater has generated$26.7-Million in rent and taxes to the City: YTD Financial Summary ❑ 589 Events • 5.9 Million Fans ❑ $26.7 Million generated in rent & taxes for the City of Virginia Beach CuTpl$ed Of ground rent.Iean-b- r...license fix,City files Ga for COnflfsion..^:1'nrrrFn^^.r nnr; admissions tax WIFION March 21, 2017 33 CITY MANAGER BRIEFINGS VETERANS UNITED HOME LOANS AMPHITHEATER UPDATE ITEM#66879 (Continued) The City recouped the initial investment of$10.5-Million,plus interest by 2010: Public-Private Partnership ❑Initial Financial Investment 0510.5 Million City of Virginia Beach ❑S 7 Million LN J City of Virginia Beach recouped initial investment,plus interest by 2010 All revenue generated since 2010,pure investment income for City of Virginia Beach ❑Significant LN investment in a property we lease ❑Continued commitment to the partnership by both parties LTV E NATION NA What's New in 2017; LIVE PURIM cr, March 21, 2017 34 CITY MANAGER BRIEFINGS VETERANS UNITED HOME LOANS AMPHITHEATER UPDATE ITEM#66879 (Continued) To-date, twenty-two (22)shows have been announced for 2017: 2017 ANNOUNCEMENTS "MENE n1111111M rturW 3. 1namonmomerarremnraffsom ontremmmonemeenre anowErsmierammzEmmierim mirrrasimmemmei • 401 401^t Construction of a new production building is underway. This is the final replacement of the original modular trailers: 2017 Projects J New production bolding JFinal replacement of ong4sal modular traders JProject Budget$400,000 UVBOA$226,000 J IN$174,000 �I 1141111111111. {..„,. c N wwra.. m nrrn. tilt, Yk r.oa.tb.seraar LIVE IIMON March 21, 2017 35 CITY MANAGER BRIEFINGS VETERANS UNITED HOME LOANS AMPHITHEATER UPDATE ITEM#66879 (Continued) Concrete repairs and additional asphalt replacement is underway: 2017 Projects ❑Concrete repairs/additional asphalt replacement ❑Project Budget$135,000 ❑VEDA$76,275 CULN$58,725 - 40v. 404 SViar LIVE NATION Connectivity! 0 Expanded fan Wi-Fi throughout venue U Expanded POS coverage in the box seats ❑Expanded TM coverage for mobile ticketing ❑LN App Uln-Seat ordering through the Live Nation Application LIVE NATION March 21, 2017 36 CITY MANAGER BRIEFINGS VETERANS UNITED HOME LOANS AMPHITHEATER UPDATE ITEM#66879 (Continued) Thank You awl NANKIN Mayor Sessoms thanked Mr. Harris, Ms. Webster and the entire Team for their continued hard work. March 21, 2017 37 CITY MANAGER BRIEFINGS INTERIM FINANCIAL REPORT ITEM#66880 4:16 P.M. Mayor Sessoms welcomed Patti Phillips, Director—Finance. Ms. Phillips expressed her appreciation to City Council for their continued support: FY17 Budget t0 Actual Financial Update as of February 28,, 2017VB Finance +► ':S Today's presentation provides an overview of the past eight(8) months: Y2. Overview - 8 Months FY17 General FY17 General Fund Fund Next Steps Revenues Expenditures March 21, 2017 38 CITY MANAGER BRIEFINGS INTERIM FINANCIAL REPORT ITEM#66880 (Continued) Below is a "snapshot"of the FY2017 General Fund Revenues and Expenditures: FY17 GF Revenues &r Expenditures Thru February 28, 2017 Annual YTD Budget Actual Variance Revenues Local (83.6%of budget) $ 891.6 $ 450.8 $ (440.8) State (14.5%of budget) 154.6 61.7 (92.9) Federal (1.9%of budget) 19.8 10.9 (8.9) Total Revenues $ 1,066.0 $523.4 $ (542.6) Expenditures City Operations $ 661.1 $ 445.2 $ 215.9 City Capital Projects 26.9 18.4 8.5 School Operations and Reserve Fund 428.4 283.1 145.3 School Capital Projects 3.6 2.4 1.2 Total Expenditures $ 1,120.0 $749.1 $ 370.9 Less Amounts Funded from Fund Balance Encumbrances/Carryforwards at 6/30/16 $ 8.8 City and School Capital Projects 9.6 Waste Management Fund 10.1 Hurricane Matthew 8.7 School Reversion 16.8 Adjusted Expenditures $ 1,066.0 Revenues do not come in equally. Revenues are at 49.1%of the estimated Budget: FY17 YTD General Fund Revenues 'm:: ` • to Historic Trend at February 2., 2017 100% ----- -- •-.. YTD ACTUAL=$523.4M ANNUAL BUDGET=51,066.OM E80% E01 a• ....- 7 ea' 57.6%. To 60% .-- -15436% •: _.. i2 41.4% 441.3% -. 41.7% 49.1% m 40% 45.3 _ .._. 321% 42.5% a 32.2% 20% - - , 4.0% 9.4% 13.6% TOTAL FEBRUARY 1.3% PTD REVENUE=$40.9M 4.0% 8.1% Jul Aug Sap Oct Nov Dee Jan Fob Mar Apr nay Jun •2 yr avg Rev Trend --%of FY17 Rev Budget March 21, 2017 39 CITY MANAGER BRIEFINGS INTERIM FINANCIAL REPORT ITEM#66880 (Continued) FY17 - General Fund Revenues ► $523.4M collected as of February 28,2017(still need to coltect 50.9%) ► $11.8M greater than FY16 and 534.2M greater than FY15 ►Real Estate($8.6M), Restaurant Meat Taxes($1.OM),Human Servi ($1.5M),and Cigarette Taxes($1.4M)-General Fund Portion ► 1"half of Real Estate Taxes were due December 5, 2016 ►Total Received•$251.4M(Total Citywide-$283.3M) Business License Tax due March 1z1 2017-$46.4M Budget Total Received-$17.7M Annual Personal Property Tax due June 5, 2017- $93.6M Budget Total Received -$19.9M 2"d half Real Estate Taxes due June 5,2017 One of the most significant Revenues for the City is Real Estate which is at 52.4%of Budget: Real Estate Revenues - GF Portio February 28, 2011 - 2017 _ BUDGET`tEiEitrfi3i5r 5500 $480.0 ` $457.2 $466.4 $423.0 5440.7 5428.1 $443.6 - $400 0 $300 I % 52.4% yS200PSI' 40% $100 20% SO FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 (84.6240 (84.6240 (90.6240 (88.6240 (88.6240 (90.8240 (90.8240 —Actual Collections —YTD %of Total March 21, 2017 40 CITY MANAGER BRIEFINGS INTERIM FINANCIAL REPORT ITEM#66880 (Continued) $19.9-Million has been collected in Personal Property Taxes: Personal Property Taxes (excludes February 28, 2011 - 2017 :FAB.L.N:i.-trj` rt $100 BUDGET .:: $95.9 $93.6 $90.9 :::. $80 $78.7 $73.7 $74.7 $65.9 -- .,... - o_ - =$60 , 7.!- an a N D G 0R 3 kk d$40 . l % '..Pe [: 40% cz % % _;% 01 so $3.70 $3.70 $3.70 $3.70 $4.00 $4.00 { 0% g. FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 uActual Collections uYTD -%of Total $38.3-Million has been collected in General Sales Tax: General Sales Tax Stat.5% February 28, 2011 - 2017 `y tx (1%Local Portion) BUDGET $63.2 $61.1 100% $60 $56.4 $58.2 $51.7 I x80% $45 o % i„3.4 % 60.7< 60% i . O N u as3o 7 .6 40 i52> `o z trio 8e 515 20% SO 0% FY2011 FY2012 FY2013 FY2014 FY2015 FY2016 FY2017 uActual Collections L.eYTD -%of Total March 21, 2017 41 CITY MANAGER BRIEFINGS INTERIM FINANCIAL REPORT ITEM#66880 (Continued) Business License Tax , , ,,'l February 28, 2011 - 2017 -- I:],:g4: x art. $50 BUDGET (� E ll •. .,bbr. 544.2 $44.0 544.6 $45.3 $46.4 41i 541.3 541.1 - 1 540 .. _ ," 0 2$30 613% n % % 1 A..;% + $,o ,. , 20% SO1.'.;'i'i'.. ' L':'I 0% FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 - uActual Collections uYTD •%of Total The City continues to do well with this Tax which is a good sign that the Resort Area and hotels are doing well overall. Specifically, taxes are up 5.2%from FY2016: Hotel Room Taxes - GF Portion ( r February 28, 2011 - 2017 5% (2%of total 8%) BUDGET 'GF $6.6 $6.7 2% TO $6.2 $6 $$8 $5.9 55.5 5.4 % % 181.1 5$.a K c •6 % I% o 0 .n$4 54. 6 ..; o d V � 4 C ti I.'d - I,, > 40% o 52 20% SO E FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 .iActual Collections _.YTD -%of Total March 21, 2017 42 CITY MANAGER BRIEFINGS INTERIM FINANCIAL REPORT ITEM#66880 (Continued) Total Hotel Room Taxes fr February 28, 2011 - 2017 $35 : BUDGET 531.5 a'�. $30.6 100% '. 530 $28.7 $27.2 527.4 $25.3 . % % % 78.4 ::: 0 r. % O NU y$15 0 c Hotel Room Taxes 8%Allocation 40% 12 w `o z$10 General Fund-2% 24 T1P-5% TAP-l% • $1 per night 20% S5 j Sandbridge-6.5% • S1 per nightja , CEO TIF $500k annually LILA ll FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 i i Actual Collections .._lYTD • %of Total $28-Million has been collected in Restaurant Meal Taxes, up 3.5%from FY2016: Restaurant Meal Taxes - OS S% GF Portion Only 0.5% TIP February 28, 2011 - 2017 BUDGET ,06AIM % 0.22% (3.5%of total 5.5%) $40.4 5^' $40 $38.2 $34.0 $35.1 $36.2 I J c $32.3 80% ;=: : K 401 Ho O S10 0`m 50 , c+ FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 ...Actual Collections >. tYTD •%of Total March 21, 2017 43 CITY MANAGER BRIEFINGS INTERIM FINANCIAL REPORT ITEM#66880 (Continued) Total Restaurant Meal Taxes February 28, 2011 - 2017 BUDGET °jilt. $63.4 $64.9 Y,.{.,,'. t00% $60 $60.0 $53.3" % % % /67.6` $55.1 $56.9 $50.6 80% %f: ::: t 1 75V •o 40`t $2 y51.51.7•5.5 5.5%Allocation ci re a't $15 Gor»ii(Fund-3.5% 11P x:1.06% 20% TAP-.0 5% op,n:SPE'-:0.22% ►luluulodal :0.22% $o FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY2017 Actual 1...2YTD .%of Total Comparison of FY17 and FY16 GF February 28, 2017 YY3917 YID PY29111 Y99 _-- YAf1NNCtl I.bt•l 696661 % Mild % Mimi % • Personal Properly Tams 916 19.9 21.2 193 2)1 06 32 Corrownvotih-PPTRA 53.4 65 122 05 12.3 - - 11169 Taws 253 13.7 539 1.5.0 513 1e)0*4nulaes 5m 179 0.7 519 0.6 50.2 0.1 06 15u1100icrnsa 46.4 17.7 321 17.7 391 (0.) (031 • 54 .1 • 2,9 7.1 610 17015 • 1101er CTane tor Sen lees 17.7 lot 61.1 99 51.8 1.0 106 other 1..1 Rev 4817 45.1 26.3 509 225 30.0 1.8 79 1'oenunrealA-Manlrnance u(Roads 479 21.0 516 235 494 03 20 656111.Human Servos Rem! 313 18.0 579 Itt 62.9 (07) (39) • .sakh.Other Stale Rn awes 211 133 57.1 155 67.6 • 9edcnl Revenues 194 10.9 55.0 127 623 • Inn11 from 00K(Funds 176 8.7 49.6 82 35.1 0.1 5 1.066.0 „7 ,7141., 1 7.... 11L.1! 185 X Ild .1 17017 , 6a.•e4....1.e1..a11e.11s1e booed•.Ad •. • I March 21, 2017 • 44 CITY MANAGER BRIEFINGS INTERIM FINANCIAL REPORT ITEM#66880 (Continued) Year-to-Date Expenditures are at 66.9%of Budget: FY17 YTD General Fund Expenditures Compared to Historic Trend at February 28, 2017 100% ----ioo.e%-�--- YTD ACTUAL=S749.1M 93.• • ANNUAL BUDGET=$1,120.0M d1,g% 6-80%-- - -- - -- --- - :12 76. m 60% 45.1 -7'51.0% 'E40% nJ)% 43.4% _.. o. 2S. f 35.4% 20.7% 26.3% 20%12.5%.._/'� 18.9% TOTAL FEBRUARY 11.9% PTD EXPENDITURES=S90.4M 0% Jul Aug Sp Oct Nov Doc Jon Fab Mar Apr May Jun .-ExpnMNure Trend -o-%o1 FY17 Exp Budget Comparison of FY17 and FY16 GF Expenditures February 28, 2017 FY 2017 YID FY 2016 YTD VARIANCES Da4M Actual Variasce Actual Actual % Satan. S 280.4 S 174.5 S 106.9 S 1727 S I.8 1.0 % Fango B o rias 97.4 59.7 37.7 629 (33) (5.1) Oprntmg Evensoo 169.9 1313 38.4 119.7 11.8 9.9 Capital Outlay 9.2 7.9 1.3 65 IA 22.1 Leases 4.4 3.2 1.2 3.1 0.1 33 Debt Service 505 35.1 15.4 283 6.6 23.1 Transfers to Schools&Reserve Fund 4320 2853 1466 275.9 9.6 3.5 Transfers to Capital Projects 26.9 18.4 83 23.7 (5.3) (72.4) Transfers to ShenlfDepanocot 23.2 15.5 7.7 13.7 1.8 13.0 Transfer to Waste Management 101 6.7 3.4 3A 33 973 Transfers to Other Arras 15.0 11.2 3.8 9.0 22 24.3 Reserve for Contmgcncrs 1.1 1.1 - - $1,120.0 5749.1 S 370.9 S 719.1 S 381 4.2 Percent of Budget 66.9% March 21, 2017 45 CITY MANAGER BRIEFINGS INTERIM FINANCIAL REPORT ITEM#66880 (Continued) Below are the next steps: Next Steps March 28, 2017 April 18, 2017 May 9, 2017 Mayor Sessoms thanked Mrs. Phillips and her entire Team for their continued hard work. March 21, 2017 46 CITY COUNCIL COMMENTS ITEM#66881 4:29 P.M. Councilman Moss advised the Director of National Intelligence released the Global Trends Report, "The Paradox of Progress"shows 12%of the American public have done real well over the past two decades; however, the other 88% of the American public is in the negative. In fact, the average family has not recovered from the Recession and is still $4,000 in the negative. It is important to keep that in mind especially with the upcoming Budget proposal. March 21, 2017 47 CITY COUNCIL COMMENTS ITEM#66882 (Continued) Councilman Moss advised the Deferred Compensation Program is a very well ran and managed program. It is important that employees invest today for their retirement and the goal is increase the number of participants. March 21, 2017 48 CITY COUNCIL COMMENTS ITEM#66883 (Continued) Councilman Davenport advised Mark Leishman, a Virginia Beach Citizen, won the Arnold Palmer Golf Tournament and he offered congratulations on a job well done. March 21, 2017 49 CITY COUNCIL COMMENTS ITEM#66884 (Continued) Councilman Uhrin advised the Convention and Visitors Bureau recently sent out a survey egarding "Destination Next". Unfortunately, there was low participation. Technically, the survey ended; however, in an effort to get additional information, the survey has been extended for one more day. March 21, 2017 50 CITY COUNCIL COMMENTS ITEM#66885 (Continued) Council Lady Abbott advised she attended Seatack Elementary School's "Solution to Pollution" Summit and City Council will be receiving letters from the students with requests and proposed solutions in addressing pollution. March 21, 2017 51 CITY COUNCIL COMMENTS ITEM#66886 (Continued) Council Lady Kane advised that she, along with Tom Leahy and several members of the Public Works Department met with the group "Stop Flooding Now" and looked at drains, ditches and anything else that may impact the area. While there is still frustration, it is nice to see this group come together and start looking at solutions. The community is really putting their heads together and have had some great conversations. She is looking forward to the continue dialogue. March 21, 2017 52 CITY COUNCIL COMMENTS ITEM#66887 (Continued) Mayor Sessoms advised at the recent Hampton Roads Military and Federal Facilities Alliance (HRMFFA) meeting, Admiral Harvey advised the Military is looking for opportunities for public/private partnerships. Also, the issue of BRAC was raised and rumor has it that BRAC is coming, most likely in 2021. Admiral Harvey stated "Virginia Beach, in dealing with encroachments, is a model for the rest of the Country". March 21, 2017 53 CITY COUNCIL AGENDA REVIEW SESSION ITEM#66888 4:37 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTION 1. Ordinances to AMEND the City Code: a. §2-83-2 Funeral Leave re leave hours to include part-time employees on regular schedule b. §2-110 re Allow City Manager discretion in pay adjustments c. §2-117 re Reclassification for career progression d. §10-1 Rename Polling places: 1. Trantwood Precinct to Church of the Holy Family 2. Courthouse Precinct to Kellam High School 3. Foxfire Precinct to Wave Church 4. Pleasant Hall Precinct to Emmanuel Episcopal Church 5. Hillcrest Precinct to New Castle Elementary School e. §18-32 Precious Metal Dealers to increase Permit fee 2. Ordinance to AMEND Resort's Open Air Cafe Franchise Regulations 3. Ordinance to GRANT fourteen (14) Franchise Agreements for Open Air Cafes in the Resort Area a. Abbey Road Café 203 22nd Street h. Barclay Towers Café 809 Atlantic Avenue c. Calypso Bar& Grill 1101 Atlantic Avenue d. Dough Boys 3224 Atlantic Avenue e. Four Sails 3301 Atlantic Avenue f 23'd Street Bistro 2207 Atlantic Avenue g. Oceanhouse Waterfront 1905 Atlantic Avenue h. Luna Sea 22"d Street i. Maki Mah's 615 Atlantic Avenue j. Maki Mah's 615 Atlantic Avenue k. Neptune's Restaurant 2901 Atlantic Avenue I. Pier 23 2224 Atlantic Avenue m. Timbuktu 3107 Atlantic Avenue n. 204 Grill Café 204 22id Street 4. Resolution to AUTHORIZE and DIRECT the City Manager to IMMEDIATELY REPAY the $20—Million Transportation Partnership Opportunity Fund (TPOF) Grant to acquire acquisition of the former Norfolk-Southern right-of-way 5. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property known as Treasure Canal re a private pier at the rear of 2248 Windward Shore Drive DISTRICT 5-LYNNHAVEN March 21, 2017 54 CITY COUNCIL AGENDA REVIEW SESSION ITEM#66888 (Continued) 6. Ordinances to DONATE truck scales from the Virginia Beach Police Department(VBPD): a. Twelve (12) to the Department of Air Force Police 733d Security Forces Squadron at Fort Eustis b. Ten (10)to the Federal Emergency Management Agency(FEMA) Warehouse COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#la ITEM#16 DEFERRED TO APRIL 4, 2017 ITEM#1c DEFERRED TO APRIL 4, 2017 ITEM#le—REVISED VERSION COUNCILMAN UHRIN FILED DISCLOSURE ON ITEM#2 COUNCILMAN UHRIN WILL ABSTAIN ON ITEM#3b MAYOR SESSOMS and COUNCILMAN UHRIN WILL ABSTAIN ON ITEM#4 MAYOR SESSOMS WILL ABSTAIN ON ITEM#5 March 21, 2017 55 AGENDA REVIEW SESSION ITEM#66888 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING I. SALEM LAKES STORAGE, LLC for a Modification of Proffers and Conditions re expansion of the building and parking lot at 1980 Salem Road (Approved May 8, 2012) DISTRICT I—CENTERVILLE 2. 1508 DEDHAM, LLC and ACT PARTNERS for a Conditional Use Permit re a Craft Brewery at 2272 West Great Neck Road, #2268 DISTRICT S—LYNNHAYEN 3. ROBERT B. and DIANA C. DAVIS for a Conditional Use Permit re a Home-Based Wildlife Rehabilitation at 1804 Rainbow Court DISTRICT I—CENTERVILLE 4. SOHO LASHES, LLC and POTTER PROPERTIES GROUP, LLC for a Conditional Use Permit re a Tattoo Parlor at 1616 Hilltop West Shopping Center DISTRICT 5 — LYNNHAVEN 5. CITY OF VIRGINIA BEACH for a Modification of Conditions re a fill for a Borrow Pit at the North side of Norfolk—Southern right-of-way, West of Air Station Drive (Approved Augustl3, 2002)DISTRICT 6—BEACH MAYOR SESSOMS WILL ABSTAIN ON ITEM#1 MAYOR SESSOMS WILL ABSTAIN ON ITEM#2 March 21, 2017 56 ITEM#66889 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(0(3). • Beach District • Princess Anne 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). • Speaker Policy 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 • Council Appointee Evaluations March 21, 2017 57 ITEM#66889 (Continued) Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION at 4:49 P.M. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Ses.soms, Jr., John K Uhrin and James L. Wood Council Members Absent: Rosemary Wilson (Break 4:49 P.M. - 4:50 P.M.) (Closed Session 4:50 P.M. - 5:55 P.M.) March 21, 2017 58 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL March 21,2017 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, March 21, 2017, at 6:00 P.M. Council Members Present: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John K Uhrin and James L. Wood Council Members Absent: Rosemary Wilson Out of town INVOCATION: Reverend Beth Anderson Pastor, Courthouse Community Methodist 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 idents 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. March 21, 2017 59 Item—VI-E CERTIFICATION ITEM#66890 Upon motion by Councilman Moss, seconded by Councilman Dyer, City Council CERTIFIED THE CLOSED SESSION of THE SPECIAL FORMAL SESSION OF MARCH 14, 2017, TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfally 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: 9-0 Council Members Voting Aye: Jessica P. Abbott, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr.,John E. Uhrin and James L. Wood Council Members Abstaining: M Benjamin Davenport Council Members Absent: Rosemary Wilson March 21, 2017 60 Item—V/-E CERTIFICATION ITEM 066891 Upon motion by Council Lady Kane, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSION OF MARCH 21, 2017, 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: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Ses.soms, Jr., John K Uhrin and James L. Wood Council Members Absent: Rosemary Wilson March 21, 2017 FaMcyi 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#66889 Page 57 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby certifies that,to the best of each member's knowledge,(a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard,discussed or considered by Virginia Beach City Council. i—S6ar...a.aal ' th Hodges Fraser, MMC City Clerk March 21,2017 61 Item -VI-F MINUTES ITEM#66892 Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of March 7, 2017. Voting' 9-0 Council Members Voting Aye: Jessica P. Abbott, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms,Jr.,John E. Uhrin and James L. Wood Council Members Abstaining: M. Benjamin Davenport Council Members Absent: Rosemary Wilson March 21, 2017 62 ADOPT AGENDA FOR FORMAL SESSION ITEM#66893 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION March 21, 2017 63 Item - VI-H.l a/b/c/d/e PUBLIC HEARING ITEM#66894 Mayor Sessoms DECLARED A PUBLIC HEARING: 1. POLLING SITE CHANGES a. Trantwood Precinct to Church of the Holy Family at 1279 North Great Neck Road h. Courthouse Precinct to Kellam High School at 2665 West Neck Road c. Foxfire Precinct to Wave Church at 2655 Seaboard Road d. Pleasant Hall Precinct to Emmanuel Episcopal Church at 5181 Singleton Way e. Hillcrest Precinct to New Castle Elementary School at 4136 Darn Neck Road There being no speakers,Mayor Sessoms CLOSED THE PUBLIC HEARING March 21, 2017 64 Item - V1-Kla/b/c d/e/f/g//✓Uj/k/Um/n PUBLIC HEARING ITEM#66895 Mayor Sessoms DECLARED A PUBLIC HEARING: 2. LEASES OF CITY-OWNED PROPERTY-Cafe Franchises a. 204 Grill Cafe 204 22td Street b. Abbey Road Cafe 203 22nd Street c. Barclay Towers Cafe 809 Atlantic Avenue d. Calypso Bar& Grill 1101 Atlantic Avenue e. Dough Boys 3224 Atlantic Avenue f Four Sails 3301 Atlantic Avenue g. 23"t Street Bistro 2207 Atlantic Avenue h. Luna Sea 22th Street i. Mahi Mah's 615 Atlantic Avenue j. Mahi Mah's 615 Atlantic Avenue k. Neptune's Restaurant 2901 Atlantic Avenue 1. Oceanhouse Waterfront 1905 Atlantic Avenue m. Pier 23 2224 Atlantic Avenue n. Timbuktu Cafe 3107 Atlantic Avenue There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING March 21, 2017 65 Item - VI-LI PUBLIC COMMENT ITEM#66896 Mayor Sessoms DECLARED A PUBLIC COMMENT: MARTIN LUTHER KING,JR., HIGHWAY DESIGNATION City Manager Hansen advised this is the fi Public input on whether the City should designate a local roadway as Martin Luther King, Jr. Memorial Highway and, if so, which one. As a reminder, from December 1, 2016, until December 30, 2016, the City conducted a Virtual Town Halt There were 1,592 responses during the virtual town halt The City presented four (4) choices for consideration as well as an opportunity to provide additional thoughts. City Manager Hansen provided the attached handout depicting the proposed locations which is hereby made a part of this record. The following individuals registered to speak: Ronald Taylor, spoke in SUPPORT of the proposed Designation. Mr. Taylor advised each time he walks into the Council Chamber, he is reminded of the decisions and the history,for good and ill, that has been made here in this very room. In the Nation's history, there are only two individuals, other than past Presidents, that have a National Holiday. One is Christopher Columbus and the other is Dr. Martin Luther King: Columbus for discovering America and King for helping transform America for a lifetime. Mr. Taylor requested City Council DEDICATE Virginia Beach Boulevard to the memory of Dr. Martin Luther King,Jr. Dr. Linda Bright spoke in SUPPORT of the proposed Designation. Dr. Bright stated she hoped each member of City Council had the opportunity to view the video regarding Dr. Martin Luther King and all he accomplished. Dr. King embraced a vision that "all men are created equal" and fought to assure children could attend school,protect elders and ensure that all ethnic groups were aware of their rights, with peaceful celebration, having a dream and fearless by pursing a deliverance of that dream to all people. Tommy Cerja, student in the Legal Studies Academy at First Colonial High School, spoke in SUPPORT of the proposed Designation. "When you are right you cannot be too radical; when you are wrong, you cannot be too conservative." a quote from Dr. Martin Luther King, Jr. Mr. Cerja expressed his appreciation to City Council for their consideration on this requested Designation. During the peak of the Civil Rights Movement, Dr. King spoke numerous times in Norfolk; however, he never spoke in Virginia Beach due to the strong grasp segregation had on the City. Should the City make the dedication to Dr. King, it would serve as an apology for not choosing to create an environment that was not "welcoming"for all. The dedication would also serve as a promise to continue working toward an environment that is for all and no matter race, creed or religion, where anyone is safe in calling it home. Trojan Sexton, did not respond. D'Kyra Andrews, student in the Legal Studies at First Colonial High School Legal Studies, spoke in SUPPORT of the proposed Designation. Ms. Andrews advised this is an opportunity for the City to honor a man with great significance to the Nation's history. Dr. King was a leader, visionary and believer and this would be a great way to show the City is an environment that is welcoming to all. The dedication will stand for hope and a dream for citizens to speak and walk freely, resembling a dream very much like Dr. King's dream of equality. Antonio White, student at the Green Run Collegiate School, spoke in SUPPORT of the proposed Designation. Mr. White advised he will be attending Morehouse College, the same institution where Dr. King studied Dr. King's drive and determination helped motivate the minds of many and the souls of 'thousands. In the words of Dr. King, "Faith is taking the first step even when you can't see the whole staircase." There being no additional speakers, Mayor Sessoms CLOSED THE PUBLIC COMMENT March 21, 2017 Dr. Martin Luther King, Jr. Memorial Highway Should the City of Virginia Beach pay tribute to the late Dr. Martin Luther King,Jr by designating a local roadway as the Martin Luther King.JJr. Memorial Highway?If so which one? 12/05/16-For clarification, the City is considering designating a roadway, not renaming. in honor of Dr. King. As of December 30, 2016, 5:02 PM, this forum had: Attendees: 1886 All Responses: 1592 Hours of Public Comment: 79.6 This topic started on December 1, 2016, 5:33 PM. This topic ended on December 30, 2016, 5:00 PM. Dr. Martin Luther King, Jr. Memorial Highway 7,]4]rn C)r vg-a tilos pa,VW 11 rr a*3.4.3-X a aeg-xq xa Mae!,a vie USW u w 14'4:1eYr0lf1eaTwq+V e¢r me• Responses Choose one of the following proposed roadways (choose the one roadway you believe should be designated, or choose Other and Input your suggestion below): Count Virginia Beach Boulevard—Pacific , 9.5% 152 Avenue to Newtown Road South Birdneck Road— 1264 to ' 7.3% 117 General Booth Boulevard Independence Boulevard—Virginia 4.3% 69 Beach Boulevard North to Shore Drive Diamond Springs Road—Ne:town , 9.9% 158 Road to Shore Drive None 62.6% 997 Other 6.2% 99 City of Virginia Beach `f`"...•.Q., Mi^ Map Produced By Center for GIS November 2016 ;10. ' 0 S.,' ti 1 taw. Ilk ' r s Lapand l .. \ ....00 N..$00,9i ka .,4041:41 . Inexpandenee WC It S Brarxtl.k0 , M Ell I I I prig. - 0.0,— Wgint 8.0001.11-oe tili,,MX111,, 11 lorior 1, 1 itti To 1 . _ ,.\ . ...., \ F.,..,:.:..7.....,_........:.- it �\\__ 66 Item- VI-J ORDINANCES/RESOLUTION ITEM#66897 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED, BY CONSENT: Agenda Items la(MOSS VERBAL NAY), b/c(DEFER TO APRIL 4, 2017)/d(I/2/3/4/5)/, e(REVISED VERSION), 2, 3a/, b(UHRIN ABSTAIN)/c/d/e/f/g/h/i(j/k'/m/n, 4(MAYOR SESSOMS and UHRIN ABSTAIN), 5(MAYOR ABSTAIN) and 6/a/b Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara Al. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent' Rosemary Wilson March 21, 2017 67 Item-VI-J.I a ORDINANCES/RESOLUTION ITEM#66898 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: a. §2-83-2 Funeral Leave re leave hours to include part-time employees on regular schedule Voting: 9-1 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms,Jr.,John E. Uhrin and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Rosemary Wilson March 21, 2017 1 AN ORDINANCE TO AMEND SECTION 2- 2 83.2 OF THE CITY CODE PERTAINING TO 3 FUNERAL LEAVE 4 5 SECTION AMENDED: § 2-83.2 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 2-83.2 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and ordained to read as follows: 12 13 Sec. 2-83.2. - Funeral Bereavement leave. 14 15 A. All full-time merit employees of the city shall be eligible to receive leave with 16 pay upon the death of a member of such employee's immediate family not to 17 exceed five (6) king a_._ forty (40) hours for all full-time employees 18 except firefighters assigned to fifty-six (56) hour work weeks who shall be 19 eligible to receive leave not to exceed fifty-six (56) hours. Such leave cannot 20 be saved and used at a later date. 21 B. All part-time employees shall be granted time off with pay for the portion of 22 their regular weekly work schedule which they normally would work, not to 23 exceed forty (40) hours. 24 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 21st 25 day of March , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i• . A - -egina Hilliard Marjo( A. Smith Human Resources City Attorney's Office CA13914 R-4 March 6, 2017 68 Item-VI-J.Ib ORDINANCES/RESOLUTION ITEM#66899 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council DEFERRED to APRIL 4, 2017, BY CONSENT, Ordinance to AMEND the City Code: h. §2-110 re Allow City Manager discretion in pay adjustments Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson March 21, 2017 69 Item-VI-J.l c ORDINANCES/RESOLUTION ITEM#66900 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council DEFERRED to APRIL 4,2017,BY CONSENT, Ordinance to AMEND the City Code: c. §2-117 re Reclassification for career progression Voting.' 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson March 21, 2017 70 Item -VI-I..ld(1/2/3/4/5) ORDINANCES/RESOLUTION ITEM#66901 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: d. § 10-1 Rename Polling places: 1. Trantwood Precinct to Church of the Holy Family 2. Courthouse Precinct to Kellam High School 3. Foxfire Precinct to Wave Church 4. Pleasant Hall Precinct to Emmanuel Episcopal Church 5. Hillcrest Precinct to New Castle Elementary School Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson March 2/, 2017 1 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY 2 CODE TO RENAME THE POLLING PLACE FOR THE 3 TRANTWOOD, COURTHOUSE, FOXFIRE, PLEASANT 4 HILL, AND HILLCREST PRECINCTS 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 9 Section 10-1 of the City Code is hereby amended and reordained to read as 10 follows: 11 12 Sec. 10-1. Establishment of precincts and polling places. 13 14 There are hereby established in the city the following precincts and their 15 respective polling places, as set forth below: 16 17 Precinct Polling Place 18 19 Alanton Alanton Elementary School 20 Aragona Bayside Sixth Grade Campus 21 Arrowhead Arrowhead Elementary School 22 Avalon Woodstock Elementary School 23 Baker Ebenezer Baptist Church 24 Bayside Bayside Elementary School 25 Bellamy Salem Middle School 26 Blackwater Blackwater Fire Station 27 Bonney Discovery Church 28 Brandon Brandon Middle School 29 Brookwood Plaza Annex 30 Buckner Green Run Baptist Church 31 Cape Henry Research and Enlightenment Building (Edgar 32 Cayce Library) 33 Capps Shop Back Bay Christian Assembly 34 Centerville Centerville Elementary School 35 Chesapeake Beach Bayside Baptist Church 36 Chimney Hill Congregation Beth Chaverim 37 College Park College Park Elementary School 38 Colonial Colonial Baptist Church 39 Colony Lynnhaven Colony Congregational Church 40 Corporate Landing Corporate Landing Middle School 41 Courthouse 42 Kellam High School 43 Creeds Oak Grove Baptist Church 44 Cromwell Salem United Methodist Church 45 Culver Ocean Lakes High School 46 Dahlia Green Run High School 47 Dam Neck Corporate Landing Elementary School 48 Davis Corner Bettie F. Williams Elementary School 49 Eastern Shore Eastern Shore Chapel 50 Edinburgh St. Aidan's Episcopal Church 51 Edwin Kempsville Middle School 52 Fairfield Kempsville Presbyterian Church 53 Foxfire - - - - •= ' = `= • • = - - 54 Wave Church 55 Glenwood Glenwood Elementary School 56 Great Neck All Saints Episcopal Church 57 Green Run Green Run Elementary School 58 Haygood Haygood United Methodist Church 59 Hillcrest 60 Church 61 New Castle Elementary School 62 Holland Holland Elementary School 63 Homestead Providence Presbyterian Church 64 Hunt Princess Anne Recreation Center 65 Independence Water's Edge Church 66 Indian Lakes Indian Lakes Elementary School 67 Indian River San Lorenzo Spiritual Center 68 Kings Grant St. Nicholas Catholic Church 69 Kingston King's Grant Presbyterian Church 70 Lake Christopher New Covenant Presbyterian Church 71 Lake Joyce Morning Star Baptist Church 72 Lake Smith Bayside Church of Christ 73 Landstown Landstown Community Church 74 Larkspur St. Andrews United Methodist Church 75 Lexington Larkspur Middle School 76 Linkhorn Virginia Beach Community Chapel 77 Little Neck Lynnhaven United Methodist Church 78 London Bridge London Bridge Baptist Church 79 Lynnhaven Cape Henry Church 80 Magic Hollow Virginia Beach Moose Family Center 81 Malibu Malibu Elementary School 82 Manor Providence Elementary School 83 Mt. Trashmore Windsor Woods Elementary School 84 Newtown Good Samaritan Episcopal Church 85 North Beach Galilee Episcopal Church 86 North Landing Hope Haven 87 Ocean Lakes Ocean Lakes Elementary School 88 Ocean Park Bayside Community Recreation Center 89 Oceana The Gathering at Scott Memorial United 90 Methodist Church 91 Old Donation Calvary Baptist Church 92 Pembroke Pembroke Elementary School 93 Pinewood Lynnhaven Presbyterian Church 94 Plaza Lynnhaven Elementary School 95 Pleasant Hall • • - 96 Emmanuel Episcopal Church 97 Point O'View Kempsville Church of Christ 98 Red Wing Fraternal Order of Police, Lodge #8 99 Rock Lake Salem Elementary School 100 Rosemont Forest Rosemont Forest Elementary School 101 Roundhill Salem High School 102 Rudee Virginia Beach Volunteer Rescue Squad 103 Building 104 Seatack Mount Olive Baptist Church 105 Shannon Church of the Ascension 106 Shelburne Christopher Farms Elementary School 107 Shell Unity Church of Tidewater 108 Shelton Park Shelton Park Elementary 109 Sherry Park St. Matthews Catholic Church 110 Sigma Red Mill Elementary School 111 South Beach Contemporary Art Center of Virginia 112 Stratford Chase Community United Methodist Church 113 Strawbridge Strawbridge Elementary School 114 Tallwood Tallwood Elementary School 115 Thalia Thalia Elementary School 116 Thoroughgood Independence Middle School 117 Timberlake White Oaks Elementary School 118 Trantwood 119 Church of the Holy Family 120 Upton Three Oaks Elementary School 121 Village Thalia Lynn Baptist Church 122 Windsor Oaks Windsor Oaks Elementary School 123 Witchduck Bayside Presbyterian Church 124 Wolfsnare Virginia Beach Christian Life Center 125 Central Absentee Voter AgricultureNoter Registrar Building 126 Precinct Adopted by the City Council of the City of Virginia Beach, Virginia, on this 21st day of March , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: na Pa erson Dana Harmeyer 1 2--' Voter Registrar City Attorney's Office CA13948 R-1 February 28, 2017 Proposed precinct change for 009- Trantwood Shotehaven U10 NLII u I ,1 Church of he Holy Famil rt attlt.'a,a,d "hole, l.14.at N..I. 4..Mutual U.tk. - Iriui l•tant Berkshire • Ly nnher Mdddk S_hoc -008 - ,: Virginia Beach-Chri sfan Church South el n 009/Trantwooit" 'l Trantve,A EMnentart Point* Sc h.01 WAVE Church N.1111 048 Wdfsria al Neck hueskorest Payr „1 •.,,,, Vellingtotlt"�4ta:ovnaeontvkav�'tt 'oods North 'ore:n ill 01 040 l.r eat ' - Neck Meadows I'Ianl.Ni r. From Virginia Beach Christian Church to Church of the Holy Family located at 1279 N Great Neck Rd., 23454 Proposed precinct change for 035- Courthouse 035 Coorthcxrse,r h 062 Voter Rep star::Office Hope Haven 099'Cennal Absente Kemps Lar 088 North Lancing 060 Foa6r 011 11 *Ke am High School 755 North•l:xrdio4'Ra� 060 may' 035 ay i • City of Virginia Bea From Courthouse Fire Station to Kellam High School located at 2665 West Neck Rd., 23456 Proposed precinct change for 060- Foxfire \\\ Vvv 085 i ..i Mill Courthouse Fire Stitor '""' Three?Daks ES \•`irginid th 035 Couroi 085 Upton Bedi h • Voter Registrars Office 099 Central Absente Kemps L nding:Old Donation School �g 060 Foxfire • • . ; *Wave Church '1111 060 • • 11 From Kemps Landing/ Old Donation School to Wave Church located at 2655 Seaboard Rd., 23456 Proposed precinct changes for 079- Pleasant Hall ,r 111.B.,pn:t Glea>>ii[HMI Aimet M,s H II 077 fid = .• . nue Episcopal Church • G.udel 053 From Kempsville Bapist Church Pleasant Hall Annex to Emmanuel Episcopal Church located at 5181 Singleton Way, 23462 Proposed precinct changes for 087- Hillcrest 058 San Lorenzo Spiritual Center 097 Indian River 54 * New Castle Elementary School Village Church 087 Hill cre.t 087 * From Village Church to New Castle Elementary School located at 4136 Dam Neck Rd., 23456 71 Item -VI-J.le ORDINANCES/RESOLUTION ITEM#66902 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, AS REVISED,BY CONSENT, Ordinance to AMEND the City Code: e. §18-32 Precious Metal Dealers to increase Permit fee Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson March 21, 2017 REVISED VERSION 1 AN ORDINANCE TO AMEND SECTION 18-32 2 OF THE CITY CODE PERTAINING TO 3 PERMIT FEE FOR PRECIOUS METAL 4 DEALERS 5 6 SECTION AMENDED: § 18-32 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 18-32 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and ordained to read as follows: 13. Sec. 18-32. - Permit required. 14 (a) No person shall engage in the activities of a dealer as defined in section 15 18-76.1, pawnbroker, junk dealer, or secondhand dealer without first obtaining a permit 16 from the chief of police. 17 (b) To obtain a permit, the applicant shall file with the chief of police an 18 application form which includes the applicant's full name, any aliases, address, age, 19 date of birth, sex, and fingerprints; the name, address, and telephone number of the 20 applicant's employer, if any; and the location of the applicant's place of business. Upon 21 filing this application and the payment of the permit fee set forth in subsection (g) of this 22 section, the applicant shall be issued a permit by the chief of police or his or her 23 designee, provided that the applicant has not been convicted of a felony or crime of 24 moral turpitude within seven (7) years prior to the date of application. Further, the permit 25 shall be denied if the applicant has been denied a permit or has had a permit revoked 26 under any statute or ordinance similar in substance to the provisions of this section, and 27 may be denied if the applicant has been a principal or associate in any partnership, 28 corporation or other business enterprise which has been subject to civil or criminal 29 penalty or any order to cease doing business issued by a federal, state, or local 30 governmental law enforcement or consumer protection agency. 31 (c) The chief of police, prior to issuance or renewal of a permit, shall 32 determine that the applicant intends to conduct business at a fixed and permanent 33 location, and shall require proof of ownership of the proposed business premises by the 34 applicant or the applicant's employer, or evidence of a valid lease of such premises held 35 by the applicant or the applicant's employer. Conduct of business from a hotel, motel, 36 temporary lodging unit or similar location shall not satisfy the requirements of this 37 section. 38 (d) No more than sixty (60) days prior to issuance of the permit required by 39 this section, the applicant must have any weighing devices used in the business 40 inspected and approved by local or state weights and measures officials and present 41 written evidence of such approval to the chief of police or his or her designee. 42 (e) This permit shall be valid until the end of the current business license year 43 and may be renewed in the same manner as such permit was initially obtained upon 44 payment of an annual permit fee. No permit shall be transferable. 45 (f) If the business of the applicant is not operated without interruption, with 46 Saturdays, Sundays and recognized holidays excepted, the applicant shall notify the 47 chief of police of all closings and reopenings of such business. The business of an 48 applicant shall be conducted only from the fixed and permanent location specified in the 49 application for a permit. 50 (g) The initial and annual permit fee shall be the amount set forth in section 51 27-3(b)(5) for a dealer as defined in section 18-76.1, and two hundred dollars 52 ($200.00) for a pawnbroker, or secondhand dealer, and fifty dollars ($50.00) for a junk 53 dealer; provided, however, that if an applicant applies for an initial or renewal permit 54 as a dealer of precious metals and gems at the same time as the applicant applies for 55 an initial or renewal permit as a pawnbroker, junk dealer or secondhand dealer, the 56 applicant need only pay the permit fee for the dealer of 57 precious metals and gems. If the chief of police refuses to issue such permit, the 58 applicant shall be notified, in writing, of the reasons for the refusal and the applicant 59 may appeal such refusal to the city council within thirty (30) days from the date of 60 such notice. 61 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 21st 62 day of March , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Chief James A. Cervera Eliz.` th =. DeJarn .e Police Department City A ttorney's Office CA13944 R-2 March 20, 2017 72 Item-V/-J.2 ORDINANCES/RESOLUTION ITEM#66903 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, Ordinance to AMEND Resort's Open Air Cafe Franchise Regulations Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson *Councilman Uhrin filed Disclosure Letter March 21, 2017 1 AN ORDINANCE TO AMEND THE CITY'S RESORT 2 OPEN AIR CAFE FRANCHISE REGULATIONS 3 4 WHEREAS, the City's current Resort Open Air Café Franchise Regulations 5 ("Regulations") apply to property adjacent to streets, the boardwalk, connector parks, 6 Atlantic Avenue, Atlantic Avenue side streets and select gateway locations west of 7 Pacific Avenue in the Resort Tourist Districts and the Oceanfront Resort District; and 8 9 WHEREAS, in 2015, the Virginia Beach City Code was amended to add the new 10 ViBe District as an arts and cultural district; and 11 12 WHEREAS, the City's Resort Advisory Commission ("RAC") recently met and 13 recommended revisions to the Regulations; and 14 15 WHEREAS, the primary purpose of the revisions is to allow open air cafés in 16 locations west of Pacific Avenue, in the ViBe District, as an added amenity for residents 17 and tourists; and 18 19 WHEREAS, the RAC desires to amend the Regulations to 1) expand the 20 category of open air cafés previously referred to as "Gateway Café" to include cafés 21 west of Pacific Avenue in the ViBe District ("WPA Cafés"); 2) prohibit live or recorded 22 music in WPA Cafés after 10 p.m.; 3) encourage bicycle parking in the Connector Park 23 Café category; 4) update the franchise fee schedule charged by the City; 5) eliminate 24 outdated references in the Regulations; and 6) make other minor revisions. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 29 That the City's Resort Open Air Café Guidelines are hereby amended to read as 30 set forth in the attached Exhibit 1, Redline of Proposed Amendments to the City's 31 Resort Open Air Café Franchise Regulations, a true copy of which is hereto attached. 32 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 21st day of March 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: carr Mike Eason Aimee Sullivan Convention and Visitors Bureau City Attorney's Office CA13941 R-2 March 8, 2017 ___------ ------- ---rn -\---\---- , • - _ _. A-i ._ r-\-----\ ' --- ' -- - 1-')--1- _ -- \ArA \ .._ ra go\ siii co-t-_-_c 0.00- Q St visis ,--- . --, ,,___, .- woo \p-A\_-TK-P1/4 r , A .,----_--_ ::-1, j' , - i,.____ I I\ \ - ------ -- _s::;3' 111.111° -:4 L-1- _-- got ,__-- c-i--A--3 k._ , , ____0 -rig ______ ___ s_ iss _144 , _-1 i . 1.11Pk\-------\ \----- V------ --1 . - ---- tAl c---- . ,„ gra L--1.-----1 ifilitoot T491111C1 ---- --'---\ pro go - 00- WO Oil W.' 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't .....- : -: ' F-Fin- 0 1 k 1 Exhibit 1 RESORT OPEN AIR CAFE FRANCHISE REGULATIONS February 1, 2017 • 1 , ,. , ,..r Ecar— -41111111r fev 7411/11 ;;/rte 44 immikh,. y Fr4. , r' v./v -jr -s t CITY OF VIRGINIA BEACH RESORT OPEN AIR CAFE FRANCHISE REGULATIONS SECTION 1. GENERAL PURPOSE Rev. I 07/10/201202 0 U 17 1. 1 The Resort Open Air Café regulations are for the RT 1.and RT 3 Reseft-Tee+rist Districts and OR Oceanfront Resort DistfietDistricts located in the resort area specifically identified as adjacent to the Boardwalk,Connector Parks,Atlantic Avenue,Atlantic Avenue side streets,and in selected Gateway locations west of Pacific Avenue. The Café Franchise Program is designed to allow and encourage outdoor cafes on the public right-of-way fronting pedestrian-oriented ways where they are appropriate,and will promote an ambiance conducive to public health, safety,general welfare,and serve as a public amenity. The goals of the program are as follows: 1.1.a To promote cafes as visual amenities which improve the appearance and pedestrian ambience of the Boardwalk,Connector Parks,and pedestrian- oriented street frontages. 1.1.b To preserve and enhance the character of the resort area and to promote the most desirable use of public property. 1.1.c To ensure that adequate clearance is maintained for pedestrians and bicyclists adjacent to cafes. 1.1.d To establish administrative and enforcement procedures for Open Air Cafes that are effective,efficient,and enforceable. 1.1.e To ensure the construction of attractive,lightweight,removable structures. SECTION 2. DEFINITIONS 2.1 Resort Open Air Café:an outdoor dining facility directly adjoining an existing restaurant in the RT-I er RI" 3 Resort Tourist Districts or OR Oceanfront Resort District,franchised to operate on public property.All facilities to be considered for this program are required to provide waiter/waitress service,from a full service menu served on non-disposable dishware,in a specific semi-enclosed café space as described herein.A franchise for these cafés will only be granted to those restaurants located on private property with 80%or more of interior space dedicated to table and chairs for sit down service by a waiter or waitress.No portion of an Open Air Café shall be used for any purpose other than dining or related circulation.Cafes must have direct access to the host restaurant.All cafes and the required adjacent/operating business shall meet all ADA requirements (including rest room facilities within restaurant).Café Categories,each with requirements specific to their locations,are described below: Re,. 2 117 Category A-Boardwalk Café. A resort open air café located on public property facing the boardwalk in the RT--1-OR zoning district. Category B-Connector Park Café. A resort open air café located on public property in a Connector Park iubetween Atlantic Avenue and the WI 1 zoning distfictsrboardwalk The Café shall not-extend East of the building's property line. Category C-Atlantic Avenue Sidewalk Café. A resort open air café located on the public sidewalk along Atlantic Avenue in the OR Oceanfront Resort District not including those located between 15th and 24th Streets(See Category E). Category D-Atlantic Avenue Side Street Café. A resort open air café in the R- . i OR Oceanfront Resort District located on the public sidewalk on numbered side streets between Atlantic and Pacific Avenues. Category E-Atlantic Avenue Sidewalk Cafe-15th to 24th Streets. A resort open air café located on the public sidewalk along Atlantic Avenue in the OR Oceanfront Resort District between 15th and 24th Streets on Atlantic Avenue. Formatted:Indent:Left: t" Category F—West of Pacific Avenue Cafe A resort open air café located on public property from Pacific Avenue,westward,in the RT Resort Tourist District grand OR Oceanfront Resort District. fronting on city designated Gateway streets. 2.2 Obstruction: Public infrastructure improvements such as traffic signal poles,sign poles, light poles,planting areas,tree grates,trees,trash receptacles,benches,bike racks,parking meters,etc.,that may impede the flow of pedestrian traffic. SECTION 3. FACILITIES NOT CONSIDERED FOR THE CAFE PROGRAM 3.1 Fast Food Establishments. An establishment, franchised or otherwise,that offers quick food service of items already prepared and held for service;or prepared, fried,griddled quickly or heated in a device such as a microwave oven; and/or orders arc not taken at the customer's table;and food is generally served from a counter in disposable wrapping or containers,will not be considered for outdoor cafes. SECTION 4. OPERATIONAL REQUIREMENTS-ALL CAFES 4.1 In order to be considered for approval under the Resort Open Air Café Program, the Applicant must agree to meet the following Operational requirements: 3 4.1.a Cafes must provide full waiter/waitress table service,from a full service menu served on non-disposable dishware,as defined in par.2.1. 4.1.b All patrons of cafes shall be seated while in the café area. 4.1.dc Patrons may consume alcoholic beverages in these cafes that have been prepared within the host restaurant,in compliance with state ABC regulations. Café employees shall not prepare or pour alcoholic beverages within any café. 4.1.d Solicitation of any type,as described in Section 26-3 of the City code, from any café will result in immediate termination of franchise agreement. SECTION 5. ENTERTAINMENT/AMPLIFIED MUSIC 5.1 Live or recorded entertainment is allowed under the following conditions in all outdoor cafes,unless noted otherwise in specific Café Categories herein. 5.1.a Between the hours 12:00 p.m.and 11:00 p.m.only. 5.I.b Solo or duo live entertainment only.Connecting cafés do not constitute more than one entertainment venue. 5.1.c The café franchise agreement administrator/city officials shall have the sole discretion in determining if the music sound level emanating from the café is considered loud or disturbing.Amplification of music shall be directed within café area. 5.1.d Café operators shall receive one written warning that the music does not comply with the cafe regulations. Upon notice of a second violation,the café will forfeit their entertainment within the café for the remainder of the season. Subsequent violations will be grounds to terminate the café franchise agreement. SECTION 6. GENERAL CAFE REQUIREMENTS Requirements apply to all outdoor cafes,unless noted otherwise in specific Café Categories herein. 6.1 Size:Improvements on public property may not cover more than the front face of the operating business building or exceed a total of 800 sq ft. In addition,the scale,proportion,and overall design of the café shall be reviewed by City staff to ensure the café is compatible with the adjacent building,the street block face,and the overall goals of the Resort Area Facade Program and the Resort Streetscape 4 6 Improvements.The size of the café must maintain clearances as outlined in each section from public infrastructure improvements such as traffic signal poles,sign poles, light poles,planting areas,tree grates,trees,trash receptacles,benches, bike racks,parking meters,etc.,that may impede the flow of pedestrian traffic. 6.2 Access: Only one well-defined entrance opening is permitted to the café area;the café area must be connected to the corresponding business entrance. Orientation of that opening will be reviewed by the City staff according to pedestrian safety and the aesthetic requirements of each location.Access will meet all ADA Standard Disability Access requirements. 6.3 Perimeter Fence: A perimeter fence is required,and shall be a minimum of thirty (30)inches in height and maximum 42"height. It shall be constructed of finished painted wood,factory-finished metal,or a manufactured fiberglass railing system. All café perimeter fence systems shall be reviewed by the city prior to approval for their use. Planter systems are encouraged to complement the fencing system. 6.4 Canopy: Canopies, where permitted or required,shall be a soft top,demountable canopy constructed as specified herein. The canopy shall only cover the top of the Café,except that transparent vinyl or plastic curtains may be used on the sides as windbreaker during inclement weather only. At no point shall the height of the canopy be lower than eight(8)feet above the floor of the Café. The valence of the awning shall not exceed twelve(12)inches in height. If umbrellas are used the name of the café may appear on the valence of each umbrella. All canopies shall be constructed of fire resistant vinyl fabric or canvas as approved by the City of Virginia Beach Planning Department/Permits and Inspection Division,and shall meet all applicable Building, Structural,and Fire Codes. Supporting Structure shall be metal pipe or tube system not to exceed 2"in Diameter. Requests for Deviations shall be individually reviewed by the City. The structure must be dismantled easily and not permanently attached to adjacent building. 6.5 Fixtures& Furnishings: The furnishings of the interior of a resort open air café shall consist solely of moveable tables and chairs and decorative accessories. Tables and chairs shall be constructed of stainless steel,fiberglass, powder coated aluminum or other metal,painted wood,high density polyethylene(HDPE)or an approved site furnishing system. All café furnishings shall be reviewed by the city prior to approval for their use. In no event shall such objects penetrate the exterior perimeter boundary or the canopy. Planter boxes on café railing are encouraged. All movable objects required for operation of a resort café shall be removed from the cafe area and stored out of view during adverse weather conditions acclaimed by the City,or 5 when the café is not in operation for more than a five(5)day period.These objects include tables,chairs,furnishings,and decorative fixtures. Plantings in boxes or planters shall be properly maintained year round,or shall be removed when the café is not in operation. 6.6 Lighting:Only ineantieseenceiling lighting,candles,Christmas lights,and ceiling fans are permitted on the interior of the . RTand OR Oceanfront Resort District Cafes 6.7 Signs: One(1)menu board is permitted within the perimeter of the resort open air cafes. The menu board shall not be larger than five(5)square feet. The name of the establishment may be painted or sewn in a single location on the valence of the canopy with a maximum of eight(8)-inch lettering. 6.8 Storage: Storage of any kind is not permitted on public property;including trash or refuse. 6.9 Maintenance: Cleanup and necessary maintenance of the area of a Resort Open Air/Boardwalk Café including landscaped areas,planter boxes and City property adjacent to café is the sole responsibility of the designated franchisee. SECTION 7. SPECIAL CAFE REQUIREMENTS,BY CATEGORY 7.1 Category A-Boardwalk Cafés. 7.1.a Setbacks: Category A cafes shall have a minimum setback of ten(10)feet from the western edge of the bicycle path. Pending review of specific café site plans,additional setbacks and clear path space may be required. 7.1.b Canopy:Category A Cafes are required to have a Canopy complying with Section 6.4. 7.1.c Plantings: Planting beds shall be provided and properly maintained by the owner/applicant around the perimeter of the Boardwalk Café.The Planting bed(s)adjacent to the café shall extend a minimum of five(5)feet and a maximum of ten(10)feet into the right of way. Site specific issues that warrant a deviation from the minimum and maximum requirement will be considered.The City Landscape Services Department shall review and approve the applicant's landscape plan prior to operating the café. 7.1.d Access:Only one well-defined entrance opening connected to an existing or new walkway system which connects to the boardwalk shall be permitted. Access will meet all ADA Standard Disability Access requirements. Only one five(5)foot walkway is permitted. 6 7.1.e Bicycle Parking Area: Bicycle parking areas are recommended to be integrated with the café improvements. The bicycle parking area will be a minimum of approximately eight(8)feet by eleven(II)feet concrete, brick pavers,or similar paved area with asingle-lead2-point support bicycle rackracks,such as inverted"U"racks.This area will not be included in franchise café area allowance;however,it should be made available for general public use. 7.1.f Floor: Floor shall be a smooth clean permanent surface as required by the Health Department. 7.1.g Perimeter Fence: In addition to materials listed in Sec 6.3,glass block, pre-finished decorative masonry block or brick are also permitted materials in this cafe category. 7.2 Category B-Connector Park Cafés. 7.2.a Setbacks:Category B Cafes are required to have minimum setback of ten (10)feet from the Atlantic Avenue curb line.The Café is not to extend east of the building's property line. Pending review of specific café site plans,additional setbacks and clear path space may be required. 7.2.b Floor: Floor shall be a smooth clean permanent surface as required by the Health Department. 7.2.c Canopy:Canopies are permitted but not required unless hotel rooms and balconies are directly above café area. Umbrellas are permitted. 7.2.d Perimeter Fence: In addition to materials listed in Sec 6.3,glass block, pre-finished decorative masonry block or brick are also permitted materials in this café category. 7.2.e Planting: Planting beds shall be provided and properly maintained by the owner/applicant around the perimeter of the Boardwalk Café.The Planting bed(s)adjacent to the cafe shall extend a minimum of five(5)feet and a maximum of ten(10)feet into the right of way. Site specific issues that warrant a deviation from the minimum and maximum requirement will be considered. Additional planting may be required by City Staff for Category B Cafes(Connector Park Cafes)to tie in with existing connector park configurations. The City Landscape Services Department shall review and approve the applicant's landscape plan. 7.2.f Access: One well-defined opening is required. Orientation of that opening will be reviewed by the City staff according to pedestrian safety and the aesthetic requirements of each location. Access will meet all ADA Standard Disability Access requirements. 7.2.g Bicycle Parking Area: Bicycle parking areas are ncouraged in the Connector Parks. The bicycle parking area will be a minimum of eight(8)feet by eleven(11)feet concrete,brick pavers,or similar paved area with 2-point support bicycle racks,such as inverted"U"racks.This area will not be included in the franchise café area allowance;however,it should be made available for general public use. Category B Cafes(Connector Park Cafes)must use existing parking racks. 7.2.h Service Bar Openings: Service bar openings for waiter/waitress use are allowed into a Connector Park Café only. Service bar opening will be maximum of 5 feet wide. Operation of bar must meet all ABC regulations. 7.3 Category C-Atlantic Avenue Sidewalk Café,not including those located between 15th and 24th Streets(See Category E) 7.3.a Setback:Category C Cafes are required to be setback a minimum of eight (8)feet from the curb line and all obstructions in the public right-of-way. Pending review of specific café site plans,additional setbacks and clear path space may be required. The minimum distance shall be measured from the portion of the café frontage which is nearest the obstruction. 7.3.b Floor: Only the existing paving or sidewalk is to be used for the café. Should the building be setback from the curb line,the development of new surfaces for seating may be permitted. 7.3.c Canopy: Canopies are not allowed for Category C Cafes,but awnings,as allowed through the Resort Area Facade Program are permitted. Awnings extending beyond the dimension permitted in the Resort Area Facade Program(3')may be permitted based on review by City staff and the Resort Advisory Commission(RAC). Umbrellas are permitted. If umbrellas are used,the name of the café may appear on the valence of each umbrella. 7.3.d Planting: Perimeter planter boxes are required;selection of plantings will be reviewed and approved by City staff. All such planters or plantings shall be on or within the allowable café area,and shall be properly maintained by the applicant at all times. 7.3.e Size:Category C Cafes may not cover more than the front face of the operating business building. In addition,the scale,proportion,and overall design of the café shall be reviewed by City staff to ensure the café is compatible with the adjacent building,the street block face,and the overall goals of the Resort Area Facade Program and the Resort Streetscape Improvement Program a,, 21 I7 7.3.f Bicycle Parking Area:Bicycle parking areas are not allowed.Category C Cafes must use existing bike racks. 7.4 Category D-Atlantic Avenue Side Street Café. 7.4.a Setback:Category D Cafes(Atlantic Avenue Side Street Cafes)are recommended to be set back eight(8)feet from the curb line,but a minimum distance of(6)feet clear sidewalk width,from the curb line and all obstructions in the public right-of-way. Pending review of specific café site plans,additional setbacks and clear path space may be required. The minimum distance shall be measured from the portion of the café frontage which is nearest the obstruction. 7.4.b Floor: Only the existing paving or sidewalk is to be used for the cafe. Should the building be setback from the property line,the development of new surfaces for seating may be permitted on private property only. 7.4.c Canopy:Canopies are permitted but not required. Umbrellas are permitted 7.4.d Planting: Perimeter planter boxes are required;selection of plantings will be reviewed and approved by City staff. All such planters or plantings shall be on or within the allowable café area,and shall be properly maintained by the applicant at all times. 7.4.e Size: A Category D Café may not cover more than the front face of the operating business building. In addition,the scale,proportion,and overall design of the cafe shall be reviewed by City staff to ensure the café is compatible with the adjacent building,the street block face,and the overall goals of Resort Area development guidelines in affect at the time of application. 7.4.f Bicycle Parking Area: Bicycle parking areas are not allowed.Category D Cafes must use existing bike racks. 7.5 Category E-Atlantic Avenue Sidewalk Cafe--15th to 24th Streets. 7.5.a Setback: Category E Cafes are required to be setback a minimum of eight (8)feet from the curb line and all obstructions in the public right-of-way. Pending review of specific café site plans,additional setbacks and clear path space may be required.The minimum distance shall be measured from the portion of the café frontage,which is nearest the obstruction. Formatted:Footer,Widow/Orphan control }< 2 I I i l� 7.5.b Floor: The existing paving or sidewalk is to be used for the café. Should the building be setback from the curb line,the development of new surfaces for seating may be permitted on private property only. 7.5.c Awnings:Canopies are not allowed for Category E Cafes,but awnings as allowed through the Resort Area Facade Program are permitted. Awnings extending beyond the dimension permitted in the Resort Area Facade Program(3')may be permitted based on review by City staff and the Resort Advisory Commission(RAC) Planning Design Review Subcommittee(PDRC). Umbrellas are permitted. If umbrellas are used the name of the café may appear on the valence of each umbrella. 7.5.d Planting: Perimeter planter boxes are required;selection of plantings will be reviewed and approved by City staff. All such planters or plantings shall be on or within the allowable café area,and shall be properly maintained by the applicant at all times. 7.5.e Access:Cafes shall be accessed from the interior of the restaurant and not from the Atlantic Ave.sidewalk area. Special consideration should be given to refurbishment of the restaurant facade to allow access to the café from the interior of the restaurant at another location than the main restaurant entrance. French doors or similar door systems should be used to open the existing restaurant directly on to the outdoor café so as to not conflict with the main restaurant entrance area. No serving counters are permitted from the restaurant to the café.Orientation of that opening will be reviewed by the City staff according to pedestrian safety and the aesthetic requirements of each location. Access will meet all ADA Standard Disability Access requirements. 7.5.f Size: A Category E Café may not cover more than the front face of the operating business building. In addition,the scale,proportion,and overall design of the café shall be reviewed by City staff to ensure the café is compatible with the adjacent building,the street block face,and the overall goals of the Resort Area Facade Program and the Resort Streetscape Improvement Program. 7.5.g Bicycle Parking Area: Bicycle parking areas are not allowed.Category E Cafes must use existing bike racks. 7.5.h Special Franchise Requirements: Every Category E Café(Atlantic Avenue Sidewalk Cafe--15th to 24th Streets)franchise agreement shall contain the following special requirements,which shall control in the event of a conflict with any other provisions of the Resort Open Air Café Regulations: {Formatted:Footer,Widow/Orphan contra i<c% 2 I I, 14) 1. Alcoholic beverages shall only be served with meals,and only in unbreakable drink ware; 2. The operator shall not permit persons other than patrons or employees of the establishment to enter the premises or to congregate therein,other than those patrons seated at tables provided by the establishment; 3. In the event a public safety official determines that the open air café should be closed earlier than the normal closing time for reasons of crowd control,unruly behavior either within the establishment or in nearby areas,or for other reasons related to preservation of public safety or public order,the operator shall close the open air café immediately or at such later time as directed by the public safety official,and the willful failure or refusal of any person to comply with such order shall be punishable as a misdemeanor,as provided by City ordinance; 4. The establishment must offer a full service menu(a copy of which shall be provided to the City Manager as part of the franchise application),and the open-air café may remain open only so long as all regular menu items served by the establishment are available to patrons; All tables and chairs shall be removed from the premises upon the close of business each day and stored inside the establishment,and the operator shall not permit the franchised area to be used for storage of furniture or equipment or for any purpose other than as an open-air café; 6. The operator shall not allow persons awaiting entry into the establishment or open-air café to form lines on the sidewalk, but shall admit patrons only from the inside of the establishment;and 7. The operator shall strictly comply with all fire,building,zoning, alcoholic beverage control, or health regulations in the operation of the open air cafe and the remainder of the establishment. 7.5.i Facade Review and Improvements: Prior to the consideration of any application for a Category E(Atlantic Avenue Sidewalk Cafe--15th to 24th Streets) franchise,the applicant must submit a preliminary concept of the proposed café,including photographs of the existing facade of the associated restaurant building and adjacent building facades,and architectural renderings demonstrating how the café will be integrated with the associated restaurant building's facade. 7.5.j The facade must be structurally sound and in good repair,and the I #1 Formatted:Footer,Widow/Orphan control Rev2/1/17 proposed café and facade must be consistent with the Resort Area Facade Program Design Guidelines. 7.5.k The Resort Advisory Commission Design Committee will review the proposed café and the condition of the existing building facade and either (1)approve the preliminary concept or(2)provide the applicant with recommended changes for the proposed café,the facade or both. Only after the preliminary concept is approved will an application for a Category E franchise be considered under section 6.1. 7.5.1 The effective date of this subsection shall be January 1,2006. No Category E franchise shall be granted or renewed for a term that extends beyond April 30,2006,unless the franchisee has complied with the requirements of this subsection. 7.6 Category F—Gateway West of Pacific Avenue Café. 7.6.a The scale,proportion,material selection,and overall design of each hof these Cafes shall be reviewed by City staff to ensure the café is compatible with the adjacent building,the street block face,and the overall goals of Resort Area development guidelines in affect at the time of application. 7.6.b Setback:Category F Cafes are required to be setback a minimum of eight (8)feet from the curb line and all obstructions in the public right-of-way. ADA minimum compliance of a 5' clear path mabe considered based on actual site conditions. Pending review of specific café site plans,additional setbacks and clear path space may be required.The minimum distance shall be measured from the portion of the café frontage which is nearest the curb or obstruction. 7.6.c Floor: The existing paving or sidewalk, if existing, shall be used for the café floor. New floor shall be a smooth clean permanent surface as required by the Health Department. Material shall be appropriate for each given location,and shall be reviewed and approved on a site-specific basis. 7.6.d Awnings: Requests for Canopiescanopies will be reviewed on a case by case basis,depending on location. 7.6.e Planting: Perimeter planter boxes are required;selection of planter boxes and plantings will be reviewed and approved by City staff. All such planters or plantings shall be on or within the allowable café area,and shall be properly maintained by the applicant at all times. } Formatted:wooer,widow/Orphan control I RCN 2 117 I7.6.f Size:A Category[3F Café may not cover more than the 1 faeefrontaee of the pironerty of the operating business building. 7.6.g Given the close proximity of Category F cafes to residential neighborhoods,eefecafes shall remain open no later than midnight.Live M tsieor recorded entertainment shall not be permitted after 10:00 pm Ie—nstted:Indent:Left: 1",hanging: 0.5" SECTION 8. ADMINISTRATION AND ENFORCEMENT I8.1 Franchise Requirements Formatted:1 Rev 2/t/t 7 ed:Foo6ar, Mlidaw/OrDhen umbel In order to create a Resort Open Air Café on public property,the granting of a franchise agreement is required.Franchise Agreements shall be granted only after project data has been properly submitted by the Applicant,reviewed by City Staff and the Resort Advisory Commission, and approved by the City Council of Virginia Beach. The regulations herein are intended to establish the necessary criteria with which the Resort Open Air Cafes shall first comply in order to be eligible for consideration for such a franchise agreement. A Non-refundable fee of one-hundred dollars($100.00)shall be paid to the City for the processing of an application for a franchise. The City Manager or his designated representative shall not accept any application unless such fee be paid at the time application is filed. City Council may deny or grant a franchise subject to such terms and conditions as City Council may,in its discretion deem proper. Notwithstanding any other provision of law,City Council shall deny any franchise request it determines,in its discretion,to be detrimental to the public health,safety,and welfare or interest. Upon approval of the Franchise Agreement,the Applicant shall satisfy Insurance requirements and Franchise Fees,as listed below,prior to beginning construction of the Café. 8.2 Submittal and Review Procedures Construction activity is prohibited on Resort Open Air Cafés between May 1 and October 1. Review and approval procedures require a minimum of 3 months; longer if changes to original plans are required. It is strongly suggested the Applicant begin the Café Franchise review process in November to allow sufficient time for approval procedures and construction completion before the May 1st deadline. 8.2.a Preliminary Review(Approximate review time—1 week) 8.2.b Prior to submitting a Franchise Application,the Applicant shall review the RESORT OPEN AIR CAFE FRANCHISE REGULATIONS,herein,and submit Preliminary project information to the designated SGA-Resort Management Office representative(757-385-4800)to determine the feasibility of the project. The following are required for the preliminary review: RCN 2;1 I 7 1. A Survey(if available)of the existing property. 2. A rough drawing showing the existing building outline, property lines,and proposed café location. 3. Photographs of the proposed café site,existing building facade(s),and adjacent property on each side. Data may be submitted in person,or by mail or email. If the project is deemed feasible,the Applicant will be instructed to complete a Café Franchise Application. 8.2.c Café Franchise Application(Approximate review time—4 to 8 weeks,plus time for revisions and resubmittal, if required) Applicant shall submit completed Cafe Franchise Application, along with the$100.00 Application Fee,to the designated Resort Management representative.Applications for café franchises will not be accepted after March 1,preceding the summer season of anticipated operation.No application shall be processed for the year in question that fails to meet the application deadline. The following are required to be submitted,in triplicate(3 copies)along with the application, for review: 8.2.d Physical Survey: Sealed by land surveyor,no older than 90 days. Survey shall show all existing property lines,easements,buildings and other structures,to the curb line and/or edge of boardwalk/connector park,and including public sidewalk showing all obstructions such as light poles,trash receptacles,etc, for the length of the property across it's street(or boardwalk/connector park)frontage. 8.2.e Photographs of the proposed café site,existing building facade(s), and adjacent property on each side. 8.2.f Proposed Site Development Plan,including Landscape Plan, where landscape is required. The site plan shall be prepared using a minimum scale of 1"= 10'-0"and shall show by name and dimension,proposed and existing walkway systems,and proposed Open Air Café,setbacks,minimum clear path on sidewalk between face of café and obstructions,access into café,and from café into attached restaurant,perimeter fence,and table/chair layout. 8.2.g Front&Side Exterior Elevations: Elevations shall be prepared using a minimum scale of 1/4"= 1'-0"and shall show proposed café'and façade of existing structure directly adjoining the proposed café. A minimum of two elevations are required:one front elevation and one side elevation,dimensioned to show height of vertical elements.All materials shall be identified on drawings. 8.2.h Finish Schedule: Shall include all finish materials proposed for the Open Air Café construction including flooring,railing system, canopy and canopy supports,and proposed plant materials. 8.2.i Proposed Fixtures and Furnishings: Images of all proposed furnishings,including tables,chairs,umbrellas,planters,etc. 8.2.j A letter of support from the property owner(if the Applicant is not the property owner)for the café addition. 8.2.k Upon receipt of the complete Application package,the SGA Resort Management Office will forward a copy to the Planning&Design Review subcommittee(PDRC)of the Resort Advisory Commission(RAC)for review and comment at the next scheduled meeting.The SGAResort Management Office representative will assist the Applicant in establishing a review date and time.The Applicant(or representative designated by the Applicant)is encouraged to attend the review session and to bring other supporting drawings,images,etc.,if desired. 8.2.1 Upon successful completion of the review,the PDRC will recommend approval and/or provide written review comments indicating required revisions.The recommendations will be forwarded to the next scheduled meeting of the Resort Advisory Commission for a vote to support the Application.If supported, The RAC will convey this recommendation to the City Council. The SGA Resort Management Office Representative will request that the City Attorney's Office draft an agenda request and ordinance for City Council's approval or denial of the Cafe Franchise Agreement. 8.3 Permits and Inspections Review(Approximate approval time—2 to 4 weeks) 8.3.a If the Café project is supported by the RAC,the Applicant is encouraged to submit drawings to the Virginia Beach Department Ke,,2 1 17 of Permits and Inspections to determine review and permitting procedure. 8.3.b Applicant will be required to submit drawings and payment of required review fees. Permits and Inspections will review the plans to determine compliance with applicable Building Codes,and will notify applicant the level of review required.Once approved,the building permit will be held pending approval or denial of the café Franchise agreement by City Council. If approved by City Council, applicant may obtain required building permit and any required right of way permit. 8.3.c Approval of the Health Department and(when applicable)the State of Virginia Alcoholic Beverage Control Board is required for operation Note:Cafes connected to a hotel/motel may be required to install a fire suppression sprinkler system if side curtains are installed. Confirm requirements with Permits and Inspections. 8.4 Insurance and Fees 8.4.a Applicant will provide liability insurance coverage not less than one million dollars($1,000,000)for personal injury and property damage as required. 8.4.b The franchise fee is to be determined on a gross square foot basis/per year,payable to the City of Virginia Beach no later than May of the year in effect. The fees are as follows: Category A: Boardwalk Café Category B: Connector Park Café Category C: Atlantic Avenue Sidewalk Café Category D: Atlantic Avenue Side Street Café Category E: Atlantic Avenue Sidewalk Cafe-15th to 24th Streets Category F: EiatewayWest of Pacific Avenue Café 201-2201 2013201 2014201 2445202 20+6202 7 8 9 0 1 Formatted:Highlight Category A 8.63100 8,8810.3 9.1510.6 9:4310.9 9,21.11.2 3%**‘ 1Formatted:-- 3 6 'Formatted:Highlight Category B 2:408.57 7.628.83 7.859.09 8:089.36 89.64 3%** Formatted:Highlight Category C 64610.2 6,3410.5 610.8 0:-2311.1 911.5 3% ** Formatted:Highlight 3 4 6 9 3 Category D 41345.73 5.9890 5.246.08 5-396.26 5,-566.45 3% ** Category E 6,1-67.14 67347.35 6.537.57 6737.80 61338.03 3%** Category F 41345.73 5.9890 5.246.08 5,3-96.26 5366.45 3%** "3%increase each year thereafter Formatted:Font:12 pt • 8.4.c Prior to commencement of operations the Grantee must execute a bond or letter of credit in favor of the City of Virginia Beach in the amount of ten thousand dollars($10,000)as determined by the Public Works Department and the Resort Management Office. 8.5 Enforcement 8.5.a The franchise period shall be for one(1)year for the first year of operation. Based upon compliance with these regulations and the Council's desire to continue to allow Open Air Cafes,an extension of the franchise may be authorized by the City Council for up to an additional five(5)year period. 8.5.b During the period in which the franchise is in effect,the Office of the City Manager or his designated representative is to enforce the provisions of the franchise agreement,and is authorized to suspend the agreement if there is a violation of the agreement. 8.5.c In the event the City determines that the Grantee has failed to properly comply with any of the terms or conditions of this Agreement,Grantee shall be given a minimum of twenty-four(24) hours and a maximum of ten(10)calendar days to remedy its non- conformance. The amount of time that Grantee shall be permitted to gain compliance shall be determined in the sole discretion of the City,by its authorized officer,agent,or employee. However,such time shall be reasonable and shall be based upon the level of severity of the noncompliance. If Grantee fails to effect compliance within the time allowed,the City shall have the right to suspend Grantee's operation, in whole or in part, until such time as Grantee shall remedy its non-compliance. 8.5.d No portion of the open air/boardwalk cafes shall open or project beyond the designated perimeters of the café area. 8.6 Revocation of Franchise: The franchise agreement shall provide that a Cafe franchise may be revoked by the City Manager whenever the City Manager determines that one of the following conditions has occurred Rei 2 117 1. The owner or operator of the establishment has been found guilty of a criminal offense arising from the operation of the establishment; 2. The owner or operator of the establishment has been assessed a civil penalty for violation of any fire,building,zoning,alcoholic beverage control,or health regulation arising from the operation of the establishment; 3. The presence of the open-air café is causing or contributing to a deterioration of the quality of the pedestrian experience or general environment in the area; 4. The open-air café is in violation of any material term of its franchise agreement or the Resort Open Air Café Regulations;or 5. The operator has failed to comply with an order of a public safety official of the City directing that the open-air cafe be closed,as provided by Section 5.5.N(3)of the Resort Open Air Café Regulations. 8.6.a The franchise agreement shall also provide that the City Manager may suspend the owner or operator's privilege to operate the open air café under the franchise pending a final disposition of any criminal charge,alcoholic beverage control violation,or civil infraction arising from the operation of the establishment. 8.7 Effect of Revocation of Franchise: The franchise agreement shall provide that,upon revocation or suspension of a franchise by the City Manager,the owner or operator shall immediately cease operation of the open air café and shall remove all tables,chairs and other items located on City property within twenty-four(24)hours of the revocation or suspension. As provided by City ordinance,the failure of the owner or operator to comply with the order of the City Manager revoking or suspending a franchise shall punishable as a misdemeanor. The franchise agreement shall authorize the City Manager to remove or contract for the removal of any tables,chairs,barriers and other items encroaching upon City property and charge the costs thereof to the owner or operator,which costs may be collected as real estate taxes are collected. _ • ormatted:Indent:Left: 0.5",Hanging: 0.5" SECTION 9. DEMOLITION 9.1 If applicant is required to demolish or remove café or any portion thereof, the applicant must submit approval plans to the Department of Planning for review. Rev 2/1/17 S4oNW-nil-- 0.1) F.E. ›> City of Virginia Beach •c _ fib a;? Vsrsir K+. ,.mm JOHN E UHRIN PHONE 17571 200-7005 COUNCILMAN-DISTRICT 6-BEACH JUHAIN4V5GOV COM Refer to File No. 0060210 March 21,2017 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(11) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, Virginia Code §§ 2.2-3112(A)(2) and -3115(H), I make the following declarations: 1. I am making this written disclosure regarding City Council's discussion and vote on the ordinance to amend the City's Resort Open Air Café Franchise Regulations. 2. Barclay Hotel Corporation, t/a Barclay Towers Cafe, has a boardwalk café franchise which would be subject to these revised regulations. 3. I have a personal interest in Barclay Hotel Corporation, and its address is 809 Atlantic Avenue, Virginia Beach, Virginia. 4. I am a member of a group—persons with financial interests in businesses that have open air café franchises—the members of which are affected by this transaction. 5. 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 2.2-31 15(1 1). 215 ATLANTIC AVENUE,VIRGINIA BEACH. VIRGINIA 23051 Mrs. Ruth Hodges Smith -2- March 21, 2017 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) 1 respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, / 5 a Joh J . Uhrin Co I cilmember JEU/RRI 73 Item-VI-J.3a/b/c/d/e/f/g/h/f/k/Um/n ORDINANCES/RESOLUTION ITEM#66904 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, Ordinance to GRANT fourteen (14) Franchise Agreements for Open Air Cafes in the Resort Area a. Abbey Road Café 203 22nd Street ** b. Barclay Towers Cafe 809 Atlantic Avenue c. Calypso Bar& Grill 1101 Atlantic Avenue d. Dough Boys 3224 Atlantic Avenue e. Four Sails 3301 Atlantic Avenue f 23'd Street Bistro 2207 Atlantic Avenue g. Oceanhouse Waterfront 1905 Atlantic Avenue h. Luna Sea 22nd Street i. Maki Mah's 615 Atlantic Avenue j. Maki Mah's 615 Atlantic Avenue k. Neptune's Restaurant 2901 Atlantic Avenue 1. Pier 23 2224 Atlantic Avenue m. Timbuktu 3107 Atlantic Avenue n. 204 Grill Cafe 204 22nd Street Voting: 10-0 ** Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson **ITEM#3b Councilman Uhrin ABSTAINED on ITEM#3b making the Vote 9-0 March 21, 2017 1 AN ORDINANCE GRANTING FOURTEEN 2 FRANCHISE AGREEMENTS FOR OPEN AIR 3 CAFES IN THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 6 the City Manager to promulgate Open Air Café Regulations, which have been amended 7 from time to time, for the operation of open air cafés on public property; and 8 9 WHEREAS, the City Council has traditionally granted initial franchises for one- 10 year terms; and 11 12 WHEREAS, if an open air café is successfully operated during the initial one- 13 year term, the franchisee may return to Council and request a five-year franchise 14 agreement; and 15 16 WHEREAS, the following thirteen entities have successfully operated open air 17 cafés pursuant to either one-year or five-year franchise agreements, and are seeking 18 renewal of their franchise agreements for five year terms: (1) Tampico Enterprises, Inc., 19 t/a Abbey Road Café, for operation of an Atlantic Avenue Side Street Café; (2) Barclay 20 Restaurant Corporation, t/a Barclay Towers Café, for operation of a Boardwalk Café; (3) 21 Atlantic Sands, Inc., t/a Calypso Bar & Grill, for operation of a Boardwalk Café; (4) 22 Virginia George Co., Inc., t/a Dough Boys, for operation of an Atlantic Avenue Side 23 Street Café; (5) Four Sails Time-Share Owners Association, t/a Four Sails, for operation , 24 of a Boardwalk Café; (6) Osprov Respublik, Inc., t/a 23Rd Street Bistro, for operation of a 25 Boardwalk Café; (7) Osprov Respublik, Inc., t/a Oceanhouse Waterfront, for operation 26 of a Boardwalk Café; (8) Luna Sea, Incorporated, t/a Luna Sea, for operation of an 27 Atlantic Avenue Side Street Café; (9) ROTB, LC, t/a Mahi Mah's, for operation of a 28 Boardwalk Café; (10) ROTB, LC, t/a Mahi Mah's, for operation of a Connector Park 29 Café; (11) Atlantic Enterprises, Inc., t/a Neptune's Restaurant, for operation of a 30 Boardwalk Café; (12) AHATA, Inc., t/a Pier 23, for operation of an Atlantic Avenue Side 31 Street Café; and (13) Ocean Ranch Motel Corporation, t/a Timbuktu, for operation of a 32 Boardwalk Café; and 33 34 WHEREAS, Pizza Maniac, Inc., t/a 204 Grill Café, is seeking a one-year 35 franchise agreement for operation of a Atlantic Avenue Side Street Café; and 36 37 WHEREAS, the Convention & Visitors Bureau/Resort Management recommends 38 that the above-named entities be granted open air café franchise agreements. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 41 VIRGINIA BEACH: 42 43 That the City Council hereby grants five-year franchise agreements to: (1) 44 Tampico Enterprises, Inc., t/a Abbey Road Café, for operation of an Atlantic Avenue 45 Side Street Café; (2) Barclay Restaurant Corporation, t/a Barclay Towers Café, for 46 operation of a Boardwalk Café; (3) Atlantic Sands, Inc., t/a Calypso Bar & Grill, for 47 operation of a Boardwalk Café; (4) Virginia George Co., Inc., t/a Dough Boys, for 48 operation of an Atlantic Avenue Side Street Café; (5) Four Sails Time-Share Owners 49 Association, tla Four Sails, for operation of a Boardwalk Café; (6) Osprov Respublik, 50 Inc., tla 23rd Street Bistro, for operation of a Boardwalk Café; (7) Osprov Respublik, Inc., 51 t/a Oceanhouse Waterfront, for operation of a Boardwalk Cafe; (8) Luna Sea, 52 Incorporated, t/a Luna Sea, for operation of an Atlantic Avenue Side Street Café; (9) 53 ROTB, LC, t/a Mahi Mah's, for operation of a Boardwalk Café; (10) ROTB, LC, t/a Mahi 54 Mah's, for operation of a Connector Park Café; (11) Atlantic Enterprises, Inc., t/a 55 Neptune's Restaurant, for operation of a Boardwalk Café; (12) AHATA, Inc., tla Pier 23, 56 for operation of an Atlantic Avenue Side Street Café; and (13) Ocean Ranch Motel 57 Corporation, tla Timbuktu, for operation of a Boardwalk Café. 58 59 That the City Council hereby grants a one-year franchise agreement to Pizza 60 Maniac, LLC, t/a 204 Grill Café, for operation of an Atlantic Avenue Side Street Café. Adopted by the City Council of Virginia Beach, Virginia on this 213Lay of March 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Mike Eason Aimee Sullivan Convention and Visitors Bureau/ City Attorney's Office Resort Management CA13932 R-2 March 7, 2017 rrr C1I�p,`4G1 , 9,7 ?; City of Vifa Beach 4c r c,3 eE r 'i° OlJ Ne -V`�tZi Y JOHN E UHRIN PHONE 17571200-]C0.S COUNCILMAN-DISTRICT.6PEACHJUHHINP VBOOV COM Refer to File No.0060195 March 21, 2017 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declarations: 1. I am making this written disclosure regarding City Council's discussion and vote on the application of Barclay IIotel Corporation, t/a Barclay 'lowers Cafe, for a boardwalk café franchise renewal. 2. I have a personal interest in Barclay Hotel Corporation, and its address is 809 Atlantic Avenue,Virginia Beach, Virginia. 3. I will abstain from voting on this application. I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sin ely, E. Uhrin .ouncilmember ,IRU/RRI 215 ATLANTIC AVENUE.VIRGINIA BEACH_VIRGINIA 23451 74 Item-VI-J.4 ORDINANCES/RESOLUTION ITEM#66905 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE and DIRECT the City Manager to IMMEDIATELY REPAY the $20—Million Transportation Partnership Opportunity Fund (TPOF) Grant to acquire acquisition of the former Norfolk-Southern right-of-way Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis K Jones, Shannon DS Kane, John D. Moss and James L. Wood Council Members Abstaining: Mayor William D. Sessoms, Jr. John E. Uhrin Council Members Absent: Rosemary Wilson March 21, 2017 REQUESTED BY VICE MAYOR JONES AND COUNCILMEMBERS ABBOTT, DAVENPORT, DYER, HENLEY, KANE, MOSS, WILSON AND WOOD 1 A RESOLUTION AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO IMMEDIATELY REPAY THE 3 $20 MILLION TRANSPORTATION PARTNERSHIP 4 OPPORTUNITY FUND GRANT USED TOWARDS 5 THE CITY'S ACQUISITION OF THE FORMER 6 NORFOLK SOUTHERN RIGHT-OF-WAY 7 8 WHEREAS, the City is the owner in fee simple of a 10.57-mile corridor of land 9 bounded on the west by the City's boundary with the City of Norfolk and running 10 eastward to Birdneck Road, and it is generally known as the former Norfolk Southern 11 railroad right-of-way (the "Right-of-Way") (GPINs: 1467-13-1924, 1467-93-8993 and 12 2407-04-3244); 13 14 WHEREAS, the City purchased the Right-of-Way in 2010 from Norfolk Southern 15 Railway Company for purposes of establishing a multi-modal transportation corridor for 16 extension of the Norfolk Light Rail System, and the funds used to purchase the Right-of- 17 Way included a $20 million Transportation Partnership Opportunity Fund grant from the 18 Commonwealth of Virginia (the "Commonwealth"); 19 20 WHEREAS, to effect the grant, the City and the Commonwealth entered into a 21 Transportation Partnership Opportunity Fund Grant Agreement ("TPOF Agreement") 22 dated September 22, 2010; 23 24 WHEREAS, the Commonwealth has asked the City to repay the $20 million grant 25 (the "TPOF Grant") and has stated that it needs the funds elsewhere in the state, 26 including for capital needs at the Commonwealth's Wallops Island Space Port; 27 28 WHEREAS, the City recognizes the Commonwealth's need to have the funds 29 and desires to terminate the TPOF Agreement by repayment of the $20 million TPOF 30 Grant, which will give the City more flexibility in how and when to select and construct a 31 project on the Right-of-Way; and 32 33 WHEREAS, funding is available for the repayment of the TPOF Grant in the City 34 Council Norfolk-Southern Right-of-Way Acquisition Refund Account. 35 36 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 37 VIRGINIA: 38 39 That City Council hereby authorizes and directs the City Manager to immediately 40 repay the Commonwealth for the TPOF Grant, in the total amount of$20 Million, so long 41 as there is sufficient funding available in the City Council Norfolk-Southern Right-of-Way 42 Acquisition Refund Account. 43 Adopted by the Council of the City of Virginia Beach, Virginia on the 21st day 44 of March , 2017. • PP' nV D S TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Ci sr anr'r's Office City Attorney's Office APPROVED AS TO AVAILABILITY OF FUNDS: Finance CA13863 R-1 3/14/17 \\vbgov.com\dh1applications\citylawprod\cycom32\wpdocs\d014\p024\00356610.doc TRANSPORTATION PARTNERSHIP OPPORTUNITY FUND GRANT AGREEMENT This Grant Agreement (this "Agreement") is made and entered into as of September 7N'"- , 2010, by and among the Virginia Department of Transportation ("VDOT" or the "Deparnent"), an agency of the Commonwealth of Virginia (the "Commonwealth"), and the City of Virginia Beach, a municipal corporation of Virginia ("Virginia Beach","City" or the "Recipient'). Explanatory Statement A. The Transportation Partnership Opportmity Ftmd ("TPOF' or the "Fund') was mated render Section 33.1-221.1:8 of the Code of Virginia(the"Code')to provide a source of financial assistance to encourage the development of transportation projects. B. The Govanor is authorized to award assistance fiom the Fund in various forms to an agency or political subdivision of the Commonwealth sod the Gam! Assembly, pursuant to Chapter 130 of the 2010 Acts of Assembly,determined that expansion of the Norfolk light Rail systan,including extension from its current terminus at Newtown Road in the City of Norfolk to the Oceanfront in the City of Virginia Beach, along the Interstate 264 condor on the right-of- way of the Norfolk Southern Railway,is in the public interest and qualifies for public finding to the =Rout that any may be required, from the TPOF or other fimding available to the Commonwealth C. The City of Virginia Beach is a duly created and validly=fisting political subdivision of the Commonwealth and is eligible to receive financial assistance from the Food, and the General Assembly, pursuant to Chapter 130 of the 2010 Acts of Assembly (the "Authorizing Legislation'),mandated that notwithstanding any contrary provision of law,the funds provided to the City of Virginia Beach under the WOF to purchase railroad right-of-way from the Norfolk Southern Railroad ("Norfolk Sontletri) must be expended and used subject to such requirements as the Federal Transit Administration shall determine to be most affective for the construction of the public transportation project. D.The City of Virginia Beach submitted an application requesting fimds in the form of a grant from the Fond to assist with finding the purchase of Norfolk Southern right-of-way between Newtown Road, on the Norfolk/Virginia Beach boundary line at apprerito.ately Station 256+19 on the Norfolk Southern Right-of-Way and Track Map, to approximately Station 815+07,just west of Birdneck Road nem the Virginia Beach Oceanfront (hereinafter the"Rigid of Way")for purposes of establishing a multi—modal transportation corridor for extension of the Norfolk Light Rail system(said purchase,for said purpose,hereimferthe"Aoject). The Right of Way was identified through Item 449.10.1 of Chapter 847 of the Acts of Assembly of 2007 as a project to receive TPOF assistance as a part of the 2007 Transportation Initiative, E The City's purchase of the Right of Way is being partially ftmded by Federal Regional Surface Transportation Program funds administered by the FHWA, which were programmed along with the required state match by the Hampton Roads Transportation Planning Organization on Mach 17, 2010 to Hampton Roads Transit("HRT'). VDOT will direct the transfer of these federal finds from FHWA to FTA. Once the funds are transferred,HRT will request payments 1 directly from the FTA.HRT will submit payments to Norfolk Southern in annual installments of Sl million pa year,starting in calendar year 2011. F.At ameeting on March 27,2009,the TPOF Advisory Panel (the"Panel" evaluated the application and on April 8, 2009, recommended to the Secretary of Transportation and the Soaetary of Commerce and Trade, an award by the Governor of a grant of up to$20,000,000 to the City,subject to certain conditions. G.This Agreement pertains to the purchase by Virginia Beach of the Norfolk Southern Right of Way for purposes of extending the Norfolk light Rail system from Newtown Road to the Virginia Beach Oceanfront and as farther defined in this Agreement and in Exhibit A (the "Project Description"). The projected costs of the Project are identified in Exhibit B (the "Project Budget")to this Agreement. 11. Funding for the Project is being made available through Item 449.10 of the Acts of Assembly of 2007. Subsequent action by the General Assembly,through Items 456 a and 462 D.of Chapter 874 of the Acts of Assembly of 2010 feather impacted the availability and spaces of fords for financing the Proj ect. L On July 1,2009,the Governor approved a conditional award of a grant(the"Grant")of up to$20,000,000 to the City. A copy of the Decision Brief signed by the Governor is provided as Exhibit C to this Agreement NOW, THEREFORE, in oonsidetation of the foregoing and other good and valuable consideration,the receipt and sufficiency of which are aclnowledged by the parties, the parties agree as%Bows: 1. Purpose of Agn mat The purpose of this Agreement is b provide for the tams and conditions required for'making the Grant, the disbursement and application or use of the proceeds of the Grant,and other mattes related thereto. 2. Requisition,Disbursemmt Application and Use of Grant Proceeds and Hlieble Costs. (a)Requisition. In order to requisition disbursement of the Grant proceeds,the Recipient shall submit to VDOT,a completed requisition for disbursement of the Grant proceeds signed by an authorized representative of the Recipient The regmsition will contain all information called for by, and otherwise be substantially in the form of Exhibit D (the "Requisition For Disbursement')to this Agreement (b)Disbursement. Disbursement of the Grant proceeds will be as follows: i Subject to the conditions set forth in item iii of this subsection 2(b), a one- time disbursement of S17,500,000 will be paid to Virginia Beach solely for the purchase of that Norfolk Southern Right of Way defined as the"Property" in Section 1.1 of the Agreement for Purchase and Sale between Norfolk Southern Railway Company and the City of Virginia Beach,dated September 4, 2009 (hereinafter,the "Norfolk Southern Purchase Agreement%provided the purchase transaction contemplated under the Norfolk Southern Purchase 2 Agreement closes and provided that Norfolk Southern conveys the Property to Virginia Beach by Quitclaim Deed,in accord with the terms set out in Section 5 of the Norfolk Southern Purchase Agreement, and free and clear of any hens,mortgages,hosts or other encumbrance by Norfolk Southern other then as set forth in said Section 5. u. Subject to the conditions set forth in item iii of this subsection 2(b), a one- time no-time disbursement of 52,500,000 will be paid to the Qty only upon the City's exercise of the Option for the purchase of the Easement and assignment of the VEPCO lease (collectively, the Reserved Utility Easement") described in Section 19 of the Norfolk Southam Purchase Agreement, provided: (i) the City exercises the Option prior to the date that the Optics expires,as set forth in the Norfolk Southern Purchase Agreement (ii) the purchase price for Vu 'pain Beach to purebase tie Reserved Utility Easement is a total of $5,000,000; (hi)the Reserved Utility Easement is c ceveyed to the City free and dear of any lima, mortgages, trusts or other encumbrances by Norfolk Southern; and, (iv) provided the City utilizes all proceeds and revenues derived from the lease (the "Lease Revenues") for ttansportation projects or programs in Vagina Beach,pursuant to the tams provided in Section 2(d)(ii) herein. iii. The City of Virginia Beach has advised VDOT that Virginia Beath and Norfolk Southern intrad to close on the Property purchase set forth in item i of this subsection 2(b), (purchase of theNorfollx Southern Right of Way)on or about September 24, 2010, and intend to dose on the Reserved Utility Easement purchase set forth in item ii of this subaection 2(b)(purchase of the Easement and assignment of the VI?PCO latae) no later than September 29, 2010. Accordingly,no later than September 23,2010 VDOT will forward,by means of an electronic wire or transfer,on behalf of and as has been requested by Virginia Beath,the TPOF finds for these transactions to the Escrow Agent specified in the Escrow Agreement between Norfolk Southern Railway Company, the City of Virginia Beach and Independent Trustees, dated December 29, 2009, as amended by email dated August 31,2010 from Blair Wimbush (attached hereto and further amended by an Amendment dated September 15, 2010) (hereinafter, collectively referred to as the "Escrow Agreement" and attached hereto as exhibit E), which funds Virginia Beach will authorize and cause to be paid to Norfolk Southern only upon dose of the purchase transactions contemplated herein and only upon satisfaction of and in accord with the tams of the Escrow Agreement In the ewers the Escrow Agreement is modified subsequent to the date of this Agreement without written agreement of VDOT, then the City of Virginia Beach shall promptly return or use to be returned to VDOT all TPOF finds that have previously been forwarded to Virginia Beach. In the event the Escrow Agreement is tonna:Mal for any reason other than dosing of both of the parchase transactions set forth in items i. and ii. of this subsection (2)(b),then the City of Virginia Beach shall promptly renin or cause to be returned to VDOT all TPOF funds that have previously been forwarded to Virginia Beach for the purchase hamsaction(s)that did not close. The City of Virginia Beach agrees 3 that the terms of the Escrow Agreement are consistent with the requirements and conditions set forth in this item (c)Arolication and Use of Grant Proceeds. i Grant proceeds shall be used for the sole purpose of funding 50%of the cost of acquiring the Norfolk Southern Right of Way, further defined as the "Property"in Section 1.1 of the Norfolk Southern Purchase Agreement;and if the Option is exercised in a timely manner,50%of the cost fm the lwchase of the Reserved Utility Easement described in Section 19 of the Norfolk Southern Purchase Ageeement • ii. Recognizing the purpose of the Grant is to purchase the corridor necessary to facilitate the expansion of the Norfolk Light Rail system,to avoid repayment of the Grant finds, the City agrees to (A) purchase the Right of Way by September I,2011, (B)refrain from any activity or use that would impair the use of the Right of Way for the proposes specified in the Authorizing Legislation, as it may be amended, and(C)use its best efforts to purse said expansion of the Norfolk Light Rail system in accord with the Authorizing Legislation as it may be amended. The ten "use best efforts to pursue" as used in this Agreement shall mem to undertake any action necessary, appropriate and rraaamable for a locality to take in older to cooperatively proceed with the regional transit authority to implement exon of the Norfolk Light Rail system in accord with the Authoring Legislation as it may be amended. (d)Failure to Comply with Use of Grant Proceeds Requirements. CO In the event that the City trails to comply with tbe.rcquaements in subsection 2.c.of this Agreement,or frills to comply with the rmgt ruuwts that the FTA shall detamine to be most effective for the construction of this public transportation project, and either such fat continues uncured for paiod of 120 days fillowing notice thereof(giving particulars of the fnilne in reasonable detail) from the Department to the City or for such longer period as may be reasonably necessary to cure such failure, (provided in the latter ase that the City has demonstrated to the satisfaction of the Depatmmt, acting reasonably,that(i)it is proceeding and will proceed, with all due diligence to cure or cause to be cured such failure,(ii)its proceeding can be reasonably expected to core or cause to be cured such failure within a reasonable period of time acceptable to the Department, acting reasonably, and (iii) such failure is in fact eared within Stab period of time), than to the extent any Grant proceeds have been forwarded or paid to the City of Virginia Beach, said Grant proceeds must be returned to the Commonwealth. (n) In the event that the City has received TPOF fords for purchase of the Reserved Utility Easement and lease and fails to utilize all Lease Revenues for the 4 • acquisition (other than the Norfolk Southern Right of Way as defined her®), design, planning, construction, operation or maintenance of' transportation projects or programs situated in Virginia Beach (collectively, "Virginia Beach Transportation Costs),then the City shall pay to VDOT a an equivalent to the Lease Revenues that were not used therefore (hereimfter "Lease Payment Shortfall). Pursuant to Section 5 below, VDOT may audit, among other things, records relating to collection and expenditure of proceeds and revenues derived from said lease and in the event VDOT determines that the City has failed to use all Lease Revenues for Virginia Beach Transportation Costa, and such failure continues uncured for a period of 120 days following notice thereof (giving particulate of the failure in reasonable detail) from the Department to the City, then the City shall remit to VDOT,within 30 days of the deadline for core,a sum eguivelmt to the Leese Payment Shortfall. For purposes of this subsection(d), Lease Payment Shortfall may be cared by the City contributing an equivalent sum toward Virginia Beach TYmsportation Costs. The City's obligations to utilize the Lease Revenues as set forth in this Agreement shall be deemed satisfied if the City has repaid the Grant in the amount of 520 million, pursuant to the tams of this Agreement 3. Project Schedule. Every good faith effort shall be made to cause the acquisition of the Right of Way pursuant to the t mac specified in subsection 2(c)of this Agreement. 4. Grant Repayment The Project must be undertaken in accord with the Authorizing Legislation,as it may be amended. Faihae to comply with Section 2(c) of this Agreement will require the repayment of the Grant to the Commonwealth. 5. Reports and Records. (a) Maintenance Rerriroments. Full and derailed accounts and records shall be maintained, as appropriate,by the Recipient for the Project and such controls shall be exercised as may be necessary lbr proper financial management,using accounting and control systems in accordance with generally accepted accounting principles and standards, so as to provide complete records to fully support the use of the Grant proceeds to pay any cost and/or arose of the acquisition of the Right of Way, to documat Virginia Beach Transportation Costs and to fully account for collection and expenditure of the Lease Revenues. Access shall be afforded by the parties to each other and their repreamtatives and agents to the records, books, correspondence, receipts, subcontracts, purchase orders, vouchers, memoranda and other data, including but not limited to electronic schedules and other electronic data (all collectively referred to as the"Books and Records)relating to the Project or the receipt and expenditure of the Lease Proceeds. Such Books and Records shall be maintained at the 7401 Court:M se Drive, Building 1,Municipal Center,Virginia Beach,Virginia 6. Representations. The Recipient further represents,covenants and agrees as follows: 5 (a) The Recipient has fall right, power and authority to execute and deliver this Agreement, to perform its obligations under the Agreement and to carry out the tasks associated with the acquisition of the Right of Way and the Project (b) To the best of the Recipient's knowledge,there are no pending or threatened suits or actions of any name that may have an adverse effect on the Recipient's condition (financial or otherwise)or its ability to perform under the Agreement and there has been no material adverse change in the financial condition of the Recipient as indicated in the information furnished to VDOT. (c) That it shall cooperate with the Department as to all activities necessary to complete the Project, including coordinating with Department staff for all reviews, approvals and necessary oversight,as may be required. 7. Public Property. The Right of Way shall not become private property,but shall become or remain public property following completion of the acquisition. B. Amendment. The provisions of this Agreement may be amended, modified or waived only by written instrument executed by both parties. 9. Avelicsbie Law. This Agreement shall be governed by and construed under the laws of the Commonwealth of Virginia The Project shall be administered in accordance with all applicable federal,state and/or local laws and regulations. 10. Permits. The Recipient will obtain all necessary permits for all work associated with the Project 11. acefiem. MI notices, approvals, consents,requests and other communications under this Agreement shall be in writing and shall be deemed to have beep given when delivered in parson, or when seat by Federal Express or a comparable empress courier service, or when mailed by registered or certified mail,postage prepaid, addressed to the parties at the following addresses or such other addresses as a party may designate by prior written notice to the other: (a) if to VDOT: Virginia Department of Transportation 1401 East Broad Street Richmond,Virginia 23219 Atm: Chief Financial Officer with a copy to: Virginia Department of Transportation 1401 East Broad Street Richmond,Virginia 23219 Art:Director,Financial Planning Division and 6 Office of the Attorney General 900 East Main Sheet Richmond,Virginia 23219 Attn:Senior Assistant Attorney General,Chief-Transportation Section (b)if to the City: City Manager 2401 Courthouse Drive, Building 1,Municipal Center Virginia Beach,Virginia 23456 with a copy to: City Attorney 2401 Courthouse Drive,Room 260 Building 1,Mmidpal Cater Virginia Beach,Virginia 23456 12. Ferre Aseement This Agreement, together with the Exhibits, constitutes the entire agreement of the parties with respect to its subject matter and supersedes all prim or contemporaneous, oral or written agreements or understanding with respect to such subject matter. 13. Countenazts. This Agreement may be aerated in cormtcrparte,each of which shall be deemed to be au original,but which together shall constitute one and the same agreement,and pending receipt of the original executed cormtapmt,an executed counterpart transmitted electronically in Portable Document Format(PDF)shall be deemed and serve as the original executed carmterpart IN WITNESS WHEREOF,the parties,intending to be legally bound,have executed this Agreement on the date first written above. VIRGINIA DEPARTMENT OF TRANSPORTATION By: /O' Name: Gregory A.Whitley Title: Commonwealth Transportation Commissions 7 CITY OF VIRGINIA BEACH By AL LisEk (SEAL) Name: Title: City ManagedAutharized Designee of City Manager ATTEST. D Yta /91e e Rath R Ram.cls APPROVED AS TO CO fla„A CERTIFIED AS TO AVA].ABDAfTY APPROVED AS TO LEGAL OF FUNDS: SUFFICWRCY: Finance gj� Ci� S EXHIBIT A PROJECT DESCRIPTION The Transportation Partnership Opportunity Fund grant will be used to finance the cost of. Fifty percent(50%)of the$35,000,000 purchase price of Norfolk Southern Right of Way defined as the "Property"in Section 1.1 of the Agreement for Purchase and Sale between Norfolk Souther Railway Company and the City, dated September 4, 2009 (hereinafter, the "Norfolk Southern Purchase Agreenenfl, provided the purchase transaction contemplated under the Norfolk Southern Furthest Agreement doses and provided that Norfolk Southern conveys the Property to Virginia Beach by Quitclaim Deed,in accord with the tams set out in Section 5 of the Norfolk Southern Purchase Agreement,and free and dear of any liens,mortgages, treats or other encumbrance by Norfolk Souther other than as set forth in Section 5. Fifty Percent(50%)of the cost incurred by the City to purchase the Easement and assignment of the VEPCO lease described in Section 19 of the Norfolk Southern Purchase Agreement,provided: ()the City madam the Option prior to the date that the Option expires,as set forth in the Norfolk Southern Purchase Agreement as amended by that certain Amendment to Agreement for Purchase and Sale dated December 29, 2009 between Norfolk Southern and the (Sty, Cir) the purchase price for Virginia Beach to purchase the easement and lease is a total of $5,000,000; (iii) the Basement and assignment of the VEPCO lease are conveyed to the City free and clear of any liens,mortgages,trusts or other encambrmoes by Norfolk Southern; and(iv)the City utilizes all Lease Revenues derived from the lease as provided in Sections 2(bXii)and 2(d)(ii)hae:ir. 9 EDIT B PROJECT BUDGET SOURCES OF FUNDS Project Budget Task Cost Purchase and Sale between Norfolk South®Railway Company and the City of Virginia Beach $35,000,000 Purchase of the Easement and Assignment of the VBPCO Lease $5,000,000 Total $40,000,000 Sources of Fonds Sources Anoint Purchase and Sale between Norfolk Southern Railway Company and the City of Virginia Beach Transportation Partnership Opportunit Pond $17,500000 City of Virginia Beach $12,500,000 Regional Surface Transportation Program Funds(HILT) $ 5,000,000 Purchase of the Basement and Assignment of the VEPCO Lease (Only if Option to Purchase is exercised by Virginia Beach) Transportation PfMership Opportunity Pond $2,500,000 City of Virginia Beach $25004QO Total $40,000,000 10 ESBIT C GOVERNOR'S FEBRUARY 25,2009 AWARD Decision Brief for The Honorable Timothy N.Karns Request Gomm?e'lice to mord fmmc_1 mina=iron the Ttsospoetaket romanT Oppontmity Fond to mist In w>opleine atimencing pmt forme patehmof xisheofMtY mond Mme Neat Rouen Commie=looked hctwem Nemusn Rod and the OmmSeot m Me City of-Virginia Beedh Resmmesnda5on: Bu re o>onmded that the Governor anthem*"plow W me S20.000,03O Vont to the City of Virginia Heat for the panne of des Ogle-el-my. trte.. raj n— Yak, Reit Dither,'Oct CONCURRENCE Scn bty of Transponat on Det atny of Commerce and Tema; Recommend Recommend V Re�co„�mmend vat uod%r�t mm n Recommend we MS Lien DD T • , lin Dm, -en I 1, -.1, ►, o Mae 's Date SesrNary of Flies: Rconnend CI �. Recommend wl ModfhaNbn fY deme.m — elahuLdodereAn DeM �! Am, Cem APPROVAL ApprovmlWl wl Momlicre O Dory O Governor: , )/ el(1 �_ �� ' v µ f wig give ! esrf ROW Mtof �N a+Js � 'is � ufi �f1e�msfrwrd ux1���-- utAlt0 CPR. (ao t 9 awe fl/q' is- CO taco Or- rt//Ol" amt/ 11 EXHIBIT D REQUISITION FOR DISBURSEMENT (ON RECIPIENT LETTERHEAD] [Date] Director Financial Planning Division Virginia Department of T aospor atioo 1401 East Broad Street Richmond Virginia 23219 Re: Trampattatioa Partnership Oppertenity Fend [ 1 Dear: This requisition is submitted in connection with the Grant Agreement dated as of[Date](the "Agreement"),between the Virginia Department of Transportation and the City of Virginia Reach(the"Recipient). The tmdenigned authorized remmentative of the Recipient hathy requests disbursement of proceeds under the Agreement in the amount of S for the purposes of payment of project The undersigned certifies that the amounts requested by the requisition will be applied solely and exclusively to the payment,or to the reimbmaaneot of the Recipient for thepaymeat of project costs as specified in the Transportation Partnership Opportunity Fund Grant Agreement,dated September 2010,between the City of Virginia Beach and the Virginia Department of Transportation. Sincerely, Recipient's Authorized Representative Title Attachments Exhibit E AMENDMENT TO ESCROW AGREEMENT THIS AMENDMENT is made and mewed the 15th day of September,2010,by and among NORFOLK SOUTHERN RAILWAY COMPANY('Sella");the CITY OF VIRGINIA BEACH,VIRGINIA("Purchaser");and INDEPENDENT TRUSTEES,INC. ('Escrow Agent"). RECTTALS WHEREAS,Sella rad Purchaser are patties to that certain Agreement for Purchase and Sale(the"PSA')dated as of September4,2009,as amended by that certain Amendment to Agreement for Purchase and Sale(the"Amended PSA")dated December 29,2009(the PSA and the Amended PSA shall be collectively referred to herein as the"Peek=Contract"),for the sale of certain property descnbed therein located in Virginia Beach,Virginia(the"Property"); WHEREAS,Seller,Purchaser and Escrow Agent are parties to en escrow agreement dated December 29,2009,whereby prior to and without the recordation of the Quitclaim Deed, the parties agreed under the tams of the Purchase Contract to preliminarily close the transaction in escrow pursuant to the tams of that certain escrow apoammt(the"Escrow Agreement'); such preliminary cdosmg hi escrow being hereinafter referred to as the"Escrow Closing";the tarn of the Escrow Agreement having been extended by an August 31,2010 exchange of e-mails among the parties to the Escrow Agreement WHEREAS,pursuant to the Escrow Agreement,Seller and Purchaser did in feet hold an Escrow Closing,whereby certain docents were placed in escrow along with the sem of Tea Million and 00/100 Dollars($10,000,000.00),and said documents are currently held by the Escrow Agent and the said sum is held in an interest-bearing account; WHEREAS,by a Second Amendment to Agreement for the Purchase and Sale dated as of September 4,2009,the parties have agreed to the following changes in the terms ofthe transaction: (i)providing for the payment to Seller of$30,000,000 as part of the disbursal of funds and documents(the"Disbursal")by the Escrow Agentpursuant to the terms of the Escrow Agreement(as amended as described hereafter);(ii)as part of the Disbursal(as a final act of the Escrow Agent during the Disbursal)providing Seller with Purchaser's written exercise of the option granted under Section 19 of the Amended PSA and a separate Option Agreement(the "Option'),so that Purchaser will purchase the Easement(as that tam is described in Section 13.12(a)(ii)of the PSA)by September 29,2010;(ill)changing the tams of the Option Agreement(iv)providing for the receipt by NSR as pat of the Disbursal of a fully-executed agreement between Seller and the Transportation District Commission of Hampton Roads ("HILT")by which HRT commits to pay NSR the sum of$5,000,000.00 over five(5)years in equal$1,000,000.00 amounts(the"HRT Agreement);and(v)modifying the Escrow Agreement to accamt kr the aforementioned changes,and the parties enter into this Second Amendment about these changes. NOW,THEREFORE,in consideration of the agreements contained haein and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the parties agree that effective September 15,2010,the Escrow Agreement is hereby amended as flows: 1. The parties agreed to a revised Option Agreement,and by execution of this Amfmdment,the Escrow Agent haby ackttowledges the receipt of two(2)counterpart originals of a revised Option Agreement executed on behalf of Seller and Purchaser(the"Revised Option Agreement),as a substitute for and to take the place of the two(2)contapart originals of the Option Agreement previously signed and which previous Option Agreement Ott originals Escrow Agent shall destroy. 2. The Escrow Agent hereby also acknowledges the receipt of(2)counterpart originals of an agreement between HRT and Sella concerning HRVs commitment to pay Seller $5,000,000.00 in five(5)equal amounts ova five consecutive years,with the first 51,000,000.00 being due and payable in federal fiscal year 2011 betwom lily 1,2011 and October 1,2011,and the other four(4)equal amounts ofS1,000,000.00 being due and payable thereafter,in consecutive federal fieri years 2012-2015,also between July I and October 1 in those four(4) following consecutive yens(the"HRT Agreement")and at(1)counterpart original farm Purchaser of the Exercise Lena(as hereinafter defined), 3. The parties acknowledge that the Ferebee Affidavit was successfully recorded among the land records of Virginia Beach,Virginia and that therefore Section 3(x)of the Escrow Agreement is no longer of any effect 4. Section 2 of the Escrow Agreement is hereby deleted and is replaced with the following Section 2: "Seamen Instructions. In the event that Purchaser delivers to Escrow Agent the following items: (a) 520,000,000.00 of the Purchase Price of the property($17,500,000.00 from the Virginia Department of Transportation("VDOT")and$2,500,000.00 from Purchaser);plus (b) A folly executed and binding agreement between Seller and HRT whereby HRT commits to pay Seller$5,000,000.00 in five(5)equal amounts over five consecutive)ears,with the first S1,000,000.00 being due and payable in federal fiscal year 2011 between July 1,2011 and October 1,2011,and the other four(4)equal amounts of$1,000,000.00 being due and payable thereafter,in consecutive federal fiscal years 2012-2015,also between July 1 and October 1 in those fair(4)following consecutive yeas(the"HRT Agreement");plus (c) S5,000,000.00 of the purchase price for the Option(as defined below) ($2,500,000.00 from VDOT and 52,500,000.00 from Purchaser);plus .(d) A fully executed and binding letter of=excise by Purchaser of the option granted under Section 19 of the PSA and a separate Option Agreement(the"Option"),so that Purchaser will purchase the Easement(as that term is descmbed in Section 13.11(a)(ii)of the PSA)for$5,000,000.00(52,500,000.00 from VDOT and 52,500,000.00 from Purchaser)by September 29,2010(the"Exercise Letter'); then Escrow Agent shall prompdy proceed with closing the transaction pursuant to the instructions set forth in this Section 2 and in any other written document executed on behalf of Seller and Purchaser. Accordingly,Escrow Agent shall retard the+m—g Recordable Closing Documents in the following order(listed first to last): (a) Boundary Plat. (b) Quitclaim Dee& Immediately therrea0er,Escrow Agent shall deliver to Seller(A)the sum of$30,000,000.00 by wire or check,(B)all interest earned on City's Payment by wire or check,(C)one(1) cmmtapart original ofboth the Revised Option Agreement and the Assignment,and(D)one(1) cormtapart original of the ERT Agreement and the Exercise Letter. In additiaa,the $5,000,000.00 for the Option will be paid to Sella on a date mutually agreed upon between Pur haler and Seller,but in no wait shall such date be later than September 29,2010. In addition,also immediately thereafter,Escrow Agent shall deliver to Purchaser(X)one (1)counterpart original ofboth the Revised Option Agreement and the Assignment,and(Y)one (1)copy of each of the other Rnnatn4eg Closing Documents,except Purchaser shall not receive a copy of the HRT Agreement and the Exercise Letter. Escrow Agent shall also deliver to HRT one(I)counterpart original of the HRT Agreement. 5. leg. on. Section 3 of the Escrow Agreement is hereby deleted and is replaced with the following Section 3: "In the event of a Taming/ion Event(as defined below),mires otherwise instructed by both Sella and Purchaser in writing,Escrow Agent shall promptly(a)deliver to Seller a payment equal to all interest earned on City's payment through the date of the respective Tame:Latieo Event,(h)deliver to Purchaser a check for$10,000,000.00,and(o)release the counterpart originals of the Recordable Closing Doormats to each respective party executing same. In addition,in the event that the Escrow Agreement is terminated,Escrow Agent shall deliver to VDOT the remaining$20,000,000.00 of the Purchase Price provided such amount has been delivered to Escrow Agent For purposes of this Section 3,a'Termination Evert' shall be one of the following: (x) Failure(A)by Purchaser or VDOT to deliver to Escrow Agmt by September 24, 2010 the remaining$20,000,000.00 of the Purchase Price and(B)by Purchaser to deliver to Escrow Agent by September 24,2010 the Exercise Letter (y) Failure by Seller to deliver to Escrow Agent the BRT Agreement by September 24,2010;or (z) Written notice to Escrow Agent by either party sued under penalties of perjury that the Purchase Contract has been terminated punuant to the tams set forth therein? 6. )vl scellaneoas. Unless otherwise specifically defined to the cannery in this Amadment,the Isms used in this Amendment shall have the same definition and meaning as set forth in the Amended PSA,as amended. In the event of a conflict between the tams, conditions and previsions of this Amendment and those of the Escrow Agreement,the tams, conditions and provisions of this Escrow Agreement shall prevail. Except as otherwise modified by this Amendment,the Escrow Agreement shall continue in it'll force and effect. IN WITNESS WHEREOF,the parties have hereunto set their bands and affixed their seals,the day and year first above written This Amendment may be executed by facsimile which each party shall dean to be an original. NORFOLK SOUTHERN RAILWAY COMPANY By: F.Blair Wimbush Vice President [Signatures continue on the following pages) Attest: CITY OF VIRGINIA BEACH,VIRGINIA: By: (SEAL) James IC Spore,City Manager APPROVED AS TO CONTENT: APPROVED AS TO FORM: Public Works/Real Estate City Attorney ESCROW AGENT ATTEST: INDEPENDENT TRUSTEES,INC. By. Secretary Name: Title: 0,141A BEq H O� ?O 2 City of Virginia Seach u oA ow, NM,o,0� WILLIAM a SESSOMS.JR. MUNICIPAL CENTER M YOR BUILDING I In Reply Re er to 0060197 2401 COURTHOUSE DRIVE VIRGINIA BEACH.VA 23456-9000 (757)365-4561 FAX(757)3a5.6689 wsessoms@vbgov corn March 21, 2017 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure 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 making this disclosure regarding City Council's discussion and vote on a resolution directing the City Manager to immediately repay the $20 million Transportation Partnership Opportunity Fund Grant used towards the City's acquisition of the former Norfolk Southern right-of-way. 2. The Secretary of Transportation, in a March 8, 2017 letter, addressed both the $20 million repayment and the City's potential application for a TPOF grant to partially closure Atlantic Avenue. The developer of the Cavalier Project is seeking the partial closure in conjunction with the Project. 3. I have a personal interest in TowneBank, which is located at 600 22" Street in Virginia Beach. Cavalier Associates, LLC the developer of the Cavalier Project—has previously disclosed that l owneBank is one of the corporation's financial services providers. 4. The City Attorney has advised me that the Act allows me to participate without restriction in City Council's consideration of this resolution because it is not reasonably foreseeable that TowneBank may realize a direct or indirect benefit or detriment as a result of this transaction. Mrs. Ruth Hodges Fraser -2- March 21, 2017 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(F) 5. Nevertheless, because of the potential perception that the $20 million repayment and the Cavalier Project developer's desire to partially close Atlantic Avenue may be related, in order to avoid any appearance of impropriety, I have chosen to abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, William D. Sessoms Mayor WDS/RRI �4GliA EgCfr8cH. H 2 City of Vir�iriia Beach L1/4:t COR, JOHN E URRIN PHONE (757)2004005 COUNCILMAN DISTRICT 6-BEACH JUHRINOVBGOV COM In Reply Refer to 0060196 March 21, 2017 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 disclosure: 1. I am making this disclosure regarding City Council's discussion and vote on a resolution directing the City Manager to immediately repay the $20 million Transportation Partnership Opportunity Fund ("TPOF") Grant used towards the City's acquisition of the former Norfolk Southern right-of-way. 2. The Secretary of Transportation, in a March 8, 2017 letter, addressed both the $20 million repayment and the City's potential application for a TPOF grant to partially closure Atlantic Avenue. The developer of the Cavalier Project is seeking the partial closure in conjunction with the Project. 3. I have a personal interest in East Beach Realty, which does business as Cavalier Realty Associates and is located at 300 West Freemason Street in Norfolk. East Beach Realty is marketing homes adjacent to the Cavalier on the Hill, which is part of the Cavalier Project. 4. The City Attorney has advised me that the Act allows me to participate without restriction in City Council's consideration of this resolution because it is not reasonably foreseeable that East Beach Realty may realize a direct or indirect benefit or detriment as a result of this transaction. 215 ATLANTIC AVENUE,VIRGINIA BEACH,VIRGINIA 23451 Mrs. Ruth Hodges Fraser -2- March 21. 2017 Re: Abstention Pursuant to Conflict of Interests Act § 22-3115(F) 5. Nevertheless, because of the potential perception that the $20 million repayment and the Cavalier Project developer's desire to partially close Atlantic Avenue may be related, in order to avoid any appearance of impropriety, I have chosen to abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sine rely, d hn E. Uhrin Councilmember JEU/RRI 75 Item-VI-15 ORDINANCES/RESOLUTION ITEM#66906 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachment into a portion of City property known as Treasure Canal re a private pier at the rear of 2248 Windward Shore Drive DISTRICT 5- LYNNHAVEN IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE temporary encroachment into a portion of City property known as Treasure Canal re a private pier at the rear of 2248 Windward Shore Drive DISTRICT 5-LYNNHAVEN 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 and is more particularly described as follows: 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, and that within thirty (30) days after the notice is given, the temporary encroachment must be removed from the encroachment area by the Grantee. The Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed the Grantee shall indemnint, 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 the Grantee agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. March 21, 2017 76 Item-VIJ.5 ORDINANCES/RESOLUTION ITEM#66906 (Continued) 7. It is further expressly understood and agreed the Grantee shall establish and maintain a Riparian Buffer, which shall be a minimum of fifteen (15)feet in width landward from the shoreline, shall run the entire length of the shoreline and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July or August so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Environment and Sustainability Division of the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. 8. It is further expressly understood and agreed 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. 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. 9. It is further expressly understood and agreed that the temporary encroachment must conform to the minimum setback requirements, as established by the City. 10. 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 V 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 Twenty-first day of March, Two Thousand Seventeen. March 21, 2017 77 Item-VI-J.5 ORDINANCES/RESOLUTION ITEM#66906 (Continued) Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin and James L. Wood Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: Rosemary Wilson March 21, 2017 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 PROPERTY KNOWN AS TREASURE 7 CANAL, LOCATED AT THE REAR OF 8 2248 WINDWARD SHORE DRIVE 9 10 WHEREAS, Michael Griese and Kathy L. Griese desire to maintain an 11 existing vinyl bulkhead with 18"wood cap, and to construct and maintain a private pier(U- 12 shaped and extending approximately 32' into the canal), a 18'x 32' open-sided roof and a 13 12' x 12' boat lift upon the City's canal known as Treasure Canal, located at the rear of 14 2248 Windward Shore Drive; and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Michael Griese and Kathy L. 25 Griese, their heirs, assigns and successors in title are authorized to maintain the existing 26 vinyl bulkhead with 18"wood cap, and to construct and maintain a private pier(U-shaped 27 and extending approximately 32' into the canal), a 18'x 32' open-sided roof and a 12'x 12' 28 boat lift in the City's property as shown on the plat entitled:"EXHIBIT A ENCROACHMENT 29 REQUEST FOR MICHAEL AND KATHY GRIESE LOT 54, SECTION ONE BAY ISLAND 30 LYNNHAVEN DISTRICT (M.B. 45, PG. 37)," prepared by Water Consulting, Inc. dated 31 August 25, 2016, a copy of which is attached hereto as Exhibit "A" and on file in the 32 Department of Public Works and to which reference is made for a more particular 33 description; and 34 35 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 36 expressly subject to those terms, conditions and criteria contained in the Agreement 37 between the City of Virginia Beach and Michael Griese and Kathy L. Griese (the 38 "Agreement"), an unexecuted copy of which has been presented to the Council in its 39 agenda,and will be recorded among the records of the Clerk's Office of the Circuit Court of 40 the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 1 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as Michael Griese and Kathy L. Griese and the City Manager or his authorized 46 designee executes the Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21st day of 49 March , 2017 CA- 13837 R-1 PREPARED: 3/3/17 \\vbgov com dtst\applications\cirylawprod\cycom32\wpdocs\d001\p020\00330254.doc APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM �\ ) , PUBLIC WORKS, REAL ESTAT DANAR.'HA M ER SENIOR CITY ATTORNEY 2 �p� GP r fiet n JP X00 N/F D.C. MYERS svOC 4: �P�P90007i 2409-09-6220 \�, _ 1i ✓ 16 x LOT 53 m 200207313010058 0` . ,::err{; PROPOSED i S ' F .in. , '/ PRIVATE PEIR AND o' ,'-,14-41‘1.'f," cv,1 1 , 18' x32' OPEN-SIDED ROOF )1 ) EXISTING I,)1IC,21�`>S PROPOSED PRIVATE PIER(TYP) PIER & BOAT S 54'19 07 W y Y PROPOSED 19412 BOAT UFT HOUSE -5'74 A,),j� )�� PROPOSED 15x32 ROOF cz ✓ � �% 'y O, N 87132._61.i.,-1-202) . X . v ,► x \y�/ �>y yVU` a O EXISTING VINYL p01 yr/( y �' '�f 9; �% `Z�. BULKHEAD WITH 0'� 18" WOOD CAPy �,'S.d 950 SF BUFFER X. i yK ��� /j ? 4Y RESTORATION <,/,/,,,c. ///,,' . N 'v, 4, 9, III IPF 0 117.91' f 1 1 k' yYs 1 1 LOT 55 1,639 SF BUFFER /� x vu '� N/F D.H. DARROW RESTORATION ✓�yA,:� m1 2409-09-7055 v../- _ _ - 1 ilie 200509020140924 °� I11 w 1 rn1 5' DRAINAGE ESMT. �0yTH Op GJ+�' E5'SMT.DRAINAGE \ N/ o �� c, 11 1x11 C2 GREGORY O.MILSTEAD o' GPIN 2409-09-5081 1 1 2..31 . Lic. No. 047323 INST: 20151028001057610 PROPOSED , I2f r 8JIV A (MM. 45, PG. 37) IMPROVEMENTS S4570NAL ENG 0 26• 50' I B� 1'n25' ©2016 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED. I7.77 sionci EXHIBIT A i CONSULTING, ENCROACHMENT REQUEST FOR 2528OUALAV COURT.STE 323 MICHAEL and KATHY GRIESE VIRGINIA BEACH,VA 23454 PROF AX:(Mi)4264244,CELL(M7)6194902 LOT 54, SECTION ONE ENGINEERING SERVICES PROVIDED BY: BAY ISLAND M. CHESAPEAKE BAY SITE SOLUTIONS,INC. ( 0.45, PG. 37) 3913 CROMWELL PARK DRIVE LYNNHAVEN DISTRICT DATE: AUGUST 25, 2016 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 ?hk day of IJ£,uembEr , 201r , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and Michael GRIESE, and Kathy L. GRIESE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Site 54"; as shown on that certain plat entitled: "Subdivision of Bay Island, Section One Princess Anne Co. VA Lynnhaven Magisterial District" which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37 and 37A, and being further designated, known, and described as 2248 Windward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain the existing vinyl bulkhead with 18" wood cap, and to construct and maintain a private pier (U-shaped and extending approximately 32' into the canal), a 18' x 32' open-sided roof and a 12' x 12' boat lift, collectively the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City canal known as Treasure Canal Inlet the "Encroachment Area"; and GPIN: 2409-09-5081 - 2248 WINDWARD SHORE DRIVE, VIRGINIA BEACH, VA 23451 CITY CANAL— NO GPIN REQUIRED OR ASSIGNED 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 MICHAEL AND KATHY GRIESE LOT 54, SECTION ONE BAY ISLAND LYNNHAVEN DISTRICT (M.B. 45, PG. 37)," dated August 25, 2016, prepared by Waterfront Consulting, 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 that within thirty (30) days after the notice is given, the Temporary Encroachment must 2 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 shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Environment and Sustainability Division of the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready 3 for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. 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. 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 Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 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 4 this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Michael Griese and Kathy L. Griese, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 201_, by CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 By Ail Michae it I.nese, Owner By Laza Kathy L. G ' se, Owner STATE OF CITY/COUNTY OF ViifN..t 3(461 , to-wit: The foregoing instrument was acknowledged before me this cY 5 day of Ylib✓fmhd , 201i, by Michael Griese. (SEAL) Notary Public ,'0.000. AL%i' , t. M NO rel a$� t0 '� < At Notary Registration Number: (001340? 'O ' a ;7' 4=4 me at k My Commission Expires: JUl'71� 070/1 '•,�'�y, .--LIG„ \z� F• O0-11 OF p sssssssssssssss STATE OF CITY/COUNTY OFUI:VT/AA V a4 , to-wit: The foregoing instrument was acknowledged before me this 095 day of 100✓rnnhr , 201 L , by Kathy L. Griese. LA. „P kgrpr L Notary P blit �'�,�S�C�,,.ALI�Ct��W'�'`, ) r SOT Atik °A 9 r Camm.&pini Notary Registration Number: 03462 :O li 6 o 0 • 40123607 ct it? Ii o 1 Ft My Commission Expires: L,�o Ue��� v.• 7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIGNATURE -,v_ (s.—i-I• DANA Rt-HA YER c �. \2. (� (� � l� SENIOR CITY ATTORNEY -Ruf. T T-<� s DEPARTMENT 8 aPNe GP / LOT 53 TQC i'JI tr. OpO i1/4 c09ss V � N/F D.C. MYERS �P� �Y', P� F� cli a 2409-09-6220 \���c-,;' �-t . 200207313010058 �. o ;' fjl. )/ PROPOSED c, ,,,)'172,75---1.,' PRIVATE PEIR AND 1( �`c ('A V 18' x 32' OPEN-SIDED ROOF 7 j 4:,1),./ EXISTING l` C r*/ PROPOSED PRIVATE PIER(TYP) PIER & BOAT 5 5419'07" W 0.‘07 PROPOSED 12K12 BOAT LIFT HOUSE Y 5 74 �,�C��) �PROPOSED 19932 ROOF TA'_,c'. (1' ):-:.- -, { N 37'35'05' E. 'moo?J ry+ xhj ,�� 3, \ Q \ >\> /\ '�/,A</ ./X1/ JI \� .O. O EXISTING VINYL 7 p00 yY \,' /997 .�� a '\ 7 Y-3 BULKHEAD WITH 4 / : e ✓ j� n IS" WOOL GA", ‘‘‘G 950 SF BUFFER � • : �i Y X ��Qp • ' co RESTORATION �l / y �,� y, � � \ 204 I . -moi , , ii , /� �. 4 IPF 0 117.91' / LOT 55 1,639 SF BUFFER X y �., N/F D.H. DARROW RESTORATION �//'y ': in 2409-09-7055 Y J - o� 200509020140924 �it 1 1 �� w 1 I r11 5' DRAINAGE ,g1,'f11 OF J 5' DRAINAGE i..--- P ESMT. O'S'�� �Cr ESM7. 114 `•''ll c2 GREGORY 0.15151 EO 9 LOT 54 ;$'I GPIN 2409-09-5081 1 h-‘. Lic. No, 047323 INST: 20151028001057610 PROPOSED 10.9 12`S11V 0s (M.B. 45, PG. 37) IMPROVEMENTS BSSrONAL ENlA G D 25• 50• 1•-25 ©2016 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED. pr.,. C WATERFRNGONT T EXHIBIT A ,`�� ENCROACHMENT REQUEST FOR 2599 COAUTY COURT.STE 323 MICHAEL and KATHY GRIESE VIRGINIA BEACH.VA 29151 PItFAx:(767)4254244,CELL:(757)319.7902 LOT 54, SECTION ONE ENGINEERING SERVICES PROVIDED BY: BAY ISLAND CHESAPEAKE BAY SITE SOLUTIONS,INC. (A1.a.45,PG. 37) 3913 CROMWELL PARK DRIVE LYNNHAVEN DISTRICT DATE: AUGUST 25, 2016 Part 2—Signatures (continued) ADJACENT PROPERTY OWNER'S ACKNOWLEDGEMENT FORM I (we), David K SOW , own land nextlo(across (Print adjacent/nearby property owner's name) the water from/on the same cove as)the land of MOW el(Mase . (Print applicant's name(s)) I have reviewed the applicant's project drawings dated December 7,2015 (Date) _ to be submitted four all necessary Federal,.state and local permits I HAVE NO COMMENT ABOUT THE PROJECT. I DO NOT OBJECT / TO THE PROJECT12; f " s 4r+ . I OBJECT TO THE PROJECT. U The applicant has agreed to contact me for additional continents if the proposal changes prior to construction of the project (Before signing this form be sure you have checked the appropriate option above). Adjacent/nearby wner's signature(s) Date Note: If you object to the proposal,the reason(s)you oppose the project must be submitted in writing to VMRC. An objection will not necessarily result in denial of the project; however, valid complaints will be given full consideration during the permit review process. • Revised: July 2012. Il Part 2 — Signatures (continued) ADJACENT PROPERTY OWNER'S ACKNOWLEDGEMENT FORM I (we), Don A.Myers own land next to(across (Print adjacent/nearby property owner's name) the water from/on the same cove as) the land of Mrghael(rime (Print applicant's nante(s)) I have reviewed the applicant's project drawings dated December 7,2015 (Date) to be submitted for all necessary Federal,State-an ns:Ise petmitt.__,. I HAVE NO COMMENT ABOUT THE PROJECT. I DO NOT OBJECT X TO THE PROJECT. I OBJECT TO THE PROJECT. The applicant has agreed to contact me for additional comments if the proposal changes prior to construction of the project. (Before signing this form be sure you have checked the appropriate option above). Adjacent/nearby prop- -.wner's signature(s) oi/ zb ( l7 Date Note: If you object to the proposal, the reason(s) you oppose the project must be submitted in writing to VMRC. An objection will not necessarily result in denial of the project; however, valid complaints will be given full consideration during the permit review process. Revised: July2012 11 OtNA BfgC �4 • yt Or` O I 2 City of Virginia Beach u n % 9 S 9 O. Nlt1fli'' V the,, e.com WILLIAM D.SESSOMS.JR. MUNICIPAL CENTER MAYOR BUILDING 1 2001 COURTHOUSE DRIVE VIRGINIA BEACH.VA 23456-9000 In Reply Refer to 0060208 (757)385.4581 FAX 175713855699 wsessoms.4 vbgov corn March 21,2017 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 temporary encroachments into a portion of the City property known as Treasure Canal, located at the rear of 2248 Windward Shore Drive. 2. The ordinance was requested by Michael and Kathy Griese. They are the property owners of 2258 Windward Shore Drive, and they have disclosed that TowneBank is a financial services provider with respect to their property. 3. 1 have a personal interest in 'I'ownel3ank, which is located at 600 22"° 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, je William D. Sessoms Mayor WDS/RRI OA B r..•GtNtl`'B£Aiy ttib C'7 >! City of Virginia 1E3e��clz &Vt. . " ,r+t ]y •-;_°101 PI�ti-A ROSEMARY WILSON PHONE. (757)422-0733 COUNCIL LADY AT-LARGE FAX'. (757)365.5669 In Reply Refer to 0060209 March 28, 2017 Mrs. Ruth I lodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(1) 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 March 21, 2017 on an ordinance to authorize temporary encroachments into a portion of the City property known as Treasure Canal, located at the rear of 2248 Windward Shore Drive. 2. The ordinance was requested by Michael and Kathy Griese. They are the property owners of 2258 Windward Shore Drive, and they have disclosed that Dixon I lughes Goodman is one of its service providers. 3. I have a personal interest in Dixon Hughes Goodman because I receive income from the firm as a result of my late husband's employment by the company. The income is proceeds from the sale of his partnership interest, paid out over an extended period of time. Dixon I Iughes Goodman's address is 272 Bendix Road, Suite 500, Virginia Beach, Virginia. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction, because I do not personally provide services to the applicant, 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451 Mrs. Ruth Hodges Fraser -2- March 28, 2017 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(1) the Act provides that I could have participated in Council's discussion and vote on this application, upon disclosure of this interest. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, 4 Rosemary A. Wi son RAW/RRI 78 Item-VI-J.6a ORDINANCES/RESOLUTION ITEM#66907 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, Ordinance to DONATE truck scales from Virginia Beach Police Department(VBPD): a. Twelve(12)to the Department of Air Force Police 733d Security Forces Squadron at Fort Eustis Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara Al Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson March 21, 2017 1 AN ORDINANCE TO DONATE TWELVE (12) HAENNI 2 WL101 WHEEL LOAD WEIGHER SCALES TO THE 3 DEPARTMENT OF AIR FORCE POLICE 733D SECURITY 4 FORCES SQUADRON AT FORT EUSTIS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 Whereas, pursuant to Virginia Code § 15.2-953(C), the City may donate personal 10 property to another governmental entity outside of the Commonwealth of Virginia; and 11 12 Whereas, twelve (12) Haenni WL101 Wheel Load Weigher Scales belonging to 13 the Virginia Beach Police Department's Motor Carrier Unit no longer serve a useful 14 purpose for the City of Virginia Beach; and 15 16 Whereas, the Department of Air Force Police's 733d Security Forces Squadron 17 at Fort Eustis has requested that the City of Virginia Beach donate the scales in 18 question in order to help bolster their motor carrier unit's capabilities. 19 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the twelve (12) Haenni WL101 Wheel Load Weigher Scales belonging to 25 the Virginia Beach Police Department's Motor Carrier Unit are hereby donated to 26 Department of Air Force Police's 733d Security Forces Squadron at Fort Eustis, 27 Virginia. Adopted by the Council of the City of Virginia Beach, Virginia on the 21 s c day of March , 2017. Approved as to Content: Approved as to Legal Sufficiency: ‘---2 evvieto Chief James Ce era Eliz th Bradley D3d'arnette Virginia Beach Police Department Public Safety Attorney CA13901 R-1 March 1, 2017 79 Item-VI-J.61) ORDINANCES/RESOLUTION ITEM#66908 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY CONSENT, Ordinance to DONATE truck scales from Virginia Beach Police Department(VBPD): b. Ten (10) to the Federal Emergency Management Agency (FEMA) Warehouse Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson March 21, 2017 1 AN ORDINANCE TO DONATE TEN (10) HAENNI WL101 2 WHEEL LOAD WEIGHER SCALES TO THE FEDERAL 3 EMERGENCY MANAGEMENT AGENCY (FEMA) 4 WAREHOUSE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 Whereas, pursuant to Virginia Code § 15.2-953(C), the City may donate personal 10 property to another governmental entity outside of the Commonwealth of Virginia; and 11 12 Whereas, ten (10) Haenni WL101 Wheel Load Weigher Scales belonging to the 13 Virginia Beach Police Department's Motor Carrier Unit no longer serve a useful purpose 14 for the City of Virginia Beach; and 15 16 Whereas, the Federal Emergency Management Agency (FEMA) Warehouse, 17 located at 513 Viking Drive, Virginia Beach, Virginia has requested that the City of 18 Virginia Beach donate in the scales in question. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That the , ten (10) Haenni WL101 Wheel Load Weigher Scales belonging to the 23 Virginia Beach Police Department's Motor Carrier Unit are hereby donated to the FEMA 24 Warehouse located at 513 Viking Drive in Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the 21st day of Mnrrh , 2017. Approved as to Content: Approved as to Legal Sufficiency: // ,Q --1171-4-7.1sV ( 0.� �>.-� / I /> �i�• . . iI /ll Chief James Cervera— Eliza f th Bradley De r% Virginia Beach Police Department Public Safety Attorney CA13901 R-1 March 1, 2017 80 Item—VI-K PLANNING ITEM#66909 1. SALEM LAKES STORAGE,LLC MODIFICATION OF PROFFERS and CONDITIONS 2. 1508 DEDHAM,LLC CONDITIONAL USE PERMIT 3. ROBERT B. and DIANA C.DAVIS CONDITIONAL USE PERMIT 4. SOHO LASHES, LLC CONDITIONAL USE PERMIT 5. CITY OF VIRGINIA BEACH MODIFICATION OF PROFFERS MAYOR SESSOMS WILL ABSTAIN ON ITEM#1 MAYOR SESSOMS WILL ABSTAIN ON ITEM#2 March 21, 2017 81 Item -VI-K PLANNING ITEM#66910 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED, BY CONSENT: Items 1(MAYOR SESSOMS ABSTAIN), 2(MAYOR SESSOMS ABSTAIN), 3, 4, 5 and 6 of the PLANNING AGENDA Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson March 21, 2017 82 Item PLANNING ITEM#66911 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED, AS PROFFERED, and CONDITIONED, BY CONSENT: Ordinance upon application of SALEM LAKES STORAGE, LLC for a Modification of Proffers and Conditions re expansion of the building and parking lot at 1980 Salem Road(Approved May 8, 2012)DISTRICT I—CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SALEM LAKES STORAGE, LLC for a Modification of Proffers and Conditions re expansion of the building and parking lot at 1980 Salem Road (Approved May 8, 2012) (GPIN 1475905719) DISTRICT 1 — CENTERVILLE The following condition shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court The following conditions shall be required: All conditions attached to the Conditional Use Permit granted by the City Council on May 8, 2012, shall be DELETED and REPLACED with the conditions below: 1. The existing wooded area along the eastern property boundary shall be preserved and maintained to the best extent possible. A Landscape Plan shall be submitted that, in addition to all requirements of the Zoning Ordinance, shall depict the proposed supplemental plant material within the existing wooded area along the eastern property line. The species and location of this supplemental plant material shall be coordinated with the Development Services Landscape Architect. 2. All landscape material on the site shall be maintained to ensure the intent of the Category VI Landscape Buffer as outlined in the Virginia Beach Landscaping Guide. Any plant material that is dead, diseased or dying, shall be replaced. 3. A Photometric Plan shall he submitted during the Site Plan review process to ensure that all lighting on the site be shielded and directed downward to limit the amount of overspill outside the property's boundary. 4. When the.site is redeveloped, the property shall be used only for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, auto repair or any other purpose not consistent with the storage of goods. There shall be no exterior(outside)storage of items on the property. 5. There shall be no permanent dumpster located on the site. This Ordinance shall be effective in accordance with Section 107(0 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Twenty-first day of March, Two Thousand Seventeen. March 21, 2017 83 Item—VIILI PLANNING ITEM#66911 (Continued) Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, Al, Benjamin Davenport, Robert M. Dyer, Barbara Al. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,John E. Uhrin and James L. Wood Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: Rosemary Wilson March 21, 2017 0911A•9gcy ,1N 5 CITY OF VIRGINIA BEACH 5 INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-9768 DATE: March 10, 2017 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Salem Lakes Storage, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 21, 2017. I have reviewed the subject proffer agreement, dated December 1, 2016 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS SALEM LAKES STORAGE, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 1st day of December, 2016, by and between SALEM LAKES STORAGE, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of land which is hereinafter referred to as the "Property" located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 2.256 acres. The Property is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the B-2 Commercial Zoning Classification applicable to approximately 2.157 acres of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously approved First Amendment To Proffered Covenants, Restrictions and Conditions, dated June 30, 2012, recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 2012052200056790 (hereinafter "2012 Proffers"), to reflect an amendment to the land use plan applicable to the Property; and PREPARED BY. GPIN: 1475-90-5719-0000 SYkES.DUH OUON. Pre ared B KM AIIERN&LEVY PC. P y: R.Edward Bourdon,Jr., Esquire VSB#22160 Sykes,Bourdon,Ahern&Lew, P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 WHEREAS, it is the intent of the Grantor that the proffered covenants, restrictions and conditions contained herein modify Proffers numbered "r" and "2" as contained in the 2012 Proffers; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed modification of conditions to the zoning gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following amendment to the declaration of Covenants, Conditions and Restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer numbered 1 in the 2012 Proffers is hereby deleted and replaced PREPARED BY sYk SUP,.R01'RDON, with the following"NEW PROFFER #t": ARF.RV&LAT ee 1. When the Property is developed, it shall be landscaped and developed substantially as shown on the exhibit entitled, "SALEM ROAD 2 STORAGE — PHASE 2 1980 SALEM ROAD", dated 10/15/2015, prepared by American Engineering, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Site Plan"). 2. Proffer numbered 2 in the 2012 Proffers is hereby deleted and replaced with the following"NEW PROFFER #2": 2. When the Property is developed, the exterior and building mounted signage of the Salem Road Self Storage building shown on the Site Plan shall be substantially similar in appearance to and shall utilize the external building materials as designated on the three (3) page exhibit entitled, "AREA STORAGE & BUSINESS CENTER A PROPOSED COMMERCIAL STORAGE FACILITY FOR: BURNETTE CAPITAL SALEM RD. VIRGINIA BEACH, VA", dated 11/30/16, prepared by GMF & Associates, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevation Plan"). The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the PREPARED BY Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along 1p MILS. ItoURUoN. with said instrument as conclusive evidence of such consent, and if not so recorded, said 111.aIllure&Leh'.I!r instrument shall be void. The Grantor covenants and agrees that: 3 (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and '.i (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY SYE'ES.ROI TDOx. nntuN &IteY.'.i 4 WITNESS the following signature and seal: Grantor: Salem Lakes Storage, LLC, a Virginia limited liability company J �// By:'' /'an� ( (SEAL) William R. Burnett Jr.,Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 1st day of December, 2016, by William R. Burnette, Jr., Manager of Salem Lakes Storage, LLC, a Virginia limited liability company,Grantor. ✓y/��, — (71/146 Notary . My Commission Expires: August 31, 2018 H, Notary Registration Number: 1926284. �,..; "i b 11.1)4419 P PREPARED BY.. NU SYKES. ROCRUON. AHERN&LLAT.IT. 5 EXHIBIT "A" ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being designated as Parcel 1 on that certain plat entitled, "AMENDED SUBDIVISION OF PARCEL B-1, SALEM LAKES MARKETPLACE, VIRGINIA BEACH, VIRGINIA", dated November 6, 2008, and made by Engineering Services, Inc., said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20090105000006900, to which I reference is made for a more particular description. GPIN: 1475-9o-5719-00 00 H:\AM\Mod of Proffers\Salem Lakes Storage\Second Amendment to Proffers.doc PREPARED BY ®®SPKLS. NOt'fUON. IY!AIIENN&LEVY.PA. 6 S r 7 _�' I C i I il L. 4-C-- I ArliFir) - r - I 1` n , L_ Cl . L I t I I l --� ( ma I•- tj f----t-1. +r �- Y♦ _ i �� __--J1 i r `i-1 i- 1NI _ �`� 1 f I -_,I j I !_ L �- +. I 7 I L------- - `---. I L -J 7 1 r,,` ■ ex _- ---_ -`moi I. T- - l �, v - ---_,I I dim /II ,._._.„441111*--Iwi'laj --_________ I `--- / 1, ---- i ( I,0 r L , ce C3 1 1 t r t i - CI --.-- lift II 1 _ t 1 III l LJT1' 1 IL . CV 1 m ,--r J rI r ET -, - i �r� Cill M - .._...,________ i .II \\ 'CI -= ) .ti 0, ___ — ..d),... if --N WV Ly___'-i, nu ri 1 I_ Ott ) ic U1 L___ vs 1 ti� a. r ,_ .—S Is 1 I? 1 � ce ,, gyp= 8' ? City of Virginia Beach u Ly ei OS OUR NPS1O corn WILLIAM n.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH.VA 234569000 175715654561 FAX(757)9£55699 In Reply Refer to 0060198 wsestoms©v°g°v.com March 21, 2017 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: I am executing this written disclosure regarding City Council's discussion and vote on the application of Salem Lakes Storage, LLC for modification of proffers and conditions regarding property located at 1980 Salem Road. 2. The applicant has disclosed that "fowneBank is a financial services provider with respect to this item. 3. I have a personal interest in TowneBank, which is located at 600 22"d 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, William D. Sessoms Mayor WDS/RRI 84 Item—VI-K2 PLANNING ITEM#66912 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of 1508 DEDHAM, LLC and ACT PARTNERS for a Conditional Use Permit re a Craft Brewery at 2272 West Great Neck Road, #2268 DISTRICTS—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of 1508 DEDHAM, LLC and ACT PARTNERS for a Conditional Use Permit re a Craft Brewery at 2272 West Great Neck Road, # 2268 (GPIN 1590302212) DISTRICT 5 — LYNNHAVEN The following conditions shall he required: 1. The occupancy loadfor the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office. 2. A Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. 3. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 4. There shall be no sale or consumption of alcoholic beverages on the premises between Midnight and 10:00 AM. 5. Live music may be performed only inside the establishment and all doors and windows shall remain closed during such performances, except during the actual ingress and egress of patrons and employees. 6 The outdoor seating area shall not be enclosed by either a solid or chain-link fence, and shall maintain sidewalk clearance as required by the Building Code. 7. All signage onsite shall meet the requirements of the City Zoning Ordinance(CZO). There shall be no neon 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. A separate Sign Permit from the Planning Department shall be required for the installation of any signage. This Ordinance shall be effective in accordance with Section 10709 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Twenty-first day of March, Two Thousand Seventeen. March 21, 2017 85 Item—VI-K.2 PLANNING ITEM#66912 (Continued) Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, Al. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,John E. (Ihrin and James L. Wood Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: Rosemary Wilson March 21, 2017 '5 \ _-- ---'---..-4 ':-"--- ''' C\..„______,..,..\ ,,:i,,,. t 11_,, ''-' ',.. ..;'. 1„ )__.----- i \ 5,--r--') 4 \ \ ; /.--.,1- \) ) ) ..-----"1 -- , . . .q--------1 1 \ ' I -,, \ $111 7 A .,_ • . k____-----' 4-------_------\ ', . 14.------r-- %. ,_...\, . .,,.3,---\\, ........_ ! 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IA . ----- '---- -krec _ ----Grea. , 1 ----- 1------ ... , _._ _. . . ,.....! ._., . _.. ......_ . . k \ L --- - lip __- ----- - Y 1 1 .-' 1 ‘ \ , I ' CA \ I , -11 c VICO rt Fl \ - r"---- " \ 0 1 1 c EICI-- 1 _--1 . ---____-.--li . 1 I \ 1 1 1 1 -It A_--el IL__.... r-- 1:-. 1-----j 1-- -----) _th ,,, 0, % , 1, \ . . ,,. .. ..,,,,. \ ___,, C, -i\ \ , ----- _ . -I -- 1.____i --, L----11 I r 'i II . . 1 1\1111 1 ra , . 1 --- __,--- \ k t 11 __,l- . 1 ' , ' \ I _.---T --- ---'- --'----------CNII `-'- ----.(f. 7_, - ia \ - ___ ,x4GVNV.ABEgc9 04 'AAA a: 5 City of Virginia Beach s: tip. s i SeE F OOP NPr10� V'By,Cc.com WILLIAM D.SESSOMS.JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 In Reply Refer to 0060207 (757)5135-4551 p y FAX(757)555-5599 wsessoms@wgw.corn March 21. 2017 Mrs. Ruth Bodges 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 1508 Dedham, LLC for a conditional use permit to operate a craft brewery at property owned by Act Partners and located at 2272 West Great Neck Circle 42268. 2. The property owner has disclosed that TowneBank is a financial services provider with respect to the property that is the subject of this item. 3. I have a personal interest in TowneBank, which is located at 600 22' 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.. �" - William D. Sessoms Mayor W DS/RRI 86 Item—VI-K.3 PLANNING ITEM#66913 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of ROBERT B. and DIANA C. DAVIS Jar a Conditional Use Permit re a Home-Based Wildlife Rehabilitation at 1804 Rainbow Court DISTRICT I—CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ROBERT B. and DIANA C. DAVIS for a Conditional Use Permit re a Home-Based Wildlife Rehabilitation at 1804 Rainbow Court (GPIN 1475938223) DISTRICT I — CENTERVILLE The following conditions shall be required: 1. The applicant shall comply with all of the provisions of Section 242.3 of the City Zoning Ordinance (CZO) pertaining to a Home-Based Wildlife Rehabilitation facility. 2. No animals shall be dropped-off between the hours 01 70:00 PM and 7:00 AM 3. No animals shall be released at the subject site or within the neighborhood. 4. The applicant shall maintain the existing six(6) -foot high privacy fence that encloses the backyard such that all activity and all structures associated with the Home-Based Wildlife Rehabilitation are screened from view. 5. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 6. A secondary security door area shall be added to the pre-release facility depicted on the site layout prior to occupancy by any animals. This Ordinance shall be effective in accordance with Section 107(/)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Twenty-first day of March, Two Thousand Seventeen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson March 21, 2017 / . \., -,, ., •, --. . V.. ..- ‘-,.. N N 44111100, N., N ..„ ..,„. \: . N N. ''.., „ (----3 , CI LO , Ce . \ N , -.. . . ,. \ ..\ \-\\ . 0,\ , \ .., . 4 `N \ \ ., , \ ,_ . . .. , 0 :::.....„,,,• „, --k:'6.,,, ,,..,._._,, _,„ \ N. 7,::_-:,.„,.,, . . , ..,... _. .7:l.0)'• -::- „ , N\. / \\4/ \ \ •.‘ Wost) '-',. \ . . . --.. Nr .. .... \\\\ , •0 .„ ..„ .. . .. ' ' . I. Ct 5----- - i •.. ..,.., .... .. . ID I \._..., N.„ ____ --\ rj ..„ „..... 0 1 Cs-\ . ., .... . .. %4441%0140e,, 11111 3:\ \‘11IA CNI \ CO \----\ 87 Item—VI-K.4 PLANNING ITEM#66914 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED, and CONDITIONED, BY CONSENT, Ordinance upon application of SOHO LASHES, LLC and POTTER PROPERTIES GROUP, LLC for a Conditional Use Permit re a Tattoo Parlor at 1616 Hilltop West Shopping Center DISTRICT 5—LYNNHAYEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of SOHO LASHES, LLC and POTTER PROPERTIES GROUP, LLC for a Conditional Use Permit re a Tattoo Parlor at 1616 Hilltop West Shopping Center (GPIN 2407890555) DISTRICTS—LYNNHA YEN 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/permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. There shall be no window signage permitted. 4. If and when the existing sign is replaced with any reference to permanent make up application, the new signage shall meet the requirements of the City Zoning Ordinance (CZO), and there shall be no neon 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. The building signage shall not be a 'Sox 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 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Twenty-first day of March, Two Thousand Seventeen. Voting: 10-0 Council Members Voting Aye.' Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson March 21, 2017 I I 3 \ „r' / --------- ) v. ‘, \ , ..---------------- -----------1- _,----S----- , ) ___-----------16% st SC -9 i-- WtoP 1\1 e ihr '6101 4.3 \ ; . ., . i ..... ----1 , 7-- 0.• ---- \ 0 _ ------- ------ .; 40•11 P Oil - • 1 'J.F.------ _____---------'---- ,___.--------'-----7--::- di ', ...-------- --4,-- --(9•,-/ Ionia , ,I.,.. x Et I-- J • _....• _..........„..-------. ----------. • ( - ,-• 0 .. .‘ ... ..._. . ,... .„. • -' - • ., N , -D . ---k-- . -- `ri.) _,-, DIA . k:\ \---\___ .,-; ,-- CO \ \ 'IN 88 Item—VI-K.5 PLANNING ITEM#66915 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of CITY OF VIRGINIA BEACH for a Modification of Conditions re a fill for a Borrow Pit at the North side of Notfolk—Southern right-of-way, West of Air Station Drive(Approved August13, 2002)DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CITY OF VIRGINIA BEACH for a Modification of Conditions re a fill for a Borrow Pit at the North side of Norfolk — Southern right-of-way, West of Air Station Drive (Approved August13, 2002) (GPIN 240 73 4691 6) DISTRICT 6—BEACH The following conditions shall be required: 1. The hours of operation of the site shall be limited to 8:00 AM to 5.00 PM, Monday through Friday. This condition may be suspended during times of emergency, such as large storm events and hurricanes. No mulching of materials shall occur when the Upper Wo7fsnare House is open to the public for tours. This is generally Noon to 4:00 PM on Wednesdays in July and August. 2. The limits offill shall substantially adhere to the submitted Site Plan, except as noted below, titled 'DREDGED MATERIAL DISPOSAL SITE, WOLFSNARE PROPERTY, Virginia Beach Public Works Department, City of Virginia Beach, Virginia", dated October 12, 2001, revised January 31, 2002, and prepared by Landmark Design Group. Said Plan is on file with the City of Virginia Beach Planning Department. 3. The Stormwater Management Ponds shall adhere to the natural design depicted on the END USE /LAND USE PLAN, prepared by City Staff and Landmark Design Group. Said Plan is on file with the City of Virginia Beach Planning Department. 4. The fill operation shall begin at the eastern most portion of"Cell B"as conditioned by the City of Virginia Beach Historical Review Board on April 18, 2002. 5. Restoration of the site shall substantially adhere to the submitted "END USE/LAND USE PLAN, DREDGED MATERIAL DISPOSAL SITE,"prepared by City Staff and Landmark Design Group. Said Plan is on file with the City of Virginia Beach Planning Department. 6. Fencing around the site shall be "black vinyl coated" chain-link as depicted on the "END USE/LAND USE PLAN, DREDGED MATERIAL DISPOSAL SITE, prepared by City Staff and Landmark Design Group. Said Plan is on file with the City of Virginia Beach Planning Department. 7. Based on Fire Department Guidelines, the height of any pile of mulch shall be limited to twenty (20)feet and shall be located no closer than twenty (20)feet to any other pile of debris. 8. The Fire Department shall have access to the site at all times. Said debris shall be located away from power lines and ignition sources. The use of welding and other heat generating devices shall be restricted. March 21, 2017 89 Item—VI-K.5 PLANNING ITEM#66915 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Twenty-first day of March, Two Thousand Seventeen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson March 21, 2017 mr00 i+ ,• I Sj• [1, 1i ti-' 1 Q \' • i ' E,t (•A i Sii■ .f. ,f. It.w 9 •,;\It.. '.1..it----iii --01 laTIITtra i N \ V 4\ 10) LY__„-',,-,----.7-iiiiiiita . iii [1I1117 a in mei I) ' ' . rt-11110611 11 1 r-, .C. --::: :-.-:L---L:-11° C4 % St W * r-- I ''', \ I ii 11 _ J.' ,.ti \ a N m [ 3 Li \- it) a 01 4610 COCIllij 1 la \ OC rtiFli 'I: 4 .i \ }"N N , �f I m -� u i-7 'Al'', 1 ''''' \ co I7.I LIN 1• .1).\-° i \\ +, N114 \\ \\, \ \ �, ,11N ++d.\ is \e ‘. \... Q N try,ii. \\\\ 61 .X'\\,, 1;\ \ i \\\ C:1.[- ‘ '\\\ \\\\\ \\ . I 10fe). .' -%. \‘' \ it \ I thz \ti 1-0 t�, IIS 1 \i f`� 'N,'f r �� I iii \' 1 1 V, i � ... ht'�'r. ,•�� 1'x'1, ��� \ icfN � <-, `� ,� , ¢ \ M 1, 90 ITEM VI-L APPOINTMENTS ITEM#66916 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: GREEN RIBBON COMMITTEE HUMAN RIGHTS COMMISSION RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION—VBCDC WORKFORCE HOUSING ADVISORY BOARD March 21, 2017 91 ITEM V/-L APPOINTMENTS ITEM#66917 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: VICE MAYOR LOUIS R. JONES MAYOR WILLIAM D.SESSOMS,JR. No term HAMPTON ROADS REGION NORFOLK-VIRGINIA BEACH JOINT LAND USE POLICY COMMITTEE Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis K Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson March 21, 2017 92 Item-VI-O ADJOURNMENT ITEM#66918 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:26 P.M. JILL¢ •manda Finley-Barnes, C Chief Deputy City Clerk Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia March 21, 2017